S 3132 IS

To improve the economy and the quality of life for all citizens by authorizing funds for Federal-aid highways, and for other purposes.

October 17, 2002

Mr. BAUCUS (for himself, Mr. CRAPO, and Mr. CRAIG) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

To improve the economy and the quality of life for all citizens by authorizing funds for Federal-aid highways, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Maximum Economic Growth for America Through Highway Funding Act' or the `MEGA Fund Act'.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

(a) PROGRAMS SUBJECT TO MINIMUM GUARANTEE- The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(1) INTERSTATE MAINTENANCE PROGRAM- For the Interstate maintenance program under section 119 of title 23, United States Code, $4,864,000,000 for fiscal year 2004, $5,020,000,000 for fiscal year 2005, $5,176,000,000 for fiscal year 2006, $5,333,000,000 for fiscal year 2007, $5,645,000,000 for fiscal year 2008, and $5,958,000,000 for fiscal year 2009.

(2) NATIONAL HIGHWAY SYSTEM- For the National Highway System under section 103(b) of title 23, United States Code, $5,836,000,000 for fiscal year 2004, $6,024,000,000 for fiscal year 2005, $6,212,000,000 for fiscal year 2006, $6,399,000,000 for fiscal year 2007, $6,774,000,000 for fiscal year 2008, and $7,150,000,000 for fiscal year 2009.

(3) BRIDGE PROGRAM- For the bridge program under section 144 of title 23, United States Code, $4,173,000,000 for fiscal year 2004, $4,307,000,000 for fiscal year 2005, $4,442,000,000 for fiscal year 2006, $4,576,000,000 for fiscal year 2007, $4,844,000,000 for fiscal year 2008, and $5,112,000,000 for fiscal year 2009.

(4) SURFACE TRANSPORTATION PROGRAM- For the surface transportation program under section 133 of title 23, United States Code, $6,809,000,000 for fiscal year 2004, $7,028,000,000 for fiscal year 2005, $7,247,000,000 for fiscal year 2006, $7,466,000,000 for fiscal year 2007, $7,903,000,000 for fiscal year 2008, and $8,341,000,000 for fiscal year 2009.

(5) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM- For the congestion mitigation and air quality improvement program under section 149 of title 23, United States Code, $1,654,000,000 for fiscal year 2004, $1,707,000,000 for fiscal year 2005, $1,760,000,000 for fiscal year 2006, $1,813,000,000 for fiscal year 2007, $1,919,000,000 for fiscal year 2008, and $2,026,000,000 for fiscal year 2009.

(6) APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM PROGRAM- For the Appalachian development highway system program under section 14501 of title 40, United States Code, $450,000,000 for each of fiscal years 2004 through 2009.

(7) RECREATIONAL TRAILS PROGRAM- For the recreational trails program under section 206 of title 23, United States Code, $75,000,000 for each of fiscal years 2004 through 2009.

(8) HIGH PRIORITY PROJECTS PROGRAM- For the high priority projects program under section 117 of title 23, United States Code, $1,000,000,000 for each of fiscal years 2004 through 2009.

(b) ASSISTANCE IN OVERCOMING ECONOMIC AND DEMOGRAPHIC BARRIERS- For the program to provide assistance in overcoming economic and demographic barriers under section 139 of title 23, United States Code, there is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) $2,000,000,000 for each of fiscal years 2004 through 2009.

(c) ADDITIONAL PROGRAMS- The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(1) FEDERAL LANDS HIGHWAYS PROGRAM-

(A) INDIAN RESERVATION ROADS- For Indian reservation roads under section 204 of title 23, United States Code, $300,000,000 for each of fiscal years 2004 through 2009.

(B) PUBLIC LANDS HIGHWAYS- For public lands highways under section 204 of title 23, United States Code, $350,000,000 for each of fiscal years 2004 through 2009.

(C) PARK ROADS AND PARKWAYS- For park roads and parkways under section 204 of title 23, United States Code, $300,000,000 for each of fiscal years 2004 through 2009.

(D) REFUGE ROADS- For refuge roads under section 204 of title 23, United States Code, $35,000,000 for each of fiscal years 2004 through 2009.

(2) NATIONAL CORRIDOR PLANNING AND DEVELOPMENT PROGRAM- For the national corridor planning and development program under section 1118 of the Transportation Equity Act for the 21st Century (23 U.S.C. 101 note; 112 Stat. 161) $100,000,000 for each of fiscal years 2004 through 2009.

(3) COORDINATED BORDER INFRASTRUCTURE PROGRAM- For the coordinated border infrastructure program under section 1119 of the Transportation Equity Act for the 21st Century (23 U.S.C.

101 note; 112 Stat. 163) $100,000,000 for each of fiscal years 2004 through 2009.

(4) CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES- For construction of ferry boats and ferry terminal facilities under section 1064 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 note; 105 Stat. 2005) $50,000,000 for each of fiscal years 2004 through 2009.

(5) NATIONAL SCENIC BYWAYS PROGRAM- For the national scenic byways program under section 162 of title 23, United States Code, $30,000,000 for each of fiscal years 2004 through 2009.

(6) HIGHWAY USE TAX EVASION PROJECTS- For highway use tax evasion projects under section 143 of title 23, United States Code, $40,000,000 for each of fiscal years 2004 through 2009.

(7) COMMONWEALTH OF PUERTO RICO HIGHWAY PROGRAM- For the Commonwealth of Puerto Rico highway program under section 1214(r) of the Transportation Equity Act for the 21st Century (112 Stat. 209) $130,000,000 for each of fiscal years 2004 through 2009.

(d) TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PILOT PROGRAM- Section 1221(e)(1) of the Transportation Equity Act for the 21st Century (23 U.S.C. 101 note; 112 Stat. 223) is amended--

(1) by striking `1999 and' and inserting `1999,'; and

(2) by inserting before the period at the end the following: `, and $50,000,000 for each of fiscal years 2004 through 2009'.

(e) NATIONAL HISTORIC COVERED BRIDGE PRESERVATION- Section 1224(d) of the Transportation Equity Act for the 21st Century (112 Stat. 837) is amended by striking `2003' and inserting `2009'.

