[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2170 Introduced in House (IH)]

  1st Session
                                H. R. 2170

 To authorize the establishment of the Woodrow Wilson Memorial Bridge 
                   Authority, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 1995

 Mr. Moran (for himself, Mr. Wynn, Mr. Wolf, Mrs. Morella, Mr. Davis, 
  Ms. Norton, and Mr. Hoyer) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, and in 
    addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To authorize the establishment of the Woodrow Wilson Memorial Bridge 
                   Authority, 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 ``Woodrow Wilson Memorial Bridge Act 
of 1995''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) traffic congestion imposes serious economic burdens on 
        the metropolitan Washington, D.C., area, costing each commuter 
        an estimated $1,000 per year;
            (2) the volume of traffic in the metropolitan Washington, 
        D.C., area is expected to increase by more than 70 percent 
        between 1990 and 2020;
            (3) the deterioration of the Woodrow Wilson Memorial Bridge 
        and the growing population of the metropolitan Washington, 
        D.C., area contribute significantly to traffic congestion;
            (4) the Bridge serves as a vital link in the Interstate 
        System and in the Northeast corridor;
            (5) identifying alternative methods for maintaining this 
        vital link of the Interstate System is critical to addressing 
        the traffic congestion of the area;
            (6) the Bridge is--
                    (A) the only drawbridge in the metropolitan 
                Washington, D.C., area on the Interstate System;
                    (B) the only segment of the Capital Beltway with 
                only 6 lanes; and
                    (C) the only segment of the Capital Beltway with a 
                remaining expected life of less than 10 years;
            (7) the Bridge is the only part of the Interstate System 
        owned by the Federal Government;
            (8)(A) the Bridge was constructed by the Federal 
        Government;
            (B) prior to the date of enactment of this Act, the Federal 
        Government has contributed 100 percent of the cost of building 
        and rehabilitating the Bridge; and
            (C) the Federal Government has a continuing responsibility 
        to fund future costs associated with the upgrading of the 
        Interstate Route 95 crossing, including the rehabilitation and 
        reconstruction of the Bridge;
            (9) the Woodrow Wilson Bridge Coordination Committee, 
        established by the Federal Highway Administration and comprised 
        of representatives of Federal, State, and local governments, is 
        undertaking planning studies pertaining to the Bridge, 
        consistent with the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.) and other applicable Federal laws;
            (10) the transfer of ownership of the Bridge to a regional 
        entity under the terms and conditions described in this Act 
        would foster regional transportation planning efforts to 
        identify solutions to the growing problem of traffic congestion 
        on and around the Bridge;
            (11) any material change to the Bridge must take into 
        account the interests of nearby communities, the commuting 
        public, Federal, State, and local government organizations, and 
        other affected groups; and
            (12) a commission of congressional, State, and local 
        officials and transportation representatives has recommended to 
        the Secretary of Transportation that the Bridge be transferred 
        to an independent authority to be established by the Capital 
        Region jurisdictions.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to grant consent to the Commonwealth of Virginia, the 
        State of Maryland, and the District of Columbia to establish 
        the Woodrow Wilson Memorial Bridge Authority;
            (2) to authorize the transfer of ownership of the Woodrow 
        Wilson Memorial Bridge to the Authority for the purposes of 
        owning, constructing, maintaining, and operating a bridge or 
        tunnel or a bridge and tunnel project across the Potomac River; 
        and
            (3) to direct the Secretary of Transportation and the 
        Federal Highway Administration to continue working with the 
        parties which comprise the Woodrow Wilson Memorial Bridge 
        Coordination Committee to complete all environmental studies 
        and documentation, planning, and preliminary engineering and 
        design efforts, and related work, and to report back to 
        Congress by October 1, 1996, on the selected alternative, 
        implementation schedule, project costs, and a recommended 
        Federal share for the project.

