[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 440 Engrossed in Senate (ES)]
104th CONGRESS
1st Session
S. 440
_______________________________________________________________________
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.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--HIGHWAY PROVISIONS
Sec. 101. National Highway System designation.
Sec. 102. Eligible projects for the National Highway System.
Sec. 103. Transferability of apportionments.
Sec. 104. Design criteria for the National Highway System.
Sec. 105. Applicability of transportation conformity requirements.
Sec. 106. Use of recycled paving material.
Sec. 107. Limitation on advance construction.
Sec. 108. Preventive maintenance.
Sec. 109. Eligibility of bond and other debt instrument financing for
reimbursement as construction expenses.
Sec. 110. Federal share for highways, bridges, and tunnels.
Sec. 111. Applicability of certain requirements to third party sellers.
Sec. 112. Streamlining for transportation enhancement projects.
Sec. 113. Non-Federal share for certain toll bridge projects.
Sec. 114. Congestion mitigation and air quality improvement program.
Sec. 115. Limitation of national maximum speed limit to certain
commercial motor vehicles.
Sec. 116. Federal share for bicycle transportation facilities and
pedestrian walkways.
Sec. 117. Suspension of management systems.
Sec. 118. Intelligent transportation systems.
Sec. 119. Donations of funds, materials, or services for federally
assisted activities.
Sec. 120. Metric conversion of traffic control signs.
Sec. 121. Identification of high priority corridors.
Sec. 122. Revision of authority for innovative project in Florida.
Sec. 123. Revision of authority for priority intermodal project in
California.
Sec. 124. National recreational trails funding program.
Sec. 125. Intermodal facility in New York.
Sec. 126. Clarification of eligibility.
Sec. 127. Bristol, Rhode Island, street marking.
Sec. 128. Public use of rest areas.
Sec. 129. Collection of tolls to finance certain environmental projects
in Florida.
Sec. 130. Hours of service of drivers of ground water well drilling
rigs.
Sec. 131. Rural access projects.
Sec. 132. Inclusion of high priority corridors.
Sec. 133. Sense of the Senate regarding the Federal-State funding
relationship for transportation.
Sec. 134. Quality through competition.
Sec. 135. Federal share for economic growth center development
highways.
Sec. 136. Vehicle weight and longer combination vehicles exemption for
Sioux City, Iowa.
Sec. 137. Revision of authority for congestion relief project in
California.
Sec. 138. Applicability of certain vehicle weight limitations in
Wisconsin.
Sec. 139. Prohibition on new highway demonstration projects.
Sec. 140. Treatment of Centennial Bridge, Rock Island, Illinois,
agreement.
Sec. 141. Moratorium on certain emissions testing requirements.
Sec. 142. Elimination of penalties for noncompliance with motorcycle
helmet use requirement.
Sec. 143. Clarification of Eligibility.
Sec. 144. Toll roads, bridges, tunnels, non-toll roads that have a
dedicated revenue source, and ferries.
Sec. 145. Transfer of funds between certain demonstration projects in
Louisiana.
Sec. 146. Northwest Arkansas regional airport connector.
Sec. 147. Intercity rail infrastructure investment.
Sec. 148. Operation of motor vehicles by intoxicated minors.
Sec. 149. Contingent commitments.
Sec. 150. Availability of certain funds for Boston-to-Portland rail
corridor.
Sec. 151. Revision of authority of multiyear contracts.
Sec. 152. Feasibility study of evacuation routes for Louisiana coastal
areas.
Sec. 153. 34th Street corridor project in Moorhead, Minnesota.
Sec. 154. Safety belt use law requirements for New Hampshire and Maine.
Sec. 155. Report on accelerated vehicle retirement programs.
Sec. 156. Intercity rail infrastructure investment from Mass Transit
Account of Highway Trust Fund.
Sec. 157. Moratorium.
TITLE II--NATIONAL CAPITAL REGION INTERSTATE TRANSPORTATION AUTHORITY
Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Purposes.
Sec. 204. Definitions.
Sec. 205. Establishment of Authority.
Sec. 206. Government of Authority.
Sec. 207. Ownership of Bridge.
Sec. 208. Capital improvements and construction.
Sec. 209. Additional powers and responsibilities of Authority.
Sec. 210. Funding.
Sec. 211. Availability of prior authorizations.
TITLE III--FEDERAL HIGHWAY AND RAILROAD GRADE CROSSING SAFETY
Sec. 301. Short title.
Sec. 302. Intelligent vehicle-highway systems.
Sec. 303. State highway safety management systems.
Sec. 304. Violation of grade-crossing laws and regulations.
Sec. 305. Safety enforcement.
Sec. 306. Crossing elimination; statewide crossing freeze.
TITLE I--HIGHWAY PROVISIONS
SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNATION.
(a) In General.--Section 103 of title 23, United States Code, is
amended by inserting after subsection (b) the following:
``(c) National Highway System Designation.--
``(1) Designation.--The most recent National Highway System
(as of the date of enactment of this Act) as submitted by the
Secretary of Transportation pursuant to this section is
designated as the National Highway System.
``(2) Modifications.--
``(A) In general.--At the request of a State, the
Secretary may--
``(i) add a new route segment to the
National Highway System, including a new
intermodal connection; or
``(ii) delete a route segment in existence
on the date of the request and any connection
to the route segment;
if the total mileage of the National Highway System
(including any route segment or connection proposed to
be added under this subparagraph) does not exceed
165,000 miles (265,542 kilometers).
``(B) Procedures for changes requested by states.--
Each State that makes a request for a change in the
National Highway System pursuant to subparagraph (A)
shall establish that each change in a route segment or
connection referred to in the subparagraph has been
identified by the State, in cooperation with local
officials, pursuant to applicable transportation
planning activities for metropolitan areas carried out
under section 134 and statewide planning processes
carried out under section 135.
``(3) Approval by the secretary.--The Secretary may approve
a request made by a State for a change in the National Highway
System pursuant to paragraph (2) if the Secretary determines
that the change--
``(A) meets the criteria established for the
National Highway System under this title; and
``(B) enhances the national transportation
characteristics of the National Highway System.''.
(b) Route Segments in Wyoming.--
(1) In general.--The Secretary of Transportation 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 paragraphs (2) and
(3) of section 103(c) of title 23, United States Code (as added
by subsection (a)).
(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.
SEC. 102. ELIGIBLE PROJECTS FOR THE NATIONAL HIGHWAY SYSTEM.
(a) In General.--Section 103(i) of title 23, United States Code, is
amended--
(1) by striking paragraph (8) and inserting the following:
``(8) Capital and operating costs for traffic monitoring,
management, and control facilities and programs.''; and
(2) by adding at the end the following:
``(14) Construction, reconstruction, resurfacing,
restoration, and rehabilitation of, and operational
improvements for, public highways connecting the National
Highway System to--
``(A) ports, airports, and rail, truck, and other
intermodal freight transportation facilities; and
``(B) public transportation facilities.
``(15) Construction of, and operational improvements for,
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. The Federal share of
the cost of the construction and improvements shall be
determined in accordance with section 120(b).''.
(b) Definition.--Section 101(a) of title 23, United States Code, is
amended by striking the undesignated paragraph defining ``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 activities, such as integrated traffic control systems,
incident management programs, and traffic control centers.''.
SEC. 103. TRANSFERABILITY OF APPORTIONMENTS.
The third sentence of section 104(g) of title 23, United States
Code, is amended by striking ``40 percent'' and inserting ``60
percent''.
SEC. 104. 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 the 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) shall 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) as appropriate, access for other modes of
transportation.
