[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 690 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 690

To provide for mass transportation in national parks and related public 
                                 lands.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 23, 1999

  Mr. Sarbanes (for himself, Mr. Reid, Mr. Murkowski, Mrs. Boxer, Mr. 
    Kennedy, Mr. Moynihan, Mr. Schumer, Mr. Kerry, and Mrs. Murray) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for mass transportation in national parks and related public 
                                 lands.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transit in Parks (TRIP) Act''.

SEC. 2. MASS TRANSPORTATION IN NATIONAL PARKS AND RELATED PUBLIC LANDS.

    (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 5339. Mass transportation in national parks and related public 
              lands
    ``(a) Policies, Findings, and Purposes.--
            ``(1) Development of transportation systems.--It is in the 
        interest of the United States to encourage and promote the 
        development of transportation systems for the betterment of the 
        national parks and other units of the National Park System, 
        national wildlife refuges, recreational areas, and other public 
        lands in order to conserve natural, historical, and cultural 
        resources and prevent adverse impact, relieve congestion, 
        minimize transportation fuel consumption, reduce pollution 
        (including noise and visual pollution), and enhance visitor 
        mobility and accessibility and the visitor experience.
            ``(2) General findings.--Congress finds that--
                    ``(A) section 1050 of the Intermodal Surface 
                Transportation Efficiency Act of 1991 (Public Law 102-
                240) authorized a study of alternatives for visitor 
                transportation in the National Park System which was 
                released by the National Park Service in May 1994;
                    ``(B) the study found that--
                            ``(i) increasing traffic congestion in the 
                        national parks requires alternative 
                        transportation strategies to enhance resource 
                        protection and the visitor experience and to 
                        reduce congestion;
                            ``(ii) visitor use, National Park Service 
                        units, and concession facilities require 
                        integrated planning; and
                            ``(iii) the transportation problems and 
                        visitor services require increased coordination 
                        with gateway communities;
                    ``(C) on November 25, 1997, the Department of 
                Transportation and the Department of the Interior 
                entered into a Memorandum of Understanding to address 
                transportation needs within and adjacent to national 
                parks and to enhance cooperation between the 
                departments on park transportation issues;
                    ``(D) to initiate the Memorandum of Understanding, 
                and to implement President Clinton's `Parks for 
                Tomorrow' initiative, outlined on Earth Day, 1996, the 
                Department of Transportation and the Department of the 
                Interior announced, in December 1997, the intention to 
                implement mass transportation services in the Grand 
                Canyon National Park, Zion National Park, and Yosemite 
                National Park;
                    ``(E) section 3039 of the Transportation Equity Act 
                for the 21st Century authorized a comprehensive study, 
                to be conducted by the Secretary of Transportation in 
                coordination with the Secretary of the Interior, and 
                submitted to Congress on January 1, 2000, of 
                alternative transportation in national parks and 
                related public lands, in order to--
                            ``(i) identify the transportation 
                        strategies that improve the management of the 
                        national parks and related public lands;
                            ``(ii) identify national parks and related 
                        public lands with existing and potential 
                        problems of adverse impact, high congestion, 
                        and pollution, or which can benefit from 
                        alternative transportation modes;
                            ``(iii) assess the feasibility of 
                        alternative transportation modes; and
                            ``(iv) identify and estimate the costs of 
                        those alternative transportation modes;
                    ``(F) many of the national parks and related public 
                lands are experiencing increased visitation and 
                congestion and degradation of the natural, historical, 
                and cultural resources;
                    ``(G) there is a growing need for new and expanded 
                mass transportation services throughout the national 
                parks and related public lands to conserve and protect 
                fragile natural, historical, and cultural resources, 
                prevent adverse impact on those resources, and reduce 
                pollution and congestion, while at the same time 
                facilitating appropriate visitor mobility and 
                accessibility and improving the visitor experience;
                    ``(H) the Federal Transit Administration, through 
                the Department of Transportation, can assist the 
                Federal land management agencies through financial 
                support and technical assistance and further the 
                achievement of national goals to enhance the 
                environment, improve mobility, create more livable 
                communities, conserve energy, and reduce pollution and 
                congestion in all regions of the country; and
                    ``(I) immediate financial and technical assistance 
                by the Department of Transportation, working with 
                Federal land management agencies and State and local 
                governmental authorities to develop efficient and 
                coordinated mass transportation systems within and 
                adjacent to national parks and related public lands is 
                essential to conserve natural, historical, and cultural 
                resources, relieve congestion, reduce pollution, 
                improve mobility, and enhance visitor accessibility and 
                the visitor experience.
