SURFACE TRANSPORTATION PROGRAM.

SEC. 1007. SURFACE TRANSPORTATION PROGRAM. (a) Establishment of Program.— (1) In general.— Chapter 1 of title 23, United States Code, is amended by inserting after section 132 the following new section: “§ 133. Surface transportation program “(a) Establishment.— The Secretary shall establish a surface transportation program in accordance with this section. “(b) Eligible Projects.— A State may obligate funds apportioned to it under section 104(b)(3) for the surface transportation program only for the following: “(1) Construction, reconstruction, rehabilitation, resurfacing, restoration, and operational improvements for highways (including Interstate highways) and bridges (including bridges on public roads of all functional classifications), including any such construction or reconstruction necessary to accommodate other transportation modes, and including the seismic retrofit and painting of and application of calcium magnesium acetate on bridges and approaches thereto and other elevated structures, mitigation of damage to wildlife, habitat, and ecosystems caused by a transportation project funded under this title. “(2) Capital costs for transit projects eligible for assistance under the Federal Transit Act and publicly owned intracity or intercity bus terminals and facilities. 105 STAT. 1928 “(3) Carpool projects, fringe and corridor parking facilities and programs, and bicycle transportation and pedestrian walk-ways in accordance with section 217. “(4) Highway and transit safety improvements and programs, hazard eliminations, projects to mitigate hazards caused by wildlife, and railway-highway grade crossings. “(5) Highway and transit research and development and technology transfer programs. “(6) Capital and operating costs for traffic monitoring, management, and control facilities and programs. “(7) Surface transportation planning programs. “(8) Transportation enhancement activities. “(9) Transportation control measures listed in section 108(f)(1)(A) (other than clauses (xii) and (xvi)) of the Clean Air Act. “(10) Development and establishment of management systems under section 303. “(11) In accordance with all applicable Federal law and regulations, participation in wetlands mitigation efforts related to projects funded under this title, which may include participation in wetlands mitigation banks; contributions to statewide and regional efforts to conserve, restore, enhance and create wetlands; and development of statewide and regional wetlands conservation and mitigation plans, including any such banks, efforts, and plans authorized pursuant to the Water Resources Development Act of 1990 (including crediting provisions). Contributions to such mitigation efforts may take place concurrent with or in advance of project construction. Contributions toward these efforts may occur in advance of project construction only if such efforts are consistent with all applicable requirements of Federal law and regulations and State transportation planning processes. “(c) Location of Projects.— Except as provided in subsection (b)(1), surface transportation program projects (other than those described in subsections (b) (3) and (4)) may not be undertaken on roads functionally classified as local or rural minor collectors, unless such roads are on a Federal-aid highway system on January 1, 1991, and except as approved by the Secretary. “(d) Allocations of Apportioned Funds.— “(1) For safety programs.— 10 percent of the funds apportioned to a State under section 104(b)(3) for the surface transportation program for a fiscal year shall only be available for carrying out sections 130 and 152 of this title. Of the funds set aside under the preceding sentence, the State shall reserve in such fiscal year an amount of such funds for carrying out each such section which is not less than the amount of funds apportioned to the State in fiscal year 1991 under such section. “(2) For transportation enhancement activities.— 10 percent of the funds apportioned to a State under section 104(b)(3) for a fiscal year shall only be available for transportation enhancement activities. “(3) Division between urbanized areas of over 200,000 population and other areas.— “(A) General rule.— Except as provided in subparagraphs (C) and (D), 62.5 percent of the remaining 80 percent of the funds apportioned to a State under section 104(b)(3) for a fiscal year shall be obligated under this section— 105 STAT. 1929 “(i) in urbanized areas of the State with an urbanized area population of over 200,000, and “(ii) in other areas of the State, in proportion to their relative share of the State’s population. The remaining 37.5 percent may be obligated in any area of the State. Funds attributed to an urbanized area under clause (i) may be obligated in the metropolitan area established under section 134 which encompasses the urbanized area. “(B) Special rule for areas of less than 5,000 population.— Of the amounts required to be obligated under subparagraph (A)(ii), the State shall obligate in areas of the State (other than urban areas with a population greater than 5,000) an amount which is not less than 110 percent of the amount of funds apportioned to the State for the Federal-aid secondary system for fiscal year 1991. “(C) Special rule for certain states.— In the case of a State in which— “(i) greater than 80 percent of the population of the State is located in 1 or more metropolitan statistical areas, and “(ii) greater than 80 percent of the land area of such State is owned by the United States, the 62.5 percentage specified in the first sentence of subparagraph (A) shall be 35 percent and the percentage specified in the second sentence of subparagraph (A) shall be 65 percent. “(D) Noncontiguous states exemption.— Subparagraph (A) shall not apply to any State which is noncontiguous with the continental United States. “(E) Distribution between urbanized areas of over 200,000 population.— The amount of funds which a State is required to obligate under subparagraph (A)(i) shall be obligated in urbanized areas described in subparagraph (A)(i) based on the relative population of such areas; except that the State may obligate such funds based on other factors if the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to do so and the Secretary grants the request. “(4) Applicability of planning requirements.— Programming and expenditure of funds for projects under this section shall be consistent with the requirements of sections 134 and 135 of this title. “(e) Administration.