[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1609 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 1609
To reauthorize the Intermodal Surface Transportation Efficiency Act of
1991, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 14, 1997
Ms. Molinari (for herself, Mr. Weller, Mr. Gejdenson, Mr. Solomon, Mr.
Moakley, Mr. Franks of New Jersey, Mr. Frelinghuysen, Mr. Borski, Mr.
Castle, Mr. McGovern, Mr. Shays, Mr. Paxon, Mr. Boehlert, Mr. Quinn,
Mr. Nadler, Mr. King, Mrs. Johnson of Connecticut, Mrs. Kelly, Mr.
Frank of Massachusetts, Mrs. Kennelly of Connecticut, Mr. McHugh, Mr.
Markey, Mr. Engel, Mr. Neal of Massachusetts, Mr. Pascrell, Mr. Meehan,
Mr. Manton, Mrs. Lowey, Mr. Forbes, Mrs. McCarthy of New York, Mr.
Walsh, Mr. Flake, Mr. Lazio of New York, Ms. DeLauro, Mr. Gilman, Mr.
Rangel, Mr. Hinchey, Mr. Schumer, Mr. Serrano, Ms. Velazquez, Mr.
Towns, Mr. Owens, Ms. Slaughter, and Mrs. Maloney of New York)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reauthorize the Intermodal Surface Transportation Efficiency Act of
1991, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``ISTEA
Reauthorization Act of 1997''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--HIGHWAY PROGRAMS
Sec. 101. Amendments to title 23, United States Code.
Sec. 102. Authorization of appropriations.
Sec. 103. National Highway System and Interstate maintenance.
Sec. 104. Funding of interstate maintenance projects.
Sec. 105. Congestion mitigation and air quality improvement program.
Sec. 106. Surface transportation program.
Sec. 107. Bridge program.
Sec. 108. Minimum allocation.
Sec. 109. Interstate reimbursement program.
Sec. 110. Apportionment adjustment.
Sec. 111. Level of effort bonus.
Sec. 112. Research programs.
Sec. 113. Scenic byways program.
Sec. 114. Ferry boats and terminals.
Sec. 115. Border crossing infrastructure program.
Sec. 116. Program streamlining.
TITLE II--TRANSIT PROGRAMS
Sec. 201. Short title.
Sec. 202. Amendments to title 49, United States Code.
Sec. 203. Findings.
Sec. 204. Flexibility for less populated communities.
Sec. 205. Discretionary grants and loans.
Sec. 206. Authorization of appropriations.
Sec. 207. Application of Byrd rule to Mass Transit Account of Highway
Trust Fund.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Intermodal Surface Transportation Efficiency Act of
1991 (Public Law 102-240) (hereinafter in this section referred
to as ``ISTEA'') was the result of a bipartisan and multi-
regional consensus to change transportation policy by giving
States and localities more flexibility in spending Federal
funds while still pursuing important national goals;
(2) the Federal Government has an important role to play in
helping to fund transportation improvements and ensuring that a
national focus remains on national goals such as mobility,
connectivity and integrity of the transportation system,
safety, research, air quality, global and national economic
competitiveness, and improved quality of life;
(3) this role of the Federal Government as funding partner
and policymaker should--
(A) nurture State and local flexibility in using
funds to solve problems creatively; and
(B) relieve the States of burdensome regulation and
review procedures that slow down project implementation
without adding value;
(4) the funding programs authorized by ISTEA were visionary
and will continue to influence transportation into the future;
(5) the partnerships between the Federal Government and
State and local governments, and between the public and private
sectors, that were reaffirmed and strengthened by ISTEA are
helping to improve transportation investment and transportation
policy choices; and
(6) it is in the interest of the United States--
(A) to reauthorize ISTEA in 1997 with refinements
but without significant changes;
(B) to authorize the maximum feasible level of
funding for ISTEA programs;
(C) to allocate these funds among the States based
primarily on need, with adjustments to be considered to
reflect (i) system usage; (ii) system extent; and (iii)
distribution patterns;
(D) to preserve and strengthen the partnerships
among the Federal Government, State governments, local
governments, and the private sector;
(E) to recognize and reward above average level of
State and local financial effort in financing the
Nation's surface transportation system;
(F) to help improve the highway access to, and
economic development in, the Appalachian region through
financing the completion of the Appalachian development
highway system; and
(G) to minimize prescriptive Federal regulation
that is unnecessary and eliminate regulatory
duplication between the Federal Government and State
governments.
TITLE I--HIGHWAY PROGRAMS
SEC. 101. AMENDMENTS TO TITLE 23, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this title
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision of law, the reference shall be
considered to be made to a section or other provision of title 23,
United States Code.
SEC. 102. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) National highway system.--For the National Highway
System under section 103 of that title $10,500,000,000 for each
of fiscal years 1998 through 2003.
(2) Surface transportation program.--For the surface
transportation program under section 133 of that title
$5,500,000,000 for each of fiscal years 1998 through 2003.
(3) Bridge program.--For the highway bridge replacement and
rehabilitation program under section 144 of that title
$3,700,000,000 for each of fiscal years 1998 through 2003.
(4) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program under section 149 of that title
$2,000,000,000 for each of fiscal years 1998 through 2003.
