PLAW-105 Publ 178

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 107

Public Law 105–178
105th Congress
An Act
To authorize funds for Federal-aid highways, highway safety programs, and 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; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Transportation
Equity Act for the 21st Century’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Programs
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1101.
1102.
1103.
1104.
1105.
1106.
1107.
1108.
1109.
1110.
1111.
1112.
1113.
1114.
1115.
1116.
1117.
1118.
1119.

Authorization of appropriations.
Obligation ceiling.
Apportionments.
Minimum guarantee.
Revenue aligned budget authority.
Federal-aid systems.
Interstate maintenance program.
Surface transportation program.
Highway bridge program.
Congestion mitigation and air quality improvement program.
Federal share.
Recreational trails program.
Emergency relief.
Highway use tax evasion projects.
Federal lands highways program.
Woodrow Wilson Memorial Bridge.
Appalachian development highway system.
National corridor planning and development program.
Coordinated border infrastructure and safety program.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1201.
1202.
1203.
1204.
1205.
1206.
1207.
1208.
1209.
1210.
1211.
1212.
1213.
1214.

Subtitle B—General Provisions
Definitions.
Bicycle transportation and pedestrian walkways.
Metropolitan planning.
Statewide planning.
Contracting for engineering and design services.
Access of motorcycles.
Construction of ferry boats and ferry terminal facilities.
Training.
Use of HOV lanes by inherently low-emission vehicles.
Advanced travel forecasting procedures program.
Amendments to prior surface transportation laws.
Miscellaneous.
Studies and reports.
Federal activities.

June 9, 1998
[H.R. 2400]
Transportation
Equity Act for
the 21st Century.
Grants.
Intergovernmental
relations.
Loans.
23 USC 101 note.

112 STAT. 108

PUBLIC LAW 105–178—JUNE 9, 1998

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1215.
1216.
1217.
1218.
1219.
1220.
1221.
1222.

Designated transportation enhancement activities.
Innovative surface transportation financing methods.
Eligibility.
Magnetic levitation transportation technology deployment program.
National scenic byways program.
Elimination of regional office responsibilities.
Transportation and community and system preservation pilot program.
Additions to Appalachian region.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1301.
1302.
1303.
1304.
1305.
1306.
1307.
1309.
1309.
1310.

Subtitle C—Program Streamlining and Flexibility
Real property acquisition and corridor preservation.
Payments to States for construction.
Proceeds from the sale or lease of real property.
Engineering cost reimbursement.
Project approval and oversight.
Standards.
Design-build contracting.
Major investment study integration.
Environmental streamlining.
Uniform transferability of Federal-aid highway funds.

Subtitle D—Safety
Sec. 1401. Hazard elimination program.
Sec. 1402. Roadside safety technologies.
Sec. 1403. Safety incentive grants for use of seat belts.
Sec.
Sec.
Sec.
Sec.

1501.
1502.
1503.
1504.

Subtitle E—Finance
Short title.
Findings.
Establishment of program.
Duties of the Secretary.

Subtitle F—High Priority Projects
Sec. 1601. High priority projects program.
Sec. 1602. Project authorizations.
Sec. 1603. Special rule.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2001.
2002.
2003.
2004.
2005.
2006.
2007.
2008.
2009.

TITLE II—HIGHWAY SAFETY
Highway safety programs.
Highway safety research and development.
Occupant protection.
Alcohol-impaired driving countermeasures.
State highway safety data improvements.
National Driver Register.
Safety studies.
Effectiveness of laws establishing maximum blood alcohol concentrations.
Authorizations of appropriations.

TITLE III—FEDERAL TRANSIT ADMINISTRATION PROGRAMS
3001. Short title.
3002. Amendments to title 49, United States Code.
3003. Definitions.
3004. Metropolitan planning.
3005. Transportation improvement program.
3006. Transportation management areas.
3007. Urbanized area formula grants.
3008. Clean fuels formula grant program.
3009. Capital investment grants and loans.
3010. Dollar value of mobility improvements.
3011. Local share.
3012. Intelligent transportation systems applications.
3013. Formula grants and loans for special needs of elderly individuals and individuals with disabilities.
3014. Formula program for other than urbanized areas.
3015. Research, development, demonstration, and training projects.
3016. National planning and research programs.
3017. National Transit Institute.
3018. Bus testing facilities.
3019. Bicycle facilities.
3020. General provisions on assistance.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 109

Sec. 3021. Pilot program for intercity rail infrastructure investment from mass transit account of highway trust fund.
Sec. 3022. Contract requirements.
Sec. 3023. Special procurements.
Sec. 3024. Project management oversight and review.
Sec. 3025. Administrative procedures.
Sec. 3026. Reports and audits.
Sec. 3027. Apportionment of appropriations for formula grants.
Sec. 3028. Apportionment of appropriations for fixed guideway modernization.
Sec. 3029. Authorizations.
Sec. 3030. Projects for new fixed guideway systems and extensions to existing systems.
Sec. 3031. Projects for bus and bus-related facilities.
Sec. 3032. Contracting out study.
Sec. 3033. Urbanized area formula study.
Sec. 3034. Coordinated transportation services.
Sec. 3035. Final assembly of buses.
Sec. 3036. Clean fuel vehicles.
Sec. 3037. Job access and reverse commute grants.
Sec. 3038. Rural transportation accessibility incentive program.
Sec. 3039. Study of transit needs in national parks and related public lands.
Sec. 3040. Obligation ceiling.
Sec. 3041. Adjustments for the Surface Transportation Extension Act of 1997.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

4001.
4002.
4003.
4004.
4005.
4006.
4007.
4008.
4009.
4010.
4011.
4012.

Sec. 4013.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

4014.
4015.
4016.
4017.
4018.
4019.
4020.
4021.
4022.
4023.
4024.
4025.
4026.
4027.
4028.
4029.
4030.
4031.
4032.

TITLE IV—MOTOR CARRIER SAFETY
Amendments to title 49, United States Code.
Statement of purposes.
State grants.
Information systems.
Automobile transporter defined.
Inspections and reports.
Waivers, exemptions, and pilot programs.
Safety regulation.
Safety fitness.
Repeal of certain obsolete miscellaneous authorities.
Commercial vehicle operators.
Exemption from certain regulations for utility service commercial motor
vehicle drivers.
Participation in international registration plan and international fuel tax
agreement.
Safety performance history of new drivers; limitation on liability.
Penalties.
Authority over charter bus transportation.
Telephone hotline for reporting safety violations.
Insulin treated diabetes mellitus.
Performance-based CDL testing.
Post-accident alcohol testing.
Driver fatigue.
Improved flow of driver history pilot program.
Employee protections.
Improved interstate school bus safety.
Truck trailer conspicuity.
DOT implementation plan.
Study of adequacy of parking facilities.
Qualifications of foreign motor carriers.
Federal motor carrier safety inspectors.
School transportation safety.
Designation of New Mexico commercial zone.
Effects of MCSAP grant reductions.
TITLE V—TRANSPORTATION RESEARCH

Subtitle A—Funding
Sec. 5001. Authorization of appropriations.
Sec. 5002. Obligation ceiling.
Sec. 5003. Notice.
Subtitle B—Research and Technology
Sec. 5101. Research and technology program.
Sec. 5102. Surface transportation research.
Sec. 5103. Technology deployment.

112 STAT. 110

PUBLIC LAW 105–178—JUNE 9, 1998

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

5104.
5105.
5106.
5107.
5108.
5109.
5110.
5111.
5112.
5113.

Training and education.
State planning and research.
International highway transportation outreach program.
Surface transportation-environment cooperative research program.
Surface transportation research strategic planning.
Bureau of Transportation Statistics.
University transportation research.
Advanced vehicle technologies program.
Study of future strategic highway research program.
Commercial remote sensing products and spatial information technologies.
Sense of the Congress on the year 2000 problem.
International trade traffic.
University grants.
Transportation technology innovation and demonstration program.
Drexel University Intelligent Infrastructure Institute.
Conforming amendments.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

5114.
5115.
5116.
5117.
5118.
5119.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

5201.
5202.
5203.
5204.
5205.
5206.
5207.
5208.
5209.

Sec.
Sec.
Sec.
Sec.

5210.
5211.
5212.
5213.

Sec.
Sec.
Sec.
Sec.

TITLE VI—OZONE AND PARTICULATE MATTER STANDARDS
6101. Findings and purpose.
6102. Particulate matter monitoring program.
6103. Ozone designation requirements.
6104. Additional provisions.

Subtitle C—Intelligent Transportation Systems
Short title.
Findings.
Goals and purposes.
General authorities and requirements.
National ITS program plan.
National architecture and standards.
Research and development.
Intelligent transportation system integration program.
Commercial vehicle intelligent transportation system infrastructure deployment.
Use of funds.
Definitions.
Project funding.
Repeal.

TITLE VII—MISCELLANEOUS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

7101.
7102.
7103.
7104.
7105.
7106.
7107.

Subtitle A—Automobile Safety and Information
Short title.
Authorization of appropriations.
Improving air bag safety.
Restrictions on lobbying activities.
Odometers.
Miscellaneous amendments.
Importation of motor vehicle for show or display.

Sec.
Sec.
Sec.
Sec.

7201.
7202.
7203.
7204.

Subtitle B—Railroads
High-speed rail.
Light density rail line pilot projects.
Railroad rehabilitation and improvement financing.
Alaska Railroad.

Subtitle C—Comprehensive One-Call Notification
Sec. 7301. Findings.
Sec. 7302. One-call notification programs.
Sec.
Sec.
Sec.
Sec.
Sec.

7401.
7402.
7403.
7404.
7405.

Subtitle D—Sportfishing and Boating Safety
Short title; amendment of 1950 Act.
Outreach and communications programs.
Clean Vessel Act funding.
Boating infrastructure.
Boat safety funds.

TITLE VIII—TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE
AND BUDGET OFFSETS
Subtitle A—Transportation Discretionary Spending Guarantee
Sec. 8101. Discretionary spending categories.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 111

Sec. 8102. Conforming the Paygo Scorecard with this Act.
Sec. 8103. Level of obligation limitations.
Subtitle B—Veterans’ Benefits
Sec. 8201. Short title.
Sec. 8202. Prohibition on establishment of service-connection for disabilities relating
to use of tobacco products.
Sec. 8203. Twenty percent increase in rates of basic educational assistance under
Montgomery GI Bill.
Sec. 8204. Increase in assistance amount for specially adapted housing.
Sec. 8205. Increase in amount of assistance for automobile and adaptive equipment
for certain disabled veterans.
Sec. 8206. Increase in aid and attendance rates for veterans eligible for pension.
Sec. 8207. Eligibility of certain remarried surviving spouses for reinstatement of dependency and indemnity compensation upon termination of that remarriage.
Sec. 8208. Extension of prior revision to offset rule for Department of Defense special separation benefit program.
Sec. 8209. Sense of the Congress concerning recovery from tobacco companies of
costs of treatment of veterans for tobacco-related illnesses.
Subtitle C—Temporary Student Loan Provision.
Sec. 8301. Temporary student loan provision.
Subtitle D—Block Grants for Social Services
Sec. 8401. Block grants for social services.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE IX—AMENDMENTS OF INTERNAL REVENUE CODE OF 1986
9001. Short title; amendment of 1986 Code.
9002. Extension of highway-related taxes and trust fund.
9003. Extension and modification of tax benefits for alcohol fuels.
9004. Modifications to Highway Trust Fund.
9005. Provisions relating to Aquatic Resources Trust Fund.
9006. Repeal of 1.25 cent tax rate on rail diesel fuel.
9007. Additional qualified expenses available to non-Amtrak States.
9008. Delay in effective date of new requirement for approved diesel or kerosene terminals.
9009. Simplified fuel tax refund procedures.
9010. Election to receive taxable cash compensation in lieu of nontaxable qualified transportation fringe benefits.
9011. Repeal of National Recreational Trails Trust Fund.
9012. Identification of limited tax benefits subject to line item veto.

SEC. 2. DEFINITIONS.

In this Act, the following definitions apply:
(1) INTERSTATE SYSTEM.—The term ‘‘Interstate System’’ has
the meaning such term has under section 101 of title 23,
United States Code.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Transportation.

TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) INTERSTATE MAINTENANCE PROGRAM.—For the Interstate maintenance program under section 119 of title 23, United
States Code, $3,427,341,000 for fiscal year 1998, $3,957,103,000
for fiscal year 1999, $3,994,524,000 for fiscal year 2000,
$4,073,322,000 for fiscal year 2001, $4,139,630,000 for fiscal
year 2002, and $4,217,635,000 for fiscal year 2003.

23 USC 101 note.

112 STAT. 112

PUBLIC LAW 105–178—JUNE 9, 1998
(2) NATIONAL HIGHWAY SYSTEM.—For the National Highway
System under section 103 of such title $4,112,480,000 for fiscal
year 1998, $4,748,523,000 for fiscal year 1999, $4,793,429,000
for fiscal year 2000, $4,887,986,000 for fiscal year 2001,
$4,967,556,000 for fiscal year 2002, and $5,061,162,000 for fiscal
year 2003.
(3) BRIDGE PROGRAM.—For the bridge program under section 144 of such title $2,941,454,000 for fiscal year 1998,
$3,395,354,000 for fiscal year 1999, $3,427,472,000 for fiscal
year 2000, $3,495,104,000 for fiscal year 2001, $3,552,016,000
for fiscal year 2002, and $3,618,966,000 for fiscal year 2003.
(4) SURFACE TRANSPORTATION PROGRAM.—For the surface
transportation program under section 133 of such title
$4,797,620,000 for fiscal year 1998, $5,539,944,000 for fiscal
year 1999, $5,592,333,000 for fiscal year 2000, $5,702,651,000
for fiscal year 2001, $5,795,482,000 for fiscal year 2002, and
$5,904,689,000 for fiscal year 2003.
(5) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.—For the congestion mitigation and air quality
improvement program under section 149 of such title
$1,192,619,000 for fiscal year 1998, $1,345,415,000 for fiscal
year 1999, $1,358,138,000 for fiscal year 2000, $1,384,930,000
for fiscal year 2001, $1,407,474,000 for fiscal year 2002, and
$1,433,996,000 for fiscal year 2003.
(6) APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM PROGRAM.—For the Appalachian development highway system program under section 201 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) $450,000,000 for each of
fiscal years 1999 through 2003.
(7) RECREATIONAL TRAILS PROGRAM.—For the recreational
trails program under section 206 of such title $30,000,000 for
fiscal year 1998, $40,000,000 for fiscal year 1999, and
$50,000,000 for each of fiscal years 2000 through 2003.
(8) FEDERAL LANDS HIGHWAYS PROGRAM.—
(A) INDIAN RESERVATION ROADS.—For Indian reservation roads under section 204 of such title $225,000,000
for fiscal year 1998 and $275,000,000 for each of fiscal
years 1999 through 2003.
(B) PUBLIC LANDS HIGHWAYS.—For public lands highways under section 204 of such title $196,000,000 for fiscal
year 1998 and $246,000,000 for each of fiscal years 1999
through 2003.
(C) PARK ROADS AND PARKWAYS.—For park roads and
parkways under section 204 of such title $115,000,000 for
fiscal year 1998 and $165,000,000 for each of fiscal years
1999 through 2003.
(D) REFUGE ROADS.—For refuge roads under section
204 of such title $20,000,000 for each of fiscal years 1999
through 2003.
(9) NATIONAL CORRIDOR PLANNING AND DEVELOPMENT AND
COORDINATED BORDER INFRASTRUCTURE PROGRAMS.—For the
national corridor planning and development and coordinated
border infrastructure programs under sections 1118 and 1119
of this Act $140,000,000 for each of fiscal years 1999 through
2003.
(10) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.—For construction of ferry boats and ferry terminal

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 113

facilities under section 1064 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note;
105 Stat. 2005) $30,000,000 for each of fiscal year 1998 and
$38,000,000 for each of fiscal years 1999 through 2003.
(11) NATIONAL SCENIC BYWAYS PROGRAM.—For the national
scenic byways program under section 162 of title 23, United
States Code, $23,500,000 for each of fiscal years 1998 and
1999, $24,500,000 for each of fiscal years 2000 and 2001, and
$25,500,000 for fiscal year 2002, and $26,500,000 for fiscal
year 2003.
(12) VALUE PRICING PILOT PROGRAM.—For the value pricing
pilot program under section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note;
105 Stat. 1938) $7,000,000 for fiscal year 1999, and $11,000,000
for each of fiscal years 2000 through 2003.
(13) HIGH PRIORITY PROJECTS PROGRAM.—For the high
priority projects program under section 117 of title 23, United
States Code, $1,025,695,000 for fiscal year 1998, $1,398,675,000
for fiscal year 1999, $1,678,410,000 for fiscal year 2000,
$1,678,410,000 for fiscal year 2001, $1,771,655,000 for fiscal
year 2002, and $1,771,655,000 for fiscal year 2003.
(14) HIGHWAY USE TAX EVASION PROJECTS.—For highway
use tax evasion projects under section 143 of such title
$5,000,000 for each of fiscal years 1998 through 2003.
(15) COMMONWEALTH OF PUERTO RICO HIGHWAY PROGRAM.—
For the Commonwealth of Puerto Rico highway program under
section 1214(r) of this Act $110,000,000 for fiscal years 1998
through 2003.
(b) DISADVANTAGED BUSINESS ENTERPRISES.—
(1) GENERAL RULE.—Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts
made available for any program under titles I, III, and V
of this Act shall be expended with small business concerns
owned and controlled by socially and economically disadvantaged individuals.
(2) DEFINITIONS.—In 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 $16,600,000, 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)

23 USC 101 note.

Notification.

112 STAT. 114

Reports.

PUBLIC LAW 105–178—JUNE 9, 1998
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 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 on-site visits, personal interviews, licenses, analysis of stock ownership, listing of equipment, analysis of bonding
capacity, listing of work completed, re´sume´ of principal owners,
financial capacity, and type of work preferred.
(5) COMPLIANCE WITH COURT ORDERS.—Nothing in this subsection limits the eligibility of an entity or person to receive
funds made available under titles I, III, and V of this Act,
if the entity or person is prevented, in whole or in part, from
complying with paragraph (1) because a Federal court issues
a final order in which the court finds that the requirement
of paragraph (1), or the program established under paragraph
(1), is unconstitutional.
(6) REVIEW BY COMPTROLLER GENERAL.—Not later than
3 years after the date of enactment of this Act, the Comptroller
General of the United States shall conduct a review of, and
publish and report to Congress findings and conclusions on,
the impact throughout the United States of administering the
requirement of paragraph (1), including an analysis of—
(A) in the case of small business concerns certified
in each State under paragraph (4) as owned and controlled
by socially and economically disadvantaged individuals—
(i) the number of the small business concerns;
and
(ii) the participation rates of the small business
concerns in prime contracts and subcontracts funded
under titles I, III, and V of this Act;
(B) in the case of small business concerns described
in subparagraph (A) that receive prime contracts and subcontracts funded under titles I, III, and V of this Act—
(i) the number of the small business concerns;
(ii) the annual gross receipts of the small business
concerns; and
(iii) the net worth of socially and economically
disadvantaged individuals that own and control the
small business concerns;
(C) in the case of small business concerns described
in subparagraph (A) that do not receive prime contracts
and subcontracts funded under titles I, III, and V of this
Act—
(i) the annual gross receipts of the small business
concerns; and
(ii) the net worth of socially and economically disadvantaged individuals that own and control the small
business concerns;
(D) in the case of business concerns that receive prime
contracts and subcontracts funded under titles I, III, and

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 115

V of this Act, other than small business concerns described
in subparagraph (B)—
(i) the annual gross receipts of the business concerns; and
(ii) the net worth of individuals that own and
control the business concerns;
(E) the rate of graduation from any programs carried
out to comply with the requirement of paragraph (1) for
small business concerns owned and controlled by socially
and economically disadvantaged individuals;
(F) the overall cost of administering the requirement
of paragraph (1), including administrative costs, certification costs, additional construction costs, and litigation
costs;
(G) any discrimination on the basis of race, color,
national origin, or sex against small business concerns
owned and controlled by socially and economically disadvantaged individuals;
(H)(i) any other factors limiting the ability of small
business concerns owned and controlled by socially and
economically disadvantaged individuals to compete for
prime contracts and subcontracts funded under titles I,
III, and V of this Act; and
(ii) the extent to which any of those factors are caused,
in whole or in part, by discrimination based on race, color,
national origin, or sex;
(I) any discrimination, on the basis of race, color,
national origin, or sex, against construction companies
owned and controlled by socially and economically disadvantaged individuals in public and private transportation
contracting and the financial, credit, insurance, and bond
markets;
(J) the impact on small business concerns owned and
controlled by socially and economically disadvantaged
individuals of—
(i) the issuance of a final order described in paragraph (5) by a Federal court that suspends a program
established under paragraph (1); or
(ii) the repeal or suspension of State or local disadvantaged business enterprise programs; and
(K) the impact of the requirement of paragraph (1),
and any program carried out to comply with paragraph
(1), on competition and the creation of jobs, including the
creation of jobs for socially and economically disadvantaged
individuals.
SEC. 1102. OBLIGATION CEILING.

(a) GENERAL LIMITATION.—Notwithstanding any other provision
of law but subject to subsections (g) and (h), the obligations for
Federal-aid highway and highway safety construction programs
shall not exceed—
(1) $21,500,000,000 for fiscal year 1998;
(2) $25,431,000,000 for fiscal year 1999;
(3) $26,155,000,000 for fiscal year 2000;
(4) $26,651,000,000 for fiscal year 2001;
(5) $27,235,000,000 for fiscal year 2002; and
(6) $27,681,000,000 for fiscal year 2003.

23 USC 104 note.

112 STAT. 116

PUBLIC LAW 105–178—JUNE 9, 1998

(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 147 of the Surface Transportation Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of
1981;
(4) under sections 131(b) and 131(j) of the Surface
Transportation Assistance Act of 1982;
(5) under sections 149(b) and 149(c) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987;
(6) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991;
(7) under section 157 of title 23, United States Code, as
in effect on the day before the date of enactment of this Act;
and
(8) under section 105 of title 23, United States Code (but,
for each of fiscal years 1998 through 2007), only in an amount
equal to $639,000,000 per fiscal year.
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.—For each of fiscal
years 1998 through 2003, the Secretary shall—
(1) not distribute obligation authority provided by subsection (a) for such fiscal year for amounts authorized for
administrative expenses and programs funded from the
administrative takedown authorized by section 104(a) of title
23, United States Code, and amounts authorized for the highway use tax evasion program and the Bureau of Transportation
Statistics;
(2) not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance
of amounts made available from the Highway Trust Fund (other
than the Mass Transit Account) for Federal-aid highway and
highway safety programs for previous fiscal years the funds
for which are allocated by the Secretary;
(3) determine the ratio that—
(A) the obligation authority provided by subsection (a)
for such fiscal year less the aggregate of amounts not
distributed under paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be appropriated
for Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated
for sections set forth in paragraphs (1) through (7) of subsection (b) and sums authorized to be appropriated for
section 105 of title 23, United States Code, equal to the
amount referred to in subsection (b)(8)) for such fiscal
year less the aggregate of the amounts not distributed
under paragraph (1) of this subsection;
(4) distribute the obligation authority provided by subsection (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) for section 117 of title 23, United States
Code (relating to high priority projects program), section 201
of the Appalachian Regional Development Act of 1965, the
Woodrow Wilson Memorial Bridge Authority Act of 1995, and
$2,000,000,000 for such fiscal year under section 105 of such
title (relating to minimum guarantee) so that amount of obligation authority available for each of such sections is equal to
the amount determined by multiplying the ratio determined

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 117

under paragraph (3) by the sums authorized to be appropriated
for such section (except in the case of section 105,
$2,000,000,000) for such fiscal year;
(5) distribute the obligation authority provided by subsection (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraph (4) for each of the programs that are allocated by the
Secretary under this Act and title 23, United States Code
(other than activities to which paragraph (1) applies and programs to which paragraph (4) applies) by multiplying the ratio
determined under paragraph (3) by the sums authorized to
be appropriated for such program for such fiscal year; and
(6) distribute the obligation authority provided by subsection (a) less the aggregate amounts not distributed under
paragraphs (1) and (2) and amounts distributed under paragraphs (4) and (5) for Federal-aid highway and highway safety
construction programs (other than the minimum guarantee program, but only to the extent that amounts apportioned for
the minimum guarantee program for such fiscal year exceed
$2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under
this Act and title 23, United States Code, in the ratio that—
(A) sums authorized to be appropriated for such programs that are apportioned to each State for such fiscal
year, bear to
(B) the total of the sums authorized to be appropriated
for such programs that are apportioned to all States for
such fiscal year.
(d) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (c), the Secretary shall after August 1
of each of fiscal years 1998 through 2003 revise a distribution
of the obligation authority made available under subsection (c)
if a State will not obligate the amount distributed during that
fiscal year and redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously distributed
during that 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, under section 160 of title
23, United States Code (as in effect on the day before the date
of enactment of this Act), and under section 1015 of the Intermodal
Surface Transportation Act of 1991 (105 Stat. 1943–1945).
(e) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—Obligation limitations imposed by
subsection (a) shall apply to transportation research programs carried out under chapter 3 of title 23, United States Code, and
under title VI of this Act.
(f) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—Not later
than 30 days after the date of the distribution of obligation authority
under subsection (c) for each of fiscal years 1998 through 2003,
the Secretary shall distribute to the States any funds (1) that
are authorized to be appropriated for such fiscal year for Federalaid highway programs (other than the program under section 160
of title 23, United States Code) and for carrying out subchapter
I of chapter 311 of title 49, United States Code, and chapter 4
of title 23, United States Code, and (2) that the Secretary determines will not be allocated to the States, and will not be available
for obligation, in such fiscal year due to the imposition of any

112 STAT. 118

PUBLIC LAW 105–178—JUNE 9, 1998

obligation limitation for such fiscal year. Such distribution to the
States shall be made in the same ratio as the distribution of
obligation authority under subsection (c)(6). The funds so distributed shall be available for any purposes described in section 133(b)
of title 23, United States Code.
(g) SPECIAL RULE.—Obligation authority distributed for a fiscal
year under subsection (c)(4) for a section set forth in subsection
(c)(4) shall remain available until used for obligation of funds for
such section and shall be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(h) INCREASE IN OBLIGATION LIMIT.—Limitations on obligations
imposed by subsection (a) for a fiscal year shall be increased by
an amount equal to the amount determined pursuant to section
251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)) for such fiscal
year. Any such increase shall be distributed in accordance with
this section.
(i) LIMITATIONS ON OBLIGATIONS FOR ADMINISTRATIVE
EXPENSES.—Notwithstanding any other provision of law, the total
amount of all obligations under section 104(a) of title 23, United
States Code, shall not exceed—
(1) $320,000,000 for fiscal year 1998;
(2) $350,000,000 for fiscal year 1999;
(3) $370,000,000 for fiscal year 2000;
(4) $390,000,000 for fiscal year 2001;
(5) $410,000,000 for fiscal year 2002; and
(6) $430,000,000 for fiscal year 2003.
SEC. 1103. APPORTIONMENTS.

(a) ADMINISTRATIVE EXPENSES.—Section 104 of title 23, United
States Code, is amended by striking subsection (a) and inserting
the following:
‘‘(a) ADMINISTRATIVE EXPENSES.—
‘‘(1) IN GENERAL.—Whenever an apportionment is made
of the sums made available for expenditure on each of the
surface transportation program under section 133, the bridge
program under section 144, the congestion mitigation and air
quality improvement program under section 149, the Interstate
and National Highway System program under section 103,
the minimum guarantee program under section 105, the Federal lands highway program under section 204, or the Appalachian development highway system program under section 201
of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.), the Secretary shall deduct a sum, in an amount
not to exceed 11⁄2 percent of all sums so made available, as
the Secretary determines necessary—
‘‘(A) to administer the provisions of law to be financed
from appropriations for the Federal-aid highway program
and programs authorized under chapter 2; and
‘‘(B) to make transfers of such sums as the Secretary
determines to be appropriate to the Appalachian Regional
Commission for administrative activities associated with
the Appalachian development highway system.
‘‘(2) CONSIDERATION OF UNOBLIGATED BALANCES.—In making the determination described in paragraph (1), the Secretary

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 119

shall take into account the unobligated balance of any sums
deducted under this subsection in prior fiscal years.
‘‘(3) AVAILABILITY.—The sum deducted under paragraph
(1) shall remain available until expended.’’.
(b) APPORTIONMENTS.—Section 104(b) of such title is amended
to read as follows:
‘‘(b) APPORTIONMENTS.—On October 1 of each fiscal year, the
Secretary, after making the deduction authorized by subsection
(a) and the set-aside authorized by subsection (f), shall apportion
the remainder of the sums authorized to be appropriated for
expenditure on the Interstate and National Highway System program, the Congestion Mitigation and Air Quality Improvement
program, and the Surface Transportation program for that fiscal
year, among the several States in the following manner:
‘‘(1) NATIONAL HIGHWAY SYSTEM COMPONENT.—
‘‘(A) IN GENERAL.—For the National Highway System
(excluding funds apportioned under paragraph (4)),
$36,400,000 for each fiscal year to the Virgin Islands,
Guam, American Samoa, and the Commonwealth of Northern Mariana Islands, $18,800,000 for each of fiscal years
1999 through 2003 for the Alaska Highway, and the
remainder apportioned as follows:
‘‘(i) 25 percent in the ratio that—
‘‘(I) the total lane miles of principal arterial
routes (excluding Interstate System routes) in each
State; bears to
‘‘(II) the total lane miles of principal arterial
routes (excluding Interstate System routes) in all
States.
‘‘(ii) 35 percent in the ratio that—
‘‘(I) the total vehicle miles traveled on lanes
on principal arterial routes (excluding Interstate
System routes) in each State; bears to
‘‘(II) the total vehicle miles traveled on lanes
on principal arterial routes (excluding Interstate
System routes) in all States.
‘‘(iii) 30 percent in the ratio that—
‘‘(I) the total diesel fuel used on highways
in each State; bears to
‘‘(II) the total diesel fuel used on highways
in all States.
‘‘(iv) 10 percent in the ratio that—
‘‘(I) the quotient obtained by dividing the total
lane miles on principal arterial highways in each
State by the total population of the State; bears
to
‘‘(II) the quotient obtained by dividing the total
lane miles on principal arterial highways in all
States by the total population of all States.
‘‘(B) MINIMUM APPORTIONMENT.—Notwithstanding
subparagraph (A) and paragraph (4), each State shall
receive a minimum of 1⁄2 of 1 percent of the funds apportioned under subparagraph (A) and paragraph (4).
‘‘(2) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.—
‘‘(A) IN GENERAL.—For the congestion mitigation and
air quality improvement program, in the ratio that—

23 USC 104.

112 STAT. 120

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘(i) the total of all weighted nonattainment and
maintenance area populations in each State; bears to
‘‘(ii) the total of all weighted nonattainment and
maintenance area populations in all States.
‘‘(B) CALCULATION OF WEIGHTED NONATTAINMENT AND
MAINTENANCE AREA POPULATION.—Subject to subparagraph
(C), for the purpose of subparagraph (A), the weighted
nonattainment and maintenance area population shall be
calculated by multiplying the population of each area in
a State that was a nonattainment area or maintenance
area as described in section 149(b) for ozone or carbon
monoxide by a factor of—
‘‘(i) 0.8 if—
‘‘(I) at the time of the apportionment, the area
is a maintenance area; or
‘‘(II) at the time of the apportionment, the
area is classified as a submarginal ozone nonattainment area under the Clean Air Act (42
U.S.C. 7401 et seq.);
‘‘(ii) 1.0 if, at the time of the apportionment, the
area is classified as a marginal ozone nonattainment
area under subpart 2 of part D of title I of the Clean
Air Act (42 U.S.C. 7511 et seq.);
‘‘(iii) 1.1 if, at the time of the apportionment, the
area is classified as a moderate ozone nonattainment
area under such subpart;
‘‘(iv) 1.2 if, at the time of the apportionment, the
area is classified as a serious ozone nonattainment
area under such subpart;
‘‘(v) 1.3 if, at the time of the apportionment, the
area is classified as a severe ozone nonattainment area
under such subpart;
‘‘(vi) 1.4 if, at the time of the apportionment, the
area is classified as an extreme ozone nonattainment
area under such subpart; or
‘‘(vii) 1.0 if, at the time of the apportionment,
the area is not a nonattainment or maintenance area
as described in section 149(b) for ozone, but is classified
under subpart 3 of part D of title I of such Act (42
U.S.C. 7512 et seq.) as a nonattainment area described
in section 149(b) for carbon monoxide.
‘‘(C) ADDITIONAL ADJUSTMENT FOR CARBON MONOXIDE
AREAS.—
‘‘(i) CARBON MONOXIDE NONATTAINMENT AREAS.—
If, in addition to being classified as a nonattainment
or maintenance area for ozone, the area was also classified under subpart 3 of part D of title I of such Act
(42 U.S.C. 7512 et seq.) as a nonattainment area
described in section 149(b) for carbon monoxide, the
weighted nonattainment or maintenance area population of the area, as determined under clauses (i)
through (vi) of subparagraph (B), shall be further
multiplied by a factor of 1.2.
‘‘(ii) CARBON MONOXIDE MAINTENANCE AREAS.—If,
in addition to being classified as a nonattainment or
maintenance area for ozone, the area was at one time
also classified under subpart 3 of part D of title I

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 121

of such Act (42 U.S.C. 7512 et seq.) as a nonattainment
area described in section 149(b) for carbon monoxide
but has been redesignated as a maintenance area,
the weighted nonattainment or maintenance area
population of the area, as determined under clauses
(i) through (vi) of subparagraph (B), shall be further
multiplied by a factor of 1.1.
‘‘(D) MINIMUM APPORTIONMENT.—Notwithstanding any
other provision of this paragraph, each State shall receive
a minimum of 1⁄2 of 1 percent of the funds apportioned
under this paragraph.
‘‘(E) DETERMINATIONS OF POPULATION.—In determining
population figures for the purposes of this paragraph, the
Secretary shall use the latest available annual estimates
prepared by the Secretary of Commerce.
‘‘(3) SURFACE TRANSPORTATION PROGRAM.—
‘‘(A) IN GENERAL.—For the surface transportation program, in accordance with the following formula:
‘‘(i) 25 percent of the apportionments in the
ratio that—
‘‘(I) the total lane miles of Federal-aid highways in each State; bears to
‘‘(II) the total lane miles of Federal-aid highways in all States.
‘‘(ii) 40 percent of the apportionments in the
ratio that—
‘‘(I) the total vehicle miles traveled on lanes
on Federal-aid highways in each State; bears to
‘‘(II) the total vehicle miles traveled on lanes
on Federal-aid highways in all States.
‘‘(iii) 35 percent of the apportionments in the
ratio that—
‘‘(I) the estimated tax payments attributable
to highway users in each State paid into the Highway Trust Fund (other than the Mass Transit
Account) in the latest fiscal year for which data
are available; bears to
‘‘(II) the estimated tax payments attributable
to highway users in all States paid into the Highway Trust Fund (other than the Mass Transit
Account) in the latest fiscal year for which data
are available.
‘‘(B) MINIMUM APPORTIONMENT.—Notwithstanding
subparagraph (A), each State shall receive a minimum
of 1⁄2 of 1 percent of the funds apportioned under this
paragraph.
‘‘(4) INTERSTATE MAINTENANCE COMPONENT.—For resurfacing, restoring, rehabilitating, and reconstructing the Interstate System—
‘‘(A) 331⁄3 percent in the ratio that—
‘‘(i) the total lane miles on Interstate System routes
open to traffic in each State; bears to
‘‘(ii) the total of all such lane miles in all States;
‘‘(B) 331⁄3 percent in the ratio that—
‘‘(i) the total vehicle miles traveled on lanes on
Interstate System routes designated under—
‘‘(I) section 103;

112 STAT. 122

23 USC 104.

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(II) section 139(a) (as in effect on the day
before the date of enactment of the Transportation
Equity Act for the 21st Century) before March
9, 1984 (other than routes on toll roads not subject
to a Secretarial agreement under section 105 of
the Federal-Aid Highway Act of 1978 (92 Stat.
2692)); and
‘‘(III) section 139(c) (as in effect on the day
before the date of enactment of the Transportation
Equity Act for the 21st Century);
in each State; bears to
‘‘(ii) the total of all such vehicle miles traveled
in all States; and
‘‘(C) 331⁄3 percent in the ratio that—
‘‘(i) the total of each State’s annual contributions
to the Highway Trust Fund (other than the Mass Transit Account) attributable to commercial vehicles; bears
to
‘‘(ii) the total of such annual contributions by all
States.
(c) OPERATION LIFESAVER AND HIGH SPEED RAIL CORRIDORS.—
Section 104(d) of such title is amended—
(1) in paragraph (1) by striking ‘‘The’’ and all that follows
through ‘‘$300,000 for each’’ and inserting ‘‘Before making an
apportionment under subsection (b)(3) of this section for a
fiscal year, the Secretary shall set aside $500,000 for such’’;
and
(2) by striking paragraphs (2) and (3) and inserting the
following:
‘‘(2) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION IN
HIGH SPEED RAIL CORRIDORS.—
‘‘(A) IN GENERAL.—Before making an apportionment
of funds under subsection (b)(3) for a fiscal year, the Secretary shall set aside $5,250,000 of the funds made available for the surface transportation program for the fiscal
year for elimination of hazards of railway-highway crossings.
‘‘(B) ELIGIBLE CORRIDORS.—Subject to subparagraph
(E), funds made available under subparagraph (A) shall
be expended for projects in—
‘‘(i) 5 railway corridors selected by the Secretary
in accordance with this subsection (as in effect on
the day before the date of enactment of this clause);
‘‘(ii) 3 railway corridors selected by the Secretary
in accordance with subparagraphs (C) and (D);
‘‘(iii) a Gulf Coast high speed railway corridor (as
designated by the Secretary);
‘‘(iv) a Keystone high speed railway corridor from
Philadelphia to Harrisburg, Pennsylvania; and
‘‘(v) an Empire State railway corridor from New
York City to Albany to Buffalo, New York.
‘‘(C) REQUIRED INCLUSION OF HIGH SPEED RAIL LINES.—
A corridor selected by the Secretary under subparagraph
(B) shall include rail lines where railroad speeds of 90
miles or more per hour are occurring or can reasonably
be expected to occur in the future.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 123

‘‘(D) CONSIDERATIONS IN CORRIDOR SELECTION.—In
selecting corridors under subparagraph (B), the Secretary
shall consider—
‘‘(i) projected rail ridership volume in each corridor;
‘‘(ii) the percentage of each 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;
‘‘(iii) projected benefits to nonriders such as congestion relief on other modes of transportation serving
each corridor (including congestion in heavily traveled
air passenger corridors);
‘‘(iv) the amount of State and local financial support that can reasonably be anticipated for the
improvement of the line and related facilities; and
‘‘(v) the cooperation of the owner of the rightof-way that can reasonably be expected in the operation
of high speed rail passenger service in each corridor.
‘‘(E) CERTAIN IMPROVEMENTS.—Not less than $250,000
of such set-aside shall be available per fiscal year for
eligible improvements to the Minneapolis/St. Paul-Chicago
segment of the Midwest High Speed Rail Corridor.
‘‘(F) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated $15,000,000 for each of fiscal
years 1999 through 2003 to carry out this subsection.’’.
(d) CERTIFICATION OF APPORTIONMENTS.—Section 104(e) of such
title is amended—
(1) by inserting ‘‘CERTIFICATION OF APPORTIONMENTS.—’’
after ‘‘(e)’’;
(2) by inserting ‘‘(1) IN GENERAL.—’’ before ‘‘On October
1’’;
(3) by striking the first parenthetical phrase;
(4) by striking ‘‘and research’’ the first place it appears;
(5) by striking the second sentence;
(6) by adding at the end the following:
‘‘(2) NOTICE TO STATES.—If the Secretary has not made
an apportionment under section 104, 144, or 157 by the 21st
day of a fiscal year beginning after September 30, 1998, the
Secretary shall transmit, by such 21st day, to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public
Works of the Senate a written statement of the reason for
not making such apportionment in a timely manner.’’; and
(7) by indenting paragraph (1) (as designated by paragraph
(2) of this subsection) and aligning such paragraph (1) with
paragraph (2) of such section (as added by paragraph (6) of
this subsection).
(e) METROPOLITAN PLANNING SET-ASIDE.—Section 104(f) of such
title is amended—
(1) in paragraph (1) by striking ‘‘Interstate construction
and Interstate substitute programs’’ and inserting ‘‘recreational
trails program’’; and
(2) in paragraph (3) by striking ‘‘120(j) of this title’’ and
inserting ‘‘120(b)’’.
(f) RECREATIONAL TRAILS PROGRAM.—Section 104(h) of such
title is amended to read as follows:
‘‘(h) RECREATIONAL TRAILS PROGRAM.—

23 USC 104.

112 STAT. 124

23 USC 104.

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(1) ADMINISTRATIVE COSTS.—Whenever an apportionment
is made of the sums authorized to be appropriated to carry
out the recreational trails program under section 206, the Secretary shall deduct an amount, not to exceed 11⁄2 percent of
the sums authorized, to cover the cost to the Secretary for
administration of and research and technical assistance under
the recreational trails program and for administration of the
National Recreational Trails Advisory Committee. The Secretary may enter into contracts with for-profit organizations
or contracts, partnerships, or cooperative agreements with other
government agencies, institutions of higher learning, or nonprofit organizations to perform these tasks.
‘‘(2) APPORTIONMENT TO THE STATES.—After making the
deduction authorized by paragraph (1) of this subsection, the
Secretary shall apportion the remainder of the sums authorized
to be appropriated for expenditure on the recreational trails
program for each fiscal year, among the States in the following
manner:
‘‘(A) 50 percent of that amount shall be apportioned
equally among eligible States.
‘‘(B) 50 percent of that amount shall be apportioned
among eligible States in amounts proportionate to the
degree of non-highway recreational fuel use in each of
those States during the preceding year.
‘‘(3) ELIGIBLE STATE DEFINED.—In this section, the term
‘eligible State’ means a State that meets the requirements
of section 206(c).’’.
(g) AUDITS OF HIGHWAY TRUST FUND.—Section 104 of such
title is amended by striking subsection (i) and inserting the following:
‘‘(i) AUDITS OF HIGHWAY TRUST FUND.—From administrative
funds deducted under subsection (a), the Secretary may reimburse
the Office of Inspector General of the Department of Transportation
for the conduct of annual audits of financial statements in accordance with section 3521 of title 31.’’.
(h) REPORT ON OBLIGATIONS.—Section 104 of such title is
amended by striking subsection (j) and inserting the following:
‘‘(j) REPORT TO CONGRESS.—The Secretary shall submit to Congress a report for each fiscal year on—
‘‘(1) the amount obligated, by each State, for Federal-aid
highways and highway safety construction programs during
the preceding fiscal year;
‘‘(2) the balance, as of the last day of the preceding fiscal
year, of the unobligated apportionment of each State by fiscal
year under this section and sections 105 and 144;
‘‘(3) the balance of unobligated sums available for expenditure at the discretion of the Secretary for such highways and
programs for the fiscal year; and
‘‘(4) the rates of obligation of funds apportioned or set
aside under this section and sections 105, 133, and 144, according to—
‘‘(A) program;
‘‘(B) funding category or subcategory;
‘‘(C) type of improvement;
‘‘(D) State; and

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 125

‘‘(E) sub-State geographic area, including urbanized
and rural areas, on the basis of the population of each
such area.’’.
(i) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.—Section 104
of such title is amended by inserting after subsection (j) the following:
‘‘(k) TRANSFER OF HIGHWAY AND TRANSIT FUNDS.—
‘‘(1) TRANSFER OF HIGHWAY FUNDS.—Funds made available
under this title and transferred for transit projects of a type
described in section 133(b)(2) shall be administered by the
Secretary in accordance with chapter 53 of title 49, except
that the provisions of this title relating to the non-Federal
share shall apply to the transferred funds.
‘‘(2) TRANSFER OF TRANSIT FUNDS.—Funds made available
under chapter 53 of title 49 and transferred for highway projects
shall be administered by the Secretary in accordance with
this title, except that the provisions of such chapter relating
to the non-Federal share shall apply to the transferred funds.
‘‘(3) TRANSFER OF OBLIGATION AUTHORITY.—Obligation
authority provided for projects described in paragraphs (1) and
(2) shall be transferred in the same manner and amount as
the funds for the projects are transferred.’’.
(j) EFFECT OF CERTAIN DELAY IN DEPOSITS INTO HIGHWAY
TRUST FUND.—Section 104 of such title is amended by adding
at the end the following:
‘‘(l) EFFECT OF CERTAIN DELAY IN DEPOSITS INTO HIGHWAY
TRUST FUND.—Notwithstanding any other provision of law, deposits
into the Highway Trust Fund resulting from the application of
section 901(e) of the Taxpayer Relief Act of 1997 (111 Stat. 872)
shall not be taken into account in determining the apportionments
and allocations that any State shall be entitled to receive under
the Transportation Equity Act for the 21st Century and this title.’’.
(k) TECHNICAL AMENDMENTS.—Section 104(f) of such title is
amended—
(1) by striking ‘‘(f)(1) On’’ and inserting the following:
‘‘(f) METROPOLITAN PLANNING.—
‘‘(1) SET-ASIDE.—On’’;
(2) in paragraph (1) by striking ‘‘, except that’’ and all
that follows through ‘‘programs’’;
(3) by striking ‘‘(2) These’’ and inserting the following:
‘‘(2) APPORTIONMENT TO STATES OF SET-ASIDE FUNDS.—
These’’;
(4) by striking ‘‘(3) The’’ and inserting the following:
‘‘(3) USE OF FUNDS.—The’’;
(5) by striking ‘‘(4) The’’ and inserting the following:
‘‘(4) DISTRIBUTION OF FUNDS WITHIN STATES.—The’’; and
(6) by aligning the remainder of the text of each of paragraphs (1) through (4) with paragraph (5).
(l) CONFORMING AMENDMENTS.—
(1) Section 146(a) of such title is amended in the first
sentence by striking ‘‘, 104(b)(2), and 104(b)(6)’’ and inserting
‘‘and 104(b)(3)’’.
(2) Section 158 of such title is amended—
(A) in subsection (a)—
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively;

23 USC 104.

112 STAT. 126

PUBLIC LAW 105–178—JUNE 9, 1998
(iii) in paragraph (1) (as so redesignated)—
(I) by striking ‘‘AFTER THE FIRST YEAR’’ and
inserting ‘‘IN GENERAL’’; and
(II) by striking ‘‘104(b)(2), 104(b)(5), and
104(b)(6)’’ and inserting ‘‘104(b)(3), and 104(b)(4)’’;
and
(iv) in paragraph (2) (as redesignated by clause
(ii)) by striking ‘‘paragraphs (1) and (2) of this subsection’’ and inserting ‘‘paragraph (1)’’; and
(B) by striking subsection (b) and inserting the follow-

23 USC 115.

23 USC 104 note.

ing:
‘‘(b) EFFECT OF WITHHOLDING OF FUNDS.—No funds withheld
under this section from apportionment to any State after September
30, 1988, shall be available for apportionment to that State.’’.
(3)(A) Section 115(b)(1) of such title is amended by striking
‘‘104(b)(5)’’ and inserting ‘‘104(b)(4)’’.
(B) Section 137(f)(1) of such title is amended by striking
‘‘section 104(b)(5)(B) of this title’’ and inserting ‘‘section
104(b)(4)’’.
(C) Section 141(c) of such title is amended by striking
‘‘section 104(b)(5) of this title’’ each place it appears and inserting ‘‘section 104(b)(4)’’.
(D) Section 142(c) of such title is amended by striking
‘‘(other than section 104(b)(5)(A))’’.
(E) Section 159 of such title is amended—
(i) by striking ‘‘(5) of’’ each place it appears and inserting ‘‘(5) (as in effect on the day before the date of enactment
of the Transportation Equity Act for the 21st Century)
of’’; and
(ii) in subsection (b)—
(I) in paragraphs (1)(A)(i) and (3)(A) by striking
‘‘section 104(b)(5)(A)’’ each place it appears and inserting ‘‘section 104(b)(5)(A) (as in effect on the day before
the date of enactment of the Transportation Equity
Act for the 21st Century)’’;
(II) in paragraph (1)(A)(ii) by striking ‘‘section
104(b)(5)(B)’’ and inserting ‘‘section 104(b)(5)(B) (as in
effect on the day before the date of enactment of the
Transportation Equity Act for the 21st Century)’’;
(III) in paragraph (3)(B) by striking ‘‘(5)(B)’’ and
inserting ‘‘(5)(B) (as in effect on the day before the
date of enactment of the Transportation Equity Act
for the 21st Century)’’; and
(IV) in paragraphs (3) and (4) by striking ‘‘section
104(b)(5)’’ each place it appears and inserting ‘‘section
104(b)(5) (as in effect on the day before the date of
enactment of the Transportation Equity Act for the
21st Century)’’.
(F) Section 161(a) of such title is amended by striking
‘‘paragraphs (1), (3), and (5)(B) of section 104(b)’’ each place
it appears and inserting ‘‘paragraphs (1), (3), and (4) of section
104(b)’’.
(4) Section 142(b) of such title is amended by striking
‘‘paragraph (5) of subsection (b) of section 104 of this title’’
and inserting ‘‘section 104(b)(4)’’.
(m) ADJUSTMENTS FOR THE SURFACE TRANSPORTATION EXTENSION ACT OF 1997.—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 127

(1) IN GENERAL.—Notwithstanding any other provision of
law and subject to section 2(c) of the Surface Transportation
Extension Act of 1997, the Secretary shall ensure that the
total apportionments for a State (other than Massachusetts)
for fiscal year 1998 made under the Transportation Equity
Act for the 21st Century (including amendments made by such
Act) shall be reduced by the amount apportioned to such State
(other than Massachusetts) under section 1003(d)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991.
(2) REPAYMENT OF TRANSFERRED FUNDS.—The Secretary
shall ensure that any apportionments made to a State for
fiscal year 1998 and adjusted under paragraph (1) shall first
be used to restore in accordance with section 3(c) of the Surface
Transportation Extension Act of 1997 any funds that a State
transferred under section 3 of such Act.
(3) INSUFFICIENT FUNDS FOR REPAYMENT.—If a State has
insufficient funds apportioned in fiscal year 1998 under the
Transportation Equity Act for the 21st Century (including
amendments made by such Act) to make the adjustment
required by paragraph (1), then the Secretary shall make an
adjustment to any funds apportioned to such State in fiscal
year 1999.
(4) ALLOCATED PROGRAMS.—Notwithstanding any other
provision of law, amounts made available for fiscal year 1998
by the Transportation Equity Act for the 21st Century (including amendments made by such Act) for a program that is
continued by both of sections 4, 5, 6, and 7 of the Surface
Transportation Extension Act of 1997 (including amendments
made by such sections) and the Transportation Equity Act
for the 21st Century (including amendments made by such
Act) shall be reduced by the amount made available by such
sections 4, 5, 6, and 7 for such programs.
(5) TREATMENT OF STEA OBLIGATION AUTHORITY.—The
amount of obligation authority made available under section
2(e) of the Surface Transportation Extension Act of 1997 shall
be considered to be an amount of obligation authority made
available for fiscal year 1998 under section 1102(a) of this
Act.
(n) STATE DEFINED.—For the purposes of apportioning funds
under sections 104, 105, 144, and 206, the term ‘‘State’’ means
any of the 50 States and the District of Columbia.
SEC. 1104. MINIMUM GUARANTEE.

(a) IN GENERAL.—Section 105 of title 23, United States Code,
is amended to read as follows:
‘‘§ 105. Minimum guarantee
‘‘(a) GENERAL RULE.—For each of fiscal years 1998 through
2003, the Secretary shall allocate among the States amounts sufficient to ensure that each State’s percentage of the total apportionments for such fiscal year of Interstate maintenance, national highway system, bridge, congestion mitigation and air quality improvement, surface transportation, metropolitan planning, minimum
guarantee, high priority projects, Appalachian development highway
system, and recreational trails programs shall equal the percentage
listed for each State in subsection (b).

23 USC 101 note.

112 STAT. 128

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(b) STATE PERCENTAGES.—The percentage for each State
referred to in subsection (a) shall be determined in accordance
with the following table:
‘‘States:
Percentage
Alabama ....................................................................................................
2.0269
Alaska ........................................................................................................
1.1915
Arizona ......................................................................................................
1.5581
Arkansas ...................................................................................................
1.3214
California ..................................................................................................
9.1962
Colorado ....................................................................................................
1.1673
Connecticut ...............................................................................................
1.5186
Delaware ...................................................................................................
0.4424
District of Columbia .................................................................................
0.3956
Florida .......................................................................................................
4.6176
Georgia ......................................................................................................
3.5104
Hawaii .......................................................................................................
0.5177
Idaho ..........................................................................................................
0.7718
Illinois ........................................................................................................
3.3819
Indiana ......................................................................................................
2.3588
Iowa ...........................................................................................................
1.2020
Kansas .......................................................................................................
1.1717
Kentucky ...................................................................................................
1.7365
Louisiana ...................................................................................................
1.5900
Maine .........................................................................................................
0.5263
Maryland ...................................................................................................
1.5087
Massachusetts ...........................................................................................
1.8638
Michigan ....................................................................................................
3.1535
Minnesota ..................................................................................................
1.4993
Mississippi ................................................................................................
1.2186
Missouri .....................................................................................................
2.3615
Montana ....................................................................................................
0.9929
Nebraska ...................................................................................................
0.7768
Nevada ......................................................................................................
0.7248
New Hampshire ........................................................................................
0.5163
New Jersey ................................................................................................
2.5816
New Mexico ...............................................................................................
0.9884
New York ..................................................................................................
5.1628
North Carolina ..........................................................................................
2.8298
North Dakota ............................................................................................
0.6553
Ohio ...........................................................................................................
3.4257
Oklahoma ..................................................................................................
1.5419
Oregon .......................................................................................................
1.2183
Pennsylvania .............................................................................................
4.9887
Rhode Island .............................................................................................
0.5958
South Carolina ..........................................................................................
1.5910
South Dakota ............................................................................................
0.7149
Tennessee ..................................................................................................
2.2646
Texas .........................................................................................................
7.2131
Utah ...........................................................................................................
0.7831
Vermont .....................................................................................................
0.4573
Virginia .....................................................................................................
2.5627
Washington ...............................................................................................
1.7875
West Virginia ............................................................................................
1.1319
Wisconsin ..................................................................................................
1.9916
Wyoming ...................................................................................................
0.6951

‘‘(c) TREATMENT OF FUNDS.—
‘‘(1) PROGRAMMATIC DISTRIBUTION.—The Secretary shall
apportion 50 percent of the amounts made available under
this section that exceed $2,800,000,000 so that the amount
apportioned to each State under this paragraph for each program referred to in subsection (a) (other than metropolitan
planning, minimum guarantee, high priority projects, Appalachian development highway system, and recreational trails programs) is equal to the amount determined by multiplying the
amount to be apportioned under this paragraph by the ratio
that—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 129

‘‘(A) the amount of funds apportioned to each State
for each program referred to in subsection (a) for a fiscal
year; bears to
‘‘(B) the total amount of funds apportioned to all States
for such program for such fiscal year.
‘‘(2) REMAINING DISTRIBUTION.—The Secretary shall apportion the remainder of funds made available under this section
to the States in accordance with section 104(b)(3); except that
requirements of paragraphs (1), (2), and (3) of section 133(d)
shall not apply to amounts apportioned pursuant to this paragraph.
‘‘(d) AUTHORIZATION.—There are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit
Account) such sums as may be necessary to carry out this section
for each of fiscal years 1998 through 2003.
‘‘(e) SPECIAL RULE.—If in any of fiscal years 1999 through
2003, the amount authorized under subsection (d) is more than
30 percent higher than the amount authorized under subsection
(d) in fiscal year 1998, the Secretary shall use the apportionment
factors under sections 104 and 144 as in effect on the date of
enactment of this section.
‘‘(f) GUARANTEE OF 90.5 RETURN.—
‘‘(1) IN GENERAL.—Before making any apportionment under
this title for each of fiscal years 1999 through 2003, the Secretary, subject to paragraph (2), shall adjust the percentages
in the table in subsection (b) to reflect the estimated percentage
of estimated tax payments attributable to highway users in
each State paid into the Highway Trust Fund (other than
the Mass Transit Account) in the latest fiscal year for which
data is available, to ensure that no State’s return from such
Trust Fund is less than 90.5 percent.
‘‘(2) ELIGIBILITY THRESHOLD FOR INITIAL ADJUSTMENT.—The
Secretary may make an adjustment under paragraph (1) for
a State for a fiscal year only if the State’s return from the
Highway Trust Fund (other than the Mass Transit Account)
for the preceding fiscal year was equal to or less than 90.5
percent.
‘‘(3) CONFORMING ADJUSTMENTS.—After making any adjustments under paragraph (1) for a fiscal year, the Secretary
shall adjust the remaining percentages in the table set forth
in subsection (b) to ensure that the total of the percentages
in the table do not exceed 100 percent for such fiscal year.
‘‘(4) LIMITATION ON ADJUSTMENTS.—After making any
adjustments under paragraph (3) for a fiscal year, the Secretary
shall determine whether or not any State’s return from the
Highway Trust Fund (other than the Mass Transit Account)
is less than 90.5 percent as a result of such adjustments and
shall adjust the percentages in the table for such fiscal year
accordingly. Adjustments of the percentages in the table under
this paragraph may not result in the total of such percentages
exceeding 100 percent.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
such title is amended by striking the item relating to section 105
and inserting the following:
‘‘105. Minimum guarantee.’’.

112 STAT. 130

PUBLIC LAW 105–178—JUNE 9, 1998

SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.

(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by striking section 110 and inserting the following:
‘‘§ 110. Revenue aligned budget authority
‘‘(a) DETERMINATION OF AMOUNT.—On October 15 of fiscal year
1999, and each fiscal year thereafter, the Secretary shall allocate
an amount of funds equal to the amount determined pursuant
to section 251(b)(1)(B)(I)(cc) of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(I)(cc)).
‘‘(b) GENERAL DISTRIBUTION.—The Secretary shall—
‘‘(1) determine the ratio that—
‘‘(A) the sums authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account)
for each of the for Federal-aid highway and highway safety
construction programs (other than the minimum guarantee
program) for which funds are allocated from such Trust
Fund by the Secretary under this title and the Transportation Equity Act for the 21st Century for a fiscal year,
bears to
‘‘(B) the total of all sums authorized to be appropriated
from such Trust Fund for such programs for such fiscal
year;
‘‘(2) multiply the ratio determined under paragraph (1)
by the total amount of funds to be allocated under subsection
(a) for such fiscal year;
‘‘(3) allocate the amount determined under paragraph (2)
among such programs in the ratio that—
‘‘(A) the sums authorized to be appropriated from such
Trust Fund for each of such programs for such fiscal year,
bears to
‘‘(B) the sums authorized to be appropriated from such
Trust Fund for all such programs for such fiscal year;
and
‘‘(4) allocate the remainder of the funds to be allocated
under subsection (a) for such fiscal year to the States in the
ratio that—
‘‘(A) the total of all funds authorized to be appropriated
from such Trust Fund for Federal-aid highway and highway
safety construction programs that are apportioned to each
State for such fiscal year but for this section, bears to
‘‘(B) the total of all funds authorized to be appropriated
from such Trust Fund for such programs that are apportioned to all States for such fiscal year but for this section.
‘‘(c) STATE PROGRAMMATIC DISTRIBUTION.—Of the funds to be
apportioned to each State under subsection (b)(4) for a fiscal year,
the Secretary shall ensure that such funds are apportioned for
the Interstate Maintenance program, the National Highway System
program, the bridge program, the surface transportation program,
and the congestion mitigation air quality improvement program
in the same ratio that each State is apportioned funds for such
programs for such fiscal year but for this section.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) such sums as may be necessary to carry
out this section for fiscal years beginning after September 30,
1998.’’.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 131

(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
such title is amended by striking the item relating to section 110
and inserting the following:
‘‘110. Revenue aligned budget authority.’’.
SEC. 1106. FEDERAL-AID SYSTEMS.

(a) ADMINISTRATION OF NATIONAL HIGHWAY SYSTEM AND INTERMAINTENANCE PROGRAM.—The Secretary shall administer
the National Highway System program and the Interstate Maintenance program as a combined program for purposes of allowing
States maximum flexibility. References in this Act and title 23,
United States Code, shall not be affected by such consolidation.
(b) FEDERAL-AID SYSTEMS.—Section 103 of title 23, United
States Code, is amended to read as follows:
STATE

‘‘§ 103. Federal-aid systems
‘‘(a) IN GENERAL.—For the purposes of this title, the Federalaid systems are the Interstate System and the National Highway
System.
‘‘(b) NATIONAL HIGHWAY SYSTEM.—
‘‘(1) DESCRIPTION.—The National Highway System consists
of the highway routes and connections to transportation facilities depicted on the map submitted by the Secretary to Congress
with the report entitled ‘Pulling Together: The National Highway System and its Connections to Major Intermodal Terminals’ and dated May 24, 1996. The system shall—
‘‘(A) serve major population centers, international border crossings, ports, airports, public transportation facilities, and other intermodal transportation facilities and
other major travel destinations;
‘‘(B) meet national defense requirements; and
‘‘(C) serve interstate and interregional travel.
‘‘(2) COMPONENTS.—The National Highway System
described in paragraph (1) consists of the following:
‘‘(A) The Interstate System described in subsection (c).
‘‘(B) Other urban and rural principal arterial routes.
‘‘(C) Other connector highways (including toll facilities)
that provide motor vehicle access between arterial routes
on the National Highway System and a major intermodal
transportation facility.
‘‘(D) A strategic highway network consisting of a network of highways that are important to the United States
strategic defense policy and that provide defense access,
continuity, and emergency capabilities for the movement
of personnel, materials, and equipment in both peacetime
and wartime. The highways may be highways on or off
the Interstate System and shall be designated by the Secretary in consultation with appropriate Federal agencies
and the States.
‘‘(E) Major strategic highway network connectors
consisting of highways that provide motor vehicle access
between major military installations and highways that
are part of the strategic highway network. The highways
shall be designated by the Secretary in consultation with
appropriate Federal agencies and the States.
‘‘(3) MAXIMUM MILEAGE.—The mileage of highways on the
National Highway System shall not exceed 178,250 miles.

23 USC 103 note.

112 STAT. 132

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘(4) MODIFICATIONS TO NHS.—
‘‘(A) IN GENERAL.—The Secretary may make any modification, including any modification consisting of a connector to a major intermodal terminal, to the National Highway System that is proposed by a State or that is proposed
by a State and revised by the Secretary if the Secretary
determines that the modification—
‘‘(i) meets the criteria established for the National
Highway System under this title; and
‘‘(ii) enhances the national transportation
characteristics of the National Highway System.
‘‘(B) COOPERATION.—
‘‘(i) IN GENERAL.—In proposing a modification
under this paragraph, a State shall cooperate with
local and regional officials.
‘‘(ii) URBANIZED AREAS.—In an urbanized area, the
local officials shall act through the metropolitan planning organization designated for the area under section
134.
‘‘(5) CONGRESSIONAL HIGH PRIORITY CORRIDORS.—Upon the
completion of feasibility studies, the Secretary shall add to
the National Highway System any congressional high priority
corridor or any segment of such a corridor established by section
1105 of the Intermodal Surface Transportation Efficiency Act
of 1991 (105 Stat. 2031 et seq.) that was not identified on
the National Highway System described in paragraph (1).
‘‘(6) ELIGIBLE PROJECTS FOR NHS.—Subject to 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:
‘‘(A) Construction, reconstruction, resurfacing, restoration, and rehabilitation of segments of the National Highway System.
‘‘(B) Operational improvements for segments of the
National Highway System.
‘‘(C) Construction of, and operational improvements
for, a Federal-aid highway not on the National Highway
System, and construction of a transit project eligible for
assistance under chapter 53 of title 49, if—
‘‘(i) the highway or transit project is in the same
corridor as, and in proximity to, a fully access-controlled highway designated as a part of the National
Highway System;
‘‘(ii) the construction or improvements will improve
the level of service on the fully access-controlled highway described in clause (i) and improve regional traffic
flow; and
‘‘(iii) the construction or improvements are more
cost-effective than an improvement to the fully accesscontrolled highway described in clause (i).
‘‘(D) Highway safety improvements for segments of
the National Highway System.
‘‘(E) Transportation planning in accordance with sections 134 and 135.
‘‘(F) Highway research and planning in accordance with
chapter 5.
‘‘(G) Highway-related technology transfer activities.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 133

‘‘(H) Capital and operating costs for traffic monitoring,
management, and control facilities and programs.
‘‘(I) Fringe and corridor parking facilities.
‘‘(J) Carpool and vanpool projects.
‘‘(K) Bicycle transportation and pedestrian walkways
in accordance with section 217.
‘‘(L) Development, establishment, and implementation
of management systems under section 303.
‘‘(M) In accordance with all applicable Federal law
(including regulations), participation in natural habitat and
wetland mitigation efforts related to projects funded under
this title, which may include participation in natural habitat and wetland mitigation banks, contributions to statewide and regional efforts to conserve, restore, enhance,
and create natural habitats and wetland, and development
of statewide and regional natural habitat and wetland conservation and mitigation plans, including any such banks,
efforts, and plans authorized under the Water Resources
Development Act of 1990 (Public Law 101–640) (including
crediting provisions). Contributions to the mitigation efforts
described in the preceding sentence may take place concurrent with or in advance of project construction; except
that contributions in advance of project construction may
occur only if the efforts are consistent with all applicable
requirements of Federal law (including regulations) and
State transportation planning processes. With respect to
participation in a natural habitat or wetland mitigation
effort related to a project funded under this title that
has an impact that occurs within the service area of a
mitigation bank, preference shall be given, to the maximum
extent practicable, to the use of the mitigation bank if
the bank contains sufficient available credits to offset the
impact and the bank is approved in accordance with the
Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605 (November
28, 1995)) or other applicable Federal law (including regulations).
‘‘(N) Publicly-owned intracity or intercity bus terminals.
‘‘(O) Infrastructure-based intelligent transportation
systems capital improvements.
‘‘(P) In the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands,
any project eligible for assistance under section 133, any
airport, and any seaport.
‘‘(c) INTERSTATE SYSTEM.—
‘‘(1) DESCRIPTION.—
‘‘(A) IN GENERAL.—The Dwight D. Eisenhower National
System of Interstate and Defense Highways within the
United States (including the District of Columbia and
Puerto Rico) consists of highways designed, located, and
selected in accordance with this paragraph.
‘‘(B) DESIGN.—
‘‘(i) IN GENERAL.—Except as provided in clause
(ii), highways on the Interstate System shall be
designed in accordance with the standards of section
109(b).

112 STAT. 134

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘(ii) EXCEPTION.—Highways on the Interstate System in Alaska and Puerto Rico shall be designed in
accordance with such geometric and construction
standards as are adequate for current and probable
future traffic demands and the needs of the locality
of the highway.
‘‘(C) LOCATION.—Highways on the Interstate System
shall be located so as—
‘‘(i) to connect by routes, as direct as practicable,
the principal metropolitan areas, cities, and industrial
centers;
‘‘(ii) to serve the national defense; and
‘‘(iii) to the maximum extent practicable, to connect
at suitable border points with routes of continental
importance in Canada and Mexico.
‘‘(D) SELECTION OF ROUTES.—To the maximum extent
practicable, each route of the Interstate System shall be
selected by joint action of the State transportation departments of the State in which the route is located and the
adjoining States, in cooperation with local and regional
officials, and subject to the approval of the Secretary.
‘‘(2) MAXIMUM MILEAGE.—The mileage of highways on the
Interstate System shall not exceed 43,000 miles, exclusive of
designations under paragraph (4).
‘‘(3) MODIFICATIONS.—The Secretary may approve or
require modifications to the Interstate System in a manner
consistent with the policies and procedures established under
this subsection.
‘‘(4) INTERSTATE SYSTEM DESIGNATIONS.—
‘‘(A) ADDITIONS.—If the Secretary determines that a
highway on the National Highway System meets all standards of a highway on the Interstate System and that the
highway is a logical addition or connection to the Interstate
System, the Secretary may, upon the affirmative recommendation of the State or States in which the highway
is located, designate the highway as a route on the Interstate System.
‘‘(B) DESIGNATIONS AS FUTURE INTERSTATE SYSTEM
ROUTES.—
‘‘(i) IN GENERAL.—If the Secretary determines that
a highway on the National Highway System would
be a logical addition or connection to the Interstate
System and would qualify for designation as a route
on the Interstate System under subparagraph (A) if
the highway met all standards of a highway on the
Interstate System, the Secretary may, upon the
affirmative recommendation of the State or States in
which the highway is located, designate the highway
as a future Interstate System route.
‘‘(ii) WRITTEN AGREEMENT OF STATES.—A designation under clause (i) shall be made only upon the
written agreement of the State or States described
in such clause that the highway will be constructed
to meet all standards of a highway on the Interstate
System by the date that is 12 years after the date
of the agreement.
‘‘(iii) REMOVAL OF DESIGNATION.—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 135

‘‘(I) IN GENERAL.—If the State or States
described in clause (i) have not substantially completed the construction of a highway designated
under this subparagraph within the time provided
for in the agreement between the Secretary and
the State or States under clause (ii), the Secretary
shall remove the designation of the highway as
a future Interstate System route.
‘‘(II) EFFECT OF REMOVAL.—Removal of the
designation of a highway under subclause (I) shall
not preclude the Secretary from designating the
highway as a route on the Interstate System under
subparagraph (A) or under any other provision
of law providing for addition to the Interstate System.
‘‘(iv) PROHIBITION ON REFERRAL AS INTERSTATE SYSTEM ROUTE.—No law, rule, regulation, map, document,
or other record of the United States, or of any State
or political subdivision of a State, shall refer to any
highway designated as a future Interstate System
route under this subparagraph, nor shall any such
highway be signed or marked, as a highway on the
Interstate System until such time as the highway is
constructed to the geometric and construction standards for the Interstate System and has been designated
as a route on the Interstate System.
‘‘(C) FINANCIAL RESPONSIBILITY.—Except as provided
in this title, the designation of a highway under this paragraph shall create no additional Federal financial responsibility with respect to the highway.
‘‘(d) TRANSFER OF INTERSTATE CONSTRUCTION FUNDS.—
‘‘(1) INTERSTATE CONSTRUCTION FUNDS NOT IN SURPLUS.—
‘‘(A) IN GENERAL.—Upon application by a State and
approval by the Secretary, the Secretary may transfer to
the apportionment of the State under section 104(b)(1)
any amount of funds apportioned to the State under section
104(b)(5)(A) (as in effect on the day before the date of
enactment of the Transportation Equity Act for the 21st
Century), if the amount does not exceed the Federal share
of the costs of construction of segments of the Interstate
System in the State included in the most recent Interstate
System cost estimate.
‘‘(B) EFFECT OF TRANSFER.—Upon transfer of an
amount under subparagraph (A), the construction on which
the amount is based, as included in the most recent Interstate System cost estimate, shall not be eligible for funding
under section 104(b)(5)(A) (as in effect on the day before
the date of enactment of the Transportation Equity Act
for the 21st Century) or 118(c).
‘‘(2) SURPLUS INTERSTATE CONSTRUCTION FUNDS.—Upon
application by a State and approval by the Secretary, the
Secretary may transfer to the apportionment of the State under
section 104(b)(1) any amount of surplus funds apportioned to
the State under section 104(b)(5)(A) (as in effect on the day
before the date of enactment of the Transportation Equity
Act for the 21st Century), if the State has fully financed all

112 STAT. 136

23 USC 103 note.

23 USC 103 note.

PUBLIC LAW 105–178—JUNE 9, 1998

work eligible under the most recent Interstate System cost
estimate.
‘‘(3) APPLICABILITY OF CERTAIN LAWS.—Funds transferred
under this subsection shall be subject to the laws (including
regulations, policies, and procedures) relating to the apportionment to which the funds are transferred.’’.
(b) UNOBLIGATED BALANCES OF INTERSTATE SUBSTITUTE
FUNDS.—Unobligated balances of funds apportioned to a State
under section 103(e)(4)(H) of title 23, United States Code (as in
effect on the day before the date of enactment of this Act), shall
be available for obligation by the State under the law (including
regulations, policies, and procedures) relating to the obligation and
expenditure of the funds in effect on that date.
(c) CONFORMING AMENDMENTS.—
(1)(A) Section 115(a) of title 23, United States Code, is
amended—
(i) in the subsection heading by striking ‘‘SUBSTITUTE,’’;
and
(ii) in paragraph (1)(A)(i) by striking ‘‘103(e)(4)(H),’’;
(B) Section 118 of such title is amended—
(i) by striking subsection (d); and
(ii) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.
(C) Section 129(b) of such title is amended in the first
sentence by striking ‘‘which has been’’ and all that follows
through ‘‘and has not’’ and inserting ‘‘which is a public road
and has not’’.
(2)(A) Section 139 of such title, and the item relating to
such section in the analysis for chapter 1 of such title, are
repealed.
(B) Section 127(f) of such title is amended by striking
‘‘section 139(a)’’ and inserting ‘‘section 103(c)(4)(A)’’.
(C) Section 1105(e)(5) of the Intermodal Surface Transportation Efficiency Act of 1991 (109 Stat. 597) is amended by
striking subparagraph (B) and inserting the following:
‘‘(B) TREATMENT OF SEGMENTS.—Subject to subparagraph (C), segments designated as parts of the Interstate
System under this paragraph shall be treated in the same
manner as segments designated under section 103(c)(4)(A)
of title 23, United States Code.’’.
(d) INTERMODAL FREIGHT CONNECTORS STUDY.—
(1) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall—
(A) review the condition of and improvements made,
since the designation of the National Highway System,
to connectors on the National Highway System that serve
seaports, airports, and other intermodal freight transportation facilities; and
(B) report to Congress on the results of such review.
(2) REVIEW.—In preparing the report, the Secretary shall
review the connectors and identify projects carried out on those
connectors that were intended to provide and improve service
to an intermodal facility referred to in paragraph (1) and to
facilitate the efficient movement of freight, including movements of freight between modes.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 137

(3) IDENTIFICATION OF IMPEDIMENTS.—If the Secretary
determines on the basis of the review that there are impediments to improving the connectors serving intermodal facilities
referred to in paragraph (1), the Secretary shall identify such
impediments and make any appropriate recommendations as
part of the Secretary’s report to Congress under this subsection.
SEC. 1107. INTERSTATE MAINTENANCE PROGRAM.

(a) IN GENERAL.—Section 119 of title 23, United States Code,
is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) IN GENERAL.—
‘‘(1) PROJECTS.—The Secretary may approve projects for
resurfacing, restoring, rehabilitating, and reconstructing—
‘‘(A) routes on the Interstate System designated under
section 103(c)(1) and, in Alaska and Puerto Rico, under
section 103(c)(4)(A);
‘‘(B) routes on the Interstate System designated before
the date of enactment of the Transportation Equity Act
for the 21st Century under subsections (a) and (b) of section
139 (as in effect on the day before the date of enactment
of such Act); and
‘‘(C) any segments that become part of the Interstate
System under section 1105(e)(5) of the Intermodal Surface
Transportation Efficiency Act of 1991.
‘‘(2) TOLL ROADS.—The Secretary may approve a project
pursuant to this subsection on a toll road only if such road
is subject to a Secretarial agreement provided for in section
129 or continued in effect by section 1012(d) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 1939)
and not voided by the Secretary under section 120(c) of the
Surface Transportation and Uniform Relocation Assistance Act
of 1987 (101 Stat. 159).
‘‘(3) FUNDING.—Sums authorized to be appropriated to
carry out this section shall be out of the Highway Trust Fund
and shall be apportioned in accordance with section 104(b)(4).’’;
(2) by striking subsections (b), (c), and (e); and
(3) by redesignating subsections (d), (f), and (g) as subsections (b), (c), and (d), respectively.
(b) SET-ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS.—
Section 118(c) of such title is amended to read as follows:
‘‘(c) SET-ASIDES FOR INTERSTATE DISCRETIONARY PROJECTS.—
‘‘(1) IN GENERAL.—Before any apportionment is made under
section 104(b)(4), the Secretary shall set aside $50,000,000 in
fiscal year 1998 and $100,000,000 in each of fiscal years 1999
through 2003 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 (as in effect on the day before the date
of enactment of the Transportation Equity Act for the 21st
Century)) and any toll road on the Interstate System not subject
to an agreement under section 119(e) (as in effect on December
17, 1991).
‘‘(2) SELECTION CRITERIA.—The amounts set aside under
paragraph (1) shall be made available by the Secretary to

112 STAT. 138

23 USC 119 note.

PUBLIC LAW 105–178—JUNE 9, 1998
any State applying for such funds if the Secretary determines
that—
‘‘(A) the State has obligated or demonstrates that it
will obligate in the fiscal year all of its apportionments
under section 104(b)(4) other than an amount that, by
itself, is insufficient to pay the Federal share of the cost
of a project for resurfacing, restoring, rehabilitating, and
reconstructing the Interstate System that has been submitted by the State to the Secretary for approval; and
‘‘(B) the applicant is willing and able to—
‘‘(i) obligate the funds within 1 year of the date
the funds are made available;
‘‘(ii) apply the funds to a ready-to-commence
project; and
‘‘(iii) in the case of construction work, begin work
within 90 days after obligation.
‘‘(3) PRIORITY CONSIDERATION FOR CERTAIN PROJECTS.—In
selecting projects to fund under paragraph (1), 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 truck-volume route in a rural area.
‘‘(4) PERIOD OF AVAILABILITY OF DISCRETIONARY FUNDS.—
Sums made available pursuant to this subsection shall remain
available until expended.’’.
(c) INTERSTATE NEEDS.—
(1) STUDY.—The Secretary shall conduct, in cooperation
with States and affected metropolitan planning organizations,
a study to determine—
(A) the expected condition of the Interstate System
over the next 10 years and the needs of States and metropolitan planning organizations to reconstruct and improve
the Interstate System;
(B) the resources necessary to maintain and improve
the Interstate System; and
(C) the means to ensure that the Nation’s surface
transportation program can—
(i) address the needs identified in subparagraph
(A); and
(ii) allow for States to address any extraordinary
needs.
(2) REPORT.—Not later than January 1, 2000, the Secretary
shall transmit to Congress a report on the results of the study.

SEC. 1108. SURFACE TRANSPORTATION PROGRAM.

(a) ELIGIBILITY OF PROJECTS.—Section 133(b) of title 23, United
States Code, is amended—
(1) in paragraph (1) by inserting after ‘‘magnesium acetate’’
the following: ‘‘, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing
compositions’’;
(2) in paragraph (2) by striking ‘‘and publicly owned intracity or intercity bus terminals and facilities’’ and inserting
‘‘, including vehicles and facilities, whether publicly or privately
owned, that are used to provide intercity passenger service
by bus’’;
(3) in paragraph (3)—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 139

(A) by striking ‘‘and bicycle’’ and inserting ‘‘bicycle’’;
and
(B) by inserting before the period at the end the following: ‘‘, and the modification of public sidewalks to comply
with the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.)’’;
(4) in paragraph (4) by inserting ‘‘infrastructure’’ after
‘‘safety’’;
(5) in paragraph (9) by striking ‘‘section 108(f)(1)(A) (other
than clauses (xii) and (xvi)) of the Clean Air Act’’ and inserting
‘‘section 108(f)(1)(A) (other than clause (xvi)) of the Clean Air
Act (42 U.S.C. 7408(f)(1)(A))’’;
(6) in paragraph (11)—
(A) in the first sentence—
(i) by inserting ‘‘natural habitat and’’ after ‘‘participation in’’ each place it appears;
(ii) by striking ‘‘enhance and create’’ and inserting
‘‘enhance, and create natural habitats and’’; and
(iii) by inserting ‘‘natural habitat and’’ before ‘‘wetlands conservation’’; and
(B) by adding at the end the following: ‘‘With respect
to participation in a natural habitat or wetland mitigation
effort related to a project funded under this title that
has an impact that occurs within the service area of a
mitigation bank, preference shall be given, to the maximum
extent practicable, to the use of the mitigation bank if
the bank contains sufficient available credits to offset the
impact and the bank is approved in accordance with the
Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605 (November
28, 1995)) or other applicable Federal law (including regulations).’’; and
(7) by adding at the end the following:
‘‘(13) Infrastructure-based intelligent transportation systems capital improvements.
‘‘(14) Environmental restoration and pollution abatement
projects (including the retrofit or construction of storm water
treatment systems) to address water pollution or environmental
degradation caused or contributed to by transportation facilities, which projects shall be carried out when the transportation
facilities are undergoing reconstruction, rehabilitation, resurfacing, or restoration; except that the expenditure of funds
under this section for any such environmental restoration or
pollution abatement project shall not exceed 20 percent of the
total cost of the reconstruction, rehabilitation, resurfacing, or
restoration project.’’.
(b) TRANSPORTATION ENHANCEMENT ACTIVITIES.—Section 133
of such title is amended—
(1) in subsection (d)(3)(D) by striking ‘‘any State’’ and all
that follows through the period at the end and inserting
‘‘Hawaii and Alaska’’; and
(2) in subsection (e)—
(A) in paragraph (3)(B)(i) by striking ‘‘if the Secretary’’
and all that follows through ‘‘activities’’; and
(B) in paragraph (5) by adding at the end the following:
‘‘(C) COST SHARING.—

23 USC 133.

112 STAT. 140

23 USC 133.

Certification.
Notification.

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(i) REQUIRED AGGREGATE NON-FEDERAL SHARE.—
The average annual non-Federal share of the total
cost of all projects to carry out transportation enhancement activities in a State for a fiscal year shall be
not less than the non-Federal share authorized for
the State under section 120(b).
‘‘(ii) INNOVATIVE FINANCING.—Subject to clause (i),
notwithstanding section 120—
‘‘(I) funds from other Federal agencies and
the value of other contributions (as determined
by the Secretary) may be credited toward the nonFederal share of the costs of a project to carry
out a transportation enhancement activity;
‘‘(II) the non-Federal share for such a project
may be calculated on a project, multiple-project,
or program basis; and
‘‘(III) the Federal share of the cost of an
individual project to which subclause (I) or (II)
applies may be up to 100 percent.’’.
(c) PROGRAM APPROVAL.—Section 133(e) of such title is amended
by striking paragraph (2) and inserting the following:
‘‘(2) PROGRAM APPROVAL.—
‘‘(A) SUBMISSION OF PROJECT AGREEMENT.—For each
fiscal year, each State shall submit a project agreement
that—
‘‘(i) certifies that the State will meet all the
requirements of this section; and
‘‘(ii) notifies the Secretary of the amount of obligations needed to carry out the program under this section.
‘‘(B) REQUEST FOR ADJUSTMENTS OF AMOUNTS.—Each
State shall request from the Secretary such adjustments
to the amount of obligations referred to in subparagraph
(A)(ii) as the State determines to be necessary.
‘‘(C) EFFECT OF APPROVAL BY THE SECRETARY.—
Approval by the Secretary of a project agreement under
subparagraph (A) shall be deemed a contractual obligation
of the United States to pay surface transportation program
funds made available under this title.’’.
(d) PAYMENTS.—Section 133(e)(3)(A) of such title is amended
by striking the second sentence.
(e) SURFACE TRANSPORTATION PROGRAM OBLIGATIONS IN URBAN
AREAS.—Section 133 of such title is amended to read as follows:
‘‘(f) OBLIGATION AUTHORITY.—
‘‘(1) IN GENERAL.—A State that is required to obligate in
an urbanized area with an urbanized area population of over
200,000 individuals under subsection (d) funds apportioned to
the State under section 104(b)(3) shall make available during
the period of fiscal years 1998 through 2000 and the period
of fiscal years 2001 through 2003 an amount of obligation
authority distributed to the State for Federal-aid highways
and highway safety construction programs for use in the area
that is equal to the amount obtained by multiplying—
‘‘(A) the aggregate amount of funds that the State
is required to obligate in the area under subsection (d)
during the period; and
‘‘(B) the ratio that—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 141

‘‘(i) the aggregate amount of obligation authority
distributed to the State for Federal-aid highways and
highway safety construction programs during the
period; bears to
‘‘(ii) the total of the sums apportioned to the State
for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period.
‘‘(2) JOINT RESPONSIBILITY.—Each State, each affected
metropolitan planning organization, and the Secretary shall
jointly ensure compliance with paragraph (1).’’.
(f) DIVISION OF STP FUNDS FOR AREAS OF LESS THAN 5,000
POPULATION.—
(1) SPECIAL RULE.—Notwithstanding section 133(c) of title
23, United States Code, and except as provided in paragraph
(2), up to 15 percent of the amounts required to be obligated
under section 133(d)(3)(B) of such title for each of fiscal years
1998 through 2003 may be obligated on roads functionally
classified as minor collectors.
(2) SUSPENSION.—The Secretary may suspend the application of paragraph (1) if the Secretary determines that paragraph
(1) is being used excessively.
(g) ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERVICE CORPS.—The Secretary shall encourage the States to enter
into contracts and cooperative agreements with qualified youth
conservation or service corps to perform appropriate transportation
enhancement activities under chapter 1 of title 23, United States
Code.
SEC. 1109. HIGHWAY BRIDGE PROGRAM.

(a) APPORTIONMENT FORMULA.—Section 144(e) of title 23,
United States Code, is amended in the fourth sentence by inserting
before the period at the end the following: ‘‘, and, if a State transfers
funds apportioned to the State under this section in a fiscal year
beginning after September 30, 1997, to any other apportionment
of funds to such State under this title, the total cost of deficient
bridges in such State and in all States to be determined for the
succeeding fiscal year shall be reduced by the amount of such
transferred funds’’.
(b) DISCRETIONARY BRIDGE SET-ASIDE.—Section 144(g)(1) of
such title is amended—
(1) by inserting ‘‘(A) FISCAL YEARS 1992 THROUGH
1997.—’’ before ‘‘Of the amounts’’;
(2) by adding at the end the following:
‘‘(B) FISCAL YEAR 1998.—Of the amounts authorized
to be appropriated to carry out the bridge program under
this section for fiscal year 1998, all but $25,000,000 shall
be apportioned as provided in subsection (e) of this section.
Such $25,000,000 shall be available only for projects for
the seismic retrofit of a bridge described in subsection
(l).
‘‘(C) FISCAL YEARS 1999 THROUGH 2003.—Of the amounts
authorized to be appropriated to carry out the bridge program under this section for each of fiscal years 1999
through 2003, all but $100,000,000 shall be apportioned
as provided in subsection (e). Such $100,000,000 shall be
available at the discretion of the Secretary; except that

23 USC 133 note.

23 USC 133 note.

112 STAT. 142

23 USC 144.

PUBLIC LAW 105–178—JUNE 9, 1998

not to exceed $25,000,000 shall be available only for
projects for the seismic retrofit of bridges, including projects
in the New Madrid fault region.’’; and
(3) by indenting subparagraph (A) (as designated by paragraph (1) of this subsection) and aligning such subparagraph
(A) with subparagraphs (B) and (C) of such section (as added
by paragraph (2) of this subsection).
(c) OFF-SYSTEM BRIDGE SET-ASIDE.—Section 144(g)(3) of such
title is amended—
(1) by striking ‘‘, 1988’’ and all that follows through ‘‘1997,’’
and inserting ‘‘through 2003’’; and
(2) by striking ‘‘system’’ each place it appears and inserting
‘‘highway’’.
(d) ELIGIBILITY.—Section 144 of title 23, United States Code,
is amended—
(1) in subsection (d) by inserting after ‘‘magnesium acetate’’
the following: ‘‘, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and de-icing
compositions or installing scour countermeasures’’;
(2) in subsection (d) by inserting after ‘‘such acetate’’ each
place it appears the following: ‘‘or sodium acetate/formate or
such anti-icing or de-icing composition or installation of such
countermeasures’’; and
(3) in subsection (g)(3) by inserting after ‘‘magnesium
acetate’’ the following: ‘‘, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-icing and
de-icing compositions or install scour countermeasures’’.
(e) CONFORMING AMENDMENT.—Section 144(n) of such title is
amended by striking ‘‘system’’ and inserting ‘‘highway’’.
SEC. 1110. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.

(a) ESTABLISHMENT OF PROGRAM.—Section 149(a) of title 23,
United States Code, is amended by inserting after ‘‘establish’’ the
following: ‘‘and implement’’.
(b) CURRENTLY ELIGIBLE PROJECTS.—Section 149(b) of such
title is amended—
(1) by striking ‘‘that was designated as a nonattainment
area under section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)) during any part of fiscal year 1994’’ and inserting
the following: ‘‘that is or was designated as a nonattainment
area for ozone, carbon monoxide, or particulate matter under
section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) and
classified pursuant to section 181(a), 186(a), 188(a), or 188(b)
of the Clean Air Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or
7513(b)) or is or was designated as a nonattainment area under
such section 107(d) after December 31, 1997,’’;
(2) in paragraph (1)(A) by striking ‘‘clauses (xii) and’’; and
inserting ‘‘clause’’;
(3) in paragraph (1)(A)(ii) by striking ‘‘an area’’ and all
that follows through the semicolon and inserting ‘‘a maintenance area;’’;
(4) by striking ‘‘or’’ at the end of paragraph (3);
(5) by striking ‘‘standard.’’ at the end of paragraph (4)
and inserting ‘‘standard; or’’; and
(6) by inserting after paragraph (4) the following:

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 143

‘‘(5) if the program or project improves traffic flow, including projects to improve signalization, construct high occupancy
vehicle lanes, improve intersections, and implement intelligent
transportation system strategies and such other projects that
are eligible for assistance under this section on the day before
the date of enactment of this paragraph.’’.
(c) STATES RECEIVING MINIMUM APPORTIONMENT.—Section 149
of such title is amended by striking subsection (c) and inserting
the following:
‘‘(c) STATES RECEIVING MINIMUM APPORTIONMENT.—
‘‘(1) STATES WITHOUT A NONATTAINMENT AREA.—If a State
does not have, and never has had, a nonattainment area designated under the Clean Air Act (42 U.S.C. 7401 et seq.),
the State may use funds apportioned to the State under section
104(b)(2) for any project eligible under the surface transportation program under section 133.
‘‘(2) STATES WITH A NONATTAINMENT AREA.—If a State has
a nonattainment area or maintenance area and receives funds
under section 104(b)(2)(D) above the amount of funds that
the State would have received based on its nonattainment
and maintenance area population under subparagraphs (B) and
(C) of section 104(b)(2), the State may use that portion of
the funds not based on its nonattainment and maintenance
area population under subparagraphs (B) and (C) of section
104(b)(2) for any project in the State eligible under section
133.’’.
(d) PUBLIC-PRIVATE PARTNERSHIPS.—
(1) IN GENERAL.—Section 149 of such title is amended
by adding at the end the following:
‘‘(e) PARTNERSHIPS WITH NONGOVERNMENTAL ENTITIES.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this title and in accordance with this subsection, a metropolitan
planning organization, State transportation department, or
other project sponsor may enter into an agreement with any
public, private, or nonprofit entity to cooperatively implement
any project carried out under this section.
‘‘(2) FORMS OF PARTICIPATION BY ENTITIES.—Participation
by an entity under paragraph (1) may consist of—
‘‘(A) ownership or operation of any land, facility,
vehicle, or other physical asset associated with the project;
‘‘(B) cost sharing of any project expense;
‘‘(C) carrying out of administration, construction
management, project management, project operation, or
any other management or operational duty associated with
the project; and
‘‘(D) any other form of participation approved by the
Secretary.
‘‘(3) ALLOCATION TO ENTITIES.—A State may allocate funds
apportioned under section 104(b)(2) to an entity described in
paragraph (1).
‘‘(4) ALTERNATIVE FUEL PROJECTS.—In the case of a project
that will provide for the use of alternative fuels by privately
owned vehicles or vehicle fleets, activities eligible for funding
under this subsection—
‘‘(A) may include the costs of vehicle refueling infrastructure, including infrastructure that would support the
development, production, and use of emerging technologies

23 USC 149.

112 STAT. 144

23 USC 149 note.

23 USC 149 note.
Contracts.

PUBLIC LAW 105–178—JUNE 9, 1998
that reduce emissions of air pollutants from motor vehicles,
and other capital investments associated with the project;
‘‘(B) shall include only the incremental cost of an alternative fueled vehicle, as compared to a conventionally
fueled vehicle, that would otherwise be borne by a private
party; and
‘‘(C) shall apply other governmental financial purchase
contributions in the calculation of net incremental cost.
‘‘(5) PROHIBITION ON FEDERAL PARTICIPATION WITH RESPECT
TO REQUIRED ACTIVITIES.—A Federal participation payment
under this subsection may not be made to an entity to fund
an obligation imposed under the Clean Air Act (42 U.S.C.
7401 et seq.) or any other Federal law.’’.
(2) DETERMINATION BY THE SECRETARY.—For the purposes
of section 149(c) of title 23, United States Code, the Secretary
shall determine in accordance with the procedures specified
in section 149(b) of such title whether water-phased hydrocarbon fuel emulsion technologies that consist of a hydrocarbon
base and water in an amount not less than 20 percent by
volume that reduce emissions of hydrocarbon, particulate matter, carbon monoxide, or nitrogen oxide from motor vehicles.
(e) STUDY OF CMAQ PROGRAM.—
(1) IN GENERAL.—The Secretary and the Administrator of
the Environmental Protection Agency shall enter into arrangements with the National Academy of Sciences to complete,
by not later than January 1, 2001, a study of the congestion
mitigation and air quality improvement program under section
149 of title 23, United States Code. The study shall, at a
minimum—
(A) evaluate the air quality impacts of emissions from
motor vehicles;
(B) evaluate the negative effects of traffic congestion,
including the economic effects of time lost due to congestion;
(C) determine the amount of funds obligated under
the program and make a comprehensive analysis of the
types of projects funded under the program;
(D) evaluate the emissions reductions attributable to
projects of various types that have been funded under
the program;
(E) assess the effectiveness, including the quantitative
and nonquantitative benefits, of projects funded under the
program and include, in the assessment, an estimate of
the cost per ton of pollution reduction;
(F) assess the cost effectiveness of projects funded
under the program with respect to congestion mitigation;
(G) compare—
(i) the costs of achieving the air pollutant emissions
reductions achieved under the program; to
(ii) the costs that would be incurred if similar
reductions were achieved by other measures, including
pollution controls on stationary sources;
(H) include recommendations on improvements, including other types of projects, that will increase the overall
effectiveness of the program;
(I) include recommendations on expanding the scope
of the program to address traffic-related pollutants that,

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 145

as of the date of the study, are not addressed by the
program.
(2) REPORT.—Not later than January 1, 2000, the National
Academy of Sciences shall transmit to the Secretary, the
Committee on Transportation and Infrastructure and the
Committee on Commerce of the House of Representatives, and
the Committee on Environment and Public Works of the Senate
a report on the results of the study with recommendations
for modifications to the congestion mitigation and air quality
improvement program in light of the results of the study.
(3) FUNDING.—Before making the apportionment of funds
under section 104(b)(2) of title 23, United States Code, for
each of fiscal years 1999 and 2000, the Secretary shall deduct
from the amount to be apportioned under such section for
such fiscal year, and make available, $500,000 for such fiscal
year to carry out this subsection.
SEC. 1111. FEDERAL SHARE.

(a) STATE-DETERMINED LOWER FEDERAL SHARE.—Section 120
of title 23, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘Except’’ and inserting the following:
‘‘(1) IN GENERAL.—Except’’;
(B) by adding at the end the following:
‘‘(2) STATE-DETERMINED LOWER FEDERAL SHARE.—In the
case of any project subject to paragraph (1), a State may determine a lower Federal share than the Federal share determined
under such paragraph.’’; and
(C) by aligning the remainder of the text of paragraph
(1) (as designated by subparagraph (A) of this paragraph)
with paragraph (2) of such subsection (as added by subparagraph (B) of this paragraph); and
(2) in subsection (b) by adding at the end the following:
‘‘In the case of any project subject to this subsection, a State
may determine a lower Federal share than the Federal share
determined under the preceding sentences of this subsection.’’.
(b) INCREASED FEDERAL SHARE FOR CERTAIN SAFETY
PROJECTS.—The first sentence of section 120(c) of such title is
amended by inserting ‘‘or transit vehicles’’ after ‘‘emergency
vehicles’’.
(c) CREDIT FOR NON-FEDERAL SHARE.—Section 120 of such title
is amended by adding at the end the following:
‘‘(j) CREDIT FOR NON-FEDERAL SHARE.—
‘‘(1) ELIGIBILITY.—A State may use as a credit toward
the non-Federal share requirement for any funds made available to carry out this title (other than the emergency relief
program authorized by section 125) or chapter 53 of title 49
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, quasi-public, or private
agencies shall have built, improved, or maintained such facilities without Federal funds.
‘‘(2) MAINTENANCE OF EFFORT.—
‘‘(A) IN GENERAL.—The credit for any non-Federal share
provided under this subsection shall not reduce nor replace

112 STAT. 146

23 USC 130.

PUBLIC LAW 105–178—JUNE 9, 1998

State funds required to match Federal funds for any program under this title.
‘‘(B) CONDITION ON RECEIPT OF CREDIT.—To receive
a credit under paragraph (1) for a fiscal year, a State
shall enter into such agreement as the Secretary may
require to ensure that the State will maintain its nonFederal transportation capital expenditures in such fiscal
year at or above the average level of such expenditures
for the preceding 3 fiscal years; except that if, for any
1 of the preceding 3 fiscal years, the non-Federal transportation capital expenditures of the State were at a level
that was greater than 130 percent of the average level
of such expenditures for the other 2 of the preceding 3
fiscal years, the agreement shall ensure that the State
will maintain its non-Federal transportation capital
expenditures in the fiscal year of the credit at or above
the average level of such expenditures for the other 2
fiscal years.
‘‘(C)
TRANSPORTATION
CAPITAL
EXPENDITURES
DEFINED.—In subparagraph (B), the term ‘non-Federal
transportation capital expenditures’ includes any payments
made by the State for issuance of transportation-related
bonds.
‘‘(3) TREATMENT.—
‘‘(A) LIMITATION ON LIABILITY.—Use of a credit for a
non-Federal share under this subsection that is received
from a public, quasi-public, or private agency—
‘‘(i) shall not expose the agency to additional liability, additional regulation, or additional administrative
oversight; and
‘‘(ii) shall not subject the agency to any additional
Federal design standards or laws (including regulations) as a result of providing the non-Federal share
other than those to which the agency is already subject.
‘‘(B) CHARTERED MULTISTATE AGENCIES.—When a credit
that is received from a chartered multistate agency is
applied to a non-Federal share under this subsection, such
credit shall be applied equally to all charter States.’’.
(d) CONFORMING AMENDMENTS.—Section 130(a) of such title
is amended—
(1) in the first sentence by striking ‘‘Except as provided
in subsection (d) of section 120 of this title’’ and inserting
‘‘Subject to section 120’’; and
(2) in the second sentence by striking ‘‘except as provided
in subsection (d) of section 120 of this title’’ and inserting
‘‘subject to section 120’’.
SEC. 1112. RECREATIONAL TRAILS PROGRAM.

(a) IN GENERAL.—Chapter 2 of title 23, United States Code,
is amended by inserting after section 205 the following:
‘‘§ 206. Recreational trails program
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) MOTORIZED RECREATION.—The term ‘motorized recreation’ means off-road recreation using any motor-powered
vehicle, except for a motorized wheelchair.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 147

‘‘(2) RECREATIONAL TRAIL.—The term ‘recreational trail’
means a thoroughfare or track across land or snow, used for
recreational purposes such as—
‘‘(A) pedestrian activities, including wheelchair use;
‘‘(B) skating or skateboarding;
‘‘(C) equestrian activities, including carriage driving;
‘‘(D) nonmotorized snow trail activities, including skiing;
‘‘(E) bicycling or use of other human-powered vehicles;
‘‘(F) aquatic or water activities; and
‘‘(G) motorized vehicular activities, including all-terrain
vehicle riding, motorcycling, snowmobiling, use of off-road
light trucks, or use of other off-road motorized vehicles.
‘‘(b) PROGRAM.—In accordance with this section, the Secretary,
in consultation with the Secretary of the Interior and the Secretary
of Agriculture, shall carry out a program to provide and maintain
recreational trails.
‘‘(c) STATE RESPONSIBILITIES.—To be eligible for apportionments
under this section—
‘‘(1) the Governor of the State shall designate the State
agency or agencies that will be responsible for administering
apportionments made to the State under this section; and
‘‘(2) the State shall establish a State recreational trail
advisory committee that represents both motorized and nonmotorized recreational trail users, which shall meet not less
often than once per fiscal year.
‘‘(d) USE OF APPORTIONED FUNDS.—
‘‘(1) IN GENERAL.—Funds apportioned to a State to carry
out this section shall be obligated for recreational trails and
related projects that—
‘‘(A) have been planned and developed under the laws,
policies, and administrative procedures of the State; and
‘‘(B) are identified in, or further a specific goal of,
a recreational trail plan, or a statewide comprehensive
outdoor recreation plan required by the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.),
that is in effect.
‘‘(2) PERMISSIBLE USES.—Permissible uses of funds apportioned to a State for a fiscal year to carry out this section
include—
‘‘(A) maintenance and restoration of existing recreational trails;
‘‘(B) development and rehabilitation of trailside and
trailhead facilities and trail linkages for recreational trails;
‘‘(C) purchase and lease of recreational trail construction and maintenance equipment;
‘‘(D) construction of new recreational trails, except that,
in the case of new recreational trails crossing Federal lands,
construction of the trails shall be—
‘‘(i) permissible under other law;
‘‘(ii) necessary and required by a statewide comprehensive outdoor recreation plan that is required
by the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l–4 et seq.) and that is in effect;
‘‘(iii) approved by the administering agency of the
State designated under subsection (c)(1); and

112 STAT. 148

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘(iv) approved by each Federal agency having jurisdiction over the affected lands under such terms and
conditions as the head of the Federal agency determines to be appropriate, except that the approval shall
be contingent on compliance by the Federal agency
with all applicable laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.), and
the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.);
‘‘(E) acquisition of easements and fee simple title to
property for recreational trails or recreational trail corridors;
‘‘(F) payment of costs to the State incurred in administering the program, but in an amount not to exceed
7 percent of the apportionment made to the State for the
fiscal year to carry out this section; and
‘‘(G) operation of educational programs to promote
safety and environmental protection as those objectives
relate to the use of recreational trails, but in an amount
not to exceed 5 percent of the apportionment made to
the State for the fiscal year.
‘‘(3) USE OF APPORTIONMENTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B), (C), and (D), of the apportionments made to
a State for a fiscal year to carry out this section—
‘‘(i) 40 percent shall be used for recreational trail
or related projects that facilitate diverse recreational
trail use within a recreational trail corridor, trailside,
or trailhead, regardless of whether the project is for
diverse motorized use, for diverse nonmotorized use,
or to accommodate both motorized and nonmotorized
recreational trail use;
‘‘(ii) 30 percent shall be used for uses relating
to motorized recreation; and
‘‘(iii) 30 percent shall be used for uses relating
to nonmotorized recreation.
‘‘(B) SMALL STATE EXCLUSION.—Any State with a total
land area of less than 3,500,000 acres shall be exempt
from the requirements of clauses (ii) and (iii) of subparagraph (A).
‘‘(C) WAIVER AUTHORITY.—A State recreational trail
advisory committee established under subsection (c)(2) may
waive, in whole or in part, the requirements of clauses
(ii) and (iii) of subparagraph (A) if the State recreational
trail advisory committee determines and notifies the Secretary that the State does not have sufficient projects to
meet the requirements of clauses (ii) and (iii) of subparagraph (A).
‘‘(D) STATE ADMINISTRATIVE COSTS.—State administrative costs eligible for funding under paragraph (2)(F) shall
be exempt from the requirements of subparagraph (A).
‘‘(4) GRANTS.—
‘‘(A) IN GENERAL.—A State may use funds apportioned
to the State to carry out this section to make grants to

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 149

private organizations, municipal, county, State, and Federal Government entities, and other government entities
as approved by the State after considering guidance from
the State recreational trail advisory committee established
under subsection (c)(2), for uses consistent with this section.
‘‘(B) COMPLIANCE.—A State that makes grants under
subparagraph (A) shall establish measures to verify that
recipients of the grants comply with the conditions of the
program for the use of grant funds.
‘‘(e) ENVIRONMENTAL BENEFIT OR MITIGATION.—To the extent
practicable and consistent with the other requirements of this section, a State should give consideration to project proposals that
provide for the redesign, reconstruction, nonroutine maintenance,
or relocation of recreational trails to benefit the natural environment or to mitigate and minimize the impact to the natural environment.
‘‘(f) FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Subject to the other provisions of this
subsection, the Federal share of the cost of a project under
this section shall not exceed 80 percent.
‘‘(2) FEDERAL AGENCY PROJECT SPONSOR.—Notwithstanding
any other provision of law, a Federal agency that sponsors
a project under this section may contribute additional Federal
funds toward the cost of a project, except that—
‘‘(A) the share attributable to the Secretary of
Transportation may not exceed 80 percent of the cost of
a project under this section; and
‘‘(B) the share attributable to the Secretary and the
Federal agency may not exceed 95 percent of the cost
of a project under this section.
‘‘(3) USE OF FUNDS FROM FEDERAL PROGRAMS TO PROVIDE
NON-FEDERAL SHARE.—Notwithstanding any other provision of
law, the non-Federal share of the cost of the project may include
amounts made available by the Federal Government under
any Federal program that are—
‘‘(A) expended in accordance with the requirements
of the Federal program relating to activities funded and
populations served; and
‘‘(B) expended on a project that is eligible for assistance
under this section.
‘‘(4) PROGRAMMATIC NON-FEDERAL SHARE.—A State may
allow adjustments to the non-Federal share of an individual
project for a fiscal year under this section if the Federal share
of the cost of all projects carried out by the State under the
program (excluding projects funded under paragraph (2) or
(3)) using funds apportioned to the State for the fiscal year
does not exceed 80 percent.
‘‘(5) STATE ADMINISTRATIVE COSTS.—The Federal share of
the administrative costs of a State under this subsection shall
be determined in accordance with section 120(b).
‘‘(g) USES NOT PERMITTED.—A State may not obligate funds
apportioned to carry out this section for—
‘‘(1) condemnation of any kind of interest in property;
‘‘(2) construction of any recreational trail on National Forest
System land for any motorized use unless—
‘‘(A) the land has been designated for uses other than
wilderness by an approved forest land and resource

112 STAT. 150

PUBLIC LAW 105–178—JUNE 9, 1998
management plan or has been released to uses other than
wilderness by an Act of Congress; and
‘‘(B) the construction is otherwise consistent with the
management direction in the approved forest land and
resource management plan;
‘‘(3) construction of any recreational trail on Bureau of
Land Management land for any motorized use unless the land—
‘‘(A) has been designated for uses other than wilderness
by an approved Bureau of Land Management resource
management plan or has been released to uses other than
wilderness by an Act of Congress; and
‘‘(B) the construction is otherwise consistent with the
management direction in the approved management plan;
or
‘‘(4) upgrading, expanding, or otherwise facilitating motorized use or access to recreational trails predominantly used
by nonmotorized recreational trail users and on which, as of
May 1, 1991, motorized use was prohibited or had not occurred.
‘‘(h) PROJECT ADMINISTRATION.—
‘‘(1) CREDIT FOR DONATIONS OF FUNDS, MATERIALS, SERVICES, OR NEW RIGHT-OF-WAY.—
‘‘(A) IN GENERAL.—Nothing in this title or other law
shall prevent a project sponsor from offering to donate
funds, materials, services, or a new right-of-way for the
purposes of a project eligible for assistance under this
section. Any funds, or the fair market value of any materials, services, or new right-of-way, may be donated by
any project sponsor and shall be credited to the non-Federal
share in accordance with subsection (f).
‘‘(B) FEDERAL PROJECT SPONSORS.—Any funds or the
fair market value of any materials or services may be
provided by a Federal project sponsor and shall be credited
to the Federal agency’s share in accordance with subsection
(f).
‘‘(2) RECREATIONAL PURPOSE.—A project funded under this
section is intended to enhance recreational opportunity and
is not subject to section 138 of this title or section 303 of
title 49.
‘‘(3) CONTINUING RECREATIONAL USE.—At the option of each
State, funds apportioned to the State to carry out this section
may be treated as Land and Water Conservation Fund apportionments for the purposes of section 6(f)(3) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–8(f)(3)).
‘‘(4) COOPERATION BY PRIVATE PERSONS.—
‘‘(A) WRITTEN ASSURANCES.—As a condition of making
available apportionments for work on recreational trails
that would affect privately owned land, a State shall obtain
written assurances that the owner of the land will cooperate
with the State and participate as necessary in the activities
to be conducted.
‘‘(B) PUBLIC ACCESS.—Any use of the apportionments
to a State to carry out this section on privately owned
land must be accompanied by an easement or other legally
binding agreement that ensures public access to the recreational trail improvements funded by the apportionments.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 151

‘‘(i) CONTRACT AUTHORITY.—Funds authorized to carry out this
section shall be available for obligation in the same manner as
if the funds were apportioned under chapter 1, except that the
Federal share of the cost of a project under this section shall
be determined in accordance with this section.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 2 of
title 23, United States Code, is amended by striking the item
relating to section 206 and inserting the following:
‘‘206. Recreational trails program.’’.

(c) REPEAL OF OBSOLETE PROVISION.—Section 1302 of the Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C.
1261) is repealed.
(d) TERMINATION OF ADVISORY COMMITTEE.—Section 1303 of
such Act (16 U.S.C. 1262) is amended by adding at the end the
following:
‘‘(j) TERMINATION.—The advisory committee established by this
section shall terminate on September 30, 2000.’’.
(e) ENCOURAGEMENT OF USE OF YOUTH CONSERVATION OR SERVICE CORPS.—The Secretary shall encourage the States to enter
into contracts and cooperative agreements with qualified youth
conservation or service corps to perform construction and maintenance of recreational trails under section 206 of title 23, United
States Code.
SEC. 1113. EMERGENCY RELIEF.

(a) FEDERAL SHARE.—Section 120(e) of title 23, United States
Code, is amended in the first sentence by striking ‘‘highway system’’
and inserting ‘‘highway’’.
(b) ELIGIBILITY AND FUNDING.—Section 125 of such title is
amended—
(1) by redesignating subsections (b), (c), and (d) as subsections (d), (e), and (f), respectively;
(2) by striking subsection (a) and inserting the following:
‘‘(a) GENERAL ELIGIBILITY.—Subject to this section and section
120, an emergency fund is authorized for expenditure by the Secretary for the repair or reconstruction of highways, roads, and
trails, in any part of the United States, including Indian reservations, that the Secretary finds have suffered serious damage as
a result of—
‘‘(1) natural disaster over a wide area, such as by a flood,
hurricane, tidal wave, earthquake, severe storm, or landslide;
or
‘‘(2) catastrophic failure from any external cause.
‘‘(b) RESTRICTION ON ELIGIBILITY.—In no event shall funds be
used pursuant to this section for the repair or reconstruction of
bridges that have been permanently closed to all vehicular traffic
by the State or responsible local official because of imminent danger
of collapse due to a structural deficiency or physical deterioration.
‘‘(c) FUNDING.—Subject to the following limitations, there are
authorized to be appropriated from the Highway Trust Fund (other
than the Mass Transit Account) such sums as may be necessary
to establish the fund authorized by this section and to replenish
it on an annual basis:
‘‘(1) Not more than $100,000,000 is authorized to be obligated in any 1 fiscal year commencing after September 30,
1980, to carry out the provisions of this section; except that,
if in any fiscal year the total of all obligations under this

23 USC 206 note.

112 STAT. 152

23 USC 120.

PUBLIC LAW 105–178—JUNE 9, 1998

section is less than the amount authorized to be obligated
in such fiscal year, the unobligated balance of such amount
shall remain available until expended and shall be in addition
to amounts otherwise available to carry out this section each
year.
‘‘(2) Pending such appropriation or replenishment, the Secretary may obligate from any funds heretofore or hereafter
appropriated for obligation in accordance with this title, including existing Federal-aid appropriations, such sums as may be
necessary for the immediate prosecution of the work herein
authorized. Funds obligated under this paragraph shall be
reimbursed from such appropriation or replenishment.’’;
(3) in subsection (d) (as so redesignated)—
(A) in the first sentence by striking ‘‘reconstruction
of highways’’ and all that follows through ‘‘in accordance’’
and inserting ‘‘reconstruction of highways on Federal-aid
highways in accordance’’;
(B) by striking ‘‘subsection (c)’’ both places it appears
and inserting ‘‘subsection (e)’’;
(C) in the second sentence by striking ‘‘authorized’’
and all that follows through the period and inserting
‘‘authorized on Federal-aid highways.’’; and
(D) in the last sentence by striking ‘‘Disaster Relief
and Emergency Assistance Act (Public Law 93–288)’’ and
inserting ‘‘Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)’’; and
(4) in subsection (e) (as so redesignated) by striking ‘‘on
any of the Federal-aid highway systems’’ and inserting ‘‘Federal-aid highways’’.
(c) SAN MATEO COUNTY, CALIFORNIA.—Notwithstanding any
other provision of law, a project to repair or reconstruct any portion
of a Federal-aid primary route in San Mateo County, California,
that—
(1) was destroyed as a result of a combination of storms
in the winter of 1982–1983 and a mountain slide; and
(2) until its destruction, served as the only reasonable
access route between 2 cities and as the designated emergency
evacuation route of 1 of the cities;
shall be eligible for assistance under section 125(a) of title 23,
United States Code, if the project complies with the local coastal
plan.
(d) TECHNICAL AMENDMENTS.—Section 120(e) of such title is
amended—
(1) by striking ‘‘(c)’’ and inserting ‘‘(b)’’; and
(2) by striking ‘‘90’’ and inserting ‘‘180’’.
SEC. 1114. HIGHWAY USE TAX EVASION PROJECTS.

(a) IN GENERAL.—Section 143 of title 23, United States Code,
is amended to read as follows:
‘‘§ 143. Highway use tax evasion projects
‘‘(a) STATE DEFINED.—In this section, the term ‘State’ means
the 50 States and the District of Columbia.
‘‘(b) PROJECTS.—
‘‘(1) IN GENERAL.—The Secretary shall carry out highway
use tax evasion projects in accordance with this subsection.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 153

‘‘(2) ALLOCATION OF FUNDS.—Funds made available to carry
out this section may be allocated to the Internal Revenue
Service and the States at the discretion of the Secretary.
‘‘(3) CONDITIONS ON FUNDS ALLOCATED TO INTERNAL REVENUE SERVICE.—The Secretary shall not impose any condition
on the use of funds allocated to the Internal Revenue Service
under this subsection.
‘‘(4) LIMITATION ON USE OF FUNDS.—Funds made available
to carry out this section shall be used only—
‘‘(A) to expand efforts to enhance motor fuel tax
enforcement;
‘‘(B) to fund additional Internal Revenue Service staff,
but only to carry out functions described in this paragraph;
‘‘(C) to supplement motor fuel tax examinations and
criminal investigations;
‘‘(D) to develop automated data processing tools to
monitor motor fuel production and sales;
‘‘(E) to evaluate and implement registration and reporting requirements for motor fuel taxpayers;
‘‘(F) to reimburse State expenses that supplement existing fuel tax compliance efforts; and
‘‘(G) to analyze and implement programs to reduce
tax evasion associated with other highway use taxes.
‘‘(5) MAINTENANCE OF EFFORT.—The Secretary may not
make an allocation to a State under this subsection for a
fiscal year unless the State certifies that the aggregate expenditure of funds of the State, exclusive of Federal funds, for motor
fuel tax enforcement activities will be maintained at a level
that does not fall below the average level of such expenditure
for the preceding 2 fiscal years of the State.
‘‘(6) FEDERAL SHARE.—The Federal share of the cost of
a project carried out under this subsection shall be 100 percent.
‘‘(7) PERIOD OF AVAILABILITY.—Funds authorized to carry
out this section shall remain available for obligation for a
period of 3 years after the last day of the fiscal year for
which the funds are authorized.
‘‘(8) USE OF SURFACE TRANSPORTATION PROGRAM FUNDING.—
In addition to funds made available to carry out this section,
a State may expend up to 1⁄4 of 1 percent of the funds apportioned to the State for a fiscal year under section 104(b)(3)
on initiatives to halt the evasion of payment of motor fuel
taxes.
‘‘(c) EXCISE FUEL REPORTING SYSTEM.—
‘‘(1) IN GENERAL.—Not later than April 1, 1998, the Secretary shall enter into a memorandum of understanding with
the Commissioner of the Internal Revenue Service for the purposes of the development and maintenance by the Internal
Revenue Service of an excise fuel reporting system (in this
subsection referred to as the ‘system’).
‘‘(2) ELEMENTS OF MEMORANDUM OF UNDERSTANDING.—The
memorandum of understanding shall provide that—
‘‘(A) the Internal Revenue Service shall develop and
maintain the system through contracts;
‘‘(B) the system shall be under the control of the
Internal Revenue Service; and
‘‘(C) the system shall be made available for use by
appropriate State and Federal revenue, tax, and law

Contracts.

112 STAT. 154

PUBLIC LAW 105–178—JUNE 9, 1998
enforcement authorities, subject to section 6103 of the
Internal Revenue Code of 1986.
‘‘(3) FUNDING.—Of the amounts made available to carry
out this section for each of fiscal years 1998 through 2003,
the Secretary shall make available sufficient funds to the
Internal Revenue Service to establish and operate an automated
fuel reporting system.’’.
(b) CONFORMING AMENDMENTS.—
(1) The analysis for chapter 1 of such title is amended
by striking the item relating to section 143 and inserting the
following:

‘‘143. Highway use tax evasion projects.’’.

(2) Section 1040 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992)
is repealed.
(3) Section 8002 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 2203)
is amended—
(A) in the first sentence of subsection (g) by striking
‘‘section 1040 of this Act’’ and inserting ‘‘section 143 of
title 23, United States Code,’’; and
(B) by striking subsection (h).
SEC. 1115. FEDERAL LANDS HIGHWAYS PROGRAM.

(a) FEDERAL SHARE PAYABLE.—Section 120 of title 23, United
States Code, is amended by adding at the end the following:
‘‘(j) USE OF FEDERAL LAND MANAGEMENT AGENCY FUNDS.—
Notwithstanding any other provision of law, the funds appropriated
to any Federal land management agency may be used to pay the
non-Federal share of the cost of any Federal-aid highway project
the Federal share of which is funded under section 104.
‘‘(k) USE OF FEDERAL LANDS HIGHWAYS PROGRAM FUNDS.—
Notwithstanding any other provision of law, the funds authorized
to be appropriated to carry out the Federal lands highways program
under section 204 may be used to pay the non-Federal share of
the cost of any project that is funded under section 104 and that
provides access to or within Federal or Indian lands.’’.
(b) ALLOCATIONS.—Section 202(d) of such title is amended—
(1) by inserting ‘‘INDIAN RESERVATION ROADS.—’’ after ‘‘(d)’’;
(2) by inserting ‘‘(1) FOR FISCAL YEARS ENDING BEFORE
OCTOBER 1, 1999.—’’ before ‘‘On October’’;
(3) by inserting after ‘‘each fiscal year’’ the following: ‘‘ending before October 1, 1999’’;
(4) by adding at the end the following:
‘‘(2) FISCAL YEAR 2000 AND THEREAFTER.—
‘‘(A) IN GENERAL.—All funds authorized to be appropriated for Indian reservation roads shall be allocated
among Indian tribes for fiscal year 2000 and each subsequent fiscal year in accordance with a formula established
by the Secretary of the Interior under a negotiated rulemaking procedure under subchapter III of chapter 5 of
title 5.
‘‘(B) REGULATIONS.—Notwithstanding sections 563(a)
and 565(a) of title 5, the Secretary of the Interior shall
issue regulations governing the Indian reservation roads
program, and establishing the funding formula for fiscal

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 155

year 2000 and each subsequent fiscal year under this paragraph, in accordance with a negotiated rulemaking procedure under subchapter III of chapter 5 of title 5. The
regulations shall be issued in final form not later than
April 1, 1999, and shall take effect not later than October
1, 1999.
‘‘(C)
NEGOTIATED
RULEMAKING
COMMITTEE.—In
establishing a negotiated rulemaking committee to carry
out subparagraph (B), the Secretary of the Interior shall—
‘‘(i) apply the procedures under subchapter III of
chapter 5 of title 5 in a manner that reflects the
unique
government-to-government
relationship
between the Indian tribes and the United States; and
‘‘(ii) ensure that the membership of the committee
includes only representatives of the Federal Government and of geographically diverse small, medium,
and large Indian tribes.
‘‘(D) BASIS FOR FUNDING FORMULA.—The funding formula established for fiscal year 2000 and each subsequent
fiscal year under this paragraph shall be based on factors
that reflect—
‘‘(i) the relative needs of the Indian tribes, and
reservation or tribal communities, for transportation
assistance; and
‘‘(ii) the relative administrative capacities of, and
challenges faced by, various Indian tribes, including
the cost of road construction in each Bureau of Indian
Affairs area, geographic isolation and difficulty in
maintaining all-weather access to employment, commerce, health, safety, and educational resources.
‘‘(3) CONTRACTS AND AGREEMENTS WITH INDIAN TRIBES.—
‘‘(A) IN GENERAL.—Notwithstanding any other provision of law or any interagency agreement, program guideline, manual, or policy directive, all funds made available
under this title for Indian reservation roads and for highway bridges located on Indian reservation roads to pay
for the costs of programs, services, functions, and activities,
or portions thereof, that are specifically or functionally
related to the cost of planning, research, engineering, and
construction of any highway, road, bridge, parkway, or
transit facility that provides access to or is located within
the reservation or community of an Indian tribe shall be
made available, upon request of the Indian tribal government, to the Indian tribal government for contracts and
agreements for such planning, research, engineering, and
construction in accordance with the Indian Self-Determination and Education Assistance Act.
‘‘(B) EXCLUSION OF AGENCY PARTICIPATION.—Funds for
programs, functions, services, or activities, or portions
thereof, including supportive administrative functions that
are otherwise contractible to which subparagraph (A)
applies, shall be paid in accordance with subparagraph
(A) without regard to the organizational level at which
the Department of the Interior that has previously carried
out such programs, functions, services, or activities.
‘‘(4) RESERVATION OF FUNDS.—

112 STAT. 156

23 USC 203.

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(A) NATIONWIDE PRIORITY PROGRAM.—The Secretary
shall establish a nationwide priority program for improving
deficient Indian reservation road bridges.
‘‘(B) RESERVATION.—Of the amounts authorized to be
appropriated for Indian reservation roads for each fiscal
year, the Secretary, in cooperation with the Secretary of
the Interior, shall reserve not less than $13,000,000 for
projects to replace, rehabilitate, seismically retrofit, paint,
apply calcium magnesium acetate to, apply sodium acetate/
formate de-icer to, or install scour countermeasures for
deficient Indian reservation road bridges, including multiple-pipe culverts.
‘‘(C) ELIGIBLE BRIDGES.—To be eligible to receive funding under this subsection, a bridge described in subparagraph (A) must—
‘‘(i) have an opening of 20 feet or more;
‘‘(ii) be on an Indian reservation road;
‘‘(iii) be unsafe because of structural deficiencies,
physical deterioration, or functional obsolescence; and
‘‘(iv) be recorded in the national bridge inventory
administered by the Secretary under subsection (b).
‘‘(D) APPROVAL REQUIREMENT.—Funds to carry out
Indian reservation road bridge projects under this subsection shall be made available only on approval of plans,
specifications, and estimates by the Secretary.’’; and
(5) by indenting paragraph (1) (as designated by paragraph
(2) of this paragraph) and aligning paragraph (1) with paragraphs (2), (3), and (4) (as added by paragraph (4) of this
paragraph).
(c) AVAILABILITY OF FUNDS.—Section 203 of such title is
amended by adding at the end the following: ‘‘Notwithstanding
any other provision of law, the authorization by the Secretary
of engineering and related work for a Federal lands highways
program project, or the approval by the Secretary of plans, specifications, and estimates for construction of a Federal lands highways
program project, shall be deemed to constitute a contractual obligation of the Federal Government to pay the Federal share of the
cost of the project.’’.
(d) PLANNING AND AGENCY COORDINATION.—Section 204 of such
title is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—Recognizing the need for all Federal
roads that are public roads to be treated under uniform policies
similar to the policies that apply to Federal-aid highways, there
is established a coordinated Federal lands highways program
that shall apply to public lands highways, park roads and
parkways, and Indian reservation roads and bridges.
‘‘(2) TRANSPORTATION PLANNING PROCEDURES.—In consultation with the Secretary of each appropriate Federal land
management agency, the Secretary shall develop, by rule,
transportation planning procedures that are consistent with
the metropolitan and statewide planning processes required
under sections 134 and 135.
‘‘(3) APPROVAL OF TRANSPORTATION IMPROVEMENT PROGRAM.—The transportation improvement program developed as

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 157

a part of the transportation planning process under this section
shall be approved by the Secretary.
‘‘(4) INCLUSION IN OTHER PLANS.—All regionally significant
Federal lands highways program projects—
‘‘(A) shall be developed in cooperation with States and
metropolitan planning organizations; and
‘‘(B) shall be included in appropriate Federal lands
highways program, State, and metropolitan plans and
transportation improvement programs.
‘‘(5) INCLUSION IN STATE PROGRAMS.—The approved Federal
lands highways program transportation improvement program
shall be included in appropriate State and metropolitan planning organization plans and programs without further action
on the transportation improvement program.
‘‘(6) DEVELOPMENT OF SYSTEMS.—The Secretary and the
Secretary of each appropriate Federal land management agency
shall, to the extent appropriate, develop by rule safety, bridge,
pavement, and congestion management systems for roads
funded under the Federal lands highways program.’’;
(2) in subsection (b) by striking the first 3 sentences and
inserting the following: ‘‘Funds available for public lands highways, park roads and parkways, and Indian reservation roads
shall be used by the Secretary and the Secretary of the appropriate Federal land management agency to pay for the cost
of transportation planning, research, engineering, and construction of the highways, roads, and parkways, or of transit facilities
within public lands, national parks, and Indian reservations.
In connection with activities under the preceding sentence,
the Secretary and the Secretary of the appropriate Federal
land management agency may enter into construction contracts
and other appropriate contracts with a State or civil subdivision
of a State or Indian tribe.’’;
(3) in the first sentence of subsection (e) by striking ‘‘Secretary of the Interior’’ and inserting ‘‘Secretary of the appropriate Federal land management agency’’;
(4) in subsection (h) by adding at the end the following:
‘‘(8) A project to build a replacement of the federally owned
bridge over the Hoover Dam in the Lake Mead National Recreation Area between Nevada and Arizona.’’;
(5) by striking subsection (i) and inserting the following:
‘‘(i) TRANSFERS OF COSTS TO SECRETARIES OF FEDERAL LAND
MANAGEMENT AGENCIES.—
‘‘(1) ADMINISTRATIVE COSTS.—The Secretary shall transfer
to the appropriate Federal land management agency from
amounts made available for public lands highways such
amounts as are necessary to pay necessary administrative costs
of the agency in connection with public lands highways.
‘‘(2) TRANSPORTATION PLANNING COSTS.—The Secretary
shall transfer to the appropriate Federal land management
agency from amounts made available for public lands highways
such amounts as are necessary to pay the cost to the agency
to conduct necessary transportation planning for Federal lands,
if funding for the planning is not otherwise provided under
this section.’’; and
(6) in subsection (j) by striking the second sentence and
inserting the following: ‘‘The Indian tribal government, in

112 STAT. 158

23 USC 201.

Effective date.

PUBLIC LAW 105–178—JUNE 9, 1998

cooperation with the Secretary of the Interior, and as appropriate, with a State, local government, or metropolitan planning
organization, shall carry out a transportation planning process
in accordance with subsection (a).’’.
(e) REFUGE ROADS.—
(1) AUTHORIZATIONS.—Section 201 of such title is amended
in the first sentence by inserting ‘‘refuge roads,’’ before ‘‘public
lands highways,’’.
(2) ALLOCATIONS.—Section 202 of such title is amended
by adding at the end the following:
‘‘(e) REFUGE ROADS.—On October 1 of each fiscal year, the
Secretary shall allocate the sums made available for that fiscal
year for refuge roads according to the relative needs of the various
refuges in the National Wildlife Refuge System, and taking into
consideration—
‘‘(1) the comprehensive conservation plan for each refuge;
‘‘(2) the need for access as identified through land use
planning; and
‘‘(3) the impact of land use planning on existing transportation facilities.’’.
(3) AVAILABILITY OF FUNDS.—Section 203 of such title is
amended in the first and fourth sentences—
(A) by striking ‘‘for,’’ and inserting ‘‘for’’; and
(B) by inserting ‘‘refuge roads,’’ after ‘‘parkways,’’ each
place it appears.
(4) USE OF FUNDING.—Section 204 of such title is amended
by adding at the end the following:
‘‘(k) REFUGE ROADS.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this title, funds made available for refuge roads shall be used
by the Secretary and the Secretary of the Interior only to
pay the cost of—
‘‘(A) maintenance and improvements of refuge roads;
‘‘(B) maintenance and improvements of eligible projects
described in paragraphs (2), (5), and (6) of subsection (h)
that are located in or adjacent to wildlife refuges; and
‘‘(C) administrative costs associated with such maintenance and improvements.
‘‘(2) CONTRACTS.—In carrying out paragraph (1), the Secretary and the Secretary of the Interior, as appropriate, may
enter into contracts with a State or civil subdivision of a State
or Indian tribe as is determined advisable.
‘‘(3) COMPLIANCE WITH OTHER LAW.—Funds made available
for refuge roads shall be used only for projects that are in
compliance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.).’’.
SEC. 1116. WOODROW WILSON MEMORIAL BRIDGE.

(a) DEFINITIONS.—Section 404 of the Woodrow Wilson Memorial
Bridge Authority Act of 1995 (109 Stat. 628) is amended—
(1) in paragraph (3) by striking ‘‘, including approaches
thereto’’; and
(2) in paragraph (5) by striking ‘‘to be determined under
section 407. Such’’ and all that follows through the period
at the end and inserting the following: ‘‘as described in the
record of decision executed by the Secretary in compliance
with the National Environmental Policy Act of 1969 (42 U.S.C.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 159

4321 et seq.). The term includes ongoing short-term rehabilitation and repairs to the Bridge.’’.
(b) OWNERSHIP OF BRIDGE.—
(1) CONVEYANCE BY THE SECRETARY.—Section 407(a)(1) of
such Act (109 Stat. 630) is amended by inserting ‘‘or any
Capital Region jurisdiction’’ after ‘‘Authority’’ each place it
appears.
(2) AGREEMENT.—Section 407 of such Act (109 Stat. 630)
is amended by striking subsection (c) and inserting the following:
‘‘(c) AGREEMENT.—
‘‘(1) IN GENERAL.—The agreement referred to in subsection
(a) is an agreement concerning the Project that is executed
by the Secretary and the Authority or any Capital Region
jurisdiction that accepts ownership of the new bridge.
‘‘(2) TERMS OF THE AGREEMENT.—The agreement shall—
‘‘(A) identify whether the Authority or a Capital Region
jurisdiction will accept ownership of the new bridge;
‘‘(B) contain a financial plan satisfactory to the Secretary, which shall be prepared before the execution of
the agreement, that specifies—
‘‘(i) the total cost of the Project, including any
cost-saving measures;
‘‘(ii) a schedule for implementation of the Project,
including whether any expedited design and construction techniques will be used; and
‘‘(iii) the sources of funding that will be used to
cover any costs of the Project not funded from funds
made available under section 412;
‘‘(C) require that—
‘‘(i) the Project include not more than 12 traffic
lanes, including 8 general purpose lanes, 2 merging/
diverging lanes, and 2 high occupancy vehicle, express
bus, or rail transit lanes;
‘‘(ii) the design, construction, and operation of the
Project reflect the requirements of clause (i);
‘‘(iii) all provisions described in the environmental
impact statement for the Project or the record of decision for the Project (including in the attachments to
the statement and record) for mitigation of environmental and other impacts of the Project be implemented; and
‘‘(iv) the Authority and the Capital Region jurisdictions develop a process to integrate affected local
governments, on an ongoing basis, in the process of
carrying out the engineering, design, and construction
phases of the project, including planning for
implementing the provisions described in clause (iii);
and
‘‘(D) contain such other terms and conditions as the
Secretary determines to be appropriate.’’.
(c) FEDERAL CONTRIBUTION.—Such Act (109 Stat. 627) is
amended by adding at the end the following:
‘‘SEC. 412. FEDERAL CONTRIBUTION.