(f) SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS- Section 157(g)(1) of title 23, United States Code, is amended--

(1) by striking `2002, and' and inserting `2002,'; and

(2) by inserting before the period at the end the following: `, and $115,000,000 for each of fiscal years 2004 through 2009'.

(g) RESEARCH PROGRAMS- The following sums are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account):

(1) SURFACE TRANSPORTATION RESEARCH- For carrying out sections 502, 506, 507, and 508 of title 23, United States Code, $103,000,000 for each of fiscal years 2004 through 2009.

(2) TECHNOLOGY DEPLOYMENT PROGRAM- For carrying out section 503 of title 23, United States Code, $50,000,000 for each of fiscal years 2004 through 2009.

(3) TRAINING AND EDUCATION- For carrying out section 504 of title 23, United States Code, $20,000,000 for each of fiscal years 2004 through 2009.

(4) BUREAU OF TRANSPORTATION STATISTICS- For the Bureau of Transportation Statistics to carry out section 111 of title 49, United States Code, $31,000,000 for each of fiscal years 2004 through 2009.

(5) ITS STANDARDS, RESEARCH, OPERATIONAL TESTS, AND DEVELOPMENT- For carrying out sections 5204, 5205, 5206, and 5207 of the Transportation Equity Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 453) $110,000,000 for each of fiscal years 2004 through 2009.

(6) ITS DEPLOYMENT- For carrying out sections 5208 and 5209 of the Transportation Equity Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 458) $140,000,000 for each of fiscal years 2004 through 2009.

(7) UNIVERSITY TRANSPORTATION RESEARCH- For carrying out section 5505 of title 49, United States Code, $32,000,000 for each of fiscal years 2004 through 2009.

(h) FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM- Section 104 of title 23, United States Code, is amended by adding at the end the following:

`(m) FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM-

`(1) DEDUCTIONS- For each of fiscal years 2004 through 2009, 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, and the Interstate and National Highway System program, the Secretary shall make proportionate deductions from those programs, in a total amount equal to $75,000,000, to be used to pay the costs of a future strategic highway research program established under paragraph (2).

`(2) PROGRAM- The Secretary shall establish and carry out a future strategic highway research program.

`(3) FEDERAL SHARE- The Federal share of the cost of a project carried out under the future strategic highway research program shall be 80 percent (unless the Secretary determines otherwise with respect to a project).

`(4) AVAILABILITY OF AMOUNTS- The amounts deducted under paragraph (1) shall be available for obligation in the same manner as if the funds were apportioned under this chapter, except that the funds shall remain available until expended.'.

(i) MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT PROGRAM- Section 322(h)(1)(B)(i) of title 23, United States Code, is amended--

(1) by striking `2002, and' and inserting `2002,'; and

(2) by inserting before the period at the end the following: `, and such sums as are necessary for fiscal year 2004 and each fiscal year thereafter'.

(j) TIFIA- Section 188 of title 23, United States Code, is amended--

(1) in subsection (a)--

(A) in paragraph (1)(E), by striking `fiscal year 2003' and inserting `each of fiscal years 2003 through 2009'; and

(B) in paragraph (2), by striking `2003' and inserting `2009'; and

(2) in the table contained in subsection (c), by striking the item relating to fiscal year 2003 and inserting the following:

`2003

--$2,600,000,000

`2004

--$2,600,000,000

`2005

--$2,600,000,000

`2006

--$2,600,000,000

`2007

--$2,600,000,000

`2008

--$2,600,000,000

`2009

--$2,600,000,000.'.

SEC. 3. OBLIGATION CEILING.

(a) IN GENERAL- Section 1102 of the Transportation Equity Act for the 21st Century (23 U.S.C. 104 note; 112 Stat. 115) is amended--

(1) in subsection (a)--

(A) in paragraph (5), by striking `and' at the end;

(B) in paragraph (6), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:

`(7) $34,000,000,000 for fiscal year 2004;

`(8) $35,000,000,000 for fiscal year 2005;

`(9) $36,000,000,000 for fiscal year 2006;

`(10) $37,000,000,000 for fiscal year 2007;

`(11) $39,000,000,000 for fiscal year 2008; and

`(12) $41,000,000,000 for fiscal year 2009.';

(2) in subsection (b)(8), by striking `through 2007' and inserting `through 2009';

(3) in subsection (c)--

(A) by striking `For each of fiscal years 1998 through 2003,' and inserting `Except as otherwise provided, for fiscal year 1998 and each fiscal year thereafter,';

(B) in paragraph (1)--

(i) by striking `Code, and amounts' and inserting `Code, amounts'; and

(ii) by inserting before the semicolon at the end the following: `or, for fiscal year 2004 and each fiscal year thereafter, amounts authorized for the Indian reservation roads program under section 204 of title 23, United States Code'; and

(C) in paragraph (5), by striking `this Act' and inserting `this Act, the Maximum Economic Growth for America Through Highway Funding Act,';

(4) in subsection (d), by striking `2003' and inserting `2009';

(5) in subsection (e)--

(A) by striking `Obligation' and inserting the following:

`(1) IN GENERAL- Obligation';

(B) in paragraph (1) (as designated by subparagraph (A)), by striking `and under title V of this Act' and inserting `under title V of this Act, and under the Maximum Economic Growth for America Through Highway Funding Act'; and

(C) by adding at the end the following:

`(2) LIMITATION FOR FISCAL YEARS 2004 THROUGH 2009- Notwithstanding any other provision of law, the total of all obligations from amounts made available from the Highway Trust Fund (other than the Mass Transit Account) by section 2(f) of the Maximum Economic Growth for America Through Highway Funding Act, and section 104(m) of title 23, United States Code, shall not exceed $561,000,000 for each of fiscal years 2004 through 2009.';

(6) in the first sentence of subsection (f), by striking `2003' and inserting `2009';

(7) in subsection (h)--

(A) by striking `Limitations on obligations imposed by subsection (a)' and inserting the following:

`(1) FISCAL YEARS 1998 THROUGH 2003- Limitations on obligations imposed by paragraphs (1) through (6) of subsection (a)'; and

(B) by adding at the end the following:

`(2) FISCAL YEARS 2004 THROUGH 2009-

`(A) IN GENERAL- Limitations on obligations imposed by paragraphs (7) through (12) of subsection (a) for a fiscal year shall be increased by an amount equal to the amount of any increase for the fiscal year determined under section 4(b)(5) of the Maximum Economic Growth for America Through Highway Funding Act.

