[Congressional Record Volume 143, Number 41 (Wednesday, April 9, 1997)]
[Senate]
[Pages S2905-S2915]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By 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):

  S. 532. A bill to authorize funds to further the strong Federal 
interest in the improvement of highways and transportation, and for 
other purposes; to the Committee on Environment and Public Works.


  SURFACE TRANSPORTATION AUTHORIZATION AND REGULATORY STREAMLINING ACT

  Mr. BAUCUS. Mr. President, I am pleased today to introduce the 
Surface Transportation Authorization and Regulatory Streamlining Act, 
or STARS 2000. I am joined in this effort by my colleagues on the 
Environment and Public Works Committee, Senators Kempthorne and Thomas. 
And by Senators Dorgan, Conrad, Daschle, Johnson, Burns, Craig, Enzi, 
Harkin, Bingaman, Roberts, and Kerrey of Nebraska.

  This bill reauthorizes this Nation's surface transportation programs 
for the year 2000, and beyond.
  As most of my colleagues know, we must act soon to renew these 
programs since today's law, the Intermodal Surface Transportation 
Efficiency Act, or ISTEA, will expire on September 30.
  STARS 2000 builds on the progress already made by ISTEA. But it also 
makes some important improvements. Let me focus on the three most 
significant aspects of the bill.


                             funding levels

  First, the bill increases funding for our highway programs to $27 
billion annually. Transportation is a critical part of our Nation's 
economic growth and prosperity. The investments we make today in 
transportation will help keep us globally competitive well into the 
next century.
  Furthermore, these investments directly generate hundreds of 
thousands of jobs--in Montana, in Idaho, in Illinois, in every State. 
They also indirectly help sustain businesses and millions more jobs all 
across the country.
  The funding in STARS 2000 will support all types of transportation 
projects. It also will enable States and local governments to make the 
investment decisions that best reflect their transportation priorities.
  The funding level in STARS 2000 corresponds to the amount of money 
estimated to be in the highway trust fund over the next 6 years.
  As my colleagues know, this is money already being collected from the 
tax on gasoline and other fuels. My view is that we should spend it for 
the purpose for which it was collected.
  Even with this increase, however, we will not eliminate the shortfall 
in meeting our transportation needs. The Department of Transportation 
estimates that over $50 billion would be needed each year in order to 
just maintain current highway and bridge conditions.
  Yet, today annual spending by all levels of government is only $39 
billion per year.
  Our competitors know the advantage of a sound transportation system. 
That is why Japan invests over four times what we do in transportation 
as a percentage of GDP. The Europeans spend twice as much.
  We cannot afford to squander this important competitive edge. While 
STARS 2000 is not the complete solution, it is a big step in the right 
direction.


                              streamlining

  Second, STARS 2000 dramatically streamlines and simplifies today's 
transportation programs. It reduces administrative burdens on the 
States and the complexity of the programs by consolidating several 
funding categories and by allowing for greater flexibility in 
decisionmaking.
  The bill has two key categories for funding. The National Highway 
System, which makes up 60 percent of the core program, and the Surface 
Transportation Program, which accounts for the remaining 40 percent.
  The National Highway System carries the bulk of our recreational and 
commercial traffic. It consists of 160,000 miles of highways, including 
the entire 45,000 mile Interstate System.
  These roads connect our cities and towns. Our farms to their markets. 
And our manufacturing facilities to our seaports. It just makes sense 
that the NHS should be a priority.
  STARS 2000 devotes over $14 billion annually to these roads.
  As with current law, the Surface Transportation Program remains the 
most flexible category of funds. States can shift funds among projects 
to best serve their transportation needs. STARS 2000 retains ISTEA's 
programs and project eligibilities and includes over $9 billion 
annually for them.


                            funding formulas

  Third, STARS 2000 updates ISTEA's funding formulas. One criticism of 
the current formulas is that they are based on outdated and unnecessary 
data.
  This bill rectifies that problem by using up-to-date information.
  The STARS formula also reflects the transportation needs of a State. 
We have included such factors as lane miles, vehicle miles traveled, 
and freeze-thaw cycles, to better account for the cost of maintaining 
and improving our highway system.


                              environment

  STARS 2000 also continues the commitment to the environment that 
began in ISTEA. It dedicates some $380 million annually to congestion 
mitigation and air quality projects.
  Furthermore, it requires that these funds be spent on projects in 
areas that have not attained our transportation-related air quality 
standards.
  Frankly, I had hoped to include more funding for these projects in 
this bill. But as this legislation progresses, I intend to work with my 
colleagues to see if we can't be more generous here.
  STARS 2000 also continues the transportation enhancement program. 
This is an innovative program that has given States the ability to 
invest in nontraditional highway projects such as bike paths, 
pedestrian walkways and historic preservation.


