H.R. 1609 (105th): ISTEA Reauthorization Act of 1997

105th Congress, 1997–1998. Text as of May 14, 1997 (Introduced).

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HR 1609 IH

105th CONGRESS

1st Session

H. R. 1609

To reauthorize the Intermodal Surface Transportation Efficiency Act of 1991, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

May 14, 1997

Ms. MOLINARI (for herself, Mr. WELLER, Mr. GEJDENSON, Mr. SOLOMON, Mr. MOAKLEY, Mr. FRANKS of New Jersey, Mr. FRELINGHUYSEN, Mr. BORSKI, Mr. CASTLE, Mr. MCGOVERN, Mr. SHAYS, Mr. PAXON, Mr. BOEHLERT, Mr. QUINN, Mr. NADLER, Mr. KING, Mrs. JOHNSON of Connecticut, Mrs. KELLY, Mr. FRANK of Massachusetts, Mrs. KENNELLY of Connecticut, Mr. MCHUGH, Mr. MARKEY, Mr. ENGEL, Mr. NEAL of Massachusetts, Mr. PASCRELL, Mr. MEEHAN, Mr. MANTON, Mrs. LOWEY, Mr. FORBES, Mrs. MCCARTHY of New York, Mr. WALSH, Mr. FLAKE, Mr. LAZIO of New York, Ms. DELAURO, Mr. GILMAN, Mr. RANGEL, Mr. HINCHEY, Mr. SCHUMER, Mr. SERRANO, Ms. VELAZQUEZ, Mr. TOWNS, Mr. OWENS, Ms. SLAUGHTER, and Mrs. MALONEY of New York) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To reauthorize the Intermodal Surface Transportation Efficiency Act of 1991, 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; TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘ISTEA Reauthorization Act of 1997’.

    (b) TABLE OF CONTENTS- The table of contents is as follows:

      Sec. 1. Short title; table of contents.

      Sec. 2. Findings.

TITLE I--HIGHWAY PROGRAMS

      Sec. 101. Amendments to title 23, United States Code.

      Sec. 102. Authorization of appropriations.

      Sec. 103. National Highway System and Interstate maintenance.

      Sec. 104. Funding of interstate maintenance projects.

      Sec. 105. Congestion mitigation and air quality improvement program.

      Sec. 106. Surface transportation program.

      Sec. 107. Bridge program.

      Sec. 108. Minimum allocation.

      Sec. 109. Interstate reimbursement program.

      Sec. 110. Apportionment adjustment.

      Sec. 111. Level of effort bonus.

      Sec. 112. Research programs.

      Sec. 113. Scenic byways program.

      Sec. 114. Ferry boats and terminals.

      Sec. 115. Border crossing infrastructure program.

      Sec. 116. Program streamlining.

TITLE II--TRANSIT PROGRAMS

      Sec. 201. Short title.

      Sec. 202. Amendments to title 49, United States Code.

      Sec. 203. Findings.

      Sec. 204. Flexibility for less populated communities.

      Sec. 205. Discretionary grants and loans.

      Sec. 206. Authorization of appropriations.

      Sec. 207. Application of Byrd rule to Mass Transit Account of Highway Trust Fund.

SEC. 2. FINDINGS.

    Congress finds that--

      (1) the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240) (hereinafter in this section referred to as ‘ISTEA’) was the result of a bipartisan and multi-regional consensus to change transportation policy by giving States and localities more flexibility in spending Federal funds while still pursuing important national goals;

      (2) the Federal Government has an important role to play in helping to fund transportation improvements and ensuring that a national focus remains on national goals such as mobility, connectivity and integrity of the transportation system, safety, research, air quality, global and national economic competitiveness, and improved quality of life;

      (3) this role of the Federal Government as funding partner and policymaker should--

        (A) nurture State and local flexibility in using funds to solve problems creatively; and

        (B) relieve the States of burdensome regulation and review procedures that slow down project implementation without adding value;

      (4) the funding programs authorized by ISTEA were visionary and will continue to influence transportation into the future;

      (5) the partnerships between the Federal Government and State and local governments, and between the public and private sectors, that were reaffirmed and strengthened by ISTEA are helping to improve transportation investment and transportation policy choices; and

      (6) it is in the interest of the United States--

        (A) to reauthorize ISTEA in 1997 with refinements but without significant changes;

        (B) to authorize the maximum feasible level of funding for ISTEA programs;

        (C) to allocate these funds among the States based primarily on need, with adjustments to be considered to reflect (i) system usage; (ii) system extent; and (iii) distribution patterns;

        (D) to preserve and strengthen the partnerships among the Federal Government, State governments, local governments, and the private sector;

        (E) to recognize and reward above average level of State and local financial effort in financing the Nation’s surface transportation system;

        (F) to help improve the highway access to, and economic development in, the Appalachian region through financing the completion of the Appalachian development highway system; and

        (G) to minimize prescriptive Federal regulation that is unnecessary and eliminate regulatory duplication between the Federal Government and State governments.

TITLE I--HIGHWAY PROGRAMS

SEC. 101. AMENDMENTS TO TITLE 23, UNITED STATES CODE.

    Except as otherwise specifically provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of law, the reference shall be considered to be made to a section or other provision of title 23, United States Code.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

      (1) NATIONAL HIGHWAY SYSTEM- For the National Highway System under section 103 of that title $10,500,000,000 for each of fiscal years 1998 through 2003.

      (2) SURFACE TRANSPORTATION PROGRAM- For the surface transportation program under section 133 of that title $5,500,000,000 for each of fiscal years 1998 through 2003.

