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H.R. 2337 (105th): Surface Transportation Authorization and Regulatory Streamlining Act

The text of the bill below is as of Jul 31, 1997 (Introduced).


HR 2337 IH

105th CONGRESS

1st Session

H. R. 2337

To authorize funds to further the strong Federal interest in the improvement of highways and transportation, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

July 31, 1997

Mr. HILL introduced the following bill; which was referred to the Committee on Transportation and Infrastructure


A BILL

To authorize funds to further the strong Federal interest in the improvement of highways and transportation, 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 ‘Surface Transportation Authorization and Regulatory Streamlining Act’.

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

      Sec. 1. Short title; table of contents.

      Sec. 2. Policy.

TITLE I--LEVEL AND DISTRIBUTION OF FUNDS

      Sec. 101. Authorization of appropriations.

      Sec. 102. Effective use of additional highway account revenue.

      Sec. 103. Apportionment of program funds.

      Sec. 104. Apportionment adjustment program.

      Sec. 105. Program administration, research, and planning funds.

      Sec. 106. Recreational trails.

      Sec. 107. Rules for any limitations on obligations.

TITLE II--PROGRAM STREAMLINING

      Sec. 201. Planning-based expenditures on elements of transportation infrastructure.

      Sec. 202. National Highway System.

      Sec. 203. Interstate maintenance activities.

      Sec. 204. Surface transportation program amendments.

      Sec. 205. Conforming amendments to discretionary programs.

      Sec. 206. Cooperative Federal Lands Transportation Program.

TITLE III--REDUCTION OF REGULATION

      Sec. 301. Periodic review of agency rules.

      Sec. 302. Planning and programming.

      Sec. 303. Metric conversion at State option.

TITLE IV--EFFECTIVE DATE; TRANSITION RULES

      Sec. 401. Effective date; transition rules.

SEC. 2. POLICY.

    Section 101 of title 23, United States Code, is amended by striking subsection (b) and inserting the following:

    ‘(b) DECLARATION OF POLICY- Congress finds and declares that--

      ‘(1) investments in highways and transportation systems contribute to the Nation’s economic growth, international competitiveness, and defense, and improve the personal mobility and quality of life of its citizens;

      ‘(2) there are significant needs for increased Federal highway and transportation investment across the United States, including a need to improve and preserve Interstate System and other National Highway System routes, which are lifelines for the national economy;

      ‘(3) the Federal Government’s interest in transportation includes--

        ‘(A) ensuring that people and goods can move efficiently over long distances between metropolitan areas and thus across rural areas;

        ‘(B) ensuring that people and goods can move efficiently within metropolitan and rural areas;

        ‘(C) preserving environmental quality and reducing air pollution;

        ‘(D) promoting transportation safety; and

        ‘(E) ensuring the effective use of intelligent transportation systems and other transportation technological innovations in both urban and rural settings;

      ‘(4) rural States do not have the fiscal resources to support highway investments within their borders that benefit the United States as a whole by

enabling the movement of people and goods between metropolitan areas and thus across rural States;

      ‘(5) since State governments already take into account the public interest before making transportation decisions affecting citizens of the States--

        ‘(A) the need for Federal regulation of State transportation activities is limited; and

        ‘(B) it is appropriate for Federal transportation programs to be revised to minimize regulations and program requirements and to provide greater flexibility to State governments; and

      ‘(6) the Federal Government should continue to allow States and local governments flexibility in the use of Federal highway funds and require transportation planning and public involvement in transportation planning.’.

TITLE I--LEVEL AND DISTRIBUTION OF FUNDS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    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 title 23, United States Code, $14,163,000,000 for each of fiscal years 1998 through 2003.

      (2) SURFACE TRANSPORTATION PROGRAM- For the surface transportation program under section 133 of that title, $9,442,000,000 for each of fiscal years 1998 through 2003.

      (3) FEDERAL LANDS HIGHWAY INVESTMENTS-

        (A) FEDERAL LANDS HIGHWAYS PROGRAM-

          (i) INDIAN RESERVATION ROADS- For Indian reservation roads under section 204 of that title, $191,000,000 for each of fiscal years 1998 through 2003.

          (ii) PUBLIC LANDS HIGHWAYS- For public lands highways under section 204 of that title, $172,000,000 for each of fiscal years 1998 through 2003.

          (iii) PARKWAYS AND PARK ROADS- For parkways and park roads under section 204 of that title, $84,000,000 for each of fiscal years 1998 through 2003.

        (B) COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM- For the Cooperative Federal Lands Transportation Program

under section 206 of that title, $155,000,000 for each of fiscal years 1998 through 2003.

      (4) TERRITORIES- For the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, collectively, $35,000,000 for each of fiscal years 1998 through 2003. Such sums shall be allocated among those territories at the discretion of the Secretary of Transportation.

SEC. 102. EFFECTIVE USE OF ADDITIONAL HIGHWAY ACCOUNT REVENUE.

    (a) IN GENERAL- Chapter 1 of title 23, United States Code, is amended by adding at the end the following:

‘Sec. 162. Effective use of additional highway account revenue

    ‘(a) DETERMINATION OF ADDITIONAL AMOUNTS TO BE APPORTIONED-

      ‘(1) PUBLICATION OF INFORMATION- Not later than 90 days after the beginning of each fiscal year beginning with fiscal year 1999, the Secretary shall publish in the Federal Register the following information:

        ‘(A) The total estimated revenue of the Highway Trust Fund (other than the Mass

Transit Account) during the period consisting of that fiscal year and the 5 following fiscal years, including all interest income credited or to be credited during the period.

        ‘(B) The amount obtained by dividing the amount determined under subparagraph (A) by 6.

        ‘(C) The amount obtained by subtracting $27,000,000,000 from the amount determined under subparagraph (B).

      ‘(2) APPORTIONMENT- If the amount determined under paragraph (1)(C) is greater than zero, the Secretary shall--

        ‘(A) multiply that amount by 0.85; and

        ‘(B) apportion the amount determined under subparagraph (A) in accordance with subsection (b)(1).

    ‘(b) METHOD OF APPORTIONMENT-

      ‘(1) IN GENERAL- For each fiscal year, the amount determined under subsection (a)(2) shall be apportioned as follows:

        ‘(A) 60 percent of the amount shall be added to the amount authorized to be appropriated for the fiscal year for the National Highway System under section 101(1) of the Surface Transportation Authorization and Regulatory Streamlining Act.

        ‘(B) 40 percent of the amount shall be added to the amount authorized to be appropriated for the fiscal year for the surface transportation program under section 101(2) of that Act.

      ‘(2) APPORTIONMENT ADJUSTMENT PROGRAM- After making the apportionment under paragraph (1), the Secretary shall make such additional apportionments as are necessary under section 157.

    ‘(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section such sums as are necessary for fiscal year 1999 and each fiscal year thereafter.’.

    (b) CONFORMING AMENDMENT- The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following:

      ‘162. Effective use of additional highway user taxes.’.

SEC. 103. APPORTIONMENT OF PROGRAM FUNDS.

    (a) IN GENERAL- Section 104(b) of title 23, United States Code, is amended--

      (1) by striking paragraph (1) and inserting the following:

      ‘(1) NATIONAL HIGHWAY SYSTEM-

        ‘(A) APPORTIONMENT- For the National Highway System, as follows:

          ‘(i) INTERSTATE LANE MILES- 20 percent in the ratio that lane miles on Interstate routes in each State bears to the total of all such lane miles in all States.