`(B) DISTRIBUTION OF INCREASES- Any increase under subparagraph (A) shall be distributed in accordance with this section.'; and

(8) in subsection (i)--

(A) in paragraph (5), by striking `and' at the end;

(B) in paragraph (6), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:

`(7) $450,000,000 for fiscal year 2004;

`(8) $470,000,000 for fiscal year 2005;

`(9) $490,000,000 for fiscal year 2006;

`(10) $510,000,000 for fiscal year 2007;

`(11) $530,000,000 for fiscal year 2008; and

`(12) $550,000,000 for fiscal year 2009.'.

(b) DEDUCTION FOR ADMINISTRATIVE EXPENSES- Section 104(a)(1) of title 23, United States Code, is amended--

(1) by inserting `the lesser of' after `in an amount not to exceed';

(2) in subparagraph (A)--

(A) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; and

(B) by striking `(A) 1 1/6 percent' and inserting the following:

`(A) the sum of--

`(i) 1 1/6 percent';

(3) by striking `(B) one-third' and inserting the following:

`(ii) one-third';

(4) in subparagraph (A)(ii) (as so designated), by striking the period at the end and inserting `; or'; and

(5) by adding at the end the following:

`(B) the amount specified for the applicable fiscal year in section 1102(i) of the Transportation Equity Act for the 21st Century (23 U.S.C. 104 note; 112 Stat. 118) for use as described in subparagraph (A).'.

SEC. 4. RELIABLE HIGHWAY PROGRAM LEVELS; REVISIONS TO REVENUE ALIGNED BUDGET AUTHORITY.

(a) SENSE OF THE SENATE RELATING TO REFORM OF REVENUE ALIGNED BUDGET AUTHORITY-

(1) FINDINGS- The Senate finds that--

(A) the experience under the Transportation Equity Act for the 21st Century (112 Stat. 107) with respect to revenue aligned budget authority (referred to in this subsection as `RABA') has been that, while RABA has produced increases in highway program obligation levels in some fiscal years, RABA also--

(i) has allowed the balance in the Highway Trust Fund (other than the Mass Transit Account) to grow since the date of enactment of the Transportation Equity Act for the 21st Century;

(ii) does not provide a mechanism to allow that balance to be expended for the benefit of the public; and

(iii) has resulted in unexpectedly large annual differences, or estimated differences, in highway program obligation authority as compared with the levels specified in section 1102 of the Transportation Equity Act for the 21st Century (23 U.S.C. 104 note; 112 Stat. 115); and

(B) Congress has taken legislative action to reject the implementation of estimates that would have resulted in `negative' RABA.

(2) SENSE OF THE SENATE- It is the sense of the Senate that the provisions of budget legislation pertaining to the highway program should be amended--

(A) to improve predictability and stability in the levels of highway program obligation authority;

(B) to facilitate the expenditure of funds in the Highway Trust Fund (other than the Mass Transit Account); and

(C) to eliminate the possibility of reductions in the levels of highway program obligation authority being imposed automatically, so that any reductions are solely the prerogative of Congress.

(b) RELIABLE HIGHWAY PROGRAM LEVELS-

(1) IN GENERAL- Notwithstanding any other provision of law, no spending limits other than the spending limits specified in this subsection may be imposed, for any of fiscal years 2004 through 2009, on budget accounts or portions of budget accounts that are subject to the obligation limitations and the exemptions from obligation limitations that are specified in section 1102 of the Transportation Equity Act for the 21st Century (23 U.S.C. 104 note; 112 Stat. 115).

(2) AMOUNT OF OBLIGATION AUTHORITY- For each of fiscal years 2004 through 2009, the limitation on obligation authority for the budget accounts described in paragraph (1) shall be equal to the sum of--

(A) the limitation for that fiscal year specified in section 1102(a) of the Transportation Equity Act for the 21st Century;

(B) all amounts exempt from that limit under section 1102(b) of that Act; and

(C) the amount of any increase for the fiscal year under paragraph (5).

(3) OUTLAYS- For each of fiscal years 2004 through 2009, the limitation on outlays for the budget accounts described in paragraph (1) shall be the level of outlays necessary to accommodate outlays resulting from obligations for that fiscal year under paragraph (2) and obligations from prior fiscal years.

(4) ANNUAL REPORT ON ESTIMATED BALANCE IN HIGHWAY ACCOUNT- In the submission by the President of the budget of the United States Government under section 1105 of title 31, United States Code, for each of fiscal years 2005 through 2009, the President shall include an estimate of the balance that will be in the Highway Account of the Highway Trust Fund (as defined in section 9503(e)(5)(B) of the Internal Revenue Code of 1986) at the end of fiscal year 2009.

(5) INCREASE BASED ON FUND BALANCE-

(A) ESTIMATE FOR FISCAL YEAR 2005- In the submission by the President of the budget of the United States Government under section 1105 of title 31, United States Code, for fiscal year 2005, if the estimate described in paragraph (4) is that, but for this subparagraph, the balance in the Highway Account of the Highway Trust Fund at the end of fiscal year 2009 will be in excess of $7,000,000,000, the amount specified in section 1102(a)(8) of the Transportation Equity Act for the 21st Century shall be deemed to have been increased by an amount equal to 50 percent of the amount of the estimated excess.

(B) ESTIMATE FOR FISCAL YEAR 2006- In the submission by the President of the budget of the United States Government under section 1105 of title 31, United States Code, for fiscal year 2006, if the estimate described in paragraph (4) is that, but for this subparagraph, the balance in the Highway Account of the Highway Trust Fund at the end of fiscal year 2009 will be in excess of $6,500,000,000, the amount specified in section 1102(a)(9) of the Transportation Equity Act for the 21st Century shall be deemed to have been increased by an amount equal to 50 percent of the amount of the estimated excess.

(C) ESTIMATE FOR FISCAL YEAR 2007- In the submission by the President of the budget of the United States Government under section 1105 of title 31, United States Code, for fiscal year 2007, if the estimate described in paragraph (4) is that, but for this subparagraph, the balance in the Highway Account of the Highway Trust Fund at the end of fiscal year 2009 will be in excess of $6,000,000,000, the amount specified in section 1102(a)(10) of the Transportation Equity Act for the 21st Century shall be deemed to have been increased by an amount equal to 50 percent of the amount of the estimated excess.

