[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 890 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 890

To provide for alternative transportation in certain federally owned or 
           managed areas that are open to the general public.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2005

 Mr. Sarbanes (for himself, Mr. Alexander, Mr. Akaka, Mrs. Boxer, Mr. 
  Corzine, Mr. Dodd, Mrs. Feinstein, Mr. Kennedy, Mr. Lautenberg, Mr. 
     Levin, Mr. Salazar, Mr. Schumer, Ms. Stabenow, and Mr. Wyden) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for alternative transportation in certain federally owned or 
           managed areas that are open to the general public.

    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 Act'' or the ``TRIP 
Act''.

SEC. 2. FEDERAL LAND TRANSIT PROGRAM.

    (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5315 the following:
``Sec. 5316. Federal land Transit program
    ``(a) Findings and Purposes.--
            ``(1) Findings.--Congress finds that--
                    ``(A) section 3039 of the Transportation Equity Act 
                for the 21st Century (23 U.S.C. 138 note; Public Law 
                105-178) required a comprehensive study, to be 
                conducted by the Secretary of Transportation, in 
                coordination with the Secretary of the Interior, of 
                alternative transportation needs in national parks and 
                related public lands in order to--
                            ``(i) identify the transportation 
                        strategies that improve the management of 
                        national parks and related public lands;
                            ``(ii) identify national parks and related 
                        public lands that have existing and potential 
                        problems of adverse impact, high congestion, 
                        and pollution, or that can otherwise 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;
                    ``(B) the study found that many federally-managed 
                sites are experiencing very high visitation levels that 
                are continuing to increase and that there are 
                significant transit needs at many of these sites;
                    ``(C) the study concluded that implementing transit 
                on federally-managed land can help--
                            ``(i) relieve traffic congestion and 
                        parking shortages;
                            ``(ii) enhance visitor mobility and 
                        accessibility;
                            ``(iii) preserve sensitive natural, 
                        cultural, and historic resources;
                            ``(iv) provide improved interpretation, 
                        education, and visitor information services;
                            ``(v) reduce pollution; and
                            ``(vi) improve economic development 
                        opportunities for gateway communities;
                    ``(D) the Department of Transportation can assist 
                the Federal land management agencies through financial 
                support and technical assistance and further the 
                achievement of national goals described in subparagraph 
                (C);
                    ``(E) 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 alternative transportation systems within 
                and in the vicinity of eligible areas, is essential 
                to--
                            ``(i) protect and conserve natural, 
                        historical, and cultural resources;
                            ``(ii) prevent or mitigate adverse impacts 
                        on those resources;
                            ``(iii) relieve congestion;
                            ``(iv) minimize transportation fuel 
                        consumption;
                            ``(v) reduce pollution (including noise 
                        pollution and visual pollution); and
                            ``(vi) enhance visitor mobility, 
                        accessibility, and the visitor experience; and
                    ``(F) it is in the interest of the United States to 
                encourage and promote the development of transportation 
                systems for the betterment of eligible areas to meet 
                the goals described in clauses (i) through (vi) of 
                subparagraph (E).
            ``(2) 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 alternative transportation systems and nonmotorized 
                transportation systems needed within and in the 
                vicinity of eligible areas, located in both urban and 
                rural areas, that--
                            ``(i) enhance resource protection;
                            ``(ii) prevent or mitigate adverse impacts 
                        on those resources;
                            ``(iii) improve visitor mobility, 
                        accessibility, and the visitor experience;
                            ``(iv) reduce pollution and congestion;
                            ``(v) conserve energy; and
                            ``(vi) increase coordination with gateway 
                        communities;
                    ``(C) to assist Federal land management agencies 
                and State and local governmental authorities in 
                financing areawide alternative transportation systems 
                and nonmotorized transportation systems to be operated 
                by public or private alternative transportation 
                providers, as determined by local and regional needs, 
                and to encourage public-private partnerships; and
                    ``(D) to assist in research concerning, and 
                development of, improved alternative transportation 
                equipment, facilities, techniques, and methods with the 
                cooperation of public and private companies and other 
                entities engaged in the provision of alternative 
                transportation service.
