[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2864 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2864

To amend title 23, United States Code, to provide increased flexibility 
                to donor States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2003

 Mr. Burgess introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
To amend title 23, United States Code, to provide increased flexibility 
                to donor States, 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.

    This Act may be cited as the ``Reforming, Accelerating, and 
Protecting Interstate Design (RAPID) Act''.

SEC. 2. INNOVATIVE SURFACE TRANSPORTATION FINANCING AND CONTRACTING 
              METHODS.

    (a) Definitions.--Section 101 of title 23, United States Code, is 
amended--
            (1) by redesignating paragraphs (28) through (37) as 
        paragraphs (30) through (39), respectively;
            (2) by redesignating paragraphs (5) through (27) as 
        paragraphs (6) through (28), respectively;
            (3) by inserting after paragraph (4) the following:
            ``(5) Donor state.--The term `donor State' means a State 
        that receives in a fiscal year a percentage of total 
        apportionments and allocations to all States from the Highway 
        Account of the Highway Trust Fund that is less than the 
        percentage attributable to highway users in that State of the 
        total estimated tax payments into the Account by highway users 
        in all States in the most recent fiscal year for which data is 
        available.''.
            (4) by inserting after paragraph (28) (as so redesignated) 
        the following:
            ``(29) Recipient state.--The term `recipient State' means a 
        State that receives in a fiscal year a percentage of total 
        apportionments and allocations to all States from the Highway 
        Account of the Highway Trust fund that is equal to or greater 
        than the percentage attributable to highway users in that State 
        of the total estimated tax payments into the Account by highway 
        users in all States in the most recent fiscal year for which 
        data is available.''.
    (b) Design-Build Contracting Procedures.--Section 112(b)(3) of 
title 23, United States Code, is amended--
            (1) in subparagraph (A)--
                    (A) by inserting after ``subparagraph (C)'' the 
                following: ``, or a multimodal transportation project 
                described in subparagraph (E),''; and
                    (B) by inserting before the period at the end the 
                following: ``, including the acceptance of unsolicited 
                proposals if permitted by applicable State and local 
                law'';
            (2) in subparagraph (D) by inserting after ``contractor,'' 
        the following: ``and that may authorize the contractor to 
        prepare any environmental impact assessments and analyses 
        required for a project,''; and
            (3) by adding at the end the following:
                    ``(E) Multimodal transportation project.--A 
                multimodal project referred to in subparagraph (A) and 
                subsection (g) is a project under this chapter that--
                            ``(i) is located within the boundaries of a 
                        donor State;
                            ``(ii) is within a network of 
                        interconnected corridors;
                            ``(iii) is privately financed, in whole or 
                        in part; and
                            ``(iv) contains multiple transportation 
                        modes, including highway and rail and utility 
                        corridors.''.
    (c) Environmental Procedures.--Section 112(g) of title 23, United 
States Code, is amended--
            (1) by inserting ``and construction work'' after ``design 
        work'';
            (2) by striking ``(g) Selection Process.--'' and inserting 
        the following:
    ``(g) Environmental Procedures.--
            ``(1) Selection process.--''; and
            (3) by adding at the end the following:
            ``(2) Special rule for donor states.--A donor State may 
        authorize a consultant under a contract for a multimodal 
        transportation project described in subsection (b)(3)(E) to 
        prepare an environmental impact assessment or analysis, 
        including an environmental impact statement, relating to a 
        segment of the project of less than independent utility and 
        without logical termini. The contract may provide for the 
        simultaneous--
                    ``(A) design and construction of a segment for 
                which the environmental assessment or analysis has been 
                completed; and
                    ``(B) the environmental assessment or analysis of 
                an adjoining segment of the project.''.
    (d) Waiver of Non-Federal Share.--Section 120 of title 23, United 
States Code, is amended by adding at the end the following:
    ``(m) Increased Federal Share in Certain States.--Notwithstanding 
any other provision of this title, the Federal share payable on account 
of any project or activity being carried out under this title within 
the boundaries of a donor State may amount to 100 percent of the cost 
of such project or activity.''.
    (e) Tolling of Interstate System.--Section 129(a)(1) of title 23, 
United States Code, is amended in each of subparagraphs (A) and (D) by 
inserting after ``System'' the following: ``within the boundaries of a 
recipient State''.
    (f) Use of Toll Revenues.--Section 129(a)(3) of title 23, United 
States Code, is amended by adding at the end the following: ``This 
paragraph does not apply to a donor State.''.
    (g) Applicability of Toll Restrictions.--Section 129 of title 23, 
United States Code, is further amended by adding at the end the 
following:
    ``(d) Repayment of Federal Share.--
            ``(1) In general.--Notwithstanding any other provision of 
        this title, the total amount of funds paid from the Highway 
        Account of the Highway Trust Fund to a State for construction 
        of a highway, bridge, or tunnel within the boundaries of that 
        State may be repaid to the Secretary.
            ``(2) Deposit of credit.--The Secretary shall deposit 
        amounts repaid by a State under this subsection into the 
        Highway Account and credit such amount to the unobligated 
        balance of Federal-aid highway funds available to the State for 
        the same class of funds last apportioned or allocated to the 
        State for construction of the highway, bridge, or tunnel. The 
        amount so credited shall be in addition to all other funds then 
        apportioned or allocated to the State during the fiscal year 
        for which the credit is received and shall be available for 
        expenditure by the State in accordance with the provisions of 
        this title.
            ``(3) Deregulation.--Upon the repayment under this 
        subsection of all Federal-aid highway funds expended by a State 
        for construction of a highway, bridge, or tunnel, the highway, 
        bridge, or tunnel--
                    ``(A) shall be removed by the Secretary from all 
                Federal-aid highway programs;
                    ``(B) shall not be subject to any other provision 
                of this title, including any regulation issued to carry 
                out this title; and
                    ``(C) may be operated and maintained by a public 
                authority having jurisdiction over the highway, bridge, 
                or tunnel under applicable State or local law.''.
    (h) Regulations.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        issue regulations to carry out the amendments made by this 
        section.
            (2) Contents.--The regulations, at a minimum, shall--
                    (A) identify the criteria to be used by the 
                Secretary in approving a contract under which the 
                contractor is responsible for preparing any 
                environmental impact assessments and analyses required 
                for a project, as well as the design and construction 
                of the project;
                    (B) identify the criteria to be used by the 
                Secretary in approving a contract that otherwise 
                includes work preliminary to the final design of a 
                project that will be carried out under such section 
                before compliance with section 102 of the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4332); and
                    (C) establish procedures to be followed by a State 
                transportation department or local transportation 
                agency in the use of design-build contracting 
                procedures allowed under applicable State or local law.
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