[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 532 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 532

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 9, 1997

 Mr. Baucus (for himself, Mr. Kempthorne, Mr. Thomas, Mr. Dorgan, Mr. 
 Conrad, Mr. Daschle, Mr. Johnson, Mr. Craig, Mr. Burns, Mr. Enzi, Mr. 
   Harkin, Mr. Bingaman, Mr. Roberts, Mr. Kerrey, and Mr. Grassley) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Surface 
Transportation Authorization and Regulatory Streamlining Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Policy.
                TITLE I--LEVEL AND DISTRIBUTION OF FUNDS

Sec. 101. Authorization of appropriations.
Sec. 102. Effective use of additional highway account revenue.
Sec. 103. Apportionment of program funds.
Sec. 104. Apportionment adjustment program.
Sec. 105. Program administration, research, and planning funds.
Sec. 106. Recreational trails.
Sec. 107. Rules for any limitations on obligations.
                     TITLE II--PROGRAM STREAMLINING

Sec. 201. Planning-based expenditures on elements of transportation 
                            infrastructure.
Sec. 202. National Highway System.
Sec. 203. Interstate maintenance activities.
Sec. 204. Surface transportation program amendments.
Sec. 205. Conforming amendments to discretionary programs.
Sec. 206. Cooperative Federal Lands Transportation Program.
                   TITLE III--REDUCTION OF REGULATION

Sec. 301. Periodic review of agency rules.
Sec. 302. Planning and programming.
Sec. 303. Metric conversion at State option.
               TITLE IV--EFFECTIVE DATE; TRANSITION RULES

Sec. 401. Effective date; transition rules.

SEC. 2. POLICY.

    Section 101 of title 23, United States Code, is amended by striking 
subsection (b) and inserting the following:
    ``(b) Declaration of Policy.--Congress finds and declares that--
            ``(1) investments in highways and transportation systems 
        contribute to the Nation's economic growth, international 
        competitiveness, and defense, and improve the personal mobility 
        and quality of life of its citizens;
            ``(2) there are significant needs for increased Federal 
        highway and transportation investment across the United States, 
        including a need to improve and preserve Interstate System and 
        other National Highway System routes, which are lifelines for 
        the national economy;
            ``(3) the Federal Government's interest in transportation 
        includes--
                    ``(A) ensuring that people and goods can move 
                efficiently over long distances between metropolitan 
                areas and thus across rural areas;
                    ``(B) ensuring that people and goods can move 
                efficiently within metropolitan and rural areas;
                    ``(C) preserving environmental quality and reducing 
                air pollution;
                    ``(D) promoting transportation safety; and
                    ``(E) ensuring the effective use of intelligent 
                transportation systems and other transportation 
                technological innovations in both urban and rural 
                settings;
            ``(4) rural States do not have the fiscal resources to 
        support highway investments within their borders that benefit 
        the United States as a whole by enabling the movement of people 
and goods between metropolitan areas and thus across rural States;
            ``(5) since State governments already take into account the 
        public interest before making transportation decisions 
        affecting citizens of the States--
                    ``(A) the need for Federal regulation of State 
                transportation activities is limited; and
                    ``(B) it is appropriate for Federal transportation 
                programs to be revised to minimize regulations and 
                program requirements and to provide greater flexibility 
                to State governments; and
            ``(6) the Federal Government should continue to allow 
        States and local governments flexibility in the use of Federal 
        highway funds and require transportation planning and public 
        involvement in transportation planning.''.

                TITLE I--LEVEL AND DISTRIBUTION OF FUNDS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    The following sums are authorized to be appropriated out of the 
Highway Trust Fund (other than the Mass Transit Account):
            (1) National highway system.--For the National Highway 
        System under section 103 of title 23, United States Code, 
        $14,163,000,000 for each of fiscal years 1998 through 2003.
            (2) Surface transportation program.--For the surface 
        transportation program under section 133 of that title, 
        $9,442,000,000 for each of fiscal years 1998 through 2003.
            (3) Federal lands highway investments.--
                    (A) Federal lands highways program.--
                            (i) Indian reservation roads.--For Indian 
                        reservation roads under section 204 of that 
                        title, $191,000,000 for each of fiscal years 
                        1998 through 2003.
                            (ii) Public lands highways.--For public 
                        lands highways under section 204 of that title, 
                        $172,000,000 for each of fiscal years 1998 
                        through 2003.
                            (iii) Parkways and park roads.--For 
                        parkways and park roads under section 204 of 
                        that title, $84,000,000 for each of fiscal 
                        years 1998 through 2003.
                    (B) Cooperative federal lands transportation 
                program.--For the Cooperative Federal Lands 
                Transportation Program under section 206 of that title, 
                $155,000,000 for each of fiscal years 1998 through 
                2003.
            (4) Territories.--For the Virgin Islands, Guam, American 
        Samoa, and the Commonwealth of the Northern Mariana Islands, 
        collectively, $35,000,000 for each of fiscal years 1998 through 
        2003. Such sums shall be allocated among those territories at 
        the discretion of the Secretary of Transportation.

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

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 162. Effective use of additional highway account revenue
    ``(a) Determination of Additional Amounts To Be Apportioned.--
            ``(1) Publication of information.--Not later than 90 days 
        after the beginning of each fiscal year beginning with fiscal 
        year 1999, the Secretary shall publish in the Federal Register 
        the following information:
                    ``(A) The total estimated revenue of the Highway 
                Trust Fund (other than the Mass Transit Account) during 
the period consisting of that fiscal year and the 5 following fiscal 
years, including all interest income credited or to be credited during 
the period.
                    ``(B) The amount obtained by dividing the amount 
                determined under subparagraph (A) by 6.
                    ``(C) The amount obtained by subtracting 
                $27,000,000,000 from the amount determined under 
                subparagraph (B).
            ``(2) Apportionment.--If the amount determined under 
        paragraph (1)(C) is greater than zero, the Secretary shall--
                    ``(A) multiply that amount by 0.85; and
                    ``(B) apportion the amount determined under 
                subparagraph (A) in accordance with subsection (b)(1).
    ``(b) Method of Apportionment.--
            ``(1) In general.--For each fiscal year, the amount 
        determined under subsection (a)(2) shall be apportioned as 
        follows:
                    ``(A) 60 percent of the amount shall be added to 
                the amount authorized to be appropriated for the fiscal 
                year for the National Highway System under section 
                101(1) of the Surface Transportation Authorization and 
                Regulatory Streamlining Act.
                    ``(B) 40 percent of the amount shall be added to 
                the amount authorized to be appropriated for the fiscal 
                year for the surface transportation program under 
                section 101(2) of that Act.
            ``(2) Apportionment adjustment program.--After making the 
        apportionment under paragraph (1), the Secretary shall make 
        such additional apportionments as are necessary under section 
        157.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section such sums as are necessary for 
fiscal year 1999 and each fiscal year thereafter.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding at the end the following:

``162. Effective use of additional highway user taxes.''.

SEC. 103. APPORTIONMENT OF PROGRAM FUNDS.