‘‘(a) FUNDING.—

112 STAT. 160

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(1) IN GENERAL.—There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) $25,000,000 for fiscal year 1998, $75,000,000 for fiscal
year 1999, $150,000,000 for fiscal year 2000, $200,000,000 for
fiscal year 2001, $225,000,000 for fiscal year 2002, and
$225,000,000 for fiscal year 2003 to pay the costs of planning,
preliminary engineering and design, final engineering, acquisition of rights-of-way, and construction of the Project; except
that the costs associated with the Bridge shall be given priority
over other eligible costs, other than design costs, of the Project.
‘‘(2) CONTRACT AUTHORITY.—Funds authorized by this section shall be available for obligation in the same manner as
if the funds were apportioned under chapter 1 of title 23,
United States Code; except that—
‘‘(A) the funds shall remain available until expended;
‘‘(B) the Federal share of the cost of the Bridge component of the Project shall not exceed 100 percent; and
‘‘(C) the Federal share of the cost of any other component of the Project shall not exceed 80 percent.
‘‘(b) USE OF APPORTIONED FUNDS.—Nothing in this title limits
the authority of any Capital Region jurisdiction to use funds apportioned to the jurisdiction under paragraphs (1) and (3) of section
104(b) of title 23, United States Code, in accordance with the
requirements for such funds, to pay any costs of the Project.
‘‘(c) AVAILABILITY OF APPORTIONED FUNDS.—None of the funds
made available under this section shall be available for construction
before the execution of the agreement described in section 407(c),
except that the Secretary may fund the maintenance and rehabilitation of the Bridge, the design of the Project, and right-of-way
acquisition, including early acquisition of construction staging
areas.’’.
(d) CONFORMING AMENDMENT.—Section 405(b)(1) of such Act
(109 Stat. 629) is amended by striking ‘‘the Signatories as to the
Federal share of the cost of the Project and the terms and conditions
related to the timing of the transfer of the Bridge to’’.
SEC. 1117. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

(a) APPORTIONMENT.—The Secretary shall apportion funds
made available by section 102 of this Act for fiscal years 1998
through 2003 among the States based on the latest available cost
to complete estimate for the Appalachian development highway
system under section 201 of the Appalachian Regional Development
Act of 1965 prepared by the Appalachian Regional Commission.
Such funds shall be available to construct highways and access
roads under section 201 of the Appalachian Regional Development
Act of 1965.
(b) APPLICABILITY OF TITLE 23.—Funds authorized by section
102 of this Act for the Appalachian development highway system
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 such
section 201 and such funds shall remain available until expended.
(c) FEDERAL SHARE FOR PRE-FINANCED PROJECTS.—Section
201(h)(1) of the Appalachian Regional Development Act of 1965
(40 U.S.C. App.) is amended by striking ‘‘70’’ and inserting ‘‘80’’.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 161

(d) CORRIDOR O.—There is hereby designated as an addition
to Corridor O in Pennsylvania on the Appalachian development
highway system a segment from Port Matilda to Interstate Route
80 along United States Route 322, and the segment of Corridor
O from the Pennsylvania State line to the improved segment in
Bedford, Pennsylvania, shall be subtracted from Corridor O. Such
designated addition shall not affect estimates of the cost to complete
such system and such subtracted segment may be included on
a map of such system for purposes of continuity only.
SEC. 1118. NATIONAL CORRIDOR PLANNING AND DEVELOPMENT PROGRAM.

(a) IN GENERAL.—The Secretary shall establish and implement
a program to make allocations to States and metropolitan planning
organizations for coordinated planning, design, and construction
of corridors of national significance, economic growth, and international or interregional trade. A State or metropolitan planning
organization may apply to the Secretary for allocations under this
section.
(b) ELIGIBILITY OF CORRIDORS.—The Secretary may make
allocations under this section with respect to—
(1) high priority corridors identified in section 1105(c) of
the Intermodal Surface Transportation Efficiency Act of 1991;
and
(2) any other significant regional or multistate highway
corridor not described in whole or in part in paragraph (1)
selected by the Secretary after consideration of—
(A) the extent to which the annual volume of commercial vehicle traffic at the border stations or ports of entry
of each State—
(i) has increased since the date of enactment of
the North American Free Trade Agreement
Implementation Act (Public Law 103–182); and
(ii) is projected to increase in the future;
(B) the extent to which commercial vehicle traffic in
each State—
(i) has increased since the date of enactment of
the North American Free Trade Agreement
Implementation Act (Public Law 103–182); and
(ii) is projected to increase in the future;
(C) the extent to which international truck-borne
commodities move through each State;
(D) the reduction in commercial and other travel time
through a major international gateway or affected port
of entry expected as a result of the proposed project including the level of traffic delays at at-grade highway crossings
of major rail lines in trade corridors;
(E) the extent of leveraging of Federal funds provided
under this subsection, including—
(i) use of innovative financing;
(ii) combination with funding provided under other
sections of this Act and title 23, United States Code;
and
(iii) combination with other sources of Federal,
State, local, or private funding including State, local,
and private matching funds;

23 USC 101 note.

112 STAT. 162

PUBLIC LAW 105–178—JUNE 9, 1998

(F) the value of the cargo carried by commercial vehicle
traffic, to the extent that the value of the cargo and congestion impose economic costs on the Nation’s economy; and
(G) encourage or facilitate major multistate or regional
mobility and economic growth and development in areas
underserved by existing highway infrastructure.
(c) PURPOSES.—Allocations may be made under this section
for 1 or more of the following purposes:
(1) Feasibility studies.
(2) Comprehensive corridor planning and design activities.
(3) Location and routing studies.
(4) Multistate and intrastate coordination for corridors
described in subsection (b).
(5) After review by the Secretary of a development and
management plan for the corridor or a usable component thereof
under subsection (b)—
(A) environmental review; and
(B) construction.
(d) CORRIDOR DEVELOPMENT AND MANAGEMENT PLAN.—A State
or metropolitan planning organization receiving an allocation under
this section shall develop, and submit to the Secretary for review,
a development and management plan for the corridor or a usable
component thereof with respect to which the allocation is being
made. Such plan shall include, at a minimum, the following elements:
(1) A complete and comprehensive analysis of corridor costs
and benefits.
(2) A coordinated corridor development plan and schedule,
including a timetable for completion of all planning and development activities, environmental reviews and permits, and
construction of all segments.
(3) A finance plan, including any innovative financing methods and, if the corridor is a multistate corridor, a State-byState breakdown of corridor finances.
(4) The results of any environmental reviews and mitigation
plans.
(5) The identification of any impediments to the development and construction of the corridor, including any environmental, social, political and economic objections.
In the case of a multistate corridor, the Secretary shall encourage
all States having jurisdiction over any portion of such corridor
to participate in the development of such plan.
(e) APPLICABILITY OF TITLE 23.—Funds made available by section 1101 of this Act to carry out this section and section 1119
shall be available for obligation in the same manner as if such
funds were apportioned under chapter 1 of title 23, United States
Code.
(f) COORDINATION OF PLANNING.—Planning with respect to a
corridor under this section shall be coordinated with transportation
planning being carried out by the States and metropolitan planning
organizations along the corridor and, to the extent appropriate,
with transportation planning being carried out by Federal land
management agencies, by tribal governments, or by government
agencies in Mexico or Canada.
(g) STATE DEFINED.—In this section, the term ‘‘State’’ has the
meaning such term has under section 101 of title 23, United States
Code.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 163

SEC. 1119. COORDINATED BORDER INFRASTRUCTURE PROGRAM.

(a) GENERAL AUTHORITY.—The Secretary shall establish and
implement a coordinated border infrastructure program under
which the Secretary may make allocations to border States and
metropolitan planning organizations for areas within the boundaries
of 1 or more border States for projects to improve the safe movement
of people and goods at or across the border between the United
States and Canada and the border between the United States
and Mexico.
(b) ELIGIBLE USES.—Allocations to States and metropolitan
planning organizations under this section may only be used in
a border region for—
(1) improvements to existing transportation and supporting
infrastructure that facilitate cross-border vehicle and cargo
movements;
(2) construction of highways and related safety and safety
enforcement facilities that will facilitate vehicle and cargo
movements related to international trade;
(3) operational improvements, including improvements
relating to electronic data interchange and use of telecommunications, to expedite cross border vehicle and cargo movement;
(4) modifications to regulatory procedures to expedite cross
border vehicle and cargo movements;
(5) international coordination of planning, programming,
and border operation with Canada and Mexico relating to
expediting cross border vehicle and cargo movements; and
(6) activities of Federal inspection agencies.
(c) SELECTION CRITERIA.—The Secretary shall make allocations
under this section on the basis of—
(1) expected reduction in commercial and other motor
vehicle travel time through an international border crossing
as a result of the project;
(2) improvements in vehicle and highway safety and cargo
security related to motor vehicles crossing a border with Canada
or Mexico;
(3) strategies to increase the use of existing, underutilized
border crossing facilities and approaches;
(4) leveraging of Federal funds provided under this section,
including use of innovative financing, combination of such funds
with funding provided under other sections of this Act, and
combination with other sources of Federal, State, local, or private funding;
(5) degree of multinational involvement in the project and
demonstrated coordination with other Federal agencies responsible for the inspection of vehicles, cargo, and persons crossing
international borders and their counterpart agencies in Canada
and Mexico;
(6) improvements in vehicle and highway safety and cargo
security in and through the gateway or affected port of entry
concerned;
(7) the degree of demonstrated coordination with Federal
inspection agencies;
(8) the extent to which the innovative and problem solving
techniques of the proposed project would be applicable to other
border stations or ports of entry;

23 USC 101 note.
Canada.
Mexico.

112 STAT. 164

PUBLIC LAW 105–178—JUNE 9, 1998

(9) demonstrated local commitment to implement and sustain continuing comprehensive border or affected port of entry
planning processes and improvement programs; and
(10) such other factors as the Secretary determines are
appropriate to promote border transportation efficiency and
safety.
(d) CONSTRUCTION OF TRANSPORTATION INFRASTRUCTURE FOR
LAW ENFORCEMENT PURPOSES.—At the request of the Administrator
of General Services, in consultation with the Attorney General,
the Secretary may transfer, during the period of fiscal years 1998
through 2001, not more than $10,000,000 of the amounts made
available by section 1101 to carry out this section and section
1118 to the Administrator of General Services for the construction
of transportation infrastructure necessary for law enforcement in
border States.
(e) DEFINITIONS.—In this section, the following definitions
apply:
(1) BORDER REGION.—The term ‘‘border region’’ means the
portion of a border State in the vicinity of an international
border with Canada or Mexico.
(2) BORDER STATE.—The term ‘‘border State’’ means any
State that has a boundary in common with Canada or Mexico.

Subtitle B—General Provisions
SEC. 1201. DEFINITIONS.

Section 101(a) of title 23, United States Code, is amended
to read as follows:
‘‘(a) DEFINITIONS.—In this title, the following definitions apply:
‘‘(1) APPORTIONMENT.—The term ‘apportionment’ includes
unexpended apportionments made under prior authorization
laws.
‘‘(2) CARPOOL PROJECT.—The term ‘carpool project’ means
any project to encourage the use of carpools and vanpools,
including provision of carpooling opportunities to the elderly
and individuals with disabilities, 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.
‘‘(3) CONSTRUCTION.—The term ‘construction’ means the
supervising, inspecting, actual building, and incurrence of all
costs incidental to the construction or reconstruction of a highway, including bond costs and other costs relating to the
issuance in accordance with section 122 of bonds or other
debt financing instruments and costs incurred by the State
in performing Federal-aid project related audits that directly
benefit the Federal-aid highway program. Such term includes—
‘‘(A) locating, surveying, and mapping (including the
establishment of temporary and permanent geodetic markers in accordance with specifications of the National Oceanic and Atmospheric Administration of the Department
of Commerce);
‘‘(B) resurfacing, restoration, and rehabilitation;
‘‘(C) acquisition of rights-of-way;

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 165

‘‘(D) relocation assistance, acquisition of replacement
housing sites, and acquisition and rehabilitation, relocation,
and construction of replacement housing;
‘‘(E) elimination of hazards of railway grade crossings;
‘‘(F) elimination of roadside obstacles;
‘‘(G) improvements that directly facilitate and control
traffic flow, such as grade separation of intersections,
widening of lanes, channelization of traffic, traffic control
systems, and passenger loading and unloading areas; and
‘‘(H) capital improvements that directly facilitate an
effective vehicle weight enforcement program, such as
scales (fixed and portable), scale pits, scale installation,
and scale houses.
‘‘(4) COUNTY.—The term ‘county’ includes corresponding
units of government under any other name in States that
do not have county organizations and, in those States in which
the county government does not have jurisdiction over highways, any local government unit vested with jurisdiction over
local highways.
‘‘(5) FEDERAL-AID HIGHWAY.—The term ‘Federal-aid highway’ means a highway eligible for assistance under this chapter
other than a highway classified as a local road or rural minor
collector.
‘‘(6) FEDERAL-AID SYSTEM.—The term ‘Federal-aid system’
means any of the Federal-aid highway systems described in
section 103.
‘‘(7) FEDERAL LANDS HIGHWAY.—The term ‘Federal lands
highway’ means a forest highway, public lands highway, park
road, parkway, refuge road, and Indian reservation road that
is a public road.
‘‘(8) FOREST DEVELOPMENT ROADS AND TRAILS.—The term
‘forest development roads and trails’ means forest roads and
trails under the jurisdiction of the Forest Service.
‘‘(9) FOREST HIGHWAY.—The term ‘forest highway’ means
a forest road under the jurisdiction of, and maintained by,
a public authority and open to public travel.
‘‘(10) FOREST ROAD OR TRAIL.—The term ‘forest road or
trail’ means a road or trail wholly or partly within, or adjacent
to, and serving the National Forest System that is necessary
for the protection, administration, and utilization of the
National Forest System and the use and development of its
resources.
‘‘(11) HIGHWAY.—The term ‘highway’ includes—
‘‘(A) a road, street, and parkway;
‘‘(B) a right-of-way, bridge, railroad-highway crossing,
tunnel, drainage structure, sign, guardrail, and protective
structure, in connection with a highway; and
‘‘(C) a portion of any interstate or international bridge
or tunnel and the approaches thereto, the cost of which
is assumed by a State transportation department, including
such facilities as may be required by the United States
Customs and Immigration Services in connection with the
operation of an international bridge or tunnel.
‘‘(12) INDIAN RESERVATION ROAD.—The term ‘Indian reservation road’ means a public road that is located within or
provides access to an Indian reservation or Indian trust land

112 STAT. 166

PUBLIC LAW 105–178—JUNE 9, 1998
or restricted Indian land that is not subject to fee title alienation without the approval of the Federal Government, or
Indian and Alaska Native villages, groups, or communities
in which Indians and Alaskan Natives reside, whom the Secretary of the Interior has determined are eligible for services
generally available to Indians under Federal laws specifically
applicable to Indians.
‘‘(13) INTERSTATE SYSTEM.—The term ‘Interstate System’
means the Dwight D. Eisenhower National System of Interstate
and Defense Highways described in section 103(c).
‘‘(14) MAINTENANCE.—The term ‘maintenance’ means the
preservation of the entire highway, including surface, shoulders,
roadsides, structures, and such traffic-control devices as are
necessary for safe and efficient utilization of the highway.
‘‘(15) MAINTENANCE AREA.—The term ‘maintenance area’
means an area that was designated as a nonattainment area,
but was later redesignated by the Administrator of the Environmental Protection Agency as an attainment area, under section
107(d) of the Clean Air Act (42 U.S.C. 7407(d)).
‘‘(16) NATIONAL HIGHWAY SYSTEM.—The term ‘National
Highway System’ means the Federal-aid highway system
described in section 103(b).
‘‘(17) OPERATING COSTS FOR TRAFFIC MONITORING, MANAGEMENT, AND CONTROL.—The term ‘operating costs for traffic monitoring, management, and control’ includes labor costs, administrative costs, costs of utilities and rent, and other costs associated with the continuous operation of traffic control, such as
integrated traffic control systems, incident management programs, and traffic control centers.
‘‘(18) OPERATIONAL IMPROVEMENT.—The term ‘operational
improvement’—
‘‘(A) means (i) 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 (ii) such other capital improvements to public roads as the Secretary may designate,
by regulation; and
‘‘(B) 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.
‘‘(19) PARK ROAD.—The term ‘park road’ means a public
road, including a bridge built primarily for pedestrian use,
but with capacity for use by emergency vehicles, that is located
within, or provides access to, an area in the National Park
System with title and maintenance responsibilities vested in
the United States.
‘‘(20) PARKWAY.—The term ‘parkway’, as used in chapter
2 of this title, means a parkway authorized by Act of Congress
on lands to which title is vested in the United States.
‘‘(21) PROJECT.—The term ‘project’ means an undertaking
to construct a particular portion of a highway, or if the context
so implies, the particular portion of a highway so constructed
or any other undertaking eligible for assistance under this
title.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 167

‘‘(22) PROJECT AGREEMENT.—The term ‘project agreement’
means the formal instrument to be executed by the State
transportation department and the Secretary as required by
section 106.
‘‘(23) PUBLIC AUTHORITY.—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
toll-free facilities.
‘‘(24) PUBLIC LANDS DEVELOPMENT ROADS AND TRAILS.—
The term ‘public lands development roads and trails’ means
those roads and trails that the Secretary of the Interior determines are of primary importance for the development, protection, administration, and utilization of public lands and
resources under the control of the Secretary of the Interior.
‘‘(25) PUBLIC LANDS HIGHWAY.—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.
‘‘(26) PUBLIC LANDS HIGHWAYS.—The term ‘public lands
highways’ means those main highways through unappropriated
or unreserved public lands, nontaxable Indian lands, or other
Federal reservations, which are on the Federal-aid systems.
‘‘(27) PUBLIC ROAD.—The term ‘public road’ means any
road or street under the jurisdiction of and maintained by
a public authority and open to public travel.
‘‘(28) REFUGE ROAD.—The term ‘refuge road’ means a public
road that provides access to or within a unit of the National
Wildlife Refuge System and for which title and maintenance
responsibility is vested in the United States Government.
‘‘(29) RURAL AREAS.—The term ‘rural areas’ means all areas
of a State not included in urban areas.
‘‘(30) SAFETY IMPROVEMENT PROJECT.—The term ‘safety
improvement project’ means a project that corrects or improves
high hazard locations, eliminates roadside obstacles, improves
highway signing and pavement marking, installs priority control systems for emergency vehicles at signalized intersections,
installs or replaces emergency motorist aid call boxes, or installs
traffic control or warning devices at locations with high accident
potential.
‘‘(31) SECRETARY.—The term ‘Secretary’ means Secretary
of Transportation.
‘‘(32) STATE.—The term ‘State’ means any of the 50 States,
the District of Columbia, or Puerto Rico.
‘‘(33) STATE FUNDS.—The term ‘State funds’ includes funds
raised under the authority of the State or any political or
other subdivision thereof, and made available for expenditure
under the direct control of the State transportation department.
‘‘(34) STATE TRANSPORTATION DEPARTMENT.—The term
‘State transportation department’ means that department,
commission, board, or official of any State charged by its laws
with the responsibility for highway construction.
‘‘(35) TRANSPORTATION ENHANCEMENT ACTIVITIES.—The
term ‘transportation enhancement activities’ means, with

112 STAT. 168

PUBLIC LAW 105–178—JUNE 9, 1998
respect to any project or the area to be served by the project,
any of the following activities if such activity relates to surface
transportation: provision of facilities for pedestrians and
bicycles, provision of safety and educational activities for pedestrians and bicyclists, acquisition of scenic easements and scenic
or historic sites, scenic or historic highway programs (including
the provision of tourist and welcome center facilities), 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, environmental mitigation to address water
pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat connectivity, and
establishment of transportation museums.
‘‘(36) URBAN AREA.—The term ‘urban area’ means an urbanized area or, in the case of an urbanized area encompassing
more than one State, that part of the urbanized area in each
such State, or urban place as designated by the Bureau of
the Census having a population of 5,000 or more and not
within any urbanized area, within boundaries to be fixed by
responsible State and local officials in cooperation with each
other, subject to approval by the Secretary. Such boundaries
shall encompass, at a minimum, the entire urban place designated by the Bureau of the Census, except in the case of
cities in the State of Maine and in the State of New Hampshire.
‘‘(37) URBANIZED AREA.—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. Such boundaries
shall encompass, at a minimum, the entire urbanized area
within a State as designated by the Bureau of the Census.’’.

SEC. 1202. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

(a) IN GENERAL.—Section 217 of title 23, United States Code,
is amended—
(1) in subsection (b)—
(A) by inserting ‘‘pedestrian walkways and’’ after
‘‘construction of’’; and
(B) by striking ‘‘(other than the Interstate System)’’;
(2) in subsection (e) by striking ‘‘, other than a highway
access to which is fully controlled,’’;
(3) by striking subsection (g) and inserting the following:
‘‘(g) PLANNING AND DESIGN.—
‘‘(1) IN GENERAL.—Bicyclists and pedestrians shall be given
due consideration in the comprehensive transportation plans
developed by each metropolitan planning organization and
State in accordance with sections 134 and 135, respectively.
Bicycle transportation facilities and pedestrian walkways shall
be considered, where appropriate, in conjunction with all new
construction and reconstruction of transportation facilities,
except where bicycle and pedestrian use are not permitted.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 169

‘‘(2) SAFETY CONSIDERATIONS.—Transportation plans and
projects shall provide due consideration for safety and contiguous routes for bicyclists and pedestrians. Safety considerations
shall include the installation, where appropriate, and maintenance of audible traffic signals and audible signs at street
crossings.’’;
(4) in subsection (h) by striking ‘‘No motorized vehicles
shall’’ and inserting ‘‘Motorized vehicles may not’’;
(5) in subsection (h)(3)—
(A) by striking ‘‘when State and local regulations permit,’’; and
(B) by striking ‘‘and’’ at the end;
(6) in subsection (h)—
(A) by redesignating paragraph (4) as paragraph (5);
and
(B) by inserting after paragraph (3) the following:
‘‘(4) when State or local regulations permit, electric bicycles;
and’’; and
(7) by striking subsection (j) and inserting the following:
‘‘(j) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) BICYCLE TRANSPORTATION FACILITY.—The term ‘bicycle
transportation facility’ means a new or improved lane, path,
or shoulder for use by bicyclists and a traffic control device,
shelter, or parking facility for bicycles.
‘‘(2) ELECTRIC BICYCLE.—The term ‘electric bicycle’ means
any bicycle or tricycle with a low-powered electric motor weighing under 100 pounds, with a top motor-powered speed not
in excess of 20 miles per hour.
‘‘(3) PEDESTRIAN.—The term ‘pedestrian’ means any person
traveling by foot and any mobility-impaired person using a
wheelchair.
‘‘(4) WHEELCHAIR.—The term ‘wheelchair’ means a mobility
aid, usable indoors, and designed for and used by individuals
with mobility impairments, whether operated manually or
motorized.’’.
(b) DESIGN GUIDANCE.—
(1) IN GENERAL.—In implementing section 217(g) of title
23, United States Code, the Secretary, in cooperation with
the American Association of State Highway and Transportation
Officials, the Institute of Transportation Engineers, and other
interested organizations, shall develop guidance on the various
approaches to accommodating bicycles and pedestrian travel.
(2) ISSUES TO BE ADDRESSED.—The guidance shall address
issues such as the level and nature of the demand, volume,
and speed of motor vehicle traffic, safety, terrain, cost, and
sight distance.
(3) RECOMMENDATIONS.—The guidance shall include recommendations on amending and updating the policies of the
American Association of State Highway and Transportation
Officials relating to highway and street design standards to
accommodate bicyclists and pedestrians.
(4) TIME PERIOD FOR DEVELOPMENT.—The guidance shall
be developed within 18 months after the date of enactment
of this Act.
(c) PROTECTION OF NONMOTORIZED TRANSPORTATION TRAFFIC.—
Section 109(n) of such title is amended to read as follows:

23 USC 217 note.

112 STAT. 170

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(n) PROTECTION OF NONMOTORIZED TRANSPORTATION TRAFSecretary shall not approve any project or take any
regulatory action under this title that will result in the severance
of an existing major route or have significant adverse impact on
the safety for nonmotorized transportation traffic and light motorcycles, unless such project or regulatory action provides for a reasonable alternate route or such a route exists.’’.
(d) RAILWAY-HIGHWAY CROSSINGS.—Section 130 of such title
is amended by adding at the end the following:
‘‘(j) BICYCLE SAFETY.—In carrying out projects under this section, a State shall take into account bicycle safety.’’.
(e) NATIONAL BICYCLE SAFETY EDUCATION CURRICULUM.—
(1) DEVELOPMENT.—The Secretary is authorized to develop
a national bicycle safety education curriculum that may include
courses relating to on-road training.
(2) REPORT.—Not later than 12 months after the date of
enactment of this Act, the Secretary shall transmit to Congress
a copy of the curriculum.
(3) FUNDING.—From amounts made available under section
210, the Secretary may use not to exceed $500,000 for fiscal
year 1999 to carry out this subsection.
FIC.—The

23 USC 130.

23 USC 402 note.

SEC. 1203. METROPOLITAN PLANNING.

(a) GENERAL REQUIREMENTS.—Section 134(a) of title 23, United
States Code, is amended to read as follows:
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) FINDINGS.—It is in the national interest to encourage
and promote the safe and efficient management, operation,
and development of surface transportation systems that will
serve the mobility needs of people and freight and foster economic growth and development within and through urbanized
areas, while minimizing transportation-related fuel consumption and air pollution.
‘‘(2) DEVELOPMENT OF PLANS AND PROGRAMS.—To accomplish the objective stated in paragraph (1), metropolitan
planning organizations designated under subsection (b), in
cooperation with the State and public transit operators, shall
develop transportation plans and programs for urbanized areas
of the State.
‘‘(3) CONTENTS.—The plans and programs for each metropolitan area shall provide for the development and integrated
management and operation of transportation systems and facilities (including pedestrian walkways and bicycle transportation
facilities) that will function as an intermodal transportation
system for the metropolitan area and as an integral part of
an intermodal transportation system for the State and the
United States.
‘‘(4) PROCESS OF DEVELOPMENT.—The process for developing
the 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 to be addressed.’’.
(b) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS.—
(1) IN GENERAL.—Section 134(b) of such title is amended
by striking paragraphs (1) and (2) and inserting the following:

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 171

‘‘(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 with
a population of more than 50,000 individuals—
‘‘(A) by agreement between the Governor and units
of general purpose local government that 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
‘‘(B) in accordance with procedures established by
applicable State or local law.
‘‘(2) STRUCTURE.—Each policy board of a metropolitan planning organization that serves an area designated as a transportation management area, when designated or redesignated
under this subsection, shall consist of—
‘‘(A) local elected officials;
‘‘(B) officials of public agencies that administer or operate major modes of transportation in the metropolitan area
(including all transportation agencies included in the
metropolitan planning organization as of June 1, 1991);
and
‘‘(C) appropriate State officials.’’.
(2) CONTINUING DESIGNATION.—Section 134(b)(4) of such
title is amended to read as follows:
‘‘(4) CONTINUING DESIGNATION.—A designation of a metropolitan planning organization under this subsection or any
other provision of law shall remain in effect until the metropolitan planning organization is redesignated under paragraph
(5).’’.
(3) REDESIGNATION.—Section 134(b)(5)(A) of such title is
amended—
(A) by striking ‘‘among’’ and inserting ‘‘between’’; and
(B) by striking ‘‘which together’’ and inserting ‘‘that
together’’.
(4) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING
ORGANIZATION.—Section 134(b)(6) of such title is amended to
read as follows:
‘‘(6) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING
ORGANIZATION.—More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan
planning organization determine that the size and complexity
of the existing metropolitan planning area make designation
of more than 1 metropolitan planning organization for the
area appropriate.’’.
(c) METROPOLITAN PLANNING AREA BOUNDARIES.—Section
134(c) of such title is amended—
(1) in the subsection heading by inserting ‘‘PLANNING’’
before ‘‘AREA’’;
(2) in the first sentence—
(A) by striking ‘‘For the purposes’’ and inserting the
following:
‘‘(1) IN GENERAL.—For the purposes’’; and
(B) by inserting ‘‘planning’’ before ‘‘area’’;
(3) by striking the second sentence and all that follows
and inserting the following:
‘‘(2) INCLUDED AREA.—Each metropolitan planning area—

23 USC 134.

112 STAT. 172

23 USC 134.

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(A) shall encompass at least the existing urbanized
area and the contiguous area expected to become urbanized
within a 20-year forecast period; and
‘‘(B) may encompass the entire metropolitan statistical
area or consolidated metropolitan statistical area, as
defined by the Bureau of the Census.
‘‘(3) EXISTING METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—Notwithstanding paragraph (2), in the case of
an urbanized area designated as a nonattainment area for
ozone or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), the boundaries of the metropolitan planning
area in existence as of the date of enactment of this paragraph
shall be retained, except that the boundaries may be adjusted
by agreement of the Governor and affected metropolitan planning organizations in the manner described in subsection (b)(5).
‘‘(4) NEW METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—In the case of an urbanized area designated after the
date of enactment of this paragraph as a nonattainment area
for ozone or carbon monoxide, the boundaries of the metropolitan planning area—
‘‘(A) shall be established in the manner described in
subsection (b)(1);
‘‘(B) shall encompass the areas described in paragraph
(2)(A);
‘‘(C) may encompass the areas described in paragraph
(2)(B); and
‘‘(D) may address any nonattainment area identified
under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone
or carbon monoxide.’’; and
(4) by aligning paragraph (1) (as designated by paragraph
(2)(A) of this subsection) with paragraphs (2) through (4) (as
inserted by paragraph (3) of this subsection).
(d) COORDINATION IN MULTISTATE AREAS.—Section 134(d) of
such title is amended to read as follows:
‘‘(d) COORDINATION IN MULTISTATE AREAS.—
‘‘(1) IN GENERAL.—The Secretary shall encourage each
Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning
organizations to provide coordinated transportation planning
for the entire metropolitan area.
‘‘(2) INTERSTATE COMPACTS.—The consent of Congress is
granted to any 2 or more States—
‘‘(A) 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 the activities pertain to
interstate areas and localities within the States; and
‘‘(B) to establish such agencies, joint or otherwise, as
the States may determine desirable for making the agreements and compacts effective.
‘‘(3) LAKE TAHOE REGION.—
‘‘(A) DEFINITION.—In this paragraph, the term ‘Lake
Tahoe region’ has the meaning given the term ‘region’
in subdivision (a) of article II of the Tahoe Regional Planning Compact, as set forth in the first section of Public
Law 96–551 (94 Stat. 3234).

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 173

‘‘(B) TRANSPORTATION PLANNING PROCESS.—The Secretary shall—
‘‘(i) establish with the Federal land management
agencies that have jurisdiction over land in the Lake
Tahoe region a transportation planning process for the
region; and
‘‘(ii) coordinate the transportation planning process
with the planning process required of State and local
governments under this section, section 135, and chapter 53 of title 49.
‘‘(C) INTERSTATE COMPACT.—
‘‘(i) IN GENERAL.—Subject to clause (ii), notwithstanding subsection (b), to carry out the transportation
planning process required by this section, the consent
of Congress is granted to the States of California and
Nevada to designate a metropolitan planning organization for the Lake Tahoe region, by agreement between
the Governors of the States of California and Nevada
and units of general purpose local government that
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.
‘‘(ii) INVOLVEMENT OF FEDERAL LAND MANAGEMENT
AGENCIES.—
‘‘(I) REPRESENTATION.—The policy board of a
metropolitan planning organization designated
under clause (i) shall include a representative of
each Federal land management agency that has
jurisdiction over land in the Lake Tahoe region.
‘‘(II) FUNDING.—In addition to funds made
available to the metropolitan planning organization under other provisions of this title and under
chapter 53 of title 49, not more than 1 percent
of the funds allocated under section 202 may be
used to carry out the transportation planning process for the Lake Tahoe region under this subparagraph.
‘‘(D) ACTIVITIES.—Highway projects included in
transportation plans developed under this paragraph—
‘‘(i) shall be selected for funding in a manner that
facilitates the participation of the Federal land
management agencies that have jurisdiction over land
in the Lake Tahoe region; and
‘‘(ii) may, in accordance with chapter 2, be funded
using funds allocated under section 202.
‘‘(4) RECIPIENTS OF OTHER ASSISTANCE.—The Secretary
shall encourage each metropolitan planning organization to
coordinate, to the maximum extent practicable, the design and
delivery of transportation services within the metropolitan planning area that are provided—
‘‘(A) by recipients of assistance under chapter 53 of
title 49; and
‘‘(B) by governmental agencies and nonprofit organizations (including representatives of the agencies and
organizations) that receive Federal assistance from a source

California.
Nevada.

112 STAT. 174

23 USC 134.

PUBLIC LAW 105–178—JUNE 9, 1998

other than the Department of Transportation to provide
nonemergency transportation services.’’.
(e) COORDINATION OF MPOS.—Section 134(e) of such title is
amended—
(1) in the subsection heading by striking ‘‘MPO’S’’ and
inserting ‘‘MPOS’’;
(2) by striking ‘‘If’’ and inserting the following:
‘‘(1) NONATTAINMENT AREAS.—If’’;
(3) by adding at the end the following:
‘‘(2) PROJECT LOCATED IN MULTIPLE MPOS.—If a project
is located within the boundaries of more than 1 metropolitan
planning organization, the metropolitan planning organizations
shall coordinate plans regarding the project.’’; and
(4) by aligning paragraph (1) (as designated by paragraph
(2) of this subsection) with paragraph (2) (as added by paragraph (3) of this subsection).
(f) SCOPE OF PLANNING PROCESS.—Section 134(f) of such title
is amended to read as follows:
‘‘(f) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—The metropolitan transportation planning process for a metropolitan area under this section shall
provide for consideration of projects and strategies that will—
‘‘(A) support the economic vitality of the metropolitan
area, especially by enabling global competitiveness,
productivity, and efficiency;
‘‘(B) increase the safety and security of the transportation system for motorized and nonmotorized users;
‘‘(C) increase the accessibility and mobility options
available to people and for freight;
‘‘(D) protect and enhance the environment, promote
energy conservation, and improve quality of life;
‘‘(E) enhance the integration and connectivity of the
transportation system, across and between modes, for people and freight;
‘‘(F) promote efficient system management and operation; and
‘‘(G) emphasize the preservation of the existing
transportation system.
‘‘(2) FAILURE TO CONSIDER FACTORS.—The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under this title, subchapter II of chapter
5 of title 5, or chapter 7 of title 5 in any matter affecting
a transportation plan, a transportation improvement plan, a
project or strategy, or the certification of a planning process.’’.
(g) LONG-RANGE TRANSPORTATION PLAN.—Section 134(g) of such
title is amended—
(1) in paragraph (2) by striking ‘‘, at a minimum’’ and
inserting ‘‘contain, at a minimum, the following’’;
(2) in paragraph (2)(A) by striking ‘‘Identify’’ and inserting
‘‘An identification of’’; and
(3) by striking paragraph (2)(B) and inserting the following:
‘‘(B) A financial plan that demonstrates how the
adopted long-range transportation 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 additional financing
strategies for needed projects and programs. The financial

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 175

plan may include, for illustrative purposes, additional
projects that would be included in the adopted long-range
transportation plan if reasonable additional resources
beyond those identified in the financial plan were available.
For the purpose of developing the long-range transportation
plan, the metropolitan planning organization and State
shall cooperatively develop estimates of funds that will
be available to support plan implementation.’’;
(4) in paragraph (4)—
(A) by inserting after ‘‘employees,’’ the following:
‘‘freight shippers, providers of freight transportation services,’’; and
(B) by inserting after ‘‘private providers of transportation,’’ the following: ‘‘representatives of users of public
transit,’’;
(5) by adding at the end the following:
‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
Notwithstanding paragraph (2)(B), a State or metropolitan
planning organization shall not be required to select any project
from the illustrative list of additional projects included in the
financial plan under paragraph (2)(B).’’;
(6) in the subsection heading by striking ‘‘LONG RANGE
PLAN’’ and inserting ‘‘LONG-RANGE TRANSPORTATION PLAN’’;
(7) in the headings for paragraphs (2) and (5) by striking
‘‘LONG RANGE PLAN’’ and inserting ‘‘LONG-RANGE TRANSPORTATION PLAN’’; and
(8) by striking ‘‘long range plan’’ each place it appears
and inserting ‘‘long-range transportation plan’’.
(h) METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM.—
Section 134(h) of such title is amended to read as follows:
‘‘(h) METROPOLITAN TRANSPORTATION IMPROVEMENT PROGRAM.—
‘‘(1) DEVELOPMENT.—
‘‘(A) IN GENERAL.—In cooperation with the State and
any affected public transit operator, the metropolitan planning organization designated for a metropolitan area shall
develop a transportation improvement program for the area
for which the organization is designated.
‘‘(B) OPPORTUNITY FOR COMMENT.—In developing the
program, the metropolitan planning organization, in
cooperation with the State and any affected public transit
operator, shall provide citizens, affected public agencies,
representatives of transportation agency employees, freight
shippers, providers of freight transportation services, private providers of transportation, representatives of users
of public transit, and other interested parties with a reasonable opportunity to comment on the proposed program.
‘‘(C) FUNDING ESTIMATES.—For the purpose of developing the transportation improvement program, the metropolitan planning organization, public transit agency, and
State shall cooperatively develop estimates of funds that
are reasonably expected to be available to support program
implementation.
‘‘(D) UPDATING AND APPROVAL.—The program shall be
updated at least once every 2 years and shall be approved
by the metropolitan planning organization and the Governor.

23 USC 134.

112 STAT. 176

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘(2) CONTENTS.—The transportation improvement program
shall include—
‘‘(A) a priority list of proposed federally supported
projects and strategies to be carried out within each 3year period after the initial adoption of the transportation
improvement program; and
‘‘(B) a financial plan that—
‘‘(i) demonstrates how the transportation improvement program can be implemented;
‘‘(ii) indicates resources from public and private
sources that are reasonably expected to be available
to carry out the program;
‘‘(iii) identifies innovative financing techniques to
finance projects, programs, and strategies; and
‘‘(iv) may include, for illustrative purposes, additional projects that would be included in the approved
transportation improvement program if reasonable
additional resources beyond those identified in the
financial plan were available.
‘‘(3) INCLUDED PROJECTS.—
‘‘(A) PROJECTS UNDER THIS CHAPTER AND CHAPTER 53
OF TITLE 49.—A transportation improvement program developed under this subsection for a metropolitan area shall
include the projects and strategies within the area that
are proposed for funding under this chapter and chapter
53 of title 49.
‘‘(B) PROJECTS UNDER CHAPTER 2.—
‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally significant projects proposed for funding under
chapter 2 shall be identified individually in the
transportation improvement program.
‘‘(ii) OTHER PROJECTS.—Projects proposed for funding under chapter 2 that are not determined to be
regionally significant shall be grouped in 1 line item
or identified individually in the transportation
improvement program.
‘‘(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION
PLAN.—Each project shall be consistent with the long-range
transportation plan developed under subsection (g) for the
area.
‘‘(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.—
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.
‘‘(4) NOTICE AND COMMENT.—Before approving a transportation improvement program, a metropolitan planning organization shall, in cooperation with the State and any affected public
transit operator, provide citizens, affected public agencies,
representatives of transportation agency employees, freight
shippers, providers of freight transportation services, private
providers of transportation, representatives of users of public
transit, and other interested parties with reasonable notice
of and an opportunity to comment on the proposed program.
‘‘(5) SELECTION OF PROJECTS.—
‘‘(A) IN GENERAL.—Except as otherwise provided in
subsection (i)(4) and in addition to the transportation

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 177

improvement program development required under paragraph (1), the selection of federally funded projects for
implementation in metropolitan areas shall be carried out,
from the approved transportation improvement program—
‘‘(i) by—
‘‘(I) in the case of projects under this chapter,
the State; and
‘‘(II) in the case of projects under chapter 53
of title 49, the designated transit funding recipients; and
‘‘(ii) in cooperation with the metropolitan planning
organization.
‘‘(B) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, action by the Secretary
shall not be required to advance a project included in
the approved transportation improvement program in place
of another project in the program.
‘‘(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
‘‘(A) NO REQUIRED SELECTION.—Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the
illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv).
‘‘(B) REQUIRED ACTION BY THE SECRETARY.—Action by
the Secretary shall be required for a State or metropolitan
planning organization to select any project from the illustrative list of additional projects included in the financial
plan under paragraph (2)(B)(iv) for inclusion in an approved
transportation improvement program.
‘‘(7) PUBLICATION.—
‘‘(A) PUBLICATION OF TRANSPORTATION IMPROVEMENT
transportation improvement program
PROGRAMS.—A
involving Government participation shall be published or
otherwise made readily available by the metropolitan planning organization for public review.
‘‘(B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.—
An annual listing of projects for which Federal funds have
been obligated in the preceding year shall be published
or otherwise made available by the metropolitan planning
organization for public review. The listing shall be consistent with the categories identified in the transportation
improvement program.’’.
(i) TRANSPORTATION MANAGEMENT AREAS.—
(1) REQUIRED DESIGNATIONS.—Section 134(i)(1) of such title
is amended to read as follows:
‘‘(1) DESIGNATION.—
‘‘(A) REQUIRED DESIGNATIONS.—The Secretary shall
designate as a transportation management area each
urbanized area with a population of over 200,000 individuals.
‘‘(B) DESIGNATIONS ON REQUEST.—The Secretary shall
designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area.’’.
(2) SELECTION OF PROJECTS.—Section 134(i)(4) of such title
is amended to read as follows:
‘‘(4) SELECTION OF PROJECTS.—

23 USC 134.

112 STAT. 178

23 USC 134.

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘(A) IN GENERAL.—All federally funded projects carried
out within the boundaries of a transportation management
area under this title (excluding projects carried out on
the National Highway System and projects carried out
under the bridge program or the Interstate maintenance
program) or under chapter 53 of title 49 shall be selected
for implementation from the approved transportation
improvement program by the metropolitan planning
organization designated for the area in consultation with
the State and any affected public transit operator.
‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects
carried out within the boundaries of a transportation
management area on the National Highway System and
projects carried out within such boundaries under the
bridge program or the Interstate maintenance program
shall be selected for implementation from the approved
transportation improvement program by the State in
cooperation with the metropolitan planning organization
designated for the area.’’.
(3) CERTIFICATION.—Section 134(i)(5) of such title is
amended to read as follows:
‘‘(5) CERTIFICATION.—
‘‘(A) IN GENERAL.—The Secretary shall—
‘‘(i) ensure that the metropolitan planning process
in each transportation management area is being carried out in accordance with applicable provisions of
Federal law; and
‘‘(ii) subject to subparagraph (B), certify, not less
often than once every 3 years, that the requirements
of this paragraph are met with respect to the transportation management area.
‘‘(B) REQUIREMENTS FOR CERTIFICATION.—The Secretary may make the certification under subparagraph (A)
if—
‘‘(i) the transportation planning process complies
with the requirements of this section and other
applicable requirements of Federal law; and
‘‘(ii) there is a transportation improvement program for the area that has been approved by the metropolitan planning organization and the Governor.
‘‘(C) EFFECT OF FAILURE TO CERTIFY.—
‘‘(i) WITHHOLDING OF FUNDS.—If a metropolitan
planning process is not certified, the Secretary may
withhold up to 20 percent of the apportioned funds
attributable to the transportation management area
under this title and chapter 53 of title 49.
‘‘(ii) RESTORATION OF WITHHELD FUNDS.—The withheld apportionments shall be restored to the metropolitan area at such time as the metropolitan planning
organization is certified by the Secretary.
‘‘(iii) FEASIBILITY OF PRIVATE ENTERPRISE PARTICIPATION.—The Secretary shall not withhold certification
under this paragraph based on 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 5306(a) of title 49.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 179

‘‘(D) REVIEW OF CERTIFICATION.—In making certification determinations under this paragraph, the Secretary
shall provide for public involvement appropriate to the
metropolitan area under review.’’.
(j) ABBREVIATED PLANS AND PROGRAMS FOR CERTAIN AREAS.—
Section 134(j) of such title is amended to read as follows:
‘‘(j) ABBREVIATED PLANS AND PROGRAMS FOR CERTAIN AREAS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), in the case
of a metropolitan area not designated as a transportation
management area under this section, the Secretary may provide
for the development of an abbreviated long-range transportation
plan and transportation improvement program for the metropolitan area that the Secretary determines is appropriate to
achieve the purposes of this section, taking into account the
complexity of transportation problems in the area.
‘‘(2) NONATTAINMENT AREAS.—The Secretary may not permit abbreviated plans or programs for a metropolitan area
that is in nonattainment for ozone or carbon monoxide under
the Clean Air Act (42 U.S.C. 7401 et seq.).’’.
(k) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT
AREAS.—Section 134(l) of such title is amended—
(1) by striking ‘‘Notwithstanding’’ and inserting the
following:
‘‘(1) IN GENERAL.—Notwithstanding’’; and
(2) by adding at the end the following:
‘‘(2) APPLICABILITY.—This subsection applies to a nonattainment area within the metropolitan planning area boundaries
determined under subsection (c).’’.
(l) FUNDING.—Section 134(n) of such title is amended to read
as follows:
‘‘(n) FUNDING.—
‘‘(1) IN GENERAL.—Funds set aside under section 104(f)
of this title to carry out sections 5303 through 5305 of title
49 shall be available to carry out this section.
‘‘(2) UNUSED FUNDS.—Any funds that are not used to carry
out this section may be made available by the metropolitan
planning organization to the State to fund activities under
section 135.’’.
(m) CONTINUATION OF CURRENT REVIEW PRACTICE.—Section
134 of such title is amended by adding at the end the following:
‘‘(o) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since
plans and programs described in this section are subject to a reasonable opportunity for public comment, since individual projects
included in the plans and programs are subject to review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), and since decisions by the Secretary concerning plans
and programs described in this section have not been reviewed
under such Act as of January 1, 1997, any decision by the Secretary
concerning a plan or program described in this section shall not
be considered to be a Federal action subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).’’.
(n) TECHNICAL AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 134 and inserting the following:
‘‘134. Metropolitan planning.’’.

23 USC 134.

112 STAT. 180

PUBLIC LAW 105–178—JUNE 9, 1998

SEC. 1204. STATEWIDE PLANNING.

(a) GENERAL REQUIREMENTS.—Section 135(a) of title 23, United
States Code, is amended to read as follows:
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) FINDINGS.—It is in the national interest to encourage
and promote the safe and efficient management, operation,
and development of surface transportation systems that will
serve the mobility needs of people and freight and foster economic growth and development within and through urbanized
areas, while minimizing transportation-related fuel consumption and air pollution.
‘‘(2) DEVELOPMENT OF PLANS AND PROGRAMS.—Subject to
section 134 of this title and sections 5303 through 5305 of
title 49, each State shall develop transportation plans and
programs for all areas of the State.
‘‘(3) CONTENTS.—The plans and programs for each State
shall provide for the development and integrated management
and operation of transportation systems and facilities (including
pedestrian walkways and bicycle transportation facilities) that
will function as an intermodal transportation system for the
State and an integral part of an intermodal transportation
system for the United States.
‘‘(4) PROCESS OF DEVELOPMENT.—The process for developing
the 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 to be addressed.’’.
(b) COORDINATION WITH METROPOLITAN PLANNING; STATE
IMPLEMENTATION PLAN.—Section 135(b) of such title is amended
by inserting after ‘‘of this title’’ the following: ‘‘and sections 5303
through 5305 of title 49’’.
(c) SCOPE OF PLANNING PROCESS.—Section 135(c) of such title
is amended to read as follows:
‘‘(c) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—Each State shall carry out a transportation planning process that provides for consideration of
projects and strategies that will—
‘‘(A) support the economic vitality of the United States,
the States, and metropolitan areas, especially by enabling
global competitiveness, productivity, and efficiency;
‘‘(B) increase the safety and security of the transportation system for motorized and nonmotorized users;
‘‘(C) increase the accessibility and mobility options
available to people and for freight;
‘‘(D) protect and enhance the environment, promote
energy conservation, and improve quality of life;
‘‘(E) enhance the integration and connectivity of the
transportation system, across and between modes throughout the State, for people and freight;
‘‘(F) promote efficient system management and operation; and
‘‘(G) emphasize the preservation of the existing
transportation system.
‘‘(2) FAILURE TO CONSIDER FACTORS.—The failure to consider any factor specified in paragraph (1) shall not be
reviewable by any court under this title, subchapter II of chapter 5 of title 5, or chapter 7 of title 5 in any matter affecting

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 181

a transportation plan, a transportation improvement plan, a
project or strategy, or the certification of a planning process.’’.
(d) ADDITIONAL REQUIREMENTS.—Section 135(d) of such title
is amended to read as follows:
‘‘(d) ADDITIONAL REQUIREMENTS.—In carrying out planning
under this section, each State shall, at a minimum, consider—
‘‘(1) with respect to nonmetropolitan areas, the concerns
of local elected officials representing units of general purpose
local government;
‘‘(2) the concerns of Indian tribal governments and Federal
land management agencies that have jurisdiction over land
within the boundaries of the State; and
‘‘(3) coordination of transportation plans, programs, and
planning activities with related planning activities being carried
out outside of metropolitan planning areas.’’.
(e) LONG-RANGE TRANSPORTATION PLAN.—Section 135(e) of such
title is amended to read as follows:
‘‘(e) LONG-RANGE TRANSPORTATION PLAN.—
‘‘(1) DEVELOPMENT.—Each State shall develop a long-range
transportation plan, with a minimum 20-year forecast period,
for all areas of the State, that provides for the development
and implementation of the intermodal transportation system
of the State.
‘‘(2) CONSULTATION WITH GOVERNMENTS.—
‘‘(A) METROPOLITAN AREAS.—With respect to each
metropolitan area in the State, the long-range transportation plan shall be developed in cooperation with the
metropolitan planning organization designated for the
metropolitan area under section 134 of this title and section
5303 of title 49.
‘‘(B) NONMETROPOLITAN AREAS.—With respect to each
nonmetropolitan area, the long-range transportation plan
shall be developed in consultation with affected local officials with responsibility for transportation.
‘‘(C) INDIAN TRIBAL AREAS.—With respect to each area
of the State under the jurisdiction of an Indian tribal
government, the long-range transportation plan shall be
developed in consultation with the tribal government and
the Secretary of the Interior.
‘‘(3) PARTICIPATION BY INTERESTED PARTIES.—In developing
the long-range transportation plan, the State shall—
‘‘(A) provide citizens, affected public agencies, representatives of transportation agency employees, freight
shippers, private providers of transportation, representatives of users of public transit, providers of freight transportation services, and other interested parties with a reasonable opportunity to comment on the proposed plan; and
‘‘(B) identify transportation strategies necessary to efficiently serve the mobility needs of people.
‘‘(4) FINANCIAL PLAN.—The long-range transportation plan
may include a financial plan that demonstrates how the adopted
long-range transportation 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 additional financing strategies for needed projects
and programs. The financial plan may include, for illustrative
purposes, additional projects that would be included in the

23 USC 135.

112 STAT. 182

23 USC 135.

PUBLIC LAW 105–178—JUNE 9, 1998

adopted transportation plan if reasonable additional resources
beyond those identified in the financial plan were available.
‘‘(5) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—
Notwithstanding paragraph (4), a State shall not be required
to select any project from the illustrative list of additional
projects included in the financial plan under paragraph (4).’’.
(f) STATE TRANSPORTATION IMPROVEMENT PROGRAM.—Section
135(f) of such title is amended to read as follows:
‘‘(f) STATE TRANSPORTATION IMPROVEMENT PROGRAM.—
‘‘(1) DEVELOPMENT.—
‘‘(A) IN GENERAL.—Each State shall develop a transportation improvement program for all areas of the State.
‘‘(B) CONSULTATION WITH GOVERNMENTS.—
‘‘(i) METROPOLITAN AREAS.—With respect to each
metropolitan area in the State, the program shall be
developed in cooperation with the metropolitan planning organization designated for the metropolitan area
under section 134 of this title and section 5303 of
title 49.
‘‘(ii) NONMETROPOLITAN AREAS.—
‘‘(I) IN GENERAL.—With respect to each nonmetropolitan area in the State, the program shall
be developed in consultation with affected local
officials with responsibility for transportation.
‘‘(II) REVIEW.—Not later than 1 year after the
date of enactment of this subclause, the State shall
submit to the Secretary the details of the consultative planning process developed by the State for
nonmetropolitan areas under subclause (I). The
Secretary shall not review or approve such process.
‘‘(iii) INDIAN TRIBAL AREAS.—With respect to each
area of the State under the jurisdiction of an Indian
tribal government, the program shall be developed in
consultation with the tribal government and the Secretary of the Interior.
‘‘(C) PARTICIPATION BY INTERESTED PARTIES.—In developing the program, the Governor shall provide citizens,
affected public agencies, representatives of transportation
agency employees, freight shippers, private providers of
transportation, providers of freight transportation services,
representatives of users of public transit, and other
interested parties with a reasonable opportunity to comment on the proposed program.
‘‘(2) INCLUDED PROJECTS.—
‘‘(A) IN GENERAL.—A transportation improvement program developed under this subsection for a State shall
include federally supported surface transportation expenditures within the boundaries of the State.
‘‘(B) CHAPTER 2 PROJECTS.—
‘‘(i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally significant projects proposed for funding under
chapter 2 shall be identified individually in the
transportation improvement program.
‘‘(ii) OTHER PROJECTS.—Projects proposed for funding under chapter 2 that are not determined to be
regionally significant shall be grouped in 1 line item

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 183

or identified individually in the transportation
improvement program.
‘‘(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION
PLAN.—Each project shall be—
‘‘(i) consistent with the long-range transportation
plan developed under this section for the State;
‘‘(ii) identical to the project as described in an
approved metropolitan transportation improvement
program; and
‘‘(iii) in conformance with the applicable State air
quality implementation plan developed under the
Clean Air Act (42 U.S.C. 7401 et seq.), if the project
is carried out in an area designated as nonattainment
for ozone or carbon monoxide under such Act.
‘‘(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.—
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.
‘‘(E) FINANCIAL PLAN.—The transportation improvement program may include a financial plan that demonstrates how the approved 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 additional financing strategies for needed projects and
programs. The financial plan may include, for illustrative
purposes, additional projects that would be included in
the adopted transportation plan if reasonable additional
resources beyond those identified in the financial plan were
available.
‘‘(F) SELECTION OF PROJECTS FROM ILLUSTRATIVE
LIST.—
‘‘(i) NO REQUIRED SELECTION.—Notwithstanding
subparagraph (E), a State shall not be required to
select any project from the illustrative list of additional
projects included in the financial plan under subparagraph (E).
‘‘(ii) REQUIRED ACTION BY THE SECRETARY.—Action
by the Secretary shall be required for a State to select
any project from the illustrative list of additional
projects included in the financial plan under subparagraph (E) for inclusion in an approved transportation
improvement program.
‘‘(G) PRIORITIES.—The program shall reflect the priorities for programming and expenditures of funds, including
transportation enhancement activities, required by this
title.
‘‘(3) PROJECT SELECTION FOR AREAS OF LESS THAN 50,000
POPULATION.—
‘‘(A) IN GENERAL.—Projects carried out in areas with
populations of less than 50,000 individuals (excluding
projects carried out on the National Highway System and
projects carried out under the bridge program or the Interstate maintenance program) shall be selected, from the
approved statewide transportation improvement program,
by the State in cooperation with the affected local officials.

112 STAT. 184

23 USC 135.

23 USC 135 note.

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects
carried out in areas described in subparagraph (A) on the
National Highway System and projects carried out in such
areas under the bridge program or the Interstate maintenance program shall be selected, from the approved statewide transportation improvement program, 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, on a finding that the planning process through
which the program was developed is consistent with this section, section 134, and sections 5303 through 5305 of title 49,
approved not less frequently than biennially by the Secretary.
‘‘(5) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, action by the Secretary shall
not be required to advance a project included in the approved
statewide transportation improvement program in place of
another project in the program.’’.
(g) FUNDING.—Section 134(g) of such title is amended by striking ‘‘section 307(c)(1)’’ and inserting ‘‘section 505(a)’’.
(h) CONTINUATION OF CURRENT REVIEW PRACTICE.—Section 135
of such title is amended by adding at the end the following:
‘‘(i) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since plans
and programs described in this section are subject to a reasonable
opportunity for public comment, since individual projects included
in the plans and programs are subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and
since decisions by the Secretary concerning plans and programs
described in this section have not been reviewed under such Act
as of January 1, 1997, any decision by the Secretary concerning
a plan or program described in this section shall not be considered
to be a Federal action subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).’’.
(i) PARTICIPATION OF LOCAL ELECTED OFFICIALS.—
(1) STUDY.—The Secretary shall conduct a study on the
effectiveness of the participation of local elected officials in
transportation planning and programming. In conducting the
study, the Secretary shall consider the degree of cooperation
between each State, local officials in rural areas in the State,
and regional planning and development organizations in the
State.
(2) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to Congress
a report containing the results of the study with any recommendations the Secretary determines appropriate as a result
of the study.
SEC. 1205. CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.

(a) CONTRACTING PROCEDURES.—Section 112(b)(2) of title 23,
United States Code, is amended in clauses (i) and (ii) of subparagraph (B) by striking ‘‘, except to’’ each place it appears and all
that follows through the period at the end and inserting a period.
(b) SELECTION PROCESS.—Section 112 of title 23, United States
Code, is amended by adding at the end the following:
‘‘(g) SELECTION PROCESS.—A State may procure, under a single
contract, the services of a consultant to prepare any environmental
impact assessments or analyses required for a project, including

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 185

environmental impact statements, as well as subsequent engineering and design work on the project if the State conducts a review
that assesses the objectivity of the environmental assessment,
environmental analysis, or environmental impact statement prior
to its submission to the Secretary.’’.
SEC. 1206. ACCESS OF MOTORCYCLES.

Section 102 of title 23, United States Code, is amended by
redesignating subsection (b) as subsection (c) and by inserting after
subsection (a) the following:
‘‘(b) ACCESS OF MOTORCYCLES.—No State or political subdivision
of a State may enact or enforce a law that applies only to motorcycles and the principal purpose of which is to restrict the access
of motorcycles to any highway or portion of a highway for which
Federal-aid highway funds have been utilized for planning, design,
construction, or maintenance. Nothing in this subsection shall affect
the authority of a State or political subdivision of a State to regulate
motorcycles for safety.’’.
SEC. 1207. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.

(a) FERRY OPERATING AND LEASING AMENDMENTS.—Section
129(c)(3) of title 23, United States Code, is amended by striking
‘‘owned.’’ and inserting ‘‘owned or operated or majority publicly
owned if the Secretary determines with respect to a majority publicly owned ferry or ferry terminal facility that such ferry boat
or ferry terminal facility provides substantial public benefits.’’.
(b) REAUTHORIZATION.—Section 1064 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105
Stat. 2005) is amended—
(1) in the second sentence of subsection (c) by striking
‘‘Such sums’’ and inserting ‘‘Sums made available to carry out
this section’’;
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
‘‘(d) SET-ASIDE FOR PROJECTS ON NHS.—
‘‘(1) IN GENERAL.—$20,000,000 of the amount made available to carry out this section for each of fiscal years 1999
through 2003 shall be obligated for the construction or
refurbishment of ferry boats and ferry terminal facilities and
approaches to such facilities within marine highway systems
that are part of the National Highway System.
‘‘(2) ALASKA.—$10,000,000 of the $20,000,000 for a fiscal
year made available under paragraph (1) shall be made available to the State of Alaska.
‘‘(3) NEW JERSEY.—$5,000,000 of the $20,000,000 for a fiscal
year made available under paragraph (1) shall be made available to the State of New Jersey.
‘‘(4) WASHINGTON.—$5,000,000 of the $20,000,000 for a fiscal year made available under paragraph (1) shall be made
available to the State of Washington.’’.
(c) STUDY.—
(1) IN GENERAL.—The Secretary shall conduct a study of
ferry transportation in the United States and its possessions—
(A) to identify existing ferry operations, including—
(i) the locations and routes served; and

23 USC 129 note.

112 STAT. 186

PUBLIC LAW 105–178—JUNE 9, 1998
(ii) the source and amount, if any, of funds derived
from Federal, State, or local government sources
supporting ferry construction or operations;
(B) to identify potential domestic ferry routes in the
United States and its possessions and to develop information on those routes; and
(C) to identify the potential for use of high-speed ferry
services and alternative-fueled ferry services.
(2) REPORT.—The Secretary shall submit a report on the
results of the study to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.

SEC. 1208. TRAINING.

(a) TRAINING POSITIONS FOR WELFARE RECIPIENTS.—Section
140(a) of title 23, United States Code, is amended by inserting
after the third sentence the following: ‘‘In implementing such programs, a State may reserve training positions for persons who
receive welfare assistance from such State; except that the
implementation of any such program shall not cause current
employees to be displaced or current positions to be supplanted
or preclude workers that are participating in an apprenticeship,
skill improvement, or other upgrading program registered with
the Department of Labor or the appropriate State agency from
being referred to, or hired on, projects funded under this title
without regard to the length of time of their participation in such
program.’’.
(b) HIGHWAY TRAINING.—Section 140(b) of such title is
amended—
(1) in the first sentence—
(A) by inserting ‘‘and technology’’ after ‘‘construction’’;
and
(B) by inserting after ‘‘programs’’ the following: ‘‘, and
to develop and fund summer transportation institutes’’;
and
(2) in the second sentence by striking ‘‘104(b)’’ and inserting
‘‘104(b)(3)’’.
(c) SUPPORTIVE SERVICES.—Section 140(c) of such title is amended by striking ‘‘104(a)’’ and inserting ‘‘104(b)(3)’’.
SEC. 1209. USE OF HOV LANES BY INHERENTLY LOW-EMISSION
VEHICLES.

Section 102(a) of title 23, United States Code, is amended—
(1) by striking ‘‘A State’’ and inserting the following:
‘‘(1) IN GENERAL.—A State’’;
(2) by adding at the end the following:
‘‘(2) EXCEPTION FOR INHERENTLY LOW-EMISSION VEHICLES.—
Notwithstanding paragraph (1), before September 30, 2003,
a State may permit a vehicle with fewer than 2 occupants
to operate in high occupancy vehicle lanes if the vehicle is
certified as an Inherently Low-Emission Vehicle pursuant to
title 40, Code of Federal Regulations, and is labeled in accordance with, section 88.312–93(c) of such title. Such permission
may be revoked by the State should the State determine it
necessary.’’; and
(3) by aligning the remainder of paragraph (1) (as designated by paragraph (1) of this subsection) with paragraph
(2) (as added by paragraph (2) of this subsection).

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 187

SEC. 1210. ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM.

(a) ESTABLISHMENT.—The Secretary shall establish an advanced
travel forecasting procedures program—
(1) to provide for completion of the advanced transportation
model developed under the Transportation Analysis Simulation
System (referred to in this section as ‘‘TRANSIMS’’); and
(2) to provide support for early deployment of the advanced
transportation modeling computer software and graphics package developed under TRANSIMS and the program established
under this section to States, local governments, and metropolitan planning organizations with responsibility for travel modeling.
(b) ELIGIBLE ACTIVITIES.—The Secretary shall use funds made
available under this section to—
(1) provide funding for completion of core development of
the advanced transportation model;
(2) develop user-friendly advanced transportation modeling
computer software and graphics packages;
(3) provide training and technical assistance with respect
to the implementation and application of the advanced
transportation model to States, local governments, and metropolitan planning organizations with responsibility for travel
modeling; and
(4) allocate funds to not more than 12 entities described
in paragraph (3), representing a diversity of populations and
geographic regions, for a pilot program to enable transportation
management areas designated under section 134(i) of title 23,
United States Code, to convert from the use of travel forecasting
procedures in use by the areas as of the date of enactment
of this Act to the use of the advanced transportation model.
(c) FUNDING.—
(1) IN GENERAL.—There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $4,000,000 for fiscal year
1998, $3,000,000 for fiscal year 1999, $6,500,000 for fiscal year
2000, $5,000,000 for fiscal year 2001, $4,000,000 for fiscal year
2002, and $2,500,000 for fiscal year 2003.
(2) ALLOCATION OF FUNDS.—
(A) FISCAL YEARS 1998 AND 1999.—For each of fiscal
years 1998 and 1999, 100 percent of the funds made available under paragraph (1) shall be allocated to activities
as described in paragraphs (1), (2), and (3) of subsection
(b).
(B) FISCAL YEARS 2000 THROUGH 2003.—For each of fiscal
years 2000 through 2003, not more than 50 percent of
the funds made available under paragraph (1) may be
allocated to activities described in subsection (b)(4).
(3) CONTRACT AUTHORITY.—Funds authorized under this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost
of—
(A) any activity described in paragraph (1), (2), or
(3) of subsection (b) shall not exceed 100 percent; and
(B) any activity described in subsection (b)(4) shall
not exceed 80 percent.

23 USC 135 note.

112 STAT. 188

PUBLIC LAW 105–178—JUNE 9, 1998

SEC. 1211. AMENDMENTS TO PRIOR SURFACE TRANSPORTATION LAWS.

105 Stat. 2008.

40 USC 819a.

23 USC 108 note.

(a) PENNSYLVANIA STATION REDEVELOPMENT CORPORATION
BOARD OF DIRECTORS.—Section 1069(gg) of the Intermodal Surface
Transportation Efficiency Act of 1991 (109 Stat. 593 et seq.) is
amended by adding at the end the following:
‘‘(3) PENNSYLVANIA STATION REDEVELOPMENT CORPORATION
BOARD OF DIRECTORS.—In furtherance of the redevelopment
of the James A. Farley Post Office in New York, New York,
into an intermodal transportation facility and commercial center, the Secretary, the Administrator of the Federal Railroad
Administration, or their designees are authorized to serve as
ex officio members of the Board of Directors of the Pennsylvania
Station Redevelopment Corporation.’’.
(b) UNION STATION REDEVELOPMENT CORPORATION BOARD OF
DIRECTORS.—Subtitle B of title I of the National Visitor Center
Facilities Act of 1968 (40 U.S.C. 811 et seq.) is amended by adding
at the end the following:
‘‘SEC. 120. UNION STATION REDEVELOPMENT CORPORATION.

‘‘To further the rehabilitation, redevelopment and operation
of the Union Station complex, the Secretary of Transportation,
the Administrator of the Federal Railroad Administration, or their
designees are authorized to serve as ex officio members of the
Board of Directors of the Union Station Redevelopment Corporation.’’.
(c) SAFETY BELT USE LAW REQUIREMENTS.—Section 355 of the
National Highway System Designation Act of 1995 (109 Stat. 624)
is amended—
(1) in the section heading by striking ‘‘AND MAINE’’;
(2) in subsection (a)—
(A) by striking ‘‘States of New Hampshire and Maine
shall each’’ and inserting ‘‘State of New Hampshire shall’’;
and
(B) in paragraph (1) by striking ‘‘and 1996’’ and inserting ‘‘through 2000’’; and
(3) by striking ‘‘or Maine’’ each place it appears.
(d) METRIC CONVERSION AT STATE OPTION.—Section 205(c)(2)
of the National Highway System Designation Act of 1995 (23 U.S.C.
109 note; 109 Stat. 577) is amended by striking ‘‘Before September
30, 2000, the’’ and inserting ‘‘The’’.
(e) RIGHT-OF-WAY REVOLVING FUND.—
(1) TERMINATION.—Section 108 of title 23, United States
Code, is amended—
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
(2) TRANSITION PROVISION.—
(A) IN GENERAL.—Funds advanced to a State by the
Secretary from the right-of-way revolving fund established
by section 108(c) of title 23, United States Code, prior
to the date of enactment of this Act shall remain available
to the State for use on the projects for which the funds
were advanced for a period of 20 years from the date
on which the funds were advanced.
(B) CREDIT TO HIGHWAY TRUST FUND.—With respect
to a project for which funds have been advanced from
the right-of-way revolving fund, upon the termination of
the 20-year period referred to in subparagraph (A), when

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 189

actual construction is commenced, or upon approval by
the Secretary of the plans, specifications, and estimates
for the actual construction of the project on the rightof-way, whichever occurs first—
(i) the Highway Trust Fund (other than the Mass
Transit Account) shall be credited with an amount
equal to the Federal share of the funds advanced,
as provided in section 120 of title 23, United States
Code, out of any Federal-aid highway funds apportioned to the State in which the project is located
and available for obligation for projects of the type
funded; and
(ii) the State shall reimburse the Secretary in an
amount equal to the non-Federal share of the funds
advanced for deposit in, and credit to, the Highway
Trust Fund (other than the Mass Transit Account).
(g) PILOT TOLL COLLECTION PROGRAM.—Section 129 of title
23, United States Code, is amended by striking subsection (d).
(h) CONGRESSIONAL BRIDGE COMMISSIONS.—Public Law 87–441
(76 Stat. 59) is repealed.
(i) ISTEA HIGH PRIORITY CORRIDORS.—
(1) IN GENERAL.—Section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2032–2033)
is amended—
(A) by striking paragraph (5)(B)(iii)(I)(ff) and inserting
the following:
‘‘(ff) South Carolina State line to the Myrtle
Beach Conway region to Georgetown, South Carolina, including a connection to Andrews following
the route 41 corridor and to Camden following
the U.S. Route 521 corridor; and’’;
(B) by striking paragraph (5)(B)(iii)(II)(hh) and inserting the following:
‘‘(hh) South Carolina State line to the Myrtle
Beach Conway region to Georgetown, South Carolina.’’;
(C) in paragraph (9) by inserting after ‘‘New York’’
the following: ‘‘, including United States Route 322 between
United States Route 220 and I–80’’;
(D) in paragraph (18)—
(i) by striking ‘‘(18) Corridor from Indianapolis,’’
and inserting the following:
‘‘(18) Corridor from Sarnia, Ontario, Canada, through Port
Huron, Michigan, southwesterly along Interstate Route 69
through Indianapolis,’’; and
(ii) by striking ‘‘and to include’’ and inserting the
following: ‘‘as follows:
‘‘(A) In Michigan, the corridor shall be from Sarnia,
Ontario, Canada, southwesterly along Interstate Route 94
to the Ambassador Bridge interchange in Detroit, Michigan.
‘‘(B) In Michigan and Illinois, the corridor shall be
from Windsor, Ontario, Canada, through Detroit, Michigan,
westerly along Interstate Route 94 to Chicago, Illinois.
‘‘(C) In Tennessee, Mississippi, Arkansas, and Louisiana, the Corridor shall—

112 STAT. 190

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘(i) follow the alignment generally identified in
the Corridor 18 Special Issues Study Final Report;
and
‘‘(ii) include a connection between the Corridor in
the vicinity of Monticello, Arkansas, to Pine Bluff,
Arkansas.
‘‘(D) In the Lower Rio Grande Valley, the Corridor
shall—
‘‘(i) include United States Route 77 from the Rio
Grande River to Interstate Route 37 at Corpus Christi,
Texas, and then to Victoria, Texas, via U.S. Route
77;
‘‘(ii) include United States Route 281 from the
Rio Grande River to Interstate Route 37 and then
to Victoria, Texas, via United States Route 59; and
‘‘(iii) include’’;
(E) in paragraph (21) by striking ‘‘United States Route
17 in the vicinity of Salamanca, New York’’ and inserting
‘‘Interstate Route 80’’;
(F) by inserting ‘‘, including I–29 between Kansas City
and the Canadian border’’ before the period at the end
of paragraph (23); and
(G) by inserting after paragraph (29) the following:
‘‘(30) Interstate Route 5 in the States of California, Oregon,
and Washington, including California State Route 905 between
Interstate Route 5 and the Otay Mesa Port of Entry.
‘‘(31) The Mon-Fayette Expressway and Southern Beltway
in Pennsylvania and West Virginia.
‘‘(32) The Wisconsin Development Corridor from the Iowa,
Illinois, and Wisconsin border near Dubuque, Iowa, to the
Upper Mississippi River Basin near Eau Claire, Wisconsin,
as follows:
‘‘(A) United States Route 151 from the Iowa border
to Fond du Lac via Madison, Wisconsin, then United States
Route 41 from Fond du Lac to Marinette via Oshkosh,
Appleton, and Green Bay, Wisconsin.
‘‘(B) State Route 29 from Green Bay to I–94 via
Wausau, Chippewa Falls, and Eau Claire, Wisconsin.
‘‘(C) United States Route 10 from Appleton to
Marshfield, Wisconsin.
‘‘(33) The Capital Gateway Corridor following United States
Route 50 from the proposed intermodal transportation center
connected to I–395 in Washington, D.C., to the intersection
of United States Route 50 with Kenilworth Avenue and the
Baltimore-Washington Parkway in Maryland.
‘‘(34) The Alameda Corridor East and Southwest Passage,
California. The Alameda Corridor East is generally described
as 52.8 miles from east Los Angeles (terminus of Alameda
Corridor) through the San Gabriel Valley terminating at Colton
Junction in San Bernardino. The Southwest Passage shall follow I–10 from San Bernardino to the Arizona State line and
I–8 from San Diego to the Arizona State line.
‘‘(35) Everett-Tacoma FAST Corridor.
‘‘(36) New York and Pennsylvania State Route 17 from
Harriman, New York, to its intersection with I–90 in Pennsylvania.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 191

‘‘(37) United States Route 90 from I–49 in Lafayette, Louisiana, to I–10 in New Orleans.
‘‘(38) The Ports-to-Plains Corridor from the Mexican Border
via I–27 to Denver, Colorado.
‘‘(39) United States Route 63 from Marked Tree, Arkansas,
to I–55.
‘‘(40) The Greensboro Corridor from Danville, Virginia, to
Greensboro, North Carolina, along United States Route 29.
‘‘(41) The Falls-to-Falls Corridor—United States Route 53
from International Falls on the Minnesota/Canada border to
Chippewa Falls, Wisconsin.
‘‘(42) The portion of Corridor V of the Appalachian development highway system from Interstate Route 55 near Batesville,
Mississippi, to the intersection with Corridor X of the Appalachian development highway system near Fulton, Mississippi, and
the portion of Corridor X of the Appalachian development highway system from near Fulton, Mississippi, to the intersection
with Interstate Route 65 near Birmingham, Alabama.
‘‘(43) The United States Route 95 Corridor from the
Canadian border at Eastport, Idaho, to the Oregon State border.’’.
(2) PROVISIONS APPLICABLE TO CORRIDORS.—Section
1105(e)(5)(A) of such Act is amended—
(A) by inserting after ‘‘referred to’’ the first place it
appears the following: ‘‘in subsection (c)(1),’’;
(B) by striking ‘‘and’’ the second place it appears; and
(C) by inserting after ‘‘(c)(20)’’ the following: ‘‘, in subsection (c)(36), in subsection (c)(37), in subsection (c)(40),
and in subsection (c)(42)’’.
(3) ROUTES.—Section 1105(e)(5) of such Act is further
amended—
(A) in subparagraph (A) by inserting ‘‘(except with
respect to Georgetown County)’’ before ‘‘(iii)’’;
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the following:
‘‘(B) ROUTES.—
‘‘(i) DESIGNATION.—The routes referred to in subsections (c)(18) and (c)(20) shall be designated as Interstate Route I–69. A State having jurisdiction over any
segment of routes referred to in subsections (c)(18)
and (c)(20) shall erect signs identifying such segment
that is consistent with the criteria set forth in subsections (e)(5)(A)(i) and (e)(5)(A)(ii) as Interstate Route
I–69, including segments of United States Route 59
in the State of Texas. The segment identified in subsection (c)(18)(B)(i) shall be designated as Interstate
Route I–69 East, and the segment identified in subsection (c)(18)(B)(ii) shall be designated as Interstate
Route I–69 Central. The State of Texas shall erect
signs identifying such routes as segments of future
Interstate Route I–69.
‘‘(ii) RULEMAKING TO DETERMINE FUTURE INTERSTATE SIGN ERECTION CRITERIA.—The Secretary shall
conduct a rulemaking to determine the appropriate
criteria for the erection of signs for future routes on
the Interstate System identified in subparagraph (A).

105 Stat. 2031.

112 STAT. 192

49 USC 31136
note.

Reports.

PUBLIC LAW 105–178—JUNE 9, 1998

Such rulemaking shall be undertaken in consultation
with States and local officials and shall be completed
not later than December 31, 1998.’’;
(D) by striking the last sentence of subparagraph (A)
and inserting it as the first sentence of subparagraph (B)(i)
(as inserted by subparagraph (C) of this paragraph); and
(E) in subparagraph (D) (as redesignated by subparagraph (B) of this paragraph), by striking ‘‘(C)’’ and inserting
‘‘(D)’’.
(j) WINTER HOME HEATING OIL DELIVERY.—Section 346 of the
National Highway System Designation Act of 1995 (109 Stat. 615–
616) is amended—
(1) in subsection (a) by striking ‘‘season in the 6-month
period beginning on November 1, 1996’’ and inserting ‘‘seasons
in the 18-month period beginning on November 1, 1998’’; and
(2) by adding at the end the following:
‘‘(g) STUDY.—Not later than 1 year after the completion of
the pilot program, the Secretary shall submit to Congress a report
on the results of the program, including an assessment of any
impact on public safety.’’.
(k) FUTURE CORRIDOR SEGMENT.—
(1) STUDY.—The Secretary shall conduct a study to determine the feasibility of providing an Interstate quality road
for a route that runs in south/west direction generally along
United States Route 61 and crosses the Mississippi River in
the vicinity of Memphis, Tennessee, to Highway 79 and generally follows Highway 79 to Pine Bluff, Arkansas.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$500,000 for fiscal year 1999 to carry out the study.
(3) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—
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 such funds shall remain available until expended.
(l) BATON ROUGE, LOUISIANA.—
(1) REDUCTION IN SCOPE OF PROJECT.—Section 149(a) of
the Surface Transportation and Uniform Relocation Assistance
Act of 1987 (101 Stat. 181–198) is amended in paragraph
(47)(B)—
(A) by inserting ‘‘and’’ after the semicolon at the end
of clause (i);
(B) by striking ‘‘; and’’ at the end of clause (ii) and
inserting a period; and
(C) by striking clause (iii).
(2) APPLICABILITY OF OBLIGATION LIMITATION.—Notwithstanding any other provision of law, the project described in
section 149(a)(47)(B) of such Act shall be subject to any limitation on obligations for Federal-aid highway and highway safety
construction programs.
(m) AMENDMENTS TO SURFACE TRANSPORTATION ASSISTANCE
ACT OF 1982.—Section 146 of the Surface Transportation Assistance
Act of 1982 (96 Stat. 2130), relating to lane restrictions, is repealed.
(n) SUBSTITUTE PROJECT.—Section 1045 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1994) is amended in subsection (a)—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 193

(1) by striking ‘‘(a) APPROVAL OF PROJECT.—Notwithstanding’’ and inserting the following:
‘‘(a) APPROVAL OF PROJECT.—
‘‘(1) Notwithstanding’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) Notwithstanding paragraph (1) and subsection (c) of
this section, upon the request of the Governor of the State
of Wisconsin, submitted by October 1, 2000, the Secretary shall
approve one or more substitute projects in lieu of the substitute
project approved by the Secretary under paragraph (1) and
subsection (c) of this section.’’.
SEC. 1212. MISCELLANEOUS.

(a) STATE TRANSPORTATION DEPARTMENT.—
(1) IN GENERAL.—Section 302 of title 23, United States
Code, is amended—
(A) in subsection (a) by striking the second sentence;
and
(B) by striking subsection (b) and inserting the following:
‘‘(b) EFFECT OF COMPLIANCE.—Compliance with subsection (a)
shall have no effect on the eligibility of costs.’’.
(2) CHANGE IN TERM DEFINED.—
(A) IN GENERAL.—Title 23, United States Code, is
amended—
(i) by striking ‘‘State highway department’’ each
place it appears and inserting ‘‘State transportation
department’’; and
(ii) by striking ‘‘State highway departments’’ each
place it appears and inserting ‘‘State transportation
departments’’.
(B) CONFORMING AMENDMENTS.—
(i) The analysis for chapter 3 of title 23, United
States Code, is amended in the item relating to section
302 by striking ‘‘highway’’ and inserting ‘‘transportation’’.
(ii) Section 302 of title 23, United States Code,
is amended in the section heading by striking ‘‘highway’’ and inserting ‘‘transportation’’.
(iii) Section 201(b) of the Appalachian Regional
Development Act of 1965 (40 U.S.C. App.) is amended
in the second sentence by striking ‘‘State highway
department’’ and inserting ‘‘State transportation
department’’.
(iv) Section 138(c) of the Surface Transportation
Assistance Act of 1978 (40 U.S.C. App. (note to section
201 of the Appalachian Regional Development Act of
1965); 92 Stat. 2710) is amended in the first sentence—
(I) by striking ‘‘Federal-aid primary system’’
and inserting ‘‘National Highway System’’; and
(II) by striking ‘‘State highway department’’
and inserting ‘‘State transportation department’’.
(b) INFRASTRUCTURE AWARENESS PROGRAM.—
(1) IN GENERAL.—The Secretary is authorized to fund the
production, in cooperation with a not-for-profit national public
television station and the National Academy of Engineering,
of a documentary about infrastructure that shall demonstrate

23 USC 102 et
seq.
23 USC 104 et
seq.

112 STAT. 194

Colorado.

Louisiana.

New Hampshire.

Maine.

PUBLIC LAW 105–178—JUNE 9, 1998

how public works and infrastructure projects stimulate job
growth and the economy and contribute to the general welfare
of the Nation.
(2) FEDERAL SHARE.—
(A) IN GENERAL.—The Federal share of the cost of
production of the documentary shall be 60 percent. The
non-Federal share shall be provided from private sources
and shall include amounts expended by such sources for
the production before the date of enactment of this Act.
(B) CALCULATION.—The calculation of the Federal and
non-Federal shares under this paragraph shall be made
over the term for which sums are authorized to be appropriated under paragraph (3).
(3) FUNDING.—There is authorized to be appropriated out
of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subsection $888,000 for fiscal year
1998, and $1,000,000 for each of fiscal years 1999 and 2000.
Such funds shall remain available until expended.
(4) APPLICABILITY OF TITLE 23.—Funds authorized by this
paragraph 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 and the availability
of funds authorized by this subsection shall be determined
in accordance with this subsection.
(c) MASS TRANSPORTATION BUSES.—Section 1023(h)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C.
127 note) is amended by striking ‘‘the date on which’’ and all
that follows through ‘‘1995’’ and inserting ‘‘October 1, 2003’’.
(d) VEHICLE WEIGHT LIMITATIONS.
(1) IN GENERAL.—Section 127(a) of title 23, United States
Code, is amended—
(A) by inserting before the next to the last sentence
the following: ‘‘With respect to the State of Colorado,
vehicles designed to carry 2 or more precast concrete panels
shall be considered a nondivisible load.’’; and
(B) by adding at the end the following: ‘‘The State
of Louisiana may allow, by special permit, the operation
of vehicles with a gross vehicle weight of up to 100,000
pounds for the hauling of sugarcane during the harvest
season, not to exceed 100 days annually. With respect
to Interstate Route 95 in the State of New Hampshire,
State laws (including regulations) concerning vehicle
weight limitations that were in effect on January 1, 1987,
and are applicable to State highways other than the Interstate System, shall be applicable in lieu of the requirements
of this subsection. With respect to that portion of the Maine
Turnpike designated Interstate Route 95 and 495, and
that portion of Interstate Route 95 from the southern terminus of the Maine Turnpike to the New Hampshire State
line, laws (including regulations) of the State of Maine
concerning vehicle weight limitations that were in effect
on October 1, 1995, and are applicable to State highways
other than the Interstate System, shall be applicable in
lieu of the requirements of this subsection.’’.
(2) STUDIES.—
(A) COLORADO.—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 195

(i) IN GENERAL.—In consultation with the Secretary, the State of Colorado shall conduct a study
analyzing the economic, safety, and infrastructure
impacts of the exemption provided by the amendment
made by paragraph (1)(A), including the impact of
not having such an exemption. In preparing the study,
the State shall provide adequate opportunity for public
comment.
(ii) FUNDING.—There is authorized to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) $200,000 for fiscal year 1999
to carry out the study.
(B) LOUISIANA.—
(i) IN GENERAL.—In consultation with the Secretary, the State of Louisiana shall conduct a study
analyzing the economic, safety, and infrastructure
impacts of the exemption provided by the amendment
made by paragraph (1)(B), including the impact of
not having such an exemption. In preparing the study,
the State shall provide adequate opportunity for public
comment.
(ii) FUNDING.—There is authorized to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) $200,000 for fiscal year 1999
to carry out the study.
(C) MAINE.—
(i) IN GENERAL.—In consultation with the Secretary, the State of Maine shall conduct a study analyzing the economic, safety, and infrastructure impacts
of the exemption provided by the amendment made
by paragraph (1)(B), including the impact of not having
such an exemption. In preparing the study, the State
shall provide adequate opportunity for public comment.
(ii) FUNDING.—There is authorized to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) $200,000 for fiscal year 1999
to carry out the study.
(D) NEW HAMPSHIRE.—
(i) IN GENERAL.—In consultation with the Secretary, the State of New Hampshire shall conduct a
study analyzing the economic, safety, and infrastructure impacts of the exemption provided by the amendment made by paragraph (1)(B), including the impact
of not having such an exemption. In preparing the
study, the State shall provide adequate opportunity
for public comment.
(ii) FUNDING.—There is authorized to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) $200,000 for fiscal year 1999
to carry out the study.
(E) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—
Funds authorized by this paragraph 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 such funds shall remain available until
expended.
(k) DRIVER TRAINING AND SAFETY CENTER.—

112 STAT. 196
Pennsylvania.

West Virginia.

23 USC 402 note.

PUBLIC LAW 105–178—JUNE 9, 1998

(1) IN GENERAL.—The Secretary shall make grants to establish a driver training and safety center at Connellsville,
Pennsylvania.
(2) PURPOSE.—The purpose of the facility shall be to train
and enhance the driving skills of motor vehicle and emergency
vehicle operators.
(3) 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
$2,500,000 for each of fiscal years 1999 through 2001.
(4) 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 funds shall remain
available until expended.
(l) OHIO RIVER WELCOME CENTER.—
(1) IN GENERAL.—The Secretary shall make grants to establish a welcome center in Point Pleasant, West Virginia.
(2) ACCESS.—The center shall be accessible by motor
vehicle, bicycle, pedestrian walkway, and river transportation.
(3) FACILITIES.—The center shall include a comfort station,
picnic and sitting plaza, a small amphitheater, a deep river
port, a marina, and a walking trail.
(4) 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
$412,900 for fiscal year 1999, $1,362,500 for fiscal year 2000,
and $699,500 for fiscal year 2001.
(5) 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 activities carried out using the funds shall be 50 percent
and the funds shall remain available until expended.
(m) PROJECT FLEXIBILITY FOR MINNESOTA.—Notwithstanding
any other provision of law, funds allocated for a project in the
State of Minnesota under section 117 of title 23, United States
Code, may be obligated for any other project in the State for
which funds are so allocated; except that the total amount of funds
authorized for any project for which funds are so allocated shall
not be reduced.
(n) BALTIMORE WASHINGTON PARKWAY.—Notwithstanding any
other provision of law, the Federal share of the cost of a project
for which funds are allocated under section 117 of title 23, United
States Code, for renovation and construction of the Baltimore
Washington Parkway in Prince Georges County, Maryland, shall
be 100 percent.
(o) BICYCLE AND PEDESTRIAN SAFETY GRANTS.—
(1) IN GENERAL.—The Secretary shall make grants to a
national, not-for-profit organization engaged in promoting
bicycle and pedestrian safety—
(A) to operate a national bicycle and pedestrian
clearinghouse;
(B) to develop information and educational programs;
and
(C) to disseminate techniques and strategies for
improving bicycle and pedestrian safety.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 197

(D) 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 subsection $500,000 for each of fiscal years 1998
through 2003.
(E) 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 funds
shall remain available until expended.
(p) HEAVY EQUIPMENT OPERATOR TRAINING FACILITY.—
(1) ESTABLISHMENT.—The Secretary shall establish a heavy
equipment operator training facility in Hibbing, Minnesota.
The purpose of the facility shall be to develop an appropriate
curriculum for training, and to train operators and future operators of heavy equipment in the safe use of such equipment.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) $500,000 for each of fiscal
years 1998 and 1999 to carry out this subsection.
(3) APPLICABILITY OF TITLE 23.—Funds made available to
carry out 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 establishment of the facility under
this subsection shall be 80 percent and such funds shall remain
available until expended.
(q) MOTOR CARRIER OPERATOR VEHICLE AND TRAINING
FACILITY.—
(1) ESTABLISHMENT.—The Secretary shall make grants to
the Commonwealth of Pennsylvania to establish and operate
an advanced tractor trailer safety and operator training facility
in Chambersburg, Pennsylvania. The purpose of the facility
shall be to develop and coordinate an advance curriculum for
the training of operators and future operators of tractor trailers.
The facility shall conduct training on the test track at
Letterkenny Army Depot and the unused segment of the
Pennsylvania Turnpike located in Bedford County, Pennsylvania. The facility shall be operated by a not-for-profit entity
and, when Federal assistance is no longer being provided with
respect to the facility, shall be privately operated.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) $500,000 for each of fiscal
years 1998 through 2003 to carry out this subsection.
(3) APPLICABILITY OF TITLE 23.—Funds made available to
carry out 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 such
funds shall remain available until expended and the Federal
share of the cost of establishment and operation of the facility
under this subsection shall be 80 percent.
(r) HIGH PRIORITY LAS VEGAS INTERMODAL CENTER.—
(1) IN GENERAL.—The Secretary shall provide $2,000,000
for fiscal year 1999 and $2,500,000 for fiscal year 2000 for
the High Priority Las Vegas Intermodal Center in Las Vegas,
Nevada.

Pennsylvania.

112 STAT. 198

Effective date.
92 Stat. 1650.

PUBLIC LAW 105–178—JUNE 9, 1998

(2) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.
(s) SEISMIC DESIGN.—
(1) IN GENERAL.—The Secretary shall provide—
(A) $8,000,000 for fiscal year 1999 for seismic design
and engineering of the Mississippi/Arkansas Great River
Bridge;
(B) $8,000,000 for fiscal year 1999 to the State of
Missouri for seismic design and deployment; and
(C) $7,000,000 for fiscal year 1999 to the State of
Arkansas for seismic design and deployment.
(2) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.
(t) BILOXI HARBOR, MISSISSIPPI.—The portion of the project
for navigation, Biloxi Harbor, Mississippi, authorized by the River
and Harbor Act of 1960 (74 Stat. 481), for the Bernard Bayou
Channel beginning near the Air Force Oil Terminal at approximately navigation mile 2.6 and extending downstream to the NorthSouth 1⁄2 of Section 30, Township 7 South, Range 10 West, Harrison
County, Mississippi, just west of Kremer Boat Yards, is not authorized after the date of enactment of this Act.
(u) CLARIFICATION.—Notwithstanding any other provision of
law, the Commonwealth of Pennsylvania is authorized to proceed
with engineering, final design, and construction of Corridor O of
the Appalachian development highway system between Bald Eagle
and Interstate Route 80. All records of decision relating to Corridor
O issued prior to the date of enactment of this Act shall remain
in effect.
(v) BOUNDARY WATERS CANOE AREA.—Effective January 1,
1999, section 4 of the Act of October 21, 1978 (Public Law 95–
495) is amended—
(1) by striking subsection (g) and inserting the following:
‘‘(g) Nothing in this Act shall be construed to prevent the
operation of motorized vehicles to transport boats across the portages between the Moose Lake Chain and Basswood Lake, Minnesota, and between Vermilion Lake and Trout Lake, Minnesota.’’;
and
(2) in subsection (c)(2) by striking ‘‘; Alder, Cook County;
Canoe, Cook County’’.
(w) MISCELLANEOUS PROJECTS.—
(1) REPLACEMENT OF ROSLYN VIADUCT.—
(A) PROJECT.—The Secretary is authorized to carry
out a project for replacement of a segment of the Roslyn
elevated highway (NY25A) on Long Island, New York.
(B) AUTHORIZATION.—There is authorized to be appropriated to carry out this paragraph $51,000,000 for fiscal
years beginning after September 30, 1998. Such sums shall
remain available until expended.
(2) DESIGN AND ENGINEERING FOR MILLER HIGHWAY.—
(A) PROJECT.—The Secretary is authorized to carry
out a project for design and engineering of the Miller
Highway on the west side of Manhattan, New York.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 199

(B) AUTHORIZATION.—There is authorized to be appropriated to carry out this paragraph $15,000,000 for fiscal
years beginning after September 30, 1998. Such sums shall
remain available until expended.
(3) WILLIAMSVILLE TOLL BARRIER.—
(A) PROJECT.—The Secretary is authorized to carry
out a project to relocate a toll barrier complex to relieve
traffic congestion in the Buffalo, New York, area.
(B) AUTHORIZATION.—There is authorized to be appropriated to carry out this paragraph $20,000,000 for fiscal
years beginning after September 30, 1998. Such sums shall
remain available until expended.
(x) ST. GEORGES, DELAWARE.—The Secretary of the Army shall
transfer all right, title, and interest of the United States in the
highway bridge on United States Route 13 in the vicinity of St.
Georges, Delaware, to the State of Delaware if the transfer is
necessary to facilitate retransfer to a private entity for the purpose
of demonstrating the effectiveness and efficiency of the use of largescale composites technology for bridge rehabilitation. In evaluating
the level of service for all Federal crossings over the Chesapeake
and Delaware Canal in Delaware, the total vehicle trips per day
on this transferred bridge shall be attributed to the remaining
Federal crossing at St. Georges, Delaware (the SR1 Bridge). If
the transfer is completed within 180 days after the date of enactment of this Act, the Secretary shall provide $10,000,000 to the
State for the State to use in rehabilitating the bridge.
(y) MOUNT PARAN INTERCHANGE PROJECT FOR INTERSTATE
ROUTE 75.—Notwithstanding any other provision of law, none of
the funds made available under this Act or title 23, United States
Code, shall be used to carry out a project to construct or improve
the Mount Paran interchange on Interstate Route 75 in Georgia
unless the Atlanta Regional Commission approves the project after
the date of enactment of this Act.
(z) NITTANY PARKWAY.—The Secretary shall designate 31 miles
of Pennsylvania State Route 26 between Huntingdon, Pennsylvania,
and State College, Pennsylvania, as the Nittany Parkway.

Pennsylvania.

SEC. 1213. STUDIES AND REPORTS.

(a) HIGHWAY ECONOMIC REQUIREMENT SYSTEM.—
(1) METHODOLOGY.—
(A) EVALUATION.—The Comptroller General of the
United States shall conduct an evaluation of the methodology used by the Department of Transportation to determine
highway needs using the highway economic requirement
system (in this subsection referred to as the ‘‘model’’).
(B) REQUIRED ELEMENT.—The evaluation shall include
an assessment of the extent to which the model estimates
an optimal level of highway infrastructure investment,
including an assessment as to when the model may be
overestimating or underestimating investment requirements.
(C) REPORT TO CONGRESS.—Not later than 2 years after
the date of enactment of this Act, the Comptroller General
shall submit to Congress a report on the results of the
evaluation.
(2) STATE INVESTMENT PLANS.—

23 USC 101 note.

112 STAT. 200

23 USC 109 note.

23 USC 401 note.

23 USC 101 note.

PUBLIC LAW 105–178—JUNE 9, 1998

(A) STUDY.—In consultation with State transportation
departments and other appropriate State and local officials,
the Comptroller General of the United States shall conduct
a study on the extent to which the model can be used
to provide States with useful information for developing
State transportation investment plans and State infrastructure investment projections.
(B) REQUIRED ELEMENTS.—The study shall—
(i) identify any additional data that may need to
be collected beyond the data submitted, before the
date of enactment of this Act, to the Federal Highway
Administration through the highway performance monitoring system; and
(ii) identify what additional work, if any, would
be required of the Federal Highway Administration
and the States to make the model useful at the State
level.
(C) REPORT TO CONGRESS.—Not later than 3 years after
the date of enactment of this Act, the Comptroller General
shall submit to Congress a report on the results of the
study.
(b) INTERNATIONAL ROUGHNESS INDEX.—
(1) STUDY.—The Comptroller General of the United States
shall conduct a study on the international roughness index
that is used as an indicator of pavement quality on the Federalaid highway system.
(2) REQUIRED ELEMENTS.—The study shall specify the
extent of usage of the index and the extent to which the
international roughness index measurement is reliable across
different manufacturers and types of pavement.
(3) REPORT TO CONGRESS.—Not later than 2 years after
the date of enactment of this Act, the Comptroller General
shall submit to Congress a report on the results of the study.
(c) USE OF UNIFORMED POLICE OFFICERS ON FEDERAL-AID HIGHWAY CONSTRUCTION PROJECTS.—
(1) STUDY.—In consultation with the States, State transportation departments, and law enforcement organizations, the
Secretary shall conduct a study on the extent and effectiveness
of use by States of uniformed police officers on Federal-aid
highway construction projects.
(2) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a
report on the results of the study, including any legislative
and administrative recommendations of the Secretary.
(d) SOUTHWEST BORDER TRANSPORTATION INFRASTRUCTURE.—
(1) ASSESSMENT.—The Secretary shall conduct a comprehensive assessment of the state of the transportation infrastructure on the southwest border between the United States
and Mexico (in this subsection referred to as the ‘‘border’’).
(2) CONSULTATION.—In carrying out the assessment, the
Secretary shall consult with—
(A) the Secretary of State;
(B) the Attorney General;
(C) the Secretary of the Treasury;
(D) the Commandant of the Coast Guard;
(E) the Administrator of General Services;

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 201

(F) the American Commissioner on the International
Boundary Commission, United States and Mexico;
(G) State agencies responsible for transportation and
law enforcement in border States; and
(H) municipal governments and transportation authorities in sister cities in the border area.
(3) REQUIREMENTS.—In carrying out the assessment, the
Secretary shall—
(A) assess the flow of commercial and private traffic
through designated ports of entry on the border;
(B) assess the adequacy of transportation infrastructure in the border area, including highways, bridges, railway lines, and border inspection facilities;
(C) assess the adequacy of law enforcement and narcotics abatement activities in the border area, as the activities
relate to commercial and private traffic and infrastructure;
(D) assess future demands on transportation infrastructure in the border area; and
(E) make recommendations to facilitate legitimate
cross-border traffic in the border area, while maintaining
the integrity of the border.
(4) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a
report on the assessment conducted under this subsection,
including any related legislative and administrative recommendations.
(e) STUDY OF PROCUREMENT PRACTICES AND PROJECT DELIVERY.—
(1) STUDY.—The Comptroller General shall conduct a study
to assess the impact that a utility company’s failure to relocate
its facilities in a timely manner has on the delivery and cost
of Federal-aid highway and bridge projects. The study shall
also assess the following:
(A) Methods States use to mitigate such delays, including the use of the courts to compel cooperation.
(B) The prevalence and use of incentives to utility
companies for early completion of utility relocations on
Federal-aid transportation project sites and, conversely,
penalties assessed on utility companies for utility relocation
delays on such projects.
(C) The extent to which States have used available
technologies, such as subsurface utility engineering, early
in the design of Federal-aid highway and bridge projects
so as to eliminate or reduce the need for or delays due
to utility relocations.
(D) Whether individual States compensate transportation contractors for business costs incurred by the contractors when Federal-aid highway and bridge projects
under contract to them are delayed by utility-companycaused delays in utility relocations and any methods used
by States in making any such compensation.
(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall transmit to
Congress a report on the results of the study with any recommendations the Comptroller General determines appropriate
as a result of the study.
(f) SPECIALIZED HAULING VEHICLES.—

23 USC 123 note.

23 USC 127 note.

112 STAT. 202

23 USC 131 note.

23 USC 127 note.

23 USC 127 note.

PUBLIC LAW 105–178—JUNE 9, 1998
(1) STUDY.—The Secretary shall conduct a study to examine
the impact of the truck weight standards on specialized hauling
vehicles. The study shall include, at a minimum, an analysis
of the economic, safety, and infrastructure impacts of the standards.
(2) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study with any recommendations
the Secretary determines appropriate as a result of the study.
(g) STUDY OF STATE PRACTICES ON SPECIFIC SERVICE SIGNING.—
(1) STUDY.—The Secretary shall conduct a study to determine the practices in the States for specific service food signs
described in sections 2G–5.7 and 2G–5.8 of the Manual on
Uniform Traffic Control Devices for Streets and Highways.
The study shall examine, at a minimum—
(A) the practices of all States for determining
businesses eligible for inclusion on such signs;
(B) whether States allow businesses to be removed
from such signs and the circumstances for such removal;
(C) the practices of all States for erecting and maintaining such signs, including the time required for erecting
such signs; and
(D) whether States contract out the erection and
maintenance of such signs.
(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study, including any recommendations and, if appropriate, modifications to the Manual.
(h) VEHICLE WEIGHT ENFORCEMENT.—
(1) STUDY.—The Secretary shall conduct a study of State
laws (including regulations) relating to penalties for violation
of State commercial motor vehicle weight laws.
(2) PURPOSE.—The purpose of the study shall be to determine the effectiveness of State penalties as a deterrent to
illegally overweight trucking operations. The study shall evaluate fine structures, innovative roadside enforcement techniques,
and a State’s ability to penalize shippers and carriers as well
as drivers and shall examine the effectiveness of administrative
and judicial procedures utilized to enforce vehicle weight laws.
(3) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study with any legislative recommendations of the Secretary.
(i) COMMERCIAL MOTOR VEHICLE STUDY.—
(1) IN GENERAL.—The Secretary shall request the Transportation Research Board of the National Academy of Sciences
to conduct a study regarding the regulation of weights, lengths,
and widths of commercial motor vehicles operating on Federalaid highways to which Federal regulations apply on the date
of enactment of this Act. In conducting the study, the Board
shall review law, regulations, studies (including Transportation
Research Board Special Report 225), and practices and develop
recommendations regarding any revisions to law and regulations that the Board determines appropriate.
(2) FACTORS TO CONSIDER AND EVALUATE.—In developing
recommendations under paragraph (1), the Board shall consider
and evaluate the impact of the recommendations described

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 203

in paragraph (1) on the economy, the environment, safety,
and service to communities.
(3) CONSULTATION.—In carrying out the study, the Board
shall consult with the Department of Transportation, States,
the motor carrier industry, freight shippers, highway safety
groups, air quality and natural resource management groups,
commercial motor vehicle driver representatives, and other
appropriate entities.
(4) REPORT.—Not later than 2 years after the date of enactment of this Act, the Board shall transmit to Congress and
the Secretary a report on the results of the study conducted
under this subsection.
(5) RECOMMENDATIONS.—Not later than 180 days after the
date of receipt of the report under paragraph (4), the Secretary
may transmit to Congress a report containing comments or
recommendations of the Secretary regarding the Board’s report.
(6) FUNDING.—There is authorized to be appropriated out
of the Highway Trust Fund (other than the Mass Transit
Account) $250,000 for each of fiscal years 1999 and 2000 to
carry out this subsection.
(7) APPLICABILITY OF TITLE 23.—Funds made available to
carry out 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 the study under this subsection
shall be 100 percent and such funds shall remain available
until expended.
(j) TRAFFIC ANALYSIS.—
(1) IN GENERAL.—The Secretary shall enter into an agreement with the State of Oklahoma to carry out a traffic analysis
to determine the feasibility of a trade processing center in
McClain County, Oklahoma.
(2) AUTHORIZATION.—There is authorized to be appropriated from the Highway Trust Fund (other than the Mass
Transit Account) to carry out this subsection $1,000,000 for
fiscal year 1999.
(3) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.
(k) STUDY OF INTERSTATE HIGH SPEED GROUND TRANSPORTATION.—
(1) STUDY.—The Secretary shall conduct a study to assess
the feasibility of providing high speed rail passenger service
from Atlanta, Georgia, to Charleston, South Carolina. The study
shall also assess the potential impact of rail service on the
tourism industry.
(2) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall transmit to the Committee
on Transportation and Infrastructure of the House of Representatives and to the Committee on Environment and Public
Works of the Senate a report on the results of the study,
together with any recommendations the Secretary determines
appropriate as a result of the study.

Contracts.
Oklahoma.

112 STAT. 204

PUBLIC LAW 105–178—JUNE 9, 1998

SEC. 1214. FEDERAL ACTIVITIES.
District of
Columbia.
20 USC 76j note.

20 USC 50 note.

(a) ACCESS TO JOHN F. KENNEDY CENTER FOR THE PERFORMING
ARTS.—
(1) STUDY.—The Secretary, in cooperation with the District
of Columbia, the John F. Kennedy Center for the Performing
Arts, and the Department of the Interior and in consultation
with other interested persons, shall conduct a study of methods
to improve pedestrian and vehicular access to the John F.
Kennedy Center for the Performing Arts.
(2) REPORT.—Not later than September 30, 1999, the Secretary shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report
containing the results of the study with an assessment of
the impacts (including environmental, aesthetic, economic, and
historical impacts) associated with the implementation of each
of the methods examined under the study.
(3) 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 subsection
$500,000 for fiscal year 1998.
(4) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—
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 activities conducted using
such funds shall be 100 percent and such funds shall remain
available until expended.
(b) SMITHSONIAN INSTITUTION TRANSPORTATION PROGRAM.—
(1) IN GENERAL.—The Secretary shall allocate amounts
made available by this subsection for obligation at the discretion
of the Secretary of the Smithsonian Institution, in consultation
with the Secretary, to carry out projects and activities described
in paragraph (2).
(2) ELIGIBLE USES.—Amounts allocated under paragraph
(1) may be obligated only—
(A) for transportation-related exhibitions, exhibits, and
educational outreach programs;
(B) to enhance the care and protection of the Nation’s
collection of transportation-related artifacts;
(C) to acquire historically significant transportationrelated artifacts; and
(D) to support research programs within the Smithsonian Institution that document the history and evolution
of transportation, in cooperation with other museums in
the United States.
(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) $1,000,000 for each of fiscal
years 1998 through 2003 to carry out this subsection.
(4) 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 or activity under this subsection shall be
100 percent and such funds shall remain available until
expended.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 205

(c) NEW RIVER VISITOR CENTER.—
(1) IN GENERAL.—The Secretary shall allocate to the Secretary of the Interior amounts made available by this subsection
for the planning, design, and construction of a visitor center,
and such other related facilities as may be necessary, to facilitate visitor understanding and enjoyment of the scenic, historic,
cultural, and recreational resources of the New River Gorge
National River in the State of West Virginia. The center and
related facilities shall be located at a site for which title is
held by the United States in the vicinity of the I–64 Sandstone
intersection.
(2) 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 subsection
$1,300,000 for fiscal year 1998, $1,200,000 for fiscal year 1999,
and $9,900,000 for fiscal year 2000.
(3) 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 such funds shall remain
available until expended.
(d) ADDITIONAL AUTHORIZATION OF CONTRACT AUTHORITY FOR
STATES WITH INDIAN RESERVATIONS.—
(1) AVAILABILITY TO STATES.—Not later than October 1
of each fiscal year, funds made available under paragraph
(5) for the fiscal year shall be made available by the Secretary,
in equal amounts, to each State that has within the boundaries
of the State all or part of an Indian reservation having a
land area of 10,000,000 acres or more.
(2) AVAILABILITY TO ELIGIBLE COUNTIES.—
(A) IN GENERAL.—Each fiscal year, each county that
is located in a State to which funds are made available
under paragraph (1), and that has in the county a public
road described in subparagraph (B), shall be eligible to
apply to the State for all or a portion of the funds made
available to the State under this subsection to be used
by the county to maintain such roads.
(B) ROADS.—A public road referred to in subparagraph
(A) is a public road that—
(i) is within, adjacent to, or provides access to
an Indian reservation described in paragraph (1);
(ii) is used by a school bus to transport children
to or from a school or Headstart program carried out
under the Head Start Act (42 U.S.C. 9831 et seq.);
and
(iii) is maintained by the county in which the
public road is located.
(C) ALLOCATION AMONG ELIGIBLE COUNTIES.—
(i) IN GENERAL.—Except as provided in clause (ii),
each State that receives funds under paragraph (1)
shall provide directly to each county that applies for
funds the amount that the county requests in the
application.
(ii) ALLOCATION AMONG ELIGIBLE COUNTIES.—If the
total amount of funds applied for under this subsection
by eligible counties in a State exceeds the amount
of funds available to the State, the State shall equitably

West Virginia.
16 USC
460m–29a note.

23 USC 202 note.

112 STAT. 206

16 USC 668dd
note.

16 USC 668dd
note.

PUBLIC LAW 105–178—JUNE 9, 1998

allocate the funds among the eligible counties that
apply for funds.
(3) SUPPLEMENTARY FUNDING.—For each fiscal year, the
Secretary shall ensure that funding made available under this
subsection supplements (and does not supplant)—
(A) any obligation of funds by the Bureau of Indian
Affairs for road maintenance programs on Indian reservations; and
(B) any funding provided by a State to a county for
road maintenance programs in the county.
(4) USE OF UNALLOCATED FUNDS.—Any portion of the funds
made available to a State under this subsection that is not
made available to counties within 1 year after the funds are
made available to the State shall be apportioned among the
States in accordance with section 104(b) of title 23, United
States Code.
(5) FUNDING.—
(A) IN GENERAL.—There is authorized to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection
$1,500,000 for each of fiscal years 1998 through 2003.
(B) CONTRACT AUTHORITY.—Funds authorized by this
subsection shall be available for obligation in the same
manner as if the funds were apportioned under chapter
1 of title 23, United States Code.
(e) NATIONAL DEFENSE HIGHWAYS OUTSIDE THE UNITED
STATES.—
(1) RECONSTRUCTION PROJECTS.—If the Secretary determines, after consultation with the Secretary of Defense, that
a highway, or a portion of a highway, located outside the
United States is important to the national defense, the Secretary may carry out a project for reconstruction of the highway
or portion of highway.
(2) FUNDING.—
(A) IN GENERAL.—For each of fiscal years 1998 through
2002, the Secretary may set aside not to exceed $18,800,000
from amounts to be apportioned under section 104(b)(4)
of title 23, United States Code, to carry out this section.
(B) AVAILABILITY.—Funds made available under
subparagraph (1) shall remain available until expended.
(f) SACHUEST POINT NATIONAL WILDLIFE REFUGE.—
(1) IN GENERAL.—The Secretary shall provide $200,000 for
fiscal year 1999 to the United States Fish and Wildlife Service
to resurface the entrance road to Sachuest Point National Wildlife Refuge.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $200,000 for fiscal year 1999.
(3) CONTRACT AUTHORITY.—Funds authorized by this subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
(g) RUNWAY REMOVAL AT NINIGRET NATIONAL WILDLIFE REFUGE.—
(1) IN GENERAL.—The Secretary shall provide $300,000 for
fiscal year 1999 to the United States Fish and Wildlife Service
to remove asphalt runways at Ninigret National Wildlife Refuge

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 207

and $5,000,000 shall be available to the State of Rhode Island
for improvements to the T.F. Green Intermodal Facility in
Rhode Island for each of fiscal years 1999 through 2003.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $5,300,000 for fiscal year 1999
and $5,000,000 for each of fiscal years 2000 through 2003.
(3) CONTRACT AUTHORITY.—Funds authorized by this subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
(h) MIDDLETOWN VISITOR CENTER.—
(1) IN GENERAL.—The Secretary shall provide $500,000 for
fiscal year 1999 to the United States Fish and Wildlife Service
for the Middletown visitor center at Sachuest Point National
Wildlife Refuge.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $500,000 for fiscal year 1999.
(3) CONTRACT AUTHORITY.—Funds authorized by this subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
(i) ENTRANCE PAVING AT NINIGRET NATIONAL WILDLIFE REFUGE.—
(1) IN GENERAL.—The Secretary shall provide $750,000 for
fiscal year 1999 to the United States Fish and Wildlife Service
to pave the entrance road to the Ninigret National Wildlife
Refuge.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $750,000 for fiscal year 1999.
(3) CONTRACT AUTHORITY.—Funds authorized by this subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
(j) EDUCATION CENTER.—
(1) IN GENERAL.—The Secretary shall provide $1,000,000
for each of fiscal years 1999 through 2003 to the United States
Fish and Wildlife Service for the education visitor center at
the Rhode Island National Wildlife Refuge complex.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $1,000,000 for each of fiscal years
1999 through 2003.
(3) CONTRACT AUTHORITY.—Funds authorized by this subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
(k) RICHMOND NATIONAL BATTLEFIELD PARK.—
(1) IN GENERAL.—The Secretary shall provide $1,000,000
for fiscal year 1999 to the National Park Service to revitalize
the Tredegar Iron Works to serve as a visitor center for Richmond National Battlefield Park.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $1,000,000 for fiscal year 1999.

16 USC 668dd
note.

16 USC 668dd
note.

16 USC 668dd
note.

112 STAT. 208

PUBLIC LAW 105–178—JUNE 9, 1998

(3) CONTRACT AUTHORITY.—Funds authorized by this subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
(l) ACCESS TO CORPS OF ENGINEERS.—
(1) IN GENERAL.—The Secretary shall provide $800,000 for
each of fiscal years 1999 through 2003 to the Corps of Engineers
to be made available to the State of Missouri for resurfacing
and maintenance of city and county roads that provide access
to Corps of Engineers reservoirs.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $800,000 for each of fiscal years
1999 through 2003.
(3) CONTRACT AUTHORITY.—Funds authorized by this subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
(m) CIVIL WAR BATTLEFIELD PLAN.—
(1) IN GENERAL.—The Secretary shall provide $250,000 for
each of fiscal years 1999 and 2000 to the Department of the
Interior to be made available to the Shenandoah Valley Battlefield National Historic District Commission for developing a
plan for the interpretation and protection of 10 Civil War
battlefields in the Shenandoah Valley.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
to carry out this subsection $250,000 for each of fiscal years
1999 and 2000.
(3) CONTRACT AUTHORITY.—Funds authorized by this subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
(n) DOT HEADQUARTERS FACILITY.—Before taking any action
that leads to Government ownership of the Department of Transportation headquarters facility, through construction or purchase, the
Administrator of General Services shall first seek approval of the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives.
(o) FORT PECK, MONTANA.—
(1) FORT PECK, MONTANA, VISITORS CENTER.—The Secretary
shall provide funds for the environmental review, planning,
design, and construction of a historical and cultural visitors
center and museum at Fort Peck, Montana.
(2) FUNDING.—There is authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
$3,000,000 for each of fiscal years 1999 and 2000.
(3) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—
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 such funds shall remain available until expended.
(p) BRIDGES ON NATCHEZ TRACE PARKWAY, MISSISSIPPI.—
(1) IN GENERAL.—The Secretary shall allocate to the State
of Mississippi amounts available by this subsection to be used
for replacement and widening of the box bridges on the Natchez

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 209

Trace Parkway at Old Canton Road and at Rice Road in Madison County, Mississippi.
(2) 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 subsection
$5,000,000 for fiscal year 1999.
(3) APPLICABILITY OF TITLE 23.—Funds authorized by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except that the funds shall remain available until expended.
(q) LOLO PASS VISITOR CENTER.—
(1) GRANTS.—The Secretary shall make grants for the Lolo
Pass Visitor Center in the State of Idaho.
(2) 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 subsection
$2,943,000 for fiscal year 1999.
(3) APPLICABILITY OF TITLE 23.—Funds authorized by this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except that the funds shall remain available until expended.
(r) PUERTO RICO HIGHWAY PROGRAM.—
(1) IN GENERAL.—The Secretary shall allocate funds authorized by section 1101(a)(15) for each of fiscal years 1998 through
2003 to the Commonwealth of Puerto Rico to carry out a highway program in such Commonwealth.
(2) APPLICABILITY OF TITLE 23.—Amounts made available
by section 1101(a)(15) of this Act shall be available for obligation in the same manner as if such funds were apportioned
under chapter 1 of title 23, United States Code. Such amounts
shall be subject to any limitation on obligations for Federalaid highway and highway safety construction programs.

Idaho.

SEC. 1215. DESIGNATED TRANSPORTATION ENHANCEMENT ACTIVITIES.

(a) GETTYSBURG, PENNSYLVANIA.—
(1) RESTORATION OF TRAIN STATION.—The Secretary shall
allocate amounts made available by this subsection for the
restoration of the Gettysburg, Pennsylvania, train station.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated out of the Highway Trust Fund (other
than the Mass Transit Account) $400,000 for each of fiscal
years 1998 and 1999 to carry out this subsection.
(3) APPLICABILITY OF TITLE 23.—Funds made available to
carry out 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 restoration of the train station
under this subsection shall be 80 percent and such funds shall
remain available until expended.
(b) CENTER.—
(1) ESTABLISHMENT.—The Secretary shall allocate funds
made available to carry out this subsection to establish a center
for national scenic byways in Duluth, Minnesota, to provide
technical communications and network support for nationally

Minnesota.

112 STAT. 210

West Virginia.

PUBLIC LAW 105–178—JUNE 9, 1998
designated scenic byway routes in accordance with paragraph
(2).
(2) COMMUNICATIONS SYSTEMS.—The center for national
scenic byways shall develop and implement communications
systems for the support of the national scenic byways program.
Such communications systems shall provide local officials and
planning groups associated with designated National Scenic
Byways or All-American Roads with proactive, technical, and
customized assistance through the latest technology that allows
scenic byway officials to develop and sustain their National
Scenic Byways or All-American Roads.
(3) 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 subsection
$1,500,000 for each of fiscal years 1998 through 2003.
(4) 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 100 percent
and such funds shall remain available until expended.
(c) COAL HERITAGE TRAIL.—
(1) IN GENERAL.—The Secretary shall make grants to the
State of West Virginia for the Coal Heritage Scenic Byway
for the purposes set forth in section 204(h) of title 23, United
States Code.
(2) 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
$2,000,000 for each of fiscal years 1999 through 2001.
(3) 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 funds shall remain
available until expended.
(d) TRAFFIC CALMING MEASURES.—
(1) IN GENERAL.—The Secretary shall provide $5,000,000
for fiscal year 1999 and $2,000,000 for each of fiscal years
2000 through 2003 to implement traffic calming measures in
Fauquier and Loudoun Counties, Virginia.
(2) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.
(e) PEDESTRIAN BRIDGE.—
(1) IN GENERAL.—The Secretary shall provide $1,000,000
for fiscal year 1999 for a pedestrian bridge over United States
Route 29 at Emmet Street in Charlottesville, Virginia.
(2) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.
(f) INTERPRETIVE CENTER.—
(1) IN GENERAL.—The Secretary shall provide $600,000 for
fiscal year 1999 for construction of the Virginia Blue Ridge
Parkway interpretive center located on the Roanoke River
Gorge in Virginia.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 211

(2) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.
(g) CHAIN OF ROCKS BRIDGE.—
(1) IN GENERAL.—The Secretary shall provide $2,000,000
for fiscal year 1999 for the renovation and preservation of
the Missouri Route 66 Chain of Rocks Bridge.
(2) APPLICABILITY OF TITLE 23.—Funds made available to
carry out this subsection shall be available for obligation in
the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.
(h) NOISE BARRIERS, DEKALB COUNTY, GEORGIA.—Notwithstanding any other provision of law, the Secretary shall approve
the construction of Type II noise barriers beginning on the west
side of Interstate Route 285 extending from Northlake Parkway
to Henderson Mill Road in Dekalb County, Georgia, from funds
apportioned under sections 104(b)(1) and 104(b)(3) of title 23, United
States Code.
SEC.

1216.

INNOVATIVE
METHODS.

SURFACE

TRANSPORTATION

FINANCING

(a) VALUE PRICING PILOT PROGRAM.—
(1) IN GENERAL.—Section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note;
105 Stat. 1938) is amended—
(A) in the subsection heading by striking ‘‘CONGESTION’’
and inserting ‘‘VALUE’’;
(B) in paragraph (1)—
(i) by striking ‘‘congestion’’ each place it appears
and inserting ‘‘value’’; and
(ii) by striking ‘‘projects’’ each place it appears
and inserting ‘‘programs’’; and
(C) in paragraph (5)—
(i) by striking ‘‘projects’’ and inserting ‘‘programs’’;
and
(ii) by striking ‘‘traffic, volume’’ and inserting ‘‘traffic volume’’.
(2) INCREASED NUMBER OF PROJECTS.—Section 1012(b)(1)
of such Act is amended in the second sentence by striking
‘‘5’’ and inserting ‘‘15’’.
(3) ELIGIBILITY OF PREIMPLEMENTATION COSTS.—Section
1012(b)(2) of such Act is amended in the second sentence—
(A) by inserting after ‘‘Secretary shall fund’’ the following: ‘‘all preimplementation costs and project design, and’’;
and
(B) by inserting after ‘‘Secretary may not fund’’ the
following: ‘‘the preimplementation or implementation costs
of’’.
(4) TOLLING.—Section 1012(b)(4) of such Act is amended
by striking ‘‘a pilot program under this section, but not on
more than 3 of such programs’’ and inserting ‘‘any value pricing
pilot program under this subsection’’.
(5) HOV PASSENGER REQUIREMENTS.—Section 1012(b) of
such Act is amended by striking paragraph (6) and inserting
the following:

112 STAT. 212

23 USC 149 note.

23 USC 129 note.

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(6) HOV PASSENGER REQUIREMENTS.—Notwithstanding
section 146(c) of title 23, United States Code, a State may
permit vehicles with fewer than 2 occupants to operate in
high occupancy vehicle lanes if the vehicles are part of a value
pricing pilot program under this subsection.’’.
(6) FINANCIAL EFFECTS ON LOW-INCOME DRIVERS.—Section
1012(b) of such Act is amended by adding at the end the
following:
‘‘(7) FINANCIAL EFFECTS ON LOW-INCOME DRIVERS.—Any
value pricing pilot program under this subsection shall include,
if appropriate, an analysis of the potential effects of the pilot
program on low-income drivers and may include mitigation
measures to deal with any potential adverse financial effects
on low-income drivers.’’.
(7) FUNDING.—Section 1012(b) of such Act (as amended
by paragraph (6)) is amended by adding at the end the following:
‘‘(8) FUNDING.—
‘‘(A) IN GENERAL.—There is authorized to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this subsection
$8,000,000 for each of fiscal years 1998 through 2003.
‘‘(B) AVAILABILITY.—Funds allocated by the Secretary
to a State under this subsection shall remain available
for obligation by the State for a period of 3 years after
the last day of the fiscal year for which the funds are
authorized.
‘‘(C) USE OF UNALLOCATED FUNDS.—If the total amount
of funds made available from the Highway Trust Fund
under this subsection for fiscal year 1998 and fiscal years
thereafter but not allocated exceeds $8,000,000 as of
September 30 of any year, the excess amount—
‘‘(i) shall be apportioned in the following fiscal
year by the Secretary to all States in accordance with
section 104(b)(3) of title 23, United States Code;
‘‘(ii) shall be considered to be a sum made available
for expenditure on the surface transportation program,
except that the amount shall not be subject to section
133(d) of such title; and
‘‘(iii) shall be available for any purpose eligible
for funding under section 133 of such title.
‘‘(D) CONTRACT AUTHORITY.—Funds authorized under
this paragraph shall be available for obligation in the same
manner as if the funds were apportioned under chapter
1 of title 23, United States Code; except that the Federal
share of the cost of any project under this subsection and
the availability of funds authorized by this paragraph shall
be determined in accordance with this subsection.’’.
(b) INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION
PILOT PROGRAM.—
(1) ESTABLISHMENT.—The Secretary shall establish and
implement an Interstate System reconstruction and rehabilitation pilot program under which the Secretary, notwithstanding
sections 129 and 301 of title 23, United States Code, may
permit a State to collect tolls on a highway, bridge, or tunnel
on the Interstate System for the purpose of reconstructing
and rehabilitating Interstate highway corridors that could not

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 213

otherwise be adequately maintained or functionally improved
without the collection of tolls.
(2) LIMITATION ON NUMBER OF FACILITIES.—The Secretary
may permit the collection of tolls under this subsection on
3 facilities on the Interstate System. Each of such facilities
shall be located in a different State.
(3) ELIGIBILITY.—To be eligible to participate in the pilot
program, a State shall submit to the Secretary an application
that contains, at a minimum, the following:
(A) An identification of the facility on the Interstate
System proposed to be a toll facility, including the age,
condition, and intensity of use of the facility.
(B) In the case of a facility that affects a metropolitan
area, an assurance that the metropolitan planning
organization established under section 134 of title 23,
United States Code, for the area has been consulted
concerning the placement and amount of tolls on the facility.
(C) An analysis demonstrating that the facility could
not be maintained or improved to meet current or future
needs from the State’s apportionments and allocations
made available by this Act (including amendments made
by this Act) and from revenues for highways from any
other source without toll revenues.
(D) A facility management plan that includes—
(i) a plan for implementing the imposition of tolls
on the facility;
(ii) a schedule and finance plan for the reconstruction or rehabilitation of the facility using toll revenues;
(iii) a description of the public transportation
agency that will be responsible for implementation and
administration of the pilot program;
(iv) a description of whether consideration will be
given to privatizing the maintenance and operational
aspects of the facility, while retaining legal and
administrative control of the portion of the Interstate
route; and
(v) such other information as the Secretary may
require.
(4) SELECTION CRITERIA.—The Secretary may approve the
application of a State under paragraph (3) only if the Secretary
determines that—
(A) the State is unable to reconstruct or rehabilitate
the proposed toll facility using existing apportionments;
(B) the facility has a sufficient intensity of use, age,
or condition to warrant the collection of tolls;
(C) the State plan for implementing tolls on the facility
takes into account the interests of local, regional, and interstate travelers;
(D) the State plan for reconstruction or rehabilitation
of the facility using toll revenues is reasonable; and
(E) the State has given preference to the use of a
public toll agency with demonstrated capability to build,
operate, and maintain a toll expressway system meeting
criteria for the Interstate System.

112 STAT. 214
Contracts.

PUBLIC LAW 105–178—JUNE 9, 1998
(5) LIMITATIONS ON USE OF REVENUES; AUDITS.—Before the
Secretary may permit a State to participate in the pilot program, the State must enter into an agreement with the Secretary that provides that—
(A) all toll revenues received from operation of the
toll facility will be used only for—
(i) debt service;
(ii) reasonable return on investment of any private
person financing the project; and
(iii) any costs necessary for the improvement of
and the proper operation and maintenance of the toll
facility, including reconstruction, resurfacing, restoration, and rehabilitation of the toll facility; and
(B) regular audits will be conducted to ensure compliance with subparagraph (A) and the results of such audits
will be transmitted to the Secretary.
(6) LIMITATION ON USE OF INTERSTATE MAINTENANCE
FUNDS.—During the term of the pilot program, funds apportioned for Interstate maintenance under section 104(b)(4) of
title 23, United States Code, may not be used on a facility
for which tolls are being collected under the program.
(7) PROGRAM TERM.—The Secretary shall conduct the pilot
program under this subsection for a term to be determined
by the Secretary, but not less than 10 years.
(8) INTERSTATE SYSTEM DEFINED.—In this subsection, the
term ‘‘Interstate System’’ has the meaning such term has under
section 101 of title 23, United States Code.

SEC. 1217. ELIGIBILITY.

(a) SAN MATEO COUNTY, CALIFORNIA.—Notwithstanding any
other provision of law, a project to repair or reconstruct any portion
of a Federal-aid primary route in San Mateo County, California,
that—
(1) was destroyed as a result of a combination of storms
in the winter of 1982–1983 and a mountain slide; and
(2) until its destruction, served as the only reasonable
access route between 2 cities and as the designated emergency
evacuation route of 1 of the cities;
shall be eligible for assistance under section 125(a) of title 23,
United States Code, if the project complies with the local coastal
plan.
(b) AMBASSADOR BRIDGE ACCESS, DETROIT, MICHIGAN.—
(1) IN GENERAL.—Notwithstanding section 129 of title 23,
United States Code, or any other provision of law, improvements to access roads and construction of access roads,
approaches, and related facilities (such as signs, lights, and
signals) necessary to connect the Ambassador Bridge in Detroit,
Michigan, to the Interstate System shall be eligible for funds
apportioned under paragraphs (1) and (3) of section 104(b)
of such title.
(2) USE OF FUNDS.—Funds described in paragraph (1) shall
not be used for any improvement to, or construction of, the
bridge itself.
(c) CUYAHOGA RIVER BRIDGE, OHIO.—Notwithstanding any
other provision of law, a project to construct a new bridge over
the Cuyahoga River in Cleveland, Ohio, shall be eligible for funds
apportioned under section 104(b)(3) of such title.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 215

(d) CONNECTICUT.—In fiscal year 1998, the State of Connecticut
may transfer any funds remaining available for obligation under
section 104(b)(4) of title 23, United States Code, as in effect on
the day before the date of the enactment of this Act, for construction
of the Interstate System to any other program eligible for assistance
under chapter 1 of such title. Before making any distribution of
the obligation limitation under section 1102(c)(6) of this Act, the
Secretary shall make available to the State of Connecticut sufficient
obligation authority under section 1102(c) of this Act to obligate
funds available for transfer under this subsection.
(e) INTERNATIONAL BRIDGE, SAULT STE. MARIE, MICHIGAN.—
The International Bridge Authority, or its successor organization,
shall be permitted to continue collecting tolls for maintenance of,
operation of, capital improvements to, and future expansions to
the International Bridge, Sault Ste. Marie, Michigan, and its
approaches, plaza areas, and associated structures.
(f) INFORMATION SERVICES.—A food business that would otherwise be eligible to display a mainline business logo on a specific
service food sign described in section 2G–5.7(4) of part IIG of
the 1988 edition of the Manual on Uniform Traffic Control Devices
for Streets and Highways under the requirements specified in that
section, but for the fact that the business is open 6 days a week,
cannot be prohibited from inclusion on such a food sign.
(g) CONTINUANCE OF COMMERCIAL OPERATIONS AT CERTAIN
SERVICE PLAZAS IN THE STATE OF MARYLAND.—
(1) WAIVER.—Notwithstanding section 111 of title 23,
United States Code, and the agreements described in paragraph
(2), at the request of the Maryland Transportation Authority,
the Secretary shall allow the continuance of commercial operations at the service plazas on the John F. Kennedy Memorial
Highway on Interstate Route 95.
(2) AGREEMENTS.—The agreements referred to in paragraph (1) are agreements between the Department of Transportation of the State of Maryland and the Federal Highway
Administration concerning the highway described in paragraph
(1).
(h) WELCOME CENTER PILOT PROJECT.—
(1) IN GENERAL.—The Secretary shall permit the State
of Georgia to conduct a pilot project to acquire, construct,
operate, and maintain a demonstration safety rest area and
information center along Interstate Route 75 in Cobb County,
Georgia, in accordance with paragraph (2).
(2) INFORMATION CENTER AND SYSTEM.—The center may
provide goods and information that is of interest to the traveling
public, including commercial advertising and media displays,
if such advertising and displays are—
(A) exhibited solely within any facility constructed in
the rest area; and
(B) not legible from the main traveled way.
(3) REPORT TO CONGRESS.—Not later than 2 years after
the date of enactment of this Act, the Secretary shall submit
to Congress a report on the results of the pilot project.
(i) SOUTHERN CALIFORNIA.—Notwithstanding section 120(l)(1)
of title 23, United States Code—
(1) private entity expenditures to construct the SR–91 toll
road located in Orange County, California, from SR–55 to the

Georgia.

