NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995
Public Law 104–59, as amended
NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995
59
116–94
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
GPO Statute Compilations USLM converter, version 20210527.1
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National Highway System Designation Act of 1995
Woodrow Wilson Memorial Bridge Authority Act of 1995
1425
104
1995-11-28
NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995
[Public Law 104–59; Approved November 28, 1995]
[As Amended Through P.L. 116–94, Enacted December 20, 2019]
[Currency: This publication is a compilation of Public Law 104–59. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

AN ACT
To amend title 23, United States Code, to provide for the designation of the National Highway System, 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; TABLE OF CONTENTS.
(a)

Short Title.—
This Act may be cited as the “National Highway System Designation Act of 1995”.
(b)

Table of Contents.—
Sec. 1.
Short title; table of contents.
Sec. 2.
Secretary defined.
* * * * * * *
TITLE II—
TRANSPORTATION FUNDING FLEXIBILITY
Sec. 201.
Findings and purposes.
Sec. 202.
Funding restoration.
Sec. 203.
Rescissions.
Sec. 204.
State unobligated balance flexibility.
Sec. 205.
Relief from mandates.
Sec. 206.
Definitions.
TITLE III—
MISCELLANEOUS HIGHWAY PROVISIONS
* * * * * * *
Sec. 310.
Federal share.
Sec. 313.
Toll roads.
Sec. 314.
Scenic byways.
* * * * * * *
Sec. 332.
High priority corridors.
* * * * * * *
Sec. 338.
Intelligent transportation systems.
Sec. 339.
Eligibility.
Sec. 340.
Miscellaneous corrections to Surface Transportation and Uniform Relocation Assistance Act of 1987.
* * * * * * *
[ Sec. 345. Repealed. ]
[ Sec. 346. Repealed. ]
Sec. 347.
Safety report.
Sec. 348.
Moratorium on certain emissions testing requirements.
Sec. 349.
Roads on Federal lands.
Sec. 350.
State infrastructure bank pilot program.
Sec. 351.
Railroad-highway grade crossing safety.
Sec. 352.
Collection of bridge tolls.
Sec. 353.
Traffic control.
Sec. 354.
Public use of rest areas.
Sec. 355.
Safety belt use law requirements for New Hampshire and Maine.
Sec. 356.
Orange County, California, toll roads.
Sec. 357.
Compilation of title 23, United States Code.
Sec. 358.
Safety research initiatives.
Sec. 359.
Miscellaneous studies.
TITLE IV—
WOODROW WILSON MEMORIAL BRIDGE
Sec. 401.
Short title.
Sec. 402.
Findings.
Sec. 403.
Purposes.
Sec. 404.
Definitions.
Sec. 405.
Establishment of authority.
Sec. 406.
Government of authority.
Sec. 407.
Ownership of bridge.
Sec. 408.
Project planning.
Sec. 409.
Additional powers and responsibilities of authority.
Sec. 411.
Availability of prior authorizations.
SEC. 2.

SECRETARY DEFINED.
In this Act, the term “Secretary” means the Secretary of Transportation.

TITLE I—

NATIONAL HIGHWAY SYSTEM
* * * * * * *
TITLE II—

TRANSPORTATION FUNDING FLEXIBILITY
SEC. 201.

FINDINGS AND PURPOSES.
(a)

Findings.—
Congress finds and declares that—
(1)
Federal infrastructure spending on transportation is critical to the efficient movement of goods and people in the United States;
(2)
section 1003(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1921) has been estimated to result in fiscal year 1996 transportation spending being reduced by as much as $2,700,000,000;
(3)
such section 1003(c) will result in a reduction of critical funds to States from the Highway Trust Fund; and
(4)
the funding reduction will have adverse effects on the national economy and the predictability of funding for the Nation's highway system and impede interstate commerce.
(b)

Purposes.—
The purposes of this title are—
(1)
to make the program categories in the Federal-aid highway program more flexible so that States may fund high-priority projects in fiscal year 1996;
(2)
to reallocate funds from certain programs during fiscal year 1996 so that the States will be able to continue their core transportation infrastructure programs;
(3)
to ensure the equitable distribution of funds to urbanized areas with a population over 200,000 in a manner consistent with the Intermodal Surface Transportation Efficiency Act of 1991; and
(4)
to suspend certain penalties that would be imposed on the States.
SEC. 202.

FUNDING RESTORATION.
(a)

In General.—
Not later than the 10th day following the date of the enactment of this Act and on October 1, 1997, or as soon as possible thereafter, the Secretary shall allocate among the States the amounts made available, as a result of section 203, to carry out this section for fiscal years 1996 and 1997, respectively, for projects eligible for assistance under chapter 1 of title 23, United States Code.
(b)

Allocation Formula.—
Funds made available to carry out this section shall be allocated among the States in accordance with the following table:
States: | Allocation Percentages
Alabama | 1.80
Alaska | 1.20
Arizona | 1.43
Arkansas | 1.42
California | 9.17
Colorado | 1.27
Connecticut | 1.74
Delaware | 0.39
District of Columbia | 0.52
Florida | 4.04
Georgia | 2.92
Hawaii | 0.54
Idaho | 0.70
Illinois | 3.88
Indiana | 2.18
Iowa | 1.27
Kansas | 1.13
Kentucky | 1.53
Louisiana | 1.52
Maine | 0.65
Maryland | 1.68
Massachusetts | 4.11
Michigan | 2.75
Minnesota | 1.69
Mississippi | 1.11
Missouri | 2.28
Montana | 0.93
Nebraska | 0.79
Nevada | 0.69
New Hampshire | 0.48
New Jersey | 2.86
New Mexico | 1.02
New York | 5.35
North Carolina | 2.62
North Dakota | 0.64
Ohio | 3.64
Oklahoma | 1.36
Oregon | 1.23
Pennsylvania | 4.93
Rhode Island | 0.56
South Carolina | 1.42
South Dakota | 0.69
Tennessee | 2.00
Texas | 6.21
Utah | 0.73
Vermont | 0.43
Virginia | 2.28
Washington | 2.05
West Virginia | 1.15
Wisconsin | 1.90
Wyoming | 0.65
Puerto Rico | 0.46
Territories | 0.01.
(c)

Effect of Allocations.—
Funds distributed to States under subsection (b) shall not affect calculations to determine allocations to States under section 157 of title 23, United States Code, and sections 1013(c), 1015(a), and 1015(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 104 note).
(d)

Applicability of Chapter 1 of Title 23.—
Notwithstanding any other provision of law, funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code. Such funds shall be available for obligation for the fiscal year for which such amounts are made available plus the 3 succeeding fiscal years. Obligation limitations for Federal-aid highways and highway safety construction programs established by the Intermodal Surface Transportation Efficiency Act of 1991 and subsequent laws shall apply to obligations made under this section.
(e)

Special Rule for Urbanized Areas of Over 200,000.—
(1)

General rule.—
The amount determined by application of the percentage determined under paragraph (2) to funds allocated to a State under this section for a fiscal year shall be obligated in urbanized areas of the State with an urbanized population of over 200,000 under section 133(d)(3) of title 23, United States Code.
(2)

Percentage.—
The percentage referred to in paragraph (1) is the percentage determined by dividing—
(A)
the total amount of the reduction in funds that would have been attributed under section 133(d)(3) of title 23, United States Code, to urbanized areas of the State with an urbanized population of over 200,000 for fiscal year 1996 as a result of the application of section 1003(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1921); by
(B)
the total amount of the reduction in authorized funds for fiscal year 1996 that would have been allocated to the State, and that would have been apportioned to the State, as a result of the application of such section 1003(c).
(f)

Limitation on Planning Expenditures.—
One-half of 1 percent of amounts allocated to each State under this section in any fiscal year may be available for expenditure for the purpose of carrying out the requirements of section 134 of title 23, United States Code (relating to transportation planning). One and one-half percent of the amounts allocated to each State under this section in any fiscal year may be available for expenditure for the purpose of carrying out activities referred to in section 307(c) of such title.
(g)

Authorization of Appropriations.—
There are authorized to be appropriated, out of the Highway Trust Fund (other than the Mass Transit Account), to carry out this section $266,522,436 for fiscal year 1996 and $155,000,000 for fiscal year 1997. Such funds shall not be subject to an administrative deduction under section 104(a) of title 23, United States Code.
(h)

Territories Defined.—
In this section, the term “territories” means the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
SEC. 203.

