[Congressional Record Volume 141, Number 99 (Friday, June 16, 1995)]
[Senate]
[Pages S8544-S8550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                NATIONAL HIGHWAY SYSTEM DESIGNATION ACT

  Mr. WARNER. I now ask unanimous consent that the Senate proceed to S. 
440, the highway bill.
  The PRESIDING OFFICER. The clerk will read the bill by title.
  The legislative clerk read as follows:

       A bill (S. 440) to amend title 23, United States Code, to 
     provide for the designation of the National Highway System, 
     and for other purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Labor and Human 
Resources, with an amendment to strike out all after the enacting 
clause and inserting in lieu thereof the following:

     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.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                      TITLE I--HIGHWAY PROVISIONS

Sec. 101. National Highway System designation.
Sec. 102. Eligible projects for the National Highway System.
Sec. 103. Transferability of apportionments.
Sec. 104. Design criteria for the National Highway System.
Sec. 105. Applicability of transportation conformity requirements.
Sec. 106. Use of recycled paving material.
Sec. 107. Inapplicability of Davis-Bacon Act.
Sec. 108. Limitation on advance construction.
Sec. 109. Preventive maintenance.
Sec. 110. Eligibility of bond and other debt instrument financing for 
              reimbursement as construction expenses.
Sec. 111. Federal share for highways, bridges, and tunnels.
Sec. 112. Streamlining for transportation enhancement projects.
Sec. 113. Non-Federal share for certain toll bridge projects.
Sec. 114. Congestion mitigation and air quality improvement program.
Sec. 115. Repeal of national maximum speed limit.
Sec. 116. Federal share for bicycle transportation facilities and 
              pedestrian walkways.
Sec. 117. Repeal of restrictions on toll facilities.
Sec. 118. Suspension of management systems.
Sec. 119. Intelligent vehicle-highway systems.
Sec. 120. Donations of funds, materials, or services for federally 
              assisted activities.
Sec. 121. Metric conversion of traffic control signs.
Sec. 122. Identification of high priority corridors.
Sec. 123. Revision of authority for innovative project in Florida.
Sec. 124. Revision of authority for priority intermodal project in 
              California.
Sec. 125. National recreational trails funding program.
Sec. 126. Intermodal facility in New York.
Sec. 127. Clarification of eligibility.
Sec. 128. Bristol, Rhode Island, street marking.
Sec. 129. Public use of rest areas.
Sec. 130. Collection of tolls to finance certain environmental projects 
              in Florida.
Sec. 131. Hours of service of drivers of ground water well drilling 
              rigs.

 TITLE II--NATIONAL CAPITAL REGION INTERSTATE TRANSPORTATION AUTHORITY

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Purposes.
Sec. 204. Definitions.
Sec. 205. Establishment of Authority.
Sec. 206. Government of Authority.
Sec. 207. Ownership of Bridge.
Sec. 208. Capital improvements and construction.
Sec. 209. Additional powers and responsibilities of Authority.
Sec. 210. Funding.
Sec. 211. Availability of prior authorizations.
                      TITLE I--HIGHWAY PROVISIONS

     SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNATION.

       Section 103 of title 23, United States Code, is amended by 
     inserting after subsection (b) the following:
       ``(c) National Highway System Designation.--
       ``(1) Designation.--The most recent National Highway System 
     (as of the date of enactment of this Act) as submitted by the 
     Secretary of Transportation pursuant to this section is 
     designated as the National Highway System.
       ``(2) Modifications.--
       ``(A) In general.--At the request of a State, the Secretary 
     may--
       ``(i) add a new route segment to the National Highway 
     System, including a new intermodal connection; or
       ``(ii) delete a route segment in existence on the date of 
     the request and any connection to the route segment;
     if the total mileage of the National Highway System 
     (including any route segment or connection proposed to be 
     added under this subparagraph) does not exceed 165,000 miles 
     (265,542 kilometers).
       ``(B) Procedures for changes requested by states.--Each 
     State that makes a request for a change in the National 
     Highway System pursuant to subparagraph (A) shall establish 
     that each change in a route segment or connection referred to 
     in the subparagraph has been identified by the State, in 
     cooperation with local officials, pursuant to applicable 
     transportation planning activities for metropolitan areas 
     carried out under section 134 and statewide planning 
     processes carried out under section 135.
       ``(3) Approval by the secretary.--The Secretary may approve 
     a request made by a State for a change in the National 
     Highway System pursuant to paragraph (2) if the Secretary 
     determines that the change--
     
[[Page S8545]]

       ``(A) meets the criteria established for the National 
     Highway System under this title; and
       ``(B) enhances the national transportation characteristics 
     of the National Highway System.''.

     SEC. 102. ELIGIBLE PROJECTS FOR THE NATIONAL HIGHWAY SYSTEM.

       (a) In General.--Section 103(i) of title 23, United States 
     Code, is amended--
       (1) by striking paragraph (8) and inserting the following:
       ``(8) Capital and operating costs for traffic monitoring, 
     management, and control facilities and programs.''; and
       (2) by adding at the end the following:
       ``(14) Construction, reconstruction, resurfacing, 
     restoration, and rehabilitation of, and operational 
     improvements for, public highways connecting the National 
     Highway System to--
       ``(A) ports, airports, and rail, truck, and other 
     intermodal freight transportation facilities; and
       ``(B) public transportation facilities.
       ``(15) Construction of, and operational improvements for, 
     the Alameda Transportation Corridor along Alameda Street from 
     the entrance to the ports of Los Angeles and Long Beach to 
     Interstate 10, Los Angeles, California. The Federal share of 
     the cost of the construction and improvements shall be 
     determined in accordance with section 120(b).''.
       (b) Definition.--Section 101(a) of title 23, United States 
     Code, is amended by striking the undesignated paragraph 
     defining ``startup costs for traffic management and control'' 
     and inserting the following:
       ``The term `operating costs for traffic monitoring, 
     management, and control' includes labor costs, administrative 
     costs, costs of utilities and rent, and other costs 
     associated with the continuous operation of traffic control 
     activities, such as integrated traffic control systems, 
     incident management programs, and traffic control centers.''.

     SEC. 103. TRANSFERABILITY OF APPORTIONMENTS.

       The third sentence of section 104(g) of title 23, United 
     States Code, is amended by striking ``40 percent'' and 
     inserting ``60 percent''.

     SEC. 104. DESIGN CRITERIA FOR THE NATIONAL HIGHWAY SYSTEM.

