A BILL To continue the sucessful Federal role in developing a national intermodal surface transportation system, through programs that ensure the safe and efficient movement of people and goods, improve economic productivity, preserve the environment, and strengthen partnerships among all levels of the government and the private sector, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; SECRETARY DEFINED; TABLE OF CONTENTS. (a) SHORT TITLE.--This Act may be cited as the "National Economic Crossroads Transportation Efficiency Act of 1997". (b) SECRETARY DEFINED.--As used in this Act, the term "Secretary" means the Secretary of Transportation. (c) TABLE OF CONTENTS.-- Sec. 1. Short Title; Secretary Defined; Table of Contents. TITLE I--SURFACE TRANSPORTATION Sec. 1001. Short Title; Authorization of Appropriations. Sec. 1002. Definitions. Sec. 1003. National Highway System. Sec. 1004. Apportionments. Sec. 1005. State Percentage Guarantee. Sec. 1006. Project Approval and Oversight. Sec. 1007. Real Property Acquisition and Corridor Preservation. Sec. 1008. Proceeds from Sale or Lease of Real Property. Sec. 1009. Interstate Maintenance Program. Sec. 1010. Maintenance. Sec. 1011. Interstate 4R Discretionary Program. Sec. 1012. Emergency Relief. Sec. 1013. Toll Roads, Bridges, Tunnels and Ferries. Sec. 1014. Surface Transportation Program. Sec. 1015. Metropolitan Planning. Sec. 1016. Statewide Planning. Sec. 1017. Research, Training, and Employment Opportunities. Sec. 1018. Disadvantaged Business Enterprises. Sec. 1019. Highway Bridge Replacement and Rehabilitation Program. Sec. 1020. Congestion Mitigation and Air Quality Improvement Program. Sec. 1021. Interstate Reimbursement. Sec. 1022. State Infrastructure Bank Program. Sec. 1023. National Scenic Byways Program. Sec. 1024. Infrastructure Safety Program. Sec. 1025. Fiscal and Administrative Amendments. Sec. 1026. Federal Lands Highways Program. Sec. 1027. Bicycle Transportation and Pedestrian Walkways. Sec. 1028. Recreational Trails Program. Sec. 1029. International Highway Transportation Outreach Program. Sec. 1030. Trade Corridor and Border Crossing Planning; Border Gateway Pilot Program. Sec. 1031. Appalachian Development Highway System. Sec. 1032. Value Pricing Pilot Program. Sec. 1033. Highway Use Tax Evasion Projects. Sec. 1034. Public Notice of Railbanking. TITLE II--HIGHWAY SAFETY Sec. 2001. Short Title. Sec. 2002. Highway Safety Programs. Sec. 2003. National Driver Register. Sec. 2004. Authorizations of Appropriations. TITLE III--FEDERAL MASS TRANSPORTATION AMENDMENTS OF 1997 Sec. 3001. Short Title. Sec. 3002. Amendment to Federal Transit Laws. Sec. 3003. Definitions. Sec. 3004. Metropolitan Planning. Sec. 3005. Metropolitan Transportation Improvement Program. Sec. 3006. Transportation Management Areas. Sec. 3007. Statewide Planning. Sec. 3008. Urbanized Area Formula Grants. Sec. 3009. Loans. Sec. 3010. Major Capital Investments. Sec. 3011. Formula Grants for Special Needs of Elderly Individuals and Individuals with Disabilities. Sec. 3012. Formula Programs for other than Urbanized Areas. Sec. 3013. National Research Programs. Sec. 3014. Transit Cooperative Research Program. Sec. 3015. Research, Development, Demonstration, and Training Projects. Sec. 3016. National Transit Institute. Sec. 3017. University Research Institutes. Sec. 3018. Transportation Centers. Sec. 3019. Bus Testing Facility. Sec. 3020. Advance Construction Authority. Sec. 3021. Access to Jobs and Training. Sec. 3022. Crime Prevention and Security. Sec. 3023. General Provisions on Assistance. Sec. 3024. Acquisition of Real Property Owned by the Government. Sec. 3025. Contract Requirements. Sec. 3026. Special Procurements. Sec. 3027. Oversight. Sec. 3028. Government's Share of Costs. Sec. 3029. Investigation of Safety Hazards. Sec. 3030. Nondiscrimination. Sec. 3031. Labor Standards. Sec. 3032. Administrative. Sec. 3033. Reports and Audits. Sec. 3034. Apportionment of Formula Grants. Sec. 3035. Apportionment of Appropriations for Fixed Guideway Modernization. Sec. 3036. Authorizations. Sec. 3037. Washington Metropolitan Area Transit Authority. TITLE IV--MOTOR CARRIER SAFETY Sec. 4001. State Grants and Other Commercial Motor Vehicle Programs. TITLE V--INFRASTRUCTURE CREDIT ENHANCEMENT Sec. 5001. Short Title. Sec. 5002. Findings. Sec. 5003. Definitions. Sec. 5004. Determination of Eligibility and Project Selection. Sec. 5005. Revenue Stabilization Funds. Sec. 5006. Rules and Regulations. Sec. 5007. Authorization of Appropriations. TITLE VI--RESEARCH PART A--PROGRAMS AND ACTIVITIES Sec. 6001. Transportation Research and Development. Sec. 6002. Bureau of Transportation Statistics. Sec. 6003. Research and Technology Program. Sec. 6004. National Technology Deployment Initiatives. Sec. 6005. Professional Capacity Building and Technology Partnerships. Sec. 6006. Long-Term Pavement Performance and Advanced Research. Sec. 6007. State Planning and Research Program. Sec. 6008. Use of Bureau of Indian Affairs' Administrative Funds. PART B--INTELLIGENT TRANSPORTATION SYSTEMS ACT OF 1997 Sec. 6051. Short Title and Preamble. Sec. 6052. Definitions; Conforming Amendment. Sec. 6053. Scope of Program. Sec. 6054. General Authorities and Requirements. Sec. 6055. National ITS Program Plan, Implementation, and Report to Congress. Sec. 6056. Technical, Training, Planning, Research and Operational Testing Project Assistance. Sec. 6057. Applications of Technology. Sec. 6058. Funding. TITLE VII--REVENUE Sec. 7001. Short Title; Amendment of 1986 Code. Sec. 7002. Extension of Highway-Related Taxes and Trust Fund. Sec. 7003. Commuter Benefit. Sec. 7004. Mass Transit Account. Sec. 7005. Motor Vehicle Safety and Cost Savings Programs. Sec. 7006. General Fund Transfers for Transportation-Related Program Expenditures in Fiscal Years 1998-2003. TITLE VIII--RAIL PASSENGER PROGRAMS Sec. 8001. Authorization of Appropriations. TITLE I--SURFACE TRANSPORTATION SEC. 1001. SHORT TITLE; AUTHORIZATION OF APPROPRIATIONS. (a) SHORT TITLE.--This title may be cited as the "Surface Transportation Act of 1997". (b) AUTHORIZATIONS FROM THE HIGHWAY TRUST FUND.--For the purposes of carrying out the provisions of title 23, United States Code, the following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) NATIONAL HIGHWAY SYSTEM.--For the National Highway System $4,466,000,000 for fiscal year 1998, $4,391,000,000 for fiscal year 1999, $4,378,000,000 for fiscal year 2000, and $4,405,000,000 for each of fiscal years 2001, 2002, and 2003. (2) INTERSTATE MAINTENANCE PROGRAM.--For the Interstate maintenance program $4,480,000,000 for fiscal year 1998, $4,405,000,000 for fiscal year 1999, $4,392,000,000 for fiscal year 2000, and $4,419,000,000 for each of fiscal years 2001, 2002, and 2003. (3) SURFACE TRANSPORTATION PROGRAM.--For the surface transportation program $5,874,000,000 for fiscal year 1998, $5,785,000,000 for fiscal year 1999, $5,723,000,000 for fiscal year 2000, $5,728,000,000 for fiscal year 2001, $5,684,000,000 for fiscal year 2002, and $6,192,000,000 for fiscal year 2003. (4) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.--For the congestion mitigation and air quality improvement program $1,300,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003. (5) BRIDGE PROGRAM.--For the bridge program $2,694,000,000 for fiscal year 1998, $2,653,000,000 for fiscal year 1999, $2,646,000,000 for fiscal year 2000, and $2,661,000,000 for each of fiscal years 2001, 2002, and 2003; provided that $17,000,000 of such sums shall be available for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003 to fund the alteration of bridges under the Truman-Hobbs Bridge Act; provided further that the Secretary shall transfer such sums, equivalent amounts of obligation authority, and the responsibility for the administration of such sums to the United States Coast Guard. (6) FEDERAL LANDS HIGHWAYS PROGRAM.-- (A) INDIAN RESERVATION ROADS.--For Indian reservation roads $200,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003. (B) PARK ROADS AND PARKWAYS.--For park roads and parkways $161,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003. (C) PUBLIC LANDS HIGHWAYS.--For public lands highways 50,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003. (D) FOREST HIGHWAYS.--For forest highways $114,000,000, for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003. (7) INFRASTRUCTURE SAFETY.--For the railway-highway crossing program $165,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003; for the hazard elimination program $335,000,000 for fiscal year 1998, $360,000,000 for fiscal year 1999, $385,000,000 for fiscal year 2000, $385,000,000 for fiscal year 2001, $385,000,000 for fiscal year 2002, and $410,000,000 for fiscal year 2003. (8) INTEGRATED SAFETY FUND.--For the integrated safety fund $50,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003. (9) RECREATIONAL TRAILS PROGRAM.--For the Recreational Trails Program $7,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003. (10) UNIVERSITY TRANSPORTATION CENTERS.--For University Transportation Centers $12,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003. SEC. 1002. DEFINITIONS. The undesignated paragraph of section 101(a) of title 23, United States Code, relating to operational improvement, is revised to read as follows: "The term `operational improvement' means the installation, operation, or maintenance, in accordance with the requirements of subsection 6054(h) of the National Economic Crossroads Transportation Efficiency Act of 1997, of public infrastructure to support intelligent transportation systems. The term also includes the installation or operation of traffic management activities; communication systems; roadway weather information and prediction systems; and other such improvements as the Secretary may designate that enhance roadway safety and mobility during adverse weather.". SEC. 1003. NATIONAL HIGHWAY SYSTEM. (a) PROJECT ELIGIBILITY.--Section 103 of title 23, United States Code, is amended-- (1) in paragraph (i)(3)-- (A) by striking "System and" and inserting "System,"; and (B) by inserting after "title 49" the following: ", and capital improvements to National Railroad Passenger Corporation or publicly owned intercity passenger rail lines"; (2) in subparagraph (i)(3)(A) by striking "highway or transit" and inserting "highway, transit, or rail"; (3) in paragraph (i)(13)-- (A) by inserting after "participation in" each place it appears "natural habitat and"; (B) by inserting after "enhance and create" the following: "natural habitats and"; and (C) by inserting before "wetlands conservation" the following "natural habitat and"; and (4) by adding at the end of subsection (i) the following new paragraphs: "(14) Publicly owned intracity or intercity passenger rail or bus terminals, including terminals of the National Railroad Passenger Corporation, and publicly owned intermodal surface freight transfer facilities, other than seaports and airports, where such terminals and facilities are located at or adjacent to National Highway System routes or connections to the National Highway System selected in accordance with subsection (b) of this section. "(15) Infrastructure-based Intelligent Transportation Systems capital improvements. "(16) In the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, any project eligible for funding under section 133 of this title, any airport, and any seaport."; and (5) by adding at the end the following new subsection: "(j) For the purposes of this section, the term "intermodal surface freight transfer facilities" shall include any access road, parking or staging area, ramp, loading or unloading area, rail yard, track, interest in land, publicly owned rail access line to a seaport, and publicly owned access road to a seaport, if they are used to effect the transfer of freight.". (b) PROPOSED NHS.--Section 103(b) of such title is amended-- (1) in subparagraph (2)(B) by striking the last four sentences; (2) in subparagraph (2)(C) by striking "and shall be designated by the Secretary in consultation with appropriate Federal agencies and the States and be subject to approval by Congress in accordance with paragraph (3)"; (3) in subparagraph (2)(D) by striking the last sentence; (4) by striking "(3) APPROVAL OF DESIGNATIONS.--"; (5) by striking subparagraphs (3)(A), (B), and (D) and paragraph (4); (6) by redesignating subparagraph (3)(C) and paragraphs (5), (6), (7), and (8) as paragraphs (3), (4), (5), (6), and (7), respectively; (7) in subparagraph (5)(A), as so redesignated, by striking "paragraph (7)" and inserting "paragraph (6)"; (8) in subparagraph (6)(B), as so redesignated, by striking "Paragraph (6)(B)" and inserting "Subparagraph (5)(B)"; (9) in subparagraph (6)(D), as so redesignated-- (A) by striking "subparagraph (C)(i)" and inserting "clause (C)(i)"; and (B) by striking "paragraph (6)" and inserting "paragraph (5)"; (10) in paragraph (7), as so redesignated, by striking "paragraph (5)" and inserting "paragraph (4)"; and (11) by adding at the end the following new paragraph: "(8) APPROVAL OF INTERMODAL CONNECTORS.--The modifications to the National Highway System that consist of connectors to major ports, airports, international border crossings, public transportation and transit facilities, interstate bus terminals, and rail and other intermodal transportation facilities, as submitted by the Secretary on the map entitled "Pulling Together: The National Highway System and its Connections to Major Intermodal Terminals," and dated May 24, 1996, are hereby designated within the United States, including the District of Columbia and the Commonwealth of Puerto Rico.". SEC. 1004. APPORTIONMENTS. (a) Section 104(a) of title 23, United States Code, is amended by striking "and the Interstate System" and inserting "interstate maintenance, bridge, infrastructure safety program, Interstate reimbursement, minimum allocation, and the Federal Lands Highways Program". (b) Section 104 of such title is amended by revising subsection (b) and paragraphs (b)(1), (2), and (3) to read as follows: "(b) On October 1 of each fiscal year, the Secretary, after making the deduction authorized by subsection (a) of this section and the set-asides authorized by subsection (f) of this section and section 307 of this title, shall apportion the remainder of the sums authorized to be appropriated for expenditure on the National Highway System, the congestion mitigation and air quality improvement program, the surface transportation program, and the Interstate System for that fiscal year, among the several States in the following manner: "(1) NATIONAL HIGHWAY SYSTEM.