          ‘(ii) INTERSTATE VEHICLE MILES TRAVELED- 25 percent in the ratio that vehicle miles traveled on Interstate routes in each State bears to the total of all such vehicle miles in all States.

          ‘(iii) NATIONAL HIGHWAY SYSTEM LANE MILES- 30 percent in the ratio that lane miles on National Highway System routes in each State bears to the total of all such lane miles in all States.

          ‘(iv) NATIONAL HIGHWAY SYSTEM VEHICLE MILES TRAVELED- 10 percent in the ratio that vehicle miles traveled on the National Highway System in each State bears to the total of all such vehicle miles in all States.

          ‘(v) SPECIAL FUEL- 15 percent in the ratio that special fuels volume for each

State bears to the total special fuels volume for all States.

        ‘(B) USE OF DATA- In making the calculations for this paragraph, for paragraph (3), and for section 157, the Secretary shall use the most recent calendar or fiscal year for which data are available as of the first day of the fiscal year for which the apportionment is to be made.

        ‘(C) DEFINITIONS- In this paragraph:

          ‘(i) LANE MILES ON INTERSTATE ROUTES- The term ‘lane miles on Interstate routes’ shall have the meaning used by the Secretary in developing Highway Statistics Table HM-60.

          ‘(ii) LANE MILES ON NATIONAL HIGHWAY SYSTEM ROUTES- The term ‘lane miles on National Highway System routes’ shall have the meaning used by the Secretary in developing Highway Statistics Table HM-48.

          ‘(iii) SPECIAL FUELS VOLUME- The term ‘special fuels volume’ shall have the meaning used by the Secretary in developing column 8 of Highway Statistics Table MF-2.

          ‘(iv) STATE- The term ‘State’ means each of the 50 States and the District of Columbia.

          ‘(v) VEHICLE MILES TRAVELED- The terms ‘vehicle miles traveled on Interstate routes’ and ‘vehicle miles traveled on the National Highway System’ shall have the meanings used by the Secretary in developing Highway Statistics Table VM-3.’;

      (2) by striking paragraph (2);

      (3) by striking paragraph (3) and inserting the following:

      ‘(3) SURFACE TRANSPORTATION PROGRAM- For the surface transportation program, as follows:

        ‘(A) FEDERAL-AID HIGHWAY LANE MILES- 25 percent in the ratio that lane miles on Federal-aid highways in each State bears to the total of all such lane miles in all States.

        ‘(B) FEDERAL-AID HIGHWAY VEHICLE MILES TRAVELED- 53 percent in the ratio that vehicle miles traveled on Federal-aid highways in each State bears to the total of all such vehicle miles in all States.

        ‘(C) BRIDGE DECK SURFACE AREA- 10 percent in the ratio that the square footage of bridge deck surface in each State, including such square footage with respect to bridges not on Federal-aid highways, bears to the total of such square footage in all States, except that, in this subparagraph, the term ‘bridge’ includes only structures of at least 20 feet in length.

        ‘(D) AIR QUALITY- 4 percent in accordance with the following table:

‘State

Percentage

Alabama

0.41

Alaska

0.00

Arizona

1.50

Arkansas

0.00

California

23.02

Colorado

0.00

Connecticut

2.63

Delaware

0.45

District of Columbia

0.48

Florida

3.34

Georgia

1.73

Hawaii

0.00

Idaho

0.00

Illinois

5.48

Indiana

1.26

Iowa

0.00

Kansas

0.00

Kentucky

0.82

Louisiana

0.47

Maine

0.48

Maryland

3.47

Massachusetts

4.60

Michigan

3.25

Minnesota

0.00

Mississippi

0.00

Missouri

1.11

Montana

0.00

Nebraska

0.00

Nevada

0.17

New Hampshire

0.43

New Jersey

6.45

New Mexico

0.00

New York

10.96

North Carolina

1.38

North Dakota

0.00

Ohio

4.91

Oklahoma

0.00

Oregon

0.66

Pennsylvania

6.76

Rhode Island

0.65

South Carolina

0.00

South Dakota

0.00

Tennessee

1.25

Texas

5.47

Utah

0.55

Vermont

0.00

Virginia

2.38

Washington

1.78

West Virginia

0.30

Wisconsin

1.40

Wyoming

0.00.

        ‘(E) POPULATION IN RELATION TO LANE MILES- 2 percent, as follows: The Secretary shall (i) divide the total population of all States by the total number of lane miles on Federal-aid highways in all States; (ii) for each State divide the State’s population by the number of lane miles on Federal-aid highways within its borders; (iii) for each State divide the number determined by (ii) into the number determined by (i); (iv) add together the number determined under (iii) for every State; and (v) divide the number for each State under (iii) by the number for all States determined under (iv). The Secretary shall apportion to each State, of the funds apportioned under this subparagraph, the

percentage equal to the number determined under (v).

        ‘(F) FEDERAL LANDS- 5 percent as follows: The Secretary, after consultation with the General Services Administration, the Department of the Interior, and other agencies as appropriate, shall (i) determine the percentage of the total land in each State represented by the sum of the percentage of land owned by the Federal Government in the State and the percentage of land in the State held in trust by the Federal Government; (ii) add together the individual State percentages determined under clause (i) for all States; and (iii) divide the amount for each State under clause (i) by the amount for all States under clause (ii). The 5 percent shall be apportioned among the States in accord with each State’s percentage under clause (iii).

        ‘(G) FREEZE-THAW- 1 percent, to be apportioned among the States in accordance with the table set forth in clause (i), or in accordance with clause (ii).

          ‘(i) TABLE-

‘State

Percentage

Alabama

1.2

Alaska

2.4

Arizona

1.0

Arkansas

1.4

California

0.8

Colorado

3.3

Connecticut

2.3

Delaware

1.8

District of Columbia

1.9

Florida

0.2

Georgia

1.1

Hawaii

0.0

Idaho

2.9

Illinois

1.9

Indiana

1.9

Iowa

2.1

Kansas

2.1

Kentucky

1.9

Louisiana

0.7

Maine

2.5

Maryland

2.0

Massachusetts

2.4

Michigan

2.2

Minnesota

2.0

Mississippi

1.1

Missouri

2.0

Montana

3.0

Nebraska

2.4

Nevada

2.2

New Hampshire

2.0

New Jersey

2.6

New Mexico

2.1

New York

2.9

North Carolina

2.3

North Dakota

2.2

Ohio

2.1

Oklahoma

1.6

Oregon

1.6

Pennsylvania

2.3

Rhode Island

2.1

South Carolina

1.4

South Dakota

2.5

Tennessee

1.8

Texas

1.1

Utah

3.2

Vermont

2.0

Virginia

1.9

Washington

1.8

West Virginia

2.2

Wisconsin

2.1

Wyoming

3.5.

          ‘(ii) ALTERNATE APPROACH- Notwithstanding section 315, the Secretary may, through notice and comment rulemaking, adopt an approach in lieu of the table set forth in clause (i) in order to apportion funds subject to this subparagraph among the States in a manner that reflects the relative frequency of freeze-thaw cycles within the States. The Secretary may use that alternate approach to apportioning funds for a fiscal year only if a final rule, adopted after notice and comment, is in effect prior to the beginning of that fiscal year.

        ‘(H) DEFINITIONS- In this paragraph:

          ‘(i) LANE MILES ON FEDERAL-AID HIGHWAYS- The term ‘lane miles on Federal-aid highways’ shall have the meaning used by the Secretary in developing Highway Statistics Table HM-60.