       Section 109 of title 23, United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--The Secretary shall ensure that the 
     plans and specifications for each proposed highway project 
     under this chapter provide for a facility that will--
       ``(1) adequately serve the existing and planned future 
     traffic of the highway in a manner that is conducive to 
     safety, durability, and economy of maintenance; and
       ``(2) be designed and constructed in accordance with 
     criteria best suited to accomplish the objectives described 
     in paragraph (1) and to conform to the particular needs of 
     each locality.'';
       (2) by striking subsection (c) and inserting the following:
       ``(c) Design Criteria for the National Highway System.--
       ``(1) In general.--A design for new construction, 
     reconstruction, resurfacing (except for maintenance 
     resurfacing), restoration, or rehabilitation of a highway on 
     the National Highway System (other than a highway also on the 
     Interstate System) shall take into account, in addition to 
     the criteria described in subsection (a)--
       ``(A) the constructed and natural environment of the area;
       ``(B) the environmental, scenic, aesthetic, historic, 
     community, and preservation impacts of the activity; and
       ``(C) as appropriate, access for other modes of 
     transportation.
       ``(2) Development of criteria.--The Secretary, in 
     cooperation with State highway agencies, shall develop 
     criteria to implement paragraph (1). In developing the 
     criteria, the Secretary shall consider the results of the 
     committee process of the American Association of State 
     Highway and Transportation Officials as adopted and published 
     in `A Policy on Geometric Design of Highways and Streets', 
     after adequate opportunity for input by interested 
     parties.''; and
       (3) by striking subsection (q) and inserting the following:
       ``(q) Environmental, Scenic, and Historic Values.--
     Notwithstanding subsections (b) and (c), the Secretary may 
     approve a project for the National Highway System if the 
     project is designed to--
       ``(1) allow for the preservation of environmental, scenic, 
     or historic values;
       ``(2) ensure safe use of the facility; and
       ``(3) comply with subsection (a).''.

     SEC. 105. APPLICABILITY OF TRANSPORTATION CONFORMITY 
                   REQUIREMENTS.

       (a) Highway Construction.--Section 109(j) of title 23, 
     United States Code, is amended by striking ``plan for the 
     implementation of any ambient air quality standard for any 
     air quality control region designated pursuant to the Clean 
     Air Act, as amended.'' and inserting the following: ``plan 
     for--
       ``(1) the implementation of a national ambient air quality 
     standard for which an area is designated as a nonattainment 
     area under section 107(d) of the Clean Air Act (42 U.S.C. 
     7407(d)); or
       ``(2) the maintenance of a national ambient air quality 
     standard in an area that was designated as a nonattainment 
     area but that was later redesignated by the Administrator as 
     an attainment area for the standard and that is required to 
     develop a maintenance plan under section 175A of the Clean 
     Air Act (42 U.S.C. 7505a).''.
       (b) Clean Air Act Requirements.--Section 176(c) of the 
     Clean Air Act (42 U.S.C. 7506(c)) is amended by adding at the 
     end the following:
       ``(5) Applicability.--This subsection shall apply only with 
     respect to--
       ``(A) a nonattainment area and each specific pollutant for 
     which the area is designated as a nonattainment area; and
       ``(B) an area that was designated as a nonattainment area 
     but that was later redesignated by the Administrator as an 
     attainment area and that is required to develop a maintenance 
     plan under section 175A with respect to the specific 
     pollutant for which the area was designated nonattainment.''.

     SEC. 106. USE OF RECYCLED PAVING MATERIAL.

       (a) In General.--Section 1038 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240; 23 
     U.S.C. 109 note) is amended--
       (1) by striking subsection (d) and inserting the following:
       ``(d) Asphalt Pavement Containing Recycled Rubber.--
       ``(1) Crumb rubber modifier research.--Not later than 180 
     days after the date of enactment of the National Highway 
     System Designation Act of 1995, the Administrator of the 
     Federal Highway Administration shall develop testing 
     procedures and conduct research to develop performance grade 
     classifications, in accordance with the strategic highway 
     research program carried out under section 307(d) of title 
     23, United States Code, for crumb rubber modifier binders. 
     The testing procedures and performance grade classifications 
     should be developed in consultation with representatives of 
     the crumb rubber modifier industry and other interested 
     parties (including the asphalt paving industry) with 
     experience in the development of the procedures and 
     classifications.
       ``(2) Crumb rubber modifier program development.--
       ``(A) In general.--The Administrator of the Federal Highway 
     Administration shall make grants to States to develop 
     programs to use crumb rubber from scrap tires to modify 
     asphalt pavements. Each State may receive not more than 
     $500,000 under this paragraph.
       ``(B) Use of grant funds.--Grant funds made available to 
     States under this paragraph may be used--
       ``(i) to develop mix designs for crumb rubber modified 
     asphalt pavements;
       ``(ii) for the placement and evaluation of crumb rubber 
     modified asphalt pavement field tests; and
       ``(iii) for the expansion of State crumb rubber modifier 
     programs in existence on the date the grant is made 
     available.''; and
       (2) in subsection (e), by striking paragraph (1) and 
     inserting the following:
       ``(1) the term `asphalt pavement containing recycled 
     rubber' means any mixture of asphalt and crumb rubber derived 
     from whole scrap tires, such that the physical properties of 
     the asphalt are modified through the mixture, for use in 
     pavement maintenance, rehabilitation, or construction 
     applications; and''.
       (b) Funding.--Section 307(e)(13) of title 23, United States 
     Code, is amended by inserting after the second sentence the 
     following: ``Of the amounts authorized to be expended under 
     this paragraph, $500,000 shall be expended in fiscal year 
     1996 to carry out section 1038(d)(1) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (Public Law 
     102-240; 23 U.S.C. 109 note) and $10,000,000 shall be 
     expended in each of fiscal years 1996 and 1997 to carry out 
     section 1038(d)(2) of the Act.''.

     SEC. 107. INAPPLICABILITY OF DAVIS-BACON ACT.

       Section 113 of title 23, United States Code, is amended to 
     read as follows:

     ``Sec. 113. Prevailing rate of wage

       ``The Act entitled `An Act relating to the rate of wages 
     for laborers and mechanics employed on public buildings of 
     the United States and the District of Columbia by contractors 
     and subcontractors, and for other purposes', approved March 
     3, 1931 (commonly known as the `Davis-Bacon Act') (40 U.S.C. 
     276a et seq.), shall not apply with respect to any project 
     carried out or assisted under any chapter of this title.''.

