[105th Congress Public Law 178]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ178.105]
[[Page 112 STAT. 107]]
Public Law 105-178
105th Congress
An Act
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes. <<NOTE: June 9,
1998 - [H.R. 2400]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Transportation
Equity Act for the 21st Century. Grants. Inter- governmental
relations. Loans.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 23 USC 101 note.>> 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.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Minimum guarantee.
Sec. 1105. Revenue aligned budget authority.
Sec. 1106. Federal-aid systems.
Sec. 1107. Interstate maintenance program.
Sec. 1108. Surface transportation program.
Sec. 1109. Highway bridge program.
Sec. 1110. Congestion mitigation and air quality improvement program.
Sec. 1111. Federal share.
Sec. 1112. Recreational trails program.
Sec. 1113. Emergency relief.
Sec. 1114. Highway use tax evasion projects.
Sec. 1115. Federal lands highways program.
Sec. 1116. Woodrow Wilson Memorial Bridge.
Sec. 1117. Appalachian development highway system.
Sec. 1118. National corridor planning and development program.
Sec. 1119. Coordinated border infrastructure and safety program.
Subtitle B--General Provisions
Sec. 1201. Definitions.
Sec. 1202. Bicycle transportation and pedestrian walkways.
Sec. 1203. Metropolitan planning.
Sec. 1204. Statewide planning.
Sec. 1205. Contracting for engineering and design services.
Sec. 1206. Access of motorcycles.
Sec. 1207. Construction of ferry boats and ferry terminal facilities.
Sec. 1208. Training.
Sec. 1209. Use of HOV lanes by inherently low-emission vehicles.
Sec. 1210. Advanced travel forecasting procedures program.
Sec. 1211. Amendments to prior surface transportation laws.
Sec. 1212. Miscellaneous.
Sec. 1213. Studies and reports.
Sec. 1214. Federal activities.
[[Page 112 STAT. 108]]
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.
TITLE II--HIGHWAY SAFETY
Sec. 2001. Highway safety programs.
Sec. 2002. Highway safety research and development.
Sec. 2003. Occupant protection.
Sec. 2004. Alcohol-impaired driving countermeasures.
Sec. 2005. State highway safety data improvements.
Sec. 2006. National Driver Register.
Sec. 2007. Safety studies.
Sec. 2008. Effectiveness of laws establishing maximum blood alcohol
concentrations.
Sec. 2009. Authorizations of appropriations.
TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
Sec. 3001. Short title.
Sec. 3002. Amendments to title 49, United States Code.
Sec. 3003. Definitions.
Sec. 3004. Metropolitan planning.
Sec. 3005. Transportation improvement program.
Sec. 3006. Transportation management areas.
Sec. 3007. Urbanized area formula grants.
Sec. 3008. Clean fuels formula grant program.
Sec. 3009. Capital investment grants and loans.
Sec. 3010. Dollar value of mobility improvements.
Sec. 3011. Local share.
Sec. 3012. Intelligent transportation systems applications.
Sec. 3013. Formula grants and loans for special needs of elderly
individuals and 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.
[[Page 112 STAT. 109]]
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.
TITLE IV--MOTOR CARRIER SAFETY
Sec. 4001. Amendments to title 49, United States Code.
Sec. 4002. Statement of purposes.
Sec. 4003. State grants.
Sec. 4004. Information systems.
Sec. 4005. Automobile transporter defined.
Sec. 4006. Inspections and reports.
Sec. 4007. Waivers, exemptions, and pilot programs.
Sec. 4008. Safety regulation.
Sec. 4009. Safety fitness.
Sec. 4010. Repeal of certain obsolete miscellaneous authorities.
Sec. 4011. Commercial vehicle operators.
Sec. 4012. Exemption from certain regulations for utility service
commercial motor vehicle drivers.
Sec. 4013. Participation in international registration plan and
international fuel tax agreement.
Sec. 4014. Safety performance history of new drivers; limitation on
liability.
Sec. 4015. Penalties.
Sec. 4016. Authority over charter bus transportation.
Sec. 4017. Telephone hotline for reporting safety violations.
Sec. 4018. Insulin treated diabetes mellitus.
Sec. 4019. Performance-based CDL testing.
Sec. 4020. Post-accident alcohol testing.
Sec. 4021. Driver fatigue.
Sec. 4022. Improved flow of driver history pilot program.
Sec. 4023. Employee protections.
Sec. 4024. Improved interstate school bus safety.
Sec. 4025. Truck trailer conspicuity.
Sec. 4026. DOT implementation plan.
Sec. 4027. Study 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.
TITLE V--TRANSPORTATION RESEARCH
Subtitle A--Funding
Sec. 5001. Authorization of appropriations.
Sec. 5002. Obligation ceiling.
Sec. 5003. Notice.
Subtitle B--Research and Technology
Sec. 5101. Research and technology program.
Sec. 5102. Surface transportation research.
Sec. 5103. Technology deployment.
[[Page 112 STAT. 110]]
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.
TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS
Sec. 6101. Findings and purpose.
Sec. 6102. Particulate matter monitoring program.
Sec. 6103. Ozone designation requirements.
Sec. 6104. Additional provisions.
TITLE VII--MISCELLANEOUS
Subtitle A--Automobile Safety and Information
Sec. 7101. Short title.
Sec. 7102. Authorization of appropriations.
Sec. 7103. Improving air bag safety.
Sec. 7104. Restrictions on lobbying activities.
Sec. 7105. Odometers.
Sec. 7106. Miscellaneous amendments.
Sec. 7107. Importation of motor vehicle for show or display.
Subtitle B--Railroads
Sec. 7201. High-speed rail.
Sec. 7202. Light density rail line pilot projects.
Sec. 7203. Railroad rehabilitation and improvement financing.
Sec. 7204. Alaska Railroad.
Subtitle C--Comprehensive One-Call Notification
Sec. 7301. Findings.
Sec. 7302. One-call notification programs.
Subtitle D--Sportfishing and Boating Safety
Sec. 7401. Short title; amendment of 1950 Act.
Sec. 7402. Outreach and communications programs.
Sec. 7403. Clean Vessel Act funding.
Sec. 7404. Boating infrastructure.
Sec. 7405. Boat safety funds.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND BUDGET
OFFSETS
Subtitle A--Transportation Discretionary Spending Guarantee
Sec. 8101. Discretionary spending categories.
[[Page 112 STAT. 111]]
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.
TITLE IX--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
Sec. 9001. Short title; amendment of 1986 Code.
Sec. 9002. Extension of highway-related taxes and trust fund.
Sec. 9003. Extension and modification of tax benefits for alcohol fuels.
Sec. 9004. Modifications to Highway Trust Fund.
Sec. 9005. Provisions relating to Aquatic Resources Trust Fund.
Sec. 9006. Repeal of 1.25 cent tax rate on rail diesel fuel.
Sec. 9007. Additional qualified expenses available to non-Amtrak States.
Sec. 9008. Delay in effective date of new requirement for approved
diesel or 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.
SEC. <<NOTE: 23 USC 101 note.>> 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Interstate system.--The term ``Interstate System'' has
the meaning such term has under section 101 of title 23, United
States Code.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Interstate maintenance program.--For the 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.
[[Page 112 STAT. 112]]
(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
[[Page 112 STAT. 113]]
facilities under section 1064 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105
Stat. 2005) $30,000,000 for each of fiscal year 1998 and
$38,000,000 for each of fiscal years 1999 through 2003.
(11) National scenic byways program.--For the national
scenic byways program under section 162 of title 23, United
States Code, $23,500,000 for each of fiscal years 1998 and 1999,
$24,500,000 for each of fiscal years 2000 and 2001, and
$25,500,000 for fiscal year 2002, and $26,500,000 for fiscal
year 2003.
(12) Value pricing pilot program.--For the value pricing
pilot program under section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105
Stat. 1938) $7,000,000 for fiscal year 1999, and $11,000,000 for
each of fiscal years 2000 through 2003.
(13) High priority projects program.--For the high priority
projects program under section 117 of title 23, United States
Code, $1,025,695,000 for fiscal year 1998, $1,398,675,000 for
fiscal year 1999, $1,678,410,000 for fiscal year 2000,
$1,678,410,000 for fiscal year 2001, $1,771,655,000 for fiscal
year 2002, and $1,771,655,000 for fiscal year 2003.
(14) Highway use tax evasion projects.--For highway use tax
evasion projects under section 143 of such title $5,000,000 for
each of fiscal years 1998 through 2003.
(15) Commonwealth of puerto rico highway program.--For the
Commonwealth of Puerto Rico highway program under section
1214(r) of this Act $110,000,000 for fiscal years 1998 through
2003.
(b) Disadvantaged Business Enterprises.-- <<NOTE: 23 USC 101
note.>>
(1) General rule.--Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts
made available for any program under titles I, III, and V of
this Act shall be expended with small business concerns owned
and controlled by socially and economically 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) <<NOTE: Notification.>> 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)
[[Page 112 STAT. 114]]
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) <<NOTE: Reports.>> 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
[[Page 112 STAT. 115]]
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.
SEC. 1102. OBLIGATION CEILING. <<NOTE: 23 USC 104 note.>>
(a) General Limitation.--Notwithstanding any other provision of law
but subject to subsections (g) and (h), the obligations for Federal-aid
highway and highway safety construction programs 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.
[[Page 112 STAT. 116]]
(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
[[Page 112 STAT. 117]]
under paragraph (3) by the sums authorized to be appropriated
for such section (except in the case of section 105,
$2,000,000,000) for such fiscal year;
(5) distribute the 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
[[Page 112 STAT. 118]]
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.
SEC. 1103. APPORTIONMENTS.
(a) Administrative Expenses.--Section 104 of title 23, United States
Code, is amended by striking subsection (a) and inserting the following:
``(a) Administrative Expenses.--
``(1) In general.--Whenever an apportionment is made of the
sums made available for expenditure on each of the surface
transportation program under section 133, the bridge program
under section 144, the congestion mitigation and air quality
improvement program under section 149, the Interstate and
National Highway System program under section 103, the minimum
guarantee program under section 105, the Federal lands highway
program under section 204, or the Appalachian development
highway system program under section 201 of the Appalachian
Regional Development Act of 1965 (40 U.S.C. App.), the Secretary
shall deduct a sum, in an amount not to exceed 1\1/2\ percent of
all sums so made available, as the Secretary determines
necessary--
``(A) to administer the provisions of law to be
financed from appropriations for the Federal-aid highway
program and programs authorized under chapter 2; and
``(B) to make transfers of such sums as the
Secretary determines to be appropriate to the
Appalachian Regional Commission for administrative
activities associated with the Appalachian development
highway system.
``(2) Consideration of unobligated balances.--In making the
determination described in paragraph (1), the Secretary
[[Page 112 STAT. 119]]
shall take into account the unobligated balance of any sums
deducted under this subsection in prior fiscal years.
``(3) Availability.--The sum deducted under paragraph (1)
shall remain available until expended.''.
(b) Apportionments.--Section 104(b) of such title <<NOTE: 23 USC
104.>> is amended to read as follows:
``(b) Apportionments.--On October 1 of each fiscal year, the
Secretary, after making the deduction authorized by subsection (a) and
the set-aside authorized by subsection (f), shall apportion the
remainder of the sums authorized to be appropriated for expenditure on
the Interstate and National Highway System program, the Congestion
Mitigation and Air Quality Improvement program, and the Surface
Transportation program for that fiscal year, among the several States in
the following manner:
``(1) National highway system component.--
``(A) In general.--For the National Highway System
(excluding funds apportioned under paragraph (4)),
$36,400,000 for each fiscal year to the Virgin Islands,
Guam, American Samoa, and the Commonwealth of Northern
Mariana Islands, $18,800,000 for each of fiscal years
1999 through 2003 for the Alaska Highway, and the
remainder apportioned as follows:
``(i) 25 percent in the ratio that--
``(I) the total lane miles of
principal arterial routes (excluding
Interstate System routes) in each State;
bears to
``(II) the total lane miles of
principal arterial routes (excluding
Interstate System routes) in all States.
``(ii) 35 percent in the ratio that--
``(I) the total vehicle miles
traveled on lanes on principal arterial
routes (excluding Interstate System
routes) in each State; bears to
``(II) the total vehicle miles
traveled on lanes on principal arterial
routes (excluding Interstate System
routes) in all States.
``(iii) 30 percent in the ratio that--
``(I) the total diesel fuel used on
highways in each State; bears to
``(II) the total diesel fuel used on
highways in all States.
``(iv) 10 percent in the ratio that--
``(I) the quotient obtained by
dividing the total lane miles on
principal arterial highways in each
State by the total population of the
State; bears to
``(II) the quotient obtained by
dividing the total lane miles on
principal arterial highways in all
States by the total population of all
States.
``(B) Minimum apportionment.--Notwithstanding
subparagraph (A) and paragraph (4), each State shall
receive a minimum of \1/2\ of 1 percent of the funds
apportioned under subparagraph (A) and paragraph (4).
``(2) Congestion mitigation and air quality improvement
program.--
``(A) In general.--For the congestion mitigation and
air quality improvement program, in the ratio that--
[[Page 112 STAT. 120]]
``(i) the total of all weighted nonattainment
and maintenance area populations in each State;
bears to
``(ii) the total of all weighted nonattainment
and maintenance area populations in all States.
``(B) Calculation of weighted nonattainment and
maintenance area population.--Subject to subparagraph
(C), for the purpose of subparagraph (A), the weighted
nonattainment and maintenance area population shall be
calculated by multiplying the population of each area in
a State that was a nonattainment area or maintenance
area as described in section 149(b) for ozone or carbon
monoxide by a factor of--
``(i) 0.8 if--
``(I) at the time of the
apportionment, the area is a maintenance
area; or
``(II) at the time of the
apportionment, the area is classified as
a submarginal ozone nonattainment area
under the Clean Air Act (42 U.S.C. 7401
et seq.);
``(ii) 1.0 if, at the time of the
apportionment, the area is classified as a
marginal ozone nonattainment area under subpart 2
of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
``(iii) 1.1 if, at the time of the
apportionment, the area is classified as a
moderate ozone nonattainment area under such
subpart;
``(iv) 1.2 if, at the time of the
apportionment, the area is classified as a serious
ozone nonattainment area under such subpart;
``(v) 1.3 if, at the time of the
apportionment, the area is classified as a severe
ozone nonattainment area under such subpart;
``(vi) 1.4 if, at the time of the
apportionment, the area is classified as an
extreme ozone nonattainment area under such
subpart; or
``(vii) 1.0 if, at the time of the
apportionment, the area is not a nonattainment or
maintenance area as described in section 149(b)
for ozone, but is classified under subpart 3 of
part D of title I of such Act (42 U.S.C. 7512 et
seq.) as a nonattainment area described in section
149(b) for carbon monoxide.
``(C) Additional adjustment for carbon monoxide
areas.--
``(i) Carbon monoxide nonattainment areas.--
If, in addition to being classified as a
nonattainment or maintenance area for ozone, the
area was also classified under subpart 3 of part D
of title I of such Act (42 U.S.C. 7512 et seq.) as
a nonattainment area described in section 149(b)
for carbon monoxide, the weighted nonattainment or
maintenance area population of the area, as
determined under clauses (i) through (vi) of
subparagraph (B), shall be further multiplied by a
factor of 1.2.
``(ii) Carbon monoxide maintenance areas.--If,
in addition to being classified as a nonattainment
or maintenance area for ozone, the area was at one
time also classified under subpart 3 of part D of
title I
[[Page 112 STAT. 121]]
of such Act (42 U.S.C. 7512 et seq.) as a
nonattainment area described in section 149(b) for
carbon monoxide but has been redesignated as a
maintenance area, the weighted nonattainment or
maintenance area population of the area, as
determined under clauses (i) through (vi) of
subparagraph (B), shall be further multiplied by a
factor of 1.1.
``(D) Minimum apportionment.--Notwithstanding any
other provision of this paragraph, each State shall
receive a minimum of \1/2\ of 1 percent of the funds
apportioned under this paragraph.
``(E) Determinations of population.--In determining
population figures for the purposes of this paragraph,
the Secretary shall use the latest available annual
estimates prepared by the Secretary of Commerce.
``(3) Surface transportation program.--
``(A) In general.--For the surface transportation
program, in accordance with the following formula:
``(i) 25 percent of the apportionments in the
ratio that--
``(I) the total lane miles of
Federal-aid highways in each State;
bears to
``(II) the total lane miles of
Federal-aid highways in all States.
``(ii) 40 percent of the apportionments in the
ratio that--
``(I) the total vehicle miles
traveled on lanes on Federal-aid
highways in each State; bears to
``(II) the total vehicle miles
traveled on lanes on Federal-aid
highways in all States.
``(iii) 35 percent of the apportionments in
the
ratio that--
``(I) the estimated tax payments
attributable to highway users in each
State paid into the Highway Trust Fund
(other than the Mass Transit Account) in
the latest fiscal year for which data
are available; bears to
``(II) the estimated tax payments
attributable to highway users in all
States paid into the Highway Trust Fund
(other than the Mass Transit Account) in
the latest fiscal year for which data
are available.
``(B) Minimum apportionment.--Notwithstanding
subparagraph (A), each State shall receive a minimum of
\1/2\ of 1 percent of the funds apportioned under this
paragraph.
``(4) Interstate maintenance component.--For resurfacing,
restoring, rehabilitating, and reconstructing the Interstate
System--
``(A) 33\1/3\ percent in the ratio that--
``(i) the total lane miles on Interstate
System routes open to traffic in each State; bears
to
``(ii) the total of all such lane miles in all
States;
``(B) 33\1/3\ percent in the ratio that--
``(i) the total vehicle miles traveled on
lanes on Interstate System routes designated
under--
``(I) section 103;
[[Page 112 STAT. 122]]
``(II) section 139(a) (as in effect
on the day before the date of enactment
of the Transportation Equity Act for the
21st Century) before March 9, 1984
(other than routes on toll roads not
subject to a Secretarial agreement under
section 105 of the Federal-Aid Highway
Act of 1978 (92 Stat. 2692)); and
``(III) section 139(c) (as in effect
on the day before the date of enactment
of the Transportation Equity Act for the
21st Century);
in each State; bears to
``(ii) the total of all such vehicle miles
traveled in all States; and
``(C) 33\1/3\ percent in the ratio that--
``(i) the total of each State's annual
contributions to the Highway Trust Fund (other
than the Mass Transit Account) attributable to
commercial vehicles; bears to
``(ii) the total of such annual contributions
by all States.
(c) Operation Lifesaver and High Speed Rail Corridors.--Section
104(d) of such title <<NOTE: 23 USC 104.>> is amended--
(1) in paragraph (1) by striking ``The'' and all that
follows through ``$300,000 for each'' and inserting ``Before
making an apportionment under subsection (b)(3) of this section
for a fiscal year, the Secretary shall set aside $500,000 for
such''; and
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Railway-highway crossing hazard elimination in high
speed rail corridors.--
``(A) In general.--Before making an apportionment of
funds under subsection (b)(3) for a fiscal year, the
Secretary shall set aside $5,250,000 of the funds made
available for the surface transportation program for the
fiscal year for elimination of hazards of railway-
highway crossings.
``(B) Eligible corridors.--Subject to subparagraph
(E), funds made available under subparagraph (A) shall
be expended for projects in--
``(i) 5 railway corridors selected by the
Secretary in accordance with this subsection (as
in effect on the day before the date of enactment
of this clause);
``(ii) 3 railway corridors selected by the
Secretary in accordance with subparagraphs (C) and
(D);
``(iii) a Gulf Coast high speed railway
corridor (as designated by the Secretary);
``(iv) a Keystone high speed railway corridor
from Philadelphia to Harrisburg, Pennsylvania; and
``(v) an Empire State railway corridor from
New York City to Albany to Buffalo, New York.
``(C) Required inclusion of high speed rail lines.--
A corridor selected by the Secretary under subparagraph
(B) shall include rail lines where railroad speeds of 90
miles or more per hour are occurring or can reasonably
be expected to occur in the future.
[[Page 112 STAT. 123]]
``(D) Considerations in corridor selection.--In
selecting corridors under subparagraph (B), the
Secretary shall consider--
``(i) projected rail ridership volume in each
corridor;
``(ii) the percentage of each corridor over
which a train will be capable of operating at its
maximum cruise speed taking into account such
factors as topography and other traffic on the
line;
``(iii) projected benefits to nonriders such
as congestion relief on other modes of
transportation serving each corridor (including
congestion in heavily traveled air passenger
corridors);
``(iv) the amount of State and local financial
support that can reasonably be anticipated for the
improvement of the line and related facilities;
and
``(v) the cooperation of the owner of the
right-of-way that can reasonably be expected in
the operation of high speed rail passenger service
in each corridor.
``(E) Certain improvements.--Not less than $250,000
of such set-aside shall be available per fiscal year for
eligible improvements to the Minneapolis/St. Paul-
Chicago segment of the Midwest High Speed Rail Corridor.
``(F) Authorization of appropriations.--There is
authorized to be appropriated $15,000,000 for each of
fiscal years 1999 through 2003 to carry out this
subsection.''.
(d) Certification of Apportionments.--Section 104(e) of such title
is amended-- <<NOTE: 23 USC 104.>>
(1) by inserting ``Certification of Apportionments.--''
after ``(e)'';
(2) by inserting ``(1) In general.--'' before ``On October
1'';
(3) by striking the first parenthetical phrase;
(4) by striking ``and research'' the first place it appears;
(5) by striking the second sentence;
(6) by adding at the end the following:
``(2) Notice to states.--If the Secretary has not made an
apportionment under section 104, 144, or 157 by the 21st day of
a fiscal year beginning after September 30, 1998, the Secretary
shall transmit, by such 21st day, to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a written statement of the reason for not
making such apportionment in a timely manner.''; and
(7) by indenting paragraph (1) (as designated by paragraph
(2) of this subsection) and aligning such paragraph (1) with
paragraph (2) of such section (as added by paragraph (6) of this
subsection).
(e) Metropolitan Planning Set-Aside.--Section 104(f) of such title
is amended--
(1) in paragraph (1) by striking ``Interstate construction
and Interstate substitute programs'' and inserting
``recreational trails program''; and
(2) in paragraph (3) by striking ``120(j) of this title''
and inserting ``120(b)''.
(f) Recreational Trails Program.--Section 104(h) of such title is
amended to read as follows:
``(h) Recreational Trails Program.--
[[Page 112 STAT. 124]]
``(1) Administrative costs.--Whenever an apportionment is
made of the sums authorized to be appropriated to carry out the
recreational trails program under section 206, the Secretary
shall deduct an amount, not to exceed 1\1/2\ percent of the sums
authorized, to cover the cost to the Secretary for
administration of and research and technical assistance under
the recreational trails program and for administration of the
National Recreational Trails Advisory Committee. The Secretary
may enter into contracts with for-profit organizations or
contracts, partnerships, or cooperative agreements with other
government agencies, institutions of higher learning, or
nonprofit organizations to perform these tasks.
``(2) Apportionment to the states.--After making the
deduction authorized by paragraph (1) of this subsection, the
Secretary shall apportion the remainder of the sums authorized
to be appropriated for expenditure on the recreational trails
program for each fiscal year, among the States in the following
manner:
``(A) 50 percent of that amount shall be apportioned
equally among eligible States.
``(B) 50 percent of that amount shall be apportioned
among eligible States in amounts proportionate to the
degree of non-highway recreational fuel use in each of
those States during the preceding year.
``(3) Eligible state defined.--In this section, the term
`eligible State' means a State that meets the requirements of
section 206(c).''.
(g) Audits of Highway Trust Fund.--Section 104 of such title is
amended <<NOTE: 23 USC 104.>> by striking subsection (i) and inserting
the following:
``(i) Audits of Highway Trust Fund.--From administrative funds
deducted under subsection (a), the Secretary may reimburse the Office of
Inspector General of the Department of Transportation for the conduct of
annual audits of financial statements in accordance with section 3521 of
title 31.''.
(h) Report on Obligations.--Section 104 of such title is amended by
striking subsection (j) and inserting the following:
``(j) Report to Congress.--The Secretary shall submit to Congress a
report for each fiscal year on--
``(1) the amount obligated, by each State, for Federal-aid
highways and highway safety construction programs during the
preceding fiscal year;
``(2) the balance, as of the last day of the preceding
fiscal year, of the unobligated apportionment of each State by
fiscal year under this section and sections 105 and 144;
``(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such highways
and programs for the fiscal year; and
``(4) the rates of obligation of funds apportioned or set
aside under this section and sections 105, 133, and 144,
according to--
``(A) program;
``(B) funding category or subcategory;
``(C) type of improvement;
``(D) State; and
[[Page 112 STAT. 125]]
``(E) sub-State geographic area, including urbanized
and rural areas, on the basis of the population of each
such area.''.
(i) Transfer of Highway and Transit Funds.--Section 104 of such
title is amended <<NOTE: 23 USC 104.>> by inserting after subsection
(j) the following:
``(k) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds.--Funds made available under
this title and transferred for transit projects of a type
described in section 133(b)(2) shall be administered by the
Secretary in accordance with chapter 53 of title 49, except that
the provisions of this title relating to the non-Federal share
shall apply to the transferred funds.
``(2) Transfer of transit funds.--Funds made available under
chapter 53 of title 49 and transferred for highway projects
shall be administered by the Secretary in accordance with this
title, except that the provisions of such chapter relating to
the non-Federal share shall apply to the transferred funds.
``(3) Transfer of obligation authority.--Obligation
authority provided for projects described in paragraphs (1) and
(2) shall be transferred in the same manner and amount as the
funds for the projects are transferred.''.
(j) Effect of Certain Delay in Deposits Into Highway Trust Fund.--
Section 104 of such title is amended by adding at the end the following:
``(l) Effect of Certain Delay in Deposits Into Highway Trust Fund.--
Notwithstanding any other provision of law, deposits into the Highway
Trust Fund resulting from the application of section 901(e) of the
Taxpayer Relief Act of 1997 (111 Stat. 872) shall not be taken into
account in determining the apportionments and allocations that any State
shall be entitled to receive under the Transportation Equity Act for the
21st Century and this title.''.
(k) Technical Amendments.--Section 104(f) of such title is amended--
(1) by striking ``(f)(1) On'' and inserting the following:
``(f) Metropolitan Planning.--
``(1) Set-aside.--On'';
(2) in paragraph (1) by striking ``, except that'' and all
that follows through ``programs'';
(3) by striking ``(2) These'' and inserting the following:
``(2) Apportionment to states of set-aside funds.--These'';
(4) by striking ``(3) The'' and inserting the following:
``(3) Use of funds.--The'';
(5) by striking ``(4) The'' and inserting the following:
``(4) Distribution of funds within states.--The''; and
(6) by aligning the remainder of the text of each of
paragraphs (1) through (4) with paragraph (5).
(l) Conforming Amendments.--
(1) Section 146(a) of such title is amended in the first
sentence by striking ``, 104(b)(2), and 104(b)(6)'' and
inserting ``and 104(b)(3)''.
(2) Section 158 of such title is amended--
(A) in subsection (a)--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2) and (3)
as paragraphs (1) and (2), respectively;
[[Page 112 STAT. 126]]
(iii) in paragraph (1) (as so redesignated)--
(I) by striking ``After the first
year'' and inserting ``In general''; and
(II) by striking ``104(b)(2),
104(b)(5), and 104(b)(6)'' and inserting
``104(b)(3), and 104(b)(4)''; and
(iv) in paragraph (2) (as redesignated by
clause (ii)) by striking ``paragraphs (1) and (2)
of this subsection'' and inserting ``paragraph
(1)''; and
(B) by striking subsection (b) and inserting the
following:
``(b) Effect of Withholding of Funds.--No funds withheld under this
section from apportionment to any State after September 30, 1988, shall
be available for apportionment to that State.''.
(3)(A) Section 115(b)(1) of such title is amended <<NOTE: 23
USC 115.>> by striking ``104(b)(5)'' and inserting
``104(b)(4)''.
(B) Section 137(f)(1) of such title is amended by striking
``section 104(b)(5)(B) of this title'' and inserting ``section
104(b)(4)''.
(C) Section 141(c) of such title is amended by striking
``section 104(b)(5) of this title'' each place it appears and
inserting ``section 104(b)(4)''.
(D) Section 142(c) of such title is amended by striking
``(other than section 104(b)(5)(A))''.
(E) Section 159 of such title is amended--
(i) by striking ``(5) of'' each place it appears and
inserting ``(5) (as in effect on the day before the date
of enactment of the Transportation Equity Act for the
21st Century) of''; and
(ii) in subsection (b)--
(I) in paragraphs (1)(A)(i) and (3)(A) by
striking ``section 104(b)(5)(A)'' each place it
appears and inserting ``section 104(b)(5)(A) (as
in effect on the day before the date of enactment
of the Transportation Equity Act for the 21st
Century)'';
(II) in paragraph (1)(A)(ii) by striking
``section 104(b)(5)(B)'' and inserting ``section
104(b)(5)(B) (as in effect on the day before the
date of enactment of the Transportation Equity Act
for the 21st Century)'';
(III) in paragraph (3)(B) by striking
``(5)(B)'' and inserting ``(5)(B) (as in effect on
the day before the date of enactment of the
Transportation Equity Act for the 21st Century)'';
and
(IV) in paragraphs (3) and (4) by striking
``section 104(b)(5)'' each place it appears and
inserting ``section 104(b)(5) (as in effect on the
day before the date of enactment of the
Transportation Equity Act for the 21st Century)''.
(F) Section 161(a) of such title is amended by striking
``paragraphs (1), (3), and (5)(B) of section 104(b)'' each place
it appears and inserting ``paragraphs (1), (3), and (4) of
section 104(b)''.
(4) Section 142(b) of such title is amended by striking
``paragraph (5) of subsection (b) of section 104 of this title''
and inserting ``section 104(b)(4)''.
(m) <<NOTE: 23 USC 104 note.>> Adjustments for the Surface
Transportation Extension Act of 1997.--
[[Page 112 STAT. 127]]
(1) In general.--Notwithstanding any other provision of law
and subject to section 2(c) of the Surface Transportation
Extension Act of 1997, the Secretary shall ensure that the total
apportionments for a State (other than Massachusetts) for fiscal
year 1998 made under the Transportation Equity Act for the 21st
Century (including amendments made by such Act) shall be reduced
by the amount apportioned to such State (other than
Massachusetts) under section 1003(d)(1) of the Intermodal
Surface Transportation Efficiency Act of 1991.
(2) Repayment of transferred funds.--The Secretary shall
ensure that any apportionments made to a State for fiscal year
1998 and adjusted under paragraph (1) shall first be used to
restore in accordance with section 3(c) of the Surface
Transportation Extension Act of 1997 any funds that a State
transferred under section 3 of such Act.
(3) Insufficient funds for repayment.--If a State has
insufficient funds apportioned in fiscal year 1998 under the
Transportation Equity Act for the 21st Century (including
amendments made by such Act) to make the adjustment required by
paragraph (1), then the Secretary shall make an adjustment to
any funds apportioned to such State in fiscal year 1999.
(4) Allocated programs.--Notwithstanding any other provision
of law, amounts made available for fiscal year 1998 by the
Transportation Equity Act for the 21st Century (including
amendments made by such Act) for a program that is continued by
both of sections 4, 5, 6, and 7 of the Surface Transportation
Extension Act of 1997 (including amendments made by such
sections) and the Transportation Equity Act for the 21st Century
(including amendments made by such Act) shall be reduced by the
amount made available by such sections 4, 5, 6, and 7 for such
programs.
(5) Treatment of STEA obligation authority.--The amount of
obligation authority made available under section 2(e) of the
Surface Transportation Extension Act of 1997 shall be considered
to be an amount of obligation authority made available for
fiscal year 1998 under section 1102(a) of this Act.
(n) <<NOTE: 23 USC 101 note.>> State Defined.--For the purposes of
apportioning funds under sections 104, 105, 144, and 206, the term
``State'' means any of the 50 States and the District of Columbia.
SEC. 1104. MINIMUM GUARANTEE.
(a) In General.--Section 105 of title 23, United States Code, is
amended to read as follows:
``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).
[[Page 112 STAT. 128]]
``(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--
[[Page 112 STAT. 129]]
``(A) the amount of funds apportioned to each State
for each program referred to in subsection (a) for a
fiscal year; bears to
``(B) the total amount of funds apportioned to all
States for such program for such fiscal year.
``(2) Remaining distribution.--The Secretary shall 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.''.
[[Page 112 STAT. 130]]
SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by striking section 110 and inserting the following:
``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.''.
[[Page 112 STAT. 131]]
(b) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by striking the item relating to section 110 and inserting
the following:
``110. Revenue aligned budget authority.''.
SEC. 1106. FEDERAL-AID SYSTEMS. <<NOTE: 23 USC 103 note.>>
(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.
[[Page 112 STAT. 132]]
``(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.
[[Page 112 STAT. 133]]
``(H) Capital and operating costs for traffic
monitoring, management, and control facilities and
programs.
``(I) Fringe and corridor parking facilities.
``(J) Carpool and vanpool projects.
``(K) Bicycle transportation and pedestrian walkways
in accordance with section 217.
``(L) Development, establishment, and implementation
of management systems under section 303.
``(M) In accordance with all applicable Federal law
(including regulations), participation in natural
habitat and wetland mitigation efforts related to
projects funded under this title, which may include
participation in natural 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).
[[Page 112 STAT. 134]]
``(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.--
[[Page 112 STAT. 135]]
``(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
[[Page 112 STAT. 136]]
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) <<NOTE: 23 USC 103 note.>> 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.-- <<NOTE: 23 USC 103
note.>>
(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.
[[Page 112 STAT. 137]]
(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.
SEC. 1107. INTERSTATE MAINTENANCE PROGRAM.
(a) In General.--Section 119 of title 23, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--
``(1) Projects.--The Secretary may approve projects for
resurfacing, restoring, rehabilitating, and reconstructing--
``(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
[[Page 112 STAT. 138]]
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.-- <<NOTE: 23 USC 119 note.>>
(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.
SEC. 1108. SURFACE TRANSPORTATION PROGRAM.
(a) Eligibility of Projects.--Section 133(b) of title 23, United
States Code, is amended--
(1) in paragraph (1) by inserting after ``magnesium
acetate'' the following: ``, sodium acetate/formate, or other
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)--
[[Page 112 STAT. 139]]
(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-- <<NOTE: 23 USC 133.>>
(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.--
[[Page 112 STAT. 140]]
``(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 <<NOTE: 23
USC 133.>> 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) <<NOTE: Certification.>> certifies that
the State will meet all the requirements of this
section; and
``(ii) <<NOTE: Notification.>> 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--
[[Page 112 STAT. 141]]
``(i) the aggregate amount of obligation
authority distributed to the State for Federal-aid
highways and highway safety construction programs
during the period; bears to
``(ii) the total of the sums apportioned to
the State for Federal-aid highways and highway
safety 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) <<NOTE: 23 USC 133 note.>> 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) <<NOTE: 23 USC 133 note.>> 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.
SEC. 1109. HIGHWAY BRIDGE PROGRAM.
(a) Apportionment Formula.--Section 144(e) of title 23, United
States Code, is amended in the fourth sentence by inserting before the
period at the end the following: ``, and, if a State transfers funds
apportioned to the State under this section in a fiscal year beginning
after September 30, 1997, to any other apportionment of funds to such
State under this title, the total cost of deficient bridges in such
State and in all States to be determined for the succeeding fiscal year
shall be reduced by the amount of such transferred funds''.
(b) Discretionary Bridge Set-Aside.--Section 144(g)(1) of such title
is amended--
(1) by inserting ``(A) Fiscal years 1992 through
1997.--'' before ``Of the amounts'';
(2) by adding at the end the following:
``(B) Fiscal year 1998.--Of the amounts authorized
to be appropriated to carry out the bridge program under
this section for fiscal year 1998, all but $25,000,000
shall be apportioned as provided in subsection (e) of
this section. Such $25,000,000 shall be available only
for projects for the seismic retrofit of a bridge
described in subsection (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
[[Page 112 STAT. 142]]
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-- <<NOTE: 23 USC 144.>>
(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''.
SEC. 1110. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
(a) Establishment of Program.--Section 149(a) of title 23, United
States Code, is amended by inserting after ``establish'' the following:
``and implement''.
(b) Currently Eligible Projects.--Section 149(b) of such title is
amended--
(1) by striking ``that was designated as a nonattainment
area under section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)) during any part of fiscal year 1994'' and inserting the
following: ``that is or was designated as a nonattainment area
for ozone, carbon monoxide, or particulate matter under section
107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and classified
pursuant to section 181(a), 186(a), 188(a), or 188(b) of the
Clean Air Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b))
or is or was designated as a nonattainment area under such
section 107(d) after December 31, 1997,'';
(2) in paragraph (1)(A) by striking ``clauses (xii) and'';
and inserting ``clause'';
(3) in paragraph (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:
[[Page 112 STAT. 143]]
``(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 <<NOTE: 23 USC 149.>> 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
[[Page 112 STAT. 144]]
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) <<NOTE: 23 USC 149 note.>> 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.-- <<NOTE: 23 USC 149 note.>>
(1) <<NOTE: Contracts.>> 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,
[[Page 112 STAT. 145]]
as of the date of the study, are not addressed by the
program.
(2) Report.--Not later than January 1, 2000, the National
Academy of Sciences shall transmit to the Secretary, the
Committee on Transportation and Infrastructure and the Committee
on Commerce of the House of Representatives, and the Committee
on Environment and Public Works of the Senate a report on the
results of the study with recommendations for modifications to
the congestion mitigation and air quality improvement program in
light of the results of the study.
(3) Funding.--Before making the apportionment of funds under
section 104(b)(2) of title 23, United States Code, for each of
fiscal years 1999 and 2000, the Secretary shall deduct from the
amount to be apportioned under such section for such fiscal
year, and make available, $500,000 for such fiscal year to carry
out this subsection.
SEC. 1111. FEDERAL SHARE.
(a) State-Determined Lower Federal Share.--Section 120 of title 23,
United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Except'' and inserting the
following:
``(1) In general.--Except'';
(B) by adding at the end the following:
``(2) State-determined lower federal share.--In the case of
any project subject to paragraph (1), a State may 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
[[Page 112 STAT. 146]]
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) <<NOTE: 23 USC 130.>> Conforming Amendments.--Section 130(a) of
such title is amended--
(1) in the first sentence by striking ``Except as provided
in subsection (d) of section 120 of this title'' and inserting
``Subject to section 120''; and
(2) in the second sentence by striking ``except as provided
in subsection (d) of section 120 of this title'' and inserting
``subject to section 120''.
SEC. 1112. RECREATIONAL TRAILS PROGRAM.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by inserting after section 205 the following:
``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.
[[Page 112 STAT. 147]]
``(2) Recreational trail.--The term `recreational trail'
means a thoroughfare or track across land or snow, used for
recreational purposes such as--
``(A) pedestrian activities, including wheelchair
use;
``(B) skating or skateboarding;
``(C) equestrian activities, including carriage
driving;
``(D) nonmotorized snow trail activities, including
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
[[Page 112 STAT. 148]]
``(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
[[Page 112 STAT. 149]]
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
[[Page 112 STAT. 150]]
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.
[[Page 112 STAT. 151]]
``(i) Contract Authority.--Funds authorized to carry out this
section shall be available for obligation in the same manner as if the
funds were apportioned under chapter 1, except that the Federal share of
the cost of a project under this section shall be determined in
accordance with this section.''.
(b) Conforming Amendment.--The analysis for chapter 2 of title 23,
United States Code, is amended by striking the item relating to section
206 and inserting the following:
``206. Recreational trails program.''.
(c) Repeal of Obsolete Provision.--Section 1302 of the 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) <<NOTE: 23 USC 206 note.>> 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.
SEC. 1113. EMERGENCY RELIEF.
(a) Federal Share.--Section 120(e) of title 23, United States Code,
is amended in the first sentence by striking ``highway system'' and
inserting ``highway''.
(b) Eligibility and Funding.--Section 125 of 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
[[Page 112 STAT. 152]]
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) <<NOTE: 23 USC 120.>> Technical Amendments.--Section 120(e) of
such title is amended--
(1) by striking ``(c)'' and inserting ``(b)''; and
(2) by striking ``90'' and inserting ``180''.
SEC. 1114. HIGHWAY USE TAX EVASION PROJECTS.
(a) In General.--Section 143 of title 23, United States Code, is
amended to read as follows:
``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.
[[Page 112 STAT. 153]]
``(2) Allocation of funds.--Funds made available to carry
out this section may be allocated to the Internal Revenue
Service and the States at the discretion of the Secretary.
``(3) Conditions on funds allocated to internal 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) <<NOTE: Contracts.>> 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
[[Page 112 STAT. 154]]
enforcement authorities, subject to section 6103 of the
Internal Revenue Code of 1986.
``(3) Funding.--Of the amounts made available to carry out
this section for each of fiscal years 1998 through 2003, the
Secretary shall make available sufficient funds to the Internal
Revenue Service to establish and operate an automated fuel
reporting system.''.
(b) Conforming Amendments.--
(1) The analysis for chapter 1 of such title is amended by
striking the item relating to section 143 and inserting the
following:
``143. Highway use tax evasion projects.''.
(2) Section 1040 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992) is
repealed.
(3) Section 8002 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 2203) is
amended--
(A) in the first sentence of subsection (g) by
striking ``section 1040 of this Act'' and inserting
``section 143 of title 23, United States Code,''; and
(B) by striking subsection (h).
SEC. 1115. FEDERAL LANDS HIGHWAYS PROGRAM.
(a) Federal Share Payable.--Section 120 of title 23, United States
Code, is amended by adding at the end the following:
``(j) Use of Federal Land Management Agency Funds.--Notwithstanding
any other provision of law, the funds appropriated to any Federal land
management agency may be used to pay the non-Federal share of the cost
of any Federal-aid highway project the Federal share of which is funded
under section 104.
``(k) Use of Federal Lands Highways Program Funds.--Notwithstanding
any other provision of law, the funds authorized to be appropriated to
carry out the Federal lands highways program under section 204 may be
used to pay the non-Federal share of the cost of any project that is
funded under section 104 and that provides access to or within Federal
or Indian lands.''.
(b) Allocations.--Section 202(d) of such title is amended--
(1) by inserting ``Indian Reservation Roads.--'' after
``(d)'';
(2) by inserting ``(1) For fiscal years ending before
october 1, 1999.--'' before ``On October'';
(3) by inserting after ``each fiscal year'' the following:
``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
[[Page 112 STAT. 155]]
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.--
[[Page 112 STAT. 156]]
``(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) <<NOTE: 23 USC 203.>> 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
[[Page 112 STAT. 157]]
a part of the transportation planning process under this section
shall be approved by the Secretary.
``(4) Inclusion in other plans.--All regionally significant
Federal lands highways program projects--
``(A) shall be developed in cooperation with States
and metropolitan planning organizations; and
``(B) shall be included in appropriate Federal lands
highways program, State, and metropolitan plans and
transportation improvement programs.
``(5) Inclusion in state programs.--The approved Federal
lands highways program transportation improvement program shall
be included in appropriate State and metropolitan 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
[[Page 112 STAT. 158]]
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 <<NOTE: 23
USC 201.>> 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.-- <<NOTE: Effective date.>> 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.).''.
SEC. 1116. WOODROW WILSON MEMORIAL BRIDGE.
(a) Definitions.--Section 404 of the Woodrow Wilson Memorial Bridge
Authority Act of 1995 (109 Stat. 628) is amended--
(1) in paragraph (3) by striking ``, including approaches
thereto''; and
(2) in paragraph (5) by striking ``to be determined under
section 407. Such'' and all that follows through the period at
the end and inserting the following: ``as described in the
record of decision executed by the Secretary in compliance with
the National Environmental Policy Act of 1969 (42 U.S.C.
[[Page 112 STAT. 159]]
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.--
[[Page 112 STAT. 160]]
``(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''.
SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) Apportionment.--The Secretary shall apportion funds made
available by section 102 of this Act for fiscal years 1998 through 2003
among the States based on the latest available cost to complete estimate
for the Appalachian development highway system under section 201 of the
Appalachian Regional Development Act of 1965 prepared by the Appalachian
Regional Commission. Such funds shall be available to construct highways
and access roads under section 201 of the Appalachian Regional
Development Act of 1965.
(b) Applicability of Title 23.--Funds authorized by section 102 of
this Act for the Appalachian development highway system shall be
available for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code, except that
the Federal share of the cost of any project under this section shall be
determined in accordance with such section 201 and such funds shall
remain available until expended.
(c) Federal Share for Pre-Financed Projects.--Section 201(h)(1) of
the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is
amended by striking ``70'' and inserting ``80''.
[[Page 112 STAT. 161]]
(d) Corridor O.--There is hereby designated as an addition to
Corridor O in Pennsylvania on the Appalachian development highway system
a segment from Port Matilda to Interstate Route 80 along United States
Route 322, and the segment of Corridor O from the Pennsylvania State
line to the improved segment in Bedford, Pennsylvania, shall be
subtracted from Corridor O. Such designated addition shall not affect
estimates of the cost to complete such system and such subtracted
segment may be included on a map of such system for purposes of
continuity only.
SEC. 1118. <<NOTE: 23 USC 101 note.>> NATIONAL CORRIDOR PLANNING AND
DEVELOPMENT PROGRAM.
(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;
[[Page 112 STAT. 162]]
(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.
[[Page 112 STAT. 163]]
SEC. 1119. COORDINATED BORDER INFRASTRUCTURE PROGRAM. <<NOTE: 23 USC 101
note. Canada. Mexico.>>
(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;
[[Page 112 STAT. 164]]
(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
SEC. 1201. DEFINITIONS.
Section 101(a) of title 23, United States Code, is amended to read
as follows:
``(a) Definitions.--In this title, the following definitions apply:
``(1) Apportionment.--The term `apportionment' includes
unexpended apportionments made under prior authorization laws.
``(2) Carpool project.--The term `carpool project' means any
project to encourage the use of carpools and vanpools, including
provision of carpooling opportunities to the elderly and
individuals with disabilities, systems for locating potential
riders and informing them of carpool opportunities, acquiring
vehicles for carpool use, designating existing highway lanes as
preferential carpool highway lanes, providing related traffic
control devices, and designating existing facilities for use for
preferential parking for carpools.
``(3) Construction.--The term `construction' means the
supervising, inspecting, actual building, and incurrence of all
costs incidental to the construction or reconstruction of a
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;
[[Page 112 STAT. 165]]
``(D) relocation assistance, acquisition of
replacement housing sites, and acquisition and
rehabilitation, relocation, and construction of
replacement housing;
``(E) elimination of hazards of railway grade
crossings;
``(F) elimination of roadside obstacles;
``(G) improvements that directly facilitate and
control traffic flow, such as grade separation of
intersections, widening of lanes, channelization of
traffic, traffic control systems, and passenger loading
and unloading areas; and
``(H) capital improvements that directly facilitate
an effective vehicle weight enforcement program, such as
scales (fixed and portable), scale pits, scale
installation, and scale houses.
``(4) County.--The term `county' includes corresponding
units of government under any other name in States that do not
have county organizations and, in those States in which the
county government does not have jurisdiction over 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
[[Page 112 STAT. 166]]
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.
[[Page 112 STAT. 167]]
``(22) Project agreement.--The term `project agreement'
means the formal instrument to be executed by the State
transportation department and the Secretary as required by
section 106.
``(23) Public authority.--The term `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
[[Page 112 STAT. 168]]
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.''.
SEC. 1202. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
(a) In General.--Section 217 of title 23, United States Code, is
amended--
(1) in subsection (b)--
(A) by inserting ``pedestrian walkways and'' after
``construction of''; and
(B) by striking ``(other than the Interstate
System)'';
(2) in subsection (e) by striking ``, other than a highway
access to which is fully controlled,'';
(3) by striking subsection (g) and inserting the following:
``(g) Planning and Design.--
``(1) In general.--Bicyclists and pedestrians shall be given
due consideration in the comprehensive transportation plans
developed by each metropolitan planning organization and State
in accordance with sections 134 and 135, respectively. Bicycle
transportation facilities and pedestrian walkways shall be
considered, where appropriate, in conjunction with all new
construction and reconstruction of transportation facilities,
except where bicycle and pedestrian use are not permitted.
[[Page 112 STAT. 169]]
``(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.-- <<NOTE: 23 USC 217 note.>>
(1) In general.--In implementing section 217(g) of title 23,
United States Code, the Secretary, in cooperation with the
American Association of State Highway and Transportation
Officials, the Institute of Transportation Engineers, and other
interested organizations, shall develop guidance on the various
approaches to accommodating bicycles and pedestrian travel.
(2) Issues to be addressed.--The guidance shall address
issues such as the level and nature of the demand, volume, and
speed of motor vehicle traffic, safety, terrain, cost, and sight
distance.
(3) Recommendations.--The guidance shall include
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:
[[Page 112 STAT. 170]]
``(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) <<NOTE: 23 USC 130.>> 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.-- <<NOTE: 23 USC
402 note.>>
(1) Development.--The Secretary is authorized to develop a
national bicycle safety education curriculum that may include
courses relating to on-road training.
(2) Report.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall transmit to Congress
a copy of the curriculum.
(3) Funding.--From amounts made available under section 210,
the Secretary may use not to exceed $500,000 for fiscal year
1999 to carry out this subsection.
SEC. 1203. METROPOLITAN PLANNING.
(a) General Requirements.--Section 134(a) of title 23, United States
Code, is amended to read as follows:
``(a) General Requirements.--
``(1) Findings.--It is in the national interest to encourage
and promote the safe and efficient management, operation, and
development of surface transportation systems that will serve
the mobility needs of people and freight and foster economic
growth and development within and through urbanized areas, while
minimizing transportation-related fuel consumption and air
pollution.
``(2) Development of plans and programs.--To accomplish the
objective stated in paragraph (1), metropolitan
planning organizations designated under subsection (b), in
cooperation with the State and public transit operators, shall
develop transportation plans and programs for urbanized areas of
the State.
``(3) Contents.--The plans and programs for each
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.
``(4) Process of development.--The process for developing
the plans and programs shall provide for consideration of all
modes of transportation and shall be continuing, cooperative,
and comprehensive to the degree appropriate, based on the
complexity of the transportation problems to be addressed.''.
(b) Designation of Metropolitan Planning Organizations.--
(1) In general.--Section 134(b) of such title is amended by
striking paragraphs (1) and (2) and inserting the following:
[[Page 112 STAT. 171]]
``(1) In general.--To carry out the transportation planning
process required by this section, a metropolitan planning
organization shall be designated for each urbanized area with a
population of more than 50,000 individuals--
``(A) by agreement between the Governor and units of
general purpose local government that together represent
at least 75 percent of the affected population
(including the central city or cities as defined by the
Bureau of the Census); or
``(B) in accordance with procedures established by
applicable State or local law.
``(2) Structure.--Each policy board of a metropolitan
planning organization that serves an area designated as a
transportation management area, when designated or redesignated
under this subsection, shall consist of--
``(A) local elected officials;
``(B) officials of public agencies that administer
or operate major modes of transportation in the
metropolitan area (including all transportation agencies
included in the metropolitan planning organization as of
June 1, 1991); and
``(C) appropriate State officials.''.
(2) Continuing designation.--Section 134(b)(4) of such title
is amended <<NOTE: 23 USC 134.>> to read as follows:
``(4) Continuing designation.--A designation of a
metropolitan planning organization under this subsection or any
other provision of law shall remain in effect until the
metropolitan planning organization is redesignated under
paragraph (5).''.
(3) Redesignation.--Section 134(b)(5)(A) of such title is
amended--
(A) by striking ``among'' and inserting ``between'';
and
(B) by striking ``which together'' and inserting
``that together''.
(4) Designation of more than 1 metropolitan planning
organization.--Section 134(b)(6) of such title is amended to
read as follows:
``(6) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning organization
may be designated within an existing metropolitan planning area
only if the Governor and the existing metropolitan planning
organization determine that the size and complexity of the
existing metropolitan planning area make designation of more
than 1 metropolitan planning organization for the area
appropriate.''.
(c) Metropolitan Planning Area Boundaries.--Section 134(c) of such
title is amended--
(1) in the subsection heading by inserting ``Planning''
before ``Area'';
(2) in the first sentence--
(A) by striking ``For the purposes'' and inserting
the following:
``(1) In general.--For the purposes''; and
(B) by inserting ``planning'' before ``area'';
(3) by striking the second sentence and all that follows and
inserting the following:
``(2) Included area.--Each metropolitan planning area--
[[Page 112 STAT. 172]]
``(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 Governor and affected metropolitan planning
organizations in the manner described in subsection (b)(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, the boundaries of the metropolitan planning
area--
``(A) shall be established in the manner described
in subsection (b)(1);
``(B) shall encompass the areas described in
paragraph (2)(A);
``(C) may encompass the areas described in paragraph
(2)(B); and
``(D) may address any nonattainment area identified
under the Clean Air Act (42 U.S.C. 7401 et seq.) for
ozone or carbon monoxide.''; and
(4) by aligning paragraph (1) (as designated by paragraph
(2)(A) of this subsection) with paragraphs (2) through (4) (as
inserted by paragraph (3) of this subsection).
(d) Coordination in Multistate Areas.--Section 134(d) of such title
is amended <<NOTE: 23 USC 134.>> to read as follows:
``(d) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a multistate
metropolitan area and the appropriate metropolitan planning
organizations to provide coordinated transportation planning for
the entire metropolitan area.
``(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
``(A) to enter into agreements or compacts, not in
conflict with any law of the United States, for
cooperative efforts and mutual assistance in support of
activities authorized under this section as the
activities pertain to interstate areas and localities
within the States; and
``(B) to establish such agencies, joint or
otherwise, as the States may determine desirable for
making the agreements and compacts effective.
``(3) Lake tahoe region.--
``(A) Definition.--In this paragraph, the term `Lake
Tahoe region' has the meaning given the term `region' in
subdivision (a) of article II of the Tahoe Regional
Planning Compact, as set forth in the first section of
Public Law 96-551 (94 Stat. 3234).
[[Page 112 STAT. 173]]
``(B) Transportation planning process.--The
Secretary shall--
``(i) establish with the Federal land
management agencies that have jurisdiction over
land in the Lake Tahoe region a transportation
planning process for the region; and
``(ii) coordinate the transportation planning
process with the planning process required of
State and local governments under this section,
section 135, and chapter 53 of title 49.
``(C) Interstate compact.--
<<NOTE: California. Nevada.>>
``(i) In general.--Subject to clause (ii),
notwithstanding subsection (b), to carry out the
transportation planning process required by this
section, the consent of Congress is granted to the
States of California and Nevada to designate a
metropolitan planning organization for the Lake
Tahoe region, by agreement between the Governors
of the States of California and Nevada and units
of general purpose local government that together
represent at least 75 percent of the affected
population (including the central city or cities
(as defined by the Bureau of the Census)), or in
accordance with procedures established by
applicable State or local law.
``(ii) Involvement of federal land management
agencies.--
``(I) Representation.--The policy
board of a metropolitan planning
organization designated under clause (i)
shall include a representative of each
Federal land management agency that has
jurisdiction over land in the Lake Tahoe
region.
``(II) Funding.--In addition to
funds made available to the metropolitan
planning organization under other
provisions of this title and under
chapter 53 of title 49, not more than 1
percent of the funds allocated under
section 202 may be used to carry out the
transportation planning process for the
Lake Tahoe region under this
subparagraph.
``(D) Activities.--Highway projects included in
transportation plans developed under this paragraph--
``(i) shall be selected for funding in a
manner that facilitates the participation of the
Federal land management agencies that have
jurisdiction over land in the Lake Tahoe region;
and
``(ii) may, in accordance with chapter 2, be
funded using funds allocated under section 202.
``(4) Recipients of other assistance.--The Secretary shall
encourage each metropolitan planning organization to coordinate,
to the maximum extent practicable, the design and delivery of
transportation services within the metropolitan planning area
that are provided--
``(A) by recipients of assistance under chapter 53
of title 49; and
``(B) by governmental agencies and nonprofit
organizations (including representatives of the agencies
and organizations) that receive Federal assistance from
a source
[[Page 112 STAT. 174]]
other than the Department of Transportation to provide
nonemergency transportation services.''.
(e) Coordination of MPOs.--Section 134(e) of such title is amended--
<<NOTE: 23 USC 134.>>
(1) in the subsection heading by striking ``MPO's'' and
inserting ``MPOs'';
(2) by striking ``If'' and inserting the following:
``(1) Nonattainment areas.--If'';
(3) by adding at the end the following:
``(2) Project located in multiple mpos.--If a project is
located within the boundaries of more than 1 metropolitan
planning organization, the metropolitan planning organizations
shall coordinate plans regarding the project.''; and
(4) by aligning paragraph (1) (as designated by paragraph
(2) of this subsection) with paragraph (2) (as added by
paragraph (3) of this subsection).
(f) Scope of Planning Process.--Section 134(f) of such title is
amended to read as follows:
``(f) Scope of Planning Process.--
``(1) In general.--The metropolitan transportation 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.''.
(g) Long-Range Transportation Plan.--Section 134(g) of such title is
amended--
(1) in paragraph (2) by striking ``, at a minimum'' and
inserting ``contain, at a minimum, the following'';
(2) in paragraph (2)(A) by striking ``Identify'' and
inserting ``An identification of''; and
(3) by striking paragraph (2)(B) and inserting the
following:
``(B) A financial plan that demonstrates how the
adopted long-range transportation plan can be
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
[[Page 112 STAT. 175]]
plan may include, for illustrative purposes, additional
projects that would be included in the adopted long-
range transportation plan if reasonable additional
resources beyond those identified in the financial plan
were available. For the purpose of developing the long-
range transportation plan, the metropolitan planning
organization and State shall cooperatively develop
estimates of funds that will be available to support
plan implementation.'';
(4) in paragraph (4)--
(A) by inserting after ``employees,'' the following:
``freight shippers, providers of freight transportation
services,''; and
(B) by inserting after ``private providers of
transportation,'' the following: ``representatives of
users of public transit,'';
(5) by adding at the end the following:
``(6) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(B), a State or metropolitan
planning organization shall not be required to select any
project from the illustrative list of additional projects
included in the financial plan under paragraph (2)(B).'';
(6) in the subsection heading by striking ``Long Range
Plan'' and inserting ``Long-Range Transportation Plan'';
(7) in the headings for paragraphs (2) and (5) by striking
``long range plan'' and inserting ``long-range transportation
plan''; and
(8) by striking ``long range plan'' each place it appears
and inserting ``long-range transportation plan''.
(h) Metropolitan Transportation Improvement Program.--Section 134(h)
of such title is amended <<NOTE: 23 USC 134.>> to read as follows:
``(h) Metropolitan Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--In cooperation with the State and
any affected public transit operator, the metropolitan
planning organization designated for a metropolitan area
shall develop a transportation improvement program for
the area for which the organization is designated.
``(B) Opportunity for comment.--In developing the
program, the metropolitan planning organization, in
cooperation with the State and any affected public
transit operator, shall provide citizens, affected
public agencies, representatives of transportation
agency employees, freight shippers, providers of freight
transportation services, private providers of
transportation, representatives of users of public
transit, and other interested parties with a reasonable
opportunity to comment on the proposed program.
``(C) Funding estimates.--For the purpose of
developing the transportation improvement program, the
metropolitan planning organization, public transit
agency, and State shall cooperatively develop estimates
of funds that are reasonably expected to be available to
support program implementation.
``(D) Updating and approval.--The program shall be
updated at least once every 2 years and shall be
approved by the metropolitan planning organization and
the Governor.
[[Page 112 STAT. 176]]
``(2) Contents.--The transportation improvement program
shall include--
``(A) a priority list of proposed federally
supported projects and strategies to be carried out
within each 3-year period after the initial adoption of
the transportation improvement program; and
``(B) a financial plan that--
``(i) demonstrates how the transportation
improvement program can be implemented;
``(ii) indicates resources from public and
private sources that are reasonably expected to be
available to carry out the program;
``(iii) identifies innovative financing
techniques to finance projects, programs, and
strategies; and
``(iv) may include, for illustrative purposes,
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.
``(3) Included projects.--
``(A) Projects under this chapter and chapter 53 of
title 49.--A transportation improvement program
developed under this subsection for a metropolitan area
shall include the projects and strategies within the
area that are proposed for funding under this chapter
and chapter 53 of title 49.
``(B) Projects under chapter 2.--
``(i) Regionally significant projects.--
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 consistent with the long-
range transportation plan developed under subsection (g)
for the area.
``(D) Requirement of anticipated full funding.--The
program shall include a project, or an identified phase
of a project, only if full funding can reasonably be
anticipated to be available for the project within the
time period contemplated for completion of the project.
``(4) Notice and comment.--Before approving a transportation
improvement program, a metropolitan planning organization shall,
in cooperation with the State and any affected public transit
operator, provide citizens, affected public agencies,
representatives of transportation agency employees, freight
shippers, providers of freight transportation services, private
providers of transportation, representatives of users of public
transit, and other interested parties with reasonable notice of
and an opportunity to comment on the proposed program.
``(5) Selection of projects.--
``(A) In general.--Except as otherwise provided in
subsection (i)(4) and in addition to the transportation
[[Page 112 STAT. 177]]
improvement program development required under paragraph
(1), the selection of federally funded projects for
implementation in metropolitan areas shall be carried
out, from the approved transportation improvement
program--
``(i) by--
``(I) in the case of projects under
this chapter, the State; and
``(II) in the case of projects under
chapter 53 of title 49, the designated
transit funding recipients; and
``(ii) in cooperation with the metropolitan
planning organization.
``(B) 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 transportation improvement
program in place of another project in the program.
``(6) Selection of projects from illustrative list.--
``(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or metropolitan planning
organization shall not be required to select any project
from the illustrative list of additional projects
included in the financial plan under paragraph
(2)(B)(iv).
``(B) Required action by the secretary.--Action by
the Secretary shall be required for a State or
metropolitan planning organization to select any project
from the illustrative list of additional projects
included in the financial plan under paragraph
(2)(B)(iv) for inclusion in an approved transportation
improvement program.
``(7) Publication.--
``(A) Publication of transportation improvement
programs.--A transportation improvement program
involving Government participation shall be published or
otherwise made readily available by the metropolitan
planning organization for public review.
``(B) Publication of annual listings of projects.--
An annual listing of projects for which Federal funds
have been obligated in the preceding year shall be
published or otherwise made available by the
metropolitan planning organization for public review.
The listing shall be consistent with the categories
identified in the transportation improvement program.''.
(i) Transportation Management Areas.--
(1) <<NOTE: 23 USC 134.>> Required designations.--Section
134(i)(1) of such title is amended to read as follows:
``(1) Designation.--
``(A) Required designations.--The Secretary shall
designate as a transportation management area each
urbanized area with a population of over 200,000
individuals.
``(B) Designations on request.--The Secretary shall
designate any additional area as a transportation
management area on the request of the Governor and the
metropolitan planning organization designated for the
area.''.
(2) Selection of projects.--Section 134(i)(4) of such title
is amended to read as follows:
``(4) Selection of projects.--
[[Page 112 STAT. 178]]
``(A) In general.--All federally funded projects
carried out within the boundaries of a transportation
management area under this title (excluding projects
carried out on the National Highway System and projects
carried out under the bridge program or the Interstate
maintenance program) or under chapter 53 of title 49
shall be selected for implementation from the approved
transportation improvement program by the metropolitan
planning organization designated for the area in
consultation with the State and any affected public
transit operator.
``(B) National highway system projects.--Projects
carried out within the boundaries of a transportation
management area on the National Highway System and
projects carried out within such boundaries under the
bridge program or the Interstate maintenance program
shall be selected for implementation from the approved
transportation improvement program by the State in
cooperation with the metropolitan planning organization
designated for the area.''.
(3) Certification.--Section 134(i)(5) of such
title <<NOTE: 23 USC 134.>> is
amended to read as follows:
``(5) Certification.--
``(A) In general.--The Secretary shall--
``(i) ensure that the metropolitan planning
process in each transportation management area is
being carried out in accordance with applicable
provisions of Federal law; and
``(ii) subject to subparagraph (B), certify,
not less often than once every 3 years, that the
requirements of this paragraph are met with
respect to the transportation management area.
``(B) Requirements for certification.--The Secretary
may make the certification under subparagraph (A) if--
``(i) the transportation planning process
complies with the requirements of this section and
other applicable requirements of Federal law; and
``(ii) there is a transportation improvement
program for the area that has been approved by the
metropolitan planning organization and the
Governor.
``(C) Effect of failure to certify.--
``(i) Withholding of funds.--If a metropolitan
planning process is not certified, the Secretary
may withhold up to 20 percent of the apportioned
funds attributable to the transportation
management area under this title and chapter 53 of
title 49.
``(ii) Restoration of withheld funds.--The
withheld apportionments shall be restored to the
metropolitan area at such time as the metropolitan
planning organization is certified by the
Secretary.
``(iii) Feasibility of private enterprise
participation.--The Secretary shall not withhold
certification under this paragraph based on the
policies and criteria established by a
metropolitan planning organization or transit
grant recipient for determining the feasibility of
private enterprise participation in accordance
with section 5306(a) of title 49.
[[Page 112 STAT. 179]]
``(D) Review of certification.--In making
certification determinations under this paragraph, the
Secretary shall provide for public involvement
appropriate to the metropolitan area under review.''.
(j) Abbreviated Plans and Programs for Certain Areas.--Section
134(j) of such title is amended to read as follows:
``(j) Abbreviated Plans and Programs for Certain Areas.--
``(1) In general.--Subject to paragraph (2), in the case of
a metropolitan area not designated as a transportation
management area under this section, the Secretary may provide
for the development of an abbreviated long-range transportation
plan and transportation improvement program for the metropolitan
area that the Secretary determines is appropriate to achieve the
purposes of this section, taking into account the complexity of
transportation problems in the area.
``(2) Nonattainment areas.--The Secretary may not permit
abbreviated plans or programs for a metropolitan area that is in
nonattainment for ozone or carbon monoxide under the Clean Air
Act (42 U.S.C. 7401 et seq.).''.
(k) Additional Requirements for Certain Nonattainment Areas.--
Section 134(l) of such title is amended-- <<NOTE: 23 USC 134.>>
(1) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding''; and
(2) by adding at the end the following:
``(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning area
boundaries determined under subsection (c).''.
(l) Funding.--Section 134(n) of such title is amended to read as
follows:
``(n) Funding.--
``(1) In general.--Funds set aside under section 104(f) of
this title to carry out sections 5303 through 5305 of title 49
shall be available to carry out this section.
``(2) Unused funds.--Any funds that are not used to carry
out this section may be made available by the metropolitan
planning organization to the State to fund activities under
section 135.''.
(m) Continuation of Current Review Practice.--Section 134 of such
title is amended by adding at the end the following:
``(o) Continuation of Current Review Practice.--Since plans and
programs described in this section are subject to a 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.).''.
(n) Technical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
134 and inserting the following:
``134. Metropolitan planning.''.
[[Page 112 STAT. 180]]
SEC. 1204. STATEWIDE PLANNING.
(a) General Requirements.--Section 135(a) of title 23, United States
Code, is amended to read as follows:
``(a) General Requirements.--
``(1) Findings.--It is in the national interest to encourage
and promote the safe and efficient management, operation, and
development of surface transportation systems that will serve
the mobility needs of people and freight and foster 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 chap-
ter 5 of title 5, or chapter 7 of title 5 in any matter
affecting
[[Page 112 STAT. 181]]
a transportation plan, a transportation improvement plan, a
project or strategy, or the certification of a planning
process.''.
(d) <<NOTE: 23 USC 135.>> 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
[[Page 112 STAT. 182]]
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 <<NOTE: 23 USC 135.>> 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
[[Page 112 STAT. 183]]
or identified individually in the transportation
improvement program.
``(C) Consistency with long-range transportation
plan.--Each project shall be--
``(i) consistent with the long-range
transportation plan developed under this section
for the State;
``(ii) identical to the project as described
in an approved metropolitan transportation
improvement program; and
``(iii) in conformance with the applicable
State air quality implementation plan developed
under the Clean Air Act (42 U.S.C. 7401 et seq.),
if the project is carried out in an area
designated as nonattainment for ozone or carbon
monoxide under such Act.
``(D) Requirement of anticipated full funding.--The
program shall include a project, or an identified phase
of a project, only if full funding can reasonably be
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.
[[Page 112 STAT. 184]]
``(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 <<NOTE: 23 USC 135.>> 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.-- <<NOTE: 23 USC 135
note.>>
(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.
SEC. 1205. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.
(a) Contracting Procedures.--Section 112(b)(2) of title 23, United
States Code, is amended in clauses (i) and (ii) of 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
[[Page 112 STAT. 185]]
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.''.
SEC. 1206. ACCESS OF MOTORCYCLES.
Section 102 of title 23, United States Code, is amended by
redesignating subsection (b) as subsection (c) and by inserting after
subsection (a) the following:
``(b) Access of Motorcycles.--No State or political subdivision of a
State may enact or enforce a law that applies only to 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.''.
SEC. 1207. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
(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.-- <<NOTE: 23 USC 129 note.>>
(1) In general.--The Secretary shall conduct a study of
ferry transportation in the United States and its possessions--
(A) to identify existing ferry operations,
including--
(i) the locations and routes served; and
[[Page 112 STAT. 186]]
(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.
SEC. 1208. TRAINING.
(a) Training Positions for Welfare Recipients.--Section 140(a) of
title 23, United States Code, is amended by inserting after the third
sentence the following: ``In implementing such 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)''.
SEC. 1209. USE OF HOV LANES BY INHERENTLY LOW-EMISSION VEHICLES.
Section 102(a) of title 23, United States Code, is amended--
(1) by striking ``A State'' and inserting the following:
``(1) In general.--A State'';
(2) by adding at the end the following:
``(2) Exception for inherently low-emission vehicles.--
Notwithstanding paragraph (1), before September 30, 2003, a
State may permit a vehicle with fewer than 2 occupants to
operate in high occupancy vehicle lanes if the vehicle is
certified as an Inherently Low-Emission Vehicle pursuant to
title 40, Code of Federal Regulations, and is labeled in
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).
[[Page 112 STAT. 187]]
SEC. <<NOTE: 23 USC 135 note.>> 1210. ADVANCED TRAVEL FORECASTING
PROCEDURES PROGRAM.
(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.
[[Page 112 STAT. 188]]
SEC. 1211. AMENDMENTS TO PRIOR SURFACE TRANSPORTATION LAWS.
(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.) <<NOTE: 105 Stat.
2008.>> 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. <<NOTE: 40 USC
819a.>>
``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.-- <<NOTE: 23 USC 108 note.>>
(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
[[Page 112 STAT. 189]]
actual construction is commenced, or upon approval by
the Secretary of the plans, specifications, and
estimates for the actual construction of the project on
the right-of-way, whichever occurs first--
(i) the Highway Trust Fund (other than the
Mass Transit Account) shall be credited with an
amount equal to the Federal share of the funds
advanced, as provided in section 120 of title 23,
United States Code, out of any Federal-aid highway
funds 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--
[[Page 112 STAT. 190]]
``(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 Pennsylva-
nia.
[[Page 112 STAT. 191]]
``(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-- <<NOTE: 105 Stat.
2031.>>
(A) by inserting after ``referred to'' the first
place it appears the following: ``in subsection
(c)(1),'';
(B) by striking ``and'' the second place it appears;
and
(C) by inserting after ``(c)(20)'' the following:
``, in 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).
[[Page 112 STAT. 192]]
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) <<NOTE: 49
USC 31136 note.>> 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) <<NOTE: Reports.>> 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)--
[[Page 112 STAT. 193]]
(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.''.
SEC. 1212. MISCELLANEOUS.
(a) State Transportation Department.--
(1) In general.--Section 302 of title 23, United States
Code, is amended--
(A) in subsection (a) by striking the second
sentence; and
(B) by striking subsection (b) and inserting the
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) <<NOTE: 23 USC 102 et seq.>> by striking
``State highway department'' each place it appears
and inserting ``State transportation department'';
and
(ii) <<NOTE: 23 USC 104 et seq.>> 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
[[Page 112 STAT. 194]]
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 <<NOTE: Colorado.>> 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 <<NOTE: Louisiana.>>
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 <<NOTE: New Hampshire.>> 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 <<NOTE: Maine.>> 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.--
[[Page 112 STAT. 195]]
(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.--
[[Page 112 STAT. 196]]
(1) <<NOTE: Pennsylvania.>> 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) <<NOTE: West Virginia.>> 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.-- <<NOTE: 23 USC 402
note.>>
(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.
[[Page 112 STAT. 197]]
(D) Authorization of appropriations.--There is
authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out
this subsection $500,000 for each of fiscal years 1998
through 2003.
(E) Applicability of title 23.--Funds authorized by
this subsection shall be available for obligation in the
same manner as if such funds were apportioned under
chapter 1 of title 23, United States Code, except that
the funds shall remain available until expended.
(p) Heavy Equipment Operator Training Facility.--
(1) Establishment.--The Secretary shall establish a heavy
equipment operator training facility in Hibbing, Minnesota. The
purpose of the facility shall be to develop an appropriate
curriculum for training, and to train operators and future
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) <<NOTE: Pennsylvania.>> 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.
[[Page 112 STAT. 198]]
(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 <<NOTE: Effective date.>> Area.--
Effective January 1, 1999, section 4 of the Act of October 21, 1978
(Public Law 95-495) is amended-- <<NOTE: 92 Stat. 1650.>>
(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.
[[Page 112 STAT. 199]]
(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) <<NOTE: Pennsylvania.>> Nittany Parkway.--The Secretary shall
designate 31 miles of Pennsylvania State Route 26 between Huntingdon,
Pennsylvania, and State College, Pennsylvania, as the Nittany Parkway.
SEC. 1213. STUDIES AND REPORTS.
(a) <<NOTE: 23 USC 101 note.>> 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.--
[[Page 112 STAT. 200]]
(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.-- <<NOTE: 23 USC 109 note.>>
(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) <<NOTE: 23 USC 401 note.>> 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) <<NOTE: 23 USC 101 note.>> 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;
[[Page 112 STAT. 201]]
(F) the American Commissioner on the International
Boundary Commission, United States and Mexico;
(G) State agencies responsible for transportation
and law enforcement in border States; and
(H) municipal governments and transportation
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) <<NOTE: 23 USC 123 note.>> 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.-- <<NOTE: 23 USC 127 note.>>
[[Page 112 STAT. 202]]
(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) <<NOTE: 23 USC 131 note.>> 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) <<NOTE: 23 USC 127 note.>> 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) <<NOTE: 23 USC 127 note.>> 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
[[Page 112 STAT. 203]]
in paragraph (1) on the economy, the environment, safety, and
service to communities.
(3) Consultation.--In carrying out the study, the Board
shall consult with the Department of Transportation, States, the
motor carrier industry, freight shippers, highway safety groups,
air quality and natural resource management groups, commercial
motor vehicle driver representatives, and other appropriate
entities.
(4) Report.--Not later than 2 years after the date of
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) <<NOTE: Contracts. Oklahoma.>> 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.
[[Page 112 STAT. 204]]
SEC. 1214. FEDERAL ACTIVITIES.
(a) <<NOTE: District of Columbia. 20 USC 76j note.>> 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.-- <<NOTE: 20 USC
50 note.>>
(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.
[[Page 112 STAT. 205]]
(c) <<NOTE: West Virginia. 16 USC 460m-29a note.>> 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) <<NOTE: 23 USC 202 note.>> 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
[[Page 112 STAT. 206]]
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) <<NOTE: 16 USC 668dd note.>> 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) <<NOTE: 16 USC 668dd note.>> 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
[[Page 112 STAT. 207]]
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.-- <<NOTE: 16 USC 668dd note.>>
(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) <<NOTE: 16 USC 668dd note.>> 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.-- <<NOTE: 16 USC 668dd note.>>
(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.
[[Page 112 STAT. 208]]
(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
[[Page 112 STAT. 209]]
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) <<NOTE: Idaho.>> 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.
SEC. 1215. DESIGNATED TRANSPORTATION ENHANCEMENT ACTIVITIES.
(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.-- <<NOTE: Minnesota.>>
(1) Establishment.--The Secretary shall allocate funds made
available to carry out this subsection to establish a center for
national scenic byways in Duluth, Minnesota, to provide
technical communications and network support for nationally
[[Page 112 STAT. 210]]
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.-- <<NOTE: West Virginia.>>
(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.
[[Page 112 STAT. 211]]
(2) Applicability of title 23.--Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under 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.
SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS.
(a) Value Pricing Pilot Program.--
(1) In general.--Section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105
Stat. 1938) is amended--
(A) in the subsection heading by striking
``Congestion'' and inserting ``Value'';
(B) in paragraph (1)--
(i) by striking ``congestion'' each place it
appears and inserting ``value''; and
(ii) by striking ``projects'' each place it
appears and inserting ``programs''; and
(C) in paragraph (5)--
(i) by striking ``projects'' and inserting
``programs''; and
(ii) by striking ``traffic, volume'' and
inserting ``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:
[[Page 112 STAT. 212]]
``(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) <<NOTE: 23 USC 149 note.>> 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) <<NOTE: 23 USC 129 note.>> 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
[[Page 112 STAT. 213]]
otherwise be adequately maintained or functionally improved
without the collection of tolls.
(2) Limitation on number of facilities.--The Secretary may
permit the collection of tolls under this subsection on 3
facilities on the Interstate System. Each of such facilities
shall be located in a different State.
(3) Eligibility.--To be eligible to participate in the pilot
program, a State shall submit to the Secretary an application
that contains, at a minimum, the following:
(A) An 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.
[[Page 112 STAT. 214]]
(5) <<NOTE: Contracts.>> 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.
SEC. 1217. ELIGIBILITY.
(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.
[[Page 112 STAT. 215]]
(d) Connecticut.--In fiscal year 1998, the State of Connecticut may
transfer any funds remaining available for obligation under section
104(b)(4) of title 23, United States Code, as in effect on the day
before the date of the enactment of this Act, for construction of the
Interstate System to any other program eligible for assistance under
chapter 1 of such title. Before making any distribution of the
obligation limitation under section 1102(c)(6) of this Act, the
Secretary shall make available to the State of Connecticut sufficient
obligation authority under section 1102(c) of this Act to obligate funds
available for transfer under this subsection.
(e) International Bridge, Sault Ste. Marie, Michigan.--The
International Bridge Authority, or its successor organization, shall be
permitted to continue collecting tolls for maintenance of, operation of,
capital improvements to, and future expansions to the International
Bridge, Sault Ste. Marie, Michigan, and its approaches, plaza areas, and
associated structures.
(f) Information Services.--A food business that would 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.-- <<NOTE: Georgia.>>
(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
[[Page 112 STAT. 216]]
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.
SEC. 1218. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT
PROGRAM.
(a) In General.--Chapter 3 of title 23, United States Code, is
amended by inserting after section 321 the following:
``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.--
[[Page 112 STAT. 217]]
``(1) In general.--The Secretary shall make available
financial assistance to pay the Federal share of full project
costs of eligible projects selected under this section.
Financial assistance made available under this section and
projects assisted with the assistance shall be subject to
section 5333(a) of title 49, United States Code.
``(2) Federal share.--The Federal share of full project
costs under paragraph (1) shall be not more than \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;
[[Page 112 STAT. 218]]
``(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).
[[Page 112 STAT. 219]]
``(B) Noncontract authority authorization of
appropriations.--
``(i) In general.--There are authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) to carry out this
section $200,000,000 for each of fiscal years 2000
and 2001, $250,000,000 for fiscal year 2002, and
$300,000,000 for fiscal year 2003.
``(ii) Availability.--Notwithstanding section
118(a), funds made available under clause (i)
shall not be available in advance of an annual
appropriation.
``(2) Availability of funds.--Funds made available under
paragraph (1) shall remain available until expended.
``(3) Other federal funds.--Notwithstanding any other
provision of law, funds made available to a State to carry out
the surface transportation program under section 133 and the
congestion mitigation and air quality improvement program under
section 149 may be used by the State to pay a portion of the
full project costs of an eligible project selected under this
section, without requirement for non-Federal funds.
``(4) Other assistance.--Notwithstanding any other 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.''.
SEC. 1219. NATIONAL SCENIC BYWAYS PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``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.
[[Page 112 STAT. 220]]
``(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
[[Page 112 STAT. 221]]
land management agency may use funds authorized for use by the agency as
the non-Federal share.''.
(b) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by adding at the end the following:
``162. National scenic byways program.''.
SEC. 1220. ELIMINATION OF REGIONAL OFFICE RESPONSIBILITIES. <<NOTE: 49
USC 104 note.>>
(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.
SEC. 1221. <<NOTE: 23 USC 101 note.>> TRANSPORTATION AND COMMUNITY AND
SYSTEM PRESERVATION PILOT PROGRAM.
(a) Establishment.--In cooperation with appropriate State, regional,
and local governments, the Secretary shall establish a comprehensive
initiative to investigate and address the 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
[[Page 112 STAT. 222]]
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;
[[Page 112 STAT. 223]]
(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.
SEC. 1222. ADDITIONS TO APPALACHIAN REGION.
(a) In General.--Section 403 of the Appalachian Regional Development
Act of 1965 (40 U.S.C. App.) is amended-- <<NOTE: 40 USC app. 403.>>
(1) in the undesignated paragraph relating to Alabama--
(A) by inserting ``Hale,'' after ``Franklin,''; and
(B) by inserting ``Macon,'' after ``Limestone,'';
(2) in the undesignated paragraph relating to Georgia--
(A) by inserting ``Elbert,'' after ``Douglas,''; and
(B) by inserting ``Hart,'' after ``Haralson,'';
(3) in the undesignated paragraph relating to Mississippi by
striking ``and Winston'' and inserting ``Winston, and
Yalobusha''; and
[[Page 112 STAT. 224]]
(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 <<NOTE: 40 USC
app. 405 and note.>> is
amended by striking ``section 201'' and inserting ``sections 201 and
403''. This amendment ensures that section 403 is still in effect.
SEC. 1223. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES. <<NOTE: 23 USC
101 note.>>
(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.
[[Page 112 STAT. 225]]
(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
SEC. 1301. REAL PROPERTY ACQUISITION AND CORRIDOR PRESERVATION.
(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;
[[Page 112 STAT. 226]]
``(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 <<NOTE: 23 USC 323.>> 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.''.
SEC. 1302. PAYMENTS TO STATES FOR CONSTRUCTION.
Section 121 of title 23, United States Code, is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--The Secretary, from time to time as the work
progresses, may make payments to a State for costs of construction
incurred by the State on a project. Such payments may also be made for
the value of the materials--
``(1) that have been stockpiled in the vicinity of the
construction in conformity to plans and specifications for the
projects; and
``(2) that are not in the vicinity of the construction if
the Secretary determines that because of required fabrication at
[[Page 112 STAT. 227]]
an off-site location the material cannot be stockpiled in such
vicinity.
``(b) Project Agreement.--No payment shall be made under this
chapter except for a project covered by a project agreement. After
completion of the project in accordance with the project 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).
