BACK

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 1\1/2\ 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 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--
                ``(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 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) 33\1/3\ 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) 33\1/3\ percent in the ratio that--
                ``(i) the total vehicle miles traveled on lanes on
            Interstate System routes designated under--

                    ``(I) section 103;
                    ``(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) 33\1/3\ 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.
            ``(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 right-of-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.--
        ``(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 1\1/2\ 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
            ``(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;
                (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 following:
    ``(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.--
        (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.

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