[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 440 Enrolled Bill (ENR)]
S.440
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
An Act
To amend title 23, United States Code, to provide for the designation of
the National Highway System, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Highway
System Designation Act of 1995''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.
TITLE I--NATIONAL HIGHWAY SYSTEM
Sec. 101. National highway system designation.
TITLE II--TRANSPORTATION FUNDING FLEXIBILITY
Sec. 201. Findings and purposes.
Sec. 202. Funding restoration.
Sec. 203. Rescissions.
Sec. 204. State unobligated balance flexibility.
Sec. 205. Relief from mandates.
Sec. 206. Definitions.
TITLE III--MISCELLANEOUS HIGHWAY PROVISIONS
Sec. 301. Traffic monitoring, management, and control on NHS.
Sec. 302. Transferability of apportionments.
Sec. 303. Quality improvement.
Sec. 304. Design criteria for the national highway system.
Sec. 305. Applicability of transportation conformity requirements.
Sec. 306. Motorist call boxes.
Sec. 307. Quality through competition.
Sec. 308. Limitation on advance construction.
Sec. 309. Preventive maintenance.
Sec. 310. Federal share.
Sec. 311. Eligibility of bond and other debt instrument financing for
reimbursement as construction expenses.
Sec. 312. Vehicle weight and longer combination vehicles exemptions.
Sec. 313. Toll roads.
Sec. 314. Scenic byways.
Sec. 315. Applicability of certain requirements to third party sellers.
Sec. 316. Streamlining for transportation enhancement projects.
Sec. 317. Metropolitan planning for highway projects.
Sec. 318. Non-Federal share for certain toll bridge projects.
Sec. 319. Congestion mitigation and air quality improvement program.
Sec. 320. Operation of motor vehicles by intoxicated minors.
Sec. 321. Utilization of the private sector for surveying and mapping
services.
Sec. 322. Donations of funds, materials, or services for federally
assisted projects.
Sec. 323. Discovery and admission as evidence of certain reports and
surveys.
Sec. 324. Alcohol-impaired driving countermeasures.
Sec. 325. References to Committee on Transportation and Infrastructure.
Sec. 326. Public transit vehicles exemption.
Sec. 327. Use of recycled paving material.
Sec. 328. Roadside barrier technology.
Sec. 329. Corrections to miscellaneous authorizations.
Sec. 330. Corrections to high cost bridge projects.
Sec. 331. Corrections to congestion relief projects.
Sec. 332. High priority corridors.
Sec. 333. Corrections to rural access projects.
Sec. 334. Corrections to urban access and mobility projects.
Sec. 335. Corrections to innovative projects.
Sec. 336. Corrections to intermodal projects.
Sec. 337. National recreational trails.
Sec. 338. Intelligent transportation systems.
Sec. 339. Eligibility.
Sec. 340. Miscellaneous corrections to Surface Transportation and
Uniform Relocation Assistance Act of 1987.
Sec. 341. Accessibility of over-the-road buses to individuals with
disabilities.
Sec. 342. Alcohol and controlled substances testing.
Sec. 343. National driver register.
Sec. 344. Commercial motor vehicle safety pilot program.
Sec. 345. Exemptions from requirements relating to commercial motor
vehicles and their operators.
Sec. 346. Winter home heating oil delivery State flexibility program.
Sec. 347. Safety report.
Sec. 348. Moratorium on certain emissions testing requirements.
Sec. 349. Roads on Federal lands.
Sec. 350. State infrastructure bank pilot program.
Sec. 351. Railroad-highway grade crossing safety.
Sec. 352. Collection of bridge tolls.
Sec. 353. Traffic control.
Sec. 354. Public use of rest areas.
Sec. 355. Safety belt use law requirements for New Hampshire and Maine.
Sec. 356. Orange County, California, toll roads.
Sec. 357. Compilation of title 23, United States Code.
Sec. 358. Safety research initiatives.
Sec. 359. Miscellaneous studies.
TITLE IV--WOODROW WILSON MEMORIAL BRIDGE
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Purposes.
Sec. 404. Definitions.
Sec. 405. Establishment of authority.
Sec. 406. Government of authority.
Sec. 407. Ownership of bridge.
Sec. 408. Project planning.
Sec. 409. Additional powers and responsibilities of authority.
Sec. 410. Funding.
Sec. 411. Availability of prior authorizations.
SEC. 2. SECRETARY DEFINED.
In this Act, the term ``Secretary'' means the Secretary of
Transportation.
TITLE I--NATIONAL HIGHWAY SYSTEM
SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNATION.
(a) In General.--Section 103(b) of title 23, United States Code, is
amended by adding at the end the following:
``(5) Designation of nhs.--The National Highway System as
submitted by the Secretary of Transportation on the map entitled
`Official Submission, National Highway System, Federal Highway
Administration', and dated November 13, 1995, is hereby designated
within the United States, including the District of Columbia and
the Commonwealth of Puerto Rico.
``(6) Modifications to nhs.--
``(A) In general.--Subject to paragraph (7), the Secretary
may make modifications to the National Highway System that are
proposed by a State or that are proposed by the State and
revised by the Secretary if the Secretary determines that each
of the modifications--
``(i) meets the criteria established for the National
Highway System under this title; and
``(ii) enhances the national transportation
characteristics of the National Highway System.
``(B) Cooperation.--In proposing modifications under this
paragraph, a State shall cooperate with local and regional
officials. In urbanized areas, the local officials shall act
through the metropolitan planning organizations designated for
such areas under section 134.
``(7) Transitional rules for intermodal connectors.--
``(A) Required submission.--Not later than 180 days after
the date of the enactment of the National Highway System
Designation Act of 1995, the Secretary shall submit for
approval to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives modifications to
the National Highway System that are proposed by a State or
that are proposed by the State and revised by the Secretary and
that consist of connectors to major ports, airports,
international border crossings, public transportation and
transit facilities, interstate bus terminals, and rail and
other intermodal transportation facilities.
``(B) Cooperation.--Paragraph (6)(B) shall apply to
modifications proposed by a State under this paragraph.
``(C) Eligibility.--
``(i) Initial approval by law.--Modifications proposed
under subparagraph (A) may take effect only if a law has
been enacted approving such modifications.
``(ii) Interim eligibility.--Notwithstanding clause
(i), a project to construct a connector to an intermodal
transportation facility described in subparagraph (A) shall
be eligible for funds apportioned under section 104(b)(1)
for the National Highway System if the Secretary finds that
the project is consistent with criteria developed by the
Secretary for construction of such connectors.
``(iii) Period of eligibility.--A project which is
eligible under clause (ii) for funds apportioned under
section 104(b)(1) shall remain eligible for such funds
pursuant to clause (ii) only until the date of the
enactment of a law described in clause (i).
``(D) Modifications after initial approval.--After the date
of the enactment of a law described in subparagraph (C)(i), a
modification consisting of a connector to an intermodal
transportation facility described in subparagraph (A) may be
made in accordance with paragraph (6).
``(8) Congressional high priority corridors.--Upon the
completion of feasibility studies, the Secretary shall add to the
National Highway System any congressional high priority corridor or
any segment thereof established by section 1105 of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 2031-2037)
which was not identified on the National Highway System designated
by paragraph (5).''.
(b) Conforming Amendments.--Section 103(b)(3) of such title is
amended--
(1) in subparagraph (C) by striking ``For purposes of proposing
highways for designation to the National Highway System, the'' and
inserting ``The''; and
(2) in subparagraph (D)--
(A) by striking ``In proposing highways for designation to
the National Highway System, the'' and inserting ``The''; and
(B) by inserting after ``mileage'' the following: ``on the
National Highway System''.
TITLE II--TRANSPORTATION FUNDING FLEXIBILITY
SEC. 201. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds and declares that--
(1) Federal infrastructure spending on transportation is
critical to the efficient movement of goods and people in the
United States;
(2) section 1003(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1921) has been estimated to
result in fiscal year 1996 transportation spending being reduced by
as much as $2,700,000,000;
(3) such section 1003(c) will result in a reduction of critical
funds to States from the Highway Trust Fund; and
(4) the funding reduction will have adverse effects on the
national economy and the predictability of funding for the Nation's
highway system and impede interstate commerce.
(b) Purposes.--The purposes of this title are--
(1) to make the program categories in the Federal-aid highway
program more flexible so that States may fund high-priority
projects in fiscal year 1996;
(2) to reallocate funds from certain programs during fiscal
year 1996 so that the States will be able to continue their core
transportation infrastructure programs;
(3) to ensure the equitable distribution of funds to urbanized
areas with a population over 200,000 in a manner consistent with
the Intermodal Surface Transportation Efficiency Act of 1991; and
(4) to suspend certain penalties that would be imposed on the
States.
SEC. 202. FUNDING RESTORATION.
(a) In General.--Not later than the 10th day following the date of
the enactment of this Act and on October 1, 1997, or as soon as
possible thereafter, the Secretary shall allocate among the States the
amounts made available, as a result of section 203, to carry out this
section for fiscal years 1996 and 1997, respectively, for projects
eligible for assistance under chapter 1 of title 23, United States
Code.
(b) Allocation Formula.--Funds made available to carry out this
section shall be allocated among the States in accordance with the
following table:
States:
Allocation Percentages
Alabama.......................................................
1.80
Alaska........................................................
1.20
Arizona.......................................................
1.43
Arkansas......................................................
1.42
California....................................................
9.17
Colorado......................................................
1.27
Connecticut...................................................
1.74
Delaware......................................................
0.39
District of Columbia..........................................
0.52
Florida.......................................................
4.04
Georgia.......................................................
2.92
Hawaii........................................................
0.54
Idaho.........................................................
0.70
Illinois......................................................
3.88
Indiana.......................................................
2.18
Iowa..........................................................
1.27
Kansas........................................................
1.13
Kentucky......................................................
1.53
Louisiana.....................................................
1.52
Maine.........................................................
0.65
Maryland......................................................
1.68
Massachusetts.................................................
4.11
Michigan......................................................
2.75
Minnesota.....................................................
1.69
Mississippi...................................................
1.11
Missouri......................................................
2.28
Montana.......................................................
0.93
Nebraska......................................................
0.79
Nevada........................................................
0.69
New Hampshire.................................................
0.48
New Jersey....................................................
2.86
New Mexico....................................................
1.02
New York......................................................
5.35
North Carolina................................................
2.62
North Dakota..................................................
0.64
Ohio..........................................................
3.64
Oklahoma......................................................
1.36
Oregon........................................................
1.23
Pennsylvania..................................................
4.93
Rhode Island..................................................
0.56
South Carolina................................................
1.42
South Dakota..................................................
0.69
Tennessee.....................................................
2.00
Texas.........................................................
6.21
Utah..........................................................
0.73
Vermont.......................................................
0.43
Virginia......................................................
2.28
Washington....................................................
2.05
West Virginia.................................................
1.15
Wisconsin.....................................................
1.90
Wyoming.......................................................
0.65
Puerto Rico...................................................
0.46
Territories...................................................
0.01.
(c) Effect of Allocations.--Funds distributed to States under
subsection (b) shall not affect calculations to determine allocations
to States under section 157 of title 23, United States Code, and
sections 1013(c), 1015(a), and 1015(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 104 note).
(d) Applicability of Chapter 1 of Title 23.--Notwithstanding any
other provision of law, funds made available to carry out this section
shall be available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States Code. Such
funds shall be available for obligation for the fiscal year for which
such amounts are made available plus the 3 succeeding fiscal years.
Obligation limitations for Federal-aid highways and highway safety
construction programs established by the Intermodal Surface
Transportation Efficiency Act of 1991 and subsequent laws shall apply
to obligations made under this section.
(e) Special Rule for Urbanized Areas of Over 200,000.--
(1) General rule.--The amount determined by application of the
percentage determined under paragraph (2) to funds allocated to a
State under this section for a fiscal year shall be obligated in
urbanized areas of the State with an urbanized population of over
200,000 under section 133(d)(3) of title 23, United States Code.
(2) Percentage.--The percentage referred to in paragraph (1) is
the percentage determined by dividing--
(A) the total amount of the reduction in funds that would
have been attributed under section 133(d)(3) of title 23,
United States Code, to urbanized areas of the State with an
urbanized population of over 200,000 for fiscal year 1996 as a
result of the application of section 1003(c) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 1921);
by
(B) the total amount of the reduction in authorized funds
for fiscal year 1996 that would have been allocated to the
State, and that would have been apportioned to the State, as a
result of the application of such section 1003(c).
(f) Limitation on Planning Expenditures.--One-half of 1 percent of
amounts allocated to each State under this section in any fiscal year
may be available for expenditure for the purpose of carrying out the
requirements of section 134 of title 23, United States Code (relating
to transportation planning). One and one-half percent of the amounts
allocated to each State under this section in any fiscal year may be
available for expenditure for the purpose of carrying out activities
referred to in section 307(c) of such title.
(g) Authorization of Appropriations.--There are authorized to be
appropriated, out of the Highway Trust Fund (other than the Mass
Transit Account), to carry out this section $266,522,436 for fiscal
year 1996 and $155,000,000 for fiscal year 1997. Such funds shall not
be subject to an administrative deduction under section 104(a) of title
23, United States Code.
(h) Territories Defined.--In this section, the term ``territories''
means the Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
SEC. 203. RESCISSIONS.
(a) Rescissions.--Effective on the date of the enactment of this
Act and after any necessary reductions are made under section 1003(c)
of the Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 1921), the following unobligated balances available on such date
of enactment, of funds made available for the following provisions are
hereby rescinded:
(1) $78,994 made available by section 131(c) of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2120).
(2) $798,701 made available by section 131(j) of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2123).
(3) $942,249 made available by section 149(a)(66) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 185).
(4) $52,834 made available by section 149(a)(95) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Stat. 195).
(5) $909,131 made available by section 149(a)(99) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 195).
(6) $797,800 made available by section 149(a)(100) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 195).
(7) $2 made available by section 149(c)(3) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Stat. 201).
(8) $24,706,878 made available by section 1012(b)(6) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
1938).
(9) $15,401,107 made available by section 1003(a)(7) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
1919).
(10) $113,834,740, or such greater amount as may be necessary
to ensure that the aggregate of amounts rescinded by this
subsection and amounts reduced by the amendments made by subsection
(b) is equal to the amount authorized to be appropriated by section
202(g) for fiscal year 1996, deducted by the Secretary under
section 104(a) of title 23, United States Code.
(b) Reductions in Authorized Amounts.--
(1) Magnetic levitation.--Section 1036(d)(1) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 1986) is
amended--
(A) in subparagraph (A) by inserting ``and'' after
``1994,'';
(B) in subparagraph (A) by striking ``, $125,000,000'' and
all that follows through ``1997''; and
(C) in subparagraph (B) by striking ``1996, and 1997'' and
inserting ``and 1996''.
(2) Highway safety programs.--Section 2005(1) of such Act (105
Stat. 2079) is amended--
(A) by striking ``and'' the first place it appears and
inserting a comma; and
(B) by striking ``1996, and 1997'' and inserting ``and
1996, and $146,000,000 for fiscal year 1997''.
(3) Effective date.--The amendments made by paragraphs (1) and
(2) shall take effect on the later of the date of the enactment of
this Act or as soon as possible after the date on which authorized
funds for fiscal year 1996 are reduced as a result of application
of section 1003(c) of such Act.
(c) Congestion Pricing Pilot Program Transfers.--After the date on
which authorized funds for fiscal year 1996 are reduced as a result of
application of section 1003(c) of the Intermodal Surface Transportation
Efficiency Act of 1991, the amounts made available for fiscal years
1996 and 1997 to carry out section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1938) shall be
available to carry out projects under section 202 of this Act.
SEC. 204. STATE UNOBLIGATED BALANCE FLEXIBILITY.
(a) Reduction in Federal Funding.--
(1) Notification of states.--On the date of the enactment of
this Act, or as soon as possible thereafter, the Secretary shall
notify each State of the total amount of the reduction in
authorized funds for fiscal year 1996 that would have been
allocated to such State, and that would have been apportioned to
such State, as a result of application of section 1003(c) of the
Intermodal Surface Transportation Efficiency Act of 1991.
(2) Exclusion of certain funding.--In determining the amount of
any reduction under paragraph (1), the Secretary shall deduct the
amount allocated to each State in fiscal year 1996 to carry out
projects under section 202 of this Act.
(b) Unobligated Balance Flexibility.--Upon request of a State, the
Secretary shall make available to carry out projects eligible for
assistance under chapter 1 of title 23, United States Code, in fiscal
year 1996 an amount not to exceed the amount determined under
subsection (a) for the State. Such funds shall be made available from
authorized funds that were allocated or apportioned to such State and
were not obligated as of September 30, 1995. The State shall designate
on or before the 30th day following the date of the enactment of this
Act, or as soon as possible thereafter, which of such authorized funds
are to be made available under this section to carry out such projects.
The Secretary shall make available, before the 45th day following such
date of enactment or as soon as possible thereafter, funds designated
under the preceding sentence to the State.
(c) Special Rules.--
(1) Urbanized areas of over 200,000.--Funds that were
apportioned to the State under section 104(b)(3) of title 23,
United States Code, and attributed to urbanized areas of a State
with an urbanized population of over 200,000 under section
133(d)(3) of such title may be designated by the State under
subsection (b) only if the metropolitan planning organization
designated for such area concurs, in writing, with such
designation.
(2) Congestion mitigation and air quality and surface
transportation program transportation enhancement activities
balances.--
(A) In general.--Except as provided in subparagraph (B),
States may not designate under subsection (b) CMAQ and STP
transportation enhancement funds.
(B) Exception for insufficient funding availability.--If
the Secretary determines--
(i) that there is not sufficient funding available to
pay the Federal share of the cost of a project in fiscal
year 1996 from funds apportioned or allocated to a State
under title 23, United States Code, and title I of the
Intermodal Surface Transportation Efficiency Act of 1991
and available for carrying out projects of the same
category as such project, and
(ii) that the State has utilized all flexibility and
transferability available to it under title 23, United
States Code, and this section with respect to such project,
the State may designate in fiscal year 1996 under subsection
(b) CMAQ and STP transportation enhancement funds apportioned
or allocated to the State and not obligated as of the date of
the enactment of this Act to carry out such project.
(C) CMAQ and stp transportation enhancement funds
defined.--In this paragraph, the term ``CMAQ and STP
transportation enhancement funds'' means--
(i) funds apportioned under section 104(b)(2) of title
23, United States Code; and
(ii) funds apportioned under section 104(b)(3) of such
title and available only for transportation enhancement
activities under section 133(d)(3) of such title.
(3) Interstate construction balances.--A State may not
designate under subsection (b) more than \1/3\ of funds apportioned
or allocated to the State for interstate construction and not
obligated as of the date of the enactment of this Act.
(d) Applicability of Chapter 1 of Title 23.--Notwithstanding any
other provision of law, amounts designated under subsection (b) shall
be made available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States Code. Such
amounts shall be available for obligation for the same period for which
such amounts were originally made available for obligation. Obligation
limitations for Federal-aid highways and highway safety construction
programs established by the Intermodal Surface Transportation
Efficiency Act of 1991 and subsequent laws shall apply to obligations
made under this section.