-- "(A) For the National Highway System, 1 percent to the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and the remaining 99 percent to the States in the following manner: 75 percent in the ratio that each State's annual contributions to the Highway Trust Fund (other than the Mass Transit Account) bear to the total of such annual contributions by all States; 15 percent in the ratio that each State's annual commercial vehicle contributions to the Highway Trust Fund (other than the Mass Transit Account) bear to the total of such annual commercial vehicle contributions by all States; and 10 percent in the ratio that each State's public road mileage bears to the total public road mileage of all States. "(B) Notwithstanding any other provision of this paragraph, each State shall receive a minimum of one-half of 1 percent of the funds apportioned under this paragraph. "(2) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.--For the congestion mitigation and air quality improvement program: in the ratio which the weighted nonattainment and maintenance area populations of each State bear to the total weighted nonattainment and maintenance area population of all States. "(A) Such weighted population shall be calculated by multiplying the population of each area within any State that was a nonattainment or maintenance area as described in subsection 149(b) of this title for ozone, carbon monoxide, or particulate matter by a factor of-- "(i) 1.0 if, at the time of the apportionment, the area has been redesignated as an attainment (maintenance) area under section 107(d) of the Clean Air Act; "(ii) 1.1 if, at the time of 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; "(iii) 1.2 if, at the time of apportionment, the area is classified as a moderate ozone nonattainment area under such subpart; "(iv) 1.3 if, at the time of apportionment, the area is classified as a serious ozone nonattainment area under such subpart; "(v) 1.4 if, at the time of apportionment, the area is classified as a severe ozone nonattainment area under such subpart; "(vi) 1.5 if, at the time of apportionment, the area is classified as an extreme ozone nonattainment area under such subpart; or "(vii) 1.2. if, at the time of apportionment, the area is not a nonattainment or maintenance area as described in subsection 149(b) of this title for ozone, but is a nonattainment area for carbon monoxide or particulate matter. "(B) If the area was also classified under subpart 3 or 4 of part D of title I of such Act as a nonattainment area described in subsection 149(b) of this title for carbon monoxide or particulate matter or both, the weighted nonattainment area population of the area, as determined under clauses (2)(A)(i) through (vi) of this subsection, shall be further multiplied by a factor of 1.2. For an area that is a nonattainment area for both carbon monoxide and for particulate matter and the area's weighted population was determined under clause (2)(A)(vii) of this subsection, the area's weighted population shall be further multiplied by a factor of 1.2. For such areas, the population to which this factor is applied shall be the larger of the carbon monoxide and the particulate matter nonattainment area populations. "(C) Notwithstanding any other provision of this paragraph, each State shall receive a minimum of one-half of 1 percent of the funds apportioned under this paragraph. The Secretary shall use annual estimates prepared by the Secretary of Commerce when determining population figures. "(D) The additional population in geographic areas newly designated as nonattainment areas as a result of the promulgation of new national ambient air quality standards and meeting the conditions of paragraph 149(f)(2) shall be multiplied by a factor of 1.0. "(E) HOLD HARMLESS FROM NEW NAAQS.--Notwithstanding paragraph 149(b)(2) of this title, no State that has submitted a State implementation plan for any nonattainment area newly designated as a result of revisions to the national ambient air quality standards shall receive a lower CMAQ apportionment. The Secretary shall apportion to each State sufficient sums to ensure that each State receives an amount not less than the apportionment each State would have received under this paragraph had such standards not been revised. Such sums as may be necessary to carry out this subparagraph, as determined by the Secretary, shall be set aside from amounts authorized for surface transportation program apportionments under paragraph (b)(3) of this section before such apportionments are made, and shall be distributed at the time apportionments are made under this paragraph. "(3) SURFACE TRANSPORTATION PROGRAM.-- "(A) For the surface transportation program, 70 percent in the ratio that each State's annual contributions to the Highway Trust Fund (other than the Mass Transit Account) bear to the total of such annual contributions by all States; and 30 percent in the ratio that each State's total population bears to the total population of all States, using the latest available annual updates to the Federal decennial census, as prepared by the Secretary of Commerce. "(B) Notwithstanding any other provision of this paragraph, each State shall receive a minimum of one-half of 1 percent of the funds apportioned under this paragraph.". (c) RECREATIONAL TRAILS PROGRAM.--Section 104(h) of such title is revised to read as follows: "(h) RECREATIONAL TRAILS PROGRAM.-- "(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 of this title, the Secretary shall deduct an amount, not to exceed 3 percent of the sums authorized, to cover the cost to the Secretary for administration of and research under the Recreational Trails Program and for administration of the Federal 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 non-profit organizations to perform these tasks. "(2) APPORTIONMENT TO THE STATES.--After making the deduction authorized by paragraph (1) of this subsection, the Secretary shall apportion the remainder of the sums authorized to be appropriated for expenditure on the Recreational Trails Program for each fiscal year, among the States in the following manner: "(A) Fifty percent of that amount shall be apportioned equally among eligible States. "(B) Fifty 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.". (d) WOODROW WILSON MEMORIAL BRIDGE.--Section 104(i) of such title is amended-- (1) by revising paragraph (1) to read as follows: "(1) AUTHORIZATIONS.--There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for the rehabilitation of the Woodrow Wilson Memorial Bridge and for environmental studies and documentation, planning, preliminary engineering and design, final engineering, and construction of a new crossing of the Potomac River as selected in accordance with the Woodrow Wilson Memorial Bridge Authority Act of 1995 $40,000,000 for fiscal year 1998, $180,000,000 for fiscal year 1999, and $180,000,000 for fiscal year 2000. Such funds shall remain available until expended."; and (2) by adding at the end the following new paragraphs: "(3) No contracts shall be let for the actual construction of a new bridge prior to the transfer of ownership of the Woodrow Wilson Memorial Bridge to the Woodrow Wilson Memorial Bridge Authority established in accordance with the Woodrow Wilson Memorial Bridge Authority Act of 1995. "(4) Construction of such bridge shall be administered in accordance with the Federal Acquisition Regulations System, title 48, Code of Federal Regulations.". (e) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.--Section 104 of such title is further amended by adding at the end the following new subsection: "(k) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.-- "(1) Funds made available under chapter 53 of title 49, United States Code, for highway projects shall be transferred to and administered by the Secretary in accordance with the requirements of this title, except that the non-Federal share provisions of chapter 53 shall apply to the transferred funds. "(2) Funds made available under this title for transit projects shall be transferred to and administered by the Secretary in accordance with the requirements of chapter 53 of title 49, United States Code, except that the non-Federal share provisions of this title shall apply to the transferred funds. "(3) Funds made available under chapter 53 of title 49, United States Code, or this title for National Railroad Passenger Corporation projects shall be transferred to and administered by the Secretary in accordance with the requirements of subtitle V, part C, of title 49, United States Code, except that the respective non-Federal share provisions of chapter 53 of title 49, United States Code, or this title shall apply to the transferred funds. "(4) Funds made available under chapter 53 of title 49, United States Code, or this title for other eligible rail projects shall be transferred to and administered by the Secretary in accordance with such requirements as the Secretary may determine, except that the respective non-Federal share provisions of chapter 53 of title 49, United States Code, or this title shall apply to the transferred funds, and except that 49 U.S.C. 5333 shall apply to any funds transferred under this paragraph that are used for the operation or construction of mass transit facilities. "(5) Obligation authority provided for these projects shall be transferred in the same manner and amount as such funds are transferred.". (f) AUDITS OF HIGHWAY TRUST FUND.--From available administrative funds deducted under subsection 104(a) of such title, the Secretary may reimburse the Office of Inspector General of the Department of Transportation for conducting annual financial statement audits in accordance with the provisions of the Chief Financial Officers Act of 1990. (g) EQUITY ADJUSTMENTS.--Section 157 of such title is revised to read as follows: " 157. Equity adjustments "(a) ADJUSTMENTS.-- "(1) MINIMUM ALLOCATION.--In each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003, on October 1, or as soon as possible thereafter, the Secretary shall allocate among the States amounts sufficient to ensure that a State's percentage of the total apportionments in each such fiscal year for Interstate maintenance, National Highway System, surface transportation program, bridge program, congestion mitigation and air quality improvement program, metropolitan planning, and infrastructure safety program shall not be less than 90 percent of the percentage of estimated tax receipts attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account), in the last fiscal year for which data are available. "(2) 90 PERCENT OF APPORTIONMENTS.-- "(A) FISCAL YEAR 1998.--On October 1, 1997, or as soon as possible thereafter, the Secretary shall allocate among the States amounts sufficient to ensure that a State's percentage of the total apportionments in each such fiscal year for interstate maintenance, interstate reimbursement, National Highway System, surface transportation program, bridge program, congestion mitigation and air quality improvement program, metropolitan planning, infrastructure safety program, and minimum allocation shall not be less than 90 percent of the amount of the State's apportionments for such categories, and the amounts received under 90 percent of payments, donor State bonus, hold harmless, subsection 1015(c) of the Intermodal Surface Transportation Efficiency Act of 1991, and section 202 of the National Highway System Designation Act of 1995, in the previous fiscal year. "(B) THEREAFTER.--In each of fiscal years 1999, 2000, 2001, 2002, and 2003, on October 1, or as soon as possible thereafter, the Secretary shall allocate among the States amounts sufficient to ensure that a State's percentage of the total apportionments in each such fiscal year for interstate maintenance, interstate reimbursement, National Highway System, surface transportation program, bridge program, congestion mitigation and air quality improvement program, metropolitan planning, infrastructure safety program, and minimum allocation shall be not less than 90 percent of the amount of the State's apportionments for such categories and amounts received under the 90 percent of apportionments adjustment of this paragraph in the previous fiscal year. "(C) ALASKA.--Notwithstanding subparagraph (B), for each of fiscal years 1999, 2000, 2001, 2002, and 2003, on October 1, or as soon as possible thereafter, the Secretary shall allocate to the State of Alaska an amount sufficient to ensure that Alaska's percentage of the total apportionments in such fiscal year for interstate maintenance, interstate reimbursement, National Highway System, surface transportation program, bridge program, congestion mitigation and air quality improvement program, metropolitan planning, infrastructure safety program, and minimum allocation shall not be less than 100 percent of the amount of Alaska's apportionments for such categories and amounts received under the 90 percent of apportionments adjustment of this paragraph in the previous fiscal year. "(b) TREATMENT OF ALLOCATIONS.-- "(1) Amounts allocated pursuant to subsection (a) of this section shall be available for obligation when allocated, shall be subject to the provisions of this title, and may be obligated for any project eligible for funding under this title. One-half of the amounts allocated pursuant to subsection (a) of this section shall be subject to section 133(d)(2) of this title. Obligation limitations for Federal-aid highways and highway safety infrastructure programs under this title or established by any subsequent Act shall not apply to obligations made under this section, except where the provision of law establishing such limitation specifically amends or limits the applicability of this sentence. "(2) Notwithstanding subsection (a) of this section, the total amounts allocated pursuant to such subsection shall not exceed the amounts authorized in subsection (d) of this section. If the total amounts to be allocated pursuant to subsection (a) of this section in any fiscal year would exceed of the amounts authorized for such fiscal year under subsection (d) of this section, the allocation to each State under subsection (a) of this section shall be reduced proportionately. "(c) TREATMENT OF WITHHELD APPORTIONMENTS.--For purposes of subsection (a) of this section, any funds which, but for subsection 158(b) of this title or any other provision of law under which Federal-aid highway funds are withheld from apportionment, would be apportioned to a State in a fiscal year under a section referred to in subsection (a) shall be treated as being apportioned in such year. "(d) AUTHORIZATION OF APPROPRIATIONS.