PUBLIC LAW 105-178-JUNE 9, 1998 112 STAT. 219 "(B) NONCONTRACT AUTHORITY AUTHORIZATION OF APPROPRIATIONS.— "(i) IN GENERAL. —There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $200,000,000 for each of fiscal years 2000 and 2001, $250,000,000 for fiscal year 2002, and $300,000,000 for fiscal year 2003. "(ii) AVAILABILITY.—Notwithstanding section 118(a), funds made available under clause (i) shall not be available in advance of an annual appropriation. "(2) AVAILABILITY OF FUNDS. — Funds made available under paragraph (1) shall remain available until expended. "(3) OTHER FEDERAL FUNDS. — Notwithstanding any other provision of law, funds made available to a State to carry out the surface transportation program under section 133 and the congestion mitigation and air quality improvement program under section 149 may be used by the State to pay a portion of the full project costs of an eligible project selected under this section, without requirement for non-Federal funds. "(4) OTHER ASSISTANCE.— Notwithstanding any other provision of law, an eligible project selected under this section shall be eligible for other forms of financial assistance provided under this title and the Transportation Equity Act for the 21st Century, including loans, loan guarantees, and lines of credit.". (b) CONFORMING AMENDMENT.— The analysis for chapter 3 of title 23, United States Code, is amended by inserting after the item relating to section 321 the following: "322. Magnetic levitation transportation technology deployment program.". SEC. 1219. NATIONAL SCENIC BYWAYS PROGRAM. (a) IN GENERAL. — Chapter 1 of title 23, United States Code, is amended by adding at the end the following:
- § 162. National scenic byways program
" (a) DESIGNATION OF ROADS. — "(1) IN GENERAL.— The Secretary shall carry out a national scenic byways program that recognizes roads having outstanding scenic, historic, cultural, natural, recreational, and archaeological qualities by designating the roads as National Scenic Byways or Ail-American Roads. " (2) CRITERIA. —The Secretary shall designate roads to be recognized under the national scenic byways program in accordance with criteria developed by the Secretary. "(3) NOMINATION.— To be considered for the designation, a road must be nominated by a State or a Federal land management agency and must first be designated as a State scenic byway or, in the case of a road on Federal land, as a Federal land management agency b3rway. " (b) GRANTS AND TECHNICAL ASSISTANCE.— "(1) IN GENERAL.— The Secretary shall make grants and provide technical assistance to States to— "(A) implement projects on highways designated as National Scenic Byways or All-American Roads, or as State scenic byways; and "(B) plan, design, and develop a State scenic byway program.
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