          ‘(ii) STATE- The term ‘State’ means each of the 50 States and the District of Columbia.

          ‘(iii) VEHICLE MILES TRAVELED ON FEDERAL-AID HIGHWAYS- The term ‘vehicle miles traveled on Federal-aid highways’ shall have the meaning used by the Secretary in developing Highway Statistics Table VM-2.’;

      (4) in paragraph (5)--

        (A) in subparagraph (A), by striking ‘(A) Except as provided in subparagraph (B)--’; and

        (B) by striking subparagraph (B); and

      (5) by striking paragraph (6).

    (b) POPULATION DETERMINATIONS- Section 104 of title 23, United States Code, is amended by adding at the end the following:

    ‘(k) POPULATION DETERMINATIONS- For the purposes of subsection (b)(3) and section 157, population shall be determined on the basis of the most recent estimates prepared by the Secretary of Commerce.’.

    (c) CONFORMING AMENDMENTS-

      (1) Section 104(b) of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking ‘paragraph (5)(A) of this subsection’ and inserting ‘paragraph (5)’.

      (2) Section 137(f)(1) of title 23, United States Code, is amended by striking ‘section 104(b)(5)(B) of this title’ and inserting ‘section 104(b)(1)’.

      (3) Section 139 of title 23, United States Code, is amended by striking ‘sections 104(b)(1) and 104(b)(5)(B) of this title’ each place it appears and inserting ‘section 104(b)(1)’.

      (4) Section 142(c) of title 23, United States Code, is amended by striking ‘section 104(b)(5)(A)’ and inserting ‘section 104(b)(5)’.

      (5) Section 159(b) of title 23, United States Code, is amended--

        (A) in paragraph (1)(A)--

          (i) in clause (i), by striking ‘section 104(b)(5)(A)’ and inserting ‘section 104(b)(5)(A) (as in effect on the day before the date of enactment of the Surface Transportation Authorization and Regulatory Streamlining Act)’; and

          (ii) in clause (ii), by striking ‘section 104(b)(5)(B)’ and inserting ‘section 104(b)(5)(B) (as in effect on the day before the date of enactment of the Surface Transportation Authorization and Regulatory Streamlining Act)’;

        (B) in paragraph (3)--

          (i) in subparagraph (A), by striking ‘section 104(b)(5)(A)’ and inserting ‘section 104(b)(5)(A) (as in effect on the day before the date of enactment of the Surface Transportation Authorization and Regulatory Streamlining Act)’;

          (ii) in subparagraph (B), by striking ‘(5)(B)’ and inserting ‘(5)(B) (as in effect on the day before the date of enactment of the Surface Transportation Authorization and Regulatory Streamlining Act)’; and

          (iii) in the last sentence, by striking ‘section 104(b)(5)’ and inserting ‘section 104(b)(5) (as in effect on the day before the date of enactment of the Surface Transportation Authorization and Regulatory Streamlining Act)’; and

        (C) in paragraph (4), by striking ‘section 104(b)(5)’ and inserting ‘section 104(b)(5) (as in effect on the day before the date of enactment of the Surface Transportation Authorization and Regulatory Streamlining Act)’.

      (6) Section 161(a) of title 23, United States Code, is amended by striking ‘paragraphs (1), (3), and (5)(B) of section 104(b)’ each place it appears and inserting ‘paragraphs (1) and (3) of section 104(b)’.

      (7) Section 1009 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 119 note; 105 Stat. 1933) is amended by striking subsection (c).

SEC. 104. APPORTIONMENT ADJUSTMENT PROGRAM.

    (a) IN GENERAL- Section 157 of title 23, United States Code, is amended to read as follows:

‘Sec. 157. Apportionment adjustment program

    ‘(a) DEFINITIONS- In this section:

      ‘(1) LOW-DENSITY STATE- The term ‘low-density State’ means a State that is listed in the table in paragraph (4) and that has an average population density of 20 individuals or fewer per square mile.

      ‘(2) SMALL STATE- The term ‘small State’ means a State that is listed in the table in paragraph (4) and that has a population of 1,500,000 individuals or fewer and a land area of 10,000 square miles or less.

      ‘(3) STATE- The term ‘State’ means each of the 50 States and the District of Columbia.

      ‘(4) STATED PERCENTAGE- The term ‘stated percentage’, with respect to a State, means the percentage listed for the State in the following table:

‘State

Percentage

Alaska

1.25

Delaware

0.40

Hawaii

0.55

Idaho

0.70

Montana

0.95

Nevada

0.67

New Hampshire

0.48

New Mexico

1.05

North Dakota

0.63

Rhode Island

0.55

South Dakota

0.70

Vermont

0.43

Wyoming

0.66.

    ‘(b) PROGRAM- On October 1 (or as soon as possible thereafter) of each fiscal year beginning after September 30, 1997, the Secretary shall apportion among the States, in addition to amounts apportioned under paragraphs (1) and (3) of section 104(b), and section 104(f)(2), the amounts required by this section.

    ‘(c) ADDITIONAL APPORTIONMENTS AND SEQUENCE OF CALCULATING ADDITIONAL APPORTIONMENTS-

      ‘(1) FIRST CALCULATION- The Secretary shall apportion $95,000,000 to the Commonwealth of Puerto Rico.

      ‘(2) SECOND CALCULATION- For each low-density State and each small State, the Secretary shall calculate the total amount obtained by multiplying the stated percentage for the State by the total amount of funds apportioned to all States under paragraphs (1) and (3) of section 104(b) and section 104(f)(2) plus the amount apportioned under paragraph (1). For any low-density or small State that received, under paragraphs (1) and (3) of section 104(b) and section 104(f)(2) combined, apportionments less than the amount for the State determined pursuant to the first sentence of this paragraph, the Secretary shall apportion to the State such additional amount as is required to make up that difference.

      ‘(3) THIRD CALCULATION- In addition to any amount required to be apportioned by paragraph (2) for a fiscal year, the Secretary shall make additional apportionments so that no State receives an amount that is less than the amount determined by multiplying (A) the percentage that is 95 percent of the percentage of estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than the Mass Transit Account) in the latest fiscal year for which data are available by (B) the total amount of funds apportioned to all States immediately after the Secretary has made any additional apportionments required by paragraph (2).

      ‘(4) FOURTH CALCULATION- The Secretary shall determine for each State the percentage apportioned to that State of the total amount of funds apportioned to all States under paragraphs (1) and (3) of section 104(b). The Secretary shall calculate, for each State, the total amount obtained by multiplying (A) the percentage for that State under the first sentence of this paragraph by (B) the total amount of funds apportioned to all States after the apportionment made by paragraph (3). If the amount for a State under the calculation made under the preceding sentence, minus the total amount apportioned to that State after the apportionments made by paragraph (3), is greater than zero, the Secretary shall make an additional apportionment, equal to that amount, to that State.

      ‘(5) FIFTH CALCULATION- For each low-density State and each small State, the Secretary shall calculate the total amount obtained by multiplying the stated percentage for the State by the total amount of funds apportioned to all States after the apportionment made by paragraph (4). For any low-density or small State that receives, after the apportionment made by paragraph (4), total apportionments less than the amount for the State determined pursuant to the first sentence of this paragraph, the Secretary shall apportion to the State such additional amount as is required to make up that difference.

