[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3132 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 3132

  To improve the economy and the quality of life for all citizens by 
  authorizing funds for Federal-aid highways, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 17, 2002

   Mr. Baucus (for himself, Mr. Crapo, and Mr. Craig) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To improve the economy and the quality of life for all citizens by 
  authorizing funds for Federal-aid highways, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Maximum Economic Growth for America 
Through Highway Funding Act'' or the ``MEGA Fund Act''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    (a) Programs Subject to Minimum Guarantee.--The following sums are 
authorized to be appropriated out of the Highway Trust Fund (other than 
the Mass Transit Account):
            (1) Interstate maintenance program.--For the Interstate 
        maintenance program under section 119 of title 23, United 
        States Code, $4,864,000,000 for fiscal year 2004, 
        $5,020,000,000 for fiscal year 2005, $5,176,000,000 for fiscal 
        year 2006, $5,333,000,000 for fiscal year 2007, $5,645,000,000 
        for fiscal year 2008, and $5,958,000,000 for fiscal year 2009.
            (2) National highway system.--For the National Highway 
        System under section 103(b) of title 23, United States Code, 
        $5,836,000,000 for fiscal year 2004, $6,024,000,000 for fiscal 
        year 2005, $6,212,000,000 for fiscal year 2006, $6,399,000,000 
        for fiscal year 2007, $6,774,000,000 for fiscal year 2008, and 
        $7,150,000,000 for fiscal year 2009.
            (3) Bridge program.--For the bridge program under section 
        144 of title 23, United States Code, $4,173,000,000 for fiscal 
        year 2004, $4,307,000,000 for fiscal year 2005, $4,442,000,000 
        for fiscal year 2006, $4,576,000,000 for fiscal year 2007, 
        $4,844,000,000 for fiscal year 2008, and $5,112,000,000 for 
        fiscal year 2009.
            (4) Surface transportation program.--For the surface 
        transportation program under section 133 of title 23, United 
        States Code, $6,809,000,000 for fiscal year 2004, 
        $7,028,000,000 for fiscal year 2005, $7,247,000,000 for fiscal 
        year 2006, $7,466,000,000 for fiscal year 2007, $7,903,000,000 
        for fiscal year 2008, and $8,341,000,000 for fiscal year 2009.
            (5) Congestion mitigation and air quality improvement 
        program.--For the congestion mitigation and air quality 
        improvement program under section 149 of title 23, United 
        States Code, $1,654,000,000 for fiscal year 2004, 
        $1,707,000,000 for fiscal year 2005, $1,760,000,000 for fiscal 
        year 2006, $1,813,000,000 for fiscal year 2007, $1,919,000,000 
        for fiscal year 2008, and $2,026,000,000 for fiscal year 2009.
            (6) Appalachian development highway system program.--For 
        the Appalachian development highway system program under 
        section 14501 of title 40, United States Code, $450,000,000 for 
        each of fiscal years 2004 through 2009.
            (7) Recreational trails program.--For the recreational 
        trails program under section 206 of title 23, United States 
        Code, $75,000,000 for each of fiscal years 2004 through 2009.
            (8) High priority projects program.--For the high priority 
        projects program under section 117 of title 23, United States 
        Code, $1,000,000,000 for each of fiscal years 2004 through 
        2009.
    (b) Assistance in Overcoming Economic and Demographic Barriers.--
For the program to provide assistance in overcoming economic and 
demographic barriers under section 139 of title 23, United States Code, 
there is authorized to be appropriated out of the Highway Trust Fund 
(other than the Mass Transit Account) $2,000,000,000 for each of fiscal 
years 2004 through 2009.
    (c) Additional Programs.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Federal lands highways program.--
                    (A) Indian reservation roads.--For Indian 
                reservation roads under section 204 of title 23, United 
                States Code, $300,000,000 for each of fiscal years 2004 
                through 2009.
                    (B) Public lands highways.--For public lands 
                highways under section 204 of title 23, United States 
                Code, $350,000,000 for each of fiscal years 2004 
                through 2009.
                    (C) Park roads and parkways.--For park roads and 
                parkways under section 204 of title 23, United States 
                Code, $300,000,000 for each of fiscal years 2004 
                through 2009.
                    (D) Refuge roads.--For refuge roads under section 
                204 of title 23, United States Code, $35,000,000 for 
                each of fiscal years 2004 through 2009.
            (2) National corridor planning and development program.--
        For the national corridor planning and development program 
        under section 1118 of the Transportation Equity Act for the 
        21st Century (23 U.S.C. 101 note; 112 Stat. 161) $100,000,000 
        for each of fiscal years 2004 through 2009.
            (3) Coordinated border infrastructure program.--For the 
        coordinated border infrastructure program under section 1119 of 
        the Transportation Equity Act for the 21st Century (23 U.S.C.  
101 note; 112 Stat. 163) $100,000,000 for each of fiscal years 2004 
through 2009.
            (4) Construction of ferry boats and ferry terminal 
        facilities.--For construction of ferry boats and ferry terminal 
        facilities under section 1064 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105 