     SEC. 108. LIMITATION ON ADVANCE CONSTRUCTION.

       Section 115(d) of title 23, United States Code, is amended 
     to read as follows:
       ``(d) Requirement of Inclusion in Transportation 
     Improvement Program.--The Secretary may not approve an 
     application under this section unless the project is included 
     in the transportation improvement program of the State 
     developed under section 135(f).''.

     SEC. 109. PREVENTIVE MAINTENANCE.

       Section 116 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(d) Preventive Maintenance.--A preventive maintenance 
     activity shall be eligible for Federal assistance under this 
     title if the State demonstrates to the satisfaction of the 
     Secretary that the activity is a cost-effective means of 
     extending the life of a Federal-aid highway.''.

     SEC. 110. ELIGIBILITY OF BOND AND OTHER DEBT INSTRUMENT 
                   FINANCING FOR REIMBURSEMENT AS CONSTRUCTION 
                   EXPENSES.

       (a) In General.--Section 122 of title 23, United States 
     Code, is amended to read as follows:

     ``SEC. 122. PAYMENTS TO STATES FOR BOND AND OTHER DEBT 
                   INSTRUMENT FINANCING.

       ``(a) Definition of Eligible Debt Financing Instrument.--In 
     this section, the term `eligible debt financing instrument' 
     means a bond or other debt financing instrument, including a 
     note, certificate, mortgage, or lease agreement, issued by a 
     State or political subdivision of a State, the proceeds of 
     which are used for an eligible Federal-aid project under this 
     title.
       ``(b) Federal Reimbursement.--Subject to subsections (c) 
     and (d), the Secretary may reimburse a State for expenses and 
     costs incurred by 

[[Page S8546]]
     the State or a political subdivision of the State, for--
       ``(1) interest payments under an eligible debt financing 
     instrument;
       ``(2) the retirement of principal of an eligible debt 
     financing instrument;
       ``(3) the cost of the issuance of an eligible debt 
     financing instrument;
       ``(4) the cost of insurance for an eligible debt financing 
     instrument; and
       ``(5) any other cost incidental to the sale of an eligible 
     debt financing instrument (as determined by the Secretary).
       ``(c) Conditions on Payment.--The Secretary may reimburse a 
     State under subsection (b) with respect to a project funded 
     by an eligible debt financing instrument after the State has 
     complied with this title to the extent and in the manner that 
     would be required if payment were to be made under section 
     121.
       ``(d) Federal Share.--The Federal share of the cost of a 
     project payable under this section shall not exceed the pro-
     rata basis of payment authorized in section 120.
       ``(e) Statutory Construction.--Notwithstanding any other 
     law, the eligibility of an eligible debt financing instrument 
     for reimbursement under subsection (a) shall not--
       ``(1) constitute a commitment, guarantee, or obligation on 
     the part of the United States to provide for payment of 
     principal or interest on the eligible debt financing 
     instrument; or
       ``(2) create any right of a third party against the United 
     States for payment under the eligible debt financing 
     instrument.''.
       (b) Definition of Construction.--The first sentence of the 
     undesignated paragraph defining ``construction'' of section 
     101(a) of title 23, United States Code, is amended by 
     inserting ``bond costs and other costs relating to the 
     issuance of bonds or other debt instrument financing in 
     accordance with section 122,'' after ``highway, including''.
       (c) Conforming Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is amended by striking the item 
     relating to section 122 and inserting the following:

``122. Payments to States for bond and other debt instrument 
              financing.''.

     SEC. 111. FEDERAL SHARE FOR HIGHWAYS, BRIDGES, AND TUNNELS.

       Section 129(a) of title 23, United States Code, is amended 
     by striking paragraph (5) and inserting the following:
       ``(5) Limitation on federal share.--The Federal share 
     payable for an activity described in paragraph (1) shall be a 
     percentage determined by the State, but not to exceed 80 
     percent.''.

     SEC. 112. STREAMLINING FOR TRANSPORTATION ENHANCEMENT 
                   PROJECTS.

       Section 133(e) of title 23, United States Code, is 
     amended--
       (1) in paragraph (3)--
       (A) by striking ``(3) Payments.--The'' and inserting the 
     following:
       ``(3) Payments.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the''; and
       (B) by adding at the end the following:
       ``(B) Advance payment option for transportation enhancement 
     activities.--
       ``(i) In general.--The Secretary may advance funds to the 
     State for transportation enhancement activities funded from 
     the allocation required by subsection (d)(2) for a fiscal 
     year if the Secretary certifies for the fiscal year that the 
     State has authorized and uses a process for the selection of 
     transportation enhancement projects that involves 
     representatives of affected public entities, and private 
     citizens, with expertise related to transportation 
     enhancement activities.
       ``(ii) Limitation on amounts.--Amounts advanced under this 
     subparagraph shall be limited to such amounts as are 
     necessary to make prompt payments for project costs.
       ``(iii) Effect on other requirements.--This subparagraph 
     shall not exempt a State from other requirements of this 
     title relating to the surface transportation program.''; and
       (2) by adding at the end the following:
       ``(5) Transportation enhancement activities.--
       ``(A) Categorical exclusions.--To the extent appropriate, 
     the Secretary shall develop categorical exclusions from the 
     requirement that an environmental assessment or an 
     environmental impact statement under section 102 of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4332) be 
     prepared for transportation enhancement activities funded 
     from the allocation required by subsection (d)(2).
       ``(B) Nationwide programmatic agreement.--The Administrator 
     of the Federal Highway Administration, in consultation with 
     the National Conference of State Historic Preservation 
     Officers and the Advisory Council on Historic Preservation 
     established under title II of the National Historic 
     Preservation Act (16 U.S.C. 470i et seq.), shall develop a 
     nationwide programmatic agreement governing the review of 
     transportation enhancement activities funded from the 
     allocation required by subsection (d)(2), in accordance 
     with--
       ``(i) section 106 of the National Historic Preservation Act 
     (16 U.S.C. 470f); and
       ``(ii) the regulations of the Advisory Council on Historic 
     Preservation.''.

     SEC. 113. NON-FEDERAL SHARE FOR CERTAIN TOLL BRIDGE PROJECTS.

       Section 144(l) of title 23, United States Code, is amended 
     by adding at the end the following: ``Any non-Federal funds 
     expended for the seismic retrofit of the bridge may be 
     credited toward the non-Federal share required as a condition 
     of receipt of any Federal funds for seismic retrofit of the 
     bridge made available after the date of the expenditure.''.