--In order to carry out this section, there are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $790,000,000 for fiscal year 1998, $674,000,000 for fiscal year 1999, $583,000,000 for fiscal year 2000, $528,000,000 for fiscal year 2001, $508,000,000 for fiscal year 2002, and $508,000,000 for fiscal year 2003.". (h) CONFORMING AMENDMENT.--The analysis of chapter 1 of such title is amended by striking "157. Minimum allocation." and inserting "157. Equity adjustments.". SEC. 1005. STATE PERCENTAGE GUARANTEE. (a) GENERAL RULE.--The amount of funds which, but for this subsection, would be apportioned to a State for each of fiscal years 1998 through 2003 under section 104(b)(3) of title 23, United States Code, shall be increased or decreased by an amount which, when added to or subtracted from the aggregate amount of funds apportioned to a State for such fiscal year under sections 104(b), 144, 157, 160, and 164 of such title will result in the percentage of amounts so apportioned to all States being at least equal to the percentage listed for such State in subsection (b) of this section. (b) STATE PERCENTAGES.--For purposes of subsection (a) of this section, the percentage of amounts apportioned which are referred to in subsection (a) for each State, Puerto Rico, and the District of Columbia shall be determined in accordance with the following table: States: Percentages: Alabama 1.67 Alaska 1.17 Arizona 1.4 Arkansas 1.14 California 8.87 Colorado 1.1 Connecticut 1.87 Delaware 0.4 District of Columbia 0.49 Florida 4.03 Georgia 2.86 Hawaii 0.69 Idaho 0.63 Illinois 3.38 Indiana 2.16 Iowa 1.11 Kansas 1.09 Kentucky 1.47 Louisiana 1.39 Maine 0.48 Maryland 1.63 Massachusetts 2.81 Michigan 2.72 Minnesota 1.36 Mississippi 1.08 Missouri 2.1 Montana 0.87 Nebraska 0.76 Nevada 0.57 New Hampshire 0.46 New Jersey 2.69 New Mexico 0.97 New York 5.19 North Carolina 2.5 North Dakota 0.57 Ohio 3.47 Oklahoma 1.35 Oregon 1.13 Pennsylvania 4.11 Rhode Island 0.53 South Carolina 1.24 South Dakota 0.64 Tennessee 1.97 Texas 6.21 Utah 0.71 Vermont 0.42 Virginia 2.16 Washington 1.8 West Virginia 0.88 Wisconsin 1.87 Wyoming 0.62 Puerto Rico 0.46 SEC. 1006. PROJECT APPROVAL AND OVERSIGHT. (a) Section 106 of title 23, United States Code, is amended-- (1) by revising the section title to read as follows: " 106. Project approval and oversight"; (2) by redesignating subsections (e) and (f) as (g) and (h), respectively; and (3) by striking subsections (a), (b), (c), and (d) and inserting the following: "(a) IN GENERAL.--Except as otherwise provided in this section, the State highway department shall submit to the Secretary for approval such plans, specifications, and estimates for each proposed project as the Secretary may require. The Secretary shall act upon such plans, specifications, and estimates as soon as practicable after they have been submitted, and shall enter into a formal project agreement with the State highway department formalizing the conditions of the project approval. The execution of such project agreement shall be deemed a contractual obligation of the Federal government for the payment of its proportional contribution thereto. In taking such action, the Secretary shall be guided by the provisions of section 109 of this title. "(b) PROJECT AGREEMENT.--The project agreement shall make provision for State funds required for the State's pro rata share of the cost of construction of the project and for the maintenance of the project after completion of construction. The Secretary may rely upon representations made by the State highway department with respect to the arrangements or agreements made by the State highway department and appropriate local officials where a part of the project is to be constructed at the expense of, or in cooperation with, local subdivisions of the State. "(c) SPECIAL RULES FOR PROJECT OVERSIGHT.-- "(1) NHS PROJECTS.--Except as otherwise provided in subsection (d) of this section, The Secretary may discharge to the State any of the Secretary's responsibilities for the design, plans, specifications, estimates, contract awards, and inspection of projects under this title on the National Highway System. The Secretary and the State shall reach agreement as to the extent the State may assume the Secretary's responsibilities under this subsection. The Secretary may not assume any greater responsibility than the Secretary is permitted under this title as of September 30, 1997, except upon agreement by the Secretary and the State. "(2) NON-NHS PROJECTS.--For all projects under this title that are off the National Highway System, the State shall assume the Secretary's responsibility for the design, plans, specifications, estimates, contract awards, and inspection of projects under this title. "(d) SECRETARY'S RESPONSIBILITIES.--Nothing in this section, section 133, and section 149 of this title shall affect or discharge any responsibility or obligation of the Secretary under any Federal law, other than this title, provided that any responsibility or obligation of the Secretary under sections 113 and 114 of this title, and section 5333 of title 49, United States Code, shall not be affected and may not be discharged under this section, section 133, or section 149 of this title. "(e) In such cases as the Secretary deems advisable, plans, specifications, and estimates for proposed projects on any Federal-aid highway shall be accompanied by a value engineering or other cost reduction analysis. "(f) FINANCIAL PLAN.--The Secretary shall require a financial plan for any project with an estimated total cost of $1,000,000,000 or more.". (b) SAFETY STANDARDS.--Section 109 of such title is amended by adding at the end the following new subsection: "(r) Safety considerations for projects under this title may be met by phase construction.". (c) DAVIS-BACON ACT.--Section 113(a) of such title is revised to read as follows: "(a) The Secretary shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work authorized under this title be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 275a-276a-5). For a labor standard under this subsection, the Secretary of Labor has the same duties and powers stated in Reorganization Plan No.14 of 1950 (effective May 24, 1950, 64 Stat. 1267) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c). This subsection shall not apply to construction work undertaken on highways classified as local roads or rural minor collectors. This subsection shall also not apply to transportation enhancement activities or recreational trails activities, provided that such activities are not within the right-of-way of or related to a Federal-aid highway.". (d) Such title is further amended by striking sections 105, 110 and 117. (e) CONFORMING AMENDMENT.--The analysis for chapter 1 of title 23 is amended-- (1) by revising the item relating to section 106 to read as follows: "106. Project approval and oversight."; and (2) by striking the items relating to sections 110 and 117. SEC. 1007. REAL PROPERTY ACQUISITION AND CORRIDOR PRESERVATION. (a) ADVANCE ACQUISITION OF REAL PROPERTY.--Section 108 of title 23, United States Code, is amended-- (1) by revising the section heading to read as follows: " 108. Advance acquisition of real property"; (2) by revising subsection (a) to read as follows: "(a) For the purpose of facilitating the timely and economical acquisition of real property for any transportation improvement eligible for funding under this title, the Secretary, upon the request of a State, is authorized to make available, for the acquisition of real property, those funds apportioned to that State which may be expended on such transportation improvement, under such rules and regulations as the Secretary may prescribe. The agreement between the Secretary and the State for the reimbursement of the cost of such real property shall provide for the actual construction of a transportation improvement within a period not exceeding 20 years following the fiscal year in which such request is made unless a longer period is determined to be reasonable by the Secretary."; and (3) by revising subsection (c) to read as follows: "(c) Funds apportioned and advanced to States by the Secretary from the right-of-way revolving fund pursuant to this section prior to the effective date of this section remain available to such States for use on the projects for which such funds were advanced for a period of 10 years from the date such funds were advanced. Immediately upon the termination of the 10-year period of time, or when actual construction is commenced, or upon approval by the Secretary of the plans, specifications, and estimates for such project for the actual construction of a project on rights-of-way with respect to which funds had been advanced from the right-of-way revolving fund, whichever shall occur first, the Highway Trust Fund shall be credited with an amount equal to the Federal share of the funds advanced, as provided in section 120 of this title, out of any Federal-aid highway funds apportioned to the State in which such project is located and available for obligation for projects of the type funded, and 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.". (b) CREDIT FOR ACQUIRED LANDS.--Section 323(b) of such title is amended-- (1) by revising the subsection heading to read as follows: "(b) CREDIT FOR ACQUIRED LANDS.--"; (2) by revising paragraphs (1) and (2) to read as follows: "(1) GENERAL RULE.--Notwithstanding any other provision of this title, the State matching share for a project with respect to which Federal assistance is provided out of the Highway Trust Fund (other than the Mass Transit Account) may be credited by the fair market value of any land that is obtained by the State without violation of Federal law or requirements and is incorporated into the project. "(2) ESTABLISHMENT OF FAIR MARKET VALUE.--The fair market value of the land incorporated into a project shall be established as determined by the Secretary. Fair market value shall not include increases and decreases in the value of donated property caused by the project. For purposes of this subsection, the fair market value of donated land shall be established as of the date the donation becomes effective or when equitable title to the land vests in the State, whichever is earlier."; (3) by striking paragraph (3); (4) in paragraph (4), by striking "to which the donation is applied"; and (5) by redesignating paragraph (4) as paragraph (3). (c) CONFORMING AMENDMENT.--The analysis for chapter 1 of title 23, United States Code, is amended by striking "108. Advance acquisition of rights-of-way." and inserting "108. Advance acquisition of real property.". SEC. 1008. PROCEEDS FROM THE SALE OR LEASE OF REAL PROPERTY. (a) IN GENERAL.--Section 156 of title 23, United States Code, is revised to read as follows: " 156. Proceeds from the sale or lease of real property "(a) Subject to section 142(f) of this title, States shall charge, at a minimum, fair market value for the sale, use, lease, or lease renewals (other than for utility use and occupancy or for transportation projects 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 to charging for use or disposition of real property may be granted by the Secretary for social, environmental, or economic mitigation purposes. "(c) The Federal share of net income from the revenues obtained by the State for sales, uses, or leases (including lease renewals) under this section shall be used by the State for projects eligible under this title.". (b) CONFORMING AMENDMENT.--The analysis for chapter 1 of title 23, United States Code, is amended by striking "156. Income from airspace rights-of-way." and inserting "156. Proceeds from the sale or lease of real property.". SEC. 1009. INTERSTATE MAINTENANCE PROGRAM. (a) ELIMINATION OF GUIDELINES AND ANNUAL CERTIFICATION REQUIREMENTS; PREVENTIVE MAINTENANCE ELIGIBILITY.-- (1) Section 109 of title 23, United States Code, is amended-- (A) by striking subsection (m); and (B) by redesignating subsections (n), (o), (p), (q), and (r) as (m), (n), (o), (p), and (q), respectively. (2) Section 119 of such title is amended-- (A) by striking subsections (b) and (e); and (B) by redesignating subsections (c), (d), (f), and (g) as (b), (c), (d), and (e), respectively. (b) ELIGIBLE ACTIVITIES.--Section 119(b) of such title, as so redesignated, is amended-- (1) by inserting "highways," after "reconstruction of"; and (2) by inserting "and ITS capital improvements that are infrastructure based to the extent that they improve the performance of the Interstate System," after "where necessary,". (c) TRANSFERABILITY OF INTERSTATE MAINTENANCE FUNDS.--Section 119(d) of such title, as so redesignated, is revised to read as follows: "(d) TRANSFERABILITY OF INTERSTATE MAINTENANCE FUNDS.--If a State certifies to the Secretary that any part of the sums apportioned to the State under section 104(b)(5)(B) of this title are in excess of the needs of the State for its Interstate System pavement and bridges and that the State is adequately maintaining its Interstate System pavement and bridges in accordance with condition criteria developed by the Secretary, and the Secretary accepts such certification, the State may transfer such excess part to its apportionment under sections 104(b)(1) and 104(b)(3) of this title.". (d) TECHNICAL AMENDMENT.--Section 119(a) of such title is amended by striking "; except that the Secretary may only approve a project pursuant to this subsection on a toll road if such road is subject to a Secretarial agreement provided for in subsection (e)". SEC. 1010. MAINTENANCE. (a) DUTY TO MAINTAIN.--Section 116(a) of title 23, United States Code, is amended by striking "system." and inserting "highway, or, for a highway bridge on a public road that is classified as a local or rural minor collector, such obligation shall cease when such road is no longer a public road.". (b) ANNUAL CERTIFICATION.--Section 116(c) of such title is amended-- (1) by striking "If at any time" and inserting "Each State shall annually certify to the Secretary that it is maintaining each project constructed with Federal-aid highway funds in accordance with the purposes for which each project was designed and constructed. If a State does not so certify or if, at any time,"; and (2) by inserting after "until such" the following: "certification has been submitted and accepted or such". (c) TECHNICAL AMENDMENTS.