(e) Limitation on Statutory Construction.--Nothing in this section
shall be construed to affect calculations under section 157 of title
23, United States Code, and sections 1002(e), 1013(c), 1015(a), and
1015(b) of the Intermodal Surface Transportation Efficiency Act of
1991.
(f) State.--In this section and section 202, the term ``State'' has
the meaning such term has under section 401 of title 23, United States
Code.
SEC. 205. RELIEF FROM MANDATES.
(a) Suspension of Management Systems.--Section 303 of title 23,
United States Code, is amended--
(1) by striking subsection (c) and inserting the following:
``(c) State Election.--A State may elect, at any time, not to
implement, in whole or in part, 1 or more of the management systems
required under this section. The Secretary may not impose any sanction
on, or withhold any benefit from, a State on the basis of such an
election.''; and
(2) in subsection (f)--
(A) by striking ``(f) Annual Report.--Not'' and inserting
the following:
``(f) Reports.--
``(1) Annual reports.--Not'';
(B) by moving the remainder of the text of paragraph (1),
as designated by subparagraph (A) of this paragraph, 2 ems to
the right; and
(C) by adding at the end the following:
``(2) Report on implementation.--Not later than October 1,
1996, the Comptroller General, in consultation with States, shall
transmit to Congress a report on the management systems under this
section, including recommendations as to whether, to what extent,
and how the management systems should be implemented.''.
(b) Asphalt Pavement Containing Recycled Rubber.--Section 1038 of
the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C.
109 note; 105 Stat. 1987-1990) is amended by striking subsection (d).
(c) Metric Requirements.--
(1) Placement and modification of signs.--The Secretary shall
not require the States to expend any Federal or State funds to
construct, erect, or otherwise place or to modify any sign relating
to a speed limit, distance, or other measurement on a highway for
the purpose of having such sign establish such speed limit,
distance, or other measurement using the metric system.
(2) Other actions.--Before September 30, 2000, the Secretary
shall not require that any State use or plan to use the metric
system with respect to designing or advertising, or preparing
plans, specifications, estimates, or other documents, for a
Federal-aid highway project eligible for assistance under title 23,
United States Code.
(3) Definitions.--In this subsection, the following definitions
apply:
(A) Highway.--The term ``highway'' has the meaning such
term has under section 101 of title 23, United States Code.
(B) Metric system.--The term ``metric system'' has the
meaning the term ``metric system of measurement'' has under
section 4 of the Metric Conversion Act of 1975 (15 U.S.C.
205c).
(d) Repeal of National Maximum Speed Limit Compliance Program.--
(1) In general.--Title 23, United States Code, is amended--
(A) in section 141 by striking subsection (a) and
redesignating subsections (b) through (d) as subsections (a)
through (c), respectively; and
(B) by striking section 154.
(2) Conforming amendment.--The analysis to chapter 1 of such
title is amended by striking the item relating to section 154.
(3) Applicability.--The amendments made by paragraph (1) shall
be applicable to a State on the 10th day following the date of the
enactment of this Act; except that if the legislature of a State is
not in session on such date of enactment and the chief executive
officer of the State declares, before such 10th day, that the
legislature is not in session and that the State prefers an
applicability date for such amendments that is after the date on
which the legislature will convene, such amendments shall be
applicable to the State on the 60th day following the date on which
the legislature next convenes.
(e) Elimination of Penalty for Noncompliance for Motorcycle
Helmets.--Effective September 30, 1995, section 153(h) of title 23,
United States Code, is amended by striking ``a law described in
subsection (a)(1) and'' each place it appears.
SEC. 206. DEFINITIONS.
In this title, the following definitions apply:
(1) Authorized funds.--The term ``authorized funds'' means
funds authorized to be appropriated out of the Highway Trust Fund
(other than the Mass Transit Account) to carry out title 23, United
States Code (other than sections 402 and 410) and the Intermodal
Surface Transportation Efficiency Act of 1991 and subject to an
obligation limitation.
(2) Urbanized area.--The term ``urbanized area'' has the
meaning such term has under section 101(a) of title 23, United
States Code.
TITLE III--MISCELLANEOUS HIGHWAY PROVISIONS
SEC. 301. TRAFFIC MONITORING, MANAGEMENT, AND CONTROL ON NHS.
(a) Eligibility.--Section 103(i) of title 23, United States Code,
is amended by striking paragraph (8) and inserting the following:
``(8) Capital and operating costs for traffic monitoring,
management, and control facilities and programs.''.
(b) Definitions.--Section 101(a) of such title is amended--
(1) in the undesignated paragraph relating to the term
``project'' by inserting before the period at the end the
following: ``or any other undertaking eligible for assistance under
this title''; and
(2) by striking the undesignated paragraph relating to the term
``startup costs for traffic management and control'' and inserting
the following:
``The term `operating costs for traffic monitoring, management, and
control' includes labor costs, administrative costs, costs of utilities
and rent, and other costs associated with the continuous operation of
traffic control, such as integrated traffic control systems, incident
management programs, and traffic control centers.''.
SEC. 302. TRANSFERABILITY OF APPORTIONMENTS.
The third sentence of section 104(g) of title 23, United States
Code, is amended by striking ``40 percent'' and inserting ``50
percent''.
SEC. 303. QUALITY IMPROVEMENT.
(a) Life-Cycle Cost Analysis.--Section 106 of title 23, United
States Code, is amended by adding at the end the following:
``(e) Life-Cycle Cost Analysis.--
``(1) Establishment.--The Secretary shall establish a program
to require States to conduct an analysis of the life-cycle costs of
each usable project segment on the National Highway System with a
cost of $25,000,000 or more.
``(2) Analysis of the life-cycle costs defined.--In this
subsection, the term `analysis of the life-cycle costs' means a
process for evaluating the total economic worth of a usable project
segment by analyzing initial costs and discounted future costs,
such as maintenance, reconstruction, rehabilitation, restoring, and
resurfacing costs, over the life of the project segment.''.
(b) Value Engineering.--Such section is further amended by adding
at the end the following:
``(f) Value Engineering for NHS.--
``(1) Requirement.--The Secretary shall establish a program to
require States to carry out a value engineering analysis for all
projects on the National Highway System with an estimated total
cost of $25,000,000 or more.
``(2) Value engineering defined.--In this subsection, the term
`value engineering analysis' means a systematic process of review
and analysis of a project during its design phase by a
multidisciplined team of persons not involved in the project in
order to provide suggestions for reducing the total cost of the
project and providing a project of equal or better quality. Such
suggestions may include combining or eliminating otherwise
inefficient or expensive parts of the original proposed design for
the project and total redesign of the proposed project using
different technologies, materials, or methods so as to accomplish
the original purpose of the project.''.
SEC. 304. DESIGN CRITERIA FOR THE NATIONAL HIGHWAY SYSTEM.
Section 109 of title 23, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary shall ensure that the plans and
specifications for each proposed highway project under this chapter
provide for a facility that will--
``(1) adequately serve the existing and planned future traffic
of the highway in a manner that is conducive to safety, durability,
and economy of maintenance; and
``(2) be designed and constructed in accordance with criteria
best suited to accomplish the objectives described in paragraph (1)
and to conform to the particular needs of each locality.'';
(2) by striking subsection (c) and inserting the following:
``(c) Design Criteria for National Highway System.--
``(1) In general.--A design for new construction,
reconstruction, resurfacing (except for maintenance resurfacing),
restoration, or rehabilitation of a highway on the National Highway
System (other than a highway also on the Interstate System) may
take into account, in addition to the criteria described in
subsection (a)--
``(A) the constructed and natural environment of the area;
``(B) the environmental, scenic, aesthetic, historic,
community, and preservation impacts of the activity; and
``(C) access for other modes of transportation.
``(2) Development of criteria.--The Secretary, in cooperation
with State highway departments, may develop criteria to implement
paragraph (1). In developing criteria under this paragraph, the
Secretary shall consider the results of the committee process of
the American Association of State Highway and Transportation
Officials as used in adopting and publishing `A Policy on Geometric
Design of Highways and Streets', including comments submitted by
interested parties as part of such process.''; and
(3) by striking subsection (q) and inserting the following:
``(q) Scenic and Historic Values.--Notwithstanding subsections (b)
and (c), the Secretary may approve a project for the National Highway
System if the project is designed to--
``(1) allow for the preservation of environmental, scenic, or
historic values;
``(2) ensure safe use of the facility; and
``(3) comply with subsection (a).''.
SEC. 305. APPLICABILITY OF TRANSPORTATION CONFORMITY REQUIREMENTS.
(a) Highway Construction.--Section 109(j) of title 23, United
States Code, is amended by striking ``plan for the implementation of
any ambient air quality standard for any air quality control region
designated pursuant to the Clean Air Act, as amended.'' and inserting
the following: ``plan for--
``(1) the implementation of a national ambient air quality
standard for each pollutant for which an area is designated as a
nonattainment area under section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)); or
``(2) the maintenance of a national ambient air quality
standard in an area that was designated as a nonattainment area but
that was later redesignated by the Administrator as an attainment
area for the standard and that is required to develop a maintenance
plan under section 175A of the Clean Air Act (42 U.S.C. 7505a).''.
(b) Clean Air Act Requirements.--Section 176(c) of the Clean Air
Act (42 U.S.C. 7506(c)) is amended by adding at the end the following:
``(5) Applicability.--This subsection shall apply only with
respect to--
``(A) a nonattainment area and each pollutant for which the
area is designated as a nonattainment area; and
``(B) an area that was designated as a nonattainment area
but that was later redesignated by the Administrator as an
attainment area and that is required to develop a maintenance
plan under section 175A with respect to the specific pollutant
for which the area was designated nonattainment.''.
SEC. 306. MOTORIST CALL BOXES.
Section 111 of title 23, United States Code, is amended by adding
at the end the following:
``(c) Motorist Call Boxes.--
``(1) In general.--Notwithstanding subsection (a), a State may
permit the placement of motorist call boxes on rights-of-way of the
National Highway System. Such motorist call boxes may include the
identification and sponsorship logos of such call boxes.
``(2) Sponsorship logos.--
``(A) Approval by state and local agencies.--All call box
installations displaying sponsorship logos under this
subsection shall be approved by the highway agencies having
jurisdiction of the highway on which they are located.
``(B) Size on box.--A sponsorship logo may be placed on the
call box in a dimension not to exceed the size of the call box
or a total dimension in excess of 12 inches by 18 inches.
``(C) Size on identification sign.--Sponsorship logos in a
dimension not to exceed 12 inches by 30 inches may be displayed
on a call box identification sign affixed to the call box post.
``(D) Spacing of signs.--Sponsorship logos affixed to an
identification sign on a call box post may be located on the
rights-of-way at intervals not more frequently than 1 per every
5 miles.
``(E) Distribution throughout state.--Within a State, at
least 20 percent of the call boxes displaying sponsorship logos
shall be located on highways outside of urbanized areas with a
population greater than 50,000.
``(3) Nonsafety hazards.--The call boxes and their location,
posts, foundations, and mountings shall be consistent with
requirements of the Manual on Uniform Traffic Control Devices or
any requirements deemed necessary by the Secretary to assure that
the call boxes shall not be a safety hazard to motorists.''.
SEC. 307. QUALITY THROUGH COMPETITION.
(a) Contracting for Engineering and Design Services.--Section
112(b)(2) of title 23, United States Code, is amended by adding at the
end the following:
``(C) Performance and audits.--Any contract or subcontract
awarded in accordance with subparagraph (A), whether funded in
whole or in part with Federal-aid highway funds, shall be
performed and audited in compliance with cost principles
contained in the Federal Acquisition Regulations of part 31 of
title 48, Code of Federal Regulations.
``(D) Indirect cost rates.--Instead of performing its own
audits, a recipient of funds under a contract or subcontract
awarded in accordance with subparagraph (A) shall accept
indirect cost rates established in accordance with the Federal
Acquisition Regulations for 1-year applicable accounting
periods by a cognizant Federal or State government agency, if
such rates are not currently under dispute.
``(E) Application of rates.--Once a firm's indirect cost
rates are accepted under this paragraph, the recipient of the
funds shall apply such rates for the purposes of contract
estimation, negotiation, administration, reporting, and
contract payment and shall not be limited by administrative or
de facto ceilings of any kind.
``(F) Prenotification; confidentiality of data.--A
recipient of funds requesting or using the cost and rate data
described in subparagraph (E) shall notify any affected firm
before such request or use. Such data shall be confidential and
shall not be accessible or provided, in whole or in part, to
another firm or to any government agency which is not part of
the group of agencies sharing cost data under this paragraph,
except by written permission of the audited firm. If prohibited
by law, such cost and rate data shall not be disclosed under
any circumstances.
``(G) State option.--Subparagraphs (C), (D), (E), and (F)
shall take effect 1 year after the date of the enactment of
this subparagraph; except that if a State, during such 1-year
period, adopts by statute an alternative process intended to
promote engineering and design quality and ensure maximum
competition by professional companies of all sizes providing
engineering and design services, such subparagraphs shall not
apply with respect to the State. If the Secretary determines
that the legislature of the State did not convene and adjourn a
full regular session during such 1-year period, the Secretary
may extend such 1-year period until the adjournment of the next
regular session of the legislature.''.
(b) Repeal of Pilot Program.--Section 1092 of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 112 note; 105
Stat. 2024) is repealed.
SEC. 308. LIMITATION ON ADVANCE CONSTRUCTION.
Section 115(d) of title 23, United States Code, is amended to read
as follows:
``(d) Inclusion in Transportation Improvement Program.--The
Secretary may approve an application for a project under this section
only if the project is included in the transportation improvement
program of the State developed under section 135(f).''.
SEC. 309. PREVENTIVE MAINTENANCE.
Section 116 of title 23, United States Code, is amended by adding
at the end the following:
``(d) Preventive Maintenance.--A preventive maintenance activity
shall be eligible for Federal assistance under this title if the State
demonstrates to the satisfaction of the Secretary that the activity is
a cost-effective means of extending the useful life of a Federal-aid
highway.''.
SEC. 310. FEDERAL SHARE.
(a) Safety Rest Areas.--Section 120(c) of title 23, United States
Code, is amended--
(1) by inserting ``safety rest areas,'' after
``signalization,''; and
(2) by adding at the end the following: ``In this subsection,
the term `safety rest area' means an area where motor vehicle
operators can park their vehicles and rest, where food, fuel, and
lodging services are not available, and that is located on a
segment of highway with respect to which the Secretary determines
there is a shortage of public and private areas at which motor
vehicle operators can park their vehicles and rest.''.
(b) Bicycle Transportation Facilities and Pedestrian Walkways.--
Section 217(f) of such title is amended by striking ``80 percent'' and
inserting ``determined in accordance with section 120(b)''.
(c) Economic Growth Center Development Highways.--Section 1021(c)
of the Intermodal Surface Transportation Efficiency Act of 1991 (23
U.S.C. 120 note), as amended by section 417 of the Department of
Transportation and Related Agencies Appropriations Act, 1993 (106 Stat.
1565), is amended--
(1) by striking ``and'' at the end of clause (2) and inserting
``or''; and
(2) in clause (3) by striking ``section 143 of title 23'' and
inserting ``a project for construction, reconstruction, or
improvement of a development highway under section 143 of such
title on a Federal-aid system (other than the Interstate System),
as such system was described in section 103 of such title on the
day before the date of the enactment of this Act''.
(d) Northwest Arkansas Regional Airport Connector.--Notwithstanding
any other provision of law, the Federal share of the cost of the
project to construct a highway to the Northwest Arkansas Regional
Airport from United States Route 71 in Arkansas shall be 95 percent.
SEC. 311. ELIGIBILITY OF BOND AND OTHER DEBT INSTRUMENT FINANCING
FOR REIMBURSEMENT AS CONSTRUCTION EXPENSES.
(a) In General.--Section 122 of title 23, United States Code, is
amended to read as follows:
``Sec. 122. Payments to States for bond and other debt instrument
financing
``(a) Definition of Eligible Debt Financing Instrument.--In this
section, the term `eligible debt financing instrument' means a bond or
other debt financing instrument, including a note, certificate,
mortgage, or lease agreement, issued by a State or political
subdivision of a State or a public authority, the proceeds of which are
used for an eligible project under this title.
``(b) Federal Reimbursement.--Subject to subsections (c) and (d),
the Secretary may reimburse a State for expenses and costs incurred by
the State or a political subdivision of the State and reimburse a
public authority for expenses and costs incurred by the public
authority for--
``(1) interest payments under an eligible debt financing
instrument;
``(2) the retirement of principal of an eligible debt financing
instrument;
``(3) the cost of the issuance of an eligible debt financing
instrument;
``(4) the cost of insurance for an eligible debt financing
instrument; and
``(5) any other cost incidental to the sale of an eligible debt
financing instrument (as determined by the Secretary).
``(c) Conditions on Payment.--The Secretary may reimburse a State
or public authority under subsection (b) with respect to a project
funded by an eligible debt financing instrument after the State or
public authority has complied with this title with respect to the
project to the extent and in the manner that would be required if
payment were to be made under section 121.
``(d) Federal Share.--The Federal share of the cost of a project
payable under this section shall not exceed the Federal share of the
cost of the project as determined under section 120.
``(e) Statutory Construction.--Notwithstanding any other provision
of law, the eligibility of an eligible debt financing instrument for
reimbursement under subsection (b) shall not--
``(1) constitute a commitment, guarantee, or obligation on the
part of the United States to provide for payment of principal or
interest on the eligible debt financing instrument; or
``(2) create any right of a third party against the United
States for payment under the eligible debt financing instrument.''.
(b) Definition of Construction.--The first sentence of the
undesignated paragraph relating to the term ``construction'' of section
101(a) of such title is amended by inserting ``bond costs and other
costs relating to the issuance in accordance with section 122 of bonds
or other debt financing instruments,'' after ``highway, including''.
(c) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by striking the item relating to section 122 and inserting
the following:
``122. Payments to States for bond and other debt instrument
financing.''.
SEC. 312. VEHICLE WEIGHT AND LONGER COMBINATION VEHICLES
EXEMPTIONS.
(a) Sioux City, Iowa.--
(1) Vehicle weight limitations.--The proviso in the second
sentence of section 127(a) of title 23, United States Code, is
amended by striking ``except for those'' and inserting the
following: ``except for vehicles using Interstate Route 29 between
Sioux City, Iowa, and the border between Iowa and South Dakota or
vehicles using Interstate Route 129 between Sioux City, Iowa, and
the border between Iowa and Nebraska, and except for those''.
(2) Longer combination vehicles.--Section 127(d)(1) of such
title is amended by adding at the end the following:
``(F) Iowa.--In addition to vehicles that the State of Iowa
may continue to allow to be operated under subparagraph (A),
the State may allow longer combination vehicles that were not
in actual operation on June 1, 1991, to be operated on
Interstate Route 29 between Sioux City, Iowa, and the border
between Iowa and South Dakota or Interstate Route 129 between
Sioux City, Iowa, and the border between Iowa and Nebraska.''.