        Stat. 2005) $50,000,000 for each of fiscal years 2004 through 
        2009.
            (5) National scenic byways program.--For the national 
        scenic byways program under section 162 of title 23, United 
        States Code, $30,000,000 for each of fiscal years 2004 through 
        2009.
            (6) Highway use tax evasion projects.--For highway use tax 
        evasion projects under section 143 of title 23, United States 
        Code, $40,000,000 for each of fiscal years 2004 through 2009.
            (7) Commonwealth of puerto rico highway program.--For the 
        Commonwealth of Puerto Rico highway program under section 
        1214(r) of the Transportation Equity Act for the 21st Century 
        (112 Stat. 209) $130,000,000 for each of fiscal years 2004 
        through 2009.
    (d) Transportation and Community and System Preservation Pilot 
Program.--Section 1221(e)(1) of the Transportation Equity Act for the 
21st Century (23 U.S.C. 101 note; 112 Stat. 223) is amended--
            (1) by striking ``1999 and'' and inserting ``1999,''; and
            (2) by inserting before the period at the end the 
        following: ``, and $50,000,000 for each of fiscal years 2004 
        through 2009''.
    (e) National Historic Covered Bridge Preservation.--Section 1224(d) 
of the Transportation Equity Act for the 21st Century (112 Stat. 837) 
is amended by striking ``2003'' and inserting ``2009''.
    (f) Safety Incentive Grants for Use of Seat Belts.--Section 
157(g)(1) of title 23, United States Code, is amended--
            (1) by striking ``2002, and'' and inserting ``2002,''; and
            (2) by inserting before the period at the end the 
        following: ``, and $115,000,000 for each of fiscal years 2004 
        through 2009''.
    (g) Research Programs.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Surface transportation research.--For carrying out 
        sections 502, 506, 507, and 508 of title 23, United States 
        Code, $103,000,000 for each of fiscal years 2004 through 2009.
            (2) Technology deployment program.--For carrying out 
        section 503 of title 23, United States Code, $50,000,000 for 
        each of fiscal years 2004 through 2009.
            (3) Training and education.--For carrying out section 504 
        of title 23, United States Code, $20,000,000 for each of fiscal 
        years 2004 through 2009.
            (4) Bureau of transportation statistics.--For the Bureau of 
        Transportation Statistics to carry out section 111 of title 49, 
        United States Code, $31,000,000 for each of fiscal years 2004 
        through 2009.
            (5) ITS standards, research, operational tests, and 
        development.--For carrying out sections 5204, 5205, 5206, and 
        5207 of the Transportation Equity Act for the 21st Century (23 
        U.S.C. 502 note; 112 Stat. 453) $110,000,000 for each of fiscal 
        years 2004 through 2009.
            (6) ITS deployment.--For carrying out sections 5208 and 
        5209 of the Transportation Equity Act for the 21st Century (23 
        U.S.C. 502 note; 112 Stat. 458) $140,000,000 for each of fiscal 
        years 2004 through 2009.
            (7) University transportation research.--For carrying out 
        section 5505 of title 49, United States Code, $32,000,000 for 
        each of fiscal years 2004 through 2009.
    (h) Future Strategic Highway Research Program.--Section 104 of 
title 23, United States Code, is amended by adding at the end the 
following:
    ``(m) Future Strategic Highway Research Program.--
            ``(1) Deductions.--For each of fiscal years 2004 through 
        2009, whenever an apportionment is made of the sums made 
        available for expenditure on each of the surface transportation 
        program under section 133, the bridge program under section 
        144, the congestion mitigation and air quality improvement 
        program under section 149, and the Interstate and National 
        Highway System program, the Secretary shall make proportionate 
        deductions from those programs, in a total amount equal to 
        $75,000,000, to be used to pay the costs of a future strategic 
        highway research program established under paragraph (2).
            ``(2) Program.--The Secretary shall establish and carry out 
        a future strategic highway research program.
            ``(3) Federal share.--The Federal share of the cost of a 
        project carried out under the future strategic highway research 
        program shall be 80 percent (unless the Secretary determines 
        otherwise with respect to a project).
            ``(4) Availability of amounts.--The amounts deducted under 
        paragraph (1) shall be available for obligation in the same 
        manner as if the funds were apportioned under this chapter, 
        except that the funds shall remain available until expended.''.
    (i) Magnetic Levitation Transportation Technology Deployment 
Program.--Section 322(h)(1)(B)(i) of title 23, United States Code, is 
amended--
            (1) by striking ``2002, and'' and inserting ``2002,''; and
            (2) by inserting before the period at the end the 
        following: ``, and such sums as are necessary for fiscal year 
        2004 and each fiscal year thereafter''.
    (j) TIFIA.--Section 188 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(E), by striking ``fiscal year 
                2003'' and inserting ``each of fiscal years 2003 
                through 2009''; and
                    (B) in paragraph (2), by striking ``2003'' and 
                inserting ``2009''; and
            (2) in the table contained in subsection (c), by striking 
        the item relating to fiscal year 2003 and inserting the 
        following:

  ``2003.............................................   $2,600,000,000 
  ``2004.............................................   $2,600,000,000 
  ``2005.............................................   $2,600,000,000 
  ``2006.............................................   $2,600,000,000 
  ``2007.............................................   $2,600,000,000 
  ``2008.............................................   $2,600,000,000 
  ``2009.............................................$2,600,000,000.''.

SEC. 3. OBLIGATION CEILING.

    (a) In General.--Section 1102 of the Transportation Equity Act for 
the 21st Century (23 U.S.C. 104 note; 112 Stat. 115) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(7) $34,000,000,000 for fiscal year 2004;
            ``(8) $35,000,000,000 for fiscal year 2005;
            ``(9) $36,000,000,000 for fiscal year 2006;
            ``(10) $37,000,000,000 for fiscal year 2007;
            ``(11) $39,000,000,000 for fiscal year 2008; and
            ``(12) $41,000,000,000 for fiscal year 2009.'';
            (2) in subsection (b)(8), by striking ``through 2007'' and 
        inserting ``through 2009'';
            (3) in subsection (c)--
                    (A) by striking ``For each of fiscal years 1998 
                through 2003,'' and inserting ``Except as otherwise 
                provided, for fiscal year 1998 and each fiscal year 
                thereafter,'';
                    (B) in paragraph (1)--
                            (i) by striking ``Code, and amounts'' and 
                        inserting ``Code, amounts''; and
                            (ii) by inserting before the semicolon at 
                        the end the following: ``or, for fiscal year 
                        2004 and each fiscal year thereafter, amounts 
                        authorized for the Indian reservation roads 
                        program under section 204 of title 23, United 
                        States Code''; and
                    (C) in paragraph (5), by striking ``this Act'' and 
                inserting ``this Act, the Maximum Economic Growth for 
                America Through Highway Funding Act,'';
            (4) in subsection (d), by striking ``2003'' and inserting 
        ``2009'';
            (5) in subsection (e)--
                    (A) by striking ``Obligation'' and inserting the 
                following:
            ``(1) In general.--Obligation'';
                    (B) in paragraph (1) (as designated by subparagraph 
                (A)), by striking ``and under title V of this Act'' and 
                inserting ``under title V of this Act, and under the 
                Maximum Economic Growth for America Through Highway 
                Funding Act''; and
                    (C) by adding at the end the following:
            ``(2) Limitation for fiscal years 2004 through 2009.--
        Notwithstanding any other provision of law, the total of all 
        obligations from amounts made available from the Highway Trust 
        Fund (other than the Mass Transit Account) by section 2(f) of 
        the Maximum Economic Growth for America Through Highway Funding 
        Act, and section 104(m) of title 23, United States Code, shall 
        not exceed $561,000,000 for each of fiscal years 2004 through 
        2009.'';
            (6) in the first sentence of subsection (f), by striking 
        ``2003'' and inserting ``2009'';
            (7) in subsection (h)--
                    (A) by striking ``Limitations on obligations 
                imposed by subsection (a)'' and inserting the 
                following:
            ``(1) Fiscal years 1998 through 2003.--Limitations on 
        obligations imposed by paragraphs (1) through (6) of subsection 
        (a)''; and
                    (B) by adding at the end the following:
            ``(2) Fiscal years 2004 through 2009.--
                    ``(A) In general.--Limitations on obligations 
                imposed by paragraphs (7) through (12) of subsection 
                (a) for a fiscal year shall be increased by an amount 
                equal to the amount of any increase for the fiscal year 
                determined under section 4(b)(5) of the Maximum 
                Economic Growth for America Through Highway Funding 
                Act.
                    ``(B) Distribution of increases.--Any increase 
                under subparagraph (A) shall be distributed in 
                accordance with this section.''; and
            (8) in subsection (i)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(7) $450,000,000 for fiscal year 2004;
            ``(8) $470,000,000 for fiscal year 2005;
            ``(9) $490,000,000 for fiscal year 2006;
            ``(10) $510,000,000 for fiscal year 2007;
            ``(11) $530,000,000 for fiscal year 2008; and
            ``(12) $550,000,000 for fiscal year 2009.''.
    (b) Deduction for Administrative Expenses.--Section 104(a)(1) of 
title 23, United States Code, is amended--
            (1) by inserting ``the lesser of'' after ``in an amount not 
        to exceed'';
            (2) in subparagraph (A)--
                    (A) by redesignating clauses (i) and (ii) as 
                subclauses (I) and (II), respectively, and indenting 
                appropriately; and
                    (B) by striking ``(A) 1\1/6\ percent'' and 
                inserting the following:
                    ``(A) the sum of--
                            ``(i) 1\1/6\ percent'';
            (3) by striking ``(B) one-third'' and inserting the 
        following:
                            ``(ii) one-third'';
            (4) in subparagraph (A)(ii) (as so designated), by striking 
        the period at the end and inserting ``; or''; and
            (5) by adding at the end the following:
                    ``(B) the amount specified for the applicable 
                fiscal year in section 1102(i) of the Transportation 
                Equity Act for the 21st Century (23 U.S.C. 104 note; 
                112 Stat. 118) for use as described in subparagraph 
                (A).''.

