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[THE FOLLOWING TEXT FILE OF H.R. 2950 (ENROLLED BILL), PUB. L. 102-240, 105 STAT. 1914, WAS PURCHASED FROM THE GOVERNMENT PRINTING OFFICE. CHECK FOR ACCURACY BEFORE QUOTING ANY TEXT.]

[Title I - Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) - PL 102-240]


H.R. 2950-

Agreed to

One Hundred Second Congress of the United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Thursday, the third day of January,

one thousand nine hundred and ninetyone

An Act

TITLE

To develop a national intermodal surface transportation system, to authorize funds for construction of highways, for highway safety programs, and for mass transit programs, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Intermodal Surface Transportation Efficiency Act of 1991''.

SEC. 2. DECLARATION OF POLICY: INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT.

It is the policy of the United States to develop a National Intermodal Transportation System that is economically efficient and environmentally sound, provides the foundation for the Nation to compete in the global economy, and will move people and goods in an energy efficient manner.

The National Intermodal Transportation System shall consist of all forms of transportation in a unified, interconnected manner, including the transportation systems of the future, to reduce energy consumption and air pollution while promoting economic development and supporting the Nation's preeminent position in international commerce.

The National Intermodal Transportation System shall include a National Highway System which consists of the National System of Interstate and Defense Highways and those principal arterial roads which are essential for interstate and regional commerce and travel, national defense, intermodal transfer facilities, and international commerce and border crossings.

The National Intermodal Transportation System shall include significant improvements in public transportation necessary to achieve national goals for improved air quality, energy conservation, international competitiveness, and mobility for elderly persons, persons with disabilities, and economically disadvantaged persons in urban and rural areas of the country.

The National Intermodal Transportation System shall provide improved access to ports and airports, the Nation's link to world commerce.

The National Intermodal Transportation System shall give special emphasis to the contributions of the transportation sectors to increased productivity growth. Social benefits must be considered with particular attention to the external benefits of reduced air pollution, reduced traffic congestion and other aspects of the quality of life in the United States.

The National Intermodal Transportation System must be operated and maintained with insistent attention to the concepts of innovation, competition, energy efficiency, productivity, growth, and accountability. Practices that resulted in the lengthy and overly costly construction of the Interstate and Defense Highway System must be confronted and ceased.

The National Intermodal Transportation System shall be adapted to ``intelligent vehicles'', ``magnetic levitation systems'', and other new technologies wherever feasible and economical, with benefit cost estimates given special emphasis concerning safety considerations and techniques for cost allocation.

The National Intermodal Transportation System, where appropriate, will be financed, as regards Federal apportionments and reimbursements, by the Highway Trust Fund. Financial assistance will be provided to State and local governments and their instrumentalities to help implement national goals relating to mobility for elderly persons, persons with disabilities, and economically disadvantaged persons.

The National Intermodal Transportation System must be the centerpiece of a national investment commitment to create the new wealth of the Nation for the 21st century.

The Secretary shall distribute copies of this Declaration of Policy to each employee of the Department of Transportation and shall ensure that such Declaration of Policy is posted in all offices of the Department of Transportation.

SEC. 3. SECRETARY DEFINED.

As used in this Act, the term ``Secretary'' means the Secretary of Transportation.

TITLE I-SURFACE TRANSPORTATION

Part A-Title 23 Programs

SEC. 1001. COMPLETION OF INTERSTATE SYSTEM.

(a) Declaration.-Congress declares that the authorizations of appropriations and apportionments for construction of the Dwight D. Eisenhower National System of Interstate and Defense Highways made by this section (including the amendments made by this section) are the final authorizations of appropriations and apportionments for completion of construction of such System.

(b) Approval of Interstate Cost Estimate for Fiscal Year 1993.-The Secretary shall apportion for all States (other than Massachusetts) for fiscal year 1993 the sums authorized to be appropriated for such year by section 108(b) of the FederalAid Highway Act of 1956 for expenditure on the Dwight D. Eisenhower National System of Interstate and Defense Highways, using the apportionment factors contained in revised table 5 of the Committee Print Numbered 102m24 of the Committee on Public Works and Transportation of the House of Representatives.

(c) Extension of Apportionment.-Section 104(b)(5)(A) of title 23, United States Code, is amended by striking ``1960 through 1990'' each place it appears and inserting ``1960 through 1996''.

(d) Extension of Administrative Adjustment of ICE.-Section 104(b)(5)(A) of such title is amended by striking the next to the last sentence and inserting the following new sentence: ``As soon as practicable after the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991 for fiscal year 1992, and on October 1 of each of fiscal years 1993, 1994, and 1995, the Secretary shall make the apportionment required by this subparagraph for all States (other than Massachusetts) using the Federal share of the last estimate submitted to Congress, adjusted to reflect (i) all previous credits, apportionments of interstate construction funds, and lapses of previous apportionments of interstate construction funds, (ii) previous withdrawals of interstate segments, (iii) previous allocations of interstate discretionary funds, and (iv) transfers of interstate construction funds.''.

(e) Allocation of Funds to Massachusetts.-Section 104(b)(5)(A) of title 23, United States Code, is amended by inserting before the last sentence the following new sentence: ``Notwithstanding any other provision of this subparagraph or any cost estimate approved or adjusted pursuant to this subparagraph, subject to the deductions under this section, the amounts to be apportioned to the State of Massachusetts pursuant to this subparagraph for fiscal years 1993, 1994, 1995, and 1996 shall be as follows: $450,000,000 for fiscal year 1993, $800,000,000 for fiscal year 1994, $800,000,000 for fiscal year 1995, and $500,000,000 for fiscal year 1996.''.

(f) Authorization of Appropriations.-The first sentence of subsection (b) of section 108 of the FederalAid Highway Act of 1956 is amended by striking ``and the additional sum of $1,400,000,000 for the fiscal year ending September 30, 1993.'' and inserting the following: ``the additional sum of $1,800,000,000 for the fiscal year ending September 30, 1993, the additional sum of $1,800,000,000 for the fiscal year ending September 30, 1994, the additional sum of $1,800,000,000 for the fiscal year ending September 30, 1995, and the additional sum of $1,800,000,000 for the fiscal year ending September 30, 1996.''.

(g) Declaration of Policy.-The second paragraph of section 101(b) of such title is amended-

(1) by striking ``thirtyseven years' '' and inserting ``forty years' ''; and

(2) by striking ``1993'' and inserting ``1996''.

(h) Termination of Minimum Apportionment.-Section 102(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (23 U.S.C. 104 note) is amended by inserting after ``1987,'' the following: ``and ending before October 1, 1991,''.

SEC. 1002. OBLIGATION CEILING.

(a) General Limitation.-Notwithstanding any other provision of law (other than subsection (f) of this section), the total of all obligations for Federalaid highways and highway safety construction programs shall not exceed-

(1) $16,800,000,000 for fiscal year 1992;

(2) $18,303,000,000 for fiscal year 1993;

(3) $18,362,000,000 for fiscal year 1994;

(4) $18,332,000,000 for fiscal year 1995;

(5) $18,357,000,000 for fiscal year 1996; and

(6) $18,338,000,000 for fiscal year 1997.

(b) Exceptions.-The limitations under subsection (a) shall not apply to obligations-

(1) under section 125 of title 23, United States Code;

(2) under section 157 of such title;

(3) under section 147 of the Surface Transportation Assistance Act of 1978;

(4) under section 9 of the FederalAid Highway Act of 1981;

(5) under sections 131(b) and 131(j) of the Surface Transportation Assistance Act of 1982;

(6) under section 404 of the Surface Transportation Assistance Act of 1982; and

(7) under sections 1103 through 1108 of this Act.

Such limitations shall also not apply to obligations of funds made available by subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987.

(c) Distribution of Obligation Authority.-

(1) General rule.-For each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997, the Secretary shall distribute the limitation imposed by subsection (a) by allocation in the ratio which sums authorized to be appropriated for Federalaid highways and highway safety construction which are apportioned or allocated to each State for such fiscal year bears to the total of the sums authorized to be appropriated for Federalaid highways and highway safety construction which are apportioned or allocated to all the States for such fiscal year.

(2) Special rule for massachusetts.-For purposes of this section, funds apportioned to the State of Massachusetts pursuant to the next to the last sentence of section 104(b)(5)(A) of title 23, United States Code, shall be treated as if such funds were allocated to such State under such title. If, before October 1 of each of fiscal years 1992, 1993, 1994, and 1995, the State of Massachusetts indicates it will not obligate a portion of the amount which would be distributed to such State under the preceding sentence, the Secretary shall distribute such portion to the other States under paragraph (1).

(d) Limitation on Obligation Authority.-During the period October 1 through December 31 of each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997, no State shall obligate more than 35 percent of the amount distributed to such State under subsection (c) for such fiscal year, and the total of all State obligations during such period shall not exceed 25 percent of the total amount distributed to all States under such subsection for such fiscal year.

(e) Redistribution of Unused Obligation Authority.-Notwithstanding subsections (c) and (d), the Secretary shall-

(1) provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federalaid highways and highway safety construction which have been apportioned or allocated to a State, except in those instances in which a State indicates its intention to lapse sums apportioned under section 104(b)(5)(A) of title 23, United States Code;

(2) after August 1 of each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997, revise a distribution of the funds made available under subsection (c) for such fiscal year if a State will not obligate the amount distributed during such fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during such fiscal year giving priority to those States having large unobligated balances of funds apportioned under sections 104 and 144 of title 23, United States Code; and

(3) not distribute amounts authorized for administrative expenses, Federal lands highways programs, and the national high speed ground transportation programs and amounts made available under section 149(d) of the Surface Transportation and Uniform Relocation Assistance Act of 1987.

(f) Additional Obligation Authority.-

(1) In general.-Subject to paragraph (2), a State which after August 1 and on or before September 30 of fiscal year 1993, 1994, 1995, 1996, or 1997 obligates the amount distributed to such State in such fiscal year under subsections (c) and (e) may obligate for Federalaid highways and highway safety construction on or before September 30 of such fiscal year an additional amount not to exceed 5 percent of the aggregate amount of funds apportioned or allocated to such State-

(A) under sections 104 and 144 of title 23, United States Code, and

(B) for highway assistance projects under section 103(e)(4) of such title,

which are not obligated on the date such State completes obligation of the amount so distributed.

(2) Limitation on additional obligation authority.-During the period August 2 through September 30 of each of fiscal years 1993, 1994, 1995, 1996, and 1997, the aggregate amount which may be obligated by all States pursuant to paragraph (1) shall not exceed 2.5 percent of the aggregate amount of funds apportioned or allocated to all States-

(A) under sections 104 and 144 of title 23, United States Code, and

(B) for highway assistance projects under section 103(e)(4) of such title,

which would not be obligated in such fiscal year if the total amount of obligational authority provided by subsection (a) for such fiscal year were utilized.

(3) Limitation on applicability.-Paragraph (1) shall not apply to any State which on or after August 1 of fiscal year 1993, 1994, 1995, 1996, or 1997, as the case may be, has the amount distributed to such State under subsection (c) for such fiscal year reduced under subsection (e)(2).

(g) Obligation Ceiling for Highway Safety Programs.-Notwithstanding any other provision of law, the total of all obligations for highway safety programs carried out by the Federal Highway Administration under section 402 of title 23, United States Code, shall not exceed $10,000,000 for fiscal year 1992 and $20,000,000 for each of fiscal years 1993, 1994, 1995, 1996, and 1997.

(h) Conforming Amendment.-Section 157(b) of title 23, United States Code, is amended by striking the period at the end of the last sentence and inserting ``and section 1002(c) of the Intermodal Surface Transportation Efficiency Act of 1991.''.

SEC. 1003. AUTHORIZATION OF APPROPRIATIONS.

(a) From the Highway Trust Fund.-For the purpose of carrying out the provisions of title 23, United States Code, the following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(1) Interstate maintenance program.-For the Interstate maintenance program $2,431,000,000 for fiscal year 1992, $2,913,000,000 for fiscal year 1993, $2,914,000,000 for fiscal year 1994, $2,914,000,000 for fiscal year 1995, $2,914,000,000 for fiscal year 1996, and $2,914,000,000 for fiscal year 1997.

(2) National highway system.-For the National Highway System $3,003,000,000 for fiscal year 1992, $3,599,000,000 for fiscal year 1993, $3,599,000,000 for fiscal year 1994, $3,599,000,000 for fiscal year 1995, $3,600,000,000 for fiscal year 1996, and $3,600,000,000 for fiscal year 1997.

(3) Surface transportation program.-For the surface transportation program $3,418,000,000 for fiscal year 1992, $4,096,000,000 for fiscal year 1993, $4,096,000,000 for fiscal year 1994, $4,096,000,000 for fiscal year 1995, $4,097,000,000 for fiscal year 1996, and $4,097,000,000 for fiscal year 1997.

(4) Congestion mitigation and air quality improvement program.-For the congestion mitigation and air quality improvement program $858,000,000 for fiscal year 1992, $1,028,000,000 for fiscal year 1993, $1,028,000,000 for fiscal year 1994, $1,028,000,000 for fiscal year 1995, $1,029,000,000 for fiscal year 1996, and $1,029,000,000 for fiscal year 1997.

(5) Bridge program.-For the bridge program $2,288,000,000 for fiscal year 1992, $2,762,000,000 for fiscal year 1993, $2,762,000,000 for fiscal year 1994, $2,762,000,000 for fiscal year 1995, $2,763,000,000 for fiscal year 1996, and $2,763,000,000 for fiscal year 1997.

(6) Federal lands highway program.-

(A) Indian reservation roads.-For Indian reservation roads $159,000,000 for fiscal year 1992 and $191,000,000 for each of fiscal years 1993, 1994, 1995, 1996, and 1997.

(B) Public lands highways.-For public lands highways $143,000,000 for fiscal year 1992, $171,000,000 for each of fiscal years 1993, 1994, and 1995, and $172,000,000 for each of fiscal years 1996 and 1997.

(C) Parkways and park highways.-For parkways and park highways $69,000,000 for fiscal year 1992, $83,000,000 for each of fiscal years 1993, 1994, and 1995, and $84,000,000 for each of fiscal years 1996 and 1997.

(7) FHWA highway safety programs.-For carrying out section 402 by the Federal Highway Administration $17,000,000 for fiscal year 1992 and $20,000,000 for each of fiscal years 1993, 1994, 1995, 1996, and 1997.

(8) FHWA highway safety research and development.-For carrying out section 403 by the Federal Highway Administration $10,000,000 for each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997.

(b) Disadvantaged Business Enterprises.-

(1) General rule.-Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts authorized to be appropriated under titles I (other than part B), III, V, and VI of this Act shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals.

(2) Definitions.-For purposes of this subsection, the following definitions apply:

(A) Small business concern.-The term ``small business concern'' has the meaning such term has under section 3 of the Small Business Act (15 U.S.C. 632); except that such term shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has average annual gross receipts over the preceding 3 fiscal years in excess of $15,370,000, as adjusted by the Secretary for inflation.

(B) Socially and economically disadvantaged individuals.-The term ``socially and economically disadvantaged individuals'' has the meaning such term has under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations promulgated pursuant thereto; except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection.

(3) Annual listing of disadvantaged business enterprises.-Each State shall annually survey and compile a list of the small business concerns referred to in paragraph (1) and the location of such concerns in the State and notify the Secretary, in writing, of the percentage of such concerns which are controlled by women, by socially and economically disadvantaged individuals (other than women), and by individuals who are women and are also otherwise socially and economically disadvantaged individuals.

(4) Uniform certification.-The Secretary shall establish minimum uniform criteria for State governments to use in certifying whether a concern qualifies for purposes of this subsection. Such minimum uniform criteria shall include but not be limited to onsite visits, personal interviews, licenses, analysis of stock ownership, listing of equipment, analysis of bonding capacity, listing of work completed, resume of principal owners, financial capacity, and type of work preferred.

(5) Study.-

(A) In general.-The Comptroller General shall conduct a study of the disadvantaged business enterprise program of the Federal Highway Administration (hereinafter in this paragraph referred to as the ``program'').

(B) Contents.-The study under this paragraph shall include the following:

(i) Graduation.-A determination of-

(I) the percentage of disadvantaged business enterprises which have enrolled in the program and graduated after a period of 3 years;

(II) the number of disadvantaged business enterprises which have enrolled in the program and not graduated after a period of 3 years;

(III) whether or not the graduation date of any of the disadvantaged business enterprises described in subclause (II) should have been accelerated;

(IV) since the program has no graduation time requirements, how many years would appear reasonable for disadvantaged business enterprises to participate in the program;

(V) the length of time the average small nondisadvantaged business enterprise takes to be successful in the highway construction field as compared to the average disadvantaged business enterprise; and

(VI) to what degree are disadvantaged business enterprises awarded contracts once they are no longer participating in the disadvantaged business program.

(ii) Outofstate contracting.-A determination of which State transportation programs meet the requirement of the program for 10 percent participation by disadvantaged business enterprises by contracting with contractors located in another State and a determination to what degree prime contractors use outofState disadvantaged business enterprises even when disadvantaged business enterprises exist within the State to meet the 10 percent participation goal and reasons why this occurs.

(iii) Program adjustments.-A determination of whether or not adjustments in the program could be made with respect to Federal and State participation in training programs and with respect to meeting capital needs and bonding requirements.

(iv) Success rate.-Recommendations concerning whether or not adjustments described in clause (iii) would continue to encourage minority participation in the program and improve the success rate of the disadvantaged business enterprises.

(v) Performance and financial capabilities.-Recommendations for additions and revisions to criteria used to determine the performance and financial capabilities of disadvantaged business enterprises enrolled in the program.

(vi) Enforcement mechanisms.-A determination of whether the current enforcement mechanisms are sufficient to ensure compliance with the disadvantaged business enterprise participation requirements.

(vii) Additional costs.-A determination of additional costs incurred by the Federal Highway Administration in meeting the requirement of the program for 10 percent participation by disadvantaged business enterprises as well as a determination of benefits of the program.

(viii) Effect on industry.-A determination of how the program is being implemented by the construction industry and the effects of the program on all segments of the industry.

(ix) Certification.-An analysis of the certification process for Federalaid highway and transit programs, including a determination as to whether the process should be uniform and permit StatetoState reciprocity and how certification criteria and procedures are being implemented by the States.

(x) Goals.-A determination of how the Federal goal is being implemented by the States, including the waiver process, and the impact of the goal on those individuals presumed to be socially and economically disadvantaged.

(C) Report.-Not later than 12 months after the date of the enactment of this Act, the Comptroller General shall transmit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives a report on the results of the study conducted under this paragraph.

(c) Reduction in Authorizations for Budget Compliance.-If the total amount authorized by this Act out of the Highway Trust Fund (other than the Mass Transit Account) exceeds $17,042,000,000 for fiscal year 1992, or exceeds $98,642,000,000 for fiscal years 1992 through 1996, then each amount so authorized shall be reduced proportionately so that the total equals $17,042,000,000 for fiscal year 1992, or equals $98,642,000,000 for fiscal years 1992 through 1996, as the case may be.

SEC. 1004. BUDGET COMPLIANCE.

(a) In General.-If obligations provided for programs pursuant to this Act for fiscal year 1992 will cause-

(1) the total outlays in any of the fiscal years 1992 through 1995 which result from this Act, to exceed

(2) the total outlays for such programs in any such fiscal year which result from appropriation Acts for fiscal year 1992 and are attributable to obligations for fiscal year 1992,

then the Secretary of Transportation shall reduce proportionately the obligations provided for each program pursuant to this Act for fiscal year 1992 to the extent required to avoid such excess outlays.

(b) Coordination With Other Provisions.-The provisions of this section shall apply, notwithstanding any provision of this Act to the contrary.

SEC. 1005. DEFINITIONS.

(a) Highway Safety Improvement Project.-The undesignated paragraph of section 101(a) of title 23, United States Code, relating to highway safety improvement project is amended by inserting after ``marking,'' the following: ``installs priority control systems for emergency vehicles at signalized intersections,''.

(b) Urbanized Area.-Such section is amended by striking the undesignated paragraph relating to urbanized area and inserting the following new undesignated paragraph:

``The term `urbanized area' means an area with a population of 50,000 or more designated by the Bureau of the Census, within boundaries to be fixed by responsible State and local officials in cooperation with each other, subject to approval by the Secretary. Boundaries shall, at a minimum, encompass the entire urbanized area within a State as designated by the Bureau of the Census.''.

(c) National Highway System.-Such section is further amended by striking the undesignated paragraph relating to the Federalaid primary system and inserting the following new undesignated _paragraph:

``The term `National Highway System' means the Federalaid highway system described in subsection (b) of section 103 of this title.''.

(d) Conforming Amendments.-Such section is amended-

(1) by striking the undesignated paragraph relating to the Federalaid secondary system;

(2) by striking the undesignated paragraph relating to the Federalaid urban system;

(3) in the undesignated paragraph relating to Indian reservation roads by striking ``, including roads on the Federalaid systems,''; and

(4) in the undesignated paragraph relating to park road by inserting ``, including a bridge built primarily for pedestrian use, but with capacity for use by emergency vehicles,'' before ``that is located within''.

(e) Interstate System.-The undesignated paragraph of such section relating to the Interstate System is amended by inserting ``Dwight D. Eisenhower'' before ``National''.

(f) Operational Improvement.-Such section is further amended by inserting after the undesignated paragraph relating to Interstate System the following new undesignated paragraph:

``The term `operational improvement' means a capital improvement for installation of traffic surveillance and control equipment, computerized signal systems, motorist information systems, integrated traffic control systems, incident management programs, and transportation demand management facilities, strategies, and programs and such other capital improvements to public roads as the Secretary may designate, by regulation; except that such term does not include resurfacing, restoring, or rehabilitating improvements, construction of additional lanes, interchanges, and grade separations, and construction of a new facility on a new location.''.

(g) Startup Costs for Traffic Management and Control; Carpool Project; Public Authority; Public Lands Highway; Reconstruction.-Such section is further amended by inserting after the undesignated paragraph relating to Interstate System the following new undesignated paragraphs:

``The term `startup costs for traffic management and control' means initial costs (including labor costs, administration costs, cost of utilities, and rent) for integrated traffic control systems, incident management programs, and traffic control centers.

``The term `carpool project' means any project to encourage the use of carpools and vanpools, including but not limited to provision of carpooling opportunities to the elderly and handicapped, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, and designating existing facilities for use for preferential parking for carpools.

``The term `public authority' means a Federal, State, county, town, or township, Indian tribe, municipal or other local government or instrumentality with authority to finance, build, operate, or maintain toll or tollfree facilities.

``The term `public lands highway' means a forest road under the jurisdiction of and maintained by a public authority and open to public travel or any highway through unappropriated or unreserved public lands, nontaxable Indian lands, or other Federal reservations under the jurisdiction of and maintained by a public authority and open to public travel.''.

SEC. 1006. NATIONAL HIGHWAY SYSTEM.

(a) Establishment.-Section 103 of title 23, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections:

``(a) In General.-For purposes of this title, the Federalaid systems are the Interstate System and the National Highway System.

``(b) National Highway System.-

``(1) Purpose.-The purpose of the National Highway System is to provide an interconnected system of principal arterial routes which will serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and other major travel destinations; meet national defense requirements; and serve interstate and interregional travel.

``(2) Components.-The National Highway System shall consist of the following:

``(A) Highways designated as part of the Interstate System under subsection (e) and section 139 of this title.

``(B) Other urban and rural principal arterials and highways (including toll facilities) which provide motor vehicle access between such an arterial and a major port, airport, public transportation facility, or other intermodal transportation facility. The States, in cooperation with local and regional officials, shall propose to the Secretary arterials and highways for designation to the National Highway System under this paragraph. In urbanized areas, the local officials shall act through the metropolitan planning organizations designated for such areas under section 134 of this title. The routes on the National Highway System, as shown on the map submitted by the Secretary to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate in 1991, illustrating the National Highway System, shall serve as the basis for the States in proposing arterials and highways for designation to such system. The Secretary may modify or revise such proposals and submit such modified or revised pro_posals~~ to~~ Congress~~ for~~ approval~~ in~~ accordance~~ with paragraph (3).

``(C) A strategic highway network which is a network of highways which are important to the United States strategic defense policy and which provide defense access, continuity, and emergency capabilities for the movement of personnel, materiels, and equipment in both peace time and war time. Such highways may include highways on and off the Interstate System and shall be designated by the Secretary in consultation with appropriate Federal agencies and the States and be subject to approval by Congress in accordance with paragraph (3).

``(D) Major strategic highway network connectors which are highways that provide motor vehicle access between major military installations and highways which are part of the strategic highway network. Such highways shall be designated by the Secretary in consultation with appropriate Federal agencies and the States and subject to approval by Congress in accordance with paragraph (3).

``(3) Approval of designations.-

``(A) Proposed designations.-Not later than 2 years after the date of the enactment of this section, the Secretary shall submit for approval to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives a proposed National Highway System with a list and description of highways proposed to be designated to the National Highway System under this subsection and a map showing such proposed designations. In preparing the proposed system, the Secretary shall consult appropriate local officials and shall use the functional reclassification of roads and streets carried out under subsection (c) of section 1006 of the Intermodal Surface Transportation Efficiency Act of 1991.

``(B) Approval of congress required.-After September 30, 1995, no funds made available for carrying out this title may be apportioned for the National Highway System or the Interstate maintenance program under this title unless a law has been approved designating the National Highway System.

``(C) Maximum mileage.-For purposes of proposing highways for designation to the National Highway System, the mileage of highways on the National Highway System shall not exceed 155,000 miles; except that the Secretary may increase or decrease such maximum mileage by not to exceed 15 percent.

``(D) Equitable allocations of highway mileage.-In proposing highways for designation to the National Highway System, the Secretary shall provide for equitable allocation of highway mileage among the States.

``(4) Interim system.-For fiscal years 1992, 1993, 1994, and 1995, highways classified as principal arterials by the States shall be treated as being on the National Highway System for purposes of this title.''.

(b) Conforming Amendments to Section 103.-

(1) Repeal of federalaid secondary and urban systems.-Subsections (c) and (d) of such section are repealed.

(2) Approval.-Subsection (f) of such section is amended-

(A) by striking ``the Federalaid primary system, the Federalaid secondary system, the Federalaid urban system, and''; and

(B) by striking the last sentence.

(c) Functional Reclassification of Highways.-

(1) State action.-Each State shall functionally reclassify the roads and streets in such State in accordance with such guidelines and time schedule as the Secretary may establish in order to carry out the objectives of this section, including the amendments made by this section.

(2) Approval and submission to congress.-Not later than September 30, 1993, the Secretary shall approve the functional reclassification of roads and streets made by the States pursuant to this subsection and shall submit a report to Congress containing such reclassification.

(3) State defined.-In this subsection, the term ``State'' has the meaning such term has under section 101 of title 23, United States Code, and shall include the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern _Marianas.

(d) Project Eligibility.-Section 103 of title 23, United States Code, is amended by adding at the end the following new subsection:

``(i) Eligible Projects for NHS.-Subject to project approval by the Secretary, funds apportioned to a State under section 104(b)(1) for the National Highway System may be obligated for any of the following:

``(1) Construction, reconstruction, resurfacing, restoration, and rehabilitation of segments of such system.

``(2) Operational improvements for segments of such system.

``(3) Construction of, and operational improvements for, a Federalaid highway not on the National Highway System and construction of a transit project eligible for assistance under the Federal Transit Act-

``(A) if such highway or transit project is in the same corridor as, and in proximity to, a fully access controlled highway designated to the National Highway System;

``(B) if the construction or improvements will improve the level of service on the fully access controlled highway and improve regional travel; and

``(C) if the construction or improvements are more cost effective than an improvement to the fully access controlled highway that has benefits comparable to the benefits which will be achieved by the construction of, or improvements to, the highway not on the National Highway System.

``(4) Highway safety improvements for segments of the National Highway System.

``(5) Transportation planning in accordance with sections 134 and 135.

``(6) Highway research and planning in accordance with section 307.

``(7) Highwayrelated technology transfer activities.

``(8) Startup costs for traffic management and control if such costs are limited to the time period necessary to achieve operable status but not to exceed 2 years following the date of project approval, if such funds are not used to replace existing funds.

``(9) Fringe and corridor parking facilities.

``(10) Carpool and vanpool projects.

``(11) Bicycle transportation and pedestrian walkways in accordance with section 217.

``(12) Development and establishment of management systems under section 303.

``(13) In accordance with all applicable Federal law and regulations, participation in wetlands mitigation efforts related to projects funded under this title, which may include participation in wetlands mitigation banks; contributions to statewide and regional efforts to conserve, restore, enhance and create wetlands; and development of statewide and regional wetlands conservation and mitigation plans, including any such banks, efforts, and plans authorized pursuant to the Water Resources Development Act of 1990 (including crediting provisions). Contributions to such mitigation efforts may take place concurrent with or in advance of project construction. Contributions toward these efforts may occur in advance of project construction only if such efforts are consistent with all applicable requirements of Federal law and regulations and State transportation planning processes.''.

(e) Apportionments.-Section 104(b)(1) of such title is amended to read as follows:

``(1) National highway system.-For the National Highway System 1 percent to the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands and the remaining 99 percent apportioned in the same ratio as funds are apportioned under paragraph (3).''.

(f) Transferability.-Section 104 of such title is amended by striking subsection (c) and inserting the following new subsection:

``(c) Transferability of NHS Apportionments.-A State may transfer not to exceed 50 percent of the State's apportionment under subsection (b)(1) to the apportionment of the State under subsection (b)(3). A State may transfer not to exceed 100 percent of the State's apportionment under subsection (b)(1) to the apportionment of the State under subsection (b)(3) if the State requests to make such transfer and the Secretary approves such transfer as being in the public interest, after providing notice and sufficient opportunity for public comment. Section 133(d) shall not apply to funds transferred under this subsection.''.

(g) Conforming Amendments to Other Sections.-

(1) Definitions.-Section 101(a) of title 23, United States Code, is amended by striking the paragraph relating to Federalaid highways and inserting the following new paragraph:

``The term `Federalaid highways' means highways eligible for assistance under this chapter other than highways classified as local roads or rural minor collectors.''.

(2) Prevailing rate of wage.-Section 113(a) of such title is amended by striking ``systems, the primary and secondary, as well as their extension in urban areas, and the Interstate System,'' and inserting ``highways''.

(h) National Defense Highways Located Outside United States.-

(1) Reconstruction projects.-If the Secretary determines, after consultation with the Secretary of Defense, that a highway, or portion of a highway, located outside the United States is important to the national defense, the Secretary may carry out a project for the reconstruction of such highway or portion of highway.

(2) Funding.-The Secretary may make available, from funds appropriated to construct the National System of Interstate and Defense Highways, not to exceed $20,000,000 per fiscal year for each of fiscal years 1993, 1994, 1995, and 1996 to carry out this subsection. Such sums shall remain available until expended.

SEC. 1007. SURFACE TRANSPORTATION PROGRAM.

(a) Establishment of Program.-

(1) In general.-Chapter 1 of title 23, United States Code, is amended by inserting after section 132 the following new _section:

``Sec. 133. Surface transportation program

``(a) Establishment.-The Secretary shall establish a surface transportation program in accordance with this section.

``(b) Eligible Projects.-A State may obligate funds apportioned to it under section 104(b)(3) for the surface transportation program only for the following:

``(1) Construction, reconstruction, rehabilitation, resurfacing, restoration, and operational improvements for highways (including Interstate highways) and bridges (including bridges on public roads of all functional classifications), including any such construction or reconstruction necessary to accommodate other transportation modes, and including the seismic retrofit and painting of and application of calcium magnesium acetate on bridges and approaches thereto and other elevated structures, mitigation of damage to wildlife, habitat, and ecosystems caused by a transportation project funded under this title.

``(2) Capital costs for transit projects eligible for assistance under the Federal Transit Act and publicly owned intracity or intercity bus terminals and facilities.

``(3) Carpool projects, fringe and corridor parking facilities and programs, and bicycle transportation and pedestrian walkways in accordance with section 217.

``(4) Highway and transit safety improvements and programs, hazard eliminations, projects to mitigate hazards caused by wildlife, and railwayhighway grade crossings.

``(5) Highway and transit research and development and technology transfer programs.

``(6) Capital and operating costs for traffic monitoring, management, and control facilities and programs.

``(7) Surface transportation planning programs.

``(8) Transportation enhancement activities.

``(9) Transportation control measures listed in section 108(f)(1)(A) (other than clauses (xii) and (xvi)) of the Clean Air Act.

``(10) Development and establishment of management systems under section 303.

``(11) In accordance with all applicable Federal law and regulations, participation in wetlands mitigation efforts related to projects funded under this title, which may include participation in wetlands mitigation banks; contributions to statewide and regional efforts to conserve, restore, enhance and create wetlands; and development of statewide and regional wetlands conservation and mitigation plans, including any such banks, efforts, and plans authorized pursuant to the Water Resources Development Act of 1990 (including crediting provisions). Contributions to such mitigation efforts may take place concurrent with or in advance of project construction. Contributions toward these efforts may occur in advance of project construction only if such efforts are consistent with all applicable requirements of Federal law and regulations and State transportation planning processes.

``(c) Location of Projects.-Except as provided in subsection (b)(1), surface transportation program projects (other than those described in subsections (b) (3) and (4)) may not be undertaken on roads functionally classified as local or rural minor collectors, unless such roads are on a Federalaid highway system on January 1, 1991, and except as approved by the Secretary.

``(d) Allocations of Apportioned Funds.-

``(1) For safety programs.-10 percent of the funds apportioned to a State under section 104(b)(3) for the surface transportation program for a fiscal year shall only be available for carrying out sections 130 and 152 of this title. Of the funds set aside under the preceding sentence, the State shall reserve in such fiscal year an amount of such funds for carrying out each such section which is not less than the amount of funds apportioned to the State in fiscal year 1991 under such section.

``(2) For transportation enhancement activities.-10 percent of the funds apportioned to a State under section 104(b)(3) for a fiscal year shall only be available for transportation enhancement activities.

``(3) Division between urbanized areas of over 200,000 population and other areas.-

``(A) General rule.-Except as provided in subparagraphs (C) and (D), 62.5 percent of the remaining 80 percent of the funds apportioned to a State under section 104(b)(3) for a fiscal year shall be obligated under this section-

``(i) in urbanized areas of the State with an urbanized area population of over 200,000, and

``(ii) in other areas of the State,

in proportion to their relative share of the State's population. The remaining 37.5 percent may be obligated in any area of the State. Funds attributed to an urbanized area under clause (i) may be obligated in the metropolitan area established under section 134 which encompasses the urbanized area.

``(B) Special rule for areas of less than 5,000 population.-Of the amounts required tobe obligated under subparagraph (A)(ii), the State shall obligate in areas of the State (other than urban areas with a population greater than 5,000) an amount which is not less than 110 percent of the amount of funds apportioned to the State for the Federalaid secondary system for fiscal year 1991.

``(C) Special rule for certain states.-In the case of a State in which-

``(i) greater than 80 percent of the population of the State is located in 1 or more metropolitan statistical areas, and

``(ii) greater than 80 percent of the land area of such State is owned by the United States,

the 62.5 percentage specified in the first sentence of subparagraph (A) shall be 35 percent and the percentage specified in the second sentence of subparagraph (A) shall be 65 percent.

``(D) Noncontiguous states exemption.-Subparagraph (A) shall not apply to any State which is noncontiguous with the continental United States.

``(E) Distribution between urbanized areas of over 200,000 population.-The amount of funds which a State is required to obligate under subparagraph (A)(i) shall be obligated in urbanized areas described in subparagraph (A)(i) based on the relative population of such areas; except that the State may obligate such funds based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to do so and the Secretary grants the request.

``(4) Applicability of planning requirements.-Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135 of this title.

``(e) Administration.-

``(1) Noncompliance.-If the Secretary determines that a State or local government has failed to comply substantially with any provision of this section, the Secretary shall notify the State that, if the State fails to take corrective action within 60 days from the date of receipt of the notification, the Secretary will withhold future apportionments under section 104(b)(3) until the Secretary is satisfied that appropriate corrective action has been taken.

``(2) Certification.-The Governor of each State shall certify before the beginning of each quarter of a fiscal year that the State will meet all the requirements of this section and shall notify the Secretary of the amount of obligations expected to be incurred for surface transportation program projects during such quarter. A State may request adjustment to the obligation amounts later in each of such quarters. Acceptance of the notification and certification shall be deemed a contractual obligation of the United States for the payment of the surface transportation program funds expected to be obligated by the State in such quarter for projects not subject to review by the Secretary under this chapter.

``(3) Payments.-The Secretary shall make payments to a State of costs incurred by the State for the surface transportation program in accordance with procedures to be established by the Secretary. Payments shall not exceed the Federal share of costs incurred as of the date the State requests payments.

``(4) Population determinations.-The Secretary shall use estimates prepared by the Secretary of Commerce when determining population figures for purposes of this section.

``(f) Allocation of Obligation Authority.-A State which is required to obligate in an urbanized area with an urbanized area population of over 200,000 under subsection (d) funds apportioned to it under section 104(b)(3) shall allocate during the 6fiscal year period 1992 through 1997 an amount of obligation authority distributed to the State for Federalaid highways and highway safety construction for use in such area determined by multiplying-

``(1) the aggregate amount of funds which the State is required to obligate in such area under subsection (d) during such period; by

``(2) the ratio of the aggregate amount of obligation authority distributed to the State for Federalaid highways and highway safety construction during such period to the total sums apportioned to the State for Federalaid highways and highway safety construction (excluding sums not subject to an obligation limitation) during such period.''.

(2) Conforming amendment.-The analysis for chapter 1 of such title is amended by inserting after the item relating to section 132 the following:

``133. Surface transportation program.''.

(b) Apportionment of Surface Transportation Program Funds.-

(1) In general.-Section 104(b)(3) of title 23, United States Code, is amended to read as follows:

``(3) Surface transportation program.-

``(A) General rule.-For the surface transportation program in a manner so that a State's current percentage share of apportionments is equal to the State's 1987m1991 percentage share of apportionments. For purposes of this paragraph-

``(i) a State's current percentage share of apportionments is the State's percentage share of all funds apportioned for a fiscal year under paragraph (1) for the National Highway System, under section 144 for the bridge program, under paragraph (5)(B) for Interstate maintenance, and under this paragraph; and

``(ii) a State's 1987m1991 percentage share of apportionments is the State's percentage share of all apportionments and allocations under this title for fiscal years 1987, 1988, 1989, 1990, and 1991 (except apportionments and allocations for Interstate construction under sections 104(b)(5)(A) and 118, Interstate highway substitute under section 103(e)(4), Federal lands highways under section 202, and emergency relief under section 125, all allocations under section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and the portion of allocations under section 157 (relating to minimum allocation) that would be attributable to apportionments made under Interstate construction and Interstate highway substitute programs under sections 104(b)(5)(A) and 103(e)(4), respectively, for such fiscal years if the minimum allocation percentage for such fiscal years had been 90 percent instead of 85 percent).

``(B) Calculation rules.-In calculating a State's percentage share under this paragraph for the purpose of making apportionments for fiscal years 1992, 1993, 1994, 1995, 1996, and 1997, each State shall be treated as having received \1/2\ of 1 percent of all funds apportioned for the Interstate construction program under section 104(b)(5)(A) in fiscal years 1987, 1988, 1989, 1990, and 1991. Notwithstanding any other provision of this paragraph, in any fiscal year no State shall receive a percentage of total apportionments and allocations that is less than 70 percent of its percentage of total apportionments and allocations for fiscal years 1987, 1988, 1989, 1990, and 1991, except for those States that receive an apportionment for Interstate construction under paragraph (5)(A) of more than $50,000,000 for fiscal year 1992.''.

(2) Conforming amendments.-Section 104 of such title is further amended-

(A) in subsections (a) and (b) by striking ``upon the Federalaid systems'' and inserting ``on the surface transportation program, the congestion mitigation and air quality improvement program, the National Highway System, and the Interstate System'';

(B) in subsection (b) by striking ``paragraphs (4) and (5)'' and inserting ``paragraph (5)(A)''; and

(C) in subsection (b) by striking ``and sections 118(c) and 307(d)'' and inserting ``and section 307''.

(c) Transportation Enhancement Activities Defined.-Section 101(a) of title 23, United States Code, is amended by adding at the end the following new paragraph:

``The term `transportation enhancement activities' means, with respect to any project or the area to be served by the project, provision of facilities for pedestrians and bicycles, acquisition of scenic easements and scenic or historic sites, scenic or historic highway programs, landscaping and other scenic beautification, historic preservation, rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals), preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails), control and removal of outdoor advertising, archaeological planning and research, and mitigation of water pollution due to highway runoff.''.

SEC. 1008. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.

(a) Establishment of Program.-Section 149 of title 23, United States Code, is amended to read as follows:

``Sec. 149. Congestion mitigation and air quality improvement program

``(a) Establishment.-The Secretary shall establish a congestion mitigation and air quality improvement program in accordance with this section.

``(b) Eligible Projects.-Except as provided in subsection (c), a State may obligate funds apportioned to it under section 104(b)(2) for the congestion mitigation and air quality improvement program only for a transportation project or program-

``(1)(A) if the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines, on the basis of information published by the Environmental Protection Agency pursuant to section 108(f)(1)(A) of the Clean Air Act (other than clauses (xii) and (xvi) of such section), that the project or program is likely to contribute to the attainment of a national ambient air quality standard; or

``(B) in any case in which such information is not available, if the Secretary, after such consultation, determines that the project or program is part of a program, method, or strategy described in such section;

``(2) if the project or program is included in a State implementation plan that has been approved pursuant to the Clean Air Act and the project will have air quality benefits; or

``(3) the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that the project or program is likely to contribute to the attainment of a national ambient air quality standard, whether through reductions in vehicle miles traveled, fuel consumption, or through other factors.

No funds may be provided under this section for a project which will result in the construction of new capacity available to single occupant vehicles unless the project consists of a high occupancy vehicle facility available to single occupant vehicles only at other than peak travel times.

``(c) States Without a Nonattainment Area.-If a State does not have a nonattainment area for ozone or carbon monoxide under the Clean Air Act located within its borders, the State may use funds apportioned to it under section 104(b)(2) for any project eligible for assistance under the surface transportation program.

``(d) Applicability of Planning Requirements.-Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135 of this title.''.

(b) Apportionment.-Section 104(b)(2) of such title is amended to read as follows:

``(2) Congestion mitigation and air quality improvement program.-For the congestion mitigation and air quality improvement program, in the ratio which the weighted nonattainment area population of each State bears to the total weighted nonattainment area population of all States. The weighted nonattainment area population shall be calculated by multiplying the population of each area within any State that is a nonattainment area (as defined in the Clean Air Act) for ozone by a factor of-

``(A) 1.0 if the area is classified as a marginal ozone nonattainment area under subpart 2 of part D of title I of the Clean Air Act;

``(B) 1.1 if the area is classified as a moderate ozone nonattainment area under such subpart;

``(C) 1.2 if the area is classified as a serious ozone nonattainment area under such subpart;

``(D) 1.3 if the area is classified as a severe ozone nonattainment area under such subpart; or

``(E) 1.4 if the area is classified as an extreme ozone nonattainment area under such subpart.

If the area is also classified under subpart 3 of part D of title I of such Act as a nonattainment area for carbon monoxide, for purposes of calculating the weighted nonattainment area population, the weighted nonattainment area population of the area, as determined under the preceding provisions of this paragraph, shall be further multiplied by a factor of 1.2. Notwithstanding any provision of this paragraph, in the case of States with a total 1990 census population of 15,000,000 or greater, the amount apportioned under this paragraph in a fiscal year to all of such States in the aggregate, shall be distributed among such States based on their relative populations; except that none of such States shall be distributed more than 42 percent of the aggregate amount so apportioned to all of such States. Notwithstanding any other provision of this paragraph, each State shall receive a minimum apportionment of \1/2\ of 1 percent of the funds apportioned under this paragraph. The Secretary shall use estimates prepared by the Secretary of Commerce when determining population figures.''.

(c) Conforming Amendment.-The analysis for chapter 1 of such title is amended by striking

``149. Truck lanes.''

and inserting

``149. Congestion mitigation and air quality improvement program.''.

SEC. 1009. INTERSTATE MAINTENANCE PROGRAM.

(a) Limitation on New Capacity.-Section 119 of title 23, United States Code, is amended by adding at the end the following new subsection:

``(g) Limitation on New Capacity.-Notwithstanding any other provision of this title, the portion of the cost of any project undertaken pursuant to this section that is attributable to the expansion of the capacity of any Interstate highway or bridge, where such new capacity consists of one or more new travel lanes that are not highoccupancy vehicle lanes or auxiliary lanes, shall not be eligible for funding under this section.''.

(b) Adequate Maintenance of the Interstate System.-Section 119(f) of such title is amended by inserting after ``Interstate System routes and'' the following: ``the State is adequately maintaining the Interstate System and''.

(c) Guidance to the States.-The Secretary shall develop and make available to the States criteria for determining-

(1) what share of any project funded under section 119 of title 23, United States Code, is attributable to the expansion of the capacity of an Interstate highway or bridge; and

(2) what constitutes adequate maintenance of the Interstate System for the purposes of section 119(f)(1) of title 23, United States Code.

(d) Nonchargeable Segments.-Section 104(b)(5)(B) of title 23, United States Code, is amended by inserting ``and routes on the Interstate System designated under section 139(a) of this title before March 9, 1984,'' after ``under sections 103 and 139(c) of this title'' each place it appears.

(e) Conforming Amendments.-

(1) New heading.-The heading for section 119 of such title is amended to read as follows:

``Sec. 119. Interstate maintenance program''.

(2) Analysis.-The analysis for chapter 1 of such title is amended by striking

``119. Interstate System resurfacing.''

and inserting

``119. Interstate maintenance program.''.

(3) Eligible activities.-Section 119(c) of such title is _amended to read as follows:

``(c) Eligible Activities.-Activities authorized in subsection (a) may include the reconstruction of bridges, interchanges, and over crossings along existing Interstate routes, including the acquisition of rightofway where necessary, but shall not include the construction of new travel lanes other than high occupancy vehicle lanes or auxiliary lanes.''.

(4) Preventive maintenance.-Section 119(e) of such title is amended to read as follows:

``(e) Preventive Maintenance.-Preventive maintenance activities shall be eligible under this section when a State can demonstrate, through its pavement management system, that such activities are a costeffective means of extending Interstate pavement life.''.

(5) Miscellaneous.-Section 119 of such title is amended-

(A) in subsection (a) by striking ``, rehabilitating, and reconstructing'' and inserting ``and rehabilitating'';

(B) in subsection (a) by striking the last sentence;

(C) in the heading for subsection (f) by striking ``Primary System'' and inserting ``Surface Transportation Program'';

(D) in subsection (f)(1) by striking ``rehabilitating, or reconstructing'' and inserting ``or rehabilitating''; and

(E) in subsection (f) by striking ``section 104(b)(1)'' each place it appears and inserting ``sections 104(b)(1) and 104(b)(3)''.

SEC. 1010. OPERATION LIFESAVER; HIGH SPEED RAIL CORRIDORS.

Section 104(d) of title 23, United States Code, is amended to read as follows:

``(d) Operation Lifesaver and High Speed Rail Corridors.-

``(1) Operation lifesaver.-The Secretary shall expend, from administrative funds deducted under subsection (a), $300,000 for each fiscal year for carrying out a public information and education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities and to improve driver performance at railwayhighway crossings.