112 STAT. 216

PUBLIC LAW 105–178—JUNE 9, 1998

Riverside County line may be credited toward the State matching share for any Federal-aid project beginning construction
after the SR–91 toll road was opened to traffic; and
(2) private expenditures for the future SR–125 toll road
in San Diego County, California, from SR–905 to San Miguel
Road may be credited against the State match share for Federal-aid highway projects beginning after SR–125 is opened
to traffic.
(j) TOLLS ON PENNSYLVANIA TURNPIKE.—Notwithstanding any
other provision of law, no tolls shall be collected during the 6year period beginning on the date of enactment of this Act on
the Pennsylvania Turnpike for travel either entering Bedford and
exiting Breezewood, Pennsylvania, or entering Breezewood and
exiting Bedford.
(k) VICKSBURG AND JACKSON, MISSISSIPPI.—Notwithstanding
any other provision of this Act, funds authorized by this Act (including amendments made by this Act) for transportation projects in
the State of Mississippi may be used for the purpose of constructing,
reconstructing, or rehabilitating rail lines in the vicinity of Vicksburg and Jackson, Mississippi.
SEC. 1218. MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY
DEPLOYMENT PROGRAM.

(a) IN GENERAL.—Chapter 3 of title 23, United States Code,
is amended by inserting after section 321 the following:
‘‘§ 322. Magnetic levitation transportation technology deployment program
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) ELIGIBLE PROJECT COSTS.—The term ‘eligible project
costs’—
‘‘(A) means the capital cost of the fixed guideway infrastructure of a MAGLEV project, including land, piers,
guideways, propulsion equipment and other components
attached to guideways, power distribution facilities (including substations), control and communications facilities,
access roads, and storage, repair, and maintenance facilities, but not including costs incurred for a new station;
and
‘‘(B) includes the costs of preconstruction planning
activities.
‘‘(2) FULL PROJECT COSTS.—The term ‘full project costs’
means the total capital costs of a MAGLEV project, including
eligible project costs and the costs of stations, vehicles, and
equipment.
‘‘(3) MAGLEV.—The term ‘MAGLEV’ means transportation
systems employing magnetic levitation that would be capable
of safe use by the public at a speed in excess of 240 miles
per hour or under 50 miles per hour.
‘‘(4) PARTNERSHIP POTENTIAL.—The term ‘partnership
potential’ has the meaning given the term in the commercial
feasibility study of high-speed ground transportation conducted
under section 1036 of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1978).
‘‘(b) FINANCIAL ASSISTANCE.—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 217

‘‘(1) IN GENERAL.—The Secretary shall make available
financial assistance to pay the Federal share of full project
costs of eligible projects selected under this section. Financial
assistance made available under this section and projects
assisted with the assistance shall be subject to section 5333(a)
of title 49, United States Code.
‘‘(2) FEDERAL SHARE.—The Federal share of full project
costs under paragraph (1) shall be not more than 2⁄3.
‘‘(3) USE OF ASSISTANCE.—Financial assistance provided
under paragraph (1) shall be used only to pay eligible project
costs of projects selected under this section.
‘‘(c) SOLICITATION OF APPLICATIONS FOR ASSISTANCE.—Not later
than 180 days after the date of enactment of this subsection, the
Secretary shall solicit applications from States, or authorities designated by 1 or more States, for financial assistance authorized
by subsection (b) for planning, design, and construction of eligible
MAGLEV projects.
‘‘(d) PROJECT ELIGIBILITY.—To be eligible to receive financial
assistance under subsection (b), a project shall—
‘‘(1) involve a segment or segments of a high-speed or
low-speed ground transportation corridor that exhibit partnership potential;
‘‘(2) require an amount of Federal funds for project financing that will not exceed the sum of—
‘‘(A) the amounts made available under subsection
(h)(1)(A); and
‘‘(B) the amounts made available by States under subsection (h)(4);
‘‘(3) result in an operating transportation facility that provides a revenue producing service;
‘‘(4) be undertaken through a public and private partnership, with at least 1⁄3 of full project costs paid using nonFederal funds;
‘‘(5) satisfy applicable statewide and metropolitan planning
requirements;
‘‘(6) be approved by the Secretary based on an application
submitted to the Secretary by a State or authority designated
by 1 or more States;
‘‘(7) to the extent that non-United States MAGLEV technology is used within the United States, be carried out as
a technology transfer project; and
‘‘(8) be carried out using materials at least 70 percent
of which are manufactured in the United States.
‘‘(e) PROJECT SELECTION CRITERIA.—Prior to soliciting applications, the Secretary shall establish criteria for selecting which
eligible projects under subsection (d) will receive financial assistance
under subsection (b). The criteria shall include the extent to which—
‘‘(1) a project is nationally significant, including the extent
to which the project will demonstrate the feasibility of deployment of MAGLEV technology throughout the United States;
‘‘(2) timely implementation of the project will reduce congestion in other modes of transportation and reduce the need
for additional highway or airport construction;
‘‘(3) States, regions, and localities financially contribute
to the project;
‘‘(4) implementation of the project will create new jobs
in traditional and emerging industries;

112 STAT. 218

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(5) the project will augment MAGLEV networks identified
as having partnership potential;
‘‘(6) financial assistance would foster public and private
partnerships for infrastructure development and attract private
debt or equity investment;
‘‘(7) financial assistance would foster the timely
implementation of a project; and
‘‘(8) life-cycle costs in design and engineering are considered
and enhanced.
‘‘(f) PROJECT SELECTION.—
‘‘(1) PRECONSTRUCTION PLANNING ACTIVITIES.—Not later
than 90 days after a deadline established by the Secretary
for the receipt of applications, the Secretary shall evaluate
the eligible projects in accordance with the selection criteria
and select 1 or more eligible projects to receive financial assistance for preconstruction planning activities, including—
‘‘(A) preparation of such feasibility studies, major
investment studies, and environmental impact statements
and assessments as are required under State law;
‘‘(B) pricing of the final design, engineering, and
construction activities proposed to be assisted under paragraph (2); and
‘‘(C) such other activities as are necessary to provide
the Secretary with sufficient information to evaluate
whether a project should receive financial assistance for
final design, engineering, and construction activities under
paragraph (2).
‘‘(2) FINAL DESIGN, ENGINEERING, AND CONSTRUCTION
ACTIVITIES.—After completion of preconstruction planning
activities for all projects assisted under paragraph (1), the
Secretary shall select 1 of the projects to receive financial
assistance for final design, engineering, and construction activities.
‘‘(g) JOINT VENTURES.—A project undertaken by a joint venture
of United States and non-United States persons (including a project
involving the deployment of non-United States MAGLEV technology
in the United States) shall be eligible for financial assistance under
this section if the project is eligible under subsection (d) and selected
under subsection (f).
‘‘(h) FUNDING.—
‘‘(1) IN GENERAL.—
‘‘(A) CONTRACT AUTHORITY; AUTHORIZATION OF APPROPRIATIONS.—
‘‘(i) IN GENERAL.—There is authorized to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section
$15,000,000 for fiscal year 1999, $20,000,000 for fiscal
year 2000, and $25,000,000 for fiscal year 2001.
‘‘(ii) CONTRACT AUTHORITY.—Funds authorized by
this subparagraph shall be available for obligation in
the same manner as if the funds were apportioned
under chapter 1, except that—
‘‘(I) the Federal share of the cost of a project
carried out under this section shall be determined
in accordance with subsection (b); and
‘‘(II) the availability of the funds shall be
determined in accordance with paragraph (2).

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 219

‘‘(B) NONCONTRACT AUTHORITY AUTHORIZATION OF
APPROPRIATIONS.—
‘‘(i) IN GENERAL.—There are authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) to carry out this section
$200,000,000 for each of fiscal years 2000 and 2001,
$250,000,000 for fiscal year 2002, and $300,000,000
for fiscal year 2003.
‘‘(ii)
AVAILABILITY.—Notwithstanding
section
118(a), funds made available under clause (i) shall
not be available in advance of an annual appropriation.
‘‘(2) AVAILABILITY OF FUNDS.—Funds made available under
paragraph (1) shall remain available until expended.
‘‘(3) OTHER FEDERAL FUNDS.—Notwithstanding any other
provision of law, funds made available to a State to carry
out the surface transportation program under section 133 and
the congestion mitigation and air quality improvement program
under section 149 may be used by the State to pay a portion
of the full project costs of an eligible project selected under
this section, without requirement for non-Federal funds.
‘‘(4) OTHER ASSISTANCE.—Notwithstanding any other provision of law, an eligible project selected under this section shall
be eligible for other forms of financial assistance provided under
this title and the Transportation Equity Act for the 21st Century, including loans, loan guarantees, and lines of credit.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of
title 23, United States Code, is amended by inserting after the
item relating to section 321 the following:
‘‘322. Magnetic levitation transportation technology deployment program.’’.
SEC. 1219. NATIONAL SCENIC BYWAYS PROGRAM.

(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
‘‘§ 162. National scenic byways program
‘‘(a) DESIGNATION OF ROADS.—
‘‘(1) IN GENERAL.—The Secretary shall carry out a national
scenic byways program that recognizes roads having outstanding scenic, historic, cultural, natural, recreational, and
archaeological qualities by designating the roads as National
Scenic Byways or All-American Roads.
‘‘(2) CRITERIA.—The Secretary shall designate roads to be
recognized under the national scenic byways program in accordance with criteria developed by the Secretary.
‘‘(3) NOMINATION.—To be considered for the designation,
a road must be nominated by a State or a Federal land management agency and must first be designated as a State scenic
byway or, in the case of a road on Federal land, as a Federal
land management agency byway.
‘‘(b) GRANTS AND TECHNICAL ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary shall make grants and
provide technical assistance to States to—
‘‘(A) implement projects on highways designated as
National Scenic Byways or All-American Roads, or as State
scenic byways; and
‘‘(B) plan, design, and develop a State scenic byway
program.

112 STAT. 220

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(2) PRIORITIES.—In making grants, the Secretary shall
give priority to—
‘‘(A) each eligible project that is associated with a
highway that has been designated as a National Scenic
Byway or All-American Road and that is consistent with
the corridor management plan for the byway;
‘‘(B) each eligible project along a State-designated scenic byway that is consistent with the corridor management
plan for the byway, or is intended to foster the development
of such a plan, and is carried out to make the byway
eligible for designation as a National Scenic Byway or
All-American Road; and
‘‘(C) each eligible project that is associated with the
development of a State scenic byway program.
‘‘(c) ELIGIBLE PROJECTS.—The following are projects that are
eligible for Federal assistance under this section:
‘‘(1) An activity related to the planning, design, or development of a State scenic byway program.
‘‘(2) Development and implementation of a corridor management plan to maintain the scenic, historical, recreational, cultural, natural, and archaeological characteristics of a byway
corridor while providing for accommodation of increased tourism
and development of related amenities.
‘‘(3) Safety improvements to a State scenic byway, National
Scenic Byway, or All-American Road to the extent that the
improvements are necessary to accommodate increased traffic
and changes in the types of vehicles using the highway as
a result of the designation as a State scenic byway, National
Scenic Byway, or All-American Road.
‘‘(4) Construction along a scenic byway of a facility for
pedestrians and bicyclists, rest area, turnout, highway shoulder
improvement, passing lane, overlook, or interpretive facility.
‘‘(5) An improvement to a scenic byway that will enhance
access to an area for the purpose of recreation, including waterrelated recreation.
‘‘(6) Protection of scenic, historical, recreational, cultural,
natural, and archaeological resources in an area adjacent to
a scenic byway.
‘‘(7) Development and provision of tourist information to
the public, including interpretive information about a scenic
byway.
‘‘(8) Development and implementation of a scenic byway
marketing program.
‘‘(d) LIMITATION.—The Secretary shall not make a grant under
this section for any project that would not protect the scenic, historical, recreational, cultural, natural, and archaeological integrity of
a highway and adjacent areas.
‘‘(e) SAVINGS CLAUSE.—The Secretary shall not withhold any
grant or impose any requirement on a State as a condition of
providing a grant or technical assistance for any scenic byway
unless the requirement is consistent with the authority provided
in this chapter.
‘‘(f) FEDERAL SHARE.—The Federal share of the cost of carrying
out a project under this section shall be 80 percent, except that,
in the case of any scenic byway project along a public road that
provides access to or within Federal or Indian land, a Federal

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 221

land management agency may use funds authorized for use by
the agency as the non-Federal share.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
such title is amended by adding at the end the following:
‘‘162. National scenic byways program.’’.
SEC. 1220. ELIMINATION OF REGIONAL OFFICE RESPONSIBILITIES.

49 USC 104 note.

(a) IN GENERAL.—
(1) ELIMINATION.—The Secretary shall eliminate any programmatic decisionmaking responsibility of the regional offices
of the Federal Highway Administration for the Federal-aid
highway program as part of the Administration’s efforts to
restructure its field organization.
(2) ACTIVITIES.—In carrying out paragraph (1), the Secretary shall eliminate regional offices, create technical resource
centers, and, to the maximum extent practicable, delegate
authority to State offices of the Federal Highway Administration.
(b) PREFERENCE.—In locating the technical resource centers,
the Secretary shall give preference to cities that house, on the
date of enactment of this Act, the Federal Highway Administration
regional offices and are in locations that minimize the travel distance between the technical resource centers and the Federal Highway Administration division offices that will be served by the new
technical resource centers.
(c) REPORT TO CONGRESS.—The Secretary shall transmit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a detailed implementation plan to carry out
this section not later than September 30, 1998, and thereafter
provide periodic progress reports on carrying out this section to
such Committees.
(d) IMPLEMENTATION.—The Secretary shall begin implementation of the plan transmitted under subsection (c) not later than
December 31, 1998.
SEC.

1221.

TRANSPORTATION AND COMMUNITY
PRESERVATION PILOT PROGRAM.

AND

SYSTEM

(a) ESTABLISHMENT.—In cooperation with appropriate State,
regional, and local governments, the Secretary shall establish a
comprehensive initiative to investigate and address the relationships between transportation and community and system preservation and identify private sector-based initiatives.
(b) RESEARCH.—
(1) IN GENERAL.—In cooperation with appropriate Federal
agencies, State, regional, and local governments, and other
entities eligible for assistance under subsection (d), the Secretary shall carry out a comprehensive research program to
investigate the relationships between transportation, community preservation, and the environment and the role of the
private sector in shaping such relationships.
(2) REQUIRED ELEMENTS.—The program shall provide for
monitoring and analysis of projects carried out with funds
made available to carry out subsections (c) and (d).
(c) PLANNING.—
(1) IN GENERAL.—The Secretary shall allocate funds made
available to carry out this subsection to States, metropolitan

23 USC 101 note.

112 STAT. 222

PUBLIC LAW 105–178—JUNE 9, 1998
planning organizations, and local governments to plan, develop,
and implement strategies to integrate transportation and
community and system preservation plans and practices.
(2) PURPOSES.—The purposes of the allocations shall be—
(A) to improve the efficiency of the transportation
system;
(B) to reduce the impacts of transportation on the
environment;
(C) to reduce the need for costly future investments
in public infrastructure;
(D) to provide efficient access to jobs, services, and
centers of trade; and
(E) to examine development patterns and identify
strategies to encourage private sector development patterns
which achieve the goals identified in subparagraphs (A)
through (D).
(3) CRITERIA.—In allocating funds made available to carry
out this subsection, the Secretary shall give priority to
applicants that—
(A) propose projects for funding that address the purposes described in paragraph (2); and
(B) demonstrate a commitment of non-Federal
resources to the proposed projects.
(4) ADDITIONAL CRITERIA.—In addition, the Secretary shall
give consideration to applicants that demonstrate a commitment to public and private involvement, including involvement
of nontraditional partners in the project team.
(d) ALLOCATION OF FUNDS FOR IMPLEMENTATION.—
(1) IN GENERAL.—The Secretary shall allocate funds made
available to carry out this subsection to States, metropolitan
planning organizations, and local governments to carry out
projects to address transportation efficiency and community
and system preservation.
(2) CRITERIA.—In allocating funds made available to carry
out this subsection, the Secretary shall give priority to
applicants that—
(A) have instituted preservation or development plans
and programs that—
(i) meet the requirements of title 23 and chapter
53 of title 49, United States Code; and
(ii)(I) are coordinated with State and local adopted
preservation or development plans;
(II) are intended to promote cost-effective and
strategic investments in transportation infrastructure
that minimize adverse impacts on the environment;
or
(III) are intended to promote innovative private
sector strategies.
(B) have instituted other policies to integrate transportation and community and system preservation practices,
such as—
(i) spending policies that direct funds to highgrowth areas;
(ii) urban growth boundaries to guide metropolitan
expansion;

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 223

(iii) ‘‘green corridors’’ programs that provide access
to major highway corridors for areas targeted for efficient and compact development; or
(iv) other similar programs or policies as determined by the Secretary;
(C) have preservation or development policies that
include a mechanism for reducing potential impacts of
transportation activities on the environment;
(D) examine ways to encourage private sector investments that address the purposes of this section; and
(E) propose projects for funding that address the purposes described in subsection (c)(2).
(3) EQUITABLE DISTRIBUTION.—In allocating funds to carry
out this subsection, the Secretary shall ensure the equitable
distribution of funds to a diversity of populations and
geographic regions.
(4) USE OF ALLOCATED FUNDS.—
(A) IN GENERAL.—An allocation of funds made available
to carry out this subsection shall be used by the recipient
to implement the projects proposed in the application to
the Secretary.
(B) TYPES OF PROJECTS.—The allocation of funds shall
be available for obligation for—
(i) any project eligible for funding under title 23
or chapter 53 of title 49, United States Code; or
(ii) any other activity relating to transportation
and community and system preservation that the Secretary determines to be appropriate, including corridor
preservation activities that are necessary to implement—
(I) transit-oriented development plans;
(II) traffic calming measures; or
(III) other coordinated transportation and
community and system preservation practices.
(e) FUNDING.—
(1) IN GENERAL.—There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $20,000,000 for fiscal year
1999 and $25,000,000 for each of fiscal years 2000 through
2003.
(2) CONTRACT AUTHORITY.—Funds authorized under this
subsection shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.
SEC. 1222. ADDITIONS TO APPALACHIAN REGION.

(a) IN GENERAL.—Section 403 of the Appalachian Regional
Development Act of 1965 (40 U.S.C. App.) is amended—
(1) in the undesignated paragraph relating to Alabama—
(A) by inserting ‘‘Hale,’’ after ‘‘Franklin,’’; and
(B) by inserting ‘‘Macon,’’ after ‘‘Limestone,’’;
(2) in the undesignated paragraph relating to Georgia—
(A) by inserting ‘‘Elbert,’’ after ‘‘Douglas,’’; and
(B) by inserting ‘‘Hart,’’ after ‘‘Haralson,’’;
(3) in the undesignated paragraph relating to Mississippi
by striking ‘‘and Winston’’ and inserting ‘‘Winston, and
Yalobusha’’; and

40 USC app. 403.

112 STAT. 224

40 USC app. 405
and note.

23 USC 101 note.

PUBLIC LAW 105–178—JUNE 9, 1998

(4) in the undesignated paragraph relating to Virginia—
(A) by inserting ‘‘Montgomery,’’ after ‘‘Lee,’’; and
(B) by inserting ‘‘Rockbridge,’’ after ‘‘Pulaski,’’.
(b) TECHNICAL AMENDMENT.—Section 405 of such Act is
amended by striking ‘‘section 201’’ and inserting ‘‘sections 201 and
403’’. This amendment ensures that section 403 is still in effect.
SEC. 1223. TRANSPORTATION ASSISTANCE FOR OLYMPIC CITIES.

(a) PURPOSE.—The purpose of this section is to authorize the
provision of assistance for, and support of, State and local efforts
concerning surface transportation issues necessary to obtain the
national recognition and economic benefits of participation in the
International Olympic movement, the International Paralympic
movement, and the Special Olympics International movement by
hosting international quadrennial Olympic and Paralympic events,
and Special Olympics International events, in the United States.
(b) PRIORITY FOR TRANSPORTATION PROJECTS RELATING TO
OLYMPIC, PARALYMPIC, AND SPECIAL OLYMPIC EVENTS.—Notwithstanding any other provision of law, from funds available to carry
out sections 118(c) and 144(g)(1) of title 23, United States Code,
the Secretary may give priority to funding for a transportation
project relating to an international quadrennial Olympic or
Paralympic event, or a Special Olympics International event, if—
(1) the project meets the extraordinary needs associated
with an international quadrennial Olympic or Paralympic event
or a Special Olympics International event; and
(2) the project is otherwise eligible for assistance under
sections 118(c) and 144(g)(1) of such title.
(c) TRANSPORTATION PLANNING ACTIVITIES.—The Secretary may
participate in—
(1) planning activities of States and metropolitan planning
organizations and transportation projects relating to an international quadrennial Olympic or Paralympic event, or a Special
Olympics International event, under sections 134 and 135 of
title 23, United States Code; and
(2) developing intermodal transportation plans necessary
for the projects in coordination with State and local transportation agencies.
(d) FUNDING.—Notwithstanding section 5001(a), from funds
made available under such section, the Secretary may provide
assistance for the development of an Olympic, a Paralympic, and
a Special Olympics transportation management plan in cooperation
with an Olympic Organizing Committee responsible for hosting,
and State and local communities affected by, an international
quadrennial Olympic or Paralympic event or a Special Olympics
International event.
(e) TRANSPORTATION PROJECTS RELATING TO OLYMPIC,
PARALYMPIC, AND SPECIAL OLYMPIC EVENTS.—
(1) IN GENERAL.—The Secretary may provide assistance,
including planning, capital, and operating assistance, to States
and local governments in carrying out transportation projects
relating to an international quadrennial Olympic or Paralympic
event or a Special Olympics International event.
(2) FEDERAL SHARE.—The Federal share of the cost of a
project assisted under this subsection shall not exceed 80 percent.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 225

(f) ELIGIBLE GOVERNMENTS.—A State or local government shall
be eligible to receive assistance under this section only if the government is hosting a venue that is part of an international quadrennial
Olympics that is officially selected by the International Olympic
Committee.
(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated from the Highway Trust Fund (other than the
Mass Transit Account) to carry out this section such sums as
are necessary for each of fiscal years 1998 through 2003.

Subtitle C—Program Streamlining and
Flexibility
SEC. 1301. REAL PROPERTY ACQUISITION AND CORRIDOR PRESERVATION.

(a) ADVANCE ACQUISITION OF REAL PROPERTY.—Section 108
of title 23, United States Code, is amended by striking the section
heading and subsection (a) and inserting the following:
‘‘§ 108. Advance acquisition of real property
‘‘(a) IN GENERAL.—
‘‘(1) AVAILABILITY OF FUNDS.—For the purpose of facilitating the timely and economical acquisition of real property for
a transportation improvement eligible for funding under this
title, the Secretary, upon the request of a State, may make
available, for the acquisition of real property, such funds apportioned to the State as may be expended on the transportation
improvement, under such rules and regulations as the Secretary
may issue.
‘‘(2) CONSTRUCTION.—The agreement between the Secretary
and the State for the reimbursement of the cost of the real
property shall provide for the actual construction of the
transportation improvement within a period not to exceed 20
years following the fiscal year for which the request is made,
unless the Secretary determines that a longer period is reasonable.’’.
(b) CREDIT FOR ACQUIRED LANDS.—Section 323(b) of such title
is amended—
(1) in the subsection heading, by striking ‘‘DONATED’’ and
inserting ‘‘ACQUIRED’’;
(2) by striking paragraphs (1) and (2) and inserting the
following:
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
this title, the State share of the cost of a project with respect
to which Federal assistance is provided from the Highway
Trust Fund (other than the Mass Transit Account) may be
credited in an amount equal to the fair market value of any
land that—
‘‘(A) is lawfully obtained by the State or a unit of
local government in the State;
‘‘(B) is incorporated into the project;
‘‘(C) is not land described in section 138; and
‘‘(D) the Secretary determines will not influence the
environmental assessment of the project, including—
‘‘(i) the decision as to the need to construct the
project;

112 STAT. 226

23 USC 323.

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(ii) the consideration of alternatives; and
‘‘(iii) the selection of a specific location.
‘‘(2) ESTABLISHMENT OF FAIR MARKET VALUE.—The fair market value of land incorporated into a project and credited under
paragraph (1) shall be established in the manner determined
by the Secretary, except that—
‘‘(A) the fair market value shall not include any
increase or decrease in the value of donated property
caused by the project; and
‘‘(B) the fair market value of donated land shall be
established as of the earlier of—
‘‘(i) the date on which the donation becomes effective; or
‘‘(ii) the date on which equitable title to the land
vests in the State.’’;
(3) in paragraph (3) by striking ‘‘agency of a Federal, State,
or local government’’ and inserting ‘‘agency of the Federal
Government’’; and
(4) in paragraph (4) by striking ‘‘to which the donation
is applied’’.
(c) CREDITING OF CONTRIBUTIONS BY UNITS OF LOCAL GOVERNMENT TOWARD THE STATE SHARE.—Section 323 of such title is
amended by adding at the end the following:
‘‘(e) CREDITING OF CONTRIBUTIONS BY UNITS OF LOCAL GOVERNMENT TOWARD THE STATE SHARE.—A contribution by a unit of
local government of real property, funds, or material in connection
with a project eligible for assistance under this title shall be credited
against the State share of the project at the fair market value
of the real property, funds, or material.’’.
(d) CONFORMING AMENDMENTS.—
(1) Section 323 of such title is amended by striking the
section heading and inserting the following:
‘‘§ 323. Donations and credits’’.
(2) The analysis for chapter 1 of such title is amended
by striking the item relating to section 108 and inserting the
following:
‘‘108. Advance acquisition of real property.’’.

(3) The analysis for chapter 3 of such title is amended
by striking the item relating to section 323 and inserting the
following:
‘‘323. Donations and credits.’’.
SEC. 1302. PAYMENTS TO STATES FOR CONSTRUCTION.

Section 121 of title 23, United States Code, is amended—
(1) by striking subsections (a) and (b) and inserting the
following:
‘‘(a) IN GENERAL.—The Secretary, from time to time as the
work progresses, may make payments to a State for costs of
construction incurred by the State on a project. Such payments
may also be made for the value of the materials—
‘‘(1) that have been stockpiled in the vicinity of the
construction in conformity to plans and specifications for the
projects; and
‘‘(2) that are not in the vicinity of the construction if the
Secretary determines that because of required fabrication at

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 227

an off-site location the material cannot be stockpiled in such
vicinity.
‘‘(b) PROJECT AGREEMENT.—No payment shall be made under
this chapter except for a project covered by a project agreement.
After completion of the project in accordance with the project agreement, a State shall be entitled to payment out of the appropriate
sums apportioned or allocated to the State of the unpaid balance
of the Federal share payable for such project.’’;
(2) by striking subsections (c) and (d); and
(3) by redesignating subsection (e) as subsection (c).
SEC. 1303. PROCEEDS FROM THE SALE OR LEASE OF REAL PROPERTY.

(a) IN GENERAL.—Section 156 of title 23, United States Code,
is amended to read as follows:
‘‘§ 156. Proceeds from the sale or lease of real property
‘‘(a) MINIMUM CHARGE.—Subject to section 142(f), a State shall
charge, at a minimum, fair market value for the sale, use, lease,
or lease renewal (other than for utility use and occupancy or for
a transportation project eligible for assistance under this title)
of real property acquired with Federal assistance made available
from the Highway Trust Fund (other than the Mass Transit
Account).
‘‘(b) EXCEPTIONS.—The Secretary may grant an exception to
the requirement of subsection (a) for a social, environmental, or
economic purpose.
‘‘(c) USE OF FEDERAL SHARE OF INCOME.—The Federal share
of net income from the revenues obtained by a State under subsection (a) shall be used by the State for projects eligible under
this title.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
such title is amended by striking the item relating to section 156
and inserting the following:
‘‘156. Proceeds from the sale or lease of real property.’’.
SEC. 1304. ENGINEERING COST REIMBURSEMENT.

Section 102(b) of title 23, United States Code, is amended
in the first sentence by inserting after ‘‘10 years’’ the following:
‘‘(or such longer period as the State requests and the Secretary
determines to be reasonable)’’.
SEC. 1305. PROJECT APPROVAL AND OVERSIGHT.

(a) IN GENERAL.—Section 106 of title 23, United States Code,
is amended—
(1) by striking the section heading and inserting the
following:
‘‘§ 106. Project approval and oversight’’;
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by striking subsections (a) through (d) and inserting
the following:
‘‘(a) IN GENERAL.—
‘‘(1) SUBMISSION OF PLANS, SPECIFICATIONS, AND ESTIMATES.—Except as otherwise provided in this section, each
State transportation department shall submit to the Secretary
for approval such plans, specifications, and estimates for each
proposed project as the Secretary may require.

112 STAT. 228

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(2) PROJECT AGREEMENT.—The Secretary shall act on the
plans, specifications, and estimates as soon as practicable after
the date of their submission and shall enter into a formal
project agreement with the State transportation department
formalizing the conditions of the project approval.
‘‘(3) CONTRACTUAL OBLIGATION.—The execution of the
project agreement shall be deemed a contractual obligation
of the Federal Government for the payment of the Federal
share of the cost of the project.
‘‘(4) GUIDANCE.—In taking action under this subsection,
the Secretary shall be guided by section 109.
‘‘(b) PROJECT AGREEMENT.—
‘‘(1) PROVISION OF STATE FUNDS.—The project agreement
shall make provision for State funds required to pay the State’s
non-Federal share of the cost of construction of the project
and to pay for maintenance of the project after completion
of construction.
‘‘(2) REPRESENTATIONS OF STATE.—If a part of the project
is to be constructed at the expense of, or in cooperation with,
political subdivisions of the State, the Secretary may rely on
representations made by the State transportation department
with respect to the arrangements or agreements made by the
State transportation department and appropriate local officials
for ensuring that the non-Federal contribution will be provided
under paragraph (1).
‘‘(c) ASSUMPTION BY STATES OF RESPONSIBILITIES OF THE
SECRETARY.—
‘‘(1) NON-INTERSTATE NHS PROJECTS.—For projects under
this title that are on the National Highway System but not
on the Interstate System, the State may assume the responsibilities of the Secretary under this title for design, plans, specifications, estimates, contract awards, and inspections of projects
unless the State or the Secretary determines that such assumption is not appropriate.
‘‘(2) NON-NHS PROJECTS.—For projects under this title that
are not on the National Highway System, the State shall
assume the responsibilities of the Secretary under this title
for design, plans, specifications, estimates, contract awards,
and inspection of projects, unless the State determines that
such assumption is not appropriate.
‘‘(3) AGREEMENT.—The Secretary and the State shall enter
into an agreement relating to the extent to which the State
assumes the responsibilities of the Secretary under this subsection.
‘‘(4) LIMITATION ON AUTHORITY OF SECRETARY.—The Secretary may not assume any greater responsibility than the
Secretary is permitted under this title on September 30, 1997,
except upon agreement by the Secretary and the State.
‘‘(d) RESPONSIBILITIES OF THE SECRETARY.—Nothing in this section, section 133, or section 149 shall affect or discharge any responsibility or obligation of the Secretary under—
‘‘(1) section 113 or 114; or
‘‘(2) any Federal law other than this title (including section
5333 of title 49).
‘‘(e) VALUE ENGINEERING ANALYSIS.—For such projects as the
Secretary determines advisable, plans, specifications, and estimates

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 229

for proposed projects on any Federal-aid highway shall be accompanied by a value engineering analysis or other cost reduction
analysis.’’.
(b) FINANCIAL PLAN.—Section 106 of such title (as amended
by subsection (a)(2)), is amended by adding at the end the following:
‘‘(h) FINANCIAL PLAN.—A recipient of Federal financial assistance for a project under this title with an estimated total cost
of $1,000,000,000 or more shall submit to the Secretary an annual
financial plan for the project. The plan shall be based on detailed
annual estimates of the cost to complete the remaining elements
of the project and on reasonable assumptions, as determined by
the Secretary, of future increases in the cost to complete the
project.’’.
(c) LIFE CYCLE COST ANALYSIS.—Section 106 of such title (as
amended by subsection (a)(2)), is amended by striking subsection
(f) and inserting the following:
‘‘(f) LIFE-CYCLE COST ANALYSIS.—
‘‘(1) USE OF LIFE-CYCLE COST ANALYSIS.—The Secretary
shall develop recommendations for the States to conduct lifecycle cost analyses. The recommendations shall be based on
the principles contained in section 2 of Executive Order No.
12893 and shall be developed in consultation with the American
Association of State Highway and Transportation Officials. The
Secretary shall not require a State to conduct a life-cycle cost
analysis for any project as a result of the recommendations
required under this subsection.
‘‘(2) LIFE-CYCLE COST ANALYSIS DEFINED.—In this subsection, the term ‘life-cycle cost analysis’ means a process for
evaluating the total economic worth of a usable project segment
by analyzing initial costs and discounted future costs, such
as maintenance, user costs, reconstruction, rehabilitation,
restoring, and resurfacing costs, over the life of the project
segment.’’.
(d) CONFORMING AMENDMENT.—The analysis for chapter 1 of
such title is amended by striking the item relating to section 106
and inserting the following:
‘‘106. Project approval and oversight.’’.
SEC. 1306. STANDARDS.

(a) ELIMINATION OF GUIDELINES AND ANNUAL CERTIFICATION
REQUIREMENTS.—Section 109 of title 23, United States Code, is
amended—
(1) by striking subsection (m); and
(2) by redesignating subsections (n) through (q) as subsections (m) through (p), respectively.
(b) SAFETY STANDARDS.—Section 109 of such title (as amended
by subsection (a)), is amended by adding at the end the following:
‘‘(q) PHASE CONSTRUCTION.—Safety considerations for a project
under this title may be met by phase construction consistent with
the operative safety management system established in accordance
with section 303 or in accordance with a statewide transportation
improvement program approved by the Secretary.’’.
SEC. 1307. DESIGN-BUILD CONTRACTING.

(a) AUTHORITY.—Section 112(b) of title 23, United States Code,
is amended—

23 USC 106.

112 STAT. 230

23 USC 112.

23 USC 112 note.

PUBLIC LAW 105–178—JUNE 9, 1998

(1) in the first sentence of paragraph (1) by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs (2) and (3)’’;
(2) in paragraph (2)(A) by striking ‘‘Each’’ and inserting
‘‘Subject to paragraph (3), each’’; and
(3) by adding at the end the following:
‘‘(3) DESIGN-BUILD CONTRACTING.—
‘‘(A) IN GENERAL.—A State transportation department
or local transportation agency may award a design-build
contract for a qualified project described in subparagraph
(C) using any procurement process permitted by applicable
State and local law.
‘‘(B) LIMITATION ON FINAL DESIGN.—Final design under
a design-build contract referred to in subparagraph (A)
shall not commence before compliance with section 102
of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
‘‘(C) QUALIFIED PROJECTS.—A qualified project referred
to in subparagraph (A) is a project under this chapter
for which—
‘‘(i) the Secretary has approved the use of designbuild contracting described in subparagraph (A) under
criteria specified in regulations issued by the Secretary;
and
‘‘(ii) the total costs are estimated to exceed—
‘‘(I) in the case of a project that involves
installation of an intelligent transportation system,
$5,000,000; and
‘‘(II) in the case of any other project,
$50,000,000.
‘‘(D) DESIGN-BUILD CONTRACT DEFINED.—In this paragraph, the term ‘design-build contract’ means an agreement
that provides for design and construction of a project by
a contractor, regardless of whether the agreement is in
the form of a design-build contract, a franchise agreement,
or any other form of contract approved by the Secretary.’’.
(b) INAPPLICABILITY OF STANDARDIZED CONTRACT CLAUSE
REQUIREMENT.—Section 112(e)(2) of such title is amended—
(1) by striking ‘‘Paragraph’’ and inserting the following:
‘‘(A) STATE LAW.—Paragraph’’;
(2) by adding at the end the following:
‘‘(B) DESIGN-BUILD CONTRACTS.—Paragraph (1) shall
not apply to any design-build contract approved under subsection (b)(3).’’; and
(3) by aligning the remainder of the text of subparagraph
(A) (as designated by paragraph (1) of this subsection) with
subparagraph (B) of such section (as added by paragraph (2)
of this subsection).
(c) REGULATIONS.—
(1) IN GENERAL.—Not later than the effective date specified
in subsection (e), after consultation with the American Association of State Highway and Transportation Officials and representatives from affected industries, the Secretary shall issue
regulations to carry out the amendments made by this section.
(2) CONTENTS.—The regulations shall—
(A) identify the criteria to be used by the Secretary
in approving the use by a State transportation department

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 231

or local transportation agency of design-build contracting;
and
(B) establish the procedures to be followed by a State
transportation department or local transportation agency
for obtaining the Secretary’s approval of the use of designbuild contracting by the department or agency.
(d) EFFECT ON EXPERIMENTAL PROGRAM.—Nothing in this section or the amendments made by this section affects the authority
to carry out, or any project carried out under, any experimental
program concerning design-build contracting that is being carried
out by the Secretary as of the date of enactment of this Act.
(e) EFFECTIVE DATE FOR AMENDMENTS.—
(1) IN GENERAL.—The amendments made by this section
take effect 3 years after the date of enactment of this Act.
(2) TRANSITION PROVISION.—
(A) IN GENERAL.—During the period before issuance
of the regulations under subsection (c), the Secretary may
approve, in accordance with an experimental program
described in subsection (d), design-build contracts to be
awarded using any process permitted by applicable State
and local law; except that final design under any such
contract shall not commence before compliance with section
102 of the National Environmental Policy Act of 1969 (42
U.S.C. 4332).
(B) PREVIOUSLY AWARDED CONTRACTS.—The Secretary
may approve design-build contracts awarded before the
date of enactment of this Act.
(C) DESIGN-BUILD CONTRACT DEFINED.—In this paragraph, the term ‘‘design-build contract’’ means an agreement that provides for design and construction of a project
by a contractor, regardless of whether the agreement is
in the form of a design-build contract, a franchise agreement, or any other form of contract approved by the Secretary.
(f) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than 5 years after the date
of enactment of this Act, the Secretary shall submit to Congress
a report on the effectiveness of design-build contracting procedures.
(2) CONTENTS.—The report shall contain—
(A) an assessment of the effect of design-build contracting on project quality, project cost, and timeliness of project
delivery;
(B) recommendations on the appropriate level of design
for design-build procurements;
(C) an assessment of the impact of design-build
contracting on small businesses;
(D) assessment of the subjectivity used in design-build
contracting; and
(E) such recommendations concerning design-build
contracting procedures as the Secretary determines to be
appropriate.
SEC. 1308. MAJOR INVESTMENT STUDY INTEGRATION.

The Secretary shall eliminate the major investment study set
forth in section 450.318 of title 23, Code of Federal Regulations,
as a separate requirement, and promulgate regulations to integrate

23 USC 112 note.

23 USC 112 note.

23 USC 112 note.

112 STAT. 232

PUBLIC LAW 105–178—JUNE 9, 1998

such requirement, as appropriate, as part of the analyses required
to be undertaken pursuant to the planning provisions of title 23,
United States Code, and chapter 53 of title 49, United States
Code, and the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for Federal-aid highway and transit projects. The
scope of the applicability of such regulations shall be no broader
than the scope of such section.
23 USC 109 note.

SEC. 1309. ENVIRONMENTAL STREAMLINING.

(a) COORDINATED ENVIRONMENTAL REVIEW PROCESS.—
(1) DEVELOPMENT AND IMPLEMENTATION.—The Secretary
shall develop and implement a coordinated environmental
review process for highway construction projects that require—
(A) the preparation of an environmental impact statement or environmental assessment under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
except that the Secretary may decide not to apply this
section to the preparation of an environmental assessment
under such Act; or
(B) the conduct of any other environmental review,
analysis, opinion, or issuance of an environmental permit,
license, or approval by operation of Federal law.
(2) MEMORANDUM OF UNDERSTANDING.—
(A) IN GENERAL.—The coordinated environmental
review process for each project shall ensure that, whenever
practicable (as specified in this section), all environmental
reviews, analyses, opinions, and any permits, licenses, or
approvals that must be issued or made by any Federal
agency for the project concerned shall be conducted concurrently and completed within a cooperatively determined
time period. Such process for a project or class of project
may be incorporated into a memorandum of understanding
between the Department of Transportation and Federal
agencies (and, where appropriate, State agencies).
(B) ESTABLISHMENT OF TIME PERIODS.—In establishing
the time period referred to in subparagraph (A), and any
time periods for review within such period, the Department
and all such agencies shall take into account their respective resources and statutory commitments.
(b) ELEMENTS OF COORDINATED ENVIRONMENTAL REVIEW
PROCESS.—For each project, the coordinated environmental review
process established under this section shall provide, at a minimum,
for the following elements:
(1) FEDERAL AGENCY IDENTIFICATION.—The Secretary shall,
at the earliest possible time, identify all potential Federal agencies that—
(A) have jurisdiction by law over environmental-related
issues that may be affected by the project and the analysis
of which would be part of any environmental document
required by the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); or
(B) may be required by Federal law to independently—
(i) conduct an environmental-related review or
analysis; or
(ii) determine whether to issue a permit, license,
or approval or render an opinion on the environmental
impact of the project.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 233

(2) TIME LIMITATIONS AND CONCURRENT REVIEW.—The Secretary and the head of each Federal agency identified under
paragraph (1)—
(A)(i) shall jointly develop and establish time periods
for review for—
(I) all Federal agency comments with respect to
any environmental review documents required by the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) for the project; and
(II) all other independent Federal agency environmental analyses, reviews, opinions, and decisions on
any permits, licenses, and approvals that must be
issued or made for the project;
whereby each such Federal agency’s review shall be undertaken and completed within such established time periods
for review; or
(ii) may enter into an agreement to establish such
time periods for review with respect to a class of project;
and
(B) shall ensure, in establishing such time periods
for review, that the conduct of any such analysis, review,
opinion, and decision is undertaken concurrently with all
other environmental reviews for the project, including the
reviews required by the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.); except that such
review may not be concurrent if the affected Federal agency
can demonstrate that such concurrent review would result
in a significant adverse impact to the environment or substantively alter the operation of Federal law or would not
be possible without information developed as part of the
environmental review process.
(3) FACTORS TO BE CONSIDERED.—Time periods for review
established under this section shall be consistent with the
time periods established by the Council on Environmental Quality under sections 1501.8 and 1506.10 of title 40, Code of
Federal Regulations.
(4) EXTENSIONS.—The Secretary shall extend any time periods for review under this section if, upon good cause shown,
the Secretary and any Federal agency concerned determine
that additional time for analysis and review is needed as a
result of new information that has been discovered that could
not reasonably have been anticipated when the Federal agency’s
time periods for review were established. Any memorandum
of understanding shall be modified to incorporate any mutually
agreed-upon extensions.
(c) DISPUTE RESOLUTION.—When the Secretary determines that
a Federal agency which is subject to a time period for its environmental review or analysis under this section has failed to complete
such review, analysis, opinion, or decision on issuing any permit,
license, or approval within the established time period or within
any agreed-upon extension to such time period, the Secretary may,
after notice and consultation with such agency, close the record
on the matter before the Secretary. If the Secretary finds, after
timely compliance with this section, that an environmental issue
related to the project that an affected Federal agency has jurisdiction over by operation of Federal law has not been resolved, the
Secretary and the head of the Federal agency shall resolve the

112 STAT. 234

PUBLIC LAW 105–178—JUNE 9, 1998

matter not later than 30 days after the date of the finding by
the Secretary.
(d) PARTICIPATION OF STATE AGENCIES.—For any project eligible
for assistance under chapter 1 of title 23, United States Code,
a State, by operation of State law, may require that all State
agencies that have jurisdiction by State or Federal law over environmental-related issues that may be affected by the project, or that
are required to issue any environmental-related reviews, analyses,
opinions, or determinations on issuing any permits, licenses, or
approvals for the project, be subject to the coordinated environmental review process established under this section unless the
Secretary determines that a State’s participation would not be
in the public interest. For a State to require State agencies to
participate in the review process, all affected agencies of the State
shall be subject to the review process.
(e) ASSISTANCE TO AFFECTED FEDERAL AGENCIES.—
(1) IN GENERAL.—The Secretary may approve a request
by a State to provide funds made available under chapter
1 of title 23, United States Code, to the State for the project
subject to the coordinated environmental review process established under this section to affected Federal agencies to provide
the resources necessary to meet any time limits established
under this section.
(2) AMOUNTS.—Such requests under paragraph (1) shall
be approved only—
(A) for the additional amounts that the Secretary determines are necessary for the affected Federal agencies to
meet the time limits for environmental review; and
(B) if such time limits are less than the customary
time necessary for such review.
(f) JUDICIAL REVIEW AND SAVINGS CLAUSE.—
(1) JUDICIAL REVIEW.—Nothing in this section shall affect
the reviewability of any final Federal agency action in a district
court of the United States or in the court of any State.
(2) SAVINGS CLAUSE.—Nothing in this section shall affect
the applicability of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) or any other Federal environmental statute or affect the responsibility of any Federal officer
to comply with or enforce any such statute.
(g) FEDERAL AGENCY DEFINED.—In this section, the term ‘‘Federal agency’’ means any Federal agency or any State agency carrying
out affected responsibilities required by operation of Federal law.
SEC. 1310. UNIFORM TRANSFERABILITY OF FEDERAL-AID HIGHWAY
FUNDS.

(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by inserting after section 109 the following:
‘‘§ 110. Uniform transferability of Federal-aid highway funds
‘‘(a) GENERAL RULE.—Notwithstanding any other provision of
law but subject to subsections (b) and (c), if at least 50 percent
of a State’s apportionment under section 104 or 144 for a fiscal
year or at least 50 percent of the funds set-aside under section
133(d) from the State’s apportionment section 104(b)(3) may not
be transferred to any other apportionment of the State under section
104 or 144 for such fiscal year, then the State may transfer not
to exceed 50 percent of such apportionment or set aside to any

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 235

other apportionment of such State under section 104 or 144 for
such fiscal year.
‘‘(b) APPLICATION TO CERTAIN SET-ASIDES.—No funds may be
transferred under this section that are subject to the last sentence
of section 133(d)(1) or to section 104(f) or to section 133(d)(3).
The maximum amount that a State may transfer under this section
of the State’s set-aside under section 133(d)(1) or 133(d)(2) for
a fiscal year may not exceed 25 percent of (1) the amount of
such set-aside, less (2) the amount of the State’s set-aside under
such section for fiscal year 1997.
‘‘(c) APPLICATION TO CERTAIN CMAQ FUNDS.—The maximum
amount that a State may transfer under this section of the State’s
apportionment under section 104(b)(2) for a fiscal year may not
exceed 50 percent of (1) the amount of such apportionment, less
(2) the amount that the State’s apportionment under section
104(b)(2) for such fiscal year would have been had the program
been funded at $1,350,000,000. Any such funds apportioned under
section 104(b)(2) and transferred under this section may only be
obligated in geographic areas eligible for the obligation of funds
apportioned under section 104(b)(2).’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
such title is amended by inserting after the item relating to section
109 the following:
‘‘110. Uniform transferability of Federal-aid highway funds.’’.

Subtitle D—Safety
SEC. 1401. HAZARD ELIMINATION PROGRAM.

Section 152 of title 23, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘(a) Each’’ and inserting the following:
‘‘(a) IN GENERAL.—
‘‘(1) PROGRAM.—Each’’;
(B) by inserting ‘‘, bicyclists,’’ after ‘‘motorists’’;
(C) by adding at the end the following:
‘‘(2) HAZARDS.—In carrying out paragraph (1), a State may,
at its discretion—
‘‘(A) identify, through a survey, hazards to motorists,
bicyclists, pedestrians, and users of highway facilities; and
‘‘(B) develop and implement projects and programs to
address the hazards.’’; and
(D) by aligning the remainder of the text of paragraph
(1) (as designated by subparagraph (A) of this paragraph)
with paragraph (2) of such subsection (as added by subparagraph (C) of this paragraph);
(2) in subsection (b) by striking ‘‘highway safety improvement project’’ and inserting ‘‘safety improvement project, including a project described in subsection (a)’’;
(3) in subsection (c) by striking ‘‘on any public road (other
than a highway on the Interstate System).’’ and inserting the
following: ‘‘on—
‘‘(1) any public road;
‘‘(2) any public surface transportation facility or any
publicly owned bicycle or pedestrian pathway or trail; or
‘‘(3) any traffic calming measure.’’;
(4) in subsection (e)—

112 STAT. 236

PUBLIC LAW 105–178—JUNE 9, 1998
(A) by striking ‘‘apportioned to’’ in the first sentence
and all that follows through ‘‘shall be’’ in the second sentence; and
(B) by striking ‘‘section 104(b)(1)’’ and inserting ‘‘section
104(b)’’; and
(5) in subsections (f) and (g) by striking ‘‘highway safety
improvement projects’’ each place it appears and inserting
‘‘safety improvement projects’’.

Regulations.
23 USC 109 note.

SEC. 1402. ROADSIDE SAFETY TECHNOLOGIES.

(a) CRASH CUSHIONS.—
(1) GUIDANCE.—Not later than 18 months after the date
of enactment of this Act, the Secretary shall issue guidance
regarding the benefits and safety performance of redirective
and nonredirective crash cushions in different road applications,
taking into consideration roadway conditions, operating speed
limits, the location of the crash cushion in the right-of-way,
and any other relevant factors. The guidance shall include
recommendations on the most appropriate circumstances for
utilization of redirective and nonredirective crash cushions.
(2) USE OF GUIDANCE.—States shall use the guidance issued
under this subsection in evaluating the safety and cost-effectiveness of utilizing different crash cushion designs and determining whether directive or nonredirective crash cushions or other
safety appurtenances should be installed at specific highway
locations.
(b) TRAFFIC FLOW AND SAFETY APPLICATIONS OF ROAD
BARRIERS.—
(1) STUDY.—The Secretary shall conduct a study on the
technologies and methods to enhance safety, streamline
construction, and improve capacity by providing positive separation at all times between traffic, equipment, and workers on
highway construction projects. The study shall also address
how such technologies can be used to improve capacity and
safety at those specific highway, bridge, and other appropriate
locations where reversible lane, contraflow, and high occupancy
vehicle lane operations are implemented during peak traffic
periods.
(2) USES TO CONSIDER.—In conducting the study, the Secretary shall consider, at a minimum, uses of positive separation
technologies related to—
(A) separating workers from traffic flow when work
is in progress;
(B) providing additional safe work space by utilizing
adjacent and available traffic lanes during off-peak hours;
(C) rapid deployment to allow for daily or periodic
restoration of lanes for use by traffic during peak hours
as needed;
(D) mitigating congestion caused by construction by—
(i) opening all adjacent and available lanes to traffic during peak traffic hours; or
(ii) using reversible lanes to optimize capacity of
the highway by adjusting to directional traffic flow;
and
(E) permanent use of positive separation technologies
to create contraflow or reversible lanes to increase the
capacity of congested highways, bridges, and tunnels.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 237

(3) REPORT.—Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to Congress
a report on the results of the study. The report shall include
findings and recommendations for the use of the technologies
referred to in paragraph (2) to provide positive separation on
appropriate projects.
SEC. 1403. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS.

(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by striking section 157 and inserting the following:
‘‘§ 157. Safety incentive grants for use of seat belts
‘‘(a) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) MOTOR VEHICLE.—The term ‘motor vehicle’ means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public highways, but does not include
a vehicle operated solely on a rail line.
‘‘(2) MULTIPURPOSE PASSENGER MOTOR VEHICLE.—The term
‘multipurpose passenger motor vehicle’ means a motor vehicle
with motive power (except a trailer), designed to carry not
more than 10 individuals, that is constructed on a truck chassis
or is constructed with special features for occasional off-road
operation.
‘‘(3) NATIONAL AVERAGE SEAT BELT USE RATE.—The term
‘national average seat belt use rate’ means, in the case of
each of calendar years 1996 through 2001, the national average
seat belt use rate for that year, as determined by the Secretary.
‘‘(4) PASSENGER CAR.—The term ‘passenger car’ means a
motor vehicle with motive power (except a multipurpose passenger motor vehicle, motorcycle, or trailer) designed to carry
not more than 10 individuals.
‘‘(5) PASSENGER MOTOR VEHICLE.—The term ‘passenger
motor vehicle’ means a passenger car or a multipurpose passenger motor vehicle.
‘‘(6) SAVINGS TO THE FEDERAL GOVERNMENT.—The term
‘savings to the Federal Government’ means the amount of Federal budget savings relating to Federal medical costs (including
savings under the medicare and medicaid programs under titles
XVIII and XIX of the Social Security Act (42 U.S.C. 1395
et seq.)), as determined by the Secretary.
‘‘(7) SEAT BELT.—The term ‘seat belt’ means—
‘‘(A) with respect to an open-body passenger motor
vehicle, including a convertible, an occupant restraint system consisting of a lap belt or a lap belt and a detachable
shoulder belt; and
‘‘(B) with respect to any other passenger motor vehicle,
an occupant restraint system consisting of integrated lap
and shoulder belts.
‘‘(8) STATE SEAT BELT USE RATE.—The term ‘State seat
belt use rate’ means the rate of use of seat belts in passenger
motor vehicles in a State, as measured and submitted to the
Secretary—
‘‘(A) for each of calendar years 1996 and 1997, by
the State, as weighted by the Secretary to ensure national
consistency in methods of measurement (as determined
by the Secretary); and

112 STAT. 238

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(B) for each of calendar years 1998 through 2001,
by the State in a manner consistent with the criteria established by the Secretary under subsection (e).
‘‘(b) DETERMINATIONS BY THE SECRETARY.—Not later than
September 1, 1998, and September 1 of each calendar year thereafter through September 1, 2002, the Secretary shall determine—
‘‘(1)(A) which States had, for each of the previous calendar
years (in this subsection referred to as the ‘previous calendar
year’) and the year preceding the previous calendar year, a
State seat belt use rate greater than the national average
seat belt use rate for that year; and
‘‘(B) in the case of each State described in subparagraph
(A), the amount that is equal to the savings to the Federal
Government due to the amount by which the State seat belt
use rate for the previous calendar year exceeds the national
average seat belt use rate for that year; and
‘‘(2) in the case of each State that is not a State described
in paragraph (1)(A)—
‘‘(A) the base seat belt use rate of the State, which
shall be equal to the highest State seat belt use rate
for the State for any calendar year during the period of
1996 through the calendar year preceding the previous
calendar year; and
‘‘(B) the amount that is equal to the savings to the
Federal Government due to any increase in the State seat
belt use rate for the previous calendar year over the base
seat belt use rate determined under subparagraph (A).
‘‘(c) ALLOCATIONS.—
‘‘(1) STATES WITH GREATER THAN THE NATIONAL AVERAGE
SEAT BELT USE RATE.—Not later than October 1, 1998, and
each October 1 thereafter through October 1, 2002, the Secretary shall allocate to each State described in subsection
(b)(1)(A) an amount equal to the amount determined for the
State under subsection (b)(1)(B).
‘‘(2) OTHER STATES.—Not later than October 1, 1998, and
each October 1 thereafter through October 1, 2002, the Secretary shall allocate to each State described in subsection (b)(2)
an amount equal to the amount determined for the State under
subsection (b)(2)(B).
‘‘(d) USE OF AMOUNTS.—For each fiscal year, each State that
is allocated an amount under this section shall use the amount
for projects eligible for assistance under this title.
‘‘(e) CRITERIA.—Not later than 180 days after the date of enactment of this section, the Secretary shall establish criteria for the
measurement of State seat belt use rates by States to ensure
that the measurements are accurate and representative.
‘‘(f) INNOVATIVE SEAT BELT PROJECT ALLOCATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall use amounts made
available under subsection (g)(3) to make allocations to States
to carry out innovative projects to promote increased seat belt
use rates.
‘‘(2) DETERMINATION OF ELIGIBILITY.—To be eligible to
receive an allocation under this subsection for a fiscal year,
a State shall—
‘‘(A) develop a plan for innovative projects described
in paragraph (1); and

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 239

‘‘(B) submit the plan to the Secretary not later than
March 1 of the fiscal year.
‘‘(3) PLAN SELECTION.—
‘‘(A) CRITERIA.—Not later than December 1, 1998, the
Secretary shall establish criteria for the selection of State
plans for allocations under this subsection.
‘‘(B) SELECTION.—The Secretary shall select State
plans for allocations under this subsection in accordance
with the criteria established under subparagraph (A).
‘‘(C) STATES.—In carrying out this paragraph, the Secretary shall ensure, to the maximum extent practicable,
demographic and geographic diversity and a diversity of
seat belt use rates among the States selected for allocations.
‘‘(4) ALLOCATION.—Not later than October 1, 1999, and
each October 1 thereafter through October 1, 2002, the Secretary shall allocate funds to the States whose plans were
selected under paragraph (3).
‘‘(5) AMOUNT OF ALLOCATIONS.—Subject to the availability
of unallocated amounts under subsection (g)(3), the amount
of each allocation to a State under this subsection shall be
not less than $100,000 for each fiscal year that is covered
by a State plan.
‘‘(6) USE OF ALLOCATIONS.—An allocation to a State under
this subsection shall be used to carry out the innovative seat
belt projects described in the State plan for which the allocation
is awarded.
‘‘(7) FEDERAL SHARE.—The Federal share of the cost of
an innovative seat belt project under this section shall be
100 percent.
‘‘(8) PERIOD OF AVAILABILITY.—Amounts allocated to a State
under this subsection shall remain available for obligation in
the State for a period of 3 years after the last day of the
fiscal year for which the amounts are allocated.
‘‘(g) FUNDING.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $82,000,000 for fiscal year
1999, $92,000,000 for fiscal year 2000, $102,000,000 for fiscal
year 2001, $112,000,000 for fiscal year 2002, and $112,000,000
for fiscal year 2003.
‘‘(2) PROPORTIONATE ADJUSTMENT.—If the total amounts
to be allocated under subsection (c) for any fiscal year would
exceed the amounts authorized for the fiscal year under paragraph (1), the allocation to each State under subsection (c)
shall be reduced proportionately.
‘‘(3) USE OF UNALLOCATED FUNDS.—
‘‘(A) FISCAL YEAR 1999.—To the extent that the amounts
made available for fiscal year 1999 under paragraph (1)
exceed the total amounts to be allocated under subsection
(c) for fiscal year 1999, the excess amounts—
‘‘(i) shall be apportioned in accordance with section
104(b)(3);
‘‘(ii) shall be considered to be sums made available
for expenditure on the surface transportation program,
except that the amounts shall not be subject to section
133(d); and

112 STAT. 240

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(iii) shall be available for any purpose eligible
for funding under section 133.
‘‘(B) FISCAL YEARS 2000 THROUGH 2003.—To the extent
that the amounts made available for any of fiscal years
2000 through 2003 under paragraph (1) exceed the total
amounts to be allocated under subsection (c) for the fiscal
year, the excess amounts shall be used to make allocations
under subsection (f).’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 157 and inserting the following:
‘‘157. Safety incentive grants for use of seat belts.’’.
23 USC 157 note.

(c) SAVINGS CLAUSE.—The amendment made by subsection (a)
shall not affect any funds apportioned or allocated before the date
of enactment of this Act.
SEC. 1404. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR
VEHICLES BY INTOXICATED PERSONS.

(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
‘‘§ 163. Safety incentives to prevent operation of motor
vehicles by intoxicated persons
‘‘(a) GENERAL AUTHORITY.—The Secretary shall make a grant,
in accordance with this section, to any State that has enacted
and is enforcing a law that provides that any person with a blood
alcohol concentration of 0.08 percent or greater while operating
a motor vehicle in the State shall be deemed to have committed
a per se offense of driving while intoxicated (or an equivalent
per se offense).
‘‘(b) GRANTS.—For each fiscal year, funds authorized to carry
out this section shall be apportioned to each State that has enacted
and is enforcing a law meeting the requirements of subsection
(a) in an amount determined by multiplying—
‘‘(1) the amount authorized to carry out this section for
the fiscal year; by
‘‘(2) the ratio that the amount of funds apportioned to
each such State under section 402 for such fiscal year bears
to the total amount of funds apportioned to all such States
under section 402 for such fiscal year.
‘‘(c) USE OF GRANTS.—A State may obligate funds apportioned
under subsection (b) for any project eligible for assistance under
this title.
‘‘(d) FEDERAL SHARE.—The Federal share of the cost of a project
funded under this section shall be 100 percent.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $55,000,000 for fiscal year
1998, $65,000,000 for fiscal year 1999, $80,000,000 for fiscal
year 2000, $90,000,000 for fiscal year 2001, $100,000,000 for
fiscal year 2002, and $110,000,000 for fiscal year 2003.
‘‘(2) AVAILABILITY OF FUNDS.—Notwithstanding section
118(b)(2), the funds authorized by this subsection shall remain
available until expended.’’.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 241

(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:
‘‘Sec. 163. Safety incentives to prevent operation of motor vehicles by intoxicated
persons.’’.

Subtitle E—Finance
CHAPTER 1—TRANSPORTATION INFRASTRUCTURE
FINANCE AND INNOVATION
SEC. 1501. SHORT TITLE.

This chapter may be cited as the ‘‘Transportation Infrastructure
Finance and Innovation Act of 1998’’.
SEC. 1502. FINDINGS.

Congress finds that—
(1) a well-developed system of transportation infrastructure
is critical to the economic well-being, health, and welfare of
the people of the United States;
(2) traditional public funding techniques such as grant
programs are unable to keep pace with the infrastructure
investment needs of the United States because of budgetary
constraints at the Federal, State, and local levels of government;
(3) major transportation infrastructure facilities that
address critical national needs, such as intermodal facilities,
border crossings, and multistate trade corridors, are of a scale
that exceeds the capacity of Federal and State assistance programs in effect on the date of enactment of this Act;
(4) new investment capital can be attracted to infrastructure projects that are capable of generating their own revenue
streams through user charges or other dedicated funding
sources; and
(5) a Federal credit program for projects of national significance can complement existing funding resources by filling
market gaps, thereby leveraging substantial private co-investment.
SEC. 1503. ESTABLISHMENT OF PROGRAM.

(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
‘‘SUBCHAPTER II—INFRASTRUCTURE FINANCE
‘‘§ 181. Definitions
‘‘In this subchapter, the following definitions apply:
‘‘(1) ELIGIBLE PROJECT COSTS.—The term ‘eligible project
costs’ means amounts substantially all of which are paid by,
or for the account of, an obligor in connection with a project,
including the cost of—
‘‘(A) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, permitting, preliminary engineering and design
work, and other preconstruction activities;
‘‘(B) construction, reconstruction, rehabilitation,
replacement, and acquisition of real property (including
land related to the project and improvements to land),

Transportation
Infrastructure
Finance and
Innovation Act
of 1998.
Grants.
Intergovernmental
relations.
Loans.
23 USC 101 note.
23 USC 181 note.

112 STAT. 242

PUBLIC LAW 105–178—JUNE 9, 1998
environmental mitigation, construction contingencies, and
acquisition of equipment; and
‘‘(C) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during
construction.
‘‘(2) FEDERAL CREDIT INSTRUMENT.—The term ‘Federal
credit instrument’ means a secured loan, loan guarantee, or
line of credit authorized to be made available under this subchapter with respect to a project.
‘‘(3) INVESTMENT-GRADE RATING.—The term ‘investmentgrade rating’ means a rating category of BBB minus, Baa3,
or higher assigned by a rating agency to project obligations
offered into the capital markets.
‘‘(4) LENDER.—The term ‘lender’ means any non-Federal
qualified institutional buyer (as defined in section 230.144A(a)
of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange
Commission and issued under the Securities Act of 1933 (15
U.S.C. 77a et seq.)), including—
‘‘(A) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986) that is
a qualified institutional buyer; and
‘‘(B) a governmental plan (as defined in section 414(d)
of the Internal Revenue Code of 1986) that is a qualified
institutional buyer.
‘‘(5) LINE OF CREDIT.—The term ‘line of credit’ means an
agreement entered into by the Secretary with an obligor under
section 184 to provide a direct loan at a future date upon
the occurrence of certain events.
‘‘(6) LOAN GUARANTEE.—The term ‘loan guarantee’ means
any guarantee or other pledge by the Secretary to pay all
or part of the principal of and interest on a loan or other
debt obligation issued by an obligor and funded by a lender.
‘‘(7) LOCAL SERVICER.—The term ‘local servicer’ means—
‘‘(A) a State infrastructure bank established under this
title; or
‘‘(B) a State or local government or any agency of
a State or local government that is responsible for servicing
a Federal credit instrument on behalf of the Secretary.
‘‘(8) OBLIGOR.—The term ‘obligor’ means a party primarily
liable for payment of the principal of or interest on a Federal
credit instrument, which party may be a corporation, partnership, joint venture, trust, or governmental entity, agency, or
instrumentality.
‘‘(9) PROJECT.—The term ‘project’ means—
‘‘(A) any surface transportation project eligible for Federal assistance under this title or chapter 53 of title 49;
‘‘(B) a project for an international bridge or tunnel
for which an international entity authorized under Federal
or State law is responsible.
‘‘(C) a project for intercity passenger bus or rail facilities and vehicles, including facilities and vehicles owned
by the National Railroad Passenger Corporation and
components of magnetic levitation transportation systems;
and

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 243

‘‘(D) a project for publicly owned intermodal surface
freight transfer facilities, other than seaports and airports,
if the facilities are located on or adjacent to National Highway System routes or connections to the National Highway
System.
‘‘(10) PROJECT OBLIGATION.—The term ‘project obligation’
means any note, bond, debenture, or other debt obligation
issued by an obligor in connection with the financing of a
project, other than a Federal credit instrument.
‘‘(11) RATING AGENCY.—The term ‘rating agency’ means
a bond rating agency identified by the Securities and Exchange
Commission as a Nationally Recognized Statistical Rating
Organization.
‘‘(12) SECURED LOAN.—The term ‘secured loan’ means a
direct loan or other debt obligation issued by an obligor and
funded by the Secretary in connection with the financing of
a project under section 183.
‘‘(13) STATE.—The term ‘State’ has the meaning given the
term in section 101.
‘‘(14) SUBSIDY AMOUNT.—The term ‘subsidy amount’ means
the amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument, calculated on a net present value basis, excluding
administrative costs and any incidental effects on governmental
receipts or outlays in accordance with the provisions of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
‘‘(15) SUBSTANTIAL COMPLETION.—The term ‘substantial
completion’ means the opening of a project to vehicular or
passenger traffic.
‘‘§ 182. Determination of eligibility and project selection
‘‘(a) ELIGIBILITY.—To be eligible to receive financial assistance
under this subchapter, a project shall meet the following criteria:
‘‘(1) INCLUSION IN TRANSPORTATION PLANS AND PROGRAMS.—
The project—
‘‘(A) shall be included in the State transportation plan
required under section 135; and
‘‘(B) at such time as an agreement to make available
a Federal credit instrument is entered into under this
subchapter, shall be included in the approved State
transportation improvement program required under section 134.
‘‘(2) APPLICATION.—A State, a local servicer identified under
section 185(a), or the entity undertaking the project shall submit a project application to the Secretary.
‘‘(3) ELIGIBLE PROJECT COSTS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), to be eligible for assistance under this subchapter,
a project shall have eligible project costs that are reasonably anticipated to equal or exceed the lesser of—
‘‘(i) $100,000,000; or
‘‘(ii) 50 percent of the amount of Federal highway
assistance funds apportioned for the most recently completed fiscal year to the State in which the project
is located.
‘‘(B) INTELLIGENT TRANSPORTATION SYSTEM PROJECTS.—
In the case of a project principally involving the installation

112 STAT. 244

PUBLIC LAW 105–178—JUNE 9, 1998

of an intelligent transportation system, eligible project costs
shall be reasonably anticipated to equal or exceed
$30,000,000.
‘‘(4) DEDICATED REVENUE SOURCES.—Project financing shall
be repayable, in whole or in part, from tolls, user fees, or
other dedicated revenue sources.
‘‘(5) PUBLIC SPONSORSHIP OF PRIVATE ENTITIES.—In the case
of a project that is undertaken by an entity that is not a
State or local government or an agency or instrumentality
of a State or local government, the project that the entity
is undertaking shall be publicly sponsored as provided in paragraphs (1) and (2).
‘‘(b) SELECTION AMONG ELIGIBLE PROJECTS.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish criteria
for selecting among projects that meet the eligibility criteria
specified in subsection (a).
‘‘(2) SELECTION CRITERIA.—
‘‘(A) IN GENERAL.—The selection criteria shall include
the following:
‘‘(i) The extent to which the project is nationally
or regionally significant, in terms of generating economic benefits, supporting international commerce, or
otherwise enhancing the national transportation system.
‘‘(ii) The creditworthiness of the project, including
a determination by the Secretary that any financing
for the project has appropriate security features, such
as a rate covenant, to ensure repayment.
‘‘(iii) The extent to which assistance under this
subchapter would foster innovative public-private partnerships and attract private debt or equity investment.
‘‘(iv) The likelihood that assistance under this subchapter would enable the project to proceed at an earlier date than the project would otherwise be able
to proceed.
‘‘(v) The extent to which the project uses new
technologies, including intelligent transportation systems, that enhance the efficiency of the project.
‘‘(vi) The amount of budget authority required to
fund the Federal credit instrument made available
under this subchapter.
‘‘(vii) The extent to which the project helps maintain or protect the environment.
‘‘(viii) The extent to which assistance under this
chapter would reduce the contribution of Federal grant
assistance to the project.
‘‘(B) PRELIMINARY RATING OPINION LETTER.—For purposes of subparagraph (A)(ii), the Secretary shall require
each project applicant to provide a preliminary rating opinion letter from at least 1 rating agency indicating that
the project’s senior obligations have the potential to achieve
an investment-grade rating.
‘‘(c) FEDERAL REQUIREMENTS.—In addition to the requirements
of this title for highway projects, chapter 53 of title 49 for transit
projects, and section 5333(a) of title 49 for rail projects, the following
provisions of law shall apply to funds made available under this
subchapter and projects assisted with the funds:

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 245

‘‘(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
‘‘(2) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
‘‘(3) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
‘‘§ 183. Secured loans
‘‘(a) IN GENERAL.—
‘‘(1) AGREEMENTS.—Subject to paragraphs (2) through (4),
the Secretary may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which shall be
used—
‘‘(A) to finance eligible project costs; or
‘‘(B) to refinance interim construction financing of
eligible project costs;
of any project selected under section 182.
‘‘(2) LIMITATION ON REFINANCING OF INTERIM CONSTRUCTION
FINANCING.—A loan under paragraph (1) shall not refinance
interim construction financing under paragraph (1)(B) later
than 1 year after the date of substantial completion of the
project.
‘‘(3) RISK ASSESSMENT.—Before entering into an agreement
under this subsection, the Secretary, in consultation with the
Director of the Office of Management and Budget and each
rating agency providing a preliminary rating opinion letter
under section 182(b)(2)(B), shall determine an appropriate capital reserve subsidy amount for each secured loan, taking into
account such letter.
‘‘(4) INVESTMENT-GRADE RATING REQUIREMENT.—The funding of a secured loan under this section shall be contingent
on the project’s senior obligations receiving an investmentgrade rating, except that—
‘‘(A) the Secretary may fund an amount of the secured
loan not to exceed the capital reserve subsidy amount
determined under paragraph (3) prior to the obligations
receiving an investment-grade rating; and
‘‘(B) the Secretary may fund the remaining portion
of the secured loan only after the obligations have received
an investment-grade rating by at least 1 rating agency.
‘‘(b) TERMS AND LIMITATIONS.—
‘‘(1) IN GENERAL.—A secured loan under this section with
respect to a project shall be on such terms and conditions
and contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the Secretary determines appropriate.
‘‘(2) MAXIMUM AMOUNT.—The amount of the secured loan
shall not exceed 33 percent of the reasonably anticipated eligible
project costs.
‘‘(3) PAYMENT.—The secured loan—
‘‘(A) shall—
‘‘(i) be payable, in whole or in part, from tolls,
user fees, or other dedicated revenue sources; and
‘‘(ii) include a rate covenant, coverage requirement,
or similar security feature supporting the project
obligations; and

112 STAT. 246

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘(B) may have a lien on revenues described in subparagraph (A) subject to any lien securing project obligations.
‘‘(4) INTEREST RATE.—The interest rate on the secured loan
shall be not less than the yield on marketable United States
Treasury securities of a similar maturity to the maturity of
the secured loan on the date of execution of the loan agreement.
‘‘(5) MATURITY DATE.—The final maturity date of the
secured loan shall be not later than 35 years after the date
of substantial completion of the project.
‘‘(6) NONSUBORDINATION.—The secured loan shall not be
subordinated to the claims of any holder of project obligations
in the event of bankruptcy, insolvency, or liquidation of the
obligor.
‘‘(7) FEES.—The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the Federal
Government of making a secured loan under this section.
‘‘(8) NON-FEDERAL SHARE.—The proceeds of a secured loan
under this subchapter may be used for any non-Federal share
of project costs required under this title or chapter 53 of title
49, if the loan is repayable from non-Federal funds.
‘‘(c) REPAYMENT.—
‘‘(1) SCHEDULE.—The Secretary shall establish a repayment
schedule for each secured loan under this section based on
the projected cash flow from project revenues and other repayment sources.
‘‘(2) COMMENCEMENT.—Scheduled loan repayments of principal or interest on a secured loan under this section shall
commence not later than 5 years after the date of substantial
completion of the project.
‘‘(3) SOURCES OF REPAYMENT FUNDS.—The sources of funds
for scheduled loan repayments under this section shall include
tolls, user fees, or other dedicated revenue sources.
‘‘(4) DEFERRED PAYMENTS.—
‘‘(A) AUTHORIZATION.—If, at any time during the 10
years after the date of substantial completion of the project,
the project is unable to generate sufficient revenues to
pay the scheduled loan repayments of principal and interest
on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and
interest to the outstanding balance of the secured loan.
‘‘(B) INTEREST.—Any payment deferred under subparagraph (A) shall—
‘‘(i) continue to accrue interest in accordance with
subsection (b)(4) until fully repaid; and
‘‘(ii) be scheduled to be amortized over the remaining term of the loan beginning not later than 10 years
after the date of substantial completion of the project
in accordance with paragraph (1).
‘‘(C) CRITERIA.—
‘‘(i) IN GENERAL.—Any payment deferral under
subparagraph (A) shall be contingent on the project
meeting criteria established by the Secretary.
‘‘(ii) REPAYMENT STANDARDS.—The criteria established under clause (i) shall include standards for
reasonable assurance of repayment.
‘‘(5) PREPAYMENT.—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 247

‘‘(A) USE OF EXCESS REVENUES.—Any excess revenues
that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and
all deposit requirements under the terms of any trust
agreement, bond resolution, or similar agreement securing
project obligations may be applied annually to prepay the
secured loan without penalty.
‘‘(B) USE OF PROCEEDS OF REFINANCING.—The secured
loan may be prepaid at any time without penalty from
the proceeds of refinancing from non-Federal funding
sources.
‘‘(d) SALE OF SECURED LOANS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), as soon as
practicable after substantial completion of a project and after
notifying the obligor, the Secretary may sell to another entity
or reoffer into the capital markets a secured loan for the project
if the Secretary determines that the sale or reoffering can
be made on favorable terms.
‘‘(2) CONSENT OF OBLIGOR.—In making a sale or reoffering
under paragraph (1), the Secretary may not change the original
terms and conditions of the secured loan without the written
consent of the obligor.
‘‘(e) LOAN GUARANTEES.—
‘‘(1) IN GENERAL.—The Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan if
the Secretary determines that the budgetary cost of the loan
guarantee is substantially the same as that of a secured loan.
‘‘(2) TERMS.—The terms of a guaranteed loan shall be
consistent with the terms set forth in this section for a secured
loan, except that the rate on the guaranteed loan and any
prepayment features shall be negotiated between the obligor
and the lender, with the consent of the Secretary.
‘‘§ 184. Lines of credit
‘‘(a) IN GENERAL.—
‘‘(1) AGREEMENTS.—Subject to paragraphs (2) through (4),
the Secretary may enter into agreements to make available
lines of credit to 1 or more obligors in the form of direct
loans to be made by the Secretary at future dates on the
occurrence of certain events for any project selected under
section 182.
‘‘(2) USE OF PROCEEDS.—The proceeds of a line of credit
made available under this section shall be available to pay
debt service on project obligations issued to finance eligible
project costs, extraordinary repair and replacement costs, operation and maintenance expenses, and costs associated with
unexpected Federal or State environmental restrictions.
‘‘(3) RISK ASSESSMENT.—Before entering into an agreement
under this subsection, the Secretary, in consultation with the
Director of the Office of Management and Budget and each
rating agency providing a preliminary rating opinion letter
under section 182(b)(2)(B), shall determine an appropriate capital reserve subsidy amount for each line of credit, taking
into account such letter.
‘‘(4) INVESTMENT-GRADE RATING REQUIREMENT.—The funding of a line of credit under this section shall be contingent

112 STAT. 248

PUBLIC LAW 105–178—JUNE 9, 1998
on the project’s senior obligations receiving an investmentgrade rating from at least 1 rating agency.
‘‘(b) TERMS AND LIMITATIONS.—
‘‘(1) IN GENERAL.—A line of credit under this section with
respect to a project shall be on such terms and conditions
and contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the Secretary determines appropriate.
‘‘(2) MAXIMUM AMOUNTS.—
‘‘(A) TOTAL AMOUNT.—The total amount of the line
of credit shall not exceed 33 percent of the reasonably
anticipated eligible project costs.
‘‘(B) 1-YEAR DRAWS.—The amount drawn in any 1 year
shall not exceed 20 percent of the total amount of the
line of credit.
‘‘(3) DRAWS.—Any draw on the line of credit shall represent
a direct loan and shall be made only if net revenues from
the project (including capitalized interest, any debt service
reserve fund, and any other available reserve) are insufficient
to pay the costs specified in subsection (a)(2).
‘‘(4) INTEREST RATE.—The interest rate on a direct loan
resulting from a draw on the line of credit shall be not less
than the yield on 30-year marketable United States Treasury
securities as of the date on which the line of credit is obligated.
‘‘(5) SECURITY.—The line of credit—
‘‘(A) shall—
‘‘(i) be payable, in whole or in part, from tolls,
user fees, or other dedicated revenue sources; and
‘‘(ii) include a rate covenant, coverage requirement,
or similar security feature supporting the project
obligations; and
‘‘(B) may have a lien on revenues described in subparagraph (A) subject to any lien securing project obligations.
‘‘(6) PERIOD OF AVAILABILITY.—The line of credit shall be
available during the period beginning on the date of substantial
completion of the project and ending not later than 10 years
after that date.
‘‘(7) RIGHTS OF THIRD-PARTY CREDITORS.—
‘‘(A) AGAINST FEDERAL GOVERNMENT.—A third-party
creditor of the obligor shall not have any right against
the Federal Government with respect to any draw on the
line of credit.
‘‘(B) ASSIGNMENT.—An obligor may assign the line of
credit to 1 or more lenders or to a trustee on the lenders’
behalf.
‘‘(8) NONSUBORDINATION.—A direct loan under this section
shall not be subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or liquidation
of the obligor.
‘‘(9) FEES.—The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the Federal
Government of providing a line of credit under this section.
‘‘(10) RELATIONSHIP TO OTHER CREDIT INSTRUMENTS.—A
project that receives a line of credit under this section also
shall not receive a secured loan or loan guarantee under section
183 of an amount that, combined with the amount of the
line of credit, exceeds 33 percent of eligible project costs.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 249

‘‘(c) REPAYMENT.—
‘‘(1) TERMS AND CONDITIONS.—The Secretary shall establish
repayment terms and conditions for each direct loan under
this section based on the projected cash flow from project revenues and other repayment sources.
‘‘(2) TIMING.—All scheduled repayments of principal or
interest on a direct loan under this section shall commence
not later than 5 years after the end of the period of availability
specified in subsection (b)(6) and be fully repaid, with interest,
by the date that is 25 years after the end of the period of
availability specified in subsection (b)(6).
‘‘(3) SOURCES OF REPAYMENT FUNDS.—The sources of funds
for scheduled loan repayments under this section shall include
tolls, user fees, or other dedicated revenue sources.
‘‘§ 185. Project servicing
‘‘(a) REQUIREMENT.—The State in which a project that receives
financial assistance under this subchapter is located may identify
a local servicer to assist the Secretary in servicing the Federal
credit instrument made available under this subchapter.
‘‘(b) AGENCY; FEES.—If a State identifies a local servicer under
subsection (a), the local servicer—
‘‘(1) shall act as the agent for the Secretary; and
‘‘(2) may receive a servicing fee, subject to approval by
the Secretary.
‘‘(c) LIABILITY.—A local servicer identified under subsection (a)
shall not be liable for the obligations of the obligor to the Secretary
or any lender.
‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Secretary may
retain the services of expert firms in the field of municipal and
project finance to assist in the underwriting and servicing of Federal
credit instruments.
‘‘§ 186. State and local permits
‘‘The provision of financial assistance under this subchapter
with respect to a project shall not—
‘‘(1) relieve any recipient of the assistance of any obligation
to obtain any required State or local permit or approval with
respect to the project;
‘‘(2) limit the right of any unit of State or local government
to approve or regulate any rate of return on private equity
invested in the project; or
‘‘(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation of
the project.
‘‘§ 187. Regulations
‘‘The Secretary may issue such regulations as the Secretary
determines appropriate to carry out this subchapter.
‘‘§ 188. Funding
‘‘(a) FUNDING.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subchapter—
‘‘(A) $80,000,000 for fiscal year 1999;
‘‘(B) $90,000,000 for fiscal year 2000;

112 STAT. 250

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(C) $110,000,000 for fiscal year 2001;
‘‘(D) $120,000,000 for fiscal year 2002; and
‘‘(E) $130,000,000 for fiscal year 2003.
‘‘(2) ADMINISTRATIVE COSTS.—From funds made available
under paragraph (1), the Secretary may use, for the administration of this subchapter, not more than $2,000,000 for each
of fiscal years 1998 through 2003.
‘‘(3) AVAILABILITY.—Amounts made available under paragraph (1) shall remain available until expended.
‘‘(b) CONTRACT AUTHORITY.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, approval by the Secretary of a Federal credit instrument
that uses funds made available under this subchapter shall
be deemed to be acceptance by the United States of a contractual obligation to fund the Federal credit instrument.
‘‘(2) AVAILABILITY.—Amounts authorized under this section
for a fiscal year shall be available for obligation on October
1 of the fiscal year.
‘‘(c) LIMITATIONS ON CREDIT AMOUNTS.—For each of fiscal years
1998 through 2003, principal amounts of Federal credit instruments
made available under this subchapter shall be limited to the
amounts specified in the following table:
Maximum amount
‘‘Fiscal year:
of credit:
1998 ..................................................................................................... $1,200,000,000
1999 ..................................................................................................... $1,200,000,000
2000 ..................................................................................................... $1,800,000,000
2001 ..................................................................................................... $1,800,000,000
2002 ..................................................................................................... $2,300,000,000
2003 ..................................................................................................... $2,300,000,000.

‘‘§ 189. Report to Congress
‘‘Not later than 4 years after the date of enactment of this
subchapter, the Secretary shall submit to Congress a report
summarizing the financial performance of the projects that are
receiving, or have received, assistance under this subchapter,
including a recommendation as to whether the objectives of this
subchapter are best served—
‘‘(1) by continuing the program under the authority of
the Secretary;
‘‘(2) by establishing a Government corporation or Government-sponsored enterprise to administer the program; or
‘‘(3) by phasing out the program and relying on the capital
markets to fund the types of infrastructure investments assisted
by this subchapter without Federal participation.’’.
(b) CONFORMING AMENDMENTS.—Chapter 1 of title 23, United
States Code, is amended—
(1) in the analysis—
(A) by inserting before ‘‘Sec.’’ the following:
‘‘SUBCHAPTER I—GENERAL PROVISIONS’’;

and
(B) by adding at the end the following:
‘‘181.
‘‘182.
‘‘183.
‘‘184.
‘‘185.

‘‘SUBCHAPTER II—INFRASTRUCTURE FINANCE
Definitions.
Determination of eligibility and project selection.
Secured loans.
Lines of credit.
Project servicing.

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘186.
‘‘187.
‘‘188.
‘‘189.

112 STAT. 251

State and local permits.
Regulations.
Funding.
Report to Congress.’’;

and
(2) by inserting before section 101 the following:
‘‘SUBCHAPTER I—GENERAL PROVISIONS’’.
SEC. 1504. DUTIES OF THE SECRETARY.

Section 301 of title 49, United States Code, is amended—
(1) in paragraph (7) by striking ‘‘and’’ at the end;
(2) in paragraph (8) by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(9) develop and coordinate Federal policy on financing
transportation infrastructure, including the provision of direct
Federal credit assistance and other techniques used to leverage
Federal transportation funds.’’.
CHAPTER 2—STATE INFRASTRUCTURE BANK PILOT
PROGRAM
SEC. 1511. STATE INFRASTRUCTURE BANK PILOT PROGRAM.

(a) DEFINITIONS.—In this section:
(1) OTHER ASSISTANCE.—The term ‘‘other assistance’’
includes any use of funds in an infrastructure bank—
(A) to provide credit enhancements;
(B) to serve as a capital reserve for bond or debt
instrument financing;
(C) to subsidize interest rates;
(D) to ensure the issuance of letters of credit and
credit instruments;
(E) to finance purchase and lease agreements with
respect to transit projects;
(F) to provide bond or debt financing instrument security; and
(G) to provide other forms of debt financing and methods of leveraging funds that are approved by the Secretary
and that relate to the project with respect to which the
assistance is being provided.
(2) STATE.—The term ‘‘State’’ has the meaning given the
term under section 401 of title 23, United States Code.
(b) COOPERATIVE AGREEMENTS.—
(1) IN GENERAL.—
(A) PURPOSE OF AGREEMENTS.—Subject to this section,
the Secretary may enter into cooperative agreements with
the States of California, Florida, Missouri, and Rhode
Island for the establishment of State infrastructure banks
and multistate infrastructure banks for making loans and
providing other assistance to public and private entities
carrying out or proposing to carry out projects eligible
for assistance under this section.
(B) CONTENTS OF AGREEMENTS.—Each cooperative
agreement shall specify procedures and guidelines for
establishing, operating, and providing assistance from the
infrastructure bank.

23 USC 181 note.

112 STAT. 252

PUBLIC LAW 105–178—JUNE 9, 1998
(2) INTERSTATE COMPACTS.—If 2 or more States enter into
a cooperative agreement under paragraph (1) with the Secretary
for the establishment of a multistate infrastructure bank, Congress grants consent to those States to enter into an interstate
compact establishing the bank in accordance with this section.
(c) FUNDING.—
(1) CONTRIBUTION.—Notwithstanding any other provision
of law, the Secretary may allow, subject to subsection (h)(1),
a State that enters into a cooperative agreement under this
section to contribute to the infrastructure bank established
by the State not to exceed—
(A)(i) the total amount of funds apportioned to the
State under each of paragraphs (1), (3), and (4) of section
104(b) and section 144 of title 23, United States Code,
excluding funds set aside under paragraphs (1) and (2)
of section 133(d) of such title; and
(ii) the total amount of funds allocated to the State
under section 105 of such title;
(B) the total amount of funds made available to the
State or other Federal transit grant recipient for capital
projects (as defined in section 5302 of title 49, United
States Code) under sections 5307, 5309, and 5311 of such
title; and
(C) the total amount of funds made available to the
State under subtitle V of title 49, United States Code.
(2) CAPITALIZATION GRANT.—For the purposes of this section, Federal funds contributed to the infrastructure bank under
this subsection shall constitute a capitalization grant for the
infrastructure bank.
(3) SPECIAL RULE FOR URBANIZED AREAS OF OVER 200,000.—
Funds that are apportioned or allocated to a State under section
104(b)(3) of title 23, United States Code, and attributed to
urbanized areas of a State with a population of over 200,000
individuals under section 133(d)(2) of such title may be used
to provide assistance from an infrastructure bank under this
section with respect to a project only if the metropolitan planning organization designated for the area concurs, in writing,
with the provision of the assistance.
(d) FORMS OF ASSISTANCE FROM INFRASTRUCTURE BANKS.—
(1) IN GENERAL.—An infrastructure bank established under
this section may make loans or provide other assistance to
a public or private entity in an amount equal to all or part
of the cost of carrying out a project eligible for assistance
under this section.
(2) SUBORDINATION OF LOANS.—The amount of any loan
or other assistance provided for the project may be subordinated
to any other debt financing for the project.
(3) INITIAL ASSISTANCE.—Initial assistance provided with
respect to a project from Federal funds contributed to an infrastructure bank under this section shall not be made in the
form of a grant.
(e) QUALIFYING PROJECTS.—
(1) IN GENERAL.—Subject to paragraph (2), funds in an
infrastructure bank established under this section may be used
only to provide assistance with respect to projects eligible for
assistance under title 23, United States Code, for capital
projects (as defined in section 5302 of title 49, United States

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 253

Code), or for any other project related to surface transportation
that the Secretary determines to be appropriate.
(2) INTERSTATE FUNDS.—Funds contributed to an infrastructure bank from funds apportioned to a State under section
104(b)(4) of title 23, United States Code, may be used only
to provide assistance with respect to projects eligible for assistance under such paragraph.
(3) RAIL PROGRAM FUNDS.—Funds contributed to an infrastructure bank from funds made available to a State under
subtitle V of title 49, United States Code, shall be used in
a manner consistent with any project description specified
under the law making the funds available to the State.
(f) INFRASTRUCTURE BANK REQUIREMENTS.—
(1) IN GENERAL.—Subject to paragraph (2), in order to
establish an infrastructure bank under this section, each State
establishing such a bank shall—
(A) contribute, at a minimum, to the bank from nonFederal sources an amount equal to 25 percent of the
amount of each capitalization grant made to the State
and contributed to the bank under subsection (c), except
that if the State has a higher Federal share payable under
section 120(b) of title 23, United States Code, the State
shall be required to contribute only an amount commensurate with the higher Federal share;
(B) ensure that the bank maintains on a continuing
basis an investment grade rating on its debt issuances
and its ability to pay claims under credit enhancement
programs of the bank;
(C) ensure that investment income generated by funds
contributed to the bank will be—
(i) credited to the bank;
(ii) available for use in providing loans and other
assistance to projects eligible for assistance from the
bank; and
(iii) invested in United States Treasury securities,
bank deposits, or such other financing instruments
as the Secretary may approve to earn interest to
enhance the leveraging of projects assisted by the bank;
(D) ensure that any loan from the bank will bear
interest at or below market rates, as determined by the
State, to make the project that is the subject of the loan
feasible;
(E) ensure that repayment of the loan from the bank
will commence not later than 5 years after the project
has been completed or, in the case of a highway project,
the facility has opened to traffic, whichever is later;
(F) ensure that the term for repaying any loan will
not exceed the lesser of—
(i) 35 years after the date of the first payment
on the loan under subparagraph (E); or
(ii) the useful life of the investment; and
(G) require the bank to make a biennial report to
the Secretary and to make such other reports as the Secretary may require in guidelines.
(2) WAIVERS BY THE SECRETARY.—The Secretary may waive
a requirement of any of subparagraphs (C) through (G) of
paragraph (1) with respect to an infrastructure bank if the

112 STAT. 254

PUBLIC LAW 105–178—JUNE 9, 1998

Secretary determines that the waiver is consistent with the
objectives of this section.
(g) LIMITATION ON REPAYMENTS.—Notwithstanding any other
provision of law, the repayment of a loan or other assistance provided from an infrastructure bank under this section may not
be credited toward the non-Federal share of the cost of any project.
(h) SECRETARIAL REQUIREMENTS.—In administering this section, the Secretary shall—
(1) ensure that Federal disbursements shall be at an annual
rate of not more than 20 percent of the amount designated
by the State for State infrastructure bank capitalization under
subsection (c)(1), except that the Secretary may disburse funds
to a State in an amount needed to finance a specific project;
and
(2) revise cooperative agreements entered into with States
under section 350 of the National Highway System Designation
Act of 1995 (Public Law 104–59) to comply with this section.
(i) APPLICABILITY OF FEDERAL LAW.—
(1) IN GENERAL.—The requirements of titles 23 and 49,
United States Code, that would otherwise apply to funds made
available under such title and projects assisted with those
funds shall apply to—
(A) funds made available under such title and contributed to an infrastructure bank established under this section, including the non-Federal contribution required under
subsection (f); and
(B) projects assisted by the bank through the use of
the funds;
except to the extent that the Secretary determines that any
requirement of such title (other than sections 113 and 114
of title 23 and section 5333 of title 49), is not consistent with
the objectives of this section.
(2) REPAYMENTS.—The requirements of titles 23 and 49,
United States Code, shall apply to repayments from non-Federal sources to an infrastructure bank from projects assisted
by the bank. Such a repayment shall be considered to be
Federal funds.
(j) UNITED STATES NOT OBLIGATED.—
(1) IN GENERAL.—The contribution of Federal funds to an
infrastructure bank established under this section shall not
be construed as a commitment, guarantee, or obligation on
the part of the United States to any third party. No third
party shall have any right against the United States for payment solely by virtue of the contribution.
(2) STATEMENT.—Any security or debt financing instrument
issued by the infrastructure bank shall expressly state that
the security or instrument does not constitute a commitment,
guarantee, or obligation of the United States.
(k) MANAGEMENT OF FEDERAL FUNDS.—Sections 3335 and 6503
of title 31, United States Code, shall not apply to funds contributed
under this section.
(l) PROGRAM ADMINISTRATION.—
(1) IN GENERAL.—A State may expend not to exceed 2
percent of the Federal funds contributed to an infrastructure
bank established by the State under this section to pay the
reasonable costs of administering the bank.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 255

(2) NON-FEDERAL FUNDS.—The limitation described in paragraph (1) shall not apply to non-Federal funds.

Subtitle F—High Priority Projects
SEC. 1601. HIGH PRIORITY PROJECTS PROGRAM.

(a) IN GENERAL.—Chapter 1 of title 23, United States Code,
is amended by striking section 117 and inserting the following:
‘‘§ 117. High priority projects program
‘‘(a) AUTHORIZATION OF HIGH PRIORITY PROJECTS.—The Secretary is authorized to carry out high priority projects with funds
made available to carry out the high priority projects program
under this section. Of amounts made available to carry out this
section, the Secretary, subject to subsection (b), shall make available
to carry out each project described in section 1602 of the Transportation Equity Act for the 21st Century the amount listed for such
project in such section. Any amounts made available to carry out
such program that are not allocated for projects described in such
section shall be available to the Secretary, subject to subsection
(b), to carry out such other high priority projects as the Secretary
determines appropriate.
‘‘(b) ALLOCATION PERCENTAGES.—For each project to be carried
out with funds made available to carry out the high priority projects
program under this section—
‘‘(1) 11 percent of such amount shall be available for obligation beginning in fiscal year 1998;
‘‘(2) 15 percent of such amount shall be available for obligation beginning in fiscal year 1999;
‘‘(3) 18 percent of such amount shall be available for obligation beginning in fiscal year 2000;
‘‘(4) 18 percent of such amount shall be available for obligation beginning in fiscal year 2001;
‘‘(5) 19 percent of such amount shall be available for obligation beginning in fiscal year 2002; and
‘‘(6) 19 percent of such amount shall be available for obligation beginning in fiscal year 2003.
‘‘(c) FEDERAL SHARE.—The Federal share payable on account
of any project carried out with funds made available to carry out
this section shall be 80 percent of the total cost thereof.
‘‘(d) DELEGATION TO STATES.—Subject to the provisions of this
title, the Secretary shall delegate responsibility for carrying out
a project or projects, with funds made available to carry out this
section, to the State in which such project or projects are located
upon request of such State.
‘‘(e) ADVANCE CONSTRUCTION.—When a State which has been
delegated responsibility for a project under this section—
‘‘(1) has obligated all funds allocated under this section
and section 1602 of the Transportation Equity Act for the
21st Century for 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;

112 STAT. 256

23 USC 145.

PUBLIC LAW 105–178—JUNE 9, 1998

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 and section 1602 of the Transportation Equity
Act for the 21st Century.
‘‘(f) PERIOD OF AVAILABILITY.—Funds made available to carry
out this section shall remain available until expended.
‘‘(g) AVAILABILITY OF OBLIGATION LIMITATION.—Obligation
authority attributable to funds made available to carry out this
section shall only be available for the purposes of this section
and shall remain available until obligated pursuant to section
1102(g) of the Transportation Equity Act for the 21st Century.
‘‘(h) TREATMENT.—Funds allocated to a State in accordance
with this section shall be treated as amounts in addition to the
amounts a State is apportioned under sections 104, 105, and 144
for programmatic purposes.’’.
(b) PURPOSE OF PROJECTS.—Section 145 of such title is
amended—
(1) by inserting ‘‘(a) PROTECTION OF STATE SOVEREIGNTY.—’’ before ‘‘The authorization’’; and
(2) by adding at the end the following:
‘‘(b) PURPOSE OF PROJECTS.—The projects described in section
1602 of the Transportation Equity Act for the 21st Century, sections
1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027 et seq.), and section 149(a)
of the Surface Transportation and Uniform Relocation Assistance
Act of 1987 (101 Stat. 181 et seq.) are intended to establish eligibility for Federal-aid highway funds made available for such projects
by section 1101(a)(13) of the Transportation Equity Act for the
21st Century, 117 of title 23, United States Code, sections 1103
through 1108 of the Intermodal Surface Transportation Efficiency
Act of 1991, and subsections (b), (c), and (d) of section 149 of
the Surface Transportation and Uniform Relocation Assistance Act
of 1987, respectively, and are not intended to define the scope
or limits of Federal action in a manner inconsistent with subsection
(a).’’.
(c) CONFORMING AMENDMENT.—The analysis for chapter 1 of
such title is amended by striking the item relating to section 117
and inserting the following:
‘‘117. High priority projects program.’’.
SEC. 1602. PROJECT AUTHORIZATIONS.

Subject to section 117 of title 23, United States Code, the
amount listed for each high priority project in the following table
shall be available (from amounts made available by section
1101(a)(13) of the Transportation Equity Act for the 21st Century)
for fiscal years 1998 through 2003 to carry out each such project:

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1.

Georgia ..................

2.

Ohio ........................

3.

Virginia ..................

4.

Michigan ................

5.
6.

California ...............
Utah .......................

7.

Ohio ........................

8.

Tennessee ..............

9.

New York ...............

10.
11.
12.

New York ...............
California ...............
Texas ......................

13.

Washington ...........

14.

Ohio ........................

15.
16.

New York ...............
California ...............

17.

New York ...............

18.

Tennessee ..............

19.

New Jersey ............

20.

Pennsylvania .........

21.
22.

Louisiana ...............
Arkansas ................

23.

Georgia ..................

24.

California ...............

25.

Ohio ........................

26.

Virginia ..................

27.

California ...............

28.

Nevada ...................

29.

California ...............

I–75 advanced transportation management system in Cobb County ..................
Relocate Washington Street/SR 149 within
Bellaire city limits in Belmont County ..
Commuter and freight rail congestion and
mitigation project over Quantico Creek
Construct bike path between Mount
Clemens and New Baltimore ..................
Extend I–10 HOV lanes, Los Angeles ........
Reconstruct U.S. 89 and interchange at
200 North in Kaysville ............................
Upgrade North Road between U.S. 422
and East Market Street, Trumbull
County .......................................................
Alternative transportation systems, Rutherford .........................................................
Improve Long Ridge Road from Pound
Ridge Road to Connecticut State line ....
I–87 Noise Abatement Program .................
Upgrade access road to Mare Island ..........
Reconstruct FM 364 between Humble
Road and I–10, Beaumont .......................
Construct pedestrian access and safety on
Deception Pass Bridge, Deception Pass
State Park, Washington ..........................
Conduct feasibility study for inclusion of
U.S. 22 as part of the Interstate System
Improve Route 9 in Dutchess County ........
Reconstruct State Route 81 (Sierra Avenue) and I–10 Interchange in Fontana ..
Reconstruct Springfield Boulevard between the Long Island Rail main line
south to Rockaway Boulevard, Queens
County .......................................................
Reconstruction of U.S. 414 in Henderson
County .......................................................
Upgrade Market Street/Essex Street and
Rochelle Avenue/Main Street to facilitate access to Routes 17 and 80, Bergen
County .......................................................
U.S. 209 Marshall’s Creek Traffic Relief
project in Monroe County ........................
Replace ferry in Plaquemines Parish .........
Construct access routes between interstate highway, industrial park and
Slackwater Harbor, Little Rock ..............
Reconstruct SR 26/U.S. 60 from Bull River
to Lazaretto Creek ...................................
Improve SR 91/Green River Road interchange .......................................................
Construct new bridge over Muskingum
River and highway approaches, Washington County ...........................................
Widen Route 123 from Prince William
County line to State Route 645 in Fairfax County, Virginia ................................
Improve the interchange at Cabo and
Nason Street in Moreno Valley ...............
Canamex Corridor Innovative Urban Renovation project in Henderson ..................
Construct bikeways, Santa Maria ..............

112 STAT. 257
(Dollars in
millions)

1.275
2
7.5
3.75
2.205
5.25
1.2
5.1
1.4
7.5
0.75
3.6
1
0.1
1.14
7.5

3
3.75

3.75
7.5
1.6125
0.75
2.6625
4.875
1.5
7.5
4.5
5.25
0.384

112 STAT. 258

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

30.

Louisiana ...............

31.

Florida ...................

32.

Oregon ...................

33.

Illinois ....................

34.
35.

Pennsylvania .........
California ...............

36.

New Jersey ............

37.

Oregon ...................

38.

Ohio ........................

39.

Connecticut ............

40.

Alaska ....................

41.

New York ...............

42.

Virginia ..................

43.
44.

Pennsylvania .........
New York ...............

45.

Pennsylvania .........

46.

Nebraska ...............

47.

Pennsylvania .........

48.

Pennsylvania .........

49.
50.

Connecticut ............
Tennessee ..............

51.

Pennsylvania .........

52.

Oregon ...................

53.

Washington ...........

54.

New York ...............

Expand Harding Road from Scenic Highway to the Mississippi River and construct an information center ...................
West Palm Beach Traffic Calming Project
on U.S. 1 and Flagur Drive .....................
Construct bike path paralleling 42nd
Street to link with existing bike path,
Springfield ................................................
Construct elevated walkway between Centre Station and arena ..............................
Construct Ardmore Streetscape project .....
Construct San Diego and Arizona Eastern
Intermodal Yard, San Ysidro ..................
Replace Clove Road bridge over tributary
of Mill Brook and Clove Brook in Sussex
County .......................................................
Design and engineering for Newberg—
Dundee Bypass .........................................
Upgrade U.S. Route 33 between vicinity of
Haydenville to Floodwood (Nelsonville
Bypass) ......................................................
Revise interchange ramp on to Route 72
northbound from I–84 East in Plainville, Connecticut .....................................
Construct Spruce Creek Bridge in
Soldotna ....................................................
Undertake studies, planning, engineering,
design and construction of a tunnel alternative to reconstruction of existing
elevated expressway (Gowanus tunnel
project) ......................................................
Reconstruct SR 168 (Battlefield Boulevard) in Chesapeake ................................
Upgrade PA 228 (Crows Run Corridor) .....
Upgrade and improve Saratoga to Albany
intermodal transportation corridor .........
Widen Montgomery Alley and improve pedestrian and parking facilites in the vicinity of the Falling Spring, Chambersburg ...........................................................
Corridor study for Plattsmouth Bridge
area to U.S. 75 and Horning Road .........
Construct SR 3019 over Great Trough
Creek in Huntingdon County ..................
Improve PA 56 from I–99 to Somerset
County Line in Bedford County ..............
Replace Windham Road bridge, Windham
Upgrade Briley Parkway between I–40
and Opryland ...........................................
Renovate Harrisburg Transportation Center in Dauphin County ............................
Construct phase I: Highway 99 to Biddle
Road of the Highway 62 corridor solutions project ..............................................
Construct traffic signals on U.S. 2 at Olds
Owens Road and 5th Street in Sultan,
Washington ...............................................
Upgrade Route 17 between Five Mile
Point and Occanum, Broome County .....

(Dollars in
millions)

2.7
11.25

0.6
0.9
0.45
10

0.75
0.375

3.75

2.8125
0.2625

18
6
5.4
12.2

2
0.2625
0.375
0.75
1.5
4.2
1.875

15.625

0.257
12.6

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

55.

Texas ......................

56.

Tennessee ..............

57.

Minnesota ..............

58.
59.

Minnesota ..............
Tennessee ..............

60.

California ...............

61.

Iowa .......................

62.
63.

Texas ......................
Ohio ........................

64.
65.

Indiana ..................
California ...............

66.

Pennsylvania .........

67.

Michigan ................

68.
69.

Pennsylvania .........
California ...............

70.
71.

New York ...............
Ohio ........................

72.
73.

Virginia ..................
Washington ...........

74.

New York ...............

75.

New York ...............

76.

Illinois ....................

77.

Michigan ................

78.

California ...............

79.
80.

New Mexico ...........
Pennsylvania .........

81.

Michigan ................

82.
83.

Georgia ..................
North Carolina ......

Improve U.S. 82, East-West Freeway between Memphis Avenue and University
Avenue ......................................................
Construct Stones River Greenway, Davidson .............................................................
Conduct study of potential for diversion of
traffic from the I–35 corridor to commuter rail, Chicago County north of
Forest Lake along I–35 corridor to Rush
City ............................................................
Upgrade 10th Street South, Street Cloud
Improve State Road 95 from Westover
Drive to SR 62 in Roane and Anderson
Counties ....................................................
Construct Ontario International Airport
ground access program ............................
Construct four-lane expressway between
Des Moines and Marshalltown ...............
Upgrade FM 225, Nacogdoches ..................
Upgrade U.S. Route 35 between vicinity of
Chillicothe to Village of Richmond Dale
Upgrade 93rd Avenue in Merrillville .........
Improve streets and construct bicycle
path, Westlake Village ............................
Upgrade I–95 between Lehigh Avenue
and Columbia Avenue and improvements to Girard Avenue/I–95 interchange, Philadelphia ................................
Construct I–96/Beck Wixom Road interchange .......................................................
Construct I–95/Route 332 interchange ......
Improve streets and construct bicycle
path, Calabasas ........................................
Construct Hutton Bridge Project ...............
Restore Main and First Streets to twoway traffic, Miamisburg ..........................
Widen I–64 Bland Boulevard interchange
Widen Cook Road in Skagit County,
Washington ...............................................
Construct interchange and connector road
using ITS testbed capabilities at I–90
Exit 8 ........................................................
Construct Edgewater Road Dedicated
Truck Route ..............................................
Upgrade Illinois 336 between Illinois 61 to
south of Loraine .......................................
Reconstruct Bagley Street and improve
Genschaw Road, Alpena ..........................
Construct Third Street South Bay Basin
Bridge, San Francisco ..............................
Improve I–25 at Raton Pass .......................
Construct Mon-Fayette Expressway between Union Town and Brownsville ......
Upgrade Hill Road corridor between I–75
to Dort Highway, Genesee County .........
Improve GA 316 in Gwinnett County ........
Construct segment of new freeway, including right-of-way acquisition, between
East of U.S. 401 to I–95, and bridge
over Cape Fear River ...............................

112 STAT. 259
(Dollars in
millions)

12.3
8.2

0.375
1.125
3.675
10.5
7.5
3
3.75
4.425
0.236

21.45
1.95
1.5
0.75
1
0.3375
25.8375
3.1
8.775
9
3.825
0.45
9.375
9
20
2.25
30.675

12

112 STAT. 260

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

84.

Florida ...................

85.

Illinois ....................

86.

South Carolina ......

87.

New York ...............

88.

Maine .....................

89.

Massachusetts .......

90.

Connecticut ............

91.

Texas ......................

92.

Texas ......................

93.

Illinois ....................

94.

Pennsylvania .........

95.

Michigan ................

96.

North Carolina ......

97.

Tennessee ..............

98.

Virginia ..................

99.

Pennsylvania .........

100.

Minnesota ..............

101.

Georgia ..................

102.

Alabama .................

103.

Texas ......................

104.

New York ...............

105.

Ohio ........................

106.

California ...............

107.
108.

Indiana ..................
Illinois ....................

Construct U.S. 98/Thomas Drive interchange .......................................................
Construct I–64/North Greenmount Road
interchange, St. Clair County .................
Three River Greenway Project to and from
Gervals Street in Columbia .....................
Upgrade Chenango County Route 32 in
Norwich .....................................................
Construct I–95/Stillwater Avenue interchange .......................................................
Construct I–495/Route 2 interchange east
of existing interchange to provide access
to commuter rail station, Littleton .........
Construct Seaview Avenue Corridor
project .......................................................
Construct transportation improvements as
part of redevelopment of Kelly AFB,
San Antonio ..............................................
Conduct pipeline express study through
Texas Transportation Institute (A&M
University) ................................................
Undertake improvements to Campus
Transportation System, Chicago .............
Improve walking and biking trails between Easton and Lehigh Gorge State
Park within the Delaware and Lehigh
Canal National Heritage Corridor ..........
Upgrade and make improvements to the
Walton Corridor project including segments of Walton Boulevard, Baldwin
and Joslyn Roads, and Telegraph Road
Construct Charlotte Western Outer Loop
freeway, Mecklenburg County ................
Reconstruct U.S. 79 between Milan and
McKenzie ..................................................
Undertake access improvements for Freemason Harbor Development Initiative,
Norfolk ......................................................
Upgrade U.S. Route 119 between Homer
City and Blairsville ..................................
Construct pedestrian bridge over TH 169
in Elk River ..............................................
Construct Athens to Atlanta Transportation Corridor .........................................
Initiate construction on controlled access
highway between the Eastern edge of
Madison County and Mississippi State
line ............................................................
Construct improvments along U.S. 69 including frontage roads, Jefferson County ...............................................................
Rehabilitate Broadway Bridge, New York
City ............................................................
Reconstruct Morgan County 37 in Morgan
County .......................................................
Improve Mission Boulevard in San
Bernardino, California .............................
Widen 116th Street in Carmel ...................
Undertake traffic mitigation and circulation enhancements, 57th and Lake
Shore Drive ...............................................

(Dollars in
millions)

8.25
3.6
3.75
1.6
1.5
3.15
2.5
3.75
1.125
1.5

2.1

10.5
12
3
1.5
3.05
0.53025
6

3
5.76
1.5
0.4
0.5
1.125
2

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

109.

Georgia ..................

110.

Ohio ........................

111.

Kentucky ...............

112.

Illinois ....................

113.
114.

Minnesota ..............
Kentucky ...............

115.

South Dakota ........

116.

Georgia ..................

117.

Pennsylvania .........

118.

Georgia ..................

119.

New Jersey ............

120.

Mississippi .............

121.

New Jersey ............

122.

Pennsylvania .........

123.

Idaho ......................

124.

Illinois ....................

125.
126.

Illinois ....................
Minnesota ..............

127.

Kentucky ...............

128.

Texas ......................

129.

Massachusetts .......

130.
131.

New York ...............
Virginia ..................

132.

Illinois ....................

133.

Illinois ....................

134.

Pennsylvania .........

Construct Rome to Memphis Highway in
Floyd and Bartow Counties .....................
Construct highway-rail grade separations
on Snow Road in Brook Park ..................
Construct highway-rail grade separations
along the City Lead in Paducah .............
Resurface S. Chicago Avenue from 71st to
95th Streets, Chicago ...............................
Upgrade TH 13 between TH 77 and I–494
Redevelop and improve ground access to
Louisville Waterfront District in Louisville, Kentucky .........................................
Construct U.S. 16 Hell Canyon Bridge and
approaches in Custer County ..................
Resurface Davis Drive, Green Street, and
North Houston Road in Warner Robins
Construct highway-transit transfer facility
in Lemoyne ...............................................
Upgrade I–75 between the Crisp/Dooly
County line to the Florida State line .....
Conduct Route 46 Corridor Improvement
Project with the amount provided,
$8,625,000 for the Route 46/Riverview
Drive
Interchange
reconstruction
project, $12,675,000 for the Route 46/
Van Houton Avenue reconstruction
project, and $3,075,000 for the Route
46/Union Boulevard interchange reconstruction project .......................................
Construct segment 2 of the Jackson University Parkway in Jackson ....................
Improve grade separations on the Garden
State Parkway in Cape May County,
New Jersey ...............................................
Construct access to site of former Philadelphia Naval Shipyard and Base,
Philadelphia .............................................
Reconstruct U.S. 95 from Bellgrove to
Mica ...........................................................
Improve access to 93rd Street Station,
Chicago .....................................................
Rehabilitate WPA Streets in Chicago ........
Construct grade crossing improvements,
Morrison County ......................................
Extend Hurstbourne Parkway from
Bardstown Road to Fern Valley Road ....
Upgrade SH 130 in Caldwell and
Williamson Counties ................................
Construct bikeway between Blackstone
and Worcester ..........................................
Rehabilitate roads, Village of Great Neck
Widen I–81 in Roanoke and Botetourt
Counties and in Rockbridge, Augusta
and Rockingham Counties ......................
Construct an interchange at I–90 and Illinois Route 173 in Rockford .....................
Engineering for Peoria to Chicago expressway ............................................................
Construct access improvements between
exits 56 and 57 off I–81 in Lackawanna

112 STAT. 261
(Dollars in
millions)

0.584
4.75
0.825
0.795
1.5
2.84
0.441
0.3
1.5
8.25

24.375
0.6875
10.5
1.5
9
2.25
4.7
1.35
4.56
0.75
6
0.12
4
5.625
5
1.275

112 STAT. 262

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

135.

California ...............

136.

Michigan ................

137.

Illinois ....................

138.

New York ...............

139.

Minnesota ..............

140.

Pennsylvania .........

141.

Illinois ....................

142.

Missouri .................

143.

Michigan ................

144.

Louisiana ...............

145.

Tennessee ..............

146.
147.

Texas ......................
Pennsylvania .........

148.

Tennessee ..............

149.

Illinois ....................

150.

Indiana ..................

151.

Georgia ..................

152.

Arkansas ................

153.

Tennessee ..............

154.

Missouri .................

155.

Minnesota ..............

156.

Alabama .................

157.

Michigan ................

158.

Illinois ....................

159.

New York ...............

160.

New York ...............

161.

California ...............

Reconstruct Tennessee Valley Bridge,
Marin County ...........................................
Improvements to Card Road between 21
Mile Road and 23 Mile Road in Macomb
County .......................................................
Construct Veterans Parkway from Eastland Drive to Commerce Parkway in
Bloomington .............................................
Conduct safety study and improve I–90 in
Downtown Buffalo ....................................
Upgrade CSAH 1 from CSAH 61 to 0.8
miles north ...............................................
Construct access road and parking facilities, Valley Forge National Historic
Park, Valley Forge ...................................
Construct Orchard Road Bridge over the
Fox River ..................................................
Construct U.S. 412 corridor from Kennett
to Hayti, Missouri ....................................
Upgrade M 84 connector between
Tittabawasee Road and M 13, Bay and
Saginaw Counties ....................................
Increase capacity of Lake Pontchartrain
Causeway ..................................................
Improve the Elizabethon Connector from
U.S. 312 to U.S. 19 East .........................
Construct Austin to San Antonio Corridor
Make safety improvements on PA Route
61 (Dusselfink Safety Project) between
Route 183 in Cressona and SR 0215 in
Mount Carbon ..........................................
Improve State Route 92 from I–40 to
South of Jefferson City ............................
Planning, engineering and first phase construction of beltway connector, Decatur
Safety improvements to McKinley and
Riverside Avenues in Muncie ..................
Widen Georgia Route 6/U.S. 278 in Polk
County .......................................................
Widen 28th Street and related improvements in Van Buren, Arkansas ..............
Reconstruct Old Walland Highway bridge
over Little River in Townsend ................
Construct Highway 36 Hannibal Bridge
and approaches in Marion County .........
Construct Cass County Public Trails Corridors .........................................................
Construct Eastern Black Warrior River
Bridge ........................................................
Construct Monroe Rail Consolidation
Project, Monroe ........................................
Rehabilitate 95th Street between 54th
Place and 50th Avenue, Oak Lawn ........
Construct Hamilton Street interchange in
Erwin, New York .....................................
Improve 6th and Columbia Street project
in Elmira ..................................................
Enhance Fort Bragg and Willitis passenger stations .........................................

(Dollars in
millions)

0.75

0.975

7.88
0.4
0.36

3
5.25
6

13.135
1
6.3375
5.625

7
3.4125
2
6.825
5.666
0.75
1.26
2.4
0.18
13
4.5
0.6
12.375
0.525
0.275

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

162.

New York ...............

163.

New Jersey ............

164.

Pennsylvania .........

165.

Wyoming ................

166.

Michigan ................

167.

Michigan ................

168.

Illinois ....................

169.
170.

Vermont .................
Massachusetts .......

171.

Oregon ...................

172.

Massachusetts .......

173.

California ...............

174.

Arkansas ................

175.

Ohio ........................

176.
177.

California ...............
Illinois ....................

178.

Georgia ..................

179.
180.

Illinois ....................
Tennessee ..............

181.
182.

Washington ...........
Virginia ..................

183.

Iowa .......................

184.

Oregon ...................

185.

New Jersey ............

186.

Ohio ........................

187.

California ...............

Capital improvements for the car float operations in Brooklyn, New York, for the
New York City Economic Development
Corp ...........................................................
Construct New Jersey Exit 13A Flyover
(extension of Kapowski Road to Trumbull Street) ................................................
Relocate U.S. 22 around the Borough of
Holidaysburg, PA, or other projects in
the counties of Bedford, Blair, Centre,
Franklin, Mifflin, Fulton and Clearfield,
and Huntingdon as selected by the
Commonwealth of Pennsylvania .............
Construct Jackson-Teton Pathway in
Teton County ............................................
Construct improvements to 23 Mile Road
between Mound Road and M 53,
Macomb County .......................................
Early preliminary engineering/preliminary
engineering to U.S. 131 B.R./Industrial
Connector, Kalamazoo, Michigan ...........
Construct improvements to segment of
Town Creek Road, Jackson County ........
Replace Missisquoi Bay Bridge ..................
Upgrade Sacramento Street underpass,
Somerville .................................................
Study and design I–5/Beltline Road interchange reconstruction ..............................
Construct accessibility improvments to
Charles Street T Station, Boston ............
Widen and improve I–5/State Route 126
interchange in Valencia ...........................
Widen Highway 65/82 from Pine Bluff to
the Mississippi State line ........................
Rehabilitate Martin Luther King, Jr.
Bridge, Toledo ..........................................
Upgrade I–880, Alameda ............................
Right-of-way acquisition for segment of
Alton Bypass between Illinois 143 to Illinois 140 near Alton ...............................
Conduct study of a multimodal transportation corridor along GA 400 ..................
Reconstruct Dixie Highway, Harvey ..........
Construct State Route 131 from Gill Road
to Bishop Road .........................................
Construct Port of Kalama River Bridge ....
Upgrade Virginia Route 10, Surrey County ...............................................................
Reconstruct U.S. Highway 218 between
7th and 20th Streets inlcuding center
turn lane from Hubenthal Place to Carbide Lane, Keokuk ...................................
Repair bridge over Rogue River, Gold
Beach ........................................................
Construct pedestrian bridge in Washington Township ............................................
Construct Chesapeake Bypass, Lawrence
County .......................................................
Rehabilitate historic train depot in San
Bernadino .................................................

112 STAT. 263
(Dollars in
millions)

14
2

25
1.5
2.25
1.5
0.975
12
0.1875
3
3
10.425
5.375
1.5
7.5
3
17.25
0.3705
1.8
0.675
0.75

2.5
10
2.25
3.75
2.625

112 STAT. 264

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

188.

Michigan ................

189.
190.

Alabama .................
New York ...............

191.

Rhode Island .........

192.

Michigan ................

193.

California ...............

194.

Michigan ................

195.

Illinois ....................

196.
197.

Texas ......................
Mississippi .............

198.
199.

California ...............
Washington ...........

200.

Minnesota ..............

201.

Illinois ....................

202.

Louisiana ...............

203.

Illinois ....................

204.

New York ...............

205.

North Carolina ......

206.

Alabama .................

207.
208.
209.

South Dakota ........
Ohio ........................
Mississippi .............

210.

Wisconsin ...............

211.

Michigan ................

212.
213.

Pennsylvania .........
California ...............

214.

New York ...............

Construct improvements to Linden Road
between Maple Avenue and Pierson
Road, Genessee County ...........................
Construct Crepe Myrtle Trail near Mobile
Reconstruct Route 23/Route 205 intersection in Oneonta ........................................
Reconstruct interchanges on Route 116
between Route 146 and Ashton Viaduct,
Lincoln ......................................................
Construct route improvements along
Washington Avenue between Janes Avenue to Johnson Street and East Genesee Avenue between Saginaw River
and Janes Avenue, Saginaw ...................
Realign and improve California Route 79
in Riverside County .................................
Construct Tawas Beach Road/U.S. 23
interchange improvements, East Tawas
Rehabilitate Timber Bridge over Little
Muddy River and approach roadway,
Perry County ............................................
Construct East Loop, Brownsville ..............
Upgrade Cowan-Lorraine Road between I–
10 and U.S. 90, Harrison County ...........
Construct Alameda Corridor East project
Construct I–5 interchanges in Lewis
County .......................................................
Undertake improvements to Hennepin
County Bikeway .......................................
Construct Alton Bypass from IL 40 to
Fosterburg Road .......................................
Construct Houma-Thibodaux to I–10 connector from Gramercy to Houma ............
Study for new bridge over Mississippi
River with terminus points in Street
Clair County and Street Louis, MO .......
Rehabilitate Queens Boulevard/Sunnyside
Yard Bridge, New York City ...................
Construct segment of I–74 between
Maxton Bypass and NC 710, Robeson
County .......................................................
Conduct engineering, acquire right-of-way
and construct the Birmingham Northern Beltline in Jefferson County ............
Replace Meridan Bridge ..............................
Upgrade Route 82, Strongsville ..................
Construct I–20/Norrell Road interchange,
Hinds County ...........................................
Reconstruct U.S. Highway 151, Waupun
to Fond du Lac .........................................
Improve Kent County Airport road access
in Grand Rapids, Michigan by extending 36th Street, improving 48th Street
and constructing the I–96/Whitneyville
interchange ...............................................
Replace Dellville Bridge in Wheatfield ......
Upgrade Ft. Irwin Road from I–15 to Fort
Irwin .........................................................
Reconstruct 127th Street viaduct, New
York City ..................................................

(Dollars in
millions)

0.9
1.2
0.85
0.33375

2.7
4.5
1.65
0.105
0.75
8.5
9.5625
4.9875
3.9
1.875
2.325
1.05
6
1.5
17
3.25
5.25
3.75
19.5

11.28
0.75
1.125
1.5

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

215.

Arkansas ................

216.

Louisiana ...............

217.

Colorado .................

218.

Pennsylvania .........

219.

Pennsylvania .........

220.
221.
222.

Mississippi .............
California ...............
Texas ......................

223.

Wisconsin ...............

224.
225.

Wisconsin ...............
New York ...............

226.

California ...............

227.

Tennessee ..............

228.

Illinois ....................

229.

Illinois ....................

230.

New York ...............

231.

Indiana ..................

232.

California ...............

233.

Dist. of Columbia ..

234.

California ...............

235.

Pennsylvania .........

236.
237.

California ...............
Louisiana ...............

238.

Arkansas ................

239.

Pennsylvania .........

Upgrade U.S. Route 67, Newport to Missouri State line .........................................
Extend Howard Avenue to Union Passenger Terminal, New Orleans ...............
Complete the Powers Boulevard north extension in Colorado Springs ....................
Widen U.S. 30 from U.S. 222 to PA 340
and from PA 283 to PA 741 ....................
Upgrade Route 219 between Meyersdale
and Somerset ............................................
Widen MS 15 from Laurel to Louiseville ..
Construct bike paths, Thousand Oaks .......
Investigate strategies to reduce congestion
and facilitate access at the international
border crossing in Roma ..........................
Upgrade
Marshfield
Boulevard,
Marshfield ................................................
Construct Abbotsford Bypass .....................
Reconstruct Route 25/Route 27 intersection in Street Lawrence County .............
Upgrade access to Sylmar/San Fernando
Metrolink Station and Westfield Village,
Los Angeles ..............................................
Construct park and ride intermodal centers for Nashville/Middle Tennessee
Commuter Rail .........................................
Upgrade Street Marie Township Road,
Jasper County ..........................................
Resurface 95th Street between Western
Avenue and Stony Island Boulevard,
Chicago .....................................................
Construct new exit 46A on I–90 at Route
170 in North Chili ....................................
Upgrade 4 warning devices on north/south
rail line from Terre Haute to Evansville
Improve SR 70 from Marysville Bypass to
Oroville Freeway ......................................
Implement Geographical Information System ............................................................
Construct connector between I–5 and SR
113 and reconstruct I–5 interchange
with Road 102, Woodland ........................
Reconstruct State Route 2001 in Pike
County .......................................................
Upgrade I–680 Corridor, Alameda County
Reconstruct I–10 and Ryan Street access
ramps and frontage street improvements, Lake Charles ................................
Construct access route to Northwest Arkansas Regional Airport in Highfill .......
Reconstruct structures and adjacent roadway, Etna and Aspenwall (design and
right-of-way acquisition phases), Allegheny County ...........................................

112 STAT. 265
(Dollars in
millions)

1.5
6
9
9
2.4
7.5
0.625
0.375
3.75
4.5
0.75
0.375
8
0.036
2.34
6
0.3
6.25
7.5
11.5
6.75
7.5
6
12

2

112 STAT. 266

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

240.

Alaska ....................

241.

Illinois ....................

242.

Florida ...................

243.

Texas ......................

244.

Minnesota ..............

245.

Pennsylvania .........

246.

Arkansas ................

247.

Massachusetts .......

248.
249.

Massachusetts .......
Washington ...........

250.

Indiana ..................

251.

Georgia ..................

252.

Wisconsin ...............

253.

Kansas ...................

254.

California ...............

255.
256.
257.

Iowa .......................
Illinois ....................
Ohio ........................

258.

Florida ...................

259.

Pennsylvania .........

260.

Louisiana ...............

261.

Illinois ....................

262.

Virginia ..................

Construct capital improvements to intermodal freight and passenger facilities
servicing the Alaska Marine Highway
and other related transportation modes
in Seward provided that the state public
authority which owns the current intermodal facilities carries out this project
with the entire amount of funds provided ..........................................................
Construct improvements to Pleasant Hill
Road, Carbondale .....................................
Deploy magnetic lane marking system on
I–4 .............................................................
Extend Texas State Highway 154 between
U.S. 80W and State Highway 43S ..........
Upgrade CSAH 16 between TH 53 and
CSAH 4 .....................................................
Upgrade U.S. Route 22, Chickory Mountain section ...............................................
Improve Arkansas State Highway 12 from
U.S. 71 at Rainbow Curve to Northwest
Arkansas Regional Airport ......................
Implement Cape and Islands Rural Roads
Initiative, Cape Cod .................................
Reconstruct roadways, Somerville .............
Construct Washington Pass visitor facilities on North Cascades Highway ............
Construct Hazel Dell Parkway from 96th
Street to 146th Street in Carmel ............
Upgrade Lithonia Industrial Boulevard,
De Kalb County ........................................
Upgrade STH 29 between IH 94 and
Chippewa Falls ........................................
Construct Diamond interchange at Antioch and I–435 ...........................................
Reconstruct I–215 and construct HOV
lanes between 2nd Street and 9th
Street, San Bernardino ............................
Relocate U.S. 61 to bypass Fort Madison ..
Construct Richton Road, Crete ...................
Upgrade U.S. 30 from SR 235 in Hancock
County to the Ontario bypass in Richland County ..............................................
Construct access road to Street Johns Avenue Industrial Park ...............................
Design, engineer, ROW acquisition and
construct the Luzerne County Community College Road between S.R. 2002
and S.R. 3004 one-mile west of Center
Street through S.R. 2008 in the vicinity
of Prospect Street and the Luzerne
County Community College, including a
new interchange on S.R. 0029 ................
Construct State Highway 3241/State
Highway 1088/I–12 interchange in St.
Tammany Parish ......................................
Improve access to Rantoul Aviation Center in Rantoul ...........................................
Improve Harrisonburg East Side roadways in Harrisonburg ..............................

(Dollars in
millions)

4.5
1.425
0.375
4.675
4.05
4.85
0.375
0.375
2.25
0.9
4.125
0.375
4.5
7.56
2.0625
2.25
1.5
11.25
0.75

10.5
8.5
1.6
0.5

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

263.

California ...............

264.
265.

Indiana ..................
New York ...............

266.

Texas ......................

267.

Massachusetts .......

268.

Arkansas ................

269.

New York ...............

270.
271.

Oregon ...................
California ...............

272.

Wisconsin ...............

273.

Iowa .......................

274.

Pennsylvania .........

275.

Idaho ......................

276.
277.

Utah .......................
Massachusetts .......

278.

Indiana ..................

279.

New York ...............

280.

California ...............

281.

Massachusetts .......

282.

Massachusetts .......

283.

Illinois ....................

284.

Pennsylvania .........

285.
286.
287.

Illinois ....................
Michigan ................
Texas ......................

288.

Georgia ..................

289.

Louisiana ...............