SEC. 4. RELIABLE HIGHWAY PROGRAM LEVELS; REVISIONS TO REVENUE ALIGNED 
              BUDGET AUTHORITY.

    (a) Sense of the Senate Relating to Reform of Revenue Aligned 
Budget Authority.--
            (1) Findings.--The Senate finds that--
                    (A) the experience under the Transportation Equity 
                Act for the 21st Century (112 Stat. 107) with respect 
                to revenue aligned budget authority (referred to in 
                this subsection as ``RABA'') has been that, while RABA 
                has produced increases in highway program obligation 
                levels in some fiscal years, RABA also--
                            (i) has allowed the balance in the Highway 
                        Trust Fund (other than the Mass Transit 
                        Account) to grow since the date of enactment of 
                        the Transportation Equity Act for the 21st 
                        Century;
                            (ii) does not provide a mechanism to allow 
                        that balance to be expended for the benefit of 
                        the public; and
                            (iii) has resulted in unexpectedly large 
                        annual differences, or estimated differences, 
                        in highway program obligation authority as 
                        compared with the levels specified in section 
                        1102 of the Transportation Equity Act for the 
                        21st Century (23 U.S.C. 104 note; 112 Stat. 
                        115); and
                    (B) Congress has taken legislative action to reject 
                the implementation of estimates that would have 
                resulted in ``negative'' RABA.
            (2) Sense of the senate.--It is the sense of the Senate 
        that the provisions of budget legislation pertaining to the 
        highway program should be amended--
                    (A) to improve predictability and stability in the 
                levels of highway program obligation authority;
                    (B) to facilitate the expenditure of funds in the 
                Highway Trust Fund (other than the Mass Transit 
                Account); and
                    (C) to eliminate the possibility of reductions in 
                the levels of highway program obligation authority 
                being imposed automatically, so that any reductions are 
                solely the prerogative of Congress.
    (b) Reliable Highway Program Levels.--
            (1) In general.--Notwithstanding any other provision of 
        law, no spending limits other than the spending limits 
        specified in this subsection may be imposed, for any of fiscal 
        years 2004 through 2009, on budget accounts or portions of 
        budget accounts that are subject to the obligation limitations 
        and the exemptions from obligation limitations that are 
        specified in section 1102 of the Transportation Equity Act for 
        the 21st Century (23 U.S.C. 104 note; 112 Stat. 115).
            (2) Amount of obligation authority.--For each of fiscal 
        years 2004 through 2009, the limitation on obligation authority 
        for the budget accounts described in paragraph (1) shall be 
        equal to the sum of--
                    (A) the limitation for that fiscal year specified 
                in section 1102(a) of the Transportation Equity Act for 
                the 21st Century;
                    (B) all amounts exempt from that limit under 
                section 1102(b) of that Act; and
                    (C) the amount of any increase for the fiscal year 
                under paragraph (5).
            (3) Outlays.--For each of fiscal years 2004 through 2009, 
        the limitation on outlays for the budget accounts described in 
        paragraph (1) shall be the level of outlays necessary to 
        accommodate outlays resulting from obligations for that fiscal 
        year under paragraph (2) and obligations from prior fiscal 
        years.
            (4) Annual report on estimated balance in highway 
        account.--In the submission by the President of the budget of 
        the United States Government under section 1105 of title 31, 
        United States Code, for each of fiscal years 2005 through 2009, 
        the President shall include an estimate of the balance that 
        will be in the Highway Account of the Highway Trust Fund (as 
        defined in section 9503(e)(5)(B) of the Internal Revenue Code 
        of 1986) at the end of fiscal year 2009.
            (5) Increase based on fund balance.--
                    (A) Estimate for fiscal year 2005.--In the 
                submission by the President of the budget of the United 
                States Government under section 1105 of title 31, 
                United States Code, for fiscal year 2005, if the 
                estimate described in paragraph (4) is that, but for 
                this subparagraph, the balance in the Highway Account 
                of the Highway Trust Fund at the end of fiscal year 
                2009 will be in excess of $7,000,000,000, the amount 
                specified in section 1102(a)(8) of the Transportation 
                Equity Act for the 21st Century shall be deemed to have 
                been increased by an amount equal to 50 percent of the 
                amount of the estimated excess.
                    (B) Estimate for fiscal year 2006.--In the 
                submission by the President of the budget of the United 
                States Government under section 1105 of title 31, 
                United States Code, for fiscal year 2006, if the 
                estimate described in paragraph (4) is that, but for 
                this subparagraph, the balance in the Highway Account 
                of the Highway Trust Fund at the end of fiscal year 
                2009 will be in excess of $6,500,000,000, the amount 
                specified in section 1102(a)(9) of the Transportation 
                Equity Act for the 21st Century shall be deemed to have 
                been increased by an amount equal to 50 percent of the 
                amount of the estimated excess.
                    (C) Estimate for fiscal year 2007.--In the 
                submission by the President of the budget of the United 
                States Government under section 1105 of title 31, 
                United States Code, for fiscal year 2007, if the 
                estimate described in paragraph (4) is that, but for 
                this subparagraph, the balance in the Highway Account 
                of the Highway Trust Fund at the end of fiscal year 
                2009 will be in excess of $6,000,000,000, the amount 
                specified in section 1102(a)(10) of the Transportation 
                Equity Act for the 21st Century shall be deemed to have 
                been increased by an amount equal to 50 percent of the 
                amount of the estimated excess.
                    (D) Estimate for fiscal year 2008.--In the 
                submission by the President of the budget of the United 
                States Government under section 1105 of title 31, 
                United States Code, for fiscal year 2008, if the 
                estimate described in paragraph (4) is that, but for 
                this subparagraph, the balance in the Highway Account 
                of the Highway Trust Fund at the end of fiscal year 
                2009 will be in excess of $5,500,000,000, the amount 
                specified in section 1102(a)(11) of the Transportation 
                Equity Act for the 21st Century shall be deemed to have 
                been increased by an amount equal to 50 percent of the 
                amount of the estimated excess.
                    (E) Estimate for fiscal year 2009.--In the 
                submission by the President of the budget of the United 
                States Government under section 1105 of title 31, 
                United States Code, for fiscal year 2009, if the 
                estimate described in paragraph (4) is that, but for 
                this subparagraph, the balance in the Highway Account 
                of the Highway Trust Fund at the end of fiscal year 
                2009 will be in excess of $5,000,000,000, the amount 
                specified in section 1102(a)(12) of the Transportation 
                Equity Act for the 21st Century shall be deemed to have 
                been increased by an amount equal to the amount of the 
                estimated excess.
            (6) No effect on byrd rule.--Nothing in this subsection 
        affects section 9503(d) of the Internal Revenue Code of 1986.
    (c) Sense of the Senate Supporting Reliable Program Levels in 
Additional Budget Accounts.--It is the sense of the Senate that the Act 
reauthorizing highway, highway safety, and transit programs for fiscal 
years beginning with fiscal year 2004 should include, in addition to 
the budgetary protections for the highway program provided under 
subsection (b), appropriate budgetary protections for highway safety 
and transit programs.
    (d) Conforming Amendments to Revenue Aligned Budget Authority.--
Section 110 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by inserting ``for fiscal years 2000 
                        through 2003'' after ``Allocation''; and
                            (ii) by striking ``fiscal year 2000 and 
                        each fiscal year thereafter'' and inserting 
                        ``each of fiscal years 2000 through 2003'';
                    (B) in paragraph (2)--
                            (i) by inserting ``for fiscal years 2001 
                        through 2003'' after ``Reduction''; and
                            (ii) by striking ``fiscal year 2000 or any 
                        fiscal year thereafter'' and inserting ``any of 
                        fiscal years 2000 through 2002''; and
                    (C) by adding at the end the following:
            ``(3) Allocations for fiscal years 2005 through 2009.--For 
        any of fiscal years 2005 through 2009, if an increase is made 
        to the level of obligation authority under section 4(b)(5) of 
        the Maximum Economic Growth for America Through Highway Funding 
        Act, the Secretary shall allocate for the fiscal year an amount 
        equal to the amount of the increase.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)(A)--
                            (i) by striking ``for'' the second place it 
                        appears; and
                            (ii) by inserting ``(112 Stat. 107), the 
                        Maximum Economic Growth for America Through 
                        Highway Funding Act'' after ``21st Century'';
                    (B) in paragraph (2), by striking ``subsection 
                (a)(1)'' and inserting ``paragraph (1) or (3) of 
                subsection (a), as applicable,''; and
                    (C) in paragraph (4), by striking ``subsection 
                (a)(1)'' and inserting ``paragraph (1) or (3) of 
                subsection (a), as applicable,''.

