H.R. 674 (105th): ISTEA Integrity Restoration Act

105th Congress, 1997–1998. Text as of Feb 11, 1997 (Introduced).

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HR 674 IH

105th CONGRESS

1st Session

H. R. 674

To authorize funds for construction of highways, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

February 11, 1997

Mr. DELAY (for himself, Mr. CONDIT, Mr. GINGRICH, Mr. HOSTETTLER, Ms. BROWN of Florida, Mr. BUYER, Mr. COBLE, Mr. WOLF, Mr. DICKEY, Mr. NORWOOD, Mr. BURTON of Indiana, Mr. HAMILTON, Mr. THORNBERRY, Mr. TANNER, Mr. GOODE, Mr. MCCOLLUM, Mr. BATEMAN, Mrs. CARSON, Mr. MCINTYRE, Mr. MCINTOSH, Mr. SENSENBRENNER, Mr. ORTIZ, Mr. BONILLA, Mr. SALMON, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. STEARNS, Mr. GOODLATTE, Mrs. FOWLER, Mr. SOUDER, Mr. PARKER, Mr. SAM JOHNSON of Texas, Mr. LEWIS of Kentucky, Mr. DUNCAN, Mr. BRYANT, Mr. DEAL of Georgia, Mrs. MEEK of Florida, Mr. STENHOLM, Mr. SANDLIN, Mr. CANADY of Florida, Mr. BURR of North Carolina, Mr. FROST, Mr. ROEMER, Mr. EDWARDS, Mrs. NORTHUP, Mr. TAYLOR of North Carolina, Mr. ARCHER, Mr. PICKETT, Mr. BENTSEN, Mr. SESSIONS, Mr. COMBEST, Mr. PEASE, Mr. TURNER, Mr. HASTINGS of Florida, Mr. HINOJOSA, Mr. HEFNER, Mr. SISISKY, Mr. CRAMER, Mr. GOSS, Mr. SCOTT, Mr. CALLAHAN, Mr. BALLENGER, Mr. EVERETT, Mr. BARTON of Texas, Mr. SMITH of Texas, Mr. MICA, Mr. JONES, Mr. BRADY, Mr. LUCAS of Oklahoma, Mr. WHITFIELD, Mr. JOHN, Mr. BAESLER, Mr. HALL of Texas, Mr. ETHERIDGE, Mr. PRICE of North Carolina, Ms. JACKSON-LEE of Texas, Mrs. MYRICK, Mr. WATTS of Oklahoma, and Mr. HULSHOF) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure


A BILL

To authorize funds for construction of highways, 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 Integrity Restoration Act’.

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

      Sec. 1. Short title; table of contents.

      Sec. 2. Declaration of policy.

      Sec. 3. Authorization of appropriations.

      Sec. 4. National Highway System.

      Sec. 5. Eligibility of Interstate maintenance activities.

      Sec. 6. Streamlined surface transportation program.

      Sec. 7. Population determinations.

      Sec. 8. Highway bridge replacement and rehabilitation activities.

      Sec. 9. Congestion mitigation and air quality improvement activities.

      Sec. 10. Apportionment adjustment program.

      Sec. 11. Repeal of set-asides for discretionary programs.

      Sec. 12. Technical correction to program administration set-aside.

      Sec. 13. Effective date; applicability; certain unobligated balances.

SEC. 2. DECLARATION OF 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 the following:

      ‘(1) The National Highway System is the foundation for the Nation’s unified, connected transportation system. National policy for the National Highway System should be broadly focused, considering all vital economic and mobility resources.

      ‘(2) The national policy will direct our common resources toward preservation and management of our present transportation infrastructure. National surface transportation policy should be directed toward maintaining a safe, mobile, and economically competitive transportation system for, and ensuring the national security of, the United States.

      ‘(3) While the National Highway System links the United States to provide enhanced economic and social mobility, the surface transportation needs of each State and region differ greatly. The surface transportation program should focus on the fundamental needs of the Nation’s transportation network, while refraining from prescribing the form of that network for all parts of the country.

      ‘(4) The national surface transportation policy must provide sufficient flexibility for States and localities to respond to diverse local needs.