    (a) In General.--Section 104(b) of title 23, United States Code, is 
amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) National highway system.--
                    ``(A) Apportionment.--For the National Highway 
                System, as follows:
                            ``(i) Interstate lane miles.--20 percent in 
                        the ratio that lane miles on Interstate routes 
                        in each State bears to the total of all such 
                        lane miles in all States.
                            ``(ii) Interstate vehicle miles traveled.--
                        25 percent in the ratio that vehicle miles 
                        traveled on Interstate routes in each State 
                        bears to the total of all such vehicle miles in 
                        all States.
                            ``(iii) National highway system lane 
                        miles.--30 percent in the ratio that lane miles 
                        on National Highway System routes in each State 
                        bears to the total of all such lane miles in 
                        all States.
                            ``(iv) National highway system vehicle 
                        miles traveled.--10 percent in the ratio that 
                        vehicle miles traveled on the National Highway 
                        System in each State bears to the total of all 
                        such vehicle miles in all States.
                            ``(v) Special fuel.--15 percent in the 
                        ratio that special fuels volume for each State 
bears to the total special fuels volume for all States.
                    ``(B) Use of data.--In making the calculations for 
                this paragraph, for paragraph (3), and for section 157, 
                the Secretary shall use the most recent calendar or 
                fiscal year for which data are available as of the 
                first day of the fiscal year for which the 
                apportionment is to be made.
                    ``(C) Definitions.--In this paragraph:
                            ``(i) Lane miles on interstate routes.--The 
                        term `lane miles on Interstate routes' shall 
                        have the meaning used by the Secretary in 
                        developing Highway Statistics Table HM-60.
                            ``(ii) Lane miles on national highway 
                        system routes.--The term `lane miles on 
                        National Highway System routes' shall have the 
                        meaning used by the Secretary in developing 
                        Highway Statistics Table HM-48.
                            ``(iii) Special fuels volume.--The term 
                        `special fuels volume' shall have the meaning 
                        used by the Secretary in developing column 8 of 
                        Highway Statistics Table MF-2.
                            ``(iv) State.--The term `State' means each 
                        of the 50 States and the District of Columbia.
                            ``(v) Vehicle miles traveled.--The terms 
                        `vehicle miles traveled on Interstate routes' 
                        and `vehicle miles traveled on the National 
                        Highway System' shall have the meanings used by 
                        the Secretary in developing Highway Statistics 
                        Table VM-3.'';
            (2) by striking paragraph (2);
            (3) by striking paragraph (3) and inserting the following:
            ``(3) Surface transportation program.--For the surface 
        transportation program, as follows:
                    ``(A) Federal-aid highway lane miles.--25 percent 
                in the ratio that lane miles on Federal-aid highways in 
                each State bears to the total of all such lane miles in 
                all States.
                    ``(B) Federal-aid highway vehicle miles traveled.--
                53 percent in the ratio that vehicle miles traveled on 
                Federal-aid highways in each State bears to the total 
                of all such vehicle miles in all States.
                    ``(C) Bridge deck surface area.--10 percent in the 
                ratio that the square footage of bridge deck surface in 
                each State, including such square footage with respect 
                to bridges not on Federal-aid highways, bears to the 
                total of such square footage in all States, except 
                that, in this subparagraph, the term `bridge' includes 
                only structures of at least 20 feet in length.
                    ``(D) Air quality.--4 percent in accordance with 
                the following table:

``State                                                      Percentage
        Alabama...................................                0.41 
        Alaska....................................                0.00 
        Arizona...................................                1.50 
        Arkansas..................................                0.00 
        California................................               23.02 
        Colorado..................................                0.00 
        Connecticut...............................                2.63 
        Delaware..................................                0.45 
        District of Columbia......................                0.48 
        Florida...................................                3.34 
        Georgia...................................                1.73 
        Hawaii....................................                0.00 
        Idaho.....................................                0.00 
        Illinois..................................                5.48 
        Indiana...................................                1.26 
        Iowa......................................                0.00 
        Kansas....................................                0.00 
        Kentucky..................................                0.82 
        Louisiana.................................                0.47 
        Maine.....................................                0.48 
        Maryland..................................                3.47 
        Massachusetts.............................                4.60 
        Michigan..................................                3.25 
        Minnesota.................................                0.00 
        Mississippi...............................                0.00 
        Missouri..................................                1.11 
        Montana...................................                0.00 
        Nebraska..................................                0.00 
        Nevada....................................                0.17 
        New Hampshire.............................                0.43 
        New Jersey................................                6.45 
        New Mexico................................                0.00 
        New York..................................               10.96 
        North Carolina............................                1.38 
        North Dakota..............................                0.00 
        Ohio......................................                4.91 
        Oklahoma..................................                0.00 
        Oregon....................................                0.66 
        Pennsylvania..............................                6.76 
        Rhode Island..............................                0.65 
        South Carolina............................                0.00 
        South Dakota..............................                0.00 
        Tennessee.................................                1.25 
        Texas.....................................                5.47 
        Utah......................................                0.55 
        Vermont...................................                0.00 
        Virginia..................................                2.38 
        Washington................................                1.78 
        West Virginia.............................                0.30 
        Wisconsin.................................                1.40 
        Wyoming...................................                0.00.
                    ``(E) Population in relation to lane miles.--2 
                percent, as follows: The Secretary shall (i) divide the 
                total population of all States by the total number of 
                lane miles on Federal-aid highways in all States; (ii) 
                for each State divide the State's population by the 
                number of lane miles on Federal-aid highways within its 
                borders; (iii) for each State divide the number 
                determined by (ii) into the number determined by (i); 
                (iv) add together the number determined under (iii) for 
                every State; and (v) divide the number for each State 
                under (iii) by the number for all States determined 
                under (iv). The Secretary shall apportion to each 
                State, of the funds apportioned under this 
                subparagraph, the percentage equal to the number 
determined under (v).
                    ``(F) Federal lands.--5 percent as follows: The 
                Secretary, after consultation with the General Services 
                Administration, the Department of the Interior, and 
                other agencies as appropriate, shall (i) determine the 
                percentage of the total land in each State represented 
                by the sum of the percentage of land owned by the 
                Federal Government in the State and the percentage of 
                land in the State held in trust by the Federal 
                Government; (ii) add together the individual State 
                percentages determined under clause (i) for all States; 
                and (iii) divide the amount for each State under clause 
                (i) by the amount for all States under clause (ii). The 
                5 percent shall be apportioned among the States in 
                accord with each State's percentage under clause (iii).
                    ``(G) Freeze-thaw.--1 percent, to be apportioned 
                among the States in accordance with the table set forth 
                in clause (i), or in accordance with clause (ii).
                            ``(i) Table.--