--Section 116 of such title is amended-- (1) in subsection (b)-- (A) by striking "the Federal-aid secondary system, or within a municipality," and inserting "a Federal-aid highway, or within a jurisdiction,"; and (B) by striking "county or municipality" and inserting "jurisdiction"; and (2) in subsection (c)-- (A) by striking "he" and inserting "the Secretary"; and (B) by striking "further projects" and inserting "further expenditure of Federal-aid highway program funds". SEC. 1011. INTERSTATE 4R DISCRETIONARY PROGRAM. Section 118 of title 23, United States Code, is amended-- (a) in the heading for subsection (c) by striking "Set Aside for Interstate Discretionary Projects.--" and inserting "SET ASIDE FOR INTERSTATE 4R PROJECTS.--"; (b) by striking paragraphs (c)(1) and (c)(2); and (c) by inserting after the heading of subsection (c) the following: "(1) IN GENERAL.--Before any apportionment is made under section 104(b)(1) of this title, the Secretary shall set aside $45,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 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 and any toll road on the Interstate System not subject to an agreement under section 119(e) of this title, as in effect on the day before the date of enactment of the Intermodal Surface Transportation Efficiency Act of 1991, or an agreement under section 129(a) of this title). Such funds shall be made available by the Secretary to any State applying for such funds, if the Secretary determines that-- "(A) the State has obligated or demonstrates that it will obligate in the fiscal year all of its apportionments under section 104(b)(1) of this title other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a project for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System which 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 one 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 of obligation. "(2) PRIORITY CONSIDERATION FOR CERTAIN I-4R PROJECTS.--In selecting projects to fund under paragraph (1) of this subsection, 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. "(3) PERIOD OF AVAILABILITY OF DISCRETIONARY FUNDS.--Sums made available pursuant to this subsection shall remain available until expended.". SEC. 1012. EMERGENCY RELIEF. (a) FEDERAL SHARE.--Section 120(e) of title 23, United States Code, is amended-- (1) by striking "highway system" and inserting "highway"; (2) by striking "the Federal share payable on a project on such system as provided in subsections (a) and (b) of this section" and inserting "75 percent of the costs thereof"; and (3) by striking "180 days" inserting "30 days". (b) ELIGIBILITY AND FUNDING.--Section 125 of such title is amended-- (1) by striking subsection (a); (2) by redesignating subsections (b), (c), and (d) as (d), (e), and (f), respectively; (3) by inserting after the section heading the following new subsections: "(a) GENERAL ELIGIBILITY.--An emergency fund is authorized for expenditure by the Secretary, subject to the provisions of this section and section 120 of this title, for the repair or reconstruction of highways, roads, and trails which the Secretary finds have suffered serious damage, in any part of the United States, including Indian reservations, as a result of-- "(1) natural disaster over a wide area, such as by floods, hurricanes, tidal waves, earthquakes, severe storms, or landslides; 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 structural deficiencies or physical deterioration. "(c) FUNDING.--Subject to the following limitations, there is hereby authorized to be appropriated from the Highway Trust Fund 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 one fiscal year commencing after September 30, 1980, to carry out the provisions of this section, except that, if in any fiscal year the total of all obligations under this section is less than the amount authorized to be obligated in such fiscal year, the unobligated balance of such amount shall remain available until expended and shall be in addition to amounts otherwise available to carry out this section each year; and "(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, provided that such funds are reimbursed from the appropriations authorized in paragraph (1) of this subsection when such appropriations are made."; (4) in subsection (d), as so redesignated, by striking "subsection (c)" both times it appears and inserting "subsection (e)"; and (5) in subsection (e), as so redesignated, by striking "on any of the Federal-Aid highway systems" and inserting "Federal-aid highways". SEC. 1013. TOLLS ROADS, BRIDGES, TUNNELS, AND FERRIES. (a) TOLLS ON THE INTERSTATE SYSTEM.--Section 129(a)(1) of title 23, United States Code, is amended-- (1) in subparagraph (A) by striking "(other than a highway, bridge, or tunnel on the Interstate System)"; and (2) in subparagraph (D) by striking "(other than a highway on the Interstate System)". (b) ELIMINATION OF PILOT PROGRAM.--Section 129 of such title is amended by striking subsection (d). SEC. 1014. SURFACE TRANSPORTATION PROGRAM. (a) ESTABLISHED PROGRAM.--Section 133(a) of title 23, United States Code, is amended by striking "ESTABLISHMENT.--The Secretary shall establish" and inserting "IN GENERAL.--The Secretary shall carry out". (b) ELIGIBLE PROJECTS.--Section 133(b) of such title is amended-- (1) in paragraph (2) by striking "and publicly owned intracity or intercity bus terminals and facilities" and inserting ", including vehicles and facilities, publicly or privately owned, that are used to provide intercity passenger service by bus or rail"; (2) in paragraph (3) by adding after "section 217" the following: ", and the modification of existing public sidewalks to comply with the requirements of the Americans with Disabilities Act"; (3) in paragraph (4)-- (A) by inserting ", publicly owned rail," after "Highway"; (B) by inserting "infrastructure" after "safety"; and (C) by inserting before the period "and any other non-infrastructure highway safety improvements"; (4) in paragraph (8), by inserting after "activities" the following: ", as defined in subsection 101(a), provided that such activities have a direct link to surface transportation"; (5) in paragraph (11)-- (A) by inserting after "participation in" each place it appears "natural habitat and"; (B) by inserting after "enhance and create" the following: "natural habitats and"; and (C) by inserting before "wetlands conservation" the following "natural habitat and"; and (6) by adding at the end thereof the following: "(12) Publicly owned intercity passenger rail infrastructure and publicly owned intercity freight rail infrastructure, including that owned by the National Railroad Passenger Corporation. "(13) Publicly owned passenger rail vehicles, including those owned by the National Railroad Passenger Corporation. "(14) Infrastructure-based Intelligent Transportation Systems capital improvements.". (c) ELIMINATION OF SAFETY SET-ASIDE.--Section 133 of such title is amended-- (1) in the heading of subsection (d) by striking "ALLOCATIONS OF APPORTIONED FUNDS" and inserting "USE OF FUNDS"; (2) in subsection (d)-- (A) by striking paragraph (1); and (B) by redesignating paragraphs (2), (3), (4), and (5), as (1), (2), (3), and (4), respectively; (3) in paragraph (d)(2), as so redesignated, by striking "80" and inserting "90"; (4) in subparagraph (d)(2)(B), as so redesignated, by striking "tobe obligated under subparagraph" and inserting "to be obligated under clause"; (5) in subparagraph (d)(2)(E), as so redesignated, by striking "subparagraph" each place it appears and inserting "clause"; and (6) in subparagraph (d)(4)(A), as so redesignated, by striking "paragraph (2)" and inserting "paragraph (1)". (d) PROGRAM APPROVAL.--Section 133(e)(2) of such title is amended to read as follows: "(2) PROGRAM APPROVAL.--Each State shall submit a project agreement for each fiscal year, certifying that the State will meet all the requirements of this section and notifying the Secretary of the amount of obligations needed to administer the surface transportation program. Each State shall request adjustments to the amount of obligations as needed. The Secretary's approval of the project agreement shall be deemed a contractual obligation of the United States for the payment of surface transportation program funds provided under this title.". (e) PAYMENTS.--Section 133(e)(3) of such title is amended-- (1) by striking the second sentence in subparagraph (A); and (2) by striking "subsection (d)(2)" and inserting "paragraph (d)(1)" in clause (B)(i). (f) OBLIGATION AUTHORITY.--Section 133(f) of such title is amended to read as follows: "(f) OBLIGATION AUTHORITY.--(1) A State that is required to obligate in an urbanized area with an urbanized area population of over 200,000 under subsection (d) of this section funds apportioned to it under section 104(b)(3) of this title shall make available during the 3-fiscal year period of 1998 through 2000 and the 3-fiscal year period of 2001 through 2003 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction for use in such area determined by multiplying-- "(A) the aggregate amount of funds that the State is required to obligate in such area under subsection (d) of this section during each such period; by "(B) the ratio of the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction during each such period to the total sums apportioned to the State for Federal-aid highways and highway safety construction (excluding sums not subject to an obligation limitation) during each such period. "(2) Each State, affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with paragraph (1) of this subsection. "(3) Each State, in cooperation with each affected metropolitan planning organization, shall ensure fair and equitable treatment of central cities over 200,000 population in implementing the requirements of paragraph (1) of this subsection.". SEC. 1015. METROPOLITAN PLANNING. Section 134 of title 23, United States Code, is revised to read as follows: " 134. Metropolitan planning "(a) GENERAL REQUIREMENTS.--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 within and through urbanized areas, while minimizing transportation-related fuel consumption and air pollution, in a fair and equitable manner. To accomplish this objective, metropolitan planning organizations, in cooperation with the State and public transit operators, shall develop transportation plans and programs for urbanized areas of the State. Such plans and programs shall provide for the development and integrated management and operation (excluding maintenance) of transportation systems and facilities (including pedestrian walkways and bicycle transportation facilities) which 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 Nation. The process for developing such 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. "(b) METROPOLITAN PLANNING ORGANIZATIONS.-- "(1) DESIGNATION.--To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area of more than 50,000 population by agreement between the Governor and units of general purpose local government which together represent at least 51 percent of the affected population (including the central city or cities as defined by the Bureau of the Census) or by procedures established under applicable State law. "(2) REDESIGNATION.--A metropolitan planning organization may be redesignated by agreement between the Governor and units of general purpose local government which together represent at least 51 percent of the affected population (including the central city or cities as defined by the Bureau of the Census) or by procedures established under applicable State law. "(3) DESIGNATION OF MORE THAN ONE MPO.--More than one metropolitan planning organization may be designated within an existing metropolitan planning area only if the Secretary concurs with a request from the Governor and existing MPO that the size and complexity of the existing metropolitan planning area make designation of more than one metropolitan planning organization for such area appropriate. "(4) MPO STRUCTURE.--The policy boards of metropolitan planning organizations, serving areas designated as a transportation management area, when designated or redesignated, shall include local officials, officials of public agencies which 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 appropriate State officials. "(5) LIMITATION ON STATUTORY CONSTRUCTION.--Nothing in this subsection shall be construed to interfere with the authority, under any State law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities to-- "(A) develop plans and programs for adoption by a metropolitan planning organization; and "(B) develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law. "(c) METROPOLITAN PLANNING AREA BOUNDARIES.--For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by agreement between the metropolitan planning organization and the Governor. Each metropolitan planning area shall cover at least the existing urbanized area and the contiguous area expected to become urbanized within the 20-year forecast period and may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. For an area designated as a nonattainment area for ozone, carbon monoxide, or particulate matter under the Clean Air Act, the boundaries of the metropolitan planning area in existence as of the last day of fiscal year 1996 shall be retained, except that such boundaries may be adjusted by agreement of the affected metropolitan planning organizations and Governors. For an urbanized area designated after September 30, 1996, the planning area boundaries shall cover at least the urbanized area and the contiguous area expected to become urbanized within the 20-year forecast period and may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. The boundaries shall be established by agreement between the appropriate units of general purpose local government (including the central city) and the Governor and address appropriately any nonattainment area identified under the Clean Air Act for ozone, carbon monoxide, or particulate matter. "(d) COORDINATION IN MULTISTATE AREAS.-- "(1) IN GENERAL.--The Secretary shall encourage Governors with responsibility for a portion of a multi-State 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 hereby given to any two or more States 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 such activities pertain to interstate areas and localities within such States and to establish such agencies, joint or otherwise, as such States may deem desirable for making such agreements and compacts effective. "(e) COORDINATION OF MPO'S.--If more than one metropolitan planning organization has authority within an existing metropolitan planning area or an area which is designated as a nonattainment area for ozone, carbon monoxide or particulate matter under the Clean Air Act, each metropolitan planning organization shall coordinate with the other metropolitan planning organizations designated for such area and the State in the development of plans and programs required by this section. "(f) SCOPE OF THE PLANNING PROCESS.