``(2) Development of criteria.--The Secretary, in
cooperation with State highway agencies, shall develop criteria
to implement paragraph (1). In developing the criteria, the
Secretary shall consider the results of the committee process
of the American Association of State Highway and Transportation
Officials as adopted and published in `A Policy on Geometric
Design of Highways and Streets', after adequate opportunity for
input by interested parties.''; and
(3) by striking subsection (q) and inserting the following:
``(q) Environmental, 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. 105. 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 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 specific
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. 106. USE OF RECYCLED PAVING MATERIAL.
(a) In General.--Section 1038 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 23 U.S.C.
109 note) is amended--
(1) by striking subsection (d) and inserting the following:
``(d) Asphalt Pavement Containing Recycled Rubber.--
``(1) Crumb rubber modifier research.--Not later than 180
days after the date of enactment of the National Highway System
Designation Act of 1995, the Administrator of the Federal
Highway Administration 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 Administrator of the Federal
Highway Administration shall make grants to States to
develop programs to use crumb rubber from scrap tires
to modify asphalt pavements. Each State may receive not
more than $500,000 under this paragraph.
``(B) Use of grant funds.--Grant funds made
available to States under this paragraph may 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''.
(b) Funding.--Section 307(e)(13) of title 23, United States Code,
is amended by inserting after the second sentence the following: ``Of
the amounts authorized to be expended under this paragraph, $500,000
shall be expended in fiscal year 1996 to carry out section 1038(d)(1)
of the Intermodal Surface Transportation Efficiency Act of 1991 (Public
Law 102-240; 23 U.S.C. 109 note) and $10,000,000 shall be expended in
each of fiscal years 1996 and 1997 to carry out section 1038(d)(2) of
the Act.''.
SEC. 107. LIMITATION ON ADVANCE CONSTRUCTION.
Section 115(d) of title 23, United States Code, is amended to read
as follows:
``(d) Requirement of Inclusion in Transportation Improvement
Program.--The Secretary may not approve an application under this
section unless the project is included in the transportation
improvement program of the State developed under section 135(f).''.
SEC. 108. 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 life of a Federal-aid
highway.''.
SEC. 109. 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, the proceeds of which are used for an eligible
Federal-aid 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, 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
under subsection (b) with respect to a project funded by an eligible
debt financing instrument after the State has complied with this title
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 pro-rata basis of
payment authorized in section 120.
``(e) Statutory Construction.--Notwithstanding any other law, the
eligibility of an eligible debt financing instrument for reimbursement
under subsection (a) 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 defining ``construction'' of section 101(a) of
title 23, United States Code, is amended by inserting ``bond costs and
other costs relating to the issuance of bonds or other debt instrument
financing in accordance with section 122,'' after ``highway,
including''.
(c) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, 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. 110. FEDERAL SHARE FOR HIGHWAYS, BRIDGES, AND TUNNELS.
Section 129(a) of title 23, United States Code, is amended by
striking paragraph (5) and inserting the following:
``(5) Limitation on federal share.--The Federal share
payable for an activity described in paragraph (1) shall be a
percentage determined by the State, but not to exceed 80
percent.''.
SEC. 111. 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 (42 U.S.C.
4601 et seq.).
``(C) Acquisitions on behalf of recipients of
federal funds.--If a qualified organization described
in subparagraph (A) has contracted with a State highway
administration 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 (42 U.S.C. 4601 et
seq.).''.
SEC. 112. 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''; and
(B) 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
Administrator of the Federal Highway Administration, 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 the National Historic
Preservation Act (16 U.S.C. 470f); and
``(ii) the regulations of the Advisory
Council on Historic Preservation.''.
SEC. 113. 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. 114. 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 ``for areas in the State that were
designated as nonattainment areas under section 107(d)
of the Clean Air Act (42 U.S.C. 7407(d))'' after ``may
obligate funds''; and
(B) in paragraph (1)(A)--
(i) by striking ``contribute to the'' and
inserting the following: ``contribute to--
``(i) the''; and
(ii) by adding at the end the following:
``(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 title 23, United
States Code, 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''.
(3) Orange street bridge, missoula, montana.--
Notwithstanding section 149 of title 23, United States Code, or
any other 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 the section.
(b) Removal of Certain Funding Limitations.--Section 149(b)(1)(A)
of title 23, United States Code, is amended by striking ``(other than
clauses (xii) and (xvi) of such section), that the project or program''
and inserting ``, that the publicly sponsored project or program''.
(c) Effect of Limitation on Apportionment.--Notwithstanding any
other law, for each of fiscal years 1996 and 1997, any limitation under
this section or an amendment made by this section on an apportionment
otherwise authorized under section 1003(a)(4) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat.
1919) shall not affect any hold harmless apportionment adjustment under
section 1015(a) of the Act (Public Law 102-240; 105 Stat. 1943).
(d) Traffic Monitoring, Management, and Control Facilities and
Programs.--The first sentence of section 149(b) of title 23, United
States Code, is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; 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.''.
SEC. 115. LIMITATION OF NATIONAL MAXIMUM SPEED LIMIT TO CERTAIN
COMMERCIAL MOTOR VEHICLES.
(a) In General.--Section 154 of title 23, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``Sec. 154. National maximum speed limit for certain commercial motor
vehicles'';
(2) in subsection (a)--
(A) by inserting ``, with respect to motor
vehicles'' before ``(1)''; and
(B) in paragraph (4), by striking ``motor vehicles
using it'' and inserting ``vehicles driven or drawn by
mechanical power manufactured primarily for use on
public highways (except any vehicle operated
exclusively on a rail or rails) using it'';
(3) by striking subsection (b) and inserting the following:
``(b) Motor Vehicle.--In this section, the term `motor vehicle' has
the meaning provided for `commercial motor vehicle' in section 31301(4)
of title 49, United States Code, except that the term does not include
any vehicle operated exclusively on a rail or rails.'';
(4) in the first sentence of subsection (e), by striking
``all vehicles'' and inserting ``all motor vehicles''; and
(5) by redesignating subsection (i) as subsection (f).
(b) Conforming Amendments.--
(1) The analysis for chapter 1 of title 23, United States
Code, is amended by striking the item relating to section 154
and inserting the following:
``154. National maximum speed limit for certain commercial motor
vehicles.''.
(2) Section 153(i)(2) of title 23, United States Code, is
amended to read as follows:
``(2) Motor vehicle.--The term `motor vehicle' means any
vehicle driven or drawn by mechanical power manufactured
primarily for use on public highways, except any vehicle
operated exclusively on a rail or rails.''.
(3) Section 157(d) of title 23, United States Code, is
amended by striking ``154(f) or''.
(4) Section 410(i)(3) of title 23, United States Code, is
amended to read as follows:
``(3) Motor vehicle.--The term `motor vehicle' means any
vehicle driven or drawn by mechanical power manufactured
primarily for use on public highways, except any vehicle
operated exclusively on a rail or rails.''.
SEC. 116. FEDERAL SHARE FOR BICYCLE TRANSPORTATION FACILITIES AND
PEDESTRIAN WALKWAYS.
Section 217(f) of title 23, United States Code, is amended by
striking ``80 percent'' and inserting ``determined in accordance with
section 120(b)''.
SEC. 117. 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, at the option of the State,
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''; and
(B) by adding at the end the following:
``(2) Report on implementation.--Not later than October 1,
1996, the Secretary, in consultation with States, shall
transmit to Congress a report on the management systems
required under this section that makes recommendations as to
whether, to what extent, and how the management systems should
be implemented.''.
SEC. 118. INTELLIGENT TRANSPORTATION SYSTEMS.
(a) Improved Collaboration in Intelligent Transportation Systems
Research and Development.--Section 6054 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 23 U.S.C.