``State                                                      Percentage
        Alabama...................................                 1.2 
        Alaska....................................                 2.4 
        Arizona...................................                 1.0 
        Arkansas..................................                 1.4 
        California................................                 0.8 
        Colorado..................................                 3.3 
        Connecticut...............................                 2.3 
        Delaware..................................                 1.8 
        District of Columbia......................                 1.9 
        Florida...................................                 0.2 
        Georgia...................................                 1.1 
        Hawaii....................................                 0.0 
        Idaho.....................................                 2.9 
        Illinois..................................                 1.9 
        Indiana...................................                 1.9 
        Iowa......................................                 2.1 
        Kansas....................................                 2.1 
        Kentucky..................................                 1.9 
        Louisiana.................................                 0.7 
        Maine.....................................                 2.5 
        Maryland..................................                 2.0 
        Massachusetts.............................                 2.4 
        Michigan..................................                 2.2 
        Minnesota.................................                 2.0 
        Mississippi...............................                 1.1 
        Missouri..................................                 2.0 
        Montana...................................                 3.0 
        Nebraska..................................                 2.4 
        Nevada....................................                 2.2 
        New Hampshire.............................                 2.0 
        New Jersey................................                 2.6 
        New Mexico................................                 2.1 
        New York..................................                 2.9 
        North Carolina............................                 2.3 
        North Dakota..............................                 2.2 
        Ohio......................................                 2.1 
        Oklahoma..................................                 1.6 
        Oregon....................................                 1.6 
        Pennsylvania..............................                 2.3 
        Rhode Island..............................                 2.1 
        South Carolina............................                 1.4 
        South Dakota..............................                 2.5 
        Tennessee.................................                 1.8 
        Texas.....................................                 1.1 
        Utah......................................                 3.2 
        Vermont...................................                 2.0 
        Virginia..................................                 1.9 
        Washington................................                 1.8 
        West Virginia.............................                 2.2 
        Wisconsin.................................                 2.1 
        Wyoming...................................                 3.5.
                            ``(ii) Alternate approach.--Notwithstanding 
                        section 315, the Secretary may, through notice 
                        and comment rulemaking, adopt an approach in 
                        lieu of the table set forth in clause (i) in 
                        order to apportion funds subject to this 
                        subparagraph among the States in a manner that 
                        reflects the relative frequency of freeze-thaw 
                        cycles within the States. The Secretary may use 
                        that alternate approach to apportioning funds 
                        for a fiscal year only if a final rule, adopted 
                        after notice and comment, is in effect prior to 
                        the beginning of that fiscal year.
                    ``(H) Definitions.--In this paragraph:
                            ``(i) Lane miles on federal-aid highways.--
                        The term `lane miles on Federal-aid highways' 
                        shall have the meaning used by the Secretary in 
                        developing Highway Statistics Table HM-60.
                            ``(ii) State.--The term `State' means each 
                        of the 50 States and the District of Columbia.
                            ``(iii) Vehicle miles traveled on federal-
                        aid highways.--The term `vehicle miles traveled 
                        on Federal-aid highways' shall have the meaning 
                        used by the Secretary in developing Highway 
                        Statistics Table VM-2.'';
            (4) in paragraph (5)--
                    (A) in subparagraph (A), by striking ``(A) Except 
                as provided in subparagraph (B)--''; and
                    (B) by striking subparagraph (B); and
            (5) by striking paragraph (6).
    (b) Population Determinations.--Section 104 of title 23, United 
States Code, is amended by adding at the end the following:
    ``(k) Population Determinations.--For the purposes of subsection 
(b)(3) and section 157, population shall be determined on the basis of 
the most recent estimates prepared by the Secretary of Commerce.''.
    (c) Conforming Amendments.--
            (1) Section 104(b) of title 23, United States Code, is 
        amended in the matter preceding paragraph (1) by striking 
        ``paragraph (5)(A) of this subsection'' and inserting 
        ``paragraph (5)''.
            (2) Section 137(f)(1) of title 23, United States Code, is 
        amended by striking ``section 104(b)(5)(B) of this title'' and 
        inserting ``section 104(b)(1)''.
            (3) Section 139 of title 23, United States Code, is amended 
        by striking ``sections 104(b)(1) and 104(b)(5)(B) of this 
title'' each place it appears and inserting ``section 104(b)(1)''.
            (4) Section 142(c) of title 23, United States Code, is 
        amended by striking ``section 104(b)(5)(A)'' and inserting 
        ``section 104(b)(5)''.
            (5) Section 159(b) of title 23, United States Code, is 
        amended--
                    (A) in paragraph (1)(A)--
                            (i) in clause (i), by striking ``section 
                        104(b)(5)(A)'' and inserting ``section 
                        104(b)(5)(A) (as in effect on the day before 
                        the date of enactment of the Surface 
                        Transportation Authorization and Regulatory 
                        Streamlining Act)''; and
                            (ii) in clause (ii), by striking ``section 
                        104(b)(5)(B)'' and inserting ``section 
                        104(b)(5)(B) (as in effect on the day before 
                        the date of enactment of the Surface 
                        Transportation Authorization and Regulatory 
                        Streamlining Act)'';
                    (B) in paragraph (3)--
                            (i) in subparagraph (A), by striking 
                        ``section 104(b)(5)(A)'' and inserting 
                        ``section 104(b)(5)(A) (as in effect on the day 
                        before the date of enactment of the Surface 
                        Transportation Authorization and Regulatory 
                        Streamlining Act)'';
                            (ii) in subparagraph (B), by striking 
                        ``(5)(B)'' and inserting ``(5)(B) (as in effect 
                        on the day before the date of enactment of the 
                        Surface Transportation Authorization and 
                        Regulatory Streamlining Act)''; and
                            (iii) in the last sentence, by striking 
                        ``section 104(b)(5)'' and inserting ``section 
                        104(b)(5) (as in effect on the day before the 
                        date of enactment of the Surface Transportation 
                        Authorization and Regulatory Streamlining 
                        Act)''; and
                    (C) in paragraph (4), by striking ``section 
                104(b)(5)'' and inserting ``section 104(b)(5) (as in 
                effect on the day before the date of enactment of the 
                Surface Transportation Authorization and Regulatory 
                Streamlining Act)''.
            (6) Section 161(a) of title 23, United States Code, is 
        amended by striking ``paragraphs (1), (3), and (5)(B) of 
        section 104(b)'' each place it appears and inserting 
        ``paragraphs (1) and (3) of section 104(b)''.
            (7) Section 1009 of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (23 U.S.C. 119 note; 105 Stat. 1933) is 
        amended by striking subsection (c).

SEC. 104. APPORTIONMENT ADJUSTMENT PROGRAM.

    (a) In General.--Section 157 of title 23, United States Code, is 
amended to read as follows:
``Sec. 157. Apportionment adjustment program
    ``(a) Definitions.--In this section:
            ``(1) Low-density state.--The term `low-density State' 
        means a State that is listed in the table in paragraph (4) and 
        that has an average population density of 20 individuals or 
        fewer per square mile.
            ``(2) Small state.--The term `small State' means a State 
        that is listed in the table in paragraph (4) and that has a 
        population of 1,500,000 individuals or fewer and a land area of 
        10,000 square miles or less.
            ``(3) State.--The term `State' means each of the 50 States 
        and the District of Columbia.
            ``(4) Stated percentage.--The term `stated percentage', 
        with respect to a State, means the percentage listed for the 
        State in the following table:

``State                                                      Percentage
        Alaska....................................                1.25 
        Delaware..................................                0.40 
        Hawaii....................................                0.55 
        Idaho.....................................                0.70 
        Montana...................................                0.95 
        Nevada....................................                0.67 
        New Hampshire.............................                0.48 
        New Mexico................................                1.05 
        North Dakota..............................                0.63 
        Rhode Island..............................                0.55 
        South Dakota..............................                0.70 
        Vermont...................................                0.43 
        Wyoming...................................                0.66.
    ``(b) Program.--On October 1 (or as soon as possible thereafter) of 
each fiscal year beginning after September 30, 1997, the Secretary 
shall apportion among the States, in addition to amounts apportioned 
under paragraphs (1) and (3) of section 104(b), and section 104(f)(2), 
the amounts required by this section.
    ``(c) Additional Apportionments and Sequence of Calculating 
Additional Apportionments.--
            ``(1) First calculation.--The Secretary shall apportion 
        $95,000,000 to the Commonwealth of Puerto Rico.
            ``(2) Second calculation.--For each low-density State and 
        each small State, the Secretary shall calculate the total 
        amount obtained by multiplying the stated percentage for the 
        State by the total amount of funds apportioned to all States 
        under paragraphs (1) and (3) of section 104(b) and section 
        104(f)(2) plus the amount apportioned under paragraph (1). For 
        any low-density or small State that received, under paragraphs 
        (1) and (3) of section 104(b) and section 104(f)(2) combined, 
        apportionments less than the amount for the State determined 
        pursuant to the first sentence of this paragraph, the Secretary 
        shall apportion to the State such additional amount as is 
        required to make up that difference.
            ``(3) Third calculation.--In addition to any amount 
        required to be apportioned by paragraph (2) for a fiscal year, 
        the Secretary shall make additional apportionments so that no 
        State receives an amount that is less than the amount 
        determined by multiplying (A) the percentage that is 95 percent 
        of the percentage of estimated tax payments attributable to 
        highway users in the State paid into the Highway Trust Fund 
        (other than the Mass Transit Account) in the latest fiscal year 
        for which data are available by (B) the total amount of funds 
        apportioned to all States immediately after the Secretary has 
        made any additional apportionments required by paragraph (2).
            ``(4) Fourth calculation.--The Secretary shall determine 
        for each State the percentage apportioned to that State of the 
        total amount of funds apportioned to all States under 
        paragraphs (1) and (3) of section 104(b). The Secretary shall 
        calculate, for each State, the total amount obtained by 
        multiplying (A) the percentage for that State under the first 
        sentence of this paragraph by (B) the total amount of funds 
        apportioned to all States after the apportionment made by 
        paragraph (3). If the amount for a State under the calculation 
        made under the preceding sentence, minus the total amount 
        apportioned to that State after the apportionments made by 
        paragraph (3), is greater than zero, the Secretary shall make 
        an additional apportionment, equal to that amount, to that 
        State.
            ``(5) Fifth calculation.--For each low-density State and 
        each small State, the Secretary shall calculate the total 
        amount obtained by multiplying the stated percentage for the 
        State by the total amount of funds apportioned to all States 
        after the apportionment made by paragraph (4). For any low-
        density or small State that receives, after the apportionment 
        made by paragraph (4), total apportionments less than the 
        amount for the State determined pursuant to the first sentence 
        of this paragraph, the Secretary shall apportion to the State 
        such additional amount as is required to make up that 
        difference.
    ``(d) Terms and Conditions.--Amounts apportioned in accordance with 
subsection (c), and amounts authorized to be appropriated under section 
101(4) of the Surface Transportation Authorization and Regulatory 
Streamlining Act--
            ``(1) shall be available for obligation, when allocated, 
        for the year authorized and the 3 following fiscal years;
            ``(2) shall be subject to this title; and
            ``(3) may be obligated for National Highway System projects 
        under section 103, surface transportation program projects 
        under section 133, or any other purpose authorized under this 
        title.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section such sums as are necessary for 
fiscal year 1998 and each fiscal year thereafter.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
157 and inserting the following:

