[Congressional Record Volume 141, Number 181 (Wednesday, November 15, 1995)]
[House]
[Pages H12459-H12490]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON S. 440, NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 
                                  1995

  Mr. SHUSTER submitted the following conference report and statement 
on the Senate bill (S. 440) to amend title 23, United States Code, to 
provide for the designation of the National Highway System, and for 
other purposes.

                  Conference Report (H. Rept. 104-345)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendments of the House to the bill (S. 
     440), 

[[Page H12460]]
     to amend title 23, United States Code, to provide for the designation 
     of the National Highway System, and for other purposes, 
     having met, after full and free conference, have agreed to 
     recommend and do recommend to their respective Houses as 
     follows:
       That the Senate recede from its disagreement to the 
     amendment of the House to the text of the bill and agree to 
     the same with an amendment as follows:
       In lieu of the matter proposed to be inserted by the House 
     amendment, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``National 
     Highway System Designation Act of 1995''.
       (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.

                    TITLE I--NATIONAL HIGHWAY SYSTEM

Sec. 101. National highway system designation.

              TITLE II--TRANSPORTATION FUNDING FLEXIBILITY

Sec. 201. Findings and purposes.
Sec. 202. Funding restoration.
Sec. 203. Rescissions.
Sec. 204. State unobligated balance flexibility.
Sec. 205. Relief from mandates.
Sec. 206. Definitions.

              TITLE III--MISCELLANEOUS HIGHWAY PROVISIONS

Sec. 301. Traffic monitoring, management, and control on NHS.
Sec. 302. Transferability of apportionments.
Sec. 303. Quality improvement.
Sec. 304. Design criteria for the national highway system.
Sec. 305. Applicability of transportation conformity requirements.
Sec. 306. Motorist call boxes.
Sec. 307. Quality through competition.
Sec. 308. Limitation on advance construction.
Sec. 309. Preventive maintenance.
Sec. 310. Federal share.
Sec. 311. Eligibility of bond and other debt instrument financing for 
              reimbursement as construction expenses.
Sec. 312. Vehicle weight and longer combination vehicles exemptions.
Sec. 313. Toll roads.
Sec. 314. Scenic byways.
Sec. 315. Applicability of certain requirements to third party sellers.
Sec. 316. Streamlining for transportation enhancement projects.
Sec. 317. Metropolitan planning for highway projects.
Sec. 318. Non-Federal share for certain toll bridge projects.
Sec. 319. Congestion mitigation and air quality improvement program.
Sec. 320. Operation of motor vehicles by intoxicated minors.
Sec. 321. Utilization of the private sector for surveying and mapping 
              services.
Sec. 322. Donations of funds, materials, or services for federally 
              assisted projects.
Sec. 323. Discovery and admission as evidence of certain reports and 
              surveys.
Sec. 324. Alcohol-impaired driving countermeasures.
Sec. 325. References to Committee on Transportation and Infrastructure.
Sec. 326. Public transit vehicles exemption.
Sec. 327. Use of recycled paving material.
Sec. 328. Roadside barrier technology.
Sec. 329. Corrections to miscellaneous authorizations.
Sec. 330. Corrections to high cost bridge projects.
Sec. 331. Corrections to congestion relief projects.
Sec. 332. High priority corridors.
Sec. 333. Corrections to rural access projects.
Sec. 334. Corrections to urban access and mobility projects.
Sec. 335. Corrections to innovative projects.
Sec. 336. Corrections to intermodal projects.
Sec. 337. National recreational trails.
Sec. 338. Intelligent transportation systems.
Sec. 339. Eligibility.
Sec. 340. Miscellaneous corrections to Surface Transportation and 
              Uniform Relocation Assistance Act of 1987.
Sec. 341. Accessibility of over-the-road buses to individuals with 
              disabilities.
Sec. 342. Alcohol and controlled substances testing.
Sec. 343. National driver register.
Sec. 344. Commercial motor vehicle safety pilot program.
Sec. 345. Exemptions from requirements relating to commercial motor 
              vehicles and their operators.
Sec. 346. Winter home heating oil delivery State flexibility program.
Sec. 347. Safety report.
Sec. 348. Moratorium on certain emissions testing requirements.
Sec. 349. Roads on Federal lands.
Sec. 350. State infrastructure bank pilot program.
Sec. 351. Railroad-highway grade crossing safety.
Sec. 352. Collection of bridge tolls.
Sec. 353. Traffic control.
Sec. 354. Public use of rest areas.
Sec. 355. Safety belt use law requirements for New Hampshire and Maine.
Sec. 356. Orange County, California, toll roads.
Sec. 357. Compilation of title 23, United States Code.
Sec. 358. Safety research initiatives.
Sec. 359. Miscellaneous studies.

                TITLE IV--WOODROW WILSON MEMORIAL BRIDGE

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Purposes.
Sec. 404. Definitions.
Sec. 405. Establishment of authority.
Sec. 406. Government of authority.
Sec. 407. Ownership of bridge.
Sec. 408. Project planning.
Sec. 409. Additional powers and responsibilities of authority.
Sec. 410. Funding.
Sec. 411. Availability of prior authorizations.

     SEC. 2. SECRETARY DEFINED.

       In this Act, the term ``Secretary'' means the Secretary of 
     Transportation.
                    TITLE I--NATIONAL HIGHWAY SYSTEM

     SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNATION.

       (a) In General.--Section 103(b) of title 23, United States 
     Code, is amended by adding at the end the following:
       ``(5) Designation of nhs.--The National Highway System as 
     submitted by the Secretary of Transportation on the map 
     entitled `Official Submission, National Highway System, 
     Federal Highway Administration', and dated November 13, 1995, 
     is hereby designated within the United States, including the 
     District of Columbia and the Commonwealth of Puerto Rico.
       ``(6) Modifications to nhs.--
       ``(A) In general.--Subject to paragraph (7), the Secretary 
     may make modifications to the National Highway System that 
     are proposed by a State or that are proposed by the State and 
     revised by the Secretary if the Secretary determines that 
     each of the modifications--
       ``(i) meets the criteria established for the National 
     Highway System under this title; and
       ``(ii) enhances the national transportation characteristics 
     of the National Highway System.
       ``(B) Cooperation.--In proposing modifications under this 
     paragraph, a State shall cooperate with local and regional 
     officials. In urbanized areas, the local officials shall act 
     through the metropolitan planning organizations designated 
     for such areas under section 134.
       ``(7) Transitional rules for intermodal connectors.--
       ``(A) Required submission.--Not later than 180 days after 
     the date of the enactment of the National Highway System 
     Designation Act of 1995, the Secretary shall submit for 
     approval to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives modifications 
     to the National Highway System that are proposed by a State 
     or that are proposed by the State and revised by the 
     Secretary and that consist of connectors to major ports, 
     airports, international border crossings, public 
     transportation and transit facilities, interstate bus 
     terminals, and rail and other intermodal transportation 
     facilities.
       ``(B) Cooperation.--Paragraph (6)(B) shall apply to 
     modifications proposed by a State under this paragraph.
       ``(C) Eligibility.--
       ``(i) Initial approval by law.--Modifications proposed 
     under subparagraph (A) may take effect only if a law has been 
     enacted approving such modifications.
       ``(ii) Interim eligibility.--Notwithstanding clause (i), a 
     project to construct a connector to an intermodal 
     transportation facility described in subparagraph (A) shall 
     be eligible for funds apportioned under section 104(b)(1) for 
     the National Highway System if the Secretary finds that the 
     project is consistent with criteria developed by the 
     Secretary for construction of such connectors.
       ``(iii) Period of eligibility.--A project which is eligible 
     under clause (ii) for funds apportioned under section 
     104(b)(1) shall remain eligible for such funds pursuant to 
     clause (ii) only until the date of the enactment of a law 
     described in clause (i).
       ``(D) Modifications after initial approval.--After the date 
     of the enactment of a law described in subparagraph (C)(i), a 
     modification consisting of a connector to an intermodal 
     transportation facility described in subparagraph (A) may be 
     made in accordance with paragraph (6).
       ``(8) Congressional high priority corridors.--Upon the 
     completion of feasibility studies, the Secretary shall add to 
     the National Highway System any congressional high priority 
     corridor or any segment thereof established by section 1105 
     of the Intermodal Surface Transportation Efficiency Act of 
     1991 (105 Stat. 2031-2037) which was not identified on the 
     National Highway System designated by paragraph (5).''.
       (b) Conforming Amendments.--Section 103(b)(3) of such title 
     is amended--
       (1) in subparagraph (C) by striking ``For purposes of 
     proposing highways for designation to the National Highway 
     System, the'' and inserting ``The''; and
       (2) in subparagraph (D)--
       (A) by striking ``In proposing highways for designation to 
     the National Highway System, the'' and inserting ``The''; and
       (B) by inserting after ``mileage'' the following: ``on the 
     National Highway System''.
     
[[Page H12461]]

              TITLE II--TRANSPORTATION FUNDING FLEXIBILITY

     SEC. 201. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds and declares that--
       (1) Federal infrastructure spending on transportation is 
     critical to the efficient movement of goods and people in the 
     United States;
       (2) section 1003(c) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 1921) has 
     been estimated to result in fiscal year 1996 transportation 
     spending being reduced by as much as $2,700,000,000;
       (3) such section 1003(c) will result in a reduction of 
     critical funds to States from the Highway Trust Fund; and
       (4) the funding reduction will have adverse effects on the 
     national economy and the predictability of funding for the 
     Nation's highway system and impede interstate commerce.
       (b) Purposes.--The purposes of this title are--
       (1) to make the program categories in the Federal-aid 
     highway program more flexible so that States may fund high-
     priority projects in fiscal year 1996;
       (2) to reallocate funds from certain programs during fiscal 
     year 1996 so that the States will be able to continue their 
     core transportation infrastructure programs;
       (3) to ensure the equitable distribution of funds to 
     urbanized areas with a population over 200,000 in a manner 
     consistent with the Intermodal Surface Transportation 
     Efficiency Act of 1991; and
       (4) to suspend certain penalties that would be imposed on 
     the States.

     SEC. 202. FUNDING RESTORATION.

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

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

       (c) Effect of Allocations.--Funds distributed to States 
     under subsection (b) shall not affect calculations to 
     determine allocations to States under section 157 of title 
     23, United States Code, and sections 1013(c), 1015(a), and 
     1015(b) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 104 note).
       (d) Applicability of Chapter 1  of Title 23.--
     Notwithstanding any other provision of law, funds made 
     available to carry out this section shall be available for 
     obligation in the same manner as if such funds were 
     apportioned under chapter 1 of title 23, United States Code. 
     Such funds shall be available for obligation for the fiscal 
     year for which such amounts are made available plus the 3 
     succeeding fiscal years. Obligation limitations for Federal-
     aid highways and highway safety construction programs 
     established by the Intermodal Surface Transportation 
     Efficiency Act of 1991 and subsequent laws shall apply to 
     obligations made under this section.
       (e) Special Rule for Urbanized Areas of Over 200,000.--
       (1) General rule.--The amount determined by application of 
     the percentage determined under paragraph (2) to funds 
     allocated to a State under this section for a fiscal year 
     shall be obligated in urbanized areas of the State with an 
     urbanized population of over 200,000 under section 133(d)(3) 
     of title 23, United States Code.
       (2) Percentage.--The percentage referred to in paragraph 
     (1) is the percentage determined by dividing--
       (A) the total amount of the reduction in funds that would 
     have been attributed under section 133(d)(3) of title 23, 
     United States Code, to urbanized areas of the State with an 
     urbanized population of over 200,000 for fiscal year 1996 as 
     a result of the application of section 1003(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (105 
     Stat. 1921); by
       (B) the total amount of the reduction in authorized funds 
     for fiscal year 1996 that would have been allocated to the 
     State, and that would have been apportioned to the State, as 
     a result of the application of such section 1003(c).
       (f) Limitation on Planning Expenditures.--One-half of 1 
     percent of amounts allocated to each State under this section 
     in any fiscal year may be available for expenditure for the 
     purpose of carrying out the requirements of section 134 of 
     title 23, United States Code (relating to transportation 
     planning). One and \1/2\ percent of the amounts allocated to 
     each State under this section in any fiscal year may be 
     available for expenditure for the purpose of carrying out 
     activities referred to in section 307(c) of such title.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated, out of the Highway Trust Fund (other than 
     the Mass Transit Account), to carry out this section 
     $266,522,436 for fiscal year 1996 and $155,000,000 for fiscal 
     year 1997. Such funds shall not be subject to an 
     administrative deduction under section 104(a) of title 23, 
     United States Code.
       (h) Territories Defined.--In this section, the term 
     ``territories'' means the Virgin Islands, Guam, American 
     Samoa, and the Commonwealth of the Northern Mariana Islands.

     SEC. 203. RESCISSIONS.

       (a) Rescissions.--Effective on the date of the enactment of 
     this Act and after any necessary reductions are made under 
     section 1003(c) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 1921), the following 
     unobligated balances available on such date of enactment, of 
     funds made available for the following provisions are hereby 
     rescinded:
       (1) $78,994 made available by section 131(c) of the Surface 
     Transportation Assistance Act of 1982 (96 Stat. 2120).
       (2) $798,701 made available by section 131(j) of the 
     Surface Transportation Assistance Act of 1982 (96 Stat. 
     2123).
       (3) $942,249 made available by section 149(a)(66) of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987 (101 Stat. 185).
       (4) $52,834 made available by section 149(a)(95) of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987 (101 Stat. 195).
       (5) $909,131 made available by section 149(a)(99) of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987 (101 Stat. 195).
       (6) $797,800 made available by section 149(a)(100) of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987 (101 Stat. 195).
       (7) $2 made available by section 149(c)(3) of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987 
     (101 Stat. 201).
       (8) $24,706,878 made available by section 1012(b)(6) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (105 
     Stat. 1938).
       (9) $15,401,107 made available by section 1003(a)(7) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (105 
     Stat. 1919).
       (10) $113,834,740, or such greater amount as may be 
     necessary to ensure that the aggregate of amounts rescinded 
     by this subsection and amounts reduced by the amendments made 
     by subsection (b) is equal to the amount authorized to be 
     appropriated by section 202(g) for fiscal year 1996, deducted 
     by the Secretary under section 104(a) of title 23, United 
     States Code.
       (b) Reductions in Authorized Amounts.--
       (1) Magnetic levitation.--Section 1036(d)(1) of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (105 
     Stat. 1986) is amended--
       (A) in subparagraph (A) by inserting ``and'' after 
     ``1994,'';
       (B) in subparagraph (A) by striking ``, $125,000,000'' and 
     all that follows through ``1997''; and
       (C) in subparagraph (B) by striking ``1996, and 1997'' and 
     inserting ``and 1996''.
       (2) Highway safety programs.--Section 2005(1) of such Act 
     (105 Stat. 2079) is amended--
       (A) by striking ``and'' the first place it appears and 
     inserting a comma; and
       (B) by striking ``1996, and 1997'' and inserting ``and 
     1996, and $146,000,000 for fiscal year 1997''.
       (3) Effective date.--The amendments made by paragraphs (1) 
     and (2) shall take effect on the later of the date of the 
     enactment of this Act or as soon as possible after the date 
     on which authorized funds for fiscal 

[[Page H12462]]
     year 1996 are reduced as a result of application of section 1003(c) of 
     such Act.
       (c) Congestion Pricing Pilot Program Transfers.--After the 
     date on which authorized funds for fiscal year 1996 are 
     reduced as a result of application of section 1003(c) of the 
     Intermodal Surface Transportation Efficiency Act of 1991, the 
     amounts made available for fiscal years 1996 and 1997 to 
     carry out section 1012(b) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 1938) shall 
     be available to carry out projects under section 202 of this 
     Act.

     SEC. 204. STATE UNOBLIGATED BALANCE FLEXIBILITY.