307 note) 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 the Intermodal
Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 23
U.S.C. 307 note) is amended by adding at the end the following:
``(f) Obligation of Funds.--
``(1) In general.--Funds made available pursuant to
subsections (a) and (b) after the date of enactment of this
subsection, and other funds made available 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 with respect to which the funds
are made available.
``(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 activity with respect to which funds may be made
available under subsection (a) or (b).''.
(c) Conforming Amendments.--
(1) The table in section 1107(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105
Stat. 2048) is amended--
(A) in item 10, by striking ``(IVHS)'' and
inserting ``(ITS)''; and
(B) in item 29, by striking ``intelligent/vehicle
highway systems'' and inserting ``intelligent
transportation systems''.
(2) Section 6009(a)(6) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105
Stat. 2176) is amended by striking ``intelligent vehicle
highway systems'' and inserting ``intelligent transportation
systems''.
(3) Part B of title VI of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 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--
(i) in subsection (a)(2)(A), by striking
``intelligent vehicle-highway'' and inserting
``intelligent transportation systems''; and
(ii) in the subsection heading of
subsection (b), by striking ``Intelligent
Vehicle-Highway Systems'' and inserting
``Intelligent Transportation Systems'';
(E) in the subsection heading of section 6056(a),
by striking ``IVHS'' and inserting ``ITS'';
(F) in the subsection heading of each of
subsections (a) and (b) of section 6058, by striking
``IVHS'' and inserting ``ITS''; and
(G) in the paragraph heading of section 6059(1), by
striking ``IVHS'' and inserting ``ITS''.
(4) Section 310(c)(3) of the Department of Transportation
and Related Agencies Appropriations Act, 1995 (Public Law 103-
331; 23 U.S.C. 104 note), is amended by striking ``intelligent
vehicle highway systems'' and inserting ``intelligent
transportation systems''.
(5) Section 109(a) of the Hazardous Materials
Transportation Authorization Act of 1994 (Public Law 103-311;
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''.
(6) 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. 119. DONATIONS OF FUNDS, MATERIALS, OR SERVICES FOR FEDERALLY
ASSISTED ACTIVITIES.
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 an
activity eligible for Federal assistance under this title. In the case
of such an activity 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 activity by the State highway agency shall be
credited against the State share.''.
SEC. 120. METRIC CONVERSION OF TRAFFIC CONTROL SIGNS.
(a) Notwithstanding section 3(2) of the Metric Conversion Act of
1975 (15 U.S.C. 205b(2)) or any other law, no State shall be required
to--
(1) erect any highway sign that establishes any speed
limit, distance, or other measurement using the metric system;
or
(2) modify any highway sign that establishes any speed
limit, distance, or other measurement so that the sign uses the
metric system.
(b) Upon receipt of a written notification by a State, referring to
its right to provide notification under this subsection, the Secretary
of Transportation shall waive, with respect to such State, any
requirement that such State use or plan to use the metric system with
respect to designing, preparing plans, specifications and estimates,
advertising, or taking any other action with respect to Federal-aid
highway projects or activities utilizing funds authorized pursuant to
title 23, United States Code. Such waiver shall remain effective for
the State until the State notifies the Secretary to the contrary:
Provided, That a waiver granted by the Secretary will be in effect
until September 30, 2000.
SEC. 121. IDENTIFICATION OF HIGH PRIORITY CORRIDORS.
Section 1105(c) of the Intermodal Surface Transportation Efficiency
Act of 1991 (Pub. L. 102-240; 105 Stat. 2032) is amended--
(1) 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.
``(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.
``(iv) Each route segment referred to in clause (i), (ii),
or (iii) that is not a part of the Interstate System shall be
designated as a route included in the Interstate System, at
such time as the Secretary determines that the route segment--
``(I) meets Interstate System design standards
approved by the Secretary under section 109(b) of title
23, United States Code; and
``(II) meets the criteria for designation pursuant
to section 139 of title 23, United States Code, except
that the determination shall be made without regard to
whether the route segment is a logical addition or
connection to the Interstate System.'';
(2) in paragraph (18)--
(A) by striking ``and''; and
(B) by inserting before the period at the end the
following: ``, and to the Lower Rio Grande Valley at
the border between the United States and Mexico''; and
(3) 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.''.
SEC. 122. REVISION OF AUTHORITY FOR INNOVATIVE PROJECT IN FLORIDA.
Item 196 of the table in section 1107(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat.
2058) is amended--
(1) by striking ``Orlando,''; and
(2) by striking ``Land & right-of-way acquisition &
guideway construction for magnetic limitation project'' and
inserting ``1 or more regionally significant, intercity ground
transportation projects''.
SEC. 123. REVISION OF AUTHORITY FOR PRIORITY INTERMODAL PROJECT IN
CALIFORNIA.
Item 31 of the table in section 1108(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat.
2062) is amended 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''.
SEC. 124. NATIONAL RECREATIONAL TRAILS FUNDING PROGRAM.
(a) Contract Authority.--Section 1302 of the Intermodal Surface
Transportation Efficiency Act of 1991 (16 U.S.C. 1261) is amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following:
``(g) Contract Authority.--Funds authorized to be appropriated
under this section shall be available for obligation in the manner as
if the funds were apportioned under title 23, United States Code,
except that the Federal share of any project under this section shall
be determined in accordance with this section.
``(h) Federal Share.--The Federal share of the cost of a project
under this section shall be 50 percent.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Section 1302 of the Intermodal Surface
Transportation Efficiency Act of 1991 (16 U.S.C. 1261) is
amended--
(A) by striking subsection (c) and inserting the
following:
``(c) State Eligibility.--A State shall be eligible to receive
moneys under this part if--
``(1) the Governor of the State has designated the State
agency responsible for administering allocations under this
section;
``(2) the State proposes to obligate and ultimately
obligates any allocations received in accordance with
subsection (e); and
``(3) a recreational trail advisory board on which both
motorized and nonmotorized recreational trail users are
represented exists in the State.'';
(B) in subsection (d), by striking paragraph (3);
(C) in subsection (e)--
(i) in paragraphs (3)(A), (5)(B), and
(8)(B), by striking ``(c)(2)(A) of this
section'' and inserting ``(c)(3)''; and
(ii) in paragraph (5)(A)(i), by striking
``(g)(5)'' and inserting ``(i)(5)''; and
(D) in subsection (i) (as redesignated by
subsection (a)(1)), by striking paragraph (1) and
inserting the following:
``(1) Eligible state.--The term `eligible State' means a
State (as defined in section 101 of title 23, United States
Code) that meets the requirements of subsection (c).''.
(2) Section 104 of title 23, United States Code, is
amended--
(A) by redesignating subsection (h) as subsection
(i); and
(B) by inserting after subsection (g) the
following:
``(h) National Recreational Trails Funding.--The Secretary shall
expend, from administrative funds 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. 125. INTERMODAL FACILITY IN NEW YORK.
(a) In General.--The Secretary of Transportation shall make grants
to the National Railroad Passenger Corporation for--
(1) 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
(2) necessary improvements to and redevelopment of
Pennsylvania Station and associated service buildings in New
York, New York.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section a total of $69,500,000 for
fiscal years following fiscal year 1995, to remain available until
expended.
SEC. 126. CLARIFICATION OF ELIGIBILITY.
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 funding under sections 103(e)(4), 104(b), and 144 of title
23, United States Code.
SEC. 127. BRISTOL, RHODE ISLAND, STREET MARKING.
Notwithstanding any other 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. 128. PUBLIC USE OF REST AREAS.