``157. Apportionment adjustment program.''.
    (c) Repeal of Certain Apportionment Adjustment Programs.--
            (1) Reimbursement for segments of the interstate system 
        constructed without federal assistance.--
                    (A) In general.--Section 160 of title 23, United 
                States Code, is repealed.
                    (B) Conforming amendment.--The analysis for chapter 
                1 of title 23, United States Code, is amended by 
                striking the item relating to section 160.
            (2) Donor state bonus amounts.--Section 1013 of the 
        Intermodal Surface Transportation Efficiency Act of 1991 (23 
        U.S.C. 157 note; 105 Stat. 1940) is amended by striking 
        subsection (c).
            (3) Hold harmless apportionment adjustment.--Section 1015 
        of the Intermodal Surface Transportation Efficiency Act of 1991 
        (23 U.S.C. 104 note; 105 Stat. 1943) is amended by striking 
        subsection (a).
            (4) 90 percent of payments adjustment.--Section 1015 of the 
        Intermodal Surface Transportation Efficiency Act of 1991 (23 
        U.S.C. 104 note; 105 Stat. 1944) is amended by striking 
        subsection (b).

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

    (a) Program Administration.--Section 104 of title 23, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) in the first sentence--
                            (i) by striking ``an apportionment is made 
                        of the sums authorized to be appropriated for 
                        expenditure on the surface transportation 
                        program, the congestion mitigation and air 
                        quality improvement program, the National 
                        Highway System, and the Interstate System'' and 
                        inserting ``apportionments are made pursuant to 
                        this section and section 157''; and
                            (ii) by striking ``not to exceed 3\3/4\ per 
                        centum of all sums so authorized'' and 
                        inserting ``not to exceed 2 percent of the 
                        total of the apportionments'';
                    (B) by inserting after the first sentence the 
                following: ``For the purpose of calculating 
                apportionments referred to in the preceding sentence, 
                the deductions made under this subsection shall be made 
                only after the completion of all other aspects of 
                calculating the apportionments and from amounts 
                calculated without taking into account the 
                deductions.''; and
                    (C) in the third sentence (after the amendment made 
                by subparagraph (B)), by striking ``such 
                determination'' and inserting ``the determination 
                described in the first sentence''; and
            (2) in the matter preceding paragraph (1) of subsection 
        (b), by striking ``, after making the deduction'' and all that 
        follows through the colon and inserting ``shall make 
        apportionments for the fiscal year in the following manner:''.
    (b) Metropolitan Planning.--Section 104(f) of title 23, United 
States Code, is amended by striking ``(f)(1)'' and all that follows 
through the end of paragraph (1) and inserting the following:
    ``(f) Metropolitan Planning.--
            ``(1) Set aside.--On October 1 of each fiscal year, the 
        Secretary shall set aside to carry out section 134 not to 
        exceed 1 percent of the funds authorized to be appropriated for 
        the National Highway System under section 103 and the surface 
        transportation program under section 133.''.
    (c) Research and Planning.--Section 307 of title 23, United States 
Code, is amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (i) and (j), respectively; and
            (2) by inserting after subsection (f) the following:
    ``(g) Freeze-Thaw Research.--Not later than 90 days after the date 
of enactment of the Surface Transportation Authorization and Regulatory 
Streamlining Act, the Secretary shall undertake an enhanced level of 
research to determine means of reducing the long-term and short-term 
costs of constructing and maintaining asphalt pavement in areas with 
severe or frequent freeze-thaw cycles.
    ``(h) Consideration of Rural Issues in Transportation Research, 
Intelligent Transportation Systems, and Technology Programs.--In 
selecting topics for research, allocating funds among contractors and 
State and local governments for research, and researching, developing, 
testing, and promoting intelligent transportation systems and other 
technological applications, the Secretary shall give careful 
consideration to the national interest in--
            ``(1) understanding transportation issues that affect rural 
        areas;
            ``(2) developing a scientific and technological 
        infrastructure in rural areas; and
            ``(3) permitting rural as well as metropolitan areas to 
        benefit from the deployment of modern transportation 
        technology.''.

SEC. 106. RECREATIONAL TRAILS.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) to carry out the recreational trails program under part B of 
title I of the Intermodal Surface Transportation Efficiency Act of 1991 
(16 U.S.C. 1261 et seq.) $30,000,000 for each of fiscal years 1998 
through 2003.
    (b) Apportionment Formula.--
            (1) Administrative costs.--Whenever an apportionment is 
        made of the sums authorized to be appropriated to carry out 
        section 1302 of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (16 U.S.C. 1261), the Secretary shall 
        deduct an amount, not to exceed 3 percent of the sums 
        authorized, to cover the cost to the Secretary for 
        administration of and research under the recreational trails 
        program and for administration of the National Recreational 
        Trails Advisory Committee. The Secretary may enter into 
        contracts, partnerships, or cooperative agreements with other 
        government agencies, institutions of higher learning, or 
        nonprofit organizations, and may enter into contracts with for-
        profit organizations, to carry out the administration and 
        research described in the preceding sentence.
            (2) Appropriation to the states.--After making the 
        deduction authorized by paragraph (1), the Secretary shall 
        apportion the remainder of the sums authorized to be 
        appropriated for expenditure on the recreational trails program 
        for each fiscal year among the States in the following manner:
                    (A) Equal amounts.--Fifty percent of that amount 
                shall be apportioned equally among eligible States (as 
                defined in section 1302(g)(1) of the Intermodal Surface 
                Transportation Efficiency Act of 1991 (16 U.S.C. 
                1261(g)(1))).
                    (B) Amounts proportionate to nonhighway 
                recreational fuel use.--Fifty percent of that amount 
                shall be apportioned among eligible States (as defined 
                in section 1302(g)(1) of the Intermodal Surface 
                Transportation Efficiency Act of 1991 (16 U.S.C. 
                1261(g)(1))) in amounts proportionate to the degree of 
                nonhighway recreational fuel use in each of those 
                States during the preceding year.
    (c) Contract Authority.--Funds authorized by this section shall be 
available for obligation in the same manner as if the funds were 
apportioned under chapter 1 of title 23, United States Code, except 
that the Federal share of the cost of any recreational trails project 
shall be determined in accordance with subsection (d).
    (d) Federal Share Payable.--
            (1) In general.--Except as provided in paragraphs (2), (3), 
        (4), and (5), the Federal share payable on account of a 
        recreational trails project shall not exceed 80 percent.
            (2) Federal agency project sponsor.--Notwithstanding any 
        other provision of law, a Federal agency sponsoring a project 
        under this section may contribute Federal funds toward a 
        project's cost, if the share attributable to the Secretary of 
        Transportation does not exceed 50 percent and the share 
        attributable to the Secretary and the Federal agency jointly 
        does not exceed 80 percent.
            (3) Allowable match from federal grant programs.--
        Notwithstanding any other provision of law, the following 
        Federal grant programs may be used to contribute Federal funds 
        toward a project's cost and may be accounted for as 
        contributing to the non-Federal share:
                    (A) The State and Local Fiscal Assistance Act of 
                1972 (Public Law 92-512).
                    (B) Title I of the Housing and Community 
                Development Act of 1974 (42 U.S.C. 5301 et seq.).
                    (C) The Public Works Employment Act of 1976 (42 
                U.S.C. 6701 et seq.).
                    (D) The Delaware and Lehigh Navigation Canal 
                National Heritage Corridor Act of 1988 (16 U.S.C. 461 
                note; 102 Stat. 4552).
                    (E) The Job Training Partnership Act (29 U.S.C. 
                1501 et seq.).
                    (F) The National and Community Service Act of 1990 
                (42 U.S.C. 12501 et seq.).
                    (G) The Personal Responsibility and Work 
                Opportunity Reconciliation Act of 1996 (Public Law 104-
                193).
            (4) Programmatic non-federal share.--A State may allow 
        adjustments of the non-Federal share of individual projects if 
        the total Federal share payable for all projects within the 
        State under this program for a Federal fiscal year's 
        apportionment does not exceed 80 percent. A project funded 
        under paragraph (2) or (3) may not be included in the 
        calculation of the programmatic non-Federal share.
            (5) State administrative costs.--The Federal share payable 
        on account of the administrative costs of a State, incurred in 
        administering this program and carrying out statewide trail 
        planning, shall be determined in accordance with section 120(b) 
        of title 23, United States Code.