      (3) BRIDGE PROGRAM- For the highway bridge replacement and rehabilitation program under section 144 of that title $3,700,000,000 for each of fiscal years 1998 through 2003.

      (4) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM- For the congestion mitigation and air quality improvement program under section 149 of that title $2,000,000,000 for each of fiscal years 1998 through 2003.

      (5) MINIMUM ALLOCATION- For the minimum allocation program under section 157 of that title $526,000,000 for each of fiscal years 1998 through 2003.

      (6) APPORTIONMENT ADJUSTMENTS- For apportionment adjustments under section 110 of this Act $530,000,000 for each of fiscal years 1998 through 2003.

      (7) INTERSTATE REIMBURSEMENT PROGRAM- For reimbursement for segments of the Interstate System constructed without Federal assistance under section 160 of that title $1,700,000,000 for each of fiscal years 1998 through 2003.

      (8) LEVEL OF EFFORT BONUS- For the level of effort bonus under section 111 of this Act $775,000,000 for each of fiscal years 1998 through 2003.

      (9) FEDERAL LANDS HIGHWAYS PROGRAM-

        (A) INDIAN RESERVATION ROADS- For Indian reservation roads under section 204 of that title $190,000,000 for each of fiscal years 1998 through 2003.

        (B) PUBLIC LANDS HIGHWAYS- For public lands highways under section 204 of that title $170,000,000 for each of fiscal years 1998 through 2003.

        (C) PARKWAYS AND PARK ROADS- For parkways and park roads under section 204 of that title $90,000,000 for each of fiscal years 1998 through 2003.

      (10) FHWA HIGHWAY SAFETY PROGRAMS- For carrying out section 402 of that title by the Federal Highway Administration $25,000,000 for each of fiscal years 1998 through 2003.

      (11) FHWA HIGHWAY SAFETY RESEARCH AND DEVELOPMENT- For carrying out section 403 of that title by the Federal Highway Administration $10,000,000 for each of fiscal years 1998 through 2003.

      (12) APPALACHIAN DEVELOPMENT HIGHWAY PROGRAM- For the Appalachian development highway program under section 201 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App) $400,000,000 for each of fiscal years 1998 through 2003.

    (b) LIMITATIONS ON OBLIGATIONS- Notwithstanding any other provision of law, any limitation on obligations established for any of fiscal years 1998 through 2003 for funds apportioned or allocated from the Highway Trust Fund (other than the Mass Transit Account) shall apply equally to all such apportionments and allocations, except that no such limitation shall apply to any allocation made under section 125 of title 23, United States Code, for emergency relief.

SEC. 103. NATIONAL HIGHWAY SYSTEM AND INTERSTATE MAINTENANCE.

    (a) APPORTIONMENT FORMULA- Section 104(b)(1) is amended to read as follows:

      ‘(1) NATIONAL HIGHWAY SYSTEM- For the National Highway System, 1/3 percent to the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands and the remaining 99 2/3 percent apportioned as follows:

        ‘(A) 1/2 in the ratio that--

          ‘(i) the total vehicle miles traveled on public highways in each State; bears to

          ‘(ii) the total vehicle miles traveled on public highways in all States; and

        ‘(B) 1/2 in the ratio that--

          ‘(i) the total lane miles of public highways in each State; bears to

          ‘(ii) the total lane miles of public highways in all States.’.

    (b) SET-ASIDE FOR 4R PROJECTS- Section 118(c)(2)(A) is amended--

      (1) by striking ‘1996, and’ and inserting ‘1996,’; and

      (2) by inserting after ‘1997’ the following: ‘, and $200,000,000 for each of fiscal years 1998 through 2003’.

    (c) GOODS MOVEMENT FACTOR-

      (1) STUDY- The Secretary shall conduct a study of the impact of goods movement on transportation infrastructure as a measure of need for apportioning funds for the National Highway System.

      (2) REPORT- Not later than 2 years after the date of the enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the results of the study, together with recommendations for inclusion of a measure of goods movement in apportioning funds for the National Highway System.

SEC. 104. FUNDING OF INTERSTATE MAINTENANCE PROJECTS.

    (a) SET-ASIDE OF NHS APPORTIONMENTS- Section 103(i) is amended by striking the matter preceding paragraph (1) and inserting the following:

    ‘(i) ELIGIBLE PROJECTS FOR NHS- Fifty percent of the funds apportioned to a State under section 104(b)(1) shall be obligated for Interstate maintenance projects under section 119 of this title and the remaining 50 percent of such funds may be obligated for any of the following:’.

    (b) REPEAL OF APPORTIONMENT- Section 104(b)(5)(B) is repealed.

    (c) CONFORMING AMENDMENTS TO SECTION 119- Section 119 is amended--

      (1) in subsection (a) by striking the second sentence and inserting the following: ‘Projects approved under the preceding sentence shall be carried out using funds apportioned under section 104(b)(1).’;

      (2) in subsection (b) by striking the third sentence and all that follows;

      (3) in subsection (f)(1)--

        (A) by striking ‘section 104(b)(5)(B)’ and inserting ‘section 104(b)(1)’;

        (B) by inserting after ‘title’ the following: ‘that are to be obligated for interstate maintenance’;

        (C) by inserting after ‘the State may’ the following: ‘obligate those funds for other eligible projects on the National Highway System or’;

        (D) by striking ‘sections 104(b)(1) and 104(b)(3)’ and inserting ‘section 104(b)(3)’; and

      (4) in subsection (f)(2)--

        (A) in subparagraph (A) by striking ‘and’ at the end;

        (B) in subparagraph (B)--

          (i) by striking ‘in any fiscal year thereafter’ and inserting ‘in fiscal years 1988 through 1997’; and

          (ii) by striking the period at the end and inserting a semicolon; and

        (C) by adding at the end the following:

        ‘(C) in fiscal year 1998 and each fiscal year thereafter, an amount not to exceed 20 percent of the funds available for obligation for Interstate maintenance from funds apportioned under section 104(b)(1) for such fiscal year.’.

