[Congressional Record Volume 141, Number 103 (Thursday, June 22, 1995)]
[Senate]
[Pages S8924-S8935]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                NATIONAL HIGHWAY SYSTEM DESIGNATION ACT

  The Senate continued with the consideration of the bill.
  Mr. DOLE addressed the Chair.
  The PRESIDING OFFICER. The majority leader.
  Mr. DOLE. Mr. President, let me explain that under our previous 
agreement, when I call for the regular order, the highway bill comes 
back. I understand they have agreed to the Stevens-Murkowski amendment 
with Senator Bumpers. That would be adopted. There would be speeches 
for the record; very short. Then we would proceed to final passage of 
the highway bill.
  Mr. CHAFEE. Right, by voice vote.
  Mr. DOLE. Does anybody request a rollcall on final passage?
  I ask unanimous consent that once the amendment is agreed to, and the 
committee substitute, as amended, is agreed to, the bill will be 
advanced to third reading, the bill passed, and the motion to 
reconsider be laid on the table, with the above occurring without any 
intervening action.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Order of Procedure

  Mr. DOLE. There will be no more votes tonight. There will be a vote 
at 10:55 tomorrow morning. The first vote will be at 10:55. It will be 
on the amendment by the Senator from Alabama, Senator Shelby, and 
Senator Bryan.
  Mr. STEVENS addressed the Chair.
  The PRESIDING OFFICER. The Senator from Alaska.


                           Amendment No. 1467

  Mr. STEVENS. Mr. President, I have an amendment at the desk, and I 
ask for its immediate consideration.
  The PRESIDING OFFICER. At the request of the majority leader, S. 440 
is now the pending business.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from Alaska [Mr. STEVENS], for himself, Mr. 
     Murkowski, Mrs. Hutchison, and Mr. Bennett, proposes an 
     amendment numbered 1467.

       At the appropriate place in title I of the bill insert the 
     following new section:

     SEC.   . MORATORIUM.

       (a) 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 Revised 
     Statutes 2477 (43 U.S.C. 932), as such law was in effect 
     prior to October 21, 1976.
       (b) This section shall cease to have any force or effect 
     after December 1, 1995.

  Mr. STEVENS. Mr. President, in response to the request, we have 
agreed to this amendment which is a moratorium on proceeding with the 
regulations as proposed by the Department of the Interior that have not 
been issued in final form yet, but we know they are under 
consideration.
  Let me state that this amendment does not affect any judicial action 
or decision instituted since 1976, any pending judicial action or any 
future judicial action. It is not intended to affect any case law with 
respect to rights of way granted pursuant to Revised Statutes 2477. 
This deals simply with the proposal to issue regulations to, in effect, 
determine through sovereign power that the rights of the States would 
be invaded as those States rights were known under Revised Statutes 
2477, which was repealed in 1976.
  I have offered this on behalf of my colleague Senator Murkowski and 
the two Senators from Utah, Senator Hatch and Senator Bennett. I do 
believe it will achieve the goal of just having a moratorium on the 
preparation of regulations so that the committees involved and the 
States involved may try to work this out without very expensive 
litigation that would ensue, and in the case of our State it would be 
just a disastrous prospect of litigating some 600 or more separate 
rights-of-way.
  I am grateful to the Senate for having delayed the action until this 
time to enable us to have a proposal go to the House, which I hope the 
House will agree with, to establish this moratorium. It will simply 
delay the process as far as the administrative regulations that were 
proposed by the Department of the Interior.
  Mr. MURKOWSKI addressed the Chair.
  The PRESIDING OFFICER. The Senator Alaska.
  Mr. MURKOWSKI. I thank the Chair.
  Mr. President, I am glad we could come to an agreement on an 
amendment to restrict the Department of the Interior or any other 
Federal agency from taking any action on finalizing a rule or 
regulation with respect to Revised Statute 2477 until December 1, 1995. 
This will allow some of my colleagues, including my colleague from 
Arkansas, to take a careful look at this issue. I want to make it clear 
that we will be offering legislation in the future to resolve this 
problem for Alaska.
  R.S. 2477 simply states: The right-of-way for the construction of 
highways over public lands, not reserved for public uses, is hereby 
granted. The 1866 law was repealed by FLPMA in 1976. But between 1866 
and 1976, R.S. 2477 allowed the creation of property rights across 
Federal lands for rights-of-way. These rights-of-way have provided 
essential access through the Western States--and especially in Alaska. 
Recognizing this, Congress intentionally protected the R.S. 2477 
rights-of-way in FLPMA. However, the Department of the Interior 
proposed regulations in August of 1994 to make it much more difficult 
to establish right-of-way claims across Federal lands established under 
the Revised Statutes 2477.
  DOI claims the reason they are doing the regulations is to make a 
logical process to get R.S. 2477 rights-of-way recognized. BUT the 
regulations would actually:
  Override State law with restrictive new definitions of highway and 
construction;
  Put a cloud on the title to R.S. 2477 roads, treating them as invalid 
until proven valid;
  Prevent any future expansion of scope of an R.S. 2477 right-of-way, 
preventing making the right-of-way any wider, so a dogsled trail will 
remain a dog sled trail;
  Set a sunset on administrative and court action on validity of R.S. 
2477 by extinguishing claims not filed within 2 years and 30 days after 
final rule is issued;
  Although a claimant could still turn to the courts, DOI states that 
the regulations serve as notice to claimants for purpose of the Quiet 
Title Act, which provides a 12-year statute of limitations--but true to 
form, DOI did not put a time limit on themselves to process the claims;
  Construction and maintenance will not be permitted without approval 
of DOI with 3 days notice, preventing the fixing of washed out roads 
until DOI approval.
  The draft R.S. 2477 regulations from the Department of the Interior 
are nothing more than an attempt to prevent legal access across our 
public [[Page S 8925]] lands. It would impose an impossible task on 
State and local governments to make all claims for rights-of-way on 
Federal lands and then have to validate each one of the
 claims. Nowhere would this be more burdensome than in my State which 
is one-fifth the size of the United States and more than twice the size 
of Texas--yet has less roads than Vermont.