SEC. 107. RULES FOR ANY LIMITATIONS ON OBLIGATIONS.

    (a) None Established.--Nothing in this Act establishes a limitation 
on the total of all obligations for any fiscal year for Federal-aid 
highways and highway safety construction programs.
    (b) Rules for Obligation Authority Limits.--Chapter 1 of title 23, 
United States Code (as amended by section 102(a)), is amended by adding 
at the end the following:
``Sec. 163. Rules for any limitations on obligations
    ``(a) In General.--Any provision of a statute enacted before or 
after the date of enactment of this section that establishes a 
limitation on obligations for Federal-aid highways and highway safety 
construction programs for fiscal year 1998, or any fiscal year 
thereafter, shall be in accordance with this section (as in effect on 
the date of enactment of this section) or stated as an amendment to 
this section.
    ``(b) Prohibition on Certain Limitations.--Obligations under 
section 125, for Federal lands highway investments, and for 
recreational trails under part B of title I of the Intermodal Surface 
Transportation Efficiency Act of 1991 (16 U.S.C. 1261 et seq.), shall 
not be subject to any limitation on obligation authority.
    ``(c) Distribution of Obligation Limitations.--
            ``(1) In general.--If, with respect to fiscal year 1998 or 
        any fiscal year thereafter, a provision of a statute 
        establishes a limitation on obligations for Federal-aid 
        highways and highway safety construction programs, paragraphs 
        (2) through (4) shall apply.
            ``(2) Distribution formula.--For a fiscal year, any 
        limitation described in paragraph (1) shall be distributed 
        among the States by allocation in the ratio that--
                    ``(A) the total of the amounts apportioned to each 
                State under sections 104, 157, and 162 for the fiscal 
                year; bears to
                    ``(B) the total of the amounts apportioned to all 
                States under those sections for the fiscal year.
            ``(3) Redistribution of unused obligation authority.--
                    ``(A) In general.--Notwithstanding any limitation 
                described in paragraph (1), for each fiscal year, the 
                Secretary--
                            ``(i) shall provide each State with 
                        authority sufficient to prevent lapses of sums 
                        authorized to be appropriated for Federal-aid 
                        highways and highway safety construction 
                        programs that have been apportioned or 
                        allocated to the State, except in those cases 
                        in which the State indicates its intention to 
                        lapse sums apportioned to the State;
                            ``(ii) after August 1 of the fiscal year--
                                    ``(I) shall revise a distribution 
                                of the funds made available under the 
                                limitation described in paragraph (1) 
                                for the fiscal year if a State will not 
                                obligate the amount distributed during 
                                the fiscal year; and
                                    ``(II) shall redistribute 
                                sufficient amounts to States able to 
                                obligate amounts in addition to the 
                                amounts previously distributed for the 
                                fiscal year, giving priority to those 
                                States that have unobligated balances 
                                of funds apportioned that are 
                                relatively large when compared to the 
                                amount of funds apportioned to those 
                                States under sections 104 and 157 for 
                                the fiscal year; and
                            ``(iii) shall not distribute amounts 
                        authorized for administrative expenses.
                    ``(B) State infrastructure banks.--For the purposes 
                of subparagraph (A)(ii), funds made available and 
                placed in a State infrastructure bank approved by the 
                Secretary but not obligated out of the bank shall be 
                considered to be not obligated.
            ``(4) Additional obligation authority.--
                    ``(A) In general.--Subject to paragraph (3), a 
                State that after August 1 and on or before September 30 
                of a fiscal year obligates the amount distributed to 
                the State for the fiscal year under paragraph (2) may 
                obligate for Federal-aid highways and highway safety 
                construction programs on or before September 30 of the 
                fiscal year an additional amount not to exceed 5 
                percent of the aggregate amount of funds apportioned or 
                allocated to the State under sections 104 and 157 that 
                are not obligated on the date on which the State 
                completes obligation of the amount so distributed.
                    ``(B) Limitation on additional obligation 
                authority.--During the period August 2 through 
                September 30 of each fiscal year, the aggregate amount 
                that may be obligated by all States under subparagraph 
                (A) shall not exceed 2.5 percent of the aggregate 
                amount of funds apportioned or allocated to all States 
                under sections 104 and 157 that would not be obligated 
                in the fiscal year if the total amount of obligation 
                authority provided for the fiscal year were used.
                    ``(C) Limitation on applicability.--In the case of 
                a fiscal year, subparagraph (A) shall not apply to any 
                State that on or after August 1 of the fiscal year has 
                the amount distributed to the State under a limitation 
                for the fiscal year reduced under paragraph (3).
    ``(d) Maintenance of Overall Program Balance.--If a limitation on 
obligations is established for a fiscal year--
            ``(1) the Secretary shall determine the percentage by which 
        the limitation reduces the amount of funds that otherwise would 
be available for obligation by each State; and
            ``(2) notwithstanding sections 133, 144, and 149, for the 
        fiscal year, the amounts that are required to be made available 
        for use in the State under paragraphs (1) and (2) of section 
        133(d), the amounts that the State is required to reserve under 
        section 144, and the amounts subject to section 149, shall be 
        reduced by the percentage determined by the Secretary under 
        paragraph (1).''.
    (c) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code (as amended by section 102(b)), is amended by adding 
at the end the following:

``163. Rules for limitations on obligation authority.''.

