[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3366 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3366
To reduce traffic congestion, promote economic development, and improve
the quality of life in the metropolitan Washington region.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 28, 2001
Mr. Moran of Virginia (for himself, Ms. Norton, and Mr. Wynn)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
_______________________________________________________________________
A BILL
To reduce traffic congestion, promote economic development, and improve
the quality of life in the metropolitan Washington region.
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 ``Metropolitan Washington Regional
Transportation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) congestion is a serious problem in the metropolitan
Washington region, as evidenced by recent studies that have
found that congestion costs each man, woman, and child in the
region close to $800 per year in lost time, wasted fuel, and
environmental damage;
(2) in the past, regional leaders have successfully worked
together to address important transportation needs, through
such institutions as the Metropolitan Washington Airports
Authority, the Washington Metropolitan Area Transit Authority,
and the National Capital Region Transportation Planning Board
at the Metropolitan Washington Council of Governments;
(3) even greater regional cooperation is needed to prevent
congestion in the metropolitan Washington region from
worsening, in light of predictions that there will be a 31
percent increase in population, a 41 percent increase in
employment, and a 46 percent increase in vehicle miles traveled
in the region over the next 25 years;
(4) while transportation needs will grow significantly over
the next 25 years, spending is expected to fall short of
transportation needs over the same period by more than $43.5
billion, even with expected increases in Federal and State
spending;
(5) none of the existing metropolitan-wide transportation
agencies within the metropolitan Washington region has the
necessary powers, authorities, and resources to meet the
current and future transportation needs of the region;
(6) the failure to meet the transportation needs of the
metropolitan Washington region will undermine the quality of
life of the residents of the region, degrade the natural
environment, and adversely affect the ability of Federal
agencies and private sector businesses to operate effectively
and efficiently;
(7) the transportation challenges faced by the metropolitan
Washington region are unique and deserve the attention of
Congress because of the presence of the Federal Government
within the region and because of the intersection of 3
jurisdictions, consisting of 2 States and the District of
Columbia, within a single metropolitan area;
(8) the National Capital Region Transportation Planning
Board at the Metropolitan Washington Council of Governments,
the designated metropolitan planning organization for planning
and programming Federal transit and highway funds provided to
the metropolitan Washington region, is updating the long-range
plan for the region to meet transportation needs in the coming
decades; and
(9) with Federal assistance, the Board can more effectively
promote regional agreement on how to finance and implement its
long-range plan to meet the transportation needs of the
metropolitan Washington region.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to provide a new option to help the metropolitan
Washington region more effectively address its transportation
needs;
(2) to empower the National Capital Region Transportation
Planning Board to consult with the metropolitan Washington
region jurisdictions and the public to achieve consensus on a
list of critical transportation projects and a funding
mechanism that are needed to address the growing congestion
crisis in the region but cannot be funded within the current
and forecasted Federal, State, and local funding levels for
such projects;
(3) to establish a Corporation with the power to accept
revenue and issue debt to provide funding for projects that
have been agreed to by the region;
(4) to grant consent to the metropolitan Washington region
jurisdictions to enter into an interstate compact or agreement
that would help meet the region's long-term transportation
needs; and
(5) to provide Federal matching grants to the region to
promote consensus on a regional funding mechanism.
SEC. 4. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the National Capital
Region Transportation Planning Board at the Metropolitan
Washington Council of Governments.
(2) Corporation.--The term ``Corporation'' means the
Metropolitan Washington Regional Transportation Corporation
established by section 6(a).
(3) Metropolitan washington region; region.--The term
``metropolitan Washington region'' or ``region'' means the area
that is--
(A) located in the area including and surrounding
Washington, District of Columbia; and
(B) under the jurisdiction of the members of the
Board.
(4) Metropolitan washington region jurisdiction.--The term
``metropolitan Washington region jurisdiction'' means a
jurisdiction represented by a member of the Board.
(5) Project.--The term ``project'' means any effort to
reduce traffic congestion or improve travel options in the
metropolitan Washington region, including--
(A) the design, construction, and maintenance of
facilities or services;
(B) the operation of such facilities;
(C) the provision of services;
(D) the deployment of demand reduction and traffic
management measures; and
(E) any effort to improve coordination of
transportation planning and land use planning.
(6) Signatory.--The term ``signatory'' means a metropolitan
Washington region jurisdiction that enters into an interstate
compact or agreement under section 5(d).
SEC. 5. DUTIES OF THE BOARD.