     SEC. 114. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 
                   PROGRAM.

       (a) Areas Eligible for Funds.--
       (1) In general.--The first sentence of section 149(b) of 
     title 23, United States Code, is amended--
       (A) by inserting ``for areas in the State that were 
     designated as nonattainment areas under section 107(d) of the 
     Clean Air Act (42 U.S.C. 7407(d))'' after ``may obligate 
     funds''; and
       (B) in paragraph (1)(A)--
       (i) by striking ``contribute to the'' and inserting the 
     following: ``contribute to--
       ``(i) the''; and
       (ii) by adding at the end the following:
       ``(ii) the maintenance of a national ambient air quality 
     standard in an area that was designated as a nonattainment 
     area but that was later redesignated by the Administrator of 
     the Environmental Protection Agency as an attainment area 
     under section 107(d) of the Clean Air Act (42 U.S.C. 
     7407(d)); or''.
       (2) Apportionment.--Section 104(b)(2) of title 23, United 
     States Code, is amended--
       (A) in the second sentence, by striking ``is a 
     nonattainment area (as defined in the Clean Air Act) for 
     ozone'' and inserting ``was a nonattainment area (as defined 
     in section 171(2) of the Clean Air Act (42 U.S.C. 7501(2))) 
     for ozone during any part of fiscal year 1995''; and
       (B) in the third sentence--
       (i) by striking ``is also'' and inserting ``was also''; and
       (ii) by inserting ``during any part of fiscal year 1995'' 
     after ``monoxide''.
       (b) Removal of Certain Funding Limitations.--Section 
     149(b)(1)(A) of title 23, United States Code, is amended by 
     striking ``(other than clauses (xii) and (xvi) of such 
     section), that the project or program'' and inserting ``, 
     that the publicly sponsored project or program''.

     SEC. 115. REPEAL OF NATIONAL MAXIMUM SPEED LIMIT.

       (a) In General.--Section 154 of title 23, United States 
     Code, is repealed.
       (b) Conforming Amendments.--
       (1) The analysis for chapter 1 of title 23, United States 
     Code, is amended by striking the item relating to section 
     154.
       (2) Section 141 of title 23, United States Code, is 
     amended--
       (A) by striking subsection (a);
       (B) by redesignating subsections (b), (c), and (d) as 
     subsections (a), (b), and (c), respectively; and
       (C) in subsection (b) (as so redesignated), by striking 
     ``subsection (b)'' each place it appears and inserting 
     ``subsection (a)''.
       (3) Section 123(c)(3) of the Federal-Aid Highway Act of 
     1978 (Public Law 95-599; 23 U.S.C. 141 note) is amended by 
     striking ``section 141(b)'' and inserting ``section 141(a)''.
       (4) Section 153(i)(2) of title 23, United States Code, is 
     amended to read as follows:
       ``(2) Motor vehicle.--The term `motor vehicle' means any 
     vehicle driven or drawn by mechanical power manufactured 
     primarily for use on public highways, except any vehicle 
     operated exclusively on a rail or rails.''.
       (5) Section 1029 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (Public Law 102-240; 23 U.S.C. 154 
     note) is amended--
       (A) by striking subsection (d); and
       (B) by redesignating subsections (e), (f), and (g) as 
     subsections (d), (e), and (f), respectively.
       (6) Section 157(d) of title 23, United States Code, is 
     amended by striking ``154(f) or''.
       (7) Section 410(i)(3) of title 23, United States Code, is 
     amended to read as follows:
       ``(3) Motor vehicle.--The term `motor vehicle' means any 
     vehicle driven or drawn by mechanical power manufactured 
     primarily for use on public highways, except any vehicle 
     operated exclusively on a rail or rails.''.

     SEC. 116. FEDERAL SHARE FOR BICYCLE TRANSPORTATION FACILITIES 
                   AND PEDESTRIAN WALKWAYS.

       Section 217(f) of title 23, United States Code, is amended 
     by striking ``80 percent'' and inserting ``determined in 
     accordance with section 120(b)''.

     SEC. 117. REPEAL OF RESTRICTIONS ON TOLL FACILITIES.

       (a) In General.--Section 301 of title 23, United States 
     Code, is repealed.
       (b) Authorization for Federal Participation.--Section 
     129(a)(1) of title 23, United States Code, is amended to read 
     as follows:
       ``(1) Authorization for federal participation.--Subject to 
     the other provisions of this section, the Secretary shall 
     permit Federal participation in Federal-aid projects 
     involving toll highways, bridges, and tunnels on the same 
     basis and in the same manner as in the construction of free 
     highways under this chapter.''.
       (c) Conforming Amendments.--
       (1) Section 129 of title 23, United States Code, is 
     amended--
       (A) in subsection (b), by striking ``Notwithstanding the 
     provisions of section 301 of this title, the'' and inserting 
     ``The''; and
       (B) in subsection (c), by striking ``Notwithstanding 
     section 301 of this title, the'' and inserting ``The''.
       (2) The analysis for chapter 3 of title 23, United States 
     Code, is amended by striking the item relating to section 
     301.

     SEC. 118. SUSPENSION OF MANAGEMENT SYSTEMS.

       Section 303 of title 23, United States Code, is amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) State Election.--A State may, at the option of the 
     State, elect, at any time, not to implement, in whole or in 
     part, 1 or more of the management systems required under this 
     section. The Secretary may not impose any sanction on, or 
     withhold any benefit from, a State on the basis of such an 
     election.''; and
       (2) in subsection (f)--
       (A) by striking ``(f) Annual Report.--Not'' and inserting 
     the following:
     
[[Page S8547]]

       ``(f) Reports.--
       ``(1) Annual reports.--Not''; and
       (B) by adding at the end the following:
       ``(2) Report on implementation.--Not later than October 1, 
     1996, the Secretary, in consultation with States, shall 
     transmit to Congress a report on the management systems 
     required under this section that makes recommendations as to 
     whether, to what extent, and how the management systems 
     should be implemented.''.