SEC. 1303. PROCEEDS FROM THE SALE OR LEASE OF REAL PROPERTY.
(a) In General.--Section 156 of title 23, United States Code, is
amended to read as follows:
``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.''.
SEC. 1304. ENGINEERING COST REIMBURSEMENT.
Section 102(b) of title 23, United States Code, is amended in the
first sentence by inserting after ``10 years'' the following: ``(or such
longer period as the State requests and the Secretary determines to be
reasonable)''.
SEC. 1305. PROJECT APPROVAL AND OVERSIGHT.
(a) In General.--Section 106 of title 23, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``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.
[[Page 112 STAT. 228]]
``(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
[[Page 112 STAT. 229]]
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 <<NOTE: 23 USC 106.>> 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.''.
SEC. 1306. STANDARDS.
(a) Elimination of Guidelines and Annual Certification
Requirements.--Section 109 of title 23, United States Code, is amended--
(1) by striking subsection (m); and
(2) by redesignating subsections (n) through (q) as
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.''.
SEC. 1307. DESIGN-BUILD CONTRACTING.
(a) Authority.--Section 112(b) of title 23, United States Code, is
amended--
[[Page 112 STAT. 230]]
(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-- <<NOTE: 23 USC 112.>>
(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.-- <<NOTE: 23 USC 112 note.>>
(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
[[Page 112 STAT. 231]]
or local transportation agency of design-build
contracting; and
(B) establish the procedures to be followed by a
State transportation department or local transportation
agency for obtaining the Secretary's approval of the use
of design-build contracting by the department or agency.
(d) <<NOTE: 23 USC 112 note.>> 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.-- <<NOTE: 23 USC 112 note.>>
(1) In general.--The amendments made by this section take
effect 3 years after the date of enactment of this Act.
(2) Transition provision.--
(A) In general.--During the period before issuance
of the regulations under subsection (c), the Secretary
may approve, in accordance with an experimental program
described in subsection (d), design-build contracts to
be awarded using any process permitted by applicable
State and local law; except that final design under any
such contract shall not commence before compliance with
section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332).
(B) Previously awarded contracts.--The Secretary may
approve design-build contracts awarded before the date
of enactment of this Act.
(C) Design-build contract defined.--In this
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.-- <<NOTE: 23 USC 112 note.>>
(1) In general.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report on the effectiveness of design-build contracting
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.
SEC. 1308. MAJOR INVESTMENT STUDY INTEGRATION.
The Secretary shall eliminate the major investment study set forth
in section 450.318 of title 23, Code of Federal Regulations, as a
separate requirement, and promulgate regulations to integrate
[[Page 112 STAT. 232]]
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.
SEC. 1309. ENVIRONMENTAL STREAMLINING. <<NOTE: 23 USC 109 note.>>
(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.
[[Page 112 STAT. 233]]
(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
[[Page 112 STAT. 234]]
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.
SEC. 1310. UNIFORM TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by inserting after section 109 the following:
``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
[[Page 112 STAT. 235]]
other apportionment of such State under section 104 or 144 for such
fiscal year.
``(b) Application to Certain Set-Asides.--No funds may be
transferred under this section that are subject to the last sentence of
section 133(d)(1) or to section 104(f) or to section 133(d)(3). The
maximum amount that a State may transfer under this section of the
State's set-aside under section 133(d)(1) or 133(d)(2) for a fiscal year
may not exceed 25 percent of (1) the amount of such set-aside, less (2)
the amount of the State's set-aside under such section for fiscal year
1997.
``(c) Application to Certain 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
SEC. 1401. HAZARD ELIMINATION PROGRAM.
Section 152 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a) Each'' and inserting the
following:
``(a) In General.--
``(1) Program.--Each'';
(B) by inserting ``, bicyclists,'' after
``motorists'';
(C) by adding at the end the following:
``(2) Hazards.--In carrying out paragraph (1), a State may,
at its discretion--
``(A) identify, through a survey, hazards to
motorists, bicyclists, pedestrians, and users of highway
facilities; and
``(B) develop and implement projects and programs to
address the hazards.''; and
(D) by aligning the remainder of the text of
paragraph (1) (as designated by subparagraph (A) of this
paragraph) with paragraph (2) of such subsection (as
added by 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)--
[[Page 112 STAT. 236]]
(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''.
SEC. 1402. ROADSIDE SAFETY TECHNOLOGIES. <<NOTE: Regulations. 23 USC 109
note.>>
(a) Crash Cushions.--
(1) Guidance.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue guidance
regarding the benefits and safety performance of redirective and
nonredirective crash cushions in different road applications,
taking into consideration roadway conditions, operating speed
limits, the location of the crash cushion in the right-of-way,
and any other relevant factors. The guidance shall include
recommendations on the most appropriate circumstances for
utilization of redirective and nonredirective crash cushions.
(2) Use of guidance.--States shall use the guidance issued
under this subsection in evaluating the safety and cost-
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.
[[Page 112 STAT. 237]]
(3) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to Congress a
report on the results of the study. The report shall include
findings and recommendations for the use of the technologies
referred to in paragraph (2) to provide positive separation on
appropriate projects.
SEC. 1403. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by striking section 157 and inserting the following:
``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
[[Page 112 STAT. 238]]
``(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
[[Page 112 STAT. 239]]
``(B) submit the plan to the Secretary not later
than March 1 of the fiscal year.
``(3) Plan selection.--
``(A) Criteria.--Not later than December 1, 1998,
the Secretary shall establish criteria for the selection
of State plans for allocations under this subsection.
``(B) Selection.--The Secretary shall select State
plans for allocations under this subsection in
accordance with the criteria established under
subparagraph (A).
``(C) States.--In carrying out this paragraph, the
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
[[Page 112 STAT. 240]]
``(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) <<NOTE: 23 USC 157 note.>> Savings Clause.--The amendment made
by subsection (a) shall not affect any funds apportioned or allocated
before the date of enactment of this Act.
SEC. 1404. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR VEHICLES BY
INTOXICATED PERSONS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``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.''.
[[Page 112 STAT. 241]]
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``Sec. 163. Safety incentives to prevent operation of motor vehicles by
intoxicated persons.''.
Subtitle E--Finance
CHAPTER 1--TRANSPORTATION INFRASTRUCTURE <<NOTE: Transportation
Infrastructure Finance and Innovation Act of 1998. Grants. Inter-
governmental relations. Loans.>> FINANCE AND INNOVATION
SEC. 1501. SHORT TITLE. <<NOTE: 23 USC 101 note.>>
This chapter may be cited as the ``Transportation Infrastructure
Finance and Innovation Act of 1998''.
SEC. 1502. FINDINGS. <<NOTE: 23 USC 181 note.>>
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.
SEC. 1503. ESTABLISHMENT OF PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER II--INFRASTRUCTURE FINANCE
``Sec. 181. Definitions
``In this subchapter, the following definitions apply:
``(1) Eligible project costs.--The term `eligible project
costs' means amounts substantially all of which are paid by, or
for the account of, an obligor in connection with a project,
including the cost of--
``(A) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental review, permitting, preliminary
engineering and design work, and other preconstruction
activities;
``(B) construction, reconstruction, rehabilitation,
replacement, and acquisition of real property (including
land related to the project and improvements to land),
[[Page 112 STAT. 242]]
environmental mitigation, construction contingencies,
and acquisition of equipment; and
``(C) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during
construction.
``(2) Federal credit instrument.--The term `Federal credit
instrument' means a secured loan, loan guarantee, or line of
credit authorized to be made available under this subchapter
with respect to a project.
``(3) Investment-grade rating.--The term `investment-grade
rating' means a rating category of BBB minus, Baa3, or higher
assigned by a rating agency to project obligations offered into
the capital markets.
``(4) Lender.--The term `lender' means any non-Federal
qualified institutional buyer (as defined in section 230.144A(a)
of title 17, Code of Federal Regulations (or any successor
regulation), known as Rule 144A(a) of the Securities and
Exchange Commission and issued under the Securities Act of 1933
(15 U.S.C. 77a et seq.)), including--
``(A) a qualified retirement plan (as defined in
section 4974(c) of the Internal Revenue Code of 1986)
that is a qualified institutional buyer; and
``(B) a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986) that is a
qualified institutional buyer.
``(5) Line of credit.--The term `line of credit' means an
agreement entered into by the Secretary with an obligor under
section 184 to provide a direct loan at a future date upon the
occurrence of certain events.
``(6) Loan guarantee.--The term `loan guarantee' means any
guarantee or other pledge by the Secretary to pay all or part of
the principal of and interest on a loan or other debt obligation
issued by an obligor and funded by a lender.
``(7) Local servicer.--The term `local servicer' means--
``(A) a State infrastructure bank established under
this title; or
``(B) a State or local government or any agency of a
State or local government that is responsible for
servicing a Federal credit instrument on behalf of the
Secretary.
``(8) Obligor.--The term `obligor' means a party primarily
liable for payment of the principal of or interest on a Federal
credit instrument, which party may be a corporation,
partnership, joint venture, trust, or governmental entity,
agency, or instrumentality.
``(9) Project.--The term `project' means--
``(A) any surface transportation project eligible
for Federal assistance under this title or chapter 53 of
title 49;
``(B) a project for an international bridge or
tunnel for which an international entity authorized
under Federal or State law is responsible.
``(C) a project for intercity passenger bus or rail
facilities and vehicles, including facilities and
vehicles owned by the National Railroad Passenger
Corporation and components of magnetic levitation
transportation systems; and
[[Page 112 STAT. 243]]
``(D) a project for publicly owned intermodal
surface freight transfer facilities, other than seaports
and airports, if the facilities are located on or
adjacent to National Highway System routes or
connections to the National Highway System.
``(10) Project obligation.--The term `project obligation'
means any note, bond, debenture, or other debt obligation issued
by an obligor in connection with the financing of a project,
other than a Federal credit instrument.
``(11) Rating agency.--The term `rating agency' means a bond
rating agency identified by the Securities and Exchange
Commission as a Nationally Recognized Statistical Rating
Organization.
``(12) Secured loan.--The term `secured loan' means a direct
loan or other debt obligation issued by an obligor and funded by
the Secretary in connection with the financing of a project
under section 183.
``(13) State.--The term `State' has the meaning given the
term in section 101.
``(14) Subsidy amount.--The term `subsidy amount' means the
amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument, calculated on a net present value basis, excluding
administrative costs and any incidental effects on governmental
receipts or outlays in accordance with the provisions of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
``(15) Substantial completion.--The term `substantial
completion' means the opening of a project to vehicular or
passenger traffic.
``Sec. 182. Determination of eligibility and project selection
``(a) Eligibility.--To be eligible to receive financial assistance
under this subchapter, a project shall meet the following criteria:
``(1) Inclusion in transportation plans and programs.--The
project--
``(A) shall be included in the State transportation
plan required under section 135; and
``(B) at such time as an agreement to make available
a Federal credit instrument is entered into under this
subchapter, shall be included in the approved State
transportation improvement program required under
section 134.
``(2) Application.--A State, a local servicer identified
under section 185(a), or the entity undertaking the project
shall submit a project application to the Secretary.
``(3) Eligible project costs.--
``(A) In general.--Except as provided in
subparagraph (B), to be eligible for assistance under
this subchapter, a project shall have eligible project
costs that are reasonably anticipated to equal or exceed
the lesser of--
``(i) $100,000,000; or
``(ii) 50 percent of the amount of Federal
highway assistance funds apportioned for the most
recently completed fiscal year to the State in
which the project is located.
``(B) Intelligent transportation system projects.--
In the case of a project principally involving the
installation
[[Page 112 STAT. 244]]
of an intelligent transportation system, eligible
project costs shall be reasonably anticipated to equal
or exceed $30,000,000.
``(4) Dedicated revenue sources.--Project financing shall be
repayable, in whole or in part, from tolls, user fees, or other
dedicated revenue sources.
``(5) Public sponsorship of private entities.--In the case
of a project that is undertaken by an entity that is not a State
or local government or an agency or instrumentality of a State
or local government, the project that the entity is undertaking
shall be publicly sponsored as provided in paragraphs (1) and
(2).
``(b) Selection Among Eligible Projects.--
``(1) Establishment.--The Secretary shall establish criteria
for selecting among projects that meet the eligibility criteria
specified in subsection (a).
``(2) Selection criteria.--
``(A) In general.--The selection criteria shall
include the following:
``(i) The extent to which the project is
nationally or regionally significant, in terms of
generating economic benefits, supporting
international commerce, or otherwise enhancing the
national transportation system.
``(ii) The creditworthiness of the project,
including a determination by the Secretary that
any financing for the project has appropriate
security features, such as a rate covenant, to
ensure repayment.
``(iii) The extent to which assistance under
this subchapter would foster innovative public-
private partnerships and attract private debt or
equity investment.
``(iv) The likelihood that assistance under
this subchapter would enable the project to
proceed at an earlier date than the project would
otherwise be able to proceed.
``(v) The extent to which the project uses new
technologies, including intelligent transportation
systems, that enhance the efficiency of the
project.
``(vi) The amount of budget authority required
to fund the Federal credit instrument made
available under this subchapter.
``(vii) The extent to which the project helps
maintain or protect the environment.
``(viii) The extent to which assistance under
this chapter would reduce the contribution of
Federal grant assistance to the project.
``(B) Preliminary rating opinion letter.--For
purposes of subparagraph (A)(ii), the Secretary shall
require each project applicant to provide a preliminary
rating opinion letter from at least 1 rating agency
indicating that the project's senior obligations have
the potential to achieve an investment-grade rating.
``(c) Federal Requirements.--In addition to the requirements of this
title for highway projects, chapter 53 of title 49 for transit projects,
and section 5333(a) of title 49 for rail projects, the following
provisions of law shall apply to funds made available under this
subchapter and projects assisted with the funds:
[[Page 112 STAT. 245]]
``(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
``(2) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(3) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
``Sec. 183. Secured loans
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2) through (4),
the Secretary may enter into agreements with 1 or more obligors
to make secured loans, the proceeds of which shall be used--
``(A) to finance eligible project costs; or
``(B) to refinance interim construction financing of
eligible project costs;
of any project selected under section 182.
``(2) Limitation on refinancing of interim construction
financing.--A loan under paragraph (1) shall not refinance
interim construction financing under paragraph (1)(B) later than
1 year after the date of substantial completion of the project.
``(3) Risk assessment.--Before entering into an agreement
under this subsection, the Secretary, in consultation with the
Director of the Office of Management and Budget and each rating
agency providing a preliminary rating opinion letter under
section 182(b)(2)(B), shall determine an appropriate capital
reserve subsidy amount for each secured loan, taking into
account such letter.
``(4) Investment-grade rating requirement.--The funding of a
secured loan under this section shall be contingent on the
project's senior obligations receiving an investment-grade
rating, except that--
``(A) the Secretary may fund an amount of the
secured loan not to exceed the capital reserve subsidy
amount determined under paragraph (3) prior to the
obligations receiving an investment-grade rating; and
``(B) the Secretary may fund the remaining portion
of the secured loan only after the obligations have
received an investment-grade rating by at least 1 rating
agency.
``(b) Terms and Limitations.--
``(1) In general.--A secured loan under this section with
respect to a project shall be on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines appropriate.
``(2) Maximum amount.--The amount of the secured loan shall
not exceed 33 percent of the reasonably anticipated eligible
project costs.
``(3) Payment.--The secured loan--
``(A) shall--
``(i) be payable, in whole or in part, from
tolls, user fees, or other dedicated revenue
sources; and
``(ii) include a rate covenant, coverage
requirement, or similar security feature
supporting the project obligations; and
[[Page 112 STAT. 246]]
``(B) may have a lien on revenues described in
subparagraph (A) subject to any lien securing project
obligations.
``(4) Interest rate.--The interest rate on the secured loan
shall be not less than the yield on marketable United States
Treasury securities of a similar maturity to the maturity of the
secured loan on the date of execution of the loan agreement.
``(5) Maturity date.--The final maturity date of the secured
loan shall be not later than 35 years after the date of
substantial completion of the project.
``(6) Nonsubordination.--The secured loan shall not be
subordinated to the claims of any holder of project obligations
in the event of bankruptcy, insolvency, or liquidation of the
obligor.
``(7) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the Federal
Government of making a secured loan under this section.
``(8) Non-federal share.--The proceeds of a secured loan
under this subchapter may be used for any non-Federal share of
project costs required under this title or chapter 53 of title
49, if the loan is repayable from non-Federal funds.
``(c) Repayment.--
``(1) Schedule.--The Secretary shall establish a repayment
schedule for each secured loan under this section based on the
projected cash flow from project revenues and other repayment
sources.
``(2) Commencement.--Scheduled loan repayments of principal
or interest on a secured loan under this section shall commence
not later than 5 years after the date of substantial completion
of the project.
``(3) Sources of repayment funds.--The sources of funds for
scheduled loan repayments under this section shall include
tolls, user fees, or other dedicated revenue sources.
``(4) Deferred payments.--
``(A) Authorization.--If, at any time during the 10
years after the date of substantial completion of the
project, the project is unable to generate sufficient
revenues to pay the scheduled loan repayments of
principal and interest on the secured loan, the
Secretary may, subject to subparagraph (C), allow the
obligor to add unpaid principal and interest to the
outstanding balance of the secured loan.
``(B) Interest.--Any payment deferred under
subparagraph (A) shall--
``(i) continue to accrue interest in
accordance with subsection (b)(4) until fully
repaid; and
``(ii) be scheduled to be amortized over the
remaining term of the loan beginning not later
than 10 years after the date of substantial
completion of the project in accordance with
paragraph (1).
``(C) Criteria.--
``(i) In general.--Any payment deferral under
subparagraph (A) shall be contingent on the
project meeting criteria established by the
Secretary.
``(ii) Repayment standards.--The criteria
established under clause (i) shall include
standards for reasonable assurance of repayment.
``(5) Prepayment.--
[[Page 112 STAT. 247]]
``(A) Use of excess revenues.--Any excess revenues
that remain after satisfying scheduled debt service
requirements on the project obligations and secured loan
and all deposit requirements under the terms of any
trust agreement, bond resolution, or similar agreement
securing project obligations may be applied annually to
prepay the secured loan without penalty.
``(B) Use of proceeds of refinancing.--The secured
loan may be prepaid at any time without penalty from the
proceeds of refinancing from non-Federal funding
sources.
``(d) Sale of Secured Loans.--
``(1) In general.--Subject to paragraph (2), as soon as
practicable after substantial completion of a project and after
notifying the obligor, the Secretary may sell to another entity
or reoffer into the capital markets a secured loan for the
project if the Secretary determines that the sale or reoffering
can be made on favorable terms.
``(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Secretary may not change the original
terms and conditions of the secured loan without the written
consent of the obligor.
``(e) Loan Guarantees.--
``(1) In general.--The Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan if the
Secretary determines that the budgetary cost of the loan
guarantee is substantially the same as that of a secured loan.
``(2) Terms.--The terms of a guaranteed loan shall be
consistent with the terms set forth in this section for a
secured loan, except that the rate on the guaranteed loan and
any prepayment features shall be negotiated between the obligor
and the lender, with the consent of the Secretary.
``Sec. 184. Lines of credit
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2) through (4),
the Secretary may enter into agreements to make available lines
of credit to 1 or more obligors in the form of direct loans to
be made by the Secretary at future dates on the occurrence of
certain events for any project selected under section 182.
``(2) Use of proceeds.--The proceeds of a line of credit
made available under this section shall be available to pay debt
service on project obligations issued to finance eligible
project costs, extraordinary repair and replacement costs,
operation and maintenance expenses, and costs associated with
unexpected Federal or State environmental restrictions.
``(3) Risk assessment.--Before entering into an agreement
under this subsection, the Secretary, in consultation with the
Director of the Office of Management and Budget and each rating
agency providing a preliminary rating opinion letter under
section 182(b)(2)(B), shall determine an appropriate capital
reserve subsidy amount for each line of credit, taking into
account such letter.
``(4) Investment-grade rating requirement.--The funding of a
line of credit under this section shall be contingent
[[Page 112 STAT. 248]]
on the project's senior obligations receiving an investment-
grade rating from at least 1 rating agency.
``(b) Terms and Limitations.--
``(1) In general.--A line of credit under this section with
respect to a project shall be on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines appropriate.
``(2) Maximum amounts.--
``(A) Total amount.--The total amount of the line of
credit shall not exceed 33 percent of the reasonably
anticipated eligible project costs.
``(B) 1-year draws.--The amount drawn in any 1 year
shall not exceed 20 percent of the total amount of the
line of credit.
``(3) Draws.--Any draw on the line of credit shall represent
a direct loan and shall be made only if net revenues from the
project (including capitalized interest, any debt service
reserve fund, and any other available reserve) are insufficient
to pay the costs specified in subsection (a)(2).
``(4) Interest rate.--The interest rate on a direct loan
resulting from a draw on the line of credit shall be not less
than the yield on 30-year marketable United States Treasury
securities as of the date on which the line of credit is
obligated.
``(5) Security.--The line of credit--
``(A) shall--
``(i) be payable, in whole or in part, from
tolls, user fees, or other dedicated revenue
sources; and
``(ii) include a rate covenant, coverage
requirement, or similar security feature
supporting the project obligations; and
``(B) may have a lien on revenues described in
subparagraph (A) subject to any lien securing project
obligations.
``(6) Period of availability.--The line of credit shall be
available during the period beginning on the date of substantial
completion of the project and ending not later than 10 years
after that date.
``(7) Rights of third-party creditors.--
``(A) Against federal government.--A third-party
creditor of the obligor shall not have any right against
the Federal Government with respect to any draw on the
line of credit.
``(B) Assignment.--An obligor may assign the line of
credit to 1 or more lenders or to a trustee on the
lenders' behalf.
``(8) Nonsubordination.--A direct loan under this section
shall not be subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor.
``(9) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the Federal
Government of providing a line of credit under this section.
``(10) Relationship to other credit instruments.--A project
that receives a line of credit under this section also shall not
receive a secured loan or loan guarantee under section 183 of an
amount that, combined with the amount of the line of credit,
exceeds 33 percent of eligible project costs.
[[Page 112 STAT. 249]]
``(c) Repayment.--
``(1) Terms and conditions.--The Secretary shall establish
repayment terms and conditions for each direct loan under this
section based on the projected cash flow from project revenues
and other repayment sources.
``(2) Timing.--All scheduled repayments of principal or
interest on a direct loan under this section shall commence not
later than 5 years after the end of the period of availability
specified in subsection (b)(6) and be fully repaid, with
interest, by the date that is 25 years after the end of the
period of availability specified in subsection (b)(6).
``(3) Sources of repayment funds.--The sources of funds for
scheduled loan repayments under this section shall include
tolls, user fees, or other dedicated revenue sources.
``Sec. 185. Project servicing
``(a) Requirement.--The State in which a project that receives
financial assistance under this subchapter is located may identify a
local servicer to assist the Secretary in servicing the Federal credit
instrument made available under this subchapter.
``(b) Agency; Fees.--If a State identifies a local servicer under
subsection (a), the local servicer--
``(1) shall act as the agent for the Secretary; and
``(2) may receive a servicing fee, subject to approval by
the Secretary.
``(c) Liability.--A local servicer identified under subsection (a)
shall not be liable for the obligations of the obligor to the Secretary
or any lender.
``(d) Assistance From Expert Firms.--The Secretary may retain the
services of expert firms in the field of municipal and project finance
to assist in the underwriting and servicing of Federal credit
instruments.
``Sec. 186. State and local permits
``The provision of financial assistance under this subchapter with
respect to a project shall not--
``(1) relieve any recipient of the assistance of any
obligation to obtain any required State or local permit or
approval with respect to the project;
``(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on private
equity invested in the project; or
``(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation of
the project.
``Sec. 187. Regulations
``The Secretary may issue such regulations as the Secretary
determines appropriate to carry out this subchapter.
``Sec. 188. Funding
``(a) Funding.--
``(1) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subchapter--
``(A) $80,000,000 for fiscal year 1999;
``(B) $90,000,000 for fiscal year 2000;
[[Page 112 STAT. 250]]
``(C) $110,000,000 for fiscal year 2001;
``(D) $120,000,000 for fiscal year 2002; and
``(E) $130,000,000 for fiscal year 2003.
``(2) Administrative costs.--From funds made available under
paragraph (1), the Secretary may use, for the administration of
this subchapter, not more than $2,000,000 for each of fiscal
years 1998 through 2003.
``(3) Availability.--Amounts made available under paragraph
(1) shall remain available until expended.
``(b) Contract Authority.--
``(1) In general.--Notwithstanding any other provision of
law, approval by the Secretary of a Federal credit instrument
that uses funds made available under this subchapter shall be
deemed to be acceptance by the United States of a contractual
obligation to fund the Federal credit instrument.
``(2) Availability.--Amounts authorized under this section
for a fiscal year shall be available for obligation on October 1
of the fiscal year.
``(c) Limitations on Credit Amounts.--For each of fiscal years 1998
through 2003, principal amounts of Federal credit instruments made
available under this subchapter shall be limited to the amounts
specified in the following table:
Maximum amount
``Fiscal year: of credit:
1998...................................................$1,200,000,000
1999...................................................$1,200,000,000
2000...................................................$1,800,000,000
2001...................................................$1,800,000,000
2002...................................................$2,300,000,000
2003...................................................$2,300,000,000.
``Sec. 189. Report to Congress
``Not later than 4 years after the date of enactment of this
subchapter, the Secretary shall submit to Congress a report summarizing
the financial performance of the projects that are receiving, or have
received, assistance under this subchapter, including a recommendation
as to whether the objectives of this subchapter are best served--
``(1) by continuing the program under the authority of the
Secretary;
``(2) by establishing a Government corporation or
Government-sponsored enterprise to administer the program; or
``(3) by phasing out the program and relying on the capital
markets to fund the types of infrastructure investments assisted
by this subchapter without Federal participation.''.
(b) Conforming Amendments.--Chapter 1 of title 23, United States
Code, is amended--
(1) in the analysis--
(A) by inserting before ``Sec.'' the following:
``SUBCHAPTER I--GENERAL PROVISIONS'';
and
(B) by adding at the end the following:
``SUBCHAPTER II--INFRASTRUCTURE FINANCE
``181. Definitions.
``182. Determination of eligibility and project selection.
``183. Secured loans.
``184. Lines of credit.
``185. Project servicing.
[[Page 112 STAT. 251]]
``186. State and local permits.
``187. Regulations.
``188. Funding.
``189. Report to Congress.'';
and
(2) by inserting before section 101 the following:
``SUBCHAPTER I--GENERAL PROVISIONS''.
SEC. 1504. DUTIES OF THE SECRETARY.
Section 301 of title 49, United States Code, is amended--
(1) in paragraph (7) by striking ``and'' at the end;
(2) in paragraph (8) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) develop and coordinate Federal policy on financing
transportation infrastructure, including the provision of direct
Federal credit assistance and other techniques used to leverage
Federal transportation funds.''.
CHAPTER 2--STATE INFRASTRUCTURE BANK PILOT PROGRAM
SEC. 1511. STATE INFRASTRUCTURE BANK PILOT PROGRAM. <<NOTE: 23 USC 181
note.>>
(a) Definitions.--In this section:
(1) Other assistance.--The term ``other assistance''
includes any use of funds in an infrastructure bank--
(A) to provide credit enhancements;
(B) to serve as a capital reserve for bond or debt
instrument financing;
(C) to subsidize interest rates;
(D) to ensure the issuance of letters of credit and
credit instruments;
(E) to finance purchase and lease agreements with
respect to transit projects;
(F) to provide bond or debt financing instrument
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.
[[Page 112 STAT. 252]]
(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
[[Page 112 STAT. 253]]
Code), or for any other project related to surface
transportation that the Secretary determines to be appropriate.
(2) Interstate funds.--Funds contributed to an
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
[[Page 112 STAT. 254]]
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.
[[Page 112 STAT. 255]]
(2) Non-federal funds.--The limitation described in
paragraph (1) shall not apply to non-Federal funds.
Subtitle F--High Priority Projects
SEC. 1601. HIGH PRIORITY PROJECTS PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by striking section 117 and inserting the following:
``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;
[[Page 112 STAT. 256]]
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 <<NOTE: 23 USC
145.>> 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.''.
SEC. 1602. PROJECT AUTHORIZATIONS.
Subject to section 117 of title 23, United States Code, the amount
listed for each high priority project in the following table shall be
available (from amounts made available by section 1101(a)(13) of the
Transportation Equity Act for the 21st Century) for fiscal years 1998
through 2003 to carry out each such project:
[[Page 112 STAT. 257]]
------------------------------------------------------------------------
(Dollars
No. State Project description in
millions)
------------------------------------------------------------------------
1. Georgia I-75 advanced 1.275
transportation
management system in
Cobb County.........
2. Ohio Relocate Washington 2
Street/SR 149 within
Bellaire city limits
in Belmont County...
3. Virginia Commuter and freight 7.5
rail congestion and
mitigation project
over Quantico Creek.
4. Michigan Construct bike path 3.75
between Mount
Clemens and New
Baltimore...........
5. California Extend I-10 HOV 2.205
lanes, Los Angeles..
6. Utah Reconstruct U.S. 89 5.25
and interchange at
200 North in
Kaysville...........
7. Ohio Upgrade North Road 1.2
between U.S. 422 and
East Market Street,
Trumbull County.....
8. Tennessee Alternative 5.1
transportation
systems, Rutherford.
9. New York Improve Long Ridge 1.4
Road from Pound
Ridge Road to
Connecticut State
line................
10. New York I-87 Noise Abatement 7.5
Program.............
11. California Upgrade access road 0.75
to Mare Island......
12. Texas Reconstruct FM 364 3.6
between Humble Road
and I-10, Beaumont..
13. Washington Construct pedestrian 1
access and safety on
Deception Pass
Bridge, Deception
Pass State Park,
Washington..........
14. Ohio Conduct feasibility 0.1
study for inclusion
of U.S. 22 as part
of the Interstate
System..............
15. New York Improve Route 9 in 1.14
Dutchess County.....
16. California Reconstruct State 7.5
Route 81 (Sierra
Avenue) and I-10
Interchange in
Fontana.............
17. New York Reconstruct 3
Springfield
Boulevard between
the Long Island Rail
main line south to
Rockaway Boulevard,
Queens County.......
18. Tennessee Reconstruction of 3.75
U.S. 414 in
Henderson County....
19. New Jersey Upgrade Market Street/ 3.75
Essex Street and
Rochelle Avenue/Main
Street to facilitate
access to Routes 17
and 80, Bergen
County..............
20. Pennsylvania U.S. 209 Marshall's 7.5
Creek Traffic Relief
project in Monroe
County..............
21. Louisiana Replace ferry in 1.6125
Plaquemines Parish..
22. Arkansas Construct access 0.75
routes between
interstate highway,
industrial park and
Slackwater Harbor,
Little Rock.........
23. Georgia Reconstruct SR 26/ 2.6625
U.S. 60 from Bull
River to Lazaretto
Creek...............
24. California Improve SR 91/Green 4.875
River Road
interchange.........
25. Ohio Construct new bridge 1.5
over Muskingum River
and highway
approaches,
Washington County...
26. Virginia Widen Route 123 from 7.5
Prince William
County line to State
Route 645 in Fairfax
County, Virginia....
27. California Improve the 4.5
interchange at Cabo
and Nason Street in
Moreno Valley.......
28. Nevada Canamex Corridor 5.25
Innovative Urban
Renovation project
in Henderson........
29. California Construct bikeways, 0.384
Santa Maria.........
[[Page 112 STAT. 258]]
30. Louisiana Expand Harding Road 2.7
from Scenic Highway
to the Mississippi
River and construct
an information
center..............
31. Florida West Palm Beach 11.25
Traffic Calming
Project on U.S. 1
and Flagur Drive....
32. Oregon Construct bike path 0.6
paralleling 42nd
Street to link with
existing bike path,
Springfield.........
33. Illinois Construct elevated 0.9
walkway between
Centre Station and
arena...............
34. Pennsylvania Construct Ardmore 0.45
Streetscape project.
35. California Construct San Diego 10
and Arizona Eastern
Intermodal Yard, San
Ysidro..............
36. New Jersey Replace Clove Road 0.75
bridge over
tributary of Mill
Brook and Clove
Brook in Sussex
County..............
37. Oregon Design and 0.375
engineering for
Newberg--Dundee
Bypass..............
38. Ohio Upgrade U.S. Route 33 3.75
between vicinity of
Haydenville to
Floodwood
(Nelsonville Bypass)
39. Connecticut Revise interchange 2.8125
ramp on to Route 72
northbound from I-84
East in Plainville,
Connecticut.........
40. Alaska Construct Spruce 0.2625
Creek Bridge in
Soldotna............
41. New York Undertake studies, 18
planning,
engineering, design
and construction of
a tunnel alternative
to reconstruction of
existing elevated
expressway (Gowanus
tunnel project).....
42. Virginia Reconstruct SR 168 6
(Battlefield
Boulevard) in
Chesapeake..........
43. Pennsylvania Upgrade PA 228 (Crows 5.4
Run Corridor).......
44. New York Upgrade and improve 12.2
Saratoga to Albany
intermodal
transportation
corridor............
45. Pennsylvania Widen Montgomery 2
Alley and improve
pedestrian and
parking facilites in
the vicinity of the
Falling Spring,
Chambersburg........
46. Nebraska Corridor study for 0.2625
Plattsmouth Bridge
area to U.S. 75 and
Horning Road........
47. Pennsylvania Construct SR 3019 0.375
over Great Trough
Creek in Huntingdon
County..............
48. Pennsylvania Improve PA 56 from I- 0.75
99 to Somerset
County Line in
Bedford County......
49. Connecticut Replace Windham Road 1.5
bridge, Windham.....
50. Tennessee Upgrade Briley 4.2
Parkway between I-40
and Opryland........
51. Pennsylvania Renovate Harrisburg 1.875
Transportation
Center in Dauphin
County..............
52. Oregon Construct phase I: 15.625
Highway 99 to Biddle
Road of the Highway
62 corridor
solutions project...
53. Washington Construct traffic 0.257
signals on U.S. 2 at
Olds Owens Road and
5th Street in
Sultan, Washington..
54. New York Upgrade Route 17 12.6
between Five Mile
Point and Occanum,
Broome County.......
[[Page 112 STAT. 259]]
55. Texas Improve U.S. 82, East- 12.3
West Freeway between
Memphis Avenue and
University Avenue...
56. Tennessee Construct Stones 8.2
River Greenway,
Davidson............
57. Minnesota Conduct study of 0.375
potential for
diversion of traffic
from the I-35
corridor to commuter
rail, Chicago County
north of Forest Lake
along I-35 corridor
to Rush City........
58. Minnesota Upgrade 10th Street 1.125
South, Street Cloud.
59. Tennessee Improve State Road 95 3.675
from Westover Drive
to SR 62 in Roane
and Anderson
Counties............
60. California Construct Ontario 10.5
International
Airport ground
access program......
61. Iowa Construct four-lane 7.5
expressway between
Des Moines and
Marshalltown........
62. Texas Upgrade FM 225, 3
Nacogdoches.........
63. Ohio Upgrade U.S. Route 35 3.75
between vicinity of
Chillicothe to
Village of Richmond
Dale................
64. Indiana Upgrade 93rd Avenue 4.425
in Merrillville.....
65. California Improve streets and 0.236
construct bicycle
path, Westlake
Village.............
66. Pennsylvania Upgrade I-95 between 21.45
Lehigh Avenue and
Columbia Avenue and
improvements to
Girard Avenue/I-95
interchange,
Philadelphia........
67. Michigan Construct I-96/Beck 1.95
Wixom Road
interchange.........
68. Pennsylvania Construct I-95/Route 1.5
332 interchange.....
69. California Improve streets and 0.75
construct bicycle
path, Calabasas.....
70. New York Construct Hutton 1
Bridge Project......
71. Ohio Restore Main and 0.3375
First Streets to two-
way traffic,
Miamisburg..........
72. Virginia Widen I-64 Bland 25.8375
Boulevard
interchange.........
73. Washington Widen Cook Road in 3.1
Skagit County,
Washington..........
74. New York Construct interchange 8.775
and connector road
using ITS testbed
capabilities at I-90
Exit 8..............
75. New York Construct Edgewater 9
Road Dedicated Truck
Route...............
76. Illinois Upgrade Illinois 336 3.825
between Illinois 61
to south of Loraine.
77. Michigan Reconstruct Bagley 0.45
Street and improve
Genschaw Road,
Alpena..............
78. California Construct Third 9.375
Street South Bay
Basin Bridge, San
Francisco...........
79. New Mexico Improve I-25 at Raton 9
Pass................
80. Pennsylvania Construct Mon-Fayette 20
Expressway between
Union Town and
Brownsville.........
81. Michigan Upgrade Hill Road 2.25
corridor between I-
75 to Dort Highway,
Genesee County......
82. Georgia Improve GA 316 in 30.675
Gwinnett County.....
83. North Carolina Construct segment of 12
new freeway,
including right-of-
way acquisition,
between East of U.S.
401 to I-95, and
bridge over Cape
Fear River..........
[[Page 112 STAT. 260]]
84. Florida Construct U.S. 98/ 8.25
Thomas Drive
interchange.........
85. Illinois Construct I-64/North 3.6
Greenmount Road
interchange, St.
Clair County........
86. South Carolina Three River Greenway 3.75
Project to and from
Gervals Street in
Columbia............
87. New York Upgrade Chenango 1.6
County Route 32 in
Norwich.............
88. Maine Construct I-95/ 1.5
Stillwater Avenue
interchange.........
89. Massachusetts Construct I-495/Route 3.15
2 interchange east
of existing
interchange to
provide access to
commuter rail
station, Littleton..
90. Connecticut Construct Seaview 2.5
Avenue Corridor
project.............
91. Texas Construct 3.75
transportation
improvements as part
of redevelopment of
Kelly AFB, San
Antonio.............
92. Texas Conduct pipeline 1.125
express study
through Texas
Transportation
Institute (A&M
University).........
93. Illinois Undertake 1.5
improvements to
Campus
Transportation
System, Chicago.....
94. Pennsylvania Improve walking and 2.1
biking trails
between Easton and
Lehigh Gorge State
Park within the
Delaware and Lehigh
Canal National
Heritage Corridor...
95. Michigan Upgrade and make 10.5
improvements to the
Walton Corridor
project including
segments of Walton
Boulevard, Baldwin
and Joslyn Roads,
and Telegraph Road..
96. North Carolina Construct Charlotte 12
Western Outer Loop
freeway, Mecklenburg
County..............
97. Tennessee Reconstruct U.S. 79 3
between Milan and
McKenzie............
98. Virginia Undertake access 1.5
improvements for
Freemason Harbor
Development
Initiative, Norfolk.
99. Pennsylvania Upgrade U.S. Route 3.05
119 between Homer
City and Blairsville
100. Minnesota Construct pedestrian 0.53025
bridge over TH 169
in Elk River........
101. Georgia Construct Athens to 6
Atlanta
Transportation
Corridor............
102. Alabama Initiate construction 3
on controlled access
highway between the
Eastern edge of
Madison County and
Mississippi State
line................
103. Texas Construct improvments 5.76
along U.S. 69
including frontage
roads, Jefferson
County..............
104. New York Rehabilitate Broadway 1.5
Bridge, New York
City................
105. Ohio Reconstruct Morgan 0.4
County 37 in Morgan
County..............
106. California Improve Mission 0.5
Boulevard in San
Bernardino,
California..........
107. Indiana Widen 116th Street in 1.125
Carmel..............
108. Illinois Undertake traffic 2
mitigation and
circulation
enhancements, 57th
and Lake Shore Drive
[[Page 112 STAT. 261]]
109. Georgia Construct Rome to 0.584
Memphis Highway in
Floyd and Bartow
Counties............
110. Ohio Construct highway- 4.75
rail grade
separations on Snow
Road in Brook Park..
111. Kentucky Construct highway- 0.825
rail grade
separations along
the City Lead in
Paducah.............
112. Illinois Resurface S. Chicago 0.795
Avenue from 71st to
95th Streets,
Chicago.............
113. Minnesota Upgrade TH 13 between 1.5
TH 77 and I-494.....
114. Kentucky Redevelop and improve 2.84
ground access to
Louisville
Waterfront District
in Louisville,
Kentucky............
115. South Dakota Construct U.S. 16 0.441
Hell Canyon Bridge
and approaches in
Custer County.......
116. Georgia Resurface Davis 0.3
Drive, Green Street,
and North Houston
Road in Warner
Robins..............
117. Pennsylvania Construct highway- 1.5
transit transfer
facility in Lemoyne.
118. Georgia Upgrade I-75 between 8.25
the Crisp/Dooly
County line to the
Florida State line..
119. New Jersey Conduct Route 46 24.375
Corridor Improvement
Project with the
amount provided,
$8,625,000 for the
Route 46/Riverview
Drive Interchange
reconstruction
project, $12,675,000
for the Route 46/Van
Houton Avenue
reconstruction
project, and
$3,075,000 for the
Route 46/Union
Boulevard
interchange
reconstruction
project.............
120. Mississippi Construct segment 2 0.6875
of the Jackson
University Parkway
in Jackson..........
121. New Jersey Improve grade 10.5
separations on the
Garden State Parkway
in Cape May County,
New Jersey..........
122. Pennsylvania Construct access to 1.5
site of former
Philadelphia Naval
Shipyard and Base,
Philadelphia........
123. Idaho Reconstruct U.S. 95 9
from Bellgrove to
Mica................
124. Illinois Improve access to 2.25
93rd Street Station,
Chicago.............
125. Illinois Rehabilitate WPA 4.7
Streets in Chicago..
126. Minnesota Construct grade 1.35
crossing
improvements,
Morrison County.....
127. Kentucky Extend Hurstbourne 4.56
Parkway from
Bardstown Road to
Fern Valley Road....
128. Texas Upgrade SH 130 in 0.75
Caldwell and
Williamson Counties.
129. Massachusetts Construct bikeway 6
between Blackstone
and Worcester.......
130. New York Rehabilitate roads, 0.12
Village of Great
Neck................
131. Virginia Widen I-81 in Roanoke 4
and Botetourt
Counties and in
Rockbridge, Augusta
and Rockingham
Counties............
132. Illinois Construct an 5.625
interchange at I-90
and Illinois Route
173 in Rockford.....
133. Illinois Engineering for 5
Peoria to Chicago
expressway..........
134. Pennsylvania Construct access 1.275
improvements between
exits 56 and 57 off
I-81 in Lackawanna..
[[Page 112 STAT. 262]]
135. California Reconstruct Tennessee 0.75
Valley Bridge, Marin
County..............
136. Michigan Improvements to Card 0.975
Road between 21 Mile
Road and 23 Mile
Road in Macomb
County..............
137. Illinois Construct Veterans 7.88
Parkway from
Eastland Drive to
Commerce Parkway in
Bloomington.........
138. New York Conduct safety study 0.4
and improve I-90 in
Downtown Buffalo....
139. Minnesota Upgrade CSAH 1 from 0.36
CSAH 61 to 0.8 miles
north...............
140. Pennsylvania Construct access road 3
and parking
facilities, Valley
Forge National
Historic Park,
Valley Forge........
141. Illinois Construct Orchard 5.25
Road Bridge over the
Fox River...........
142. Missouri Construct U.S. 412 6
corridor from
Kennett to Hayti,
Missouri............
143. Michigan Upgrade M 84 13.135
connector between
Tittabawasee Road
and M 13, Bay and
Saginaw Counties....
144. Louisiana Increase capacity of 1
Lake Pontchartrain
Causeway............
145. Tennessee Improve the 6.3375
Elizabethon
Connector from U.S.
312 to U.S. 19 East.
146. Texas Construct Austin to 5.625
San Antonio Corridor
147. Pennsylvania Make safety 7
improvements on PA
Route 61 (Dusselfink
Safety Project)
between Route 183 in
Cressona and SR 0215
in Mount Carbon.....
148. Tennessee Improve State Route 3.4125
92 from I-40 to
South of Jefferson
City................
149. Illinois Planning, engineering 2
and first phase
construction of
beltway connector,
Decatur.............
150. Indiana Safety improvements 6.825
to McKinley and
Riverside Avenues in
Muncie..............
151. Georgia Widen Georgia Route 6/ 5.666
U.S. 278 in Polk
County..............
152. Arkansas Widen 28th Street and 0.75
related improvements
in Van Buren,
Arkansas............
153. Tennessee Reconstruct Old 1.26
Walland Highway
bridge over Little
River in Townsend...
154. Missouri Construct Highway 36 2.4
Hannibal Bridge and
approaches in Marion
County..............
155. Minnesota Construct Cass County 0.18
Public Trails
Corridors...........
156. Alabama Construct Eastern 13
Black Warrior River
Bridge..............
157. Michigan Construct Monroe Rail 4.5
Consolidation
Project, Monroe.....
158. Illinois Rehabilitate 95th 0.6
Street between 54th
Place and 50th
Avenue, Oak Lawn....
159. New York Construct Hamilton 12.375
Street interchange
in Erwin, New York..
160. New York Improve 6th and 0.525
Columbia Street
project in Elmira...
161. California Enhance Fort Bragg 0.275
and Willitis
passenger stations..
[[Page 112 STAT. 263]]
162. New York Capital improvements 14
for the car float
operations in
Brooklyn, New York,
for the New York
City Economic
Development Corp....
163. New Jersey Construct New Jersey 2
Exit 13A Flyover
(extension of
Kapowski Road to
Trumbull Street)....
164. Pennsylvania Relocate U.S. 22 25
around the Borough
of Holidaysburg, PA,
or other projects in
the counties of
Bedford, Blair,
Centre, Franklin,
Mifflin, Fulton and
Clearfield, and
Huntingdon as
selected by the
Commonwealth of
Pennsylvania........
165. Wyoming Construct Jackson- 1.5
Teton Pathway in
Teton County........
166. Michigan Construct 2.25
improvements to 23
Mile Road between
Mound Road and M 53,
Macomb County.......
167. Michigan Early preliminary 1.5
engineering/
preliminary
engineering to U.S.
131 B.R./Industrial
Connector,
Kalamazoo, Michigan.
168. Illinois Construct 0.975
improvements to
segment of Town
Creek Road, Jackson
County..............
169. Vermont Replace Missisquoi 12
Bay Bridge..........
170. Massachusetts Upgrade Sacramento 0.1875
Street underpass,
Somerville..........
171. Oregon Study and design I-5/ 3
Beltline Road
interchange
reconstruction......
172. Massachusetts Construct 3
accessibility
improvments to
Charles Street T
Station, Boston.....
173. California Widen and improve I-5/ 10.425
State Route 126
interchange in
Valencia............
174. Arkansas Widen Highway 65/82 5.375
from Pine Bluff to
the Mississippi
State line..........
175. Ohio Rehabilitate Martin 1.5
Luther King, Jr.
Bridge, Toledo......
176. California Upgrade I-880, 7.5
Alameda.............
177. Illinois Right-of-way 3
acquisition for
segment of Alton
Bypass between
Illinois 143 to
Illinois 140 near
Alton...............
178. Georgia Conduct study of a 17.25
multimodal
transportation
corridor along GA
400.................
179. Illinois Reconstruct Dixie 0.3705
Highway, Harvey.....
180. Tennessee Construct State Route 1.8
131 from Gill Road
to Bishop Road......
181. Washington Construct Port of 0.675
Kalama River Bridge.
182. Virginia Upgrade Virginia 0.75
Route 10, Surrey
County..............
183. Iowa Reconstruct U.S. 2.5
Highway 218 between
7th and 20th Streets
inlcuding center
turn lane from
Hubenthal Place to
Carbide Lane, Keokuk
184. Oregon Repair bridge over 10
Rogue River, Gold
Beach...............
185. New Jersey Construct pedestrian 2.25
bridge in Washington
Township............
186. Ohio Construct Chesapeake 3.75
Bypass, Lawrence
County..............
187. California Rehabilitate historic 2.625
train depot in San
Bernadino...........
[[Page 112 STAT. 264]]
188. Michigan Construct 0.9
improvements to
Linden Road between
Maple Avenue and
Pierson Road,
Genessee County.....
189. Alabama Construct Crepe 1.2
Myrtle Trail near
Mobile..............
190. New York Reconstruct Route 23/ 0.85
Route 205
intersection in
Oneonta.............
191. Rhode Island Reconstruct 0.33375
interchanges on
Route 116 between
Route 146 and Ashton
Viaduct, Lincoln....
192. Michigan Construct route 2.7
improvements along
Washington Avenue
between Janes Avenue
to Johnson Street
and East Genesee
Avenue between
Saginaw River and
Janes Avenue,
Saginaw.............
193. California Realign and improve 4.5
California Route 79
in Riverside County.
194. Michigan Construct Tawas Beach 1.65
Road/U.S. 23
interchange
improvements, East
Tawas...............
195. Illinois Rehabilitate Timber 0.105
Bridge over Little
Muddy River and
approach roadway,
Perry County........
196. Texas Construct East Loop, 0.75
Brownsville.........
197. Mississippi Upgrade Cowan- 8.5
Lorraine Road
between I-10 and
U.S. 90, Harrison
County..............
198. California Construct Alameda 9.5625
Corridor East
project.............
199. Washington Construct I-5 4.9875
interchanges in
Lewis County........
200. Minnesota Undertake 3.9
improvements to
Hennepin County
Bikeway.............
201. Illinois Construct Alton 1.875
Bypass from IL 40 to
Fosterburg Road.....
202. Louisiana Construct Houma- 2.325
Thibodaux to I-10
connector from
Gramercy to Houma...
203. Illinois Study for new bridge 1.05
over Mississippi
River with terminus
points in Street
Clair County and
Street Louis, MO....
204. New York Rehabilitate Queens 6
Boulevard/Sunnyside
Yard Bridge, New
York City...........
205. North Carolina Construct segment of 1.5
I-74 between Maxton
Bypass and NC 710,
Robeson County......
206. Alabama Conduct engineering, 17
acquire right-of-way
and construct the
Birmingham Northern
Beltline in
Jefferson County....
207. South Dakota Replace Meridan 3.25
Bridge..............
208. Ohio Upgrade Route 82, 5.25
Strongsville........
209. Mississippi Construct I-20/ 3.75
Norrell Road
interchange, Hinds
County..............
210. Wisconsin Reconstruct U.S. 19.5
Highway 151, Waupun
to Fond du Lac......
211. Michigan Improve Kent County 11.28
Airport road access
in Grand Rapids,
Michigan by
extending 36th
Street, improving
48th Street and
constructing the I-
96/Whitneyville
interchange.........
212. Pennsylvania Replace Dellville 0.75
Bridge in Wheatfield
213. California Upgrade Ft. Irwin 1.125
Road from I-15 to
Fort Irwin..........
214. New York Reconstruct 127th 1.5
Street viaduct, New
York City...........
[[Page 112 STAT. 265]]
215. Arkansas Upgrade U.S. Route 1.5
67, Newport to
Missouri State line.
216. Louisiana Extend Howard Avenue 6
to Union Passenger
Terminal, New
Orleans.............
217. Colorado Complete the Powers 9
Boulevard north
extension in
Colorado Springs....
218. Pennsylvania Widen U.S. 30 from 9
U.S. 222 to PA 340
and from PA 283 to
PA 741..............
219. Pennsylvania Upgrade Route 219 2.4
between Meyersdale
and Somerset........
220. Mississippi Widen MS 15 from 7.5
Laurel to
Louiseville.........
221. California Construct bike paths, 0.625
Thousand Oaks.......
222. Texas Investigate 0.375
strategies to reduce
congestion and
facilitate access at
the international
border crossing in
Roma................
223. Wisconsin Upgrade Marshfield 3.75
Boulevard,
Marshfield..........
224. Wisconsin Construct Abbotsford 4.5
Bypass..............
225. New York Reconstruct Route 25/ 0.75
Route 27
intersection in
Street Lawrence
County..............
226. California Upgrade access to 0.375
Sylmar/San Fernando
Metrolink Station
and Westfield
Village, Los Angeles
227. Tennessee Construct park and 8
ride intermodal
centers for
Nashville/Middle
Tennessee Commuter
Rail................
228. Illinois Upgrade Street Marie 0.036
Township Road,
Jasper County.......
229. Illinois Resurface 95th Street 2.34
between Western
Avenue and Stony
Island Boulevard,
Chicago.............
230. New York Construct new exit 6
46A on I-90 at Route
170 in North Chili..
231. Indiana Upgrade 4 warning 0.3
devices on north/
south rail line from
Terre Haute to
Evansville..........
232. California Improve SR 70 from 6.25
Marysville Bypass to
Oroville Freeway....
233. Dist. of Columbia Implement 7.5
Geographical
Information System..
234. California Construct connector 11.5
between I-5 and SR
113 and reconstruct
I-5 interchange with
Road 102, Woodland..
235. Pennsylvania Reconstruct State 6.75
Route 2001 in Pike
County..............
236. California Upgrade I-680 7.5
Corridor, Alameda
County..............
237. Louisiana Reconstruct I-10 and 6
Ryan Street access
ramps and frontage
street improvements,
Lake Charles........
238. Arkansas Construct access 12
route to Northwest
Arkansas Regional
Airport in Highfill.
239. Pennsylvania Reconstruct 2
structures and
adjacent roadway,
Etna and Aspenwall
(design and right-of-
way acquisition
phases), Allegheny
County..............
[[Page 112 STAT. 266]]
240. Alaska Construct capital 4.5
improvements to
intermodal freight
and passenger
facilities servicing
the Alaska Marine
Highway and other
related
transportation modes
in Seward provided
that the state
public authority
which owns the
current intermodal
facilities carries
out this project
with the entire
amount of funds
provided............
241. Illinois Construct 1.425
improvements to
Pleasant Hill Road,
Carbondale..........
242. Florida Deploy magnetic lane 0.375
marking system on I-
4...................
243. Texas Extend Texas State 4.675
Highway 154 between
U.S. 80W and State
Highway 43S.........
244. Minnesota Upgrade CSAH 16 4.05
between TH 53 and
CSAH 4..............
245. Pennsylvania Upgrade U.S. Route 4.85
22, Chickory
Mountain section....
246. Arkansas Improve Arkansas 0.375
State Highway 12
from U.S. 71 at
Rainbow Curve to
Northwest Arkansas
Regional Airport....
247. Massachusetts Implement Cape and 0.375
Islands Rural Roads
Initiative, Cape Cod
248. Massachusetts Reconstruct roadways, 2.25
Somerville..........
249. Washington Construct Washington 0.9
Pass visitor
facilities on North
Cascades Highway....
250. Indiana Construct Hazel Dell 4.125
Parkway from 96th
Street to 146th
Street in Carmel....
251. Georgia Upgrade Lithonia 0.375
Industrial
Boulevard, De Kalb
County..............
252. Wisconsin Upgrade STH 29 4.5
between IH 94 and
Chippewa Falls......
253. Kansas Construct Diamond 7.56
interchange at
Antioch and I-435...
254. California Reconstruct I-215 and 2.0625
construct HOV lanes
between 2nd Street
and 9th Street, San
Bernardino..........
255. Iowa Relocate U.S. 61 to 2.25
bypass Fort Madison.
256. Illinois Construct Richton 1.5
Road, Crete.........
257. Ohio Upgrade U.S. 30 from 11.25
SR 235 in Hancock
County to the
Ontario bypass in
Richland County.....
258. Florida Construct access road 0.75
to Street Johns
Avenue Industrial
Park................
259. Pennsylvania Design, engineer, ROW 10.5
acquisition and
construct the
Luzerne County
Community College
Road between S.R.
2002 and S.R. 3004
one-mile west of
Center Street
through S.R. 2008 in
the vicinity of
Prospect Street and
the Luzerne County
Community College,
including a new
interchange on S.R.
0029................
260. Louisiana Construct State 8.5
Highway 3241/State
Highway 1088/I-12
interchange in St.
Tammany Parish......
261. Illinois Improve access to 1.6
Rantoul Aviation
Center in Rantoul...
262. Virginia Improve Harrisonburg 0.5
East Side roadways
in Harrisonburg.....
[[Page 112 STAT. 267]]
263. California Upgrade Highway 99 7.3
between State
Highway 70 and
Lincoln Road, Sutter
County..............
264. Indiana Extend East 56th 4.875
Street in Lawrence..
265. New York Construct the Mineola 10.5
intermodal facility
and Hicksville
intermodal facility
in Nassau County....
266. Texas Upgrade IH 30 between 21.75
Dallas and Ft. Worth
267. Massachusetts Construct 1.8
improvements to
North Main Street in
Worcester...........
268. Arkansas Study and construct a 0.75
multi-modal facility
Russellville........
269. New York Judd Road Connector 30.3
in New Hartford and
Whitestown..........
270. Oregon Upgrade I-5, Salem... 3
271. California Upgrade call boxes 1.125
throughout Santa
Barbara County......
272. Wisconsin Upgrade U.S. Route 10 6
between Waupaca to
U.S. Route 41.......
273. Iowa Reconstruct I-235 and 5.175
improve the
interchange for
access to the ML
King Parkway........
274. Pennsylvania Construct Steel 0.3
Heritage Trail
between Glenwood
Bridge to Clairton
via McKeesport......
275. Idaho Construct critical 7.5
interchanges and
grade-crossings on
U.S. 20 between
Idaho Falls and
Chester.............
276. Utah Construct Cache 5.25
Valley Highway in
Logan...............
277. Massachusetts Upgrade Route 3 6.15
between Route 128/I-
95 to Massachusetts
and New Hampshire
State Line..........
278. Indiana Construct Hoosier 18.75
Heartland from
Lafayette to Ft.
Wayne...............
279. New York Conduct traffic 0.3
calming study on
National Scenic
Byway Route 5 in
Hamburg.............
280. California Construct I-5 rail 15.09
grade crossings
between I-605 and
State Route 91, Los
Angeles and Orange
Counties............
281. Massachusetts Undertake 2.25
improvements to
South Station
Intermodal Station..
282. Massachusetts Reconstruct Bates 3
Bridge over
Merrimack River.....
283. Illinois Upgrade Wood Street 0.7425
between Little
Calumet River to
171st Street,
Dixmore, Harvey,
Markham, Hazel Crest
284. Pennsylvania Construct safety and 6.15
capacity
improvements to
Route 309 and Old
Packhouse Road
including widening
of Old Packhouse
Road between Kids
Peace National
Hospital to Route
309.................
285. Illinois Reconstruct Mt. Erie 3.385
Blacktop in Mt. Erie
286. Michigan Repair 48th Avenue, 0.2025
Menominee...........
287. Texas Reconstruct 5.5
intermodal
connectors on
Highway 78 and
Highway 544 in Wylie
288. Georgia Conduct a study of 3.75
transportation
alternatives in
Northwest Georgia
between Atlanta and
Chattanooga.........
289. Louisiana Reconstruct Jefferson 1
Lakefront bikepath
in Jefferson Parish.
[[Page 112 STAT. 268]]
290. New York Construct Midtown 3.5
West Intermodal
Ferry Terminal, New
York City...........
291. Maine Construct I-295 3.375
connector, Portland.
292. Colorado Construct I-25 truck 2.25
lane from Lincoln
Avenue to Castle
Pines Parkway in
Douglas County......
293. New Jersey Widen Route 1 from 5.25
Pierson Avenue to
Inman Avenue in
Middlesex County....
294. New York Construct intermodal 1.875
transportation hub
in Patchogue........
295. New York Improve Route 281 in 6.75
Cortland............
296. California Construct State Route 7.5
76 in Northern San
Diego...............
297. Illinois Congestion mitigation 9
for Illinois Route
31 and Illinois
Route 62
intersection in
Algonquin...........
298. Pennsylvania Improve South Central 0.75
Business Park in
Fulton County.......
299. California Willits Bypass, 0.65
Highway 101 in
Mendocino County,
California..........
300. Texas Upgrade FM 1764 2.25
between FM 646 to
State Highway 6.....
301. Ohio Construct Intermodal 3.04
Industrial Park in
Wellsville..........
302. Texas Construct U.S. 5.625
Expressway 77/83
interchange,
Harlingen...........
303. Georgia Construct Harry S. 2.6625
Truman Parkway......
304. Maryland Upgrade I-95/I-495 3.6
interchange at
Ritchie Marlboro
Road, Prince Georges
County..............
305. New York Construct CR 82 from 0.435
Montauk Highway to
Sunrise Highway in
Suffolk County......
306. Pennsylvania PA 26 over Piney 0.6
Creek 2-bridges in
Bedford County......
307. Illinois Intersection 1.305
improvements at 79th
and Stoney Island
Boulevard, Chicago..
308. New York Construct CR-85 from 0.675
Foster Avenue to CR-
97 in Suffolk County
309. New York Construct Phase II of 2
the City of Mount
Vernon's New Haven
Railroad
Redevelopment
project.............
310. Alabama Construct 0.75
improvements to 41st
Street between 1st
Avenue South and
Airport Highway,
Birmingham..........
311. Alaska Improve roads in 1.7625
Kotzebue............
312. Pennsylvania Conduct preliminary 1.5
engineering on the
relocation of exits
4 and 5 on I-83 in
York County.........
313. North Carolina Construct I-540 from 9.75
east of NC Route 50
to east of U.S.
Route 1 in Wake
County..............
314. Alabama Construct 0.6
enhancements along
12th Street between
State Highway 11 and
Baptist Princeton
Hospital, Birmingham
315. Pennsylvania Conduct highway 1
research, Drexel
University..........
316. Illinois Improve IL 113 in 5.55
Kankakee............
317. Texas Upgrade JFK Causeway, 2.25
Corpus Christi......
318. Pennsylvania Construct 6
Philadelphia
Intermodal Gateway
Project at 30th
Street Station......
319. Wisconsin Construct STH 26/U.S. 2.25
41 Interchange in
Oshkosh.............
[[Page 112 STAT. 269]]
320. California Improve and widen 2.7
Forest Hill Road in
Placer County.......
321. Florida ITS improvements on 1.5
U.S. 19 in Pasco
County..............
322. Nebraska Conduct corridor 0.4125
study from Wayne to
Vermillion-Newcastle
bridge..............
323. Oregon Construct right-of- 1
way improvements to
provide improved
pedestrian access to
MAX light rail,
Gresham.............
324. Virginia Repair historic 0.75
wooden bridges along
portion of Virginia
Creeper Trail
maintained by Town
of Abingdon.........
325. Oregon Reconstruct Lovejoy 5
ramp, Portland......
326. Washington Widen SR 99 between 2.7
148th Street and
King County Line in
Lynnwood............
327. Minnesota Construct Trunk 6.075
Highway 169
Causeway, Itasca
County..............
328. Louisiana Conduct a feasibility 1.5
and design study of
Louisiana Highway 30
between Louisiana
Highway 44 and I-10.
329. Indiana Reconstruct U.S. 0.6
Route 231 between
junction of State
Road 66 to Dubois
County line.........
330. Massachusetts Construct Greenfield- 0.675
Montague Bikeways,
Franklin County.....
331. California Improve highway 0.275
access to Humboldt
Bay and Harbor Port.
332. Virginia Construct road 0.25
improvement,
trailhead
development and
related facilities
for Haysi to Breaks
Interstate Bicycle
and Pedestrain Trail
between Haysi and
Garden Hole area of
Breaks Interstate
Park................
333. Pennsylvania Replace Grant Street 1.8
Bridge, New Castle..
334. North Dakota Upgrade U.S. Route 52 1.8
between Donnybrook
and U.S. Route 2....
335. Florida Construct Wonderwood 27.725
Connector from
Mayport to
Arlington, Duval
County, Florida.....
336. California Construct pedestrian 0.375
boardwalk between
terminus of Pismo
Promenade at Pismo
Creek and Grande
Avenue in Gover
Beach...............
337. Pennsylvania Construct PA 283 1.8375
North Union Street
ramps in Dauphin
County..............
338. New Jersey Upgrade Garden State 22.5
Parkway Exit 142....
339. Minnesota Extend County State 0.6
Highway 61 extension
into Two Harbors....
340. Minnesota Reconstruct and 9.75
replace I-494 Wakota
Bridge from South
St. Paul to Newport,
and approaches......
341. Texas Reconstruct and widen 6
I-35 between North
of Georgetown at
Loop 418 to U.S.
Route 190...........
342. Georgia Undertake major 11.55
arterial
enhancements in De
Kalb County with the
amount provided as
follows: $5,250,000
for Candler Road,
$5,625,000 for
Memorial Drive, and
$675,000 for Bufford
Highway.............
[[Page 112 STAT. 270]]
343. Illinois Consolidate rail 1.125
tracks and eliminate
grade crossings as
part of Gateway
Intermodal Terminal
access project......
344. Ohio Replace I-280 bridge 18
over Maumee River,
Toledo area.........
345. Pennsylvania Eliminate 16 at-grade 8
rail crossings
through Erie........
346. Arkansas Construct Geyer 0.75
Springs RR grade
separation, Little
Rock................
347. Wisconsin Construct Chippewa 4.5
Falls Bypass........
348. Kentucky Correct rock hazard 0.02625
on U.S. 127 in
Russell County......
349. Kentucky Widen U.S. 27 from 22.5
Norwood to Eubank...
350. Virginia Conduct Williamsburg 0.325
2007 transportation
study...............
351. Virginia Construct I-95/State 3.8375
Route 627
interchange in
Stafford County.....
352. Tennessee Construct Foothills 8.625
Parkway from Walland
to Weans Valley.....
353. Oregon Upgrade Murray 3.75
Boulevard including
overpass bridge,
Millikan to Terman..
354. California Construct San 9.375
Francisco Regional
Intermodal Terminal.
355. New Hampshire Construct the Broad 12.511
Street Parkway in
Nashua..............
356. New Hampshire Construct Conway 5.325
bypass from Madison
to Bartlett.........
357. California Seismic retrofit of 0.75
Golden Gate Bridge..
358. Pennsylvania Realign Route 501 in 1.2
Lebanon County......
359. Maryland Upgrade U.S. 29 9
interchange with
Randolph Road,
Montgomery County...
360. Utah Construct I-15 6
interchange at
Atkinville..........
361. Illinois Resurface Cicero 0.4575
Avenue between 127th
Street and 143rd
Street, Chicago.....
362. Pennsylvania Improve Lewistown 40
Narrows U.S. 322 in
Mifflin and Juniata
County..............
363. Florida Enhance access to 0.9
Gateway Marketplace
through improvements
to access roads,
Jacksonville........
364. Indiana Upgrade 14 warning 1.05
devices on east/west
rail line from Gary
to Auburn...........
365. Tennessee Construct I-40/SR 155 4.2
interchange,
Davidson............
366. Tennessee Construct Crosstown 3.2
Greenway/Bikeway,
Springfield.........
367. Maine Studies and planning 3
for reconstruction
of East-West Highway
368. Florida Construct Port of 15.75
Palm Beach Road
access improvements,
Palm Beach County...
369. New Jersey Reconstruct Essex 1.875
Street Bridge,
Bergen County.......
370. Missouri Relocate and 30
reconstruct Route 21
between Schenk Road
to Town of DeSoto...
371. New York Improve Route 31 from 8.8125
Baldwinsville to
County Route 57.....
372. Virginia Upgrade Route 600 to 5
facilitate access
between I-81 and
Mount Rogers
National Recreation
Area................
373. California Construct I-380 2.1
connector between
Sneath Lane and San
Bruno Avenue, San
Bruno...............
[[Page 112 STAT. 271]]
374. Florida Construct South 6.75
Connector Road and
Airport Road
interchange in
Jacksonville........
375. Pennsylvania Resurface current 219 4.875
bypass at Bradford..
376. Kentucky Construct Route 259- 0.75
101 from Brownsville
to I-65.............
377. California Construct 2.25
interchanges for I-
10 in Coachella
Valley, Riverside
County..............
378. New Mexico Improve 84/285 4.5
between Espanola and
Hernandez...........
379. Pennsylvania Upgrade 2 sections of 1.125
U.S. 6 in Tioga
County..............
380. Wisconsin Improve Janesville 3
transportation......
381. Arkansas Construct Baseline 3.75
Road RR grade
separation, Little
Rock................
382. Virginia Replace Shore Drive 3
Bridge over Petty
Lake, Norfolk.......
383. Arizona Replace U.S. 93 10
Hoover Dam Bridge...
384. Michigan Operational 0.5
improvements on M 24
from I-75 to the
northern Oakland
County border.......
385. Illinois Reconstruct U.S. 30, 6.75
Will County.........
386. Minnesota Construct Trunk 12
Highway 610/10 from
Trunk Highway 169 in
Brooklyn Park to I-
94 in Maple Grove...
387. Illinois Extend and 4.2675
reconstruct roadways
through industrial
corridor in Alton...
388. Pennsylvania Rehabilitate 1.275
Jefferson Heights
Bridge, Penn Hills..
389. Ohio Construct Eastern 3.75
U.S. Route 23 bypass
of Portsmouth.......
390. Washington Construct State Route 0.45
7--Elbe rest area
and interpretive
facility in Pierce
County..............
391. Michigan Undertake capital 7.5
improvements to
facilitate traffic
between Lansing and
Detroit.............
392. New Mexico Reconstruct U.S. 84/ 13.5
U.S. 285 from Santa
Fe to Espanola......
393. Connecticut Reconstruct Post 1.125
Office/Town Farm
Road in Enfield.....
394. Connecticut Improve pedestrian 3.39
and bicycle
connections between
Union Station and
downtown New London.
395. Pennsylvania Construct access to 1.2
Tioga Marine
Terminal, Ports of
Philadelphia and
Camden..............
396. Virginia Downtown Staunton 0.5
Streetscape Plan--
Phase I in Staunton.
397. Illinois Construct Marion 1.5
Street multi-modal
project in Village
of Oak Park.........
398. California Improve and construct 2.35
I-80 reliever route
project; Walters
Road and Walters
Road Extension
Segments............
399. Texas Upgrade State Highway 3.75
24 from Commerce to
State Highway 19
north of Cooper.....
400. Maryland Construct pedestrian 1.35
and bicycle path
between Druid Hill
Park and Penn
Station, Baltimore..
401. California Upgrade SR 92/El 2.775
Camino interchange,
San Mateo...........
402. Illinois Improve Sugar Grove 1.875
U.S. 30.............
[[Page 112 STAT. 272]]
403. Illinois Construct Sullivan 7.5
Road Bridge over the
Fox River...........
404. Massachusetts Construct Packets 0.75
Landing Enhancement
and Restoration
Project, Town of
Yarmouth............
405. Michigan Upgrade I-94 between 6
M 39 and I-96.......
406. Pennsylvania Upgrade PA Route 21, 5
Fayette and Greene
Counties............
407. Indiana Construct Gary Marina 7.5
access road
(Buffington Harbor).
408. Massachusetts Replace deck of Chain 0.759
Bridge over
Merrimack River.....
409. New Mexico Improve U.S. 70 9
southwest of
Portales............
410. California Construct grade 6.65
separation project
at Redondo Junction,
located in the North
end of an Intermodal
corridor of economic
significance, as
defined by
California Streets
and Highways Code,
Division 3, Chapter
4.7 (commencing with
section 2190), Los
Angeles.............
411. Arkansas Widen West Phoenix 6
Avenue and related
improvements in Fort
Smith, Arkansas.....
412. Minnesota Upgrade Cross-Range 4.5
Expressway between
Coleraine to CSAH 7.
413. California Upgrade CA Route 2 12
Southern Freeway
terminus and
transportation
efficiency
improvements to
Glendale Boulevard
in Los Angeles......
414. Massachusetts Environmental 1.5
studies, preliminary
engineering and
design of North-
South Connector in
Pittsfield to
improve access to I-
90..................
415. Pennsylvania Construct streetscape 0.072
project in the
Borough of Ambler,
Montgomery County,
PA..................
416. Pennsylvania Construct 2
improvements to the
Park Road extension
connecting U.S. 222
and U.S. 422, Spring
Township............
417. New York FJ&G Rail/Trail 0.525
Project in Fulton
County..............
418. New Jersey Upgrade Baldwin 2
Avenue intersection
to facilitate access
to waterfront and
ferry, Weehawken....
419. Kansas Widen U.S. 54 from 6
Liberal, Kansas
southwest to
Oklahoma............
420. Washington Improve Hillsboro 2.6625
Street/Highway 395
intersection in
Pasco...............
421. Texas Construct ramp 11
connection between
Hammet Street to
Highway 54 ramp to
provide access to I-
10 in El Paso.......
422. Ohio Relocate State Route 1.5
60 from Zanesville
to Dresden,
Muskingum County....
423. Alabama Construct the 10.2375
Montgomery Outer
Loop from U.S. 80 to
I-85 via I-65.......
424. Oklahoma Reconstruct U.S. 99/ 4.7
SH377 from Prague to
Stroud in Lincoln
County..............
425. Louisiana Extend Louisiana 6
Highway 42 between
U.S. 61 and I-10 in
Ascension Parish....
426. Louisiana Conduct feasibility 3.75
study, design and
construction of
connector between
Louisiana Highway 16
to I-12 in
Livingston Parish...
[[Page 112 STAT. 273]]
427. California Construct capital 2.25
improvements along I-
680 corridor........
428. Texas Relocation of Indiana 7.2
Avenue between 19th
street to North Loop
289 and Quaker
Avenue intersection.
429. Massachusetts Renovate Union 6.5
Station Intermodal
Transportation
Center in Worcester.
430. Texas Construct Manchester 12
grade separations in
Houston.............
431. Texas Construct Titus 1.875
County West Loop,
Mount Pleasant......
432. New York Construct County Road 1.36
50 in the vicinity
of Windsor Avenue...
433. California Construct parking 1
lot, pedestrian
bridge and related
improvements to
improve intermodal
transportation in
Yorba Linda.........
434. North Carolina Widen North Carolina 2.25
Route 24 from
Swansboro to U.S. 70
in Onslow and
Carteret Counties...
435. Minnesota Construct Mankato 5.25
South Route in
Mankato.............
436. Kentucky and Indiana Ohio River Major 40
Investment Study
Project, Kentucky
and Indiana.........
437. California Implement traffic 0.375
management
improvements, Grover
Beach...............
438. Louisiana Extend I-49 from I- 3.3
220 to Arkansas
State line..........
439. Indiana Construct East 79th 3
from Sunnyside Road
to Oaklandon Road in
Lawrence............
440. Alabama Construct Decatur 2
Southern Bypass.....
441. California Construct tunnel with 6
approaches as part
of Devils Slide
project in San Mateo
County..............
442. Ohio Improve State Route 0.5
800 in Monroe County
443. Kentucky Reconstruct KY 210 6
from Hodgenville to
Morning Star Road,
Larue County........
444. New York Construct Route 17-- 3.6
Lowman Crossover in
Ashland.............
445. Illinois Improve roads in the 0.81
Peoria Park District
446. Massachusetts Reconstruct North 0.75
Street, Fitchburg...
447. Massachusetts Reconstruct 3
Huntington Avenue in
Boston..............
448. California Undertake safety 2.1
enhancements along
Monterey County
Railroad highway
grade, Monterey
County..............
449. Michigan Construct Bridge 3.15
Street bridge
project in
Southfield..........
450. Texas Construct Concord 7.375
Road Widening
project, Beaumont...
451. Oregon Restore the Historic 2
Columbia River
Highway including
construction of a
pedestrian and
bicycle path under I-
84 at Tanner Creek
and restoration of
the Tanner Creek and
Moffett Creek
bridges.............
452. Ohio Upgrade I-77/U.S. 250/ 1
SR 39 interchange in
Tuscarawas County...
453. California Construct Palisades 6
Bluff Stabilization
project, Santa
Monica..............
[[Page 112 STAT. 274]]
454. New York Improve the Route 31/ 1.85475
I-81 Bridge in
Watertown...........
455. Washington Improve I-5/196th 4.05
Street, Southwest
Freeway interchange
in Lynnwood,
Washington..........
456. Louisiana Construct the 4.125
Southern extension
of I-49 from
Lafayette to the
Westbank Expressway.
457. Kansas Construct Phase II 9
improvements to U.S.
59 from U.S. 56 to
Ottawa..............
458. Tennessee Construct U.S. 27 4.125
from State Road 61
to Morgan County
line................
459. Maryland Undertake 10.975
transportation
infrastructure
improvements within
Baltimore
Empowerment Zone....
460. Kentucky Construct Kentucky 0.75
31E from Bardstowns
to Salt River.......
461. Georgia Construct multi-modal 12
passenger terminal,
Atlanta.............
462. Kentucky Construct connection 2.25
between Natcher
Bridge and KY 60
east of Owensboro...
463. Minnesota Reconstruct CSAH 48 0.24
extension, Brainerd/
Baxter..............
464. Kentucky Complete I 65 upgrade 3.75
from Elizabethtown
to Tennessee State
line................
465. California Construct the South 19.5
Central Los Angeles
Exposition Park
Intermodal Urban
Access Project in
Los Angeles.........
466. Pennsylvania Construct U.S. 30 at 4.5
PA 772 and PA 41....
467. Ohio Upgrade 1 warning 0.075
device on the rail
line from Marion to
Ridgeway............
468. Kentucky Construct necessary 7.125
connections for the
Taylor Southgate
Bridge in Newport
and the Clay Wade
Bailey Bridge in
Covington...........
469. Maine Replace Singing 0.75
Bridge across
Taunton Bay.........
470. California Upgrade Price Canyon 0.825
Road including
construction of
bikeway between San
Luis Obispo and
Pismo Beach.........
471. Illinois Extend South 74th 0.375
Street, Belleville..
472. New Hampshire Reconstruct U.S. 3 1.786
Carroll town line
2.1 miles north.....
473. Minnesota Upgrade 77th Street 17.1
between I-35W and
24th Avenue to four
lanes in Richfield..
474. New Jersey Relocate and complete 12
construction of new
multi-modal
facility, Weehawken.
475. New Jersey Construct Route 4/17 6.375
interchange in
Paramus.............
476. Louisiana Expand Perkins Road 6.15
in Baton Rouge......
477. New Jersey Revitalize Route 130 3
from Cinnaminson to
Willingboro.........
478. Arkansas Construct Highway 371 2.375
from Magnolia to
Prescott............
479. Mississippi Upgrade Alva-Stage 1.125
Road, Montgomery
County..............
480. California Construct pedestrian 0.15
promenade, Pismo
Beach...............
481. California Construct railroad at- 0.375
grade crossings, San
Leandro.............
[[Page 112 STAT. 275]]
482. Ohio Construct highway- 6.205
rail grade
separations on
Heisley Road between
Hendricks Road and
Jackson Street in
Mentor..............
483. Illinois Design and construct 10
U.S. 67 corridor
from Jacksonville to
Beardstown..........
484. California Construct VC Campus 11
Parkway Loop System
in Merced...........
485. Texas Construct highway- 8.25
rail-marine
intermodal project,
Corpus Christi......
486. Pennsylvania Construct U.S. 322 18.75
Conchester Highway
between U.S. 1 and
PA 452..............
487. Pennsylvania Construct Route 819/ 6.9
Route 119
interchange between
Mt. Pleasant and
Scottdale...........
488. Illinois Upgrade Western 0.0945
Avenue, Park Forest.
489. Oregon Relocate and rebuild 1.2
intersection of
Highway 101 and
Highway 105, Clatsop
County..............
490. Ohio Upgrade Western 2.4
Reserve Road,
Mahoning County.....
491. California Construct Nogales 6.5
Street at Railroad
Street grade
separation in Los
Angeles County,
California..........
492. Nebraska Construct South 4.125
Beltway in Lincoln..
493. Michigan Acquire right-of-way 18.72
and construct M 6
Grand Rapids South
Beltline in Grand
Rapids..............
494. New York Replace Route 92 3
Limestone Creek
Bridge in Manlius...
495. Pennsylvania Extend Martin Luther 4.5
King, Jr. East
Busway to link with
Mon-Fayette
Expressway..........
496. New York Construct Furrows 1.2
Road from Patchogue/
Holbrook Road to
Waverly Avenue in
Islip...............
497. New Jersey Construct East 0.27
Windsor Bear Brook
pathway system......
498. Texas Widen State Highway 6 9.15
from FM521 to
Brazoria County line
and construct
railroad overpass...
499. California Construct I-10/Pepper 6.6
Avenue Interchange..
500. New York Construct access road 2.25
and entranceway
improvements to
airport in Niagara
Falls...............
501. Minnesota Replace Sauk Rapids 7.725
Bridge over
Mississippi River,
Stearns and Benton
Counties............
502. North Carolina Upgrade I-85, 19.5
Mecklenburg and
Cabarrus Counties...
503. Oklahoma Reconstruct County 0.1875
Road 237 from
Indiahoma to Wichita
Mountains Wildlife
Refuge..............
504. Illinois Construct Towanda- 5.82
Barnes Road in
Mclean County.......
505. Pennsylvania Widen and signalize 3.87
Sumneytown Pike and
Forty Foot Road in
Montgomery County...
[[Page 112 STAT. 276]]
506. Rhode Island Construct Rhode 5.85
Island Greenways and
Bikeways projects
with the amount
provided $4,275,000
for the Washington
Secondary Bikepath,
and $1,575,000 for
the South County
Bikepath Phase 2....
507. Mississippi Widen U.S. 61 from 0.6875
Louisiana State line
to Adams County.....
508. Georgia Conduct a study of a 1.8
mutimodal
transportation
corridor from
Lawrenceville to
Marietta............
509. Missouri Construct Jefferson 8.25
Avenue viaduct over
Mill Creek Valley in
St. Louis...........
510. New York Conduct extended 3
needs study for the
Tappan Zee Bridge...
511. Pennsylvania Improve Park Avenue/ 0.45
PA 36 in Blair
County..............
512. Texas Construct the George 7.5
H.W. Bush
Presidential
Corridor from Bryan
to east to I-45.....
513. New Mexico Improve Uptown in 1.025
Bernalillo County...
514. Arkansas Upgrade U.S. 65 in 3
Faulkner and Van
Buren Counties......
515. South Carolina Construct high 5.5
priority surface
transportation
projects eligible
for Federal-aid
highway funds.......
516. Mississippi Construct Lincoln 1.125
Road extension,
Lamar County........
517. Alaska Construct Pt. 6.75
Mackenzie Intermodal
Facility............
518. Florida Purchase and install 0.75
I-275 traffic
management system in
Pinellas County.....
519. Illinois Construct U.S. Route 8.775
67 bypass project
around Roseville....
520. Massachusetts Upgrade I-495 10.86
interchange 17 and
related improvements
including along
Route 140...........
521. Mississippi Construct segments 2 0.6875
and 3 of the Bryam-
Clinton Corridor in
Hinds County........
522. New Jersey Rehabilitate East 2.7
Ridgewood Avenue
over Route 17 in
Bergan County.......
523. Michigan Construct interchange 3
at U.S. 10/Bay City
Road in Midland.....
524. North Carolina Construct U.S. Route 3.375
17, Elizabeth City
Bypass..............
525. Virginia Smart Road connecting 1.025
Blacksburg to I-81..
526. Oregon Construct passing 4.5
lanes on Highway 58
between Kitson Ridge
Road and Mile Post
47, Lane County.....
527. Kansas Construct grade 3.15
separations on U.S.