``(2) Railwayhighway crossing hazard elimination in high speed rail corridors.-(A) Before making an apportionment of funds under subsection (b)(3) for a fiscal year, the Secretary shall set aside $5,000,000 of the funds authorized to be appropriated for the surface transportation program for such fiscal year for elimination of hazards of railwayhighway crossings in not to exceed 5 railway corridors selected by the _Secretary in accordance with the criteria set forth in this _paragraph.

``(B) A corridor selected by the Secretary under subparagraph (A) must include rail lines where railroad speeds of 90 miles per hour are occurring or can reasonably be expected to occur in the future.

``(3) In making the determination required by paragraph (2)(A), the Secretary shall consider projected rail ridership volumes in such corridors, the percentage of the corridor over which a train will be capable of operating at its maximum cruise speed taking into account such factors as topography and other traffic on the line, projected benefits to nonriders such as congestion relief on other modes of transportation serving the corridors (including congestion in heavily traveled air passenger corridors), the amount of State and local financial support that can reasonably be anticipated for the improvement of the line and related facilities, and the cooperation of the owner of the rightofway that can reasonably be expected in the operation of high speed rail passenger service in such corridors.''.

SEC. 1011. SUBSTITUTE PROGRAM.

(a) Highway Projects.-

(1) Authorization of appropriations.-Section 103(e)(4)(G) of title 23, United States Code, is amended-

(A) by striking ``and'' the next to the last place it appears;

(B) by inserting before the period at the end the following: ``, $240,000,000 per fiscal year for each of fiscal years 1992, 1993, 1994, and 1995''; and

(C) by adding at the end the following: ``Such sums may be obligated for transit substitute projects under this paragraph.''.

(2) Distribution.-Section 103(e)(4)(H) of such title is _amended-

(A) by adding at the end of clause (i) the following new sentence: ``For each of fiscal years 1992, 1993, 1994, and 1995, all funds made available by subparagraph (G) shall be apportioned in accordance with cost estimates adjusted by the Secretary.'';

(B) in clause (iii), by striking ``1988, 1989, 1990, and 1991 apportionments'' and inserting ``1988m1995 apportionments''; and

(C) by striking ``and 1991.'' and inserting ``1991, 1992, 1993, 1994, and 1995.''.

(b) Transit Projects.-Section 103(e)(4)(J) of such title is _amended-

(1) in clause (i) by inserting after ``1983,'' the following: ``and ending before October 1, 1991'';

(2) by adding at the end of clause (i) the following new sentence: ``100 percent of funds appropriated for each of fiscal years 1992 and 1993 shall be apportioned in accordance with cost estimates adjusted by the Secretary.'';

(3) in clause (iii) by striking ``1988, 1989, 1990, and 1991 apportionments'' and inserting ``1988m1993 apportionments''; and

(4) by striking ``and 1991.'' and inserting ``1991, 1992, and 1993.''.

(c) Period of Availability.-Section 103(e)(4)(E)(i) of such title is amended by adding at the end the following new sentence: ``In the case of funds authorized to be appropriated for substitute transit projects under this paragraph for fiscal year 1993 and for substitute highway projects under this paragraph for fiscal year 1995, such funds shall remain available until expended.''.

SEC. 1012. TOLL ROADS, BRIDGES, AND TUNNELS.

(a) New Program.-Section 129(a) of title 23, United States Code, is amended to read as follows:

``(a) Basic Program.-

``(1) Authorization for federal participation.-Notwithstanding section 301 of this title and subject to the provisions of this section, the Secretary shall permit Federal participation in-

``(A) initial construction of a toll highway, bridge, or tunnel (other than a highway, bridge, or tunnel on the Interstate System) or approach thereto;

``(B) reconstructing, resurfacing, restoring, and rehabilitating a toll highway, bridge, or tunnel (including a toll highway, bridge, or tunnel subject to an agreement entered into under this section or section 119(e) as in effect on the day before the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991) or approach thereto;

``(C) reconstruction or replacement of a tollfree bridge or tunnel and conversion of the bridge or tunnel to a toll facility;

``(D) reconstruction of a tollfree Federalaid highway (other than a highway on the Interstate System) and conversion of the highway to a toll facility; and

``(E) preliminary studies to determine the feasibility of a toll facility for which Federal participation is authorized under subparagraph (A), (B), (C), or (D);

on the same basis and in the same manner as in the construction of free highways under this chapter.

``(2) Ownership.-Each highway, bridge, tunnel, or approach thereto constructed under this subsection must-

``(A) be publicly owned, or

``(B) be privately owned if the public authority having jurisdiction over the highway, bridge, tunnel, or approach has entered into a contract with a private person or persons to design, finance, construct, and operate the facility and the public authority will be responsible for complying with all applicable requirements of this title with respect to the facility.

``(3) Limitations on use of revenues.-Before the Secretary may permit Federal participation under this subsection in construction of a highway, bridge, or tunnel located in a State, the public authority (including the State transportation department) having jurisdiction over the highway, bridge, or tunnel must enter into an agreement with the Secretary which provides that all toll revenues received from operation of the toll facility will be used first for debt service, for reasonable return on investment of any private person financing the project, and for the costs necessary for the proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration, and rehabilitation. If the State certifies annually that the tolled facility is being adequately maintained, the State may use any toll revenues in excess of amounts required under the preceding sentence for any purpose for which Federal funds may be obligated by a State under this title.

``(4) Special rule for funding.-In the case of a toll highway, bridge, or tunnel under the jurisdiction of a public authority of a State (other than the State transportation department), upon request of the State transportation department and subject to such terms and conditions as such department and public authority may agree, the Secretary shall reimburse such public authority for the Federal share of the costs of construction of the project carried out on the toll facility under this subsection in the same manner and to the same extent as such department would be reimbursed if such project was being carried out by such department. The reimbursement of funds under this paragraph shall be from sums apportioned to the State under this chapter and available for obligations on projects on the Federalaid system in such State on which the project is being carried out.

``(5) Limitation on federal share.-Except as otherwise _provided in this paragraph, the Federal share payable for _construction of a highway, bridge, tunnel, or approach thereto or _conversion of a highway, bridge, or tunnel to a toll facility under this subsection shall be such percentage as the State determines but not to exceed 50 percent. The Federal share payable for construction of a new bridge, tunnel, or approach thereto or for reconstruction or replacement of a bridge, tunnel, or approach thereto shall be such percentage as the Secretary determines but not to exceed 80 percent. In the case of a toll facility subject to an agreement under section 119 or 129, the Federal share payable on any project for resurfacing, restoring, rehabilitating, or reconstructing such facility shall be 80 percent until the scheduled expiration of such agreement (as in effect on the day before the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991).

``(6) Modifications.-If a public authority (including a State transportation department) having jurisdiction over a toll highway, bridge, or tunnel subject to an agreement under this section or section 119(e), as in effect on the day before the effective date of title I of the Intermodal Surface Transportation Efficiency Act of 1991, requests modification of such agreement, the Secretary shall modify such agreement to allow the continuation of tolls in accordance with paragraph (3) without repayment of Federal funds.

``(7) Loans.-A State may loan all or part of the Federal share of a toll project under this section to a public or private agency constructing a toll facility. Such loan may be made only after all Federal environmental requirements have been complied with and permits obtained. The amount loaned shall be subordinated to other debt financing for the facility except for loans made by the State or any other public agency to the agency constructing the facility. Funds loaned pursuant to this section may be obligated for projects eligible under this section. The repayment of any such loan shall commence not more than 5 years after the facility has opened to traffic. Any such loan shall bear interest at the average rate the State's pooled investment fund earned in the 52 weeks preceding the start of repayment. The term of any such loan shall not exceed 30 years from the time the loan was obligated. Amounts repaid to a State from any loan made under this section may be obligated for any purpose for which the loaned funds were available. The Secretary shall establish procedures and guidelines for making such loans.

``(8) Initial construction defined.-For purposes of this subsection, the term `initial construction' means the construction of a highway, bridge, or tunnel at any time before it is open to traffic and does not include any improvement to a highway, bridge, or tunnel after it is open to traffic.''.

(b) Congestion Pricing Pilot Program.-(1) The Secretary shall solicit the participation of State and local governments and public authorities for one or more congestion pricing pilot projects. The Secretary may enter into cooperative agreements with as many as 5 such State or local governments or public authorities to establish, maintain, and monitor congestion pricing projects.

(2) Notwithstanding section 129 of title 23, United States Code, the Federal share payable for such programs shall be 80 percent. The Secretary shall fund all of the development and other start up costs of such projects, including salaries and expenses, for a period of at least 1 year, and thereafter until such time that sufficient revenues are being generated by the program to fund its operating costs without Federal participation, except that the Secretary may not fund any project for more than 3 years.

(3) Revenues generated by any pilot project under this subsection must be applied to projects eligible under such title.

(4) Notwithstanding sections 129 and 301 of title 23, United States Code, the Secretary shall allow the use of tolls on the Interstate System as part of a pilot program under this section, but not on more than 3 of such programs.

(5) The Secretary shall monitor the effect of such projects for a period of at least 10 years, and shall report to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives every 2 years on the effects such programs are having on driver behavior, traffic, volume, transit ridership, air quality, and availability of funds for transportation programs.

(6) Of the sums made available to the Secretary pursuant to section 104(a) of title 23, United States Code, not to exceed $25,000,000 shall be made available each fiscal year to carry out the requirements of this subsection. Not more than $15,000,000 of such amounts shall be made available to carry out each pilot project under this section.

(c) Elimination of Public Operation Requirement for Toll Ferries.-Section 129 of such title is amended-

(1) by striking subsections (b), (c), (d), (e), (h), (i), and (k);

(2) by redesignating subsections (f), (g), and (j) as subsections (b), (c), and (d), respectively;

(3) in subsection (c) as so redesignated by inserting ``and ferry terminal facilities'' after ``boats'';

(4) in subsection (c) as so redesignated by striking paragraph (3) and inserting the following:

``(3) Such ferry boat or ferry terminal facility shall be publicly owned.''; and

(5) in subsection (c)(4) as so redesignated-

(A) by inserting ``or other public entity'' after ``State''; and

(B) by inserting before the period at the end the following: ``, debt service, negotiated management fees, and, in the case of a privately operated toll ferry, for a reasonable rate of return''.

(d) Continuation of Existing Agreements.-Unless modified under section 129(a)(6) of such title, as amended by subsection (a) of this section, agreements entered into under section 119(e) or 129 of such title before the effective date of this title and in effect on the day before such effective date shall continue in effect on and after such effective date in accordance with the provisions of such agreement and such section 119(e) or 129.

(e) Special Rule for Certain Existing Toll Facility Agreements.-Notwithstanding sections 119 and 129 of title 23, United States Code, at the request of the nonFederal parties to a toll facility agreement reached before October 1, 1991, regarding the New York State Thruway or the Fort McHenry Tunnel under section 105 of the FederalAid Highway Act of 1978 or section 129 of title 23, United States Code (as in effect on the day before the date of the enactment of this Act), the Secretary shall allow for the continuance of tolls without repayment of Federal funds. Revenues collected from such tolls, after the date of such request, in excess of revenues needed for debt service and the actual costs of operation and maintenance shall be available for (1) any transportation project eligible for assistance under title 23, United States Code, or (2) costs associated with transportation facilities under the jurisdiction of such nonFederal party, including debt service and costs related to the construction, reconstruction, restoration, repair, operation and maintenance of such facilities.

(f) Voiding of Certain Agreements for Im78 Delaware River Bridge.-Upon the joint request of the State of Pennsylvania, the State of New Jersey, and the Delaware River Joint Toll Bridge Commission, and upon such parties entering into a new agreement with the Secretary regarding the bridge on Interstate Route 78 which crosses the Delaware River in the vicinity of Easton, Pennsylvania, and Phillipsburg, New Jersey, the Secretary shall void any agreement entered into with such parties with respect to the bridge before the effective date of this subsection under section 129(a), 129(d), or 129(e) of title 23, United States Code. The new agreement referred to in the preceding sentence shall permit the continuation of tolls without repayment of Federal funds and shall provide that all toll revenues received from operation of the bridge will be used-

(1) first for repayment of the nonFederal cost of construction of the bridge (including debt service);

(2) second for the costs necessary for the proper operation and maintenance of the bridge, including resurfacing, restoration, and rehabilitation; and

(3) to the extent that toll revenues exceed the amount necessary for paragraphs (1) and (2), such excess may be used with respect to any other bridge under the jurisdiction of the Delaware River Joint Toll Bridge Commission.

(g) Bridge Connecting Pennsylvania Turnpike System and New Jersey Turnpike.-Section 3 of the Act of October 26, 1951 (65 Stat. 653), is amended by striking ``: Provided,'' and all that follows before the period.

SEC. 1013. MINIMUM ALLOCATION.

(a) General Rule.-Section 157(a) of title 23, United States Code, is amended-

(1) in paragraph (3) by striking ``Thereafter'' and inserting ``Fiscal years 1989m1991'';

(2) in paragraph (3) by striking ``and each fiscal year thereafter,'' and inserting ``, 1990, and 1991''; and

(3) by adding at the end the following new paragraph:

``(4) Thereafter.-In fiscal year 1992 and each fiscal year thereafter on October 1, or as soon as possible thereafter, the Secretary shall allocate among the States amounts sufficient to ensure that a State's percentage of the total apportionments in each such fiscal year and allocations for the prior fiscal year for Interstate construction, Interstate maintenance, Interstate highway substitute, National Highway System, surface transportation program, bridge program, scenic byways, and grants for safety belts and motorcycle helmets shall not be less than 90 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.''.

(b) Conforming Amendments.-Section 157(b) of such title is amended-

(1) by striking ``primary, secondary,'' and inserting ``National Highway, surface transportation program,'';

(2) by striking ``urban,'' and inserting ``congestion mitigation and air quality improvement program,'';

(3) by striking ``replacement and rehabilitation''; and

(4) by inserting after the first sentence the following: ``\1/2\ of the amounts allocated pursuant to subsection (a) after September 30, 1991, shall be subject to section 133(d)(3) of this title.''.

(c) Donor State Bonus Amounts.-

(1) Funding.-There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the payment of donor State bonus amounts the following amounts for the following fiscal years:

(A) For fiscal year 1992 $429,000,000.

(B) For fiscal year 1993 $514,000,000.

(C) For fiscal year 1994 $514,000,000.

(D) For fiscal year 1995 $514,000,000.

(E) For fiscal year 1996 $514,000,000.

(F) For fiscal year 1997 $515,000,000.

(2) Apportionment.-

(A) Formula.-The bonus apportionments which are provided under this subsection for a fiscal year shall be apportioned in such a way as to bring each successive State, or States, with the lowest dollar return on dollar projected to be contributed into the Highway Trust Fund for such fiscal year, up to the highest common return on contributed dollar that can be funded with the annual authorizations provided under this subsection.

(B) Applicability of chapter 1 of title 23.-Funds apportioned under this subsection shall be available for obligation in the same manner and for the same purposes as if such funds were apportioned for the surface transportation program under chapter 1 of title 23, United States Code, except that such funds shall remain available until expended. Onehalf of the amounts apportioned under this subsection shall be subject to section 133(d)(3) of title 23, United States Code, as added by this Act.

SEC. 1014. REIMBURSEMENT FOR SEGMENTS OF THE INTERSTATE SYSTEM CONSTRUCTED WITHOUT FEDERAL ASSISTANCE.

(a) In General.-Chapter 1 of title 23, United States Code, is amended by adding at the end the following new section:

``Sec. 160. Reimbursement for segments of the Interstate System constructed without Federal assistance

``(a) General Authority.-The Secretary shall allocate to the States in each of fiscal years 1996 and 1997 amounts determined under subsection (b) for reimbursement of their original contributions to construction of segments of the Interstate System which were constructed without Federal financial assistance.

``(b) Determination of Reimbursement Amount.-The amount to be reimbursed to a State in each of fiscal years 1996 and 1997 under this section shall be determined by multiplying the amount made available for carrying out this section for such fiscal year by the reimbursement percentage set forth in the table contained in subsection (c).

``(c) Reimbursement Table.-For purposes of carrying out this section, the reimbursement percentage, the original cost for constructing the Interstate System, and the total reimbursable amount for each State is set forth in the following table:

ÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄÄ

States Original cost Reimbursement Reimbursable

in millions percentage amount in

millions

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Alabama ................. $9 0.50 $147

Alaska ............................ 0.50 147

Arizona ..................20 0.50 147

Arkansas ................. 6 0.50 147

California ............. 298 5.42 1,591

Colorado ................ 23 0.50 147

Connecticut ............ 314 5.71 1,676

Delaware ................ 39 0.71 209

Florida ................. 31 0.56 164

Georgia ................. 46 0.84 246

Hawaii ............................ 0.50 147

Idaho .................... 5 0.50 147

Illinois ............... 475 8.62 2,533

Indiana ................ 167 3.03 892

Iowa ..................... 5 0.50 147

Kansas ................. 101 1.84 540

Kentucky ................ 32 0.57 169

Louisiana ............... 22 0.50 147

Maine ................... 38 0.69 204

Maryland ............... 154 2.79 820

Massachusetts .......... 283 5.14 1,511

Michigan ............... 228 4.14 1,218

Minnesota ............... 16 0.50 147

Mississippi .............. 6 0.50 147

Missouri ................ 74 1.35 396

Montana .................. 5 0.50 147

Nebraska ................. 1 0.50 147

Nevada ................... 2 0.50 147

New Hampshire ............ 8 0.50 147

New Jersey ............. 353 6.41 1,882

New Mexico ............... 8 0.50 147

New York ............... 929 16.88 4,960

North Carolina .......... 36 0.65 191

North Dakota ............. 3 0.50 147

Ohio ................... 257 4.68 1,374

Oklahoma ................ 91 1.66 486

Oregon .................. 78 1.42 417

Pennsylvania ........... 354 6.43 1,888

Rhode Island ............ 12 0.50 147

South Carolina ........... 4 0.50 147

South Dakota ............. 5 0.50 147

Tennessee ................ 7 0.50 147

Texas .................. 200 3.64 1,069

Utah ..................... 6 0.50 147

Vermont .................. 1 0.50 147

Virginia ............... 111 2.01 591

Washington .............. 73 1.32 389

West Virginia ............ 5 0.50 147

Wisconsin ................ 8 0.50 147

Wyoming .................. 9 0.50 147

D.C....................... 9 0.50 147

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TOTALS .............. $4,967 100.00 $29,384

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``(d) Transfer of Reimbursable Amounts to STP Apportionment.-Subject to subsection (e) of this section, the Secretary shall transfer amounts allocated to a State pursuant to this section to the apportionment of such State under section 104(b)(3) for the surface transportation program.

``(e) Limitation on Applicability of Certain Requirements of STP Program.-The following provisions of section 133 of this title shall not apply to \1/2\ of the amounts transferred under subsection (d) to the apportionment of the State for the surface transportation program:

``(1) Subsection (d)(1).

``(2) Subsection (d)(2).

``(3) Subsection (d)(3).

``(f) Authorization of Appropriations.-There is authorized to be appropriated, out of the Highway Trust Fund (other than the Mass Transit Account), $2,000,000,000 per fiscal year for each of fiscal years 1996 and 1997 to carryout this section.''.

(b) Conforming Amendment.-The analysis for chapter 1 of such title is amended by adding at the end the following new item:

``160. Reimbursement for segments of the Interstate System constructed without Federal assistance.''.

(c) Kansas Projects.-

(1) United states route 50.-The State of Kansas shall obligate in fiscal year 1996 $24,440,000 to construct the Hutchinson Bypass between United States Route 50 and Kansas Route 96 in the vicinity of Hutchinson, Kansas. Such funds shall be obligated from amounts allocated to the State of Kansas for fiscal year 1996 under section 160 of title 23, United States Code.

(2) United states route 91.-The State of Kansas shall obligate in fiscal years 1996 and 1997 such sums as may be necessary to widen United States Route 91 from Belleville, Kansas, to the Nebraska border. Such funds shall be obligated from amounts allocated to the State of Kansas for fiscal years 1996 and 1997 under such section.

(3) Nonapplicability of certain provisions.-Sections 160(d) and 133(d)(3) of title 23, United States Code, shall not apply to funds allocated to the State of Kansas for fiscal years 1996 and 1997.

SEC. 1015. APPORTIONMENT ADJUSTMENTS.

(a) Hold Harmless.-

(1) General rule.-The amount of funds which, but for this subsection, would be apportioned to a State for each of the fiscal years 1992 through 1997 under section 104(b)(3) of title 23, United States Code, for the surface transportation program shall be increased or decreased by an amount which, when added to or subtracted from the aggregate amount of funds apportioned to the State for such fiscal year and funds allocated to the State for the prior fiscal year under section 104(b) of such title, section 103(e)(4) for Interstate highway substitute, section 144 of such title, section 157 of such title, under section 202 of such title for the Federal lands highways program, section 160 of such title for the reimbursement program, and section 1013(c) of this Act for the donor State bonus program, will result in the percentage ~ of ~ amounts ~ so ~ apportioned ~ and ~ allocated ~ to ~ all States being equal to the percentage listed for such State in paragraph (2).

(2) State percentages.-For purposes of paragraph (1) the percentage of amounts apportioned and allocated which are referred to in paragraph (1) for each State, and the District of Columbia shall be determined in accordance with the following table:

Adjustment

States

Percentage

Alabama

1.74

Alaska

1.28

Arizona

1.49

Arkansas

1.20

California

9.45

Colorado

1.35

Connecticut

1.78

Delaware

0.41

District of Columbia

0.53

Florida

4.14

Georgia

2.97

Hawaii

0.57

Idaho

0.69

Illinois

3.72

Indiana

2.20

Iowa

1.25

Kansas

1.14

Kentucky

1.52

Louisiana

1.55

Maine

0.50

Maryland

1.69

Massachusetts

4.36

Michigan

2.81

Minnesota

1.58

Mississippi

1.15

Missouri

2.23

Montana

0.97

Nebraska

0.83

Nevada

0.64

New Hampshire

0.48

New Jersey

2.87

New Mexico

1.08

New York

5.37

North Carolina

2.65

North Dakota

0.62

Ohio

3.73

Oklahoma

1.42

Oregon

1.26

Pennsylvania

4.38

Rhode Island

0.54

South Carolina

1.41

South Dakota

0.71

Tennessee

2.08

Texas

6.36

Utah

0.77

Vermont

0.44

Virginia

2.27

Washington

2.06

West Virginia

0.94

Wisconsin

1.70

Wyoming

0.67

(b) 90 Percent of Payment Adjustments.-

(1) General rule.-For each of fiscal years 1992 through 1997, the Secretary shall allocate among the States amounts sufficient to ensure that a State's total apportionments for such fiscal year and allocations for the prior fiscal year under section 104(b) of such title, section 103(e)(4) for Interstate highway substitute, section 144 of such title, section 157 of such title, section 202 of such title for the Federal lands highways program, section 1013(c) of this Act for the donor State bonus program, section 160 of such title for the reimbursement program, and subsection (a) of this section for hold harmless is not less than 90 percent of the estimated tax payments attributable to highway users in the State paid into the Highway Trust Fund (other than Mass Transit Account) in the latest fiscal year in which data is available.

(2) Transfer of allocated amounts to stp apportionment.-Subject to subsection (d) of this section, the Secretary shall transfer amounts allocated to a State pursuant to paragraph (1) to the apportionment of such State under section 104(b)(3) for the surface transportation program.

(c) Additional Allocation.-Subject to subsection (d) of this section, the Secretary shall allocate to the State of Wisconsin $40,000,000 for fiscal year 1992 and $47,800,000 for each of fiscal years 1993 through 1997 and transfer such amounts to the apportionment of such State under section 104(b)(3) of title 23, United States Code, for the surface transportation program.

(d) Limitation on Applicability of Certain Requirements of STP Program.-The following provisions of section 133 of title 23, United States Code, shall not apply to \1/2\ of the amounts added under subsection (a) to the apportionment of the State for the surface transportation program and of amounts transferred under subsections (b) and (c) to such apportionment:

(1) Subsection (d)(1).

(2) Subsection (d)(2).

(3) Subsection (d)(3).

(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 may be necessary for each of fiscal years 1992 through 1997.

SEC. 1016. PROGRAM EFFICIENCIES.

(a) HOV Passenger Requirements; Engineering Cost Reimbursement.-Section 102 of title 23, United States Code, is amended to read as follows:

``Sec. 102. Program efficiencies

``(a) HOV Passenger Requirements.-A State highway department shall establish the occupancy requirements of vehicles operating in high occupancy vehicle lanes; except that no fewer than 2 occupants per vehicle may be required and, subject to section 163 of the Surface Transportation Assistance Act of 1982, motorcycles and bicycles shall not be considered single occupant vehicles.

``(b) Engineering Cost Reimbursement.-If onsite construction of, or acquisition of rightofway for, a highway project is not commenced within 10 years after the date on which Federal funds are first made available, out of the Highway Trust Fund (other than Mass Transit Account), for preliminary engineering of such project, the State shall pay an amount equal to the amount of Federal funds made available for such engineering. The Secretary shall deposit in such Fund all amounts paid to the Secretary under this section.''.

(b) Project Approval.-Section 106 of such title is amended-

(1) in subsection (a) by inserting ``this section and'' before ``section 117''; and

(2) by striking subsection (b) and inserting the following new subsection:

``(b) Special Rules.-

``(1) 3R projects on nhs.-Notwithstanding any other provision of this title, a State highway department may approve, on a project by project basis, plans, specifications, and estimates for projects to resurface, restore, and rehabilitate highways on the National Highway System if the State certifies that all work will meet or exceed the standards approved by the Secretary under section 109(c).

``(2) Nonnhs projects and lowcost nhs projects.-Any State may request that the Secretary no longer review and approve plans, specifications, and estimates for any project (including any highway project on the National Highway System with an estimated construction cost of less than $1,000,000 but excluding any other highway project on the National Highway System). After receiving any such notification, the Secretary shall undertake project review only as requested by the State.

``(3) Safety considerations.-Safety considerations for projects subject to this subsection may be met by phase construction consistent with an operative safety management system established in accordance with section 303.''.

(c) Standards.-Section 109(c) of such title is amended to read as follows:

``(c) Design and Construction Standards for NHS.-Design and construction standards to be adopted for new construction on the National Highway System, for reconstruction on the National Highway System, and for resurfacing, restoring, and rehabilitating multilane limited access highways on the National Highway System shall be those approved by the Secretary~~~ in~~~ cooperation~~~ with~~~ the~~~ State~~~ highway~~~ departments. All eligible work for such projects shall meet or exceed such _standards.''.

(d) Compliance With State Laws for NonNHS Projects.-Section 109 of such title is amended by adding at the end the following new subsection:

``(p) Compliance With State Laws for NonNHS Projects.-Projects (other than highway projects on the National Highway System) shall be designed, constructed, operated, and maintained in accordance with State laws, regulations, directives, safety standards, design standards, and construction standards.''.

(e) Historic and Scenic Values.-Section 109 of such title is amended by adding at the end the following new subsection:

``(q) Historic and Scenic Values.-If a proposed project under sections 103(e)(4), 133, or 144 involves a historic facility or is located in an area of historic or scenic value, the Secretary may approve such project notwithstanding the requirements of subsections (a) and (b) of this section and section 133(c) if such project is designed to standards that allow for the preservation of such historic or scenic value and such project is designed with mitigation measures to allow preservation of such value and ensure safe use of the facility.''.

(f) Conforming Amendments.-

(1) Standards.-Section 109 of such title is amended-

(A) in subsection (a) by striking ``projects on any Federalaid system'' and inserting ``highway projects under this chapter''; and

(B) in subsection (l)(1) by striking ``Federalaid system'' and inserting ``Federalaid highway''.

(2) Certification acceptance.-Section 117 of such title is amended-

(A) in subsection (a) by striking ``on Federalaid systems, except'' and inserting ``under this chapter, except projects on'';

(B) in subsection (a) by inserting ``or other transportation'' before ``construction,'';

(C) by striking subsection (b) and inserting the following:

``(b) The Secretary may accept projects based on inspections of a type and frequency necessary to ensure the projects are completed in accordance with appropriate standards.''; and

(D) in subsection (e) by inserting ``, section 106(b), section 133, and section 149'' after ``in this section''.

(3) Chapter analysis.-The analysis of chapter 1 of such title, is amended by striking

``102. Authorizations.''

and inserting

``102. Program efficiencies.''.

(g) Limitation on Certain Expenditures.-No Federal funds may be expended for any highway project on any portion of the scenic highway known as ``Ministerial Road'' between route 138 and route 1 in the State of Rhode Island unless the Governor of such State and the town council of the town of South Kingstown, Rhode Island, first agree to the design.

SEC. 1017. ACQUISITION OF RIGHTSOFWAY.

(a) RightofWay Revolving Fund.-Sections 108(a) and 108(c)(3) of title 23, United States Code, are each amended by striking ``ten'' and inserting ``20''.

(b) Early Acquisition of RightsofWay.-Section 108 of such title is further amended by adding at the end the following new subsection:

``(d) Early Acquisition of RightsofWay.-

``(1) General rule.-Subject to paragraph (2), funds apportioned to a State under this title may be used to participate in the payment of-

``(A) costs incurred by the State for acquisition of rightsofway, acquired in advance of any Federal approval or authorization, if the rightsofway are subsequently incorporated into a project eligible for surface transportation program funds; and

``(B) costs incurred by the State for the acquisition of land necessary to preserve environmental and scenic values.

``(2) Terms and conditions.-The Federal share payable of the costs described in paragraph (1) shall be eligible for reimbursement out of funds apportioned to a State under this title when the rightsofway acquired are incorporated into a project eligible for surface transportation program funds, if the State demonstrates to the Secretary and the Secretary finds that-

``(A) any land acquired, and relocation assistance provided, complied with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;

``(B) the requirements of title VI of the Civil Rights Act of 1964 have been complied with;

``(C) the State has a mandatory comprehensive and coordinated land use, environment, and transportation planning process under State law and the acquisition is certified by the Governor as consistent with the State plans before the acquisition;

``(D) the acquisition is determined in advance by the Governor to be consistent with the State transportation planning process pursuant to section 135 of this title;

``(E) the alternative for which the rightofway is acquired is selected by the State pursuant to regulations to be issued by the Secretary which provide for the consideration of the environmental impacts of various alternatives;

``(F) before the time that the cost incurred by a State is approved for Federal participation, environmental compliance pursuant to the National Environmental Policy Act has been completed for the project for which the rightofway was acquired by the State, and the acquisition has been approved by the Secretary under this Act, and in compliance with section 4(f) of the Department of Transportation Act, section 7 of the Endangered Species Act, and all other applicable environmental laws shall be identified by the Secretary in regulations; and

``(G) before the time that the cost incurred by a State is approved for Federal participation, both the Secretary and the Administrator of the Environmental Protection Agency have concurred that the property acquired in advance of Federal approval or authorization did not influence the environmental assessment of the project, the decision relative to the need to construct the project, or the selection of the project design or location.''.

(c) Preservation of Transportation Corridors Report.-The Secretary, in consultation with the States, shall report to Congress within 2 years after the date of the enactment of this Act, a national list of the rightsofway identified by the metropolitan planning organizations and the States (under sections 134 and 135 of title 23, United States Code), including the total mileage involved, an estimate of the total costs, and a strategy for preventing further loss of rightsofway including the desirability of creating a transportation rightofway land bank to preserve vital corridors.

SEC. 1018. PRECONSTRUCTION ACTIVITIES.

(a) Limitation on Estimates for Construction Engineering.-Section 106(c) of title 23, United States Code, is amended to read as follows:

``(c) Limitation on Estimates for Construction Engineering.-Items included in all such estimates for construction engineering for a State for a fiscal year shall not exceed, in the aggregate, 15 percent of the total estimated costs of all projects financed within the boundaries of the State with Federalaid highway funds in such fiscal year, after excluding from such total estimate costs, the estimated costs of rightsofway, preliminary engineering, and construction engineering.''.

(b) Conforming Amendments.-Section 121(d) of such title is amended-

(1) by striking ``120'' and inserting ``106(c), 120,''; and

(2) by striking the last sentence.

SEC. 1019. CONVICT PRODUCED MATERIALS.

Section 114(b)(2) of title 23, United States Code, is amended by inserting ``after July 1, 1991,'' after ``Materials produced''.

SEC. 1020. PERIOD OF AVAILABILITY.

(a) Date and Period of Availability; Discretionary Projects.-Section 118 of title 23, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections:

``(a) Date Available for Obligation.-Except as otherwise specifically provided, authorizations from the Highway Trust Fund (other than the Mass Transit Account) to carry out this title shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.

``(b) Period of Availability; Discretionary Projects.-

``(1) Interstate construction funds.-Funds apportioned or allocated for Interstate construction in a State shall remain available for obligation in that State until the last day of the fiscal year in which they are apportioned or allocated. Sums not obligated by the last day of the fiscal year in which they are apportioned or allocated shall be allocated to other States, except Massachusetts, at the discretion of the Secretary. All sums apportioned or allocated on or after October 1, 1994, shall remain available in the State until expended. All sums apportioned or allocated to Massachusetts on or before October 1, 1989, shall remain available until expended.

``(2) Other funds.-Except as otherwise specifically provided, funds apportioned or allocated pursuant to this title (other than for Interstate construction) in a State shall remain available for obligation in that State for a period of 3 years after the last day of the fiscal year for which the funds are authorized. Any amounts so apportioned or allocated that remain unobligated at the end of that period shall lapse.''.

(b) Set Aside for Discretionary Projects.-Section 118(c) of such title is amended-

(1) by striking ``1983'' and inserting ``1992'';

(2) by striking ``$300,000,000'' and inserting ``$100,000,000''; and

(3) by striking paragraph (2) and inserting the following new paragraph:

``(2) Set aside for 4r projects.-

``(A) In general.-Before any apportionment is made under section 104(b)(1) of this title, the Secretary shall set aside $54,000,000 for fiscal year 1992, $64,000,000 for each fiscal years 1993, 1994, 1995, and 1996, and $65,000,000 for fiscal year 1997 for obligation by the Secretary for projects for resurfacing, restoring, rehabilitating, and reconstructing any route or portion thereof on the Interstate System (other than any highway designated as a part of the Interstate System under section 139 and any toll road on the Interstate System not subject to an agreement under section 119(e) of this title, as in effect on the day before the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991). Of the amounts set aside under the preceding sentence, the Secretary shall obligate $16,000,000 for fiscal year 1992 and $17,000,000 for each of fiscal years 1993 and 1994 for improvements on the Kennedy Expressway in Chicago, Illinois. The remainder of such funds shall be made available by the Secretary to any State applying for such funds, if the Secretary determines that-

``(i) the State has obligated or demonstrates that it will obligate in the fiscal year all of its apportionments under section 104(b)(1) other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a project for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System which has been submitted by the State to the Secretary for approval; and

``(ii) the applicant is willing and able to (I) obligate the funds within 1 year of the date the funds are made available, (II) apply them to a readytocommence project, and (III) in the case of construction work, begin work within 90 days of obligation.

``(B) Priority consideration for certain projects.-In selecting projects to fund under subparagraph (A), the Secretary shall give priority consideration to any project the cost of which exceeds $10,000,000 on any high volume route in an urban area or a high truckvolume route in a rural area.

``(C) Period of availability of discretionary funds.-Sums made available pursuant to this paragraph shall remain available until expended.''.

(c) Conforming Amendment.-Section 118(d) of such title is amended by striking ``(b)(2)'' and inserting ``(b)(1)''.

(d) Alaska and Puerto Rico.-Section 118(f) of such title is amended by striking ``on a Federalaid system''.

SEC. 1021. FEDERAL SHARE.

(a) In General.-Section 120 of title 23, United States Code, is amended by striking subsections (a), (b), (c), and (d) and inserting the following new subsections:

``(a) Interstate System Projects.-Except as otherwise provided in this chapter, the Federal share payable on account of any project on the Interstate System (including a project to add high occupancy vehicle lanes and a project to add auxiliary lanes but excluding a project to add any other lanes) shall be 90 percent of the total cost thereof, plus a percentage of the remaining 10 percent of such cost in any State containing unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal, exceeding 5 percent of the total area of all lands therein, equal to the percentage that the area of such lands in such State is of its total area; except that such Federal share payable on any project in any State shall not exceed 95 percent of the total cost of such project.

``(b) Other Projects.-Except as otherwise provided in this title, the Federal share payable on account of any project or activity carried out under this title (other than a project subject to subsection (a)) shall be-

``(1) 80 percent of the cost thereof, except that in the case of any State containing nontaxable Indian lands, individual and tribal, and public domain lands (both reserved and unreserved) exclusive of national forests and national parks and monuments, exceeding 5 percent of the total area of all lands therein, the Federal share, for purposes of this chapter, shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State, is of its total area; or

``(2) 80 percent of the cost thereof, except that in the case of any State containing nontaxable Indian lands, individual and tribal, public domain lands (both reserved and unreserved), national forests, and national parks and monuments, the Federal share, for purposes of this chapter, shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State is of its total area;

except that the Federal share payable on any project in a State shall not exceed 95 percent of the total cost of any such project. In any case where a State elects to have the Federal share provided in paragraph (2) of this subsection, the State must enter into an agreement with the Secretary covering a period of not less than 1 year, requiring such State to use solely for purposes eligible for assistance under this title (other than paying its share of projects approved under this title) during the period covered by such agreement the difference between the State's share as provided in paragraph (2) and what its share would be if it elected to pay the share provided in paragraph (1) for all projects subject to such agreement.

``(c) Increased Federal Share for Certain Safety Projects.-The Federal share payable on account of any project for traffic control signalization, pavement marking, commuter carpooling and vanpooling, or installation of traffic signs, traffic lights, guardrails, impact attenuators, concrete barrier endtreatments, breakaway utility poles, or priority control systems for emergency vehicles at signalized intersections may amount to 100 percent of the cost of construction of such projects; except that not more than 10 percent of all sums apportioned for all the Federalaid systems for any fiscal year in accordance with section 104 of this title shall be used under this subsection.''.

(b) Conforming Amendments.-Section 120 of such title is further amended-

(1) by striking subsections (j), (k), (l), and (m),

(2) by redesignating subsections (e), (f), (g), (h), (i), and (n) as subsections (d), (e), (f), (g), (h), and (i) respectively, and

(3) in subsection (d) as so redesignated by striking ``and (c)'' and inserting ``and (b)''.

(c) Limitation on Statutory Construction.-The amendments made by this section shall not be construed to affect (1) the Federal share established by the Supplemental Appropriations Act, 1983 (97 Stat. 329) for construction of any highway on the Interstate System, and (2) the Federal share established by section 120(k) of such title, as in effect on the day before the date of the enactment of this Act, with respect to United States Highway 71 in Arkansas from the Im40 intersection to the MissouriArkansas State line.

(d) Higher Federal Share.-If any highway project authorized to be carried out under sections 1103 through 1108 of this Act is a project which would be eligible for assistance under section 204 of title 23, United States Code, or is a project on a federally owned bridge, the Federal share payable on account of such project shall be 100 percent for purposes of this Act.

SEC. 1022. EMERGENCY RELIEF.

(a) Extension of Time Period.-Section 120(d) of title 23, United States Code, as redesignated by section 1021(b) of this Act, is amended by striking ``90 days'' and inserting ``180 days''.

(b)~~~ Dollar~~~ Limitation~~~ for~~~ Territories.-Section~~~ 125(b)(2)~~~ of such title is amended by striking ``$5,000,000'' and inserting ``$20,000,000''.

(c) Applicability.-The amendments made by subsections (a) and (b) shall only apply to natural disasters and catastrophic failures occurring after the date of the enactment of this Act.

SEC. 1023. GROSS VEHICLE WEIGHT RESTRICTION.

(a) Conforming Amendments.-Section 127(a) of title 23, United States Code, is amended-

(1) by striking ``funds authorized to be appropriated for any fiscal year under provisions of the FederalAid Highway Act of 1956 shall be apportioned'' and inserting ``funds shall be apportioned in any fiscal year under section 104(b)(1) of this title''; and

(2) in the fourth sentence by inserting after ``thereof'' the following: ``, other than vehicles or combinations subject to subsection (d) of this section,''.

(b) Operation of Longer Combination Vehicles.-Section 127 of such title is amended by adding at the end the following new subsection:

``(d) Longer Combination Vehicles.-

``(1) Prohibition.-

``(A) General continuation rule.-A longer combination vehicle may continue to operate only if the longer combination vehicle configuration type was authorized by State officials pursuant to State statute or regulation conforming to this section and in actual lawful operation on a regular or periodic basis (including seasonal operations) on or before June 1, 1991, or pursuant to section 335 of the Department of Transportation and Related Agencies Appropriations Act, 1991 (104 Stat. 2186).

``(B) Applicability of state laws and regulations.-All such operations shall continue to be subject to, at the minimum, all State statutes, regulations, limitations and conditions, including, but not limited to, routingspecific and configurationspecific designations and all other restrictions, in force on June 1, 1991; except that subject to such regulations as may be issued by the Secretary pursuant to paragraph (5) of this subsection, the State may make minor adjustments of a temporary and emergency nature to route designations~~~ and~~~ vehicle~~~ operating~~~ restrictions~~~ in~~~ effect on June 1, 1991, for specific safety purposes and road _construction.

``(C) Wyoming.-In addition to those vehicles allowed under subparagraph (A), the State of Wyoming may allow the operation of additional vehicle configurations not in actual operation on June 1, 1991, but authorized by State law not later than November 3, 1992, if such vehicle configurations comply with the single axle, tandem axle, and bridge formula limits set forth in subsection (a) and do not exceed 117,000 pounds gross vehicle weight.

``(D) Ohio.-In addition to vehicles which the State of Ohio may continue to allow to be operated under subparagraph (A), such State may allow longer combination vehicles with 3 cargo carrying units of 28\1/2\ feet each (not including the truck tractor) not in actual operation on June 1, 1991, to be operated within its boundaries on the 1mile segment of Ohio State Route 7 which begins at and is south of exit 16 of the Ohio Turnpike.

``(E) Alaska.-In addition to vehicles which the State of Alaska may continue to allow to be operated under subparagraph (A), such State may allow the operation of longer combination vehicles which were not in actual operation on June 1, 1991, but which were in actual operation prior to July 5, 1991.

``(2) Additional state restrictions.-

``(A) In general.-Nothing in this subsection shall prevent any State from further restricting in any manner or prohibiting the operation of longer combination vehicles otherwise authorized under this subsection; except that such restrictions or prohibitions shall be consistent with the requirements of sections 411, 412, and 416 of the Surface Transportation Assistance Act of 1982 (49 U.S.C. App. 2311, 2312, and 2316).

``(B) Minor adjustments.-Any State further restricting or prohibiting the operations of longer combination vehicles or making minor adjustments of a temporary and emergency nature as may be allowed pursuant to regulations issued by the Secretary pursuant to paragraph (5) of this subsection, shall, within 30 days, advise the Secretary of such action, and the Secretary shall publish a notice of such action in the Federal Register.

``(3) Publication of list.-

``(A) Submission to secretary.-Within 60 days of the date of the enactment of this subsection, each State (i) shall submit to the Secretary for publication in the Federal Register a complete list of (I) all operations of longer combination vehicles being conducted as of June 1, 1991, pursuant to State statutes and regulations; (II) all limitations and conditions, including, but not limited to, routingspecific and configurationspecific designations and all other restrictions, governing the operation of longer combination vehicles otherwise prohibited under this subsection; and (III) such statutes, regulations, limitations, and conditions; and (ii) shall submit to the Secretary copies of such statutes, regulations, limitations, and conditions.

``(B) Interim list.-Not later than 90 days after the date of the enactment of this subsection, the Secretary shall publish an interim list in the Federal Register, consisting of all information submitted pursuant to subparagraph (A). The Secretary shall review for accuracy all information submitted by the States pursuant to subparagraph (A) and shall solicit and consider public comment on the accuracy of all such information.

``(C) Limitation.-No statute or regulation shall be included on the list submitted by a State or published by the Secretary merely on the grounds that it authorized, or could have authorized, by permit or otherwise, the operation of longer combination vehicles, not in actual operation on a regular or periodic basis on or before June 1, 1991.

``(D) Final list.-Except as modified pursuant to paragraph (1)(C) of this subsection, the list shall be published as final in the Federal Register not later than 180 days after the date of the enactment of this subsection. In publishing the final list, the Secretary shall make any revisions _necessary to correct inaccuracies identified under _subparagraph (B). After publication of the final list, longer _combination vehicles may not operate on the Interstate System except as provided in the list.

``(E) Review and correction procedure.-The Secretary, on his or her own motion or upon a request by any person (including a State), shall review the list issued by the Secretary pursuant to subparagraph (D). If the Secretary determines there is cause to believe that a mistake was made in the accuracy of the final list, the Secretary shall commence a proceeding to determine whether the list published pursuant to subparagraph (D) should be corrected. If the Secretary determines that there is a mistake in the accuracy of the list the Secretary shall correct the publication under subparagraph (D) to reflect the determination of the Secretary.

``(4) Longer combination vehicle defined.-For purposes of this section, the term `longer combination vehicle' means any combination of a truck tractor and 2 or more trailers or semitrailers which operates on the Interstate System at a gross vehicle weight greater than 80,000 pounds.

``(5) Regulations regarding minor adjustments.-Not later than 180 days after the date of the enactment of this subsection, the Secretary shall issue regulations establishing criteria for the States to follow in making minor adjustments under paragraph (1)(B).''.

(c) State Certification.-Section 141(b) of such title is amended by adding at the end the following new sentence: ``Each State shall also certify that it is enforcing and complying with the provisions of section 127(d) of this title and section 411(j) of the Surface Transportation Assistance Act of 1982 (49 U.S.C. App. 2311(j)).''.

(d) Interstate Route 68.-Section 127 of such title is amended by adding at the end the following new subsection:

``(e) Operation of Certain Specialized Hauling Vehicles on Interstate Route 68.-The single axle, tandem axle, and bridge formula limits set forth in subsection (a) shall not apply to the operation on Interstate Route 68 in Garrett and Allegany Counties, Maryland, of any specialized vehicle equipped with a steering axle and a tridem axle and used for hauling coal, logs, and pulpwood if such vehicle is of a type of vehicle as was operating in such counties on United States Route 40 or 48 for such purpose on August 1, 1991.''.

(e) Firefighting Vehicles.-

(1) Temporary exemption.-The second sentence of section 127 of title 23, United States Code, relating to axle weight limitations and the bridge formula for vehicles using the National System of Interstate and Defense Highways, shall not apply, in the 2year period beginning on the date of the enactment of this Act, to any existing vehicle which is used for the purpose of protecting persons and property from fires and other disasters that threaten public safety and which is in actual operation before such date of enactment and to any new vehicle to be used for such purpose while such vehicle is being delivered to a firefighting agency. The Secretary may extend such 2year period for an additional year.

(2) Study.-The Secretary shall conduct a study-

(A) of State laws regulating the use on the National System of Interstate and Defense Highways of vehicles which are used for the purpose of protecting persons and property from fires and other disasters that threaten public safety and which are being delivered to or operated by a firefighting agency; and

(B) of the issuance of permits by States which exempt such vehicles from the requirements of the second sentence of section 127 of title 23, United States Code.