       (a) Reduction in Federal Funding.--
       (1) Notification of states.--On the date of the enactment 
     of this Act, or as soon as possible thereafter, the Secretary 
     shall notify each State of the total amount of the reduction 
     in authorized funds for fiscal year 1996 that would have been 
     allocated to such State, and that would have been apportioned 
     to such State, as a result of application of section 1003(c) 
     of the Intermodal Surface Transportation Efficiency Act of 
     1991.
       (2) Exclusion of certain funding.--In determining the 
     amount of any reduction under paragraph (1), the Secretary 
     shall deduct the amount allocated to each State in fiscal 
     year 1996 to carry out projects under section 202 of this 
     Act.
       (b) Unobligated Balance Flexibility.--Upon request of a 
     State, the Secretary shall make available to carry out 
     projects eligible for assistance under chapter 1 of title 23, 
     United States Code, in fiscal year 1996 an amount not to 
     exceed the amount determined under subsection (a) for the 
     State. Such funds shall be made available from authorized 
     funds that were allocated or apportioned to such State and 
     were not obligated as of September 30, 1995. The State shall 
     designate on or before the 30th day following the date of the 
     enactment of this Act, or as soon as possible thereafter, 
     which of such authorized funds are to be made available under 
     this section to carry out such projects. The Secretary shall 
     make available, before the 45th day following such date of 
     enactment or as soon as possible thereafter, funds designated 
     under the preceding sentence to the State.
       (c) Special Rules.--
       (1) Urbanized areas of over 200,000.--Funds that were 
     apportioned to the State under section 104(b)(3) of title 23, 
     United States Code, and attributed to urbanized areas of a 
     State with an urbanized population of over 200,000 under 
     section 133(d)(3) of such title may be designated by the 
     State under subsection (b) only if the metropolitan planning 
     organization designated for such area concurs, in writing, 
     with such designation.
       (2) Congestion mitigation and air quality and surface 
     transportation program transportation enhancement activities 
     balances.--
       (A) In general.--Except as provided in subparagraph (B), 
     States may not designate under subsection (b) CMAQ and STP 
     transportation enhancement funds.
       (B) Exception for insufficient funding availability.--If 
     the Secretary determines--
       (i) that there is not sufficient funding available to pay 
     the Federal share of the cost of a project in fiscal year 
     1996 from funds apportioned or allocated to a State under 
     title 23, United States Code, and title I of the Intermodal 
     Surface Transportation Efficiency Act of 1991 and available 
     for carrying out projects of the same category as such 
     project, and
       (ii) that the State has utilized all flexibility and 
     transferability available to it under title 23, United States 
     Code, and this section with respect to such project,
     the State may designate in fiscal year 1996 under subsection 
     (b) CMAQ and STP transportation enhancement funds apportioned 
     or allocated to the State and not obligated as of the date of 
     the enactment of this Act to carry out such project.
       (C) CMAQ and stp transportation enhancement funds 
     defined.--In this paragraph, the term ``CMAQ and STP 
     transportation enhancement funds'' means--
       (i) funds apportioned under section 104(b)(2) of title 23, 
     United States Code; and
       (ii) funds apportioned under section 104(b)(3) of such 
     title and available only for transportation enhancement 
     activities under section 133(d)(3) of such title.
       (3) Interstate construction balances.--A State may not 
     designate under subsection (b) more than \1/3\ of funds 
     apportioned or allocated to the State for Interstate 
     construction and not obligated as of the date of the 
     enactment of this Act.
       (d) Applicability of Chapter 1 of Title 23.--
     Notwithstanding any other provision of law, amounts 
     designated under subsection (b) shall be made available for 
     obligation in the same manner as if such funds were 
     apportioned under chapter 1 of title 23, United States Code. 
     Such amounts shall be available for obligation for the same 
     period for which such amounts were originally made available 
     for obligation. Obligation limitations for Federal-aid 
     highways and highway safety construction programs established 
     by the Intermodal Surface Transportation Efficiency Act of 
     1991 and subsequent laws shall apply to obligations made 
     under this section.
       (e) Limitation on Statutory Construction.--Nothing in this 
     section shall be construed to affect calculations under 
     section 157 of title 23, United States Code, and sections 
     1002(e), 1013(c), 1015(a), and 1015(b) of the Intermodal 
     Surface Transportation Efficiency Act of 1991.
       (f) State.--In this section and section 202, the term 
     ``State'' has the meaning such term has under section 401 of 
     title 23, United States Code.

     SEC. 205. RELIEF FROM MANDATES.

       (a) 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 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'';
       (B) by moving the remainder of the text of paragraph (1), 
     as designated by subparagraph (A) of this paragraph, 2 ems to 
     the right; and
       (C) by adding at the end the following:
       ``(2) Report on implementation.--Not later than October 1, 
     1996, the Comptroller General, in consultation with States, 
     shall transmit to Congress a report on the management systems 
     under this section, including recommendations as to whether, 
     to what extent, and how the management systems should be 
     implemented.''.
       (b) Asphalt Pavement Containing Recycled Rubber.--Section 
     1038 of the Intermodal Surface Transportation Efficiency Act 
     of 1991 (23 U.S.C. 109 note; 105 Stat. 1987-1990) is amended 
     by striking subsection (d).
       (c) Metric Requirements.--
       (1) Placement and modification of signs.--The Secretary 
     shall not require the States to expend any Federal or State 
     funds to construct, erect, or otherwise place or to modify 
     any sign relating to a speed limit, distance, or other 
     measurement on a highway for the purpose of having such sign 
     establish such speed limit, distance, or other measurement 
     using the metric system.
       (2) Other actions.--Before September 30, 2000, the 
     Secretary shall not require that any State use or plan to use 
     the metric system with respect to designing or advertising, 
     or preparing plans, specifications, estimates, or other 
     documents, for a Federal-aid highway project eligible for 
     assistance under title 23, United States Code.
       (3) Definitions.--In this subsection, the following 
     definitions apply:
       (A) Highway.--The term ``highway'' has the meaning such 
     term has under section 101 of title 23, United States Code.
       (B) Metric system.--The term ``metric system'' has the 
     meaning the term ``metric system of measurement'' has under 
     section 4 of the Metric Conversion Act of 1975 (15 U.S.C. 
     205c).
       (d) Repeal of National Maximum Speed Limit Compliance 
     Program.--
       (1) In general.--Title 23, United States Code, is amended--
       (A) in section 141 by striking subsection (a) and 
     redesignating subsections (b) through (d) as subsections (a) 
     through (c), respectively; and
       (B) by striking section 154.
       (2) Conforming amendment.--The analysis to chapter 1 of 
     such title is amended by striking the item relating to 
     section 154.
       (3) Applicability.--The amendments made by paragraph (1) 
     shall be applicable to a State on the 10th day following the 
     date of the enactment of this Act; except that if the 
     legislature of a State is not in session on such date of 
     enactment and the chief executive officer of the State 
     declares, before such 10th day, that the legislature is not 
     in session and that the State prefers an applicability date 
     for such amendments that is after the date on which the 
     legislature will convene, such amendments shall be applicable 
     to the State on the 60th day following the date on which the 
     legislature next convenes.
       (e) Elimination of Penalty for Noncompliance for Motorcycle 
     Helmets.--Effective September 30, 1995, 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. 206. DEFINITIONS.

       In this title, the following definitions apply:
       (1) Authorized funds.--The term ``authorized funds'' means 
     funds authorized to be appropriated out of the Highway Trust 
     Fund (other than the Mass Transit Account) to carry out title 
     23, United States Code (other than sections 402 and 410) and 
     the Intermodal Surface Transportation Efficiency Act of 1991 
     and subject to an obligation limitation.
       (2) Urbanized area.--The term ``urbanized area'' has the 
     meaning such term has under section 101(a) of title 23, 
     United States Code.
              TITLE III--MISCELLANEOUS HIGHWAY PROVISIONS

     SEC. 301. TRAFFIC MONITORING, MANAGEMENT, AND CONTROL ON NHS.

       (a) Eligibility.--Section 103(i) of title 23, United States 
     Code, is amended by striking paragraph (8) and inserting the 
     following:
       ``(8) Capital and operating costs for traffic monitoring, 
     management, and control facilities and programs.''.
       (b) Definitions.--Section 101(a) of such title is amended--
       (1) in the undesignated paragraph relating to the term 
     ``project'' by inserting before the period at the end the 
     following: ``or any other undertaking eligible for assistance 
     under this title''; and
     
[[Page H12463]]

       (2) by striking the undesignated paragraph relating to the 
     term ``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, 
     such as integrated traffic control systems, incident 
     management programs, and traffic control centers.''.

     SEC. 302. TRANSFERABILITY OF APPORTIONMENTS.

       The third sentence of section 104(g) of title 23, United 
     States Code, is amended by striking ``40 percent'' and 
     inserting ``50 percent''.

     SEC. 303. QUALITY IMPROVEMENT.

       (a) Life-Cycle Cost Analysis.--Section 106 of title 23, 
     United States Code, is amended by adding at the end the 
     following:
       ``(e) Life-Cycle Cost Analysis.--
       ``(1) Establishment.--The Secretary shall establish a 
     program to require States to conduct an analysis of the life-
     cycle costs of each usable project segment on the National 
     Highway System with a cost of $25,000,000 or more.
       ``(2) Analysis of the life-cycle costs defined.--In this 
     subsection, the term `analysis of the life-cycle costs' means 
     a process for evaluating the total economic worth of a usable 
     project segment by analyzing initial costs and discounted 
     future costs, such as maintenance, reconstruction, 
     rehabilitation, restoring, and resurfacing costs, over the 
     life of the project segment.''.
       (b) Value Engineering.--Such section is further amended by 
     adding at the end the following:
       ``(f) Value Engineering for NHS.--
       ``(1) Requirement.--The Secretary shall establish a program 
     to require States to carry out a value engineering analysis 
     for all projects on the National Highway System with an 
     estimated total cost of $25,000,000 or more.
       ``(2) Value engineering defined.--In this subsection, the 
     term `value engineering analysis' means a systematic process 
     of review and analysis of a project during its design phase 
     by a multidisciplined team of persons not involved in the 
     project in order to provide suggestions for reducing the 
     total cost of the project and providing a project of equal or 
     better quality. Such suggestions may include combining or 
     eliminating otherwise inefficient or expensive parts of the 
     original proposed design for the project and total redesign 
     of the proposed project using different technologies, 
     materials, or methods so as to accomplish the original 
     purpose of the project.''.

     SEC. 304. 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 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) may 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) access for other modes of transportation.
       ``(2) Development of criteria.--The Secretary, in 
     cooperation with State highway departments, may develop 
     criteria to implement paragraph (1). In developing criteria 
     under this paragraph, the Secretary shall consider the 
     results of the committee process of the American Association 
     of State Highway and Transportation Officials as used in 
     adopting and publishing `A Policy on Geometric Design of 
     Highways and Streets', including comments submitted by 
     interested parties as part of such process.''; and
       (3) by striking subsection (q) and inserting the following:
       ``(q) 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. 305. 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 each pollutant 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 pollutant for which the 
     area is designated as a nonattainment area; and
       ``(B) an area that was designated as a nonattainment area 
     but that was later redesignated by the Administrator as an 
     attainment area and that is required to develop a maintenance 
     plan under section 175A with respect to the specific 
     pollutant for which the area was designated nonattainment.''.

     SEC. 306. MOTORIST CALL BOXES.

       Section 111 of title 23, United States Code, is amended by 
     adding at the end the following:
       ``(c) Motorist Call Boxes.--
       ``(1) In general.--Notwithstanding subsection (a), a State 
     may permit the placement of motorist call boxes on rights-of-
     way of the National Highway System. Such motorist call boxes 
     may include the identification and sponsorship logos of such 
     call boxes.
       ``(2) Sponsorship logos.--
       ``(A) Approval by state and local agencies.--All call box 
     installations displaying sponsorship logos under this 
     subsection shall be approved by the highway agencies having 
     jurisdiction of the highway on which they are located.
       ``(B) Size on box.--A sponsorship logo may be placed on the 
     call box in a dimension not to exceed the size of the call 
     box or a total dimension in excess of 12 inches by 18 inches.
       ``(C) Size on identification sign.--Sponsorship logos in a 
     dimension not to exceed 12 inches by 30 inches may be 
     displayed on a call box identification sign affixed to the 
     call box post.
       ``(D) Spacing of signs.--Sponsorship logos affixed to an 
     identification sign on a call box post may be located on the 
     rights-of-way at intervals not more frequently than 1 per 
     every 5 miles.
       ``(E) Distribution throughout state.--Within a State, at 
     least 20 percent of the call boxes displaying sponsorship 
     logos shall be located on highways outside of urbanized areas 
     with a population greater than 50,000.
       ``(3) Nonsafety hazards.--The call boxes and their 
     location, posts, foundations, and mountings shall be 
     consistent with requirements of the Manual on Uniform Traffic 
     Control Devices or any requirements deemed necessary by the 
     Secretary to assure that the call boxes shall not be a safety 
     hazard to motorists.''.

     SEC. 307. 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:
       ``(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, Code of Federal Regulations.
       ``(D) Indirect cost rates.--Instead 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.
       ``(E) Application of rates.--Once a firm's indirect cost 
     rates are accepted under this paragraph, the recipient of the 
     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.
       ``(F) Prenotification; confidentiality of data.--A 
     recipient of funds requesting or using the cost and rate data 
     described in subparagraph (E) 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 
     paragraph, except by written permission of the audited firm. 
     If prohibited by law, such cost and rate data shall not be 
     disclosed under any circumstances.
       ``(G) State option.--Subparagraphs (C), (D), (E), and (F) 
     shall take effect 1 year after the date of the enactment of 
     this subparagraph; except that if a State, during such 1-year 
     period, adopts by statute an alternative process intended to 
     promote engineering and design quality and ensure maximum 
     competition by professional companies of all sizes providing 
     engineering and design services, such subparagraphs shall not 
     apply with respect to the State. If the Secretary determines 
     that the legislature of the State 

[[Page H12464]]
     did not convene and adjourn a full regular session during such 1-year 
     period, the Secretary may extend such 1-year period until the 
     adjournment of the next regular session of the 
     legislature.''.
       (b) Repeal of Pilot Program.--Section 1092 of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 112 note; 105 Stat. 2024) is repealed.

     SEC. 308. LIMITATION ON ADVANCE CONSTRUCTION.

       Section 115(d) of title 23, United States Code, is amended 
     to read as follows:
       ``(d) Inclusion in Transportation Improvement Program.--The 
     Secretary may approve an application for a project under this 
     section only if the project is included in the transportation 
     improvement program of the State developed under section 
     135(f).''.

     SEC. 309. 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 useful life of a Federal-aid highway.''.

     SEC. 310. FEDERAL SHARE.

       (a) Safety Rest Areas.--Section 120(c) of title 23, United 
     States Code, is amended--
       (1) by inserting ``safety rest areas,'' after 
     ``signalization,''; and
       (2) by adding at the end the following: ``In this 
     subsection, the term `safety rest area' means an area where 
     motor vehicle operators can park their vehicles and rest, 
     where food, fuel, and lodging services are not available, and 
     that is located on a segment of highway with respect to which 
     the Secretary determines there is a shortage of public and 
     private areas at which motor vehicle operators can park their 
     vehicles and rest.''.
       (b) Bicycle Transportation Facilities and Pedestrian 
     Walkways.--Section 217(f) of such title is amended by 
     striking ``80 percent'' and inserting ``determined in 
     accordance with section 120(b)''.
       (c) Economic Growth Center Development Highways.--Section 
     1021(c) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (23 U.S.C. 120 note), as amended by section 417 
     of the Department of Transportation and Related Agencies 
     Appropriations Act, 1993 (106 Stat. 1565), is amended--
       (1) by striking ``and'' at the end of clause (2) and 
     inserting ``or''; and
       (2) in clause (3) by striking ``section 143 of title 23'' 
     and inserting ``a project for construction, reconstruction, 
     or improvement of a development highway under section 143 of 
     such title on a Federal-aid system (other than the Interstate 
     System), as such system was described in section 103 of such 
     title on the day before the date of the enactment of this 
     Act''.
       (d) Northwest Arkansas Regional Airport Connector.--
     Notwithstanding any other provision of law, the Federal share 
     of the cost of the project to construct a highway to the 
     Northwest Arkansas Regional Airport from United States Route 
     71 in Arkansas shall be 95 percent.