-- "(1) The metropolitan transportation planning process shall consider as appropriate goals and objectives that-- "(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; "(C) increase the accessibility and mobility options available to people and for freight; "(D) protect and enhance the environment, energy conservation, and 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) The metropolitan planning organization shall cooperatively determine with the State and transit operator(s) how these considerations are translated into metropolitan goals and objectives and how they are factored into decision making. "(g) DEVELOPMENT OF TRANSPORTATION PLAN.-- "(1) IN GENERAL.--Each metropolitan planning organization shall prepare, and update periodically, according to a schedule that the Secretary determines to be appropriate, a transportation plan for its metropolitan area in accordance with the requirements of this subsection. "(2) TRANSPORTATION PLAN.--A transportation plan under this section shall at a minimum: "(A) Identify transportation facilities (including but not necessarily limited to major roadways, transit, multimodal and intermodal facilities) that should function as a future integrated transportation system, giving emphasis to those facilities that serve important national and regional transportation functions. In formulating transportation plans, the metropolitan planning process shall address the considerations in subsection (f) of this section, any State or local goals developed within the cooperative metropolitan planning process, and other issues addressed in this section as they relate to a 20-year forecast period and to other forecast periods as determined by the participants in the planning process. "(B) Identify transportation strategies necessary to-- "(i) ensure preservation, including requirements for management, operation (excluding maintenance), modernization and rehabilitation, of the existing and future transportation system; and "(ii) make the most efficient use of existing transportation facilities to relieve congestion, to efficiently serve the mobility needs of people and goods and to enhance access within the metropolitan planning area, especially for those without access to private motor vehicles. "(C) Include a financial plan that demonstrates how the adopted 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. For the purpose of developing the transportation plan, the MPO, public transit agency and State shall cooperatively develop estimates of funds that will be available to support plan implementation. "(3) COORDINATION WITH RELATED PLANNING ACTIVITIES.-- "(A) In metropolitan areas that are in nonattainment for ozone, carbon monoxide, or particulate matter under the Clean Air Act (41 U.S.C. 7401 et seq.), the metropolitan planning organization and the State air quality agency (and local air quality agencies as appropriate) shall coordinate the process of developing the transportation plan and the State air quality implementation plan, including development of the transportation control measures for the State implementation plan. "(B) The metropolitan planning process shall develop transportation plans with due consideration of and in coordination with other related planning activities within the metropolitan planning area. "(4) PARTICIPATION BY INTERESTED PARTIES.--Before adopting a transportation plan, each metropolitan planning organization shall provide citizens, affected public agencies, representatives of transportation agency employees, freight shippers, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the transportation plan, in a manner that the Secretary deems appropriate. "(5) PUBLICATION OF TRANSPORTATION PLAN.--Each transportation plan prepared by a metropolitan planning organization shall be-- "(A) published or otherwise made readily available for public review; and "(B) submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish. "(h) METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM.-- "(1) DEVELOPMENT.--The metropolitan planning organization designated for a metropolitan area, in cooperation with the State and any affected public transit operator, shall develop a transportation improvement program for the area for which such organization is designated. In developing the program, the metropolitan planning organization, in cooperation with the State and affected public transit operator, shall provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, freight shippers, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the proposed program. The program shall be updated at least once every 2 years and shall be approved by the metropolitan planning organization and the Governor. "(2) CONTENT.--The transportation improvement program shall include the following: "(A) A listing of proposed federally supported surface transportation projects and strategies to be carried out within each 3-year period after the initial adoption of the transportation improvement program. "(B) A financial plan that demonstrates how the 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 program, and identifies innovative financing techniques to finance projects, programs, and strategies. For the purpose of developing the transportation improvement program, the MPO, public transit agency and State shall cooperatively develop estimates of funds that will be available to support program implementation. "(3) INCLUDED PROJECTS.--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 chapter 1 of this title and chapter 53 of title 49, United States Code. Regionally significant projects proposed for funding under chapter 2 of this title shall be identified individually, and chapter-2 funded projects not deemed to be regionally significant shall be either grouped in one line item or identified individually. All projects shall be consistent with the transportation plan developed under subsection (g) of this section for the area. 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 public transit operator, provide citizens, affected public agencies, representatives of transportation agency employees, private providers of transportation, and other interested parties with reasonable notice of and an opportunity to comment on the proposed program. "(5) SELECTION OF PROJECTS.--Except as otherwise provided in paragraph (i)(4) of this section and in addition to the cooperative transportation improvement program development called for in paragraph (h)(1) of this section, selection of federally funded projects for implementation in metropolitan areas shall be carried out by the State and designated transit funding recipients from the approved transportation improvement program in cooperation with the metropolitan planning organization. "(i) TRANSPORTATION MANAGEMENT AREAS.-- "(1) DESIGNATION.--The Secretary shall designate as transportation management areas all urbanized areas over 200,000 population. The Secretary shall designate any additional area as a transportation management area upon the request of the Governor and the metropolitan planning organization designated for such area. "(2) TRANSPORTATION PLANS AND PROGRAMS.--Within a transportation management area, transportation plans and programs shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and public transit operator. "(3) CONGESTION MANAGEMENT SYSTEM.--Within a transportation management area, the transportation planning process under this section shall include a congestion management system that provides for effective management of new and existing transportation facilities eligible for funding under this title and chapter 53 of title 49, United States Code, through the use of travel demand reduction and operational management strategies. "(4) SELECTION OF PROJECTS.--In addition to the cooperative transportation improvement program development called for in paragraph (h)(1) of this section, all federally funded projects carried out within the boundaries of a transportation management area pursuant to this title (excluding projects undertaken on the National Highway System and pursuant to the bridge and interstate maintenance programs) or pursuant to chapter 53 of title 49, United States Code, shall be selected for implementation from the approved transportation improvement program by the metropolitan planning organization designated for such area in consultation with the State and public transit operator. Projects undertaken within the boundaries of a transportation management area on the National Highway System or pursuant to the bridge and Interstate maintenance programs shall be selected for implementation from the approved transportation improvement program by the State in cooperation with the metropolitan planning organization designated for such area. "(5) CERTIFICATION.--The Secretary shall assure that the metropolitan planning process in each transportation management area is being carried out under applicable provisions of Federal law, and shall so certify at least once every 3 years. The Secretary may make such certification only if (1) the transportation planning process complies with the requirements of this section and other applicable requirements of Federal law, and (2) there is a transportation improvement program for the area that has been approved by the metropolitan planning organization and the Governor. If a metropolitan planning process is not certified, the Secretary may withhold all or part of the apportioned funds attributable to the transportation management area under title 23 and chapter 53 of title 49, United States Code. The withheld apportionments shall be restored to the metropolitan area at such time as the metropolitan planning organization is certified by the Secretary. The Secretary shall not withhold certification under this section based upon 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. "(j) ABBREVIATED PLANS AND PROGRAMS FOR CERTAIN AREAS.--For a metropolitan area not designated as a transportation management area under this section, the Secretary may provide for the development of an abbreviated metropolitan transportation plan and program that the Secretary determines to be appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems in such area. In no event shall the Secretary permit abbreviated plans or programs for a metropolitan area which is in nonattainment for ozone, carbon monoxide or particulate matter under the Clean Air Act. "(k) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT AREAS.-- Notwithstanding any other provisions of this title or chapter 53 of title 49, United States Code, for a transportation management area classified as nonattainment for ozone, carbon monoxide or particulate matter pursuant to the Clean Air Act, Federal funds may not be programmed in such area for any highway project that will result in a significant increase in carrying capacity for single-occupant vehicles unless the project results from an approved congestion management system which is part of the planning process. The provisions of this subsection apply to the nonattainment area within the planning area boundary defined in subsection (c) of this section. "(l) LIMITATION ON STATUTORY CONSTRUCTION.--Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under this title of chapter 53 of title 49, United States Code. "(m) FUNDING.--Funds set aside pursuant to section 104(f) of this title and section 5303 of title 49 shall be available to carry out the requirements of this section. Any funds that are not used for the purpose of carrying out this section may be made available by the metropolitan planning organization to the State for the purpose of funding activities under section 135 of this title." SEC. 1016. STATEWIDE PLANNING. Section 135 of title 23, United States Code, is revised to read as follows: " 135. Statewide planning "(a) GENERAL REQUIREMENTS.--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 throughout the State in a fair and equitable manner. Subject to section 134 of this title and sections 5303 through 5305 of title 49, the State shall develop transportation plans and programs for all areas of the State. Such plans and programs shall provide for the development and integrated management and operation (excluding maintenance) of transportation systems (including pedestrian walkways and bicycle transportation facilities) that will function as an intermodal State transportation system and an integral part of the Nation's intermodal transportation system. The process for developing such 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. "(b) SCOPE OF THE PLANNING PROCESS.-- "(1) Each State shall undertake a transportation planning process that shall consider as appropriate transportation goals and objectives that-- "(A) support the economic vitality of the Nation, its States and metropolitan areas, especially by enabling global competitiveness, productivity and efficiency; "(B) increase the safety and security of the transportation system; "(C) increase the accessibility and mobility options available to people and for freight, especially to people without access to private motor vehicles; "(D) protect and enhance the environment, energy conservation, and 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) The State shall cooperatively determine with its planning partners how these considerations are translated into State goals and objectives and how they are factored into decision-making. "(3) In addition, each State in carrying out planning under this section shall consider the following: "(A) The coordination of transportation plans, programs and planning activities developed and performed for metropolitan areas of the State under section 134 of this title and sections 5303 through 5305 of title 49, with the State transportation plans, programs and planning activities developed and performed under this section and the reconciliation of such plans and programs as necessary to ensure connectivity within transportation systems and to ensure that the requirements of the Clean Air Act are met. "(B) In non-metropolitan areas the concerns of local elected officials having jurisdiction over transportation. "(C) The concerns of Indian tribal governments and Federal Lands Agencies having jurisdiction over lands within the boundaries of the State. "(D) Coordination of transportation plans, programs and planning activities with related planning activities being undertaken outside of metropolitan planning areas. "(c) TRANSPORTATION PLAN.