  There regulations are clearly an effort to make sure Alaska and other 
Western States cannot have access across Federal lands. This amendment 
to stop the Department of the Interior from taking any action to 
implement the final rules and will provide us time to look at the best 
approach to finally resolving the R.S. 2477 issue.
  I want to thank the Senator from Arkansas for his cooperation on the 
Steven's R.S. 2477 amendment. As chairman of the Energy and National 
Resources Committee I intend to have hearings on this matter soon and 
will be working on a legislative or administrative solution. The 
Senator from Arkansas has expressed interest in working with me on this 
issue, and I appreciate that offer. However, if we work in good faith, 
but fail to find a solution by the December date in the Steven's 
amendment, the Senator from Arkansas has assured me that there will be 
a further extension.
  I want to join with the senior Senator from Alaska and also thank our 
colleagues: Senator Warner, Senator Bumpers, Senator Chafee, and 
Senator Baucus, and as a consequence of their willingness to 
acknowledge the concerns expressed by the Western States, I would like 
for the Record to submit a list of States that currently have an 
interest in R.S. 2477. There are 16 States, and I might add for the 
Record that the Eastern States are included but they are taken 
collectively and not listed by name. So clearly this is a western 
issue.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

USDI Draft Report to Congress--R.S. 2477, the History and Management of 
 R.S. 2477 Rights-of-Way Claims on Federal and Other Lands, March 1993

       Existing public land records indicate that approximately 
     1,453 R.S. 2477 rights-of-way have been recognized to date 
     across BLM lands. At least two R.S. 2477 highways have been 
     recognized in National Park Units--the Burr Trail located in 
     both Capitol Reef National Park and Glen Canyon National 
     Recreation Area in Utah and the Glade Park Road in the 
     Colorado National Monument.
       Information regarding other Federal land management 
     agencies was not available for this draft report. Few 
     recognized claims are thought to exist across other agency 
     lands.


                             pending claims

       Currently, there are approximately 3,947 pending claims on 
     file with the BLM nationwide. Utah has the greatest number 
     pending, with claims to 3,815 roads. Most other BLM States 
     have very few claims pending. Some new assertions, that are 
     not reflected on the table below, have been filed with 
     various Federal agencies since the initiation of this study. 
     However, the table below does reflect the general situation 
     regarding filed claims. Few assertions are pending with 
     Federal land management agency offices overall except for 
     Utah BLM.

        CURRENT R.S. 2477 CLAIMS ON BLM PUBLIC LANDS, MARCH 1993        
------------------------------------------------------------------------
                                                     Recognized  Pending
                       States                          claims     claims
------------------------------------------------------------------------
Alaska.............................................          2        10
Arizona............................................        173        50
California.........................................         17        36
Colorado...........................................         53         8
Eastern States.....................................          1        10
Idaho..............................................         55         2
Montana............................................         12        11
Nebraska...........................................          2         0
Nevada.............................................        137         4
New Mexico.........................................        171         0
North Dakota.......................................          0         0
Oklahoma...........................................          0         0
Oregon.............................................        450         1
South Dakota.......................................          0         0
Utah...............................................         10     3,815
Washington.........................................         17         0
Wyoming............................................        353         0
                                                    --------------------
    Total..........................................      1,453     3,947
------------------------------------------------------------------------

  Mr. MURKOWSKI. I also want to assure my colleagues that such an 
effort to accommodate us is deeply appreciated, and I assure them as 
chairman of the Energy Committee I will hold hearings at the first 
opportunity on this matter to address the necessity of moving along 
under the stipulation for R.S. 2477 to the States that were affected, 
and that we do this in an expeditious manner. And the fact that we can 
have this input prior to the Department of Interior promulgating 
regulations is the interest that we share.
  The PRESIDING OFFICER. Is there further debate on the amendment?
  Mr. WARNER. Mr. President, I know of no further debate. I urge its 
adoption.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  So the amendment (No. 1467) was agreed to.
  Mr. STEVENS. Mr. President, I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. Under the previous order, the committee 
substitute, as amended, is agreed to. The bill is considered read the 
third time.
  The question is, Shall the bill pass?
  So the bill (S. 440), as amended, was passed, as follows:
                                 S. 440

       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.--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. Limitation on advance construction.
Sec. 108. Preventive maintenance.
Sec. 109. Eligibility of bond and other debt instrument financing for 
              reimbursement as construction expenses.
Sec. 110. Federal share for highways, bridges, and tunnels.
Sec. 111. Applicability of certain requirements to third party sellers.
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. Limitation of national maximum speed limit to certain 
              commercial motor vehicles.
Sec. 116. Federal share for bicycle transportation facilities and 
              pedestrian walkways.
Sec. 117. Suspension of management systems.
Sec. 118. Intelligent transportation systems.
Sec. 119. Donations of funds, materials, or services for federally 
              assisted activities.
Sec. 120. Metric conversion of traffic control signs.
Sec. 121. Identification of high priority corridors.
Sec. 122. Revision of authority for innovative project in Florida.
Sec. 123. Revision of authority for priority intermodal project in 
              California.
Sec. 124. National recreational trails funding program.
Sec. 125. Intermodal facility in New York.
Sec. 126. Clarification of eligibility.
Sec. 127. Bristol, Rhode Island, street marking.
Sec. 128. Public use of rest areas.
Sec. 129. Collection of tolls to finance certain environmental projects 
              in Florida.
Sec. 130. Hours of service of drivers of ground water well drilling 
              rigs.
Sec. 131. Rural access projects.
Sec. 132. Inclusion of high priority corridors.
Sec. 133. Sense of the Senate regarding the Federal-State funding 
              relationship for transportation.
Sec. 134. Quality through competition.
Sec. 135. Federal share for economic growth center development 
              highways.
Sec. 136. Vehicle weight and longer combination vehicles exemption for 
              Sioux City, Iowa.
Sec. 137. Revision of authority for congestion relief project in 
              California.
Sec. 138. Applicability of certain vehicle weight limitations in 
              Wisconsin.
Sec. 139. Prohibition on new highway demonstration projects.
Sec. 140. Treatment of Centennial Bridge, Rock Island, Illinois, 
              agreement.
Sec. 141. Moratorium on certain emissions testing requirements.
Sec. 142. Elimination of penalties for noncompliance with motorcycle 
              helmet use requirement.
Sec. 143. Clarification of Eligibility.
Sec. 144. Toll roads, bridges, tunnels, non-toll roads that have a 
              dedicated revenue source, and ferries.
Sec. 145. Transfer of funds between certain demonstration projects in 
              Louisiana.
Sec. 146. Northwest Arkansas regional airport connector. [[Page S 
              8926]] 
Sec. 147. Intercity rail infrastructure investment.
Sec. 148. Operation of motor vehicles by intoxicated minors.
Sec. 149. Contingent commitments.
Sec. 150. Availability of certain funds for Boston-to-Portland rail 
              corridor.
Sec. 151. Revision of authority of multiyear contracts.
Sec. 152. Feasibility study of evacuation routes for Louisiana coastal 
              areas.
Sec. 153. 34th Street corridor project in Moorhead, Minnesota.
Sec. 154. Safety belt use law requirements for New Hampshire and Maine.
Sec. 155. Report on accelerated vehicle retirement programs.
Sec. 156. Intercity rail infrastructure investment from Mass Transit 
              Account of Highway Trust Fund.
Sec. 157. Moratorium.