      ‘(5) National funding for surface transportation should be based on current, reasonable, and appropriate revenue distribution formulas. Appropriate and adequate funding will enhance the ability of all States to meet common goals in safety, mobility, and economic development.’.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    (a) IN GENERAL- For the purpose of carrying out title 23, United States Code, the following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

      (1) NATIONAL HIGHWAY SYSTEM- For the National Highway System under section 103 of title 23, United States Code, $8,638,000,000 for fiscal year 1998, $8,782,000,000 for fiscal year 1999, $8,966,000,000 for fiscal year 2000, $9,147,000,000 for fiscal year 2001, and $9,345,000,000 for fiscal year 2002.

      (2) SURFACE TRANSPORTATION PROGRAM- For the surface transportation program under section 133 of that title $12,958,000,000 for fiscal year 1998, $13,173,000,000 for fiscal year 1999, $13,449,000,000 for fiscal year 2000, $13,720,000,000 for fiscal year 2001, and $14,018,000,000 for fiscal year 2002.

      (3) FEDERAL LANDS HIGHWAYS PROGRAM-

        (A) INDIAN RESERVATION ROADS- For Indian reservation roads under section 204 of that title $196,000,000 for fiscal year 1998, $201,000,000 for fiscal year 1999, $207,000,000 for fiscal year 2000, $212,000,000 for fiscal year 2001, and $218,000,000 for fiscal year 2002.

        (B) PUBLIC LANDS HIGHWAYS- For public lands highways under section 204 of that title $176,000,000 for fiscal year 1998, $181,000,000 for fiscal year 1999, $186,000,000 for fiscal year 2000, $191,000,000 for fiscal year 2001, and $196,000,000 for fiscal year 2002.

        (C) PARKWAYS AND PARK ROADS- For parkways and park roads under section 204 of that title $86,000,000 for fiscal year 1998, $88,000,000 for fiscal year 1999, $91,000,000 for fiscal year 2000, $93,000,000 for fiscal year 2001, and $96,000,000 for fiscal year 2002.

    (b) OBLIGATION LIMITATIONS-

      (1) IN GENERAL- Except as provided in paragraph (2), 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 to all such apportionments and allocations, unless the provision of law establishing the limitation specifically amends or limits the applicability of this paragraph.

      (2) EMERGENCY RELIEF- Any limitation on obligations described in paragraph (1) shall not apply to any allocation made under section 125 of title 23, United States Code.

SEC. 4. NATIONAL HIGHWAY SYSTEM.

    (a) DEFINITIONS- Section 101(a) of title 23, United States Code, is amended--

      (1) by adding at the end the following:

    ‘The term ‘highway funds’ means, with respect to a fiscal year, the funds apportioned and allocations authorized by the ISTEA Integrity Restoration Act and this title to a State for the fiscal year, and the funds administratively allocated to a State for the preceding fiscal year (if any), for Federal-aid highways and highway safety construction (other than funds made available for emergency relief under section 125 and for the Federal lands highways program under section 204).’; and

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

    (b) APPORTIONMENTS- Section 104(b) of title 23, United States Code, is amended by striking paragraph (1) and inserting the following:

      ‘(1) NATIONAL HIGHWAY SYSTEM- For the National Highway System, 0.4 percent to the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands and the remaining 99.6 percent apportioned as follows:

        ‘(A) In the case of a State with an average population density of 20 persons or fewer per square mile, and in the case of a State with a population of 1,500,000 persons or fewer and with a land area of 10,000 square miles or less, the greater of--

          ‘(i) a percentage share of apportionments equal to the percentage specified for the State in section 157(d); or

          ‘(ii) a share determined under subparagraph (B).

        ‘(B) Subject to subparagraph (A), in the case of any State for which the apportionment is not determined under subparagraph (A)(i), a share of the remaining apportionments determined in accordance with the following formula:

          ‘(i) 1/9 of the remaining apportionments in the ratio that--

            ‘(I) the total rural lane miles in each State, as certified by the Secretary; bears to

            ‘(II) the total rural lane miles in all States for which the apportionment is not determined under subparagraph (A)(i).

          ‘(ii) 1/9 of the remaining apportionments in the ratio that--

            ‘(I) the total rural vehicle miles traveled in each State, as certified by the Secretary; bears to

            ‘(II) the total rural vehicle miles traveled in all States for which the apportionment is not determined under subparagraph (A)(i).

          ‘(iii) 2/9 of the remaining apportionments in the ratio that--

            ‘(I) the total urban lane miles in each State, as certified by the Secretary; bears to

            ‘(II) the total urban lane miles in all States for which the apportionment is not determined under subparagraph (A)(i).