     SEC. 311. 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 or a public 
     authority, the proceeds of which are used for an eligible 
     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 and reimburse a public authority for expenses and costs 
     incurred by the public authority 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 or public authority under subsection (b) with respect 
     to a project funded by an eligible debt financing instrument 
     after the State or public authority has complied with this 
     title with respect to the project 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 
     Federal share of the cost of the project as determined under 
     section 120.
       ``(e) Statutory Construction.--Notwithstanding any other 
     provision of law, the eligibility of an eligible debt 
     financing instrument for reimbursement under subsection (b) 
     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 relating to the term ``construction'' 
     of section 101(a) of such title is amended by inserting 
     ``bond costs and other costs relating to the issuance in 
     accordance with section 122 of bonds or other debt financing 
     instruments,'' after ``highway, including''.
       (c) Conforming Amendment.--The analysis for chapter 1 of 
     such title 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. 312. VEHICLE WEIGHT AND LONGER COMBINATION VEHICLES 
                   EXEMPTIONS.

       (a) Sioux City, Iowa.--
       (1) 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 Route 29 
     between Sioux City, Iowa, and the border between Iowa and 
     South Dakota or vehicles using Interstate Route 129 between 
     Sioux City, Iowa, and the border between Iowa and Nebraska, 
     and except for those''.
       (2) Longer combination vehicles.--Section 127(d)(1) of such 
     title 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 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 or Interstate Route 129 between 
     Sioux City, Iowa, and the border between Iowa and 
     Nebraska.''.
       (3) Property-carrying unit limitation.--Section 31112(c) of 
     title 49, United States Code, is amended--
       (A) in the subsection heading by striking ``and Alaska'' 
     and inserting ``Alaska, and Iowa'';
       (B) by striking ``and'' at the end of paragraph (2);
       (C) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(4) Iowa may allow the operation on Interstate Route 29 
     between Sioux City, Iowa, and the border between Iowa and 
     South Dakota or on Interstate Route 129 between Sioux City, 
     Iowa, and the border between Iowa and Nebraska of commercial 
     motor vehicle combinations with trailer length, semitrailer 
     length, and property-carrying unit length allowed by law or 
     regulation and in actual lawful operation on a regular or 
     periodic basis (including continued seasonal operation) in 
     South Dakota or Nebraska, respectively, before June 2, 
     1991.''.
       (b) Applicability of Certain Vehicle Weight Limitations in 
     Wisconsin.--Section 127 of such title 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 the enactment of this 
     subsection.''.

     SEC. 313. TOLL ROADS.

       (a) Federal Share for Highways, Bridges, and Tunnels.--
     Section 129(a)(5) of title 23, United States Code, is amended 
     to read as follows:
       ``(5) Limitation on federal share.--The Federal share 
     payable for a project described in paragraph (1) shall be a 
     percentage determined by the State but not to exceed 80 
     percent.''.
       (b) Loan Program.--Section 129(a)(7) of title 23, United 
     States Code, is amended to read as follows:
       ``(7) Loans.--
       ``(A) In general.--A State may loan to a public or private 
     entity constructing or proposing to construct under this 
     section a toll facility or non-toll facility with a dedicated 
     revenue source an amount equal to all or part of the Federal 
     share of the cost of the project if the project has a revenue 
     source specifically dedicated to it. Dedicated revenue 
     sources for non-toll facilities include excise taxes, sales 
     taxes, motor vehicle use fees, tax on real property, tax 
     increment financing, and such other dedicated revenue sources 
     as the Secretary determines appropriate.
       ``(B) Compliance with federal laws.--As a condition of 
     receiving a loan under this paragraph, the public or private 
     entity that receives the loan shall ensure that the project 
     will be carried out in accordance with this title and any 
     other applicable Federal law, including any applicable 
     provision of a Federal environmental law.
       ``(C) Subordination of debt.--The amount of any loan 
     received for a project under this 

[[Page H12465]]
     paragraph may be subordinated to any other debt financing for the 
     project.
       ``(D) Obligation of funds loaned.--Funds loaned under this 
     paragraph may only be obligated for projects under this 
     paragraph.
       ``(E) Repayment.--The repayment of a loan made under this 
     paragraph shall commence not later than 5 years after date on 
     which the facility that is the subject of the loan is open to 
     traffic.
       ``(F) Term of loan.--The term of a loan made under this 
     paragraph shall not exceed 30 years from the date on which 
     the loan funds are obligated.
       ``(G) Interest.--A loan made under this paragraph shall 
     bear interest at or below market interest rates, as 
     determined by the State, to make the project that is the 
     subject of the loan feasible.
       ``(H) Reuse of funds.--Amounts repaid to a State from a 
     loan made under this paragraph may be obligated--
       ``(i) for any purpose for which the loan funds were 
     available under this title; and
       ``(ii) for the purchase of insurance or for use as a 
     capital reserve for other forms of credit enhancement for 
     project debt in order to improve credit market access or to 
     lower interest rates for projects eligible for assistance 
     under this title.
       ``(I) Guidelines.--The Secretary shall establish procedures 
     and guidelines for making loans under this paragraph.''.
       (c) Ferry Boats and Terminal Facilities.--Section 129(c)(5) 
     of such title is amended--
       (1) by inserting before the period at the end of the first 
     sentence the following: ``or between a point in a State and a 
     point in the Dominion of Canada''; and
       (2) in the second sentence--
       (A) by striking ``Hawaii and'' and inserting ``Hawaii,''; 
     and
       (B) by inserting after ``Puerto Rico'' the following: ``, 
     operations between a point in a State and a point in the 
     Dominion of Canada,''.
       (d) Treatment of Centennial Bridge, Rock Island, Illinois, 
     Agreement.--For purposes of section 129(a)(6) of title 23, 
     United States Code, the agreement concerning the Centennial 
     Bridge, Rock Island, Illinois, entered into under the Act 
     entitled ``An Act authorizing the city of Rock Island, 
     Illinois, or its assigns, to construct, maintain, and operate 
     a toll bridge across the Mississippi River at or near Rock 
     Island, Illinois, and to a place at or near the city of 
     Davenport, Iowa'', approved March 18, 1938 (52 Stat. 110), 
     shall be treated as if the agreement had been entered into 
     under section 129 of title 23, United States Code, as in 
     effect on December 17, 1991, and may be modified in 
     accordance with section 129(a)(6) of such title.
       (e) Collection of Tolls To Finance Certain Environmental 
     Projects in Florida.--Notwithstanding section 129(a) of title 
     23, United States Code, on request of the Governor of the 
     State of Florida, the Secretary shall modify the agreement 
     entered into with the transportation department of the State 
     under section 129(a)(3) of such title to permit the 
     collection of tolls to liquidate such indebtedness as may be 
     incurred to finance any cost associated with a feature of an 
     environmental project that is carried out under State law and 
     approved by the Secretary of the Interior.

     SEC. 314. SCENIC BYWAYS.

       Section 131(s) of title 23, United Sates Code, is amended 
     by adding at the end the following: ``In designating a scenic 
     byway for purposes of this section and section 1047 of the 
     Intermodal Surface Transportation Efficiency Act of 1991, a 
     State may exclude from such designation any segment of a 
     highway that is inconsistent with the State's criteria for 
     designating State scenic byways. Nothing in the preceding 
     sentence shall preclude a State from signing any such 
     excluded segment, including such segment on a map, or 
     carrying out similar activities, solely for purposes of 
     system continuity.''.

     SEC. 315. 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.
       ``(C) Acquisitions on behalf of recipients of federal 
     funds.--If a qualified organization described in subparagraph 
     (A) has contracted with a State highway department 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.''.

     SEC. 316. 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'';
       (B) by moving the remainder of the text of subparagraph 
     (A), as designated by subparagraph (A) of this paragraph, 2 
     ems to the right; and
       (C) by adding at the end the following:
       ``(B) Advance payment option for transportation enhancement 
     activities.--
       ``(i) In general.--The Secretary may advance funds to the 
     State for transportation enhancement activities funded from 
     the allocation required by subsection (d)(2) for a fiscal 
     year if the Secretary certifies for the fiscal year that the 
     State has authorized and uses a process for the selection of 
     transportation enhancement projects that involves 
     representatives of affected public entities, and private 
     citizens, with expertise related to transportation 
     enhancement activities.
       ``(ii) Limitation on amounts.--Amounts advanced under this 
     subparagraph shall be limited to such amounts as are 
     necessary to make prompt payments for project costs.
       ``(iii) Effect on other requirements.--This subparagraph 
     shall not exempt a State from other requirements of this 
     title relating to the surface transportation program.''; and
       (2) by adding at the end the following:
       ``(5) Transportation enhancement activities.--
       ``(A) Categorical exclusions.--To the extent appropriate, 
     the Secretary shall develop categorical exclusions from the 
     requirement that an environmental assessment or an 
     environmental impact statement under section 102 of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4332) be 
     prepared for transportation enhancement activities funded 
     from the allocation required by subsection (d)(2).
       ``(B) Nationwide programmatic agreement.--The Secretary, 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 such Act (16 U.S.C. 470f); and
       ``(ii) the regulations of the Advisory Council on Historic 
     Preservation.''.

     SEC. 317. METROPOLITAN PLANNING FOR HIGHWAY PROJECTS.

       Section 134(f) of title 23, United States Code, is amended 
     by adding at the end the following:
       ``(16) Recreational travel and tourism.''.

     SEC. 318. 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. 319. 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 ``if the project or program is for an area 
     in the State that was designated as a nonattainment area 
     under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) 
     during any part of fiscal year 1994 and'' after ``program'' 
     the second place it appears; and
       (B) in paragraph (1)(A) by striking ``contribute'' and all 
     that follows through ``; or'' and inserting the following: 
     ``contribute to--
       ``(i) the attainment of a national ambient air quality 
     standard; or
       ``(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 such title 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''.
       (b) Traffic Monitoring, Management, and Control Facilities 
     and Programs.--The 

[[Page H12466]]
     first sentence of section 149(b) of title 23, United States Code, is 
     amended--
       (1) by striking ``or'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting a semicolon; 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; or''.
       (c) Effect of Limitation on Apportionment.--Notwithstanding 
     any other provision of law, for each of fiscal years 1996 and 
     1997, the amendments made by subsection (a) shall not affect 
     any apportionment adjustments under section 1015 of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (105 
     Stat. 1943).

     SEC. 320. OPERATION OF MOTOR VEHICLES BY INTOXICATED MINORS.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 161. Operation of motor vehicles by intoxicated minors

       ``(a) Withholding of Apportionments for Noncompliance.--
       ``(1) Fiscal year 1999.--The Secretary shall withhold 5 
     percent of the amount required to be apportioned to any State 
     under each of paragraphs (1), (3), and (5)(B) of section 
     104(b) on October 1, 1998, if the State does not meet the 
     requirement of paragraph (3) on that date.
       ``(2) Thereafter.--The Secretary shall withhold 10 percent 
     (including any amounts withheld under paragraph (1)) of the 
     amount required to be apportioned to any State under each of 
     paragraphs (1), (3), and (5)(B) of section 104(b) on October 
     1, 1999, and on October 1 of each fiscal year thereafter, if 
     the State does not meet the requirement of paragraph (3) on 
     that date.
       ``(3) Requirement.--A State meets the requirement of this 
     paragraph if the State has enacted and is enforcing a law 
     that considers an individual under the age of 21 who has a 
     blood alcohol concentration of 0.02 percent or greater while 
     operating a motor vehicle in the State to be driving while 
     intoxicated or driving under the influence of alcohol.
       ``(b) Period of Availability; Effect of Compliance and 
     Noncompliance.--
       ``(1) Period of availability of withheld funds.--
       ``(A) Funds withheld on or before september 30, 2000.--Any 
     funds withheld under subsection (a) from apportionment to any 
     State on or before September 30, 2000, shall remain available 
     until the end of the third fiscal -year following the fiscal 
     year for which the funds are authorized to be appropriated.
       ``(B) Funds withheld after september 30, 2000.--No funds 
     withheld under this section from apportionment to any State 
     after September 30, 2000, shall be available for 
     apportionment to the State.
       ``(2) Apportionment of withheld funds after compliance.--
     If, before the last day of the period for which funds 
     withheld under subsection (a) from apportionment are to 
     remain available for apportionment to a State under paragraph 
     (1), the State meets the requirement of subsection (a)(3), 
     the Secretary shall, on the first day on which the State 
     meets the requirement, apportion to the State the funds 
     withheld under subsection (a) that remain available for 
     apportionment to the State.
       ``(3) Period of availability of subsequently apportioned 
     funds.--Any funds apportioned pursuant to paragraph (2) shall 
     remain available for expenditure until the end of the third 
     fiscal year following the fiscal year in which the funds are 
     so apportioned. Sums not obligated at the end of that period 
     shall lapse.
       ``(4) Effect of noncompliance.--If, at the end of the 
     period for which funds withheld under subsection (a) from 
     apportionment are available for apportionment to a State 
     under paragraph (1), the State does not meet the requirement 
     of subsection (a)(3), the funds shall lapse.''.
       (b) Conforming Amendment.--The analysis of such chapter is 
     amended by adding at the end the following:

``161. Operation of motor vehicles by intoxicated minors.''.

     SEC. 321. UTILIZATION OF THE PRIVATE SECTOR FOR SURVEYING AND 
                   MAPPING SERVICES.

       Section 306 of title 23, United States Code, is amended--
       (1) by inserting ``(a) In General.--'' before ``In''; and
       (2) by adding at the end the following:
       ``(b) Guidance.--The Secretary shall issue guidance to 
     encourage States to utilize, to the maximum extent 
     practicable, private sector sources for surveying and mapping 
     services for projects under this title. In carrying out this 
     subsection, the Secretary shall recommend appropriate roles 
     for State and private mapping and surveying activities, 
     including--
       ``(1) preparation of standards and specifications;
       ``(2) research in surveying and mapping instrumentation and 
     procedures and technology transfer to the private sector;
       ``(3) providing technical guidance, coordination, and 
     administration of State surveying and mapping activities; and
       ``(4) recommending methods for increasing the use by the 
     States of private sector sources for surveying and mapping 
     activities.''.

     SEC. 322. DONATIONS OF FUNDS, MATERIALS, OR SERVICES FOR 
                   FEDERALLY ASSISTED PROJECTS.

       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 a project eligible for assistance 
     under this title. In the case of such a project 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 project by the State highway department 
     shall be credited against the State share.''.

     SEC. 323. DISCOVERY AND ADMISSION AS EVIDENCE OF CERTAIN 
                   REPORTS AND SURVEYS.

       Section 409 of title 23, United States Code, is amended by 
     inserting ``or collected'' after ``compiled''.

     SEC. 324. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.

       (a) Technical Amendment.--Section 410(d)(1)(E) of title 23, 
     United States Code, is amended by striking ``the date of 
     enactment of this section'' and inserting ``December 18, 
     1991''.
       (b) Basic Grant Eligibility.--Section 410(d) of such title 
     is amended--
       (1) in paragraph (3)--
       (A) by inserting ``(A)'' after ``(3)''; and
       (B) by adding at the end the following:
       ``(B) A State shall be treated as having met the 
     requirement of this paragraph if--
       ``(i) the State provides to the Secretary a written 
     certification that the highest court of the State has issued 
     a decision indicating that implementation of subparagraph (A) 
     would constitute a violation of the constitution of the 
     State; and
       ``(ii) the State demonstrates to the satisfaction of the 
     Secretary that--
       ``(I) the alcohol fatal crash involvement rate in the State 
     has decreased in each of the 3 most recent calendar years for 
     which statistics for determining such rate are available; and
       ``(II) the alcohol fatal crash involvement rate in the 
     State has been lower than the average such rate for all 
     States in each of such calendar years.''; and
       (2) by adding at the end the following:
       ``(7) Any individual under age 21 with a blood alcohol 
     concentration of 0.02 percent or greater when driving a motor 
     vehicle shall be deemed to be driving while intoxicated or 
     driving under the influence of alcohol.''.
       (c) Supplemental Grants.--Section 410(f) of such title is 
     amended by striking paragraph (1) and redesignating 
     paragraphs (2) through (7) as paragraphs (1) through (6), 
     respectively.

     SEC. 325. REFERENCES TO COMMITTEE ON TRANSPORTATION AND 
                   INFRASTRUCTURE.