                     TITLE II--PROGRAM STREAMLINING

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

    (a) Bridge Expenditures.--
            (1) In general.--Section 144 of title 23, United States 
        Code, is amended--
                    (A) by striking subsections (a) and (b) and 
                inserting the following:
    ``(a) Certification by the State.--Not later than 180 days after 
the end of each fiscal year beginning with fiscal year 1998, each State 
shall certify to the Secretary, either that--
            ``(1) the State has reserved, from funds apportioned to the 
        State for the preceding fiscal year, to carry out bridge 
        projects eligible under section 133(b), an amount that is not 
        less than the amount apportioned to the State under this 
        section for fiscal year 1997; or
            ``(2) the amount that the State will reserve, from funds 
        apportioned to the State for the period consisting of fiscal 
        years 1998 through 2003, to carry out bridge projects eligible 
        under section 133(b), will be not less than 6 times the amount 
        apportioned to the State under this section for fiscal year 
        1997.
    ``(b) Set-Asides.--
            ``(1) Discretionary bridge program.--
                    ``(A) In general.--On October 1 of each fiscal year 
                beginning with fiscal year 1998, before making any 
                apportionment under paragraph (1) or (3) of section 
                104(b), the Secretary shall set aside--
                            ``(i) $36,300,000 from the amount available 
                        for apportionments under section 104(b)(1); and
                            ``(ii) $24,200,000 from the amount 
                        available for apportionments under section 
                        104(b)(3).
                    ``(B) Use of set aside.--The amounts set aside 
                under subparagraph (A) shall be available for 
                obligation in the same manner and to the same extent as 
                sums apportioned under section 104(b)(3), except that 
                the amounts shall be obligated at the discretion of the 
                Secretary, in accordance with procedures to be 
                established by the Secretary, for bridge projects 
                eligible under section 133(b).'';
                    (B) by striking subsections (c) through (f) and (h) 
                through (p);
                    (C) by redesignating paragraphs (3) and (4) of 
                subsection (g) as paragraphs (2) and (3), respectively, 
                of subsection (b);
                    (D) by striking subsection (g);
                    (E) in subsection (q), by striking ``(q) As used 
                in'' and inserting ``(c) Definition of Rehabilitate.--
                In''; and
                    (F) in subsection (b) (as amended by subparagraph 
                (C))--
                            (i) in paragraph (2), by striking 
                        ``apportioned to each State in each of fiscal 
                        years 1987, 1988, 1989, 1990, 1991, 1992, 1993, 
                        1994, 1995, 1996, and 1997,'' and inserting 
                        ``reserved by each State under subsection (a) 
                        for each of fiscal years 1998 through 2003''; 
                        and
                            (ii) in paragraph (3)--
                                    (I) in the first sentence, by 
                                striking ``apportioned to'' and 
                                inserting ``reserved under subsection 
                                (a) by''; and
                                    (II) in the second sentence, by 
                                striking ``a State bridge apportionment 
                                and before transferring funds to the 
                                States,'' and inserting ``the amount to 
                                be reserved under subsection (a) for a 
                                fiscal year by a State described in the 
                                preceding sentence,''.
            (2) Conforming amendments.--
                    (A) Section 104(g) of title 23, United States Code, 
                is amended--
                            (i) in the first sentence--
                                    (I) by striking ``apportioned'' and 
                                inserting ``reserved'';
                                    (II) by striking ``to each State in 
                                accordance with'' and inserting ``by 
                                each State for the purposes of''; and
                                    (III) by striking ``apportionment'' 
                                each place it appears and inserting 
                                ``amount reserved'';
                            (ii) in the second sentence, by striking 
                        ``apportionment'' each place it appears and 
                        inserting ``amount reserved''; and
                            (iii) in the third sentence, by striking 
                        ``State's apportionment'' and inserting 
                        ``amount reserved by the State''.
                    (B) Section 115(c) of title 23, United States Code, 
                is amended by striking ``144,,''.
                    (C) Section 120(e) of title 23, United States Code, 
                is amended in the last sentence by striking ``and in 
                section 144 of this title''.
                    (D) Section 140(b) of title 23, United States Code, 
                is amended in the last sentence by striking ``and the 
                bridge program under section 144''.
                    (E) Section 151(d) of title 23, United States Code, 
                is amended by striking ``section 104(a), section 
                307(a), and section 144 of this title'' and inserting 
                ``sections 104(a) and 307(a)''.
                    (F) Section 307(c)(1) of title 23, United States 
                Code, is amended by striking ``sections 104 and 144 of 
                this title'' and inserting ``section 104''.
    (b) Safety Programs.--
            (1) Surface transportation program.--Section 133(d) of 
        title 23, United States Code, is amended by striking paragraph 
        (1) and inserting the following:
            ``(1) Safety programs.--
                    ``(A) Required set-aside.--With respect to funds 
                apportioned for each of fiscal years 1998 through 
                2003--
                            ``(i) an amount equal to 2.5 percent of the 
                        amount apportioned to a State under section 
                        104(b)(3) for fiscal year 1997 shall be 
                        available only to carry out activities eligible 
                        under section 130;
                            ``(ii) an amount equal to the amount 
                        described in clause (i) shall be available only 
                        to carry out activities eligible under section 
                        152; and
                            ``(iii) an amount equal to 5 percent of the 
                        amount apportioned to a State under section 
                        104(b)(3) for fiscal year 1997 shall be 
                        available only to carry out activities eligible 
                        under section 130 or 152.
                    ``(B) Waiver.--For a fiscal year, the Secretary 
                shall waive the set-aside required under clause (i) or 
                (ii) of subparagraph (A), and permit the amount of the 
                set-aside to be used in accordance with subparagraph 
                (A)(iii), upon receipt of a certification by the State 
                that the amount that will be made available for the 
                purpose of the waived set-aside for that fiscal year, 
                when combined with the amount made available for that 
                purpose for the preceding fiscal year, or the amount to 
                be made available for that purpose for the following 
                fiscal year, will average, per fiscal year, not less 
                than 2.5 percent of the amount apportioned to the State 
                under section 104(b)(3) for fiscal year 1997.''.
            (2) Program improvements.--Title 23, United States Code, is 
        amended--
                    (A) in section 130--
                            (i) in subsection (e), by striking the 
                        first sentence and inserting the following: 
                        ``Funds authorized for or expended under this 
                        section may be used for the installation of 
                        protective devices at railway-highway 
                        crossings.''; and
                            (ii) in subsection (f), by striking 
                        ``Apportionment'' and all that follows through 
                        the first sentence and inserting ``Federal 
                        Share.--''; and
                    (B) in section 152--
                            (i) in subsection (c), by striking ``(other 
                        than a highway on the Interstate System)''; and
                            (ii) in subsection (e), by striking the 
                        first sentence.
    (c) Transportation Enhancement Activities.--Section 133(d) of title 
23, United States Code, is amended by striking paragraph (2) and 
inserting the following:
            ``(2) Transportation enhancement activities.--With respect 
        to funds apportioned for each of fiscal years 1998 through 
        2003, an amount equal to 5 percent of the amount apportioned to 
        a State under section 104(b)(3) shall be available only to 
        carry out transportation enhancement activities.''.
    (d) Congestion Mitigation and Air Quality Improvement Activities.--
            (1) In general.--Section 149 of title 23, United States 
        Code, is amended--
                    (A) in the section heading, by striking ``program'' 
                and inserting ``activities'';
                    (B) by striking subsection (a) and inserting the 
                following:
    ``(a) Use of Funds.--Funds apportioned to a State under section 
104(b)(3)(D) may be used only in accordance with this section.'';
                    (C) in subsection (b), by striking ``Except'' and 
                all that follows through ``program only'' and inserting 
                ``Funds described in subsection (a) may be used only''; 
                and
                    (D) in subsection (c), by striking ``section 
                104(b)(2)'' and inserting ``section 104(b)(3)(D)''.
            (2) Conforming amendments.--
                    (A) The analysis for chapter 1 of title 23, United 
                States Code, is amended by striking the item relating 
                to section 149 and inserting the following:

``149. Congestion mitigation and air quality improvement activities.''.
                    (B) Section 115(a) of title 23, United States Code, 
                is amended--
                            (i) in the subsection heading, by striking 
                        ``Congestion Mitigation and Air Quality 
                        Improvement,''; and
                            (ii) in paragraph (1)(A)(i), by striking 
                        ``104(b)(2),''.
                    (C) Section 146(a) of title 23, United States Code, 
                is amended in the first sentence by striking 
                ``104(b)(2),'' and inserting ``104(b)(3)(D),''.
                    (D) Section 217 of title 23, United States Code, is 
                amended--
                            (i) in subsection (a)--
                                    (I) in the subsection heading, by 
                                striking ``STP and Congestion 
                                Mitigation Program'' and inserting 
                                ``Surface Transportation Program''; and
                                    (II) by striking ``sections 
                                104(b)(2) and 104(b)(3) of this title'' 
                                and inserting ``section 104(b)(3)''; 
                                and
                            (ii) in subsection (d), by striking 
                        ``sections 104(b)(2) and 104(b)(3) of this 
                        title'' and inserting ``section 104(b)(3)''.

SEC. 202. NATIONAL HIGHWAY SYSTEM.

    (a) Definition of National Highway System.--Section 101(a) of title 
23, United States Code, is amended by striking the undesignated 
paragraph defining ``National Highway System'' and inserting the 
following:
    ``The term `National Highway System' means the Federal-aid highway 
system established under section 103(b).''.
    (b) Program Specifications.--Section 103 of title 23, United States 
Code, is amended--
            (1) by striking the section designation and heading and 
        inserting the following:
``Sec. 103. National Highway System''
            (2) by striking subsections (g) and (h); and
            (3) by redesignating subsection (i) as subsection (c) and 
        moving the subsection to appear after subsection (b).
    (c) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
103 and inserting the following:

``103. National Highway System.''.

SEC. 203. INTERSTATE MAINTENANCE ACTIVITIES.