Notwithstanding section 111 of title 23, United States Code, or any
project agreement under the section, the Secretary of Transportation
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 gain access
to and from any such testing facility directly from Interstate Route
95.
SEC. 129. 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 of
Transportation shall modify the agreement entered into with the
transportation department of the State and described in section
129(a)(3) of the 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. 130. HOURS OF SERVICE OF DRIVERS OF GROUND WATER WELL DRILLING
RIGS.
(a) Definitions.--In this section:
(1) 8 consecutive days.--The term ``8 consecutive days''
means the period of 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.
(b) General Rule.--In the case of a driver of a commercial motor
vehicle subject to regulations prescribed by the Secretary of
Transportation under sections 31136 and 31502 of title 49, United
States Code, who is used primarily in the transportation and operation
of a ground water well drilling rig, for the purpose of the
regulations, any period of 8 consecutive days may end with the
beginning of an off-duty period of 24 or more consecutive hours.
(c) Report.--The Secretary of Transportation shall monitor the
commercial motor vehicle safety performance of drivers of ground water
well drilling rigs. If the Secretary determines that public safety has
been adversely affected by the general rule established by subsection
(b), the Secretary shall report to Congress on the determination.
SEC. 131. RURAL ACCESS PROJECTS.
Item 111 of the table in section 1106(a)(2) of the Intermodal
Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105
Stat. 2042) is amended--
(1) by striking ``Parker County'' and inserting ``Parker
and Tarrant Counties''; and
(2) by striking ``to four-lane'' and inserting ``in Tarrant
County to freeway standards and in Parker County to a 4-lane''.
SEC. 132. INCLUSION OF HIGH PRIORITY CORRIDORS.
Section 1105(d) of the Intermodal Surface Transportation Efficiency
Act of 1991 (Pub. L. 102-240; 105 Stat. 2033) is amended by adding at
the end the following: ``The Secretary of Transportation shall include
High Priority Corridor 18 as identified in section 1105(c) of this Act,
as amended, on the approved National Highway System after completion of
the feasibility study by the States as provided by such Act.''.
SEC. 133. SENSE OF THE SENATE REGARDING THE FEDERAL-STATE FUNDING
RELATIONSHIP FOR TRANSPORTATION.
(a) Findings.--
(1) The designation of high priority roads through the
National Highway System is required by the Intermodal Surface
Transportation Efficiency Act (ISTEA) and will ensure the
continuation of funding which would otherwise be withheld from
the States.
(2) The Budget Resolution supported the re-evaluation of
all Federal programs to determine which programs are more
appropriately a responsibility of the States.
(3) Debate on the appropriate role of the Federal
Government in transportation will occur in the re-authorization
of ISTEA.
(b) Sense of Senate.--Therefore, it is the sense of the Senate that
the designation of the NHS does not assume the continuation or the
elimination of the current Federal-State relationship nor preclude a
re-evaluation of the Federal-State relationship in transportation.
SEC. 134. 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 new subparagraphs:
``(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
of the Code of Federal Regulations.
``(D) Indirect cost rates.--In lieu 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. Once a firm's indirect
cost rates are accepted, the recipient of such 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. A
recipient of such funds requesting or using the cost
and rate data described in this subparagraph 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
subparagraph, except by written permission of the
audited firm. If prohibited by law, such cost and rate
data shall not be disclosed under any circumstances.
``(E) Effective date/state option.--Subparagraphs
(C) and (D) shall take effect upon the date of
enactment of this Act: Provided however, That if a
State, during the first regular session of the State
legislature convening after the date of enactment of
this Act, adopts by statute an alternative process
intended to promote engineering and design quality,
reduce life-cycle costs, and ensure maximum competition
by professional companies of all sizes providing
engineering and design services. Such subparagraphs
shall not apply in that State.''.
SEC. 135. FEDERAL SHARE FOR ECONOMIC GROWTH CENTER DEVELOPMENT
HIGHWAYS.
Section 1021(c) of the Intermodal Surface Transportation Efficiency
Act of 1991 (Public Law 102-240) (as amended by section 417 of the
Department of Transportation and Related Agencies Appropriations Act,
1993 (Public Law 102-388; 106 Stat. 1565)) is amended--
(1) in paragraph (2), by striking ``and'' at the end and
inserting ``or''; and
(2) in paragraph (3), by striking ``section 143 of title
23'' and inserting ``a project for the construction,
reconstruction, or improvement of a development highway on a
Federal-aid system, as described in section 103 of such title
(as in effect on the day before the date of enactment of this
Act) (other than the Interstate System), under section 143 of
such title''.
SEC. 136. VEHICLE WEIGHT AND LONGER COMBINATION VEHICLES EXEMPTION FOR
SIOUX CITY, IOWA.
(a) 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 29 between Sioux City, Iowa, and the border
between Iowa and South Dakota and vehicles using Interstate Route 129
between Sioux City, Iowa, and the border between Iowa and Nebraska, and
except for''.
(b) Longer Combination Vehicles.--Section 127(d)(1) of title 23,
United States Code, 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 of Iowa 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 and Interstate 129 between Sioux City,
Iowa, and the border between Iowa and Nebraska.''.
SEC. 137. REVISION OF AUTHORITY FOR CONGESTION RELIEF PROJECT IN
CALIFORNIA.
Item 1 of the table in section 1104(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat.
2029) is amended by striking ``Construction of HOV Lanes on I-710'' and
inserting ``Construction of automobile and truck separation lanes at
the southern terminus of I-710''.
SEC. 138. APPLICABILITY OF CERTAIN VEHICLE WEIGHT LIMITATIONS IN
WISCONSIN.
Section 127 of title 23, United States Code, 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
enactment of this subsection.''.
SEC. 139. PROHIBITION ON NEW HIGHWAY DEMONSTRATION PROJECTS.
(a) In General.--Notwithstanding any other law, neither the
Secretary of Transportation nor any other officer or employee of the
United States may make funds available for obligation to carry out any
demonstration project described in subsection (b) that has not been
authorized, or for which no funds have been made available, as of the
date of enactment of this Act.
(b) Projects.--Subsection (a) applies to a demonstration project or
program that the Secretary of Transportation determines--
(1)(A) concerns a State-specific highway project or
research or development in a specific State; or
(B) is otherwise comparable to a demonstration project or
project of national significance authorized under any of
sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (Public Law 102-240; 105
Stat. 2027); and
(2) does not concern a federally owned highway.
SEC. 140. 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, chapter 48), 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 the title.
SEC. 141. MORATORIUM ON CERTAIN EMISSIONS TESTING REQUIREMENTS.
(a) Moratorium.--
(1) In general.--The Administrator of the Environmental
Protection Agency (referred to in this subsection as the
``Administrator'') shall not require adoption or implementation
by a State of a test-only or I/M240 enhanced vehicle inspection
and maintenance program as a means of compliance with section
182 of the Clean Air Act (42 U.S.C. 7511a), but the
Administrator may approve such a program if a State chooses to
adopt the program as a means of compliance.
(2) Repeal.--Paragraph (1) is repealed effective as of the
date that is 1 year after the date of enactment of this Act.
(b) Plan Approval.--
(1) In general.--The Administrator of the Environmental
Protection Agency (referred to in this subsection as the
``Administrator'') shall not disapprove a State implementation
plan revision under section 182 of the Clean Air Act (42 U.S.C.
7511a) on the basis of a regulation providing for a 50-percent
discount for alternative test-and-repair inspection and
maintenance programs.
(2) Credit.--If a State provides data for a proposed
inspection and maintenance system for which credits are
appropriate under section 182 of the Clean Air Act (42 U.S.C.