(5) Minimum allocation.--For the minimum allocation program
under section 157 of that title $526,000,000 for each of fiscal
years 1998 through 2003.
(6) Apportionment adjustments.--For apportionment
adjustments under section 110 of this Act $530,000,000 for each
of fiscal years 1998 through 2003.
(7) Interstate reimbursement program.--For reimbursement
for segments of the Interstate System constructed without
Federal assistance under section 160 of that title
$1,700,000,000 for each of fiscal years 1998 through 2003.
(8) Level of effort bonus.--For the level of effort bonus
under section 111 of this Act $775,000,000 for each of fiscal
years 1998 through 2003.
(9) Federal lands highways program.--
(A) Indian reservation roads.--For Indian
reservation roads under section 204 of that title
$190,000,000 for each of fiscal years 1998 through
2003.
(B) Public lands highways.--For public lands
highways under section 204 of that title $170,000,000
for each of fiscal years 1998 through 2003.
(C) Parkways and park roads.--For parkways and park
roads under section 204 of that title $90,000,000 for
each of fiscal years 1998 through 2003.
(10) FHWA highway safety programs.--For carrying out
section 402 of that title by the Federal Highway Administration
$25,000,000 for each of fiscal years 1998 through 2003.
(11) FHWA highway safety research and development.--For
carrying out section 403 of that title by the Federal Highway
Administration $10,000,000 for each of fiscal years 1998
through 2003.
(12) Appalachian development highway program.--For the
Appalachian development highway program under section 201 of
the Appalachian Regional Development Act of 1965 (40 U.S.C.
App) $400,000,000 for each of fiscal years 1998 through 2003.
(b) Limitations on Obligations.--Notwithstanding any other
provision of law, any limitation on obligations established for any of
fiscal years 1998 through 2003 for funds apportioned or allocated from
the Highway Trust Fund (other than the Mass Transit Account) shall
apply equally to all such apportionments and allocations, except that
no such limitation shall apply to any allocation made under section 125
of title 23, United States Code, for emergency relief.
SEC. 103. NATIONAL HIGHWAY SYSTEM AND INTERSTATE MAINTENANCE.
(a) Apportionment Formula.--Section 104(b)(1) is amended to read as
follows:
``(1) National highway system.--For the National Highway
System, \1/3\ percent to the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands and
the remaining 99\2/3\ percent apportioned as follows:
``(A) \1/2\ in the ratio that--
``(i) the total vehicle miles traveled on
public highways in each State; bears to
``(ii) the total vehicle miles traveled on
public highways in all States; and
``(B) \1/2\ in the ratio that--
``(i) the total lane miles of public
highways in each State; bears to
``(ii) the total lane miles of public
highways in all States.''.
(b) Set-Aside for 4R Projects.--Section 118(c)(2)(A) is amended--
(1) by striking ``1996, and'' and inserting ``1996,''; and
(2) by inserting after ``1997'' the following: ``, and
$200,000,000 for each of fiscal years 1998 through 2003''.
(c) Goods Movement Factor.--
(1) Study.--The Secretary shall conduct a study of the
impact of goods movement on transportation infrastructure as a
measure of need for apportioning funds for the National Highway
System.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report containing the results of the
study, together with recommendations for inclusion of a measure
of goods movement in apportioning funds for the National
Highway System.
SEC. 104. FUNDING OF INTERSTATE MAINTENANCE PROJECTS.
(a) Set-Aside of NHS Apportionments.--Section 103(i) is amended by
striking the matter preceding paragraph (1) and inserting the
following:
``(i) Eligible Projects for NHS.--Fifty percent of the funds
apportioned to a State under section 104(b)(1) shall be obligated for
Interstate maintenance projects under section 119 of this title and the
remaining 50 percent of such funds may be obligated for any of the
following:''.
(b) Repeal of Apportionment.--Section 104(b)(5)(B) is repealed.
(c) Conforming Amendments to Section 119.--Section 119 is amended--
(1) in subsection (a) by striking the second sentence and
inserting the following: ``Projects approved under the
preceding sentence shall be carried out using funds apportioned
under section 104(b)(1).'';
(2) in subsection (b) by striking the third sentence and
all that follows;
(3) in subsection (f)(1)--
(A) by striking ``section 104(b)(5)(B)'' and
inserting ``section 104(b)(1)'';
(B) by inserting after ``title'' the following:
``that are to be obligated for interstate
maintenance'';
(C) by inserting after ``the State may'' the
following: ``obligate those funds for other eligible
projects on the National Highway System or'';
(D) by striking ``sections 104(b)(1) and
104(b)(3)'' and inserting ``section 104(b)(3)''; and
(4) in subsection (f)(2)--
(A) in subparagraph (A) by striking ``and'' at the
end;
(B) in subparagraph (B)--
(i) by striking ``in any fiscal year
thereafter'' and inserting ``in fiscal years
1988 through 1997''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(C) in fiscal year 1998 and each fiscal year
thereafter, an amount not to exceed 20 percent of the
funds available for obligation for Interstate
maintenance from funds apportioned under section
104(b)(1) for such fiscal year.''.