(D) ESTIMATE FOR FISCAL YEAR 2008- In the submission by the President of the budget of the United States Government under section 1105 of title 31, United States Code, for fiscal year 2008, if the estimate described in paragraph (4) is that, but for this subparagraph, the balance in the Highway Account of the Highway Trust Fund at the end of fiscal year 2009 will be in excess of $5,500,000,000, the amount specified in section 1102(a)(11) of the Transportation Equity Act for the 21st Century shall be deemed to have been increased by an amount equal to 50 percent of the amount of the estimated excess.

(E) ESTIMATE FOR FISCAL YEAR 2009- In the submission by the President of the budget of the United States Government under section 1105 of title 31, United States Code, for fiscal year 2009, if the estimate described in paragraph (4) is that, but for this subparagraph, the balance in the Highway Account of the Highway Trust Fund at the end of fiscal year 2009 will be in excess of $5,000,000,000, the amount specified in section 1102(a)(12) of the Transportation Equity Act for the 21st Century shall be deemed to have been increased by an amount equal to the amount of the estimated excess.

(6) NO EFFECT ON BYRD RULE- Nothing in this subsection affects section 9503(d) of the Internal Revenue Code of 1986.

(c) SENSE OF THE SENATE SUPPORTING RELIABLE PROGRAM LEVELS IN ADDITIONAL BUDGET ACCOUNTS- It is the sense of the Senate that the Act reauthorizing highway, highway safety, and transit programs for fiscal years beginning with fiscal year 2004 should include, in addition to the budgetary protections for the highway program provided under subsection (b), appropriate budgetary protections for highway safety and transit programs.

(d) CONFORMING AMENDMENTS TO REVENUE ALIGNED BUDGET AUTHORITY- Section 110 of title 23, United States Code, is amended--

(1) in subsection (a)--

(A) in paragraph (1)--

(i) by inserting `FOR FISCAL YEARS 2000 THROUGH 2003' after `ALLOCATION'; and

(ii) by striking `fiscal year 2000 and each fiscal year thereafter' and inserting `each of fiscal years 2000 through 2003';

(B) in paragraph (2)--

(i) by inserting `FOR FISCAL YEARS 2001 THROUGH 2003' after `REDUCTION'; and

(ii) by striking `fiscal year 2000 or any fiscal year thereafter' and inserting `any of fiscal years 2000 through 2002'; and

(C) by adding at the end the following:

`(3) ALLOCATIONS FOR FISCAL YEARS 2005 THROUGH 2009- For any of fiscal years 2005 through 2009, if an increase is made to the level of obligation authority under section 4(b)(5) of the Maximum Economic Growth for America Through Highway Funding Act, the Secretary shall allocate for the fiscal year an amount equal to the amount of the increase.'; and

(2) in subsection (b)--

(A) in paragraph (1)(A)--

(i) by striking `for' the second place it appears; and

(ii) by inserting `(112 Stat. 107), the Maximum Economic Growth for America Through Highway Funding Act' after `21st Century';

(B) in paragraph (2), by striking `subsection (a)(1)' and inserting `paragraph (1) or (3) of subsection (a), as applicable,'; and

(C) in paragraph (4), by striking `subsection (a)(1)' and inserting `paragraph (1) or (3) of subsection (a), as applicable,'.

SEC. 5. ASSISTANCE IN OVERCOMING ECONOMIC AND DEMOGRAPHIC BARRIERS.

(a) IN GENERAL- Title 23, United States Code, is amended by inserting after section 138 the following:

`Sec. 139. Assistance in overcoming economic and demographic barriers

`(a) DEFINITIONS- In this section:

`(1) HIGH-GROWTH STATE- The term `high-growth State' means a State that has a population according to the 2000 decennial census that is at least 25 percent greater than the population for the State according to the 1990 decennial census.

`(2) HIGH-POPULATION-DENSITY STATE- The term `high-population-density State' means a State in which the number of individuals per principal arterial mile is greater than 75 percent of the number of individuals per principal arterial mile in the 50 States and the District of Columbia, as determined using population according to the 2000 decennial census.

`(3) HIGHWAY STATISTICS-

`(A) IN GENERAL- The term `Highway Statistics' means the Highway Statistics published by the Federal Highway Administration for the most recent calendar or fiscal year for which data are available, which most recent calendar or fiscal year shall be determined as of the first day of the fiscal year for which any calculation using the Highway Statistics is made.

`(B) TERMS- Any reference to a term that is used in the Highway Statistics is a reference to the term as used in the Highway Statistics as of September 30, 2002.

`(4) LOW-INCOME STATE- The term `low-income State' means a State that, according to Table PS-1 of the Highway Statistics, has a per capita income that is less than the national average per capita income.

`(5) LOW-POPULATION-DENSITY STATE- The term `low-population-density State' means a State in which the number of individuals per principal arterial mile is less than 75 percent of the number of individuals per principal arterial mile in the 50 States and the District of Columbia, as determined using population according to the 2000 decennial census.

`(6) NATIONAL AVERAGE PER CAPITA INCOME- The term `national average per capita income' means the average per capita income for the 50 States and the District of Columbia, as specified in the Highway Statistics.

`(7) PRINCIPAL ARTERIAL MILES- The term `principal arterial miles', with respect to a State, means the principal arterial miles (including Interstate and other expressway or freeway system miles) in the State, as specified in Table HM-20 of the Highway Statistics.

`(8) STATE- The term `State' means each of the 50 States.

`(9) STATE WITH EXTENSIVE ROAD OWNERSHIP- The term `State with extensive road ownership' means a State that owns more than 80 percent of the total Federal-aid and non-Federal-aid mileage in the State according to Table HM-14 of the Highway Statistics.

`(b) ESTABLISHMENT- There is established a program to assist States that face certain economic and demographic barriers in meeting transportation needs.

`(c) ALLOCATION OF FUNDS- For each of fiscal years 2004 through 2009, funds made available to carry out this section shall be allocated as follows:

`(1) LOW-INCOME STATES- For each fiscal year, each low-income State shall receive an allocation under this paragraph that is equal to the product obtained by multiplying--

`(A) $600,000,000; and

`(B) the ratio that--

`(i) the difference between--

`(I) the national average per capita income; and

`(II) the per capita income of the low-income State; bears to

`(ii) the sum of the differences determined under clause (i) for all low-income States.