(3) Property-carrying unit limitation.--Section 31112(c) of
title 49, United States Code, is amended--
(A) in the subsection heading by striking ``and Alaska''
and inserting ``Alaska, and Iowa'';
(B) by striking ``and'' at the end of paragraph (2);
(C) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) Iowa may allow the operation on Interstate Route 29
between Sioux City, Iowa, and the border between Iowa and South
Dakota or on Interstate Route 129 between Sioux City, Iowa, and the
border between Iowa and Nebraska of commercial motor vehicle
combinations with trailer length, semitrailer length, and property-
carrying unit length allowed by law or regulation and in actual
lawful operation on a regular or periodic basis (including
continued seasonal operation) in South Dakota or Nebraska,
respectively, before June 2, 1991.''.
(b) Applicability of Certain Vehicle Weight Limitations in
Wisconsin.--Section 127 of such title is amended by adding at the end
the following:
``(f) Operation of Certain Specialized Hauling Vehicles on Certain
Wisconsin Highways.--If the 104-mile portion of Wisconsin State Route
78 and United States Route 51 between Interstate Route 94 near Portage,
Wisconsin, and Wisconsin State Route 29 south of Wausau, Wisconsin, is
designated as part of the Interstate System under section 139(a), the
single axle weight, tandem axle weight, gross vehicle weight, and
bridge formula limits set forth in subsection (a) shall not apply to
the 104-mile portion with respect to the operation of any vehicle that
could legally operate on the 104-mile portion before the date of the
enactment of this subsection.''.
SEC. 313. TOLL ROADS.
(a) Federal Share for Highways, Bridges, and Tunnels.--Section
129(a)(5) of title 23, United States Code, is amended to read as
follows:
``(5) Limitation on federal share.--The Federal share payable
for a project described in paragraph (1) shall be a percentage
determined by the State but not to exceed 80 percent.''.
(b) Loan Program.--Section 129(a)(7) of title 23, United States
Code, is amended to read as follows:
``(7) Loans.--
``(A) In general.--A State may loan to a public or private
entity constructing or proposing to construct under this
section a toll facility or non-toll facility with a dedicated
revenue source an amount equal to all or part of the Federal
share of the cost of the project if the project has a revenue
source specifically dedicated to it. Dedicated revenue sources
for non-toll facilities include excise taxes, sales taxes,
motor vehicle use fees, tax on real property, tax increment
financing, and such other dedicated revenue sources as the
Secretary determines appropriate.
``(B) Compliance with federal laws.--As a condition of
receiving a loan under this paragraph, the public or private
entity that receives the loan shall ensure that the project
will be carried out in accordance with this title and any other
applicable Federal law, including any applicable provision of a
Federal environmental law.
``(C) Subordination of debt.--The amount of any loan
received for a project under this paragraph may be subordinated
to any other debt financing for the project.
``(D) Obligation of funds loaned.--Funds loaned under this
paragraph may only be obligated for projects under this
paragraph.
``(E) Repayment.--The repayment of a loan made under this
paragraph shall commence not later than 5 years after date on
which the facility that is the subject of the loan is open to
traffic.
``(F) Term of loan.--The term of a loan made under this
paragraph shall not exceed 30 years from the date on which the
loan funds are obligated.
``(G) Interest.--A loan made under this paragraph shall
bear interest at or below market interest rates, as determined
by the State, to make the project that is the subject of the
loan feasible.
``(H) Reuse of funds.--Amounts repaid to a State from a
loan made under this paragraph may be obligated--
``(i) for any purpose for which the loan funds were
available under this title; and
``(ii) for the purchase of insurance or for use as a
capital reserve for other forms of credit enhancement for
project debt in order to improve credit market access or to
lower interest rates for projects eligible for assistance
under this title.
``(I) Guidelines.--The Secretary shall establish procedures
and guidelines for making loans under this paragraph.''.
(c) Ferry Boats and Terminal Facilities.--Section 129(c)(5) of such
title is amended--
(1) by inserting before the period at the end of the first
sentence the following: ``or between a point in a State and a point
in the Dominion of Canada''; and
(2) in the second sentence--
(A) by striking ``Hawaii and'' and inserting ``Hawaii,'';
and
(B) by inserting after ``Puerto Rico'' the following: ``,
operations between a point in a State and a point in the
Dominion of Canada,''.
(d) Treatment of Centennial Bridge, Rock Island, Illinois,
Agreement.--For purposes of section 129(a)(6) of title 23, United
States Code, the agreement concerning the Centennial Bridge, Rock
Island, Illinois, entered into under the Act entitled ``An Act
authorizing the city of Rock Island, Illinois, or its assigns, to
construct, maintain, and operate a toll bridge across the Mississippi
River at or near Rock Island, Illinois, and to a place at or near the
city of Davenport, Iowa'', approved March 18, 1938 (52 Stat. 110),
shall be treated as if the agreement had been entered into under
section 129 of title 23, United States Code, as in effect on December
17, 1991, and may be modified in accordance with section 129(a)(6) of
such title.
(e) Collection of Tolls To Finance Certain Environmental Projects
in Florida.--Notwithstanding section 129(a) of title 23, United States
Code, on request of the Governor of the State of Florida, the Secretary
shall modify the agreement entered into with the transportation
department of the State under section 129(a)(3) of such title to permit
the collection of tolls to liquidate such indebtedness as may be
incurred to finance any cost associated with a feature of an
environmental project that is carried out under State law and approved
by the Secretary of the Interior.
SEC. 314. SCENIC BYWAYS.
Section 131(s) of title 23, United Sates Code, is amended by adding
at the end the following: ``In designating a scenic byway for purposes
of this section and section 1047 of the Intermodal Surface
Transportation Efficiency Act of 1991, a State may exclude from such
designation any segment of a highway that is inconsistent with the
State's criteria for designating State scenic byways. Nothing in the
preceding sentence shall preclude a State from signing any such
excluded segment, including such segment on a map, or carrying out
similar activities, solely for purposes of system continuity.''.
SEC. 315. APPLICABILITY OF CERTAIN REQUIREMENTS TO THIRD PARTY
SELLERS.
Section 133(d) of title 23, United States Code, is amended by
adding at the end the following:
``(5) Applicability of certain requirements to third party
sellers.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), in the case of a transportation enhancement activity
funded from the allocation required under paragraph (2), if
real property or an interest in real property is to be acquired
from a qualified organization exclusively for conservation
purposes (as determined under section 170(h) of the Internal
Revenue Code of 1986), the organization shall be considered to
be the owner of the property for the purpose of the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.).
``(B) Federal approval prior to involvement of qualified
organization.--If Federal approval of the acquisition of the
real property or interest predates the involvement of a
qualified organization described in subparagraph (A) in the
acquisition of the property, the organization shall be
considered to be an acquiring agency or person as described in
section 24.101(a)(2) of title 49, Code of Federal Regulations,
for the purpose of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970.
``(C) Acquisitions on behalf of recipients of federal
funds.--If a qualified organization described in subparagraph
(A) has contracted with a State highway department or other
recipient of Federal funds to acquire the real property or
interest on behalf of the recipient, the organization shall be
considered to be an agent of the recipient for the purpose of
the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970.''.
SEC. 316. STREAMLINING FOR TRANSPORTATION ENHANCEMENT PROJECTS.
Section 133(e) of title 23, United States Code, is amended--
(1) in paragraph (3)--
(A) by striking ``(3) Payments.--The'' and inserting the
following:
``(3) Payments.--
``(A) In general.--Except as provided in subparagraph (B),
the'';
(B) by moving the remainder of the text of subparagraph
(A), as designated by subparagraph (A) of this paragraph, 2 ems
to the right; and
(C) by adding at the end the following:
``(B) Advance payment option for transportation enhancement
activities.--
``(i) In general.--The Secretary may advance funds to
the State for transportation enhancement activities funded
from the allocation required by subsection (d)(2) for a
fiscal year if the Secretary certifies for the fiscal year
that the State has authorized and uses a process for the
selection of transportation enhancement projects that
involves representatives of affected public entities, and
private citizens, with expertise related to transportation
enhancement activities.
``(ii) Limitation on amounts.--Amounts advanced under
this subparagraph shall be limited to such amounts as are
necessary to make prompt payments for project costs.
``(iii) Effect on other requirements.--This
subparagraph shall not exempt a State from other
requirements of this title relating to the surface
transportation program.''; and
(2) by adding at the end the following:
``(5) Transportation enhancement activities.--
``(A) Categorical exclusions.--To the extent appropriate,
the Secretary shall develop categorical exclusions from the
requirement that an environmental assessment or an
environmental impact statement under section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332) be
prepared for transportation enhancement activities funded from
the allocation required by subsection (d)(2).
``(B) Nationwide programmatic agreement.--The Secretary, in
consultation with the National Conference of State Historic
Preservation Officers and the Advisory Council on Historic
Preservation established under title II of the National
Historic Preservation Act (16 U.S.C. 470i et seq.), shall
develop a nationwide programmatic agreement governing the
review of transportation enhancement activities funded from the
allocation required by subsection (d)(2), in accordance with--
``(i) section 106 of such Act (16 U.S.C. 470f); and
``(ii) the regulations of the Advisory Council on
Historic Preservation.''.
SEC. 317. METROPOLITAN PLANNING FOR HIGHWAY PROJECTS.
Section 134(f) of title 23, United States Code, is amended by
adding at the end the following:
``(16) Recreational travel and tourism.''.
SEC. 318. NON-FEDERAL SHARE FOR CERTAIN TOLL BRIDGE PROJECTS.
Section 144(l) of title 23, United States Code, is amended by
adding at the end the following: ``Any non-Federal funds expended for
the seismic retrofit of the bridge may be credited toward the non-
Federal share required as a condition of receipt of any Federal funds
for seismic retrofit of the bridge made available after the date of the
expenditure.''.
SEC. 319. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.
(a) Areas Eligible for Funds.--
(1) In general.--The first sentence of section 149(b) of title
23, United States Code, is amended--
(A) by inserting ``if the project or program is for an area
in the State that was designated as a nonattainment area under
section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) during
any part of fiscal year 1994 and'' after ``program'' the second
place it appears; and
(B) in paragraph (1)(A) by striking ``contribute'' and all
that follows through ``; or'' and inserting the following:
``contribute to--
``(i) the attainment of a national ambient air quality
standard; or
``(ii) the maintenance of a national ambient air
quality standard in an area that was designated as a
nonattainment area but that was later redesignated by the
Administrator of the Environmental Protection Agency as an
attainment area under section 107(d) of the Clean Air Act
(42 U.S.C. 7407(d)); or''.
(2) Apportionment.--Section 104(b)(2) of such title is
amended--
(A) in the second sentence, by striking ``is a
nonattainment area (as defined in the Clean Air Act) for
ozone'' and inserting ``was a nonattainment area (as defined in
section 171(2) of the Clean Air Act (42 U.S.C. 7501(2))) for
ozone during any part of fiscal year 1994''; and
(B) in the third sentence--
(i) by striking ``is also'' and inserting ``was also'';
and
(ii) by inserting ``during any part of fiscal year
1994'' after ``monoxide''.
(b) Traffic Monitoring, Management, and Control Facilities and
Programs.--The first sentence of section 149(b) of title 23, United
States Code, is amended--
(1) by striking ``or'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) to establish or operate a traffic monitoring, management,
and control facility or program if the Secretary, after
consultation with the Administrator of the Environmental Protection
Agency, determines that the facility or program is likely to
contribute to the attainment of a national ambient air quality
standard; or''.
(c) Effect of Limitation on Apportionment.--Notwithstanding any
other provision of law, for each of fiscal years 1996 and 1997, the
amendments made by subsection (a) shall not affect any apportionment
adjustments under section 1015 of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1943).
SEC. 320. OPERATION OF MOTOR VEHICLES BY INTOXICATED MINORS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 161. Operation of motor vehicles by intoxicated minors
``(a) Withholding of Apportionments for Noncompliance.--
``(1) Fiscal year 1999.--The Secretary shall withhold 5 percent
of the amount required to be apportioned to any State under each of
paragraphs (1), (3), and (5)(B) of section 104(b) on October 1,
1998, if the State does not meet the requirement of paragraph (3)
on that date.
``(2) Thereafter.--The Secretary shall withhold 10 percent
(including any amounts withheld under paragraph (1)) of the amount
required to be apportioned to any State under each of paragraphs
(1), (3), and (5)(B) of section 104(b) on October 1, 1999, and on
October 1 of each fiscal year thereafter, if the State does not
meet the requirement of paragraph (3) on that date.
``(3) Requirement.--A State meets the requirement of this
paragraph if the State has enacted and is enforcing a law that
considers an individual under the age of 21 who has a blood alcohol
concentration of 0.02 percent or greater while operating a motor
vehicle in the State to be driving while intoxicated or driving
under the influence of alcohol.
``(b) Period of Availability; Effect of Compliance and
Noncompliance.--
``(1) Period of availability of withheld funds.--
``(A) Funds withheld on or before september 30, 2000.--Any
funds withheld under subsection (a) from apportionment to any
State on or before September 30, 2000, shall remain available
until the end of the third fiscal year following the fiscal
year for which the funds are authorized to be appropriated.
``(B) Funds withheld after september 30, 2000.--No funds
withheld under this section from apportionment to any State
after September 30, 2000, shall be available for apportionment
to the State.
``(2) Apportionment of withheld funds after compliance.--If,
before the last day of the period for which funds withheld under
subsection (a) from apportionment are to remain available for
apportionment to a State under paragraph (1), the State meets the
requirement of subsection (a)(3), the Secretary shall, on the first
day on which the State meets the requirement, apportion to the
State the funds withheld under subsection (a) that remain available
for apportionment to the State.
``(3) Period of availability of subsequently apportioned
funds.--Any funds apportioned pursuant to paragraph (2) shall
remain available for expenditure until the end of the third fiscal
year following the fiscal year in which the funds are so
apportioned. Sums not obligated at the end of that period shall
lapse.
``(4) Effect of noncompliance.--If, at the end of the period
for which funds withheld under subsection (a) from apportionment
are available for apportionment to a State under paragraph (1), the
State does not meet the requirement of subsection (a)(3), the funds
shall lapse.''.
(b) Conforming Amendment.--The analysis of such chapter is amended
by adding at the end the following:
``161. Operation of motor vehicles by intoxicated minors.''.
SEC. 321. UTILIZATION OF THE PRIVATE SECTOR FOR SURVEYING AND
MAPPING SERVICES.
Section 306 of title 23, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``In''; and
(2) by adding at the end the following:
``(b) Guidance.--The Secretary shall issue guidance to encourage
States to utilize, to the maximum extent practicable, private sector
sources for surveying and mapping services for projects under this
title. In carrying out this subsection, the Secretary shall recommend
appropriate roles for State and private mapping and surveying
activities, including--
``(1) preparation of standards and specifications;
``(2) research in surveying and mapping instrumentation and
procedures and technology transfer to the private sector;
``(3) providing technical guidance, coordination, and
administration of State surveying and mapping activities; and
``(4) recommending methods for increasing the use by the States
of private sector sources for surveying and mapping activities.''.
SEC. 322. DONATIONS OF FUNDS, MATERIALS, OR SERVICES FOR FEDERALLY
ASSISTED PROJECTS.
Section 323 of title 23, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Credit for Donations of Funds, Materials, or Services.--
Nothing in this title or any other law shall prevent a person from
offering to donate funds, materials, or services in connection with a
project eligible for assistance under this title. In the case of such a
project with respect to which the Federal Government and the State
share in paying the cost, any donated funds, or the fair market value
of any donated materials or services, that are accepted and
incorporated into the project by the State highway department shall be
credited against the State share.''.
SEC. 323. DISCOVERY AND ADMISSION AS EVIDENCE OF CERTAIN REPORTS
AND SURVEYS.
Section 409 of title 23, United States Code, is amended by
inserting ``or collected'' after ``compiled''.
SEC. 324. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.
(a) Technical Amendment.--Section 410(d)(1)(E) of title 23, United
States Code, is amended by striking ``the date of enactment of this
section'' and inserting ``December 18, 1991''.
(b) Basic Grant Eligibility.--Section 410(d) of such title is
amended--
(1) in paragraph (3)--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following:
``(B) A State shall be treated as having met the requirement of
this paragraph if--
``(i) the State provides to the Secretary a written
certification that the highest court of the State has issued a
decision indicating that implementation of subparagraph (A)
would constitute a violation of the constitution of the State;
and
``(ii) the State demonstrates to the satisfaction of the
Secretary that--
``(I) the alcohol fatal crash involvement rate in the
State has decreased in each of the 3 most recent calendar
years for which statistics for determining such rate are
available; and
``(II) the alcohol fatal crash involvement rate in the
State has been lower than the average such rate for all
States in each of such calendar years.''; and
(2) by adding at the end the following:
``(7) Any individual under age 21 with a blood alcohol
concentration of 0.02 percent or greater when driving a motor
vehicle shall be deemed to be driving while intoxicated or driving
under the influence of alcohol.''.
(c) Supplemental Grants.--Section 410(f) of such title is amended
by striking paragraph (1) and redesignating paragraphs (2) through (7)
as paragraphs (1) through (6), respectively.
SEC. 325. REFERENCES TO COMMITTEE ON TRANSPORTATION AND
INFRASTRUCTURE.
(a) Railway-Highway Crossings Report.--The third sentence of
section 130(g) of title 23, United States Code, is amended by striking
``Committee on Public Works and Transportation'' and inserting
``Committee on Transportation and Infrastructure''.
(b) Highway Bridge Replacement and Rehabilitation Report.--Section
144(i)(1) of such title is amended by striking ``Committee on Public
Works and Transportation'' and inserting ``Committee on Transportation
and Infrastructure''.
(c) Hazard Elimination Report.--The third sentence of section
152(g) of such title is amended by striking ``Committee on Public Works
and Transportation'' and inserting ``Committee on Transportation and
Infrastructure''.
(d) Research Reports.--Subsections (d)(5), (e)(11), and (h) of
section 307 of such title are each amended by striking ``Committee on
Public Works and Transportation'' and inserting ``Committee on
Transportation and Infrastructure''.
(e) Congestion Pricing Pilot Program Report.--Section 1012(b)(5) of
the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C.
149 note; 105 Stat. 1938) is amended by striking ``Committee on Public
Works and Transportation'' and inserting ``Committee on Transportation
and Infrastructure''.
(f) Motor Fuel Tax Enforcement Report.--Section 1040(d)(1) of such
Act (23 U.S.C. 101 note; 105 Stat. 1992) is amended by striking
``Committee on Public Works and Transportation'' and inserting
``Committee on Transportation and Infrastructure''.
(g) Allocation Formula Study.--Section 1098(b) of such Act (23
U.S.C. 104 note; 105 Stat. 2025) is amended by striking ``these
committees as they'' and inserting ``the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives as the committees''.
(h) National Recreational Trails Report.--Section 1303(i) of such
Act (16 U.S.C. 1262(i)) is amended by striking ``Committee on Public
Works and Transportation'' and inserting ``Committee on Transportation
and Infrastructure''.