36 and U.S. 77 in
Marysville..........
528. Virginia Upgrade Route 501 in 0.75
the counties of
Bedford, Halifax,
and Campbell........
529. Pennsylvania Construct Robinson 2.025
Town Centre
intermodal facility.
530. Nevada Construct the U.S. 3.75
395 Carson City
Bypass..............
531. Indiana Feasibility study of 0.45
State Road 37
improvements in
Noblesville, Elwood
and Marion..........
[[Page 112 STAT. 277]]
532. Pennsylvania Construct Newton 1.5
Hamilton SR 3021
over Juniata River
in Mifflin County...
533. Pennsylvania Reconstruct PA 309 in 15.588
Eastern Montgomery
with $4,000,000 for
noise abatement.....
534. Alabama Upgrade Opoto-Madrid 1.05
Boulevard,
Birmingham..........
535. Virginia Conduct feasibility 0.5
study for the
construction of I-66
from Lynchburg to
the West Virginia
border..............
536. California Rehabilitate pavement 1.125
throughout Santa
Barbara County......
537. Illinois Design and construct 4.12525
I-72/MacArthur
Boulevard
interchange in
Springfield.........
538. Illinois Improve Constitution 2.6625
Avenue in Peoria....
539. Michigan Upgrade East Jordon 0.3
Road, Boyne City....
540. Georgia Construct noise 1.5
barriers along GA
400.................
541. Florida Construct North East 1.2
Dade Bike Path in
North Miami Beach...
542. Connecticut Realign and extend 3
Hart Street in New
Britain.............
543. Oregon Construct roundabout 0.3
at intersection of
Highway 101 and
Highway 202, Clatsop
County..............
544. New York Replace Route 28 2.4
bridge over NY State
Thruway, Ulster
County..............
545. California Extend State Route 7 6
in Imperial County..
546. Texas Construct FM2234 4.8
(McHard Road) from
SH 35 to Beltway 8
at Monroe Boulevard.
547. Dist. of Columbia Enhance recreational 0.04775
facilities along
Rock Creek Parkway..
548. California Construct SR 78/ 3.75
Rancho Del Oro
interchange in
Oceanside...........
549. Michigan Upgrade M. L. King 1
Drive, Genesee
County..............
550. California Reconstruct Grand 0.375
Avenue between Elm
Street and Halcyon
Road, Arroyo Grande.
551. Pennsylvania Improve PA 41 between 5
Delaware State line
and PA 926..........
552. California Construct Los Angeles 6.6
County Gateway
Cities NHS Access...
553. Michigan Upgrade H 58 within 4.2
Pictured Rocks
National Lakeshore..
554. Dist. of Columbia Rehabilitate Theodore 7.5
Roosevelt Memorial
Bridge..............
555. Ohio Undertake 2.08
improvements to open
Federal Street to
traffic, Youngstown.
556. Pennsylvania Improve PA 16 1
including
intersection with
Antrim Church Road..
557. Ohio Construct State Route 2.2
209 from Cambridge
and Byesville to the
Guernsey County
Industrial Park.....
558. California Construct Port of 6
Oakland intermodal
terminal............
559. New York Construct Wellwood 1.2
Avenue from Freemont
Street to Montauk
Highway in
Lindenhurst.........
560. Louisiana Construct Louisiana 0.5625
Highway 1 from the
Gulf of Mexico to
U.S. 90.............
561. Mississippi Refurbish Satartia 0.375
Bridge, Yazoo City..
[[Page 112 STAT. 278]]
562. North Carolina Construct bridge over 1.35
Chockoyotte Creek in
Halifax County......
563. Pennsylvania Widen PA 413 in Bucks 5.625
County..............
564. North Carolina Construct U.S. 13 2.625
from the Wilson/U.S.
264 Bypass to
Goldsboro in Wayne
and Wilson Counties.
565. Pennsylvania Construct Erie 16.2
Eastside Connector..
566. California Construct Prunedale 1.65
Bypass segment of
U.S. 101, Monterey
County..............
567. New York Construct access road 0.24
from Lake Avenue to
Milestrip Road in
Blasdell............
568. California Construct State Route 16
905 between I-805
and the Otay Mesa
Border Crossing, San
Diego County........
569. Mississippi Build an interchange 2.25
at I-55 with
connectors to
Madison and
Ridgeland...........
570. Minnesota Trunk Highway 53 DWP 3.6
railroad bridge
replacement, St.
Louis County........
571. Texas Construct U.S. 77/83 2.25
Expressway
extension,
Brownsville.........
572. New York Upgrade and relocate 14
Utica-Rome
Expressway in Oneida
County..............
573. Pennsylvania West Philadelphia 0.369
congestion
mitigation
initiative..........
574. Utah Construct Phase II of 7.5
the University
Avenue Interchange
in Provo............
575. California Upgrade Osgood Road 1.5
between Washington
Boulevard and South
Grimmer Boulevard,
Freemont............
576. Missouri Bull Shoals Lake 0.52275
Ferry in Taney
County..............
577. Alaska Construct capital 2.25
improvements to the
Alaska Marine
Highway and related
facilities in
Ketchikan...........
578. Maine Improve Route 23..... 0.375
579. Tennessee Construct U.S. 45 1.5
bypass, Madison
County..............
580. New York Construct pedestrian 0.25
access bridge from
Utica Union Station.
581. Michigan Upgrade Groveland 0.375
Mine Road, Dickinson
582. New York Reconstruct Route 9 2.5155
in Plattsburgh......
583. Mississippi Upgrade Goose Pond 0.15
Subdivision Roads,
Tallahatchie County.
584. Michigan Construct U.S. 131 2.25
Cadillac Bypass
project.............
585. Pennsylvania Construct 7.5
Lawrenceville
Industrial Access
Road................
586. Massachusetts Construct Housatonic- 3
Hoosic bicycle
network.............
587. Connecticut Construct the U.S. 3.75
Route 7 bypass
project, Brookfield
to New Milford town
line................
588. New Jersey Construct road from 2.5
the Military Ocean
Terminal to the Port
Jersey Pier, Bayonne
589. Oregon Repair Coos Bay rail 5.5
bridge, Port of Coos
Bay.................
590. Minnesota Complete construction 3.75
of Forest Highway
11, Lake County.....
591. Pennsylvania Construct rail 10
mitigation and
improvement projects
from Philadelphia to
New Jersey Line.....
[[Page 112 STAT. 279]]
592. Louisiana Upgrade Lapalco 6
Boulevard between
Barataria Boulevard
and U.S. Highway.
90, Jefferson Parish
593. Pennsylvania Widen PA 228 from 0.9
Criders Corners to
State Route 3015....
594. Pennsylvania Improve PA 23 2.5
Corridor from U.S.
30 Bypass between
Lancaster County
line and Morgantown.
595. Pennsylvania Widen SR 247 and SR 8.175
2008 between 84 and
Lackawanna Valley
Industrial Highway
for the Moosic
Mountain Business
Park................
596. Massachusetts Construct Nowottuck- 3
Manhan Bike Trail
connections,
Easthampton,
Amherst, Holyoke,
Williamsburg and
Northampton.........
597. Texas Reconstruct bridges 4
across the channel
for the Port of
Corpus Christi......
598. Minnesota Construct TH 1 east 0.18
of Northome
including bicycle/
pedestrian trail....
599. Alabama Construct U.S. 231/I- 1.0125
10 Freeway Connector
from the Alabama
border to Dothan....
600. New York Construct CR 3 at 1.12
Southern State
Parkway overpass
between Long Island
Expressway and
Colonial Springs....
601. Massachusetts Construct 12
improvements along
Route 18 to provide
for access to
waterfront and
downtown areas, New
Bedford.............
602. Pennsylvania Construct road 3.75
connector and bridge
over Allegheny River
to link New
Kensington with
Allegheny Valley
Expressway..........
603. Michigan Replace Chalk Hills 0.3
Bridge over
Menominee River.....
604. Utah Improve 5600 West 3.75
Highway from 2100
South to 4100 South
in West Valley City.
605. Pennsylvania Construct Lackawanna 0.375
River Heritage Trail
in Lackawanna.......
606. South Carolina Widen and relocate SC 6
6 in Lexington
County..............
607. New York Construct sound 1.455
barriers on both
sides of Grand
Central Parkway
between 172nd Street
to Chevy Chase Road.
608. Connecticut Improve Route 7 5.4
utility and
landscaping in New
Milford.............
609. New York Conduct North Road 1.125
Corridor study in
Oswego County.......
610. Arkansas Upgrade U.S. Route 2.6625
412, Harrison to
Mountain Home.......
611. New York Construct full access 4.5
controlled
expressway along NY
Route 17 at
Parkville, Sullivan
County..............
612. Florida Construct Englewood 5.5
Interstate connector
from River Road to I-
75 in Sarasota and
Charlotte Counties..
613. Minnesota Reconstruct St. Louis 0.45
CSAH 9 (Wallace
Avenue) in Duluth
from Fourth Street
to Woodland Avenue..
[[Page 112 STAT. 280]]
614. New Jersey Design, construct, 3
and expand
industrial Roads
connecting Carteret
with Woodbridge, and
Route 35 with Perth
Amboy for increased
truck traffic which
will ease delays and
traffic at Turnpike
Exit 12 and Route 35
underpass east......
615. Virginia Construct the Kemper 1.5
Street Station
connector road in
Lynchburg...........
616. Iowa Improve IA 60 6.6
Corridor from LeMar
to MN State line....
617. Michigan Operation 0.5
improvements on M 15
from I-75 north to
the Genesee County
line................
618. Virginia Upgrade Danville 3
Bypass in
Pittsylvania........
619. Nebraska Corridor study for 0.075
Louisville South
bypass from State
Highway 66 to State
Highway 50..........
620. Arkansas Study and construct 0.225
Van Buren intermodal
port facility in Van
Buren...............
621. Alabama Extend I-759 in 13.5
Etowah County.......
622. North Carolina Widen U.S. 421 from 3.55
North Carolina Route
194 to two miles
East of U.S. 221....
623. New York Reconstruct Ridge 0.16
Road Bridge in
Orange County.......
624. South Carolina Construct North 3
Charleston Regional
Intermodal Center...
625. Florida Upgrade U.S. 319 3.75
between Four Points
and Oak Ridge Road,
Tallahassee.........
626. Ohio Complete safety/ 0.03
bicycle path in
Madison Township....
627. Arkansas Conduct design study 3.75
and acquire right of
way on U.S. 71 in
the vicinity of Fort
Chaffee, Fort Smith.
628. Mississippi Construct East Metro 2.625
Corridor in Rankin
County..............
629. Wyoming Reconstruct Cheyenne 3.5
Area Norris Viaduct.
630. New York Design and construct 6.06
Outer Harbor Bridge
in Buffalo..........
631. Pennsylvania St. Thomas Signals 0.15
Hade and Jack Rds
U.S. 30 in Franklin
County..............
632. Texas Upgrade State Highway 6.91
35 Yoakum District
in Matagorda and
Buazovia Counties...
633. Minnesota Conduct highway 3
construction between
Highway 494 and
Carver County Road
147.................
634. Utah Widen 106th South 4.5
from I-15 to
Bangerter Highway in
South Jordan........
635. Florida Construct pedestrian 1.875
overpass from the
Florida National
Scenic Trail over I-
4...................
636. Illinois Extend Rogers Street 1.425
to mitigate
congestion, Waterloo
637. New York Reconstruct and widen 4
Route 78 from I-90
to Route 15.........
638. Ohio Improve Alum Creek 4
Drive from I-270 to
Frebis Avenue in
Franklin County.....
639. Louisiana Upgrade and widen I- 8
10 between Williams
Boulevard and Tulane
Avenue in Jefferson
and Orleans Parishes
640. Michigan Improve I-94 in 3.75
Kalamazoo County....
[[Page 112 STAT. 281]]
641. Pennsylvania Improve PA 8 between 4.8
Cherry Tree and Rynd
Farm................
642. Washington Construct passenger 3.75
ferry facility to
serve Southworth,
Seattle.............
643. Pennsylvania Realign West 38th 5.4
Street from Shunpike
Road to Myrtle
Street in Erie
County..............
644. Ohio Replace Jacobs Road 2
Bridge, Mahoning
County..............
645. Massachusetts Upgrade Lowell Street 1.08
between Woburn
Street and Route 38,
Town of Wilmington..
646. Oklahoma Improve Battiest- 1.6
Pickens Road between
Battiest and Pickens
in McCurtain County.
647. Indiana Improve State Road 31 0.375
in Columbus.........
648. Oregon Construct bike path 0.8
along Willamette
River, Corvallis....
649. New York Reconstruct Flushing 3.75
Avenue between
Humboldt Street and
Cypress Avenue......
650. Missouri Construct bike/ 0.6
pedestrian path
between Delmar
Metrolink Station
and University City
loop business
district in St.
Louis...............
651. Wisconsin Construct U.S. 22.5
Highway 151 Fond du
Lac Bypass..........
652. Illinois Upgrade U.S. 45 10.2
between Eldorado and
Harrisburg..........
653. Pennsylvania Improve U.S. 22/Canoe 1.5
Creek Blair County..
654. California Reconstruct and widen 2.4375
Mission Road,
Alhambra............
655. West Virginia Construct safety 1
improvements on
Route 82 (Fayette
Station Road),
Fayette County......
656. Ohio Widen and reconstruct 7
State Route 82 from
Lorain/Cuyahoga
County line to I.R.
77..................
657. Michigan Facilitate access 0.375
between I-75 and Soo
Locks through road
reconstruction,
bikepath
construction and
related
improvements, Sault
Ste. Marie..........
658. Kentucky Construct Savage- 0.2625
Cedar Knob Bridge at
Koger Creek.........
659. New York Construct intermodal 6.438
facility in New
Rochelle,
Westchester County..
660. Virgin Islands Upgrade West-East 6
corridor through
Charlotte Amalie....
661. Ohio Upgrade SR 800 rest 0.04
stop in Monroe
County..............
662. Michigan Improve the I-73 3.9375
corridor in Jackson
and Lenawee Counties
663. Nevada Widen I-50 between 3
Fallon and Fernley..
664. California Improve and modify 16.8
the Port of Hueneme
Intermodal Corridor--
Phase II in Ventura
County..............
665. Louisiana Construct and equip 5.4
Transportation
Technology and
Emergency
Preparedness Center
in Baton Rouge......
666. Michigan Rehabilitate Lincoln 0.1275
Street, Negaunee....
667. Missouri Construct U.S. 67/ 6
Route 60 interchange
in Popular Bluff....
[[Page 112 STAT. 282]]
668. New York Upgrade Riverside 1.5
Drive between 97th
Street and Tiemann,
New York City.......
669. New York Capital improvements 3
for the Red Hook
Barge in NY/NJ for
the Port Authority
of NY/NJ............
670. Maryland Upgrade U.S. 113 18
north of U.S. 50 to
MD 589 in Worcester
County..............
671. Rhode Island Implement 0.15
transportation
alternative relating
to Court Street
Bridge, Woonsocket..
672. Pennsylvania Construct Frazier 2.25
Township interchange
on SR 28 in
Alleghany...........
673. California Rehabilitate Artesia 3
Boulevard...........
674. Illinois Undertake access 2.8125
improvements to U.S.
Route 41, Chicago...
675. Colorado Construct Wadsworth 0.25
Boulevard
improvement project
in Arvada...........
676. Indiana Construct I-70/Six 14.9625
Points interchange
in Marion and
Hendricks County....
677. Alabama Construct repairs to 0.45
viaducts connecting
downtown and midtown
areas, Birmingham...
678. Illinois Construct VFW Road/ 3.69675
Veteran's Drive from
Townline Road to
Broadway Road in
Pekin...............
679. Pennsylvania Design, engineer, ROW 1.5
acquisition and
construct the Wilkes-
Barre/Scranton
International
Airport Access Road
between Route 315
and Commerce
Boulevard...........
680. Dist. of Columbia Construct bicycle and 8.5
pedestrian walkway
(Metropolitan Branch
Trail), Union
Station to Silver
Spring..............
681. New Jersey Construct interchange 8.5
improvements and
flyover ramps at I-
80W to Route 23N in
Passaic County......
682. Washington Undertake SR 166 4.875
slide repair........
683. Connecticut Reconstruct Broad 2.4
Street in New
Britain.............
684. Massachusetts Reconstruct Route 126 3.525
and replace bridge
spanning Route 9,
Town of Framingham..
685. New Mexico Extend Unser 0.65
Boulevard in
Albuquerque.........
686. Massachusetts Implement Phase II of 0.29325
unified signage
system, Essex County
687. New Hampshire Construct Manchester 8.025
Airport access road
in Manchester.......
688. Pennsylvania Improve U.S. 22/PA 1.5
866 Intersection in
Blair County........
689. California Improve Rancho Sante 2.25
Fe Road in Carlsbad.
690. New York Renovate State Route 3.84
9 in Phillipstown...
691. Florida Construct Greater 1.00575
Orlando Aviation
Authority
Consolidated Surface
Access in Orlando...
692. Missouri Upgrade Route 169 5
between Smithville
and north of I-435,
Clay County.........
693. Virginia Renovate Greater 3.75
Richmond Transit
transportation
facility, Richmond..
694. Texas Conduct feasibility 0.1875
study on upgrading
SH 16 in South Texas
[[Page 112 STAT. 283]]
695. Florida Construct interchange 9.475
at 21st Street to
provide access to
Talleyrand Marine
Terminal............
696. Pennsylvania Gettysburg 3
comprehensive road
improvement study...
697. South Dakota Construct Eastern 34.804
Dakota expressways,
to include
construction of four-
lane highways for
South Dakota Highway
37 between Huron and
Mitchell; U.S.
Highway 83 between
Pierre and I-90; and
U.S. Highway 12
between Aberdeen and
I-29................
698. West Virginia Construct Shawnee 3.75
Parkway between
junction with I-73/
74 Corridor and I-77
699. Texas Construct State 25
Highway 121 from I-
30 to U.S. 67 in
Cleburne............
700. Ohio Improve and construct 2
SR 44/Jackson Street
Interchange in
Painesville.........
701. California Construct four-lane 2.25
highway facility
(Hollister Bypass),
San Benito County...
702. Florida Construct I-4 10.5
reversible safety
lane in Orlando.....
703. Ohio Relocate Harrison/ 2
Belmont U.S. 250....
704. Illinois Widen 143rd Street in 4
Orland Park.........
705. Tennessee Implement middle 9.5
Tennessee
alternative
transportation
system along the
Stones River in
Murfreesboro........
706. Florida Construct County Road 6
470 Interchange with
Florida Turnpike....
707. California Implement safety and 0.65
congestion
mitigation
improvements along
Pacific Coast
Highway, Malibu.....
708. Dist. of Columbia Conduct studies and 0.75
related activities
pertaining to
proposed intermodal
transportation
center..............
709. New Jersey Construct Route 31 11.55
Fleming Bypass in
Hunterdon County....
710. Massachusetts Construct TeleCom 5.25
Boulevard with
access via
Commercial Street
and Corporation Way
to the west of
Malden River and
with access via
Santilli Highway to
the east of the
river in Everett,
Medord and Malden...
711. Pennsylvania Improve access to 1.125
Raystown in
Huntingdon County...
712. Illinois Study upgrading 1.575
Illinois 13/127
between Murphysboro
and Pinckneyville...
713. Michigan Widen Arch Street, 0.06
Negaunee............
714. Georgia Widen U.S. 84 South 2.4
from U.S. 82 to the
Ware County Line in
Waycross and Ware
Counties............
715. Michigan Improve drainage on 0.1125
6th Street in
Menominee...........
716. Massachusetts Replace Brightman 7.23
Street bridge in
Fall River..........
717. Kentucky Construct Newton Pike 6
Extension between
West Main Street to
South Limestone in
Lexington...........
718. South Carolina Construct pedestrian 0.8
walkway and safety
improvements along
SC 277, Richland
County..............
[[Page 112 STAT. 284]]
719. Illinois Conduct Midwest 0.3
Regional intermodal
facility feasibility
study in Rochelle...
720. Pennsylvania Reconfigure I-81 Exit 0.525
2 Ramp in Franklin
County..............
721. Virginia Planning and design 1
for Coalfields
Expressway,
Buchanan, Dickenson,
and Wise Counties...
722. Virginia Construct the 1.5
Lynchburg/Madison
Heights bypass in
Lynchburg...........
723. Massachusetts Construct Cambridge 2.25
Roadways Improvement
project, Cambridge..
724. Connecticut Construct I-95 19.5
interchange, New
Haven...............
725. Pennsylvania Conduct study and 0.45
construct Ft.
Washington
transportation
improvements, Upper
Dublin ............
726. Michigan Reconstruct I-75/M 57 10.5
interchange.........
727. Minnesota Construct railroad 0.15
crossing connecting
University of MN
with City of
Crookston...........
728. Massachusetts Construct bicycle and 1.08
pedestrian facility
(The Riverwalk),
Peabody.............
729. Pennsylvania Upgrade PA 61 between 5
PA 895 and SR 2014,
Schuylkill County...
730. Tennessee Construct SR22 7.5
Bypass, Obion County
731. California Improve streets and 1.25
highways, and/or
construct sound
walls, Thousand Oaks
732. New York Complete engineering, 6
design, environment
reviews and other
preliminary work for
the Miller Highway
relocation project
in New York.........
733. Michigan Construct M 5 2.4
Haggerty Connector..
734. Pennsylvania Improve Sidling Hill 0.375
Curve and Truck
Escape in Fulton
County..............
735. Texas Construct 7.425
circumferential
freeway loop around
Texarkana...........
736. Massachusetts Reconstruct Route 2/ 2.7
Jackson Road
interchange,
Lancaster...........
737. Washington Improve Clinton Ferry 3.5
Terminal............
738. California Upgrade Bristol 5.25
Street, Santa Ana...
739. Pennsylvania Construct U.S. 30 3
Bypass from Exton
Bypass to PA 10.....
740. Maine Rehabilitate 3.9375
Piscataqua River
bridges, Kittery....
741. California Construct extension 6
of State Route 180
between Route 99 and
the Hughes/West
Diagonal............
742. California Construct Ocean 15
Boulevard and
Terminal Island
Freeway interchange
in Long Beach,
California..........
743. Nevada Extend I-580 in 3.75
Washie and Douglas
Counties............
744. Massachusetts Preliminary design of 1.5
Route 2 connector to
downtown Fitchburg..
745. Illinois Improve and construct 1.8
grade separation on
Cockrell Lane in
Springfield.........
746. Virginia Acquire land and 0.5
construct segment of
Daniel Boone
Heritage Trail (Kane
Gap section),
Jefferson National
Forest..............
747. Virginia Construct Route 288 18.75
in the Richmond
Metropolitan Area...
[[Page 112 STAT. 285]]
748. New York Construct congestion 3.75
mitigation project
for Brookhaven......
749. Ohio Construct Licking- 1.5
Thornwood Connector
in Licking County...
750. Louisiana Construct Florida 0.15
Expressway in St.
Bernard and Orleans
Parishes............
751. Georgia Construct North River 2.175
Causeway and Bridge,
St. Mary's County...
752. Missouri Upgrade Eastern 4.5
Jackson County,
Jackson County......
753. Texas Conduct MIS for 0.75
Multimodal Downtown
Improvement Project,
San Antonio.........
754. Kansas Construct road and 26.25
rail grade
separations in
Wichita.............
755. Florida Construct Cross 1.125
Seminole Trail
connection in
Seminole County.....
756. Oregon Upgrade I-5/Highway 5.25
217 interchange,
Portland............
757. Ohio Construct St. 0.5
Clairsville Bike
Path in Belmont
County..............
758. South Carolina Widen North Main 9
Street, Columbia....
759. Hawaii Upgrade Puuloa Road 6.75
between Kamehameha
Highway and Salt
Lake Boulevard......
760. Alabama Construct new I-10 10.78125
bridge over the
Mobile River in
Mobile..............
761. Alaska Construct Coffman 2.25
Cove ferryboat......
762. Ohio Upgrade U.S. 30 from 22.5
Wooster to Riceland.
763. Missouri Replace bridge on 1
Route 92, Platte
County..............
764. Maryland Reconstruct segment 6.75
of Baltimore Beltway
between U.S. 1 and I-
70..................
765. Minnesota Construct Gunflint 0.6
Realignment project,
Grand Marais........
766. Colorado Construct alternative 4.2
truck route in
Montrose............
767. Pennsylvania Improve I-95/PA 413 5.625
Interchange in Bucks
County..............
768. Hawaii Construct 15
improvements to H 1
between the Waiawa
interchange and the
Halawa interchange..
769. California Construct new I-95 2.2
interchange with
Highway 99W, Tehama
County..............
770. Florida Widen U.S. 17/92 in 1.35
Volusia County......
771. South Carolina Construct I-77/SC #S- 5.25
20-30 interchange,
Fairfield County....
772. Illinois Construct access road 1.125
to Melvin Price
Locks and Dam
Visitors Center,
Madison County......
773. Washington Reconstruct I-5 1.125
interchange, City of
Lacy................
774. Maryland Construct 5.5
improvements at I-
270/MD 187
interchange.........
775. Alabama Construct Finley 2.925
Avenue Extension
East project........
776. Connecticut Construct 6.3
Greenmanville Avenue
streetscape
extension, including
feasibility study,
in towns of Groton,
Stonington and
Mystic..............
777. Alabama Construct Anniston 40.14
Eastern Bypass from
I-20 to Fort
McClellan in Calhoun
County..............
[[Page 112 STAT. 286]]
778. Louisiana Construct Causeway 4
Boulevard/Earhart
Expressway
interchange in
Jefferson, Parish...
779. California Create recreational 6
trails in Santa
Monica Mountains
National Recreation
Area................
780. Georgia Widen and reconstruct 2.55
Corder Road from
Pineview Drive to
the Russell Parkway.
781. Massachusetts Construct Hyannis 2.4
Intermodal
Transportation
Center, Hyannis.....
782. Oregon Construct South 11
Rivergate rail
overcrossing in
Portland............
783. Arkansas Improve Arkansas 1.875
State Highway 59
from Rena Road to
Old Uniontown Road
in Van Buren........
784. Rhode Island Reconstruct Pawtucket 1.125
Avenue and Wilcott
Street, Pawtucket...
785. New Hampshire Improve the Bridge 1.036
Street bridge in
Plymouth............
786. Louisiana Install computer 4.875
signal
synchronization
system in Baton
Rouge...............
787. Pennsylvania Improve Oxford Valley 1.5
Road/U.S. 1
interchange in Bucks
County..............
788. Pennsylvania Construct U.S. 6 1.8
Tunkhannock Bypass
in Wyoming County...
789. Florida Construct U.S. 17/92 2.0625
and SR 436
interchange in
Orange/Osceola/
Seminole County
region..............
790. North Carolina Upgrade U.S. 13/NC 11 3.375
(including Bethel
bypass) in Pitt and
Edgecombe Counties..
791. Massachusetts Conduct planning and 0.8
engineering for
connector route
between I-95 and
industrial/business
park, Attleboro.....
792. Virginia Construct I-73 from 6
Roanoke to the North
Carolina border.....
793. California Upgrade Route 4 West 7.5
in Contra Costa
County..............
794. Florida Construct I-4/John 10.24425
Young Parkway
interchange project
in Orlando..........
795. Pennsylvania Construct U.S. 202 4.5
Section 600 Phase I
Early Action project
in Upper Gwynedd and
Lower Gwynedd.......
796. Alabama Construct Historic 0.5025
Whistler Bike Trail
in Prichard, Alabama
797. Missouri Upgrade Route 6 5
between I-29 and
Route AC, St. Joseph
798. Iowa Conduct study of Port 0.075
of Des Moines, Des
Moines..............
799. California Improve State Route 0.985
57 interchange at
Lambert Road in Brea
800. Pennsylvania Improve ramp 3
junctions at
intersection of SR
114 and Interstate
83, Fairview
Township............
801. Mississippi Upgrade Land Fill 0.75
Road, Panola County.
802. California Construct bike path 1.873
between Sepulveda
Basin Recreation
Area and Warner
Center/Canoga Park,
Los Angeles.........
803. Wisconsin Upgrade U.S. 51 3.75
Tomahark Bypass.....
804. North Carolina Construct segment of 2.025
Raleigh Outer Loop,
Wake County.........
[[Page 112 STAT. 287]]
805. Michigan Conduct feasibility 0.1875
study on widening
U.S. 12 to three
lanes between U.S.
127 and Michigan
Highway 50..........
806. California Widen U.S. 101 from 1.1
Windsor to Arata
Interchange.........
807. Oregon Upgrade access road 1.5
and related
facilities to Port
of Port Orford......
808. Pennsylvania Allegheny Trail from 6
Pittsburgh,
Pennsylvania to
Cumberland, Maryland
809. Texas Improve I-35 West 3
from Spur 280 to I-
820 in Fort Worth...
810. Michigan Reconstruct County 0.6825
Road 612 and County
Road 491,
Montmorency County..
811. California Improve Folsom 4.275
Boulevard--Highway
50 in the City of
Folsom..............
812. Illinois Improve Illinois 1.725
Route 29 in Sangamon
and Christian
Counties............
813. Tennessee Upgrade SR 386 1.06
between U.S. 31 to
the Gallatin Bypass,
Sumner County.......
814. Washington Improve primary truck 4.9
access route on East
Marine View Drive,
FAST corridor in
Washington..........
815. Minnesota Construct grade 0.75
separated
interchange at south
junction of TH 371/
Brainerd bypass.....
816. California Upgrade Greenville 5.1
Road and construct
railroad underpass,
Livermore...........
817. Washington Construct State Route 3.15
305 corridor
improvements in
Poulsbo.............
818. Tennessee Widen U.S. 321 from 6.825
Kinzel Springs to
Wean Valley Road....
819. Iowa Construct the Julien 21
Dubuque Bridge over
the Mississippi
River at Dubuque....
820. Michigan Conduct preliminary 1.125
engineering, acquire
right-of-way and
construct I-75/North
Down River Road
interchange.........
821. Virginia Conduct historic 0.5
restoration of
Roanoke Passanger
Station in Roanoke..
822. New York Undertake Linden 5.25
Place reconstruction
project, Queens.....
823. Illinois Reconstruct 23.495
interchange at I-
294, 127th Street
and Cicero Avenue
with new ramps to
the Tri-State
Tollway, Alsip......
824. Louisiana Improve U.S. 165 from 30
Alexandria to Monroe
825. Pennsylvania Construct Western 2.7
Innerloop from PA 26
to State Route 3014.
826. Alaska Improve Dalton 3.75
Highway.............
827. Pennsylvania Relocate U.S. 219, 3.75
Ridgeway,
Pennsylvania, truck
bypass connector
along Osterhout
Street..............
828. Mississippi Widen State Route 24 0.6875
from Liberty to I-55
829. California Widen I-15 in San 18
Bernardino County...
830. Virginia Complete North 7.5
Section of Fairfax
County Parkway in
Fairfax County......
831. New York Rehabilitate segment 1.5
of Henry Hudson
Parkway between
Washington Bridge
and Dyckman Street,
New York City.......
832. Iowa Relocate IA 192 and 4.5
Avenue G viaduct in
Council Bluffs......
[[Page 112 STAT. 288]]
833. Pennsylvania Improve T-344 Bridge 0.525
over Mahantango
Creek in Snyder
County..............
834. California Construct Phase 3 of 2.5
Alameda Street
project, Los Angeles
835. Texas Construct Texas State 4.8
Highway 49 between
FM 1735 to Titus/
Morris County line..
836. Virginia Construct access road 2.7
and related
facilities for
Fisher Peak Mountain
Music Interpretive
Center on Blue Ridge
Parkway.............
837. Michigan Construct grade 5.25
separation on
Sheldon Road,
Plymouth............
838. Michigan Upgrade Three Mile 0.75
Road, Grand Traverse
839. Ohio Relocate SR 30 for 1
final design of
south alternative in
Carroll County......
840. Tennessee Improve State Road 60 1.2
from Waterville to
U.S. 64 in Bradley
County..............
841. Washington Construct 192nd 3.75
Street from SR 14 to
SE 15...............
842. Wisconsin Reconstruct U.S. 9
Highway 10, Waupaca
County..............
843. Minnesota Upgrade Highway 73 2.775
from 4.5 miles north
of Floodwood to 22.5
miles north of
Floodwood...........
844. New York Reconstruct 4.375
Mamaroneck Avenue,
White Plains,
Harrison and
Mamaroneck..........
845. Pennsylvania Reconfigure 0.375
Pennsylvania
Turnpike/Route 13
interchange.........
846. Pennsylvania Widen and improve 0.75
Route 449 in Potter
County..............
847. Puerto Rico Upgrade PR 3 between 6
Rio Grande and
Fajardo.............
848. Illinois Construct Peoria City 3
River Center parking
facility in Peoria..
849. New Jersey Construct Route 29/ 4.125
129 bicycle,
pedestrian and
landscape
improvement plan....
850. Tennessee Upgrade Briley 4.2
Parkway between
McGavock Pike and I-
65..................
851. Connecticut Widen Route 4 in 2.1
Torrington..........
852. California Widen 5th Street and 0.75
replace 5th Street
bridge in Highland,
California..........
853. Wisconsin Construct U.S. 3
Highway 10, Freemont
to Appleton.........
854. Missouri Upgrade U.S. 71 0.75
interchange in
Carthage, Missouri..
855. New York Construct Fordham 1.75
University regional
transportation
facility............
856. Missouri Upgrade U.S. 63 in 6
Howell County.......
857. Alabama Construct East Foley 5.25
corridor project
from Baldwin County
Highway 20 to State
Highway 59..........
858. New York Reconstruct 1.7
Washington County
covered bridge
project.............
859. California Upgrade Route 4 East 8.5
in Contra Costa
County..............
860. Pennsylvania Complete Broad Street 1.6725
ramps at Route 611
bypass in Bucks
County..............
861. Missouri Construct Strother 3
Road/I-470
interchange, Jackson
County..............
[[Page 112 STAT. 289]]
862. Massachusetts Upgrade Route 9/ 9.375
Calvin Coolidge
Bridge, Hadley......
863. Ohio Rail mitigation and 9
improvement projects
from Vermillion to
Conneaut............
864. Massachusetts Construct I-95/I-93 3.75
interchange, Boston.
865. West Virginia Construct Riverside 27
Expressway, Fairmont
866. Ohio Construct greenway 2.3
enhancements in
Madison.............
867. Tennessee Reconstruct U.S. 27 2.25
in Morgan County....
868. West Virginia Upgrade U.S. Route 35 31
between I-64 and
South Buffalo Bridge
869. California Construct I-5/Avenida 2.25
Vista Hermosa
interchange in San
Clemente............
870. Missouri Upgrade Route 36 20
between Hamilton and
Chillicothe.........
871. Illinois Replace Lebanon 0.75
Avenue Bridge and
approaches,
Belleville..........
872. Kentucky Construct U.S. 127: 8.41125
$5,250,000 for the
Albany Bypass from
KY696 to Clinton
County High School
and $3,161,250 for
the segment between
KY696 and the
Tennessee State Line
873. Tennessee Improve U.S. 64 in 3.75
Hardeman and McNairy
Counties............
874. Connecticut Replace bridges over 4.9125
Harbor Brook,
Meriden.............
875. Colorado Reconstruct I-225/ 3.625
Iliff Avenue
interchange in
Aurora..............
876. Connecticut Reconstruct I-84 4.5
between vicinity of
Route 69 in
Waterbury and Marion
Avenue in
Southington.........
877. New York Improve Cross 0.75
Westchester
Expressway..........
878. Oregon Design and 0.225
engineering for
intermodal
transportation
center, Astoria.....
879. Hawaii Construct Kapaa 8.25
Bypass..............
880. Pennsylvania Construct 3
enhancements and
related measures,
including purchase
of vans for reverse
commutes, to
intermodal facility
located at
intersection of 52nd
and Lancaster
Avenue, Philadelphia
881. Washington Construct Edmonds 4.5
Crossing Multimodal
transportation
project in Edmonds..
882. Ohio Construct Chagrin 1.045
River/Gulley Brook
corridor scenic
greenway along I-90
in Lake County......
883. California Construct interchange 7.5
between I-15 and
Main Street in
Hesperia, California
884. Texas Reconstruct State 0.9705
Highway 87 between
Sabine Pass and
Bolivar Penninsula,
McFadden Beach......
885. California Widen State Route 29 0.275
between Route 281
and Route 175.......
886. New York Construct Hudson 0.336
River scenic
overlook from Route
9 to Waterfront in
Poughkeepsie........
887. Indiana Expand 126th Street 0.75
in Carmel...........
888. Florida Widen Gunn Highway 1.5
between Erlich Road
and South Mobley
Road in Hillsborough
County..............
[[Page 112 STAT. 290]]
889. Pennsylvania Relocate PA 113 at 2.7
Creamery Village in
Skippack............
890. Michigan Upgrade Van Dyke Road 2.775
between M 59 and
Utica City limits...
891. New Jersey Replace the Ocean 19.5
City-Longport bridge
in Cape May County..
892. New York Construct County Road 0.515
93 between NYS 27
and NYS 454.........
893. Mississippi Upgrade Brister Road 0.3825
between Tutwiler and
Coahoma County line,
Tallahatchie County.
894. California Conduct highway 65 4.275
improvement and
mitigation project..
895. Michigan Construct road 0.18
drainage
improvements,
Suttons Bay Village.
896. Pennsylvania Construct 25.5 miles 0.486
of the Perkiomen
Trail...............
897. Illinois Upgrade Bishop Ford 1.125
Expressway/142nd
Street interchange..
898. Maine Implement rural ITS.. 0.1875
899. Mississippi Widen U.S. 84 from I- 0.6875
55 at Brookhaven to
U.S. 49 at Collins..
900. Washington Widen Columbia Center 1.2075
Boulevard in
Kennewick...........
901. Indiana Repair signal wires, 0.275
grade-crossing
warning devices and
other safety
protections along
South Shore Railroad
between Gary and
Michigan City.......
902. Florida Replace St. Johns 10.5
River Bridge in
Volusia and Seminole
Counties............
903. Louisiana Construct East-West 0.75
Corridor project in
Southwest Louisiana.
904. New York Improve and 0.28
reconstruct Commerce
Street in York Town.
905. Washington Widen SR 522 in 5.2
Snohomish County:
$3,650,000 for phase
1 from SR 9 to Lake
Road; $1,550,000 to
construct segment
from Paradise Lake
Road to Snohomish
River Bridge........
906. New Jersey Design and construct 1
pedestrian access
facility from Joseph
G. Minish Waterfront
Park over Route 21
to the New Jersey
Performing Arts
Center and the
contiguous light
rail station in
Newark..............
907. Kentucky Construct a segment 11.25
of the I-66 corridor
from Somerset to I-
75..................
908. Michigan Construct arterial 0.375
connector between
U.S. 41/M 28 and
County Road 480,
Marquette...........
909. Wisconsin Upgrade State Highway 9
29 between Green Bay
and Wausau..........
910. Georgia Construct surface 29.25
transportation
facilities along
Atlanta-Griffin-
Macon corridor......
911. Oregon Repair Port of Hood 1.125
River Bridge Lift
Span project........
912. Pennsylvania Construct noise 0.36
abatement barriers
along U.S. 581 from
I-83 2.0) miles west
in Cumberland County
913. Texas Widen Highway 287 5.125
from Creek Bend
Drive to Waxahacie
bypass..............
[[Page 112 STAT. 291]]
914. Oregon Design and 0.375
engineering for
Tualatin-Sherwood
Bypass..............
915. Texas Implement ``Hike and 6
Bike'' trail
program, Houston....
916. New Hampshire Widen I-93 from Salem 9.36
north...............
917. Tennessee Construct State Route 7.74
30 from Athens to
Etowah in McMinn
County..............
918. California Undertake median 0.75
improvements along
E. 14th Street, San
Leandro.............
919. New Jersey Construct Toms River 2.25
bridge project
connecting Dover and
South Toms River
Borough.............
920. New York Improve ferry 0.75
infrastructure in
Greenport...........
921. Puerto Rico Upgrade PR 30 between 6
PR 203 in Gurabo to
PR 31 in Juncos.....
922. Pennsylvania Improve access and 3
interchange from I-
95 to the
international
terminal at
Philadelphia
International
Airport.............
923. New Hampshire Construct Orford 2.836
Bridge..............
924. Massachusetts Construct roadway 5.78775
improvements on
Crosby Drive and
Middlesex Turnpike,
Beford, Burlington
and Billerica.......
925. Illinois Reconstruct 0.216
Midlothian Turnpike,
Robbins.............
926. California Plan, design and 3
construct
interchange between
I-15 and Sante Fe
Road in Barstow.....
927. Pennsylvania Reconstruct and widen 19
U.S. Route 222 to
four-lane expressway
between Lancaster/
Berks County line
and Grings Mill Road
and construction of
Warren Street
extension in Reading
928. Maryland Upgrade roads within 2.4
Leakin Park
Intermodal Corridor,
Baltimore...........
929. Washington Widen SR522 from SR 9 3.6
to Paradise Lake
Road................
930. New York Construct NYS Route 4.215
27 at intersection
of North Monroe
Avenue..............
931. Michigan Construct Detroit 15
Metropolitan/Wayne
County South Access
Road................
932. Illinois Reconstruct U.S. 6, 1.245
Harvey..............
933. New York Redesign Grand 9.75
Concourse to enhance
traffic flow and
related enhancements
between E. 161st
Street and Fordham
Road, New York City.
934. Ohio Construct Black River 3.45
intermodal
transportation
center..............
935. Connecticut Rehabilitate Route 2.025
202 bridge in New
Milford.............
936. Pennsylvania Construct park and 1.125
ride facilities in
Lower Bucks County..
937. Pennsylvania Widen U.S. 11/15 3.75
between Mt. Patrick
and McKees Half
Falls in Perry
County..............
938. Illinois Undertake Industrial 3.2625
Transportation
Improvement Program
in Chicago..........
939. California Improve streets and 0.65
construct bicycle
paths, Agoura Hills.
940. California Implement City of 3.75
Compton traffic
signal systems
improvements........
941. Texas Construct relief 0.1875
route around Alice..
942. California Reconstruct Harbor 1.5
Boulevard/SR22
Interchange, City of
Garden Grove........
[[Page 112 STAT. 292]]
943. North Carolina Upgrade U.S. 158 2.25
(including bypasses
of Norlina, Macon
and Littleton) in
Halifax and Warren
Counties............
944. Utah Construct 7800 South 5.85
from 1300 West to
Bangerter Highway in
West Jordan.........
945. Utah Widen and improve 4.5
123rd/126th South
from Jordan River to
Bangerter Highway in
Riverton............
946. Kentucky Construct U.S. 127 4.35
Jamestown Bypass....
947. Minnesota Upgrade Cass County 0.72
Road 105 and Crow
Wing County Road
125, East Gull Lake.
948. Arkansas Construct Highway 82 5.375
from Hamburg to
Montrose............
949. Louisiana Construct Port of 0.525
South Louisiana
Connector in Saint
John the Baptist
Parish..............
950. Oregon Rehabilitate Broadway 7.5
Bridge in Portland..
951. Louisiana Construct Metairie 6
Rail Improvements
and Relocation
project in Jefferson
and Orleans Parishes
952. Washington Construct Port of 1.875
Longview Industrial
Rail Corridor and
Fibre Way Overpass
in Longview.........
953. New York Study transportation 1
improvements for
segments of
Hutchinson River
Parkway and New
England Thruway
through the
Northeast Bronx.....
954. West Virginia Construct I-73/74 9.05
Corridor, including
connectors with WV
Route 44 and County
Route 13 (Gilbert
Creek), Mingo County
955. Washington Improve I-90/Sunset 14.85
Way interchange in
Issaquah............
956. Indiana Construct Marina 1
Access Road in East
Chicago.............
957. Alabama Construct bridge over 10
Tennessee River
connecting Muscle
Shoals and Florence.
958. Illinois Resurface 63rd Street 0.5625
from Western Avenue
to Wallace, Chicago.
959. North Carolina Upgrade Highway 55 17.25
between U.S. 64 and
State Route 1121,
Wake and Durham
Counties............
960. Indiana Upgrade Ridge Road 3.3
between Griffith and
Highland............
961. Missouri Construct Hermann 1.1
Bridge on Highway 19
in Montgomery and
Gasconade Counties..
962. New Jersey Replace Groveville- 2.4
Allentown Road
bridge in Hanilton..
963. Missouri Upgrade U.S. 60 in 20.25
Carter County.......
964. Georgia Construct the Fall 17.25
Line Freeway from
Bibb to Richmond
Counties............
965. Pennsylvania Construct American 3
Parkway Bridge
project in Allentown
966. Georgia Upgrade U.S. Route 19 3.75
between Albany and
Thomaston...........
967. Georgia Construct noise 0.75
barriers on the west
side of I-185
between Macon Road
and Airport Thruway
and on I-75 between
Mt. Zion Road and
Old Dixie Highway in
the Atlanta area....
[[Page 112 STAT. 293]]
968. Oregon Construct I-205/ 17.2
Sunnyside/Sunnybrook
interchange and
related extrension
road, Clackamas
County..............
969. Minnesota Widen Trunk Highway 9.75
14/52 from 75th
Street, NW to Trunk
Highway 63 in
Rochester...........
970. Minnesota Upgrade CSAH 61 0.9
between TH324 and
Snake River.........
971. Utah Construct underpass 3.51
at 100th South in
Sandy...............
972. California Improve roadway to 0.75
provide access to
Hansen Dam
Recreation Area in
Los Angeles.........
973. New York Construct Erie Canal 2.25
Preserve I-90 rest
stop in Port Byron..
974. Massachusetts Construct bike path 1.275
between Route 16
(Everett) to Lynn
Oceanside...........
975. Tennessee Construct Kingsport 1.5
Highway in
Washington County...
976. Mississippi Widen State Route 6 11.25
from Pontotoc to
U.S. 45 at Tupelo...
977. Tennessee Construct pedestrian 2.25
and bicycle pathway
to connect with the
Mississippi River
Trail, and restore
adjacent historic
cobblestones on
riverfront, Memphis.
978. California Construct 6.5
improvements to
Harry Bridges
Boulevard, Los
Angeles.............
979. Nebraska Construct NE 35 3.375
alternative and
modified route
expressway in
Norfolk and Wayne...
980. Michigan Upgrade Davison Road 3.2
between Belsay and
Irish Roads,
Genessee County.....
981. West Virginia Relocate segment of 4
Route 33 (Scott
Miller Bypass),
Roane County........
982. California Rehabilitate B Street 0.525
between Foothill
Boulevard and Kelly
Street, Hayward.....
983. Pennsylvania Construct exit ramp 7.875
on I-180 at State
Route 2049 in
Lycoming County.....
984. California Improve streets and 0.466
related bicycle lane
in Oak Park, Ventura
County..............
985. Ohio Upgrade 11 warning 0.825
devices on the rail
north/south line
from Toledo to
Deshler.............
986. Alabama Expand U.S. 278 in 5.4
Cullman County......
987. California Improve the Avenue H 4.575
overpass in
Lancaster...........
988. New York Construct U.S. 219 20
from Route 39 to
Route 17............
989. Texas Widen State Highway 5.175
35 from SH288 in
Angleton to FM521
and dedicate
$630,000 to the
acquisition of right-
of-way in Brazoria
County..............
990. Alaska Extend Kenai Spur 6
Highway-North Road
in Kenai Peninsula
Borough.............
991. Washington Construct Interstate 17.625
405/NE 8th Street
interchange project
in Bellevue.........
992. Tennessee Implement ITS 2.8
technologies,
Nashville...........
993. Texas Construct Galveston 0.5475
Island Causeway
Expansion project,
Galveston...........
994. Michigan Improve I-69 in 1.875
Branch, Eaton and
Calhoun Counties....
995. California Improve streets in 1
Canoga Park and
Reseda areas, Los
Angeles.............
[[Page 112 STAT. 294]]
996. Illinois Undertake 2
improvements to
127th Street, Cicero
Avenue and Route 83
to improve safety
and facilitate
traffic flow,
Crestwood...........
997. Ohio Construct new traffic 0.06
signal and
intersection upgrade
for Village of
Hebron in Licking
County..............
998. California Upgrade U.S. 101 from 0.65
Eureka to Arcata....
999. Pennsylvania Construct bicycle and 0.4
pedestrian facility
between Washington's
Landing and Millvale
Borough, Allegheny
County..............
1000. New York Construct Maybrook 1.404
Corridor bikeway in
Dutchess County.....
1001. California Construct I-10/Barton 3.75
Road West/Anderson
Street connection...
1002. Mississippi Construct Jackson 7.5
International
Airport Parkway and
connectors from High
Street to the
Jackson
International
Airport in Jackson..
1003. New Jersey Upgrade I-78 3.725
interchange and West
Peddie Street ramps,
Newark..............
1004. California Implement enhanced 1.5
traffic access
between I-10, area
hospitals and
southern portion of
Loma Linda..........
1005. Ohio Construct SR 711 25
connector four-lane
limited access
highway in Mahoning
County..............
1006. Iowa Extend NW 86th Street 5.25
from NW 70th Street
to Beaver Drive in
Polk County.........
1007. California Construct State Route 3
56 North connectors
at I-5 and North and
South connectors at
I-15 in San Diego...
1008. Arkansas Construct the Ashdown 3.875
Bypass/Overpass in
Ashdown.............
1009. Colorado Reconstruct and 9
upgrade I-70/I-25
Interchange, Denver.
1010. Louisiana Construct Zachary 1
Taylor Parkway
project.............
1011. Michigan Upgrade Rochester 9.225
Road between I-75
and Torpsey St......
1012. Louisiana Construct I-10/ 6
Louisiana Avenue
interchange.........
1013. New York Construct County 7.577
Route 21, Peeksill
Hollow Road
renovation project..
1014. Georgia Undertake Perimeter 0.075
Central Parkway
Overpass project and
Ashford Dunwoody
interchange
improvements at I-
285, De Kalb County.
1015. Minnesota Upgrade Highway 53 1.5
between Virginia and
Cook................
1016. New York Initiate study and 1.5
subsequent
development and
engineering of an
international trade
corridor in St.
Lawrence County.....
1017. California Construct Alameda 2.205
Corridor East, San
Gabriel Valley......
1018. Arkansas Upgrade Highway 63, 10
Marked Tree to Lake
David...............
1019. Louisiana Congestion mitigation 2.25
and safety
improvements to the
Central thruway in
Baton Rouge.........
[[Page 112 STAT. 295]]
1020. Maryland Reconstruct Baltimore 11.25
Washington Parkway
at Route 197, Prince
Georges County......
1021. Ohio Construct Wilmington 3.75
Bypass, Wilmington..
1022. Texas Construct Houston 5.125
Street Viaduct
project in Dallas...
1023. West Virginia Construct I-73/74 15
Corridor, including
interchange with
U.S. 460, Mercer
County..............
1024. Massachusetts Reconstruct Pleasant 1.2
Street-River
Terrace, Holyoke....
1025. Ohio Improve and widen SR 6.17
45 from North of the
I-90 interchange to
North Bend Road in
Ashtabula County....
1026. Rhode Island Install directional 0.225
signs in Newport and
surrounding
communities.........
1027. Minnesota Construct Highway 210 0.48
trail/underpass,
Brainerd/Baxter.....
1028. Florida A-1-A Beautification 3.3
project in Daytona..
1029. Ohio Widen Licking SR 79- 9
06.65 (PID 8314) in
Licking County......
1030. Texas Relocate railroad 4.5
tracks to eliminate
road crossings, and
provide for the
rehabilitation of
secondary roads
providing access to
various parts of the
Port and the
construction of new
connecting roads to
access new
infrastructure
safely and
efficiently,
Brownsville.........
1031. Oklahoma Reconstruct U.S. 70 3.93
from Broken Bow to
Arkansas State line
in McCurtain County.
1032. Tennessee Improve County Road 3.75
374 in Montgomery
County..............
1033. Virginia Enhance Maple Avenue 2.025
streetscape in
Vienna..............
1034. Connecticut Widen Route 10 from 3.48
vicinity of Lazy
Lane to River Street
in Southington......
1035. Florida Widen U.S. 192 18.75
between County Route
532 and I-95 in
Brevard and Osceola
Counties............
1036. Louisiana Construct Leeville 1.125
Bridge on LA 1......
1037. Illinois Construct I-57 8.15
interchange, Coles
County..............
1038. Massachusetts Upgrade Route 2 3
between Philipston
and Greenfield......
1039. New Jersey Construct and/or 2
reconstruct
intermodal
transportation and
maintenance facility
in Union City in
order to replace the
NJ Transit depot....
1040. Illinois Construct Technology 2.735
Avenue between U.S.
Route 45 East to
Willenborg Street,
Effingham...........
1041. New Jersey Replace Maple Grange 1.35
Road bridge over
Pochuck Creek in
Sussex County.......
1042. New York Construct CR 96 from 0.275
Great South Bay to
Montauk Highway in
Suffolk County......
1043. Virginia Construct connector 5.25
road from the
proposed U.S. 58
Stuart bypass to
Route 8 South
beginning at the
intersection of
Johnson Street in
Stuart to Route 652.
[[Page 112 STAT. 296]]
1044. Pennsylvania Replace bridge over 0.75
Shermans Creek in
Carroll.............
1045. Connecticut Construct bicycle and 0.9
pedestrian walkway,
Town of East
Hartford............
1046. Ohio Construct grade 14.25
separations at Front
Street and Bagley
Road, Berea.........
1047. Alabama Upgrade SR 5 in Perry 1.275
County..............
1048. Connecticut Implement Trinity 5.1075
College Area road
improvements,
Hartford............
1049. Louisiana Construct North/South 5
Road/I-10-U.S. 61
connection in Kenner
1050. New Jersey Design and 3.45
construction Belford
Ferry Terminal in
Belford.............
1051. Michigan Construct safety 0.75
enhancements at rail
crossings, Linden,
Fenton, Swartz Creek
and Gaines..........
1052. California Extend 7th Street 1.5
between F Street and
North 7th Street,
Sacramento..........
1053. Massachusetts Upgrade Spring Street 1.5
between Bank and
Latham Streets,
Williamstown........
1054. California Complete Citraeado 2.25
Parkway project in
San Diego County....
1055. Indiana Conduct railroad 0.045
relocation study in
Muncie..............
1056. Connecticut Improve Route 4 1.35
intersection in
Harwinton...........
1057. Missouri Widen U.S. 63 in 31.5
Randolph and Boone
Counties............
1058. New York Construct City of 3.75
Glen Cove waterfront
improvements........
1059. Illinois Reconstruct 1.05
Greenbriar Road with
construction of new
turn lanes in
vicinity of John A.
Logan College in
Carterville.........
1060. Tennessee Construct bridge and 9.9
approaches on State
Route 33 over the
Tennessee River
(Henley Street
Bridge).............
1061. Ohio Construct SR 315 Ohio 3.5
State University
Ramp project in
Franklin County.....
1062. Nevada Improve at-grade 1.875
railroad crossings
in Reno.............
1063. Pennsylvania Construct 5.25
Williamsport-
Lycoming County
Airport Access road
from I-180 to the
airport.............
1064. Minnesota Construct bicycle and 2.25
pedestrian facility
(Mesabi Trail), St.
Louis County........
1065. Florida Widen State Road 44 1.6875
in Volusia County...
1066. Missouri Upgrade MO Route 150, 4.5
Jackson County......
1067. Nebraska Construct bridge in 3
Newcastle...........
1068. Pennsylvania Construct PA 36 0.75
Convention Center
Connector in Blair
County..............
1069. Illinois Rehabilitate Western 0.825
Springs Arterial
Roadway, Cook County
1070. California Rehabilitate Highway 0.375
1 in Guadalupe......
1071. Utah Widen 7200 South in 0.99
Midvale.............
1072. Iowa Construct I-29 4.65
airport interchange
overpass in Sioux
City................
1073. Florida Restore and 1.35
rehabilitate Miami
Beach Bridge and
waterfront in Miami
Beach, Florida......
1074. Washington Improve Huntington 0.5625
Avenue South in
Castle Rock.........
[[Page 112 STAT. 297]]
1075. Minnesota Implement Trunk 12.475
Highway 8 Corridor
projects, Chisago
County..............
1076. Michigan Relocate U.S. 31 from 13.5
River Road to Naomi
Road in Berrian
County..............
1077. South Carolina Construct I-95/I-26 8.5
interchange,
Orangeburg County...
1078. Texas Upgrade State Highway 6.92
35 Houston District
Brazoria County.....
1079. Maryland Improve Halfway 3
Boulevard east and
west of Exit 5, I-81
in Washington County
1080. California Upgrade D Street 0.9
between Grand and
Second Streets,
Hayward.............
1081. New Jersey Undertake 12
improvements
associated with the
South Amboy Regional
Intermodal Center...
1082. New York Replace Kennedy-class 30
ferries, Staten
Island..............
1083. Texas Expand Winters 8.4
Freeway (U.S. 83/84)
in Abilene between
Southwest Drive and
U.S. 277............
1084. Maine Replacement and 6
renovation of
Carlton Bridge, Bath/
Woolwich............
1085. New York Rehabilitate Jay 0.75
Covered Bridge in
Essex County........
1086. Minnesota Construct Elk River 2.4
bypass from 171st
Avenue at Highway 10
to intersection of
County Roads 12 and
13 at Highway 169...
1087. Pennsylvania Construct Route 72 6.6075
overpass at Conrail
in Lebanon..........
1088. Indiana Upgrade Route 31 and 4.5
other roads, St.
Joseph and Elkhart
Counties............
1089. California Install call boxes 0.216
along Highway 166
between intersection
with Highway 101 and
junction with
Highway 33..........
1090. New Hampshire Construct 2.536
Chestersfield Bridge
1091. Oregon Construct bike path 1.17
between Terry Street
and Greenhill Road,
Eugene..............
1092. Dist. of Columbia Conduct MIS of light 0.75
rail corridors......
1093. Arkansas Enhance area in the 1.125
vicinity of Dickson
Street in
Fayetteville........
1094. Pennsylvania Extend North Delaware 4.2
Avenue between Lewis
Street and Orthodox
Street, Philadelphia
1095. Indiana Reconstruct Wheeling 1.2
Avenue in Muncie....
1096. Ohio Construct interchange 3.5
at I-480 in
Independence........
1097. Pennsylvania Relocate PA 18 1.05
between 9th Avenue
and 32nd Street,
Beaver Falls........
1098. Alabama Construct Eastern 1.01625
Shore Trail project
in Fairhope.........
1099. Maine Studies and planning 2.125
for extension of I-
95..................
1100. Alabama Replace bridge over 2.25
Tombigbee River,
Naheola.............
1101. Illinois Reconstruct Cossitt 1.485
Avenue in LaGrange..
1102. New York Improve Broadway in 1.26
North Castle in
Westchester County..
1103. New York Construct access 12
improvements to Port
of Rochester Harbor,
Rochester...........
1104. Illinois Reconstruct Broad 0.2625
Street between Maple
Street to Sixth
Street, Evansville..
[[Page 112 STAT. 298]]
1105. California Widen SR 71 from 13
Riverside County to
SR 91...............
1106. Alabama Construct 0.675
improvements to 19th
Street between I-59
and Tuxedo Junction,
Birmingham..........
1107. Pennsylvania Improve safety on PA 6
41 from U.S. 30 to
PA 926..............
1108. Texas Construct 6th and 7th 0.375
Street overpass over
railroad yard,
Brownsville.........
1109. California Upgrade intersection 7.5
of Folsom Boulevard
and Power Inn Road,
Sacramento..........
1110. Illinois Replace Gaumer Bridge 0.9
near Alvin..........
1111. Minnesota Upgrade TH6 between 0.9
Talmoon and Highway
1...................
1112. Michigan Extend Trowbridge 1.875
Road from Harrison
Road to Red Cedar
Road................
1113. New York Reconstruct Flushing 2.25
Avenue between
Wycoff Avenue and
Gates Street........
1114. California Construct I-580 9.9
interchange,
Livermore...........
1115. Illinois Upgrade South Lake 5.85
Shore Drive between
47th and Hayes,
Chicago.............
1116. Pennsylvania Improve PA 26 in 0.75
Huntingdon County...
1117. Virgin Islands Construct bypass 6
around Christiansted
1118. New Mexico Complete the Paseo 3.325
del Norte East
Corridor in
Bernalillo County...
1119. California Upgrade Industrial 0.45
Parkway Southwest
between Whipple Road
and improved segment
of the parkway,
Hayward.............
1120. Kansas Widen U.S. 81 from 20.85
Minneapolis, Kansas
to Nebraska.........
1121. New York Construct sound 0.375
barriers on Grand
Central Parkway
between 244th Street
and Douglaston
Parkway.............
1122. New York Construct Bike Paths 0.25
along the Bronx
River in Bronx Park.
1123. Pennsylvania Conduct preliminary 0.75
engineering and
design for the U.S.
219 bypass of
Bradford............
1124. Utah Widen and improve 6.3
123rd/126th South
from 700 East to
Jordan River in
Draper..............
1125. California Construct Olympic 5
Training Center
Access road, Chula
Vista...............
1126. Florida Pedestrian safety 5.1
initiative on U.S.
19 in Pinellas
County..............
1127. Texas Construct U.S. 2.625
Highway 59 railroad
crossing overpass in
Texarkana...........
1128. Illinois Widen and improve 6
U.S. 34 intechange
in Aurora...........
1129. Connecticut Construct Hartford 2.64
Riverwalk South,
Hartford............
1130. New York Rehabilitate 1
transportation
facilities in CO-OP
City................
1131. Florida Widen and realign 4.2
Eller Drive in Port
Everglades..........
1132. Mississippi Construct I-20 0.75
interchange at
Pirate Cove.........
1133. Mississippi Widen U.S. 98 from 0.6875
Pike County to
Foxworth............
1134. Pennsylvania Improve Route 219 in 0.75
Clearfield County...
1135. Michigan Replace Barton Road/M 0.75
14 interchange, Ann
Arbor...............
[[Page 112 STAT. 299]]
1136. Nebraska Construct the 5.625
Antelope Valley
Overpass in Lincoln.
1137. New York Reconstruct Niagara 2.625
Street, Quay Street,
and 8th Street
including
realignment of Qual
Street and 8th
Avenue in Niagara
Falls...............
1138. California Upgrade and 17.25
synchronize traffic
lights in the
Alameda Corridor
East in Los Angeles
County..............
1139. Illinois Widen U.S. 20 in 3.825
Freeport............
1140. Kentucky Reconstruct Liberty 6
and Todd Roads,
Lexington...........
1141. New Jersey Upgrade Montvale/ 0.375
Chestnut Ridge Road
and Grand Avenue
intersection at
Garden State Parkway
in Bergan County....
1142. California Widen SR 23 between 10.5
Moorpark and
Thousand Oaks.......
1143. Utah Extend Main Street 10.35
from 5600 South to
Vine Street in
Murray..............
1144. Pennsylvania Construct access road 3.05
to Hastings
Industrial Park,
Cambria County......
1145. New Jersey Improve Old York Road/ 4.98
Rising Run Road
intersection in
Burlington..........
1146. Michigan Construct 0.015
deceleration lane in
front of 4427 Wilder
Road, Bay City......
1147. Pennsylvania Construct I-81 noise 0.48
abatement program in
Dauphin County......
1148. Washington Construct Peace Arch 4.9
Crossing of Entry
(PACE) lane in
Blaine..............
1149. New York Traffic Mitigation 3
Project on William
Street and Losson
Road in Cheektowaga.
1150. Arkansas Construct North Belt 5.25
Freeway.............
1151. Ohio Improve and widen SR 4.25
91 from SR 43 south
to county line/city
line in Solon.......
1152. Texas Upgrade U.S. Route 59 12
between U.S. 281 to
I-37................
1153. Michigan Construct M 24 2
Corridor from I-69
to southern Lapeer
County..............
1154. Tennessee Construct greenway 3.2
and bicycle path
corridor, City of
White House.........
1155. Massachusetts Rehabilitate Union 12
Station in
Springfield.........
1156. Pennsylvania Install city-wide 0.75
signalization (SAMI)
project in Lebanon..
1157. Washington Widen SR 543 from I-5 10.2
to International
Boundary............
1158. Hawaii Replace Sand Island 0.75
bridge..............
1159. West Virginia Upgrade Route 10 50
between Logan and
Man.................
1160. Florida Expand Palm Valley 3.1
Bridge in St. Johns
County..............
1161. Michigan Improve U.S. 31 from 2.25
Holland to Grand
Haven...............
1162. Florida Upgrade U.S. 319 3.75
between I-10 and the
Florida/Georgia
State line..........
1163. Colorado Improve SH 74/JC 73 4.188
interchange, City of
Evergreen in
Jefferson County....
1164. Pennsylvania Improve Route 94 6
Corridor through
Hanover to Maryland
State Line..........
1165. California Undertake San Pedro 1.125
Bridge project at SR
1, Pacifica.........
[[Page 112 STAT. 300]]
1166. Michigan Upgrade Tittabawasee 3
Road between
Mackinaw Road and
Midland Road,
Saginaw County......
1167. Illinois Improve IL 159 in 3.20625
Edwardsville........
1168. Virginia Improve East Eldon 0.375
Street in Herndon...
1169. Texas Construct Cleveland 10.125
Bypass..............
1170. Utah Widen SR 36 from I-80 2.25
to Mills Junction...
1171. New Jersey Eliminate Berlin 6
Circle and signalize
intersection in
Camden..............
1172. Arkansas Upgrade U.S. Route 7.5
412, Fulton County
line to Missouri
State line..........
1173. California Upgrade Del Almo 5
Boulevard at I-405..
1174. Pennsylvania Improve access to 2.15
McKeesport-Duquesne
Bridge..............
1175. North Carolina Construct U.S. 64/264 0.75
in Dare County......
1176. California Construct Gene Autry 6.75
Way/I-5 Access
project, Anaheim....
1177. Arizona Construct Veterans' 11.25
Memorial overpass in
Pima County.........
1178. Virginia Conduct preliminary 3
engineering on I-73
between Roanoke and
Virginia/North
Carolina State line.
1179. Mississippi Upgrade roads, 3.3075
Washington County...
1180. Tennessee State Highway 109 1.84
upgrade planning and
engineering, Sumner
County..............
1181. Florida Construct John Young 6
Parkway/I-4
interchange.........
1182. Illinois Rehabilitate and 1.7715
upgrade 87th Street
Station to improve
intermodal access...
1183. Ohio Upgrade SR 124 3.75
between Five Points
and Ravenswood
Bridge, Meigs County
1184. Colorado Construct Broadway 3
Viaduct, Denver.....
1185. New York Construct Bay Shore 7.53
Road SR 231 to SR 27
in Suffolk County...
1186. North Dakota Construct Jamestown 3.6
bypass..............
1187. Ohio Upgrade State Route 1.55
18 between I-71 and
I-77................
1188. California Construct Overland 3.75
Drive overcrossing
in Temecula.........
1189. Ohio Upgrade U.S. Route 4.72
422 through Girard..
1190. Mississippi Widen MS 45 from 3.375
Brooksville to U.S.
82 in Mississippi...
1191. California Extend Highway 41 in 5.5
Madera County.......
1192. Missouri Construction and 24.97725
upgrade of U.S. 71/I-
49 in Newton and
McDonald County.....
1193. North Carolina Upgrade U.S. 158 in 2.25
Warren and Halifax
Counties............
1194. Illinois Reconstruct I-74 2
through Peoria......
1195. Minnesota Construct Shepard 2.25
Road/Upper Landing
interceptor, St.
Paul................
1196. Texas Construct segment l 13.5
of a bypass to I-35
known as SH 130. The
State of Texas shall
consult with all
appropriate local
officials,
representatives of
the affected local
communities, and
provide for public
comment prior to
determining a final
alignment for the
project.............
1197. Washington Redevelop Port of 0.05
Anacortes waterfront
1198. California Construct I-15 6.375
Galinas interchange
in Riverside County.
[[Page 112 STAT. 301]]
1199. New Jersey Replace Kinnaman 1.2
Avenue bridge over
Pohatcong Creek in
Warren county.......
1200. Michigan Upgrade (all weather) 1.275
on U.S. 2, U.S. 41,
and M 35............
1201. Maine Upgrade Route 11..... 3
1202. Rhode Island Reconstruct Harris 1.5
Avenue, Woonsocket..
1203. Oregon Construct bike path 0.23
between Main Street/
Highway 99 in
Cottage Grove to Row
River Trail, Cottage
Grove...............
1204. Maine Improve Route 26..... 1.125
1205. New York Rehabilitate Third 1.5
Avenue Bridge over
Harlem River, New
York City...........
1206. New Hampshire Construct the Keene 4.899
bypass..............
1207. New Jersey Construct grade 3.75
separation of Route
35 and Tinton Falls
and extend
Shrewsbury Avenue in
Monmouth............
1208. California Reconstruct La Loma 2.25
Bridge in Pasadena..
1209. Indiana Remove and replace 1.605
Walnut Street in
Muncie..............
1210. Arkansas Construct U.S. 270 6.875
East-West Arterial
in Hot Springs......
1211. Oklahoma Reconstruct and widen 72.7875
I-40 Crosstown
Bridge and
Realignment in
downtown Oklahoma
City, including
demolition of the
existing bridge,
vehicle approach
roads, interchanges,
intersections,
signalization and
supporting
structures between I-
35 and I-44.........
1212. Texas Widen Meacham 2
Boulevard from I-35W
to FM 146 and extend
Meacham Boulevard
from west of FM 156
to North Main Street
1213. Minnesota Upgrade CSAH 116 1.2
north of CSAH 88 in
Ely.................
1214. Mississippi Upgrade West County 8.25
Line Road, City of
Jackson.............
1215. California Construct Imperial 12.515
Highway grade
separation and sound
walls at Esperanza
Road/Orangethorpe
Avenue in Yorba
Linda...............
1216. Nevada Widen I-15 from 1.875
California State
line to Las Vegas...
1217. Connecticut Improve and realign 1.515
Route 8 in
Winchester..........
1218. Oklahoma Reconstruct U.S. 70 0.11
in Marshall and
Bryan Counties......
1219. Pennsylvania Construct California 1
University of
Pennsylvania
intermodal facility.
1220. Arkansas Construct turning 0.1875
lanes at U.S. 71/AR
8 intersection in
Mena................
1221. Michigan Construct intermodal 18
freight terminal in
Wayne County........
1222. Pennsylvania Improve PA 17 from PA 0.75
274 to PA 850 in
Perry County........
1223. Indiana Install traffic 0.675
signalization system
in Muncie...........
1224. Illinois Upgrade U.S. 40 in 0.094
Martinsville........
1225. Indiana Construct SR 9 bypass 2.3625
in Greenfield.......
1226. Kentucky Conduct feasibility 0.375
study for Northern
Kentucky High
Priority Corridor (I-
74).................
[[Page 112 STAT. 302]]
1227. Hawaii Construct interchange 1.5
at junction of
proposed North-South
road and H 1........
1228. Florida Construct 0.75
improvements to JFK
Boulevard,
Eatonville..........
1229. Mississippi Construct access 0.75
improvments to
various roads,
Humphreys County....
1230. South Dakota Construct Heartland 6.505
Expressway Phase I..
1231. Illinois Construct Raney 4.4
Street Overpass in
Effingham...........
1232. Texas Road improvements 1.875
along historic
mission trails in
San Antonio.........
1233. New York Construct Elmira 2.25
Arterial from Miller
to Cedar............
1234. Ohio Construct a new 7.1
interchange at
County Road 80 and I-
77 in Dover with
$100,000 to preserve
or reconstruct the
Tourism Information
Center..............
1235. California Construct Airport 6
Boulevard
interchange in
Salinas.............
1236. Massachusetts Construct South 14.225
Weymouth Naval Air
Station Connectivity
Improvements........
1237. Illinois Construct new 6.5
entrance to Midway
Airport Terminal....
1238. West Virginia Preliminary 2
engineering, design
and construction of
the Orgas to Chelayn
Road, Boone County..
1239. New Jersey Construct U.S. 22/ 17.25
Chimney Rock Road
interchange in
Somerset County.....
1240. Kansas Reconstruct K 7 from 2.79
Lone Elm Road to
Harrison............
1241. Pennsylvania Install traffic 0.375
signal upgrade in
Clearfield Borough
in Clearfield County
1242. Missouri Construct Grand 1.65
Avenue viaduct over
Mill Creek Valley in
St. Louis...........
1243. Pennsylvania Construct 11
improvements to
North Shore Roadway
and access in the
City of Pittsburgh..
1244. West Virginia Construct 0.2
improvements on WV 9
including turning
lane and
signalization,
Berkely County......
1245. New York Conduct Trans-Hudson 3
Freight Improvement
MIS, New York City..
1246. West Virginia Upgrade Route 2 in 10
Cabell County,
including the
relocation of Route
2 to provide for a
connection to I-64
(Merrick Creek
Connector)..........
1247. New Hampshire Construct Hindsale 2.536
Bridge..............
1248. Washington Reconstruct I-82/SR 6.48
24 intersection and
add lanes on SR 24
to Keys Road........
1249. Iowa Construct controlled 9.525
access four-lane
highway between Des
Moines and
Burlington..........
1250. Pennsylvania Construct bicycle and 0.125
pedestrian facility
between Boston
Bridge and McKee
Point Park,
Allegheny County....
1251. Ohio Upgrade and widen 17.25
U.S. 24 from I-469
to I-475............
1252. Texas Upgrade FM517 between 2.892
Owens and FM 3346,
Galveston...........
1253. Idaho Construct U.S. 95: 13.5
Sandcreek Alternate
Route in Sandpoint..
[[Page 112 STAT. 303]]
1254. New Jersey Replace Calhoun 0.975
Street Bridge in
Trenton.............
1255. California Construct Cabot- 1.5
Camino Capistrano
Bridge project in
Southern Orange
County..............
1256. Pennsylvania Construct PA 16 Truck 1.5
climbing lane in
Franklin County.....
1257. New York Construct Eastern 11.25
Long Island Scenic
Byway in Suffolk
County..............
1258. Texas Construct Loop 197, 3.2175
Galveston...........
1259. Illinois Construct Western 0.925
Springs Pedestrian
and Tunnel project,
Cook County.........
1260. Georgia Construct the 7.5
Savannah River
Parkway in Bullock,
Jenkins, Screven and
Effinghaus Counties.
1261. Mississippi Construct connector 6.375
between U.S. 90 and
I-10 in Biloxi......
1262. American Samoa Construct drainage 3.75
system improvements
associated with
highway construction
on Tutilla Island...
1263. Maryland Implement citywide 13.275
signal control
system replacements
and improvements in
Baltimore...........
1264. West Virginia Construct I-81 5.05
interchange,
Martinsburg.........
1265. Alabama Replace pedestrian 0.075
bridges at Village
Creek and Valley
Creek, Birmingham...
1266. Virginia Improve Route 123 11.25
from Route 1 to
Fairfax County line
in Prince William
County..............
1267. New Mexico Improve U.S. 70 from 18.75
I-25 to Organ.......
1268. Pennsylvania Undertake 5.25
transportation
enhancement
activities within
the Lehigh Landing
Area of the Delaware
and Lehigh Canal
National Heritage
Corridor............
1269. New York Implement Melrose 0.75
Commons geographic
information system..
1270. Alabama Construct repairs to 0.45
Pratt Highway
Bridge, Birmingham..
1271. Texas Construct Spur 10 3
from SH 36 to U.S.
59..................
1272. Nebraska Replace U.S. 81 1.125
bridge between
Yankton, South
Dakota and Cedar
County..............
1273. California Construct Centennial 15.75
Transportation
Corridor............
1274. Minnesota Construct Phalen 9.75
Boulevard between I-
35E and I-94........
1275. California Reconstruct Palos 0.3375
Verdes Drive, Palos
Verdes Estates......
1276. Pennsylvania Facilitate 3
coordination of
transportation
systems at
intersection of 46th
and Market, and
enhance access and
related measures to
area facilities
including purchase
of vans for reverse
commutes,
Philadelphia........
1277. Indiana Improve Southwest 27
Highway from
Bloomington to
Evansville..........
[[Page 112 STAT. 304]]
1278. Pennsylvania Construct an access 28.18
road in Bedford
Springs,
Pennsylvania, along
Old U.S. 220 to the
Springs Project and
to construct other
facilities to
facilitate movement
of traffic within
the site and
construction of a
parking facility to
be associated
therewith or other
projects in the
counties of Bedford,
Blair, Fulton,
Franklin, Mifflin,
Fulton and
Clearfield, and
Huntingdon, as
selected by the
Commonwealth of
Pennsylvania........
1279. Washington Undertake FAST 24
Corridor
improvements with
the amounts provided
as follows:
$12,000,000 to
construct the North
Duwamish Intermodal
Project, $3,375,000
for the Port of
Tacoma Road project,
$2,250,000 for the
SW Third Street/BSNF
project in Auburn,
$1,500,000 for the
S. 277th Street/BNSF
project in Auburn/
Kent, $1,500,000 for
the S. 277th Street/
UP project in Auburn
Kent, $1,500,000 for
the S. 180th Street
E/BSNF project in
Tukwila, $750,000
for the 8th Street E/
BSNF project in
Pierce County, and
$1,125,000 for the
Shaw Road extension
Puyallup............
1280. Ohio Construct interchange 5.56
at SR 11 and King
Graves Road in
Trumball County.....
1281. Michigan Apply ITS 2.775
technologies
relating to traffic
control, Lansing....
1282. California Stabilize U.S. 101 at 0.65
Wilson Creek........
1283. Michigan Construct interchange 8.25
at Eastman Avenue/
U.S. 10 in Midland..
1284. Arkansas Enhance area around 0.3
the Paris Courthouse
in the vicinity of
Arkansas Scenic
Highway 22 and
Arkansas Scenic
Highway 309, Paris..
1285. Mississippi Upgrade Hampton Lake 0.66
Road, Tallahatchie
County..............
1286. Illinois Undertake 0.75
improvements to
Campus
Transportation
System..............
1287. Virginia Construct access 0.225
road, walking trail
and related
facilities for the
Nicholsville Center,
Scott County........
1288. Pennsylvania Improve intersection 3.5
of U.S., S.R. 3066,
and West Allegheny
Road, North Fayette
Township............
1289. Arkansas Construct Highway 425 5.375
from Pine Bluff to
the Louisiana State
line................
1290. Pennsylvania Construct 5.5
Independence Gateway
Transportation
Center project,
Philadelphia........
1291. Minnesota Upgrade Perpich 2.1
Memorial from CR 535
to CSAH 111.........
1292. Texas Construct U.S. Route 5.25
67 Corridor through
San Angelo..........
1293. Pennsylvania Construct 2
improvements to
roadway and parking
facility in the
vicinity of St.
Francis College,
Cambria County......
[[Page 112 STAT. 305]]
1294. Missouri Construct extension 0.6
of bike path between
Soulard market area
and Riverfront bike
trail in St. Louis..
1295. New York Construct intermodal 8.687
facility in Yonkers,
Westchester County..
1296. Maryland Construct 2.25
intersection
improvements to
facilitate access to
NSA facility, Anne
Arundel County......
1297. Massachusetts Undertake vehicular 1.56
and pedestrian
movement improvments
within Central
Business District of
Foxborough..........
1298. Kentucky Construct KY 70 from 1.5
Cave City to Mammoth
Cave................
1299. Virginia Construct Main Street 6
Station in Richmond.
1300. New Hampshire Improve 3 Pisquataqua 1.65
River Bridges on the
New Hampshire--Maine
border..............
1301. Pennsylvania Construct Abbey 0.45
Trails in Abington
Township............
1302. Hawaii Upgrade Kaumualii 8.25
Highway.............
1303. North Carolina Upgrade and improve 15
U.S. 19 from Maggie
Valley to Cherokee..
1304. Maine Replace Ridlonville 1.125
Bridge across
Androscoggin River..
1305. Mississippi Upgrade and widen 0.6875
U.S. 49 in Rankin,
Simpson, and
Covington Counties..
1306. Texas Upgrade SH 30, 1.875
Huntsville..........
1307. California Reconstruct the I-710/ 12
Firestone Boulevard
interchange.........
1308. Pennsylvania Widen U.S. 30 from 1.5
Walker Road to
Fayetteville in
Franklin County.....
1309. Virginia Construct 3
Southeastern Parkway
and Greenbelt in
Virginia Beach......
1310. Illinois Replace State Route 14.25
47 Bridge in Morris.
1311. Texas Upgrade Highway 271 1.5
between Paris and
Pattonville.........
1312. Minnesota Improve roads, Edge 4.5
of Wilderness, Grand
Rapids to Effie.....
1313. Arizona Reconstruct I-19, 7.5
East Side Frontage
Road, Ruby Road to
Rio Rico Drive,
Nogales.............
1314. North Carolina Construct I-85 22.125
Greensboro Bypass in
Greensboro..........
1315. New York Improve access to I- 2.21
84/Dutchess
intermodal facility
in Dutchess County..
1316. Illinois Construct I-88 1.5
interchange at Peace
Road in De Kalbe....
1317. North Dakota Upgrade U.S. Route 2.1
52, Kenmare to
Donnybrook..........
1318. South Carolina Construct 6.75
improvements to I-95/
SC 38 interchange...
1319. Arkansas Construct Highway 15 0.875
from Connector Road
to Railroad Overpass
in Pine Bluff.......
1320. New York Reconstruct 79th 7
Street Traffic
Circle, New York
City................
1321. California Extend State Route 52 2.25
in San Diego........
1322. California Construct Sacramento 3
Intermodal Station..
1323. Illinois Construct Central 3.7
Avenue/Narragansett
Avenue connector,
Chicago.............
1324. Pennsylvania Construct Walnut 0.75
Street pedestrian
bridge in Dauphin
County..............
[[Page 112 STAT. 306]]
1325. Indiana Conduct rail-highway 0.075
feasibility project
study in Muncie.....
1326. Georgia Upgrade U.S. Route 27 7.5
1327. Michigan Improve Hoban Road 0.84
and Grand Avenue,
City of Mackinac
Island..............
1328. Washington Construct Cross Base 0.375
Corridor, Fort Lewis-
McChord AFB.........
1329. Illinois Construct bicycle/ 5.5
pedestrian trail
parallel to light
rail transit system
in St. Clair County.
1330. Pennsylvania Improve Bedford 1.5
County Business Park
Rd in Bedford County
1331. Louisiana Construct Port of St. 1.575
Bernard Intermodal
facility............
1332. New York Construct bridge deck 0.75
over the Metro North
right-of-way along
Park Avenue between
E. 188th and 189th
Streets.............
1333. Ohio Conduct feasibility 0.5
study for the
construction of
Muskingum County
South 93-22-40
connector...........
1334. South Carolina Upgrade U.S. Highway 3.2
301 within Bamberg..
1335. Virginia Construct road 0.25
improvements,
trailhead and
related facilities
for Birch Knob Trail
on Cumberland
Mountain............
1336. Kansas Widen U.S. 169 in 12.15
Miami County........
1337. Texas Construct extension 0.75
of Bay Area
Boulevard...........