RESCISSIONS.
(a)

Rescissions.—
Effective on the date of the enactment of this Act and after any necessary reductions are made under section 1003(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1921), the following unobligated balances available on such date of enactment, of funds made available for the following provisions are hereby rescinded:
(1)
$78,994 made available by section 131(c) of the Surface Transportation Assistance Act of 1982 (96 Stat. 2120).
(2)
$798,701 made available by section 131(j) of the Surface Transportation Assistance Act of 1982 (96 Stat. 2123).
(3)
$942,249 made available by section 149(a)(66) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 185).
(4)
$52,834 made available by section 149(a)(95) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 195).
(5)
$909,131 made available by section 149(a)(99) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 195).
(6)
$797,800 made available by section 149(a)(100) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 195).
(7)
$2 made available by section 149(c)(3) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 201).
(8)
$24,706,878 made available by section 1012(b)(6) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1938).
(9)
$15,401,107 made available by section 1003(a)(7) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1919).
(10)
$113,834,740, or such greater amount as may be necessary to ensure that the aggregate of amounts rescinded by this subsection and amounts reduced by the amendments made by subsection (b) is equal to the amount authorized to be appropriated by section 202(g) for fiscal year 1996, deducted by the Secretary under section 104(a) of title 23, United States Code.
(b)

Reductions in Authorized Amounts.—
(1)

Magnetic levitation.—
Section 1036(d)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1986) is amended—
(A)
in subparagraph (A) by inserting “and” after “1994,”;
(B)
in subparagraph (A) by striking “, $125,000,000” and all that follows through “1997”; and
(C)
in subparagraph (B) by striking “1996, and 1997” and inserting “and 1996”.
(2)

Highway safety programs.—
Section 2005(1) of such Act (105 Stat. 2079) is amended—
(A)
by striking “and” the first place it appears and inserting a comma; and
(B)
by striking “1996, and 1997” and inserting “and 1996, and $146,000,000 for fiscal year 1997”.
(3)

Effective date.—
The amendments made by paragraphs (1) and (2) shall take effect on the later of the date of the enactment of this Act or as soon as possible after the date on which authorized funds for fiscal year 1996 are reduced as a result of application of section 1003(c) of such Act.
(c)

Congestion Pricing Pilot Program Transfers.—
After the date on which authorized funds for fiscal year 1996 are reduced as a result of application of section 1003(c) of the Intermodal Surface Transportation Efficiency Act of 1991, the amounts made available for fiscal years 1996 and 1997 to carry out section 1012(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1938) shall be available to carry out projects under section 202 of this Act.
SEC. 204.

STATE UNOBLIGATED BALANCE FLEXIBILITY.
(a)

Reduction in Federal Funding.—
(1)

Notification of states.—
On the date of the enactment of this Act, or as soon as possible thereafter, the Secretary shall notify each State of the total amount of the reduction in authorized funds for fiscal year 1996 that would have been allocated to such State, and that would have been apportioned to such State, as a result of application of section 1003(c) of the Intermodal Surface Transportation Efficiency Act of 1991.
(2)

Exclusion of certain funding.—
In determining the amount of any reduction under paragraph (1), the Secretary shall deduct the amount allocated to each State in fiscal year 1996 to carry out projects under section 202 of this Act.
(b)

Unobligated Balance Flexibility.—
Upon request of a State, the Secretary shall make available to carry out projects eligible for assistance under chapter 1 of title 23, United States Code, in fiscal year 1996 an amount not to exceed the amount determined under subsection (a) for the State. Such funds shall be made available from authorized funds that were allocated or apportioned to such State and were not obligated as of September 30, 1995. The State shall designate on or before the 30th day following the date of the enactment of this Act, or as soon as possible thereafter, which of such authorized funds are to be made available under this section to carry out such projects. The Secretary shall make available, before the 45th day following such date of enactment or as soon as possible thereafter, funds designated under the preceding sentence to the State.
(c)

Special Rules.—
(1)

Urbanized areas of over 200,000.—
Funds that were apportioned to the State under section 104(b)(3) of title 23, United States Code, and attributed to urbanized areas of a State with an urbanized population of over 200,000 under section 133(d)(3) of such title may be designated by the State under subsection (b) only if the metropolitan planning organization designated for such area concurs, in writing, with such designation.
(2)

Congestion mitigation and air quality and surface transportation program transportation enhancement activities balances.—
(A)

In general.—
Except as provided in subparagraph (B), States may not designate under subsection (b) CMAQ and STP transportation enhancement funds.
(B)

Exception for insufficient funding availability.—
If the Secretary determines—
(i)
that there is not sufficient funding available to pay the Federal share of the cost of a project in fiscal year 1996 from funds apportioned or allocated to a State under title 23, United States Code, and title I of the Intermodal Surface Transportation Efficiency Act of 1991 and available for carrying out projects of the same category as such project, and
(ii)
that the State has utilized all flexibility and transferability available to it under title 23, United States Code, and this section with respect to such project,
the State may designate in fiscal year 1996 under subsection (b) CMAQ and STP transportation enhancement funds apportioned or allocated to the State and not obligated as of the date of the enactment of this Act to carry out such project.
(C)

CMAQ and stp transportation enhancement funds defined.—
In this paragraph, the term “CMAQ and STP transportation enhancement funds” means—
(i)
funds apportioned under section 104(b)(2) of title 23, United States Code; and
(ii)
funds apportioned under section 104(b)(3) of such title and available only for transportation enhancement activities under section 133(d)(3) of such title.
(3)

Interstate construction balances.—
A State may not designate under subsection (b) more than ⅓ of funds apportioned or allocated to the State for interstate construction and not obligated as of the date of the enactment of this Act.
(d)

Applicability of Chapter 1 of Title 23.—
Notwithstanding any other provision of law, amounts designated under subsection (b) shall be made available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code. Such amounts shall be available for obligation for the same period for which such amounts were originally made available for obligation. Obligation limitations for Federal-aid highways and highway safety construction programs established by the Intermodal Surface Transportation Efficiency Act of 1991 and subsequent laws shall apply to obligations made under this section.
(e)

Limitation on Statutory Construction.—
Nothing in this section shall be construed to affect calculations under section 157 of title 23, United States Code, and sections 1002(e), 1013(c), 1015(a), and 1015(b) of the Intermodal Surface Transportation Efficiency Act of 1991.
(f)

State.—
In this section and section 202, the term “State” has the meaning such term has under section 401 of title 23, United States Code.
SEC. 205.

RELIEF FROM MANDATES.
* * * * * * *
(c)

Metric Requirements.—
(1)

Placement and modification of signs.—
The Secretary shall not require the States to expend any Federal or State funds to construct, erect, or otherwise place or to modify any sign relating to a speed limit, distance, or other measurement on a highway for the purpose of having such sign establish such speed limit, distance, or other measurement using the metric system.
(2)

Other actions.—
The Secretary shall not require that any State use or plan to use the metric system with respect to designing or advertising, or preparing plans, specifications, estimates, or other documents, for a Federal-aid highway project eligible for assistance under title 23, United States Code.
(3)

Definitions.—
In this subsection, the following definitions apply:
(A)

Highway.—
The term “highway” has the meaning such term has under section 101 of title 23, United States Code.
(B)

Metric system.—
The term “metric system” has the meaning the term “metric system of measurement” has under section 4 of the Metric Conversion Act of 1975 (15 U.S.C. 205c).
* * * * * * *
SEC. 206.

DEFINITIONS.
In this title, the following definitions apply:
(1)

Authorized funds.—
The term “authorized funds” means funds authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out title 23, United States Code (other than sections 402 and 410) and the Intermodal Surface Transportation Efficiency Act of 1991 and subject to an obligation limitation.
(2)

Urbanized area.—
The term “urbanized area” has the meaning such term has under section 101(a) of title 23, United States Code.
TITLE III—

MISCELLANEOUS HIGHWAY PROVISIONS
* * * * * * *
SEC. 310.

FEDERAL SHARE.
* * * * * * *
(d)

Northwest Arkansas Regional Airport Connector.—
Notwithstanding any other provision of law, the Federal share of the cost of the project to construct a highway to the Northwest Arkansas Regional Airport from United States Route 71 in Arkansas shall be 95 percent.
* * * * * * *
SEC. 313.