    ‘(d) TERMS AND CONDITIONS- Amounts apportioned in accordance with subsection (c), and amounts authorized to be appropriated under section 101(4) of the Surface Transportation Authorization and Regulatory Streamlining Act--

      ‘(1) shall be available for obligation, when allocated, for the year authorized and the 3 following fiscal years;

      ‘(2) shall be subject to this title; and

      ‘(3) may be obligated for National Highway System projects under section 103, surface transportation program projects under section 133, or any other purpose authorized under this title.

    ‘(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section such sums as are necessary for fiscal year 1998 and each fiscal year thereafter.’.

    (b) CONFORMING AMENDMENT- The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 157 and inserting the following:

      ‘157. Apportionment adjustment program.’.

    (c) REPEAL OF CERTAIN APPORTIONMENT ADJUSTMENT PROGRAMS-

      (1) REIMBURSEMENT FOR SEGMENTS OF THE INTERSTATE SYSTEM CONSTRUCTED WITHOUT FEDERAL ASSISTANCE-

        (A) IN GENERAL- Section 160 of title 23, United States Code, is repealed.

        (B) CONFORMING AMENDMENT- The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 160.

      (2) DONOR STATE BONUS AMOUNTS- Section 1013 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 157 note; 105 Stat. 1940) is amended by striking subsection (c).

      (3) HOLD HARMLESS APPORTIONMENT ADJUSTMENT- Section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943) is amended by striking subsection (a).

      (4) 90 PERCENT OF PAYMENTS ADJUSTMENT- Section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1944) is amended by striking subsection (b).

SEC. 105. PROGRAM ADMINISTRATION, RESEARCH, AND PLANNING FUNDS.

    (a) PROGRAM ADMINISTRATION- Section 104 of title 23, United States Code, is amended--

      (1) in subsection (a)--

        (A) in the first sentence--

          (i) by striking ‘an apportionment is made of the sums authorized to be appropriated for expenditure on the surface transportation program, the congestion mitigation and air quality improvement program, the National Highway System, and the Interstate System’ and inserting ‘apportionments are made pursuant to this section and section 157’; and

          (ii) by striking ‘not to exceed 3 3/4 per centum of all sums so authorized’ and inserting ‘not to exceed 2 percent of the total of the apportionments’;

        (B) by inserting after the first sentence the following: ‘For the purpose of calculating apportionments referred to in the preceding sentence, the deductions made under this subsection shall be made only after the completion of all other aspects of calculating the apportionments and from amounts calculated without taking into account the deductions.’; and

        (C) in the third sentence (after the amendment made by subparagraph (B)), by striking ‘such determination’ and inserting ‘the determination described in the first sentence’; and

      (2) in the matter preceding paragraph (1) of subsection (b), by striking ‘, after making the deduction’ and all that follows through the colon and inserting ‘shall make apportionments for the fiscal year in the following manner:’.

    (b) METROPOLITAN PLANNING- Section 104(f) of title 23, United States Code, is amended by striking ‘(f)(1)’ and all that follows through the end of paragraph (1) and inserting the following:

    ‘(f) METROPOLITAN PLANNING-

      ‘(1) SET ASIDE- On October 1 of each fiscal year, the Secretary shall set aside to carry out section 134 not to exceed 1 percent of the funds authorized to be appropriated for the National Highway System under section 103 and the surface transportation program under section 133.’.

    (c) RESEARCH AND PLANNING- Section 307 of title 23, United States Code, is amended--

      (1) by redesignating subsections (g) and (h) as subsections (i) and (j), respectively; and

      (2) by inserting after subsection (f) the following:

    ‘(g) FREEZE-THAW RESEARCH- Not later than 90 days after the date of enactment of the Surface Transportation Authorization and Regulatory Streamlining Act, the Secretary shall undertake an enhanced level of research to determine means of reducing the long-term and short-term costs of constructing and maintaining asphalt pavement in areas with severe or frequent freeze-thaw cycles.

    ‘(h) CONSIDERATION OF RURAL ISSUES IN TRANSPORTATION RESEARCH, INTELLIGENT TRANSPORTATION SYSTEMS, AND TECHNOLOGY PROGRAMS- In selecting topics for research, allocating funds among contractors and State and local governments for research, and researching, developing, testing, and promoting intelligent transportation systems and other technological applications, the Secretary shall give careful consideration to the national interest in--

      ‘(1) understanding transportation issues that affect rural areas;

      ‘(2) developing a scientific and technological infrastructure in rural areas; and

      ‘(3) permitting rural as well as metropolitan areas to benefit from the deployment of modern transportation technology.’.

SEC. 106. RECREATIONAL TRAILS.

    (a) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out the recreational trails program under part B of title I of the Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261 et seq.) $30,000,000 for each of fiscal years 1998 through 2003.

    (b) APPORTIONMENT FORMULA-

      (1) ADMINISTRATIVE COSTS- Whenever an apportionment is made of the sums authorized to be appropriated to carry out section 1302 of the Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261), 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 National Recreational Trails Advisory Committee. The Secretary may enter into contracts, partnerships, or cooperative agreements with other government agencies, institutions of higher learning, or nonprofit organizations, and may enter into contracts with for-profit organizations, to carry out the administration and research described in the preceding sentence.

      (2) APPROPRIATION TO THE STATES- After making the deduction authorized by paragraph (1), 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) EQUAL AMOUNTS- Fifty percent of that amount shall be apportioned equally among eligible States (as defined in section 1302(g)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261(g)(1))).

        (B) AMOUNTS PROPORTIONATE TO NONHIGHWAY RECREATIONAL FUEL USE- Fifty percent of that amount shall be apportioned among eligible States (as defined in section 1302(g)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261(g)(1))) in amounts proportionate to the degree of nonhighway recreational fuel use in each of those States during the preceding year.

    (c) CONTRACT AUTHORITY- Funds authorized by this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of any recreational trails project shall be determined in accordance with subsection (d).

    (d) FEDERAL SHARE PAYABLE-

      (1) IN GENERAL- Except as provided in paragraphs (2), (3), (4), and (5), the Federal share payable on account of a recreational trails project shall not exceed 80 percent.

      (2) FEDERAL AGENCY PROJECT SPONSOR- Notwithstanding any other provision of law, a Federal agency sponsoring a project under this section may contribute Federal funds toward a project’s cost, if the share attributable to the Secretary of Transportation does not exceed 50 percent and the share attributable to the Secretary and the Federal agency jointly does not exceed 80 percent.

      (3) ALLOWABLE MATCH FROM FEDERAL GRANT PROGRAMS- Notwithstanding any other provision of law, the following Federal grant programs may be used to contribute Federal funds toward a project’s cost and may be accounted for as contributing to the non-Federal share:

        (A) The State and Local Fiscal Assistance Act of 1972 (Public Law 92-512).

        (B) Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.).

        (C) The Public Works Employment Act of 1976 (42 U.S.C. 6701 et seq.).

        (D) The Delaware and Lehigh Navigation Canal National Heritage Corridor Act of 1988 (16 U.S.C. 461 note; 102 Stat. 4552).

        (E) The Job Training Partnership Act (29 U.S.C. 1501 et seq.).

        (F) The National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.).

        (G) The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193).

      (4) PROGRAMMATIC NON-FEDERAL SHARE- A State may allow adjustments of the non-Federal share of individual projects if the total Federal share payable for all projects within the State under this program for a Federal fiscal year’s apportionment does not exceed 80 percent. A project funded under paragraph (2) or (3) may not be included in the calculation of the programmatic non-Federal share.

      (5) STATE ADMINISTRATIVE COSTS- The Federal share payable on account of the administrative costs of a State, incurred in administering this program and carrying out statewide trail planning, shall be determined in accordance with section 120(b) of title 23, United States Code.