`(2) HIGH-GROWTH STATES- For each fiscal year, each high-growth State shall receive an allocation under this paragraph that is equal to the product obtained by multiplying--

`(A) $75,000,000; and

`(B) the ratio that--

`(i) the percentage by which the population of the high-growth State according to the 2000 decennial census exceeds the population of the high-growth State according to the 1990 decennial census; bears to

`(ii) the sum of the percentages determined under clause (i) for all high-growth States.

`(3) LOW-POPULATION-DENSITY STATES-

`(A) IN GENERAL- Subject to subparagraph (B), for each fiscal year, each low-population-density State shall receive an allocation under this paragraph that is equal to the product obtained by multiplying--

`(i) $625,000,000; and

`(ii) the ratio that--

`(I) the quotient obtained by dividing--

`(aa) the number of principal arterial miles in the State; by

`(bb) the population of the low-population-density State according to the 2000 decennial census; bears to

`(II) the sum of the quotients determined under subclause (I) for all low-population-density States.

`(B) MAXIMUM ALLOCATION-

`(i) IN GENERAL- If the allocation for a low-population-density State under subparagraph (A) is greater than $35,000,000, the allocation of the low-population-density State shall be reduced to $35,000,000.

`(ii) USE OF EXCESS ALLOCATIONS-

`(I) REALLOCATION- Subject to subclause (II), the funds in addition to the $35,000,000 that would have been allocated to a low-population-density State but for clause (i) shall be reallocated among the low-population-density States that were allocated less than $35,000,000 under subparagraph (A) in accordance with the proportionate shares of those low-population-density States under subparagraph (A).

`(II) ADDITIONAL REALLOCATIONS- If a reallocation under subclause (I) would result in the receipt by any low-population-density State of an amount greater than $35,000,000 under this paragraph--

`(aa) the allocation for the low-population-density State shall be reduced to $35,000,000; and

`(bb) the amounts in excess of $35,000,000 shall be subject to 1 or more further reallocations in accordance with that subclause so that no low-population-density State is allocated more than $35,000,000 under this paragraph.

`(4) HIGH-POPULATION-DENSITY STATES-

`(A) IN GENERAL- Subject to subparagraph (B), for each fiscal year, each high-population-density State shall receive an allocation under this paragraph that is equal to the product obtained by multiplying--

`(i) $625,000,000; and

`(ii) the ratio that--

`(I) the quotient obtained by dividing--

`(aa) the population of the high-population-density State according to the 2000 decennial census; by

`(bb) the number of principal arterial miles in the State; bears to

`(II) the sum of the quotients determined under subclause (I) for all high-population-density States.

`(B) MAXIMUM ALLOCATION-

`(i) IN GENERAL- If the allocation for a high-population-density State under subparagraph (A) is greater than $35,000,000, the allocation of the high-population-density State shall be reduced to $35,000,000.

`(ii) USE OF EXCESS ALLOCATIONS-

`(I) REALLOCATION- Subject to subclause (II), the funds in addition to the $35,000,000 that would have been allocated to a high-population-density State but for clause (i) shall be reallocated among the high-population-density States that were allocated less than $35,000,000 under subparagraph (A) in accordance with the proportionate shares of those high-population-density States under subparagraph (A).

`(II) ADDITIONAL REALLOCATIONS- If a reallocation under subclause (I) would result in the receipt by any high-population-density State of an amount greater than $35,000,000 under this paragraph--

`(aa) the allocation for the high-population-density State shall be reduced to $35,000,000; and

`(bb) the amounts in excess of $35,000,000 shall be subject to 1 or more further reallocations in accordance with that subclause so that no high-population-density State is allocated more than $35,000,000 under this paragraph.

`(5) STATES WITH EXTENSIVE ROAD OWNERSHIP- For each fiscal year, each State with extensive road ownership shall receive an allocation under this paragraph that is equal to the product obtained by multiplying--

`(A) $75,000,000; and

`(B) the ratio that--

`(i) the total Federal-aid and non-Federal-aid mileage owned by each State with extensive road ownership according to Table HM-14 of the Highway Statistics; bears to

`(ii) the sum of the mileages determined under clause (i) for all States with extensive road ownership.

`(d) TREATMENT OF ALLOCATED FUNDS-

`(1) IN GENERAL- Subject to paragraph (2), funds allocated to a State under this section for a fiscal year shall be treated for program administrative purposes as if the funds--

`(A) were funds apportioned to the State under sections 104(b)(1), 104(b)(2), 104(b)(3), 104(b)(4), and 144; and

`(B) were apportioned to the State in the same ratio that the State is apportioned funds under the sections specified in subparagraph (A) for the fiscal year.

`(2) PROGRAM ADMINISTRATIVE PURPOSES- Program administrative purposes referred to in paragraph (1)--

`(A) include--

`(i) the Federal share;

`(ii) availability for obligation; and

`(iii) except as provided in subparagraph (B), applicability of deductions; and

`(B) exclude--

`(i) calculation of the minimum guarantee under section 105; and

`(ii) applicability of the deduction for the future strategic highway research program under section 104(m).'.

(b) CONFORMING AMENDMENT- The analysis for subchapter I of chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 138 the following:

`139. Assistance in overcoming economic and demographic barriers.'.

SEC. 6. EMERGENCY RELIEF.

Section 125 of title 23, United States Code, is amended--

(1) in subsection (c)(1), by striking `Not more than $100,000,000 is authorized to be obligated in any 1 fiscal year commencing after September 30, 1980,' and inserting `Not more than $100,000,000 is authorized to be obligated in any of fiscal years 1981 through 2003, and not more than

$200,000,000 is authorized to be obligated in fiscal year 2004 or any fiscal year thereafter,'; and

(2) by adding at the end the following:

`(g) PROTECTION OF HIGHWAY TRUST FUND- Effective beginning on the earlier of October 1, 2003, or the date of enactment of this subsection, notwithstanding any other provision of law, if an Act is enacted that provides for an amount in excess of $200,000,000 for any fiscal year for the emergency fund authorized by this section (including any Act that states that provision of that amount in excess of $200,000,000 is `notwithstanding any other provision of law'), that Act shall be applied so that all funds for that fiscal year for the program established by this section in excess of $200,000,000--

`(1) shall be derived from the general fund of the Treasury, and not from the Highway Trust Fund (other than the Mass Transit Account); but

`(2) shall be administered by the Secretary in all other respects as if the funds were appropriated from the Highway Trust Fund (other than the Mass Transit Account).'.