       (a) Railway-Highway Crossings Report.--The third sentence 
     of section 130(g) of title 23, United States Code, is amended 
     by striking ``Committee on Public Works and Transportation'' 
     and inserting ``Committee on Transportation and 
     Infrastructure''.
       (b) Highway Bridge Replacement and Rehabilitation Report.--
     Section 144(i)(1) of such title is amended by striking 
     ``Committee on Public Works and Transportation'' and 
     inserting ``Committee on Transportation and Infrastructure''.
       (c) Hazard Elimination Report.--The third sentence of 
     section 152(g) of such title is amended by striking 
     ``Committee on Public Works and Transportation'' and 
     inserting ``Committee on Transportation and Infrastructure''.
       (d) Research Reports.--Subsections (d)(5), (e)(11), and (h) 
     of section 307 of such title are each amended by striking 
     ``Committee on Public Works and Transportation'' and 
     inserting ``Committee on Transportation and Infrastructure''.
       (e) Congestion Pricing Pilot Program Report.--Section 
     1012(b)(5) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) 
     is amended by striking ``Committee on Public Works and 
     Transportation'' and inserting ``Committee on Transportation 
     and Infrastructure''.
       (f) Motor Fuel Tax Enforcement Report.--Section 1040(d)(1) 
     of such Act (23 U.S.C. 101 note; 105 Stat. 1992) is amended 
     by striking ``Committee on Public Works and Transportation'' 
     and inserting ``Committee on Transportation and 
     Infrastructure''.
       (g) Allocation Formula Study.--Section 1098(b) of such Act 
     (23 U.S.C. 104 note; 105 Stat. 2025) is amended by striking 
     ``these committees as they'' and inserting ``the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives as the committees''.
       (h) National Recreational Trails Report.--Section 1303(i) 
     of such Act (16 U.S.C. 1262(i)) is amended by striking 
     ``Committee on Public Works and Transportation'' and 
     inserting ``Committee on Transportation and Infrastructure''.
     
[[Page H12467]]


     SEC. 326. PUBLIC TRANSIT VEHICLES EXEMPTION.

       Section 1023(h)(1) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 127 note) is amended--
       (1) by striking ``2-year'' the first place it appears and 
     all that follows through ``Act,'' and inserting ``period 
     beginning on October 6, 1992, and ending on the date on which 
     Federal-aid highway and transit programs are reauthorized 
     after the date of the enactment of the National Highway 
     System Designation Act of 1995,''; and
       (2) by striking the second sentence.

     SEC. 327. USE OF RECYCLED PAVING MATERIAL.

       Section 1038 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 109 note; 105 Stat. 1987-
     1990), as amended by section 205(b) of this Act, is amended--
       (1) by inserting before subsection (e) the following:
       ``(d) Asphalt Pavement Containing Recycled Rubber.--
       ``(1) Crumb rubber modifier research.--Not later than 180 
     days after the date of the enactment of the National Highway 
     System Designation Act of 1995, the Secretary 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 Secretary may make grants to States 
     to develop programs to use crumb rubber from scrap tires to 
     modify asphalt pavements.
       ``(B) Use of grant funds.--Grant funds made available to 
     States under this paragraph shall 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''.

     SEC. 328. ROADSIDE BARRIER TECHNOLOGY.

       Section 1058 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (23 U.S.C. 109 note; 105 Stat. 2003) 
     is amended--
       (1) in subsection (a)--
       (A) by striking ``median'' and inserting ``or temporary 
     crashworthy''; and
       (B) by inserting ``crashworthy'' after ``innovative''; and
       (2) in subsection (c)--
       (A) in the subsection heading by inserting ``Crashworthy'' 
     after ``Innovative'';
       (B) by inserting ``crashworthy'' after ``innovative'';
       (C) by striking ``median'';
       (D) by inserting ``or guiderail'' after ``guardrail''; and
       (E) by inserting before the period at the end the 
     following: ``, and that meets or surpasses the requirements 
     of the National Cooperative Highway Research Program 350 for 
     longitudinal barriers''.

     SEC. 329. CORRECTIONS TO MISCELLANEOUS AUTHORIZATIONS.

       (a) Gowanus Expressway Corridor, New York.--Section 
     1069(ee) of the Intermodal Surface Transportation Efficiency 
     Act of 1991 (105 Stat. 2011) is amended by adding at the end 
     the following: ``In carrying out such improvements, the State 
     of New York shall consider the economic and social impacts of 
     the project on the neighboring community.''.
       (b) New York City, New York.--Section 1069(gg) of such Act 
     (105 Stat. 2011) is amended to read as follows:
       ``(gg) Intermodal Facilities, New York.--
       ``(1) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $150,000,000 
     for fiscal years beginning after September 30, 1995, for--
       ``(A) design and construction of the Whitehall Street Ferry 
     Terminals in New York, New York;
       ``(B) completion of construction of the Oak Point Link in 
     the Harlem River in New York, New York;
       ``(C) 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
       ``(D) necessary improvements to and redevelopment of 
     Pennsylvania Station and associated service buildings in New 
     York, New York.

     Such sums shall remain available until expended.
       ``(2) Allocation of funds.--Of the amounts made available 
     under paragraph (1)--
       ``(A) not to exceed $50,000,000 may be used to carry out 
     paragraph (1)(A); and
       ``(B) not to exceed $10,000,000 may be used to carry out 
     paragraph (1)(B).''.

     SEC. 330. CORRECTIONS TO HIGH COST BRIDGE PROJECTS.

       The table contained in section 1103(b) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (105 Stat. 
     2027-2028) is amended--
       (1) in item number 2, relating to Eugene, Oregon--
       (A) by striking ``Construction'' and inserting ``Design, 
     right-of-way acquisition, and construction''; and
       (B) by inserting ``, including pedestrian, bicycle, and 
     vehicle approach roadways, intersections, signalization, and 
     structural bridge changes, and related structures between 
     East Broadway and Oakway Road'' after ``Bridge'';
       (2) in item 5, relating to Gloucester Point, Virginia, by 
     inserting after ``York River'' the following: ``and for 
     repair, strengthening, and rehabilitation of the existing 
     bridge''; and
       (3) in item 10, relating to Shakopee, Minnesota, by 
     inserting ``project, including the bypass of'' after 
     ``replacement''.

     SEC. 331. CORRECTIONS TO CONGESTION RELIEF PROJECTS.

       The table contained in section 1104(b) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (105 Stat. 
     2029-2031) is amended--
       (1) in item 1, relating to Long Beach, California, by 
     striking ``HOV Lanes on'' and inserting ``downtown Long Beach 
     access ramps into the southern terminus of'';
       (2) in item 10, relating to San Diego, California, by 
     striking ``1 block of Cut and Cover Tunnel on Rt. 15'' and 
     inserting ``bridge decking on Route 15'';
       (3) in item 23, relating to Tucson, Arizona, by inserting 
     ``, of which a total of $3,609,620 shall be available for the 
     project authorized by item 74 of the table contained in 
     section 1106(b)'' after ``in Tucson, Arizona'';
       (4) in item 38, relating to New York, New York, by striking 
     ``Construction'' and all that follows through ``Bypass'' and 
     inserting the following: ``Whitehall Street ferry 
     terminals''; and
       (5) in item 43, relating to West Virginia, by striking 
     ``Coal Fields'' and inserting ``Coalfields''.

     SEC. 332. HIGH PRIORITY CORRIDORS.

       (a) Identification of High Priority Corridors.--
       (1) In general.--Section 1105(c) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2032) is 
     amended--
       (A) by inserting before the period at the end of paragraph 
     (3) the following: ``commencing on the Atlantic Coast in the 
     Hampton Roads area going westward across Virginia to the 
     vicinity of Lynchburg, Virginia, continuing west to serve 
     Roanoke and then to a West Virginia corridor centered around 
     Beckley to Welch as part of the Coalfields Expressway 
     described in section 1069(v), then to Williamson sharing a 
     common corridor with the I-73/74 Corridor (referred to in 
     item 12 of the table contained in subsection (f)), then to a 
     Kentucky Corridor centered on the cities of Pikeville, 
     Jenkins, Hazard, London, Somerset, Columbia, Bowling Green, 
     Hopkinsville, Benton, and Paducah, into Illinois, and into 
     Missouri and exiting western Missouri and moving westward 
     across southern Kansas'';
       (B) 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. The Sault Ste. Marie 
     terminus shall be reached via a corridor connecting Adrian, 
     Jackson, Lansing, Mount Pleasant, and Grayling, 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
     
[[Page H12468]]

       ``(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.'';
       (C) in paragraph (18)--
       (i) by striking ``and'';
       (ii) by inserting ``Mississippi, Arkansas,'' after 
     ``Tennessee,'';
       (iii) by inserting after ``Texas'' the following: ``, and 
     to the Lower Rio Grande Valley at the border between the 
     United States and Mexico; and
       (iv) by inserting before the period at the end the 
     following: ``, and to include the Corpus Christi Northside 
     Highway and Rail Corridor from the existing intersection of 
     United States Route 77 and Interstate Route 37 to United 
     States Route 181, including FM511 from United States Route 77 
     to the Port of Brownsville''; and
       (D) 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.
       ``(26) The CANAMEX Corridor from Nogales, Arizona, through 
     Las Vegas, Nevada, to Salt Lake City, Utah, to Idaho Falls, 
     Idaho, to Montana, to the Canadian Border as follows:
       ``(A) In the State of Arizona, the CANAMEX Corridor shall 
     generally follow--
       ``(i) I-19 from Nogales to Tucson;
       ``(ii) I-10 from Tucson to Phoenix; and
       ``(iii) United States Route 93 in the vicinity of Phoenix 
     to the Nevada Border.
       ``(B) In the State of Nevada, the CANAMEX Corridor shall 
     follow--
       ``(i) United States Route 93 from the Arizona Border to Las 
     Vegas; and
       ``(ii) I-15 from Las Vegas to the Utah Border.
       ``(C) From the Utah Border through Montana to the Canadian 
     Border, the CANAMEX Corridor shall follow I-15.
       ``(27) The Camino Real Corridor from El Paso, Texas, to 
     Denver, Colorado, as follows:
       ``(A) In the State of Texas, the Camino Real Corridor shall 
     generally follow--
       ``(i) arterials from the international ports of entry to I-
     10 in El Paso County; and
       ``(ii) I-10 from El Paso County to the New Mexico border.
       ``(B) In the State of New Mexico, the Camino Real Corridor 
     shall generally follow--
       ``(i) I-10 from the Texas Border to Las Cruces; and
       ``(ii) I-25 from Las Cruces to the Colorado Border.
       ``(C) In the State of Colorado, the Camino Real Corridor 
     shall generally follow I-25 from the New Mexico border to 
     Denver continuing to the Wyoming border.
       ``(D) In the State of Wyoming, the Camino Real Corridor 
     shall generally follow--
       ``(i) I-25 north to join with I-90 at Buffalo; and
       ``(ii) I-90 to the Montana border.
       ``(E) In the State of Montana, the Camino Real Corridor 
     shall generally follow--
       ``(i) I-90 to Billings; and
       ``(ii) Montana Route 3, United States Route 12, United 
     States Route 191, United States Route 87, to I-15 at Great 
     Falls; and
       ``(iii) I-15 from Great Falls to the Canadian border.
       ``(28) The Birmingham Northern Beltline beginning at I-59 
     in the vicinity of Trussville, Alabama, and traversing 
     westwardly intersecting with United States Route 75, United 
     States Route 79, and United States Route 31; continuing 
     southwestwardly intersecting United States Route 78 and 
     terminating at I-59 with the I-459 interchange.
       ``(29) The Coalfields Expressway beginning at Beckley, West 
     Virginia, to Pound, Virginia, generally following the 
     corridor defined as State Routes 54, 97, 10, 16, and 83.''.
       (2) Inclusion of certain route segments on interstate 
     system.--Section 1105(e) of such Act (105 Stat. 2033) is 
     amended by adding at the end the following:
       ``(5) Inclusion of certain route segments on interstate 
     system.--
       ``(A) In general.--The portions of the routes referred to 
     in clauses (i), (ii), and (iii) of subsection (c)(5)(B), in 
     subsection (c)(9), and in subsections (c)(18) and (c)(20) 
     that are not a part of the Interstate System are designated 
     as future parts of the Interstate System. Any segment of such 
     routes shall become a part of the Interstate System at such 
     time as the Secretary determines that the segment--
       ``(i) meets the Interstate System design standards approved 
     by the Secretary under section 109(b) of title 23, United 
     States Code; and
       ``(ii) connects to an existing Interstate System segment.

     The portion of the route referred to in subsection (c)(9) is 
     designated as Interstate Route I-99.
       ``(B) Treatment of segments.--Subject to subparagraph (C), 
     segments designated as part of the Interstate System by this 
     paragraph and the mileage of such segments shall be treated 
     in the manner described in the last 2 sentences of section 
     139(a) of title 23, United States Code.
       ``(C) Use of funds.--
       ``(i) General rule.--Funds apportioned under section 
     104(b)(5)(A) of title 23, United States Code, may be used on 
     a project to construct a portion of a route referred to in 
     this paragraph to standards set forth in section 109(b) of 
     such title if the State determines that the project for which 
     the funds were originally apportioned is unreasonably delayed 
     or no longer viable.
       ``(ii) Limitation.--If funds apportioned under section 
     104(b)(5)(A) of title 23, United States Code, for completing 
     a segment of the Interstate System are used on a project 
     pursuant to this subparagraph, no interstate construction 
     funds may be made available, after the date of the enactment 
     of this paragraph, for construction of such segment.
       (b) Feasibility Studies.--
       (1) Evacuation routes for louisiana coastal areas.--Section 
     1105(e)(2) of such Act (105 Stat. 2033) is amended by adding 
     at the end the following: ``A feasibility study may be 
     conducted under this paragraph to identify routes that will 
     expedite future emergency evacuations of coastal areas of 
     Louisiana.''.
       (2) East-west transamerica corridor.--With amounts 
     available to the Secretary under section 1105(h) of the 
     Intermodal Surface Transportation Efficiency Act of 1991, the 
     Secretary in cooperation with the States of Virginia and West 
     Virginia shall conduct a study to determine the feasibility 
     of establishing a route for the East-West Transamerica 
     Corridor (designated pursuant to section 1105(c)(3) of such 
     Act) from Beckley, West Virginia, utilizing a corridor 
     entering Virginia near the city of Covington then moving 
     south from the Allegheny Highlands to serve Roanoke and 
     continuing east to Lynchburg. From there such route would 
     continue across Virginia to the Hampton Roads area.
       (c) Corrections to Projects.--The table contained in 
     section 1105(f) of such Act (105 Stat. 2033-2035) is 
     amended--
       (1) in item 1, relating to Pennsylvania, by inserting after 
     ``For'' the following: ``the segment described in item 6 of 
     this table and up to $11,000,000 for'';
       (2) in item 2, relating to Alabama, Georgia, Mississippi, 
     Tennessee, by inserting after ``Rt. 72'' the following: ``and 
     up to $1,500,000 from the State of Alabama's share of the 
     project for modification of the Keller Memorial Bridge in 
     Decatur, Alabama, to a pedestrian structure'';
       (3) in item 21, relating to Louisiana, by inserting after 
     ``Shreveport, Louisiana'' insert the following: ``, and up to 
     $6,000,000 for surface transportation projects in Louisiana, 
     including $4,500,000 for the I-10 and I-610 project in 
     Jefferson Parish, Louisiana, in the corridor between the St. 
     Charles Parish line and Tulane Avenue, $500,000 for noise 
     analysis and safety abatement measures or barriers along the 
     Lakeview section of I-610 in New Orleans, and $1,000,000 for 
     3 highway studies (including $250,000 for a study to widen 
     United States Route 84/Louisiana Route 6 traversing north 
     Louisiana, $250,000 for a study to widen Louisiana Route 42 
     from United States Route 61 to Louisiana Route 44 and extend 
     to I-10 in East Ascension Parish, and $500,000 for a study to 
     connect I-20 on both sides of the Ouachita River)''; and
       (4) in item 26, relating to Indiana, Kentucky, Tennessee, 
     by striking ``Newberry'' and inserting ``Evansville''.
       (d) Coalfields Expressway Description.--The first sentence 
     of section 1069(v) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2010) is amended by 
     striking ``93'' and inserting the following: ``83, and from 
     the West Virginia-Virginia State line generally following 
     Route 83 to Pound, Virginia.''.