7511a), the Administrator shall allow the full amount of credit
for the system that is appropriate without regard to any
regulation that implements that section by requiring
centralized emissions testing.
(3) Deadline.--The Administrator shall complete and present
a technical assessment of data for a proposed inspection and
maintenance system submitted by a State not later than 45 days
after the date of submission.
SEC. 142. ELIMINATION OF PENALTIES FOR NONCOMPLIANCE WITH MOTORCYCLE
HELMET USE REQUIREMENT.
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. 143. CLARIFICATION OF ELIGIBILITY.
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 funding under sections 130, 144, and 149 of title 23,
United States Code.
SEC. 144. TOLL ROADS, BRIDGES, TUNNELS, NON-TOLL ROADS THAT HAVE A
DEDICATED REVENUE SOURCE, AND FERRIES.
Section 129 of title 23, United States Code, is amended--
(1) by revising the title to read as follows:
``Sec. 129. Toll roads, bridges, tunnels, non-toll roads that have a
dedicated revenue source, and ferries''; and
(2) by revising paragraph 129(a)(7) to read as follows:
``(7) Loans.--
``(A) In general.--A State may loan an amount equal
to all or part of the Federal share of a toll project
or a non-toll project that has a dedicated revenue
source, specifically dedicated to such project or
projects under this section, to a public entity
constructing or proposing to construct a toll facility
or non-toll facility with a dedicated revenue source.
Dedicated revenue sources for non-toll facilities
include: excise taxes, sales taxes, motor vehicle use
fees, tax on real property, tax increment financing, or
such other dedicated revenue source as the Secretary
deems appropriate.''.
SEC. 145. TRANSFER OF FUNDS BETWEEN CERTAIN DEMONSTRATION PROJECTS IN
LOUISIANA.
Notwithstanding any other law, the funds available for obligation
to carry out the project in West Calcasieu Parish, Louisiana,
authorized by section 149(a)(87) of the Surface Transportation and
Uniform Relocation Assistance Act of 1987 (Public Law 100-17; 101 Stat.
194) shall be made available for obligation to carry out the project
for Lake Charles, Louisiana, authorized by item 17 of the table in
section 1106(a)(2) of the Intermodal Surface Transportation Efficiency
Act of 1991 (Public Law 102-240; 105 Stat. 2038).
SEC. 146. NORTHWEST ARKANSAS REGIONAL AIRPORT CONNECTOR.
Notwithstanding any other provision of law, the Federal share for
the intermodal connecter to the Northwest Arkansas Regional Airport
from U.S. Highway 71 in Arkansas shall be 95 percent.
SEC. 147. INTERCITY RAIL INFRASTRUCTURE INVESTMENT.
(a) Interstate Rail Compacts.--
(1) Consent to compacts.--Congress grants consent to States
with an interest in a specific form, route, or corridor of
intercity passenger rail service (including high speed rail
service) to enter into interstate compacts to promote the
provision of the service, including--
(A) retaining an existing service or commencing a
new service;
(B) assembling rights-of-way; and
(C) performing capital improvements, including--
(i) the construction and rehabilitation of
maintenance facilities;
(ii) the purchase of locomotives; and
(iii) operational improvements, including
communications, signals, and other systems.
(2) Financing.--An interstate compact established by States
under paragraph (1) may provide that, in order to carry out the
compact, the States may--
(A) accept contributions from a unit of State or
local government or a person;
(B) use any Federal or State funds made available
for intercity passenger rail service (except funds made
available for the National Railroad Passenger
Corporation);
(C) on such terms and conditions as the States
consider advisable--
(i) borrow money on a short-term basis and
issue notes for the borrowing; and
(ii) issue bonds; and
(D) obtain financing by other means permitted under
Federal or State law.
(b) Eligibility of Passenger Rail as Surface Transportation Program
Project.--Section 133(b) of title 23, United States Code, is amended--
(1) in paragraph (1), by inserting ``, railroads,'' after
``highways)'';
(2) in paragraph (2)--
(A) by inserting ``, all eligible activities under
section 5311 of title 49, United States Code,'' before
``and publicly owned'';
(B) by inserting ``or rail passenger'' after
``intercity bus''; and
(C) by inserting before the period at the end the
following: ``, including terminals and facilities owned
by the National Railroad Passenger Corporation''; and
(3) in paragraph (6), by inserting ``, and for passenger
rail services,'' after ``programs''.
(c) Eligibility of Passenger Rail Under Congestion Mitigation and
Air Quality Improvement Program.--The first sentence of section 149(b)
of title 23, United States Code, is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) if the project or program will have air quality
benefits through construction of and operational improvements
for intercity passenger rail facilities, operation of intercity
passenger rail trains, and acquisition of rolling stock for
intercity passenger rail service, except that not more than 50
percent of the amount received by a State for a fiscal year
under this paragraph may be obligated for operating support.''.
SEC. 148. OPERATION OF MOTOR VEHICLES BY INTOXICATED MINORS.
Section 158(a) of title 23, United States Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Operation of motor vehicles by intoxicated minors.--
``(A) Fiscal year 1998.--If the condition described
in subparagraph (C) exists in a State as of October 1,
1998, the Secretary shall withhold, on October 1, 1998,
5 percent of the amount required to be apportioned to
the State under each of paragraphs (1), (2), (5), and
(6) of section 104(b) for fiscal year 1998.
``(B) Fiscal years thereafter.--If the condition
described in subparagraph (C) exists in a State as of
October 1, 1999, or any October 1 thereafter, the
Secretary shall withhold, on that October 1, 10 percent
of the amount required to be apportioned to the State
under each of paragraphs (1), (2), (5), and (6) of
section 104(b) for the fiscal year beginning on that
October 1.
``(C) Condition.--The condition referred to in
subparagraphs (A) and (B) is that an individual under
the age of 21 who has a blood alcohol concentration of
0.02 percent or greater when operating a motor vehicle
in the State is not considered to be driving while
intoxicated or driving under the influence of
alcohol.''; and
(2) in paragraph (2), by striking ``After the first year''
and inserting ``Purchase and possession of alcoholic beverages
by minors''.
SEC. 149. CONTINGENT COMMITMENTS.
At the end of section 5309(g)(4) of title 49, United States Code,
add the following new sentence: ``The Secretary may enter future
obligations in excess of 50 percent of said uncommitted cash balance
for the purpose of contingent commitments for projects authorized under
section 3032 of Public Law 102-240.''.
SEC. 150. AVAILABILITY OF CERTAIN FUNDS FOR BOSTON-TO-PORTLAND RAIL
CORRIDOR.
Section 5309 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(p) Boston-To-Portland Rail Corridor.--Notwithstanding any other
provision of law, up to $3,600,000 of the funds made available under
this section for the rail corridor between Boston, Massachusetts and
Portland, Maine may be used to pay for operating costs arising in
connection with such rail corridor under section 5333(b).''.
SEC. 151. REVISION OF AUTHORITY OF MULTIYEAR CONTRACTS.
Section 3035(ww) of the Intermodal Surface Transportation
Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2136) is amended
by adding at the end the following: ``Of the funds provided by this
subsection, $100,000,000 is authorized to be appropriated for
regionally significant ground transportation projects in the State of
Hawaii.''.
SEC. 152. FEASIBILITY STUDY OF EVACUATION ROUTES FOR LOUISIANA COASTAL
AREAS.
Notwithstanding any other provisions of law, section 1105(e)(2) of
Public Law 102-240 is amended by adding at the end the following new
sentence: ``A feasibility study may be conducted under this subsection
to identify routes that will expedite future emergency evacuations of
coastal areas of Louisiana.''.
SEC. 153. 34TH STREET CORRIDOR PROJECT IN MOORHEAD, MINNESOTA.
