[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.
                                 <all>