            ``(3) General purposes.--The purposes of this section are--
                    ``(A) to develop a cooperative relationship between 
                the Secretary of Transportation and the Secretary of 
                the Interior to carry out this section;
                    ``(B) to encourage the planning and establishment 
                of mass transportation systems and nonmotorized 
                transportation systems needed within and adjacent to 
                national parks and related public lands, located in 
                both urban and rural areas, that enhance resource 
                protection, prevent adverse impacts on those resources, 
                improve visitor mobility and accessibility and the 
                visitor experience, reduce pollution and congestion, 
                conserve energy, and increase coordination with gateway 
                communities;
                    ``(C) to assist Federal land management agencies 
                and State and local governmental authorities in 
                financing areawide mass transportation systems to be 
                operated by public or private mass transportation 
                authorities, as determined by local and regional needs, 
                and to encourage public-private partnerships; and
                    ``(D) to assist in the research and development of 
                improved mass transportation equipment, facilities, 
                techniques, and methods with the cooperation of public 
                and private companies and other entities engaged in the 
                provision of mass transportation services.
    ``(b) Definitions.--In this section--
            ``(1) the term `Federal land management agency' means the 
        National Park Service, the United States Fish and Wildlife 
        Service, or the Bureau of Land Management;
            ``(2) the term `national parks and related public lands' 
        means the national parks and other units of the National Park 
        System, national wildlife refuges, recreational areas, and 
        other public lands managed by the Federal land management 
        agencies;
            ``(3) the term `qualified participant' means a Federal land 
        management agency, or a State or local governmental authority, 
        acting alone, in partnership, or with another Governmental or 
        nongovernmental participant;
            ``(4) the term `qualified mass transportation project' 
        means a project--
                    ``(A) that is carried out within or adjacent to 
                national parks and related public lands; and
                    ``(B) that--
                            ``(i) is a capital project, as defined in 
                        section 5302(a)(1) (other than preventive 
                        maintenance activities);
                            ``(ii) is any activity described in section 
                        5309(a)(1)(A);
                            ``(iii) involves the purchase of rolling 
                        stock that incorporates clean fuel technology 
                        or the replacement of existing buses with clean 
                        fuel vehicles or the deployment of mass 
                        transportation vehicles that introduce new 
                        technology;
                            ``(iv) relates to the capital costs of 
                        coordinating the Federal land management agency 
                        mass transportation systems with other mass 
                        transportation systems;
                            ``(v) involves nonmotorized transportation 
                        systems, including the provision of facilities 
                        for pedestrians and bicycles;
                            ``(vi) involves the development of 
                        waterborne access within or adjacent to 
                        national parks and related public lands, 
                        including watercraft, as appropriate to and 
                        consistent with the purposes described in 
                        subsection (a)(3); or
                            ``(vii) is any transportation project 
                        that--
                                    ``(I) enhances the environment;
                                    ``(II) prevents adverse impact on 
                                natural resources;
                                    ``(III) improves Federal land 
                                management agency resources management;
                                    ``(IV) improves visitor mobility 
                                and accessibility and the visitor 
                                experience;
                                    ``(V) reduces congestion and 
                                pollution, including noise and visual 
                                pollution;
                                    ``(VI) conserves natural, 
                                historical, and cultural resources 
                                (other than through the rehabilitation 
                                or restoration of historic buildings); 
                                and
                                    ``(VII) incorporates private 
                                investment; and
            ``(5) the term `Secretary' means the Secretary of 
        Transportation.