SEC. 105. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
Section 104(b)(2) is amended to read as follows:
``(2) Congestion mitigation and air quality improvement
program.--
``(A) In general.--For the congestion mitigation
and air quality improvement program--
``(i) 90 percent in the ratio that the
weighted nonattainment area population of each
State bears to the total weighted nonattainment
area population of all States; and
``(ii) 10 percent in the ratio that the
population of all areas that are non-attainment
under the Clean Air Act (42 U.S.C. 7401 et
seq.) for particulate matter with an
acrodynamic diameter smaller than or equal to
10 micrometers (known as `PM-10') in each State
bears to the population of all such areas in
all States.
``(B) Weighted nonattainment area population.--For
purposes of subparagraph (A)(i), the weighted
nonattainment area population shall be calculated by
multiplying the population of each area within any
State that was a nonattainment area (as defined in
section 171(2) of the Clean Air Act (42 U.S.C. 7501(2))) for ozone
during any part of fiscal year 1994 by a factor of--
``(i) 1.0 if the area is classified as a
marginal ozone nonattainment area under subpart
2 of part D of title I of the Clean Air Act;
``(ii) 1.1 if the area is classified as a
moderate ozone nonattainment area under such
subpart;
``(iii) 1.2 if the area is classified as a
serious ozone nonattainment area under such
subpart;
``(iv) 1.3 if the area is classified as a
severe ozone nonattainment area under such
subpart; or
``(v) 1.4 if the area is classified as an
extreme ozone nonattainment area under such
subpart.
If the area was also classified under subpart 3 of part
D of title I of such Act as a nonattainment area for
carbon monoxide during any part of fiscal year 1994,
for purposes of calculating the weighted nonattainment
area population, the weighted nonattainment area
population of the area, as determined under the
preceding provisions of this subparagraph, shall be
further multiplied by a factor of 1.2.
``(D) Minimum apportionment.--Notwithstanding any
other provision of this paragraph, each State shall
receive a minimum apportionment of \1/2\ of 1 percent
of the funds apportioned under this paragraph for a
fiscal year.
``(E) Transfers.--
``(i) In general.--Any State that is
apportioned more than 15 percent of the total
amount of funds apportioned under this
paragraph for a fiscal year may transfer all or
any portion of the amount that exceeds 15
percent of such total amount to the
apportionment of the State under section
104(b)(3) with approval of the metropolitan
planning organization of the area for which the
funds are attributable.
``(ii) Allocation.--Any funds transferred
under clause (i) shall be added to the
allocation under section 133(d)(3)(A)(i) for
the metropolitan area for which the funds are
attributable.
``(iii) Limitation.--No funds transferred
under this subparagraph may be used for a
project which will result in the construction
of new capacity available to single occupant
vehicles unless the project consists of a high
occupancy vehicle facility available to single
occupant vehicles only at other than peak
travel times.
``(F) Determination of population.--In determining
population for the purpose of this paragraph, the
Secretary shall use estimates prepared by the Secretary
of Commerce.''.
SEC. 106. SURFACE TRANSPORTATION PROGRAM.
(a) Apportionment Formula.--Section 104(b)(3) is amended to read as
follows:
``(3) Surface transportation program.--
``(A) In general.--For the surface transportation
program, in the ratio that--
``(i) the product of--
``(I) the total lane miles of
public highways in each State; and
``(II) the relative intensity of
use of public highways in the State;
bears to
``(ii) the product of--
``(I) the total lane miles of
public highways in all States; and
``(II) the relative intensity of
use of public highways in all States.
``(B) Determination of relative intensity of use.--
For the purpose of subparagraph (A), the relative
intensity of use of public highways in a State shall be
determined by dividing--
``(i) the vehicle miles traveled on public
highways in the State per lane mile of public
highways in the State during the latest 1-year
period for which data are available; by
``(ii) the vehicle miles traveled on public
highways in all States per lane mile of public
highways in all States during that period.
``(C) Minimum apportionment.--Notwithstanding any
other provision of this paragraph, each State shall
receive a minimum apportionment of \1/2\ of 1 percent
of the funds apportioned under this paragraph for a
fiscal year.''.
(b) Allocation of Obligation Authority.--Section 133(f) is amended
by striking ``6-fiscal year period 1992 through 1997'' and inserting
``6-fiscal year period 1998 through 2003''.
SEC. 107. BRIDGE PROGRAM.
(a) Minimum Apportionment.--Section 144(e) is amended in the fifth
sentence by striking ``0.25'' and inserting ``0.5''.
(b) Authorizations for Discretionary Program.--Section 144(g)(1) is
amended to read as follows:
``(1) Discretionary bridge program.--
``(A) In general.--For each of fiscal years 1998
through 2003, of the amounts authorized to be
appropriated to carry out this section, all but
$100,000,000 in the case of each such fiscal year shall
be apportioned as provided in subsection (e).
``(B) Reserved amount.--For each of fiscal years
1998 through 2003, of the $100,000,000 referred to in
subparagraph (A)--
``(i) $90,000,000 shall be allocated at the
discretion of the Secretary on the same date
and in the same manner as funds apportioned
under subsection (e); and
``(ii) $10,000,000 shall be allocated by
the Secretary in accordance with section 1039
of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 144 note; 105
Stat. 1990).''.
(c) Off-System Bridges.--Section 144(g)(3) is amended by striking
``1987,'' and all that follows through ``1997,'' and inserting ``1987
through 2003''.