          ‘(iv) 2/9 of the remaining apportionments in the ratio that--

            ‘(I) the total urban vehicle miles traveled in each State, as certified by the Secretary; bears to

            ‘(II) the total urban vehicle miles traveled in all States for which the apportionment is not determined under subparagraph (A)(i).

          ‘(v) 3/9 of the remaining apportionments in the ratio that--

            ‘(I) the total diesel fuel used on highways in each State, as certified by the Secretary; bears to

            ‘(II) the total diesel fuel used on highways in all States for which the apportionment is not determined under subparagraph (A)(i).’.

    (c) BRIDGES AS ELIGIBLE PROJECTS- Section 103(i) of title 23, United States Code, is amended by adding at the end the following:

      ‘(14) Construction, reconstruction, resurfacing, restoration, and rehabilitation of bridges on segments of the National Highway System.’.

SEC. 5. ELIGIBILITY OF INTERSTATE MAINTENANCE ACTIVITIES.

    (a) ELIMINATION OF APPORTIONMENTS- Section 104(b) of title 23, United States Code, is amended by striking paragraph (5).

    (b) 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 and inserting the following: ‘Projects approved under the preceding sentence shall be carried out using funds apportioned in accordance with paragraphs (1) and (3) of section 104(b).’;

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

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

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

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

        (A) in the first sentence of subsection (a), by striking ‘the National Highway System, and the Interstate System’ and inserting ‘and the National Highway System’;

        (B) in the matter preceding paragraph (1) of subsection (b)--

          (i) by striking ‘except as provided in paragraph (5)(A) of this subsection’; and

          (ii) by striking ‘the National Highway System, and the Interstate System’ and inserting ‘and the National Highway System’; and

        (C) in subsection (e)--

          (i) in the first sentence, by striking ‘(other than under subsection (b)(5) of this section)’;

          (ii) in the second sentence, by striking ‘the sums which he has apportioned under subsection (b)(5) of this section to each State for such fiscal year, and also’ and

          (iii) in the last sentence, by striking ‘, except that in the case of the Interstate System the Secretary shall advise each State ninety days prior to the apportionment of such funds’.

      (3) Section 115(b)(1) of title 23, United States Code, is amended by striking ‘or 104(b)(5), as the case may be,’.

      (4) 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)(3)’.

      (5) 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)’.

      (6) Section 141(c) of title 23, United States Code, is amended by inserting ‘(as in effect on the day before the date of enactment of the ISTEA Integrity Restoration Act)’ after ‘section 104(b)(5) of this title’ each place it appears.

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

      (8) Section 158 of title 23, United States Code, is amended--

        (A) in subsection (a), by inserting ‘(as in effect on the day before the date of enactment of the ISTEA Integrity Restoration Act)’ after ‘104(b)(5)’ each place it appears; and

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

    ‘(b) EFFECT OF WITHHOLDING OF FUNDS- No funds withheld under this section from apportionment to any State after September 30, 1988, shall be available for apportionment to that State.’.

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

        (A) by striking ‘(5) of’ each place it appears and inserting ‘(5) (as in effect on the day before the date of enactment of the ISTEA Integrity Restoration Act) of’; and

        (B) in subsection (b)--

          (i) 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 ISTEA Integrity Restoration 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 ISTEA Integrity Restoration Act)’;

          (ii) 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 ISTEA Integrity Restoration 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 ISTEA Integrity Restoration 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 ISTEA Integrity Restoration Act)’; and

          (iii) 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 ISTEA Integrity Restoration Act)’.

      (10) 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)’.

      (11) 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).

      (12) Section 31314 of title 49, United States Code, is amended--

        (A) in subsections (a) and (b), by striking ‘(5),’ each place it appears and inserting ‘(5) (as in effect on the day before the date of enactment of the ISTEA Integrity Restoration Act),’;

        (B) in subsection (c)(1)(A), by inserting ‘(as in effect on the day before the date of enactment of the ISTEA Integrity Restoration Act)’ after ‘section 104(b)(5)(B) of title 23’; and

        (C) in each of subsections (d)(2) and (e), by inserting ‘(as in effect on the day before the date of enactment of the ISTEA Integrity Restoration Act)’ after ‘section 104(b)(5) of title 23’.

SEC. 6. STREAMLINED SURFACE TRANSPORTATION PROGRAM.