TOLL ROADS.
* * * * * * *
(d)

Treatment of Centennial Bridge, Rock Island, Illinois, Agreement.—
For purposes of section 129(a)(6) of title 23, United States Code, the agreement concerning the Centennial Bridge, Rock Island, Illinois, entered into under the Act entitled “An Act authorizing the city of Rock Island, Illinois, or its assigns, to construct, maintain, and operate a toll bridge across the Mississippi River at or near Rock Island, Illinois, and to a place at or near the city of Davenport, Iowa”, approved March 18, 1938 (52 Stat. 110), shall be treated as if the agreement had been entered into under section 129 of title 23, United States Code, as in effect on December 17, 1991, and may be modified in accordance with section 129(a)(6) of such title.
(e)

Collection of Tolls To Finance Certain Environmental Projects in Florida.—
Notwithstanding section 129(a) of title 23, United States Code, on request of the Governor of the State of Florida, the Secretary shall modify the agreement entered into with the transportation department of the State under section 129(a)(3) of such title to permit the collection of tolls to liquidate such indebtedness as may be incurred to finance any cost associated with a feature of an environmental project that is carried out under State law and approved by the Secretary of the Interior.
* * * * * * *
SEC. 332.

HIGH PRIORITY CORRIDORS.
* * * * * * *
(b)

Feasibility Studies.—
* * * * * * *
(2)

East-west transamerica corridor.—
With amounts available to the Secretary under section 1105(h) of the Intermodal Surface Transportation Efficiency Act of 1991, the Secretary in cooperation with the States of Virginia and West Virginia shall conduct a study to determine the feasibility of establishing a route for the East-West Transamerica Corridor (designated pursuant to section 1105(c)(3) of such Act) from Beckley, West Virginia, utilizing a corridor entering Virginia near the city of Covington then moving south from the Allegheny Highlands to serve Roanoke and continuing east to Lynchburg. From there such route would continue across Virginia to the Hampton Roads area.
* * * * * * *
SEC. 339.

ELIGIBILITY.
(a)

Pennsylvania Turnpike and I–95.—
(1)

Reconstruction and widening.—
The project authorized by section 162 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2136) shall include reconstruction and widening to 6 lanes of existing Interstate Route 95 and of the Pennsylvania Turnpike from United States Route 1 to the junction with the New Jersey Turnpike, including the structure over the Delaware River.
(2)

Federal share.—
Notwithstanding any other provision of law, the Federal share payable on account of the project referred to in paragraph (1), including the additional through roadway and bridge travel lanes, shall be 90 percent of the cost of the project.
(3)

Tolls.—
Notwithstanding section 301 of title 23, United States Code, the project for construction of an interchange between the Pennsylvania Turnpike and Interstate Route 95, including the widening of the Pennsylvania Turnpike, shall be treated as a reconstruction project described in section 129(a)(1)(B) of such title and tolls may be continued on all traffic on the Pennsylvania Turnpike between United States Route 1 and the New Jersey Turnpike.
(b)

Type II Noise Barriers.—
(1)

General rule.—
No funds made available out of the Highway Trust Fund may be used to construct Type II noise barriers (as defined by section 772.5(i) of title 23, Code of Federal Regulations) pursuant to subsections (h) and (i) of section 109 of title 23, United States Code, if such barriers were not part of a project approved by the Secretary before the date of the enactment of this Act.
(2)

Exceptions.—
Paragraph (1) shall not apply to construction of Type II noise barriers along lands that were developed or were under substantial construction before approval of the acquisition of the rights-of-ways for, or construction of, the existing highway.
(c)

Route Segments in Wyoming.—
(1)

In general.—
The Secretary shall cooperate with the State of Wyoming in monitoring the changes in growth along, and traffic patterns of, the route segments in Wyoming described in paragraph (2), for the purpose of future consideration of the addition of the route segments to the National Highway System in accordance with section 103(b)(6) of title 23, United States Code.
(2)

Route segments.—
The route segments referred to in paragraph (1) are—
(A)
United States Route 191 from Rock Springs to Hoback Junction;
(B)
United States Route 16 from Worland to Interstate Route 90; and
(C)
Wyoming Route 59 from Douglas to Gillette.
(d)

Orange Street Bridge, Missoula, Montana.—
Notwithstanding section 149 of title 23, United States Code, or any other provision of law, a project to construct new capacity for the Orange Street Bridge in Missoula, Montana, shall be eligible for funding under the congestion mitigation and air quality improvement program established under such section.
(e)

National Railroad Passenger Corporation Line.—
The improvements to, or adjacent to, the main line of the National Railroad Passenger Corporation between milepost 190.23 at Central Falls, Rhode Island, and milepost 168.53 at Davisville, Rhode Island, that are necessary to support the rail movement of freight shall be eligible for funds apportioned under sections 103(e)(4), 104(b)(2), and 104(b)(3) of title 23, United States Code.
(f)

Pocono Northeast Railway Company Line.—
The improvements to the former Pocono Northeast Railway Company freight rail line by the Luzerne County Redevelopment Authority that are necessary to support the rail movement of freight shall be eligible for funds apportioned under sections 104(b)(2) and 104(b)(3) of title 23, United States Code.
(g)

Brightman Street Bridge, Fall River Harbor, Massachusetts.—
Notwithstanding any other provision of law, the Brightman Street Bridge in Fall River Harbor, Massachusetts, may be reconstructed to result in a clear channel width of less than 300 feet.
(h)

Atlantic Intracoastal Waterway Bridge Replacement at Great Bridge, Chesapeake, Virginia.—
The project for navigation at Great Bridge, Virginia, Highway 168, over the Atlantic Intracoastal Waterway in Chesapeake, Virginia: Report of the Chief of Engineers, dated July 1, 1994, at a total cost of $23,680,000, with an estimated Federal cost of $20,341,000 and an estimated non-Federal cost of $3,339,000. The city of Chesapeake shall assume full ownership of the replacement bridge to be constructed under the project, including all associated operation, maintenance, repair, replacement, and rehabilitation costs.
(i)

Federal Lands Highways Program.—
Notwithstanding section 101(a) of title 23, United States Code, and the requirements of sections 202 and 204 of such title, the highway projects described in section 149(a)(62) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 191), section 1 of Public Law 100–211 (101 Stat. 1442), and Public Law 99–647 (100 Stat. 3625) and projects on State Highway 488 within the Great Basin National Park, Nevada, and United States Route 93 from Somers to Whitefish, Montana, shall be eligible for assistance under sections 202 and 204 of such title. Any funds allocated for fiscal year 1996 and thereafter for such projects as a result of enactment of this subsection shall not affect the apportionment adjustments made under section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991.
(j)

Alameda Transportation Corridor, California.—
Funds apportioned to the State of California under section 104(b)(1) of title 23, United States Code, for the National Highway System may be obligated for construction of, and operational improvements for, grade separation projects for the Alameda Transportation Corridor along Alameda Street from the entrance to the ports of Los Angeles and Long Beach to Interstate Route 10, Los Angeles, California. The Federal share of the costs of such projects shall be determined in accordance with section 120(b) of such title.
SEC. 340.

MISCELLANEOUS CORRECTIONS TO SURFACE TRANSPORTATION AND UNIFORM RELOCATION ASSISTANCE ACT OF 1987.
* * * * * * *
(f)

North Dakota.—
Of funds remaining available for obligation under sections 149(a)(111)(C), 149(a)(111)(E), 149(a)(111)(J), 149(a)(111)(K), 149(a)(111)(L), 149(a)(111)(M), and 149(a)(112) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, $217,440 shall be made available for the repair of County Road 8 west of Lawton, Ramsey County, North Dakota. The remainder of such funds shall be made available to the North Dakota department of transportation for flood prevention and repair activities on North Dakota county roads on a Federal-aid system that are threatened by flooding (as determined by the North Dakota department of transportation).
* * * * * * *
[Section 345 was repealed by Public Law 109–59, section 4115(d), 109 Stat. 1726.]
[Section 346 was repealed by Public Law 109–59, section 5101(e)(11).]
SEC. 347.

SAFETY REPORT.
Not later than September 30, 1997, the Secretary, in cooperation with any State which raises any speed limit in such State to a level above the level permitted under section 154 of title 23, United States Code, as such section was in effect on September 15, 1995, shall prepare and submit to Congress a study of—
(1)
the costs to such State of deaths and injuries resulting from motor vehicle crashes; and
(2)
the benefits associated with the repeal of the national maximum speed limit.
SEC. 348.