Upgrade Highway 99 between State Highway 70 and Lincoln Road, Sutter County ...............................................................
Extend East 56th Street in Lawrence .......
Construct the Mineola intermodal facility
and Hicksville intermodal facility in
Nassau County .........................................
Upgrade IH 30 between Dallas and Ft.
Worth ........................................................
Construct improvements to North Main
Street in Worcester ..................................
Study and construct a multi-modal facility
Russellville ...............................................
Judd Road Connector in New Hartford
and Whitestown .......................................
Upgrade I–5, Salem .....................................
Upgrade call boxes throughout Santa Barbara County ..............................................
Upgrade U.S. Route 10 between Waupaca
to U.S. Route 41 .......................................
Reconstruct I–235 and improve the interchange for access to the ML King Parkway ............................................................
Construct Steel Heritage Trail between
Glenwood Bridge to Clairton via
McKeesport ...............................................
Construct critical interchanges and gradecrossings on U.S. 20 between Idaho
Falls and Chester .....................................
Construct Cache Valley Highway in Logan
Upgrade Route 3 between Route 128/I–95
to Massachusetts and New Hampshire
State Line .................................................
Construct Hoosier Heartland from Lafayette to Ft. Wayne .....................................
Conduct traffic calming study on National
Scenic Byway Route 5 in Hamburg ........
Construct I–5 rail grade crossings between I–605 and State Route 91, Los
Angeles and Orange Counties .................
Undertake improvements to South Station
Intermodal Station ...................................
Reconstruct Bates Bridge over Merrimack
River ..........................................................
Upgrade Wood Street between Little Calumet River to 171st Street, Dixmore,
Harvey, Markham, Hazel Crest ..............
Construct safety and capacity improvements to Route 309 and Old Packhouse
Road including widening of Old Packhouse Road between Kids Peace National Hospital to Route 309 ...................
Reconstruct Mt. Erie Blacktop in Mt. Erie
Repair 48th Avenue, Menominee ...............
Reconstruct intermodal connectors on
Highway 78 and Highway 544 in Wylie
Conduct a study of transportation alternatives in Northwest Georgia between
Atlanta and Chattanooga ........................
Reconstruct Jefferson Lakefront bikepath
in Jefferson Parish ...................................

112 STAT. 267
(Dollars in
millions)

7.3
4.875
10.5
21.75
1.8
0.75
30.3
3
1.125
6
5.175
0.3
7.5
5.25
6.15
18.75
0.3
15.09
2.25
3
0.7425

6.15
3.385
0.2025
5.5
3.75
1

112 STAT. 268

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

290.

New York ...............

291.
292.

Maine .....................
Colorado .................

293.

New Jersey ............

294.

New York ...............

295.
296.

New York ...............
California ...............

297.

Illinois ....................

298.

Pennsylvania .........

299.

California ...............

300.

Texas ......................

301.

Ohio ........................

302.

Texas ......................

303.
304.

Georgia ..................
Maryland ...............

305.

New York ...............

306.

Pennsylvania .........

307.

Illinois ....................

308.

New York ...............

309.

New York ...............

310.

Alabama .................

311.
312.

Alaska ....................
Pennsylvania .........

313.

North Carolina ......

314.

Alabama .................

315.

Pennsylvania .........

316.
317.
318.

Illinois ....................
Texas ......................
Pennsylvania .........

319.

Wisconsin ...............

Construct Midtown West Intermodal
Ferry Terminal, New York City .............
Construct I–295 connector, Portland .........
Construct I–25 truck lane from Lincoln
Avenue to Castle Pines Parkway in
Douglas County ........................................
Widen Route 1 from Pierson Avenue to
Inman Avenue in Middlesex County ......
Construct intermodal transportation hub
in Patchogue .............................................
Improve Route 281 in Cortland ..................
Construct State Route 76 in Northern San
Diego .........................................................
Congestion mitigation for Illinois Route 31
and Illinois Route 62 intersection in
Algonquin .................................................
Improve South Central Business Park in
Fulton County ..........................................
Willits
Bypass,
Highway
101
in
Mendocino County, California ................
Upgrade FM 1764 between FM 646 to
State Highway 6 ......................................
Construct Intermodal Industrial Park in
Wellsville ..................................................
Construct U.S. Expressway 77/83 interchange, Harlingen ....................................
Construct Harry S. Truman Parkway .......
Upgrade I–95/I–495 interchange at Ritchie Marlboro Road, Prince Georges County ...............................................................
Construct CR 82 from Montauk Highway
to Sunrise Highway in Suffolk County ..
PA 26 over Piney Creek 2-bridges in Bedford County ...............................................
Intersection improvements at 79th and
Stoney Island Boulevard, Chicago ..........
Construct CR–85 from Foster Avenue to
CR–97 in Suffolk County .........................
Construct Phase II of the City of Mount
Vernon’s New Haven Railroad Redevelopment project ..........................................
Construct improvements to 41st Street between 1st Avenue South and Airport
Highway, Birmingham ............................
Improve roads in Kotzebue .........................
Conduct preliminary engineering on the
relocation of exits 4 and 5 on I–83 in
York County .............................................
Construct I–540 from east of NC Route 50
to east of U.S. Route 1 in Wake County
Construct enhancements along 12th
Street between State Highway 11 and
Baptist Princeton Hospital, Birmingham
Conduct highway research, Drexel University .............................................................
Improve IL 113 in Kankakee ......................
Upgrade JFK Causeway, Corpus Christi ..
Construct Philadelphia Intermodal Gateway Project at 30th Street Station .........
Construct STH 26/U.S. 41 Interchange in
Oshkosh ....................................................

(Dollars in
millions)

3.5
3.375
2.25
5.25
1.875
6.75
7.5
9
0.75
0.65
2.25
3.04
5.625
2.6625
3.6
0.435
0.6
1.305
0.675
2
0.75
1.7625
1.5
9.75
0.6
1
5.55
2.25
6
2.25

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

320.

California ...............

321.

Florida ...................

322.

Nebraska ...............

323.

Oregon ...................

324.

Virginia ..................

325.
326.

Oregon ...................
Washington ...........

327.

Minnesota ..............

328.

Louisiana ...............

329.

Indiana ..................

330.

Massachusetts .......

331.

California ...............

332.

Virginia ..................

333.
334.

Pennsylvania .........
North Dakota ........

335.

Florida ...................

336.

California ...............

337.

Pennsylvania .........

338.
339.

New Jersey ............
Minnesota ..............

340.

Minnesota ..............

341.

Texas ......................

342.

Georgia ..................

Improve and widen Forest Hill Road in
Placer County ...........................................
ITS improvements on U.S. 19 in Pasco
County .......................................................
Conduct corridor study from Wayne to
Vermillion-Newcastle bridge ...................
Construct right-of-way improvements to
provide improved pedestrian access to
MAX light rail, Gresham .........................
Repair historic wooden bridges along portion of Virginia Creeper Trail maintained by Town of Abingdon ...................
Reconstruct Lovejoy ramp, Portland ..........
Widen SR 99 between 148th Street and
King County Line in Lynnwood ..............
Construct Trunk Highway 169 Causeway,
Itasca County ...........................................
Conduct a feasibility and design study of
Louisiana Highway 30 between Louisiana Highway 44 and I–10 .......................
Reconstruct U.S. Route 231 between junction of State Road 66 to Dubois County
line ............................................................
Construct Greenfield-Montague Bikeways,
Franklin County .......................................
Improve highway access to Humboldt Bay
and Harbor Port .......................................
Construct road improvement, trailhead
development and related facilities for
Haysi to Breaks Interstate Bicycle and
Pedestrain Trail between Haysi and
Garden Hole area of Breaks Interstate
Park ...........................................................
Replace Grant Street Bridge, New Castle
Upgrade U.S. Route 52 between Donnybrook and U.S. Route 2 ...........................
Construct Wonderwood Connector from
Mayport to Arlington, Duval County,
Florida .......................................................
Construct pedestrian boardwalk between
terminus of Pismo Promenade at Pismo
Creek and Grande Avenue in Gover
Beach ........................................................
Construct PA 283 North Union Street
ramps in Dauphin County .......................
Upgrade Garden State Parkway Exit 142
Extend County State Highway 61 extension into Two Harbors .............................
Reconstruct and replace I–494 Wakota
Bridge from South St. Paul to Newport,
and approaches ........................................
Reconstruct and widen I–35 between
North of Georgetown at Loop 418 to
U.S. Route 190 .........................................
Undertake major arterial enhancements
in De Kalb County with the amount
provided as follows: $5,250,000 for Candler Road, $5,625,000 for Memorial
Drive, and $675,000 for Bufford Highway ............................................................

112 STAT. 269
(Dollars in
millions)

2.7
1.5
0.4125
1
0.75
5
2.7
6.075
1.5
0.6
0.675
0.275

0.25
1.8
1.8
27.725

0.375
1.8375
22.5
0.6
9.75
6

11.55

112 STAT. 270

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

343.

Illinois ....................

344.

Ohio ........................

345.

Pennsylvania .........

346.

Arkansas ................

347.
348.

Wisconsin ...............
Kentucky ...............

349.
350.

Kentucky ...............
Virginia ..................

351.

Virginia ..................

352.

Tennessee ..............

353.

Oregon ...................

354.

California ...............

355.

New Hampshire ....

356.

New Hampshire ....

357.
358.
359.

California ...............
Pennsylvania .........
Maryland ...............

360.
361.

Utah .......................
Illinois ....................

362.

Pennsylvania .........

363.

Florida ...................

364.

Indiana ..................

365.

Tennessee ..............

366.

Tennessee ..............

367.

Maine .....................

368.

Florida ...................

369.

New Jersey ............

370.

Missouri .................

371.

New York ...............

372.

Virginia ..................

373.

California ...............

Consolidate rail tracks and eliminate
grade crossings as part of Gateway
Intermodal Terminal access project .......
Replace I–280 bridge over Maumee River,
Toledo area ...............................................
Eliminate 16 at-grade rail crossings
through Erie .............................................
Construct Geyer Springs RR grade separation, Little Rock ....................................
Construct Chippewa Falls Bypass .............
Correct rock hazard on U.S. 127 in Russell County ................................................
Widen U.S. 27 from Norwood to Eubank ..
Conduct Williamsburg 2007 transportation study ..............................................
Construct I–95/State Route 627 interchange in Stafford County ......................
Construct
Foothills
Parkway
from
Walland to Weans Valley ........................
Upgrade Murray Boulevard including
overpass bridge, Millikan to Terman .....
Construct San Francisco Regional Intermodal Terminal ........................................
Construct the Broad Street Parkway in
Nashua ......................................................
Construct Conway bypass from Madison
to Bartlett .................................................
Seismic retrofit of Golden Gate Bridge ......
Realign Route 501 in Lebanon County ......
Upgrade U.S. 29 interchange with Randolph Road, Montgomery County ...........
Construct I–15 interchange at Atkinville ..
Resurface Cicero Avenue between 127th
Street and 143rd Street, Chicago ...........
Improve Lewistown Narrows U.S. 322 in
Mifflin and Juniata County ....................
Enhance access to Gateway Marketplace
through improvements to access roads,
Jacksonville ..............................................
Upgrade 14 warning devices on east/west
rail line from Gary to Auburn ................
Construct I–40/SR 155 interchange, Davidson ........................................................
Construct Crosstown Greenway/Bikeway,
Springfield ................................................
Studies and planning for reconstruction of
East-West Highway .................................
Construct Port of Palm Beach Road access
improvements, Palm Beach County .......
Reconstruct Essex Street Bridge, Bergen
County .......................................................
Relocate and reconstruct Route 21 between Schenk Road to Town of DeSoto ..
Improve Route 31 from Baldwinsville to
County Route 57 ......................................
Upgrade Route 600 to facilitate access between I–81 and Mount Rogers National
Recreation Area ........................................
Construct
I–380
connector
between
Sneath Lane and San Bruno Avenue,
San Bruno .................................................

(Dollars in
millions)

1.125
18
8
0.75
4.5
0.02625
22.5
0.325
3.8375
8.625
3.75
9.375
12.511
5.325
0.75
1.2
9
6
0.4575
40
0.9
1.05
4.2
3.2
3
15.75
1.875
30
8.8125
5
2.1

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

374.

Florida ...................

375.
376.

Pennsylvania .........
Kentucky ...............

377.

California ...............

378.

New Mexico ...........

379.

Pennsylvania .........

380.
381.

Wisconsin ...............
Arkansas ................

382.

Virginia ..................

383.
384.

Arizona ..................
Michigan ................

385.
386.

Illinois ....................
Minnesota ..............

387.

Illinois ....................

388.

Pennsylvania .........

389.

Ohio ........................

390.

Washington ...........

391.

Michigan ................

392.

New Mexico ...........

393.

Connecticut ............

394.

Connecticut ............

395.

Pennsylvania .........

396.

Virginia ..................

397.

Illinois ....................

398.

California ...............

399.

Texas ......................

400.

Maryland ...............

401.

California ...............

402.

Illinois ....................

Construct South Connector Road and Airport Road interchange in Jacksonville ...
Resurface current 219 bypass at Bradford
Construct Route 259–101 from Brownsville to I–65 ..............................................
Construct interchanges for I–10 in
Coachella Valley, Riverside County .......
Improve 84/285 between Espanola and
Hernandez ................................................
Upgrade 2 sections of U.S. 6 in Tioga
County .......................................................
Improve Janesville transportation .............
Construct Baseline Road RR grade separation, Little Rock ....................................
Replace Shore Drive Bridge over Petty
Lake, Norfolk ............................................
Replace U.S. 93 Hoover Dam Bridge .........
Operational improvements on M 24 from
I–75 to the northern Oakland County
border ........................................................
Reconstruct U.S. 30, Will County ..............
Construct Trunk Highway 610/10 from
Trunk Highway 169 in Brooklyn Park
to I–94 in Maple Grove ............................
Extend and reconstruct roadways through
industrial corridor in Alton .....................
Rehabilitate Jefferson Heights Bridge,
Penn Hills .................................................
Construct Eastern U.S. Route 23 bypass
of Portsmouth ...........................................
Construct State Route 7—Elbe rest area
and interpretive facility in Pierce County ...............................................................
Undertake capital improvements to facilitate traffic between Lansing and Detroit
Reconstruct U.S. 84/U.S. 285 from Santa
Fe to Espanola .........................................
Reconstruct Post Office/Town Farm Road
in Enfield ..................................................
Improve pedestrian and bicycle connections between Union Station and downtown New London ....................................
Construct access to Tioga Marine Terminal, Ports of Philadelphia and Camden
Downtown Staunton Streetscape Plan—
Phase I in Staunton .................................
Construct Marion Street multi-modal
project in Village of Oak Park ................
Improve and construct I–80 reliever route
project; Walters Road and Walters Road
Extension Segments .................................
Upgrade State Highway 24 from Commerce to State Highway 19 north of
Cooper .......................................................
Construct pedestrian and bicycle path between Druid Hill Park and Penn Station, Baltimore .........................................
Upgrade SR 92/El Camino interchange,
San Mateo .................................................
Improve Sugar Grove U.S. 30 .....................

112 STAT. 271
(Dollars in
millions)

6.75
4.875
0.75
2.25
4.5
1.125
3
3.75
3
10
0.5
6.75
12
4.2675
1.275
3.75
0.45
7.5
13.5
1.125
3.39
1.2
0.5
1.5
2.35
3.75
1.35
2.775
1.875

112 STAT. 272

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

403.

Illinois ....................

404.

Massachusetts .......

405.
406.

Michigan ................
Pennsylvania .........

407.

Indiana ..................

408.

Massachusetts .......

409.
410.

New Mexico ...........
California ...............

411.

Arkansas ................

412.

Minnesota ..............

413.

California ...............

414.

Massachusetts .......

415.

Pennsylvania .........

416.

Pennsylvania .........

417.
418.

New York ...............
New Jersey ............

419.

Kansas ...................

420.

Washington ...........

421.

Texas ......................

422.

Ohio ........................

423.

Alabama .................

424.

Oklahoma ..............

425.

Louisiana ...............

426.

Louisiana ...............

Construct Sullivan Road Bridge over the
Fox River ..................................................
Construct Packets Landing Enhancement
and Restoration Project, Town of Yarmouth ........................................................
Upgrade I–94 between M 39 and I–96 ......
Upgrade PA Route 21, Fayette and
Greene Counties .......................................
Construct Gary Marina access road
(Buffington Harbor) .................................
Replace deck of Chain Bridge over
Merrimack River ......................................
Improve U.S. 70 southwest of Portales ......
Construct grade separation project at Redondo Junction, located in the North
end of an Intermodal corridor of economic significance, as defined by California Streets and Highways Code, Division 3, Chapter 4.7 (commencing with
section 2190), Los Angeles ......................
Widen West Phoenix Avenue and related
improvements in Fort Smith, Arkansas
Upgrade Cross-Range Expressway between Coleraine to CSAH 7 ....................
Upgrade CA Route 2 Southern Freeway
terminus and transportation efficiency
improvements to Glendale Boulevard in
Los Angeles ..............................................
Environmental studies, preliminary engineering and design of North-South Connector in Pittsfield to improve access to
I–90 ...........................................................
Construct streetscape project in the Borough of Ambler, Montgomery County,
PA ..............................................................
Construct improvements to the Park Road
extension connecting U.S. 222 and U.S.
422, Spring Township ..............................
FJ&G Rail/Trail Project in Fulton County
Upgrade Baldwin Avenue intersection to
facilitate access to waterfront and ferry,
Weehawken ..............................................
Widen U.S. 54 from Liberal, Kansas
southwest to Oklahoma ...........................
Improve Hillsboro Street/Highway 395
intersection in Pasco ................................
Construct ramp connection between
Hammet Street to Highway 54 ramp to
provide access to I–10 in El Paso ...........
Relocate State Route 60 from Zanesville to
Dresden, Muskingum County .................
Construct the Montgomery Outer Loop
from U.S. 80 to I–85 via I–65 .................
Reconstruct U.S. 99/SH377 from Prague
to Stroud in Lincoln County ...................
Extend Louisiana Highway 42 between
U.S. 61 and I–10 in Ascension Parish ....
Conduct feasibility study, design and construction of connector between Louisiana Highway 16 to I–12 in Livingston
Parish ........................................................

(Dollars in
millions)

7.5
0.75
6
5
7.5
0.759
9

6.65
6
4.5

12

1.5
0.072
2
0.525
2
6
2.6625
11
1.5
10.2375
4.7
6

3.75

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

427.

California ...............

428.

Texas ......................

429.

Massachusetts .......

430.

Texas ......................

431.

Texas ......................

432.

New York ...............

433.

California ...............

434.

North Carolina ......

435.

Minnesota ..............

436.
437.

Kentucky and Indiana.
California ...............

438.

Louisiana ...............

439.

Indiana ..................

440.
441.

Alabama .................
California ...............

442.

Ohio ........................

443.

Kentucky ...............

444.

New York ...............

445.
446.
447.
448.

Illinois ....................
Massachusetts .......
Massachusetts .......
California ...............

449.

Michigan ................

450.

Texas ......................

451.

Oregon ...................

452.

Ohio ........................

453.

California ...............

Construct capital improvements along I–
680 corridor ..............................................
Relocation of Indiana Avenue between
19th street to North Loop 289 and
Quaker Avenue intersection ....................
Renovate Union Station Intermodal
Transportation Center in Worcester ......
Construct Manchester grade separations
in Houston ................................................
Construct Titus County West Loop, Mount
Pleasant ....................................................
Construct County Road 50 in the vicinity
of Windsor Avenue ...................................
Construct parking lot, pedestrian bridge
and related improvements to improve
intermodal transportation in Yorba
Linda .........................................................
Widen North Carolina Route 24 from
Swansboro to U.S. 70 in Onslow and
Carteret Counties .....................................
Construct Mankato South Route in Mankato ...........................................................
Ohio River Major Investment Study
Project, Kentucky and Indiana ...............
Implement traffic management improvements, Grover Beach ...............................
Extend I–49 from I–220 to Arkansas State
line ............................................................
Construct East 79th from Sunnyside Road
to Oaklandon Road in Lawrence ............
Construct Decatur Southern Bypass .........
Construct tunnel with approaches as part
of Devils Slide project in San Mateo
County .......................................................
Improve State Route 800 in Monroe County ...............................................................
Reconstruct KY 210 from Hodgenville to
Morning Star Road, Larue County .........
Construct Route 17—Lowman Crossover
in Ashland ................................................
Improve roads in the Peoria Park District
Reconstruct North Street, Fitchburg .........
Reconstruct Huntington Avenue in Boston
Undertake safety enhancements along
Monterey County Railroad highway
grade, Monterey County ..........................
Construct Bridge Street bridge project in
Southfield .................................................
Construct Concord Road Widening project,
Beaumont .................................................
Restore the Historic Columbia River Highway including construction of a pedestrian and bicycle path under I–84 at
Tanner Creek and restoration of the
Tanner Creek and Moffett Creek
bridges ......................................................
Upgrade I–77/U.S. 250/SR 39 interchange
in Tuscarawas County .............................
Construct Palisades Bluff Stabilization
project, Santa Monica ..............................

112 STAT. 273
(Dollars in
millions)

2.25
7.2
6.5
12
1.875
1.36

1
2.25
5.25
40
0.375
3.3
3
2
6
0.5
6
3.6
0.81
0.75
3
2.1
3.15
7.375

2
1
6

112 STAT. 274

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

454.

New York ...............

455.

Washington ...........

456.

Louisiana ...............

457.

Kansas ...................

458.

Tennessee ..............

459.

Maryland ...............

460.

Kentucky ...............

461.

Georgia ..................

462.

Kentucky ...............

463.

Minnesota ..............

464.

Kentucky ...............

465.

California ...............

466.
467.

Pennsylvania .........
Ohio ........................

468.

Kentucky ...............

469.

Maine .....................

470.

California ...............

471.
472.

Illinois ....................
New Hampshire ....

473.

Minnesota ..............

474.

New Jersey ............

475.

New Jersey ............

476.
477.

Louisiana ...............
New Jersey ............

478.

Arkansas ................

479.

Mississippi .............

480.

California ...............

481.

California ...............

Improve the Route 31/I–81 Bridge in Watertown ......................................................
Improve I–5/196th Street, Southwest
Freeway interchange in Lynnwood,
Washington ...............................................
Construct the Southern extension of I–49
from Lafayette to the Westbank Expressway ...................................................
Construct Phase II improvements to U.S.
59 from U.S. 56 to Ottawa ......................
Construct U.S. 27 from State Road 61 to
Morgan County line .................................
Undertake transportation infrastructure
improvements within Baltimore Empowerment Zone .......................................
Construct Kentucky 31E from Bardstowns
to Salt River .............................................
Construct multi-modal passenger terminal, Atlanta ..............................................
Construct connection between Natcher
Bridge and KY 60 east of Owensboro ....
Reconstruct CSAH 48 extension, Brainerd/
Baxter .......................................................
Complete I 65 upgrade from Elizabethtown to Tennessee State line ..................
Construct the South Central Los Angeles
Exposition Park Intermodal Urban Access Project in Los Angeles .....................
Construct U.S. 30 at PA 772 and PA 41 ...
Upgrade 1 warning device on the rail line
from Marion to Ridgeway ........................
Construct necessary connections for the
Taylor Southgate Bridge in Newport
and the Clay Wade Bailey Bridge in
Covington ..................................................
Replace Singing Bridge across Taunton
Bay ............................................................
Upgrade Price Canyon Road including
construction of bikeway between San
Luis Obispo and Pismo Beach ................
Extend South 74th Street, Belleville .........
Reconstruct U.S. 3 Carroll town line 2.1
miles north ...............................................
Upgrade 77th Street between I–35W and
24th Avenue to four lanes in Richfield ..
Relocate and complete construction of new
multi-modal facility, Weehawken ...........
Construct Route 4/17 interchange in
Paramus ....................................................
Expand Perkins Road in Baton Rouge ......
Revitalize Route 130 from Cinnaminson to
Willingboro ...............................................
Construct Highway 371 from Magnolia to
Prescott .....................................................
Upgrade Alva-Stage Road, Montgomery
County .......................................................
Construct pedestrian promenade, Pismo
Beach ........................................................
Construct railroad at-grade crossings, San
Leandro .....................................................

(Dollars in
millions)

1.85475
4.05
4.125
9
4.125
10.975
0.75
12
2.25
0.24
3.75
19.5
4.5
0.075

7.125
0.75
0.825
0.375
1.786
17.1
12
6.375
6.15
3
2.375
1.125
0.15
0.375

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

482.

Ohio ........................

483.

Illinois ....................

484.

California ...............

485.

Texas ......................

486.

Pennsylvania .........

487.

Pennsylvania .........

488.
489.

Illinois ....................
Oregon ...................

490.

Ohio ........................

491.

California ...............

492.
493.

Nebraska ...............
Michigan ................

494.

New York ...............

495.

Pennsylvania .........

496.

New York ...............

497.

New Jersey ............

498.

Texas ......................

499.

California ...............

500.

New York ...............

501.

Minnesota ..............

502.

North Carolina ......

503.

Oklahoma ..............

504.

Illinois ....................

505.

Pennsylvania .........

Construct highway-rail grade separations
on Heisley Road between Hendricks
Road and Jackson Street in Mentor .......
Design and construct U.S. 67 corridor
from Jacksonville to Beardstown ............
Construct VC Campus Parkway Loop System in Merced ..........................................
Construct highway-rail-marine intermodal
project, Corpus Christi ............................
Construct U.S. 322 Conchester Highway
between U.S. 1 and PA 452 ....................
Construct Route 819/Route 119 interchange between Mt. Pleasant and
Scottdale ...................................................
Upgrade Western Avenue, Park Forest .....
Relocate and rebuild intersection of Highway 101 and Highway 105, Clatsop
County .......................................................
Upgrade
Western
Reserve
Road,
Mahoning County .....................................
Construct Nogales Street at Railroad
Street grade separation in Los Angeles
County, California ....................................
Construct South Beltway in Lincoln ..........
Acquire right-of-way and construct M 6
Grand Rapids South Beltline in Grand
Rapids .......................................................
Replace Route 92 Limestone Creek Bridge
in Manlius ................................................
Extend Martin Luther King, Jr. East
Busway to link with Mon-Fayette Expressway ...................................................
Construct Furrows Road from Patchogue/
Holbrook Road to Waverly Avenue in
Islip ...........................................................
Construct East Windsor Bear Brook pathway system ...............................................
Widen State Highway 6 from FM521 to
Brazoria County line and construct railroad overpass ............................................
Construct I–10/Pepper Avenue Interchange .......................................................
Construct access road and entranceway
improvements to airport in Niagara
Falls ..........................................................
Replace Sauk Rapids Bridge over Mississippi River, Stearns and Benton
Counties ....................................................
Upgrade I–85, Mecklenburg and Cabarrus
Counties ....................................................
Reconstruct County Road 237 from
Indiahoma to Wichita Mountains Wildlife Refuge .................................................
Construct Towanda-Barnes Road in
Mclean County .........................................
Widen and signalize Sumneytown Pike
and Forty Foot Road in Montgomery
County .......................................................

112 STAT. 275
(Dollars in
millions)

6.205
10
11
8.25
18.75

6.9
0.0945

1.2
2.4

6.5
4.125

18.72
3

4.5

1.2
0.27

9.15
6.6

2.25

7.725
19.5

0.1875
5.82

3.87

112 STAT. 276

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

506.

Rhode Island .........

507.

Mississippi .............

508.

Georgia ..................

509.

Missouri .................

510.

New York ...............

511.

Pennsylvania .........

512.

Texas ......................

513.
514.

New Mexico ...........
Arkansas ................

515.

South Carolina ......

516.

Mississippi .............

517.

Alaska ....................

518.

Florida ...................

519.

Illinois ....................

520.

Massachusetts .......

521.

Mississippi .............

522.

New Jersey ............

523.

Michigan ................

524.

North Carolina ......

525.

Virginia ..................

526.

Oregon ...................

527.

Kansas ...................

528.

Virginia ..................

529.

Pennsylvania .........

530.

Nevada ...................

531.

Indiana ..................

Construct Rhode Island Greenways and
Bikeways projects with the amount provided $4,275,000 for the Washington
Secondary Bikepath, and $1,575,000 for
the South County Bikepath Phase 2 ......
Widen U.S. 61 from Louisiana State line
to Adams County .....................................
Conduct a study of a mutimodal transportation corridor from Lawrenceville to
Marietta ....................................................
Construct Jefferson Avenue viaduct over
Mill Creek Valley in St. Louis ................
Conduct extended needs study for the
Tappan Zee Bridge ...................................
Improve Park Avenue/PA 36 in Blair
County .......................................................
Construct the George H.W. Bush Presidential Corridor from Bryan to east to
I–45 ...........................................................
Improve Uptown in Bernalillo County ......
Upgrade U.S. 65 in Faulkner and Van
Buren Counties ........................................
Construct high priority surface transportation projects eligible for Federal-aid
highway funds ..........................................
Construct Lincoln Road extension, Lamar
County .......................................................
Construct Pt. Mackenzie Intermodal Facility ..............................................................
Purchase and install I–275 traffic management system in Pinellas County .......
Construct U.S. Route 67 bypass project
around Roseville .......................................
Upgrade I–495 interchange 17 and related
improvements including along Route
140 .............................................................
Construct segments 2 and 3 of the BryamClinton Corridor in Hinds County ..........
Rehabilitate East Ridgewood Avenue over
Route 17 in Bergan County .....................
Construct interchange at U.S. 10/Bay City
Road in Midland .......................................
Construct U.S. Route 17, Elizabeth City
Bypass .......................................................
Smart Road connecting Blacksburg to I–
81 ...............................................................
Construct passing lanes on Highway 58
between Kitson Ridge Road and Mile
Post 47, Lane County ..............................
Construct grade separations on U.S. 36
and U.S. 77 in Marysville .......................
Upgrade Route 501 in the counties of Bedford, Halifax, and Campbell ....................
Construct Robinson Town Centre intermodal facility ............................................
Construct the U.S. 395 Carson City Bypass ...........................................................
Feasibility study of State Road 37 improvements in Noblesville, Elwood and
Marion .......................................................

(Dollars in
millions)

5.85
0.6875
1.8
8.25
3
0.45
7.5
1.025
3
5.5
1.125
6.75
0.75
8.775
10.86
0.6875
2.7
3
3.375
1.025
4.5
3.15
0.75
2.025
3.75
0.45

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

532.

Pennsylvania .........

533.

Pennsylvania .........

534.

Alabama .................

535.

Virginia ..................

536.

California ...............

537.

Illinois ....................

538.
539.
540.
541.

Illinois ....................
Michigan ................
Georgia ..................
Florida ...................

542.

Connecticut ............

543.

Oregon ...................

544.

New York ...............

545.
546.

California ...............
Texas ......................

547.

Dist. of Columbia ..

548.

California ...............

549.

Michigan ................

550.

California ...............

551.

Pennsylvania .........

552.

California ...............

553.

Michigan ................

554.

Dist. of Columbia ..

555.

Ohio ........................

556.

Pennsylvania .........

557.

Ohio ........................

558.

California ...............

559.

New York ...............

560.

Louisiana ...............

561.

Mississippi .............

Construct Newton Hamilton SR 3021 over
Juniata River in Mifflin County .............
Reconstruct PA 309 in Eastern Montgomery with $4,000,000 for noise abatement
Upgrade Opoto-Madrid Boulevard, Birmingham ...................................................
Conduct feasibility study for the construction of I–66 from Lynchburg to the West
Virginia border .........................................
Rehabilitate pavement throughout Santa
Barbara County ........................................
Design and construct I–72/MacArthur
Boulevard interchange in Springfield ....
Improve Constitution Avenue in Peoria ....
Upgrade East Jordon Road, Boyne City ....
Construct noise barriers along GA 400 .....
Construct North East Dade Bike Path in
North Miami Beach .................................
Realign and extend Hart Street in New
Britain .......................................................
Construct roundabout at intersection of
Highway 101 and Highway 202, Clatsop
County .......................................................
Replace Route 28 bridge over NY State
Thruway, Ulster County ..........................
Extend State Route 7 in Imperial County
Construct FM2234 (McHard Road) from
SH 35 to Beltway 8 at Monroe Boulevard ...........................................................
Enhance recreational facilities along Rock
Creek Parkway .........................................
Construct SR 78/Rancho Del Oro interchange in Oceanside ................................
Upgrade M. L. King Drive, Genesee County ...............................................................
Reconstruct Grand Avenue between Elm
Street and Halcyon Road, Arroyo
Grande ......................................................
Improve PA 41 between Delaware State
line and PA 926 ........................................
Construct Los Angeles County Gateway
Cities NHS Access ...................................
Upgrade H 58 within Pictured Rocks National Lakeshore ......................................
Rehabilitate Theodore Roosevelt Memorial
Bridge ........................................................
Undertake improvements to open Federal
Street to traffic, Youngstown ..................
Improve PA 16 including intersection with
Antrim Church Road ...............................
Construct State Route 209 from Cambridge and Byesville to the Guernsey
County Industrial Park ...........................
Construct Port of Oakland intermodal terminal .........................................................
Construct
Wellwood
Avenue
from
Freemont Street to Montauk Highway
in Lindenhurst .........................................
Construct Louisiana Highway 1 from the
Gulf of Mexico to U.S. 90 ........................
Refurbish Satartia Bridge, Yazoo City ......

112 STAT. 277
(Dollars in
millions)

1.5
15.588
1.05
0.5
1.125
4.12525
2.6625
0.3
1.5
1.2
3
0.3
2.4
6
4.8
0.04775
3.75
1
0.375
5
6.6
4.2
7.5
2.08
1
2.2
6
1.2
0.5625
0.375

112 STAT. 278

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

562.

North Carolina ......

563.
564.

Pennsylvania .........
North Carolina ......

565.
566.

Pennsylvania .........
California ...............

567.

New York ...............

568.

California ...............

569.

Mississippi .............

570.

Minnesota ..............

571.

Texas ......................

572.

New York ...............

573.

Pennsylvania .........

574.

Utah .......................

575.

California ...............

576.
577.

Missouri .................
Alaska ....................

578.
579.

Maine .....................
Tennessee ..............

580.

New York ...............

581.
582.
583.

Michigan ................
New York ...............
Mississippi .............

584.

Michigan ................

585.

Pennsylvania .........

586.

Massachusetts .......

587.

Connecticut ............

588.

New Jersey ............

589.

Oregon ...................

590.

Minnesota ..............

591.

Pennsylvania .........

Construct bridge over Chockoyotte Creek
in Halifax County ....................................
Widen PA 413 in Bucks County .................
Construct U.S. 13 from the Wilson/U.S.
264 Bypass to Goldsboro in Wayne and
Wilson Counties .......................................
Construct Erie Eastside Connector ............
Construct Prunedale Bypass segment of
U.S. 101, Monterey County .....................
Construct access road from Lake Avenue
to Milestrip Road in Blasdell ..................
Construct State Route 905 between I–805
and the Otay Mesa Border Crossing,
San Diego County ....................................
Build an interchange at I–55 with connectors to Madison and Ridgeland ...............
Trunk Highway 53 DWP railroad bridge
replacement, St. Louis County ................
Construct U.S. 77/83 Expressway extension, Brownsville ......................................
Upgrade and relocate Utica-Rome Expressway in Oneida County ....................
West Philadelphia congestion mitigation
initiative ...................................................
Construct Phase II of the University Avenue Interchange in Provo ........................
Upgrade Osgood Road between Washington Boulevard and South Grimmer Boulevard, Freemont ......................................
Bull Shoals Lake Ferry in Taney County ..
Construct capital improvements to the
Alaska Marine Highway and related facilities in Ketchikan .................................
Improve Route 23 ........................................
Construct U.S. 45 bypass, Madison County ...............................................................
Construct pedestrian access bridge from
Utica Union Station .................................
Upgrade Groveland Mine Road, Dickinson
Reconstruct Route 9 in Plattsburgh ...........
Upgrade Goose Pond Subdivision Roads,
Tallahatchie County ................................
Construct U.S. 131 Cadillac Bypass
project .......................................................
Construct Lawrenceville Industrial Access
Road ..........................................................
Construct Housatonic-Hoosic bicycle network ..........................................................
Construct the U.S. Route 7 bypass project,
Brookfield to New Milford town line ......
Construct road from the Military Ocean
Terminal to the Port Jersey Pier, Bayonne .........................................................
Repair Coos Bay rail bridge, Port of Coos
Bay ............................................................
Complete construction of Forest Highway
11, Lake County .......................................
Construct rail mitigation and improvement projects from Philadelphia to New
Jersey Line ...............................................

(Dollars in
millions)

1.35
5.625
2.625
16.2
1.65
0.24
16
2.25
3.6
2.25
14
0.369
7.5
1.5
0.52275
2.25
0.375
1.5
0.25
0.375
2.5155
0.15
2.25
7.5
3
3.75
2.5
5.5
3.75
10

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

592.

Louisiana ...............

593.

Pennsylvania .........

594.

Pennsylvania .........

595.

Pennsylvania .........

596.

Massachusetts .......

597.

Texas ......................

598.

Minnesota ..............

599.

Alabama .................

600.

New York ...............

601.

Massachusetts .......

602.

Pennsylvania .........

603.

Michigan ................

604.

Utah .......................

605.

Pennsylvania .........

606.

South Carolina ......

607.

New York ...............

608.

Connecticut ............

609.

New York ...............

610.

Arkansas ................

611.

New York ...............

612.

Florida ...................

613.

Minnesota ..............

Upgrade Lapalco Boulevard between
Barataria Boulevard and U.S. Highway.
90, Jefferson Parish .................................
Widen PA 228 from Criders Corners to
State Route 3015 ......................................
Improve PA 23 Corridor from U.S. 30 Bypass between Lancaster County line
and Morgantown ......................................
Widen SR 247 and SR 2008 between 84
and Lackawanna Valley Industrial
Highway for the Moosic Mountain Business Park ..................................................
Construct Nowottuck-Manhan Bike Trail
connections, Easthampton, Amherst,
Holyoke, Williamsburg and Northampton ......................................................
Reconstruct bridges across the channel for
the Port of Corpus Christi .......................
Construct TH 1 east of Northome including bicycle/pedestrian trail ......................
Construct U.S. 231/I–10 Freeway Connector from the Alabama border to Dothan
Construct CR 3 at Southern State Parkway overpass between Long Island Expressway and Colonial Springs ...............
Construct improvements along Route 18
to provide for access to waterfront and
downtown areas, New Bedford ...............
Construct road connector and bridge over
Allegheny River to link New Kensington
with Allegheny Valley Expressway ........
Replace Chalk Hills Bridge over Menominee River ...................................................
Improve 5600 West Highway from 2100
South to 4100 South in West Valley
City ............................................................
Construct Lackawanna River Heritage
Trail in Lackawanna ...............................
Widen and relocate SC 6 in Lexington
County .......................................................
Construct sound barriers on both sides of
Grand Central Parkway between 172nd
Street to Chevy Chase Road ...................
Improve Route 7 utility and landscaping
in New Milford .........................................
Conduct North Road Corridor study in
Oswego County .........................................
Upgrade U.S. Route 412, Harrison to
Mountain Home .......................................
Construct full access controlled expressway along NY Route 17 at Parkville,
Sullivan County .......................................
Construct Englewood Interstate connector
from River Road to I–75 in Sarasota
and Charlotte Counties ...........................
Reconstruct St. Louis CSAH 9 (Wallace
Avenue) in Duluth from Fourth Street
to Woodland Avenue ................................

112 STAT. 279
(Dollars in
millions)

6
0.9

2.5

8.175

3
4
0.18
1.0125

1.12

12

3.75
0.3

3.75
0.375
6

1.455
5.4
1.125
2.6625

4.5

5.5

0.45

112 STAT. 280

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

614.

New Jersey ............

615.

Virginia ..................

616.

Iowa .......................

617.

Michigan ................

618.
619.

Virginia ..................
Nebraska ...............

620.

Arkansas ................

621.
622.

Alabama .................
North Carolina ......

623.

New York ...............

624.

South Carolina ......

625.

Florida ...................

626.

Ohio ........................

627.

Arkansas ................

628.

Mississippi .............

629.

Wyoming ................

630.

New York ...............

631.

Pennsylvania .........

632.

Texas ......................

633.

Minnesota ..............

634.

Utah .......................

635.

Florida ...................

636.

Illinois ....................

637.

New York ...............

638.

Ohio ........................

639.

Louisiana ...............

640.

Michigan ................

Design, construct, and expand industrial
Roads
connecting
Carteret
with
Woodbridge, and Route 35 with Perth
Amboy for increased truck traffic which
will ease delays and traffic at Turnpike
Exit 12 and Route 35 underpass east ....
Construct the Kemper Street Station connector road in Lynchburg ........................
Improve IA 60 Corridor from LeMar to
MN State line ...........................................
Operation improvements on M 15 from I–
75 north to the Genesee County line .....
Upgrade Danville Bypass in Pittsylvania
Corridor study for Louisville South bypass
from State Highway 66 to State Highway 50 .......................................................
Study and construct Van Buren intermodal port facility in Van Buren ............
Extend I–759 in Etowah County ................
Widen U.S. 421 from North Carolina
Route 194 to two miles East of U.S. 221
Reconstruct Ridge Road Bridge in Orange
County .......................................................
Construct North Charleston Regional
Intermodal Center ...................................
Upgrade U.S. 319 between Four Points
and Oak Ridge Road, Tallahassee ..........
Complete safety/bicycle path in Madison
Township ..................................................
Conduct design study and acquire right of
way on U.S. 71 in the vicinity of Fort
Chaffee, Fort Smith .................................
Construct East Metro Corridor in Rankin
County .......................................................
Reconstruct Cheyenne Area Norris Viaduct ...........................................................
Design and construct Outer Harbor
Bridge in Buffalo ......................................
St. Thomas Signals Hade and Jack Rds
U.S. 30 in Franklin County ....................
Upgrade State Highway 35 Yoakum District in Matagorda and Buazovia Counties .............................................................
Conduct highway construction between
Highway 494 and Carver County Road
147 .............................................................
Widen 106th South from I–15 to
Bangerter Highway in South Jordan .....
Construct pedestrian overpass from the
Florida National Scenic Trail over I–4 ...
Extend Rogers Street to mitigate congestion, Waterloo ...........................................
Reconstruct and widen Route 78 from I–
90 to Route 15 ..........................................
Improve Alum Creek Drive from I–270 to
Frebis Avenue in Franklin County .........
Upgrade and widen I–10 between Williams Boulevard and Tulane Avenue in
Jefferson and Orleans Parishes ..............
Improve I–94 in Kalamazoo County ..........

(Dollars in
millions)

3
1.5
6.6
0.5
3
0.075
0.225
13.5
3.55
0.16
3
3.75
0.03
3.75
2.625
3.5
6.06
0.15
6.91
3
4.5
1.875
1.425
4
4
8
3.75

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

641.

Pennsylvania .........

642.

Washington ...........

643.

Pennsylvania .........

644.

Ohio ........................

645.

Massachusetts .......

646.

Oklahoma ..............

647.
648.

Indiana ..................
Oregon ...................

649.

New York ...............

650.

Missouri .................

651.

Wisconsin ...............

652.

Illinois ....................

653.

Pennsylvania .........

654.

California ...............

655.

West Virginia ........

656.

Ohio ........................

657.

Michigan ................

658.

Kentucky ...............

659.

New York ...............

660.

Virgin Islands ........

661.

Ohio ........................

662.

Michigan ................

663.
664.

Nevada ...................
California ...............

665.

Louisiana ...............

666.
667.

Michigan ................
Missouri .................

Improve PA 8 between Cherry Tree and
Rynd Farm ...............................................
Construct passenger ferry facility to serve
Southworth, Seattle .................................
Realign West 38th Street from Shunpike
Road to Myrtle Street in Erie County ....
Replace Jacobs Road Bridge, Mahoning
County .......................................................
Upgrade Lowell Street between Woburn
Street and Route 38, Town of Wilmington .............................................................
Improve Battiest-Pickens Road between
Battiest and Pickens in McCurtain
County .......................................................
Improve State Road 31 in Columbus .........
Construct bike path along Willamette
River, Corvallis ........................................
Reconstruct Flushing Avenue between
Humboldt Street and Cypress Avenue ...
Construct bike/pedestrian path between
Delmar Metrolink Station and University City loop business district in St.
Louis .........................................................
Construct U.S. Highway 151 Fond du Lac
Bypass .......................................................
Upgrade U.S. 45 between Eldorado and
Harrisburg ................................................
Improve U.S. 22/Canoe Creek Blair County ...............................................................
Reconstruct and widen Mission Road, Alhambra ......................................................
Construct safety improvements on Route
82 (Fayette Station Road), Fayette
County .......................................................
Widen and reconstruct State Route 82
from Lorain/Cuyahoga County line to
I.R. 77 .......................................................
Facilitate access between I–75 and Soo
Locks through road reconstruction,
bikepath construction and related improvements, Sault Ste. Marie .................
Construct Savage-Cedar Knob Bridge at
Koger Creek ..............................................
Construct intermodal facility in New Rochelle, Westchester County .....................
Upgrade West-East corridor through
Charlotte Amalie ......................................
Upgrade SR 800 rest stop in Monroe
County .......................................................
Improve the I–73 corridor in Jackson and
Lenawee Counties ....................................
Widen I–50 between Fallon and Fernley ...
Improve and modify the Port of Hueneme
Intermodal Corridor—Phase II in Ventura County ..............................................
Construct and equip Transportation Technology and Emergency Preparedness
Center in Baton Rouge ............................
Rehabilitate Lincoln Street, Negaunee ......
Construct U.S. 67/Route 60 interchange in
Popular Bluff ............................................

112 STAT. 281
(Dollars in
millions)

4.8
3.75
5.4
2
1.08
1.6
0.375
0.8
3.75

0.6
22.5
10.2
1.5
2.4375
1
7

0.375
0.2625
6.438
6
0.04
3.9375
3
16.8
5.4
0.1275
6

112 STAT. 282

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

668.

New York ...............

669.

New York ...............

670.

Maryland ...............

671.

Rhode Island .........

672.

Pennsylvania .........

673.
674.

California ...............
Illinois ....................

675.

Colorado .................

676.

Indiana ..................

677.

Alabama .................

678.

Illinois ....................

679.

Pennsylvania .........

680.

Dist. of Columbia ..

681.

New Jersey ............

682.
683.
684.

Washington ...........
Connecticut ............
Massachusetts .......

685.
686.

New Mexico ...........
Massachusetts .......

687.

New Hampshire ....

688.

Pennsylvania .........

689.

California ...............

690.
691.

New York ...............
Florida ...................

692.

Missouri .................

693.

Virginia ..................

694.

Texas ......................

Upgrade Riverside Drive between 97th
Street and Tiemann, New York City ......
Capital improvements for the Red Hook
Barge in NY/NJ for the Port Authority
of NY/NJ ...................................................
Upgrade U.S. 113 north of U.S. 50 to MD
589 in Worcester County .........................
Implement transportation alternative relating
to
Court
Street
Bridge,
Woonsocket ...............................................
Construct Frazier Township interchange
on SR 28 in Alleghany .............................
Rehabilitate Artesia Boulevard ..................
Undertake access improvements to U.S.
Route 41, Chicago ....................................
Construct Wadsworth Boulevard improvement project in Arvada ............................
Construct I–70/Six Points interchange in
Marion and Hendricks County ...............
Construct repairs to viaducts connecting
downtown and midtown areas, Birmingham ...................................................
Construct VFW Road/Veteran’s Drive
from Townline Road to Broadway Road
in Pekin ....................................................
Design, engineer, ROW acquisition and
construct the Wilkes-Barre/Scranton
International Airport Access Road between Route 315 and Commerce Boulevard ...........................................................
Construct bicycle and pedestrian walkway
(Metropolitan Branch Trail), Union Station to Silver Spring ................................
Construct interchange improvements and
flyover ramps at I–80W to Route 23N in
Passaic County .........................................
Undertake SR 166 slide repair ...................
Reconstruct Broad Street in New Britain
Reconstruct Route 126 and replace bridge
spanning Route 9, Town of Framingham
Extend Unser Boulevard in Albuquerque
Implement Phase II of unified signage
system, Essex County ..............................
Construct Manchester Airport access road
in Manchester ...........................................
Improve U.S. 22/PA 866 Intersection in
Blair County .............................................
Improve Rancho Sante Fe Road in Carlsbad .............................................................
Renovate State Route 9 in Phillipstown ....
Construct Greater Orlando Aviation Authority Consolidated Surface Access in
Orlando .....................................................
Upgrade Route 169 between Smithville
and north of I–435, Clay County ............
Renovate Greater Richmond Transit
transportation facility, Richmond ...........
Conduct feasibility study on upgrading SH
16 in South Texas ....................................

(Dollars in
millions)

1.5

3
18

0.15
2.25
3
2.8125
0.25
14.9625

0.45

3.69675

1.5

8.5

8.5
4.875
2.4
3.525
0.65
0.29325
8.025
1.5
2.25
3.84
1.00575
5
3.75
0.1875

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

695.

Florida ...................

696.

Pennsylvania .........

697.

South Dakota ........

698.

West Virginia ........

699.

Texas ......................

700.

Ohio ........................

701.

California ...............

702.

Florida ...................

703.
704.
705.

Ohio ........................
Illinois ....................
Tennessee ..............

706.

Florida ...................

707.

California ...............

708.

Dist. of Columbia ..

709.

New Jersey ............

710.

Massachusetts .......

711.

Pennsylvania .........

712.

Illinois ....................

713.
714.

Michigan ................
Georgia ..................

715.

Michigan ................

716.

Massachusetts .......

717.

Kentucky ...............

718.

South Carolina ......

Construct interchange at 21st Street to
provide access to Talleyrand Marine
Terminal ...................................................
Gettysburg comprehensive road improvement study ................................................
Construct Eastern Dakota expressways, to
include construction of four-lane highways for South Dakota Highway 37 between Huron and Mitchell; U.S. Highway 83 between Pierre and I–90; and
U.S. Highway 12 between Aberdeen and
I–29 ...........................................................
Construct Shawnee Parkway between
junction with I–73/74 Corridor and I–77
Construct State Highway 121 from I–30 to
U.S. 67 in Cleburne .................................
Improve and construct SR 44/Jackson
Street Interchange in Painesville ...........
Construct four-lane highway facility (Hollister Bypass), San Benito County ..........
Construct I–4 reversible safety lane in Orlando .........................................................
Relocate Harrison/Belmont U.S. 250 .........
Widen 143rd Street in Orland Park ..........
Implement middle Tennessee alternative
transportation system along the Stones
River in Murfreesboro .............................
Construct County Road 470 Interchange
with Florida Turnpike .............................
Implement safety and congestion mitigation improvements along Pacific Coast
Highway, Malibu ......................................
Conduct studies and related activities pertaining to proposed intermodal transportation center ........................................
Construct Route 31 Fleming Bypass in
Hunterdon County ...................................
Construct TeleCom Boulevard with access
via Commercial Street and Corporation
Way to the west of Malden River and
with access via Santilli Highway to the
east of the river in Everett, Medord and
Malden ......................................................
Improve access to Raystown in Huntingdon County ...............................................
Study upgrading Illinois 13/127 between
Murphysboro and Pinckneyville .............
Widen Arch Street, Negaunee ....................
Widen U.S. 84 South from U.S. 82 to the
Ware County Line in Waycross and
Ware Counties ..........................................
Improve drainage on 6th Street in Menominee .....................................................
Replace Brightman Street bridge in Fall
River ..........................................................
Construct Newton Pike Extension between West Main Street to South Limestone in Lexington ...................................
Construct pedestrian walkway and safety
improvements along SC 277, Richland
County .......................................................

112 STAT. 283
(Dollars in
millions)

9.475
3

34.804
3.75
25
2
2.25
10.5
2
4
9.5
6
0.65
0.75
11.55

5.25
1.125
1.575
0.06
2.4
0.1125
7.23
6
0.8

112 STAT. 284

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

719.

Illinois ....................

720.

Pennsylvania .........

721.

Virginia ..................

722.

Virginia ..................

723.

Massachusetts .......

724.
725.

Connecticut ............
Pennsylvania .........

726.
727.

Michigan ................
Minnesota ..............

728.

Massachusetts .......

729.

Pennsylvania .........

730.
731.

Tennessee ..............
California ...............

732.

New York ...............

733.
734.

Michigan ................
Pennsylvania .........

735.

Texas ......................

736.

Massachusetts .......

737.
738.
739.

Washington ...........
California ...............
Pennsylvania .........

740.

Maine .....................

741.

California ...............

742.

California ...............

743.

Nevada ...................

744.

Massachusetts .......

745.

Illinois ....................

746.

Virginia ..................

747.

Virginia ..................

Conduct Midwest Regional intermodal facility feasibility study in Rochelle ..........
Reconfigure I–81 Exit 2 Ramp in Franklin
County .......................................................
Planning and design for Coalfields Expressway, Buchanan, Dickenson, and
Wise Counties ...........................................
Construct the Lynchburg/Madison Heights
bypass in Lynchburg ................................
Construct Cambridge Roadways Improvement project, Cambridge .........................
Construct I–95 interchange, New Haven ..
Conduct study and construct Ft. Washington
transportation
improvements,
Upper Dublin ........................................
Reconstruct I–75/M 57 interchange ...........
Construct railroad crossing connecting
University of MN with City of
Crookston ..................................................
Construct bicycle and pedestrian facility
(The Riverwalk), Peabody .......................
Upgrade PA 61 between PA 895 and SR
2014, Schuylkill County ..........................
Construct SR22 Bypass, Obion County .....
Improve streets and highways, and/or construct sound walls, Thousand Oaks .......
Complete engineering, design, environment reviews and other preliminary
work for the Miller Highway relocation
project in New York .................................
Construct M 5 Haggerty Connector ...........
Improve Sidling Hill Curve and Truck Escape in Fulton County .............................
Construct circumferential freeway loop
around Texarkana ....................................
Reconstruct Route 2/Jackson Road interchange, Lancaster ....................................
Improve Clinton Ferry Terminal ................
Upgrade Bristol Street, Santa Ana ............
Construct U.S. 30 Bypass from Exton Bypass to PA 10 ...........................................
Rehabilitate Piscataqua River bridges,
Kittery .......................................................
Construct extension of State Route 180
between Route 99 and the Hughes/West
Diagonal ....................................................
Construct Ocean Boulevard and Terminal
Island Freeway interchange in Long
Beach, California ......................................
Extend I–580 in Washie and Douglas
Counties ....................................................
Preliminary design of Route 2 connector
to downtown Fitchburg ............................
Improve and construct grade separation
on Cockrell Lane in Springfield ..............
Acquire land and construct segment of
Daniel Boone Heritage Trail (Kane Gap
section), Jefferson National Forest .........
Construct Route 288 in the Richmond
Metropolitan Area ....................................

(Dollars in
millions)

0.3
0.525
1
1.5
2.25
19.5
0.45
10.5
0.15
1.08
5
7.5
1.25

6
2.4
0.375
7.425
2.7
3.5
5.25
3
3.9375
6
15
3.75
1.5
1.8
0.5
18.75

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

748.

New York ...............

749.

Ohio ........................

750.

Louisiana ...............

751.

Georgia ..................

752.

Missouri .................

753.

Texas ......................

754.

Kansas ...................

755.

Florida ...................

756.

Oregon ...................

757.

Ohio ........................

758.
759.

South Carolina ......
Hawaii ...................

760.

Alabama .................

761.
762.
763.
764.

Alaska ....................
Ohio ........................
Missouri .................
Maryland ...............

765.

Minnesota ..............

766.

Colorado .................

767.

Pennsylvania .........

768.

Hawaii ...................

769.

California ...............

770.
771.

Florida ...................
South Carolina ......

772.

Illinois ....................

773.
774.

Washington ...........
Maryland ...............

775.

Alabama .................

776.

Connecticut ............

777.

Alabama .................

Construct congestion mitigation project for
Brookhaven ...............................................
Construct Licking-Thornwood Connector
in Licking County ....................................
Construct Florida Expressway in St. Bernard and Orleans Parishes .....................
Construct North River Causeway and
Bridge, St. Mary’s County .......................
Upgrade Eastern Jackson County, Jackson County ................................................
Conduct MIS for Multimodal Downtown
Improvement Project, San Antonio ........
Construct road and rail grade separations
in Wichita .................................................
Construct Cross Seminole Trail connection
in Seminole County ..................................
Upgrade I–5/Highway 217 interchange,
Portland ....................................................
Construct St. Clairsville Bike Path in Belmont County .............................................
Widen North Main Street, Columbia .........
Upgrade Puuloa Road between Kamehameha Highway and Salt Lake Boulevard ...........................................................
Construct new I–10 bridge over the Mobile River in Mobile .................................
Construct Coffman Cove ferryboat .............
Upgrade U.S. 30 from Wooster to Riceland
Replace bridge on Route 92, Platte County
Reconstruct segment of Baltimore Beltway
between U.S. 1 and I–70 .........................
Construct Gunflint Realignment project,
Grand Marais ...........................................
Construct alternative truck route in
Montrose ...................................................
Improve I–95/PA 413 Interchange in
Bucks County ...........................................
Construct improvements to H 1 between
the Waiawa interchange and the
Halawa interchange .................................
Construct new I–95 interchange with
Highway 99W, Tehama County ..............
Widen U.S. 17/92 in Volusia County .........
Construct I–77/SC #S–20–30 interchange,
Fairfield County .......................................
Construct access road to Melvin Price
Locks and Dam Visitors Center, Madison County ................................................
Reconstruct I–5 interchange, City of Lacy
Construct improvements at I–270/MD 187
interchange ...............................................
Construct Finley Avenue Extension East
project .......................................................
Construct
Greenmanville
Avenue
streetscape extension, including feasibility study, in towns of Groton,
Stonington and Mystic .............................
Construct Anniston Eastern Bypass from
I–20 to Fort McClellan in Calhoun
County .......................................................

112 STAT. 285
(Dollars in
millions)

3.75
1.5
0.15
2.175
4.5
0.75
26.25
1.125
5.25
0.5
9
6.75
10.78125
2.25
22.5
1
6.75
0.6
4.2
5.625
15
2.2
1.35
5.25
1.125
1.125
5.5
2.925

6.3
40.14

112 STAT. 286

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

778.

Louisiana ...............

779.

California ...............

780.

Georgia ..................

781.

Massachusetts .......

782.

Oregon ...................

783.

Arkansas ................

784.

Rhode Island .........

785.

New Hampshire ....

786.

Louisiana ...............

787.

Pennsylvania .........

788.

Pennsylvania .........

789.

Florida ...................

790.

North Carolina ......

791.

Massachusetts .......

792.

Virginia ..................

793.

California ...............

794.

Florida ...................

795.

Pennsylvania .........

796.

Alabama .................

797.

Missouri .................

798.

Iowa .......................

799.

California ...............

800.

Pennsylvania .........

801.
802.

Mississippi .............
California ...............

803.
804.

Wisconsin ...............
North Carolina ......

Construct Causeway Boulevard/Earhart
Expressway interchange in Jefferson,
Parish ........................................................
Create recreational trails in Santa Monica
Mountains National Recreation Area .....
Widen and reconstruct Corder Road from
Pineview Drive to the Russell Parkway
Construct Hyannis Intermodal Transportation Center, Hyannis ............................
Construct South Rivergate rail overcrossing in Portland .........................................
Improve Arkansas State Highway 59 from
Rena Road to Old Uniontown Road in
Van Buren ................................................
Reconstruct Pawtucket Avenue and
Wilcott Street, Pawtucket .......................
Improve the Bridge Street bridge in Plymouth ...........................................................
Install computer signal synchronization
system in Baton Rouge ............................
Improve Oxford Valley Road/U.S. 1 interchange in Bucks County ..........................
Construct U.S. 6 Tunkhannock Bypass in
Wyoming County ......................................
Construct U.S. 17/92 and SR 436 interchange
in
Orange/Osceola/Seminole
County region ...........................................
Upgrade U.S. 13/NC 11 (including Bethel
bypass) in Pitt and Edgecombe Counties
Conduct planning and engineering for
connector route between I–95 and industrial/business park, Attleboro ...........
Construct I–73 from Roanoke to the North
Carolina border ........................................
Upgrade Route 4 West in Contra Costa
County .......................................................
Construct I–4/John Young Parkway interchange project in Orlando .......................
Construct U.S. 202 Section 600 Phase I
Early Action project in Upper Gwynedd
and Lower Gwynedd ................................
Construct Historic Whistler Bike Trail in
Prichard, Alabama ...................................
Upgrade Route 6 between I–29 and Route
AC, St. Joseph ..........................................
Conduct study of Port of Des Moines, Des
Moines .......................................................
Improve State Route 57 interchange at
Lambert Road in Brea .............................
Improve ramp junctions at intersection of
SR 114 and Interstate 83, Fairview
Township ..................................................
Upgrade Land Fill Road, Panola County ..
Construct bike path between Sepulveda
Basin Recreation Area and Warner Center/Canoga Park, Los Angeles .................
Upgrade U.S. 51 Tomahark Bypass ...........
Construct segment of Raleigh Outer Loop,
Wake County ............................................

(Dollars in
millions)

4
6
2.55
2.4
11

1.875
1.125
1.036
4.875
1.5
1.8

2.0625
3.375

0.8
6
7.5
10.24425
4.5
0.5025
5
0.075
0.985
3
0.75
1.873
3.75
2.025

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

805.

Michigan ................

806.

California ...............

807.

Oregon ...................

808.

Pennsylvania .........

809.

Texas ......................

810.

Michigan ................

811.

California ...............

812.

Illinois ....................

813.

Tennessee ..............

814.

Washington ...........

815.

Minnesota ..............

816.

California ...............

817.

Washington ...........

818.

Tennessee ..............

819.

Iowa .......................

820.

Michigan ................

821.

Virginia ..................

822.

New York ...............

823.

Illinois ....................

824.

Louisiana ...............

825.

Pennsylvania .........

826.
827.

Alaska ....................
Pennsylvania .........

828.

Mississippi .............

829.
830.

California ...............
Virginia ..................

831.

New York ...............

832.

Iowa .......................

Conduct feasibility study on widening
U.S. 12 to three lanes between U.S. 127
and Michigan Highway 50 ......................
Widen U.S. 101 from Windsor to Arata
Interchange ..............................................
Upgrade access road and related facilities
to Port of Port Orford ..............................
Allegheny Trail from Pittsburgh, Pennsylvania to Cumberland, Maryland .............
Improve I–35 West from Spur 280 to I–
820 in Fort Worth ....................................
Reconstruct County Road 612 and County
Road 491, Montmorency County .............
Improve Folsom Boulevard—Highway 50
in the City of Folsom ...............................
Improve Illinois Route 29 in Sangamon
and Christian Counties ...........................
Upgrade SR 386 between U.S. 31 to the
Gallatin Bypass, Sumner County ...........
Improve primary truck access route on
East Marine View Drive, FAST corridor
in Washington ..........................................
Construct grade separated interchange at
south junction of TH 371/Brainerd bypass ...........................................................
Upgrade Greenville Road and construct
railroad underpass, Livermore ...............
Construct State Route 305 corridor improvements in Poulsbo .............................
Widen U.S. 321 from Kinzel Springs to
Wean Valley Road ....................................
Construct the Julien Dubuque Bridge over
the Mississippi River at Dubuque ..........
Conduct preliminary engineering, acquire
right-of-way and construct I–75/North
Down River Road interchange ................
Conduct historic restoration of Roanoke
Passanger Station in Roanoke ................
Undertake Linden Place reconstruction
project, Queens .........................................
Reconstruct interchange at I–294, 127th
Street and Cicero Avenue with new
ramps to the Tri-State Tollway, Alsip ....
Improve U.S. 165 from Alexandria to
Monroe ......................................................
Construct Western Innerloop from PA 26
to State Route 3014 .................................
Improve Dalton Highway ............................
Relocate U.S. 219, Ridgeway, Pennsylvania, truck bypass connector along
Osterhout Street ......................................
Widen State Route 24 from Liberty to I–
55 ...............................................................
Widen I–15 in San Bernardino County .....
Complete North Section of Fairfax County
Parkway in Fairfax County .....................
Rehabilitate segment of Henry Hudson
Parkway between Washington Bridge
and Dyckman Street, New York City .....
Relocate IA 192 and Avenue G viaduct in
Council Bluffs ...........................................

112 STAT. 287
(Dollars in
millions)

0.1875
1.1
1.5
6
3
0.6825
4.275
1.725
1.06
4.9
0.75
5.1
3.15
6.825
21
1.125
0.5
5.25
23.495
30
2.7
3.75
3.75
0.6875
18
7.5
1.5
4.5

112 STAT. 288

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

833.

Pennsylvania .........

834.

California ...............

835.

Texas ......................

836.

Virginia ..................

837.

Michigan ................

838.

Michigan ................

839.

Ohio ........................

840.

Tennessee ..............

841.

Washington ...........

842.

Wisconsin ...............

843.

Minnesota ..............

844.

New York ...............

845.

Pennsylvania .........

846.

Pennsylvania .........

847.

Puerto Rico ............

848.

Illinois ....................

849.

New Jersey ............

850.

Tennessee ..............

851.
852.

Connecticut ............
California ...............

853.

Wisconsin ...............

854.

Missouri .................

855.

New York ...............

856.
857.

Missouri .................
Alabama .................

858.

New York ...............

859.

California ...............

860.

Pennsylvania .........

861.

Missouri .................

Improve T–344 Bridge over Mahantango
Creek in Snyder County ..........................
Construct Phase 3 of Alameda Street
project, Los Angeles .................................
Construct Texas State Highway 49 between FM 1735 to Titus/Morris County
line ............................................................
Construct access road and related facilities for Fisher Peak Mountain Music Interpretive Center on Blue Ridge Parkway ............................................................
Construct grade separation on Sheldon
Road, Plymouth ........................................
Upgrade Three Mile Road, Grand Traverse ..........................................................
Relocate SR 30 for final design of south
alternative in Carroll County .................
Improve State Road 60 from Waterville to
U.S. 64 in Bradley County ......................
Construct 192nd Street from SR 14 to SE
15 ...............................................................
Reconstruct U.S. Highway 10, Waupaca
County .......................................................
Upgrade Highway 73 from 4.5 miles north
of Floodwood to 22.5 miles north of
Floodwood .................................................
Reconstruct Mamaroneck Avenue, White
Plains, Harrison and Mamaroneck .........
Reconfigure Pennsylvania Turnpike/Route
13 interchange ..........................................
Widen and improve Route 449 in Potter
County .......................................................
Upgrade PR 3 between Rio Grande and
Fajardo ......................................................
Construct Peoria City River Center parking facility in Peoria ................................
Construct Route 29/129 bicycle, pedestrian
and landscape improvement plan ...........
Upgrade
Briley
Parkway
between
McGavock Pike and I–65 .........................
Widen Route 4 in Torrington ......................
Widen 5th Street and replace 5th Street
bridge in Highland, California ................
Construct U.S. Highway 10, Freemont to
Appleton ....................................................
Upgrade U.S. 71 interchange in Carthage,
Missouri ....................................................
Construct Fordham University regional
transportation facility ..............................
Upgrade U.S. 63 in Howell County ............
Construct East Foley corridor project from
Baldwin County Highway 20 to State
Highway 59 ..............................................
Reconstruct Washington County covered
bridge project ............................................
Upgrade Route 4 East in Contra Costa
County .......................................................
Complete Broad Street ramps at Route
611 bypass in Bucks County ...................
Construct Strother Road/I–470 interchange, Jackson County ..........................

(Dollars in
millions)

0.525
2.5
4.8

2.7
5.25
0.75
1
1.2
3.75
9
2.775
4.375
0.375
0.75
6
3
4.125
4.2
2.1
0.75
3
0.75
1.75
6
5.25
1.7
8.5
1.6725
3

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

862.

Massachusetts .......

863.

Ohio ........................

864.
865.

Massachusetts .......
West Virginia ........

866.

Ohio ........................

867.
868.

Tennessee ..............
West Virginia ........

869.

California ...............

870.

Missouri .................

871.

Illinois ....................

872.

Kentucky ...............

873.

Tennessee ..............

874.

Connecticut ............

875.

Colorado .................

876.

Connecticut ............

877.
878.

New York ...............
Oregon ...................

879.
880.

Hawaii ...................
Pennsylvania .........

881.

Washington ...........

882.

Ohio ........................

883.

California ...............

884.

Texas ......................

885.

California ...............

886.

New York ...............

887.
888.

Indiana ..................
Florida ...................

Upgrade Route 9/Calvin Coolidge Bridge,
Hadley .......................................................
Rail mitigation and improvement projects
from Vermillion to Conneaut ..................
Construct I–95/I–93 interchange, Boston ..
Construct Riverside Expressway, Fairmont ..........................................................
Construct greenway enhancements in
Madison ....................................................
Reconstruct U.S. 27 in Morgan County .....
Upgrade U.S. Route 35 between I–64 and
South Buffalo Bridge ...............................
Construct I–5/Avenida Vista Hermosa
interchange in San Clemente ..................
Upgrade Route 36 between Hamilton and
Chillicothe .................................................
Replace Lebanon Avenue Bridge and approaches, Belleville ..................................
Construct U.S. 127: $5,250,000 for the Albany Bypass from KY696 to Clinton
County High School and $3,161,250 for
the segment between KY696 and the
Tennessee State Line ...............................
Improve U.S. 64 in Hardeman and
McNairy Counties ....................................
Replace bridges over Harbor Brook, Meriden .............................................................
Reconstruct I–225/Iliff Avenue interchange in Aurora .....................................
Reconstruct I–84 between vicinity of
Route 69 in Waterbury and Marion Avenue in Southington ..................................
Improve Cross Westchester Expressway ...
Design and engineering for intermodal
transportation center, Astoria ................
Construct Kapaa Bypass .............................
Construct enhancements and related
measures, including purchase of vans
for reverse commutes, to intermodal facility located at intersection of 52nd and
Lancaster Avenue, Philadelphia .............
Construct Edmonds Crossing Multimodal
transportation project in Edmonds .........
Construct Chagrin River/Gulley Brook
corridor scenic greenway along I–90 in
Lake County .............................................
Construct interchange between I–15 and
Main Street in Hesperia, California .......
Reconstruct State Highway 87 between
Sabine Pass and Bolivar Penninsula,
McFadden Beach ......................................
Widen State Route 29 between Route 281
and Route 175 ..........................................
Construct Hudson River scenic overlook
from Route 9 to Waterfront in Poughkeepsie ......................................................
Expand 126th Street in Carmel .................
Widen Gunn Highway between Erlich
Road and South Mobley Road in
Hillsborough County ................................

112 STAT. 289
(Dollars in
millions)

9.375
9
3.75
27
2.3
2.25
31
2.25
20
0.75

8.41125
3.75
4.9125
3.625
4.5
0.75
0.225
8.25

3
4.5
1.045
7.5
0.9705
0.275
0.336
0.75
1.5

112 STAT. 290

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

889.

Pennsylvania .........

890.

Michigan ................

891.

New Jersey ............

892.

New York ...............

893.

Mississippi .............

894.

California ...............

895.

Michigan ................

896.

Pennsylvania .........

897.

Illinois ....................

898.
899.

Maine .....................
Mississippi .............

900.

Washington ...........

901.

Indiana ..................

902.

Florida ...................

903.

Louisiana ...............

904.

New York ...............

905.

Washington ...........

906.

New Jersey ............

907.

Kentucky ...............

908.

Michigan ................

909.

Wisconsin ...............

910.

Georgia ..................

911.

Oregon ...................

912.

Pennsylvania .........

913.

Texas ......................

Relocate PA 113 at Creamery Village in
Skippack ...................................................
Upgrade Van Dyke Road between M 59
and Utica City limits ...............................
Replace the Ocean City-Longport bridge
in Cape May County ................................
Construct County Road 93 between NYS
27 and NYS 454 .......................................
Upgrade Brister Road between Tutwiler
and Coahoma County line, Tallahatchie
County .......................................................
Conduct highway 65 improvement and
mitigation project .....................................
Construct road drainage improvements,
Suttons Bay Village .................................
Construct 25.5 miles of the Perkiomen
Trail ..........................................................
Upgrade Bishop Ford Expressway/142nd
Street interchange ...................................
Implement rural ITS ...................................
Widen U.S. 84 from I–55 at Brookhaven
to U.S. 49 at Collins ................................
Widen Columbia Center Boulevard in
Kennewick ................................................
Repair signal wires, grade-crossing warning devices and other safety protections
along South Shore Railroad between
Gary and Michigan City ..........................
Replace St. Johns River Bridge in Volusia
and Seminole Counties ............................
Construct East-West Corridor project in
Southwest Louisiana ...............................
Improve and reconstruct Commerce Street
in York Town ............................................
Widen SR 522 in Snohomish County:
$3,650,000 for phase 1 from SR 9 to
Lake Road; $1,550,000 to construct segment from Paradise Lake Road to Snohomish River Bridge ................................
Design and construct pedestrian access facility from Joseph G. Minish Waterfront
Park over Route 21 to the New Jersey
Performing Arts Center and the contiguous light rail station in Newark ...........
Construct a segment of the I–66 corridor
from Somerset to I–75 .............................
Construct arterial connector between U.S.
41/M 28 and County Road 480, Marquette ........................................................
Upgrade State Highway 29 between
Green Bay and Wausau ...........................
Construct surface transportation facilities
along Atlanta-Griffin-Macon corridor .....
Repair Port of Hood River Bridge Lift
Span project ..............................................
Construct noise abatement barriers along
U.S. 581 from I–83 2.0) miles west in
Cumberland County .................................
Widen Highway 287 from Creek Bend
Drive to Waxahacie bypass .....................

(Dollars in
millions)

2.7
2.775
19.5
0.515
0.3825
4.275
0.18
0.486
1.125
0.1875
0.6875
1.2075

0.275
10.5
0.75
0.28

5.2

1
11.25
0.375
9
29.25
1.125
0.36
5.125

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

914.

Oregon ...................

915.

Texas ......................

916.
917.

New Hampshire ....
Tennessee ..............

918.

California ...............

919.

New Jersey ............

920.
921.

New York ...............
Puerto Rico ............

922.

Pennsylvania .........

923.
924.

New Hampshire ....
Massachusetts .......

925.
926.

Illinois ....................
California ...............

927.

Pennsylvania .........

928.

Maryland ...............

929.

Washington ...........

930.

New York ...............

931.

Michigan ................

932.
933.

Illinois ....................
New York ...............

934.

Ohio ........................

935.

Connecticut ............

936.

Pennsylvania .........

937.

Pennsylvania .........

938.

Illinois ....................

939.

California ...............

940.

California ...............

941.
942.

Texas ......................
California ...............

Design and engineering for Tualatin-Sherwood Bypass .............................................
Implement ‘‘Hike and Bike’’ trail program,
Houston .....................................................
Widen I–93 from Salem north ....................
Construct State Route 30 from Athens to
Etowah in McMinn County .....................
Undertake median improvements along E.
14th Street, San Leandro ........................
Construct Toms River bridge project connecting Dover and South Toms River
Borough .....................................................
Improve ferry infrastructure in Greenport
Upgrade PR 30 between PR 203 in
Gurabo to PR 31 in Juncos .....................
Improve access and interchange from I–95
to the international terminal at Philadelphia International Airport .................
Construct Orford Bridge .............................
Construct roadway improvements on
Crosby Drive and Middlesex Turnpike,
Beford, Burlington and Billerica ............
Reconstruct Midlothian Turnpike, Robbins
Plan, design and construct interchange
between I–15 and Sante Fe Road in
Barstow .....................................................
Reconstruct and widen U.S. Route 222 to
four-lane expressway between Lancaster/Berks County line and Grings
Mill Road and construction of Warren
Street extension in Reading ....................
Upgrade roads within Leakin Park Intermodal Corridor, Baltimore ......................
Widen SR522 from SR 9 to Paradise Lake
Road ..........................................................
Construct NYS Route 27 at intersection of
North Monroe Avenue .............................
Construct Detroit Metropolitan/Wayne
County South Access Road ......................
Reconstruct U.S. 6, Harvey ........................
Redesign Grand Concourse to enhance
traffic flow and related enhancements
between E. 161st Street and Fordham
Road, New York City ...............................
Construct Black River intermodal transportation center ........................................
Rehabilitate Route 202 bridge in New Milford ............................................................
Construct park and ride facilities in
Lower Bucks County ................................
Widen U.S. 11/15 between Mt. Patrick
and McKees Half Falls in Perry County
Undertake Industrial Transportation Improvement Program in Chicago ..............
Improve streets and construct bicycle
paths, Agoura Hills ..................................
Implement City of Compton traffic signal
systems improvements ............................
Construct relief route around Alice ...........
Reconstruct
Harbor
Boulevard/SR22
Interchange, City of Garden Grove ........

112 STAT. 291
(Dollars in
millions)

0.375
6
9.36
7.74
0.75
2.25
0.75
6
3
2.836
5.78775
0.216
3

19
2.4
3.6
4.215
15
1.245

9.75
3.45
2.025
1.125
3.75
3.2625
0.65
3.75
0.1875
1.5

112 STAT. 292

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

943.

North Carolina ......

944.

Utah .......................

945.

Utah .......................

946.
947.

Kentucky ...............
Minnesota ..............

948.

Arkansas ................

949.

Louisiana ...............

950.
951.

Oregon ...................
Louisiana ...............

952.

Washington ...........

953.

New York ...............

954.

West Virginia ........

955.

Washington ...........

956.

Indiana ..................

957.

Alabama .................

958.

Illinois ....................

959.

North Carolina ......

960.

Indiana ..................

961.

Missouri .................

962.

New Jersey ............

963.
964.

Missouri .................
Georgia ..................

965.

Pennsylvania .........

966.

Georgia ..................

967.

Georgia ..................

Upgrade U.S. 158 (including bypasses of
Norlina, Macon and Littleton) in Halifax and Warren Counties ........................
Construct 7800 South from 1300 West to
Bangerter Highway in West Jordan .......
Widen and improve 123rd/126th South
from Jordan River to Bangerter Highway in Riverton ........................................
Construct U.S. 127 Jamestown Bypass .....
Upgrade Cass County Road 105 and Crow
Wing County Road 125, East Gull Lake
Construct Highway 82 from Hamburg to
Montrose ...................................................
Construct Port of South Louisiana Connector in Saint John the Baptist Parish
Rehabilitate Broadway Bridge in Portland
Construct Metairie Rail Improvements
and Relocation project in Jefferson and
Orleans Parishes ......................................
Construct Port of Longview Industrial
Rail Corridor and Fibre Way Overpass
in Longview ..............................................
Study transportation improvements for
segments of Hutchinson River Parkway
and New England Thruway through the
Northeast Bronx .......................................
Construct I–73/74 Corridor, including connectors with WV Route 44 and County
Route 13 (Gilbert Creek), Mingo County
Improve I–90/Sunset Way interchange in
Issaquah ...................................................
Construct Marina Access Road in East
Chicago .....................................................
Construct bridge over Tennessee River
connecting Muscle Shoals and Florence
Resurface 63rd Street from Western Avenue to Wallace, Chicago ..........................
Upgrade Highway 55 between U.S. 64 and
State Route 1121, Wake and Durham
Counties ....................................................
Upgrade Ridge Road between Griffith and
Highland ...................................................
Construct Hermann Bridge on Highway
19 in Montgomery and Gasconade
Counties ....................................................
Replace Groveville-Allentown Road bridge
in Hanilton ...............................................
Upgrade U.S. 60 in Carter County ............
Construct the Fall Line Freeway from
Bibb to Richmond Counties .....................
Construct American Parkway Bridge
project in Allentown .................................
Upgrade U.S. Route 19 between Albany
and Thomaston .........................................
Construct noise barriers on the west side
of I–185 between Macon Road and Airport Thruway and on I–75 between Mt.
Zion Road and Old Dixie Highway in
the Atlanta area .......................................

(Dollars in
millions)

2.25
5.85

4.5
4.35
0.72
5.375
0.525
7.5

6

1.875

1

9.05
14.85
1
10
0.5625

17.25
3.3

1.1
2.4
20.25
17.25
3
3.75

0.75

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

968.

Oregon ...................

969.

Minnesota ..............

970.

Minnesota ..............

971.

Utah .......................

972.

California ...............

973.

New York ...............

974.

Massachusetts .......

975.

Tennessee ..............

976.

Mississippi .............

977.

Tennessee ..............

978.

California ...............

979.

Nebraska ...............

980.

Michigan ................

981.

West Virginia ........

982.

California ...............

983.

Pennsylvania .........

984.

California ...............

985.

Ohio ........................

986.
987.

Alabama .................
California ...............

988.

New York ...............

989.

Texas ......................

990.

Alaska ....................

991.

Washington ...........

992.
993.

Tennessee ..............
Texas ......................

994.

Michigan ................

995.

California ...............

Construct
I–205/Sunnyside/Sunnybrook
interchange and related extrension
road, Clackamas County .........................
Widen Trunk Highway 14/52 from 75th
Street, NW to Trunk Highway 63 in
Rochester ..................................................
Upgrade CSAH 61 between TH324 and
Snake River ..............................................
Construct underpass at 100th South in
Sandy ........................................................
Improve roadway to provide access to
Hansen Dam Recreation Area in Los
Angeles ......................................................
Construct Erie Canal Preserve I–90 rest
stop in Port Byron ....................................
Construct bike path between Route 16
(Everett) to Lynn Oceanside ...................
Construct Kingsport Highway in Washington County ................................................
Widen State Route 6 from Pontotoc to
U.S. 45 at Tupelo .....................................
Construct pedestrian and bicycle pathway
to connect with the Mississippi River
Trail, and restore adjacent historic cobblestones on riverfront, Memphis ...........
Construct improvements to Harry Bridges
Boulevard, Los Angeles ...........................
Construct NE 35 alternative and modified
route expressway in Norfolk and Wayne
Upgrade Davison Road between Belsay
and Irish Roads, Genessee County .........
Relocate segment of Route 33 (Scott Miller
Bypass), Roane County ............................
Rehabilitate B Street between Foothill
Boulevard and Kelly Street, Hayward ...
Construct exit ramp on I–180 at State
Route 2049 in Lycoming County ............
Improve streets and related bicycle lane
in Oak Park, Ventura County .................
Upgrade 11 warning devices on the rail
north/south line from Toledo to Deshler
Expand U.S. 278 in Cullman County ........
Improve the Avenue H overpass in Lancaster .........................................................
Construct U.S. 219 from Route 39 to
Route 17 ....................................................
Widen State Highway 35 from SH288 in
Angleton to FM521 and dedicate
$630,000 to the acquisition of right-ofway in Brazoria County ..........................
Extend Kenai Spur Highway-North Road
in Kenai Peninsula Borough ...................
Construct Interstate 405/NE 8th Street
interchange project in Bellevue ..............
Implement ITS technologies, Nashville .....
Construct Galveston Island Causeway Expansion project, Galveston ......................
Improve I–69 in Branch, Eaton and Calhoun Counties ..........................................
Improve streets in Canoga Park and
Reseda areas, Los Angeles ......................

112 STAT. 293
(Dollars in
millions)

17.2
9.75
0.9
3.51
0.75
2.25
1.275
1.5
11.25

2.25
6.5
3.375
3.2
4
0.525
7.875
0.466
0.825
5.4
4.575
20

5.175
6
17.625
2.8
0.5475
1.875
1

112 STAT. 294

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

996.

Illinois ....................

997.

Ohio ........................

998.
999.

California ...............
Pennsylvania .........

1000.

New York ...............

1001.

California ...............

1002.

Mississippi .............

1003.

New Jersey ............

1004.

California ...............

1005.

Ohio ........................

1006.

Iowa .......................

1007.

California ...............

1008.

Arkansas ................

1009.

Colorado .................

1010.
1011.

Louisiana ...............
Michigan ................

1012.

Louisiana ...............

1013.

New York ...............

1014.

Georgia ..................

1015.

Minnesota ..............

1016.

New York ...............

1017.

California ...............

1018.

Arkansas ................

1019.

Louisiana ...............

Undertake improvements to 127th Street,
Cicero Avenue and Route 83 to improve
safety and facilitate traffic flow, Crestwood ..........................................................
Construct new traffic signal and intersection upgrade for Village of Hebron in
Licking County .........................................
Upgrade U.S. 101 from Eureka to Arcata
Construct bicycle and pedestrian facility
between Washington’s Landing and
Millvale Borough, Allegheny County .....
Construct Maybrook Corridor bikeway in
Dutchess County ......................................
Construct I–10/Barton Road West/Anderson Street connection ...............................
Construct Jackson International Airport
Parkway and connectors from High
Street to the Jackson International Airport in Jackson .........................................
Upgrade I–78 interchange and West
Peddie Street ramps, Newark .................
Implement enhanced traffic access between I–10, area hospitals and southern
portion of Loma Linda .............................
Construct SR 711 connector four-lane limited access highway in Mahoning County ...............................................................
Extend NW 86th Street from NW 70th
Street to Beaver Drive in Polk County ..
Construct State Route 56 North connectors at I–5 and North and South connectors at I–15 in San Diego ........................
Construct the Ashdown Bypass/Overpass
in Ashdown ...............................................
Reconstruct and upgrade I–70/I–25 Interchange, Denver .........................................
Construct Zachary Taylor Parkway project
Upgrade Rochester Road between I–75
and Torpsey St .........................................
Construct I–10/Louisiana Avenue interchange .......................................................
Construct County Route 21, Peeksill Hollow Road renovation project ....................
Undertake Perimeter Central Parkway
Overpass
project
and
Ashford
Dunwoody interchange improvements at
I–285, De Kalb County ............................
Upgrade Highway 53 between Virginia
and Cook ...................................................
Initiate study and subsequent development and engineering of an international trade corridor in St. Lawrence
County .......................................................
Construct Alameda Corridor East, San
Gabriel Valley ..........................................
Upgrade Highway 63, Marked Tree to
Lake David ...............................................
Congestion mitigation and safety improvements to the Central thruway in Baton
Rouge ........................................................

(Dollars in
millions)

2
0.06
0.65
0.4
1.404
3.75

7.5
3.725
1.5
25
5.25
3
3.875
9
1
9.225
6
7.577

0.075
1.5

1.5
2.205
10
2.25

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1020.

Maryland ...............

1021.

Ohio ........................

1022.

Texas ......................

1023.

West Virginia ........

1024.

Massachusetts .......

1025.

Ohio ........................

1026.

Rhode Island .........

1027.

Minnesota ..............

1028.
1029.

Florida ...................
Ohio ........................

1030.

Texas ......................

1031.

Oklahoma ..............

1032.

Tennessee ..............

1033.

Virginia ..................

1034.

Connecticut ............

1035.

Florida ...................

1036.
1037.
1038.

Louisiana ...............
Illinois ....................
Massachusetts .......

1039.

New Jersey ............

1040.

Illinois ....................

1041.

New Jersey ............

1042.

New York ...............

1043.

Virginia ..................

Reconstruct Baltimore Washington Parkway at Route 197, Prince Georges County ...............................................................
Construct Wilmington Bypass, Wilmington .............................................................
Construct Houston Street Viaduct project
in Dallas ...................................................
Construct I–73/74 Corridor, including
interchange with U.S. 460, Mercer
County .......................................................
Reconstruct Pleasant Street-River Terrace, Holyoke ............................................
Improve and widen SR 45 from North of
the I–90 interchange to North Bend
Road in Ashtabula County ......................
Install directional signs in Newport and
surrounding communities ........................
Construct Highway 210 trail/underpass,
Brainerd/Baxter .......................................
A–1–A Beautification project in Daytona ..
Widen Licking SR 79–06.65 (PID 8314) in
Licking County .........................................
Relocate railroad tracks to eliminate road
crossings, and provide for the rehabilitation of secondary roads providing access to various parts of the Port and the
construction of new connecting roads to
access new infrastructure safely and efficiently, Brownsville ...............................
Reconstruct U.S. 70 from Broken Bow to
Arkansas State line in McCurtain County ...............................................................
Improve County Road 374 in Montgomery
County .......................................................
Enhance Maple Avenue streetscape in Vienna ..........................................................
Widen Route 10 from vicinity of Lazy
Lane to River Street in Southington ......
Widen U.S. 192 between County Route
532 and I–95 in Brevard and Osceola
Counties ....................................................
Construct Leeville Bridge on LA 1 .............
Construct I–57 interchange, Coles County
Upgrade Route 2 between Philipston and
Greenfield .................................................
Construct and/or reconstruct intermodal
transportation and maintenance facility
in Union City in order to replace the NJ
Transit depot ............................................
Construct Technology Avenue between
U.S. Route 45 East to Willenborg
Street, Effingham .....................................
Replace Maple Grange Road bridge over
Pochuck Creek in Sussex County ...........
Construct CR 96 from Great South Bay to
Montauk Highway in Suffolk County ....
Construct connector road from the proposed U.S. 58 Stuart bypass to Route 8
South beginning at the intersection of
Johnson Street in Stuart to Route 652 ..

112 STAT. 295
(Dollars in
millions)

11.25
3.75
5.125
15
1.2
6.17
0.225
0.48
3.3
9

4.5
3.93
3.75
2.025
3.48
18.75
1.125
8.15
3

2
2.735
1.35
0.275

5.25

112 STAT. 296

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1044.

Pennsylvania .........

1045.

Connecticut ............

1046.

Ohio ........................

1047.
1048.

Alabama .................
Connecticut ............

1049.

Louisiana ...............

1050.

New Jersey ............

1051.

Michigan ................

1052.

California ...............

1053.

Massachusetts .......

1054.

California ...............

1055.

Indiana ..................

1056.

Connecticut ............

1057.

Missouri .................

1058.

New York ...............

1059.

Illinois ....................

1060.

Tennessee ..............

1061.

Ohio ........................

1062.

Nevada ...................

1063.

Pennsylvania .........

1064.

Minnesota ..............

1065.
1066.
1067.
1068.

Florida ...................
Missouri .................
Nebraska ...............
Pennsylvania .........

1069.

Illinois ....................

1070.
1071.
1072.

California ...............
Utah .......................
Iowa .......................

1073.

Florida ...................

1074.

Washington ...........

Replace bridge over Shermans Creek in
Carroll .......................................................
Construct bicycle and pedestrian walkway, Town of East Hartford ....................
Construct grade separations at Front
Street and Bagley Road, Berea ...............
Upgrade SR 5 in Perry County ..................
Implement Trinity College Area road improvements, Hartford ..............................
Construct North/South Road/I–10–U.S. 61
connection in Kenner ...............................
Design and construction Belford Ferry
Terminal in Belford .................................
Construct safety enhancements at rail
crossings, Linden, Fenton, Swartz Creek
and Gaines ................................................
Extend 7th Street between F Street and
North 7th Street, Sacramento ................
Upgrade Spring Street between Bank and
Latham Streets, Williamstown ...............
Complete Citraeado Parkway project in
San Diego County ....................................
Conduct railroad relocation study in Muncie ..............................................................
Improve
Route
4
intersection
in
Harwinton .................................................
Widen U.S. 63 in Randolph and Boone
Counties ....................................................
Construct City of Glen Cove waterfront
improvements ...........................................
Reconstruct Greenbriar Road with construction of new turn lanes in vicinity of
John A. Logan College in Carterville .....
Construct bridge and approaches on State
Route 33 over the Tennessee River
(Henley Street Bridge) .............................
Construct SR 315 Ohio State University
Ramp project in Franklin County ..........
Improve at-grade railroad crossings in
Reno ..........................................................
Construct Williamsport-Lycoming County
Airport Access road from I–180 to the
airport .......................................................
Construct bicycle and pedestrian facility
(Mesabi Trail), St. Louis County ............
Widen State Road 44 in Volusia County ...
Upgrade MO Route 150, Jackson County
Construct bridge in Newcastle ...................
Construct PA 36 Convention Center Connector in Blair County .............................
Rehabilitate Western Springs Arterial
Roadway, Cook County ............................
Rehabilitate Highway 1 in Guadalupe ......
Widen 7200 South in Midvale ....................
Construct I–29 airport interchange overpass in Sioux City ....................................
Restore and rehabilitate Miami Beach
Bridge and waterfront in Miami Beach,
Florida .......................................................
Improve Huntington Avenue South in
Castle Rock ...............................................

(Dollars in
millions)

0.75
0.9
14.25
1.275
5.1075
5
3.45
0.75
1.5
1.5
2.25
0.045
1.35
31.5
3.75
1.05
9.9
3.5
1.875
5.25
2.25
1.6875
4.5
3
0.75
0.825
0.375
0.99
4.65
1.35
0.5625

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1075.

Minnesota ..............

1076.

Michigan ................

1077.

South Carolina ......

1078.

Texas ......................

1079.

Maryland ...............

1080.

California ...............

1081.

New Jersey ............

1082.

New York ...............

1083.

Texas ......................

1084.

Maine .....................

1085.

New York ...............

1086.

Minnesota ..............

1087.

Pennsylvania .........

1088.

Indiana ..................

1089.

California ...............

1090.
1091.

New Hampshire ....
Oregon ...................

1092.
1093.

Dist. of Columbia ..
Arkansas ................

1094.

Pennsylvania .........

1095.
1096.

Indiana ..................
Ohio ........................

1097.

Pennsylvania .........

1098.

Alabama .................

1099.
1100.

Maine .....................
Alabama .................

1101.
1102.

Illinois ....................
New York ...............

1103.

New York ...............

1104.

Illinois ....................

Implement Trunk Highway 8 Corridor
projects, Chisago County .........................
Relocate U.S. 31 from River Road to
Naomi Road in Berrian County ..............
Construct I–95/I–26 interchange, Orangeburg County ..............................................
Upgrade State Highway 35 Houston District Brazoria County ...............................
Improve Halfway Boulevard east and west
of Exit 5, I–81 in Washington County ...
Upgrade D Street between Grand and
Second Streets, Hayward ........................
Undertake improvements associated with
the South Amboy Regional Intermodal
Center .......................................................
Replace Kennedy-class ferries, Staten Island ...........................................................
Expand Winters Freeway (U.S. 83/84) in
Abilene between Southwest Drive and
U.S. 277 ....................................................
Replacement and renovation of Carlton
Bridge, Bath/Woolwich ............................
Rehabilitate Jay Covered Bridge in Essex
County .......................................................
Construct Elk River bypass from 171st
Avenue at Highway 10 to intersection of
County Roads 12 and 13 at Highway
169 .............................................................
Construct Route 72 overpass at Conrail in
Lebanon ....................................................
Upgrade Route 31 and other roads, St. Joseph and Elkhart Counties .....................
Install call boxes along Highway 166 between intersection with Highway 101
and junction with Highway 33 ................
Construct Chestersfield Bridge ..................
Construct bike path between Terry Street
and Greenhill Road, Eugene ...................
Conduct MIS of light rail corridors ............
Enhance area in the vicinity of Dickson
Street in Fayetteville ...............................
Extend North Delaware Avenue between
Lewis Street and Orthodox Street,
Philadelphia .............................................
Reconstruct Wheeling Avenue in Muncie ..
Construct interchange at I–480 in Independence ...................................................
Relocate PA 18 between 9th Avenue and
32nd Street, Beaver Falls ........................
Construct Eastern Shore Trail project in
Fairhope ....................................................
Studies and planning for extension of I–95
Replace bridge over Tombigbee River,
Naheola .....................................................
Reconstruct Cossitt Avenue in LaGrange
Improve Broadway in North Castle in
Westchester County .................................
Construct access improvements to Port of
Rochester Harbor, Rochester ..................
Reconstruct Broad Street between Maple
Street to Sixth Street, Evansville ...........

112 STAT. 297
(Dollars in
millions)

12.475
13.5
8.5
6.92
3
0.9
12
30
8.4
6
0.75

2.4
6.6075
4.5
0.216
2.536
1.17
0.75
1.125
4.2
1.2
3.5
1.05
1.01625
2.125
2.25
1.485
1.26
12
0.2625

112 STAT. 298

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1105.

California ...............

1106.

Alabama .................

1107.

Pennsylvania .........

1108.

Texas ......................

1109.

California ...............

1110.
1111.

Illinois ....................
Minnesota ..............

1112.

Michigan ................

1113.

New York ...............

1114.
1115.

California ...............
Illinois ....................

1116.
1117.
1118.

Pennsylvania .........
Virgin Islands ........
New Mexico ...........

1119.

California ...............

1120.

Kansas ...................

1121.

New York ...............

1122.

New York ...............

1123.

Pennsylvania .........

1124.

Utah .......................

1125.

California ...............

1126.

Florida ...................

1127.

Texas ......................

1128.

Illinois ....................

1129.

Connecticut ............

1130.

New York ...............

1131.

Florida ...................

1132.
1133.

Mississippi .............
Mississippi .............

1134.
1135.

Pennsylvania .........
Michigan ................

Widen SR 71 from Riverside County to SR
91 ...............................................................
Construct improvements to 19th Street
between I–59 and Tuxedo Junction, Birmingham ...................................................
Improve safety on PA 41 from U.S. 30 to
PA 926 ......................................................
Construct 6th and 7th Street overpass
over railroad yard, Brownsville ..............
Upgrade intersection of Folsom Boulevard
and Power Inn Road, Sacramento ..........
Replace Gaumer Bridge near Alvin ...........
Upgrade TH6 between Talmoon and Highway 1 .........................................................
Extend Trowbridge Road from Harrison
Road to Red Cedar Road .........................
Reconstruct Flushing Avenue between
Wycoff Avenue and Gates Street ............
Construct I–580 interchange, Livermore ...
Upgrade South Lake Shore Drive between
47th and Hayes, Chicago .........................
Improve PA 26 in Huntingdon County ......
Construct bypass around Christiansted ....
Complete the Paseo del Norte East Corridor in Bernalillo County .......................
Upgrade Industrial Parkway Southwest
between Whipple Road and improved
segment of the parkway, Hayward .........
Widen U.S. 81 from Minneapolis, Kansas
to Nebraska ..............................................
Construct sound barriers on Grand Central Parkway between 244th Street and
Douglaston Parkway ................................
Construct Bike Paths along the Bronx
River in Bronx Park ................................
Conduct preliminary engineering and design for the U.S. 219 bypass of Bradford
Widen and improve 123rd/126th South
from 700 East to Jordan River in Draper ...............................................................
Construct Olympic Training Center Access
road, Chula Vista .....................................
Pedestrian safety initiative on U.S. 19 in
Pinellas County ........................................
Construct U.S. Highway 59 railroad crossing overpass in Texarkana ......................
Widen and improve U.S. 34 intechange in
Aurora .......................................................
Construct Hartford Riverwalk South,
Hartford ....................................................
Rehabilitate transportation facilities in
CO-OP City ...............................................
Widen and realign Eller Drive in Port Everglades .....................................................
Construct I–20 interchange at Pirate Cove
Widen U.S. 98 from Pike County to
Foxworth ...................................................
Improve Route 219 in Clearfield County ...
Replace Barton Road/M 14 interchange,
Ann Arbor .................................................

(Dollars in
millions)

13
0.675
6
0.375
7.5
0.9
0.9
1.875
2.25
9.9
5.85
0.75
6
3.325
0.45
20.85
0.375
0.25
0.75
6.3
5
5.1
2.625
6
2.64
1
4.2
0.75
0.6875
0.75
0.75

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1136.

Nebraska ...............

1137.

New York ...............

1138.

California ...............

1139.
1140.

Illinois ....................
Kentucky ...............

1141.

New Jersey ............

1142.

California ...............

1143.

Utah .......................

1144.

Pennsylvania .........

1145.

New Jersey ............

1146.

Michigan ................

1147.

Pennsylvania .........

1148.

Washington ...........

1149.

New York ...............

1150.
1151.

Arkansas ................
Ohio ........................

1152.

Texas ......................

1153.

Michigan ................

1154.

Tennessee ..............

1155.
1156.

Massachusetts .......
Pennsylvania .........

1157.

Washington ...........

1158.
1159.

Hawaii ...................
West Virginia ........

1160.

Florida ...................

1161.

Michigan ................

1162.

Florida ...................

1163.

Colorado .................

1164.

Pennsylvania .........

1165.

California ...............

Construct the Antelope Valley Overpass
in Lincoln ..................................................
Reconstruct Niagara Street, Quay Street,
and 8th Street including realignment of
Qual Street and 8th Avenue in Niagara
Falls ..........................................................
Upgrade and synchronize traffic lights in
the Alameda Corridor East in Los Angeles County .................................................
Widen U.S. 20 in Freeport ..........................
Reconstruct Liberty and Todd Roads, Lexington ........................................................
Upgrade Montvale/Chestnut Ridge Road
and Grand Avenue intersection at Garden State Parkway in Bergan County ...
Widen SR 23 between Moorpark and
Thousand Oaks ........................................
Extend Main Street from 5600 South to
Vine Street in Murray .............................
Construct access road to Hastings Industrial Park, Cambria County ....................
Improve Old York Road/Rising Run Road
intersection in Burlington .......................
Construct deceleration lane in front of
4427 Wilder Road, Bay City ....................
Construct I–81 noise abatement program
in Dauphin County ..................................
Construct Peace Arch Crossing of Entry
(PACE) lane in Blaine .............................
Traffic Mitigation Project on William
Street and Losson Road in Cheektowaga
Construct North Belt Freeway ...................
Improve and widen SR 91 from SR 43
south to county line/city line in Solon ....
Upgrade U.S. Route 59 between U.S. 281
to I–37 .......................................................
Construct M 24 Corridor from I–69 to
southern Lapeer County ..........................
Construct greenway and bicycle path corridor, City of White House ......................
Rehabilitate Union Station in Springfield
Install city-wide signalization (SAMI)
project in Lebanon ...................................
Widen SR 543 from I–5 to International
Boundary ..................................................
Replace Sand Island bridge ........................
Upgrade Route 10 between Logan and
Man ...........................................................
Expand Palm Valley Bridge in St. Johns
County .......................................................
Improve U.S. 31 from Holland to Grand
Haven ........................................................
Upgrade U.S. 319 between I–10 and the
Florida/Georgia State line .......................
Improve SH 74/JC 73 interchange, City of
Evergreen in Jefferson County ...............
Improve Route 94 Corridor through Hanover to Maryland State Line ...................
Undertake San Pedro Bridge project at SR
1, Pacifica .................................................

112 STAT. 299
(Dollars in
millions)

5.625

2.625
17.25
3.825
6
0.375
10.5
10.35
3.05
4.98
0.015
0.48
4.9
3
5.25
4.25
12
2
3.2
12
0.75
10.2
0.75
50
3.1
2.25
3.75
4.188
6
1.125

112 STAT. 300

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1166.

Michigan ................

1167.
1168.
1169.
1170.
1171.

Illinois ....................
Virginia ..................
Texas ......................
Utah .......................
New Jersey ............

1172.

Arkansas ................

1173.
1174.

California ...............
Pennsylvania .........

1175.
1176.

North Carolina ......
California ...............

1177.

Arizona ..................

1178.

Virginia ..................

1179.
1180.

Mississippi .............
Tennessee ..............

1181.

Florida ...................

1182.

Illinois ....................

1183.

Ohio ........................

1184.
1185.

Colorado .................
New York ...............

1186.
1187.

North Dakota ........
Ohio ........................

1188.

California ...............

1189.
1190.

Ohio ........................
Mississippi .............

1191.
1192.

California ...............
Missouri .................

1193.

North Carolina ......

1194.
1195.

Illinois ....................
Minnesota ..............

1196.

Texas ......................

1197.
1198.

Washington ...........
California ...............

Upgrade Tittabawasee Road between
Mackinaw Road and Midland Road,
Saginaw County .......................................
Improve IL 159 in Edwardsville .................
Improve East Eldon Street in Herndon .....
Construct Cleveland Bypass .......................
Widen SR 36 from I–80 to Mills Junction
Eliminate Berlin Circle and signalize
intersection in Camden ...........................
Upgrade U.S. Route 412, Fulton County
line to Missouri State line .......................
Upgrade Del Almo Boulevard at I–405 .....
Improve access to McKeesport-Duquesne
Bridge ........................................................
Construct U.S. 64/264 in Dare County ......
Construct Gene Autry Way/I–5 Access
project, Anaheim ......................................
Construct Veterans’ Memorial overpass in
Pima County .............................................
Conduct preliminary engineering on I–73
between Roanoke and Virginia/North
Carolina State line ...................................
Upgrade roads, Washington County ..........
State Highway 109 upgrade planning and
engineering, Sumner County ..................
Construct John Young Parkway/I–4 interchange .......................................................
Rehabilitate and upgrade 87th Street Station to improve intermodal access ..........
Upgrade SR 124 between Five Points and
Ravenswood Bridge, Meigs County ........
Construct Broadway Viaduct, Denver .......
Construct Bay Shore Road SR 231 to SR
27 in Suffolk County ................................
Construct Jamestown bypass .....................
Upgrade State Route 18 between I–71 and
I–77 ...........................................................
Construct Overland Drive overcrossing in
Temecula ...................................................
Upgrade U.S. Route 422 through Girard ..
Widen MS 45 from Brooksville to U.S. 82
in Mississippi ...........................................
Extend Highway 41 in Madera County .....
Construction and upgrade of U.S. 71/I–49
in Newton and McDonald County ..........
Upgrade U.S. 158 in Warren and Halifax
Counties ....................................................
Reconstruct I–74 through Peoria ...............
Construct Shepard Road/Upper Landing
interceptor, St. Paul .................................
Construct segment l of a bypass to I–35
known as SH 130. The State of Texas
shall consult with all appropriate local
officials, representatives of the affected
local communities, and provide for public comment prior to determining a final
alignment for the project .........................
Redevelop Port of Anacortes waterfront ....
Construct I–15 Galinas interchange in
Riverside County ......................................

(Dollars in
millions)

3
3.20625
0.375
10.125
2.25
6
7.5
5
2.15
0.75
6.75
11.25
3
3.3075
1.84
6
1.7715
3.75
3
7.53
3.6
1.55
3.75
4.72
3.375
5.5
24.97725
2.25
2
2.25

13.5
0.05
6.375

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1199.

New Jersey ............

1200.

Michigan ................

1201.
1202.
1203.

Maine .....................
Rhode Island .........
Oregon ...................

1204.
1205.

Maine .....................
New York ...............

1206.
1207.

New Hampshire ....
New Jersey ............

1208.
1209.

California ...............
Indiana ..................

1210.

Arkansas ................

1211.

Oklahoma ..............

1212.

Texas ......................

1213.

Minnesota ..............

1214.

Mississippi .............

1215.

California ...............

1216.

Nevada ...................

1217.

Connecticut ............

1218.

Oklahoma ..............

1219.

Pennsylvania .........

1220.

Arkansas ................

1221.

Michigan ................

1222.

Pennsylvania .........

1223.

Indiana ..................

1224.
1225.
1226.

Illinois ....................
Indiana ..................
Kentucky ...............

Replace Kinnaman Avenue bridge over
Pohatcong Creek in Warren county .......
Upgrade (all weather) on U.S. 2, U.S. 41,
and M 35 ...................................................
Upgrade Route 11 ........................................
Reconstruct Harris Avenue, Woonsocket ...
Construct bike path between Main Street/
Highway 99 in Cottage Grove to Row
River Trail, Cottage Grove ......................
Improve Route 26 ........................................
Rehabilitate Third Avenue Bridge over
Harlem River, New York City ................
Construct the Keene bypass .......................
Construct grade separation of Route 35
and Tinton Falls and extend Shrewsbury Avenue in Monmouth .....................
Reconstruct La Loma Bridge in Pasadena
Remove and replace Walnut Street in
Muncie ......................................................
Construct U.S. 270 East-West Arterial in
Hot Springs ..............................................
Reconstruct and widen I–40 Crosstown
Bridge and Realignment in downtown
Oklahoma City, including demolition of
the existing bridge, vehicle approach
roads, interchanges, intersections, signalization and supporting structures between I–35 and I–44 ................................
Widen Meacham Boulevard from I–35W to
FM 146 and extend Meacham Boulevard from west of FM 156 to North
Main Street ..............................................
Upgrade CSAH 116 north of CSAH 88 in
Ely .............................................................
Upgrade West County Line Road, City of
Jackson .....................................................
Construct Imperial Highway grade separation and sound walls at Esperanza
Road/Orangethorpe Avenue in Yorba
Linda .........................................................
Widen I–15 from California State line to
Las Vegas .................................................
Improve and realign Route 8 in Winchester .......................................................
Reconstruct U.S. 70 in Marshall and
Bryan Counties ........................................
Construct California University of Pennsylvania intermodal facility ....................
Construct turning lanes at U.S. 71/AR 8
intersection in Mena ................................
Construct intermodal freight terminal in
Wayne County ..........................................
Improve PA 17 from PA 274 to PA 850 in
Perry County ............................................
Install traffic signalization system in
Muncie ......................................................
Upgrade U.S. 40 in Martinsville ................
Construct SR 9 bypass in Greenfield .........
Conduct feasibility study for Northern
Kentucky High Priority Corridor (I–74)

112 STAT. 301
(Dollars in
millions)

1.2
1.275
3
1.5
0.23
1.125
1.5
4.899
3.75
2.25
1.605
6.875

72.7875

2
1.2
8.25

12.515
1.875
1.515
0.11
1
0.1875
18
0.75
0.675
0.094
2.3625
0.375

112 STAT. 302

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1227.

Hawaii ...................

1228.

Florida ...................

1229.

Mississippi .............

1230.
1231.

South Dakota ........
Illinois ....................

1232.

Texas ......................

1233.

New York ...............

1234.

Ohio ........................

1235.

California ...............

1236.

Massachusetts .......

1237.

Illinois ....................

1238.

West Virginia ........

1239.

New Jersey ............

1240.

Kansas ...................

1241.

Pennsylvania .........

1242.

Missouri .................

1243.

Pennsylvania .........

1244.

West Virginia ........

1245.

New York ...............

1246.

West Virginia ........

1247.
1248.

New Hampshire ....
Washington ...........

1249.

Iowa .......................

1250.

Pennsylvania .........

1251.

Ohio ........................

1252.

Texas ......................

1253.

Idaho ......................

Construct interchange at junction of proposed North-South road and H 1 ............
Construct improvements to JFK Boulevard, Eatonville ........................................
Construct access improvments to various
roads, Humphreys County ......................
Construct Heartland Expressway Phase I
Construct Raney Street Overpass in
Effingham .................................................
Road improvements along historic mission
trails in San Antonio ...............................
Construct Elmira Arterial from Miller to
Cedar .........................................................
Construct a new interchange at County
Road 80 and I–77 in Dover with
$100,000 to preserve or reconstruct the
Tourism Information Center ...................
Construct Airport Boulevard interchange
in Salinas ..................................................
Construct South Weymouth Naval Air
Station Connectivity Improvements .......
Construct new entrance to Midway Airport Terminal ...........................................
Preliminary engineering, design and construction of the Orgas to Chelayn Road,
Boone County ...........................................
Construct U.S. 22/Chimney Rock Road
interchange in Somerset County ............
Reconstruct K 7 from Lone Elm Road to
Harrison ....................................................
Install traffic signal upgrade in Clearfield
Borough in Clearfield County .................
Construct Grand Avenue viaduct over Mill
Creek Valley in St. Louis ........................
Construct improvements to North Shore
Roadway and access in the City of Pittsburgh .........................................................
Construct improvements on WV 9 including turning lane and signalization,
Berkely County ........................................
Conduct Trans-Hudson Freight Improvement MIS, New York City .......................
Upgrade Route 2 in Cabell County, including the relocation of Route 2 to provide
for a connection to I–64 (Merrick Creek
Connector) ................................................
Construct Hindsale Bridge .........................
Reconstruct I–82/SR 24 intersection and
add lanes on SR 24 to Keys Road ...........
Construct controlled access four-lane highway between Des Moines and Burlington .......................................................
Construct bicycle and pedestrian facility
between Boston Bridge and McKee
Point Park, Allegheny County ................
Upgrade and widen U.S. 24 from I–469 to
I–475 .........................................................
Upgrade FM517 between Owens and FM
3346, Galveston ........................................
Construct U.S. 95: Sandcreek Alternate
Route in Sandpoint ..................................

(Dollars in
millions)

1.5
0.75
0.75
6.505
4.4
1.875
2.25

7.1
6
14.225
6.5
2
17.25
2.79
0.375
1.65
11
0.2
3

10
2.536
6.48
9.525
0.125
17.25
2.892
13.5

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1254.
1255.

New Jersey ............
California ...............

1256.

Pennsylvania .........

1257.

New York ...............

1258.
1259.

Texas ......................
Illinois ....................

1260.

Georgia ..................

1261.

Mississippi .............

1262.

American Samoa ...

1263.

Maryland ...............

1264.
1265.

West Virginia ........
Alabama .................

1266.

Virginia ..................

1267.
1268.

New Mexico ...........
Pennsylvania .........

1269.

New York ...............

1270.

Alabama .................

1271.
1272.

Texas ......................
Nebraska ...............

1273.

California ...............

1274.

Minnesota ..............

1275.

California ...............

1276.

Pennsylvania .........

1277.

Indiana ..................

Replace Calhoun Street Bridge in Trenton
Construct
Cabot-Camino
Capistrano
Bridge project in Southern Orange
County .......................................................
Construct PA 16 Truck climbing lane in
Franklin County .......................................
Construct Eastern Long Island Scenic
Byway in Suffolk County ........................
Construct Loop 197, Galveston ..................
Construct Western Springs Pedestrian
and Tunnel project, Cook County ...........
Construct the Savannah River Parkway in
Bullock,
Jenkins,
Screven
and
Effinghaus Counties ................................
Construct connector between U.S. 90 and
I–10 in Biloxi ............................................
Construct drainage system improvements
associated with highway construction on
Tutilla Island ............................................
Implement citywide signal control system
replacements and improvements in Baltimore ........................................................
Construct I–81 interchange, Martinsburg
Replace pedestrian bridges at Village
Creek and Valley Creek, Birmingham ...
Improve Route 123 from Route 1 to Fairfax County line in Prince William County ...............................................................
Improve U.S. 70 from I–25 to Organ .........
Undertake transportation enhancement
activities within the Lehigh Landing
Area of the Delaware and Lehigh Canal
National Heritage Corridor .....................
Implement Melrose Commons geographic
information system ..................................
Construct repairs to Pratt Highway
Bridge, Birmingham ................................
Construct Spur 10 from SH 36 to U.S. 59
Replace U.S. 81 bridge between Yankton,
South Dakota and Cedar County ...........
Construct Centennial Transportation Corridor ..........................................................
Construct Phalen Boulevard between I–
35E and I–94 ............................................
Reconstruct Palos Verdes Drive, Palos
Verdes Estates .........................................
Facilitate coordination of transportation
systems at intersection of 46th and
Market, and enhance access and related
measures to area facilities including
purchase of vans for reverse commutes,
Philadelphia .............................................
Improve Southwest Highway from Bloomington to Evansville .................................

112 STAT. 303
(Dollars in
millions)

0.975
1.5
1.5
11.25
3.2175
0.925
7.5
6.375
3.75
13.275
5.05
0.075
11.25
18.75

5.25
0.75
0.45
3
1.125
15.75
9.75
0.3375

3
27

112 STAT. 304

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1278.

Pennsylvania .........

1279.

Washington ...........

1280.

Ohio ........................

1281.

Michigan ................

1282.
1283.

California ...............
Michigan ................

1284.

Arkansas ................

1285.

Mississippi .............

1286.

Illinois ....................

1287.

Virginia ..................

1288.

Pennsylvania .........

1289.

Arkansas ................

1290.

Pennsylvania .........

1291.

Minnesota ..............

1292.

Texas ......................

1293.

Pennsylvania .........

Construct an access road in Bedford
Springs, Pennsylvania, 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 or other projects in the
counties of Bedford, Blair, Fulton,
Franklin, Mifflin, Fulton and Clearfield,
and Huntingdon, as selected by the
Commonwealth of Pennsylvania .............
Undertake FAST Corridor improvements
with the amounts provided as follows:
$12,000,000 to construct the North
Duwamish
Intermodal
Project,
$3,375,000 for the Port of Tacoma Road
project, $2,250,000 for the SW Third
Street/BSNF
project
in
Auburn,
$1,500,000 for the S. 277th Street/BNSF
project in Auburn/Kent, $1,500,000 for
the S. 277th Street/UP project in Auburn Kent, $1,500,000 for the S. 180th
Street E/BSNF project in Tukwila,
$750,000 for the 8th Street E/BSNF
project in Pierce County, and $1,125,000
for the Shaw Road extension Puyallup ..
Construct interchange at SR 11 and King
Graves Road in Trumball County ...........
Apply ITS technologies relating to traffic
control, Lansing .......................................
Stabilize U.S. 101 at Wilson Creek ............
Construct interchange at Eastman Avenue/U.S. 10 in Midland ...........................
Enhance area around the Paris Courthouse in the vicinity of Arkansas Scenic
Highway 22 and Arkansas Scenic Highway 309, Paris ..........................................
Upgrade
Hampton
Lake
Road,
Tallahatchie County ................................
Undertake improvements to Campus
Transportation System ............................
Construct access road, walking trail and
related facilities for the Nicholsville
Center, Scott County ...............................
Improve intersection of U.S., S.R. 3066,
and West Allegheny Road, North Fayette Township ...........................................
Construct Highway 425 from Pine Bluff to
the Louisiana State line ..........................
Construct Independence Gateway Transportation Center project, Philadelphia ...
Upgrade Perpich Memorial from CR 535
to CSAH 111 .............................................
Construct U.S. Route 67 Corridor through
San Angelo ................................................
Construct improvements to roadway and
parking facility in the vicinity of St.
Francis College, Cambria County ...........

(Dollars in
millions)

28.18

24
5.56
2.775
0.65
8.25

0.3
0.66
0.75

0.225

3.5
5.375
5.5
2.1
5.25

2

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1294.

Missouri .................

1295.

New York ...............

1296.

Maryland ...............

1297.

Massachusetts .......

1298.

Kentucky ...............

1299.

Virginia ..................

1300.

New Hampshire ....

1301.

Pennsylvania .........

1302.
1303.

Hawaii ...................
North Carolina ......

1304.

Maine .....................

1305.

Mississippi .............

1306.
1307.

Texas ......................
California ...............

1308.

Pennsylvania .........

1309.

Virginia ..................

1310.
1311.

Illinois ....................
Texas ......................

1312.

Minnesota ..............

1313.

Arizona ..................

1314.

North Carolina ......

1315.

New York ...............

1316.

Illinois ....................

1317.

North Dakota ........

1318.

South Carolina ......

1319.

Arkansas ................

1320.

New York ...............

1321.
1322.
1323.

California ...............
California ...............
Illinois ....................

1324.

Pennsylvania .........

Construct extension of bike path between
Soulard market area and Riverfront
bike trail in St. Louis ..............................
Construct intermodal facility in Yonkers,
Westchester County .................................
Construct intersection improvements to
facilitate access to NSA facility, Anne
Arundel County ........................................
Undertake vehicular and pedestrian
movement improvments within Central
Business District of Foxborough .............
Construct KY 70 from Cave City to Mammoth Cave .................................................
Construct Main Street Station in Richmond .........................................................
Improve 3 Pisquataqua River Bridges on
the New Hampshire—Maine border .......
Construct Abbey Trails in Abington Township ............................................................
Upgrade Kaumualii Highway .....................
Upgrade and improve U.S. 19 from
Maggie Valley to Cherokee .....................
Replace
Ridlonville
Bridge
across
Androscoggin River ..................................
Upgrade and widen U.S. 49 in Rankin,
Simpson, and Covington Counties ..........
Upgrade SH 30, Huntsville ........................
Reconstruct the I–710/Firestone Boulevard interchange ......................................
Widen U.S. 30 from Walker Road to Fayetteville in Franklin County ...................
Construct Southeastern Parkway and
Greenbelt in Virginia Beach ...................
Replace State Route 47 Bridge in Morris ..
Upgrade Highway 271 between Paris and
Pattonville ................................................
Improve roads, Edge of Wilderness, Grand
Rapids to Effie ..........................................
Reconstruct I–19, East Side Frontage
Road, Ruby Road to Rio Rico Drive,
Nogales .....................................................
Construct I–85 Greensboro Bypass in
Greensboro ................................................
Improve access to I–84/Dutchess intermodal facility in Dutchess County .........
Construct I–88 interchange at Peace Road
in De Kalbe ...............................................
Upgrade U.S. Route 52, Kenmare to Donnybrook .....................................................
Construct improvements to I–95/SC 38
interchange ...............................................
Construct Highway 15 from Connector
Road to Railroad Overpass in Pine Bluff
Reconstruct 79th Street Traffic Circle,
New York City ..........................................
Extend State Route 52 in San Diego .........
Construct Sacramento Intermodal Station
Construct Central Avenue/Narragansett
Avenue connector, Chicago ......................
Construct Walnut Street pedestrian
bridge in Dauphin County .......................

112 STAT. 305
(Dollars in
millions)

0.6
8.687
2.25
1.56
1.5
6
1.65
0.45
8.25
15
1.125
0.6875
1.875
12
1.5
3
14.25
1.5
4.5
7.5
22.125
2.21
1.5
2.1
6.75
0.875
7
2.25
3
3.7
0.75

112 STAT. 306

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1325.

Indiana ..................

1326.
1327.

Georgia ..................
Michigan ................

1328.

Washington ...........

1329.

Illinois ....................

1330.

Pennsylvania .........

1331.

Louisiana ...............

1332.

New York ...............

1333.

Ohio ........................

1334.

South Carolina ......

1335.

Virginia ..................

1336.
1337.

Kansas ...................
Texas ......................

1338.

New Jersey ............

1339.
1340.

California ...............
California ...............

1341.

Arkansas ................

1342.

Louisiana ...............

1343.

Pennsylvania .........

1344.

New York ...............

1345.

Pennsylvania .........

1346.

Oregon ...................

1347.

Alabama .................

1348.
1349.

Alaska ....................
Pennsylvania .........

1350.

Mississippi .............

1351.
1352.

Illinois ....................
New Jersey ............

Conduct rail-highway feasibility project
study in Muncie .......................................
Upgrade U.S. Route 27 ...............................
Improve Hoban Road and Grand Avenue,
City of Mackinac Island ..........................
Construct Cross Base Corridor, Fort
Lewis-McChord AFB ................................
Construct bicycle/pedestrian trail parallel
to light rail transit system in St. Clair
County .......................................................
Improve Bedford County Business Park
Rd in Bedford County ..............................
Construct Port of St. Bernard Intermodal
facility .......................................................
Construct bridge deck over the Metro
North right-of-way along Park Avenue
between E. 188th and 189th Streets ......
Conduct feasibility study for the construction of Muskingum County South 93–
22–40 connector ........................................
Upgrade U.S. Highway 301 within Bamberg ...........................................................
Construct road improvements, trailhead
and related facilities for Birch Knob
Trail on Cumberland Mountain ..............
Widen U.S. 169 in Miami County ..............
Construct extension of Bay Area Boulevard ...........................................................
Construct highway connector between
Interstate Route 1&9 (Tonelle Avenue)
and the New Jersey Turnpike at
Secaucus Intermodal Transfer Rail Station and the Trans Hudson Corridor at
the Bergen Arches arterial roadway ......
Modify HOV lanes, Marin County .............
Widen U.S. 101 from Petaluma Bridge to
Novato .......................................................
Construct U.S. 63 interchange with Washington Avenue and Highway 63B ...........
Kerner’s Ferry Bridge Replacement
project .......................................................
Reconstruct I–95/Street Road interchange
in Bucks County .......................................
Upgrade Frederick Douglas Circle, New
York City ..................................................
Improve PA 453 from Water Street to Tyrone in Huntingdon County ....................
Acquire and rennovate facility to serve as
multimodal transportation center, Eugene ...........................................................
Construct improvements to Ensley Avenue between 20th Street and Warrior
Road, Birmingham ...................................
Extend West Douglas Road ........................
Construction of noise barriers along State
Route 28, Aspinwall .................................
Replace Greenville River Bridge in Washington County ...........................................
Reconstruct Claire Boulevard, Robbins .....
Reconstruct South Pembrton Road from
Route 206 to Hanover Street ..................

(Dollars in
millions)

0.075
7.5
0.84
0.375
5.5
1.5
1.575
0.75
0.5
3.2
0.25
12.15
0.75

5.5
5.25
8.75
1.5
0.75
1.3275
9
0.75
2
0.75
2.475
0.8
1.0
0.2475
6

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1353.

Kentucky ...............

1354.

Indiana ..................

1355.

New York ...............

1356.

Tennessee ..............

1357.

New Jersey ............

1358.

Louisiana ...............

1359.

Oklahoma ..............

1360.

North Carolina ......

1361.

North Carolina ......

1362.

California ...............

1363.

Illinois ....................

1364.

New York ...............

1365.

California ...............

1366.

California ...............

1367.

Colorado .................

1368.

Washington ...........

1369.

Tennessee ..............

1370.

Pennsylvania .........

1371.

Washington ...........

1372.

Maryland ...............

1373.

American Samoa ...

1374.
1375.

Virginia ..................
Michigan ................

Reconstruct U.S. 231: $5,625,000 for the
segment between Dry Ridge Road and
U.S. 231 and U.S. 31; $3,000,000 for the
segment between Allen-Warren County
line and Dry Ridge Road .........................
Undertake safety and mobility improvements involving street and street crossings and Conrail line, Elkhart ................
Construct sound barriers on east side of
Clearview Expressway between 15th
Road and Willets Point Boulevard .........
Construct Franklin Road interchange and
bypass .......................................................
Construct, reconstruct and integrate
multi-transportation
modes—international airport and seaport, rail, national
highway
system
and
brownfields—to establish an international intermodal transportation center and corridor between and within the
cities of Bayonne, Elizabeth and Newark, New Jersey .......................................
Construct I–49 interchange at Caddo Port
Road in Shreveport ..................................
Conduct study of Highway 3 in
McCurtain, Pushmataha and Atoka
Counties ....................................................
Construct U.S. 117, the Elizabeth City Bypass in Pasquotank County ....................
Upgrade U.S. 13 (including Ahoskie bypass) in Bertie and Hertford Counties ...
Extend Route 46 expressway in San Luis
Obispo County ..........................................
Construct improvements to New Era
Road, Carbondale .....................................
Construct congestion mitigation project for
Riverhead ..................................................
Upgrade Riverside Avenue/I–10 interchange, Rialto ...........................................
Construct
I–10
Tippecanoe/Anderson
interchange project in Loma Linda and
San Bernardino County ...........................
Construct C 470/I–70 ramps in Jefferson
County .......................................................
Conduct feasibility study of State Route
35 Hood River bridge in White Salmon
Construct Landport regional transportation hub, Nashville ...............................
Upgrade roadway in the Princeton/
Cottman I–95 interchange and related
improvements, Philadelphia ...................
Construct Sequim/Dungeness Valley trail
project .......................................................
Construct phase 1A of the I–70/I–270/U.S.
340 interchange in Frederick County ....
Upgrade village roads on Tutuila/Manua
Island ........................................................
Improve Lee Highway Corridor in Fairfax
Preliminary engineering and right-of-way
acquisition for ‘‘Intertown South’’ route
of U.S. 31 bypass, Emmet County ..........

112 STAT. 307
(Dollars in
millions)

8.625
1.5
0.3
2

2
4.2
0.16
2.625
0.75
6
2.625
1.875
0.69375
1.5
4.187
0.75
8
15.15
0.75
11.25
8.25
1.35
1.125

112 STAT. 308

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1376.

Missouri .................

1377.

Ohio ........................

1378.

Michigan ................

1379.
1380.

Washington ...........
Washington ...........

1381.

Iowa .......................

1382.

Missouri .................

1383.

Florida ...................

1384.

Dist. of Columbia ..

1385.

Wisconsin ...............

1386.

Illinois ....................

1387.

Mississippi .............

1388.

Illinois ....................

1389.
1390.

South Carolina ......
Florida ...................

1391.

Pennsylvania .........

1392.

Pennsylvania .........

1393.

Maryland ...............

1394.

Illinois ....................

1395.

Pennsylvania .........

1396.

Pennsylvania .........

1397.

Connecticut ............

1398.

Pennsylvania .........

1399.

Pennsylvania .........

1400.
1401.

Massachusetts .......
New Jersey ............

1402.

Ohio ........................

1403.
1404.

Wisconsin ...............
Minnesota ..............

Construction of airport ground transportation terminal for the Springfield/
Branson Airport intermodal facility in
Springfield ................................................
Upgrade SR 7 (Eastern Avenue) to improve traffic flow into Gallipolis, Gallia
County .......................................................
Construct U.S. 27 between St. Johns and
Ithaca ........................................................
Construct SR 167 Corridor, Tacoma ..........
Widen U.S. 395 in the vicinity of mile post
170 north of Spokane ...............................
Construct overpass to eliminate railroad
crossing in Burlington .............................
Improve safety and traffic flow on Route
13 through Clinton ...................................
Construct Alden Road Improvement
Project in Orange County ........................
Implement traffic signalization, freeway
management and motor vehicle information systems ........................................
Construct freeway conversion project on
Highway 41 between Kaukauna and
Brown County Highway F .......................
Construct crossings over Fox River in
Kane County .............................................
Construct U.S. 84 from Eddiceton to Auburn Road .................................................
Construct U.S. 67 in Madison and Jersey
Counties ....................................................
Construct Calhoun/Clarendon Causeway ..
Construct safety improvements and beautification along U.S. 92, Daytona Beach
Realign PA29 in the Borough of
Collegeville, Montgomery County ...........
Construct
Towamencin
Township
multimodal center ....................................
Construct improvements to Route 50
interchange with Columbia Pike, Prince
Georges County ........................................
Construct bypass of historic stone bridge,
Maeystown ................................................
Construct Johnstown-Cambria County
Airport Relocation Road ..........................
Reconstruct the I–81 Davis Street interchange in Lackawanna ............................
Realign Route 4 intersection in Farmington .............................................................
Construct Wexford I–79/SR 910 Interchange, Allegheny County .......................
Extend Martin Luther King Busway,
Alleghany County ....................................
Construct Arlington to Boston Bike Path ..
Construct Collingswood Circle eliminator,
Camen .......................................................
Construct grade separations at Fitch Road
in Olmsted Falls .......................................
Construct Eau Claire Bypass project .........
Reconstruct SE Main Avenue and related
improvements, completing 34th Street
Corridor project, Moorhead .....................

(Dollars in
millions)

3.75
1.5
6.375
1.125
5.5
3.475
6
0.525
6
16
9.375
0.6875
5.1
6.5
2.25
0.495
2.61
2.4
0.615
0.75
6
2.1
0.825
1.65
0.75
6
3.75
6
3

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1405.
1406.

New York ...............
Massachusetts .......

1407.

New York ...............

1408.

New York ...............

1409.

New York ...............

1410.

North Carolina ......

1411.

California ...............

1412.

Alabama .................

1413.

New York ...............

1414.

New Jersey ............

1415.

Illinois ....................

1416.

Illinois ....................

1417.

Ohio ........................

1418.

Oregon ...................

1419.

Tennessee ..............

1420.

Arkansas ................

1421.

Oregon ...................

1422.

Texas ......................

1423.
1424.

Connecticut ............
Massachusetts .......

1425.

Michigan ................

1426.

Virginia ..................

1427.

New York ...............

1428.

Indiana ..................

1429.

Michigan ................

Construct Olana Visitor Center in Olana ..
Improve safety and traffic operations on
Main and Green Streets, Mellrose .........
Reconstruct Jackson Avenue in New
Windsor, Orange County .........................
Construct congestion mitigation project for
Smithtown ................................................
Reconstruct County Route 24 in Franklin
County .......................................................
Construct U.S. 311 (I–74) from NC 68 to
U.S. 29A–70A ...........................................
Design and initiation of long term improvements along Highway 199 in Del
Norte County ............................................
Complete I–59 interchange in De Kalb
County .......................................................
Improve Hiawatha Boulevard and Harrison Street corridors in Syracuse ..........
Construct Route 17 bridge over the Susquehanna and Western Rail line in Rochelle Park ................................................
Undertake streetscaping between Damden
and Halsted ..............................................
Construct transportation improvements to
Industrial Viaduct, Chicago ....................
Construct access and related improvements to Downtown Riverfront Area,
Dayton .......................................................
Purchase and install emitters and receiving equipment to facilitate movement of
emergency and transit vehicles at key
arterial intersections, Portland ...............
Reconstruct road and causeway in Shiloh
Military Park in Hardin County .............
Conduct planning for highway 278 and
rail for the Warren/Monticello Arkansas
Intermodal Complex ................................
Construct regional multimodal transportation center in Albany ............................
Construct two-lane parallel bridge, State
Highway 146, FM 517 to vicinity of
Dickinson Bayou ......................................
Relocate and realign Route 72 in Bristol ..
Construct Minuteman Commuter Bikeway-Charles River Bikeway connector,
Cambridge and Watertown .....................
Replace Chevrolet Avenue bridge in Genesee County ..............................................
Construct trailhead and related facilities
and restore old Whitetop Train Station
at terminus of Virginia Creeper Trail
adjacent to Mount Rogers National
Recreation Area ........................................
Construct Mineola and Hicksville Intermodal Centers in Nassau County ...........
Lafayette Railroad relocation project in
Lafayette ...................................................
Construct Jackson Road project (demonstrating performance of paper and
plastic reinforced concrete), Scio Township ............................................................