     SEC. 119. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

       (a) Improved Collaboration in Intelligent Vehicle-Highway 
     Systems Research and Development.--Section 6054 of the 
     Intermodal Surface Transportation Efficiency Act of 1991 
     (Public Law 102-240; 23 U.S.C. 307 note) is amended by adding 
     at the end the following:
       ``(e) Collaborative Research and Development.--In carrying 
     out this part, the Secretary may carry out collaborative 
     research and development in accordance with section 307(a)(2) 
     of title 23, United States Code.''.
       (b) Time Limit for Obligation of Funds for Intelligent 
     Vehicle-Highway Systems Projects.--Section 6058 of the 
     Intermodal Surface Transportation Efficiency Act of 1991 
     (Public Law 102-240; 23 U.S.C. 307 note) is amended by adding 
     at the end the following:
       ``(f) Obligation of Funds.--
       ``(1) In general.--Funds made available pursuant to 
     subsections (a) and (b) after the date of enactment of this 
     subsection, and other funds made available after that date to 
     carry out specific intelligent vehicle-highway systems 
     projects, shall be obligated not later than the last day of 
     the fiscal year following the fiscal year with respect to 
     which the funds are made available.
       ``(2) Reallocation of funds.--If funds described in 
     paragraph (1) are not obligated by the date described in the 
     paragraph, the Secretary may make the funds available to 
     carry out any other activity with respect to which funds may 
     be made available under subsection (a) or (b).''.

     SEC. 120. DONATIONS OF FUNDS, MATERIALS, OR SERVICES FOR 
                   FEDERALLY ASSISTED ACTIVITIES.

       Section 323 of title 23, United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Credit for Donations of Funds, Materials, or 
     Services.--Nothing in this title or any other law shall 
     prevent a person from offering to donate funds, materials, or 
     services in connection with an activity eligible for Federal 
     assistance under this title. In the case of such an activity 
     with respect to which the Federal Government and the State 
     share in paying the cost, any donated funds, or the fair 
     market value of any donated materials or services, that are 
     accepted and incorporated into the activity by the State 
     highway agency shall be credited against the State share.''.

     SEC. 121. METRIC CONVERSION OF TRAFFIC CONTROL SIGNS.

       Notwithstanding section 3(2) of the Metric Conversion Act 
     of 1975 (15 U.S.C. 205b(2)) or any other law, no State shall 
     be required to--
       (1) erect any highway sign that establishes any speed 
     limit, distance, or other measurement using the metric 
     system; or
       (2) modify any highway sign that establishes any speed 
     limit, distance, or other measurement so that the sign uses 
     the metric system.

     SEC. 122. IDENTIFICATION OF HIGH PRIORITY CORRIDORS.

       Section 1105(c) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (Pub. L. 102-240; 105 Stat. 2032) is 
     amended--
       (1) by striking paragraph (5) and inserting the following:
       ``(5)(A) I-73/74 North-South Corridor from Charleston, 
     South Carolina, through Winston-Salem, North Carolina, to 
     Portsmouth, Ohio, to Cincinnati, Ohio, and Detroit, Michigan.
       ``(B)(i) In the Commonwealth of Virginia, the Corridor 
     shall generally follow--
       ``(I) United States Route 220 from the Virginia-North 
     Carolina border to I-581 south of Roanoke;
       ``(II) I-581 to I-81 in the vicinity of Roanoke;
       ``(III) I-81 to the proposed highway to demonstrate 
     intelligent vehicle-highway systems authorized by item 29 of 
     the table in section 1107(b) in the vicinity of 
     Christiansburg to United States Route 460 in the vicinity of 
     Blacksburg; and
       ``(IV) United States Route 460 to the West Virginia State 
     line.
       ``(ii) In the States of West Virginia, Kentucky, and Ohio, 
     the Corridor shall generally follow--
       ``(I) United States Route 460 from the West Virginia State 
     line to United States Route 52 at Bluefield, West Virginia; 
     and
       ``(II) United States Route 52 to United States Route 23 at 
     Portsmouth, Ohio.
       ``(iii) In the State of North Carolina, the Corridor shall 
     generally follow--
       ``(I) in the case of I-73--
       ``(aa) United States Route 220 from the Virginia State line 
     to State Route 68 in the vicinity of Greensboro;
       ``(bb) State Route 68 to I-40;
       ``(cc) I-40 to United States Route 220 in Greensboro;
       ``(dd) United States Route 220 to United States Route 74 
     near Rockingham;
       ``(ee) United States Route 74 to United States Route 76 
     near Whiteville;
       ``(ff) United States Route 74/76 to United States Route 17 
     near Calabash; and
       ``(gg) United States Route 17 to the South Carolina State 
     line; and
       ``(II) in the case of I-74--
       ``(aa) I-77 from Bluefield, West Virginia, to the junction 
     of I-77 and the United States Route 52 connector in Surry 
     County, North Carolina;
       ``(bb) the I-77/United States Route 52 connector to United 
     States Route 52 south of Mount Airy, North Carolina;
       ``(cc) United States Route 52 to United States Route 311 in 
     Winston-Salem, North Carolina; and
       ``(dd) United States Route 311 to United States Route 220 
     in the vicinity of Randleman, North Carolina.
       ``(iv) Each route segment referred to in clause (i), (ii), 
     or (iii) that is not a part of the Interstate System shall be 
     designated as a route included in the Interstate System, at 
     such time as the Secretary determines that the route 
     segment--
       ``(I) meets Interstate System design standards approved by 
     the Secretary under section 109(b) of title 23, United States 
     Code; and
       ``(II) meets the criteria for designation pursuant to 
     section 139 of title 23, United States Code, except that the 
     determination shall be made without regard to whether the 
     route segment is a logical addition or connection to the 
     Interstate System.''; and
       (2) by adding at the end the following:
       ``(22) The Alameda Transportation Corridor along Alameda 
     Street from the entrance to the ports of Los Angeles and Long 
     Beach to Interstate 10, Los Angeles, California.
       ``(23) The Interstate Route 35 Corridor from Laredo, Texas, 
     through Oklahoma City, Oklahoma, to Wichita, Kansas, to 
     Kansas City, Kansas/Missouri, to Des Moines, Iowa, to 
     Minneapolis, Minnesota, to Duluth, Minnesota.''.

     SEC. 123. REVISION OF AUTHORITY FOR INNOVATIVE PROJECT IN 
                   FLORIDA.

       Item 196 of the table in section 1107(b) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (Public Law 
     102-240; 105 Stat. 2058) is amended--
       (1) by striking ``Orlando,''; and
       (2) by striking ``Land & right-of-way acquisition & 
     guideway construction for magnetic limitation project'' and 
     inserting ``1 or more regionally significant, intercity 
     ground transportation projects''.