MORATORIUM ON CERTAIN EMISSIONS TESTING REQUIREMENTS.
(a)

In General.—
The Administrator of the Environmental Protection Agency (hereinafter in this section referred to as the “Administrator”) shall not require adoption or implementation by a State of a test-only I/M240 enhanced vehicle inspection and maintenance program as a means of compliance with section 182 or 187 of the Clean Air Act (42 U.S.C. 7511a; 7512a), but the Administrator may approve such a program if a State chooses to adopt the program as a means of compliance with such section.
(b)

Limitation on Plan Disapproval.—
The Administrator shall not disapprove or apply an automatic discount to a State implementation plan revision under section 182 or 187 of the Clean Air Act (42 U.S.C. 7511a; 7512a) on the basis of a policy, regulation, or guidance providing for a discount of emissions credits because the inspection and maintenance program in such plan revision is decentralized or a test-and-repair program.
(c)

Emissions Reduction Credits.—
(1)

State plan revision; approval.—
Within 120 days of the date of the enactment of this subsection, a State may submit an implementation plan revision proposing an interim inspection and maintenance program under section 182 or 187 of the Clean Air Act (42 U.S.C. 7511a; 7512a). The Administrator shall approve the program based on the full amount of credits proposed by the State for each element of the program if the proposed credits reflect good faith estimates by the State and the revision is otherwise in compliance with such Act. If, within such 120-day period, the State submits to the Administrator proposed revisions to the implementation plan, has all of the statutory authority necessary to implement the revisions, and has proposed a regulation to make the revisions, the Administrator may approve the revisions without regard to whether or not such regulation has been issued as a final regulation by the State.
(2)

Expiration of interim approval.—
The interim approval shall expire on the earlier of
(A)
the last day of the 18-month period beginning on the date of the interim approval, or
(B)
the date of final approval. The interim approval may not be extended.
(3)

Final approval.—
The Administrator shall grant final approval of the revision based on the credits proposed by the State during or after the period of interim approval if data collected on the operation of the State program demonstrates that the credits are appropriate and the revision is otherwise in compliance with the Clean Air Act.
(4)

Basis of approval; no automatic discount.—
Any determination with respect to interim or full approval shall be based on the elements of the program and shall not apply any automatic discount because the program is decentralized or a test-and-repair program.
SEC. 349.

ROADS ON FEDERAL LANDS.
(a)

Moratorium.—
(1)

In general.—
Notwithstanding any other provision of law, no agency of the Federal Government may take any action to prepare, promulgate, or implement any rule or regulation addressing rights-of-way authorized pursuant to section 2477 of the Revised Statutes (43 U.S.C. 932), as such section was in effect before October 21, 1976.
(2)

Sunset.—
This subsection shall not be effective after September 30, 1996.
(b)

Requirement of Transfer of County Road Corridors.—
(1)

Definitions.—
In this subsection, the following definitions apply:
(A)

County road corridor.—
The term “county road corridor” means a corridor that is comprised of—
(i)
a Shenandoah county road; and
(ii)
land contiguous to the road that is selected by the Secretary of the Interior, in consultation with the Governor of the State of Virginia, such that the width of the corridor is 50 feet.
(B)

Shenandoah county road.—
The term “Shenandoah county road” means the portion of any of the following roads that is located in the Shenandoah National Park and that has been in general use as a public roadway prior to the date of the enactment of this Act:
(i)
Madison County Route 600.
(ii)
Rockingham County Route 624.
(iii)
Rockingham County Route 625.
(iv)
Rockingham County Route 626.
(v)
Warren County Route 604.
(vi)
Page County Route 759.
(vii)
Page County Route 611.
(viii)
Page County Route 682.
(ix)
Page County Route 662.
(x)
Augusta County Route 611.
(xi)
Augusta County Route 619.
(xii)
Albemarle County Route 614.
(xiii)
Augusta County Route 661.
(xiv)
Rockingham County Route 663.
(xv)
Rockingham County Route 659.
(xvi)
Page County Route 669.
(xvii)
Rockingham County Route 661.
(xviii)
Criser Road (to the town of Front Royal).
(xix)
The Government-owned parcel connecting Criser Road to the Warren County School Board parcel.
(2)

Purpose.—
The purpose of this subsection is to permit the State of Virginia to maintain and provide for safe public use of certain roads that the State donated to the United States at the time of the establishment of Shenandoah National Park.
(3)

Transfer.—
Not later than 180 days after the date of the enactment of this Act, the Secretary of the Interior shall transfer to the State of Virginia, without consideration or reimbursement, all right, title, and interest of the United States in and to each county road corridor.
(4)

Reversion.—
A transfer under paragraph (3) shall be subject to the condition that if at any time a county road corridor is withdrawn from general use as a public roadway, all right, title, and interest in the county road corridor shall revert to the United States.
SEC. 350.

STATE INFRASTRUCTURE BANK PILOT PROGRAM.
(a)

In General.—
(1)

Cooperative agreements.—
Subject to the provisions of this section, the Secretary may enter into cooperative agreements with not to exceed 10 States for the establishment of State infrastructure banks and multistate infrastructure banks for making loans and providing other assistance to public and private entities carrying out or proposing to carry out projects eligible for assistance under this section.
(2)

Interstate compacts.—
Congress grants consent to 2 or more of the States, entering into a cooperative agreement under paragraph (1) with the Secretary for the establishment of a multistate infrastructure bank, to enter into an interstate compact establishing such bank in accordance with this section.
(b)

Funding.—
(1)

Separate accounts.—
An infrastructure bank established under this section shall maintain a separate highway account for Federal funds contributed to the bank under paragraph (2) and a separate transit account for Federal funds contributed to the bank under paragraph (3). No Federal funds contributed or credited to an account of an infrastructure bank established under this section may be commingled with Federal funds contributed or credited to any other account of such bank.
(2)

Highway account.—
Notwithstanding any other provision of law, the Secretary may allow, subject to subsection (g)(1), a State entering into a cooperative agreement under this section to contribute not to exceed—
(A)
10 percent of the funds apportioned to the State for each of fiscal years 1996 and 1997 under each of sections 104(b)(1), 104(b)(3), 104(b)(5)(B), 144, and 160 of title 23, United States Code, and section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991; and
(B)
10 percent of the funds allocated to the State for each of such fiscal years under each of section 157 of such title and section 1013(c) of such Act;
into the highway account of the infrastructure bank established by the State. Federal funds contributed to such account under this paragraph shall constitute for purposes of this section a capitalization grant for the highway account of the infrastructure bank.
(3)

Transit account.—
Notwithstanding any other provision of law, the Secretary may allow, subject to subsection (g)(1), a State entering into a cooperative agreement under this section, and any other Federal transit grant recipient, to contribute not to exceed 10 percent of the funds made available to the State or other Federal transit grant recipient in each of fiscal years 1996 and 1997 for capital projects under sections 5307, 5309, and 5311 of title 49, United States Code, into the transit account of the infrastructure bank established by the State. Federal funds contributed to such account under this paragraph shall constitute for purposes of this section a capitalization grant for the transit account of the infrastructure bank.
(4)

Special rule for urbanized areas of over 200,000.—
Funds that are apportioned or allocated to a State under section 104(b)(3) or 160 of title 23, United States Code, or under section 1013(c) or 1015 of the Intermodal Surface Transportation Efficiency Act of 1991 and attributed to urbanized areas of a State with an urbanized population of over 200,000 under section 133(d)(3) of such title may be used to provide assistance with respect to a project only if the metropolitan planning organization designated for such area concurs, in writing, with the provision of such assistance.
(c)

Forms of Assistance From Infrastructure Banks.—
An infrastructure bank established under this section may make loans or provide other assistance to a public or private entity in an amount equal to all or part of the cost of carrying out a project eligible for assistance under this section. The amount of any loan or other assistance provided for such project may be subordinated to any other debt financing for the project. Initial assistance provided with respect to a project from Federal funds contributed to an infrastructure bank under this section may not be made in the form of a grant.
(d)