(3) Purposes.-The purposes of the study under this subsection are to determine whether or not such State laws and such section 127 need to be modified with regard to such vehicles and whether or not a permanent exemption should be made for such vehicles from the requirements of such laws and section 127 or whether or not the bridge formula set forth in such section should be modified as it applies to such vehicles.

(4) Report.-Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the results of the study conducted under paragraph (2), together with recommendations.

(f) MontanaCanada Trade.-The Secretary shall not withhold funds from the State of Montana on the basis of actions taken by the State of Montana pursuant to a draft memorandum of understanding with the Province of Alberta, Canada, regarding truck transportation between Canada and Shelby, Montana; except that such actions do not include actions not permitted by the State of Montana on or before June 1, 1991.

(g) Transporters of Water Well Drilling Rigs.-

(1) Study.-The Secretary shall conduct a study of State and Federal regulations pertaining to transporters of water well drilling rigs on public highways for the purpose of identifying requirements which place a burden on such transporters without enhancing safety or preservation of public highways.

(2) Report.-Not later than 2 years after the date of the enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study conducted under paragraph (1), together with any legislative and administrative recommendations of the Secretary.

SEC. 1024. METROPOLITAN PLANNING.

(a) In General.-Section 134 of title 23, United States Code, is amended to read as follows:

``Sec. 134. Metropolitan planning

``(a) General Requirements.-It is in the national interest to encourage and promote the development of transportation systems embracing various modes of transportation in a manner which will efficiently maximize mobility of people and goods within and through urbanized areas and minimize transportationrelated fuel consumption and air pollution. To accomplish this objective, metropolitan planning organizations, in cooperation with the State, shall develop transportation plans and programs for urbanized areas of the State. Such plans and programs shall provide for the development of transportation facilities (including pedestrian walkways and bicycle transportation facilities) which will function as an intermodal transportation system for the State, the metropolitan areas, and the Nation. The process for developing such plans and programs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems.

``(b) Designation of Metropolitan Planning Organizations.-

``(1) In general.-To carry out the transportation planning process required by this section, a metropolitan planning organization shall be designated for each urbanized area of more than 50,000 population by agreement among the Governor and units of general purpose local government which together represent at least 75 percent of the affected population (including the central city or cities as defined by the Bureau of the Census) or in accordance with procedures established by applicable State or local law.

``(2) Membership of certain mpo's.-In a metropolitan area designated as a transportation management area, the metropolitan planning organization designated for such area shall include local elected officials, officials of agencies which administer or operate major modes of transportation in the metropolitan area (including all transportation agencies included in the metropolitan planning organization on June 1, 1991) and appropriate State officials. This paragraph shall only apply to a metropolitan planning organization which is redesignated after the date of the enactment of this section.

``(3) Limitation on statutory construction.-Nothing in this subsection shall be construed to interfere with the authority, under any State law in effect on the date of the enactment of this section, of a public agency with multimodal transportation responsibilities to-

``(A) develop plans and programs for adoption by a metropolitan planning organization; and

``(B) develop longrange capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law.

``(4) Continuing designation.-Designations of metropolitan planning organizations, whether made under this section or other provisions of law, shall remain in effect until redesignated under paragraph (5) or revoked by agreement among the Governor and units of general purpose local government which together represent at least 75 percent of the affected population or as otherwise provided under State or local procedures.

``(5) Redesignation.-

``(A) Procedures.-A metropolitan planning organization may be redesignated by agreement among the Governor and units of general purpose local government which together represent at least 75 percent of the affected population (including the central city or cities as defined by the Bureau of the Census) as appropriate to carry out this section.

``(B) Certain requests to redesignate.-A metropolitan planning organization shall be redesignated upon request of a unit or units of general purpose local government representing at least 25 percent of the affected population (including the central city or cities as defined by the Bureau of the Census) in any urbanized area (i) whose population is more than 5,000,000 but less than 10,000,000, or (ii) which is an extreme nonattainment area for ozone or carbon monoxide as defined under the Clean Air Act. Such redesignation shall be accomplished using procedures established by subparagraph (A).

``(6) Treatment of large urban areas.-More than 1 metropolitan planning organization may be designated within an urbanized area as defined by the Bureau of the Census only if the Governor determines that the size and complexity of the urbanized area make designation of more than 1 metropolitan planning organization for such area appropriate.

``(c) Metropolitan Area Boundaries.-For the purposes of this section, the boundaries of a metropolitan area shall be determined by agreement between the metropolitan planning organization and the Governor. Each metropolitan area shall cover at least the existing urbanized area and the contiguous area expected to become urbanized within the 20year forecast period and may encompass the entire metropolitan statistical area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. For areas designated as nonattainment areas for ozone or carbon monoxide under the Clean Air Act, the boundaries of the metropolitan area shall at least include the boundaries of the nonattainment area, except as otherwise provided by agreement between the metropolitan planning organization and the Governor.

``(d) Coordination in Multistate Areas.-

``(1) In general.-The Secretary shall establish such requirements as the Secretary considers appropriate to encourage _Governors and metropolitan planning organizations with _responsibility for a portion of a multiState metropolitan area to provide coordinated transportation planning for the entire metropolitan area.

``(2) Compacts.-The consent of Congress is hereby given to any 2 or more States to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative efforts and mutual assistance in support of activities authorized under this section as such activities pertain to interstate areas and localities within such States and to establish such agencies, joint or otherwise, as such States may deem desirable for making such agreements and compacts effective.

``(e) Coordination of MPO's.-If more than 1 metropolitan planning organization has authority within a metropolitan area or an area which is designated as a nonattainment area for ozone or carbon monoxide under the Clean Air Act, each metropolitan planning organization shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans and programs required by this section.

``(f) Factors To Be Considered.-In developing transportation plans and programs pursuant to this section, each metropolitan planning organization shall, at a minimum, consider the following:

``(1) Preservation of existing transportation facilities and, where practical, ways to meet transportation needs by using existing transportation facilities more efficiently.

``(2) The consistency of transportation planning with applicable Federal, State, and local energy conservation programs, goals, and objectives.

``(3) The need to relieve congestion and prevent congestion from occurring where it does not yet occur.

``(4) The likely effect of transportation policy decisions on land use and development and the consistency of transportation plans and programs with the provisions of all applicable short and longterm land use and development plans.

``(5) The programming of expenditure on transportation enhancement activities as required in section 133.

``(6) The effects of all transportation projects to be undertaken within the metropolitan area, without regard to whether such projects are publicly funded.

``(7) International border crossings and access to ports, airports, intermodal transportation facilities, major freight distribution routes, national parks, recreation areas, monuments and historic sites, and military installations.

``(8) The need for connectivity of roads within the metropolitan area with roads outside the metropolitan area.

``(9) The transportation needs identified through use of the management systems required by section 303 of this title.

``(10) Preservation of rightsofway for construction of future transportation projects, including identification of unused rightsofway which may be needed for future transportation corridors and identification of those corridors for which action is most needed to prevent destruction or loss.

``(11) Methods to enhance the efficient movement of freight.

``(12) The use of lifecycle costs in the design and engineering of bridges, tunnels, or pavement.

``(13) The overall social, economic, energy, and environmental effects of transportation decisions.

``(14) Methods to expand and enhance transit services and to increase the use of such services.

``(15) Capital investments that would result in increased security in transit systems.

``(g) Development of Long Range Plan.-

``(1) In general.-Each metropolitan planning organization shall prepare, and update periodically, according to a schedule that the Secretary determines to be appropriate, a long range plan for its metropolitan area in accordance with the requirements of this subsection.

``(2) Long range plan.-A long range plan under this section shall be in a form that the Secretary determines to be appropriate and shall, at a minimum:

``(A) Identify transportation facilities (including but not necessarily limited to major roadways, transit, and multimodal and intermodal facilities) that should function as an integrated metropolitan transportation system, giving emphasis to those facilities that serve important national and regional transportation functions. In formulating the long range plan, the metropolitan planning organization shall consider factors described in subsection (f) as such factors relate to a 20year forecast period.

``(B) Include a financial plan that demonstrates how the longrange plan can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any innovative financing techniques to finance needed projects and programs, including such techniques as value capture, tolls and congestion pricing.

``(C) Assess capital investment and other measures necessary to-

``(i) ensure the preservation of the existing metropolitan transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major roadways, as well as operations, maintenance, modernization, and rehabilitation of existing and future transit facilities; and

``(ii) make the most efficient use of existing transportation facilities to relieve vehicular congestion and maximize the mobility of people and goods.

``(D) Indicate as appropriate proposed transportation enhancement activities.

``(3) Coordination with clean air act agencies.-In metropolitan areas which are in nonattainment for ozone or carbon monoxide under the Clean Air Act, the metropolitan planning organization shall coordinate the development of a long range plan with the process for development of the transportation control measures of the State implementation plan required by the Clean Air Act.

``(4) Participation by interested parties.-Before approving a long range plan, each metropolitan planning organization shall provide citizens, affected public agencies, representatives of transportation agency employees, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the long range plan, in a manner that the Secretary deems appropriate.

``(5) Publication of long range plan.-Each long range plan prepared by a metropolitan planning organization shall be-

``(i) published or otherwise made readily available for public review; and

``(ii) submitted for information purposes to the Governor at such times and in such manner as the Secretary shall establish.

``(h) Transportation Improvement Program.-

``(1) Development.-The metropolitan planning organization designated for a metropolitan area, in cooperation with the State and affected transit operators, shall develop a transportation improvement program for the area for which such organization is designated. In developing the program, the metropolitan planning organization shall provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the proposed program. The program shall be updated at least once every 2 years and shall be approved by the metropolitan planning organization and the Governor.

``(2) Priority of projects.-The transportation improvement program shall include the following:

``(A) A priority list of projects and project segments to be carried out within each 3year period after the initial adoption of the transportation improvement program.

``(B) A financial plan that demonstrates how the transportation improvement program can be implemented, indicates resources from public and private sources that are reasonably expected to be made available to carry out the plan, and recommends any innovative financing techniques to finance needed projects and programs, including value capture, tolls, and congestion pricing.

``(3) Selection of projects.-Except as otherwise provided in subsection (i)(4), project selection in metropolitan areas for projects involving Federal participation shall be carried out by the State in cooperation with the metropolitan planning organization and shall be in conformance with the transportation improvement program for the area.

``(4) Major capital investments.-Not later than 6 months after the date of the enactment of this section, the Secretary shall initiate a rulemaking proceeding to conform review requirements for transit projects under the National Environmental Policy Act of 1969 to comparable requirements under such Act applicable to highway projects. Nothing in this section shall be construed to affect the applicability of such Act to transit or highway projects.

``(5) Included projects.-A transportation improvement program for a metropolitan area developed under this subsection shall include projects within the area which are proposed for funding under this title and the Federal Transit Act and which are consistent with the long range plan developed under subsection (g) for the area. The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for the project within the time period contemplated for completion of the project.

``(6) Notice and comment.-Before approving a transportation improvement program, a metropolitan planning organization shall provide citizens, affected public agencies, representatives of transportation agency employees, private providers of transportation, and other interested parties with reasonable notice of and an opportunity to comment on the proposed program.

``(i) Transportation Management Areas.-

``(1) Designation.-The Secretary shall designate as transportation management areas all urbanized areas over 200,000 population. The Secretary shall designate any additional area as a transportation management area upon the request of the Governor and the metropolitan planning organization designated for such area or the affected local officials. Such additional areas shall include upon such a request the Lake Tahoe Basin as defined by Public Law 96m551.

``(2) Transportation plans and programs.-Within a transportation management area, transportation plans and programs shall be based on a continuing and comprehensive transportation planning process carried out by the metropolitan planning organization in cooperation with the State and transit operators.

``(3) Congestion management system.-Within a transportation management area, the transportation planning process under this section shall include a congestion management system that provides for effective management of new and existing transportation facilities eligible for funding under this title and the Federal Transit Act through the use of travel demand reduction and operational management strategies. The Secretary shall establish an appropriate phasein schedule for compliance with the requirements of this section.

``(4) Selection of projects.-All projects carried out within the boundaries of a transportation management area with Federal participation pursuant to this title (excluding projects undertaken on the National Highway System and pursuant to the bridge and Interstate maintenance programs) or pursuant to the Federal Transit Act shall be selected by the metropolitan planning organization designated for such area in consultation with the State and in conformance with the transportation improvement program for such area and priorities established therein. Projects undertaken within the boundaries of a transportation management area on the National Highway System or pursuant to the bridge and Interstate maintenance programs shall be selected by the State in cooperation with the metropolitan planning organization designated for such area and shall be in conformance with the transportation improvement program for such area.

``(5) Certification.-The Secretary shall assure that each metropolitan planning organization in each transportation management area is carrying out its responsibilities under applicable provisions of Federal law, and shall so certify at least once every 3 years. The Secretary may make such certification only if (1) a metropolitan planning organization is complying with the requirements of this section and other applicable requirements of Federal law, and (2) there is a transportation improvement program for the area that has been approved by the metropolitan planning organization and the Governor. If after September 30, 1993, a metropolitan planning organization is not certified by the Secretary, the Secretary may withhold, in whole or in part, the apportionment under section 104(b)(3) attributed to the relevant metropolitan area pursuant to section 133(d)(3) and capital funds apportioned under the formula program under section 9 of the Federal Transit Act. If a metropolitan planning organization remains uncertified for more than 2 consecutive years after September 30, 1994, 20 percent of the apportionment attributed to that metropolitan area under section 133(d)(3) and capital funds apportioned under the formula program under section 9 of the Federal Transit Act shall be withheld. The withheld apportionments shall be restored to the metropolitan area at such time as the metropolitan planning organization is certified by the Secretary. The Secretary shall not withhold certification under this section based upon the policies and criteria established by a metropolitan planning organization or transit grant recipient for determining the feasibility of private enterprise participation in accordance with section 8(o) of the Federal Transit Act.

``(j) Abbreviated Plans and Programs for Certain Areas.-For metropolitan areas not designated as transportation management areas under this section, the Secretary may provide for the development of abbreviated metropolitan transportation plans and programs that the Secretary determines to be appropriate to achieve the purposes of this section, taking into account the complexity of transportation problems, including transportation related air quality problems, in such areas. In no event shall the Secretary provide abbreviated~~ plans~~ or~~ programs~~ for~~ metropolitan~~ areas~~ which~~ are in~~ nonattainment~~ for~~ ozone~~ or~~ carbon~~ monoxide~~ under~~ the~~ Clean Air Act.

``(k) Transfer of Funds.-Funds made available for a highway project under the Federal Transit Act shall be transferred to and administered by the Secretary in accordance with the requirements of this title. Funds made available for a transit project under the FederalAid Highway Act of 1991 shall be transferred to and administered by the Secretary in accordance with the requirements of the Federal Transit Act.

``(l) Additional Requirements for Certain Nonattainment Areas.-Notwithstanding any other provisions of this title or the Federal Transit Act, for transportation management areas classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act, Federal funds may not be programmed in such area for any highway project that will result in a significant increase in carrying capacity for singleoccupant vehicles unless the project is part of an approved congestion management system.

``(m) Limitation on Statutory Construction.-Nothing in this section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any transportation facility, provider, or project not eligible under this title or the Federal Transit Act.

``(n) Reprogramming of Set Aside Funds.-Any funds set aside pursuant to section 104(f) of this title that are not used for the purpose of carrying out this section may be made available by the metropolitan planning organization to the State for the purpose of funding activities under section 135.''.

(b) Amendments to Section 104.-Section 104(f) of title 23, United States Code, is amended-

(1) in paragraph (1) by striking ``onehalf per centum'' and inserting ``1 percent'';

(2) in paragraph (1) by striking ``the Federalaid systems'' and inserting ``programs authorized under this title'';

(3) in paragraph (1) by striking ``except that'' and all that follows before the period and inserting ``except that the amount from which such set aside is made shall not include funds authorized to be appropriated for the Interstate construction and Interstate substitute programs'';

(4) in paragraph (3) by striking ``section 120'' and inserting ``section 120(j)'';

(5) in paragraph (4) by striking ``and metropolitan area transportation needs'' and inserting ``attainment of air quality standards, metropolitan area transportation needs, and other factors necessary to provide for an appropriate distribution of funds to carry out the requirements of section 134 and other applicable requirements of Federal law''; and

(6) by adding at the end the following new paragraph:

``(5) Determination of population figures.-For the purposes of determining population figures under this subsection, the Secretary shall use the most recent estimate published by the Secretary of Commerce.''.

(c) Conforming Amendments.-

(1) The analysis of chapter 1 of title 23, United States Code, is amended by striking

``Sec. 134. Transportation planning in certain urban areas.''

and inserting

``Sec. 134. Metropolitan planning.''.

(2) Section 104(f)(3) of title 23, United States Code, is amended by striking ``designated by the State as being''.

SEC. 1025. STATEWIDE PLANNING.

(a) In General.-Section 135 of title 23, United States Code, is amended to read as follows:

``Sec. 135. Statewide planning

``(a) General Requirements.-It is in the national interest to encourage and promote the development of transportation systems embracing various modes of transportation in a manner that will serve all areas of the State efficiently and effectively. Subject to section 134 of this title, the State shall develop transportation plans and programs for all areas of the State. Such plans and programs shall provide for development of transportation facilities (including pedestrian walkways and bicycle transportation facilities) which will function as an intermodal State transportation system. The process for developing such plans and programs shall provide for consideration of all modes of transportation and shall be continuing, cooperative, and comprehensive to the degree appropriate, based on the complexity of the transportation problems.

``(b) Coordination With Metropolitan Planning; State Implementation Plan.-In carrying out planning under this section, a State shall coordinate such planning with the transportation planning activities carried out under section 134 of this title for metropolitan areas of the State and shall carry out its responsibilities for the development of the transportation portion of the State implementation plan to the extent required by the Clean Air Act.

``(c) State Planning Process.-Each State shall undertake a continuous transportation planning process which shall, at a minimum, consider the following:

``(1) The results of the management systems required pursuant to subsection (b).

``(2) Any Federal, State, or local energy use goals, objectives, programs, or requirements.

``(3) Strategies for incorporating bicycle transportation facilities and pedestrian walkways in projects where appropriate throughout the State.

``(4) International border crossings and access to ports, airports, intermodal transportation facilities, major freight distribution routes, national parks, recreation and scenic areas, monuments and historic sites, and military installations.

``(5) The transportation needs of nonmetropolitan areas through a process that includes consultation with local elected officials with jurisdiction over transportation.

``(6) Any metropolitan area plan developed pursuant to section 134.

``(7) Connectivity between metropolitan areas within the State and with metropolitan areas in other States.

``(8) Recreational travel and tourism.

``(9) Any State plan developed pursuant to the Federal Water Pollution Control Act.

``(10) Transportation system management and investment strategies designed to make the most efficient use of existing transportation facilities.

``(11) The overall social, economic, energy, and environmental effects of transportation decisions.

``(12) Methods to reduce traffic congestion and to prevent traffic congestion from developing in areas where it does not yet occur, including methods which reduce motor vehicle travel, particularly singleoccupant motor vehicle travel.

``(13) Methods to expand and enhance transit services and to increase the use of such services.

``(14) The effect of transportation decisions on land use and land development, including the need for consistency between transportation decisionmaking and the provisions of all applicable shortrange and longrange land use and development plans.

``(15) The transportation needs identified through use of the management systems required by section 303 of this title.

``(16) Where appropriate, the use of innovative mechanisms for financing projects, including value capture pricing, tolls, and congestion pricing.

``(17) Preservation of rightsofway for construction of future transportation projects, including identification of unused rightsofway which may be needed for future transportation corridors, and identify those corridors for which action is most needed to prevent destruction or loss.

``(18) Longrange needs of the State transportation system.

``(19) Methods to enhance the efficient movement of commercial motor vehicles.

``(20) The use of lifecycle costs in the design and engineering of bridges, tunnels, or pavement.

``(d) Additional Requirements.-Each State in carrying out planning under this section shall, at a minimum, consider the following:

``(1) The coordination of transportation plans and programs developed for metropolitan areas of the State under section 134 with the State transportation plans and programs developed under this section and the reconciliation of such plans and programs as necessary to ensure connectivity within transportation systems.

``(2) Investment strategies to improve adjoining State and local roads that support rural economic growth and tourism development, Federal agency renewable resources management, and multipurpose land management practices, including recreation development.

``(3) The concerns of Indian tribal governments having jurisdiction over lands within the boundaries of the State.

``(e) LongRange Plan.-The State shall develop a longrange transportation plan for all areas of the State. With respect to metropolitan areas of the State, the plan shall be developed in cooperation with metropolitan planning organizations designated for metropolitan areas in the State under section 134. With respect to areas of the State under the jurisdiction of an Indian tribal government, the plan shall be developed in cooperation with such government and the Secretary of the Interior. In developing the plan, the State shall provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the proposed plan. In addition, the State shall develop a longrange plan for bicycle transportation and pedestrian walkways for appropriate areas of the State which shall be incorporated into the longrange transportation plan.

``(f) Transportation Improvement Program.-

``(1) Development.-The State shall develop a transportation improvement program for all areas of the State. With respect to metropolitan areas of the State, the program shall be developed in cooperation with metropolitan planning organizations designated for metropolitan areas in the State under section 134. In developing the program, the Governor shall provide citizens, affected public agencies, representatives of transportation agency employees, other affected employee representatives, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the proposed program.

``(2) Included projects.-A transportation improvement program for a State developed under this subsection shall include projects within the boundaries of the State which are proposed for funding under this title and the Federal Transit Act, which are consistent with the longrange plan developed under this section for the State, which are consistent with the metropolitan transportation improvement program, and which in areas designated as nonattainment for ozone or carbon monoxide under the Clean Air Act conform with the applicable State implementation plan developed pursuant to the Clean Air Act. The program shall include a project, or an identified phase of a project, only if full funding can reasonably be anticipated to be available for such project within the time period contemplated for completion of the project. The program shall also reflect the priorities for programming and expenditures of funds, including transportation enhancements, required by this title.

``(3) Project selection for areas less than 50,000 population.-Projects undertaken in areas of less than 50,000 population (excluding projects undertaken on the National Highway System and pursuant to the bridge and Interstate maintenance programs) shall be selected by the State in cooperation with the affected local officials. Projects undertaken in such areas on the National Highway System or pursuant to the bridge and Interstate maintenance programs shall be selected by the State in consultation with the affected local officials.

``(4) Biennial review and approval.-A transportation improvement program developed under this subsection shall be reviewed and approved no less frequently than biennially by the Secretary.

``(g) Funding.-Funds set aside pursuant to section 307(c)(1) of title 23, United States Code, shall be available to carry out the requirements of this section.

``(h) Treatment of Certain State Laws as Congestion Management Systems.-For purposes of this section, section 134, and section 8 of the Federal Transit Act, United States Code, State laws, rules or regulations pertaining to congestion management systems or programs may constitute the congestion management system under this Act if the Secretary finds that the State laws, rules or regulations are consistent with, and fulfill the intent of, the purposes of this section, section 134 or section 8 of such Act, as appropriate.''.

(b) Conforming Amendment.-The analysis for chapter 1 of such title is amended by striking the item relating to section 135 and inserting the following:

``135. Statewide planning.''.

SEC. 1026. NONDISCRIMINATION.

(a) Funding of Highway Construction Training.-Subsection (b) of section 140 of title 23, United States Code, is amended by adding at the end the following new sentence: ``Notwithstanding any other provision of law, not to exceed \1/4\ of 1 percent of funds apportioned to a State for the surface transportation program under section 104(b) and the bridge program under section 144 may be available to carry out this subsection upon request of the State highway department to the Secretary.''.

(b) Eligibility for Training Programs.-Subsections (b) and (c) of section 140 of such title are each amended by inserting ``Indian tribal government,'' after ``institution,''.

(c) Indian Employment Preference.-Section 140(d) of such title is amended by inserting after the first sentence the following new sentence: ``States may implement a preference for employment of Indians on projects carried out under this title near Indian reservations.''.

SEC. 1027. PUBLIC TRANSPORTATION.

(a) Improved Access Between Intercity and Rural Bus Service.-Section 142(a)(2) of title 23, United States Code, is amended-

(1) by striking ``, beginning with the fiscal year ending June 30, 1975,'';

(2) by striking ``Federalaid urban system,'' the first place it appears and inserting ``the surface transportation program''; and

(3) by striking ``104(b)(6)'' the first place it appears and all that follows through the period at the end and inserting ``104(b)(3) for carrying out any capital transit project eligible for assistance under the Federal Transit Act, capital improvement to provide access and coordination between intercity and rural bus service, and construction of facilities to provide connections between highway transportation and other modes of transportation.''.

(b) Accommodation of Other Modes.-Section 142(c) of such title is amended to read as follows:

``(c) Accommodation of Other Modes of Transportation.-The Secretary may approve as a project on any Federalaid system for payment from sums apportioned under section 104(b) (other than section 104(b)(5)(A)) modifications to existing highway facilities on such system necessary to accommodate other modes of transportation if such modifications will not adversely affect automotive safety.''.

(c) Metropolitan Planning.-Section 142(d) of such title is amended to read as follows:

``(d) Metropolitan Planning.-Any project carried out under this section in an urbanized area shall be subject to the metropolitan planning requirements of section 134.''.

(d) Availability of RightsofWay.-Section 142(g) of such title is amended to read as follows:

``(g) Availability of RightsofWay.-In ~~~any ~~~case ~~~where _sufficient land or air space exits within the publicly acquired rightsofway of any highway, constructed in whole or in part with Federalaid highway funds, to accommodate needed passenger, commuter, or high speed rail, magnetic levitation systems, and highway and nonhighway public mass transit facilities, the Secretary shall authorize a State to make such lands, air space, and rightsofway available with or without charge to a publicly or privately owned authority or company or any other person for such purposes if such accommodation will not adversely affect automotive safety.''.

(e) Conforming Amendments to Section 142.-Section 142 of such title is amended-

(1) in subsection (e)(2) by striking ``Federalaid urban system'' and inserting ``surface transportation program'';

(2) by striking subsections (f) and (k);

(3) by redesignating subsections (g), (h), (i), and (j) as subsections (f), (g), (h), and (i), respectively;

(4) in subsection (g), as so redesignated, by striking ``or subsection (c) of this section''; and

(5) in each of subsections (h) and (i), as so redesignated, by striking ``and subsection (c)''.

(f) Conforming Amendment to Section 156.-Section 156 of such title is amended by striking ``States shall'' and inserting ``Subject to section 142(f), States shall''.

SEC. 1028. BRIDGE PROGRAM.

(a) Inventory of Indian Reservation and Park Bridges.-Section 144(c) of title 23, United States Code, is amended by adding at the end the following new paragraph:

``(3) Inventory of indian reservation and park bridges.-As part of the activities carried out under paragraph (1), the Secretary, in consultation with the Secretary of the Interior, shall (A) inventory all those highway bridges on Indian reservation roads and park roads which are bridges over waterways, other topographical barriers, other highways, and railroads, (B) classify them according to serviceability, safety, and essentiality for public use, (C) based on the classification, assign each a priority for replacement or rehabilitation, and (D) determine the cost of replacing each such bridge with a comparable facility or of rehabilitating such bridge.''.

(b) Bridge Structure Painting and Acetate Application.-Section 144(d) of such title is amended-

(1) by inserting after the first sentence the following new sentence: ``Whenever any State makes application to the Secretary for assistance in painting and seismic retrofit, or applying calcium magnesium acetate to, the structure of a highway bridge, the Secretary may approve Federal participation in the painting or seismic retrofit of, or application of such acetate to, such structure.''; and

(2) by inserting after ``projects'' the first place it appears in the last sentence the following: ``(other than projects for bridge structure painting or seismic retrofit or application of such acetate)''.

(c) Federal Share.-Section 144(f) of such title is amended by striking ``highway bridge replaced or rehabilitated'' and inserting ``project''.

(d) Discretionary Bridge Program.-Section 144(g)(1) of such title is amended to read as follows:

``(1) Discretionary bridge program.-Of the amounts authorized for each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997 by section 103 of the Intermodal Surface Transportation Efficiency Act of 1991, all but $57,000,000 in the case of fiscal year 1992, $68,000,000 in the case of fiscal years 1993 and 1994, and $69,000,000 in the case of fiscal years 1995, 1996, and 1997 shall be apportioned as provided in subsection (e) of this section. $49,000,000 in the case of fiscal year 1992, $59,500,000 in the case of fiscal years 1993 and 1994, and $60,500,000 in the case of fiscal years 1995, 1996, and 1997 of the amount authorized for each of such fiscal years shall be available for obligation on the date of each such apportionment in the same manner and to the same extent as the sums apportioned on such date, except that the obligation of $49,000,000 in the case of fiscal year 1992, $59,500,000 in the case of fiscal years 1993 and 1994, and $60,500,000 in the case of fiscal years 1995, 1996, and 1997 shall be at the discretion of the Secretary, and $8,500,000 per fiscal year ($8,000,000 in the case of fiscal year 1992) of the amount authorized for each of such fiscal years shall be available in accordance with section 1039 of the Intermodal Surface Transportation Efficiency Act of 1991, relating to highway timber bridges.''.

(e) OffSystem Bridges.-

(1) Allocation of funds.-Section 144(g)(3) of such title is amended-

(A) by striking ``and 1991'' and inserting ``1991, 1992, 1993, 1994, 1995, 1996, and 1997''; and

(B) by striking ``or rehabilitate'' and inserting ``, rehabilitate, paint or seismic retrofit, or apply calcium magnesium acetate to''.

(2) Applicability of state standards for projects.-Section 144 of such title is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection:

``(p) Applicability of State Standards for Projects.-A project not on a Federalaid highway under this section shall be designed, constructed, operated, and maintained in accordance with State laws, regulations, directives, safety standards, design standards, and construction standards.''.

(f) SetAside for Indian Reservation Bridges.-Section 144(g) of this title is amended by adding at the end the following new paragraph:

``(4) Indian reservation bridges.-Not less than 1 percent of the amount apportioned to each State which has an Indian reservation within its boundaries for each fiscal year shall be expended for projects to replace, rehabilitate, paint, or apply calcium magnesium acetate to highway bridges located on Indian reservation roads. Upon determining a State bridge apportionment and before transferring funds to the States, the Secretary shall transfer the Indian reservation bridge allocation under this paragraph to the Secretary of the Interior for expenditure pursuant to this paragraph. The Secretary, after consultation with State and Indian tribal government officials and with the concurrence of the Secretary of the Interior, may, with respect to such State, reduce the requirement for expenditure for bridges under this paragraph when the Secretary _determines that there are inadequate needs to justify such expenditure. The nonFederal share payable on account of such a project may be provided from funds made available for Indian reservation roads under chapter 2 of this title.''.

(g) Transferability of Bridge Apportionments.-Section 104(g) of such title is amended by inserting before the last sentence the following new sentence: ``A State may transfer not to exceed 40 percent of the State's apportionment under section 144 in any fiscal year to the apportionment of such State under subsection (b)(1) or subsection (b)(3) of this section. Any transfer to subsection (b)(3) shall not be subject to section 133(d).''.

SEC. 1029. NATIONAL MAXIMUM SPEED LIMIT COMPLIANCE PROGRAM.

(a) Permanent Extension of 65 MPH Speed Limit Demonstration Program.-Section 154(a) of title 23, United States Code, is amended by striking ``Clause (3)'' and inserting ``Clause (4)'' and by striking ``or (3)'' and inserting the following: ``(3) a maximum speed limit in excess of 65 miles per hour on any highway within its jurisdiction located outside an urbanized area of 50,000 population or more (A) which is constructed to interstate standards in accordance with section 109(b) of this title and connected to a highway on the Interstate System, (B) which is a divided 4lane fully controlled access highway designed or constructed to connect to a highway on the Interstate System posted at 65 miles per hour and constructed to design and construction standards as determined by the Secretary which provide a facility adequate for a speed limit of 65 miles per hour, or (C) which is constructed to the geometric and construction standards adequate for current and probable future traffic demands and for the needs of the locality and is designated by the Secretary as part of the Interstate System in accordance with section 139(c) of this title, or (4)''.

(b) Collection of Data.-Section 154(e) of such title is amended-

(1) by striking ``fiftyfive miles per hour on public highways with speed limits posted at fiftyfive miles per hour'' and inserting ``the speed limit on maximum speed limit highways''; and

(2) by adding at the end the following: ``Such data shall include, but not be limited to, data on citations, travel speeds, and the posted speed limit and the design characteristics of roads from which such travel speed data are gathered. The Secretary shall issue regulations which ensure (1) that the monitoring programs conducted by the States to collect data for purposes of this subsection are uniform, (2) that devices and equipment under such programs are placed at locations on maximum speed limit highways on a scientifically random basis which takes into account the relative risk, as determined by the Secretary, of motor vehicle accidents occurring considering the classes of such highways and the speeds at which vehicles are traveling on such classes of highways, and (3) that the data submitted under this subsection will be in such form as the Secretary determines is necessary to carry out this section.''.

(c) Enforcement.-

(1) Proposed rule.-Not later than 1 year after the date of the enactment of this Act, the Secretary shall publish in the Federal Register a proposed rule to establish speed limit enforcement requirements which, at a minimum, shall-

(A) provide for the transfer of apportionments under section 104(b) of title 23, United States Code (other than paragraph (5)), if a State fails to enforce speed limits in accordance with this section and such rule; and

(B) include a formula for determining compliance with the requirements of this section and such rule which-

(i) assigns a greater weight for violations of such speed limits in proportion to the amount by which the speed of the motor vehicle exceeds the speed limit; and

(ii) differentiates between the type of road on which the violations occur.

(2) Factors to consider.-In developing the compliance formula in accordance with paragraph (1), the Secretary shall consider factors relating to the enforcement efforts made by the States and data concerning fatalities and serious injuries occurring on roads to which subsection (a) applies and any other factors relating to speed limit enforcement and speedrelated highway safety trends which the Secretary determines appropriate.

(3) Final rule.-Not later than 60 days after the date of publication of the proposed rule under paragraph (1), the Secretary shall publish in the Federal Register a final rule which meets the requirements of paragraph (1) and which shall take effect no later than 12 months after the date of its publication in the Federal Register.

(d) Administration.-The Secretary shall carry out sections 154 and 141(a) of title 23, United States Code, through the National Highway Traffic Safety Administration and the Federal Highway Administration.

(e) Annual Report.-Section 154 of title 23, United States Code, is amended by adding at the end the following new subsection:

``(i) Annual Report.-The Secretary shall transmit to Congress an annual report on travel speeds of motor vehicles on roads subject to subsection (a), State enforcement efforts with respect to speeding violations on such roads, and speedrelated highway safety statistics.''.

(f) Enforcement Moratorium.-No State shall be subject under section 141 or 154 of title 23, United States Code, to withholding of apportionments for failure to comply in fiscal years 1990 and 1991 with section 154 of such title, as in effect on the day before the date of the enactment of this Act, or section 141(a) of such title.

(g) Repeal of Obsolete Enforcement Provisions.-On the 730th day following the date of the enactment of this Act, subsections (f), (g), and (h) of section 154 of title 23, United States Code, are repealed.

SEC. 1030. ROAD SEALING ON INDIAN RESERVATION ROADS.

Section 204(c) of title 23, United States Code, is amended by adding at the end the following new sentences: ``Notwithstanding any other provision of this title, Indian reservation roads under the jurisdiction of the Bureau of Indian Affairs of the Department of the Interior shall be eligible to expend not more than 15 percent funds apportioned for Indian reservation roads from the Highway Trust Fund for the purpose of road sealing projects. The Bureau of Indian Affairs shall continue to retain responsibility, including annual funding request responsibility, for road maintenance programs on Indian reservations.''.

SEC. 1031. USE OF SAFETY BELTS AND MOTORCYCLE HELMETS.

(a) Program.-

(1) In general.-Chapter 1 ~~~of ~~~title ~~~23, ~~~United ~~~States ~~~Code, _is amended by inserting after section 152 the following new section:

``Sec. 153. Use of safety belts and motorcycle helmets

``(a) Authority To Make Grants.-The Secretary may make grants to a State in a fiscal year in accordance with this section if the State has in effect in such fiscal year-

``(1) a law which makes unlawful throughout the State the operation of a motorcycle if any individual on the motorcycle is not wearing a motorcycle helmet; and

``(2) a law which makes unlawful throughout the State the operation of a passenger vehicle whenever an individual in a front seat of the vehicle (other than a child who is secured in a child restraint system) does not have a safety belt properly fastened about the individual's body.

``(b) Use of Grants.-A grant made to a State under this section shall be used to adopt and implement a traffic safety program to carry out the following purposes:

``(1) Education.-To educate the public about motorcycle and passenger vehicle safety and motorcycle helmet, safety belt, and child restraint system use and to involve public health education agencies and other related agencies in these efforts.

``(2) Training.-To train law enforcement officers in the enforcement of State laws described in subsection (a).

``(3) Monitoring.-To monitor the rate of compliance with State laws described in subsection (a).

``(4) Enforcement.-To enforce State laws described in subsection (a).

``(c) Maintenance of Effort.-A grant may not be made to a State under this section in any fiscal year unless the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State will maintain its aggregate expenditures from all other sources for any traffic safety program described in subsection (b) at or above the average level of such expenditures in the State's 2 fiscal years preceding the date of the enactment of this section.

``(d) Federal Share.-A State may not receive a grant under this section in more than 3 fiscal years. The Federal share payable for a grant under this section shall not exceed-

``(1) in the first fiscal year the State receives a grant, 75 percent of the cost of implementing in such fiscal year a traffic safety program described in subsection (b);

``(2) in the second fiscal year the State receives a grant, 50 percent of the cost of implementing in such fiscal year such traffic safety program; and

``(3) in the third fiscal year the State receives a grant, 25 percent of the cost of implementing in such fiscal year such traffic safety program.

``(e) Maximum Aggregate Amount of Grants.-The aggregate amount of grants made to a State under this section shall not exceed 90 percent of the amount apportioned to such State for fiscal year 1990 under section 402.

``(f) Eligibility for Grants.-

``(1) General rule.-A State is eligible in a fiscal year for a grant under this section only if the State enters into such agreements with the Secretary as the Secretary may require to ensure that the State implements in such fiscal year a traffic safety program described in subsection (b).

``(2) Secondyear grants.-A State is eligible for a grant under this section in a fiscal year succeeding the first fiscal year in which a State receives a grant under this section only if the State in the preceding fiscal year-

``(A) had in effect at all times a State law described in subsection (a)(1) and achieved a rate of compliance with such law of not less than 75 percent; and

``(B) had in effect at all times a State law described in subsection (a)(2) and achieved a rate of compliance with such law of not less than 50 percent.

``(3) Thirdyear grants.-A State is eligible for a grant under this section in a fiscal year succeeding the second fiscal year in which a State receives a grant under this section only if the State in the preceding fiscal year-

``(A) had in effect at all times a State law described in subsection (a)(1) and achieved a rate of compliance with such law of not less than 85 percent; and

``(B) had in effect at all times a State law described in subsection (a)(2) and achieved a rate of compliance with such law of not less than 70 percent.

``(g) Measurements of Rates of Compliance.-For the purposes of subsections (f)(2) and (f)(3), a State shall measure compliance with State laws described in subsection (a) using methods which conform to guidelines issued by the Secretary ensuring that such measurements are accurate and representative.

``(h) Penalty.-

``(1) Fiscal year 1994.-If, at any time in fiscal year 1994, a State does not have in effect a law described in subsection (a)(1) and a law described in subsection (a)(2), the Secretary shall transfer 1\1/2\ percent of the funds apportioned to the State for fiscal year 1995 under each of subsections (b)(1), (b)(2), and (b)(3) of section 104 of this title to the apportionment of the State under section 402 of this title.

``(2) Thereafter.-If, at any time in a fiscal year beginning after September 30, 1994, a State does not have in effect a law described in subsection (a)(1) and a law described in subsection (a)(2), the Secretary shall transfer 3 percent of the funds apportioned to the State for the succeeding fiscal year under each of subsections (b)(1), (b)(2), and (b)(3) of section 104 of this title to the apportionment of the State under section 402 of this title.

``(3) Federal share.-The Federal share of the cost of any project carried out under section 402 with funds transferred to the apportionment of section 402 shall be 100 percent.

``(4) Transfer of obligation authority.-If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall allocate an amount of obligation authority distributed for such fiscal year to the State for Federalaid highways and highway safety construction programs for carrying out only projects under section 402 which is determined by multiplying-

``(A) the amount of funds transferred to the apportionment of section 402 of the State under section 402 for such fiscal year; by

``(B) the ratio of the amount of obligation authority distributed for such fiscal year to the State for Federalaid highways and highway safety construction programs to the total of the sums apportioned to the State for Federalaid highways and highway safety construction (excluding sums not subject to any obligation limitation) for such fiscal year.

``(5) Limitation on applicability of highway safety obligations.-Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs carried out by the Federal Highway Administration under section 402 shall apply to funds transferred under this subsection to the apportionment of section 402.

``(i) Definitions.-For the purposes of this section, the following definitions apply:

``(1) Motorcycle.-The term `motorcycle' means a motor vehicle which is designed to travel on not more than 3 wheels in contact with the surface.

``(2) Motor vehicle.-The term `motor vehicle' has the meaning such term has under section 154 of this title.

``(3) Passenger vehicle.-The term `passenger vehicle' means a motor vehicle which is designed for transporting 10 individuals or less, including the driver, except that such term does not include a vehicle which is constructed on a truck chassis, a motorcycle, a trailer, or any motor vehicle which is not required on the date of the enactment of this section under a Federal motor vehicle safety standard to be equipped with a belt system.

``(4) Safety belt.-The term `safety belt' means-

``(A) with respect to openbody passenger vehicles, including convertibles, an occupant restraint system consisting of a lap belt or a lap belt and a detachable shoulder belt; and

``(B) with respect to other passenger vehicles, an occupant restraint system consisting of integrated lap shoulder belts.

``(j) Authorization of Appropriations.-There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $17,000,000 for fiscal year 1992. From sums made available to carry out section 402 of this title, the Secretary shall make available $17,000,000 for fiscal year 1992 and $24,000,000 for each of fiscal years 1993 and 1994 to carry out this section.

``(k) Applicability of Chapter 1 Provisions.-All provisions of this chapter that are applicable to National Highway System funds, other than provisions relating to the apportionment formula and provisions limiting the expenditures of such funds to Federalaid systems, shall apply to funds authorized to be appropriated to carry out this section, except as determined by the Secretary to be inconsistent with this section and except that sums authorized by this section shall remain available until expended.''.

(2) Conforming amendment.-The analysis for chapter 1 of such title is amended by inserting after the item relating to section 152 the following new item:

``153. Use of safety belts and motorcycle helmets.''.

(b) Study.-

(1) In general.-The Secretary shall conduct a study or studies to determine the benefits of safety belt use and motorcycle helmet use for individuals involved in motor vehicle crashes and motorcycle crashes, collecting and analyzing data from regional trauma systems regarding differences in the following: the severity of injuries; acute, rehabilitative and longterm medical costs, including the sources of reimbursement and the extent to which these sources cover actual costs; government, employer, and other costs; and mortality and morbidity outcomes. The study shall cover a representative period after January 1, 1990.

(2) Report.-The Secretary shall make public a proposed report on the results of the study or studies conducted under this subsection, provide a period of 90 days for public comment on such report, consider such comments, and transmit to Congress a report on the results of such study or studies, together with a summary of such comments, not later than 40 months after the funds for such study are made available by the Secretary.

(3) Funding.-Of the amounts authorized to be appropriated for fiscal year 1992 or 1993 (or both) to carry out section 153 of title 23, United States Code, the Secretary shall make available $5,000,000 in the aggregate in such fiscal years to carry out this subsection. Such funds shall remain available until expended.

SEC. 1032. FEDERAL LANDS HIGHWAYS PROGRAM.

(a) Allocations.-Section 202 of title 23, United States Code, is amended-

(1) by striking subsection (a);

(2) by redesignating subsections (b), (c), (d), and (e) as subsections (a), (b), (c), and (d), respectively;

(3) by inserting after ``allocate'' in subsection (b), as so redesignated, ``34 percent of''; and

(4) by striking the period at the end of subsection (b), as so redesignated, and inserting the following: ``which are proposed by a State which contains at least 3 percent of the total public lands in the Nation. The Secretary shall allocate 66 percent of the remainder of the authorization for public lands highways for each fiscal year as is provided in section 134 of the FederalAid Highway Act of 1987, and with respect to these allocations the Secretary shall give equal consideration to projects that provide access to and within the National Forest System, as identified by the Secretary of Agriculture through renewable resources and land use planning and the impact of such planning on existing transportation facilities.''.

(b) Projects.-Section 204 of such title is amended-

(1) in subsection (a) by striking ``forest highways,'' and by adding at the end of such subsection the following new sentences: ``The Secretary, in cooperation with the Secretary of the Interior and the Secretary of Agriculture, shall develop appropriate transportation planning procedures and safety, bridge, and pavement management systems for roads funded under the Federal Lands Highway Program. Notwithstanding any other provision of this title, no public lands highway project may be undertaken in any State pursuant to this section unless the State concurs in the selection and planning of the project.'';

(2) in subsection (b)-

(A) by striking ``construction and improvements thereof'' and inserting ``planning, research, engineering and construction thereof'';

(B) by striking ``forest highways and''; and

(C) by adding at the end the following new sentence: ``Funds available for each class of Federal lands highways shall be available for any kind of transportation project eligible for assistance under this title that is within or adjacent to or provides access to the areas served by the particular class of Federal lands highways.'';

(3) in subsection (c) by striking ``on a Federalaid system'' and inserting ``eligible for funds apportioned under section 104 or section 144 of this title''; and

(4) by striking subsection (h) and inserting the following new subsections:

``(h) Eligible Projects.-Funds available for each class of Federal lands highways may be available for the following:

``(1) Transportation planning for tourism and recreational travel including the National Forest Scenic Byways Program, Bureau of Land Management Back Country Byways Program, National Trail System Program, and other similar Federal programs that benefit recreational development.

``(2) Adjacent vehicular parking areas.

``(3) Interpretive signage.

``(4) Acquisition of necessary scenic easements and scenic or historic sites.

``(5) Provision for pedestrians and bicycles.

``(6) Construction and reconstruction of roadside rest areas including sanitary and water facilities.

``(7) Other appropriate public road facilities such as visitor centers as determined by the Secretary.

``(i) Transfers to Secretary of the Interior.-The Secretary shall transfer to the Secretary of the Interior from the appropriation for public land highways amounts as may be needed to cover necessary administrative costs of the Bureau of Land Management in connection with public lands highways.

``(j) Indian Reservation Roads Planning.-Up to 2 percent of funds made available for Indian reservation roads for each fiscal year shall be allocated to those Indian tribal governments applying for transportation planning pursuant to the provisions of the Indian SelfDetermination and Education Assistance Act. The Indian tribal government, in cooperation with the Secretary of the Interior, and, as may be appropriate, with a State, local government, or metropolitan planning organization, shall develop a transportation improvement program, that includes all Indian reservation road projects proposed for funding. Projects shall be selected by the Indian tribal government from the transportation improvement program and shall be subject to the approval of the Secretary of the Interior and the Secretary.''.

(c) Forest Development Roads and Trails.-Section 205(c) of such title is amended by striking ``$15,000'' each place it appears and inserting ``$50,000''.