     SEC. 124. REVISION OF AUTHORITY FOR PRIORITY INTERMODAL 
                   PROJECT IN CALIFORNIA.

       Item 31 of the table in section 1108(b) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (Public Law 
     102-240; 105 Stat. 2062) is amended by striking ``To improve 
     ground access from Sepulveda Blvd. to Los Angeles, 
     California'' and inserting the following: ``For the Los 
     Angeles International Airport central terminal ramp access 
     project, $3,500,000; for the widening of Aviation Boulevard 
     south of Imperial Highway, $3,500,000; for the widening of 
     Aviation Boulevard north of Imperial Highway, $1,000,000; and 
     for transportation systems management improvements in the 
     vicinity of the Sepulveda Boulevard/Los Angeles International 
     Airport tunnel, $950,000''.

     SEC. 125. NATIONAL RECREATIONAL TRAILS FUNDING PROGRAM.

       (a) Contract Authority.--Section 1302 of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (16 U.S.C. 
     1261) is amended--
       (1) by redesignating subsection (g) as subsection (i); and
       (2) by inserting after subsection (f) the following:
       ``(g) Contract Authority.--Funds authorized to be 
     appropriated under this section shall be available for 
     obligation in the manner as if the funds were apportioned 
     under title 23, United States Code, except that the Federal 
     share of any project under this section shall be determined 
     in accordance with this section and shall not be subject to 
     any limitation on obligation applicable generally to the 
     Federal-aid highway program.
       ``(h) Federal Share.--The Federal share of the cost of a 
     project under this section shall be 50 percent.''.
       (b) Technical and Conforming Amendments.--
       (1) In general.--Section 1302 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (16 U.S.C. 1261) is 
     amended--
       (A) by striking subsection (c) and inserting the following:
       ``(c) State Eligibility.--A State shall be eligible to 
     receive moneys under this part if--
       ``(1) the Governor of the State has designated the State 
     agency responsible for administering allocations under this 
     section;
       ``(2) the State proposes to obligate and ultimately 
     obligates any allocations received in accordance with 
     subsection (e); and
       ``(3) a recreational trail advisory board on which both 
     motorized and nonmotorized recreational trail users are 
     represented exists in the State.'';
       (B) in subsection (d), by striking paragraph (3);
       (C) in subsection (e)--
       (i) in paragraphs (3)(A), (5)(B), and (8)(B), by striking 
     ``(c)(2)(A) of this section'' and inserting ``(c)(3)''; and
       (ii) in paragraph (5)(A)(i), by striking ``(g)(5)'' and 
     inserting ``(i)(5)''; and
       (D) in subsection (i) (as redesignated by subsection 
     (a)(1)), by striking paragraph (1) and inserting the 
     following:
       ``(1) Eligible state.--The term `eligible State' means a 
     State (as defined in section 101 of title 23, United States 
     Code) that meets the requirements of subsection (c).''.
       (2) Section 104 of title 23, United States Code, is 
     amended--
       (A) by redesignating subsection (h) as subsection (i); and
       (B) by inserting after subsection (g) the following:
       ``(h) National Recreational Trails Funding.--The Secretary 
     shall expend, from administrative funds deducted under 
     subsection (a), to carry out section 1302 of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (16 U.S.C. 
     1261) $15,000,000 for each of fiscal years 1996 and 1997.''.
     
[[Page S8548]]

       (3) Section 9511(c) of the Trust Fund Code of 1981 is 
     amended by striking ``, as provided in appropriation Acts,''.

     SEC. 126. INTERMODAL FACILITY IN NEW YORK.

       (a) In General.--The Secretary of Transportation shall make 
     grants to the National Railroad Passenger Corporation for--
       (1) engineering, design, and construction activities to 
     permit the James A. Farley Post Office in New York, New York, 
     to be used as an intermodal transportation facility and 
     commercial center; and
       (2) necessary improvements to and redevelopment of 
     Pennsylvania Station and associated service buildings in New 
     York, New York.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section a total of 
     $69,500,000 for fiscal years following fiscal year 1995, to 
     remain available until expended.

     SEC. 127. CLARIFICATION OF ELIGIBILITY.

       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 funding under 
     sections 103(e)(4), 104(b), and 144 of title 23, United 
     States Code.

     SEC. 128. BRISTOL, RHODE ISLAND, STREET MARKING.

       Notwithstanding any other 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. 129. PUBLIC USE OF REST AREAS.

       Notwithstanding section 111 of title 23, United States 
     Code, or any project agreement under the section, the 
     Secretary of Transportation 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 gain 
     access to and from any such testing facility directly from 
     Interstate Route 95.

     SEC. 130. COLLECTION OF TOLLS TO FINANCE CERTAIN 
                   ENVIRONMENTAL PROJ- ECTS IN FLORIDA.

       Notwithstanding section 129(a) of title 23, United States 
     Code, on request of the Governor of the State of Florida, the 
     Secretary of Transportation shall modify the agreement 
     entered into with the transportation department of the State 
     and described in section 129(a)(3) of the 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. 131. HOURS OF SERVICE OF DRIVERS OF GROUND WATER WELL 
                   DRILLING RIGS.

       (a) Definitions.--In this section:
       (1) 8 consecutive days.--The term ``8 consecutive days'' 
     means the period of 8 consecutive days beginning on any day 
     at the time designated by the motor carrier for a 24-hour 
     period.
       (2) 24-hour period.--The term ``24-hour period'' means any 
     24-consecutive-hour period beginning at the time designated 
     by the motor carrier for the terminal from which the driver 
     is normally dispatched.
       (3) Ground water well drilling rig.--The term ``ground 
     water well drilling rig'' means any vehicle, machine, 
     tractor, trailer, semi-trailer, or specialized mobile 
     equipment propelled or drawn by mechanical power and used on 
     highways to transport water well field operating equipment, 
     including water well drilling and pump service rigs equipped 
     to access ground water.
       (b) General Rule.--In the case of a driver of a commercial 
     motor vehicle subject to regulations prescribed by the 
     Secretary of Transportation under sections 31136 and 31502 of 
     title 49, United States Code, who is used primarily in the 
     transportation and operation of a ground water well drilling 
     rig, for the purpose of the regulations, any period of 8 
     consecutive days may end with the beginning of an off-duty 
     period of 24 or more consecutive hours.
       (c) Report.--The Secretary of Transportation shall monitor 
     the commercial motor vehicle safety performance of drivers of 
     ground water well drilling rigs. If the Secretary determines 
     that public safety has been adversely affected by the general 
     rule established by subsection (b), the Secretary shall 
     report to Congress on the determination.
 TITLE II--NATIONAL CAPITAL REGION INTERSTATE TRANSPORTATION AUTHORITY

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``National Capital Region 
     Interstate Transportation Authority Act of 1995''.