SEC. 326. PUBLIC TRANSIT VEHICLES EXEMPTION.
Section 1023(h)(1) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 127 note) is amended--
(1) by striking ``2-year'' the first place it appears and all
that follows through ``Act,'' and inserting ``period beginning on
October 6, 1992, and ending on the date on which Federal-aid
highway and transit programs are reauthorized after the date of the
enactment of the National Highway System Designation Act of
1995,''; and
(2) by striking the second sentence.
SEC. 327. USE OF RECYCLED PAVING MATERIAL.
Section 1038 of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 109 note; 105 Stat. 1987-1990), as amended by
section 205(b) of this Act, is amended--
(1) by inserting before subsection (e) the following:
``(d) Asphalt Pavement Containing Recycled Rubber.--
``(1) Crumb rubber modifier research.--Not later than 180 days
after the date of the enactment of the National Highway System
Designation Act of 1995, the Secretary shall develop testing
procedures and conduct research to develop performance grade
classifications, in accordance with the strategic highway research
program carried out under section 307(d) of title 23, United States
Code, for crumb rubber modifier binders. The testing procedures and
performance grade classifications should be developed in
consultation with representatives of the crumb rubber modifier
industry and other interested parties (including the asphalt paving
industry) with experience in the development of the procedures and
classifications.
``(2) Crumb rubber modifier program development.--
``(A) In general.--The Secretary may make grants to States
to develop programs to use crumb rubber from scrap tires to
modify asphalt pavements.
``(B) Use of grant funds.--Grant funds made available to
States under this paragraph shall be used--
``(i) to develop mix designs for crumb rubber modified
asphalt pavements;
``(ii) for the placement and evaluation of crumb rubber
modified asphalt pavement field tests; and
``(iii) for the expansion of State crumb rubber
modifier programs in existence on the date the grant is
made available.''; and
(2) in subsection (e) by striking paragraph (1) and inserting
the following:
``(1) the term `asphalt pavement containing recycled rubber'
means any mixture of asphalt and crumb rubber derived from whole
scrap tires, such that the physical properties of the asphalt are
modified through the mixture, for use in pavement maintenance,
rehabilitation, or construction applications; and''.
SEC. 328. ROADSIDE BARRIER TECHNOLOGY.
Section 1058 of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 109 note; 105 Stat. 2003) is amended--
(1) in subsection (a)--
(A) by striking ``median'' and inserting ``or temporary
crashworthy''; and
(B) by inserting ``crashworthy'' after ``innovative''; and
(2) in subsection (c)--
(A) in the subsection heading by inserting ``Crashworthy''
after ``Innovative'';
(B) by inserting ``crashworthy'' after ``innovative'';
(C) by striking ``median'';
(D) by inserting ``or guiderail'' after ``guardrail''; and
(E) by inserting before the period at the end the
following: ``, and that meets or surpasses the requirements of
the National Cooperative Highway Research Program 350 for
longitudinal barriers''.
SEC. 329. CORRECTIONS TO MISCELLANEOUS AUTHORIZATIONS.
(a) Gowanus Expressway Corridor, New York.--Section 1069(ee) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2011) is amended by adding at the end the following: ``In carrying out
such improvements, the State of New York shall consider the economic
and social impacts of the project on the neighboring community.''.
(b) New York City, New York.--Section 1069(gg) of such Act (105
Stat. 2011) is amended to read as follows:
``(gg) Intermodal Facilities, New York.--
``(1) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $150,000,000 for
fiscal years beginning after September 30, 1995, for--
``(A) design and construction of the Whitehall Street Ferry
Terminals in New York, New York;
``(B) completion of construction of the Oak Point Link in
the Harlem River in New York, New York;
``(C) engineering, design, and construction activities to
permit the James A. Farley Post Office in New York, New York,
to be used as an intermodal transportation facility and
commercial center; and
``(D) necessary improvements to and redevelopment of
Pennsylvania Station and associated service buildings in New
York, New York.
Such sums shall remain available until expended.
``(2) Allocation of funds.--Of the amounts made available under
paragraph (1)--
``(A) not to exceed $50,000,000 may be used to carry out
paragraph (1)(A); and
``(B) not to exceed $10,000,000 may be used to carry out
paragraph (1)(B).''.
SEC. 330. CORRECTIONS TO HIGH COST BRIDGE PROJECTS.
The table contained in section 1103(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027-2028) is
amended--
(1) in item number 2, relating to Eugene, Oregon--
(A) by striking ``Construction'' and inserting ``Design,
right-of-way acquisition, and construction''; and
(B) by inserting ``, including pedestrian, bicycle, and
vehicle approach roadways, intersections, signalization, and
structural bridge changes, and related structures between East
Broadway and Oakway Road'' after ``Bridge'';
(2) in item 5, relating to Gloucester Point, Virginia, by
inserting after ``York River'' the following: ``and for repair,
strengthening, and rehabilitation of the existing bridge''; and
(3) in item 10, relating to Shakopee, Minnesota, by inserting
``project, including the bypass of'' after ``replacement''.
SEC. 331. CORRECTIONS TO CONGESTION RELIEF PROJECTS.
The table contained in section 1104(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2029-2031) is
amended--
(1) in item 1, relating to Long Beach, California, by striking
``HOV Lanes on'' and inserting ``downtown Long Beach access ramps
into the southern terminus of'';
(2) in item 10, relating to San Diego, California, by striking
``1 block of Cut and Cover Tunnel on Rt. 15'' and inserting
``bridge decking on Route 15'';
(3) in item 23, relating to Tucson, Arizona, by inserting ``,
of which a total of $3,609,620 shall be available for the project
authorized by item 74 of the table contained in section 1106(b)''
after ``in Tucson, Arizona'';
(4) in item 38, relating to New York, New York, by striking
``Construction'' and all that follows through ``Bypass'' and
inserting the following: ``Whitehall Street ferry terminals''; and
(5) in item 43, relating to West Virginia, by striking ``Coal
Fields'' and inserting ``Coalfields''.
SEC. 332. HIGH PRIORITY CORRIDORS.
(a) Identification of High Priority Corridors.--
(1) In general.--Section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2032) is amended--
(A) by inserting before the period at the end of paragraph
(3) the following: ``commencing on the Atlantic Coast in the
Hampton Roads area going westward across Virginia to the
vicinity of Lynchburg, Virginia, continuing west to serve
Roanoke and then to a West Virginia corridor centered around
Beckley to Welch as part of the Coalfields Expressway described
in section 1069(v), then to Williamson sharing a common
corridor with the I-73/74 Corridor (referred to in item 12 of
the table contained in subsection (f)), then to a Kentucky
Corridor centered on the cities of Pikeville, Jenkins, Hazard,
London, Somerset, Columbia, Bowling Green, Hopkinsville,
Benton, and Paducah, into Illinois, and into Missouri and
exiting western Missouri and moving westward across southern
Kansas'';
(B) by striking paragraph (5) and inserting the following:
``(5)(A) I-73/74 North-South Corridor from Charleston, South
Carolina, through Winston-Salem, North Carolina, to Portsmouth,
Ohio, to Cincinnati, Ohio, to termini at Detroit, Michigan and
Sault Ste. Marie, Michigan. The Sault Ste. Marie terminus shall be
reached via a corridor connecting Adrian, Jackson, Lansing, Mount
Pleasant, and Grayling, Michigan.
``(B)(i) In the Commonwealth of Virginia, the Corridor shall
generally follow--
``(I) United States Route 220 from the Virginia-North
Carolina border to I-581 south of Roanoke;
``(II) I-581 to I-81 in the vicinity of Roanoke;
``(III) I-81 to the proposed highway to demonstrate
intelligent transportation systems authorized by item 29 of the
table in section 1107(b) in the vicinity of Christiansburg to
United States Route 460 in the vicinity of Blacksburg; and
``(IV) United States Route 460 to the West Virginia State
line.
``(ii) In the States of West Virginia, Kentucky, and Ohio, the
Corridor shall generally follow--
``(I) United States Route 460 from the West Virginia State
line to United States Route 52 at Bluefield, West Virginia; and
``(II) United States Route 52 to United States Route 23 at
Portsmouth, Ohio.
``(iii) In the States of North Carolina and South Carolina, the
Corridor shall generally follow--
``(I) in the case of I-73--
``(aa) United States Route 220 from the Virginia State
line to State Route 68 in the vicinity of Greensboro;
``(bb) State Route 68 to I-40;
``(cc) I-40 to United States Route 220 in Greensboro;
``(dd) United States Route 220 to United States Route 1
near Rockingham;
``(ee) United States Route 1 to the South Carolina
State line; and
``(ff) South Carolina State line to Charleston, South
Carolina; and
``(II) in the case of I-74--
``(aa) I-77 from Bluefield, West Virginia, to the
junction of I-77 and the United States Route 52 connector
in Surry County, North Carolina;
``(bb) the I-77/United States Route 52 connector to
United States Route 52 south of Mount Airy, North Carolina;
``(cc) United States Route 52 to United States Route
311 in Winston-Salem, North Carolina;
``(dd) United States Route 311 to United States Route
220 in the vicinity of Randleman, North Carolina;
``(ee) United States Route 220 to United States Route
74 near Rockingham;
``(ff) United States Route 74 to United States Route 76
near Whiteville;
``(gg) United States Route 74/76 to the South Carolina
State line in Brunswick County; and
``(hh) South Carolina State line to Charleston, South
Carolina.'';
(C) in paragraph (18)--
(i) by striking ``and'';
(ii) by inserting ``Mississippi, Arkansas,'' after
``Tennessee,'';
(iii) by inserting after ``Texas'' the following: ``,
and to the Lower Rio Grande Valley at the border between
the United States and Mexico; and
(iv) by inserting before the period at the end the
following: ``, and to include the Corpus Christi Northside
Highway and Rail Corridor from the existing intersection of
United States Route 77 and Interstate Route 37 to United
States Route 181, including FM511 from United States Route
77 to the Port of Brownsville''; and
(D) by adding at the end the following:
``(22) The Alameda Transportation Corridor along Alameda Street
from the entrance to the ports of Los Angeles and Long Beach to
Interstate 10, Los Angeles, California.
``(23) The Interstate Route 35 Corridor from Laredo, Texas,
through Oklahoma City, Oklahoma, to Wichita, Kansas, to Kansas
City, Kansas/Missouri, to Des Moines, Iowa, to Minneapolis,
Minnesota, to Duluth, Minnesota.
``(24) The Dalton Highway from Deadhorse, Alaska to Fairbanks,
Alaska.
``(25) State Route 168 (South Battlefield Boulevard), Virginia,
from the Great Bridge Bypass to the North Carolina State line.
``(26) The CANAMEX Corridor from Nogales, Arizona, through Las
Vegas, Nevada, to Salt Lake City, Utah, to Idaho Falls, Idaho, to
Montana, to the Canadian Border as follows:
``(A) In the State of Arizona, the CANAMEX Corridor shall
generally follow--
``(i) I-19 from Nogales to Tucson;
``(ii) I-10 from Tucson to Phoenix; and
``(iii) United States Route 93 in the vicinity of
Phoenix to the Nevada Border.
``(B) In the State of Nevada, the CANAMEX Corridor shall
follow--
``(i) United States Route 93 from the Arizona Border to
Las Vegas; and
``(ii) I-15 from Las Vegas to the Utah Border.
``(C) From the Utah Border through Montana to the Canadian
Border, the CANAMEX Corridor shall follow I-15.
``(27) The Camino Real Corridor from El Paso, Texas, to Denver,
Colorado, as follows:
``(A) In the State of Texas, the Camino Real Corridor shall
generally follow--
``(i) arterials from the international ports of entry
to I-10 in El Paso County; and
``(ii) I-10 from El Paso County to the New Mexico
border.
``(B) In the State of New Mexico, the Camino Real Corridor
shall generally follow--
``(i) I-10 from the Texas Border to Las Cruces; and
``(ii) I-25 from Las Cruces to the Colorado Border.
``(C) In the State of Colorado, the Camino Real Corridor
shall generally follow I-25 from the New Mexico border to
Denver continuing to the Wyoming border.
``(D) In the State of Wyoming, the Camino Real Corridor
shall generally follow--
``(i) I-25 north to join with I-90 at Buffalo; and
``(ii) I-90 to the Montana border.
``(E) In the State of Montana, the Camino Real Corridor
shall generally follow--
``(i) I-90 to Billings; and
``(ii) Montana Route 3, United States Route 12, United
States Route 191, United States Route 87, to I-15 at Great
Falls; and
``(iii) I-15 from Great Falls to the Canadian border.
``(28) The Birmingham Northern Beltline beginning at I-59 in
the vicinity of Trussville, Alabama, and traversing westwardly
intersecting with United States Route 75, United States Route 79,
and United States Route 31; continuing southwestwardly intersecting
United States Route 78 and terminating at I-59 with the I-459
interchange.
``(29) The Coalfields Expressway beginning at Beckley, West
Virginia, to Pound, Virginia, generally following the corridor
defined as State Routes 54, 97, 10, 16, and 83.''.
(2) Inclusion of certain route segments on interstate system.--
Section 1105(e) of such Act (105 Stat. 2033) is amended by adding
at the end the following:
``(5) Inclusion of certain route segments on interstate
system.--
``(A) In general.--The portions of the routes referred to
in clauses (i), (ii), and (iii) of subsection (c)(5)(B), in
subsection (c)(9), and in subsections (c)(18) and (c)(20) that
are not a part of the Interstate System are designated as
future parts of the Interstate System. Any segment of such
routes shall become a part of the Interstate System at such
time as the Secretary determines that the segment--
``(i) meets the Interstate System design standards
approved by the Secretary under section 109(b) of title 23,
United States Code; and
``(ii) connects to an existing Interstate System
segment.
The portion of the route referred to in subsection (c)(9) is
designated as Interstate Route I-99.
``(B) Treatment of segments.--Subject to subparagraph (C),
segments designated as part of the Interstate System by this
paragraph and the mileage of such segments shall be treated in
the manner described in the last 2 sentences of section 139(a)
of title 23, United States Code.
``(C) Use of funds.--
``(i) General rule.--Funds apportioned under section
104(b)(5)(A) of title 23, United States Code, may be used
on a project to construct a portion of a route referred to
in this paragraph to standards set forth in section 109(b)
of such title if the State determines that the project for
which the funds were originally apportioned is unreasonably
delayed or no longer viable.
``(ii) Limitation.--If funds apportioned under section
104(b)(5)(A) of title 23, United States Code, for
completing a segment of the Interstate System are used on a
project pursuant to this subparagraph, no interstate
construction funds may be made available, after the date of
the enactment of this paragraph, for construction of such
segment.''.
(b) Feasibility Studies.--
(1) Evacuation routes for louisiana coastal areas.--Section
1105(e)(2) of such Act (105 Stat. 2033) is amended by adding at the
end the following: ``A feasibility study may be conducted under
this paragraph to identify routes that will expedite future
emergency evacuations of coastal areas of Louisiana.''.
(2) East-west transamerica corridor.--With amounts available to
the Secretary under section 1105(h) of the Intermodal Surface
Transportation Efficiency Act of 1991, the Secretary in cooperation
with the States of Virginia and West Virginia shall conduct a study
to determine the feasibility of establishing a route for the East-
West Transamerica Corridor (designated pursuant to section
1105(c)(3) of such Act) from Beckley, West Virginia, utilizing a
corridor entering Virginia near the city of Covington then moving
south from the Allegheny Highlands to serve Roanoke and continuing
east to Lynchburg. From there such route would continue across
Virginia to the Hampton Roads area.
(c) Corrections to Projects.--The table contained in section
1105(f) of such Act (105 Stat. 2033-2035) is amended--
(1) in item 1, relating to Pennsylvania, by inserting after
``For'' the following: ``the segment described in item 6 of this
table and up to $11,000,000 for'';
(2) in item 2, relating to Alabama, Georgia, Mississippi,
Tennessee, by inserting after ``Rt. 72'' the following: ``and up to
$1,500,000 from the State of Alabama's share of the project for
modification of the Keller Memorial Bridge in Decatur, Alabama, to
a pedestrian structure'';
(3) in item 21, relating to Louisiana, by inserting after
``Shreveport, Louisiana'' insert the following: ``, and up to
$6,000,000 for surface transportation projects in Louisiana,
including $4,500,000 for the I-10 and I-610 project in Jefferson
Parish, Louisiana, in the corridor between the St. Charles Parish
line and Tulane Avenue, $500,000 for noise analysis and safety
abatement measures or barriers along the Lakeview section of I-610
in New Orleans, and $1,000,000 for 3 highway studies (including
$250,000 for a study to widen United States Route 84/Louisiana
Route 6 traversing north Louisiana, $250,000 for a study to widen
Louisiana Route 42 from United States Route 61 to Louisiana Route
44 and extend to I-10 in East Ascension Parish, and $500,000 for a
study to connect I-20 on both sides of the Ouachita River)''; and
(4) in item 26, relating to Indiana, Kentucky, Tennessee, by
striking ``Newberry'' and inserting ``Evansville''.
(d) Coalfields Expressway Description.--The first sentence of
section 1069(v) of the Intermodal Surface Transportation Efficiency Act
of 1991 (105 Stat. 2010) is amended by striking ``93'' and inserting
the following: ``83, and from the West Virginia-Virginia State line
generally following Route 83 to Pound, Virginia.''.
SEC. 333. CORRECTIONS TO RURAL ACCESS PROJECTS.
The table contained in section 1106(a)(2) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2037-2042) is
amended--
(1) in item 18, relating to Louisiana, by inserting after ``in
Louisiana'' the following: ``and for Zachary Taylor Parkway,
Alexandria to Bogalusa, Louisiana, to I-59 in Mississippi not to
exceed $1,000,000'';
(2) in item 34, relating to Illinois, by striking
``Resurfacing'' and all that follows through ``Omaha'' and
inserting ``Bel-Air Road improvement from south of Carmi to State
Route 141 in southeastern White County'';
(3) in item 52, relating to Bedford Springs, Pennsylvania, by
striking ``and Huntington'' and inserting ``Franklin, and
Huntingdon'';
(4) in item 61, relating to Lubbock, Texas, by striking ``with
Interstate 20'' and inserting ``with Interstate 10 through
Interstate 20 and Interstate 27 north of Amarillo to the border
between Texas and Oklahoma'';
(5) in item 71, relating to Chautauqua County, New York, by
inserting ``and other improvements'' after ``expressway lanes'';
(6) in item 75, relating to Pennsylvania, by striking ``Widen''
and all that follows through ``lanes'' and inserting ``Road
improvements on a 14-mile segment of United States Route 15 in
Lycoming County, Pennsylvania'';
(7) in item 93, relating to New Mexico, by striking ``Raton-
Clayton Rd., Clayton, New Mexico'' and inserting ``United States
Route 64/87 from Raton, New Mexico, through Clayton to the border
between Texas and New Mexico''; and
(8) in item 111, relating to Parker County, Texas--
(A) by striking ``Parker County'' and inserting ``Parker
and Tarrant Counties''; and
(B) by striking ``to four-'' and inserting ``in Tarrant
County to freeway standards and in Parker County to a 4-''.