SEC. 5. ASSISTANCE IN OVERCOMING ECONOMIC AND DEMOGRAPHIC BARRIERS.

    (a) In General.--Title 23, United States Code, is amended by 
inserting after section 138 the following:
``Sec. 139. Assistance in overcoming economic and demographic barriers
    ``(a) Definitions.--In this section:
            ``(1) High-growth state.--The term `high-growth State' 
        means a State that has a population according to the 2000 
        decennial census that is at least 25 percent greater than the 
        population for the State according to the 1990 decennial 
        census.
            ``(2) High-population-density state.--The term `high-
        population-density State' means a State in which the number of 
        individuals per principal arterial mile is greater than 75 
        percent of the number of individuals per principal arterial 
        mile in the 50 States and the District of Columbia, as 
        determined using population according to the 2000 decennial 
        census.
            ``(3) Highway statistics.--
                    ``(A) In general.--The term `Highway Statistics' 
                means the Highway Statistics published by the Federal 
                Highway Administration for the most recent calendar or 
                fiscal year for which data are available, which most 
                recent calendar or fiscal year shall be determined as 
                of the first day of the fiscal year for which any 
                calculation using the Highway Statistics is made.
                    ``(B) Terms.--Any reference to a term that is used 
                in the Highway Statistics is a reference to the term as 
                used in the Highway Statistics as of September 30, 
                2002.
            ``(4) Low-income state.--The term `low-income State' means 
        a State that, according to Table PS-1 of the Highway 
        Statistics, has a per capita income that is less than the 
        national average per capita income.
            ``(5) Low-population-density state.--The term `low-
        population-density State' means a State in which the number of 
        individuals per principal arterial mile is less than 75 percent 
        of the number of individuals per principal arterial mile in the 
        50 States and the District of Columbia, as determined using 
        population according to the 2000 decennial census.
            ``(6) National average per capita income.--The term 
        `national average per capita income' means the average per 
        capita income for the 50 States and the District of Columbia, 
        as specified in the Highway Statistics.
            ``(7) Principal arterial miles.--The term `principal 
        arterial miles', with respect to a State, means the principal 
        arterial miles (including Interstate and other expressway or 
        freeway system miles) in the State, as specified in Table HM-20 
        of the Highway Statistics.
            ``(8) State.--The term `State' means each of the 50 States.
            ``(9) State with extensive road ownership.--The term `State 
        with extensive road ownership' means a State that owns more 
        than 80 percent of the total Federal-aid and non-Federal-aid 
        mileage in the State according to Table HM-14 of the Highway 
        Statistics.
    ``(b) Establishment.--There is established a program to assist 
States that face certain economic and demographic barriers in meeting 
transportation needs.
    ``(c) Allocation of Funds.--For each of fiscal years 2004 through 
2009, funds made available to carry out this section shall be allocated 
as follows:
            ``(1) Low-income states.--For each fiscal year, each low-
        income State shall receive an allocation under this paragraph 
        that is equal to the product obtained by multiplying--
                    ``(A) $600,000,000; and
                    ``(B) the ratio that--
                            ``(i) the difference between--
                                    ``(I) the national average per 
                                capita income; and
                                    ``(II) the per capita income of the 
                                low-income State; bears to
                            ``(ii) the sum of the differences 
                        determined under clause (i) for all low-income 
                        States.
            ``(2) High-growth states.--For each fiscal year, each high-
        growth State shall receive an allocation under this paragraph 
        that is equal to the product obtained by multiplying--
                    ``(A) $75,000,000; and
                    ``(B) the ratio that--
                            ``(i) the percentage by which the 
                        population of the high-growth State according 
                        to the 2000 decennial census exceeds the 
                        population of the high-growth State according 
                        to the 1990 decennial census; bears to
                            ``(ii) the sum of the percentages 
                        determined under clause (i) for all high-growth 
                        States.
            ``(3) Low-population-density states.--
                    ``(A) In general.--Subject to subparagraph (B), for 
                each fiscal year, each low-population-density State 
                shall receive an allocation under this paragraph that 
                is equal to the product obtained by multiplying--
                            ``(i) $625,000,000; and
                            ``(ii) the ratio that--
                                    ``(I) the quotient obtained by 
                                dividing--
                                            ``(aa) the number of 
                                        principal arterial miles in the 
                                        State; by
                                            ``(bb) the population of 
                                        the low-population-density 
                                        State according to the 2000 
                                        decennial census; bears to
                                    ``(II) the sum of the quotients 
                                determined under subclause (I) for all 
                                low-population-density States.
                    ``(B) Maximum allocation.--
                            ``(i) In general.--If the allocation for a 
                        low-population-density State under subparagraph 
                        (A) is greater than $35,000,000, the allocation 
                        of the low-population-density State shall be 
                        reduced to $35,000,000.
                            ``(ii) Use of excess allocations.--
                                    ``(I) Reallocation.--Subject to 
                                subclause (II), the funds in addition 
                                to the $35,000,000 that would have been 
                                allocated to a low-population-density 
                                State but for clause (i) shall be 
                                reallocated among the low-population-
                                density States that were allocated less 
                                than $35,000,000 under subparagraph (A) 
                                in accordance with the proportionate 
                                shares of those low-population-density 
                                States under subparagraph (A).
                                    ``(II) Additional reallocations.--
                                If a reallocation under subclause (I) 
                                would result in the receipt by any low-
                                population-density State of an amount 
                                greater than $35,000,000 under this 
                                paragraph--
                                            ``(aa) the allocation for 
                                        the low-population-density 
                                        State shall be reduced to 
                                        $35,000,000; and
                                            ``(bb) the amounts in 
                                        excess of $35,000,000 shall be 
                                        subject to 1 or more further 
                                        reallocations in accordance 
                                        with that subclause so that no 
                                        low-population-density State is 
                                        allocated more than $35,000,000 
                                        under this paragraph.
            ``(4) High-population-density states.--
                    ``(A) In general.--Subject to subparagraph (B), for 
                each fiscal year, each high-population-density State 
                shall receive an allocation under this paragraph that 
                is equal to the product obtained by multiplying--
                            ``(i) $625,000,000; and
                            ``(ii) the ratio that--
                                    ``(I) the quotient obtained by 
                                dividing--
                                            ``(aa) the population of 
                                        the high-population-density 
                                        State according to the 2000 
                                        decennial census; by
                                            ``(bb) the number of 
                                        principal arterial miles in the 
                                        State; bears to
                                    ``(II) the sum of the quotients 
                                determined under subclause (I) for all 
                                high-population-density States.
                    ``(B) Maximum allocation.--
                            ``(i) In general.--If the allocation for a 
                        high-population-density State under 
                        subparagraph (A) is greater than $35,000,000, 
                        the allocation of the high-population-density 
                        State shall be reduced to $35,000,000.
                            ``(ii) Use of excess allocations.--
                                    ``(I) Reallocation.--Subject to 
                                subclause (II), the funds in addition 
                                to the $35,000,000 that would have been 
                                allocated to a high-population-density 
                                State but for clause (i) shall be 
                                reallocated among the high-population-
                                density States that were allocated less 
                                than $35,000,000 under subparagraph (A) 
                                in accordance with the proportionate 
                                shares of those high-population-density 
                                States under subparagraph (A).
                                    ``(II) Additional reallocations.--
                                If a reallocation under subclause (I) 
                                would result in the receipt by any 
                                high-population-density State of an 
                                amount greater than $35,000,000 under 
                                this paragraph--
                                            ``(aa) the allocation for 
                                        the high-population-density 
                                        State shall be reduced to 
                                        $35,000,000; and
                                            ``(bb) the amounts in 
                                        excess of $35,000,000 shall be 
                                        subject to 1 or more further 
                                        reallocations in accordance 
                                        with that subclause so that no 
                                        high-population-density State 
                                        is allocated more than 
                                        $35,000,000 under this 
                                        paragraph.
            ``(5) States with extensive road ownership.--For each 
        fiscal year, each State with extensive road ownership shall 
        receive an allocation under this paragraph that is equal to the 
        product obtained by multiplying--
                    ``(A) $75,000,000; and
                    ``(B) the ratio that--
                            ``(i) the total Federal-aid and non-
                        Federal-aid mileage owned by each State with 
                        extensive road ownership according to Table HM-
                        14 of the Highway Statistics; bears to
                            ``(ii) the sum of the mileages determined 
                        under clause (i) for all States with extensive 
                        road ownership.
    ``(d) Treatment of Allocated Funds.--
            ``(1) In general.--Subject to paragraph (2), funds 
        allocated to a State under this section for a fiscal year shall 
        be treated for program administrative purposes as if the 
        funds--
                    ``(A) were funds apportioned to the State under 
                sections 104(b)(1), 104(b)(2), 104(b)(3), 104(b)(4), 
                and 144; and
                    ``(B) were apportioned to the State in the same 
                ratio that the State is apportioned funds under the 
                sections specified in subparagraph (A) for the fiscal 
                year.
            ``(2) Program administrative purposes.--Program 
        administrative purposes referred to in paragraph (1)--
                    ``(A) include--
                            ``(i) the Federal share;
                            ``(ii) availability for obligation; and
                            ``(iii) except as provided in subparagraph 
                        (B), applicability of deductions; and
                    ``(B) exclude--
                            ``(i) calculation of the minimum guarantee 
                        under section 105; and
                            ``(ii) applicability of the deduction for 
                        the future strategic highway research program 
                        under section 104(m).''.
    (b) Conforming Amendment.--The analysis for subchapter I of chapter 
1 of title 23, United States Code, is amended by inserting after the 
item relating to section 138 the following:

``139. Assistance in overcoming economic and demographic barriers.''.