SEC. 107. RULES FOR ANY LIMITATIONS ON OBLIGATIONS.

    (a) NONE ESTABLISHED- Nothing in this Act establishes a limitation on the total of all obligations for any fiscal year for Federal-aid highways and highway safety construction programs.

    (b) RULES FOR OBLIGATION AUTHORITY LIMITS- Chapter 1 of title 23, United States Code (as amended by section 102(a)), is amended by adding at the end the following:

‘Sec. 163. Rules for any limitations on obligations

    ‘(a) IN GENERAL- Any provision of a statute enacted before or after the date of enactment of this section that establishes a limitation on obligations for Federal-aid highways and highway safety construction programs for fiscal year 1998, or any fiscal year thereafter, shall be in accordance with this section (as in effect on the date of enactment of this section) or stated as an amendment to this section.

    ‘(b) PROHIBITION ON CERTAIN LIMITATIONS- Obligations under section 125, for Federal lands highway investments, and for recreational trails under part B of title I of the Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261 et seq.), shall not be subject to any limitation on obligation authority.

    ‘(c) DISTRIBUTION OF OBLIGATION LIMITATIONS-

      ‘(1) IN GENERAL- If, with respect to fiscal year 1998 or any fiscal year thereafter, a provision of a statute establishes a limitation on obligations for Federal-aid highways and highway safety construction programs, paragraphs (2) through (4) shall apply.

      ‘(2) DISTRIBUTION FORMULA- For a fiscal year, any limitation described in paragraph (1) shall be distributed among the States by allocation in the ratio that--

        ‘(A) the total of the amounts apportioned to each State under sections 104, 157, and 162 for the fiscal year; bears to

        ‘(B) the total of the amounts apportioned to all States under those sections for the fiscal year.

      ‘(3) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY-

        ‘(A) IN GENERAL- Notwithstanding any limitation described in paragraph (1), for each fiscal year, the Secretary--

          ‘(i) shall provide each State with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways and highway safety construction programs that have been apportioned or allocated to the State, except in those cases in which the State indicates its intention to lapse sums apportioned to the State;

          ‘(ii) after August 1 of the fiscal year--

            ‘(I) shall revise a distribution of the funds made available under the limitation described in paragraph (1) for the fiscal year if a State will not obligate the amount distributed during the fiscal year; and

            ‘(II) shall redistribute sufficient amounts to States able to obligate amounts in addition to the amounts previously distributed for the fiscal year, giving priority to those States that have unobligated balances of funds apportioned that are relatively large when compared to the amount of funds apportioned to those States under sections 104 and 157 for the fiscal year; and

          ‘(iii) shall not distribute amounts authorized for administrative expenses.

        ‘(B) STATE INFRASTRUCTURE BANKS- For the purposes of subparagraph (A)(ii), funds made available and placed in a State infrastructure bank approved by the Secretary but not obligated out of the bank shall be considered to be not obligated.

      ‘(4) ADDITIONAL OBLIGATION AUTHORITY-

        ‘(A) IN GENERAL- Subject to paragraph (3), a State that after August 1 and on or before September 30 of a fiscal year obligates the amount distributed to the State for the fiscal year under paragraph (2) may obligate for Federal-aid highways and highway safety construction programs on or before September 30 of the fiscal year an additional amount not to exceed 5 percent of the aggregate amount of funds apportioned or allocated to the State under sections 104 and 157 that are not obligated on the date on which the State completes obligation of the amount so distributed.

        ‘(B) LIMITATION ON ADDITIONAL OBLIGATION AUTHORITY- During the period August 2 through September 30 of each fiscal year, the aggregate amount that may be obligated by all States under subparagraph (A) shall not exceed 2.5 percent of the aggregate amount of funds apportioned or allocated to all States under sections 104 and 157 that would not be obligated in the fiscal year if the total amount of obligation authority provided for the fiscal year were used.

        ‘(C) LIMITATION ON APPLICABILITY- In the case of a fiscal year, subparagraph (A) shall not apply to any State that on or after August 1 of the fiscal year has the amount distributed to the State under a limitation for the fiscal year reduced under paragraph (3).

    ‘(d) MAINTENANCE OF OVERALL PROGRAM BALANCE- If a limitation on obligations is established for a fiscal year--

      ‘(1) the Secretary shall determine the percentage by which the limitation reduces the amount of

funds that otherwise would be available for obligation by each State; and

      ‘(2) notwithstanding sections 133, 144, and 149, for the fiscal year, the amounts that are required to be made available for use in the State under paragraphs (1) and (2) of section 133(d), the amounts that the State is required to reserve under section 144, and the amounts subject to section 149, shall be reduced by the percentage determined by the Secretary under paragraph (1).’.

    (c) CONFORMING AMENDMENT- The analysis for chapter 1 of title 23, United States Code (as amended by section 102(b)), is amended by adding at the end the following:

      ‘163. Rules for limitations on obligation authority.’.

TITLE II--PROGRAM STREAMLINING

SEC. 201. PLANNING-BASED EXPENDITURES ON ELEMENTS OF TRANSPORTATION INFRASTRUCTURE.

    (a) BRIDGE EXPENDITURES-

      (1) IN GENERAL- Section 144 of title 23, United States Code, is amended--

        (A) by striking subsections (a) and (b) and inserting the following:

    ‘(a) CERTIFICATION BY THE STATE- Not later than 180 days after the end of each fiscal year beginning with fiscal year 1998, each State shall certify to the Secretary, either that--

      ‘(1) the State has reserved, from funds apportioned to the State for the preceding fiscal year, to carry out bridge projects eligible under section 133(b), an amount that is not less than the amount apportioned to the State under this section for fiscal year 1997; or

      ‘(2) the amount that the State will reserve, from funds apportioned to the State for the period consisting of fiscal years 1998 through 2003, to carry out bridge projects eligible under section 133(b), will be not less than 6 times the amount apportioned to the State under this section for fiscal year 1997.

    ‘(b) SET-ASIDES-

      ‘(1) DISCRETIONARY BRIDGE PROGRAM-

        ‘(A) IN GENERAL- On October 1 of each fiscal year beginning with fiscal year 1998, before making any apportionment under paragraph (1) or (3) of section 104(b), the Secretary shall set aside--

          ‘(i) $36,300,000 from the amount available for apportionments under section 104(b)(1); and

          ‘(ii) $24,200,000 from the amount available for apportionments under section 104(b)(3).

        ‘(B) USE OF SET ASIDE- The amounts set aside under subparagraph (A) shall be available for obligation in the same manner and to the same extent as sums apportioned under section 104(b)(3), except that the amounts shall be obligated at the discretion of the Secretary, in accordance with procedures to be established by the Secretary, for bridge projects eligible under section 133(b).’;

        (B) by striking subsections (c) through (f) and (h) through (p);

        (C) by redesignating paragraphs (3) and (4) of subsection (g) as paragraphs (2) and (3), respectively, of subsection (b);

        (D) by striking subsection (g);

        (E) in subsection (q), by striking ‘(q) As used in’ and inserting ‘(c) DEFINITION OF REHABILITATE- In’; and

        (F) in subsection (b) (as amended by subparagraph (C))--

          (i) in paragraph (2), by striking ‘apportioned to each State in each of fiscal years 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995, 1996, and 1997,’ and inserting ‘reserved by each State under subsection (a) for each of fiscal years 1998 through 2003’; and

          (ii) in paragraph (3)--

            (I) in the first sentence, by striking ‘apportioned to’ and inserting ‘reserved under subsection (a) by’; and

            (II) in the second sentence, by striking ‘a State bridge apportionment and before transferring funds to the States,’ and inserting ‘the amount to be reserved under subsection (a) for a fiscal year by a State described in the preceding sentence,’.