SEC. 7. INCREASED STABILITY OF DISTRIBUTION UNDER ALLOCATION PROGRAMS.

(a) NATIONAL CORRIDOR PLANNING AND DEVELOPMENT PROGRAM- Section 1118 of the Transportation Equity Act for the 21st Century (23 U.S.C. 101 note; 112 Stat. 161) is amended--

(1) by redesignating subsection (g) as subsection (h); and

(2) by inserting after subsection (f) the following:

`(g) MINIMUM ALLOCATIONS TO BORDER STATES- Notwithstanding any other provision of law, in allocating funds under this section for fiscal year 2004 and each fiscal year thereafter, the Secretary shall ensure that not less than 2 percent of the funds made available to carry out the program under this section are allocated to each border State (as defined in section 1119(e)).'.

(b) COORDINATED BORDER INFRASTRUCTURE PROGRAM- Section 1119 of the Transportation Equity Act for the 21st Century (23 U.S.C. 101 note; 112 Stat. 163) is amended--

(1) by redesignating subsection (e) as subsection (f); and

(2) by inserting after subsection (d) the following:

`(e) MINIMUM ALLOCATIONS TO BORDER STATES- Notwithstanding any other provision of law, in allocating funds under this section for fiscal year 2004 and each fiscal year thereafter, the Secretary shall ensure that not less than 2 percent of the funds made available to carry out the program under this section are allocated to each border State.'.

(c) TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PILOT PROGRAM- Section 1221 of the Transportation Equity Act for the 21st Century (23 U.S.C. 101 note; 112 Stat. 221) is amended by adding at the end the following:

`(f) MINIMUM ALLOCATIONS TO STATES- Notwithstanding any other provision of law, in allocating funds made available under this section for fiscal year 2004 and each fiscal year thereafter, the Secretary shall ensure that the total of the allocations to each State (including allocations to the metropolitan planning organizations and local governments in the State) under this section is not less than the product obtained by multiplying--

`(1) 50 percent of the percentage specified for the State in section 105 of title 23, United States Code, for the fiscal year; and

`(2) the total amount of funds made available to carry out this section for the fiscal year.'.

(d) MINIMUM ALLOCATIONS TO STATES FOR ITS DEPLOYMENT-

(1) IN GENERAL- Notwithstanding any other provision of law, for fiscal year 2004 and each fiscal year thereafter, in allocating funds made available under section 2(f)(6), the Secretary shall ensure that the total of the allocations to each State using those funds is not less than the product obtained by multiplying--

(A) 50 percent of the percentage specified for the State in section 105 of title 23, United States Code, for the fiscal year; and

(B) the total amount of funds made available under section 2(f)(6).

(2) USE OF FUNDS FOR BOTH TYPES OF PROJECTS- In administering funds available for allocation under section 2(f)(6), the Secretary shall encourage States to carry out both--

(A) projects eligible under section 5208 of the Transportation Equity Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 458); and

(B) projects eligible under section 5209 of that Act.

SEC. 8. HISTORIC PARK ROADS AND PARKWAYS.

(a) IN GENERAL- Section 202(c) of title 23, United States Code, is amended--

(1) by striking `(c) On' and inserting the following:

`(c) PARK ROADS AND PARKWAYS-

`(1) IN GENERAL- On'; and

(2) by adding at the end the following:

`(2) HISTORIC PARK ROADS AND PARKWAYS-

`(A) DEFINITIONS- In this paragraph:

`(i) NATIONAL PARK- The term `national park' means an area of land or water administered by the National Park Service that is designated as a national park.

`(ii) RECREATION VISIT- The term `recreation visit' means the entry into a national park for a recreational purpose of an individual who is not--

`(I) an employee of the Federal Government, or other individual, who has business in the national park;

`(II) an individual passing through the national park for a purpose other than visiting the national park; or

`(III) an individual residing in the national park.

`(iii) RECREATION VISITOR DAY- The term `recreation visitor day' means a

period of 12 hours spent in a national park by an individual making a recreation visit to the national park.

`(B) ALLOCATION- Notwithstanding paragraph (1), for fiscal year 2004 and each fiscal year thereafter, the first $100,000,000 authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) for park roads and parkways for the fiscal year shall be allocated for projects to reconstruct, rehabilitate, restore, resurface, or improve to applicable safety standards any highway that meets the criteria specified in subparagraph (C).

`(C) ELIGIBILITY CRITERIA- The criteria referred to in subparagraph (B) are that--

`(i) the highway provides access to or is located in a national park;

`(ii) the highway was initially constructed before 1940; and

`(iii) as determined using data provided by the National Park Service averaged over the 3 most recent years for which the data are available, the national park to which the highway provides access or in which the highway is located is used more than 1,000,000 recreation visitor days per year.

`(D) PRIORITY- In funding projects eligible under subparagraphs (B) and (C), the Secretary shall give priority to any project on a highway that is located in or provides access to a national park that--

`(i) is adjacent to a national park of a foreign country; or

`(ii) is located in more than 1 State.

`(E) FEDERAL-STATE COOPERATION IN PROJECT DEVELOPMENT- Projects to be carried out under this paragraph shall be developed cooperatively by the Secretary and the State in which a national park is located.

`(F) SUPPORT BY THE SECRETARY- The Secretary shall provide the maximum feasible support to ensure prompt development and implementation of projects under this paragraph.

`(G) RESERVATION OF FUNDS FOR PROJECTS OUTSIDE NATIONAL PARKS-

`(i) IN GENERAL- For each fiscal year, not less than 40 percent of the funds allocated under this paragraph shall be used for projects described in subparagraph (B) on highways that are located outside national parks but provide access to national parks.

