APPORTIONMENTS.

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 l ½ 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 112 STAT. 119shall 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 ½ 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— 112 STAT. 120 “(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 112 STAT. 121of 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 ½ 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 ½ of 1 percent of the funds apportioned under this paragraph. “(4) Interstate maintenance component.— For resurfacing, restoring, rehabilitating, and reconstructing the Interstate System— “(A) 33⅓ 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) 33⅓ 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 “(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) 33⅓ 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. 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 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.— 112 STAT. 124 “(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 1½ 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 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; 112 STAT. 126 (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 (l)(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.— 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.