--The State shall develop a transportation plan, with a minimum 20-year forecast period, for all areas of the State that provides for the development and implementation of the State's intermodal transportation system. With respect to metropolitan areas of the State, the plan shall be developed in cooperation with metropolitan planning organizations designated for metropolitan areas in the State under section 134 of this title and sections 5303 through 5305 of title 49. In non-metropolitan areas, the statewide plan shall be developed in consultation with local elected officials with jurisdiction over transportation. With respect to areas of the State under the jurisdiction of an Indian tribal government, the plan shall be developed in cooperation with such government and the Secretary of the Interior. In developing the plan, the State shall provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, freight shippers, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the proposed plan and shall identify transportation strategies necessary to efficiently serve the mobility needs of people, especially those without access to private motor vehicles. "(d) STATE TRANSPORTATION IMPROVEMENT PROGRAM.-- "(1) DEVELOPMENT.--The State shall develop a transportation improvement program for all areas of the State. With respect to a metropolitan area of the State, the program shall be developed in cooperation with the metropolitan planning organizations designated for the metropolitan area under section 134 of this title and sections 5303 through 5305 of title 49. In a non-metropolitan area, the program shall be developed in consultation with local elected officials with jurisdiction over transportation. In developing the program, the Governor shall provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, freight shippers, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the proposed program. "(2) INCLUDED PROJECTS.--A transportation improvement program for a State developed under this subsection shall include federally supported surface transportation expenditures within the boundaries of the State. Regionally significant projects proposed for funding under chapter 2 of this title shall be identified individually, and chapter 2-funded projects not deemed to be regionally significant shall be either grouped in one line item or identified individually. All projects shall be consistent with the transportation plan developed under this section for the State, identical with an approved metropolitan transportation improvement program, and in an area designated as nonattainment for ozone, carbon monoxide, or particulate matter under the Clean Air Act conform with the applicable State implementation plan developed pursuant to the Clean Air Act. 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 such project within the time period contemplated for completion of the project. The program shall also reflect the priorities for programming and expenditures of funds, including transportation enhancements, required by this title. "(3) PROJECT SELECTION FOR AREAS LESS THAN 50,000 POPULATION.--Projects undertaken in areas of less than 50,000 population shall be selected for advancement from the approved State 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, upon a finding that the planning process through which the program was developed is consistent with this section and section 134 of this title, approved no less frequently than biennially by the Secretary. "(e) FUNDING.--Funds set aside pursuant to section 329(a) of title 23, United States Code, and section 5313(b) of title 49, United States Code, shall be available to carry out the requirements of this section.". SEC. 1017. RESEARCH, TRAINING, AND EMPLOYMENT OPPORTUNITIES. (a) TRAINING.-- (1) 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 should reserve training positions for persons who receive welfare assistance from such State.". (2) Section 140(b) of such title is amended-- (A) in the first sentence-- (i) by inserting "and technology" after "construction"; and (ii) by inserting after "programs" the following: ", and to develop and fund Summer Transportation Institutes"; and (B) in the last sentence by striking "may be available" and inserting "should be utilized". (b) EMPLOYMENT.-- (1) Section 140(d) of such title is amended in the second sentence by striking "may" and inserting "should"; and (2) Section 140 of such title is further amended by adding at the end the following new subsections: "(e) WELFARE RECIPIENT EMPLOYMENT.-- "(1) Nothing in this title shall preclude the preferential employment, in accordance with paragraph (2) of this subsection, of persons who receive welfare assistance and persons who reside in Empowerment Zones and Enterprise Communities designated in accordance with 26 U.S.C. 1391. "(2) A State should implement a preference for employment of persons who receive welfare assistance from such State and persons who reside in Empowerment Zones and Enterprise Communities in such State on any project carried out under this title. The Secretary shall cooperate with States to implement this subsection. "(f) WELFARE ASSISTANCE DEFINED.--As used in this section, the term `welfare assistance' means assistance provided in accordance with title I of the Personal Responsibility and Work Opportunity Act of 1996 (42 U.S.C. 601 et seq.). "(g) VIRGIN ISLANDS RESIDENT EMPLOYMENT.-- "(1) Nothing in this title shall preclude the preferential employment, in accordance with paragraph (2) of this subsection, of local workers on any project carried out under this title in the Virgin Islands. "(2) The territory of the Virgin Islands should implement a preference for employment of local workers on any project carried out under this title in the Virgin Islands. The Secretary shall cooperate with the Virgin Islands to implement this subsection.". (c) TECHNICAL CORRECTIONS.--Section 140 of such title is further amended-- (1) in the second sentence of subsection (a) by striking "He" and inserting "The Secretary"; (2) in the third sentence of subsection (a)-- (A) by striking "of the Federal-aid systems" and inserting "Federal-aid highway"; and (B) by striking "he" and inserting "the Secretary"; (3) in the fourth sentence of subsection (a) by striking "him" and inserting "the Secretary"; (4) in subsection (b) by striking "he" and inserting "the Secretary"; (5) in subsection (c) by striking "he" and inserting "the Secretary"; and (6) in the heading of subsection (d) by striking "and contracting". (d) MINORITY INSTITUTIONS OF HIGHER EDUCATION.--Section 307 of such title is amended by adding at the end the following new subsection: "(i) MINORITY INSTITUTIONS OF HIGHER EDUCATION.--To increase their participation in grants and cooperative agreements awarded under this section, the Secretary shall establish an assistance program to increase participation by Historically Black Colleges and Universities, Hispanic-Serving Institutions, American Indian Community Colleges, and other minority institutions of higher education, as defined under 20 U.S.C. 1059c(b)(1), 1061(2) and 1135d-5(3) or as may be designated by the U.S. Department of Education pursuant to other Federal laws. Notwithstanding any other provision of this title, this program may utilize limited competition to increase the award of grants and cooperative agreements under this Section to such institutions, so long as otherwise consistent with law. The Secretary may issue regulations to implement this program.". SEC. 1018. DISADVANTAGED BUSINESS ENTERPRISES. (a) GENERAL RULE.--Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts authorized to be appropriated for any program under titles I, III, V, and VI of this Act shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals. (b) DEFINITIONS.--For purposes of this section, the following definitions apply: (1) SMALL BUSINESS CONCERN.--The term "small business concern" has the meaning such term has under section 3 of the Small Business Act (15 U.S.C. 632); except that such term shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged 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. (2) 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 section. (c) ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTERPRISES.--Each State shall annually survey and compile a list of the small business concerns referred to in paragraph (1) and the location of such concerns in the State and notify the Secretary, in writing, of the percentage of such concerns which are controlled by women, by socially and economically disadvantaged individuals (other than women), and by individuals who are women and are otherwise socially and economically disadvantaged individuals. (d) UNIFORM CERTIFICATION.--The Secretary shall establish minimum uniform criteria for State governments to use in certifying whether a concern qualifies for purposes of this section. 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. SEC. 1019. HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION PROGRAM. (a) Section 144 of title 23, United States Code, is revised to read as follows: " 144. Highway bridge replacement and rehabilitation program "(a) PURPOSE.--The purposes of the Highway Bridge Replacement and Rehabilitation Program authorized under this section are to enable States to replace or rehabilitate highway bridges on public roads that cross waterways, other topographical barriers, other highways, and railroads, where such highway bridges are significantly important and are unsafe because of structural deficiencies or functional obsolescence; and to fund certain preventive measures listed in subsection (c) of this section, which are designed to prolong the lives of such highway bridges. . "(b) BRIDGE INVENTORY.-- (1) The Secretary shall-- "(A) annually inventory all highway bridges on public roads that cross waterways, other topographical barriers, other highways, and railroads; "(B) classify each such bridge according to serviceability, safety, and essentiality for public use; "(C) assign each such bridge a priority for replacement or rehabilitation based on the classification in subparagraph (B); and "(D) determine the cost of rehabilitating each such bridge or replacing each such bridge with a comparable facility. "(2) The Secretary shall consult with the Secretary of the Interior in preparing the inventory of highway bridges on Indian reservation roads and park roads under paragraph (1) of this subsection. "(3) The Secretary shall consult with the States in preparing the inventory of highway bridges on public roads under paragraph (1) of this subsection. "(4) The Secretary may, at the request of a State, inventory highway bridges on public roads for historical significance. "(c) ELIGIBLE HIGHWAY BRIDGE PROJECTS.-- "(1) REPLACEMENT AND REHABILITATION.--Each State seeking to obligate funds under this section for a project to replace a highway bridge with a comparable facility designed according to current engineering standards or rehabilitate a highway bridge that the priority system established under subsection (b) of this section shows to be eligible shall apply to the Secretary. The Secretary may approve Federal participation in such project under this section, and shall determine the eligibility of such project based upon the unsafe highway bridges in the State. "(2) PREVENTIVE MEASURES.-- "(A) Each State seeking to obligate funds under this section to seismically retrofit, paint, apply calcium magnesium acetate to, or install scour countermeasures on a highway bridge on a public road that crosses waterways, other topographical barriers, other highways, or railroads shall apply to the Secretary. "(B) The Secretary may approve Federal participation in any project described in subparagraph (A) of this paragraph without regard to whether the highway bridge is eligible for replacement or rehabilitation under this section. "(d) APPORTIONMENTS.-- "(1) Funds authorized to carry out this section shall be apportioned among the several States on the first day of the fiscal year for which they are authorized, or as soon as possible thereafter, in accordance with this subsection. "(2) Each deficient bridge shall be placed into one of the following categories: "(A) Federal-aid highway bridges eligible for replacement; "(B) Federal-aid highway bridges eligible for rehabilitation; "(C) bridges eligible for replacement that are on public roads functionally classified as local roads or rural minor collectors; or "(D) bridges eligible for rehabilitation that are on public roads functionally classified as local roads or rural minor collectors. "(3) The square footage of deficient bridges in each category shall be multiplied by the respective unit price on a State-by-State basis, as determined by the Secretary; and the total cost in each State divided by the total cost of the deficient bridges in all States shall determine the apportionment factors. For purposes of the preceding sentence, the total cost of deficient bridges in a State shall be reduced in fiscal year 2003 by the total amount of funds apportioned to that State under this section that the State-- "(A) transferred to an apportionment under paragraphs 104(b)(1) or (b)(3) of this title, in accordance with subsection 104(g) of this title, in fiscal years 1998 through 2002; and "(B) did not restore to its apportionment under this section by the end of fiscal year 2002. "(4) A State may receive not more than 10 percent or less than 0.25 percent of the total apportionment under this section in a fiscal year. "(5) The Secretary shall make the determinations required under this subsection based upon the latest available data, which shall be updated annually. "(6) Not less than 15 percent and not more than 35 percent of the amount apportioned to each State in each fiscal year shall be expended for projects to replace, rehabilitate, seismic retrofit, paint, apply calcium magnesium acetate to, or install scour countermeasures on highway bridges located on public roads that are functionally classified as local roads or rural minor collectors. The Secretary, after consultation with local and State officials in a State, may, with respect to such State, reduce the requirement for expenditure for highway bridges on public roads that are functionally classified as local roads or rural minor collectors when the Secretary determines that such State has inadequate needs to justify such expenditure. "(7) Funds apportioned under 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, except that the Secretary shall reapportion any funds not obligated by a State at the expiration of such period to the other States in accordance with this section. The use of funds authorized under this section to carry out a project for the seismic retrofitting or painting of, the application of calcium magnesium acetate to, or the installation of scour countermeasures on a bridge shall not affect the apportionment of funds under this section. "(e) BRIDGE PERMIT EXEMPTION.