SEC. 4. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Authority.--The term ``Authority'' means a non-Federal 
        entity or entities to be designated by an interstate compact 
        between Capital Region jurisdictions.
            (2) Board.--The term ``Board'' means the board of directors 
        of the Authority established under section 6.
            (3) Bridge.--The term ``Bridge'' means the Woodrow Wilson 
        Memorial Bridge across the Potomac River.
            (4) Capital region jurisdictions.--The term ``Capital 
        Region jurisdictions'' means--
                    (A) the Commonwealth of Virginia;
                    (B) the State of Maryland; and
                    (C) the District of Columbia.
            (5) Interstate system.--The term ``Interstate System'' 
        means the Dwight D. Eisenhower National System of Interstate 
        and Defense Highways designated under section 103(e) of title 
        23, United States Code.
            (6) Project.--The term ``Project'' means the upgrading of 
        the Interstate Route 95 Potomac River crossing, consistent with 
        the selected alternative to be determined by the Woodrow Wilson 
        Bridge Coordination Committee as provided under section 8, 
        possibly including--
                    (A) the rehabilitation or reconstruction of the 
                Bridge;
                    (B) the construction of a new bridge or tunnel in 
                the vicinity of the Bridge, including any work 
                necessary to provide rights-of-way for a rail or bus 
                transit facility, bus, or high occupancy vehicle lanes, 
                and work on Interstate Route 95 or other roadways 
                connected to the Bridge and new bridge or tunnel and 
                approaches thereto at a distance no greater than 5 
                miles from the Potomac River; or
                    (C) any building, improvement, addition, extension, 
                replacement, appurtenance, land, interest in land, 
                water right, air right, franchise, machinery, 
                equipment, furnishing, landscaping, easement, utility, 
                approach, roadway, or other facility necessary or 
                desirable in connection with or incidental to a 
                facility described in subparagraph (A) or (B).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (8) Signatory.--The term ``Signatory'' means any political 
        jurisdiction that enters into the compact that designates the 
        Authority.

SEC. 5. ESTABLISHMENT OF AUTHORITY.

    (a) Consent to Agreement.--Congress grants consent to the 
Commonwealth of Virginia, the State of Maryland, and the District of 
Columbia to enter into an interstate agreement or compact to establish 
the Authority and to designate the governance, powers, and duties of 
the Authority.
    (b) Establishment of Authority.--
            (1) In general.--On execution of the interstate agreement 
        or compact described in subsection (a), and an agreement 
        between the Secretary and the Signatories as to the Federal 
        share of the cost of the Project and the terms and conditions 
        related to the timing of the transfer of the Bridge to the 
        Authority as provided in section 7(c), the Authority shall be 
        considered to be established.
            (2) General powers.--The Authority shall be a body 
        corporate and politic, independent of all other bodies and 
        jurisdictions, having the powers and jurisdiction described in 
        this Act and such additional powers as are conferred on the 
        Authority by the Capital Region jurisdictions, to the extent 
        that the additional powers are consistent with this Act.
    (c) Purposes of Authority.--The Authority shall be established--
            (1) to assume ownership of the Bridge; and
            (2) to undertake the Project.

SEC. 6. GOVERNMENT OF AUTHORITY.

    (a) In General.--The Authority shall be governed in accordance with 
this section and with the terms of any interstate agreement or compact 
relating to the Authority that is consistent with this Act.
    (b) Board.--The Authority shall be governed by a board of directors 
consisting of not more than 12 members appointed by the Capital Region 
jurisdictions and 1 member appointed by the Secretary.
    (c) Qualifications.--At least 2 members of the Board shall be 
elected officials who represent the jurisdictions at each end of the 
Bridge crossing.
    (d) Failure to Appoint.--The failure of a Capital Region 
jurisdiction to appoint 1 or more members of the Board shall not impair 
the establishment of the Authority if the condition of the 
establishment described in section 5(b)(1) has been met.
    (e) Personal Liability of Members.--A member of the Board, 
including any nonvoting member, shall not be personally liable for--
            (1) any action taken in the capacity of the member as a 
        member of the Board; or
            (2) any note, bond, or other financial obligation of the 
        Authority.
    (f) Residency Requirement.--A member of the Board shall reside 
within a Capital Region jurisdiction.

SEC. 7. OWNERSHIP OF BRIDGE.