— “(1) Noncompliance.— If the Secretary determines that a State or local government has failed to comply substantially with any provision of this section, the Secretary shall notify the State that, if the State fails to take corrective action within 60 days from the date of receipt of the notification, the Secretary will withhold future apportionments under section 104(b)(3) until the Secretary is satisfied that appropriate corrective action has been taken. “(2) Certification.— The Governor of each State shall certify before the beginning of each quarter of a fiscal year that the State will meet all the requirements of this section and shall notify the Secretary of the amount of obligations expected to be incurred for surface transportation program projects during 105 STAT. 1930such quarter. A State may request adjustment to the obligation amounts later in each of such quarters. Acceptance of the notification and certification shall be deemed a contractual obligation of the United States for the payment of the surface transportation program funds expected to be obligated by the State in such quarter for projects not subject to review by the Secretary under this chapter. “(3) Payments.— The Secretary shall make payments to a State of costs incurred by the State for the surface transportation program in accordance with procedures to be established by the Secretary. Payments shall not exceed the Federal share of costs incurred as of the date the State requests payments. “(4) Population determinations.— The Secretary shall use estimates prepared by the Secretary of Commerce when determining population figures for purposes of this section. “(f) Allocation of Obligation Authority.— A State which is required to obligate in an urbanized area with an urbanized area population of over 200,000 under subsection (d) funds apportioned to it under section 104(b)(3) shall allocate during the 6-fiscal year period 1992 through 1997 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction for use in such area determined by multiplying— “(1) the aggregate amount of funds which the State is required to obligate in such area under subsection (d) during such period; by “(2) the ratio of the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction during such period to the total sums apportioned to the State for Federal-aid highways and highway safety construction (excluding sums not subject to an obligation limitation) during such period.”. (2) Conforming amendment.— The analysis for chapter 1 of such title is amended by inserting after the item relating to section 132 the following: “133. Surface transportation program.”. (b) Apportionment of Surface Transportation Program Funds.— (1) In general.— Section 104(b)(3) of title 23, United States Code, is amended to read as follows: “(3) Surface transportation program.— “(A) General rule.— For the surface transportation program in a manner so that a State’s current percentage share of apportionments is equal to the State’s 1987–1991 percentage share of apportionments. For purposes of this paragraph— “(i) a State’s current percentage share of apportionments is the State’s percentage share of all funds apportioned for a fiscal year under paragraph (1) for the National Highway System, under section 144 for the bridge program, under paragraph (5)(B) for Interstate maintenance, and under this paragraph; and “(ii) a State’s 1987–1991 percentage share of apportionments is the State’s percentage share of all apportionments and allocations under this title for fiscal years 1987, 1988, 1989, 1990, and 1991 (except appor-105 STAT. 1931tionments and allocations for Interstate construction under sections 104(b)(5)(A) and 118, Interstate highway substitute under section 103(e)(4), Federal lands highways under section 202, and emergency relief under section 125, all allocations under section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and the portion of allocations under section 157 (relating to minimum allocation) that would be attributable to apportionments made under Interstate construction and Interstate highway substitute programs under sections 104(b)(5)(A) and 103(e)(4), respectively, for such fiscal years if the minimum allocation percentage for such fiscal years had been 90 percent instead of 85 percent). “(B) Calculation rules.— In calculating a State’s percentage share under this paragraph for the purpose of making apportionments for fiscal years 1992, 1993, 1994, 1995, 1996, and 1997, each State shall be treated as having received 14 of 1 percent of all funds apportioned for the Interstate construction program under section 104(b)(5)(A) in fiscal years 1987, 1988, 1989, 1990, and 1991. Notwithstanding any other provision of this paragraph, in any fiscal year no State shall receive a percentage of total apportionments and allocations that is less than 70 percent of its percentage of total apportionments and allocations for fiscal years 1987, 1988, 1989, 1990, and 1991, except for those States that receive an apportionment for Interstate construction under paragraph (5)(A) of more than $50,000,000 for fiscal year 1992.”. (2) Conforming amendments.— Section 104 of such title is further amended— (A) in subsections (a) and (b) by striking “upon the Federal-aid systems” and inserting “on the surface transportation program, the congestion mitigation and air quality improvement program, the National Highway System, and the Interstate System”; (B) in subsection (b) by striking “paragraphs (4) and (5)” and inserting “paragraph (5)(A)”; and (C) in subsection (b) by striking “and sections 118(c) and 307(d)” and inserting “and section 307”. (c) Transportation Enhancement Activities Defined.— Section 101(a) of title 23, United States Code, is amended by adding at the end the following new paragraph: “The term ‘transportation enhancement activities’ means, with respect to any project or the area to be served by the project, provision of facilities for pedestrians and bicycles, acquisition of scenic easements and scenic or historic sites, scenic or historic highway programs, landscaping and other scenic beautification, historic preservation, rehabilitation and operation of historic transportation buildings, structures, or facilities (including historic railroad facilities and canals), preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails), control and removal of outdoor advertising, archaeological planning and research, and mitigation of water pollution due to highway runoff.”.