1338. New Jersey Construct highway 5.5
connector between
Interstate Route 1&9
(Tonelle Avenue) and
the New Jersey
Turnpike at Secaucus
Intermodal Transfer
Rail Station and the
Trans Hudson
Corridor at the
Bergen Arches
arterial roadway....
1339. California Modify HOV lanes, 5.25
Marin County........
1340. California Widen U.S. 101 from 8.75
Petaluma Bridge to
Novato..............
1341. Arkansas Construct U.S. 63 1.5
interchange with
Washington Avenue
and Highway 63B.....
1342. Louisiana Kerner's Ferry Bridge 0.75
Replacement project.
1343. Pennsylvania Reconstruct I-95/ 1.3275
Street Road
interchange in Bucks
County..............
1344. New York Upgrade Frederick 9
Douglas Circle, New
York City...........
1345. Pennsylvania Improve PA 453 from 0.75
Water Street to
Tyrone in Huntingdon
County..............
1346. Oregon Acquire and rennovate 2
facility to serve as
multimodal
transportation
center, Eugene......
1347. Alabama Construct 0.75
improvements to
Ensley Avenue
between 20th Street
and Warrior Road,
Birmingham..........
1348. Alaska Extend West Douglas 2.475
Road................
1349. Pennsylvania Construction of noise 0.8
barriers along State
Route 28, Aspinwall.
1350. Mississippi Replace Greenville 1.0
River Bridge in
Washington County...
1351. Illinois Reconstruct Claire 0.2475
Boulevard, Robbins..
1352. New Jersey Reconstruct South 6
Pembrton Road from
Route 206 to Hanover
Street..............
[[Page 112 STAT. 307]]
1353. Kentucky Reconstruct U.S. 231: 8.625
$5,625,000 for the
segment between Dry
Ridge Road and U.S.
231 and U.S. 31;
$3,000,000 for the
segment between
Allen-Warren County
line and Dry Ridge
Road................
1354. Indiana Undertake safety and 1.5
mobility
improvements
involving street and
street crossings and
Conrail line,
Elkhart.............
1355. New York Construct sound 0.3
barriers on east
side of Clearview
Expressway between
15th Road and
Willets Point
Boulevard...........
1356. Tennessee Construct Franklin 2
Road interchange and
bypass..............
1357. New Jersey Construct, 2
reconstruct and
integrate multi-
transportation
modes--international
airport and seaport,
rail, national
highway system and
brownfields--to
establish an
international
intermodal
transportation
center and corridor
between and within
the cities of
Bayonne, Elizabeth
and Newark, New
Jersey..............
1358. Louisiana Construct I-49 4.2
interchange at Caddo
Port Road in
Shreveport..........
1359. Oklahoma Conduct study of 0.16
Highway 3 in
McCurtain,
Pushmataha and Atoka
Counties............
1360. North Carolina Construct U.S. 117, 2.625
the Elizabeth City
Bypass in Pasquotank
County..............
1361. North Carolina Upgrade U.S. 13 0.75
(including Ahoskie
bypass) in Bertie
and Hertford
Counties............
1362. California Extend Route 46 6
expressway in San
Luis Obispo County..
1363. Illinois Construct 2.625
improvements to New
Era Road, Carbondale
1364. New York Construct congestion 1.875
mitigation project
for Riverhead.......
1365. California Upgrade Riverside 0.69375
Avenue/I-10
interchange, Rialto.
1366. California Construct I-10 1.5
Tippecanoe/Anderson
interchange project
in Loma Linda and
San Bernardino
County..............
1367. Colorado Construct C 470/I-70 4.187
ramps in Jefferson
County..............
1368. Washington Conduct feasibility 0.75
study of State Route
35 Hood River bridge
in White Salmon.....
1369. Tennessee Construct Landport 8
regional
transportation hub,
Nashville...........
1370. Pennsylvania Upgrade roadway in 15.15
the Princeton/
Cottman I-95
interchange and
related
improvements,
Philadelphia........
1371. Washington Construct Sequim/ 0.75
Dungeness Valley
trail project.......
1372. Maryland Construct phase 1A of 11.25
the I-70/I-270/U.S.
340 interchange in
Frederick County....
1373. American Samoa Upgrade village roads 8.25
on Tutuila/Manua
Island..............
1374. Virginia Improve Lee Highway 1.35
Corridor in Fairfax.
1375. Michigan Preliminary 1.125
engineering and
right-of-way
acquisition for
``Intertown South''
route of U.S. 31
bypass, Emmet County
[[Page 112 STAT. 308]]
1376. Missouri Construction of 3.75
airport ground
transportation
terminal for the
Springfield/Branson
Airport intermodal
facility in
Springfield.........
1377. Ohio Upgrade SR 7 (Eastern 1.5
Avenue) to improve
traffic flow into
Gallipolis, Gallia
County..............
1378. Michigan Construct U.S. 27 6.375
between St. Johns
and Ithaca..........
1379. Washington Construct SR 167 1.125
Corridor, Tacoma....
1380. Washington Widen U.S. 395 in the 5.5
vicinity of mile
post 170 north of
Spokane.............
1381. Iowa Construct overpass to 3.475
eliminate railroad
crossing in
Burlington..........
1382. Missouri Improve safety and 6
traffic flow on
Route 13 through
Clinton.............
1383. Florida Construct Alden Road 0.525
Improvement Project
in Orange County....
1384. Dist. of Columbia Implement traffic 6
signalization,
freeway management
and motor vehicle
information systems.
1385. Wisconsin Construct freeway 16
conversion project
on Highway 41
between Kaukauna and
Brown County Highway
F...................
1386. Illinois Construct crossings 9.375
over Fox River in
Kane County.........
1387. Mississippi Construct U.S. 84 0.6875
from Eddiceton to
Auburn Road.........
1388. Illinois Construct U.S. 67 in 5.1
Madison and Jersey
Counties............
1389. South Carolina Construct Calhoun/ 6.5
Clarendon Causeway..
1390. Florida Construct safety 2.25
improvements and
beautification along
U.S. 92, Daytona
Beach...............
1391. Pennsylvania Realign PA29 in the 0.495
Borough of
Collegeville,
Montgomery County...
1392. Pennsylvania Construct Towamencin 2.61
Township multimodal
center..............
1393. Maryland Construct 2.4
improvements to
Route 50 interchange
with Columbia Pike,
Prince Georges
County..............
1394. Illinois Construct bypass of 0.615
historic stone
bridge, Maeystown...
1395. Pennsylvania Construct Johnstown- 0.75
Cambria County
Airport Relocation
Road................
1396. Pennsylvania Reconstruct the I-81 6
Davis Street
interchange in
Lackawanna..........
1397. Connecticut Realign Route 4 2.1
intersection in
Farmington..........
1398. Pennsylvania Construct Wexford I- 0.825
79/SR 910
Interchange,
Allegheny County....
1399. Pennsylvania Extend Martin Luther 1.65
King Busway,
Alleghany County....
1400. Massachusetts Construct Arlington 0.75
to Boston Bike Path.
1401. New Jersey Construct 6
Collingswood Circle
eliminator, Camen...
1402. Ohio Construct grade 3.75
separations at Fitch
Road in Olmsted
Falls...............
1403. Wisconsin Construct Eau Claire 6
Bypass project......
1404. Minnesota Reconstruct SE Main 3
Avenue and related
improvements,
completing 34th
Street Corridor
project, Moorhead...
[[Page 112 STAT. 309]]
1405. New York Construct Olana 1
Visitor Center in
Olana...............
1406. Massachusetts Improve safety and 1.95
traffic operations
on Main and Green
Streets, Mellrose...
1407. New York Reconstruct Jackson 1.963
Avenue in New
Windsor, Orange
County..............
1408. New York Construct congestion 0.75
mitigation project
for Smithtown.......
1409. New York Reconstruct County 1.85475
Route 24 in Franklin
County..............
1410. North Carolina Construct U.S. 311 (I- 22.875
74) from NC 68 to
U.S. 29A-70A........
1411. California Design and initiation 0.275
of long term
improvements along
Highway 199 in Del
Norte County........
1412. Alabama Complete I-59 3.6
interchange in De
Kalb County.........
1413. New York Improve Hiawatha 1.6875
Boulevard and
Harrison Street
corridors in
Syracuse............
1414. New Jersey Construct Route 17 1.125
bridge over the
Susquehanna and
Western Rail line in
Rochelle Park.......
1415. Illinois Undertake 0.8625
streetscaping
between Damden and
Halsted.............
1416. Illinois Construct 1.125
transportation
improvements to
Industrial Viaduct,
Chicago.............
1417. Ohio Construct access and 3.675
related improvements
to Downtown
Riverfront Area,
Dayton..............
1418. Oregon Purchase and install 4.5
emitters and
receiving equipment
to facilitate
movement of
emergency and
transit vehicles at
key arterial
intersections,
Portland............
1419. Tennessee Reconstruct road and 11.25
causeway in Shiloh
Military Park in
Hardin County.......
1420. Arkansas Conduct planning for 0.875
highway 278 and rail
for the Warren/
Monticello Arkansas
Intermodal Complex..
1421. Oregon Construct regional 10
multimodal
transportation
center in Albany....
1422. Texas Construct two-lane 3.6375
parallel bridge,
State Highway 146,
FM 517 to vicinity
of Dickinson Bayou..
1423. Connecticut Relocate and realign 4.0575
Route 72 in Bristol.
1424. Massachusetts Construct Minuteman 0.5625
Commuter Bikeway-
Charles River
Bikeway connector,
Cambridge and
Watertown...........
1425. Michigan Replace Chevrolet 1.8
Avenue bridge in
Genesee County......
1426. Virginia Construct trailhead 0.3
and related
facilities and
restore old Whitetop
Train Station at
terminus of Virginia
Creeper Trail
adjacent to Mount
Rogers National
Recreation Area.....
1427. New York Construct Mineola and 12
Hicksville
Intermodal Centers
in Nassau County....
1428. Indiana Lafayette Railroad 22.05
relocation project
in Lafayette........
1429. Michigan Construct Jackson 3.45
Road project
(demonstrating
performance of paper
and plastic
reinforced
concrete), Scio
Township............
[[Page 112 STAT. 310]]
1430. Wyoming Widen and improve 5
Cody--Yellowstone
Highway from the
entrance to
Yellowstone National
Park to Cody........
1431. Texas Widen State Highway 6 9.075
from Senior Road to
FM521...............
1432. Massachusetts Design, engineer and 1.5
right-of-way
aquisition of the
Great River Bridge,
Westfield...........
1433. Washington Design and implement 1
report and
environmental study
of the I-5 corridor
in Everett..........
1434. North Carolina Make improvements to 2.4
I-95/SR 1162
interchange in
Johnston County.....
1435. New York Reconstruct 2.89
Stoneleigh Avenue in
Putnam County.......
1436. Pennsylvania Construct 2
transportation
improvements around
the interchange of
Interstate 81 and
S.R. 0944, Hampden
Township............
1437. Wisconsin Upgrade Highway 151 6
between Platteville
and Dubuque.........
1438. New York Improve Bedford- 1.44
Banksville Road from
Millbrook to
Connecticut State
line................
1439. California Construct interchange 6
between I-15 and SR
18 in Victorville/
Apple Valley........
1440. Connecticut Construct overlook 2.31
and access to
Niantic Bay.........
1441. Arizona Design, engineering 0.75
and ROW acquisition
for Area Service
Highway, Yuma.......
1442. Connecticut Reconstruct cross 1.5
road over I-95,
Waterford...........
1443. Illinois Upgrade industrial 3.375
park road in Village
of Sauget...........
1444. California Construct I-680 HOV 5.25
lanes between Marina
Vista toll plaza to
North Main Street,
Martinez to Walnut
Creek...............
1445. Iowa Improve U.S. 65/IA 5 5
interchange, Warren
County..............
1446. Pennsylvania Replace Masontown 5
bridge, Fayette and
Greene Counties.....
1447. Indiana Extend SR 149 between 3
SR 130 to U.S. Route
30, Valparaiso......
1448. Pennsylvania Construct PA 309 3.96
Sumneytown Pike
Connector...........
1449. California Improve Route 99/ 6
Route 120
interchange in
Manteca County......
1450. Alaska Construct a bridge 15
joining the Island
of Gravina to the
Community of
Ketchikan on Revilla
Island..............
1451. Nebraska Conduct corridor 0.75
study of NE 35
alternative and
modified route in
Norfolk, Wayne and
Dakota County.......
1452. Michigan Upgrade Lalie Street, 0.27
Frenchtown Road, and
Penshee Road,
Ironwood............
1453. California Conduct planning, 1.5
preliminary
engineering and
design for Etiwanda
Avenue/I-10
interchange, San
Bernardino County...
1454. California Construct Arbor Vitae 2.625
Street improvements,
Inglewood...........
1455. Minnesota Restore MN 0.75
Transportation
facility, Jackson
Street Roundhouse,
St. Paul............
[[Page 112 STAT. 311]]
1456. Rhode Island Upgrade pedestrian 0.075
traffic facilities,
Bristol.............
1457. California Install Silicon 2.145
Valley Smart
Corridor project
along the I-880
corridor............
1458. South Carolina Construct I-26/U.S. 1 9
connector in
Columbia............
1459. New York Construct 3.75
Poughkeepsie
Intermodal Facility
in Poughkeepsie.....
1460. Oregon Restore 0.525
transportation
connection between
Wauna, Astoria and
Port of Astoria.....
1461. New York Conduct feasibility 0.375
study of new
International
bridges on the New
York/Canada border..
1462. Tennessee Extend Pellissippi 8.85
Parkway from State
Route 33 to State
Route 321 in Blount
County..............
1463. Ohio Upgrade 2 warning 0.15
devices on the rail
north/south line
from Columbus to
Toledo..............
1464. California Upgrade South Higuera 0.675
Street, San Luis
Obispo..............
1465. Alabama Upgrade County Road 0.75
39 between Highway
84 and Silver Creek
Park, Clarke County.
1466. North Carolina Relocate U.S. 1 from 5.475
north of Lakeview to
SR 1180, Moore and
Lee Counties........
1467. Texas Construct extension 1.35
of West Austin
Street (FM 2609)
between Old Tyler
Road and Loop 224,
Nacogdoches.........
1468. Michigan Reconstruct I-94 9
between Michigan
Route 14 and U.S. 23
1469. Connecticut Reconstruct I-84, 7.1025
Hartford............
1470. Ohio Undertake 0.675
improvements to
Valley Street,
Dayton..............
1471. New Jersey Upgrade Urban 7.275
University Heights
Connector, Newark...
1472. Ohio Widen to 5 lanes 0.6
existing SR 43/
Sunset Boulevard in
Steubenville,
Jefferson County....
1473. New York Improve and 0.35
reconstruct Stony
Street in York Town.
1474. Ohio Construct grade 3.75
separation at Dille
Road in Euclid......
1475. Washington Safety improvements 3.15
to State Route 14 in
Columbia River Gorge
National Scenic Area
1476. Indiana Upgrade County roads 6
in LaPorte County...
1477. California Implement ITS 2.6625
technologies in
Employment Center
area of City of El
Segundo.............
1478. Minnesota Construct pedestrian 0.45
overpass on Highway
169, Mille Lacs
Reservation.........
1479. Texas Complete State 5.42
Highway 35 in
Aransas County......
1480. Washington Construct 5.893
overcrossing at 38th
Street in Everett,
and construct the
Riverside Industrial
Access Road as
identified in the
FAST Corridor plan..
1481. Illinois Construct 3.9
improvements to
McKinley Bridge over
Mississippi River
with terminus points
in Venice, Illinois,
and St. Louis,
Missouri............
[[Page 112 STAT. 312]]
1482. Connecticut Upgrade bridge over 0.3375
Naugatuck River,
Ansonia.............
1483. Louisiana Widen Lapalco 3
Boulevard from
Barataria Boulevard
to Destrehan Avenue
in Jefferson Parish.
1484. California Construct Tulare 6.75
County roads in
Tulare County.......
1485. Washington Extend Mill Plain 3
Boulevard in
Vancouver...........
1486. Missouri Construct an 0.9
intermodal center at
Missouri Botanical
Garden..............
1487. Ohio Reimburse costs 2.0625
associated with
multimodal
transportation
improvements, Dayton
1488. West Virginia Upgrade U.S. 340 2
between West
Virginia/Virginia
State line and the
Charles Town Bypass.
1489. Ohio Add lanes and improve 2
intersections on
Route 20 in Lake
County..............
1490. Pennsylvania Rehabilitate Kenmawr 0.45
Bridge, Swissvale...
1491. Rhode Island Construct Blackstone 2.59125
River Bikeway.......
1492. Alaska Construct Gravina 5.443
Island Bridge in
Ketchikan...........
1493. Alaska Construct N.W. Alaska 2.5
Road/Rail access....
1494. Alaska Construct North 1.5
Denali access route.
1495. Alaska Construct capital 0.75
improvements to
marine
transportation
facilities for
Prince of Wales
Island..............
1496. Alaska Improve marine dry 0.75
dock and facilities
in Ketchikan........
1497. Alaska Construct New Access 11.943
Route to Ship Creek
Access in Anchorage.
1498. Alabama Construct bridge over 1
Tennessee River
connecting Muscle
Shoals and Florence.
1499. Alabama Engineering, right-of- 1
way acquisition and
construction of
Huntsville Southern
Bypass..............
1500. Alabama Construction of 7.75
Eastern Black
Warrior River Bridge
1501. Alabama Construct East Foley 1
Corridor Project
from Baldwin County
Highway 20 to State
Highway 59 in
Alabama.............
1502. Alabama Engineering, right-of- 8.917
way, acquisition and
construction of
Birmingham Northern
Beltline in
Jefferson County....
1503. Alabama Extend I-759 in 1.167
Etowah County.......
1504. Alabama Construct Decatur 1
Southern Bypass.....
1505. Alabama Construct Anniston 2
Eastern Bypass from
I-20 to Fort
McClellan in Calhoun
County..............
1506. Alabama Construct Montgomery 11.8
outer loop from U.S.
80 to I-85 via I-65.
1507. Alabama Develop U.S. 231/I-10 2
Freeway Connector
from Alabama border
to Dothan...........
1508. Alabama Replace bridge over 3
Tombigbee River,
Naheola.............
1509. Arkansas Development of Little 2
Rock Port Authority.
1510. Arkansas Development of Little 2
Rock River Rail
Project.............
1511. Arkansas Improvements to I-30 2
From Benton to Geyer
Springs Exit in
Little Rock.........
[[Page 112 STAT. 313]]
1512. Arkansas Upgrade 2 bypasses 5
(Washington Avenue
Interchange and
Highway 63B
Interchange) on U.S.
63 in Jonesboro.....
1513. Arkansas Construct bypass at 1.25
Ashdown.............
1514. Arkansas Development of U.S. 7
71 from Fort Chaffee
to Texarkana........
1515. Arkansas Development of 6
Interchange at
Intersection of I-40
and Airport Road in
West Memphis........
1516. Arkansas Improve U.S. Highway 3.8875
412 From Harrison to
Mountain Home.......
1517. Arkansas Complete Courthouse 0.1
Improvement
Enhancements Project
in Paris............
1518. Arkansas Further study and 0.25
development of
Russellville
Intermodal Complex
in Russellville.....
1519. Arkansas Construct turning 0.0625
lanes at the
Intersection of U.S.
Highway 71 and
Arkansas State
Highway 8 in Mena...
1520. Arkansas Transportation 0.375
Enhancements in the
Vicinity of Dickson
Street, Fayetteville
1521. Arkansas Improve Arkansas 0.125
State Highway 12
From U.S. 71 at
Rainbow Curve to the
Northwest Arkansas
Regional Airport....
1522. Arkansas Construct intermodal 4
connector access
road to the
Northwest Arkansas
Regional Airport....
1523. Arkansas Continue development 2
of West Phoenix
Avenue, Ft. Smith...
1524. Arkansas Improvements to 28th 0.25
Street, Van Buren...
1525. Arkansas Conduct feasibility 0.075
studies for Van
Buren Intermodal
Port................
1526. Arkansas Upgrade Arkansas 0.65
State Highway 59
from Rena Road to
Old Uniontown Road
in Van Buren........
1527. Arkansas Construct 1.25
improvements to U.S.
Highway 71 to I-40
through Fort Chaffee
and Fort Smith......
1528. California Construct I-80 12.1
reliever route
system, Solano
County..............
1529. California Replace Maxwell 8.7
Bridge, Napa County.
1530. California Construct March 7.2
Inland Port ground
access project,
Riverside County....
1531. California Construct Santa 17
Monica Transit
Parkway.............
1532. California Construct State Route 38.5
905 between I-805
and Otay Mesa border
crossing............
1533. California Construct highway 100
grade separation/
other improvements
for ``Gateway for
America'' project in
San Gabriel Valley..
1534. Colorado State Priority 23.401
Projects............
1535. Connecticut Reconstruction of 23.433
railroad electrical
catenary serving
commuter lines
between New Haven
and Stanford........
1536. Connecticut Pedestrian/disabled 0.5
access improvements
at Mark Twain House
Historic Site.......
1537. Connecticut Reconstruct and 2
expand access road
and related
riverwalk
improvements at/
adjacent to
Riverside Park,
Hartford............
1538. Connecticut Develop Winsted and 1.5
Winchester rail
trail, linkage to
existing trails in
neighboring towns...
[[Page 112 STAT. 314]]
1539. Connecticut Develop Quinipiac 1.5
River linear trail
in Wallingford and
Meriden.............
1540. Connecticut Extend Farmington 1.5
Canal Rail Trail in
Hamden and New Haven
1541. Florida State Priority 92.096
Projects............
1542. Georgia Upgrade Lithonia 0.35
Industrial
Boulevard, De Kalb
County..............
1543. Georgia Widen U.S. 84 South 1.6
from U.S. 82 to Ware
County in Waycross
and Ware Counties...
1544. Georgia Construct Rome to 2
Memphis Highway in
Floyd and Bartow
Counties............
1545. Georgia Construct Athens to 8
Atlanta
transportation
corridor............
1546. Georgia Conduct a study of 2.5
Interstate
multimodal
transportation
corridor from
Atlanta to
Chattanooga.........
1547. Georgia Conduct study of 25
multimodal
transportation
corridor along GA
400.................
1548. Georgia Construct Savannah 5
River Parkway in
Bulloch, Jenkins
Screven, and
Effingham Counties..
1549. Georgia Conduct study of 5
interstate
multimodal
transportation
corridor from
Atlanta to
Chattanooga.........
1550. Georgia Undertake major 6.66
arterial enhancement
in De Kalb County:
Candler Road,
Memorial Drive, and
Buford Highway......
1551. Georgia Construct Harry S. 3.55
Truman Parkway......
1552. Georgia Construct multimodal 8.1
passenger terminal,
Atlanta.............
1553. Georgia Construct Rome to 4.112
Memphis Highway in
Floyd and Bartow
Counties............
1554. Georgia Construct Fall Line 9.5
Freeway from Bibb to
Richmond Counties...
1555. Georgia Construct Fall Line 23
Freeway from Bibb to
Richmond Counties...
1556. Iowa Design, right-of-way 1.5
and construction of
a bridge over
railroad tracks on
airport access road
in Sioux City.......
1557. Iowa Construction of a 4- 2.75
lane expressway
between DesMoines
and Marshalltown....
1558. Iowa Design, right-of-way 7
and construction of
the Avenue G viaduct
and related roadway
in Council Bluffs...
1559. Iowa Design and 0.76
construction of
native roadside
vegetation
enhancement center
at U.N.I. in Cedar
Falls...............
1560. Iowa Construct the D116 7
Dubuque Bridge over
the MI River at
Dubuque.............
1561. Iowa Design, right-of-way 12
and construction of
segments of Martin
Luther King Jr.
Parkway in Des
Moines from Center
Street to Fleur
Drive...............
1562. Idaho Reconstruct 184/I-84 19
interchange
(mileposts 0.0-0.6).
1563. Idaho Rehabilitate U.S. 20 3.75
Ashton/Ashton Hill
Bridge and
Intersection Project
(mileposts 363.3-
363.5)..............
1564. Idaho Construct Cheyenne 5.5
Street Railroad
Overpass, Pocatello.
[[Page 112 STAT. 315]]
1565. Idaho Stage 1, U.S. 93 Twin 13
Falls Alternate
Route from junction
of U.S. 93/Highway
30 north (mileposts
45-48)..............
1566. Idaho Safety improvements 16
on U.S. 95 from
Genesee to Moscow
(mileposts 331-345).
1567. Idaho Safety improvements/ 7
bridge replacement
on U.S. 95 at Mann's
Creek Curves
(mileposts 91.2-
94.8)...............
1568. Idaho Alignment/bridge 18
replacement State
Highway 55 between
Smith's Ferry and
Round Valley
(mileposts 94.9-
101.0)..............
1569. Illinois Improve Campus 2
Transportation
System, Chicago.....
1570. Illinois Construct U.S. 67 in 6.798
Madison and Jersey
Counties............
1571. Illinois Construct confluence 1
bikeway in Madison
County..............
1572. Illinois Extend Veterans 3
Memorial Drive and
construct overpass
at I-57 in Mt.
Vernon..............
1573. Illinois Construct 34 from 5
Burlington, Iowa to
Monmouth............
1574. Illinois Reconstruct Wacker 25
Drive in Chicago....
1575. Illinois Reconstruct Stevenson 25
Expressway, Chicago.
1576. Indiana State Priority 47.046
Projects............
1577. Kansas State Priority 23.488
Projects............
1578. Kentucky Widen U.S. 27 from 5.83
Norwood to Eubank...
1579. Kentucky Reconstruct KY 210 2
from Hodgenville to
Morning Star Road in
LaRue County........
1580. Kentucky Conduct feasibility 0.125
study for No. KY
high-priority
corridor (I-74).....
1581. Kentucky Construct necessary 2.3
connections for the
Taylor Southgate
Bridge in Newport
and the Clay Wade
Bridge in Covington.
1582. Kentucky Construction on U.S. 2.81
127: Albany Bypass
to KY 90, Albany
Bypass from KY 696
to Clinton County
H.S., and from KY
696 to TN State line
1583. Kentucky Construct highway 0.25
rail grade
separations along
the City Lead in
Paducah.............
1584. Kentucky Reconstruction of the 1.5
Louisville Trolley
Barn................
1585. Kentucky Completion of the 15.817
Ownsboro Corridor
and related State
Highway projects....
1586. Kentucky Extend Hurstbourne 4
Parkway from
Bardstown Road to
Fern Valley Rd......
1587. Louisiana Causeway Project..... 0.5
1588. Louisiana I-10 Connector, Port 0.28
of South Louisiana..
1589. Louisiana Florida Expressway 0.05
Construction, Street
Bernard/Orleans
Parishes............
1590. Louisiana Kerner Bridge, 0.25
Jefferson Parish....
1591. Louisiana Construction, LA 1... 2.3
1592. Louisiana Leeville Bridge, LA 1 2
1593. Louisiana Louisiana segment, 1
Gulf Coast high
speed rail..........
1594. Louisiana Perkins Road, Baton 1.5
Rouge...............
1595. Louisiana East West Corridor/El 1
Camino Real, LA 6 to
U.S. 84, Central-
Northwest LA........
1596. Louisiana Nelson Access Road to 4.5
Port of Lake Charles
1597. Louisiana Tchopitoulas 4.5
Corridor, New
Orleans.............
[[Page 112 STAT. 316]]
1598. Louisiana Route 3132 to Caddo- 4.5
Bossier Port,
Shreveport..........
1599. Louisiana Kansas Lane, Monroe.. 4.5
1600. Louisiana New Orleans CBD to 5
New Orleans
International
Airport, commuter
rail................
1601. Massachusetts State Priority 37.365
Projects............
1602. Maryland Improve highway 0.091
signage for C&O
Canal NHP in
Frederick,
Washington, and
Allegany Counties...
1603. Maryland Construct pedestrian 1.25
bicycle bridge
across Susquehanna
River between Havre
de Grace and
Perryville..........
1604. Maryland Upgrade U.S. 113 7
north of U.S. 50 to
Jarvis Road in
Worcester County....
1605. Maryland Upgrade MD 32 in the 6.75
vicinity of NSA Anne
Arundel County......
1606. Maryland Construct Phase 1-A 15
of the I-70/I-270/
U.S. 340 interchange
in Frederick County.
1607. Maine Upgrade Route 11..... 0.15
1608. Maine Construct I-95/ 0.15
Stillwater Avenue
interchange.........
1609. Maine Reconstruction of the 1.45
Mack Point Cargo
Port................
1610. Maine Improve Route 23..... 0.125
1611. Maine Improve Route 26..... 0.375
1612. Maine Replace Ridlonville 0.875
Bridge, Rumford.....
1613. Maine Studies, planning for 2
extension of I-95...
1614. Maine Construct I-295 1
connector, Portland.
1615. Maine Replace Singing 1.375
Bridge across
Taunton Bay.........
1616. Maine Construct new bridge 2
over Kennebec River
(Carlton Bridge
replacement)........
1617. Maine Studies, planning, 1
reconstruction of
East-West Highway...
1618. Michigan State Priority 25.447
Projects............
1619. Michigan State Priority 31.438
Projects............
1620. Michigan Reconstruct and 6
rehabilitate,
including rail and
interstate access
improvements for the
Detroit Waterfront
Dock, Detroit.......
1621. Minnesota Reconstruct S.E. Main 1
Avenue/I-94
Interchange,
Moorhead............
1622. Minnesota Construct T.H. 212 1
Construction between
I-494 and Carver
County Road 147.....
1623. Minnesota Construct T.H. 610/10 2
from T.H. 169 in
Brooklyn Park to I-
94 in Maple Grove...
1624. Minnesota Construct Mankato 1
South Route in
Mankato.............
1625. Minnesota Reconstruct SE Main 2
Avenue/I-94
Interchange,
Moorhead............
1626. Minnesota Replace Sauk Rapids 1
Bridge over
Mississippi River,
Stearns and Benton
Counties............
1627. Minnesota Replace Sauk Rapids 1
Bridge over
Mississippi River,
Stearns and Benton
Cities..............
1628. Minnesota Construct Shepard 1
Road/Upper Landing
Interceptor, St.
Paul................
1629. Minnesota Construct Mankato 1
South Route, Mankato
[[Page 112 STAT. 317]]
1630. Minnesota Reconstruct and 3.529
Replace I-494 Wakota
Bridge from South
St. Paul to Newport
and approaches......
1631. Minnesota Reconstruct/replace I- 1
494 Wakota Bridge
from South St. Paul
to Newport, and
approaches..........
1632. Minnesota Construct Phalen 2.5
Boulevard between I-
35 and I-94.........
1633. Minnesota Construct T.H. 610/10 9.029
from T.H. 169 in
Brooklyn Park to I-
94 in Maple Grove...
1634. Minnesota Design and Construct 2
Access to I-35W at
Lake St.,
Minneapolis.........
1635. Missouri Develop bike/ 0.341
pedestrian paths for
Town of Kansas and
Riverfront Park in
Kansas City.........
1636. Missouri Construct Cuivre 3
River Bridge at
Lincoln County......
1637. Missouri Construct Route 13 MO 3
River Bridge at
Lexington...........
1638. Missouri Construct Highway 47 3
MO River Bridge at
Washington..........
1639. Missouri Construct Route 5 3
Bridge at the Lake
of the Ozarks.......
1640. Missouri Upgrade I-70 in 10
Missouri............
1641. Missouri Construct Chouteau 6
Bridge at Kansas
City................
1642. Missouri Construct Mississippi 6
River Bridge at
Hannibal............
1643. Missouri Construct Bill 8
Emerson Memorial
Bridge..............
1644. Missouri Construct Missouri 5
River Bridge at
Hermann.............
1645. Mississippi Replace functionally 38
obsolete drawbridge
with new crossing,
High Rise Bridge, at
Pascagoula..........
1646. Montana Conduct environmental 19.905
review, planning,
design, and
construction of the
Beartooth Highway in
Wyoming and Montana.
1647. North Carolina Construct Raleigh 8.44
Outer Loop (segment
D) between NC 50 and
SR 2000.............
1648. North Carolina Construct additional 48
lanes on I-77
between I-85 and NC
73..................
1649. North Dakota State Priority 13.138
Projects............
1650. Nebraska Improve Nebraska 3
Highways 8 and 15 in
Fairbury............
1651. Nebraska Construct Riverfront 4.786
Trails and Bridges
Along Missouri River
from Dodge Park
through Omaha to
Bellevue............
1652. New Hampshire Widen I-93 from Salem 1.175
to Manchester.......
1653. New Hampshire Construct Manchester 1
Airport Access Road,
Manchester..........
1654. New Hampshire Conway bypass/Route 0.5
16 mitigation,
Conway..............
1655. New Hampshire Improve Bridge Street 1
bridge, Plymouth....
1656. New Hampshire Advance completion of 2
Route 101 project
from Raymond to
Hampton.............
1657. New Hampshire Rehabilitate/ 0.65
reconstruct Bath-
Haverhill Bridge,
Bath and Haverhill..
1658. New Hampshire Construct Manchester 3.175
Access Road,
Manchester..........
1659. New Hampshire Construct Orford 0.85
Bridge, Orford......
[[Page 112 STAT. 318]]
1660. New Jersey Construct bicycle 0.7
trails and riverside
improvements, West
Deptford............
1661. New Jersey Construct Delaware 8
River tram to link
destinations on both
sides of Delaware
River...............
1662. New Jersey Construct new ramp 14
between NJ 42 and
south section of I-
295.................
1663. New Jersey Construct roadway 26.5
network through the
Bergen Arches
railroad right-of-
way, Hudson County..
1664. New Jersey Relocate/construct 1.5
Cooper Hospital
Medical Center
helipad, Camden.....
1665. Nevada Canamex Corridor 1.531
Innovative Urban
Renovation Project
in Henderson........
1666. Nevada Widen U.S. 50 between 1
Fallon and Fernley..
1667. Nevada I-580/U.S. 395 5
Freeway Extension to
Carson City.........
1668. Nevada Reconstruction of I- 5
15 Interchange at
Sahara Avenue and
Rancho Road in North
Las Vegas...........
1669. Nevada Widening of Craig 2
Road in North Las
Vegas...............
1670. Nevada Widen I-15 in San 6
Bernadino County, CA
1671. New York Reconstruct 1
Springfield
Boulevard between
the LIRR Main Line
South to Rockaway
Boulevard in Queens
County..............
1672. New York Replace Kennedy-class 2
ferries in Staten
Island..............
1673. New York Construct Fordham 4
University Regional
Transportation
Facility, Bronx.....
1674. New York Construct Hamilton 4.4
Street interchange
between Route 17 and
Route 15 in Erwin...
1675. New York Construct intermodal 6
project at Castle
Clinton and Battery
Park, New York City.
1676. New York Relocate toll barrier 6.1
in Williamsville....
1677. New York Construct Route 219 20
from Springville to
Salamanica (Route 13
to Route 17)........
1678. New York Design/construct 20
upgraded interchange
between I-84 and I-
87 near Stuart
International
Airport, Newburg....
1679. New York Renovate/reconstruct 40
James A. Farley Post
Office, New York
City, as new Amtrak
station.............
1680. New York Renovate Hellgate 15
Bridge, New York
City................
1681. Ohio Upgrade intersection 5
of U.S. 20 and SR
420, Woodville......
1682. Ohio Improve intersection 3
at SR 327 and U.S.
32, Wellston........
1683. Ohio Upgrade U.S. 20 in 3
Painesville, Perry,
and Madison.........
1684. Ohio Upgrade U.S. 30 and 4
Hill-Diley Road,
Lancaster...........
1685. Ohio Upgrade Caves Road, 2
Geauga County.......
1686. Ohio Upgrade SR 2 between 5
Oregon and Camp
Perry...............
1687. Ohio Construct intermodal 8
transit center in
Cincinnati..........
1688. Ohio High priority highway 34.325
and bridge projects.
[[Page 112 STAT. 319]]
1689. Ohio Upgrade intersection 4
of U.S. 35 and
Fairfield Road......
1690. Oklahoma Reconstruct/widen I- 30.912
40 Crosstown Bridge
and Realignment,
Oklahoma City.......
1691. Oregon Relocate Highway 126 4
through Redmond.....
1692. Oregon Widen U.S. 30 from 7.8
two lanes to four
lanes in Pendleton..
1693. Oregon Restore funding for 2.5
Broadway Bridge
Project.............
1694. Oregon Restore funding for I- 1.75
5/217 Kruse Way
Project.............
1695. Oregon Restore funding for 0.175
Astoria Hazard
Recovery Railroad
Slide...............
1696. Oregon Restore funding for 2
South Rivergate
Overcrossing Project
1697. Oregon Restore funding for 4
Medford Highway 62/
99 Project..........
1698. Oregon Restore funding for I- 1.8
205 Sunnybrooke
Interchange Project.
1699. Pennsylvania Reconstruction of I- 1
79 from PA 285 to
U.S. 6, Crawford
County..............
1700. Pennsylvania Relocation of U.S. 15 1
from U.S. 522 to PA
147 in Snyder,
Union, and
Northumberland
Counties............
1701. Pennsylvania Reconstruct I-81/ 1
Davis Street
Interchange,
Lackawanna County...
1702. Pennsylvania Construct American 1
Parkway Bridge
project, Allentown..
1703. Pennsylvania Construct Williams- 1
Lycoming County
Airport access road
from I-80 to the
Airport.............
1704. Pennsylvania Rehabilitate Streets 0.5
Run Road for
emergency access....
1705. Pennsylvania Construct pedestrian 1
bridge, Vine Street
Expressway between
15th and 16th
Streets.............
1706. Pennsylvania North Shore roadway 2.505
and pedestrian
improvements,
Pittsburgh..........
1707. Pennsylvania Widening and 2.5
reconstruction of
U.S. 30, Lancaster
County..............
1708. Pennsylvania Construction of Erie 2
Bayside Connector,
Erie County.........
1709. Pennsylvania Construct 1
Independence Gateway
Transportation
Center project,
Philadelphia........
1710. Pennsylvania Road construction in 3
and around former
Bethlehem Steel
plant site..........
1711. Pennsylvania Roadway and 2.5
pedestrian
improvements for
North Shore Central
Business District
Corridor
Transportation
Project, Pittsburgh.
1712. Pennsylvania Construction at 2
Williamsport
Airport, Lycoming
County..............
1713. Pennsylvania Construct U.S. 322 3
Conchester Highway
between U.S. 1 and
SR 452..............
1714. Pennsylvania Construct I-95 access 5
ramps at and around
Philadelphia
International
Airport.............
1715. Pennsylvania Reconstruct SR 309 in 2
Eastern Montgomery
County..............
1716. Pennsylvania Lancaster County 1
airport runway
extension...........
[[Page 112 STAT. 320]]
1717. Pennsylvania Construct safety and 1
capacity
improvements to
Route 309 and Old
Packhouse Road,
including widening
of Old Packhouse
Road between
KidsPeace National
Hospital and Route
309, Lehigh County..
1718. Pennsylvania Construct grade 1
separated
interchange on Old
Route 60 at
Pittsburgh Airport,
Allegheny County....
1719. Pennsylvania Improvements to SR 2
412 from I-78 to
Bethlehem Steel site
and road
improvements for
rail intermodal
facility, Bethlehem.
1720. Pennsylvania Construct new 1
interchange at
Settler's Cabin,
Allegheny County....
1721. Pennsylvania Improve access and 5
interchange from I-
95 to International
terminal at
Philadelphia
International
Airport.............
1722. Pennsylvania Relocate Route 15 at 1
Selinsgrove and
Shamokin Dam, Snyder
County..............
1723. Pennsylvania Construct access to 2
site of former
Philadelphia Naval
Shipyard and Base...
1724. Pennsylvania Reconstruct I-80, 1
Mercer and Venango
Counties............
1725. Pennsylvania Construct Erie 3
Eastside Connector..
1726. Pennsylvania Reconstruct main line 1
I-179...............
1727. Pennsylvania Upgrade U.S. 219 5
between Meyersdale
and Somerset........
1728. Pennsylvania Relocate Route 222 in/ 3
around Trexlertown,
Lehigh County.......
1729. Pennsylvania Widen Broad Street 2
and related
improvements,
Hazelton............
1730. Pennsylvania Construct Cranberry 2
Connector, I-79/
Route 19/PA
Turnpike, Butler
County..............
1731. Pennsylvania Construct Warren 3
Street Extension,
Reading.............
1732. Pennsylvania Construct new lane on 5
Route 15, Tioga
County..............
1733. Pennsylvania Construct Mon Fayette 5
Expressway between
WV and Fairchance...
1734. Pennsylvania Reconstruct Ft. Pitt 19
Bridge and Tunnel,
Pittsburgh..........
1735. Pennsylvania Construct new 5
interchange at I-95
and PA Turnpike and
related improvements
1736. Rhode Island Construct Blackstone 8.843
River bikeway.......
1737. Rhode Island Construct 3.1
Woonasquatucket
bikeway.............
1738. South Carolina Replace Cooper River 19.311
Bridges, Charleston.
1739. South Dakota Construct Eastern 12.832
Dakota Expressway
between Aberdeen at
I-29................
1740. South Dakota Preserve Skyline 0.5
Drive Scenic
Ridgetop in Rapid
City................
1741. South Dakota Construct new 1
interchange and
access road on
Interstate 90 at Box
Elder...............
1742. Tennessee Reconstruction of Old 0.42
Walland Highway
Bridge over Little
River, Townsend.....
1743. Tennessee Construct pedestrian 0.7
and bicycle pathway
to connect with
Mississippi River
Trail and restore
historic
cobblestones on the
Riverfront, Memphis.
1744. Tennessee High priority highway 44.048
and bridge projects.
[[Page 112 STAT. 321]]
1745. Utah Construct Phase 2 of 1.5
the University
Avenue Interchange,
Provo...............
1746. Utah Engineer/reconstruct 0.85
at Brown's Park
Road, Daggett County
1747. Utah Construct Cache 1
Valley Highway in
Logan...............
1748. Utah Gateway Redevelopment 1
Area road
reconstruction, Salt
Lake City...........
1749. Utah Widen/improve 123rd/ 0.5
126th South from 700
East to Jordan
River, Draper.......
1750. Utah Construct Cache 2
Valley Highway in
Logan...............
1751. Utah Widen/improve 123rd/ 0.5
126th South from
Jordan River to
Bangerter Highway in
Riverton............
1752. Utah Construct underpass 1
at 100 South, in
Sandy...............
1753. Utah Extend Main Street 2
from 5600 South to
Vine Street, Murray.
1754. Utah Construct Phase 2 of 1
the University
Avenue Interchange,
Provo...............
1755. Utah Widen 7200 West, 0.35
Midvale.............
1756. Utah Construct I-15 2
interchange at
Atkinville..........
1757. Utah Improve 5600 West 1
Highway from 2100
South to 4100 South
in West Valley
County..............
1758. Virginia Construct 4
Southeastern Parkway
and Greenbelt,
Virginia Beach......
1759. Virginia Construct Route 288, 2
Richmond............
1760. Virginia Planning/design for 5
Coalfields
Expressway,
Buchanan, Dickinson,
and Wise Counties...
1761. Virginia Complete new section 2
of Fairfax County
Parkway, Fairfax
County..............
1762. Virginia Reconstruct SR 168 3
(Battlefield
Boulevard),
Chesapeake..........
1763. Virginia Phase 1 Downtown 0.2
Staunton Streetscape
Plan................
1764. Virginia Commuter/freight rail 2
congestion/
mitigation project
over Quantico Creek.
1765. Virginia Conduct preliminary 1
engineering on I-73
between Roanoke and
VA/NC State line....
1766. Virginia Construct I-95/State 1
Route 627
interchange,
Stafford County.....
1767. Virginia Improve Lee Highway 1
Corridor in Fairfax.
1768. Virginia Construct Third 3
Bridge/Tunnel
Crossing of Hampton
Rd..................
1769. Virginia Widen I-64 Bland 3
Boulevard
interchange.........
1770. Virginia Construct ``Smart 5
Road'' in Blacksburg
1771. Virginia Reconstruct I-66/ 15
Route 29
interchange,
Gainesville.........
1772. Vermont Upgrade and Improve 9.168
Publicly-Owned
Vermont Rail
Infrastructure from
Bennington to
Burlington..........
1773. Washington Hood River Bridge SR 0.192
35..................
1774. Washington Port of Kalama River 0.169
Bridge..............
1775. Washington Huntington Avenue 0.138
South Castle Rock...
1776. Washington Port of Longview 0.477
Industrial Rail
Corridor............
1777. Washington I-5 interchange, 1.27
Lewis County........
1778. Washington Safety Improvements 0.775
to SR 14 Columbia
Gorge...............
1779. Washington Construct 192nd 0.962
Street from SR 14 to
SE 15th, Vancouver..
[[Page 112 STAT. 322]]
1780. Washington Widen U.S. 395 north 1.9
of Spokane..........
1781. Washington Columbia Center 0.309
Boulevard, Kennewick
1782. Washington Construct Washington 0.231
Pass Visitors Center
1783. Washington Improve Hillsboro 0.682
Street/Highway 395
intersection, Pasco.
1784. Washington Reconstruct I-82/Keys 1.663
Road Intersection,
Yakima..............
1785. Washington Construct Sequim/ 0.192
Dungeness Valley
Trail Project.......
1786. Washington Widen SR 99 between 0.577
148th Street and
King County Line,
Lynnwood............
1787. Washington Improve I-5/196th 0.866
Street Interchange,
Lynnwood............
1788. Washington Construct SR 305 0.673
corridor
improvement,
Poulsboro...........
1789. Washington Edmonds Crossing 0.962
multi-modal
transportation
project.............
1790. Washington Construct Cross Base 0.115
Corridor Ft. Lewis/
McChord AFB.........
1791. Washington Reconstruct I-5 0.288
Interchange, City of
Lacey...............
1792. Washington Construct SR 167 0.288
Corridor............
1793. Washington Southworth Seattle 0.962
Ferry...............
1794. Washington Undertake SR 166 1.25
slide repair........
1795. Washington Construct SR 7 Elbe 0.15
rest area and
interpretive
facility............
1796. Washington Extend Mill Plain 1
Boulevard, Vancouver
1797. Washington Construct I-405/NE 5.875
8th Street
Interchange,
Bellevue............
1798. Washington Improve I-90/Sunset 4.95
Way Interchange,
Issaquah............
1799. Washington Clinton Ferry 1.2
Terminal............
1800. Washington 8th Street, East 0.25
Pierce County.......
1801. Washington Shaw Road/Puyallup 0.375
extension...........
1802. Washington 180th, Tukwila....... 0.5
1803. Washington South 277th, Auburn 0.5
(UP)................
1804. Washington South 277th, Auburn 0.5
(BNSF)..............
1805. Washington Construct Southwest 0.75
Third Street........
1806. Washington Construct Port of 1.125
Tacoma Road.........
1807. Washington Construct North 4
Duwamish Intermodal
Project.............
1808. West Virginia Construct Coalfields 22.69
Expressway..........
1809. Wyoming State Priority 13.934
Projects............
1810. New Mexico Construct Rio Rancho 20
Highway.............
1811. Massachusetts Reconstruct 1
Huntington Avenue...
1812. Texas Relocate railroad 10
Bryan/College
Station at Texas A&M
or any other high
priority project....
1813. Texas High priority highway 133.863
and bridge projects.
1814. Arizona High priority highway 31.076
and bridge projects.
1815. Delaware High priority highway 8.868
and bridge projects.
1816. Hawaii High priority highway 10.379
and bridge projects.
1817. Wisconsin High priority highway 39.926
and bridge projects.
1818. Arkansas High priority highway 15
and bridge projects.
1819. Maine High priority highway 10
and bridge projects.
1820. Texas Relocate railroad 15
line in Bryan and
College Station,
Texas A&M University
1821. Virginia High priority highway 5
and bridge projects.
1822. New Hampshire High priority highway 5
and bridge projects.
1823. Idaho High priority highway 5
and bridge projects.
[[Page 112 STAT. 323]]
1824. Arkansas Conduct seismic 5
design and
deployment projects.
1825. Missouri High priority highway 10
and bridge projects.
1826. Wyoming High priority highway 5
and bridge projects.
1827. Rhode Island Construct pedestrian 5
and bicycle
facilities..........
1828. Oklahoma High priority highway 5
and bridge projects.
1829. Colorado High priority highway 5
and bridge projects.
1830. Alabama Develop Huntsville 1
Southern Bypass.....
1831. Alabama Replace bridge over 1
Tombigbee River,
Naheola.............
1832. Alabama Construct Anniston 1
Eastern Bypass......
1833. Alabama Construct East Foley 0.75
Corridor Project
from Baldwin County
Highway 20 to State
Highway 59..........
1834. Alabama Construct Decatur 1
Southern Bypass.....
1835. Alabama Construct Montgomery 1
Outer Loop from U.S.
80 to I-85 via I-65.
1836. Alabama Develop Birmingham 1.45
Northern Beltline...
1837. Alabama Construct bridge over 1
Tennessee River
connecting Muscle
Shoals and Florence.
1838. Alabama Create National 1.8
University
Transportation
Center at the
University of
Alabama.............
1839. Alabama University of Alabama 2.25
at Birmingham-Trauma
Care Center.........
1840. Alabama Conduct advance 2
vehicle
transportation
research program at
the University of
Alabama at
Tuscaloosa..........
1841. Alabama Conduct asphalt 0.5
research program at
Auburn University...
1842. Alabama Conduct Global 0.25
Climate Research
Program at the
University of
Alabama at
Huntsville..........
1843. California Conduct Golden Gate 26
Seismic Retrofit
Project.............
1844. Oregon Prepare and preserve 30
high priority
highways............
1845. South Dakota Construct Eastern 23.768
Dakota Expressway
from Aberdeen to I-
29..................
1846. Massachusetts High priority highway 25
and bridges.........
1847. Pennsylvania Reconstruct and 50
improve I-95 in
Delaware,
Philadelphia and
Bucks Counties......
1848. Pennsylvania Reconstruct and 50
improve U.S. 22 in
Westmoreland and
Indiana Counties....
1849. South Carolina Replace Cooper River 20
Bridges, Charleston.
1850. Alaska Construct Bradfield 1
Canal Road..........
------------------------------------------------------------------------
SEC. 1603. SPECIAL RULE.
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.
TITLE II--HIGHWAY SAFETY
SEC. 2001. HIGHWAY SAFETY PROGRAMS.
(a) Uniform Guidelines.--Section 402(a) of title 23, United States
Code, is amended--
[[Page 112 STAT. 324]]
(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-- <<NOTE: 23 USC 402.>>
(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:
[[Page 112 STAT. 325]]
``(j) Rulemaking Proceeding.--The Secretary may periodically conduct
a rulemaking process to identify highway safety programs that are highly
effective in reducing motor vehicle crashes, injuries, and deaths. Any
such rulemaking shall take into account the major role of the States in
implementing such programs. When a rule promulgated in accordance with
this section takes effect, States shall consider these highly effective
programs when developing their highway safety programs.''.
(f) Highway Safety Education and Information.-- <<NOTE: 23 USC 402
note.>>
(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) <<NOTE: Reports.>> 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).
SEC. 2002. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
(a) Authority of the Secretary.--Section 403(a)(2)(A) of title 23,
United States Code, is amended by inserting ``, including training in
work zone safety management'' after ``personnel''.
(b) Drugs and Driver Behavior.--
(1) In general.--Section 403(b) of such title is <<NOTE: 23
USC 403.>> 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).
SEC. 2003. OCCUPANT PROTECTION.
(a) Occupant Protection Incentive Grants.--
(1) In general.--Chapter 4 of title 23, United States Code,
is amended by inserting after section 404 the following:
``Sec. 405. Occupant protection incentive grants
``(a) General Authority.--
[[Page 112 STAT. 326]]
``(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
[[Page 112 STAT. 327]]
programs about proper seating positions for children in air bag
equipped motor vehicles and instruction on how to reduce the
improper use of child restraint systems.
``(6) Child passenger protection law.--The State has in
effect a law that requires minors who are riding in a 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.-- <<NOTE: 23 USC
405 note.>>
(1) In general.--The Secretary may make a grant to a State
that submits an application, in such form and manner as the
Secretary may prescribe, that is approved by the Secretary to
carry out the activities specified in paragraph (2) through--
[[Page 112 STAT. 328]]
(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.
SEC. 2004. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.
(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
[[Page 112 STAT. 329]]
the influence of alcohol. Such grants may only be used by
recipient States to implement and enforce such programs.
``(2) Maintenance of effort.--No grant may be made to a
State under this section in any fiscal year unless the State
enters into such agreements with the Secretary as the Secretary
may require to ensure that the State will maintain its aggregate
expenditures from all other sources for alcohol traffic safety
programs at or above the average level of such expenditures in
its 2 fiscal years preceding the date of 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.
[[Page 112 STAT. 330]]
``(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
[[Page 112 STAT. 331]]
has been lower than the average percentage for all
States in each of the calendar years referred to in
subparagraph (A).
``(3) Basic grant amount.--The amount of a basic grant made
to a State for a fiscal year under this subsection shall equal
up to 25 percent of the amount apportioned to the State for
fiscal year 1997 under section 402.
``(c) Supplemental Grants.--
``(1) In general.--Upon receiving an application from a
State, the Secretary may make supplemental grants to the State
for meeting 1 or more of the following criteria:
``(A) Video equipment for detection of drunk
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.
[[Page 112 STAT. 332]]
``(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) <<NOTE: 23 USC 410 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on October 1, 1998.
SEC. 2005. STATE HIGHWAY SAFETY DATA IMPROVEMENTS.
(a) In General.--Chapter 4 of title 23, United States Code, is
further amended by adding at the end the following:
``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
[[Page 112 STAT. 333]]
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
[[Page 112 STAT. 334]]
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.''.
[[Page 112 STAT. 335]]
SEC. 2006. NATIONAL DRIVER REGISTER.
(a) Transfer of Selected Functions to Non-Federal Management.--
Section 30302 of title 49, United States Code, is amended by adding at
the end the following:
``(e) Transfer of Selected Functions to Non-Federal Management.--
``(1) Agreement.--The Secretary may enter into an 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
[[Page 112 STAT. 336]]
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. <<NOTE: Reports.>> 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.-- <<NOTE: 49 USC
30301 note.>>
(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.
SEC. 2007. SAFETY STUDIES. <<NOTE: 23 USC 403 note.>>
(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.
[[Page 112 STAT. 337]]
(b) School Bus Occupant Safety Study.--The Secretary shall conduct a
study to assess occupant safety in school buses. The study shall examine
available information about occupant safety and analyze options for
improving occupant safety.
(c) Reports.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall transmit to Congress a report on the
results of each study conducted under this section.
(d) Limitation on Funding.--The Secretary may not expend more than
$200,000 from funds made available by section 403 of title 23, United
States Code, for conducting each study under this section.
SEC. 2008. <<NOTE: 23 USC 410 note.>> EFFECTIVENESS OF LAWS
ESTABLISHING MAXIMUM BLOOD ALCOHOL CONCENTRATIONS.
(a) Study.--The Comptroller General shall conduct a study to
evaluate the effectiveness of State laws that--
(1) deem any individual with a blood alcohol concentration
of 0.08 percent or greater while 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.
SEC. 2009. AUTHORIZATIONS OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Highway safety programs.--For carrying out section 402
of title 23, United States Code, $149,700,000 for fiscal year
1998, $150,000,000 for fiscal year 1999, $152,800,000 for fiscal
year 2000, $155,000,000 for fiscal year 2001, $160,000,000 for
fiscal year 2002, and $165,000,000 for fiscal year 2003.
(2) Highway safety research and development.--For carrying
out section 403 of title 23, United States Code, $72,000,000 for
each of fiscal years 1998 through 2003.
(3) Occupant protection incentive grants.--For 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.
[[Page 112 STAT. 338]]
(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.
TITLE <<NOTE: Federal Transit Act of 1998. Grants. Inter- governmental
relations. Loans.>> III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS
SEC. 3001. SHORT TITLE. <<NOTE: 49 USC 5101 note.>>
This title may be cited as the ``Federal Transit Act of 1998''.
SEC. 3002. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this title an
amendment or repeal is expressed in terms of an 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.
SEC. 3003. DEFINITIONS.
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
[[Page 112 STAT. 339]]
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--
[[Page 112 STAT. 340]]
``(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.
[[Page 112 STAT. 341]]
``(13) State.--The term `State' means a State of the United
States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the Virgin Islands.
``(14) Transit.--The term `transit' means mass
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).''.
SEC. 3004. METROPOLITAN PLANNING.
(a) General Requirements; Scope of Planning Process.--Section 5303
is amended by striking subsections (a) and (b) and inserting the
following:
``(a) General Requirements.--
``(1) Development of plans and programs.--To carry out
section 5301(a), metropolitan planning organizations designated
under subsection (c), in cooperation with the States and mass
transportation operators, shall develop transportation plans and
programs for urbanized areas of the State.
[[Page 112 STAT. 342]]
``(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'';
[[Page 112 STAT. 343]]
(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);
[[Page 112 STAT. 344]]
``(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)--
[[Page 112 STAT. 345]]
(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''.
SEC. 3005. TRANSPORTATION IMPROVEMENT PROGRAM.
(a) Development and Update.--The second sentence of section 5304(a)
is amended--
(1) by striking ``the organization'' and inserting ``the
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
[[Page 112 STAT. 346]]
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.''.
SEC. 3006. TRANSPORTATION MANAGEMENT AREAS.
(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
[[Page 112 STAT. 347]]
be considered to be a Federal action subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
SEC. 3007. URBANIZED AREA FORMULA GRANTS.
(a) Section Heading.--
(1) Amendment to section 5307.--Section 5307 is amended by
striking the section heading and inserting the following:
``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 <<NOTE: Certification.>> 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
[[Page 112 STAT. 348]]
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,''.
SEC. 3008. CLEAN FUELS FORMULA GRANT PROGRAM.
(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.
[[Page 112 STAT. 349]]
``(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--
[[Page 112 STAT. 350]]
``(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
[[Page 112 STAT. 351]]
``(II) a serious carbon monoxide
nonattainment area under subpart 3 of
part D of title I of the Clean Air Act
(42 U.S.C. 7512 et seq.);
``(v) 1.4 if, at the time of the
apportionment, the area is classified as--
``(I) a severe ozone nonattainment
area under subpart 2 of part D of title
I of the Clean Air Act (42 U.S.C. 7511
et seq.); or
``(II) a severe carbon monoxide
nonattainment area under subpart 3 of
part D of title I of the Clean Air Act
(42 U.S.C. 7512 et seq.); or
``(vi) 1.5 if, at the time of the
apportionment, the area is classified as--
``(I) an extreme ozone nonattainment
area under subpart 2 of part D of title
I of the Clean Air Act (42 U.S.C. 7511
et seq.); or
``(II) an extreme carbon monoxide
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.
[[Page 112 STAT. 352]]
``(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.''.
SEC. 3009. CAPITAL INVESTMENT GRANTS AND LOANS.
(a) Section Heading.--Section 5309 is amended in the section heading
by striking ``Discretionary'' and inserting ``Capital investment''.
(b) Conforming Amendment.--The item relating to section 5309 in the
table of sections for chapter 53 is amended by striking
``Discretionary'' and inserting ``Capital investment''.
(c) General Authority.--Section 5309(a)(1) is amended--
(1) by redesignating subparagraphs (F) and (G) as
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;
[[Page 112 STAT. 353]]
``(B) justified based on a comprehensive review of
its mobility improvements, environmental benefits, cost
effectiveness, and operating efficiencies; and
``(C) supported by an acceptable degree of local
financial commitment, including evidence of stable and
dependable financing sources to construct, maintain, and
operate the system or extension.
``(2) Alternatives analysis and preliminary 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;
[[Page 112 STAT. 354]]
``(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
[[Page 112 STAT. 355]]
completely with amounts made available from the Highway
Trust Fund (other than the Mass Transit Account).
``(D) Previously issued letter of intent or full
funding grant agreement.--This subsection does not apply
to projects for which the Secretary has issued a letter
of intent or entered into a full funding grant 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
[[Page 112 STAT. 356]]
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.
[[Page 112 STAT. 357]]
``(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.''.
SEC. 3010. DOLLAR VALUE OF MOBILITY IMPROVEMENTS. <<NOTE: 49 USC 5309
note.>>
(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.
SEC. 3011. LOCAL SHARE. <<NOTE: 49 USC 5307 note.>>
(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
[[Page 112 STAT. 358]]
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.
SEC. 3012. INTELLIGENT TRANSPORTATION SYSTEMS APPLICATIONS.
(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.
[[Page 112 STAT. 359]]
(2) Action required by septa.--This subsection shall take
effect only if SEPTA issues a request for cost proposals to the
4 selectees from the full and open competition under SEPTA's
Request for Technical Proposals for Project S-2814-2 not later
than 60 days after the date of enactment of this Act.
SEC. 3013. FORMULA GRANTS AND LOANS FOR SPECIAL NEEDS OF ELDERLY
INDIVIDUALS AND INDIVIDUALS WITH 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''.
SEC. 3014. FORMULA PROGRAM FOR OTHER THAN URBANIZED AREAS.
(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''.
SEC. 3015. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TRAINING PROJECTS.
(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,
[[Page 112 STAT. 360]]
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
[[Page 112 STAT. 361]]
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.-- <<NOTE: 49 USC 322 note.>>
(1) In general.--The Secretary shall make grants for the
development of low speed magnetic levitation technology for
public transportation purposes in urban areas to demonstrate
energy efficiency, congestion mitigation, and safety benefits.
(2) Funding.--Of the amounts made available under 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.
SEC. 3016. NATIONAL PLANNING AND RESEARCH PROGRAMS.
Section 5314(a)(2) is amended by striking ``$2,000,000'' and
inserting ``$3,000,000''.
SEC. 3017. NATIONAL TRANSIT INSTITUTE.
(a) In General.--Section 5315(a) is amended--
(1) in paragraph (5) by inserting ``and architectural
design'' before the semicolon at the end;
(2) in paragraph (7) by striking ``carrying out'' and
inserting ``delivering'';
(3) in paragraph (11) by inserting ``, construction
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''.
SEC. 3018. BUS TESTING FACILITIES.
(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
[[Page 112 STAT. 362]]
(4) by inserting ``mass transportation'' after ``and
other''.
(b) Availability of Amounts.--Section 5318(d) is amended by striking
``make a contract with'' and inserting ``enter into a contract or
cooperative agreement with, or make a grant to,''.
SEC. 3019. BICYCLE FACILITIES.
Section 5319 is amended by striking ``under this section is for 90
percent of the cost of the project'' and inserting ``made 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''.
SEC. 3020. GENERAL PROVISIONS ON ASSISTANCE.
(a) Technical Amendment.--Section 5323(d) is amended by striking
``Buying and Operating Buses.--'' and inserting ``Condition on Charter
Bus Transportation Service.--''.
(b) Buy America.--Section 5323(j)(7) is amended to read as follows:
``(7) Opportunity to correct inadvertent error.--The
Secretary may allow a manufacturer or supplier of steel, iron,
or manufactured goods to correct after bid opening any
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.''.
[[Page 112 STAT. 363]]
(e) Submission of Certifications.--Section 5323 is amended by adding
at the end the following:
``(n) Submission of Certifications.--A certification required under
this chapter and any additional certification or assurance required by
law or regulation to be submitted to the Secretary may be consolidated
into a single document to be submitted annually as part of a grant
application under this chapter. <<NOTE: Publication.>> 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.''.
SEC. 3021. <<NOTE: 49 USC 5307 note.>> PILOT PROGRAM FOR INTERCITY RAIL
INFRASTRUCTURE INVESTMENT 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.
SEC. 3022. CONTRACT REQUIREMENTS.
(a) Efficient Procurement.--Section 5325 is amended--
(1) by striking subsections (b) and (c);
(2) by redesignating subsection (d) as subsection (b); and
(3) by adding at the end the following:
``(c) Efficient Procurement.--A recipient may award a procurement
contract under this chapter to other than the lowest bidder when the
award furthers an objective consistent with the purposes of this
chapter, including improved long-term operating efficiency and lower
long-term costs.''.
[[Page 112 STAT. 364]]
SEC. 3023. SPECIAL PROCUREMENTS.
(a) Turnkey System Projects.--Section 5326(a) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Turnkey system project defined.--In this subsection,
the term `turnkey system project' means a project under which a
recipient enters into a contract with a seller, firm, or
consortium of firms to design and build a mass transportation
system or an operable segment thereof that meets specific
performance criteria. Such project may also include an option to
finance, or operate for a period of time, the system or segment
or any combination of designing, building, operating, or
maintaining such system or segment.'';
(2) in paragraph (2)--
(A) by inserting ``Selection of turnkey proj-
ects.--'' after ``(2)''; and
(B) by inserting ``or an operable segment of a mass
transportation system'' after ``transportation system'';
(3) in paragraph (3) by inserting ``Demonstrations.--''
after ``(3)''; and
(4) by aligning paragraphs (2) and (3) with paragraph (1) of
such section, as amended by paragraph (1) of this section.
(b) Technical Amendment.--Section 5326 is amended by striking
subsection (c) and inserting the following:
``(c) Acquiring Rolling Stock.--A recipient of financial assistance
under this chapter may enter into a contract to expend that assistance
to acquire rolling stock--
``(1) based on--
``(A) initial capital costs; or
``(B) performance, standardization, life cycle
costs, and other factors; or
``(2) with a party selected through a competitive
procurement process.
``(d) Procuring Associated Capital Maintenance Items.--A recipient
of assistance under section 5307 procuring an associated capital
maintenance item under section 5307(b) may enter into a contract
directly with the original manufacturer or supplier of the item to be
replaced, without receiving prior approval of the Secretary, if the
recipient first certifies in writing to the Secretary that--
``(1) the manufacturer or supplier is the only source for
the item; and
``(2) the price of the item is no more than the price that
similar customers pay for the item.''.
(c) Conforming Amendment.--Section 5334(b)(4) is amended by striking
``5323(a)(2), (c) and (e), 5324(c), and 5325 of this title'' and
inserting ``5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a), 5325(b),
5326(c), and 5326(d)''.
SEC. 3024. PROJECT MANAGEMENT OVERSIGHT AND REVIEW.
(a) Limitation on Use of Available Amounts.--Section 5327(c)(2) is
amended--
(1) by striking ``make contracts'' and inserting ``enter
into contracts''; and
(2) by inserting before the period at the end of the first
sentence the following: ``and to provide technical assistance to
correct deficiencies identified in compliance reviews and audits
carried out under this section''.
[[Page 112 STAT. 365]]
(b) Financial Plan.--Section 5327 is amended by adding at the end
the following:
``(f) Financial Plan.--A recipient of financial assistance for a
project under this chapter with an estimated total cost of
$1,000,000,000 or more shall submit to the Secretary an annual financial
plan for the project. The plan shall be based on detailed annual
estimates of the cost to complete the remaining elements of the project
and on reasonable assumptions, as determined by the Secretary, of future
increases in the cost to complete the project.''.
SEC. 3025. ADMINISTRATIVE PROCEDURES.
(a) Training and Conference Costs.--Section 5334(a) is amended--
(1) in paragraph (8) by striking ``and'' at the end;
(2) in paragraph (9) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) collect fees to cover the costs of training or
conferences, including costs of promotional materials, sponsored
by the Federal Transit Administration to promote mass
transportation and credit amounts collected to the appropriation
concerned.''.
(b) Technical Amendments.--
(1) Section heading.--The heading for section 5334 is
amended by inserting ``provisions'' after ``Administrative''.
(2) Table of sections.--The item relating to section 5334 in
the table of sections for chapter 53 is amended by inserting
``provisions'' after ``Administrative''.
(c) Proceeds From Sale of Transit Assets.--Section 5334(g) is
amended by adding at the end the following:
``(4) Proceeds from the sale of transit assets.--
``(A) In general.--When real property, equipment, or
supplies acquired with assistance under this chapter are
no longer needed for mass transportation purposes as
determined under the applicable assistance agreement,
the Secretary may authorize the sale, transfer, or lease
of the assets under conditions determined by the
Secretary and subject to the requirements of this
subsection.
``(B) Use.--The net income from asset sales, uses,
or leases (including lease renewals) under this
subsection shall be used by the recipient to reduce the
gross project cost of other capital projects carried out
under this chapter.
``(C) Relationship to other authority.--The
authority of the Secretary under this subsection is in
addition to existing authorities controlling allocation
or use of recipient income otherwise permissible in law
or regulation in effect prior to the date of enactment
of this paragraph.''.
SEC. 3026. REPORTS AND AUDITS.
(a) National Transit Database.--Section 5335(a) is
amended--
(1) by striking ``Reporting System and Uniform System of
Accounts and Records'' and inserting ``National Transit
Database''; and
(2) in paragraph (1)--
(A) by striking ``by uniform categories,'' and
inserting ``using uniform categories''; and
[[Page 112 STAT. 366]]
(B) by striking ``and a uniform system of accounts
and records'' and inserting ``and using a uniform system
of accounts''.
(b) Reports.--Section 5335 is amended--
(1) by striking subsections (b) and (c); and
(2) by redesignating subsection (d) as subsection (b).
SEC. 3027. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS.
(a) In General.--Section 5336 is amended in the section
heading by striking ``block grants'' and inserting ``formula grants''.
(b) Repeal.--Section 5336(d) is amended to read as follows:
``(d) [Reserved.]''.
(c) <<NOTE: 49 USC 5307 note.>> Continuation of Operating
Assistance to Certain Larger Urbanized Areas.--
(1) Provision of assistance.--Notwithstanding any other
provision of law, during the period described in paragraph (2),
the Secretary may continue to provide assistance under section
5307 of title 49, United States Code, to finance the operating
costs of equipment and facilities for use in mass transportation
in any urbanized area (as that term is defined in section 5302
of title 49, United States Code) with a population of at least
200,000, if the Secretary determines that--
(A) the number of the total bus revenue vehicle-
miles operated in or directly serving the area is less
than 600,000; and
(B) the number of buses operated in or directly
serving the area does not exceed 15.
(2) Period described.--For purposes of paragraph (1), the
period described in this paragraph is the period beginning on
the date of enactment of this Act and ending on the earlier of--
(A) 3 years after the date of enactment of this Act;
and
(B) the date on which the Secretary determines
that--
(i) the number of the total bus revenue
vehicle-miles operated in or directly serving the
area is greater than or equal to 600,000; and
(ii) the number of buses operated in or
directly serving the area exceeds 15.
SEC. 3028. APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY
MODERNIZATION.
(a) Distribution.--Section 5337(a) is amended to read as
follows:
``(a) Distribution.--The Secretary shall apportion amounts made
available for fixed guideway modernization under section 5309 for each
of fiscal years 1998 through 2003 as follows:
``(1) The first $497,700,000 shall be apportioned in the
following urbanized areas as follows:
``(A) Baltimore, $8,372,000.
``(B) Boston, $38,948,000.
``(C) Chicago/Northwestern Indiana, $78,169,000.
``(D) Cleveland, $9,509,500.
``(E) New Orleans, $1,730,588.
``(F) New York, $176,034,461.
``(G) Northeastern New Jersey, $50,604,653.
[[Page 112 STAT. 367]]
``(H) Philadelphia/Southern New Jersey, $58,924,764.
``(I) Pittsburgh, $13,662,463.
``(J) San Francisco, $33,989,571.
``(K) Southwestern Connecticut, $27,755,000.
``(2) The next $70,000,000 shall be apportioned as follows:
``(A) 50 percent in the urbanized areas listed in
paragraph (1), as provided in section 5336(b)(2)(A).
``(B) 50 percent in other urbanized areas eligible
for assistance under section 5336(b)(2)(A) to which
amounts were apportioned under this section for fiscal
year 1997, as provided in section 5336(b)(2)(A) and
subsection (e) of this section.
``(3) The next $5,700,000 shall be apportioned in the
following urbanized areas as follows:
``(A) Pittsburgh, 61.76 percent.
``(B) Cleveland, 10.73 percent.
``(C) New Orleans, 5.79 percent.
``(D) 21.72 percent in urbanized areas to which
paragraph (2)(B)(ii) applies, as provided in section
5336(b)(2)(A) and subsection (e) of this section.
``(4) The next $186,600,000 shall be apportioned in each
urbanized area to which paragraph (1) applies and in each
urbanized area to which paragraph (2)(B) applies, as provided in
section 5336(b)(2)(A) and subsection (e) of this section.
``(5) The next $70,000,000 shall be apportioned as follows:
``(A) 65 percent in the urbanized areas listed in
paragraph (1), as provided in section 5336(b)(2)(A) and
subsection (e) of this section.
``(B) 35 percent to other urbanized areas eligible
for assistance under section 5336(b)(2)(A) if the areas
contain fixed guideway systems placed in revenue service
at least 7 years before the fiscal year in which amounts
are made available and in any urbanized area if, before
the first day of the fiscal year, the area satisfies the
Secretary that the area has modernization needs that
cannot adequately be met with amounts received under
section 5336(b)(2)(A), as provided in section
5336(b)(2)(A) and subsection (e) of this section.
``(6) The next $50,000,000 shall be apportioned as follows:
``(A) 60 percent in the urbanized areas listed in
paragraph (1), as provided in section 5336(b)(2)(A) and
subsection (e) of this section.
``(B) 40 percent to urbanized areas to which
paragraph (5)(B) applies, as provided in section
5336(b)(2)(A) and subsection (e) of this section.
``(7) Remaining amounts shall be apportioned as follows:
``(A) 50 percent in the urbanized areas listed in
paragraph (1), as provided in section 5336(b)(2)(A) and
subsection (e) of this section.
``(B) 50 percent to urbanized areas to which
paragraph (5)(B) applies, as provided in section
5336(b)(2)(A) and subsection (e) of this section.''.
(b) Route Segments To Be Included in Apportionment Formulas.--
Section 5337 is amended by adding at the end the following:
``(e) Route Segments To Be Included in Apportionment Formulas.--
[[Page 112 STAT. 368]]
``(1) 1997 standard.--Amounts apportioned under paragraphs
(2)(B), (3), and (4) of subsection (a) shall have attributable
to each urbanized area only the number of fixed guideway revenue
miles of service and number of fixed guideway route miles for
segments of fixed guideway systems used to determine
apportionments for fiscal year 1997.
``(2) Other standards.--Amounts apportioned under paragraphs
(5) through (7) of subsection (a) shall have attributable to
each urbanized area only the number of fixed guideway revenue
miles of service and number of fixed guideway route-miles for
segments of fixed guideway systems placed in revenue service at
least 7 years before the fiscal year in which amounts are made
available.''.
SEC. 3029. AUTHORIZATIONS.
(a) In General.--Section 5338 is amended to read as follows:
``Sec. 5338. Authorizations
``(a) Formula Grants.--
``(1) Fiscal year 1998.--
``(A) From the trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5307, 5310, and 5311,
$2,260,000,000 for fiscal year 1998.
``(B) From the general fund.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out sections
5307, 5310, and 5311, $240,000,000 for fiscal year 1998.
``(C) Allocation of funds.--Of the aggregate of
amounts made available by and appropriated under this
paragraph for a fiscal year--
``(i) $4,849,950 shall be available to the
Alaska Railroad for improvements to its passenger
operations under section 5307;
``(ii) $62,219,389 shall be available to
provide transportation services to elderly
individuals and individuals with disabilities
under section 5310;
``(iii) $134,077,934 shall be available to
provide financial assistance for other than
urbanized areas under section 5311; and
``(iv) $2,298,852,727 shall be available to
provide financial assistance for urbanized areas
under section 5307.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5307, 5308, 5310, and 5311--
``(i) $2,280,000,000 for fiscal year 1999;
``(ii) $2,478,400,000 for fiscal year 2000;
``(iii) $2,676,000,000 for fiscal year 2001;
``(iv) $2,873,600,000 for fiscal year 2002;
and
``(v) $3,071,200,000 for fiscal year 2003.
``(B) From the general fund.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out sections
5307, 5308, 5310, and 5311--
``(i) $570,000,000 for fiscal year 1999;
[[Page 112 STAT. 369]]
``(ii) $619,600,000 for fiscal year 2000;
``(iii) $669,000,000 for fiscal year 2001;
``(iv) $718,400,000 for fiscal year 2002; and
``(v) $767,800,000 for fiscal year 2003.
``(C) Allocation of funds.--Of the aggregate of
amounts made available by and appropriated under this
paragraph for a fiscal year--
``(i) $4,849,950 shall be available to the
Alaska Railroad for improvements to its passenger
operations under section 5307;
``(ii) $50,000,000 shall be available to carry
out section 5308; and
``(iii) of the remaining amount--
``(I) 2.4 percent shall be available
to provide transportation services to
elderly individuals and individuals with
disabilities under section 5310;
``(II) 6.37 percent shall be
available to provide financial
assistance for other than urbanized
areas under section 5311; and
``(III) 91.23 percent shall be
available to provide financial
assistance for urbanized areas under
section 5307.
``(b) Capital Program Grants and Loans.--
``(1) Fiscal year 1998.--There shall be available from the
Mass Transit Account of the Highway Trust Fund to carry out
section 5309, $2,000,000,000 for fiscal year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out section 5309--
``(i) $1,805,600,000 for fiscal year 1999;
``(ii) $1,960,800,000 for fiscal year 2000;
``(iii) $2,116,800,000 for fiscal year 2001;
``(iv) $2,272,800,000 for fiscal year 2002;
and
``(v) $2,428,800,000 for fiscal year 2003.
``(B) From the general fund.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out section
5309--
``(i) $451,400,000 for fiscal year 1999;
``(ii) $490,200,000 for fiscal year 2000;
``(iii) $529,200,000 for fiscal year 2001;
``(iv) $568,200,000 for fiscal year 2002; and
``(v) $607,200,000 for fiscal year 2003.
``(c) Planning.--
``(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out sections 5303, 5304, 5305, and
5313(b), $47,750,000 for fiscal year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5303, 5304, 5305, and 5313(b)--
``(i) $43,200,000 for fiscal year 1999;
``(ii) $46,400,000 for fiscal year 2000;
``(iii) $51,200,000 for fiscal year 2001;
``(iv) $52,800,000 for fiscal year 2002; and
``(v) $57,600,000 for fiscal year 2003.
[[Page 112 STAT. 370]]
``(B) From the general fund.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out sections
5303, 5304, 5305, and 5313(b)--
``(i) $10,800,000 for fiscal year 1999;
``(ii) $11,600,000 for fiscal year 2000;
``(iii) $12,800,000 for fiscal year 2001;
``(iv) $13,200,000 for fiscal year 2002; and
``(v) $14,400,000 for fiscal year 2003.
``(C) Allocation of funds.--Of the funds made
available by or appropriated under this paragraph for a
fiscal year--
``(i) 82.72 percent shall be available for
metropolitan planning under sections 5303, 5304,
and 5305; and
``(ii) 17.28 percent shall be available for
State planning under section 5313(b).
``(d) Research.--
``(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out sections 5311(b)(2), 5312, 5313(a),
5314, 5315, and 5322, $44,250,000 for fiscal year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5311(b)(2), 5312, 5313(a), 5314,
5315, and 5322--
``(i) $36,000,000 for fiscal year 1999;
``(ii) $37,600,000 for fiscal year 2000;
``(iii) $37,600,000 for fiscal year 2001;
``(iv) $39,200,000 for fiscal year 2002; and
``(v) $39,200,000 for fiscal year 2003.
``(B) From the general fund.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out sections
5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322--
``(i) $9,000,000 for fiscal year 1999;
``(ii) $9,400,000 for fiscal year 2000;
``(iii) $9,400,000 for fiscal year 2001;
``(iv) $9,800,000 for fiscal year 2002; and
``(v) $9,800,000 for fiscal year 2003.
``(C) Allocation of funds.--Of the funds made
available by or appropriated under this paragraph for a
fiscal year--
``(i) not less than $5,250,000 shall be
available for providing rural transportation
assistance under section 5311(b)(2);
``(ii) not less than $8,250,000 shall be
available for carrying out transit cooperative
research programs under section 5313(a);
``(iii) not less than $4,000,000 shall be
available to carry out programs under the National
Transit Institute under section 5315; and
``(iv) the remainder shall be available for
carrying out national planning and research
programs under sections 5311(b)(2), 5312, 5313(a),
5314, and 5322.
``(e) University Transportation Research.--
[[Page 112 STAT. 371]]
``(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out section 5317(b) $6,000,000 for fiscal
year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out section 5317(b), $4,800,000 for each of
fiscal years 1999 through 2003.
``(B) From the general fund.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out section
5317(b), $1,200,000 for each of fiscal years 1999
through 2003.
``(f) Administration.--
``(1) Fiscal year 1998.--There are authorized to be
appropriated to carry out section 5334, $45,738,000 for fiscal
year 1998.
``(2) Fiscal years 1999 through 2003.--
``(A) From the trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out section 5334--
``(i) $43,200,000 for fiscal year 1999;
``(ii) $48,000,000 for fiscal year 2000;
``(iii) $51,200,000 for fiscal year 2001;
``(iv) $53,600,000 for fiscal year 2002; and
``(v) $58,400,000 for fiscal year 2003.
``(B) From the general fund.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out section
5334--
``(i) $10,800,000 for fiscal year 1999;
``(ii) $12,000,000 for fiscal year 2000;
``(iii) $12,800,000 for fiscal year 2001;
``(iv) $13,400,000 for fiscal year 2002; and
``(v) $14,600,000 for fiscal year 2003.
``(g) Grants as Contractual Obligations.--
``(1) Grants financed from the highway trust fund.--A grant
or contract approved by the Secretary, that is financed with
amounts made available under subsection (a)(1)(A), (a)(2)(A),
(b)(1), (b)(2)(A), (c)(2)(A), (d)(2)(A), (e)(2)(A), or (f)(2)(A)
is a contractual obligation of the United States Government to
pay the Government's share of the cost of the project.
``(2) Grants financed from general funds.--A grant or
contract, approved by the Secretary, that is financed with
amounts made available under subsection (a)(1)(B), (a)(2)(B),
(b)(2)(B), (c)(2)(B), (d)(2)(B), (e)(2)(B), (f)(2)(B), or (h) is
a contractual obligation of the Government to pay the
Government's share of the cost of the project only to the extent
that amounts are provided in advance in an appropriations Act.