(d) Indian Reservation Roads.-Notwithstanding any other provision of law, funds allocated for Indian reservation roads may be used for the purpose of funding road projects on roads of tribally controlled postsecondary vocational institutions.

(e) Report.-The Secretary shall undertake a study to determine if the method for allocating funds authorized for Federal lands highways is adequate to meet the relative transportation needs of the Federal lands served. The report shall be submitted within 2 years of the date of the enactment of this Act.

(f) Conforming Amendments.-Section 203 of title 23, United States Code, is amended by striking ``forest highways'' each place it appears.

SEC. 1033. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

Section 217 of title 23, United States Code, is amended to read as follows:

``Sec. 217. Bicycle transportation and pedestrian walkways

``(a) Use of STP and Congestion Mitigation Program Funds.-Subject to project approval by the Secretary, a State may obligate funds apportioned to it under sections 104(b)(2) and 104(b)(3) of this title for construction of pedestrian walkways and bicycle transportation facilities and for carrying out nonconstruction projects related to safe bicycle use.

``(b) Use of National Highway System Funds.-Subject to project approval by the Secretary, a State may obligate funds apportioned to it under section 104(b)(1) of this title for construction of bicycle transportation facilities on land adjacent to any highway on the National Highway System (other than the Interstate System).

``(c) Use of Federal Lands Highway Funds.-Funds authorized for forest highways, forest development roads and trails, public lands development roads and trails, park roads, parkways, Indian reservation roads, and public lands highways shall be available, at the discretion of the department charged with the administration of such funds, for the construction of pedestrian walkways and bicycle transportation facilities in conjunction with such trails, roads, highways, and parkways.

``(d) State Bicycle and Pedestrian Coordinators.-Each State receiving an apportionment under sections 104(b)(2) and 104(b)(3) of this title shall use such amount of the apportionment as may be necessary to fund in the State department of transportation a position of bicycle and pedestrian coordinator for promoting and facilitating the increased use of nonmotorized modes of transportation, including developing facilities for the use of pedestrians and bicyclists and public education, promotional, and safety programs for using such facilities.

``(e) Bridges.-In any case where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway, other than a highway access to which is fully controlled, on which bicycles are permitted to operate at each end of such bridge, and the Secretary determines that the safe accommodation of bicycles can be provided at reasonable cost as part of such replacement or rehabilitation, then such bridge shall be so replaced or rehabilitated as to provide such safe accommodations.

``(f) Federal Share.-For all purposes of this title, construction of a pedestrian walkway and a bicycle transportation facility shall be deemed to be a highway project and the Federal share payable on account of such construction shall be 80 percent.

``(g) Planning.-Pedestrian walkways and bicycle transportation facilities to be constructed under this section shall be located and designed pursuant to an overall plan to be developed by each metropolitan planning organization and State and incorporated into their comprehensive annual longrange plans in accordance with sections 134 and 135 of this title, respectively. Such plans shall provide due consideration for safety and contiguous routes.

``(h) Use of Motorized Vehicles.-No motorized vehicles shall be permitted on trails and pedestrian walkways under this section, except for-

``(1) maintenance purposes;

``(2) when snow conditions and State or local regulations permit, snowmobiles;

``(3) when State and local regulations permit, motorized wheelchairs; and

``(4) such other circumstances as the Secretary deems appropriate.

``(i) Transportation Purpose.-No bicycle project may be carried out under this section unless the Secretary has determined that such bicycle project will be principally for transportation, rather than recreation, purposes.

``(j) Bicycle Transportation Facility Defined.-For purposes of this section, a `bicycle trans_portation facility' means new or improved lanes, paths, or shoulders for use by bicyclists, traffic control devices, shelters, and parking facilities for bicycles.''.

SEC. 1034. MANAGEMENT SYSTEMS.

(a) In General.-Chapter 3 of title 23, United States Code, is amended by inserting after section 302 the following new section:

``Sec. 303. Management systems

``(a) Regulations.-Not later than 1 year after the date of the enactment of this section, the Secretary shall issue regulations for State development, establishment, and implementation of a system for managing each of the following:

``(1) Highway pavement of Federalaid highways.

``(2) Bridges on and off Federalaid highways.

``(3) Highway safety.

``(4) Traffic congestion.

``(5) Public transportation facilities and equipment.

``(6) Intermodal transportation facilities and systems.

In metropolitan areas, such systems shall be developed and implemented in cooperation with metropolitan planning organizations. Such regulations may include a compliance schedule for development, establishment, and implementation of each such system and minimum standards for each such system.

``(b) Traffic Monitoring.-Not later than 1 year after the date of the enactment of this section, the Secretary shall issue guidelines and requirements for the State development, establishment, and implementation of a traffic monitoring system for highways and public transportation facilities and equipment.

``(c) State Requirements.-The Secretary may withhold up to 10 percent of the funds apportioned under this title and under the Federal Transit Act for any fiscal year beginning after September 30, 1995, to any State and any recipient of assistance under such Act in the State unless, in the preceding fiscal year, the State was implementing each of the management systems described in subsection (a) and, before January 1 of the preceding fiscal year, the State certified, in writing, to the Secretary, that the State was implementing each of such management systems in the preceding fiscal year.

``(d) Procedural Requirements.-In developing and implementing a management system under this section, each State shall cooperate with metropolitan planning organizations for urbanized areas of the State and affected agencies receiving assistance under the Federal Transit Act and shall consider the results of the management systems in making project selection decisions under this title and under such Act.

``(e) Intermodal Requirements.-The management system required under this section for intermodal transportation facilities and systems shall provide for improvement and integration of all of a State's transportation systems and shall include methods of achieving the optimum yield from such systems, methods for increasing productivity in the State, methods for increasing use of advanced technologies, and methods to encourage the use of innovative marketing techniques, such as justintime deliveries.

``(f) Annual Report.-Not later than January 1 of each calendar year beginning after December 31, 1992, the Secretary shall transmit to Congress a report on the progress being made by the Secretary and the States in carrying out this section.

``(g) Funding.-Subject to project approval by the Secretary, a State may obligate funds apportioned after September 30, 1991, under subsections (b)(1), (b)(2), and (b)(3) of section 104 of this title for developing and establishing management systems required by this section and funds apportioned under section 144 of this title for developing and establishing the bridge management system required by this section.

``(h) Review of Regulations.-Not later than 10 days after the date of issuance of any regulation under this section, the Secretary shall transmit a copy of such regulation to Congress for review.''.

(b) Conforming Amendment.-The analysis for chapter 3 of such title is amended by inserting after the item relating to section 302 the following new item:

``303. Management systems.''.

SEC. 1035. LIMITATION ON DISCOVERY OF CERTAIN REPORTS AND SURVEYS.

(a) In General.-Section 409 of title 23, United States Code, is amended-

(1) by striking the section heading and inserting the following:

``Sec. 409. Discovery and admission as evidence of certain reports and surveys''; and

(2) by striking ``admitted into evidence in Federal or State court'' and inserting ``subject to discovery or admitted into evidence in a Federal or State court proceeding''.

(b) Conforming Amendment.-The analysis for chapter 4 of such title is amended by striking the item relating to section 409 and inserting the following:

``409. Discovery and admission as evidence of certain reports and surveys.''.

SEC. 1036. NATIONAL HIGHSPEED GROUND TRANSPORTATION PROGRAMS.

(a) Declaration of Policy.-Section 302 of title 49, United States Code, is amended by adding at the end the following new subsection:

``(d)(1) It is the policy of the United States to promote the construction and commercialization of highspeed ground transportation systems by-

``(A) conducting economic and technological research;

``(B) demonstrating advancements in highspeed ground transportation technologies;

``(C) establishing a comprehensive policy for the development of such systems and the effective integration of the various highspeed ground transportation technologies; and

``(D) minimizing the longterm risks of investors.

``(2) It is the policy of the United States to establish in the shortest time practicable a United States designed and constructed magnetic levitation transportation technology capable of operating along Federalaid highway rightsofway, as part of a national transportation system of the United States.''.

(b) National Magnetic Levitation Prototype Development Program.-

(1) Management of program.-There is hereby established a national magnetic levitation prototype development program to be managed by a program director appointed jointly by the Secretary and the Assistant Secretary of the Army for Civil Works (hereinafter in this subsection referred to as the ``Assistant Secretary''). To carry out such program, the Secretary and the Assistant Secretary shall establish a national maglev joint project office (hereinafter in this subsection referred to as the ``Maglev Project Office''), which shall be headed by the program director, and shall enter into such arrangements as may be necessary for funding, staffing, office space, and other requirements that will allow the Maglev Project Office to carry out its functions. In carrying out such program, the program director shall consult with appropriate Federal officials, including the Secretary of Energy and the Administrator of the Environmental Protection Agency.

(2) Phase one contracts.-

(A) Request for proposals.-Not later than 12 months after the date of the enactment of this Act, the Maglev Project Office shall release a request for proposals for development of conceptual designs for a maglev system and for research to facilitate the development of such conceptual designs.

(B) Award of contracts.-Not later than 15 months after the date of the enactment of this Act, the Secretary and the Assistant Secretary shall, based on the recommendations of the program director, award 1year contracts for research and development to no fewer than 5 eligible applicants. If fewer than 5 complete applications have been received, contracts shall be awarded to as many eligible applicants as is practical.

(C) Factors and conditions to be considered.-The Secretary and the Assistant Secretary may approve contracts under subparagraph (B) only after consideration of factors relating to the construction and operation of a magnetic levitation system, including the costeffectiveness, ease of maintenance, safety, limited environmental impact, ability to achieve sustained high speeds, ability to operate along the Interstate highway rightsofway, the potential for the guideway design to be a national standard, the applicant's resources, capabilities, and history of successfully designing and developing systems of similar complexity, and the desirability of geographic diversity among contractors and only if the applicant agrees to submit a report to the Maglev Project Office detailing the results of the research and development and agrees to provide for matching of the phase one contract at a 90 percent Federal, 10 percent nonFederal, cost share.

(3) Phase two contracts.-Within 3 months of receiving the final reports of contract activities under paragraph (2), and based only on such reports and the recommendations of the program director, the Secretary and the Assistant Secretary shall select not more than 3 eligible applicants from among the contract recipients submitting reports under paragraph (2) to receive 18month contracts for research and development leading to a detailed design for a prototype maglev system. The Secretary and the Assistant Secretary may only award contracts under this paragraph if-

(A) they determine that the applicant has demonstrated technical merit for the conceptual design and the potential for further development of such design into an operational prototype as described in paragraph (4),

(B) the applicant agrees to submit the detailed design within such 18month period to the Maglev Project Office and the selection committee described in paragraph (4), and

(C) the applicant agrees to provide for matching of the phase two contract at an 80 percent Federal, 20 percent nonFederal, cost share.

(4) Prototype.-

(A) Selection of design.-Within 6 months of receiving the detailed designs developed under paragraph (3), the Secretary and the Assistant Secretary shall, based on the recommendations of the selection committee described in this subparagraph, select 1 design for development into a fullscale prototype, unless the Secretary and the Assistant Secretary determine jointly that no design shall be selected, based on an assessment of technical feasibility and projected cost of construction and operation of the prototype. A selection committee of 8 members, consisting of-

(i) 1 member to be appointed by the Secretary,

(ii) 1 member to be appointed by the Assistant Secretary,

(iii) 3 members to be appointed by the Senate majority and minority leaders, and

(iv) 3 members to be appointed by the Speaker of the House and the minority leader of the House,

shall be appointed not later than 1 year following the award of contracts under paragraph (3). The selection committee, within 3 months of receiving the detailed designs developed under paragraph (3), shall make a recommendation to the Secretary and the Assistant Secretary as to the best prototype design or the unsuitability of any design. The program director shall provide technical reviews of the phase two contract reports to the selection committee and otherwise provide any technical assistance that the committee requires to assist it in making a recommendation. In the event that the Secretary and the Assistant Secretary determine jointly not to select a design for development under this subsection, they shall report to Congress on the basis for such determination, together with recommendations for future action, including further research, development, or design, termination of the program, or such other action as may be appropriate.

(B) Award of construction grant or contract.-Unless the Secretary and the Assistant Secretary determine not to proceed pursuant to subparagraph (A), they shall, not later than 3 months after selection of a design for development into a fullscale prototype, and based on the recommendations of the program director, award 1 construction grant or contract to the applicant whose detailed design was selected under subparagraph (A) for the purpose of constructing a prototype maglev system in accordance with the selected design. Not more than 75 percent of the cost of the project shall be borne by the United States.

(C) Factors to be considered in selection.-Selection of the detailed design under this paragraph shall be based on consideration of the following factors, among others:

(i) The project shall be capable of utilizing Interstate highway rightsofway along or above a significant portion of its route, and may also use railroad rightsofway along or above any portion of the railroad route.

(ii) The total length of guideway shall be at least 19 miles and allow significant fullspeed operations between stops.

(iii) The project shall be constructed and ready for operational testing within 3 years after the award of the contract or grant.

(iv) The project shall provide for the conversion of the prototype to commercial operation after testing and technical evaluation is completed.

(v) The project shall be located in an area that provides a potential ridership base for future commercial operation.

(vi) The project shall utilize a technology capable of being applied in commercial service in most parts of the contiguous United States.

(vii) The project shall have at least 1 switch.

(viii) The project shall be intermodal in nature connecting a major metropolitan area with an airport, port, passenger rail station, or other transportation mode.

(D) Additional factors for consideration.-In awarding a grant or contract under this paragraph, the Secretary shall encourage the development of domestic manufacturing capabilities. In selecting among eligible applicants, the Secretary shall consider existing railroads and equipment manufacturers with excess production capacity, including railroads that have experience in advanced technologies (including selfpropelled cars).

(5) Licensing.-

(A) Proprietary rights.-No trade secrets or commercial or financial information that is privileged or confidential, under the meaning of section 552(b)(4) of title 5, United States Code, which is obtained from a United States business, research, or education entity as a result of activities under this subsection shall be disclosed.

(B) Commercial information.-The research, development, and use of any technology developed pursuant to an agreement reached pursuant to this subsection, including the terms under which any technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the StevensonWydler Technology Innovation Act of 1980 (15 U.S.C. 3701m3714). In addition, the Secretary and the Assistant Secretary may require any grant or contract recipient to assure that research and development be performed substantially in the United States and that the products embodying the inventions made under any agreement pursuant to this subsection or produced through the use of such inventions be manufactured substantially in the United States.

(6) Reports.-The Secretary and the Assistant Secretary shall provide periodic reports to Congress on progress made under this subsection.

(7) Eligible applicant defined.-For purposes of this subsection, the term ``eligible applicant'' means a United States private business, United States public or private education and research organization, Federal laboratory, or a consortium of such businesses, organizations, and laboratories.

(c) Technology Demonstration Program; Research and Development Program.-

(1) In general.-Subchapter I of chapter 3 of title 49, United States Code, is amended by adding at the end the following new section:

``Sec. 309. Highspeed ground transportation

``(a) The Secretary of Transportation, in consultation with the Secretaries of Commerce, Energy, and Defense, the Administrator of the Environmental Protection Agency, the Assistant Secretary of the Army for Public Works, and the heads of other interested agencies, shall lead and coordinate Federal efforts in the research and development of highspeed ground transportation technologies in order to foster the implementation of magnetic levitation and highspeed steel wheel on rail transportation systems as alternatives to existing transportation systems.

``(b)(1) The Secretary may award contracts and grants for demonstrations to determine the contributions that highspeed ground transportation could make to more efficient, safe, and economical intercity transportation systems. Such demonstrations shall be designed to measure and evaluate such factors as the public response to new equipment, higher speeds, variations in fares, improved comfort and convenience, and more frequent service. In connection with grants and contracts for demonstrations under this section, the Secretary shall provide for financial participation by private industry to the maximum extent practicable.

``(2)(A) In connection with the authority provided under paragraph (1), there is established a national highspeed ground transportation technology demonstration program, which shall be separate from the national magnetic levitation prototype development program established under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991 and shall be managed by the Secretary of Transportation.

``(B)(i) Any eligible applicant may submit to the Secretary a proposal for demonstration of any advancement in a highspeed ground transportation technology or technologies to be incorporated as a component, subsystem, or system in any revenue service highspeed ground transportation project or system under construction or in operation at the time the application is made.

``(ii) Grants or contracts shall be awarded only to eligible applicants showing demonstrable benefit to the research and development, design, construction, or ultimate operation of any maglev technology or highspeed steel wheel on rail technology. Criteria to be considered in evaluating the suitability of a proposal under this paragraph shall include-

``(I) feasibility of guideway or track design and construction;

``(II) safety and reliability;

``(III) impact on the environment in comparison to other highspeed ground transportation technologies;

``(IV) minimization of land use;

``(V) effect on human factors related to highspeed ground transportation;

``(VI) energy and power consumption and cost;

``(VII) integration of highspeed ground transportation systems with other modes of transportation;

``(VIII) actual and projected ridership; and

``(IX) design of signaling, communications, and control _systems.

``(C) For the purposes of this paragraph, the term `eligible _applicant' means any United States private business, State government, local government, organization of State or local government, or any combination thereof. The term does not include any business owned in whole or in part by the Federal Government.

``(D) The amount and distribution of grants or contracts made under this paragraph shall be determined by the Secretary. No grant or contract may be awarded under this paragraph to demonstrate a technology to be incorporated into a project or system located in a State that prohibits under State law the expenditure of nonFederal public funds or revenues on the construction or operation of such project or system.

``(E) Recipients of grants or contracts made pursuant to this paragraph shall agree to submit a report to the Secretary detailing the results and benefits of the technology demonstration proposed, as required by the Secretary.

``(c)(1) In carrying out the responsibilities of the Secretary under this section, the Secretary is authorized to enter into 1 or more cooperative research and development agreements (as defined by section 12 of the StevensonWydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)), and 1 or more funding agreements (as defined by section 201(b) of title 35, United States Code), with United States companies for the purpose of-

``(A) conducting research to overcome technical and other barriers to the development and construction of practicable highspeed ground transportation systems and to help advance the basic generic technologies needed for these systems; and

``(B) transferring the research and basic generic technologies described in subparagraph (A) to industry in order to help create a viable commercial highspeed ground transportation industry within the United States.

``(2) In a cooperative agreement or funding agreement under paragraph (1), the Secretary may agree to provide not more than 80 percent of the cost of any project under the agreement. Not less than 5 percent of the nonFederal entity's share of the cost of any such project shall be paid in cash.

``(3) The research, development, or utilization of any technology pursuant to a cooperative agreement under paragraph (1), including the terms under which such technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the StevensonWydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).

``(4) The research, development, or utilization of any technology pursuant to a funding agreement under paragraph (1), including the determination of all licensing and ownership rights, shall be subject to the provisions of chapter 18 of title 35, United States Code.

``(5) At the conclusion of fiscal year 1993 and again at the conclusion of fiscal year 1996, the Secretary shall submit reports to Congress regarding research and technology transfer activities conducted pursuant to the authorization contained in paragraph (1).

``(d)(1) Not later than June 1, 1995, the Secretary shall complete and submit to Congress a study of the commercial feasibility of constructing 1 or more highspeed ground transportation systems in the United States. Such study shall consist of-

``(A) an economic and financial analysis;

``(B) a technical assessment; and

``(C) recommendations for model legislation for State and local governments to facilitate construction of highspeed ground transportation systems.

``(2) The economic and financial analysis referred to in paragraph (1)(A) shall include-

``(A) an examination of the potential market for a nationwide highspeed ground transportation network, including a national magnetic levitation ground transportation system;

``(B) an examination of the potential markets for shorthaul highspeed ground transportation systems and for intercity and longhaul highspeed ground transportation systems, including an assessment of-

``(i) the current transportation practices and trends in each market; and

``(ii) the extent to which highspeed ground transportation systems would relieve the current or anticipated congestion on other modes of transportation;

``(C) projections of the costs of designing, constructing, and operating highspeed ground transportation systems, the extent to which such systems can recover their costs (including capital costs), and the alternative methods available for private and public financing;

``(D) the availability of rightsofway to serve each market, including the extent to which average and maximum speeds would be limited by the curvature of existing rightsofway and the prospect of increasing speeds through the acquisition of additional ~~~rightsofway ~~~without ~~~significant ~~~relocation ~~~of _residential, commercial, or industrial facilities;

``(E) a ~~~comparison ~~~of ~~~the ~~~projected ~~~costs ~~~of ~~~the ~~~various _competing highspeed ground transportation technologies;

``(F) recommendations for funding mechanisms, tax incentives, liability provisions, and changes in statutes and regulations~~~ necessary ~~~to ~~~facilitate ~~~the ~~~development ~~~of ~~~individual _highspeed ground transportation systems and the completion of a nationwide highspeed ground transportation network;

``(G) an examination of the effect of the construction and operation of highspeed ground transportation systems on regional employment and economic growth;

``(H) recommendations for the roles appropriate for local, regional, and State governments to facilitate construction of highspeed ground transportation systems, including the roles of regional economic development authorities;

``(I) an assessment of the potential for a highspeed ground transportation technology export market;

``(J) recommendations regarding the coordination and centralization of Federal efforts relating to highspeed ground transportation;

``(K) an examination of the role of the National Railroad Passenger Corporation in the development and operation of highspeed ground transportation systems; and

``(L) any other economic or financial analyses the Secretary considers important for carrying out this section.

``(3) The technical assessment referred to in paragraph (1)(B) shall include-

``(A) an examination of the various technologies developed for use in the transportation of passengers by highspeed ground transportation, including a comparison of the safety (including dangers associated with grade crossings), energy efficiency, operational efficiencies, and environmental impacts of each system;

``(B) an examination of the potential role of a United States designed maglev system, developed as a prototype under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991, in relation to the implementation of other highspeed ground transportation technologies and the national transportation system;

``(C) an examination of the work being done to establish safety standards for highspeed ground transportation as a result of the enactment of section 7 of the Rail Safety Improvement Act of 1988;

``(D) an examination of the need to establish appropriate technological, quality, and environmental standards for highspeed ground transportation systems;

``(E) an examination of the significant unresolved technical issues surrounding the design, engineering, construction, and operation of highspeed ground transportation systems, including the potential for the use of existing rightsofway;

``(F) an examination of the effects on air quality, energy consumption, noise, land use, health, and safety as a result of the decreases in traffic volume on other modes of transportation that are expected to result from the fullscale development of highspeed ground transportation systems; and

``(G) any other technical assessments the Secretary considers important for carrying out this section.

``(e)(1) Within 12 months after the submission of the study required by subsection (d), the Secretary shall establish the national highspeed ground transportation policy (hereinafter in this section referred to as the `Policy').

``(2) The Policy shall include-

``(A) provisions to promote the design, construction, and operation of highspeed ground transportation systems in the United States;

``(B) a determination whether the various competing highspeed ground transportation technologies can be effectively integrated into a national network and, if not, whether 1 or more such technologies should receive preferential encouragement from the Federal Government to enable the development of such a national network;

``(C) a strategy for prioritizing the markets and corridors in which the construction of highspeed ground transportation systems should be encouraged; and

``(D) provisions designed to promote American competitiveness in the market for highspeed ground transportation technologies.

``(3) The Secretary shall solicit comments from the public in the development of the Policy and may consult with other Federal agencies as appropriate in drafting the Policy.''.

(2) Conforming amendment.-The analysis for chapter 3 of such title is amended by inserting after the item relating to section 308 the following:

``309. Highspeed ground transportation.''.

(d) Funding.-

(1) Out of highway trust fund.-There shall be available from the Highway Trust Fund (other than the Mass Transit Account) the following sums:

(A) National magnetic levitation prototype development program.-For the national magnetic levitation prototype development program under this section $5,000,000 for fiscal year 1992, $45,000,000 for fiscal year 1993, $100,000,000 for fiscal year 1994, $100,000,000 for fiscal year 1995, $125,000,000 for fiscal year 1996, and $125,000,000 for fiscal year 1997.

(B) National highspeed ground transportation technology demonstration ~~~program.-For ~~~the ~~~national _highspeed~~~ ground ~~~transportation ~~~technology ~~~demonstration _program under section 309 of title 49, United States Code, $5,000,000 for each of fiscal years 1993, 1994, 1995, 1996, and 1997.

(2) Out of general fund.-In addition to amounts made available by paragraph (1), there is authorized to be appropriated for fiscal years 1992, 1993, 1994, 1995, 1996, and 1997-

(A) $225,000,000 for the national magnetic levitation prototype development program under this section;

(B) $25,000,000 for the national highspeed ground transportation technology demonstration program under section 309 of title 49, United States Code; and

(C) $25,000,000 for national highspeed ground transportation research and development under section 309 of title 49, United States Code.

(3) Period of availability.-Funds made available by and under this section shall remain available until expended.

(4) Contract authority.-Notwithstanding any other provision of law, approval by the Secretary of a grant or contract with funds made available by paragraph (1) shall be deemed a contractual obligation of the United States for payment of the Federal share of the cost of the project.

(e) Guarantee of Obligations.-Section 511 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 831) is amended-

(1) in subsection (a)-

(A) by inserting ``(1)'' after ``shall be or have been used'';

(B) by striking ``or'' after ``car management systems),'' and inserting in lieu thereof ``(2)''; and

(C) by inserting ``, or (3) to acquire, rehabilitate, improve, develop, or establish highspeed rail facilities or equipment'' after ``new railroad facilities'';

(2) in subsection (g)-

(A) by inserting ``or highspeed rail services'' after ``rail services'' both places it appears in paragraph (3);

(B) by inserting ``or passengers'' after ``provide shippers'' in paragraph (3);

(C) by striking ``or improved'' and inserting in lieu thereof ``improved, developed, or established'' in paragraph (4);

(D) by striking ``improved, rehabilitated, or acquired'' and inserting in lieu thereof ``acquired, rehabilitated, improved, developed, or established'' in paragraph (5);

(E) by striking ``and'' at the end of paragraph (5);

(F) by inserting ``or highspeed rail carrier'' after ``affected railroad'' in paragraph (6);

(G) by striking the period at the end of paragraph (6) and inserting in lieu thereof ``; and''; and

(H) by adding at the end the following new paragraph:

``(7) in the case of highspeed rail facilities and equipment, at least 85 percent of such facilities and equipment are mined, produced, or manufactured in the United States, unless the Secretary finds in writing that-

``(A) such requirement would be inconsistent with the public interest;

``(B) such facilities and equipment could not be mined, produced, or manufactured in the United States in sufficient and reasonably available quantities of a satisfactory quality;

``(C) such a requirement would increase the cost of the facilities and equipment by more than 25 percent; or

``(D) such a requirement would result in a violation of obligations of the United States under international trade agreements.'';

(3) in subsection (i)(1)-

(A) by amending subparagraph (B) to read as follows:

``(B)(i) will not use any funds or assets from railroad operations for nonrail purposes; and

``(ii) will not use any funds or assets from highspeed rail operations for purposes other than highspeed rail purposes,''; and

(B) by inserting ``or highspeed rail services'' after ``provide rail services''; and

(4) by adding at the end the following new subsection:

``(n) Definitions.-As used in this section, the term `highspeed rail' means all forms of nonhighway ground transportation that run on rails providing transportation service which is-

``(1) reasonably expected to reach sustained speeds of more than 125 miles per hour; and

``(2) made available to members of the general public as passengers.

Such term does not include rapid transit operations within an urban area that are not connected to the general rail system of transportation.''.

(f) General Accounting Office Study.-The Comptroller General, within 2 years after the date of the enactment of this Act, and annually thereafter, shall analyze the effectiveness of the application of section 511 of the Railroad Revitalization and Regulatory Reform Act of 1976 to highspeed rail facilities and equipment, and report the results of such analysis to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

SEC. 1037. RAILROAD RELOCATION DEMONSTRATION PROGRAM.

Section 163(p) of the FederalAid Highway Act of 1973 (23 U.S.C. 130 note) is amended by striking ``and 1991,'' and inserting ``1991, 1992, 1993, and 1994,''.

SEC. 1038. USE OF RECYCLED PAVING MATERIAL.

(a) Asphalt Pavement Containing Recycled Rubber Demonstration Program.-Notwithstanding any other provision of title 23, United States Code, or regulation or policy of the Department of Transportation, the Secretary (or a State acting as the Department's agent) may not disapprove a highway project under chapter 1 of title 23, United States Code, on the ground that the project includes the use of asphalt pavement containing recycled rubber. Under this subsection, a patented application process for recycled rubber shall be eligible for approval under the same conditions that an unpatented process is eligible for approval.

(b) Studies.-

(1) In general.-The Secretary and the Administrator of the Environmental Protection Agency shall coordinate and conduct, in cooperation with the States, a study to determine-

(A) the threat to human health and the environment associated with the production and use of asphalt pavement containing recycled rubber;

(B) the degree to which asphalt pavement containing recycled rubber can be recycled; and

(C) the performance of the asphalt pavement containing recycled rubber under various climate and use conditions.

(2) Division of responsibilities.-The Administrator shall conduct the part of the study relating to paragraph (1)(A) and the Secretary shall conduct the part of the study relating to paragraph (1)(C). The Administrator and the Secretary shall jointly conduct the study relating to paragraph (1)(B).

(3) Additional study.-The Secretary and the Administrator, in cooperation with the States, shall jointly conduct a study to determine the economic savings, technical performance qualities, threats to human health and the environment, and environmental benefits of using recycled materials in highway devices and appurtenances and highway projects, including asphalt containing over 80 percent reclaimed asphalt, asphalt containing recycled glass, and asphalt containing recycled _plastic.

(4) Additional elements.-In conducting the study under paragraph (3), the Secretary and the Administrator shall examine utilization of various technologies by States and shall examine the current practices of all States relating to the reuse and disposal of materials used in federally assisted highway projects.

(5) Report.-Not later than 18 months after the date of the enactment of this Act, the Secretary and the Administrator shall transmit to Congress a report on the results of the studies conducted under this subsection, including a detailed analysis of the economic savings and technical performance qualities of using such recycled materials in federally assisted highway projects and the environmental benefits of using such recycled materials in such highway projects in terms of reducing air emissions, conserving natural resources, and reducing disposal of the materials in landfills.

(c) DOT Guidance.-

(1) Information gathering and distribution.-The Secretary shall gather information and recommendations concerning the use of asphalt containing recycled rubber in highway projects from those States that have extensively evaluated and experimented with the use of such asphalt and implemented such projects and shall make available such information and recommendations on the use of such asphalt to those States which indicate an interest in the use of such asphalt.

(2) Encouragement of use.-The Secretary should encourage the use of recycled materials determined to be appropriate by the studies pursuant to subsection (b) in federally assisted highway projects. Procuring agencies shall comply with all applicable guidelines or regulations issued by the Administrator of the Environmental Protection Agency.

(d) Use of Asphalt Pavement Containing Recycled Rubber.-

(1) State certification.-Beginning on January 1, 1995, and annually thereafter, each State shall certify to the Secretary that such State has satisfied the minimum utilization requirement for asphalt pavement containing recycled rubber established by this section. The minimum utilization requirement for asphalt pavement containing recycled rubber as a percentage of the total tons of asphalt laid in such State and financed in whole or part by any assistance pursuant to title 23, United States Code, shall be-

(A) 5 percent for the year 1994;

(B) 10 percent for the year 1995;

(C) 15 percent for the year 1996; and

(D) 20 percent for the year 1997 and each year thereafter.

(2) Other materials.-Any recycled material or materials determined to be appropriate by the studies under subsection (b) may be substituted for recycled rubber under the minimum utilization requirement of paragraph (1) up to 5 percent.

(3) Increase.-The Secretary may increase the minimum utilization requirement of paragraph (1) for asphalt pavement containing recycled rubber to be used in federally assisted highway projects to the extent it is technologically and economically feasible to do so and if an increase is appropriate to assure markets for the reuse and recycling of scrap tires. The minimum utilization requirement for asphalt pavement containing recycled rubber may not be met by any use or technique found to be unsuitable for use in highway projects by the studies under subsection (b).

(4) Penalty.-The Secretary shall withhold from any State that fails to make a certification under paragraph (1) for any fiscal year, a percentage of the apportionments under section 104 (other than subsection (b)(5)(A)) of title 23, United States Code, that would otherwise be apportioned to such State for such fiscal year under such section equal to the percentage utilization requirement established by paragraph (1) for such fiscal year.

(5) Secretarial waiver.-The Secretary may set aside the provisions of this subsection for any 3year period on a determination, made in concurrence with the Administrator of the Environmental Protection Agency with respect to subparagraphs (A) and (B) of this paragraph, that there is reliable evidence indicating-

(A) that manufacture, application, or use of asphalt pavement containing recycled rubber substantially increases the threat to human health or the environment as compared to the threats associated with conventional pavement;

(B) that asphalt pavement containing recycled rubber cannot be recycled to substantially the same degree as conventional pavement; or

(C) that asphalt pavement containing recycled rubber does not perform adequately as a material for the construction or surfacing of highways and roads.

The Secretary shall consider the results of the study under subsection (b)(1) in determining whether a 3year setaside is appropriate.

(6) Renewal of waiver.-Any determination made to set aside the requirements of this section may be renewed for an additional 3year period by the Secretary, with the concurrence of the Administrator with respect to the determinations made under paragraphs (5)(A) and (5)(B). Any determination made with respect to paragraph (5)(C) may be made for specific States or regions considering climate, geography, and other factors that may be unique to the State or region and that would prevent the adequate performance of asphalt pavement containing recycled rubber.

(7) Individual state reduction.-The Secretary shall establish a minimum utilization requirement for asphalt pavement containing recycled rubber less than the minimum utilization requirement otherwise required by paragraph (1) in a particular State, upon the request of such State and if the Secretary, with the concurrence of the Administrator of the Environmental Protection Agency, determines that there is not a sufficient quantity of scrap tires available in the State prior to disposal to meet the minimum utilization requirement established under paragraph (1) as the result of recycling and processing uses (in that State or another State), including retreading or energy recovery.

(e) Definitions.-For purpose of this section-

(1) the term ``asphalt pavement containing recycled rubber'' means any hot mix or spray applied binder in asphalt paving mixture that contains rubber from whole scrap tires which is used for asphalt pavement base, surface course or interlayer, or other road and highway related uses and-

(A) is a mixture of not less than 20 pounds of recycled rubber per ton of hot mix or 300 pounds of recycled rubber per ton of spray applied binder; or

(B) is any mixture of asphalt pavement and recycled rubber that is certified by a State and is approved by the Secretary, provided that the total amount of recycled rubber from whole scrap tires utilized in any year in such State shall be not less than the amount that would be utilized if all asphalt pavement containing recycled rubber laid in such State met the specifications of subparagraph (A) and subsection (d)(1); and

(2) the term ``recycled rubber'' is any crumb rubber derived from processing whole scrap tires or shredded tire material taken from automobiles, trucks, or other equipment owned and operated in the United States.

SEC. 1039. HIGHWAY TIMBER BRIDGE RESEARCH AND DEMONSTRATION PROGRAM.

(a) Research Grants.-The Secretary may make grants to other Federal agencies, universities, private businesses, nonprofit organizations, and any research or engineering entity to carry out research on 1 or more of the following:

(1) Development of new, economical highway timber bridge systems.

(2) Development of engineering design criteria for structural wood products for use in highway bridges in order to improve methods for characterizing lumber design properties.

(3) Preservative systems for use in highway timber bridges which demonstrate new alternatives and current treatment processes and procedures and which are environmentally sound with respect to application, use, and disposal of treated wood.

(4) Alternative transportation system timber structures which demonstrate the development of applications for railing, sign, and lighting supports, sound barriers, culverts, and retaining walls in highway applications.

(5) Rehabilitation measures which demonstrate effective, safe, and reliable methods for rehabilitating existing highway timber structures.

(b) Technology and Information Transfer.-The Secretary shall take such action as may be necessary to ensure that the information and technology resulting from research conducted under subsection (a) is made available to State and local transportation departments and other interested persons.

(c) Construction Grants.-

(1) Authority.-The Secretary shall make grants to States for construction of highway timber bridges on rural Federalaid highways.

(2) Applications.-A State interested in receiving a grant under this subsection must submit an application therefor to the Secretary. Such application shall be in such form and contain such information as the Secretary may require by regulation.

(3) Approval criteria.-The Secretary shall select and approve applications for grants under this subsection based on the following criteria:

(A) Bridge designs which have both initial and longterm structural and environmental integrity.

(B) Bridge designs which utilize timber species native to the State or region.

(C) Innovative bridge designs which have the possibility of increasing knowledge, cost effectiveness, and future use of such designs.

(D) Environmental practices for preservative treated timber, and construction techniques which comply with all environmental regulations, will be utilized.

(d) Federal Share.-The Federal share of the costs of research and construction projects carried out under this section shall be 80 percent.

(e) Funding.-From the funds reserved from apportionment under section 144(g)(1) of title 23, United States Code, for each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997-

(1) $1,000,000 shall be available to the Secretary for carrying out subsections (a) and (b); and

(2) $7,500,000 ($7,000,000 in the case of fiscal year 1992) shall be available to the Secretary for carrying out subsection (c).

Such sums shall remain available until expended.

(f) State Defined.-For purposes of this section, the term ``State'' has the meaning such term has under section 101 of title 23, United States Code.

SEC. 1040. HIGHWAY USE TAX EVASION PROJECTS.

(a) In General.-The Secretary shall use funds made available by subsection (e) to carry out highway use tax evasion projects in accordance with this section. Such funds may be allocated to the Internal Revenue Service and the States at the discretion of the Secretary. The Secretary shall not impose any condition on the use of funds allocated to the Internal Revenue Service under this section.

(b) Limitation on Use of Funds.-Funds made available to carry out this section shall be used only to expand efforts to enhance motor fuel tax enforcement, fund additional Internal Revenue Service staff but only to carry out functions described in this subsection, supplement motor fuel tax examinations and criminal investigations, develop automated data processing tools to monitor motor fuel production and sales, evaluate and implement registration and reporting requirements for motor fuel taxpayers, reimburse State expenses that supplement existing fuel tax compliance efforts, and analyze and implement programs to reduce tax evasion associated with other highway use taxes.

(c) Maintenance of Effort.-The Secretary may not make a grant to a State under this section in a fiscal year unless the State certifies that aggregate expenditure of funds of the State, exclusive of Federal funds, for motor fuel tax enforcement activities will be maintained at a level which does not fall below the average level of such expenditure for its last 2 fiscal years.

(d) Reports.-

(1) In general.-On September 30 and March 31 of each year, the Secretary shall transmit to the Committee on Environment and Public Works and the Committee on Finance of the Senate and the Committee on Public Works and Transportation and the Committee on Ways and Means of the House of Representatives a report on motor fuel tax enforcement activities under this section and the expenditure of funds made available to carry out this section, including expenses for the hiring of additional staff by any Federal agency.

(2) Use of revenues for enforcement of highway trust fund taxes.-The Secretary of the Treasury shall, at least 60 days before the beginning of each fiscal year (after fiscal year 1992) for which funds are to be allocated to the Internal Revenue Service under this section, submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate detailing the increased enforcement activities to be financed with such funds with respect to taxes referred to in section 9503(b)(1) of the Internal Revenue Code of 1986.

(e) Use of Dye and Markers.-

(1) Study.-The Secretary, in consultation with the Internal Revenue Service, shall conduct a study to determine the feasibility and the desirability of using dye and markers to aid in motor fuel tax enforcement activities and other purposes.

(2) Report.-Not later than 1 year after the effective date of this section, the Secretary shall transmit to Congress a report on the results of the study conducted under this subsection.

(f) Funding.-

(1) Highway trust fund.-There shall be available to the Secretary for carrying out this section, out of the Highway Trust Fund (other than the Mass Transit Account), $5,000,000 for each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997. Such sums shall be available for obligation in the same manner and to the same extent as if such sums were apportioned under chapter 1 of title 23, United States Code; except that the Federal share for projects carried out under this section shall be 100 percent and the sums shall remain available until expended.

(2) General fund.-There are authorized to be appropriated to carry out this section $2,500,000 per fiscal year for each of fiscal years 1992 through 1997. Such sums shall remain available until expended.

(g) State Defined.-For purposes of this section, the term ``State'' means the 50 States and the District of Columbia.

SEC. 1041. REGULATORY INTERPRETATIONS.

(a) Inclusion of Coating of Steel in Buy America Program.-Section 635.410 of title 23 of the Code of Federal Regulations and any similar regulation, ruling, or decision shall be applied as if to include coating.

(b) Funding of Fusees and Flares.-Section 393.95 of title 49 of the Code of Federal Regulations shall be applied so that fusees and flares are given equal priority with regard to use as reflecting signs.

SEC. 1042. INDIAN RESERVATION ROADS STUDY.

(a) Study.-The Secretary shall conduct a study on the funding needs for Indian reservation roads taking into account funding and other quality inequities between Indian reservation roads and other highway systems.

(b) Report.-Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the results of the study conducted under this section, together with any legislative and administrative recommendations of the Secretary for correcting inequities identified under such study.

SEC. 1043. REPORT TO CONGRESS ON QUALITY IMPROVEMENT.

(a) Report to Congress on Quality Improvement.-The Comptroller General shall submit within 24 months following the date of the enactment of this title a report to Congress addressing means for improving the quality of highways constructed with Federal assistance. This report shall address Federal design standards, engineering and design services, and construction of Federalaid highway projects.

(b) Scope of the Report to Congress.-In preparing such report, the Comptroller shall address, at a minimum, the following:

(1) Alternative modifications to current Federal and State minimum design standards, including but not limited to, the anticipated impacts these alternatives would have on the serviceability, maintenance, expected life, and costs (including engineering and design, construction maintenance, operation and replacement costs).

(2) Inclusion of guarantee and warranty clauses in contracts with designers, contractors, and State highway departments to address, at a minimum, potential costs and benefits of such clauses; any liability or insurance constraints or concerns; implications for small, minority, or disadvantaged businesses; currently existing options for States to require these clauses or other means with similar effect without additional Federal legislation, and the effect these or similar clauses may have on the availability of insurance and bonds for design professionals and contractors and the implication to the public of any change in such availability.

(3) Means of enhancing the maintenance of the Federalaid Highway System to ensure the public investment in such system is protected.

SEC. 1044. CREDIT FOR NONFEDERAL SHARE.

(a) Eligibility.-A State may use as a credit toward the nonFederal matching share requirement for all programs under this Act and title 23, United States Code, toll revenues that are generated and used by public, quasipublic and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce. Such public, quasipublic or private agencies shall have built, improved, or maintained such facilities without Federal funds.

(b) Maintenance of Effort.-The credit for any nonFederal share shall not reduce nor replace State monies required to match Federal funds for any program pursuant to this Act or title 23, United States Code. In receiving a credit for nonFederal capital expenditures under this section, a State shall enter into such agreements as the Secretary may require to ensure that such State will maintain its nonFederal transportation capital expenditures at or above the average level of such expenditures for the preceding three fiscal years.

(c) Treatment.-Use of such credit for a nonFederal share shall not expose such agencies from which the credit is received to additional liability, additional regulation or additional administrative oversight. When credit is applied from chartered multiState agencies, such credit shall be applied equally to all charter States. The public, quasipublic, and private agencies from which the credit for which the nonFederal share is calculated shall not be subject to any additional Federal design standards, laws or regulations as a result of providing nonFederal match other than those to which such agency is already subject.

SEC. 1045. SUBSTITUTE PROJECT.

(a) Approval of Project.-Notwithstanding any other provision of law, upon the request of the Governor of the State of Wisconsin, submitted after consultation with appropriate local government officials, the Secretary may approve substitute highway, bus transit, and light rail transit projects, in lieu of construction of the Im94 EastWest Transitway project in Milwaukee and Waukesha Counties, as identified in the 1991 Interstate Cost Estimate.

(b) Eligibility for Federal Assistance.-Upon approval of any substitute highway or transit project or projects under subsection (a), the costs of construction of the eligible transitway project for which such project or projects are substituted shall not be eligible for funds authorized under section 108(b) of the FederalAid Highway Act of 1956 and a sum equal to the Federal share of such costs, as included in the latest interstate cost estimate submitted to Congress, shall be available to the Secretary to incur obligations under section 103(e)(4) of title 23, United States Code, for the Federal share of the costs of such substitute project or projects.

(c) Limitation on Eligibility.-If, by October 1, 1993, or two years after the date of the enactment of this Act, whichever is later, the Governor of the State of Wisconsin has not submitted a request for a substitute project or projects in lieu of the Im94 EastWest Transitway, the Secretary shall not approve such substitution. If, by October 1, 1995, or four years after the date of the enactment of this Act, whichever is later, such substitute project or projects are not under construction, or under contract for construction, no funds shall be appropriated under the authority of section 103(e)(4) of title 23, United States Code, for such project or projects. For the purposes of this subsection, the term ``construction'' has the same meaning as given to it in section 101, title 23, United States Code, and shall include activities such as preliminary engineering and rightofway acquisition.

(d) Administrative Provisions.-

(1) Status of substitute project or projects.-Any substitute project approved under subsection (a) shall be deemed to be~~~ a ~~~substitute ~~~project ~~~for ~~~the ~~~purposes ~~~of ~~~section ~~~103(e)(4) _of title 23, United States Code (other than subparagraphs (C) _and (O)).

(2) Reduction of unobligated interstate apportionment.-Unobligated apportionments for the Interstate System in the State of Wisconsin shall, on the date of approval of any substitute project or projects under subsection (a), be applied toward the Federal share of the costs of such substitute project or projects.

(3) Administration through fhwa.-The Secretary shall administer this section through the Federal Highway Administration.

(4) Fiscal years 1993 and 1994 apportionments.-For the purpose of apportioning funds for fiscal years 1993 and 1994 under section 104(b)(5)(A), the Secretary shall consider Wisconsin as having no remaining eligible costs. For the purpose of apportioning funds under section 104(b)(5)(A) of title 23, United States Code, for fiscal year 1995 and subsequent fiscal years, Wisconsin's actual remaining eligible costs shall be used.

(e) Transfer of Apportionments.-Wisconsin may transfer Interstate construction apportionments to its Na_tional Highway System in amounts equal to or less than the costs for additional work on sections of the Interstate System that have been built with Interstate construction funds and that are open to traffic as shown in the 1991 Interstate Cost Estimate.

SEC. 1046. CONTROL OF OUTDOOR ADVERTISING.

(a) Funding.-Section 131(m) of title 23, United States Code, is amended by adding at the end the following new sentence: ``Subject to approval by the Secretary in accordance with the program of projects approval process of section 105, a State may use any funds apportioned to it under section 104 of this title for removal of any sign, display, or device lawfully erected which does not conform to this section.''.

(b) Removal of Illegal Signs.-Section 131 of such title is amended by adding at the end the following new subsection:

``(r) Removal of Illegal Signs.-

``(1) By owners.-Any sign, display, or device along the Interstate System or the Federalaid primary system which was not lawfully erected, shall be removed by the owner of such sign, display, or device not later than the 90th day following the effective date of this subsection.

``(2) By states.-If any owner does not remove a sign, display, or device in accordance with paragraph (1), the State within the borders of which the sign, display, or device is located shall remove the sign, display, or device. The owner of the removed sign, display, or device shall be liable to the State for the costs of such removal. Effective control under this section includes compliance with the first sentence of this paragraph.''.

(c) Scenic Byway Prohibition.-Such section is further amended by adding at the end the following new subsections:

``(s) Scenic Byway Prohibition.-If a State has a scenic byway program, the State may not allow the erection along any highway on the Interstate System or Federalaid primary system which before, on, or after the effective date of this subsection, is designated as a scenic byway under such program of any sign, display, or device which is not in conformance with subsection (c) of this section. Control of any sign, display, or device on such a highway shall be in accordance with this section.

