PERIOD OF AVAILABILITY.

SEC. 1020. PERIOD OF AVAILABILITY. (a) Date and Period of Availability; Discretionary Projects.— Section 118 of title 23, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections: “(a) Date Available for Obligation.— Except as otherwise specifically provided, authorizations from the Highway Trust Fund (other than the Mass Transit Account) to carry out this title shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first. “(b) Period of Availability; Discretionary Projects.— “(1) Interstate construction funds.— Funds apportioned or allocated for Interstate construction in a State shall remain available for obligation in that State until the last day of the fiscal year in which they are apportioned or allocated. Sums not obligated by the last day of the fiscal year in which they are apportioned or allocated shall be allocated to other States, except Massachusetts, at the discretion of the Secretary. All 105 STAT. 1949sums apportioned or allocated on or after October 1, 1994, shall remain available in the State until expended. All sums apportioned or allocated to Massachusetts on or before October 1, 1989, shall remain available until expended. “(2) Other funds.— Except as otherwise specifically provided, funds apportioned or allocated pursuant to this title (other than for Interstate construction) in a State shall remain available for obligation in that State for a period of 3 years after the last day of the fiscal year for which the funds are authorized. Any amounts so apportioned or allocated that remain unobligated at the end of that period shall lapse.”. (b) Set Aside for Discretionary Projects.— Section 118(c) of such title is amended— (1) by striking “1983” and inserting “1992”; (2) by striking “$300,000,000” and inserting “$100,000,000”; and (3) by striking paragraph (2) and inserting the following new paragraph: “(2) Set aside for 4r projects.— “(A) In general.— Before any apportionment is made under section 104(b)(1) of this title, the Secretary shall set aside $54,000,000 for fiscal year 1992, $64,000,000 for each fiscal years 1993, 1994, 1995, and 1996, and $65,000,000 for fiscal year 1997 for obligation by the Secretary for projects for resurfacing, restoring, rehabilitating, and reconstructing any route or portion thereof on the Interstate System (other than any highway designated as a part of the Interstate System under section 139 and any toll road on the Interstate System not subject to an agreement under section 119(e) of this title, as in effect on the day before the date of the enactment of the Intermodal Surface Transportation Efficiency Act of 1991). Of the amounts set aside under the preceding sentence, the Secretary shall obligate $16,000,000 for fiscal year 1992 and $17,000,000 for each of fiscal years 1993 and 1994 for improvements on the Kennedy Expressway in Chicago, Illinois. The remainder of such funds shall be made available by the Secretary to any State applying for such funds, if the Secretary determines that— “(i) the State has obligated or demonstrates that it will obligate in the fiscal year all of its apportionments under section 104(b)(1) other than an amount which, by itself, is insufficient to pay the Federal share of the cost of a project for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System which has been submitted by the State to the Secretary for approval; and “(ii) the applicant is willing and able to (I) obligate the funds within 1 year of the date the funds are made available, (ID apply them to a ready-to-commence project, and (III) in the case of construction work, begin work within 90 days of obligation. “(B) Priority consideration for certain projects.— In selecting projects to fund under subparagraph (A), the Secretary shall give priority consideration to any project the cost of which exceeds $10,000,000 on any high volume route 105 STAT. 1950in an urban area or a high truck-volume route in a rural area. “(C) Period of availability of discretionary funds.— Sums made available pursuant to this paragraph shall remain available until expended.”. (c) Conforming Amendment.— Section 118(d) of such title is amended by striking “(b)(2)” and inserting “(b)(1)”. (d) Alaska and Puerto Rico.— Section 118(0 of such title is amended by striking “on a Federal-aid system”.