                               conclusion

  In conclusion, STARS 2000 is a good bill. But it also is one of 
several bills that our committee will consider in the coming weeks.
  Under the leadership of our chairman, Senator Chafee and our 
subcommittee chairman, Senator Warner, along with Senator Moynihan, and 
others, I have no doubt that these various

[[Page S2906]]

proposals will be brought together to produce a fair bill.
  A bill that will bring this Nation and its transportation system into 
the next century.
  Before yielding the floor, I wish to thank the primary cosponsors of 
this bill, Senators Kempthorne and Thomas, for their hard work in 
developing this legislation. I am also grateful for the help of our 
State transportation departments, particularly in Montana and Idaho, 
and their staff, in fashioning this bill.
  STARS 2000 brings a new approach and some new ideas to our surface 
transportation policy. I commend it to my colleagues for their 
consideration.
  Mr. President, I ask unanimous consent that a copy of the bill and a 
short summary of it be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 532

       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.

[[Page S2907]]

       ``(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

[[Page S2908]]

     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

[[Page S2909]]

     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

[[Page S2910]]

     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)--

[[Page S2911]]

       (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,

[[Page S2912]]

     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.''.
                                                                    ____


                Summary of Key Provisions of STARS 2000

       STARS 2000 is a six-year transportation reauthorization 
     proposal.


                             FUNDING LEVELS

       The Department of Transportation estimates that the Highway 
     Account of the Highway Trust Fund could sustain annual 
     funding levels of $27 billion into the next century. This 
     figure includes annual revenue, interest accumulated from 
     unobligated balances, and the gradual spend-down of 
     unobligated balances.
       STARS 2000 funding levels are approximately $27 billion 
     annually.
       The breakdown is as follows:

[[Page S2913]]

       National Highway System--$14.163 billion
       Surface Transportation Program--$9.442 billion
       Equity programs--approximately $2.8 billion
       Federal lands programs
       1. Indian reservation roads--$191 million
       2. Public lands highways--$172 million
       3. Parks and Parkways--$84 million
       Cooperative Federal Lands Transportation Program (new)--
     $155 million
       Territories--$35 million
       Recreational Trails--$30 million


                            FUNDING FORMULAS

       STARS 2000 funding formulas are based heavily on the extent 
     and use of a State's highway system. Interstate lane miles 
     and vmt, NHS lane miles and vmt, federal-aid lane miles and 
     vmt, square footage of bridges, diesel sales and 4 other 
     formula factors consisting of air quality, federal land 
     ownership, population in relation to lane miles and freeze/
     thaw cycles.
       STARS 2000 also includes a 95% minimum allocation equity 
     account.


                          STREAMLINED PROGRAM

       Under STARS 2000, the federal program is streamlined in 
     order to allow the program to be highly flexible. This 
     enables different States to choose projects that meet their 
     transportation priorities. Projects such as highway 
     reconstruction, safety improvements, transit, bridges, 
     enhancements, CMAQ projects or other eligible investments.


                        national highway system

       Funding for the National Highway System represents sixty 
     percent of the core formula program under STARS 2000. Funds 
     may be used for Interstate maintenance activities, bridge 
     improvements and other uses eligible under today's current 
     NHS program.


                     surface transportation program

       Funding for the Surface Transportation Program (STP) 
     represents forty percent of the core formula program under 
     STARS 2000. Under this flexible program, funds may be used 
     for projects eligible under today's Surface Transportation 
     Program and projects eligible under today's Congestion 
     Mitigation and Air Quality (CMAQ) program.


                              enhancements

       STARS 2000 retains the transportation enhancement program. 
     Today, the core of the enhancement program is a 10% set-aside 
     of the $4 billion STP program--$400 million. STARS 2000 
     requires 5% of the new $9.44 billion STP program be set-aside 
     annually--approximately $480 million. Eligibility under the 
     enhancement program is not changed.


                            safety programs

       Current law requires a 10% set-aside of STP funds for 
     railway crossing elimination and hazard elimination programs.
       STARS 2000 retains this set-aside (10% of what a State 
     received under the STP category in 1997), but gives States 
     additional flexibility in meeting this requirement. States 
     must spend at least 2.5% of the requirement on railway-
     highway crossing projects, at least 2.5% of the requirement 
     on hazard elimination projects and the remaining 5% may be 
     used for either program at the discretion of the State.