 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 III--FEDERAL HIGHWAY AND RAILROAD GRADE CROSSING SAFETY

Sec. 301. Short title.
Sec. 302. Intelligent vehicle-highway systems.
Sec. 303. State highway safety management systems.
Sec. 304. Violation of grade-crossing laws and regulations.
Sec. 305. Safety enforcement.
Sec. 306. Crossing elimination; statewide crossing freeze.
                      TITLE I--HIGHWAY PROVISIONS

     SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNATION.

       (a) In General.--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--
       ``(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.''.
       (b) Route Segments in Wyoming.--
       (1) In general.--The Secretary of Transportation 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 paragraphs (2) 
     and (3) of section 103(c) of title 23, United States Code (as 
     added by subsection (a)).
       (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.

     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 [[Page S 
     8927]] 
       ``(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. 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. 108. 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. 109. 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 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. 110. 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. 111. APPLICABILITY OF CERTAIN REQUIREMENTS TO THIRD 
                   PARTY SELLERS.

       Section 133(d) of title 23, United States Code, is amended 
     by adding at the end the following:
       ``(5) Applicability of certain requirements to third party 
     sellers.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), in the case of a transportation enhancement activity 
     funded from the allocation required under paragraph (2), if 
     real property or an interest in real property is to be 
     acquired from a qualified organization exclusively for 
     conservation purposes (as determined under section 170(h) of 
     the Internal Revenue Code of 1986), the organization shall be 
     considered to be the owner of the property for the purpose of 
     the Uniform Relocation Assistance and Real Property 
     Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
       ``(B) Federal approval prior to involvement of qualified 
     organization.--If Federal approval of the acquisition of the 
     real property or interest predates the involvement of a 
     qualified organization described in subparagraph (A) in the 
     acquisition of the property, the organization shall be 
     considered to be an acquiring agency or person as described 
     in section 24.101(a)(2) of title 49, Code of Federal 
     Regulations, for the purpose of the Uniform Relocation 
     Assistance and Real Property Acquisition Policies Act of 1970 
     (42 U.S.C. 4601 et seq.).
       ``(C) Acquisitions on behalf of recipients of federal 
     funds.--If a qualified organization described in subparagraph 
     (A) has contracted with a State highway administration or 
     other recipient of Federal funds to acquire the real property 
     or interest on behalf of the recipient, the organization 
     shall be considered to be an agent of the recipient for the 
     purpose of the Uniform Relocation Assistance and Real 
     Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et 
     seq.).''.

     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 [[Page S 8928]] 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 1994''; 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 1994'' 
     after ``monoxide''.
       (3) Orange street bridge, missoula, montana.--
     Notwithstanding section 149 of title 23, United States Code, 
     or any other 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 the section.
       (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''.
       (c) Effect of Limitation on Apportionment.--Notwithstanding 
     any other law, for each of fiscal years 1996 and 1997, any 
     limitation under this section or an amendment made by this 
     section on an apportionment otherwise authorized under 
     section 1003(a)(4) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 1919) 
     shall not affect any hold harmless apportionment adjustment 
     under section 1015(a) of the Act (Public Law 102-240; 105 
     Stat. 1943).
       (d) Traffic Monitoring, Management, and Control Facilities 
     and Programs.--The first sentence of section 149(b) of title 
     23, United States Code, is amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(4) to establish or operate a traffic monitoring, 
     management, and control facility or program if the Secretary, 
     after consultation with the Administrator of the 
     Environmental Protection Agency, determines that the facility 
     or program is likely to contribute to the attainment of a 
     national ambient air quality standard.''.

     SEC. 115. LIMITATION OF NATIONAL MAXIMUM SPEED LIMIT TO 
                   CERTAIN COMMERCIAL MOTOR VEHICLES.

       (a) In General.--Section 154 of title 23, United States 
     Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 154. National maximum speed limit for certain 
       commercial motor vehicles'';

       (2) in subsection (a)--
       (A) by inserting ``, with respect to motor vehicles'' 
     before ``(1)''; and
       (B) in paragraph (4), by striking ``motor vehicles using 
     it'' and inserting ``vehicles driven or drawn by mechanical 
     power manufactured primarily for use on public highways 
     (except any vehicle operated exclusively on a rail or rails) 
     using it'';
       (3) by striking subsection (b) and inserting the following:
       ``(b) Motor Vehicle.--In this section, the term `motor 
     vehicle' has the meaning provided for `commercial motor 
     vehicle' in section 31301(4) of title 49, United States Code, 
     except that the term does not include any vehicle operated 
     exclusively on a rail or rails.'';
       (4) in the first sentence of subsection (e), by striking 
     ``all vehicles'' and inserting ``all motor vehicles''; and
       (5) by redesignating subsection (i) as subsection (f).
       (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 
     and inserting the following:

``154. National maximum speed limit for certain commercial 
              motor vehicles.''.
       (2) 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.''.
       (3) Section 157(d) of title 23, United States Code, is 
     amended by striking ``154(f) or''.
       (4) 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. 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:
       ``(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. 118. INTELLIGENT TRANSPORTATION SYSTEMS.