      (2) CONFORMING AMENDMENTS-

        (A) Section 104(g) of title 23, United States Code, is amended--

          (i) in the first sentence--

            (I) by striking ‘apportioned’ and inserting ‘reserved’;

            (II) by striking ‘to each State in accordance with’ and inserting ‘by each State for the purposes of’; and

            (III) by striking ‘apportionment’ each place it appears and inserting ‘amount reserved’;

          (ii) in the second sentence, by striking ‘apportionment’ each place it appears and inserting ‘amount reserved’; and

          (iii) in the third sentence, by striking ‘State’s apportionment’ and inserting ‘amount reserved by the State’.

        (B) Section 115(c) of title 23, United States Code, is amended by striking ‘144,,’.

        (C) Section 120(e) of title 23, United States Code, is amended in the last sentence by striking ‘and in section 144 of this title’.

        (D) Section 140(b) of title 23, United States Code, is amended in the last sentence by striking ‘and the bridge program under section 144’.

        (E) Section 151(d) of title 23, United States Code, is amended by striking ‘section 104(a), section 307(a), and section 144 of this title’ and inserting ‘sections 104(a) and 307(a)’.

        (F) Section 307(c)(1) of title 23, United States Code, is amended by striking ‘sections 104 and 144 of this title’ and inserting ‘section 104’.

    (b) SAFETY PROGRAMS-

      (1) SURFACE TRANSPORTATION PROGRAM- Section 133(d) of title 23, United States Code, is amended by striking paragraph (1) and inserting the following:

      ‘(1) SAFETY PROGRAMS-

        ‘(A) REQUIRED SET-ASIDE- With respect to funds apportioned for each of fiscal years 1998 through 2003--

          ‘(i) an amount equal to 2.5 percent of the amount apportioned to a State under section 104(b)(3) for fiscal year 1997 shall be available only to carry out activities eligible under section 130;

          ‘(ii) an amount equal to the amount described in clause (i) shall be available only to carry out activities eligible under section 152; and

          ‘(iii) an amount equal to 5 percent of the amount apportioned to a State under section 104(b)(3) for fiscal year 1997 shall be available only to carry out activities eligible under section 130 or 152.

        ‘(B) WAIVER- For a fiscal year, the Secretary shall waive the set-aside required under clause (i) or (ii) of subparagraph (A), and permit the amount of the set-aside to be used in accordance with subparagraph (A)(iii), upon receipt of a certification by the State that the amount that will be made available for the purpose of the waived set-aside for that fiscal year, when combined with the amount made available for that purpose for the preceding fiscal year, or the amount to be made available for that purpose for the following fiscal year, will average, per fiscal year, not less than 2.5 percent of the amount apportioned to the State under section 104(b)(3) for fiscal year 1997.’.

      (2) PROGRAM IMPROVEMENTS- Title 23, United States Code, is amended--

        (A) in section 130--

          (i) in subsection (e), by striking the first sentence and inserting the following:

‘Funds authorized for or expended under this section may be used for the installation of protective devices at railway-highway crossings.’; and

          (ii) in subsection (f), by striking ‘APPORTIONMENT’ and all that follows through the first sentence and inserting ‘FEDERAL SHARE- ’; and

        (B) in section 152--

          (i) in subsection (c), by striking ‘(other than a highway on the Interstate System)’; and

          (ii) in subsection (e), by striking the first sentence.

    (c) TRANSPORTATION ENHANCEMENT ACTIVITIES- Section 133(d) of title 23, United States Code, is amended by striking paragraph (2) and inserting the following:

      ‘(2) TRANSPORTATION ENHANCEMENT ACTIVITIES- With respect to funds apportioned for each of fiscal years 1998 through 2003, an amount equal to 5 percent of the amount apportioned to a State under section 104(b)(3) shall be available only to carry out transportation enhancement activities.’.

    (d) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT ACTIVITIES-

      (1) IN GENERAL- Section 149 of title 23, United States Code, is amended--

        (A) in the section heading, by striking ‘program’ and inserting ‘activities’;

        (B) by striking subsection (a) and inserting the following:

    ‘(a) USE OF FUNDS- Funds apportioned to a State under section 104(b)(3)(D) may be used only in accordance with this section.’;

        (C) in subsection (b), by striking ‘Except’ and all that follows through ‘program only’ and inserting ‘Funds described in subsection (a) may be used only’; and

        (D) in subsection (c), by striking ‘section 104(b)(2)’ and inserting ‘section 104(b)(3)(D)’.

      (2) CONFORMING AMENDMENTS-

        (A) The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 149 and inserting the following:

      ‘149. Congestion mitigation and air quality improvement activities.’.

        (B) Section 115(a) of title 23, United States Code, is amended--

          (i) in the subsection heading, by striking ‘CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT,’; and

          (ii) in paragraph (1)(A)(i), by striking ‘104(b)(2),’.

        (C) Section 146(a) of title 23, United States Code, is amended in the first sentence by striking ‘104(b)(2),’ and inserting ‘104(b)(3)(D),’.

        (D) Section 217 of title 23, United States Code, is amended--

          (i) in subsection (a)--

            (I) in the subsection heading, by striking ‘STP AND CONGESTION MITIGATION PROGRAM’ and inserting ‘SURFACE TRANSPORTATION PROGRAM’; and

            (II) by striking ‘sections 104(b)(2) and 104(b)(3) of this title’ and inserting ‘section 104(b)(3)’; and

          (ii) in subsection (d), by striking ‘sections 104(b)(2) and 104(b)(3) of this title’ and inserting ‘section 104(b)(3)’.

SEC. 202. NATIONAL HIGHWAY SYSTEM.

    (a) DEFINITION OF NATIONAL HIGHWAY SYSTEM- Section 101(a) of title 23, United States Code, is amended by striking the undesignated paragraph defining ‘National Highway System’ and inserting the following:

    ‘The term ‘National Highway System’ means the Federal-aid highway system established under section 103(b).’.

    (b) PROGRAM SPECIFICATIONS- Section 103 of title 23, United States Code, is amended--

      (1) by striking the section designation and heading and inserting the following:

‘Sec. 103. National Highway System’

      (2) by striking subsections (g) and (h); and

      (3) by redesignating subsection (i) as subsection (c) and moving the subsection to appear after subsection (b).

    (c) CONFORMING AMENDMENT- The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 103 and inserting the following:

      ‘103. National Highway System.’.

SEC. 203. INTERSTATE MAINTENANCE ACTIVITIES.

    (a) FUNDING OF ACTIVITIES- Section 119 of title 23, United States Code, is amended--

      (1) in the section heading, by striking ‘program’ and inserting ‘activities’;

      (2) in subsection (a)--

        (A) in the first sentence--

          (i) by striking ‘sections 103 and 139(c) of this title and routes on the Interstate System designated before the date of enactment of this sentence under section 139(a) and (b) of’; and

          (ii) by striking ‘subsection (e)’ and inserting ‘subsection (d)’; and

        (B) by striking the second sentence;

      (3) by striking subsections (d), (f), and (g); and

      (4) by redesignating subsection (e) as subsection (d).

    (b) CONFORMING AMENDMENTS-

      (1) The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 119 and inserting the following:

      ‘119. Interstate maintenance activities.’