                             bridge program

       STARS 2000 eliminates the bridge program as a separate 
     category. However, STARS 2000 retains the national commitment 
     to bridges repairs by requiring every State to spend at least 
     as much on bridges as it does today, using National Highway 
     System or Surface Transportation Program funds.
       The bridge discretionary program is also retained at FY 
     1997 levels--$60.5 million annually to be funded from the NHS 
     and STP program.


                 congestion mitigation and air quality

       STARS 2000 eliminates the CMAQ program as a separate 
     category. However, included in the Surface Transportation 
     Program funding formula is an ``air quality'' factor. States 
     that receive funds under the air quality factor--which are 
     those States that receive CMAQ funds under today's CMAQ 
     formula for their nonattainment areas--would be required to 
     spend such funds in their nonattainment areas for CMAQ 
     eligible projects. This provision translates into a $380 
     million air quality program.


                          recreational trails

       STARS 2000 proposes a $30 million annual funding level for 
     the National Recreational Trails program. Funds are to be 
     used for both motorized and nonmotorized trails, consistent 
     with current law. The matching requirement has been adjusted 
     from today's 50/50 matching ratio to a new 80/20 matching 
     ratio.


                             federal lands

       STARS 2000 retains the current federal lands categories--
     public lands, Indian reservation roads, parks and parkways. 
     Current funding levels are retained as well.
       A new Federal lands category, the Cooperative Federal Lands 
     Transportation Program is also proposed at $155 million 
     annually. These funds are to be used by States to improve 
     State-owned or maintained roads that lead to, are adjacent to 
     or pass through Federal lands or reservations.


                           regulatory review

       The Department of Transportation is required to review all 
     significant rules it has issued. Any rules that are obsolete, 
     overlapping, duplicative or conflict with other Federal rules 
     shall be either amended, rescinded or continued without 
     change after such periodic review.

  Mr. THOMAS. Mr. President, I rise this morning to talk about the 
reauthorization of the Federal highway bill. I am very pleased to join 
with Senators Baucus and Kempthorne in the introduction of the Surface 
Transportation Authorization and Regulatory Streamlining Act for the 
Next Century, STARS 2000. I am also pleased that there will be 14 
original cosponsors in support of this important legislation.
  This is the time for the reauthorization of the Federal highway bill, 
called ISTEA, that has been in place for the past 6 years and has made 
a very important contribution to this country and its transportation. 
It has made some important changes in our surface transportation 
policies, but as we move into the 21st century, we need to update the 
law and make it more flexible and more efficient in order to meet the 
transportation challenges of the new century. I believe STARS 2000, 
achieves this goal. It will create new rules of the road to help us to 
build the highways and bridges to the 21st century.
  With respect to the gas tax, it is a user fee, of course, that each 
of us pay as we buy gas wherever we are in this country. American 
taxpayers have been shortchanged with regard to the benefits they are 
getting from the gas tax. Not all of the gas taxes have been used for 
surface transportation. We need to get back to a user-fee system where 
the taxes paid, in this case by the users of highways, are used then 
for surface transportation. STARS 2000 addresses this problem by 
restoring the integrity of the fee system by spending as much out of 
the highway fee system as it can sustain. We have been spending less 
than $20 billion annually. STARS 2000 raises the authorization to $27 
billion. We believe those dollars ought to go into the highway system.
  In addition, it provides a framework for any additional revenues such 
as the 4.3 cents that currently goes to deficit reduction. Should these 
user fees be transferred to the highway trust fund, they would be 
distributed according to the bill's formula. STARS 2000 will help my 
State and many States maintain a national system.
  If you are going to go from Washington to California, you obviously 
have to go throughout the whole country and therefore it is key to have 
a Federal system. In my State, a small State in terms of population but 
large in terms of space, we pay more per capita than any other State, 
nearly $200 for every person in our State for highway gas taxes, and 
yet we have deteriorating bridges and roads, as do many States.
  In addition, the Federal Government owns 50 percent of Wyoming. One 
of the principle authors of this bill and my friend, Senator 
Kempthorne, his State of Idaho has even larger holdings. In Nevada, it 
is 86 percent federally owned so we have to take Federal lands into 
account as we talk about a Federal system.
  In fact, Yellowstone Park, located in Wyoming, has a backlog of 
nearly $250 million in road repairs and maintenance that needs to be 
considered. Unfortunately, we are not meeting these needs. For example, 
the Clinton administration admits that this country only invests 70 
percent of what needs to be invested just to maintain our 
transportation infrastructure. These shortfalls hurt all taxpayers, of 
course. The STARS 2000 coalition States are bridge States--people and 
goods cross these States to other destinations. A set of efficient and 
well maintained roads are as important to the cities that export goods 
across the country and around the world as they are to people in our 
States. These transactions contribute to the Nation's economy and its 
job creation. STARS 2000 will make a smooth flow of people and goods 
across the country a reality.
  One of the keys to the highway program is that each State knows best 
what it should be doing with the resources it has, and its priorities 
are. Clearly, the highways and roads in New York City are quite 
different than those in Wyoming or Nevada, so we need to have the 
flexibility for State and local officials to make the decisions there. 
STARS 2000 does that by significantly increasing the surface 
transportation program, the STP portion, and puts the decisionmaking 
authority for how this money is allocated into the hands of state and 
local people.