     SEC. 202. 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 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 Bridge Coordination Committee, 
     established by the Federal Highway Administration and 
     comprised of representatives of Federal, State, and local 
     governments, 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 of Transportation that the Bridge be 
     transferred to an independent authority to be established by 
     the Capital Region jurisdictions.

     SEC. 203. 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 
     the National Capital Region Interstate Transportation 
     Authority; and
       (2) to authorize the transfer of ownership of the 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.

     SEC. 204. DEFINITIONS.

       In this title:
       (1) Authority.--The term ``Authority'' means the National 
     Capital Region Interstate Transportation Authority authorized 
     by this title and by similar enactment by each of the Capital 
     Region jurisdictions.
       (2) Authority facility.--The term ``Authority facility'' 
     means--
       (A) the Bridge (as in existence on the date of enactment of 
     this Act);
       (B) any southern Capital Beltway crossing of the Potomac 
     River constructed in the vicinity of the Bridge after the 
     date of enactment of this Act; or
       (C) any building, improvement, addition, extension, 
     replacement, appurtenance, land, interest in land, water 
     right, air right, franchise, machinery, equipment, 
     furnishing, landscaping, easement, utility, approach, 
     roadway, or other facility necessary or desirable in 
     connection with or incidental to a facility described in 
     subparagraph (A) or (B).
       (3) Board.--The term ``Board'' means the board of directors 
     of the Authority established under section 206.
       (4) Bridge.--The term ``Bridge'' means the Woodrow Wilson 
     Memorial Bridge across the Potomac River.
       (5) Capital region jurisdiction.--The term ``Capital Region 
     jurisdiction'' means--
       (A) the Commonwealth of Virginia;
       (B) the State of Maryland; or
       (C) the District of Columbia.
       (6) Interstate system.--The term ``Interstate System'' 
     means the Dwight D. Eisenhower National System of Interstate 
     and Defense Highways designated under section 103(e) of title 
     23, United States Code.
       (7) National capital region.--The term ``National Capital 
     Region'' means the region consisting of the metropolitan 
     areas of--
       (A)(i) the cities of Alexandria, Fairfax, and Falls Church, 
     Virginia; and
       (ii) the counties of Arlington and Fairfax, Virginia, and 
     the political subdivisions of the Commonwealth of Virginia 
     located in the counties;
       (B) the counties of Montgomery and Prince Georges, 
     Maryland, and the political subdivisions of the State of 
     Maryland located in the counties; and
       (C) the District of Columbia.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.

     SEC. 205. ESTABLISHMENT OF AUTHORITY.

       (a) Consent to Agreement.--Congress grants consent to the 
     Commonwealth of Virginia, the State of Maryland, and the 
     District of Columbia to enter into an interstate agreement or 
     compact to establish the National Capital Region Interstate 
     Transportation Authority in accordance with this title.
       (b) Establishment of Authority.--
       (1) In general.--On execution of the interstate agreement 
     or compact described in subsection (a), the Authority shall 
     be considered to be established.
       (2) General powers.--The Authority shall be a body 
     corporate and politic, independent of all other bodies and 
     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 

[[Page S8549]]
     the extent that the additional powers are consistent with this title.

     SEC. 206. 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 12 members appointed by the Capital 
     Region jurisdictions and 1 member appointed by the Secretary.
       (c) Qualifications.--One member of the Board shall have an 
     appropriate background in finance, construction lending, or 
     infrastructure policy.
       (d) Chairperson.--The chairperson of the Board shall be 
     elected biennially by the members of the Board.
       (e) Secretary and Treasurer.--The Board may--
       (1) biennially elect a secretary and a treasurer, or a 
     secretary-treasurer, without regard to whether the individual 
     is a member of the Board; and
       (2) prescribe the powers and duties of the secretary and 
     treasurer, or the secretary-treasurer.
       (f) Terms.--
       (1) In general.--Except as provided in paragraph (2), a 
     member of the Board shall serve for a 6-year term, and shall 
     continue to serve until the successor of the member has been 
     appointed in accordance with this subsection.
       (2) Initial appointments.--
       (A) By capital region jurisdictions.--Members initially 
     appointed to the Board by a Capital Region jurisdiction shall 
     be appointed for the following terms:
       (i) 1 member shall be appointed for a 6-year term.
       (ii) 1 member shall be appointed for a 4-year term.
       (iii) 2 members shall each be appointed for a 2-year term.
       (B) By secretary.--The member of the Board appointed by the 
     Secretary shall be appointed for a 6-year term.
       (3) Failure to appoint.--The failure of a Capital Region 
     jurisdiction to appoint 1 or more members of the Board, as 
     provided in this subsection, shall not impair the 
     establishment of the Authority if the condition of the 
     establishment described in section 205(b)(1) has been met.
       (4) Vacancies.--Subject to paragraph (5), a person 
     appointed to fill a vacancy on the Board shall serve for the 
     unexpired term.
       (5) Reappointments.--A member of the Board shall be 
     eligible for reappointment for 1 additional term.
       (6) Personal liability of members.--A member of the Board, 
     including any nonvoting member, shall not be personally 
     liable for--
       (A) any action taken in the capacity of the member as a 
     member of the Board; or
       (B) any note, bond, or other financial obligation of the 
     Authority.
       (7) Quorum.--
       (A) In general.--Subject to subparagraph (B), for the 
     purpose of carrying out the business of the Authority, 7 
     members of the Board shall constitute a quorum.
       (B) Approval of bond issues and budget.--Eight affirmative 
     votes of the members of the Board shall be required to 
     approve bond issues and the annual budget of the Authority.
       (8) Compensation.--A member of the Board shall serve 
     without compensation and shall reside within a Capital Region 
     jurisdiction.
       (9) Expenses.--A member of the Board shall be entitled to 
     reimbursement for the expenses of the member incurred in 
     attending a meeting of the Board or while otherwise engaged 
     in carrying out the duties of the Board.

     SEC. 207. OWNERSHIP OF BRIDGE.