    ``(b) Definitions.--In this section:
            ``(1) Alternative transportation.--
                    ``(A) In general.--The term `alternative 
                transportation' means transportation by bus, rail, or 
                any other publicly or privately owned conveyance that 
                provides to the public general or special service on a 
                regular basis.
                    ``(B) Inclusions.--The term `alternative 
                transportation' includes sightseeing service.
            ``(2) Eligible area.--
                    ``(A) In general.--The term `eligible area' means 
                any Federally owned or managed park, refuge, or 
                recreational area that is open to the general public.
                    ``(B) Inclusions.--The term `eligible area' 
                includes--
                            ``(i) a unit of the National Park System;
                            ``(ii) a unit of the National Wildlife 
                        Refuge System; and
                            ``(iii) a recreational area managed by the 
                        Bureau of Land Management.
            ``(3) Federal land management agency.--The term `Federal 
        land management agency' means a Federal agency that manages an 
        eligible area.
            ``(4) Qualified participant.--The term `qualified 
        participant' means--
                    ``(A) a Federal land management agency; or
                    ``(B) a State or local governmental authority with 
                jurisdiction over land in the vicinity of an eligible 
                area acting with the consent of the Federal land 
                management agency, alone or in partnership with a 
                Federal land management agency or other Governmental or 
                nongovernmental participant.
            ``(5) Qualified project.--The term `qualified project' 
        means a planning or capital project in or in the vicinity of an 
        eligible area that--
                    ``(A) is an activity described in section 
                5302(a)(1), 5303(g), or 5309(a)(1)(A);
                    ``(B) involves--
                            ``(i) the purchase of rolling stock that 
                        incorporates clean fuel technology or the 
                        replacement of buses of a type in use on the 
                        date of enactment of this section with clean 
                        fuel vehicles; or
                            ``(ii) the deployment of alternative 
                        transportation vehicles that introduce 
                        innovative technologies or methods;
                    ``(C) relates to the capital costs of coordinating 
                the Federal land management agency alternative 
                transportation systems with other alternative 
                transportation systems;
                    ``(D) provides a nonmotorized transportation system 
                (including the provision of facilities for pedestrians, 
                bicycles, and nonmotorized watercraft);
                    ``(E) provides waterborne access within or in the 
                vicinity of an eligible area, as appropriate to and 
                consistent with the purposes described in subsection 
                (a)(2); or
                    ``(F) is any other alternative transportation 
                project that--
                            ``(i) enhances the environment;
                            ``(ii) prevents or mitigates an adverse 
                        impact on a natural resource;
                            ``(iii) improves Federal land management 
                        agency resource management;
                            ``(iv) improves visitor mobility and 
                        accessibility and the visitor experience;
                            ``(v) reduces congestion and pollution 
                        (including noise pollution and visual 
                        pollution); and
                            ``(vi) conserves a natural, historical, or 
                        cultural resource (excluding rehabilitation or 
                        restoration of a nontransportation facility).
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
    ``(c) Federal Agency Cooperative Arrangements.--The Secretary shall 
develop cooperative arrangements with the Secretary of the Interior 
that provide for--
            ``(1) technical assistance in alternative transportation;
            ``(2) interagency and multidisciplinary teams to develop 
        Federal land management agency alternative transportation 
        policy, procedures, and coordination; and
            ``(3) the development of procedures and criteria relating 
        to the planning, selection, and funding of qualified projects 
        and the implementation and oversight of the program of projects 
        in accordance with this section.
    ``(d) Types of Assistance.--
            ``(1) In general.--The Secretary may enter into a contract, 
        grant, cooperative agreement, interagency agreement, intra-
        agency agreement, or other agreement to carry out a qualified 
        project under this section.
            ``(2) Other uses.--A grant, cooperative agreement, 
        interagency agreement, intra-agency agreement, or other 
        agreement for a qualified project under this section shall be 
        available to finance the leasing of equipment and facilities 
        for use in alternative transportation, subject to any 
        regulation that the Secretary may prescribe limiting the grant 
        or agreement to leasing arrangements that are more cost-
        effective than purchase or construction.