    (a) Funding of Activities.--Section 119 of title 23, United States 
Code, is amended--
            (1) in the section heading, by striking ``program'' and 
        inserting ``activities'';
            (2) in subsection (a)--
                    (A) in the first sentence--
                            (i) by striking ``sections 103 and 139(c) 
                        of this title and routes on the Interstate 
                        System designated before the date of enactment 
                        of this sentence under section 139(a) and (b) 
                        of''; and
                            (ii) by striking ``subsection (e)'' and 
                        inserting ``subsection (d)''; and
                    (B) by striking the second sentence;
            (3) by striking subsections (d), (f), and (g); and
            (4) by redesignating subsection (e) as subsection (d).
    (b) Conforming Amendments.--
            (1) The analysis for chapter 1 of title 23, United States 
        Code, is amended by striking the item relating to section 119 
        and inserting the following:

``119. Interstate maintenance activities.''
            (2) Sections 134(i)(4) and 135(f)(3) of title 23, United 
        States Code, are amended--
                    (A) by striking ``and pursuant to the bridge and 
                Interstate maintenance programs'' each place it appears 
                and inserting ``, pursuant to the bridge program under 
                section 144, and as Interstate maintenance activities 
                under section 119''; and
                    (B) by striking ``or pursuant to the bridge and 
                Interstate maintenance programs'' each place it appears 
                and inserting ``, pursuant to the bridge program under 
                section 144, or as Interstate maintenance activities 
                under section 119''.

SEC. 204. SURFACE TRANSPORTATION PROGRAM AMENDMENTS.

    Section 133 of title 23, United States Code, is amended--
            (1) in subsection (b), by adding at the end the following:
            ``(12) With respect to each area of a State that is a 
        nonattainment area under the Clean Air Act (42 U.S.C. 7401 et 
        seq.) for ozone or carbon monoxide, or for PM-10 resulting from 
        transportation activities, or for any combination of these 
        substances, also for any congestion mitigation and air quality 
        improvement project or program without regard to any limitation 
        of the Department of Transportation relating to the type of 
        ambient air quality standard addressed by the project or 
        program. For the purpose of this paragraph, an area that has 
        been designated as nonattainment for carbon monoxide under 
        section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) shall 
        be considered to be a nonattainment area regardless of whether 
        the area has been `classified' under subpart 3 of part D of 
        title I of that Act (42 U.S.C. 7512 et seq.).
            ``(13) Placement of funds in a State infrastructure bank 
        approved by the Secretary.'';
            (2) in subsection (c), by striking ``unless such roads are 
        on a Federal-aid highway system on January 1, 1991, and'';
            (3) in subsection (d)(3)--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) General rule.--
                            ``(i) Urban areas.--Except as provided in 
                        subparagraph (C), for each fiscal year, a State 
                        shall allocate for use in each area of the 
                        State with an urbanized area population of over 
                        200,000 individuals an amount of the funds 
                        apportioned under section 104(b)(3) for the 
                        fiscal year obtained by multiplying--
                                    ``(I)(aa) if funds were allocated 
                                for use in the area under the surface 
                                transportation program for fiscal year 
                                1997, the amount of such funds required 
                                to be allocated for use in the area for 
                                that year; or
                                    ``(bb) if funds were not allocated 
                                for use in the area under the surface 
                                transportation program for fiscal year 
                                1997, the amount of such funds that 
                                would have been required to be 
                                allocated for use in the area for 
                                fiscal year 1997 if the area had had an 
                                urbanized area population of 200,001 
                                individuals as of October 1, 1996; by
                                    ``(II) the amount obtained by 
                                dividing--
                                            ``(aa) all funds 
                                        apportioned or allocated to the 
                                        State for Federal-aid highways 
                                        and highway safety construction 
                                        programs for the fiscal year; 
                                        by
                                            ``(bb) all funds 
                                        apportioned or allocated to the 
                                        State for Federal-aid highways 
                                        and highway safety construction 
                                        programs for fiscal year 1997.
                            ``(ii) Other areas.--Except as provided in 
                        subparagraph (C), for each fiscal year, a State 
                        shall allocate for use in each area of the 
                        State that is not an area described in clause 
                        (i) an amount of the funds apportioned under 
                        section 104(b)(3) for the fiscal year obtained 
                        by multiplying--
                                    ``(I) the amount of funds required 
                                to be allocated for use in the area 
                                under the surface transportation 
                                program for fiscal year 1997; by
                                    ``(II) the amount obtained by 
                                dividing--
                                            ``(aa) all funds 
                                        apportioned or allocated to the 
                                        State for Federal-aid highways 
                                        and highway safety construction 
                                        programs for the fiscal year; 
                                        by
                                            ``(bb) all funds 
                                        apportioned or allocated to the 
                                        State for Federal-aid highways 
                                        and highway safety construction 
                                        programs for fiscal year 
                                        1997.'';
                    (B) in subparagraph (B), by striking ``subparagraph 
                (A)(ii)'' and inserting ``this section'';
                    (C) by striking subparagraph (C) and inserting the 
                following:
                    ``(C) Special rule for certain states.--
                Subparagraph (A) shall not apply in the case of a State 
                that is noncontiguous with the continental United 
                States.'';
                    (D) by striking subparagraph (D);
                    (E) by redesignating subparagraph (E) as 
                subparagraph (D); and
                    (F) in subparagraph (D) (as so redesignated)--
                            (i) by striking ``obligate'' each place it 
                        appears and inserting ``allocate'';
                            (ii) by striking ``(A)(i)'' each place it 
                        appears and inserting ``(A)''; and
                            (iii) by striking ``obligated'' and 
                        inserting ``allocated'';
            (4) in subsection (e), by striking paragraph (2) and 
        inserting the following:
            ``(2) Certification.--Before the beginning of each fiscal 
        year, the Governor of each State shall certify to the Secretary 
        that the State will meet all the requirements of this section 
        and shall notify the Secretary that the amount of obligations 
        expected to be incurred for surface transportation program 
        projects during the fiscal year is in accordance with the 
        surveys, plans, specifications, and estimates for each proposed 
        project included in the surface transportation program category 
        in the transportation improvement program of the State 
        developed under section 135 for the fiscal year. A State may 
        request an adjustment to an obligation amount referred to in 
        subparagraph (A)(ii) later in the fiscal year. Acceptance by 
        the Secretary of the notification and certification shall be 
        deemed to be a contractual obligation of the United States to 
        pay the Federal share of costs incurred by the State for 
        projects not subject to review by the Secretary under this 
        chapter.''; and
            (5) in subsection (f)--
                    (A) by striking ``6-fiscal year period 1992 through 
                1997'' and inserting ``6-fiscal-year period 1998 
                through 2003''; and
                    (B) by striking ``obligate in'' each place it 
                appears and inserting ``allocate to''.

SEC. 205. CONFORMING AMENDMENTS TO DISCRETIONARY PROGRAMS.

    (a) Operation Lifesaver.--Section 104 of title 23, United States 
Code, is amended by striking subsection (d) and inserting the 
following:
    ``(d) Operation Lifesaver.--From administrative funds deducted 
under subsection (a), the Secretary shall expend $500,000 for each 
fiscal year to carry out a public information and education program to 
help prevent and reduce motor vehicle accidents, injuries, and 
fatalities and to improve driver performance at railway-highway 
crossings.''.
    (b) Repeal of Set-Asides for the Interstate and National Highway 
System Discretionary Programs.--Section 118 of title 23, United States 
Code, is amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsections (d), (e), and (f) as 
        subsections (c), (d), and (e), respectively.

SEC. 206. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM.

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

``SEC. 206. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM.