Qualifying Projects.—
Federal funds in the highway account of an infrastructure bank established under this section may be used only to provide assistance with respect to construction of Federal-aid highways. Federal funds in the transit account of such bank may be used only to provide assistance with respect to capital projects.
(e)

Infrastructure Bank Requirements.—
In order to establish an infrastructure bank under this section, each State establishing the bank shall—
(1)
contribute, at a minimum, in each account of the bank from non-Federal sources an amount equal to 25 percent of the amount of each capitalization grant made to the State and contributed to the bank; except that if the contribution is into the highway account of the bank and the State has a lower non-Federal share under section 120(b) of title 23, United States Code, such percentage shall be adjusted by the Secretary to correspond with such lower non-Federal share;
(2)
ensure that the bank maintains on a continuing basis an investment grade rating on its debt issuances or has a sufficient level of bond or debt financing instrument insurance to maintain the viability of the bank;
(3)
ensure that investment income generated by funds contributed to an account of the bank will be—
(A)
credited to the account;
(B)
available for use in providing loans and other assistance to projects eligible for assistance from the account; and
(C)
invested in United States Treasury securities, bank deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the leveraging of projects assisted by the bank;
(4)
provide that the repayment of a loan or other assistance from an account of the bank under this section shall be consistent with the repayment provisions of section 129(a)(7) of title 23, United States Code, except to the extent the Secretary determines that such provisions are not consistent with this section;
(5)
ensure that any loan from the bank will bear interest at or below market interest rates, as determined by the State, to make the project that is the subject of the loan feasible;
(6)
ensure that repayment of any loan from the bank will commence not later than 5 years after the project has been completed or, in the case of a highway project, the facility has opened to traffic, whichever is later;
(7)
ensure that the term for repaying any loan will not exceed 30 years after the date of the first payment on the loan under paragraph (6); and
(8)
require the bank to make an annual report to the Secretary on its status no later than September 30, 1996, and September 30, 1997, and to make such other reports as the Secretary may require by guidelines.
(f)

Limitation on Repayments.—
Notwithstanding any other provision of law, the repayment of a loan or other assistance provided from an infrastructure bank under this section may not be credited towards the non-Federal share of the cost of any project.
(g)

Secretarial Requirements.—
In administering this section, the Secretary shall—
(1)
ensure that Federal disbursements shall be at a rate consistent with historic rates for the Federal-aid highway program and the Federal transit program, respectively;
(2)
issue guidelines to ensure that all requirements of title 23, United States Code, or title 49, United States Code, that would otherwise apply to funds made available under such title and projects assisted with such funds apply to—
(A)
funds made available under such title and contributed to an infrastructure bank established under this section; and
(B)
projects assisted by the bank through the use of such funds;
except to the extent that the Secretary determines that any requirement of such title is not consistent with the objectives of this section; and
(3)
specify procedures and guidelines for establishing, operating, and providing assistance from the bank.
(h)

United States Not Obligated.—
The contribution of Federal funds into an infrastructure bank established under this section shall not be construed as a commitment, guarantee, or obligation on the part of the United States to any third party, nor shall any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt financing instrument issued by the infrastructure bank shall expressly state that the security or instrument does not constitute a commitment, guarantee, or obligation of the United States.
(i)

Management of Federal Funds.—
Sections 3335 and 6503 of title 31, United States Code, shall not apply to funds contributed under this section.
(j)

Program Administration.—
For each of fiscal years 1996 and 1997, a State may expend not to exceed 2 percent of the Federal funds contributed to an infrastructure bank established by the State under this section to pay the reasonable costs of administering the bank.
(k)

Secretarial Review.—
The Secretary shall review the financial condition of each infrastructure bank established under this section and transmit to Congress a report on the results of such review not later than March 1, 1997. In addition, the report shall contain—
(1)
an evaluation of the pilot program conducted under this section and the ability of such program to increase public investment and attract non-Federal capital; and
(2)
recommendations of the Secretary as to whether the program should be expanded or made a part of the Federal-aid highway and transit programs.
(l)

Definitions.—
In this section, the following definitions apply:
(1)

Capital project.—
The term “capital project” has the meaning such term has under section 5302 of title 49, United States Code.
(2)

Construction; federal-aid highway.—
The terms “construction” and “Federal-aid highway” have the meanings such terms have under section 101 of title 23, United States Code.
(3)

Other assistance.—
The term “other assistance” includes any use of funds in an infrastructure bank—
(A)
to provide credit enhancements;
(B)
to serve as a capital reserve for bond or debt instrument financing;
(C)
to subsidize interest rates;
(D)
to ensure the issuance of letters of credit and credit instruments;
(E)
to finance purchase and lease agreements with respect to transit projects;
(F)
to provide bond or debt financing instrument security; and
(G)
to provide other forms of debt financing and methods of leveraging funds that are approved by the Secretary and that relate to the project with respect to which such assistance is being provided.
(4)

State.—
The term “State” has the meaning such term has under section 101 of title 23, United States Code.
SEC. 351.

RAILROAD-HIGHWAY GRADE CROSSING SAFETY.
(a)

Intelligent Transportation Systems.—
In implementing the Intelligent Transportation Systems Act of 1991 (23 U.S.C. 307 note; 105 Stat. 2189–2195), the Secretary shall ensure that the national intelligent transportation systems program addresses, in a comprehensive and coordinated manner, the use of intelligent transportation technologies to promote safety at railroad-highway grade crossings. The Secretary shall ensure that 2 or more operational tests funded under such Act are designed to promote highway traffic safety and railroad safety.
(b)

Safety Enforcement.—
(1)

Cooperation between federal and state agencies.—
The National Highway Traffic Safety Administration and the Office of Motor Carriers within the Federal Highway Administration shall cooperate and work, on a continuing basis, with the National Association of Governors' Highway Safety Representatives, the Commercial Vehicle Safety Alliance, and Operation Lifesaver, Inc., to improve compliance with and enforcement of laws and regulations pertaining to railroad-highway grade crossings.
(2)

Report.—
Not later than June 1, 1998, the Secretary shall submit to Congress a report indicating—
(A)
how the Department of Transportation worked with the entities referred to in paragraph (1) to improve the awareness of the highway and commercial vehicle safety and law enforcement communities of regulations and safety challenges at railroad-highway grade crossings; and
(B)
how resources are being allocated to better address these challenges and enforce such regulations.
(c)

Federal-State Partnership.—
(1)

Statement of policy.—
(A)

Hazards to safety.—
Certain railroad-highway grade crossings present inherent hazards to the safety of railroad operations and to the safety of persons using those crossings. It is in the public interest—
(i)
to promote grade crossing safety and reduce risk at high risk railroad-highway grade crossings; and
(ii)
to reduce the number of grade crossings while maintaining the reasonable mobility of the American people and their property, including emergency access.
(B)

Effective programs.—
Effective programs to reduce the number of unneeded and unsafe railroad-highway grade crossings require the partnership of Federal, State, and local officials and agencies, and affected railroads.
(C)

Highway planning.—
Promotion of a balanced national transportation system requires that highway planning specifically take into consideration grade crossing safety.
(2)

Partnership and oversight.—
The Secretary shall encourage each State to make progress toward achievement of the purposes of this subsection.
[Section 352 was repealed by section 126(1) of division H of Public Law 116-94.]
SEC. 353.

TRAFFIC CONTROL.
(a)

Signs.—
Traffic control signs referred to in the experimental project conducted in the State of Oregon in December 1991 shall be deemed to comply with the requirements of section 2B–4 of the Manual on Uniform Traffic Control Devices of the Department of Transportation.
(b)

Stripes.—
Notwithstanding any other provision of law, a red, white, and blue center line in the Main Street of Bristol, Rhode Island, shall be deemed to comply with the requirements of section 3B–1 of the Manual on Uniform Traffic Control Devices of the Department of Transportation.
SEC. 354.

PUBLIC USE OF REST AREAS.
Notwithstanding section 111 of title 23, United States Code, or any project agreement under such section, the Secretary shall permit the conversion of any safety rest area adjacent to Interstate Route 95 within the State of Rhode Island that was closed as of May 1, 1995, to use as a motor vehicle emissions testing facility. At the option of the State, vehicles shall be permitted to enter and exit any such testing facility directly from Interstate Route 95.
SEC. 355.