(d) Funding for Highway Timber Bridge Research and Demonstration
Program.--Section 1039(e) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 144 note; 105 Stat. 1991) is amended
to read as follows:
``(e) Funding.--From the funds reserved from apportionment under
section 144(g)(1) of title 23, United States Code, for each of fiscal
years 1998 through 2003--
``(1) $1,500,000 shall be available to the Secretary for
carrying out subsections (a) and (b); and
``(2) $8,500,000 shall be available to the Secretary to
carry out subsection (c).
Such sums shall remain available until expended.''.
SEC. 108. MINIMUM ALLOCATION.
Section 157 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (4) by striking the paragraph
designation and all that follows before ``on October
1'' and inserting the following:
``(4) Fiscal years 1992-1997.--In each of fiscal years 1992
through 1997,''; and
(B) by adding at the end the following:
``(5) Fiscal year 1998 and thereafter.--
``(A) Determination of amounts.--In fiscal year
1998, and each fiscal year thereafter, on October 1, or
as soon as practicable thereafter, the Secretary shall
determine the amount of funds would be required to
ensure that a State's percentage of the total
apportionments in each such fiscal year and allocations
for the prior fiscal year for--
``(i) the National Highway System under
section 103;
``(ii) the Interstate maintenance program
under section 119;
``(iii) the surface transportation program
under section 133;
``(iv) the bridge program under section
144;
``(v) the congestion mitigation and air
quality improvement program under section 149;
``(vi) grants for safety belts and
motorcycle helmets under section 153;
``(vii) the Interstate reimbursement
program under section 160;
``(viii) the Appalachian development
highway program under section 201 of the
Appalachian Regional Development Act of 1965
(40 U.S.C. App); and
``(ix) the scenic byways program under
section 1047 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23
U.S.C. 101 note; 105 Stat. 1996);
is not less than 90 percent of the percentage that the
population of the State is of the population of the
United States, as determined by the Secretary based on
the most recent revised estimate of State populations
prepared by the Bureau of the Census.
``(B) Apportionment.--
``(i) In general.--Except as provided in
clause (ii), after determining the amounts of
funds under subparagraph (A), the Secretary
shall apportion the funds authorized to carry
out this section for a fiscal year to each
State in the ratio that the amount determined
for the State under subparagraph (A) bears to
the total amount determined for all States
under subparagraph (A) (including ineligible
States under clause (ii)).
``(ii) Ineligible states.--A State shall be
ineligible to receive funding under this
section if--
``(I) the State's apportionment
pursuant to subparagraph (A) is greater
than 5.0 percent but less than 6.0
percent; and
``(II) the State's apportionment in
any fiscal year under the ISTEA
Reauthorization Act of 1997 is more
than 5 percent greater than its average
apportionment under the Intermodal
Surface Transportation Efficiency Act
of 1991.
(b) Applicability of Obligation Limitations.--Section 157(b) is
amended by striking the last 2 sentences.
(c) State Defined.--Section 157(e) is amended to read as follows:
``(e) State Defined.--Notwithstanding any other provision of this
title, in this section, the term `State' means each of the 50
States.''.
SEC. 109. INTERSTATE REIMBURSEMENT PROGRAM.
Section 160 is amended--
(1) in subsection (a) by striking ``The Secretary shall
allocate to the States in each of fiscal years 1996 and 1997''
and inserting ``For any fiscal year for which funds are
authorized to carry out this section, the Secretary shall
allocate to the States''; and
(2) in subsection (b)--
(A) by striking ``each of fiscal years 1996 and
1997'' and inserting ``a fiscal year''; and
(B) by inserting before the period at the end the
following: ``, except that no State may receive for a
fiscal year more than 10 percent of the total amount
allocated under this section for such fiscal year''.
SEC. 110. APPORTIONMENT ADJUSTMENT.
(a) High Density Adjustment.--
(1) In general.--Subject to subsection (c), in the case of
any State eligible for a high density adjustment under
paragraph (3), the amount of funds apportioned to the State for
the surface transportation program under section 133 of title
23, United States Code, for each of fiscal years 1998 through
2003 shall be increased as necessary to ensure that the
percentage obtained by dividing--
(A) the total apportionments to the State for the
fiscal year for Federal-aid highways (including
Appalachian development highways) and highway safety
construction programs; by
(B) the total of all apportionments to all States
for the fiscal year for Federal-aid highways (including
Appalachian development highways) and highway safety
construction programs;
is not less than the minimum percentage for the State
determined under paragraph (2).
(2) Minimum percentage.--Except as provided in paragraph
(3), the minimum percentage referred to in paragraph (1) for a
State shall be equal to 75 percent of the State's percentage of
the total apportionments and allocations during fiscal years
1992 through 1997 under title 23, United States Code, the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 1914 et seq.), and the National Highway System
Designation Act of 1995 (109 Stat. 568 et seq.), excluding
apportionments and allocations made for--
(A) Interstate construction under section
104(b)(5)(A);
(B) emergency relief under section 125;
(C) the Federal lands highway program under section
204;
(D) donor State bonus amounts under section 1013(c)
of the Intermodal Surface Transportation Efficiency Act
of 1991 (23 U.S.C. 157 note; 105 Stat. 1940);
(E) Kansas projects under section 1014(c) of the
Intermodal Transportation Efficiency Act of 1991 (105
Stat. 1942);
(F) hold harmless adjustments under section 1015(a)
of the Intermodal Transportation Efficiency Act of 1991
(23 U.S.C. 104 note; 105 Stat. 1943);
(G) 90 percent of payment adjustments under section
1015(b) of the Intermodal Transportation Efficiency Act
of 1991 (23 U.S.C. 104 note; 105 Stat. 1944); and
(H) demonstration projects under the Intermodal
Transportation Efficiency Act of 1991.