       (a) Improved Collaboration in Intelligent Transportation 
     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 
     Transportation 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 transportation 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).''.
       (c) Conforming Amendments.--
       (1) The table in section 1107(b) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240; 
     105 Stat. 2048) is amended--
       (A) in item 10, by striking ``(IVHS)'' and inserting 
     ``(ITS)''; and
       (B) in item 29, by striking ``intelligent/vehicle highway 
     systems'' and inserting ``intelligent transportation 
     systems''.
       (2) Section 6009(a)(6) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240; 
     105 Stat. 2176) is amended by striking ``intelligent vehicle 
     highway systems'' and inserting ``intelligent transportation 
     systems''. [[Page S 8929]] 
       (3) Part B of title VI of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240; 23 
     U.S.C. 307 note) is amended--
       (A) by striking the part heading and inserting the 
     following:

            ``PART B--INTELLIGENT TRANSPORTATION SYSTEMS'';

       (B) in section 6051, by striking ``Intelligent Vehicle-
     Highway Systems'' and inserting ``Intelligent Transportation 
     Systems'';
       (C) by striking ``intelligent vehicle-highway systems'' 
     each place it appears and inserting ``intelligent 
     transportation systems'';
       (D) in section 6054--
       (i) in subsection (a)(2)(A), by striking ``intelligent 
     vehicle-highway'' and inserting ``intelligent transportation 
     systems''; and
       (ii) in the subsection heading of subsection (b), by 
     striking ``Intelligent Vehicle-Highway Systems'' and 
     inserting ``Intelligent Transportation Systems'';
       (E) in the subsection heading of section 6056(a), by 
     striking ``IVHS'' and inserting ``ITS'';
       (F) in the subsection heading of each of subsections (a) 
     and (b) of section 6058, by striking ``IVHS'' and inserting 
     ``ITS''; and
       (G) in the paragraph heading of section 6059(1), by 
     striking ``IVHS'' and inserting ``ITS''.
       (4) Section 310(c)(3) of the Department of Transportation 
     and Related Agencies Appropriations Act, 1995 (Public Law 
     103-331; 23 U.S.C. 104 note), is amended by striking 
     ``intelligent vehicle highway systems'' and inserting 
     ``intelligent transportation systems''.
       (5) Section 109(a) of the Hazardous Materials 
     Transportation Authorization Act of 1994 (Public Law 103-311; 
     23 U.S.C. 307 note) is amended--
       (A) by striking ``Intelligent Vehicle-Highway Systems'' 
     each place it appears and inserting ``Intelligent 
     Transportation Systems''; and
       (B) by striking ``intelligent vehicle-highway system'' and 
     inserting ``intelligent transportation system''.
       (6) Section 5316(d) of title 49, United States Code, is 
     amended--
       (A) in the subsection heading, by striking ``Intelligent 
     Vehicle-Highway'' and inserting ``Intelligent 
     Transportation''; and
       (B) by striking ``intelligent vehicle-highway'' each place 
     it appears and inserting ``intelligent transportation''.

     SEC. 119. 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. 120. METRIC CONVERSION OF TRAFFIC CONTROL SIGNS.

       (a) 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.
       (b) Upon receipt of a written notification by a State, 
     referring to its right to provide notification under this 
     subsection, the Secretary of Transportation shall waive, with 
     respect to such State, any requirement that such State use or 
     plan to use the metric system with respect to designing, 
     preparing plans, specifications and estimates, advertising, 
     or taking any other action with respect to Federal-aid 
     highway projects or activities utilizing funds authorized 
     pursuant to title 23, United States Code. Such waiver shall 
     remain effective for the State until the State notifies the 
     Secretary to the contrary: Provided, That a waiver granted by 
     the Secretary will be in effect until September 30, 2000.

     SEC. 121. 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, to termini at Detroit, 
     Michigan and Sault Ste. Marie, 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 transportation 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 States of North Carolina and South 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 1 
     near Rockingham;
       ``(ee) United States Route 1 to the South Carolina State 
     line; and
       ``(ff) South Carolina State line to Charleston, South 
     Carolina; 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;
       ``(dd) United States Route 311 to United States Route 220 
     in the vicinity of Randleman, North Carolina.
       ``(ee) United States Route 220 to United States Route 74 
     near Rockingham;
       ``(ff) United States Route 74 to United States Route 76 
     near Whiteville;
       ``(gg) United States Route 74/76 to the South Carolina 
     State line in Brunswick County; and
       ``(hh) South Carolina State line to Charleston, South 
     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.'';
       (2) in paragraph (18)--
       (A) by striking ``and''; and
       (B) by inserting before the period at the end the 
     following: ``, and to the Lower Rio Grande Valley at the 
     border between the United States and Mexico''; and
       (3) 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.
       ``(24) The Dalton Highway from Deadhorse, Alaska to 
     Fairbanks, Alaska.
       ``(25) State Route 168 (South Battlefield Boulevard), 
     Virginia, from the Great Bridge Bypass to the North Carolina 
     State line.''.

     SEC. 122. 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. 123. 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. 124. 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 [[Page S 
     8930]] 
       (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.
       ``(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.''.

     SEC. 125. 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. 126. 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. 127. 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. 128. 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. 129. 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 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. 130. 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.

     SEC. 131. RURAL ACCESS PROJECTS.

       Item 111 of the table in section 1106(a)(2) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 
     (Public Law 102-240; 105 Stat. 2042) is amended--
       (1) by striking ``Parker County'' and inserting ``Parker 
     and Tarrant Counties''; and
       (2) by striking ``to four-lane'' and inserting ``in Tarrant 
     County to freeway standards and in Parker County to a 4-
     lane''.

     SEC. 132. INCLUSION OF HIGH PRIORITY CORRIDORS.

       Section 1105(d) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (Pub. L. 102-240; 105 Stat. 2033) is 
     amended by adding at the end the following: ``The Secretary 
     of Transportation shall include High Priority Corridor 18 as 
     identified in section 1105(c) of this Act, as amended, on the 
     approved National Highway System after completion of the 
     feasibility study by the States as provided by such Act.''.

     SEC. 133. SENSE OF THE SENATE REGARDING THE FEDERAL-STATE 
                   FUNDING RELATIONSHIP FOR TRANSPORTATION.

       (a) Findings.--
       (1) The designation of high priority roads through the 
     National Highway System is required by the Intermodal Surface 
     Transportation Efficiency Act (ISTEA) and will ensure the 
     continuation of funding which would otherwise be withheld 
     from the States.
       (2) The Budget Resolution supported the re-evaluation of 
     all Federal programs to determine which programs are more 
     appropriately a responsibility of the States.
       (3) Debate on the appropriate role of the Federal 
     Government in transportation will occur in the re-
     authorization of ISTEA.
       (b) Sense of Senate.--Therefore, it is the sense of the 
     Senate that the designation of the NHS does not assume the 
     continuation or the elimination of the current Federal-State 
     relationship nor preclude a re-evaluation of the Federal-
     State relationship in transportation.