    ``(c) Federal Agency Cooperative Arrangements.--
            ``(1) In general.--The Secretary shall develop a 
        cooperative relationship with the Secretary of the Interior, 
        which shall provide for--
                    ``(A) the exchange of technical assistance;
                    ``(B) interagency and multidisciplinary teams to 
                develop Federal land management agency transportation 
                policy, procedures, and coordination; and
                    ``(C) the development of procedures and criteria 
                relating to the planning, selection, and funding of 
                qualified mass transportation projects, and 
                implementation and oversight of the project plan in 
                accordance with the requirements of this section.
            ``(2) Project selection.--The Secretary, after consultation 
        and in cooperation with the Secretary of the Interior, shall 
        determine the final selection and funding of projects in 
        accordance with this section.
    ``(d) Types of Assistance.--
            ``(1) In general.--The Secretary may contract for or enter 
        into grants, cooperative agreements, or other agreements with a 
        qualified participant to carry out a qualified mass 
        transportation project under this section.
            ``(2) Other uses.--A grant or cooperative agreement or 
        other agreement for a qualified mass transportation project 
        under this section also is available to finance the leasing of 
        equipment and facilities for use in mass transportation, 
        subject to regulations the Secretary prescribes limiting the 
        grant or cooperative arrangement or other agreement to leasing 
        arrangements that are more cost effective than purchase or 
        construction.
    ``(e) Limitation on Use of Available Amounts.--The Secretary may 
not use more than 5 percent of the amount made available for a fiscal 
year under section 5338(j) to carry out planning, research, and 
technical assistance under this section, including the development of 
technology appropriate for use in a qualified mass transportation 
project. Amounts made available under this subsection are in addition 
to amounts otherwise available for planning, research, and technical 
assistance under this title or any other provision of law.
    ``(f) Planning Process.--In undertaking a qualified mass 
transportation project under this section--
            ``(1) if the qualified participant is a Federal land 
        management agency--
                    ``(A) the Secretary, in cooperation with the 
                Secretary of the Interior, shall develop transportation 
                planning procedures that are consistent with sections 
                5303 through 5305; and
                    ``(B) the General Management Plans of the units of 
                the National Park System shall be incorporated into the 
                planning process;
            ``(2) if the qualified participant is a State or local 
        governmental authority, or more than 1 State or local 
        governmental authority in more than 1 State, the qualified 
        participant shall comply with sections 5303 through 5305;
            ``(3) if the national parks and related public lands at 
        issue lie in multiple States, there shall be cooperation in the 
        planning process under sections 5303 through 5305, to the 
        maximum extent practicable, as determined by the Secretary, 
        between those States and the Secretary of the Interior; and
            ``(4) the qualified participant shall comply with the 
        public participation requirements of section 5307(c).
    ``(g) Government's Share of Costs.--
            ``(1) In general.--The Secretary shall establish the 
        Federal Government share of assistance to a qualified 
        participant under this section.
            ``(2) Considerations.--In establishing the Government's 
        share of the net costs of a qualified transportation project 
        under paragraph (1), the Secretary shall consider--
                    ``(A) visitation levels and the revenue derived 
                from user fees in the national parks and related public 
                lands at issue;
                    ``(B) the extent to which the qualified participant 
                coordinates with an existing public or private mass 
                transportation authority;
                    ``(C) private investment in the qualified mass 
                transportation project, including the provision of 
                contract services, joint development activities, and 
                the use of innovative financing mechanisms;
                    ``(D) the clear and direct benefit to a qualified 
                participant assisted under this section; and
                    ``(E) any other matters that the Secretary 
                considers appropriate to carry out this section.
