[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2088 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2088

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 SENATE OF THE UNITED STATES

                           February 23, 2000

  Mr. Cleland introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 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) Continued authorization of funding.--
                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 is in 
                conformity as required by subparagraph (C)(i) or (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, 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. AMENDMENTS 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 of 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 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 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 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).''.
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