``(h) Additional Amounts.--In addition to amounts made available by
or appropriated under subsections (a) through (f), there are authorized
to be appropriated--
``(1) to carry out sections 5303, 5304, 5305, and 5313(b)--
``(A) for fiscal year 1999, $32,000,000;
``(B) for fiscal year 2000, $33,000,000;
``(C) for fiscal year 2001, $34,000,000;
``(D) for fiscal year 2002, $35,000,000; and
``(E) for fiscal year 2003, $36,000,000;
[[Page 112 STAT. 372]]
``(2) to carry out section 5307, $150,000,000 for each of
fiscal years 1999 through 2003;
``(3) to carry out section 5308, $100,000,000 for each of
fiscal years 1999 through 2003;
``(4) to carry out section 5309(m)(1)(A), $100,000,000 for
each of fiscal years 1999 through 2003;
``(5) to carry out section 5309(m)(1)(B)--
``(A) for fiscal year 1999, $600,000,000;
``(B) for fiscal year 2000, $610,000,000;
``(C) for fiscal year 2001, $620,000,000;
``(D) for fiscal year 2002, $630,000,000; and
``(E) for fiscal year 2003, $630,000,000;
``(6) to carry out section 5309(m)(1)(C), $100,000,000 for
each of fiscal years 1999 through 2003;
``(7) to carry out sections 5311(b)(2), 5312, 5313(a), 5314,
5315, and 5322--
``(A) for fiscal year 1999, $31,000,000;
``(B) for fiscal year 2000, $31,000,000;
``(C) for fiscal year 2001, $33,000,000;
``(D) for fiscal year 2002, $33,000,000; and
``(E) for fiscal year 2003, $34,000,000; and
``(8) to carry out section 5334--
``(A) for fiscal year 1999, $13,000,000;
``(B) for fiscal year 2000, $14,000,000;
``(C) for fiscal year 2001, $16,000,000;
``(D) for fiscal year 2002, $17,000,000; and
``(E) for fiscal year 2003, $18,000,000.
``(i) Availability of Amounts.--Amounts made available by or
appropriated under subsections (a) through (e), and paragraphs (1)
through (7) of subsection (h), shall remain available until expended.''.
(b) Conforming Amendments.--Chapter 53 is amended as follows:
(1) In sections 5303(h)(1), 5303(h)(2)(A), and
5303(h)(3)(A), by striking ``section 5338(g)(1)'' each place it
appears and inserting ``subsection (c) or (h)(1) of section
5338''.
(2) In section 5303(h)(1) by striking ``-5306'' and
inserting ``and 5305''.
(3) In section 5303(h)(4) by striking ``section 5338(g)''
and inserting ``subsection (c) or (h)(1) of section 5338''.
(4) In section 5313(a)(1) by striking ``Fifty percent of the
amounts made available under section 5338(g)(3)'' and inserting
``The amounts made available under paragraphs (1) and (2)(C)(ii)
of section 5338(d)''.
(5) In section 5313(b)(1) by striking ``Fifty percent of the
amounts made available under section 5338(g)(3)'' and inserting
``The amounts made available under paragraphs (1) and (2)(C)(ii)
of section 5338(c)''.
(6) In section 5314(a)(1) by striking ``section 5338(g)(4)''
and inserting ``subsections (d) and (h)(7) of section 5338''.
(7) In section 5317(e)(5)(C) by striking ``5338(e)(2)'' and
inserting ``5338(e)''.
(8) In section 5318(d) by striking ``5338(j)(5)'' and
inserting ``5309(m)(1)(C)''.
(9) In section 5333(b) by striking ``5338(j)(5)'' each place
it appears and inserting ``5338(b)''.
[[Page 112 STAT. 373]]
(10) In section 5336(a) by striking ``5338(f)'' and
inserting ``5338(a)''.
(11) In section 5336(e)(1) by striking ``section 5338(f)''
and inserting ``subsections (a) and (h)(2) of section 5338''.
(12) In section 5337(e)(1) by striking ``section 5338(f)''
and inserting ``subsections (b) and (h)(4) of section 5338''.
SEC. 3030. PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND EXTENSIONS TO
EXISTING SYSTEMS.
(a) Final Design and Construction.--The following projects are
authorized for final design and construction for fiscal years 1998
through 2003 under section 5309(m)(1)(B) of title 49, United States
Code:
(1) Atlanta--Athens Commuter Rail.
(2) Atlanta--Griffin Commuter Rail.
(3) Atlanta--North Line Extension.
(4) Austin--NW/North Central/SE--Airport LRT.
(5) Baltimore--Central LRT Extension to Glen Burnie.
(6) Boston--Massport Airport Intermodal Transit Connector.
(7) Boston--North Shore Corridor and Blue Line Extension to
Beverly.
(8) Charlotte--South Corridor Transitway.
(9) Chicago--Navy Pier-McCormick Place Busway.
(10) Chicago--North Central Upgrade Commuter Rail.
(11) Chicago--Ravenswood Line Extension.
(12) Chicago--Southwest Extension.
(13) Chicago--West Line Expansion.
(14) Cleveland--Akron-Canton Commuter Rail.
(15) Cleveland--Berea Metroline Extension.
(16) Cleveland--Blue Line Extension.
(17) Cleveland--Euclid Corridor Extension.
(18) Cleveland--I-90 Corridor to Ashtabula County.
(19) Cleveland--Waterfront Line Extension.
(20) Dallas--North Central Extension.
(21) Dallas--Ft. Worth RAILTRAN (Phase II).
(22) Denver--East Corridor (Airport).
(23) Denver--Southeast LRT (I-25 between 6th & Lincoln).
(24) Denver--Southwest LRT.
(25) Denver--West Corridor LRT.
(26) East St. Louis-St. Clair County--Mid-America Airport
Corridor.
(27) Ft. Lauderdale-West Palm Beach-Miami Tri-County
Commuter Rail.
(28) Galveston--Trolley Extension.
(29) Hartford--Griffin Line.
(30) Hollis--Ketchikan Ferry.
(31) Houston--Regional Bus Plan--Phase I.
(32) Kansas City--I-35 Commuter Rail.
(33) Kansas City--Southtown Corridor.
(34) Kenosha-Racine--Milwaukee Rail Extension.
(35) Las Vegas Corridor.
(36) Little Rock--River Rail.
(37) Los Angeles--Metrolink San Bernadino Line.
(38) Los Angeles--MOS-3.
(39) Los Angeles--Metrolink (Union Station-Fullerton).
(40) Louisville--Jefferson County Corridor.
[[Page 112 STAT. 374]]
(41) MARC--Commuter Rail Improvements.
(42) Maryland Light Rail Double Track.
(43) Memphis--Medical Center Extension.
(44) Miami--East-West Multimodal Corridor.
(45) Miami--North 27th Avenue Corridor.
(46) Miami--South Busway Extension.
(47) Milwaukee--East-West Corridor.
(48) Monterey County Commuter Rail.
(49) Nashua, NH--Lowell, MA Commuter Rail.
(50) Nashville--Commuter Rail.
(51) New Orleans--Canal Streetcar.
(52) New York--8th Avenue Subway Connector.
(53) New York--Brooklyn--Staten Island Ferry.
(54) New York--Long Island Railroad East Side Access.
(55) New York--Staten Island Ferry--Whitehall Intermodal
Terminal.
(56) New York Susquehanna and Western Commuter Rail.
(57) New Jersey Urban Core.
(58) Norfolk--Virginia Beach Corridor.
(59) Orange County--Fullerton--Irvine Corridor.
(60) Orlando--I-4 Central Florida Light Rail System.
(61) Philadelphia--Schuykill Valley Metro.
(62) Phoenix--Fixed Guideway.
(63) Colorado--Roaring Fork Valley Rail.
(64) Pittsburgh Airborne Shuttle System.
(65) Pittsburgh--MLK Busway Extension.
(66) Portland--South-North Corridor.
(67) Portland--Westside-Hillsboro Corridor.
(68) Raleigh-Durham--Regional Transit Plan.
(69) Sacramento--Folsom Extension.
(70) Sacramento--Placer County Corridor.
(71) Sacramento--South Corridor.
(72) Salt Lake City--Light Rail (Airport to University of
Utah).
(73) Salt Lake City--Ogden-Provo Commuter Rail.
(74) Salt Lake City--South LRT.
(75) San Diego--Mid-Coast LRT Corridor.
(76) San Diego--Mission Valley East Corridor.
(77) San Diego--Oceanside--Escondido Corridor.
(78) San Francisco--BART to San Francisco International
Airport Extension.
(79) San Francisco--Bayshore Corridor.
(80) San Jose--Tasman Corridor Light Rail.
(81) San Juan--Tren Urbano.
(82) San Juan--Tren Urbano Extension to Minellas.
(83) Santa Cruz--Fixed Guideway.
(84) Seattle--Southworth High Speed Ferry.
(85) Seattle--Sound Move Corridor.
(86) South Boston--Piers Transitway.
(87) St. Louis--Cross County Corridor.
(88) Stockton--Altamont Commuter Rail.
(89) Tampa Bay--Regional Rail.
(90) Twin Cities--Northstar Corridor (Downtown Minneapolis-
Anoka County-St. Cloud).
(91) Twin Cities--Transitways Corridors.
(92) Washington--Richmond Rail Corridor Improvements.
(93) Washington, D.C.--Dulles Corridor Extension.
[[Page 112 STAT. 375]]
(94) Washington, D.C.--Largo Extension.
(95) West Trenton Line (West Trenton-Newark).
(96) Westlake--Commuter Rail Link.
(97) Pittsburgh North Shore-Central Business District
Corridor.
(98) Pittsburgh--Stage II Light Rail.
(99) Boston--North-South Rail Link.
(100) Spokane--South Valley Corridor Light Rail.
(101) Miami--Palmetto Metrorail.
(102) Morgantown--Personal Rapid Transit.
(103) Santa Monica--Busway.
(104) Northwest New Jersey--Northeast Rail Corridor.
(105) Southeastern North Carolina Corridor.
(106) Chicago--Douglas Branch.
(107) San Joaquin--Regional Transit Corridor.
(108) Albuquerque--High Capacity Corridor.
(b) Alternatives Analysis and Preliminary Engineering.--The
following projects are authorized for alternatives analysis and
preliminary engineering for fiscal years 1998 through 2003 under section
5309(m)(1)(B) of title 49, United States Code:
(1) Atlanta--Georgia 400 Multimodal Corridor.
(2) Atlanta--MARTA Extension (S. De Kalb-Lindbergh).
(3) Atlanta--MARTA I-285 Transit Corridor.
(4) Atlanta--MARTA Marietta-Lawrenceville Corridor.
(5) Atlanta--MARTA South De Kalb Comprehensive Transit
Program.
(6) Baltimore--Metropolitan Rail Corridor.
(7) Baltimore--People Mover.
(8) Bergen County Cross--County Light Rail.
(9) Birmingham Transit Corridor.
(10) Boston--Urban Ring.
(11) Charleston--Monobeam.
(12) Chicago--Comiskey Park Station.
(13) Chicago--Inner Circumferential Commuter Rail.
(14) Cumberland/Dauphin County Corridor 1 Commuter Rail.
(15) Dallas--DART LRT Extensions.
(16) Dallas--Las Colinas Corridor.
(17) Dayton--Regional Riverfront Corridor.
(18) El Paso--International Fixed Guideway (El Paso-Juarez).
(19) Fremont--South Bay Corridor.
(20) Houston--Advanced Transit Program.
(21) Jacksonville--Fixed Guideway Corridor.
(22) Knoxville--Electric Transit.
(23) Lorain--Cleveland Commuter Rail.
(24) Los Angeles--MOS-4 East Side Extension (II).
(25) Los Angeles--MOS-4 San Fernando Valley East-West.
(26) Los Angeles--LOSSAN (Del Mar-San Diego).
(27) Maine High Speed Ferry Service.
(28) Maryland Route 5 Corridor.
(29) Memphis--Regional Rail Plan.
(30) Miami--Kendall Corridor.
(31) Miami--Northeast Corridor.
(32) New Jersey Trans-Hudson Midtown Corridor.
(33) New Orleans--Airport--CBD Commuter Rail.
(34) New Orleans--Desire Streetcar.
[[Page 112 STAT. 376]]
(35) New York--Astoria--East Elmhurst Extension.
(36) New York--Broadway--Lafayette & Bleecker Street
Transfer.
(37) New York--Brooklyn--Manhattan Access.
(38) New York--Lower Manhattan Access.
(39) New York--Manhattan East Side Link.
(40) New York--Midtown West Intermodal Terminal.
(41) New York--Nassau Hub.
(42) New York--North Shore Railroad.
(43) New York--Queens West Light Rail Link.
(44) New York--St. George's Ferry Intermodal Terminal.
(45) Newburgh--LRT System.
(46) North Front Range Corridor.
(47) Northeast Indianapolis Corridor.
(48) Oakland Airport--BART Connector.
(49) Providence--Pawtucket Corridor.
(50) Philadelphia--Broad Street Line Extension.
(51) Philadelphia--Cross County Metro.
(52) Philadelphia--Lower Marion Township.
(53) Pinellas County--Mobility Initiative Project.
(54) Redlands--San Bernardino Transportation Corridor.
(55) Riverside--Perris Rail Passenger Service.
(56) Salt Lake City--Draper Light Rail Extension.
(57) Salt Lake City--West Jordan Light Rail Extension.
(58) San Francisco--CalTrain Extension to Hollister.
(59) Scranton--Laurel Line Intermodal Corridor.
(60) SEATAC--Personal Rapid Transit.
(61) Toledo--CBD to Zoo.
(62) Union Township Station (Raritan Valley Line).
(63) Washington County Corridor (Hastings-St. Paul).
(64) Washington, D.C.--Georgetown-Ft. Lincoln.
(65) Williamsburg--Newport News-Hampton LRT.
(66) Cincinnati/N. Kentucky--Northeast Corridor.
(67) Northeast Ohio--commuter rail.
(68) California--North Bay Commuter Rail.
(c) Project Authorizations.--
(1) In general.--Of the total amount made available by or
authorized under section 5338(b) of title 49, United States
Code, to carry out section 5309(m)(1)(B) for fiscal years 1998
through 2003:
(A) $3,000,000,000 shall be available for the
following projects:
(i) Birmingham Transit Corridor, $87,500,000.
(ii) San Diego-Mission Valley East Corridor,
$325,000,000.
(iii) Denver-Southeast LRT (I-25 between 6th
and Lincoln), $10,000,000.
(iv) Colorado--Roaring Fork Valley Rail,
$40,000,000.
(v) Hartford--Griffin Line, $33,000,000.
(vi) Bridgeport--Intermodal Corridor,
$34,000,000.
(vii) New London--Waterfront Access,
$10,000,000.
(viii) Old Saybrook--Hartford Rail Extension,
$10,000,000.
(ix) Stamford--Fixed Guideway Connector,
$18,000,000.
[[Page 112 STAT. 377]]
(x) Orlando--I-4 Central Florida Light Rail
System, $100,000,000.
(xi) Miami--Palmetto Metrorail, $8,000,000.
(xii) Tampa Bay--Regional Rail, $2,000,000.
(xiii) Fort Lauderdale--West Palm Beach--Miami
Tri-County Commuter Rail, $20,000,000.
(xiv) Miami--East-West Multimodal Corridor,
$20,000,000.
(xv) Chicago--CTA Douglas Branch,
$315,000,000.
(xvi) Indianapolis Region Commuter Rail,
$10,000,000.
(xvii) Sioux City--Light Rail, $10,000,000.
(xviii) MARC--Commuter Rail Improvements,
$185,000,000.
(xix) Baltimore--Light Rail Double Track,
$120,000,000.
(xx) Boston--North Shore Corridor and Blue
Line Extension to Beverly, $50,000,000.
(xxi) Twin Cities--Transitways Corridors,
$120,000,000.
(xxii) Twin Cities--Northstar Corridor
(Downtown Minneapolis--Anoka County--St. Cloud),
$6,000,000.
(xxiii) I-35 Commuter Rail, $30,000,000.
(xxiv) Las Vegas Corridor, $155,000,000.
(xxv) New Jersey--Bergen County Cross County
Light Rail, $5,000,000.
(xxvi) New Jersey--Trans Hudson Midtown
Corridor, $5,000,000.
(xxvii) Santa Fe--Eldorado Rail Link,
$10,000,000.
(xxviii) Albuquerque Alvarado Intermodal
Center, $5,000,000.
(xxix) Albuquerque Light Rail, $90,000,000.
(xxx) New York--Long Island Railroad East Side
Access, $353,000,000.
(xxxi) New York--Second Avenue Subway,
$5,000,000.
(xxxii) New York--Whitehall Ferry Terminal,
$40,000,000.
(xxxiii) New York--St. George's Ferry
Intermodal Terminal, $20,000,000.
(xxxiv) New York--Nassau Hub, $10,000,000.
(xxxv) New Jersey--New York Midtown West Ferry
Terminal, $16,300,000.
(xxxvi) Cincinnati/Northern Kentucky Corridor,
$65,000,000.
(xxxvii) Portland South--North Corridor,
$25,000,000.
(xxxviii) Philadelphia--Schuylkill Valley
Metro, $75,000,000.
(xxxix) Allegheny County Stage II Light Rail,
$100,200,000.
(xl) Philadelphia--Pittsburgh High Speed Rail,
$10,000,000.
(xli) Cumberland/Dauphin County Corridor 1
Commuter Rail, $20,000,000.
(xlii) Pittsburgh North Shore--Central
Business District, $20,000,000.
[[Page 112 STAT. 378]]
(xliii) Providence--Boston Commuter,
$10,000,000.
(xliv) Rhode Island Integrated Intermodal
Transportation, $25,000,000.
(xlv) Dallas--North Central Extension,
$188,000,000.
(xlvi) Dallas--Southeast Corridor,
$20,000,000.
(xlvii) Dallas--Northwest Corridor,
$12,000,000.
(xlviii) Washington, D.C., Dulles Corridor
Extension, $86,000,000.
(xlix) Seattle--Tacoma Commuter Rail,
$40,000,000.
(l) San Joaquin Regional Intermodal Corridor,
$14,000,000.
(li) Railtran Corridor Light Rail,
$12,000,000.
(B) The remainder shall be available for projects
listed in subsections (a) and (b).
(2) Additional funds.--
(A) In general.--The total amount authorized in
section 5338(h)(5) of title 49, United States Code, for
fiscal years 1999 through 2003 shall be available for
projects listed in subsections (a) and (b).
(B) Priority for salt lake city olympics.--
(i) In general.--Of the amount authorized to
be appropriated under section 5338(h)(5),
$640,000,000 is authorized to be appropriated for
the Salt Lake City Winter Olympic Games for the
following projects:
(I) North/South Light Rail.
(II) Airport to University of Utah
Light Rail.
(III) Intermodal Facilities.
(IV) Park and Ride Lots.
(V) Bus Acquisition.
(ii) Government share.--The Government share
of the costs of projects assisted under this
subparagraph shall not exceed 80 percent. For
purposes of determining the nongovernmental share
for projects authorized under this subparagraph,
highway, aviation, and transit projects shall be
considered to be a program of projects.
(iii) Use of funds.--Funds provided under this
subparagraph shall be available for planning and
capital assistance.
(3) High priority project.--The Long Island Rail Road East
Side Access project shall be given priority consideration by the
Secretary for funds made available under paragraph (1)(B). In
addition, that project is authorized for construction with funds
available under section 5338(h)(5) of title 49, United States
Code.
(d) Effect of Authorization.--
(1) In general.--
(A) Subsection (a) projects.--Projects authorized by
subsection (a) for final design and construction are
also authorized for alternatives analysis and
preliminary engineering.
(B) Subsection (b) <<NOTE: Effective date.>>
projects.--Effective October 1, 2000, projects
authorized by subsection (b) for alternatives analysis
and preliminary engineering are also authorized for
final design and construction.
[[Page 112 STAT. 379]]
(2) Fixed guideway authorization.--The project authorized by
subsection (a)(3) includes an additional 28 rapid rail cars and
project scope changes from amounts authorized by the Intermodal
Surface Transportation Efficiency Act of 1991.
(3) Intermodal center authorizations.--Notwithstanding any
other provision of law, each of the following projects are
eligible for funding under section 5309(m)(1)(C) of title 49,
United States Code:
(A) Huntington, West Virginia Intermodal Facility
project.
(B) Huntsville Intermodal Center project.
(e) New Jersey Urban Core Project.--
(1) Allocations.--Section 3031(a) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2122) is
amended by adding at the end the following:
``(3) Allocations.--
``(A) Rail connection between penn station newark
and broad street station, newark.--Of the amounts made
available for the New Jersey Urban Core Project under
section 5309(m)(1)(B) of title 49, United States Code,
for fiscal years 1998 through 2003, the Secretary shall
set aside 10 percent, but not more than $5,000,000, per
fiscal year for preliminary engineering, design, and
construction of the rail connection between Penn
Station, Newark and Broad Street Station, Newark.
``(B) Newark-newark international airport-elizabeth
transit link.--Of the amounts made available for the New
Jersey Urban Core Project under section 5309(m)(1)(B) of
title 49, United States Code, for fiscal years 1998
through 2003, the Secretary, after making the set aside
under subparagraph (A), shall set aside 10 percent, but
not more than $5,000,000 per fiscal year for preliminary
engineering, design, and construction of the Newark-
Newark International Airport-Elizabeth Transit Link,
including construction of the auxiliary New Jersey
Transit station, described in subsection (d).
``(C) Light rail connection and alignment within and
serving the city of elizabeth.--Of the amounts made
available for the New Jersey Urban Core Project under
section 5309(m)(1)(B) of title 49, United States Code,
for fiscal years 1998 through 2003, the Secretary, after
making the set-aside under subparagraphs (A) and (B),
shall set aside 10 percent but not more than $5,000,000
per fiscal year for preliminary engineering, design, and
construction of the light rail connection and alignment
within and serving the city of Elizabeth as described in
subsection (d).''.
(2) Conforming amendments.--Section 3031(c) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2122) is amended--
(A) by striking ``section 3(i) of the Federal
Transit Act (relating to criteria for new starts)'' and
inserting ``section 5309(e) of title 49, United States
Code,''; and
(B) by striking ``; except'' and all that follows
through ``such element''.
[[Page 112 STAT. 380]]
(3) Elements of new jersey urban core project.--Section
3031(d) of the Intermodal Surface Transportation Efficiency Act
of 1991 (105 Stat. 2122) is amended--
(A) by inserting after ``Secaucus Transfer'' the
following: ``(including relocation and construction of
the Bergen County and Pascack Valley Rail Lines and the
relocation of the Main/Bergen Connection with
construction of a rail station and associated components
to and at the contiguous New Jersey Meadowlands Sports
Complex)'';
(B) by striking ``, Newark-Newark International
Airport-Elizabeth Transit Link'' and inserting
``(including a connection from the Vince Lombardi
Station to Saddlebrook and Edgewater), restoration of
commuter rail service along the Northern Branch Line of
the West Shore Line, Newark-Newark International
Airport-Elizabeth Transit Link (including construction
of an auxiliary New Jersey Light Rail Transit station
directly connected to and integrated with the Amtrak
Northeast Corridor Station at Newark International
Airport, providing access from the Newark-Newark
International Airport-Elizabeth Light Rail Transit Link
to the Newark International Airport)''; and
(C) by inserting after ``New York Penn Station
Concourse,'' the following: ``the restoration of
commuter rail service in Lakewood to Freehold to Matawan
or Jamesburg, New Jersey, as described in section
3035(p) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2131), a light rail
extension of the Newark-Newark International Airport-
Elizabeth Light Rail Transit Link from Elizabeth, New
Jersey, to the towns of Cranford, Westfield, Fanwood,
and Plainfield in Union County, New Jersey, and any
appropriate light rail connections and alignments within
the city of Elizabeth to be determined by the city of
Elizabeth and the New Jersey Department of
Transportation (and which shall include connecting
midtown Elizabeth to Route 1 Park and Ride, the
Elizabeth Car House Museum, Division Street, Singer
Place, Ferry Terminal, Jersey Gardens Mall, Elizabeth
Port to Lot D at Newark Airport) and any appropriate
fixed guideway system in Passaic County,''.
(f) Los Angeles MOS-3 Project.--
(1) In general.--For purposes of this section, the Los
Angeles MOS-3 project referenced in subsection (a)(38) may
include any fixed guideway project or projects selected by the
Los Angeles County Metropolitan Transportation Authority for
development in the transportation corridors to be served by the
3 extensions of MOS-3 of the Los Angeles County Metro Rail
project, as described in section 3034(i) of the Intermodal
Surface Transportation Efficiency Act of 1991.
(2) Alternatives.--In considering fixed guideway
alternatives and selecting any revised preferred alternative in
the East Side or Mid City corridors of MOS-3, the Los Angeles
County Metropolitan Transportation Authority shall--
(A) fully evaluate the potential impact of the
alternatives on the integrity of the neighborhoods in
the corridor involved;
(B) address the capacity of the alternatives to
serve transit dependent riders;
[[Page 112 STAT. 381]]
(C) identify and address any disproportionately high
and adverse effects on minority and low income
populations, in accordance with the Executive Order on
Federal Actions to Address Environmental Justice (EO
12898; February 11, 1994); and
(D) otherwise comply with all applicable Federal and
State planning and environmental requirements.
(g) Baltimore-Washington Transportation Improvements Program.--
Section 3035(nn) of the Intermodal Surface Transportation Efficiency Act
of 1991 (105 Stat. 2134) is amended--
(1) in paragraph (1)--
(A) by inserting ``, and alternatives for double
tracking and related improvements'' after ``Penn Station
extensions'';
(B) by inserting ``shall provide for double tracking
and related improvements and'' after ``under this
paragraph''; and
(C) by inserting after the first sentence the
following: ``Funds for projects under this paragraph
shall be provided at an 80 percent Government share. In
applying the local share evaluation criteria in section
5309, of title 49, United States Code, the Secretary
shall compare the aggregate expenditure of State and
local funds, including Federal highway funds provided by
the State of Maryland, for all phases of the Central
Corridor Light Rail project.''; and
(2) in paragraph (2)--
(A) in the first sentence, by inserting ``,
including capacity and efficiency improvements through
construction of a Penn-Camden Connection, MARC
maintenance and storage facilities, and other capacity
related improvements, and the Silver Spring Intermodal
Center'' before the period; and
(B) in the second sentence, by inserting ``provide
for construction of the Penn-Camden Connection, MARC
maintenance and storage facilities, and other capacity
related improvements, and the Silver Spring Intermodal
Center, and shall'' after ``shall''.
SEC. 3031. PROJECTS FOR BUS AND BUS-RELATED FACILITIES.
(a) Guaranteed Funding.--Of the amounts made available to carry out
section 5309(m)(1)(C) of title 49, United States Code, for each of
fiscal years 1999 and 2000, the Secretary shall make funds available for
the following projects in not less than the amounts specified for the
fiscal year:
------------------------------------------------------------------------
FY 1999 (in FY 2000 (in
Project millions) millions)
------------------------------------------------------------------------
Albuquerque, NM buses..................... 1.250 1.250
1
Alexandria, VA bus maintenance facility... 1.000 1.000
2
Alexandria, VA King Street Station access. 1.100 0.000
3
Altoona, PA Metro Transit Authority buses 0.842 0.842
4 and transit system improvements..........
Altoona, PA Metro Transit Authority Logan 0.080 0.000
5 Valley Mall Suburban Transfer Center.....
Altoona, PA Metro Transit Authority 0.424 0.000
6 Transit Center improvements..............
Arkansas Highway and Transit Department 0.200 2.000
7 buses....................................
[[Page 112 STAT. 382]]
Armstrong County-Mid County, PA bus 0.150 0.150
8 facilities and buses.....................
Atlanta, GA MARTA buses................... 9.000 13.500
9
1 Austin, TX buses.......................... 1.250 1.250
0
1 Babylon, NY Intermodal Center............. 1.250 1.250
1
1 Birmingham-Jefferson County, AL buses..... 1.250 1.250
2
1 Boulder/Denver, CO RTD buses.............. 0.625 0.625
3
1 Bradford County, Endless Mountain 1.000 0.000
4 Transportation Authority buses...........
1 Brookhaven Town, NY elderly and disabled 0.225 0.000
5 buses and vans...........................
1 Brooklyn-Staten Island, NY Mobility 0.800 0.000
6 Enhancement buses........................
1 Broward County, FL buses.................. 1.000 0.000
7
1 Buffalo, NY Auditorium Intermodal Center.. 2.000 2.000
8
1 Buffalo, NY Crossroads Intermodal Station. 1.000 0.000
9
2 Cambria County, PA bus facilities and 0.575 0.575
0 buses....................................
2 Centre Area, PA Transportation Authority 1.250 1.250
1 buses....................................
2 Chambersburg, PA Transit Authority buses.. 0.300 0.000
2
2 Chambersburg, PA Transit Authority 1.000 0.000
3 Intermodal Center........................
2 Chester County, PA Paoli Transportation 1.000 1.000
4 Center...................................
2 Altoona, PA Pedestrian Crossover.......... .800 0.000
5
2 Cleveland, OH Triskett Garage bus 0.625 0.625
6 maintenance facility.....................
2 Crawford Area, PA Transportation buses.... 0.500 0.000
7
2 Culver City, CA CityBus buses............. 1.250 1.250
8
2 Davis, CA Unitrans transit maintenance 0.625 0.625
9 facility.................................
3 Dayton, OH Multimodal Transportation 0.625 0.625
0 Center...................................
3 Daytona, FL Intermodal Center............. 2.500 2.500
1
3 Duluth, MN Transit Authority community 1.000 1.000
2 circulation vehicles.....................
3 Duluth, MN Transit Authority intelligent 0.500 0.500
3 transportation systems...................
3 Duluth, MN Transit Authority Transit Hub.. 0.500 0.500
4
3 Dutchess County, NY Loop System buses..... 0.521 0.521
5
3 East Hampton, NY elderly and disabled 0.100 0.000
6 buses and vans...........................
3 Erie, PA Metropolitan Transit Authority 1.000 1.000
7 buses....................................
3 Everett, WA Multimodal Transportation 1.950 1.950
8 Center...................................
3 Fayette County, PA Intermodal Facilities 1.270 1.270
9 and buses................................
4 Fayetteville, AR University of Arkansas 0.500 0.500
0 Transit System buses.....................
4 Fort Dodge, IA Intermodal Facility (Phase 0.885 0.885
1 II)......................................
4 Gary, IN Transit Consortium buses......... 1.250 1.250
2
4 Grant County, WA buses and vans........... 0.600 0.000
3
4 Greensboro, NC Multimodal Center.......... 3.340 3.339
4
4 Greensboro, NC Transit Authority buses.... 1.500 1.500
5
4 Greensboro, NC Transit Authority small 0.321 0.000
6 buses and vans...........................
4 Hartford, CT Transportation Access Project 0.800 0.000
7
4 Healdsburg, CA Intermodal Facility........ 1.000 1.000
8
4 Honolulu, HI bus facility and buses....... 2.250 2.250
9
5 Hot Springs, AR Transportation Depot and 0.560 0.560
0 Plaza....................................
5 Humboldt, CA Intermodal Facility.......... 1.000 0.000
1
5 Huntington, WV Intermodal Facility........ 8.000 12.000
2
[[Page 112 STAT. 383]]
5 Illinois statewide buses and bus-related 6.800 8.200
3 equipment................................
5 Indianapolis, IN buses.................... 5.000 5.000
4
5 Iowa/Illinois Transit Consortium bus 1.000 1.000
5 safety and security......................
5 Ithaca, NY TCAT bus technology 1.250 1.250
6 improvements.............................
5 Lackawanna County, PA Transit System buses 0.600 0.600
7
5 Lakeland, FL Citrus Connection transit 1.250 1.250
8 vehicles and related equipment...........
5 Lane County, OR Bus Rapid Transit......... 4.400 4.400
9
6 Lansing, MI CATA bus technology 0.600 0.000
0 improvements.............................
6 Little Rock, AR Central Arkansas Transit 0.300 0.300
1 buses....................................
6 Livermore, CA automatic vehicle locator... 1.000 1.000
2
6 Long Island, NY CNG transit vehicles and 1.250 1.250
3 facilities...............................
6 Los Angeles County, CA Foothill Transit 1.625 1.250
4 buses....................................
6 New York, NY West 72nd St. Intermodal 1.750 1.750
5 Station..................................
6 Los Angeles, CA San Fernando Valley smart 0.300 0.000
6 shuttle buses............................
6 Los Angeles, CA Union Station Gateway 1.250 1.250
7 Intermodal Transit Center................
6 Maryland statewide bus facilities and 7.000 11.500
8 buses....................................
6 Rensslear, NY Rensslear Intermodal Bus 1.000 6.000
9 Facility.................................
7 Mercer County, PA buses................... 0.750 0.000
0
7 Miami Beach, FL Electric Shuttle Service.. 0.750 0.750
1
7 Miami-Dade, FL buses...................... 2.250 2.250
2
7 Michigan statewide buses.................. 10.000 13.500
3
7 Milwaukee County, WI buses................ 4.000 6.000
4
7 Mineola/Hicksville, NY LIRR Intermodal 1.250 1.250
5 Centers..................................
7 Modesto, CA bus maintenance facility...... 0.625 0.625
6
7 Monroe County, PA Transportation Authority 1.000 0.000
7 buses....................................
7 Monterey, CA Monterey-Salinas buses....... 0.625 0.625
8
7 Morongo Basin, CA Transit Authority bus 0.650 0.000
9 facility.................................
8 New Haven, CT bus facility................ 2.250 2.250
0
8 New Jersey Transit jitney shuttle buses... 1.750 1.750
1
8 Newark, NJ Morris & Essex Station access 1.250 1.250
2 and buses................................
8 Northstar Corridor, MN Intermodal 6.000 10.000
3 Facilities and buses.....................
8 Norwich, CT buses......................... 2.250 2.250
4
8 Ogden, UT Intermodal Center............... 0.800 0.800
5
8 Oklahoma statewide bus facilities and 5.000 5.000
6 buses....................................
8 Orlando, FL Downtown Intermodal Facility.. 2.500 2.500
7
8 Providence, RI buses and bus maintenance 2.250 3.294
8 facility.................................
8 Perris, CA bus maintenance facility....... 1.250 1.250
9
9 Philadelphia, PA Frankford Transportation 5.000 5.000
0 Center...................................
9 Philadelphia, PA Intermodal 30th Street 1.250 1.250
1 Station..................................
9 Portland, OR Tri-Met buses................ 1.750 1.750
2
9 Pritchard, AL bus transfer facility....... 0.500 0.000
3
9 Reading, PA BARTA Intermodal 1.750 1.750
4 Transportation Facility..................
[[Page 112 STAT. 384]]
9 Red Rose, PA Transit Bus Terminal......... 1.000 0.000
5
9 Richmond, VA GRTC bus maintenance facility 1.250 1.250
6
9 Riverhead, NY elderly and disabled buses 0.125 0.000
7 and vans.................................
9 Robinson, PA Towne Center Intermodal 1.500 1.500
8 Facility.................................
9 Rome, NY Intermodal Center................ 0.400 0.000
9
10 Sacramento, CA CNG buses.................. 1.250 1.250
0
10 San Francisco, CA Islais Creek Maintenance 1.250 1.250
1 Facility.................................
10 San Juan, Puerto Rico Intermodal access... 0.600 0.600
2
10 Santa Clarita, CA facilities and buses.... 1.250 1.250
3
10 Santa Cruz, CA bus facility............... 0.625 0.625
4
10 Santa Rosa/Cotati, CA Intermodal 0.750 0.750
5 Transportation Facilities................
10 Seattle, WA Intermodal Transportation 1.250 1.250
6 Terminal.................................
10 Shelter Island, NY elderly and disabled 0.100 0.000
7 buses and vans...........................
10 Smithtown, NY elderly and disabled buses 0.125 0.000
8 and vans.................................
10 Somerset County, PA bus facilities and 0.175 0.175
9 buses....................................
11 South Amboy, NJ Regional Intermodal 1.250 1.250
0 Transportation Initiative................
11 South Bend, IN Urban Intermodal 1.250 1.250
1 Transportation Facility..................
11 South Carolina statewide Virtual Transit 1.220 1.220
2 Enterprise...............................
11 South Dakota statewide bus facilities and 1.500 1.500
3 buses....................................
11 Southampton, NY elderly and disabled buses 0.125 0.000
4 and vans.................................
11 Southold, NY elderly and disabled buses 0.100 0.000
5 and vans.................................
11 Springfield, MA Union Station............. 1.250 1.250
6
11 St. Louis, MO Bi-state Intermodal Center.. 1.250 1.250
7
11 Denver, CO Stapleton Intermodal Center.... 1.250 1.250
8
11 Suffolk County, NY elderly and disabled 0.100 0.000
9 buses and vans...........................
12 Texas statewide small urban and rural 4.000 4.500
0 buses....................................
12 Towamencin Township, PA Intermodal Bus 1.500 1.500
1 Transportation Center....................
12 Tuscaloosa, AL Intermodal Center.......... 1.000 0.000
2
12 Ukiah, CA Transportation Center........... 0.500 0.000
3
12 Utah Transit Authority, UT Intermodal 1.500 1.500
4 Facilities...............................
12 Utah Transit Authority/Park City Transit, 6.500 6.500
5 UT buses.................................
12 Utica, NY Union Station................... 2.100 2.100
6
12 Utica and Rome, NY bus facilities and 0.500 0.000
7 buses....................................
12 Washington County, PA Intermodal 0.630 0.630
8 Facilities...............................
12 Washington, D.C. Intermodal Transportation 2.500 2.500
9 Center...................................
13 Washoe County, NV transit improvements.... 2.250 2.250
0
13 Waterbury, CT bus facility................ 2.250 2.250
1
13 West Virginia statewide Intermodal 5.000 5.000
2 Facility and buses.......................
13 Westchester County, NY Bee-Line transit 0.979 0.979
3 system fareboxes.........................
13 Westchester County, NY Bee-Line transit 1.000 1.000
4 system shuttle buses.....................
13 Westchester County, NY DOT articulated 1.250 1.250
5 buses....................................
[[Page 112 STAT. 385]]
13 Westmoreland County, PA Intermodal 0.200 0.200
6 Facility.................................
13 Wilkes-Barre, PA Intermodal Facility...... 1.250 1.250
7
13 Williamsport, PA Bus Facility............. 1.200 1.200
8
13 Windsor, CA Intermodal Facility........... 0.750 0.750
9
14 Wisconsin statewide bus facilities and 8.000 12.000
0 buses....................................
14 Woodland Hills, CA Warner Center 0.325 0.625
1 Transportation Hub.......................
14 Worcester, MA Union Station Intermodal 2.500 2.500
2 Transportation Center....................
14 Lynchburg, VA buses....................... 0.200 0.000
3
14 Harrisonburg, VA buses.................... 0.200 0.000
4
14 Roanoke, VA buses......................... 0.200 0.000
5
14 Allegheny County, PA buses................ 0.000 1.500
6
14 Mount Vernon, WA Multimodal Center........ 1.750 1.750
7
14 New Bedford/Fall River, MA Mobile Access 0.250 0.000
8 to health care...........................
14 Philadelphia, PA Regional Transportation 0.750 0.000
9 System for Elderly and Disabled..........
15 Clark County, NV Regional Transportation 1.250 1.250
0 Commission...............................
------------------------------------------------------------------------
(b) General Fund Authorization.--Of the amounts authorized to be
appropriated to carry out section 5309(m)(1)(C) of title 49, United
States Code, for each of fiscal years 1999 and 2000, there are
authorized to be appropriated for the following projects:
------------------------------------------------------------------------
FY 1999 (in FY 2000 (in
Project millions) millions)
------------------------------------------------------------------------
Everett, WA Multimodal Transportation 1.000 1.000
1 Center...................................
Rennslear, NY Rennslear Intermodal Bus 4.000 0.000
2 Facility.................................
Rochester, NY Rochester Central Bus 12.500 12.500
3 Facility.................................
Long Beach, NY Long Beach Central Bus 0.750 0.750
4 Facility.................................
Broome County, NY Buses and Related 2.700 2.700
5 Equipment................................
Long Island, NY CNG Transit Vehicles and 3.050 3.050
6 Facilities...............................
------------------------------------------------------------------------
SEC. 3032. CONTRACTING OUT STUDY. <<NOTE: 49 USC 5301 note.>>
(a) Study.--Not later than 3 months after the date of enactment of
this Act, the Secretary shall enter into an agreement with the
Transportation Research Board of the National Academy of Sciences to
conduct a study of the effect of contracting out mass transportation
operation and administrative functions on cost, availability and level
of service, efficiency, safety, quality of services provided to transit-
dependent populations, and employer-employee relations.
(b) Terms of Agreement.--The agreement entered into in subsection
(a) shall provide that--
(1) the Transportation Research Board, in conducting the
study, consider the number of grant recipients that have
contracted out services, the size of the population served by
such grant recipients, the basis for decisions regarding
contracting out, and the extent to which contracting out was
affected by the integration and coordination of resources of
transit agencies and other Federal agencies and programs; and
[[Page 112 STAT. 386]]
(2) the panel conducting the study shall include
representatives of transit agencies, employees of transit
agencies, private contractors, academic and policy analysts, and
other interested persons.
(c) Report.--Not later than 24 months after the date of entry into
the agreement under subsection (a), the Secretary shall 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 containing the results of the study.
(d) Funding.--There shall be available from the Mass Transit Account
of the Highway Trust Fund to carry out this section $250,000 for fiscal
year 1998.
(e) Contractual Obligation.--Entry into an agreement to carry out
this section that is financed with amounts made available under
subsection (c) is a contractual obligation of the United States to pay
the Government's share of the cost of the study.
SEC. 3033. URBANIZED AREA FORMULA STUDY. <<NOTE: 49 USC 5336 note.>>
(a) Study.--The Secretary shall conduct a study to determine whether
the formula for apportioning funds to urbanized areas under section 5336
of title 49, United States Code, accurately reflects the transit needs
of the urbanized areas and, if not, whether any changes should be made
either to the formula or through some other mechanism to reflect the
fact that some urbanized areas with a population between 50,000 and
200,000 have transit systems that carry more passengers per mile or hour
than the average of those transit systems in urbanized areas with a
population over 200,000.
(b) Report.--Not later than December 31, 1999, 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
conducted under this section, together with any proposed changes to the
method for apportioning funds to urbanized areas with a population over
50,000.
SEC. 3034. COORDINATED TRANSPORTATION SERVICES. <<NOTE: 49 USC 301
note.>>
(a) Study.--The Comptroller General shall conduct a study of Federal
departments and agencies (other than the Department of Transportation)
that receive Federal financial assistance for non-emergency
transportation services.
(b) Contents.--In conducting the study, the Comptroller General
shall--
(1) identify each Federal department and agency (other than
the Department of Transportation) that has received Federal
financial assistance for non-emergency transportation services
in any of the 3 fiscal years preceding the date of enactment of
this Act;
(2) identify the amount of such assistance received by each
Federal department and agency in such fiscal years; and
(3) identify the projects and activities funded using such
financial assistance.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall transmit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of the Senate a
report containing the results of the study and
[[Page 112 STAT. 387]]
any recommendations for enhanced coordination between the Department of
Transportation and other Federal departments and agencies that provide
funding for non-emergency transportation.
SEC. 3035. FINAL ASSEMBLY OF BUSES. <<NOTE: 49 USC 5323 note.>>
(a) In General.--All buses manufactured on or after September 1,
1999, that are purchased with Federal funds by recipients of assistance
from the Federal Transit Administration shall conform with the Federal
Transit Administration Guidance on Buy America Requirements, dated March
18, 1997.
(b) Rule of Construction.--For purposes of this section, a bus shall
be considered to be manufactured on or after September 1, 1999, if the
manufacturing process for that bus is not completed on or before August
31, 1999.
SEC. 3036. CLEAN FUEL VEHICLES. <<NOTE: 49 USC 5308 note.>>
(a) Study.--The Comptroller General shall conduct a study of the
various low and zero emission fuel technologies for transit vehicles,
including compressed natural gas, liquefied natural gas, biodiesel fuel,
battery, alcohol based fuel, hybrid electric, fuel cell, and clean
diesel to determine--
(1) the status of the development and use of such
technologies;
(2) the environmental benefits of such technologies under
the Clean Air Act; and
(3) the cost of such technologies and any associated
equipment.
(b) Report.--Not later than January 1, 2000, the Comptroller General
shall transmit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate a report on the results of the study,
together with recommendations for incentives to encourage the use of low
and zero emission fuel technology for transit vehicles.
SEC. 3037. JOB ACCESS AND REVERSE COMMUTE GRANTS. <<NOTE: 49 USC 5309
note.>>
(a) Findings.--Congress finds that--
(1) two-thirds of all new jobs are in the suburbs, whereas
three-quarters of welfare recipients live in rural areas or
central cities;
(2) even in metropolitan areas with excellent public transit
systems, less than half of the jobs are accessible by transit;
(3) in 1991, the median price of a new car was equivalent to
25 weeks of salary for the average worker, and considerably more
for the low-income worker;
(4) not less than 9,000,000 households and 10,000,000
Americans of driving age, most of whom are low-income workers,
do not own cars;
(5) 94 percent of welfare recipients do not own cars;
(6) nearly 40 percent of workers with annual incomes below
$10,000 do not commute by car;
(7) many of the 2,000,000 Americans who will have their
Temporary Assistance to Needy Families grants (under the State
program funded under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.)) terminated by the year 2002 will be
unable to get to jobs they could otherwise hold;
(8) increasing the transit options for low-income workers,
especially those who are receiving or who have recently received
[[Page 112 STAT. 388]]
welfare benefits, will increase the likelihood of those workers
getting and keeping jobs; and
(9) many residents of cities and rural areas would like to
take advantage of mass transit to gain access to suburban
employment opportunities.
(b) Definitions.--In this section, the following definitions shall
apply:
(1) Eligible low-income individual.--The term ``eligible
low-income individual'' means an individual whose family income
is at or below 150 percent of the poverty line (as that term is
defined in section 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2)), including any revision required by that
section) for a family of the size involved.
(2) Eligible project and related terms.--
(A) In general.--The term ``eligible project'' means
an access to jobs project or a reverse commute project.
(B) Access to jobs project.--The term ``access to
jobs project'' means a project relating to the
development of transportation services designed to
transport welfare recipients and eligible low-income
individuals to and from jobs and activities related to
their employment. The Secretary may make access to jobs
grants for--
(i) capital projects and to finance operating
costs of equipment, facilities, and associated
capital maintenance items related to providing
access to jobs under this section;
(ii) promoting the use of transit by workers
with nontraditional work schedules;
(iii) promoting the use by appropriate
agencies of transit vouchers for welfare
recipients and eligible low-income individuals
under specific terms and conditions developed by
the Secretary; and
(iv) promoting the use of employer-provided
transportation, including the transit pass benefit
program under section 132 of the Internal Revenue
Code of 1986.
(C) Reverse commute project.--The term ``reverse
commute project'' means a project related to the
development of transportation services designed to
transport residents of urban areas, urbanized areas, and
areas other than urbanized areas to suburban employment
opportunities, including any project to--
(i) subsidize the costs associated with adding
reverse commute bus, train, carpool, van routes,
or service from urban areas, urbanized areas, and
areas other than urbanized areas, to suburban
workplaces;
(ii) subsidize the purchase or lease by a
nonprofit organization or public agency of a van
or bus dedicated to shuttling employees from their
residences to a suburban workplace; or
(iii) otherwise facilitate the provision of
mass transportation services to suburban
employment opportunities.
(3) Existing transportation service providers.--The term
``existing transportation service providers'' means mass
[[Page 112 STAT. 389]]
transportation operators and governmental agencies and nonprofit
organizations that receive assistance from Federal, State, or
local sources for nonemergency transportation services.
(4) Qualified entity.--The term ``qualified entity'' means--
(A) with respect to any proposed eligible project in
an urbanized area with a population of at least 200,000,
the applicant or applicants selected by the appropriate
metropolitan planning organization that meets the
requirements of this section, including the planning and
coordination requirements in subsection (i), from among
local governmental authorities and agencies and
nonprofit organizations; and
(B) with respect to any proposed eligible project in
an urbanized area with a population of at least 200,000,
or an area other than an urbanized area, the applicant
or applicants selected by the chief executive officer of
the State in which the area is located that meets the
requirements of this section, including the planning and
coordination requirements in subsection (i), from among
local governmental authorities and nonprofit
organizations.
(5) Welfare recipient.--The term ``welfare recipient'' means
an individual who receives or received aid or assistance under a
State program funded under part A of title IV of the Social
Security Act (whether in effect before or after the effective
date of the amendments made by title I of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(Public Law 104-193; 110 Stat. 2110)) at any time during the 3-
year period before the date on which the applicant applies for a
grant under this section.
(c) General Authority.--
(1) In general.--The Secretary may make access to jobs
grants and reverse commute grants under this section to assist
qualified entities in financing eligible projects.
(2) Coordination.--The Secretary shall coordinate activities
under this section with related activities under programs of
other Federal departments and agencies.
(d) Applications.--Each qualified entity seeking to receive a grant
under this section for an eligible project shall submit to the Secretary
an application in such form and in accordance with such requirements as
the Secretary shall establish.
(e) Prohibition.--Grants awarded under this section may not be used
for planning or coordination activities.
(f) Factors for Consideration.--In awarding grants under this
section to applicants under subsection (d), the Secretary shall
consider--
(1) the percentage of the population in the area to be
served by the applicant that are welfare recipients;
(2) in the case of an applicant seeking assistance to
finance an access to jobs project, the need for additional
services in the area to be served by the applicant (including
bicycling) to transport welfare recipients and eligible low-
income individuals to and from specified jobs, training, and
other employment support services, and the extent to which the
proposed services will address those needs;
(3) the extent to which the applicant demonstrates--
[[Page 112 STAT. 390]]
(A) coordination with, and the financial commitment
of, existing transportation service providers; and
(B) coordination with the State agency that
administers the State program funded under part A of
title IV of the Social Security Act;
(4) the extent to which the applicant demonstrates maximum
utilization of existing transportation service providers and
expands transit networks or hours of service, or both;
(5) the extent to which the applicant demonstrates an
innovative approach that is responsive to identified service
needs;
(6) the extent to which the applicant--
(A) in the case of an applicant seeking assistance
to finance an access to jobs project, presents a
regional transportation plan for addressing the
transportation needs of welfare recipients and eligible
low-income individuals; and
(B) identifies long-term financing strategies to
support the services under this section;
(7) the extent to which the applicant demonstrates that the
community to be served has been consulted in the planning
process; and
(8) in the case of an applicant seeking assistance to
finance a reverse commute project, the need for additional
services identified in a regional transportation plan to
transport individuals to suburban employment opportunities, and
the extent to which the proposed services will address those
needs.
(g) Competitive Grant Selection.--The Secretary shall conduct a
national solicitation for applications for grants under this section.
Grantees shall be selected on a competitive basis.
(h) Cost Sharing.--
(1) Maximum amount.--The amount of a grant under this
section may not exceed 50 percent of the total project cost.
(2) Nongovernmental share.--
(A) In general.--The portion of the total cost of an
eligible project that is not funded under this section--
(i) shall be provided in cash from sources
other than revenues from providing mass
transportation, but may include amounts received
under a service agreement; and
(ii) may be derived from amounts appropriated
to or made available to a department or agency of
the Federal Government (other than the Department
of Transportation) that are eligible to be
expended for transportation.
(B) Inapplicability.--For purposes of subparagraph
(A)(ii), the prohibitions on the use of funds for
matching requirements under section 403(a)(5)(C)(ii) of
the Social Security Act shall not apply to Federal or
State funds to be used for transportation services.
(i) Planning Requirements.--
(1) In general.--The requirements of sections 5303 through
5306 of title 49, United States Code, apply to any grant made
under this section.
(2) Coordination.--Each application for a grant under this
section shall reflect coordination with and the approval of
affected transit grant recipients. The eligible access to jobs
[[Page 112 STAT. 391]]
projects financed under this section shall be part of a
coordinated public transit-human services transportation
planning process.
(j) Grant Requirements.--A grant under this section shall be subject
to--
(1) all of the terms and conditions to which a grant made
under section 5307 of title 49, United States Code, is subject;
and
(2) such other terms and conditions as are determined by the
Secretary.
(k) Program Evaluation.--
(1) Comptroller general.--Beginning 6 months after the date
of enactment of this Act, and every 6 months thereafter, the
Comptroller General of the United States shall--
(A) conduct a study to evaluate the grant program
authorized under this section; and
(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report describing the results of each study
under subparagraph (A).
(2) Department of transportation.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall--
(A) conduct a study to evaluate the access to jobs
grant program authorized under this section; and
(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a report describing the results of the study
under subparagraph (A).
(l) Authorization and Allocation.--
(1) In general.--
(A) From the trust fund.--There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out this section--
(i) $40,000,000 for fiscal year 1999;
(ii) $60,000,000 for fiscal year 2000;
(iii) $80,000,000 for fiscal year 2001;
(iv) $100,000,000 for fiscal year 2002; and
(v) $120,000,000 for fiscal year 2003.
(B) From the general fund.--In addition to amounts
made available under subparagraph (A), there are
authorized to be appropriated to carry out this
section--
(i) $10,000,000 for fiscal year 1999;
(ii) $15,000,000 for fiscal year 2000;
(iii) $20,000,000 for fiscal year 2001;
(iv) $25,000,000 for fiscal year 2002; and
(v) $30,000,000 for fiscal year 2003.
(C) Additional amounts from the general fund.--In
addition to amounts made available under subparagraphs
(A) and (B), there are authorized to be appropriated to
carry out this section--
(i) $100,000,000 for fiscal year 1999;
(ii) $75,000,000 for fiscal year 2000;
(iii) $50,000,000 for fiscal year 2001; and
(iv) $25,000,000 for fiscal year 2002.
[[Page 112 STAT. 392]]
(2) Set-aside for reverse commute projects.--Of amounts made
available by or appropriated under subparagraphs (A) and (B) of
paragraph (1) to carry out this section in each fiscal year, not
more than $10,000,000 shall be used for grants for reverse
commute projects.
(3) Allocation.--The amounts made available by or
appropriated under paragraph (1) to carry out this section in
each fiscal year shall be allocated as follows:
(A) 60 percent shall be allocated for eligible
projects in urbanized areas with populations of at least
200,000.
(B) 20 percent shall be allocated for eligible
projects in urbanized areas with populations of at least
200,000.
(C) 20 percent shall be allocated for eligible
projects in areas other than urbanized areas.
SEC. 3038. <<NOTE: 49 USC 5310 note.>> RURAL TRANSPORTATION
ACCESSIBILITY INCENTIVE PROGRAM.
(a) Definitions.--In this section, the following definitions apply:
(1) Intercity, fixed-route over-the-road bus service.--The
term ``intercity, fixed-route over-the-road bus service'' means
regularly scheduled bus service for the general public, using an
over-the-road bus, that--
(A) operates with limited stops over fixed routes
connecting 2 or more urban areas not in close proximity;
(B) has the capacity for transporting baggage
carried by passengers; and
(C) makes meaningful connections with scheduled
intercity bus service to more distant points.
(2) Other over-the-road bus service.--The term ``other over-
the-road bus service'' means any other transportation using
over-the-road buses including local fixed-route service,
commuter service, and charter or tour service (including tour or
excursion service that includes features in addition to bus
transportation such as meals, lodging, admission to points of
interest or special attractions or the services of a tour
guide).
(3) Over-the-road bus.--The term ``over-the-road bus'' means
a bus characterized by an elevated passenger deck located over a
baggage compartment.
(b) General Authority.--The Secretary shall make grants under this
section to operators of over-the-road buses to finance the incremental
capital and training costs of complying with the Department of
Transportation's final rule regarding accessibility of over-the-road
buses required by section 306(a)(2)(B) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12186(a)(2)(B)).
(c) Grant Criteria.--In selecting applicants for grants under this
section, the Secretary shall consider--
(1) the identified need for over-the-road bus accessibility
for persons with disabilities in the areas served by the
applicant;
(2) the extent to which the applicant demonstrates
innovative strategies and financial commitment to providing
access to over-the-road buses to persons with disabilities;
(3) the extent to which the over-the-road bus operator
acquires equipment required by the final rule prior to any
required timeframe in the final rule;
[[Page 112 STAT. 393]]
(4) the extent to which financing the costs of complying
with the Department of Transportation's final rule regarding
accessibility of over-the-road buses presents a financial
hardship for the applicant; and
(5) the impact of accessibility requirements on the
continuation of over-the-road bus service, with particular
consideration of the impact of the requirements on service to
rural areas and for low-income individuals.
(d) Competitive Grant Selection.--The Secretary shall conduct a
national solicitation for applications for grants under this section.
Grantees shall be selected on a competitive basis.
(e) Federal Share of Costs.--The Federal share of costs under this
section shall be provided from funds made available to carry out this
section. The Federal share of the costs for a project shall not exceed
50 percent of the project cost.
(f) Grant Requirements.--A grant under this section shall be subject
to all of the terms and conditions applicable to subrecipients who
provide intercity bus transportation under section 5311(f) of title 49,
United States Code, and such other terms and conditions as the Secretary
may prescribe.
(g) Funding.--
(1) Intercity, fixed-route over-the-road bus service.--Of
amounts made available by or appropriated under section
5338(a)(2) of title 49, United States Code (before allocation
under section 5338(a)(2)(C) of that title), the following
amounts shall be available for operators of intercity, fixed-
route over-the-road bus service to finance the incremental
capital and training costs of the Department of Transportation's
final rule regarding accessibility of over-the-road buses:
(A) $2,000,000 for fiscal year 1999.
(B) $2,000,000 for fiscal year 2000.
(C) $3,000,000 for fiscal year 2001.
(D) $5,250,000 for fiscal year 2002.
(E) $5,250,000 for fiscal year 2003.
(2) Other over-the-road bus service.--Of amounts made
available by or appropriated under section 5338(a)(2) of title
49, United States Code (before allocation under section
5338(a)(2)(C) of that title), $6,800,000 shall be available for
each of fiscal years 2000 through 2003 for operators of other
over-the-road bus service to finance the incremental capital and
training costs of the Department of Transportation's final rule
regarding accessibility of over-the-road buses.
SEC. 3039. <<NOTE: 23 USC 138 note.>> STUDY OF TRANSIT NEEDS IN
NATIONAL PARKS AND RELATED PUBLIC LANDS.
(a) Purposes.--The purposes of this section are to encourage and
promote the development of transportation systems for the betterment of
the national parks and other units of the National Park System, national
wildlife refuges, recreational areas, and other public lands in order to
conserve natural, historical, and cultural resources and prevent adverse
impact, relieve congestion, minimize transportation fuel consumption,
reduce pollution (including noise and visual pollution), and enhance
visitor mobility and accessibility and the visitor experience.
(b) Study.--
(1) In general.--The Secretary, in coordination with the
Secretary of the Interior, shall undertake a comprehensive
[[Page 112 STAT. 394]]
study of alternative transportation needs in national parks and
related public lands managed by Federal land management agencies
in order to carry out the purposes described in subsection (a).
The study shall be submitted to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
not later than January 1, 2000.
(2) Study elements.--The study required by paragraph (1)
shall--
(A) identify transportation strategies that improve
the management of the national parks and related public
lands;
(B) identify national parks and related public lands
with existing and potential problems of adverse impact,
high congestion, and pollution, or which can benefit
from alternative transportation modes;
(C) assess the feasibility of alternative
transportation modes; and
(D) identify and estimate the costs of alternative
transportation modes for each of the national parks and
related public lands referred to in paragraph (1).
SEC. 3040. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total of all
obligations from amounts made available from the Mass Transit Account of
the Highway Trust Fund by, and amounts appropriated under, subsections
(a) through (f) of section 5338 of title 49, United States Code, and
subparagraphs (A) and (B) of section 3037(l)(1) of this Act, shall not
exceed--
(1) $5,315,000,000 in fiscal year 1999;
(2) $5,798,000,000 in fiscal year 2000;
(3) $6,271,000,000 in fiscal year 2001;
(4) $6,746,000,000 in fiscal year 2002; and
(5) $7,226,000,000 in fiscal year 2003.
SEC. 3041. <<NOTE: 49 USC 5338 note.>> ADJUSTMENTS FOR THE SURFACE
TRANSPORTATION EXTENSION ACT OF 1997.
(a) In General.--Notwithstanding any other provision of law, the
Secretary shall ensure that the total apportionments and allocations
made to a designated grant recipient under section 5338 of title 49,
United States Code, for fiscal year 1998 shall be reduced by the amount
apportioned to such designated recipient pursuant to section 8 of the
Surface Transportation Extension Act of 1997 (111 Stat. 2559).
(b) Fixed Guideway Modernization Adjustment.--In making the
apportionments described in subsection (a), the Secretary shall adjust
the amount apportioned to each urbanized area for fixed guideway
modernization for fiscal year 1998 to reflect the method for
apportioning funds in section 5337(a) of title 49, United States Code.
TITLE IV--MOTOR CARRIER SAFETY
SEC. 4001. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision of law, the
[[Page 112 STAT. 395]]
reference shall be considered to be made to a section or other provision
of title 49, United States Code.
SEC. 4002. STATEMENT OF PURPOSES.
(a) In General.--Chapter 311 is amended by inserting before section
31101 the following:
``Sec. 31100. Purpose
``The purpose of this subchapter is to ensure that the Secretary,
States, and other political jurisdictions work in partnership to
establish programs to improve motor carrier, commercial motor vehicle,
and driver safety to support a safe and efficient transportation system
by--
``(1) focusing resources on strategic safety investments to
promote safe for-hire and private transportation, including
transportation of passengers and hazardous materials, to
identify high-risk carriers and drivers, and to invest in
activities likely to generate maximum reductions in the number
and severity of commercial motor vehicle crashes;
``(2) increasing administrative flexibility and developing
and enforcing effective, compatible, and cost-beneficial motor
carrier, commercial motor vehicle, and driver safety regulations
and practices, including improving enforcement of State and
local traffic safety laws and regulations;
``(3) assessing and improving statewide program performance
by setting program outcome goals, improving problem
identification and countermeasures planning, designing
appropriate performance standards, measures, and benchmarks,
improving performance information and analysis systems, and
monitoring program effectiveness;
``(4) ensuring that drivers of commercial motor vehicles and
enforcement personnel obtain adequate training in safe
operational practices and regulatory requirements; and
``(5) advancing promising technologies and encouraging
adoption of safe operational practices.''.
(b) Conforming Amendment.--The analysis for chapter 311 is amended
by inserting before the item relating to section 31101 the following:
``31100. Purpose.''.
SEC. 4003. STATE GRANTS.
(a) Definitions.--Section 31101 is amended--
(1) in paragraph (1)(A)--
(A) by inserting ``or gross vehicle weight'' after
``rating''; and
(B) by striking ``10,000 pounds'' and inserting
``10,001 pounds, whichever is greater''; and
(2) in paragraph (1)(C) by inserting ``and transported in a
quantity requiring placarding under regulations prescribed by
the Secretary under section 5103'' after ``title''.
(b) Performance-Based Grants and Hazardous Materials Transportation
Safety.--Section 31102 is amended--
(1) in subsection (a)--
(A) by inserting ``improving motor carrier safety
and'' after ``programs for''; and
(B) by inserting ``, hazardous materials
transportation safety,'' after ``commercial motor
vehicle safety''; and
(2) in the first sentence of paragraph (b)(1)--
[[Page 112 STAT. 396]]
(A) by striking ``adopt and assume responsibility
for enforcing'' and inserting ``assume responsibility
for improving motor carrier safety and to adopt and
enforce''; and
(B) by inserting ``, hazardous materials
transportation safety,'' after ``commercial motor
vehicle safety''.
(c) Contents of State Plans.--Section 31102(b)(1) is
amended--
(1) in subparagraph (J) by inserting ``(1)'' after ``(c)'';
(2) by striking subparagraphs (K), (L), and (M) and
inserting the following:
``(K) ensures that the State agency will coordinate the
plan, data collection, and information systems with State
highway safety programs under title 23;
``(L) ensures participation in SAFETYNET and other
information systems by all appropriate jurisdictions receiving
funding under this section;
``(M) ensures that information is exchanged among the States
in a timely manner;'';
(3) in subparagraph (O)--
(A) by inserting after ``activities'' the following:
``in support of national priorities and performance
goals, including'';
(B) by striking ``to remove'' in clause (i) and
inserting ``activities aimed at removing'';
(C) by striking ``to provide'' in clause (ii) and
inserting ``activities aimed at providing'';
(D) by inserting ``and'' after the semicolon at the
end of clause (ii); and
(E) by striking clauses (iii) and (iv) and inserting
the following:
``(iii) interdiction activities affecting the
transportation of controlled substances by commercial
motor vehicle drivers and training on appropriate
strategies for carrying out those interdiction
activities;'';
(4) by striking subparagraph (P) and inserting the
following:
``(P) provides that the State will establish a program to
ensure the proper and timely correction of commercial motor
vehicle safety violations noted during an inspection carried out
with funds authorized under section 31104;'';
(5) in subparagraph (Q)--
(A) by striking ``31140 and 31146'' and inserting
``31138 and 31139''; and
(B) by striking the period at the end and inserting
a semicolon;
(6) by redesignating subparagraphs (A) through (Q) as
subparagraphs (B) through (R), respectively;
(7) by inserting before subparagraph (B) (as redesignated by
paragraph (6) of this subsection) the following:
``(A) implements performance-based activities by
fiscal year 2000;''; and
(8) by adding at the end the following:
``(S) ensures consistent, effective, and reasonable
sanctions; and
``(T) ensures that roadside inspections will be conducted at
a location that is adequate to protect the safety of drivers and
enforcement personnel.''.
[[Page 112 STAT. 397]]
(d) Federal Share.--Section 31103 is amended--
(1) by inserting ``(a) Commercial Motor Vehicle Safety
Programs and Enforcement.--'' before ``The Secretary of
Transportation'';
(2) by inserting ``improve commercial motor vehicle safety
and'' before ``enforce''; and
(3) by adding at the end the following:
``(b) Other Activities.--The Secretary may reimburse State agencies,
local governments, or other persons up to 100 percent for public
education activities authorized by section 31104(f)(2).''.
(e) Authorization of Appropriations.--Section 31104(a) is amended to
read as follows:
``(a) In General.--The following amounts are made available from the
Highway Trust Fund (other than the Mass Transit Account) for the
Secretary of Transportation to incur obligations to carry out section
31102:
``(1) Not more than $79,000,000 for fiscal year 1998.
``(2) Not more than $90,000,000 for fiscal year 1999.
``(3) Not more than $95,000,000 for fiscal year 2000.
``(4) Not more than $100,000,000 for fiscal year 2001.
``(5) Not more than $105,000,000 for fiscal year 2002.
``(6) Not more than $110,000,000 for fiscal year 2003.''.
(f) Conforming Amendment.--Section 31104(b) is amended by striking
``(1)'' and by striking paragraph (2).
(g) Allocation Criteria and Eligibility.--Section 31104 is further
amended--
(1) by striking subsections (f) and (g) and inserting the
following:
``(f) Allocation Criteria and Eligibility.--
``(1) In general.--On October 1 of each fiscal year or as
soon after that date as practicable and after making the
deduction under subsection (e), the Secretary shall allocate
amounts made available to carry out section 31102 for such
fiscal year among the States with plans approved under section
31102. Such allocation shall be made under such criteria as the
Secretary prescribes by regulation.
``(2) High-priority and border activities.--
``(A) High-priority activities and projects.--The
Secretary may designate up to 5 percent of amounts
available for allocation under paragraph (1) for States,
local governments, and other persons for carrying out
high priority activities and projects that improve
commercial motor vehicle safety and compliance with
commercial motor vehicle safety regulations, including
activities and projects that are national in scope,
increase public awareness and education, or demonstrate
new technologies. The amounts designated under this
subparagraph shall be allocated by the Secretary to
State agencies, local governments, and other persons
that use and train qualified officers and employees in
coordination with State motor vehicle safety agencies.
``(B) Border commercial motor vehicle safety and
enforcement programs.--The Secretary may designate up to
5 percent of amounts available for allocation under
paragraph (1) for States, local governments, and other
persons for carrying out border commercial motor vehicle
safety programs and enforcement activities and projects.
[[Page 112 STAT. 398]]
The amounts designated under this subparagraph shall be
allocated by the Secretary to State agencies, local
governments, and other persons that use and train
qualified officers and employees in coordination with
State motor vehicle safety agencies.'';
(2) by redesignating subsection (h) as subsection (g);
(3) by striking subsection (i); and
(4) by redesignating subsection (j) as subsection (h).
(h) <<NOTE: 49 USC 31101 note.>> Savings Clause.--Amendments made
by this section shall not affect any funds made available before the
date of enactment of this Act.
SEC. 4004. INFORMATION SYSTEMS.
(a) In General.--Section 31106 is amended to read as follows:
``Sec. 31106. Information systems
``(a) Information Systems and Data Analysis.--
``(1) In general.--Subject to the provisions of this
section, the Secretary shall establish and operate motor
carrier, commercial motor vehicle, and driver information
systems and data analysis programs to support safety regulatory
and enforcement activities required under this title.
``(2) Network coordination.--In cooperation with the States,
the information systems under this section shall be coordinated
into a network providing accurate identification of motor
carriers and drivers, commercial motor vehicle registration and
license tracking, and motor carrier, commercial motor vehicle,
and driver safety performance data.
``(3) Data analysis capacity and programs.--The Secretary
shall develop and maintain under this section data analysis
capacity and programs that provide the means to--
``(A) identify and collect necessary motor carrier,
commercial motor vehicle, and driver data;
``(B) evaluate the safety fitness of motor carriers
and drivers;
``(C) develop strategies to mitigate safety problems
and to use data analysis to address and measure the
effectiveness of such strategies and related programs;
``(D) determine the cost-effectiveness of Federal
and State safety compliance and enforcement programs and
other countermeasures; and
``(E) adapt, improve, and incorporate other
information and information systems as the Secretary
determines appropriate.
``(4) Standards.--To implement this section, the Secretary
shall prescribe technical and operational standards to ensure--
``(A) uniform, timely, and accurate information
collection and reporting by the States and other
entities as determined appropriate by the Secretary;
``(B) uniform Federal, State, and local policies and
procedures necessary to operate the information system;
and
``(C) the reliability and availability of the
information to the Secretary and States.
``(b) Performance and Registration Information
Program.--
[[Page 112 STAT. 399]]
``(1) Information clearinghouse.--The Secretary shall
include, as part of the motor carrier information system
authorized by this section, a program to establish and maintain
a clearinghouse and repository of information related to State
registration and licensing of commercial motor vehicles, the
registrants of such vehicles, and the motor carriers operating
such vehicles. The clearinghouse and repository may include
information on the safety fitness of each of the motor carriers
and registrants and other information the Secretary considers
appropriate, including information on motor carrier, commercial
motor vehicle, and driver safety performance.
``(2) Design.--The program shall link Federal motor carrier
safety information systems with State driver and commercial
vehicle registration and licensing systems and shall be designed
to enable a State to--
``(A) determine the safety fitness of a motor
carrier or registrant when licensing or registering the
registrant or motor carrier or while the license or
registration is in effect; and
``(B) decide, in cooperation with the Secretary,
whether and what types of sanctions or operating
limitations to impose on the motor carrier or registrant
to ensure safety.
``(3) Conditions for participation.--The Secretary shall
require States, as a condition of participation in the program,
to--
``(A) comply with the uniform policies, procedures,
and technical and operational standards prescribed by
the Secretary under subsection (a)(4); and
``(B) possess or seek authority to impose commercial
motor vehicle registration sanctions on the basis of a
Federal safety fitness determination.
``(4) Funding.--The Secretary may make available up to 50
percent of the amounts available to carry out this section by
section 31107 in each of fiscal years 1998, 1999, 2000, 2001,
2002, and 2003 to carry out this subsection. The Secretary is
encouraged to direct no less than 80 percent of amounts made
available to carry out this subsection to States that have not
previously received financial assistance to develop or implement
the information systems authorized by this section.
``(c) Commercial Motor Vehicle Driver Safety Program.--In
coordination with the information system under section 31309, the
Secretary is authorized to establish a program to improve commercial
motor vehicle driver safety. The objectives of the program shall
include--
``(1) enhancing the exchange of driver licensing information
among the States, the Federal Government, and foreign countries;
``(2) providing information to the judicial system on
commercial motor vehicle drivers;
``(3) evaluating any aspect of driver performance that the
Secretary determines appropriate; and
``(4) developing appropriate strategies and countermeasures
to improve driver safety.
``(d) Cooperative Agreements, Grants, and Contracts.--The Secretary
may carry out this section either independently or in cooperation with
other Federal departments, agencies, and
[[Page 112 STAT. 400]]
instrumentalities, or by making grants to, and entering into contracts
and cooperative agreements with, States, local governments,
associations, institutions, corporations, and other persons.
``(e) Information Availability and Privacy Protection Policy.--The
Secretary shall develop a policy on making information available from
the information systems authorized by this section and section 31309.
The policy shall be consistent with existing Federal information laws,
including regulations, and shall provide for review and correction of
such information in a timely manner.''.
(b) Contract Authority Funding.--Section 31107 is amended to read as
follows:
``Sec. 31107. Contract authority funding for information systems
``(a) Funding.--There shall be available from the Highway Trust Fund
(other than the Mass Transit Account) to carry out sections 31106 and
31309 of this title--
``(1) $6,000,000 for fiscal year 1998;
``(2) $10,000,000 for each of fiscal years 1999 and 2000;
and
``(3) $12,000,000 for each of fiscal years 2001 through
2002.
``(4) $15,000,000 for fiscal year 2003.
The amounts made available under this subsection shall remain available
until expended.
``(b) Contract Authority.--Approval by the Secretary of a grant with
funds made available under this section imposes upon the United States
Government a contractual obligation for payment of the Government's
share of costs incurred in carrying out the objectives of the grant.''.
(c) Subchapter Heading.--The heading for subchapter I of chapter 311
is amended by inserting after ``GRANTS'' the following: ``AND OTHER
COMMERCIAL MOTOR VEHICLE PROGRAMS''.
(d) Conforming Amendments.--The analysis for chapter 311 is
amended--
(1) by striking
``SUBCHAPTER I--STATE GRANTS''
and inserting
``SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE
PROGRAMS'';
and
(2) by striking the items relating to sections 31106 and
31107 and inserting the following:
``31106. Information systems.
``31107. Contract authority funding for information systems.''.
SEC. 4005. AUTOMOBILE TRANSPORTER DEFINED.
Section 31111(a) is amended--
(1) by striking ``section--'' and inserting ``section, the
following definitions apply:'';
(2) by inserting after ``(1)'' the following: ``Maxi-cube
vehicle.--The term'';
(3) by inserting after ``(2)'' the following: ``Truck
tractor.--The term'';
(4) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(5) by inserting before paragraph (2), as so redesignated,
the following:
[[Page 112 STAT. 401]]
``(1) Automobile transporter.--The term `automobile
transporter' means any vehicle combination designed and used
specifically for the transport of assembled highway vehicles,
including truck camper units.''.
SEC. 4006. INSPECTIONS AND REPORTS.
(a) General Powers of the Secretary.--Section 31133(a)(1) is amended
by inserting ``and make contracts for'' after ``conduct''.
(b) Reports and Records.--Section 504(c) is amended by inserting
``(and, in the case of a motor carrier, a contractor)'' after
``employee''.
SEC. 4007. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS.
(a) In General.--Section 31315 is amended to read as follows:
``Sec. 31315. Waivers, exemptions, and pilot programs
``(a) Waivers.--The Secretary may grant a waiver that relieves a
person from compliance in whole or in part with a regulation issued
under this chapter or section 31136 if the Secretary determines that it
is in the public interest to grant the waiver and that the waiver is
likely to achieve a level of safety that is equivalent to, or greater
than, the level of safety that would be obtained in the absence of the
waiver--
``(1) for a period not in excess of 3 months;
``(2) limited in scope and circumstances;
``(3) for nonemergency and unique events; and
``(4) subject to such conditions as the Secretary may
impose.
``(b) Exemptions.--
``(1) In general.--Upon receipt of a request pursuant to
paragraph (3), the Secretary of Transportation may grant to a
person or class of persons an exemption from a regulation
prescribed under this chapter or section 31136 if the Secretary
finds such exemption would likely achieve a level of safety that
is equivalent to, or greater than, the level that would be
achieved absent such exemption. An exemption may be granted for
no longer than 2 years from its approval date and may be renewed
upon application to the Secretary.
``(2) Authority to revoke exemption.--The Secretary shall
immediately revoke an exemption if--
``(A) the person fails to comply with the terms and
conditions of such exemption;
``(B) the exemption has resulted in a lower level of
safety than was maintained before the exemption was
granted; or
``(C) continuation of the exemption would not be
consistent with the goals and objectives of this chapter
or section 31136, as the case may be.
``(3) Requests for exemption.--
<<NOTE: Notice. Regulations.>> Not later than 180 days after the
date of enactment of this section and after notice and an
opportunity for public comment, the Secretary shall specify by
regulation the procedures by which a person may request an
exemption. Such regulations shall, at a minimum, require the
person to provide the following information for each exemption
request:
``(A) The provisions from which the person requests
exemption.
``(B) The time period during which the requested
exemption would apply.
[[Page 112 STAT. 402]]
``(C) An analysis of the safety impacts the
requested exemption may cause.
``(D) The specific countermeasures the person would
undertake to ensure an equivalent or greater level of
safety than would be achieved absent the requested
exemption.
``(4) <<NOTE: Federal Register, publication.>> Notice and
comment.--
``(A) Upon receipt of a request.--Upon receipt of an
exemption request, the Secretary shall publish in the
Federal Register a notice explaining the request that
has been filed and shall give the public an opportunity
to inspect the safety analysis and any other relevant
information known to the Secretary and to comment on the
request. This subparagraph does not require the release
of information protected by law from public disclosure.
``(B) Upon granting a request.--Upon granting a
request for exemption, the Secretary shall publish in
the Federal Register the name of the person granted the
exemption, the provisions from which the person will be
exempt, the effective period, and all terms and
conditions of the exemption.
``(C) After denying a request.--After denying a
request for exemption, the Secretary shall publish in
the Federal Register the name of the person denied the
exemption and the reasons for such denial. The Secretary
may meet the requirement of this subparagraph by
periodically publishing in the Federal Register the
names of persons denied exemptions and the reasons for
such denials.
``(5) Applications to be dealt with promptly.--The Secretary
shall grant or deny an exemption request after a thorough review
of its safety implications, but in no case later than 180 days
after the filing date of such request.
``(6) Terms and conditions.--The Secretary shall establish
terms and conditions for each exemption to ensure that it will
likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such
exemption. The Secretary shall monitor the implementation of the
exemption to ensure compliance with its terms and conditions.
``(7) Notification of state compliance and enforcement
personnel.--Before granting a request for exemption, the
Secretary shall notify State safety compliance and enforcement
personnel, including roadside inspectors, and the public that a
person will be operating pursuant to an exemption and any terms
and conditions that will apply to the exemption.
``(c) Pilot Programs.--
``(1) In general.--The Secretary may conduct pilot programs
to evaluate alternatives to regulations relating to, or
innovative approaches to, motor carrier, commercial motor
vehicle, and driver safety. Such pilot programs may include
exemptions from a regulation prescribed under this chapter or
section 31136 if the pilot program contains, at a minimum, the
elements described in paragraph (2). <<NOTE: Federal Register,
publication.>> The Secretary shall publish in the Federal
Register a detailed description of each pilot program, including
the exemptions to be considered, and provide notice and an
opportunity for public comment before the effective date of the
program.
[[Page 112 STAT. 403]]
``(2) Program elements.--In proposing a pilot program and
before granting exemptions for purposes of a pilot program, the
Secretary shall require, as a condition of approval of the
project, that the safety measures in the project are designed to
achieve a level of safety that is equivalent to, or greater
than, the level of safety that would otherwise be achieved
through compliance with the regulations prescribed under this
chapter or section 31136. The Secretary shall include, at a
minimum, the following elements in each pilot program plan:
``(A) A scheduled life of each pilot program of not
more than 3 years.
``(B) A specific data collection and safety analysis
plan that identifies a method for comparison.
``(C) A reasonable number of participants necessary
to yield statistically valid findings.
``(D) An oversight plan to ensure that participants
comply with the terms and conditions of participation.
``(E) Adequate countermeasures to protect the health
and safety of study participants and the general public.
``(F) A plan to inform State partners and the public
about the pilot program and to identify approved
participants to safety compliance and enforcement
personnel and to the public.
``(3) Authority to revoke participation.--The Secretary
shall immediately revoke participation in a pilot program of a
motor carrier, commercial motor vehicle, or driver for failure
to comply with the terms and conditions of the pilot program or
if continued participation would not be consistent with the
goals and objectives of this chapter or section 31136, as the
case may be.
``(4) Authority to terminate program.--The Secretary shall
immediately terminate a pilot program if its continuation would
not be consistent with the goals and objectives of this chapter
or section 31136, as the case may be.
``(5) Report to congress.--At the conclusion of each pilot
program, the Secretary shall report to Congress the findings,
conclusions, and recommendations of the program, including
suggested amendments to laws and regulations that would enhance
motor carrier, commercial motor vehicle, and driver safety and
improve compliance with national safety standards.
``(d) Preemption of State Rules.--During the time period that a
waiver, exemption, or pilot program is in effect under this chapter or
section 31136, no State shall enforce any law or regulation that
conflicts with or is inconsistent with the waiver, exemption, or pilot
program with respect to a person operating under the waiver or exemption
or participating in the pilot program.''.
(b) Chapter Analysis Amendment.--The analysis for chapter 313 is
amended by striking the item relating to section 31315 and inserting the
following:
``31315. Waivers, exemptions, and pilot programs.''.
(c) Conforming Amendment.--Section 31136(e) of such title is amended
to read as follows:
``(e) Exemptions.--The Secretary may grant in accordance with
section 31315 waivers and exemptions from, or conduct pilot programs
with respect to, any regulations prescribed under this section.''.
[[Page 112 STAT. 404]]
(d) <<NOTE: 49 USC 31136 note.>> Protection of Existing
Exemptions.--The amendments made by this section shall not apply to or
otherwise affect a waiver, exemption, or pilot program in effect on the
day before the date of enactment of this Act under chapter 313 or
section 31136(e) of title 49, United States Code.
SEC. 4008. SAFETY REGULATION.
(a) Commercial Motor Vehicle Defined.--Section 31132(1) is amended--
(1) in subparagraph (A)--
(A) by inserting ``or gross vehicle weight'' after
``rating''; and
(B) by inserting ``, whichever is greater'' after
``pounds''; and
(2) in subparagraph (B) by striking ``passengers'' and all
that follows through the semicolon at the end and inserting
``more than 8 passengers (including the driver) for
compensation;''.
(b) <<NOTE: 49 USC 31136 note.>> Application of Regulations to
Certain Commercial Motor Vehicles.--Effective on the last day of the 1-
year period beginning on the date of enactment of this Act, regulations
prescribed under section 31136 of title 49, United States Code, shall
apply to operators of commercial motor vehicles described in section
31132(1)(B) of such title (as amended by subsection (a)) to the extent
that those regulations did not apply to those operators on the day
before such effective date, except to the extent that the Secretary
determines, through a rulemaking proceeding, that it is appropriate to
exempt such operators of commercial motor vehicles from the application
of those regulations.
(c) Repeal of Review Panel.--Section 31134, and the item relating to
such section in the analysis for chapter 311, are repealed.
(d) Repeal of Submission to Review Panel.--Section 31140, and the
item relating to such section in the analysis for chapter 311, are
repealed.