112 STAT. 309
(Dollars in
millions)

1
1.95
1.963
0.75
1.85475
22.875
0.275
3.6
1.6875
1.125
0.8625
1.125
3.675

4.5
11.25
0.875
10
3.6375
4.0575
0.5625
1.8

0.3
12
22.05

3.45

112 STAT. 310

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1430.

Wyoming ................

1431.

Texas ......................

1432.

Massachusetts .......

1433.

Washington ...........

1434.

North Carolina ......

1435.

New York ...............

1436.

Pennsylvania .........

1437.

Wisconsin ...............

1438.

New York ...............

1439.

California ...............

1440.

Connecticut ............

1441.

Arizona ..................

1442.

Connecticut ............

1443.

Illinois ....................

1444.

California ...............

1445.

Iowa .......................

1446.

Pennsylvania .........

1447.

Indiana ..................

1448.

Pennsylvania .........

1449.

California ...............

1450.

Alaska ....................

1451.

Nebraska ...............

1452.

Michigan ................

1453.

California ...............

1454.

California ...............

1455.

Minnesota ..............

Widen and improve Cody—Yellowstone
Highway from the entrance to Yellowstone National Park to Cody ...................
Widen State Highway 6 from Senior Road
to FM521 ..................................................
Design,
engineer
and
right-of-way
aquisition of the Great River Bridge,
Westfield ...................................................
Design and implement report and environmental study of the I–5 corridor in
Everett ......................................................
Make improvements to I–95/SR 1162
interchange in Johnston County .............
Reconstruct Stoneleigh Avenue in Putnam
County .......................................................
Construct transportation improvements
around the interchange of Interstate 81
and S.R. 0944, Hampden Township .......
Upgrade Highway 151 between Platteville
and Dubuque ............................................
Improve Bedford-Banksville Road from
Millbrook to Connecticut State line ........
Construct interchange between I–15 and
SR 18 in Victorville/Apple Valley ...........
Construct overlook and access to Niantic
Bay ............................................................
Design, engineering and ROW acquisition
for Area Service Highway, Yuma ...........
Reconstruct cross road over I–95, Waterford ............................................................
Upgrade industrial park road in Village of
Sauget .......................................................
Construct I–680 HOV lanes between Marina Vista toll plaza to North Main
Street, Martinez to Walnut Creek ..........
Improve U.S. 65/IA 5 interchange, Warren
County .......................................................
Replace Masontown bridge, Fayette and
Greene Counties .......................................
Extend SR 149 between SR 130 to U.S.
Route 30, Valparaiso ................................
Construct PA 309 Sumneytown Pike Connector ........................................................
Improve Route 99/Route 120 interchange
in Manteca County ..................................
Construct a bridge joining the Island of
Gravina to the Community of Ketchikan
on Revilla Island ......................................
Conduct corridor study of NE 35 alternative and modified route in Norfolk,
Wayne and Dakota County .....................
Upgrade Lalie Street, Frenchtown Road,
and Penshee Road, Ironwood ..................
Conduct planning, preliminary engineering and design for Etiwanda Avenue/I–
10 interchange, San Bernardino County
Construct Arbor Vitae Street improvements, Inglewood .....................................
Restore MN Transportation facility, Jackson Street Roundhouse, St. Paul ............

(Dollars in
millions)

5
9.075
1.5
1
2.4
2.89
2
6
1.44
6
2.31
0.75
1.5
3.375
5.25
5
5
3
3.96
6
15
0.75
0.27
1.5
2.625
0.75

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1456.

Rhode Island .........

1457.

California ...............

1458.

South Carolina ......

1459.

New York ...............

1460.

Oregon ...................

1461.

New York ...............

1462.

Tennessee ..............

1463.

Ohio ........................

1464.

California ...............

1465.

Alabama .................

1466.

North Carolina ......

1467.

Texas ......................

1468.

Michigan ................

1469.
1470.

Connecticut ............
Ohio ........................

1471.

New Jersey ............

1472.

Ohio ........................

1473.

New York ...............

1474.

Ohio ........................

1475.

Washington ...........

1476.
1477.

Indiana ..................
California ...............

1478.

Minnesota ..............

1479.

Texas ......................

1480.

Washington ...........

1481.

Illinois ....................

Upgrade pedestrian traffic facilities, Bristol ..............................................................
Install Silicon Valley Smart Corridor
project along the I–880 corridor .............
Construct I–26/U.S. 1 connector in Columbia ..............................................................
Construct Poughkeepsie Intermodal Facility in Poughkeepsie ..................................
Restore transportation connection between
Wauna, Astoria and Port of Astoria .......
Conduct feasibility study of new International bridges on the New York/Canada border .................................................
Extend Pellissippi Parkway from State
Route 33 to State Route 321 in Blount
County .......................................................
Upgrade 2 warning devices on the rail
north/south line from Columbus to Toledo ............................................................
Upgrade South Higuera Street, San Luis
Obispo .......................................................
Upgrade County Road 39 between Highway 84 and Silver Creek Park, Clarke
County .......................................................
Relocate U.S. 1 from north of Lakeview to
SR 1180, Moore and Lee Counties .........
Construct extension of West Austin Street
(FM 2609) between Old Tyler Road and
Loop 224, Nacogdoches ............................
Reconstruct I–94 between Michigan Route
14 and U.S. 23 ..........................................
Reconstruct I–84, Hartford .........................
Undertake improvements to Valley Street,
Dayton .......................................................
Upgrade Urban University Heights Connector, Newark .........................................
Widen to 5 lanes existing SR 43/Sunset
Boulevard in Steubenville, Jefferson
County .......................................................
Improve and reconstruct Stony Street in
York Town ................................................
Construct grade separation at Dille Road
in Euclid ...................................................
Safety improvements to State Route 14 in
Columbia River Gorge National Scenic
Area ...........................................................
Upgrade County roads in LaPorte County
Implement ITS technologies in Employment Center area of City of El Segundo
Construct pedestrian overpass on Highway 169, Mille Lacs Reservation ............
Complete State Highway 35 in Aransas
County .......................................................
Construct overcrossing at 38th Street in
Everett, and construct the Riverside Industrial Access Road as identified in the
FAST Corridor plan .................................
Construct improvements to McKinley
Bridge over Mississippi River with terminus points in Venice, Illinois, and St.
Louis, Missouri .........................................

112 STAT. 311
(Dollars in
millions)

0.075
2.145
9
3.75
0.525
0.375
8.85
0.15
0.675
0.75
5.475
1.35
9
7.1025
0.675
7.275
0.6
0.35
3.75
3.15
6
2.6625
0.45
5.42

5.893

3.9

112 STAT. 312

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1482.

Connecticut ............

1483.

Louisiana ...............

1484.

California ...............

1485.
1486.

Washington ...........
Missouri .................

1487.

Ohio ........................

1488.

West Virginia ........

1489.

Ohio ........................

1490.
1491.
1492.

Pennsylvania .........
Rhode Island .........
Alaska ....................

1493.
1494.
1495.

Alaska ....................
Alaska ....................
Alaska ....................

1496.

Alaska ....................

1497.

Alaska ....................

1498.

Alabama .................

1499.

Alabama .................

1500.

Alabama .................

1501.

Alabama .................

1502.

Alabama .................

1503.
1504.
1505.

Alabama .................
Alabama .................
Alabama .................

1506.

Alabama .................

1507.

Alabama .................

1508.

Alabama .................

1509.
1510.

Arkansas ................
Arkansas ................

1511.

Arkansas ................

Upgrade bridge over Naugatuck River,
Ansonia .....................................................
Widen Lapalco Boulevard from Barataria
Boulevard to Destrehan Avenue in Jefferson Parish ............................................
Construct Tulare County roads in Tulare
County .......................................................
Extend Mill Plain Boulevard in Vancouver
Construct an intermodal center at Missouri Botanical Garden ............................
Reimburse
costs
associated
with
multimodal transportation improvements, Dayton ..........................................
Upgrade U.S. 340 between West Virginia/
Virginia State line and the Charles
Town Bypass ............................................
Add lanes and improve intersections on
Route 20 in Lake County ........................
Rehabilitate Kenmawr Bridge, Swissvale
Construct Blackstone River Bikeway ........
Construct Gravina Island Bridge in
Ketchikan .................................................
Construct N.W. Alaska Road/Rail access ..
Construct North Denali access route .........
Construct capital improvements to marine
transportation facilities for Prince of
Wales Island .............................................
Improve marine dry dock and facilities in
Ketchikan .................................................
Construct New Access Route to Ship
Creek Access in Anchorage .....................
Construct bridge over Tennessee River
connecting Muscle Shoals and Florence
Engineering, right-of-way acquisition and
construction of Huntsville Southern Bypass ...........................................................
Construction of Eastern Black Warrior
River Bridge .............................................
Construct East Foley Corridor Project
from Baldwin County Highway 20 to
State Highway 59 in Alabama ................
Engineering, right-of-way, acquisition and
construction of Birmingham Northern
Beltline in Jefferson County ...................
Extend I–759 in Etowah County ................
Construct Decatur Southern Bypass .........
Construct Anniston Eastern Bypass from
I–20 to Fort McClellan in Calhoun
County .......................................................
Construct Montgomery outer loop from
U.S. 80 to I–85 via I–65 ..........................
Develop U.S. 231/I–10 Freeway Connector
from Alabama border to Dothan .............
Replace bridge over Tombigbee River,
Naheola .....................................................
Development of Little Rock Port Authority
Development of Little Rock River Rail
Project .......................................................
Improvements to I–30 From Benton to
Geyer Springs Exit in Little Rock ..........

(Dollars in
millions)

0.3375
3
6.75
3
0.9
2.0625
2
2
0.45
2.59125
5.443
2.5
1.5
0.75
0.75
11.943
1
1
7.75
1
8.917
1.167
1
2
11.8
2
3
2
2
2

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1512.

Arkansas ................

1513.
1514.

Arkansas ................
Arkansas ................

1515.

Arkansas ................

1516.

Arkansas ................

1517.

Arkansas ................

1518.

Arkansas ................

1519.

Arkansas ................

1520.

Arkansas ................

1521.

Arkansas ................

1522.

Arkansas ................

1523.

Arkansas ................

1524.
1525.

Arkansas ................
Arkansas ................

1526.

Arkansas ................

1527.

Arkansas ................

1528.

California ...............

1529.
1530.

California ...............
California ...............

1531.
1532.

California ...............
California ...............

1533.

California ...............

1534.
1535.

Colorado .................
Connecticut ............

1536.

Connecticut ............

1537.

Connecticut ............

1538.

Connecticut ............

Upgrade 2 bypasses (Washington Avenue
Interchange and Highway 63B Interchange) on U.S. 63 in Jonesboro .............
Construct bypass at Ashdown ....................
Development of U.S. 71 from Fort Chaffee
to Texarkana ............................................
Development of Interchange at Intersection of I–40 and Airport Road in West
Memphis ...................................................
Improve U.S. Highway 412 From Harrison
to Mountain Home ...................................
Complete Courthouse Improvement Enhancements Project in Paris ...................
Further study and development of Russellville Intermodal Complex in Russellville ............................................................
Construct turning lanes at the Intersection of U.S. Highway 71 and Arkansas
State Highway 8 in Mena .......................
Transportation Enhancements in the Vicinity of Dickson Street, Fayetteville .....
Improve Arkansas State Highway 12
From U.S. 71 at Rainbow Curve to the
Northwest Arkansas Regional Airport ...
Construct intermodal connector access
road to the Northwest Arkansas Regional Airport ...........................................
Continue development of West Phoenix
Avenue, Ft. Smith ....................................
Improvements to 28th Street, Van Buren
Conduct feasibility studies for Van Buren
Intermodal Port ........................................
Upgrade Arkansas State Highway 59 from
Rena Road to Old Uniontown Road in
Van Buren ................................................
Construct improvements to U.S. Highway
71 to I–40 through Fort Chaffee and
Fort Smith ................................................
Construct I–80 reliever route system, Solano County ..............................................
Replace Maxwell Bridge, Napa County .....
Construct March Inland Port ground access project, Riverside County ................
Construct Santa Monica Transit Parkway
Construct State Route 905 between I–805
and Otay Mesa border crossing ..............
Construct highway grade separation/other
improvements for ‘‘Gateway for America’’ project in San Gabriel Valley ..........
State Priority Projects .................................
Reconstruction of railroad electrical catenary serving commuter lines between
New Haven and Stanford ........................
Pedestrian/disabled access improvements
at Mark Twain House Historic Site .......
Reconstruct and expand access road and
related riverwalk improvements at/adjacent to Riverside Park, Hartford ............
Develop Winsted and Winchester rail
trail, linkage to existing trails in neighboring towns .............................................

112 STAT. 313
(Dollars in
millions)

5
1.25
7
6
3.8875
0.1
0.25
0.0625
0.375
0.125
4
2
0.25
0.075
0.65
1.25
12.1
8.7
7.2
17
38.5
100
23.401
23.433
0.5
2
1.5

112 STAT. 314

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1539.

Connecticut ............

1540.

Connecticut ............

1541.
1542.

Florida ...................
Georgia ..................

1543.

Georgia ..................

1544.

Georgia ..................

1545.

Georgia ..................

1546.

Georgia ..................

1547.

Georgia ..................

1548.

Georgia ..................

1549.

Georgia ..................

1550.

Georgia ..................

1551.
1552.

Georgia ..................
Georgia ..................

1553.

Georgia ..................

1554.

Georgia ..................

1555.

Georgia ..................

1556.

Iowa .......................

1557.

Iowa .......................

1558.

Iowa .......................

1559.

Iowa .......................

1560.

Iowa .......................

1561.

Iowa .......................

1562.

Idaho ......................

1563.

Idaho ......................

1564.

Idaho ......................

Develop Quinipiac River linear trail in
Wallingford and Meriden ........................
Extend Farmington Canal Rail Trail in
Hamden and New Haven ........................
State Priority Projects .................................
Upgrade Lithonia Industrial Boulevard,
De Kalb County ........................................
Widen U.S. 84 South from U.S. 82 to
Ware County in Waycross and Ware
Counties ....................................................
Construct Rome to Memphis Highway in
Floyd and Bartow Counties .....................
Construct Athens to Atlanta transportation corridor ..........................................
Conduct a study of Interstate multimodal
transportation corridor from Atlanta to
Chattanooga .............................................
Conduct study of multimodal transportation corridor along GA 400 ..................
Construct Savannah River Parkway in
Bulloch,
Jenkins
Screven,
and
Effingham Counties .................................
Conduct study of interstate multimodal
transportation corridor from Atlanta to
Chattanooga .............................................
Undertake major arterial enhancement in
De Kalb County: Candler Road, Memorial Drive, and Buford Highway .............
Construct Harry S. Truman Parkway .......
Construct multimodal passenger terminal,
Atlanta ......................................................
Construct Rome to Memphis Highway in
Floyd and Bartow Counties .....................
Construct Fall Line Freeway from Bibb to
Richmond Counties ..................................
Construct Fall Line Freeway from Bibb to
Richmond Counties ..................................
Design, right-of-way and construction of a
bridge over railroad tracks on airport
access road in Sioux City ........................
Construction of a 4-lane expressway between DesMoines and Marshalltown .....
Design, right-of-way and construction of
the Avenue G viaduct and related roadway in Council Bluffs ..............................
Design and construction of native roadside
vegetation enhancement center at
U.N.I. in Cedar Falls ...............................
Construct the D116 Dubuque Bridge over
the MI River at Dubuque ........................
Design, right-of-way and construction of
segments of Martin Luther King Jr.
Parkway in Des Moines from Center
Street to Fleur Drive ...............................
Reconstruct 184/I–84 interchange (mileposts 0.0–0.6) ............................................
Rehabilitate U.S. 20 Ashton/Ashton Hill
Bridge and Intersection Project (mileposts 363.3–363.5) ....................................
Construct Cheyenne Street Railroad Overpass, Pocatello ..........................................

(Dollars in
millions)

1.5
1.5
92.096
0.35
1.6
2
8
2.5
25
5
5
6.66
3.55
8.1
4.112
9.5
23
1.5
2.75
7
0.76
7

12
19
3.75
5.5

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1565.

Idaho ......................

1566.

Idaho ......................

1567.

Idaho ......................

1568.

Idaho ......................

1569.

Illinois ....................

1570.

Illinois ....................

1571.

Illinois ....................

1572.

Illinois ....................

1573.

Illinois ....................

1574.
1575.

Illinois ....................
Illinois ....................

1576.
1577.
1578.
1579.

Indiana ..................
Kansas ...................
Kentucky ...............
Kentucky ...............

1580.

Kentucky ...............

1581.

Kentucky ...............

1582.

Kentucky ...............

1583.

Kentucky ...............

1584.

Kentucky ...............

1585.

Kentucky ...............

1586.

Kentucky ...............

1587.
1588.
1589.

Louisiana ...............
Louisiana ...............
Louisiana ...............

1590.
1591.
1592.
1593.

Louisiana
Louisiana
Louisiana
Louisiana

1594.
1595.

Louisiana ...............
Louisiana ...............

1596.

Louisiana ...............

1597.

Louisiana ...............

Stage 1, U.S. 93 Twin Falls Alternate
Route from junction of U.S. 93/Highway
30 north (mileposts 45–48) ......................
Safety improvements on U.S. 95 from
Genesee to Moscow (mileposts 331–345)
Safety improvements/bridge replacement
on U.S. 95 at Mann’s Creek Curves
(mileposts 91.2–94.8) ...............................
Alignment/bridge replacement State Highway 55 between Smith’s Ferry and
Round Valley (mileposts 94.9–101.0) .....
Improve Campus Transportation System,
Chicago .....................................................
Construct U.S. 67 in Madison and Jersey
Counties ....................................................
Construct confluence bikeway in Madison
County .......................................................
Extend Veterans Memorial Drive and construct overpass at I–57 in Mt. Vernon ...
Construct 34 from Burlington, Iowa to
Monmouth ................................................
Reconstruct Wacker Drive in Chicago .......
Reconstruct Stevenson Expressway, Chicago ...........................................................
State Priority Projects .................................
State Priority Projects .................................
Widen U.S. 27 from Norwood to Eubank ..
Reconstruct KY 210 from Hodgenville to
Morning Star Road in LaRue County ....
Conduct feasibility study for No. KY highpriority corridor (I–74) .............................
Construct necessary connections for the
Taylor Southgate Bridge in Newport
and the Clay Wade Bridge in Covington
Construction on U.S. 127: Albany Bypass
to KY 90, Albany Bypass from KY 696
to Clinton County H.S., and from KY
696 to TN State line ................................
Construct highway rail grade separations
along the City Lead in Paducah .............
Reconstruction of the Louisville Trolley
Barn ..........................................................
Completion of the Ownsboro Corridor and
related State Highway projects ..............
Extend Hurstbourne Parkway from
Bardstown Road to Fern Valley Rd ........
Causeway Project ........................................
I–10 Connector, Port of South Louisiana ..
Florida Expressway Construction, Street
Bernard/Orleans Parishes .......................
Kerner Bridge, Jefferson Parish .................
Construction, LA 1 ......................................
Leeville Bridge, LA 1 ..................................
Louisiana segment, Gulf Coast high speed
rail .............................................................
Perkins Road, Baton Rouge ........................
East West Corridor/El Camino Real, LA 6
to U.S. 84, Central-Northwest LA ..........
Nelson Access Road to Port of Lake
Charles ......................................................
Tchopitoulas Corridor, New Orleans .........

...............
...............
...............
...............

112 STAT. 315
(Dollars in
millions)

13
16
7
18
2
6.798
1
3
5
25
25
47.046
23.488
5.83
2
0.125
2.3

2.81
0.25
1.5
15.817
4
0.5
0.28
0.05
0.25
2.3
2
1
1.5
1
4.5
4.5

112 STAT. 316

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1598.

Louisiana ...............

1599.
1600.

Louisiana ...............
Louisiana ...............

1601.
1602.

Massachusetts .......
Maryland ...............

1603.

Maryland ...............

1604.

Maryland ...............

1605.

Maryland ...............

1606.

Maryland ...............

1607.
1608.

Maine .....................
Maine .....................

1609.

Maine .....................

1610.
1611.
1612.
1613.
1614.
1615.

Maine
Maine
Maine
Maine
Maine
Maine

1616.

Maine .....................

1617.

Maine .....................

1618.
1619.
1620.

Michigan ................
Michigan ................
Michigan ................

1621.

Minnesota ..............

1622.

Minnesota ..............

1623.

Minnesota ..............

1624.

Minnesota ..............

1625.

Minnesota ..............

1626.

Minnesota ..............

1627.

Minnesota ..............

1628.

Minnesota ..............

1629.

Minnesota ..............

Route 3132 to Caddo-Bossier Port, Shreveport ............................................................
Kansas Lane, Monroe ..................................
New Orleans CBD to New Orleans International Airport, commuter rail .............
State Priority Projects .................................
Improve highway signage for C&O Canal
NHP in Frederick, Washington, and Allegany Counties ........................................
Construct pedestrian bicycle bridge across
Susquehanna River between Havre de
Grace and Perryville ................................
Upgrade U.S. 113 north of U.S. 50 to Jarvis Road in Worcester County ................
Upgrade MD 32 in the vicinity of NSA
Anne Arundel County ..............................
Construct Phase 1–A of the I–70/I–270/
U.S. 340 interchange in Frederick
County .......................................................
Upgrade Route 11 ........................................
Construct I–95/Stillwater Avenue interchange .......................................................
Reconstruction of the Mack Point Cargo
Port ...........................................................
Improve Route 23 ........................................
Improve Route 26 ........................................
Replace Ridlonville Bridge, Rumford .........
Studies, planning for extension of I–95 .....
Construct I–295 connector, Portland .........
Replace Singing Bridge across Taunton
Bay ............................................................
Construct new bridge over Kennebec
River (Carlton Bridge replacement) .......
Studies, planning, reconstruction of EastWest Highway ..........................................
State Priority Projects .................................
State Priority Projects .................................
Reconstruct and rehabilitate, including
rail and interstate access improvements
for the Detroit Waterfront Dock, Detroit
Reconstruct S.E. Main Avenue/I–94 Interchange, Moorhead ....................................
Construct T.H. 212 Construction between
I–494 and Carver County Road 147 .......
Construct T.H. 610/10 from T.H. 169 in
Brooklyn Park to I–94 in Maple Grove ..
Construct Mankato South Route in Mankato ...........................................................
Reconstruct SE Main Avenue/I–94 Interchange, Moorhead ....................................
Replace Sauk Rapids Bridge over Mississippi River, Stearns and Benton
Counties ....................................................
Replace Sauk Rapids Bridge over Mississippi River, Stearns and Benton Cities ..............................................................
Construct Shepard Road/Upper Landing
Interceptor, St. Paul ................................
Construct Mankato South Route, Mankato

.....................
.....................
.....................
.....................
.....................
.....................

(Dollars in
millions)

4.5
4.5
5
37.365
0.091
1.25
7
6.75
15
0.15
0.15
1.45
0.125
0.375
0.875
2
1
1.375
2
1
25.447
31.438
6
1
1
2
1
2
1
1
1
1

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1630.

Minnesota ..............

1631.

Minnesota ..............

1632.

Minnesota ..............

1633.

Minnesota ..............

1634.

Minnesota ..............

1635.

Missouri .................

1636.

Missouri .................

1637.

Missouri .................

1638.

Missouri .................

1639.

Missouri .................

1640.
1641.

Missouri .................
Missouri .................

1642.

Missouri .................

1643.
1644.

Missouri .................
Missouri .................

1645.

Mississippi .............

1646.

Montana .................

1647.

North Carolina ......

1648.

North Carolina ......

1649.
1650.

North Dakota ........
Nebraska ...............

1651.

Nebraska ...............

1652.
1653.

New Hampshire ....
New Hampshire ....

1654.

New Hampshire ....

1655.
1656.

New Hampshire ....
New Hampshire ....

1657.

New Hampshire ....

1658.

New Hampshire ....

1659.

New Hampshire ....

Reconstruct and Replace I–494 Wakota
Bridge from South St. Paul to Newport
and approaches ........................................
Reconstruct/replace I–494 Wakota Bridge
from South St. Paul to Newport, and
approaches ................................................
Construct Phalen Boulevard between I–35
and I–94 ....................................................
Construct T.H. 610/10 from T.H. 169 in
Brooklyn Park to I–94 in Maple Grove ..
Design and Construct Access to I–35W at
Lake St., Minneapolis ..............................
Develop bike/pedestrian paths for Town of
Kansas and Riverfront Park in Kansas
City ............................................................
Construct Cuivre River Bridge at Lincoln
County .......................................................
Construct Route 13 MO River Bridge at
Lexington ..................................................
Construct Highway 47 MO River Bridge
at Washington ..........................................
Construct Route 5 Bridge at the Lake of
the Ozarks ................................................
Upgrade I–70 in Missouri ...........................
Construct Chouteau Bridge at Kansas
City ............................................................
Construct Mississippi River Bridge at
Hannibal ...................................................
Construct Bill Emerson Memorial Bridge
Construct Missouri River Bridge at Hermann .........................................................
Replace functionally obsolete drawbridge
with new crossing, High Rise Bridge, at
Pascagoula ................................................
Conduct environmental review, planning,
design, and construction of the
Beartooth Highway in Wyoming and
Montana ....................................................
Construct Raleigh Outer Loop (segment
D) between NC 50 and SR 2000 .............
Construct additional lanes on I–77 between I–85 and NC 73 .............................
State Priority Projects .................................
Improve Nebraska Highways 8 and 15 in
Fairbury ....................................................
Construct Riverfront Trails and Bridges
Along Missouri River from Dodge Park
through Omaha to Bellevue ....................
Widen I–93 from Salem to Manchester .....
Construct Manchester Airport Access
Road, Manchester ....................................
Conway bypass/Route 16 mitigation,
Conway .....................................................
Improve Bridge Street bridge, Plymouth ..
Advance completion of Route 101 project
from Raymond to Hampton .....................
Rehabilitate/reconstruct
Bath-Haverhill
Bridge, Bath and Haverhill .....................
Construct Manchester Access Road, Manchester .......................................................
Construct Orford Bridge, Orford ................

112 STAT. 317
(Dollars in
millions)

3.529
1
2.5
9.029
2
0.341
3
3
3
3
10
6
6
8
5
38

19.905
8.44
48
13.138
3
4.786
1.175
1
0.5
1
2
0.65
3.175
0.85

112 STAT. 318

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1660.

New Jersey ............

1661.

New Jersey ............

1662.

New Jersey ............

1663.

New Jersey ............

1664.

New Jersey ............

1665.

Nevada ...................

1666.

Nevada ...................

1667.

Nevada ...................

1668.

Nevada ...................

1669.

Nevada ...................

1670.
1671.

Nevada ...................
New York ...............

1672.

New York ...............

1673.

New York ...............

1674.

New York ...............

1675.

New York ...............

1676.
1677.

New York ...............
New York ...............

1678.

New York ...............

1679.

New York ...............

1680.
1681.

New York ...............
Ohio ........................

1682.

Ohio ........................

1683.

Ohio ........................

1684.

Ohio ........................

1685.
1686.

Ohio ........................
Ohio ........................

1687.

Ohio ........................

1688.

Ohio ........................

Construct bicycle trails and riverside improvements, West Deptford .....................
Construct Delaware River tram to link
destinations on both sides of Delaware
River ..........................................................
Construct new ramp between NJ 42 and
south section of I–295 ..............................
Construct roadway network through the
Bergen Arches railroad right-of-way,
Hudson County ........................................
Relocate/construct Cooper Hospital Medical Center helipad, Camden ....................
Canamex Corridor Innovative Urban Renovation Project in Henderson ..................
Widen U.S. 50 between Fallon and
Fernley ......................................................
I–580/U.S. 395 Freeway Extension to Carson City .....................................................
Reconstruction of I–15 Interchange at Sahara Avenue and Rancho Road in North
Las Vegas .................................................
Widening of Craig Road in North Las
Vegas .........................................................
Widen I–15 in San Bernadino County, CA
Reconstruct Springfield Boulevard between the LIRR Main Line South to
Rockaway Boulevard in Queens County
Replace Kennedy-class ferries in Staten
Island ........................................................
Construct Fordham University Regional
Transportation Facility, Bronx ...............
Construct Hamilton Street interchange
between Route 17 and Route 15 in
Erwin ........................................................
Construct intermodal project at Castle
Clinton and Battery Park, New York
City ............................................................
Relocate toll barrier in Williamsville .........
Construct Route 219 from Springville to
Salamanica (Route 13 to Route 17) ........
Design/construct upgraded interchange
between I–84 and I–87 near Stuart
International Airport, Newburg ..............
Renovate/reconstruct James A. Farley
Post Office, New York City, as new Amtrak station ...............................................
Renovate Hellgate Bridge, New York City
Upgrade intersection of U.S. 20 and SR
420, Woodville ..........................................
Improve intersection at SR 327 and U.S.
32, Wellston ..............................................
Upgrade U.S. 20 in Painesville, Perry, and
Madison ....................................................
Upgrade U.S. 30 and Hill-Diley Road,
Lancaster ..................................................
Upgrade Caves Road, Geauga County .......
Upgrade SR 2 between Oregon and Camp
Perry .........................................................
Construct intermodal transit center in
Cincinnati .................................................
High priority highway and bridge projects

(Dollars in
millions)

0.7
8
14
26.5
1.5
1.531
1
5
5
2
6
1
2
4
4.4
6
6.1
20
20
40
15
5
3
3
4
2
5
8
34.325

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1689.

Ohio ........................

1690.

Oklahoma ..............

1691.
1692.

Oregon ...................
Oregon ...................

1693.

Oregon ...................

1694.

Oregon ...................

1695.

Oregon ...................

1696.

Oregon ...................

1697.

Oregon ...................

1698.

Oregon ...................

1699.

Pennsylvania .........

1700.

Pennsylvania .........

1701.

Pennsylvania .........

1702.

Pennsylvania .........

1703.

Pennsylvania .........

1704.

Pennsylvania .........

1705.

Pennsylvania .........

1706.

Pennsylvania .........

1707.

Pennsylvania .........

1708.

Pennsylvania .........

1709.

Pennsylvania .........

1710.

Pennsylvania .........

1711.

Pennsylvania .........

1712.

Pennsylvania .........

1713.

Pennsylvania .........

1714.

Pennsylvania .........

1715.

Pennsylvania .........

1716.

Pennsylvania .........

Upgrade intersection of U.S. 35 and Fairfield Road ..................................................
Reconstruct/widen I–40 Crosstown Bridge
and Realignment, Oklahoma City ..........
Relocate Highway 126 through Redmond
Widen U.S. 30 from two lanes to four
lanes in Pendleton ...................................
Restore funding for Broadway Bridge
Project .......................................................
Restore funding for I–5/217 Kruse Way
Project .......................................................
Restore funding for Astoria Hazard Recovery Railroad Slide ....................................
Restore funding for South Rivergate Overcrossing Project ........................................
Restore funding for Medford Highway 62/
99 Project ..................................................
Restore funding for I–205 Sunnybrooke
Interchange Project ..................................
Reconstruction of I–79 from PA 285 to
U.S. 6, Crawford County .........................
Relocation of U.S. 15 from U.S. 522 to PA
147 in Snyder, Union, and Northumberland Counties ...........................................
Reconstruct I–81/Davis Street Interchange, Lackawanna County ..................
Construct American Parkway Bridge
project, Allentown ....................................
Construct Williams-Lycoming County Airport access road from I–80 to the Airport ............................................................
Rehabilitate Streets Run Road for emergency access ..............................................
Construct pedestrian bridge, Vine Street
Expressway between 15th and 16th
Streets .......................................................
North Shore roadway and pedestrian improvements, Pittsburgh ...........................
Widening and reconstruction of U.S. 30,
Lancaster County .....................................
Construction of Erie Bayside Connector,
Erie County ..............................................
Construct Independence Gateway Transportation Center project, Philadelphia ...
Road construction in and around former
Bethlehem Steel plant site ......................
Roadway and pedestrian improvements
for North Shore Central Business District Corridor Transportation Project,
Pittsburgh .................................................
Construction at Williamsport Airport,
Lycoming County .....................................
Construct U.S. 322 Conchester Highway
between U.S. 1 and SR 452 .....................
Construct I–95 access ramps at and
around Philadelphia International Airport ............................................................
Reconstruct SR 309 in Eastern Montgomery County ................................................
Lancaster County airport runway extension ............................................................

112 STAT. 319
(Dollars in
millions)

4
30.912
4
7.8
2.5
1.75
0.175
2
4
1.8
1
1
1
1
1
0.5
1
2.505
2.5
2
1
3

2.5
2
3
5
2
1

112 STAT. 320

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1717.

Pennsylvania .........

1718.

Pennsylvania .........

1719.

Pennsylvania .........

1720.

Pennsylvania .........

1721.

Pennsylvania .........

1722.

Pennsylvania .........

1723.

Pennsylvania .........

1724.

Pennsylvania .........

1725.
1726.
1727.

Pennsylvania .........
Pennsylvania .........
Pennsylvania .........

1728.

Pennsylvania .........

1729.

Pennsylvania .........

1730.

Pennsylvania .........

1731.

Pennsylvania .........

1732.

Pennsylvania .........

1733.

Pennsylvania .........

1734.

Pennsylvania .........

1735.

Pennsylvania .........

1736.
1737.
1738.
1739.

Rhode Island .........
Rhode Island .........
South Carolina ......
South Dakota ........

1740.

South Dakota ........

1741.

South Dakota ........

1742.

Tennessee ..............

1743.

Tennessee ..............

1744.

Tennessee ..............

Construct safety and capacity improvements to Route 309 and Old Packhouse
Road, including widening of Old Packhouse Road between KidsPeace National Hospital and Route 309, Lehigh
County .......................................................
Construct grade separated interchange on
Old Route 60 at Pittsburgh Airport, Allegheny County ........................................
Improvements to SR 412 from I–78 to
Bethlehem Steel site and road improvements for rail intermodal facility, Bethlehem .........................................................
Construct new interchange at Settler’s
Cabin, Allegheny County .........................
Improve access and interchange from I–95
to International terminal at Philadelphia International Airport ......................
Relocate Route 15 at Selinsgrove and
Shamokin Dam, Snyder County .............
Construct access to site of former Philadelphia Naval Shipyard and Base ..........
Reconstruct I–80, Mercer and Venango
Counties ....................................................
Construct Erie Eastside Connector ............
Reconstruct main line I–179 .......................
Upgrade U.S. 219 between Meyersdale
and Somerset ............................................
Relocate
Route
222
in/around
Trexlertown, Lehigh County ...................
Widen Broad Street and related improvements, Hazelton .......................................
Construct Cranberry Connector, I–79/
Route 19/PA Turnpike, Butler County ...
Construct Warren Street Extension, Reading .............................................................
Construct new lane on Route 15, Tioga
County .......................................................
Construct Mon Fayette Expressway between WV and Fairchance ......................
Reconstruct Ft. Pitt Bridge and Tunnel,
Pittsburgh .................................................
Construct new interchange at I–95 and
PA Turnpike and related improvements
Construct Blackstone River bikeway .........
Construct Woonasquatucket bikeway ........
Replace Cooper River Bridges, Charleston
Construct Eastern Dakota Expressway between Aberdeen at I–29 ..........................
Preserve Skyline Drive Scenic Ridgetop in
Rapid City .................................................
Construct new interchange and access
road on Interstate 90 at Box Elder ........
Reconstruction of Old Walland Highway
Bridge over Little River, Townsend .......
Construct pedestrian and bicycle pathway
to connect with Mississippi River Trail
and restore historic cobblestones on the
Riverfront, Memphis ................................
High priority highway and bridge projects

(Dollars in
millions)

1
1

2
1
5
1
2
1
3
1
5
3
2
2
3
5
5
19
5
8.843
3.1
19.311
12.832
0.5
1
0.42

0.7
44.048

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1745.

Utah .......................

1746.

Utah .......................

1747.
1748.

Utah .......................
Utah .......................

1749.

Utah .......................

1750.
1751.

Utah .......................
Utah .......................

1752.

Utah .......................

1753.

Utah .......................

1754.

Utah .......................

1755.
1756.
1757.

Utah .......................
Utah .......................
Utah .......................

1758.

Virginia ..................

1759.
1760.

Virginia ..................
Virginia ..................

1761.

Virginia ..................

1762.

Virginia ..................

1763.

Virginia ..................

1764.

Virginia ..................

1765.

Virginia ..................

1766.

Virginia ..................

1767.
1768.

Virginia ..................
Virginia ..................

1769.
1770.
1771.

Virginia ..................
Virginia ..................
Virginia ..................

1772.

Vermont .................

1773.
1774.
1775.
1776.
1777.
1778.

Washington
Washington
Washington
Washington
Washington
Washington

1779.

Washington ...........

Construct Phase 2 of the University Avenue Interchange, Provo ...........................
Engineer/reconstruct at Brown’s Park
Road, Daggett County .............................
Construct Cache Valley Highway in Logan
Gateway Redevelopment Area road reconstruction, Salt Lake City .........................
Widen/improve 123rd/126th South from
700 East to Jordan River, Draper ..........
Construct Cache Valley Highway in Logan
Widen/improve 123rd/126th South from
Jordan River to Bangerter Highway in
Riverton ....................................................
Construct underpass at 100 South, in
Sandy ........................................................
Extend Main Street from 5600 South to
Vine Street, Murray .................................
Construct Phase 2 of the University Avenue Interchange, Provo ...........................
Widen 7200 West, Midvale .........................
Construct I–15 interchange at Atkinville ..
Improve 5600 West Highway from 2100
South to 4100 South in West Valley
County .......................................................
Construct Southeastern Parkway and
Greenbelt, Virginia Beach .......................
Construct Route 288, Richmond .................
Planning/design for Coalfields Expressway, Buchanan, Dickinson, and Wise
Counties ....................................................
Complete new section of Fairfax County
Parkway, Fairfax County ........................
Reconstruct SR 168 (Battlefield Boulevard), Chesapeake ....................................
Phase 1 Downtown Staunton Streetscape
Plan ...........................................................
Commuter/freight rail congestion/mitigation project over Quantico Creek ............
Conduct preliminary engineering on I–73
between Roanoke and VA/NC State line
Construct I–95/State Route 627 interchange, Stafford County ..........................
Improve Lee Highway Corridor in Fairfax
Construct Third Bridge/Tunnel Crossing
of Hampton Rd .........................................
Widen I–64 Bland Boulevard interchange
Construct ‘‘Smart Road’’ in Blacksburg .....
Reconstruct I–66/Route 29 interchange,
Gainesville ................................................
Upgrade and Improve Publicly-Owned
Vermont Rail Infrastructure from
Bennington to Burlington .......................
Hood River Bridge SR 35 ............................
Port of Kalama River Bridge ......................
Huntington Avenue South Castle Rock .....
Port of Longview Industrial Rail Corridor
I–5 interchange, Lewis County ..................
Safety Improvements to SR 14 Columbia
Gorge .........................................................
Construct 192nd Street from SR 14 to SE
15th, Vancouver .......................................

...........
...........
...........
...........
...........
...........

112 STAT. 321
(Dollars in
millions)

1.5
0.85
1
1
0.5
2
0.5
1
2
1
0.35
2
1
4
2
5
2
3
0.2
2
1
1
1
3
3
5
15
9.168
0.192
0.169
0.138
0.477
1.27
0.775
0.962

112 STAT. 322

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1780.
1781.
1782.

Washington ...........
Washington ...........
Washington ...........

1783.

Washington ...........

1784.

Washington ...........

1785.

Washington ...........

1786.

Washington ...........

1787.

Washington ...........

1788.

Washington ...........

1789.

Washington ...........

1790.

Washington ...........

1791.

Washington ...........

1792.
1793.
1794.
1795.

Washington
Washington
Washington
Washington

1796.
1797.

Washington ...........
Washington ...........

1798.

Washington ...........

1799.
1800.
1801.
1802.
1803.
1804.
1805.
1806.
1807.

Washington
Washington
Washington
Washington
Washington
Washington
Washington
Washington
Washington

1808.
1809.
1810.
1811.
1812.

West Virginia ........
Wyoming ................
New Mexico ...........
Massachusetts .......
Texas ......................

1813.
1814.
1815.
1816.
1817.
1818.
1819.
1820.

Texas ......................
Arizona ..................
Delaware ................
Hawaii ...................
Wisconsin ...............
Arkansas ................
Maine .....................
Texas ......................

1821.
1822.
1823.

Virginia ..................
New Hampshire ....
Idaho ......................

Widen U.S. 395 north of Spokane ..............
Columbia Center Boulevard, Kennewick ...
Construct Washington Pass Visitors Center ..............................................................
Improve Hillsboro Street/Highway 395
intersection, Pasco ...................................
Reconstruct I–82/Keys Road Intersection,
Yakima ......................................................
Construct Sequim/Dungeness Valley Trail
Project .......................................................
Widen SR 99 between 148th Street and
King County Line, Lynnwood .................
Improve I–5/196th Street Interchange,
Lynnwood .................................................
Construct SR 305 corridor improvement,
Poulsboro ..................................................
Edmonds Crossing multi-modal transportation project ............................................
Construct Cross Base Corridor Ft. Lewis/
McChord AFB ...........................................
Reconstruct I–5 Interchange, City of
Lacey .........................................................
Construct SR 167 Corridor .........................
Southworth Seattle Ferry ...........................
Undertake SR 166 slide repair ...................
Construct SR 7 Elbe rest area and interpretive facility ..........................................
Extend Mill Plain Boulevard, Vancouver ..
Construct I–405/NE 8th Street Interchange, Bellevue ......................................
Improve I–90/Sunset Way Interchange,
Issaquah ...................................................
Clinton Ferry Terminal ...............................
8th Street, East Pierce County ...................
Shaw Road/Puyallup extension ..................
180th, Tukwila .............................................
South 277th, Auburn (UP) ..........................
South 277th, Auburn (BNSF) .....................
Construct Southwest Third Street .............
Construct Port of Tacoma Road .................
Construct North Duwamish Intermodal
Project .......................................................
Construct Coalfields Expressway ...............
State Priority Projects .................................
Construct Rio Rancho Highway .................
Reconstruct Huntington Avenue ................
Relocate railroad Bryan/College Station at
Texas A&M or any other high priority
project .......................................................
High priority highway and bridge projects
High priority highway and bridge projects
High priority highway and bridge projects
High priority highway and bridge projects
High priority highway and bridge projects
High priority highway and bridge projects
High priority highway and bridge projects
Relocate railroad line in Bryan and College Station, Texas A&M University ......
High priority highway and bridge projects
High priority highway and bridge projects
High priority highway and bridge projects

...........
...........
...........
...........

...........
...........
...........
...........
...........
...........
...........
...........
...........

(Dollars in
millions)

1.9
0.309
0.231
0.682
1.663
0.192
0.577
0.866
0.673
0.962
0.115
0.288
0.288
0.962
1.25
0.15
1
5.875
4.95
1.2
0.25
0.375
0.5
0.5
0.5
0.75
1.125
4
22.69
13.934
20
1
10
133.863
31.076
8.868
10.379
39.926
15
10
15
5
5
5

PUBLIC LAW 105–178—JUNE 9, 1998
No.

State

Project description

1824.

Arkansas ................

1825.
1826.
1827.
1828.
1829.
1830.
1831.

Missouri .................
Wyoming ................
Rhode Island .........
Oklahoma ..............
Colorado .................
Alabama .................
Alabama .................

1832.
1833.

Alabama .................
Alabama .................

1834.
1835.

Alabama .................
Alabama .................

1836.
1837.

Alabama .................
Alabama .................

1838.

Alabama .................

1839.

Alabama .................

1840.

Alabama .................

1841.

Alabama .................

1842.

Alabama .................

1843.

California ...............

1844.

Oregon ...................

1845.

South Dakota ........

1846.
1847.

Massachusetts .......
Pennsylvania .........

1848.

Pennsylvania .........

1849.
1850.

South Carolina ......
Alaska ....................

Conduct seismic design and deployment
projects ......................................................
High priority highway and bridge projects
High priority highway and bridge projects
Construct pedestrian and bicycle facilities
High priority highway and bridge projects
High priority highway and bridge projects
Develop Huntsville Southern Bypass ........
Replace bridge over Tombigbee River,
Naheola .....................................................
Construct Anniston Eastern Bypass ..........
Construct East Foley Corridor Project
from Baldwin County Highway 20 to
State Highway 59 ....................................
Construct Decatur Southern Bypass .........
Construct Montgomery Outer Loop from
U.S. 80 to I–85 via I–65 ..........................
Develop Birmingham Northern Beltline ...
Construct bridge over Tennessee River
connecting Muscle Shoals and Florence
Create National University Transportation Center at the University of Alabama .........................................................
University of Alabama at BirminghamTrauma Care Center ................................
Conduct advance vehicle transportation
research program at the University of
Alabama at Tuscaloosa ............................
Conduct asphalt research program at Auburn University ........................................
Conduct Global Climate Research Program at the University of Alabama at
Huntsville .................................................
Conduct Golden Gate Seismic Retrofit
Project .......................................................
Prepare and preserve high priority highways ..........................................................
Construct Eastern Dakota Expressway
from Aberdeen to I–29 .............................
High priority highway and bridges ............
Reconstruct and improve I–95 in Delaware, Philadelphia and Bucks Counties
Reconstruct and improve U.S. 22 in Westmoreland and Indiana Counties .............
Replace Cooper River Bridges, Charleston
Construct Bradfield Canal Road ................

112 STAT. 323
(Dollars in
millions)

5
10
5
5
5
5
1
1
1
0.75
1
1
1.45
1
1.8
2.25
2
0.5
0.25
26
30
23.768
25
50
50
20
1

SEC. 1603. SPECIAL RULE.

For purposes of calculating the minimum guarantee apportionment under section 105 of title 23, United States Code, the Secretary shall not include projects numbered 1818 through 1849 in
section 1602.

TITLE II—HIGHWAY SAFETY
SEC. 2001. HIGHWAY SAFETY PROGRAMS.

(a) UNIFORM GUIDELINES.—Section 402(a) of title 23, United
States Code, is amended—

112 STAT. 324

23 USC 402.

PUBLIC LAW 105–178—JUNE 9, 1998

(1) in the fourth sentence by striking ‘‘(4) to’’ and inserting
‘‘(4) to prevent accidents and’’;
(2) in the eighth sentence by striking ‘‘include information
obtained by the Secretary under section 4007 of the Intermodal
Surface Transportation Efficiency Act of 1991 and’’; and
(3) in the twelfth sentence by inserting ‘‘enforcement of
light transmission standards of window glazing for passenger
motor vehicles and light trucks as necessary to improve highway safety,’’ before ‘‘and emergency services’’.
(b) ADMINISTRATION OF STATE PROGRAMS.—Section 402(b) of
such title is amended—
(1) by striking ‘‘(b)(1)’’ and all that follows through paragraph (2) and inserting the following:
‘‘(b) ADMINISTRATION OF STATE PROGRAMS.—’’;
(2) by redesignating paragraphs (3), (4), and (5) as paragraphs (1), (2), and (3), respectively;
(3) in paragraph (1)(C) (as so redesignated) by striking
‘‘paragraph (5)’’ and inserting ‘‘paragraph (3)’’; and
(4) in paragraph (2) (as so redesignated) by striking ‘‘paragraph (3)(C)’’ and inserting ‘‘paragraph (1)(C)’’.
(c) APPORTIONMENT OF FUNDS.—The sixth sentence of section
402(c) of such title is amended by inserting ‘‘the apportionment
to the Secretary of the Interior shall not be less than three-fourths
of 1 percent of the total apportionment and’’ after ‘‘except that’’.
(d) APPLICATION IN INDIAN COUNTRY.—Section 402(i) of such
title is amended to read as follows:
‘‘(i) APPLICATION IN INDIAN COUNTRY.—
‘‘(1) USE OF TERMS.—For the purpose of application of this
section in Indian country, the terms ‘State’ and ‘Governor of
a State’ include the Secretary of the Interior and the term
‘political subdivision of a State’ includes an Indian tribe.
‘‘(2) EXPENDITURES FOR LOCAL HIGHWAY PROGRAMS.—Notwithstanding subsection (b)(1)(C), 95 percent of the funds apportioned to the Secretary of the Interior under this section shall
be expended by Indian tribes to carry out highway safety programs within their jurisdictions.
‘‘(3) ACCESS FOR INDIVIDUALS WITH DISABILITIES.—The
requirements of subsection (b)(1)(D) shall be applicable to
Indian tribes, except to those tribes with respect to which
the Secretary determines that application of such provisions
would not be practicable.
‘‘(4) INDIAN COUNTRY DEFINED.—In this subsection, the term
‘Indian country’ means—
‘‘(A) all land within the limits of any Indian reservation
under the jurisdiction of the United States, notwithstanding the issuance of any patent and including rights-ofway running through the reservation;
‘‘(B) all dependent Indian communities within the borders of the United States, whether within the original
or subsequently acquired territory thereof and whether
within or without the limits of a State; and
‘‘(C) all Indian allotments, the Indian titles to which
have not been extinguished, including rights-of-way running through such allotments.’’.
(e) RULEMAKING PROCEEDING.—Section 402(j) of such title is
amended to read as follows:

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 325

‘‘(j) RULEMAKING PROCEEDING.—The Secretary may periodically
conduct a rulemaking process to identify highway safety programs
that are highly effective in reducing motor vehicle crashes, injuries,
and deaths. Any such rulemaking shall take into account the major
role of the States in implementing such programs. When a rule
promulgated in accordance with this section takes effect, States
shall consider these highly effective programs when developing
their highway safety programs.’’.
(f) HIGHWAY SAFETY EDUCATION AND INFORMATION.—
(1) IN GENERAL.—For fiscal years 1999 and 2000, the Secretary shall allow any State to use funds apportioned to the
State under section 402 of title 23, United States Code, to
purchase television and radio time for highway safety public
service messages.
(2) REPORTS BY STATES.—Any State that uses funds
described in paragraph (1) for purchasing television and radio
time for highway safety public service messages shall submit
to the Secretary a report describing, and assessing the effectiveness of, the messages.
(3) STUDY.—Based on information contained in the reports
submitted under paragraph (2), the Secretary shall prepare
and transmit to Congress a report on the effectiveness of
purchasing television and radio time for highway safety public
service messages using funds described in paragraph (1).

23 USC 402 note.

Reports.

SEC. 2002. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

(a) AUTHORITY OF THE SECRETARY.—Section 403(a)(2)(A) of title
23, United States Code, is amended by inserting ‘‘, including training in work zone safety management’’ after ‘‘personnel’’.
(b) DRUGS AND DRIVER BEHAVIOR.—
(1) IN GENERAL.—Section 403(b) of such title is amended
by adding at the end the following:
‘‘(3) Measures that may deter drugged driving.
‘‘(4) Programs to train law enforcement officers on motor
vehicle pursuits conducted by the officers.’’.
(2) REPORTS OF FEDERAL POLICIES AND PROCEDURES.—Not
later than 180 days after the date of enactment of this Act,
the Attorney General, the Secretary of Agriculture, the Secretary of the Interior, the Secretary of the Treasury, the Chief
of Capitol Police, and the Administrator of General Services
shall each transmit to Congress a report containing—
(A) the policy of the department or agency headed
by that individual concerning motor vehicle pursuits by
law enforcement officers of that department or agency;
and
(B) a description of the procedures that the department
or agency uses to train law enforcement officers in the
implementation of the policy referred to in subparagraph
(A).
SEC. 2003. OCCUPANT PROTECTION.

(a) OCCUPANT PROTECTION INCENTIVE GRANTS.—
(1) IN GENERAL.—Chapter 4 of title 23, United States Code,
is amended by inserting after section 404 the following:
‘‘§ 405. Occupant protection incentive grants
‘‘(a) GENERAL AUTHORITY.—

23 USC 403.

112 STAT. 326

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(1) AUTHORITY TO MAKE GRANTS.—Subject to the requirements of this section, the Secretary shall make grants under
this section to States that adopt and implement effective programs to reduce highway deaths and injuries resulting from
individuals riding unrestrained or improperly restrained in
motor vehicles. Such grants may be used by recipient States
only to implement and enforce, as appropriate, such programs.
‘‘(2) MAINTENANCE OF EFFORT.—No grant may 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 programs
described in paragraph (1) at or above the average level of
such expenditures in its 2 fiscal years preceding the date of
enactment of the Transportation Equity Act for the 21st Century.
‘‘(3) MAXIMUM PERIOD OF ELIGIBILITY.—No State may
receive grants under this section in more than 6 fiscal years
beginning after September 30, 1997.
‘‘(4) FEDERAL SHARE.—The Federal share of the cost of
implementing and enforcing, as appropriate, in a fiscal year
a program adopted by a State pursuant to paragraph (1) shall
not exceed—
‘‘(A) in each of the first and second fiscal years in
which the State receives a grant under this section, 75
percent;
‘‘(B) in each of the third and fourth fiscal years in
which the State receives a grant under this section, 50
percent; and
‘‘(C) in each of the fifth and sixth fiscal years in which
the State receives a grant under this section, 25 percent.
‘‘(b) GRANT ELIGIBILITY.—A State shall become eligible for a
grant under this section by adopting or demonstrating to the satisfaction of the Secretary at least 4 of the following:
‘‘(1) SAFETY BELT USE LAW.—The State has in effect a
safety belt use law that makes unlawful throughout the State
the operation of a passenger motor vehicle whenever an individual (other than a child who is secured in a child restraint
system) in the front seat of the vehicle (and, beginning in
fiscal year 2001, in any seat in the vehicle) does not have
a safety belt properly secured about the individual’s body.
‘‘(2) PRIMARY SAFETY BELT USE LAW.—The State provides
for primary enforcement of the safety belt use law of the State.
‘‘(3) MINIMUM FINE OR PENALTY POINTS.—The State imposes
a minimum fine or provides for the imposition of penalty points
against the driver’s license of an individual—
‘‘(A) for a violation of the safety belt use law of the
State; and
‘‘(B) for a violation of the child passenger protection
law of the State.
‘‘(4) SPECIAL TRAFFIC ENFORCEMENT PROGRAM.—The State
has implemented a statewide special traffic enforcement program for occupant protection that emphasizes publicity for the
program.
‘‘(5) CHILD PASSENGER PROTECTION EDUCATION PROGRAM.—
The State has implemented a statewide comprehensive child
passenger protection education program that includes education

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 327

programs about proper seating positions for children in air
bag equipped motor vehicles and instruction on how to reduce
the improper use of child restraint systems.
‘‘(6) CHILD PASSENGER PROTECTION LAW.—The State has
in effect a law that requires minors who are riding in a passenger motor vehicle to be properly secured in a child safety
seat or other appropriate restraint system.
‘‘(c) GRANT AMOUNTS.—The amount of a grant for which a
State qualifies under this section for a fiscal year shall equal
up to 25 percent of the amount apportioned to the State for fiscal
year 1997 under section 402.
‘‘(d) ADMINISTRATIVE EXPENSES.—Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject
to a deduction not to exceed 5 percent for the necessary costs
of administering the provisions of this section.
‘‘(e) APPLICABILITY OF CHAPTER 1.—The provisions contained
in section 402(d) shall apply to this section.
‘‘(f) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) CHILD SAFETY SEAT.—The term ‘child safety seat’
means any device (except safety belts) designed for use in
a motor vehicle to restrain, seat, or position a child who weighs
50 pounds or less.
‘‘(2) MOTOR VEHICLE.—The term ‘motor vehicle’ means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public streets, roads, and highways, but
does not include a vehicle operated only on a rail line.
‘‘(3) MULTIPURPOSE PASSENGER VEHICLE.—The term ‘multipurpose passenger vehicle’ means a motor vehicle with motive
power (except a trailer), designed to carry not more than 10
individuals, that is constructed either on a truck chassis or
with special features for occasional off-road operation.
‘‘(4) PASSENGER CAR.—The term ‘passenger car’ means a
motor vehicle with motive power (except a multipurpose passenger vehicle, motorcycle, or trailer) designed to carry not
more than 10 individuals.
‘‘(5) PASSENGER MOTOR VEHICLE.—The term ‘passenger
motor vehicle’ means a passenger car or a multipurpose passenger motor vehicle.
‘‘(6) SAFETY BELT.—The term ‘safety belt’ means—
‘‘(A) with respect to open-body 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 and
shoulder belts.’’.
(2) CONFORMING AMENDMENT.—The analysis for such chapter is amended by inserting after the item relating to section
404 the following:
‘‘405. Occupant protection incentive grants.’’.

(b) CHILD PASSENGER PROTECTION EDUCATION GRANTS.—
(1) IN GENERAL.—The Secretary may make a grant to a
State that submits an application, in such form and manner
as the Secretary may prescribe, that is approved by the Secretary to carry out the activities specified in paragraph (2)
through—

23 USC 405 note.

112 STAT. 328

PUBLIC LAW 105–178—JUNE 9, 1998
(A) the child passenger protection program of the State;
and
(B) at the option of the State, a grant program established by the State to carry out 1 or more of the activities
specified in paragraph (2) by a political subdivision of the
State or an appropriate private entity.
(2) USE OF FUNDS.—Funds provided to a State as a grant
under this subsection shall be used to implement child passenger protection programs that—
(A) are designed to prevent deaths and injuries to
children;
(B) educate the public concerning—
(i) all aspects of the proper installation of child
restraints using standard seatbelt hardware, supplemental hardware, and modification devices (if needed),
including special installation techniques;
(ii) appropriate child restraint design, selection,
and placement; and
(iii) harness threading and harness adjustment on
child restraints; and
(C) train and retrain child passenger safety professionals, police officers, fire and emergency medical personnel, and other educators concerning all aspects of child
restraint use.
(3) GRANT AWARDS.—The Secretary may make a grant
under this subsection without regard to whether a State is
eligible to receive, or has received, a grant under section 405
of title 23, United States Code (as inserted by subsection (a)
of this section).
(4) FEDERAL SHARE.—The Federal share of the cost of a
program carried out using funds made available from a grant
under this subsection may not exceed 80 percent.
(5) REPORT.—Each State that receives a grant under this
subsection shall transmit to the Secretary a report for the
period covered by the grant that, at a minimum, describes
the program activities carried out with the funds made available under the grant.
(6) REPORT TO CONGRESS.—Not later than June 1, 2002,
the Secretary shall transmit to Congress a report on the
implementation of this subsection that includes a description
of the programs carried out and materials developed and
distributed by the States that receive grants under this subsection.
(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $7,500,000
for each of fiscal years 2000 and 2001.

SEC. 2004. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.

(a) IN GENERAL.—Section 410 of title 23, United States Code,
is amended to read as follows:
‘‘§ 410. Alcohol-impaired driving countermeasures
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) AUTHORITY TO MAKE GRANTS.—Subject to the requirements of this section, the Secretary shall make grants to States
that adopt and implement effective programs to reduce traffic
safety problems resulting from individuals driving while under

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 329

the influence of alcohol. Such grants may only be used by
recipient States to implement and enforce such programs.
‘‘(2) MAINTENANCE OF EFFORT.—No grant may 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 alcohol
traffic safety programs at or above the average level of such
expenditures in its 2 fiscal years preceding the date of enactment of the Transportation Equity Act for the 21st Century.
‘‘(3) MAXIMUM PERIOD OF ELIGIBILITY.—No State may
receive grants under this section in more than 6 fiscal years
beginning after September 30, 1997.
‘‘(4) FEDERAL SHARE.—The Federal share of the cost of
implementing and enforcing in a fiscal year a program adopted
by a State pursuant to paragraph (1) shall not exceed—
‘‘(A) in each of the first and second fiscal years in
which the State receives a grant under this section, 75
percent;
‘‘(B) in each of the third and fourth fiscal years in
which the State receives a grant under this section, 50
percent; and
‘‘(C) in each of the fifth and sixth fiscal years in which
the State receives a grant under this section, 25 percent.
‘‘(b) BASIC GRANT ELIGIBILITY.—
‘‘(1) BASIC GRANT A.—A State shall become eligible for
a grant under this paragraph by adopting or demonstrating
to the satisfaction of the Secretary at least 5 of the following:
‘‘(A) ADMINISTRATIVE LICENSE REVOCATION.—An
administrative driver’s license suspension or revocation system for individuals who operate motor vehicles while under
the influence of alcohol that requires that—
‘‘(i) in the case of an individual who, in any 5year period beginning after the date of enactment of
the Transportation Equity Act for the 21st Century,
is determined on the basis of a chemical test to have
been operating a motor vehicle while under the influence of alcohol or is determined to have refused to
submit to such a test as proposed by a law enforcement
officer, the State agency responsible for administering
drivers’ licenses, upon receipt of the report of the law
enforcement officer—
‘‘(I) shall suspend the driver’s license of such
individual for a period of not less than 90 days
if such individual is a first offender in such 5year period; and
‘‘(II) shall suspend the driver’s license of such
individual for a period of not less than 1 year,
or revoke such license, if such individual is a
repeat offender in such 5-year period; and
‘‘(ii) the suspension and revocation referred to
under clause (i) shall take effect not later than 30
days after the day on which the individual refused
to submit to a chemical test or received notice of having
been determined to be driving under the influence
of alcohol, in accordance with the procedures of the
State.

112 STAT. 330

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘(B) UNDERAGE DRINKING PROGRAM.—An effective system, as determined by the Secretary, for preventing operators of motor vehicles under age 21 from obtaining alcoholic
beverages and for preventing persons from making alcoholic
beverages available to individuals under age 21. Such system may include the issuance of drivers’ licenses to
individuals under age 21 that are easily distinguishable
in appearance from drivers’ licenses issued to individuals
age 21 or older and the issuance of drivers’ licenses that
are tamper resistant.
‘‘(C) ENFORCEMENT PROGRAM.—Either—
‘‘(i) a statewide program for stopping motor
vehicles on a nondiscriminatory, lawful basis for the
purpose of determining whether the operators of such
motor vehicles are driving while under the influence
of alcohol; or
‘‘(ii) a statewide special traffic enforcement program for impaired driving that emphasizes publicity
for the program.
‘‘(D) GRADUATED LICENSING SYSTEM.—A 3-stage graduated licensing system for young drivers that includes
nighttime driving restrictions during the first 2 stages,
requires all vehicle occupants to be properly restrained,
and makes it unlawful for a person under age 21 to operate
a motor vehicle with a blood alcohol concentration of .02
percent or greater.
‘‘(E) DRIVERS WITH HIGH BAC.—Programs to target
individuals with high blood alcohol concentrations who
operate a motor vehicle. Such programs may include
implementation of a system of graduated penalties and
assessment of individuals convicted of driving under the
influence of alcohol.
‘‘(F) YOUNG ADULT DRINKING PROGRAMS.—Programs to
reduce driving while under the influence of alcohol by
individuals age 21 through 34. Such programs may include
awareness campaigns; traffic safety partnerships with
employers, colleges, and the hospitality industry; assessments of first-time offenders; and incorporation of treatment into judicial sentencing.
‘‘(G) TESTING FOR BAC.—An effective system for increasing the rate of testing of the blood alcohol concentrations
of motor vehicle drivers involved in fatal accidents and,
in fiscal year 2001 and each fiscal year thereafter, a rate
of such testing that is equal to or greater than the national
average.
‘‘(2) BASIC GRANT B.—A State shall become eligible for
a grant under this paragraph by adopting or demonstrating
to the satisfaction of the Secretary each of the following:
‘‘(A) FATAL IMPAIRED DRIVER PERCENTAGE REDUCTION.—The percentage of fatally injured drivers with 0.10
percent or greater blood alcohol concentration in the State
has decreased in each of the 3 most recent calendar years
for which statistics for determining such percentages are
available.
‘‘(B) FATAL IMPAIRED DRIVER PERCENTAGE COMPARISON.—The percentage of fatally injured drivers with 0.10
percent or greater blood alcohol concentration in the State

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 331

has been lower than the average percentage for all States
in each of the calendar years referred to in subparagraph
(A).
‘‘(3) BASIC GRANT AMOUNT.—The amount of a basic grant
made to a State for a fiscal year under this subsection shall
equal up to 25 percent of the amount apportioned to the State
for fiscal year 1997 under section 402.
‘‘(c) SUPPLEMENTAL GRANTS.—
‘‘(1) IN GENERAL.—Upon receiving an application from a
State, the Secretary may make supplemental grants to the
State for meeting 1 or more of the following criteria:
‘‘(A) VIDEO EQUIPMENT FOR DETECTION OF DRUNK DRIVERS.—The State provides for a program to acquire video
equipment to be used in detecting persons who operate
motor vehicles while under the influence of alcohol and
in prosecuting those persons, and to train personnel in
the use of that equipment.
‘‘(B) SELF-SUSTAINING DRUNK DRIVING PREVENTION PROGRAM.—The State provides for a self-sustaining drunk driving prevention program under which a significant portion
of the fines or surcharges collected from individuals
apprehended and fined for operating a motor vehicle while
under the influence of alcohol are returned to those communities which have comprehensive programs for the prevention of such operations of motor vehicles.
‘‘(C) REDUCING DRIVING WITH A SUSPENDED LICENSE.—
The State enacts and enforces a law to reduce driving
with a suspended license. Such law, as determined by
the Secretary, may require a ‘zebra’ stripe that is clearly
visible on the license plate of any motor vehicle owned
and operated by a driver with a suspended license.
‘‘(D) USE OF PASSIVE ALCOHOL SENSORS.—The State
provides for a program to acquire passive alcohol sensors
to be used by police officers in detecting persons who operate motor vehicles while under the influence of alcohol,
and to train police officers in the use of that equipment.
‘‘(E) EFFECTIVE DWI TRACKING SYSTEM.—The State
demonstrates an effective driving while intoxicated (DWI)
tracking system. Such a system, as determined by the
Secretary, may include data covering arrests, case prosecutions, court dispositions and sanctions, and provide for
the linkage of such data and traffic records systems to
appropriate jurisdictions and offices within the State.
‘‘(F) OTHER PROGRAMS.—The State provides for other
innovative programs to reduce traffic safety problems
resulting from individuals driving while under the influence
of alcohol or controlled substances, including programs that
seek to achieve such a reduction through legal, judicial,
enforcement,
educational,
technological,
or
other
approaches.
‘‘(2) ELIGIBILITY.—A State shall be eligible to receive a
grant under this subsection in a fiscal year only if the State
is eligible to receive a grant under subsection (b) in such
fiscal year.
‘‘(3) FUNDING.—Of the amounts made available to carry
out this section in a fiscal year, not to exceed 10 percent
shall be available for making grants under this subsection.

112 STAT. 332

23 USC 410 note.

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(d) ADMINISTRATIVE EXPENSES.—Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject
to a deduction not to exceed 5 percent for the necessary costs
of administering the provisions of this section.
‘‘(e) APPLICABILITY OF CHAPTER 1.—The provisions contained
in section 402(d) shall apply to this section.
‘‘(f) DEFINITIONS.—In this section, the following definitions
apply:
‘‘(1) ALCOHOLIC BEVERAGE.—The term ‘alcoholic beverage’
has the meaning given such term in section 158(c).
‘‘(2) CONTROLLED SUBSTANCES.—The term ‘controlled substances’ has the meaning given such term in section 102(6)
of the Controlled Substances Act (21 U.S.C. 802(6)).
‘‘(3) MOTOR VEHICLE.—The term ‘motor vehicle’ has the
meaning given such term in section 405.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on October 1, 1998.
SEC. 2005. STATE HIGHWAY SAFETY DATA IMPROVEMENTS.

(a) IN GENERAL.—Chapter 4 of title 23, United States Code,
is further amended by adding at the end the following:
‘‘§ 411. State highway safety data improvements
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) AUTHORITY TO MAKE GRANTS.—Subject to the requirements of this section, the Secretary shall make grants to States
that adopt and implement effective programs—
‘‘(A) to improve the timeliness, accuracy, completeness,
uniformity, and accessibility of the data of the State that
is needed to identify priorities for national, State, and
local highway and traffic safety programs;
‘‘(B) to evaluate the effectiveness of efforts to make
such improvements;
‘‘(C) to link these State data systems, including traffic
records, with other data systems within the State, such
as systems that contain medical and economic data; and
‘‘(D) to improve the compatibility of the data system
of the State with national data systems and data systems
of other States and to enhance the ability of the Secretary
to observe and analyze national trends in crash occurrences, rates, outcomes, and circumstances.
Such grants may be used by recipient States only to implement
such programs.
‘‘(2) MODEL DATA ELEMENTS.—The Secretary, in consultation with States and other appropriate parties, shall determine
the model data elements necessary to observe and analyze
national trends in crash occurrences, rates, outcomes, and circumstances. In order to become eligible for a grant under
this section, a State shall demonstrate how the multiyear highway safety data and traffic records plan of the State described
in subsection (b)(1) will be incorporated into data systems of
the State.
‘‘(3) MAINTENANCE OF EFFORT.—No grant may 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 highway

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 333

safety data programs at or above the average level of such
expenditures in its 2 fiscal years preceding the date of enactment of the Transportation Equity Act for the 21st Century.
‘‘(4) MAXIMUM PERIOD OF ELIGIBILITY.—No State may
receive grants under this section in more than 6 fiscal years
beginning after September 30, 1997.
‘‘(5) FEDERAL SHARE.—The Federal share of the cost of
implementing and enforcing, as appropriate, in a fiscal year
a program adopted by a State pursuant to paragraph (1) shall
not exceed—
‘‘(A) in the first and second fiscal years in which the
State receives a grant under this section, 75 percent;
‘‘(B) in the third and fourth fiscal years in which the
State receives a grant under this section, 50 percent; and
‘‘(C) in the fifth and sixth fiscal years in which the
State receives a grant under this section, 25 percent.
‘‘(b) FIRST-YEAR GRANTS.—
‘‘(1) ELIGIBILITY.—A State shall become eligible for a firstyear grant under this subsection in a fiscal year if the State
either—
‘‘(A) demonstrates, to the satisfaction of the Secretary,
that the State has—
‘‘(i) established a highway safety data and traffic
records coordinating committee with a multidisciplinary membership, including the administrators,
collectors, and users of such data (including the public
health, injury control, and motor carrier communities);
‘‘(ii) completed, within the preceding 5 years, a
highway safety data and traffic records assessment
or an audit of the highway safety data and traffic
records system of the State; and
‘‘(iii) initiated the development of a multiyear highway safety data and traffic records strategic plan
that—
‘‘(I) identifies and prioritizes the highway
safety data and traffic records needs and goals
of the State;
‘‘(II) identifies performance-based measures by
which progress toward those goals will be determined; and
‘‘(III) will be submitted to the highway safety
data and traffic records coordinating committee
of the State for approval; or
‘‘(B) provides, to the satisfaction of the Secretary—
‘‘(i) a certification that the State has met the
requirements of clauses (i) and (ii) of subparagraph
(A);
‘‘(ii) a multiyear highway safety data and traffic
records strategic plan that—
‘‘(I) meets the requirements of subparagraph
(A)(iii); and
‘‘(II) specifies how the incentive funds of the
State for the fiscal year will be used to address
needs and goals identified in the plan; and
‘‘(iii) a certification that the highway safety data
and traffic records coordinating committee of the State

112 STAT. 334

PUBLIC LAW 105–178—JUNE 9, 1998

continues to operate and supports the multiyear plan
described in clause (ii).
‘‘(2) GRANT AMOUNTS.—The amount of a first-year grant
made to a State for a fiscal year under this subsection shall
equal—
‘‘(A) if the State is eligible for the grant under paragraph (1)(A), $125,000; and
‘‘(B) if the State is eligible for the grant under paragraph (1)(B), an amount determined by multiplying—
‘‘(i) the amount appropriated to carry out this section for such fiscal year; by
‘‘(ii) the ratio that the funds apportioned to the
State under section 402 for fiscal year 1997 bears
to the funds apportioned to all States under section
402 for fiscal year 1997;
except that no State eligible for a grant under paragraph
(1)(B) shall receive less than $250,000.
‘‘(3) STATES NOT MEETING CRITERIA.—The Secretary may
award a grant of up to $25,000 for 1 year to any State that
does not meet the criteria established in paragraph (1). The
grant may only be used to conduct activities needed to enable
the State to qualify for a first-year grant in the next fiscal
year.
‘‘(c) SUCCEEDING YEAR GRANTS.—
‘‘(1) ELIGIBILITY.—A State shall be eligible for a grant
under this subsection in a fiscal year succeeding the first fiscal
year in which the State receives a grant under subsection
(b) if the State, to the satisfaction of the Secretary—
‘‘(A) submits or updates a multiyear highway safety
data and traffic records strategic plan that meets the
requirements of subsection (b)(1);
‘‘(B) certifies that the highway safety data and traffic
records coordinating committee of the State continues to
operate and supports the multiyear plan; and
‘‘(C) reports annually on the progress of the State
in implementing the multiyear plan.
‘‘(2) GRANT AMOUNTS.—The amount of a succeeding year
grant made to the State for a fiscal year under this paragraph
shall equal the amount determined by multiplying—
‘‘(A) the amount appropriated to carry out this section
for such fiscal year; by
‘‘(B) the ratio that the funds apportioned to the State
under section 402 for fiscal year 1997 bears to the funds
apportioned to all States under section 402 for fiscal year
1997;
except that no State eligible for a grant under this paragraph
shall receive less than $225,000.
‘‘(c) ADMINISTRATIVE EXPENSES.—Funds authorized to be appropriated to carry out this section in a fiscal year shall be subject
to a deduction not to exceed 5 percent for the necessary costs
of administering the provisions of this section.
‘‘(d) APPLICABILITY OF CHAPTER 1.—The provisions contained
in section 402(d) shall apply to this section.’’.
(b) CONFORMING AMENDMENT.—The analysis for such chapter
is amended by adding at the end the following:
‘‘411. State highway safety data improvements.’’.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 335

SEC. 2006. NATIONAL DRIVER REGISTER.

(a) TRANSFER OF SELECTED FUNCTIONS TO NON-FEDERAL
MANAGEMENT.—Section 30302 of title 49, United States Code, is
amended by adding at the end the following:
‘‘(e) TRANSFER OF SELECTED FUNCTIONS TO NON-FEDERAL
MANAGEMENT.—
‘‘(1) AGREEMENT.—The Secretary may enter into an agreement with an organization that represents the interests of
the States to manage, administer, and operate the National
Driver Register’s computer timeshare and user assistance functions. If the Secretary decides to enter into such an agreement,
the Secretary shall ensure that the management of these functions is compatible with this chapter and the regulations issued
to implement this chapter.
‘‘(2) REQUIRED DEMONSTRATION.—Any transfer of the
National Driver Register’s computer timeshare and user assistance functions to an organization that represents the interests
of the States shall begin only after a determination is made
by the Secretary that all States are participating in the
National Driver Register’s ‘Problem Driver Pointer System’ (the
system used by the Register to effect the exchange of motor
vehicle driving records) and that the system is functioning
properly.
‘‘(3) TRANSITION PERIOD.—Any agreement entered into
under this subsection shall include a provision for a transition
period sufficient to allow the States to make the budgetary
and legislative changes the States may need to pay fees charged
by the organization representing their interests for their use
of the National Driver Register’s computer timeshare and user
assistance functions. During this transition period, the Secretary shall continue to fund these transferred functions.
‘‘(4) FEES.—The total of the fees charged by the organization representing the interests of the States in any fiscal year
for the use of the National Driver Register’s computer timeshare
and user assistance functions shall not exceed the total cost
to the organization of performing these functions in such fiscal
year.
‘‘(5) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing
in this subsection may be construed to diminish, limit, or otherwise affect the authority of the Secretary to carry out this
chapter.’’.
(b) ACCESS TO REGISTER INFORMATION.—
(1) CONFORMING AMENDMENTS.—Section 30305(b) of title
49, United States Code, is amended—
(A) in paragraph (2) by inserting before the period
at the end the following: ‘‘, unless the information is about
a revocation or suspension still in effect on the date of
the request’’;
(B) in paragraph (8), as redesignated by section 207(b)
of the Coast Guard Authorization Act of 1996 (Public Law
104–324, 110 Stat. 3908)—
(i) by striking ‘‘paragraph (2)’’ and inserting ‘‘subsection (a) of this section’’; and
(ii) by moving the text of such paragraph 2 ems
to the left; and
(C) by redesignating paragraph (8), as redesignated
by section 502(b)(1) of the Federal Aviation Reauthorization

112 STAT. 336

Reports.

49 USC 30301
note.

23 USC 403 note.

PUBLIC LAW 105–178—JUNE 9, 1998

Act of 1996 (Public Law 104–264, 110 Stat. 3262), as paragraph (9).
(2) FEDERAL AGENCY ACCESS PROVISION.—Section 30305(b)
of title 49, United States Code, is further amended—
(A) by redesignating paragraph (6) as paragraph (10)
and inserting such paragraph after paragraph (9);
(B) by inserting after paragraph (5) the following:
‘‘(6) The head of a Federal department or agency that issues
motor vehicle operator’s licenses may request the chief driver licensing official of a State to obtain information under subsection (a)
of this section about an individual applicant for a motor vehicle
operator’s license from such department or agency. The department
or agency may receive the information, provided it transmits to
the Secretary a report regarding any individual who is denied
a motor vehicle operator’s license by that department or agency
for cause; whose motor vehicle operator’s license is revoked, suspended, or canceled by that department or agency for cause; or
about whom the department or agency has been notified of a conviction of any of the motor vehicle-related offenses or comparable
offenses listed in section 30304(a)(3) and over whom the department
or agency has licensing authority. The report shall contain the
information specified in section 30304(b).’’; and
(C) by adding at the end the following:
‘‘(11) The head of a Federal department or agency authorized
to receive information regarding an individual from the Register
under this section may request and receive such information from
the Secretary.’’.
(c) EVALUATION AND ASSESSMENT OF ALTERNATIVES.—
(1) EVALUATION.—The Secretary shall evaluate the
implementation of chapter 303 of title 49, United States Code,
and the programs under sections 31106 and 31309 of such
title and identify alternatives to improve the ability of the
States to exchange information about unsafe drivers and to
identify drivers with multiple licenses.
(2) TECHNOLOGY ASSESSMENT.—The Secretary, in conjunction with the American Association of Motor Vehicle Administrators, shall conduct an assessment of available electronic
technologies to improve access to and exchange of motor vehicle
driving records. The assessment may consider alternative
unique motor vehicle driver identifiers that would facilitate
accurate matching of drivers and their records.
(3) REPORT TO CONGRESS.—Not later than 2 years after
the date of enactment of this Act, the Secretary shall transmit
to Congress a report on the results of the evaluation and
technology assessment, together with any recommendations for
appropriate administrative and legislative actions.
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out paragraph (2) $250,000
in the aggregate for fiscal years beginning after September
30, 1998.
SEC. 2007. SAFETY STUDIES.

(a) BLOWOUT RESISTANT TIRES STUDY.—The Secretary shall
conduct a study on the benefit to public safety of the use of blowout
resistant tires on commercial motor vehicles and the potential to
decrease the incidence of accidents and fatalities from accidents
occurring as a result of blown out tires.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 337

(b) SCHOOL BUS OCCUPANT SAFETY STUDY.—The Secretary shall
conduct a study to assess occupant safety in school buses. The
study shall examine available information about occupant safety
and analyze options for improving occupant safety.
(c) REPORTS.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall transmit to Congress a report
on the results of each study conducted under this section.
(d) LIMITATION ON FUNDING.—The Secretary may not expend
more than $200,000 from funds made available by section 403
of title 23, United States Code, for conducting each study under
this section.
SEC. 2008. EFFECTIVENESS OF LAWS ESTABLISHING MAXIMUM BLOOD
ALCOHOL CONCENTRATIONS.

(a) STUDY.—The Comptroller General shall conduct a study
to evaluate the effectiveness of State laws that—
(1) deem any individual with a blood alcohol concentration
of 0.08 percent or greater while operating a motor vehicle
to be driving while intoxicated; and
(2) deem any individual under the age of 21 with a blood
alcohol concentration of 0.02 percent or greater while operating
a motor vehicle to be driving while intoxicated;
in reducing the number and severity of alcohol-involved crashes.
(b) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Comptroller General shall transmit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate a report containing the results of the study conducted
under this section.
SEC. 2009. AUTHORIZATIONS OF APPROPRIATIONS.

(a) IN GENERAL.—The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) HIGHWAY SAFETY PROGRAMS.—For carrying out section
402 of title 23, United States Code, $149,700,000 for fiscal
year 1998, $150,000,000 for fiscal year 1999, $152,800,000 for
fiscal year 2000, $155,000,000 for fiscal year 2001, $160,000,000
for fiscal year 2002, and $165,000,000 for fiscal year 2003.
(2) HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.—For
carrying out section 403 of title 23, United States Code,
$72,000,000 for each of fiscal years 1998 through 2003.
(3) OCCUPANT PROTECTION INCENTIVE GRANTS.—For carrying out section 405 of title 23, United States Code, $10,000,000
for each of fiscal years 1999 and 2000, $13,000,000 for fiscal
year 2001, $15,000,000 for fiscal year 2002, and $20,000,000
for fiscal year 2003.
(4) ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES INCENTIVE GRANT PROGRAM.—For carrying out section 410 of title
23, United States Code, $34,500,000 for fiscal year 1998,
$35,000,000 for fiscal year 1999, $36,000,000 for each of fiscal
years 2000 and 2001, $38,000,000 for fiscal year 2002, and
$40,000,000 for fiscal year 2003.
(5) STATE HIGHWAY SAFETY DATA GRANTS.—For carrying
out section 411 of title 23, United States Code, $5,000,000
for fiscal year 1999, $8,000,000 for fiscal year 2000, $9,000,000
for fiscal year 2001, and $10,000,000 for fiscal year 2002.

23 USC 410 note.

112 STAT. 338

PUBLIC LAW 105–178—JUNE 9, 1998

(6) NATIONAL DRIVER REGISTER.—For carrying out chapter
303 of title 49, United States Code, by the National Highway
Traffic Safety Administration, $2,000,000 for each of fiscal years
1998 through 2003.
(b) ALLOCATIONS.—
(1) DRUGS AND DRIVER BEHAVIOR.—Out of amounts appropriated pursuant to subsection (a)(2) for fiscal years 1998
through 2003, the Secretary may use—
(A) not to exceed $2,000,000 per fiscal year to carry
out paragraphs (1) through (3) of section 403(b) of title
23, United States Code; and
(B) not to exceed $1,000,000 per fiscal year to carry
out paragraph (4) of such section.
(2) PUBLIC EDUCATION EFFORT.—Out of amounts appropriated pursuant to subsection (a)(2) for fiscal years 1998
through 2003, the Secretary shall obligate at least $500,000
per fiscal year to educate the motoring public on how to share
the road safely with commercial motor vehicles.
(c) APPLICABILITY OF TITLE 23.—Amounts made available under
subsection (a)(2) for each of fiscal years 1999 through 2003 shall
be available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States Code.
(d) TRANSFERS.—In each fiscal year, the Secretary may transfer
any amounts remaining available under paragraph (3), (4), or (5)
of subsection (a) to the amounts made available under any other
of such paragraphs in order to ensure, to the maximum extent
possible, that each State receives the maximum incentive funding
for which the State is eligible under sections 405, 410, and 411
of title 23, United States Code.
Federal Transit
Act of 1998.
Grants.
Intergovernmental
relations.
Loans.
49 USC 5101
note.

TITLE III—FEDERAL TRANSIT
ADMINISTRATION PROGRAMS
SEC. 3001. SHORT TITLE.

This title may be cited as the ‘‘Federal Transit Act of 1998’’.
SEC. 3002. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

Except as otherwise specifically provided, whenever in this
title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of law, the
reference shall be considered to be made to a section or other
provision of title 49, United States Code.
SEC. 3003. DEFINITIONS.

Section 5302 is amended to read as follows:
‘‘§ 5302. Definitions
‘‘(a) IN GENERAL.—In this chapter, the following definitions
apply:
‘‘(1) CAPITAL PROJECT.—The term ‘capital project’ means
a project for—
‘‘(A) acquiring, constructing, supervising, or inspecting
equipment or a facility for use in mass transportation,
expenses incidental to the acquisition or construction
(including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capital

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 339

portions of rail trackage rights agreements, transit-related
intelligent transportation systems, relocation assistance,
acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing;
‘‘(B) rehabilitating a bus;
‘‘(C) remanufacturing a bus;
‘‘(D) overhauling rail rolling stock;
‘‘(E) preventive maintenance;
‘‘(F) leasing equipment or a facility for use in mass
transportation, subject to regulations that the Secretary
prescribes limiting the leasing arrangements to those that
are more cost-effective than purchase or construction;
‘‘(G) a mass transportation improvement that enhances
economic development or incorporates private investment,
including commercial and residential development, pedestrian and bicycle access to a mass transportation facility,
and the renovation and improvement of historic transportation facilities, because the improvement enhances the
effectiveness of a mass transportation project and is related
physically or functionally to that mass transportation
project, or establishes new or enhanced coordination
between mass transportation and other transportation, and
provides a fair share of revenue for mass transportation
that will be used for mass transportation—
‘‘(i) including property acquisition, demolition of
existing structures, site preparation, utilities, building
foundations, walkways, open space, safety and security
equipment and facilities (including lighting, surveillance and related intelligent transportation system
applications), facilities that incorporate community
services such as daycare and health care, and a capital
project for, and improving, equipment or a facility for
an intermodal transfer facility or transportation mall,
except that a person making an agreement to occupy
space in a facility under this subparagraph shall pay
a reasonable share of the costs of the facility through
rental payments and other means; and
‘‘(ii) excluding construction of a commercial revenue-producing facility or a part of a public facility
not related to mass transportation;
‘‘(H) the introduction of new technology, through
innovative and improved products, into mass transportation; or
‘‘(I) the provision of nonfixed route paratransit
transportation services in accordance with section 223 of
the Americans with Disabilities Act of 1990 (42 U.S.C.
12143), but only for grant recipients that are in compliance
with applicable requirements of that Act, including both
fixed route and demand responsive service, and only for
amounts not to exceed 10 percent of such recipient’s annual
formula apportionment under sections 5307 and 5311.
‘‘(2) CHIEF EXECUTIVE OFFICER OF A STATE.—The term ‘chief
executive officer of a State’ includes the designee of the chief
executive officer.
‘‘(3) EMERGENCY REGULATION.—The term ‘emergency regulation’ means a regulation—

112 STAT. 340

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘(A) that is effective temporarily before the expiration
of the otherwise specified periods of time for public notice
and comment under section 5334(b); and
‘‘(B) prescribed by the Secretary as the result of a
finding that a delay in the effective date of the regulation—
‘‘(i) would injure seriously an important public
interest;
‘‘(ii) would frustrate substantially legislative policy
and intent; or
‘‘(iii) would damage seriously a person or class
without serving an important public interest.
‘‘(4) FIXED GUIDEWAY.—The term ‘fixed guideway’ means
a mass transportation facility—
‘‘(A) using and occupying a separate right-of-way or
rail for the exclusive use of mass transportation and other
high occupancy vehicles; or
‘‘(B) using a fixed catenary system and a right-of-way
usable by other forms of transportation.
‘‘(5) HANDICAPPED INDIVIDUAL.—The term ‘handicapped
individual’ means an individual who, because of illness, injury,
age, congenital malfunction, or other incapacity or temporary
or permanent disability (including an individual who is a wheelchair user or has semiambulatory capability), cannot use effectively, without special facilities, planning, or design, mass
transportation service or a mass transportation facility.
‘‘(6) LOCAL GOVERNMENTAL AUTHORITY.—The term ‘local
governmental authority’ includes—
‘‘(A) a political subdivision of a State;
‘‘(B) an authority of at least 1 State or political subdivision of a State;
‘‘(C) an Indian tribe; and
‘‘(D) a public corporation, board, or commission established under the laws of a State.
‘‘(7) MASS TRANSPORTATION.—The term ‘mass transportation’ means transportation by a conveyance that provides
regular and continuing general or special transportation to
the public, but does not include school bus, charter, or sightseeing transportation.
‘‘(8) NET PROJECT COST.—The term ‘net project cost’ means
the part of a project that reasonably cannot be financed from
revenues.
‘‘(9) NEW BUS MODEL.—The term ‘new bus model’ means
a bus model (including a model using alternative fuel)—
‘‘(A) that has not been used in mass transportation
in the United States before the date of production of the
model; or
‘‘(B) used in mass transportation in the United States,
but being produced with a major change in configuration
or components.
‘‘(10) PUBLIC TRANSPORTATION.—The term ‘public transportation’ means mass transportation.
‘‘(11) REGULATION.—The term ‘regulation’ means any part
of a statement of general or particular applicability of the
Secretary designed to carry out, interpret, or prescribe law
or policy in carrying out this chapter.
‘‘(12) SECRETARY.—The term ‘Secretary’ means the Secretary of Transportation.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 341

‘‘(13) STATE.—The term ‘State’ means a State of the United
States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the Virgin
Islands.
‘‘(14) TRANSIT.—The term ‘transit’ means mass transportation.
‘‘(15) TRANSIT ENHANCEMENT.—The term ‘transit enhancement’ means, with respect to any project or an area to be
served by a project, projects that are designed to enhance
mass transportation service or use and that are physically
or functionally related to transit facilities. Eligible projects
are—
‘‘(A) historic preservation, rehabilitation, and operation
of historic mass transportation buildings, structures, and
facilities (including historic bus and railroad facilities);
‘‘(B) bus shelters;
‘‘(C) landscaping and other scenic beautification,
including tables, benches, trash receptacles, and street
lights;
‘‘(D) public art;
‘‘(E) pedestrian access and walkways;
‘‘(F) bicycle access, including bicycle storage facilities
and installing equipment for transporting bicycles on mass
transportation vehicles;
‘‘(G) transit connections to parks within the recipient’s
transit service area;
‘‘(H) signage; and
‘‘(I) enhanced access for persons with disabilities to
mass transportation.
‘‘(16) URBAN AREA.—The term ‘urban area’ means an area
that includes a municipality or other built-up place that the
Secretary, after considering local patterns and trends of urban
growth, decides is appropriate for a local mass transportation
system to serve individuals in the locality.
‘‘(17) URBANIZED AREA.—The term ‘urbanized area’ means
an area—
‘‘(A) encompassing at least an urbanized area within
a State that the Secretary of Commerce designates; and
‘‘(B) designated as an urbanized area within boundaries
fixed by State and local officials and approved by the Secretary.
‘‘(b) AUTHORITY TO MODIFY ‘HANDICAPPED INDIVIDUAL’.—The
Secretary may by regulation modify the definition of the term
‘handicapped individual’ in subsection (a)(5) as it applies to section
5307(d)(1)(D).’’.
SEC. 3004. METROPOLITAN PLANNING.

(a) GENERAL REQUIREMENTS; SCOPE OF PLANNING PROCESS.—
Section 5303 is amended by striking subsections (a) and (b) and
inserting the following:
‘‘(a) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT OF PLANS AND PROGRAMS.—To carry out
section 5301(a), metropolitan planning organizations designated
under subsection (c), in cooperation with the States and mass
transportation operators, shall develop transportation plans and
programs for urbanized areas of the State.

112 STAT. 342

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(2) CONTENTS.—The plans and programs developed under
paragraph (1) for each metropolitan area shall provide for the
development and integrated management and operation of
transportation systems and facilities (including pedestrian
walkways and bicycle transportation facilities) that will function as an intermodal transportation system for the metropolitan area and as an integral part of an intermodal transportation
system for the State and the United States.
‘‘(3) PROCESS.—The process for developing the 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 to be addressed.
‘‘(b) SCOPE OF PLANNING PROCESS.—
‘‘(1) IN GENERAL.—The metropolitan transportation planning process for a metropolitan area under this section shall
provide for consideration of projects and strategies that will—
‘‘(A) support the economic vitality of the metropolitan
area, especially by enabling global competitiveness,
productivity, and efficiency;
‘‘(B) increase the safety and security of the transportation system for motorized and nonmotorized users;
‘‘(C) increase the accessibility and mobility options
available to people and for freight;
‘‘(D) protect and enhance the environment, promote
energy conservation, and improve quality of life;
‘‘(E) enhance the integration and connectivity of the
transportation system, across and between modes, for people and freight;
‘‘(F) promote efficient system management and operation; and
‘‘(G) emphasize the preservation of the existing
transportation system.
‘‘(2) FAILURE TO CONSIDER FACTORS.—The failure to consider any factor specified in paragraph (1) shall not be reviewable by any court under this title, subchapter II of chapter
5 of title 5, or chapter 7 of title 5 in any matter affecting
a transportation plan, a transportation improvement plan, a
project or strategy, or the certification of a planning process.’’.
(b) DESIGNATING METROPOLITAN PLANNING ORGANIZATIONS.—
Section 5303(c) is amended—
(1) in paragraph (1)(A)—
(A) by striking ‘‘representing’’ and inserting ‘‘that
together represent’’; and
(B) by striking ‘‘as defined by the Secretary of Commerce)’’ and inserting ‘‘or cities, as defined by the Bureau
of the Census)’’;
(2) in paragraph (2)—
(A) by striking ‘‘In a metropolitan area’’ and all that
follows through ‘‘shall include’’ and inserting ‘‘Each policy
board of a metropolitan planning organization that serves
an area designated as a transportation management area
when designated or redesignated under this subsection
shall consist of’’; and
(B) by striking ‘‘officials of authorities’’ and inserting
‘‘officials of public agencies’’;

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 343

(3) in paragraph (3) by striking ‘‘in an urbanized area’’
and all that follows through ‘‘of the urbanized area’’ and inserting ‘‘within an existing metropolitan planning area only if the
chief executive officer of the State and the existing metropolitan
organization determine that the size and complexity of the
existing metropolitan planning area’’; and
(4) in paragraph (5)—
(A) in subparagraph (A)—
(i) by striking ‘‘representing’’ and inserting ‘‘that
together represent’’; and
(ii) by striking ‘‘as defined by the Secretary of
Commerce)’’ and inserting ‘‘or cities, as defined by the
Bureau of the Census)’’;
(B) in subparagraph (B) by striking ‘‘as defined by
the Secretary of Commerce)’’ and inserting ‘‘or cities, as
defined by the Bureau of the Census)’’; and
(C) by adding at the end the following:
‘‘(D) Designations of metropolitan planning organizations,
whether made under this section or under any other provision
of law, shall remain in effect until redesignation under this paragraph.’’.
(c) METROPOLITAN AREA BOUNDARIES.—Section 5303(d) is
amended—
(1) in the subsection heading by inserting ‘‘PLANNING’’
before ‘‘AREA’’;
(2) in the first sentence—
(A) by striking ‘‘To carry out’’ and inserting the
following:
‘‘(1) IN GENERAL.—To carry out’’; and
(B) by inserting ‘‘planning’’ before ‘‘area’’;
(3) by striking the second sentence and all that follows
and inserting the following:
‘‘(2) INCLUDED AREA.—Each metropolitan planning area—
‘‘(A) shall encompass at least the existing urbanized
area and the contiguous area expected to become urbanized
within a 20-year forecast period; and
‘‘(B) may encompass the entire metropolitan statistical
area or consolidated metropolitan statistical area, as
defined by the Bureau of the Census.
‘‘(3) EXISTING METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—Notwithstanding paragraph (2), in the case of
an urbanized area designated as a nonattainment area for
ozone or carbon monoxide under the Clean Air Act (42 U.S.C.
7401 et seq.), the boundaries of the metropolitan planning
area in existence as of the date of enactment of this paragraph
shall be retained, except that the boundaries may be adjusted
by agreement of the chief executive officer of the State and
any affected metropolitan planning organizations, in the manner described in subsection (c)(5).
‘‘(4) NEW METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—In the case of an urbanized area designated after the
date of enactment of this paragraph as a nonattainment area
for ozone or carbon monoxide under the Clean Air Act, the
boundaries of the metropolitan planning area—
‘‘(A) shall be established in the manner described in
subsection (c)(1);

112 STAT. 344

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(B) shall encompass the areas described in paragraph
(2)(A);
‘‘(C) may encompass the areas described in paragraph
(2)(B); and
‘‘(D) may address any nonattainment area identified
under the Clean Air Act for ozone or carbon monoxide.’’;
and
(4) by aligning paragraph (1) (as designated by paragraph
(2)(A) of this subsection) with paragraphs (2) through (4) (as
inserted by paragraph (3) of this subsection).
(d) COORDINATION.—Section 5303(e) is amended—
(1) in paragraph (2)—
(A) by inserting ‘‘or compact’’ after ‘‘agreement’’ the
first place it appears’’; and
(B) by striking ‘‘making the agreement effective’’ and
inserting ‘‘making the agreements and compacts effective’’;
and
(2) by adding at the end the following:
‘‘(4) The Secretary shall encourage each metropolitan planning
organization to coordinate, to the maximum extent practicable,
the design and delivery of transportation services within the metropolitan planning area that are provided—
‘‘(A) by recipients of assistance under this chapter; and
‘‘(B) by governmental agencies and non-profit organizations
(including representatives of the agencies and organizations)
that receive Governmental assistance from a source other than
the Department of Transportation to provide non-emergency
transportation services.’’.
(e) DEVELOPING LONG-RANGE TRANSPORTATION PLANS.—Section
5303(f) is amended—
(1) in paragraph (1)—
(A) in subparagraph (A) by striking ‘‘United States
and regional transportation functions’’ and inserting
‘‘national, regional, and metropolitan transportation functions’’;
(B) in subparagraph (B) by striking clause (iii) and
inserting the following:
‘‘(iii) recommends any additional financing strategies
for needed projects and programs;’’; and
(C) by striking subparagraph (C) and inserting the
following:
‘‘(C) identify transportation strategies necessary—
‘‘(i) to ensure preservation, including requirements for
management, operation, modernization, and rehabilitation,
of the existing and future transportation system; and
‘‘(ii) to use existing transportation facilities most efficiently to relieve congestion, to efficiently serve the mobility
needs of people and goods, and to enhance access within
the metropolitan planning area; and’’;
(2) in paragraph (2) by striking ‘‘as they are related to
a 20-year forecast period’’ and inserting ‘‘and any State or
local goals developed within the cooperative metropolitan planning process as they relate to a 20-year forecast period and
to other forecast periods as determined by the participants
in the planning process’’;
(3) in paragraph (4)—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 345

(A) by inserting after ‘‘employees,’’ the following:
‘‘freight shippers, providers of freight transportation services,’’; and
(B) by inserting after ‘‘private providers of transportation,’’ the following: ‘‘representatives of users of public
transit,’’;
(4) in paragraph (5)(A) by inserting ‘‘published or otherwise’’ before ‘‘made readily available’’;
(5) in the subsection heading by striking ‘‘LONG-RANGE
PLANS’’ and inserting ‘‘LONG-RANGE TRANSPORTATION PLANS’’;
and
(6) by striking ‘‘long-range plans’’ each place it appears
and inserting ‘‘long-range transportation plans’’.
SEC. 3005. TRANSPORTATION IMPROVEMENT PROGRAM.

(a) DEVELOPMENT AND UPDATE.—The second sentence of section
5304(a) is amended—
(1) by striking ‘‘the organization’’ and inserting ‘‘the metropolitan planning organization, in cooperation with the chief
executive officer of the State and any affected mass transportation operator,’’;
(2) by inserting after ‘‘employees,’’ the following: ‘‘other
affected employee representatives, freight shippers, providers
of freight transportation services,’’; and
(3) by inserting after ‘‘private providers of transportation,’’
the following: ‘‘representatives of users of public transit,’’.
(b) CONTENTS.—Section 5304(b)(2) is amended by striking
subparagraph (C) and inserting the following:
‘‘(C) identifies innovative financing techniques to
finance projects, programs, and strategies, which may
include, for illustrative purposes, additional projects that
would be included in the approved transportation improvement program if reasonable additional resources beyond
those identified in the financial plan were available.’’.
(c) PROJECT SELECTION.—Section 5304(c) is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) Except as otherwise provided in section 5305(d)(1) and
in addition to the transportation improvement program development required under subsection (b), the selection of federally
funded projects for implementation in metropolitan areas shall
be carried out, from the approved transportation improvement
program—
‘‘(A) by—
‘‘(i) in the case of projects under title 23, the State;
and
‘‘(ii) in the case of projects under this chapter, the
designated transit funding recipients; and
‘‘(B) in cooperation with the metropolitan planning
organization.’’; and
(2) by adding at the end the following:
‘‘(3) Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a project included
in the approved transportation improvement program in place of
another project in the program.
‘‘(4) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—Notwithstanding subsection (b)(2)(C), a State or metropolitan planning
organization shall not be required to select any project from the

112 STAT. 346

PUBLIC LAW 105–178—JUNE 9, 1998

illustrative list of additional projects included in the financial plan
under subsection (b)(2)(C).
‘‘(5) PUBLICATION.—(A) A transportation improvement program
involving Government participation shall be published or otherwise
made readily available by the metropolitan planning organization
for public review.
‘‘(B) An annual listing of projects for which Government funds
have been obligated in the preceding year shall be published or
otherwise made available by the metropolitan planning organization
for public review. The listing shall be consistent with the categories
identified in the transportation improvement program.
‘‘(6) Regionally significant projects proposed for funding under
chapter 2 of title 23 shall be identified individually in the transportation improvement program. All other projects funded under chapter 2 of title 23 shall be grouped in 1 line item or identified
individually in the transportation improvement program.’’.
SEC. 3006. TRANSPORTATION MANAGEMENT AREAS.

(a) DESIGNATION.—Section 5305(a) is amended by striking paragraph (2) and inserting the following:
‘‘(2) any other area, if requested by the chief executive
officer and the metropolitan planning organization designated
for the area.’’.
(b) TRANSPORTATION PLANS AND PROGRAMS.—Section 5305(b)
is amended by inserting ‘‘affected’’ before ‘‘mass transportation
operators’’.
(c) CONGESTION MANAGEMENT SYSTEM.—Section 5305(c) is
amended by striking ‘‘The Secretary’’ and all that follows through
the final period.
(d) PROJECT SELECTION.—Section 5305(d)(1)(A) is amended by
inserting ‘‘and any affected mass transportation operator’’ after
‘‘the State’’.
(e) CERTIFICATION.—Section 5305(e) is amended—
(1) by striking paragraph (2) and inserting the following:
‘‘(2)(A) If a metropolitan planning process is not certified, the
Secretary may withhold not more than 20 percent of the apportioned
funds attributable to the transportation management area under
this chapter and title 23.
‘‘(B) Any apportionments withheld under subparagraph (A)
shall be restored to the metropolitan area at such time as the
metropolitan planning organization is certified by the Secretary.’’;
and
(2) by adding at the end the following:
‘‘(4) In making certification determinations under this subsection, the Secretary shall provide for public involvement appropriate to the metropolitan area under review.’’.
(f) CONTINUATION OF CURRENT REVIEW PRACTICE.—Section
5305 is amended by adding at the end the following:
‘‘(h) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since
plans and programs described in this section are subject to a reasonable opportunity for public comment, since individual projects
included in the plans and programs are subject to review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), and since decisions by the Secretary concerning plans
and programs described in this section have not been reviewed
under such Act as of January 1, 1997, any decision by the Secretary
concerning a plan or program described in this section shall not

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 347

be considered to be a Federal action subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).’’.
SEC. 3007. URBANIZED AREA FORMULA GRANTS.

(a) SECTION HEADING.—
(1) AMENDMENT TO SECTION 5307.—Section 5307 is amended
by striking the section heading and inserting the following:
‘‘§ 5307. Urbanized area formula grants’’.
(2) CONFORMING AMENDMENT.—The item relating to section
5307 in the table of sections for chapter 53 is amended to
read as follows:
‘‘5307. Urbanized area formula grants.’’.

(b) DEFINITIONS.—Section 5307(a) is amended—
(1) by striking ‘‘In this section—’’ and inserting ‘‘In this
section, the following definitions apply:’’;
(2) by inserting ‘‘ASSOCIATED CAPITAL MAINTENANCE
ITEMS.—The term’’ after ‘‘(1)’’; and
(3) by inserting ‘‘DESIGNATED RECIPIENT.—The term’’ after
‘‘(2)’’.
(c) GENERAL AUTHORITY.—Section 5307(b) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘, improvement, and operating costs’’
and inserting ‘‘and improvement costs’’; and
(B) by adding at the end the following: ‘‘The Secretary
may also make grants under this section to finance the
operating cost of equipment and facilities for use in mass
transportation in an urbanized area with a population of
less than 200,000.’’;
(2) in paragraph (2)(A)—
(A) by inserting ‘‘, in writing,’’ after ‘‘approved’’; and
(B) by striking ‘‘and’’ at the end;
(3) in paragraph (2)(B) by striking the period at the end
and inserting ‘‘; and’’;
(4) in paragraph (2) by adding at the end the following:
‘‘(C) the metropolitan planning organization in approving the use under subparagraph (A) determines that the
local transit needs are being addressed.’’;
(5) by striking paragraphs (3) and (5); and
(6) by redesignating paragraph (4) as paragraph (3).
(d) ADVANCE CONSTRUCTION.—Section 5307(g)(3) is amended
by striking ‘‘the amount by which’’ and all that follows through
the period at the end and inserting ‘‘the most favorable financing
terms reasonably available for the project at the time of borrowing.
The applicant shall certify, in a manner satisfactory to the Secretary, that the applicant has shown reasonable diligence in seeking
the most favorable financing terms.’’.
(e) COORDINATION OF REVIEWS.—Section 5307(i)(2) is amended
by adding at the end the following: ‘‘To the extent practicable,
the Secretary shall coordinate such reviews with any related State
or local reviews.’’.
(f) TRANSIT ENHANCEMENT ACTIVITIES.—Section 5307(k) is
amended to read as follows:
‘‘(k) TRANSIT ENHANCEMENT ACTIVITIES.—
‘‘(1) IN GENERAL.—One percent of the funds apportioned
to urbanized areas with a population of at least 200,000 under

Certification.

112 STAT. 348

PUBLIC LAW 105–178—JUNE 9, 1998

section 5336 for a fiscal year shall be made available for transit
enhancement activities in accordance with section 5302(a)(15).
‘‘(2) PERIOD OF AVAILABILITY.—Funds apportioned under
paragraph (1) shall be available for obligation for 3 years following the fiscal year in which the funds are apportioned. Funds
that are not obligated at the end of such period shall be reapportioned under the urbanized area formula program of section
5336.
‘‘(3) REPORT.—A recipient of funds apportioned under paragraph (1) shall submit, as part of the recipient’s annual certification to the Secretary, a report listing the projects carried
out during the fiscal year with those funds.’’.
(g) CONFORMING AMENDMENTS.—Section 5307(n)(2) is amended
by inserting ‘‘5319,’’ after ‘‘5318,’’.
SEC. 3008. CLEAN FUELS FORMULA GRANT PROGRAM.

(a) IN GENERAL.—Section 5308 is amended to read as follows:
‘‘§ 5308. Clean fuels formula grant program
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘clean fuel vehicle’ means a vehicle that—
‘‘(A) is powered by—
‘‘(i) compressed natural gas;
‘‘(ii) liquefied natural gas;
‘‘(iii) biodiesel fuels;
‘‘(iv) batteries;
‘‘(v) alcohol-based fuels;
‘‘(vi) hybrid electric;
‘‘(vii) fuel cell;
‘‘(viii) clean diesel, to the extent allowed under
this section; or
‘‘(ix) other low or zero emissions technology; and
‘‘(B) the Administrator of the Environmental Protection
Agency has certified sufficiently reduces harmful emissions;
‘‘(2) the term ‘designated recipient’ has the same meaning
as in section 5307(a)(2); and
‘‘(3) the term ‘eligible project’—
‘‘(A) means a project for—
‘‘(i) purchasing or leasing clean fuel buses, including buses that employ a lightweight composite primary
structure;
‘‘(ii) constructing or leasing clean fuel buses or
electrical recharging facilities and related equipment;
‘‘(iii) improving existing mass transportation facilities to accommodate clean fuel buses;
‘‘(iv) repowering pre-1993 engines with clean fuel
technology that meets the current urban bus emission
standards; or
‘‘(v) retrofitting or rebuilding pre-1993 engines if
before half life to rebuild; and
‘‘(B) in the discretion of the Secretary, may include
projects relating to clean fuel, biodiesel, hybrid electric,
or zero emissions technology vehicles that exhibit equivalent or superior emissions reductions to existing clean fuel
or hybrid electric technologies.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 349

‘‘(b) AUTHORITY.—The Secretary shall make grants in accordance with this section to designated recipients to finance eligible
projects.
‘‘(c) APPLICATION.—
‘‘(1) IN GENERAL.—Not later than January 1 of each year,
any designated recipient seeking to apply for a grant under
this section for an eligible project shall submit an application
to the Secretary, in such form and in accordance with such
requirements as the Secretary shall establish by regulation.
‘‘(2) CERTIFICATION REQUIRED.—An application submitted
under paragraph (1) shall contain a certification by the
applicant that the grantee will operate vehicles purchased with
a grant under this section only with clean fuels.
‘‘(d) APPORTIONMENT OF FUNDS.—
‘‘(1) FORMULA.—Not later than February 1 of each year,
the Secretary shall apportion amounts made available to carry
out this section to designated recipients submitting applications
under subsection (c), of which—
‘‘(A) two-thirds shall be apportioned to designated
recipients with eligible projects in urban areas with a population of at least 1,000,000, of which—
‘‘(i) 50 percent shall be apportioned, such that each
such designated recipient receives a grant in an
amount equal to the ratio between—
‘‘(I) the number of vehicles in the bus fleet
of the eligible project of the designated recipient,
weighted by severity of nonattainment for the area
in which the eligible project is located, as provided
in paragraph (2); and
‘‘(II) the total number of vehicles in the bus
fleets of all eligible projects in areas with a population of at least 1,000,000 funded under this section, weighted by severity of nonattainment for
all areas in which those eligible projects are
located, as provided in paragraph (2); and
‘‘(ii) 50 percent shall be apportioned, such that
each such designated recipient receives a grant in an
amount equal to the ratio between—
‘‘(I) the number of bus passenger miles (as
that term is defined in section 5336(c)) of the
eligible project of the designated recipient,
weighted by severity of nonattainment of the area
in which the eligible project is located, as provided
in paragraph (2); and
‘‘(II) the total number of bus passenger miles
of all eligible projects in areas with a population
of at least 1,000,000 funded under this section,
weighted by severity of nonattainment of all areas
in which those eligible projects are located, as
provided in paragraph (2); and
‘‘(B) one-third shall be apportioned to designated recipients with eligible projects in urban areas with a population
of less than 1,000,000, of which—
‘‘(i) 50 percent shall be apportioned, such that each
such designated recipient receives a grant in an
amount equal to the ratio between—

112 STAT. 350

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘(I) the number of vehicles in the bus fleet
of the eligible project of the designated recipient,
weighted by severity of nonattainment for the area
in which the eligible project is located, as provided
in paragraph (2); and
‘‘(II) the total number of vehicles in the bus
fleets of all eligible projects in areas with a population of less than 1,000,000 funded under this
section, weighted by severity of nonattainment for
all areas in which those eligible projects are
located, as provided in paragraph (2); and
‘‘(ii) 50 percent shall be apportioned, such that
each such designated recipient receives a grant in an
amount equal to the ratio between—
‘‘(I) the number of bus passenger miles (as
that term is defined in section 5336(c)) of the
eligible project of the designated recipient,
weighted by severity of nonattainment of the area
in which the eligible project is located, as provided
in paragraph (2); and
‘‘(II) the total number of bus passenger miles
of all eligible projects in areas with a population
of less than 1,000,000 funded under this section,
weighted by severity of nonattainment of all areas
in which those eligible projects are located, as
provided in paragraph (2).
‘‘(2) WEIGHTING OF SEVERITY OF NONATTAINMENT.—
‘‘(A) IN GENERAL.—For purposes of paragraph (1), subject to subparagraph (B) of this paragraph, the number
of clean fuel vehicles in the fleet, or the number of passenger miles, shall be multiplied by a factor of—
‘‘(i) 1.0 if, at the time of the apportionment, the
area is a maintenance area (as that term is defined
in section 101 of title 23) for ozone or carbon monoxide;
‘‘(ii) 1.1 if, at the time of the apportionment, the
area is classified as—
‘‘(I) a marginal ozone nonattainment area
under subpart 2 of part D of title I of the Clean
Air Act (42 U.S.C. 7511 et seq.); or
‘‘(II) a marginal carbon monoxide nonattainment area under subpart 3 of part D of title I
of the Clean Air Act (42 U.S.C. 7512 et seq.);
‘‘(iii) 1.2 if, at the time of the apportionment, the
area is classified as—
‘‘(I) a moderate ozone nonattainment area
under subpart 2 of part D of title I of the Clean
Air Act (42 U.S.C. 7511 et seq.); or
‘‘(II) a moderate carbon monoxide nonattainment area under subpart 3 of part D of title I
of the Clean Air Act (42 U.S.C. 7512 et seq.);
‘‘(iv) 1.3 if, at the time of the apportionment, the
area is classified as—
‘‘(I) a serious ozone nonattainment area under
subpart 2 of part D of title I of the Clean Air
Act (42 U.S.C. 7511 et seq.); or

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 351

‘‘(II) a serious carbon monoxide nonattainment
area under subpart 3 of part D of title I of the
Clean Air Act (42 U.S.C. 7512 et seq.);
‘‘(v) 1.4 if, at the time of the apportionment, the
area is classified as—
‘‘(I) a severe ozone nonattainment area under
subpart 2 of part D of title I of the Clean Air
Act (42 U.S.C. 7511 et seq.); or
‘‘(II) a severe carbon monoxide nonattainment
area under subpart 3 of part D of title I of the
Clean Air Act (42 U.S.C. 7512 et seq.); or
‘‘(vi) 1.5 if, at the time of the apportionment, the
area is classified as—
‘‘(I) an extreme ozone nonattainment area
under subpart 2 of part D of title I of the Clean
Air Act (42 U.S.C. 7511 et seq.); or
‘‘(II) an extreme carbon monoxide nonattainment area under subpart 3 of part D of title I
of the Clean Air Act (42 U.S.C. 7512 et seq.).
‘‘(B) ADDITIONAL ADJUSTMENT FOR CARBON MONOXIDE
AREAS.—If, in addition to being classified as a nonattainment or maintenance area (as that term is defined in
section 101 of title 23) for ozone under subpart 2 of part
D of title I of the Clean Air Act (42 U.S.C. 7511 et seq.),
the area was also classified under subpart 3 of part D
of title I of that Act (42 U.S.C. 7512 et seq.) as a nonattainment area for carbon monoxide, the weighted nonattainment or maintenance area fleet and passenger miles for
the eligible project, as calculated under subparagraph (A),
shall be further multiplied by a factor of 1.2.
‘‘(3) MAXIMUM GRANT AMOUNT.—
‘‘(A) IN GENERAL.—The amount of a grant made to
a designated recipient under this section shall not exceed
the lesser of—
‘‘(i) for an eligible project in an area—
‘‘(I) with a population of less than 1,000,000,
$15,000,000; and
‘‘(II) with a population of at least 1,000,000,
$25,000,000; or
‘‘(ii) 80 percent of the total cost of the eligible
project.
‘‘(B) REAPPORTIONMENT.—Any amounts that would
otherwise be apportioned to a designated recipient under
this subsection that exceed the amount described in
subparagraph (A) shall be reapportioned among other designated recipients in accordance with paragraph (1).
‘‘(e) ADDITIONAL REQUIREMENTS.—
‘‘(1) LIMITATION ON USES.—Not less than 5 percent of the
amount made available by or appropriated under section 5338
in each fiscal year to carry out this section shall be available
for any eligible projects for which an application is received
from a designated recipient, for—
‘‘(A) the purchase or construction of hybrid electric
or battery-powered buses; or
‘‘(B) facilities specifically designed to service those
buses.

112 STAT. 352

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(2) CLEAN DIESEL BUSES.—Not more than $50,000,000 of
the amount made available by or appropriated under section
5338 in each fiscal year to carry out this section may be
made available to fund clean diesel buses.
‘‘(3) BUS RETROFITTING AND REPLACEMENT.—Not more than
5 percent of the amount made available by or appropriated
under section 5338 in each fiscal year to carry out this section
may be made available to fund retrofitting or replacement
of the engines of buses that do not meet the clean air standards
of the Environmental Protection Agency, as in effect on the
date on which the application for such retrofitting or replacement is submitted under subsection (c)(1).
‘‘(f) AVAILABILITY OF FUNDS.—Any amount made available or
appropriated under this section—
‘‘(1) shall remain available to a project for 1 year after
the fiscal year for which the amount is made available or
appropriated; and
‘‘(2) that remains unobligated at the end of the period
described in paragraph (1), shall be added to the amount made
available in the following fiscal year.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 53 is
amended by striking the item relating to section 5308 and inserting
the following:
‘‘5308. Clean fuels formula grant program.’’.
SEC. 3009. CAPITAL INVESTMENT GRANTS AND LOANS.

(a) SECTION HEADING.—Section 5309 is amended in the section
heading by striking ‘‘Discretionary’’ and inserting ‘‘Capital
investment’’.
(b) CONFORMING AMENDMENT.—The item relating to section
5309 in the table of sections for chapter 53 is amended by striking
‘‘Discretionary’’ and inserting ‘‘Capital investment’’.
(c) GENERAL AUTHORITY.—Section 5309(a)(1) is amended—
(1) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and
(2) by striking subparagraph (E) and inserting the following:
‘‘(E) capital projects to modernize existing fixed guideway
systems;
‘‘(F) capital projects to replace, rehabilitate, and purchase
buses and related equipment and to construct bus-related facilities;’’.
(d) CONSIDERATION OF DECREASED COMMUTER RAIL TRANSPORTATION.—Section 5309(c) is amended to read as follows:
‘‘(c) [Reserved.]’’.
(e) CRITERIA FOR GRANTS AND LOANS FOR FIXED GUIDEWAY
SYSTEMS.—Section 5309(e) is amended to read as follows:
‘‘(e) CRITERIA FOR GRANTS AND LOANS FOR FIXED GUIDEWAY
SYSTEMS.—
‘‘(1) IN GENERAL.—The Secretary may approve a grant or
loan under this section for a capital project for a new fixed
guideway system or extension of an existing fixed guideway
system only if the Secretary determines that the proposed
project is—
‘‘(A) based on the results of an alternatives analysis
and preliminary engineering;

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 353

‘‘(B) justified based on a comprehensive review of its
mobility improvements, environmental benefits, cost
effectiveness, and operating efficiencies; and
‘‘(C) supported by an acceptable degree of local financial
commitment, including evidence of stable and dependable
financing sources to construct, maintain, and operate the
system or extension.
‘‘(2) ALTERNATIVES ANALYSIS AND PRELIMINARY ENGINEERING.—In evaluating a project under paragraph (1)(A), the Secretary shall analyze and consider the results of the alternatives
analysis and preliminary engineering for the project.
‘‘(3) PROJECT JUSTIFICATION.—In evaluating a project under
paragraph (1)(B), the Secretary shall—
‘‘(A) consider the direct and indirect costs of relevant
alternatives;
‘‘(B) consider factors such as congestion relief, improved
mobility, air pollution, noise pollution, energy consumption,
and all associated ancillary and mitigation costs necessary
to carry out each alternative analyzed, and recognize reductions in local infrastructure costs achieved through compact
land use development;
‘‘(C) identify and consider mass transportation supportive existing land use policies and future patterns, and
the cost of urban sprawl;
‘‘(D) consider the degree to which the project increases
the mobility of the mass transportation dependent population or promotes economic development;
‘‘(E) consider population density and current transit
ridership in the corridor;
‘‘(F) consider the technical capability of the grant
recipient to construct the project;
‘‘(G) adjust the project justification to reflect differences
in local land, construction, and operating costs; and
‘‘(H) consider other factors that the Secretary determines appropriate to carry out this chapter.
‘‘(4) LOCAL FINANCIAL COMMITMENT.—
‘‘(A) EVALUATION OF PROJECT.—In evaluating a project
under paragraph (1)(C), the Secretary shall require that—
‘‘(i) the proposed project plan provides for the availability of contingency amounts that the Secretary
determines to be reasonable to cover unanticipated
cost increases;
‘‘(ii) each proposed local source of capital and
operating financing is stable, reliable, and available
within the proposed project timetable; and
‘‘(iii) local resources are available to operate the
overall proposed mass transportation system (including
essential feeder bus and other services necessary to
achieve the projected ridership levels) without requiring a reduction in existing mass transportation services
to operate the proposed project.
‘‘(B) CONSIDERATIONS.—In assessing the stability, reliability, and availability of proposed sources of local financing under subparagraph (A), the Secretary shall consider—
‘‘(i) existing grant commitments;
‘‘(ii) the degree to which financing sources are dedicated to the purposes proposed;

112 STAT. 354

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘(iii) any debt obligation that exists or is proposed
by the recipient for the proposed project or other mass
transportation purpose; and
‘‘(iv) the extent to which the project has a local
financial commitment that exceeds the required nonFederal share of the cost of the project.
‘‘(5) REGULATIONS.—Not later than 120 days after the date
of enactment of the Federal Transit Act of 1998, the Secretary
shall issue regulations on the manner in which the Secretary
will evaluate and rate the projects based on the results of
alternatives analysis, project justification, and the degree of
local financial commitment, as required under this subsection.
‘‘(6) PROJECT EVALUATION AND RATING.—A proposed project
may advance from alternatives analysis to preliminary
engineering, and may advance from preliminary engineering
to final design and construction, only if the Secretary finds
that the project meets the requirements of this section and
there is a reasonable likelihood that the project will continue
to meet such requirements. In making such findings, the Secretary shall evaluate and rate the project as ‘highly recommended’, ‘recommended’, or not ‘recommended’, based on
the results of alternatives analysis, the project justification
criteria, and the degree of local financial commitment, as
required under this subsection. In rating the projects, the Secretary shall provide, in addition to the overall project rating,
individual ratings for each criteria established under the regulations issued under paragraph (5).
‘‘(7) FULL FUNDING GRANT AGREEMENT.—A project financed
under this subsection shall be carried out through a full funding
grant agreement. The Secretary shall enter into a full funding
grant agreement based on the evaluations and ratings required
under this subsection. The Secretary shall not enter into a
full funding grant agreement for a project unless that project
is authorized for final design and construction.
‘‘(8) LIMITATIONS ON APPLICABILITY.—
‘‘(A) PROJECTS WITH A SECTION 5309 FEDERAL SHARE
OF LESS THAN $25,000,000.—A project for a new fixed guideway system or extension of an existing fixed guideway
system is not subject to the requirements of this subsection,
and the simultaneous evaluation of similar projects in at
least 2 corridors in a metropolitan area may not be limited,
if the assistance provided under this section with respect
to the project is less than $25,000,000.
‘‘(B) PROJECTS IN NONATTAINMENT AREAS.—The
simultaneous evaluation of projects in at least 2 corridors
in a metropolitan area may not be limited and the Secretary
shall make decisions under this subsection with expedited
procedures that will promote carrying out an approved
State Implementation Plan in a timely way if a project
is—
‘‘(i) located in a nonattainment area;
‘‘(ii) a transportation control measure (as defined
by the Clean Air Act (42 U.S.C. 7401 et seq.)); and
‘‘(iii) required to carry out the State Implementation Plan.
‘‘(C) PROJECTS FINANCED WITH HIGHWAY FUNDS.—This
subsection does not apply to a part of a project financed

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 355

completely with amounts made available from the Highway
Trust Fund (other than the Mass Transit Account).
‘‘(D) PREVIOUSLY ISSUED LETTER OF INTENT OR FULL
FUNDING GRANT AGREEMENT.—This subsection does not
apply to projects for which the Secretary has issued a
letter of intent or entered into a full funding grant agreement before the date of enactment of the Federal Transit
Act of 1998.’’.
(f) LETTERS OF INTENT AND FULL FUNDING GRANT AGREEMENTS.—Section 5309(g) is amended—
(1) in the subsection heading by striking ‘‘FINANCING’’ and
inserting ‘‘FUNDING’’;
(2) by striking ‘‘full financing’’ each place it appears and
inserting ‘‘full funding’’;
(3) in paragraph (1)(B)—
(A) by striking ‘‘30 days’’ and inserting ‘‘60 days’’;
(B) by inserting before the first comma ‘‘or entering
into a full funding grant agreement’’; and
(C) by striking ‘‘issuance of the letter.’’ and inserting
‘‘letter or agreement. The Secretary shall include with the
notification a copy of the proposed letter or agreement
as well as the evaluations and ratings for the project.’’;
and
(4) in paragraph (4), by striking ‘‘50 percent’’ and all that
follows through ‘‘obligated)’’ and inserting ‘‘an amount equivalent to the total authorizations under section 5338(b) for new
fixed guideway systems and extensions to existing fixed guideway systems for fiscal years 2002 and 2003’’.
(g) ALLOCATING AMOUNTS.—Section 5309(m) is amended to read
as follows:
‘‘(m) ALLOCATING AMOUNTS.—
‘‘(1) IN GENERAL.—Of the amounts made available by or
appropriated under section 5338 for grants and loans under
this section for each of fiscal years 1998 through 2003—
‘‘(A) 40 percent shall be available for fixed guideway
modernization;
‘‘(B) 40 percent shall be available for capital projects
for new fixed guideway systems and extensions to existing
fixed guideway systems; and
‘‘(C) 20 percent shall be available to replace, rehabilitate, and purchase buses and related equipment and to
construct bus-related facilities.
‘‘(2) LIMITATION ON AMOUNTS AVAILABLE FOR ACTIVITIES
OTHER THAN FINAL DESIGN AND CONSTRUCTION.—Not more than
8 percent of the amounts made available in each fiscal year
by paragraph (1)(B) shall be available for activities other than
final design and construction.
‘‘(3) BUS AND BUS FACILITY GRANTS.—
‘‘(A) CONSIDERATION.—In making grants under paragraph (1)(C), the Secretary shall consider the age of buses,
bus fleets, related equipment, and bus-related facilities.
‘‘(B) FUNDING FOR BUS TESTING FACILITY.—Of the
amounts made available under paragraph (1)(C),
$3,000,000 shall be available in each of fiscal years 1998
through 2003 to carry out section 5318.
‘‘(4) FUNDING FOR CLEAN FUELS.—Of the amounts made
available under paragraph (1)(C), $50,000,000 shall be available

112 STAT. 356

PUBLIC LAW 105–178—JUNE 9, 1998

in each of fiscal years 1999 through 2003 to carry out section
5308.
‘‘(5) FUNDING FOR FERRY BOAT SYSTEMS.—
‘‘(A) Of the amounts made available under paragraph
(1)(B), $10,400,000 shall be available in each of fiscal years
1999 through 2003 for capital projects in Alaska or Hawaii,
for new fixed guideway systems and extensions to fixed
guideway systems that are ferry boats or ferry terminal
facilities, or that are approaches to ferry terminal facilities.
‘‘(B) Of the amounts appropriated under section
5338(h)(5), $3,600,000 shall be available in each of fiscal
years 1999 through 2003 for capital projects in Alaska
or Hawaii, for new fixed guideway systems and extensions
to fixed guideway systems that are ferry boats or ferry
terminal facilities, or that are approaches to ferry terminal
facilities.’’.
(h) CONFORMING AMENDMENTS.—
(1) REPEAL.—Section 5309(f) is amended to read as follows:
‘‘(f) [Reserved.]’’.
(2) CROSS REFERENCE.—Section 5328(a)(2) is amended by
striking ‘‘5309(e)(1)–(6) of this title’’ and inserting ‘‘5309(e)’’.
(3) REFERENCES TO FULL FUNDING GRANT AGREEMENTS.—
Chapter 53 is amended—
(A) in section 5320—
(i) by striking ‘‘full financing’’ each place it appears
and inserting ‘‘full funding’’; and
(ii) in subsection (e) in the subsection heading,
by striking ‘‘FINANCING’’ and inserting ‘‘FUNDING’’; and
(B) in section 5328(a)(4) by striking ‘‘full financing’’
each place it appears and inserting ‘‘full funding’’.
(i) REPORTS.—Section 5309 is amended by adding at the end
the following:
‘‘(o) REPORTS.—
‘‘(1) FUNDING LEVELS AND ALLOCATIONS OF FUNDS FOR FIXED
GUIDEWAY SYSTEMS.—
‘‘(A) ANNUAL REPORT.—Not later than the first Monday
in February of each year, the Secretary shall submit to
the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report
that includes a proposal on the allocation of amounts to
be made available to finance grants and loans for capital
projects for new fixed guideway systems and extensions
to existing fixed guideway systems among applicants for
those amounts.
‘‘(B) RECOMMENDATIONS ON FUNDING.—The annual
report under this paragraph shall include evaluations and
ratings, as required under subsection (e), for each project
that is authorized or has received funds under this section
since the date of enactment of the Federal Transit Act
of 1998 or October 1 of the preceding fiscal year, whichever
date is earlier. The report shall also include recommendations of projects for funding based on the evaluations and
ratings and on existing commitments and anticipated funding levels for the next 3 fiscal years and for the next
10 fiscal years based on information currently available
to the Secretary.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 357

‘‘(2) SUPPLEMENTAL REPORT ON NEW STARTS.—The Secretary shall submit a report to Congress on the 31st day of
August of each year that describes the Secretary’s evaluation
and rating of each project that has completed alternatives
analysis or preliminary engineering since the date of the last
report. The report shall include all relevant information that
supports the evaluation and rating of each project, including
a summary of each project’s financial plan.
‘‘(3) ANNUAL GAO REVIEW.—The General Accounting Office
shall—
‘‘(A) conduct an annual review of—
‘‘(i) the processes and procedures for evaluating
and rating projects and recommending projects; and
‘‘(ii) the Secretary’s implementation of such processes and procedures; and
‘‘(B) shall report to Congress on the results of such
review by April 30 of each year.’’.
(j) PROJECT DEFINED.—Section 5309 is amended by adding at
the end the following:
‘‘(p) PROJECT DEFINED.—In this section, the term ‘project’
means, with respect to a new fixed guideway system or extension
to an existing fixed guideway system, a minimum operable segment
of the project.’’.
SEC. 3010. DOLLAR VALUE OF MOBILITY IMPROVEMENTS.

(a) IN GENERAL.—The Secretary shall not consider the dollar
value of mobility improvements, as specified in the report required
under section 5309(o) (as added by this Act), in evaluating projects
under section 5309 of title 49, United States Code, in developing
regulations, or in carrying out any other duty of the Secretary.
(b) STUDY.—
(1) IN GENERAL.—The Comptroller General shall conduct
a study of the dollar value of mobility improvements and the
relationship of mobility improvements to the overall transportation justification of a new fixed guideway system or extension
to an existing system.
(2) REPORT.—Not later than January 1, 2000, the Secretary
shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate a report
on the results of the study under paragraph (1), including
an analysis of the factors relevant to determining the dollar
value of mobility improvements.
SEC. 3011. LOCAL SHARE.