    (a) IN GENERAL- Section 133 of title 23, United States Code, is amended--

      (1) in subsection (b)--

        (A) in paragraph (1), by striking ‘bridges (including bridges on public roads of all functional classifications),’ and inserting ‘bridges on the Federal-aid system and bridges off the Federal-aid system,’; and

        (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 particulate matter with an aerodynamic diameter smaller than or equal to 10 micrometers (known as ‘PM-10’) resulting from transportation activities, or for any combination of these substances, 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.’;

      (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)--

        (A) by striking paragraphs (1) and (2);

        (B) by redesignating paragraphs (3) through (5) as paragraphs (1) through (3), respectively;

        (C) in paragraph (1) (as so redesignated)--

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

        ‘(A) GENERAL RULE- 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 persons an amount of the funds available for obligation under section 104(b)(3) for the fiscal year determined by multiplying--

          ‘(i) the amount of funds required to be allocated for use in the areas under the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240) for fiscal year 1997; by

          ‘(ii) the amount determined by dividing--

            ‘(I) the highway funds of the State for the fiscal year; by

            ‘(II) the highway funds of the State for fiscal year 1997.’;

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

          (iii) 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--

          ‘(i) in which greater than 80 percent of the population of the State is located in 1 or more metropolitan statistical areas and greater than 80 percent of the land area of the State is owned by the United States; or

          ‘(ii) that is noncontiguous with the continental United States.’;

          (iv) by striking subparagraph (D);

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

          (vi) 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’; and

        (D) in paragraph (3)(A) (as redesignated by subparagraph (B)), by striking ‘funded from the allocation required under paragraph (2)’;

      (4) in subsection (e)--

        (A) by striking paragraph (1);

        (B) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively;

        (C) by striking paragraph (1) (as so redesignated) and inserting the following:

      ‘(1) CERTIFICATION-

        ‘(A) IN GENERAL- Before the beginning of each fiscal year, to be eligible for payments under this section, the Governor of each State--

          ‘(i) shall certify to the Secretary that the State will meet all the requirements of this section; and

          ‘(ii) shall notify the Secretary that the amount of obligations expected to be incurred for each surface transportation program project during the fiscal year is in accordance with each survey, plan, specification, and estimate for the proposed project as included in the surface transportation program category in the transportation improvement program of the State developed under section 135(f) for the fiscal year.

        ‘(B) ADJUSTMENTS- A State may request an adjustment to an obligation amount referred to in subparagraph (A)(ii) later in the fiscal year.

        ‘(C) EFFECT OF ACCEPTANCE- Acceptance by the Secretary of the notification and certification under subparagraph (A) shall be deemed to be acceptance by the United States of a contractual obligation to pay the Federal share of surface transportation program costs incurred by the State for projects not subject to review by the Secretary under this chapter.’;

        (D) by striking paragraph (2) (as so redesignated) and inserting the following:

      ‘(3) PAYMENTS- The Secretary shall make payments to a State of costs incurred by the State for the surface transportation program in accordance with procedures to be established by the Secretary. Payments shall not exceed the Federal share of costs incurred as of the date the State requests payments.’; and

        (E) in paragraph (4) (as so redesignated) by striking ‘funded from the allocation required by subsection (d)(2)’ each place it appears; and

      (5) in subsection (f)--

        (A) by striking ‘6-fiscal year period 1992 through 1997’ and inserting ‘5-fiscal year period 1998 through 2002’; and

        (B) by striking ‘and highway safety construction’ each place it appears.

    (b) APPORTIONMENTS- Section 104(b) of title 23, United States Code, is amended by striking paragraph (3) and inserting the following:

      ‘(3) SURFACE TRANSPORTATION PROGRAM- For the surface transportation program--

        ‘(A) in the case of a State with an average population density of 20 persons per square mile or fewer, and in the case of a State with a population of 1,500,000 persons or fewer and a land area of 10,000 square miles or less, the greater of--

          ‘(i) a percentage share of apportionments equal to the percentage specified for the State in section 157(d); or

          ‘(ii) a share determined under subparagraph (B); and

        ‘(B) subject to subparagraph (A), in the case of any State for which the apportionment is not determined under subparagraph (A)(i), a percentage share of the remaining apportionments equal to 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.’.

    (c) CONFORMING AMENDMENTS-

      (1) Section 134(i)(5) of title 23, United States Code, is amended by striking ‘section 133(d)(3)’ each place it appears and inserting ‘section 133(d)(1)’.