            ``(3) Non-federal share.--Notwithstanding any other 
        provision of law, Federal funds appropriated to any Federal 
        land management agency may be counted toward the non-Federal 
        share of the costs of any mass transportation project that is 
        eligible for assistance under this section.
    ``(h) Selection of Qualified Mass Transportation Projects.--In 
awarding assistance for a qualified mass transportation project under 
this section, the Secretary shall consider--
            ``(1) project justification, including the extent to which 
        the project would conserve the resources, prevent adverse 
        impact, and enhance the environment;
            ``(2) the location of the qualified mass transportation 
        project, to assure that the selection of projects--
                    ``(A) is geographically diverse nationwide; and
                    ``(B) encompasses both urban and rural areas;
            ``(3) the size of the qualified mass transportation 
        project, to assure a balanced distribution;
            ``(4) historical and cultural significance of a project;
            ``(5) safety;
            ``(6) the extent to which the project would enhance livable 
        communities;
            ``(7) the extent to which the project would reduce 
        pollution, including noise and visual pollution;
            ``(8) the extent to which the project would reduce 
        congestion and improve the mobility of people in the most 
        efficient manner; and
            ``(9) any other matters that the Secretary considers 
        appropriate to carry out this section.
    ``(i) Projects of Regional or National Significance.--
            ``(1) General authority.--In addition to other qualified 
        mass transportation projects, the Secretary may select a 
        qualified mass transportation project that is of regional or 
        national significance, or that has significant visitation, or 
        that can benefit from alternative transportation solutions to 
        problems of resource management, pollution, congestion, 
        mobility, and accessibility. Such projects shall meet the 
        criteria set forth in paragraphs (1) through (4) of section 
        5309(e), as applicable.
            ``(2) Project selection criteria.--
                    ``(A) Considerations.--In selecting a qualified 
                mass transportation project described in paragraph (1), 
                the Secretary shall consider, as appropriate, in 
                addition to the considerations set forth in subsection 
                (h)--
                            ``(i) visitation levels;
                            ``(ii) the use of innovative financing or 
                        joint development strategies;
                            ``(iii) coordination with the gateway 
                        communities; and
                            ``(iv) any other matters that the Secretary 
                        considers appropriate to carry out this 
                        subsection.
                    ``(B) Certain locations.--For fiscal years 2000 
                through 2003, projects described in paragraph (1) may 
                include the following locations:
                            ``(i) Grand Canyon National Park.
                            ``(ii) Zion National Park.
                            ``(iii) Yosemite National Park.
                            ``(iv) Acadia National Park.
                    ``(C) Limit.--No project assisted under this 
                subsection shall receive more than 12 percent of the 
                total amount made available under this section in any 
                fiscal year.
                    ``(D) Full funding grant agreements.--A project 
                assisted under this subsection whose net project cost 
                is greater than $25,000,000 shall be carried out 
                through a full funding grant agreement in accordance 
                with section 5309(g).
    ``(j) Undertaking Projects in Advance.--
            ``(1) In general.--The Secretary may pay the Government's 
        share of the net project cost to a qualified participant that 
        carries out any part of a qualified mass transportation project 
        without assistance under this section, and according to all 
        applicable procedures and requirements, if--
                    ``(A) the qualified participant applies for the 
                payment;
                    ``(B) the Secretary approves the payment; and
                    ``(C) before carrying out that part of the project, 
                the Secretary approves the plans and specifications in 
                the same way as other projects assisted under this 
                chapter.
            ``(2) Interest.--The cost of carrying out a part of a 
        project referred to in paragraph (1) includes the amount of 
        interest earned and payable on bonds issued by the State or 
        local governmental authority, to the extent proceeds of the 
        bond are expended in carrying out that part. However, the 
        amount of interest under this paragraph may not exceed the most 
        favorable interest terms reasonably available for the project 
        at the time of borrowing. The applicant shall certify, in a 
        manner that is satisfactory to the Secretary, that the 
        applicant has shown reasonable diligence in seeking the most 
        favorable financial terms.