Section 149(a)(5)(A) of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (Public Law 100-17; 101 Stat. 181) is
amended--
(1) in clause (i), by striking ``and'' at the end; and
(2) by inserting ``and (iii) a safety overpass,'' after
``interchange,''.
SEC. 154. SAFETY BELT USE LAW REQUIREMENTS FOR NEW HAMPSHIRE AND MAINE.
The State of New Hampshire and the State of Maine shall be deemed
as having met the safety belt use law requirements of section 153 of
title 23, United States Code, upon certification by the Secretary of
Transportation that the State has achieved--
(1) a safety belt use rate in each of fiscal years ending
September 30, 1995 and September 30, 1996, of not less than 50
percent; and
(2) a safety belt use rate in each succeeding fiscal year
thereafter of not less than the national average safety belt
use rate, as determined by the Secretary of Transportation.
SEC. 155. REPORT ON ACCELERATED VEHICLE RETIREMENT PROGRAMS.
Not later than 180 days after the date of enactment of this Act,
the Administrator of the Environmental Protection Agency shall transmit
to Congress a report evaluating the effectiveness of all accelerated
vehicle retirement programs described in section 108(f)(1)(A)(xvi) of
the Clean Air Act (42 U.S.C. 7408(f)(1)(A)(xvi)) in existence on the
date of enactment of this Act. The report shall evaluate--
(1) the certainties of emissions reductions gained from
each program;
(2) the variability of emissions of retired vehicles;
(3) the reduction in the number of vehicle miles traveled
by the vehicles retired as a result of each program;
(4) the subsequent actions of vehicle owners participating
in each program concerning the purchase of a new or used
vehicle or the use of such a vehicle;
(5) the length of the credit given to a purchaser of a
retired vehicle under each program;
(6) equity impacts of the programs on the used car market
for buyers and sellers; and
(7) such other factors as the Administrator determines
appropriate.
SEC. 156. INTERCITY RAIL INFRASTRUCTURE INVESTMENT FROM MASS TRANSIT
ACCOUNT OF HIGHWAY TRUST FUND.
Section 5323 of title 49, United States Code, is amended by adding
at the end the following new subsection:
``(m) Intercity Rail Infrastructure Investment.--Any assistance
provided to a State that does not have Amtrak service as of date of
enactment of this Act from the Mass Transit Account of the Highway
Trust Fund may be used for capital improvements to, and operating
support for, intercity passenger rail service.''.
SEC. 157. MORATORIUM.
(a) 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 Revised Statutes 2477 (43 U.S.C. 932), as
such law was in effect prior to October 21, 1976.
(b) Sunset.--This section shall cease to have any force or effect
after December 1, 1995.
TITLE II--NATIONAL CAPITAL REGION INTERSTATE TRANSPORTATION AUTHORITY
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Capital Region Interstate
Transportation Authority Act of 1995''.
SEC. 202. FINDINGS.
Congress finds that--
(1) traffic congestion imposes serious economic burdens on
the metropolitan Washington, D.C., area, costing each commuter
an estimated $1,000 per year;
(2) the volume of traffic in the metropolitan Washington,
D.C., area is expected to increase by more than 70 percent
between 1990 and 2020;
(3) the deterioration of the Woodrow Wilson Memorial Bridge
and the growing population of the metropolitan Washington,
D.C., area contribute significantly to traffic congestion;
(4) the Bridge serves as a vital link in the Interstate
System and in the Northeast corridor;
(5) identifying alternative methods for maintaining this
vital link of the Interstate System is critical to addressing
the traffic congestion of the area;
(6) the Bridge is--
(A) the only drawbridge in the metropolitan
Washington, D.C., area on the Interstate System;
(B) the only segment of the Capital Beltway with
only 6 lanes; and
(C) the only segment of the Capital Beltway with a
remaining expected life of less than 10 years;
(7) the Bridge is the only part of the Interstate System
owned by the Federal Government;
(8)(A) the Bridge was constructed by the Federal
Government;
(B) prior to the date of enactment of this Act, the Federal
Government has contributed 100 percent of the cost of building
and rehabilitating the Bridge; and
(C) the Federal Government has a continuing responsibility
to fund future costs associated with the upgrading of the
Interstate Route 95 crossing, including the rehabilitation and
reconstruction of the Bridge;
(9) the Woodrow Wilson Bridge Coordination Committee,
established by the Federal Highway Administration and comprised
of representatives of Federal, State, and local governments, is
undertaking planning studies pertaining to the Bridge,
consistent with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and other applicable Federal laws;
(10) the transfer of ownership of the Bridge to a regional
entity under the terms and conditions described in this 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 of Transportation that the Bridge be transferred
to an independent authority to be established by the Capital
Region jurisdictions.
SEC. 203. 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
the National Capital Region Interstate Transportation
Authority; and
(2) to authorize the transfer of ownership of the 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.
SEC. 204. DEFINITIONS.
In this title:
(1) Authority.--The term ``Authority'' means the National
Capital Region Interstate Transportation Authority authorized
by this title and by similar enactment by each of the Capital
Region jurisdictions.
(2) Authority facility.--The term ``Authority facility''
means--
(A) the Bridge (as in existence on the date of
enactment of this Act);
(B) any southern Capital Beltway crossing of the
Potomac River constructed in the vicinity of the Bridge
after the date of enactment of this Act; or
(C) any building, improvement, addition, extension,
replacement, appurtenance, land, interest in land,
water right, air right, franchise, machinery,
equipment, furnishing, landscaping, easement, utility,
approach, roadway, or other facility necessary or
desirable in connection with or incidental to a
facility described in subparagraph (A) or (B).
(3) Board.--The term ``Board'' means the board of directors
of the Authority established under section 206.
(4) Bridge.--The term ``Bridge'' means the Woodrow Wilson
Memorial Bridge across the Potomac River.
(5) Capital region jurisdiction.--The term ``Capital Region
jurisdiction'' means--
(A) the Commonwealth of Virginia;
(B) the State of Maryland; or
(C) the District of Columbia.
(6) Interstate system.--The term ``Interstate System''
means the Dwight D. Eisenhower National System of Interstate
and Defense Highways designated under section 103(e) of title
23, United States Code.
(7) National capital region.--The term ``National Capital
Region'' means the region consisting of the metropolitan areas
of--
(A)(i) the cities of Alexandria, Fairfax, and Falls
Church, Virginia; and
(ii) the counties of Arlington and Fairfax,
Virginia, and the political subdivisions of the
Commonwealth of Virginia located in the counties;
(B) the counties of Montgomery and Prince Georges,
Maryland, and the political subdivisions of the State
of Maryland located in the counties; and
(C) the District of Columbia.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 205. ESTABLISHMENT OF AUTHORITY.
(a) Consent to Agreement.--Congress grants consent to the
Commonwealth of Virginia, the State of Maryland, and the District of
Columbia to enter into an interstate agreement or compact to establish
the National Capital Region Interstate Transportation Authority in
accordance with this title.
(b) Establishment of Authority.--
(1) In general.--On execution of the interstate agreement
or compact described in subsection (a), the Authority shall be
considered to be established.
(2) General powers.--The Authority shall be a body
corporate and politic, independent of all other bodies and
jurisdictions, having the powers and jurisdiction described in
this 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.
SEC. 206. 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 12 members appointed by the Capital Region jurisdictions
and 1 member appointed by the Secretary.
(c) Qualifications.--One member of the Board shall have an
appropriate background in finance, construction lending, or
infrastructure policy.
(d) Chairperson.--The chairperson of the Board shall be elected
biennially by the members of the Board.