     SEC. 333. CORRECTIONS TO RURAL ACCESS PROJECTS.

       The table contained in section 1106(a)(2) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (105 Stat. 
     2037-2042) is amended--
       (1) in item 18, relating to Louisiana, by inserting after 
     ``in Louisiana'' the following: ``and for Zachary Taylor 
     Parkway, Alexandria to Bogalusa, Louisiana, to I-59 in 
     Mississippi not to exceed $1,000,000'';
       (2) in item 34, relating to Illinois, by striking 
     ``Resurfacing'' and all that follows through ``Omaha'' and 
     inserting ``Bel-Air Road improvement from south of Carmi to 
     State Route 141 in southeastern White County'';
       (3) in item 52, relating to Bedford Springs, Pennsylvania, 
     by striking ``and Huntington'' and inserting ``Franklin, and 
     Huntingdon'';
       (4) in item 61, relating to Lubbock, Texas, by striking 
     ``with Interstate 20'' and inserting ``with Interstate 10 
     through Interstate 20 

[[Page H12469]]
     and Interstate 27 north of Amarillo to the border between Texas and 
     Oklahoma'';
       (5) in item 71, relating to Chautauqua County, New York, by 
     inserting ``and other improvements'' after ``expressway 
     lanes'';
       (6) in item 75, relating to Pennsylvania, by striking 
     ``Widen'' and all that follows through ``lanes'' and 
     inserting ``Road improvements on a 14-mile segment of United 
     States Route 15 in Lycoming County, Pennsylvania'';
       (7) in item 93, relating to New Mexico, by striking 
     ``Raton-Clayton Rd., Clayton, New Mexico'' and inserting 
     ``United States Route 64/87 from Raton, New Mexico, through 
     Clayton to the border between Texas and New Mexico''; and
       (8) in item 111, relating to Parker County, Texas--
       (A) by striking ``Parker County'' and inserting ``Parker 
     and Tarrant Counties''; and
       (B) by striking ``to four-'' and inserting ``in Tarrant 
     County to freeway standards and in Parker County to a 4-''.

     SEC. 334. CORRECTIONS TO URBAN ACCESS AND MOBILITY PROJECTS.

       The table contained in section 1106(b)(2) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (105 Stat. 
     2043-2047) is amended--
       (1) in item 9, relating to New York, New York, by inserting 
     after ``NY'' the following: ``, $4,440,398, and redevelopment 
     of the James A. Farley Post Office, Pennsylvania Station, and 
     associated service buildings into an intermodal 
     transportation facility and commercial center, $11,159,602'';
       (2) in item 13, relating to Joliet, Illinois, by striking 
     ``and construction and interchange at Houbolt Road and I-
     80'';
       (3) in item 36, relating to Compton, California, by 
     striking ``For a grade'' and all that follows through 
     ``Corridor'' and inserting ``For grade separations and other 
     improvements in the city of Compton, California''; and
       (4) in item 52, relating to Chicago, Illinois, by striking 
     ``Right-of-way'' and all that follows through ``Connector)'' 
     and inserting ``Reconstruct the Michigan Avenue viaduct''.

     SEC. 335. CORRECTIONS TO INNOVATIVE PROJECTS.

       The table contained in section 1107(b) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (105 Stat. 
     2048-2059) is amended--
       (1) in item 10, relating to Atlanta, Georgia, by striking 
     ``(IVHS)'' and inserting ``(ITS)'';
       (2) in item 19, relating to Water Street, Pennsylvania--
       (A) by striking ``Water Street,''; and
       (B) by inserting ``, or other projects in the counties of 
     Bedford, Blair, Centre, Franklin, and Huntingdon as selected 
     by the State of Pennsylvania'' after ``Pennsylvania'' the 
     second place it appears;
       (3) in item 20, relating to Holidaysburg, Pennsylvania--
       (A) by striking ``Holidaysburg,'' the first place it 
     appears; and
       (B) by inserting ``, or other projects in the counties of 
     Bedford, Blair, Centre, Franklin, and Huntingdon as selected 
     by the State of Pennsylvania'' after ``Pennsylvania'' the 
     second place it appears;
       (4) in item 24, relating to Pennsylvania, by inserting 
     after ``line'' the following: ``and for the purchase, 
     rehabilitation, and improvement of any similar existing 
     facility within a 150-mile radius of such project, as 
     selected by the State of Pennsylvania'';
       (5) in item 29, relating to Blacksburg, Virginia--
       (A) by inserting ``methods of facilitating public and 
     private participation in'' after ``demonstrate''; and
       (B) by striking ``intelligent/vehicle highway systems'' and 
     inserting ``intelligent transportation systems'';
       (6) in item 35, relating to Alabama, by striking ``to 
     bypass'' and all that follows through ``I-85'' and inserting 
     ``beginning on United States Route 80 west of Montgomery, 
     Alabama, and connecting to I-65 south of Montgomery and I-85 
     east of Montgomery'';
       (7) in item 49, relating to Suffolk County, New York, by 
     inserting after ``perimeters'' the following: ``and provide 
     funds to the towns of Brookhaven, Riverhead, Smithtown, East 
     Hampton, Southold, Shelter Island, and Southampton for the 
     purchase of vehicles to meet the transportation needs of the 
     elderly and persons with disabilities'';
       (8) in item 52, relating to Pennsylvania, by striking ``2'' 
     and all that follows through ``Pennsylvania'' and inserting 
     ``or rehabilitate (or both) highway and transportation 
     infrastructure projects within 30 miles of I-81 or I-80 in 
     northeastern Pennsylvania'';
       (9) in item 61, relating to Mojave, California--
       (A) by striking ``Mojave'' and inserting ``Victorville''; 
     and
       (B) by inserting ``Mojave'' after ``reconstruct'';
       (10) in item 68, relating to Portland/S. Portland, Maine--
       (A) by striking ``Portland/S. Portland,''; and
       (B) by inserting after ``Bridge'' the following: ``and 
     improvements to the Carlton Bridge in Bath-Woolworth'';
       (11) in item 76, relating to Tennessee--
       (A) by inserting ``Improved access to'' before ``I-81'';
       (B) by striking ``Interchange''; and
       (C) by inserting after ``Tennessee'' the second place it 
     appears the following: ``via improvements at I-181/Eastern 
     Star Road and I-81/Kendrick Creek Road'';
       (12) in item 100, relating to Arkansas, by striking 
     ``Thornton'' and inserting ``Little Rock'';
       (13) in item 113, relating to Durham County, North 
     Carolina, by inserting after ``Route 147'' the following: ``, 
     including the interchange at I-85'';
       (14) in item 114, relating to Corpus Christi to Angleton, 
     Texas, by striking ``Construct new multi-lane freeway'' and 
     inserting ``Construct a 4-lane divided highway'';
       (15) in item 162, relating to New York, New York, by 
     inserting after ``paint'' the following: ``, $40,000,000, and 
     James A. Farley Post Office, Pennsylvania Station, and 
     associated service buildings: redevelopment, $15,000,000'';
       (16) in item 193, relating to Corning, New York, by 
     inserting ``and other improvements'' after ``expressway 
     lanes''; and
       (17) in item 196, relating to Orlando, Florida--
       (A) by striking ``Orlando,''; and
       (B) by striking ``Land'' and all that follows through 
     ``project'' and inserting ``One or more regionally 
     significant, intercity ground transportation projects''.

     SEC. 336. CORRECTIONS TO INTERMODAL PROJECTS.

       The table contained in section 1108(b) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (105 Stat. 
     2060-2063) is amended--
       (1) in item 9, relating to E. Haven/Wallingford, 
     Connecticut--
       (A) by striking ``for $8.8 million'';
       (B) by striking ``for $2.4 million''; and
       (C) by striking ``for $0.7 million'';
       (2) in item 12, relating to Buffalo, New York, by inserting 
     after ``Project'' the following: ``and the Crossroads Arena 
     Project'';
       (3) in item 31, relating to Los Angeles, California, 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'';
       (4) in item 33, relating to Orange County, New York, strike 
     ``Stuart Airport Interchange Project'' and insert ``Stewart 
     Airport interchange projects''; and
       (5) in item 38, relating to Provo, Utah, strike ``South'' 
     and all that follows through ``Airport'' and insert ``East-
     West Connector from United States Route 89-189''.

     SEC. 337. NATIONAL RECREATIONAL TRAILS.

       (a) State Eligibility.--Section 1302(c) of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (16 U.S.C. 
     1261(c)) is amended--
       (1) by striking ``Act'' each place it appears and inserting 
     ``part'';
       (2) in paragraph (2)--
       (A) by striking subparagraph (B); and
       (B) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (B) and (C), respectively; and
       (3) by adding at the end the following:
       ``(3) Federal share.--
       ``(A) Prior to fiscal year 2001.--Prior to October 1, 2000, 
     the Federal share of the cost of a project under this section 
     shall be 50 percent.
       ``(B) Fiscal year 2001 and thereafter.--For fiscal year 
     2001 and each fiscal year thereafter, a State shall be 
     eligible to receive moneys under this part for a fiscal year 
     only if the State agrees to expend from non-Federal sources 
     for carrying out projects under this part an amount equal to 
     20 percent of the amount received by the State under this 
     part in that fiscal year.''.
       (b) Administrative Costs.--Section 1302(d)(1) of such Act 
     (16 U.S.C. 1261(d)(1)) is amended--
       (1) by striking ``and'' at the end of subparagraph (C);
       (2) by redesignating subparagraph (D) as subparagraph (E); 
     and
       (3) by inserting after subparagraph (C) the following:
       ``(D) contracting for services with other land management 
     agencies; and''.
       (c) Environmental Mitigation.--
       (1) In general.--Section 1302(e) of such Act (16 U.S.C. 
     1261(e)) is amended--
       (A) by redesignating paragraphs (5), (6), (7), and (8) as 
     paragraphs (6), (7), (8), and (9), respectively; and
       (B) by inserting after paragraph (4) the following:
       ``(5) Environmental mitigation.--
       ``(A) Requirement.--To the extent practicable and 
     consistent with other requirements of this section, in 
     complying with paragraph (4), a State should give 
     consideration to project proposals that provide for the 
     redesign, reconstruction, nonroutine maintenance, or 
     relocation of trails in order to mitigate and minimize the 
     impact to the natural environment.
       ``(B) Guidance.--A recreational trail advisory board 
     satisfying the requirements of subsection (c)(2)(A) shall 
     issue guidance to a State for the purposes of implementing 
     subparagraph (A).
       (2) Conforming amendment.--Section 1302(e)(4) of such Act 
     (16 U.S.C. 1261(e)(4)) is amended by striking ``paragraphs 
     (6) and (8)(B)'' and inserting ``paragraphs (7) and (9)(B)''.
     
[[Page H12470]]

       (d) Return of Moneys Not Expended.--Section 1302(e)(9)(B) 
     of such Act, as redesignated by subsection (c)(1)(A), is 
     amended--
       (1) by inserting ``the State'' before ``may be exempted''; 
     and
       (2) by striking ``and expended or committed'' and all that 
     follows before the period.
       (e) Advisory Committee.--
       (1) In general.--Section 1303(b) of such Act (16 U.S.C. 
     1262(b)) is amended--
       (A) by striking ``11 members'' and inserting ``12 
     members'';
       (B) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (3), (4), and (5), respectively; and
       (C) by inserting after paragraph (1) the following:
       ``(2) 1 member appointed by the Secretary representing 
     individuals with disabilities;''.
       (2) Conforming amendment.--Section 1303(c) of such Act (16 
     U.S.C. 1262(c)) is amended by striking ``subsection (b)(2)'' 
     and inserting ``subsection (b)(3)''.
       (f) Funding.--Section 104 of title 23, United States Code, 
     is amended--
       (1) by redesignating subsection (h) as subsection (j); and
       (2) by inserting after subsection (g) the following:
       ``(h) National Recreational Trails Funding.--In addition to 
     funds made available from the National Recreational Trails 
     Trust Fund, the Secretary shall obligate, from administrative 
     funds (contract authority) 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. 338. INTELLIGENT TRANSPORTATION SYSTEMS.

       (a) Improved Collaboration in Intelligent Transportation 
     Systems Research and Development.--Section 6054 of the 
     Intermodal Surface Transportation Efficiency Act of 1991 (23 
     U.S.C. 307 note; 105 Stat. 2191-2192) 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 such Act 
     (23 U.S.C. 307 note; 105 Stat. 2194-2195) is amended--
       (1) in subsection (e) by striking ``until expended'' and 
     inserting ``for obligation in accordance with this section''; 
     and
       (2) by adding at the end the following:
       ``(f) Obligation of Funds.--
       ``(1) In general.--Funds made available pursuant to 
     subsections (a) and (b) on or after the date of the enactment 
     of this subsection and other funds made available on or 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 for which 
     the funds are made available. Funds made available pursuant 
     to subsections (a) and (b) before such date of enactment 
     shall remain available until expended.
       ``(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 project with respect to which funds may 
     be made available under subsection (a) or (b).''.
       (c) Conforming Amendments.--
       (1) Findings.--Section 6009(a)(6) of such Act (23 U.S.C. 
     307 note; 105 Stat. 2176) is amended by striking 
     ``intelligent vehicle highway systems'' and inserting 
     ``intelligent transportation systems''.
       (2) Intelligent transportation systems generally.--Part B 
     of title VI of such Act (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(a)(2)(A) by striking ``intelligent 
     vehicle-highway'' and inserting ``intelligent transportation 
     systems'';
       (E) in the subsection heading for section 6054(b) by 
     striking ``Intelligent Vehicle-Highway Systems'' and 
     inserting ``Intelligent Transportation Systems'';
       (F) in the subsection heading for section 6056(a) by 
     striking ``IVHS'' and inserting ``ITS'';
       (G) in the subsection heading for each of subsections (a) 
     and (b) of section 6058 by striking ``IVHS'' and inserting 
     ``ITS''; and
       (H) in the paragraph heading for section 6059(1) by 
     striking ``IVHS'' and inserting ``ITS''.
       (3) DOT appropriations act.--Section 310(c)(3) of the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 1995 (23 U.S.C. 104 note; 108 Stat. 2489-
     2490) is amended by striking ``intelligent vehicle highway 
     systems'' and inserting ``intelligent transportation 
     systems''.
       (4) HAZMAT.--Section 109(a) of the Hazardous Materials 
     Transportation Authorization Act of 1994 (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''.
       (5) University research institute.--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. 339. ELIGIBILITY.