    (a) Conveyance by Secretary.--
            (1) In general.--After the Signatories enter into the 
        agreement described in subsection (c), the Secretary shall 
        convey all right, title, and interest of the Department of 
        Transportation in and to the Bridge to the Authority. Except as 
        provided in paragraph (2), upon conveyance by the Secretary, 
        the Authority shall accept the right, title, and interest in 
        and to the Bridge, and all duties and responsibilities 
        associated with the Bridge.
            (2) Interim responsibilities.--Until such time as the 
        Project is constructed and operational, the conveyance under 
        paragraph (1) shall in no way--
                    (A) relieve the Capital Region jurisdictions of the 
                sole and exclusive responsibility to maintain and 
                operate the Bridge; or
                    (B) relieve the Secretary of the responsibility to 
                rehabilitate the Bridge or to comply with the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.) and all other requirements applicable with 
                respect to the Bridge.
    (b) Conveyance by the Secretary of the Interior.--At the same time 
as the conveyance of the Bridge by the Secretary under subsection (a), 
the Secretary of the Interior shall transfer to the Authority all 
right, title, and interest of the Department of the Interior in and to 
such land under or adjacent to the Bridge as is necessary to carry out 
the Project. Upon conveyance by the Secretary of the Interior, the 
Authority shall accept the right, title, and interest in and to the 
land.
    (c) Agreement.--The agreement referred to in subsection (a) is an 
agreement between the Secretary and the Signatories as to the Federal 
share of the cost of the activities carried out as part of the Project.

SEC. 8. PROJECT PLANNING.

    The Secretary and the Administrator of the Federal Highway 
Administration shall--
            (1) continue working with the parties which comprise the 
        Woodrow Wilson Memorial Bridge Coordination Committee 
        (established and chaired by the Federal Highway Administration 
        and comprised of representatives of Federal, State, and local 
        governments) or with the Authority consistent with its mission 
        pursuant to the interstate agreement or compact referred to in 
        section 5 to complete, at the earliest possible date, 
        environmental studies and documentation, planning, preliminary 
        engineering efforts and related work, consistent with the 
        provisions of the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) and other applicable Federal laws;
            (2) on or before October 1, 1996, transmit to Congress a 
        report on--
                    (A) the selected alternative, implementation 
                schedule, and costs of the Project; and
                    (B) a recommended Federal share of the cost of the 
                Project.
In making a recommendation as to the Federal share under paragraph 
(2)(B), the Secretary, at a minimum, shall provide for a 100 percent 
Federal share with respect to the cost of the continuing rehabilitation 
of the Bridge prior to the completion of the Project and shall provide 
for a 100 percent Federal share with respect to the cost of planning, 
preliminary engineering, environmental studies and documentation, and 
final engineering for the Project.

SEC. 9. ADDITIONAL POWERS AND RESPONSIBILITIES OF AUTHORITY.

    In addition to the powers and responsibilities of the Authority 
under the other provisions of this Act and under any interstate 
agreement or compact relating to the Authority that is consistent with 
this Act, the Authority shall have all powers necessary and appropriate 
to carry out the duties of the Authority, including the power--
            (1) to adopt and amend any bylaw that is necessary for the 
        regulation of the affairs of the Authority and the conduct of 
        the business of the Authority;
            (2) to adopt and amend any regulation that is necessary to 
        carry out the powers of the Authority;
            (3) subject to section 7(a)(2), to plan, establish, 
        finance, operate, develop, construct, enlarge, maintain, equip, 
        or protect the facilities of the Project;
            (4) to employ, in the discretion of the Authority, a 
        consulting engineer, attorney, accountant, construction or 
        financial expert, superintendent, or manager, or such other 
        employee or agent as is necessary, and to fix the compensation 
        and benefits of the employee or agent, except that--
                    (A) an employee of the Authority shall not engage 
                in an activity described in section 7116(b)(7) of title 
                5, United States Code, with respect to the Authority; 
                and
                    (B) an employment agreement entered into by the 
                Authority shall contain an explicit prohibition against 
                an activity described in subparagraph (A) with respect 
                to the Authority by an employee covered by the 
                agreement;
            (5) to--
                    (A) acquire personal and real property (including 
                land lying under water and riparian rights), or any 
                easement or other interest in real property, by 
                purchase, lease, gift, transfer, or exchange; and
                    (B) exercise such powers of eminent domain in the 
                Capital Region jurisdictions as are conferred on the 
                Authority by the Signatories, in the exercise of the 
                powers and the performance of the duties of the 
                Authority;
            (6) to apply for and accept any property, material, 
        service, payment, appropriation, grant, gift, loan, advance, or 
        other fund that is transferred or made available to the 
        Authority by the Federal Government or by any other public or 
        private entity or individual;
            (7) to borrow money on a short-term basis and issue notes 
        of the Authority for the borrowing payable on such terms and 
        conditions as the Board considers advisable, and to issue bonds 
        in the discretion of the Authority for any purpose consistent 
        with this Act, which notes and bonds--
                    (A) shall not constitute a debt of the United 
                States, a Capital Region jurisdiction, or any political 
                subdivision of the United States or a Capital Region 
                jurisdiction;
                    (B) may be secured solely by the general revenues 
                of the Authority, or solely by the income and revenues 
                of the Bridge or a new crossing of the Potomac River 
                constructed as part of the Project; and
                    (C) shall be exempt as to principal and interest 
                from all taxation (except estate and gift taxes) by the 
                United States;
            (8) to fix, revise, charge, and collect any reasonable toll 
        or other charge;
            (9) to enter into any contract or agreement necessary or 
        appropriate to the performance of the duties of the Authority 
        or the proper operation of the Bridge or a new crossing of the 
        Potomac River constructed as part of the Project;
            (10) to make any payment necessary to reimburse a local 
        political subdivision having jurisdiction over an area where 
        the Bridge or a new crossing of the Potomac River is situated 
        for any extraordinary law enforcement cost incurred by the 
        subdivision in connection with the Authority facility;
            (11) to enter into partnerships or grant concessions 
        between the public and private sectors for the purpose of--
                    (A) financing, constructing, maintaining, 
                improving, or operating the Bridge or a new crossing of 
                the Potomac River constructed as part of the Project; 
                or
                    (B) fostering development of a new transportation 
                technology;
            (12) to obtain any necessary Federal authorization, permit, 
        or approval for the construction, repair, maintenance, or 
        operation of the Bridge or a new crossing of the Potomac River 
        constructed as part of the Project;
            (13) to adopt an official seal and alter the seal, as the 
        Board considers appropriate;
            (14) to appoint 1 or more advisory committees;
            (15) to sue and be sued in the name of the Authority; and
            (16) to carry out any activity necessary or appropriate to 
        the exercise of the powers or performance of the duties of the 
        Authority under this Act and under any interstate agreement or 
        compact relating to the Authority that is consistent with this 
        Act, if the activity is coordinated and consistent with the 
        transportation planning process implemented by the metropolitan 
        planning organization for the Washington, District of Columbia, 
        metropolitan area under section 134 of title 23, United States 
        Code, and section 5303 of title 49, United States Code.