SEC. 105. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.

    Section 104(b)(2) is amended to read as follows:

      ‘(2) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM-

        ‘(A) IN GENERAL- For the congestion mitigation and air quality improvement program--

          ‘(i) 90 percent in the ratio that the weighted nonattainment area population of each State bears to the total weighted nonattainment area population of all States; and

          ‘(ii) 10 percent in the ratio that the population of all areas that are non-attainment under the Clean Air Act (42 U.S.C. 7401 et seq.) for particulate matter with an acrodynamic diameter smaller than or equal to 10 micrometers (known as ‘PM-10’) in each State bears to the population of all such areas in all States.

        ‘(B) WEIGHTED NONATTAINMENT AREA POPULATION- For purposes of subparagraph (A)(i), the weighted nonattainment area population shall be calculated by multiplying the population of each area within any State that

was a nonattainment area (as defined in section 171(2) of the Clean Air Act (42 U.S.C. 7501(2))) for ozone during any part of fiscal year 1994 by a factor of--

          ‘(i) 1.0 if the area is classified as a marginal ozone nonattainment area under subpart 2 of part D of title I of the Clean Air Act;

          ‘(ii) 1.1 if the area is classified as a moderate ozone nonattainment area under such subpart;

          ‘(iii) 1.2 if the area is classified as a serious ozone nonattainment area under such subpart;

          ‘(iv) 1.3 if the area is classified as a severe ozone nonattainment area under such subpart; or

          ‘(v) 1.4 if the area is classified as an extreme ozone nonattainment area under such subpart.

        If the area was also classified under subpart 3 of part D of title I of such Act as a nonattainment area for carbon monoxide during any part of fiscal year 1994, for purposes of calculating the weighted nonattainment area population, the weighted nonattainment area population of the area, as determined under the preceding provisions of this subparagraph, shall be further multiplied by a factor of 1.2.

        ‘(D) MINIMUM APPORTIONMENT- Notwithstanding any other provision of this paragraph, each State shall receive a minimum apportionment of 1/2 of 1 percent of the funds apportioned under this paragraph for a fiscal year.

        ‘(E) TRANSFERS-

          ‘(i) IN GENERAL- Any State that is apportioned more than 15 percent of the total amount of funds apportioned under this paragraph for a fiscal year may transfer all or any portion of the amount that exceeds 15 percent of such total amount to the apportionment of the State under section 104(b)(3) with approval of the metropolitan planning organization of the area for which the funds are attributable.

          ‘(ii) ALLOCATION- Any funds transferred under clause (i) shall be added to the allocation under section 133(d)(3)(A)(i) for the metropolitan area for which the funds are attributable.

          ‘(iii) LIMITATION- No funds transferred under this subparagraph may be used for a project which 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.

        ‘(F) DETERMINATION OF POPULATION- In determining population for the purpose of this paragraph, the Secretary shall use estimates prepared by the Secretary of Commerce.’.

SEC. 106. SURFACE TRANSPORTATION PROGRAM.

    (a) APPORTIONMENT FORMULA- Section 104(b)(3) is amended to read as follows:

      ‘(3) SURFACE TRANSPORTATION PROGRAM-

        ‘(A) IN GENERAL- For the surface transportation program, in the ratio that--

          ‘(i) the product of--

            ‘(I) the total lane miles of public highways in each State; and

            ‘(II) the relative intensity of use of public highways in the State; bears to

          ‘(ii) the product of--

            ‘(I) the total lane miles of public highways in all States; and

            ‘(II) the relative intensity of use of public highways in all States.

        ‘(B) DETERMINATION OF RELATIVE INTENSITY OF USE- For the purpose of subparagraph (A), the relative intensity of use of public highways in a State shall be determined by dividing--

          ‘(i) the vehicle miles traveled on public highways in the State per lane mile of public highways in the State during the latest 1-year period for which data are available; by

          ‘(ii) the vehicle miles traveled on public highways in all States per lane mile of public highways in all States during that period.

        ‘(C) MINIMUM APPORTIONMENT- Notwithstanding any other provision of this paragraph, each State shall receive a minimum apportionment of 1/2 of 1 percent of the funds apportioned under this paragraph for a fiscal year.’.

    (b) ALLOCATION OF OBLIGATION AUTHORITY- Section 133(f) is amended by striking ‘6-fiscal year period 1992 through 1997’ and inserting ‘6-fiscal year period 1998 through 2003’.

SEC. 107. BRIDGE PROGRAM.

    (a) MINIMUM APPORTIONMENT- Section 144(e) is amended in the fifth sentence by striking ‘0.25’ and inserting ‘0.5’.

    (b) AUTHORIZATIONS FOR DISCRETIONARY PROGRAM- Section 144(g)(1) is amended to read as follows:

      ‘(1) DISCRETIONARY BRIDGE PROGRAM-

        ‘(A) IN GENERAL- For each of fiscal years 1998 through 2003, of the amounts authorized to be appropriated to carry out this section, all but $100,000,000 in the case of each such fiscal year shall be apportioned as provided in subsection (e).

        ‘(B) RESERVED AMOUNT- For each of fiscal years 1998 through 2003, of the $100,000,000 referred to in subparagraph (A)--

          ‘(i) $90,000,000 shall be allocated at the discretion of the Secretary on the same date and in the same manner as funds apportioned under subsection (e); and

          ‘(ii) $10,000,000 shall be allocated by the Secretary in accordance with section 1039 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 144 note; 105 Stat. 1990).’.