       (a) Pennsylvania Turnpike and I-95.--
       (1) Reconstruction and widening.--The project authorized by 
     section 162 of the Surface Transportation Assistance Act of 
     1982 (96 Stat. 2136) shall include reconstruction and 
     widening to 6 lanes of existing Interstate Route 95 and of 
     the Pennsylvania Turnpike from United States Route 1 to the 
     junction with the New Jersey Turnpike, including the 
     structure over the Delaware River.
       (2) Federal share.--Notwithstanding any other provision of 
     law, the Federal share payable on account of the project 
     referred to in paragraph (1), including the additional 
     through roadway and bridge travel lanes, shall be 90 percent 
     of the cost of the project.
       (3) Tolls.--Notwithstanding section 301 of title 23, United 
     States Code, the project for construction of an interchange 
     between the Pennsylvania Turnpike and Interstate Route 95, 
     including the widening of the Pennsylvania Turnpike, shall be 
     treated as a reconstruction project described in section 
     129(a)(1)(B) of such title and tolls may be continued on all 
     traffic on the Pennsylvania Turnpike between United States 
     Route 1 and the New Jersey Turnpike.
       (b) Type II Noise Barriers.--
       (1) General rule.--No funds made available out of the 
     Highway Trust Fund may be used to construct Type II noise 
     barriers (as defined by section 772.5(i) of title 23, Code of 
     Federal Regulations) pursuant to subsections (h) and (i) of 
     section 109 of title 23, United States Code, if such barriers 
     were not part of a project approved by the Secretary before 
     the date of the enactment of this Act.
       (2) Exceptions.--Paragraph (1) shall not apply to 
     construction of Type II noise barriers along lands that were 
     developed or were under substantial construction before 
     approval of the acquisition of the rights-of-ways for, or 
     construction of, the existing highway.
       (c) Route Segments in Wyoming.--
       (1) In general.--The Secretary shall cooperate with the 
     State of Wyoming in monitoring the changes in growth along, 
     and traffic patterns of, the route segments in Wyoming 
     described in paragraph (2), for the purpose of future 
     consideration of the addition of the route segments to the 
     National Highway System in accordance with section 103(b)(6) 
     of title 23, United States Code.
       (2) Route segments.--The route segments referred to in 
     paragraph (1) are--
       (A) United States Route 191 from Rock Springs to Hoback 
     Junction;
       (B) United States Route 16 from Worland to Interstate Route 
     90; and
       (C) Wyoming Route 59 from Douglas to Gillette.
       (d) Orange Street Bridge, Missoula, Montana.--
     Notwithstanding section 149 of title 23, United States Code, 
     or any other provision of law, a project to construct new 
     capacity for the Orange Street Bridge in Missoula, Montana, 
     shall be eligible for funding under the congestion mitigation 
     and air quality improvement program established under such 
     section.
       (e) National Railroad Passenger Corporation Line.--The 
     improvements to, or adjacent to, the main line of the 
     National Railroad Passenger Corporation between milepost 
     190.23 at Central Falls, Rhode Island, and milepost 168.53 at 
     Davisville, Rhode Island, that are necessary to support the 
     rail movement of freight shall be eligible for funds 
     apportioned under sections 103(e)(4), 104(b)(2), and 
     104(b)(3) of title 23, United States Code.
       (f) Pocono Northeast Railway Company Line.--The 
     improvements to the former Pocono Northeast Railway Company 
     freight rail line by the Luzerne County Redevelopment 
     Authority that are necessary to support the rail movement of 
     freight shall be eligible for funds apportioned under 
     sections 104(b)(2) and 104(b)(3) of title 23, United States 
     Code.
       (g) Brightman Street Bridge, Fall River Harbor, 
     Massachusetts.--Notwithstanding any other provision of law, 
     the Brightman Street Bridge in Fall River Harbor, 
     Massachusetts, may be reconstructed to result in a clear 
     channel width of less than 300 feet.
       (h) Atlantic Intracoastal Waterway Bridge Replacement at 
     Great Bridge, Chesapeake, Virginia.--The project for 
     navigation at Great Bridge, Virginia, Highway 168, over the 
     Atlantic Intracoastal Waterway in Chesapeake, Virginia: 
     Report of the Chief of Engineers, dated July 1, 1994, at a 
     total cost of $23,680,000, with an estimated Federal cost of 
     $20,341,000 and an estimated non-Federal cost of $3,339,000. 
     The city of Chesapeake shall assume full ownership of the 
     replacement bridge to be constructed under the project, 
     including all associated operation, maintenance, repair, 
     replacement, and rehabilitation costs.
       (i) Federal Lands Highways Program.--Notwithstanding 
     section 101(a) of title 23, United States Code, and the 
     requirements of 

[[Page H12471]]
     sections 202 and 204 of such title, the highway projects described in 
     section 149(a)(62) of the Surface Transportation and Uniform 
     Relocation Assistance Act of 1987 (101 Stat. 191), section 1 
     of Public Law 100-211 (101 Stat. 1442), and Public Law 99-647 
     (100 Stat. 3625) and projects on State Highway 488 within the 
     Great Basin National Park, Nevada, and United States Route 93 
     from Somers to Whitefish, Montana, shall be eligible for 
     assistance under sections 202 and 204 of such title. Any 
     funds allocated for fiscal year 1996 and thereafter for such 
     projects as a result of enactment of this subsection shall 
     not affect the apportionment adjustments made under section 
     1015 of the Intermodal Surface Transportation Efficiency Act 
     of 1991.
       (j) Alameda Transportation Corridor, California.--Funds 
     apportioned to the State of California under section 
     104(b)(1) of title 23, United States Code, for the National 
     Highway System may be obligated for construction of, and 
     operational improvements for, grade separation projects for 
     the Alameda Transportation Corridor along Alameda Street from 
     the entrance to the ports of Los Angeles and Long Beach to 
     Interstate Route 10, Los Angeles, California. The Federal 
     share of the costs of such projects shall be determined in 
     accordance with section 120(b) of such title.

     SEC. 340. MISCELLANEOUS CORRECTIONS TO SURFACE TRANSPORTATION 
                   AND UNIFORM RELOCATION ASSISTANCE ACT OF 1987.

       (a) 34th Street Corridor Project in Moorhead, Minnesota.--
     Section 149(a)(5)(A) of the Surface Transportation and 
     Uniform Relocation Assistance Act of 1987 (101 Stat. 181), 
     relating to Minnesota, is amended--
       (1) by striking ``and'' at the end of clause (i); and
       (2) by inserting ``and (iii) a safety overpass,'' after 
     ``interchange,''.
       (b) California.--Section 149(a)(69) of such Act (101 Stat. 
     191), relating to Burbank-Glendale-Pasadena Airport, 
     California, is amended--
       (1) by striking ``highway'';
       (2) by striking ``and construction of terminal and parking 
     facilities at such airport''; and
       (3) by striking ``by making'' and all that follows through 
     the period at the end of the second sentence and inserting 
     the following: ``by preparing a feasibility study and 
     conducting preliminary engineering, design, and construction 
     of a link between such airport and the commuter rail system 
     that is being developed by the Los Angeles County 
     Metropolitan Transportation Authority.''.
       (c) Pennsylvania.--Section 149(a)(74) of such Act (101 
     Stat. 192) is amended--
       (1) by striking ``Chambersburg, pennsylvania'' in the 
     paragraph heading and inserting ``Pennsylvania''; and
       (2) by inserting before the period at the end the 
     following: ``and other projects in the counties of Bedford, 
     Blair, Centre, Franklin, and Huntingdon, Pennsylvania''.
       (d) Louisiana.--
       (1) Rural access project.--Section 149(a)(87) of the 
     Surface Transportation and Uniform Relocation Assistance Act 
     of 1987 (101 Stat. 194) is amended--
       (A) by striking ``West calcasieu parish, louisiana'' and 
     inserting ``Louisiana''; and
       (B) by inserting before the period at the end the 
     following: ``and construction of roads and a bridge to 
     provide access to the Rose Bluff industrial area, Lake 
     Charles, Louisiana''.
       (2) I-10 exit ramp and other projects.--Section 149(a)(89) 
     of the Surface Transportation and Uniform Relocation 
     Assistance Act of 1987 (101 Stat. 194) is amended--
       (A) by inserting ``and lake charles'' after ``lafayette'' 
     in the paragraph heading; and
       (B) by inserting before the period at the end the 
     following: ``and, of amounts made available to carry out this 
     paragraph, may use up to $456,022 to carry out a 
     comprehensive transportation and land use plan for Lafayette, 
     Louisiana, $1,000,000 to carry out a project to construct an 
     exit ramp from the eastbound side of Interstate Route 10 to 
     Ryan Street in Lake Charles, Louisiana, and $269,661 to carry 
     out projects described in paragraph (90)''.
       (3) Contraband bridge.--Section 149(a)(90) of such Act (101 
     Stat. 194) is amended--
       (A) by inserting ``and lake charles'' after ``lafayette'' 
     in the paragraph heading; and
       (B) by inserting before the period at the end ``and a 
     project to construct the Contraband Bridge portion of the 
     Nelson Access Road Project''.
       (e) Maryland.--Section 149(a)(92) of such Act (101 Stat. 
     194) is amended--
       (1) by striking ``United states route 48'' in the paragraph 
     heading and inserting ``Washington and frederick counties''; 
     and
       (2) by inserting ``and to construct an interchange between 
     Interstate Route 70 and Interstate Route 270 in Frederick 
     County, Maryland'' after ``Mountain Road''.
       (f) North Dakota.--Of funds remaining available for 
     obligation under sections 149(a)(111)(C), 149(a)(111)(E), 
     149(a)(111)(J), 149(a)(111)(K), 149(a)(111)(L), 
     149(a)(111)(M), and 149(a)(112) of the Surface Transportation 
     and Uniform Relocation Assistance Act of 1987, $217,440 shall 
     be made available for the repair of County Road 8 west of 
     Lawton, Ramsey County, North Dakota. The remainder of such 
     funds shall be made available to the North Dakota department 
     of transportation for flood prevention and repair activities 
     on North Dakota county roads on a Federal-aid system that are 
     threatened by flooding (as determined by the North Dakota 
     department of transportation).

     SEC. 341. ACCESSIBILITY OF OVER-THE-ROAD BUSES TO INDIVIDUALS 
                   WITH DISABILITIES.

       Section 306(a)(2)(B)(iii) of the Americans With 
     Disabilities Act of 1990 (42 U.S.C. 12186(a)(2)(B)(iii)) is 
     amended--
       (1) in subclause (I) by striking ``7 years after the date 
     of the enactment of this Act'' and inserting ``3 years after 
     the date of issuance of final regulations under clause 
     (ii)''; and
       (2) in subclause (II) by striking ``6 years after such date 
     of enactment'' and inserting ``2 years after the date of 
     issuance of such final regulations''.

     SEC. 342. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.

       (a) Mass Transit Testing.--Section 5331(b) of title 49, 
     United States Code, is amended by striking the subsection 
     designation and all that follows through paragraph (1)(A) and 
     inserting the following:
       ``(b) Testing Program for Mass Transportation Employees.--
     (1)(A) In the interest of mass transportation safety, the 
     Secretary shall prescribe regulations that establish a 
     program requiring mass transportation operations that receive 
     financial assistance under section 5307, 5309, or 5311 of 
     this title or section 103(e)(4) of title 23 to conduct 
     preemployment, reasonable suspicion, random, and post-
     accident testing of mass transportation employees responsible 
     for safety-sensitive functions (as decided by the Secretary) 
     for the use of a controlled substance in violation of law or 
     a United States Government regulation, and to conduct 
     reasonable suspicion, random, and post-accident testing of 
     such employees for the use of alcohol in violation of law or 
     a United States Government regulation. The regulations shall 
     permit such operations to conduct preemployment testing of 
     such employees for the use of alcohol.''.
       (b) Railroad Testing.--Section 20140(b)(1)(A) of title 49, 
     United States Code, is amended to read as follows:
       ``(A) a railroad carrier to conduct preemployment, 
     reasonable suspicion, random, and post-accident testing of 
     all railroad employees responsible for safety-sensitive 
     functions (as decided by the Secretary) for the use of a 
     controlled substance in violation of law or a United States 
     Government regulation, and to conduct reasonable suspicion, 
     random, and post-accident testing of such employees for the 
     use of alcohol in violation of law or a United States 
     Government regulation; the regulations shall permit such 
     railroad carriers to conduct preemployment testing of such 
     employees for the use of alcohol; and''.
       (c) Motor Carrier Testing.--Section 31306(b) of such title 
     is amended by striking the subsection designation and all 
     that follows through paragraph (1)(A) and inserting the 
     following:
       ``(b) Testing Program for Operators of Commercial Motor 
     Vehicles.--(1)(A) In the interest of commercial motor vehicle 
     safety, the Secretary of Transportation shall prescribe 
     regulations that establish a program requiring motor carriers 
     to conduct preemployment, reasonable suspicion, random, and 
     post-accident testing of operators of commercial motor 
     vehicles for the use of a controlled substance in violation 
     of law or a United States Government regulation and to 
     conduct reasonable suspicion, random, and post-accident 
     testing of such operators for the use of alcohol in violation 
     of law or a United States Government regulation. The 
     regulations shall permit such motor carriers to conduct 
     preemployment testing of such employees for the use of 
     alcohol.''.
       (d) Aviation Testing.--
       (1) Program for employees of air carriers and foreign air 
     carriers.--Section 45102(a) of title 49, United States Code, 
     is amended by striking the subsection designation and all 
     that follows through paragraph (1) and inserting the 
     following:
       ``(a) Program for Employees of Air Carriers and Foreign Air 
     Carriers.--(1) In the interest of aviation safety, the 
     Administrator of the Federal Aviation Administration shall 
     prescribe regulations that establish a program requiring air 
     carriers and foreign air carriers to conduct preemployment, 
     reasonable suspicion, random, and post-accident testing of 
     airmen, crew members, airport security screening contract 
     personnel, and other air carrier employees responsible for 
     safety-sensitive functions (as decided by the Administrator) 
     for the use of a controlled substance in violation of law or 
     a United States Government regulation; and to conduct 
     reasonable suspicion, random, and post-accident testing of 
     airmen, crew members, airport security screening contract 
     personnel, and other air carrier employees responsible for 
     safety-sensitive functions (as decided by the Administrator) 
     for the use of alcohol in violation of law or a United States 
     Government regulation. The regulations shall permit air 
     carriers and foreign air carriers to conduct preemployment 
     testing of airmen, crew members, airport security screening 
     contract personnel, and other air carrier employees 
     responsible for safety-sensitive functions (as decided by the 
     Administrator) for the use of alcohol.''.
       (2) Program for employees of the federal aviation 
     administration.--Section 45102(b) of title 49, United States 
     Code, is amended by striking the subsection designation and 
     all that follows through paragraph (1) and inserting the 
     following:
       ``(b) Program for Employees of the Federal Aviation 
     Administration.--(1) The Administrator shall establish a 
     program of 

[[Page H12472]]
     preemployment, reasonable suspicion, random, and post-accident testing 
     for the use of a controlled substance in violation of law or 
     a United States Government regulation for employees of the 
     Administration whose duties include responsibility for 
     safety-sensitive functions and shall establish a program of 
     reasonable suspicion, random, and post-accident testing for 
     the use of alcohol in violation of law or a United States 
     Government regulation for such employees. The Administrator 
     may establish a program of preemployment testing for the use 
     of alcohol for such employees.''.

     SEC. 343. NATIONAL DRIVER REGISTER.

       Section 30308(a) of title 49, United States Code, is 
     amended by striking ``and $2,550,000 for fiscal year 1995'' 
     and inserting ``and $2,550,000 for each of fiscal years 1995 
     and 1996''.

     SEC. 344. COMMERCIAL MOTOR VEHICLE SAFETY PILOT PROGRAM.

       Section 31136(e) of title 49, United States Code, is 
     amended--
       (1) by inserting ``(1) In general.--'' before ``After'';
       (2) by indenting paragraph (1), as designated by paragraph 
     (1) of this section, and moving that paragraph 2 ems to the 
     right; and
       (3) by adding at the end the following:
       ``(2) Commercial motor vehicle safety pilot program.--
       ``(A) In general.--Not later than the 270th day following 
     the date of the enactment of this paragraph, the Secretary 
     shall implement a commercial motor vehicle regulatory relief 
     and safety pilot program (hereinafter in this paragraph 
     referred to as the `program') to grant and to monitor 
     exemptions from the provisions of this section and sections 
     504 and 31502. The program shall provide that the Secretary, 
     within 120 days after receiving an application for 
     participation in the program from an employer, shall 
     determine whether to exempt some or all of the eligible 
     vehicles operated by the applicant, and some or all of the 
     drivers of such vehicles employed by the applicant, from some 
     or all of the regulations prescribed under this section and 
     sections 504 and 31502--
       ``(i) if the applicant has a satisfactory safety rating 
     issued by the Secretary or meets criteria established by the 
     Secretary pursuant to subparagraph (J) instead of such 
     rating; and
       ``(ii) if the applicant and the Secretary enter into an 
     agreement that provides that the applicant while 
     participating in the program--

       ``(I) shall operate safely;
       ``(II) shall provide the Secretary with accident and 
     nonconfidential insurance-related information relevant to the 
     safety performance of the applicant and vehicles and drivers 
     of the applicant subject to the program;
       ``(III) shall use in the program only drivers with good 
     safety records in the preceding 36 months and who maintain 
     such good safety records while in the program; and
       ``(IV) shall implement such safety management controls as 
     the Secretary (in cooperation with the applicant) determines 
     are necessary to carry out the objectives of this subsection.