SAFETY BELT USE LAW REQUIREMENTS FOR NEW HAMPSHIRE.
(a)

In General.—
For purposes of this section and section 153 of title 23, United States Code, the State of New Hampshire shall be treated as having in effect a State law described in subsection (a)(2) of such section and as having achieved a rate of compliance with the State law required by subsections (f)(2) and (f)(3) of such section upon certification by the Secretary that the State has achieved a safety belt use rate of not less than 50 percent.
(b)

Retroactive Applicability.—
(1)

Effective date.—
Subsection (a) shall take effect September 30, 1995.
(2)

Treatment of continuance of safety belt use law.—
If the State of New Hampshire continues in effect a law described in subsection (a)(2) of section 153 of title 23, United States Code, within 60 days after the date of the enactment of this section, the State shall be treated, for purposes of this section and such section, as having in effect a State law described in such subsection on September 30, 1995.
(c)

Reservation of Apportionment Pending Certification.—
If, at any time in a fiscal year beginning after September 30, 1994, the State of New Hampshire does not have in effect a law described in subsection (a)(2) of section 153 of title 23, United States Code, the Secretary shall reserve 3 percent of the funds to be apportioned to the State for the succeeding fiscal year, under each of subsections (b)(1), (b)(2), and (b)(3) of section 104 of such title, if the Secretary has not certified, in accordance with subsection (a) of this section, that the State has achieved the applicable safety belt use rate.
(d)

Effect on Noncertification.—
If, at the end of the fiscal year in which the funds are reserved under subsection (c), the Secretary has not certified, in accordance with subsection (a), that the State of New Hampshire achieved the applicable safety belt use rate, the Secretary shall transfer the funds reserved from the State under subsection (c) to the apportionment of the State under section 402 of title 23, United States Code.
SEC. 356.

ORANGE COUNTY, CALIFORNIA, TOLL ROADS.
(a)

Modification of Agreement.—
The Secretary shall enter into an agreement modifying the agreement entered into pursuant to section 339 of the Department of Transportation and Related Agencies Appropriations Act, 1993 (106 Stat. 1552) to conform such agreement to the provisions of section 336 of the Department of Transportation and Related Agencies Appropriations Act, 1995 (108 Stat. 2495).
(b)

Limitation on Statutory Construction.—
Nothing in this section shall be construed to change the amount of the appropriation made by section 339 of the Department of Transportation and Related Agencies Appropriations Act, 1993 (106 Stat. 1552), and the line of credit provided for shall not exceed an amount supported by such appropriation.
(c)

Higher Interest Rate.—
In implementing sections 336 and 339 referred to in subsection (a), the Secretary may enter into an agreement requiring an interest rate that is higher than the rate specified in such sections.
SEC. 357.

COMPILATION OF TITLE 23, UNITED STATES CODE.
(a)

Legislative Proposal.—
The Secretary shall, by March 31, 1997, prepare and submit to Congress a draft legislative proposal of necessary technical and conforming amendments to title 23, United States Code, and related laws.
(b)

Conforming Repeal.—
Section 1066 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2006) is repealed.
SEC. 358.

SAFETY RESEARCH INITIATIVES.
(a)

Older Drivers and Other Special Driver Groups.—
(1)

Study.—
The Secretary shall conduct a study of technologies and practices to improve the driving performance of older drivers and other special driver groups.
(2)

Demonstration activities.—
In conducting the study under paragraph (1), the Secretary shall undertake demonstration activities that incorporate and build upon gerontology research related to the study of the normal aging process. The Secretary shall initially implement such activities in those States that have the highest population of aging citizens for whom driving a motor vehicle is their primary mobility mode.
(3)

Cooperative agreement.—
The Secretary shall conduct the study under paragraph (1) by entering into a cooperative agreement with an institution that has demonstrated competencies in gerontological research, population demographics, human factors related to transportation, and advanced technology applied to transportation.
(b)

Work Zone Safety.—
In carrying out the work zone safety program under section 1051 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 401 note; 105 Stat. 2001), the Secretary shall utilize a variety of methods to increase safety at highway construction sites, including each of the following:
(1)
Conducting conferences to explore new techniques and stimulate dialogue for improving work zone safety.
(2)
Establishing a national clearinghouse to assemble and disseminate, by electronic and other means, information relating to the improvement of work zone safety.
(3)
Conducting a national promotional campaign in cooperation with the States to provide timely, site-specific information to motorists when construction workers are actually present.
(4)
Encouraging the use of enforceable speed limits in work zones.
(5)
Developing training programs for work site designers and construction workers to promote safe work zone practices.
(6)
Encouraging the use of unit price bid items in contracts for traffic control devices and implementation of traffic control plans.
(c)

Radio and Microwave Technology for Motor Vehicle Safety Warning System.—
(1)

Study.—
The Secretary, in consultation with the Federal Communications Commission and the National Telecommunications and Information Administration, shall conduct a study to develop and evaluate radio and microwave technology for a motor vehicle safety warning system in furtherance of safety in all types of motor vehicles.
(2)

Equipment.—
Equipment developed under the study shall be directed toward, but not limited to, advance warning to operators of all types of motor vehicles of—
(A)
temporary obstructions in a highway;
(B)
poor visibility and highway surface conditions caused by adverse weather; and
(C)
movement of emergency vehicles.
(3)

Safety applications.—
In conducting the study, the Secretary shall determine whether the technology described in this subsection has other appropriate safety applications.
(d)

Effectiveness of Drunk Driving Laws.—
The Secretary shall conduct a study to evaluate the effectiveness on reducing drunk driving and appropriateness of laws enacted in the States which allow a health care provider who treats an individual involved in a vehicular accident to report the blood alcohol level, if known, of such individual to the local law enforcement agency which has jurisdiction over the accident site if the blood alcohol concentration level exceeds the maximum level permitted under State law.
SEC. 359.

MISCELLANEOUS STUDIES.
(a)

Pan American Highway.—
(1)

Study.—
The Secretary shall conduct a study on the adequacy of and the need for improvements to the Pan American Highway.
(2)

Elements.—
The study shall include, at a minimum, the following elements:
(A)
Findings on the benefits of constructing a highway at Darien Gap, Panama and Colombia.
(B)
Recommendations for a self-financing arrangement for completion and maintenance of the Pan American Highway.
(C)
Recommendations for establishing a Pan American highway authority to monitor financing, construction, maintenance, and operations of the Pan American Highway.
(D)
Findings on the benefits to trade and prosperity of a more efficient Pan American Highway.
(E)
Findings on the benefits to United States industry resulting from the use of United States technology and equipment in construction of improvements to the Pan American Highway.
(F)
Findings on environmental considerations, including environmental considerations relating to Darien Gap.
(3)

Report.—
Not later than 2 years after the date of the enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study.
(b)

Highway Signs for National Highway System.—
(1)

Study.—
The Secretary shall conduct a study to determine the cost, need, and efficacy of establishing a highway sign for identifying routes on the National Highway System. In conducting the study, the Secretary shall make a determination concerning whether to identify National Highway System route numbers.
(2)

Report.—
Not later than March 1, 1997, the Secretary shall transmit to Congress a report on the results of the study.
(c)

Compliance With Buy American Act.—
(1)

Study.—
The Secretary shall conduct a study on compliance with the Buy American Act (41 U.S.C. 10a–10c) with respect to contracts entered into using amounts made available from the Highway Trust Fund.
(2)

Report.—
Not later than 1 year after the date of the enactment of this Act, the Secretary shall transmit to Congress a report on the results of the study.
(d)

Magnetic Levitation.—
(1)

Study.—
The Secretary shall conduct a study evaluating the near-term applications of magnetic levitation ground transportation technology in the United States, with particular emphasis in identifying projects which would warrant immediate application of such technology. The study shall also evaluate the use of innovative financial techniques for the construction and operation of such projects.
(2)

Elements.—
The study shall be undertaken in consultation with a committee of 8 persons chosen by the Secretary with appropriate backgrounds in magnetic levitation transportation, design and construction, public and private finance, and infrastructure policy disciplines. The chairperson of the committee shall be elected by the members.
(3)

Report.—
Not later than September 30, 1996, the Secretary shall transmit to the President and Congress a report on the results of the study.
TITLE IV—

WOODROW WILSON MEMORIAL BRIDGE
SEC. 401.

SHORT TITLE.
This title may be cited as the “Woodrow Wilson Memorial Bridge Authority Act of 1995”.
SEC. 402.