    ``(a) Findings and Purpose.--
            ``(1) Findings.--Congress finds that public roads owned by 
        States--
                    ``(A) can provide valuable assistance to the 
                Federal Government in ensuring adequate and safe 
                transportation to, in, and across federally owned land 
                and Indian reservations; and
                    ``(B) supplement the efforts of the Federal 
                Government in developing and maintaining roads to serve 
                federally owned land and Indian reservations.
            ``(2) Purpose.--The purpose of this section is to further 
        the Federal interest in State-owned or State-maintained roads 
        that provide transportation to, in, or across federally owned 
        land or Indian reservations by establishing the Cooperative 
        Federal Lands Transportation Program.
    ``(b) Program.--There is established the Cooperative Federal Lands 
Transportation Program (referred to in this section as the `program'). 
Funds available for the program may be used for projects, or portions 
of projects, on State-owned or State-maintained highways that cross, 
are adjacent to, or lead to federally owned land or Indian 
reservations, as determined by the State. Such projects shall be 
proposed by a State and selected by the Secretary. A project proposed 
by a State under this section shall be on a highway owned or maintained 
by the State and may be a highway construction or maintenance project 
eligible under this title or any project of a type described in section 
204(h).
    ``(c) Distribution of Funds for Projects.--
            ``(1) In general.--
                    ``(A) In general.--The Secretary--
                            ``(i) after consultation with the 
                        Administrator of General Services, the 
                        Secretary of the Interior, and other agencies 
                        as appropriate, shall determine the percentage 
                        of the total land in each State that is owned 
                        by the Federal Government or that is held by 
                        the Federal Government in trust;
                            ``(ii) shall determine the sum of the 
                        percentages determined under clause (i) for 
                        States with respect to which the percentage is 
                        4.5 or greater; and
                            ``(iii) shall determine for each State 
                        included in the determination under clause (ii) 
                        the percentage obtained by dividing--
                                    ``(I) the percentage for the State 
                                determined under clause (i); by
                                    ``(II) the sum determined under 
                                clause (ii).
                    ``(B) Adjustment.--The Secretary shall--
                            ``(i) reduce any percentage determined 
                        under subparagraph (A)(iii) that is greater 
                        than 7.5 percent to 7.5 percent; and
                            ``(ii) redistribute the percentage points 
                        equal to any reduction under clause (i) among 
                        other States included in the determination 
                        under subparagraph (A)(ii) in proportion to the 
                        percentages for those States determined under 
                        subparagraph (A)(iii).
            ``(2) Availability to states.--Except as provided in 
        paragraph (3), for each fiscal year, the Secretary shall make 
        funds available to carry out eligible projects in a State in an 
        amount equal to the amount obtained by multiplying--
                    ``(A) the percentage for the State, if any, 
                determined under paragraph (1); by
                    ``(B) the funds made available for the program for 
                the fiscal year.
            ``(3) Selection of projects.--The Secretary may establish 
        deadlines for States to submit proposed projects for funding 
        under this section, except that in the case of fiscal year 1998 
        the deadline may not be earlier than January 1, 1998. For each 
        fiscal year, if a State does not have pending, by that 
        deadline, applications for projects with an estimated cost 
        equal to at least 3 times the amount for the State determined 
        under paragraph (2), the Secretary may distribute, to 1 or more 
        other States, at the Secretary's discretion, \1/3\ of the 
        amount by which the estimated cost of the State's applications 
        is less than 3 times the amount for the State determined under 
        paragraph (2).
    ``(d) Transfers.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, a State and the Secretary may agree to transfer amounts 
        made available to a State under this section for use in 
        carrying out projects on any Federal lands highway that is 
        located in the State.
            ``(2) Special rule.--This paragraph applies to a State that 
        contains a national park that was visited by more than 
        2,500,000 people in 1996 and comprises more than 3,000 square 
        miles of land area, including surface water, that is located in 
        the State. For such a State, 50 percent of the amount that 
        would otherwise be made available to the State for each fiscal 
        year under the program shall be made available only for 
        eligible highway uses in the national park and within the 
        borders of the State. For the purpose of making allocations 
        under section 202(c), the Secretary may not take into account 
        the past or future availability, for use on park roads and 
        parkways in a national park, of funds made available for use in 
        a national park by this paragraph.''.
    (b) Definition of Federal Lands Highway Investment.--Section 101(a) 
of title 23, United States Code, is amended--
            (1) by adding at the end the following:
    ``The term `Federal lands highway investment' means funds 
authorized for the Federal lands highways program or the Cooperative 
Federal Lands Transportation Program under chapter 2.''; and
            (2) by reordering the undesignated paragraphs so that they 
        are in alphabetical order.
    (c) Conforming Amendment.--The analysis for chapter 2 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 205 the following:

``206. Cooperative Federal Lands Transportation Program.''.

                   TITLE III--REDUCTION OF REGULATION

SEC. 301. PERIODIC REVIEW OF AGENCY RULES

    (a) In General.--The Secretary of Transportation shall carry out a 
periodic review of all significant rules issued by the Department of 
Transportation and shall determine which of the rules should be 
amended, rescinded, or continued without change, based on a 
consideration of--
            (1) the continued need for each rule; and
            (2) the extent to which the rule overlaps, duplicates, or 
        conflicts with other Federal rules.
    (b) Plan.--Not later than 60 days after the date of enactment of 
this Act, the Secretary shall develop and publish in the Federal 
Register a plan for the periodic review of all significant rules issued 
by the Department of Transportation.

SEC. 302. PLANNING AND PROGRAMMING.

    Section 135 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(i) Continuation of Current Review Practice.--Since plans and 
programs described in this section are subject to a reasonable 
opportunity for public comment, since individual projects included in 
the plans and programs are subject to review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since 
decisions by the Secretary concerning plans and programs described in 
this section have not been reviewed under that Act as of January 1, 
1997, any decision by the Secretary concerning a plan or program 
described in this section shall not be considered to be a Federal 
action subject to review under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).''.

SEC. 303. METRIC CONVERSION AT STATE OPTION.

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

               TITLE IV--EFFECTIVE DATE; TRANSITION RULES

SEC. 401. EFFECTIVE DATE; TRANSITION RULES.

    (a) In General.--Except as otherwise provided in this Act, this Act 
and the amendments made by this Act take effect on the date of 
enactment of this Act.
    (b) Funds.--Except as otherwise provided in this Act, this Act and 
the amendments made by this Act shall apply only to funds authorized to 
be appropriated or made available after September 30, 1997.
    (c) Unobligated Balances.--Section 118 of title 23, United States 
Code (as amended by section 205(b)), is amended by adding at the end 
the following:
    ``(f) Unobligated Balances as of October 1, 1997.--
            ``(1) In general.--Except as otherwise provided by law, 
        unobligated balances of funds apportioned or allocated to a 
        State before October 1, 1997, under this title, the Intermodal 
        Surface Transportation Efficiency Act of 1991 (Public Law 102-
        240), or other law concerning Federal-aid highways, shall be 
        available for obligation in the State under the law (including 
        regulations, policies, and procedures) relating to the 
        obligation and expenditure of the funds in effect on September 
        30, 1997.
            ``(2) Transferability.--
                    ``(A) Interstate construction and interstate 
                maintenance programs.--A State may transfer unobligated 
                balances of funds apportioned to the State before 
                October 1, 1997, for the Interstate construction 
                program under section 104(b)(5)(A) (as in effect on the 
                day before the date of enactment of this subsection) or 
                the Interstate maintenance program under section 
                104(b)(5)(B) (as in effect on the day before the date 
                of enactment of this subsection), to the apportionment 
                of the State under section 104(b)(1).
                    ``(B) Bridge replacement and rehabilitation 
                program.--A State may transfer unobligated balances of 
                funds apportioned to the State before October 1, 1997, 
                for the bridge replacement and rehabilitation program 
                under section 144 (as in effect on the day before the 
                date of enactment of this subsection) to the 
                apportionment of the State under paragraph (1) or (3) 
                of section 104(b) (or both).
                    ``(C) Surface transportation program.--A State may 
                transfer unobligated balances of funds apportioned to 
                the State before October 1, 1997, for the surface 
                transportation program under section 104(b)(3) (as in 
                effect on the day before the date of enactment of this 
                subsection) to the apportionment of the State under 
                section 104(b)(3).
                    ``(D) Other programs.--A State may transfer 
                unobligated balances of funds apportioned or allocated 
                to the State before October 1, 1997, under sections 157 
                and 160 (as in effect on the day before the date of 
                enactment of this subsection), and sections 1013(c) and 
                1015(b) of the Intermodal Surface Transportation 
                Efficiency Act of 1991 (Public Law 102-240) (as in 
                effect on the day before the date of enactment of this 
                subsection), to the apportionment of the State under 
                section 104(b)(3).
                    ``(E) Applicability of certain laws.--Funds 
                transferred under this paragraph shall be subject to 
                the laws (including regulations, policies, and 
                procedures) relating to the apportionment to which the 
                funds are transferred as the laws are in effect after 
                the date of enactment of this subsection, except that a 
                transfer of funds permitted under this paragraph shall 
                not extend the time period within which the transferred 
                funds either must be obligated or lapse.
                    ``(F) Effect on certain determinations.--A decision 
                by a State to transfer funds under this paragraph shall 
                have no effect on any determination of the 
                apportionments or obligation authority of the State.''.
                                 <all>