(3) Special rule.--For States with a population of
4,000,000 or more, the minimum percentage referred to in
paragraph (1) shall be equal to 150 percent.
(4) Eligible states.--A State shall be eligible for a high
density adjustment under this subsection if the State has a
population density of more than 450 persons per square mile.
(b) Minimum Apportionment Adjustment.--Subject to subsection (c),
the amount of funds apportioned to a State for the surface
transportation program under section 133 for each of fiscal years 1998
through 2003 shall be increased as necessary to ensure that--
(1) the sum of--
(A) the total apportionments to the State for the
fiscal year; and
(B) the total allocations authorized by the
Intermodal Surface Transportation Efficiency Act of
1991 or this Act to the State for the previous fiscal
year;
for Federal-aid highways (including Appalachian development
highways) and highway safety construction programs (excluding
apportionments and allocations for emergency relief under
section 125 and for Federal lands highways under section 204);
is not less than--
(2)(A) \1/2\ of 1 percent of the sum of--
(i) the total of all apportionments described in
paragraph (1) to all States for the fiscal year; and
(ii) the total of all allocations described in
paragraph (1) to all States for the previous fiscal
year; or
(B) 90 percent of the total of all apportionments described
in paragraph (1) to the State for fiscal year 1997.
(c) Limitation on Apportionment Adjustments.--If the amounts
authorized to be appropriated for apportionment adjustments under this
section for a fiscal year are insufficient to fund the increased
apportionments required by subsections (a) and (b) for the fiscal year,
the increased apportionment shall be reduced proportionately.
SEC. 111. LEVEL OF EFFORT BONUS.
(a) Eligible States.--In each of fiscal years 1998 through 2003, on
October 1, or as soon as possible thereafter, the Secretary of
Transportation shall allocate funds made available to carry out this
section among those States that the Secretary determines, based on the
most recent fiscal year for which data are available, had a level of
effort that exceeded the average level of effort of all States.
(b) Allocation Formula.--The Secretary shall allocate funds under
this section in the ratio that the financial level of effort of each
eligible State exceeded the financial level of effort of all eligible
States for the applicable fiscal year, except that no State may receive
more than 10 percent of the total amount made available to carry out
this section for such fiscal year.
(c) Determination of Financial Level of Effort.--For purposes of
subsection (a), the Secretary shall determine the financial level of
effort of a State for a fiscal year--
(1) by calculating the ratio of total State and local
disbursements for Federal-aid highways and highway safety
construction programs to total State taxable resources in each
State for such fiscal year; and
(2) for each State in which the result of paragraph (1)
exceeds the ratio of total State and local disbursements for
Federal-aid highways and highway safety construction programs
for all States to total State taxable resources for all States
for such fiscal year, by multiplying such difference by the
total State taxable resources for the State, resulting in the
financial level of effort amount for each eligible State to be
used in subsection (b).
``(d) Adjustment for States With High Equivalent Motor Fuel Tax.--
Of the amounts authorized for each fiscal year to carry out this
section, $65,000,000 shall be made available to States that have a high
level of effort as measured by equivalent motor fuel tax according to
the following table:
The applicable
State percentage is:
Connecticut............................................ 4.75
Hawaii................................................. 3.22
Illinois............................................... 30.08
Maryland............................................... 19.70
Massachusetts.......................................... 5.41
Nevada................................................. 8.81
Ohio................................................... 20.12
Oregon................................................. 7.91
Total...............................................100.00.''
(e) Transfer of Amount to STP Apportionment.--The Secretary shall
transfer amounts allocated to a State pursuant to this section to the
apportionment of such State under section 104(b)(3) of title 23, United
States Code, for the surface transportation program.
SEC. 112. RESEARCH PROGRAMS.
(a) Strategic Highway Research Program.--Section 307(b)(2)(B) is
amended by striking ``1994, 1995, 1996, and 1997'' and inserting ``1994
through 2003''.
(b) Applied Research Program.--Section 307(e)(13) is amended in the
first sentence by striking ``1993, 1994, 1995, 1996, and 1997'' and
inserting ``1993 through 2003''.
(c) Seismic Research Program.--Section 307(f)(4) is amended by
striking ``$2,000,000'' and all that follows before the period and
inserting ``$4,000,000 in each of fiscal years 1998 through 2003 to
carry out this section''.
(d) Intelligent Transportation Systems.--Section 6058 of the
Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 307
note; 105 Stat. 2191) is amended--
(1) in subsection (a) by striking ``1997'' and inserting
``2003''; and
(2) in subsection (b) by striking ``1997'' and inserting
``2003''.
SEC. 113. SCENIC BYWAYS PROGRAM.
Section 1047(d) of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1996) is amended by striking
``1995, 1996, and 1997'' and inserting ``1995 through 2003''.
SEC. 114. FERRY BOATS AND TERMINALS.