(a) Duties.--
(1) In general.--The Board shall--
(A)(i) propose a list of priority transportation
projects that--
(I) are needed to address the growing
congestion crisis in the metropolitan
Washington region; and
(II) cannot be funded with Federal, State,
and local transportation funds that are
projected to be made available for the
metropolitan Washington region;
(ii) propose a regional funding mechanism to fund
the needed projects; and
(iii) manage the Corporation to provide funding for
regional transportation projects;
(B) provide notice and opportunity for comment on
its efforts under this Act by metropolitan Washington
region jurisdictions and the public;
(C) conduct outreach and education activities to
promote public participation;
(D) promote cooperative action by metropolitan
Washington region jurisdictions on regional
transportation issues; and
(E) if necessary, assist metropolitan Washington
region jurisdictions in developing an interstate
compact or agreement to better meet regional
transportation needs.
(2) Limitations.--The Board shall not have the power to--
(A) impose a tax; or
(B) preempt any Federal, State, or local law
(including a regulation).
(b) Board Support.--The Board shall use staff of the Board and may
employ such additional personnel and agents as are necessary to carry
out this Act, including public outreach staff to meet the public
participation requirements of titles 23 and 49, United States Code.
(c) Timetable.--The Board shall--
(1) develop and publish a first draft proposal listing
regional projects and regional funding mechanisms not later
than 210 days after the date of enactment of this Act;
(2) provide an opportunity for public comment on the first
draft proposal during the period beginning on the date of
publication of the first draft proposal and ending not earlier
than 90 days after that date; and
(3) not later than 2 years after the date of enactment of
this Act, develop and publish a final proposal; and
(4) prior to implementation of any regional project or
regional funding mechanism included in the final proposal,
obtain approval of the final proposal from--
(A) the Governor of the State of Virginia;
(B) the Governor of the State of Maryland; and
(C) the Mayor of the District of Columbia.
(d) Interstate Compact or Agreement.--
(1) In general.--Subject to paragraph (2), Congress grants
consent to 1 or more of the metropolitan Washington region
jurisdictions to enter into an interstate compact or agreement
to finance and implement 1 or more of the priority projects
from the long-range plan of the Board, if consent is granted
by--
(A) the Governor of each State that enters into the
compact or agreement; and
(B) if the District of Columbia enters into the
compact or agreement, the Mayor of the District of
Columbia.
(2) Requirements.--The interstate compact or agreement
shall--
(A) include a list of regional transportation
projects and a regional funding mechanism to fund the
projects; and
(B) include a time limit of not more than 2 years
for approval by the metropolitan Washington region
jurisdictions.
(e) Planning Process.--In carrying out this Act, the Board shall--
(1) comply with the planning requirements of titles 23 and
49, United States Code; and
(2)(A) ensure that the public has a full opportunity to
participate in the planning process; and
(B) work with citizen advisory committees representing all
points of view, including business, environmental,
transportation, senior citizens, youth, disabled, and
neighborhood associations.
SEC. 6. IMPLEMENTATION OF LONG-RANGE PLAN FOR THE METROPOLITAN
WASHINGTON REGION.
(a) Metropolitan Washington Regional Transportation Corporation.--
(1) Establishment.--There is established the Metropolitan
Washington Regional Transportation Corporation.
(2) General powers.--
(A) In general.--The Corporation shall be a body
corporate and politic, and an instrumentality of the
Board, having the powers and jurisdiction described in
this Act and such additional powers as are conferred on
the Corporation by the Board, to the extent that the
additional powers are consistent with this Act.
(B) Administration.--The Corporation shall be
governed in accordance with this Act and shall be
subject to such other provisions as the Board
determines to be appropriate.
(3) General limitations.--The Corporation shall not have
the power to--
(A) impose a tax; or
(B) preempt any Federal, State, or local law
(including a regulation).
(4) Duties.--The Corporation shall assist in the management
of any initial funding and implementation plan agreed to by the
signatories.
(5) Public accountability.--
(A) Public notice and participation.--The
Corporation shall be subject to the requirements of
chapter 5 of title 5, United States Code, concerning
public notice of, and participation at, all meetings of
the Corporation.
(B) Freedom of information act.--The Corporation
shall be considered to be an agency for the purpose of
compliance with requests under section 552 of title 5,
United States Code.
(C) Compliance with laws governing
transportation.--Projects funded by the Corporation
shall be considered to be federally funded projects
subject to--
(i) the National Historic Preservation Act
(16 U.S.C. 470 et seq.);
(ii) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(iii) the Clean Air Act (42 U.S.C. 7401 et
seq.); and
(iv) section 303 of title 49, United States
Code.
(6) Effective analysis.--In assessing the impact of
projects under consideration for funding, the Corporation shall
use analytical tools consistent with state-of-the-art
practices, in accordance with applicable Federal regulations
and guidance.