  Unfortunately, the administration bill, NEXTEA, is advertised as 
building

[[Page S2914]]

a bridge to the 21st century. Unfortunately, it is my belief that in 
its present form that bridge will collapse. NEXTEA does not restore the 
integrity of the trust fund, so for the American taxpayer, there is no 
trust in the trust fund. It does not streamline the program. It does 
not make the kinds of changes that are needed. It hangs on to what we 
have done in the past. It also handcuffs local authorities in terms of 
making decisions. NEXTEA adds regulations. God knows, we need to move 
away from regulations and allow the highway program to be more 
efficient.
  STARS 2000 emphasizes the Federal component of our program and 
achieves a fair and equitable method of distribution. Based on a 
percentage share of the Federal highway program, 37 States do better 
and 1 tied compared to NEXTEA; 33 States do better than under the 
current law; 25 States higher, 6 the same compared to STEP 21. In 
addition, STARS 2000 addresses the donor/donee issue by creating a 95 
percent minimum allocation to all States. That means all States will 
get at least 95 percent of what they put into the highway trust fund.
  The STARS 2000 coalition will be a significant factor in the ISTEA 
reauthorization debate. Without our coalition, without our States, you 
cannot get there from here--physically or politically. STARS 2000 is 
more than a marker. It is a coalition of States that are needed to make 
an interstate map to the 21st century.
  Quite often, in my experience in the House, the highway money flows 
where the votes are. But that really does not work in a transportation 
program. You have to have one that covers the country and is, indeed, a 
Federal program. The funding formulas under STARS 2000 are based on the 
transportation needs of the country.
  STARS 2000 maintains the integrity of the original ISTEA. It improves 
it by a smarter investment of taxpayers' money. It meets our growing 
infrastructure needs. It increases job and economic growth and 
increases flexibility and efficiency. We get more bang for the buck.
  So we are emphasizing the National Highway System, allowing more 
decisions to be made closer to home, and I certainly would submit to my 
fellow Members of the Senate this is a bill that we can all support and 
will provide a better infrastructure for highway surface 
transportation.
  Mr. President, I appreciate the time. I thank Senators Kempthorne and 
Baucus for their hard work on this legislation and look forward to 
working with them in the future.
  I yield the floor.
  Mr. KEMPTHORNE. Mr. President, may I commend my colleague from 
Wyoming, Senator Thomas, for giving an excellent view as to the bill 
that we are submitting to Congress today, the Surface Transportation 
Authorization and Streamlining Act, or STARS 2000.
  I appreciate the fact that Senator Thomas and Senator Baucus of 
Montana and I will be able to form this partnership, with many more 
partners in the Senate joining our effort, including the Senator from 
Kansas, who will be joining us. I also want to recognize that I 
appreciate Senator John Warner, who is the chairman of this particular 
subcommittee dealing with this issue of the national highway bill, for 
holding a hearing in the State of Idaho, for coming to Idaho so that 
the western perspective could be made part of the public record. Also, 
Senator Baucus, who came to that hearing in Idaho--I appreciate my 
neighbor from Montana coming over and making that effort; it was an 
excellent hearing--and, too, acknowledging Senator Chafee, the chairman 
of the full committee, making that hearing in the West a reality. So, 
again, it demonstrates that all of us, while we may be coming at this 
from slightly different views, are working together. That is important 
and significant.
  With STARS 2000, I believe, as Senator Thomas has pointed out, we are 
going to restore the integrity of what a trust fund is: a trust fund. 
So the money that is gathered for that dedicated purpose ought to be 
used for that dedicated purpose. Doesn't that sound amazing that we 
would have to even say that? But it is not happening. Currently we only 
authorize about $18 billion that are to be used on the national highway 
program. The full amount that could be used, the maximum, is $27 
billion. So this legislation by Senator Baucus and Senator Thomas and 
myself would authorize the full $27 billion to be used for the highways 
of this country, because that is why we have been collecting this 
highway tax.
  It provides a fair distribution throughout the United States, and it 
is going to address the very key issues, such as extent and usage of 
the highways; the lane miles that are there; the poor air quality in 
some regions of the country, some of the cities that are having 
difficulty with poor air quality; the tax-exempt Federal lands, as have 
been referenced. In the State of Idaho we are 67 percent federally 
owned. In the State of Texas--I do not believe there is any federally 
owned land in the State of Texas. So you can see we come at this from 
different perspectives. Low population density--Idaho is the 13th 
State, as far as ranking in landmass, yet we rank 41st in population. 
So you can see there are not a lot of folks. Take the District of 
Columbia, for example, this city right here around Capitol Hill. It has 
a little over one-half-million people. The State of Idaho has 1 million 
people in the entire State, versus one-half-million in just this city.
  It also authorizes full funding for the National Recreational Trails 
Act, $30 million annually, something that had been talked about and was 
to have occurred years ago. It has not done so. We are going to do 
right by that.
  We also know there is this issue of the donor/donee States. Some 
States put in their share, and they get more than they put in. Other 
States put in their share, and they get less back than they put in. We 
address that head on by increasing the minimum allocation program from 
90 percent up to 95 percent. Under STARS 2000 formulas and proposed 
increased funding levels, it would result in 47 States receiving 
greater funding than they do under the current ISTEA program. Mr. 
President, 47 States will actually receive more funds.

