[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.