SEC. 6. EMERGENCY RELIEF.

    Section 125 of title 23, United States Code, is amended--
            (1) in subsection (c)(1), by striking ``Not more than 
        $100,000,000 is authorized to be obligated in any 1 fiscal year 
        commencing after September 30, 1980,'' and inserting ``Not more 
        than $100,000,000 is authorized to be obligated in any of 
        fiscal years 1981 through 2003, and not more than $200,000,000 
is authorized to be obligated in fiscal year 2004 or any fiscal year 
thereafter,''; and
            (2) by adding at the end the following:
    ``(g) Protection of Highway Trust Fund.--Effective beginning on the 
earlier of October 1, 2003, or the date of enactment of this 
subsection, notwithstanding any other provision of law, if an Act is 
enacted that provides for an amount in excess of $200,000,000 for any 
fiscal year for the emergency fund authorized by this section 
(including any Act that states that provision of that amount in excess 
of $200,000,000 is `notwithstanding any other provision of law'), that 
Act shall be applied so that all funds for that fiscal year for the 
program established by this section in excess of $200,000,000--
            ``(1) shall be derived from the general fund of the 
        Treasury, and not from the Highway Trust Fund (other than the 
        Mass Transit Account); but
            ``(2) shall be administered by the Secretary in all other 
        respects as if the funds were appropriated from the Highway 
        Trust Fund (other than the Mass Transit Account).''.

SEC. 7. INCREASED STABILITY OF DISTRIBUTION UNDER ALLOCATION PROGRAMS.

    (a) National Corridor Planning and Development Program.--Section 
1118 of the Transportation Equity Act for the 21st Century (23 U.S.C. 
101 note; 112 Stat. 161) is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
    ``(g) Minimum Allocations to Border States.--Notwithstanding any 
other provision of law, in allocating funds under this section for 
fiscal year 2004 and each fiscal year thereafter, the Secretary shall 
ensure that not less than 2 percent of the funds made available to 
carry out the program under this section are allocated to each border 
State (as defined in section 1119(e)).''.
    (b) Coordinated Border Infrastructure Program.--Section 1119 of the 
Transportation Equity Act for the 21st Century (23 U.S.C. 101 note; 112 
Stat. 163) is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Minimum Allocations to Border States.--Notwithstanding any 
other provision of law, in allocating funds under this section for 
fiscal year 2004 and each fiscal year thereafter, the Secretary shall 
ensure that not less than 2 percent of the funds made available to 
carry out the program under this section are allocated to each border 
State.''.
    (c) Transportation and Community and System Preservation Pilot 
Program.--Section 1221 of the Transportation Equity Act for the 21st 
Century (23 U.S.C. 101 note; 112 Stat. 221) is amended by adding at the 
end the following:
    ``(f) Minimum Allocations to States.--Notwithstanding any other 
provision of law, in allocating funds made available under this section 
for fiscal year 2004 and each fiscal year thereafter, the Secretary 
shall ensure that the total of the allocations to each State (including 
allocations to the metropolitan planning organizations and local 
governments in the State) under this section is not less than the 
product obtained by multiplying--
            ``(1) 50 percent of the percentage specified for the State 
        in section 105 of title 23, United States Code, for the fiscal 
        year; and
            ``(2) the total amount of funds made available to carry out 
        this section for the fiscal year.''.
    (d) Minimum Allocations to States for ITS Deployment.--
            (1) In general.--Notwithstanding any other provision of 
        law, for fiscal year 2004 and each fiscal year thereafter, in 
        allocating funds made available under section 2(f)(6), the 
        Secretary shall ensure that the total of the allocations to 
        each State using those funds is not less than the product 
        obtained by multiplying--
                    (A) 50 percent of the percentage specified for the 
                State in section 105 of title 23, United States Code, 
                for the fiscal year; and
                    (B) the total amount of funds made available under 
                section 2(f)(6).
            (2) Use of funds for both types of projects.--In 
        administering funds available for allocation under section 
        2(f)(6), the Secretary shall encourage States to carry out 
        both--
                    (A) projects eligible under section 5208 of the 
                Transportation Equity Act for the 21st Century (23 
                U.S.C. 502 note; 112 Stat. 458); and
                    (B) projects eligible under section 5209 of that 
                Act.

SEC. 8. HISTORIC PARK ROADS AND PARKWAYS.

    (a) In General.--Section 202(c) of title 23, United States Code, is 
amended--
            (1) by striking ``(c) On'' and inserting the following:
    ``(c) Park Roads and Parkways.--
            ``(1) In general.--On''; and
            (2) by adding at the end the following:
            ``(2) Historic park roads and parkways.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) National park.--The term `national 
                        park' means an area of land or water 
                        administered by the National Park Service that 
                        is designated as a national park.
                            ``(ii) Recreation visit.--The term 
                        `recreation visit' means the entry into a 
                        national park for a recreational purpose of an 
                        individual who is not--
                                    ``(I) an employee of the Federal 
                                Government, or other individual, who 
                                has business in the national park;
                                    ``(II) an individual passing 
                                through the national park for a purpose 
                                other than visiting the national park; 
                                or
                                    ``(III) an individual residing in 
                                the national park.
                            ``(iii) Recreation visitor day.--The term 
                        `recreation visitor day' means a  period of 12 
hours spent in a national park by an individual making a recreation 
visit to the national park.
                    ``(B) Allocation.--Notwithstanding paragraph (1), 
                for fiscal year 2004 and each fiscal year thereafter, 
                the first $100,000,000 authorized to be appropriated 
                from the Highway Trust Fund (other than the Mass 
                Transit Account) for park roads and parkways for the 
                fiscal year shall be allocated for projects to 
                reconstruct, rehabilitate, restore, resurface, or 
                improve to applicable safety standards any highway that 
                meets the criteria specified in subparagraph (C).
                    ``(C) Eligibility criteria.--The criteria referred 
                to in subparagraph (B) are that--
                            ``(i) the highway provides access to or is 
                        located in a national park;
                            ``(ii) the highway was initially 
                        constructed before 1940; and
                            ``(iii) as determined using data provided 
                        by the National Park Service averaged over the 
                        3 most recent years for which the data are 
                        available, the national park to which the 
                        highway provides access or in which the highway 
                        is located is used more than 1,000,000 
                        recreation visitor days per year.
                    ``(D) Priority.--In funding projects eligible under 
                subparagraphs (B) and (C), the Secretary shall give 
                priority to any project on a highway that is located in 
                or provides access to a national park that--
                            ``(i) is adjacent to a national park of a 
                        foreign country; or
                            ``(ii) is located in more than 1 State.
                    ``(E) Federal-state cooperation in project 
                development.--Projects to be carried out under this 
                paragraph shall be developed cooperatively by the 
                Secretary and the State in which a national park is 
                located.
                    ``(F) Support by the secretary.--The Secretary 
                shall provide the maximum feasible support to ensure 
                prompt development and implementation of projects under 
                this paragraph.
                    ``(G) Reservation of funds for projects outside 
                national parks.--
                            ``(i) In general.--For each fiscal year, 
                        not less than 40 percent of the funds allocated 
                        under this paragraph shall be used for projects 
                        described in subparagraph (B) on highways that 
                        are located outside national parks but provide 
                        access to national parks.
                            ``(ii) Use of excess funds.--If the 
                        Secretary determines that funds set aside under 
                        clause (i) are in excess of the needs for 
                        reconstruction, rehabilitation, restoration, 
                        resurfacing, or improvement of the highways 
                        described in that clause, the funds set aside 
                        under that clause may be used for transit 
                        projects that serve national parks with 
                        highways (including access highways) that meet 
                        the criteria specified in subparagraph (C).
                    ``(H) Availability of amounts.--Funds allocated 
                under this paragraph shall remain available until 
                expended.
                    ``(I) Relationship to other law.--Nothing in this 
                paragraph reduces the eligibility or priority of a 
                project under any other provision of this title or 
                other law.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out projects that--
            (1) are eligible for funding under section 202(c)(2) of 
        title 23, United States Code; but
            (2) are not fully funded from funds made available under 
        paragraph (1) or (2) of section 202(c) of that title.