SEC. 334. CORRECTIONS TO URBAN ACCESS AND MOBILITY PROJECTS.
The table contained in section 1106(b)(2) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2043-2047) is
amended--
(1) in item 9, relating to New York, New York, by inserting
after ``NY'' the following: ``, $4,440,398, and redevelopment of
the James A. Farley Post Office, Pennsylvania Station, and
associated service buildings into an intermodal transportation
facility and commercial center, $11,159,602'';
(2) in item 13, relating to Joliet, Illinois, by striking ``and
construction and interchange at Houbolt Road and I-80'';
(3) in item 36, relating to Compton, California, by striking
``For a grade'' and all that follows through ``Corridor'' and
inserting ``For grade separations and other improvements in the
city of Compton, California''; and
(4) in item 52, relating to Chicago, Illinois, by striking
``Right-of-way'' and all that follows through ``Connector)'' and
inserting ``Reconstruct the Michigan Avenue viaduct''.
SEC. 335. CORRECTIONS TO INNOVATIVE PROJECTS.
The table contained in section 1107(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2048-2059) is
amended--
(1) in item 10, relating to Atlanta, Georgia, by striking
``(IVHS)'' and inserting ``(ITS)'';
(2) in item 19, relating to Water Street, Pennsylvania--
(A) by striking ``Water Street,''; and
(B) by inserting ``, or other projects in the counties of
Bedford, Blair, Centre, Franklin, and Huntingdon as selected by
the State of Pennsylvania'' after ``Pennsylvania'' the second
place it appears;
(3) in item 20, relating to Holidaysburg, Pennsylvania--
(A) by striking ``Holidaysburg,'' the first place it
appears; and
(B) by inserting ``, or other projects in the counties of
Bedford, Blair, Centre, Franklin, and Huntingdon as selected by
the State of Pennsylvania'' after ``Pennsylvania'' the second
place it appears;
(4) in item 24, relating to Pennsylvania, by inserting after
``line'' the following: ``and for the purchase, rehabilitation, and
improvement of any similar existing facility within a 150-mile
radius of such project, as selected by the State of Pennsylvania'';
(5) in item 29, relating to Blacksburg, Virginia--
(A) by inserting ``methods of facilitating public and
private participation in'' after ``demonstrate''; and
(B) by striking ``intelligent/vehicle highway systems'' and
inserting ``intelligent transportation systems'';
(6) in item 35, relating to Alabama, by striking ``to bypass''
and all that follows through ``I-85'' and inserting ``beginning on
United States Route 80 west of Montgomery, Alabama, and connecting
to I-65 south of Montgomery and I-85 east of Montgomery'';
(7) in item 49, relating to Suffolk County, New York, by
inserting after ``perimeters'' the following: ``and provide funds
to the towns of Brookhaven, Riverhead, Smithtown, East Hampton,
Southold, Shelter Island, and Southampton for the purchase of
vehicles to meet the transportation needs of the elderly and
persons with disabilities'';
(8) in item 52, relating to Pennsylvania, by striking ``2'' and
all that follows through ``Pennsylvania'' and inserting ``or
rehabilitate (or both) highway and transportation infrastructure
projects within 30 miles of I-81 or I-80 in northeastern
Pennsylvania'';
(9) in item 61, relating to Mojave, California--
(A) by striking ``Mojave'' and inserting ``Victorville'';
and
(B) by inserting ``Mojave'' after ``reconstruct'';
(10) in item 68, relating to Portland/S. Portland, Maine--
(A) by striking ``Portland/S. Portland,''; and
(B) by inserting after ``Bridge'' the following: ``and
improvements to the Carlton Bridge in Bath-Woolworth'';
(11) in item 76, relating to Tennessee--
(A) by inserting ``Improved access to'' before ``I-81'';
(B) by striking ``Interchange''; and
(C) by inserting after ``Tennessee'' the second place it
appears the following: ``via improvements at I-181/Eastern Star
Road and I-81/Kendrick Creek Road'';
(12) in item 100, relating to Arkansas, by striking
``Thornton'' and inserting ``Little Rock'';
(13) in item 113, relating to Durham County, North Carolina, by
inserting after ``Route 147'' the following: ``, including the
interchange at I-85'';
(14) in item 114, relating to Corpus Christi to Angleton,
Texas, by striking ``Construct new multi-lane freeway'' and
inserting ``Construct a 4-lane divided highway'';
(15) in item 162, relating to New York, New York, by inserting
after ``paint'' the following: ``, $40,000,000, and James A. Farley
Post Office, Pennsylvania Station, and associated service
buildings: redevelopment, $15,000,000'';
(16) in item 193, relating to Corning, New York, by inserting
``and other improvements'' after ``expressway lanes''; and
(17) in item 196, relating to Orlando, Florida--
(A) by striking ``Orlando,''; and
(B) by striking ``Land'' and all that follows through
``project'' and inserting ``One or more regionally significant,
intercity ground transportation projects''.
SEC. 336. CORRECTIONS TO INTERMODAL PROJECTS.
The table contained in section 1108(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2060-2063) is
amended--
(1) in item 9, relating to E. Haven/Wallingford, Connecticut--
(A) by striking ``for $8.8 million'';
(B) by striking ``for $2.4 million''; and
(C) by striking ``for $0.7 million'';
(2) in item 12, relating to Buffalo, New York, by inserting
after ``Project'' the following: ``and the Crossroads Arena
Project'';
(3) in item 31, relating to Los Angeles, California, by
striking ``To improve ground access from Sepulveda Blvd. to Los
Angeles, California'' and inserting the following: ``For the Los
Angeles International Airport central terminal ramp access project,
$3,500,000; for the widening of Aviation Boulevard south of
Imperial Highway, $3,500,000; for the widening of Aviation
Boulevard north of Imperial Highway, $1,000,000; and for
transportation systems management improvements in the vicinity of
the Sepulveda Boulevard/Los Angeles International Airport tunnel,
$950,000'';
(4) in item 33, relating to Orange County, New York, strike
``Stuart Airport Interchange Project'' and insert ``Stewart Airport
interchange projects''; and
(5) in item 38, relating to Provo, Utah, strike ``South'' and
all that follows through ``Airport'' and insert ``East-West
Connector from United States Route 89-189''.
SEC. 337. NATIONAL RECREATIONAL TRAILS.
(a) State Eligibility.--Section 1302(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (16 U.S.C. 1261(c)) is amended--
(1) by striking ``Act'' each place it appears and inserting
``part'';
(2) in paragraph (2)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(3) by adding at the end the following:
``(3) Federal share.--
``(A) Prior to fiscal year 2001.--Prior to October 1, 2000,
the Federal share of the cost of a project under this section
shall be 50 percent.
``(B) Fiscal year 2001 and thereafter.--For fiscal year
2001 and each fiscal year thereafter, a State shall be eligible
to receive moneys under this part for a fiscal year only if the
State agrees to expend from non-Federal sources for carrying
out projects under this part an amount equal to 20 percent of
the amount received by the State under this part in that fiscal
year.''.
(b) Administrative Costs.--Section 1302(d)(1) of such Act (16
U.S.C. 1261(d)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph (E); and
(3) by inserting after subparagraph (C) the following:
``(D) contracting for services with other land management
agencies; and''.
(c) Environmental Mitigation.--
(1) In general.--Section 1302(e) of such Act (16 U.S.C.
1261(e)) is amended--
(A) by redesignating paragraphs (5), (6), (7), and (8) as
paragraphs (6), (7), (8), and (9), respectively; and
(B) by inserting after paragraph (4) the following:
``(5) Environmental mitigation.--
``(A) Requirement.--To the extent practicable and
consistent with other requirements of this section, in
complying with paragraph (4), a State should give consideration
to project proposals that provide for the redesign,
reconstruction, nonroutine maintenance, or relocation of trails
in order to mitigate and minimize the impact to the natural
environment.
``(B) Guidance.--A recreational trail advisory board
satisfying the requirements of subsection (c)(2)(A) shall issue
guidance to a State for the purposes of implementing
subparagraph (A).
(2) Conforming amendment.--Section 1302(e)(4) of such Act (16
U.S.C. 1261(e)(4)) is amended by striking ``paragraphs (6) and
(8)(B)'' and inserting ``paragraphs (7) and (9)(B)''.
(d) Return of Moneys Not Expended.--Section 1302(e)(9)(B) of such
Act, as redesignated by subsection (c)(1)(A), is amended--
(1) by inserting ``the State'' before ``may be exempted''; and
(2) by striking ``and expended or committed'' and all that
follows before the period.
(e) Advisory Committee.--
(1) In general.--Section 1303(b) of such Act (16 U.S.C.
1262(b)) is amended--
(A) by striking ``11 members'' and inserting ``12
members'';
(B) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) 1 member appointed by the Secretary representing
individuals with disabilities;''.
(2) Conforming amendment.--Section 1303(c) of such Act (16
U.S.C. 1262(c)) is amended by striking ``subsection (b)(2)'' and
inserting ``subsection (b)(3)''.
(f) Funding.--Section 104 of title 23, United States Code, is
amended--
(1) by redesignating subsection (h) as subsection (j); and
(2) by inserting after subsection (g) the following:
``(h) National Recreational Trails Funding.--In addition to funds
made available from the National Recreational Trails Trust Fund, the
Secretary shall obligate, from administrative funds (contract
authority) deducted under subsection (a), to carry out section 1302 of
the Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C.
1261) $15,000,000 for each of fiscal years 1996 and 1997.''.
SEC. 338. INTELLIGENT TRANSPORTATION SYSTEMS.
(a) Improved Collaboration in Intelligent Transportation Systems
Research and Development.--Section 6054 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 307 note; 105 Stat.
2191-2192) is amended by adding at the end the following:
``(e) Collaborative Research and Development.--In carrying out this
part, the Secretary may carry out collaborative research and
development in accordance with section 307(a)(2) of title 23, United
States Code.''.
(b) Time Limit for Obligation of Funds for Intelligent
Transportation Systems Projects.--Section 6058 of such Act (23 U.S.C.
307 note; 105 Stat. 2194-2195) is amended--
(1) in subsection (e) by striking ``until expended'' and
inserting ``for obligation in accordance with this section''; and
(2) by adding at the end the following:
``(f) Obligation of Funds.--
``(1) In general.--Funds made available pursuant to subsections
(a) and (b) on or after the date of the enactment of this
subsection and other funds made available on or after that date to
carry out specific intelligent transportation systems projects
shall be obligated not later than the last day of the fiscal year
following the fiscal year for which the funds are made available.
Funds made available pursuant to subsections (a) and (b) before
such date of enactment shall remain available until expended.
``(2) Reallocation of funds.--If funds described in paragraph
(1) are not obligated by the date described in the paragraph, the
Secretary may make the funds available to carry out any other
project with respect to which funds may be made available under
subsection (a) or (b).''.
(c) Conforming Amendments.--
(1) Findings.--Section 6009(a)(6) of such Act (23 U.S.C. 307
note; 105 Stat. 2176) is amended by striking ``intelligent vehicle
highway systems'' and inserting ``intelligent transportation
systems''.
(2) Intelligent transportation systems generally.--Part B of
title VI of such Act (23 U.S.C. 307 note) is amended--
(A) by striking the part heading and inserting the
following:
``PART B--INTELLIGENT TRANSPORTATION SYSTEMS'';
(B) in section 6051 by striking ``Intelligent Vehicle-
Highway Systems'' and inserting ``Intelligent Transportation
Systems'';
(C) by striking ``intelligent vehicle-highway systems''
each place it appears and inserting ``intelligent
transportation systems'';
(D) in section 6054(a)(2)(A) by striking ``intelligent
vehicle-highway'' and inserting ``intelligent transportation
systems'';
(E) in the subsection heading for section 6054(b) by
striking ``Intelligent Vehicle-Highway Systems'' and inserting
``Intelligent Transportation Systems'';
(F) in the subsection heading for section 6056(a) by
striking ``IVHS'' and inserting ``ITS'';
(G) in the subsection heading for each of subsections (a)
and (b) of section 6058 by striking ``IVHS'' and inserting
``ITS''; and
(H) in the paragraph heading for section 6059(1) by
striking ``IVHS'' and inserting ``ITS''.
(3) DOT appropriations act.--Section 310(c)(3) of the
Department of Transportation and Related Agencies Appropriations
Act, 1995 (23 U.S.C. 104 note; 108 Stat. 2489-2490) is amended by
striking ``intelligent vehicle highway systems'' and inserting
``intelligent transportation systems''.
(4) HAZMAT.--Section 109(a) of the Hazardous Materials
Transportation Authorization Act of 1994 (23 U.S.C. 307 note) is
amended--
(A) by striking ``Intelligent Vehicle-Highway Systems''
each place it appears and inserting ``Intelligent
Transportation Systems''; and
(B) by striking ``intelligent vehicle-highway system'' and
inserting ``intelligent transportation system''.
(5) University research institute.--Section 5316(d) of title
49, United States Code, is amended--
(A) in the subsection heading by striking ``Intelligent
Vehicle-Highway'' and inserting ``Intelligent Transportation'';
and
(B) by striking ``intelligent vehicle-highway'' each place
it appears and inserting ``intelligent transportation''.
SEC. 339. ELIGIBILITY.
(a) Pennsylvania Turnpike and I-95.--
(1) Reconstruction and widening.--The project authorized by
section 162 of the Surface Transportation Assistance Act of 1982
(96 Stat. 2136) shall include reconstruction and widening to 6
lanes of existing Interstate Route 95 and of the Pennsylvania
Turnpike from United States Route 1 to the junction with the New
Jersey Turnpike, including the structure over the Delaware River.
(2) Federal share.--Notwithstanding any other provision of law,
the Federal share payable on account of the project referred to in
paragraph (1), including the additional through roadway and bridge
travel lanes, shall be 90 percent of the cost of the project.
(3) Tolls.--Notwithstanding section 301 of title 23, United
States Code, the project for construction of an interchange between
the Pennsylvania Turnpike and Interstate Route 95, including the
widening of the Pennsylvania Turnpike, shall be treated as a
reconstruction project described in section 129(a)(1)(B) of such
title and tolls may be continued on all traffic on the Pennsylvania
Turnpike between United States Route 1 and the New Jersey Turnpike.
(b) Type II Noise Barriers.--
(1) General rule.--No funds made available out of the Highway
Trust Fund may be used to construct Type II noise barriers (as
defined by section 772.5(i) of title 23, Code of Federal
Regulations) pursuant to subsections (h) and (i) of section 109 of
title 23, United States Code, if such barriers were not part of a
project approved by the Secretary before the date of the enactment
of this Act.
(2) Exceptions.--Paragraph (1) shall not apply to construction
of Type II noise barriers along lands that were developed or were
under substantial construction before approval of the acquisition
of the rights-of-ways for, or construction of, the existing
highway.
(c) Route Segments in Wyoming.--
(1) In general.--The Secretary shall cooperate with the State
of Wyoming in monitoring the changes in growth along, and traffic
patterns of, the route segments in Wyoming described in paragraph
(2), for the purpose of future consideration of the addition of the
route segments to the National Highway System in accordance with
section 103(b)(6) of title 23, United States Code.
(2) Route segments.--The route segments referred to in
paragraph (1) are--
(A) United States Route 191 from Rock Springs to Hoback
Junction;
(B) United States Route 16 from Worland to Interstate Route
90; and
(C) Wyoming Route 59 from Douglas to Gillette.
(d) Orange Street Bridge, Missoula, Montana.--Notwithstanding
section 149 of title 23, United States Code, or any other provision of
law, a project to construct new capacity for the Orange Street Bridge
in Missoula, Montana, shall be eligible for funding under the
congestion mitigation and air quality improvement program established
under such section.
(e) National Railroad Passenger Corporation Line.--The improvements
to, or adjacent to, the main line of the National Railroad Passenger
Corporation between milepost 190.23 at Central Falls, Rhode Island, and
milepost 168.53 at Davisville, Rhode Island, that are necessary to
support the rail movement of freight shall be eligible for funds
apportioned under sections 103(e)(4), 104(b)(2), and 104(b)(3) of title
23, United States Code.
(f) Pocono Northeast Railway Company Line.--The improvements to the
former Pocono Northeast Railway Company freight rail line by the
Luzerne County Redevelopment Authority that are necessary to support
the rail movement of freight shall be eligible for funds apportioned
under sections 104(b)(2) and 104(b)(3) of title 23, United States Code.
(g) Brightman Street Bridge, Fall River Harbor, Massachusetts.--
Notwithstanding any other provision of law, the Brightman Street Bridge
in Fall River Harbor, Massachusetts, may be reconstructed to result in
a clear channel width of less than 300 feet.
(h) Atlantic Intracoastal Waterway Bridge Replacement at Great
Bridge, Chesapeake, Virginia.--The project for navigation at Great
Bridge, Virginia, Highway 168, over the Atlantic Intracoastal Waterway
in Chesapeake, Virginia: Report of the Chief of Engineers, dated July
1, 1994, at a total cost of $23,680,000, with an estimated Federal cost
of $20,341,000 and an estimated non-Federal cost of $3,339,000. The
city of Chesapeake shall assume full ownership of the replacement
bridge to be constructed under the project, including all associated
operation, maintenance, repair, replacement, and rehabilitation costs.
(i) Federal Lands Highways Program.--Notwithstanding section 101(a)
of title 23, United States Code, and the requirements of sections 202
and 204 of such title, the highway projects described in section
149(a)(62) of the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (101 Stat. 191), section 1 of Public Law 100-211
(101 Stat. 1442), and Public Law 99-647 (100 Stat. 3625) and projects
on State Highway 488 within the Great Basin National Park, Nevada, and
United States Route 93 from Somers to Whitefish, Montana, shall be
eligible for assistance under sections 202 and 204 of such title. Any
funds allocated for fiscal year 1996 and thereafter for such projects
as a result of enactment of this subsection shall not affect the
apportionment adjustments made under section 1015 of the Intermodal
Surface Transportation Efficiency Act of 1991.
(j) Alameda Transportation Corridor, California.--Funds apportioned
to the State of California under section 104(b)(1) of title 23, United
States Code, for the National Highway System may be obligated for
construction of, and operational improvements for, grade separation
projects for the Alameda Transportation Corridor along Alameda Street
from the entrance to the ports of Los Angeles and Long Beach to
Interstate Route 10, Los Angeles, California. The Federal share of the
costs of such projects shall be determined in accordance with section
120(b) of such title.
SEC. 340. MISCELLANEOUS CORRECTIONS TO SURFACE TRANSPORTATION AND
UNIFORM RELOCATION ASSISTANCE ACT OF 1987.
(a) 34th Street Corridor Project in Moorhead, Minnesota.--Section
149(a)(5)(A) of the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (101 Stat. 181), relating to Minnesota, is
amended--
(1) by striking ``and'' at the end of clause (i); and
(2) by inserting ``and (iii) a safety overpass,'' after
``interchange,''.