     SEC. 134. QUALITY THROUGH COMPETITION.

       (a) Contracting for Engineering and Design Services.--
     Section 112(b)(2) of title 23, United States Code, is amended 
     by adding at the end the following new subparagraphs:
       ``(C) Performance and audits.--Any contract or subcontract 
     awarded in accordance with subparagraph (A), whether funded 
     in whole or in part with Federal-aid highway funds, shall be 
     performed and audited in compliance with cost principles 
     contained in the Federal acquisition regulations of part 31 
     of title 48 of the Code of Federal Regulations.
       ``(D) Indirect cost rates.--In lieu of performing its own 
     audits, a recipient of funds under a contract or subcontract 
     awarded in accordance with subparagraph (A) shall accept 
     indirect cost rates established in accordance with the 
     Federal acquisition regulations for 1-year applicable 
     accounting periods by a cognizant Federal or State government 
     agency, if such rates are not currently under dispute. Once a 
     firm's indirect cost rates are accepted, the recipient of 
     such funds shall apply such rates for the purposes of 
     contract estimation, negotiation, administration, reporting, 
     and contract payment and shall not be limited by 
     administrative or de facto ceilings of any kind. A recipient 
     of such funds requesting or using the cost and rate data 
     described in this subparagraph shall notify any affected firm 
     before such request or use. Such data shall be confidential 
     and shall not be accessible or provided, in whole or in part, 
     to another firm or to any government agency which is not part 
     of the group of agencies sharing cost data under this 
     subparagraph, except by written permission of the audited 
     firm. If prohibited by law, such cost and rate data shall not 
     be disclosed under any circumstances.
       ``(E) Effective date/state option.--Subparagraphs (C) and 
     (D) shall take effect upon the date of enactment of this Act: 
     Provided [[Page S 8931]] however, That if a State, during the 
     first regular session of the State legislature convening 
     after the date of enactment of this Act, adopts by statute an 
     alternative process intended to promote engineering and 
     design quality, reduce life-cycle costs, and ensure maximum 
     competition by professional companies of all sizes providing 
     engineering and design services. Such subparagraphs shall not 
     apply in that State.''.

     SEC. 135. FEDERAL SHARE FOR ECONOMIC GROWTH CENTER 
                   DEVELOPMENT HIGHWAYS.

       Section 1021(c) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (Public Law 102-240) (as amended by 
     section 417 of the Department of Transportation and Related 
     Agencies Appropriations Act, 1993 (Public Law 102-388; 106 
     Stat. 1565)) is amended--
       (1) in paragraph (2), by striking ``and'' at the end and 
     inserting ``or''; and
       (2) in paragraph (3), by striking ``section 143 of title 
     23'' and inserting ``a project for the construction, 
     reconstruction, or improvement of a development highway on a 
     Federal-aid system, as described in section 103 of such title 
     (as in effect on the day before the date of enactment of this 
     Act) (other than the Interstate System), under section 143 of 
     such title''.

     SEC. 136. VEHICLE WEIGHT AND LONGER COMBINATION VEHICLES 
                   EXEMPTION FOR SIOUX CITY, IOWA.

       (a) Vehicle Weight Limitations.--The proviso in the second 
     sentence of section 127(a) of title 23, United States Code, 
     is amended by striking ``except for those'' and inserting the 
     following: ``except for vehicles using Interstate 29 between 
     Sioux City, Iowa, and the border between Iowa and South 
     Dakota and vehicles using Interstate Route 129 between Sioux 
     City, Iowa, and the border between Iowa and Nebraska, and 
     except for''.
       (b) Longer Combination Vehicles.--Section 127(d)(1) of 
     title 23, United States Code, is amended by adding at the end 
     the following:
       ``(F) Iowa.--In addition to vehicles that the State of Iowa 
     may continue to allow to be operated under subparagraph (A), 
     the State of Iowa may allow longer combination vehicles that 
     were not in actual operation on June 1, 1991, to be operated 
     on Interstate Route 29 between Sioux City, Iowa, and the 
     border between Iowa and South Dakota and Interstate 129 
     between Sioux City, Iowa, and the border between Iowa and 
     Nebraska.''.

     SEC. 137. REVISION OF AUTHORITY FOR CONGESTION RELIEF PROJECT 
                   IN CALIFORNIA.

       Item 1 of the table in section 1104(b) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (Public Law 
     102-240; 105 Stat. 2029) is amended by striking 
     ``Construction of HOV Lanes on I-710'' and inserting 
     ``Construction of automobile and truck separation lanes at 
     the southern terminus of I-710''.

     SEC. 138. APPLICABILITY OF CERTAIN VEHICLE WEIGHT LIMITATIONS 
                   IN WISCONSIN.

       Section 127 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(f) Operation of Certain Specialized Hauling Vehicles on 
     Certain Wisconsin Highways.--If the 104-mile portion of 
     Wisconsin State Route 78 and United States Route 51 between 
     Interstate Route 94 near Portage, Wisconsin, and Wisconsin 
     State Route 29 south of Wausau, Wisconsin, is designated as 
     part of the Interstate System under section 139(a), the 
     single axle weight, tandem axle weight, gross vehicle weight, 
     and bridge formula limits set forth in subsection (a) shall 
     not apply to the 104-mile portion with respect to the 
     operation of any vehicle that could legally operate on the 
     104-mile portion before the date of enactment of this 
     subsection.''.

     SEC. 139. PROHIBITION ON NEW HIGHWAY DEMONSTRATION PROJECTS.

       (a) In General.--Notwithstanding any other law, neither the 
     Secretary of Transportation nor any other officer or employee 
     of the United States may make funds available for obligation 
     to carry out any demonstration project described in 
     subsection (b) that has not been authorized, or for which no 
     funds have been made available, as of the date of enactment 
     of this Act.
       (b) Projects.--Subsection (a) applies to a demonstration 
     project or program that the Secretary of Transportation 
     determines--
       (1)(A) concerns a State-specific highway project or 
     research or development in a specific State; or
       (B) is otherwise comparable to a demonstration project or 
     project of national significance authorized under any of 
     sections 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (Public Law 102-240; 
     105 Stat. 2027); and
       (2) does not concern a federally owned highway.