`(ii) USE OF EXCESS FUNDS- If the Secretary determines that funds set aside under clause (i) are in excess of the needs for reconstruction, rehabilitation, restoration, resurfacing, or improvement of the highways described in that clause, the funds set aside under that clause may be used for transit projects that serve national parks with highways (including access highways) that meet the criteria specified in subparagraph (C).

`(H) AVAILABILITY OF AMOUNTS- Funds allocated under this paragraph shall remain available until expended.

`(I) RELATIONSHIP TO OTHER LAW- Nothing in this paragraph reduces the eligibility or priority of a project under any other provision of this title or other law.'.

(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out projects that--

(1) are eligible for funding under section 202(c)(2) of title 23, United States Code; but

(2) are not fully funded from funds made available under paragraph (1) or (2) of section 202(c) of that title.

SEC. 9. COOPERATIVE FEDERAL LANDS TRANSPORTATION PROGRAM.

(a) IN GENERAL- Chapter 2 of title 23, United States Code, is amended by inserting after section 206 the following:

`Sec. 207. Cooperative Federal lands transportation program

`(a) IN GENERAL-

`(1) ESTABLISHMENT- There is established the cooperative Federal lands transportation program (referred to in this section as the `program').

`(2) PROJECTS-

`(A) LOCATIONS- Funds available for the program under subsection (d) may be used for projects, or portions of projects, on highways that--

`(i) are owned or maintained by States or political subdivisions of States; and

`(ii) cross, are adjacent to, or lead to federally owned land or Indian reservations (including Corps of Engineers reservoirs), as determined by the State.

`(B) SELECTION- The projects shall be selected by a State after consultation with the Secretary and each affected local or tribal government.

`(C) TYPES OF PROJECTS- A project selected by a State under this section--

`(i) shall be on a highway or bridge owned or maintained by the State or 1 or more political subdivisions of the State; and

`(ii) may be--

`(I) a highway or bridge construction or maintenance project eligible under this title; or

`(II) any eligible project under section 204(h).

`(b) DISTRIBUTION OF FUNDS FOR PROJECTS-

`(1) IN GENERAL-

`(A) DETERMINATIONS BY THE SECRETARY- The Secretary--

`(i) after consultation with the Administrator of General Services, the Secretary of the Interior, and the heads of other agencies as appropriate (including the Chief of Engineers), shall determine the percentage of the total land in each State that is owned by the Federal Government or that is held by the Federal Government in trust;

`(ii) shall determine the sum of the percentages determined under clause (i) for States with respect to which the percentage is 4.5 or greater; and

`(iii) shall determine for each State included in the determination under clause (ii) the percentage obtained by dividing--

`(I) the percentage for the State determined under clause (i); by

`(II) the sum determined under clause (ii).

`(B) ADJUSTMENT- The Secretary shall--

`(i) reduce any percentage determined under subparagraph (A)(iii) that is greater than 7.5 percent to 7.5 percent; and

`(ii) redistribute the percentage points equal to any reduction under clause (i) among other States included in the determination under subparagraph (A)(ii) in proportion to the percentages for those States determined under subparagraph (A)(iii).

`(2) AVAILABILITY TO STATES- For each fiscal year, the Secretary shall make funds available to carry out eligible projects in a State in an amount equal to the amount obtained by multiplying--

`(A) the percentage for the State, if any, determined under paragraph (1); by

`(B) the funds made available for the program under subsection (d) for the fiscal year.

`(c) TRANSFERS- Notwithstanding any other provision of law, a State and the Secretary may agree to transfer amounts made available to a State under this section to the allocations of the State under section 202 for use in carrying out projects on any Federal lands highway that is located in the State.

`(d) FUNDING-

`(1) IN GENERAL- Notwithstanding section 202 or any other provision of law, for fiscal year 2004 and each fiscal year thereafter, the Secretary shall transfer for use in accordance with this section an amount equal to 50 percent of the funds that would otherwise be allocated for the fiscal year under the first sentence of section 202(b).

`(2) CONTRACT AUTHORITY- Funds transferred for use in accordance with this section shall be available for obligation in the same manner as if the funds were apportioned under chapter 1.'.

(b) CONFORMING AMENDMENT- The analysis for chapter 2 of title 23, United States Code, is amended by striking the item relating to section 207 and inserting the following:

`207. Cooperative Federal lands transportation program.'.

SEC. 10. MISCELLANEOUS PROGRAM IMPROVEMENTS.

(a) FEDERAL SHARE-

(1) IN GENERAL- Section 120 of title 23, United States Code, is amended--

(A) in subsection (b), by striking `the percentage that the area of all such lands in such State' each place it appears and inserting `twice the percentage that the area of all such lands in the State';

(B) in subsection (f)--

(i) by striking `and with the Department of the Interior' and inserting `, the Department of the Interior, and the Department of Agriculture'; and

(ii) by striking `and national parks and monuments under the jurisdiction of the Department of the Interior' and inserting `, national parks, national monuments, and national forests under the jurisdiction of the Department of the Interior or the Department of Agriculture'; and

(C) by adding at the end the following:

`(m) MULTISTATE WEIGHT ENFORCEMENT IMPROVEMENTS- The Federal share of the cost of any project described in section 101(a)(3)(H) shall be 100 percent if the project is to be used, or is carried out jointly, by more than 1 State.'.

(2) HIGH PRIORITY PROJECTS PROGRAM- Section 117(c) of title 23, United States Code, is amended by striking `80 percent' and inserting `the share applicable under section 120(b)'.

(3) HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION PROGRAM- Section 144 of title 23, United States Code, is amended by striking subsection (f).

(4) NATIONAL SCENIC BYWAYS PROGRAM- Section 162(f) of title 23, United States Code, is amended by striking `80 percent' and inserting `the share applicable under section 120(b)'.

(5) STATE PLANNING AND RESEARCH- Section 505(c) of title 23, United States Code, is amended by striking `80 percent' and inserting `the share applicable under section 120(b),'.

(6) INTELLIGENT TRANSPORTATION SYSTEM INTEGRATION PROGRAM- Section 5208 of the Transportation Equity Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 458) is amended by striking subsection (f) and inserting the following:

`(f) FEDERAL SHARE- The Federal share of the cost of a project payable from funds made available to carry out this section shall be the share applicable under section 120(b) of title 23, United States Code.'.