    (c) OFF-SYSTEM BRIDGES- Section 144(g)(3) is amended by striking ‘1987,’ and all that follows through ‘1997,’ and inserting ‘1987 through 2003’.

    (d) FUNDING FOR HIGHWAY TIMBER BRIDGE RESEARCH AND DEMONSTRATION PROGRAM- Section 1039(e) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 144 note; 105 Stat. 1991) is amended to read as follows:

    ‘(e) FUNDING- From the funds reserved from apportionment under section 144(g)(1) of title 23, United States Code, for each of fiscal years 1998 through 2003--

      ‘(1) $1,500,000 shall be available to the Secretary for carrying out subsections (a) and (b); and

      ‘(2) $8,500,000 shall be available to the Secretary to carry out subsection (c).

    Such sums shall remain available until expended.’.

SEC. 108. MINIMUM ALLOCATION.

    Section 157 of title 23, United States Code, is amended--

      (1) in subsection (a)--

        (A) in paragraph (4) by striking the paragraph designation and all that follows before ‘on October 1’ and inserting the following:

      ‘(4) FISCAL YEARS 1992-1997- In each of fiscal years 1992 through 1997,’; and

        (B) by adding at the end the following:

      ‘(5) FISCAL YEAR 1998 AND THEREAFTER-

        ‘(A) DETERMINATION OF AMOUNTS- In fiscal year 1998, and each fiscal year thereafter, on October 1, or as soon as practicable thereafter, the Secretary shall determine the amount of funds would be required to ensure that a State’s percentage of the total apportionments in each such fiscal year and allocations for the prior fiscal year for--

          ‘(i) the National Highway System under section 103;

          ‘(ii) the Interstate maintenance program under section 119;

          ‘(iii) the surface transportation program under section 133;

          ‘(iv) the bridge program under section 144;

          ‘(v) the congestion mitigation and air quality improvement program under section 149;

          ‘(vi) grants for safety belts and motorcycle helmets under section 153;

          ‘(vii) the Interstate reimbursement program under section 160;

          ‘(viii) the Appalachian development highway program under section 201 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App); and

          ‘(ix) the scenic byways program under section 1047 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1996);

        is not less than 90 percent of the percentage that the population of the State is of the population of the United States, as determined by the Secretary based on the most recent revised estimate of State populations prepared by the Bureau of the Census.

        ‘(B) APPORTIONMENT-

          ‘(i) IN GENERAL- Except as provided in clause (ii), after determining the amounts of funds under subparagraph (A), the Secretary shall apportion the funds authorized to carry out this section for a fiscal year to each State in the ratio that the amount determined for the State under subparagraph (A) bears to the total amount determined for all States under subparagraph (A) (including ineligible States under clause (ii)).

          ‘(ii) INELIGIBLE STATES- A State shall be ineligible to receive funding under this section if--

            ‘(I) the State’s apportionment pursuant to subparagraph (A) is greater than 5.0 percent but less than 6.0 percent; and

            ‘(II) the State’s apportionment in any fiscal year under the ISTEA Reauthorization Act of 1997 is more than 5 percent greater than its average apportionment under the Intermodal Surface Transportation Efficiency Act of 1991.

    (b) APPLICABILITY OF OBLIGATION LIMITATIONS- Section 157(b) is amended by striking the last 2 sentences.

    (c) STATE DEFINED- Section 157(e) is amended to read as follows:

    ‘(e) STATE DEFINED- Notwithstanding any other provision of this title, in this section, the term ‘State’ means each of the 50 States.’.

SEC. 109. INTERSTATE REIMBURSEMENT PROGRAM.

    Section 160 is amended--

      (1) in subsection (a) by striking ‘The Secretary shall allocate to the States in each of fiscal years 1996 and 1997’ and inserting ‘For any fiscal year for which funds are authorized to carry out this section, the Secretary shall allocate to the States’; and

      (2) in subsection (b)--

        (A) by striking ‘each of fiscal years 1996 and 1997’ and inserting ‘a fiscal year’; and

        (B) by inserting before the period at the end the following: ‘, except that no State may receive for a fiscal year more than 10 percent of the total amount allocated under this section for such fiscal year’.

SEC. 110. APPORTIONMENT ADJUSTMENT.

    (a) HIGH DENSITY ADJUSTMENT-

      (1) IN GENERAL- Subject to subsection (c), in the case of any State eligible for a high density adjustment under paragraph (3), the amount of funds apportioned to the State for the surface transportation program under section 133 of title 23, United States Code, for each of fiscal years 1998 through 2003 shall be increased as necessary to ensure that the percentage obtained by dividing--

        (A) the total apportionments to the State for the fiscal year for Federal-aid highways (including Appalachian development highways) and highway safety construction programs; by

        (B) the total of all apportionments to all States for the fiscal year for Federal-aid highways (including Appalachian development highways) and highway safety construction programs;

      is not less than the minimum percentage for the State determined under paragraph (2).

      (2) MINIMUM PERCENTAGE- Except as provided in paragraph (3), the minimum percentage referred to in paragraph (1) for a State shall be equal to 75 percent of the State’s percentage of the total apportionments and allocations during fiscal years 1992 through 1997 under title 23, United States Code, the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1914 et seq.), and the National Highway System Designation Act of 1995 (109 Stat. 568 et seq.), excluding apportionments and allocations made for--

        (A) Interstate construction under section 104(b)(5)(A);

        (B) emergency relief under section 125;

        (C) the Federal lands highway program under section 204;

        (D) donor State bonus amounts under section 1013(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 157 note; 105 Stat. 1940);

        (E) Kansas projects under section 1014(c) of the Intermodal Transportation Efficiency Act of 1991 (105 Stat. 1942);

        (F) hold harmless adjustments under section 1015(a) of the Intermodal Transportation Efficiency Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943);

        (G) 90 percent of payment adjustments under section 1015(b) of the Intermodal Transportation Efficiency Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1944); and

        (H) demonstration projects under the Intermodal Transportation Efficiency Act of 1991.