``(t) Primary System Defined.-For purposes of this section, the terms `primary system' and `Federalaid primary system' mean the Federalaid primary system in existence on June 1, 1991, and any highway which is not on such system but which is on the National Highway System.''.

(d) State Compliance Laws.-The amendments made by this section shall not affect the status or validity of any existing compliance law or regulation adopted by a State pursuant to section 131 of title 23, United States Code.

SEC. 1047. SCENIC BYWAYS PROGRAM.

(a) Scenic Byways Advisory Committee.-

(1) Establishment.-Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish in the Department of Transportation an advisory committee to assist the Secretary with respect to establishment of a national scenic byways program under title 23, United States Code.

(2) Membership.-The advisory committee established under this section shall be composed of 17 members as follows:

(A) The Administrator of the Federal Highway Administration or the designee of the Administrator who shall serve as chairman of the advisory committee.

(B) The Chief of the Forest Service of the Department of Agriculture or the designee of the Chief.

(C) The Director of the National Park Service of the Department of the Interior or the designee of the Director.

(D) The Director of the Bureau of Land Management of the Department of the Interior or the designee of the Director.

(E) The Under Secretary for Travel and Tourism of the Department of Commerce or the designee of the Under Secretary.

(F) The Assistant Secretary for Indian Affairs of the Department of the Interior or the designee of the Assistant Secretary.

(G) 1 individual appointed by the Secretary who is specially qualified to represent the interests of conservationists on the advisory committee.

(H) 1 individual appointed by the Secretary of Transportation who ~~~is ~~~specially ~~~qualified ~~~to ~~~represent ~~~the ~~~interests _of recreational users of scenic byways on the advisory committee.

(I) 1 individual appointed by the Secretary who is specially qualified to represent the interests of the tourism industry on the advisory committee.

(J) 1 individual appointed by the Secretary who is specially qualified to represent the interests of historic preservationists on the advisory committee.

(K) 1 individual appointed by the Secretary who is specially qualified to represent the interests of highway users on the advisory committee.

(L) 1 individual appointed by the Secretary to represent State highway and transportation officials.

(M) 1 individual appointed by the Secretary to represent local highway and transportation officials.

(N) 1 individual appointed by the Secretary who is specially qualified to serve on the advisory committee as a planner.

(O) 1 individual appointed by the Secretary who is specially qualified to represent the motoring public.

(P) 1 individual appointed by the Secretary who is specially qualified to represent groups interested in scenic preservation.

(Q) 1 individual appointed by the Secretary who represents the outdoor advertising industry.

Individuals appointed as members of the advisory committee under subparagraphs (G) through (P) may be State and local government officials. Members shall serve without compensation other than for reasonable expenses incident to functions of the advisory committee.

(3) Functions.-The advisory committee established under this subsection shall develop and make to the Secretary recommendations regarding minimum criteria for use by State and Federal agencies in designating highways as scenic byways and as allAmerican roads for purposes of a national scenic byways program to be established under title 23, United States Code. Such recommendations shall include recommendations on the following:

(A) Consideration of the scenic beauty and historic significance of highways proposed for designation as scenic byways and allAmerican roads and the areas surrounding such highways.

(B) Operation and management standards for highways designated as scenic byways and allAmerican roads, including strategies for maintaining or improving the qualities for which a highway is designated as a scenic byway or allAmerican road, for protecting and enhancing the landscape and view corridors surrounding such a highway, and for minimizing traffic congestion on such a highway.

(C)(i) Standards for scenic bywayrelated signs, including those which identify highways as scenic byways and allAmerican roads.

(ii) The advisability of uniform signs identifying highways as components of the scenic byway system.

(D) Standards for maintaining highway safety on the scenic byway system.

(E) Design review procedures for location of highway facilities, landscaping, and travelers' facilities on the scenic byway system.

(F) Procedures for reviewing and terminating the designation of a highway designated as a scenic byway.

(G) Such other matters as the advisory committee may deem appropriate.

(H) Such other matters for which the Secretary may request recommendations.

(4) Report.-Not later than 18 months after the date of the enactment of this Act, the advisory committee established under this section shall submit to the Secretary and Congress a report containing the recommendations described in paragraph (3).

(b) Technical and Financial Assistance.-The Secretary shall provide technical assistance to the States (as such term is defined under section 101 of title 23, United States Code) and shall make grants to the States for the planning, design, and development of State scenic byway programs.

(c) Federal Share.-The Federal share payable for the costs of planning, design, and development of State scenic byway programs under this section shall be 80 percent.

(d) Funding.-There shall be available to the Secretary for carrying out this section (other than subsection (f)), out of the Highway Trust Fund (other than the Mass Transit Account), $1,000,000 for fiscal year 1992, $3,000,000 for fiscal year 1993, $4,000,000 for fiscal year 1994, and $14,000,000 for each of the fiscal years 1995, 1996, and 1997. Such sums shall remain available until expended.

(e) Contract Authority.-Notwithstanding any other provision of law, approval by the Secretary of a grant under this section shall be deemed a contractual obligation of the United States for payment of the Federal share of the cost of activities for which the grant is being made.

(f) Interim Scenic Byways Program.-

(1) Grant program.-During fiscal years 1992, 1993, and 1994, the Secretary may make grants to any State which has a scenic highway program for carrying out eligible projects on highways which the State has designated as scenic byways.

(2) Priority projects.-In making grants under paragraph (1), the Secretary shall give priority to-

(A) those eligible projects which are included in a corridor management plan for maintaining scenic, historic, recreational, cultural, and archeological characteristics of the corridor while providing for accommodation of increased tourism and development of related amenities;

(B) those eligible projects for which a strong local commitment is demonstrated for implementing the management plans and protecting the characteristics for which the highway is likely to be designated as a scenic byway;

(C) those eligible projects which are included in programs which can serve as models for other States to follow when establishing and designing scenic byways on an intrastate or interstate basis; and

(D) those eligible projects in multiState corridors where the States submit joint applications.

(3) Eligible projects.-The following are projects which are eligible for Federal assistance under this subsection:

(A) Planning, design, and development of State scenic byway programs.

(B) Making safety improvements to a highway designated as a scenic byway under this subsection to the extent such improvements are necessary to accommodate increased traffic, and changes in the types of vehicles using the highway, due to such designation.

(C) Construction along the highway of facilities for the use of pedestrians and bicyclists, rest areas, turnouts, highway shoulder improvements, passing lanes, overlooks, and interpretive facilities.

(D) Improvements to the highway which will enhance access to an area for the purpose of recreation, including waterrelated recreation.

(E) Protecting historical and cultural resources in areas adjacent to the highway.

(F) Developing and providing tourist information to the public, including interpretive information about the scenic byway.

(4) Federal share.-The Federal share payable for the costs of carrying out projects and developing programs under this subsection with funds made available pursuant to this subsection shall be 80 percent.

(5) Funding.-There shall be available to the Secretary for carrying out this subsection, out of the Highway Trust Fund (other than the Mass Transit Account), $10,000,000 for fiscal year~~~ 1992,~~~ $10,000,000~~~ for~~~ fiscal~~~ year~~~ 1993,~~~ and~~~ $10,000,000 for fiscal year 1994. Such sums shall remain available until _expended.

(g) Limitation.-The Secretary shall not make a grant under this section for any project which would not protect the scenic, historic, recreational, cultural, natural, and archeological integrity of the highway and adjacent area. The Secretary may not use more than 10 percent of the funds authorized for each fiscal year under subsection (f)(5) for removal of any outdoor advertising sign, display, or device.

(h) Treatment of Scenic Highways in Oregon.-For purposes of this section, a highway designated as a scenic highway in the State of Oregon shall be treated as a scenic byway.

SEC. 1048. BUY AMERICA.

(a) Inclusion of Iron.-Section 165(a) of the Surface Transportation Assistance Act of 1982 (23 U.S.C. 101 note) is amended by inserting ``, iron,'' after ``steel''.

(b) Waivers; Intentional Violations.-Section 165 of such Act is amended by adding at the end the following new subsections:

``(e) Report on Waivers.-By January 1, 1995, the Secretary shall submit to Congress a report on the purchases from foreign entities waived under subsection (b) in fiscal years 1992 and 1993, indicating the dollar value of items for which waivers were granted under subsection (b).

``(f) Intentional Violations.-If it has been determined by a court or Federal agency that any person intentionally-

``(1) affixed a label bearing a `Made in America' inscription, or any inscription with the same meaning, to any product used in projects to which this section applies, sold in or shipped to the United States that was not made in the United States; or

``(2) represented that any product used in projects to which this section applies, sold in or shipped to the United States that was not produced in the United States, was produced in the United States;

that person shall be ineligible to receive any contract or subcontract made with funds authorized under the Intermodal Surface Transportation Efficiency Act of 1991 pursuant to the debarment, suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations.

``(g) Limitation on Applicability of Waivers to Products Produced in Certain Foreign Countries.-If the Secretary, in consultation with the United States Trade Representative, determines that-

``(1) a foreign country is a party to an agreement with the United States and pursuant to that agreement the head of an agency of the United States has waived the requirements of this section, and

``(2) the foreign country has violated the terms of the agreement by discriminating against products covered by this section that are produced in the United States and are covered by the agreement,

the provisions of subsection (b) shall not apply to products produced in that foreign country.''.

SEC. 1049. DESIGN STANDARDS.

(a) Survey.-The Secretary shall conduct a survey to identify current State standards relating to geometric design, traffic control devices, roadside safety, safety appurtenance design, uniform traffic control devices, and sign legibility and directional clarity for all Federalaid highways. The purpose of the survey is to determine the necessity of upgrading such standards in order to enhance highway safety. In conducting the survey, the Secretary shall take into consideration posted speed limits as they relate to the design of the highway.

(b) Report.-Not later than 2 years after the date of the enactment of this Act, the Secretary shall transmit to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the survey conducted under this section, and on the crashworthiness of traffic lights, traffic signs, guardrails, impact attenuators, concrete barrier treatments, and breakaway utility poles for bridges and roadways currently used by States, together with any recommendations of the Secretary relating to the purpose of the survey.

SEC. 1050. TRANSPORTATION IN PARKLANDS.

(a) In General.-Not later than 12 months after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of the Interior, shall conduct and transmit to Congress a study of alternative transportation modes for use in the National Park System. In conducting such study, the Secretary shall consider (1) the economic and technical feasibility, environmental effects, projected costs and benefits as compared to the costs and benefits of existing transportation systems, and general suitability of transportation modes that would provide efficient and environmentally sound ingress to and egress from National Park lands; and (2) methods to obtain private capital for the construction of such transportation modes and related infrastructure.

(b) Funding.-From sums authorized to be appropriated for park roads and parkways for fiscal year 1992, $300,000 shall be available to carry out this section.

SEC. 1051. WORK ZONE SAFETY.

The Secretary shall develop and implement a work zone safety program which will improve work zone safety at highway construction sites by enhancing the quality and effectiveness of traffic control devices, safety appurtenances, traffic control plans, and bidding practices for traffic control devices and services.

SEC. 1052. NEW HAMPSHIRE FEDERALAID PAYBACK.

(a) Effect of Repayment.-The amount of all Federalaid highway funds paid on account of those completed sections of the NashuaHudson Circumferential in the State of New Hampshire referred to in subsection (c) of this section shall, prior to the collection of any tolls thereon, be repaid to the Treasurer of the United States before October 1, 1992. The amount so repaid shall be deposited to the credit of the appropriation for ``FederalAid Highway (Trust Fund)''. Such repayment shall be credited to the unprogrammed balance of funds apportioned to the State of New Hampshire in accordance with section 104(b)(1) of title 23, United States Code. The amount so credited shall be in addition to all other funds then apportioned to such State and shall remain available until expended.

(b) Use of Repaid Funds.-Upon repayment of Federalaid highway funds and the cancellation and withdrawal from the FederalAid Highway Program of the projects on the section in subsection (c) as provided in subsection (a) of this section, such section of this route shall become and be free of any and all restrictions contained in title 23, United States Code, as amended or supplemented, or in any regulation thereunder, with respect to the imposition and collection of tolls or other charges thereon or for the use thereof.

(c) Project Description.-The provisions of this section shall apply to the section of the completed NashuaHudson Circumferential between the Daniel Webster Highway in the city of Nashua and New Hampshire Route 3A in the town of Hudson.

SEC. 1053. METRIC SYSTEM SIGNING.

Section 144 of the FederalAid Highway Act of 1978 (92 Stat. 2713; 23 U.S.C. 109 note) is repealed.

SEC. 1054. TEMPORARY MATCHING FUND WAIVER.

(a) Waiver of Matching Share.-Notwithstanding any other provision of law, the Federal share of any qualifying project approved by the Secretary under title 23, United States Code, and of any qualifying project for which the United States becomes obligated to pay under title 23, United States Code, during the period beginning on Octo_ber 1, 1991, and ending September 30, 1993, shall be the percentage of the construction cost as the State requests, up to and including 100 percent.

(b) Repayment.-The total amount of increases in the Federal share made pursuant to subsection (a) for any State shall be repaid to the United States by the State on or before March 30, 1994. Payments shall be deposited in the Highway Trust Fund and repaid amounts shall be credited to the appropriate apportionment accounts of the State.

(c) Deduction From Apportionments.-If a State has not made the repayment as required by subsection (b), the Secretary shall deduct from funds apportioned to the State under title 23, United States Code, in each of the fiscal years 1995 and 1996, a pro rata share of each category of apportioned funds. The amount which shall be deducted in each fiscal year shall be equal to 50 percent of the amount needed for repayment. Any amount deducted under this subsection shall be reapportioned for fiscal years 1995 and 1996 in accordance with title 23, United States Code, to those States which have not received a higher Federal share under this section and to those States which have made the repayment required by subsection (b).

(d) Qualifying Project Defined.-For purposes of this section, the term ``qualifying project'' means a project approved by the Secretary after the effective date of this title, or a project for which the United States becomes obligated to pay after such effective date, and for which the Governor of the State submitting the project has certified, in accordance with regulations established by the Secretary, that sufficient funds are not available to pay the cost of the nonFederal share of the project.

SEC. 1055. RELOCATION ASSISTANCE REGULATIONS RELATING TO THE RURAL ELECTRIFICATION ADMINISTRATION.

Section 213(c) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4633(c)) is amended by inserting ``and the Rural Electrification Administration'' after ``Tennessee Valley Authority''.

SEC. 1056. USE OF HIGH OCCUPANCY VEHICLE LANES BY MOTORBIKES.

Section 163 of the Surface Transportation Assistance Act of 1982 (23 U.S.C. 146 note) is amended-

(1) by inserting before ``and acceptance'' the following: ``, after notice in the Federal Register and an opportunity for public comment,''; and

(2) by adding at the end the following: ``Any certification made before the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991 shall not be recognized by the Secretary until the Secretary publishes notice of such certification in the Federal Register and provides an opportunity for public comment on such certification.''.

SEC. 1057. EROSION CONTROL GUIDELINES.

(a) Development.-The Secretary shall develop erosion control guidelines for States to follow in carrying out construction projects funded in whole or in part under this title.

(b) More Stringent State Requirements.-Guidelines developed under subsection (a) shall not preempt any requirement made by or under State law if such requirement is more stringent than the guidelines.

(c) Consistency With Other Programs.-Guidelines developed under subsection (a) shall be consistent with nonpoint source management programs under section 319 of the Federal Water Pollution Control Act and coastal nonpoint pollution control guidance under section 6217(g) of the Omnibus Budget Reconciliation Act of 1990.

SEC. 1058. ROADSIDE BARRIER TECHNOLOGY.

(a) Requirement for Innovative Barriers.-Not less than 2\1/2\ percent of the mileage of new or replacement permanent median barriers included in awarded contracts along Federalaid highways within the boundaries of a State in each calendar year shall be innovative safety barriers.

(b) Certification.-Each State shall annually certify to the Secretary its compliance with the requirements of this section.

(c) Definition of Innovative Safety Barrier.-For purposes of this section, the term ``innovative safety barrier'' means a median barrier, other than a guardrail, classified by the Federal Highway Administration as ``experimental'' or that was classified as ``operational'' after January 1, 1985.

SEC. 1059. USE OF TOURIST ORIENTED DIRECTIONAL SIGNS.

(a) In General.-The Secretary shall encourage the States to provide for equitable participation in the use of tourist oriented directional signs or ``logo'' signs along the Interstate System and the Federalaid primary system (as defined under section 131(t) of title 23, United States Code).

(b) Study.-Not later than 1 year after the effective date of this title, the Secretary shall conduct a study and report to Congress on the participation in the use of signs referred to in subsection (a) and the practices of the States with respect to the use of such signs.

SEC. 1060. PRIVATE SECTOR INVOLVEMENT PROGRAM.

(a) Establishment.-The Secretary shall establish a private sector involvement program to encourage States to contract with private firms for engineering and design services in carrying out Federalaid highway projects when it would be cost effective.

(b) Grants to States.-

(1) In general.-In conducting the program under this section, the Secretary may make grants in each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997 to not less than 3 States which the Secretary determines have implemented in the fiscal year preceding the fiscal year of the grant the most effective programs for increasing the percentage of funds expended for contracting with private firms (including small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals) for engineering and design services in carrying out Federalaid highway projects.

(2) Use of grants.-A grant received by a State under this subsection may be used by the State only for awarding contracts for engineering and design services to carry out projects and activities for which Federal funds may be obligated under title 23, United States Code.

(3) Funding.-There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 1992 through 1997. Such sums shall remain available until expended.

(c) Report by FHWA.-Not later than 120 days after the date of the enactment of this Act, the Administrator of the Federal Highway Administration shall submit to the Secretary a report on the amount of funds expended by each State in fiscal years 1980 through 1990 on contracts with private sector engineering and design firms in carrying out Federalaid highway projects. The Secretary shall use information in the report to evaluate State engineering and design programs for the purpose of awarding grants under subsection (b).

(d) Report to Congress.-Not later than 2 years after the date of the enactment of this Act, the Secretary shall transmit to Congress a report on implementation of the program established under this section.

(e) Engineering and Design Services Defined.-The term ``engineering and design services'' means any category of service described in section 112(b) of title 23, United States Code.

(f) Regulations.-Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue regulations to carry out this section.

SEC. 1061. UNIFORM TRAFFIC CONTROL DEVICES.

(a) Highway Project.-The Secretary shall carry out a highway project in the State of Arkansas to demonstrate the benefits of providing training to county and town traffic officials in the need for and application of uniform traffic control devices and to demonstrate the safety benefits of providing for adequate and safe warning and regulatory signs.

(b) Authorization of Appropriations From Highway Trust Funds.-There is authorized to be appropriated out of the Highway Trust Fund, other than the Mass Transit Account, for fiscal year 1992 to carry out this section-

(1) $200,000 for providing training; and

(2) $1,000,000 for providing warning and regulatory signs to counties, towns and cities.

Amounts provided under paragraph (2) shall be divided equally between counties with a total county population of 20,000 or less and counties with a total county population of more than 20,000. Such amounts shall be distributed fairly and equitably among counties, cities, and towns within those counties.

(c) Applicability of Title 23.-Funds authorized by this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of the project under this section shall be 80 percent and such funds shall remain available until expended. Funds made available under this section shall not be subject to any obligation limitation.

(d) Report.-Not later than 2 years after the date of the enactment of this Act, the Secretary shall transmit a report to Congress on the effectiveness of the project carried out under this section.

SEC. 1062. MOLLY ANN'S BROOK, NEW JERSEY.

The Secretary shall carry out a project to make modifications to bridges necessary for the Secretary of the Army to carry out a project for flood control, Molly Ann's Brook, New Jersey, authorized by section 401 of the Water Resources Development Act of 1986 (100 Stat. 4119). Any Federal expenditures under this part for such project shall be treated as part of the nonFederal share of the cost of such flood control project.

SEC. 1063. PRESIDENTIAL HIGHWAY, FULTON COUNTY, GEORGIA.

(a) General Rule.-Notwithstanding any other provision of law, the Secretary shall approve the construction of the Department of Transportation project MEACUm9152(2) in Fulton County, Georgia, as described in the legal settlement agreed to for the project by the Georgia Department of Transportation, the city of Atlanta, and CAUTION, Inc. Execution of the settlement agreement by those parties and approval of the settlement agreement by the DeKalb County, Georgia Superior Court shall be deemed to constitute full compliance with all Federal laws applicable to carrying out the project.

(b) Limitations on Federal Funding.-With the exception of Federal funds expended for construction of the project described in subsection (a) and with the exception of Federal funds appropriated or authorized for the acquisition, creation, or development of parks or battlefield sites, no further Federal funds, including funds from the Highway Trust Fund and funds appropriated for the Federalaid highway systems, shall be authorized, appropriated, or expended for expanding the capacity of the project described in subsection (a) or for new construction of a Federalaid highway in any portion of rightsofway previously acquired for Department of Transportation project MEACUm9152(2) which is not used for construction of such project as described in subsection (a) and in any portion of the rightsofway previously acquired for Georgia project Im485m1(46) in Fulton County, Georgia; Georgia project Um061m1(14) in Fulton and DeKalb Counties, Georgia; and Georgia project Fm056m1(12) in Fulton County, Georgia.

(c) Limitation on Effect.-In the event that the settlement agreement referred to in subsection (a) is not executed by the parties or approved by the DeKalb County, Georgia Superior Court in Case No. 88m6429m3, this section shall have no force or effect.

SEC. 1064. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

(a) In General.-The Secretary shall carry out a program for construction of ferry boats and ferry terminal facilities in accordance with section 129(c) of title 23, United States Code.

(b) Federal Share.-The Federal share payable for construction of ferry boats and ferry terminal facilities under this section shall be 80 percent of the cost thereof.

(c) Funding.-There shall be available, out of the Highway Trust Fund (other than the Mass Transit Account), to the Secretary for obligation at the discretion of the Secretary $14,000,000 for fiscal year 1992, $17,000,000 per fiscal year for each of fiscal years 1993, 1994, 1995, and 1996, and $18,000,000 for fiscal year 1997 in carrying out this section. Such sums shall remain available until expended.

(d) Applicability of Title 23.-All provisions of chapter 1 of title 23, United States Code, that are applicable to the National Highway System, other than provisions relating to apportionment formula and Federal share, shall apply to funds made available to carry out this section, except as determined by the Secretary to be inconsistent with this section.

(e) Treatment of Certain Roads.-For purposes of this section, North Carolina State Routes 12, 45, 306, 615, and 168 and United States Route 421 in the State of North Carolina shall be treated as principal arterials.

SEC. 1065. ORANGE COUNTY TOLL PILOT PROJECTS.

(a) Exemption of Certain Lands.-For the purposes of any approval by the Secretary of proposed highway improvements authorized by section 129(d)(3) of title 23, United States Code, in Orange County, California, pursuant to section 303 of title 49, United States Code, and section 138 of title 23, United States Code, those sections (collectively known as ``section 4(f)'') shall not be applicable to public park, recreation area, wildlife and waterfowl refuge (collectively referred to hereinafter in this section as ``parkland'')-

(1) that are acquired by a public entity after a governmental agency's approval of a State or Federal environmental document established the location of a highway adjacent to the parklands; or

(2) where the planning or acquisition documents for the parklands specifically referred to or reserved the specific location of the highway.

(b) Applicability.-Without limiting its prospective application, this section shall apply to any approval of the proposed highway improvements by the Secretary prior to the effective date of this section only if-

(1) the approximately 360 acres comprising the proposed Upper Peters Canyon Regional Park in Orange County, California, is conveyed to a public agency for use as public park and recreation land or a wildlife or waterfowl refuge, or both, within 90 days of such effective date;

(2) the approximately 100 acres of lands described as the Dedication Area in that certain Option Agreement dated April 16, 1991, by and between the city of Laguna Beach and the owner thereof is conveyed to a public agency for use as public park and recreation land for a wildlife or waterfowl refuge, or both, within 90 days of such effective date.

(c) Purpose.-This section is adopted in recognition of unique circumstances in Orange County, California, including a comprehensive land use planning process; the joint planning of thousands of acres of parklands with the locations of the proposed highway improvement; the provision of rightsofway for high occupancy vehicle lanes and fixed rail transit in the 3 transportation corridors; the use of toll financing, which will discourage excessive automobile travel; and the inclusion of a countywide growth management element and substantial local transit funding commitment in the county's voterapproved supplemental sales tax for transportation.

(d) Limitations on Statutory Construction.-In no event shall this section be construed to apply to any other highway projects other than the proposed San Joaquin Hills, Foothill, and Eastern Transportation Corridor highways in Orange County, California. Nothing in this section is intended to waive any provision of law (including the National Environmental Policy Act, the Endangered Species Act, and the National Historic Preservation Act) other than the specific exemptions to section 303 of title 49 and section 138 of title 23, United States Code. Nothing in this section shall be construed to give effect to or approve regulations issued pursuant to section 4(f) and published in the Federal Register on April 1, 1991 (56 Federal Register 62).

SEC. 1066. RECODIFICATION.

The Secretary shall, by October 1, 1993, prepare a proposed recodification of title 23, United States Code, and related laws and submit the proposed recodification to Congress for consideration.

SEC. 1067. PRIOR DEMONSTRATION PROJECTS.

(a) Tampa, Florida.-The unobligated balance of funds provided under section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 for carrying out subsection (a)(81) of such section shall be available to the Secretary for carrying out a highway project to widen, modernize, and make safety improvements to interstate route Im4 in Hillsborough County, Florida, from its intersection with Im275 in Tampa, Florida, to the HillsboroughPolk County line.

(b) Santa Fe, New Mexico.-The unobligated balance of funds provided under section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 for carrying out subsection (a)(107) of such section shall be available to the Secretary for carrying out a highway project to construct a bypass for Santa Fe, New Mexico.

(c) Larkspur to Korbel, California.-The unobligated balance of funds provided under section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 for carrying out subsection (a)(41)(B) of such section shall be available to the Secretary for carrying out a highway project to construct a transportation corridor along a rightofway which is parallel to Route 101 in California and connects Larkspur, California, and Korbel, California.

(d) Passaic and Bergen Counties, New Jersey.-The highway project authorized by section 149(a)(1) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 181), shall include improvements to New Jersey State Route 21, the Crooks Avenue interchange between United States Route 46 and New Jersey State Route 20, and the United States Route 46 bridge over the Passaic River between Clifton and Elmwood Park, New Jersey. Notwithstanding any other provision of law, the Governor of the State of New Jersey shall carry out with respect to the construction of such highway project all of the responsibilities of the Secretary under title 23, United States Code, and all other provisions of law. To provide for expedited completion of the project, the Governor is authorized to waive any and all Federal requirements relating to the scheduling of activities associated with such highway project, including final design and rightofway acquisition activities.

SEC. 1068. STORMWATER PERMIT REQUIREMENTS.

(a) General Rule.-Notwithstanding the requirements of sections 402(p)(2) (B), (C), and (D) of the Federal Water Pollution Control Act, permit application deadlines for stormwater discharges associated with industrial activities from facilities that are owned or operated by a municipality shall be established by the Administrator of the Environmental Protection Agency (hereinafter in this section referred to as the ``Administrator'') pursuant to the requirements of this section.

(b) Permit Applications.-

(1) Individual applications.-The Administrator shall require individual permit applications for discharges described in subsection (a) on or before October 1, 1992; except that any municipality that has participated in a timely part I group application for an industrial activity discharging stormwater that is denied such participation in a group application or for which a group application is denied shall not be required to submit an individual application until the 180th day following the date on which the denial is made.

(2) Group applications.-With respect to group applications for permits for discharges described in subsection (a), the Administrator shall require-

(A) part I applications on or before September 30, 1991, except that any municipality with a population of less than 250,000 shall not be required to submit a part I application before May 18, 1992; and

(B) part II applications on or before October 1, 1992, except that any municipality with a population of less than 250,000 shall not be required to submit a part II application before May 17, 1993.

(c) Municipalities With Less Than 100,000 Population.-The Administrator shall not require any municipality with a population of less than 100,000 to apply for or obtain a permit for any stormwater discharge associated with an industrial activity other than an airport, powerplant, or uncontrolled sanitary landfill owned or operated by such municipality before October 1, 1992, unless such permit is required by section 402(p)(2) (A) or (E) of the Federal Water Pollution Control Act.

(d) Uncontrolled Sanitary Landfill Defined.-For the purposes of this section, the term ``uncontrolled sanitary landfill'' means a landfill or open dump, whether in operation or closed, that does not meet the requirements for runon and runoff controls established pursuant to subtitle D of the Solid Waste Disposal Act.

(e) Limitation on Statutory Construction.-Nothing in this section shall be construed to affect any application or permit requirement, including any deadline, to apply for or obtain a permit for stormwater discharges subject to section 402(p)(2) (A) or (E) of the Federal Water Pollution Control Act.

(f) Regulations.-The Administrator shall issue final regulations with respect to general permits for stormwater discharges associated with industrial activity on or before February 1, 1992.

SEC. 1069. MISCELLANEOUS HIGHWAY PROJECT AUTHORIZATIONS.

(a) BaltimoreWashington Parkway.-There is authorized to be appropriated $74,000,000 for renovation and reconstruction of the BaltimoreWashington Parkway in Prince Georges County, Maryland. The Federal share of the cost of such project shall be 100 percent.

(b) Exit 26 Bridge.-There is authorized to be appropriated $22,400,000 for construction of the Exit 26 Bridge in Schenectady County, New York. The Federal share of the cost of such project shall be 80 percent.

(c) Cumberland Gap Tunnel.-There are authorized to be appropriated such sums as may be necessary to complete construction of the Cumberland Gap Tunnel, Kentucky, including associated approaches and other necessary road work. The Federal share of the cost of such project shall be 100 percent.

(d) Riverside Expressway.-There is authorized to be appropriated $53,400,000 for construction of the Riverside Expressway, including bridges crossing the Monongahela River and Buffalo Creek, in the vicinity of Fairmont, West Virginia. The Federal share of the cost of such project shall be 80 percent.

(e) Busway.-There is authorized to be appropriated $39,500,000 for design and construction of an exclusive busway linking Pittsburgh and Pittsburgh Airport. The Federal share of such project shall be 80 percent.

(f) Exton Bypass.-There is authorized to be appropriated $11,004,000 for construction of the Exton Bypass, in Exton, Pennsylvania. The Federal share of such project shall be 80 percent.

(g) Pennsylvania Route 33 Extension.-There is authorized to be appropriated $5,400,000 for extension of Route 33 in Northampton County, Pennsylvania. The Federal share of such project shall be 80 percent.

(h) U.S. Route 202.-There is authorized to be appropriated $4,500,000 for construction of U.S. Route 202. The Federal share of such project shall be 80 percent.

(i) Woodrow Wilson Bridge.-There is authorized to be appropriated $15,000,000 for rehabilitation of the Woodrow Wilson Bridge. The Federal share of such project shall be 100 percent.

(j) Warren Outerbelt Improvement, Warren, Ohio.-There is authorized to be appropriated $1,000,000 for design and construction of Warren Outerbelt improvements, Warren, Ohio. The Federal share of such project shall be 80 percent.

(k) Ohio State Route 46 Improvements.-There is authorized to be appropriated $2,000,000 for design and construction of Ohio State Route 46 improvements. The Federal share of such project shall be 80 percent.

(l) Ohio State Route 5 Improvements.-There is authorized to be appropriated $1,000,000 for design and construction of Ohio State Route 5 improvements. The Federal share of such project shall be 80 percent.

(m) U.S. Route 62 Improvements, Ohio.-There is authorized to be appropriated $1,000,000 for design and construction of U.S. Route 62 improvements, Ohio. The Federal share of such project shall be 80 percent.

(n) Ohio State Route 534 Improvements.-There is authorized to be appropriated $1,000,000 for design and construction of Ohio State Route 534 improvements. The Federal share of such project shall be 80 percent.

(o) Ohio State Route 45 Improvements.-There is authorized to be appropriated $1,000,000 for design and construction of Ohio State Route 45 improvements. The Federal share of such project shall be 80 percent.

(p) Route 120, Lock Haven, Pennsylvania.-There is authorized to be appropriated $4,000,000 for the widening of Route 120 and the removal of unstable rockfill area, Lock Haven, Pennsylvania. The Federal share of such project shall be 80 percent.

(q) Truss Bridge, Tioga River, Lawrenceville, Pennsylvania.-There is authorized to be appropriated $3,200,000 to replace the existing Truss Bridge across the Tioga River, in Lawrenceville, Pennsylvania. The Federal share of such project shall be 80 percent.

(r) U.S. Route 6, Bradford County, Pennsylvania.-There is authorized to be appropriated $3,000,000 for the widening of U.S. Route 6 (Wysox Narrows Road), in Bradford County, Pennsylvania. The Federal share of such project shall be 80 percent.

(s) Sebring/Mansfield Bypass, Pennsylvania.-There is authorized to be appropriated $4,800,000 for design and construction of the Sebring/Mansfield Bypass on U.S. 15, Pennsylvania. The Federal share of such project shall be 80 percent.

(t) Im5 Improvements.-The States of Oregon and Washington should give priority consideration to improvements on the Im5 Corridor. The Secretary shall give priority consideration to funding Im5 improvements in Oregon and Washington from section 118(c)(2) of title 23, United States Code, as amended by this Act. The Secretary shall give the highest priority to those Oregon projects identified in the State's transportation improvement plan.

(u) Route 219.-The Secretary shall designate Route 219 from the Maryland line to Buffalo, New York, as part of the National Highway System.

(v) Coalfields Expressway.-There is authorized to be appropriated such sums as may be necessary for design and construction of the project known as ``Coalfields Expressway'' from Beckley, West Virginia, to the West VirginiaVirginia State line, generally following the corridor defined by, but not necessarily limited to, Routes 54, 97, 10, 16, and 93. The Federal share of such project shall be 80 percent.

(w) United States Route 119.-There is authorized to be appropriated $70,000,000 for upgrading United States Route 119 to 4 lanes beginning west of Huddy, Kentucky. The Federal share of such project shall be 80 percent.

(x) Chambersburg, Pennsylvania.-Not later than 30 days after the date of the enactment of this Act, in Chambersburg, Pennsylvania, at both the intersection of Lincoln Way and Sixth Street and the intersection of Lincoln Way and Coldbrook Avenue, the Pennsylvania Department of Transportation shall include an exclusive pedestrian phase in the existing lighting sequence between the hours of 8:00 and 8:30 a.m. and between the hours of 2:45 and 3:45 p.m. on weekdays.

(y) Construction of and Improvements to the Appalachian Development Highway System.-There is authorized to be appropriated such sums as may be necessary for projects involving construction of, and improvements to, corridors of the Appalachian Development Highway System.

(z) United States Route 52 in West Virginia.-(1) There is authorized to be appropriated such sums as may be necessary for projects for the construction, renovation, and reconstruction of United States Route 52 in West Virginia.

(2) The Federal share payable on account of any such project shall be 80 percent of the cost thereof.

(aa) Route 219, New York.-(1) For the purpose of projects to improve and upgrade Route 219 in New York, from Springeville to the Pennsylvania border Route 219 shall be considered as eligible for funding under the Appalachian Development Highway System.

(2) For purposes of paragraph (1) there is authorized to be appropriated such sums as may be necessary. The Federal share payable on account of such project shall be 80 percent of the cost thereof.

(bb) Routes 5 and 92 Congestion Management Project.-There is authorized to be appropriated $20,000,000 to carry out a project to relieve congestion in the vicinity of the intersection of routes 5 and 92 in the Towns of Manlius, New York, and Dewitt, New York.

(cc) Rochester Advanced Traffic Management System.-There is authorized to be appropriated $15,000,000 to implement an integrated advanced traffic management/advanced driver information system in the city of Rochester, New York.

(dd) Rensselaer Access Project.-There is authorized to be appropriated $35,000,000 to construct a new interchange (Exit 8) on Interstate Route 90, which includes an accesscontrolled roadway, in Rensselaer County, New York.

(ee) Gowanus Expressway Corridor Improvements.-There is authorized to be appropriated $200,000,000 to carry out improvements to the Gowanus Expressway Corridor in Brooklyn, New York.

(ff) Im287 Cross Westchester Expressway High Occupancy Vehicle Lane Project.-There is authorized to be appropriated $200,000,000 to construct High Occupancy Vehicle Lanes on the Cross Westchester Expressway in Westchester County, New York.

(gg) Oak Point Link Freight Access Project.-There is authorized to be appropriated $150,000,000 to complete the construction of the Oak Point Link in the Harlem River in New York City, New York.

(hh) Operational Improvements, Franklin Delano Roosevelt Drive.-There is authorized to be appropriated $50,000,000 to carry out operational and safety improvements to the Franklin Delano Roosevelt Drive in New York City, New York.

SEC. 1070. MODIFICATIONS OF NIAGARA FALLS BRIDGE COMMISSION CHARTER.

(a) Payment of Costs.-

(1) In general.-Section 4 of the joint resolution entitled ``Joint resolution creating the Niagara Falls Bridge Commission and authorizing said Commission and its successors to construct, maintain, and operate a bridge across the Niagara River at or near the city of Niagara Falls, New York'', approved June 16, 1938, as amended (hereinafter in this section referred to as the ``Joint Resolution''), is amended to read as follows:

``Sec. 4. The Commission is authorized to issue its obligations to provide funds for the acquisition or construction of bridges (provided the same is authorized by Act or Joint Resolution of Congress of the United States), and the repair, renovation and expansion of the same, working capital and other expenditures and deposits convenient to carrying out the Commission's purposes. The terms of the obligations shall be determined by resolution of the Commission (subject to such agreements with bondholders as may then exist), including provisions regarding rates of interest (either fixed or variable), contracts for credit support, risk management, liquidity or other financial arrangements, security or provision for payment of the obligations and such contracts (including the general obligation of the Commission and the pledge of all or any particular revenues or proceeds of obligations of the Commission). The obligations shall be sold at public or private sale at such prices above or below par as the Commission shall determine. As used herein `bridges' includes approaches thereto, land, easements and functionally related appurtenances.''.

(2) Existing contractual rights.-The amendments made by paragraph (1) shall be subject to the contractual rights of the holders of any of the bonds of the Niagara Falls Bridge Commission which are outstanding as of the date of the enactment of this section.

(b) Repayments.-Section 5 of the Joint Resolution is amended-

(1) in the first sentence-

(A) by striking ``a fund'' and ``a sinking fund'' each place such terms appear and inserting ``funds'',

(B) by striking ``herein provided'' and inserting ``provided by resolution'',

(C) by striking ``bonds'' and inserting ``obligations,'', and

(D) by striking ``bridge'' and inserting ``bridges'' each place such term appears, and

(2) by striking the second and third sentences and inserting: ``After payment or provision for payment of the foregoing uses, the remainder of the tolls shall be applied, as and when the Commission determines, for purposes convenient to the accomplishment of its purposes.''.

(c) Treatment of Commission.-The last sentence of section 6 of the Joint Resolution is amended to read as follows: ``The Commission shall be deemed for purposes of all Federal law to be a public agency or public authority of the State of New York, notwithstanding any other provision of law.''.

(d) Administrative Provisions.-Section 8 of the Joint Resolution is amended in the second sentence thereof by striking out ``shall not be entitled to any compensation for their services but'' and inserting ``shall be entitled to reimbursement for actual expenses incurred in the performance of official duties and to a per diem allowance per member of $150 when rendering services as such member (but not exceeding $10,000 for any member in any fiscal year).''.

SEC. 1071. PEACE BRIDGE TRUCK INSPECTION FACILIITIES.

Notwithstanding any other provision of law, the Administrator of General Services shall lease truck inspection facilities for the Peace Bridge. Such facilities must be immediately adjacent to the intersection of Porter Avenue and the New York State Thruway in Buffalo, New York. Before leasing such facilities, the Administrator must be assured that the facilities will be offered at a fair market price and that the facilities chosen will be connected to the bridge by a secure access road. Provided that these conditions are met, the Administrator shall enter into the lease on or before April 30, 1992.

SEC. 1072. VEHICLE PROXIMITY ALERT SYSTEM.

The Secretary shall coordinate the field testing of the vehicle proximity alert system and comparable systems to determine their feasibility for use by priority vehicles as an effective railroadhighway grade crossing safety device. In the event the vehicle proximity alert or a comparable system proves to be technologically and economically feasible, the Secretary shall develop and implement appropriate programs under section 130 of title 23, United States Code, to provide for installation of such devices where _appropriate.

SEC. 1073. ROADSIDE BARRIERS AND SAFETY APPURTENANCES.

(a) Initiation of Rulemaking Proceeding.-Not later than 30 days after the date of the enactment of this Act, the Secretary shall initiate a rulemaking proceeding to revise the guidelines and establish standards for installation of roadside barriers and other safety appurtenances, including longitudinal barriers, end terminals, and crash cushions. Such rulemaking shall reflect stateoftheart designs, testing, and evaluation criteria contained in the National Cooperative Highway Research Program Report 230, relating to approval standards which provide an enhanced level of crashworthy performance to accommodate vans, minivans, pickup trucks, and 4wheel drive vehicles.

(b) Final Rule.-Not later than 1 year after the date of the enactment of this Act, the Secretary shall complete the rulemaking proceeding initiated under subsection (a), and issue a final rule regarding the implementation of revised guidelines and standards for _acceptable roadside barriers and other safety appurtenances, including longitudinal barriers, end terminals, and crash cushions. Such revised guidelines and standards shall accommodate vans, minivans, pickup trucks, and 4wheel drive vehicles and shall be applicable to the refurbishment and replacement of existing roadside barriers and safety appurtenances as well as to the installation of new roadside barriers and safety appurtenances.

SEC. 1074. DESIGNATION OF UNITED STATES ROUTE 69.

Notwithstanding any other provision of law, upon the request of the Oklahoma State highway agency, the Secretary shall designate the portion of United States Route 69 from the OklahomaTexas State line to Checotah in the State of Oklahoma as a part of the Interstate System pursuant to section 139 of title 23, United States Code.

SEC. 1075. SPECIAL PROVISIONS REGARDING CERTAIN HYDROELECTRIC PROJECTS.

(a) Brasfield Dam Project in Virginia.-(1) Notwithstanding section 13 of the Federal Power Act providing for the termination of a license issued by the Federal Energy Regulatory Commission (hereinafter in this subsection referred to as the ``Commission'') to the Appomattox River Water Authority (hereinafter in this subsection referred to as the ``Authority'') for the Brasfield Dam Hydroelectric Project (FERC Project No. 9840m001) on the Appomattox River in Chesterfield and Dinwiddie Counties, Virginia, and notwithstanding the prior surrender of such license by the Authority, the Commission shall reissue such license to the Authority, together with any amendments necessary and appropriate to carry out this subsection, and extend the period referred to in section 13 of that Act for a period ending 3 years after the enactment of this Act, subject to the requirements of this section and the provisions of Federal Power Act.

(2) During the 3year period referred to in paragraph (1), the Commission shall issue an order, at the request of the Authority, permitting the Authority to transfer the license for such project to another person designated by the Authority for the purpose of protecting the Authority from challenge in connection with its agreement of trust with the Crestar Bank or under any provision of law of the State of Virginia. Any such transfer shall occur at a time specified in the order which shall not be after the expiration of the 3year period referred to in paragraph (1).

(3) Any license transfer under this subsection shall require that the licensee shall be subject to, and comply with, the license and the provisions of the Federal Power Act, including the provisions of section 10 thereof (related to fish and wildlife) with respect to such project to the same extent and in the same manner as the Authority would be subject to such license and such Act in the absence of such transfer. Nothing in the transfer of such license shall affect the authority or power of the Commission under the license or under the Federal Power Act. Nothing in the Federal Power Act shall be construed as precluding a transfer of such license for the purposes specified in this section.

(4) Any license transfer under this subsection shall be subject to revocation, at the request of the Authority, to permit the Authority to surrender the license. No surrender of such license by the Authority (or by any other person) shall be effective until after-

(A) reasonable prior notice (as determined by the Commission),

(B) completion of project construction, including the installation of any facilities for the protection, mitigation, and _enhancement of fish and wildlife required under the license (including facilities required by the State fish and wildlife agency); and

(C) delivery to the Commission of a statement certified by the Board of the Authority that the terms of any actual or proposed Commission order with respect to the Brasfield Dam Hydroelectric Project would cause the Authority to act in violation of its Charter or be inconsistent with its bond indentures.

The Commission shall accept the surrender of such license and establish conditions applicable to such license surrender which require the removal of hydroelectric power generation facilities, require that the licensee provide assurances satisfactory to the Commission that, following surrender of the license, the Brasfield Dam will be subject to State laws regarding fish and wildlife and dam safety and require that such surrender will not impose any duty, liability or obligation on the part of any department, agency, or instrumentality of the United States. Nothing in this section shall affect the application of the River and Harbor Act of 1894 (33 U.S.C. Sec. 1).

(b) Projects Nos. 3033, 3034, and 3246.-(1) Notwithstanding the time limitations of section 13 of the Federal Power Act (16 U.S.C. 806), the Federal Energy Regulatory Commission, upon the request of the licensees for Federal Energy Regulatory Commission Projects Nos. 3033, 3034, and 3246 (and after reasonable notice), is authorized, in accordance with the good faith, due diligence, and public interest requirements of such section and the Commission's procedures under such section, to extend-

(A) until August 10, 1994, the time required for the licensee to acquire the required real property and commence the construction of Project No. 3033, and until August 10, 1999, the time required for completion of construction of the project;

(B) until August 10, 1996, the time required for the licensee to acquire the required real property and commence the construction of Project No. 3034, and until August 10, 2001, the time required for completion of construction of the project; and

(C) until October 15, 1995, the time required for the licensee to acquire the required real property and commence the construction of Project No. 3246, and until October 15, 1999, the time required for completion of construction of the project.

(2) The authorization for issuing extensions under this subsection shall terminate 3 years after the date of enactment of this section.

(3) To facilitate requests under this subsection, the Commission may consolidate the requests.

(c) Union City, Michigan.-Notwithstanding section 23(b) or section 4(e) of the Federal Power Act, it shall not be unlawful for the municipality of Union City, Michigan, to operate, maintain, repair, reconstruct, replace, or modify-

(1) any dam which, as of the date of the enactment of this Act, is owned and operated by Union City, Michigan, and located across a segment of the St. Joseph River, in Branch County, Michigan, approximately 5 miles downstream from such municipality, or

(2) any water conduit, reservoir, power house, and other works incidental to such dam.

No license shall be required under part 1 of the Federal Power Act for the dam, water conduit, reservoir, power house, or other project works referred to in the preceding sentence and, subject to compliance with State laws, permission is hereby granted for such facilities to the same extent as in the case of facilities for which permission is granted under the last sentence of section 23(b) of that Act.

SEC. 1076. SHORELINE PROTECTION.

The project for shoreline protection, Atlantic Coast of New York City from Rockaway Inlet to Norton Point, authorized by section 501(a) of the Water Resources Development Act of 1986 (Public Law 99m662; 100 Stat. 4135), is modified to authorize the Secretary to construct the project at a total first cost of $69,200,000, based on the New York District Engineer's draft General Design Memorandum dated April 1991, with an estimated first Federal cost of $39,800,000 and an estimated nonFederal cost of $29,400,000, and an average annual cost of $580,000 for periodic nourishment over the life of the project, with an estimated annual Federal cost of $377,000 and an estimated annual nonFederal cost of $203,000. The Secretary shall proceed with the storm damage reduction measures as the first construction feature. The project is further modified to authorize the Secretary to relocate existing comfort and lifeguard stations at full Federal expense, provided such relocations are desired by the nonFederal sponsor. Operation and maintenance of the facilities after relocation will be a nonFederal responsibility. The cost of these relocations shall not be treated as a project cost for purposes of either economic evaluation or project costsharing of the project.