(a) IN GENERAL.—Notwithstanding any other provision of law,
for fiscal years 1999 through 2003, a recipient of assistance under
section 5307 or 5309 of title 49, United States Code, may use,
as part of the local matching funds for a capital project (as defined
in section 5302(a) of title 49, United States Code), the proceeds
from the issuance of revenue bonds.
(b) MAINTENANCE OF EFFORT.—The Secretary shall approve
of the use of the proceeds from the issuance of revenue bonds
for the remainder of the net project cost (as defined in section
5302(a) of title 49, United States Code) only if the aggregate amount
of financial support for mass transportation in the urbanized area
from the State and affected local governmental authorities during
the next 3 fiscal years, as programmed in the State Transportation

49 USC 5309
note.

49 USC 5307
note.

112 STAT. 358

PUBLIC LAW 105–178—JUNE 9, 1998

Improvement Program under section 135 of title 23, United States
Code, is not less than the aggregate amount provided by the State
and affected local governmental authorities in the urbanized area
during the preceding 3 fiscal years.
(c) REPORT.—
(1) IN GENERAL.—Not later than January 1, 2003, the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate,
a report on the recipients described in subsection (a) that
have used, as part of the local matching funds for a capital
project, the proceeds from the issuance of revenue bonds, during
the period described in subsection (a).
(2) CONTENTS OF REPORT.—The report required by this
subsection shall include—
(A) information on each project undertaken, the
amount of the revenue bonds issued, and the status of
repayment of the bonds; and
(B) any recommendations of the Secretary regarding
the application of this section.
SEC. 3012. INTELLIGENT TRANSPORTATION SYSTEMS APPLICATIONS.

(a) FIXED GUIDEWAY TECHNOLOGY.—The Secretary shall make
grants for the study, design, and demonstration of fixed guideway
technology. Of the amounts made available by or appropriated
under section 5338(d) of title 49, United States Code, the Secretary
shall make funds available for the following projects in not less
than the amounts specified for the fiscal year:
(1) North Orange-South Seminole County, FL $750,000
for fiscal year 1999.
(2) Galveston, TX fixed guideway activities $750,000 for
fiscal year 1999.
(3) Washoe County, NV Transit Technology, $1,250,000
for each of fiscal years 1999 and 2000.
(b) BUS TECHNOLOGY.—The Secretary shall make grants for
the study, design, and demonstration of bus technology. Of the
amounts made available by or appropriated under section 5338(d)
of title 49, United States Code, the Secretary shall make funds
available for the following projects in not less than the amounts
specified for the fiscal year:
(1) MBTA, MA Advanced Electric Transit Buses and
Related Infrastructure, $1,500,000 for each of fiscal years 1999
and 2000.
(2) Palm Springs, CA Fuel Cell Buses, $1,000,000 for each
of fiscal years 1999 and 2000.
(3) Gloucester, MA Intermodal Technology Center,
$1,500,000 for each of fiscal years 1999 and 2000.
(c) ADVANCED PROPULSION CONTROL SYSTEM.—
(1) IN GENERAL.—Of the amounts made available by or
appropriated under section 5338(d) of title 49, United States
Code, $2,000,000 for fiscal year 1999, $3,000,000 for fiscal
year 2000, and $3,000,000 for fiscal year 2001 shall be available
to the Southeastern Pennsylvania Transit Authority (in this
subsection referred to as ‘‘SEPTA’’), to be used only for the
completion of the program to develop and deploy a new
Advanced Propulsion Control System begun under the Request
for Technical Proposals for Project S–2814–2.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 359

(2) ACTION REQUIRED BY SEPTA.—This subsection shall take
effect only if SEPTA issues a request for cost proposals to
the 4 selectees from the full and open competition under
SEPTA’s Request for Technical Proposals for Project S–2814–
2 not later than 60 days after the date of enactment of this
Act.
SEC. 3013. FORMULA GRANTS AND LOANS FOR SPECIAL NEEDS OF
ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES.

(a) SECTION HEADING.—Section 5310 is amended in the section
heading by striking ‘‘Grants’’ and inserting ‘‘Formula grants’’.
(b) CONFORMING AMENDMENT.—The item relating to section
5310 in the table of sections for chapter 53 is amended by inserting
‘‘formula’’ before ‘‘grants’’.
SEC. 3014. FORMULA PROGRAM FOR OTHER THAN URBANIZED AREAS.

(a) IN GENERAL.—Section 5311 is amended—
(1) in the section heading, by striking ‘‘Financial assistance’’ and inserting ‘‘Formula grants’’; and
(2) in subsection (f)(1) by striking ‘‘10 percent of the amount
made available in the fiscal year ending September 30, 1993,
and’’.
(b) CONFORMING AMENDMENT.—The item relating to section
5311 in the table of sections for chapter 53 is amended by striking
‘‘Financial assistance’’ and inserting ‘‘Formula grant’’.
SEC. 3015. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND TRAINING PROJECTS.

(a) IN GENERAL.—Section 5312 is amended by adding at the
end the following:
‘‘(d) JOINT PARTNERSHIP PROGRAM FOR DEPLOYMENT OF INNOVATION.—
‘‘(1) DEFINITION OF CONSORTIUM.—In this subsection, the
term ‘consortium’—
‘‘(A) means 1 or more public or private organizations
located in the United States that provide mass transportation service to the public and 1 or more businesses,
including small- and medium-sized businesses, incorporated in a State, offering goods or services or willing
to offer goods and services to mass transportation operators; and
‘‘(B) may include, as additional members, public or
private research organizations located in the United States,
or State or local governmental authorities.
‘‘(2) GENERAL AUTHORITY.—The Secretary may, under terms
and conditions that the Secretary prescribes, enter into grants,
contracts, cooperative agreements, and other agreements with
consortia selected in accordance with paragraph (4), to promote
the early deployment of innovation in mass transportation services, management, operational practices, or technology that has
broad applicability. This paragraph shall be carried out in
consultation with the transit industry by competitively selected
consortia that will share costs, risks, and rewards of early
deployment of innovation.
‘‘(3) CONSORTIUM CONTRIBUTION.—A consortium assisted
under this subsection shall provide not less than 50 percent
of the costs of any joint partnership project. Any business,

112 STAT. 360

PUBLIC LAW 105–178—JUNE 9, 1998
organization, person, or governmental body may contribute
funds to a joint partnership project.
‘‘(4) NOTICE REQUIREMENT.—The Secretary shall periodically give public notice of the technical areas for which joint
partnerships are solicited, required qualifications of consortia
desiring to participate, the method of selection and evaluation
criteria to be used in selecting participating consortia and
projects, and the process by which innovation projects described
in paragraph (1) will be awarded.
‘‘(5) USE OF REVENUES.—The Secretary shall accept, to
the maximum extent practicable, a portion of the revenues
resulting from sales of an innovation project funded under
this section. Such revenues shall be accounted for separately
within the Mass Transit Account of the Highway Trust Fund
and shall be available to the Secretary for activities under
this subsection. Annual revenues that are less than $1,000,000
shall be available for obligation without further appropriation
and shall not be subject to any obligation limitation.
‘‘(e) INTERNATIONAL MASS TRANSPORTATION PROGRAM.—
‘‘(1) ACTIVITIES.—The Secretary is authorized to engage
in activities to inform the United States domestic mass
transportation community about technological innovations
available in the international marketplace and activities that
may afford domestic businesses the opportunity to become globally competitive in the export of mass transportation products
and services. Such activities may include—
‘‘(A) development, monitoring, assessment, and
dissemination domestically of information about worldwide
mass transportation market opportunities;
‘‘(B) cooperation with foreign public sector entities in
research, development, demonstration, training, and other
forms of technology transfer and exchange of experts and
information;
‘‘(C) advocacy, in international mass transportation
markets, of firms, products, and services available from
the United States;
‘‘(D) informing the international market about the technical quality of mass transportation products and services
through participation in seminars, expositions, and similar
activities; and
‘‘(E) offering those Federal Transit Administration
technical services which cannot be readily obtained from
the United States private sector to foreign public authorities planning or undertaking mass transportation projects
if the cost of these services will be recovered under the
terms of each project.
‘‘(2) COOPERATION.—The Secretary may carry out activities
under this subsection in cooperation with other Federal agencies, State or local agencies, public and private nonprofit institutions, government laboratories, foreign governments, or any
other organization the Secretary determines is appropriate.
‘‘(3) FUNDING.—The funds available to carry out this subsection shall include revenues paid to the Secretary by any
cooperating organization or person. Such revenues shall be
accounted for separately within the Mass Transit Account of
the Highway Trust Fund and shall be available to the Secretary

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 361

to carry out activities under this subsection, including promotional materials, travel, reception, and representation
expenses necessary to carry out such activities. Annual revenues that are less than $1,000,000 shall be available for obligation without further appropriation and shall not be subject
to any obligation limitation. Not later than January 1 of each
fiscal year, the Secretary shall publish a report on the activities
under this paragraph funded from the account.’’.
(b) FUEL CELL BUS AND BUS FACILITIES PROGRAM.—Of the
funds made available for each fiscal year to carry out section
5309(m)(1)(C) of title 49, United States Code, $4,850,000 shall be
available to carry out the fuel cell powered transit bus program
and the intermodal transportation fuel cell bus maintenance facility.
(c) ADVANCED TECHNOLOGY PILOT PROJECT.—
(1) IN GENERAL.—The Secretary shall make grants for the
development of low speed magnetic levitation technology for
public transportation purposes in urban areas to demonstrate
energy efficiency, congestion mitigation, and safety benefits.
(2) FUNDING.—Of the amounts made available under section 5001(a)(2) of this Act for each of fiscal years 1998 through
2003, $5,000,000 per fiscal year shall be available to carry
out this subsection.
(3) FEDERAL SHARE.—The Federal share payable on account
of activities carried out using a grant made under this subsection shall be 80 percent of the cost of such activities.
SEC. 3016. NATIONAL PLANNING AND RESEARCH PROGRAMS.

Section 5314(a)(2) is amended by striking ‘‘$2,000,000’’ and
inserting ‘‘$3,000,000’’.
SEC. 3017. NATIONAL TRANSIT INSTITUTE.

(a) IN GENERAL.—Section 5315(a) is amended—
(1) in paragraph (5) by inserting ‘‘and architectural design’’
before the semicolon at the end;
(2) in paragraph (7) by striking ‘‘carrying out’’ and inserting
‘‘delivering’’;
(3) in paragraph (11) by inserting ‘‘, construction management, insurance, and risk management’’ before the semicolon
at the end;
(4) in paragraph (13) by striking ‘‘and’’ at the end;
(5) in paragraph (14) by striking the period at the end
and inserting a semicolon; and
(6) by adding at the end the following:
‘‘(15) innovative finance; and
‘‘(16) workplace safety.’’.
(b) CONFORMING AMENDMENT.—The item relating to section
5315 in the table of sections for chapter 53 is amended by striking
‘‘mass transportation’’ and inserting ‘‘transit’’.
SEC. 3018. BUS TESTING FACILITIES.

(a) OPERATION AND MAINTENANCE.—Section 5318(b) is
amended—
(1) by striking ‘‘make a contract with’’ and inserting ‘‘enter
into a contract or cooperative agreement with, or make a grant
to,’’;
(2) by inserting ‘‘or organization’’ after ‘‘person’’;
(3) by inserting ‘‘, cooperative agreement, or grant’’ after
‘‘The contract’’; and

49 USC 322 note.

112 STAT. 362

PUBLIC LAW 105–178—JUNE 9, 1998

(4) by inserting ‘‘mass transportation’’ after ‘‘and other’’.
(b) AVAILABILITY OF AMOUNTS.—Section 5318(d) is amended
by striking ‘‘make a contract with’’ and inserting ‘‘enter into a
contract or cooperative agreement with, or make a grant to,’’.
SEC. 3019. BICYCLE FACILITIES.

Section 5319 is amended by striking ‘‘under this section is
for 90 percent of the cost of the project’’ and inserting ‘‘made
eligible by this section is for 90 percent of the cost of the project,
except that, if the grant or any portion of the grant is made
with funds required to be expended under section 5307(k) and
the project involves providing bicycle access to mass transportation,
that grant or portion of that grant shall be at a Federal share
of 95 percent’’.
SEC. 3020. GENERAL PROVISIONS ON ASSISTANCE.

(a) TECHNICAL AMENDMENT.—Section 5323(d) is amended by
striking
‘‘BUYING AND OPERATING BUSES.—’’ and inserting
‘‘CONDITION ON CHARTER BUS TRANSPORTATION SERVICE.—’’.
(b) BUY AMERICA.—Section 5323(j)(7) is amended to read as
follows:
‘‘(7) OPPORTUNITY TO CORRECT INADVERTENT ERROR.—The
Secretary may allow a manufacturer or supplier of steel, iron,
or manufactured goods to correct after bid opening any certification of noncompliance or failure to properly complete the
certification (but not including failure to sign the certification)
under this subsection if such manufacturer or supplier attests
under penalty of perjury that such manufacturer or supplier
submitted an incorrect certification as a result of an inadvertent
or clerical error. The burden of establishing inadvertent or
clerical error is on the manufacturer or supplier.’’.
(c) GOVERNMENT’S SHARE.—Section 5323(i) is amended to read
as follows:
‘‘(i) GOVERNMENT SHARE OF COSTS FOR CERTAIN PROJECTS.—
A grant for a project to be assisted under this chapter that involves
acquiring vehicle-related equipment required by the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) or vehicle-related
equipment (including clean fuel or alternative fuel vehicle-related
equipment) for purposes of complying with or maintaining compliance with the Clean Air Act, is for 90 percent of the net project
cost of such equipment attributable to compliance with those Acts.
The Secretary shall have discretion to determine, through practicable administrative procedures, the costs of such equipment
attributable to compliance with those Acts.’’.
(d) HHS AND PUBLIC TRANSIT SERVICE.—Section 5323 is
amended—
(1) by redesignating subsections (k) and (l) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (j) the following:
‘‘(k) PARTICIPATION OF GOVERNMENTAL AGENCIES IN DESIGN
AND DELIVERY OF TRANSPORTATION SERVICES.—To the extent feasible, governmental agencies and nonprofit organizations that
receive assistance from Government sources (other than the Department of Transportation) for nonemergency transportation services—
‘‘(1) shall participate and coordinate with recipients of
assistance under this chapter in the design and delivery of
transportation services; and
‘‘(2) shall be included in the planning for those services.’’.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 363

(e) SUBMISSION OF CERTIFICATIONS.—Section 5323 is amended
by adding at the end the following:
‘‘(n) SUBMISSION OF CERTIFICATIONS.—A certification required
under this chapter and any additional certification or assurance
required by law or regulation to be submitted to the Secretary
may be consolidated into a single document to be submitted
annually as part of a grant application under this chapter. The
Secretary shall publish annually a list of all certifications required
under this chapter with the publication required under section
5336(e)(2).’’.
(f) GRANT REQUIREMENTS.—Section 5323 is amended by adding
at the end the following:
‘‘(o) GRANT REQUIREMENTS.—The grant requirements under sections 5307 and 5309 apply to any project under this chapter that
receives any assistance or other financing under the Transportation
Infrastructure Finance and Innovation Act of 1998.’’.
SEC. 3021. PILOT PROGRAM FOR INTERCITY RAIL INFRASTRUCTURE
INVESTMENT FROM MASS TRANSIT ACCOUNT OF HIGHWAY TRUST FUND.

(a) IN GENERAL.—The Secretary shall establish a pilot program
to determine the benefits of using funds from the Mass Transit
Account of the Highway Trust Fund for intercity passenger rail.
Any assistance provided to the State of Oklahoma under sections
5307 and 5311 of title 49, United States Code, during fiscal years
1998 through 2003 may be used for capital improvements to, and
operating assistance for, intercity passenger rail service.
(b) REPORT.—
(1) IN GENERAL.—Not later than October 1, 2002, the Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate
a report on the pilot program established under this section.
(2) CONTENTS.—The report submitted under paragraph (1)
shall include—
(A) an evaluation of the effect of the pilot program
on alternative forms of transportation within the State
of Oklahoma;
(B) an evaluation of the effect of the program on operators of mass transportation and their passengers;
(C) a calculation of the amount of Federal assistance
provided under this section transferred for the provision
of intercity passenger rail service; and
(D) an estimate of the benefits to intercity passenger
rail service, including the number of passengers served,
the number of route miles covered, and the number of
localities served by intercity passenger rail service.
SEC. 3022. CONTRACT REQUIREMENTS.

(a) EFFICIENT PROCUREMENT.—Section 5325 is amended—
(1) by striking subsections (b) and (c);
(2) by redesignating subsection (d) as subsection (b); and
(3) by adding at the end the following:
‘‘(c) EFFICIENT PROCUREMENT.—A recipient may award a
procurement contract under this chapter to other than the lowest
bidder when the award furthers an objective consistent with the
purposes of this chapter, including improved long-term operating
efficiency and lower long-term costs.’’.

Publication.

49 USC 5307
note.

112 STAT. 364

PUBLIC LAW 105–178—JUNE 9, 1998

SEC. 3023. SPECIAL PROCUREMENTS.

(a) TURNKEY SYSTEM PROJECTS.—Section 5326(a) is amended—
(1) by striking paragraph (1) and inserting the following:
‘‘(1) TURNKEY SYSTEM PROJECT DEFINED.—In this subsection, the term ‘turnkey system project’ means a project under
which a recipient enters into a contract with a seller, firm,
or consortium of firms to design and build a mass transportation
system or an operable segment thereof that meets specific
performance criteria. Such project may also include an option
to finance, or operate for a period of time, the system or
segment or any combination of designing, building, operating,
or maintaining such system or segment.’’;
(2) in paragraph (2)—
(A) by inserting ‘‘SELECTION OF TURNKEY PROJECTS.—’’ after ‘‘(2)’’; and
(B) by inserting ‘‘or an operable segment of a mass
transportation system’’ after ‘‘transportation system’’;
(3) in paragraph (3) by inserting ‘‘DEMONSTRATIONS.—’’
after ‘‘(3)’’; and
(4) by aligning paragraphs (2) and (3) with paragraph
(1) of such section, as amended by paragraph (1) of this section.
(b) TECHNICAL AMENDMENT.—Section 5326 is amended by striking subsection (c) and inserting the following:
‘‘(c) ACQUIRING ROLLING STOCK.—A recipient of financial assistance under this chapter may enter into a contract to expend that
assistance to acquire rolling stock—
‘‘(1) based on—
‘‘(A) initial capital costs; or
‘‘(B) performance, standardization, life cycle costs, and
other factors; or
‘‘(2) with a party selected through a competitive procurement process.
‘‘(d) PROCURING ASSOCIATED CAPITAL MAINTENANCE ITEMS.—
A recipient of assistance under section 5307 procuring an associated
capital maintenance item under section 5307(b) may enter into
a contract directly with the original manufacturer or supplier of
the item to be replaced, without receiving prior approval of the
Secretary, if the recipient first certifies in writing to the Secretary
that—
‘‘(1) the manufacturer or supplier is the only source for
the item; and
‘‘(2) the price of the item is no more than the price that
similar customers pay for the item.’’.
(c) CONFORMING AMENDMENT.—Section 5334(b)(4) is amended
by striking ‘‘5323(a)(2), (c) and (e), 5324(c), and 5325 of this title’’
and inserting ‘‘5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a), 5325(b),
5326(c), and 5326(d)’’.
SEC. 3024. PROJECT MANAGEMENT OVERSIGHT AND REVIEW.

(a) LIMITATION ON USE OF AVAILABLE AMOUNTS.—Section
5327(c)(2) is amended—
(1) by striking ‘‘make contracts’’ and inserting ‘‘enter into
contracts’’; and
(2) by inserting before the period at the end of the first
sentence the following: ‘‘and to provide technical assistance
to correct deficiencies identified in compliance reviews and
audits carried out under this section’’.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 365

(b) FINANCIAL PLAN.—Section 5327 is amended by adding at
the end the following:
‘‘(f) FINANCIAL PLAN.—A recipient of financial assistance for
a project under this chapter with an estimated total cost of
$1,000,000,000 or more shall submit to the Secretary an annual
financial plan for the project. The plan shall be based on detailed
annual estimates of the cost to complete the remaining elements
of the project and on reasonable assumptions, as determined by
the Secretary, of future increases in the cost to complete the
project.’’.
SEC. 3025. ADMINISTRATIVE PROCEDURES.

(a) TRAINING AND CONFERENCE COSTS.—Section 5334(a) is
amended—
(1) in paragraph (8) by striking ‘‘and’’ at the end;
(2) in paragraph (9) by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(10) collect fees to cover the costs of training or conferences, including costs of promotional materials, sponsored
by the Federal Transit Administration to promote mass
transportation and credit amounts collected to the appropriation concerned.’’.
(b) TECHNICAL AMENDMENTS.—
(1) SECTION HEADING.—The heading for section 5334 is
amended by inserting ‘‘provisions’’ after ‘‘Administrative’’.
(2) TABLE OF SECTIONS.—The item relating to section 5334
in the table of sections for chapter 53 is amended by inserting
‘‘provisions’’ after ‘‘Administrative’’.
(c) PROCEEDS FROM SALE OF TRANSIT ASSETS.—Section 5334(g)
is amended by adding at the end the following:
‘‘(4) PROCEEDS FROM THE SALE OF TRANSIT ASSETS.—
‘‘(A) IN GENERAL.—When real property, equipment, or
supplies acquired with assistance under this chapter are
no longer needed for mass transportation purposes as determined under the applicable assistance agreement, the Secretary may authorize the sale, transfer, or lease of the
assets under conditions determined by the Secretary and
subject to the requirements of this subsection.
‘‘(B) USE.—The net income from asset sales, uses, or
leases (including lease renewals) under this subsection
shall be used by the recipient to reduce the gross project
cost of other capital projects carried out under this chapter.
‘‘(C) RELATIONSHIP TO OTHER AUTHORITY.—The authority of the Secretary under this subsection is in addition
to existing authorities controlling allocation or use of recipient income otherwise permissible in law or regulation in
effect prior to the date of enactment of this paragraph.’’.
SEC. 3026. REPORTS AND AUDITS.

(a) NATIONAL TRANSIT DATABASE.—Section 5335(a) is
amended—
(1) by striking ‘‘REPORTING SYSTEM AND UNIFORM SYSTEM
OF ACCOUNTS AND RECORDS’’ and inserting ‘‘NATIONAL TRANSIT
DATABASE’’; and
(2) in paragraph (1)—
(A) by striking ‘‘by uniform categories,’’ and inserting
‘‘using uniform categories’’; and

112 STAT. 366

PUBLIC LAW 105–178—JUNE 9, 1998
(B) by striking ‘‘and a uniform system of accounts
and records’’ and inserting ‘‘and using a uniform system
of accounts’’.
(b) REPORTS.—Section 5335 is amended—
(1) by striking subsections (b) and (c); and
(2) by redesignating subsection (d) as subsection (b).

SEC. 3027. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA
GRANTS.

49 USC 5307
note.

(a) IN GENERAL.—Section 5336 is amended in the section
heading by striking ‘‘block grants’’ and inserting ‘‘formula
grants’’.
(b) REPEAL.—Section 5336(d) is amended to read as follows:
‘‘(d) [Reserved.]’’.
(c) CONTINUATION OF OPERATING ASSISTANCE TO CERTAIN
LARGER URBANIZED AREAS.—
(1) PROVISION OF ASSISTANCE.—Notwithstanding any other
provision of law, during the period described in paragraph
(2), the Secretary may continue to provide assistance under
section 5307 of title 49, United States Code, to finance the
operating costs of equipment and facilities for use in mass
transportation in any urbanized area (as that term is defined
in section 5302 of title 49, United States Code) with a population of at least 200,000, if the Secretary determines that—
(A) the number of the total bus revenue vehicle-miles
operated in or directly serving the area is less than 600,000;
and
(B) the number of buses operated in or directly serving
the area does not exceed 15.
(2) PERIOD DESCRIBED.—For purposes of paragraph (1), the
period described in this paragraph is the period beginning
on the date of enactment of this Act and ending on the earlier
of—
(A) 3 years after the date of enactment of this Act;
and
(B) the date on which the Secretary determines that—
(i) the number of the total bus revenue vehiclemiles operated in or directly serving the area is greater
than or equal to 600,000; and
(ii) the number of buses operated in or directly
serving the area exceeds 15.
SEC. 3028. APPORTIONMENT OF APPROPRIATIONS FOR FIXED GUIDEWAY MODERNIZATION.

(a) DISTRIBUTION.—Section 5337(a) is amended to read as
follows:
‘‘(a) DISTRIBUTION.—The Secretary shall apportion amounts
made available for fixed guideway modernization under section
5309 for each of fiscal years 1998 through 2003 as follows:
‘‘(1) The first $497,700,000 shall be apportioned in the
following urbanized areas as follows:
‘‘(A) Baltimore, $8,372,000.
‘‘(B) Boston, $38,948,000.
‘‘(C) Chicago/Northwestern Indiana, $78,169,000.
‘‘(D) Cleveland, $9,509,500.
‘‘(E) New Orleans, $1,730,588.
‘‘(F) New York, $176,034,461.
‘‘(G) Northeastern New Jersey, $50,604,653.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 367

‘‘(H) Philadelphia/Southern New Jersey, $58,924,764.
‘‘(I) Pittsburgh, $13,662,463.
‘‘(J) San Francisco, $33,989,571.
‘‘(K) Southwestern Connecticut, $27,755,000.
‘‘(2) The next $70,000,000 shall be apportioned as follows:
‘‘(A) 50 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A).
‘‘(B) 50 percent in other urbanized areas eligible for
assistance under section 5336(b)(2)(A) to which amounts
were apportioned under this section for fiscal year 1997,
as provided in section 5336(b)(2)(A) and subsection (e) of
this section.
‘‘(3) The next $5,700,000 shall be apportioned in the
following urbanized areas as follows:
‘‘(A) Pittsburgh, 61.76 percent.
‘‘(B) Cleveland, 10.73 percent.
‘‘(C) New Orleans, 5.79 percent.
‘‘(D) 21.72 percent in urbanized areas to which paragraph (2)(B)(ii) applies, as provided in section 5336(b)(2)(A)
and subsection (e) of this section.
‘‘(4) The next $186,600,000 shall be apportioned in each
urbanized area to which paragraph (1) applies and in each
urbanized area to which paragraph (2)(B) applies, as provided
in section 5336(b)(2)(A) and subsection (e) of this section.
‘‘(5) The next $70,000,000 shall be apportioned as follows:
‘‘(A) 65 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection (e) of this section.
‘‘(B) 35 percent to other urbanized areas eligible for
assistance under section 5336(b)(2)(A) if the areas contain
fixed guideway systems placed in revenue service at least
7 years before the fiscal year in which amounts are made
available and in any urbanized area if, before the first
day of the fiscal year, the area satisfies the Secretary
that the area has modernization needs that cannot adequately be met with amounts received under section
5336(b)(2)(A), as provided in section 5336(b)(2)(A) and subsection (e) of this section.
‘‘(6) The next $50,000,000 shall be apportioned as follows:
‘‘(A) 60 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection (e) of this section.
‘‘(B) 40 percent to urbanized areas to which paragraph
(5)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e) of this section.
‘‘(7) Remaining amounts shall be apportioned as follows:
‘‘(A) 50 percent in the urbanized areas listed in paragraph (1), as provided in section 5336(b)(2)(A) and subsection (e) of this section.
‘‘(B) 50 percent to urbanized areas to which paragraph
(5)(B) applies, as provided in section 5336(b)(2)(A) and subsection (e) of this section.’’.
(b) ROUTE SEGMENTS TO BE INCLUDED IN APPORTIONMENT FORMULAS.—Section 5337 is amended by adding at the end the following:
‘‘(e) ROUTE SEGMENTS TO BE INCLUDED IN APPORTIONMENT
FORMULAS.—

112 STAT. 368

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘(1) 1997 STANDARD.—Amounts apportioned under paragraphs (2)(B), (3), and (4) of subsection (a) shall have attributable to each urbanized area only the number of fixed guideway revenue miles of service and number of fixed guideway
route miles for segments of fixed guideway systems used to
determine apportionments for fiscal year 1997.
‘‘(2) OTHER STANDARDS.—Amounts apportioned under paragraphs (5) through (7) of subsection (a) shall have attributable
to each urbanized area only the number of fixed guideway
revenue miles of service and number of fixed guideway routemiles for segments of fixed guideway systems placed in revenue
service at least 7 years before the fiscal year in which amounts
are made available.’’.

SEC. 3029. AUTHORIZATIONS.

(a) IN GENERAL.—Section 5338 is amended to read as follows:
‘‘§ 5338. Authorizations
‘‘(a) FORMULA GRANTS.—
‘‘(1) FISCAL YEAR 1998.—
‘‘(A) FROM THE TRUST FUND.—There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5307, 5310, and 5311, $2,260,000,000
for fiscal year 1998.
‘‘(B) FROM THE GENERAL FUND.—In addition to amounts
made available under subparagraph (A), there are authorized to be appropriated to carry out sections 5307, 5310,
and 5311, $240,000,000 for fiscal year 1998.
‘‘(C) ALLOCATION OF FUNDS.—Of the aggregate of
amounts made available by and appropriated under this
paragraph for a fiscal year—
‘‘(i) $4,849,950 shall be available to the Alaska
Railroad for improvements to its passenger operations
under section 5307;
‘‘(ii) $62,219,389 shall be available to provide
transportation services to elderly individuals and
individuals with disabilities under section 5310;
‘‘(iii) $134,077,934 shall be available to provide
financial assistance for other than urbanized areas
under section 5311; and
‘‘(iv) $2,298,852,727 shall be available to provide
financial assistance for urbanized areas under section
5307.
‘‘(2) FISCAL YEARS 1999 THROUGH 2003.—
‘‘(A) FROM THE TRUST FUND.—There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5307, 5308, 5310, and 5311—
‘‘(i) $2,280,000,000 for fiscal year 1999;
‘‘(ii) $2,478,400,000 for fiscal year 2000;
‘‘(iii) $2,676,000,000 for fiscal year 2001;
‘‘(iv) $2,873,600,000 for fiscal year 2002; and
‘‘(v) $3,071,200,000 for fiscal year 2003.
‘‘(B) FROM THE GENERAL FUND.—In addition to amounts
made available under subparagraph (A), there are authorized to be appropriated to carry out sections 5307, 5308,
5310, and 5311—
‘‘(i) $570,000,000 for fiscal year 1999;

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 369

‘‘(ii) $619,600,000 for fiscal year 2000;
‘‘(iii) $669,000,000 for fiscal year 2001;
‘‘(iv) $718,400,000 for fiscal year 2002; and
‘‘(v) $767,800,000 for fiscal year 2003.
‘‘(C) ALLOCATION OF FUNDS.—Of the aggregate of
amounts made available by and appropriated under this
paragraph for a fiscal year—
‘‘(i) $4,849,950 shall be available to the Alaska
Railroad for improvements to its passenger operations
under section 5307;
‘‘(ii) $50,000,000 shall be available to carry out
section 5308; and
‘‘(iii) of the remaining amount—
‘‘(I) 2.4 percent shall be available to provide
transportation services to elderly individuals and
individuals with disabilities under section 5310;
‘‘(II) 6.37 percent shall be available to provide
financial assistance for other than urbanized areas
under section 5311; and
‘‘(III) 91.23 percent shall be available to provide financial assistance for urbanized areas under
section 5307.
‘‘(b) CAPITAL PROGRAM GRANTS AND LOANS.—
‘‘(1) FISCAL YEAR 1998.—There shall be available from the
Mass Transit Account of the Highway Trust Fund to carry
out section 5309, $2,000,000,000 for fiscal year 1998.
‘‘(2) FISCAL YEARS 1999 THROUGH 2003.—
‘‘(A) FROM THE TRUST FUND.—There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out section 5309—
‘‘(i) $1,805,600,000 for fiscal year 1999;
‘‘(ii) $1,960,800,000 for fiscal year 2000;
‘‘(iii) $2,116,800,000 for fiscal year 2001;
‘‘(iv) $2,272,800,000 for fiscal year 2002; and
‘‘(v) $2,428,800,000 for fiscal year 2003.
‘‘(B) FROM THE GENERAL FUND.—In addition to amounts
made available under subparagraph (A), there are authorized to be appropriated to carry out section 5309—
‘‘(i) $451,400,000 for fiscal year 1999;
‘‘(ii) $490,200,000 for fiscal year 2000;
‘‘(iii) $529,200,000 for fiscal year 2001;
‘‘(iv) $568,200,000 for fiscal year 2002; and
‘‘(v) $607,200,000 for fiscal year 2003.
‘‘(c) PLANNING.—
‘‘(1) FISCAL YEAR 1998.—There are authorized to be appropriated to carry out sections 5303, 5304, 5305, and 5313(b),
$47,750,000 for fiscal year 1998.
‘‘(2) FISCAL YEARS 1999 THROUGH 2003.—
‘‘(A) FROM THE TRUST FUND.—There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5303, 5304, 5305, and 5313(b)—
‘‘(i) $43,200,000 for fiscal year 1999;
‘‘(ii) $46,400,000 for fiscal year 2000;
‘‘(iii) $51,200,000 for fiscal year 2001;
‘‘(iv) $52,800,000 for fiscal year 2002; and
‘‘(v) $57,600,000 for fiscal year 2003.

112 STAT. 370

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘(B) FROM THE GENERAL FUND.—In addition to amounts
made available under subparagraph (A), there are authorized to be appropriated to carry out sections 5303, 5304,
5305, and 5313(b)—
‘‘(i) $10,800,000 for fiscal year 1999;
‘‘(ii) $11,600,000 for fiscal year 2000;
‘‘(iii) $12,800,000 for fiscal year 2001;
‘‘(iv) $13,200,000 for fiscal year 2002; and
‘‘(v) $14,400,000 for fiscal year 2003.
‘‘(C) ALLOCATION OF FUNDS.—Of the funds made available by or appropriated under this paragraph for a fiscal
year—
‘‘(i) 82.72 percent shall be available for metropolitan planning under sections 5303, 5304, and 5305;
and
‘‘(ii) 17.28 percent shall be available for State planning under section 5313(b).
‘‘(d) RESEARCH.—
‘‘(1) FISCAL YEAR 1998.—There are authorized to be appropriated to carry out sections 5311(b)(2), 5312, 5313(a), 5314,
5315, and 5322, $44,250,000 for fiscal year 1998.
‘‘(2) FISCAL YEARS 1999 THROUGH 2003.—
‘‘(A) FROM THE TRUST FUND.—There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out sections 5311(b)(2), 5312, 5313(a), 5314, 5315,
and 5322—
‘‘(i) $36,000,000 for fiscal year 1999;
‘‘(ii) $37,600,000 for fiscal year 2000;
‘‘(iii) $37,600,000 for fiscal year 2001;
‘‘(iv) $39,200,000 for fiscal year 2002; and
‘‘(v) $39,200,000 for fiscal year 2003.
‘‘(B) FROM THE GENERAL FUND.—In addition to amounts
made available under subparagraph (A), there are authorized to be appropriated to carry out sections 5311(b)(2),
5312, 5313(a), 5314, 5315, and 5322—
‘‘(i) $9,000,000 for fiscal year 1999;
‘‘(ii) $9,400,000 for fiscal year 2000;
‘‘(iii) $9,400,000 for fiscal year 2001;
‘‘(iv) $9,800,000 for fiscal year 2002; and
‘‘(v) $9,800,000 for fiscal year 2003.
‘‘(C) ALLOCATION OF FUNDS.—Of the funds made available by or appropriated under this paragraph for a fiscal
year—
‘‘(i) not less than $5,250,000 shall be available
for providing rural transportation assistance under section 5311(b)(2);
‘‘(ii) not less than $8,250,000 shall be available
for carrying out transit cooperative research programs
under section 5313(a);
‘‘(iii) not less than $4,000,000 shall be available
to carry out programs under the National Transit
Institute under section 5315; and
‘‘(iv) the remainder shall be available for carrying
out national planning and research programs under
sections 5311(b)(2), 5312, 5313(a), 5314, and 5322.
‘‘(e) UNIVERSITY TRANSPORTATION RESEARCH.—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 371

‘‘(1) FISCAL YEAR 1998.—There are authorized to be appropriated to carry out section 5317(b) $6,000,000 for fiscal year
1998.
‘‘(2) FISCAL YEARS 1999 THROUGH 2003.—
‘‘(A) FROM THE TRUST FUND.—There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out section 5317(b), $4,800,000 for each of fiscal
years 1999 through 2003.
‘‘(B) FROM THE GENERAL FUND.—In addition to amounts
made available under subparagraph (A), there are authorized to be appropriated to carry out section 5317(b),
$1,200,000 for each of fiscal years 1999 through 2003.
‘‘(f) ADMINISTRATION.—
‘‘(1) FISCAL YEAR 1998.—There are authorized to be appropriated to carry out section 5334, $45,738,000 for fiscal year
1998.
‘‘(2) FISCAL YEARS 1999 THROUGH 2003.—
‘‘(A) FROM THE TRUST FUND.—There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out section 5334—
‘‘(i) $43,200,000 for fiscal year 1999;
‘‘(ii) $48,000,000 for fiscal year 2000;
‘‘(iii) $51,200,000 for fiscal year 2001;
‘‘(iv) $53,600,000 for fiscal year 2002; and
‘‘(v) $58,400,000 for fiscal year 2003.
‘‘(B) FROM THE GENERAL FUND.—In addition to amounts
made available under subparagraph (A), there are authorized to be appropriated to carry out section 5334—
‘‘(i) $10,800,000 for fiscal year 1999;
‘‘(ii) $12,000,000 for fiscal year 2000;
‘‘(iii) $12,800,000 for fiscal year 2001;
‘‘(iv) $13,400,000 for fiscal year 2002; and
‘‘(v) $14,600,000 for fiscal year 2003.
‘‘(g) GRANTS AS CONTRACTUAL OBLIGATIONS.—
‘‘(1) GRANTS FINANCED FROM THE HIGHWAY TRUST FUND.—
A grant or contract approved by the Secretary, that is financed
with amounts made available under subsection (a)(1)(A),
(a)(2)(A), (b)(1), (b)(2)(A), (c)(2)(A), (d)(2)(A), (e)(2)(A), or (f)(2)(A)
is a contractual obligation of the United States Government
to pay the Government’s share of the cost of the project.
‘‘(2) GRANTS FINANCED FROM GENERAL FUNDS.—A grant
or contract, approved by the Secretary, that is financed with
amounts made available under subsection (a)(1)(B), (a)(2)(B),
(b)(2)(B), (c)(2)(B), (d)(2)(B), (e)(2)(B), (f)(2)(B), or (h) is a
contractual obligation of the Government to pay the Government’s share of the cost of the project only to the extent that
amounts are provided in advance in an appropriations Act.
‘‘(h) ADDITIONAL AMOUNTS.—In addition to amounts made available by or appropriated under subsections (a) through (f), there
are authorized to be appropriated—
‘‘(1) to carry out sections 5303, 5304, 5305, and 5313(b)—
‘‘(A) for fiscal year 1999, $32,000,000;
‘‘(B) for fiscal year 2000, $33,000,000;
‘‘(C) for fiscal year 2001, $34,000,000;
‘‘(D) for fiscal year 2002, $35,000,000; and
‘‘(E) for fiscal year 2003, $36,000,000;

112 STAT. 372

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(2) to carry out section 5307, $150,000,000 for each of
fiscal years 1999 through 2003;
‘‘(3) to carry out section 5308, $100,000,000 for each of
fiscal years 1999 through 2003;
‘‘(4) to carry out section 5309(m)(1)(A), $100,000,000 for
each of fiscal years 1999 through 2003;
‘‘(5) to carry out section 5309(m)(1)(B)—
‘‘(A) for fiscal year 1999, $600,000,000;
‘‘(B) for fiscal year 2000, $610,000,000;
‘‘(C) for fiscal year 2001, $620,000,000;
‘‘(D) for fiscal year 2002, $630,000,000; and
‘‘(E) for fiscal year 2003, $630,000,000;
‘‘(6) to carry out section 5309(m)(1)(C), $100,000,000 for
each of fiscal years 1999 through 2003;
‘‘(7) to carry out sections 5311(b)(2), 5312, 5313(a), 5314,
5315, and 5322—
‘‘(A) for fiscal year 1999, $31,000,000;
‘‘(B) for fiscal year 2000, $31,000,000;
‘‘(C) for fiscal year 2001, $33,000,000;
‘‘(D) for fiscal year 2002, $33,000,000; and
‘‘(E) for fiscal year 2003, $34,000,000; and
‘‘(8) to carry out section 5334—
‘‘(A) for fiscal year 1999, $13,000,000;
‘‘(B) for fiscal year 2000, $14,000,000;
‘‘(C) for fiscal year 2001, $16,000,000;
‘‘(D) for fiscal year 2002, $17,000,000; and
‘‘(E) for fiscal year 2003, $18,000,000.
‘‘(i) AVAILABILITY OF AMOUNTS.—Amounts made available by
or appropriated under subsections (a) through (e), and paragraphs
(1) through (7) of subsection (h), shall remain available until
expended.’’.
(b) CONFORMING AMENDMENTS.—Chapter 53 is amended as
follows:
(1) In sections 5303(h)(1), 5303(h)(2)(A), and 5303(h)(3)(A),
by striking ‘‘section 5338(g)(1)’’ each place it appears and inserting ‘‘subsection (c) or (h)(1) of section 5338’’.
(2) In section 5303(h)(1) by striking ‘‘–5306’’ and inserting
‘‘and 5305’’.
(3) In section 5303(h)(4) by striking ‘‘section 5338(g)’’ and
inserting ‘‘subsection (c) or (h)(1) of section 5338’’.
(4) In section 5313(a)(1) by striking ‘‘Fifty percent of the
amounts made available under section 5338(g)(3)’’ and inserting
‘‘The amounts made available under paragraphs (1) and
(2)(C)(ii) of section 5338(d)’’.
(5) In section 5313(b)(1) by striking ‘‘Fifty percent of the
amounts made available under section 5338(g)(3)’’ and inserting
‘‘The amounts made available under paragraphs (1) and
(2)(C)(ii) of section 5338(c)’’.
(6) In section 5314(a)(1) by striking ‘‘section 5338(g)(4)’’
and inserting ‘‘subsections (d) and (h)(7) of section 5338’’.
(7) In section 5317(e)(5)(C) by striking ‘‘5338(e)(2)’’ and
inserting ‘‘5338(e)’’.
(8) In section 5318(d) by striking ‘‘5338(j)(5)’’ and inserting
‘‘5309(m)(1)(C)’’.
(9) In section 5333(b) by striking ‘‘5338(j)(5)’’ each place
it appears and inserting ‘‘5338(b)’’.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 373

(10) In section 5336(a) by striking ‘‘5338(f)’’ and inserting
‘‘5338(a)’’.
(11) In section 5336(e)(1) by striking ‘‘section 5338(f)’’ and
inserting ‘‘subsections (a) and (h)(2) of section 5338’’.
(12) In section 5337(e)(1) by striking ‘‘section 5338(f)’’ and
inserting ‘‘subsections (b) and (h)(4) of section 5338’’.
SEC. 3030. PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS AND
EXTENSIONS TO EXISTING SYSTEMS.

(a) FINAL DESIGN AND CONSTRUCTION.—The following projects
are authorized for final design and construction for fiscal years
1998 through 2003 under section 5309(m)(1)(B) of title 49, United
States Code:
(1) Atlanta—Athens Commuter Rail.
(2) Atlanta—Griffin Commuter Rail.
(3) Atlanta—North Line Extension.
(4) Austin—NW/North Central/SE—Airport LRT.
(5) Baltimore—Central LRT Extension to Glen Burnie.
(6) Boston—Massport Airport Intermodal Transit Connector.
(7) Boston—North Shore Corridor and Blue Line Extension
to Beverly.
(8) Charlotte—South Corridor Transitway.
(9) Chicago—Navy Pier-McCormick Place Busway.
(10) Chicago—North Central Upgrade Commuter Rail.
(11) Chicago—Ravenswood Line Extension.
(12) Chicago—Southwest Extension.
(13) Chicago—West Line Expansion.
(14) Cleveland—Akron-Canton Commuter Rail.
(15) Cleveland—Berea Metroline Extension.
(16) Cleveland—Blue Line Extension.
(17) Cleveland—Euclid Corridor Extension.
(18) Cleveland—I–90 Corridor to Ashtabula County.
(19) Cleveland—Waterfront Line Extension.
(20) Dallas—North Central Extension.
(21) Dallas—Ft. Worth RAILTRAN (Phase II).
(22) Denver—East Corridor (Airport).
(23) Denver—Southeast LRT (I–25 between 6th & Lincoln).
(24) Denver—Southwest LRT.
(25) Denver—West Corridor LRT.
(26) East St. Louis-St. Clair County—Mid-America Airport
Corridor.
(27) Ft. Lauderdale-West Palm Beach-Miami Tri-County
Commuter Rail.
(28) Galveston—Trolley Extension.
(29) Hartford—Griffin Line.
(30) Hollis—Ketchikan Ferry.
(31) Houston—Regional Bus Plan—Phase I.
(32) Kansas City—I–35 Commuter Rail.
(33) Kansas City—Southtown Corridor.
(34) Kenosha-Racine—Milwaukee Rail Extension.
(35) Las Vegas Corridor.
(36) Little Rock—River Rail.
(37) Los Angeles—Metrolink San Bernadino Line.
(38) Los Angeles—MOS–3.
(39) Los Angeles—Metrolink (Union Station-Fullerton).
(40) Louisville—Jefferson County Corridor.

112 STAT. 374

PUBLIC LAW 105–178—JUNE 9, 1998
(41) MARC—Commuter Rail Improvements.
(42) Maryland Light Rail Double Track.
(43) Memphis—Medical Center Extension.
(44) Miami—East-West Multimodal Corridor.
(45) Miami—North 27th Avenue Corridor.
(46) Miami—South Busway Extension.
(47) Milwaukee—East-West Corridor.
(48) Monterey County Commuter Rail.
(49) Nashua, NH—Lowell, MA Commuter Rail.
(50) Nashville—Commuter Rail.
(51) New Orleans—Canal Streetcar.
(52) New York—8th Avenue Subway Connector.
(53) New York—Brooklyn—Staten Island Ferry.
(54) New York—Long Island Railroad East Side Access.
(55) New York—Staten Island Ferry—Whitehall Intermodal Terminal.
(56) New York Susquehanna and Western Commuter Rail.
(57) New Jersey Urban Core.
(58) Norfolk—Virginia Beach Corridor.
(59) Orange County—Fullerton—Irvine Corridor.
(60) Orlando—I–4 Central Florida Light Rail System.
(61) Philadelphia—Schuykill Valley Metro.
(62) Phoenix—Fixed Guideway.
(63) Colorado—Roaring Fork Valley Rail.
(64) Pittsburgh Airborne Shuttle System.
(65) Pittsburgh—MLK Busway Extension.
(66) Portland—South-North Corridor.
(67) Portland—Westside-Hillsboro Corridor.
(68) Raleigh-Durham—Regional Transit Plan.
(69) Sacramento—Folsom Extension.
(70) Sacramento—Placer County Corridor.
(71) Sacramento—South Corridor.
(72) Salt Lake City—Light Rail (Airport to University of
Utah).
(73) Salt Lake City—Ogden-Provo Commuter Rail.
(74) Salt Lake City—South LRT.
(75) San Diego—Mid-Coast LRT Corridor.
(76) San Diego—Mission Valley East Corridor.
(77) San Diego—Oceanside—Escondido Corridor.
(78) San Francisco—BART to San Francisco International
Airport Extension.
(79) San Francisco—Bayshore Corridor.
(80) San Jose—Tasman Corridor Light Rail.
(81) San Juan—Tren Urbano.
(82) San Juan—Tren Urbano Extension to Minellas.
(83) Santa Cruz—Fixed Guideway.
(84) Seattle—Southworth High Speed Ferry.
(85) Seattle—Sound Move Corridor.
(86) South Boston—Piers Transitway.
(87) St. Louis—Cross County Corridor.
(88) Stockton—Altamont Commuter Rail.
(89) Tampa Bay—Regional Rail.
(90) Twin Cities—Northstar Corridor (Downtown Minneapolis-Anoka County-St. Cloud).
(91) Twin Cities—Transitways Corridors.
(92) Washington—Richmond Rail Corridor Improvements.
(93) Washington, D.C.—Dulles Corridor Extension.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 375

(94) Washington, D.C.—Largo Extension.
(95) West Trenton Line (West Trenton-Newark).
(96) Westlake—Commuter Rail Link.
(97) Pittsburgh North Shore-Central Business District Corridor.
(98) Pittsburgh—Stage II Light Rail.
(99) Boston—North-South Rail Link.
(100) Spokane—South Valley Corridor Light Rail.
(101) Miami—Palmetto Metrorail.
(102) Morgantown—Personal Rapid Transit.
(103) Santa Monica—Busway.
(104) Northwest New Jersey—Northeast Rail Corridor.
(105) Southeastern North Carolina Corridor.
(106) Chicago—Douglas Branch.
(107) San Joaquin—Regional Transit Corridor.
(108) Albuquerque—High Capacity Corridor.
(b) ALTERNATIVES ANALYSIS AND PRELIMINARY ENGINEERING.—
The following projects are authorized for alternatives analysis and
preliminary engineering for fiscal years 1998 through 2003 under
section 5309(m)(1)(B) of title 49, United States Code:
(1) Atlanta—Georgia 400 Multimodal Corridor.
(2) Atlanta—MARTA Extension (S. De Kalb-Lindbergh).
(3) Atlanta—MARTA I–285 Transit Corridor.
(4) Atlanta—MARTA Marietta-Lawrenceville Corridor.
(5) Atlanta—MARTA South De Kalb Comprehensive Transit Program.
(6) Baltimore—Metropolitan Rail Corridor.
(7) Baltimore—People Mover.
(8) Bergen County Cross—County Light Rail.
(9) Birmingham Transit Corridor.
(10) Boston—Urban Ring.
(11) Charleston—Monobeam.
(12) Chicago—Comiskey Park Station.
(13) Chicago—Inner Circumferential Commuter Rail.
(14) Cumberland/Dauphin County Corridor 1 Commuter
Rail.
(15) Dallas—DART LRT Extensions.
(16) Dallas—Las Colinas Corridor.
(17) Dayton—Regional Riverfront Corridor.
(18) El Paso—International Fixed Guideway (El PasoJuarez).
(19) Fremont—South Bay Corridor.
(20) Houston—Advanced Transit Program.
(21) Jacksonville—Fixed Guideway Corridor.
(22) Knoxville—Electric Transit.
(23) Lorain—Cleveland Commuter Rail.
(24) Los Angeles—MOS–4 East Side Extension (II).
(25) Los Angeles—MOS–4 San Fernando Valley East-West.
(26) Los Angeles—LOSSAN (Del Mar-San Diego).
(27) Maine High Speed Ferry Service.
(28) Maryland Route 5 Corridor.
(29) Memphis—Regional Rail Plan.
(30) Miami—Kendall Corridor.
(31) Miami—Northeast Corridor.
(32) New Jersey Trans-Hudson Midtown Corridor.
(33) New Orleans—Airport—CBD Commuter Rail.
(34) New Orleans—Desire Streetcar.

112 STAT. 376

PUBLIC LAW 105–178—JUNE 9, 1998
(35) New York—Astoria—East Elmhurst Extension.
(36) New York—Broadway—Lafayette & Bleecker Street
Transfer.
(37) New York—Brooklyn—Manhattan Access.
(38) New York—Lower Manhattan Access.
(39) New York—Manhattan East Side Link.
(40) New York—Midtown West Intermodal Terminal.
(41) New York—Nassau Hub.
(42) New York—North Shore Railroad.
(43) New York—Queens West Light Rail Link.
(44) New York—St. George’s Ferry Intermodal Terminal.
(45) Newburgh—LRT System.
(46) North Front Range Corridor.
(47) Northeast Indianapolis Corridor.
(48) Oakland Airport—BART Connector.
(49) Providence—Pawtucket Corridor.
(50) Philadelphia—Broad Street Line Extension.
(51) Philadelphia—Cross County Metro.
(52) Philadelphia—Lower Marion Township.
(53) Pinellas County—Mobility Initiative Project.
(54) Redlands—San Bernardino Transportation Corridor.
(55) Riverside—Perris Rail Passenger Service.
(56) Salt Lake City—Draper Light Rail Extension.
(57) Salt Lake City—West Jordan Light Rail Extension.
(58) San Francisco—CalTrain Extension to Hollister.
(59) Scranton—Laurel Line Intermodal Corridor.
(60) SEATAC—Personal Rapid Transit.
(61) Toledo—CBD to Zoo.
(62) Union Township Station (Raritan Valley Line).
(63) Washington County Corridor (Hastings-St. Paul).
(64) Washington, D.C.—Georgetown-Ft. Lincoln.
(65) Williamsburg—Newport News-Hampton LRT.
(66) Cincinnati/N. Kentucky—Northeast Corridor.
(67) Northeast Ohio—commuter rail.
(68) California—North Bay Commuter Rail.
(c) PROJECT AUTHORIZATIONS.—
(1) IN GENERAL.—Of the total amount made available by
or authorized under section 5338(b) of title 49, United States
Code, to carry out section 5309(m)(1)(B) for fiscal years 1998
through 2003:
(A) $3,000,000,000 shall be available for the following
projects:
(i) Birmingham Transit Corridor, $87,500,000.
(ii) San Diego-Mission Valley East Corridor,
$325,000,000.
(iii) Denver-Southeast LRT (I–25 between 6th and
Lincoln), $10,000,000.
(iv)
Colorado—Roaring
Fork
Valley
Rail,
$40,000,000.
(v) Hartford—Griffin Line, $33,000,000.
(vi) Bridgeport—Intermodal Corridor, $34,000,000.
(vii) New London—Waterfront Access, $10,000,000.
(viii) Old Saybrook—Hartford Rail Extension,
$10,000,000.
(ix)
Stamford—Fixed
Guideway
Connector,
$18,000,000.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 377

(x) Orlando—I–4 Central Florida Light Rail System, $100,000,000.
(xi) Miami—Palmetto Metrorail, $8,000,000.
(xii) Tampa Bay—Regional Rail, $2,000,000.
(xiii) Fort Lauderdale—West Palm Beach—Miami
Tri-County Commuter Rail, $20,000,000.
(xiv) Miami—East-West Multimodal Corridor,
$20,000,000.
(xv) Chicago—CTA Douglas Branch, $315,000,000.
(xvi) Indianapolis Region Commuter Rail,
$10,000,000.
(xvii) Sioux City—Light Rail, $10,000,000.
(xviii) MARC—Commuter Rail Improvements,
$185,000,000.
(xix) Baltimore—Light Rail Double Track,
$120,000,000.
(xx) Boston—North Shore Corridor and Blue Line
Extension to Beverly, $50,000,000.
(xxi)
Twin
Cities—Transitways
Corridors,
$120,000,000.
(xxii) Twin Cities—Northstar Corridor (Downtown
Minneapolis—Anoka County—St. Cloud), $6,000,000.
(xxiii) I-35 Commuter Rail, $30,000,000.
(xxiv) Las Vegas Corridor, $155,000,000.
(xxv) New Jersey—Bergen County Cross County
Light Rail, $5,000,000.
(xxvi) New Jersey—Trans Hudson Midtown Corridor, $5,000,000.
(xxvii) Santa Fe—Eldorado Rail Link, $10,000,000.
(xxviii) Albuquerque Alvarado Intermodal Center,
$5,000,000.
(xxix) Albuquerque Light Rail, $90,000,000.
(xxx) New York—Long Island Railroad East Side
Access, $353,000,000.
(xxxi) New York—Second Avenue Subway,
$5,000,000.
(xxxii) New York—Whitehall Ferry Terminal,
$40,000,000.
(xxxiii) New York—St. George’s Ferry Intermodal
Terminal, $20,000,000.
(xxxiv) New York—Nassau Hub, $10,000,000.
(xxxv) New Jersey—New York Midtown West
Ferry Terminal, $16,300,000.
(xxxvi) Cincinnati/Northern Kentucky Corridor,
$65,000,000.
(xxxvii)
Portland
South—North
Corridor,
$25,000,000.
(xxxviii) Philadelphia—Schuylkill Valley Metro,
$75,000,000.
(xxxix) Allegheny County Stage II Light Rail,
$100,200,000.
(xl) Philadelphia—Pittsburgh High Speed Rail,
$10,000,000.
(xli) Cumberland/Dauphin County Corridor 1 Commuter Rail, $20,000,000.
(xlii) Pittsburgh North Shore—Central Business
District, $20,000,000.

112 STAT. 378

Effective date.

PUBLIC LAW 105–178—JUNE 9, 1998
(xliii) Providence—Boston Commuter, $10,000,000.
(xliv) Rhode Island Integrated Intermodal
Transportation, $25,000,000.
(xlv)
Dallas—North
Central
Extension,
$188,000,000.
(xlvi) Dallas—Southeast Corridor, $20,000,000.
(xlvii) Dallas—Northwest Corridor, $12,000,000.
(xlviii) Washington, D.C., Dulles Corridor Extension, $86,000,000.
(xlix)
Seattle—Tacoma
Commuter
Rail,
$40,000,000.
(l) San Joaquin Regional Intermodal Corridor,
$14,000,000.
(li) Railtran Corridor Light Rail, $12,000,000.
(B) The remainder shall be available for projects listed
in subsections (a) and (b).
(2) ADDITIONAL FUNDS.—
(A) IN GENERAL.—The total amount authorized in section 5338(h)(5) of title 49, United States Code, for fiscal
years 1999 through 2003 shall be available for projects
listed in subsections (a) and (b).
(B) PRIORITY FOR SALT LAKE CITY OLYMPICS.—
(i) IN GENERAL.—Of the amount authorized to be
appropriated under section 5338(h)(5), $640,000,000 is
authorized to be appropriated for the Salt Lake City
Winter Olympic Games for the following projects:
(I) North/South Light Rail.
(II) Airport to University of Utah Light Rail.
(III) Intermodal Facilities.
(IV) Park and Ride Lots.
(V) Bus Acquisition.
(ii) GOVERNMENT SHARE.—The Government share
of the costs of projects assisted under this subparagraph shall not exceed 80 percent. For purposes of
determining the nongovernmental share for projects
authorized under this subparagraph, highway, aviation, and transit projects shall be considered to be
a program of projects.
(iii) USE OF FUNDS.—Funds provided under this
subparagraph shall be available for planning and capital assistance.
(3) HIGH PRIORITY PROJECT.—The Long Island Rail Road
East Side Access project shall be given priority consideration
by the Secretary for funds made available under paragraph
(1)(B). In addition, that project is authorized for construction
with funds available under section 5338(h)(5) of title 49, United
States Code.
(d) EFFECT OF AUTHORIZATION.—
(1) IN GENERAL.—
(A) SUBSECTION (a) PROJECTS.—Projects authorized by
subsection (a) for final design and construction are also
authorized for alternatives analysis and preliminary
engineering.
(B) SUBSECTION (b) PROJECTS.—Effective October 1,
2000, projects authorized by subsection (b) for alternatives
analysis and preliminary engineering are also authorized
for final design and construction.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 379

(2) FIXED GUIDEWAY AUTHORIZATION.—The project authorized by subsection (a)(3) includes an additional 28 rapid rail
cars and project scope changes from amounts authorized by
the Intermodal Surface Transportation Efficiency Act of 1991.
(3) INTERMODAL CENTER AUTHORIZATIONS.—Notwithstanding any other provision of law, each of the following projects
are eligible for funding under section 5309(m)(1)(C) of title
49, United States Code:
(A) Huntington, West Virginia Intermodal Facility
project.
(B) Huntsville Intermodal Center project.
(e) NEW JERSEY URBAN CORE PROJECT.—
(1) ALLOCATIONS.—Section 3031(a) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2122)
is amended by adding at the end the following:
‘‘(3) ALLOCATIONS.—
‘‘(A) RAIL CONNECTION BETWEEN PENN STATION NEWARK
AND BROAD STREET STATION, NEWARK.—Of the amounts
made available for the New Jersey Urban Core Project
under section 5309(m)(1)(B) of title 49, United States Code,
for fiscal years 1998 through 2003, the Secretary shall
set aside 10 percent, but not more than $5,000,000, per
fiscal year for preliminary engineering, design, and
construction of the rail connection between Penn Station,
Newark and Broad Street Station, Newark.
‘‘(B) NEWARK-NEWARK INTERNATIONAL AIRPORT-ELIZABETH TRANSIT LINK.—Of the amounts made available for
the New Jersey Urban Core Project under section
5309(m)(1)(B) of title 49, United States Code, for fiscal
years 1998 through 2003, the Secretary, after making the
set aside under subparagraph (A), shall set aside 10 percent, but not more than $5,000,000 per fiscal year for
preliminary engineering, design, and construction of the
Newark-Newark International Airport-Elizabeth Transit
Link, including construction of the auxiliary New Jersey
Transit station, described in subsection (d).
‘‘(C) LIGHT RAIL CONNECTION AND ALIGNMENT WITHIN
AND SERVING THE CITY OF ELIZABETH.—Of the amounts
made available for the New Jersey Urban Core Project
under section 5309(m)(1)(B) of title 49, United States Code,
for fiscal years 1998 through 2003, the Secretary, after
making the set-aside under subparagraphs (A) and (B),
shall set aside 10 percent but not more than $5,000,000
per fiscal year for preliminary engineering, design, and
construction of the light rail connection and alignment
within and serving the city of Elizabeth as described in
subsection (d).’’.
(2) CONFORMING AMENDMENTS.—Section 3031(c) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2122) is amended—
(A) by striking ‘‘section 3(i) of the Federal Transit
Act (relating to criteria for new starts)’’ and inserting ‘‘section 5309(e) of title 49, United States Code,’’; and
(B) by striking ‘‘; except’’ and all that follows through
‘‘such element’’.

112 STAT. 380

PUBLIC LAW 105–178—JUNE 9, 1998
(3) ELEMENTS OF NEW JERSEY URBAN CORE PROJECT.—Section 3031(d) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2122) is amended—
(A) by inserting after ‘‘Secaucus Transfer’’ the following: ‘‘(including relocation and construction of the Bergen
County and Pascack Valley Rail Lines and the relocation
of the Main/Bergen Connection with construction of a rail
station and associated components to and at the contiguous
New Jersey Meadowlands Sports Complex)’’;
(B) by striking ‘‘, Newark-Newark International Airport-Elizabeth Transit Link’’ and inserting ‘‘(including a
connection from the Vince Lombardi Station to Saddlebrook
and Edgewater), restoration of commuter rail service along
the Northern Branch Line of the West Shore Line, NewarkNewark International Airport-Elizabeth Transit Link
(including construction of an auxiliary New Jersey Light
Rail Transit station directly connected to and integrated
with the Amtrak Northeast Corridor Station at Newark
International Airport, providing access from the NewarkNewark International Airport-Elizabeth Light Rail Transit
Link to the Newark International Airport)’’; and
(C) by inserting after ‘‘New York Penn Station Concourse,’’ the following: ‘‘the restoration of commuter rail
service in Lakewood to Freehold to Matawan or Jamesburg,
New Jersey, as described in section 3035(p) of the Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2131), a light rail extension of the Newark-Newark
International Airport-Elizabeth Light Rail Transit Link
from Elizabeth, New Jersey, to the towns of Cranford,
Westfield, Fanwood, and Plainfield in Union County, New
Jersey, and any appropriate light rail connections and
alignments within the city of Elizabeth to be determined
by the city of Elizabeth and the New Jersey Department
of Transportation (and which shall include connecting midtown Elizabeth to Route 1 Park and Ride, the Elizabeth
Car House Museum, Division Street, Singer Place, Ferry
Terminal, Jersey Gardens Mall, Elizabeth Port to Lot D
at Newark Airport) and any appropriate fixed guideway
system in Passaic County,’’.
(f) LOS ANGELES MOS–3 PROJECT.—
(1) IN GENERAL.—For purposes of this section, the Los
Angeles MOS–3 project referenced in subsection (a)(38) may
include any fixed guideway project or projects selected by the
Los Angeles County Metropolitan Transportation Authority for
development in the transportation corridors to be served by
the 3 extensions of MOS–3 of the Los Angeles County Metro
Rail project, as described in section 3034(i) of the Intermodal
Surface Transportation Efficiency Act of 1991.
(2) ALTERNATIVES.—In considering fixed guideway alternatives and selecting any revised preferred alternative in the
East Side or Mid City corridors of MOS–3, the Los Angeles
County Metropolitan Transportation Authority shall—
(A) fully evaluate the potential impact of the alternatives on the integrity of the neighborhoods in the corridor
involved;
(B) address the capacity of the alternatives to serve
transit dependent riders;

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 381

(C) identify and address any disproportionately high
and adverse effects on minority and low income populations, in accordance with the Executive Order on Federal
Actions to Address Environmental Justice (EO 12898; February 11, 1994); and
(D) otherwise comply with all applicable Federal and
State planning and environmental requirements.
(g) BALTIMORE-WASHINGTON TRANSPORTATION IMPROVEMENTS
PROGRAM.—Section 3035(nn) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2134) is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘, and alternatives for double tracking
and related improvements’’ after ‘‘Penn Station extensions’’;
(B) by inserting ‘‘shall provide for double tracking and
related improvements and’’ after ‘‘under this paragraph’’;
and
(C) by inserting after the first sentence the following:
‘‘Funds for projects under this paragraph shall be provided
at an 80 percent Government share. In applying the local
share evaluation criteria in section 5309, of title 49, United
States Code, the Secretary shall compare the aggregate
expenditure of State and local funds, including Federal
highway funds provided by the State of Maryland, for
all phases of the Central Corridor Light Rail project.’’;
and
(2) in paragraph (2)—
(A) in the first sentence, by inserting ‘‘, including capacity and efficiency improvements through construction of
a Penn-Camden Connection, MARC maintenance and storage facilities, and other capacity related improvements,
and the Silver Spring Intermodal Center’’ before the period;
and
(B) in the second sentence, by inserting ‘‘provide for
construction of the Penn-Camden Connection, MARC
maintenance and storage facilities, and other capacity
related improvements, and the Silver Spring Intermodal
Center, and shall’’ after ‘‘shall’’.
SEC. 3031. PROJECTS FOR BUS AND BUS-RELATED FACILITIES.

(a) GUARANTEED FUNDING.—Of the amounts made available
to carry out section 5309(m)(1)(C) of title 49, United States Code,
for each of fiscal years 1999 and 2000, the Secretary shall make
funds available for the following projects in not less than the
amounts specified for the fiscal year:
Project

1.
2.
3.
4.
5.
6.
7.

Albuquerque, NM buses .......................................
Alexandria, VA bus maintenance facility ...........
Alexandria, VA King Street Station access ........
Altoona, PA Metro Transit Authority buses and
transit system improvements ..........................
Altoona, PA Metro Transit Authority Logan
Valley Mall Suburban Transfer Center ..........
Altoona, PA Metro Transit Authority Transit
Center improvements .......................................
Arkansas Highway and Transit Department
buses ..................................................................

FY 1999 (in
millions)

FY 2000 (in
millions)

1.250
1.000
1.100

1.250
1.000
0.000

0.842

0.842

0.080

0.000

0.424

0.000

0.200

2.000

112 STAT. 382

PUBLIC LAW 105–178—JUNE 9, 1998
Project

8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.

Armstrong County-Mid County, PA bus facilities and buses ....................................................
Atlanta, GA MARTA buses ..................................
Austin, TX buses ..................................................
Babylon, NY Intermodal Center ..........................
Birmingham-Jefferson County, AL buses ...........
Boulder/Denver, CO RTD buses ..........................
Bradford County, Endless Mountain Transportation Authority buses ......................................
Brookhaven Town, NY elderly and disabled
buses and vans ..................................................
Brooklyn-Staten Island, NY Mobility Enhancement buses .........................................................
Broward County, FL buses ..................................
Buffalo, NY Auditorium Intermodal Center .......
Buffalo, NY Crossroads Intermodal Station .......
Cambria County, PA bus facilities and buses ....
Centre Area, PA Transportation Authority
buses ..................................................................
Chambersburg, PA Transit Authority buses ......
Chambersburg, PA Transit Authority Intermodal Center .....................................................
Chester County, PA Paoli Transportation Center .......................................................................
Altoona, PA Pedestrian Crossover ......................
Cleveland, OH Triskett Garage bus maintenance facility .....................................................
Crawford Area, PA Transportation buses ..........
Culver City, CA CityBus buses ...........................
Davis, CA Unitrans transit maintenance facility .......................................................................
Dayton, OH Multimodal Transportation Center
Daytona, FL Intermodal Center ..........................
Duluth, MN Transit Authority community circulation vehicles ................................................
Duluth, MN Transit Authority intelligent
transportation systems .....................................
Duluth, MN Transit Authority Transit Hub ......
Dutchess County, NY Loop System buses ..........
East Hampton, NY elderly and disabled buses
and vans ............................................................
Erie, PA Metropolitan Transit Authority buses
Everett, WA Multimodal Transportation Center
Fayette County, PA Intermodal Facilities and
buses ..................................................................
Fayetteville, AR University of Arkansas Transit
System buses .....................................................
Fort Dodge, IA Intermodal Facility (Phase II) ...
Gary, IN Transit Consortium buses ...................
Grant County, WA buses and vans .....................
Greensboro, NC Multimodal Center ...................
Greensboro, NC Transit Authority buses ...........
Greensboro, NC Transit Authority small buses
and vans ............................................................
Hartford, CT Transportation Access Project ......
Healdsburg, CA Intermodal Facility ...................
Honolulu, HI bus facility and buses ...................
Hot Springs, AR Transportation Depot and
Plaza ..................................................................
Humboldt, CA Intermodal Facility .....................
Huntington, WV Intermodal Facility ..................

FY 1999 (in
millions)

FY 2000 (in
millions)

0.150
9.000
1.250
1.250
1.250
0.625

0.150
13.500
1.250
1.250
1.250
0.625

1.000

0.000

0.225

0.000

0.800
1.000
2.000
1.000
0.575

0.000
0.000
2.000
0.000
0.575

1.250
0.300

1.250
0.000

1.000

0.000

1.000
.800

1.000
0.000

0.625
0.500
1.250

0.625
0.000
1.250

0.625
0.625
2.500

0.625
0.625
2.500

1.000

1.000

0.500
0.500
0.521

0.500
0.500
0.521

0.100
1.000
1.950

0.000
1.000
1.950

1.270

1.270

0.500
0.885
1.250
0.600
3.340
1.500

0.500
0.885
1.250
0.000
3.339
1.500

0.321
0.800
1.000
2.250

0.000
0.000
1.000
2.250

0.560
1.000
8.000

0.560
0.000
12.000

PUBLIC LAW 105–178—JUNE 9, 1998
Project

53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73.
74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.
93.
94.

Illinois statewide buses and bus-related equipment ...................................................................
Indianapolis, IN buses .........................................
Iowa/Illinois Transit Consortium bus safety and
security ..............................................................
Ithaca, NY TCAT bus technology improvements
Lackawanna County, PA Transit System buses
Lakeland, FL Citrus Connection transit vehicles and related equipment ..............................
Lane County, OR Bus Rapid Transit ..................
Lansing, MI CATA bus technology improvements .................................................................
Little Rock, AR Central Arkansas Transit
buses ..................................................................
Livermore, CA automatic vehicle locator ...........
Long Island, NY CNG transit vehicles and facilities .................................................................
Los Angeles County, CA Foothill Transit buses
New York, NY West 72nd St. Intermodal Station .....................................................................
Los Angeles, CA San Fernando Valley smart
shuttle buses .....................................................
Los Angeles, CA Union Station Gateway Intermodal Transit Center .......................................
Maryland statewide bus facilities and buses .....
Rensslear, NY Rensslear Intermodal Bus Facility .......................................................................
Mercer County, PA buses ....................................
Miami Beach, FL Electric Shuttle Service .........
Miami-Dade, FL buses .........................................
Michigan statewide buses ....................................
Milwaukee County, WI buses ..............................
Mineola/Hicksville, NY LIRR Intermodal Centers .....................................................................
Modesto, CA bus maintenance facility ...............
Monroe County, PA Transportation Authority
buses ..................................................................
Monterey, CA Monterey-Salinas buses ...............
Morongo Basin, CA Transit Authority bus facility .......................................................................
New Haven, CT bus facility .................................
New Jersey Transit jitney shuttle buses ............
Newark, NJ Morris & Essex Station access and
buses ..................................................................
Northstar Corridor, MN Intermodal Facilities
and buses ...........................................................
Norwich, CT buses ...............................................
Ogden, UT Intermodal Center .............................
Oklahoma statewide bus facilities and buses ....
Orlando, FL Downtown Intermodal Facility ......
Providence, RI buses and bus maintenance facility ...................................................................
Perris, CA bus maintenance facility ...................
Philadelphia, PA Frankford Transportation
Center ................................................................
Philadelphia, PA Intermodal 30th Street Station .....................................................................
Portland, OR Tri-Met buses ................................
Pritchard, AL bus transfer facility ......................
Reading, PA BARTA Intermodal Transportation Facility ....................................................

FY 1999 (in
millions)

112 STAT. 383
FY 2000 (in
millions)

6.800
5.000

8.200
5.000

1.000
1.250
0.600

1.000
1.250
0.600

1.250
4.400

1.250
4.400

0.600

0.000

0.300
1.000

0.300
1.000

1.250
1.625

1.250
1.250

1.750

1.750

0.300

0.000

1.250
7.000

1.250
11.500

1.000
0.750
0.750
2.250
10.000
4.000

6.000
0.000
0.750
2.250
13.500
6.000

1.250
0.625

1.250
0.625

1.000
0.625

0.000
0.625

0.650
2.250
1.750

0.000
2.250
1.750

1.250

1.250

6.000
2.250
0.800
5.000
2.500

10.000
2.250
0.800
5.000
2.500

2.250
1.250

3.294
1.250

5.000

5.000

1.250
1.750
0.500

1.250
1.750
0.000

1.750

1.750

112 STAT. 384

PUBLIC LAW 105–178—JUNE 9, 1998
Project

95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
113.
114.
115.
116.
117.
118.
119.
120.
121.
122.
123.
124.
125.
126.
127.
128.
129.
130.
131.
132.
133.
134.
135.

Red Rose, PA Transit Bus Terminal ...................
Richmond, VA GRTC bus maintenance facility
Riverhead, NY elderly and disabled buses and
vans ....................................................................
Robinson, PA Towne Center Intermodal Facility .......................................................................
Rome, NY Intermodal Center ..............................
Sacramento, CA CNG buses ................................
San Francisco, CA Islais Creek Maintenance
Facility ...............................................................
San Juan, Puerto Rico Intermodal access ..........
Santa Clarita, CA facilities and buses ................
Santa Cruz, CA bus facility .................................
Santa Rosa/Cotati, CA Intermodal Transportation Facilities .................................................
Seattle, WA Intermodal Transportation Terminal ......................................................................
Shelter Island, NY elderly and disabled buses
and vans ............................................................
Smithtown, NY elderly and disabled buses and
vans ....................................................................
Somerset County, PA bus facilities and buses ...
South Amboy, NJ Regional Intermodal Transportation Initiative ...........................................
South Bend, IN Urban Intermodal Transportation Facility ....................................................
South Carolina statewide Virtual Transit Enterprise ...............................................................
South Dakota statewide bus facilities and buses
Southampton, NY elderly and disabled buses
and vans ............................................................
Southold, NY elderly and disabled buses and
vans ....................................................................
Springfield, MA Union Station ............................
St. Louis, MO Bi-state Intermodal Center .........
Denver, CO Stapleton Intermodal Center ..........
Suffolk County, NY elderly and disabled buses
and vans ............................................................
Texas statewide small urban and rural buses ...
Towamencin Township, PA Intermodal Bus
Transportation Center ......................................
Tuscaloosa, AL Intermodal Center .....................
Ukiah, CA Transportation Center ......................
Utah Transit Authority, UT Intermodal Facilities ......................................................................
Utah Transit Authority/Park City Transit, UT
buses ..................................................................
Utica, NY Union Station ......................................
Utica and Rome, NY bus facilities and buses ....
Washington County, PA Intermodal Facilities ..
Washington, D.C. Intermodal Transportation
Center ................................................................
Washoe County, NV transit improvements ........
Waterbury, CT bus facility ..................................
West Virginia statewide Intermodal Facility
and buses ...........................................................
Westchester County, NY Bee-Line transit system fareboxes ....................................................
Westchester County, NY Bee-Line transit system shuttle buses ..............................................
Westchester County, NY DOT articulated buses

FY 1999 (in
millions)

FY 2000 (in
millions)

1.000
1.250

0.000
1.250

0.125

0.000

1.500
0.400
1.250

1.500
0.000
1.250

1.250
0.600
1.250
0.625

1.250
0.600
1.250
0.625

0.750

0.750

1.250

1.250

0.100

0.000

0.125
0.175

0.000
0.175

1.250

1.250

1.250

1.250

1.220
1.500

1.220
1.500

0.125

0.000

0.100
1.250
1.250
1.250

0.000
1.250
1.250
1.250

0.100
4.000

0.000
4.500

1.500
1.000
0.500

1.500
0.000
0.000

1.500

1.500

6.500
2.100
0.500
0.630

6.500
2.100
0.000
0.630

2.500
2.250
2.250

2.500
2.250
2.250

5.000

5.000

0.979

0.979

1.000
1.250

1.000
1.250

PUBLIC LAW 105–178—JUNE 9, 1998
Project

136.
137.
138.
139.
140.
141.
142.
143.
144.
145.
146.
147.
148.
149.
150.

Westmoreland County, PA Intermodal Facility
Wilkes-Barre, PA Intermodal Facility ................
Williamsport, PA Bus Facility .............................
Windsor, CA Intermodal Facility ........................
Wisconsin statewide bus facilities and buses .....
Woodland Hills, CA Warner Center Transportation Hub .........................................................
Worcester, MA Union Station Intermodal
Transportation Center ......................................
Lynchburg, VA buses ...........................................
Harrisonburg, VA buses .......................................
Roanoke, VA buses ...............................................
Allegheny County, PA buses ................................
Mount Vernon, WA Multimodal Center .............
New Bedford/Fall River, MA Mobile Access to
health care .........................................................
Philadelphia, PA Regional Transportation System for Elderly and Disabled ...........................
Clark County, NV Regional Transportation
Commission .......................................................

FY 1999 (in
millions)

112 STAT. 385
FY 2000 (in
millions)

0.200
1.250
1.200
0.750
8.000

0.200
1.250
1.200
0.750
12.000

0.325

0.625

2.500
0.200
0.200
0.200
0.000
1.750

2.500
0.000
0.000
0.000
1.500
1.750

0.250

0.000

0.750

0.000

1.250

1.250

(b) GENERAL FUND AUTHORIZATION.—Of the amounts authorized to be appropriated to carry out section 5309(m)(1)(C) of title
49, United States Code, for each of fiscal years 1999 and 2000,
there are authorized to be appropriated for the following projects:
Project

1.
2.
3.
4.
5.
6.

Everett, WA Multimodal Transportation Center
Rennslear, NY Rennslear Intermodal Bus Facility .......................................................................
Rochester, NY Rochester Central Bus Facility ..
Long Beach, NY Long Beach Central Bus Facility .......................................................................
Broome County, NY Buses and Related Equipment ...................................................................
Long Island, NY CNG Transit Vehicles and Facilities .................................................................

FY 1999 (in
millions)

FY 2000 (in
millions)

1.000

1.000

4.000
12.500

0.000
12.500

0.750

0.750

2.700

2.700

3.050

3.050

SEC. 3032. CONTRACTING OUT STUDY.

(a) STUDY.—Not later than 3 months after the date of enactment
of this Act, the Secretary shall enter into an agreement with the
Transportation Research Board of the National Academy of Sciences
to conduct a study of the effect of contracting out mass transportation operation and administrative functions on cost, availability
and level of service, efficiency, safety, quality of services provided
to transit-dependent populations, and employer-employee relations.
(b) TERMS OF AGREEMENT.—The agreement entered into in
subsection (a) shall provide that—
(1) the Transportation Research Board, in conducting the
study, consider the number of grant recipients that have contracted out services, the size of the population served by such
grant recipients, the basis for decisions regarding contracting
out, and the extent to which contracting out was affected by
the integration and coordination of resources of transit agencies
and other Federal agencies and programs; and

49 USC 5301
note.

112 STAT. 386

PUBLIC LAW 105–178—JUNE 9, 1998

(2) the panel conducting the study shall include representatives of transit agencies, employees of transit agencies, private
contractors, academic and policy analysts, and other interested
persons.
(c) REPORT.—Not later than 24 months after the date of entry
into the agreement under subsection (a), the Secretary shall transmit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate a report containing the results
of the study.
(d) FUNDING.—There shall be available from the Mass Transit
Account of the Highway Trust Fund to carry out this section
$250,000 for fiscal year 1998.
(e) CONTRACTUAL OBLIGATION.—Entry into an agreement to
carry out this section that is financed with amounts made available
under subsection (c) is a contractual obligation of the United States
to pay the Government’s share of the cost of the study.
49 USC 5336
note.

49 USC 301 note.

SEC. 3033. URBANIZED AREA FORMULA STUDY.

(a) STUDY.—The Secretary shall conduct a study to determine
whether the formula for apportioning funds to urbanized areas
under section 5336 of title 49, United States Code, accurately
reflects the transit needs of the urbanized areas and, if not, whether
any changes should be made either to the formula or through
some other mechanism to reflect the fact that some urbanized
areas with a population between 50,000 and 200,000 have transit
systems that carry more passengers per mile or hour than the
average of those transit systems in urbanized areas with a population over 200,000.
(b) REPORT.—Not later than December 31, 1999, the Secretary
shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the
results of the study conducted under this section, together with
any proposed changes to the method for apportioning funds to
urbanized areas with a population over 50,000.
SEC. 3034. COORDINATED TRANSPORTATION SERVICES.

(a) STUDY.—The Comptroller General shall conduct a study
of Federal departments and agencies (other than the Department
of Transportation) that receive Federal financial assistance for nonemergency transportation services.
(b) CONTENTS.—In conducting the study, the Comptroller General shall—
(1) identify each Federal department and agency (other
than the Department of Transportation) that has received Federal financial assistance for non-emergency transportation services in any of the 3 fiscal years preceding the date of enactment
of this Act;
(2) identify the amount of such assistance received by each
Federal department and agency in such fiscal years; and
(3) identify the projects and activities funded using such
financial assistance.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall transmit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs
of the Senate a report containing the results of the study and

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 387

any recommendations for enhanced coordination between the
Department of Transportation and other Federal departments and
agencies that provide funding for non-emergency transportation.
SEC. 3035. FINAL ASSEMBLY OF BUSES.

(a) IN GENERAL.—All buses manufactured on or after September
1, 1999, that are purchased with Federal funds by recipients of
assistance from the Federal Transit Administration shall conform
with the Federal Transit Administration Guidance on Buy America
Requirements, dated March 18, 1997.
(b) RULE OF CONSTRUCTION.—For purposes of this section, a
bus shall be considered to be manufactured on or after September
1, 1999, if the manufacturing process for that bus is not completed
on or before August 31, 1999.
SEC. 3036. CLEAN FUEL VEHICLES.

(a) STUDY.—The Comptroller General shall conduct a study
of the various low and zero emission fuel technologies for transit
vehicles, including compressed natural gas, liquefied natural gas,
biodiesel fuel, battery, alcohol based fuel, hybrid electric, fuel cell,
and clean diesel to determine—
(1) the status of the development and use of such technologies;
(2) the environmental benefits of such technologies under
the Clean Air Act; and
(3) the cost of such technologies and any associated equipment.
(b) REPORT.—Not later than January 1, 2000, the Comptroller
General shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Banking, Housing, and Urban Affairs of the Senate a report
on the results of the study, together with recommendations for
incentives to encourage the use of low and zero emission fuel
technology for transit vehicles.
SEC. 3037. JOB ACCESS AND REVERSE COMMUTE GRANTS.

(a) FINDINGS.—Congress finds that—
(1) two-thirds of all new jobs are in the suburbs, whereas
three-quarters of welfare recipients live in rural areas or central
cities;
(2) even in metropolitan areas with excellent public transit
systems, less than half of the jobs are accessible by transit;
(3) in 1991, the median price of a new car was equivalent
to 25 weeks of salary for the average worker, and considerably
more for the low-income worker;
(4) not less than 9,000,000 households and 10,000,000
Americans of driving age, most of whom are low-income workers, do not own cars;
(5) 94 percent of welfare recipients do not own cars;
(6) nearly 40 percent of workers with annual incomes below
$10,000 do not commute by car;
(7) many of the 2,000,000 Americans who will have their
Temporary Assistance to Needy Families grants (under the
State program funded under part A of title IV of the Social
Security Act (42 U.S.C. 601 et seq.)) terminated by the year
2002 will be unable to get to jobs they could otherwise hold;
(8) increasing the transit options for low-income workers,
especially those who are receiving or who have recently received

49 USC 5323
note.

49 USC 5308
note.

49 USC 5309
note.

112 STAT. 388

PUBLIC LAW 105–178—JUNE 9, 1998

welfare benefits, will increase the likelihood of those workers
getting and keeping jobs; and
(9) many residents of cities and rural areas would like
to take advantage of mass transit to gain access to suburban
employment opportunities.
(b) DEFINITIONS.—In this section, the following definitions shall
apply:
(1) ELIGIBLE LOW-INCOME INDIVIDUAL.—The term ‘‘eligible
low-income individual’’ means an individual whose family
income is at or below 150 percent of the poverty line (as
that term is defined in section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2)), including any revision
required by that section) for a family of the size involved.
(2) ELIGIBLE PROJECT AND RELATED TERMS.—
(A) IN GENERAL.—The term ‘‘eligible project’’ means
an access to jobs project or a reverse commute project.
(B) ACCESS TO JOBS PROJECT.—The term ‘‘access to
jobs project’’ means a project relating to the development
of transportation services designed to transport welfare
recipients and eligible low-income individuals to and from
jobs and activities related to their employment. The Secretary may make access to jobs grants for—
(i) capital projects and to finance operating costs
of equipment, facilities, and associated capital maintenance items related to providing access to jobs under
this section;
(ii) promoting the use of transit by workers with
nontraditional work schedules;
(iii) promoting the use by appropriate agencies
of transit vouchers for welfare recipients and eligible
low-income individuals under specific terms and conditions developed by the Secretary; and
(iv) promoting the use of employer-provided
transportation, including the transit pass benefit program under section 132 of the Internal Revenue Code
of 1986.
(C) REVERSE COMMUTE PROJECT.—The term ‘‘reverse
commute project’’ means a project related to the development of transportation services designed to transport residents of urban areas, urbanized areas, and areas other
than urbanized areas to suburban employment opportunities, including any project to—
(i) subsidize the costs associated with adding
reverse commute bus, train, carpool, van routes, or
service from urban areas, urbanized areas, and areas
other than urbanized areas, to suburban workplaces;
(ii) subsidize the purchase or lease by a nonprofit
organization or public agency of a van or bus dedicated
to shuttling employees from their residences to a suburban workplace; or
(iii) otherwise facilitate the provision of mass
transportation services to suburban employment
opportunities.
(3) EXISTING TRANSPORTATION SERVICE PROVIDERS.—The
term ‘‘existing transportation service providers’’ means mass

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 389

transportation operators and governmental agencies and nonprofit organizations that receive assistance from Federal, State,
or local sources for nonemergency transportation services.
(4) QUALIFIED ENTITY.—The term ‘‘qualified entity’’
means—
(A) with respect to any proposed eligible project in
an urbanized area with a population of at least 200,000,
the applicant or applicants selected by the appropriate
metropolitan planning organization that meets the requirements of this section, including the planning and coordination requirements in subsection (i), from among local
governmental authorities and agencies and nonprofit
organizations; and
(B) with respect to any proposed eligible project in
an urbanized area with a population of at least 200,000,
or an area other than an urbanized area, the applicant
or applicants selected by the chief executive officer of the
State in which the area is located that meets the requirements of this section, including the planning and coordination requirements in subsection (i), from among local
governmental authorities and nonprofit organizations.
(5) WELFARE RECIPIENT.—The term ‘‘welfare recipient’’
means an individual who receives or received aid or assistance
under a State program funded under part A of title IV of
the Social Security Act (whether in effect before or after the
effective date of the amendments made by title I of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996
(Public Law 104–193; 110 Stat. 2110)) at any time during
the 3-year period before the date on which the applicant applies
for a grant under this section.
(c) GENERAL AUTHORITY.—
(1) IN GENERAL.—The Secretary may make access to jobs
grants and reverse commute grants under this section to assist
qualified entities in financing eligible projects.
(2) COORDINATION.—The Secretary shall coordinate activities under this section with related activities under programs
of other Federal departments and agencies.
(d) APPLICATIONS.—Each qualified entity seeking to receive a
grant under this section for an eligible project shall submit to
the Secretary an application in such form and in accordance with
such requirements as the Secretary shall establish.
(e) PROHIBITION.—Grants awarded under this section may not
be used for planning or coordination activities.
(f) FACTORS FOR CONSIDERATION.—In awarding grants under
this section to applicants under subsection (d), the Secretary shall
consider—
(1) the percentage of the population in the area to be
served by the applicant that are welfare recipients;
(2) in the case of an applicant seeking assistance to finance
an access to jobs project, the need for additional services in
the area to be served by the applicant (including bicycling)
to transport welfare recipients and eligible low-income individuals to and from specified jobs, training, and other employment
support services, and the extent to which the proposed services
will address those needs;
(3) the extent to which the applicant demonstrates—

112 STAT. 390

PUBLIC LAW 105–178—JUNE 9, 1998

(A) coordination with, and the financial commitment
of, existing transportation service providers; and
(B) coordination with the State agency that administers
the State program funded under part A of title IV of
the Social Security Act;
(4) the extent to which the applicant demonstrates maximum utilization of existing transportation service providers
and expands transit networks or hours of service, or both;
(5) the extent to which the applicant demonstrates an
innovative approach that is responsive to identified service
needs;
(6) the extent to which the applicant—
(A) in the case of an applicant seeking assistance to
finance an access to jobs project, presents a regional
transportation plan for addressing the transportation needs
of welfare recipients and eligible low-income individuals;
and
(B) identifies long-term financing strategies to support
the services under this section;
(7) the extent to which the applicant demonstrates that
the community to be served has been consulted in the planning
process; and
(8) in the case of an applicant seeking assistance to finance
a reverse commute project, the need for additional services
identified in a regional transportation plan to transport individuals to suburban employment opportunities, and the extent
to which the proposed services will address those needs.
(g) COMPETITIVE GRANT SELECTION.—The Secretary shall conduct a national solicitation for applications for grants under this
section. Grantees shall be selected on a competitive basis.
(h) COST SHARING.—
(1) MAXIMUM AMOUNT.—The amount of a grant under this
section may not exceed 50 percent of the total project cost.
(2) NONGOVERNMENTAL SHARE.—
(A) IN GENERAL.—The portion of the total cost of an
eligible project that is not funded under this section—
(i) shall be provided in cash from sources other
than revenues from providing mass transportation, but
may include amounts received under a service agreement; and
(ii) may be derived from amounts appropriated
to or made available to a department or agency of
the Federal Government (other than the Department
of Transportation) that are eligible to be expended
for transportation.
(B) INAPPLICABILITY.—For purposes of subparagraph
(A)(ii), the prohibitions on the use of funds for matching
requirements under section 403(a)(5)(C)(ii) of the Social
Security Act shall not apply to Federal or State funds
to be used for transportation services.
(i) PLANNING REQUIREMENTS.—
(1) IN GENERAL.—The requirements of sections 5303
through 5306 of title 49, United States Code, apply to any
grant made under this section.
(2) COORDINATION.—Each application for a grant under
this section shall reflect coordination with and the approval
of affected transit grant recipients. The eligible access to jobs

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 391

projects financed under this section shall be part of a coordinated public transit-human services transportation planning
process.
(j) GRANT REQUIREMENTS.—A grant under this section shall
be subject to—
(1) all of the terms and conditions to which a grant made
under section 5307 of title 49, United States Code, is subject;
and
(2) such other terms and conditions as are determined
by the Secretary.
(k) PROGRAM EVALUATION.—
(1) COMPTROLLER GENERAL.—Beginning 6 months after the
date of enactment of this Act, and every 6 months thereafter,
the Comptroller General of the United States shall—
(A) conduct a study to evaluate the grant program
authorized under this section; and
(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of
the Senate a report describing the results of each study
under subparagraph (A).
(2) DEPARTMENT OF TRANSPORTATION.—Not later than 2
years after the date of enactment of this Act, the Secretary
shall—
(A) conduct a study to evaluate the access to jobs
grant program authorized under this section; and
(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of
the Senate a report describing the results of the study
under subparagraph (A).
(l) AUTHORIZATION AND ALLOCATION.—
(1) IN GENERAL.—
(A) FROM THE TRUST FUND.—There shall be available
from the Mass Transit Account of the Highway Trust Fund
to carry out this section—
(i) $40,000,000 for fiscal year 1999;
(ii) $60,000,000 for fiscal year 2000;
(iii) $80,000,000 for fiscal year 2001;
(iv) $100,000,000 for fiscal year 2002; and
(v) $120,000,000 for fiscal year 2003.
(B) FROM THE GENERAL FUND.—In addition to amounts
made available under subparagraph (A), there are authorized to be appropriated to carry out this section—
(i) $10,000,000 for fiscal year 1999;
(ii) $15,000,000 for fiscal year 2000;
(iii) $20,000,000 for fiscal year 2001;
(iv) $25,000,000 for fiscal year 2002; and
(v) $30,000,000 for fiscal year 2003.
(C) ADDITIONAL AMOUNTS FROM THE GENERAL FUND.—
In addition to amounts made available under subparagraphs (A) and (B), there are authorized to be appropriated
to carry out this section—
(i) $100,000,000 for fiscal year 1999;
(ii) $75,000,000 for fiscal year 2000;
(iii) $50,000,000 for fiscal year 2001; and
(iv) $25,000,000 for fiscal year 2002.

112 STAT. 392

PUBLIC LAW 105–178—JUNE 9, 1998
(2) SET-ASIDE FOR REVERSE COMMUTE PROJECTS.—Of
amounts made available by or appropriated under subparagraphs (A) and (B) of paragraph (1) to carry out this section
in each fiscal year, not more than $10,000,000 shall be used
for grants for reverse commute projects.
(3) ALLOCATION.—The amounts made available by or appropriated under paragraph (1) to carry out this section in each
fiscal year shall be allocated as follows:
(A) 60 percent shall be allocated for eligible projects
in urbanized areas with populations of at least 200,000.
(B) 20 percent shall be allocated for eligible projects
in urbanized areas with populations of at least 200,000.
(C) 20 percent shall be allocated for eligible projects
in areas other than urbanized areas.

49 USC 5310
note.

SEC. 3038. RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE PROGRAM.

(a) DEFINITIONS.—In this section, the following definitions
apply:
(1) INTERCITY, FIXED-ROUTE OVER-THE-ROAD BUS SERVICE.—
The term ‘‘intercity, fixed-route over-the-road bus service’’
means regularly scheduled bus service for the general public,
using an over-the-road bus, that—
(A) operates with limited stops over fixed routes
connecting 2 or more urban areas not in close proximity;
(B) has the capacity for transporting baggage carried
by passengers; and
(C) makes meaningful connections with scheduled
intercity bus service to more distant points.
(2) OTHER OVER-THE-ROAD BUS SERVICE.—The term ‘‘other
over-the-road bus service’’ means any other transportation
using over-the-road buses including local fixed-route service,
commuter service, and charter or tour service (including tour
or excursion service that includes features in addition to bus
transportation such as meals, lodging, admission to points of
interest or special attractions or the services of a tour guide).
(3) OVER-THE-ROAD BUS.—The term ‘‘over-the-road bus’’
means a bus characterized by an elevated passenger deck
located over a baggage compartment.
(b) GENERAL AUTHORITY.—The Secretary shall make grants
under this section to operators of over-the-road buses to finance
the incremental capital and training costs of complying with the
Department of Transportation’s final rule regarding accessibility
of over-the-road buses required by section 306(a)(2)(B) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12186(a)(2)(B)).
(c) GRANT CRITERIA.—In selecting applicants for grants under
this section, the Secretary shall consider—
(1) the identified need for over-the-road bus accessibility
for persons with disabilities in the areas served by the
applicant;
(2) the extent to which the applicant demonstrates innovative strategies and financial commitment to providing access
to over-the-road buses to persons with disabilities;
(3) the extent to which the over-the-road bus operator
acquires equipment required by the final rule prior to any
required timeframe in the final rule;

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 393

(4) the extent to which financing the costs of complying
with the Department of Transportation’s final rule regarding
accessibility of over-the-road buses presents a financial hardship for the applicant; and
(5) the impact of accessibility requirements on the continuation of over-the-road bus service, with particular consideration
of the impact of the requirements on service to rural areas
and for low-income individuals.
(d) COMPETITIVE GRANT SELECTION.—The Secretary shall conduct a national solicitation for applications for grants under this
section. Grantees shall be selected on a competitive basis.
(e) FEDERAL SHARE OF COSTS.—The Federal share of costs
under this section shall be provided from funds made available
to carry out this section. The Federal share of the costs for a
project shall not exceed 50 percent of the project cost.
(f) GRANT REQUIREMENTS.—A grant under this section shall
be subject to all of the terms and conditions applicable to subrecipients who provide intercity bus transportation under section 5311(f)
of title 49, United States Code, and such other terms and conditions
as the Secretary may prescribe.
(g) FUNDING.—
(1) INTERCITY, FIXED-ROUTE OVER-THE-ROAD BUS SERVICE.—
Of amounts made available by or appropriated under section
5338(a)(2) of title 49, United States Code (before allocation
under section 5338(a)(2)(C) of that title), the following amounts
shall be available for operators of intercity, fixed-route overthe-road bus service to finance the incremental capital and
training costs of the Department of Transportation’s final rule
regarding accessibility of over-the-road buses:
(A) $2,000,000 for fiscal year 1999.
(B) $2,000,000 for fiscal year 2000.
(C) $3,000,000 for fiscal year 2001.
(D) $5,250,000 for fiscal year 2002.
(E) $5,250,000 for fiscal year 2003.
(2) OTHER OVER-THE-ROAD BUS SERVICE.—Of amounts made
available by or appropriated under section 5338(a)(2) of title
49, United States Code (before allocation under section
5338(a)(2)(C) of that title), $6,800,000 shall be available for
each of fiscal years 2000 through 2003 for operators of other
over-the-road bus service to finance the incremental capital
and training costs of the Department of Transportation’s final
rule regarding accessibility of over-the-road buses.
SEC. 3039. STUDY OF TRANSIT NEEDS IN NATIONAL PARKS AND
RELATED PUBLIC LANDS.

(a) PURPOSES.—The purposes of this section are to encourage
and promote the development of transportation systems for the
betterment of the national parks and other units of the National
Park System, national wildlife refuges, recreational areas, and other
public lands in order to conserve natural, historical, and cultural
resources and prevent adverse impact, relieve congestion, minimize
transportation fuel consumption, reduce pollution (including noise
and visual pollution), and enhance visitor mobility and accessibility
and the visitor experience.
(b) STUDY.—
(1) IN GENERAL.—The Secretary, in coordination with the
Secretary of the Interior, shall undertake a comprehensive

23 USC 138 note.

112 STAT. 394

PUBLIC LAW 105–178—JUNE 9, 1998
study of alternative transportation needs in national parks
and related public lands managed by Federal land management
agencies in order to carry out the purposes described in subsection (a). The study shall be submitted to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate not later than January 1, 2000.
(2) STUDY ELEMENTS.—The study required by paragraph
(1) shall—
(A) identify transportation strategies that improve the
management of the national parks and related public lands;
(B) identify national parks and related public lands
with existing and potential problems of adverse impact,
high congestion, and pollution, or which can benefit from
alternative transportation modes;
(C) assess the feasibility of alternative transportation
modes; and
(D) identify and estimate the costs of alternative
transportation modes for each of the national parks and
related public lands referred to in paragraph (1).

SEC. 3040. OBLIGATION CEILING.

Notwithstanding any other provision of law, the total of all
obligations from amounts made available from the Mass Transit
Account of the Highway Trust Fund by, and amounts appropriated
under, subsections (a) through (f) of section 5338 of title 49, United
States Code, and subparagraphs (A) and (B) of section 3037(l)(1)
of this Act, shall not exceed—
(1) $5,315,000,000 in fiscal year 1999;
(2) $5,798,000,000 in fiscal year 2000;
(3) $6,271,000,000 in fiscal year 2001;
(4) $6,746,000,000 in fiscal year 2002; and
(5) $7,226,000,000 in fiscal year 2003.
49 USC 5338
note.

SEC. 3041. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION
EXTENSION ACT OF 1997.

(a) IN GENERAL.—Notwithstanding any other provision of law,
the Secretary shall ensure that the total apportionments and allocations made to a designated grant recipient under section 5338
of title 49, United States Code, for fiscal year 1998 shall be reduced
by the amount apportioned to such designated recipient pursuant
to section 8 of the Surface Transportation Extension Act of 1997
(111 Stat. 2559).
(b) FIXED GUIDEWAY MODERNIZATION ADJUSTMENT.—In making
the apportionments described in subsection (a), the Secretary shall
adjust the amount apportioned to each urbanized area for fixed
guideway modernization for fiscal year 1998 to reflect the method
for apportioning funds in section 5337(a) of title 49, United States
Code.

TITLE IV—MOTOR CARRIER SAFETY
SEC. 4001. AMENDMENTS TO TITLE 49, UNITED STATES CODE.

Except as otherwise specifically provided, whenever in this
title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision of law, the

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 395

reference shall be considered to be made to a section or other
provision of title 49, United States Code.
SEC. 4002. STATEMENT OF PURPOSES.

(a) IN GENERAL.—Chapter 311 is amended by inserting before
section 31101 the following:
‘‘§ 31100. Purpose
‘‘The purpose of this subchapter is to ensure that the Secretary,
States, and other political jurisdictions work in partnership to establish programs to improve motor carrier, commercial motor vehicle,
and driver safety to support a safe and efficient transportation
system by—
‘‘(1) focusing resources on strategic safety investments to
promote safe for-hire and private transportation, including
transportation of passengers and hazardous materials, to identify high-risk carriers and drivers, and to invest in activities
likely to generate maximum reductions in the number and
severity of commercial motor vehicle crashes;
‘‘(2) increasing administrative flexibility and developing and
enforcing effective, compatible, and cost-beneficial motor carrier, commercial motor vehicle, and driver safety regulations
and practices, including improving enforcement of State and
local traffic safety laws and regulations;
‘‘(3) assessing and improving statewide program performance by setting program outcome goals, improving problem
identification and countermeasures planning, designing appropriate performance standards, measures, and benchmarks,
improving performance information and analysis systems, and
monitoring program effectiveness;
‘‘(4) ensuring that drivers of commercial motor vehicles
and enforcement personnel obtain adequate training in safe
operational practices and regulatory requirements; and
‘‘(5) advancing promising technologies and encouraging
adoption of safe operational practices.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 311
is amended by inserting before the item relating to section 31101
the following:
‘‘31100. Purpose.’’.
SEC. 4003. STATE GRANTS.

(a) DEFINITIONS.—Section 31101 is amended—
(1) in paragraph (1)(A)—
(A) by inserting ‘‘or gross vehicle weight’’ after ‘‘rating’’;
and
(B) by striking ‘‘10,000 pounds’’ and inserting ‘‘10,001
pounds, whichever is greater’’; and
(2) in paragraph (1)(C) by inserting ‘‘and transported in
a quantity requiring placarding under regulations prescribed
by the Secretary under section 5103’’ after ‘‘title’’.
(b) PERFORMANCE-BASED GRANTS AND HAZARDOUS MATERIALS
TRANSPORTATION SAFETY.—Section 31102 is amended—
(1) in subsection (a)—
(A) by inserting ‘‘improving motor carrier safety and’’
after ‘‘programs for’’; and
(B) by inserting ‘‘, hazardous materials transportation
safety,’’ after ‘‘commercial motor vehicle safety’’; and
(2) in the first sentence of paragraph (b)(1)—

112 STAT. 396

PUBLIC LAW 105–178—JUNE 9, 1998

(A) by striking ‘‘adopt and assume responsibility for
enforcing’’ and inserting ‘‘assume responsibility for improving motor carrier safety and to adopt and enforce’’; and
(B) by inserting ‘‘, hazardous materials transportation
safety,’’ after ‘‘commercial motor vehicle safety’’.
(c) CONTENTS OF STATE PLANS.—Section 31102(b)(1) is
amended—
(1) in subparagraph (J) by inserting ‘‘(1)’’ after ‘‘(c)’’;
(2) by striking subparagraphs (K), (L), and (M) and inserting the following:
‘‘(K) ensures that the State agency will coordinate the
plan, data collection, and information systems with State highway safety programs under title 23;
‘‘(L) ensures participation in SAFETYNET and other
information systems by all appropriate jurisdictions receiving
funding under this section;
‘‘(M) ensures that information is exchanged among the
States in a timely manner;’’;
(3) in subparagraph (O)—
(A) by inserting after ‘‘activities’’ the following: ‘‘in
support of national priorities and performance goals, including’’;
(B) by striking ‘‘to remove’’ in clause (i) and inserting
‘‘activities aimed at removing’’;
(C) by striking ‘‘to provide’’ in clause (ii) and inserting
‘‘activities aimed at providing’’;
(D) by inserting ‘‘and’’ after the semicolon at the end
of clause (ii); and
(E) by striking clauses (iii) and (iv) and inserting the
following:
‘‘(iii) interdiction activities affecting the transportation
of controlled substances by commercial motor vehicle drivers and training on appropriate strategies for carrying
out those interdiction activities;’’;
(4) by striking subparagraph (P) and inserting the
following:
‘‘(P) provides that the State will establish a program to
ensure the proper and timely correction of commercial motor
vehicle safety violations noted during an inspection carried
out with funds authorized under section 31104;’’;
(5) in subparagraph (Q)—
(A) by striking ‘‘31140 and 31146’’ and inserting ‘‘31138
and 31139’’; and
(B) by striking the period at the end and inserting
a semicolon;
(6) by redesignating subparagraphs (A) through (Q) as subparagraphs (B) through (R), respectively;
(7) by inserting before subparagraph (B) (as redesignated
by paragraph (6) of this subsection) the following:
‘‘(A) implements performance-based activities by fiscal
year 2000;’’; and
(8) by adding at the end the following:
‘‘(S) ensures consistent, effective, and reasonable sanctions;
and
‘‘(T) ensures that roadside inspections will be conducted
at a location that is adequate to protect the safety of drivers
and enforcement personnel.’’.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 397

(d) FEDERAL SHARE.—Section 31103 is amended—
(1) by inserting ‘‘(a) COMMERCIAL MOTOR VEHICLE SAFETY
PROGRAMS AND ENFORCEMENT.—’’ before ‘‘The Secretary of
Transportation’’;
(2) by inserting ‘‘improve commercial motor vehicle safety
and’’ before ‘‘enforce’’; and
(3) by adding at the end the following:
‘‘(b) OTHER ACTIVITIES.—The Secretary may reimburse State
agencies, local governments, or other persons up to 100 percent
for public education activities authorized by section 31104(f)(2).’’.
(e) AUTHORIZATION OF APPROPRIATIONS.—Section 31104(a) is
amended to read as follows:
‘‘(a) IN GENERAL.—The following amounts are made available
from the Highway Trust Fund (other than the Mass Transit
Account) for the Secretary of Transportation to incur obligations
to carry out section 31102:
‘‘(1) Not more than $79,000,000 for fiscal year 1998.
‘‘(2) Not more than $90,000,000 for fiscal year 1999.
‘‘(3) Not more than $95,000,000 for fiscal year 2000.
‘‘(4) Not more than $100,000,000 for fiscal year 2001.
‘‘(5) Not more than $105,000,000 for fiscal year 2002.
‘‘(6) Not more than $110,000,000 for fiscal year 2003.’’.
(f) CONFORMING AMENDMENT.—Section 31104(b) is amended
by striking ‘‘(1)’’ and by striking paragraph (2).
(g) ALLOCATION CRITERIA AND ELIGIBILITY.—Section 31104 is
further amended—
(1) by striking subsections (f) and (g) and inserting the
following:
‘‘(f) ALLOCATION CRITERIA AND ELIGIBILITY.—
‘‘(1) IN GENERAL.—On October 1 of each fiscal year or
as soon after that date as practicable and after making the
deduction under subsection (e), the Secretary shall allocate
amounts made available to carry out section 31102 for such
fiscal year among the States with plans approved under section
31102. Such allocation shall be made under such criteria as
the Secretary prescribes by regulation.
‘‘(2) HIGH-PRIORITY AND BORDER ACTIVITIES.—
‘‘(A) HIGH-PRIORITY ACTIVITIES AND PROJECTS.—The
Secretary may designate up to 5 percent of amounts available for allocation under paragraph (1) for States, local
governments, and other persons for carrying out high priority activities and projects that improve commercial motor
vehicle safety and compliance with commercial motor
vehicle safety regulations, including activities and projects
that are national in scope, increase public awareness and
education, or demonstrate new technologies. The amounts
designated under this subparagraph shall be allocated by
the Secretary to State agencies, local governments, and
other persons that use and train qualified officers and
employees in coordination with State motor vehicle safety
agencies.
‘‘(B) BORDER COMMERCIAL MOTOR VEHICLE SAFETY AND
ENFORCEMENT PROGRAMS.—The Secretary may designate
up to 5 percent of amounts available for allocation under
paragraph (1) for States, local governments, and other persons for carrying out border commercial motor vehicle
safety programs and enforcement activities and projects.

112 STAT. 398

49 USC 31101
note.

PUBLIC LAW 105–178—JUNE 9, 1998

The amounts designated under this subparagraph shall
be allocated by the Secretary to State agencies, local
governments, and other persons that use and train qualified officers and employees in coordination with State motor
vehicle safety agencies.’’;
(2) by redesignating subsection (h) as subsection (g);
(3) by striking subsection (i); and
(4) by redesignating subsection (j) as subsection (h).
(h) SAVINGS CLAUSE.—Amendments made by this section shall
not affect any funds made available before the date of enactment
of this Act.
SEC. 4004. INFORMATION SYSTEMS.

(a) IN GENERAL.—Section 31106 is amended to read as follows:
‘‘§ 31106. Information systems
‘‘(a) INFORMATION SYSTEMS AND DATA ANALYSIS.—
‘‘(1) IN GENERAL.—Subject to the provisions of this section,
the Secretary shall establish and operate motor carrier,
commercial motor vehicle, and driver information systems and
data analysis programs to support safety regulatory and
enforcement activities required under this title.
‘‘(2) NETWORK COORDINATION.—In cooperation with the
States, the information systems under this section shall be
coordinated into a network providing accurate identification
of motor carriers and drivers, commercial motor vehicle registration and license tracking, and motor carrier, commercial
motor vehicle, and driver safety performance data.
‘‘(3) DATA ANALYSIS CAPACITY AND PROGRAMS.—The Secretary shall develop and maintain under this section data analysis capacity and programs that provide the means to—
‘‘(A) identify and collect necessary motor carrier,
commercial motor vehicle, and driver data;
‘‘(B) evaluate the safety fitness of motor carriers and
drivers;
‘‘(C) develop strategies to mitigate safety problems and
to use data analysis to address and measure the effectiveness of such strategies and related programs;
‘‘(D) determine the cost-effectiveness of Federal and
State safety compliance and enforcement programs and
other countermeasures; and
‘‘(E) adapt, improve, and incorporate other information
and information systems as the Secretary determines
appropriate.
‘‘(4) STANDARDS.—To implement this section, the Secretary
shall prescribe technical and operational standards to ensure—
‘‘(A) uniform, timely, and accurate information collection and reporting by the States and other entities as
determined appropriate by the Secretary;
‘‘(B) uniform Federal, State, and local policies and
procedures necessary to operate the information system;
and
‘‘(C) the reliability and availability of the information
to the Secretary and States.
‘‘(b)
PERFORMANCE
AND
REGISTRATION
INFORMATION
PROGRAM.—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 399

‘‘(1) INFORMATION CLEARINGHOUSE.—The Secretary shall
include, as part of the motor carrier information system authorized by this section, a program to establish and maintain a
clearinghouse and repository of information related to State
registration and licensing of commercial motor vehicles, the
registrants of such vehicles, and the motor carriers operating
such vehicles. The clearinghouse and repository may include
information on the safety fitness of each of the motor carriers
and registrants and other information the Secretary considers
appropriate, including information on motor carrier, commercial
motor vehicle, and driver safety performance.
‘‘(2) DESIGN.—The program shall link Federal motor carrier
safety information systems with State driver and commercial
vehicle registration and licensing systems and shall be designed
to enable a State to—
‘‘(A) determine the safety fitness of a motor carrier
or registrant when licensing or registering the registrant
or motor carrier or while the license or registration is
in effect; and
‘‘(B) decide, in cooperation with the Secretary, whether
and what types of sanctions or operating limitations to
impose on the motor carrier or registrant to ensure safety.
‘‘(3) CONDITIONS FOR PARTICIPATION.—The Secretary shall
require States, as a condition of participation in the program,
to—
‘‘(A) comply with the uniform policies, procedures, and
technical and operational standards prescribed by the Secretary under subsection (a)(4); and
‘‘(B) possess or seek authority to impose commercial
motor vehicle registration sanctions on the basis of a Federal safety fitness determination.
‘‘(4) FUNDING.—The Secretary may make available up to
50 percent of the amounts available to carry out this section
by section 31107 in each of fiscal years 1998, 1999, 2000,
2001, 2002, and 2003 to carry out this subsection. The Secretary
is encouraged to direct no less than 80 percent of amounts
made available to carry out this subsection to States that
have not previously received financial assistance to develop
or implement the information systems authorized by this section.
‘‘(c) COMMERCIAL MOTOR VEHICLE DRIVER SAFETY PROGRAM.—
In coordination with the information system under section 31309,
the Secretary is authorized to establish a program to improve
commercial motor vehicle driver safety. The objectives of the program shall include—
‘‘(1) enhancing the exchange of driver licensing information
among the States, the Federal Government, and foreign countries;
‘‘(2) providing information to the judicial system on
commercial motor vehicle drivers;
‘‘(3) evaluating any aspect of driver performance that the
Secretary determines appropriate; and
‘‘(4) developing appropriate strategies and countermeasures
to improve driver safety.
‘‘(d) COOPERATIVE AGREEMENTS, GRANTS, AND CONTRACTS.—
The Secretary may carry out this section either independently or
in cooperation with other Federal departments, agencies, and

112 STAT. 400

PUBLIC LAW 105–178—JUNE 9, 1998

instrumentalities, or by making grants to, and entering into contracts and cooperative agreements with, States, local governments,
associations, institutions, corporations, and other persons.
‘‘(e) INFORMATION AVAILABILITY AND PRIVACY PROTECTION POLICY.—The Secretary shall develop a policy on making information
available from the information systems authorized by this section
and section 31309. The policy shall be consistent with existing
Federal information laws, including regulations, and shall provide
for review and correction of such information in a timely manner.’’.
(b) CONTRACT AUTHORITY FUNDING.—Section 31107 is amended
to read as follows:
‘‘§ 31107. Contract authority funding for information systems
‘‘(a) FUNDING.—There shall be available from the Highway
Trust Fund (other than the Mass Transit Account) to carry out
sections 31106 and 31309 of this title—
‘‘(1) $6,000,000 for fiscal year 1998;
‘‘(2) $10,000,000 for each of fiscal years 1999 and 2000;
and
‘‘(3) $12,000,000 for each of fiscal years 2001 through 2002.
‘‘(4) $15,000,000 for fiscal year 2003.
The amounts made available under this subsection shall remain
available until expended.
‘‘(b) CONTRACT AUTHORITY.—Approval by the Secretary of a
grant with funds made available under this section imposes upon
the United States Government a contractual obligation for payment
of the Government’s share of costs incurred in carrying out the
objectives of the grant.’’.
(c) SUBCHAPTER HEADING.—The heading for subchapter I of
chapter 311 is amended by inserting after ‘‘GRANTS’’ the following:
‘‘AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS’’.
(d) CONFORMING AMENDMENTS.—The analysis for chapter 311
is amended—
(1) by striking
‘‘SUBCHAPTER I—STATE GRANTS’’

and inserting
‘‘SUBCHAPTER I—STATE GRANTS AND OTHER COMMERCIAL MOTOR
VEHICLE PROGRAMS’’;

and
(2) by striking the items relating to sections 31106 and
31107 and inserting the following:
‘‘31106. Information systems.
‘‘31107. Contract authority funding for information systems.’’.
SEC. 4005. AUTOMOBILE TRANSPORTER DEFINED.

Section 31111(a) is amended—
(1) by striking ‘‘section—’’ and inserting ‘‘section, the following definitions apply:’’;
(2) by inserting after ‘‘(1)’’ the following: ‘‘MAXI-CUBE
VEHICLE.—The term’’;
(3) by inserting after ‘‘(2)’’ the following: ‘‘TRUCK TRACTOR.—
The term’’;
(4) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(5) by inserting before paragraph (2), as so redesignated,
the following:

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 401

‘‘(1) AUTOMOBILE TRANSPORTER.—The term ‘automobile
transporter’ means any vehicle combination designed and used
specifically for the transport of assembled highway vehicles,
including truck camper units.’’.
SEC. 4006. INSPECTIONS AND REPORTS.

(a) GENERAL POWERS OF THE SECRETARY.—Section 31133(a)(1)
is amended by inserting ‘‘and make contracts for’’ after ‘‘conduct’’.
(b) REPORTS AND RECORDS.—Section 504(c) is amended by
inserting ‘‘(and, in the case of a motor carrier, a contractor)’’ after
‘‘employee’’.
SEC. 4007. WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS.

(a) IN GENERAL.—Section 31315 is amended to read as follows:
‘‘§ 31315. Waivers, exemptions, and pilot programs
‘‘(a) WAIVERS.—The Secretary may grant a waiver that relieves
a person from compliance in whole or in part with a regulation
issued under this chapter or section 31136 if the Secretary determines that it is in the public interest to grant the waiver and
that the waiver is likely to achieve a level of safety that is equivalent
to, or greater than, the level of safety that would be obtained
in the absence of the waiver—
‘‘(1) for a period not in excess of 3 months;
‘‘(2) limited in scope and circumstances;
‘‘(3) for nonemergency and unique events; and
‘‘(4) subject to such conditions as the Secretary may impose.
‘‘(b) EXEMPTIONS.—
‘‘(1) IN GENERAL.—Upon receipt of a request pursuant to
paragraph (3), the Secretary of Transportation may grant to
a person or class of persons an exemption from a regulation
prescribed under this chapter or section 31136 if the Secretary
finds such exemption would likely achieve a level of safety
that is equivalent to, or greater than, the level that would
be achieved absent such exemption. An exemption may be
granted for no longer than 2 years from its approval date
and may be renewed upon application to the Secretary.
‘‘(2) AUTHORITY TO REVOKE EXEMPTION.—The Secretary
shall immediately revoke an exemption if—
‘‘(A) the person fails to comply with the terms and
conditions of such exemption;
‘‘(B) the exemption has resulted in a lower level of
safety than was maintained before the exemption was
granted; or
‘‘(C) continuation of the exemption would not be
consistent with the goals and objectives of this chapter
or section 31136, as the case may be.
‘‘(3) REQUESTS FOR EXEMPTION.—Not later than 180 days
after the date of enactment of this section and after notice
and an opportunity for public comment, the Secretary shall
specify by regulation the procedures by which a person may
request an exemption. Such regulations shall, at a minimum,
require the person to provide the following information for
each exemption request:
‘‘(A) The provisions from which the person requests
exemption.
‘‘(B) The time period during which the requested
exemption would apply.

Notice.
Regulations.

112 STAT. 402

Federal Register,
publication.

Federal Register,
publication.

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘(C) An analysis of the safety impacts the requested
exemption may cause.
‘‘(D) The specific countermeasures the person would
undertake to ensure an equivalent or greater level of safety
than would be achieved absent the requested exemption.
‘‘(4) NOTICE AND COMMENT.—
‘‘(A) UPON RECEIPT OF A REQUEST.—Upon receipt of
an exemption request, the Secretary shall publish in the
Federal Register a notice explaining the request that has
been filed and shall give the public an opportunity to
inspect the safety analysis and any other relevant information known to the Secretary and to comment on the request.
This subparagraph does not require the release of information protected by law from public disclosure.
‘‘(B) UPON GRANTING A REQUEST.—Upon granting a
request for exemption, the Secretary shall publish in the
Federal Register the name of the person granted the
exemption, the provisions from which the person will be
exempt, the effective period, and all terms and conditions
of the exemption.
‘‘(C) AFTER DENYING A REQUEST.—After denying a
request for exemption, the Secretary shall publish in the
Federal Register the name of the person denied the exemption and the reasons for such denial. The Secretary may
meet the requirement of this subparagraph by periodically
publishing in the Federal Register the names of persons
denied exemptions and the reasons for such denials.
‘‘(5) APPLICATIONS TO BE DEALT WITH PROMPTLY.—The Secretary shall grant or deny an exemption request after a thorough review of its safety implications, but in no case later
than 180 days after the filing date of such request.
‘‘(6) TERMS AND CONDITIONS.—The Secretary shall establish
terms and conditions for each exemption to ensure that it
will likely achieve a level of safety that is equivalent to, or
greater than, the level that would be achieved absent such
exemption. The Secretary shall monitor the implementation
of the exemption to ensure compliance with its terms and
conditions.
‘‘(7) NOTIFICATION OF STATE COMPLIANCE AND ENFORCEMENT PERSONNEL.—Before granting a request for exemption,
the Secretary shall notify State safety compliance and enforcement personnel, including roadside inspectors, and the public
that a person will be operating pursuant to an exemption
and any terms and conditions that will apply to the exemption.
‘‘(c) PILOT PROGRAMS.—
‘‘(1) IN GENERAL.—The Secretary may conduct pilot programs to evaluate alternatives to regulations relating to, or
innovative approaches to, motor carrier, commercial motor
vehicle, and driver safety. Such pilot programs may include
exemptions from a regulation prescribed under this chapter
or section 31136 if the pilot program contains, at a minimum,
the elements described in paragraph (2). The Secretary shall
publish in the Federal Register a detailed description of each
pilot program, including the exemptions to be considered, and
provide notice and an opportunity for public comment before
the effective date of the program.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 403

‘‘(2) PROGRAM ELEMENTS.—In proposing a pilot program
and before granting exemptions for purposes of a pilot program,
the Secretary shall require, as a condition of approval of the
project, that the safety measures in the project are designed
to achieve a level of safety that is equivalent to, or greater
than, the level of safety that would otherwise be achieved
through compliance with the regulations prescribed under this
chapter or section 31136. The Secretary shall include, at a
minimum, the following elements in each pilot program plan:
‘‘(A) A scheduled life of each pilot program of not
more than 3 years.
‘‘(B) A specific data collection and safety analysis plan
that identifies a method for comparison.
‘‘(C) A reasonable number of participants necessary
to yield statistically valid findings.
‘‘(D) An oversight plan to ensure that participants comply with the terms and conditions of participation.
‘‘(E) Adequate countermeasures to protect the health
and safety of study participants and the general public.
‘‘(F) A plan to inform State partners and the public
about the pilot program and to identify approved participants to safety compliance and enforcement personnel and
to the public.
‘‘(3) AUTHORITY TO REVOKE PARTICIPATION.—The Secretary
shall immediately revoke participation in a pilot program of
a motor carrier, commercial motor vehicle, or driver for failure
to comply with the terms and conditions of the pilot program
or if continued participation would not be consistent with the
goals and objectives of this chapter or section 31136, as the
case may be.
‘‘(4) AUTHORITY TO TERMINATE PROGRAM.—The Secretary
shall immediately terminate a pilot program if its continuation
would not be consistent with the goals and objectives of this
chapter or section 31136, as the case may be.
‘‘(5) REPORT TO CONGRESS.—At the conclusion of each pilot
program, the Secretary shall report to Congress the findings,
conclusions, and recommendations of the program, including
suggested amendments to laws and regulations that would
enhance motor carrier, commercial motor vehicle, and driver
safety and improve compliance with national safety standards.
‘‘(d) PREEMPTION OF STATE RULES.—During the time period
that a waiver, exemption, or pilot program is in effect under this
chapter or section 31136, no State shall enforce any law or regulation that conflicts with or is inconsistent with the waiver, exemption, or pilot program with respect to a person operating under
the waiver or exemption or participating in the pilot program.’’.
(b) CHAPTER ANALYSIS AMENDMENT.—The analysis for chapter
313 is amended by striking the item relating to section 31315
and inserting the following:
‘‘31315. Waivers, exemptions, and pilot programs.’’.

(c) CONFORMING AMENDMENT.—Section 31136(e) of such title
is amended to read as follows:
‘‘(e) EXEMPTIONS.—The Secretary may grant in accordance with
section 31315 waivers and exemptions from, or conduct pilot programs with respect to, any regulations prescribed under this section.’’.

112 STAT. 404
49 USC 31136
note.

PUBLIC LAW 105–178—JUNE 9, 1998

(d) PROTECTION OF EXISTING EXEMPTIONS.—The amendments
made by this section shall not apply to or otherwise affect a waiver,
exemption, or pilot program in effect on the day before the date
of enactment of this Act under chapter 313 or section 31136(e)
of title 49, United States Code.
SEC. 4008. SAFETY REGULATION.

49 USC 31136
note.

(a) COMMERCIAL MOTOR VEHICLE DEFINED.—Section 31132(1)
is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘or gross vehicle weight’’ after ‘‘rating’’;
and
(B) by inserting ‘‘, whichever is greater’’ after ‘‘pounds’’;
and
(2) in subparagraph (B) by striking ‘‘passengers’’ and all
that follows through the semicolon at the end and inserting
‘‘more than 8 passengers (including the driver) for compensation;’’.
(b) APPLICATION OF REGULATIONS TO CERTAIN COMMERCIAL
MOTOR VEHICLES.—Effective on the last day of the 1-year period
beginning on the date of enactment of this Act, regulations prescribed under section 31136 of title 49, United States Code, shall
apply to operators of commercial motor vehicles described in section
31132(1)(B) of such title (as amended by subsection (a)) to the
extent that those regulations did not apply to those operators on
the day before such effective date, except to the extent that the
Secretary determines, through a rulemaking proceeding, that it
is appropriate to exempt such operators of commercial motor
vehicles from the application of those regulations.
(c) REPEAL OF REVIEW PANEL.—Section 31134, and the item
relating to such section in the analysis for chapter 311, are repealed.
(d) REPEAL OF SUBMISSION TO REVIEW PANEL.—Section 31140,
and the item relating to such section in the analysis for chapter
311, are repealed.
(e) REVIEW PROCEDURE.—Section 31141 is amended—
(1) by striking subsections (b) and (c) and inserting the
following:
‘‘(b) SUBMISSION OF REGULATION.—A State receiving funds
made available under section 31104 that enacts a State law or
issues a regulation on commercial motor vehicle safety shall submit
a copy of the law or regulation to the Secretary immediately after
the enactment or issuance.
‘‘(c) REVIEW AND DECISIONS BY SECRETARY.—
‘‘(1) REVIEW.—The Secretary shall review State laws and
regulations on commercial motor vehicle safety. The Secretary
shall decide whether the State law or regulation—
‘‘(A) has the same effect as a regulation prescribed
by the Secretary under section 31136;
‘‘(B) is less stringent than such regulation; or
‘‘(C) is additional to or more stringent than such regulation.
‘‘(2) REGULATIONS WITH SAME EFFECT.—If the Secretary
decides a State law or regulation has the same effect as a
regulation prescribed by the Secretary under section 31136
of this title, the State law or regulation may be enforced.
‘‘(3) LESS STRINGENT REGULATIONS.—If the Secretary
decides a State law or regulation is less stringent than a

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 405

regulation prescribed by the Secretary under section 31136
of this title, the State law or regulation may not be enforced.
‘‘(4) ADDITIONAL OR MORE STRINGENT REGULATIONS.—If the
Secretary decides a State law or regulation is additional to
or more stringent than a regulation prescribed by the Secretary
under section 31136 of this title, the State law or regulation
may be enforced unless the Secretary also decides that—
‘‘(A) the State law or regulation has no safety benefit;
‘‘(B) the State law or regulation is incompatible with
the regulation prescribed by the Secretary; or
‘‘(C) enforcement of the State law or regulation would
cause an unreasonable burden on interstate commerce.
‘‘(5) CONSIDERATION OF EFFECT ON INTERSTATE COMMERCE.—In deciding under paragraph (4) whether a State law
or regulation will cause an unreasonable burden on interstate
commerce, the Secretary may consider the effect on interstate
commerce of implementation of that law or regulation with
the implementation of all similar laws and regulations of other
States.’’;
(2) by striking subsection (e); and
(3) by redesignating subsections (f), (g), and (h) as subsections (e), (f), and (g), respectively.
(f) INSPECTION OF SAFETY EQUIPMENT.—Section 31142(a) is
amended by striking ‘‘part 393 of title 49, Code of Federal Regulations’’ and inserting ‘‘the regulations issued under section 31136’’.
(g) PROTECTION OF STATES PARTICIPATING IN STATE GROUPS.—
Section 31142(c)(1)(C) is amended to read as follows:
‘‘(C) prevent a State from participating in the activities
of a voluntary group of States enforcing a program for
inspection of commercial motor vehicles; or’’.
SEC. 4009. SAFETY FITNESS.

(a) IN GENERAL.—Section 31144 is amended to read as follows:
‘‘§ 31144. Safety fitness of owners and operators
‘‘(a) IN GENERAL.—The Secretary shall—
‘‘(1) determine whether an owner or operator is fit to operate safely commercial motor vehicles;
‘‘(2) periodically update such safety fitness determinations;
‘‘(3) make such final safety fitness determinations readily
available to the public; and
‘‘(4) prescribe by regulation penalties for violations of this
section consistent with section 521.
‘‘(b) PROCEDURE.—The Secretary shall maintain by regulation
a procedure for determining the safety fitness of an owner or
operator. The procedure shall include, at a minimum, the following
elements:
‘‘(1) Specific initial and continuing requirements with which
an owner or operator must comply to demonstrate safety fitness.
‘‘(2) A methodology the Secretary will use to determine
whether an owner or operator is fit.
‘‘(3) Specific time frames within which the Secretary will
determine whether an owner or operator is fit.
‘‘(c) PROHIBITED TRANSPORTATION.—
‘‘(1) IN GENERAL.—Except as provided in sections
521(b)(5)(A) and 5113 and this subsection, an owner or operator
who the Secretary determines is not fit may not operate

Regulations.
Regulations.