Section 1064(c) of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 129 note; 105 Stat. 2005) is amended to read as
follows:
``(c) Funding.--There shall be available, out of the Highway Trust
Fund (other than the Mass Transit Account), to the Secretary for
obligation at the discretion of the Secretary in carrying out this
section $40,000,000 for each of fiscal years 1998 through 2003. Such
sums shall remain available until expended.''.
SEC. 115. BORDER CROSSING INFRASTRUCTURE PROGRAM.
(a) Finding.--Congress finds and declares that as a result of the
North American Free Trade Agreement, States along the United States-
Mexico and United States-Canada border will require significant
investments in highway infrastructure capacity so that the Nation may
realize the full benefits of increased international trade.
(b) Establishment.--Chapter 1 is amended by adding at the end the
following:
``Sec. 161. Border crossing infrastructure program
``(a) Authority To Make Grants.--The Secretary shall make grants
under this section to Mexican and Canadian border States that submit an
application that demonstrates need, due to increased traffic resulting
from the implementation of NAFTA, for assistance in carrying out
transportation projects that are necessary to relieve
traffic congestion, specifically for the purposes of connecting,
through construction or reconstruction, the National Highway System
designated under section 103(b), with Federal border crossing
facilities located in the United States in the border region, or to
improve enforcement of motor carrier safety laws in the border region.
The Federal share of the cost of a project under this section shall not
exceed 80 percent of the total project cost. Each border region will
comprise a separate subprogram within this program, and as such be
administered separately.
``(b) Mexican Border Region Program.--
``(1) In general.--For each of fiscal years 1998 through
2003, the Secretary shall allocate the amounts made available
to carry this section among Mexican border States as follows:
``(A) 90 percent in the ratio which the number of
major Mexican border crossing facilities in each
Mexican border State bears to the total number of major
Mexican border crossing facilities in all Mexican
border States, as determined by the Secretary under
paragraph (2).
``(B) 10 percent in the ratio which the number of
minor Mexican border crossing facilities in each
Mexican border State bears to the total number of minor
Mexican border crossing facilities in all Mexican
border States, as determined by the Secretary under
paragraph (2).
``(2) Determinations.--The Secretary shall make the
determinations required by paragraph (1) concerning the number
of commercial motor vehicles using a Mexican border crossing
facility on an annual basis using the most recent calendar year
information that can be obtained from the Census Bureau.
``(c) Canadian Border Region Program.--For each of fiscal years
1998 through 2003, the Secretary shall allocate the amounts made
available to carry this section among Canadian border States in
accordance with an equitable formula to be established by the Secretary
that shall consider--
``(1) the annual volume of international commercial motor
vehicle traffic at the ports of entry of each Canadian border
State as compared to the annual volume of international
commercial motor vehicle traffic at the ports of entry of all
Canadian border States;
``(2) the percentage by which international commercial
vehicle traffic in each Canadian border State has grown during
the period beginning on the date of the enactment of the North
American Free Trade Agreement Implementation Act (Public Law
103-182) as compared to that percentage for all Canadian border
States;
``(3) the age and condition of existing border crossings
and connections to the National Highway System of each Canadian
border State as compared to the age and condition of existing
border crossings and connections to the National Highway System
of all Canadian border States; and
``(4) the extent of border transportation improvements
carried out by each Canadian border State during the period
beginning on the date of the enactment of the North American
Free Trade Agreement Implementation Act (Public Law 103-182).
``(d) Minimum Allocation.--Notwithstanding any other provision of
this section, a Canadian border State with $6,000,000,000 or more in
annual imports and exports with Canada and Mexico shall receive not
less than 5 percent of the amounts made available to Canadian border
States to carry out this section and each of the other Canadian border
States shall receive not less than 2.5 percent of such amounts.
``(e) Projects Commenced After January 1, 1994.--The Secretary may
make a grant under this section to a Mexican or Canadian border State
that reimburses the State for a project for which construction
commenced after January 1, 1994, if the project is otherwise eligible
for assistance under this section.
``(f) Definitions.--In this section, the following definitions
apply:
``(1) Border state.--The term `border State' means a
Canadian border State or a Mexican border State.
``(2) Border crossing facility.--The term `border crossing
facility' means a Federal facility located in the United States
that is used to enter the United States from Canada or Mexico.
``(3) Canadian border region.--The term `Canadian border
region' means the region located within 60 miles of the United
States border with Canada.
``(4) Canadian border state.--The term `Canadian border
State' means Maine, New Hampshire, Vermont, New York,
Pennsylvania, Ohio, Michigan, Wisconsin, Minnesota, North
Dakota, Montana, Idaho, Washington, and Alaska.
``(5) Commercial motor vehicle.--The term `commercial motor
vehicle' means a motor vehicle that is used in commerce to
transport passengers or property and has a gross vehicle weight
rating of 26,001 or more pounds.
``(6) Major mexican border crossing facility.--The term
`major Mexican border crossing facility' means a Mexican border
crossing facility used by 150,000 or more northbound commercial
motor vehicles in a calendar year.
``(7) Mexican border region.--The term `Mexican border
region' means the region located within 60 miles of the United
States border with Mexico.
``(8) Mexican border state.--The term `Mexican border
State' means California, Arizona, New Mexico, and Texas.