  Again, as has been pointed out, we really do provide for the 
streamlining, for greater flexibility, so those programs, such as the 
Surface Transportation Act--in essence, we double the funds in that 
account. We double that, and then we say to the States and the local 
communities: Now, with that additional funding, you make the decisions 
of where you think your priorities are in your State, rather than 
people back in Washington, DC, who may never have been to your State 
determining how it should be spent.
  This is the national highway bill that we are talking about. I want 
to underscore national, because it is to apply to all 50 States. That 
is how we are going to have good interstate commerce. The 
administration says they understand the needs of rural America. If they 
understand the needs of rural America, I question why the 
administration's proposed reauthorization of the highway bill cuts 
funding to eight of the most rural States in the country.
  What is this question of rural and urban? Let me give an example, if 
I may, Mr. President. Here is the State of Idaho. I would use as an 
example highway 95 that runs, in essence, from the Canadian border 
virtually down to the Nevada border, a little over 500 miles. Again, 
the State of Idaho, population of 1 million people. Let us take 
relatively the same distance, and let us go from right here, 
Washington, DC, and if we drive to Boston, it is 463 miles--about the 
same distance. So I am making it a good comparison. The difference is, 
here you have one million people to support systems such as this. In 
this area, where you actually go through seven States, not one State 
and the District of Columbia, you have virtually 43 million people as a 
tax base to support that infrastructure. It just shows you that in the 
less densely populated areas we do need to have assistance.
  Do you know there are trucking firms that enter the State of Idaho at 
Eastport to go through customs? Then they immediately exit the State of 
Idaho and they travel the Canadian highways heading toward Seattle, for 
example, and then reenter the United States. Why do they do that? As 
one trucking company, Swift Transportation, testified at our hearing 
out in Idaho, they have 5,000 trucks that run throughout the United 
States, but they said there are so many significantly unsafe portions 
of, for example, highway 95, they do not allow their truck

[[Page S2915]]