(e) Review Procedure.--Section 31141 is amended--
(1) by striking subsections (b) and (c) and inserting the
following:
``(b) Submission of Regulation.--A State receiving funds made
available under section 31104 that enacts a State law or issues a
regulation on commercial motor vehicle safety shall submit a copy of the
law or regulation to the Secretary immediately after the enactment or
issuance.
``(c) Review and Decisions by Secretary.--
``(1) Review.--The Secretary shall review State laws and
regulations on commercial motor vehicle safety. The Secretary
shall decide whether the State law or regulation--
``(A) has the same effect as a regulation prescribed
by the Secretary under section 31136;
``(B) is less stringent than such regulation; or
``(C) is additional to or more stringent than such
regulation.
``(2) Regulations with same effect.--If the Secretary
decides a State law or regulation has the same effect as a
regulation prescribed by the Secretary under section 31136 of
this title, the State law or regulation may be enforced.
``(3) Less stringent regulations.--If the Secretary decides
a State law or regulation is less stringent than a
[[Page 112 STAT. 405]]
regulation prescribed by the Secretary under section 31136 of
this title, the State law or regulation may not be enforced.
``(4) Additional or more stringent regulations.--If the
Secretary decides a State law or regulation is additional to or
more stringent than a regulation prescribed by the Secretary
under section 31136 of this title, the State law or regulation
may be enforced unless the Secretary also decides that--
``(A) the State law or regulation has no safety
benefit;
``(B) the State law or regulation is incompatible
with the regulation prescribed by the Secretary; or
``(C) enforcement of the State law or regulation
would cause an unreasonable burden on interstate
commerce.
``(5) Consideration of effect on interstate commerce.--In
deciding under paragraph (4) whether a State law or regulation
will cause an unreasonable burden on interstate commerce, the
Secretary may consider the effect on interstate commerce of
implementation of that law or regulation with the implementation
of all similar laws and regulations of other States.'';
(2) by striking subsection (e); and
(3) by redesignating subsections (f), (g), and (h) as
subsections (e), (f), and (g), respectively.
(f) Inspection of Safety Equipment.--Section 31142(a) is amended by
striking ``part 393 of title 49, Code of Federal Regulations'' and
inserting ``the regulations issued under section 31136''.
(g) Protection of States Participating in State Groups.--Section
31142(c)(1)(C) is amended to read as follows:
``(C) prevent a State from participating in the
activities of a voluntary group of States enforcing a
program for inspection of commercial motor vehicles;
or''.
SEC. 4009. SAFETY FITNESS.
(a) In General.--Section 31144 is amended to read as follows:
``Sec. 31144. Safety fitness of owners and operators
``(a) In General.--The Secretary shall--
``(1) determine whether an owner or operator is fit to
operate safely commercial motor vehicles;
``(2) periodically update such safety fitness
determinations;
``(3) make such final safety fitness determinations readily
available to the public; and
``(4) prescribe by <<NOTE: Regulations.>> regulation
penalties for violations of this section consistent with section
521.
``(b) Procedure.--The <<NOTE: Regulations.>> Secretary shall
maintain by regulation a procedure for determining the safety fitness of
an owner or operator. The procedure shall include, at a minimum, the
following elements:
``(1) Specific initial and continuing requirements with
which an owner or operator must comply to demonstrate safety
fitness.
``(2) A methodology the Secretary will use to determine
whether an owner or operator is fit.
``(3) Specific time frames within which the Secretary will
determine whether an owner or operator is fit.
``(c) Prohibited Transportation.--
``(1) In general.--Except as provided in sections
521(b)(5)(A) and 5113 and this subsection, an owner or operator
who the Secretary determines is not fit may not operate
[[Page 112 STAT. 406]]
commercial motor vehicles in interstate commerce beginning on
the 61st day after the date of such fitness determination and
until the Secretary determines such owner or operator is fit.
``(2) Owners or operators transporting passengers.--With
regard to owners or operators of commercial motor vehicles
designed or used to transport passengers, an owner or operator
who the Secretary determines is not fit may not operate in
interstate commerce beginning on the 46th day after the date of
such fitness determination and until the Secretary determines
such owner or operator is fit.
``(3) Owners or operators transporting hazardous material.--
With regard to owners or operators of commercial motor vehicles
designed or used to transport hazardous material for which
placarding of a motor vehicle is required under regulations
prescribed under chapter 51, an owner or operator who the
Secretary determines is not fit may not operate in interstate
commerce beginning on the 46th day after the date of such
fitness determination and until the Secretary determines such
owner or operator is fit.
``(4) Secretary's discretion.--Except for owners or
operators described in paragraphs (2) and (3), the Secretary may
allow an owner or operator who is not fit to continue operating
for an additional 60 days after the 61st day after the date of
the Secretary's fitness determination, if the Secretary
determines that such owner or operator is making a good faith
effort to become fit.
``(d) Review of Fitness Determinations.--
``(1) In general.--Not later than 45 days after an unfit
owner or operator requests a review, the Secretary shall review
such owner's or operator's compliance with those requirements
with which the owner or operator failed to comply and resulted
in the Secretary determining that the owner or operator was not
fit.
``(2) Owners or operators transporting passengers.--Not
later than 30 days after an unfit owner or operator of
commercial motor vehicles designed or used to transport
passengers requests a review, the Secretary shall review such
owner's or operator's compliance with those requirements with
which the owner or operator failed to comply and resulted in the
Secretary determining that the owner or operator was not fit.
``(3) Owners or operators transporting hazardous material.--
Not later than 30 days after an unfit owner or operator of
commercial motor vehicles designed or used to transport
hazardous material for which placarding of a motor vehicle is
required under regulations prescribed under chapter 51, the
Secretary shall review such owner's or operator's compliance
with those requirements with which the owner or operator failed
to comply and resulted in the Secretary determining that the
owner or operator was not fit.
``(e) Prohibited Government Use.--A department, agency, or
instrumentality of the United States Government may not use to provide
any transportation service an owner or operator who the Secretary has
determined is not fit until the Secretary determines such owner or
operator is fit.''.
[[Page 112 STAT. 407]]
(b) Conforming Amendment.--Section 5113 is amended by striking
subsections (a), (b), (c), and (d) and inserting the following:
``See section 31144.''.
SEC. 4010. <<NOTE: 49 USC 31161, 31162.>> REPEAL OF CERTAIN OBSOLETE
MISCELLANEOUS AUTHORITIES.
Subchapter IV of chapter 311 (including sections 31161 and 31162),
and the items relating to such subchapter and sections in the analysis
for chapter 311, are repealed.
SEC. 4011. COMMERCIAL VEHICLE OPERATORS.
(a) Commercial Motor Vehicle Defined.--Section 31301(4) is amended--
(1) in subparagraph (A)--
(A) by inserting ``or gross vehicle weight'' after
``rating'' the first 2 places it appears; and
(B) by inserting ``, whichever is greater,'' after
``pounds'' the first place it appears; and
(2) in subparagraph (C)(ii)--
(A) by inserting ``is'' before ``transporting'' each
place it appears; and
(B) by inserting ``is'' before ``not otherwise''.
(b) Prohibition on CMV Operation Without CDL.--
(1) In general.--Section 31302 of such title is amended to
read as follows:
``Sec. 31302. Commercial driver's license requirement
``No individual shall operate a commercial motor vehicle without a
valid commercial driver's license issued in accordance with section
31308. An individual operating a commercial motor vehicle may have only
one driver's license at any time.''.
(2) Conforming amendment.--The item relating to section
31302 in the analysis for chapter 313 is amended to read as
follows:
``31302. Commercial driver's license requirement.''.
(c) Unique Identifiers in CDLs.--
(1) In general.--Section 31308(2) is amended by inserting
before the semicolon ``and each license issued after January 1,
2001, include unique identifiers (which may include biometric
identifiers) to minimize fraud and duplication''.
(2) <<NOTE: 49 USC 31308 note.>> Deadline for issuance of
regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue regulations to
carry out the amendment made by paragraph (1).
(d) Commercial Driver's License Information System.--Section 31309
of such title is amended--
(1) in subsection (a) by striking ``make an agreement under
subsection (b) of this section for the operation of, or
establish under subsection (c) of this section,'' and inserting
``maintain'';
(2) by inserting after the first sentence of subsection (a)
the following: ``The system shall be coordinated with activities
carried out under section 31106.'';
(3) by striking subsections (b) and (c);
(4) by striking subsection (d)(2) and inserting the
following:
``(2) The information system under this section must accommodate any
unique identifiers required to minimize fraud or duplication of a
commercial driver's license under section 31308(2).'';
[[Page 112 STAT. 408]]
(5) by striking subsection (e) and inserting the following:
``(e) Availability of Information.--Information in the information
system shall be made available and subject to review and correction in
accordance with the policy developed under section 31106(e).'';
(6) in subsection (f) by striking ``If the Secretary
establishes an information system under this section, the'' and
inserting ``The'';
(7) by striking ``shall'' in the first sentence of
subsection (f) and inserting ``may''; and
(8) by redesignating subsections (d), (e), and (f) as
subsections (b), (c), and (d), respectively.
(e) Requirements for State Participation.--Section 31311(a) is
amended--
(1) in paragraph (15) by striking ``section 31310(b)-(e) of
this title'' and inserting ``subsections (b)-(e), (g)(1)(A), and
(g)(2) of section 31310'';
(2) by striking paragraph (17); and
(3) by redesignating paragraph (18) as paragraph (17).
(f) Repeal of Obsolete Grant Programs.--Sections 31312 and 31313,
and the items relating to such sections in the analysis for chapter 313,
are repealed.
(g) Updating Amendments.--Section 31314 is amended--
(1) by striking ``(2), (5), and (6)'' each place it appears
in subsections (a) and (b) and inserting ``(3), and (5)'';
(2) in subsection (c) by striking ``(1) Amounts'' and all
that follows through ``(2) Amounts'' and inserting ``Amounts'';
(3) by striking subsection (d); and
(4) by redesignating subsection (e) as subsection (d).
SEC. 4012. EXEMPTION FROM CERTAIN REGULATIONS FOR UTILITY SERVICE
COMMERCIAL MOTOR VEHICLE DRIVERS.
(a) In General.--Section 31502 is amended by adding at the end the
following:
``(e) Exception.--
``(1) In general.--Notwithstanding any other provision of
law, regulations issued under this section or section 31136
regarding--
``(A) maximum driving and on-duty times applicable
to operators of commercial motor vehicles,
``(B) physical testing, reporting, or recordkeeping,
and
``(C) the installation of automatic recording
devices associated with establishing the maximum driving
and on-duty times referred to in subparagraph (A),
shall not apply to any driver of a utility service vehicle
during an emergency period of not more than 30 days declared by
an elected State or local government official under paragraph
(2) in the area covered by the declaration.
``(2) Declaration of emergency.--An elected State or local
government official or elected officials of more than one State
or local government jointly may issue an emergency declaration
for purposes of paragraph (1) after notice to the Regional
Director of the Federal Highway Administration with jurisdiction
over the area covered by the declaration.
``(3) Incident report.--Within 30 days after the end of the
declared emergency period the official who issued the emergency
declaration shall file with the Regional Director a report
[[Page 112 STAT. 409]]
of each safety-related incident or accident that occurred during
the emergency period involving--
``(A) a utility service vehicle driver to which the
declaration applied; or
``(B) a utility service vehicle of the driver to
which the declaration applied.
``(4) Definitions.--In this subsection, the following
definitions apply:
``(A) Driver of a utility service vehicle.--The term
`driver of a utility service vehicle' means any driver
who is considered to be a driver of a utility service
vehicle for purposes of section 345(a)(4) of the
National Highway System Designation Act of 1995 (49
U.S.C. 31136 note; 109 Stat. 613).
``(B) Utility service vehicle.--The term `utility
service vehicle' has the meaning that term has under
section 345(e)(6) of the National Highway System
Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat
614-615).''.
(b) <<NOTE: 49 USC 31502 note.>> Continued Application of Safety
and Maintenance Requirements.--
(1) In general.--The amendment made by subsection (a) may
not be construed--
(A) to exempt any utility service vehicle from
compliance with any applicable provision of law relating
to vehicle mechanical safety, maintenance requirements,
or inspections; or
(B) to exempt any driver of a utility service
vehicle from any applicable provision of law (including
any regulation) established for the issuance,
maintenance, or periodic renewal of a commercial
driver's license for that driver.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Commercial driver's license.--The term
``commercial driver's license'' has the meaning that
term has under section 31301 of title 49, United States
Code.
(B) Driver of a utility service vehicle.--The term
``driver of a utility service vehicle'' has the meaning
that term has under section 31502(e)(2) of such title.
(C) Regulation.--The term ``regulation'' has the
meaning that term has under section 31132 of such title.
(D) Utility service vehicle.--The term ``utility
service vehicle'' has the meaning that term has under
section 345(e)(6) of the National Highway System
Designation Act of 1995 (49 U.S.C. 31136 note; 109 Stat.
614-615).
SEC. 4013. PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND
INTERNATIONAL FUEL TAX AGREEMENT.
Sections 31702, 31703, and 31708, and the items relating to such
sections in the analysis for chapter 317, are repealed.
SEC. 4014. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS; LIMITATION ON
LIABILITY.
(a) In General.--
(1) In general.--Chapter 5 is amended by adding at the end
the following:
[[Page 112 STAT. 410]]
``Sec. 508. Safety performance history of new drivers;
limitation <<NOTE: Regulations.>> on liability
``(a) Limitation on Liability.--No action or proceeding for
defamation, invasion of privacy, or interference with a contract that is
based on the furnishing or use of safety performance records in
accordance with regulations issued by the Secretary may be brought
against--
``(1) a motor carrier requesting the safety performance
records of an individual under consideration for employment as a
commercial motor vehicle driver as required by and in accordance
with regulations issued by the Secretary;
``(2) a person who has complied with such a request; or
``(3) the agents or insurers of a person described in
paragraph (1) or (2).
``(b) Restrictions on Applicability.--
``(1) Motor carrier requesting.--Subsection (a) does not
apply to a motor carrier requesting safety performance records
unless--
``(A) the motor carrier and any agents of the motor
carrier have complied with the regulations issued by the
Secretary in using the records, including the
requirement that the individual who is the subject of
the records be afforded a reasonable opportunity to
review and comment on the records;
``(B) the motor carrier and any agents and insurers
of the motor carrier have taken all precautions
reasonably necessary to protect the records from
disclosure to any person, except for such an insurer,
not directly involved in deciding whether to hire that
individual; and
``(C) the motor carrier has used those records only
to assess the safety performance of the individual who
is the subject of those records in deciding whether to
hire that individual.
``(2) Person complying with requests.--Subsection (a) does
not apply to a person complying with a request for safety
performance records unless--
``(A) the complying person and any agents of the
complying person have taken all precautions reasonably
necessary to ensure the accuracy of the records and have
complied with the regulations issued by the Secretary in
furnishing the records, including the requirement that
the individual who is the subject of the records be
afforded a reasonable opportunity to review and comment
on the records; and
``(B) the complying person and any agents and
insurers of the complying person have taken all
precautions reasonably necessary to protect the records
from disclosure to any person, except for such an
insurer, not directly involved in forwarding the
records.
``(3) Persons knowingly furnishing false information.--
Subsection (a) does not apply to persons who knowingly furnish
false information.
``(c) Preemption of State and Local Law.--No State or political
subdivision thereof may enact, prescribe, issue, continue in effect, or
enforce any law (including any regulation, standard, or other provision
having the force and effect of law) that prohibits,
[[Page 112 STAT. 411]]
penalizes, or imposes liability for furnishing or using safety
performance records in accordance with regulations issued by the
Secretary to carry out this section. Notwithstanding any provision of
law, written authorization shall not be required to obtain information
on the motor vehicle driving record of an individual under consideration
for employment with a motor carrier.''.
(2) Conforming amendment.--The analysis for chapter 5 is
amended by inserting after the item relating to section 507 the
following:
``508. Safety performance history of new drivers; limitation on
liability.''.
(b) <<NOTE: 49 USC 508 note.>> Effective Date.--The amendments made
by subsection (a) shall take effect on January 31, 1999.
(c) Safety Performance History of New Drivers.--
(1) Matters to be included.--As part of the rulemaking that
the Secretary is conducting under section 114 of the Hazardous
Materials Transportation Authorization Act of 1994 (108 Stat.
1677-1678) to amend section 391.23 of title 49, Code of Federal
Regulations (or successor regulations thereto), the Secretary
shall amend such section 391.23 (in addition to the matters set
forth in such section 114) to provide protection for driver
privacy and to establish procedures for review, correction, and
rebuttal of the safety performance records of a commercial motor
vehicle driver.
(2) Completion.--The rulemaking and the amendments referred
to in paragraph (1) shall be completed by January 31, 1999.
SEC. 4015. PENALTIES.
(a) Notification of Violations and Enforcement Procedures.--Section
521(b)(1) is amended--
(1) in the third sentence of subparagraph (A) by striking
``fix a reasonable time for abatement of the violation,''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) Nonapplicability to reporting and
recordkeeping violations.--Subparagraph (A) shall not
apply to reporting and recordkeeping violations.''.
(b) Civil Penalties.--Section 521(b)(2) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) In general.--Except as otherwise provided in
this subsection, any person who is determined by the
Secretary, after notice and opportunity for a hearing,
to have committed an act that is a violation of
regulations issued by the Secretary under subchapter III
of chapter 311 (except sections 31138 and 31139) or
section 31502 of this title shall be liable to the
United States for a civil penalty in an amount not to
exceed $10,000 for each offense. Notwithstanding any
other provision of this section (except subparagraph
(C)), no civil penalty shall be assessed under this
section against an employee for a violation in an amount
exceeding $2,500.'';
(2) by redesignating subparagraphs (B) and (C) as sub-
paragraphs (C) and (D), respectively; and
(3) by inserting after subparagraph (A) the following:
``(B) Recordkeeping and reporting violations.--A
person required to make a report to the Secretary,
answer
[[Page 112 STAT. 412]]
a question, or make, prepare, or preserve a record under
section 504 of this title or under any regulation issued
by the Secretary pursuant to subchapter III of chapter
311 (except sections 31138 and 31139) or section 31502
of this title about transportation by motor carrier,
motor carrier of migrant workers, or motor private
carrier, or an officer, agent, or employee of that
person--
``(i) who does not make that report, does not
specifically, completely, and truthfully answer
that question in 30 days from the date the
Secretary requires the question to be answered, or
does not make, prepare, or preserve that record in
the form and manner prescribed by the Secretary,
shall be liable to the United States for a civil
penalty in an amount not to exceed $500 for each
offense, and each day of the violation shall
constitute a separate offense, except that the
total of all civil penalties assessed against any
violator for all offenses related to any single
violation shall not exceed $5,000; or
``(ii) who knowingly falsifies, destroys,
mutilates, or changes a required report or record,
knowingly files a false report with the Secretary,
knowingly makes or causes or permits to be made a
false or incomplete entry in that record about an
operation or business fact or transaction, or
knowingly makes, prepares, or preserves a record
in violation of a regulation or order of the
Secretary, shall be liable to the United States
for a civil penalty in an amount not to exceed
$5,000 for each violation, if any such action can
be shown to have misrepresented a fact that
constitutes a violation other than a reporting or
recordkeeping violation.''.
(c) Conforming Amendments.--Section 522 is amended by striking
``(a)'' and by striking subsection (b).
SEC. 4016. AUTHORITY OVER CHARTER BUS TRANSPORTATION.
Section 14501(a) is amended to read as follows:
``(a) Motor Carriers of Passengers.--
``(1) Limitation on state law.--No State or political
subdivision thereof and no interstate agency or other political
agency of 2 or more States shall enact or enforce any law, rule,
regulation, standard, or other provision having the force and
effect of law relating to--
``(A) scheduling of interstate or intrastate
transportation (including discontinuance or reduction in
the level of service) provided by a motor carrier of
passengers subject to jurisdiction under subchapter I of
chapter 135 of this title on an interstate route;
``(B) the implementation of any change in the rates
for such transportation or for any charter
transportation except to the extent that notice, not in
excess of 30 days, of changes in schedules may be
required; or
``(C) the authority to provide intrastate or
interstate charter bus transportation.
This paragraph shall not apply to intrastate commuter bus
operations.
``(2) Matters not covered.--Paragraph (1) shall not restrict
the safety regulatory authority of a State with respect
[[Page 112 STAT. 413]]
to motor vehicles, the authority of a State to impose highway
route controls or limitations based on the size or weight of the
motor vehicle, or the authority of a State to regulate carriers
with regard to minimum amounts of financial responsibility
relating to insurance requirements and self-insurance
authorization.''.
SEC. 4017. <<NOTE: 49 USC 31143 note.>> TELEPHONE HOTLINE FOR REPORTING
SAFETY VIOLATIONS.
(a) In General.--For a period of not less than 2 years beginning on
or before the 90th day following the date of enactment of this Act, the
Secretary shall establish, maintain, and promote the use of a nationwide
toll-free telephone system to be used by drivers of commercial motor
vehicles and others to report potential violations of Federal motor
carrier safety regulations.
(b) Monitoring.--The Secretary shall monitor reports received by the
telephone system and may consider nonfrivolous information provided by
such reports in setting priorities for motor carrier safety audits and
other enforcement activities.
(c) Protection of Persons Reporting Violations.--
(1) Prohibition.--A person reporting a potential violation
to the telephone system while acting in good faith may not be
discharged, disciplined, or discriminated against regarding pay,
terms, or privileges of employment because of the reporting of
such violation.
(2) Applicability of section 31105 of title 49.--For
purposes of section 31105 of title 49, United States Code, a
violation or alleged violation of paragraph (1) shall be treated
as a violation of section 31105(a) of such title.
(d) Funding.--From amounts set aside under section 104(a) of title
23, United States Code, the Secretary may use not more than $250,000 for
each of fiscal years 1999 through 2003 to carry out this section.
SEC. 4018. INSULIN TREATED DIABETES MELLITUS. <<NOTE: 49 USC 31305
note.>>
(a) Determination.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall determine whether a
practicable and cost-effective screening, operating, and monitoring
protocol could likely be developed for insulin treated diabetes mellitus
individuals who want to operate commercial motor vehicles in interstate
commerce that would ensure a level of safety equal to or greater than
that achieved with the current prohibition on individuals with insulin
treated diabetes mellitus driving such vehicles.
(b) Compilation and Evaluation.--Prior to making the determination
in subsection (a), the Secretary shall compile and evaluate research and
other information on the effects of insulin treated diabetes mellitus on
driving performance. In preparing the compilation and evaluation, the
Secretary shall, at a minimum--
(1) consult with States that have developed and are
implementing a screening process to identify individuals with
insulin treated diabetes mellitus who may obtain waivers to
drive commercial motor vehicles in intrastate commerce;
(2) evaluate the Department's policy and actions to permit
certain insulin treated diabetes mellitus individuals who meet
selection criteria and who successfully comply with the approved
monitoring protocol to operate in other modes of transportation;
[[Page 112 STAT. 414]]
(3) assess the possible legal consequences of permitting
insulin treated diabetes mellitus individuals to drive
commercial motor vehicles in interstate commerce;
(4) analyze available data on the safety performance of
diabetic drivers of motor vehicles;
(5) assess the relevance of intrastate driving and
experiences of other modes of transportation to interstate
commercial motor vehicle operations; and
(6) consult with interested groups knowledgeable about
diabetes and related issues.
(c) Report to Congress.--If the Secretary determines that no
protocol described in subsection (a) could likely be developed, the
Secretary shall report to Congress the basis for such determination.
(d) <<NOTE: Reports.>> Initiation of Rulemaking.--If the Secretary
determines that a protocol described in subsection (a) could likely be
developed, the Secretary shall report to Congress a description of the
elements of such protocol and shall promptly initiate a rulemaking
proceeding to implement such protocol.
SEC. 4019. PERFORMANCE-BASED CDL TESTING. <<NOTE: 49 USC 31305 note.>>
(a) Review.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall complete a review of the procedures
established and implemented by States under section 31305 of title 49,
United States Code, to determine if the current system for testing is an
accurate measure and reflection of an individual's knowledge and skills
as an operator of a commercial motor vehicle and to identify methods to
improve testing and licensing standards, including identifying the
benefits and costs of a graduated licensing system.
(b) Regulations.--The Secretary may issue regulations under section
31305 of title 49, United States Code, reflecting the results of the
review.
SEC. 4020. POST-ACCIDENT ALCOHOL TESTING. <<NOTE: 49 USC 31306 note.>>
(a) Study.--The Secretary shall conduct a study of the feasibility
of utilizing law enforcement officers for conducting post-accident
alcohol testing of commercial motor vehicle operators under section
31306 of title 49, United States Code, as a method of obtaining more
timely information. The study shall also assess the impact of the
current post-accident alcohol testing requirements on motor carrier
employers, including any burden that employers may encounter in meeting
the testing requirements of such section 31306.
(b) Report.--Not later than 18 months after the date of enactment of
this Act, the Secretary shall transmit to Congress a report on the
study, together with such recommendations as the Secretary determines
appropriate.
SEC. 4021. DRIVER FATIGUE. <<NOTE: 49 USC 31305 note.>>
(a) Technologies To Reduce Fatigue of Commercial Motor Vehicle
Operators.--
(1) Development of technologies.--As part of the activities
of the Secretary relating to the fatigue of commercial motor
vehicle operators, the Secretary shall encourage the research,
development, and demonstration of technologies that may aid in
reducing such fatigue.
[[Page 112 STAT. 415]]
(2) Matters to be taken into account.--In carrying out
paragraph (1), the Secretary shall take into account--
(A) the degree to which the technology will be cost
efficient;
(B) the degree to which the technology can be
effectively used in diverse climatic regions of the
Nation; and
(C) the degree to which the application of the
technology will further emissions reductions, energy
conservation, and other transportation goals.
(3) Funding.--The Secretary may use amounts made available
under section 5001(a)(2) of this Act.
(b) Nonsedating Medications.--The Secretary shall review available
information on the effects of medications (including antihistamines) on
driver fatigue, awareness, and performance and shall consider
encouraging, if appropriate, the use of nonsedating medications
(including nonsedating antihistamines) as a means of reducing the
adverse effects of the use of other medications by drivers.
SEC. 4022. <<NOTE: 49 USC 31309 note.>> IMPROVED FLOW OF DRIVER HISTORY
PILOT PROGRAM.
(a) Pilot Program.--
(1) In general.--The Secretary shall carry out a pilot
program in cooperation with 1 or more States to improve upon the
timely exchange of pertinent driver performance and safety
records data to motor carriers.
(2) Purpose.--The purpose of the program shall be to--
(A) determine to what extent driver performance
records data, including relevant fines, penalties, and
failures to appear for a hearing or trial, should be
included as part of any information systems under the
Department of Transportation's oversight;
(B) assess the feasibility, costs, safety impact,
pricing impact, and benefits of record exchanges; and
(C) assess methods for the efficient exchange of
driver safety data available from existing State
information systems and sources.
(3) Completion date.--The pilot program shall end on the
last day of the 18-month period beginning on the date of
initiation of the pilot program.
(b) Rulemaking.--After completion of the pilot program, the
Secretary shall initiate, if appropriate, a rulemaking to revise the
information system under section 31309 of title 49, United States Code,
to take into account the results of the pilot program.
SEC. 4023. EMPLOYEE PROTECTIONS. <<NOTE: Reports. 49 USC 31105 note.>>
Not later than 2 years after the date of enactment of this Act, the
Secretary, in conjunction with the Secretary of Labor, shall report to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives on the effectiveness of existing statutory employee
protections provided for under section 31105 of title 49, United States
Code. The report shall include recommendations to address any statutory
changes necessary to strengthen the enforcement of such employee
protection provisions.
[[Page 112 STAT. 416]]
SEC. 4024. IMPROVED INTERSTATE SCHOOL BUS
SAFETY. <<NOTE: Regulations. 49 USC 31136 note.>>
Not later than 6 months after the date of enactment of this Act, the
Secretary shall initiate a rulemaking proceeding to determine whether or
not relevant commercial motor carrier safety regulations issued under
section 31136 of title 49, United States Code, should apply to all
interstate school transportation operations by local educational
agencies (as defined in section 14101 of the Elementary and Secondary
Education Act of 1965).
SEC. 4025. TRUCK TRAILER CONSPICUITY. <<NOTE: Regulations. 49 USC 507
note.>>
(a) Issuance of Final Rule.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue a final rule regarding
the conspicuity of trailers manufactured before December 1, 1993.
(b) Considerations.--In conducting the rulemaking under subsection
(a), the Secretary shall consider, at a minimum, the following:
(1) The cost-effectiveness of any requirement to retrofit
trailers manufactured before December 1, 1993.
(2) The extent to which motor carriers have voluntarily
taken steps to increase equipment visibility.
(3) Regulatory flexibility to accommodate differing trailer
designs and configurations, such as tank trucks.
SEC. 4026. DOT IMPLEMENTATION PLAN.
(a) Assessment.--Not later than 18 months after the date of
enactment of this section, the Secretary shall assess the scope of the
problem of shippers, freight forwarders, brokers, consignees, or other
persons (other than rail carriers, motor carriers, motor carriers of
migrant workers, or motor private carriers) encouraging violations of
chapter 5 of title 49, United States Code, or a regulation or order
issued by the Secretary under such chapter.
(b) Submission of Implementation Plan.--After completion of the
assessment under subsection (a), the Secretary may submit to the
Congress a plan for implementing authority (if subsequently provided by
law) to investigate and bring civil actions to enforce chapter 5 of
title 49, United States Code, or regulations or orders issued by the
Secretary under such chapter with respect to persons described in
subsection (a).
(c) Contents of Implementation Plan.--In developing the
implementation plan under subsection (b), the Secretary shall consider,
as appropriate--
(1) in what circumstances the Secretary would exercise the
new authority;
(2) how the Secretary would determine that shippers, freight
forwarders, brokers, consignees, or other persons committed
violations described in subsection (a), including what types of
evidence would be conclusive;
(3) what procedures would be necessary during investigations
to ensure the confidentiality of shipper contract terms prior to
the Secretary's findings of violations;
(4) what impact the exercise of the new authority would have
on the Secretary's resources, including whether additional
investigative or legal resources would be necessary and whether
the staff would need specialized education or training to
exercise properly such authority;
[[Page 112 STAT. 417]]
(5) to what extent the Secretary would conduct educational
activities for persons who would be subject to the new
authority; and
(6) any other information that would assist the Congress in
determining whether to provide the Secretary the new authority.
SEC. 4027. STUDY OF ADEQUACY OF PARKING FACILITIES. <<NOTE: 49 USC 31502
note.>>
(a) Study.--The Secretary shall conduct a study to determine the
location and quantity of parking facilities at commercial truck stops
and travel plazas and public rest areas that could be used by motor
carriers to comply with Federal hours of service rules. The study shall
include an inventory of current facilities serving the National Highway
System, analyze where shortages exist or are projected to exist, and
propose a plan to reduce the shortages. The study may be carried out in
cooperation with research entities representing motor carriers, the
travel plaza industry, and commercial motor vehicle drivers.
(b) Report.--Not later than the 3 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress a report
on the results of the study with any recommendations the Secretary
determines appropriate as a result of the study.
(c) Funding.--From amounts set aside under section 104(a) of title
23, United States Code, for each of fiscal years 1999, 2000, and 2001,
the Secretary may use not to exceed $500,000 per fiscal year to carry
out this section.
SEC. 4028. QUALIFICATIONS OF FOREIGN MOTOR CARRIERS.
(a) Review.--Not later than 90 days after the date of enactment of
this Act, the Secretary shall review--
(1) the qualifications of any foreign motor carrier, the
application for which has not been processed due to the
moratorium on the granting of authority to foreign carriers to
operate in the United States, to operate as a motor carrier in
the United States; and
(2) the carrier's likely ability to comply with applicable
laws and regulations of the United States.
(b) Use of Review.--The review conducted under subsection (a) shall
not constitute a finding by the Secretary under section 13902 of title
49, United States Code, that a motor carrier is willing and able to
comply with requirements of such section. The results of the review may
be used by the Secretary as the Secretary determines appropriate.
(c) Report.--Not later than 120 days after the date of enactment
this Act, the Secretary shall submit a report on the results of the
review to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives. The report shall include--
(1) any findings made by the Secretary under subsection (a);
(2) information on which carriers have applied to the
Department of Transportation under that section; and
(3) a description of the process utilized to respond to such
applications and to review the safety fitness of those carriers.
[[Page 112 STAT. 418]]
SEC. 4029. FEDERAL MOTOR CARRIER SAFETY INSPECTORS.
The Department of Transportation shall maintain at least the number
of Federal motor carrier safety inspectors for international border
commercial vehicle inspections as in effect on September 30, 1997, or
provide for alternative resources and mechanisms to ensure at least an
equivalent level of commercial motor vehicle safety inspections. Such
funds as are necessary to carry out this section shall be made available
within the limitation on general operating expenses of the Department of
Transportation.
SEC. 4030. SCHOOL TRANSPORTATION SAFETY. <<NOTE: Contracts. 23 USC 403
note.>>
(a) Study.--Not later than 3 months after the date of enactment of
this Act, the Secretary shall offer to enter into an agreement with the
Transportation Research Board of the National Academy of Sciences to
conduct, subject to the availability of appropriations, a study of the
safety issues attendant to the transportation of school children to and
from school and school-related activities by various transportation
modes.
(b) Terms of Agreement.--The agreement under subsection (a) shall
provide that--
(1) the Transportation Research Board, in conducting the
study, shall consider--
(A) in consultation with the National Transportation
Safety Board, the Bureau of Transportation Statistics,
and other relevant entities, available crash injury
data;
(B) vehicle design and driver training requirements,
routing, and operational factors that affect safety; and
(C) other factors that the Secretary considers to be
appropriate;
(2) if the data referred to in paragraph (1)(A) is
unavailable or insufficient, the Transportation Research Board
shall recommend a new data collection regimen and implementation
guidelines; and
(3) a panel shall conduct the study and shall include--
(A) representatives of--
(i) highway safety organizations;
(ii) school transportation;
(iii) mass transportation operators;
(iv) employee organizations; and
(v) bicycling organizations;
(B) academic and policy analysts; and
(C) other interested parties.
(c) Report.--Not later than 12 months after the Secretary enters
into an agreement under subsection (a), the Secretary shall transmit to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report that contains the results of the study.
(d) Authorization.--There are authorized to be appropriated to the
Department of Transportation to carry out this section $200,000 for
fiscal year 2000 and $200,000 for fiscal year 2001. Such sums shall
remain available until expended.
SEC. 4031. DESIGNATION OF NEW MEXICO COMMERCIAL ZONE.
(a) General Rule.--Notwithstanding the provisions of section
13902(c)(4)(A) of title 49, United States Code, the New Mexico
[[Page 112 STAT. 419]]
Commercial Zone shall be a commercial zone for purposes of
transportation of property only under section 13506(b) of such title.
(b) Consultation.--In carrying out this section, the Secretary shall
consult with other Federal agencies that have responsibilities over
traffic between the United States and Mexico.
(c) Submission of Plan.--Not later than 3 months after the date of
enactment of this Act, the State of New Mexico shall submit to the
Secretary a plan describing how the State will monitor commercial motor
vehicle traffic and enforce safety regulations.
(d) Savings Provision.--Nothing in this section shall affect any
action commenced or pending before the Secretary or Surface
Transportation Board before the date of enactment of this Act.
(e) New Mexico Commercial Zone Defined.--In this section, the term
``New Mexico Commercial Zone'' means the area that is comprised of Dona
Ana County and Luna County in New Mexico.
(f) Designation.--The designation and operation of the New Mexico
Commercial Zone shall become effective upon the date of enactment of
this Act.
SEC. 4032. EFFECTS OF MCSAP GRANT REDUCTIONS. <<NOTE: 49 USC 31102
note.>>
(a) Study.--The Secretary shall conduct a study on the effects of
reductions of grants under section 31102 of title 49, United States
Code, due to nonconformity of State intrastate motor carrier, commercial
motor vehicle, and driver requirements with Federal interstate
requirements. In conducting the study, the Secretary shall consider, at
a minimum--
(1) national uniformity and the purposes of the motor
carrier safety assistance program;
(2) State motor carrier, commercial motor vehicle, and
driver safety oversight and enforcement capabilities; and
(3) the safety impacts, costs, and benefits of full
participation in the program.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall submit to Congress a report on the
results of the study.
(c) Adjustment of State Allocations.--The Secretary is authorized to
adjust State allocations under section 31103 of title 49, United States
Code, to reflect the results of the study.
TITLE V--TRANSPORTATION RESEARCH
Subtitle A--Funding
SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Surface transportation research.--For carrying out
sections 502, 506, 507, and 508 of title 23, United States Code,
and section 5112 of this Act $96,000,000 for fiscal year 1998,
$97,000,000 for fiscal year 1999, $97,000,000 for fiscal year
2000, $98,000,000 for fiscal year 2001, $101,000,000 for fiscal
year 2002, and $103,000,000 for fiscal year 2003.
(2) Technology deployment program.--To carry out section 503
of title 23, United States Code, $35,000,000 for fiscal year
1998, $35,000,000 for fiscal year 1999, $40,000,000 for
[[Page 112 STAT. 420]]
fiscal year 2000, $45,000,000 for fiscal year 2001, $45,000,000
for fiscal year 2002, and $50,000,000 for fiscal year 2003.
(3) Training and education.--For carrying out section 504 of
title 23, United States Code, $14,000,000 for fiscal year 1998,
$15,000,000 for fiscal year 1999, $16,000,000 for fiscal year
2000, $18,000,000 for fiscal year 2001, $19,000,000 for fiscal
year 2002, and $20,000,000 for fiscal year 2003.
(4) Bureau of transportation statistics.--For the Bureau of
Transportation Statistics to carry out section 111 of title 49,
United States Code, $31,000,000 for each of fiscal years 1998
through 2003.
(5) ITS standards, research, operational tests, and
development.--For carrying out sections 5204, 5205, 5206, and
5207 of this Act $95,000,000 for fiscal year 1998, $95,000,000
for fiscal year 1999, $98,200,000 for fiscal year 2000,
$100,000,000 for fiscal year 2001, $105,000,000 for fiscal year
2002, and $110,000,000 for fiscal year 2003.
(6) ITS deployment.--For carrying out sections 5208 and 5209
of this Act $101,000,000 for fiscal year 1998, $105,000,000 for
fiscal year 1999, $113,000,000 for fiscal year 2000,
$118,000,000 for fiscal year 2001, $120,000,000 for fiscal year
2002, and $122,000,000 for fiscal year 2003.
(7) University transportation research.--For carrying out
section 5505 of title 49, United States Code, $31,150,000 for
fiscal year 1998, $31,150,000 for fiscal year 1999, $32,750,000
for fiscal year 2000, $32,750,000 for fiscal year 2001,
$32,000,000 for fiscal year 2002, and $32,000,000 for fiscal
year 2003.
(b) Applicability of Title 23, United States Code.--Funds authorized
to be appropriated by subsection (a) shall be available for obligation
in the same manner as if such funds were apportioned under chapter 1 of
title 23, United States Code, except that the Federal share of the cost
of a project or activity carried out using such funds shall be 80
percent (unless otherwise expressly provided by this subtitle or
otherwise determined by the Secretary with respect to a project of
activity) and such funds shall remain available until expended.
(c) Allocations.--
(1) Surface transportation research.--Of the amounts made
available under subsection (a)(1)--
(A) $10,000,000 for each of fiscal years 1998
through 2003 shall be available to carry out section
502(e) of title 23, United States Code (relating to
long-term pavement performance);
(B) not to exceed $2,000,000 for each of fiscal
years 1998 through 2003 shall be available to carry out
section 502(f) of such title (relating to seismic
research), of which not to exceed $2,500,000 may be used
to upgrade earthquake simulation facilities as required
to carry out the program;
(C) $500,000 for each of fiscal years 1998 through
2003 shall be available to carry out section 506 of such
title (relating to international outreach); and
(D) $5,000,000 for each of fiscal years 1998 through
2003 to carry out research on improved methods of using
concrete pavement in the construction, reconstruction,
and repair of Federal-aid highways.
[[Page 112 STAT. 421]]
(2) Technology deployment.--Of the amounts made available
under subsection (a)(2)--
(A) $1,000,000 for each of fiscal years 1998 through
2003 shall be available to carry out section
503(b)(3)(A)(i) of title 23, United States Code
(relating to research development technology transfer
activities); and
(B) $10,000,000 for fiscal year 1998, $15,000,000
for fiscal year 1999, $17,000,000 for fiscal year 2000,
and $20,000,000 for each of fiscal years 2001 through
2003 shall be available to carry out section
503(b)(3)(A)(ii) of such title (relating to repair,
rehabilitation, and construction).
(3) Training and education.--Of the amounts made available
under subsection (a)(3)--
(A) $5,000,000 for fiscal year 1998, $6,000,000 for
fiscal year 1999, $6,000,000 for fiscal year 2000,
$7,000,000 for fiscal year 2001, $7,000,000 for fiscal
year 2002, and $8,000,000 for fiscal year 2003 shall be
available to carry out section 504(a) of title 23,
United States Code (relating to the National Highway
Institute);
(B) $7,000,000 for fiscal year 1998, $7,000,000 for
fiscal year 1999, $8,000,000 for fiscal year 2000,
$9,000,000 for fiscal year 2001, $10,000,000 for fiscal
year 2002, and $10,000,000 for fiscal year 2003 shall be
available to carry out section 504(b) of such title
(relating to local technical assistance); and
(C) $2,000,000 for each of fiscal years 1998 through
2003 shall be available to carry out section 504(c)(2)
of such title (relating to the Eisenhower Transportation
Fellowship Program).
(4) ITS deployment.--Of the amounts made available under
subsection (a)(6)--
(A) $74,000,000 for fiscal year 1998, $75,000,000
for fiscal year 1999, $80,000,000 for fiscal year 2000,
$83,000,000 for fiscal year 2001, $85,000,000 for fiscal
year 2002, and $85,000,000 for fiscal year 2003 shall be
available to carry out section 5208 of this Act
(relating to Intelligent Transportation Systems
integration); and
(B) $25,500,000 for fiscal year 1998, $27,200,000
for fiscal year 1999, $30,200,000 for fiscal year 2000,
$32,200,000 for fiscal year 2001, $33,500,000 for fiscal
year 2002, and $35,500,000 for fiscal year 2003 shall be
available to carry out section 5209 of this Act
(relating to commercial vehicle infrastructure).
(d) Transfers of Funds.--The Secretary may transfer not to exceed 10
percent of the amounts allocated in a fiscal year under a subparagraph
in each of paragraphs (1) through (4) of subsection (c) to the amounts
allocated under any other subparagraph in the paragraph.
SEC. 5002. OBLIGATION CEILING.
Notwithstanding any other provision of law, the total of all
obligations from amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) by section 5001(a) of this Act
shall not exceed $403,150,000 for fiscal year 1998, $409,150,000 for
fiscal year 1999, $427,950,000 for fiscal year 2000,
[[Page 112 STAT. 422]]
$442,750,000 for fiscal year 2001, $453,000,000 for fiscal year 2002,
and $468,000,000 for fiscal year 2003.
SEC. 5003. NOTICE. <<NOTE: 49 USC 102 note.>>
(a) Notice of Reprogramming.--If any funds authorized for carrying
out this title or the amendments made by this title are subject to a
reprogramming action that requires notice to be provided to the
Committees on Appropriations of the House of Representatives and the
Senate, notice of such action shall concurrently be provided to the
Committee on Transportation and Infrastructure and the Committee on
Science of the House of Representatives and the Committee on Environment
and Public Works of the Senate.
(b) Notice of Reorganization.--On or before the 15th day preceding
the date of any major reorganization of a program, project, or activity
of the Department of Transportation for which funds are authorized by
this title or the amendments made by this title, the Secretary shall
provide notice of such reorganization to the Committee on Transportation
and Infrastructure and the Committee on Science of the House of
Representatives and the Committee on Environment and Public Works of the
Senate.
Subtitle B--Research and Technology
SEC. 5101. RESEARCH AND TECHNOLOGY PROGRAM.
Title 23, United States Code, is amended--
(1) in the table of chapters by adding at the end the
following:
``5. Research and Technology......................................501'';
and
(2) by adding at the end the following:
``CHAPTER 5--RESEARCH AND TECHNOLOGY
``Sec.
``501. Definitions.
``502. Surface transportation research.
``503. Technology deployment program.
``504. Training and education.
``505. State planning and research.
``506. International highway transportation outreach program.
``507. Surface transportation-environment cooperative research program.
``508. Surface transportation research strategic planning.
``Sec. 501. Definitions
``In this chapter, the following definitions apply:
``(1) Federal laboratory.--The term `Federal laboratory'
includes a Government-owned, Government-operated laboratory and
a Government-owned, contractor-operated laboratory.
``(2) Safety.--The term `safety' includes highway and
traffic safety systems, research, and development relating to
vehicle, highway, driver, passenger, bicyclist, and pedestrian
characteristics, accident investigations, communications,
emergency medical care, and transportation of the injured.''.
SEC. 5102. SURFACE TRANSPORTATION RESEARCH.
Chapter 5 of title 23, United States Code (as added by section 5101
of this title), is amended by adding at the end the following:
[[Page 112 STAT. 423]]
``Sec. 502. Surface transportation research
``(a) General Authority.--
``(1) Research, development, and technology transfer
activities.--The Secretary may carry out research, development,
and technology transfer activities with respect to--
``(A) motor carrier transportation;
``(B) all phases of transportation planning and
development (including construction, operation,
modernization, development, design, maintenance, safety,
financing, and traffic conditions); and
``(C) the effect of State laws on the activities
described in subparagraphs (A) and (B).
``(2) Tests and development.--The Secretary may test,
develop, or assist in testing and developing any material,
invention, patented article, or process.
``(3) Cooperation, grants, and contracts.--The Secretary may
carry out this section--
``(A) independently;
``(B) in cooperation with other Federal departments,
agencies, and instrumentalities and Federal
laboratories; or
``(C) by making grants to, or entering into
contracts, cooperative agreements, and other
transactions with, the National Academy of Sciences, the
American Association of State Highway and Transportation
Officials, or any Federal laboratory, State agency,
authority, association, institution, for-profit or
nonprofit corporation, organization, foreign country, or
person.
``(4) Technological innovation.--The programs and activities
carried out under this section shall be consistent with the
surface transportation research and technology development
strategic plan developed under section 508.
``(5) Funds.--
``(A) Special account.--In addition to other funds
made available to carry out this section, the Secretary
shall use such funds as may be deposited by any
cooperating organization or person in a special account
of the Treasury established for this purpose.
``(B) Use of funds.--The Secretary shall use funds
made available to carry out this section to develop,
administer, communicate, and promote the use of products
of research, development, and technology transfer
programs under this section.
``(b) Collaborative Research and Development.--
``(1) In general.--To encourage innovative solutions to
surface transportation problems and stimulate the deployment of
new technology, the Secretary may carry out, on a cost-shared
basis, collaborative research and development with--
``(A) non-Federal entities, including State and
local governments, foreign governments, colleges and
universities, corporations, institutions, partnerships,
sole proprietorships, and trade associations that are
incorporated or established under the laws of any State;
and
``(B) Federal laboratories.
``(2) Agreements.--In carrying out this subsection, the
Secretary may enter into cooperative research and development
[[Page 112 STAT. 424]]
agreements (as defined in section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a)).
``(3) Federal share.--
``(A) In general.--The Federal share of the cost of
activities carried out under a cooperative research and
development agreement entered into under this subsection
shall not exceed 50 percent, except that if there is
substantial public interest or benefit, the Secretary
may approve a greater Federal share.
``(B) Non-federal share.--All costs directly
incurred by the non-Federal partners, including
personnel, travel, and hardware development costs, shall
be credited toward the non-Federal share of the cost of
the activities described in subparagraph (A).
``(4) Use of technology.--The research, development, or use
of a technology under a cooperative research and development
agreement entered into under this subsection, including the
terms under which the technology may be licensed and the
resulting royalties may be distributed, shall be subject to the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3701 et seq.).
``(5) Waiver of advertising requirements.--Section 3709 of
the Revised Statutes (41 U.S.C. 5) shall not apply to a contract
or agreement entered into under this chapter.
``(c) Contents of Research Program.--The Secretary shall include in
surface transportation research, technology development, and technology
transfer programs carried out under this title coordinated activities in
the following areas:
``(1) Development, use, and dissemination of indicators,
including appropriate computer programs for collecting and
analyzing data on the status of infrastructure facilities, to
measure the performance of the surface transportation systems of
the United States, including productivity, efficiency, energy
use, air quality, congestion, safety, maintenance, and other
factors that reflect system performance.
``(2) Methods, materials, and testing to improve the
durability of surface transportation infrastructure facilities
and extend the life of bridge structures, including--
``(A) new and innovative technologies to reduce
corrosion;
``(B) tests simulating seismic activity, vibration,
and weather; and
``(C) the use of innovative recycled materials.
``(3) Technologies and practices that reduce costs and
minimize disruptions associated with the construction,
rehabilitation, and maintenance of surface transportation
systems, including responses to natural disasters.
``(4) Development of nondestructive evaluation equipment for
use with existing infrastructure facilities and with next-
generation infrastructure facilities that use advanced
materials.
``(5) Dynamic simulation models of surface transportation
systems for--
``(A) predicting capacity, safety, and
infrastructure durability problems;
``(B) evaluating planned research projects; and
``(C) testing the strengths and weaknesses of
proposed revisions to surface transportation operations
programs.
[[Page 112 STAT. 425]]
``(6) Economic highway geometrics, structures, and desirable
weight and size standards for vehicles using the public highways
and the feasibility of uniformity in State regulations with
respect to such standards.
``(7) Telecommuting and the linkages between transportation,
information technology, and community development and the impact
of technological change and economic restructuring on travel
demand.
``(8) Expansion of knowledge of implementing life cycle cost
analysis, including--
``(A) establishing the appropriate analysis period
and discount rates;
``(B) learning how to value and properly consider
use costs;
``(C) determining tradeoffs between reconstruction
and rehabilitation; and
``(D) establishing methodologies for balancing
higher initial costs of new technologies and improved or
advanced materials against lower maintenance costs.
``(9) Standardized estimates, to be developed in conjunction
with the National Institute of Standards and Technology and
other appropriate organizations, of useful life under various
conditions for advanced materials of use in surface
transportation.
``(10) Evaluation of traffic calming measures that promote
community preservation, transportation mode choice, and safety.
``(11) Development and implementation of safety-enhancing
equipment, including unobtrusive eyetracking technology.
``(d) Advanced Research.--
``(1) In general.--The Secretary shall establish an advanced
research program, consistent with the surface transportation
research and technology development strategic plan developed
under section 508, that addresses longer-term, higher-risk
research that shows potential benefits for improving the
durability, efficiency, environmental impact, productivity, and
safety (including bicycle and pedestrian safety) of highway and
intermodal transportation systems. In carrying out the program,
the Secretary shall strive to develop partnerships with the
public and private sectors.
``(2) Research areas.--In carrying out the program, the
Secretary may make grants and enter into cooperative agreements
and contracts in such areas as the Secretary determines
appropriate, including the following:
``(A) Characterization of materials used in highway
infrastructure, including analytical techniques,
microstructure modeling, and the deterioration
processes.
``(B) Diagnostics for evaluation of the condition of
bridge and pavement structures to enable the assessment
of risks of failure, including from seismic activity,
vibration, and weather.
``(C) Design and construction details for composite
structures.
``(D) Safety technology-based problems in the areas
of pedestrian and bicycle safety, roadside hazards, and
composite materials for roadside safety hardware.
[[Page 112 STAT. 426]]
``(E) Environmental research, including particulate
matter source apportionment and model development.
``(F) Data acquisition techniques for system
condition and performance monitoring.
``(G) Human factors, including prediction of the
response of travelers to new technologies.
``(e) Long-Term Pavement Performance Program.--
``(1) Authority.--The Secretary shall complete the long-term
pavement performance program tests initiated under the strategic
highway research program established under section 307(d) (as in
effect on the day before the date of enactment of this section)
and continued by the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1914 et seq.) through the
midpoint of a planned 20-year life of the long-term pavement
performance program.
``(2) Grants, cooperative agreements, and contracts.--Under
the program, the Secretary shall make grants and enter into
cooperative agreements and contracts to--
``(A) monitor, material-test, and evaluate highway
test sections in existence as of the date of the grant,
agreement, or contract;
``(B) analyze the data obtained in carrying out
subparagraph (A); and
``(C) prepare products to fulfill program objectives
and meet future pavement technology needs.
``(f) Seismic Research Program.--
``(1) Establishment.--The Secretary shall establish a
program to study the vulnerability of the Federal-aid highway
system and other surface transportation systems to seismic
activity and to develop and implement cost-effective methods to
reduce such vulnerability.
``(2) Cooperation with national center for earthquake
engineering research.--The Secretary shall conduct the program
in cooperation with the National Center for Earthquake
Engineering Research at the University of Buffalo.
``(3) Cooperation with agencies participating in national
earthquake hazards reduction program.--The Secretary shall
conduct the program in consultation and cooperation with Federal
departments and agencies participating in the National
Earthquake Hazards Reduction Program established by section 5 of
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7704)
and shall take such actions as may be necessary to ensure that
the program is consistent with--
``(A) planning and coordination activities of the
Director of the Federal Emergency Management Agency
under section 5(b)(1) of such Act (42 U.S.C.
7704(b)(1)); and
``(B) the plan developed by the Director of the
Federal Emergency Management Agency under section 8(b)
of such Act (42 U.S.C. 7705b(b)).
``(g) Infrastructure Investment Needs Report.--
``(1) In general.--Not later than January 31, 1999, and
January 31 of every second year thereafter, the Secretary shall
report to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives on--
[[Page 112 STAT. 427]]
``(A) estimates of the future highway and bridge
needs of the United States; and
``(B) the backlog of current highway and bridge
needs.
``(2) Comparison with prior reports.--Each report under
paragraph (1) shall provide the means, including all necessary
information, to relate and compare the conditions and service
measures used in the 3 biannual reports published prior to the
date of enactment of the Transportation Equity Act for the 21st
Century.''.
SEC. 5103. TECHNOLOGY DEPLOYMENT.
Chapter 5 of title 23, United States Code (as added by section 5101
of this title), is amended by adding at the end the following:
``Sec. 503. Technology deployment
``(a) Technology Deployment Initiatives and Partnerships Program.--
``(1) Establishment.--The Secretary shall develop and
administer a national technology deployment initiatives and
partnerships program.
``(2) Purpose.--The purpose of the program shall be to
significantly accelerate the adoption of innovative technologies
by the surface transportation community.
``(3) Deployment goals.--
``(A) Establishment.--Not later than 180 days after
the date of enactment of this section, the Secretary
shall establish not more than 5 deployment goals to
carry out paragraph (1).
``(B) Design.--Each of the goals and the program
developed to achieve the goals shall be designed to
provide tangible benefits, with respect to
transportation systems, in the areas of efficiency,
safety, reliability, service life, environmental
protection, and sustainability.
``(C) Strategies for achievement.--For each goal,
the Secretary, in cooperation with representatives of
the transportation community such as States, local
governments, the private sector, and academia, shall use
domestic and international technology to develop
strategies and initiatives to achieve the goal,
including technical assistance in deploying technology
and mechanisms for sharing information among program
participants.
``(4) Integration with other programs.--The Secretary shall
integrate activities carried out under this subsection with the
efforts of the Secretary to disseminate the results of research
sponsored by the Secretary and to facilitate technology
transfer.
``(5) Leveraging of federal resources.--In selecting
projects to be carried out under this subsection, the Secretary
shall give preference to projects that leverage Federal funds
with other significant public or private resources.
``(6) Continuation of shrp partnerships.--Under the program,
the Secretary shall continue the partnerships established
through the strategic highway research program established under
section 307(d) (as in effect on the day before the date of
enactment of this section).
``(7) Grants, cooperative agreements, and contracts.--Under
the program, the Secretary may make grants and enter
[[Page 112 STAT. 428]]
into cooperative agreements and contracts to foster alliances
and support efforts to stimulate advances in transportation
technology, including--
``(A) the testing and evaluation of products of the
strategic highway research program;
``(B) the further development and implementation of
technology in areas such as the Superpave system and the
use of lithium salts and other alternatives to prevent
and mitigate alkali silica reactivity;
``(C) the provision of support for long-term
pavement performance product implementation and
technology access; and
``(D) other activities to achieve the goals
established under paragraph (3).
``(8) Reports.--Not later than 18 months after the date of
enactment of this section, and biennially thereafter, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on
the progress and results of activities carried out under this
section.
``(9) Allocation.--To the extent appropriate to achieve the
goals established under paragraph (3), the Secretary may further
allocate funds made available to carry out this section to
States for their use.
``(b) Innovative Bridge Research and Construction
Program.--
``(1) In general.--The Secretary shall establish and carry
out a program to demonstrate the application of innovative
material technology in the construction of bridges and other
structures.
``(2) Goals.--The goals of the program shall include--
``(A) the development of new, cost-effective
innovative material highway bridge applications;
``(B) the reduction of maintenance costs and life-
cycle costs of bridges, including the costs of new
construction, replacement, or rehabilitation of
deficient bridges;
``(C) the development of construction techniques to
increase safety and reduce construction time and traffic
congestion;
``(D) the development of engineering design criteria
for innovative products and materials for use in highway
bridges and structures;
``(E) the development of cost-effective and
innovative techniques to separate vehicle and pedestrian
traffic from railroad traffic;
``(F) the development of highway bridges and
structures that will withstand natural disasters,
including alternative processes for the seismic retrofit
of bridges; and
``(G) the development of new nondestructive bridge
evaluation technologies and techniques.
``(3) Grants, cooperative agreements, and contracts.--
``(A) In general.--Under the program, the Secretary
shall make grants to, and enter into cooperative
agreements and contracts with--
[[Page 112 STAT. 429]]
``(i) States, other Federal agencies,
universities and colleges, private sector
entities, and nonprofit organizations to pay the
Federal share of the cost of research,
development, and technology transfer concerning
innovative materials; and
``(ii) States to pay the Federal share of the
cost of repair, rehabilitation, replacement, and
new construction of bridges or structures that
demonstrate the application of innovative
materials.
``(B) Applications.--To receive a grant under this
subsection, an entity described in subparagraph (A)
shall submit an application to the Secretary. The
application shall be in such form and contain such
information as the Secretary may require. The Secretary
shall select and approve the applications based on
whether the project that is the subject of the grant
meets the goals of the program described in paragraph
(2).
``(4) Technology and information transfer.--The Secretary
shall take such action as is necessary to ensure that the
information and technology resulting from research conducted
under paragraph (3) is made available to State and local
transportation departments and other interested parties as
specified by the Secretary.
``(5) Federal share.--The Federal share of the cost of a
project under this section shall be determined by the
Secretary.''.
SEC. 5104. TRAINING AND EDUCATION.
Chapter 5 of title 23, United States Code (as added by section 5101
of this title), is amended by adding at the end the following:
``Sec. 504. Training and education
``(a) National Highway Institute.--
``(1) In general.--The Secretary shall operate in the
Federal Highway Administration a National Highway Institute (in
this subsection referred to as the `Institute'). The Secretary
shall administer, through the Institute, the authority vested in
the Secretary by this title or by any other law for the
development and conduct of education and training programs
relating to highways.
``(2) Duties of the institute.--In cooperation with State
transportation departments, United States industry, and any
national or international entity, the Institute shall develop
and administer education and training programs of instruction
for--
``(A) Federal Highway Administration, State, and
local transportation agency employees;
``(B) regional, State, and metropolitan planning
organizations;
``(C) State and local police, public safety, and
motor vehicle employees; and
``(D) United States citizens and foreign nationals
engaged or to be engaged in surface transportation work
of interest to the United States.
[[Page 112 STAT. 430]]
``(3) Courses.--The Institute may develop and administer
courses in modern developments, techniques, methods,
regulations, management, and procedures relating to surface
transportation, environmental mitigation and compliance,
acquisition of rights-of-way, relocation assistance,
engineering, safety, construction, maintenance and operations,
contract administration, motor carrier safety activities,
inspection, and highway finance.
``(4) Set-aside; federal share.--Not to exceed \1/2\ of 1
percent of the funds apportioned to a State under section
104(b)(3) for the surface transportation program shall be
available for expenditure by the State transportation department
for the payment of not to exceed 80 percent of the cost of
tuition and direct educational expenses (excluding salaries) in
connection with the education and training of employees of State
and local transportation agencies in accordance with this
subsection.
``(5) Federal responsibility.--
``(A) In general.--Except as provided in
subparagraph (B), education and training of employees of
Federal, State, and local transportation (including
highway) agencies authorized under this subsection may
be provided--
``(i) by the Secretary at no cost to the
States and local governments if the Secretary
determines that provision at no cost is in the
public interest; or
``(ii) by the State through grants,
cooperative agreements, and contracts with public
and private agencies, institutions, individuals,
and the Institute.
``(B) Payment of full cost by private persons.--
Private agencies, international or foreign entities, and
individuals shall pay the full cost of any education and
training received by them unless the Secretary
determines that a lower cost is of critical importance
to the public interest.
``(6) Training fellowships; cooperation.--The Institute
may--
``(A) engage in training activities authorized under
this subsection, including the granting of training
fellowships; and
``(B) carry out its authority independently or in
cooperation with any other branch of the Federal
Government or any State agency, authority, association,
institution, for-profit or nonprofit corporation, other
national or international entity, or other person.
``(7) Collection of fees.--
``(A) General rule.--In accordance with this
subsection, the Institute may assess and collect fees
solely to defray the costs of the Institute in
developing or administering education and training
programs under this subsection.
``(B) Limitation.--Fees may be assessed and
collected under this subsection only in a manner that
may reasonably be expected to result in the collection
of fees during any fiscal year in an aggregate amount
that does not exceed the aggregate amount of the costs
referred to in subparagraph (A) for the fiscal year.
[[Page 112 STAT. 431]]
``(C) Persons subject to fees.--Fees may be assessed
and collected under this subsection only with respect
to--
``(i) persons and entities for whom education
or training programs are developed or administered
under this subsection; and
``(ii) persons and entities to whom education
or training is provided under this subsection.
``(D) Amount of fees.--The fees assessed and
collected under this subsection shall be established in
a manner that ensures that the liability of any person
or entity for a fee is reasonably based on the
proportion of the costs referred to in subparagraph (A)
that relate to the person or entity.
``(E) Use.--All fees collected under this subsection
shall be used to defray costs associated with the
development or administration of education and training
programs authorized under this subsection.
``(8) Relation to fees.--The funds made available to carry
out this subsection may be combined with or held separate from
the fees collected under paragraph (7).
``(b) Local Technical Assistance Program.--
``(1) Authority.--The Secretary shall carry out a local
technical assistance program that will provide access to surface
transportation technology to--
``(A) highway and transportation agencies in
urbanized areas with populations of between 50,000 and
1,000,000 individuals;
``(B) highway and transportation agencies in rural
areas; and
``(C) contractors that do work for the agencies.
``(2) Grants, cooperative agreements, and contracts.--The
Secretary may make grants and enter into cooperative agreements
and contracts to provide education and training, technical
assistance, and related support services to--
``(A) assist rural, local transportation agencies
and tribal governments, and the consultants and
construction personnel working for the agencies and
governments, to--
``(i) develop and expand their expertise in
road and transportation areas (including pavement,
bridge, concrete structures, safety management
systems, and traffic safety countermeasures);
``(ii) improve roads and bridges;
``(iii) enhance--
``(I) programs for the movement of
passengers and freight; and
``(II) intergovernmental
transportation planning and project
selection; and
``(iv) deal effectively with special
transportation-related problems by preparing and
providing training packages, manuals, guidelines,
and technical resource materials;
``(B) develop technical assistance for tourism and
recreational travel;
``(C) identify, package, and deliver transportation
technology and traffic safety information to local
jurisdictions to assist urban transportation agencies in
developing and
[[Page 112 STAT. 432]]
expanding their ability to deal effectively with
transportation-related problems;
``(D) operate, in cooperation with State
transportation departments and universities--
``(i) local technical assistance program
centers designated to provide transportation
technology transfer services to rural areas and to
urbanized areas with populations of between 50,000
and 1,000,000 individuals; and
``(ii) local technical assistance program
centers designated to provide transportation
technical assistance to Indian tribal governments;
and
``(E) allow local transportation agencies and tribal
governments, in cooperation with the private sector, to
enhance new technology implementation.
``(c) Research Fellowships.--
``(1) General authority.--The Secretary, acting either
independently or in cooperation with other Federal departments,
agencies, and instrumentalities, may make grants for research
fellowships for any purpose for which research is authorized by
this chapter.
``(2) Dwight david eisenhower transportation fellowship
program.--The Secretary shall establish and implement a
transportation research fellowship program for the purpose of
attracting qualified students to the field of transportation.
The program shall be known as the `Dwight David Eisenhower
Transportation Fellowship Program'.''.
SEC. 5105. STATE PLANNING AND RESEARCH.
Chapter 5 of title 23, United States Code (as added by section 5101
of this title), is amended by adding at the end the following:
``Sec. 505. State planning and research
``(a) General Rule.--Two percent of the sums apportioned to a State
for fiscal year 1998 and each fiscal year thereafter under section 104
(other than sections 104(f) and 104(h)) and under section 144 shall be
available for expenditure by the State, in consultation with the
Secretary, only for the following purposes:
``(1) Engineering and economic surveys and investigations.
``(2) The planning of future highway programs and local
public transportation systems and the planning of the financing
of such programs and systems, including metropolitan and
statewide planning under sections 134 and 135.
``(3) Development and implementation of management systems
under section 303.
``(4) Studies of the economy, safety, and convenience of
surface transportation systems and the desirable regulation and
equitable taxation of such systems.
``(5) Research, development, and technology transfer
activities necessary in connection with the planning, design,
construction, management, and maintenance of highway, public
transportation, and intermodal transportation systems.
``(6) Study, research, and training on the engineering
standards and construction materials for transportation systems
described in paragraph (5), including the evaluation and
accreditation of inspection and testing and the regulation and
taxation of their use.
[[Page 112 STAT. 433]]
``(b) Minimum Expenditures on Research, Development, and Technology
Transfer Activities.--
``(1) In general.--Subject to paragraph (2), not less than
25 percent of the funds subject to subsection (a) that are
apportioned to a State for a fiscal year shall be expended by
the State for research, development, and technology transfer
activities described in subsection (a), relating to highway,
public transportation, and intermodal transportation systems.
``(2) Waivers.--The Secretary may waive the application of
paragraph (1) with respect to a State for a fiscal year if the
State certifies to the Secretary for the fiscal year that total
expenditures by the State for transportation planning under
sections 134 and 135 will exceed 75 percent of the funds
described in paragraph (1) and the Secretary accepts such
certification.
``(3) Nonapplicability of assessment.--Funds expended under
paragraph (1) shall not be considered to be part of the
extramural budget of the agency for the purpose of section 9 of
the Small Business Act (15 U.S.C. 638).
``(c) Federal Share.--The Federal share of the cost of a project
carried out using funds subject to subsection (a) shall be 80 percent
unless the Secretary determines that the interests of the Federal-aid
highway program would be best served by decreasing or eliminating the
non-Federal share.
``(d) Administration of Sums.--Funds subject to subsection (a) shall
be combined and administered by the Secretary as a single fund and shall
be available for obligation for the same period as funds apportioned
under section 104(b)(1).''.
SEC. 5106. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH PROGRAM.
Chapter 5 of title 23, United States Code (as added by section 5101
of this title), is amended by adding at the end the following:
``Sec. 506. International highway transportation outreach program
``(a) Establishment.--The Secretary may establish an international
highway transportation outreach program--
``(1) to inform the United States highway community of
technological innovations in foreign countries that could
significantly improve highway transportation in the United
States;
``(2) to promote United States highway transportation
expertise, goods, and services in foreign countries; and
``(3) to increase transfers of United States highway
transportation technology to foreign countries.
``(b) Activities.--Activities carried out under the program may
include--
``(1) development, monitoring, assessment, and dissemination
in the United States of information about highway transportation
innovations in foreign countries that could significantly
improve highway transportation in the United States;
``(2) research, development, demonstration, training, and
other forms of technology transfer and exchange;
``(3) informing foreign countries about the technical
quality of United States highway transportation goods and
services
[[Page 112 STAT. 434]]
through participation in trade shows, seminars, expositions, and
other such activities;
``(4) offering technical services of the Federal Highway
Administration that cannot be readily obtained from United
States private sector firms to be incorporated into the
proposals of United States private sector firms undertaking
highway transportation projects outside the United States if the
costs of such services will be recovered under the terms of the
project;
``(5) conducting studies to assess the need for or
feasibility of highway transportation improvements in countries
that are not members of the Organization for Economic
Cooperation and Development, as of December 18, 1991, and in
Greece and Turkey; and
``(6) gathering and disseminating information on foreign
transportation markets and industries.
``(c) Cooperation.--The Secretary may carry out this section in
cooperation with any appropriate Federal agency, State or local agency,
authority, association, institution, corporation (profit or nonprofit),
foreign government, multinational institution, or other organization or
person.
``(d) Funds.--
``(1) Contributions.--Funds available to carry out this
section shall include funds deposited by any cooperating
organization or person into a special account of the Treasury
established for this purpose.
``(2) Eligible uses of funds.--The funds deposited into the
account and other funds available to carry out this section
shall be available to cover the cost of any activity eligible
under this section, including the cost of promotional materials,
travel, reception and representation expenses, and salaries and
benefits.
``(3) Reimbursements for salaries and benefits.--
Reimbursements for salaries and benefits of Department of
Transportation employees providing services under this section
shall be credited to the account.
``(e) Eligible Use of State Planning and Research Funds.--A State,
in coordination with the Secretary, may obligate funds made available to
carry out section 505 for any activity authorized under subsection
(a).''.
SEC. 5107. SURFACE TRANSPORTATION-ENVIRONMENT COOPERATIVE RESEARCH
PROGRAM.
Chapter 5 of title 23, United States Code (as added by section 5101
of this title), is amended by adding at the end the following:
``Sec. 507. Surface transportation-environment cooperative research
program
``(a) In General.--The Secretary shall establish and carry out a
surface transportation-environment cooperative research program.
``(b) Contents.--The program to be carried out under this section
shall include research designed--
``(1) to develop more accurate models for evaluating
transportation control measures and transportation system
designs that are appropriate for use by State and local
governments, including metropolitan planning organizations, in
designing implementation plans to meet Federal, State, and local
environmental requirements;
[[Page 112 STAT. 435]]
``(2) to improve understanding of the factors that
contribute to the demand for transportation, including
transportation system design, demographic change, land use
planning, and communications and other information technologies;
``(3) to develop indicators of economic, social, and
environmental performance of transportation systems to
facilitate analysis of potential alternatives;
``(4) to study the relationship between highway density and
ecosystem integrity, including the impacts of highway density on
habitat integrity and overall ecosystem health, and develop a
rapid assessment methodology for use by transportation and
regulatory agencies in determining the relationship between
highway density and ecosystem integrity; and
``(5) to meet additional priorities as determined by the
advisory board established under subsection (c), including
recommendations of the National Research Council in the report
entitled `Environmental Research Needs in Transportation'.
``(c) Advisory Board.--
``(1) Establishment.--In consultation with the Secretary of
Energy, the Administrator of the Environmental Protection
Agency, and the heads of other appropriate Federal departments
and agencies, the Secretary shall establish an advisory board to
recommend environmental and energy conservation research,
technology, and technology transfer activities related to
surface transportation.
``(2) Membership.--The advisory board shall include--
``(A) representatives of State transportation and
environmental agencies;
``(B) transportation and environmental scientists
and engineers; and
``(C) representatives of metropolitan planning
organizations, transit operating agencies, and
environmental organizations.
``(d) National Academy of Sciences.--The Secretary may make grants
to, and enter into cooperative agreements with, the National Academy of
Sciences to carry out such activities relating to the research,
technology, and technology transfer activities described in subsection
(b) as the Secretary determines appropriate.''.
SEC. 5108. SURFACE TRANSPORTATION RESEARCH STRATEGIC PLANNING.
Chapter 5 of title 23, United States Code (as added by section 5101
of this title), is amended by adding at the end the following:
``Sec. 508. Surface transportation research strategic planning
``(a) In General.--The Secretary shall--
``(1) establish a strategic planning process, consistent
with section 306 of title 5 for the Department of Transportation
to determine national transportation research and technology
development priorities related to surface transportation;
``(2) coordinate Federal surface transportation research and
technology development activities;
``(3) measure the results of those activities and how they
impact the performance of the surface transportation systems of
the United States; and
[[Page 112 STAT. 436]]
``(4) ensure that planning and reporting activities carried
out under this section are coordinated with all other surface
transportation planning and reporting requirements.
``(b) Implementation.--The Secretary shall--
``(1) provide for the integrated planning, coordination, and
consultation among the operating administrations of the
Department of Transportation, all other Federal agencies with
responsibility for surface transportation research and
technology development, State and local governments,
institutions of higher education, industry, and other private
and public sector organizations engaged in surface
transportation-related research and development activities;
``(2) ensure that the surface transportation research and
technology development programs of the Department do not
duplicate other Federal, State, or private sector research and
development programs; and
``(3) provide for independent validation of the scientific
and technical assumptions underlying the surface transportation
research and technology development programs of the Department.
``(c) Surface Transportation Research and Technology Development
Strategic Plan.--
``(1) Development.--The Secretary shall develop an
integrated surface transportation research and technology
development strategic plan.
``(2) Contents.--The plan shall include--
``(A) an identification of the general goals and
objectives of the Department of Transportation for
surface transportation research and development;
``(B) a description of the roles of the Department
and other Federal agencies in achieving the goals
identified under subparagraph (A), in order to avoid
unnecessary duplication of effort;
``(C) a description of the overall strategy of the
Department, and the role of each of the operating
administrations of the Department, in carrying out the
plan over the next 5 years, including a description of
procedures for coordination of the efforts of the
Secretary with the efforts of the operating
administrations of the Department and other Federal
agencies;
``(D) an assessment of how State and local research
and technology development activities are contributing
to the achievement of the goals identified under
subparagraph (A);
``(E) details of the surface transportation research
and technology development programs of the Department,
including performance goals, resources needed to achieve
those goals, and performance indicators as described in
section 1115(a) of title 31, United States Code, for the
next 5 years for each area of research and technology
development;
``(F) significant comments on the plan obtained from
outside sources; and
``(G) responses to significant comments obtained
from the National Research Council and other advisory
bodies, and a description of any corrective actions
taken pursuant to such comments.
[[Page 112 STAT. 437]]
``(3) National research council review.--
The <<NOTE: Contracts.>> Secretary shall enter into an agreement
for the review by the National Research Council of the details
of each--
``(A) strategic plan or revision required under
section 306 of title 5;
``(B) performance plan required under section 1115
of title 31; and
``(C) program performance report required under
section 1116,
with respect to surface transportation research and technology
development.
``(4) Performance plans and reports.--In reports submitted
under sections 1115 and 1116 of title 31, the Secretary shall
include--
``(A) a summary of the results for the previous
fiscal year of surface transportation research and
technology development programs to which the Department
of Transportation contributes, along with--
``(i) an analysis of the relationship between
those results and the goals identified under
paragraph (2)(A); and
``(ii) a description of the methodology used
for assessing the results; and
``(B) a description of significant surface
transportation research and technology development
initiatives, if any, undertaken during the previous
fiscal year that were not in the plan developed under
paragraph (1), and any significant changes in the plan
from the previous year's plan.
``(d) Merit Review and Performance Measurement.--
<<NOTE: Reports.>> Not later than 1 year after the date of enactment of
this section, the Secretary shall transmit to Congress a report
describing competitive merit review procedures for use in selecting
grantees and contractors in the programs covered by the plan developed
under subsection (c) and performance measurement procedures for
evaluating the programs.
``(e) Procurement Procedures.--The Secretary shall--
``(1) develop model procurement procedures that encourage
the use of advanced technologies; and
``(2) develop model transactions for carrying out and
coordinating Federal and State surface transportation research
and technology development activities.
``(f) Consistency With Government Performance and Results Act of
1993.--The plans and reports developed under this section shall be
consistent with and incorporated as part of the plans developed under
section 306 of title 5 and sections 1115 and 1116 of title 31.''.
SEC. 5109. BUREAU OF TRANSPORTATION STATISTICS.
(a) In General.--Section 111 of title 49, United States Code, is
amended--
(1) in subsection (b)(4) by striking the second sentence;
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (J) by striking ``and'' at
the end;
(ii) in subparagraph (K) by striking the
period at the end and inserting ``; and''; and
[[Page 112 STAT. 438]]
(iii) by adding at the end the following:
``(L) transportation-related variables that
influence global competitiveness.'';
(B) in paragraph (2)--
(i) in the first sentence by striking
``national transportation system'' and inserting
``transportation systems of the United States'';
(ii) by striking subparagraph (A) and
inserting the following:
``(A) be coordinated with efforts to measure outputs
and outcomes of the Department of Transportation and the
transportation systems of the United States under the
Government Performance and Results Act of 1993 (107
Stat. 285 et seq.) and the amendments made by such
Act;''; and
(iii) in subparagraph (C) by inserting ``,
made relevant to the States and metropolitan
planning organizations,'' after ``accuracy'';
(C) in paragraph (3) by adding at the end the
following: ``The Bureau shall review and report to the
Secretary of Transportation on the sources and
reliability of the statistics proposed by the heads of
the operating administrations of the Department to
measure outputs and outcomes as required by the
Government Performance and Results Act of 1993, and the
amendments made by such Act, and shall carry out such
other reviews of the sources and reliability of other
data collected by the heads of the operating
administrations of the Department as shall be requested
by the Secretary.''; and
(D) by adding at the end the following:
``(7) Supporting transportation decisionmaking.--Ensuring
that the statistics compiled under paragraph (1) are relevant
for transportation decisionmaking by the Federal Government,
State and local governments, transportation-related
associations, private businesses, and consumers.'';
(3) by redesignating subsections (d), (e), and (f) as
subsections (h), (i), and (j), respectively;
(4) by striking subsection (g);
(5) by inserting after subsection (c) the following:
``(d) Intermodal Transportation Data Base.--
``(1) In general.--In consultation with the Associate Deputy
Secretary, the Assistant Secretaries, and the heads of the
operating administrations of the Department of Transportation,
the Director shall establish and maintain a transportation data
base for all modes of transportation.
``(2) Use.--The data base shall be suitable for analyses
carried out by the Federal Government, the States, and
metropolitan planning organizations.
``(3) Contents.--The data base shall include--
``(A) information on the volumes and patterns of
movement of goods, including local, interregional, and
international movement, by all modes of transportation
and intermodal combinations, and by relevant
classification;
[[Page 112 STAT. 439]]
``(B) information on the volumes and patterns of
movement of people, including local, interregional, and
international movements, by all modes of transportation
(including bicycle and pedestrian modes) and intermodal
combinations, and by relevant classification;
``(C) information on the location and connectivity
of transportation facilities and services; and
``(D) a national accounting of expenditures and
capital stocks on each mode of transportation and
intermodal combination.
``(e) National Transportation Library.--
``(1) In general.--The Director shall establish and maintain
a National Transportation Library, which shall contain a
collection of statistical and other information needed for
transportation decisionmaking at the Federal, State, and local
levels.
``(2) Access.--The Director shall facilitate and promote
access to the Library, with the goal of improving the ability of
the transportation community to share information and the
ability of the Director to make statistics readily accessible
under subsection (c)(5).
``(3) Coordination.--The Director shall work with other
transportation libraries and other transportation information
providers, both public and private, to achieve the goal
specified in paragraph (2).
``(f) National Transportation Atlas Data Base.--
``(1) In general.--The Director shall develop and maintain
geospatial data bases that depict--
``(A) transportation networks;
``(B) flows of people, goods, vehicles, and craft
over the networks; and
``(C) social, economic, and environmental conditions
that affect or are affected by the networks.
``(2) Intermodal network analysis.--The data bases shall be
able to support intermodal network analysis.
``(g) Research and Development Grants.--
``(1) In general.--The Secretary may make grants to, or
enter into cooperative agreements or contracts with, public and
nonprofit private entities (including State transportation
departments, metropolitan planning organizations, and
institutions of higher education) for--
``(A) investigation of the subjects specified in
subsection (c)(1) and research and development of new
methods of data collection, management, integration,
dissemination, interpretation, and analysis;
``(B) development of electronic clearinghouses of
transportation data and related information, as part of
the National Transportation Library under subsection
(e); and
``(C) development and improvement of methods for
sharing geographic data, in support of the national
transportation atlas data base under subsection (f) and
the National Spatial Data Infrastructure developed under
Executive Order No. 12906.
``(2) Limitation.--Not more than $500,000 of the amounts
made available to carry out this section in a fiscal year may be
used to carry out this subsection.'';
[[Page 112 STAT. 440]]
(6) by striking subsection (i) (as redesignated by paragraph
(3) of this subsection) and inserting the following:
``(i) Prohibition on Certain Disclosures.--
``(1) In general.--An officer or employee of the Bureau may
not--
``(A) make any disclosure in which the data provided
by an individual or organization under subsection (c)(2)
can be identified;
``(B) use the information provided under subsection
(c)(2) for a nonstatistical purpose; or
``(C) permit anyone other than an individual
authorized by the Director to examine any individual
report provided under subsection (c)(2).
``(2) Prohibition on requests for certain data.--
``(A) Government agencies.--No department, bureau,
agency, officer, or employee of the United States
(except the Director in carrying out this section) may
require, for any reason, a copy of any report that has
been filed under subsection (c)(2) with the Bureau or
retained by an individual respondent.
``(B) Courts.--Any copy of a report described in
subparagraph (A) that has been retained by an individual
respondent or filed with the Bureau or any of its
employees, contractors, or agents--
``(i) shall be immune from legal process; and
``(ii) shall not, without the consent of the
individual concerned, be admitted as evidence or
used for any purpose in any action, suit, or other
judicial or administrative proceeding.
``(C) Applicability.--This paragraph shall apply
only to reports that permit information concerning an
individual or organization to be reasonably inferred by
direct or indirect means.
``(3) Data collected for nonstatistical purposes.--In a case
in which the Bureau is authorized by statute to collect data or
information for a nonstatistical purpose, the Director shall
clearly distinguish the collection of the data or information,
by rule and on the collection instrument, so as to inform a
respondent that is requested or required to supply the data or
information of the nonstatistical purpose.'';
(7) in subsection (j) (as redesignated by paragraph (3) of
this subsection) by striking ``On or before January 1, 1994, and
annually thereafter, the'' and inserting ``The''; and
(8) by adding at the end the following:
``(k) Proceeds of Data Product Sales.--Notwithstanding section 3302
of title 31, United States Code, funds received by the Bureau from the
sale of data products, for necessary expenses incurred, may be credited
to the Highway Trust Fund (other than the Mass Transit Account) for the
purpose of reimbursing the Bureau for the expenses.''.
(b) Conforming Amendments.--Section 5503 of title 49, United States
Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), and (g) as
subsections (d), (e), and (f), respectively.