      (3) SPECIAL RULE- For States with a population of 4,000,000 or more, the minimum percentage referred to in paragraph (1) shall be equal to 150 percent.

      (4) ELIGIBLE STATES- A State shall be eligible for a high density adjustment under this subsection if the State has a population density of more than 450 persons per square mile.

    (b) MINIMUM APPORTIONMENT ADJUSTMENT- Subject to subsection (c), the amount of funds apportioned to a State for the surface transportation program under section 133 for each of fiscal years 1998 through 2003 shall be increased as necessary to ensure that--

      (1) the sum of--

        (A) the total apportionments to the State for the fiscal year; and

        (B) the total allocations authorized by the Intermodal Surface Transportation Efficiency Act of 1991 or this Act to the State for the previous fiscal year;

      for Federal-aid highways (including Appalachian development highways) and highway safety construction programs (excluding apportionments and allocations for emergency relief under section 125 and for Federal lands highways under section 204); is not less than--

      (2)(A) 1/2 of 1 percent of the sum of--

        (i) the total of all apportionments described in paragraph (1) to all States for the fiscal year; and

        (ii) the total of all allocations described in paragraph (1) to all States for the previous fiscal year; or

      (B) 90 percent of the total of all apportionments described in paragraph (1) to the State for fiscal year 1997.

    (c) LIMITATION ON APPORTIONMENT ADJUSTMENTS- If the amounts authorized to be appropriated for apportionment adjustments under this section for a fiscal year are insufficient to fund the increased apportionments required by subsections (a) and (b) for the fiscal year, the increased apportionment shall be reduced proportionately.

SEC. 111. LEVEL OF EFFORT BONUS.

    (a) ELIGIBLE STATES- In each of fiscal years 1998 through 2003, on October 1, or as soon as possible thereafter, the Secretary of Transportation shall allocate funds made available to carry out this section among those

States that the Secretary determines, based on the most recent fiscal year for which data are available, had a level of effort that exceeded the average level of effort of all States.

    (b) ALLOCATION FORMULA- The Secretary shall allocate funds under this section in the ratio that the financial level of effort of each eligible State exceeded the financial level of effort of all eligible States for the applicable fiscal year, except that no State may receive more than 10 percent of the total amount made available to carry out this section for such fiscal year.

    (c) DETERMINATION OF FINANCIAL LEVEL OF EFFORT- For purposes of subsection (a), the Secretary shall determine the financial level of effort of a State for a fiscal year--

      (1) by calculating the ratio of total State and local disbursements for Federal-aid highways and highway safety construction programs to total State taxable resources in each State for such fiscal year; and

      (2) for each State in which the result of paragraph (1) exceeds the ratio of total State and local disbursements for Federal-aid highways and highway safety construction programs for all States to total State taxable resources for all States for such fiscal year, by multiplying such difference by the total State taxable resources for the State, resulting in the financial level of effort amount for each eligible State to be used in subsection (b).

    ‘(d) ADJUSTMENT FOR STATES WITH HIGH EQUIVALENT MOTOR FUEL TAX- Of the amounts authorized for each fiscal year to carry out this section, $65,000,000 shall be made available to States that have a high level of effort as measured by equivalent motor fuel tax according to the following table:

--The applicable

State

--percentage is:

Connecticut

--4.75

Hawaii

--3.22

Illinois

--30.08

Maryland

--19.70

Massachusetts

--5.41

Nevada

--8.81

Ohio

--20.12

Oregon

--7.91

Total

--100.00.’

    (e) TRANSFER OF AMOUNT TO STP APPORTIONMENT- The Secretary shall transfer amounts allocated to a State pursuant to this section to the apportionment of such State under section 104(b)(3) of title 23, United States Code, for the surface transportation program.

SEC. 112. RESEARCH PROGRAMS.

    (a) STRATEGIC HIGHWAY RESEARCH PROGRAM- Section 307(b)(2)(B) is amended by striking ‘1994, 1995, 1996, and 1997’ and inserting ‘1994 through 2003’.

    (b) APPLIED RESEARCH PROGRAM- Section 307(e)(13) is amended in the first sentence by striking ‘1993, 1994, 1995, 1996, and 1997’ and inserting ‘1993 through 2003’.

    (c) SEISMIC RESEARCH PROGRAM- Section 307(f)(4) is amended by striking ‘$2,000,000’ and all that follows before the period and inserting ‘$4,000,000 in each of fiscal years 1998 through 2003 to carry out this section’.

    (d) INTELLIGENT TRANSPORTATION SYSTEMS- Section 6058 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 307 note; 105 Stat. 2191) is amended--

      (1) in subsection (a) by striking ‘1997’ and inserting ‘2003’; and

      (2) in subsection (b) by striking ‘1997’ and inserting ‘2003’.

SEC. 113. SCENIC BYWAYS PROGRAM.

    Section 1047(d) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1996) is amended by striking ‘1995, 1996, and 1997’ and inserting ‘1995 through 2003’.

SEC. 114. FERRY BOATS AND TERMINALS.

    Section 1064(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105 Stat. 2005) is amended to read as follows:

    ‘(c) FUNDING- There shall be available, out of the Highway Trust Fund (other than the Mass Transit Account), to the Secretary for obligation at the discretion of the Secretary in carrying out this section $40,000,000 for each of fiscal years 1998 through 2003. Such sums shall remain available until expended.’.