       (a) Conveyance by Secretary.--
       (1) In general.--After the Capital Region jurisdictions 
     enter into the agreement described in subsection (c), the 
     Secretary shall convey all right, title, and interest of the 
     Department of Transportation in and to the Bridge to the 
     Authority. Except as provided in paragraph (2), upon 
     conveyance by the Secretary, the Authority 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 a new 
     crossing of the Potomac River described in section 208 is 
     constructed and operational, the conveyance under paragraph 
     (1) shall in no way--
       (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) Conveyance by the Secretary of the Interior.--At the 
     same time as the conveyance of the Bridge by the Secretary 
     under subsection (a), the Secretary of the Interior shall 
     transfer to the Authority all right, title, and interest of 
     the Department of the Interior in and to such land under or 
     adjacent to the Bridge as is necessary to carry out section 
     208. Upon conveyance by the Secretary of the Interior, the 
     Authority shall accept the right, title, and interest in 
     and to the land.
       (c) Agreement.--The agreement referred to in subsection (a) 
     is an agreement among the Secretary, the Governors of the 
     Commonwealth of Virginia and the State of Maryland, and the 
     Mayor of the District of Columbia as to the Federal share of 
     the cost of the activities carried out under section 208.

     SEC. 208. CAPITAL IMPROVEMENTS AND CONSTRUCTION.

       The Authority shall take such action as is necessary to 
     address the need of the National Capital Region for an 
     enhanced southern Capital Beltway crossing of the Potomac 
     River that serves the traffic corridor of the Bridge (as in 
     existence on the date of enactment of this Act), in 
     accordance with the recommendations in the final 
     environmental impact statement prepared by the Secretary. The 
     Authority shall have the sole responsibility for the 
     ownership, construction, operation, and maintenance of a new 
     crossing of the Potomac River.

     SEC. 209. 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 207(a)(2), to plan, establish, 
     finance, operate, develop, construct, enlarge, maintain, 
     equip, or protect the Bridge or a new crossing of the Potomac 
     River described in section 208;
       (4) to employ, in the discretion of the Authority, a 
     consulting engineer, attorney, accountant, construction or 
     financial expert, superintendent, or manager, or such other 
     employee or agent as is necessary, and to fix the 
     compensation and benefits of the employee or agent, 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--
       (A) 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; and
       (B) exercise such powers of eminent domain in the Capital 
     Region jurisdictions as are conferred on the Authority by the 
     Capital Region jurisdictions, in the exercise of the powers 
     and the performance of the duties of the Authority;
       (6) 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;
       (7) 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 
     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, a 
     Capital Region jurisdiction, or any political subdivision of 
     the United States or a Capital Region jurisdiction;
       (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 described in section 
     208; and
       (C) shall be exempt as to principal and interest from all 
     taxation (except estate and gift taxes) by the United States;
       (8) to fix, revise, charge, and collect any reasonable toll 
     or other charge;
       (9) 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 described in section 208;
       (10) 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;
       (11) 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 
     described in section 208; or
       (B) fostering development of a new transportation 
     technology;
       (12) 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 described in section 208;
       (13) to adopt an official seal and alter the seal, as the 
     Board considers appropriate;
       (14) to appoint 1 or more advisory committees;
       (15) to sue and be sued in the name of the Authority; and
       (16) 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. 210. FUNDING.

       (a) Set-Aside.--Section 104 of title 23, United States Code 
     (as amended by section 125(b)(2)(A)), is further amended--
     
[[Page S8550]]

       (1) in the first sentence of subsection (b), by striking 
     ``subsection (f) of this section'' and inserting 
     ``subsections (f) and (i)'';
       (2) by redesignating subsection (i) as subsection (j); and
       (3) by inserting before subsection (j) the following:
       ``(i) Woodrow Wilson Memorial Bridge.--Before making an 
     apportionment of funds under subsection (b), the Secretary 
     shall set aside $17,550,000 for fiscal year 1996 and 
     $80,050,000 for fiscal year 1997 for the rehabilitation of 
     the Woodrow Wilson Memorial Bridge and for the planning, 
     preliminary design, engineering, and acquisition of a right-
     of-way for, and construction of, a new crossing of the 
     Potomac River.''.
       (b) Applicability of Title 23.--Funds made available under 
     this section shall be available for obligation in the manner 
     provided for funds apportioned under chapter 1 of title 23, 
     United States Code, except that--
       (1) the Federal share of the cost of any project funded 
     under this section shall be 100 percent; and
       (2) the funds made available under this section shall 
     remain available until expended.
       (c) Study.--Not later than May 31, 1997, the Secretary, in 
     consultation with each of the Capital Region jurisdictions, 
     shall prepare and submit to Congress a report identifying the 
     necessary Federal share of the cost of the activities to be 
     carried out under section 208.
       (d) Distribution of Obligation Authority.--Section 
     1002(e)(3) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (Public Law 102-240; 23 U.S.C. 104 
     note) is amended by inserting before the period at the end 
     the following: ``and the National Capital Region Interstate 
     Transportation Authority Act of 1995''.
       (e) Removal of ISTEA Authorization for Bridge 
     Rehabilitation.--Section 1069 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240; 
     105 Stat. 2009) is amended by striking subsection (i).

     SEC. 211. AVAILABILITY OF PRIOR AUTHORIZATIONS.

       In addition to the funds made available under section 210, 
     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 (Public Law 102-240; 
     105 Stat. 2009 and 2028) (as in effect prior to the amendment 
     made by section 210(e)) shall continue to be available after 
     the conveyance of the Bridge to the Authority under section 
     207(a), in accordance with the terms under which the funds 
     were made available under the Act.

  Mr. WARNER. Mr. President, I now ask unanimous consent that the 
committee substitute be modified to delete section 107 of the bill. 
That is the section which contains the amendment of the Senator from 
Virginia, the Davis-Bacon amendment.
  The PRESIDING OFFICER. Is there objection? The Chair hears none, and 
it is so ordered.
  Mr. WARNER. I further ask unanimous consent that during the Senate's 
consideration of S. 440 no Davis-Bacon related amendments be in order.
  The PRESIDING OFFICER. Is there objection? The Chair hears none, and 
it is so ordered.
  Mr. WARNER. Mr. President, I recommended this action after 
consultation with the managers of the bill and the chairmen of the 
respective committees and the leadership of the Senate, because I am 
very anxious that consideration of the National Highway System bill be 
moved forward expeditiously.
  The Senate will have further opportunity to consider issues related 
to Davis-Bacon on other pieces of legislation, most notably S. 141, a 
bill reported from the Labor and Human Resources Committee.

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