[[Page 112 STAT. 441]]
SEC. 5110. UNIVERSITY TRANSPORTATION RESEARCH.
(a) In General.--Subchapter I of chapter 55 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 5505. University transportation research
``(a) Regional Centers.--The Secretary of Transportation shall make
grants to nonprofit institutions of higher learning to establish and
operate 1 university transportation center in each of the 10 United
States Government regions that comprise the Standard Federal Regional
Boundary System.
``(b) Other Centers.--The Secretary shall make grants to nonprofit
institutions of higher learning to establish and operate university
transportation centers, in addition to the centers receiving grants
under subsection (a), to address transportation management and research
and development matters, with special attention to increasing the number
of highly skilled individuals entering the field of transportation.
``(c) Selection of Grant Recipients.--
``(1) Applications.--In order to be eligible to receive a
grant under this section, a nonprofit institution of higher
learning shall submit to the Secretary an application that is in
such form and contains such information as the Secretary may
require.
``(2) Selection criteria.--Except as otherwise provided by
this section, the Secretary shall select each recipient of a
grant under this section through a competitive process on the
basis of the following:
``(A) For regional centers, the location of the
center within the Federal region to be served.
``(B) The demonstrated research and extension
resources available to the recipient to carry out this
section.
``(C) The capability of the recipient to provide
leadership in making national and regional contributions
to the solution of immediate and long-range
transportation problems.
``(D) The recipient's establishment of a surface
transportation program encompassing several modes of
transportation.
``(E) The recipient's demonstrated commitment of at
least $200,000 in regularly budgeted institutional
amounts each year to support ongoing transportation
research and education programs.
``(F) The recipient's demonstrated ability to
disseminate results of transportation research and
education programs through a statewide or regionwide
continuing education program.
``(G) The strategic plan the recipient proposes to
carry out under the grant.
``(d) Objectives.--Each university transportation center receiving a
grant under this section shall conduct the following programs and
activities:
``(1) Basic and applied research, the products of which are
judged by peers or other experts in the field to advance the
body of knowledge in transportation.
``(2) An education program that includes multidisciplinary
course work and participation in research.
[[Page 112 STAT. 442]]
``(3) An ongoing program of technology transfer that makes
research results available to potential users in a form that can
be implemented, utilized, or otherwise applied.
``(e) <<NOTE: Contracts.>> Maintenance of Effort.--In order to be
eligible to receive a grant under this section, a recipient shall enter
into an agreement with the Secretary to ensure that the recipient will
maintain total expenditures from all other sources to establish and
operate a university transportation center and related research
activities at a level at least equal to the average level of such
expenditures in its 2 fiscal years prior to award of a grant under this
section.
``(f) Federal Share.--The Federal share of the costs of activities
carried out using a grant made under this section is 50 percent of
costs. The non-Federal share may include funds provided to a recipient
under section 503, 504(b), or 505 of title 23, United States Code.
``(g) Program Coordination.--
``(1) Coordination.--The Secretary shall coordinate the
research, education, training, and technology transfer
activities that grant recipients carry out under this section,
disseminate the results of the research, and establish and
operate a clearinghouse.
``(2) Annual review and evaluation.--At least annually and
consistent with the plan developed under section 5506, the
Secretary shall review and evaluate programs the grant
recipients carry out.
``(3) Funding limitation.--The Secretary may use not more
than 1 percent of amounts made available from Government sources
to carry out this subsection.
``(h) Limitation on Availability of Funds.--Funds made available to
carry out this program shall remain available for obligation for a
period of 2 years after the last day of the fiscal year for which such
funds are authorized.
``(i) Number and Amount of Grants.--
``(1) Fiscal years 1998 and 1999.--For each of fiscal years
1998 and 1999, the Secretary shall make the following grants
under this section:
``(A) Group a.--The Secretary shall make a grant in
the amount of $1,000,000 to each of the institutions in
group A.
``(B) Group b.--The Secretary shall make a grant in
the amount of $300,000 to each of the institutions in
group B.
``(C) Group c.--The Secretary shall make a grant in
the amount of $750,000 to each of the institutions in
group C.
``(D) Group d.--The Secretary shall make a grant in
the amount of $2,000,000 to each of the institutions in
group D.
``(2) Fiscal years 2000 and 2001.--For each of fiscal years
2000 and 2001, the Secretary shall make the following grants
under this section:
``(A) Group a.--The Secretary shall make a grant in
the amount of $1,000,000 to each of the institutions in
group A.
``(B) Group b.--The Secretary shall make a grant in
the amount of $500,000 to 8 of the institutions in group
B.
[[Page 112 STAT. 443]]
``(C) Group c.--The Secretary shall make a grant in
the amount of $750,000 to each of the institutions in
group C.
``(D) Group d.--The Secretary shall make a grant in
the amount of $2,000,000 to each of the institutions in
group D.
``(3) Fiscal years 2002 and 2003.--For each of fiscal years
2002 and 2003, the Secretary shall make the following grants
under this section:
``(A) Group a.--The Secretary shall make a grant in
the amount of $1,000,000 to each of the institutions in
group A.
``(B) Groups b and c.--The Secretary shall make a
grant in the amount of $1,000,000 to 10 of the
institutions in groups B and C that received grants
under this section in fiscal years 2000 and 2001.
``(C) Group d.--The Secretary shall make a grant in
the amount of $2,000,000 to each of the institutions in
group D.
``(j) Identification of Groups.--For the purpose of making grants
under this section, the following groups are identified:
``(1) Group a.--Group A shall consist of the 10 regional
centers selected under subsection (a).
``(2) Group b.--Group B shall consist of the following:
``(A) The University of Denver and Mississippi State
University.
``(B) The University of Central Florida.
``(C) University of Southern California and
California State University at Long Beach.
``(D) Rutgers University.
``(E) University of Missouri at Rolla.
``(F) South Carolina State University.
``(G) Joseph P. Kennedy Science and Technology
Center, Assumption College, Massachusetts.
``(H) Purdue University.
``(3) Group c.--Group C shall consist of the following:
``(A) University of Arkansas.
``(B) New Jersey Institute of Technology.
``(C) University of Idaho.
``(D) The University of Alabama.
``(E) Morgan State University.
``(F) North Carolina State University.
``(G) San Jose State University.
``(H) University of South Florida.
``(I) North Carolina A. and T. State University.
``(4) Group d.--Group D shall consist of the following:
``(A) University of Minnesota.
``(B) Marshall University, West Virginia, on behalf
of a consortium of West Virginia colleges and
universities.
``(C) George Mason University, along with the
University of Virginia and Virginia Tech University.
``(D) Western Transportation Institute.
``(E) Rhode Island Transportation Research Center.
``(F) Northwestern University.''.
[[Page 112 STAT. 444]]
(b) Conforming Amendment.--The table of sections for chapter 55 of
title 49, United States Code, is amended by inserting after the item
relating to section 5504 the following:
``5505. University transportation research.''.
(c) Repeals.--Section 5316 and 5317 of title 49, United States Code,
and the items relating to such sections in the analysis for chapter 53
of such title, are repealed.
SEC. 5111. ADVANCED VEHICLE TECHNOLOGIES PROGRAM.
(a) In General.--Subchapter I of chapter 55 of subtitle I of title
49, United States Code (as amended by section 5110 of this Act), is
amended by adding at the end the following:
``Sec. 5506. Advanced vehicle technologies program
``(a) Purposes.--The Secretary of Transportation, in coordination
with other government agencies and private consortia, shall encourage
and promote the research, development, and deployment of transportation
technologies that will use technological advances in multimodal
vehicles, vehicle components, environmental technologies, and related
infrastructure to remove impediments to an efficient, safe, and cost-
effective national transportation system.
``(b) Definition of Eligible Consortium.--In this section, the term
`eligible consortium' means a consortium that receives funding under the
Department of Defense Appropriations Act, 1993 (Public Law 102-396; 106
Stat. 1876), and that comprises 2 or more of the following entities:
``(1) Businesses incorporated in the United States.
``(2) Public or private educational or research
organizations located in the United States.
``(3) Entities of State or local governments in the United
States.
``(4) Federal laboratories.
``(c) Program.--The <<NOTE: Contracts.>> Secretary shall enter into
contracts, cooperative agreements, and other transactions as authorized
by section 2371 of title 10 with, and make grants to, eligible consortia
to promote the development and deployment of innovation in
transportation technology services, management, and operational
practices.
``(d) Eligibility Criteria.--To be eligible to receive assistance
under this section, an eligible consortium shall--
``(1) for a period of not less than the 3 years preceding
the date of a contract, cooperative agreement, or other
transaction, be organized on a statewide or multistate basis for
the purpose of designing, developing, and deploying
transportation technologies that address identified
technological impediments in the transportation field;
``(2) facilitate the participation in the consortium of
small- and medium-sized businesses, utilities, public
laboratories and universities, and other relevant entities;
``(3) be actively engaged in transportation technology
projects that address compliance in nonattainment areas under
the Clean Air Act (42 U.S.C. 7401 et seq.);
``(4) be designed to use Federal and State funding to
attract private capital in the form of grants or investments to
carry out this section; and
``(5) ensure that at least 50 percent of the funding for the
consortium project will be provided by non-Federal sources.
[[Page 112 STAT. 445]]
``(e) Proposals.--The Secretary shall prescribe such terms and
conditions as the Secretary determines to be appropriate for the content
and structure of proposals submitted for assistance under this section.
``(f) Reporting Requirements.--At least once each year, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report on the projects
undertaken by the eligible consortia and the progress made in advancing
the purposes of this section.
``(g) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated to
carry out this section $50,000,000 for each of fiscal years 1999
through 2003, to remain available until expended.
``(2) Availability.--Notwithstanding section 118(a), funds
made available under paragraph (1) shall not be available in
advance of an annual appropriation.''.
(b) Conforming Amendment.--The analysis for chapter 55 of title 49,
United States Code, is amended by inserting after the item relating to
section 5505 the following:
``5506. Advanced vehicle technologies program.''.
SEC. 5112. <<NOTE: 23 USC 502 note.>> STUDY OF FUTURE STRATEGIC HIGHWAY
RESEARCH PROGRAM.
(a) Study.--Not later than 120 days after
the <<NOTE: Contracts.>> date of enactment of this Act, the Secretary
shall make a grant to, or enter into a cooperative agreement or contract
with, the Transportation Research Board of the National Academy of
Sciences (in this section referred to as the ``Board'') to conduct a
study to determine the goals, purposes, research agenda and projects,
administrative structure, and fiscal needs for a new strategic highway
research program to replace the program established under section 307(d)
(as in effect on the day before the date of enactment of this Act), or a
similar effort.
(b) Consultation.--In conducting the study, the Board shall consult
with the American Association of State Highway and Transportation
Officials and such other entities as the Board determines appropriate to
the conduct of the study.
(c) Report.--Not later than 5 years after making a grant or entering
into a cooperative agreement or contract under subsection (a), the Board
shall submit a final report on the results of the study to the
Secretary, the Committee on Environment and Public Works of the Senate,
and the Committee on Transportation and Infrastructure of the House of
Representatives.
SEC. 5113. <<NOTE: 23 USC 502 note.>> COMMERCIAL REMOTE SENSING
PRODUCTS AND SPATIAL INFORMATION TECHNOLOGIES.
(a) In General.--The Secretary shall establish and carry out a
program to validate commercial remote sensing products and spatial
information technologies for application to national transportation
infrastructure development and construction.
(b) Program Stages.--
(1) First stage.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall establish a national
policy for the use of commercial remote sensing products and
spatial information technologies in national transportation
infrastructure development and construction.
[[Page 112 STAT. 446]]
(2) Second stage.--After establishment of the national
policy under paragraph (1), the Secretary shall develop new
applications of commercial remote sensing products and spatial
information technologies for the implementation of the national
policy.
(c) Cooperation.--The Secretary shall carry out this section in
cooperation with the Commercial Remote Sensing Program of the National
Aeronautics and Space Administration and a consortium of university
research centers.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 1999 through 2004.
SEC. 5114. SENSE OF THE CONGRESS ON THE YEAR 2000 PROBLEM.
With the year 2000 fast approaching, it is the sense of the Congress
that the Secretary should--
(1) give high priority to correcting all 2-digit date-
related problems in computer systems of the Department of
Transportation to ensure that the systems continue to operate
effectively in the year 2000 and thereafter;
(2) assess immediately the extent of the risk to the
operations of the Department of Transportation posed by the
problems referred to in paragraph (1), and plan and budget for
achieving year 2000 compliance for all mission-critical systems
of the Department; and
(3) develop contingency plans for those systems that the
Secretary of Transportation is unable to correct in time.
SEC. 5115. INTERNATIONAL TRADE TRAFFIC. <<NOTE: 49 USC 111 note.>>
(a) Study.--The Director shall carry out a study--
(1) to measure the ton-miles and value-miles of
international trade traffic carried by highway for each State;
(2) to evaluate the accuracy and reliability of such
measures for use in the formula for highway apportionments;
(3) to evaluate the accuracy and reliability of the use of
diesel fuel data as a measure of international trade traffic by
State; and
(4) to identify needed improvements in long-term data
collection programs to provide accurate and reliable measures of
international traffic for use in the formula for highway
apportionments.
(b) Basis for Evaluations.--The study shall evaluate the accuracy
and reliability of measures for use as formula factors based on
statistical quality standards developed by the Bureau in consultation
with the Committee on National Statistics of the National Academy of
Sciences.
(c) Report.--Not later than 3 years after the date of enactment of
this Act, the Director shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the results
of the study carried out under paragraph (1), including recommendations
for changes in law necessary to implement the identified needs for
improvements in long-term data collection programs.
SEC. 5116. UNIVERSITY GRANTS.
(a) Seismic Research, University of California at San Diego.--
[[Page 112 STAT. 447]]
(1) Grants.--The Secretary shall make grants to the
University of California at San Diego to upgrade earthquake
simulation facilities at the University.
(2) Funding.--Of the amounts made available under section
5001(a)(1) of this Act, $1,000,000 for each of fiscal years 1999
through 2002 shall be available to carry out this subsection.
(b) Global Climate Research, University of Alabama at Huntsville.--
(1) Grants.--The Secretary shall make grants to the
University of Alabama at Huntsville for global climate research.
(2) Funding.--Of the amounts made available under section
5001(a)(1) of this Act, $200,000 for each of fiscal years 1999
through 2003 shall be available to carry out this subsection.
(c) Asphalt Research, Auburn University.--
(1) Grants.--The Secretary shall make grants to Auburn
University for asphalt research.
(2) Funding.--Of the amounts made available under section
5001(a)(1) of this Act, $250,000 for each of fiscal years 1999
and 2000 shall be available to carry out this subsection.
(d) Advanced Vehicle Research, University of Alabama at
Tuscaloosa.--
(1) Grants.--The Secretary shall make grants to the
University of Alabama at Tuscaloosa for advanced vehicle
research, including the study of fuel cell and electric vehicle
technology.
(2) Funding.--Of the amounts made available under section
5001(a)(2) of this Act, $400,000 for each of fiscal years 1999
through 2003 shall be available to carry out this subsection.
(e) Geothermal Heat Pump Smart Bridge Program, Oklahoma State
University.--
(1) Grants.--The Secretary shall make grants to Oklahoma
State University for the purposes of research, development, and
field testing of the Geothermal Heat Pump Smart Bridge Program.
(2) Funding.--Of the amounts made available under section
5001(a)(2) of this Act, $1,000,000 for fiscal year 1999,
$1,000,000 for fiscal year 2000, and $500,000 for fiscal year
2001 shall be available to carry out this subsection.
(f) Intelligent Stiffener for Bridge Stress Reduction, University of
Oklahoma.--
(1) Grants.--The Secretary shall make grants to the
University of Oklahoma, College of Engineering, Center for
Structural Control, for the purposes of research, development,
and field testing of the Intelligent Stiffener for Bridge Stress
Reduction.
(2) Funding.--Of the amounts made available under section
5001(a)(2) of this Act, $1,000,000 for fiscal year 1999,
$1,000,000 for fiscal year 2000, $1,000,000 for fiscal year
2001, and $500,000 for fiscal year 2002 shall be available to
carry out this subsection.
(g) Study of Advanced Trauma Care, University of Alabama at
Birmingham.--
[[Page 112 STAT. 448]]
(1) Grants.--The Secretary shall make grants to the
University of Alabama at Birmingham for the study of advanced
trauma care.
(2) Funding.--Of the amounts made available under section
5001(a)(2) of this Act, $750,000 for each of fiscal years 1999
through 2003 shall be available to carry out this subsection.
(h) Center for Transportation Injury Research.--
(1) Grants.--The Secretary shall make grants to establish
and maintain a center for transportation injury research at the
Calspan University of Buffalo Research Center affiliated with
the State University of New York at Buffalo.
(2) Funding.--Of the amounts made available under section
5001(a)(2) of this Act, $2,000,000 for each of fiscal years 1998
through 2003 shall be available to carry out this subsection.
(i) Head and Spinal Cord Injury Research.--
(1) Grants.--The Secretary shall make grants to the
Neuroscience Center for Excellence at Louisiana State University
and the Virginia Transportation Research Institute at George
Washington University for research and technology development
for preventing and minimizing head and spinal cord injuries
relating to automobile accidents.
(2) Funding.--Of the amounts made available under section
5001(a)(2) of this Act, $500,000 for each of fiscal years 1999
through 2003 shall be available to carry out this subsection.
SEC. 5117. <<NOTE: 23 USC 502 note.>> TRANSPORTATION TECHNOLOGY
INNOVATION AND DEMONSTRATION PROGRAM.
(a) In General.--The Secretary shall carry out a transportation
technology innovation and demonstration program in accordance with the
requirements of this section.
(b) Contents of Program.--
(1) Motor vehicle safety warning system.--
(A) In general.--The Secretary shall expand and
continue the study authorized by section 358(c) of the
National Highway System Designation Act of 1995 (23
U.S.C. 401 note; 109 Stat. 625) relating to the
development of a motor vehicle safety warning system and
shall conduct tests of such system.
(B) Grants.--In carrying out this paragraph, the
Secretary may make grants to State and local
governments.
(C) Funding.--Of the amounts made available for each
of fiscal years 1998 through 2000 by section 5001(a)(2)
of this Act, $700,000 per fiscal year shall be available
to carry out this paragraph.
(2) Motor carrier advanced sensor control system.--
(A) In general.--The Secretary shall conduct
research on the deployment of a system of advanced
sensors and signal processors in trucks and tractor
trailers to determine axle and wheel alignment, monitor
collision alarm, check tire pressure and tire balance
conditions, measure and detect load distribution in the
vehicle, and monitor and adjust automatic braking
systems.
(B) Funding.--Of the amounts made available for each
of fiscal years 1998 through 2003 by section 5001(a)(2)
[[Page 112 STAT. 449]]
of this Act, $700,000 per fiscal year shall be available
to carry out this paragraph.
(3) Intelligent transportation infrastructure.--
(A) In general.--The Secretary shall carry out a
program to advance the deployment of an operational
intelligent transportation infrastructure system for the
measurement of various transportation system activities
to aid in the transportation planning and analysis while
making a significant contribution to the ITS program
under this title. This program shall be initiated in the
2 largest metropolitan areas in the Commonwealth of
Pennsylvania. The program may locate its database at the
facility authorized under paragraph (6).
(B) Description.--The program under this section
shall meet the following objectives:
(i) Build an infrastructure of the measurement
of various transportation system metrics to aid in
planning, analysis, and maintenance of the
Department of Transportation, including the
buildout, maintenance, and operation of greater
than 40 metropolitan area systems with a cost not
to exceed $2,000,000 per metropolitan area. For
the purposes of this demonstration initiative, a
metropolitan area is defined as any area that has
a population exceeding 300,000 and that meets
several of the criteria established by the
Secretary in conjunction with the intelligent
vehicle highway systems corridors program.
(ii) Provide private technology
commercialization initiatives to generate revenues
which will be shared with local departments of
transportation.
(iii) Collect data primarily through wireless
transmission along with some shared wide area
networks.
(iv) Aggregate data into reports for
multipoint data distribution techniques.
(v) Utilize an advanced information system
designed and monitored by an entity with
experience with the Department of Transportation
in the design and monitoring of high reliability,
mission critical voice and data systems.
(C) Eligibility.--In addition to the amounts made
available under subparagraph (D), the program authorized
under this paragraph shall be eligible for funding under
sections 5207 and 5208 of this Act.
(D) Funding.--Of the amounts made available for each
of fiscal years 1998 through 2003 by section 5001(a)(2)
of this Act, $1,700,000 per fiscal year shall be
available to carry out this paragraph.
(E) Federal share.--The Federal share of the cost of
a program carried out under this paragraph shall be 80
percent of the cost of such program.
(4) Corrosion control and prevention.--
(A) In general.--The Secretary shall make a grant to
conduct a study on the costs and benefits of corrosion
control and prevention. The study shall be conducted in
conjunction with an interdisciplinary team of experts
from the fields of metallurgy, chemistry, economics, and
others, as appropriate. <<NOTE: Deadline. Reports.>>
Not later than September 30, 2001, the
[[Page 112 STAT. 450]]
Secretary shall submit to Congress a report on the study
results, together with any recommendations.
(B) Funding.--Of the amounts made available for each
of fiscal years 1999 and 2000 by section 5001(a)(1) of
this Act, $500,000 per fiscal year shall be available to
carry out this paragraph.
(5) Fundamental properties of asphalts and modified
asphalts.--
(A) In general.--The Secretary shall continue to
carry out section 6016 of the Intermodal Surface
Transportation Efficiency Act of 1991. Additional areas
of the program under such section shall be asphalt-water
interaction studies and asphalt-aggregate thin film
behavior studies.
(B) Funding.--Of the amounts made available for each
of fiscal years 1999 through 2003 by section 5001(a)(1)
of this Act, $3,000,000 per fiscal year shall be
available to carry out this paragraph.
(6) Advanced Traffic Monitoring and Response
Center.--
(A) In general.--The Secretary shall make grants to
the Pennsylvania Transportation Institute, in
conjunction with the Pennsylvania Turnpike Commission,
to establish an advanced traffic monitoring and
emergency response center at Letterkenny Army Depot in
Chambersburg, Pennsylvania. The center shall help
develop and coordinate traffic monitoring and ITS
systems on portions of the Pennsylvania Turnpike system
and I-81, coordinate emergency response with State and
local governments in the Central Pennsylvania Region and
conduct research on emergency response and prototype
trauma response.
(B) Funding.--
(i) Eligibility under section 5208.--The
center established under this paragraph shall be
eligible for funding under section 5208 of this
Act.
(ii) Allocation.--Of the amounts made
available for each of fiscal years 1998 through
2003 by section 5001(a)(2) of this Act, $1,667,000
per fiscal year shall be available to carry out
this paragraph.
(7) Transportation economic and land use system.--
(A) In general.--The Secretary shall continue
development and deployment through the New Jersey
Institute of Technology to metropolitan planning
organizations of the Transportation Economic and Land
Use System.
(B) Funding.--Of the amounts made available for each
of fiscal years 1998 through 2003 by section 5001(a)(2)
of this Act, $1,000,000 per fiscal year shall be
available to carry out this paragraph.
(8) Recycled materials resource center.--
(A) Establishment.--The Secretary shall establish at
the University of New Hampshire a research program to be
known as the ``Recycled Materials Resource Center''
(referred to in this paragraph as the ``Center'').
(B) Activities.--
(i) In general.--The Center shall--
(I) systematically test, evaluate,
develop appropriate guidelines for, and
demonstrate environmentally acceptable
and occupationally
[[Page 112 STAT. 451]]
safe technologies and techniques for the
increased use of traditional and
nontraditional recycled and secondary
materials in transportation
infrastructure construction and
maintenance;
(II) make information available to
State transportation departments, the
Federal Highway Administration, the
construction industry, and other
interested parties to assist in
evaluating proposals to use traditional
and nontraditional recycled and
secondary materials in transportation
infrastructure construction;
(III) encourage the increased use of
traditional and nontraditional recycled
and secondary materials by using sound
science to analyze thoroughly all
potential long-term considerations that
affect the physical and environmental
performance of the materials; and
(IV) work cooperatively with Federal
and State officials to reduce the
institutional barriers that limit
widespread use of traditional and
nontraditional recycled and secondary
materials and to ensure that such
increased use is consistent with the
sustained environmental and physical
integrity of the infrastructure in which
the materials are used.
(ii) Sites and projects under actual field
conditions.--In carrying out clause (i)(III), the
Secretary may authorize the Center to--
(I) use test sites and demonstration
projects under actual field conditions
to develop appropriate performance data;
and
(II) develop appropriate tests and
guidelines to ensure correct use of
recycled and secondary materials in
transportation infrastructure
construction.
(C) Review and Evaluation.--
(i) In general.--Not less often than every 2
years, the Secretary shall review and evaluate the
program carried out by the Center.
(ii) Notification of deficiencies.--In
carrying out clause (i), if the Secretary
determines that the Center is deficient in
carrying out subparagraph (B), the Secretary shall
notify the Center of each deficiency and recommend
specific measures to address the deficiency.
(iii) Disqualification.--If, after the end of
the 180-day period that begins on the date of
notification to the Center under clause (ii), the
Secretary determines that the Center has not
corrected each deficiency identified under clause
(ii), the Secretary may, after notifying the
Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives of
the determination, disqualify the Center from
further participation under this section.
(D) Funding.--Of the amounts made available for each
of fiscal years 1998 through 2003 by section 5001(a)(1)
[[Page 112 STAT. 452]]
of this Act, $1,500,000 per fiscal year shall be
available to carry out this paragraph.
SEC. 5118. DREXEL UNIVERSITY INTELLIGENT INFRASTRUCTURE INSTITUTE.
(a) In General.--The Secretary, in cooperation with the Commonwealth
of Pennsylvania, shall establish the Intelligent Infrastructure
Institute at Drexel University, Pennsylvania. The Institute shall
conduct research, training, technology transfer, construction,
maintenance, and other activities to advance infrastructure research.
(b) Funding.--The amounts made available by the item numbered 315 in
the table contained in section 1602 of this Act shall be available to
carry out this section.
(c) Authorization.--There is authorized to be appropriated
$10,000,000 to carry out subsection (a).
(d) Facility.--Funds made available to carry out this section may be
used to construct a building to house the Institute.
SEC. 5119. CONFORMING AMENDMENTS.
(a) Section 204(b) of title 23, United States Code, is amended in
the last sentence by striking ``326'' and inserting ``504(b)''.
(b) Sections 307, 321, 325, and 326 of title 23, United States Code,
are repealed.
(c) The analysis for chapter 3 of title 23, United States Code, is
amended by striking the items relating to sections 307, 321, 325, and
326.
(d) Section 115(a)(1)(A)(i) of title 23, United States Code, is
amended by striking ``or 307'' and inserting ``or 505''.
(e) Section 151(d) of title 23, United States Code, is amended by
striking ``section 307(a),'' and inserting ``section 502,''.
(f) Section 106 of Public Law 89-564 (23 U.S.C. 403 note; 80 Stat.
735) is amended in the third sentence by striking ``sections 307 and 403
of title 23, United States Code,'' and inserting ``section 403 and
chapter 5 of title 23, United States Code,''.
Subtitle <<NOTE: Intelligent Transportation Systems Act of 1998. Inter-
governmental relations. Urban and rural areas.>> C--Intelligent
Transportation Systems
SEC. 5201. SHORT TITLE. <<NOTE: 23 USC 502 note.>>
This subtitle may be cited as the ``Intelligent Transportation
Systems Act of 1998''.
SEC. 5202. FINDINGS. <<NOTE: 23 USC 502 note.>>
Congress finds that--
(1) investments authorized by the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1914 et seq.)
have demonstrated that intelligent transportation systems can
mitigate surface transportation problems in a cost-effective
manner; and
(2) continued investment in architecture and standards
development, research, and systems integration is needed to
accelerate the rate at which intelligent transportation systems
are incorporated into the national surface transportation
network, thereby improving transportation safety and efficiency
[[Page 112 STAT. 453]]
and reducing costs and negative impacts on communities and the
environment.
SEC. 5203. GOALS AND PURPOSES. <<NOTE: 23 USC 502 note.>>
(a) Goals.--The goals of the intelligent transportation system
program include--
(1) enhancement of surface transportation efficiency and
facilitation of intermodalism and international trade to enable
existing facilities to meet a significant portion of future
transportation needs, including public access to employment,
goods, and services, and to reduce regulatory, financial, and
other transaction costs to public agencies and system users;
(2) achievement of national transportation safety goals,
including the enhancement of safe operation of motor vehicles
and nonmotorized vehicles, with particular emphasis on
decreasing the number and severity of collisions;
(3) protection and enhancement of the natural environment
and communities affected by surface transportation, with
particular emphasis on assisting State and local governments to
achieve national environmental goals;
(4) accommodation of the needs of all users of surface
transportation systems, including operators of commercial
vehicles, passenger vehicles, and motorcycles, and including
individuals with disabilities; and
(5) improvement of the Nation's ability to respond to
emergencies and natural disasters and enhancement of national
defense mobility.
(b) Purposes.--The Secretary shall implement activities under the
intelligent system transportation program to, at a minimum--
(1) expedite, in both metropolitan and rural areas,
deployment and integration of intelligent transportation systems
for consumers of passenger and freight transportation;
(2) ensure that Federal, State, and local transportation
officials have adequate knowledge of intelligent transportation
systems for full consideration in the transportation planning
process;
(3) improve regional cooperation and operations planning for
effective intelligent transportation system deployment;
(4) promote the innovative use of private resources;
(5) develop a workforce capable of developing, operating,
and maintaining intelligent transportation systems; and
(6) complete deployment of Commercial Vehicle Information
Systems and Networks in a majority of States by September 30,
2003.
SEC. 5204. GENERAL AUTHORITIES AND REQUIREMENTS. <<NOTE: 23 USC 502
note.>>
(a) Scope.--Subject to the provisions of this subtitle, the
Secretary shall conduct an ongoing intelligent transportation system
program to research, develop, and operationally test intelligent
transportation systems and advance nationwide deployment of such systems
as a component of the surface transportation systems of the United
States.
(b) Policy.--Intelligent transportation system operational tests and
deployment projects funded pursuant to this subtitle shall encourage and
not displace public-private partnerships or private sector investment in
such tests and projects.
(c) Cooperation With Governmental, Private, and Educational
Entities.--The Secretary shall carry out the intelligent
[[Page 112 STAT. 454]]
transportation system program in cooperation with State and local
governments and other public entities, the United States private sector,
the Federal laboratories, and colleges and universities, including
historically black colleges and universities and other minority
institutions of higher education.
(d) Consultation With Federal Officials.--In carrying out the
intelligent transportation system program, the Secretary, as
appropriate, shall consult with the Secretary of Commerce, the Secretary
of the Treasury, the Administrator of the Environmental Protection
Agency, the Director of the National Science Foundation, and the heads
of other Federal departments and agencies.
(e) Technical Assistance, Training, and Information.--The Secretary
may provide technical assistance, training, and information to State and
local governments seeking to implement, operate, maintain, or evaluate
intelligent transportation system technologies and services.
(f) Transportation Planning.--The Secretary may provide funding to
support adequate consideration of transportation system management and
operations, including intelligent transportation systems, within
metropolitan and statewide transportation planning processes.
(g) Information Clearinghouse.--
(1) In general.--The Secretary shall--
(A) maintain a repository for technical and safety
data collected as a result of federally sponsored
projects carried out under this subtitle; and
(B) on request, make that information (except for
proprietary information and data) readily available to
all users of the repository at an appropriate cost.
(2) Delegation of authority.--
(A) In general.--The Secretary may delegate the
responsibility of the Secretary under this subsection,
with continuing oversight by the Secretary, to an
appropriate entity not within the Department of
Transportation.
(B) Federal assistance.--If the Secretary delegates
the responsibility, the entity to which the
responsibility is delegated shall be eligible for
Federal assistance under this section.
(h) Advisory Committees.--
(1) In general.--In carrying out this subtitle, the
Secretary may use 1 or more advisory committees.
(2) Applicability of federal advisory committee act.--Any
advisory committee so used shall be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
(i) Procurement Methods.--
(1) Technical assistance.--The Secretary shall develop
appropriate technical assistance and guidance to assist State
and local agencies in evaluating and selecting appropriate
methods of procurement for intelligent transportation system
projects carried out using funds made available from the Highway
Trust Fund, including innovative and nontraditional methods such
as the Information Technology Omnibus Procurement.
(2) Intelligent transportation system software.--To the
maximum extent practicable, contracting officials shall use as a
critical evaluation criterion the Software Engineering
Institute's Capability Maturity Model, or another similar
recognized standard risk assessment methodology, to reduce the
[[Page 112 STAT. 455]]
cost, schedule, and performance risks associated with the devel-
opment, management, and integration of intelligent transpor-
tation system software.
(j) Evaluations.--
(1) Guidelines and requirements.--
(A) In general.--The Secretary shall issue
guidelines and requirements for the evaluation of
operational tests and deployment projects carried out
under this subtitle.
(B) Objectivity and independence.--The guidelines
and requirements issued under subparagraph (A) shall
include provisions to ensure the objectivity and
independence of the evaluator so as to avoid any real or
apparent conflict of interest or potential influence on
the outcome by parties to any such test or deployment
project or by any other formal evaluation carried out
under this subtitle.
(C) Funding.--The guidelines and requirements issued
under subparagraph (A) shall establish evaluation
funding levels based on the size and scope of each test
or project that ensure adequate evaluation of the
results of the test or project.
(2) Special rule.--Any survey, questionnaire, or interview
that the Secretary considers necessary to carry out the
evaluation of any test, deployment project, or program
assessment activity under this subtitle shall not be subject to
chapter 35 of title 44.
SEC. 5205. NATIONAL ITS PROGRAM PLAN. <<NOTE: 23 USC 502 note.>>
(a) In General.--
(1) Updates.--The Secretary shall maintain and update, as
necessary, the National ITS Program Plan developed by the
Department of Transportation and the Intelligent Transportation
Society of America.
(2) Scope.--The National ITS Program Plan shall--
(A) specify the goals, objectives, and milestones
for the research and deployment of intelligent
transportation systems in the context of major
metropolitan areas, smaller metropolitan and rural
areas, and commercial vehicle operations;
(B) specify how specific programs and projects will
achieve the goals, objectives, and milestones referred
to in subparagraph (A), including consideration of the
5- and 10-year timeframes for the goals and objectives;
(C) identify activities that provide for the dynamic
development of standards and protocols to promote and
ensure interoperability in the implementation of
intelligent transportation system technologies,
including actions taken to establish critical standards;
and
(D) establish a cooperative process with State and
local governments for determining desired surface
transportation system performance levels and developing
plans for incorporation of specific intelligent
transportation system capabilities into surface
transportation systems.
(b) Reporting.--The plan described in subsection (a) shall be
transmitted and updated as part of the Surface Transportation Research
and Development Strategic Plan developed under section 508 of title 23,
United States Code.
[[Page 112 STAT. 456]]
SEC. 5206. NATIONAL ARCHITECTURE AND STANDARDS. <<NOTE: 23 USC 502
note.>>
(a) In General.--
(1) Development, implementation, and maintenance.--
Consistent with section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110
Stat. 783), the Secretary shall develop, implement, and maintain
a national architecture and supporting standards and protocols
to promote the widespread use and evaluation of intelligent
transportation system technology as a component of the surface
transportation systems of the United States.
(2) Interoperability and efficiency.--To the maximum extent
practicable, the national architecture shall promote
interoperability among, and efficiency of, intelligent
transportation system technologies implemented throughout the
United States.
(3) Use of standards development organizations.--In carrying
out this section, the Secretary may use the services of such
standards development organizations as the Secretary determines
to be appropriate.
(b) Report on Critical Standards.--Not later than June 1, 1999, the
Secretary shall submit a report to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Science of the House of
Representatives identifying which standards are critical to ensuring
national interoperability or critical to the development of other
standards and specifying the status of the development of each standard
identified.
(c) Provisional Standards.--
(1) In general.--If the Secretary finds that the development
or balloting of an intelligent transportation system standard
jeopardizes the timely achievement of the objectives identified
in subsection (a), the Secretary may establish a provisional
standard after consultation with affected parties, and using, to
the extent practicable, the work product of appropriate
standards development organizations.
(2) Critical standards.--If a standard identified as
critical in the report under subsection (b) is not adopted and
published by the appropriate standards development organization
by January 1, 2001, the Secretary shall establish a provisional
standard after consultation with affected parties, and using, to
the extent practicable, the work product of appropriate
standards development organizations.
(3) <<NOTE: Federal Register, publication.>> Period of
effectiveness.--A provisional standard established under
paragraph (1) or (2) shall be published in the Federal Register
and remain in effect until the appropriate standards development
organization adopts and publishes a standard.
(d) Waiver of Requirement To Establish Provisional Standard.--
(1) In general.--The Secretary may waive the requirement
under subsection (c)(2) to establish a provisional standard if
the Secretary determines that additional time would be
productive or that establishment of a provisional standard would
be counterproductive to achieving the timely achievement of the
objectives identified in subsection (a).
(2) <<NOTE: Federal Register, publication.>> Notice.--The
Secretary shall publish in the Federal Register a notice
describing each standard for which a waiver
[[Page 112 STAT. 457]]
of the provisional standard requirement has been granted, the
reasons for and effects of granting the waiver, and an estimate
as to when the standard is expected to be adopted through a
process consistent with section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110
Stat. 783).
(3) Withdrawal of waiver.--At any time the Secretary may
withdraw a waiver granted under paragraph (1). Upon such
withdrawal, the Secretary shall publish in the Federal Register
a notice describing each standard for which a waiver has been
withdrawn and the reasons for withdrawing the waiver.
(e) Conformity With National Architecture.--
(1) In general.--Except as provided in paragraphs (2) and
(3), the Secretary shall ensure that intelligent transportation
system projects carried out using funds made available from the
Highway Trust Fund, including funds made available under this
subtitle to deploy intelligent transportation system
technologies, conform to the national architecture, applicable
standards or provisional standards, and protocols developed
under subsection (a).
(2) Secretary's discretion.--The Secretary may authorize
exceptions to paragraph (1) for--
(A) projects designed to achieve specific research
objectives outlined in the National ITS Program Plan
under section 5205 or the Surface Transportation
Research and Development Strategic Plan developed under
section 508 of title 23, United States Code; or
(B) the upgrade or expansion of an intelligent
transportation system in existence on the date of
enactment of this subtitle, if the Secretary determines
that the upgrade or expansion--
(i) would not adversely affect the goals or
purposes of this subtitle;
(ii) is carried out before the end of the
useful life of such system; and
(iii) is cost-effective as compared to
alternatives that would meet the conformity
requirement of paragraph (1).
(3) Exceptions.--Paragraph (1) shall not apply to funds used
for operation or maintenance of an intelligent transportation
system in existence on the date of enactment of this subtitle.
(f) Spectrum.--The Federal Communications Commission shall consider,
in consultation with the Secretary, spectrum needs for the operation of
intelligent transportation systems, including spectrum for the dedicated
short-range vehicle-to-wayside wireless standard. Not later than January
1, 2000, the Federal Communications Commission shall have completed a
rulemaking considering the allocation of spectrum for intelligent
transportation systems.
SEC. 5207. RESEARCH AND DEVELOPMENT. <<NOTE: 23 USC 502 note.>>
(a) In General.--The Secretary shall carry out a comprehensive
program of intelligent transportation system research, development and
operational tests of intelligent vehicles and intelligent infrastructure
systems, and other similar activities that are necessary to carry out
this subtitle.
[[Page 112 STAT. 458]]
(b) Priority Areas.--Under the program, the Secretary shall give
higher priority to funding projects that--
(1) address traffic management, incident management, transit
management, toll collection, traveler information, or highway
operations systems;
(2) focus on crash-avoidance and integration of in-vehicle
crash protection technologies with other on-board safety
systems, including the interaction of air bags and safety belts;
(3) incorporate human factors research, including the
science of the driving process;
(4) facilitate the integration of intelligent
infrastructure, vehicle, and control technologies, including
magnetic guidance control systems or other materials or
magnetics research; or
(5) incorporate research on the impact of environmental,
weather, and natural conditions on intelligent transportation
systems, including the effects of cold climates.
(c) Operational Tests.--Operational tests conducted under this
section shall be designed for the collection of data to permit objective
evaluation of the results of the tests, derivation of cost-benefit
information that is useful to others contemplating deployment of similar
systems, and development and implementation of standards.
(d) Federal Share.--The Federal share of the cost of operational
tests and demonstrations under subsection (a) shall not exceed 80
percent.
SEC. 5208. <<NOTE: 23 USC 502 note.>> INTELLIGENT TRANSPORTATION SYSTEM
INTEGRATION PROGRAM.
(a) In General.--The Secretary shall conduct a comprehensive program
to accelerate the integration and interoperability of intelligent
transportation systems in metropolitan and rural areas. Under the
program, the Secretary shall select for funding, through competitive
solicitation, projects that will serve as models to improve
transportation efficiency, promote safety (including safe freight
movement), increase traffic flow (including the flow of intermodal
travel at ports of entry), reduce emissions of air pollutants, improve
traveler information, enhance alternative transportation modes, build on
existing intelligent transportation system projects, or promote tourism.
(b) Selection of Projects.--Under the program, the Secretary shall
give priority to funding projects that--
(1) contribute to national deployment goals and objectives
outlined in the National ITS Program Plan under section 5205;
(2) demonstrate a strong commitment to cooperation among
agencies, jurisdictions, and the private sector, as evidenced by
signed memoranda of understanding that clearly define the
responsibilities and relations of all parties to a partnership
arrangement, including institutional relationships and financial
agreements needed to support deployment;
(3) encourage private sector involvement and financial
commitment, to the maximum extent practicable, through
innovative financial arrangements, especially public-private
partnerships, including arrangements that generate revenue to
offset public investment costs;
(4) demonstrate commitment to a comprehensive plan of fully
integrated intelligent transportation system deployment
[[Page 112 STAT. 459]]
in accordance with the national architecture and standards and
protocols established under section 5206;
(5) are part of approved plans and programs developed under
applicable statewide and metropolitan transportation planning
processes and applicable State air quality implementation plans,
as appropriate, at the time at which Federal funds are sought;
(6) minimize the relative percentage and amount of Federal
contributions under this section to total project costs;
(7) ensure continued, long-term operations and maintenance
without continued reliance on Federal funding under this
subtitle, as evidenced by documented evidence of fiscal capacity
and commitment from anticipated public and private sources;
(8) demonstrate technical capacity for effective operations
and maintenance or commitment to acquiring necessary skills;
(9) mitigate any adverse impacts on bicycle and pedestrian
transportation and safety; or
(10) in the case of a rural area, meet other safety,
mobility, geographic and regional diversity, or economic
development criteria as determined by the Secretary.
(c) Fiscal Year Limitations.--Of the amounts made available to carry
out this section for a fiscal year--
(1) not more that $15,000,000 may be used for projects in a
single metropolitan area;
(2) not more than $2,000,000 may be used for projects in a
single rural area; and
(3) not more than $35,000,000 may be used for projects in a
State.
(d) Funding Limitations.--
(1) Projects in metropolitan areas.--Funding under this
section for intelligent transportation infrastructure projects
in metropolitan areas shall be used primarily for activities
necessary to integrate intelligent transportation infrastructure
elements that are either deployed or to be deployed with other
sources of funds.
(2) Other projects.--For projects outside metropolitan
areas, funding provided under this subtitle may also be used for
installation of intelligent transportation infrastructure
elements.
(e) Funding for Rural Areas.--The Secretary shall allocate not less
than 10 percent of funds authorized by section 5001(c)(4)(A) in rural
areas for intelligent transportation infrastructure deployment
activities funded under this section to carry out intelligent
transportation infrastructure deployment activities in rural areas.
(f) Federal Share.--
(1) Funds made available under this section.--The Federal
share of the cost of a project payable from funds made available
under this section shall not exceed 50 percent.
(2) Funds made available from all federal sources.--The
total Federal share of the cost of a project payable from all
eligible sources (including this section) shall not exceed 80
percent.
(g) Corridor Development and Coordination.--
(1) In general.--The Secretary shall <<NOTE: Contracts.>>
encourage multistate cooperative agreements, coalitions, or
other arrangements intended to promote regional cooperation,
planning, and shared
[[Page 112 STAT. 460]]
project implementation for intelligent transportation system
projects.
(2) Great lakes its implementation.--
(A) In general.--The Secretary shall make grants
under this subsection to the State of Wisconsin to
continue ITS activities in the corridor serving the
Greater Milwaukee, Wisconsin, Chicago, Illinois, and
Gary, Indiana, areas initiated under the Intermodal
Surface Transportation Efficiency Act of 1991 and other
areas of the State.
(B) Funding.--Of the amounts made available for each
of fiscal years 1998 through 2003 under section
5001(c)(4)(A) of this Act, $2,000,000 per fiscal year
shall be available to carry out this paragraph.
(3) Northeast its implementation.--
(A) In general.--The Secretary shall make grants
under this subsection to the States to continue ITS
activities in the Interstate Route I-95 corridor in the
northeastern United States initiated under the
Intermodal Surface Transportation Efficiency Act of
1991.
(B) Funding.--Of the amounts made available for each
of fiscal years 1998 through 2003 under section
5001(c)(4)(A) of this Act, $5,000,000 per fiscal year
shall be available to carry out this paragraph.
SEC. 5209. <<NOTE: 23 USC 502 note.>> COMMERCIAL VEHICLE INTELLIGENT
TRANSPORTATION SYSTEM INFRASTRUCTURE DEPLOYMENT.
(a) In General.--The Secretary shall carry out a comprehensive
program to deploy intelligent transportation systems that--
(1) improve the safety and productivity of commercial
vehicles and drivers; and
(2) reduce costs associated with commercial vehicle
operations and Federal and State commercial vehicle regulatory
requirements.
(b) Purpose.--The program shall advance the technological capability
and promote the deployment of intelligent transportation system
applications to commercial vehicle operations, including commercial
vehicle, commercial driver, and carrier-specific information systems and
networks.
(c) Priority Areas.--In carrying out the program, the Secretary
shall give priority to projects that--
(1) encourage multistate cooperation and corridor
development;
(2)(A) improve the safety of commercial vehicle operations;
and
(B) increase the efficiency of regulatory inspection
processes to reduce administrative burdens by advancing
technology to facilitate inspections and generally increase the
effectiveness of enforcement efforts;
(3)(A) advance electronic processing of registration
information, driver licensing information, fuel tax information,
inspection and crash data, and other safety information; and
(B) promote communication of the information among the
States; or
(4) enhance the safe passage of commercial vehicles across
the United States and across international borders.
(d) Leveraging of Federal Funds.--Federal funds used to carry out
the program shall, to the maximum extent practicable--
[[Page 112 STAT. 461]]
(1) be leveraged with non-Federal funds; and
(2) be used for activities not carried out through the use
of private funds.
(e) Federal Share.--The Federal share of the cost of the project
payable from funds made available to carry out this section shall not
exceed 50 percent. The total Federal share of the cost of the project
payable from all eligible sources shall not exceed 80 percent.
SEC. 5210. USE OF FUNDS. <<NOTE: 23 USC 502 note.>>
(a) Outreach and Public Relations Limitation.--
(1) In general.--For each fiscal year, not more than
$5,000,000 of the funds made available to carry out this
subtitle shall be used for intelligent transportation system
outreach, public relations, displays, scholarships, tours, and
brochures.
(2) Applicability.--Paragraph (1) shall not apply to
intelligent transportation system training or the publication or
distribution of research findings, technical guidance, or
similar documents.
(b) Infrastructure Development.--Funds made available to carry out
this subtitle for operational tests and deployment projects--
(1) shall be used primarily for the development of
intelligent transportation system infrastructure; and
(2) to the maximum extent practicable, shall not be used for
the construction of physical highway and transit infrastructure
unless the construction is incidental and critically necessary
to the implementation of an intelligent transportation system
project.
(c) Life Cycle Cost Analysis and Financing and Operations Plan.--The
Secretary shall require an applicant for funds made available under
sections 5208 and 5209 to submit to the Secretary--
(1) an analysis of the life-cycle costs of operation and
maintenance of intelligent transportation system elements, if
the total initial capital costs of the elements exceed
$3,000,000; and
(2) a multiyear financing and operations plan that describes
how the project will be cost-effectively operated and
maintained.
SEC. 5211. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) Commercial vehicle information systems and networks.--
The term ``Commercial Vehicle Information Systems and Networks''
means the information systems and communications networks that
support commercial vehicle operations.
(2) Commercial vehicle operations.--The term ``commercial
vehicle operations''--
(A) means motor carrier operations and motor vehicle
regulatory activities associated with the commercial
movement of goods, including hazardous materials, and
passengers; and
(B) with respect to the public sector, includes the
issuance of operating credentials, the administration of
motor vehicle and fuel taxes, and roadside safety and
border crossing inspection and regulatory compliance
operations.
(3) Corridor.--The term ``corridor'' means any major
transportation route that includes parallel limited access
highways, major arterials, or transit lines.
[[Page 112 STAT. 462]]
(4) Intelligent transportation infrastructure.--The term
``intelligent transportation infrastructure'' means fully
integrated public sector intelligent transportation system
components, as defined by the Secretary.
(5) Intelligent transportation system.--The term
``intelligent transportation system'' means electronics,
communications, or information processing used singly or in
combination to improve the efficiency or safety of a surface
transportation system.
(6) National architecture.--The term ``national
architecture'' means the common framework for interoperability
adopted by the Secretary that defines--
(A) the functions associated with intelligent
transportation system user services;
(B) the physical entities or subsystems within which
the functions reside;
(C) the data interfaces and information flows
between physical subsystems; and
(D) the communications requirements associated with
the information flows.
(7) Standard.--The term ``standard'' means a document that--
(A) contains technical specifications or other
precise criteria for intelligent transportation systems
that are to be used consistently as rules, guidelines,
or definitions of characteristics so as to ensure that
materials, products, processes, and services are fit for
their purposes; and
(B) may support the national architecture and
promote--
(i) the widespread use and adoption of
intelligent transportation system technology as a
component of the surface transportation systems of
the United States; and
(ii) interoperability among intelligent
transportation system technologies implemented
throughout the States.
(8) State.--The term ``State'' has the meaning given the
term under section 101 of title 23, United States Code.
SEC. 5212. PROJECT FUNDING. <<NOTE: 23 USC 502 note.>>
(a) Use of Hazardous Materials Monitoring Systems.--
(1) In general.--The Secretary shall conduct research on
improved methods of deploying and integrating existing ITS
projects to include hazardous materials monitoring systems
across various modes of transportation.
(2) Funding.--Of the amounts made available for each of
fiscal years 1998 through 2003 by section 5001(a)(6) of this
Act, $1,500,000 per fiscal year shall be available to carry out
this paragraph.
(b) Outreach and Technology Transfer Activities.--
(1) In general.--The Secretary shall continue to support the
Urban Consortium's ITS outreach and technology transfer
activities.
(2) Funding.--Of the amounts made available for each of
fiscal years 1998 through 2003 by section 5001(a)(5) of this
Act, $500,000 per fiscal year shall be available to carry out
this paragraph.
[[Page 112 STAT. 463]]
(c) Translink.--
(1) In general.--The Secretary shall make grants to the
Texas Transportation Institute to continue the Translink
Research program.
(2) Funding.--Of the amounts allocated for each of fiscal
years 1999 through 2001 by section 5001(a)(6) of this Act,
$1,300,000 per fiscal year shall be available to carry out this
paragraph.
SEC. 5213. REPEAL. <<NOTE: 23 USC 502 note.>>
The Intermodal Surface Transportation Efficiency Act of 1991 is
amended by striking part B of title VI (23 U.S.C. 307 note; 105 Stat.
2189).
TITLE VI--OZONE AND PARTICULATE MATTER STANDARDS
SEC. 6101. FINDINGS AND PURPOSE. <<NOTE: 42 USC 7407 note.>>
(a) The Congress finds that--
(1) there is a lack of air quality monitoring data for fine
particle levels, measured as PM<INF>2.5</INF>, in the United
States and the States should receive full funding for the
monitoring efforts;
(2) such data would provide a basis for designating areas as
attainment or nonattainment for any PM<INF>2.5</INF> national
ambient air quality standards pursuant to the standards
promulgated in July 1997;
(3) the President of the United States directed the
Administrator of the Environmental Protection Agency (referred
to in this title as the ``Administrator'') in a memorandum dated
July 16, 1997, to complete the next periodic review of the
particulate matter national ambient air quality standards by
July 2002 in order to determine ``whether to revise or maintain
the standards'';
(4) the Administrator has stated that 3 years of air quality
monitoring data for fine particle levels, measured as
PM<INF>2.5</INF> and performed in accordance with any applicable
Federal reference methods, is appropriate for designating areas
as attainment or nonattainment pursuant to the July 1997
promulgated standards; and
(5) the Administrator has acknowledged that in drawing
boundaries for attainment and nonattainment areas for the July
1997 ozone national air quality standards, Governors would
benefit from considering implementation guidance from EPA on
drawing area boundaries.
(b) The purposes of this title are--
(1) to ensure that 3 years of air quality monitoring data
regarding fine particle levels are gathered for use in the
determination of area attainment or nonattainment designations
respecting any PM<INF>2.5</INF> national ambient air quality
standards;
(2) to ensure that the Governors have adequate time to
consider implementation guidance from EPA on drawing area
boundaries prior to submitting area designations respecting the
July 1997 ozone national ambient air quality standards;
(3) to ensure that the schedule for implementation of the
July 1997 revisions of the ambient air quality standards for
particulate matter and the schedule for the Environmental
[[Page 112 STAT. 464]]
Protection Agency's visibility regulations related to regional
haze are consistent with the timetable for implementation of
such particulate matter standards as set forth in the
President's Implementation Memorandum dated July 16, 1997.
SEC. 6102. PARTICULATE MATTER MONITORING PROGRAM. <<NOTE: 42 USC 7407
note.>>
(a) Through grants under section 103 of the Clean Air Act the
Administrator of the Environmental Protection Agency shall use
appropriated funds no later than fiscal year 2000 to fund 100 percent of
the cost of the establishment, purchase, operation and maintenance of a
PM<INF>2.5</INF> monitoring network necessary to implement the national
ambient air quality standards for PM<INF>2.5</INF> under section 109 of
the Clean Air Act. This implementation shall not result in a diversion
or reprogramming of funds from other Federal, State or local Clean Air
Act activities. Any funds previously diverted or reprogrammed from
section 105 Clean Air Act grants for PM<INF>2.5</INF> monitors must be
restored to State or local air programs in fiscal year 1999.
(b) EPA and the States, consistent with their respective authorities
under the Clean Air Act, shall ensure that the national network
(designated in subsection (a)) which consists of the PM<INF>2.5</INF>
monitors necessary to implement the national ambient air quality
standards is established by December 31, 1999.
(c)(1) The Governors shall be required to submit designations
referred to in section 107(d)(1) of the Clean Air Act for each area
following promulgation of the July 1997 PM<INF>2.5</INF> national
ambient air quality standard within 1 year after receipt of 3 years of
air quality monitoring data performed in accordance with any applicable
Federal reference methods for the relevant areas. Only data from the
monitoring network designated in subsection (a) and other Federal
reference method PM<INF>2.5</INF> monitors shall be considered for such
designations. Nothing in the previous sentence shall be construed as
affecting the Governor's authority to designate an area initially as
nonattainment, and the Administrator's authority to promulgate the
designation of an area as nonattainment, under section 107(d)(1) of the
Clean Air Act, based on its contribution to ambient air quality in a
nearby nonattainment area.
(2) For any area designated as nonattainment for the July 1997
PM<INF>2.5</INF> national ambient air quality standard in accordance
with the schedule set forth in this section, notwithstanding the time
limit prescribed in paragraph (2) of section 169B(e) of the Clean Air
Act, the Administrator shall require State implementation plan revisions
referred to in such paragraph (2) to be submitted at the same time as
State implementation plan revisions referred to in section 172 of the
Clean Air Act implementing the revised national ambient air quality
standard for fine particulate matter are required to be submitted. For
any area designated as attainment or unclassifiable for such standard,
the Administrator shall require the State implementation plan revisions
referred to in such paragraph (2) to be submitted 1 year after the area
has been so designated. The preceding provisions of this paragraph shall
not preclude the implementation of the agreements and recommendations
set forth in the Grand Canyon Visibility Transport Commission Report
dated June 1996.
(d) The Administrator shall promulgate the designations referred to
in section 107(d)(1) of the Clean Air Act for each area following
promulgation of the July 1997 PM<INF>2.5</INF> national ambient
[[Page 112 STAT. 465]]
air quality standard by the earlier of 1 year after the initial
designations required under subsection (c)(1) are required to be
submitted or December 31, 2005.
(e) The Administrator shall conduct a field study of the ability of
the PM<INF>2.5</INF> Federal Reference Method to differentiate those
particles that are larger than 2.5 micrograms in diameter. This study
shall be completed and provided to the Committee on Commerce of the
House of Representatives and the Committee on Environment and Public
Works of the United States Senate no later than 2 years from the date of
enactment of this Act.
SEC. 6103. OZONE DESIGNATION REQUIREMENTS. <<NOTE: 42 USC 7407 note.>>
(a) The Governors shall be required to submit the designations
referred to in section 107(d)(1) of the Clean Air Act within 2 years
following the promulgation of the July 1997 ozone national ambient air
quality standards.
(b) The Administrator shall promulgate final designations no later
than 1 year after the designations required under subsection (a) are
required to be submitted.
SEC. 6104. ADDITIONAL PROVISIONS. <<NOTE: 42 USC 7407 note.>>
Nothing in sections 6101 through 6103 shall be construed by the
Administrator of Environmental Protection Agency or any court, State, or
person to affect any pending litigation or to be a ratification of the
ozone or PM<INF>2.5</INF> standards.
TITLE VII--MISCELLANEOUS
Subtitle A-- <<NOTE: National Highway Traffic Saftey
Administration Reauthorization Act of 1998.>> Automobile Safety and
Information
SEC 7101. SHORT TITLE. <<NOTE: 49 USC 30101 note.>>
This subtitle may be cited as the ``National Highway Traffic Safety
Administration Reauthorization Act of 1998''.
SEC. 7102. AUTHORIZATION OF APPROPRIATIONS.
(a) Motor Vehicle Safety Activities.--Section 30104 of title 49,
United States Code, is amended to read as follows:
``Sec. 30104. Authorization of appropriations
``There is authorized to be appropriated to the Secretary
$81,200,000 for the National Highway Traffic Safety Administration to
carry out this part in each fiscal year beginning in fiscal year 1999
and ending in fiscal year 2001.''.
(b) Motor Vehicle Information Activities.--Section 32102 of title
49, United States Code, is amended to read as follows:
``Sec. 32102. Authorization of appropriations
``There is authorized to be appropriated to the Secretary $6,200,000
for the National Highway Traffic Safety Administration to carry out this
part in each fiscal year beginning in fiscal year 1999 and ending in
fiscal year 2001.''.
SEC. 7103. IMPROVING AIR BAG SAFETY. <<NOTE: 49 USC 30127 note.>>
(a) Rulemaking To Improve Air Bags.--
[[Page 112 STAT. 466]]
(1) Notice of proposed rulemaking.--Not later than September
1, 1998, the Secretary of Transportation shall issue a notice of
proposed rulemaking to improve occupant protection for occupants
of different sizes, belted and unbelted, under Federal Motor
Vehicle Safety Standard No. 208, while minimizing the risk to
infants, children, and other occupants from injuries and deaths
caused by air bags, by means that include advanced air bags.
(2) Final rule.--Notwithstanding any other provision of law,
the Secretary shall complete the rulemaking required by this
subsection by issuing, not later than September 1, 1999, a final
rule with any provision the Secretary deems appropriate,
consistent with paragraph (1) and the requirements of section
30111, title 49, United States Code. If the Secretary determines
that the final rule cannot be completed by that date to meet the
purposes of paragraph (1), the Secretary may extend the date for
issuing the final rule to not later than March 1, 2000.
(3) Effective date.--The final rule issued under this
subsection shall become effective in phases as rapidly as
practicable, beginning not earlier than September 1, 2002, and
no sooner than 30 months after the date of the issuance of the
final rule, but not later than September 1, 2003. The final rule
shall become fully effective for all vehicles identified in
section 30127(b), title 49, United States Code, that are
manufactured on and after September 1, 2005. Should the phase-in
of the final rule required by this paragraph commence on
September 1, 2003, then in that event, and only in that event,
the Secretary is authorized to make the final rule fully
effective on September 1, 2006, for all vehicles that are
manufactured on and after that date.
(4) Coordination of effective dates.--The requirements of
S13 of Standard No. 208 shall remain in effect unless and until
changed by the rule required by this subsection.
(5) Credit for early compliance.--To encourage early
compliance, the Secretary is directed to include in the notice
of proposed rulemaking required by paragraph (1) means by which
manufacturers may earn credits for future compliance. Credits,
on a one-vehicle for one-vehicle basis, may be earned for
vehicles certified as being in full compliance under section
30115 of title 49, United States Code, with the rule required by
paragraph (2) which are either--
(A) so certified in advance of the phase-in period;
or
(B) in excess of the percentage requirements during
the phase-in period.
(b) Advisory Committees.--Any government advisory committee, task
force, or other entity involving air bags shall include representatives
of consumer and safety organizations, insurers, manufacturers, and
suppliers.
SEC. 7104. RESTRICTIONS ON LOBBYING ACTIVITIES.
(a) Amendment.--Subchapter I of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 30105. Restriction on lobbying activities
``(a) In General.--No funds appropriated to the Secretary shall be
available for any activity specifically designed to urge a State
[[Page 112 STAT. 467]]
or local legislator to favor or oppose the adoption of any specific
legislative proposal pending before any State or local legislative body.
``(b) Appearance as Witness Not Barred.--Subsection (a) does not
prohibit officers or employees of the United States from testifying
before any State or local legislative body in response to the invitation
of any member of that legislative body or a State executive office.''.
(b) Clerical Amendment.--The table of contents in subchapter I of
chapter 301 of title 49, United States Code, is amended by adding at the
end the following:
``30105. Restriction on lobbying activities.''.
SEC. 7105. ODOMETERS.
(a) Transfers of New Motor Vehicles.--Section 32705(a) of title 49,
United States Code, is amended by adding at the end the following:
``(4)(A) This subsection shall apply to all transfers of motor
vehicles (unless otherwise exempted by the Secretary by regulation),
except in the case of transfers of new motor vehicles from a vehicle
manufacturer jointly to a dealer and a person engaged in the business of
renting or leasing vehicles for a period of 30 days or less.
``(B) For purposes of subparagraph (A), the term `new motor vehicle'
means any motor vehicle driven with no more than the limited use
necessary in moving, transporting, or road testing such vehicle prior to
delivery from the vehicle manufacturer to a dealer, but in no event
shall the odometer reading of such vehicle exceed 300 miles.''.
(b) Exempted Vehicles.--Section 32705(a) of title 49, United States
Code, as amended by subsection (a), is amended by adding at the end the
following new paragraph:
``(5) The Secretary may exempt such classes or categories of
vehicles as the Secretary deems appropriate from these requirements.
Until such time as the Secretary amends or modifies the regulations set
forth in 49 CFR 580.6, such regulations shall have full force and
effect.''.
SEC. 7106. MISCELLANEOUS AMENDMENTS.
(a) Remedies for Defects and Noncompliance.--Section 30120(i)(1) of
title 49, United States Code, is amended by inserting ``(including
retailers of motor vehicle equipment)'' after ``dealer'' the first time
it appears.
(b) Tires.--Section 30123 of title 49, United States Code, is
amended by striking subsections (a), (b), and (c) and by redesignating
subsections (d), (e), and (f), as subsections (a), (b), and (c),
respectively.
(c) Automatic Occupant Crash Protection and Seat Belt Use.--Section
30127(g)(1) of title 49, United States Code, is amended by striking
``every 6 months'' and inserting ``annually''.
(d) Miscellaneous.--
(1) Definitions.--
(A) Country of origin.--Section 32304(a)(3)(B) of
title 49, United States Code, is amended by inserting
before the period the following: ``, plus the assembly
and labor costs incurred for the final assembly of such
engines and transmissions''.
[[Page 112 STAT. 468]]
(B) Final assembly place.--Section 32304(a)(5) of
title 49, United States Code, is amended by adding at
the end the following: ``Such term does not include
facilities for engine and transmission fabrication and
assembly and the facilities for fabrication of motor
vehicle equipment component parts which are produced at
the same final assembly place using forming processes
such as stamping, machining, or molding processes.''.
(C) Outside supplier content reporting.--Section
32304(a)(9)(A) of title 49, United States Code, is
amended to read as follows:
``(A) for an outside supplier--
``(i) the full purchase price of passenger
motor vehicle equipment whose purchase price
contains at least 70 percent value added in the
United States and Canada; or
``(ii) that portion of the purchase price of
passenger motor vehicle equipment containing less
than 70 percent value added in the United States
and Canada that is attributable to the percent
value added in the United States and Canada when
such percent is expressed to the nearest 5
percent; and''.
(2) Country of assembly.--Section 32304(d) of title 49,
United States Code, is amended by adding at the end the
following: ``A manufacturer may add to the label required under
subsection (b) a line stating the country in which vehicle
assembly was completed.''.
(3) Vehicle content percentage by assembly plant.--Section
32304 of title 49, United States Code, is amended by
redesignating subsections (c) through (f) as subsections (f)
through (i), respectively, and by adding after subsection (b)
the following:
``(c) Vehicle Content Percentage by Assembly Plant.--A manufacturer
may display separately on the label required by subsection (b) the
domestic content of a vehicle based on the assembly plant. Such display
shall occur after the matter required to be in the label by subsection
(b)(1)(A).''.
(4) Suppliers failing to report.--Section 32304 of title 49,
United States Code, is amended by adding after subsection (c),
as added by paragraph (3), the following:
``(d) Value Added Determination.--If a manufacturer or allied
supplier requests information in a timely manner from one or more of its
outside suppliers concerning the United States /Canadian content of
particular equipment, but does not receive that information despite a
good faith effort to obtain it, the manufacturer or allied supplier may
make its own good faith value added determinations, subject to the
following:
``(1) The manufacturer or allied supplier shall make the
same value added determinations as would be made by the outside
supplier, that is, whether 70 percent or more of the value of
equipment is added in the United States and /or Canada.
``(2) The manufacturer or allied supplier shall consider the
amount of value added and the location in which the value was
added for all of the stages that the outside supplier would be
required to consider.
[[Page 112 STAT. 469]]
``(3) The manufacturer or allied supplier may determine that
the value added in the United States and /or Canada is 70
percent or more only if it has a good faith basis to make that
determination.
``(4) A manufacturer and its allied suppliers may, on a
combined basis, make value added determinations for no more than
10 percent, by value, of a carline's total parts content from
outside suppliers.
``(5) Value added determinations made by a manufacturer or
allied supplier under this paragraph shall have the same effect
as if they were made by the outside supplier.
``(6) This provision does not affect the obligation of
outside suppliers to provide the requested information.''.
(5) Accounting for the value of small parts.--Section 32304
of title 49, United States Code, is amended by adding after
subsection (d), as added by paragraph (4), the following:
``(e) Small Parts.--The country of origin of nuts, bolts, clips,
screws, pins, braces, gasoline, oil, blackout, phosphate rinse,
windshield washer fluid, fasteners, tire assembly fluid, rivets,
adhesives, and grommets, of any system, subassembly, or component
installed in a vehicle shall be considered to be the country in which
such parts were included in the final assembly of such vehicle.''.
(e) <<NOTE: 49 USC 30101 note.>> Study.--The National Highway
Traffic Safety Administration shall conduct a study of the benefits to
motor vehicle drivers of a regulation to require the installation in a
motor vehicle of an interior device to release the trunk lid. Not later
than 18 months after the date of the enactment of this Act, the
Administration shall submit a report on the results of the study to the
Committee on Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.
SEC. 7107. IMPORTATION OF MOTOR VEHICLE FOR SHOW OR DISPLAY.
(a) Importation of Noncomplying Motor Vehicles.--Section 30114 of
title 49, United States Code, is amended by striking ``or competitive
racing events'' and inserting ``competitive racing events, show, or
display''.
(b) <<NOTE: 49 USC 30114 note.>> Transition Rule.--A person who is
the owner of a motor vehicle located in the United States on the date of
enactment of this Act may seek an exemption under section 30114 of title
49, United States Code, as amended by subsection (a) of this section,
for a period of 6 months after the date regulations of the Secretary of
Transportation promulgated in response to such amendment take effect.
Subtitle B--Railroads
SEC. 7201. HIGH-SPEED RAIL.
(a) Authorization of Appropriations.--Section 26104 of title 49,
United States Code, is amended--
(1) by redesignating subsection (d) as subsection (h); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Fiscal Year 1998.--(1) There are authorized to be appropriated
to the Secretary $10,000,000 for fiscal year 1998, for carrying out
section 26101 (including payment of administrative expenses related
thereto).
[[Page 112 STAT. 470]]
``(2) There are authorized to be appropriated to the Secretary
$25,000,000 for fiscal year 1998, for carrying out section 26102
(including payment of administrative expenses related thereto).
``(e) Fiscal Year 1999.--(1) There are authorized to be appropriated
to the Secretary $10,000,000 for fiscal year 1999, for carrying out
section 26101 (including payment of administrative expenses related
thereto).
``(2) There are authorized to be appropriated to the Secretary
$25,000,000 for fiscal year 1999, for carrying out section 26102
(including payment of administrative expenses related thereto).
``(f) Fiscal Year 2000.--(1) There are authorized to be appropriated
to the Secretary $10,000,000 for fiscal year 2000, for carrying out
section 26101 (including payment of administrative expenses related
thereto).
``(2) There are authorized to be appropriated to the Secretary
$25,000,000 for fiscal year 2000, for carrying out section 26102
(including payment of administrative expenses related thereto).
``(g) Fiscal Year 2001.--(1) There are authorized to be appropriated
to the Secretary $10,000,000 for fiscal year 2001, for carrying out
section 26101 (including payment of administrative expenses related
thereto).
``(2) There are authorized to be appropriated to the Secretary
$25,000,000 for fiscal year 2001, for carrying out section 26102
(including payment of administrative expenses related thereto).''.
(b) Definition.--Section 26105(2) of title 49, United States Code,
is amended to read as follows:
``(2) the term `high-speed rail' means all forms of
nonhighway ground transportation that run on rails or
electromagnetic guideways providing transportation service which
is--
``(A) reasonably expected to reach sustained speeds
of more than 125 miles per hour; and
``(B) made available to members of the general
public as passengers,
but does not include rapid transit operations within an urban
area that are not connected to the general rail system of
transportation;''.
SEC. 7202. LIGHT DENSITY RAIL LINE PILOT PROJECTS.
(a) Amendment.--Part B of subtitle V of title 49, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 223--LIGHT DENSITY RAIL LINE PILOT PROJECTS
``Sec.
``22301. Light density rail line pilot projects.
``Sec. 22301. Light density rail line pilot projects
``(a) Grants.--The Secretary of Transportation may make grants to
States that have State rail plans described in section 22102 (1) and
(2), to fund pilot projects that demonstrate the relationship of light
density railroad services to the statutory responsibilities of the
Secretary, including those under title 23.
``(b) Limitations.--Grants under this section may be made only for
pilot projects for making capital improvements to, and rehabilitating,
publicly and privately owned rail line structures, and may not be used
for providing operating assistance.
[[Page 112 STAT. 471]]
``(c) Private Owner Contributions.--Grants made under this section
for projects on privately owned rail line structures shall include
contributions by the owner of the rail line structures, based on the
benefit to those structures, as determined by the Secretary.
``(d) Study.--The Secretary shall conduct a study of the pilot
projects carried out with grant assistance under this section to
determine the public interest benefits associated with the light density
railroad networks in the States and their contribution to a multimodal
transportation system. Not later than March 31, 2003, the Secretary
shall report to Congress any recommendations the Secretary considers
appropriate regarding the eligibility of light density rail networks for
Federal infrastructure financing.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $17,500,000 for
each of the fiscal years 1998, 1999, 2000, 2001, 2002, and 2003. Such
funds shall remain available until expended.''.
(b) Table of Chapters.--The table of chapters of subtitle V of title
49, United States Code, is amended by inserting after the item relating
to chapter 221 the following new item:
``223. LIGHT DENSITY RAIL LINE PILOT PROJECTS...................22301''.
SEC. 7203. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.
(a) Amendments.--Title V of the Railroad Revitalization and
Regulatory Reform Act of 1976 is amended--
(1) by striking sections 501 through 504 <<NOTE: 45 USC 821-
824.>> and inserting the following new sections:
``SEC. 501. DEFINITIONS. <<NOTE: 45 USC 821.>>
``For purposes of this title:
``(1)(A) The term `cost' means the estimated long-term cost
to the Government of a direct loan or loan guarantee or
modification thereof, calculated on a net present value basis,
excluding administrative costs and any incidental effects on
governmental receipts or outlays.
``(B) The cost of a direct loan shall be the net present
value, at the time when the direct loan is disbursed, of the
following estimated cash flows:
``(i) Loan disbursements.
``(ii) Repayments of principal.
``(iii) Payments of interest and other payments by
or to the Government over the life of the loan after
adjusting for estimated defaults, prepayments, fees,
penalties, and other recoveries.
Calculation of the cost of a direct loan shall include the
effects of changes in loan terms resulting from the exercise by
the borrower of an option included in the loan contract.
``(C) The cost of a loan guarantee shall be the net present
value, at the time when the guaranteed loan is disbursed, of the
following estimated cash flows:
``(i) Payments by the Government to cover defaults
and delinquencies, interest subsidies, or other
payments.
``(ii) Payments to the Government, including
origination and other fees, penalties, and recoveries.
Calculation of the cost of a loan guarantee shall include the
effects of changes in loan terms resulting from the exercise by
the guaranteed lender of an option included in the loan
[[Page 112 STAT. 472]]
guarantee contract, or by the borrower of an option included in
the guaranteed loan contract.
``(D) The cost of a modification is the difference between
the current estimate of the net present value of the remaining
cash flows under the terms of a direct loan or loan guarantee
contract, and the current estimate of the net present value of
the remaining cash flows under the terms of the contract, as
modified.
``(E) In estimating net present values, the discount rate
shall be the average interest rate on marketable Treasury
securities of similar maturity to the cash flows of the direct
loan or loan guarantee for which the estimate is being made.
``(F) When funds are obligated for a direct loan or loan
guarantee, the estimated cost shall be based on the current
assumptions, adjusted to incorporate the terms of the loan
contract, for the fiscal year in which the funds are obligated.
``(2) The term `current' has the same meaning as in section
250(c)(9) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
``(3) The term `direct loan' means a disbursement of funds
by the Government to a non-Federal borrower under a contract
that requires the repayment of such funds. The term includes the
purchase of, or participation in, a loan made by another lender
and financing arrangements that defer payment for more than 90
days, including the sale of a Government asset on credit terms.
The term does not include the acquisition of a federally
guaranteed loan in satisfaction of default claims.
``(4) The term `direct loan obligation' means a binding
agreement by the Secretary to make a direct loan when specified
conditions are fulfilled by the borrower.
``(5) The term `intermodal' means of or relating to the
connection between rail service and other modes of
transportation, including all parts of facilities at which such
connection is made.
``(6) The term `loan guarantee' means any guarantee,
insurance, or other pledge with respect to the payment of all or
a part of the principal or interest on any debt obligation of a
non-Federal borrower to a non-Federal lender, but does not
include the insurance of deposits, shares, or other withdrawable
accounts in financial institutions.
``(7) The term `loan guarantee commitment' means a binding
agreement by the Secretary to make a loan guarantee when
specified conditions are fulfilled by the borrower, the lender,
or any other party to the guarantee agreement.
``(8) The term `modification' means any Government action
that alters the estimated cost of an outstanding direct loan (or
direct loan obligation) or an outstanding loan guarantee (or
loan guarantee commitment) from the current estimate of cash
flows. This includes the sale of loan assets, with or without
recourse, and the purchase of guaranteed loans. This also
includes any action resulting from new legislation, or from the
exercise of administrative discretion under existing law, that
directly or indirectly alters the estimated cost of outstanding
direct loans (or direct loan obligations) or loan guarantees (or
loan guarantee commitments) such as a change in collection
procedures.
[[Page 112 STAT. 473]]
``SEC. 502. DIRECT LOANS AND <<NOTE: 45 USC 822.>> LOAN GUARANTEES.
``(a) General Authority.--The Secretary may provide direct loans and
loan guarantees to State and local governments, government sponsored
authorities and corporations, railroads, and joint ventures that include
at least 1 railroad.
``(b) Eligible Purposes.--
``(1) In general.--Direct loans and loan guarantees under
this section shall be used to--
``(A) acquire, improve, or rehabilitate intermodal
or rail equipment or facilities, including track,
components of track, bridges, yards, buildings, and
shops;
``(B) refinance outstanding debt incurred for the
purposes described in subparagraph (A); or
``(C) develop or establish new intermodal or
railroad facilities.
``(2) Operating expenses not eligible.--Direct loans and
loan guarantees under this section shall not be used for
railroad operating expenses.
``(c) Priority Projects.--In granting applications for direct loans
or guaranteed loans under this section, the Secretary shall give
priority to projects that--
``(1) enhance public safety;
``(2) enhance the environment;
``(3) promote economic development;
``(4) enable United States companies to be more competitive
in international markets;
``(5) are endorsed by the plans prepared under section 135
of title 23, United States Code, by the State or States in which
they are located; or
``(6) preserve or enhance rail or intermodal service to
small communities or rural areas.
``(d) Extent of Authority.--The aggregate unpaid principal amounts
of obligations under direct loans and loan guarantees made under this
section shall not exceed $3,500,000,000 at any one time. Of this amount,
not less than $1,000,000,000 shall be available solely for projects
primarily benefiting freight railroads other than Class I carriers.
``(e) Rates of Interest.--
``(1) Direct loans.--The Secretary shall require interest to
be paid on a direct loan made under this section at a rate not
less than that necessary to recover the cost of making the loan.
``(2) Loan guarantees.--The Secretary shall not make a loan
guarantee under this section if the interest rate for the loan
exceeds that which the Secretary determines to be reasonable,
taking into consideration the prevailing interest rates and
customary fees incurred under similar obligations in the private
capital market.
``(f) Infrastructure Partners.--
``(1) Authority of secretary.--In lieu of or in combination
with appropriations of budget authority to cover the costs of
direct loans and loan guarantees as required under section
504(b)(1) of the Federal Credit Reform Act of 1990, the
Secretary may accept on behalf of an applicant for assistance
under this section a commitment from a non-Federal source to
fund in whole or in part credit risk premiums with respect to
the loan that is the subject of the application. In no event
[[Page 112 STAT. 474]]
shall the aggregate of appropriations of budget authority and
credit risk premiums described in this paragraph with respect to
a direct loan or loan guarantee be less than the cost of that
direct loan or loan guarantee.
``(2) Credit risk premium amount.--The Secretary shall
determine the amount required for credit risk premiums under
this subsection on the basis of--
``(A) the circumstances of the applicant, including
the amount of collateral offered;
``(B) the proposed schedule of loan disbursements;
``(C) historical data on the repayment history of
similar borrowers;
``(D) consultation with the Congressional Budget
Office; and
``(E) any other factors the Secretary considers
relevant.
``(3) Payment of premiums.--Credit risk premiums under this
subsection shall be paid to the Secretary before the
disbursement of loan amounts.
``(4) Cohorts of loans.--In order to maintain sufficient
balances of credit risk premiums to adequately protect the
Federal Government from risk of default, while minimizing the
length of time the Government retains possession of those
balances, the Secretary shall establish cohorts of loans. When
all obligations attached to a cohort of loans have been
satisfied, credit risk premiums paid for the cohort, and
interest accrued thereon, which were not used to mitigate losses
shall be returned to the original source on a pro rata basis.
``(g) Prerequisites for Assistance.--The Secretary shall not make a
direct loan or loan guarantee under this section unless the Secretary
has made a finding in writing that--
``(1) repayment of the obligation is required to be made
within a term of not more than 25 years from the date of its
execution;
``(2) the direct loan or loan guarantee is justified by the
present and probable future demand for rail services or
intermodal facilities;
``(3) the applicant has given reasonable assurances that the
facilities or equipment to be acquired, rehabilitated, improved,
developed, or established with the proceeds of the obligation
will be economically and efficiently utilized;
``(4) the obligation can reasonably be repaid, using an
appropriate combination of credit risk premiums and collateral
offered by the applicant to protect the Federal Government; and
``(5) the purposes of the direct loan or loan guarantee are
consistent with subsection (b).
``(h) Conditions of Assistance.--The Secretary shall, before
granting assistance under this section, require the applicant to agree
to such terms and conditions as are sufficient, in the judgment of the
Secretary, to ensure that, as long as any principal or interest is due
and payable on such obligation, the applicant, and any railroad or
railroad partner for whose benefit the assistance is intended--
``(1) will not use any funds or assets from railroad or
intermodal operations for purposes not related to such
operations, if such use would impair the ability of the
applicant,
[[Page 112 STAT. 475]]
railroad, or railroad partner to provide rail or intermodal
services in an efficient and economic manner, or would adversely
affect the ability of the applicant, railroad, or railroad
partner to perform any obligation entered into by the applicant
under this section;
``(2) will, consistent with its capital resources, maintain
its capital program, equipment, facilities, and operations on a
continuing basis; and
``(3) will not make any discretionary dividend payments that
unreasonably conflict with the purposes stated in subsection
(b).
``SEC. 503. <<NOTE: 45 USC 823 note.>> ADMINISTRATION OF DIRECT LOANS
AND LOAN GUARANTEES.
``(a) Applications.--The Secretary shall prescribe the form and
contents required of applications for assistance under section 502, to
enable the Secretary to determine the eligibility of the applicant's
proposal, and shall establish terms and conditions for direct loans and
loan guarantees made under that section.
``(b) Assignment of Loan Guarantees.--The holder of a loan guarantee
made under section 502 may assign the loan guarantee in whole or in
part, subject to such requirements as the Secretary may prescribe.
``(c) Modifications.--The Secretary may approve the modification of
any term or condition of a direct loan, loan guarantee, direct loan
obligation, or loan guarantee commitment, including the rate of
interest, time of payment of interest or principal, or security
requirements, if the Secretary finds in writing that--
``(1) the modification is equitable and is in the overall
best interests of the United States; and
``(2) consent has been obtained from the applicant and, in
the case of a loan guarantee or loan guarantee commitment, the
holder of the obligation.
``(d) Compliance.--The Secretary shall assure compliance, by an
applicant, any other party to the loan, and any railroad or railroad
partner for whose benefit assistance is intended, with the provisions of
this title, regulations issued hereunder, and the terms and conditions
of the direct loan or loan guarantee, including through regular periodic
inspections.