(b) California.--Section 149(a)(69) of such Act (101 Stat. 191),
relating to Burbank-Glendale-Pasadena Airport, California, is amended--
(1) by striking ``highway'';
(2) by striking ``and construction of terminal and parking
facilities at such airport''; and
(3) by striking ``by making'' and all that follows through the
period at the end of the second sentence and inserting the
following: ``by preparing a feasibility study and conducting
preliminary engineering, design, and construction of a link between
such airport and the commuter rail system that is being developed
by the Los Angeles County Metropolitan Transportation Authority.''.
(c) Pennsylvania.--Section 149(a)(74) of such Act (101 Stat. 192)
is amended--
(1) by striking ``Chambersburg, pennsylvania'' in the paragraph
heading and inserting ``Pennsylvania''; and
(2) by inserting before the period at the end the following:
``and other projects in the counties of Bedford, Blair, Centre,
Franklin, and Huntingdon, Pennsylvania''.
(d) Louisiana.--
(1) Rural access project.--Section 149(a)(87) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101
Stat. 194) is amended--
(A) by striking ``West calcasieu parish, louisiana'' and
inserting ``Louisiana''; and
(B) by inserting before the period at the end the
following: ``and construction of roads and a bridge to provide
access to the Rose Bluff industrial area, Lake Charles,
Louisiana''.
(2) I-10 exit ramp and other projects.--Section 149(a)(89) of
the Surface Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 194) is amended--
(A) by inserting ``and lake charles'' after ``lafayette''
in the paragraph heading; and
(B) by inserting before the period at the end the
following: ``and, of amounts made available to carry out this
paragraph, may use up to $456,022 to carry out a comprehensive
transportation and land use plan for Lafayette, Louisiana,
$1,000,000 to carry out a project to construct an exit ramp
from the eastbound side of Interstate Route 10 to Ryan Street
in Lake Charles, Louisiana, and $269,661 to carry out projects
described in paragraph (90)''.
(3) Contraband bridge.--Section 149(a)(90) of such Act (101
Stat. 194) is amended--
(A) by inserting ``and lake charles'' after ``lafayette''
in the paragraph heading; and
(B) by inserting before the period at the end ``and a
project to construct the Contraband Bridge portion of the
Nelson Access Road Project''.
(e) Maryland.--Section 149(a)(92) of such Act (101 Stat. 194) is
amended--
(1) by striking ``United states route 48'' in the paragraph
heading and inserting ``Washington and frederick counties''; and
(2) by inserting ``and to construct an interchange between
Interstate Route 70 and Interstate Route 270 in Frederick County,
Maryland'' after ``Mountain Road''.
(f) North Dakota.--Of funds remaining available for obligation
under sections 149(a)(111)(C), 149(a)(111)(E), 149(a)(111)(J),
149(a)(111)(K), 149(a)(111)(L), 149(a)(111)(M), and 149(a)(112) of the
Surface Transportation and Uniform Relocation Assistance Act of 1987,
$217,440 shall be made available for the repair of County Road 8 west
of Lawton, Ramsey County, North Dakota. The remainder of such funds
shall be made available to the North Dakota department of
transportation for flood prevention and repair activities on North
Dakota county roads on a Federal-aid system that are threatened by
flooding (as determined by the North Dakota department of
transportation).
SEC. 341. ACCESSIBILITY OF OVER-THE-ROAD BUSES TO INDIVIDUALS WITH
DISABILITIES.
Section 306(a)(2)(B)(iii) of the Americans With Disabilities Act of
1990 (42 U.S.C. 12186(a)(2)(B)(iii)) is amended--
(1) in subclause (I) by striking ``7 years after the date of
the enactment of this Act'' and inserting ``3 years after the date
of issuance of final regulations under clause (ii)''; and
(2) in subclause (II) by striking ``6 years after such date of
enactment'' and inserting ``2 years after the date of issuance of
such final regulations''.
SEC. 342. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
(a) Mass Transit Testing.--Section 5331(b) of title 49, United
States Code, is amended by striking the subsection designation and all
that follows through paragraph (1)(A) and inserting the following:
``(b) Testing Program for Mass Transportation Employees.--(1)(A) In
the interest of mass transportation safety, the Secretary shall
prescribe regulations that establish a program requiring mass
transportation operations that receive financial assistance under
section 5307, 5309, or 5311 of this title or section 103(e)(4) of title
23 to conduct preemployment, reasonable suspicion, random, and post-
accident testing of mass transportation employees responsible for
safety-sensitive functions (as decided by the Secretary) for the use of
a controlled substance in violation of law or a United States
Government regulation, and to conduct reasonable suspicion, random, and
post-accident testing of such employees for the use of alcohol in
violation of law or a United States Government regulation. The
regulations shall permit such operations to conduct preemployment
testing of such employees for the use of alcohol.''.
(b) Railroad Testing.--Section 20140(b)(1)(A) of title 49, United
States Code, is amended to read as follows:
``(A) a railroad carrier to conduct preemployment, reasonable
suspicion, random, and post-accident testing of all railroad
employees responsible for safety-sensitive functions (as decided by
the Secretary) for the use of a controlled substance in violation
of law or a United States Government regulation, and to conduct
reasonable suspicion, random, and post-accident testing of such
employees for the use of alcohol in violation of law or a United
States Government regulation; the regulations shall permit such
railroad carriers to conduct preemployment testing of such
employees for the use of alcohol; and''.
(c) Motor Carrier Testing.--Section 31306(b) of such title is
amended by striking the subsection designation and all that follows
through paragraph (1)(A) and inserting the following:
``(b) Testing Program for Operators of Commercial Motor Vehicles.--
(1)(A) In the interest of commercial motor vehicle safety, the
Secretary of Transportation shall prescribe regulations that establish
a program requiring motor carriers to conduct preemployment, reasonable
suspicion, random, and post-accident testing of operators of commercial
motor vehicles for the use of a controlled substance in violation of
law or a United States Government regulation and to conduct reasonable
suspicion, random, and post-accident testing of such operators for the
use of alcohol in violation of law or a United States Government
regulation. The regulations shall permit such motor carriers to conduct
preemployment testing of such employees for the use of alcohol.''.
(d) Aviation Testing.--
(1) Program for employees of air carriers and foreign air
carriers.--Section 45102(a) of title 49, United States Code, is
amended by striking the subsection designation and all that follows
through paragraph (1) and inserting the following:
``(a) Program for Employees of Air Carriers and Foreign Air
Carriers.--(1) In the interest of aviation safety, the Administrator of
the Federal Aviation Administration shall prescribe regulations that
establish a program requiring air carriers and foreign air carriers to
conduct preemployment, reasonable suspicion, random, and post-accident
testing of airmen, crew members, airport security screening contract
personnel, and other air carrier employees responsible for safety-
sensitive functions (as decided by the Administrator) for the use of a
controlled substance in violation of law or a United States Government
regulation; and to conduct reasonable suspicion, random, and post-
accident testing of airmen, crew members, airport security screening
contract personnel, and other air carrier employees responsible for
safety-sensitive functions (as decided by the Administrator) for the
use of alcohol in violation of law or a United States Government
regulation. The regulations shall permit air carriers and foreign air
carriers to conduct preemployment testing of airmen, crew members,
airport security screening contract personnel, and other air carrier
employees responsible for safety-sensitive functions (as decided by the
Administrator) for the use of alcohol.''.
(2) Program for employees of the federal aviation
administration.--Section 45102(b) of title 49, United States Code,
is amended by striking the subsection designation and all that
follows through paragraph (1) and inserting the following:
``(b) Program for Employees of the Federal Aviation
Administration.--(1) The Administrator shall establish a program of
preemployment, reasonable suspicion, random, and post-accident testing
for the use of a controlled substance in violation of law or a United
States Government regulation for employees of the Administration whose
duties include responsibility for safety-sensitive functions and shall
establish a program of reasonable suspicion, random, and post-accident
testing for the use of alcohol in violation of law or a United States
Government regulation for such employees. The Administrator may
establish a program of preemployment testing for the use of alcohol for
such employees.''.
SEC. 343. NATIONAL DRIVER REGISTER.
Section 30308(a) of title 49, United States Code, is amended by
striking ``and $2,550,000 for fiscal year 1995'' and inserting ``and
$2,550,000 for each of fiscal years 1995 and 1996''.
SEC. 344. COMMERCIAL MOTOR VEHICLE SAFETY PILOT PROGRAM.
Section 31136(e) of title 49, United States Code, is amended--
(1) by inserting ``(1) In general.--'' before ``After'';
(2) by indenting paragraph (1), as designated by paragraph (1)
of this section, and moving that paragraph 2 ems to the right; and
(3) by adding at the end the following:
``(2) Commercial motor vehicle safety pilot program.--
``(A) In general.--Not later than the 270th day following
the date of the enactment of this paragraph, the Secretary
shall implement a commercial motor vehicle regulatory relief
and safety pilot program (hereinafter in this paragraph
referred to as the `program') to grant and to monitor
exemptions from the provisions of this section and sections 504
and 31502. The program shall provide that the Secretary, within
120 days after receiving an application for participation in
the program from an employer, shall determine whether to exempt
some or all of the eligible vehicles operated by the applicant,
and some or all of the drivers of such vehicles employed by the
applicant, from some or all of the regulations prescribed under
this section and sections 504 and 31502--
``(i) if the applicant has a satisfactory safety rating
issued by the Secretary or meets criteria established by
the Secretary pursuant to subparagraph (J) instead of such
rating; and
``(ii) if the applicant and the Secretary enter into an
agreement that provides that the applicant while
participating in the program--
``(I) shall operate safely;
``(II) shall provide the Secretary with accident
and nonconfidential insurance-related information
relevant to the safety performance of the applicant and
vehicles and drivers of the applicant subject to the
program;
``(III) shall use in the program only drivers with
good safety records in the preceding 36 months and who
maintain such good safety records while in the program;
and
``(IV) shall implement such safety management
controls as the Secretary (in cooperation with the
applicant) determines are necessary to carry out the
objectives of this subsection.
``(B) Safety management controls.--Safety management
controls implemented by participants in the program shall be
designed to achieve a level of operational safety equal to or
greater than that resulting from compliance with the
regulations prescribed under this section and sections 504 and
31502.
``(C) Paperwork burden to be minimized.--The Secretary
shall ensure that participants in the program are subject to a
minimum of paperwork and regulatory burdens necessary to ensure
compliance with the requirements of the program.
``(D) Encouragement of advanced technology.--The Secretary
shall encourage participants in the program to use such
advanced technologies as may be necessary to ensure compliance
with the requirements of the program.
``(E) Approval factors.--In approving applicants for
participation in the program, the Secretary shall--
``(i) ensure that the participants represent a broad
cross-section of fleet size and drivers of eligible
vehicles; and
``(ii) ensure participation by qualified applicants,
except to the extent limited by resources of the Secretary
that are necessary to permit effective monitoring under
subparagraph (G).
``(F) Modifications to reflect changes in regulations.--If
there is a material change in the regulations prescribed under
this section or section 504 or 31502, the Secretary shall
require each participant in the program to modify the safety
management controls applicable to such participant, and the
agreement provided for in subparagraph (A)(ii), to the extent
necessary to reflect the material change.
``(G) Monitoring.--The Secretary and participants in the
program shall monitor periodically the safety of vehicles and
drivers subject to the program.
``(H) Termination of participation.--A participant shall
participate in the program until--
``(i) the Secretary finds that--
``(I) the participant has exceeded the average
ratio of preventable accidents to vehicle miles
traveled for a period of 12 months for eligible
vehicles;
``(II) the participant has failed to comply with
the requirements established by the Secretary for
participation in the program (including applicable
safety management controls); or
``(III) continued participation in the program is
not in the public interest; or
``(ii) the participant voluntarily withdraws from the
program.
``(I) Emergencies.--The Secretary may suspend or modify
participation in the program in case of emergency.
``(J) Guidelines.--
``(i) In general.--Not later than the 270th day
following the date of the enactment of this paragraph, the
Secretary, after notice and opportunity for comment, shall
establish criteria and define any terms necessary for
implementing the program consistent with this section. In
establishing the criteria, the Secretary may consider to
what extent and under what conditions safety management
controls may substitute, in whole or in part, for
compliance with some or all of the regulations prescribed
under this section and sections 504 and 31502.
``(ii) Limitation.--Notwithstanding clause (i), the
program shall take effect on or before the 270th day
following the date of the enactment of this paragraph. If
the rulemaking described in clause (i) is not completed on
or before such 270th day, the Secretary shall issue interim
criteria, consistent with this section, pending the
completion of the rulemaking described in this subsection.
``(K) Eligible vehicles.--For purposes of this subsection,
the term `eligible vehicle' means a commercial motor vehicle
with a gross vehicle weight rating of at least 10,001 pounds,
but not more than 26,000 pounds, other than a vehicle--
``(i) designed to transport more than 15 passengers,
including the driver; or
``(ii) used in transporting material found by the
Secretary to be hazardous under section 5103 and
transported in a quantity requiring placarding under the
regulations issued under such section.
``(3) Review of regulations.--Based in part on the information
and experience obtained from the program, the Secretary shall
conduct a zero-based review of the need for, and the costs and
benefits of, all regulations prescribed under this section and
sections 504 and 31502 to determine whether and to what extent such
regulations should apply to eligible vehicles. The review shall
focus on the appropriate level of safety that is in the public
interest and the paperwork and regulatory burdens of such
regulations as the regulations apply to employers and employees
that use such vehicles. The Secretary shall complete the review by
the last day of the 3-year period beginning on the date of the
enactment of this paragraph. Upon completion of the review, the
Secretary shall, after notice and an opportunity for public
comment, grant such exemptions or modify or repeal existing
regulations to the extent appropriate.''.
SEC. 345. EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL MOTOR
VEHICLES AND THEIR OPERATORS.
(a) Exemptions.--
(1) Transportation of agricultural commodities and farm
supplies.--Regulations prescribed by the Secretary under sections
31136 and 31502 of title 49, United States Code, regarding maximum
driving and on-duty time for drivers used by motor carriers shall
not apply to drivers transporting agricultural commodities or farm
supplies for agricultural purposes in a State if such
transportation is limited to an area within a 100 air mile radius
from the source of the commodities or the distribution point for
the farm supplies and is during the planting and harvesting seasons
within such State, as determined by the State.
(2) Transportation and operation of ground water well drilling
rigs.--Such regulations shall, in the case of a driver of a
commercial motor vehicle who is used primarily in the
transportation and operation of a ground water well drilling rig,
permit any period of 7 or 8 consecutive days to end with the
beginning of an off-duty period of 24 or more consecutive hours for
the purposes of determining maximum driving and on-duty time.
(3) Transportation of construction materials and equipment.--
Such regulations shall, in the case of a driver of a commercial
motor vehicle who is used primarily in the transportation of
construction materials and equipment, permit any period of 7 or 8
consecutive days to end with the beginning of an off-duty period of
24 or more consecutive hours for the purposes of determining
maximum driving and on-duty time.
(4) Drivers of utility service vehicles.--Such regulations
shall, in the case of a driver of a utility service vehicle, permit
any period of 7 or 8 consecutive days to end with the beginning of
an off-duty period of 24 or more consecutive hours for the purposes
of determining maximum driving and on-duty time.
(5) Snow and ice removal.--A State may waive the requirements
of chapter 313 of title 49, United States Code, with respect to a
vehicle that is being operated within the boundaries of an eligible
unit of local government by an employee of such unit for the
purpose of removing snow or ice from a roadway by plowing, sanding,
or salting. Such waiver authority shall only apply in a case where
the employee is needed to operate the vehicle because the employee
of the eligible unit of local government who ordinarily operates
the vehicle and who has a commercial drivers license is unable to
operate the vehicle or is in need of additional assistance due to a
snow emergency.
(b) Preemption.--Nothing contained in this section shall require
the preemption of State laws and regulations concerning the safe
operation of commercial motor vehicles as the result of exemptions from
Federal requirements provided under this section.
(c) Review by the Secretary.--The Secretary may conduct a
rulemaking proceeding to determine whether granting any exemption
provided by subsection (a) (other than paragraph (2)) is not in the
public interest and would have a significant adverse impact on the
safety of commercial motor vehicles. If, at any time as a result of
such a proceeding, the Secretary determines that granting such
exemption would not be in the public interest and would have a
significant adverse impact on the safety of commercial motor vehicles,
the Secretary may prevent the exemption from going into effect, modify
the exemption, or revoke the exemption. The Secretary may develop a
program to monitor the exemption, including agreements with carriers to
permit the Secretary to examine insurance information maintained by an
insurer on a carrier.
(d) Report.--The Secretary shall monitor the commercial motor
vehicle safety performance of drivers of vehicles that are subject to
an exemption under this section. If the Secretary determines that
public safety has been adversely affected by an exemption granted under
this section, the Secretary shall report to Congress on the
determination.
(e) Definitions.--In this section, the following definitions apply:
(1) 7 or 8 consecutive days.--The term ``7 or 8 consecutive
days'' means the period of 7 or 8 consecutive days beginning on any
day at the time designated by the motor carrier for a 24-hour
period.
(2) 24-hour period.--The term ``24-hour period'' means any 24
consecutive hour period beginning at the time designated by the
motor carrier for the terminal from which the driver is normally
dispatched.
(3) Ground water well drilling rig.--The term ``ground water
well drilling rig'' means any vehicle, machine, tractor, trailer,
semi-trailer, or specialized mobile equipment propelled or drawn by
mechanical power and used on highways to transport water well field
operating equipment, including water well drilling and pump service
rigs equipped to access ground water.
(4) Transportation of construction materials and equipment.--
The term ``transportation of construction materials and equipment''
means the transportation of construction and pavement materials,
construction equipment, and construction maintenance vehicles, by a
driver to or from an active construction site (a construction site
between initial mobilization of equipment and materials to the site
to the final completion of the construction project) within a 50
air mile radius of the normal work reporting location of the
driver. This paragraph does not apply to the transportation of
material found by the Secretary to be hazardous under section 5103
of title 49, United States Code, in a quantity requiring placarding
under regulations issued to carry out such section.
(5) Eligible unit of local government.--The term ``eligible
unit of local government'' means a city, town, borough, county,
parish, district, or other public body created by or pursuant to
State law which has a total population of 3,000 individuals or
less.
(6) Utility service vehicle.--The term ``utility service
vehicle'' means any commercial motor vehicle--
(A) used in the furtherance of repairing, maintaining, or
operating any structures or any other physical facilities
necessary for the delivery of public utility services,
including the furnishing of electric, gas, water, sanitary
sewer, telephone, and television cable or community antenna
service;
(B) while engaged in any activity necessarily related to
the ultimate delivery of such public utility services to
consumers, including travel or movement to, from, upon, or
between activity sites (including occasional travel or movement
outside the service area necessitated by any utility emergency
as determined by the utility provider); and
(C) except for any occasional emergency use, operated
primarily within the service area of a utility's subscribers or
consumers, without regard to whether the vehicle is owned,
leased, or rented by the utility.
