SUBSTITUTE PROJECT.

SEC. 1045. SUBSTITUTE PROJECT. (a) Approval of Project.— Notwithstanding any other provision of law, upon the request of the Governor of the State of Wisconsin, submitted after consultation with appropriate local government officials, the Secretary may approve substitute highway, bus transit, and light rail transit projects, in lieu of construction of the I–94 East-West Transitway project in Milwaukee and Waukesha Counties, as identified in the 1991 Interstate Cost Estimate. (b) Eligibility for Federal Assistance.— Upon approval of any substitute highway or transit project or projects under subsection (a), the costs of construction of the eligible transitway project for which such project or projects are substituted shall not be eligible for funds authorized under section 108(b) of the Federal-Aid High-way Act of 1956 and a sum equal to the Federal share of such costs, as included in the latest interstate cast estimate submitted to Congress, shall be available to the Secretary to incur obligations under section 103(e)(4) of title 23, United States Code, for the Federal share of the costs of such substitute project or projects. (c) Limitation on Eligibility.— If, by October 1, 1993, or two years after the date of the enactment of this Act, whichever is later, the 105 STAT. 1995Governor of the State of Wisconsin has not submitted a request for a substitute project or projects in lieu of the I–94 East-West Transitway, the Secretary shall not approve such substitution. If, by October 1, 1995, or four years after the date of the enactment of this Act, whichever is later, such substitute project or projects are not under construction, or under contract for construction, no funds shall be appropriated under the authority of section 103(e)(4) of title 23, United States Code, for such project or projects. For the purposes of this subsection, the term “construction” has the same meaning as given to it in section 101, title 23, United States Code, and shall include activities such as preliminary engineering and right-of-way acquisition. (d) Administrative Provisions.— (1) Status of substitute project or projects.— Any substitute project approved under subsection (a) shall be deemed to be a substitute project for the purposes of section 103(e)(4) of title 23, United States Code (other than subparagraphs (C) and (O)). (2) Reduction of unobligated interstate apportionment.— Unobligated apportionments for the Interstate System in the State of Wisconsin shall, on the date of approval of any substitute project or projects under subsection (a), be applied toward the Federal share of the costs of such substitute project or projects. (3) Administration through fhwa.— The Secretary shall administer this section through the Federal Highway Administration. (4) Fiscal years 1993 and 1994 apportionments.—For the purpose of apportioning funds for fiscal years 1993 and 1994 under section 104(b)(5)(A), the Secretary shall consider Wisconsin as having no remaining eligible costs. For the purpose of apportioning funds under section 104(b)(5)(A) of title 23, United States Code, for fiscal year 1995 and subsequent fiscal years, Wisconsin’s actual remaining eligible costs shall be used. (e) Transfer of Apportionments.— Wisconsin may transfer Inter-state construction apportionments to its National Highway System in amounts equal to or less than the costs for additional work on sections of the Interstate System that have been built with Inter-state construction funds and that are open to traffic as shown in the 1991 Interstate Cost Estimate.