SEC. 10. FUNDING.

    (a) Set-Aside.--Section 104 of title 23, United States Code, is 
amended--
            (1) in the first sentence of subsection (b), by striking 
        ``subsection (f) of this section'' and inserting ``subsections 
        (f) and (h) of this section'';
            (2) by redesignating subsection (h) as subsection (i); and
            (3) by inserting before subsection (i), as redesignated by 
        paragraph (2) of this subsection, the following:
    ``(h) Woodrow Wilson Memorial Bridge.--
            ``(1) Set-aside.--Before making an apportionment of funds 
        under subsection (b), the Secretary shall set aside $17,550,000 
        for fiscal year 1996 and $80,050,000 for fiscal year 1997 for 
        the rehabilitation of the Woodrow Wilson Memorial Bridge and 
        for the planning, preliminary design, engineering, and 
        acquisition of a right-of-way for, and construction of, a new 
        crossing of the Potomac River as part of the Project, as such 
        term is defined by section 4 of the Woodrow Wilson Memorial 
        Bridge Act of 1995.
            ``(2) Federal share; nonapplicability of obligation 
        limitations.--The Federal share of the cost of any project 
        funded with amounts set aside under paragraph (1) shall be 100 
        percent. Such amounts shall not be subject to any obligation 
        limitation.''.
    (b) Distribution of Obligation Authority.--Section 1002(e)(3) of 
the Intermodal Surface Transportation Efficiency Act of 1991 (Public 
Law 102-240; 23 U.S.C. 104 note) is amended by inserting before the 
period at the end the following: ``and section 104(h) of title 23, 
United States Code''.
    (c) Removal of ISTEA Authorization for Bridge Rehabilitation.--
Section 1069(i) of the Intermodal Surface Transportation Efficiency Act 
of 1991 (Public Law 102-240; 105 Stat. 2009) is repealed.

SEC. 11. AVAILABILITY OF PRIOR AUTHORIZATIONS.

    In addition to the funds made available under section 104(h) of 
title 23, United States Code, any funds made available before the date 
of the enactment of this Act for the rehabilitation of the Bridge under 
sections 1069(i) and 1103(b) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2009 and 2028) 
(as in effect prior to the amendment made by section 10(d)) shall 
continue to be available after the conveyance of the Bridge to the 
Authority under section 7(a), in accordance with the terms under which 
the funds were made available under such sections 1069(i) and 1103(b).
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HR 2170 IH----2