``(e) Commercial Validity.--For purposes of claims by any party
other than the Secretary, a loan guarantee or loan guarantee commitment
shall be conclusive evidence that the underlying obligation is in
compliance with the provisions of this title, and that such obligation
has been approved and is legal as to principal, interest, and other
terms. Such a guarantee or commitment shall be valid and incontestable
in the hands of a holder thereof, including the original lender or any
other holder, as of the date when the Secretary granted the application
therefor, except as to fraud or material misrepresentation by such
holder.
``(f) Default.--The Secretary <<NOTE: Regulations.>> shall
prescribe regulations setting forth procedures in the event of default
on a loan made or guaranteed under section 502. The Secretary shall
ensure that each loan guarantee made under that section contains terms
and conditions that provide that--
``(1) if a payment of principal or interest under the loan
is in default for more than 30 days, the Secretary shall pay
[[Page 112 STAT. 476]]
to the holder of the obligation, or the holder's agent, the
amount of unpaid guaranteed interest;
``(2) if the default has continued for more than 90 days,
the Secretary shall pay to the holder of the obligation, or the
holder's agent, 90 percent of the unpaid guaranteed principal;
``(3) after final resolution of the default, through
liquidation or otherwise, the Secretary shall pay to the holder
of the obligation, or the holder's agent, any remaining amounts
guaranteed but which were not recovered through the default's
resolution;
``(4) the Secretary shall not be required to make any
payment under paragraphs (1) through (3) if the Secretary finds,
before the expiration of the periods described in such
paragraphs, that the default has been remedied; and
``(5) the holder of the obligation shall not receive payment
or be entitled to retain payment in a total amount which,
together with all other recoveries (including any recovery based
upon a security interest in equipment or facilities) exceeds the
actual loss of such holder.
``(g) Rights of the Secretary.--
``(1) Subrogation.--If the Secretary makes payment to a
holder, or a holder's agent, under subsection (g) in connection
with a loan guarantee made under section 502, the Secretary
shall be subrogated to all of the rights of the holder with
respect to the obligor under the loan.
``(2) Disposition of property.--The Secretary may complete,
recondition, reconstruct, renovate, repair, maintain, operate,
charter, rent, sell, or otherwise dispose of any property or
other interests obtained pursuant to this section. The Secretary
shall not be subject to any Federal or State regulatory
requirements when carrying out this paragraph.
``(h) Action Against Obligor.--The Secretary may bring a civil
action in an appropriate Federal court in the name of the United States
in the event of a default on a direct loan made under section 502, or in
the name of the United States or of the holder of the obligation in the
event of a default on a loan guaranteed under section 502. The holder of
a guarantee shall make available to the Secretary all records and
evidence necessary to prosecute the civil action. The Secretary may
accept property in full or partial satisfaction of any sums owed as a
result of a default. If the Secretary receives, through the sale or
other disposition of such property, an amount greater than the aggregate
of--
``(1) the amount paid to the holder of a guarantee under
subsection (g) of this section; and
``(2) any other cost to the United States of remedying the
default,
the Secretary shall pay such excess to the obligor.
``(i) Breach of Conditions.--The Attorney General shall commence a
civil action in an appropriate Federal court to enjoin any activity
which the Secretary finds is in violation of this title, regulations
issued hereunder, or any conditions which were duly agreed to, and to
secure any other appropriate relief.
[[Page 112 STAT. 477]]
``(j) Attachment.--No attachment or execution may be issued against
the Secretary, or any property in the control of the Secretary, prior to
the entry of final judgment to such effect in any State, Federal, or
other court.
``(k) Investigation Charge.--The Secretary may charge and collect
from each applicant a reasonable charge for appraisal of the value of
the equipment or facilities for which the direct loan or loan guarantee
is sought, and for making necessary determinations and findings. Such
charge shall not aggregate more than one-half of 1 percent of the
principal amount of the obligation.'';
(2) <<NOTE: 45 USC 8253et seq.>> by striking sections 505
through 515 (other than 511(c)), 517, and 518;
(3) in section 511(c) <<NOTE: 45 USC 831.>> by striking
``this section'' and inserting ``section 502'';
(4) by moving subsection (c) of section 511 (as amended by
paragraph (3) of this section) from section 511 to section 503
(as inserted by paragraph (1) of this section), <<NOTE: 45 USC
831, 823.>> inserting it after subsection (a), and
redesignating it as subsection (b); and
(5) by redesignating section 516 as section 504. <<NOTE: 45
USC 836.>>
(b) Technical and Conforming Provisions.--
(1) Table of contents.--The table of contents of title V of
the Railroad Revitalization and Regulatory Reform Act of 1976 is
amended by striking the items relating to sections 502 through
518 and inserting the following:
``Sec. 502. Direct loans and loan guarantees.
``Sec. 503. Administration of direct loans and loan guarantees.
``Sec. 504. Employee protection.''.
(2) <<NOTE: 45 USC 821 note.>> Savings provision.--A
transaction entered into under the authority of title V of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.) before the date of enactment of this Act
shall be administered until completion under its terms as if
this Act were not enacted.
(3) Repeal.--Section 211(i) of the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 721(i)) is repealed.
SEC. 7204. ALASKA RAILROAD. <<NOTE: 45 USC 1207 note.>>
(a) Grants.--The Secretary may make grants to the Alaska Railroad
for capital rehabilitation of and improvements to its passenger
services.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,250,000 for each of fiscal
years 1998 through 2003.
Subtitle C--Comprehensive One-Call Notification
SEC. 7301. FINDINGS. <<NOTE: 49 USC 6101 note.>>
Congress finds that--
(1) unintentional damage to underground facilities during
excavation is a significant cause of disruptions in
telecommunications, water supply, electric power, and other
vital public services, such as hospital and air traffic control
operations, and is a leading cause of natural gas and hazardous
liquid pipeline accidents;
[[Page 112 STAT. 478]]
(2) excavation that is performed without prior notification
to an underground facility operator or with inaccurate or
untimely marking of such a facility prior to excavation can
cause damage that results in fatalities, serious injuries, harm
to the environment and disruption of vital services to the
public; and
(3) protection of the public and the environment from the
consequences of underground facility damage caused by
excavations will be enhanced by a coordinated national effort to
improve one-call notification programs in each State and the
effectiveness and efficiency of one-call notification systems
that operate under such programs.
SEC. 7302. ONE-CALL NOTIFICATION PROGRAMS.
(a) In General.--Subtitle III of title 49, United States Code, is
amended by adding at the end thereof the following:
``CHAPTER 61--ONE-CALL NOTIFICATION PROGRAMS
``Sec.
``6101. Purposes.
``6102. Definitions.
``6103. Minimum standards for State one-call notification programs.
``6104. Compliance with minimum standards.
``6105. Review of one-call system best practices.
``6106. Grants to States.
``6107. Authorization of appropriations.
``6108. Relationship to State laws.
``Sec. 6101. Purposes
``The purposes of this chapter are--
``(1) to enhance public safety;
``(2) to protect the environment;
``(3) to minimize risks to excavators; and
``(4) to prevent disruption of vital public services,
by reducing the incidence of damage to underground facilities during
excavation through the voluntary adoption and efficient implementation
by all States of State one-call notification programs that meet the
minimum standards set forth under section 6103.
``Sec. 6102. Definitions
``In this chapter, the following definitions apply:
``(1) One-call notification system.--The term `one-call
notification system' means a system operated by an organization
that has as 1 of its purposes to receive notification from
excavators of intended excavation in a specified area in order
to disseminate such notification to underground facility
operators that are members of the system so that such operators
can locate and mark their facilities in order to prevent damage
to underground facilities in the course of such excavation.
``(2) State one-call notification program.--The term `State
one-call notification program' means the State statutes,
regulations, orders, judicial decisions, and other elements of
law and policy in effect in a State that establish the
requirements for the operation of one-call notification systems
in such State.
``(3) State.--The term `State' means a State, the District
of Columbia, and Puerto Rico.
``(4) Secretary.--The term `Secretary' means the Secretary
of Transportation.
[[Page 112 STAT. 479]]
``Sec. 6103. Minimum standards for State one-call notification programs
``(a) Minimum Standards.--In order to qualify for a grant under
section 6106, a State one-call notification program shall, at a minimum,
provide for--
``(1) appropriate participation by all underground facility
operators;
``(2) appropriate participation by all excavators; and
``(3) flexible and effective enforcement under State law
with respect to participation in, and use of, one-call
notification systems.
``(b) Appropriate Participation.--In determining the appropriate
extent of participation required for types of underground facilities or
excavators under subsection (a), a State shall assess, rank, and take
into consideration the risks to the public safety, the environment,
excavators, and vital public services associated with--
``(1) damage to types of underground facilities; and
``(2) activities of types of excavators.
``(c) Implementation.--A State one-call notification program also
shall, at a minimum, provide for--
``(1) consideration of the ranking of risks under subsection
(b) in the enforcement of its provisions;
``(2) a reasonable relationship between the benefits of one-
call notification and the cost of implementing and complying
with the requirements of the State one-call notification
program; and
``(3) voluntary participation where the State determines
that a type of underground facility or an activity of a type of
excavator poses a de minimis risk to public safety or the
environment.
``(d) Penalties.--To the extent the State determines appropriate and
necessary to achieve the purposes of this chapter, a State one-call
notification program shall, at a minimum, provide for--
``(1) administrative or civil penalties commensurate with
the seriousness of a violation by an excavator or facility owner
of a State one-call notification program;
``(2) increased penalties for parties that repeatedly damage
underground facilities because they fail to use one-call
notification systems or for parties that repeatedly fail to
provide timely and accurate marking after the required call has
been made to a one-call notification system;
``(3) reduced or waived penalties for a violation of a
requirement of a State one-call notification program that
results in, or could result in, damage that is promptly reported
by the violator;
``(4) equitable relief; and
``(5) citation of violations.
``Sec. 6104. Compliance with minimum standards
``(a) Requirement.--In order to qualify for a grant under section
6106, each State shall submit to the Secretary a grant application under
subsection (b). The State shall submit the application not later than 2
years after the date of enactment of this chapter.
``(b) Application.--
[[Page 112 STAT. 480]]
``(1) Upon application by a State, the Secretary shall
review that State's one-call notification program, including the
provisions for the implementation of the program and the record
of compliance and enforcement under the program.
``(2) Based on the review under paragraph (1), the Secretary
shall determine whether the State's one-call notification
program meets the minimum standards for such a program set forth
in section 6103 in order to qualify for a grant under section
6106.
``(3) In order to expedite compliance under this section,
the Secretary may consult with the State as to whether an
existing State one-call notification program, a specific
modification thereof, or a proposed State program would result
in a positive determination under paragraph (2).
``(4) The Secretary shall prescribe the form and manner of
filing an application under this section that shall provide
sufficient information about a State's one-call notification
program for the Secretary to evaluate its overall effectiveness.
Such information may include the nature and reasons for
exceptions from required participation, the types of enforcement
available, and such other information as the Secretary deems
necessary.
``(5) The application of a State under paragraph (1) and the
record of actions of the Secretary under this section shall be
available to the public.
``(c) Alternative Program.--A State is eligible to receive a grant
under section 6106 if the State maintains an alternative one-call
notification program that provides protection for public safety,
excavators, and the environment that is equivalent to, or greater than,
protection provided under a program that meets the minimum standards set
forth in section 6103.
``(d) Report.--Within 3 years after the date of the enactment of
this chapter, the Secretary shall begin to include the following
information in reports submitted under section 60124 of this title--
``(1) a description of the extent to which each State has
adopted and implemented the minimum Federal standards under
section 6103 or maintains an alternative program under
subsection (c);
``(2) an analysis by the Secretary of the overall
effectiveness of each State's one-call notification program and
the one-call notification systems operating under such program
in achieving the purposes of this chapter;
``(3) the impact of each State's decisions on the extent of
required participation in one-call notification systems on
prevention of damage to underground facilities; and
``(4) areas where improvements are needed in one-call
notification systems in operation in each State.
The report shall also include any recommendations the Secretary
determines appropriate. If the Secretary determines that the purposes of
this chapter have been substantially achieved, no further report under
this section shall be required.
``Sec. 6105. Review of one-call system best practices
``(a) Study of Existing One-Call Systems.--Except as provided in
subsection (d), the Secretary, in consultation with other appropriate
Federal agencies, State agencies, one-call notification system
operators, underground facility operators, excavators, and
[[Page 112 STAT. 481]]
other interested parties, shall undertake a study of damage prevention
practices associated with existing one-call notification systems.
``(b) Purpose of Study of Damage Prevention Practices.--The purpose
of the study is to gather information in order to determine which
existing one-call notification systems practices appear to be the most
effective in protecting the public, excavators, and the environment and
in preventing disruptions to public services and damage to underground
facilities. As part of the study, the Secretary shall consider, at a
minimum--
``(1) the methods used by one-call notification systems and
others to encourage participation by excavators and owners of
underground facilities;
``(2) the methods by which one-call notification systems
promote awareness of their programs, including use of public
service announcements and educational materials and programs;
``(3) the methods by which one-call notification systems
receive and distribute information from excavators and
underground facility owners;
``(4) the use of any performance and service standards to
verify the effectiveness of a one-call notification system;
``(5) the effectiveness and accuracy of mapping used by one-
call notification systems;
``(6) the relationship between one-call notification systems
and preventing damage to underground facilities;
``(7) how one-call notification systems address the need for
rapid response to situations where the need to excavate is
urgent;
``(8) the extent to which accidents occur due to errors in
marking of underground facilities, untimely marking or errors in
the excavation process after a one-call notification system has
been notified of an excavation;
``(9) the extent to which personnel engaged in marking
underground facilities may be endangered;
``(10) the characteristics of damage prevention programs the
Secretary believes could be relevant to the effectiveness of
State one-call notification programs; and
``(11) the effectiveness of penalties and enforcement
activities under State one-call notification programs in
obtaining compliance with program requirements.
``(c) Report.--Within 1 year after the date of the enactment of this
chapter, the Secretary shall publish a report identifying those
practices of one-call notification systems that are the most and least
successful in--
``(1) preventing damage to underground facilities; and
``(2) providing effective and efficient service to
excavators and underground facility operators.
The Secretary shall encourage each State and operator of one-call
notification programs to adopt and implement those practices identified
in the report that the State determines are the most appropriate.
``(d) Secretarial Discretion.--Prior to undertaking the study
described in subsection (a), the Secretary shall determine whether
timely information described in subsection (b) is readily available. If
the Secretary determines that such information is readily available, the
Secretary is not required to carry out the study.
[[Page 112 STAT. 482]]
``Sec. 6106. Grants to States
``(a) In General.--The Secretary may make a grant of financial
assistance to a State that qualifies under section 6104(b) to assist in
improving--
``(1) the overall quality and effectiveness of one-call
notification systems in the State;
``(2) communications systems linking one-call notification
systems;
``(3) location capabilities, including training personnel
and developing and using location technology;
``(4) record retention and recording capabilities for one-
call notification systems;
``(5) public information and education;
``(6) participation in one-call notification systems; or
``(7) compliance and enforcement under the State one-call
notification program.
``(b) State Action Taken Into Account.--In making grants under this
section, the Secretary shall take into consideration the commitment of
each State to improving its State one-call notification program,
including legislative and regulatory actions taken by the State after
the date of enactment of this chapter.
``(c) Funding for One-Call Notification Systems.--A State may
provide funds received under this section directly to any one-call
notification system in such State that substantially adopts the best
practices identified under section 6105.
``Sec. 6107. Authorization of appropriations
``(a) For Grants to States.--There are authorized to be appropriated
to the Secretary to provide grants to States under section 6106
$1,000,000 for fiscal year 2000 and $5,000,000 for fiscal year 2001.
Such funds shall remain available until expended.
``(b) For Administration.--There are authorized to be appropriated
to the Secretary such sums as may be necessary to carry out sections
6103, 6104, and 6105 for fiscal years 1999, 2000, and 2001.
``(c) General Revenue Funding.--Any sums appropriated under this
section shall be derived from general revenues and may not be derived
from amounts collected under section 60301 of this title.
``Sec. 6108. Relationship to State laws
``Nothing in this chapter preempts State law or shall impose a new
requirement on any State or mandate revisions to a one-call system.''.
(b) Conforming Amendment.--The table of chapters for subtitle III of
such title is amended by adding at the end thereof the following:
``61. ONE-CALL NOTIFICATION PROGRAMS.............................6101''.
<<NOTE: Sportfishing and Boating Safety Act of 1998.>> Subtitle D--
Sportfishing and Boating Safety
SEC. 7401. SHORT TITLE; AMENDMENT OF 1950 ACT.
(a) <<NOTE: 16 USC 777 note.>> Short Title.--This subtitle may be
cited as the ``Sportfishing and Boating Safety Act of 1998''.
[[Page 112 STAT. 483]]
(b) Amendment of 1950 Act.--Whenever in this subtitle an amendment
or repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision of the 1950 Act, the reference shall be
considered to be made to a section or other provision of the Act
entitled ``An Act to provide that the United States shall aid the States
in fish restoration and management projects, and for other purposes,''
approved August 9, 1950 (16 U.S.C. 777 et seq.).
SEC. 7402. OUTREACH AND COMMUNICATIONS PROGRAMS.
(a) Definitions.--Section 2 of the 1950 Act (16 U.S.C. 777a) is
amended--
(1) by indenting the left margin of so much of the text as
precedes ``(a)'' by 2 ems;
(2) by inserting ``For purposes of this Act--'' after the
section heading;
(3) by striking ``For the purpose of this Act the'' in the
first paragraph and inserting ``(1) the'';
(4) by indenting the left margin of so much of the text as
follows ``include--'' by 4 ems;
(5) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and
inserting ``(A)'', ``(B)'', ``(C)'', and ``(D)'', respectively;
(6) by striking ``department.'' and inserting
``department;''; and
(7) by adding at the end the following:
``(2) the term `outreach and communications program' means a
program to improve communications with anglers, boaters, and the
general public regarding angling and boating opportunities, to
reduce barriers to participation in these activities, to advance
adoption of sound fishing and boating practices, to promote
conservation and the responsible use of the Nation's aquatic
resources, and to further safety in fishing and boating; and
``(3) the term `aquatic resource education program' means a
program designed to enhance the public's understanding of
aquatic resources and sportfishing, and to promote the
development of responsible attitudes and ethics toward the
aquatic environment.''.
(b) Funding for Outreach and Communications Program.--Section 4 of
the 1950 Act (16 U.S.C. 777c) is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively;
(2) by inserting after subsection (b) the following:
``(c) National Outreach and Communications Program.--Of the balance
of each such annual appropriation remaining after making the
distribution under subsections (a) and (b), respectively, an amount
equal to--
``(1) $5,000,000 for fiscal year 1999;
``(2) $6,000,000 for fiscal year 2000;
``(3) $7,000,000 for fiscal year 2001;
``(4) $8,000,000 for fiscal year 2002; and
``(5) $10,000,000 for fiscal year 2003;
shall be used for the National Outreach and Communications Program under
section 8(d). Such amounts shall remain available for 3 fiscal years,
after which any portion thereof that is unobligated by the Secretary of
the Interior for that program may be expended by the Secretary under
subsection (e).'';
[[Page 112 STAT. 484]]
(3) in subsection (d), as redesignated, by inserting ``, for
an outreach and communications program'' after ``Act'';
(4) in subsection (d), as redesignated, by striking
``subsections (a) and (b),'' and inserting ``subsections (a),
(b), and (c),'';
(5) by adding at the end of subsection (d), as redesignated,
the following: ``Of the sum available to the Secretary of the
Interior under this subsection for any fiscal year, up to
$2,500,000 may be used for the National Outreach and
Communications Program under section 8(d) in addition to the
amount available for that program under subsection (c). No funds
available to the Secretary under this subsection may be used to
replace funding traditionally provided through general
appropriations, nor for any purposes except those purposes
authorized by this Act. The Secretary <<NOTE: Federal Register,
publication.>> shall publish a detailed accounting of the
projects, programs, and activities funded under this subsection
annually in the Federal Register.''; and
(6) in subsection (e), as redesignated, by striking
``subsections (a), (b), and (c),'' and inserting ``subsections
(a), (b), (c), and (d),''.
(c) Increase in State Allocation.--Section 8 of the 1950 Act (16
U.S.C. 777g) is amended--
(1) by striking ``12 1/2 percentum'' each place it appears
in subsection (b) and inserting ``15 percent'';
(2) by striking ``10 percentum'' in subsection (c) and
inserting ``15 percent'';
(3) by inserting ``and communications'' in subsection (c)
after ``outreach''; and
(4) by redesignating subsection (d) as subsection (f); and
by inserting after subsection (c) the following:
``(d) National Outreach and Communications Program.--
``(1) Implementation.--Within 1 year after the date of
enactment of the Sportfishing and Boating Safety Act of 1998,
the Secretary of the Interior shall develop and implement, in
cooperation and consultation with the Sport Fishing and Boating
Partnership Council, a national plan for outreach and
communications.
``(2) Content.--The plan shall provide--
``(A) guidance, including guidance on the
development of an administrative process and funding
priorities, for outreach and communications programs;
and
``(B) for the establishment of a national program.
``(3) Secretary may match or fund programs.--Under the plan,
the Secretary may obligate amounts available under subsection
(c) or (d) of section 4 of this Act--
``(A) to make grants to any State or private entity
to pay all or any portion of the cost of carrying out
any outreach and communications program under the plan;
or
``(B) to fund contracts with States or private
entities to carry out such a program.
``(4) Review.--The plan shall be reviewed periodically, but
not less frequently than once every 3 years.
``(e) State Outreach and Communications Program.--Within 12 months
after the completion of the national plan under subsection (d)(1), a
State shall develop a plan for an outreach and
[[Page 112 STAT. 485]]
communications program and submit it to the Secretary. In developing the
plan, a State shall--
``(1) review the national plan developed under subsection
(d);
``(2) consult with anglers, boaters, the sportfishing and
boating industries, and the general public; and
``(3) establish priorities for the State outreach and
communications program proposed for implementation.''.
SEC. 7403. CLEAN VESSEL ACT FUNDING.
Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended to read
as follows:
``(b) Use of Balance After Distribution.--
``(1) Fiscal year 1998.--In fiscal year 1998, an amount
equal to $20,000,000 of the balance remaining after the
distribution under subsection (a) shall be transferred to the
Secretary of Transportation and shall be expended for State
recreational boating safety programs under section 13106(a)(1)
of title 46, United States Code.
``(2) Fiscal year 1999.--For fiscal year 1999, of the
balance of each annual appropriation remaining after making the
distribution under subsection (a), an amount equal to
$74,000,000, reduced by 82 percent of the amount appropriated
for that fiscal year from the Boat Safety Account of the Aquatic
Resources Trust Fund established by section 9504 of the Internal
Revenue Code of 1986 to carry out the purposes of section
13106(a) of title 46, United States Code, shall be used as
follows:
``(A) $10,000,000 shall be available to the
Secretary of the Interior for 3 fiscal years for
obligation for qualified projects under section 5604(c)
of the Clean Vessel Act of 1992 (33 U.S.C. 1322 note).
``(B) The balance remaining after the application of
subparagraph (A) shall be transferred to the Secretary
of Transportation and shall be expended for State
recreational boating safety programs under section 13106
of title 46, United States Code.
``(3) Fiscal years 2000-2003.--For each of fiscal years 2000
through 2003, of the balance of each annual appropriation
remaining after making the distribution under subsection (a), an
amount equal to $82,000,000, reduced by 82 percent of the amount
appropriated for that fiscal year from the Boat Safety Account
of the Aquatic Resources Trust Fund established by section 9504
of the Internal Revenue Code of 1986 to carry out the purposes
of section 13106(a) of title 46, United States Code, shall be
used as follows:
``(A) $10,000,000 shall be available for each fiscal
year to the Secretary of the Interior for 3 fiscal years
for obligation for qualified projects under section
5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322
note).
``(B) $8,000,000 shall be available for each fiscal
year to the Secretary of the Interior for 3 fiscal years
for obligation for qualified projects under section
6404(d) of the Sportfishing and Boating Safety Act of
1998.
``(C) The balance remaining after the application of
subparagraphs (A) and (B) shall be transferred for each
such fiscal year to the Secretary of Transportation and
[[Page 112 STAT. 486]]
shall be expended for State recreational boating safety
programs under section 13106 of title 46, United States
Code.
``(4) Transfer of certain funds.--Amounts available under
subparagraph (A) of paragraph (2) and subparagraphs (A) and (B)
of paragraph (3) that are unobligated by the Secretary of the
Interior after 3 fiscal years shall be transferred to the
Secretary of Transportation and shall be expended for State
recreational boating safety programs under section 13106(a) of
title 46, United States Code.''.
SEC. <<NOTE: 16 USC 777g-1.>> 7404. BOATING INFRASTRUCTURE.
(a) Purpose.--The purpose of this section is to provide funds to
States for the development and maintenance of facilities for transient
nontrailerable recreational vessels.
(b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as amended
by section 6402, is amended by adding at the end thereof the following:
``(g) Surveys.--
``(1) National framework.--Within 6 months after the date of
enactment of the Sportfishing and Boating Safety Act of 1998,
the Secretary, in consultation with the States, shall adopt a
national framework for a public boat access needs assessment
which may be used by States to conduct surveys to determine the
adequacy, number, location, and quality of facilities providing
access to recreational waters for all sizes of recreational
boats.
``(2) State surveys.--Within 18 months after such date of
enactment, each State that agrees to conduct a public boat
access needs survey following the recommended national framework
shall report its findings to the Secretary for use in the
development of a comprehensive national assessment of
recreational boat access needs and facilities.
``(3) Exception.--Paragraph (2) does not apply to a State
if, within 18 months after such date of enactment, the Secretary
certifies that the State has developed and is implementing a
plan that ensures there are and will be public boat access
adequate to meet the needs of recreational boaters on its
waters.
``(4) Funding.--A State that conducts a public boat access
needs survey under paragraph (2) may fund the costs of
conducting that assessment out of amounts allocated to it as
funding dedicated to motorboat access to recreational waters
under subsection (b)(1) of this section.''.
(c) Plan.--Within 6 months after submitting a survey to the
Secretary under section 8(g) of the Act entitled ``An Act to provide
that the United States shall aid the States in fish restoration and
management projects, and for other purposes,'' approved August 9, 1950
(16 U.S.C. 777g(g)), as added by subsection (b) of this section, a State
may develop and submit to the Secretary a plan for the construction,
renovation, and maintenance of facilities for transient nontrailerable
recreational vessels, and access to those facilities, to meet the needs
of nontrailerable recreational vessels operating on navigable waters in
the State.
(d) Grant Program.--
(1) Matching grants.--The Secretary of the Interior shall
obligate amounts made available under section 4(b)(3)(B) of the
Act entitled ``An Act to provide that the United States
[[Page 112 STAT. 487]]
shall aid the States in fish restoration and management
projects, and for other purposes,'' approved August 9, 1950, as
amended by this Act, to make grants to any State to pay not more
than 75 percent of the cost to a State of constructing,
renovating, or maintaining facilities for transient
nontrailerable recreational vessels.
(2) Priorities.--In awarding grants under paragraph (1), the
Secretary shall give priority to projects that--
(A) consist of the construction, renovation, or
maintenance of facilities for transient nontrailerable
recreational vessels in accordance with a plan submitted
by a State under subsection (c);
(B) provide for public/private partnership efforts
to develop, maintain, and operate facilities for
transient nontrailerable recreational vessels; and
(C) propose innovative ways to increase the
availability of facilities for transient nontrailerable
recreational vessels.
(e) Definitions.--For purposes of this section, the term--
(1) ``nontrailerable recreational vessel'' means a
recreational vessel 26 feet in length or longer--
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the
latter's pleasure;
(2) ``facilities for transient nontrailerable recreational
vessels'' includes mooring buoys, day-docks, navigational aids,
seasonal slips, safe harbors, or similar structures located on
navigable waters, that are available to the general public (as
determined by the Secretary of the Interior) and designed for
temporary use by nontrailerable recreational vessels; and
(3) ``State'' means each of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
SEC. 7405. BOAT SAFETY FUNDS.
(a) Availability of Allocations.--Section 13104(a) of title 46,
United States Code, is amended--
(1) in paragraph (1), by striking ``3 years'' and inserting
``2 years''; and
(2) in paragraph (2), by striking ``3-year'' and inserting
``2-year''.
(b) Expenditures.--Section 13106 of title 46, United States Code, is
amended--
(1) by striking the first sentence of subsection (a)(1) and
inserting the following: ``Subject to paragraph (2) and
subsection (c), the Secretary shall expend in each fiscal year
for State recreational boating safety programs, under contracts
with States under this chapter, an amount equal to the sum of
(A) the amount appropriated from the Boat Safety Account for
that fiscal year and (B) the amount transferred to the Secretary
under section 4(b) of the Act of August 9, 1950 (16 U.S.C.
777c(b)).'';
(2) in subsection (a)(2), by striking ``appropriated'' and
inserting ``available''; and
(3) by striking subsection (c) and inserting the following:
``(c) Of the amount transferred for each fiscal year to the
Secretary of Transportation under paragraphs (2) and (3) of section
[[Page 112 STAT. 488]]
4(b) of the Act of August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000 is
available to the Secretary for payment of expenses of the Coast Guard
for personnel and activities directly related to coordinating and
carrying out the national recreational boating safety program under this
title, of which $2,000,000 shall be available to the Secretary only to
ensure compliance with chapter 43 of this title. No funds available to
the Secretary under this subsection may be used to replace funding
traditionally provided through general appropriations, nor for any
purposes except those purposes authorized by this section. Amounts made
available by this subsection shall remain available until expended. The
Secretary <<NOTE: Federal Register, publication.>> shall publish
annually in the Federal Register a detailed accounting of the projects,
programs, and activities funded under this subsection.''.
(c) Conforming Amendments.--
(1) The heading for section 13106 of title 46, United States
Code, is amended to read as follows:
``Sec. 13106. Authorization of appropriations''.
(2) The chapter analysis for chapter 131 of title 46, United
States Code, is amended by striking the item relating to section
13106 and inserting the following:
``13106. Authorization of appropriations.''.
TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND BUDGET
OFFSETS
Subtitle A--Transportation Discretionary Spending Guarantee
SEC. 8101. DISCRETIONARY SPENDING CATEGORIES.
(a) Establishment of Separate Categories.--Section 251(c) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is
amended <<NOTE: 2 USC 901.>> as follows:
(1) FY1999.--In paragraph (3), strike ``and'' at the end of
subparagraph (B) and after subparagraph (C) add the following
new subparagraphs:
``(D) for the highway category: $21,885,000,000 in
outlays; and
``(E) for the mass transit category: $4,401,000,000
in outlays;''.
(2) FY2000.--In paragraph (4), strike ``and'' at the end of
subparagraph (A) and at the end add the following new
subparagraphs:
``(C) for the highway category: $24,436,000,000 in
outlays; and
``(D) for the mass transit category: $4,761,000,000
in outlays;''.
(3) FY2001.--In paragraph (5), strike the comma and insert
``--'' after ``2001'', insert ``(A)'' before ``for'' and indent
the new subparagraph and move it 2 ems to the right, strike
``and'' at the end of such subparagraph, and at the end add the
following new subparagraphs:
[[Page 112 STAT. 489]]
``(B) for the highway category: $26,204,000,000 in
outlays; and
``(C) for the mass transit category: $5,190,000,000
in outlays;''.
(4) FY2002.--In paragraph (6), strike the comma and insert
``--'' after ``2002'', insert ``(A)'' before ``for'', indent the
new subparagraph and move it 2 ems to the right, and add at the
end the following new subparagraphs:
``(B) for the highway category: $26,977,000,000 in
outlays; and
``(C) for the mass transit category: $5,709,000,000
in outlays; and''.
(5) FY2003.--After paragraph (6), add the following new
paragraph:
``(7) with respect to fiscal year 2003--
``(A) for the highway category: $27,728,000,000 in
outlays; and
``(B) for the mass transit category: $6,256,000,000
in outlays.''.
(b) <<NOTE: 2 USC 901 note.>> Offsetting Adjustment in
Discretionary Spending
Limits.--
(1) Adjustment of nondefense category for fy1999.--The
discretionary spending limit set forth in section 251(c)(3)(B)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as adjusted in conformance with section 251(b) of that
Act, is reduced by $859,000,000 in new budget authority and
$25,173,000,000 in outlays.
(2) Adjustment of discretionary category for fy2000.--The
discretionary spending limit set forth in section 251(c)(4)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985, as adjusted in conformance with section 251(b) of that
Act, is reduced by $859,000,000 in new budget authority and
$26,045,000,000 in outlays.
(3) Adjustment of discretionary spending limit for fy2001.--
The discretionary spending limit set forth in section
251(c)(5)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as adjusted in conformance with section
251(b) of that Act, is reduced by $859,000,000 in new budget
authority and $26,329,000,000 in outlays.
(4) Adjustment of discretionary spending limit for fy2002.--
The discretionary spending limit set forth in section
251(c)(6)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as adjusted in conformance with section
251(b) of that Act, is reduced by $859,000,000 in new budget
authority and $26,675,000,000 in outlays.
(c) Definitions of Highway Category and Mass Transit Category.--
Section 250(c)(4) of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended <<NOTE: 2 USC 900.>> by inserting ``(A)'' after
``(4)'' and by adding at the end the following new subparagraphs:
``(B) The term `highway category' refers to the following
budget accounts or portions thereof that are subject to the
obligation limitations on contract authority set forth in the
Transportation Equity Act for the 21st Century:
``(i) 69-8083-0-7-401 (Federal-Aid Highways).
``(ii) 69-8020-0-7-401 (Highway Traffic Safety
Grants).
[[Page 112 STAT. 490]]
``(iii) 69-8048-0-7-401 (National Motor Carrier
Safety Program).
``(iv) 69-8016-0-7-401 (Operations and Research
NHTSA).
``(C) The term `mass transit category' refers to the
following budget accounts or portions thereof that are subject
to the obligation limitations on contract authority provided in
the Transportation Equity Act for the 21st Century and for which
appropriations are provided pursuant to authorizations contained
in that Act (except that appropriations provided pursuant to
section 5338(h) of title 49, United States Code, as amended by
this section, shall not be included in this category):
``(i) 69-8191-0-7-401 (Mass Transit Capital Fund).
``(ii) 69-8350-0-7-401 (Trust Fund Share of
Expenses).
``(iii) 69-1129-0-1-401 (Formula Grants).
``(iv) 69-1120-0-1-401 (Administrative Expenses).
``(v) 69-1136-0-1-401 (University Transportation
Centers).
``(vi) 69-1137-0-1-401 (Transit Planning and
Research).
``(D) Special rule.--(i) Any outlays in excess of the
discretionary spending limit set forth in section 251(c) for the
highway or mass transit category, as adjusted, for the budget
year shall be considered nondefense category outlays or
discretionary category outlays.
``(ii) If the obligation limitations for accounts in the
highway or mass transit category provided in an appropriation
Act for a fiscal year exceed the obligation limitations set
forth in section 8103 of the Transportation Equity Act for the
21st Century for that year, as adjusted, the estimated outlays
flowing for each outyear from such excess obligations calculated
pursuant to clause (iii) shall be attributed to the
discretionary category in that outyear.
``(iii) For purposes of clause (ii), outlays from excess
obligations shall be determined using the average of the
spendout rates for that category in the baseline.''.
(d) Adjustment to Highway and Mass Transit Categories.--Section
251(b)(1) of the Balanced Budget and Emergency Deficit Control Act of
1985 is amended <<NOTE: 2 USC 901.>> by--
(1) striking ``When'' and inserting:
``(A) Concepts and definitions.--When''; and
(2) adding at the end the following:
``(B) Adjustment to align highway spending with
revenues.--(i) When the President submits the budget
under section 1105 of title 31, United States Code, OMB
shall calculate and the budget shall include adjustments
to the highway category for the budget year and each
outyear as provided in clause (ii)(I)(cc).
``(ii)(I)(aa) OMB shall take the actual level of
highway receipts for the year before the current year
and subtract the sum of the estimated level of highway
receipts in subclause (II) plus any amount previously
calculated under item (bb) for that year.
``(bb) OMB shall take the current estimate of
highway receipts for the budget year and subtract the
estimated level of receipts for that year.
[[Page 112 STAT. 491]]
``(cc) OMB shall take the sum of the amounts
calculated under items (aa) and (bb), add that sum to
the amount of obligations set forth in section 8103 of
the Transportation Equity Act for the 21st Century for
the highway category for the budget year, and calculate
the outlay change resulting from that change in
obligations relative to that amount for the budget year
and each outyear using current estimates. After making
the calculation under the preceding sentence, OMB shall
adjust the amount of obligations set forth in that
section for the budget year by adding the sum of the
amounts calculated under items (aa) and (bb).
``(II) The estimated level of highway receipts for
the purposes of this clause are--
``(aa) for fiscal year 1998, $22,164,000,000;
``(bb) for fiscal year 1999, $32,619,000,000;
``(cc) for fiscal year 2000, $28,066,000,000;
``(dd) for fiscal year 2001, $28,506,000,000;
``(ee) for fiscal year 2002, $28,972,000,000;
and
``(ff) for fiscal year 2003, $29,471,000,000.
``(III) In this clause, the term `highway receipts'
means the governmental receipts credited to the highway
account of the Highway Trust Fund.
``(C)(i) In addition to the adjustment required by
subparagraph (B), when the President submits the budget under
section 1105 of title 31, United States Code, for fiscal years
2000, 2001, 2002, or 2003, OMB shall calculate and the budget
shall include for the budget year and each outyear an adjustment
to the limits on outlays for the highway category and the mass
transit category equal to--
``(I) the outlays for the applicable category
calculated assuming obligation levels consistent with
the estimates prepared pursuant to subparagraph (D), as
adjusted, using current technical assumptions; minus
``(II) the outlays for the applicable category set
forth in the subparagraph (D) estimates, as adjusted.
``(ii) The adjustment made pursuant to clause (i) in the
fiscal years 2002 and 2003 budget submissions of the President
under section 1105(a) of title 31, United States Code, shall not
exceed 4 percent plus cumulative carryovers. In this clause, the
term `cumulative carryovers' means the total of each amount by
which outlays for the highway and mass transit category for any
fiscal year are less than the outlay limit for that category, as
adjusted, for that year less any amount of carryover used in the
previous year.
``(D)(i) When OMB and CBO submit their final sequester
report for fiscal year 1999, that report shall include an
estimate of the outlays for each of the categories that would
result in fiscal years 2000 through 2003 from obligations at the
levels specified in section 8103 of the Transportation Equity
Act for the 21st Century using current assumptions.
``(ii) When the President submits the budget under section
1105 of title 31, United States Code, for fiscal years 2000,
2001, 2002, or 2003, OMB shall adjust the estimates made in
clause (i) by the adjustments by subparagraphs (B) and (C).
[[Page 112 STAT. 492]]
``(E) OMB shall consult with the Committees on the Budget
and include a report on adjustments under subparagraphs (B) and
(C) in the preview report.''.
(e) Enforcement of Guarantee.--Rule XXI of the Rules of the House of
Representatives is amended by adding at the end the following new
clause:
``9. It shall not be in order to consider any bill or joint
resolution, or any amendment thereto or conference report thereon, that
would cause obligation limitations to be below the level for any fiscal
year set forth in section 8103 of the Transportation Equity Act for the
21st Century, as adjusted, for the highway category or the mass transit
category, as applicable.''.
SEC. <<NOTE: 2 USC 902 note.>> 8102. CONFORMING THE PAYGO SCORECARD
WITH THIS ACT.
Upon the enactment of this Act, the Director of the Office of
Management and Budget shall not make any estimates under section 252(d)
of the Balanced Budget and Emergency Deficit Control Act of 1985 of
changes in direct spending outlays and receipts for any fiscal year
resulting from this title.
SEC. <<NOTE: 2 USC 901 note.>> 8103. LEVEL OF OBLIGATION LIMITATIONS.
(a) Highway Category.--For the purposes of section 251(b) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the level of
obligation limitations for the highway category is--
(1) for fiscal year 1999, $25,883,000,000;
(2) for fiscal year 2000, $26,629,000,000;
(3) for fiscal year 2001, $27,158,000,000;
(4) for fiscal year 2002, $27,767,000,000; and
(5) for fiscal year 2003, $28,233,000,000.
(b) Mass Transit Category.--For the purposes of section 251(b) of
the Balanced Budget and Emergency Deficit Control Act of 1985, the level
of obligation limitations for the mass transit category is--
(1) for fiscal year 1999, $5,365,000,000;
(2) for fiscal year 2000, $5,797,000,000;
(3) for fiscal year 2001, $6,271,000,000;
(4) for fiscal year 2002, $6,747,000,000; and
(5) for fiscal year 2003, $7,226,000,000.
For purposes of this subsection, the term ``obligation limitations''
means the sum of budget authority and obligation limitations.
<<NOTE: Veterans Benefits Act of 1998.>> Subtitle B--Veterans' Benefits
SEC. <<NOTE: 38 USC 101 note.>> 8201. SHORT TITLE.
This subtitle may be cited as the ``Veterans Benefits Act of 1998''.
SEC. 8202. PROHIBITION ON ESTABLISHMENT OF SERVICE-CONNECTION FOR
DISABILITIES RELATING TO USE OF TOBACCO PRODUCTS.
(a) Wartime Disability Compensation.--Section 1110 of title 38,
United States Code, is amended by striking ``or abuse of alcohol or
drugs'' and inserting ``, abuse of alcohol or drugs, or use of tobacco
products''.
(b) Peacetime Disability Compensation.--Section 1131 of such title
is amended by striking ``or abuse of alcohol or drugs''
[[Page 112 STAT. 493]]
and inserting ``, abuse of alcohol or drugs, or use of tobacco
products''.
(c) Applicability.--(1) Except as provided in paragraph (2), the
amendments made by this section shall apply to any claims for
compensation received by the Secretary of Veterans Affairs before, on,
or after the date of enactment of this Act.
(2) The amendments made by this section shall not apply in the case
of any such claims adjudicated by the Secretary before such date of
enactment for which a service-connection was established for a
disability on the basis of the use of tobacco products.
SEC. 8203. TWENTY PERCENT INCREASE IN RATES OF BASIC EDUCATIONAL
ASSISTANCE UNDER MONTGOMERY GI BILL.
(a) Active Duty Educational Assistance.--
(1) Increase in rates.--Section 3015 of title 38, United
States Code, is amended--
(A) in subsection (a)(1), by striking ``$400'' and
inserting ``$528 (as increased from time to time under
subsection (g))''; and
(B) in subsection (b)(1), by striking ``$325'' and
inserting ``$429 (as increased from time to time under
subsection (g))''.
(2) CPI adjustment.--Subsection (g) of such section is
amended by striking ``beginning on or after October 1, 1994''
and all that follows through ``such rates'' and inserting ``,
the Secretary shall provide a percentage increase (rounded to
the nearest dollar) in the rates payable under subsections
(a)(1) and (b)(1)''.
(3) Technical amendments.--Such section is further amended--
(A) in subsection (a), by striking ``subsections
(b), (c), (d), (e), (f), and (g) of'' in the matter
preceding paragraph (1); and
(B) in subsection (b)--
(i) by striking ``Except as provided in
subsections (c), (d), (e), (f), and (g), in'' and
inserting ``In''; and
(ii) by inserting ``(except as provided in the
succeeding subsections of this section)'' after
``under this chapter shall''.
(4) <<NOTE: 38 USC 3015 note.>> Effective date.--The
amendments made by this subsection shall take effect on October
1, 1998, and shall apply with respect to educational assistance
allowances paid for months after September 1998. However, no
adjustment in rates of educational assistance shall be made
under subsection (g) of section 3015 of title 38, United States
Code, as amended by paragraph (2), for fiscal year 1999.
(b) Selected Reserve Educational Assistance.--
(1) Increase in rates.--Paragraph (1) of section 16131(b) of
title 10, United States Code, is amended--
(A) in subparagraph (A), by striking ``$190'' and
inserting ``$251 (as increased from time to time under
paragraph (2))'';
(B) in subparagraph (B), by striking ``$143'' and
inserting ``$188 (as increased from time to time under
paragraph (2))''; and
[[Page 112 STAT. 494]]
(C) in subparagraph (C), by striking ``$95'' and
inserting ``$125 (as increased from time to time under
paragraph (2))''.
(2) CPI adjustment.--Paragraph (2) of such section is
amended by striking ``beginning on or after October 1, 1994''
and all that follows through ``such rates'' and inserting ``,
the Secretary shall provide a percentage increase (rounded to
the nearest dollar) in the rates payable under subparagraphs
(A), (B), and (C) of paragraph (1)''.
(3) Technical amendment.--Paragraph (1) of such section is
further amended by striking ``in paragraph (2) and''.
(4) <<NOTE: 10 USC 16131 note.>> Effective date.--The
amendments made by this subsection shall take effect on October
1, 1998, and shall apply with respect to educational assistance
allowances paid for months after September 1998. However, no
adjustment in rates of educational assistance shall be made
under paragraph (2) of section 16131(b) of title 10, United
States Code, as amended by paragraph (2), for fiscal year 1999.
SEC. 8204. INCREASE IN ASSISTANCE AMOUNT FOR SPECIALLY ADAPTED HOUSING.
(a) In General.--Section 2102 of title 38, United States Code, is
amended--
(1) in the matter preceding paragraph (1) of subsection (a),
by striking ``$38,000'' and inserting ``$43,000''; and
(2) in subsection (b)(2), by striking ``$6,500'' and
inserting ``$8,250''.
(b) <<NOTE: 38 USC 2102 note.>> Effective Date.--The amendments
made by subsection (a) shall apply with respect to limitations under
section 2102 of such title on assistance furnished to a veteran under
section 2101 of such title on or after October 1, 1998.
SEC. 8205. INCREASE IN AMOUNT OF ASSISTANCE FOR AUTOMOBILE AND ADAPTIVE
EQUIPMENT FOR CERTAIN DISABLED VETERANS.
(a) In General.--Section 3902(a) of title 38, United States Code, is
amended by striking out ``$5,500'' and inserting in lieu thereof
``$8,000''.
(b) <<NOTE: 38 USC 3902 note.>> Effective Date.--The amendment made
by subsection (a) shall apply with respect to assistance furnished under
section 3902 of such title on or after October 1, 1998.
SEC. <<NOTE: 38 USC 1521 note.>> 8206. INCREASE IN AID AND ATTENDANCE
RATES FOR VETERANS ELIGIBLE FOR PENSION.
Effective October 1, 1998, the maximum annual rates of pension in
effect as of September 30, 1998, under the following provisions of
chapter 15 of title 38, United States Code, are increased by $600:
(1) Subsections (d)(1), (d)(2), (f)(2), and (f)(4) of
section 1521.
(2) Section 1536(d)(2).
[[Page 112 STAT. 495]]
SEC. 8207. ELIGIBILITY OF CERTAIN REMARRIED SURVIVING SPOUSES FOR
REINSTATEMENT OF DEPENDENCY AND INDEMNITY COMPENSATION UPON
TERMINATION OF THAT REMARRIAGE.
(a) Restoration of Prior Eligibility.--Section 1311 of title 38,
United States Code, is amended by adding at the end the following new
subsection:
``(e)(1) The remarriage of the surviving spouse of a veteran shall
not bar the furnishing of dependency and indemnity compensation to such
person as the surviving spouse of the veteran if the remarriage is
terminated by death, divorce, or annulment unless the Secretary
determines that the divorce or annulment was secured through fraud or
collusion.
``(2) If the surviving spouse of a veteran ceases living with
another person and holding himself or herself out openly to the public
as that person's spouse, the bar to granting that person dependency and
indemnity compensation as the surviving spouse of the veteran shall not
apply.
``(3) The first month of eligibility for payment of dependency and
indemnity compensation to a surviving spouse by reason of this
subsection shall be the later of the month after--
``(A) the month of the termination of such remarriage, in
the case of a surviving spouse described in paragraph (1); or
``(B) the month of the cessation described in paragraph (2),
in the case of a surviving spouse described in that
paragraph.''.
(b) <<NOTE: 38 USC 1311 note.>> Effective Date.--No payment may be
made by reason of section 1311(e) of title 38, United States Code, as
added by subsection (a), for any month before October 1998.
SEC. <<NOTE: 10 USC 1174 note.>> 8208. EXTENSION OF PRIOR REVISION TO
OFFSET RULE FOR DEPARTMENT OF DEFENSE SPECIAL SEPARATION
BENEFIT PROGRAM.
The amendment made by section 653 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat.
2583) to subsection (h)(2) of section 1174 of title 10, United States
Code, shall apply to any payment of separation pay under the special
separation benefits program under section 1174a of that title that was
made during the period beginning on December 5, 1991, and ending on
September 30, 1996.
SEC. 8209. SENSE OF THE CONGRESS CONCERNING RECOVERY FROM TOBACCO
COMPANIES OF COSTS OF TREATMENT OF VETERANS FOR TOBACCO-
RELATED ILLNESSES.
It is the sense of the Congress--
(1) that the Attorney General or the Secretary of Veterans
Affairs, as appropriate, should take all steps necessary to
recover from tobacco companies amounts corresponding to the
costs which would be incurred by the Department of Veterans
Affairs for treatment of tobacco-related illnesses of veterans,
if such treatment were authorized by law; and
(2) that the Congress should authorize by law the treatment
of tobacco-related illnesses of veterans upon the recovery of
such amounts.
[[Page 112 STAT. 496]]
Subtitle C--Temporary Student Loan Provision.
SEC. 8301. TEMPORARY STUDENT LOAN PROVISION.
(a) FFEL Interest Rates.--
(1) Amendment.--Section 427A of the Higher Education Act of
1965 (20 U.S.C. 1077a) is amended--
(A) by redesignating subsections (j) and (k) as
subsections (k) and (l), respectively; and
(B) by inserting after subsection (i) the following
new subsection:
``(j) Interest Rates for New Loans Between July 1, 1998 and October
1, 1998.--
``(1) In general.--Notwithstanding subsection (h), but
subject to paragraph (2), with respect to any loan made,
insured, or guaranteed under this part (other than a loan made
pursuant to section 428B or 428C) for which the first
disbursement is made on or after July 1, 1998, and before
October 1, 1998, the applicable rate of interest shall, during
any 12-month period beginning on July 1 and ending on June 30,
be determined on the preceding June 1 and be equal to--
``(A) the bond equivalent rate of 91-day Treasury
bills auctioned at the final auction held prior to such
June 1; plus
``(B) 2.3 percent,
except that such rate shall not exceed 8.25 percent.
``(2) In school and grace period rules.--Notwithstanding
subsection (h), with respect to any loan under this part (other
than a loan made pursuant to section 428B or 428C) for which the
first disbursement is made on or after July 1, 1998, and before
October 1, 1998, the applicable rate of interest for interest
which accrues--
``(A) prior to the beginning of the repayment period
of the loan; or
``(B) during the period in which principal need not
be paid (whether or not such principal is in fact paid)
by reason of a provision described in section
428(b)(1)(M) or 427(a)(2)(C),
shall be determined under paragraph (1) by substituting `1.7
percent' for `2.3 percent'.
``(3) PLUS loans.--Notwithstanding subsection (h), with
respect to any loan under section 428B for which the first
disbursement is made on or after July 1, 1998, and before
October 1, 1998, the applicable rate of interest shall, during
any 12-month period beginning on July 1 and ending on June 30,
be determined on the preceding June 1 and be equal to the lesser
of--
``(A)(i) the bond equivalent rate of 91-day Treasury
bills auctioned at the final auction held prior to such
June 1; plus
``(ii) 3.1 percent; or
``(B) 9.0 percent.
``(4) <<NOTE: Federal Register, publication.>>
Consultation.--The Secretary shall determine the applicable rate
of interest under this subsection after consultation with the
Secretary of the Treasury and shall publish such
[[Page 112 STAT. 497]]
rate in the Federal Register as soon as practicable after the
date of determination.''.
(2) Conforming amendment.--Section 428B(d)(4) (20 U.S.C.
1078-2(d)(4)) is amended by striking ``section 427A(c)'' and
inserting ``section 427A for loans made under this section''.
(b) Special Allowances.--
(1) Amendment.--Section 438(b)(2) of the Higher Education
Act of 1965 (20 U.S.C. 1087-1(b)(2)) is amended by adding at the
end the following new subparagraph:
``(G) Loans disbursed between july 1, 1998, and october 1,
1998.--
``(i) In general.--Subject to paragraph (4) and
clauses (ii), (iii), and (iv) of this subparagraph, and
except as provided in subparagraph (B), the special
allowance paid pursuant to this subsection on loans for
which the first disbursement is made on or after July 1,
1998, and before October 1, 1998, shall be computed--
``(I) by determining the average of the bond
equivalent rates of 91-day Treasury bills
auctioned for such 3-month period;
``(II) by subtracting the applicable interest
rates on such loans from such average bond
equivalent rate;
``(III) by adding 2.8 percent to the resultant
percent; and
``(IV) by dividing the resultant percent by 4.
``(ii) In school and grace period.--In the case of
any loan for which the first disbursement is made on or
after July 1, 1998, and before October 1, 1998, and for
which the applicable rate of interest is described in
section 427A(j)(2), clause (i)(III) of this subparagraph
shall be applied by substituting `2.2 percent' for `2.8
percent'.
``(iii) PLUS loans.--In the case of any loan for
which the first disbursement is made on or after July 1,
1998, and before October 1, 1998, and for which the
applicable rate of interest is described in section
427A(j)(3), clause (i)(III) of this subparagraph shall
be applied by substituting `3.1 percent' for `2.8
percent', subject to clause (v) of this subparagraph.
``(iv) Consolidation loans.--This subparagraph shall
not apply in the case of any consolidation loan.
``(v) Limitation on special allowances for PLUS
loans.--In the case of PLUS loans made under section
428B and disbursed on or after July 1, 1998, and before
October 1, 1998, for which the interest rate is
determined under 427A(j)(3), a special allowance shall
not be paid for such loan for such unless the rate
determined under subparagraph (A) of such section
(without regard to subparagraph (B) of such section)
exceeds 9.0 percent.''.
(2) Conforming amendments.--Section 438(b)(2) of such Act is
further amended--
(A) in subparagraph (A), by striking ``(E), and
(F)'' and inserting ``(E), (F), and (G)'';
(B) in subparagraph (B)(iv), by striking ``(E), or
(F)'' and inserting ``(E), (F), or (G)''; and
(C) in subparagraph (C)(ii), by striking ``In the
case'' and inserting ``Subject to subparagraph (G), in
the case''.
[[Page 112 STAT. 498]]
(c) Direct Loan Interest Rates.--Section 455(b) (20 U.S.C. 1087e(b))
is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Temporary interest rate provision.--
``(A) Rates for fdsl and fdusl.--Notwithstanding the
preceding paragraphs of this subsection, for Federal
Direct Stafford Loans and Federal Direct Unsubsidized
Stafford Loans for which the first disbursement is made
on or after July 1, 1998, and before October 1, 1998,
the applicable rate of interest shall, during any 12-
month period beginning on July 1 and ending on June 30,
be determined on the preceding June 1 and be equal to--
``(i) the bond equivalent rate of 91-day
Treasury bills auctioned at the final auction held
prior to such June 1; plus
``(ii) 2.3 percent,
except that such rate shall not exceed 8.25 percent.
``(B) In school and grace period rules.--
Notwithstanding the preceding paragraphs of this
subsection, with respect to any Federal Direct Stafford
Loan or Federal Direct Unsubsidized Stafford Loan for
which the first disbursement is made on or after July 1,
1998, and before October 1, 1998, the applicable rate of
interest for interest which accrues--
``(i) prior to the beginning of the repayment
period of the loan; or
``(ii) during the period in which principal
need not be paid (whether or not such principal is
in fact paid) by reason of a provision described
in section 428(b)(1)(M) or 427(a)(2)(C),
shall be determined under subparagraph (A) by
substituting `1.7 percent' for `2.3 percent'.
``(C) PLUS loans.--Notwithstanding the preceding
paragraphs of this subsection, with respect to Federal
Direct PLUS Loan for which the first disbursement is
made on or after July 1, 1998, and before October 1,
1998, the applicable rate of interest shall be
determined under subparagraph (A)--
``(i) by substituting `3.1 percent' for `2.3
percent'; and
``(ii) by substituting `9.0 percent' for `8.25
percent'.''.
Subtitle D--Block Grants for Social Services
SEC. 8401. BLOCK GRANTS FOR SOCIAL SERVICES.
(a) Reduction of Grants.--Section 2003(c) of the Social Security Act
(42 U.S.C. 1397b(c)) is amended by striking paragraphs (7) and (8) and
inserting the following:
``(7) $2,380,000,000 for the fiscal year 1997;
``(8) $2,380,000,000 for the fiscal year 1998;
``(9) $2,380,000,000 for the fiscal year 1999;
``(10) $2,380,000,000 for the fiscal year 2000; and
[[Page 112 STAT. 499]]
``(11) $1,700,000,000 for the fiscal year 2001 and each
fiscal year thereafter.''.
(b) Limitation on Amount of TANF Funds Transferable.--Section
404(d)(2) of the Social Security Act (42 U.S.C. 604(d)(2)) is amended to
read as follows:
``(2) Limitation on amount transferable to title xx
programs.--
``(A) In general.--A State may use not more than the
applicable percent of the amount of any grant made to
the State under section 403(a) for a fiscal year to
carry out State programs pursuant to title XX.
``(B) Applicable percent.--For purposes of
subparagraph (A), the applicable percent is 4.25 percent
in the case of fiscal year 2001 and each succeeding
fiscal year.''.
(c) <<NOTE: 42 USC 604 note.>> Effective Date.--The amendments made
by this section take effect on October 1, 1998.
TITLE <<NOTE: Surface Transportation Revenue Act of 1998.>> IX--
AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
SEC. 9001. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) <<NOTE: 26 USC 1 note.>> Short Title.--This title may be cited
as the ``Surface Transportation Revenue Act of 1998''.
(b) Amendment of 1986 Code.--Except as otherwise expressly provided,
whenever in this title an amendment or repeal is expressed in terms of
an amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or other provision
of the Internal Revenue Code of 1986.
SEC. 9002. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST FUND.
(a) Extension of Taxes.--
(1) In general.--The following provisions are each amended
by striking ``1999'' each place it appears and inserting
``2005'':
(A) Section 4041(a)(1)(C)(iii)(I) (relating to rate
of tax on certain buses).
(B) Section 4041(a)(2)(B) (relating to rate of tax
on special motor fuels), as amended by section 907(a)(1)
of the Taxpayer Relief Act of 1997.
(C) Section 4041(m)(1)(A) (relating to certain
alcohol fuels), as amended by section 907(b) of the
Taxpayer Relief Act of 1997.
(D) Section 4051(c) (relating to termination of tax
on heavy trucks and trailers).
(E) Section 4071(d) (relating to termination of tax
on tires).
(F) Section 4081(d)(1) (relating to termination of
tax on gasoline, diesel fuel, and kerosene).
(G) Section 4481(e) (relating to period tax in
effect).
(H) Section 4482(c)(4) (relating to taxable period).
(I) Section 4482(d) (relating to special rule for
taxable period in which termination date occurs).
(2) Other provisions.--
(A) Floor stocks refunds.--Section 6412(a)(1)
(relating to floor stocks refunds) is amended--
[[Page 112 STAT. 500]]
(i) by striking ``1999'' each place it appears
and inserting ``2005'', and
(ii) by striking ``2000'' each place it
appears and inserting ``2006''.
(B) Installment payments of highway use tax.--
Section 6156(e)(2) (relating to installment payments of
highway use tax on use of highway motor vehicles) is
amended by striking ``1999'' and inserting ``2005''.
(b) Extension of Certain Exemptions.--The following provisions are
each amended by striking ``1999'' and inserting ``2005'':
(1) Section 4221(a) (relating to certain tax-free sales).
(2) Section 4483(g) (relating to termination of exemptions
for highway use tax).
(c) Extension of Deposits Into, and Certain Transfers From, Trust
Fund.--
(1) In general.--Subsection (b), and paragraphs (2) and (3)
of subsection (c), of section 9503 (relating to the Highway
Trust Fund) are each amended--
(A) by striking ``1999'' each place it appears and
inserting ``2005'', and
(B) by striking ``2000'' each place it appears and
inserting ``2006''.
(2) Motorboat and small-engine fuel tax transfers.--
(A) In general.--Paragraphs (4)(A)(i) and (5)(A) of
section 9503(c) are each amended by striking ``1998''
and inserting ``2005''.
(B) Conforming amendments to land and water
conservation fund.--Section 201(b) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-11(b)) is
amended--
(i) by striking ``1997'' and inserting
``2003'', and
(ii) by striking ``1998'' each place it
appears and inserting ``2004''.
(3) Conforming amendment.--The heading for paragraph (3) of
section 9503(c) is amended to read as follows:
``(3) Floor stocks refunds.--''.
(d) Extension and Expansion of Expenditures From Trust Fund.--
(1) Highway account.--
(A) Extension of expenditure authority.--Paragraph
(1) of section 9503(c) is amended by striking ``1998''
and inserting ``2003''.
(B) Expansion of purposes.--Paragraph (1) of section
9503(c) is amended--
(i) by striking ``or'' at the end of
subparagraph (C), and
(ii) by striking ``1991.'' in subparagraph (D)
and all that follows through the end of paragraph
(1) and inserting ``1991, or
``(E) authorized to be paid out of the Highway Trust
Fund under the Transportation Equity Act for the 21st
Century.
In determining the authorizations under the Acts referred to in
the preceding subparagraphs, such Acts shall be applied as in
effect on the date of enactment of the Transportation Equity Act
for the 21st Century.''.
(2) Mass transit account.--
[[Page 112 STAT. 501]]
(A) Extension of expenditure authority.--
Paragraph (3) of section 9503(e) is amended by striking
``1998'' and inserting ``2003''.
(B) Expansion of purposes.--Paragraph (3) of section
9503(e) is amended--
(i) by striking ``or'' at the end of
subparagraph (A),
(ii) by adding ``or'' at the end of
subparagraph (B), and
(iii) by striking all that follows
subparagraph (B) and inserting:
``(C) the Transportation Equity Act for the 21st
Century,
as such section and Acts are in effect on the date of enactment
of the Transportation Equity Act for the 21st Century.''.
(e) Technical Correction Relating to Transfers to Mass Transit
Account.--
(1) In general.--Section 9503(e)(2) is amended by striking
the last sentence and inserting the following: ``For purposes of
the preceding sentence, the term `mass transit portion' means,
for any fuel with respect to which tax was imposed under section
4041 or 4081 and otherwise deposited into the Highway Trust
Fund, the amount determined at the rate of--
``(A) except as otherwise provided in this sentence,
2.86 cents per gallon,
``(B) 1.43 cents per gallon in the case of any
partially exempt methanol or ethanol fuel (as defined in
section 4041(m)) none of the alcohol in which consists
of ethanol,
``(C) 1.86 cents per gallon in the case of liquefied
natural gas,
``(D) 2.13 cents per gallon in the case of liquefied
petroleum gas, and
``(E) 9.71 cents per MCF (determined at standard
temperature and pressure) in the case of compressed
natural gas.''.
(2) <<NOTE: 26 USC 9503 note.>> Effective date.--The
amendment made by paragraph (1) shall take effect as if included
in the amendment made by section 901(b) of the Taxpayer Relief
Act of 1997.
(f) Clerical Amendments.--
(1) Paragraph (1) of section 9503(b) is amended by striking
subparagraph (C), by striking ``and tread rubber'' in
subparagraph (D), and by redesignating subparagraphs (D), (E),
and (F) as subparagraphs (C), (D), and (E), respectively.
(2) Clause (i) of section 9503(c)(2)(A) is amended by adding
``and'' at the end of subclause (II), by striking subclause
(III), and by redesignating subclause (IV) as subclause (III).
(3) Clause (ii) of section 9503(c)(2)(A) is amended by
striking ``gasoline, special fuels, and lubricating oil'' each
place it appears and inserting ``fuel''.
SEC. 9003. EXTENSION AND MODIFICATION OF TAX BENEFITS FOR ALCOHOL FUELS.
(a) Extension of Tax Benefits.--
(1) Extension.--The following provisions are each amended by
striking ``2000'' each place it appears and inserting ``2007'':
(A) Section 4041(b)(2)(C) (relating to termination
of reduction in tax for qualified methanol and ethanol
fuel).
[[Page 112 STAT. 502]]
(B) Section 4041(k)(3) (relating to termination of
rates relating to fuels containing alcohol).
(C) Section 4081(c)(8) (relating to termination of
special rate for taxable fuels mixed with alcohol).
(D) Section 4091(c)(5) (relating to termination of
reduced rate of tax for aviation fuel in alcohol
mixture, etc.).
(2) Extension of refund authority.--Paragraph (4) of section
6427(f) (relating to refund for gasoline, diesel fuel, and
aviation fuel used to produce certain alcohol fuels), as amended
by the Taxpayer Relief Act of 1997, is amended by striking
``1999'' and inserting ``2007''.
(3) Credit for alcohol used as a fuel.--Paragraph (1) of
section 40(e) (relating to termination of credit for alcohol
used as a fuel) is amended--
(A) by striking ``December 31, 2000'' in
subparagraph (A) and inserting ``December 31, 2007'',
and
(B) by striking ``January 1, 2001'' and inserting
``January 1, 2008''.
(4) Tariff schedule.--Headings 9901.00.50 and 9901.00.52 of
the Harmonized Tariff Schedule of the United States (19 U.S.C.
3007) are each amended in the effective period column by
striking ``10/1/2000'' each place it appears and inserting ``10/
1/2007''.
(b) Modification.--
(1) In general.--Subsection (h) of section 40 (relating to
alcohol used as fuel) is amended to read as follows:
``(h) Reduced Credit for Ethanol Blenders.--
``(1) In general.--In the case of any alcohol mixture credit
or alcohol credit with respect to any sale or use of alcohol
which is ethanol during calendar years 2001 through 2007--
``(A) subsections (b)(1)(A) and (b)(2)(A) shall be
applied by substituting `the blender amount' for `60
cents',
``(B) subsection (b)(3) shall be applied by
substituting `the low-proof blender amount' for `45
cents' and `the blender amount' for `60 cents', and
``(C) subparagraphs (A) and (B) of subsection (d)(3)
shall be applied by substituting `the blender amount'
for `60 cents' and `the low-proof blender amount' for
`45 cents'.
``(2) Amounts.--For purposes of paragraph (1), the blender
amount and the low-proof blender amount shall be determined in
accordance with the following table:
In the case of any sale The low-proof
or use during calendar The blender blender amount
year: amount is: is:
2001 or 2002 53 cents 39.26 cents
2003 or 2004 52 cents 38.52 cents
2005, 2006, or 2007.... 51 cents 37.78
cents.''.
(2) Conforming amendments.--
(A) Section 4041(b)(2) is amended--
(i) in subparagraph (A)(i), by striking ``5.4
cents'' and inserting ``the applicable blender
rate'', and
(ii) by redesignating subparagraph (C), as
amended by subsection (a)(1)(A), as subparagraph
(D) and by inserting after subparagraph (B) the
following:
``(C) Applicable blender rate.--For purposes of
subparagraph (A)(i), the applicable blender rate is--
[[Page 112 STAT. 503]]
``(i) except as provided in clause (ii), 5.4
cents, and
``(ii) for sales or uses during calendar years
2001 through 2007, \1/10\ of the blender amount
applicable under section 40(h)(2) for the calendar
year in which the sale or use occurs.''.
(B) Subparagraph (A) of section 4081(c)(4) is
amended to read as follows:
``(A) General rules.--
``(i) Mixtures containing ethanol.--Except as
provided in clause (ii), in the case of a
qualified alcohol mixture which contains gasoline,
the alcohol mixture rate is the excess of the rate
which would (but for this paragraph) be determined
under subsection (a) over--
``(I) in the case of 10 percent
gasohol, the applicable blender rate (as
defined in section 4041(b)(2)(C)) per
gallon,
``(II) in the case of 7.7 percent
gasohol, the number of cents per gallon
equal to 77 percent of such applicable
blender rate, and
``(III) in the case of 5.7 percent
gasohol, the number of cents per gallon
equal to 57 percent of such applicable
blender rate.
``(ii) Mixtures not containing ethanol.--In
the case of a qualified alcohol mixture which
contains gasoline and none of the alcohol in which
consists of ethanol, the alcohol mixture rate is
the excess of the rate which would (but for this
paragraph) be determined under subsection (a)
over--
``(I) in the case of 10 percent
gasohol, 6 cents per gallon,
``(II) in the case of 7.7 percent
gasohol, 4.62 cents per gallon, and
``(III) in the case of 5.7 percent
gasohol, 3.42 cents per gallon.''.
(C) Section 4081(c)(5) is amended by striking ``5.4
cents'' and inserting ``the applicable blender rate (as
defined in section 4041(b)(2)(C))''.
(D) Section 4091(c)(1) is amended by striking ``13.4
cents'' each place it appears and inserting ``the
applicable blender amount'' and by adding at the end the
following: ``For purposes of this paragraph, the term
`applicable blender amount' means 13.3 cents in the case
of any sale or use during 2001 or 2002, 13.2 cents in
the case of any sale or use during 2003 or 2004, 13.1
cents in the case of any sale or use during 2005, 2006,
or 2007, and 13.4 cents in the case of any sale or use
during 2008 or thereafter.''.
(3) <<NOTE: 26 USC 40 note.>> Effective date.--The
amendments made by this subsection shall take effect on January
1, 2001.
SEC. 9004. MODIFICATIONS TO HIGHWAY TRUST FUND.
(a) Determination of Trust Fund Balances After September 30, 1998.--
[[Page 112 STAT. 504]]
(1) In general.--Section 9503 (relating to Highway Trust
Fund) is amended by adding at the end the following new
subsection:
``(f) Determination of Trust Fund Balances After September 30,
1998.--For purposes of determining the balances of the Highway Trust
Fund and the Mass Transit Account after September 30, 1998--
``(1) the opening balance of the Highway Trust Fund (other
than the Mass Transit Account) on October 1, 1998, shall be
$8,000,000,000, and
``(2) no interest accruing after September 30, 1998, on any
obligation held by such Fund shall be credited to such Fund.
The Secretary shall cancel obligations held by the Highway Trust Fund to
reflect the reduction in the balance under this subsection.''.
(2) <<NOTE: 26 USC 9503 note.>> Effective date.--The
amendment made by paragraph (1) shall take effect on October 1,
1998.
(b) Repeal of Limitation on Expenditures Added by Taxpayer Relief
Act of 1997.--
(1) In general.--Subsection (c) of section 9503 (relating to
expenditures from Highway Trust Fund) is amended by striking
paragraph (7).
(2) <<NOTE: 26 USC 9503 note.>> Effective date.--The
amendment made by paragraph (1) shall take effect as if included
in the amendments made by section 901 of the Taxpayer Relief Act
of 1997.
(c) Limitation on Expenditure Authority.--Subsection (b) of section
9503 (relating to transfers to Highway Trust Fund) is amended by adding
at the end the following new paragraph:
``(6) Limitation on transfers to highway trust fund.--
``(A) In general.--Except as provided in
subparagraph (B), no amount may be appropriated to the
Highway Trust Fund on and after the date of any
expenditure from the Highway Trust Fund which is not
permitted by this section. The determination of whether
an expenditure is so permitted shall be made without
regard to--
``(i) any provision of law which is not
contained or referenced in this title or in a
revenue Act, and
``(ii) whether such provision of law is a
subsequently enacted provision or directly or
indirectly seeks to waive the application of this
paragraph.
``(B) Exception for prior obligations.--Subparagraph
(A) shall not apply to any expenditure to liquidate any
contract entered into (or for any amount otherwise
obligated) before October 1, 2003, in accordance with
the provisions of this section.''.
(d) Modification of Mass Transit Account Rules on Adjustments of
Apportionments.--Paragraph (4) of section 9503(e) is amended to read as
follows:
``(4) Limitation.--Rules similar to the rules of subsection
(d) shall apply to the Mass Transit Account.''.
SEC. 9005. PROVISIONS RELATING TO AQUATIC RESOURCES TRUST FUND.
(a) Increased Transfers.--
(1) Subparagraph (D) of section 9503(b)(4), as amended by
section 9011, is amended by striking ``exceeds 11.5 cents per
gallon,'' and inserting ``exceeds--
[[Page 112 STAT. 505]]
``(i) 11.5 cents per gallon with respect to
taxes imposed before October 1, 2001,
``(ii) 13 cents per gallon with respect to
taxes imposed after September 30, 2001, and before
October 1, 2003, and
``(iii) 13.5 cents per gallon with respect to
taxes imposed after September 30, 2003, and before
October 1, 2005,''.
(2) Clause (ii) of section 9503(c)(4)(A) is amended by
adding at the end the following new flush sentence:
``In making the determination under subclause (II)
for any fiscal year, the Secretary shall not take
into account any amount appropriated from the Boat
Safety Account in any preceding fiscal year but
not distributed.''.
(b) Expansion of Expenditure Authority From Boat Safety Account.--
Section 9504(b)(2) (relating to expenditures from Sport Fish Restoration
Account) is amended--
(1) in subparagraph (A) by striking ``October 1, 1988),
and'' and inserting ``the date of the enactment of the
Transportation Equity Act for the 21st Century),'',
(2) in subparagraph (B) by striking ``November 29, 1990''
and inserting ``the date of the enactment of the Transportation
Equity Act for the 21st Century'', and
(3) by redesignating subparagraph (B) as subparagraph (C)
and by inserting after subparagraph (A) the following new
subparagraph:
``(B) to carry out the purposes of section 7404(d)
of the Transportation Equity Act for the 21st Century
(as in effect on the date of the enactment of such Act),
and''.
(c) Extension and Expansion of Expenditure Authority From Boat
Safety Account.--Section 9504(c) (relating to expenditures from Boat
Safety Account) is amended--
(1) by striking ``1998'' and inserting ``2003'', and
(2) by striking ``October 1, 1988'' and inserting ``the date
of enactment of the Transportation Equity Act for the 21st
Century''.
(d) Limitation on Expenditure Authority.--Section 9504 (relating to
Aquatic Resources Trust Fund) is amended by redesignating subsection (d)
as subsection (e) and by inserting after subsection (c) the following:
``(d) Limitation on Transfers to Aquatic Resources Trust Fund.--
``(1) In general.--Except as provided in paragraph (2), no
amount may be appropriated or paid to any Account in the Aquatic
Resources Trust Fund on and after the date of any expenditure
from any such Account which is not permitted by this section.
The determination of whether an expenditure is so permitted
shall be made without regard to--
``(A) any provision of law which is not contained or
referenced in this title or in a revenue Act, and
``(B) whether such provision of law is a
subsequently enacted provision or directly or indirectly
seeks to waive the application of this subsection.
``(2) Exception for prior obligations.--Paragraph (1) shall
not apply to any expenditure to liquidate any contract entered
into (or for any amount otherwise obligated) before
[[Page 112 STAT. 506]]
October 1, 2003, in accordance with the provisions of this
section.''.
(e) <<NOTE: 26 USC 9503 note.>> Effective Date.--The amendments
made by this section shall take effect on the date of enactment of this
Act.
SEC. 9006. REPEAL OF 1.25 CENT TAX RATE ON RAIL DIESEL FUEL.
(a) In General.--Section 4041(a)(1)(C)(ii) (relating to rate of tax
on trains) is amended--
(1) in subclause (II), by striking ``October 1, 1999'' and
inserting ``November 1, 1998'', and
(2) in subclause (III), by striking ``September 30, 1999''
and inserting ``October 31, 1998''.
(b) Conforming Amendments.--
(1) Section 6421(f)(3)(B) is amended--
(A) in clause (ii), by striking ``October 1, 1999''
and inserting ``November 1, 1998'', and
(B) in clause (iii), by striking ``September 30,
1999'' and inserting ``October 31, 1998''.
(2) Section 6427(l)(3)(B) is amended--
(A) in clause (ii), by striking ``October 1, 1999''
and inserting ``November 1, 1998'', and
(B) in clause (iii), by striking ``September 30,
1999'' and inserting ``October 31, 1998''.
SEC. 9007. ADDITIONAL QUALIFIED EXPENSES AVAILABLE TO NONAMTRAK STATES.
(a) In General.--Section 977(e)(1)(B) of the Taxpayer Relief Act of
1997 <<NOTE: 26 USC 172 note.>> (defining qualified expenses) is
amended--
(1) by striking ``and'' at the end of clause (iii), and
(2) by striking clause (iv) and inserting the following:
``(iv) capital expenditures related to State-
owned rail operations in the State,
``(v) any project that is eligible to receive
funding under section 5309, 5310, or 5311 of title
49, United States Code,
``(vi) any project that is eligible to receive
funding under section 103, 130, 133, 144, 149, or
152 of title 23, United States Code,
``(vii) the upgrading and maintenance of
intercity primary and rural air service
facilities, and the purchase of intercity air
service between primary and rural airports and
regional hubs,
``(viii) the provision of passenger ferryboat
service within the State,
``(ix) the provision of harbor improvements
within the State, and
``(x) the payment of interest and principal on
obligations incurred for such acquisition,
upgrading, maintenance, purchase, expenditures,
provision, and projects.''.
(b) <<NOTE: 26 USC 172 note.>> Effective Date.--The amendments made
by this section shall take effect as if included in the enactment of
section 977 of the Taxpayer Relief Act of 1997.
SEC. 9008. DELAY IN EFFECTIVE DATE OF NEW REQUIREMENT FOR APPROVED
DIESEL OR KEROSENE TERMINALS.
Subsection (f) of section 1032 of the Taxpayer Relief Act of
1997 <<NOTE: 26 USC 4041 note.>> is amended to read as follows:
[[Page 112 STAT. 507]]
``(f) Effective Dates.--
``(1) Except as provided in paragraph (2), the amendments
made by this section shall take effect on July 1, 1998.
``(2) The amendment made by subsection (d) shall take effect
on July 1, 2000.''.
SEC. 9009. SIMPLIFIED FUEL TAX REFUND PROCEDURES.
(a) In General.--Subparagraph (A) of section 6427(i)(2) is amended
to read as follows:
``(A) In general.--If, at the close of any quarter
of the taxable year of any person, at least $750 is
payable in the aggregate under subsections (a), (b),
(d), (h), (l), and (q) of this section and section 6421
to such person with respect to fuel used during--
``(i) such quarter, or
``(ii) any prior quarter (for which no other
claim has been filed) during such taxable year,
a claim may be filed under this section with respect to
such fuel.''.
(b) Conforming Amendments.--
(1) Subsection (i) of section 6427 is amended by striking
paragraph (4) and by redesignating paragraph (5) as paragraph
(4).
(2) Paragraph (2) of section 6427(k) is amended to read as
follows:
``(2) Exception.--Paragraph (1) shall not apply to a payment
of a claim filed under paragraph (2), (3), or (4) of subsection
(i).''.
(3) Paragraph (2) of section 6421(d) is amended to read as
follows:
``(2) Exception.--
``For payments per quarter based on aggregate amounts
payable under this section and section 6427, see section
6427(i)(2).''.
(c) <<NOTE: 26 USC 6421 note.>> Effective Date.--The amendments
made by this section shall take effect on October 1, 1998.
SEC. 9010. ELECTION TO RECEIVE TAXABLE CASH COMPENSATION IN LIEU OF
NONTAXABLE QUALIFIED TRANSPORTATION FRINGE BENEFITS.
(a) No Constructive Receipt.--
(1) In general.--Paragraph (4) of section 132(f) (relating
to qualified transportation fringe) is amended to read as
follows:
``(4) No constructive receipt.--No amount shall be included
in the gross income of an employee solely because the employee
may choose between any qualified transportation fringe and
compensation which would otherwise be includible in gross income
of such employee.''.
(2) <<NOTE: 26 USC 132 note.>> Effective date.--The
amendment made by this subsection shall apply to taxable years
beginning after December 31, 1997.
(b) Inflation Adjustment Only After 1999.--
(1) In general.--Paragraph (6) of section 132(f) (relating
to qualified transportation fringe) is amended to read as
follows:
``(6) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 1999, the dollar
amounts
[[Page 112 STAT. 508]]
contained in subparagraphs (A) and (B) of paragraph (2)
shall be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the calendar
year in which the taxable year begins, by
substituting `calendar year 1998' for `calendar
year 1992'.
``(B) Rounding.--If any increase determined under
subparagraph (A) is not a multiple of $5, such increase
shall be rounded to the next lowest multiple of $5.''.
(2) Conforming amendments.--Section 132(f)(2) is
amended--
(A) by striking ``$60'' in subparagraph (A) and
inserting ``$65'', and
(B) by striking ``$155'' in subparagraph (B) and
inserting ``$175''.
(3) <<NOTE: 26 USC 132 note.>> Effective Date.--The
amendments made by this subsection shall apply to taxable years
beginning after December 31, 1998.
(c) Increase in Maximum Exclusion for Employer-Provided Transit
Passes.--
(1) In general.--Subparagraph (A) of section 132(f)(2)
(relating to limitation on exclusion) is amended by striking
``$65'' and inserting ``$100''.
(2) New base period for inflation adjustment.--Subparagraph
(A) of section 132(f)(6) is amended by adding at the end the
following flush sentence:
``In the case of any taxable year beginning in a
calendar year after 2002, clause (ii) shall be applied
by substituting `calendar year 2001' for `calendar year
1998' for purposes of adjusting the dollar amount
contained in paragraph (2)(A).''.
(3) <<NOTE: 26 USC 132 note.>> Effective date.--The
amendments made by this subsection shall apply to taxable years
beginning after December 31, 2001.
SEC. 9011. REPEAL OF NATIONAL RECREATIONAL TRAILS TRUST FUND.
(a) In General.--Section 9511 (relating to National Recreational
Trails Trust Fund) is repealed.
(b) Conforming Amendments.--
(1) Section 9503(c) is amended by striking paragraph (6).
(2) Subparagraph (D) of section 9503(b)(4) is amended to
read as follows:
``(D) in the case of gasoline and special motor
fuels used as described in paragraph (4)(D) or (5)(B) of
subsection (c), section 4041 or 4081 with respect to so
much of the rate of tax as exceeds 11.5 cents per
gallon,''.
(3) The table of sections for subchapter A of chapter 98 is
amended by striking the item relating to section 9511.
[[Page 112 STAT. 509]]
SEC. 9012. IDENTIFICATION OF LIMITED TAX BENEFITS SUBJECT TO LINE ITEM
VETO.
For purposes of part C of title X of the Congressional Budget and
Impoundment Control Act of 1974 (relating to line item veto), the Joint
Committee on Taxation has determined that this title does not contain
any limited tax benefit (as defined in such part).
Approved June 9, 1998.
LEGISLATIVE HISTORY--H.R. 2400 (S. 1173):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 105-467, Pts. 1 and 2 (Comm. on Transportation and
Infrastructure) and Pt. 3 (Comm. on Ways and Means), and 105-550 (Comm.
of Conference).
SENATE REPORTS: No. 105-95 accompanying S. 1173 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Apr. 1, considered and passed House.
Apr. 2, considered and passed Senate, amended, in lieu of S.
1173.
May 22, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
June 9, Presidential remarks and statement.
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