(e) Secretary and Treasurer.--The Board may--
(1) biennially elect a secretary and a treasurer, or a
secretary-treasurer, without regard to whether the individual
is a member of the Board; and
(2) prescribe the powers and duties of the secretary and
treasurer, or the secretary-treasurer.
(f) Terms.--
(1) In general.--Except as provided in paragraph (2), a
member of the Board shall serve for a 6-year term, and shall
continue to serve until the successor of the member has been
appointed in accordance with this subsection.
(2) Initial appointments.--
(A) By capital region jurisdictions.--Members
initially appointed to the Board by a Capital Region
jurisdiction shall be appointed for the following
terms:
(i) 1 member shall be appointed for a 6-
year term.
(ii) 1 member shall be appointed for a 4-
year term.
(iii) 2 members shall each be appointed for
a 2-year term.
(B) By secretary.--The member of the Board
appointed by the Secretary shall be appointed for a 6-
year term.
(3) Failure to appoint.--The failure of a Capital Region
jurisdiction to appoint 1 or more members of the Board, as
provided in this subsection, shall not impair the establishment
of the Authority if the condition of the establishment
described in section 205(b)(1) has been met.
(4) Vacancies.--Subject to paragraph (5), a person
appointed to fill a vacancy on the Board shall serve for the
unexpired term.
(5) Reappointments.--A member of the Board shall be
eligible for reappointment for 1 additional term.
(6) Personal liability of members.--A member of the Board,
including any nonvoting member, shall not be personally liable
for--
(A) any action taken in the capacity of the member
as a member of the Board; or
(B) any note, bond, or other financial obligation
of the Authority.
(7) Quorum.--
(A) In general.--Subject to subparagraph (B), for
the purpose of carrying out the business of the
Authority, 7 members of the Board shall constitute a
quorum.
(B) Approval of bond issues and budget.--Eight
affirmative votes of the members of the Board shall be
required to approve bond issues and the annual budget
of the Authority.
(8) Compensation.--A member of the Board shall serve
without compensation and shall reside within a Capital Region
jurisdiction.
(9) Expenses.--A member of the Board shall be entitled to
reimbursement for the expenses of the member incurred in
attending a meeting of the Board or while otherwise engaged in
carrying out the duties of the Board.
SEC. 207. OWNERSHIP OF BRIDGE.
(a) Conveyance by Secretary.--
(1) In general.--After the Capital Region jurisdictions
enter into the agreement described in subsection (c), the
Secretary shall convey all right, title, and interest of the
Department of Transportation in and to the Bridge to the
Authority. Except as provided in paragraph (2), upon conveyance
by the Secretary, the Authority shall accept the right, title,
and interest in and to the Bridge, and all duties and
responsibilities associated with the Bridge.
(2) Interim responsibilities.--Until such time as a new
crossing of the Potomac River described in section 208 is
constructed and operational, the conveyance under paragraph (1)
shall in no way--
(A) relieve the Capital Region jurisdictions of the
sole and exclusive responsibility to maintain and
operate the Bridge; or
(B) relieve the Secretary of the responsibility to
rehabilitate the Bridge or to comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and all other requirements applicable with
respect to the Bridge.
(b) Conveyance by the Secretary of the Interior.--At the same time
as the conveyance of the Bridge by the Secretary under subsection (a),
the Secretary of the Interior shall transfer to the Authority all
right, title, and interest of the Department of the Interior in and to
such land under or adjacent to the Bridge as is necessary to carry out
section 208. Upon conveyance by the Secretary of the Interior, the
Authority shall accept the right, title, and interest in and to the
land.
(c) Agreement.--The agreement referred to in subsection (a) is an
agreement among the Secretary, the Governors of the Commonwealth of
Virginia and the State of Maryland, and the Mayor of the District of
Columbia as to the Federal share of the cost of the activities carried
out under section 208.
SEC. 208. CAPITAL IMPROVEMENTS AND CONSTRUCTION.
The Authority shall take such action as is necessary to address the
need of the National Capital Region for an enhanced southern Capital
Beltway crossing of the Potomac River that serves the traffic corridor
of the Bridge (as in existence on the date of enactment of this Act),
in accordance with the recommendations in the final environmental
impact statement prepared by the Secretary. The Authority shall have
the sole responsibility for the ownership, construction, operation, and
maintenance of a new crossing of the Potomac River.
SEC. 209. 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 207(a)(2), to plan, establish,
finance, operate, develop, construct, enlarge, maintain, equip,
or protect the Bridge or a new crossing of the Potomac River
described in section 208;
(4) to employ, in the discretion of the Authority, a
consulting engineer, attorney, accountant, construction or
financial expert, superintendent, or manager, or such other
employee or agent as is necessary, and to fix the compensation
and benefits of the employee or agent, except that--
(A) an employee of the Authority shall not engage
in an activity described in section 7116(b)(7) of title
5, United States Code, with respect to the Authority;
and
(B) an employment agreement entered into by the
Authority shall contain an explicit prohibition against
an activity described in subparagraph (A) with respect
to the Authority by an employee covered by the
agreement;
(5) to--
(A) acquire personal and real property (including
land lying under water and riparian rights), or any
easement or other interest in real property, by
purchase, lease, gift, transfer, or exchange; and
(B) exercise such powers of eminent domain in the
Capital Region jurisdictions as are conferred on the
Authority by the Capital Region jurisdictions, in the
exercise of the powers and the performance of the
duties of the Authority;
(6) to apply for and accept any property, material,
service, payment, appropriation, grant, gift, loan, advance, or
other fund that is transferred or made available to the
Authority by the Federal Government or by any other public or
private entity or individual;
(7) to borrow money on a short-term basis and issue notes
of the Authority for the borrowing payable on such terms and
conditions as the Board considers advisable, and to issue bonds
in the discretion of the Authority for any purpose consistent
with this title, which notes and bonds--
(A) shall not constitute a debt of the United
States, a Capital Region jurisdiction, or any political
subdivision of the United States or a Capital Region
jurisdiction; 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
described in section 208;
(8) to fix, revise, charge, and collect any reasonable toll
or other charge;
(9) to enter into any contract or agreement necessary or
appropriate to the performance of the duties of the Authority
or the proper operation of the Bridge or a new crossing of the
Potomac River described in section 208;
(10) to make any payment necessary to reimburse a local
political subdivision having jurisdiction over an area where
the Bridge or a new crossing of the Potomac River is situated
for any extraordinary law enforcement cost incurred by the
subdivision in connection with the Authority facility;
(11) to enter into partnerships or grant concessions
between the public and private sectors for the purpose of--
(A) financing, constructing, maintaining,
improving, or operating the Bridge or a new crossing of
the Potomac River described in section 208; or
(B) fostering development of a new transportation
technology;
(12) to obtain any necessary Federal authorization, permit,
or approval for the construction, repair, maintenance, or
operation of the Bridge or a new crossing of the Potomac River
described in section 208;
(13) to adopt an official seal and alter the seal, as the
Board considers appropriate;
(14) to appoint 1 or more advisory committees;
(15) to sue and be sued in the name of the Authority; and
(16) to carry out any activity necessary or appropriate to
the exercise of the powers or performance of the duties of the
Authority under this 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. 210. FUNDING.
(a) Set-Aside.--Section 104 of title 23, United States Code (as
amended by section 125(b)(2)(A)), is further amended--
(1) in the first sentence of subsection (b), by striking
``subsection (f) of this section'' and inserting ``subsections
(f) and (i)'';
(2) by redesignating subsection (i) as subsection (j); and
(3) by inserting before subsection (j) the following:
``(i) Woodrow Wilson Memorial Bridge.--Before making an
apportionment of funds under subsection (b), the Secretary shall set
aside $17,550,000 for fiscal year 1996 and $80,050,000 for fiscal year
1997 for the rehabilitation of the Woodrow Wilson Memorial Bridge and
for the planning, preliminary design, engineering, and acquisition of a
right-of-way for, and construction of, a new crossing of the Potomac
River.''.