SEC. 115. BORDER CROSSING INFRASTRUCTURE PROGRAM.

    (a) FINDING- Congress finds and declares that as a result of the North American Free Trade Agreement, States along the United States-Mexico and United States-Canada border will require significant investments in highway infrastructure capacity so that the Nation may realize the full benefits of increased international trade.

    (b) ESTABLISHMENT- Chapter 1 is amended by adding at the end the following:

‘Sec. 161. Border crossing infrastructure program

    ‘(a) AUTHORITY TO MAKE GRANTS- The Secretary shall make grants under this section to Mexican and Canadian border States that submit an application that demonstrates need, due to increased traffic resulting from the implementation of NAFTA, for assistance in carrying out transportation projects that are necessary to relieve traffic

congestion, specifically for the purposes of connecting, through construction or reconstruction, the National Highway System designated under section 103(b), with Federal border crossing facilities located in the United States in the border region, or to improve enforcement of motor carrier safety laws in the border region. The Federal share of the cost of a project under this section shall not exceed 80 percent of the total project cost. Each border region will comprise a separate subprogram within this program, and as such be administered separately.

    ‘(b) MEXICAN BORDER REGION PROGRAM-

      ‘(1) IN GENERAL- For each of fiscal years 1998 through 2003, the Secretary shall allocate the amounts made available to carry this section among Mexican border States as follows:

        ‘(A) 90 percent in the ratio which the number of major Mexican border crossing facilities in each Mexican border State bears to the total number of major Mexican border crossing facilities in all Mexican border States, as determined by the Secretary under paragraph (2).

        ‘(B) 10 percent in the ratio which the number of minor Mexican border crossing facilities in each Mexican border State bears to the total number of minor Mexican border crossing facilities in all Mexican border States, as determined by the Secretary under paragraph (2).

      ‘(2) DETERMINATIONS- The Secretary shall make the determinations required by paragraph (1) concerning the number of commercial motor vehicles using a Mexican border crossing facility on an annual basis using the most recent calendar year information that can be obtained from the Census Bureau.

    ‘(c) CANADIAN BORDER REGION PROGRAM- For each of fiscal years 1998 through 2003, the Secretary shall allocate the amounts made available to carry this section among Canadian border States in accordance with an equitable formula to be established by the Secretary that shall consider--

      ‘(1) the annual volume of international commercial motor vehicle traffic at the ports of entry of each Canadian border State as compared to the annual volume of international commercial motor vehicle traffic at the ports of entry of all Canadian border States;

      ‘(2) the percentage by which international commercial vehicle traffic in each Canadian border State has grown during the period beginning on the date of the enactment of the North American Free Trade Agreement Implementation Act (Public Law 103-182) as compared to that percentage for all Canadian border States;

      ‘(3) the age and condition of existing border crossings and connections to the National Highway System of each Canadian border State as compared to the age and condition of existing border crossings and connections to the National Highway System of all Canadian border States; and

      ‘(4) the extent of border transportation improvements carried out by each Canadian border State during the period beginning on the date of the enactment of the North American Free Trade Agreement Implementation Act (Public Law 103-182).

    ‘(d) MINIMUM ALLOCATION- Notwithstanding any other provision of this section, a Canadian border State with $6,000,000,000 or more in annual imports and exports with Canada and Mexico shall receive not less than 5 percent of the amounts made available to Canadian border States to carry out this section and each of the other Canadian border States shall receive not less than 2.5 percent of such amounts.

    ‘(e) PROJECTS COMMENCED AFTER JANUARY 1, 1994- The Secretary may make a grant under this section to a Mexican or Canadian border State that reimburses the State for a project for which construction commenced after January 1, 1994, if the project is otherwise eligible for assistance under this section.

    ‘(f) DEFINITIONS- In this section, the following definitions apply:

      ‘(1) BORDER STATE- The term ‘border State’ means a Canadian border State or a Mexican border State.

      ‘(2) BORDER CROSSING FACILITY- The term ‘border crossing facility’ means a Federal facility located in the United States that is used to enter the United States from Canada or Mexico.

      ‘(3) CANADIAN BORDER REGION- The term ‘Canadian border region’ means the region located within 60 miles of the United States border with Canada.

      ‘(4) CANADIAN BORDER STATE- The term ‘Canadian border State’ means Maine, New Hampshire, Vermont, New York, Pennsylvania, Ohio, Michigan, Wisconsin, Minnesota, North Dakota, Montana, Idaho, Washington, and Alaska.

      ‘(5) COMMERCIAL MOTOR VEHICLE- The term ‘commercial motor vehicle’ means a motor vehicle that is used in commerce to transport passengers or

property and has a gross vehicle weight rating of 26,001 or more pounds.

      ‘(6) MAJOR MEXICAN BORDER CROSSING FACILITY- The term ‘major Mexican border crossing facility’ means a Mexican border crossing facility used by 150,000 or more northbound commercial motor vehicles in a calendar year.

      ‘(7) MEXICAN BORDER REGION- The term ‘Mexican border region’ means the region located within 60 miles of the United States border with Mexico.

      ‘(8) MEXICAN BORDER STATE- The term ‘Mexican border State’ means California, Arizona, New Mexico, and Texas.

      ‘(9) MINOR MEXICAN BORDER CROSSING FACILITY- The term ‘minor Mexican border crossing facility’ means a Mexican border crossing facility used by less than 150,000 northbound commercial motor vehicles in a calendar year.

      ‘(6) NAFTA- The term ‘NAFTA’ means the North American Free Trade Agreement.