FINDINGS.
Congress finds that—
(1)
traffic congestion imposes serious economic burdens on the metropolitan Washington, D.C., area, costing each commuter an estimated $1,000 per year;
(2)
the volume of traffic in the metropolitan Washington, D.C., area is expected to increase by more than 70 percent between 1990 and 2020;
(3)
the deterioration of the Woodrow Wilson Memorial Bridge and the growing population of the metropolitan Washington, D.C., area contribute significantly to traffic congestion;
(4)
the Bridge serves as a vital link in the Interstate System and in the Northeast corridor;
(5)
identifying alternative methods for maintaining this vital link of the Interstate System is critical to addressing the traffic congestion of the area;
(6)
the Bridge is—
(A)
the only drawbridge in the metropolitan Washington, D.C., area on the Interstate System;
(B)
the only segment of the Capital Beltway with only 6 lanes; and
(C)
the only segment of the Capital Beltway with a remaining expected life of less than 10 years;
(7)
the Bridge is the only part of the Interstate System owned by the Federal Government;
(8)
(A)
the Bridge was constructed by the Federal Government;
(B)
prior to the date of the enactment of this Act, the Federal Government has contributed 100 percent of the cost of building and rehabilitating the Bridge; and
(C)
the Federal Government has a continuing responsibility to fund future costs associated with the upgrading of the Interstate Route 95 crossing, including the rehabilitation and reconstruction of the Bridge;
(9)
the Woodrow Wilson Memorial Bridge Coordination Committee is undertaking planning studies pertaining to the Bridge, consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable Federal laws;
(10)
the transfer of ownership of the Bridge to a regional entity under the terms and conditions described in this title would foster regional transportation planning efforts to identify solutions to the growing problem of traffic congestion on and around the Bridge;
(11)
any material change to the Bridge must take into account the interests of nearby communities, the commuting public, Federal, State, and local government organizations, and other affected groups; and
(12)
a commission of congressional, State, and local officials and transportation representatives has recommended to the Secretary that the Bridge be transferred to an independent authority to be established by the Capital Region jurisdictions.
SEC. 403.

PURPOSES.
The purposes of this title are—
(1)
to grant consent to the Commonwealth of Virginia, the State of Maryland, and the District of Columbia to establish by interstate agreement or compact the Woodrow Wilson Memorial Bridge Authority;
(2)
to authorize the transfer of ownership of the Woodrow Wilson Memorial Bridge to the Authority for the purposes of owning, constructing, maintaining, and operating a bridge or tunnel or a bridge and tunnel project across the Potomac River; and
(3)
to direct the Secretary to continue working with the parties that comprise the Woodrow Wilson Memorial Bridge Coordination Committee to complete all planning, preliminary engineering and design, environmental studies and documentation, and final engineering, and to submit a proposed agreement to Congress by October 1, 1996, that specifies the selected alternative, implementation schedule, and costs of the Project and the Federal share of the costs of the activities to be carried out as part of the Project.
SEC. 404.

DEFINITIONS.
In this title, the following definitions apply:
(1)

Authority.—
The term “Authority” means the Woodrow Wilson Memorial Bridge Authority established under section 405.
(2)

Board.—
The term “Board” means the board of directors of the Authority established under section 406.
(3)

Bridge.—
The term “Bridge” means the Woodrow Wilson Memorial Bridge across the Potomac River.
(4)

Capital region jurisdiction.—
The term “Capital Region jurisdiction” means—
(A)
the Commonwealth of Virginia;
(B)
the State of Maryland; and
(C)
the District of Columbia.
(5)

Project.—
The term “Project” means the upgrading of the Interstate Route 95 Potomac River crossing, consistent with the selected alternative as described in a record of decision executed by the Secretary in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The term includes ongoing short-term rehabilitation and repairs to the Bridge.
(6)

Signatory.—
The term “Signatory” means any political jurisdiction that enters into the interstate agreement or compact that establishes the Authority.
(7)

Woodrow wilson memorial bridge coordination committee.—
The term “Woodrow Wilson Memorial Bridge Coordination Committee” means the Woodrow Wilson Memorial Bridge Coordination Committee established and chaired by the Federal Highway Administration and comprised of representatives of Federal, State, and local governments.
SEC. 405.

ESTABLISHMENT OF AUTHORITY.
(a)

Consent to Interstate Agreement.—
Congress grants consent to the Capital Region jurisdictions to enter into an interstate agreement or compact to establish the Authority and to designate the governance, powers, and duties of the Authority. The Authority shall be a non-Federal entity designated by the interstate agreement or compact.
(b)

Establishment of Authority.—
(1)

In general.—
Upon execution of the interstate agreement or compact described in subsection (a) and an agreement between the Secretary and the Authority as provided in section 407(c), the Authority shall be considered to be established for purposes of subsection (c).
(2)

General powers.—
The Authority shall be a body corporate and politic, and an instrumentality of each of the Capital Region jurisdictions, having the powers and jurisdiction described in this title and such additional powers as are conferred on the Authority by the Capital Region jurisdictions, to the extent that the additional powers are consistent with this title.
(c)

Purposes of Authority.—
The Authority shall be established—
(1)
to assume ownership of the Bridge; and
(2)
to undertake the Project.
SEC. 406.

GOVERNMENT OF AUTHORITY.
(a)

In General.—
The Authority shall be governed in accordance with this section and with the terms of any interstate agreement or compact relating to the Authority that is consistent with this title.
(b)

Board.—
The Authority shall be governed by a board of directors consisting of not more than 12 members appointed by the Capital Region jurisdictions and 1 member appointed by the Secretary.
(c)

Qualifications.—
At least 2 members of the Board shall be elected officials each of whom represents a political subdivision that has jurisdiction over the area at an end of the Project crossing.
(d)

Failure To Appoint.—
The failure of a Capital Region jurisdiction to appoint 1 or more members of the Board shall not impair the establishment of the Authority if the condition of the establishment described in section 405(b)(1) has been met.
(e)

Personal Liability of Members.—
A member of the Board, including any nonvoting member, shall not be personally liable for—
(1)
any action taken in his or her capacity as a member of the Board; or
(2)
any note, bond, or other financial obligation of the Authority.
(f)

Residency Requirement.—
Each member of the Board shall reside within a Capital Region jurisdiction.
SEC. 407.

OWNERSHIP OF BRIDGE.
(a)

Conveyance by Secretary.—
(1)

In general.—
After execution of the agreement under subsection (c), the Secretary shall convey to the Authority or any Capital Region jurisdiction all right, title, and interest of the United States in and to the Bridge, including such related riparian rights and interests in land underneath the Potomac River as are necessary to carry out the Project. Except as provided in paragraph (2), upon conveyance by the Secretary, the Authority or any Capital Region jurisdiction shall accept the right, title, and interest in and to the Bridge and all duties and responsibilities associated with the Bridge.
(2)

Interim responsibilities.—
Until such time as the Project is constructed and operational, the conveyance under paragraph (1) shall not—
(A)
relieve the Capital Region jurisdictions of the sole and exclusive responsibility to maintain and operate the Bridge; or
(B)
relieve the Secretary of the responsibility to rehabilitate the Bridge or to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and all other requirements applicable with respect to the Bridge.
(b)

Transfers of Jurisdiction.—
For the purpose of making the conveyance under subsection (a), the Secretary of the Interior and the head of any other Federal department or agency that has jurisdiction over land under or adjacent to the Bridge shall transfer such jurisdiction to the Secretary.
(c)

Agreement.—
(1)

In general.—
The agreement referred to in subsection (a) is an agreement concerning the Project that is executed by the Secretary and the Authority or any Capital Region jurisdiction that accepts ownership of the new bridge.
(2)

Terms of the agreement.—
The agreement shall—
(A)
identify whether the Authority or a Capital Region jurisdiction will accept ownership of the new bridge;
(B)
contain a financial plan satisfactory to the Secretary, which shall be prepared before the execution of the agreement, that specifies—
(i)
the total cost of the Project, including any cost-saving measures;
(ii)
a schedule for implementation of the Project, including whether any expedited design and construction techniques will be used; and
(iii)
the sources of funding that will be used to cover any costs of the Project not funded from funds made available under section 412;
(C)
require that—
(i)
the Project include not more than 12 traffic lanes, including 8 general purpose lanes, 2 merging/diverging lanes, and 2 high occupancy vehicle, express bus, or rail transit lanes;
(ii)
the design, construction, and operation of the Project reflect the requirements of clause (i);
(iii)
all provisions described in the environmental impact statement for the Project or the record of decision for the Project (including in the attachments to the statement and record) for mitigation of environmental and other impacts of the Project be implemented; and
(iv)
the Authority and the Capital Region jurisdictions develop a process to integrate affected local governments, on an ongoing basis, in the process of carrying out the engineering, design, and construction phases of the project, including planning for implementing the provisions described in clause (iii); and
(D)
contain such other terms and conditions as the Secretary determines to be appropriate.
SEC. 408.