    ``(e) Limitation on Use of Available Amounts.--
            ``(1) In general.--The Secretary may allocate not more than 
        5 percent of the amount made available for a fiscal year under 
        section 5338(j) for use by the Secretary in carrying out 
        planning, research, and technical assistance under this 
        section, including the development of technology appropriate 
        for use in a qualified project.
            ``(2) Amounts for planning, research, and technical 
        assistance.--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.
            ``(3) Amounts for qualified projects.--No qualified project 
        shall receive more than 12 percent of the total amount made 
        available under section 5338(j) for any fiscal year.
            ``(4) Operations.--To the extent the Secretary determines 
        appropriate, the Secretary may make grants under this section 
        to finance the operating cost of equipment and facilities for 
        use in a qualified project.
    ``(f) Planning Process.--In undertaking a qualified 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--
                            ``(i) the metropolitan planning provisions 
                        under sections 5303 through 5305;
                            ``(ii) the statewide planning provisions 
                        under section 135 of title 23; and
                            ``(iii) the public participation 
                        requirements under section 5307(c); and
                    ``(B) in the case of a qualified project that is at 
                a unit of the National Park system, the planning 
                process shall be consistent with the general management 
                plans of the unit of the National Park system; and
            ``(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--
                    ``(A) comply with sections 5303 through 5305;
                    ``(B) comply with the statewide planning provisions 
                under section 135 of title 23;
                    ``(C) comply with the public participation 
                requirements under section 5307(c); and
                    ``(D) consult with the appropriate Federal land 
                management agency during the planning process.
    ``(g) Cost Sharing.--
            ``(1) Departmental share.--The Secretary, in cooperation 
        with the Secretary of the Interior, shall establish the share 
        of assistance to be provided under this section to a qualified 
        participant.
            ``(2) Considerations.--In establishing the departmental 
        share of the net project cost of a qualified project, the 
        Secretary shall consider--
                    ``(A) visitation levels and the revenue derived 
                from user fees in the eligible area in which the 
                qualified project is carried out;
                    ``(B) the extent to which the qualified participant 
                coordinates with a public or private alternative 
                transportation authority;
                    ``(C) private investment in the qualified project, 
                including the provision of contract services, joint 
                development activities, and the use of innovative 
                financing mechanisms;
                    ``(D) the clear and direct benefit to the qualified 
                participant; and
                    ``(E) any other matters that the Secretary 
                considers appropriate to carry out this section.
            ``(3) Nondepartmental share.--Notwithstanding any other 
        provision of law, Federal funds appropriated to any Federal 
        land management agency may be counted toward the 
        nondepartmental share of the cost of a qualified project.
    ``(h) Selection of Qualified Projects.--
            ``(1) In general.--The Secretary of the Interior, after 
        consultation with and in cooperation with the Secretary, shall 
        determine the final selection and funding of an annual program 
        of qualified projects in accordance with this section.
            ``(2) Considerations.--In determining whether to include a 
        project in the annual program of qualified projects, the 
        Secretary of the Interior shall consider--
                    ``(A) the justification for the qualified project, 
                including the extent to which the qualified project 
                would conserve resources, prevent or mitigate adverse 
                impact, and enhance the environment;
                    ``(B) the location of the qualified project, to 
                ensure that the selected qualified projects--
                            ``(i) are geographically diverse 
                        nationwide; and
                            ``(ii) include qualified projects in 
                        eligible areas located in both urban areas and 
                        rural areas;
                    ``(C) the size of the qualified project, to ensure 
                that there is a balanced distribution;
                    ``(D) the historical and cultural significance of a 
                qualified project;
                    ``(E) safety;
                    ``(F) the extent to which the qualified project 
                would--
                            ``(i) enhance livable communities;
                            ``(ii) reduce pollution (including noise 
                        pollution, air pollution, and visual 
                        pollution);
                            ``(iii) reduce congestion; and
                            ``(iv) improve the mobility of people in 
                        the most efficient manner; and
                    ``(G) any other matters that the Secretary 
                considers appropriate to carry out this section, 
                including--
                            ``(i) visitation levels;
                            ``(ii) the use of innovative financing or 
                        joint development strategies; and
                            ``(iii) coordination with gateway 
                        communities.