``(9) Minor mexican border crossing facility.--The term
`minor Mexican border crossing facility' means a Mexican border
crossing facility used by less than 150,000 northbound
commercial motor vehicles in a calendar year.
``(6) NAFTA.--The term `NAFTA' means the North American
Free Trade Agreement.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section for each of fiscal years 1998
through 2003, $100,000,000 for the Mexican border region and
$100,000,000 for the Canadian border region.''.
SEC. 116. PROGRAM STREAMLINING.
(a) Program Approval.--
(1) Program approval defined.--Section 101(a) is amended by
inserting after the undesignated paragraph relating to the term
``project agreement'' the following:
``The term `program agreement' means the formal instrument to be
executed by the State highway department and Secretary which identifies
a State's annual capital program, either on a project-by-project basis
or program area basis.''.
(2) Transportation improvement program.--Section 135(f)(4)
is amended by adding at the end the following: ``A State shall
have the option to enter into program agreements for either the
State's entire capital program or for each program funding
category as a whole or for like types of projects.''.
(b) State Programs.--
(1) Repeal.--Sections 105 is repealed.
(2) Conforming amendment.--The table of sections for
chapter 53 is amended by striking the item relating to section
105.
(c) Priority for Certain Projects.--Section 135(f) is amended by
adding at the end the following:
``(5) Priority for high priority segments of corridors of
national significance.--In selecting projects for inclusion in
a transportation improvement program under this subsection, a
State may give priority to high priority segments of corridors
identified under section 1105(f) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2033-2035) or
any other provision of law. The Secretary may give priority of
approval to, and expedite construction of, projects to complete
construction of such segments.''.
(d) Environmental Standards.--
(1) Study.--The Secretary of Transportation shall conduct a
study of the feasibility of establishing a program under which
a State that has an environmental program that is functionally
equivalent to the environmental program of the Federal
Government may be certified to conduct joint Federal and State
environmental reviews for surface transportation projects.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report containing the results of the study conducted under
this subsection.
(e) Coordination of Environmental Reviews.--
(1) Study.--The Secretary of Transportation, in cooperation
with the Council on Environmental Quality, shall conduct a
study of the administration of the environmental review process
associated with highway and transit programs and projects and
shall develop and implement a pilot program that will
strengthen the processes under the National Environmental
Protection Act by integrating all assessment mechanisms which
address social, economic, and environmental concerns into a
single unified and streamlined process allowing for the
complete, thoughtful, timely, responsible and balanced
consideration of economic, social and environmental issues
which promote sustainable development.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report containing the results of the study conducted under
this paragraph, including an assessment of the pilot program
and recommendations for legislative actions that are necessary
to further improve coordination and consolidation of
environmental reviews of surface transportation projects.
(f) Toll and Private Investment Credits.--
(1) In general.--Section 322 is amended to read as follows:
``Sec. 322. Credit for non-federal share
``(a) Eligibility.--
``(1) Toll revenues.--A State shall be credited toward the
non-Federal share of the cost of a project under this title for
toll revenues that are generated and used by public, quasi-
public, and private agencies to build, improve, or maintain
highways, bridges, or tunnels that serve the public purpose of
interstate commerce. Such public, quasi-public, or private
agencies shall have built, improved, or maintained such
facilities without Federal funds.
``(2) Private investment funds.--A State shall be credited
toward the non-Federal share of the cost of a project under
this title private funds invested in the Federal-Aid Highway
System.
``(b) Treatment.--Use of such credit for a non-Federal share shall
not expose such agencies from which the credit is received to
additional liability, additional regulation, or additional
administrative oversight. When credit is applied from chartered multi-
State agencies, such credit shall be applied equally to all charter
States. The public, quasi-public, and private agencies from which the
credit for which the non-Federal share is calculated shall not be
subject to any additional Federal design standards, laws, or
regulations as a result of providing non-Federal match other than those
to which such agency is already subject.''.
(2) Conforming amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``322. Credit for non-federal share.''.
(g) Removal of Historic Highway Bridges for Reuse.--Section 114(o)
is amended--
(1) in paragraph (1) by inserting after ``adaptive reuse,''
the following: ``alternative transportation purposes (including
bikeway and walkway projects eligible for funding under this
title),'';
(2) in paragraph (3)--
(A) by inserting after ``intended use'' the
following: ``whether motorized vehicular traffic or
alternative public transportation purposes''; and
(B) by inserting after ``no longer used for
motorized vehicular traffic'' the following ``or for
alternative public transportation purposes'';
(3) in the second sentence of paragraph (4)--
(A) by inserting after ``historic bridge'' the
following: ``for motorized vehicles or alternative
vehicular traffic or alternative public
transportation''; and
(B) by striking ``under this chapter'' and all that
follows before the period.
(h) Streamlined Administration of Enhancement Projects and Small
CMAQ Projects.--
(1) Study.--The Secretary, in cooperation with the
Administrator of the Environmental Protection Agency and the
Council on Environmental Quality, shall conduct a study to
develop ways to streamline and simplify the administration of
enhancement projects and congestion mitigation and air quality
projects with a cost of less than $500,000.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report contain the results of the study conducted under
paragraph (1), together with recommendations on how the
administration of enhancement projects and small congestion
mitigation and air quality projects can be simplified and
streamlined.