SEC. 9. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM.

    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 206 the following:
``Sec. 207. Cooperative Federal lands transportation program
    ``(a) In General.--
            ``(1) Establishment.--There is established the cooperative 
        Federal lands transportation program (referred to in this 
        section as the `program').
            ``(2) Projects.--
                    ``(A) Locations.--Funds available for the program 
                under subsection (d) may be used for projects, or 
                portions of projects, on highways that--
                            ``(i) are owned or maintained by States or 
                        political subdivisions of States; and
                            ``(ii) cross, are adjacent to, or lead to 
                        federally owned land or Indian reservations 
                        (including Corps of Engineers reservoirs), as 
                        determined by the State.
                    ``(B) Selection.--The projects shall be selected by 
                a State after consultation with the Secretary and each 
                affected local or tribal government.
                    ``(C) Types of projects.--A project selected by a 
                State under this section--
                            ``(i) shall be on a highway or bridge owned 
                        or maintained by the State or 1 or more 
                        political subdivisions of the State; and
                            ``(ii) may be--
                                    ``(I) a highway or bridge 
                                construction or maintenance project 
                                eligible under this title; or
                                    ``(II) any eligible project under 
                                section 204(h).
    ``(b) Distribution of Funds for Projects.--
            ``(1) In general.--
                    ``(A) Determinations by the secretary.--The 
                Secretary--
                            ``(i) after consultation with the 
                        Administrator of General Services, the 
                        Secretary of the Interior, and the heads of 
                        other agencies as appropriate (including the 
                        Chief of Engineers), 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.--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 
                under subsection (d) for the fiscal year.
    ``(c) Transfers.--Notwithstanding any other provision of law, a 
State and the Secretary may agree to transfer amounts made available to 
a State under this section to the allocations of the State under 
section 202 for use in carrying out projects on any Federal lands 
highway that is located in the State.
    ``(d) Funding.--
            ``(1) In general.--Notwithstanding section 202 or any other 
        provision of law, for fiscal year 2004 and each fiscal year 
        thereafter, the Secretary shall transfer for use in accordance 
        with this section an amount equal to 50 percent of the funds 
        that would otherwise be allocated for the fiscal year under the 
        first sentence of section 202(b).
            ``(2) Contract authority.--Funds transferred for use in 
        accordance with this section shall be available for obligation 
        in the same manner as if the funds were apportioned under 
        chapter 1.''.
    (b) Conforming Amendment.--The analysis for chapter 2 of title 23, 
United States Code, is amended by striking the item relating to section 
207 and inserting the following:

``207. Cooperative Federal lands transportation program.''.

SEC. 10. MISCELLANEOUS PROGRAM IMPROVEMENTS.