--Notwithstanding any other provision of law, the General Bridge Act of 1946 (33 U.S.C. 525-533) shall apply to bridges authorized to be replaced, in whole or in part, under this section, except that subsection 502(b) of the General Bridge Act of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March 3, 1899 (33 U.S.C. 401) shall not apply to any bridge constructed, reconstructed, rehabilitated, or replaced with assistance under this title, if such bridge is over waters that are-- "(1) not used and not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce; and "(2) not tidal; or "(3) tidal but used only by recreational boating, fishing, and other small vessels less than 21 feet in length. "(f) DISTRIBUTION OF APPORTIONED FUNDS.--Sums apportioned to a State under this section shall be made available for obligation throughout such State on a fair and equitable basis. "(g) PERIODIC SECRETARIAL REVIEW.--The Secretary shall periodically review the procedure used in approving or disapproving applications submitted under this section to determine what changes, if any, should be made to expedite such procedure. Any such changes shall be implemented by the Secretary as soon as possible. "(h) HISTORIC BRIDGE PROGRAM.-- "(1) COORDINATION.--The Secretary shall, in cooperation with the States, implement the programs described in this section in a manner that encourages the inventory, retention, rehabilitation, adaptive reuse, and future study of historic bridges. "(2) STATE INVENTORY.--The Secretary shall require each State to complete an inventory of all bridges on public roads to determine their historical significance. "(3) ELIGIBILITY.--Reimbursable project costs under this title for historical bridge projects shall be-- "(A) reasonable costs associated with actions to preserve, or reduce the impact of a project under this chapter on, the historic integrity of a historic bridge, if the load capacity and safety features of the bridge are adequate to serve the intended use for the life of the bridge; except that in the case of a bridge that is no longer used for motorized vehicular traffic, the costs eligible as reimbursable project costs pursuant to this subsection shall not exceed the estimated cost of demolition of such bridge; and "(B) costs incurred by a State to preserve a historic bridge, including funds made available to a State, locality, or responsible private entity to enable it to accept the bridge under this subsection, up to an amount not to exceed the cost of demolition. Any bridge preserved pursuant to this subparagraph shall thereafter not be eligible for any other funds authorized under this title. "(4) PRESERVATION.--Any State that proposes to demolish a historic bridge for a replacement project to be funded under this section shall first make the bridge available for donation to a State, locality, or responsible private entity that enters into an agreement to-- "(A) maintain the bridge and the features that give it its historical significance; and "(B) assume all future legal and financial responsibility for the bridge, which may include an agreement to hold the State highway agency harmless in any liability action. "(5) HISTORIC BRIDGE DEFINED.--As used in this subsection, the term `historic bridge' means any bridge that is listed on, or eligible for listing on, the National Register of Historic Places. "(i) APPLICABILITY OF STATE STANDARDS TO NON-NHS PROJECTS.--Projects other than projects on the National Highway System shall be designed, constructed, operated, and maintained in accordance with State laws, regulations, directives, and State safety, design, and construction standards. "(j) REHABILITATE DEFINED.--As used in this section, the term `rehabilitate' in any of its forms means major work necessary to restore the structural integrity of a bridge as well as work necessary to correct a major safety defect. "(k) DISCRETIONARY BRIDGE PROGRAM.-- "(1) ALLOCATIONS.--Of the amounts authorized for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003 to carry out this section, all but $55,000,000 shall be apportioned as provided in subsection (d) of this section. $55,000,000 per each such fiscal year shall be allocated at the discretion of the Secretary for any project eligible under paragraph (2) of this subsection and shall be available for obligation each year on the date of each such apportionment in the same manner and to the same extent as the sums apportioned on such date. "(2) ELIGIBLE DISCRETIONARY PROJECTS.--Amounts made available under paragraph (1) of this subsection for obligation at the discretion of the Secretary may be obligated only-- "(A) for a project for a highway bridge the replacement or rehabilitation cost of which is more than $10,000,000; and "(B) for a project for a highway bridge the replacement or rehabilitation cost of which is less than $10,000,000, if such cost is at least twice the amount apportioned to the State in which such bridge is located in accordance with subsection (d) of this section for the fiscal year in which application is made for a grant for such bridge.". (b) TRANSFERABILITY OF BRIDGE APPORTIONMENTS.--Section 104(g) of such title is amended by inserting before the period at the end of the third sentence the following: "only if there are no National Highway System bridges in such State that require load posting based on National Bridge Inventory Item 70". SEC. 1020. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM. (a) ESTABLISHED PROGRAM.--Section 149(a) of title 23, United States Code, is amended by striking "ESTABLISHMENT.--The Secretary shall establish" and inserting "IN GENERAL.--The Secretary shall carry out". (b) ELIGIBLE PROJECTS.--Section 149(b) of such title is revised to read as follows: "(b) ELIGIBLE PROJECTS.--Except as provided in subsection (c), a State may obligate funds apportioned to it under section 104(b)(2) for the congestion mitigation and air quality improvement program only for a transportation project or program if the project or program is for an area 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 sections 181(a), 186(a), or 188(a) or (b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a), or 7513(a) or (b)) except as otherwise provided in paragraph (f)(2) of this section; and-- "(1)(A) if the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines, on the basis of information published by the Environmental Protection Agency pursuant to section 108(f)(1)(A) of the Clean Air Act, that the project or program is-- "(i) likely to contribute to the attainment of a national ambient air quality standard in a nonattainment area designated and classified in accordance with the provisions of the Clean Air Act cited in this subsection; or "(ii) likely to reduce emissions for the maintenance of a national ambient air quality standard in a nonattainment area designated and classified in accordance with the provisions of the Clean Air Act cited in this subsection that 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)) (a `maintenance' area); or "(B) in any case in which such information is not available, if the Secretary, after such consultation, determines that the project or program is part of a program, method, or strategy described in section 108(f)(1)(A). "(2) if the project or program is included in a State implementation or maintenance plan that has been approved pursuant to the Clean Air Act and the project will have air quality benefits; or "(3) if the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that the project is likely to contribute to the attainment of a national ambient air quality standard or maintenance of such standard, whether through reductions in vehicle miles traveled or fuel consumption, through traffic management and control improvements, or through other factors. "(4) In selecting eligible projects for advancement, both the short-term effectiveness and the long-term sustainability of air quality benefits should be considered, and priority must be given to implementing those projects and programs that are included in an approved State implementation or maintenance plan as a transportation control measure and that will have air quality benefits.". (c) SINGLE OCCUPANT VEHICLES.--Section 149 of such title is amended-- (1) by redesignating subsections (c) and (d) as (d) and (e), respectively; and (2) by inserting the following new subsection: "(c) SINGLE OCCUPANT VEHICLES.--No funds may be provided under this section for a project that will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility available to single occupant vehicles only at other than peak travel times.". (d) STATES WITHOUT A NONATTAINMENT AREA.--Section 149(d), as so redesignated, of such title is amended to read as follows: "(d) STATES WITHOUT A NONATTAINMENT AREA.--If a State does not have, and never has had, within its borders a nonattainment area designated and classified in accordance with the provisions of the Clean Air Act cited in subsection (b) of this section or otherwise included in subsection (f) of this section, the State may use funds apportioned to it under section 104(b)(2) of this title for any project eligible for assistance under the surface transportation program. If a State does not have within its borders a nonattainment area designated and classified in accordance with the provisions of the Clean Air Act cited in subsection (b) of this section, but has had one or more areas that were such nonattainment areas but have been redesignated as attainment within its borders, the State must demonstrate to the Secretary that it has sufficient funding to implement any transportation project or program included in a maintenance plan that has been approved pursuant to the Clean Air Act to maintain the national ambient air quality standards before the State may use funds apportioned to it under section 104(b)(2) of this title for any project eligible for assistance under the surface transportation program.". (e) NONATTAINMENT BOUNDARIES.--Section 149 of such title is amended by adding the following new subsection: "(f) NONATTAINMENT BOUNDARIES.--For purposes of this section, the boundaries of nonattainment and maintenance areas-- (1) shall continue to be those determined by the Administrator of the Environmental Protection Agency in accordance with sections 181(a), 186(a), or 188(a) or (b) of the Clean Air Act (42 U.S.C. 7511(a), 7512(a), or 7513(a) or (b)); and (2) if new national ambient air quality standards are promulgated, the boundaries of a nonattainment area shall be those determined by the Administrator of the Environmental Protection Agency. Projects shall be eligible in any additional geographic area newly designated as nonattainment provided that a State implementation plan has been submitted for such area to the Environmental Protection Agency.". (f) FEDERAL SHARE.--Section 120(c) of such title is amended by striking "The" and inserting "Except for projects funded from the sums apportioned under section 104(b)(2) of this title, the". SEC. 1021. INTERSTATE REIMBURSEMENT. (a) GENERAL AUTHORITY.--Section 160(a) of title 23, United States Code, is amended by striking "1996 and 1997 " and inserting "1998, 1999, 2000, 2001, 2002, and 2003 ". (b) DETERMINATION OF REIMBURSEMENT AMOUNT.--Section 160(b) of such title is amended by striking "1996 and 1997 " and inserting "1998, 1999, 2000, 2001, 2002, and 2003 ". (c) LIMITATION OF APPLICABILITY.--Section 160(e) of such title is amended by striking paragraph (3). (d) AUTHORIZATION OF APPROPRIATIONS.--Section 160(f) of such title is amended-- (1) by striking "$2,000,000,000 " and inserting "$1,000,000,000 "; and (2) by striking "1996 and 1997 " and inserting "1998, 1999, 2000, 2001, 2002, and 2003 ". SEC. 1022. STATE INFRASTRUCTURE BANK PROGRAM. (a) IN GENERAL.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following new section: " 162. State infrastructure bank program "(a) IN GENERAL.-- "(1) COOPERATIVE AGREEMENTS.--Subject to the provisions of this section, the Secretary may enter into cooperative agreements with States 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. "(2) INTERSTATE COMPACTS.--Congress grants consent to 2 or more of the States, entering into a cooperative agreement under paragraph (1) of this subsection with the Secretary for the establishment of a multistate infrastructure bank, to enter into an interstate compact establishing such bank in accordance with this section. "(b) FUNDING.-- "(1) SEPARATE ACCOUNTS.--An infrastructure bank established under this section shall maintain a separate highway account for Federal funds contributed to the bank under paragraph (2) of this subsection and a separate transit account for Federal funds contributed to the bank under paragraph (3) of this subsection. No Federal funds contributed or credited to an account of an infrastructure bank established under this section may be commingled with Federal funds contributed or credited to any other account of such bank. "(2) HIGHWAY ACCOUNT.--Notwithstanding any other provision of law, the Secretary may allow, subject to paragraph (g)(1) of this section, a State entering into a cooperative agreement under this section to contribute not to exceed-- "(A) 10 percent of the funds apportioned to the State under each of sections 104(b)(1), 104(b)(3), 104(b)(5)(B), 144, and 160 of this title; and "(B) 10 percent of the funds allocated to the State under section 157 of this title; into the highway account of the infrastructure bank established by the State. Federal funds contributed to such account under this paragraph shall constitute for purposes of this section a capitalization grant for the highway account of the infrastructure bank. "(3) TRANSIT ACCOUNT.--Notwithstanding any other provision of law, the Secretary may allow, subject to paragraph (g)(1) of this section, a State entering into a cooperative agreement under this section, and any other Federal transit grant recipient, to contribute not to exceed 10 percent of the funds made available to the State or other Federal transit grant recipient for capital projects under sections 5307, 5309, and 5311 of title 49, United States Code, into the transit account of the infrastructure bank established by the State. Federal funds contributed to such account under this paragraph shall constitute for purposes of this section a capitalization grant for the transit account of the infrastructure bank. "(4) SPECIAL RULE FOR URBANIZED AREAS OF OVER 200,000.