    ``(i) Qualified Projects Carried Out in Advance.--
            ``(1) In general.--When a qualified participant carries out 
        any part of a qualified project without assistance under this 
        section in accordance with all applicable procedures and 
        requirements, the Secretary may pay the departmental share of 
        the net project cost of a qualified project if--
                    ``(A) the qualified participant applies for the 
                payment;
                    ``(B) the Secretary approves the payment; and
                    ``(C) before carrying out that part of the 
                qualified project, the Secretary approves the plans and 
                specifications in the same manner as plans and 
                specifications are approved for other projects assisted 
                under this section.
            ``(2) Interest.--
                    ``(A) In general.--The cost of carrying out part of 
                a qualified project under paragraph (1) includes the 
                amount of interest earned and payable on bonds issued 
                by a State or local governmental authority, to the 
                extent that proceeds of the bond are expended in 
                carrying out that part.
                    ``(B) Limitation.--The rate of interest under this 
                paragraph may not exceed the most favorable rate 
                reasonably available for the qualified project at the 
                time of borrowing.
                    ``(C) Certification.--The qualified participant 
                shall certify, in a manner satisfactory to the 
                Secretary, that the qualified participant has exercised 
                reasonable diligence in seeking the most favorable 
                interest rate.
    ``(j) Full Funding Agreement; Project Management Plan.--If the 
amount of assistance anticipated to be required for a qualified project 
under this section is more than $25,000,000--
            ``(1) the qualified project shall, to the extent that the 
        Secretary considers appropriate, be carried out through a full 
        funding agreement in accordance with section 5309(g); and
            ``(2) the qualified participant shall prepare a project 
        management plan in accordance with section 5327(a).
    ``(k) Relationship to Other Laws.--Qualified participants shall be 
subject to--
            ``(1) the requirements of section 5333;
            ``(2) to the extent that the Secretary determines to be 
        appropriate, requirements consistent with those under 
        subsections (d) and (i) of section 5307; and
            ``(3) any other terms, conditions, requirements, and 
        provisions that the Secretary determines to be appropriate to 
        carry out this section, including requirements for the 
        distribution of proceeds on disposition of real property and 
        equipment resulting from a qualified project assisted under 
        this section.
    ``(l) Innovative Financing.--A qualified 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 project under this chapter.
    ``(m) Asset Management.--The Secretary may transfer the interest of 
the Department of Transportation in, and control over, all facilities 
and equipment acquired under this section to a qualified participant 
for use and disposition in accordance with any property management 
regulations that the Secretary determines to be appropriate.
    ``(n) Coordination of Research and Deployment of New 
Technologies.--
            ``(1) In general.--The Secretary, in cooperation with the 
        Secretary of the Interior, 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 in eligible areas that will--
                    ``(A) conserve resources;
                    ``(B) prevent or mitigate adverse environmental 
                impact;
                    ``(C) improve visitor mobility, accessibility, and 
                enjoyment; and
                    ``(D) reduce pollution (including noise pollution 
                and visual pollution).
            ``(2) Access to information.--The Secretary may request and 
        receive appropriate information from any source.
            ``(3) Funding.--Grants and contracts under paragraph (1) 
        shall be awarded from amounts allocated under subsection 
        (e)(1).
    ``(o) Report.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of the Interior, shall annually submit 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 a report on the allocation of 
        amounts to be made available to assist qualified projects under 
        this section.
            ``(2) Annual and supplemental reports.--A report required 
        under paragraph (1) shall be included in the report submitted 
        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 5316.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out section 5316 $90,000,000 for each of fiscal years 
        2005 through 2010.
            ``(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 Amendments.--
            (1) Table of sections.--The table of sections for chapter 
        53 of title 49, United States Code, is amended by inserting 
        after the item relating to section 5315 the following:

``5316. Federal land transit program.''.
            (2) Project management oversight.--Section 5327(c) of title 
        49, United States Code, is amended in the first sentence--
                    (A) by striking ``or 5311'' and inserting ``5311, 
                or 5316''; and
                    (B) by striking ``5311, or'' and inserting ``5311, 
                5316, or''.
    (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)) 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>