TITLE II--TRANSIT PROGRAMS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Federal Transit Act of 1997''.
SEC. 202. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this title
an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision of law, the reference shall be
considered to be made to a section or other provision of title 49,
United States Code.
SEC. 203. FINDINGS.
Congress finds that--
(1) public transit is an important factor in the continued
economic vitality of the United States;
(2) citizens in rural and urban areas depend on public
transportation for access to employment, education, health
care, and other necessities of daily life;
(3) public transportation improves air quality and helps
air quality nonattainment areas achieve federally required
pollution reduction milestones;
(4) millions of Americans are employed in the transit
industry, operating the Nation's transit systems, manufacturing
buses, trains, and other vehicles used in public
transportation, or are serving in related capacities;
(5) the Intermodal Surface Transportation Efficiency Act of
1991 moved public transportation toward an equal footing with
highways in the decisionmaking process of Federal, State, and
local governments;
(6) the transit programs developed under the Intermodal
Surface Transportation Efficiency Act of 1991 should be
continued so that the full potential of public transportation
may be realized;
(7) an increased investment in public transportation will
increase access to jobs and other important destinations for
millions of Americans, as well as reduce our dependence on
foreign oil and the incidence of air pollution; and
(8) the needs of public transportation systems should
continue to be the driving force behind the allocation of
available financial resources.
SEC. 204. FLEXIBILITY FOR SMALL URBANIZED AREAS.
Section 5307 is amended by adding at the end the following:
``(o) Use of Amounts by Small Urbanized Areas.--Notwithstanding any
other provision of this section, each urbanized area with a population
of less than 200,000 may use assistance received under this section for
either operating or capital needs.''.
SEC. 205. DISCRETIONARY GRANTS AND LOANS.
Section 5309(m)(1) is amended by striking ``the fiscal years ending
September 30, 1993-1997'' and inserting ``fiscal years 1998 through
2003''.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
(a) Apportionment of Appropriations for Fixed Guideway
Modernization.--Section 5337(a) is amended by striking ``the fiscal
years ending September 30, 1993-1997,'' and inserting ``fiscal years
1998 through 2003''.
(b) Sections 5303-5306, 5307, 5310, 5311, 5313, 5314, 5317, 5320,
5327, and 5334 (a) and (c).--Section 5338(a) is amended to read as
follows:
``(a) For Sections 5303-5306, 5307, 5310, 5311, 5313, 5314, 5317,
5320, 5327, and 5334 (a) and (c).--
``(1) In general.--There is authorized to be appropriated
from the Mass Transit Account of the Highway Trust Fund to
carry out sections 5303-5306, 5307, 5310, 5311, 5313, 5314,
5317, 5320, 5327, and 5334(a) and (c) of this title
$2,712,000,000 for the each of fiscal years 1998 through 2003.
``(2) Additional amounts.--In addition to the amounts made
available under paragraph (1), not more than $600,000,000 for
each of fiscal years 1998 through 2003 may be appropriated to
the Secretary to carry out sections 5303-5306, 5307, 5310,
5311, 5313, 5314, 5317, 5320, 5327, and 5334(a) and (c).''.
(c) Discretionary Grants and Loans.--Section 5338(b) to read as
follows:
``(b) Section 5309.--Not more than $2,288,000,000 for each of
fiscal years 1998 through 2003 is available from the Account for the
Secretary to carry out section 5309 of this title.''.
(d) National Mass Transportation Institute.--Section 5338(c) is
amended by striking ``the fiscal years ending September 30, 1993-1997''
and inserting ``fiscal years 1998 through 2002''.
(e) University Research Institutes.--Section 5338(d) is amended by
striking ``each of the fiscal years ending September 30, 1993-1997''
and inserting ``fiscal years 1998 through 2002''.
(f) Transportation Centers.--
(1) In general.--Section 5338(e) is amended to read as
follows:
``(e) Section 5317.--Not more than $6,000,000 is available from the
Fund (except the Account) for the Secretary for each of fiscal years
1998 through 2003, to carry out section 5317 of this title.''.
(2) Conforming amendment.--Section 5317(b)(5) is amended--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraph (D) as
subparagraph (C).
(g) Other Set-Asides.--Section 5338(h)(3) is amended by striking
``the fiscal years ending September 30, 1993-1997'' and inserting
``fiscal years 1998 through 2003''.
SEC. 207. PROGRAM EFFICIENCY IMPROVEMENTS.
(a) Associated Capital Maintenance.--
(1) Amendment to definition.--Section 5307(a)(1) is amended
by striking ``material, each'' and all that follows through the
end of the paragraph and inserting ``material;''.
(2) Conforming amendment.--Section 5307(b)(4) is amended by
striking ``material,'' and all that follows through ``used,''
and inserting ``material''.
(b) State Apportionment Flexibility.--Section 5310(b) is amended by
striking ``Any State's apportionment'' and all that follows through
``the State for transfer'' and inserting ``The chief executive officer
of the State may transfer any of the funds apportioned to the State
under this section''.
SEC. 208. APPLICATION OF BYRD RULE TO MASS TRANSIT ACCOUNT OF HIGHWAY
TRUST FUND.
Section 9503(e)(4) of the Internal Revenue Code of 1986 is amended
by striking ``except'' and all that follows before the period.
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