(f) Effective Date.--Subsection (a) of this section shall take
effect on the 180th day following the date of the enactment of this
Act; except that paragraphs (1) and (2) of subsection (a) shall take
effect on such date of enactment.
SEC. 346. WINTER HOME HEATING OIL DELIVERY STATE FLEXIBILITY
PROGRAM.
(a) In General.--After notice and opportunity for comment, the
Secretary shall develop and implement a pilot program for the purpose
of evaluating waivers of the regulations issued by the Secretary
pursuant to sections 31136 and 31502 of title 49, United States Code,
relating to maximum on-duty time, and sections 31102 and 31104(j) of
such title, relating to the Motor Carrier Safety Assistance Program, to
permit any period of 7 or 8 consecutive days to end with the beginning
of an off-duty period of 24 or more consecutive hours for the purposes
of determining maximum on-duty time for drivers of motor vehicles
making intrastate home heating oil deliveries that occur within 100 air
miles of a central terminal or distribution point of the delivery of
such oil. The Secretary may approve up to 5 States to participate in
the pilot program during the winter heating season in the 6-month
period beginning on November 1, 1996.
(b) Approval Criteria.--The Secretary shall select States to
participate in the pilot program upon approval of applications
submitted by States to the Secretary. The Secretary shall act on a
State's application within 30 days after the date of its submission.
The Secretary may only approve an application of a State under this
section if the Secretary finds, at a minimum, that--
(1) a substantial number of the citizens of the State rely on
home heating oil for heat during winter months;
(2) current maximum on-duty time regulations may endanger the
welfare of these citizens by impeding timely deliveries of home
heating oil;
(3) the State will ensure an equal to or greater level of
safety with respect to home heating oil deliveries than the level
of safety resulting from compliance with the regulations referred
to in subsection (a);
(4) the State will monitor the safety of home heating oil
deliveries while participating in the program;
(5) employers of deliverers of home heating oil that will be
covered by the program will agree to make all safety data developed
from the pilot program available to the State and to the Secretary;
(6) the State will only permit employers of deliverers of home
heating oil with satisfactory safety records to be covered by the
program; and
(7) the State will comply with such other criteria as the
Secretary determines are necessary to implement the program
consistent with this section.
(c) Participation in Program.--Upon approval of an application of a
State under this section, the Secretary shall permit the State to
participate in the pilot program for an initial period of 15 days
during the winter heating season of the State (as determined by the
Governor and the Secretary). If, after the last day of such 15-day
period, the Secretary finds that a State's continued participation in
the program is consistent with this section and has resulted in no
significant adverse impact on public safety and is in the public
interest, the Secretary shall extend the State's participation in the
program for periods of up to 30 additional days during such heating
season.
(d) Suspension From Program.--The Secretary may suspend a State's
participation in the pilot program at any time if the Secretary finds--
(1) that the State has not complied with any of the criteria
for participation in the program under this section;
(2) that a State's participation in the program has caused a
significant adverse impact on public safety and is not in the
public interest; or
(3) the existence of an emergency.
(e) Review by Secretary.--Within 90 days after the completion of
the pilot program, the Secretary shall initiate a rulemaking to
determine, based in part on the results of the program, whether to--
(1) permit a State to grant waivers of the regulations referred
to in subsection (a) to motor carriers transporting home heating
oil within the borders of the State, subject to such conditions as
the Secretary may impose, if the Secretary determines that such
waivers by the State meet the conditions in section 31136(e) of
title 49, United States Code; or
(2) amend the regulations referred to in subsection (a) as may
be necessary to provide flexibility to motor carriers delivering
home heating oil during winter periods of peak demand.
(f) Definition.--In this section, the term ``7 or 8 consecutive
days'' has the meaning such term has under section 345 of this Act.
SEC. 347. SAFETY REPORT.
Not later than September 30, 1997, the Secretary, in cooperation
with any State which raises any speed limit in such State to a level
above the level permitted under section 154 of title 23, United States
Code, as such section was in effect on September 15, 1995, shall
prepare and submit to Congress a study of--
(1) the costs to such State of deaths and injuries resulting
from motor vehicle crashes; and
(2) the benefits associated with the repeal of the national
maximum speed limit.
SEC. 348. MORATORIUM ON CERTAIN EMISSIONS TESTING REQUIREMENTS.
(a) In General.--The Administrator of the Environmental Protection
Agency (hereinafter in this section referred to as the
``Administrator'') shall not require adoption or implementation by a
State of a test-only I/M240 enhanced vehicle inspection and maintenance
program as a means of compliance with section 182 or 187 of the Clean
Air Act (42 U.S.C. 7511a; 7512a), but the Administrator may approve
such a program if a State chooses to adopt the program as a means of
compliance with such section.
(b) Limitation on Plan Disapproval.--The Administrator shall not
disapprove or apply an automatic discount to a State implementation
plan revision under section 182 or 187 of the Clean Air Act (42 U.S.C.
7511a; 7512a) on the basis of a policy, regulation, or guidance
providing for a discount of emissions credits because the inspection
and maintenance program in such plan revision is decentralized or a
test-and-repair program.
(c) Emissions Reduction Credits.--
(1) State plan revision; approval.--Within 120 days of the date
of the enactment of this subsection, a State may submit an
implementation plan revision proposing an interim inspection and
maintenance program under section 182 or 187 of the Clean Air Act
(42 U.S.C. 7511a; 7512a). The Administrator shall approve the
program based on the full amount of credits proposed by the State
for each element of the program if the proposed credits reflect
good faith estimates by the State and the revision is otherwise in
compliance with such Act. If, within such 120-day period, the State
submits to the Administrator proposed revisions to the
implementation plan, has all of the statutory authority necessary
to implement the revisions, and has proposed a regulation to make
the revisions, the Administrator may approve the revisions without
regard to whether or not such regulation has been issued as a final
regulation by the State.
(2) Expiration of interim approval.--The interim approval shall
expire on the earlier of (A) the last day of the 18-month period
beginning on the date of the interim approval, or (B) the date of
final approval. The interim approval may not be extended.
(3) Final approval.--The Administrator shall grant final
approval of the revision based on the credits proposed by the State
during or after the period of interim approval if data collected on
the operation of the State program demonstrates that the credits
are appropriate and the revision is otherwise in compliance with
the Clean Air Act.
(4) Basis of approval; no automatic discount.--Any
determination with respect to interim or full approval shall be
based on the elements of the program and shall not apply any
automatic discount because the program is decentralized or a test-
and-repair program.
SEC. 349. ROADS ON FEDERAL LANDS.
(a) Moratorium.--
(1) In general.--Notwithstanding any other provision of law, no
agency of the Federal Government may take any action to prepare,
promulgate, or implement any rule or regulation addressing rights-
of-way authorized pursuant to section 2477 of the Revised Statutes
(43 U.S.C. 932), as such section was in effect before October 21,
1976.
(2) Sunset.--This subsection shall not be effective after
September 30, 1996.
(b) Requirement of Transfer of County Road Corridors.--
(1) Definitions.--In this subsection, the following definitions
apply:
(A) County road corridor.--The term ``county road
corridor'' means a corridor that is comprised of--
(i) a Shenandoah county road; and
(ii) land contiguous to the road that is selected by
the Secretary of the Interior, in consultation with the
Governor of the State of Virginia, such that the width of
the corridor is 50 feet.
(B) Shenandoah county road.--The term ``Shenandoah county
road'' means the portion of any of the following roads that is
located in the Shenandoah National Park and that has been in
general use as a public roadway prior to the date of the
enactment of this Act:
(i) Madison County Route 600.
(ii) Rockingham County Route 624.
(iii) Rockingham County Route 625.
(iv) Rockingham County Route 626.
(v) Warren County Route 604.
(vi) Page County Route 759.
(vii) Page County Route 611.
(viii) Page County Route 682.
(ix) Page County Route 662.
(x) Augusta County Route 611.
(xi) Augusta County Route 619.
(xii) Albemarle County Route 614.
(xiii) Augusta County Route 661.
(xiv) Rockingham County Route 663.
(xv) Rockingham County Route 659.
(xvi) Page County Route 669.
(xvii) Rockingham County Route 661.
(xviii) Criser Road (to the town of Front Royal).
(xix) The Government-owned parcel connecting Criser
Road to the Warren County School Board parcel.
(2) Purpose.--The purpose of this subsection is to permit the
State of Virginia to maintain and provide for safe public use of
certain roads that the State donated to the United States at the
time of the establishment of Shenandoah National Park.
(3) Transfer.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Interior shall transfer
to the State of Virginia, without consideration or reimbursement,
all right, title, and interest of the United States in and to each
county road corridor.
(4) Reversion.--A transfer under paragraph (3) shall be subject
to the condition that if at any time a county road corridor is
withdrawn from general use as a public roadway, all right, title,
and interest in the county road corridor shall revert to the United
States.
SEC. 350. STATE INFRASTRUCTURE BANK PILOT PROGRAM.
(a) In General.--
(1) Cooperative agreements.--Subject to the provisions of this
section, the Secretary may enter into cooperative agreements with
not to exceed 10 States for the establishment of State
infrastructure banks and multistate infrastructure banks for making
loans and providing other assistance to public and private entities
carrying out or proposing to carry out projects eligible for
assistance under this section.
(2) Interstate compacts.--Congress grants consent to 2 or more
of the States, entering into a cooperative agreement under
paragraph (1) with the Secretary for the establishment of a
multistate infrastructure bank, to enter into an interstate compact
establishing such bank in accordance with this section.
(b) Funding.--
(1) Separate accounts.--An infrastructure bank established
under this section shall maintain a separate highway account for
Federal funds contributed to the bank under paragraph (2) and a
separate transit account for Federal funds contributed to the bank
under paragraph (3). No Federal funds contributed or credited to an
account of an infrastructure bank established under this section
may be commingled with Federal funds contributed or credited to any
other account of such bank.
(2) Highway account.--Notwithstanding any other provision of
law, the Secretary may allow, subject to subsection (g)(1), a State
entering into a cooperative agreement under this section to
contribute not to exceed--
(A) 10 percent of the funds apportioned to the State for
each of fiscal years 1996 and 1997 under each of sections
104(b)(1), 104(b)(3), 104(b)(5)(B), 144, and 160 of title 23,
United States Code, and section 1015 of the Intermodal Surface
Transportation Efficiency Act of 1991; and
(B) 10 percent of the funds allocated to the State for each
of such fiscal years under each of section 157 of such title
and section 1013(c) of such Act;
into the highway account of the infrastructure bank established by
the State. Federal funds contributed to such account under this
paragraph shall constitute for purposes of this section a
capitalization grant for the highway account of the infrastructure
bank.
(3) Transit account.--Notwithstanding any other provision of
law, the Secretary may allow, subject to subsection (g)(1), a State
entering into a cooperative agreement under this section, and any
other Federal transit grant recipient, to contribute not to exceed
10 percent of the funds made available to the State or other
Federal transit grant recipient in each of fiscal years 1996 and
1997 for capital projects under sections 5307, 5309, and 5311 of
title 49, United States Code, into the transit account of the
infrastructure bank established by the State. Federal funds
contributed to such account under this paragraph shall constitute
for purposes of this section a capitalization grant for the transit
account of the infrastructure bank.
(4) Special rule for urbanized areas of over 200,000.--Funds
that are apportioned or allocated to a State under section
104(b)(3) or 160 of title 23, United States Code, or under section
1013(c) or 1015 of the Intermodal Surface Transportation Efficiency
Act of 1991 and attributed to urbanized areas of a State with an
urbanized population of over 200,000 under section 133(d)(3) of
such title may be used to provide assistance with respect to a
project only if the metropolitan planning organization designated
for such area concurs, in writing, with the provision of such
assistance.
(c) Forms of Assistance From Infrastructure Banks.--An
infrastructure bank established under this section may make loans or
provide other assistance to a public or private entity in an amount
equal to all or part of the cost of carrying out a project eligible for
assistance under this section. The amount of any loan or other
assistance provided for such project may be subordinated to any other
debt financing for the project. Initial assistance provided with
respect to a project from Federal funds contributed to an
infrastructure bank under this section may not be made in the form of a
grant.
(d) Qualifying Projects.--Federal funds in the highway account of
an infrastructure bank established under this section may be used only
to provide assistance with respect to construction of Federal-aid
highways. Federal funds in the transit account of such bank may be used
only to provide assistance with respect to capital projects.
(e) Infrastructure Bank Requirements.--In order to establish an
infrastructure bank under this section, each State establishing the
bank shall--
(1) contribute, at a minimum, in each account of the bank from
non-Federal sources an amount equal to 25 percent of the amount of
each capitalization grant made to the State and contributed to the
bank; except that if the contribution is into the highway account
of the bank and the State has a lower non-Federal share under
section 120(b) of title 23, United States Code, such percentage
shall be adjusted by the Secretary to correspond with such lower
non-Federal share;
(2) ensure that the bank maintains on a continuing basis an
investment grade rating on its debt issuances or has a sufficient
level of bond or debt financing instrument insurance to maintain
the viability of the bank;
(3) ensure that investment income generated by funds
contributed to an account of the bank will be--
(A) credited to the account;
(B) available for use in providing loans and other
assistance to projects eligible for assistance from the
account; and
(C) invested in United States Treasury securities, bank
deposits, or such other financing instruments as the Secretary
may approve to earn interest to enhance the leveraging of
projects assisted by the bank;
(4) provide that the repayment of a loan or other assistance
from an account of the bank under this section shall be consistent
with the repayment provisions of section 129(a)(7) of title 23,
United States Code, except to the extent the Secretary determines
that such provisions are not consistent with this section;
(5) ensure that any loan from the bank will bear interest at or
below market interest rates, as determined by the State, to make
the project that is the subject of the loan feasible;
(6) ensure that repayment of any loan from the bank will
commence not later than 5 years after the project has been
completed or, in the case of a highway project, the facility has
opened to traffic, whichever is later;
(7) ensure that the term for repaying any loan will not exceed
30 years after the date of the first payment on the loan under
paragraph (6); and
(8) require the bank to make an annual report to the Secretary
on its status no later than September 30, 1996, and September 30,
1997, and to make such other reports as the Secretary may require
by guidelines.
(f) Limitation on Repayments.--Notwithstanding any other provision
of law, the repayment of a loan or other assistance provided from an
infrastructure bank under this section may not be credited towards the
non-Federal share of the cost of any project.
(g) Secretarial Requirements.--In administering this section, the
Secretary shall--
(1) ensure that Federal disbursements shall be at a rate
consistent with historic rates for the Federal-aid highway program
and the Federal transit program, respectively;
(2) issue guidelines to ensure that all requirements of title
23, United States Code, or title 49, United States Code, that would
otherwise apply to funds made available under such title and
projects assisted with such funds apply to--
(A) funds made available under such title and contributed
to an infrastructure bank established under this section; and
(B) projects assisted by the bank through the use of such
funds;
except to the extent that the Secretary determines that any
requirement of such title is not consistent with the objectives of
this section; and
(3) specify procedures and guidelines for establishing,
operating, and providing assistance from the bank.
(h) United States Not Obligated.--The contribution of Federal funds
into an infrastructure bank established under this section shall not be
construed as a commitment, guarantee, or obligation on the part of the
United States to any third party, nor shall any third party have any
right against the United States for payment solely by virtue of the
contribution. Any security or debt financing instrument issued by the
infrastructure bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, or obligation
of the United States.
(i) Management of Federal Funds.--Sections 3335 and 6503 of title
31, United States Code, shall not apply to funds contributed under this
section.
(j) Program Administration.--For each of fiscal years 1996 and
1997, a State may expend not to exceed 2 percent of the Federal funds
contributed to an infrastructure bank established by the State under
this section to pay the reasonable costs of administering the bank.
(k) Secretarial Review.--The Secretary shall review the financial
condition of each infrastructure bank established under this section
and transmit to Congress a report on the results of such review not
later than March 1, 1997. In addition, the report shall contain--
(1) an evaluation of the pilot program conducted under this
section and the ability of such program to increase public
investment and attract non-Federal capital; and
(2) recommendations of the Secretary as to whether the program
should be expanded or made a part of the Federal-aid highway and
transit programs.
(l) Definitions.--In this section, the following definitions apply:
(1) Capital project.--The term ``capital project'' has the
meaning such term has under section 5302 of title 49, United States
Code.
(2) Construction; federal-aid highway.--The terms
``construction'' and ``Federal-aid highway'' have the meanings such
terms have under section 101 of title 23, United States Code.
(3) Other assistance.--The term ``other assistance'' includes
any use of funds in an infrastructure bank--
(A) to provide credit enhancements;
(B) to serve as a capital reserve for bond or debt
instrument financing;
(C) to subsidize interest rates;
(D) to ensure the issuance of letters of credit and credit
instruments;
(E) to finance purchase and lease agreements with respect
to transit projects;
(F) to provide bond or debt financing instrument security;
and
(G) to provide other forms of debt financing and methods of
leveraging funds that are approved by the Secretary and that
relate to the project with respect to which such assistance is
being provided.
(4) State.--The term ``State'' has the meaning such term has
under section 101 of title 23, United States Code.
SEC. 351. RAILROAD-HIGHWAY GRADE CROSSING SAFETY.
(a) Intelligent Transportation Systems.--In implementing the
Intelligent Transportation Systems Act of 1991 (23 U.S.C. 307 note; 105
Stat. 2189-2195), the Secretary shall ensure that the national
intelligent transportation systems program addresses, in a
comprehensive and coordinated manner, the use of intelligent
transportation technologies to promote safety at railroad-highway grade
crossings. The Secretary shall ensure that 2 or more operational tests
funded under such Act are designed to promote highway traffic safety
and railroad safety.
(b) Safety Enforcement.--
(1) Cooperation between federal and state agencies.--The
National Highway Traffic Safety Administration and the Office of
Motor Carriers within the Federal Highway Administration shall
cooperate and work, on a continuing basis, with the National
Association of Governors' Highway Safety Representatives, the
Commercial Vehicle Safety Alliance, and Operation Lifesaver, Inc.,
to improve compliance with and enforcement of laws and regulations
pertaining to railroad-highway grade crossings.
(2) Report.--Not later than June 1, 1998, the Secretary shall
submit to Congress a report indicating--
(A) how the Department of Transportation worked with the
entities referred to in paragraph (1) to improve the awareness
of the highway and commercial vehicle safety and law
enforcement communities of regulations and safety challenges at
railroad-highway grade crossings; and
(B) how resources are being allocated to better address
these challenges and enforce such regulations.
(c) Federal-State Partnership.--
(1) Statement of policy.--
(A) Hazards to safety.--Certain railroad-highway grade
crossings present inherent hazards to the safety of railroad
operations and to the safety of persons using those crossings.
It is in the public interest--
(i) to promote grade crossing safety and reduce risk at
high risk railroad-highway grade crossings; and
(ii) to reduce the number of grade crossings while
maintaining the reasonable mobility of the American people
and their property, including emergency access.
(B) Effective programs.--Effective programs to reduce the
number of unneeded and unsafe railroad-highway grade crossings
require the partnership of Federal, State, and local officials
and agencies, and affected railroads.