drivers to go on highway 95 because of safety considerations. They said 
that is the only stretch of highway that they really have that sort of 
restriction on anywhere in the United States.
  Yet this is a national highway bill. It is not the national and 
Canadian highway bill. So we need to address this, and that is what 
this does. But it is not parochial. Certainly I am trying to look out 
for rural America, but I reiterate, this legislation does better for 47 
States than under the current program that is in existence today.
  So I believe we have something here that is good for the country. It 
is going to put the faith back into what a trust fund is supposed to 
be. It is going to give greater flexibility for those of us who believe 
in States rights, the 10th amendment; that folks in those 50 States can 
make just as good if not better decisions than we do at the Federal 
level. So it has so much to offer to so many.
  Again, I am proud to be part of this, and I thank Senator Thomas and 
Senator Baucus for their efforts in this partnership.
  Mr. BINGAMAN. Mr. President, I rise to speak briefly about the 
Surface Transportation Authorization and Regulatory Streamlining Act. 
As I do, Mr. President, I want to emphasize my belief that the 
Intermodal Surface Transportation Efficiency Act [ISTEA], has in large 
part been a great success for our Nation. ISTEA has been a 
revolutionary effort to distribute transportation funding to assist 
States in major highway, bridge, environmental, research, and safety 
projects. After 6 years, however, we have learned that there are areas 
of ISTEA in which we can make significant improvement. STARS 2000 is 
the best mechanism so far by which we can do that.
  I am cosponsoring STARS 2000 because it reemphasizes the national 
interest in a national transportation system. Mr. President, each State 
is a vital part of the national system; without one part the whole 
system fails. The highway system in New Mexico for instance, serves not 
just its resident and industrial traffic needs, but its highways also 
serve as a vital link for commerce between the Pacific coast and the 
eastern seaboard, and between Mexico and Canada. The system of highways 
crossing New Mexico is also crucial for the movement of manpower, 
equipment, and supplies in support of our Nation's defense. STARS 2000 
offers a balanced, sensible approach so that all the States continue to 
play a central role to the overriding national goals.
  Just as importantly, STARS 2000 effectively addresses the unique 
character of western, rural States and their importance to our national 
system of highway. New Mexico, for example, has only six-tenths of 1 
percent of the total U.S. population. However, it must maintain 2 
percent, 3,000 miles, of the National Highway System. Many people do 
not realize that road travel takes on a different meaning in the West. 
For instance, a trip from Farmington, NM, to Hobbs, NM, is 513 miles, 
and there are few options other than driving to make that tip. By 
contrast, that same distance would take you from Washington, DC, to 
Detroit, MI.
  STARTS 2000 also builds on the successes of ISTEA. For instance, the 
Surface Transportation Program maintains Federal support for the bride 
replacement and rehabilitation program. STARS 2000 also maintains 
support for Federal lands roads, a program that is vital to States in 
the West where a vast majority of our Nation's Federal lands are 
located. Forty percent of New Mexico, for example, is Federal land. 
STARS 2000 eliminates the old system that penalizes a State for using 
Federal funds on roads located on Federal lands and Indian 
reservations. This is a step in the right direction and it is 
desperately needed in the West. I am concerned that STARS proposes only 
level funding for the Indian reservation road program. Although I am 
supporting S. 437, the American Indian Transportation Improvement Act, 
I will continue to try to increase funding for roads and bridges on 
Indian reservations.
  STARS 2000 also includes a program that addresses congestion 
management and air quality. I am concerned, however, with the degree to 
which resources for this activity have been cut and the fact that it is 
eliminated as a separate category within STARS. CMAQ has been a 
significant reason cities like Albuquerque have attained and are 
maintaining clear air standards, and I hope we will find ways to keep 
this program working.
  Additionally, STARS 2000 addresses the need to maintain our Nation's 
current system of roads and bridges. Unless the current system is 
sufficiently maintained, we will inevitably have to spend many more 
dollars to rebuild the system, something we can ill-afford. In New 
Mexico, like most other States, maintenance costs overwhelm the State's 
total highway budget. To its credit, New Mexico applies much of its 
highway funding to maintenance. Nevertheless, if the entire New Mexico 
road budget were applied to maintenance alone, only 7,500 of the 
State's 11,600 miles of highways could be adequately maintained. As 
many as 5,800 miles of New Mexico's roads have deteriorated to the 
point that they must be replaced at a cost of $1.15 million per mile. 
As a result, New Mexico, like most other States in the West, is unable 
to fund other critical transportation objects.
  As we continue to recommit ourselves to maintaining and improving our 
Nation's transportation system, let me say that it is also incumbent 
upon the individual States to share in this ever-increasing 
responsibility. Clearly, there is a strong national transportation 
interest, but the States must recognize its own obligations. We are 
doing our part at the Federal level, and States must do the same.
  Mr. President, I am proud to cosponsor this bill, and I commend my 
esteemed colleagues, Senators Baucus, Kempthorne, and Thomas, for 
working diligently to assemble this legislation. I believe that STARS 
is a measure that will eventually lead to a better, more efficient 
transportation system in our country and ultimately a stronger economy.
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