(7) COMMERCIAL VEHICLE INTELLIGENT TRANSPORTATION SYSTEM INFRASTRUCTURE DEPLOYMENT- Section 5209 of the Transportation Equity Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 461) is amended by striking subsection (e) and inserting the following:

`(e) FEDERAL SHARE- The Federal share of the cost of a project payable from funds made available to

carry out this section shall be the share applicable under section 120(b) of title 23, United States Code.'.

(b) INCREASED FLEXIBILITY IN ADDRESSING RAILWAY-HIGHWAY CROSSINGS- Section 130(e) of title 23, United States Code, is amended by striking the first sentence and inserting the following: `Funds authorized for or expended under this section may be used for installation of protective devices at railway-highway crossings.'.

(c) FLEXIBILITY IN IMPROVING AIR QUALITY- Section 149(c) of title 23, United States Code, is amended--

(1) in paragraph (1), by striking `for any project eligible under the surface transportation program under section 133.' and inserting the following: `for any project in the State that--

`(A) would be eligible under this section if the project were carried out in a nonattainment or maintenance area; or

`(B) is eligible under the surface transportation program under section 133.'; and

(2) in paragraph (2), by striking `for any project in the State eligible under section 133.' and inserting the following: `for any project in the State that--

`(A) would be eligible under this section if the project were carried out in a nonattainment or maintenance area; or

`(B) is eligible under the surface transportation program under section 133.'.

(d) BROADENED TIFIA ELIGIBILITY- Section 182(a)(3) of title 23, United States Code, is amended--

(1) in subparagraph (A)(i), by striking `$100,000,000' and inserting `$25,000,000';

(2) by striking `PROJECT COSTS' and all that follows through `to be eligible' and inserting the following: `PROJECT COSTS- To be eligible';

(3) by striking subparagraph (B); and

(4) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately.

(e) STATE ROLE IN SELECTION OF FOREST HIGHWAY PROJECTS- Section 204(a) of title 23, United States Code, is amended by adding at the end the following:

`(7) STATE ROLE IN SELECTION OF FOREST HIGHWAY PROJECTS- Notwithstanding any other provision of this title, no forest highway project may be carried out in a State under this chapter unless the State concurs in the selection of the project.'.

(f) HISTORIC BRIDGE ELIGIBILITY- Section 144(o) of title 23, United States Code, is amended--

(1) in paragraph (3), by inserting `200 percent of' after `shall not exceed'; and

(2) in paragraph (4)--

(A) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately;

(B) by striking `Any State' and inserting the following:

`(A) IN GENERAL- Any State';

(C) in the second sentence--

(i) by striking `Costs incurred' and inserting the following:

`(B) ELIGIBILITY AS REIMBURSABLE PROJECT COSTS-

`(i) IN GENERAL- Costs incurred'; and

(ii) by inserting `200 percent of' after `not to exceed'; and

(D) by striking the third sentence and inserting the following:

`(ii) AMOUNT- If a State elects to use funds apportioned under this section to support the relocation of a historic bridge, the eligible reimbursable project costs shall be equal to the greater of the Federal share that would be available for the construction of a new bicycle or pedestrian bridge or 200 percent of the cost of demolition of the historic bridge.

`(iii) EFFECT- Nothing in clause (ii) creates an obligation on the part of a State to preserve a historic bridge.'.

SEC. 11. MISCELLANEOUS PROGRAM EXTENSIONS AND TECHNICAL AMENDMENTS.

(a) RAILWAY-HIGHWAY CROSSING HAZARD ELIMINATION- Section 104(d)(2)(A) of title 23, United States Code, is amended by striking `for a fiscal year' and inserting `for each of fiscal years 1998 through 2003'.

(b) MINIMUM GUARANTEE- Section 105 of title 23, United States Code, is amended in subsections (a), (d), and (f) by striking `2003' each place it appears and inserting `2009'.

(c) HIGH PRIORITY PROJECTS PROGRAM- Section 117 of title 23, United States Code, is amended--

(1) in subsection (a)--

(A) by striking `The Secretary' and inserting the following:

`(1) IN GENERAL- The Secretary';

(B) by striking `Of amounts made available to carry out this section,' and inserting the following:

`(2) AVAILABILITY OF FUNDS FOR FISCAL YEARS 1998 THROUGH 2003- Of the funds made available to carry out this section for each of fiscal years 1998 through 2003,'; and

(C) by adding at the end the following:

`(3) AVAILABILITY OF FUNDS FOR FISCAL YEARS 2004 THROUGH 2009-

`(A) IN GENERAL- For each of fiscal years 2004 through 2009, the Secretary shall allocate the funds made available to carry out this section to each of the 50 States and the District of Columbia in accordance with the percentage specified for each such State and the District of Columbia under section 105.

`(B) USE OF FUNDS- Funds allocated in accordance with subparagraph (A) may be used for any project eligible under this chapter that is designated by the State transportation department as a high priority project.'; and

(2) in subsection (b), by striking `For' and inserting `With respect to funds made available to carry out this section for each of fiscal years 1998 through 2003, for'.

(d) HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION PROGRAM- Section 144(g)(1) of title 23, United States Code, is amended by adding at the end the following:

`(D) FISCAL YEARS 2004 THROUGH 2009- Of the amounts authorized to be appropriated to carry out the bridge program under this section for each of fiscal years 2004 through 2009, all but $100,000,000 shall be apportioned as provided in subsection (e). That $100,000,000 shall be available at the discretion of the Secretary.'.

(e) DISADVANTAGED BUSINESS ENTERPRISES- Section 1101(b)(1) of the Transportation Equity Act for the 21st Century (23 U.S.C. 101 note; 112 Stat. 113) is amended by striking `of this Act' and inserting `of this Act and the Maximum Economic Growth for America Through Highway Funding Act'.

(f) PUERTO RICO HIGHWAY PROGRAM- Section 1214(r)(1) of the Transportation Equity Act for the 21st Century (112 Stat. 209) is amended by inserting `, and funds authorized by section 2(b)(7) of the Maximum Economic Growth for America Through Highway Funding Act for each of fiscal years 2004 through 2009,' after `2003'.

SEC. 12. EFFECTIVE DATE.

Except as otherwise provided, this Act and the amendments made by this Act take effect on October 1, 2003.

END