(C) Highway planning.--Promotion of a balanced national
transportation system requires that highway planning
specifically take into consideration grade crossing safety.
(2) Partnership and oversight.--The Secretary shall encourage
each State to make progress toward achievement of the purposes of
this subsection.
SEC. 352. COLLECTION OF BRIDGE TOLLS.
Notwithstanding any other provision of law, tolls collected for
motor vehicles on any bridge connecting the boroughs of Brooklyn, New
York, and Staten Island, New York, shall continue to be collected for
only those vehicles exiting from such bridge in Staten Island.
SEC. 353. TRAFFIC CONTROL.
(a) Signs.--Traffic control signs referred to in the experimental
project conducted in the State of Oregon in December 1991 shall be
deemed to comply with the requirements of section 2B-4 of the Manual on
Uniform Traffic Control Devices of the Department of Transportation.
(b) Stripes.--Notwithstanding any other provision of law, a red,
white, and blue center line in the Main Street of Bristol, Rhode
Island, shall be deemed to comply with the requirements of section 3B-1
of the Manual on Uniform Traffic Control Devices of the Department of
Transportation.
SEC. 354. PUBLIC USE OF REST AREAS.
Notwithstanding section 111 of title 23, United States Code, or any
project agreement under such section, the Secretary shall permit the
conversion of any safety rest area adjacent to Interstate Route 95
within the State of Rhode Island that was closed as of May 1, 1995, to
use as a motor vehicle emissions testing facility. At the option of the
State, vehicles shall be permitted to enter and exit any such testing
facility directly from Interstate Route 95.
SEC. 355. SAFETY BELT USE LAW REQUIREMENTS FOR NEW HAMPSHIRE AND
MAINE.
(a) In General.--For purposes of this section and section 153 of
title 23, United States Code, the States of New Hampshire and Maine
shall each be treated as having in effect a State law described in
subsection (a)(2) of such section and as having achieved a rate of
compliance with the State law required by subsections (f)(2) and (f)(3)
of such section upon certification by the Secretary that the State has
achieved--
(1) a safety belt use rate in each of fiscal years 1995 and
1996, of not less than 50 percent; and
(2) a safety belt use rate in each fiscal year thereafter of
not less than the national average safety belt use rate, as
determined by the Secretary.
(b) Retroactive Applicability.--
(1) Effective date.--Subsection (a) shall take effect September
30, 1995.
(2) Treatment of continuance of safety belt use law.--If the
State of New Hampshire or Maine continues in effect a law described
in subsection (a)(2) of section 153 of title 23, United States
Code, within 60 days after the date of the enactment of this
section, the State shall be treated, for purposes of this section
and such section, as having in effect a State law described in such
subsection on September 30, 1995.
(c) Reservation of Apportionment Pending Certification.--If, at any
time in a fiscal year beginning after September 30, 1994, the State of
New Hampshire or Maine does not have in effect a law described in
subsection (a)(2) of section 153 of title 23, United States Code, the
Secretary shall reserve 3 percent of the funds to be apportioned to the
State for the succeeding fiscal year, under each of subsections (b)(1),
(b)(2), and (b)(3) of section 104 of such title, if the Secretary has
not certified, in accordance with subsection (a) of this section, that
the State has achieved the applicable safety belt use rate.
(d) Effect on Noncertification.--If, at the end of the fiscal year
in which the funds are reserved under subsection (c), the Secretary has
not certified, in accordance with subsection (a), that the State of New
Hampshire or Maine achieved the applicable safety belt use rate, the
Secretary shall transfer the funds reserved from the State under
subsection (c) to the apportionment of the State under section 402 of
title 23, United States Code.
SEC. 356. ORANGE COUNTY, CALIFORNIA, TOLL ROADS.
(a) Modification of Agreement.--The Secretary shall enter into an
agreement modifying the agreement entered into pursuant to section 339
of the Department of Transportation and Related Agencies Appropriations
Act, 1993 (106 Stat. 1552) to conform such agreement to the provisions
of section 336 of the Department of Transportation and Related Agencies
Appropriations Act, 1995 (108 Stat. 2495).
(b) Limitation on Statutory Construction.--Nothing in this section
shall be construed to change the amount of the appropriation made by
section 339 of the Department of Transportation and Related Agencies
Appropriations Act, 1993 (106 Stat. 1552), and the line of credit
provided for shall not exceed an amount supported by such
appropriation.
(c) Higher Interest Rate.--In implementing sections 336 and 339
referred to in subsection (a), the Secretary may enter into an
agreement requiring an interest rate that is higher than the rate
specified in such sections.
SEC. 357. COMPILATION OF TITLE 23, UNITED STATES CODE.
(a) Legislative Proposal.--The Secretary shall, by March 31, 1997,
prepare and submit to Congress a draft legislative proposal of
necessary technical and conforming amendments to title 23, United
States Code, and related laws.
(b) Conforming Repeal.--Section 1066 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2006) is repealed.
SEC. 358. SAFETY RESEARCH INITIATIVES.
(a) Older Drivers and Other Special Driver Groups.--
(1) Study.--The Secretary shall conduct a study of technologies
and practices to improve the driving performance of older drivers
and other special driver groups.
(2) Demonstration activities.--In conducting the study under
paragraph (1), the Secretary shall undertake demonstration
activities that incorporate and build upon gerontology research
related to the study of the normal aging process. The Secretary
shall initially implement such activities in those States that have
the highest population of aging citizens for whom driving a motor
vehicle is their primary mobility mode.
(3) Cooperative agreement.--The Secretary shall conduct the
study under paragraph (1) by entering into a cooperative agreement
with an institution that has demonstrated competencies in
gerontological research, population demographics, human factors
related to transportation, and advanced technology applied to
transportation.
(b) Work Zone Safety.--In carrying out the work zone safety program
under section 1051 of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 401 note; 105 Stat. 2001), the Secretary shall
utilize a variety of methods to increase safety at highway construction
sites, including each of the following:
(1) Conducting conferences to explore new techniques and
stimulate dialogue for improving work zone safety.
(2) Establishing a national clearinghouse to assemble and
disseminate, by electronic and other means, information relating to
the improvement of work zone safety.
(3) Conducting a national promotional campaign in cooperation
with the States to provide timely, site-specific information to
motorists when construction workers are actually present.
(4) Encouraging the use of enforceable speed limits in work
zones.
(5) Developing training programs for work site designers and
construction workers to promote safe work zone practices.
(6) Encouraging the use of unit price bid items in contracts
for traffic control devices and implementation of traffic control
plans.
(c) Radio and Microwave Technology for Motor Vehicle Safety Warning
System.--
(1) Study.--The Secretary, in consultation with the Federal
Communications Commission and the National Telecommunications and
Information Administration, shall conduct a study to develop and
evaluate radio and microwave technology for a motor vehicle safety
warning system in furtherance of safety in all types of motor
vehicles.
(2) Equipment.--Equipment developed under the study shall be
directed toward, but not limited to, advance warning to operators
of all types of motor vehicles of--
(A) temporary obstructions in a highway;
(B) poor visibility and highway surface conditions caused
by adverse weather; and
(C) movement of emergency vehicles.
(3) Safety applications.--In conducting the study, the
Secretary shall determine whether the technology described in this
subsection has other appropriate safety applications.
(d) Effectiveness of Drunk Driving Laws.--The Secretary shall
conduct a study to evaluate the effectiveness on reducing drunk driving
and appropriateness of laws enacted in the States which allow a health
care provider who treats an individual involved in a vehicular accident
to report the blood alcohol level, if known, of such individual to the
local law enforcement agency which has jurisdiction over the accident
site if the blood alcohol concentration level exceeds the maximum level
permitted under State law.
SEC. 359. MISCELLANEOUS STUDIES.
(a) Pan American Highway.--
(1) Study.--The Secretary shall conduct a study on the adequacy
of and the need for improvements to the Pan American Highway.
(2) Elements.--The study shall include, at a minimum, the
following elements:
(A) Findings on the benefits of constructing a highway at
Darien Gap, Panama and Colombia.
(B) Recommendations for a self-financing arrangement for
completion and maintenance of the Pan American Highway.
(C) Recommendations for establishing a Pan American highway
authority to monitor financing, construction, maintenance, and
operations of the Pan American Highway.
(D) Findings on the benefits to trade and prosperity of a
more efficient Pan American Highway.
(E) Findings on the benefits to United States industry
resulting from the use of United States technology and
equipment in construction of improvements to the Pan American
Highway.
(F) Findings on environmental considerations, including
environmental considerations relating to Darien Gap.
(3) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress a
report on the results of the study.
(b) Highway Signs for National Highway System.--
(1) Study.--The Secretary shall conduct a study to determine
the cost, need, and efficacy of establishing a highway sign for
identifying routes on the National Highway System. In conducting
the study, the Secretary shall make a determination concerning
whether to identify National Highway System route numbers.
(2) Report.--Not later than March 1, 1997, the Secretary shall
transmit to Congress a report on the results of the study.
(c) Compliance With Buy American Act.--
(1) Study.--The Secretary shall conduct a study on compliance
with the Buy American Act (41 U.S.C. 10a-10c) with respect to
contracts entered into using amounts made available from the
Highway Trust Fund.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to Congress a
report on the results of the study.
(d) Magnetic Levitation.--
(1) Study.--The Secretary shall conduct a study evaluating the
near-term applications of magnetic levitation ground transportation
technology in the United States, with particular emphasis in
identifying projects which would warrant immediate application of
such technology. The study shall also evaluate the use of
innovative financial techniques for the construction and operation
of such projects.
(2) Elements.--The study shall be undertaken in consultation
with a committee of 8 persons chosen by the Secretary with
appropriate backgrounds in magnetic levitation transportation,
design and construction, public and private finance, and
infrastructure policy disciplines. The chairperson of the committee
shall be elected by the members.
(3) Report.--Not later than September 30, 1996, the Secretary
shall transmit to the President and Congress a report on the
results of the study.
TITLE IV--WOODROW WILSON MEMORIAL BRIDGE
SEC. 401. SHORT TITLE.
This title may be cited as the ``Woodrow Wilson Memorial Bridge
Authority Act of 1995''.
SEC. 402. 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 the 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 Memorial Bridge Coordination Committee
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 title 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
that the Bridge be transferred to an independent authority to be
established by the Capital Region jurisdictions.
SEC. 403. PURPOSES.
The purposes of this title are--
(1) to grant consent to the Commonwealth of Virginia, the State
of Maryland, and the District of Columbia to establish by
interstate agreement or compact 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 to continue working with the
parties that comprise the Woodrow Wilson Memorial Bridge
Coordination Committee to complete all planning, preliminary
engineering and design, environmental studies and documentation,
and final engineering, and to submit a proposed agreement to
Congress by October 1, 1996, that specifies the selected
alternative, implementation schedule, and costs of the Project and
the Federal share of the costs of the activities to be carried out
as part of the Project.
SEC. 404. DEFINITIONS.
In this title, the following definitions apply:
(1) Authority.--The term ``Authority'' means the Woodrow Wilson
Memorial Bridge Authority established under section 405.
(2) Board.--The term ``Board'' means the board of directors of
the Authority established under section 406.
(3) Bridge.--The term ``Bridge'' means the Woodrow Wilson
Memorial Bridge across the Potomac River, including approaches
thereto.
(4) Capital region jurisdiction.--The term ``Capital Region
jurisdiction'' means--
(A) the Commonwealth of Virginia;
(B) the State of Maryland; and
(C) the District of Columbia.
(5) Project.--The term ``Project'' means the upgrading of the
Interstate Route 95 Potomac River crossing, consistent with the
selected alternative to be determined under section 407. Such term
shall include ongoing short-term rehabilitation and repairs to the
Bridge and may include 1 or more of the following:
(A) Construction of a new bridge or bridges in the vicinity
of the Bridge.
(B) Construction of a tunnel in the vicinity of the Bridge.
(C) Long-term rehabilitation or reconstruction of the
Bridge.
(D) Work necessary to provide rights-of-way for a rail or
bus transit facility or bus or high occupancy vehicle lanes in
connection with an activity described in subparagraph (A), (B),
or (C).
(E) Work on Interstate Route 95 approaching the Bridge and
other approach roadways if necessitated by an activity
described in subparagraph (A), (B), or (C).
(F) Construction or acquisition of any building,
improvement, addition, extension, replacement, appurtenance,
land, interest in land, water right, air right, machinery,
equipment, furnishing, landscaping, easement, utility,
approach, roadway, or other facility that is necessary or
desirable in connection with or incidental to a facility
described in subparagraph (A), (B), or (C).
(6) Signatory.--The term ``Signatory'' means any political
jurisdiction that enters into the interstate agreement or compact
that establishes the Authority.
(7) Woodrow wilson memorial bridge coordination committee.--The
term ``Woodrow Wilson Memorial Bridge Coordination Committee''
means 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.
SEC. 405. ESTABLISHMENT OF AUTHORITY.
(a) Consent to Interstate Agreement.--Congress grants consent to
the Capital Region jurisdictions to enter into an interstate agreement
or compact to establish the Authority and to designate the governance,
powers, and duties of the Authority. The Authority shall be a non-
Federal entity designated by the interstate agreement or compact.
(b) Establishment of Authority.--
(1) In general.--Upon 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 407(c), the Authority shall be considered to be established
for purposes of subsection (c).
(2) General powers.--The Authority shall be a body corporate
and politic, and an instrumentality of each of the Capital Region
jurisdictions, having the powers and jurisdiction described in this
title 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 title.
(c) Purposes of Authority.--The Authority shall be established--
(1) to assume ownership of the Bridge; and
(2) to undertake the Project.
SEC. 406. 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 title.
(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 each of whom represents a political subdivision that
has jurisdiction over the area at an end of the Project 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 405(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 his or her capacity as a member of the
Board; or
(2) any note, bond, or other financial obligation of the
Authority.
(f) Residency Requirement.--Each member of the Board shall reside
within a Capital Region jurisdiction.
SEC. 407. OWNERSHIP OF BRIDGE.
(a) Conveyance by Secretary.--
(1) In general.--After execution of the agreement under
subsection (c), the Secretary shall convey to the Authority all
right, title, and interest of the United States in and to the
Bridge, including such related riparian rights and interests in
land underneath the Potomac River as are necessary to carry out the
Project. 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 not--
(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) Transfers of Jurisdiction.--For the purpose of making the
conveyance under subsection (a), the Secretary of the Interior and the
head of any other Federal department or agency that has jurisdiction
over land under or adjacent to the Bridge shall transfer such
jurisdiction to the Secretary.
(c) Agreement.--
(1) In general.--The agreement referred to in subsection (a) is
an agreement concerning the Project that is executed in accordance
with this subsection.
(2) Submission to congress.--Not later than October 1, 1996,
the Secretary shall submit to Congress a proposed agreement between
the Secretary and the Signatories that specifies--
(A) the selected alternative, implementation schedule, and
costs of the Project;
(B) the Federal share of the costs of the activities to be
carried out as part of the Project, including, at a minimum, a
100 percent Federal share of--
(i) the cost of the continuing rehabilitation of the
Bridge until such time as the Project is constructed and
operational;
(ii) an amount, as determined by the Woodrow Wilson
Memorial Bridge Coordination Committee, equivalent to the
cost of replacing the Bridge with a comparable modern
bridge designed according to current engineering standards;
and
(iii) the cost of planning, preliminary engineering and
design, environmental studies and documentation, and final
engineering for the Project; and
(C) the Federal share of the cost of activities to be
carried out as part of the project after September 30, 1997,
will be reduced by amounts expended by the United States for
activities (other than environmental studies and documentation)
described in subparagraph (B)(iii) in fiscal years 1996 and
1997.
(3) Approval and execution of agreement.--After the enactment
of a Federal law approving an agreement described in paragraph (2),
the Secretary may execute the agreement.
SEC. 408. PROJECT PLANNING.
The Secretary shall work with the Woodrow Wilson Memorial Bridge
Coordination Committee, or with the Authority consistent with the
purpose of the Authority, to complete, at the earliest possible date,
planning, preliminary engineering and design, environmental studies and
documentation, and final engineering for the Project, consistent with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and other applicable Federal laws.
SEC. 409. ADDITIONAL POWERS AND RESPONSIBILITIES OF AUTHORITY.
In addition to the powers and responsibilities of the Authority
under the other provisions of this title and under any interstate
agreement or compact relating to the Authority that is consistent with
this title, 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 407(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, such
personnel and agents as may be necessary to carry out the purposes
of the Authority (including consulting engineers, attorneys,
accountants, construction and financial experts, superintendents,
and managers) and to fix the compensation and benefits of the
employees and agents, 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 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;
(6) to 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;
(7) 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;
(8) 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 long-term
or short-term bonds in the discretion of the Authority for any
purpose consistent with this title, which notes and bonds--
(A) shall not constitute a debt of the United States (or
any political subdivision of the United States), or a general
obligation of a Capital Region jurisdiction (or any political
subdivision of a Capital Region jurisdiction), unless consented
to by the jurisdiction or political subdivision; and
(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, or by other revenues in the discretion of the
Authority;
(9) to fix, revise, charge, and collect any reasonable toll or
other charge;
(10) 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;
(11) 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;
(12) 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;
(13) 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;
(14) to adopt an official seal and alter the seal, as the Board
considers appropriate;
(15) to appoint 1 or more advisory committees;
(16) to sue and be sued in the name of the Authority;
(17) to carry out or contract with other entities to carry out
such maintenance of traffic activities during construction of the
Project as is considered necessary by the Authority to properly
manage traffic and minimize congestion, such as public information
campaigns, improvements designed to encourage appropriate use of
alternative routes, use of high occupancy vehicles and transit
services, and deployment and operation of intelligent
transportation technologies; and
(18) to carry out any activity necessary or appropriate to the
exercise of the powers or performance of the duties of the
Authority under this title and under any interstate agreement or
compact relating to the Authority that is consistent with this
title, 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. 410. FUNDING.
Section 104 of title 23, United States Code, as amended by section
337(f) of this Act, is amended by inserting before subsection (j), as
redesignated by such section 337(f), the following:
``(i) Woodrow Wilson Memorial Bridge.--
``(1) Expenditure.--From any available administrative funds
deducted under subsection (a), the Secretary shall obligate such
sums as are necessary for each of fiscal years 1996 and 1997 for
the rehabilitation of the Woodrow Wilson Memorial Bridge and for
environmental studies and documentation, planning, preliminary
engineering and design, and final engineering for a new crossing of
the Potomac River as part of the Project, as defined by section 404
of the Woodrow Wilson Memorial Bridge Authority Act of 1995.
``(2) Federal share.--The Federal share of the cost of any
project funded with amounts expended under paragraph (1) shall be
100 percent.''.
SEC. 411. AVAILABILITY OF PRIOR AUTHORIZATIONS.
In addition to the funds made available under section 104(i) of
title 23, United States Code, any funds made available for the
rehabilitation of the Bridge under sections 1069(i) and 1103(b) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2009 and 2028) shall continue to be available after the conveyance
under section 407(a) of the Bridge, in accordance with the terms under
which the funds were made available under such sections 1069(i) and
1103(b).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.