PROJECT PLANNING.
(a)

In General.—
The Secretary shall work with the Woodrow Wilson Memorial Bridge Coordination Committee, or with the Authority consistent with the purpose of the Authority, to complete, at the earliest possible date, planning, preliminary engineering and design, environmental studies and documentation, and final engineering for the Project, consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable Federal laws.
(b)

Transportation Improvement Program.—
Notwithstanding sections 134(g)(2)(B), 134(h)(3)(D) and 135(f)(2)(D) of title 23, United States Code, the Project may be included in a metropolitan long-range transportation plan, a metropolitan transportation improvement program, and a State transportation improvement program under sections 134 and 135, respectively, of that title.
SEC. 409.

ADDITIONAL POWERS AND RESPONSIBILITIES OF AUTHORITY.
In addition to the powers and responsibilities of the Authority under the other provisions of this title and under any interstate agreement or compact relating to the Authority that is consistent with this title, the Authority shall have all powers necessary and appropriate to carry out the duties of the Authority, including the power—
(1)
to adopt and amend any bylaw that is necessary for the regulation of the affairs of the Authority and the conduct of the business of the Authority;
(2)
to adopt and amend any regulation that is necessary to carry out the powers of the Authority;
(3)
subject to section 407(a)(2), to plan, establish, finance, operate, develop, construct, enlarge, maintain, equip, or protect the facilities of the Project;
(4)
to employ, in the discretion of the Authority, such personnel and agents as may be necessary to carry out the purposes of the Authority (including consulting engineers, attorneys, accountants, construction and financial experts, superintendents, and managers) and to fix the compensation and benefits of the employees and agents, except that—
(A)
an employee of the Authority shall not engage in an activity described in section 7116(b)(7) of title 5, United States Code, with respect to the Authority; and
(B)
an employment agreement entered into by the Authority shall contain an explicit prohibition against an activity described in subparagraph (A) with respect to the Authority by an employee covered by the agreement;
(5)
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;
(6)
to exercise such powers of eminent domain in the Capital Region jurisdictions as are conferred on the Authority by the Signatories, in the exercise of the powers and the performance of the duties of the Authority;
(7)
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 Authority by the Federal Government or by any other public or private entity or individual;
(8)
to borrow money on a short-term basis and issue notes of the Authority for the borrowing payable on such terms and conditions as the Board considers advisable, and to issue long-term or short-term bonds in the discretion of the Authority for any purpose consistent with this title, which notes and bonds—
(A)
shall not constitute a debt of the United States (or any political subdivision of the United States), or a general obligation of a Capital Region jurisdiction (or any political subdivision of a Capital Region jurisdiction), unless consented to by the jurisdiction or political subdivision; and
(B)
may be secured solely by the general revenues of the Authority, or solely by the income and revenues of the Bridge or a new crossing of the Potomac River constructed as part of the Project, or by other revenues in the discretion of the Authority;
(9)
to fix, revise, charge, and collect any reasonable toll or other charge;
(10)
to enter into any contract or agreement necessary or appropriate to the performance of the duties of the Authority or the proper operation of the Bridge or a new crossing of the Potomac River constructed as part of the Project;
(11)
to make any payment necessary to reimburse a local political subdivision having jurisdiction over an area where the Bridge or a new crossing of the Potomac River is situated for any extraordinary law enforcement cost incurred by the subdivision in connection with the Authority facility;
(12)
to enter into partnerships or grant concessions between the public and private sectors for the purpose of—
(A)
financing, constructing, maintaining, improving, or operating the Bridge or a new crossing of the Potomac River constructed as part of the Project; or
(B)
fostering development of a new transportation technology;
(13)
to obtain any necessary Federal authorization, permit, or approval for the construction, repair, maintenance, or operation of the Bridge or a new crossing of the Potomac River constructed as part of the Project;
(14)
to adopt an official seal and alter the seal, as the Board considers appropriate;
(15)
to appoint 1 or more advisory committees;
(16)
to sue and be sued in the name of the Authority;
(17)
to carry out or contract with other entities to carry out such maintenance of traffic activities during construction of the Project as is considered necessary by the Authority to properly manage traffic and minimize congestion, such as public information campaigns, improvements designed to encourage appropriate use of alternative routes, use of high occupancy vehicles and transit services, and deployment and operation of intelligent transportation technologies; and
(18)
to carry out any activity necessary or appropriate to the exercise of the powers or performance of the duties of the Authority under this title and under any interstate agreement or compact relating to the Authority that is consistent with this title, if the activity is coordinated and consistent with the transportation planning process implemented by the metropolitan planning organization for the Washington, District of Columbia, metropolitan area under section 134 of title 23, United States Code, and section 5303 of title 49, United States Code.
* * * * * * *
SEC. 411.

AVAILABILITY OF PRIOR AUTHORIZATIONS.
In addition to the funds made available under section 104(i) of title 23, United States Code, any funds made available for the rehabilitation of the Bridge under sections 1069(i) and 1103(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2009 and 2028) shall continue to be available after the conveyance under section 407(a) of the Bridge, in accordance with the terms under which the funds were made available under such sections 1069(i) and 1103(b).
SEC. 412.

FEDERAL CONTRIBUTION.
(a)

Funding.—
(1)

In general.—
(A)

Highway trust fund.—
There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) $25,000,000 for fiscal year 1998, $75,000,000 for fiscal year 1999, $150,000,000 for fiscal year 2000, $200,000,000 for fiscal year 2001, $225,000,000 for fiscal year 2002, and $225,000,000 for fiscal year 2003 to pay the costs of planning, preliminary engineering and design, final engineering, acquisition of rights-of-way, and construction of the Project; except that the costs associated with the Bridge shall be given priority over other eligible costs, other than design costs, of the Project.
(B)

General fund.—
(i)

In general.—
In addition to amounts made available under subparagraph (A), there is appropriated to pay the costs described in subparagraph (A) $600,000,000 for fiscal year 2001.
(ii)

Condition.—
Notwithstanding any other provision of law, the additional funds made available by clause (i) shall be made available only when 1 or more of the Capital Region jurisdictions accepts conveyance from the Secretary of all right, title, and interest of the United States in and to the new Bridge.
(iii)

Manner of use.—
The use of the additional funds made available by clause (i) shall be subject to title 23, United States Code.
(2)

Contract authority.—
Except as provided in paragraph (3), funds authorized by paragraph (1)(A) shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code.
(3)

Conditions.—
With respect to funds authorized or appropriated by this section—
(A)
the funds shall remain available until expended;
(B)
the Federal share of the cost of the Bridge component of the Project shall not exceed 100 percent; and
(C)
the Federal share of the cost of any other component of the Project shall not exceed 80 percent.
(b)

Use of Apportioned Funds.—
Nothing in this title limits the authority of any Capital Region jurisdiction to use funds apportioned to the jurisdiction under paragraphs (1) and (3) of section 104(b) of title 23, United States Code, in accordance with the requirements for such funds, to pay any costs of the Project.
(c)

Availability of Apportioned Funds.—
None of the funds made available under this section shall be available for construction before the execution of the agreement described in section 407(c), except that the Secretary may fund the maintenance and rehabilitation of the Bridge, the design of the Project, and right-of-way acquisition, including early acquisition of construction staging areas, and up to $170,000,000 for dredging and foundation activities for construction.
(d)

Limitation on Federal Contribution.—
(1)

In general.—
Except as provided in paragraph (2), the aggregate of the amounts made available from the Highway Trust Fund and the general fund of the Treasury under this section shall not exceed $1,500,000,000.
(2)

Excluded amounts.—
Amounts made available for the Project under section 110 of title 23, United States Code, shall be excluded from the limitation established by paragraph (1).