       ``(B) Safety management controls.--Safety management 
     controls implemented by participants in the program shall be 
     designed to achieve a level of operational safety equal to or 
     greater than that resulting from compliance with the 
     regulations prescribed under this section and sections 504 
     and 31502.
       ``(C) Paperwork burden to be minimized.--The Secretary 
     shall ensure that participants in the program are subject to 
     a minimum of paperwork and regulatory burdens necessary to 
     ensure compliance with the requirements of the program.
       ``(D) Encouragement of advanced technology.--The Secretary 
     shall encourage participants in the program to use such 
     advanced technologies as may be necessary to ensure 
     compliance with the requirements of the program.
       ``(E) Approval factors.--In approving applicants for 
     participation in the program, the Secretary shall--
       ``(i) ensure that the participants represent a broad cross-
     section of fleet size and drivers of eligible vehicles; and
       ``(ii) ensure participation by qualified applicants, except 
     to the extent limited by resources of the Secretary that are 
     necessary to permit effective monitoring under subparagraph 
     (G).
       ``(F) Modifications to reflect changes in regulations.--If 
     there is a material change in the regulations prescribed 
     under this section or section 504 or 31502, the Secretary 
     shall require each participant in the program to modify the 
     safety management controls applicable to such participant, 
     and the agreement provided for in subparagraph (A)(ii), to 
     the extent necessary to reflect the material change.
       ``(G) Monitoring.--The Secretary and participants in the 
     program shall monitor periodically the safety of vehicles and 
     drivers subject to the program.
       ``(H) Termination of participation.--A participant shall 
     participate in the program until--
       ``(i) the Secretary finds that--

       ``(I) the participant has exceeded the average ratio of 
     preventable accidents to vehicle miles traveled for a period 
     of 12 months for eligible vehicles;
       ``(II) the participant has failed to comply with the 
     requirements established by the Secretary for participation 
     in the program (including applicable safety management 
     controls); or
       ``(III) continued participation in the program is not in 
     the public interest; or

       ``(ii) the participant voluntarily withdraws from the 
     program.
       ``(I) Emergencies.--The Secretary may suspend or modify 
     participation in the program in case of emergency.
       ``(J) Guidelines.--
       ``(i) In general.--Not later than the 270th day following 
     the date of the enactment of this paragraph, the Secretary, 
     after notice and opportunity for comment, shall establish 
     criteria and define any terms necessary for implementing the 
     program consistent with this section. In establishing the 
     criteria, the Secretary may consider to what extent and under 
     what conditions safety management controls may substitute, in 
     whole or in part, for compliance with some or all of the 
     regulations prescribed under this section and sections 504 
     and 31502.
       ``(ii) Limitation.--Notwithstanding clause (i), the program 
     shall take effect on or before the 270th day following the 
     date of the enactment of this paragraph. If the rulemaking 
     described in clause (i) is not completed on or before such 
     270th day, the Secretary shall issue interim criteria, 
     consistent with this section, pending the completion of the 
     rulemaking described in this subsection.
       ``(K) Eligible vehicles.--For purposes of this subsection, 
     the term `eligible vehicle' means a commercial motor vehicle 
     with a gross vehicle weight rating of at least 10,001 pounds, 
     but not more than 26,000 pounds, other than a vehicle--
       ``(i) designed to transport more than 15 passengers, 
     including the driver; or
       ``(ii) used in transporting material found by the Secretary 
     to be hazardous under section 5103 and transported in a 
     quantity requiring placarding under the regulations issued 
     under such section.
       ``(3) Review of regulations.--Based in part on the 
     information and experience obtained from the program, the 
     Secretary shall conduct a zero-based review of the need for, 
     and the costs and benefits of, all regulations prescribed 
     under this section and sections 504 and 31502 to determine 
     whether and to what extent such regulations should apply to 
     eligible vehicles. The review shall focus on the appropriate 
     level of safety that is in the public interest and the 
     paperwork and regulatory burdens of such regulations as the 
     regulations apply to employers and employees that use such 
     vehicles. The Secretary shall complete the review by the last 
     day of the 3-year period beginning on the date of the 
     enactment of this paragraph. Upon completion of the review, 
     the Secretary shall, after notice and an opportunity for 
     public comment, grant such exemptions or modify or repeal 
     existing regulations to the extent appropriate.''.

     SEC. 345. EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL 
                   MOTOR VEHICLES AND THEIR OPERATORS.

       (a) Exemptions.--
       (1) Transportation of agricultural commodities and farm 
     supplies.--Regulations prescribed by the Secretary under 
     sections 31136 and 31502 of title 49, United States Code, 
     regarding maximum driving and on-duty time for drivers used 
     by motor carriers shall not apply to drivers transporting 
     agricultural commodities or farm supplies for agricultural 
     purposes in a State if such transportation is limited to an 
     area within a 100 air mile radius from the source of the 
     commodities or the distribution point for the farm supplies 
     and is during the planting and harvesting seasons within such 
     State, as determined by the State.
       (2) Transportation and operation of ground water well 
     drilling rigs.--Such regulations shall, in the case of a 
     driver of a commercial motor vehicle who is used primarily in 
     the transportation and operation of a ground water well 
     drilling rig, permit any period of 7 or 8 consecutive days to 
     end with the beginning of an off-duty period of 24 or more 
     consecutive hours for the purposes of determining maximum 
     driving and on-duty time.
       (3) Transportation of construction materials and 
     equipment.--Such regulations shall, in the case of a driver 
     of a commercial motor vehicle who is used primarily in the 
     transportation of construction materials and equipment, 
     permit any period of 7 or 8 consecutive days to end with the 
     beginning of an off-duty period of 24 or more consecutive 
     hours for the purposes of determining maximum driving and on-
     duty time.
       (4) Drivers of utility service vehicles.--Such regulations 
     shall, in the case of a driver of a utility service vehicle, 
     permit any period of 7 or 8 consecutive days to end with the 
     beginning of an off-duty period of 24 or more consecutive 
     hours for the purposes of determining maximum driving and on-
     duty time.
       (5) Snow and ice removal.--A State may waive the 
     requirements of chapter 313 of title 49, United States Code, 
     with respect to a vehicle that is being operated within the 
     boundaries of an eligible unit of local government by an 
     employee of such unit for the purpose of removing snow or ice 
     from a roadway by plowing, sanding, or salting. Such waiver 
     authority shall only apply in a case where the employee is 
     needed to operate the vehicle because the employee of the 
     eligible unit of local government who ordinarily operates the 
     vehicle and who has a commercial drivers license is unable to 
     operate the vehicle or is in need of additional assistance 
     due to a snow emergency.
     
[[Page H12473]]

       (b) Preemption.--Nothing contained in this section shall 
     require the preemption of State laws and regulations 
     concerning the safe operation of commercial motor vehicles as 
     the result of exemptions from Federal requirements provided 
     under this section.
       (c) Review by the Secretary.--The Secretary may conduct a 
     rulemaking proceeding to determine whether granting any 
     exemption provided by subsection (a) (other than paragraph 
     (2)) is not in the public interest and would have a 
     significant adverse impact on the safety of commercial motor 
     vehicles. If, at any time as a result of such a proceeding, 
     the Secretary determines that granting such exemption would 
     not be in the public interest and would have a significant 
     adverse impact on the safety of commercial motor vehicles, 
     the Secretary may prevent the exemption from going into 
     effect, modify the exemption, or revoke the exemption. The 
     Secretary may develop a program to monitor the exemption, 
     including agreements with carriers to permit the Secretary to 
     examine insurance information maintained by an insurer on a 
     carrier.
       (d) Report.--The Secretary shall monitor the commercial 
     motor vehicle safety performance of drivers of vehicles that 
     are subject to an exemption under this section. If the 
     Secretary determines that public safety has been adversely 
     affected by an exemption granted under this section, the 
     Secretary shall report to Congress on the determination.
       (e) Definitions.--In this section, the following 
     definitions apply:
       (1) 7 or 8 consecutive days.--The term ``7 or 8 consecutive 
     days'' means the period of 7 or 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.
       (4) Transportation of construction materials and 
     equipment.--The term ``transportation of construction 
     materials and equipment'' means the transportation of 
     construction and pavement materials, construction equipment, 
     and construction maintenance vehicles, by a driver to or from 
     an active construction site (a construction site between 
     initial mobilization of equipment and materials to the site 
     to the final completion of the construction project) within a 
     50 air mile radius of the normal work reporting location of 
     the driver. This paragraph does not apply to the 
     transportation of material found by the Secretary to be 
     hazardous under section 5103 of title 49, United States Code, 
     in a quantity requiring placarding under regulations issued 
     to carry out such section.
       (5) Eligible unit of local government.--The term ``eligible 
     unit of local government'' means a city, town, borough, 
     county, parish, district, or other public body created by or 
     pursuant to State law which has a total population of 3,000 
     individuals or less.
       (6) Utility service vehicle.--The term ``utility service 
     vehicle'' means any commercial motor vehicle--
       (A) used in the furtherance of repairing, maintaining, or 
     operating any structures or any other physical facilities 
     necessary for the delivery of public utility services, 
     including the furnishing of electric, gas, water, sanitary 
     sewer, telephone, and television cable or community antenna 
     service;
       (B) while engaged in any activity necessarily related to 
     the ultimate delivery of such public utility services to 
     consumers, including travel or movement to, from, upon, or 
     between activity sites (including occasional travel or 
     movement outside the service area necessitated by any utility 
     emergency as determined by the utility provider); and
       (C) except for any occasional emergency use, operated 
     primarily within the service area of a utility's subscribers 
     or consumers, without regard to whether the vehicle is owned, 
     leased, or rented by the utility.
       (f) Effective Date.--Subsection (a) of this section shall 
     take effect on the 180th day following the date of the 
     enactment of this Act; except that paragraphs (1) and (2) of 
     subsection (a) shall take effect on such date of enactment.

     SEC. 346. WINTER HOME HEATING OIL DELIVERY STATE FLEXIBILITY 
                   PROGRAM.

       (a) In General.--After notice and opportunity for comment, 
     the Secretary shall develop and implement a pilot program for 
     the purpose of evaluating waivers of the regulations issued 
     by the Secretary pursuant to sections 31136 and 31502 of 
     title 49, United States Code, relating to maximum on-duty 
     time, and sections 31102 and 31104(j) of such title, relating 
     to the Motor Carrier Safety Assistance Program, to permit any 
     period of 7 or 8 consecutive days to end with the beginning 
     of an off-duty period of 24 or more consecutive hours for the 
     purposes of determining maximum on-duty time for drivers of 
     motor vehicles making intrastate home heating oil deliveries 
     that occur within 100 air miles of a central terminal or 
     distribution point of the delivery of such oil. The Secretary 
     may approve up to 5 States to participate in the pilot 
     program during the winter heating season in the 6-month 
     period beginning on November 1, 1996.
       (b) Approval Criteria.--The Secretary shall select States 
     to participate in the pilot program upon approval of 
     applications submitted by States to the Secretary. The 
     Secretary shall act on a State's application within 30 days 
     after the date of its submission. The Secretary may only 
     approve an application of a State under this section if the 
     Secretary finds, at a minimum, that--
       (1) a substantial number of the citizens of the State rely 
     on home heating oil for heat during winter months;
       (2) current maximum on-duty time regulations may endanger 
     the welfare of these citizens by impeding timely deliveries 
     of home heating oil;
       (3) the State will ensure an equal to or greater level of 
     safety with respect to home heating oil deliveries than the 
     level of safety resulting from compliance with the 
     regulations referred to in subsection (a);
       (4) the State will monitor the safety of home heating oil 
     deliveries while participating in the program;
       (5) employers of deliverers of home heating oil that will 
     be covered by the program will agree to make all safety data 
     developed from the pilot program available to the State and 
     to the Secretary;
       (6) the State will only permit employers of deliverers of 
     home heating oil with satisfactory safety records to be 
     covered by the program; and
       (7) the State will comply with such other criteria as the 
     Secretary determines are necessary to implement the program 
     consistent with this section.
       (c) Participation in Program.--Upon approval of an 
     application of a State under this section, the Secretary 
     shall permit the State to participate in the pilot program 
     for an initial period of 15 days during the winter heating 
     season of the State (as determined by the Governor and the 
     Secretary). If, after the last day of such 15-day period, the 
     Secretary finds that a State's continued participation in the 
     program is consistent with this section and has resulted in 
     no significant adverse impact on public safety and is in the 
     public interest, the Secretary shall extend the State's 
     participation in the program for periods of up to 30 
     additional days during such heating season.
       (d) Suspension From Program.--The Secretary may suspend a 
     State's participation in the pilot program at any time if the 
     Secretary finds--
       (1) that the State has not complied with any of the 
     criteria for participation in the program under this section;
       (2) that a State's participation in the program has caused 
     a significant adverse impact on public safety and is not in 
     the public interest; or
       (3) the existence of an emergency.
       (e) Review by Secretary.--Within 90 days after the 
     completion of the pilot program, the Secretary shall initiate 
     a rulemaking to determine, based in part on the results of 
     the program, whether to--
       (1) permit a State to grant waivers of the regulations 
     referred to in subsection (a) to motor carriers transporting 
     home heating oil within the borders of the State, subject to 
     such conditions as the Secretary may impose, if the Secretary 
     determines that such waivers by the State meet the conditions 
     in section 31136(e) of title 49, United States Code; or
       (2) amend the regulations referred to in subsection (a) as 
     may be necessary to provide flexibility to motor carriers 
     delivering home heating oil during winter periods of peak 
     demand.
       (f) Definition.--In this section, the term ``7 or 8 
     consecutive days'' has the meaning such term has under 
     section 345 of this Act.

     SEC. 347. SAFETY REPORT.

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

     SEC. 348. MORATORIUM ON CERTAIN EMISSIONS TESTING 
                   REQUIREMENTS.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency (hereinafter in this section referred to as 
     the ``Administrator'') shall not require adoption or 
     implementation by a State of a test-only I/M240 enhanced 
     vehicle inspection and maintenance program as a means of 
     compliance with section 182 or 187 of the Clean Air Act (42 
     U.S.C. 7511a; 7512a), but the Administrator may approve such 
     a program if a State chooses to adopt the program as a means 
     of compliance with such section.
       (b) Limitation on Plan Disapproval.--The Administrator 
     shall not disapprove or apply an automatic discount to a 
     State implementation plan revision under section 182 or 187 
     of the Clean Air Act (42 U.S.C. 7511a; 7512a) on the basis of 
     a policy, regulation, or guidance providing for a discount of 
     emissions credits because the inspection and maintenance 
     program in such plan revision is decentralized or a test-and-
     repair program.
       (c) Emissions Reduction Credits.--
       (1) State plan revision; approval.--Within 120 days of the 
     date of the enactment of 

[[Page H12474]]
     this subsection, a State may submit an implementation plan revision 
     proposing an interim inspection and maintenance program under 
     section 182 or 187 of the Clean Air Act (42 U.S.C. 7511a; 
     7512a). The Administrator shall approve the program based on 
     the full amount of credits proposed by the State for each 
     element of the program if the proposed credits reflect good 
     faith estimates by the State and the revision is otherwise in 
     compliance with such Act. If, within such 120-day period, the 
     State submits to the Administrator proposed revisions to the 
     implementation plan, has all of the statutory authority 
     necessary to implement the revisions, and has proposed a 
     regulation to make the revisions, the Administrator may 
     approve the revisions without regard to whether or not such 
     regulation has been issued as a final regulation by the 
     State.
       (2) Expiration of interim approval.--The interim approval 
     shall expire on the earlier of (A) the last day of the 18-
     month period beginning on the date of the interim approval, 
     or (B) the date of final approval. The interim approval may 
     not be extended.
       (3) Final approval.--The Administrator shall grant final 
     approval of the revision based on the credits proposed by the 
     State during or after the period of interim approval if data 
     collected on the operation of the State program demonstrates 
     that the credits are appropriate and the revision is 
     otherwise in compliance with the Clean Air Act.
       (4) Basis of approval; no automatic discount.--Any 
     determination with respect to interim or full approval shall 
     be based on the elements of the program and shall not apply 
     any automatic discount because the program is decentralized 
     or a test-and-repair program.