(b) Applicability of Title 23.--Funds made available under this
section shall be available for obligation in the manner provided for
funds apportioned under chapter 1 of title 23, United States Code,
except that--
(1) the Federal share of the cost of any project funded
under this section shall be 100 percent; and
(2) the funds made available under this section shall
remain available until expended.
(c) Study.--Not later than May 31, 1997, the Secretary, in
consultation with each of the Capital Region jurisdictions, shall
prepare and submit to Congress a report identifying the necessary
Federal share of the cost of the activities to be carried out under
section 208.
(d) Distribution of Obligation Authority.--Section 1002(e)(3) of
the Intermodal Surface Transportation Efficiency Act of 1991 (Public
Law 102-240; 23 U.S.C. 104 note) is amended by inserting before the
period at the end the following: ``and the National Capital Region
Interstate Transportation Authority Act of 1995''.
(e) Removal of ISTEA Authorization for Bridge Rehabilitation.--
Section 1069 of the Intermodal Surface Transportation Efficiency Act of
1991 (Public Law 102-240; 105 Stat. 2009) is amended by striking
subsection (i).
SEC. 211. AVAILABILITY OF PRIOR AUTHORIZATIONS.
In addition to the funds made available under section 210, 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 (Public Law 102-240; 105 Stat. 2009 and 2028)
(as in effect prior to the amendment made by section 210(e)) shall
continue to be available after the conveyance of the Bridge to the
Authority under section 207(a), in accordance with the terms under
which the funds were made available under the Act.
TITLE III--FEDERAL HIGHWAY AND RAILROAD GRADE CROSSING SAFETY
SEC. 301. SHORT TITLE.
This title may be cited as the ``Federal Highway and Railroad Grade
Crossing Safety Act of 1995''.
SEC. 302. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.
In implementing the Intelligent Vehicle-Highway Systems Act of 1991
(23 U.S.C. 307 note), the Secretary of Transportation shall ensure that
the National Intelligent Vehicle-Highway Systems Program addresses, in
a comprehensive and coordinated manner, the use of intelligent vehicle-
highway technologies to promote safety at railroad-highway grade
crossings. The Secretary of Transportation shall ensure that two or
more operational tests funded under such Act shall promote highway
traffic safety and railroad safety.
SEC. 303. STATE HIGHWAY SAFETY MANAGEMENT SYSTEMS.
(a) Amendment of Regulations.--The Secretary of Transportation
shall conduct a rulemaking proceeding to amend the regulations under
section 500.407 of title 23, Code of Federal Regulations, to require
that each highway safety management system developed, established, and
implemented by a State shall, among countermeasures and priorities
established under subsection (b)(2) of that section--
(1) include public railroad-highway grade-crossing closure
plans that are aimed at eliminating high-risk or redundant
crossings (as defined by the Secretary);
(2) include railroad-highway grade-crossing policies that
limit the creation of new at-grade crossings for vehicle or
pedestrian traffic, recreational use, or any other purpose; and
(3) include plans for State policies, programs, and
resources to further reduce death and injury at high-risk
railroad-highway grade crossings.
(b) Deadline.--The Secretary of Transportation shall complete the
rulemaking proceeding described in subsection (a) and prescribe the
required amended regulations, not later than one year after the date of
enactment of this Act.
SEC. 304. VIOLATION OF GRADE-CROSSING LAWS AND REGULATIONS.
(a) Federal Regulations.--Section 31311 of title 49, United States
Code, is amended by adding at the end the following new subsection:
``(h) Grade-Crossing Violations.--
``(1) Sanctions.--The Secretary shall issue regulations
establishing sanctions and penalties relating to violations, by
persons operating commercial motor vehicles, of laws and
regulations pertaining to railroad-highway grade crossings.
``(2) Minimum requirements.--Regulations issued under
paragraph (1) shall, at a minimum, require that--
``(A) the penalty for a single violation shall not
be less than a 60-day disqualification of the driver's
commercial driver's license; and
``(B) any employer that knowingly allows, permits,
authorizes, or requires an employee to operate a
commercial motor vehicle in violation of such a law or
regulation shall be subject to a civil penalty of not
more than $10,000.''.
(b) Deadline.--The initial regulations required under section
31310(h) of title 49, United States Code, shall be issued not later
than one year after the date of enactment of this Act.
(c) State Regulations.--Section 31311(a) of title 49, United States
Code, is amended by adding at the end the following new paragraph:
``(18) Grade-crossing regulations.--The State shall adopt
and enforce regulations prescribed by the Secretary under
section 31310(h) of this title.''.
SEC. 305. SAFETY ENFORCEMENT.
(a) Cooperation Between Federal and State Agencies.--The National
Highway Traffic Safety Administration, and the Office of Motor Carriers
within the Federal Highway Administration, shall on a continuing basis
cooperate and work 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.
(b) Report.--The Secretary of Transportation shall submit a report
to Congress by January 1, 1996, indicating (1) how the Department
worked with the above mentioned entities 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 (2) how resources are being allocated to better
address these challenges and enforce such regulations.
SEC. 306. CROSSING ELIMINATION; STATEWIDE CROSSING FREEZE.
(a) Statement of Policy.--
(1) 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--
(A) to eliminate redundant and high risk railroad-
highway grade crossings; and
(B) to limit the creation of new crossings to the
minimum necessary to provide for the reasonable
mobility of the American people and their property,
including emergency access.
(2) Elimination of redundant and high-risk railroad-highway
grade crossings is necessary to permit optimum use of available
funds to improve the safety of remaining crossings, including
funds provided under Federal law.
(3) Effective programs to reduce the number of unneeded
railroad-highway grade crossings, and to close those crossings
that cannot be made reasonably safe (due to reasons of
topography, angles of intersection, etc.), require the
partnership of Federal, State, and local officials and
agencies, and affected railroads.
(4) Promotion of a balanced national transportation system
requires that highway planning specifically take into
consideration the interface between highways and the national
railroad system.
(b) Partnership and Oversight.--The Secretary shall foster a
partnership among Federal, State, and local transportation officials
and agencies to reduce the number of railroad-highway grade crossings
and to improve safety at remaining crossings. The Secretary shall make
provisions for periodic review to ensure that each State (including
State subdivisions and local governments) is making substantial,
continued progress toward achievement of the purposes of this section.
(c) Crossing Freeze.--If, upon review, and after opportunity for a
hearing, the Secretary determines that a State or political subdivision
thereof has failed to make substantial, continued progress toward
achievement of the purposes of this section, then the Secretary shall
impose a limit on the maximum number of public railroad-highway grade
crossings in that State. The limitation imposed by the Secretary under
this subsection shall remain in effect until the State demonstrates
compliance with the requirements of this section. In addition, the
Secretary may, for a period of not more than 3 years after such a
determination, require compliance with specific numeric targets for net
reductions in the number of railroad-highway grade crossings (including
specification of hazard categories with which such crossings are
associated).
(d) Regulations.--The Secretary shall issue such regulations as may
be necessary to carry out this section.
Passed the Senate June 22 (legislative day, June 19), 1995.
Attest:
Secretary.
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104th CONGRESS
1st Session
S. 440
_______________________________________________________________________
AN ACT
To amend title 23, United States Code, to provide for the designation
of the National Highway System, and for other purposes.