(7) Powers.--The Corporation shall have the power--
(A) to 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;
(B) 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 Corporation by the Federal Government
or by any other public or private entity or individual;
(C) to borrow money on a short-term basis and issue
notes of the Corporation for the borrowing payable on
such terms and conditions as the Corporation considers
advisable, and to issue long-term or short-term tax-
exempt bonds in the discretion of the Corporation for
any purpose consistent with this Act, which notes and
bonds--
(i) shall not constitute--
(I) a debt of the United States (or
any political subdivision of the United
States); or
(II) a general obligation of a
metropolitan Washington region
jurisdiction (or any political
subdivision of a metropolitan
Washington region jurisdiction), unless
consented to by the jurisdiction (or
political subdivision); and
(ii) may be secured solely by the general
revenues of the Corporation or by other
revenues in the discretion of the Corporation;
(D) to permit single-occupancy vehicles to travel
on high-occupancy lanes in the region, if--
(i) the affected signatory or signatories
consent to charge tolls to single-occupancy
vehicles given access to high-occupancy lanes;
(ii) the toll can be implemented in a way
that does not reduce the level of service; and
(iii) the affected signatory or signatories
consent to use the toll revenues for regional
transportation projects;
(E) to enter into any contract or agreement
appropriate to the performance of the duties of the
Corporation;
(F) to enter into partnerships or grant concessions
between the public and private sectors for the purpose
of--
(i) financing, constructing, maintaining,
improving, or operating regional transportation
facilities in the metropolitan Washington
region; or
(ii) fostering development of a new
transportation technology;
(G) to obtain any necessary Federal authorization,
permit, or approval for the construction, repair,
maintenance, or operation of regional transportation
facilities in the metropolitan Washington region;
(H) to adopt an official seal and alter the seal,
as the Corporation considers to be appropriate;
(I) to appoint 1 or more advisory committees;
(J) to sue and be sued in the name of the
Corporation;
(K) to contract with State or local governments, or
other entities, to carry out such maintenance of
traffic activities during construction of regional
transportation facilities in the metropolitan
Washington region as are considered to be necessary by
the Corporation to properly manage traffic and minimize
congestion, such as--
(i) public information campaigns;
(ii) improvements designed to encourage
appropriate use of alternative routes;
(iii) use of high occupancy vehicles and
transit services; and
(iv) deployment and operation of
intelligent transportation system technologies;
(L) to carry out any activity appropriate to the
exercise of the powers or performance of the duties of
the Corporation under this Act and under any interstate
compact or agreement relating to the Corporation that
is consistent with this Act, if the activity is
coordinated and consistent with the transportation
planning process implemented by the metropolitan
planning organization for the metropolitan Washington
region under section 134 of title 23, United States
Code, and section 5303 of title 49, United States Code;
and
(M) to work with the metropolitan Washington region
jurisdictions to improve coordination of transportation
planning and land use planning.
(b) Reports.--The Secretary of Transportation shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of
the Senate--
(1) not later than 1 year after the date of enactment of
this Act, an interim report on the progress of the Board in
developing cooperative transportation plans and regional
funding mechanisms to meet transportation needs in the
metropolitan Washington region; and
(2) not later than 3 years after the date of enactment of
this Act, a final report on the results of the actions of the
Board in developing cooperative transportation plans and
regional funding mechanisms to meet transportation needs in the
metropolitan Washington region.
SEC. 7. MAINTENANCE OF FUNDING AND EFFORT.
The funding provided under any regional transportation program
developed under this Act shall supplement (and not supplant) other
Federal, State, and local transportation funding for the metropolitan
Washington region jurisdictions. In using funds provided under this
Act, a metropolitan Washington region jurisdiction shall maintain the
expenditures of the jurisdiction for transportation in the metropolitan
Washington region, at a level that is not less than the level of the
expenditures maintained by the jurisdiction for the fiscal year
preceding the fiscal year for which the funds are received.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Administrative Costs.--There is authorized to be appropriated
to carry out this Act $300,000 for each of fiscal years 2002 through
2004, of which not less than--
(1) $100,000 shall be used by the Board for salaries and
administrative expenses of experts in financing and developing
interstate compacts or agreements; and
(2) $200,000 shall be used by the Board to support a
collaborative planning process, to disseminate information to
the public, and to pay the salaries and administrative expenses
of public outreach staff.
(b) Incentive Grants.--There is authorized to be appropriated
$20,000,000 for each of fiscal years 2004 through 2006 to provide up to
25 percent of the cost of regional projects agreed to by the
signatories under section 5(d).
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