      (2) Section 5305(e)(2) of title 49, United States Code, is amended in the first sentence by striking ‘section 133(d)(3) of title 23’ and inserting ‘section 133(d)(1) of title 23’.

SEC. 7. 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 paragraphs (1) and (3) of subsection (b), population shall be determined on the basis of the most recent estimates prepared by the Secretary of Commerce.’.

SEC. 8. HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION ACTIVITIES.

    (a) REPEAL OF PROGRAM- Section 144 of title 23, United States Code, is repealed.

    (b) CONFORMING AMENDMENTS-

      (1) The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 144.

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

        (A) in the first sentence, by striking ‘, 144,’; and

        (B) by striking the third and fourth sentences.

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

        (A) in subsection (a)--

          (i) in the subsection heading, by striking ‘BRIDGE,’; and

          (ii) in paragraph (1)(A)(i), by striking ‘144,’; and

        (B) in subsection (c), by striking ‘144,,’.

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

      (5) Sections 134(i)(4) and 135(f)(3) of title 23, United States Code, are amended by striking ‘pursuant to the bridge and Interstate maintenance programs’ each place it appears and inserting ‘Interstate maintenance activities under section 119’.

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

      (7) 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)’.

      (8) Section 204(c) of title 23, United States Code, is amended in the first sentence by striking ‘or section 144 of this title’.

      (9) Section 303(g) of title 23, United States Code, is amended by striking ‘and funds apportioned under section 144 of this title for developing and establishing the bridge management system required by this section’.

      (10) Section 307 of title 23, United States Code, is amended--

        (A) in subsection (c)(1), by striking ‘sections 104 and 144 of this title’ and inserting ‘section 104’; and

        (B) in the second sentence of subsection (e)(4)(A), by striking ‘which are being replaced or rehabilitated under section 144 of this title’.

      (11) Section 409 of title 23, United States Code, is amended by striking ‘, 144,’.

SEC. 9. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT ACTIVITIES.

    (a) ELIMINATION OF APPORTIONMENTS- Section 104(b) of title 23, United States Code, is amended by striking paragraph (2).

    (b) REPEAL OF PROGRAM- Section 149 of title 23, United States Code, is repealed.

    (c) CONFORMING AMENDMENTS-

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

      (2) Section 104 of title 23, United States Code, is amended in the first sentence of subsection (a), and in the matter preceding paragraph (1) of subsection (b), by striking ‘, the congestion mitigation and air quality improvement program,’.

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

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

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

      (4) Section 117(e) of title 23, United States Code, is amended by striking ‘section 133, and section 149’ and inserting ‘or section 133’.

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

        (A) 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

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

      (6) Section 303(g) of title 23, United States Code, is amended by striking ‘, (b)(2),’.

      (7) Section 31314 of title 49, United States Code, is amended by striking ‘(2),’ each place it appears and inserting ‘(2) (as in effect on the day before the date of enactment of the ISTEA Integrity Restoration Act),’.

      (8) Section 355(c) of the National Highway System Designation Act of 1995 (Public Law 104-59; 109 Stat. 624) is amended by striking ‘(b)(2),’ and inserting ‘(b)(2) (as in effect on the day before the date of enactment of the ISTEA Integrity Restoration Act and in the case of succeeding fiscal years 1996 and 1997),’.

SEC. 10. APPORTIONMENT ADJUSTMENT PROGRAM.

    (a) IN GENERAL-

      (1) PROGRAM- Section 157 of title 23, United States Code, is amended to read as follows:

‘Sec. 157. Apportionment adjustment program

    ‘(a) IN GENERAL- On October 1 (or as soon as practicable thereafter) of fiscal year 1998 and each fiscal year thereafter, the Secretary shall apportion among the States additional amounts sufficient to ensure that the ratio of the highway funds of the State to the highway funds of all States for the fiscal year is not less than the percentage specified for the State in subsection (d).

    ‘(b) ADDITIONAL APPORTIONMENTS- In addition to any amount required to be apportioned by subsection (a) for a fiscal year, a State shall receive additional apportionments so that each State’s percentage of highway funds for the fiscal year is not less than 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.

