INTERSTATE 4R PROGRAM.

SEC. 116. INTERSTATE 4R PROGRAM. (a) Transfer of Interstate Construction Apportionments.—Section 119(d) of title 23, United States Code, is amended to read as follows: “(d) Transfer of Interstate Construction Apportionments.— Upon application by a State (other than the State of Massachusetts) and approval by the Secretary, the Secretary may transfer to the apportionments to such State under section 104(b)(1) or 104(b)(5)(B) any amount of the funds apportioned to such State for any fiscal year under section 104(b)(5)(A) if such amount does not exceed the Federal share of the costs of construction of segments of the Interstate System open to traffic in such State (other than high occupancy vehicle lanes) included in the most recent interstate cost estimate. Upon transfer of such amount, the construction on which such amount is based on open-to-traffic segments of the Interstate System in such State as included in the latest interstate cost estimate shall be ineligible and shall not be included in future interstate cost estimates approved or adjusted under section 104(b)(5)(A).”. (b) Toll Road Agreements.—Section 119 of title 23, United States Code, is amended by adding at the end thereof the following new subsections: “(e) Toll Road Agreements.— “(1) Requirement.—The Secretary may approve a project pursuant to subsection (a) on a toll road only if an agreement satisfactory to the Secretary has been reached with the State highway department and each public authority with jurisdiction over such toll road prior to the approval of such project that the toll road will become free to the public upon the collection of tolls sufficient to liquidate the cost of the toll road or any bonds outstanding at the time constituting a valid lien against it, and the cost of maintenance and operation and debt service during the period of toll collections. “(2) Terms.—An agreement under this subsection shall contain— “(A) a provision requiring that if, for any reason, a toll road receiving Federal assistance under this section does not become free to the public upon collection of sufficient tolls as specified in paragraph (1) of this subsection, Federal funds used for projects on such toll road pursuant to this subsection shall be repaid to the Federal Treasury, and “(B) a provision requiring that if such repayment does not equal or exceed Federal funds apportioned to a State by reason of including mileage on such toll road in an apportionment formula, the apportionment to the State shall be reduced by the amount needed to make the repayment equal the amount of such Federal apportionment. “(3) Treatment of section 105 agreements.—Any agreement entered into under section 105 of the Federal-Aid Highway Act of 1978 before the date of the enactment of this subsection shall be treated as an agreement entered into under this subsection. “(f) Transfer of Funds for Primary System Projects.— “(1) Upon certification acceptance.—If a State certifies to the Secretary that any part of the sums apportioned to the State under section 104(b)(5)(B) of this title are in excess of the needs of the State for resurfacing, restoring, rehabilitating, or re-101 STAT. 155constructing Interstate System routes and the Secretary accepts such certification, the State may transfer such excess part to its apportionment under section 104(b)(1). “(2) Unconditional.—Notwithstanding paragraph (1), a State may transfer to its apportionment under section 104(b)(1) of this title— “(A) in fiscal year 1987, an amount not to exceed 20 percent of the funds apportioned to the State under section 104(b)(5)(B) which are not obligated at the time of the transfer; and “(B) in any fiscal year thereafter, an amount equal to 20 percent of the funds apportioned to the State under section 104(b)(5)(B) for such fiscal year.”. (c) Conforming Amendments.—(1) Section 119(a) of such title is amended by striking out “section 105 of the Federal-Aid Highway Act of 1978” and inserting in lieu thereof “subsection (e)”. (2) Section 105 of the Federal-Aid Highway Act of 1978 is amended by striking out all that follows the first sentence.