HIGH PRIORITY PROJECTS PROGRAM.

SEC. 1601. HIGH PRIORITY PROJECTS PROGRAM. (a) In General.— Chapter 1 of title 23, United States Code, is amended by striking section 117 and inserting the following: “§117. High priority projects program “(a) Authorization of High Priority Projects.— The Secretary is authorized to carry out high priority projects with funds made available to carry out the high priority projects program under this section. Of amounts made available to carry out this section, the Secretary, subject to subsection (b), shall make available to carry out each project described in section 1602 of the Transportation Equity Act for the 21st Century the amount listed for such project in such section. Any amounts made available to carry out such program that are not allocated for projects described in such section shall be available to the Secretary, subject to subsection (b), to carry out such other high priority projects as the Secretary determines appropriate. “(b) Allocation Percentages.— For each project to be carried out with funds made available to carry out the high priority projects program under this section— “(1) 11 percent of such amount shall be available for obligation beginning in fiscal year 1998; “(2) 15 percent of such amount shall be available for obligation beginning in fiscal year 1999; “(3) 18 percent of such amount shall be available for obligation beginning in fiscal year 2000; “(4) 18 percent of such amount shall be available for obligation beginning in fiscal year 2001; “(5) 19 percent of such amount shall be available for obligation beginning in fiscal year 2002; and “(6) 19 percent of such amount shall be available for obligation beginning in fiscal year 2003. “(c) Federal Share.— The Federal share payable on account of any project carried out with funds made available to carry out this section shall be 80 percent of the total cost thereof. “(d) Delegation to States.— Subject to the provisions of this title, the Secretary shall delegate responsibility for carrying out a project or projects, with funds made available to carry out this section, to the State in which such project or projects are located upon request of such State. “(e) Advance Construction.— When a State which has been delegated responsibility for a project under this section— “(1) has obligated all funds allocated under this section and section 1602 of the Transportation Equity Act for the 21st Century for such project; and “(2) proceeds to construct such project without the aid of Federal funds in accordance with all procedures and all requirements applicable to such project, except insofar as such procedures and requirements limit the State to the construction of projects with the aid of Federal funds previously allocated to it; 112 STAT. 256 the Secretary, upon the approval of the application of a State, shall pay to the State the Federal share of the cost of construction of the project when additional funds are allocated for such project under this section and section 1602 of the Transportation Equity Act for the 21st Century. “(f) Period of Availability.— Funds made available to carry out this section shall remain available until expended. “(g) Availability of Obligation Limitation.— Obligation authority attributable to funds made available to carry out this section shall only be available for the purposes of this section and shall remain available until obligated pursuant to section 1102(g) of the Transportation Equity Act for the 21st Century. “(h) Treatment.— Funds allocated to a State in accordance with this section shall be treated as amounts in addition to the amounts a State is apportioned under sections 104, 105, and 144 for programmatic purposes.”. (b) Purpose of Projects.— Section 145 of such title is amended— (1) by inserting “(a) Protection of State Sovereignty.—” before “The authorization”; and (2) by adding at the end the following: “(b) Purpose of Projects.— The projects described in section 1602 of the Transportation Equity Act for the 21st Century, sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027 et seq.), and section 149(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 181 et seq.) are intended to establish eligibility for Federal-aid highway funds made available for such projects by section 1101(a)(13) of the Transportation Equity Act for the 21st Century, 117 of title 23, United States Code, sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991, and subsections (b), (c), and (d) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, respectively, and are not intended to define the scope or limits of Federal action in a manner inconsistent with subsection (a).”. (c) Conforming Amendment.— The analysis for chapter 1 of such title is amended by striking the item relating to section 117 and inserting the following: “117. High priority projects program.”.