    ‘(c) REQUIREMENT-

      ‘(1) IN GENERAL- Any increase in apportionments necessary to comply with subsection (a) or (b) shall be carried out so that the ratio of--

        ‘(A) the highway funds of each State with an average population density of 20 persons per square mile or fewer and each State with a population of 1,500,000 persons or fewer and a land area of 10,000 square miles or less; to

        ‘(B) the highway funds of all States;

      for the fiscal year is not less than the percentage share specified for the State in subsection (d).

      ‘(2) POPULATION DETERMINATIONS- For the purpose of this subsection, population shall be determined on the basis of the most recent estimates prepared by the Secretary of Commerce.

    ‘(d) STATE PERCENTAGES- The percentage referred to in subsection (a) for each State shall be determined in accordance with the following table:

‘States:

--Adjustment percentage

Alabama

--2.02

Alaska

--1.24

Arizona

--1.68

Arkansas

--1.32

California

--9.81

Colorado

--1.23

Connecticut

--1.00

Delaware

--0.40

District of Columbia

--0.52

Florida

--4.77

Georgia

--3.60

Hawaii

--0.55

Idaho

--0.70

Illinois

--3.71

Indiana

--2.63

Iowa

--1.13

Kansas

--1.10

Kentucky

--1.91

Louisiana

--1.63

Maine

--0.50

Maryland

--1.64

Massachusetts

--1.68

Michigan

--3.34

Minnesota

--1.56

Mississippi

--1.23

Missouri

--2.45

Montana

--0.95

Nebraska

--0.73

Nevada

--0.67

New Hampshire

--0.48

New Jersey

--2.28

New Mexico

--1.05

New York

--4.27

North Carolina

--2.83

North Dakota

--0.63

Ohio

--3.77

Oklahoma

--1.55

Oregon

--1.23

Pennsylvania

--4.12

Puerto Rico

--0.50

Rhode Island

--0.55

South Carolina

--1.63

South Dakota

--0.70

Tennessee

--2.30

Texas

--7.21

Utah

--0.71

Vermont

--0.43

Virginia

--2.61

Washington

--1.75

West Virginia

--0.76

Wisconsin

--1.91

Wyoming

--0.66

    ‘(e) TERMS AND CONDITIONS- Amounts apportioned in accordance with subsections (a) and (b)--

      ‘(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.

    ‘(f) APPORTIONMENTS- 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.’.

      (2) 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.’.

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

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

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

SEC. 11. REPEAL OF SET-ASIDES FOR 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. 12. TECHNICAL CORRECTION TO PROGRAM ADMINISTRATION SET-ASIDE.

    Section 104(a) of title 23, United States Code, is amended in the first sentence by striking ‘not to exceed 3 3/4 per centum’ and inserting ‘not to exceed 2.35 percent’.

SEC. 13. EFFECTIVE DATE; APPLICABILITY; CERTAIN UNOBLIGATED BALANCES.

    (a) IN GENERAL- This Act and the amendments made by this Act shall take effect on the date of enactment of this Act.

    (b) APPLICABILITY- This Act and the amendments made by this Act--

      (1) except as otherwise specifically provided, shall apply to funds authorized to be appropriated or made available after September 30, 1997; and

      (2) except as otherwise provided in subsection (c), shall not apply to funds appropriated or made available on or before September 30, 1997.

    (c) UNOBLIGATED BALANCES-

      (1) IN GENERAL- Unobligated balances of funds apportioned to a State under sections 104(b)(2), 104(b)(4), 104(b)(5), 144(e), and 157 of title 23, United States Code, and sections 1013(c), 1069, and 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240) before October 1, 1997, 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) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM- A State may transfer unobligated balances of funds apportioned to the State before October 1, 1997, for the congestion mitigation and air quality improvement program under section 104(b)(2) of title 23, United States Code (as in effect on the day before the date of enactment of this Act) to the apportionment of the State under section 104(b)(3) of title 23, United States Code.

        (B) 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) of title 23, United States Code (as in effect on the day before the date of enactment of this Act) or the Interstate maintenance program under section 104(b)(5)(B) of title 23, United States Code (as in effect on the day before the date of enactment of this Act) to the apportionment of the State under section 104(b)(1) of title 23, United States Code.

        (C) 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 of title 23, United States Code (as in effect on the day before the date of enactment of this Act) to the apportionment to the State under paragraph (1) or (3) of section 104(b) of title 23, United States Code.

        (D) 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) of title 23, United States Code (as in effect on the day before the date of enactment of this Act) to the apportionment of the State under section 104(b)(3) of title 23, United States Code.

        (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.