    ‘(f) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section for each of fiscal years 1998 through 2003, $100,000,000 for the Mexican border region and $100,000,000 for the Canadian border region.’.

SEC. 116. PROGRAM STREAMLINING.

    (a) PROGRAM APPROVAL-

      (1) PROGRAM APPROVAL DEFINED- Section 101(a) is amended by inserting after the undesignated paragraph relating to the term ‘project agreement’ the following:

    ‘The term ‘program agreement’ means the formal instrument to be executed by the State highway department and Secretary which identifies a State’s annual capital program, either on a project-by-project basis or program area basis.’.

      (2) TRANSPORTATION IMPROVEMENT PROGRAM- Section 135(f)(4) is amended by adding at the end the following: ‘A State shall have the option to enter into program agreements for either the State’s entire capital program or for each program funding category as a whole or for like types of projects.’.

    (b) STATE PROGRAMS-

      (1) REPEAL- Sections 105 is repealed.

      (2) CONFORMING AMENDMENT- The table of sections for chapter 53 is amended by striking the item relating to section 105.

    (c) PRIORITY FOR CERTAIN PROJECTS- Section 135(f) is amended by adding at the end the following:

      ‘(5) PRIORITY FOR HIGH PRIORITY SEGMENTS OF CORRIDORS OF NATIONAL SIGNIFICANCE- In selecting projects for inclusion in a transportation improvement program under this subsection, a State may give priority to high priority segments of corridors identified under section 1105(f) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2033-2035) or any other provision of law. The Secretary may give priority of approval to, and expedite construction of, projects to complete construction of such segments.’.

    (d) ENVIRONMENTAL STANDARDS-

      (1) STUDY- The Secretary of Transportation shall conduct a study of the feasibility of establishing a program under which a State that has an environmental program that is functionally equivalent to the environmental program of the Federal Government may be certified to conduct joint Federal and State environmental reviews for surface transportation projects.

      (2) REPORT- Not later than 2 years after the date of the enactment of this Act, the Secretary shall transmit to Congress a report containing the results of the study conducted under this subsection.

    (e) COORDINATION OF ENVIRONMENTAL REVIEWS-

      (1) STUDY- The Secretary of Transportation, in cooperation with the Council on Environmental Quality, shall conduct a study of the administration of the environmental review process associated with highway and transit programs and projects and shall develop and implement a pilot program that will strengthen the processes under the National Environmental Protection Act by integrating all assessment mechanisms which address social, economic, and environmental concerns into a single unified and streamlined process allowing for the complete, thoughtful, timely, responsible and balanced consideration of economic, social and environmental issues which promote sustainable development.

      (2) REPORT- Not later than 2 years after the date of the enactment of this Act, the Secretary shall transmit to Congress a report containing the results of the study conducted under this paragraph, including an assessment of the pilot program and recommendations for legislative actions that are necessary to further improve coordination and consolidation of environmental reviews of surface transportation projects.

    (f) TOLL AND PRIVATE INVESTMENT CREDITS-

      (1) IN GENERAL- Section 322 is amended to read as follows:

‘Sec. 322. Credit for non-federal share

    ‘(a) ELIGIBILITY-

      ‘(1) TOLL REVENUES- A State shall be credited toward the non-Federal share of the cost of a project under this title for toll revenues that are generated and used by public, quasi-public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce. Such public, quasi-public, or private agencies shall have built, improved, or maintained such facilities without Federal funds.

      ‘(2) PRIVATE INVESTMENT FUNDS- A State shall be credited toward the non-Federal share of the cost of a project under this title private funds invested in the Federal-Aid Highway System.

    ‘(b) TREATMENT- Use of such credit for a non-Federal share shall not expose such agencies from which the credit is received to additional liability, additional regulation, or additional administrative oversight. When credit is applied from chartered multi-State agencies, such credit

shall be applied equally to all charter States. The public, quasi-public, and private agencies from which the credit for which the non-Federal share is calculated shall not be subject to any additional Federal design standards, laws, or regulations as a result of providing non-Federal match other than those to which such agency is already subject.’.

      (2) CONFORMING AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

      ‘322. Credit for non-federal share.’.

    (g) REMOVAL OF HISTORIC HIGHWAY BRIDGES FOR REUSE- Section 114(o) is amended--

      (1) in paragraph (1) by inserting after ‘adaptive reuse,’ the following: ‘alternative transportation purposes (including bikeway and walkway projects eligible for funding under this title),’;

      (2) in paragraph (3)--

        (A) by inserting after ‘intended use’ the following: ‘whether motorized vehicular traffic or alternative public transportation purposes’; and

        (B) by inserting after ‘no longer used for motorized vehicular traffic’ the following ‘or for alternative public transportation purposes’;

      (3) in the second sentence of paragraph (4)--

        (A) by inserting after ‘historic bridge’ the following: ‘for motorized vehicles or alternative vehicular traffic or alternative public transportation’; and

        (B) by striking ‘under this chapter’ and all that follows before the period.

    (h) STREAMLINED ADMINISTRATION OF ENHANCEMENT PROJECTS AND SMALL CMAQ PROJECTS-

      (1) STUDY- The Secretary, in cooperation with the Administrator of the Environmental Protection Agency and the Council on Environmental Quality, shall conduct a study to develop ways to streamline and simplify the administration of enhancement projects and congestion mitigation and air quality projects with a cost of less than $500,000.

      (2) REPORT- Not later than 2 years after the date of the enactment of this Act, the Secretary shall transmit to Congress a report contain the results of the study conducted under paragraph (1), together with recommendations on how the administration of enhancement projects and small congestion mitigation and air quality projects can be simplified and streamlined.

