[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3686 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3686

To amend the Clean Air Act and titles 23 and 49, United States Code, to 
   provide for continued authorization of funding of transportation 
          projects after a lapse in transportation conformity.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 16, 2000

   Mr. Lewis of Georgia (for himself and Mr. Filner) introduced the 
following bill; which was referred to the Committee on Commerce, and in 
 addition to the Committee on Transportation and Infrastructure, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Clean Air Act and titles 23 and 49, United States Code, to 
   provide for continued authorization of funding of transportation 
          projects after a lapse in transportation conformity.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONTINUED AUTHORIZATION OF FUNDING OF TRANSPORTATION 
              PROJECTS AFTER LAPSE IN TRANSPORTATION CONFORMITY.

    Section 176(c)(2) of the Clean Air Act (42 U.S.C 7506(c)(2)) is 
amended by adding at the end the following:
            ``(E) Notwithstanding subparagraphs (C) and (D), any 
        transportation project identified for funding in a 
        transportation plan and transportation improvement program 
        adopted under section 134 of title 23 or sections 5303 through 
        5306 of title 49, United States Code, shall remain eligible for 
        funding under title 23 or chapter 53 of title 49, United States 
        Code, as applicable, after the long-range transportation plan 
        or transportation improvement program no longer conforms as 
        required by subparagraphs (2)(C)(i) or (2)(D), if--
                    ``(i) the long-range transportation plan and 
                transportation program met the requirements of 
                subsection (c) at the time at which a project agreement 
                for the transportation project was approved under 
                section 106(a)(2) of title 23, United States Code, or 
                the project was otherwise approved for assistance under 
                chapter 53 of title 49, United States Code, as 
                applicable;
                    ``(ii) the transportation project is a 
                transportation control measure (as defined in section 
                93.101 of title 40 of the Code of Federal Regulations 
                (as in effect on March 1, 1999);
                    ``(iii) the transportation project qualifies for an 
                exemption from the requirement that the transportation 
                project come from a conforming metropolitan long-range 
                transportation plan and transportation improvement 
                program under section 93.126 or 93.127 of title 40, 
                Code of Federal Regulations (as in effect on March 1, 
                1999); or
                    ``(iv) the transportation project is exempt from a 
                prohibition on approval under section 179(b)(1), except 
                that this paragraph shall not apply to a transportation 
                project described in section 179(b)(1)(B)(iv).''.

SEC. 2. AMENDMENT OF LONG-RANGE TRANSPORTATION PLANS AND TRANSPORTATION 
              IMPROVEMENT PROGRAMS NOT CONFORMING TO APPLICABLE 
              IMPLEMENTATION PLANS.

    (a) Transportation Plans.--Section 134 of title 23, United States 
Code, is amended by adding at the end the following:
    ``(p) Amendments to Plans and Programs Not Conforming to Applicable 
Implementation Plans.--Notwithstanding any other provision of law, a 
long-range transportation plan or transportation improvement program 
under this section that no longer conforms to the applicable 
implementation plan under section 176(c) of the Clean Air Act (42 
U.S.C. 7506(c)) and part 93 of title 40, Code of Federal Regulations 
(or a successor regulation), may be amended without a demonstration of 
conformity if the amendment is solely for the purpose for adding a 
transportation project--
            ``(1) for which the State submits to the Administrator of 
        the Environmental Protection Agency a request for approval as a 
        transportation control measure (as defined in section 93.101 of 
        title 40, Code of Federal Regulations (as in effect on March 1, 
        1999)) under section 110 of the Clean Air Act (42 U.S.C. 7410); 
        or
            ``(2) that qualifies for an exemption from the requirement 
        that the transportation project come from a conforming 
        metropolitan long-range transportation improvement program 
        under section 93.126 or 93.127 of title 40, Code of Federal 
        Regulations (as in effect on March 1, 1999).''.
    (b) Mass Transportation Plans.--Section 5303 of title 49, United 
States Code, is amended by adding at the end the following:
    ``(i) Amendments of Plans and Programs Not Conforming to Applicable 
Implementation Plans.--Notwithstanding any other provision of law, a 
long-range transportation plan under this section or a transportation 
improvement program under section 5304 that no longer conforms to the 
applicable implementation plan under section 176(c) of the Clean Air 
Act (42 U.S.C. 7506(c)) and part 93 of title 40, Code of Federal 
Regulations (or a successor regulation), may be amended without a 
demonstration of conformity if the amendment is solely for the purpose 
of adding a transportation project--
            ``(1) for which the State submits to the Administrator of 
        the Environmental Protection Agency a request for approval as a 
        transportation control measure (as defined in section 93.101 of 
        title 40, Code of Federal Regulations (as in effect on March 1, 
        1999)) under section 110 of the Clean Air Act (42 U.S.C. 7410); 
        or
            ``(2) that qualifies for an exemption from the requirement 
        that the transportation project come from a conforming 
        metropolitan long-range transportation plan under and 
        transportation improvement program under section 93.126 and 
        93.127 of title 40, Code of Federal Regulations (as in effect 
        on March 1, 1999).''.
                                 <all>