     SEC. 140. 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, chapter 48), 
     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 the title.

     SEC. 141. MORATORIUM ON CERTAIN EMISSIONS TESTING 
                   REQUIREMENTS.

       (a) Moratorium.--
       (1) In general.--The Administrator of the Environmental 
     Protection Agency (referred to in this subsection as the 
     ``Administrator'') shall not require adoption or 
     implementation by a State of a test-only or I/M240 enhanced 
     vehicle inspection and maintenance program as a means of 
     compliance with section 182 of the Clean Air Act (42 U.S.C. 
     7511a), but the Administrator may approve such a program if a 
     State chooses to adopt the program as a means of compliance.
       (2) Repeal.--Paragraph (1) is repealed effective as of the 
     date that is 1 year after the date of enactment of this Act.
       (b) Plan Approval.--
       (1) In general.--The Administrator of the Environmental 
     Protection Agency (referred to in this subsection as the 
     ``Administrator'') shall not disapprove a State 
     implementation plan revision under section 182 of the Clean 
     Air Act (42 U.S.C. 7511a) on the basis of a regulation 
     providing for a 50-percent discount for alternative test-and-
     repair inspection and maintenance programs.
       (2) Credit.--If a State provides data for a proposed 
     inspection and maintenance system for which credits are 
     appropriate under section 182 of the Clean Air Act (42 U.S.C. 
     7511a), the Administrator shall allow the full amount of 
     credit for the system that is appropriate without regard to 
     any regulation that implements that section by requiring 
     centralized emissions testing.
       (3) Deadline.--The Administrator shall complete and present 
     a technical assessment of data for a proposed inspection and 
     maintenance system submitted by a State not later than 45 
     days after the date of submission.

     SEC. 142. ELIMINATION OF PENALTIES FOR NONCOMPLIANCE WITH 
                   MOTORCYCLE HELMET USE REQUIREMENT.

       Section 153(h) of title 23, United States Code, is amended 
     by striking ``a law described in subsection (a)(1) and'' each 
     place it appears.

     SEC. 143. CLARIFICATION OF ELIGIBILITY.

       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 funding under sections 130, 
     144, and 149 of title 23, United States Code.

     SEC. 144. TOLL ROADS, BRIDGES, TUNNELS, NON-TOLL ROADS THAT 
                   HAVE A DEDICATED REVENUE SOURCE, AND FERRIES.

       Section 129 of title 23, United States Code, is amended--
       (1) by revising the title to read as follows:

     ``Sec. 129. Toll roads, bridges, tunnels, non-toll roads that 
       have a dedicated revenue source, and ferries''; and

       (2) by revising paragraph 129(a)(7) to read as follows:
       ``(7) Loans.--
       ``(A) In general.--A State may loan an amount equal to all 
     or part of the Federal share of a toll project or a non-toll 
     project that has a dedicated revenue source, specifically 
     dedicated to such project or projects under this section, to 
     a public entity constructing or proposing to construct a toll 
     facility or non-toll facility with a dedicated revenue 
     source. Dedicated revenue sources for non-toll facilities 
     include: excise taxes, sales taxes, motor vehicle use fees, 
     tax on real property, tax increment financing, or such other 
     dedicated revenue source as the Secretary deems 
     appropriate.''.

     SEC. 145. TRANSFER OF FUNDS BETWEEN CERTAIN DEMONSTRATION 
                   PROJECTS IN LOUISIANA.

       Notwithstanding any other law, the funds available for 
     obligation to carry out the project in West Calcasieu Parish, 
     Louisiana, authorized by section 149(a)(87) of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987 
     (Public Law 100-17; 101 Stat. 194) shall be made available 
     for obligation to carry out the project for Lake Charles, 
     Louisiana, authorized by item 17 of the table in section 
     1106(a)(2) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2038).

     SEC. 146. NORTHWEST ARKANSAS REGIONAL AIRPORT CONNECTOR.

       Notwithstanding any other provision of law, the Federal 
     share for the intermodal connecter to the Northwest Arkansas 
     Regional Airport from U.S. Highway 71 in Arkansas shall be 95 
     percent.

     SEC. 147. INTERCITY RAIL INFRASTRUCTURE INVESTMENT.

       (a) Interstate Rail Compacts.--
       (1) Consent to compacts.--Congress grants consent to States 
     with an interest in a specific form, route, or corridor of 
     intercity passenger rail service (including high speed rail 
     service) to enter into interstate compacts to promote the 
     provision of the service, including--
       (A) retaining an existing service or commencing a new 
     service;
       (B) assembling rights-of-way; and
       (C) performing capital improvements, including--
       (i) the construction and rehabilitation of maintenance 
     facilities;
       (ii) the purchase of locomotives; and
       (iii) operational improvements, including communications, 
     signals, and other systems.
       (2) Financing.--An interstate compact established by States 
     under paragraph (1) may provide that, in order to carry out 
     the compact, the States may-- [[Page S 8932]] 
       (A) accept contributions from a unit of State or local 
     government or a person;
       (B) use any Federal or State funds made available for 
     intercity passenger rail service (except funds made available 
     for the National Railroad Passenger Corporation);
       (C) on such terms and conditions as the States consider 
     advisable--
       (i) borrow money on a short-term basis and issue notes for 
     the borrowing; and
       (ii) issue bonds; and
       (D) obtain financing by other means permitted under Federal 
     or State law.
       (b) Eligibility of Passenger Rail as Surface Transportation 
     Program Project.--Section 133(b) of title 23, United States 
     Code, is amended--
       (1) in paragraph (1), by inserting ``, railroads,'' after 
     ``highways)'';
       (2) in paragraph (2)--
       (A) by inserting ``, all eligible activities under section 
     5311 of title 49, United States Code,'' before ``and publicly 
     owned'';
       (B) by inserting ``or rail passenger'' after ``intercity 
     bus''; and
       (C) by inserting before the period at the end the 
     following: ``, including terminals and facilities owned by 
     the National Railroad Passenger Corporation''; and
       (3) in paragraph (6), by inserting ``, and for passenger 
     rail services,'' after ``programs''.
       (c) Eligibility of Passenger Rail Under Congestion 
     Mitigation and Air Quality Improvement Program.--The first 
     sentence of section 149(b) of title 23, United States Code, 
     is amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(4) if the project or program will have air quality 
     benefits through construction of and operational improvements 
     for intercity passenger rail facilities, operation of 
     intercity passenger rail trains, and acquisition of rolling 
     stock for intercity passenger rail service, except that not 
     more than 50 percent of the amount received by a State for a 
     fiscal year under this paragraph may be obligated for 
     operating support.''.