SEC. 1077. REVISION OF MANUAL.

Not later than 90 days after the date of the enactment of this Act, the Secretary shall revise the Manual of Uniform ~~~Traffic ~~~Control _Devices and such other regulations and agreements of the _Federal Highway Administration as may be necessary to authorize States and local governments, at their discretion, to install stop or yield signs at any railhighway grade crossing without automatic traffic control devices with 2 or more trains operating across the railhighway grade crossing per day.

SEC. 1078. DECLARATION OF NONNAVIGABILITY OF PORTION OF HUDSON RIVER, NEW YORK.

(a) Declaration of Nonnavigability.-Subject to subsections (c), (d), and (e), the area described in subsection (b) is declared to be nonnavigable waters of the United States.

(b) Area Subject to Declaration.-The area described in this subsection is the portion of the Hudson River, New York, described as follows (according to coordinates and bearings in the system used on the Borough Survey, Borough President's Office, New York, New York):

Beginning at a point in the United States Bulkhead Line approved by the Secretary of War, July 31, 1941, having a coordinate of north 1918.003 west 9806.753;

Running thence easterly, on the arc of a circle curving to the left, whose radial line bears north 3½m44¼m20" east, having a radius of 390.00 feet and a central angle of 22½m05¼m50", 150.41 feet to a point of tangency;

Thence north 71½m38¼m30" east, 42.70 feet;

Thence south 11½m05¼m40" east, 33.46 feet;

Thence south 78½m54¼m20" west, 0.50 feet;

Thence south 11½m05¼m40" east, 2.50 feet;

Thence north 78½m54¼m20" east, 0.50 feet;

Thence south 11½m05¼m40" east, 42.40 feet to a point of curvature;

Thence southerly, on the arc of a circle curving to the right, having a radius of 220.00 feet and a central angle of 16½m37¼m40", 63.85 feet to a point of compound curvature;

Thence still southerly, on the arc of a circle curving to the right, having a radius of 150.00 feet and a central angle of 38½m39¼m00", 101.19 feet to another point of compound curvature;

Thence westerly, on the arc of a circle curving to the right, having a radius of 172.05 feet and a central angle of 32½m32¼m03", 97.69 feet to a point of curve intersection;

Thence south 13½m16¼m57" east, 50.86 feet to a point of curve intersection;

Thence westerly, on the arc of a circle curving to the left, whose radial bears north 13½m16¼m57" west, having a radius of 6.00 feet and a central angle of 180½m32¼m31", 18.91 feet to a point of curve intersection;

Thence southerly, on the arc of a circle curving to the left, whose radial line bears north 75½m37¼m11" east, having a radius of 313.40 feet and a central angle of 4½m55¼m26", 26.93 feet to a point of curve intersection;

Thence south 70½m41¼m45" west, 36.60 feet;

Thence north 13½m45¼m00" west, 42.87 feet;

Thence south 76½m15¼m00" west, 15.00 feet;

Thence south 13½m45¼m00" east, 44.33 feet;

Thence south 70½m41¼m45" west, 128.09 feet to a point in the United States Pierhead Line approved by the Secretary of War, 1936;

Thence north 63½m08¼m48" west, along the United States Pierhead Line approved by the Secretary of War, 1936, 114.45 feet to an angle point therein;

Thence north 61½m08¼m00" west, still along the United States Pierhead Line approved by the Secretary of War, 1936, 202.53 feet;

The following three courses being along the lines of George Soilan Park as shown on map prepared by The City of New York, adopted by the Board of Estimate, November 13, 1981, Acc. N½ 30071 and lines of property leased to Battery Park City Authority and B. P. C. Development Corp;

Thence north 77½m35¼m20" east, 231.35 feet;

Thence north 12½m24¼m40" west, 33.92 feet;

Thence north 54½m49¼m00" east, 171.52 feet to a point in the United States Bulkhead Line approved by the Secretary of War, July 31, 1941;

Thence north 12½m24¼m40" west, along the United States Bulkhead Line approved by the Secretary of War, July 31, 1941, 62.26 feet to the point or place of beginning;

(c) Determination of Public Interest.-The declaration made in subsection (a) shall not take effect if the Secretary of the Army (acting through the Chief of Engineers), using reasonable discretion, finds that the proposed project is not in the public interest-

(1) before the date which is 120 days after the date of the submission to the Secretary of appropriate plans for the proposed project; and

(2) after consultation with local and regional public officials (including local and regional public planning organizations).

(d) Limitation on Applicability of Declaration.-

(1) Affected area.-The declaration made in subsection (a) shall apply only to those portions of the area described in subsection (b) which are or will be occupied by permanent structures (including docking facilities) comprising the proposed project.

(2) Application of other laws.-Notwithstanding subsection (a), all activities conducted in the area described in subsection (b) are subject to all Federal laws which apply to such activities, including-

(A) sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401, 403), commonly known as the River and Harbors Appropriation Act of 1899;

(B) section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1254); and

(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(e) Expiration Date.-The declaration made in subsection (a) shall expire-

(1) on the date which is 6 years after the date of the enactment of this Act if work on the proposed project to be performed in the area described in subsection (b) is not commenced before such date; or

(2) on the date which is 20 years after the date of the enactment of this Act for any portion of the area described in subsection (b) which on such date is not bulkheaded, filled, or occupied by a permanent structure (including docking facilities).

(f) Proposed Project Defined.-For the purposes of this section, the term ``proposed project'' means any project for the rehabilitation and development of-

(1) the structure located in the area described in subsection (b), commonly referred to as Pier A; and

(2) the area surrounding such structure.

SEC. 1079. CLEVELAND HARBOR, OHIO.

(a) Deauthorization of Portion of Project for Harbor Modification.-That portion described in subsection (b) of the project for harbor modification, Cleveland Harbor, Ohio, authorized by section 202(a) of the Water Resources Development Act of 1986 (100 Stat. 4095), is not authorized after the date of the enactment of this Act.

(b) Area Subject to Deauthorization.-The portion of the project for harbor modification, Cleveland Harbor, Ohio, described in this subsection is that portion situated in the City of Cleveland, Cuyahoga County, and State of Ohio, T7N, R13W and being more fully described as follows:

Beginning at an iron pin monument at the intersection of the centerline of East 9th Street (99 feet wide) with the centerline of relocated Erieside Avenue N.E. (70 ft. wide);

Thence south 50½m06¼m52" west on the centerline of relocated Erieside Avenue N.E. a distance of 112.89 feet to a point;

Thence southwesterly continuing on the centerline of relocated Erieside Avenue N.E. along the arc of a curve to the left, with a radius of 300.00 feet and whose chord bears south 42½m36¼m52" west 140.07 feet, an arc distance of 141.37 feet to a point;

Thence north 60½m53¼m08" west a distance of 35.00 feet to a point on the northwesterly rightofway line of relocated Erieside Avenue N.E;

Thence south 29½m06¼m52" west on the northwesterly rightofway line of relocated Erieside Avenue N.E. a distance of 44.36 feet to a point;

Thence north 33½m53¼m08" west a distance of 158.35 feet to a point;

Thence south 56½m06¼m52" west a distance of 76.00 feet to a point;

Thence north 78½m53¼m08" west a distance of 18.39 feet to a point;

Thence north 33½m53¼m08" west a distance of 33.50 feet to a point, said point being the true place of beginning of the parcel herein described;

Thence south 56½m06¼m52" west a distance of 84.85 feet to a point;

Thence north 33½m53¼m08" west a distance of 137.28 feet to a point;

Thence north 11½m06¼m52" east a distance of 225.00 feet to a point;

Thence south 78½m53¼m08" east a distance of 160.00 feet to a point;

Thence south 11½m06¼m52" west a distance of 46.16 feet to a point;

Thence south 56½m06¼m52" west a distance of 28.28 feet to a point;

Thence south 11½m06¼m52" west a distance of 89.70 feet to a point;

Thence south 33½m53¼m08" east a distance of 28.28 feet to a point;

Thence south 11½m06¼m52" west a distance of 83.29 feet to a point;

Thence south 56½m06¼m52" west a distance of 4.14 feet to a true place of beginning containing 42,646 square feet more or less;

(c) Reimbursement Not Required.-The Ohio Department of Natural Resources shall not be required to reimburse the Federal Government any portion of the credit received by the nonFederal project sponsor as provided for in Public Law 100m202 (101 Stat. 1329m108).

(d) Area To Be Declared Nonnavigable; Public Interest.-Unless the Secretary of the Army finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the boundaries in the portions of Cleveland Harbor, Ohio, described below, are not in the public interest then, subject to subsections (e) and (f) of this section, those portions of such Harbor, bounded and described as follows, are declared to be nonnavigable waters of the United States:

Situated in the City of Cleveland, Cuyahoga County and State of Ohio, T7N, R13W and being more fully described as follows:

Beginning at an iron pin monument at the intersection of the centerline of East 9th Street (99 feet wide) with the centerline of relocated Erieside Avenue, N.E., (70 feet wide) at Cleveland Regional Geodetic Survey Grid System, (CRGS) coordinates N92,679.734, E86,085.955;

Thence south 56½m06¼m52¼¼ west on the centerline of relocated Erieside Avenue, N.E., a distance of 89.50 feet to a drill hole set;

Thence north 33½m53¼m08¼¼ west a distance of 35.00 feet to a drill hole set on the northwesterly rightofway line of relocated Erieside Avenue, N.E., said point being the true place of beginning of the parcel herein described;

Thence south 56½m06¼m52¼¼ west on the northwesterly rightofway line of relocated Erieside Avenue, N.E., a distance of 23.39 feet to a \5/8\ inch rebar set;

Thence southwesterly on the northwesterly rightofway line of relocated Erieside Avenue, N.E., along the arc of a curve to the left with a radius of 335.00 feet, and whose chord bears south 42½m36¼m52¼¼ west 156.41 feet, an arc distance of 157.87 feet to a \5/8\ inch rebar set;

Thence south 29½m06¼m52¼¼ west on the northwesterly rightofway line of relocated Erieside Avenue, N.E., a distance of 119.39 feet to a \5/8\ inch rebar set;

Thence southwesterly on the northwesterly rightofway of relocated Erieside Avenue, N.E., along the arc of a curve to the right with a radius of 665.00 feet, and whose chord bears south 32½m22¼m08¼¼ west 75.50 feet, an arc distance of 75.54 feet to a \5/8\ inch rebar set;

Thence north 33½m53¼m08¼¼ west a distance of 279.31 feet to a drill hole set;

Thence south 56½m06¼m52¼¼ west a distance of 37.89 feet to a drill hole set;

Thence north 33½m53¼m08¼¼ west a distance of 127.28 feet to a point;

Thence north 11½m06¼m52¼¼ east a distance of 225.00 feet to a point;

Thence south 78½m53¼m08¼¼ east a distance of 150.00 feet to a drill hole set;

Thence north 11½m06¼m52¼¼ east a distance of 32.99 feet to a drill hole set;

Thence north 33½m53¼m08¼¼ east a distance of 46.96 feet to a drill hole set;

Thence north 56½m06¼m52¼¼ east a distance of 140.36 feet to a drill hole set on the southwesterly rightofway line of East 9th Street;

Thence south 33½m53¼m08¼¼ east on the southwesterly rightofway line of East 9th Street a distance of 368.79 feet to a drill hole set;

Thence southwesterly along the arc of a curve to the right with a radius of 40.00 feet, and whose chord bears south 11½m06¼m52¼¼ west 56.57 feet, an arc distance of 62.83 feet to the true place of beginning containing 174,764 square feet (4.012 acres) more or less.

(e) Limits on Applicability; Regulatory Requirements.-The declaration under subsection (d) shall apply only to those parts of the areas described in subsection (d) which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities. All such work is subject to all applicable Federal statutes and regulations, including sections 9 and 10 of the Act of March 3, 1899 (30 Stat. 1151; 33 U.S.C. 401 and 403), commonly known as the River and Harbors Appropriation Act of 1899, section 404 of the Federal Water Pollution Control Act, and the National Environmental Policy Act of 1969.

(f) Expiration Date.-If, 20 years from the date of the enactment of this Act, any area or part thereof described in subsection (d) is not bulkheaded or filled or occupied by permanent structures, including marina facilities, in accordance with the requirements set out in subsection (e) of this section, or if work in connection with any activity permitted in subsection (e) is not commenced within 5 years after issuance of such permit, then the declaration of nonnavigability for such area or part thereof shall expire.

SEC. 1080. DEAUTHORIZATION OF A PORTION OF THE CANAVERAL HARBOR, FLORIDA, PROJECT.

The following portion of the project for navigation, Canaveral Harbor, Florida, authorized by the River and Harbor Act of 1945, as modified by the River and Harbor Act of 1962 (Public Law 87m874), shall not be authorized after the date of the enactment of this Act:

Begin at the northwesterly corner of the west turning basin, Federal navigation project, Canaveral Harbor, Brevard County, Florida, having a northing of 1,483,798.695 and an easting of 619,159.191 (Florida east zone, State plane transverse mercator standard conical projections) and being depicted on the Department of the Army, Jacksonville District, Corps of Engineers `Construction Dredging 31 Foot Project', D.O. File No. 11m34, 465 sheet 35, dated October 1984; thence south 0½m18¼m51¼¼ east, along said westerly boundary, a distance of 1320.00 feet; thence north 89½m41¼m09¼¼ east, a distance of 1095.00 feet; thence north 62½m35¼m15¼¼ west, a distance of 551.30 feet; thence north 56½m56¼m18¼¼ east, a distance of 552.87 feet; thence south 89½m41¼m09¼¼ west, a distance of 1072.00 feet to the point of beginning (containing 21.43 acres, more or less).

SEC. 1081. INFRASTRUCTURE INVESTMENT COMMISSION.

(a) Establishment of Commission.-There is established a commission to be known as the ``Commission to Promote Investment in America's Infrastructure'' (hereinafter in this section referred to as the ``Commission'').

(b) Function of Commission.-It shall be the function of the Commission to conduct a study on the feasibility and desirability of creating a type of infrastructure security to permit the investment of pension funds in funds used to design, plan, and construct infrastructure facilities in the United States. Such study may also include an examination of other methods of encouraging public and private investment in infrastructure facilities.

(c) Membership.-

(1) Number and appointment.-The Commission shall be composed of 7 members appointed as follows:

(A) 2 members appointed by the majority leader of the Senate.

(B) 2 members appointed by the Speaker of the House of Representatives.

(C) 1 member appointed by the President.

(D) 1 member appointed by the minority leader of the Senate.

(E) 1 member appointed by the minority leader of the House of Representatives.

(2) Qualifications.-Members of the Commission shall have appropriate backgrounds in finance, construction lending, actuarial disciplines, pensions, and infrastructure policy disciplines.

(3) Chairperson.-The Chairperson of the Commission shall be elected by the members.

(d) Pay and Travel Expenses.-Members shall serve without pay but shall be allowed travel expenses, including per diem in lieu of subsistence, while away from their homes or regular places of business in the performance of services for the Commission in the same manner as persons employed intermittently in the Government service are allowed under section 5703 of title 5, United States Code.

(e) Staff.-Subject to such rules as may be prescribed by the Commission, the Chairperson may-

(1) appoint and fix the pay of an executive director, a general counsel, and such additional staff as the Chairperson considers necessary, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the rate of pay for such staff members may not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code; and

(2) procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.

(f) Report.-Not later than 180 days after the date of the enactment of this Act, the Commission shall transmit to the President and Congress a report containing its findings and recommendations.

(g) Termination.-The Commission shall terminate on the 180th day following the date of the submission of its report under subsection (f).

SEC. 1082. DEAUTHORIZATION OF ACADEMY CREEK FEATURE OF THE BRUNSWICK HARBOR, GEORGIA, PROJECT.

The Academy Creek feature of the Brunswick Harbor, Georgia, project, authorized for construction by the River and Harbor Act of 1907 in accordance with House Document 407, 59th Congress, shall not be authorized after the date of the enactment of this Act.

SEC. 1083. NAMINGS.

(a) William H. Harsha Bridge.-The United States Route 68 bridge across the Ohio River between Aberdeen, Ohio, and Maysville, Kentucky, shall be known and designated as the ``William H. Harsha Bridge''.

(b) J. Clifford Naugle Bypass.-The highway bypass being constructed around the Borough of Ligonier in Westmoreland County, Pennsylvania, shall be known and designated as the ``J. Clifford Naugle Bypass''.

(c) Lindy Claiborne Boggs Lock and Dam.-

(1) Designation.-The lock and dam numbered 1 on the Red River Waterway in Louisiana shall be known and designated as the ``Lindy Claiborne Boggs Lock and Dam''.

(2) Reference.-Any reference in any law, regulation, document, record, map, or other paper of the United States to the lock and dam referred to in paragraph (1) shall be deemed to be a reference to the ``Lindy Boggs Lock and Dam''.

(d) Joseph Ralph Sasser Boat Ramp.-

(1) Designation.-The boat ramp constructed on the left bank of the Mississippi River at River Mile 752.5 at Shelby Forest in Shelby County, Tennessee, shall be known and designated as the ``Joseph Ralph Sasser Boat Ramp''.

(2) Legal reference.-A reference to any law, map, regulation, document, record, or other paper of the United States to such boat ramp shall be deemed to be a reference to the ``Joseph Ralph Sasser Boat Ramp''.

SEC. 1084. SIGNING OF UNITED STATES HIGHWAY 71.

The Arkansas State Highway and Transportation Department shall erect the signs along United States Highway 71 from the Im40 intersection to the MissouriArkansas State line which are required to be erected by the Arkansas State law designated as Act 6 of 1989.

SEC. 1085. CONTINUATION OF AUTHORIZATION FOR RHODE ISLAND NAVIGATION PROJECT.

(a) Continuation of Authorization.-Notwithstanding section 1001(a) of the Water Resources Development Act of 1986, the project for navigation, Providence, Rhode Island, authorized by section 1166(c) of the Water Resources Development Act of 1986, shall remain authorized to be carried out by the Secretary.

(b) Termination Date.-The project described in subsection (a) shall not be authorized for construction after the last day of the 5year period that begins on the date of the enactment of this Act unless, during this period, funds have been obligated for construction, including planning and design, of the project.

SEC. 1086. PENSACOLA, FLORIDA.

(a) Study.-The Secretary shall conduct a study of the feasibility of constructing, in accordance with standards applicable to Interstate System highways, a 4lane highway connecting Interstate Route 65 and Interstate Route 10 in the vicinity of Pensacola, Florida.

(b) Report.-Not later than 2 years after the date of the enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study conducted under this section, together with recommendations for the location of a corridor in which to construct the highway described in subsection (a).

SEC. 1087. INCLUSION OF CALHOUN COUNTY, MISSISSIPPI, IN APPALACHIA.

Section 403 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App. 403) is amended in the fifth undesignated paragraph of such section by inserting ``Calhoun,'' after ``Benton,''.

SEC. 1088. HANDICAPPED PARKING SYSTEM.

(a) Study.-The Secretary shall conduct a study of the progress being made by the States in adopting and implementing the uniform system for handicapped parking established in regulations issued by the Secretary pursuant to Public Law 100m641 (102 Stat. 3335).

(b) Report.-Not later than 2 years after the date of the enactment of this Act, the Secretary shall transmit a report to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives on the results of the study conducted under this section.

SEC. 1089. FEASIBILITY OF INTERNATIONAL BORDER HIGHWAY INFRASTRUCTURE DISCRETIONARY PROGRAM.

(a) Study.-The Secretary shall conduct a study of the advisability and feasibility of establishing an international border highway infrastructure discretionary program. The purpose of such a program would be to enable States and Federal agencies to construct, replace, and rehabilitate highway infrastructure facilities at international borders when such States, agencies, and the Secretary find that an international bridge or a reasonable segment of a major highway providing access to such a bridge (1) is important; (2) is unsafe because of structural deficiencies, physical deterioration, or functional obsolescence; (3) poses a safety hazard to highway users; (4) by its construction, replacement, or rehabilitation, would minimize disruptions, delays, and costs to users; or (5) by its construction, replacement, or rehabilitation, would provide more efficient routes for international trade and commerce.

(b) Report.-Not later than September 30, 1993, the Secretary shall transmit to Congress a report on the results of the study conducted under this section, together with any recommendations to the Secretary.

SEC. 1090. METHODS TO REDUCE TRAFFIC CONGESTION DURING CONSTRUCTION.

(a) Sense of Congress.-It is the sense of Congress that many highway projects are carried out in a way which unnecessarily disrupts traffic flow during construction and that methods need to be adopted to eliminate or reduce these disruptions.

(b) Study.-The Secretary shall conduct a study on methods of enhancing traffic flow and minimizing traffic congestion during construction of Federalaid highway projects and on costs associated with implementing such methods.

(c) Considerations.-In conducting the study under this section, the Secretary shall consider-

(1) the feasibility of carrying out construction of Federalaid highway projects during offpeak periods and limiting closure of highway lanes on Federalaid highways to portions of highways for which actual construction is in progress and for which safety concerns require closure; and

(2) the need for establishment and operation by each State of a tollfree telephone number to receive complaints and provide information regarding the status of construction on Federalaid highways in the State.

(d) Report.-Not later than September 30, 1992, the Secretary shall transmit to Congress a report on the results of the study conducted under this section, together with such recommendations as the Secretary considers appropriate.

SEC. 1091. STUDY OF VALUE ENGINEERING.

(a) Study.-The Secretary shall study the effectiveness and benefits of value engineering review programs applied to Federalaid highway projects. Such study shall include an analysis of and the results of specialized techniques utilized in all facets of highway construction for the purpose of reduction of costs and improvement of the overall quality of Federalaid highway projects.

(b) Report.-Not later than 1 year after the date of the enactment of this Act, the Secretary shall report to Congress on the results of the study under subsection (a), including recommendations on how value engineering could be utilized and improved in Federalaid highway projects.

SEC. 1092. PILOT PROGRAM FOR UNIFORM AUDIT PROCEDURES.

(a) Establishment.-The Secretary shall establish a pilot program under which any contract or subcontract awarded in accordance with section 112(b)(2)(A) of title 23, United States Code, shall be performed and audited in compliance with cost principles contained in the Federal acquisition regulations of part 31 of title 48 of the Code of Federal Regulations. The pilot program under this section shall include participation of not more than 10 States.

(b) Indirect Cost Rates.-In lieu of performing their own audits, the States participating in the pilot program shall accept indirect cost rates established in accordance with the Federal acquisition regulations for 1year applicable accounting periods by a cognizant government agency or audited by an independent certified public accountant, if such rates are not currently under dispute. Once a firm's indirect cost rates are accepted, all the recipients of such funds shall apply such rates for the purposes of contract estimation, negotiation, administration, reporting, and contract payment and shall not be limited by administrative or defacto ceilings in accordance with section 15.901(c) of such title 48. A recipient of such funds requesting or using the cost and rate data described in this subsection shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to any other firm or to any government agency which is not part of the group of agencies sharing cost data under this subsection, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances.

(c) Report.-Each State participating in the pilot program shall report to the Secretary not later than 3 years after the date of the enactment of this Act on the results of the program.

SEC. 1093. RENTAL RATES.

Within 1 year after the date of the enactment of this Act, the Comptroller General shall complete a study on equipment rental rates for use in reimbursing contractors for extra work on Federalaid projects. Such study shall include an analysis of the reasonableness of currently accepted equipment rental costs, adequacy of adjustments for regional or climactic differences, adequacy of consideration of mobilization costs, loss of time and productivity attendant to shortterm usage of equipment, and approvals of rental rate costs by the Federal Highway Administration.

SEC. 1094. STUDY ON STATE COMPLIANCE WITH REQUIREMENTS FOR REVOCATION AND SUSPENSION OF DRIVERS' LICENSES.

(a) Study.-The Secretary shall conduct a study of State efforts to comply with the provisions of section 333 of the Department of Transportation and Related Agencies Appropriations Acts, 1991 and 1992, relating to revocation and suspension of drivers' licenses.

(b) Report.-Not later than December 31, 1992, the Secretary shall transmit to Congress a report on the results of the study conducted under this section.

SEC. 1095. BROOKLYN COURTHOUSE.

The Administrator of the General Services Administration is authorized to enter into a lease with the United States Postal Service for space to house the Federal Courts and related Federal agencies in Brooklyn, New York. The Administrator is further authorized-

(1) to advance the amount provided in the fiscal year 1992 Treasury, Postal Service, and General Government Appropriation Act to the Postal Service to expedite the start of construction; and

(2) to transfer the present Emanuel Celler Federal Building and Courthouse in Brooklyn to the Postal Service.

SEC. 1096. BORDER STATION INTERNATIONAL FALLS, MINNESOTA.

The Administrator of the General Services Administration is authorized to provide for the construction of a 9,000 occupiable square foot border station at International Falls, Minnesota, at a total estimated cost of $2,480,000, in accordance with an amended prospectus submitted by the General Services Administration to the Senate Committee on Environment and Public Works on June 19, 1991.

SEC. 1097. MILLER HIGHWAY.

The Secretary shall deem the independent proposals to construct a new highway facility in the Route 9A corridor between the Battery and 59th Street, and to relocate the existing Miller Highway facility, between 59th Street and 72nd Street, on the west side of Manhattan, New York, New York, to be separate and distinct projects for the purposes of compliance with any applicable Federal laws.

SEC. 1098. ALLOCATION FORMULA STUDY.

(a) The General Accounting Office in conjunction with the Bureau of Transportation Statistics created pursuant to title VI of this Act, shall conduct a thorough study and recommend to the Congress within 2 years after the date of the enactment of this Act a fair and equitable apportionment formula for the allocation of Federalaid highway funds that best directs highway funds to the places of greatest need for highway maintenance and enhancement based on the extent of these highway systems, their present use, and increases in their use.

(b) The results of this study shall be presented to the Senate Committee on Environment and Public Works and the House Committee on Public Works and Transportation on or before January 1, 1994, and shall be considered by these committees as they reauthorize the surface transportation program in 1996.

SEC. 1099. ESTABLISHMENT OF INTERSTATE STUDY COMMISSION.

For the National Capital Region, comprised of the Washington, D.C., Metropolitan Statistical Area, a commission is established to recommend new mechanisms, authority, and/or agreements to fund, develop, and manage the transportation system of the National Capital Region, and primarily focusing on interstate highway and bridge systems. The commission shall develop its recommendations consistent with the transportation planning requirements for metropolitan areas as contained elsewhere in this bill. The study commission shall report to the Congress, the Department of Transportation, the Governors of Maryland and Virginia, the Mayor of the District of Columbia, and the National Capital Region Transportation Planning Board, the designated Metropolitan Planning Organization (MPO) for the Washington metropolitan area, no later than 12 months from the date of passage of this legislation. Representatives on the commission shall include a Member of Congress from each of Maryland, Virginia, and the District of Columbia; the Governors of Maryland and Virginia and the Mayor of the District of Columbia; 1 local elected official from each State and the District of Columbia appointed by the National Capital Region Transportation Planning Board; 3 private sector representatives appointed by the Governors and the Mayor; and the commission chairman to be appointed by the Secretary of Transportation. There is authorized to be appropriated for the purposes of carrying out this section such sums as may be necessary for the commission to carry out its functions.

SEC. 1100. EFFECTIVE DATE; APPLICABILITY; CERTAIN UNOBLIGATED BALANCES.

(a) General Rule.-This title, including the amendments made by this title, shall take effect on the date of the enactment of this Act.

(b) Applicability.-The amendments made by this title shall apply to funds authorized to be appropriated or made available after September 30, 1991, and, except as otherwise provided in subsection (c), shall not apply to funds appropriated or made available on or before September 30, 1991.

(c) Unobligated Balances.-

(1) In general.-Unobligated balances of funds apportioned to a State under sections 104(b)(1), 104(b)(2), 104(b)(5)(B), and 104(b)(6) of title 23, United States Code, before October 1, 1991, shall be available for obligation in that State under the law, regulations, policies and procedures relating to the obligation and expenditure of those funds in effect on September 30, 1991.

(2) Transferability.-

(A) Primary system.-A State may transfer unobligated balances of funds apportioned to the State for the Federalaid primary system before October 1, 1991, to the apportionment to such State under section 104(b)(1) or 104(b)(3) of title 23, United States Code, or both.

(B) Secondary and urban system.-A State may transfer unobligated balances of funds apportioned to the State for the Federalaid secondary system or the Federalaid urban system before October 1, 1991, to the apportionment to such State under section 104(b)(3) of such title.

(C) Applicability of certain laws, regulations, policies, and procedures.-Funds transferred under this paragraph shall be subject to the laws, regulations, policies, and procedures relating to the apportionment to which they are transferred.

SEC. 1101m1102. STUDY ON IMPACT OF CLIMATIC CONDITIONS.

(a) Study.-The Secretary shall conduct a study of the effects of climatic conditions on the costs of highway construction and maintenance. The study shall take into account such climatic conditions as freezing, thawing, and precipitation and the impact of climatic conditions on increased highway design costs and decreased highway service life in the various regions of the United States.

(b) Report.-Not later than September 30, 1993, the Secretary shall transmit to Congress a report on the results of the study conducted under this section, together with such recommendations as the Secretary considers appropriate. The report shall include a description of the implications of the differing costs on the allocation of highway funds to the States.

SEC. 1103. HIGH COST BRIDGE PROJECTS.

(a) Purpose.-The purpose of this section is to provide funds to accelerate construction of high cost bridge projects.

(b) Authorization of Projects.-The Secretary is authorized to carry out the high cost of bridge projects described in this subsection. Subject to subsection (c), there is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for fiscal years 1992 through 1997 to carry out each such project the amount listed for each such project:

* * * TABLE START * * *

@h1@h1@h1CITY/STATE@h1HIGH COST BRIDGES@h1AMOUNT in millions

....... 1........ @lDelaware, Oklahoma ....... @lConstruction of a replacement bridge on U.S. Rt. 59 over Grand Lake in Delaware, Oklahoma ....... 9.7

....... 2........ @lEugene, Oregon ....... @lConstruction of the Ferry Street Bridge ....... 23.7

....... 3........ @lBeaver County, Pennsylvania....... @lConstruction of Aliquippa Ambridge Bridge of Beaver County, Pennsylvania ....... 25.0

....... 4........ @lArkansas ....... @lFor an expanded study of environmental impact and geo technical information for ArkansasMississippi Great River Bridge ....... 0.8

....... 5........ @xlGloucester Point, Virginia ....... @lProvide for additional crossing capacity of the York River....... 11.8

....... 6........ @lSan Francisco, California ....... @lFor preliminary work associated with the seismic upgrading of the Golden Gate Bridge in San Francisco, California ....... 5.9

....... 7........ @lCape May & Atlantic Counties, New Jersey ....... @lReplace critically important bridge between Ocean City and Longport, New Jersey ....... 18.4

....... 8........ @lOhio ....... @lConduct environmental and feasibility studies for the construction of a bridge or tunnel across the Maumee River in the vicinity of an existing left span bridge ....... 1.0

....... 9........ @lMaine ....... @lDonald B. Carter Memorial Bridge ....... 32.1

....... 10........ @lShakopee, Minnesota....... @lBloomington Ferry Bridge replacement, Shakopee, Minnesota ....... 22.0

....... 11........ @lCharleston, South Carolina ....... @lHighway 17 Bridge replacement projects: Cooper River, Charleston, South Carolina ....... 14.2

....... 12........ @lFt. Lauderdale, Florida....... @l17th Street Causeway Tunnel/Bridge replacement, Ft. Lauderdale, Florida ....... 13.6

....... 13........ @lMaryland ....... @lWoodrow Wilson Bridge rehabilitation ....... 29.6

....... 14........ @lNew York ....... @lMacomb Dam Bridge, Manhattan Bridge Rehabilitation Project, Queensboro Bridge-Rehabilitation of Main Span, Williamsburg Bridge Rehabilitation Project, Brooklyn Bridge Rehabilitation ....... 74.0

....... 15........ @lMiami, Florida ....... @lComplete construction of Dodge Island Bridge ....... 3.4

* * * TABLE END * * *

(c) Allocation Percentages.-8 percent of the amount allocated by subsection (b) for each project authorized by subsection (b) shall be available for obligation in fiscal year 1992. 18.4 percent of such amount shall be available for obligation in each of fiscal years 1993, 1994, 1995, 1996, and 1997.

(d) Federal Share.-The Federal share payable on account of any project under this section shall be 80 percent of the cost thereof.

(e) Delegation to States.-Subject to the provisions of title 23, United States Code, the Secretary shall delegate responsibility for construction of a project or projects under this section to the State in which such project or projects are located upon request of such State.

(f) Advance Construction.-When a State which has been delegated responsibility for construction of a project under this section-

(1) has obligated all funds allocated under this section for construction of such project; and

(2) proceeds to construct such project without the aid of Federal funds in accordance with all procedures and all requirements applicable to such project, except insofar as such procedures and requirements limit the State to the construction of projects with the aid of Federal funds previously allocated to it;

the Secretary, upon the approval of the application of a State, shall pay to the State the Federal share of the cost of construction of the project when additional funds are allocated for such project under this section.

(g) Applicability of Title 23.-Funds authorized by this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of any project under this section shall be determined in accordance with this section and such funds shall remain available until expended. Funds authorized by this section shall not be subject to any obligation limitation.

SEC. 1104. CONGESTION RELIEF PROJECTS.

(a) Purpose.-The purpose of this section is to improve methods of congestion relief.

(b) Authorization of Projects.-The Secretary is authorized to carry out the congestion relief projects described in this subsection. Subject to subsection (c), there is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for fiscal years 1992 through 1997 to carry out each such project the amount listed for each such project:

* * * TABLE START * * *

@h1@h1@h1CITY/STATE@h1CONGESTION RELIEF@h1AMOUNT in millions

....... 1........ @lLong Beach, California....... @lConstruction of HOV Lanes on Im710....... 7.4

....... 2........ @lPhiladelphia, Pennsylvania ....... @lProject to Construct BridgePratt Terminal as part of an Im95 reconstruction mitigation project....... 34.5

....... 3........ @lDavidsonWilliamson County, Tennessee ....... @lStudy and construction of the DavidsonWilliamson Bike Path....... 1.0

....... 4........ @lEast St. Louis, Illinois to St. Louis, Missouri ....... @lTo conduct a study to determine the feasibility of a bridge between East St. Louis, Illinois and St. Louis, Missouri....... 1.4

....... 5........ @lSt. Louis, Missouri....... @lRelocation of Lindbergh Boulevard and Interstate 70 at St. Louis Lambert Airport....... 14.8

....... 6........ @lDistrict of Columbia....... @lPrimary Intermodal System, Washington, D.C........ 6.8

....... 7........ @lBuffalo, New York....... @lConstruction of Peace Bridge truck inspection facility....... 19.5

....... 8........ @lNashua, New Hampshire ....... @lNashua River Bridge, Nashua, New Hampshire-Construction of second bridge....... 1.2

....... 9........ @lLas Vegas, Nevada....... @lReconstruct and upgrade Im15/U.S. 95 (Spaghetti Bowl)....... 45.0

....... 10........ @lSan Diego, California....... @lConstruct 1 block of Cut and Cover Tunnel on Rt. 15 in downtown San Diego, California....... 5.0

....... 11........ @lLos Angeles, California....... @lTo extend Im110 North from its current terminus at Im10 into downtown Los Angeles via Central City West Area in Los Angeles, California....... 10.1

....... 12........ @lNorth Dakota....... @lDesign and construct 7.5 mile bypass around Lincoln State Park....... 1.1

....... 13........ @lBabylon, New York....... @lConstruct turning lanes, sign upgrades, traffic signal interconnections and road repair and resurfacing....... 2.1

....... 14........ @lDixon, California....... @lTo improve 3 grade crossings in Dixon, California....... 1.8

....... 15........ @lFairfield, California....... @lTo construct 2 park & ride facilities, an information center and transfer hub for Im80 express and local bus service....... 7.7

....... 16........ @lSt. Louis, Missouri....... @lFeasibility study for interchange improvements for Im255 at Rt. 231, St. Louis, Missouri....... 0.1

....... 17........ @lMurfreesbro, Tennessee....... @lConduct a feasibility study of constructing a bicycle system as an alternative form of commuter transportation, air pollution reduction, and enhance recreation....... 0.4

....... 18........ @lLong Island, New York....... @lTo make improvements on the Van Wyck Expressway to improve traffic flow, Long Island, New York....... 3.6

....... 19........ @lFox River Valley, Illinois ....... @lStudy, plan and construct up to 8 bridges across the Fox River....... 8.3

....... 20........ @lPrince George's County, Maryland ....... @lTo rehabilitate the BaltimoreWashington Parkway in Prince George's County, Maryland....... 16.3

....... 21........ @lToledo, Ohio....... @lConduct study of possible safety and traffic delay improvement benefits in 6 corridors....... 0.24

....... 22........ @lBoston, Massachusetts....... @lTo plan and construct a bicycle and pedestrian path connecting Arlington, Cambridge and Boston, Massachusetts....... 1.2

....... 23........ @lTucson, Arizona....... @lTo make interchange improvements at Oracle and Orange Grove Roads in Tucson, Arizona....... 3.9

....... 24........ @lVictorville, California....... @lConstruct interchange 1 mile north of Palmdale Road on Im15....... 2.7

....... 25........ @lPalm Beach, Florida....... @lAcquire rightofway and construct and widen to 4 lanes 19 mile segment of U.S. 27....... 5.5

....... 26........ @lPennsylvania....... @lImprove River Street, Towanda Borough and North Towanda Township to form highway bypass....... 8.8

....... 27........ @lMaine....... @lTopshamBrunswick Bypass....... 10.5

....... 28........ @lRankin County, Mississippi....... @lEastMetro Center Access Road....... 4.6

....... 29........ @lKansas....... @lWest Leavenworth Trafficway Project, Leavenworth, Kansas....... 8.6

....... 30........ @lBroward County, Florida ....... @lHallandale Bridge Project, Broward County, Florida....... 8.5

....... 31........ @lIdaho....... @lAny of the Federalaid projects eligible for funding under title 23, United States Code, located in Bannock or Caribou County, shall be eligible for funding ....... 10.1

....... 32........ @lMichigan....... @lIm75/M57 Interchange improvement in the vicinity of Vienna Township, Michigan....... 8.9

....... 33........ @lPrince William County, Virginia....... @lIm95 HOV lane extension....... 13.5

....... 34........ @lSt. Thomas, Virgin Islands ....... @lConstruction of Raphune Hill Bypass, St. Thomas, Virgin Islands....... 18.4

....... 35........ @lMerrillville, Indiana....... @lConstruction of four lane road and overpass....... 1.8

....... 36........ @lMilwaukee and Waukesha Counties, Wisconsin ....... @lIm794 Bicycle Transportation Project in Milwaukee and Waukesha Counties, Wisconsin....... 1.5

....... 37........ @lRichmond, California....... @lIm80 Richmond Parkway Interchange....... 1.8

....... 38........ @lNew York, New York....... @lConstruction of Williamsburg to Holland Tunnel Bypass....... 3.6

....... 39........ @lLouisville, Kentucky....... @lWaterfront Development Roadway Improvements....... 4.7

....... 40........ @lSunnyvale, California....... @lHOV lane improvements on Lawrence Expressway....... 10.1

....... 41........ @lOhio....... @lConstruction of a bicycle/pedestrian facility from Greene County, Ohio, to Dayton, Ohio....... 3.0

....... 42........ @lJefferson County and Berkeley County, West Virginia....... @lImprovements of State Highway 9 from Martinsburg, West Virginia to Virginia State line....... 110.0

....... 43........ @lWest Virginia....... @lConstruction of the Coal Fields Expressway from Beckley, West Virginia to Virginia State line....... 50.0

....... 44........ @lMaine....... @lImprovements to the Carlton Bridge in BathWoolwich....... 10.0

* * * TABLE END * * *

(c) Allocation Percentages.-8 percent of the amount allocated by subsection (b) for each project authorized by subsection (b) shall be available for obligation in fiscal year 1992. 18.4 percent of such amount shall be available for obligation in each of fiscal years 1993, 1994, 1995, 1996, and 1997.

(d) Federal Share.-The Federal share payable on account of any project under this section shall be 80 percent of the cost thereof.

(e) Delegation to States.-Subject to the provisions of title 23, United States Code, the Secretary shall delegate responsibility for construction of a project or projects under this section to the State in which such project or projects are located upon request of such State.

(f) Advance Construction.-When a State which has been delegated responsibility for construction of a project under this _section-

(1) has obligated all funds allocated under this section for construction of such project; and

(2) proceeds to construct such project without the aid of Federal funds in accordance with all procedures and all requirements applicable to such project, except insofar as such procedures and requirements limit the State to the construction of projects with the aid of Federal funds previously allocated to it;

the Secretary, upon the approval of the application of a State, shall pay to the State the Federal share of the cost of construction of the project when additional funds are allocated for such project under this section.

(g) Applicability of Title 23.-Funds authorized by this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of any project under this section shall be determined in accordance with this section and such funds shall remain available until expended. Funds authorized by this section shall not be subject to any obligation limitation.

SEC. 1105. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.

(a) Findings.-The Congress finds that-

(1) the construction of the Interstate Highway System connected the major population centers of the Nation and greatly enhanced economic growth in the United States;

(2) many regions of the Nation are not now adequately served by the Interstate System or comparable highways and require further highway development in order to serve the travel and economic development needs of the region; and

(3) the development of transportation corridors is the most efficient and effective way of integrating regions and improving efficiency and safety of commerce and travel and further promoting economic development.

(b) Purpose.-It is the purpose of this section to identify highway corridors of national significance; to include those corridors on the National Highway System; to allow the Secretary, in cooperation with the States, to prepare longrange plans and feasibility studies for these corridors; to allow the States to give priority to funding the construction of these corridors; and to provide increased funding for segments~~~ of ~~~these ~~~corridors ~~~that ~~~have ~~~been ~~~identified ~~~for _construction.

(c) Identification of High Priority Corridors on National Highway System.-The following are high priority corridors on the National Highway System:

(1) NorthSouth Corridor from Kansas City, Missouri, to Shreveport, Louisiana.

(2) Avenue of the Saints Corridor from St. Louis, Missouri, to St. Paul, Minnesota.

(3) EastWest Transamerica Corridor.

(4) Hoosier Heartland Industrial Corridor from Lafayette, Indiana, to Toledo, Ohio.

(5) Im73/74 NorthSouth Corridor from Charleston, South Carolina, through WinstonSalem, North Carolina, to Portsmouth, Ohio, to Cincinnati, Ohio, and Detroit, Michigan.

(6) United States Route 80 Corridor from Meridian, Mississippi, to Savannah, Georgia.

(7) EastWest Corridor from Memphis, Tennessee, through Huntsville, Alabama, to Atlanta, Georgia, and Chattanooga, Tennessee.

(8) Highway 412 EastWest Corridor from Tulsa, Oklahoma, through Arkansas along United States Route 62/63/65 to Nashville, Tennessee.

(9) United States Route 220 and the Appalachian Thruway Corridor from Business 220 in Bedford, Pennsylvania, to the vicinity of Corning, New York.

(10) Appalachian Regional Corridor X.

(11) Appalachian Regional Corridor V.

(12) United States Route 25E Corridor from Corbin, Kentucky, to Morristown, Tennessee, via Cumberland Gap, to include that portion of Route 58 in Virginia which lies within the Cumberland Gap Historical Park.

(13) RaleighNorfolk Corridor, Raleigh, North Carolina, to Norfolk, Virginia.

(14) Heartland Expressway from Denver, Colorado, through Scottsbluff, Nebraska, to Rapid City, South Dakota.

(15) Urban Highway Corridor along Mm59 in Michigan.

(16) Economic Lifeline Corridor along Im15 and Im40 in California, Arizona, and Nevada.

(17) Route 29 Corridor from Greensboro, North Carolina, to the District of Columbia.

(18) Corridor from Indianapolis, Indiana, to Memphis, Tennessee, via Evansville, Indiana.

(19) United States Route 395 Corridor from the United StatesCanadian border to Reno, Nevada.

(20) United States Route 59 Corridor from Laredo, Texas, through Houston, Texas, to the vicinity of Texarkana, Texas.

(21) United States Route 219 Corridor from Buffalo, New York, to the intersection of United States Route 17 in the vicinity of Salamanca, New York.

(d) Inclusion on NHS.-The Secretary shall include all corridors identified in subsection (c) on the proposed National Highway System submitted to Congress under section 103(b)(3) of title 23, United States Code.

(e) Provisions Applicable to Corridors.-

(1) Longrange plan.-The Secretary, in cooperation with the affected State or States, may prepare a longrange plan for the upgrading of each corridor to the appropriate standard for highways on the National Highway System. Each such plan may include a plan for developing the corridor and a plan for financing the development.

(2) Feasibility studies.-The Secretary, in cooperation with the affected State or States, may prepare feasibility and design studies, as necessary, for those corridors for which such studies have not been prepared. A feasibility study may be conducted under this subsection with respect to the corridor described in subsection (c)(2), relating to Avenue of the Saints, to determine the feasibility of an adjunct to the Avenue of the Saints serving the southern St. Louis metropolitan area and connecting with Im55 in the vicinity of Route A in Jefferson County, Missouri.

(3) Certification acceptance.-The Secretary may discharge any of his responsibilities under title 23, United States Code, relative to projects on a corridor identified under subsection (c), upon the request of a State, by accepting a certification by the State in accordance with section 117 of such title.

(4) Acceleration of projects.-To the maximum extent feasible, the Secretary may use procedures for acceleration of projects in carrying out projects on corridors identified in subsection (c).