--Funds that are apportioned or allocated to a State under sections 104(b)(3) or 160 of this title and attributed to urbanized areas of a State with an urbanized population of over 200,000 under section 133(d)(2) of this title may be used to provide assistance with respect to a project only if the metropolitan planning organization designated for such area concurs, in writing, with the provision of such assistance. "(c) FORMS OF ASSISTANCE FROM INFRASTRUCTURE BANKS.--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. The amount of any loan or other assistance provided for such project may be subordinated to any other debt financing for the project. Initial assistance provided with respect to a project from Federal funds contributed to an infrastructure bank under this section may not be made in the form of a grant. "(d) QUALIFYING PROJECTS.--Federal funds in the highway account of 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. Federal funds in the transit account of such bank may be used only to provide assistance with respect to capital transit projects. "(e) INFRASTRUCTURE BANK REQUIREMENTS.--In order to establish an infrastructure bank under this section, each State establishing the bank shall-- "(1) contribute, at a minimum, in each account of 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; except that if the contribution is into the highway account of the bank and the State has a lower non-Federal share under section 120(b) of this title, such percentage shall be adjusted by the Secretary to correspond with such lower non-Federal share; "(2) ensure that the bank maintains on a continuing basis an investment grade rating on its debt issuances or has a sufficient level of bond or debt financing instrument insurance to maintain the viability of the bank; "(3) ensure that investment income generated by funds contributed to an account of the bank will be-- "(A) credited to the account; "(B) available for use in providing loans and other assistance to projects eligible for assistance from the account; and "(C) 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; "(4) 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; "(5) 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 facilities has opened to traffic, whichever is later; "(6) ensure that the term for repaying any loans will not exceed 30 years after the date of the first payment on the loan under paragraph (5); and "(7) require the bank to make an annual report to the Secretary and to make such other reports as the Secretary may require by guidelines. "(f) 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 towards the non-Federal share of the cost of any project. "(g) 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 requested by the State; "(2) ensure that all requirements of this title or title 49, United States Code, and other applicable Federal requirements shall apply to projects receiving assistance from the infrastructure bank, and all such projects shall be deemed to be receiving Federal financial assistance, but the Secretary may waive any requirement of this title or title 49, United States Code, (other than 23 U.S.C. 113 and 114, and 49 U.S.C. 5333) that is not consistent with the objectives of this section; "(3) specify procedures and guidelines for establishing, operating, and providing assistance from the bank; and "(4) revise cooperative agreements entered into with the States under section 350 of the National Highway System Designation Act of 1995 (Public Law 104-59) to comply with the requirements of this section. "(h) APPLICABILITY OF FEDERAL LAWS.--The same provisions of Federal law shall apply to all projects receiving assistance from the bank that would have applied if the project were receiving assistance under this title or title 49, United States Code, or that would have applied to a similar project eligible for assistance under such titles, except for those requirements waived by the Secretary pursuant to paragraph (g)(2) of this section. "(i) UNITED STATES NOT OBLIGATED.--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, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. 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. "(j) MANAGEMENT OF FEDERAL FUNDS.--Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section. "(k) PROGRAM ADMINISTRATION.--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. "(l) DEFINITIONS.--In this section, the following definitions apply: "(1) CAPITAL PROJECT.--The term `capital project' has the meaning such term has under section 5302 of title 49, United States Code. "(2) 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 such assistance is being provided. "(3) STATE.--The term `State' has the meaning such term has under section 401 of this title.". (b) AUTHORIZATION OF APPROPRIATIONS.-- (1) STATE INFRASTRUCTURE BANKS.--For the purpose of carrying out the provisions of section 162 of title 23, United States Code, the following sums are authorized to be appropriated out of the Highway Trust fund (other than the Mass Transit Account): $150,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002, and 2003, to remain available until expended. (2) The Secretary may distribute the funds authorized to be appropriated by this subsection in a manner determined by the Secretary to any State with an approved infrastructure bank established in accordance with section 162 of title 23, United States Code, that requests such funds. (3) Any State receiving funds authorized to be appropriated by this subsection may deposit any portion of such funds into either the highway account or the transit account of the State's infrastructure bank. (4) These funds shall be available for obligation in the same manner as funds apportioned under section 104 of this title. (c) CONFORMING AMENDMENT.--The analysis for chapter 1 of such title is amended by adding at the end the following new item: "162. State infrastructure bank program.". SEC. 1023. NATIONAL SCENIC BYWAYS PROGRAM. (a) IN GENERAL.--Chapter 1, of title 23, United States Code, is amended by adding at the end the following new section: " 163. National Scenic Byways Program "(a) DESIGNATION OF ROADS.--The Secretary shall carry out a National Scenic Byways Program that recognizes roads having outstanding scenic, historic, cultural, natural, recreational, and archeological qualities by designating them as National Scenic Byways or All-American Roads. The Secretary shall designate roads to be recognized under the National Scenic Byways Program in accordance with criteria developed by the Secretary. To be considered for such designation, a road must be nominated by a State or Federal land management agency and must first be designated as a State scenic byway or, for roads on Federal lands, as a Federal land management agency byway. "(b) GRANTS AND TECHNICAL ASSISTANCE.--(1) 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 byways program. "(2) In making grants, the Secretary shall give priority to-- "(A) eligible projects that are associated with highways that have been designated as National Scenic Byways or All-American Roads; "(B) eligible projects along State-designated scenic byways that are undertaken to make them eligible for designation as National Scenic Byways or All-American Roads; and "(C) eligible projects associated with the development of State scenic byways programs. "(c) ELIGIBLE PROJECTS.--The following are projects that are eligible for Federal assistance under this section: "(1) activities related to planning, design, or development of State scenic byway programs; "(2) development of corridor management plans; "(3) safety improvements to a State scenic byway, to the extent such improvements are necessary to accommodate increased traffic and changes in the types of vehicles using the highway, due to such designation; "(4) construction along a scenic byway of facilities for pedestrians and bicyclists, rest areas, turnouts, highway shoulder improvements, passing lanes, overlooks, and interpretive facilities; "(5) improvements to a scenic byway that will enhance access to an area for the purpose of recreation, including water-related recreation; "(6) protection of historical, archeological, and cultural resources in areas adjacent to scenic byways; "(7) development and provision of tourist information to the public, including interpretive information about scenic byways; and "(8) development and implementation of scenic byways marketing programs. "(d) FEDERAL SHARE.--The Federal share payable on account of any project carried out under this section shall be determined in accordance with section 120(b) of this title, except that, for any scenic byways project along a public road that provides access to or within Federal or Indian lands, a Federal land management agency may use funds authorized for its use as the non-Federal share. "(e) FUNDING.--There shall be available to the Secretary for carrying out this section, out of the Highway Trust Fund (other than the Mass Transit Account), $15,000,000 for each of fiscal years 1998, 1999, 2000, 2001, 2002 and 2003. "(f) LIMITATION.--The Secretary shall not make a grant under this section for any project that would not protect the scenic, historic, recreational, cultural, natural, and archeological integrity of a highway and adjacent areas.". (b) CONFORMING AMENDMENT.--The analysis for chapter 1 of such title is amended by adding at the end the following new item: "163. National Scenic Byways Program.". SEC. 1024. INFRASTRUCTURE SAFETY PROGRAM. (a) IN GENERAL.--Chapter 1 of title 23, United States Code, is amended-- (1) by striking sections 130 and 152; (2) by adding at the end the following new sections: " 164. Infrastructure Safety Program "(a) RAILWAY-HIGHWAY CROSSINGS.-- "(1) ELIGIBLE USES OF FUNDS APPORTIONED UNDER SECTION 104 OF THIS TITLE.--Except as provided in subsection 120(c) of this title and paragraph (a)(8) of this section and for crossing closure projects, 90 percent of the cost of construction of projects for the elimination of hazards of railway-highway crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade crossing structures, and the relocation of highways to eliminate grade crossings, may be paid from sums apportioned in accordance with section 104 of this title. In any case when the elimination of the hazards of a railway-highway crossing can be effected by the relocation of a portion of a railway at a cost estimated by the Secretary to be less than the cost of such elimination by one of the methods mentioned in the first sentence of this paragraph, then the entire cost of such relocation project, except as provided in subsection 120(c) of this title and paragraph (a)(8) of this section, may be paid from the sums apportioned in accordance with section 104 of this title. "(2) ELIGIBLE USES OF RAILWAY-HIGHWAY CROSSINGS FUNDS.--A State may obligate funds apportioned to it under paragraph (a)(6) of this section only for the following projects: "(A) The elimination of hazards of railway-highway crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade crossing structures, and the relocation of highways to eliminate grade crossings. "(B) Trespassing countermeasures. "(C) Railway-highway crossing education. "(D) Enforcement of traffic laws relating to railway-highway crossing safety. "(E) Privately owned railway-highway crossings if the project is publicly sponsored and the Secretary determines that the project would serve a public benefit. "(3) SECRETARIAL CLASSIFICATION OF PROJECTS.--The Secretary may classify various types of projects involved in the elimination of hazards of railway-highway crossings, and may set for each such classification a percentage of the costs of construction which shall be deemed to represent the net benefit to the railroad or railroads for the purpose of determining the railroad's share of the cost of construction. The percentage so determined shall in no case exceed 10 per centum. The Secretary shall determine the appropriate classification of each project. "(4) RAILROAD LIABILITY FOR PROJECT COSTS.--Any railroad involved in a project for the elimination of hazards of railway-highway crossings paid for in whole or in part from sums made available for expenditure under this title, or prior Acts, shall be liable to the United States for the net benefit to the railroad determined under the classification of such project made pursuant to paragraph (a)(3) of this section. Such liability to the United States may be discharged by direct payment to the State highway department of the State in which the project is located, in which case such payment shall be credited to the cost of the project. Such payment may consist in whole or in part of materials and labor furnished by the railroad in connection with the construction of such project. If any such railroad fails to discharge such liability within a six-month period after completion of the project, it shall be liable to the United States for its share of the cost, and the Secretary shall request the Attorney General to institute proceedings against such railroad for the recovery of the amount for which it is liable under this paragraph. The Attorney General is authorized to bring such proceedings on behalf of the United States, in the appropriate district court of the United States, and the United States shall be entitled in such proceedings to recover such sums as it is considered and adjudged by the court that such railroad is liable for in the premises. Any amounts recovered under this paragraph shall be credited to the Highway Trust Fund, other than the Mass Transit Account. "(5) STATE SURVEY AND SCHEDULE OF PROJECTS.--Each State shall conduct and systematically maintain a survey of all highways to identify those railroad crossings which may require separation, relocation, or protective devices, and establish and implement a schedule of projects for this purpose. At a minimum, such schedule shall provide signs for all railway-highway crossings. In a manner established by the Secretary, each State shall report completed railway-highway crossing projects funded under this subsection or section 165 of this title to the Department for inclusion in the Department of Transportation/Association of American Railroads National Grade Crossing Inventory. "(6) APPORTIONMENT.--Twenty-five percent of the funds authorized to be appropriated to carry out this section shall be apportioned to the States in the ratio that each State's most recent 3-year total of crashes at public rai