Pub. L. 105-178, tit. I, subtit. A, sec. 1107
INTERSTATE MAINTENANCE PROGRAM.
SEC. 1107. INTERSTATE MAINTENANCE PROGRAM. (a) In General.— Section 119 of title 23, United States Code, is amended— (1) by striking subsection (a) and inserting the following: “(a) In General.— “(1) Projects.— The Secretary may approve projects for resurfacing, restoring, rehabilitating, and reconstructing— “(A) routes on the Interstate System designated under section 103(c)(1) and, in Alaska and Puerto Rico, under section 103(c)(4)(A); “(B) routes on the Interstate System designated before the date of enactment of the Transportation Equity Act for the 21st Century under subsections (a) and (b) of section 139 (as in effect on the day before the date of enactment of such Act); and “(C) any segments that become part of the Interstate System under section 1105(eX5) of the Intermodal Surface Transportation Efficiency Act of 1991. “(2) Toll roads.— The Secretary may approve a project pursuant to this subsection on a toll road only if such road is subject to a Secretarial agreement provided for in section 129 or continued in effect by section 1012(d) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1939) and not voided by the Secretary under section 120(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 159). “(3) Funding.— Sums authorized to be appropriated to carry out this section shall be out of the Highway Trust Fund and shall be apportioned in accordance with section 104(b)(4).”; (2) by striking subsections (b), (c), and (e); and (3) by redesignating subsections (d), (f), and (g) as subsections (b), (c), and (d), respectively. (b) Set-Asides for Interstate Discretionary Projects.— Section 118(c) of such title is amended to read as follows: “(c) Set-Asides for Interstate Discretionary Projects.— “(1) In general.— Before any apportionment is made under section 104(b)(4), the Secretary shall set aside $50,000,000 in fiscal year 1998 and $100,000,000 in each of fiscal years 1999 through 2003 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 (as in effect on the day before the date of enactment of the Transportation Equity Act for the 21st Century)) and any toll road on the Interstate System not subject to an agreement under section 119(e) (as in effect on December 17, 1991). “(2) Selection criteria.— The amounts set aside under paragraph (1) shall be made available by the Secretary to 112 STAT. 138any State applying for such funds if the Secretary determines that— “(A) the State has obligated or demonstrates that it will obligate in the fiscal year all of its apportionments under section 104(b)(4) other than an amount that, by itself, is insufficient to pay the Federal share of the cost of a project for resurfacing, restoring, rehabilitating, and reconstructing the Interstate System that has been submitted by the State to the Secretary for approval; and “(B) the applicant is willing and able to— “(i) obligate the funds within 1 year of the date the funds are made available; “(ii) apply the funds to a ready-to-commence project; and “(iii) in the case of construction work, begin work within 90 days after obligation. “(3) Priority consideration for certain projects.— In selecting projects to fund under paragraph (1), the Secretary shall give priority consideration to any project the cost of which exceeds $10,000,000 on any high volume route in an urban area or a high truck-volume route in a rural area. “(4) Period of availability of discretionary funds.— Sums made available pursuant to this subsection shall remain available until expended.”. (c) Interstate Needs.— (1) Study.— The Secretary shall conduct, in cooperation with States and affected metropolitan planning organizations, a study to determine— (A) the expected condition of the Interstate System over the next 10 years and the needs of States and metropolitan planning organizations to reconstruct and improve the Interstate System; (B) the resources necessary to maintain and improve the Interstate System; and (C) the means to ensure that the Nation’s surface transportation program can— (i) address the needs identified in subparagraph (A); and (ii) allow for States to address any extraordinary needs. (2) Report.— Not later than January 1, 2000, the Secretary shall transmit to Congress a report on the results of the study.