105 STAT. 1948 PUBLIC LAW 102-240—DEC. 18, 1991 "(G) before the time that the cost incurred by a State is approved for Federal participation, both the Secretary and the Administrator of the Environmental Protection Agency have concurred that the property acquired in advance of Federal approval or authorization did not influence the environmental assessment of the project, the decision relative to the need to construct the project, or the selection of the project design or location.". 23 USC 108 note. (c) PRESERVATION OF TRANSPORTATION CORRIDORS REPORT.— The Secretary, in consultation with the States, shall report to Congress within 2 years after the date of the enactment of this Act, a national list of the rights-of-way identified by the metropolitan planning organizations and the States (under sections 134 and 135 of title 23, United States Code), including the total mileage involved, an estimate of the total costs, and a strategy for preventing further loss of rights-of-way including the desirability of creating a transportation right-of-way land bank to preserve vital corridors. SEC. 1018. PRECONSTRUCTION ACTIVITIES. (a) LIMITATION ON ESTIMATES FOR CONSTRUCTION ENGINEERING.— Section 106(c) of title 23, United States Code, is amended to read as follows: "(c) LIMITATION ON ESTIMATES FOR CONSTRUCTION ENGINEERING. — Items included in all such estimates for construction engineering for a State for a fiscal year shall not exceed, in the aggregate, 15 percent of the total estimated costs of all projects financed within the boundaries of the State with Federal-aid highway funds in such fiscal year, after excluding from such total estimate costs, the estimated costs of rights-of-way, preliminary engineering, and construction engineering.". Qo) CONFORMING AMENDMENTS.— Section 121(d) of such title is amended— (1) by striking "120" and inserting "106(c), 120,"; and (2) by striking the last sentence. SEC. 1019. CONVICT PRODUCED MATERIALS. Section 114(b)(2) of title 23, United States Code, is amended by inserting "after July 1, 1991," after "Materials produced". SEC. 1020. PERIOD OF AVAILABILITY. (a:) DATE AND PERIOD OF AVAILABILITY; DISCRETIONARY PROJECTS.— Section 118 of title 23, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections: "(a) DATE AVAILABLE FOR OBLIGATION. — Except as otherwise specifically provided, authorizations from the Highway Trust Fund (other than the Mass Transit Account) to carry out this title shall be available for obligation on the date of their apportionment or allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first. "(b) PERIOD OF AVAILABILITY; DISCRETIONARY PROJECTS.— "(1) INTERSTATE CONSTRUCTION FUNDS. —Funds apportioned or allocated for Interstate construction in a State shall remain available for obligation in that State until the last day of the fiscal year in which they are apportioned or allocated. Sums not obligated by the last day of the fiscal year in which they are apportioned or allocated shall be allocated to other States, except Massachusetts, at the discretion of the Secretary. All
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