(f) High Priority Segments.-Highway segments of the corridors referred to in subsection (c) which are described in this subsection are high priority segments eligible for assistance under this section. Subject to subsection (g)(2), there is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for fiscal years 1992 through 1997 to carry out a project on each such segment the amount listed for each such segment:

* * * TABLE START * * *

@h1@h1@h1CITY/STATE@h1HIGH PRIORITY CORRIDORS@h1AMOUNT in millions

....... 1........ @lPennsylvania....... @lFor upgrading U.S. 220 High Priority and the Appalachian Thruway Corridor between State College and Im80....... 50.7

....... 2........ @l Alabama, Georgia, Mississippi, Tennessee ....... @lUpgrading of the EastWest Corridor along Rt. 72....... 25.4

....... 3........ @l Missouri....... @lImprovement of NorthSouth Corridor along Highway 71, Southwestern, MO....... 3.6

....... 4........ @l Arkansas....... @lFor construction of Highway 412 from Siloam Springs to Springdale, Arkansas as part of Highway 412 EastWest Corridor....... 34.0

....... 5........ @l Arkansas....... @lFor construction of Highway 412 from Harrison to Springdale, Arkansas as part of the Highway 412 EastWest Corridor....... 56.0

....... 6........ @l Pennsylvania....... @lTo improve U.S. 220 to a 4lane limited access highway from Bald Eagle northward to the intersection of U.S. 220 and U.S. 322....... 148.0

....... 7........ @l S. Dakota/Nebraska ....... @lConduct a feasibility study of expressway from Rapid City, S. Dakota to Scotts Bluff, Nebraska....... 0.64

....... 8........ @l Alabama....... @lConstruction of Appalachian Highway Corridor X from Corridor V near Fulton, Mississippi to U.S. 31 at Birmingham, Alabama as part of Appalachian Highway X Corridor Project....... 59.2

....... 9........ @l Alabama....... @lFor construction of a portion of Appalachian Development Corridor V from Mississippi State Line near Red Bay, Alabama to the Tennessee State Line north of Bridgeport, Alabama....... 25.4

....... 10........ @l West Virginia....... @lConstruction of Shawnee Project from 3Corner Junction to Im77 as part of Im73/74 Corridor project....... 4.5

....... 11........ @l West Virginia....... @lWidening U.S. Rt. 52 from Huntington to Williamson, W. Virginia as part of the Im73/74 Corridor project....... 100.0

....... 12........ @l West Virginia....... @lReplacement of U.S. Rt. 52 from Williamson, W. Virginia to Im77 as part of the Im73/74 Corridor project....... 14.0

....... 13........ @l North Carolina/Virginia....... @lFor Upgrading Im64 and Route 17 Virginia and constructing a new highway from Rocky Mount to Elizabeth City, North Carolina as part of the RaleighNorfolk High Priority Corridor Improvements....... 17.8

....... 14........ @l Arkansas....... @lConstruction of Highway 71 between Fayetteville and Alma, Arkansas as part of the NorthSouth High Priority Corridor....... 100.0

....... 15........ @l Arkansas/Texas....... @lFor construction of Highway 71 from Alma, Arkansas to Louisiana border....... 70.0

....... 16........ @l Michigan....... @lTo widen a 60 mile portion of highway Mm59 from MacComb County to Im96 in Howell County, Michigan....... 29.6

....... 17........ @l South Dakota, Colorado, Nebraska ....... @lTo improve the Heartland Expressway from Rapid City, South Dakota to Scotts Bluff, Nebraska....... 29.6

....... 18........ @l Indiana....... @lTo construct a 4lane highway from Lafayette to Ft. Wayne, Indiana, following existing Indiana 25 and U.S. 24....... 9.5

....... 19........ @l Ohio/Indiana ....... @lConduct feasibility and economic study to widen Rt. 24 from Ft. Wayne, Indiana to Toledo, Ohio as part of the Lafayette to Toledo Corridor....... 0.32

....... 20........ @l California, Nevada, Arizona ....... @lFor improvements on Im15 and Im40 in California, Nevada and Arizona ($10,500,000 of which shall be expended on the Nevada portion of the corridor, including the Im15/U.S. 95 interchange)....... 59.2

....... 21........ @l Louisiana....... @lTo improve the NorthSouth Corridor from Louisiana border to Shreveport, Louisiana....... 29.6

....... 22........ @l Missouri, Iowa, Minnesota....... @lFor improvements for Avenue of the Saints from St. Paul, Minnesota to St. Louis, Missouri....... 118.0

....... 24........ @l Various States....... @lIm66 Transamerica Highway Feasibility study....... 1.0

....... 25........ @lKentucky, Tennessee, Virginia ....... @lTo improve Cumberland Gap Tunnel and for various associated improvements as part of U.S. 25E Corridor, except that the allocation percentages under section 1105(g)(2) of this section shall not apply to this project after fiscal year 1992 ....... 72.4

....... 26........ @l Indiana, Kentucky, Tennessee ....... @lTo improve the Bloomington, Indiana, to Newberry, Indiana, segment of the Indianapolis, Indiana, to Memphis, Tennessee, high priority corridor....... 23.7

....... 27........ @l Washington....... @lFor improvements on the Washington State portion of the U.S. 395 corridor from the U.S.Canadian border to Reno, Nevada....... 54.5

....... 28........ @l Virginia....... @lConstruction of a bypass of Danville, Virginia, on Route 29 Corridor....... 17.0

....... 29........ @l Arkansas....... @lHighway 412 from Harrison to Mt. Home....... 20.0

....... 30........ @lNew York....... @lImprovements on Route 219 between Springville to Ellicottville in New York State....... 9.5

* * * TABLE END * * *

(g) Provisions Relating to High Priority Segments.-

(1) Detailed plans.-Each State in which a priority segment identified under subsection (f) is located may prepare a detailed plan for completion of construction of such segment and for financing such construction.

(2) Allocation percentages.-8 percent of the amount allocated by subsection (f) for each high priority segment authorized by subsection (f) shall be available for obligation in fiscal year 1992. 18.4 percent of such amount shall be available for obligation in each of fiscal years 1993, 1994, 1995, 1996, and 1997.

(3) Federal share.-The Federal share payable on account of any project under subsection (f) shall be 80 percent of the cost thereof.

(4) Delegation to states.-Subject to the provisions of title 23, United States Code, the Secretary may delegate responsibility for construction of a project or projects under subsection (f) to the State in which such project or projects are located upon request of such State.

(5) Advance construction.-When a State which has been delegated responsibility for construction of a project under this subsection-

(A) has obligated all funds allocated under this subsection for construction of such project; and

(B) proceeds to construct such project without the aid of Federal funds in accordance with all procedures and all requirements applicable to such project, except insofar as such procedures and requirements limit the State to the construction of projects with the aid of Federal funds previously allocated to it;

the Secretary, upon the approval of the application of a State, shall pay to the State the Federal share of the cost of construction of the project when additional funds are allocated for such project under this subsection.

(6) Applicability of title 23.-Funds authorized by subsection (f) and subsection (h) shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of any project under subsection (f) shall be determined in accordance with this subsection and such funds shall remain available until expended. Funds authorized by subsection (f) shall not be subject to any obligation limitation.

(7) State priority for high priority segments.-Section 105 of title 23, United States Code, as amended by this Act, is further amended by adding at the end the following new subsection:

``(k) Priority for High Priority Segments of Corridors of National Significance.-In selecting projects for inclusion in a program of projects under this section, the State may give priority to high priority segments of corridors identified under section 1105(f) of the Intermodal Surface Transportation Efficiency Act of 1991. In approving programs of projects under this section, the Secretary may give priority of approval to, and expedite construction of, projects to complete construction of such segments.''.

(8) Special Rule.-Amounts allocated by subsection (f) to the State of California for improvements on Im15 and Im40 shall not be subject to any State or local law relating to apportionment of funds available for the construction or improvement of highways.

(h) Authorization for Feasibility Studies.-There is authorized to be appropriated to the Secretary out of the Highway Trust Fund (other than the Mass Transit Account) $8,000,000 per fiscal year for each of the fiscal years 1992 through 1997 to carry out feasibility and design studies under subsection (e)(2).

(i) Revolving Loan Fund.-

(1) Establishment.-The Secretary may establish a Priority Corridor Revolving Loan Fund.

(2) Advances.-The Secretary shall make available as repayable advances amounts from the Revolving Loan Fund to States for planning and construction of corridors listed in subsection (c). In making such amounts available, the Secretary shall give priority to segments identified in subsection (f).

(3) Repayment of advances.-The amount of an advance to a State in a fiscal year under paragraph (2) may not exceed the amount of a State's estimated apportionments for the National Highway System for the 2 succeeding fiscal years. Advances shall be repaid (A) by reducing the State's National Highway System apportionment in each of the succeeding 3 fiscal years by \1/3\ of the amount of the advance, or (B) by direct repayment. Repayments shall be credited to the Pri_ority Corridor Revolving Loan Fund.

(4) Authorization.-There is authorized to be appropriated to the Secretary, out of the Highway Trust Fund (other than the Mass Transit Account), $40,000,000 per fiscal year for each of fiscal years 1993 through 1997 to carry out this subsection.

SEC. 1106. RURAL AND URBAN ACCESS PROJECTS.

(a) Rural Access Projects.-

(1) Purpose.-The purpose of this subsection is to provide funds for projects that ensure better rural access and that promote economic development in rural areas.

(2) Authorization of projects.-The Secretary is authorized to carry out rural access projects described in this paragraph. Subject to paragraph (3), there is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for fiscal years 1992 through 1997 to carry out each such project the amount listed for each such project:

* * * TABLE START * * *

@h1@h1@h1CITY/STATE @h1RURAL ACCESS @h1AMOUNT in millions

....... 1........ @lCadiz, Ohio ....... @lImprovements of Short Creek Highway from Cadiz, Ohio to Rayland, Ohio ....... 2.5

....... 2........ @lBoger City, North Carolina ....... @lConstruction of 4lane divided highway along Highway 321 to Boger City, NC to NC 127 South ....... 14.2

....... 3........ @lUtica, New York ....... @lImprovement of the Utica North/South Arterial ....... 9.9

....... 4........ @lOneida County, New York ....... @lUpgrade a highway to 4 lanes in Oneida County, New York ....... 8.0

....... 5........ @lSouthern, Oklahoma ....... @lWidening of U.S. 70 ....... 0.24

....... 6........ @lSouthern, Oklahoma ....... @lConstruction of a bridge and approaches at Pennington Creek, OK ....... 1.0

....... 7........ @lJohnsonburg, Pennsylvania ....... @lRelocation of a 2lane highway from Center Street to PA Rt. 255 along U.S. 219, Johnsonburg Bypass ....... 14.0

....... 8........ @lPennsylvania ....... @lConstruction of truck driving lanes and safety improvements on U.S. 219 between Im80 and the NY State Line ....... 26.0

....... 9........ @lEast St. Louis, Illinois ....... @lFeasibility study for 4lane Access Road to Jefferson Memorial Park ....... 0.24

....... 10........ @lIllinois ....... @lTo conduct an Environmental Impact Study & Design Study on a 58mile stretch of U.S. 67 corridor from Alton, IL to Jacksonville, IL ....... 2.5

....... 11........ @lVenice, Illinois ....... @lFor rehabilitation of McKinley Bridge near Venice, IL ....... 5.9

....... 12........ @lDecatur, Alabama ....... @lProject for replacement of Keller Memorial Bridge, Decatur, AL ....... 12.7

....... 13........ @lLenoir City, Tennessee ....... @lFeasibility Study on Fort Loudon Dam Bridge on U.S. Highway 231 in Lenoir City, TN ....... 0.5

....... 14........ @lBlount City, Tennessee ....... @lImprovement of U.S. Highway #411 in Monroe and Blount Counties, TN ....... 15.7

....... 15........ @lMissouri ....... @lFor improvements of Highway 60 in New Madrid, Stoddard, Carter and Butler Counties, MO ....... 21.7

....... 16........ @lSouthern, Missouri ....... @lImprovement of Rt. 65 through Greene, Christian and Taney Counties, MO ....... 14.1

....... 17........ @lLake Charles, Louisiana ....... @lConstruction of roads and bridge to provide access to Rose Bluff Industrial Area, Lake Charles, LA ....... 4.1

....... 18........ @lLouisiana ....... @lFor improvement and extension of Ambassador Caffery Parkway in Louisiana ....... 14.9

....... 19........ @lOhio ....... @lConstruction of U.S. Rt. 68 Bypass in Clark, Champaign and Logan Counties ....... 15.8

....... 20........ @lAliquippa, Pennsylvania ....... @lFor various 3R Projects in Aliquippa, PA ....... 12.8

....... 21........ @lRiverton, Kansas ....... @lConstruction of a new highway from Riverton, KS to Interstate 44 in Missouri ....... 13.1

....... 22........ @lNorth Minnesota ....... @lConstruction and reconstruction of Forest Highway 11 connecting AuroraHoyt Lakes and Silver Bay, MN ....... 9.5

....... 23........ @lRichfield, Minnesota ....... @l77th Street Reconstruction Project, Richfield, MN ....... 11.6

....... 24........ @lMississippi ....... @lImprovements on Highway 84 in Franklin and Lincoln Counties, MS ....... 9.5

....... 25........ @lMississippi ....... @lUpgrading of U.S. Highway 98 from County line of Pike and Waltham Counties, MS to Lamar County, MS ....... 0.4

....... 26........ @lMississippi ....... @lUpgrading Highway 61 from Natchez, MS to Louisiana State line ....... 0.35

....... 27........ @lMississippi ....... @lUpgrading Highway 84 from Brookhaven, MS to U.S. 49 in Collins, MS ....... 2.1

....... 28........ @lChattahoochee, Florida ....... @lConstruction of Mosquito Creek Bridge ....... 2.4

....... 29........ @lFlorida ....... @lTo upgrade State Rt. 71 from State Rt. 10 to State Rt. 8 ....... 2.9

....... 30........ @lFlorida ....... @lTo upgrade Florida State Rt. 267 from State Rt. 8 to State Rt. 10 ....... 4.7

....... 31........ @lIllinois ....... @lTollway feasibility study (East St. Louis to Carbondale, IL) ....... 0.32

....... 32........ @lMt. Vernon, Illinois ....... @lExtension of 34th Street from IL Rt. 15 to County Road 10 ....... 0.96

....... 33........ @lIllinois ....... @lReconstruction of Feather Trail Road from Ullin Road Interchange to Rt. 37, Pulaski County, IL ....... 1.1

....... 34........ @lIllinois ....... @lResurfacing IL Rt. 1 from CaveInRock to north of Omaha ....... 1.8

....... 35........ @lWilliamson County, Illinois ....... @lUpgrading IL Rt. 13 in Williamson County, IL ....... 7.8

....... 36........ @lSaline County, Illinois ....... @lFor improvements to Rt. 13 from WilliamsonSaline County line to Harrisburg, IL ....... 4.0

....... 37........ @lWinchester, New Hampshire ....... @lReplacement of Winchester Bridge, Winchester, NH ....... 0.8

....... 38........ @lHanover, New Hampshire ....... @lLedyard Bridge reconstruction ....... 7.8

....... 39........ @lAsheville, North Carolina ....... @lU.S. 19m23 improvement project, Asheville, NC ....... 11.1

....... 40........ @lNiles, Ohio ....... @lBelmont Street Bridge Replacement, Niles, OH ....... 1.2

....... 41........ @lStruthers, Ohio ....... @lBridge Street Bridge replacement, Struthers, OH ....... 1.2

....... 42........ @lNiles, Ohio ....... @lSouth Main Street Bridge replacement, Niles, OH ....... 2.5

....... 43........ @lSt. Joseph County, Michigan ....... @lU.S. 131, St. Joseph County, MI ....... 0.5

....... 44........ @lBerrien County, Michigan ....... @lU.S. 31 relocation, Berrien County, MI ....... 17.4

....... 45........ @lHolland, Michigan ....... @lU.S. 31 upgrade, Holland, Ottawa County, MI....... 1.3

....... 46........ @lNorth Carolina ....... @lIm85 Interchange improvement at State Route 1103 Granville County, NC ....... 1.7

....... 47........ @lManchester, New Hampshire ....... @lManchester Airport Road improvements ....... 4.0

....... 48........ @lNew Hampshire ....... @lWetlands mitigation package for New Hampshire Rt. 101/51 ....... 10.0

....... 49........ @lArkansas ....... @lTo improve U.S. 65 from Harrison, Arkansas to Missouri Line ....... 38.0

....... 50........ @lArkansas ....... @lTo improve Phoenix Avenue in the vicinity of the Ft. Smith Airport, Ft. Smith, Arkansas ....... 7.9

....... 51........ @lArkansas ....... @lTo study bypass alternatives for U.S. 71 in the vicinity of Bella Vista, Arkansas ....... 3.0

....... 52........ @lBedford Springs, Pennsylvania ....... @lTo construct an access road along Old U.S. 220 to the Springs Project and to construct other facilities to facilitate movement of traffic within the site and construction of a parking facility to be associated therewith ....... 19.7

....... 53........ @lDeValls Bluff, Arkansas ....... @lConstruction of a replacement bridge across the White River ....... 2.5

....... 54........ @lJonesboro, Arkansas ....... @lComplete construction of 3 interchanges on the Highway 63 Bypass at Jonesboro ....... 5.7

....... 55........ @lBrevard County, Florida ....... @lDesign and engineer improvements for State Rd. 3 between State Rd. 520 and State Rd. 528 ....... 0.16

....... 56........ @lLouisiana ....... @lFor construction of a new road from an area in the vicinity of Im55 to Alexandria, Louisiana ....... 1.7

....... 57........ @lBeaumont, Texas ....... @lWiden Highway FMm364 from a 2lane to a 4lane road ....... 10.4

....... 58........ @lFarmington Hills, Michigan ....... @lTo widen 12mile road corridor in the vicinity of Farmington Hills, Michigan ....... 2.5

....... 59........ @lLaredo, Texas ....... @lExpand capacity of 2lane highway, construct interchanges and connector highway ....... 7.4

....... 60........ @lMontewma, Colorado ....... @lUpgrade farm to market road serving Ute Indian Reservation ....... 2.9

....... 61........ @lLubbock, Texas ....... @lInitiate feasibility and route studies and preliminary engineering and design for highway to connect Lubbock with Interstate 20 ....... 2.9

....... 62........ @lRosenberg, Texas ....... @lTo purchase rightofway for Highway 36 Bypass West of Rosenberg, Texas ....... 0.9

....... 63........ @lAngleton, Texas ....... @lFor various activities associated with relocation of Highway 288 in vicinity of Angleton, Texas ....... 0.9

....... 64........ @lMentor, Ohio ....... @lFor construction of an interchange on State Rt. 615 at Im90 in Mentor, Ohio ....... 4.7

....... 65........ @lW. Central, Illinois ....... @lFor widening of U.S. 34 between Burlington, Iowa and Monmouth, Illinois ....... 1.9

....... 66........ @lIllinois ....... @lTo make improvements including construction of a bridge on U.S. 67 in NW Illinois ....... 2.4

....... 67........ @lMonongahela Valley, Pennsylvania ....... @lFor construction of southernmost extension of the Monongahela Expressway ....... 14.0

....... 68........ @lDauphin County, Pennsylvania ....... @lDesign, acquire rightofway and reconstruct 5.1 miles of 4lane divided highway from Dauphin Borough to Speeceville, Pennsylvania ....... 12.0

....... 69........ @lRutherford County, Tennessee ....... @lReplace existing bridge over the west fork of the Stone's River including a 5foot elevated walkway ....... 0.8

....... 70........ @lWayne County, New York ....... @lTo improve Rt. 104 from Furnace Road to Pound Road in the Wayne County Area of New York ....... 6.4

....... 71........ @lChautauqua County, New York ....... @lConstruct 2 additional expressway lanes from Chautauqua Lake Bridge to Pennsylvania Border ....... 17.0

....... 72........ @lNorth Carolina ....... @lTo reimburse the State of North Carolina for construction and repair of the Bonner Bridge, North Carolina ....... 3.0

....... 73........ @lNorth Carolina ....... @lConstruct interstate link between Im95 and Im40 in vicinity of Wilson and Goldsboro, North Carolina ....... 8.9

....... 74........ @lBossier City, Louisiana ....... @lTo study grade separations along 10 miles of KC Railroad along U.S. 71 ....... 0.16

....... 75........ @lPennsylvania ....... @lWiden 14mile segment of U.S. 15 from 2 to 4 lanes ....... 13.8

....... 76........ @lOverland Park, Kansas ....... @lIm435 Interchange Project ....... 4.1

....... 77........ @lFairmont, West Virginia ....... @lRiverside Expressway improvements ....... 5.3

....... 78........ @lWashington ....... @lState Rt. 14 Improvement Projects, Columbia River Gorge, Washington ....... 8.6

....... 79........ @lPennsylvania ....... @lPennsylvania Industrial Park access, Washington County, Pennsylvania ....... 6.3

....... 80........ @lPennsylvania ....... @lChadville Improvement Project, Southern Fayette County, Pennsylvania ....... 2.4

....... 81........ @lPennsylvania ....... @lU.S. Rt. 219 Meyersdale Bypass ....... 48.0

....... 82........ @lPennsylvania ....... @lU.S. Rt. 22 Improvements: Monroeville to Ebansburg ....... 30.3

....... 83........ @lPennsylvania ....... @lLaurel Valley Expressway, Blairsville, Pennsylvania ....... 5.0

....... 84........ @lBrownsville, Texas ....... @lBrownsville Railroad Relocation Project ....... 6.7

....... 85........ @lSouth Carolina ....... @lSouthern Connector Highway, Greenville County, South Carolina ....... 3.6

....... 86........ @lOhio ....... @lRt. 18 Bypass Study, Medina, Ohio ....... 0.4

....... 87........ @lOhio ....... @lU.S. Rt. 250 Bypass Study, Norwalk, Ohio ....... 0.4

....... 88........ @lMankato, Minnesota ....... @lMankato South Rt. Improvements, Mankato, Minnesota ....... 10.0

....... 89........ @lKentucky ....... @lU.S. 119 Upgrading, Pike County, KY ....... 7.6

....... 90........ @lMichigan ....... @lU.S. Rt. 127 Upgrading, Jackson County, Michigan ....... 0.8

....... 91........ @lEden Prairie & Cologne, Minnesota ....... @lU.S. Trunk Highway 212 improvement project, Eden Prairie/Cologne, MN ....... 8.7

....... 92........ @lOhio ....... @lRt. 30 extension: East Canton/Minerva, Ohio ....... 5.3

....... 93........ @lNew Mexico ....... @lRatonClayton Rd., Clayton, New Mexico ....... 9.3

....... 94........ @lNew Mexico ....... @lJicarilla Apache State Road, New Mexico ....... 1.5

....... 95........ @lArizona ....... @lTurquoise Trail Highway, Navajo County, Arizona ....... 5.9

....... 96........ @lPennsylvania ....... @lU.S. Rt. 222 Relocation, Lehigh County, Pennsylvania ....... 1.5

....... 97........ @lPennsylvania ....... @lPennsylvania Rt. 33 Extension, Northhampton County, Pennsylvania ....... 16.8

....... 98........ @lKentucky ....... @lHighway 92 Relocation Study, South Central Kentucky ....... 0.1

....... 99........ @lKentucky ....... @lU.S. 27 Improvements, Jessamine County, Kentucky ....... 9.2

....... 100. ....... @lNorth Carolina....... @lUm2519/Xm2 Highways, Cumberland, North Carolina ....... 15.9

....... 101........ @lMissouri ....... @lAdams Dairy Parkway Project, Blue Springs, Missouri ....... 1.5

....... 102........ @lLawrence, Kansas ....... @lLawrence Circumferential Roadway, Douglas County, Kansas ....... 3.3

....... 103........ @lKansas ....... @lOakland Expressway, Eastern Shawnee, Kansas ....... 5.9

....... 104........ @lMissouri ....... @lHighway 63 improvements, Columbia, Missouri/Iowa border ....... 5.9

....... 105........ @lWest Virginia ....... @lHighway Improvements: Mason County/Kanawha, West Virginia ....... 19.5

....... 106........ @lPennsylvania ....... @lWarren Street Extension/U.S. 222 Reconstruction, Berks County, Pennsylvania ....... 6.6

....... 107........ @lIllinois ....... @lFor construction of the Alton Bypass from the vicinity of Alton and Godfrey, Illinois ....... 4.4

....... 108........ @lIowa ....... @lConstruct Mason City Bypass, Gerro Gordo County, Iowa ....... 14.8

....... 109........ @lPrince Edward County, Virginia ....... @lA highway improvement project one mile south of Farmville in Prince Edward County, Virginia, to increase from two lanes to four lanes approximately two miles of Route 460. Such project shall connect the existing four lanes of Route 460 approaching the segment from the east and the west. The Secretary of the Army, acting through the Chief of Engineers, is directed, upon request of officials representing Prince Edward County, Virginia, to allow the immediate filling of the Sandy River Reservoir in accordance with the terms and conditions of the permit, without further amendment or modification in any respect, issued by the Department of the Army relating to the reservoir, except that no contingency in such permit pertaining to water demand or use shall become effective or shall be enforced prior to seven years from date of completion of such highway project ....... 4.4

....... 110........ @lPort Lavaca to Cuero, Texas ....... @lConstruct upgraded, improved fourlane divided highway ....... 43.9

....... 111........ @lParker County, Texas (SH199) ....... @lUpgrade existing highway to fourlane divided highway ....... 33.5

....... 112........ @lHowell County, Missouri ....... @lImprove Highway 63 ....... 3.6

....... 113........ @lLouisa, Louisiana....... @lLouisa Bridge replacement, Louisa, LA....... 9.5

....... 114........ @lTravis County, Texas....... @lHighway 620 bridge improvement....... 11.4

....... 115........ @lLatrobe, Pennsylvania....... @lLigonier Street Reconstruction....... 0.8

....... 116........ @lCarroltown/DuBois, Pennsylvania....... @lU.S. 219 Improvements....... 4.0

....... 117........ @lRobinson Township, Pennsylvania....... @lDesign Work in Town Center....... 5.0

....... 118........ @lWest Virginia....... @lChelyan Bridge Replacement....... 8.5

* * * TABLE END * * *

(3) Allocation percentages.-8 percent of the amount allocated by paragraph (2) for each project authorized by paragraph (2) shall be available for obligation in fiscal year 1992. 18.4 percent of such amount shall be available for obligation in each of fiscal years 1993, 1994, 1995, 1996, and 1997.

(4) Federal share.-The Federal share payable on account of any project under this subsection shall be 80 percent of the cost thereof.

(5) Delegation to states.-Subject to the provisions of title 23, United States Code, the Secretary shall delegate responsibility for construction of a project or projects under this subsection to the State in which such project or projects are located upon request of such State.

(6) Advance construction.-When a State which has been delegated responsibility for construction of a project under this subsection-

(A) has obligated all funds allocated under this subsection for construction of such project; and

(B) proceeds to construct such project without the aid of Federal funds in accordance with all procedures and all requirements applicable to such project, except insofar as such procedures and requirements limit the State to the construction of projects with the aid of Federal funds previously allocated to it;

the Secretary, upon the approval of the application of a State, shall pay to the State the Federal share of the cost of construction of the project when additional funds are allocated for such project under this subsection.

(7) Applicability of title 23.-Funds authorized by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of any project under this subsection shall be determined in accordance with this subsection and such funds shall remain available until expended. Funds authorized by this subsection shall not be subject to any obligation limitation.

(b) Urban Access and Urban Mobility Projects.-

(1) Purpose.-The purpose of this subsection is to provide funds ~~~for ~~~projects ~~~that ~~~enhance ~~~urban ~~~access ~~~and ~~~urban _mobility.

(2) Authorization of projects.-The Secretary is authorized to carry out urban access and urban mobility projects described in this paragraph. Subject to paragraph (3), there is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for fiscal years 1992 through 1997 to carry out each such project the amount listed for each such project:

* * * TABLE START * * *

@h1@h1@h1CITY/STATE@h1URBAN ACCESS & MOBILITY@h1AMOUNT in millions

....... 1........ @l Santa Ana, California....... @lBristol Street Project....... 4.1

....... 2........ @l Illinois/Missouri....... @lMetro East/St. Louis, Missouri Bridge Feasibility Study....... 1.0

....... 3........ @l Beaver/Butler Counties, Pennsylvania....... @lConstruction of Crow's Run Expressway from Im79 to PA Rt. 60, Beaver/Butler Counties, PA....... 3.5

....... 4........ @l Atlanta, Georgia....... @lImprovement of Martin Luther King Drive....... 0.8

....... 5........ @l Chicago, Illinois....... @lHandicapped Accessibility Projects on various Chicago Streets....... 2.4

....... 6........ @l Chicago, Illinois....... @lFeasibility study for a road between existing Lake Shore Drive and Indiana Road....... 0.16

....... 7........ @l San Jose, California....... @lImprovement of Interchange at Highway 85/Highway 17....... 35.0

....... 8........ @l Gilroy, California....... @lFor safety improvements on Highway 152 in vicinity of Gilroy, CA....... 5.9

....... 9........ @l New York, New York....... @lImprovements on Miller Highway in New York City, NY....... 15.6

....... 10........ @l District of Columbia....... @lConstruction of missing segments of Eastern and Southern Avenues (Boundary Street Safety Initiative)....... 6.8

....... 11........ @l Buffalo, New York....... @lScajaquada Expressway Classification study....... 0.24

....... 12........ @l Buffalo, New York....... @lNY State Thruway relocation study, Buffalo (Niagara), NY....... 0.24

....... 13........ @l Joliet, Illinois....... @lFor rehabilitation of Houbolt Road from Jefferson Street to Joliet Jr. College and construction and interchange at Houbolt Road and Im80....... 1.0

....... 14........ @l Chicago, Illinois....... @lWPA street improvements bounded on the north by 103rd, the east by Stoney Island, the west by Ashland, and the south by the city limits....... 3.7

....... 15........ @l Burnham, Illinois....... @lTo improve Dolton Avenue between Torrence Avenue and Indiana State Line, Burnham, IL....... 1.9

....... 16........ @l Calumet Park, Illinois....... @lAshland Avenue Bridge replacement....... 2.1

....... 17........ @l Harvey, Illinois....... @lIllinois 1 Interchange improvement from U.S. 6 to Im80....... 2.5

....... 18........ @l Markham, Illinois....... @lSibley Boulevard traffic flow improvement from Dixie Highway....... 3.5

....... 19........ @l Chicago, Illinois....... @lIllinois 1 intersection improvement, Harvey, IL (intersection at 155th Street)....... 1.4

....... 20........ @l Youngstown, Ohio....... @lCenter Street Bridge replacement, Youngstown, OH, including Poland Avenue-Shirley Road connector and ramps at Im680....... 12.2

....... 21........ @l Lake Porter and LaPort Counties, Indiana and Illinois....... @lStudy linkage roads to connect Lake Shore Drive and surrounding facilities....... 1.0

....... 22........ @l Indiana....... @lAcquisition of West Lake Corridor RightofWay between Munster, IN and Hammond , IN....... 1.0

....... 23........ @l Portage, Indiana....... @lWiden Willow Creek Road to 4 lanes....... 1.5

....... 24........ @l Hobart, Lake Station and New Chicago, Indiana....... @lVarious improvements to Ridge Road to relieve congestion....... 4.3

....... 25........ @l Passaic County, New Jersey....... @lTo complete construction of Rt. 21 in Passaic County, New Jersey....... 98.8

....... 26........ @l Northeastern, New Jersey....... @lTo raise 14 bridges over Molly Ann's Brook Northeastern, New Jersey....... 9.5

....... 27........ @l Chambersburg, Pennsylvania....... @lTo improve the Wayne Avenue-Im81 Interchange and to widen Wayne Avenue to 5 lanes from Kriner Road to Coldbrook Avenue in the vicinity of Chambersburg, Pennsylvania....... 1.84

....... 28........ @l Newark, New Jersey....... @lTo construct ramps to provide access to Im78....... 7.2

....... 29........ @l Newark, New Jersey....... @lTo construct a parking facility as part of a multimodal transportation facility in the vicinity of United Hospitals Medical Center, Newark, New Jersey....... 4.9

....... 30........ @l Lawrence, Massachusetts....... @lStudy, design, and construct new road service; road and ramps and widen Im495....... 4.7

....... 31........ @l Baltimore, Maryland....... @lTo improve various roads as part of project ``Project Vision'' in Baltimore, Maryland....... 5.0

....... 32........ @l Bellevue, Washington....... @lConduct Phase I design study for Im405 interchange at Northeast 8th Street....... 5.0

....... 33........ @l Springfield, Illinois....... @lTo extend 11th Street from Stevenson Drive to Toronto Road in the vicinity of Springfield, Illinois....... 8.3

....... 34........ @l Middlesex, New Jersey....... @lRoute 1 widening in Middlesex County, New Jersey from Raritan River to Rahway River....... 7.4

....... 35........ @l Perth Amboy & Woodbridge Township, New Jersey....... @lStudy whether additional river crossings may be necessary based on condition of 3 existing crossings....... 2.5

....... 36........ @l Compton, California....... @lFor a grade separation project at W. Alameda Street and the Mealy St. Corridor....... 6.6

....... 37........ @l Parsippany, Troy Hills, New Jersey ....... @lConstruct interchange and ramp improvements for east and west bound traffic on Im280....... 3.1

....... 38........ @l Queens, New York....... @lTo rehabilitate 39th Street Bridge over rail tracks at the Sunnyside Rail Yard in Queens, New York....... 10.4

....... 39........ @l Omaha, Nebraska....... @lFor improvements to US Highway 6 (W. Dodge Road) from 86th Street to 118th including the intersection with Im680 in Omaha, Nebraska....... 5.2

....... 40........ @l Suffolk County/Long Island, New York....... @lConstruct various roadway improvements on 7.1 miles of New York Rt. 112, including, resurfacing, widening, adding turning and parking lanes and improving traffic signals....... 3.4

....... 41........ @l San Diego, California....... @lTo conduct environmental study on feasibility of constructing 4lane highway from State Rt. 805 to International border near Otay Mesa....... 1.0

....... 42........ @l Sarasota, Florida....... @lTo construct a bridge interchange at US 301 and University Parkway in the vicinity of Sarasota, Florida....... 2.4

....... 43........ @l Hartford, Connecticut....... @lTo rehabilitate Connecticut Rt. 99 South of Hartford, Connecticut....... 5.0

....... 44........ @l Hartford, Connecticut....... @lFor improved access to the Connecticut River as in Im91 Mitigation Project, Hartford, Connecticut....... 2.3

....... 45........ @l Chattanooga, Tennessee....... @lConstruct an urban diamond interchange to improve capacity and a connector road....... 3.1

....... 46........ @l Commerce, California....... @lTo relocate a portion of Atlantic Blvd. in the vicinity of Telegraph Rd. as part of a grade separation project....... 4.7

....... 47........ @l Scranton, Pennsylvania....... @lRealign 3,000 feet of N. Scranton Expressway to connect with Mulberry Street....... 7.2

....... 48........ @l Long Island, New York....... @lSouthern State Parkway Improvement....... 4.6

....... 49........ @l New York....... @lExit 26 Ridge Project Schenectady, New York....... 5.7

....... 50........ @l Capital Beltway, Springfield, Virginia....... @lUpgrade interchanges on Im495, including Virginia Mixing Bowl Improvements....... 7.5

....... 51........ @l Utah....... @lExpansion of State Rd. 5600 West....... 3.3

....... 52........ @lChicago, Illinois....... @lRightofway preservation projects (Eisenhower & Stevenson Connector)....... 4.8

....... 53........ @l Chicago, Illinois....... @lMuseum of Science & Industry: Various intermodal facilities, Chicago, Illinois....... 35.0

....... 54........ @l Chicago, Illinois....... @lChicago Skyway Bridge, Chicago, Illinois....... 14.2

....... 55........ @l Chicago, Illinois....... @lCermak Road Bridge reconstruction, Chicago, Illinois....... 9.2

....... 56........ @l Chicago, Illinois....... @lRoosevelt Rd. and Bridge Improvements, Chicago, Illinois....... 11.8

....... 56A........ @l Chicago, Illinois....... @lState Street Mall Improvements, Chicago, Illinois....... 14.2

....... 57........ @l Chicago, Illinois....... @lCicero Avenue Improvements, vicinity of Chicago, Illinois....... 1.1

....... 58........ @l Chicago, Illinois....... @l183rd Street Reconstruction, Chicago, Illinois....... 1.5

....... 59........ @l Chicago, Illinois....... @l111th Street Reconstruction, Chicago, Illinois....... 2.5

....... 60........ @l Chicago, Illinois....... @l111th Street Upgrade: Cicero Avenue to Pulaski Road, Chicago, Illinois....... 2.5

....... 61........ @l Chicago, Illinois....... @l111th Street Widening; Central Avenue to Cicero Avenue, Chicago, Illinois....... 4.7

....... 62........ @l Muncie, Indiana....... @lState Rd. 67 Widening....... 10.0

....... 63........ @l Columbus, Indiana....... @lColumbus Entranceway project, Columbus, Indiana....... 3.3

....... 64........ @l New Jersey....... @lRt. 17/4 Interchange Project, Paramus, New Jersey....... 5.7

....... 65........ @l New Jersey....... @lHackensack Avenue/Kinderkamack Road Bridges over Rt. 4, Hackensack, New Jersey....... 5.7

....... 66........ @l Los Angeles....... @lGrade separation projects (3), Los Angeles County, California....... 7.1

....... 67........ @l New York....... @lPreservation of Rail Corridor (North Shore Rail Line), Staten Island....... 10.7

....... 68........ @l Maryland....... @lImprovement of U.S. Route 1 in Baltimore County, Maryland....... 11.8

....... 69........ @l Camden, New Jersey....... @lRenovation of South Jersey Port Corporation's Beckett Street Terminal....... 8.3

....... 70........ @l Washington, D.C........ @lDesign and construction of noise barriers along Southeast/Southwest Freeway and Anacostia Freeway in D.C........ 4.7

....... 71........ @l Anaheim, California....... @lConstruction of public HOV facilities to provide public access to Im5 in the vicinity of the Anaheim Regional Transportation Intermodal Complex....... 14.8

....... 72........ @l Atlanta, Georgia....... @lConstruction of Im20 interchange at Lithonia Industrial Boulevard....... 11.2

....... 73........ @l Buffalo, New York....... @lThe Southtowns Connector Buffalo, New York....... 8.5

....... 74........ @l Tucson, Arizona....... @lVeterans Memorial Interchange/Palo Verde Overpass Bridge Replacement....... 2.4

....... 75........ @l Providence, Rhode Island....... @lMemorial Boulevard Pedestrian/Traffic Improvements....... 5.0

....... 76........ @l Renton, Washington....... @lHouser Way Relocation Expansion....... 3.0

* * * TABLE END * * *

(3) Allocation percentages.-8 percent of the amount allocated by paragraph (2) for each project authorized by paragraph (2) shall be available for obligation in fiscal year 1992. 18.4 percent of such amount shall be available for obligation in each of fiscal years 1993, 1994, 1995, 1996, and 1997.

(4) Federal share.-The Federal share payable on account of any project under this subsection shall be 80 percent of the cost thereof.

(5) Delegation to states.-Subject to the provisions of title 23, United States Code, the Secretary shall delegate responsibility for construction of a project or projects under this subsection to the State in which such project or projects are located upon request of such State.

(6) Advance construction.-When a State which has been delegated responsibility for construction of a project under this subsection-

(A) has obligated all funds allocated under this subsection for construction of such project; and

(B) proceeds to construct such project without the aid of Federal funds in accordance with all procedures and all requirements applicable to such project, except insofar as such procedures and requirements limit the State to the construction of projects with the aid of Federal funds previously allocated to it;

the Secretary, upon the approval of the application of a State, shall pay to the State the Federal share of the cost of construction of the project when additional funds are allocated for such project under this subsection.

(7) Applicability of title 23.-Funds authorized by this subsection shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of any project under this subsection shall be determined in accordance with this subsection and such funds shall remain available until expended. Funds authorized by this subsection shall not be subject to any obligation limitation.

SEC. 1107. INNOVATIVE PROJECTS.

(a) In General.-The purpose of this section is to provide assistance for highway projects demonstrating innovative techniques of highway construction and finance. Each State in which 1 of the projects authorized by subsection (b) is located shall select and use, in carrying out such project, innovative techniques in highway construction or finance. Such techniques may include stateoftheart technology for pavement, safety, or other aspects of highway construction; innovative financing techniques; or accelerated procedures for construction.

(b) Authorization of Projects.-The Secretary is authorized to carry out the innovative projects described in this subsection. Subject to subsection (c), there is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for fiscal years 1992 through 1997 to carry out each such project the amount listed for each such project:

* * * TABLE START * * *

@h1@h1@h1CITY/STATE@h1INNOVATIVE PROJECTS@h1AMOUNT in millions

....... 1........ @lCadiz, Ohio....... @lConstruction of 4lane Limited Access Highway from Cadiz, OH to Interstate 70 Interchange at St. Clairsville, OH along U.S. Rt. 250....... 20.0

....... 2........ @lMaryland....... @lConstruction of Durham Road Bridge #75 in Harford County, MD....... 0.5

....... 3........ @lMaryland....... @lConstruction of a replacement bridge at Furnace Road Bridge #74, Harford County, MD....... 0.6

....... 4........ @lMaryland....... @lConstruction of a replacement bridge at South Hampton Road Bridge #47, Harford County, MD....... 1.0

....... 5........ @lMaryland....... @lConstruction of a replacement bridge at Wheel Road Bridge #9, Harford County, MD....... 1.0

....... 6........ @lMaryland....... @lConstruction of a replacement bridge at Watervale Bridge #63, Harford County, MD....... 1.1

....... 7........ @lBaltimore County, Maryland....... @lReplacement Papermill Road Bridge #123 in Cockeysville Area of Baltimore, MD....... 5.3

....... 8........ @lSouthern, Oklahoma....... @lTesting of effectiveness of recyclable materials on a resurfacing project on U.S. 70 in Southern, OK....... 2.1

....... 9........ @lTulsa, Oklahoma....... @lUpgrade U.S. 75 to Expressway standards, Tulsa, OK....... 14.0

....... 10........ @lAtlanta, Georgia....... @lFor various transportation improvements in connection with the 1996 Olympics, including the city of Atlanta advanced traffic management system (IVHS)....... 58.1

....... 11........ @lChicago, Illinois....... @lComputerized infrastructure management systems, Chicago, IL....... 4.3

....... 12........ @lOceanside, California....... @lConstruction of A, B, and C segments of State Route 76....... 14.4

....... 13........ @lCarlsbad, California....... @lImprovements to the interchange at Palomar Airport Road and Interstate 5....... 3.4

....... 14........ @lDanville, Virginia....... @lTo replace bridges on Main and Worsham Streets in Danville, VA....... 10.0

....... 15........ @lMokena, Illinois....... @lFor construction of Wolf Road to an area between LaPort Road and U.S. Rt. 30 in Mokena, IL....... 1.4

....... 16........ @lFrankfort, Illinois....... @lVillage of Frankfort Roadway improvement projects....... 1.3

....... 17........ @lPlainfield, Illinois....... @lReplacement of E J & E Viaduct over IL Rt. 59 and Dupage River Tributary....... 1.0

....... 18........ @lRomeoville, Illinois....... @lReplacement of 135th Street Bridge, Romeoville, IL....... 5.9

....... 19........ @lWater Street, Pennsylvania....... @lConstruction of a 2 lane bypass around the Borough of Water Street on U.S. 22 of Pennsylvania....... 8.0

....... 20........ @lHolidaysburg, Pennsylvania....... @lTo relocate U.S. 22 around the Borough of Holidaysburg, Pennsylvania....... 52.0

....... 21........ @lLewistown, Pennsylvania....... @lFor safety improvements on the Narrows to eliminate potential problems brought on by rock slides....... 1.6

....... 22........ @lPennsylvania....... @lTo relocate U.S. Rt. 22 North of Lewistown, Pennsylvania....... 58.3

....... 23........ @lReedsville, Pennsylvania....... @lFor construction of a 4 lane highway between Reedsville and Seven Mountains, Pennsylvania....... 35.1

....... 24........ @lPennsylvania....... @lTo relocate section of railroad tracks between Hagerstown, Maryland and Shippensburg, Pennsylvania to eliminate 23 atgrade crossings and to make connection to an existing railroad line....... 14.4

....... 25........ @lRoaring Spring, Pennsylvania....... @lTo upgrade to 3 lanes by adding a center turning lane a section of Pennsylvania 36 from New U.S. 220 to the intersection at Roaring Spring, Pennsylvania....... 8.8

....... 26........ @lAltoona, Pennsylvania....... @lTo widen and extend Chestnut Avenue from Altoona to Juniata, Pennsylvania....... 7.12

....... 27........ @lBedford County, Pennsylvania....... @lTo widen Rt. 30 from the Narrows in Bedford to Mt. Dallas, Pennsylvania....... 48.0

....... 28........ @lBrevard County, Florida....... @lDesign, acquire rightofway and construct a widened bridge on State Road 3 over the Barge Canal....... 6.9

....... 29........ @lBlacksburg, Montgomery County, Virginia....... @lConstruction of 6 mile 4 lane highway to demonstrate intelligent/vehicle highway systems....... 5.9

....... 30........ @lMobile, Alabama....... @lFor reconstruction of the West Tunnel Plaza Interchange on Im10 from Virginia Street to Mobile River Tunnel, Mobile, Alabama....... 15.0

....... 31........ @lPennsylvania....... @lTo widen U.S. Rt. 202 from King of Prussia to Montgomeryville, Pennsylvania....... 8.9

....... 32........ @lGalina, Illinois....... @lTo conduct environmental, preliminary engineering and design studies to widen a 47 mile stretch of U.S. 20 to 4 lanes....... 2.0

....... 33........ @lAreneck County, Michigan....... @lTo improve a 12mile stretch of U.S. 23 between Rt. 13 and Rt. 65, Michigan....... 4.7

....... 34........ @lBrooks, Jim Wells, and Live Oak Counties, Texas....... @lTo improve, upgrade and widen U.S. 281 to the Mexican Border....... 27.6

....... 35........ @lAlabama....... @lTo construct a 4lane access controlled highway to bypass Montgomery, Alabama and connect Im65 and Im85....... 11.8

....... 36........ @lNorth Dakota....... @lTo design computerized system to inventory and manage off system bridge repairs or replacement statewide; begin repair activities....... 8.9

....... 37........ @lLos Angeles, California....... @lFor preliminary work on a project to enhance the capacity of Im5 in Los Angeles and Orange County from the downtown area to the State Rt. 91 interchange in Buena Park....... 6.7

....... 38........ @lMendon, Illinois....... @lTo construct 14.8 miles of Highway 336 from Illinois Rt. 61 near Mendon, Illinois to West Point Road....... 5.0

....... 39........ @lBryden, Washington....... @lConstruct 3 miles of new and improved highways connecting Clarkston, Washington with Lewiston, Idaho....... 3.9

....... 40........ @lMissouri....... @lTo widen Im55 between Rt. M and Rt. 67 in Jefferson County, Missouri....... 5.1

....... 41........ @lJefferson County, Missouri....... @lTo upgrade 7.9 miles of Missouri Highway 21 in Jefferson County, Missouri....... 5.1

....... 42........ @lSt. Louis, Missouri....... @lTo construct a 4lane outer beltway connecting Im55 and Im44 in St. Louis and Jefferson County, Missouri....... 7.6

....... 43........ @lHillsborough, Florida....... @lWiden and enhance safety and drainage features of Im4 from Tampa to the Hillsborough County Line....... 24.5

....... 44........ @lWichita, Kansas....... @lTo construct a 6 lane access controlled highway and interchange at Oliver Street....... 6.6

....... 45........ @lBrigham City, Utah....... @lTo construct an interchange on Im15 at Forest St. in Brigham City, Utah....... 3.6

....... 46........ @lUtah....... @lFor the upgrading of U.S. 89 in Davis and Weber Counties, Utah....... 3.0

....... 47........ @lGrand Rapids, Michigan....... @lFor construction of a bypass around Grand Rapids, Michigan connecting Im96 and Im196....... 6.9

....... 48........ @lSuffolk County/Long Island, New York....... @lAvoid erecting costly areas through selective black topping through high noise road segments....... 2.0

....... 49........ @lSuffolk County, New York....... @lEvaluate suitability of composting and recycling for use on Federalaid highway medians and perimeters....... 0.4

....... 50........ @lSpringfield, South Dakota....... @lPlan, engineer and construct a bridge across the Missouri River to connect South Dakota Rt. 37 to Nebraska Highway 12....... 4.7