      (2) Sections 134(i)(4) and 135(f)(3) of title 23, United States Code, are amended--

        (A) by striking ‘and pursuant to the bridge and Interstate maintenance programs’ each place it appears and inserting ‘, pursuant to the bridge program under section 144, and as Interstate maintenance activities under section 119’; and

        (B) by striking ‘or pursuant to the bridge and Interstate maintenance programs’ each place it appears and inserting ‘, pursuant to the bridge program under section 144, or as Interstate maintenance activities under section 119’.

SEC. 204. SURFACE TRANSPORTATION PROGRAM AMENDMENTS.

    Section 133 of title 23, United States Code, is amended--

      (1) in subsection (b), by adding at the end the following:

      ‘(12) With respect to each area of a State that is a nonattainment area under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone or carbon monoxide, or for PM-10 resulting from transportation activities, or for any combination of these substances, also for any congestion mitigation and air quality improvement project or program without regard to any limitation of the Department of Transportation relating to the type of ambient air quality standard addressed by the project or program. For the purpose of this paragraph, an area that has been designated as nonattainment for carbon monoxide under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) shall be considered to be a nonattainment area regardless of whether the area has been ‘classified’ under subpart 3 of part D of title I of that Act (42 U.S.C. 7512 et seq.).

      ‘(13) Placement of funds in a State infrastructure bank approved by the Secretary.’;

      (2) in subsection (c), by striking ‘unless such roads are on a Federal-aid highway system on January 1, 1991, and’;

      (3) in subsection (d)(3)--

        (A) by striking subparagraph (A) and inserting the following:

        ‘(A) GENERAL RULE-

          ‘(i) URBAN AREAS- Except as provided in subparagraph (C), for each fiscal year, a State shall allocate for use in each area of the State with an urbanized area population of over 200,000 individuals an amount of the funds apportioned under section 104(b)(3) for the fiscal year obtained by multiplying--

            ‘(I)(aa) if funds were allocated for use in the area under the surface transportation program for fiscal year 1997, the amount of such funds required to be allocated for use in the area for that year; or

            ‘(bb) if funds were not allocated for use in the area under the surface transportation program for fiscal year 1997, the amount of such funds that would have been required to be allocated for use in the area for fiscal year 1997 if the area had had an urbanized area population of 200,001 individuals as of October 1, 1996; by

            ‘(II) the amount obtained by dividing--

‘(aa) all funds apportioned or allocated to the State for Federal-aid highways and highway safety construction programs for the fiscal year; by

‘(bb) all funds apportioned or allocated to the State for Federal-aid highways and highway safety construction programs for fiscal year 1997.

          ‘(ii) OTHER AREAS- Except as provided in subparagraph (C), for each fiscal year, a State shall allocate for use in each area of the State that is not an area described in clause (i) an amount of the funds apportioned under section 104(b)(3) for the fiscal year obtained by multiplying--

            ‘(I) the amount of funds required to be allocated for use in the area under the surface transportation program for fiscal year 1997; by

            ‘(II) the amount obtained by dividing--

‘(aa) all funds apportioned or allocated to the State for Federal-aid highways and highway safety construction programs for the fiscal year; by

‘(bb) all funds apportioned or allocated to the State for Federal-aid highways and highway safety construction programs for fiscal year 1997.’;

        (B) in subparagraph (B), by striking ‘subparagraph (A)(ii)’ and inserting ‘this section’;

        (C) by striking subparagraph (C) and inserting the following:

        ‘(C) SPECIAL RULE FOR CERTAIN STATES- Subparagraph (A) shall not apply in the case of a State that is noncontiguous with the continental United States.’;

        (D) by striking subparagraph (D);

        (E) by redesignating subparagraph (E) as subparagraph (D); and

        (F) in subparagraph (D) (as so redesignated)--

          (i) by striking ‘obligate’ each place it appears and inserting ‘allocate’;

          (ii) by striking ‘(A)(i)’ each place it appears and inserting ‘(A)’; and

          (iii) by striking ‘obligated’ and inserting ‘allocated’;

      (4) in subsection (e), by striking paragraph (2) and inserting the following:

      ‘(2) CERTIFICATION- Before the beginning of each fiscal year, the Governor of each State shall certify to the Secretary that the State will meet all the requirements of this section and shall notify the Secretary that the amount of obligations expected to be incurred for surface transportation program projects during the fiscal year is in accordance with the surveys, plans, specifications, and estimates for each proposed project included in the surface transportation program category in the transportation improvement program of the State developed under section 135 for the fiscal year. A State may request an adjustment to an obligation amount referred to in subparagraph (A)(ii) later in the fiscal year. Acceptance by the Secretary of the notification and certification shall be deemed to be a contractual obligation of the United States to pay the Federal share of costs incurred by the State for projects not subject to review by the Secretary under this chapter.’; and

      (5) in subsection (f)--

        (A) by striking ‘6-fiscal year period 1992 through 1997’ and inserting ‘6-fiscal-year period 1998 through 2003’; and

        (B) by striking ‘obligate in’ each place it appears and inserting ‘allocate to’.

SEC. 205. CONFORMING AMENDMENTS TO DISCRETIONARY PROGRAMS.

    (a) OPERATION LIFESAVER- Section 104 of title 23, United States Code, is amended by striking subsection (d) and inserting the following:

    ‘(d) OPERATION LIFESAVER- From administrative funds deducted under subsection (a), the Secretary shall expend $500,000 for each fiscal year to carry out a public information and education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities and to improve driver performance at railway-highway crossings.’.

    (b) REPEAL OF SET-ASIDES FOR THE INTERSTATE AND NATIONAL HIGHWAY SYSTEM DISCRETIONARY PROGRAMS- Section 118 of title 23, United States Code, is amended--

      (1) by striking subsection (c); and

      (2) by redesignating subsections (d), (e), and (f) as subsections (c), (d), and (e), respectively.

SEC. 206. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM.

    (a) IN GENERAL- Chapter 2 of title 23, United States Code, is amended by inserting after section 205 the following:

‘SEC. 206. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM.

    ‘(a) FINDINGS AND PURPOSE-

      ‘(1) FINDINGS- Congress finds that public roads owned by States--

        ‘(A) can provide valuable assistance to the Federal Government in ensuring adequate and safe transportation to, in, and across federally owned land and Indian reservations; and

        ‘(B) supplement the efforts of the Federal Government in developing and maintaining roads to serve federally owned land and Indian reservations.

      ‘(2) PURPOSE- The purpose of this section is to further the Federal interest in State-owned or State-maintained roads that provide transportation to, in, or across federally owned land or Indian reservations by establishing the Cooperative Federal Lands Transportation Program.

    ‘(b) PROGRAM- There is established the Cooperative Federal Lands Transportation Program (referred to in this section as the ‘program’). Funds available for the program may be used for projects, or portions of projects, on State-owned or State-maintained highways that cross, are adjacent to, or lead to federally owned land or Indian reservations, as determined by the State. Such projects shall be proposed by a State and selected by the Secretary. A project proposed by a State under this section shall be on a highway owned or maintained by the State and may be a highway construction or maintenance project eligible under this title or any project of a type described in section 204(h).