     SEC. 148. OPERATION OF MOTOR VEHICLES BY INTOXICATED MINORS.

       Section 158(a) of title 23, United States Code, is 
     amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Operation of motor vehicles by intoxicated minors.--
       ``(A) Fiscal year 1998.--If the condition described in 
     subparagraph (C) exists in a State as of October 1, 1998, the 
     Secretary shall withhold, on October 1, 1998, 5 percent of 
     the amount required to be apportioned to the State under each 
     of paragraphs (1), (2), (5), and (6) of section 104(b) for 
     fiscal year 1998.
       ``(B) Fiscal years thereafter.--If the condition described 
     in subparagraph (C) exists in a State as of October 1, 1999, 
     or any October 1 thereafter, the Secretary shall withhold, on 
     that October 1, 10 percent of the amount required to be 
     apportioned to the State under each of paragraphs (1), (2), 
     (5), and (6) of section 104(b) for the fiscal year beginning 
     on that October 1.
       ``(C) Condition.--The condition referred to in 
     subparagraphs (A) and (B) is that an individual under the age 
     of 21 who has a blood alcohol concentration of 0.02 percent 
     or greater when operating a motor vehicle in the State is not 
     considered to be driving while intoxicated or driving under 
     the influence of alcohol.''; and
       (2) in paragraph (2), by striking ``After the first year'' 
     and inserting ``Purchase and possession of alcoholic 
     beverages by minors''.

     SEC. 149. CONTINGENT COMMITMENTS.

       At the end of section 5309(g)(4) of title 49, United States 
     Code, add the following new sentence: ``The Secretary may 
     enter future obligations in excess of 50 percent of said 
     uncommitted cash balance for the purpose of contingent 
     commitments for projects authorized under section 3032 of 
     Public Law 102-240.''.

     SEC. 150. AVAILABILITY OF CERTAIN FUNDS FOR BOSTON-TO-
                   PORTLAND RAIL CORRIDOR.

       Section 5309 of title 49, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(p) Boston-To-Portland Rail Corridor.--Notwithstanding 
     any other provision of law, up to $3,600,000 of the funds 
     made available under this section for the rail corridor 
     between Boston, Massachusetts and Portland, Maine may be used 
     to pay for operating costs arising in connection with such 
     rail corridor under section 5333(b).''.

     SEC. 151. REVISION OF AUTHORITY OF MULTIYEAR CONTRACTS.

       Section 3035(ww) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2136) 
     is amended by adding at the end the following: ``Of the funds 
     provided by this subsection, $100,000,000 is authorized to be 
     appropriated for regionally significant ground transportation 
     projects in the State of Hawaii.''.

     SEC. 152. FEASIBILITY STUDY OF EVACUATION ROUTES FOR 
                   LOUISIANA COASTAL AREAS.

       Notwithstanding any other provisions of law, section 
     1105(e)(2) of Public Law 102-240 is amended by adding at the 
     end the following new sentence: ``A feasibility study may be 
     conducted under this subsection to identify routes that will 
     expedite future emergency evacuations of coastal areas of 
     Louisiana.''.

     SEC. 153. 34TH STREET CORRIDOR PROJECT IN MOORHEAD, 
                   MINNESOTA.

       Section 149(a)(5)(A) of the Surface Transportation and 
     Uniform Relocation Assistance Act of 1987 (Public Law 100-17; 
     101 Stat. 181) is amended--
       (1) in clause (i), by striking ``and'' at the end; and
       (2) by inserting ``and (iii) a safety overpass,'' after 
     ``interchange,''.

     SEC. 154. SAFETY BELT USE LAW REQUIREMENTS FOR NEW HAMPSHIRE 
                   AND MAINE.

       The State of New Hampshire and the State of Maine shall be 
     deemed as having met the safety belt use law requirements of 
     section 153 of title 23, United States Code, upon 
     certification by the Secretary of Transportation that the 
     State has achieved--
       (1) a safety belt use rate in each of fiscal years ending 
     September 30, 1995 and September 30, 1996, of not less than 
     50 percent; and
       (2) a safety belt use rate in each succeeding fiscal year 
     thereafter of not less than the national average safety belt 
     use rate, as determined by the Secretary of Transportation.

     SEC. 155. REPORT ON ACCELERATED VEHICLE RETIREMENT PROGRAMS.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator of the Environmental Protection Agency 
     shall transmit to Congress a report evaluating the 
     effectiveness of all accelerated vehicle retirement programs 
     described in section 108(f)(1)(A)(xvi) of the Clean Air Act 
     (42 U.S.C. 7408(f)(1)(A)(xvi)) in existence on the date of 
     enactment of this Act. The report shall evaluate--
       (1) the certainties of emissions reductions gained from 
     each program;
       (2) the variability of emissions of retired vehicles;
       (3) the reduction in the number of vehicle miles traveled 
     by the vehicles retired as a result of each program;
       (4) the subsequent actions of vehicle owners participating 
     in each program concerning the purchase of a new or used 
     vehicle or the use of such a vehicle;
       (5) the length of the credit given to a purchaser of a 
     retired vehicle under each program;
       (6) equity impacts of the programs on the used car market 
     for buyers and sellers; and
       (7) such other factors as the Administrator determines 
     appropriate.

     SEC. 156. INTERCITY RAIL INFRASTRUCTURE INVESTMENT FROM MASS 
                   TRANSIT ACCOUNT OF HIGHWAY TRUST FUND.

       Section 5323 of title 49, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(m) Intercity Rail Infrastructure Investment.--Any 
     assistance provided to a State that does not have Amtrak 
     service as of date of enactment of this Act from the Mass 
     Transit Account of the Highway Trust Fund may be used for 
     capital improvements to, and operating support for, intercity 
     passenger rail service.''.

     SEC. 157. MORATORIUM.