....... 51........ @lVermillion, South Dakota....... @lEngineer and construct bridge across the Missouri River in the vicinity of Vermillion, South Dakota....... 3.6

....... 52........ @lPennsylvania....... @lDesign, engineer and construct 2 exits off Interstate 81 at WilkesBarre and Mountaintop, Pennsylvania....... 16.7

....... 53........ @lGenesse, Michigan....... @lWiden and improve pavement in Mundy Township, from Baldwin Rd. to Cook Rd........ 0.16

....... 54........ @lFlint, Michigan....... @lEngineer, design and construct improved and widened 5lane road....... 0.5

....... 55........ @lFlint, Michigan....... @lEngineer, design and construct 1.02 miles of 5lane roadway....... 0.9

....... 56........ @lFlint, Michigan....... @lRightofway acquisition, relocation and construction of Bristol Road....... 3.1

....... 57........ @lSalem, Oregon....... @lTo construct the Salem Bypass around Salem, Oregon....... 6.0

....... 58........ @lMontgomery_ville, Pennsylvania....... @lTo improve U.S. 202 from Montgomeryville to Doylestown, Pennsylvania....... 10.8

....... 59........ @lAmherst/Erie County, New York....... @lWiden 2 miles of Rt. 263 from 2 lanes to 4 lanes and rehabilitate a 4 mile stretch of Rt. 78....... 7.6

....... 60........ @lIdaho....... @lTo improve the Bryden Canyon Rd. in Lewiston, Idaho....... 5.3

....... 61........ @lMojave, California....... @lWiden and reconstruct bridge to CALTRANS height standards....... 1.8

....... 62........ @lFreemont, Iowa....... @lFor construction of Iowa highway #2 from Sidney, Iowa to Im29 in Freemont County, Iowa....... 8.7

....... 63........ @lCouncil Bluffs, Iowa....... @lFor a variety of improvements to the Valley View Corridor in Council Bluffs, Iowa....... 1.0

....... 64........ @lIndiana....... @lConstruct extension of Interstate 69 to link Evansville and Indianapolis, Indiana....... 3.8

....... 65........ @lAberdeen, Ohio ....... @lU.S. 62 Ohio River Bridge ....... 15.5

....... 66........ @lJacksonville, Illinois ....... @lU.S. 67 Jacksonville Bypass ....... 15.8

....... 67........ @lSnohomish, Washington ....... @lSnohomish County, Washington HOV Lanes ....... 6.5

....... 68........ @lPortland/S. Portland, Maine....... @lPortlandS. Portland Bridge....... 134.5

....... 69........ @lIowa....... @lHighway 63 Improvements, Waterloo to New Hampton, Iowa....... 15.1

....... 70........ @lBrook Park, Ohio....... @lAerospace Technology Park Access Rd., Brook Park, Ohio....... 14.2

....... 71........ @lCalifornia....... @lRt. 156 Hollister Bypass, San Benito, California....... 0.9

....... 72........ @lMonterey, California....... @lRt. 101, Prunedale, California....... 4.2

....... 73........ @lNew Jersey....... @lRt. 21 Viaduct, Newark, New Jersey, City of Newark's Project....... 14.8

....... 74........ @lNew Jersey....... @lRt. 21 widening, Newark, New Jersey, City of Newark's Project....... 13.9

....... 75........ @lNorth Carolina....... @lU.S. 64 widening in Chatham and Wake Counties, North Carolina....... 5.3

....... 76........ @lTennessee....... @lIm81/Industrial Park South Interchange, Sullivan County, Tennessee....... 5.8

....... 77........ @lTennessee....... @lFoothills Parkway: Pittman Center to Cosby, Tennessee....... 11.2

....... 78........ @lOhio....... @lKelly Avenue extension, Akron, Ohio....... 9.5

....... 79........ @lExton, Pennsylvania....... @lExton Bypass, Exton, Pennsylvania ....... 26.8

....... 80........ @lAlabama....... @lBlack Warrier River Bridge, Tuscaloosa County, Alabama....... 6.4

....... 81........ @lBrooklyn Park, Minnesota....... @lHighway 610 crosstown project, Brooklyn Park, Minnesota....... 36.0

....... 82........ @lCalifornia....... @lIm880/AlvaradoNiles Road Interchange, Union City, California....... 9.5

....... 83........ @lMerrysville, Washington....... @lInterstate 5 Interchange improvement: 88th Street, Merrysville, Washington....... 1.9

....... 84........ @lMyrtle Beach, South Carolina....... @lCarolina Bays Parkway, Myrtle Beach, South Carolina....... 5.9

....... 85........ @lMississippi....... @lU.S. 90 improvements including 6 lane bridge and approaches, Pascagoula, Mississippi....... 4.3

....... 86........ @lBakersfield, California....... @lRt. 58 Improvements, Bakersfield, California....... 4.7

....... 87........ @lSanta Fe Springs, California....... @lNorwalk Blvd. grade separation, Santa Fe Springs....... 4.7

....... 88........ @lHoquiam, Washington....... @lGray's Harbor Industrial Corridor Bridge, Hoquiam, Washington....... 4.7

....... 89........ @lTraverse City, Michigan....... @lTraverse City Bypass, Traverse City, Michigan....... 4.5

....... 90........ @lNevada....... @lLamoille Highway widening, Elko County, Nevada....... 2.4

....... 91........ @lReno, Nevada....... @lU.S. 395 Extension, in vicinity of Reno, Nevada....... 14.8

....... 92........ @lCarson City, Nevada....... @lCarson City Bypass, Carson City, Nevada....... 7.6

....... 93........ @lColumbus, Ohio....... @lIm270 North outerbelt widening, Franklin County, Ohio....... 10.2

....... 94........ @lSt. Thomas, Virgin Islands....... @lFeasibility study of constructing a second road to the west end of the island....... 1.7

....... 95........ @lIllinois....... @lDeQuoin Highway Bridge....... 2.6

....... 96........ @lIllinois....... @lTamarack Street Extension....... 0.6

....... 97........ @lIndiana....... @lEast Chicago Marina Access Road....... 8.5

....... 98........ @lDistrict of Columbia....... @lHybrid Fuel Cell....... 3.6

....... 99........ @lOhio....... @lRehabilitation of Bridge on U.S. 224 near State Route 616....... 1.0

....... 100........ @lArkansas....... @lNorth Belt Freeway Project, Thornton, Arkansas....... 8.9

....... 101........ @lFt. Worth, Texas....... @lIm35 Basswood Interchange, Ft. Worth, Texas....... 17.8

....... 102........ @lIllinois....... @lIllinois 17 road replacement, .2 miles west of Splear Road to Illinois 1: 5.3 miles....... 1.8

....... 103........ @lLeroy, Illinois....... @lU.S. 150 road replacement, North of Hemlock Street to South of Gilmore Street in Leroy: 1.6 miles....... 1.0

....... 104........ @lFord County, Illinois....... @lU.S. 24 replacement, 1.1 miles east of Forrest to Ford County Line: 8.0 miles....... 1.8

....... 105........ @lIllinois....... @lU.S. 24 road replacement: Crescent City to Illinois 1 in Watseka: 6.3 miles....... 2.5

....... 106........ @lEmington, Illinois....... @lEmington Spur road replacement Illinois 47 to Emington: 2.9 miles Emington, Illinois....... 0.65

....... 107........ @lIllinois....... @lNew Lenox Road Improvement....... 2.5

....... 108........ @lIllinois....... @lShorewood Roadway Improvements....... 1.3

....... 109........ @lIllinois....... @lBridge painting of various moveable bridges to prevent rusting, Chicago, Illinois ....... 2.8

....... 110........ @lHuntington County, Pennsylvania....... @lJacobs Timber Bridge over Greater Trough Creek....... 0.35

....... 111........ @lChicago, Illinois....... @lLandscaping, resurfacing, repair and replacement of curbs and gutters, bridge cleaning and repair of lights and redesigning and installation of new signs historic 28 mile Boulevard, Chicago, Illinois....... 5.4

....... 112........ @lCadillac, Michigan....... @lImprovements to highway U.S. 131, north of Cadillac ....... 4.2

....... 113........ @lDurham County, North Carolina....... @lAccelerated construction of a fourlane divided freeway on Route 147....... 38.3

....... 114........ @lCorpus Christi to Angleton, Texas....... @lConstruct new multilane freeway....... 41.7

....... 115........ @lFort Worth, Texas....... @lConstruction of an overpass and frontage road at the Fort Worth Hillwood/Im35 interchange....... 12.7

....... 116........ @lWest Sacramento, California....... @lConstruction of Industrial Boulevard Bridge over Sacramento River Barge Canal in West Sacramento, California....... 8.3

....... 117........ @lBaltimore County, Maryland....... @lIm695 Improvements in Baltimore County, Maryland....... 23.9

....... 118........ @lHampton Roads, Virginia....... @lIm64 Crossing of Hampton Roads....... 5.9

....... 119........ @lCalumet City, Illinois....... @lReconstruction of 156th Street and 156th Place from Burkham Avenue to State line....... 1.3

....... 120........ @lFrankfort Township, Illinois....... @lImprovements of streets in Frankfort Township....... 1.0

....... 121........ @lMatteson, Illinois....... @lIm57 Bridge Improvements....... 3.6

....... 122........ @lIllinois....... @lRoad Improvement, U.S. 150/Ill. 1 from Belguim to South of Westville....... 3.8

....... 123........ @lIllinois....... @lRoad Improvement, U.S. 45 from Savoy to Tolono....... 5.6

....... 124........ @lAlabama....... @lPatton Island Bridge Project....... 4.7

....... 125........ @lBorough of Paulsboro, New Jersey....... @lConstruction of a new bridge to improve safety....... 2.7

....... 126........ @lMinnesota....... @lCompletion of CrossRange Expressway (Trunk Highway 169)....... 13.0

....... 127. ....... @lHinckley, Minnesota....... @lSafety and capacity improvements to Trunk Highway 48 and relocation of County Road 134....... 2.0

....... 128........ @lMinnesota....... @lTrunk Highway 53, Twig to Trunk Highway 37....... 9.5

....... 129........ @lMinnesota....... @lTrunk Highway 169, Grand Rapids to High City....... 9.0

....... 130........ @lMinnesota....... @lTrunk Highway 61, Schroeder to Grand Marais....... 18.0

....... 131........ @lWisconsin....... @lImprovements to Highway 41, Oshkosh to Green Bay....... 41.7

....... 132........ @lWisconsin....... @lImprovements to Highway 29, Chippewa Falls to State Trunk Hwy. 73....... 28.3

....... 133........ @lMinnesota....... @lTrunk Highway 37 and Hughes Rd....... 0.5

....... 134........ @lPennsylvania....... @lRoute 120 widening in vicinity of Lock Haven....... 4.0

....... 135........ @lPennsylvania....... @lReplace U.S. 15 bridge across Tioga River....... 3.2

....... 136........ @lPennsylvania....... @lWysox Narrows Rd. (U.S. 6)....... 3.0

....... 137........ @lChicago, Illinois....... @lImprovements on Kennedy Expressway, except that the allocation percentages under this section shall not apply to this project and, in lieu thereof, 1/3 of the funds for such projects shall be available for obligation in each of fiscal years 1992, 1993, and 1994....... 175.0

....... 138........ @lSouth Carolina....... @lSouthern Connector Highway improvements in Greenville County; Highway 17 Bridge Replacement Projects over Cooper River, Charleston; Carolina Bays Parkway improvements, Myrtle Beach (funds to be equitably divided among these facilities)....... 11.0

....... 139........ @lSouth Carolina....... @lRail Corridor Revitalization in Columbia, South Carolina....... 4.0

....... 140........ @lRhode Island....... @lFor design and construction of a stormdrain retrofit on Im95 and other highway runoff programs to protect Narragansett Bay ....... 13.0

....... 141........ @lSouth Kings_town, Rhode Island....... @lFor historic renovation and development of an intermodal center at the Kingston Railroad Station....... 2.0

....... 142........ @lLincoln and Cumberland, Rhode Island....... @lFor historic rehabilitation of the Albion Bridge and Albion Trench Bridge....... 2.0

....... 143........ @lNewport, Rhode Island....... @lTo develop the marine mode of the intermodal Gateway Transportation Center....... 6.0

....... 144........ @lBristol, Rhode Island....... @lFor road improvements in Bristol, Rhode Island....... 2.0

....... 145........ @lPennsylvania....... @lAn applied technology demonstration in advanced technology demonstrations in advanced driver information systems, with a special emphasis on display instrumentation and information communications technology, to be carried out in cooperation with the Center for Advanced Design and Communication Arts Technology at the University of the Arts....... 2.0

....... 146........ @lVermont....... @lConstruction of a highway from U.S. 7, North of Bennington, Vermont southwest to NY 7 in Hoosick, NY....... 20.0

....... 147........ @lWoonsocket, Rhode Island....... @lFor construction of Route 99 Extension....... 1.96

....... 148........ @lWoonsocket, Rhode Island....... @lFor repaving streets in Woonsocket....... 1.40

....... 149........ @lWoonsocket, Rhode Island....... @lFor improvements to 3 bridges crossing the Blackstone River....... 0.35

....... 150........ @lCranston, Rhode Island....... @lFor reconstruction and repaving of Park Avenue, Sockanossett Crossroads, Olney Arnold Road, South Comstock Parkway, Wildflower Drive, Aqueduct Road and Mapleton Street....... 5.7

....... 151........ @lRhode Island....... @lFor operating expenses of the Rhode Island Public Transit Authority....... 18.0

....... 152........ @lNew Hampshire....... @lTo study corridor protection for New Hampshire Route 16....... 2.0

....... 153........ @lNorth Conway, New Hampshire....... @lTo provide congestion relief on U.S. 302 and New Hampshire Route 16....... 6.3

....... 154........ @lKansas....... @lTo widen U.S. 81 7m15 miles Belleville to Concordia....... 7.0

....... 155........ @lKansas....... @lTo construct Hutchinson Bypass between U.S. 50 and Km96 Hutchinson, Kansas....... 24.4

....... 156........ @lWyoming....... @lFor reconstruction of county roads not on the State Highway System by the Wyoming State Department of Transportation....... 20.0

....... 157........ @lVirginia....... @lFor the rehabilitation, renovation, reconstruction, resurfacing, safety improvements and modernization on the existing 1,069 mile Interstate system in Virginia to be distributed by the Commonwealth Transportation Board, to the maximum extent possible, on an equitable regional basis....... 63.5

....... 158........ @lMinnesota....... @lHennepin County, Minnesota Bloomington Ferry Bridge/C.S.A.H. 18 Replacement Project Bloomington, MN....... 18.0

....... 159........ @lMinnesota....... @lNicollet County, Minnesota C.S.A.H. 41 for roadway stabilization and rockfall control North Mankato, MN....... 3.0

....... 160........ @lMinnesota....... @lSt. Cloud, Minnesota T.H. 15 bridge across Mississippi River and Interchange with T.H. 10....... 3.24

....... 161........ @lMinnesota....... @lMinnesota Safety Initiative Program ($2 million to demonstrate the safety benefits of retoreflective pavement markings and signs, especially for nighttime and older drivers; $1 million to demonstrate the safety and environmental benefits of elastomer modified asphalt in cold weather climates)....... 3.0

....... 162........ @lNew York, New York....... @lHell Gate Viaduct: upgrade, repair & paint....... 55.0

....... 163........ @lNew York, New York....... @lFerry Landing, Battery Park: Reconstruction of ferry landing within Battery Park....... 2.0

....... 164........ @lNew York, New York....... @lFoley Square Plaza: Transportation improvements & construction activities for Foley Square Plaza development....... 5.25

....... 165........ @lNew York, NY....... @lFranklin Delano Roosevelt Drive: To reconstruct & improve several sections of Franklin Delano Roosevelt Drive....... 10.0

....... 166........ @lCorning, NY....... @lCorning Bypass Improvements....... 11.0

....... 167........ @lNelson County, North Dakota....... @lGrading & surfacing: from U.S. Highway 2 at Michigan southerly to ND Highway 15 at McVille; and of FAS 3220 from ND 1 to ND 32....... 8.5

....... 168........ @lStutsman County, North Dakota....... @lSurfacing from Im94 north & east through Spiritwood, then north to ND Highway 9....... 4.0

....... 169........ @lStelle/Griggs County, North Dakota....... @lGrading & surfacing of FAS 4612 & FAS 2012 from ND 32 to ND 45....... 2.9

....... 170........ @lGrand Forks County, North Dakota....... @lSurfacing of FAS 1822 from FAS 1833 to Im29, & FAS 1812 from FAS 1833 to Im29, & FAS 1833 from FAS 1824 to ND 15....... 2.6

....... 171........ @lRichland County, North Dakota....... @lGrading & surfacing from Wahpeton to the Froedtert Malting Plant....... 0.6

....... 172........ @lWard/McHenry County, North Dakota....... @lGrading & surfacing FAS 5158 & FAS 2546 from U.S. 83 to ND 41........ 4.5

....... 173........ @lBottineau County, North Dakota....... @lGrading & surfacing from Bottineau to ND Highway 43....... 2.4

....... 174........ @lMcKenzie County, North Dakota....... @lGrading & surfacing of FAS 2750 from U.S. 85 west 12 miles....... 2.3

....... 175........ @lWells County, North Dakota....... @lGrading & surfacing of FAS 5215 from FAS 5208 north to the county line, & from U.S. 52, one mile west of Manfred, north to FAS 5208....... 2.5

....... 176........ @lTraill County, North Dakota....... @lGrading & surfacing of FAS 4916 from ND 200 east to the Red River....... 2.8

....... 177........ @lEddy County, North Dakota....... @lGrading & surfacing of: FAS 1404 from U.S. 281 east 10.5 miles & from ND 20 west 5.5 miles; & of FAS 1427 from ND 20 south about 8 miles....... 2.5

....... 178........ @lRenville/Ward County, North Dakota....... @lGrading & surfacing, starting at FAS 3809 on the Ward County line south 4 miles & then east 2 miles....... 0.9

....... 179........ @lMorton County, North Dakota....... @lGrading & surfacing of FAS 3020 from ND 49 southeasterly to FAS 3033....... 3.1

....... 180........ @lWalsh County, North Dakota....... @lSurfacing of FAS 5017 from Lankin south to the Nelson County line & FAS 5022 from Fordville east to ND 18....... 2.5

....... 181........ @lDickey County, North Dakota....... @lGrading & surfacing of FAS 1112 from U.S. 281 east to FAS 1127, FAS 1111 from ND 11 south to FAS 1124, & FAS 1137 from ND 11 north to Guelph....... 4.0

....... 182........ @lBurke County, North Dakota....... @lGrading & surfacing of FAS 0717 from Lignite south to ND 50....... 4.4

....... 183........ @lMorton County, North Dakota....... @lFor a bypass from ND 1806 around the westside of Fort Lincoln State Park....... 3.2

....... 184........ @lRolette County, North Dakota....... @lGrading & surfacing from U.S. 281 around the access loop road in the Int'l. Peace Gardens....... 1.9

....... 185........ @lOliver County, North Dakota....... @lGrading & surfacing of FAS 3331 from ND 200A at Hensler southerly to ND 25, & FAS 3304 from FAS 3331 east to FAS 3339....... 2.9

....... 186........ @lWilliams County, North Dakota....... @lGrading & surfacing at County Rd. 5 from U.S. 2 southerly to ND 1804....... 2.5

....... 187........ @lPlummer, Idaho....... @lReconstruct a total of 2.9 miles of SHm5 (FAPm14) beginning at M.P. 0.5 in the City of Plummer in Benewah County to M.P. 1.1, and two additional segments located on Peedee Hill from approximately M.P. 3.6 to M.P. 4.9 and M.P. 5.7 to M.P. 6.7....... 3.6

....... 188........ @lLemhi County, Idaho....... @lReconstruct an 8.3 mile section of U.S. 93 (FAPm35) in Lemhi County at the Idaho/Montana border. 23 U.S.C. 120(a) shall be applicable to the Federal share payable of the cost of such project....... 25.6

....... 189........ @lSt. Maries, Idaho....... @lRehabilitate existing pavement structure for a total of 14.2 miles of Idaho Forest Highway 50, the St. Joe River Road between St. Maries and the Benewah/Shoshone County Line....... 3.4

....... 190........ @lLewiston, Idaho....... @lConstruct a new road for a total of 2.4 miles along FAU Route 7344, M.P. 0.0m2.4, in Bryden Canyon, Lewiston....... 3.9

....... 191........ @lBear Lake County, Idaho....... @lReconstruct a 13.0 mile segment of U.S.m89 (FAPm53) between the communities of Montpelier and Geneva....... 18.5

....... 192. ....... @lAlabama ....... @lImprovements to Anniston Eastern Bypass, in the vicinity of U.S. 431 and Alabama State Hwy. 21 north of Anniston to the Golden Springs interchange on Im20 ....... 11.0

....... 193. ....... @lCorning, New York ....... @lAdditional funding for Corning Bypass (Route 1), except any excess funds from the $13.4 million in total funding for this project shall be available for construction of two additional expressway lanes from Chautauqua Lake Bridge to Pennsylvania border on Route 17 ....... 2.4

....... 194. ....... @lBillings, Montana ....... @lConstruction of the Shilo Im90 Interchange ....... 11.0

....... 195. ....... @lMissoula, Montana ....... @lConstruction of the Missoula Airport Im90 Interchange ....... 7.0

....... 196. ....... @lOrlando, Florida ....... @lLand & rightofway acquisition & guideway construction for magnetic limitation project....... 97.5

....... 197. ....... @lToledo, Ohio ....... @lDesign & initial construction of a new Im280 Maumee River crossing to replace the Craig Memorial Bridge ....... 37.0

....... 198. ....... @lNew LondonGroton/Bridgeport/New Haven, Connecticut ....... @lRehabilitate or replace: The Gold Star Bridge over the Thames River Im95 between New London & Groton; the Bridge over the Yellow Mill Channel (Bridgeport); & the Tomlinson Bridge on Rte. 1 over the Quinnipiac River (New Haven) ....... 62.0

....... 199. ....... @lRaleigh/Rocky Mount/Elizabeth City, North Carolina ....... @lDesign & Construction of interstate standard highway from Rocky Mount, NC to Elizabeth City, NC, & for the upgrading of Im64 from Raleigh, NC to Rocky Mount, NC, & Rte. 17 from Elizabeth City to Norfolk. A substantial portion of the funding should be used for the Rocky Mount to Elizabeth segment ....... 30.0

....... 200. ....... @lBinghamton, New York ....... @lA study of the feasibility of rehabilitation of the South Washington Street Bridge in Binghamton, NY, to identify plans & specifications for repair if feasible. ....... 0.5

....... 201. ....... @lDistrict of Columbia ....... @lAdvanced composite bridge deck demonstration at Catholic University ....... 0.2

....... 202. ....... @lGeorgia....... @lFor any highway improvement projects eligibile for funding under title 23, United States Code ....... 27.0

....... 203........ @lHawaii....... @lFor any highway improvement projects eligibile for funding under title 23, United States Code ....... 6.0

....... 204........ @lOklahoma....... @lFor any highway improvement projects eligibile for funding under title 23, United States Code ....... 59.0

* * * TABLE END * * *

(c) Allocation Percentages.-8 percent of the amount allocated by subsection (b) for each project authorized by subsection (b) shall be available for obligation in fiscal year 1992. 18.4 percent of such amount shall be available for obligation in each of fiscal years 1993, 1994, 1995, 1996, and 1997.

(d) Federal Share.-The Federal share payable on account of any project under this section shall be 80 percent of the cost thereof.

(e) Delegation to States.-Subject to the provisions of title 23, United States Code, the Secretary shall delegate responsibility for construction of a project or projects under this section to the State in which such project or projects are located upon request of such State.

(f) Advance Construction.-When a State which has been delegated responsibility for construction of a project under this section-

(1) has obligated all funds allocated under this section for construction of such project; and

(2) proceeds to construct such project without the aid of Federal funds in accordance with all procedures and all requirements applicable to such project, except insofar as such procedures and requirements limit the State to the construction of projects with the aid of Federal funds previously allocated to it;

the Secretary, upon the approval of the application of a State, shall pay to the State the Federal share of the cost of construction of the project when additional funds are allocated for such project under this section.

(g) Reports.-Not later than 1 year after completion of a project under this section, the State in which such project is located shall submit to the Secretary a report on the innovative techniques used in carrying out such project and on the results obtained through the use of such techniques.

(h) Applicability of Title 23.-Funds authorized by this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of any project under this section shall be determined in accordance with this section and such funds shall remain available until expended. Funds authorized by this section shall not be subject to any obligation limitation.

SEC. 1108. PRIORITY INTERMODAL PROJECTS.

(a) Purpose.-The purpose of this section is to provide for the construction of innovative intermodal transportation projects.

(b) Authorization of Priority Projects.-The Secretary is authorized to carry out the priority intermodal transportation projects described in this subsection. Subject to subsection (c), there is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for fiscal years 1992 through 1997 to carry out each such project the amount listed for each such project:

* * * TABLE START * * *

@h1@h1@h1CITY/STATE@h1INTERMODAL PROJECTS@h1AMOUNT in millions

....... 1........ @lLong Beach, California....... @lInterchange at Terminal Island Freeway and Ocean Boulevard....... 11.8

....... 2........ @lWilmington/Los Angeles, California....... @lWidening of Anaheim Street Viaduct....... 11.8

....... 3........ @lWilmington/Los Angeles, California....... @lGrade Separation Project of Pacific Coast Highway near Alameda Suite....... 11.8

....... 4........ @lCompton City/Los Angeles County, California....... @lWidening of Alameda Street and grade separation between Rt. 91 and Del Amo Boulevard....... 11.8

....... 5........ @lPennsylvania....... @lUpgrading U.S. Highway 30 from Ohio Border to Pittsburgh International Airport....... 3.2

....... 6........ @lPhiladelphia, Pennsylvania....... @lReconstruction of the Old Delaware Avenue Service Road....... 2.4

....... 7........ @lArdmore, Oklahoma....... @lStudy of upgraded State Route 53 off U.S. 35 leading to improved Ardmore Airport....... 2.5

....... 8........ @lDetroit, Michigan....... @lTo relocate Van Dyke Street and construct a road depression under the runway at McNichols Road at the Detroit City Airport ($1,000,000 of the Federal funds shall be for the relocation of Van Dyke Street)....... 4.3

....... 9........ @lE. Haven/Wallingford, Connecticut....... @lImprovement of highway and transit projects in East Haven/Wallingford, Connecticut ($8.8 million for East Haven Route 80, $2.4 million for Wallingford Im91, and $0.7 million for Wallingford Oakdale)....... 10.1

....... 10........ @lSt. Louis, Missouri....... @lRehabilitation of Eads Bridge, St. Louis, Missouri....... 8.9

....... 11........ @lAtlanta, Georgia....... @lStudy of 5Points Intermodal TerminalAtlanta, Georgia....... 2.4

....... 12........ @lBuffalo, New York....... @lConstruction of Buffalo River/Gateway Tunnel Project....... 20.2

....... 13........ @lNorthern California....... @lPurchase rightofway and develop a transportation corridor in existing rail rightofway from Larkspur to Korbel, and Novato to Lombard....... 15.1

....... 14........ @lPortland, Oregon....... @lTo widen 2.7 miles of U.S. 26 from the Zoo interchange to the Sylvan Interchange to accommodate highway lanes and light rail alignment....... 14.2

....... 15........ @lLos Angeles, California....... @lFor construction of a multimodal transit parkway that includes both highway and transit improvements on Santa Monica Blvd. from the San Diego Freeway to Hollywood Freeway, Los Angeles, California ....... 8.9

....... 16........ @lJacksonville, Florida....... @lConstruct new Im295 Interchange and arterial access road to link Jacksonville's seaport, airport terminals and the interstate....... 7.1

....... 17........ @lLas Vegas, Nevada....... @lConduct environmental studies and preliminary engineering for the western and northern portions of the project linking McCarran International Airport with Im15....... 3.8

....... 18........ @lOntario, California....... @lTo complete construction of access roads to Ontario International Airport, Ontario, California....... 4.7

....... 19........ @lAllegheny County, Pennsylvania....... @lFor an expansion of the existing Martin Luther King, Jr. Busway in the vicinity of Allegheny County, Pennsylvania to serve the Greater Pittsburgh International Airport and adjoining communities....... 21.7

....... 20........ @lPierce County, Washington....... @lConduct feasibility study and analyze expanding Tacoma Narrows Bridge and other transportation alternatives between State Rd. 16 and Im5....... 0.7

....... 21........ @lSan Jose, California....... @lUpgrade Rt. 87 from 4 to 6 lanes including 2 HOV Lanes, a new freeway interchange and local circulation system for San Jose International Airport....... 14.8

....... 22........ @lAmerican Samoa....... @lRehabilitate 8 miles of Tau Road from Falessao to Fatuita American Samoa....... 1.1

....... 23........ @lManu'a Island, American Samoa....... @lRehabilitate and otherwise improve 8 miles of roadway from Ofu to Olosfaga and Slie....... 1.2

....... 24........ @lSpokane, Washington....... @lConduct feasibility study of future transportation needs of Southeastern, Washington....... 0.8

....... 25........ @lDetroit, Michigan....... @lTo provide for construction of an access road to Detroit Metropolitan Airport including access on the southern end of the airport in order to provide a link to Im275....... 33.8

....... 26........ @lPittsburgh, Pennsylvania....... @lFor design and construction of an exclusive busway linking Pittsburgh and the Pittsburgh Airport....... 9.8

....... 27........ @lSt. Louis, Missouri....... @lTo construct a multimodal transportation facility in St. Louis, Missouri....... 5.9

....... 28........ @lOrange & Rockland, New York....... @lTo construct park and ride facilities and establish innovative traffic management system measures to promote efficient transportation usage....... 4.7

....... 29........ @lPhiladelphia, Pennsylvania....... @lTo improve mobility for a variety of traffic flow projects in the vicinity of the Pennsylvania Convention Center, Philadelphia, Pennsylvania....... 9.5

....... 30........ @lOxnard, California....... @lTo extend Rice Rd., widen Hueneme Rd. and construct Rt. 1/Rice Rd. interchange in order to improve access to Port Hueneme, Oxnard, California....... 8.9

....... 31........ @lLos Angeles, California....... @lTo improve ground access from Sepulveda Blvd. to Los Angeles, California....... 8.95

....... 32........ @lMt. Vernon, New York....... @lTo construct an intermodal facility at the Mt. Vernon Rail Station, Mt. Vernon, New York....... 7.1

....... 33........ @lOrange County, New York....... @lIm87/Im84 Stuart Airport Interchange Project....... 15.7

....... 34........ @lMississippi....... @lIm20 Interchange at Pirate....... 3.4

....... 35........ @lJackson, Mississippi....... @lJackson Airport Connectors....... 3.1

....... 36........ @lPalmdale, California....... @lAvenue P8 Improvements....... 3.6

....... 37........ @lLafayette, Indiana....... @lLafayette Railroad Relocation Project....... 24.3

....... 38........ @lProvo, Utah....... @lSouth Access Rd. to Provo Municipal Airport....... 1.0

....... 39........ @lPennsylvania....... @lEastside Connector Project/Port of Erie Access, Erie County, Pennsylvania....... 7.5

....... 40........ @lMinneapolis, Minnesota....... @lIntermodal Urban connection project, Minneapolis, Minnesota....... 19.9

....... 41........ @lKansas City, Missouri....... @lBruce Watkins Roadway Improvements....... 1.4

....... 42........ @lMissouri....... @lSmith Riverfront Expressway, Jackson/Kansas City, Missouri....... 12.7

....... 43........ @lPortland, Oregon....... @lColumbia Slough Intermodal Expansion Bridge, Portland, Oregon....... 2.1

....... 44........ @lFt. Worth, Texas....... @lFt. Worth Intermodal Center....... 13.4

....... 45........ @lGary, Indiana....... @lExtension of U.S. Highway 12/20 to Lake Michigan....... 2.2

....... 46........ @lCarson/Los Angeles Counties, California....... @lGrade Separation Project at Sepulveda Boulevard and Alameda Street....... 9.5

....... 47........ @lWilliamson, Travis, Caldwell, and Guadalupe, Texas....... @lFeasibility studies (including the effect of closing Bergstrom AFB on traffic corridor), Route studies, preliminary engineering, and rightofway acquisition for Alternate Route to relieve ImH35 traffic congestion....... 5.2

....... 48........ @lAugusta, Georgia....... @lRailroad relocation demonstration project, overpass at 15th Street and Greene Street....... 5.9

....... 49........ @lLouisiana ....... @lSaint Bernard Intermodal Facility Engineering, Design, and Construction ....... 10.2

....... 50........ @lIllinois....... @lInterstate 255 Interchange....... 3.4

....... 51........ @lLong Beach, California....... @lLong Beach Airport Access....... 8.5

* * * TABLE END * * *

(c) Allocation Percentages.-8 percent of the amount allocated by subsection (b) for each project authorized by subsection (b) shall be available for obligation in fiscal year 1992. 18.4 percent of such amount shall be available for obligation in each of fiscal years 1993, 1994, 1995, 1996, and 1997.

(d) Federal Share.-The Federal share payable on account of any project under this section shall be 80 percent of the cost thereof.

(e) Delegation to States.-Subject to the provisions of title 23, United States Code, the Secretary shall delegate responsibility for construction of a project or projects under this section to the State in which such project or projects are located upon request of such State.

(f) Advance Construction.-When a State which has been delegated responsibility for construction of a project under this section-

(1) has obligated all funds allocated under this section for construction of such project; and

(2) proceeds to construct such project without the aid of Federal funds in accordance with all procedures and all requirements applicable to such project, except insofar as such procedures and requirements limit the State to the construction of projects with the aid of Federal funds previously allo_cated to it;

the Secretary, upon the approval of the application of a State, shall pay to the State the Federal share of the cost of construction of the project when additional funds are allocated for such project under this section.

(g) Applicability of Title 23.-Funds authorized by this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of any project under this section shall be determined in accordance with this section and such funds shall remain available until expended. Funds authorized by this section shall not be subject to any obligation limitation.

(h) Highway and Mass Transit Projects.-Each project authorized by this section or by any other section of this Act is a highway or an urban mass transportation project.

SEC. 1109. INFRASTRUCTURE AWARENESS PROGRAM.

(a) In General.-For the purpose of creating an awareness by the public and State and local governments of the state of the Nation's infrastructure and to encourage and stimulate efforts by the public and such governments to undertake studies and projects to improve the infrastructure, the Secretary is authorized to fund the production of a documentary in cooperation with a notforprofit national public television station.

(b) Funding.-There is authorized to be appropriated to the Secretary to carry out this section $2,000,000 for fiscal years beginning after September 30, 1991, out of the Highway Trust Fund (other than the Mass Transit Account), which shall remain available until expended. All of the provisions of chapter 1 of title 23, United States Code, shall apply to the funds provided under this section. This section shall not be subject to any obligation limitation.

PART B-NATIONAL RECREATIONAL TRAILS FUND ACT

SEC. 1301. SHORT TITLE.

This part may be cited as the ``Symms National Recreational Trails Act of 1991''.

SEC. 1302. NATIONAL RECREATIONAL TRAILS FUNDING PROGRAM.

(a) In General.-The Secretary, in consultation with the Secretary of the Interior, using amounts available in the Fund, shall administer a program allocating moneys to the States for the purposes of providing and maintaining recreational trails.

(b) Statement of Intent.-Moneys made available under this part are to be used on trails and trailrelated projects which have been planned and developed under the otherwise existing laws, policies and administrative procedures within each State, and which are identified in, or which further a specific goal of, a trail plan included or referenced in a Statewide Comprehensive Outdoor Recreation Plan required by the Land and Water Conservation Fund Act.

(c) State Eligibility.-

(1) Transitional provision.-Until the date that is 3 years after the date of enactment of this part, a State shall be eligible to receive moneys under this Act only if such State's application proposes to use the moneys as provided in subsection (e).

(2) Permanent provision.-On and after the date that is three years after the date of the enactment of this Act, a State shall be eligible to receive moneys under this part only if-

(A) a recreational trail advisory board on which both motorized and nonmotorized recreational trail users are represented exists within the State;

(B) in the case of a State that imposes a tax on nonhighway recreational fuel, the State by law reserves a reasonable estimation of the revenues from that tax for use in providing and maintaining recreational trails;

(C) the Governor of the State has designated the State official or officials who will be responsible for administering moneys received under this Act; and

(D) the State's application proposes to use moneys _received under this part as provided in subsection (e).

(d) Allocation of Moneys in the Fund.-

(1) Administrative costs.-No more than 3 percent of the expenditures made annually from the Fund may be used to pay the cost to the Secretary for-

(A) approving applications of States for moneys under this part;

(B) paying expenses of the National Recreational Trails Advisory Committee;

(C) conducting national surveys of nonhighway recreational fuel consumption by State, for use in making determinations and estimations pursuant to this part; and

(D) if any such funds remain unexpended, research on methods to accommodate multiple trail uses and increase the compatibility of those uses, information dissemination, technical assistance, and preparation of a national trail plan as required by the National Trails System Act (16 U.S.C. 1241 et al).

(2) Allocation to states.-

(A) Amount.-Amounts in the Fund remaining after payment of the administrative costs described in paragraph (1), shall be allocated and paid to the States annually in the following proportions:

(i) Equal amounts.-50 percent of such amounts shall be allocated equally among eligible States.

(ii) Amounts proportionate to nonhighway recreational fuel use.-50 percent of such amounts shall be allocated among eligible States in proportion to the amount of nonhighway recreational fuel use during the preceding year in each such State, respectively.

(B) Use ~~~of ~~~data.-In ~~~determining ~~~amounts ~~~of _nonhighway recreational fuel use for the purpose of subparagraph (A)(ii), the Secretary may consider data on offhighway vehicle registrations in each State.

(3) Limitation on obligations.-The provisions of paragraphs (1) and (2) notwithstanding, the total of all obligations for recreational trails under this section shall not exceed-

(A) $30,000,000 for fiscal year 1992;

(B) $30,000,000 for fiscal year 1993;

(C) $30,000,000 for fiscal year 1994;

(D) $30,000,000 for fiscal year 1995;

(E) $30,000,000 for fiscal year 1996; and

(F) $30,000,000 for fiscal year 1997.

(e) Use of Allocated Moneys.-

(1) Permissible uses.-A State may use moneys received under this part for-

(A) in an amount not exceeding 7 percent of the amount of moneys received by the State, administrative costs of the State;

(B) in an amount not exceeding 5 percent of the amount of moneys received by the State, operation of environmental protection and safety education programs relating to the use of recreational trails;

(C) development of urban trail linkages near homes and workplaces;

(D) maintenance of existing recreational trails, including the grooming and maintenance of trails across snow;

(E) restoration of areas damaged by usage of recreational trails and back country terrain;

(F) development of trailside and trailhead facilities that meet goals identified by the National Recreational Trails Advisory Committee;

(G) provision of features which facilitate the access and use of trails by persons with disabilities;

(H) acquisition of easements for trails, or for trail corridors identified in a State trail plan;

(I) acquisition of fee simple title to property from a willing seller, when the objective of the acquisition cannot be accomplished by acquisition of an easement or by other means;

(J) construction of new trails on State, county, municipal, or private lands, where a recreational need for such construction is shown; and

(K) only as otherwise permissible, and where necessary and required by a State Comprehensive Outdoor Recreation plan, construction of new trails crossing Federal lands, where such construction is approved by the administering agency of the State, and the Federal agency or agencies charged with management of all impacted lands, such approval to be contingent upon compliance by the Federal agency with all applicable laws, including the National Environmental Policy Act (42 U.S.C. 4321 et seq.), the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended (16 U.S.C. 1600 et seq.), and the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.).

(2) Use not permitted.-A State may not use moneys _received under this part for-

(A) condemnation of any kind of interest in property;

(B)(i) construction of any recreational trail on National Forest System lands for motorized uses unless such lands-

(I) have been allocated for uses other than wilderness by an approved Forest land and resource management plan or have been released to uses other than wilderness by an Act of Congress, and

(II) such construction is otherwise consistent with the management direction ~~~in ~~~such ~~~approved ~~~land ~~~and _resource management plan; or

(ii) construction of any recreational trail on Bureau of Land Management lands for motorized uses unless such lands-

(I) have been allocated for uses other than wilderness by an approved Bureau of Land Management resource management plan or have been released to uses other than wilderness by an Act of Congress, and

(II) such construction is otherwise consistent with the management direction in such approved management plans; or

(C) upgrading, expanding, or otherwise facilitating motorized use or access to trails predominantly used by nonmotorized trail users and on which, as of May 1, 1991, motorized use is either prohibited or has not occurred.

(3) Grants.-

(A) In general.-A State may provide moneys received under this part to make grants to private individuals, organizations, city and county governments, and other government entities as approved by the State after considering guidance from the recreational trail advisory board satisfying the requirements of subsection (c)(2)(A), for uses consistent with this section.

(B) Compliance.-A State that issues such grants under subparagraph (A) shall establish measures to verify that recipients comply with the specified conditions for the use of grant moneys.

(4) Assured access to funds.-Except as provided under paragraphs (6) and (8)(B), not less than 30 percent of the moneys received annually by a State under this part shall be reserved for uses relating to motorized recreation, and not less than 30 percent of those moneys shall be reserved for uses relating to nonmotorized recreation.

(5) Diversified trail use.-

(A) Requirement.-To the extent practicable and consistent with other requirements of this section, a State shall expend moneys received under this part in a manner that gives preference to project proposals which-

(i) provide for the greatest number of compatible recreational purposes including, but not limited to, those described under the definition of ``recreational trail'' in subsection (g)(5); or

(ii) provide for innovative recreational trail corridor sharing to accommodate motorized and nonmotorized recreational trail use.

This paragraph shall remain effective until such time as a State has allocated not less than 40 percent of moneys received under this part in the aforementioned manner.

(B) Compliance.-The State shall receive guidance for determining compliance with subparagraph (A) from the recreational trail advisory board satisfying the requirements of subsection (c)(2)(A).

(6) Small state exclusion.-Any State with a total land area of less than 3,500,000 acres, and in which nonhighway recreational fuel use accounts for less than 1 percent of all such fuel use in the United States, shall be exempted from the requirements of paragraph (4) of this subsection upon application to the Secretary by the State demonstrating that it meets the conditions of this paragraph.

(7) Continuing recreational use.-At the option of each State, moneys made available pursuant to this part may be treated as Land and Water Conservation Fund moneys for the purposes of section 6(f)(3) of the Land and Water Conservation Fund Act.

(8) Return of moneys not expended.-

(A) Except as provided in subparagraph (B), moneys paid to a State that are not expended or dedicated to a specific project within 4 years after receipt for the purposes stated in this subsection shall be returned to the Fund and shall thereafter be reallocated under the formula stated in subsection (d).

(B) If approved by the State recreational trail advisory board satisfying the requirements of subsection (c)(2)(A), may be exempted from the requirements of paragraph (4) and expended or committed to projects for purposes otherwise stated in this subsection for a period not to extend beyond 4 years after receipt, after which any remaining moneys not expended or dedicated shall be returned to the Fund and shall thereafter be reallocated under the formula stated in subsection (d).

(f) Coordination of Activities.-

(1) Cooperation by federal agencies.-Each agency of the United States Government that manages land on which a State proposes to construct or maintain a recreation trail pursuant to this part is encouraged to cooperate with the State and the Secretary in planning and carrying out the activities described in subsection (e). Nothing in this part diminishes or in any way alters the land management responsibilities, plans and policies established by such agencies pursuant to other applicable laws.

(2) Cooperation by private persons.-

(A) Written assurances.-As a condition to making available moneys for work on recreational trails that would affect privately owned land, a State shall obtain written assurances that the owner of the property will cooperate with the State and participate as necessary in the activities to be conducted.

(B) Public access.-Any use of a State's allocated moneys on private lands must be accompanied by an easement or other legally binding agreement that ensures public access to the recreational trail improvements funded by those moneys.

(g) Definitions.-For the purposes of this section-

(1) Eligible state.-The term ``eligible State'' means a State that meets the requirements stated in subsection (c).

(2) Fund.-The term ``Fund'' means the National Recreational Trails Trust Fund established by section 9511 of the Internal Revenue Code of 1986.

(3) Nonhighway recreational fuel.-The term ``nonhighway recreational fuel'' has the meaning stated in section 9503(c)(6) of the Internal Revenue Code of 1986.

(4) Secretary.-The term ``Secretary'' means the Secretary of Transportation.

(5) Recreational trail.-The term ``recreational trail'' means a thoroughfare or track across land or snow, used for recreational purposes such as bicycling, crosscountry skiing, day hiking, equestrian activities, jogging or similar fitness activities, trail biking, overnight and longdistance backpacking, snowmobiling, aquatic or water activity and vehicular travel by motorcycle, fourwheel drive or allterrain offroad vehicles, without regard to whether it is a ``National Recreation Trail'' designated under section 4 of the National Trails System Act (16 U.S.C. 1243).

(6) Motorized recreation.-The term ``motorized recreation'' may not include motorized conveyances used by persons with disabilities, such as selfpropelled wheelchairs, at the discretion of each State.

SEC. 1303. NATIONAL RECREATIONAL TRAILS ADVISORY COMMITTEE.

(a) Establishment.-There is established the National Recreational Trails Advisory Committee.

(b) Members.-There shall be 11 members of the advisory committee, consisting of-

(1) 8 members appointed by the Secretary from nominations submitted by recreational trail user organizations, one each representing the following recreational trail uses:

(A) hiking,

(B) crosscountry skiing,

(C) offhighway motorcycling,

(D) snowmobiling,

(E) horseback riding,

(F) allterrain vehicle riding,

(G) bicycling, and

(H) fourwheel driving;

(2) an appropriate official of government with a background in science or natural resources management, including any official of State or local government, designated by the Secretary;

(3) 1 member appointed by the Secretary from nominations submitted by water trail user organizations; and

(4) 1 member appointed by the Secretary from nominations submitted by hunting and fishing enthusiast organizations.

(c) Chairman.-The Chair of the advisory committee shall be the government official referenced in subsection (b)(2), who shall serve as a nonvoting member.

(d) Support for Committee Action.-Any action, recommendation, or policy of the advisory committee must be supported by at least five of the members appointed under subsection (b)(1).

(e) Terms.-Members of the advisory committee appointed by the Secretary shall be appointed for terms of three years, except that the members filling five of the eleven positions shall be initially appointed for terms of two years, with subsequent appointments to those positions extending for terms of three years.

(f) Duties.-The advisory committee shall meet at least twice annually to-

(1) review utilization of allocated moneys by States;

(2) establish and review criteria for trailside and trailhead facilities that qualify for funding under this part; and

(3) make recommendations to the Secretary for changes in Federal policy to advance the purposes of this part.

(g) Annual Report.-The advisory committee shall present to the Secretary an annual report on its activities.

(h) Reimbursement for Expenses.-Nongovernmental members of the advisory committee shall serve without pay, but, to the extent funds are available pursuant to section 1302(d)(1)(B), shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties.

(i) Report to Congress.-Not later than 4 years after the date of the enactment of this Act, the Secretary shall prepare and submit to the Committee on Environment and Public Works of the Senate, and the Committee on Public Works and Transportation of the House of Representatives, a study which summarizes the annual reports of the National Recreational Trails Advisory Committee, describes the allocation and utilization of moneys under this part, and contains recommendations for changes in Federal policy to advance the purposes of this part.