TITLE II--TRANSIT PROGRAMS

SEC. 201. SHORT TITLE.

    This title may be cited as the ‘Federal Transit Act of 1997’.

SEC. 202. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

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

SEC. 203. FINDINGS.

    Congress finds that--

      (1) public transit is an important factor in the continued economic vitality of the United States;

      (2) citizens in rural and urban areas depend on public transportation for access to employment, education, health care, and other necessities of daily life;

      (3) public transportation improves air quality and helps air quality nonattainment areas achieve federally required pollution reduction milestones;

      (4) millions of Americans are employed in the transit industry, operating the Nation’s transit systems, manufacturing buses, trains, and other vehicles used in public transportation, or are serving in related capacities;

      (5) the Intermodal Surface Transportation Efficiency Act of 1991 moved public transportation toward an equal footing with highways in the decisionmaking process of Federal, State, and local governments;

      (6) the transit programs developed under the Intermodal Surface Transportation Efficiency Act of 1991 should be continued so that the full potential of public transportation may be realized;

      (7) an increased investment in public transportation will increase access to jobs and other important destinations for millions of Americans, as well as reduce our dependence on foreign oil and the incidence of air pollution; and

      (8) the needs of public transportation systems should continue to be the driving force behind the allocation of available financial resources.

SEC. 204. FLEXIBILITY FOR SMALL URBANIZED AREAS.

    Section 5307 is amended by adding at the end the following:

    ‘(o) USE OF AMOUNTS BY SMALL URBANIZED AREAS- Notwithstanding any other provision of this section, each urbanized area with a population of less than 200,000 may use assistance received under this section for either operating or capital needs.’.

SEC. 205. DISCRETIONARY GRANTS AND LOANS.

    Section 5309(m)(1) is amended by striking ‘the fiscal years ending September 30, 1993-1997’ and inserting ‘fiscal years 1998 through 2003’.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

    (a) APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY MODERNIZATION- Section 5337(a) is amended by striking ‘the fiscal years ending September 30, 1993-1997,’ and inserting ‘fiscal years 1998 through 2003’.

    (b) SECTIONS 5303-5306, 5307, 5310, 5311, 5313, 5314, 5317, 5320, 5327, AND 5334 (a) AND (c)- Section 5338(a) is amended to read as follows:

    ‘(a) FOR SECTIONS 5303-5306, 5307, 5310, 5311, 5313, 5314, 5317, 5320, 5327, AND 5334 (a) AND (c)-

      ‘(1) IN GENERAL- There is authorized to be appropriated from the Mass Transit Account of the Highway Trust Fund to carry out sections 5303-5306, 5307, 5310, 5311, 5313, 5314, 5317, 5320, 5327, and 5334(a) and (c) of this title $2,712,000,000 for the each of fiscal years 1998 through 2003.

      ‘(2) ADDITIONAL AMOUNTS- In addition to the amounts made available under paragraph (1), not more than $600,000,000 for each of fiscal years 1998 through 2003 may be appropriated to the Secretary to carry out sections 5303-5306, 5307, 5310, 5311, 5313, 5314, 5317, 5320, 5327, and 5334(a) and (c).’.

    (c) DISCRETIONARY GRANTS AND LOANS- Section 5338(b) to read as follows:

    ‘(b) SECTION 5309- Not more than $2,288,000,000 for each of fiscal years 1998 through 2003 is available from the Account for the Secretary to carry out section 5309 of this title.’.

    (d) NATIONAL MASS TRANSPORTATION INSTITUTE- Section 5338(c) is amended by striking ‘the fiscal years ending September 30, 1993-1997’ and inserting ‘fiscal years 1998 through 2002’.

    (e) UNIVERSITY RESEARCH INSTITUTES- Section 5338(d) is amended by striking ‘each of the fiscal years ending September 30, 1993-1997’ and inserting ‘fiscal years 1998 through 2002’.

    (f) TRANSPORTATION CENTERS-

      (1) IN GENERAL- Section 5338(e) is amended to read as follows:

    ‘(e) SECTION 5317- Not more than $6,000,000 is available from the Fund (except the Account) for the Secretary for each of fiscal years 1998 through 2003, to carry out section 5317 of this title.’.

      (2) CONFORMING AMENDMENT- Section 5317(b)(5) is amended--

        (A) by striking subparagraph (C); and

        (B) by redesignating subparagraph (D) as subparagraph (C).

    (g) OTHER SET-ASIDES- Section 5338(h)(3) is amended by striking ‘the fiscal years ending September 30, 1993-1997’ and inserting ‘fiscal years 1998 through 2003’.

SEC. 207. PROGRAM EFFICIENCY IMPROVEMENTS.

    (a) ASSOCIATED CAPITAL MAINTENANCE-

      (1) AMENDMENT TO DEFINITION- Section 5307(a)(1) is amended by striking ‘material, each’ and all that follows through the end of the paragraph and inserting ‘material;’.

      (2) CONFORMING AMENDMENT- Section 5307(b)(4) is amended by striking ‘material,’ and all that follows through ‘used,’ and inserting ‘material’.

    (b) STATE APPORTIONMENT FLEXIBILITY- Section 5310(b) is amended by striking ‘Any State’s apportionment’ and all that follows through ‘the State for transfer’ and inserting ‘The chief executive officer of the State may transfer any of the funds apportioned to the State under this section’.

SEC. 208. APPLICATION OF BYRD RULE TO MASS TRANSIT ACCOUNT OF HIGHWAY TRUST FUND.

    Section 9503(e)(4) of the Internal Revenue Code of 1986 is amended by striking ‘except’ and all that follows before the period.