    ‘(c) DISTRIBUTION OF FUNDS FOR PROJECTS-

      ‘(1) IN GENERAL-

        ‘(A) IN GENERAL- The Secretary--

          ‘(i) after consultation with the Administrator of General Services, the Secretary of the Interior, and other agencies as appropriate, shall determine the percentage of the total land in each State that is owned by the Federal Government or that is held by the Federal Government in trust;

          ‘(ii) shall determine the sum of the percentages determined under clause (i) for States with respect to which the percentage is 4.5 or greater; and

          ‘(iii) shall determine for each State included in the determination under clause (ii) the percentage obtained by dividing--

            ‘(I) the percentage for the State determined under clause (i); by

            ‘(II) the sum determined under clause (ii).

        ‘(B) ADJUSTMENT- The Secretary shall--

          ‘(i) reduce any percentage determined under subparagraph (A)(iii) that is greater than 7.5 percent to 7.5 percent; and

          ‘(ii) redistribute the percentage points equal to any reduction under clause (i) among other States included in the determination under subparagraph (A)(ii) in proportion to the percentages for those States determined under subparagraph (A)(iii).

      ‘(2) AVAILABILITY TO STATES- Except as provided in paragraph (3), for each fiscal year, the Secretary shall make funds available to carry out eligible projects in a State in an amount equal to the amount obtained by multiplying--

        ‘(A) the percentage for the State, if any, determined under paragraph (1); by

        ‘(B) the funds made available for the program for the fiscal year.

      ‘(3) SELECTION OF PROJECTS- The Secretary may establish deadlines for States to submit proposed projects for funding under this section, except that in the case of fiscal year 1998 the deadline may not be earlier than January 1, 1998. For each fiscal year, if a State does not have pending, by that deadline, applications for projects with an estimated cost equal to at least 3 times the amount for the State determined under paragraph (2), the Secretary may distribute, to 1 or more other States, at the Secretary’s discretion, 1/3 of the amount by which the estimated cost of the State’s applications is less than 3 times the amount for the State determined under paragraph (2).

    ‘(d) TRANSFERS-

      ‘(1) IN GENERAL- Notwithstanding any other provision of law, a State and the Secretary may agree to transfer amounts made available to a State under this section for use in carrying out projects on any Federal lands highway that is located in the State.

      ‘(2) SPECIAL RULE- This paragraph applies to a State that contains a national park that was visited by more than 2,500,000 people in 1996 and comprises more than 3,000 square miles of land area, including surface water, that is located in the State. For such a State, 50 percent of the amount that would otherwise be made available to the State for each fiscal year under the program shall be made available only for eligible highway uses in the national park and within the borders of the State. For the purpose of making allocations under section 202(c), the Secretary may not take into account the past or future availability, for use on park roads and parkways in a national park, of funds made available for use in a national park by this paragraph.’.

    (b) DEFINITION OF FEDERAL LANDS HIGHWAY INVESTMENT- Section 101(a) of title 23, United States Code, is amended--

      (1) by adding at the end the following:

    ‘The term ‘Federal lands highway investment’ means funds authorized for the Federal lands highways program or the Cooperative Federal Lands Transportation Program under chapter 2.’; and

      (2) by reordering the undesignated paragraphs so that they are in alphabetical order.

    (c) CONFORMING AMENDMENT- The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 205 the following:

      ‘206. Cooperative Federal Lands Transportation Program.’.

TITLE III--REDUCTION OF REGULATION

SEC. 301. PERIODIC REVIEW OF AGENCY RULES

    (a) IN GENERAL- The Secretary of Transportation shall carry out a periodic review of all significant rules issued by the Department of Transportation and shall determine which of the rules should be amended, rescinded, or continued without change, based on a consideration of--

      (1) the continued need for each rule; and

      (2) the extent to which the rule overlaps, duplicates, or conflicts with other Federal rules.

    (b) PLAN- Not later than 60 days after the date of enactment of this Act, the Secretary shall develop and publish in the Federal Register a plan for the periodic review of all significant rules issued by the Department of Transportation.

SEC. 302. PLANNING AND PROGRAMMING.

    Section 135 of title 23, United States Code, is amended by adding at the end the following:

    ‘(i) CONTINUATION OF CURRENT REVIEW PRACTICE- Since plans and programs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in the plans and programs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and programs described in this section have not been reviewed under that Act as of January 1, 1997, any decision by the Secretary concerning a plan or program described in this section shall not be considered to be a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).’.

SEC. 303. METRIC CONVERSION AT STATE OPTION.

    Section 205(c)(2) of the National Highway System Designation Act of 1995 (23 U.S.C. 109 note; 109 Stat. 577) is amended by striking ‘Before September 30, 2000, the’ and inserting ‘The’.

TITLE IV--EFFECTIVE DATE; TRANSITION RULES

SEC. 401. EFFECTIVE DATE; TRANSITION RULES.

    (a) IN GENERAL- Except as otherwise provided in this Act, this Act and the amendments made by this Act take effect on the date of enactment of this Act.

    (b) FUNDS- Except as otherwise provided in this Act, this Act and the amendments made by this Act shall apply only to funds authorized to be appropriated or made available after September 30, 1997.

    (c) UNOBLIGATED BALANCES- Section 118 of title 23, United States Code (as amended by section 205(b)), is amended by adding at the end the following:

    ‘(f) UNOBLIGATED BALANCES AS OF OCTOBER 1, 1997-

      ‘(1) IN GENERAL- Except as otherwise provided by law, unobligated balances of funds apportioned or allocated to a State before October 1, 1997, under this title, the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240), or other law concerning Federal-aid highways, shall be available for obligation in the State under the law (including regulations, policies, and procedures) relating to the obligation and expenditure of the funds in effect on September 30, 1997.

      ‘(2) TRANSFERABILITY-

        ‘(A) INTERSTATE CONSTRUCTION AND INTERSTATE MAINTENANCE PROGRAMS- A State may transfer unobligated balances of funds apportioned to the State before October 1, 1997, for the Interstate construction program under section 104(b)(5)(A) (as in effect on the day before the date of enactment of this subsection) or the Interstate maintenance program under section 104(b)(5)(B) (as in effect on the day before the date of enactment of this subsection), to the apportionment of the State under section 104(b)(1).

        ‘(B) BRIDGE REPLACEMENT AND REHABILITATION PROGRAM- A State may transfer unobligated balances of funds apportioned to the State before October 1, 1997, for the bridge replacement and rehabilitation program under section 144 (as in effect on the day before the date of enactment of this subsection) to the apportionment of the State under paragraph (1) or (3) of section 104(b) (or both).

        ‘(C) SURFACE TRANSPORTATION PROGRAM- A State may transfer unobligated balances of funds apportioned to the State before October 1, 1997, for the surface transportation program under section 104(b)(3) (as in effect on the day before the date of enactment of this subsection) to the apportionment of the State under section 104(b)(3).

        ‘(D) OTHER PROGRAMS- A State may transfer unobligated balances of funds apportioned or allocated to the State before October 1, 1997, under sections 157 and 160 (as in effect on the day before the date of enactment of this subsection), and sections 1013(c) and 1015(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240) (as in effect on the day before the date of enactment of this subsection), to the apportionment of the State under section 104(b)(3).

        ‘(E) APPLICABILITY OF CERTAIN LAWS- Funds transferred under this paragraph shall be subject to the laws (including regulations, policies, and procedures) relating to the apportionment to which the funds are transferred as the laws are in effect after the date of enactment of this subsection, except that a transfer of funds permitted under this paragraph shall not extend the time period within which the transferred funds either must be obligated or lapse.

        ‘(F) EFFECT ON CERTAIN DETERMINATIONS- A decision by a State to transfer funds under this paragraph shall have no effect on any determination of the apportionments or obligation authority of the State.’.