       (a) 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 Revised 
     Statutes 2477 (43 U.S.C. 932), as such law was in effect 
     prior to October 21, 1976.
       (b) Sunset.--This section shall cease to have any force or 
     effect after December 1, 1995.
 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 [[Page S 8933]] 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 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 [[Page S 
     8934]] 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; 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 described in section 
     208;
       (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--
       (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.
     TITLE III--FEDERAL HIGHWAY AND RAILROAD GRADE CROSSING SAFETY

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Federal Highway and 
     Railroad Grade Crossing Safety Act of 1995''.

     SEC. 302. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

       In implementing the Intelligent Vehicle-Highway Systems Act 
     of 1991 (23 U.S.C. 307 note), the Secretary of Transportation 
     shall ensure that the National Intelligent Vehicle-Highway 
     Systems Program addresses, in a comprehensive and coordinated 
     manner, the use of intelligent vehicle-highway technologies 
     to promote safety at railroad-highway grade crossings. The 
     Secretary of Transportation shall ensure that two or more 
     operational tests funded under such Act shall promote highway 
     traffic safety and railroad safety.

     SEC. 303. STATE HIGHWAY SAFETY MANAGEMENT SYSTEMS.

       (a) Amendment of Regulations.--The Secretary of 
     Transportation shall conduct a rulemaking proceeding to amend 
     the regulations under section 500.407 of title 23, Code of 
     Federal Regulations, to require that each highway safety 
     management system developed, established, and implemented by 
     a State shall, among countermeasures and priorities 
     established under subsection (b)(2) of that section--
       (1) include public railroad-highway grade-crossing closure 
     plans that are aimed at eliminating high-risk or redundant 
     crossings (as defined by the Secretary);
       (2) include railroad-highway grade-crossing policies that 
     limit the creation of new at-grade crossings for vehicle or 
     pedestrian traffic, recreational use, or any other purpose; 
     and
       (3) include plans for State policies, programs, and 
     resources to further reduce death and injury at high-risk 
     railroad-highway grade crossings.
       (b) Deadline.--The Secretary of Transportation shall 
     complete the rulemaking proceeding described in subsection 
     (a) and prescribe the required amended regulations, not later 
     than one year after the date of enactment of this Act.

     SEC. 304. VIOLATION OF GRADE-CROSSING LAWS AND REGULATIONS.

       (a) Federal Regulations.--Section 31311 of title 49, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(h) Grade-Crossing Violations.--
       ``(1) Sanctions.--The Secretary shall issue regulations 
     establishing sanctions and penalties relating to violations, 
     by persons operating commercial motor vehicles, of laws and 
     regulations pertaining to railroad-highway grade crossings.
       ``(2) Minimum requirements.--Regulations issued under 
     paragraph (1) shall, at a minimum, require that-- [[Page S 
     8935]] 
       ``(A) the penalty for a single violation shall not be less 
     than a 60-day disqualification of the driver's commercial 
     driver's license; and
       ``(B) any employer that knowingly allows, permits, 
     authorizes, or requires an employee to operate a commercial 
     motor vehicle in violation of such a law or regulation shall 
     be subject to a civil penalty of not more than $10,000.''.
       (b) Deadline.--The initial regulations required under 
     section 31310(h) of title 49, United States Code, shall be 
     issued not later than one year after the date of enactment of 
     this Act.
       (c) State Regulations.--Section 31311(a) of title 49, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(18) Grade-crossing regulations.--The State shall adopt 
     and enforce regulations prescribed by the Secretary under 
     section 31310(h) of this title.''.

     SEC. 305. SAFETY ENFORCEMENT.

       (a) Cooperation Between Federal and State Agencies.--The 
     National Highway Traffic Safety Administration, and the 
     Office of Motor Carriers within the Federal Highway 
     Administration, shall on a continuing basis cooperate and 
     work 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.
       (b) Report.--The Secretary of Transportation shall submit a 
     report to Congress by January 1, 1996, indicating (1) how the 
     Department worked with the above mentioned entities 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 
     (2) how resources are being allocated to better address these 
     challenges and enforce such regulations.

     SEC. 306. CROSSING ELIMINATION; STATEWIDE CROSSING FREEZE.

       (a) Statement of Policy.--
       (1) 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--
       (A) to eliminate redundant and high risk railroad-highway 
     grade crossings; and
       (B) to limit the creation of new crossings to the minimum 
     necessary to provide for the reasonable mobility of the 
     American people and their property, including emergency 
     access.
       (2) Elimination of redundant and high-risk railroad-highway 
     grade crossings is necessary to permit optimum use of 
     available funds to improve the safety of remaining crossings, 
     including funds provided under Federal law.
       (3) Effective programs to reduce the number of unneeded 
     railroad-highway grade crossings, and to close those 
     crossings that cannot be made reasonably safe (due to reasons 
     of topography, angles of intersection, etc.), require the 
     partnership of Federal, State, and local officials and 
     agencies, and affected railroads.
       (4) Promotion of a balanced national transportation system 
     requires that highway planning specifically take into 
     consideration the interface between highways and the national 
     railroad system.
       (b) Partnership and Oversight.--The Secretary shall foster 
     a partnership among Federal, State, and local transportation 
     officials and agencies to reduce the number of railroad-
     highway grade crossings and to improve safety at remaining 
     crossings. The Secretary shall make provisions for periodic 
     review to ensure that each State (including State 
     subdivisions and local governments) is making substantial, 
     continued progress toward achievement of the purposes of this 
     section.
       (c) Crossing Freeze.--If, upon review, and after 
     opportunity for a hearing, the Secretary determines that a 
     State or political subdivision thereof has failed to make 
     substantial, continued progress toward achievement of the 
     purposes of this section, then the Secretary shall impose a 
     limit on the maximum number of public railroad-highway grade 
     crossings in that State. The limitation imposed by the 
     Secretary under this subsection shall remain in effect until 
     the State demonstrates compliance with the requirements of 
     this section. In addition, the Secretary may, for a period of 
     not more than 3 years after such a determination, require 
     compliance with specific numeric targets for net reductions 
     in the number of railroad-highway grade crossings (including 
     specification of hazard categories with which such crossings 
     are associated).
       (d) Regulations.--The Secretary shall issue such 
     regulations as may be necessary to carry out this section.

  Mr. CHAFEE. Mr. President, I move to reconsider the vote.
  Mr. WARNER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

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