112 STAT. 406

PUBLIC LAW 105–178—JUNE 9, 1998

commercial motor vehicles in interstate commerce beginning
on the 61st day after the date of such fitness determination
and until the Secretary determines such owner or operator
is fit.
‘‘(2) OWNERS OR OPERATORS TRANSPORTING PASSENGERS.—
With regard to owners or operators of commercial motor
vehicles designed or used to transport passengers, an owner
or operator who the Secretary determines is not fit may not
operate in interstate commerce beginning on the 46th day
after the date of such fitness determination and until the Secretary determines such owner or operator is fit.
‘‘(3) OWNERS OR OPERATORS TRANSPORTING HAZARDOUS
MATERIAL.—With regard to owners or operators of commercial
motor vehicles designed or used to transport hazardous material
for which placarding of a motor vehicle is required under regulations prescribed under chapter 51, an owner or operator who
the Secretary determines is not fit may not operate in interstate
commerce beginning on the 46th day after the date of such
fitness determination and until the Secretary determines such
owner or operator is fit.
‘‘(4) SECRETARY’S DISCRETION.—Except for owners or operators described in paragraphs (2) and (3), the Secretary may
allow an owner or operator who is not fit to continue operating
for an additional 60 days after the 61st day after the date
of the Secretary’s fitness determination, if the Secretary determines that such owner or operator is making a good faith
effort to become fit.
‘‘(d) REVIEW OF FITNESS DETERMINATIONS.—
‘‘(1) IN GENERAL.—Not later than 45 days after an unfit
owner or operator requests a review, the Secretary shall review
such owner’s or operator’s compliance with those requirements
with which the owner or operator failed to comply and resulted
in the Secretary determining that the owner or operator was
not fit.
‘‘(2) OWNERS OR OPERATORS TRANSPORTING PASSENGERS.—
Not later than 30 days after an unfit owner or operator of
commercial motor vehicles designed or used to transport passengers requests a review, the Secretary shall review such
owner’s or operator’s compliance with those requirements with
which the owner or operator failed to comply and resulted
in the Secretary determining that the owner or operator was
not fit.
‘‘(3) OWNERS OR OPERATORS TRANSPORTING HAZARDOUS
MATERIAL.—Not later than 30 days after an unfit owner or
operator of commercial motor vehicles designed or used to transport hazardous material for which placarding of a motor vehicle
is required under regulations prescribed under chapter 51, the
Secretary shall review such owner’s or operator’s compliance
with those requirements with which the owner or operator
failed to comply and resulted in the Secretary determining
that the owner or operator was not fit.
‘‘(e) PROHIBITED GOVERNMENT USE.—A department, agency, or
instrumentality of the United States Government may not use
to provide any transportation service an owner or operator who
the Secretary has determined is not fit until the Secretary determines such owner or operator is fit.’’.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 407

(b) CONFORMING AMENDMENT.—Section 5113 is amended by
striking subsections (a), (b), (c), and (d) and inserting the following:
‘‘See section 31144.’’.
SEC. 4010. REPEAL OF CERTAIN OBSOLETE MISCELLANEOUS AUTHORITIES.

49 USC 31161,
31162.

Subchapter IV of chapter 311 (including sections 31161 and
31162), and the items relating to such subchapter and sections
in the analysis for chapter 311, are repealed.
SEC. 4011. COMMERCIAL VEHICLE OPERATORS.

(a) COMMERCIAL MOTOR VEHICLE DEFINED.—Section 31301(4)
is amended—
(1) in subparagraph (A)—
(A) by inserting ‘‘or gross vehicle weight’’ after ‘‘rating’’
the first 2 places it appears; and
(B) by inserting ‘‘, whichever is greater,’’ after ‘‘pounds’’
the first place it appears; and
(2) in subparagraph (C)(ii)—
(A) by inserting ‘‘is’’ before ‘‘transporting’’ each place
it appears; and
(B) by inserting ‘‘is’’ before ‘‘not otherwise’’.
(b) PROHIBITION ON CMV OPERATION WITHOUT CDL.—
(1) IN GENERAL.—Section 31302 of such title is amended
to read as follows:
‘‘§ 31302. Commercial driver’s license requirement
‘‘No individual shall operate a commercial motor vehicle without
a valid commercial driver’s license issued in accordance with section
31308. An individual operating a commercial motor vehicle may
have only one driver’s license at any time.’’.
(2) CONFORMING AMENDMENT.—The item relating to section
31302 in the analysis for chapter 313 is amended to read
as follows:
‘‘31302. Commercial driver’s license requirement.’’.

(c) UNIQUE IDENTIFIERS IN CDLS.—
(1) IN GENERAL.—Section 31308(2) is amended by inserting
before the semicolon ‘‘and each license issued after January
1, 2001, include unique identifiers (which may include biometric
identifiers) to minimize fraud and duplication’’.
(2) DEADLINE FOR ISSUANCE OF REGULATIONS.—Not later
than 180 days after the date of enactment of this Act, the
Secretary shall issue regulations to carry out the amendment
made by paragraph (1).
(d) COMMERCIAL DRIVER’S LICENSE INFORMATION SYSTEM.—Section 31309 of such title is amended—
(1) in subsection (a) by striking ‘‘make an agreement under
subsection (b) of this section for the operation of, or establish
under subsection (c) of this section,’’ and inserting ‘‘maintain’’;
(2) by inserting after the first sentence of subsection (a)
the following: ‘‘The system shall be coordinated with activities
carried out under section 31106.’’;
(3) by striking subsections (b) and (c);
(4) by striking subsection (d)(2) and inserting the following:
‘‘(2) The information system under this section must accommodate any unique identifiers required to minimize fraud or duplication of a commercial driver’s license under section 31308(2).’’;

49 USC 31308
note.

112 STAT. 408

PUBLIC LAW 105–178—JUNE 9, 1998

(5) by striking subsection (e) and inserting the following:
‘‘(e) AVAILABILITY OF INFORMATION.—Information in the
information system shall be made available and subject to review
and correction in accordance with the policy developed under section
31106(e).’’;
(6) in subsection (f) by striking ‘‘If the Secretary establishes
an information system under this section, the’’ and inserting
‘‘The’’;
(7) by striking ‘‘shall’’ in the first sentence of subsection
(f) and inserting ‘‘may’’; and
(8) by redesignating subsections (d), (e), and (f) as subsections (b), (c), and (d), respectively.
(e) REQUIREMENTS FOR STATE PARTICIPATION.—Section 31311(a)
is amended—
(1) in paragraph (15) by striking ‘‘section 31310(b)–(e) of
this title’’ and inserting ‘‘subsections (b)–(e), (g)(1)(A), and (g)(2)
of section 31310’’;
(2) by striking paragraph (17); and
(3) by redesignating paragraph (18) as paragraph (17).
(f) REPEAL OF OBSOLETE GRANT PROGRAMS.—Sections 31312
and 31313, and the items relating to such sections in the analysis
for chapter 313, are repealed.
(g) UPDATING AMENDMENTS.—Section 31314 is amended—
(1) by striking ‘‘(2), (5), and (6)’’ each place it appears
in subsections (a) and (b) and inserting ‘‘(3), and (5)’’;
(2) in subsection (c) by striking ‘‘(1) Amounts’’ and all
that follows through ‘‘(2) Amounts’’ and inserting ‘‘Amounts’’;
(3) by striking subsection (d); and
(4) by redesignating subsection (e) as subsection (d).
SEC. 4012. EXEMPTION FROM CERTAIN REGULATIONS FOR UTILITY
SERVICE COMMERCIAL MOTOR VEHICLE DRIVERS.

(a) IN GENERAL.—Section 31502 is amended by adding at the
end the following:
‘‘(e) EXCEPTION.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, regulations issued under this section or section 31136
regarding—
‘‘(A) maximum driving and on-duty times applicable
to operators of commercial motor vehicles,
‘‘(B) physical testing, reporting, or recordkeeping, and
‘‘(C) the installation of automatic recording devices
associated with establishing the maximum driving and onduty times referred to in subparagraph (A),
shall not apply to any driver of a utility service vehicle during
an emergency period of not more than 30 days declared by
an elected State or local government official under paragraph
(2) in the area covered by the declaration.
‘‘(2) DECLARATION OF EMERGENCY.—An elected State or
local government official or elected officials of more than one
State or local government jointly may issue an emergency declaration for purposes of paragraph (1) after notice to the
Regional Director of the Federal Highway Administration with
jurisdiction over the area covered by the declaration.
‘‘(3) INCIDENT REPORT.—Within 30 days after the end of
the declared emergency period the official who issued the emergency declaration shall file with the Regional Director a report

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 409

of each safety-related incident or accident that occurred during
the emergency period involving—
‘‘(A) a utility service vehicle driver to which the declaration applied; or
‘‘(B) a utility service vehicle of the driver to which
the declaration applied.
‘‘(4) DEFINITIONS.—In this subsection, the following definitions apply:
‘‘(A) DRIVER OF A UTILITY SERVICE VEHICLE.—The term
‘driver of a utility service vehicle’ means any driver who
is considered to be a driver of a utility service vehicle
for purposes of section 345(a)(4) of the National Highway
System Designation Act of 1995 (49 U.S.C. 31136 note;
109 Stat. 613).
‘‘(B) UTILITY SERVICE VEHICLE.—The term ‘utility service vehicle’ has the meaning that term has under section
345(e)(6) of the National Highway System Designation Act
of 1995 (49 U.S.C. 31136 note; 109 Stat 614–615).’’.
(b) CONTINUED APPLICATION OF SAFETY AND MAINTENANCE
REQUIREMENTS.—
(1) IN GENERAL.—The amendment made by subsection (a)
may not be construed—
(A) to exempt any utility service vehicle from compliance with any applicable provision of law relating to vehicle
mechanical safety, maintenance requirements, or inspections; or
(B) to exempt any driver of a utility service vehicle
from any applicable provision of law (including any regulation) established for the issuance, maintenance, or periodic
renewal of a commercial driver’s license for that driver.
(2) DEFINITIONS.—In this subsection, the following definitions apply:
(A) COMMERCIAL DRIVER’S LICENSE.—The term
‘‘commercial driver’s license’’ has the meaning that term
has under section 31301 of title 49, United States Code.
(B) DRIVER OF A UTILITY SERVICE VEHICLE.—The term
‘‘driver of a utility service vehicle’’ has the meaning that
term has under section 31502(e)(2) of such title.
(C) REGULATION.—The term ‘‘regulation’’ has the meaning that term has under section 31132 of such title.
(D) UTILITY SERVICE VEHICLE.—The term ‘‘utility service vehicle’’ has the meaning that term has under section
345(e)(6) of the National Highway System Designation Act
of 1995 (49 U.S.C. 31136 note; 109 Stat. 614–615).
SEC. 4013. PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN
AND INTERNATIONAL FUEL TAX AGREEMENT.

Sections 31702, 31703, and 31708, and the items relating to
such sections in the analysis for chapter 317, are repealed.
SEC. 4014. SAFETY PERFORMANCE HISTORY OF NEW DRIVERS; LIMITATION ON LIABILITY.

(a) IN GENERAL.—
(1) IN GENERAL.—Chapter 5 is amended by adding at the
end the following:

49 USC 31502
note.

112 STAT. 410
Regulations.

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘§ 508. Safety performance history of new drivers; limitation
on liability
‘‘(a) LIMITATION ON LIABILITY.—No action or proceeding for
defamation, invasion of privacy, or interference with a contract
that is based on the furnishing or use of safety performance records
in accordance with regulations issued by the Secretary may be
brought against—
‘‘(1) a motor carrier requesting the safety performance
records of an individual under consideration for employment
as a commercial motor vehicle driver as required by and in
accordance with regulations issued by the Secretary;
‘‘(2) a person who has complied with such a request; or
‘‘(3) the agents or insurers of a person described in paragraph (1) or (2).
‘‘(b) RESTRICTIONS ON APPLICABILITY.—
‘‘(1) MOTOR CARRIER REQUESTING.—Subsection (a) does not
apply to a motor carrier requesting safety performance records
unless—
‘‘(A) the motor carrier and any agents of the motor
carrier have complied with the regulations issued by the
Secretary in using the records, including the requirement
that the individual who is the subject of the records be
afforded a reasonable opportunity to review and comment
on the records;
‘‘(B) the motor carrier and any agents and insurers
of the motor carrier have taken all precautions reasonably
necessary to protect the records from disclosure to any
person, except for such an insurer, not directly involved
in deciding whether to hire that individual; and
‘‘(C) the motor carrier has used those records only
to assess the safety performance of the individual who
is the subject of those records in deciding whether to hire
that individual.
‘‘(2) PERSON COMPLYING WITH REQUESTS.—Subsection (a)
does not apply to a person complying with a request for safety
performance records unless—
‘‘(A) the complying person and any agents of the
complying person have taken all precautions reasonably
necessary to ensure the accuracy of the records and have
complied with the regulations issued by the Secretary in
furnishing the records, including the requirement that the
individual who is the subject of the records be afforded
a reasonable opportunity to review and comment on the
records; and
‘‘(B) the complying person and any agents and insurers
of the complying person have taken all precautions reasonably necessary to protect the records from disclosure to
any person, except for such an insurer, not directly involved
in forwarding the records.
‘‘(3) PERSONS KNOWINGLY FURNISHING FALSE INFORMATION.—Subsection (a) does not apply to persons who knowingly
furnish false information.
‘‘(c) PREEMPTION OF STATE AND LOCAL LAW.—No State or political subdivision thereof may enact, prescribe, issue, continue in
effect, or enforce any law (including any regulation, standard, or
other provision having the force and effect of law) that prohibits,

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 411

penalizes, or imposes liability for furnishing or using safety performance records in accordance with regulations issued by the Secretary
to carry out this section. Notwithstanding any provision of law,
written authorization shall not be required to obtain information
on the motor vehicle driving record of an individual under consideration for employment with a motor carrier.’’.
(2) CONFORMING AMENDMENT.—The analysis for chapter
5 is amended by inserting after the item relating to section
507 the following:
‘‘508. Safety performance history of new drivers; limitation on liability.’’.

(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect on January 31, 1999.
(c) SAFETY PERFORMANCE HISTORY OF NEW DRIVERS.—
(1) MATTERS TO BE INCLUDED.—As part of the rulemaking
that the Secretary is conducting under section 114 of the
Hazardous Materials Transportation Authorization Act of 1994
(108 Stat. 1677–1678) to amend section 391.23 of title 49,
Code of Federal Regulations (or successor regulations thereto),
the Secretary shall amend such section 391.23 (in addition
to the matters set forth in such section 114) to provide protection for driver privacy and to establish procedures for review,
correction, and rebuttal of the safety performance records of
a commercial motor vehicle driver.
(2) COMPLETION.—The rulemaking and the amendments
referred to in paragraph (1) shall be completed by January
31, 1999.
SEC. 4015. PENALTIES.

(a) NOTIFICATION OF
DURES.—Section 521(b)(1)

VIOLATIONS AND ENFORCEMENT PROCEis amended—
(1) in the third sentence of subparagraph (A) by striking
‘‘fix a reasonable time for abatement of the violation,’’; and
(2) by striking subparagraph (B) and inserting the
following:
‘‘(B) NONAPPLICABILITY TO REPORTING AND RECORDKEEPING VIOLATIONS.—Subparagraph (A) shall not apply
to reporting and recordkeeping violations.’’.
(b) CIVIL PENALTIES.—Section 521(b)(2) is amended—
(1) by striking subparagraph (A) and inserting the
following:
‘‘(A) IN GENERAL.—Except as otherwise provided in
this subsection, any person who is determined by the Secretary, after notice and opportunity for a hearing, to have
committed an act that is a violation of regulations issued
by the Secretary under subchapter III of chapter 311
(except sections 31138 and 31139) or section 31502 of this
title shall be liable to the United States for a civil penalty
in an amount not to exceed $10,000 for each offense. Notwithstanding any other provision of this section (except
subparagraph (C)), no civil penalty shall be assessed under
this section against an employee for a violation in an
amount exceeding $2,500.’’;
(2) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
(3) by inserting after subparagraph (A) the following:
‘‘(B) RECORDKEEPING AND REPORTING VIOLATIONS.—A
person required to make a report to the Secretary, answer

49 USC 508 note.

112 STAT. 412

PUBLIC LAW 105–178—JUNE 9, 1998

a question, or make, prepare, or preserve a record under
section 504 of this title or under any regulation issued
by the Secretary pursuant to subchapter III of chapter
311 (except sections 31138 and 31139) or section 31502
of this title about transportation by motor carrier, motor
carrier of migrant workers, or motor private carrier, or
an officer, agent, or employee of that person—
‘‘(i) who does not make that report, does not specifically, completely, and truthfully answer that question
in 30 days from the date the Secretary requires the
question to be answered, or does not make, prepare,
or preserve that record in the form and manner prescribed by the Secretary, shall be liable to the United
States for a civil penalty in an amount not to exceed
$500 for each offense, and each day of the violation
shall constitute a separate offense, except that the
total of all civil penalties assessed against any violator
for all offenses related to any single violation shall
not exceed $5,000; or
‘‘(ii) who knowingly falsifies, destroys, mutilates,
or changes a required report or record, knowingly files
a false report with the Secretary, knowingly makes
or causes or permits to be made a false or incomplete
entry in that record about an operation or business
fact or transaction, or knowingly makes, prepares, or
preserves a record in violation of a regulation or order
of the Secretary, shall be liable to the United States
for a civil penalty in an amount not to exceed $5,000
for each violation, if any such action can be shown
to have misrepresented a fact that constitutes a violation other than a reporting or recordkeeping violation.’’.
(c) CONFORMING AMENDMENTS.—Section 522 is amended by
striking ‘‘(a)’’ and by striking subsection (b).
SEC. 4016. AUTHORITY OVER CHARTER BUS TRANSPORTATION.

Section 14501(a) is amended to read as follows:
‘‘(a) MOTOR CARRIERS OF PASSENGERS.—
‘‘(1) LIMITATION ON STATE LAW.—No State or political subdivision thereof and no interstate agency or other political
agency of 2 or more States shall enact or enforce any law,
rule, regulation, standard, or other provision having the force
and effect of law relating to—
‘‘(A) scheduling of interstate or intrastate transportation (including discontinuance or reduction in the level
of service) provided by a motor carrier of passengers subject
to jurisdiction under subchapter I of chapter 135 of this
title on an interstate route;
‘‘(B) the implementation of any change in the rates
for such transportation or for any charter transportation
except to the extent that notice, not in excess of 30 days,
of changes in schedules may be required; or
‘‘(C) the authority to provide intrastate or interstate
charter bus transportation.
This paragraph shall not apply to intrastate commuter bus
operations.
‘‘(2) MATTERS NOT COVERED.—Paragraph (1) shall not
restrict the safety regulatory authority of a State with respect

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 413

to motor vehicles, the authority of a State to impose highway
route controls or limitations based on the size or weight of
the motor vehicle, or the authority of a State to regulate carriers
with regard to minimum amounts of financial responsibility
relating to insurance requirements and self-insurance
authorization.’’.
SEC. 4017. TELEPHONE HOTLINE FOR REPORTING SAFETY VIOLATIONS.

49 USC 31143
note.

(a) IN GENERAL.—For a period of not less than 2 years beginning on or before the 90th day following the date of enactment
of this Act, the Secretary shall establish, maintain, and promote
the use of a nationwide toll-free telephone system to be used by
drivers of commercial motor vehicles and others to report potential
violations of Federal motor carrier safety regulations.
(b) MONITORING.—The Secretary shall monitor reports received
by the telephone system and may consider nonfrivolous information
provided by such reports in setting priorities for motor carrier
safety audits and other enforcement activities.
(c) PROTECTION OF PERSONS REPORTING VIOLATIONS.—
(1) PROHIBITION.—A person reporting a potential violation
to the telephone system while acting in good faith may not
be discharged, disciplined, or discriminated against regarding
pay, terms, or privileges of employment because of the reporting
of such violation.
(2) APPLICABILITY OF SECTION 31105 OF TITLE 49.—For purposes of section 31105 of title 49, United States Code, a violation
or alleged violation of paragraph (1) shall be treated as a
violation of section 31105(a) of such title.
(d) FUNDING.—From amounts set aside under section 104(a)
of title 23, United States Code, the Secretary may use not more
than $250,000 for each of fiscal years 1999 through 2003 to carry
out this section.
SEC. 4018. INSULIN TREATED DIABETES MELLITUS.

(a) DETERMINATION.—Not later than 18 months after the date
of enactment of this Act, the Secretary shall determine whether
a practicable and cost-effective screening, operating, and monitoring
protocol could likely be developed for insulin treated diabetes
mellitus individuals who want to operate commercial motor vehicles
in interstate commerce that would ensure a level of safety equal
to or greater than that achieved with the current prohibition on
individuals with insulin treated diabetes mellitus driving such
vehicles.
(b) COMPILATION AND EVALUATION.—Prior to making the determination in subsection (a), the Secretary shall compile and evaluate
research and other information on the effects of insulin treated
diabetes mellitus on driving performance. In preparing the compilation and evaluation, the Secretary shall, at a minimum—
(1) consult with States that have developed and are
implementing a screening process to identify individuals with
insulin treated diabetes mellitus who may obtain waivers to
drive commercial motor vehicles in intrastate commerce;
(2) evaluate the Department’s policy and actions to permit
certain insulin treated diabetes mellitus individuals who meet
selection criteria and who successfully comply with the
approved monitoring protocol to operate in other modes of
transportation;

49 USC 31305
note.

112 STAT. 414

Reports.

49 USC 31305
note.

49 USC 31306
note.

49 USC 31305
note.

PUBLIC LAW 105–178—JUNE 9, 1998

(3) assess the possible legal consequences of permitting
insulin treated diabetes mellitus individuals to drive commercial motor vehicles in interstate commerce;
(4) analyze available data on the safety performance of
diabetic drivers of motor vehicles;
(5) assess the relevance of intrastate driving and experiences of other modes of transportation to interstate commercial
motor vehicle operations; and
(6) consult with interested groups knowledgeable about
diabetes and related issues.
(c) REPORT TO CONGRESS.—If the Secretary determines that
no protocol described in subsection (a) could likely be developed,
the Secretary shall report to Congress the basis for such determination.
(d) INITIATION OF RULEMAKING.—If the Secretary determines
that a protocol described in subsection (a) could likely be developed,
the Secretary shall report to Congress a description of the elements
of such protocol and shall promptly initiate a rulemaking proceeding
to implement such protocol.
SEC. 4019. PERFORMANCE-BASED CDL TESTING.

(a) REVIEW.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall complete a review of the procedures
established and implemented by States under section 31305 of
title 49, United States Code, to determine if the current system
for testing is an accurate measure and reflection of an individual’s
knowledge and skills as an operator of a commercial motor vehicle
and to identify methods to improve testing and licensing standards,
including identifying the benefits and costs of a graduated licensing
system.
(b) REGULATIONS.—The Secretary may issue regulations under
section 31305 of title 49, United States Code, reflecting the results
of the review.
SEC. 4020. POST-ACCIDENT ALCOHOL TESTING.

(a) STUDY.—The Secretary shall conduct a study of the feasibility of utilizing law enforcement officers for conducting post-accident
alcohol testing of commercial motor vehicle operators under section
31306 of title 49, United States Code, as a method of obtaining
more timely information. The study shall also assess the impact
of the current post-accident alcohol testing requirements on motor
carrier employers, including any burden that employers may
encounter in meeting the testing requirements of such section
31306.
(b) REPORT.—Not later than 18 months after the date of enactment of this Act, the Secretary shall transmit to Congress a report
on the study, together with such recommendations as the Secretary
determines appropriate.
SEC. 4021. DRIVER FATIGUE.

(a) TECHNOLOGIES TO REDUCE FATIGUE OF COMMERCIAL MOTOR
VEHICLE OPERATORS.—
(1) DEVELOPMENT OF TECHNOLOGIES.—As part of the activities of the Secretary relating to the fatigue of commercial
motor vehicle operators, the Secretary shall encourage the
research, development, and demonstration of technologies that
may aid in reducing such fatigue.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 415

(2) MATTERS TO BE TAKEN INTO ACCOUNT.—In carrying
out paragraph (1), the Secretary shall take into account—
(A) the degree to which the technology will be cost
efficient;
(B) the degree to which the technology can be effectively used in diverse climatic regions of the Nation; and
(C) the degree to which the application of the technology will further emissions reductions, energy conservation, and other transportation goals.
(3) FUNDING.—The Secretary may use amounts made available under section 5001(a)(2) of this Act.
(b) NONSEDATING MEDICATIONS.—The Secretary shall review
available information on the effects of medications (including antihistamines) on driver fatigue, awareness, and performance and
shall consider encouraging, if appropriate, the use of nonsedating
medications (including nonsedating antihistamines) as a means of
reducing the adverse effects of the use of other medications by
drivers.
SEC. 4022. IMPROVED FLOW OF DRIVER HISTORY PILOT PROGRAM.

(a) PILOT PROGRAM.—
(1) IN GENERAL.—The Secretary shall carry out a pilot
program in cooperation with 1 or more States to improve upon
the timely exchange of pertinent driver performance and safety
records data to motor carriers.
(2) PURPOSE.—The purpose of the program shall be to—
(A) determine to what extent driver performance
records data, including relevant fines, penalties, and failures to appear for a hearing or trial, should be included
as part of any information systems under the Department
of Transportation’s oversight;
(B) assess the feasibility, costs, safety impact, pricing
impact, and benefits of record exchanges; and
(C) assess methods for the efficient exchange of driver
safety data available from existing State information systems and sources.
(3) COMPLETION DATE.—The pilot program shall end on
the last day of the 18-month period beginning on the date
of initiation of the pilot program.
(b) RULEMAKING.—After completion of the pilot program, the
Secretary shall initiate, if appropriate, a rulemaking to revise the
information system under section 31309 of title 49, United States
Code, to take into account the results of the pilot program.
SEC. 4023. EMPLOYEE PROTECTIONS.

Not later than 2 years after the date of enactment of this
Act, the Secretary, in conjunction with the Secretary of Labor,
shall report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the effectiveness
of existing statutory employee protections provided for under section
31105 of title 49, United States Code. The report shall include
recommendations to address any statutory changes necessary to
strengthen the enforcement of such employee protection provisions.

49 USC 31309
note.

Reports.
49 USC 31105
note.

112 STAT. 416

PUBLIC LAW 105–178—JUNE 9, 1998

Regulations.
49 USC 31136
note.

SEC. 4024. IMPROVED INTERSTATE SCHOOL BUS SAFETY.

Regulations.
49 USC 507 note.

SEC. 4025. TRUCK TRAILER CONSPICUITY.

Not later than 6 months after the date of enactment of this
Act, the Secretary shall initiate a rulemaking proceeding to determine whether or not relevant commercial motor carrier safety regulations issued under section 31136 of title 49, United States Code,
should apply to all interstate school transportation operations by
local educational agencies (as defined in section 14101 of the
Elementary and Secondary Education Act of 1965).
(a) ISSUANCE OF FINAL RULE.—Not later than 1 year after
the date of enactment of this Act, the Secretary shall issue a
final rule regarding the conspicuity of trailers manufactured before
December 1, 1993.
(b) CONSIDERATIONS.—In conducting the rulemaking under subsection (a), the Secretary shall consider, at a minimum, the following:
(1) The cost-effectiveness of any requirement to retrofit
trailers manufactured before December 1, 1993.
(2) The extent to which motor carriers have voluntarily
taken steps to increase equipment visibility.
(3) Regulatory flexibility to accommodate differing trailer
designs and configurations, such as tank trucks.
SEC. 4026. DOT IMPLEMENTATION PLAN.

(a) ASSESSMENT.—Not later than 18 months after the date
of enactment of this section, the Secretary shall assess the scope
of the problem of shippers, freight forwarders, brokers, consignees,
or other persons (other than rail carriers, motor carriers, motor
carriers of migrant workers, or motor private carriers) encouraging
violations of chapter 5 of title 49, United States Code, or a regulation or order issued by the Secretary under such chapter.
(b) SUBMISSION OF IMPLEMENTATION PLAN.—After completion
of the assessment under subsection (a), the Secretary may submit
to the Congress a plan for implementing authority (if subsequently
provided by law) to investigate and bring civil actions to enforce
chapter 5 of title 49, United States Code, or regulations or orders
issued by the Secretary under such chapter with respect to persons
described in subsection (a).
(c) CONTENTS OF IMPLEMENTATION PLAN.—In developing the
implementation plan under subsection (b), the Secretary shall consider, as appropriate—
(1) in what circumstances the Secretary would exercise
the new authority;
(2) how the Secretary would determine that shippers,
freight forwarders, brokers, consignees, or other persons
committed violations described in subsection (a), including what
types of evidence would be conclusive;
(3) what procedures would be necessary during investigations to ensure the confidentiality of shipper contract terms
prior to the Secretary’s findings of violations;
(4) what impact the exercise of the new authority would
have on the Secretary’s resources, including whether additional
investigative or legal resources would be necessary and whether
the staff would need specialized education or training to exercise properly such authority;

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 417

(5) to what extent the Secretary would conduct educational
activities for persons who would be subject to the new authority;
and
(6) any other information that would assist the Congress
in determining whether to provide the Secretary the new
authority.
SEC. 4027. STUDY OF ADEQUACY OF PARKING FACILITIES.

(a) STUDY.—The Secretary shall conduct a study to determine
the location and quantity of parking facilities at commercial truck
stops and travel plazas and public rest areas that could be used
by motor carriers to comply with Federal hours of service rules.
The study shall include an inventory of current facilities serving
the National Highway System, analyze where shortages exist or
are projected to exist, and propose a plan to reduce the shortages.
The study may be carried out in cooperation with research entities
representing motor carriers, the travel plaza industry, and commercial motor vehicle drivers.
(b) REPORT.—Not later than the 3 years after the date of
the enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study with any recommendations
the Secretary determines appropriate as a result of the study.
(c) FUNDING.—From amounts set aside under section 104(a)
of title 23, United States Code, for each of fiscal years 1999, 2000,
and 2001, the Secretary may use not to exceed $500,000 per fiscal
year to carry out this section.
SEC. 4028. QUALIFICATIONS OF FOREIGN MOTOR CARRIERS.

(a) REVIEW.—Not later than 90 days after the date of enactment
of this Act, the Secretary shall review—
(1) the qualifications of any foreign motor carrier, the
application for which has not been processed due to the moratorium on the granting of authority to foreign carriers to operate
in the United States, to operate as a motor carrier in the
United States; and
(2) the carrier’s likely ability to comply with applicable
laws and regulations of the United States.
(b) USE OF REVIEW.—The review conducted under subsection
(a) shall not constitute a finding by the Secretary under section
13902 of title 49, United States Code, that a motor carrier is
willing and able to comply with requirements of such section. The
results of the review may be used by the Secretary as the Secretary
determines appropriate.
(c) REPORT.—Not later than 120 days after the date of enactment this Act, the Secretary shall submit a report on the results
of the review to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives. The report
shall include—
(1) any findings made by the Secretary under subsection
(a);
(2) information on which carriers have applied to the
Department of Transportation under that section; and
(3) a description of the process utilized to respond to such
applications and to review the safety fitness of those carriers.

49 USC 31502
note.

112 STAT. 418

PUBLIC LAW 105–178—JUNE 9, 1998

SEC. 4029. FEDERAL MOTOR CARRIER SAFETY INSPECTORS.

The Department of Transportation shall maintain at least the
number of Federal motor carrier safety inspectors for international
border commercial vehicle inspections as in effect on September
30, 1997, or provide for alternative resources and mechanisms to
ensure at least an equivalent level of commercial motor vehicle
safety inspections. Such funds as are necessary to carry out this
section shall be made available within the limitation on general
operating expenses of the Department of Transportation.
Contracts.
23 USC 403 note.

SEC. 4030. SCHOOL TRANSPORTATION SAFETY.

(a) STUDY.—Not later than 3 months after the date of enactment
of this Act, the Secretary shall offer to enter into an agreement
with the Transportation Research Board of the National Academy
of Sciences to conduct, subject to the availability of appropriations,
a study of the safety issues attendant to the transportation of
school children to and from school and school-related activities
by various transportation modes.
(b) TERMS OF AGREEMENT.—The agreement under subsection
(a) shall provide that—
(1) the Transportation Research Board, in conducting the
study, shall consider—
(A) in consultation with the National Transportation
Safety Board, the Bureau of Transportation Statistics, and
other relevant entities, available crash injury data;
(B) vehicle design and driver training requirements,
routing, and operational factors that affect safety; and
(C) other factors that the Secretary considers to be
appropriate;
(2) if the data referred to in paragraph (1)(A) is unavailable
or insufficient, the Transportation Research Board shall recommend a new data collection regimen and implementation
guidelines; and
(3) a panel shall conduct the study and shall include—
(A) representatives of—
(i) highway safety organizations;
(ii) school transportation;
(iii) mass transportation operators;
(iv) employee organizations; and
(v) bicycling organizations;
(B) academic and policy analysts; and
(C) other interested parties.
(c) REPORT.—Not later than 12 months after the Secretary
enters into an agreement under subsection (a), the Secretary shall
transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that contains the results of the study.
(d) AUTHORIZATION.—There are authorized to be appropriated
to the Department of Transportation to carry out this section
$200,000 for fiscal year 2000 and $200,000 for fiscal year 2001.
Such sums shall remain available until expended.
SEC. 4031. DESIGNATION OF NEW MEXICO COMMERCIAL ZONE.

(a) GENERAL RULE.—Notwithstanding the provisions of section
13902(c)(4)(A) of title 49, United States Code, the New Mexico

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 419

Commercial Zone shall be a commercial zone for purposes of
transportation of property only under section 13506(b) of such title.
(b) CONSULTATION.—In carrying out this section, the Secretary
shall consult with other Federal agencies that have responsibilities
over traffic between the United States and Mexico.
(c) SUBMISSION OF PLAN.—Not later than 3 months after the
date of enactment of this Act, the State of New Mexico shall
submit to the Secretary a plan describing how the State will monitor
commercial motor vehicle traffic and enforce safety regulations.
(d) SAVINGS PROVISION.—Nothing in this section shall affect
any action commenced or pending before the Secretary or Surface
Transportation Board before the date of enactment of this Act.
(e) NEW MEXICO COMMERCIAL ZONE DEFINED.—In this section,
the term ‘‘New Mexico Commercial Zone’’ means the area that
is comprised of Dona Ana County and Luna County in New Mexico.
(f) DESIGNATION.—The designation and operation of the New
Mexico Commercial Zone shall become effective upon the date of
enactment of this Act.
SEC. 4032. EFFECTS OF MCSAP GRANT REDUCTIONS.

(a) STUDY.—The Secretary shall conduct a study on the effects
of reductions of grants under section 31102 of title 49, United
States Code, due to nonconformity of State intrastate motor carrier,
commercial motor vehicle, and driver requirements with Federal
interstate requirements. In conducting the study, the Secretary
shall consider, at a minimum—
(1) national uniformity and the purposes of the motor carrier safety assistance program;
(2) State motor carrier, commercial motor vehicle, and
driver safety oversight and enforcement capabilities; and
(3) the safety impacts, costs, and benefits of full participation in the program.
(b) REPORT.—Not later than 2 years after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the results of the study.
(c) ADJUSTMENT OF STATE ALLOCATIONS.—The Secretary is
authorized to adjust State allocations under section 31103 of title
49, United States Code, to reflect the results of the study.

TITLE V—TRANSPORTATION RESEARCH
Subtitle A—Funding
SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass
Transit Account):
(1) SURFACE TRANSPORTATION RESEARCH.—For carrying out
sections 502, 506, 507, and 508 of title 23, United States Code,
and section 5112 of this Act $96,000,000 for fiscal year 1998,
$97,000,000 for fiscal year 1999, $97,000,000 for fiscal year
2000, $98,000,000 for fiscal year 2001, $101,000,000 for fiscal
year 2002, and $103,000,000 for fiscal year 2003.
(2) TECHNOLOGY DEPLOYMENT PROGRAM.—To carry out section 503 of title 23, United States Code, $35,000,000 for fiscal
year 1998, $35,000,000 for fiscal year 1999, $40,000,000 for

49 USC 31102
note.

112 STAT. 420

PUBLIC LAW 105–178—JUNE 9, 1998

fiscal year 2000, $45,000,000 for fiscal year 2001, $45,000,000
for fiscal year 2002, and $50,000,000 for fiscal year 2003.
(3) TRAINING AND EDUCATION.—For carrying out section
504 of title 23, United States Code, $14,000,000 for fiscal year
1998, $15,000,000 for fiscal year 1999, $16,000,000 for fiscal
year 2000, $18,000,000 for fiscal year 2001, $19,000,000 for
fiscal year 2002, and $20,000,000 for fiscal year 2003.
(4) BUREAU OF TRANSPORTATION STATISTICS.—For the
Bureau of Transportation Statistics to carry out section 111
of title 49, United States Code, $31,000,000 for each of fiscal
years 1998 through 2003.
(5) ITS STANDARDS, RESEARCH, OPERATIONAL TESTS, AND
DEVELOPMENT.—For carrying out sections 5204, 5205, 5206,
and 5207 of this Act $95,000,000 for fiscal year 1998,
$95,000,000 for fiscal year 1999, $98,200,000 for fiscal year
2000, $100,000,000 for fiscal year 2001, $105,000,000 for fiscal
year 2002, and $110,000,000 for fiscal year 2003.
(6) ITS DEPLOYMENT.—For carrying out sections 5208 and
5209 of this Act $101,000,000 for fiscal year 1998, $105,000,000
for fiscal year 1999, $113,000,000 for fiscal year 2000,
$118,000,000 for fiscal year 2001, $120,000,000 for fiscal year
2002, and $122,000,000 for fiscal year 2003.
(7) UNIVERSITY TRANSPORTATION RESEARCH.—For carrying
out section 5505 of title 49, United States Code, $31,150,000
for fiscal year 1998, $31,150,000 for fiscal year 1999,
$32,750,000 for fiscal year 2000, $32,750,000 for fiscal year
2001, $32,000,000 for fiscal year 2002, and $32,000,000 for
fiscal year 2003.
(b) APPLICABILITY OF TITLE 23, UNITED STATES CODE.—Funds
authorized to be appropriated by subsection (a) 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 a project or activity carried out using
such funds shall be 80 percent (unless otherwise expressly provided
by this subtitle or otherwise determined by the Secretary with
respect to a project of activity) and such funds shall remain available until expended.
(c) ALLOCATIONS.—
(1) SURFACE TRANSPORTATION RESEARCH.—Of the amounts
made available under subsection (a)(1)—
(A) $10,000,000 for each of fiscal years 1998 through
2003 shall be available to carry out section 502(e) of title
23, United States Code (relating to long-term pavement
performance);
(B) not to exceed $2,000,000 for each of fiscal years
1998 through 2003 shall be available to carry out section
502(f) of such title (relating to seismic research), of which
not to exceed $2,500,000 may be used to upgrade earthquake simulation facilities as required to carry out the
program;
(C) $500,000 for each of fiscal years 1998 through
2003 shall be available to carry out section 506 of such
title (relating to international outreach); and
(D) $5,000,000 for each of fiscal years 1998 through
2003 to carry out research on improved methods of using
concrete pavement in the construction, reconstruction, and
repair of Federal-aid highways.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 421

(2) TECHNOLOGY DEPLOYMENT.—Of the amounts made
available under subsection (a)(2)—
(A) $1,000,000 for each of fiscal years 1998 through
2003 shall be available to carry out section 503(b)(3)(A)(i)
of title 23, United States Code (relating to research development technology transfer activities); and
(B) $10,000,000 for fiscal year 1998, $15,000,000 for
fiscal year 1999, $17,000,000 for fiscal year 2000, and
$20,000,000 for each of fiscal years 2001 through 2003
shall be available to carry out section 503(b)(3)(A)(ii) of
such title (relating to repair, rehabilitation, and construction).
(3) TRAINING AND EDUCATION.—Of the amounts made available under subsection (a)(3)—
(A) $5,000,000 for fiscal year 1998, $6,000,000 for fiscal
year 1999, $6,000,000 for fiscal year 2000, $7,000,000 for
fiscal year 2001, $7,000,000 for fiscal year 2002, and
$8,000,000 for fiscal year 2003 shall be available to carry
out section 504(a) of title 23, United States Code (relating
to the National Highway Institute);
(B) $7,000,000 for fiscal year 1998, $7,000,000 for fiscal
year 1999, $8,000,000 for fiscal year 2000, $9,000,000 for
fiscal year 2001, $10,000,000 for fiscal year 2002, and
$10,000,000 for fiscal year 2003 shall be available to carry
out section 504(b) of such title (relating to local technical
assistance); and
(C) $2,000,000 for each of fiscal years 1998 through
2003 shall be available to carry out section 504(c)(2) of
such title (relating to the Eisenhower Transportation
Fellowship Program).
(4) ITS DEPLOYMENT.—Of the amounts made available
under subsection (a)(6)—
(A) $74,000,000 for fiscal year 1998, $75,000,000 for
fiscal year 1999, $80,000,000 for fiscal year 2000,
$83,000,000 for fiscal year 2001, $85,000,000 for fiscal year
2002, and $85,000,000 for fiscal year 2003 shall be available
to carry out section 5208 of this Act (relating to Intelligent
Transportation Systems integration); and
(B) $25,500,000 for fiscal year 1998, $27,200,000 for
fiscal year 1999, $30,200,000 for fiscal year 2000,
$32,200,000 for fiscal year 2001, $33,500,000 for fiscal year
2002, and $35,500,000 for fiscal year 2003 shall be available
to carry out section 5209 of this Act (relating to commercial
vehicle infrastructure).
(d) TRANSFERS OF FUNDS.—The Secretary may transfer not
to exceed 10 percent of the amounts allocated in a fiscal year
under a subparagraph in each of paragraphs (1) through (4) of
subsection (c) to the amounts allocated under any other subparagraph in the paragraph.
SEC. 5002. OBLIGATION CEILING.

Notwithstanding any other provision of law, the total of all
obligations from amounts made available from the Highway Trust
Fund (other than the Mass Transit Account) by section 5001(a)
of this Act shall not exceed $403,150,000 for fiscal year 1998,
$409,150,000 for fiscal year 1999, $427,950,000 for fiscal year 2000,

112 STAT. 422

PUBLIC LAW 105–178—JUNE 9, 1998

$442,750,000 for fiscal year 2001, $453,000,000 for fiscal year 2002,
and $468,000,000 for fiscal year 2003.
49 USC 102 note.

SEC. 5003. NOTICE.

(a) NOTICE OF REPROGRAMMING.—If any funds authorized for
carrying out this title or the amendments made by this title are
subject to a reprogramming action that requires notice to be provided to the Committees on Appropriations of the House of Representatives and the Senate, notice of such action shall concurrently
be provided to the Committee on Transportation and Infrastructure
and the Committee on Science of the House of Representatives
and the Committee on Environment and Public Works of the Senate.
(b) NOTICE OF REORGANIZATION.—On or before the 15th day
preceding the date of any major reorganization of a program, project,
or activity of the Department of Transportation for which funds
are authorized by this title or the amendments made by this title,
the Secretary shall provide notice of such reorganization to the
Committee on Transportation and Infrastructure and the Committee on Science of the House of Representatives and the Committee
on Environment and Public Works of the Senate.

Subtitle B—Research and Technology
SEC. 5101. RESEARCH AND TECHNOLOGY PROGRAM.

Title 23, United States Code, is amended—
(1) in the table of chapters by adding at the end the
following:
‘‘5. Research and Technology ........................................................................... 501’’;

and
(2) by adding at the end the following:
‘‘CHAPTER 5—RESEARCH AND TECHNOLOGY
‘‘Sec.
‘‘501.
‘‘502.
‘‘503.
‘‘504.
‘‘505.
‘‘506.
‘‘507.
‘‘508.

Definitions.
Surface transportation research.
Technology deployment program.
Training and education.
State planning and research.
International highway transportation outreach program.
Surface transportation-environment cooperative research program.
Surface transportation research strategic planning.

‘‘§ 501. Definitions
‘‘In this chapter, the following definitions apply:
‘‘(1) FEDERAL LABORATORY.—The term ‘Federal laboratory’
includes a Government-owned, Government-operated laboratory
and a Government-owned, contractor-operated laboratory.
‘‘(2) SAFETY.—The term ‘safety’ includes highway and traffic
safety systems, research, and development relating to vehicle,
highway, driver, passenger, bicyclist, and pedestrian characteristics, accident investigations, communications, emergency
medical care, and transportation of the injured.’’.
SEC. 5102. SURFACE TRANSPORTATION RESEARCH.

Chapter 5 of title 23, United States Code (as added by section
5101 of this title), is amended by adding at the end the following:

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 423

‘‘§ 502. Surface transportation research
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) RESEARCH, DEVELOPMENT, AND TECHNOLOGY TRANSFER
ACTIVITIES.—The Secretary may carry out research, development, and technology transfer activities with respect to—
‘‘(A) motor carrier transportation;
‘‘(B) all phases of transportation planning and development (including construction, operation, modernization,
development, design, maintenance, safety, financing, and
traffic conditions); and
‘‘(C) the effect of State laws on the activities described
in subparagraphs (A) and (B).
‘‘(2) TESTS AND DEVELOPMENT.—The Secretary may test,
develop, or assist in testing and developing any material, invention, patented article, or process.
‘‘(3) COOPERATION, GRANTS, AND CONTRACTS.—The Secretary may carry out this section—
‘‘(A) independently;
‘‘(B) in cooperation with other Federal departments,
agencies, and instrumentalities and Federal laboratories;
or
‘‘(C) by making grants to, or entering into contracts,
cooperative agreements, and other transactions with, the
National Academy of Sciences, the American Association
of State Highway and Transportation Officials, or any Federal laboratory, State agency, authority, association,
institution, for-profit or nonprofit corporation, organization,
foreign country, or person.
‘‘(4) TECHNOLOGICAL INNOVATION.—The programs and
activities carried out under this section shall be consistent
with the surface transportation research and technology
development strategic plan developed under section 508.
‘‘(5) FUNDS.—
‘‘(A) SPECIAL ACCOUNT.—In addition to other funds
made available to carry out this section, the Secretary
shall use such funds as may be deposited by any cooperating organization or person in a special account of the Treasury established for this purpose.
‘‘(B) USE OF FUNDS.—The Secretary shall use funds
made available to carry out this section to develop, administer, communicate, and promote the use of products of
research, development, and technology transfer programs
under this section.
‘‘(b) COLLABORATIVE RESEARCH AND DEVELOPMENT.—
‘‘(1) IN GENERAL.—To encourage innovative solutions to
surface transportation problems and stimulate the deployment
of new technology, the Secretary may carry out, on a costshared basis, collaborative research and development with—
‘‘(A) non-Federal entities, including State and local
governments, foreign governments, colleges and universities, corporations, institutions, partnerships, sole
proprietorships, and trade associations that are incorporated or established under the laws of any State; and
‘‘(B) Federal laboratories.
‘‘(2) AGREEMENTS.—In carrying out this subsection, the Secretary may enter into cooperative research and development

112 STAT. 424

PUBLIC LAW 105–178—JUNE 9, 1998

agreements (as defined in section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a)).
‘‘(3) FEDERAL SHARE.—
‘‘(A) IN GENERAL.—The Federal share of the cost of
activities carried out under a cooperative research and
development agreement entered into under this subsection
shall not exceed 50 percent, except that if there is substantial public interest or benefit, the Secretary may approve
a greater Federal share.
‘‘(B) NON-FEDERAL SHARE.—All costs directly incurred
by the non-Federal partners, including personnel, travel,
and hardware development costs, shall be credited toward
the non-Federal share of the cost of the activities described
in subparagraph (A).
‘‘(4) USE OF TECHNOLOGY.—The research, development, or
use of a technology under a cooperative research and development agreement entered into under this subsection, including
the terms under which the technology may be licensed and
the resulting royalties may be distributed, shall be subject
to the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3701 et seq.).
‘‘(5) WAIVER OF ADVERTISING REQUIREMENTS.—Section 3709
of the Revised Statutes (41 U.S.C. 5) shall not apply to a
contract or agreement entered into under this chapter.
‘‘(c) CONTENTS OF RESEARCH PROGRAM.—The Secretary shall
include in surface transportation research, technology development,
and technology transfer programs carried out under this title coordinated activities in the following areas:
‘‘(1) Development, use, and dissemination of indicators,
including appropriate computer programs for collecting and
analyzing data on the status of infrastructure facilities, to
measure the performance of the surface transportation systems
of the United States, including productivity, efficiency, energy
use, air quality, congestion, safety, maintenance, and other
factors that reflect system performance.
‘‘(2) Methods, materials, and testing to improve the durability of surface transportation infrastructure facilities and extend
the life of bridge structures, including—
‘‘(A) new and innovative technologies to reduce corrosion;
‘‘(B) tests simulating seismic activity, vibration, and
weather; and
‘‘(C) the use of innovative recycled materials.
‘‘(3) Technologies and practices that reduce costs and minimize disruptions associated with the construction, rehabilitation, and maintenance of surface transportation systems,
including responses to natural disasters.
‘‘(4) Development of nondestructive evaluation equipment
for use with existing infrastructure facilities and with nextgeneration infrastructure facilities that use advanced materials.
‘‘(5) Dynamic simulation models of surface transportation
systems for—
‘‘(A) predicting capacity, safety, and infrastructure
durability problems;
‘‘(B) evaluating planned research projects; and
‘‘(C) testing the strengths and weaknesses of proposed
revisions to surface transportation operations programs.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 425

‘‘(6) Economic highway geometrics, structures, and desirable weight and size standards for vehicles using the public
highways and the feasibility of uniformity in State regulations
with respect to such standards.
‘‘(7) Telecommuting and the linkages between transportation, information technology, and community development
and the impact of technological change and economic restructuring on travel demand.
‘‘(8) Expansion of knowledge of implementing life cycle
cost analysis, including—
‘‘(A) establishing the appropriate analysis period and
discount rates;
‘‘(B) learning how to value and properly consider use
costs;
‘‘(C) determining tradeoffs between reconstruction and
rehabilitation; and
‘‘(D) establishing methodologies for balancing higher
initial costs of new technologies and improved or advanced
materials against lower maintenance costs.
‘‘(9) Standardized estimates, to be developed in conjunction
with the National Institute of Standards and Technology and
other appropriate organizations, of useful life under various
conditions for advanced materials of use in surface transportation.
‘‘(10) Evaluation of traffic calming measures that promote
community preservation, transportation mode choice, and
safety.
‘‘(11) Development and implementation of safety-enhancing
equipment, including unobtrusive eyetracking technology.
‘‘(d) ADVANCED RESEARCH.—
‘‘(1) IN GENERAL.—The Secretary shall establish an
advanced research program, consistent with the surface
transportation research and technology development strategic
plan developed under section 508, that addresses longer-term,
higher-risk research that shows potential benefits for improving
the durability, efficiency, environmental impact, productivity,
and safety (including bicycle and pedestrian safety) of highway
and intermodal transportation systems. In carrying out the
program, the Secretary shall strive to develop partnerships
with the public and private sectors.
‘‘(2) RESEARCH AREAS.—In carrying out the program, the
Secretary may make grants and enter into cooperative agreements and contracts in such areas as the Secretary determines
appropriate, including the following:
‘‘(A) Characterization of materials used in highway
infrastructure, including analytical techniques, microstructure modeling, and the deterioration processes.
‘‘(B) Diagnostics for evaluation of the condition of
bridge and pavement structures to enable the assessment
of risks of failure, including from seismic activity, vibration,
and weather.
‘‘(C) Design and construction details for composite
structures.
‘‘(D) Safety technology-based problems in the areas
of pedestrian and bicycle safety, roadside hazards, and
composite materials for roadside safety hardware.

112 STAT. 426

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘(E) Environmental research, including particulate
matter source apportionment and model development.
‘‘(F) Data acquisition techniques for system condition
and performance monitoring.
‘‘(G) Human factors, including prediction of the
response of travelers to new technologies.
‘‘(e) LONG-TERM PAVEMENT PERFORMANCE PROGRAM.—
‘‘(1) AUTHORITY.—The Secretary shall complete the longterm pavement performance program tests initiated under the
strategic highway research program established under section
307(d) (as in effect on the day before the date of enactment
of this section) and continued by the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1914 et seq.)
through the midpoint of a planned 20-year life of the longterm pavement performance program.
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—
Under the program, the Secretary shall make grants and enter
into cooperative agreements and contracts to—
‘‘(A) monitor, material-test, and evaluate highway test
sections in existence as of the date of the grant, agreement,
or contract;
‘‘(B) analyze the data obtained in carrying out subparagraph (A); and
‘‘(C) prepare products to fulfill program objectives and
meet future pavement technology needs.
‘‘(f) SEISMIC RESEARCH PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish a program to study the vulnerability of the Federal-aid highway
system and other surface transportation systems to seismic
activity and to develop and implement cost-effective methods
to reduce such vulnerability.
‘‘(2) COOPERATION WITH NATIONAL CENTER FOR EARTHQUAKE
ENGINEERING RESEARCH.—The Secretary shall conduct the program in cooperation with the National Center for Earthquake
Engineering Research at the University of Buffalo.
‘‘(3) COOPERATION WITH AGENCIES PARTICIPATING IN
NATIONAL EARTHQUAKE HAZARDS REDUCTION PROGRAM.—The
Secretary shall conduct the program in consultation and
cooperation with Federal departments and agencies participating in the National Earthquake Hazards Reduction Program
established by section 5 of the Earthquake Hazards Reduction
Act of 1977 (42 U.S.C. 7704) and shall take such actions as
may be necessary to ensure that the program is consistent
with—
‘‘(A) planning and coordination activities of the Director
of the Federal Emergency Management Agency under section 5(b)(1) of such Act (42 U.S.C. 7704(b)(1)); and
‘‘(B) the plan developed by the Director of the Federal
Emergency Management Agency under section 8(b) of such
Act (42 U.S.C. 7705b(b)).
‘‘(g) INFRASTRUCTURE INVESTMENT NEEDS REPORT.—
‘‘(1) IN GENERAL.—Not later than January 31, 1999, and
January 31 of every second year thereafter, the Secretary shall
report to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 427

‘‘(A) estimates of the future highway and bridge needs
of the United States; and
‘‘(B) the backlog of current highway and bridge needs.
‘‘(2) COMPARISON WITH PRIOR REPORTS.—Each report under
paragraph (1) shall provide the means, including all necessary
information, to relate and compare the conditions and service
measures used in the 3 biannual reports published prior to
the date of enactment of the Transportation Equity Act for
the 21st Century.’’.
SEC. 5103. TECHNOLOGY DEPLOYMENT.

Chapter 5 of title 23, United States Code (as added by section
5101 of this title), is amended by adding at the end the following:
‘‘§ 503. Technology deployment
‘‘(a) TECHNOLOGY DEPLOYMENT INITIATIVES AND PARTNERSHIPS
PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Secretary shall develop and
administer a national technology deployment initiatives and
partnerships program.
‘‘(2) PURPOSE.—The purpose of the program shall be to
significantly accelerate the adoption of innovative technologies
by the surface transportation community.
‘‘(3) DEPLOYMENT GOALS.—
‘‘(A) ESTABLISHMENT.—Not later than 180 days after
the date of enactment of this section, the Secretary shall
establish not more than 5 deployment goals to carry out
paragraph (1).
‘‘(B) DESIGN.—Each of the goals and the program developed to achieve the goals shall be designed to provide
tangible benefits, with respect to transportation systems,
in the areas of efficiency, safety, reliability, service life,
environmental protection, and sustainability.
‘‘(C) STRATEGIES FOR ACHIEVEMENT.—For each goal,
the Secretary, in cooperation with representatives of the
transportation community such as States, local governments, the private sector, and academia, shall use domestic
and international technology to develop strategies and initiatives to achieve the goal, including technical assistance
in deploying technology and mechanisms for sharing
information among program participants.
‘‘(4) INTEGRATION WITH OTHER PROGRAMS.—The Secretary
shall integrate activities carried out under this subsection with
the efforts of the Secretary to disseminate the results of
research sponsored by the Secretary and to facilitate technology
transfer.
‘‘(5) LEVERAGING OF FEDERAL RESOURCES.—In selecting
projects to be carried out under this subsection, the Secretary
shall give preference to projects that leverage Federal funds
with other significant public or private resources.
‘‘(6) CONTINUATION OF SHRP PARTNERSHIPS.—Under the program, the Secretary shall continue the partnerships established
through the strategic highway research program established
under section 307(d) (as in effect on the day before the date
of enactment of this section).
‘‘(7) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—
Under the program, the Secretary may make grants and enter

112 STAT. 428

PUBLIC LAW 105–178—JUNE 9, 1998

into cooperative agreements and contracts to foster alliances
and support efforts to stimulate advances in transportation
technology, including—
‘‘(A) the testing and evaluation of products of the
strategic highway research program;
‘‘(B) the further development and implementation of
technology in areas such as the Superpave system and
the use of lithium salts and other alternatives to prevent
and mitigate alkali silica reactivity;
‘‘(C) the provision of support for long-term pavement
performance product implementation and technology
access; and
‘‘(D) other activities to achieve the goals established
under paragraph (3).
‘‘(8) REPORTS.—Not later than 18 months after the date
of enactment of this section, and biennially thereafter, the
Secretary shall submit to the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a
report on the progress and results of activities carried out
under this section.
‘‘(9) ALLOCATION.—To the extent appropriate to achieve
the goals established under paragraph (3), the Secretary may
further allocate funds made available to carry out this section
to States for their use.
‘‘(b) INNOVATIVE BRIDGE RESEARCH AND CONSTRUCTION
PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary shall establish and carry
out a program to demonstrate the application of innovative
material technology in the construction of bridges and other
structures.
‘‘(2) GOALS.—The goals of the program shall include—
‘‘(A) the development of new, cost-effective innovative
material highway bridge applications;
‘‘(B) the reduction of maintenance costs and life-cycle
costs of bridges, including the costs of new construction,
replacement, or rehabilitation of deficient bridges;
‘‘(C) the development of construction techniques to
increase safety and reduce construction time and traffic
congestion;
‘‘(D) the development of engineering design criteria
for innovative products and materials for use in highway
bridges and structures;
‘‘(E) the development of cost-effective and innovative
techniques to separate vehicle and pedestrian traffic from
railroad traffic;
‘‘(F) the development of highway bridges and structures
that will withstand natural disasters, including alternative
processes for the seismic retrofit of bridges; and
‘‘(G) the development of new nondestructive bridge
evaluation technologies and techniques.
‘‘(3) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—
‘‘(A) IN GENERAL.—Under the program, the Secretary
shall make grants to, and enter into cooperative agreements
and contracts with—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 429

‘‘(i) States, other Federal agencies, universities and
colleges, private sector entities, and nonprofit organizations to pay the Federal share of the cost of research,
development, and technology transfer concerning
innovative materials; and
‘‘(ii) States to pay the Federal share of the cost
of repair, rehabilitation, replacement, and new
construction of bridges or structures that demonstrate
the application of innovative materials.
‘‘(B) APPLICATIONS.—To receive a grant under this subsection, an entity described in subparagraph (A) shall submit an application to the Secretary. The application shall
be in such form and contain such information as the Secretary may require. The Secretary shall select and approve
the applications based on whether the project that is the
subject of the grant meets the goals of the program
described in paragraph (2).
‘‘(4) TECHNOLOGY AND INFORMATION TRANSFER.—The Secretary shall take such action as is necessary to ensure that
the information and technology resulting from research conducted under paragraph (3) is made available to State and
local transportation departments and other interested parties
as specified by the Secretary.
‘‘(5) FEDERAL SHARE.—The Federal share of the cost of
a project under this section shall be determined by the Secretary.’’.
SEC. 5104. TRAINING AND EDUCATION.

Chapter 5 of title 23, United States Code (as added by section
5101 of this title), is amended by adding at the end the following:
‘‘§ 504. Training and education
‘‘(a) NATIONAL HIGHWAY INSTITUTE.—
‘‘(1) IN GENERAL.—The Secretary shall operate in the Federal Highway Administration a National Highway Institute
(in this subsection referred to as the ‘Institute’). The Secretary
shall administer, through the Institute, the authority vested
in the Secretary by this title or by any other law for the
development and conduct of education and training programs
relating to highways.
‘‘(2) DUTIES OF THE INSTITUTE.—In cooperation with State
transportation departments, United States industry, and any
national or international entity, the Institute shall develop
and administer education and training programs of instruction
for—
‘‘(A) Federal Highway Administration, State, and local
transportation agency employees;
‘‘(B) regional, State, and metropolitan planning
organizations;
‘‘(C) State and local police, public safety, and motor
vehicle employees; and
‘‘(D) United States citizens and foreign nationals
engaged or to be engaged in surface transportation work
of interest to the United States.

112 STAT. 430

PUBLIC LAW 105–178—JUNE 9, 1998
‘‘(3) COURSES.—The Institute may develop and administer
courses in modern developments, techniques, methods, regulations, management, and procedures relating to surface transportation, environmental mitigation and compliance, acquisition
of rights-of-way, relocation assistance, engineering, safety,
construction, maintenance and operations, contract administration, motor carrier safety activities, inspection, and highway
finance.
‘‘(4) SET-ASIDE; FEDERAL SHARE.—Not to exceed 1⁄2 of 1
percent of the funds apportioned to a State under section
104(b)(3) for the surface transportation program shall be available for expenditure by the State transportation department
for the payment of not to exceed 80 percent of the cost of
tuition and direct educational expenses (excluding salaries) in
connection with the education and training of employees of
State and local transportation agencies in accordance with this
subsection.
‘‘(5) FEDERAL RESPONSIBILITY.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), education and training of employees of Federal, State,
and local transportation (including highway) agencies
authorized under this subsection may be provided—
‘‘(i) by the Secretary at no cost to the States and
local governments if the Secretary determines that
provision at no cost is in the public interest; or
‘‘(ii) by the State through grants, cooperative agreements, and contracts with public and private agencies,
institutions, individuals, and the Institute.
‘‘(B) PAYMENT OF FULL COST BY PRIVATE PERSONS.—
Private agencies, international or foreign entities, and
individuals shall pay the full cost of any education and
training received by them unless the Secretary determines
that a lower cost is of critical importance to the public
interest.
‘‘(6) TRAINING FELLOWSHIPS; COOPERATION.—The Institute
may—
‘‘(A) engage in training activities authorized under this
subsection, including the granting of training fellowships;
and
‘‘(B) carry out its authority independently or in cooperation with any other branch of the Federal Government
or any State agency, authority, association, institution, forprofit or nonprofit corporation, other national or international entity, or other person.
‘‘(7) COLLECTION OF FEES.—
‘‘(A) GENERAL RULE.—In accordance with this subsection, the Institute may assess and collect fees solely
to defray the costs of the Institute in developing or administering education and training programs under this subsection.
‘‘(B) LIMITATION.—Fees may be assessed and collected
under this subsection only in a manner that may reasonably be expected to result in the collection of fees during
any fiscal year in an aggregate amount that does not exceed
the aggregate amount of the costs referred to in subparagraph (A) for the fiscal year.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 431

‘‘(C) PERSONS SUBJECT TO FEES.—Fees may be assessed
and collected under this subsection only with respect to—
‘‘(i) persons and entities for whom education or
training programs are developed or administered under
this subsection; and
‘‘(ii) persons and entities to whom education or
training is provided under this subsection.
‘‘(D) AMOUNT OF FEES.—The fees assessed and collected
under this subsection shall be established in a manner
that ensures that the liability of any person or entity
for a fee is reasonably based on the proportion of the
costs referred to in subparagraph (A) that relate to the
person or entity.
‘‘(E) USE.—All fees collected under this subsection shall
be used to defray costs associated with the development
or administration of education and training programs
authorized under this subsection.
‘‘(8) RELATION TO FEES.—The funds made available to carry
out this subsection may be combined with or held separate
from the fees collected under paragraph (7).
‘‘(b) LOCAL TECHNICAL ASSISTANCE PROGRAM.—
‘‘(1) AUTHORITY.—The Secretary shall carry out a local
technical assistance program that will provide access to surface
transportation technology to—
‘‘(A) highway and transportation agencies in urbanized
areas with populations of between 50,000 and 1,000,000
individuals;
‘‘(B) highway and transportation agencies in rural
areas; and
‘‘(C) contractors that do work for the agencies.
‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS.—
The Secretary may make grants and enter into cooperative
agreements and contracts to provide education and training,
technical assistance, and related support services to—
‘‘(A) assist rural, local transportation agencies and
tribal governments, and the consultants and construction
personnel working for the agencies and governments, to—
‘‘(i) develop and expand their expertise in road
and transportation areas (including pavement, bridge,
concrete structures, safety management systems, and
traffic safety countermeasures);
‘‘(ii) improve roads and bridges;
‘‘(iii) enhance—
‘‘(I) programs for the movement of passengers
and freight; and
‘‘(II) intergovernmental transportation planning and project selection; and
‘‘(iv) deal effectively with special transportationrelated problems by preparing and providing training
packages, manuals, guidelines, and technical resource
materials;
‘‘(B) develop technical assistance for tourism and recreational travel;
‘‘(C) identify, package, and deliver transportation technology and traffic safety information to local jurisdictions
to assist urban transportation agencies in developing and

112 STAT. 432

PUBLIC LAW 105–178—JUNE 9, 1998
expanding their ability to deal effectively with transportation-related problems;
‘‘(D) operate, in cooperation with State transportation
departments and universities—
‘‘(i) local technical assistance program centers designated to provide transportation technology transfer
services to rural areas and to urbanized areas with
populations of between 50,000 and 1,000,000 individuals; and
‘‘(ii) local technical assistance program centers designated to provide transportation technical assistance
to Indian tribal governments; and
‘‘(E) allow local transportation agencies and tribal
governments, in cooperation with the private sector, to
enhance new technology implementation.
‘‘(c) RESEARCH FELLOWSHIPS.—
‘‘(1) GENERAL AUTHORITY.—The Secretary, acting either
independently or in cooperation with other Federal departments, agencies, and instrumentalities, may make grants for
research fellowships for any purpose for which research is
authorized by this chapter.
‘‘(2) DWIGHT DAVID EISENHOWER TRANSPORTATION FELLOWSHIP PROGRAM.—The Secretary shall establish and implement
a transportation research fellowship program for the purpose
of attracting qualified students to the field of transportation.
The program shall be known as the ‘Dwight David Eisenhower
Transportation Fellowship Program’.’’.

SEC. 5105. STATE PLANNING AND RESEARCH.

Chapter 5 of title 23, United States Code (as added by section
5101 of this title), is amended by adding at the end the following:
‘‘§ 505. State planning and research
‘‘(a) GENERAL RULE.—Two percent of the sums apportioned
to a State for fiscal year 1998 and each fiscal year thereafter
under section 104 (other than sections 104(f) and 104(h)) and under
section 144 shall be available for expenditure by the State, in
consultation with the Secretary, only for the following purposes:
‘‘(1) Engineering and economic surveys and investigations.
‘‘(2) The planning of future highway programs and local
public transportation systems and the planning of the financing
of such programs and systems, including metropolitan and
statewide planning under sections 134 and 135.
‘‘(3) Development and implementation of management systems under section 303.
‘‘(4) Studies of the economy, safety, and convenience of
surface transportation systems and the desirable regulation
and equitable taxation of such systems.
‘‘(5) Research, development, and technology transfer activities necessary in connection with the planning, design, construction, management, and maintenance of highway, public
transportation, and intermodal transportation systems.
‘‘(6) Study, research, and training on the engineering standards and construction materials for transportation systems
described in paragraph (5), including the evaluation and
accreditation of inspection and testing and the regulation and
taxation of their use.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 433

‘‘(b) MINIMUM EXPENDITURES ON RESEARCH, DEVELOPMENT, AND
TECHNOLOGY TRANSFER ACTIVITIES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), not less than
25 percent of the funds subject to subsection (a) that are apportioned to a State for a fiscal year shall be expended by the
State for research, development, and technology transfer activities described in subsection (a), relating to highway, public
transportation, and intermodal transportation systems.
‘‘(2) WAIVERS.—The Secretary may waive the application
of paragraph (1) with respect to a State for a fiscal year if
the State certifies to the Secretary for the fiscal year that
total expenditures by the State for transportation planning
under sections 134 and 135 will exceed 75 percent of the funds
described in paragraph (1) and the Secretary accepts such
certification.
‘‘(3) NONAPPLICABILITY OF ASSESSMENT.—Funds expended
under paragraph (1) shall not be considered to be part of
the extramural budget of the agency for the purpose of section
9 of the Small Business Act (15 U.S.C. 638).
‘‘(c) FEDERAL SHARE.—The Federal share of the cost of a project
carried out using funds subject to subsection (a) shall be 80 percent
unless the Secretary determines that the interests of the Federalaid highway program would be best served by decreasing or
eliminating the non-Federal share.
‘‘(d) ADMINISTRATION OF SUMS.—Funds subject to subsection
(a) shall be combined and administered by the Secretary as a
single fund and shall be available for obligation for the same period
as funds apportioned under section 104(b)(1).’’.
SEC. 5106. INTERNATIONAL HIGHWAY TRANSPORTATION OUTREACH
PROGRAM.

Chapter 5 of title 23, United States Code (as added by section
5101 of this title), is amended by adding at the end the following:
‘‘§ 506. International highway transportation outreach program
‘‘(a) ESTABLISHMENT.—The Secretary may establish an international highway transportation outreach program—
‘‘(1) to inform the United States highway community of
technological innovations in foreign countries that could significantly improve highway transportation in the United States;
‘‘(2) to promote United States highway transportation
expertise, goods, and services in foreign countries; and
‘‘(3) to increase transfers of United States highway
transportation technology to foreign countries.
‘‘(b) ACTIVITIES.—Activities carried out under the program may
include—
‘‘(1) development, monitoring, assessment, and dissemination in the United States of information about highway
transportation innovations in foreign countries that could
significantly improve highway transportation in the United
States;
‘‘(2) research, development, demonstration, training, and
other forms of technology transfer and exchange;
‘‘(3) informing foreign countries about the technical quality
of United States highway transportation goods and services

112 STAT. 434

PUBLIC LAW 105–178—JUNE 9, 1998

through participation in trade shows, seminars, expositions,
and other such activities;
‘‘(4) offering technical services of the Federal Highway
Administration that cannot be readily obtained from United
States private sector firms to be incorporated into the proposals
of United States private sector firms undertaking highway
transportation projects outside the United States if the costs
of such services will be recovered under the terms of the project;
‘‘(5) conducting studies to assess the need for or feasibility
of highway transportation improvements in countries that are
not members of the Organization for Economic Cooperation
and Development, as of December 18, 1991, and in Greece
and Turkey; and
‘‘(6) gathering and disseminating information on foreign
transportation markets and industries.
‘‘(c) COOPERATION.—The Secretary may carry out this section
in cooperation with any appropriate Federal agency, State or local
agency, authority, association, institution, corporation (profit or nonprofit), foreign government, multinational institution, or other
organization or person.
‘‘(d) FUNDS.—
‘‘(1) CONTRIBUTIONS.—Funds available to carry out this
section shall include funds deposited by any cooperating
organization or person into a special account of the Treasury
established for this purpose.
‘‘(2) ELIGIBLE USES OF FUNDS.—The funds deposited into
the account and other funds available to carry out this section
shall be available to cover the cost of any activity eligible
under this section, including the cost of promotional materials,
travel, reception and representation expenses, and salaries and
benefits.
‘‘(3) REIMBURSEMENTS FOR SALARIES AND BENEFITS.—
Reimbursements for salaries and benefits of Department of
Transportation employees providing services under this section
shall be credited to the account.
‘‘(e) ELIGIBLE USE OF STATE PLANNING AND RESEARCH FUNDS.—
A State, in coordination with the Secretary, may obligate funds
made available to carry out section 505 for any activity authorized
under subsection (a).’’.
SEC. 5107. SURFACE TRANSPORTATION-ENVIRONMENT COOPERATIVE
RESEARCH PROGRAM.

Chapter 5 of title 23, United States Code (as added by section
5101 of this title), is amended by adding at the end the following:
‘‘§ 507.

Surface transportation-environment cooperative
research program
‘‘(a) IN GENERAL.—The Secretary shall establish and carry out
a surface transportation-environment cooperative research program.
‘‘(b) CONTENTS.—The program to be carried out under this
section shall include research designed—
‘‘(1) to develop more accurate models for evaluating
transportation control measures and transportation system
designs that are appropriate for use by State and local governments, including metropolitan planning organizations, in
designing implementation plans to meet Federal, State, and
local environmental requirements;

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 435

‘‘(2) to improve understanding of the factors that contribute
to the demand for transportation, including transportation system design, demographic change, land use planning, and
communications and other information technologies;
‘‘(3) to develop indicators of economic, social, and environmental performance of transportation systems to facilitate
analysis of potential alternatives;
‘‘(4) to study the relationship between highway density
and ecosystem integrity, including the impacts of highway density on habitat integrity and overall ecosystem health, and
develop a rapid assessment methodology for use by transportation and regulatory agencies in determining the relationship
between highway density and ecosystem integrity; and
‘‘(5) to meet additional priorities as determined by the
advisory board established under subsection (c), including recommendations of the National Research Council in the report
entitled ‘Environmental Research Needs in Transportation’.
‘‘(c) ADVISORY BOARD.—
‘‘(1) ESTABLISHMENT.—In consultation with the Secretary
of Energy, the Administrator of the Environmental Protection
Agency, and the heads of other appropriate Federal departments and agencies, the Secretary shall establish an advisory
board to recommend environmental and energy conservation
research, technology, and technology transfer activities related
to surface transportation.
‘‘(2) MEMBERSHIP.—The advisory board shall include—
‘‘(A) representatives of State transportation and
environmental agencies;
‘‘(B) transportation and environmental scientists and
engineers; and
‘‘(C) representatives of metropolitan planning organizations, transit operating agencies, and environmental
organizations.
‘‘(d) NATIONAL ACADEMY OF SCIENCES.—The Secretary may
make grants to, and enter into cooperative agreements with, the
National Academy of Sciences to carry out such activities relating
to the research, technology, and technology transfer activities
described in subsection (b) as the Secretary determines appropriate.’’.
SEC. 5108. SURFACE TRANSPORTATION RESEARCH STRATEGIC PLANNING.

Chapter 5 of title 23, United States Code (as added by section
5101 of this title), is amended by adding at the end the following:
‘‘§ 508. Surface transportation research strategic planning
‘‘(a) IN GENERAL.—The Secretary shall—
‘‘(1) establish a strategic planning process, consistent with
section 306 of title 5 for the Department of Transportation
to determine national transportation research and technology
development priorities related to surface transportation;
‘‘(2) coordinate Federal surface transportation research and
technology development activities;
‘‘(3) measure the results of those activities and how they
impact the performance of the surface transportation systems
of the United States; and

112 STAT. 436

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(4) ensure that planning and reporting activities carried
out under this section are coordinated with all other surface
transportation planning and reporting requirements.
‘‘(b) IMPLEMENTATION.—The Secretary shall—
‘‘(1) provide for the integrated planning, coordination, and
consultation among the operating administrations of the
Department of Transportation, all other Federal agencies with
responsibility for surface transportation research and technology development, State and local governments, institutions
of higher education, industry, and other private and public
sector organizations engaged in surface transportation-related
research and development activities;
‘‘(2) ensure that the surface transportation research and
technology development programs of the Department do not
duplicate other Federal, State, or private sector research and
development programs; and
‘‘(3) provide for independent validation of the scientific
and technical assumptions underlying the surface transportation research and technology development programs of the
Department.
‘‘(c) SURFACE TRANSPORTATION RESEARCH AND TECHNOLOGY
DEVELOPMENT STRATEGIC PLAN.—
‘‘(1) DEVELOPMENT.—The Secretary shall develop an
integrated surface transportation research and technology
development strategic plan.
‘‘(2) CONTENTS.—The plan shall include—
‘‘(A) an identification of the general goals and objectives
of the Department of Transportation for surface transportation research and development;
‘‘(B) a description of the roles of the Department and
other Federal agencies in achieving the goals identified
under subparagraph (A), in order to avoid unnecessary
duplication of effort;
‘‘(C) a description of the overall strategy of the Department, and the role of each of the operating administrations
of the Department, in carrying out the plan over the next
5 years, including a description of procedures for coordination of the efforts of the Secretary with the efforts of
the operating administrations of the Department and other
Federal agencies;
‘‘(D) an assessment of how State and local research
and technology development activities are contributing to
the achievement of the goals identified under subparagraph
(A);
‘‘(E) details of the surface transportation research and
technology development programs of the Department,
including performance goals, resources needed to achieve
those goals, and performance indicators as described in
section 1115(a) of title 31, United States Code, for the
next 5 years for each area of research and technology
development;
‘‘(F) significant comments on the plan obtained from
outside sources; and
‘‘(G) responses to significant comments obtained from
the National Research Council and other advisory bodies,
and a description of any corrective actions taken pursuant
to such comments.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 437

‘‘(3) NATIONAL RESEARCH COUNCIL REVIEW.—The Secretary
shall enter into an agreement for the review by the National
Research Council of the details of each—
‘‘(A) strategic plan or revision required under section
306 of title 5;
‘‘(B) performance plan required under section 1115 of
title 31; and
‘‘(C) program performance report required under section 1116,
with respect to surface transportation research and technology
development.
‘‘(4) PERFORMANCE PLANS AND REPORTS.—In reports submitted under sections 1115 and 1116 of title 31, the Secretary
shall include—
‘‘(A) a summary of the results for the previous fiscal
year of surface transportation research and technology
development programs to which the Department of
Transportation contributes, along with—
‘‘(i) an analysis of the relationship between those
results and the goals identified under paragraph (2)(A);
and
‘‘(ii) a description of the methodology used for
assessing the results; and
‘‘(B) a description of significant surface transportation
research and technology development initiatives, if any,
undertaken during the previous fiscal year that were not
in the plan developed under paragraph (1), and any significant changes in the plan from the previous year’s plan.
‘‘(d) MERIT REVIEW AND PERFORMANCE MEASUREMENT.—Not
later than 1 year after the date of enactment of this section, the
Secretary shall transmit to Congress a report describing competitive
merit review procedures for use in selecting grantees and contractors in the programs covered by the plan developed under subsection
(c) and performance measurement procedures for evaluating the
programs.
‘‘(e) PROCUREMENT PROCEDURES.—The Secretary shall—
‘‘(1) develop model procurement procedures that encourage
the use of advanced technologies; and
‘‘(2) develop model transactions for carrying out and coordinating Federal and State surface transportation research and
technology development activities.
‘‘(f) CONSISTENCY WITH GOVERNMENT PERFORMANCE AND
RESULTS ACT OF 1993.—The plans and reports developed under
this section shall be consistent with and incorporated as part of
the plans developed under section 306 of title 5 and sections 1115
and 1116 of title 31.’’.
SEC. 5109. BUREAU OF TRANSPORTATION STATISTICS.

(a) IN GENERAL.—Section 111 of title 49, United States Code,
is amended—
(1) in subsection (b)(4) by striking the second sentence;
(2) in subsection (c)—
(A) in paragraph (1)—
(i) in subparagraph (J) by striking ‘‘and’’ at the
end;
(ii) in subparagraph (K) by striking the period
at the end and inserting ‘‘; and’’; and

Contracts.

Reports.

112 STAT. 438

PUBLIC LAW 105–178—JUNE 9, 1998
(iii) by adding at the end the following:
‘‘(L) transportation-related variables that influence
global competitiveness.’’;
(B) in paragraph (2)—
(i) in the first sentence by striking ‘‘national
transportation system’’ and inserting ‘‘transportation
systems of the United States’’;
(ii) by striking subparagraph (A) and inserting
the following:
‘‘(A) be coordinated with efforts to measure outputs
and outcomes of the Department of Transportation and
the transportation systems of the United States under the
Government Performance and Results Act of 1993 (107
Stat. 285 et seq.) and the amendments made by such
Act;’’; and
(iii) in subparagraph (C) by inserting ‘‘, made relevant to the States and metropolitan planning
organizations,’’ after ‘‘accuracy’’;
(C) in paragraph (3) by adding at the end the following:
‘‘The Bureau shall review and report to the Secretary of
Transportation on the sources and reliability of the statistics proposed by the heads of the operating administrations
of the Department to measure outputs and outcomes as
required by the Government Performance and Results Act
of 1993, and the amendments made by such Act, and
shall carry out such other reviews of the sources and reliability of other data collected by the heads of the operating
administrations of the Department as shall be requested
by the Secretary.’’; and
(D) by adding at the end the following:
‘‘(7) SUPPORTING TRANSPORTATION DECISIONMAKING.—
Ensuring that the statistics compiled under paragraph (1) are
relevant for transportation decisionmaking by the Federal
Government, State and local governments, transportationrelated associations, private businesses, and consumers.’’;
(3) by redesignating subsections (d), (e), and (f) as subsections (h), (i), and (j), respectively;
(4) by striking subsection (g);
(5) by inserting after subsection (c) the following:
‘‘(d) INTERMODAL TRANSPORTATION DATA BASE.—
‘‘(1) IN GENERAL.—In consultation with the Associate Deputy Secretary, the Assistant Secretaries, and the heads of the
operating administrations of the Department of Transportation,
the Director shall establish and maintain a transportation data
base for all modes of transportation.
‘‘(2) USE.—The data base shall be suitable for analyses
carried out by the Federal Government, the States, and metropolitan planning organizations.
‘‘(3) CONTENTS.—The data base shall include—
‘‘(A) information on the volumes and patterns of movement of goods, including local, interregional, and international movement, by all modes of transportation and
intermodal combinations, and by relevant classification;

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 439

‘‘(B) information on the volumes and patterns of movement of people, including local, interregional, and international movements, by all modes of transportation (including bicycle and pedestrian modes) and intermodal combinations, and by relevant classification;
‘‘(C) information on the location and connectivity of
transportation facilities and services; and
‘‘(D) a national accounting of expenditures and capital
stocks on each mode of transportation and intermodal combination.
‘‘(e) NATIONAL TRANSPORTATION LIBRARY.—
‘‘(1) IN GENERAL.—The Director shall establish and maintain a National Transportation Library, which shall contain
a collection of statistical and other information needed for
transportation decisionmaking at the Federal, State, and local
levels.
‘‘(2) ACCESS.—The Director shall facilitate and promote
access to the Library, with the goal of improving the ability
of the transportation community to share information and the
ability of the Director to make statistics readily accessible
under subsection (c)(5).
‘‘(3) COORDINATION.—The Director shall work with other
transportation libraries and other transportation information
providers, both public and private, to achieve the goal specified
in paragraph (2).
‘‘(f) NATIONAL TRANSPORTATION ATLAS DATA BASE.—
‘‘(1) IN GENERAL.—The Director shall develop and maintain
geospatial data bases that depict—
‘‘(A) transportation networks;
‘‘(B) flows of people, goods, vehicles, and craft over
the networks; and
‘‘(C) social, economic, and environmental conditions
that affect or are affected by the networks.
‘‘(2) INTERMODAL NETWORK ANALYSIS.—The data bases shall
be able to support intermodal network analysis.
‘‘(g) RESEARCH AND DEVELOPMENT GRANTS.—
‘‘(1) IN GENERAL.—The Secretary may make grants to, or
enter into cooperative agreements or contracts with, public
and nonprofit private entities (including State transportation
departments, metropolitan planning organizations, and institutions of higher education) for—
‘‘(A) investigation of the subjects specified in subsection
(c)(1) and research and development of new methods of
data collection, management, integration, dissemination,
interpretation, and analysis;
‘‘(B) development of electronic clearinghouses of
transportation data and related information, as part of
the National Transportation Library under subsection (e);
and
‘‘(C) development and improvement of methods for
sharing geographic data, in support of the national
transportation atlas data base under subsection (f) and
the National Spatial Data Infrastructure developed under
Executive Order No. 12906.
‘‘(2) LIMITATION.—Not more than $500,000 of the amounts
made available to carry out this section in a fiscal year may
be used to carry out this subsection.’’;

112 STAT. 440

PUBLIC LAW 105–178—JUNE 9, 1998

(6) by striking subsection (i) (as redesignated by paragraph
(3) of this subsection) and inserting the following:
‘‘(i) PROHIBITION ON CERTAIN DISCLOSURES.—
‘‘(1) IN GENERAL.—An officer or employee of the Bureau
may not—
‘‘(A) make any disclosure in which the data provided
by an individual or organization under subsection (c)(2)
can be identified;
‘‘(B) use the information provided under subsection
(c)(2) for a nonstatistical purpose; or
‘‘(C) permit anyone other than an individual authorized
by the Director to examine any individual report provided
under subsection (c)(2).
‘‘(2) PROHIBITION ON REQUESTS FOR CERTAIN DATA.—
‘‘(A) GOVERNMENT AGENCIES.—No department, bureau,
agency, officer, or employee of the United States (except
the Director in carrying out this section) may require,
for any reason, a copy of any report that has been filed
under subsection (c)(2) with the Bureau or retained by
an individual respondent.
‘‘(B) COURTS.—Any copy of a report described in
subparagraph (A) that has been retained by an individual
respondent or filed with the Bureau or any of its employees,
contractors, or agents—
‘‘(i) shall be immune from legal process; and
‘‘(ii) shall not, without the consent of the individual
concerned, be admitted as evidence or used for any
purpose in any action, suit, or other judicial or administrative proceeding.
‘‘(C) APPLICABILITY.—This paragraph shall apply only
to reports that permit information concerning an individual
or organization to be reasonably inferred by direct or
indirect means.
‘‘(3) DATA COLLECTED FOR NONSTATISTICAL PURPOSES.—In
a case in which the Bureau is authorized by statute to collect
data or information for a nonstatistical purpose, the Director
shall clearly distinguish the collection of the data or information, by rule and on the collection instrument, so as to inform
a respondent that is requested or required to supply the data
or information of the nonstatistical purpose.’’;
(7) in subsection (j) (as redesignated by paragraph (3) of
this subsection) by striking ‘‘On or before January 1, 1994,
and annually thereafter, the’’ and inserting ‘‘The’’; and
(8) by adding at the end the following:
‘‘(k) PROCEEDS OF DATA PRODUCT SALES.—Notwithstanding section 3302 of title 31, United States Code, funds received by the
Bureau from the sale of data products, for necessary expenses
incurred, may be credited to the Highway Trust Fund (other than
the Mass Transit Account) for the purpose of reimbursing the
Bureau for the expenses.’’.
(b) CONFORMING AMENDMENTS.—Section 5503 of title 49, United
States Code, is amended—
(1) by striking subsection (d); and
(2) by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 441

SEC. 5110. UNIVERSITY TRANSPORTATION RESEARCH.

(a) IN GENERAL.—Subchapter I of chapter 55 of title 49, United
States Code, is amended by adding at the end the following:
‘‘§ 5505. University transportation research
‘‘(a) REGIONAL CENTERS.—The Secretary of Transportation shall
make grants to nonprofit institutions of higher learning to establish
and operate 1 university transportation center in each of the 10
United States Government regions that comprise the Standard Federal Regional Boundary System.
‘‘(b) OTHER CENTERS.—The Secretary shall make grants to nonprofit institutions of higher learning to establish and operate university transportation centers, in addition to the centers receiving
grants under subsection (a), to address transportation management
and research and development matters, with special attention to
increasing the number of highly skilled individuals entering the
field of transportation.
‘‘(c) SELECTION OF GRANT RECIPIENTS.—
‘‘(1) APPLICATIONS.—In order to be eligible to receive a
grant under this section, a nonprofit institution of higher learning shall submit to the Secretary an application that is in
such form and contains such information as the Secretary may
require.
‘‘(2) SELECTION CRITERIA.—Except as otherwise provided
by this section, the Secretary shall select each recipient of
a grant under this section through a competitive process on
the basis of the following:
‘‘(A) For regional centers, the location of the center
within the Federal region to be served.
‘‘(B) The demonstrated research and extension
resources available to the recipient to carry out this section.
‘‘(C) The capability of the recipient to provide leadership in making national and regional contributions to the
solution of immediate and long-range transportation problems.
‘‘(D) The recipient’s establishment of a surface
transportation program encompassing several modes of
transportation.
‘‘(E) The recipient’s demonstrated commitment of at
least $200,000 in regularly budgeted institutional amounts
each year to support ongoing transportation research and
education programs.
‘‘(F) The recipient’s demonstrated ability to disseminate
results of transportation research and education programs
through a statewide or regionwide continuing education
program.
‘‘(G) The strategic plan the recipient proposes to carry
out under the grant.
‘‘(d) OBJECTIVES.—Each university transportation center receiving a grant under this section shall conduct the following programs
and activities:
‘‘(1) Basic and applied research, the products of which
are judged by peers or other experts in the field to advance
the body of knowledge in transportation.
‘‘(2) An education program that includes multidisciplinary
course work and participation in research.

112 STAT. 442

Contracts.

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(3) An ongoing program of technology transfer that makes
research results available to potential users in a form that
can be implemented, utilized, or otherwise applied.
‘‘(e) MAINTENANCE OF EFFORT.—In order to be eligible to receive
a grant under this section, a recipient shall enter into an agreement
with the Secretary to ensure that the recipient will maintain total
expenditures from all other sources to establish and operate a
university transportation center and related research activities at
a level at least equal to the average level of such expenditures
in its 2 fiscal years prior to award of a grant under this section.
‘‘(f) FEDERAL SHARE.—The Federal share of the costs of activities carried out using a grant made under this section is 50 percent
of costs. The non-Federal share may include funds provided to
a recipient under section 503, 504(b), or 505 of title 23, United
States Code.
‘‘(g) PROGRAM COORDINATION.—
‘‘(1) COORDINATION.—The Secretary shall coordinate the
research, education, training, and technology transfer activities
that grant recipients carry out under this section, disseminate
the results of the research, and establish and operate a clearinghouse.
‘‘(2) ANNUAL REVIEW AND EVALUATION.—At least annually
and consistent with the plan developed under section 5506,
the Secretary shall review and evaluate programs the grant
recipients carry out.
‘‘(3) FUNDING LIMITATION.—The Secretary may use not
more than 1 percent of amounts made available from Government sources to carry out this subsection.
‘‘(h) LIMITATION ON AVAILABILITY OF FUNDS.—Funds made
available to carry out this program shall remain available for obligation for a period of 2 years after the last day of the fiscal year
for which such funds are authorized.
‘‘(i) NUMBER AND AMOUNT OF GRANTS.—
‘‘(1) FISCAL YEARS 1998 AND 1999.—For each of fiscal years
1998 and 1999, the Secretary shall make the following grants
under this section:
‘‘(A) GROUP A.—The Secretary shall make a grant in
the amount of $1,000,000 to each of the institutions in
group A.
‘‘(B) GROUP B.—The Secretary shall make a grant in
the amount of $300,000 to each of the institutions in group
B.
‘‘(C) GROUP C.—The Secretary shall make a grant in
the amount of $750,000 to each of the institutions in group
C.
‘‘(D) GROUP D.—The Secretary shall make a grant in
the amount of $2,000,000 to each of the institutions in
group D.
‘‘(2) FISCAL YEARS 2000 AND 2001.—For each of fiscal years
2000 and 2001, the Secretary shall make the following grants
under this section:
‘‘(A) GROUP A.—The Secretary shall make a grant in
the amount of $1,000,000 to each of the institutions in
group A.
‘‘(B) GROUP B.—The Secretary shall make a grant in
the amount of $500,000 to 8 of the institutions in group
B.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 443

‘‘(C) GROUP C.—The Secretary shall make a grant in
the amount of $750,000 to each of the institutions in group
C.
‘‘(D) GROUP D.—The Secretary shall make a grant in
the amount of $2,000,000 to each of the institutions in
group D.
‘‘(3) FISCAL YEARS 2002 AND 2003.—For each of fiscal years
2002 and 2003, the Secretary shall make the following grants
under this section:
‘‘(A) GROUP A.—The Secretary shall make a grant in
the amount of $1,000,000 to each of the institutions in
group A.
‘‘(B) GROUPS B AND C.—The Secretary shall make a
grant in the amount of $1,000,000 to 10 of the institutions
in groups B and C that received grants under this section
in fiscal years 2000 and 2001.
‘‘(C) GROUP D.—The Secretary shall make a grant in
the amount of $2,000,000 to each of the institutions in
group D.
‘‘(j) IDENTIFICATION OF GROUPS.—For the purpose of making
grants under this section, the following groups are identified:
‘‘(1) GROUP A.—Group A shall consist of the 10 regional
centers selected under subsection (a).
‘‘(2) GROUP B.—Group B shall consist of the following:
‘‘(A) The University of Denver and Mississippi State
University.
‘‘(B) The University of Central Florida.
‘‘(C) University of Southern California and California
State University at Long Beach.
‘‘(D) Rutgers University.
‘‘(E) University of Missouri at Rolla.
‘‘(F) South Carolina State University.
‘‘(G) Joseph P. Kennedy Science and Technology Center, Assumption College, Massachusetts.
‘‘(H) Purdue University.
‘‘(3) GROUP C.—Group C shall consist of the following:
‘‘(A) University of Arkansas.
‘‘(B) New Jersey Institute of Technology.
‘‘(C) University of Idaho.
‘‘(D) The University of Alabama.
‘‘(E) Morgan State University.
‘‘(F) North Carolina State University.
‘‘(G) San Jose State University.
‘‘(H) University of South Florida.
‘‘(I) North Carolina A. and T. State University.
‘‘(4) GROUP D.—Group D shall consist of the following:
‘‘(A) University of Minnesota.
‘‘(B) Marshall University, West Virginia, on behalf of
a consortium of West Virginia colleges and universities.
‘‘(C) George Mason University, along with the University of Virginia and Virginia Tech University.
‘‘(D) Western Transportation Institute.
‘‘(E) Rhode Island Transportation Research Center.
‘‘(F) Northwestern University.’’.

112 STAT. 444

PUBLIC LAW 105–178—JUNE 9, 1998

(b) CONFORMING AMENDMENT.—The table of sections for chapter
55 of title 49, United States Code, is amended by inserting after
the item relating to section 5504 the following:
‘‘5505. University transportation research.’’.

(c) REPEALS.—Section 5316 and 5317 of title 49, United States
Code, and the items relating to such sections in the analysis for
chapter 53 of such title, are repealed.
SEC. 5111. ADVANCED VEHICLE TECHNOLOGIES PROGRAM.

(a) IN GENERAL.—Subchapter I of chapter 55 of subtitle I of
title 49, United States Code (as amended by section 5110 of this
Act), is amended by adding at the end the following:

Contracts.

‘‘§ 5506. Advanced vehicle technologies program
‘‘(a) PURPOSES.—The Secretary of Transportation, in coordination with other government agencies and private consortia, shall
encourage and promote the research, development, and deployment
of transportation technologies that will use technological advances
in multimodal vehicles, vehicle components, environmental technologies, and related infrastructure to remove impediments to an
efficient, safe, and cost-effective national transportation system.
‘‘(b) DEFINITION OF ELIGIBLE CONSORTIUM.—In this section,
the term ‘eligible consortium’ means a consortium that receives
funding under the Department of Defense Appropriations Act, 1993
(Public Law 102–396; 106 Stat. 1876), and that comprises 2 or
more of the following entities:
‘‘(1) Businesses incorporated in the United States.
‘‘(2) Public or private educational or research organizations
located in the United States.
‘‘(3) Entities of State or local governments in the United
States.
‘‘(4) Federal laboratories.
‘‘(c) PROGRAM.—The Secretary shall enter into contracts,
cooperative agreements, and other transactions as authorized by
section 2371 of title 10 with, and make grants to, eligible consortia
to promote the development and deployment of innovation in
transportation technology services, management, and operational
practices.
‘‘(d) ELIGIBILITY CRITERIA.—To be eligible to receive assistance
under this section, an eligible consortium shall—
‘‘(1) for a period of not less than the 3 years preceding
the date of a contract, cooperative agreement, or other transaction, be organized on a statewide or multistate basis for
the purpose of designing, developing, and deploying transportation technologies that address identified technological impediments in the transportation field;
‘‘(2) facilitate the participation in the consortium of smalland medium-sized businesses, utilities, public laboratories and
universities, and other relevant entities;
‘‘(3) be actively engaged in transportation technology
projects that address compliance in nonattainment areas under
the Clean Air Act (42 U.S.C. 7401 et seq.);
‘‘(4) be designed to use Federal and State funding to attract
private capital in the form of grants or investments to carry
out this section; and
‘‘(5) ensure that at least 50 percent of the funding for
the consortium project will be provided by non-Federal sources.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 445

‘‘(e) PROPOSALS.—The Secretary shall prescribe such terms and
conditions as the Secretary determines to be appropriate for the
content and structure of proposals submitted for assistance under
this section.
‘‘(f) REPORTING REQUIREMENTS.—At least once each year, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report on the
projects undertaken by the eligible consortia and the progress made
in advancing the purposes of this section.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $50,000,000 for each of fiscal years
1999 through 2003, to remain available until expended.
‘‘(2) AVAILABILITY.—Notwithstanding section 118(a), funds
made available under paragraph (1) shall not be available
in advance of an annual appropriation.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 55
of title 49, United States Code, is amended by inserting after
the item relating to section 5505 the following:
‘‘5506. Advanced vehicle technologies program.’’.
SEC. 5112. STUDY OF FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM.

23 USC 502 note.

(a) STUDY.—Not later than 120 days after the date of enactment
of this Act, the Secretary shall make a grant to, or enter into
a cooperative agreement or contract with, the Transportation
Research Board of the National Academy of Sciences (in this section
referred to as the ‘‘Board’’) to conduct a study to determine the
goals, purposes, research agenda and projects, administrative structure, and fiscal needs for a new strategic highway research program
to replace the program established under section 307(d) (as in
effect on the day before the date of enactment of this Act), or
a similar effort.
(b) CONSULTATION.—In conducting the study, the Board shall
consult with the American Association of State Highway and
Transportation Officials and such other entities as the Board determines appropriate to the conduct of the study.
(c) REPORT.—Not later than 5 years after making a grant
or entering into a cooperative agreement or contract under subsection (a), the Board shall submit a final report on the results
of the study to the Secretary, the Committee on Environment and
Public Works of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives.

Contracts.

SEC. 5113. COMMERCIAL REMOTE SENSING PRODUCTS AND SPATIAL
INFORMATION TECHNOLOGIES.

23 USC 502 note.

(a) IN GENERAL.—The Secretary shall establish and carry out
a program to validate commercial remote sensing products and
spatial information technologies for application to national transportation infrastructure development and construction.
(b) PROGRAM STAGES.—
(1) FIRST STAGE.—Not later than 18 months after the date
of enactment of this Act, the Secretary shall establish a national
policy for the use of commercial remote sensing products and
spatial information technologies in national transportation
infrastructure development and construction.

112 STAT. 446

PUBLIC LAW 105–178—JUNE 9, 1998

(2) SECOND STAGE.—After establishment of the national
policy under paragraph (1), the Secretary shall develop new
applications of commercial remote sensing products and spatial
information technologies for the implementation of the national
policy.
(c) COOPERATION.—The Secretary shall carry out this section
in cooperation with the Commercial Remote Sensing Program of
the National Aeronautics and Space Administration and a consortium of university research centers.
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000 for each
of fiscal years 1999 through 2004.
SEC. 5114. SENSE OF THE CONGRESS ON THE YEAR 2000 PROBLEM.

With the year 2000 fast approaching, it is the sense of the
Congress that the Secretary should—
(1) give high priority to correcting all 2-digit date-related
problems in computer systems of the Department of Transportation to ensure that the systems continue to operate effectively
in the year 2000 and thereafter;
(2) assess immediately the extent of the risk to the operations of the Department of Transportation posed by the problems referred to in paragraph (1), and plan and budget for
achieving year 2000 compliance for all mission-critical systems
of the Department; and
(3) develop contingency plans for those systems that the
Secretary of Transportation is unable to correct in time.
49 USC 111 note.

SEC. 5115. INTERNATIONAL TRADE TRAFFIC.

(a) STUDY.—The Director shall carry out a study—
(1) to measure the ton-miles and value-miles of international trade traffic carried by highway for each State;
(2) to evaluate the accuracy and reliability of such measures
for use in the formula for highway apportionments;
(3) to evaluate the accuracy and reliability of the use of
diesel fuel data as a measure of international trade traffic
by State; and
(4) to identify needed improvements in long-term data
collection programs to provide accurate and reliable measures
of international traffic for use in the formula for highway
apportionments.
(b) BASIS FOR EVALUATIONS.—The study shall evaluate the
accuracy and reliability of measures for use as formula factors
based on statistical quality standards developed by the Bureau
in consultation with the Committee on National Statistics of the
National Academy of Sciences.
(c) REPORT.—Not later than 3 years after the date of enactment
of this Act, the Director shall submit to the Committee on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
a report on the results of the study carried out under paragraph
(1), including recommendations for changes in law necessary to
implement the identified needs for improvements in long-term data
collection programs.
SEC. 5116. UNIVERSITY GRANTS.

(a) SEISMIC RESEARCH, UNIVERSITY
DIEGO.—

OF

CALIFORNIA

AT

SAN

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 447

(1) GRANTS.—The Secretary shall make grants to the
University of California at San Diego to upgrade earthquake
simulation facilities at the University.
(2) FUNDING.—Of the amounts made available under section 5001(a)(1) of this Act, $1,000,000 for each of fiscal years
1999 through 2002 shall be available to carry out this subsection.
(b) GLOBAL CLIMATE RESEARCH, UNIVERSITY OF ALABAMA AT
HUNTSVILLE.—
(1) GRANTS.—The Secretary shall make grants to the
University of Alabama at Huntsville for global climate research.
(2) FUNDING.—Of the amounts made available under section 5001(a)(1) of this Act, $200,000 for each of fiscal years
1999 through 2003 shall be available to carry out this subsection.
(c) ASPHALT RESEARCH, AUBURN UNIVERSITY.—
(1) GRANTS.—The Secretary shall make grants to Auburn
University for asphalt research.
(2) FUNDING.—Of the amounts made available under section 5001(a)(1) of this Act, $250,000 for each of fiscal years
1999 and 2000 shall be available to carry out this subsection.
(d) ADVANCED VEHICLE RESEARCH, UNIVERSITY OF ALABAMA
AT TUSCALOOSA.—
(1) GRANTS.—The Secretary shall make grants to the
University of Alabama at Tuscaloosa for advanced vehicle
research, including the study of fuel cell and electric vehicle
technology.
(2) FUNDING.—Of the amounts made available under section 5001(a)(2) of this Act, $400,000 for each of fiscal years
1999 through 2003 shall be available to carry out this subsection.
(e) GEOTHERMAL HEAT PUMP SMART BRIDGE PROGRAM, OKLAHOMA STATE UNIVERSITY.—
(1) GRANTS.—The Secretary shall make grants to Oklahoma
State University for the purposes of research, development,
and field testing of the Geothermal Heat Pump Smart Bridge
Program.
(2) FUNDING.—Of the amounts made available under section 5001(a)(2) of this Act, $1,000,000 for fiscal year 1999,
$1,000,000 for fiscal year 2000, and $500,000 for fiscal year
2001 shall be available to carry out this subsection.
(f) INTELLIGENT STIFFENER FOR BRIDGE STRESS REDUCTION,
UNIVERSITY OF OKLAHOMA.—
(1) GRANTS.—The Secretary shall make grants to the
University of Oklahoma, College of Engineering, Center for
Structural Control, for the purposes of research, development,
and field testing of the Intelligent Stiffener for Bridge Stress
Reduction.
(2) FUNDING.—Of the amounts made available under section 5001(a)(2) of this Act, $1,000,000 for fiscal year 1999,
$1,000,000 for fiscal year 2000, $1,000,000 for fiscal year 2001,
and $500,000 for fiscal year 2002 shall be available to carry
out this subsection.
(g) STUDY OF ADVANCED TRAUMA CARE, UNIVERSITY OF ALABAMA AT BIRMINGHAM.—

112 STAT. 448

PUBLIC LAW 105–178—JUNE 9, 1998
(1) GRANTS.—The Secretary shall make grants to the
University of Alabama at Birmingham for the study of advanced
trauma care.
(2) FUNDING.—Of the amounts made available under section 5001(a)(2) of this Act, $750,000 for each of fiscal years
1999 through 2003 shall be available to carry out this subsection.
(h) CENTER FOR TRANSPORTATION INJURY RESEARCH.—
(1) GRANTS.—The Secretary shall make grants to establish
and maintain a center for transportation injury research at
the Calspan University of Buffalo Research Center affiliated
with the State University of New York at Buffalo.
(2) FUNDING.—Of the amounts made available under section 5001(a)(2) of this Act, $2,000,000 for each of fiscal years
1998 through 2003 shall be available to carry out this subsection.
(i) HEAD AND SPINAL CORD INJURY RESEARCH.—
(1) GRANTS.—The Secretary shall make grants to the
Neuroscience Center for Excellence at Louisiana State University and the Virginia Transportation Research Institute at
George Washington University for research and technology
development for preventing and minimizing head and spinal
cord injuries relating to automobile accidents.
(2) FUNDING.—Of the amounts made available under section 5001(a)(2) of this Act, $500,000 for each of fiscal years
1999 through 2003 shall be available to carry out this subsection.

23 USC 502 note.

SEC. 5117. TRANSPORTATION TECHNOLOGY INNOVATION AND DEMONSTRATION PROGRAM.

(a) IN GENERAL.—The Secretary shall carry out a transportation
technology innovation and demonstration program in accordance
with the requirements of this section.
(b) CONTENTS OF PROGRAM.—
(1) MOTOR VEHICLE SAFETY WARNING SYSTEM.—
(A) IN GENERAL.—The Secretary shall expand and continue the study authorized by section 358(c) of the National
Highway System Designation Act of 1995 (23 U.S.C. 401
note; 109 Stat. 625) relating to the development of a motor
vehicle safety warning system and shall conduct tests of
such system.
(B) GRANTS.—In carrying out this paragraph, the Secretary may make grants to State and local governments.
(C) FUNDING.—Of the amounts made available for each
of fiscal years 1998 through 2000 by section 5001(a)(2)
of this Act, $700,000 per fiscal year shall be available
to carry out this paragraph.
(2) MOTOR CARRIER ADVANCED SENSOR CONTROL SYSTEM.—
(A) IN GENERAL.—The Secretary shall conduct research
on the deployment of a system of advanced sensors and
signal processors in trucks and tractor trailers to determine
axle and wheel alignment, monitor collision alarm, check
tire pressure and tire balance conditions, measure and
detect load distribution in the vehicle, and monitor and
adjust automatic braking systems.
(B) FUNDING.—Of the amounts made available for each
of fiscal years 1998 through 2003 by section 5001(a)(2)

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 449

of this Act, $700,000 per fiscal year shall be available
to carry out this paragraph.
(3) INTELLIGENT TRANSPORTATION INFRASTRUCTURE.—
(A) IN GENERAL.—The Secretary shall carry out a program to advance the deployment of an operational intelligent transportation infrastructure system for the
measurement of various transportation system activities
to aid in the transportation planning and analysis while
making a significant contribution to the ITS program under
this title. This program shall be initiated in the 2 largest
metropolitan areas in the Commonwealth of Pennsylvania.
The program may locate its database at the facility authorized under paragraph (6).
(B) DESCRIPTION.—The program under this section
shall meet the following objectives:
(i) Build an infrastructure of the measurement
of various transportation system metrics to aid in planning, analysis, and maintenance of the Department
of Transportation, including the buildout, maintenance,
and operation of greater than 40 metropolitan area
systems with a cost not to exceed $2,000,000 per metropolitan area. For the purposes of this demonstration
initiative, a metropolitan area is defined as any area
that has a population exceeding 300,000 and that
meets several of the criteria established by the Secretary in conjunction with the intelligent vehicle highway systems corridors program.
(ii) Provide private technology commercialization
initiatives to generate revenues which will be shared
with local departments of transportation.
(iii) Collect data primarily through wireless transmission along with some shared wide area networks.
(iv) Aggregate data into reports for multipoint data
distribution techniques.
(v) Utilize an advanced information system
designed and monitored by an entity with experience
with the Department of Transportation in the design
and monitoring of high reliability, mission critical voice
and data systems.
(C) ELIGIBILITY.—In addition to the amounts made
available under subparagraph (D), the program authorized
under this paragraph shall be eligible for funding under
sections 5207 and 5208 of this Act.
(D) FUNDING.—Of the amounts made available for each
of fiscal years 1998 through 2003 by section 5001(a)(2)
of this Act, $1,700,000 per fiscal year shall be available
to carry out this paragraph.
(E) FEDERAL SHARE.—The Federal share of the cost
of a program carried out under this paragraph shall be
80 percent of the cost of such program.
(4) CORROSION CONTROL AND PREVENTION.—
(A) IN GENERAL.—The Secretary shall make a grant
to conduct a study on the costs and benefits of corrosion
control and prevention. The study shall be conducted in
conjunction with an interdisciplinary team of experts from
the fields of metallurgy, chemistry, economics, and others,
as appropriate. Not later than September 30, 2001, the

Deadline.
Reports.

112 STAT. 450

PUBLIC LAW 105–178—JUNE 9, 1998
Secretary shall submit to Congress a report on the study
results, together with any recommendations.
(B) FUNDING.—Of the amounts made available for each
of fiscal years 1999 and 2000 by section 5001(a)(1) of this
Act, $500,000 per fiscal year shall be available to carry
out this paragraph.
(5) FUNDAMENTAL PROPERTIES OF ASPHALTS AND MODIFIED
ASPHALTS.—
(A) IN GENERAL.—The Secretary shall continue to carry
out section 6016 of the Intermodal Surface Transportation
Efficiency Act of 1991. Additional areas of the program
under such section shall be asphalt-water interaction
studies and asphalt-aggregate thin film behavior studies.
(B) FUNDING.—Of the amounts made available for each
of fiscal years 1999 through 2003 by section 5001(a)(1)
of this Act, $3,000,000 per fiscal year shall be available
to carry out this paragraph.
(6) ADVANCED TRAFFIC MONITORING AND RESPONSE
CENTER.—
(A) IN GENERAL.—The Secretary shall make grants
to the Pennsylvania Transportation Institute, in conjunction with the Pennsylvania Turnpike Commission, to establish an advanced traffic monitoring and emergency
response center at Letterkenny Army Depot in Chambersburg, Pennsylvania. The center shall help develop and
coordinate traffic monitoring and ITS systems on portions
of the Pennsylvania Turnpike system and I–81, coordinate
emergency response with State and local governments in
the Central Pennsylvania Region and conduct research on
emergency response and prototype trauma response.
(B) FUNDING.—
(i) ELIGIBILITY UNDER SECTION 5208.—The center
established under this paragraph shall be eligible for
funding under section 5208 of this Act.
(ii) ALLOCATION.—Of the amounts made available
for each of fiscal years 1998 through 2003 by section
5001(a)(2) of this Act, $1,667,000 per fiscal year shall
be available to carry out this paragraph.
(7) TRANSPORTATION ECONOMIC AND LAND USE SYSTEM.—
(A) IN GENERAL.—The Secretary shall continue development and deployment through the New Jersey Institute
of Technology to metropolitan planning organizations of
the Transportation Economic and Land Use System.
(B) FUNDING.—Of the amounts made available for each
of fiscal years 1998 through 2003 by section 5001(a)(2)
of this Act, $1,000,000 per fiscal year shall be available
to carry out this paragraph.
(8) RECYCLED MATERIALS RESOURCE CENTER.—
(A) ESTABLISHMENT.—The Secretary shall establish at
the University of New Hampshire a research program to
be known as the ‘‘Recycled Materials Resource Center’’
(referred to in this paragraph as the ‘‘Center’’).
(B) ACTIVITIES.—
(i) IN GENERAL.—The Center shall—
(I) systematically test, evaluate, develop
appropriate guidelines for, and demonstrate
environmentally acceptable and occupationally

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 451

safe technologies and techniques for the increased
use of traditional and nontraditional recycled and
secondary materials in transportation infrastructure construction and maintenance;
(II) make information available to State
transportation departments, the Federal Highway
Administration, the construction industry, and
other interested parties to assist in evaluating
proposals to use traditional and nontraditional
recycled and secondary materials in transportation
infrastructure construction;
(III) encourage the increased use of traditional
and nontraditional recycled and secondary materials by using sound science to analyze thoroughly
all potential long-term considerations that affect
the physical and environmental performance of the
materials; and
(IV) work cooperatively with Federal and State
officials to reduce the institutional barriers that
limit widespread use of traditional and nontraditional recycled and secondary materials and to
ensure that such increased use is consistent with
the sustained environmental and physical integrity
of the infrastructure in which the materials are
used.
(ii) SITES AND PROJECTS UNDER ACTUAL FIELD
CONDITIONS.—In carrying out clause (i)(III), the Secretary may authorize the Center to—
(I) use test sites and demonstration projects
under actual field conditions to develop appropriate performance data; and
(II) develop appropriate tests and guidelines
to ensure correct use of recycled and secondary
materials
in
transportation
infrastructure
construction.
(C) REVIEW AND EVALUATION.—
(i) IN GENERAL.—Not less often than every 2 years,
the Secretary shall review and evaluate the program
carried out by the Center.
(ii) NOTIFICATION OF DEFICIENCIES.—In carrying
out clause (i), if the Secretary determines that the
Center is deficient in carrying out subparagraph (B),
the Secretary shall notify the Center of each deficiency
and recommend specific measures to address the deficiency.
(iii) DISQUALIFICATION.—If, after the end of the
180-day period that begins on the date of notification
to the Center under clause (ii), the Secretary determines that the Center has not corrected each deficiency
identified under clause (ii), the Secretary may, after
notifying the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the determination, disqualify the Center from
further participation under this section.
(D) FUNDING.—Of the amounts made available for each
of fiscal years 1998 through 2003 by section 5001(a)(1)

112 STAT. 452

PUBLIC LAW 105–178—JUNE 9, 1998
of this Act, $1,500,000 per fiscal year shall be available
to carry out this paragraph.

SEC. 5118. DREXEL UNIVERSITY INTELLIGENT INFRASTRUCTURE
INSTITUTE.

(a) IN GENERAL.—The Secretary, in cooperation with the
Commonwealth of Pennsylvania, shall establish the Intelligent
Infrastructure Institute at Drexel University, Pennsylvania. The
Institute shall conduct research, training, technology transfer,
construction, maintenance, and other activities to advance infrastructure research.
(b) FUNDING.—The amounts made available by the item numbered 315 in the table contained in section 1602 of this Act shall
be available to carry out this section.
(c) AUTHORIZATION.—There is authorized to be appropriated
$10,000,000 to carry out subsection (a).
(d) FACILITY.—Funds made available to carry out this section
may be used to construct a building to house the Institute.
SEC. 5119. CONFORMING AMENDMENTS.

(a) Section 204(b) of title 23, United States Code, is amended
in the last sentence by striking ‘‘326’’ and inserting ‘‘504(b)’’.
(b) Sections 307, 321, 325, and 326 of title 23, United States
Code, are repealed.
(c) The analysis for chapter 3 of title 23, United States Code,
is amended by striking the items relating to sections 307, 321,
325, and 326.
(d) Section 115(a)(1)(A)(i) of title 23, United States Code, is
amended by striking ‘‘or 307’’ and inserting ‘‘or 505’’.
(e) Section 151(d) of title 23, United States Code, is amended
by striking ‘‘section 307(a),’’ and inserting ‘‘section 502,’’.
(f) Section 106 of Public Law 89–564 (23 U.S.C. 403 note;
80 Stat. 735) is amended in the third sentence by striking ‘‘sections
307 and 403 of title 23, United States Code,’’ and inserting ‘‘section
403 and chapter 5 of title 23, United States Code,’’.
Intelligent
Transportation
Systems Act of
1998.
Intergovernmental
relations.
Urban and rural
areas.
23 USC 502 note.
23 USC 502 note.

Subtitle C—Intelligent Transportation
Systems
SEC. 5201. SHORT TITLE.

This subtitle may be cited as the ‘‘Intelligent Transportation
Systems Act of 1998’’.
SEC. 5202. FINDINGS.

Congress finds that—
(1) investments authorized by the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1914 et seq.)
have demonstrated that intelligent transportation systems can
mitigate surface transportation problems in a cost-effective
manner; and
(2) continued investment in architecture and standards
development, research, and systems integration is needed to
accelerate the rate at which intelligent transportation systems
are incorporated into the national surface transportation network, thereby improving transportation safety and efficiency

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 453

and reducing costs and negative impacts on communities and
the environment.
SEC. 5203. GOALS AND PURPOSES.

23 USC 502 note.

(a) GOALS.—The goals of the intelligent transportation system
program include—
(1) enhancement of surface transportation efficiency and
facilitation of intermodalism and international trade to enable
existing facilities to meet a significant portion of future
transportation needs, including public access to employment,
goods, and services, and to reduce regulatory, financial, and
other transaction costs to public agencies and system users;
(2) achievement of national transportation safety goals,
including the enhancement of safe operation of motor vehicles
and nonmotorized vehicles, with particular emphasis on
decreasing the number and severity of collisions;
(3) protection and enhancement of the natural environment
and communities affected by surface transportation, with
particular emphasis on assisting State and local governments
to achieve national environmental goals;
(4) accommodation of the needs of all users of surface
transportation systems, including operators of commercial
vehicles, passenger vehicles, and motorcycles, and including
individuals with disabilities; and
(5) improvement of the Nation’s ability to respond to emergencies and natural disasters and enhancement of national
defense mobility.
(b) PURPOSES.—The Secretary shall implement activities under
the intelligent system transportation program to, at a minimum—
(1) expedite, in both metropolitan and rural areas, deployment and integration of intelligent transportation systems for
consumers of passenger and freight transportation;
(2) ensure that Federal, State, and local transportation
officials have adequate knowledge of intelligent transportation
systems for full consideration in the transportation planning
process;
(3) improve regional cooperation and operations planning
for effective intelligent transportation system deployment;
(4) promote the innovative use of private resources;
(5) develop a workforce capable of developing, operating,
and maintaining intelligent transportation systems; and
(6) complete deployment of Commercial Vehicle Information
Systems and Networks in a majority of States by September
30, 2003.
SEC. 5204. GENERAL AUTHORITIES AND REQUIREMENTS.

(a) SCOPE.—Subject to the provisions of this subtitle, the Secretary shall conduct an ongoing intelligent transportation system
program to research, develop, and operationally test intelligent
transportation systems and advance nationwide deployment of such
systems as a component of the surface transportation systems of
the United States.
(b) POLICY.—Intelligent transportation system operational tests
and deployment projects funded pursuant to this subtitle shall
encourage and not displace public-private partnerships or private
sector investment in such tests and projects.
(c) COOPERATION WITH GOVERNMENTAL, PRIVATE, AND EDUCATIONAL ENTITIES.—The Secretary shall carry out the intelligent

23 USC 502 note.

112 STAT. 454

PUBLIC LAW 105–178—JUNE 9, 1998

transportation system program in cooperation with State and local
governments and other public entities, the United States private
sector, the Federal laboratories, and colleges and universities,
including historically black colleges and universities and other
minority institutions of higher education.
(d) CONSULTATION WITH FEDERAL OFFICIALS.—In carrying out
the intelligent transportation system program, the Secretary, as
appropriate, shall consult with the Secretary of Commerce, the
Secretary of the Treasury, the Administrator of the Environmental
Protection Agency, the Director of the National Science Foundation,
and the heads of other Federal departments and agencies.
(e) TECHNICAL ASSISTANCE, TRAINING, AND INFORMATION.—The
Secretary may provide technical assistance, training, and information to State and local governments seeking to implement, operate,
maintain, or evaluate intelligent transportation system technologies
and services.
(f) TRANSPORTATION PLANNING.—The Secretary may provide
funding to support adequate consideration of transportation system
management and operations, including intelligent transportation
systems, within metropolitan and statewide transportation planning
processes.
(g) INFORMATION CLEARINGHOUSE.—
(1) IN GENERAL.—The Secretary shall—
(A) maintain a repository for technical and safety data
collected as a result of federally sponsored projects carried
out under this subtitle; and
(B) on request, make that information (except for
proprietary information and data) readily available to all
users of the repository at an appropriate cost.
(2) DELEGATION OF AUTHORITY.—
(A) IN GENERAL.—The Secretary may delegate the
responsibility of the Secretary under this subsection, with
continuing oversight by the Secretary, to an appropriate
entity not within the Department of Transportation.
(B) FEDERAL ASSISTANCE.—If the Secretary delegates
the responsibility, the entity to which the responsibility
is delegated shall be eligible for Federal assistance under
this section.
(h) ADVISORY COMMITTEES.—
(1) IN GENERAL.—In carrying out this subtitle, the Secretary may use 1 or more advisory committees.
(2) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—
Any advisory committee so used shall be subject to the Federal
Advisory Committee Act (5 U.S.C. App.).
(i) PROCUREMENT METHODS.—
(1) TECHNICAL ASSISTANCE.—The Secretary shall develop
appropriate technical assistance and guidance to assist State
and local agencies in evaluating and selecting appropriate
methods of procurement for intelligent transportation system
projects carried out using funds made available from the Highway Trust Fund, including innovative and nontraditional methods such as the Information Technology Omnibus Procurement.
(2) INTELLIGENT TRANSPORTATION SYSTEM SOFTWARE.—To
the maximum extent practicable, contracting officials shall use
as a critical evaluation criterion the Software Engineering
Institute’s Capability Maturity Model, or another similar recognized standard risk assessment methodology, to reduce the

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 455

cost, schedule, and performance risks associated with the development, management, and integration of intelligent transportation system software.
(j) EVALUATIONS.—
(1) GUIDELINES AND REQUIREMENTS.—
(A) IN GENERAL.—The Secretary shall issue guidelines
and requirements for the evaluation of operational tests
and deployment projects carried out under this subtitle.
(B) OBJECTIVITY AND INDEPENDENCE.—The guidelines
and requirements issued under subparagraph (A) shall
include provisions to ensure the objectivity and independence of the evaluator so as to avoid any real or apparent
conflict of interest or potential influence on the outcome
by parties to any such test or deployment project or by
any other formal evaluation carried out under this subtitle.
(C) FUNDING.—The guidelines and requirements issued
under subparagraph (A) shall establish evaluation funding
levels based on the size and scope of each test or project
that ensure adequate evaluation of the results of the test
or project.
(2) SPECIAL RULE.—Any survey, questionnaire, or interview
that the Secretary considers necessary to carry out the evaluation of any test, deployment project, or program assessment
activity under this subtitle shall not be subject to chapter
35 of title 44.
SEC. 5205. NATIONAL ITS PROGRAM PLAN.

(a) IN GENERAL.—
(1) UPDATES.—The Secretary shall maintain and update,
as necessary, the National ITS Program Plan developed by
the Department of Transportation and the Intelligent Transportation Society of America.
(2) SCOPE.—The National ITS Program Plan shall—
(A) specify the goals, objectives, and milestones for
the research and deployment of intelligent transportation
systems in the context of major metropolitan areas, smaller
metropolitan and rural areas, and commercial vehicle operations;
(B) specify how specific programs and projects will
achieve the goals, objectives, and milestones referred to
in subparagraph (A), including consideration of the 5- and
10-year timeframes for the goals and objectives;
(C) identify activities that provide for the dynamic
development of standards and protocols to promote and
ensure interoperability in the implementation of intelligent
transportation system technologies, including actions taken
to establish critical standards; and
(D) establish a cooperative process with State and local
governments for determining desired surface transportation
system performance levels and developing plans for incorporation of specific intelligent transportation system capabilities into surface transportation systems.
(b) REPORTING.—The plan described in subsection (a) shall be
transmitted and updated as part of the Surface Transportation
Research and Development Strategic Plan developed under section
508 of title 23, United States Code.

23 USC 502 note.

112 STAT. 456
23 USC 502 note.

Federal Register,
publication.

Federal Register,
publication.

PUBLIC LAW 105–178—JUNE 9, 1998

SEC. 5206. NATIONAL ARCHITECTURE AND STANDARDS.

(a) IN GENERAL.—
(1) DEVELOPMENT, IMPLEMENTATION, AND MAINTENANCE.—
Consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110
Stat. 783), the Secretary shall develop, implement, and maintain a national architecture and supporting standards and
protocols to promote the widespread use and evaluation of
intelligent transportation system technology as a component
of the surface transportation systems of the United States.
(2) INTEROPERABILITY AND EFFICIENCY.—To the maximum
extent practicable, the national architecture shall promote
interoperability among, and efficiency of, intelligent transportation system technologies implemented throughout the United
States.
(3) USE OF STANDARDS DEVELOPMENT ORGANIZATIONS.—In
carrying out this section, the Secretary may use the services
of such standards development organizations as the Secretary
determines to be appropriate.
(b) REPORT ON CRITICAL STANDARDS.—Not later than June 1,
1999, the Secretary shall submit a report to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure and the Committee on Science
of the House of Representatives identifying which standards are
critical to ensuring national interoperability or critical to the
development of other standards and specifying the status of the
development of each standard identified.
(c) PROVISIONAL STANDARDS.—
(1) IN GENERAL.—If the Secretary finds that the development or balloting of an intelligent transportation system standard jeopardizes the timely achievement of the objectives identified in subsection (a), the Secretary may establish a provisional
standard after consultation with affected parties, and using,
to the extent practicable, the work product of appropriate standards development organizations.
(2) CRITICAL STANDARDS.—If a standard identified as critical in the report under subsection (b) is not adopted and published by the appropriate standards development organization
by January 1, 2001, the Secretary shall establish a provisional
standard after consultation with affected parties, and using,
to the extent practicable, the work product of appropriate standards development organizations.
(3) PERIOD OF EFFECTIVENESS.—A provisional standard
established under paragraph (1) or (2) shall be published in
the Federal Register and remain in effect until the appropriate
standards development organization adopts and publishes a
standard.
(d) WAIVER OF REQUIREMENT TO ESTABLISH PROVISIONAL
STANDARD.—
(1) IN GENERAL.—The Secretary may waive the requirement
under subsection (c)(2) to establish a provisional standard if
the Secretary determines that additional time would be productive or that establishment of a provisional standard would
be counterproductive to achieving the timely achievement of
the objectives identified in subsection (a).
(2) NOTICE.—The Secretary shall publish in the Federal
Register a notice describing each standard for which a waiver

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 457

of the provisional standard requirement has been granted, the
reasons for and effects of granting the waiver, and an estimate
as to when the standard is expected to be adopted through
a process consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note; 110 Stat. 783).
(3) WITHDRAWAL OF WAIVER.—At any time the Secretary
may withdraw a waiver granted under paragraph (1). Upon
such withdrawal, the Secretary shall publish in the Federal
Register a notice describing each standard for which a waiver
has been withdrawn and the reasons for withdrawing the
waiver.
(e) CONFORMITY WITH NATIONAL ARCHITECTURE.—
(1) IN GENERAL.—Except as provided in paragraphs (2)
and (3), the Secretary shall ensure that intelligent transportation system projects carried out using funds made available
from the Highway Trust Fund, including funds made available
under this subtitle to deploy intelligent transportation system
technologies, conform to the national architecture, applicable
standards or provisional standards, and protocols developed
under subsection (a).
(2) SECRETARY’S DISCRETION.—The Secretary may authorize
exceptions to paragraph (1) for—
(A) projects designed to achieve specific research objectives outlined in the National ITS Program Plan under
section 5205 or the Surface Transportation Research and
Development Strategic Plan developed under section 508
of title 23, United States Code; or
(B) the upgrade or expansion of an intelligent transportation system in existence on the date of enactment of
this subtitle, if the Secretary determines that the upgrade
or expansion—
(i) would not adversely affect the goals or purposes
of this subtitle;
(ii) is carried out before the end of the useful
life of such system; and
(iii) is cost-effective as compared to alternatives
that would meet the conformity requirement of paragraph (1).
(3) EXCEPTIONS.—Paragraph (1) shall not apply to funds
used for operation or maintenance of an intelligent transportation system in existence on the date of enactment of this
subtitle.
(f) SPECTRUM.—The Federal Communications Commission shall
consider, in consultation with the Secretary, spectrum needs for
the operation of intelligent transportation systems, including spectrum for the dedicated short-range vehicle-to-wayside wireless
standard. Not later than January 1, 2000, the Federal Communications Commission shall have completed a rulemaking considering
the allocation of spectrum for intelligent transportation systems.
SEC. 5207. RESEARCH AND DEVELOPMENT.

(a) IN GENERAL.—The Secretary shall carry out a comprehensive program of intelligent transportation system research, development and operational tests of intelligent vehicles and intelligent
infrastructure systems, and other similar activities that are necessary to carry out this subtitle.

23 USC 502 note.

112 STAT. 458

PUBLIC LAW 105–178—JUNE 9, 1998

(b) PRIORITY AREAS.—Under the program, the Secretary shall
give higher priority to funding projects that—
(1) address traffic management, incident management,
transit management, toll collection, traveler information, or
highway operations systems;
(2) focus on crash-avoidance and integration of in-vehicle
crash protection technologies with other on-board safety systems, including the interaction of air bags and safety belts;
(3) incorporate human factors research, including the
science of the driving process;
(4) facilitate the integration of intelligent infrastructure,
vehicle, and control technologies, including magnetic guidance
control systems or other materials or magnetics research; or
(5) incorporate research on the impact of environmental,
weather, and natural conditions on intelligent transportation
systems, including the effects of cold climates.
(c) OPERATIONAL TESTS.—Operational tests conducted under
this section shall be designed for the collection of data to permit
objective evaluation of the results of the tests, derivation of costbenefit information that is useful to others contemplating deployment of similar systems, and development and implementation
of standards.
(d) FEDERAL SHARE.—The Federal share of the cost of operational tests and demonstrations under subsection (a) shall not
exceed 80 percent.
23 USC 502 note.

SEC. 5208. INTELLIGENT TRANSPORTATION SYSTEM INTEGRATION
PROGRAM.

(a) IN GENERAL.—The Secretary shall conduct a comprehensive
program to accelerate the integration and interoperability of intelligent transportation systems in metropolitan and rural areas.
Under the program, the Secretary shall select for funding, through
competitive solicitation, projects that will serve as models to
improve transportation efficiency, promote safety (including safe
freight movement), increase traffic flow (including the flow of intermodal travel at ports of entry), reduce emissions of air pollutants,
improve traveler information, enhance alternative transportation
modes, build on existing intelligent transportation system projects,
or promote tourism.
(b) SELECTION OF PROJECTS.—Under the program, the Secretary
shall give priority to funding projects that—
(1) contribute to national deployment goals and objectives
outlined in the National ITS Program Plan under section 5205;
(2) demonstrate a strong commitment to cooperation among
agencies, jurisdictions, and the private sector, as evidenced
by signed memoranda of understanding that clearly define the
responsibilities and relations of all parties to a partnership
arrangement, including institutional relationships and financial
agreements needed to support deployment;
(3) encourage private sector involvement and financial
commitment, to the maximum extent practicable, through
innovative financial arrangements, especially public-private
partnerships, including arrangements that generate revenue
to offset public investment costs;
(4) demonstrate commitment to a comprehensive plan of
fully integrated intelligent transportation system deployment

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 459

in accordance with the national architecture and standards
and protocols established under section 5206;
(5) are part of approved plans and programs developed
under applicable statewide and metropolitan transportation
planning processes and applicable State air quality implementation plans, as appropriate, at the time at which Federal funds
are sought;
(6) minimize the relative percentage and amount of Federal
contributions under this section to total project costs;
(7) ensure continued, long-term operations and maintenance without continued reliance on Federal funding under
this subtitle, as evidenced by documented evidence of fiscal
capacity and commitment from anticipated public and private
sources;
(8) demonstrate technical capacity for effective operations
and maintenance or commitment to acquiring necessary skills;
(9) mitigate any adverse impacts on bicycle and pedestrian
transportation and safety; or
(10) in the case of a rural area, meet other safety, mobility,
geographic and regional diversity, or economic development
criteria as determined by the Secretary.
(c) FISCAL YEAR LIMITATIONS.—Of the amounts made available
to carry out this section for a fiscal year—
(1) not more that $15,000,000 may be used for projects
in a single metropolitan area;
(2) not more than $2,000,000 may be used for projects
in a single rural area; and
(3) not more than $35,000,000 may be used for projects
in a State.
(d) FUNDING LIMITATIONS.—
(1) PROJECTS IN METROPOLITAN AREAS.—Funding under this
section for intelligent transportation infrastructure projects in
metropolitan areas shall be used primarily for activities necessary to integrate intelligent transportation infrastructure elements that are either deployed or to be deployed with other
sources of funds.
(2) OTHER PROJECTS.—For projects outside metropolitan
areas, funding provided under this subtitle may also be used
for installation of intelligent transportation infrastructure elements.
(e) FUNDING FOR RURAL AREAS.—The Secretary shall allocate
not less than 10 percent of funds authorized by section 5001(c)(4)(A)
in rural areas for intelligent transportation infrastructure deployment activities funded under this section to carry out intelligent
transportation infrastructure deployment activities in rural areas.
(f) FEDERAL SHARE.—
(1) FUNDS MADE AVAILABLE UNDER THIS SECTION.—The Federal share of the cost of a project payable from funds made
available under this section shall not exceed 50 percent.
(2) FUNDS MADE AVAILABLE FROM ALL FEDERAL SOURCES.—
The total Federal share of the cost of a project payable from
all eligible sources (including this section) shall not exceed
80 percent.
(g) CORRIDOR DEVELOPMENT AND COORDINATION.—
(1) IN GENERAL.—The Secretary shall encourage multistate
cooperative agreements, coalitions, or other arrangements
intended to promote regional cooperation, planning, and shared

Contracts.