    (a) Federal Share.--
            (1) In general.--Section 120 of title 23, United States 
        Code, is amended--
                    (A) in subsection (b), by striking ``the percentage 
                that the area of all such lands in such State'' each 
                place it appears and inserting ``twice the percentage 
                that the area of all such lands in the State'';
                    (B) in subsection (f)--
                            (i) by striking ``and with the Department 
                        of the Interior'' and inserting ``, the 
                        Department of the Interior, and the Department 
                        of Agriculture''; and
                            (ii) by striking ``and national parks and 
                        monuments under the jurisdiction of the 
                        Department of the Interior'' and inserting ``, 
                        national parks, national monuments, and 
                        national forests under the jurisdiction of the 
                        Department of the Interior or the Department of 
                        Agriculture''; and
                    (C) by adding at the end the following:
    ``(m) Multistate Weight Enforcement Improvements.--The Federal 
share of the cost of any project described in section 101(a)(3)(H) 
shall be 100 percent if the project is to be used, or is carried out 
jointly, by more than 1 State.''.
            (2) High priority projects program.--Section 117(c) of 
        title 23, United States Code, is amended by striking ``80 
        percent'' and inserting ``the share applicable under section 
        120(b)''.
            (3) Highway bridge replacement and rehabilitation 
        program.--Section 144 of title 23, United States Code, is 
        amended by striking subsection (f).
            (4) National scenic byways program.--Section 162(f) of 
        title 23, United States Code, is amended by striking ``80 
        percent'' and inserting ``the share applicable under section 
        120(b)''.
            (5) State planning and research.--Section 505(c) of title 
        23, United States Code, is amended by striking ``80 percent'' 
        and inserting ``the share applicable under section 120(b),''.
            (6) Intelligent transportation system integration 
        program.--Section 5208 of the Transportation Equity Act for the 
        21st Century (23 U.S.C. 502 note; 112 Stat. 458) is amended by 
        striking subsection (f) and inserting the following:
    ``(f) Federal Share.--The Federal share of the cost of a project 
payable from funds made available to carry out this section shall be 
the share applicable under section 120(b) of title 23, United States 
Code.''.
            (7) Commercial vehicle intelligent transportation system 
        infrastructure deployment.--Section 5209 of the Transportation 
        Equity Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 
        461) is amended by striking subsection (e) and inserting the 
        following:
    ``(e) Federal Share.--The Federal share of the cost of a project 
payable from funds made available to carry out this section shall be 
the share applicable under section 120(b) of title 23, United States 
Code.''.
    (b) Increased Flexibility in Addressing Railway-Highway 
Crossings.--Section 130(e) of title 23, United States Code, is amended 
by striking the first sentence and inserting the following: ``Funds 
authorized for or expended under this section may be used for 
installation of protective devices at railway-highway crossings.''.
    (c) Flexibility in Improving Air Quality.--Section 149(c) of title 
23, United States Code, is amended--
            (1) in paragraph (1), by striking ``for any project 
        eligible under the surface transportation program under section 
        133.'' and inserting the following: ``for any project in the 
        State that--
                    ``(A) would be eligible under this section if the 
                project were carried out in a nonattainment or 
                maintenance area; or
                    ``(B) is eligible under the surface transportation 
                program under section 133.''; and
            (2) in paragraph (2), by striking ``for any project in the 
        State eligible under section 133.'' and inserting the 
        following: ``for any project in the State that--
                    ``(A) would be eligible under this section if the 
                project were carried out in a nonattainment or 
                maintenance area; or
                    ``(B) is eligible under the surface transportation 
                program under section 133.''.
    (d) Broadened TIFIA Eligibility.--Section 182(a)(3) of title 23, 
United States Code, is amended--
            (1) in subparagraph (A)(i), by striking ``$100,000,000'' 
        and inserting ``$25,000,000'';
            (2) by striking ``project costs'' and all that follows 
        through ``to be eligible'' and inserting the following: 
        ``project costs.--To be eligible'';
            (3) by striking subparagraph (B); and
            (4) by redesignating clauses (i) and (ii) as subparagraphs 
        (A) and (B), respectively, and indenting appropriately.
    (e) State Role in Selection of Forest Highway Projects.--Section 
204(a) of title 23, United States Code, is amended by adding at the end 
the following:
            ``(7) State role in selection of forest highway projects.--
        Notwithstanding any other provision of this title, no forest 
        highway project may be carried out in a State under this 
        chapter unless the State concurs in the selection of the 
        project.''.
    (f) Historic Bridge Eligibility.--Section 144(o) of title 23, 
United States Code, is amended--
            (1) in paragraph (3), by inserting ``200 percent of'' after 
        ``shall not exceed''; and
            (2) in paragraph (4)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively, and indenting 
                appropriately;
                    (B) by striking ``Any State'' and inserting the 
                following:
                    ``(A) In general.--Any State'';
                    (C) in the second sentence--
                            (i) by striking ``Costs incurred'' and 
                        inserting the following:
                    ``(B) Eligibility as reimbursable project costs.--
                            ``(i) In general.--Costs incurred''; and
                            (ii) by inserting ``200 percent of'' after 
                        ``not to exceed''; and
                    (D) by striking the third sentence and inserting 
                the following:
                            ``(ii) Amount.--If a State elects to use 
                        funds apportioned under this section to support 
                        the relocation of a historic bridge, the 
                        eligible reimbursable project costs shall be 
                        equal to the greater of the Federal share that 
                        would be available for the construction of a 
                        new bicycle or pedestrian bridge or 200 percent 
                        of the cost of demolition of the historic 
                        bridge.
                            ``(iii) Effect.--Nothing in clause (ii) 
                        creates an obligation on the part of a State to 
                        preserve a historic bridge.''.

SEC. 11. MISCELLANEOUS PROGRAM EXTENSIONS AND TECHNICAL AMENDMENTS.

    (a) Railway-Highway Crossing Hazard Elimination.--Section 
104(d)(2)(A) of title 23, United States Code, is amended by striking 
``for a fiscal year'' and inserting ``for each of fiscal years 1998 
through 2003''.
    (b) Minimum Guarantee.--Section 105 of title 23, United States 
Code, is amended in subsections (a), (d), and (f) by striking ``2003'' 
each place it appears and inserting ``2009''.
    (c) High Priority Projects Program.--Section 117 of title 23, 
United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``The Secretary'' and inserting the 
                following:
            ``(1) In general.--The Secretary'';
                    (B) by striking ``Of amounts made available to 
                carry out this section,'' and inserting the following:
            ``(2) Availability of funds for fiscal years 1998 through 
        2003.--Of the funds made available to carry out this section 
        for each of fiscal years 1998 through 2003,''; and
                    (C) by adding at the end the following:
            ``(3) Availability of funds for fiscal years 2004 through 
        2009.--
                    ``(A) In general.--For each of fiscal years 2004 
                through 2009, the Secretary shall allocate the funds 
                made available to carry out this section to each of the 
                50 States and the District of Columbia in accordance 
                with the percentage specified for each such State and 
                the District of Columbia under section 105.
                    ``(B) Use of funds.--Funds allocated in accordance 
                with subparagraph (A) may be used for any project 
                eligible under this chapter that is designated by the 
                State transportation department as a high priority 
                project.''; and
            (2) in subsection (b), by striking ``For'' and inserting 
        ``With respect to funds made available to carry out this 
        section for each of fiscal years 1998 through 2003, for''.
    (d) Highway Bridge Replacement and Rehabilitation Program.--Section 
144(g)(1) of title 23, United States Code, is amended by adding at the 
end the following:
                    ``(D) Fiscal years 2004 through 2009.--Of the 
                amounts authorized to be appropriated to carry out the 
                bridge program under this section for each of fiscal 
                years 2004 through 2009, all but $100,000,000 shall be 
                apportioned as provided in subsection (e). That 
                $100,000,000 shall be available at the discretion of 
                the Secretary.''.
    (e) Disadvantaged Business Enterprises.--Section 1101(b)(1) of the 
Transportation Equity Act for the 21st Century (23 U.S.C. 101 note; 112 
Stat. 113) is amended by striking ``of this Act'' and inserting ``of 
this Act and the Maximum Economic Growth for America Through Highway 
Funding Act''.
    (f) Puerto Rico Highway Program.--Section 1214(r)(1) of the 
Transportation Equity Act for the 21st Century (112 Stat. 209) is 
amended by inserting ``, and funds authorized by section 2(b)(7) of the 
Maximum Economic Growth for America Through Highway Funding Act for 
each of fiscal years 2004 through 2009,'' after ``2003''.

SEC. 12. EFFECTIVE DATE.

    Except as otherwise provided, this Act and the amendments made by 
this Act take effect on October 1, 2003.
                                 <all>