            ``(3) Cost change considerations.--The Secretary shall 
        consider changes in project cost indices when determining the 
        estimated cost under paragraph (2).
    ``(k) Project Management Oversight.--The Secretary may use not more 
than 0.5 percent of amounts made available under this section for a 
fiscal year to oversee projects and participants in accordance with 
section 5327.
    ``(l) Relationship to Other Laws.--
            ``(1) In general.--Except as otherwise specifically 
        provided in this section, but subject to paragraph (2) of this 
        subsection, the Secretary shall require that all grants, 
        contracts, cooperative agreements, or other agreements under 
        this section shall be subject to the requirements of sections 
        5307(d), 5307(i), and any other terms, conditions, 
        requirements, and provisions that the Secretary determines are 
        necessary or appropriate to carry out this section, including 
        requirements for the distribution of proceeds on disposition of 
        real property and equipment resulting from the project assisted 
        under this section.
            ``(2) Labor standards.--Sections 5323(a)(1)(D) and 5333(b) 
        apply to assistance provided under this section.
    ``(m) State Infrastructure Banks.--A project assisted under this 
section shall be eligible for funding through a State Infrastructure 
Bank or other innovative financing mechanism otherwise available to 
finance an eligible mass transportation project under this chapter.
    ``(n) Asset Management.--The Secretary may transfer the Department 
of Transportation interest in and control over all facilities and 
equipment acquired under this section to a qualified participant for 
use and disposition in accordance with property management rules and 
regulations of the department, agency, or instrumentality of the 
Federal Government.
    ``(o) Coordination of Research and Deployment of New 
Technologies.--The Secretary may undertake, or make grants or contracts 
(including agreements with departments, agencies, and instrumentalities 
of the Federal Government) or other agreements for research, 
development, and deployment of new technologies that will conserve 
resources and prevent adverse environmental impact, improve visitor 
mobility, accessibility and enjoyment, and reduce pollution, including 
noise and visual pollution, in the national parks and related public 
lands. The Secretary may request and receive appropriate information 
from any source. This subsection does not limit the authority of the 
Secretary under any other provision of law.
    ``(p) Report.--The Secretary, in consultation with the Secretary of 
the Interior, shall report annually to the Committee on Transportation 
and Infrastructure of the House of Representatives and to the Committee 
on Banking, Housing, and Urban Affairs of the Senate, on the allocation 
of amounts to be made available to assist qualified mass transportation 
projects under this section. Such reports shall be included in each 
report required under section 5309(p).''.
    (b) Authorizations.--Section 5338 of title 49, United States Code, 
is amended by adding at the end the following:
    ``(j) Section 5339.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out section 5339 $50,000,000 for each of fiscal years 
        2000 through 2003.
            ``(2) Availability.--Amounts made available under this 
        subsection for any fiscal year shall remain available for 
        obligation until the last day of the third fiscal year 
        commencing after the last day of the fiscal year for which the 
        amounts were initially made available under this subsection.''.
    (c) Conforming Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by adding at the end the following:

``5339. Mass transportation in national parks and related public 
                            lands.''.
    (d) Technical Amendments.--Chapter 53 of title 49, United States 
Code, is amended--
            (1) in section 5309--
                    (A) by redesignating subsection (p) as subsection 
                (q); and
                    (B) by redesignating the second subsection 
                designated as subsection (o) (as added by section 
                3009(i) of the Federal Transit Act of 1998 (112 Stat. 
                356-357)) as subsection (p);
            (2) in section 5328(a)(4), by striking ``5309(o)(1)'' and 
        inserting ``5309(p)(1)''; and
            (3) in section 5337, by redesignating the second subsection 
        designated as subsection (e) (as added by section 3028(b) of 
        the Federal Transit Act of 1998 (112 Stat. 367)) as subsection 
        (f).
                                 <all>