112 STAT. 460

PUBLIC LAW 105–178—JUNE 9, 1998
project implementation for intelligent transportation system
projects.
(2) GREAT LAKES ITS IMPLEMENTATION.—
(A) IN GENERAL.—The Secretary shall make grants
under this subsection to the State of Wisconsin to continue
ITS activities in the corridor serving the Greater Milwaukee, Wisconsin, Chicago, Illinois, and Gary, Indiana, areas
initiated under the Intermodal Surface Transportation Efficiency Act of 1991 and other areas of the State.
(B) FUNDING.—Of the amounts made available for each
of fiscal years 1998 through 2003 under section
5001(c)(4)(A) of this Act, $2,000,000 per fiscal year shall
be available to carry out this paragraph.
(3) NORTHEAST ITS IMPLEMENTATION.—
(A) IN GENERAL.—The Secretary shall make grants
under this subsection to the States to continue ITS activities in the Interstate Route I–95 corridor in the northeastern United States initiated under the Intermodal Surface Transportation Efficiency Act of 1991.
(B) FUNDING.—Of the amounts made available for each
of fiscal years 1998 through 2003 under section
5001(c)(4)(A) of this Act, $5,000,000 per fiscal year shall
be available to carry out this paragraph.

23 USC 502 note.

SEC. 5209. COMMERCIAL VEHICLE INTELLIGENT TRANSPORTATION
SYSTEM INFRASTRUCTURE DEPLOYMENT.

(a) IN GENERAL.—The Secretary shall carry out a comprehensive program to deploy intelligent transportation systems that—
(1) improve the safety and productivity of commercial
vehicles and drivers; and
(2) reduce costs associated with commercial vehicle operations and Federal and State commercial vehicle regulatory
requirements.
(b) PURPOSE.—The program shall advance the technological
capability and promote the deployment of intelligent transportation
system applications to commercial vehicle operations, including
commercial vehicle, commercial driver, and carrier-specific information systems and networks.
(c) PRIORITY AREAS.—In carrying out the program, the Secretary shall give priority to projects that—
(1) encourage multistate cooperation and corridor development;
(2)(A) improve the safety of commercial vehicle operations;
and
(B) increase the efficiency of regulatory inspection processes
to reduce administrative burdens by advancing technology to
facilitate inspections and generally increase the effectiveness
of enforcement efforts;
(3)(A) advance electronic processing of registration information, driver licensing information, fuel tax information, inspection and crash data, and other safety information; and
(B) promote communication of the information among the
States; or
(4) enhance the safe passage of commercial vehicles across
the United States and across international borders.
(d) LEVERAGING OF FEDERAL FUNDS.—Federal funds used to
carry out the program shall, to the maximum extent practicable—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 461

(1) be leveraged with non-Federal funds; and
(2) be used for activities not carried out through the use
of private funds.
(e) FEDERAL SHARE.—The Federal share of the cost of the
project payable from funds made available to carry out this section
shall not exceed 50 percent. The total Federal share of the cost
of the project payable from all eligible sources shall not exceed
80 percent.
SEC. 5210. USE OF FUNDS.

(a) OUTREACH AND PUBLIC RELATIONS LIMITATION.—
(1) IN GENERAL.—For each fiscal year, not more than
$5,000,000 of the funds made available to carry out this subtitle
shall be used for intelligent transportation system outreach,
public relations, displays, scholarships, tours, and brochures.
(2) APPLICABILITY.—Paragraph (1) shall not apply to intelligent transportation system training or the publication or distribution of research findings, technical guidance, or similar
documents.
(b) INFRASTRUCTURE DEVELOPMENT.—Funds made available to
carry out this subtitle for operational tests and deployment
projects—
(1) shall be used primarily for the development of intelligent transportation system infrastructure; and
(2) to the maximum extent practicable, shall not be used
for the construction of physical highway and transit infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation
system project.
(c) LIFE CYCLE COST ANALYSIS AND FINANCING AND OPERATIONS
PLAN.—The Secretary shall require an applicant for funds made
available under sections 5208 and 5209 to submit to the Secretary—
(1) an analysis of the life-cycle costs of operation and
maintenance of intelligent transportation system elements, if
the total initial capital costs of the elements exceed $3,000,000;
and
(2) a multiyear financing and operations plan that describes
how the project will be cost-effectively operated and maintained.
SEC. 5211. DEFINITIONS.

In this subtitle, the following definitions apply:
(1) COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS.—The term ‘‘Commercial Vehicle Information Systems
and Networks’’ means the information systems and communications networks that support commercial vehicle operations.
(2) COMMERCIAL VEHICLE OPERATIONS.—The term ‘‘commercial vehicle operations’’—
(A) means motor carrier operations and motor vehicle
regulatory activities associated with the commercial movement of goods, including hazardous materials, and passengers; and
(B) with respect to the public sector, includes the
issuance of operating credentials, the administration of
motor vehicle and fuel taxes, and roadside safety and border crossing inspection and regulatory compliance operations.
(3) CORRIDOR.—The term ‘‘corridor’’ means any major
transportation route that includes parallel limited access highways, major arterials, or transit lines.

23 USC 502 note.

112 STAT. 462

PUBLIC LAW 105–178—JUNE 9, 1998
(4) INTELLIGENT TRANSPORTATION INFRASTRUCTURE.—The
term ‘‘intelligent transportation infrastructure’’ means fully
integrated public sector intelligent transportation system
components, as defined by the Secretary.
(5) INTELLIGENT TRANSPORTATION SYSTEM.—The term
‘‘intelligent transportation system’’ means electronics, communications, or information processing used singly or in combination to improve the efficiency or safety of a surface transportation system.
(6) NATIONAL ARCHITECTURE.—The term ‘‘national architecture’’ means the common framework for interoperability
adopted by the Secretary that defines—
(A) the functions associated with intelligent transportation system user services;
(B) the physical entities or subsystems within which
the functions reside;
(C) the data interfaces and information flows between
physical subsystems; and
(D) the communications requirements associated with
the information flows.
(7) STANDARD.—The term ‘‘standard’’ means a document
that—
(A) contains technical specifications or other precise
criteria for intelligent transportation systems that are to
be used consistently as rules, guidelines, or definitions
of characteristics so as to ensure that materials, products,
processes, and services are fit for their purposes; and
(B) may support the national architecture and promote—
(i) the widespread use and adoption of intelligent
transportation system technology as a component of
the surface transportation systems of the United
States; and
(ii) interoperability among intelligent transportation system technologies implemented throughout
the States.
(8) STATE.—The term ‘‘State’’ has the meaning given the
term under section 101 of title 23, United States Code.

23 USC 502 note.

SEC. 5212. PROJECT FUNDING.

(a) USE OF HAZARDOUS MATERIALS MONITORING SYSTEMS.—
(1) IN GENERAL.—The Secretary shall conduct research on
improved methods of deploying and integrating existing ITS
projects to include hazardous materials monitoring systems
across various modes of transportation.
(2) FUNDING.—Of the amounts made available for each
of fiscal years 1998 through 2003 by section 5001(a)(6) of this
Act, $1,500,000 per fiscal year shall be available to carry out
this paragraph.
(b) OUTREACH AND TECHNOLOGY TRANSFER ACTIVITIES.—
(1) IN GENERAL.—The Secretary shall continue to support
the Urban Consortium’s ITS outreach and technology transfer
activities.
(2) FUNDING.—Of the amounts made available for each
of fiscal years 1998 through 2003 by section 5001(a)(5) of this
Act, $500,000 per fiscal year shall be available to carry out
this paragraph.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 463

(c) TRANSLINK.—
(1) IN GENERAL.—The Secretary shall make grants to the
Texas Transportation Institute to continue the Translink
Research program.
(2) FUNDING.—Of the amounts allocated for each of fiscal
years 1999 through 2001 by section 5001(a)(6) of this Act,
$1,300,000 per fiscal year shall be available to carry out this
paragraph.
SEC. 5213. REPEAL.

23 USC 502 note.

The Intermodal Surface Transportation Efficiency Act of 1991
is amended by striking part B of title VI (23 U.S.C. 307 note;
105 Stat. 2189).

TITLE VI—OZONE AND PARTICULATE
MATTER STANDARDS
SEC. 6101. FINDINGS AND PURPOSE.

(a) The Congress finds that—
(1) there is a lack of air quality monitoring data for fine
particle levels, measured as PM2.5, in the United States and
the States should receive full funding for the monitoring efforts;
(2) such data would provide a basis for designating areas
as attainment or nonattainment for any PM2.5 national ambient
air quality standards pursuant to the standards promulgated
in July 1997;
(3) the President of the United States directed the Administrator of the Environmental Protection Agency (referred to in
this title as the ‘‘Administrator’’) in a memorandum dated July
16, 1997, to complete the next periodic review of the particulate
matter national ambient air quality standards by July 2002
in order to determine ‘‘whether to revise or maintain the standards’’;
(4) the Administrator has stated that 3 years of air quality
monitoring data for fine particle levels, measured as PM2.5
and performed in accordance with any applicable Federal reference methods, is appropriate for designating areas as attainment or nonattainment pursuant to the July 1997 promulgated
standards; and
(5) the Administrator has acknowledged that in drawing
boundaries for attainment and nonattainment areas for the
July 1997 ozone national air quality standards, Governors
would benefit from considering implementation guidance from
EPA on drawing area boundaries.
(b) The purposes of this title are—
(1) to ensure that 3 years of air quality monitoring data
regarding fine particle levels are gathered for use in the determination of area attainment or nonattainment designations
respecting any PM2.5 national ambient air quality standards;
(2) to ensure that the Governors have adequate time to
consider implementation guidance from EPA on drawing area
boundaries prior to submitting area designations respecting
the July 1997 ozone national ambient air quality standards;
(3) to ensure that the schedule for implementation of the
July 1997 revisions of the ambient air quality standards for
particulate matter and the schedule for the Environmental

42 USC 7407
note.

112 STAT. 464

PUBLIC LAW 105–178—JUNE 9, 1998
Protection Agency’s visibility regulations related to regional
haze are consistent with the timetable for implementation of
such particulate matter standards as set forth in the President’s
Implementation Memorandum dated July 16, 1997.

42 USC 7407
note.

SEC. 6102. PARTICULATE MATTER MONITORING PROGRAM.

(a) Through grants under section 103 of the Clean Air Act
the Administrator of the Environmental Protection Agency shall
use appropriated funds no later than fiscal year 2000 to fund
100 percent of the cost of the establishment, purchase, operation
and maintenance of a PM2.5 monitoring network necessary to implement the national ambient air quality standards for PM2.5 under
section 109 of the Clean Air Act. This implementation shall not
result in a diversion or reprogramming of funds from other Federal,
State or local Clean Air Act activities. Any funds previously diverted
or reprogrammed from section 105 Clean Air Act grants for PM2.5
monitors must be restored to State or local air programs in fiscal
year 1999.
(b) EPA and the States, consistent with their respective authorities under the Clean Air Act, shall ensure that the national network
(designated in subsection (a)) which consists of the PM2.5 monitors
necessary to implement the national ambient air quality standards
is established by December 31, 1999.
(c)(1) The Governors shall be required to submit designations
referred to in section 107(d)(1) of the Clean Air Act for each area
following promulgation of the July 1997 PM2.5 national ambient
air quality standard within 1 year after receipt of 3 years of air
quality monitoring data performed in accordance with any
applicable Federal reference methods for the relevant areas. Only
data from the monitoring network designated in subsection (a)
and other Federal reference method PM2.5 monitors shall be considered for such designations. Nothing in the previous sentence shall
be construed as affecting the Governor’s authority to designate
an area initially as nonattainment, and the Administrator’s authority to promulgate the designation of an area as nonattainment,
under section 107(d)(1) of the Clean Air Act, based on its contribution to ambient air quality in a nearby nonattainment area.
(2) For any area designated as nonattainment for the July
1997 PM2.5 national ambient air quality standard in accordance
with the schedule set forth in this section, notwithstanding the
time limit prescribed in paragraph (2) of section 169B(e) of the
Clean Air Act, the Administrator shall require State implementation
plan revisions referred to in such paragraph (2) to be submitted
at the same time as State implementation plan revisions referred
to in section 172 of the Clean Air Act implementing the revised
national ambient air quality standard for fine particulate matter
are required to be submitted. For any area designated as attainment
or unclassifiable for such standard, the Administrator shall require
the State implementation plan revisions referred to in such paragraph (2) to be submitted 1 year after the area has been so designated. The preceding provisions of this paragraph shall not preclude the implementation of the agreements and recommendations
set forth in the Grand Canyon Visibility Transport Commission
Report dated June 1996.
(d) The Administrator shall promulgate the designations
referred to in section 107(d)(1) of the Clean Air Act for each area
following promulgation of the July 1997 PM2.5 national ambient

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 465

air quality standard by the earlier of 1 year after the initial designations required under subsection (c)(1) are required to be submitted
or December 31, 2005.
(e) The Administrator shall conduct a field study of the ability
of the PM2.5 Federal Reference Method to differentiate those particles that are larger than 2.5 micrograms in diameter. This study
shall be completed and provided to the Committee on Commerce
of the House of Representatives and the Committee on Environment
and Public Works of the United States Senate no later than 2
years from the date of enactment of this Act.
SEC. 6103. OZONE DESIGNATION REQUIREMENTS.

(a) The Governors shall be required to submit the designations
referred to in section 107(d)(1) of the Clean Air Act within 2
years following the promulgation of the July 1997 ozone national
ambient air quality standards.
(b) The Administrator shall promulgate final designations no
later than 1 year after the designations required under subsection
(a) are required to be submitted.
SEC. 6104. ADDITIONAL PROVISIONS.

Nothing in sections 6101 through 6103 shall be construed by
the Administrator of Environmental Protection Agency or any court,
State, or person to affect any pending litigation or to be a ratification
of the ozone or PM2.5 standards.

42 USC 7407
note.

42 USC 7407
note.

TITLE VII—MISCELLANEOUS
Subtitle A—Automobile Safety and
Information
SEC 7101. SHORT TITLE.

This subtitle may be cited as the ‘‘National Highway Traffic
Safety Administration Reauthorization Act of 1998’’.

National
Highway Traffic
Saftey
Administration
Reauthorization
Act of 1998.
49 USC 30101
note.

SEC. 7102. AUTHORIZATION OF APPROPRIATIONS.

(a) MOTOR VEHICLE SAFETY ACTIVITIES.—Section 30104 of title
49, United States Code, is amended to read as follows:
‘‘§ 30104. Authorization of appropriations
‘‘There is authorized to be appropriated to the Secretary
$81,200,000 for the National Highway Traffic Safety Administration
to carry out this part in each fiscal year beginning in fiscal year
1999 and ending in fiscal year 2001.’’.
(b) MOTOR VEHICLE INFORMATION ACTIVITIES.—Section 32102
of title 49, United States Code, is amended to read as follows:
‘‘§ 32102. Authorization of appropriations
‘‘There is authorized to be appropriated to the Secretary
$6,200,000 for the National Highway Traffic Safety Administration
to carry out this part in each fiscal year beginning in fiscal year
1999 and ending in fiscal year 2001.’’.
SEC. 7103. IMPROVING AIR BAG SAFETY.

(a) RULEMAKING TO IMPROVE AIR BAGS.—

49 USC 30127
note.

112 STAT. 466

PUBLIC LAW 105–178—JUNE 9, 1998

(1) NOTICE OF PROPOSED RULEMAKING.—Not later than
September 1, 1998, the Secretary of Transportation shall issue
a notice of proposed rulemaking to improve occupant protection
for occupants of different sizes, belted and unbelted, under
Federal Motor Vehicle Safety Standard No. 208, while minimizing the risk to infants, children, and other occupants from
injuries and deaths caused by air bags, by means that include
advanced air bags.
(2) FINAL RULE.—Notwithstanding any other provision of
law, the Secretary shall complete the rulemaking required by
this subsection by issuing, not later than September 1, 1999,
a final rule with any provision the Secretary deems appropriate,
consistent with paragraph (1) and the requirements of section
30111, title 49, United States Code. If the Secretary determines
that the final rule cannot be completed by that date to meet
the purposes of paragraph (1), the Secretary may extend the
date for issuing the final rule to not later than March 1,
2000.
(3) EFFECTIVE DATE.—The final rule issued under this subsection shall become effective in phases as rapidly as practicable, beginning not earlier than September 1, 2002, and
no sooner than 30 months after the date of the issuance of
the final rule, but not later than September 1, 2003. The
final rule shall become fully effective for all vehicles identified
in section 30127(b), title 49, United States Code, that are
manufactured on and after September 1, 2005. Should the
phase-in of the final rule required by this paragraph commence
on September 1, 2003, then in that event, and only in that
event, the Secretary is authorized to make the final rule fully
effective on September 1, 2006, for all vehicles that are manufactured on and after that date.
(4) COORDINATION OF EFFECTIVE DATES.—The requirements
of S13 of Standard No. 208 shall remain in effect unless and
until changed by the rule required by this subsection.
(5) CREDIT FOR EARLY COMPLIANCE.—To encourage early
compliance, the Secretary is directed to include in the notice
of proposed rulemaking required by paragraph (1) means by
which manufacturers may earn credits for future compliance.
Credits, on a one-vehicle for one-vehicle basis, may be earned
for vehicles certified as being in full compliance under section
30115 of title 49, United States Code, with the rule required
by paragraph (2) which are either—
(A) so certified in advance of the phase-in period; or
(B) in excess of the percentage requirements during
the phase-in period.
(b) ADVISORY COMMITTEES.—Any government advisory committee, task force, or other entity involving air bags shall include
representatives of consumer and safety organizations, insurers,
manufacturers, and suppliers.
SEC. 7104. RESTRICTIONS ON LOBBYING ACTIVITIES.

(a) AMENDMENT.—Subchapter I of chapter 301 of title 49,
United States Code, is amended by adding at the end the following:
‘‘§ 30105. Restriction on lobbying activities
‘‘(a) IN GENERAL.—No funds appropriated to the Secretary shall
be available for any activity specifically designed to urge a State

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 467

or local legislator to favor or oppose the adoption of any specific
legislative proposal pending before any State or local legislative
body.
‘‘(b) APPEARANCE AS WITNESS NOT BARRED.—Subsection (a)
does not prohibit officers or employees of the United States from
testifying before any State or local legislative body in response
to the invitation of any member of that legislative body or a State
executive office.’’.
(b) CLERICAL AMENDMENT.—The table of contents in subchapter
I of chapter 301 of title 49, United States Code, is amended by
adding at the end the following:
‘‘30105.

Restriction on lobbying activities.’’.

SEC. 7105. ODOMETERS.

(a) TRANSFERS OF NEW MOTOR VEHICLES.—Section 32705(a)
of title 49, United States Code, is amended by adding at the end
the following:
‘‘(4)(A) This subsection shall apply to all transfers of motor
vehicles (unless otherwise exempted by the Secretary by regulation),
except in the case of transfers of new motor vehicles from a vehicle
manufacturer jointly to a dealer and a person engaged in the
business of renting or leasing vehicles for a period of 30 days
or less.
‘‘(B) For purposes of subparagraph (A), the term ‘new motor
vehicle’ means any motor vehicle driven with no more than the
limited use necessary in moving, transporting, or road testing such
vehicle prior to delivery from the vehicle manufacturer to a dealer,
but in no event shall the odometer reading of such vehicle exceed
300 miles.’’.
(b) EXEMPTED VEHICLES.—Section 32705(a) of title 49, United
States Code, as amended by subsection (a), is amended by adding
at the end the following new paragraph:
‘‘(5) The Secretary may exempt such classes or categories of
vehicles as the Secretary deems appropriate from these requirements. Until such time as the Secretary amends or modifies the
regulations set forth in 49 CFR 580.6, such regulations shall have
full force and effect.’’.
SEC. 7106. MISCELLANEOUS AMENDMENTS.

(a) REMEDIES FOR DEFECTS AND NONCOMPLIANCE.—Section
30120(i)(1) of title 49, United States Code, is amended by inserting
‘‘(including retailers of motor vehicle equipment)’’ after ‘‘dealer’’
the first time it appears.
(b) TIRES.—Section 30123 of title 49, United States Code, is
amended by striking subsections (a), (b), and (c) and by redesignating subsections (d), (e), and (f), as subsections (a), (b), and (c),
respectively.
(c) AUTOMATIC OCCUPANT CRASH PROTECTION AND SEAT BELT
USE.—Section 30127(g)(1) of title 49, United States Code, is amended by striking ‘‘every 6 months’’ and inserting ‘‘annually’’.
(d) MISCELLANEOUS.—
(1) DEFINITIONS.—
(A) COUNTRY OF ORIGIN.—Section 32304(a)(3)(B) of title
49, United States Code, is amended by inserting before
the period the following: ‘‘, plus the assembly and labor
costs incurred for the final assembly of such engines and
transmissions’’.

112 STAT. 468

PUBLIC LAW 105–178—JUNE 9, 1998

(B) FINAL ASSEMBLY PLACE.—Section 32304(a)(5) of
title 49, United States Code, is amended by adding at
the end the following: ‘‘Such term does not include facilities
for engine and transmission fabrication and assembly and
the facilities for fabrication of motor vehicle equipment
component parts which are produced at the same final
assembly place using forming processes such as stamping,
machining, or molding processes.’’.
(C) OUTSIDE SUPPLIER CONTENT REPORTING.—Section
32304(a)(9)(A) of title 49, United States Code, is amended
to read as follows:
‘‘(A) for an outside supplier—
‘‘(i) the full purchase price of passenger motor
vehicle equipment whose purchase price contains at
least 70 percent value added in the United States
and Canada; or
‘‘(ii) that portion of the purchase price of passenger
motor vehicle equipment containing less than 70 percent value added in the United States and Canada
that is attributable to the percent value added in the
United States and Canada when such percent is
expressed to the nearest 5 percent; and’’.
(2) COUNTRY OF ASSEMBLY.—Section 32304(d) of title 49,
United States Code, is amended by adding at the end the
following: ‘‘A manufacturer may add to the label required under
subsection (b) a line stating the country in which vehicle assembly was completed.’’.
(3) VEHICLE CONTENT PERCENTAGE BY ASSEMBLY PLANT.—
Section 32304 of title 49, United States Code, is amended
by redesignating subsections (c) through (f) as subsections (f)
through (i), respectively, and by adding after subsection (b)
the following:
‘‘(c) VEHICLE CONTENT PERCENTAGE BY ASSEMBLY PLANT.—
A manufacturer may display separately on the label required by
subsection (b) the domestic content of a vehicle based on the assembly plant. Such display shall occur after the matter required to
be in the label by subsection (b)(1)(A).’’.
(4) SUPPLIERS FAILING TO REPORT.—Section 32304 of title
49, United States Code, is amended by adding after subsection
(c), as added by paragraph (3), the following:
‘‘(d) VALUE ADDED DETERMINATION.—If a manufacturer or allied
supplier requests information in a timely manner from one or
more of its outside suppliers concerning the United States /Canadian
content of particular equipment, but does not receive that information despite a good faith effort to obtain it, the manufacturer or
allied supplier may make its own good faith value added determinations, subject to the following:
‘‘(1) The manufacturer or allied supplier shall make the
same value added determinations as would be made by the
outside supplier, that is, whether 70 percent or more of the
value of equipment is added in the United States and /or Canada.
‘‘(2) The manufacturer or allied supplier shall consider
the amount of value added and the location in which the
value was added for all of the stages that the outside supplier
would be required to consider.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 469

‘‘(3) The manufacturer or allied supplier may determine
that the value added in the United States and /or Canada
is 70 percent or more only if it has a good faith basis to
make that determination.
‘‘(4) A manufacturer and its allied suppliers may, on a
combined basis, make value added determinations for no more
than 10 percent, by value, of a carline’s total parts content
from outside suppliers.
‘‘(5) Value added determinations made by a manufacturer
or allied supplier under this paragraph shall have the same
effect as if they were made by the outside supplier.
‘‘(6) This provision does not affect the obligation of outside
suppliers to provide the requested information.’’.
(5) ACCOUNTING FOR THE VALUE OF SMALL PARTS.—Section
32304 of title 49, United States Code, is amended by adding
after subsection (d), as added by paragraph (4), the following:
‘‘(e) SMALL PARTS.—The country of origin of nuts, bolts, clips,
screws, pins, braces, gasoline, oil, blackout, phosphate rinse, windshield washer fluid, fasteners, tire assembly fluid, rivets, adhesives,
and grommets, of any system, subassembly, or component installed
in a vehicle shall be considered to be the country in which such
parts were included in the final assembly of such vehicle.’’.
(e) STUDY.—The National Highway Traffic Safety Administration shall conduct a study of the benefits to motor vehicle drivers
of a regulation to require the installation in a motor vehicle of
an interior device to release the trunk lid. Not later than 18 months
after the date of the enactment of this Act, the Administration
shall submit a report on the results of the study to the Committee
on Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.

49 USC 30101
note.

SEC. 7107. IMPORTATION OF MOTOR VEHICLE FOR SHOW OR DISPLAY.

(a) IMPORTATION OF NONCOMPLYING MOTOR VEHICLES.—Section
30114 of title 49, United States Code, is amended by striking
‘‘or competitive racing events’’ and inserting ‘‘competitive racing
events, show, or display’’.
(b) TRANSITION RULE.—A person who is the owner of a motor
vehicle located in the United States on the date of enactment
of this Act may seek an exemption under section 30114 of title
49, United States Code, as amended by subsection (a) of this section,
for a period of 6 months after the date regulations of the Secretary
of Transportation promulgated in response to such amendment
take effect.

Subtitle B—Railroads
SEC. 7201. HIGH-SPEED RAIL.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 26104 of title
49, United States Code, is amended—
(1) by redesignating subsection (d) as subsection (h); and
(2) by inserting after subsection (c) the following new subsections:
‘‘(d) FISCAL YEAR 1998.—(1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 1998, for carrying out section 26101 (including payment of administrative expenses
related thereto).

49 USC 30114
note.

112 STAT. 470

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(2) There are authorized to be appropriated to the Secretary
$25,000,000 for fiscal year 1998, for carrying out section 26102
(including payment of administrative expenses related thereto).
‘‘(e) FISCAL YEAR 1999.—(1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 1999, for carrying out section 26101 (including payment of administrative expenses
related thereto).
‘‘(2) There are authorized to be appropriated to the Secretary
$25,000,000 for fiscal year 1999, for carrying out section 26102
(including payment of administrative expenses related thereto).
‘‘(f) FISCAL YEAR 2000.—(1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2000, for carrying out section 26101 (including payment of administrative expenses
related thereto).
‘‘(2) There are authorized to be appropriated to the Secretary
$25,000,000 for fiscal year 2000, for carrying out section 26102
(including payment of administrative expenses related thereto).
‘‘(g) FISCAL YEAR 2001.—(1) There are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2001, for carrying out section 26101 (including payment of administrative expenses
related thereto).
‘‘(2) There are authorized to be appropriated to the Secretary
$25,000,000 for fiscal year 2001, for carrying out section 26102
(including payment of administrative expenses related thereto).’’.
(b) DEFINITION.—Section 26105(2) of title 49, United States
Code, is amended to read as follows:
‘‘(2) the term ‘high-speed rail’ means all forms of nonhighway ground transportation that run on rails or electromagnetic guideways providing transportation service which is—
‘‘(A) reasonably expected to reach sustained speeds
of more than 125 miles per hour; and
‘‘(B) made available to members of the general public
as passengers,
but does not include rapid transit operations within an urban
area that are not connected to the general rail system of
transportation;’’.
SEC. 7202. LIGHT DENSITY RAIL LINE PILOT PROJECTS.

(a) AMENDMENT.—Part B of subtitle V of title 49, United States
Code, is amended by adding at the end the following new chapter:
‘‘CHAPTER 223—LIGHT DENSITY RAIL LINE PILOT
PROJECTS
‘‘Sec.
‘‘22301. Light density rail line pilot projects.

‘‘§ 22301. Light density rail line pilot projects
‘‘(a) GRANTS.—The Secretary of Transportation may make
grants to States that have State rail plans described in section
22102 (1) and (2), to fund pilot projects that demonstrate the
relationship of light density railroad services to the statutory
responsibilities of the Secretary, including those under title 23.
‘‘(b) LIMITATIONS.—Grants under this section may be made
only for pilot projects for making capital improvements to, and
rehabilitating, publicly and privately owned rail line structures,
and may not be used for providing operating assistance.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 471

‘‘(c) PRIVATE OWNER CONTRIBUTIONS.—Grants made under this
section for projects on privately owned rail line structures shall
include contributions by the owner of the rail line structures, based
on the benefit to those structures, as determined by the Secretary.
‘‘(d) STUDY.—The Secretary shall conduct a study of the pilot
projects carried out with grant assistance under this section to
determine the public interest benefits associated with the light
density railroad networks in the States and their contribution to
a multimodal transportation system. Not later than March 31,
2003, the Secretary shall report to Congress any recommendations
the Secretary considers appropriate regarding the eligibility of light
density rail networks for Federal infrastructure financing.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out this section
$17,500,000 for each of the fiscal years 1998, 1999, 2000, 2001,
2002, and 2003. Such funds shall remain available until expended.’’.
(b) TABLE OF CHAPTERS.—The table of chapters of subtitle
V of title 49, United States Code, is amended by inserting after
the item relating to chapter 221 the following new item:
‘‘223. LIGHT DENSITY RAIL LINE PILOT PROJECTS ............................

22301’’.

SEC. 7203. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.

(a) AMENDMENTS.—Title V of the Railroad Revitalization and
Regulatory Reform Act of 1976 is amended—
(1) by striking sections 501 through 504 and inserting
the following new sections:
‘‘SEC. 501. DEFINITIONS.

‘‘For purposes of this title:
‘‘(1)(A) The term ‘cost’ means the estimated long-term cost
to the Government of a direct loan or loan guarantee or modification thereof, calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays.
‘‘(B) The cost of a direct loan shall be the net present
value, at the time when the direct loan is disbursed, of the
following estimated cash flows:
‘‘(i) Loan disbursements.
‘‘(ii) Repayments of principal.
‘‘(iii) Payments of interest and other payments by or
to the Government over the life of the loan after adjusting
for estimated defaults, prepayments, fees, penalties, and
other recoveries.
Calculation of the cost of a direct loan shall include the effects
of changes in loan terms resulting from the exercise by the
borrower of an option included in the loan contract.
‘‘(C) The cost of a loan guarantee shall be the net present
value, at the time when the guaranteed loan is disbursed,
of the following estimated cash flows:
‘‘(i) Payments by the Government to cover defaults
and delinquencies, interest subsidies, or other payments.
‘‘(ii) Payments to the Government, including origination and other fees, penalties, and recoveries.
Calculation of the cost of a loan guarantee shall include the
effects of changes in loan terms resulting from the exercise
by the guaranteed lender of an option included in the loan

45 USC 821–824.
45 USC 821.

112 STAT. 472

PUBLIC LAW 105–178—JUNE 9, 1998
guarantee contract, or by the borrower of an option included
in the guaranteed loan contract.
‘‘(D) The cost of a modification is the difference between
the current estimate of the net present value of the remaining
cash flows under the terms of a direct loan or loan guarantee
contract, and the current estimate of the net present value
of the remaining cash flows under the terms of the contract,
as modified.
‘‘(E) In estimating net present values, the discount rate
shall be the average interest rate on marketable Treasury
securities of similar maturity to the cash flows of the direct
loan or loan guarantee for which the estimate is being made.
‘‘(F) When funds are obligated for a direct loan or loan
guarantee, the estimated cost shall be based on the current
assumptions, adjusted to incorporate the terms of the loan
contract, for the fiscal year in which the funds are obligated.
‘‘(2) The term ‘current’ has the same meaning as in section
250(c)(9) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
‘‘(3) The term ‘direct loan’ means a disbursement of funds
by the Government to a non-Federal borrower under a contract
that requires the repayment of such funds. The term includes
the purchase of, or participation in, a loan made by another
lender and financing arrangements that defer payment for more
than 90 days, including the sale of a Government asset on
credit terms. The term does not include the acquisition of
a federally guaranteed loan in satisfaction of default claims.
‘‘(4) The term ‘direct loan obligation’ means a binding agreement by the Secretary to make a direct loan when specified
conditions are fulfilled by the borrower.
‘‘(5) The term ‘intermodal’ means of or relating to the
connection between rail service and other modes of transportation, including all parts of facilities at which such connection
is made.
‘‘(6) The term ‘loan guarantee’ means any guarantee, insurance, or other pledge with respect to the payment of all or
a part of the principal or interest on any debt obligation of
a non-Federal borrower to a non-Federal lender, but does not
include the insurance of deposits, shares, or other withdrawable
accounts in financial institutions.
‘‘(7) The term ‘loan guarantee commitment’ means a binding agreement by the Secretary to make a loan guarantee
when specified conditions are fulfilled by the borrower, the
lender, or any other party to the guarantee agreement.
‘‘(8) The term ‘modification’ means any Government action
that alters the estimated cost of an outstanding direct loan
(or direct loan obligation) or an outstanding loan guarantee
(or loan guarantee commitment) from the current estimate
of cash flows. This includes the sale of loan assets, with or
without recourse, and the purchase of guaranteed loans. This
also includes any action resulting from new legislation, or from
the exercise of administrative discretion under existing law,
that directly or indirectly alters the estimated cost of outstanding direct loans (or direct loan obligations) or loan guarantees
(or loan guarantee commitments) such as a change in collection
procedures.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 473

‘‘SEC. 502. DIRECT LOANS AND LOAN GUARANTEES.

‘‘(a) GENERAL AUTHORITY.—The Secretary may provide direct
loans and loan guarantees to State and local governments, government sponsored authorities and corporations, railroads, and joint
ventures that include at least 1 railroad.
‘‘(b) ELIGIBLE PURPOSES.—
‘‘(1) IN GENERAL.—Direct loans and loan guarantees under
this section shall be used to—
‘‘(A) acquire, improve, or rehabilitate intermodal or
rail equipment or facilities, including track, components
of track, bridges, yards, buildings, and shops;
‘‘(B) refinance outstanding debt incurred for the purposes described in subparagraph (A); or
‘‘(C) develop or establish new intermodal or railroad
facilities.
‘‘(2) OPERATING EXPENSES NOT ELIGIBLE.—Direct loans and
loan guarantees under this section shall not be used for railroad
operating expenses.
‘‘(c) PRIORITY PROJECTS.—In granting applications for direct
loans or guaranteed loans under this section, the Secretary shall
give priority to projects that—
‘‘(1) enhance public safety;
‘‘(2) enhance the environment;
‘‘(3) promote economic development;
‘‘(4) enable United States companies to be more competitive
in international markets;
‘‘(5) are endorsed by the plans prepared under section
135 of title 23, United States Code, by the State or States
in which they are located; or
‘‘(6) preserve or enhance rail or intermodal service to small
communities or rural areas.
‘‘(d) EXTENT OF AUTHORITY.—The aggregate unpaid principal
amounts of obligations under direct loans and loan guarantees
made under this section shall not exceed $3,500,000,000 at any
one time. Of this amount, not less than $1,000,000,000 shall be
available solely for projects primarily benefiting freight railroads
other than Class I carriers.
‘‘(e) RATES OF INTEREST.—
‘‘(1) DIRECT LOANS.—The Secretary shall require interest
to be paid on a direct loan made under this section at a
rate not less than that necessary to recover the cost of making
the loan.
‘‘(2) LOAN GUARANTEES.—The Secretary shall not make a
loan guarantee under this section if the interest rate for the
loan exceeds that which the Secretary determines to be reasonable, taking into consideration the prevailing interest rates
and customary fees incurred under similar obligations in the
private capital market.
‘‘(f) INFRASTRUCTURE PARTNERS.—
‘‘(1) AUTHORITY OF SECRETARY.—In lieu of or in combination
with appropriations of budget authority to cover the costs of
direct loans and loan guarantees as required under section
504(b)(1) of the Federal Credit Reform Act of 1990, the Secretary may accept on behalf of an applicant for assistance
under this section a commitment from a non-Federal source
to fund in whole or in part credit risk premiums with respect
to the loan that is the subject of the application. In no event

45 USC 822.

112 STAT. 474

PUBLIC LAW 105–178—JUNE 9, 1998

shall the aggregate of appropriations of budget authority and
credit risk premiums described in this paragraph with respect
to a direct loan or loan guarantee be less than the cost of
that direct loan or loan guarantee.
‘‘(2) CREDIT RISK PREMIUM AMOUNT.—The Secretary shall
determine the amount required for credit risk premiums under
this subsection on the basis of—
‘‘(A) the circumstances of the applicant, including the
amount of collateral offered;
‘‘(B) the proposed schedule of loan disbursements;
‘‘(C) historical data on the repayment history of similar
borrowers;
‘‘(D) consultation with the Congressional Budget Office;
and
‘‘(E) any other factors the Secretary considers relevant.
‘‘(3) PAYMENT OF PREMIUMS.—Credit risk premiums under
this subsection shall be paid to the Secretary before the
disbursement of loan amounts.
‘‘(4) COHORTS OF LOANS.—In order to maintain sufficient
balances of credit risk premiums to adequately protect the
Federal Government from risk of default, while minimizing
the length of time the Government retains possession of those
balances, the Secretary shall establish cohorts of loans. When
all obligations attached to a cohort of loans have been satisfied,
credit risk premiums paid for the cohort, and interest accrued
thereon, which were not used to mitigate losses shall be
returned to the original source on a pro rata basis.
‘‘(g) PREREQUISITES FOR ASSISTANCE.—The Secretary shall not
make a direct loan or loan guarantee under this section unless
the Secretary has made a finding in writing that—
‘‘(1) repayment of the obligation is required to be made
within a term of not more than 25 years from the date of
its execution;
‘‘(2) the direct loan or loan guarantee is justified by the
present and probable future demand for rail services or intermodal facilities;
‘‘(3) the applicant has given reasonable assurances that
the facilities or equipment to be acquired, rehabilitated,
improved, developed, or established with the proceeds of the
obligation will be economically and efficiently utilized;
‘‘(4) the obligation can reasonably be repaid, using an
appropriate combination of credit risk premiums and collateral
offered by the applicant to protect the Federal Government;
and
‘‘(5) the purposes of the direct loan or loan guarantee
are consistent with subsection (b).
‘‘(h) CONDITIONS OF ASSISTANCE.—The Secretary shall, before
granting assistance under this section, require the applicant to
agree to such terms and conditions as are sufficient, in the judgment
of the Secretary, to ensure that, as long as any principal or interest
is due and payable on such obligation, the applicant, and any
railroad or railroad partner for whose benefit the assistance is
intended—
‘‘(1) will not use any funds or assets from railroad or
intermodal operations for purposes not related to such operations, if such use would impair the ability of the applicant,

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 475

railroad, or railroad partner to provide rail or intermodal services in an efficient and economic manner, or would adversely
affect the ability of the applicant, railroad, or railroad partner
to perform any obligation entered into by the applicant under
this section;
‘‘(2) will, consistent with its capital resources, maintain
its capital program, equipment, facilities, and operations on
a continuing basis; and
‘‘(3) will not make any discretionary dividend payments
that unreasonably conflict with the purposes stated in subsection (b).
‘‘SEC. 503. ADMINISTRATION OF DIRECT LOANS AND LOAN GUARANTEES.

‘‘(a) APPLICATIONS.—The Secretary shall prescribe the form and
contents required of applications for assistance under section 502,
to enable the Secretary to determine the eligibility of the applicant’s
proposal, and shall establish terms and conditions for direct loans
and loan guarantees made under that section.
‘‘(b) ASSIGNMENT OF LOAN GUARANTEES.—The holder of a loan
guarantee made under section 502 may assign the loan guarantee
in whole or in part, subject to such requirements as the Secretary
may prescribe.
‘‘(c) MODIFICATIONS.—The Secretary may approve the modification of any term or condition of a direct loan, loan guarantee,
direct loan obligation, or loan guarantee commitment, including
the rate of interest, time of payment of interest or principal, or
security requirements, if the Secretary finds in writing that—
‘‘(1) the modification is equitable and is in the overall
best interests of the United States; and
‘‘(2) consent has been obtained from the applicant and,
in the case of a loan guarantee or loan guarantee commitment,
the holder of the obligation.
‘‘(d) COMPLIANCE.—The Secretary shall assure compliance, by
an applicant, any other party to the loan, and any railroad or
railroad partner for whose benefit assistance is intended, with
the provisions of this title, regulations issued hereunder, and the
terms and conditions of the direct loan or loan guarantee, including
through regular periodic inspections.
‘‘(e) COMMERCIAL VALIDITY.—For purposes of claims by any
party other than the Secretary, a loan guarantee or loan guarantee
commitment shall be conclusive evidence that the underlying obligation is in compliance with the provisions of this title, and that
such obligation has been approved and is legal as to principal,
interest, and other terms. Such a guarantee or commitment shall
be valid and incontestable in the hands of a holder thereof, including
the original lender or any other holder, as of the date when the
Secretary granted the application therefor, except as to fraud or
material misrepresentation by such holder.
‘‘(f) DEFAULT.—The Secretary shall prescribe regulations setting
forth procedures in the event of default on a loan made or guaranteed under section 502. The Secretary shall ensure that each loan
guarantee made under that section contains terms and conditions
that provide that—
‘‘(1) if a payment of principal or interest under the loan
is in default for more than 30 days, the Secretary shall pay

45 USC 823 note.

Regulations.

112 STAT. 476

PUBLIC LAW 105–178—JUNE 9, 1998

to the holder of the obligation, or the holder’s agent, the amount
of unpaid guaranteed interest;
‘‘(2) if the default has continued for more than 90 days,
the Secretary shall pay to the holder of the obligation, or
the holder’s agent, 90 percent of the unpaid guaranteed principal;
‘‘(3) after final resolution of the default, through liquidation
or otherwise, the Secretary shall pay to the holder of the
obligation, or the holder’s agent, any remaining amounts
guaranteed but which were not recovered through the default’s
resolution;
‘‘(4) the Secretary shall not be required to make any payment under paragraphs (1) through (3) if the Secretary finds,
before the expiration of the periods described in such paragraphs, that the default has been remedied; and
‘‘(5) the holder of the obligation shall not receive payment
or be entitled to retain payment in a total amount which,
together with all other recoveries (including any recovery based
upon a security interest in equipment or facilities) exceeds
the actual loss of such holder.
‘‘(g) RIGHTS OF THE SECRETARY.—
‘‘(1) SUBROGATION.—If the Secretary makes payment to
a holder, or a holder’s agent, under subsection (g) in connection
with a loan guarantee made under section 502, the Secretary
shall be subrogated to all of the rights of the holder with
respect to the obligor under the loan.
‘‘(2) DISPOSITION OF PROPERTY.—The Secretary may complete, recondition, reconstruct, renovate, repair, maintain, operate, charter, rent, sell, or otherwise dispose of any property
or other interests obtained pursuant to this section. The Secretary shall not be subject to any Federal or State regulatory
requirements when carrying out this paragraph.
‘‘(h) ACTION AGAINST OBLIGOR.—The Secretary may bring a
civil action in an appropriate Federal court in the name of the
United States in the event of a default on a direct loan made
under section 502, or in the name of the United States or of
the holder of the obligation in the event of a default on a loan
guaranteed under section 502. The holder of a guarantee shall
make available to the Secretary all records and evidence necessary
to prosecute the civil action. The Secretary may accept property
in full or partial satisfaction of any sums owed as a result of
a default. If the Secretary receives, through the sale or other
disposition of such property, an amount greater than the aggregate
of—
‘‘(1) the amount paid to the holder of a guarantee under
subsection (g) of this section; and
‘‘(2) any other cost to the United States of remedying the
default,
the Secretary shall pay such excess to the obligor.
‘‘(i) BREACH OF CONDITIONS.—The Attorney General shall commence a civil action in an appropriate Federal court to enjoin
any activity which the Secretary finds is in violation of this title,
regulations issued hereunder, or any conditions which were duly
agreed to, and to secure any other appropriate relief.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 477

‘‘(j) ATTACHMENT.—No attachment or execution may be issued
against the Secretary, or any property in the control of the Secretary, prior to the entry of final judgment to such effect in any
State, Federal, or other court.
‘‘(k) INVESTIGATION CHARGE.—The Secretary may charge and
collect from each applicant a reasonable charge for appraisal of
the value of the equipment or facilities for which the direct loan
or loan guarantee is sought, and for making necessary determinations and findings. Such charge shall not aggregate more than
one-half of 1 percent of the principal amount of the obligation.’’;
(2) by striking sections 505 through 515 (other than 511(c)),
517, and 518;
(3) in section 511(c) by striking ‘‘this section’’ and inserting
‘‘section 502’’;
(4) by moving subsection (c) of section 511 (as amended
by paragraph (3) of this section) from section 511 to section
503 (as inserted by paragraph (1) of this section), inserting
it after subsection (a), and redesignating it as subsection (b);
and
(5) by redesignating section 516 as section 504.
(b) TECHNICAL AND CONFORMING PROVISIONS.—
(1) TABLE OF CONTENTS.—The table of contents of title
V of the Railroad Revitalization and Regulatory Reform Act
of 1976 is amended by striking the items relating to sections
502 through 518 and inserting the following:

45 USC 825
et seq.
45 USC 831.

45 USC 831, 823.

45 USC 836.

‘‘Sec. 502. Direct loans and loan guarantees.
‘‘Sec. 503. Administration of direct loans and loan guarantees.
‘‘Sec. 504. Employee protection.’’.

(2) SAVINGS PROVISION.—A transaction entered into under
the authority of title V of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.) before
the date of enactment of this Act shall be administered until
completion under its terms as if this Act were not enacted.
(3) REPEAL.—Section 211(i) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721(i)) is repealed.
SEC. 7204. ALASKA RAILROAD.

(a) GRANTS.—The Secretary may make grants to the Alaska
Railroad for capital rehabilitation of and improvements to its passenger services.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $5,250,000 for each
of fiscal years 1998 through 2003.

45 USC 821 note.

45 USC 1207
note.

Subtitle C—Comprehensive One-Call
Notification
SEC. 7301. FINDINGS.

Congress finds that—
(1) unintentional damage to underground facilities during
excavation is a significant cause of disruptions in telecommunications, water supply, electric power, and other vital public
services, such as hospital and air traffic control operations,
and is a leading cause of natural gas and hazardous liquid
pipeline accidents;

49 USC 6101
note.

112 STAT. 478

PUBLIC LAW 105–178—JUNE 9, 1998
(2) excavation that is performed without prior notification
to an underground facility operator or with inaccurate or
untimely marking of such a facility prior to excavation can
cause damage that results in fatalities, serious injuries, harm
to the environment and disruption of vital services to the public;
and
(3) protection of the public and the environment from the
consequences of underground facility damage caused by excavations will be enhanced by a coordinated national effort to
improve one-call notification programs in each State and the
effectiveness and efficiency of one-call notification systems that
operate under such programs.

SEC. 7302. ONE-CALL NOTIFICATION PROGRAMS.

(a) IN GENERAL.—Subtitle III of title 49, United States Code,
is amended by adding at the end thereof the following:
‘‘CHAPTER 61—ONE-CALL NOTIFICATION PROGRAMS
‘‘Sec.
‘‘6101.
‘‘6102.
‘‘6103.
‘‘6104.
‘‘6105.
‘‘6106.
‘‘6107.
‘‘6108.

Purposes.
Definitions.
Minimum standards for State one-call notification programs.
Compliance with minimum standards.
Review of one-call system best practices.
Grants to States.
Authorization of appropriations.
Relationship to State laws.

‘‘§ 6101. Purposes
‘‘The purposes of this chapter are—
‘‘(1) to enhance public safety;
‘‘(2) to protect the environment;
‘‘(3) to minimize risks to excavators; and
‘‘(4) to prevent disruption of vital public services,
by reducing the incidence of damage to underground facilities during
excavation through the voluntary adoption and efficient
implementation by all States of State one-call notification programs
that meet the minimum standards set forth under section 6103.
‘‘§ 6102. Definitions
‘‘In this chapter, the following definitions apply:
‘‘(1) ONE-CALL NOTIFICATION SYSTEM.—The term ‘one-call
notification system’ means a system operated by an organization that has as 1 of its purposes to receive notification from
excavators of intended excavation in a specified area in order
to disseminate such notification to underground facility operators that are members of the system so that such operators
can locate and mark their facilities in order to prevent damage
to underground facilities in the course of such excavation.
‘‘(2) STATE ONE-CALL NOTIFICATION PROGRAM.—The term
‘State one-call notification program’ means the State statutes,
regulations, orders, judicial decisions, and other elements of
law and policy in effect in a State that establish the requirements for the operation of one-call notification systems in such
State.
‘‘(3) STATE.—The term ‘State’ means a State, the District
of Columbia, and Puerto Rico.
‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 479

‘‘§ 6103. Minimum standards for State one-call notification
programs
‘‘(a) MINIMUM STANDARDS.—In order to qualify for a grant
under section 6106, a State one-call notification program shall,
at a minimum, provide for—
‘‘(1) appropriate participation by all underground facility
operators;
‘‘(2) appropriate participation by all excavators; and
‘‘(3) flexible and effective enforcement under State law with
respect to participation in, and use of, one-call notification
systems.
‘‘(b) APPROPRIATE PARTICIPATION.—In determining the appropriate extent of participation required for types of underground
facilities or excavators under subsection (a), a State shall assess,
rank, and take into consideration the risks to the public safety,
the environment, excavators, and vital public services associated
with—
‘‘(1) damage to types of underground facilities; and
‘‘(2) activities of types of excavators.
‘‘(c) IMPLEMENTATION.—A State one-call notification program
also shall, at a minimum, provide for—
‘‘(1) consideration of the ranking of risks under subsection
(b) in the enforcement of its provisions;
‘‘(2) a reasonable relationship between the benefits of onecall notification and the cost of implementing and complying
with the requirements of the State one-call notification program; and
‘‘(3) voluntary participation where the State determines
that a type of underground facility or an activity of a type
of excavator poses a de minimis risk to public safety or the
environment.
‘‘(d) PENALTIES.—To the extent the State determines appropriate and necessary to achieve the purposes of this chapter, a
State one-call notification program shall, at a minimum, provide
for—
‘‘(1) administrative or civil penalties commensurate with
the seriousness of a violation by an excavator or facility owner
of a State one-call notification program;
‘‘(2) increased penalties for parties that repeatedly damage
underground facilities because they fail to use one-call notification systems or for parties that repeatedly fail to provide timely
and accurate marking after the required call has been made
to a one-call notification system;
‘‘(3) reduced or waived penalties for a violation of a requirement of a State one-call notification program that results in,
or could result in, damage that is promptly reported by the
violator;
‘‘(4) equitable relief; and
‘‘(5) citation of violations.
‘‘§ 6104. Compliance with minimum standards
‘‘(a) REQUIREMENT.—In order to qualify for a grant under section 6106, each State shall submit to the Secretary a grant application under subsection (b). The State shall submit the application
not later than 2 years after the date of enactment of this chapter.
‘‘(b) APPLICATION.—

112 STAT. 480

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(1) Upon application by a State, the Secretary shall review
that State’s one-call notification program, including the provisions for the implementation of the program and the record
of compliance and enforcement under the program.
‘‘(2) Based on the review under paragraph (1), the Secretary
shall determine whether the State’s one-call notification program meets the minimum standards for such a program set
forth in section 6103 in order to qualify for a grant under
section 6106.
‘‘(3) In order to expedite compliance under this section,
the Secretary may consult with the State as to whether an
existing State one-call notification program, a specific modification thereof, or a proposed State program would result in a
positive determination under paragraph (2).
‘‘(4) The Secretary shall prescribe the form and manner
of filing an application under this section that shall provide
sufficient information about a State’s one-call notification program for the Secretary to evaluate its overall effectiveness.
Such information may include the nature and reasons for exceptions from required participation, the types of enforcement
available, and such other information as the Secretary deems
necessary.
‘‘(5) The application of a State under paragraph (1) and
the record of actions of the Secretary under this section shall
be available to the public.
‘‘(c) ALTERNATIVE PROGRAM.—A State is eligible to receive a
grant under section 6106 if the State maintains an alternative
one-call notification program that provides protection for public
safety, excavators, and the environment that is equivalent to, or
greater than, protection provided under a program that meets the
minimum standards set forth in section 6103.
‘‘(d) REPORT.—Within 3 years after the date of the enactment
of this chapter, the Secretary shall begin to include the following
information in reports submitted under section 60124 of this title—
‘‘(1) a description of the extent to which each State has
adopted and implemented the minimum Federal standards
under section 6103 or maintains an alternative program under
subsection (c);
‘‘(2) an analysis by the Secretary of the overall effectiveness
of each State’s one-call notification program and the one-call
notification systems operating under such program in achieving
the purposes of this chapter;
‘‘(3) the impact of each State’s decisions on the extent
of required participation in one-call notification systems on
prevention of damage to underground facilities; and
‘‘(4) areas where improvements are needed in one-call
notification systems in operation in each State.
The report shall also include any recommendations the Secretary
determines appropriate. If the Secretary determines that the purposes of this chapter have been substantially achieved, no further
report under this section shall be required.
‘‘§ 6105. Review of one-call system best practices
‘‘(a) STUDY OF EXISTING ONE-CALL SYSTEMS.—Except as provided in subsection (d), the Secretary, in consultation with other
appropriate Federal agencies, State agencies, one-call notification
system operators, underground facility operators, excavators, and

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 481

other interested parties, shall undertake a study of damage prevention practices associated with existing one-call notification systems.
‘‘(b) PURPOSE OF STUDY OF DAMAGE PREVENTION PRACTICES.—
The purpose of the study is to gather information in order to
determine which existing one-call notification systems practices
appear to be the most effective in protecting the public, excavators,
and the environment and in preventing disruptions to public services and damage to underground facilities. As part of the study,
the Secretary shall consider, at a minimum—
‘‘(1) the methods used by one-call notification systems and
others to encourage participation by excavators and owners
of underground facilities;
‘‘(2) the methods by which one-call notification systems
promote awareness of their programs, including use of public
service announcements and educational materials and programs;
‘‘(3) the methods by which one-call notification systems
receive and distribute information from excavators and underground facility owners;
‘‘(4) the use of any performance and service standards
to verify the effectiveness of a one-call notification system;
‘‘(5) the effectiveness and accuracy of mapping used by
one-call notification systems;
‘‘(6) the relationship between one-call notification systems
and preventing damage to underground facilities;
‘‘(7) how one-call notification systems address the need
for rapid response to situations where the need to excavate
is urgent;
‘‘(8) the extent to which accidents occur due to errors in
marking of underground facilities, untimely marking or errors
in the excavation process after a one-call notification system
has been notified of an excavation;
‘‘(9) the extent to which personnel engaged in marking
underground facilities may be endangered;
‘‘(10) the characteristics of damage prevention programs
the Secretary believes could be relevant to the effectiveness
of State one-call notification programs; and
‘‘(11) the effectiveness of penalties and enforcement activities under State one-call notification programs in obtaining
compliance with program requirements.
‘‘(c) REPORT.—Within 1 year after the date of the enactment
of this chapter, the Secretary shall publish a report identifying
those practices of one-call notification systems that are the most
and least successful in—
‘‘(1) preventing damage to underground facilities; and
‘‘(2) providing effective and efficient service to excavators
and underground facility operators.
The Secretary shall encourage each State and operator of onecall notification programs to adopt and implement those practices
identified in the report that the State determines are the most
appropriate.
‘‘(d) SECRETARIAL DISCRETION.—Prior to undertaking the study
described in subsection (a), the Secretary shall determine whether
timely information described in subsection (b) is readily available.
If the Secretary determines that such information is readily available, the Secretary is not required to carry out the study.

112 STAT. 482

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘§ 6106. Grants to States
‘‘(a) IN GENERAL.—The Secretary may make a grant of financial
assistance to a State that qualifies under section 6104(b) to assist
in improving—
‘‘(1) the overall quality and effectiveness of one-call notification systems in the State;
‘‘(2) communications systems linking one-call notification
systems;
‘‘(3) location capabilities, including training personnel and
developing and using location technology;
‘‘(4) record retention and recording capabilities for onecall notification systems;
‘‘(5) public information and education;
‘‘(6) participation in one-call notification systems; or
‘‘(7) compliance and enforcement under the State one-call
notification program.
‘‘(b) STATE ACTION TAKEN INTO ACCOUNT.—In making grants
under this section, the Secretary shall take into consideration the
commitment of each State to improving its State one-call notification
program, including legislative and regulatory actions taken by the
State after the date of enactment of this chapter.
‘‘(c) FUNDING FOR ONE-CALL NOTIFICATION SYSTEMS.—A State
may provide funds received under this section directly to any onecall notification system in such State that substantially adopts
the best practices identified under section 6105.
‘‘§ 6107. Authorization of appropriations
‘‘(a) FOR GRANTS TO STATES.—There are authorized to be appropriated to the Secretary to provide grants to States under section
6106 $1,000,000 for fiscal year 2000 and $5,000,000 for fiscal year
2001. Such funds shall remain available until expended.
‘‘(b) FOR ADMINISTRATION.—There are authorized to be appropriated to the Secretary such sums as may be necessary to carry
out sections 6103, 6104, and 6105 for fiscal years 1999, 2000,
and 2001.
‘‘(c) GENERAL REVENUE FUNDING.—Any sums appropriated
under this section shall be derived from general revenues and
may not be derived from amounts collected under section 60301
of this title.
‘‘§ 6108. Relationship to State laws
‘‘Nothing in this chapter preempts State law or shall impose
a new requirement on any State or mandate revisions to a onecall system.’’.
(b) CONFORMING AMENDMENT.—The table of chapters for subtitle III of such title is amended by adding at the end thereof
the following:
‘‘61. ONE-CALL NOTIFICATION PROGRAMS ............................................. 6101’’.
Sportfishing and
Boating Safety
Act of 1998.

Subtitle D—Sportfishing and Boating
Safety
SEC. 7401. SHORT TITLE; AMENDMENT OF 1950 ACT.

16 USC 777 note.

(a) SHORT TITLE.—This subtitle may
‘‘Sportfishing and Boating Safety Act of 1998’’.

be

cited

as

the

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 483

(b) AMENDMENT OF 1950 ACT.—Whenever in this subtitle an
amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision of the 1950 Act, the
reference shall be considered to be made to a section or other
provision of the Act entitled ‘‘An Act to provide that the United
States shall aid the States in fish restoration and management
projects, and for other purposes,’’ approved August 9, 1950 (16
U.S.C. 777 et seq.).
SEC. 7402. OUTREACH AND COMMUNICATIONS PROGRAMS.

(a) DEFINITIONS.—Section 2 of the 1950 Act (16 U.S.C. 777a)
is amended—
(1) by indenting the left margin of so much of the text
as precedes ‘‘(a)’’ by 2 ems;
(2) by inserting ‘‘For purposes of this Act—’’ after the
section heading;
(3) by striking ‘‘For the purpose of this Act the’’ in the
first paragraph and inserting ‘‘(1) the’’;
(4) by indenting the left margin of so much of the text
as follows ‘‘include—’’ by 4 ems;
(5) by striking ‘‘(a)’’, ‘‘(b)’’, ‘‘(c)’’, and ‘‘(d)’’ and inserting
‘‘(A)’’, ‘‘(B)’’, ‘‘(C)’’, and ‘‘(D)’’, respectively;
(6) by striking ‘‘department.’’ and inserting ‘‘department;’’;
and
(7) by adding at the end the following:
‘‘(2) the term ‘outreach and communications program’
means a program to improve communications with anglers,
boaters, and the general public regarding angling and boating
opportunities, to reduce barriers to participation in these activities, to advance adoption of sound fishing and boating practices,
to promote conservation and the responsible use of the Nation’s
aquatic resources, and to further safety in fishing and boating;
and
‘‘(3) the term ‘aquatic resource education program’ means
a program designed to enhance the public’s understanding of
aquatic resources and sportfishing, and to promote the development of responsible attitudes and ethics toward the aquatic
environment.’’.
(b) FUNDING FOR OUTREACH AND COMMUNICATIONS PROGRAM.—
Section 4 of the 1950 Act (16 U.S.C. 777c) is amended—
(1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively;
(2) by inserting after subsection (b) the following:
‘‘(c) NATIONAL OUTREACH AND COMMUNICATIONS PROGRAM.—
Of the balance of each such annual appropriation remaining after
making the distribution under subsections (a) and (b), respectively,
an amount equal to—
‘‘(1) $5,000,000 for fiscal year 1999;
‘‘(2) $6,000,000 for fiscal year 2000;
‘‘(3) $7,000,000 for fiscal year 2001;
‘‘(4) $8,000,000 for fiscal year 2002; and
‘‘(5) $10,000,000 for fiscal year 2003;
shall be used for the National Outreach and Communications Program under section 8(d). Such amounts shall remain available
for 3 fiscal years, after which any portion thereof that is unobligated
by the Secretary of the Interior for that program may be expended
by the Secretary under subsection (e).’’;

112 STAT. 484

Federal Register,
publication.

PUBLIC LAW 105–178—JUNE 9, 1998

(3) in subsection (d), as redesignated, by inserting ‘‘, for
an outreach and communications program’’ after ‘‘Act’’;
(4) in subsection (d), as redesignated, by striking ‘‘subsections (a) and (b),’’ and inserting ‘‘subsections (a), (b), and
(c),’’;
(5) by adding at the end of subsection (d), as redesignated,
the following: ‘‘Of the sum available to the Secretary of the
Interior under this subsection for any fiscal year, up to
$2,500,000 may be used for the National Outreach and Communications Program under section 8(d) in addition to the amount
available for that program under subsection (c). No funds available to the Secretary under this subsection may be used to
replace funding traditionally provided through general appropriations, nor for any purposes except those purposes authorized by this Act. The Secretary shall publish a detailed accounting of the projects, programs, and activities funded under this
subsection annually in the Federal Register.’’; and
(6) in subsection (e), as redesignated, by striking ‘‘subsections (a), (b), and (c),’’ and inserting ‘‘subsections (a), (b),
(c), and (d),’’.
(c) INCREASE IN STATE ALLOCATION.—Section 8 of the 1950
Act (16 U.S.C. 777g) is amended—
(1) by striking ‘‘12 1/2 percentum’’ each place it appears
in subsection (b) and inserting ‘‘15 percent’’;
(2) by striking ‘‘10 percentum’’ in subsection (c) and inserting ‘‘15 percent’’;
(3) by inserting ‘‘and communications’’ in subsection (c)
after ‘‘outreach’’; and
(4) by redesignating subsection (d) as subsection (f); and
by inserting after subsection (c) the following:
‘‘(d) NATIONAL OUTREACH AND COMMUNICATIONS PROGRAM.—
‘‘(1) IMPLEMENTATION.—Within 1 year after the date of
enactment of the Sportfishing and Boating Safety Act of 1998,
the Secretary of the Interior shall develop and implement,
in cooperation and consultation with the Sport Fishing and
Boating Partnership Council, a national plan for outreach and
communications.
‘‘(2) CONTENT.—The plan shall provide—
‘‘(A) guidance, including guidance on the development
of an administrative process and funding priorities, for
outreach and communications programs; and
‘‘(B) for the establishment of a national program.
‘‘(3) SECRETARY MAY MATCH OR FUND PROGRAMS.—Under
the plan, the Secretary may obligate amounts available under
subsection (c) or (d) of section 4 of this Act—
‘‘(A) to make grants to any State or private entity
to pay all or any portion of the cost of carrying out any
outreach and communications program under the plan;
or
‘‘(B) to fund contracts with States or private entities
to carry out such a program.
‘‘(4) REVIEW.—The plan shall be reviewed periodically, but
not less frequently than once every 3 years.
‘‘(e) STATE OUTREACH AND COMMUNICATIONS PROGRAM.—Within
12 months after the completion of the national plan under subsection (d)(1), a State shall develop a plan for an outreach and

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 485

communications program and submit it to the Secretary. In developing the plan, a State shall—
‘‘(1) review the national plan developed under subsection
(d);
‘‘(2) consult with anglers, boaters, the sportfishing and
boating industries, and the general public; and
‘‘(3) establish priorities for the State outreach and communications program proposed for implementation.’’.
SEC. 7403. CLEAN VESSEL ACT FUNDING.

Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended
to read as follows:
‘‘(b) USE OF BALANCE AFTER DISTRIBUTION.—
‘‘(1) FISCAL YEAR 1998.—In fiscal year 1998, an amount
equal to $20,000,000 of the balance remaining after the distribution under subsection (a) shall be transferred to the Secretary of Transportation and shall be expended for State recreational boating safety programs under section 13106(a)(1)
of title 46, United States Code.
‘‘(2) FISCAL YEAR 1999.—For fiscal year 1999, of the balance
of each annual appropriation remaining after making the distribution under subsection (a), an amount equal to $74,000,000,
reduced by 82 percent of the amount appropriated for that
fiscal year from the Boat Safety Account of the Aquatic
Resources Trust Fund established by section 9504 of the
Internal Revenue Code of 1986 to carry out the purposes of
section 13106(a) of title 46, United States Code, shall be used
as follows:
‘‘(A) $10,000,000 shall be available to the Secretary
of the Interior for 3 fiscal years for obligation for qualified
projects under section 5604(c) of the Clean Vessel Act of
1992 (33 U.S.C. 1322 note).
‘‘(B) The balance remaining after the application of
subparagraph (A) shall be transferred to the Secretary
of Transportation and shall be expended for State recreational boating safety programs under section 13106 of
title 46, United States Code.
‘‘(3) FISCAL YEARS 2000–2003.—For each of fiscal years 2000
through 2003, of the balance of each annual appropriation
remaining after making the distribution under subsection (a),
an amount equal to $82,000,000, reduced by 82 percent of
the amount appropriated for that fiscal year from the Boat
Safety Account of the Aquatic Resources Trust Fund established
by section 9504 of the Internal Revenue Code of 1986 to carry
out the purposes of section 13106(a) of title 46, United States
Code, shall be used as follows:
‘‘(A) $10,000,000 shall be available for each fiscal year
to the Secretary of the Interior for 3 fiscal years for obligation for qualified projects under section 5604(c) of the Clean
Vessel Act of 1992 (33 U.S.C. 1322 note).
‘‘(B) $8,000,000 shall be available for each fiscal year
to the Secretary of the Interior for 3 fiscal years for obligation for qualified projects under section 6404(d) of the
Sportfishing and Boating Safety Act of 1998.
‘‘(C) The balance remaining after the application of
subparagraphs (A) and (B) shall be transferred for each
such fiscal year to the Secretary of Transportation and

112 STAT. 486

PUBLIC LAW 105–178—JUNE 9, 1998
shall be expended for State recreational boating safety
programs under section 13106 of title 46, United States
Code.
‘‘(4) TRANSFER OF CERTAIN FUNDS.—Amounts available
under subparagraph (A) of paragraph (2) and subparagraphs
(A) and (B) of paragraph (3) that are unobligated by the Secretary of the Interior after 3 fiscal years shall be transferred
to the Secretary of Transportation and shall be expended for
State recreational boating safety programs under section
13106(a) of title 46, United States Code.’’.

16 USC 777g–1.

SEC. 7404. BOATING INFRASTRUCTURE.

(a) PURPOSE.—The purpose of this section is to provide funds
to States for the development and maintenance of facilities for
transient nontrailerable recreational vessels.
(b) SURVEY.—Section 8 of the 1950 Act (16 U.S.C. 777g), as
amended by section 6402, is amended by adding at the end thereof
the following:
‘‘(g) SURVEYS.—
‘‘(1) NATIONAL FRAMEWORK.—Within 6 months after the
date of enactment of the Sportfishing and Boating Safety Act
of 1998, the Secretary, in consultation with the States, shall
adopt a national framework for a public boat access needs
assessment which may be used by States to conduct surveys
to determine the adequacy, number, location, and quality of
facilities providing access to recreational waters for all sizes
of recreational boats.
‘‘(2) STATE SURVEYS.—Within 18 months after such date
of enactment, each State that agrees to conduct a public boat
access needs survey following the recommended national framework shall report its findings to the Secretary for use in the
development of a comprehensive national assessment of recreational boat access needs and facilities.
‘‘(3) EXCEPTION.—Paragraph (2) does not apply to a State
if, within 18 months after such date of enactment, the Secretary
certifies that the State has developed and is implementing
a plan that ensures there are and will be public boat access
adequate to meet the needs of recreational boaters on its waters.
‘‘(4) FUNDING.—A State that conducts a public boat access
needs survey under paragraph (2) may fund the costs of
conducting that assessment out of amounts allocated to it as
funding dedicated to motorboat access to recreational waters
under subsection (b)(1) of this section.’’.
(c) PLAN.—Within 6 months after submitting a survey to the
Secretary under section 8(g) of the Act entitled ‘‘An Act to provide
that the United States shall aid the States in fish restoration
and management projects, and for other purposes,’’ approved August
9, 1950 (16 U.S.C. 777g(g)), as added by subsection (b) of this
section, a State may develop and submit to the Secretary a plan
for the construction, renovation, and maintenance of facilities for
transient nontrailerable recreational vessels, and access to those
facilities, to meet the needs of nontrailerable recreational vessels
operating on navigable waters in the State.
(d) GRANT PROGRAM.—
(1) MATCHING GRANTS.—The Secretary of the Interior shall
obligate amounts made available under section 4(b)(3)(B) of
the Act entitled ‘‘An Act to provide that the United States

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 487

shall aid the States in fish restoration and management
projects, and for other purposes,’’ approved August 9, 1950,
as amended by this Act, to make grants to any State to pay
not more than 75 percent of the cost to a State of constructing,
renovating, or maintaining facilities for transient nontrailerable
recreational vessels.
(2) PRIORITIES.—In awarding grants under paragraph (1),
the Secretary shall give priority to projects that—
(A) consist of the construction, renovation, or maintenance of facilities for transient nontrailerable recreational
vessels in accordance with a plan submitted by a State
under subsection (c);
(B) provide for public/private partnership efforts to
develop, maintain, and operate facilities for transient
nontrailerable recreational vessels; and
(C) propose innovative ways to increase the availability
of facilities for transient nontrailerable recreational vessels.
(e) DEFINITIONS.—For purposes of this section, the term—
(1) ‘‘nontrailerable recreational vessel’’ means a recreational
vessel 26 feet in length or longer—
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the
latter’s pleasure;
(2) ‘‘facilities for transient nontrailerable recreational vessels’’ includes mooring buoys, day-docks, navigational aids, seasonal slips, safe harbors, or similar structures located on navigable waters, that are available to the general public (as determined by the Secretary of the Interior) and designed for temporary use by nontrailerable recreational vessels; and
(3) ‘‘State’’ means each of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
SEC. 7405. BOAT SAFETY FUNDS.

(a) AVAILABILITY OF ALLOCATIONS.—Section 13104(a) of title
46, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘3 years’’ and inserting
‘‘2 years’’; and
(2) in paragraph (2), by striking ‘‘3-year’’ and inserting
‘‘2-year’’.
(b) EXPENDITURES.—Section 13106 of title 46, United States
Code, is amended—
(1) by striking the first sentence of subsection (a)(1) and
inserting the following: ‘‘Subject to paragraph (2) and subsection
(c), the Secretary shall expend in each fiscal year for State
recreational boating safety programs, under contracts with
States under this chapter, an amount equal to the sum of
(A) the amount appropriated from the Boat Safety Account
for that fiscal year and (B) the amount transferred to the
Secretary under section 4(b) of the Act of August 9, 1950
(16 U.S.C. 777c(b)).’’;
(2) in subsection (a)(2), by striking ‘‘appropriated’’ and
inserting ‘‘available’’; and
(3) by striking subsection (c) and inserting the following:
‘‘(c) Of the amount transferred for each fiscal year to the Secretary of Transportation under paragraphs (2) and (3) of section

112 STAT. 488

Federal Register,
publication.

PUBLIC LAW 105–178—JUNE 9, 1998

4(b) of the Act of August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000
is available to the Secretary for payment of expenses of the Coast
Guard for personnel and activities directly related to coordinating
and carrying out the national recreational boating safety program
under this title, of which $2,000,000 shall be available to the
Secretary only to ensure compliance with chapter 43 of this title.
No funds available to the Secretary under this subsection may
be used to replace funding traditionally provided through general
appropriations, nor for any purposes except those purposes authorized by this section. Amounts made available by this subsection
shall remain available until expended. The Secretary shall publish
annually in the Federal Register a detailed accounting of the
projects, programs, and activities funded under this subsection.’’.
(c) CONFORMING AMENDMENTS.—
(1) The heading for section 13106 of title 46, United States
Code, is amended to read as follows:
‘‘§ 13106. Authorization of appropriations’’.
(2) The chapter analysis for chapter 131 of title 46, United
States Code, is amended by striking the item relating to section
13106 and inserting the following:
‘‘13106. Authorization of appropriations.’’.

TITLE VIII—TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE AND
BUDGET OFFSETS
Subtitle A—Transportation Discretionary
Spending Guarantee
SEC. 8101. DISCRETIONARY SPENDING CATEGORIES.

2 USC 901.

(a) ESTABLISHMENT OF SEPARATE CATEGORIES.—Section 251(c)
of the Balanced Budget and Emergency Deficit Control Act of 1985
is amended as follows:
(1) FY1999.—In paragraph (3), strike ‘‘and’’ at the end
of subparagraph (B) and after subparagraph (C) add the following new subparagraphs:
‘‘(D) for the highway category: $21,885,000,000 in outlays; and
‘‘(E) for the mass transit category: $4,401,000,000 in
outlays;’’.
(2) FY2000.—In paragraph (4), strike ‘‘and’’ at the end
of subparagraph (A) and at the end add the following new
subparagraphs:
‘‘(C) for the highway category: $24,436,000,000 in outlays; and
‘‘(D) for the mass transit category: $4,761,000,000 in
outlays;’’.
(3) FY2001.—In paragraph (5), strike the comma and insert
‘‘—’’ after ‘‘2001’’, insert ‘‘(A)’’ before ‘‘for’’ and indent the new
subparagraph and move it 2 ems to the right, strike ‘‘and’’
at the end of such subparagraph, and at the end add the
following new subparagraphs:

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 489

‘‘(B) for the highway category: $26,204,000,000 in outlays; and
‘‘(C) for the mass transit category: $5,190,000,000 in
outlays;’’.
(4) FY2002.—In paragraph (6), strike the comma and insert
‘‘—’’ after ‘‘2002’’, insert ‘‘(A)’’ before ‘‘for’’, indent the new
subparagraph and move it 2 ems to the right, and add at
the end the following new subparagraphs:
‘‘(B) for the highway category: $26,977,000,000 in outlays; and
‘‘(C) for the mass transit category: $5,709,000,000 in
outlays; and’’.
(5) FY2003.—After paragraph (6), add the following new
paragraph:
‘‘(7) with respect to fiscal year 2003—
‘‘(A) for the highway category: $27,728,000,000 in outlays; and
‘‘(B) for the mass transit category: $6,256,000,000 in
outlays.’’.
(b) OFFSETTING ADJUSTMENT IN DISCRETIONARY SPENDING
LIMITS.—
(1) ADJUSTMENT OF NONDEFENSE CATEGORY FOR FY1999.—
The discretionary spending limit set forth in section 251(c)(3)(B)
of the Balanced Budget and Emergency Deficit Control Act
of 1985, as adjusted in conformance with section 251(b) of
that Act, is reduced by $859,000,000 in new budget authority
and $25,173,000,000 in outlays.
(2) ADJUSTMENT OF DISCRETIONARY CATEGORY FOR FY2000.—
The discretionary spending limit set forth in section 251(c)(4)(A)
of the Balanced Budget and Emergency Deficit Control Act
of 1985, as adjusted in conformance with section 251(b) of
that Act, is reduced by $859,000,000 in new budget authority
and $26,045,000,000 in outlays.
(3) ADJUSTMENT OF DISCRETIONARY SPENDING LIMIT FOR
FY2001.—The discretionary spending limit set forth in section
251(c)(5)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as adjusted in conformance with section
251(b) of that Act, is reduced by $859,000,000 in new budget
authority and $26,329,000,000 in outlays.
(4) ADJUSTMENT OF DISCRETIONARY SPENDING LIMIT FOR
FY2002.—The discretionary spending limit set forth in section
251(c)(6)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, as adjusted in conformance with section
251(b) of that Act, is reduced by $859,000,000 in new budget
authority and $26,675,000,000 in outlays.
(c) DEFINITIONS OF HIGHWAY CATEGORY AND MASS TRANSIT
CATEGORY.—Section 250(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting ‘‘(A)’’
after ‘‘(4)’’ and by adding at the end the following new subparagraphs:
‘‘(B) The term ‘highway category’ refers to the following
budget accounts or portions thereof that are subject to the
obligation limitations on contract authority set forth in the
Transportation Equity Act for the 21st Century:
‘‘(i) 69–8083–0–7–401 (Federal-Aid Highways).
‘‘(ii) 69–8020–0–7–401 (Highway Traffic Safety
Grants).

2 USC 901 note.

2 USC 900.

112 STAT. 490

2 USC 901.

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(iii) 69–8048–0–7–401 (National Motor Carrier Safety
Program).
‘‘(iv) 69–8016–0–7–401 (Operations and Research
NHTSA).
‘‘(C) The term ‘mass transit category’ refers to the following
budget accounts or portions thereof that are subject to the
obligation limitations on contract authority provided in the
Transportation Equity Act for the 21st Century and for which
appropriations are provided pursuant to authorizations contained in that Act (except that appropriations provided pursuant to section 5338(h) of title 49, United States Code, as amended by this section, shall not be included in this category):
‘‘(i) 69–8191–0–7–401 (Mass Transit Capital Fund).
‘‘(ii) 69–8350–0–7–401 (Trust Fund Share of Expenses).
‘‘(iii) 69–1129–0–1–401 (Formula Grants).
‘‘(iv) 69–1120–0–1–401 (Administrative Expenses).
‘‘(v) 69–1136–0–1–401 (University Transportation
Centers).
‘‘(vi) 69–1137–0–1–401 (Transit Planning and
Research).
‘‘(D) SPECIAL RULE.—(i) Any outlays in excess of the discretionary spending limit set forth in section 251(c) for the highway
or mass transit category, as adjusted, for the budget year
shall be considered nondefense category outlays or discretionary
category outlays.
‘‘(ii) If the obligation limitations for accounts in the highway
or mass transit category provided in an appropriation Act for
a fiscal year exceed the obligation limitations set forth in section
8103 of the Transportation Equity Act for the 21st Century
for that year, as adjusted, the estimated outlays flowing for
each outyear from such excess obligations calculated pursuant
to clause (iii) shall be attributed to the discretionary category
in that outyear.
‘‘(iii) For purposes of clause (ii), outlays from excess obligations shall be determined using the average of the spendout
rates for that category in the baseline.’’.
(d) ADJUSTMENT TO HIGHWAY AND MASS TRANSIT CATEGORIES.—Section 251(b)(1) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by—
(1) striking ‘‘When’’ and inserting:
‘‘(A) CONCEPTS AND DEFINITIONS.—When’’; and
(2) adding at the end the following:
‘‘(B) ADJUSTMENT TO ALIGN HIGHWAY SPENDING WITH
REVENUES.—(i) When the President submits the budget
under section 1105 of title 31, United States Code, OMB
shall calculate and the budget shall include adjustments
to the highway category for the budget year and each
outyear as provided in clause (ii)(I)(cc).
‘‘(ii)(I)(aa) OMB shall take the actual level of highway
receipts for the year before the current year and subtract
the sum of the estimated level of highway receipts in
subclause (II) plus any amount previously calculated under
item (bb) for that year.
‘‘(bb) OMB shall take the current estimate of highway
receipts for the budget year and subtract the estimated
level of receipts for that year.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 491

‘‘(cc) OMB shall take the sum of the amounts calculated
under items (aa) and (bb), add that sum to the amount
of obligations set forth in section 8103 of the Transportation
Equity Act for the 21st Century for the highway category
for the budget year, and calculate the outlay change resulting from that change in obligations relative to that amount
for the budget year and each outyear using current estimates. After making the calculation under the preceding
sentence, OMB shall adjust the amount of obligations set
forth in that section for the budget year by adding the
sum of the amounts calculated under items (aa) and (bb).
‘‘(II) The estimated level of highway receipts for the
purposes of this clause are—
‘‘(aa) for fiscal year 1998, $22,164,000,000;
‘‘(bb) for fiscal year 1999, $32,619,000,000;
‘‘(cc) for fiscal year 2000, $28,066,000,000;
‘‘(dd) for fiscal year 2001, $28,506,000,000;
‘‘(ee) for fiscal year 2002, $28,972,000,000; and
‘‘(ff) for fiscal year 2003, $29,471,000,000.
‘‘(III) In this clause, the term ‘highway receipts’ means
the governmental receipts credited to the highway account
of the Highway Trust Fund.
‘‘(C)(i) In addition to the adjustment required by subparagraph (B), when the President submits the budget under section
1105 of title 31, United States Code, for fiscal years 2000,
2001, 2002, or 2003, OMB shall calculate and the budget shall
include for the budget year and each outyear an adjustment
to the limits on outlays for the highway category and the
mass transit category equal to—
‘‘(I) the outlays for the applicable category calculated
assuming obligation levels consistent with the estimates
prepared pursuant to subparagraph (D), as adjusted, using
current technical assumptions; minus
‘‘(II) the outlays for the applicable category set forth
in the subparagraph (D) estimates, as adjusted.
‘‘(ii) The adjustment made pursuant to clause (i) in the
fiscal years 2002 and 2003 budget submissions of the President
under section 1105(a) of title 31, United States Code, shall
not exceed 4 percent plus cumulative carryovers. In this clause,
the term ‘cumulative carryovers’ means the total of each amount
by which outlays for the highway and mass transit category
for any fiscal year are less than the outlay limit for that
category, as adjusted, for that year less any amount of carryover
used in the previous year.
‘‘(D)(i) When OMB and CBO submit their final sequester
report for fiscal year 1999, that report shall include an estimate
of the outlays for each of the categories that would result
in fiscal years 2000 through 2003 from obligations at the levels
specified in section 8103 of the Transportation Equity Act for
the 21st Century using current assumptions.
‘‘(ii) When the President submits the budget under section
1105 of title 31, United States Code, for fiscal years 2000,
2001, 2002, or 2003, OMB shall adjust the estimates made
in clause (i) by the adjustments by subparagraphs (B) and
(C).

112 STAT. 492

PUBLIC LAW 105–178—JUNE 9, 1998

‘‘(E) OMB shall consult with the Committees on the Budget
and include a report on adjustments under subparagraphs (B)
and (C) in the preview report.’’.
(e) ENFORCEMENT OF GUARANTEE.—Rule XXI of the Rules of
the House of Representatives is amended by adding at the end
the following new clause:
‘‘9. It shall not be in order to consider any bill or joint resolution,
or any amendment thereto or conference report thereon, that would
cause obligation limitations to be below the level for any fiscal
year set forth in section 8103 of the Transportation Equity Act
for the 21st Century, as adjusted, for the highway category or
the mass transit category, as applicable.’’.
2 USC 902 note.

SEC. 8102. CONFORMING THE PAYGO SCORECARD WITH THIS ACT.

Upon the enactment of this Act, the Director of the Office
of Management and Budget shall not make any estimates under
section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 of changes in direct spending outlays and receipts
for any fiscal year resulting from this title.
2 USC 901 note.

SEC. 8103. LEVEL OF OBLIGATION LIMITATIONS.

(a) HIGHWAY CATEGORY.—For the purposes of section 251(b)
of the Balanced Budget and Emergency Deficit Control Act of 1985,
the level of obligation limitations for the highway category is—
(1) for fiscal year 1999, $25,883,000,000;
(2) for fiscal year 2000, $26,629,000,000;
(3) for fiscal year 2001, $27,158,000,000;
(4) for fiscal year 2002, $27,767,000,000; and
(5) for fiscal year 2003, $28,233,000,000.
(b) MASS TRANSIT CATEGORY.—For the purposes of section
251(b) of the Balanced Budget and Emergency Deficit Control Act
of 1985, the level of obligation limitations for the mass transit
category is—
(1) for fiscal year 1999, $5,365,000,000;
(2) for fiscal year 2000, $5,797,000,000;
(3) for fiscal year 2001, $6,271,000,000;
(4) for fiscal year 2002, $6,747,000,000; and
(5) for fiscal year 2003, $7,226,000,000.
For purposes of this subsection, the term ‘‘obligation limitations’’
means the sum of budget authority and obligation limitations.
Veterans
Benefits Act of
1998.
38 USC 101 note.

Subtitle B—Veterans’ Benefits
SEC. 8201. SHORT TITLE.

This subtitle may be cited as the ‘‘Veterans Benefits Act of
1998’’.
SEC. 8202. PROHIBITION ON ESTABLISHMENT OF SERVICE-CONNECTION FOR DISABILITIES RELATING TO USE OF TOBACCO
PRODUCTS.

(a) WARTIME DISABILITY COMPENSATION.—Section 1110 of title
38, United States Code, is amended by striking ‘‘or abuse of alcohol
or drugs’’ and inserting ‘‘, abuse of alcohol or drugs, or use of
tobacco products’’.
(b) PEACETIME DISABILITY COMPENSATION.—Section 1131 of
such title is amended by striking ‘‘or abuse of alcohol or drugs’’

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 493

and inserting ‘‘, abuse of alcohol or drugs, or use of tobacco products’’.
(c) APPLICABILITY.—(1) Except as provided in paragraph (2),
the amendments made by this section shall apply to any claims
for compensation received by the Secretary of Veterans Affairs
before, on, or after the date of enactment of this Act.
(2) The amendments made by this section shall not apply
in the case of any such claims adjudicated by the Secretary before
such date of enactment for which a service-connection was established for a disability on the basis of the use of tobacco products.
SEC. 8203. TWENTY PERCENT INCREASE IN RATES OF BASIC EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL.

(a) ACTIVE DUTY EDUCATIONAL ASSISTANCE.—
(1) INCREASE IN RATES.—Section 3015 of title 38, United
States Code, is amended—
(A) in subsection (a)(1), by striking ‘‘$400’’ and inserting ‘‘$528 (as increased from time to time under subsection
(g))’’; and
(B) in subsection (b)(1), by striking ‘‘$325’’ and inserting ‘‘$429 (as increased from time to time under subsection
(g))’’.
(2) CPI ADJUSTMENT.—Subsection (g) of such section is
amended by striking ‘‘beginning on or after October 1, 1994’’
and all that follows through ‘‘such rates’’ and inserting ‘‘, the
Secretary shall provide a percentage increase (rounded to the
nearest dollar) in the rates payable under subsections (a)(1)
and (b)(1)’’.
(3) TECHNICAL AMENDMENTS.—Such section is further
amended—
(A) in subsection (a), by striking ‘‘subsections (b), (c),
(d), (e), (f), and (g) of’’ in the matter preceding paragraph
(1); and
(B) in subsection (b)—
(i) by striking ‘‘Except as provided in subsections
(c), (d), (e), (f), and (g), in’’ and inserting ‘‘In’’; and
(ii) by inserting ‘‘(except as provided in the succeeding subsections of this section)’’ after ‘‘under this chapter shall’’.
(4) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on October 1, 1998, and shall apply
with respect to educational assistance allowances paid for
months after September 1998. However, no adjustment in rates
of educational assistance shall be made under subsection (g)
of section 3015 of title 38, United States Code, as amended
by paragraph (2), for fiscal year 1999.
(b) SELECTED RESERVE EDUCATIONAL ASSISTANCE.—
(1) INCREASE IN RATES.—Paragraph (1) of section 16131(b)
of title 10, United States Code, is amended—
(A) in subparagraph (A), by striking ‘‘$190’’ and inserting ‘‘$251 (as increased from time to time under paragraph
(2))’’;
(B) in subparagraph (B), by striking ‘‘$143’’ and inserting ‘‘$188 (as increased from time to time under paragraph
(2))’’; and

38 USC 3015
note.

112 STAT. 494

10 USC 16131
note.

PUBLIC LAW 105–178—JUNE 9, 1998
(C) in subparagraph (C), by striking ‘‘$95’’ and inserting ‘‘$125 (as increased from time to time under paragraph
(2))’’.
(2) CPI ADJUSTMENT.—Paragraph (2) of such section is
amended by striking ‘‘beginning on or after October 1, 1994’’
and all that follows through ‘‘such rates’’ and inserting ‘‘, the
Secretary shall provide a percentage increase (rounded to the
nearest dollar) in the rates payable under subparagraphs (A),
(B), and (C) of paragraph (1)’’.
(3) TECHNICAL AMENDMENT.—Paragraph (1) of such section
is further amended by striking ‘‘in paragraph (2) and’’.
(4) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on October 1, 1998, and shall apply
with respect to educational assistance allowances paid for
months after September 1998. However, no adjustment in rates
of educational assistance shall be made under paragraph (2)
of section 16131(b) of title 10, United States Code, as amended
by paragraph (2), for fiscal year 1999.

SEC. 8204. INCREASE IN ASSISTANCE AMOUNT FOR SPECIALLY
ADAPTED HOUSING.

38 USC 2102
note.

(a) IN GENERAL.—Section 2102 of title 38, United States Code,
is amended—
(1) in the matter preceding paragraph (1) of subsection
(a), by striking ‘‘$38,000’’ and inserting ‘‘$43,000’’; and
(2) in subsection (b)(2), by striking ‘‘$6,500’’ and inserting
‘‘$8,250’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall apply with respect to limitations under section 2102 of
such title on assistance furnished to a veteran under section 2101
of such title on or after October 1, 1998.
SEC. 8205. INCREASE IN AMOUNT OF ASSISTANCE FOR AUTOMOBILE
AND ADAPTIVE EQUIPMENT FOR CERTAIN DISABLED
VETERANS.

38 USC 3902
note.
38 USC 1521
note.

(a) IN GENERAL.—Section 3902(a) of title 38, United States
Code, is amended by striking out ‘‘$5,500’’ and inserting in lieu
thereof ‘‘$8,000’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall apply with respect to assistance furnished under section 3902
of such title on or after October 1, 1998.
SEC. 8206. INCREASE IN AID AND ATTENDANCE RATES FOR VETERANS
ELIGIBLE FOR PENSION.

Effective October 1, 1998, the maximum annual rates of pension
in effect as of September 30, 1998, under the following provisions
of chapter 15 of title 38, United States Code, are increased by
$600:
(1) Subsections (d)(1), (d)(2), (f)(2), and (f)(4) of section
1521.
(2) Section 1536(d)(2).

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 495

SEC. 8207. ELIGIBILITY OF CERTAIN REMARRIED SURVIVING SPOUSES
FOR REINSTATEMENT OF DEPENDENCY AND INDEMNITY
COMPENSATION
UPON
TERMINATION
OF
THAT
REMARRIAGE.

(a) RESTORATION OF PRIOR ELIGIBILITY.—Section 1311 of title
38, United States Code, is amended by adding at the end the
following new subsection:
‘‘(e)(1) The remarriage of the surviving spouse of a veteran
shall not bar the furnishing of dependency and indemnity compensation to such person as the surviving spouse of the veteran if the
remarriage is terminated by death, divorce, or annulment unless
the Secretary determines that the divorce or annulment was secured
through fraud or collusion.
‘‘(2) If the surviving spouse of a veteran ceases living with
another person and holding himself or herself out openly to the
public as that person’s spouse, the bar to granting that person
dependency and indemnity compensation as the surviving spouse
of the veteran shall not apply.
‘‘(3) The first month of eligibility for payment of dependency
and indemnity compensation to a surviving spouse by reason of
this subsection shall be the later of the month after—
‘‘(A) the month of the termination of such remarriage,
in the case of a surviving spouse described in paragraph (1);
or
‘‘(B) the month of the cessation described in paragraph
(2), in the case of a surviving spouse described in that paragraph.’’.
(b) EFFECTIVE DATE.—No payment may be made by reason
of section 1311(e) of title 38, United States Code, as added by
subsection (a), for any month before October 1998.
SEC. 8208. EXTENSION OF PRIOR REVISION TO OFFSET RULE FOR
DEPARTMENT OF DEFENSE SPECIAL SEPARATION BENEFIT PROGRAM.

The amendment made by section 653 of the National Defense
Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110
Stat. 2583) to subsection (h)(2) of section 1174 of title 10, United
States Code, shall apply to any payment of separation pay under
the special separation benefits program under section 1174a of
that title that was made during the period beginning on December
5, 1991, and ending on September 30, 1996.
SEC. 8209. SENSE OF THE CONGRESS CONCERNING RECOVERY FROM
TOBACCO COMPANIES OF COSTS OF TREATMENT OF VETERANS FOR TOBACCO-RELATED ILLNESSES.

It is the sense of the Congress—
(1) that the Attorney General or the Secretary of Veterans
Affairs, as appropriate, should take all steps necessary to
recover from tobacco companies amounts corresponding to the
costs which would be incurred by the Department of Veterans
Affairs for treatment of tobacco-related illnesses of veterans,
if such treatment were authorized by law; and
(2) that the Congress should authorize by law the treatment
of tobacco-related illnesses of veterans upon the recovery of
such amounts.

38 USC 1311
note.

10 USC 1174
note.

112 STAT. 496

PUBLIC LAW 105–178—JUNE 9, 1998

Subtitle C—Temporary Student Loan
Provision.
SEC. 8301. TEMPORARY STUDENT LOAN PROVISION.

Federal Register,
publication.

(a) FFEL INTEREST RATES.—
(1) AMENDMENT.—Section 427A of the Higher Education
Act of 1965 (20 U.S.C. 1077a) is amended—
(A) by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and
(B) by inserting after subsection (i) the following new
subsection:
‘‘(j) INTEREST RATES FOR NEW LOANS BETWEEN JULY 1, 1998
AND OCTOBER 1, 1998.—
‘‘(1) IN GENERAL.—Notwithstanding subsection (h), but subject to paragraph (2), with respect to any loan made, insured,
or guaranteed under this part (other than a loan made pursuant
to section 428B or 428C) for which the first disbursement
is made on or after July 1, 1998, and before October 1, 1998,
the applicable rate of interest shall, during any 12-month period
beginning on July 1 and ending on June 30, be determined
on the preceding June 1 and be equal to—
‘‘(A) the bond equivalent rate of 91-day Treasury bills
auctioned at the final auction held prior to such June
1; plus
‘‘(B) 2.3 percent,
except that such rate shall not exceed 8.25 percent.
‘‘(2) IN SCHOOL AND GRACE PERIOD RULES.—Notwithstanding subsection (h), with respect to any loan under this part
(other than a loan made pursuant to section 428B or 428C)
for which the first disbursement is made on or after July
1, 1998, and before October 1, 1998, the applicable rate of
interest for interest which accrues—
‘‘(A) prior to the beginning of the repayment period
of the loan; or
‘‘(B) during the period in which principal need not
be paid (whether or not such principal is in fact paid)
by reason of a provision described in section 428(b)(1)(M)
or 427(a)(2)(C),
shall be determined under paragraph (1) by substituting ‘1.7
percent’ for ‘2.3 percent’.
‘‘(3) PLUS LOANS.—Notwithstanding subsection (h), with
respect to any loan under section 428B for which the first
disbursement is made on or after July 1, 1998, and before
October 1, 1998, the applicable rate of interest shall, during
any 12-month period beginning on July 1 and ending on June
30, be determined on the preceding June 1 and be equal to
the lesser of—
‘‘(A)(i) the bond equivalent rate of 91-day Treasury
bills auctioned at the final auction held prior to such June
1; plus
‘‘(ii) 3.1 percent; or
‘‘(B) 9.0 percent.
‘‘(4) CONSULTATION.—The Secretary shall determine the
applicable rate of interest under this subsection after consultation with the Secretary of the Treasury and shall publish such

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 497

rate in the Federal Register as soon as practicable after the
date of determination.’’.
(2) CONFORMING AMENDMENT.—Section 428B(d)(4) (20
U.S.C. 1078–2(d)(4)) is amended by striking ‘‘section 427A(c)’’
and inserting ‘‘section 427A for loans made under this section’’.
(b) SPECIAL ALLOWANCES.—
(1) AMENDMENT.—Section 438(b)(2) of the Higher Education
Act of 1965 (20 U.S.C. 1087–1(b)(2)) is amended by adding
at the end the following new subparagraph:
‘‘(G) LOANS DISBURSED BETWEEN JULY 1, 1998, AND OCTOBER
1, 1998.—
‘‘(i) IN GENERAL.—Subject to paragraph (4) and clauses
(ii), (iii), and (iv) of this subparagraph, and except as provided in subparagraph (B), the special allowance paid
pursuant to this subsection on loans for which the first
disbursement is made on or after July 1, 1998, and before
October 1, 1998, shall be computed—
‘‘(I) by determining the average of the bond equivalent rates of 91-day Treasury bills auctioned for such
3-month period;
‘‘(II) by subtracting the applicable interest rates
on such loans from such average bond equivalent rate;
‘‘(III) by adding 2.8 percent to the resultant percent; and
‘‘(IV) by dividing the resultant percent by 4.
‘‘(ii) IN SCHOOL AND GRACE PERIOD.—In the case of
any loan for which the first disbursement is made on
or after July 1, 1998, and before October 1, 1998, and
for which the applicable rate of interest is described in
section 427A(j)(2), clause (i)(III) of this subparagraph shall
be applied by substituting ‘2.2 percent’ for ‘2.8 percent’.
‘‘(iii) PLUS LOANS.—In the case of any loan for which
the first disbursement is made on or after July 1, 1998,
and before October 1, 1998, and for which the applicable
rate of interest is described in section 427A(j)(3), clause
(i)(III) of this subparagraph shall be applied by substituting
‘3.1 percent’ for ‘2.8 percent’, subject to clause (v) of this
subparagraph.
‘‘(iv) CONSOLIDATION LOANS.—This subparagraph shall
not apply in the case of any consolidation loan.
‘‘(v) LIMITATION ON SPECIAL ALLOWANCES FOR PLUS
LOANS.—In the case of PLUS loans made under section
428B and disbursed on or after July 1, 1998, and before
October 1, 1998, for which the interest rate is determined
under 427A(j)(3), a special allowance shall not be paid
for such loan for such unless the rate determined under
subparagraph (A) of such section (without regard to
subparagraph (B) of such section) exceeds 9.0 percent.’’.
(2) CONFORMING AMENDMENTS.—Section 438(b)(2) of such
Act is further amended—
(A) in subparagraph (A), by striking ‘‘(E), and (F)’’
and inserting ‘‘(E), (F), and (G)’’;
(B) in subparagraph (B)(iv), by striking ‘‘(E), or (F)’’
and inserting ‘‘(E), (F), or (G)’’; and
(C) in subparagraph (C)(ii), by striking ‘‘In the case’’
and inserting ‘‘Subject to subparagraph (G), in the case’’.

112 STAT. 498

PUBLIC LAW 105–178—JUNE 9, 1998

(c) DIRECT LOAN INTEREST RATES.—Section 455(b) (20 U.S.C.
1087e(b)) is amended—
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
‘‘(5) TEMPORARY INTEREST RATE PROVISION.—
‘‘(A) RATES FOR FDSL AND FDUSL.—Notwithstanding the
preceding paragraphs of this subsection, for Federal Direct
Stafford Loans and Federal Direct Unsubsidized Stafford
Loans for which the first disbursement is made on or
after July 1, 1998, and before October 1, 1998, the
applicable rate of interest shall, during any 12-month
period beginning on July 1 and ending on June 30, be
determined on the preceding June 1 and be equal to—
‘‘(i) the bond equivalent rate of 91-day Treasury
bills auctioned at the final auction held prior to such
June 1; plus
‘‘(ii) 2.3 percent,
except that such rate shall not exceed 8.25 percent.
‘‘(B) IN SCHOOL AND GRACE PERIOD RULES.—Notwithstanding the preceding paragraphs of this subsection, with
respect to any Federal Direct Stafford Loan or Federal
Direct Unsubsidized Stafford Loan for which the first
disbursement is made on or after July 1, 1998, and before
October 1, 1998, the applicable rate of interest for interest
which accrues—
‘‘(i) prior to the beginning of the repayment period
of the loan; or
‘‘(ii) during the period in which principal need
not be paid (whether or not such principal is in fact
paid) by reason of a provision described in section
428(b)(1)(M) or 427(a)(2)(C),
shall be determined under subparagraph (A) by substituting ‘1.7 percent’ for ‘2.3 percent’.
‘‘(C) PLUS LOANS.—Notwithstanding the preceding
paragraphs of this subsection, with respect to Federal
Direct PLUS Loan for which the first disbursement is
made on or after July 1, 1998, and before October 1, 1998,
the applicable rate of interest shall be determined under
subparagraph (A)—
‘‘(i) by substituting ‘3.1 percent’ for ‘2.3 percent’;
and
‘‘(ii) by substituting ‘9.0 percent’ for ‘8.25 percent’.’’.

Subtitle D—Block Grants for Social
Services
SEC. 8401. BLOCK GRANTS FOR SOCIAL SERVICES.

(a) REDUCTION OF GRANTS.—Section 2003(c) of the Social Security Act (42 U.S.C. 1397b(c)) is amended by striking paragraphs
(7) and (8) and inserting the following:
‘‘(7) $2,380,000,000 for the fiscal year 1997;
‘‘(8) $2,380,000,000 for the fiscal year 1998;
‘‘(9) $2,380,000,000 for the fiscal year 1999;
‘‘(10) $2,380,000,000 for the fiscal year 2000; and

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 499

‘‘(11) $1,700,000,000 for the fiscal year 2001 and each fiscal
year thereafter.’’.
(b) LIMITATION ON AMOUNT OF TANF FUNDS TRANSFERABLE.—
Section 404(d)(2) of the Social Security Act (42 U.S.C. 604(d)(2))
is amended to read as follows:
‘‘(2) LIMITATION ON AMOUNT TRANSFERABLE TO TITLE XX
PROGRAMS.—
‘‘(A) IN GENERAL.—A State may use not more than
the applicable percent of the amount of any grant made
to the State under section 403(a) for a fiscal year to carry
out State programs pursuant to title XX.
‘‘(B) APPLICABLE PERCENT.—For purposes of subparagraph (A), the applicable percent is 4.25 percent in the
case of fiscal year 2001 and each succeeding fiscal year.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
take effect on October 1, 1998.

TITLE IX—AMENDMENTS OF INTERNAL
REVENUE CODE OF 1986

42 USC 604 note.

Surface
Transportation
Revenue Act of
1998.

SEC. 9001. SHORT TITLE; AMENDMENT OF 1986 CODE.

(a) SHORT TITLE.—This title may be cited as the ‘‘Surface
Transportation Revenue Act of 1998’’.
(b) AMENDMENT OF 1986 CODE.—Except as otherwise expressly
provided, whenever in this title an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made
to a section or other provision of the Internal Revenue Code of
1986.
SEC. 9002. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST
FUND.

(a) EXTENSION OF TAXES.—
(1) IN GENERAL.—The following provisions are each amended by striking ‘‘1999’’ each place it appears and inserting ‘‘2005’’:
(A) Section 4041(a)(1)(C)(iii)(I) (relating to rate of tax
on certain buses).
(B) Section 4041(a)(2)(B) (relating to rate of tax on
special motor fuels), as amended by section 907(a)(1) of
the Taxpayer Relief Act of 1997.
(C) Section 4041(m)(1)(A) (relating to certain alcohol
fuels), as amended by section 907(b) of the Taxpayer Relief
Act of 1997.
(D) Section 4051(c) (relating to termination of tax on
heavy trucks and trailers).
(E) Section 4071(d) (relating to termination of tax on
tires).
(F) Section 4081(d)(1) (relating to termination of tax
on gasoline, diesel fuel, and kerosene).
(G) Section 4481(e) (relating to period tax in effect).
(H) Section 4482(c)(4) (relating to taxable period).
(I) Section 4482(d) (relating to special rule for taxable
period in which termination date occurs).
(2) OTHER PROVISIONS.—
(A) FLOOR STOCKS REFUNDS.—Section 6412(a)(1) (relating to floor stocks refunds) is amended—

26 USC 1 note.

112 STAT. 500

PUBLIC LAW 105–178—JUNE 9, 1998

(i) by striking ‘‘1999’’ each place it appears and
inserting ‘‘2005’’, and
(ii) by striking ‘‘2000’’ each place it appears and
inserting ‘‘2006’’.
(B) INSTALLMENT PAYMENTS OF HIGHWAY USE TAX.—
Section 6156(e)(2) (relating to installment payments of
highway use tax on use of highway motor vehicles) is
amended by striking ‘‘1999’’ and inserting ‘‘2005’’.
(b) EXTENSION OF CERTAIN EXEMPTIONS.—The following provisions are each amended by striking ‘‘1999’’ and inserting ‘‘2005’’:
(1) Section 4221(a) (relating to certain tax-free sales).
(2) Section 4483(g) (relating to termination of exemptions
for highway use tax).
(c) EXTENSION OF DEPOSITS INTO, AND CERTAIN TRANSFERS
FROM, TRUST FUND.—
(1) IN GENERAL.—Subsection (b), and paragraphs (2) and
(3) of subsection (c), of section 9503 (relating to the Highway
Trust Fund) are each amended—
(A) by striking ‘‘1999’’ each place it appears and inserting ‘‘2005’’, and
(B) by striking ‘‘2000’’ each place it appears and inserting ‘‘2006’’.
(2) MOTORBOAT AND SMALL-ENGINE FUEL TAX TRANSFERS.—
(A) IN GENERAL.—Paragraphs (4)(A)(i) and (5)(A) of
section 9503(c) are each amended by striking ‘‘1998’’ and
inserting ‘‘2005’’.
(B) CONFORMING AMENDMENTS TO LAND AND WATER
CONSERVATION FUND.—Section 201(b) of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l–
11(b)) is amended—
(i) by striking ‘‘1997’’ and inserting ‘‘2003’’, and
(ii) by striking ‘‘1998’’ each place it appears and
inserting ‘‘2004’’.
(3) CONFORMING AMENDMENT.—The heading for paragraph
(3) of section 9503(c) is amended to read as follows:
‘‘(3) FLOOR STOCKS REFUNDS.—’’.
(d) EXTENSION AND EXPANSION OF EXPENDITURES FROM TRUST
FUND.—
(1) HIGHWAY ACCOUNT.—
(A) EXTENSION OF EXPENDITURE AUTHORITY.—Paragraph (1) of section 9503(c) is amended by striking ‘‘1998’’
and inserting ‘‘2003’’.
(B) EXPANSION OF PURPOSES.—Paragraph (1) of section
9503(c) is amended—
(i) by striking ‘‘or’’ at the end of subparagraph
(C), and
(ii) by striking ‘‘1991.’’ in subparagraph (D) and
all that follows through the end of paragraph (1) and
inserting ‘‘1991, or
‘‘(E) authorized to be paid out of the Highway Trust
Fund under the Transportation Equity Act for the 21st
Century.
In determining the authorizations under the Acts referred to
in the preceding subparagraphs, such Acts shall be applied
as in effect on the date of enactment of the Transportation
Equity Act for the 21st Century.’’.
(2) MASS TRANSIT ACCOUNT.—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 501

(A) EXTENSION OF EXPENDITURE AUTHORITY.—
Paragraph (3) of section 9503(e) is amended by striking
‘‘1998’’ and inserting ‘‘2003’’.
(B) EXPANSION OF PURPOSES.—Paragraph (3) of section
9503(e) is amended—
(i) by striking ‘‘or’’ at the end of subparagraph
(A),
(ii) by adding ‘‘or’’ at the end of subparagraph
(B), and
(iii) by striking all that follows subparagraph (B)
and inserting:
‘‘(C) the Transportation Equity Act for the 21st
Century,
as such section and Acts are in effect on the date of enactment
of the Transportation Equity Act for the 21st Century.’’.
(e) TECHNICAL CORRECTION RELATING TO TRANSFERS TO MASS
TRANSIT ACCOUNT.—
(1) IN GENERAL.—Section 9503(e)(2) is amended by striking
the last sentence and inserting the following: ‘‘For purposes
of the preceding sentence, the term ‘mass transit portion’
means, for any fuel with respect to which tax was imposed
under section 4041 or 4081 and otherwise deposited into the
Highway Trust Fund, the amount determined at the rate of—
‘‘(A) except as otherwise provided in this sentence,
2.86 cents per gallon,
‘‘(B) 1.43 cents per gallon in the case of any partially
exempt methanol or ethanol fuel (as defined in section
4041(m)) none of the alcohol in which consists of ethanol,
‘‘(C) 1.86 cents per gallon in the case of liquefied natural gas,
‘‘(D) 2.13 cents per gallon in the case of liquefied petroleum gas, and
‘‘(E) 9.71 cents per MCF (determined at standard
temperature and pressure) in the case of compressed natural gas.’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect as if included in the amendment made
by section 901(b) of the Taxpayer Relief Act of 1997.
(f) CLERICAL AMENDMENTS.—
(1) Paragraph (1) of section 9503(b) is amended by striking
subparagraph (C), by striking ‘‘and tread rubber’’ in subparagraph (D), and by redesignating subparagraphs (D), (E), and
(F) as subparagraphs (C), (D), and (E), respectively.
(2) Clause (i) of section 9503(c)(2)(A) is amended by adding
‘‘and’’ at the end of subclause (II), by striking subclause (III),
and by redesignating subclause (IV) as subclause (III).
(3) Clause (ii) of section 9503(c)(2)(A) is amended by striking ‘‘gasoline, special fuels, and lubricating oil’’ each place it
appears and inserting ‘‘fuel’’.
SEC. 9003. EXTENSION AND MODIFICATION OF TAX BENEFITS FOR
ALCOHOL FUELS.

(a) EXTENSION OF TAX BENEFITS.—
(1) EXTENSION.—The following provisions are each amended by striking ‘‘2000’’ each place it appears and inserting ‘‘2007’’:
(A) Section 4041(b)(2)(C) (relating to termination of
reduction in tax for qualified methanol and ethanol fuel).

26 USC 9503
note.

112 STAT. 502

PUBLIC LAW 105–178—JUNE 9, 1998
(B) Section 4041(k)(3) (relating to termination of rates
relating to fuels containing alcohol).
(C) Section 4081(c)(8) (relating to termination of special
rate for taxable fuels mixed with alcohol).
(D) Section 4091(c)(5) (relating to termination of
reduced rate of tax for aviation fuel in alcohol mixture,
etc.).
(2) EXTENSION OF REFUND AUTHORITY.—Paragraph (4) of
section 6427(f) (relating to refund for gasoline, diesel fuel, and
aviation fuel used to produce certain alcohol fuels), as amended
by the Taxpayer Relief Act of 1997, is amended by striking
‘‘1999’’ and inserting ‘‘2007’’.
(3) CREDIT FOR ALCOHOL USED AS A FUEL.—Paragraph (1)
of section 40(e) (relating to termination of credit for alcohol
used as a fuel) is amended—
(A) by striking ‘‘December 31, 2000’’ in subparagraph
(A) and inserting ‘‘December 31, 2007’’, and
(B) by striking ‘‘January 1, 2001’’ and inserting ‘‘January 1, 2008’’.
SCHEDULE.—Headings
9901.00.50
and
(4)
TARIFF
9901.00.52 of the Harmonized Tariff Schedule of the United
States (19 U.S.C. 3007) are each amended in the effective
period column by striking ‘‘10/1/2000’’ each place it appears
and inserting ‘‘10/1/2007’’.
(b) MODIFICATION.—
(1) IN GENERAL.—Subsection (h) of section 40 (relating to
alcohol used as fuel) is amended to read as follows:
‘‘(h) REDUCED CREDIT FOR ETHANOL BLENDERS.—
‘‘(1) IN GENERAL.—In the case of any alcohol mixture credit
or alcohol credit with respect to any sale or use of alcohol
which is ethanol during calendar years 2001 through 2007—
‘‘(A) subsections (b)(1)(A) and (b)(2)(A) shall be applied
by substituting ‘the blender amount’ for ‘60 cents’,
‘‘(B) subsection (b)(3) shall be applied by substituting
‘the low-proof blender amount’ for ‘45 cents’ and ‘the
blender amount’ for ‘60 cents’, and
‘‘(C) subparagraphs (A) and (B) of subsection (d)(3)
shall be applied by substituting ‘the blender amount’ for
‘60 cents’ and ‘the low-proof blender amount’ for ‘45 cents’.
‘‘(2) AMOUNTS.—For purposes of paragraph (1), the blender
amount and the low-proof blender amount shall be determined
in accordance with the following table:
In the case of any sale or use
during calendar year:

2001 or 2002
2003 or 2004
2005, 2006, or 2007 ................

The blender amount
is:

53 cents
52 cents
51 cents

The low-proof blender
amount is:

39.26 cents
38.52 cents
37.78 cents.’’.

(2) CONFORMING AMENDMENTS.—
(A) Section 4041(b)(2) is amended—
(i) in subparagraph (A)(i), by striking ‘‘5.4 cents’’
and inserting ‘‘the applicable blender rate’’, and
(ii) by redesignating subparagraph (C), as amended
by subsection (a)(1)(A), as subparagraph (D) and by
inserting after subparagraph (B) the following:
‘‘(C) APPLICABLE BLENDER RATE.—For purposes of
subparagraph (A)(i), the applicable blender rate is—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 503

‘‘(i) except as provided in clause (ii), 5.4 cents,
and
‘‘(ii) for sales or uses during calendar years 2001
through 2007, 1⁄10 of the blender amount applicable
under section 40(h)(2) for the calendar year in which
the sale or use occurs.’’.
(B) Subparagraph (A) of section 4081(c)(4) is amended
to read as follows:
‘‘(A) GENERAL RULES.—
‘‘(i) MIXTURES CONTAINING ETHANOL.—Except as
provided in clause (ii), in the case of a qualified alcohol
mixture which contains gasoline, the alcohol mixture
rate is the excess of the rate which would (but for
this paragraph) be determined under subsection (a)
over—
‘‘(I) in the case of 10 percent gasohol, the
applicable blender rate (as defined in section
4041(b)(2)(C)) per gallon,
‘‘(II) in the case of 7.7 percent gasohol, the
number of cents per gallon equal to 77 percent
of such applicable blender rate, and
‘‘(III) in the case of 5.7 percent gasohol, the
number of cents per gallon equal to 57 percent
of such applicable blender rate.
‘‘(ii) MIXTURES NOT CONTAINING ETHANOL.—In the
case of a qualified alcohol mixture which contains gasoline and none of the alcohol in which consists of ethanol, the alcohol mixture rate is the excess of the rate
which would (but for this paragraph) be determined
under subsection (a) over—
‘‘(I) in the case of 10 percent gasohol, 6 cents
per gallon,
‘‘(II) in the case of 7.7 percent gasohol, 4.62
cents per gallon, and
‘‘(III) in the case of 5.7 percent gasohol, 3.42
cents per gallon.’’.
(C) Section 4081(c)(5) is amended by striking ‘‘5.4
cents’’ and inserting ‘‘the applicable blender rate (as defined
in section 4041(b)(2)(C))’’.
(D) Section 4091(c)(1) is amended by striking ‘‘13.4
cents’’ each place it appears and inserting ‘‘the applicable
blender amount’’ and by adding at the end the following:
‘‘For purposes of this paragraph, the term ‘applicable
blender amount’ means 13.3 cents in the case of any sale
or use during 2001 or 2002, 13.2 cents in the case of
any sale or use during 2003 or 2004, 13.1 cents in the
case of any sale or use during 2005, 2006, or 2007, and
13.4 cents in the case of any sale or use during 2008
or thereafter.’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall take effect on January 1, 2001.
SEC. 9004. MODIFICATIONS TO HIGHWAY TRUST FUND.
BER

(a) DETERMINATION
30, 1998.—

OF

TRUST FUND BALANCES AFTER SEPTEM-

26 USC 40 note.

112 STAT. 504

26 USC 9503
note.

26 USC 9503
note.

PUBLIC LAW 105–178—JUNE 9, 1998

(1) IN GENERAL.—Section 9503 (relating to Highway Trust
Fund) is amended by adding at the end the following new
subsection:
‘‘(f) DETERMINATION OF TRUST FUND BALANCES AFTER SEPTEMBER 30, 1998.—For purposes of determining the balances of the
Highway Trust Fund and the Mass Transit Account after September
30, 1998—
‘‘(1) the opening balance of the Highway Trust Fund (other
than the Mass Transit Account) on October 1, 1998, shall
be $8,000,000,000, and
‘‘(2) no interest accruing after September 30, 1998, on any
obligation held by such Fund shall be credited to such Fund.
The Secretary shall cancel obligations held by the Highway Trust
Fund to reflect the reduction in the balance under this subsection.’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect on October 1, 1998.
(b) REPEAL OF LIMITATION ON EXPENDITURES ADDED BY TAXPAYER RELIEF ACT OF 1997.—
(1) IN GENERAL.—Subsection (c) of section 9503 (relating
to expenditures from Highway Trust Fund) is amended by
striking paragraph (7).
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect as if included in the amendments made
by section 901 of the Taxpayer Relief Act of 1997.
(c) LIMITATION ON EXPENDITURE AUTHORITY.—Subsection (b)
of section 9503 (relating to transfers to Highway Trust Fund) is
amended by adding at the end the following new paragraph:
‘‘(6) LIMITATION ON TRANSFERS TO HIGHWAY TRUST FUND.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), no amount may be appropriated to the Highway Trust
Fund on and after the date of any expenditure from the
Highway Trust Fund which is not permitted by this section.
The determination of whether an expenditure is so permitted shall be made without regard to—
‘‘(i) any provision of law which is not contained
or referenced in this title or in a revenue Act, and
‘‘(ii) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks
to waive the application of this paragraph.
‘‘(B) EXCEPTION FOR PRIOR OBLIGATIONS.—Subparagraph (A) shall not apply to any expenditure to liquidate
any contract entered into (or for any amount otherwise
obligated) before October 1, 2003, in accordance with the
provisions of this section.’’.
(d) MODIFICATION OF MASS TRANSIT ACCOUNT RULES ON
ADJUSTMENTS OF APPORTIONMENTS.—Paragraph (4) of section
9503(e) is amended to read as follows:
‘‘(4) LIMITATION.—Rules similar to the rules of subsection
(d) shall apply to the Mass Transit Account.’’.
SEC. 9005. PROVISIONS RELATING TO AQUATIC RESOURCES TRUST
FUND.

(a) INCREASED TRANSFERS.—
(1) Subparagraph (D) of section 9503(b)(4), as amended
by section 9011, is amended by striking ‘‘exceeds 11.5 cents
per gallon,’’ and inserting ‘‘exceeds—

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 505

‘‘(i) 11.5 cents per gallon with respect to taxes
imposed before October 1, 2001,
‘‘(ii) 13 cents per gallon with respect to taxes
imposed after September 30, 2001, and before October
1, 2003, and
‘‘(iii) 13.5 cents per gallon with respect to taxes
imposed after September 30, 2003, and before October
1, 2005,’’.
(2) Clause (ii) of section 9503(c)(4)(A) is amended by adding
at the end the following new flush sentence:
‘‘In making the determination under subclause (II) for
any fiscal year, the Secretary shall not take into
account any amount appropriated from the Boat Safety
Account in any preceding fiscal year but not distributed.’’.
(b) EXPANSION OF EXPENDITURE AUTHORITY FROM BOAT SAFETY
ACCOUNT.—Section 9504(b)(2) (relating to expenditures from Sport
Fish Restoration Account) is amended—
(1) in subparagraph (A) by striking ‘‘October 1, 1988), and’’
and inserting ‘‘the date of the enactment of the Transportation
Equity Act for the 21st Century),’’,
(2) in subparagraph (B) by striking ‘‘November 29, 1990’’
and inserting ‘‘the date of the enactment of the Transportation
Equity Act for the 21st Century’’, and
(3) by redesignating subparagraph (B) as subparagraph
(C) and by inserting after subparagraph (A) the following new
subparagraph:
‘‘(B) to carry out the purposes of section 7404(d) of
the Transportation Equity Act for the 21st Century (as
in effect on the date of the enactment of such Act), and’’.
(c) EXTENSION AND EXPANSION OF EXPENDITURE AUTHORITY
FROM BOAT SAFETY ACCOUNT.—Section 9504(c) (relating to expenditures from Boat Safety Account) is amended—
(1) by striking ‘‘1998’’ and inserting ‘‘2003’’, and
(2) by striking ‘‘October 1, 1988’’ and inserting ‘‘the date
of enactment of the Transportation Equity Act for the 21st
Century’’.
(d) LIMITATION ON EXPENDITURE AUTHORITY.—Section 9504
(relating to Aquatic Resources Trust Fund) is amended by
redesignating subsection (d) as subsection (e) and by inserting after
subsection (c) the following:
‘‘(d) LIMITATION ON TRANSFERS TO AQUATIC RESOURCES TRUST
FUND.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
no amount may be appropriated or paid to any Account in
the Aquatic Resources Trust Fund on and after the date of
any expenditure from any such Account which is not permitted
by this section. The determination of whether an expenditure
is so permitted shall be made without regard to—
‘‘(A) any provision of law which is not contained or
referenced in this title or in a revenue Act, and
‘‘(B) whether such provision of law is a subsequently
enacted provision or directly or indirectly seeks to waive
the application of this subsection.
‘‘(2) EXCEPTION FOR PRIOR OBLIGATIONS.—Paragraph (1)
shall not apply to any expenditure to liquidate any contract
entered into (or for any amount otherwise obligated) before

112 STAT. 506

26 USC 9503
note.

PUBLIC LAW 105–178—JUNE 9, 1998

October 1, 2003, in accordance with the provisions of this
section.’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of enactment of this Act.
SEC. 9006. REPEAL OF 1.25 CENT TAX RATE ON RAIL DIESEL FUEL.

(a) IN GENERAL.—Section 4041(a)(1)(C)(ii) (relating to rate of
tax on trains) is amended—
(1) in subclause (II), by striking ‘‘October 1, 1999’’ and
inserting ‘‘November 1, 1998’’, and
(2) in subclause (III), by striking ‘‘September 30, 1999’’
and inserting ‘‘October 31, 1998’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 6421(f)(3)(B) is amended—
(A) in clause (ii), by striking ‘‘October 1, 1999’’ and
inserting ‘‘November 1, 1998’’, and
(B) in clause (iii), by striking ‘‘September 30, 1999’’
and inserting ‘‘October 31, 1998’’.
(2) Section 6427(l)(3)(B) is amended—
(A) in clause (ii), by striking ‘‘October 1, 1999’’ and
inserting ‘‘November 1, 1998’’, and
(B) in clause (iii), by striking ‘‘September 30, 1999’’
and inserting ‘‘October 31, 1998’’.
SEC. 9007. ADDITIONAL QUALIFIED EXPENSES AVAILABLE TO NONAMTRAK STATES.
26 USC 172 note.

26 USC 172 note.

(a) IN GENERAL.—Section 977(e)(1)(B) of the Taxpayer Relief
Act of 1997 (defining qualified expenses) is amended—
(1) by striking ‘‘and’’ at the end of clause (iii), and
(2) by striking clause (iv) and inserting the following:
‘‘(iv) capital expenditures related to State-owned
rail operations in the State,
‘‘(v) any project that is eligible to receive funding
under section 5309, 5310, or 5311 of title 49, United
States Code,
‘‘(vi) any project that is eligible to receive funding
under section 103, 130, 133, 144, 149, or 152 of title
23, United States Code,
‘‘(vii) the upgrading and maintenance of intercity
primary and rural air service facilities, and the purchase of intercity air service between primary and
rural airports and regional hubs,
‘‘(viii) the provision of passenger ferryboat service
within the State,
‘‘(ix) the provision of harbor improvements within
the State, and
‘‘(x) the payment of interest and principal on
obligations incurred for such acquisition, upgrading,
maintenance, purchase, expenditures, provision, and
projects.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the enactment of section 977
of the Taxpayer Relief Act of 1997.
SEC. 9008. DELAY IN EFFECTIVE DATE OF NEW REQUIREMENT FOR
APPROVED DIESEL OR KEROSENE TERMINALS.

26 USC 4041
note.

Subsection (f) of section 1032 of the Taxpayer Relief Act of
1997 is amended to read as follows:

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 507

‘‘(f) EFFECTIVE DATES.—
‘‘(1) Except as provided in paragraph (2), the amendments
made by this section shall take effect on July 1, 1998.
‘‘(2) The amendment made by subsection (d) shall take
effect on July 1, 2000.’’.
SEC. 9009. SIMPLIFIED FUEL TAX REFUND PROCEDURES.

(a) IN GENERAL.—Subparagraph (A) of section 6427(i)(2) is
amended to read as follows:
‘‘(A) IN GENERAL.—If, at the close of any quarter of
the taxable year of any person, at least $750 is payable
in the aggregate under subsections (a), (b), (d), (h), (l),
and (q) of this section and section 6421 to such person
with respect to fuel used during—
‘‘(i) such quarter, or
‘‘(ii) any prior quarter (for which no other claim
has been filed) during such taxable year,
a claim may be filed under this section with respect to
such fuel.’’.
(b) CONFORMING AMENDMENTS.—
(1) Subsection (i) of section 6427 is amended by striking
paragraph (4) and by redesignating paragraph (5) as paragraph
(4).
(2) Paragraph (2) of section 6427(k) is amended to read
as follows:
‘‘(2) EXCEPTION.—Paragraph (1) shall not apply to a payment of a claim filed under paragraph (2), (3), or (4) of subsection (i).’’.
(3) Paragraph (2) of section 6421(d) is amended to read
as follows:
‘‘(2) EXCEPTION.—
‘‘For payments per quarter based on aggregate amounts payable
under this section and section 6427, see section 6427(i)(2).’’.

(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 1998.

26 USC 6421
note.

SEC. 9010. ELECTION TO RECEIVE TAXABLE CASH COMPENSATION IN
LIEU OF NONTAXABLE QUALIFIED TRANSPORTATION
FRINGE BENEFITS.

(a) NO CONSTRUCTIVE RECEIPT.—
(1) IN GENERAL.—Paragraph (4) of section 132(f) (relating
to qualified transportation fringe) is amended to read as follows:
‘‘(4) NO CONSTRUCTIVE RECEIPT.—No amount shall be
included in the gross income of an employee solely because
the employee may choose between any qualified transportation
fringe and compensation which would otherwise be includible
in gross income of such employee.’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to taxable years beginning after December
31, 1997.
(b) INFLATION ADJUSTMENT ONLY AFTER 1999.—
(1) IN GENERAL.—Paragraph (6) of section 132(f) (relating
to qualified transportation fringe) is amended to read as follows:
‘‘(6) INFLATION ADJUSTMENT.—
‘‘(A) IN GENERAL.—In the case of any taxable year
beginning in a calendar year after 1999, the dollar amounts

26 USC 132 note.

112 STAT. 508

26 USC 132 note.

26 USC 132 note.

PUBLIC LAW 105–178—JUNE 9, 1998

contained in subparagraphs (A) and (B) of paragraph (2)
shall be increased by an amount equal to—
‘‘(i) such dollar amount, multiplied by
‘‘(ii) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, by substituting ‘calendar year
1998’ for ‘calendar year 1992’.
‘‘(B) ROUNDING.—If any increase determined under
subparagraph (A) is not a multiple of $5, such increase
shall be rounded to the next lowest multiple of $5.’’.
(2) CONFORMING AMENDMENTS.—Section 132(f)(2) is
amended—
(A) by striking ‘‘$60’’ in subparagraph (A) and inserting
‘‘$65’’, and
(B) by striking ‘‘$155’’ in subparagraph (B) and
inserting ‘‘$175’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to taxable years beginning after December
31, 1998.
(c) INCREASE IN MAXIMUM EXCLUSION FOR EMPLOYER-PROVIDED
TRANSIT PASSES.—
(1) IN GENERAL.—Subparagraph (A) of section 132(f)(2)
(relating to limitation on exclusion) is amended by striking
‘‘$65’’ and inserting ‘‘$100’’.
(2) NEW BASE PERIOD FOR INFLATION ADJUSTMENT.—
Subparagraph (A) of section 132(f)(6) is amended by adding
at the end the following flush sentence:
‘‘In the case of any taxable year beginning in a calendar
year after 2002, clause (ii) shall be applied by substituting
‘calendar year 2001’ for ‘calendar year 1998’ for purposes
of adjusting the dollar amount contained in paragraph
(2)(A).’’.
(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to taxable years beginning after December
31, 2001.
SEC. 9011. REPEAL OF NATIONAL RECREATIONAL TRAILS TRUST FUND.

(a) IN GENERAL.—Section 9511 (relating to National Recreational Trails Trust Fund) is repealed.
(b) CONFORMING AMENDMENTS.—
(1) Section 9503(c) is amended by striking paragraph (6).
(2) Subparagraph (D) of section 9503(b)(4) is amended to
read as follows:
‘‘(D) in the case of gasoline and special motor fuels
used as described in paragraph (4)(D) or (5)(B) of subsection
(c), section 4041 or 4081 with respect to so much of the
rate of tax as exceeds 11.5 cents per gallon,’’.
(3) The table of sections for subchapter A of chapter 98
is amended by striking the item relating to section 9511.

PUBLIC LAW 105–178—JUNE 9, 1998

112 STAT. 509

SEC. 9012. IDENTIFICATION OF LIMITED TAX BENEFITS SUBJECT TO
LINE ITEM VETO.

For purposes of part C of title X of the Congressional Budget
and Impoundment Control Act of 1974 (relating to line item veto),
the Joint Committee on Taxation has determined that this title
does not contain any limited tax benefit (as defined in such part).
Approved June 9, 1998.

LEGISLATIVE HISTORY—H.R. 2400 (S. 1173):
HOUSE REPORTS: Nos. 105–467, Pts. 1 and 2 (Comm. on Transportation and Infrastructure) and Pt. 3 (Comm. on Ways and Means), and 105–
550 (Comm. of Conference).
SENATE REPORTS: No. 105–95 accompanying S. 1173 (Comm. on Environment
and Public Works).
CONGRESSIONAL RECORD, Vol. 144 (1998):
Apr. 1, considered and passed House.
Apr. 2, considered and passed Senate, amended, in lieu of S. 1173.
May 22, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
June 9, Presidential remarks and statement.

Æ