     SEC. 349. ROADS ON FEDERAL LANDS.

       (a) Moratorium.--
       (1) In general.--Notwithstanding any other provision of 
     law, no agency of the Federal Government may take any action 
     to prepare, promulgate, or implement any rule or regulation 
     addressing rights-of-way authorized pursuant to section 2477 
     of the Revised Statutes (43 U.S.C. 932), as such section was 
     in effect before October 21, 1976.
       (2) Sunset.--This subsection shall not be effective after 
     September 30, 1996.
       (b) Requirement of Transfer of County Road Corridors.--
       (1) Definitions.--In this subsection, the following 
     definitions apply:
       (A) County road corridor.--The term ``county road 
     corridor'' means a corridor that is comprised of--
       (i) a Shenandoah county road; and
       (ii) land contiguous to the road that is selected by the 
     Secretary of the Interior, in consultation with the Governor 
     of the State of Virginia, such that the width of the corridor 
     is 50 feet.
       (B) Shenandoah county road.--The term ``Shenandoah county 
     road'' means the portion of any of the following roads that 
     is located in the Shenandoah National Park and that has been 
     in general use as a public roadway prior to the date of the 
     enactment of this Act:
       (i) Madison County Route 600.
       (ii) Rockingham County Route 624.
       (iii) Rockingham County Route 625.
       (iv) Rockingham County Route 626.
       (v) Warren County Route 604.
       (vi) Page County Route 759.
       (vii) Page County Route 611.
       (viii) Page County Route 682.
       (ix) Page County Route 662.
       (x) Augusta County Route 611.
       (xi) Augusta County Route 619.
       (xii) Albemarle County Route 614.
       (xiii) Augusta County Route 661.
       (xiv) Rockingham County Route 663.
       (xv) Rockingham County Route 659.
       (xvi) Page County Route 669.
       (xvii) Rockingham County Route 661.
       (xviii) Criser Road (to the town of Front Royal).
       (xix) The Government-owned parcel connecting Criser Road to 
     the Warren County School Board parcel.
       (2) Purpose.--The purpose of this subsection is to permit 
     the State of Virginia to maintain and provide for safe public 
     use of certain roads that the State donated to the United 
     States at the time of the establishment of Shenandoah 
     National Park.
       (3) Transfer.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of the Interior 
     shall transfer to the State of Virginia, without 
     consideration or reimbursement, all right, title, and 
     interest of the United States in and to each county road 
     corridor.
       (4) Reversion.--A transfer under paragraph (3) shall be 
     subject to the condition that if at any time a county road 
     corridor is withdrawn from general use as a public roadway, 
     all right, title, and interest in the county road corridor 
     shall revert to the United States.

     SEC. 350. STATE INFRASTRUCTURE BANK PILOT PROGRAM.

       (a) In General.--
       (1) Cooperative agreements.--Subject to the provisions of 
     this section, the Secretary may enter into cooperative 
     agreements with not to exceed 10 States for the establishment 
     of State infrastructure banks and multistate infrastructure 
     banks for making loans and providing other assistance to 
     public and private entities carrying out or proposing to 
     carry out projects eligible for assistance under this 
     section.
       (2) Interstate compacts.--Congress grants consent to 2 or 
     more of the States, entering into a cooperative agreement 
     under paragraph (1) with the Secretary for the establishment 
     of a multistate infrastructure bank, to enter into an 
     interstate compact establishing such bank in accordance with 
     this section.
       (b) Funding.--
       (1) Separate accounts.--An infrastructure bank established 
     under this section shall maintain a separate highway account 
     for Federal funds contributed to the bank under paragraph (2) 
     and a separate transit account for Federal funds contributed 
     to the bank under paragraph (3). No Federal funds contributed 
     or credited to an account of an infrastructure bank 
     established under this section may be commingled with Federal 
     funds contributed or credited to any other account of such 
     bank.
       (2) Highway account.--Notwithstanding any other provision 
     of law, the Secretary may allow, subject to subsection 
     (g)(1), a State entering into a cooperative agreement under 
     this section to contribute not to exceed--
       (A) 10 percent of the funds apportioned to the State for 
     each of fiscal years 1996 and 1997 under each of sections 
     104(b)(1), 104(b)(3), 104(b)(5)(B), 144, and 160 of title 23, 
     United States Code, and section 1015 of the Intermodal 
     Surface Transportation Efficiency Act of 1991; and
       (B) 10 percent of the funds allocated to the State for each 
     of such fiscal years under each of section 157 of such title 
     and section 1013(c) of such Act;

     into the highway account of the infrastructure bank 
     established by the State. Federal funds contributed to such 
     account under this paragraph shall constitute for purposes of 
     this section a capitalization grant for the highway account 
     of the infrastructure bank.
       (3) Transit account.--Notwithstanding any other provision 
     of law, the Secretary may allow, subject to subsection 
     (g)(1), a State entering into a cooperative agreement under 
     this section, and any other Federal transit grant recipient, 
     to contribute not to exceed 10 percent of the funds made 
     available to the State or other Federal transit grant 
     recipient in each of fiscal years 1996 and 1997 for capital 
     projects under sections 5307, 5309, and 5311 of title 49, 
     United States Code, into the transit account of the 
     infrastructure bank established by the State. Federal funds 
     contributed to such account under this paragraph shall 
     constitute for purposes of this section a capitalization 
     grant for the transit account of the infrastructure bank.
       (4) Special rule for urbanized areas of over 200,000.--
     Funds that are apportioned or allocated to a State under 
     section 104(b)(3) or 160 of title 23, United States Code, or 
     under section 1013(c) or 1015 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 and attributed to 
     urbanized areas of a State with an urbanized population of 
     over 200,000 under section 133(d)(3) of such title may be 
     used to provide assistance with respect to a project only if 
     the metropolitan planning organization designated for such 
     area concurs, in writing, with the provision of such 
     assistance.
       (c) Forms of Assistance From Infrastructure Banks.--An 
     infrastructure bank established under this section may make 
     loans or provide other assistance to a public or private 
     entity in an amount equal to all or part of the cost of 
     carrying out a project eligible for assistance under this 
     section. The amount of any loan or other assistance provided 
     for such project may be subordinated to any other debt 
     financing for the project. Initial assistance provided with 
     respect to a project from Federal funds contributed to an 
     infrastructure bank under this section may not be made in the 
     form of a grant.
       (d) Qualifying Projects.--Federal funds in the highway 
     account of an infrastructure bank established under this 
     section may be used only to provide assistance with respect 
     to construction of Federal-aid highways. Federal funds in the 
     transit account of such bank may be used only to provide 
     assistance with respect to capital projects.
       (e) Infrastructure Bank Requirements.--In order to 
     establish an infrastructure bank under this section, each 
     State establishing the bank shall--
       (1) contribute, at a minimum, in each account of the bank 
     from non-Federal sources an amount equal to 25 percent of the 
     amount of each capitalization grant made to the State and 
     contributed to the bank; except that if the contribution is 
     into the highway account of the bank and the State has a 
     lower non-Federal share under section 120(b) of title 23, 
     United States Code, such percentage shall be adjusted by the 
     Secretary to correspond with such lower non-Federal share;
       (2) ensure that the bank maintains on a continuing basis an 
     investment grade rating on its debt issuances or has a 
     sufficient level of bond or debt financing instrument 
     insurance to maintain the viability of the bank;
       (3) ensure that investment income generated by funds 
     contributed to an account of the bank will be--
       (A) credited to the account;
       (B) available for use in providing loans and other 
     assistance to projects eligible for assistance from the 
     account; and
       (C) invested in United States Treasury securities, bank 
     deposits, or such other financing instruments as the 
     Secretary may approve to earn interest to enhance the 
     leveraging of projects assisted by the bank;
       (4) provide that the repayment of a loan or other 
     assistance from an account of the bank under this section 
     shall be consistent with 

[[Page H12475]]
     the repayment provisions of section 129(a)(7) of title 23, United 
     States Code, except to the extent the Secretary determines 
     that such provisions are not consistent with this section;
       (5) ensure that any loan from the bank will bear interest 
     at or below market interest rates, as determined by the 
     State, to make the project that is the subject of the loan 
     feasible;
       (6) ensure that repayment of any loan from the bank will 
     commence not later than 5 years after the project has been 
     completed or, in the case of a highway project, the facility 
     has opened to traffic, whichever is later;
       (7) ensure that the term for repaying any loan will not 
     exceed 30 years after the date of the first payment on the 
     loan under paragraph (6); and
       (8) require the bank to make an annual report to the 
     Secretary on its status no later than September 30, 1996, and 
     September 30, 1997, and to make such other reports as the 
     Secretary may require by guidelines.
       (f) Limitation on Repayments.--Notwithstanding any other 
     provision of law, the repayment of a loan or other assistance 
     provided from an infrastructure bank under this section may 
     not be credited towards the non-Federal share of the cost of 
     any project.
       (g) Secretarial Requirements.--In administering this 
     section, the Secretary shall--
       (1) ensure that Federal disbursements shall be at a rate 
     consistent with historic rates for the Federal-aid highway 
     program and the Federal transit program, respectively;
       (2) issue guidelines to ensure that all requirements of 
     title 23, United States Code, or title 49, United States 
     Code, that would otherwise apply to funds made available 
     under such title and projects assisted with such funds apply 
     to--
       (A) funds made available under such title and contributed 
     to an infrastructure bank established under this section; and
       (B) projects assisted by the bank through the use of such 
     funds;

     except to the extent that the Secretary determines that any 
     requirement of such title is not consistent with the 
     objectives of this section; and
       (3) specify procedures and guidelines for establishing, 
     operating, and providing assistance from the bank.
       (h) United States Not Obligated.--The contribution of 
     Federal funds into an infrastructure bank established under 
     this section shall not be construed as a commitment, 
     guarantee, or obligation on the part of the United States to 
     any third party, nor shall any third party have any right 
     against the United States for payment solely by virtue of the 
     contribution. Any security or debt financing instrument 
     issued by the infrastructure bank shall expressly state that 
     the security or instrument does not constitute a commitment, 
     guarantee, or obligation of the United States.
       (i) Management of Federal Funds.--Sections 3335 and 6503 of 
     title 31, United States Code, shall not apply to funds 
     contributed under this section.
       (j) Program Administration.--For each of fiscal years 1996 
     and 1997, a State may expend not to exceed 2 percent of the 
     Federal funds contributed to an infrastructure bank 
     established by the State under this section to pay the 
     reasonable costs of administering the bank.
       (k) Secretarial Review.--The Secretary shall review the 
     financial condition of each infrastructure bank established 
     under this section and transmit to Congress a report on the 
     results of such review not later than March 1, 1997. In 
     addition, the report shall contain--
       (1) an evaluation of the pilot program conducted under this 
     section and the ability of such program to increase public 
     investment and attract non-Federal capital; and
       (2) recommendations of the Secretary as to whether the 
     program should be expanded or made a part of the Federal-aid 
     highway and transit programs.
       (l) Definitions.--In this section, the following 
     definitions apply:
       (1) Capital project.--The term ``capital project'' has the 
     meaning such term has under section 5302 of title 49, United 
     States Code.
       (2) Construction; federal-aid highway.--The terms 
     ``construction'' and ``Federal-aid highway'' have the 
     meanings such terms have under section 101 of title 23, 
     United States Code.
       (3) Other assistance.--The term ``other assistance'' 
     includes any use of funds in an infrastructure bank--
       (A) to provide credit enhancements;
       (B) to serve as a capital reserve for bond or debt 
     instrument financing;
       (C) to subsidize interest rates;
       (D) to ensure the issuance of letters of credit and credit 
     instruments;
       (E) to finance purchase and lease agreements with respect 
     to transit projects;
       (F) to provide bond or debt financing instrument security; 
     and
       (G) to provide other forms of debt financing and methods of 
     leveraging funds that are approved by the Secretary and that 
     relate to the project with respect to which such assistance 
     is being provided.
       (4) State.--The term ``State'' has the meaning such term 
     has under section 101 of title 23, United States Code.

     SEC. 351. RAILROAD-HIGHWAY GRADE CROSSING SAFETY.

       (a) Intelligent Transportation Systems.--In implementing 
     the Intelligent Transportation Systems Act of 1991 (23 U.S.C. 
     307 note; 105 Stat. 2189-2195), the Secretary shall ensure 
     that the national intelligent transportation systems program 
     addresses, in a comprehensive and coordinated manner, the use 
     of intelligent transportation technologies to promote safety 
     at railroad-highway grade crossings. The Secretary shall 
     ensure that 2 or more operational tests funded under such Act 
     are designed to promote highway traffic safety and railroad 
     safety.
       (b) Safety Enforcement.--
       (1) Cooperation between federal and state agencies.--The 
     National Highway Traffic Safety Administration and the Office 
     of Motor Carriers within the Federal Highway Administration 
     shall cooperate and work, on a continuing basis, with the 
     National Association of Governors' Highway Safety 
     Representatives, the Commercial Vehicle Safety Alliance, and 
     Operation Lifesaver, Inc., to improve compliance with and 
     enforcement of laws and regulations pertaining to railroad-
     highway grade crossings.
       (2) Report.--Not later than June 1, 1998, the Secretary 
     shall submit to Congress a report indicating--
       (A) how the Department of Transportation worked with the 
     entities referred to paragraph (1) to improve the awareness 
     of the highway and commercial vehicle safety and law 
     enforcement communities of regulations and safety challenges 
     at railroad-highway grade crossings; and
       (B) how resources are being allocated to better address 
     these challenges and enforce such regulations.
       (c) Federal-State Partnership.--
       (1) Statement of policy.--
       (A) Hazards to safety.--Certain railroad-highway grade 
     crossings present inherent hazards to the safety of railroad 
     operations and to the safety of persons using those 
     crossings. It is in the public interest--
       (i) to promote grade crossing safety and reduce risk at 
     high risk railroad-highway grade crossings; and
       (ii) to reduce the number of grade crossings while 
     maintaining the reasonable mobility of the American people 
     and their property, including emergency access.
       (B) Effective programs.--Effective programs to reduce the 
     number of unneeded and unsafe railroad-highway grade 
     crossings require the partnership of Federal, State, and 
     local officials and agencies, and affected railroads.
       (C) Highway planning.--Promotion of a balanced national 
     transportation system requires that highway planning 
     specifically take into consideration grade crossing safety.
       (2) Partnership and oversight.--The Secretary shall 
     encourage each State to make progress toward achievement of 
     the purposes of this subsection.

     SEC. 352. COLLECTION OF BRIDGE TOLLS.

       Notwithstanding any other provision of law, tolls collected 
     for motor vehicles on any bridge connecting the boroughs of 
     Brooklyn, New York, and Staten Island, New York, shall 
     continue to be collected for only those vehicles exiting from 
     such bridge in Staten Island.

     SEC. 353. TRAFFIC CONTROL.

       (a) Signs.--Traffic control signs referred to in the 
     experimental project conducted in the State of Oregon in 
     December 1991 shall be deemed to comply with the requirements 
     of section 2B-4 of the Manual on Uniform Traffic Control 
     Devices of the Department of Transportation.
       (b) Stripes.--Notwithstanding any other provision of law, a 
     red, white, and blue center line in the Main Street of 
     Bristol, Rhode Island, shall be deemed to comply with the 
     requirements of section 3B-1 of the Manual on Uniform Traffic 
     Control Devices of the Department of Transportation.

     SEC. 354. PUBLIC USE OF REST AREAS.

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

     SEC. 355. SAFETY BELT USE LAW REQUIREMENTS FOR NEW HAMPSHIRE 
                   AND MAINE.

       (a) In General.--For purposes of this section and section 
     153 of title 23, United States Code, the States of New 
     Hampshire and Maine shall each be treated as having in effect 
     a State law described in subsection (a)(2) of such section 
     and as having achieved a rate of compliance with the State 
     law required by subsections (f)(2) and (f)(3) of such section 
     upon certification by the Secretary that the State has 
     achieved--
       (1) a safety belt use rate in each of fiscal years 1995 and 
     1996, of not less than 50 percent; and
       (2) a safety belt use rate in each fiscal year thereafter 
     of not less than the national average safety belt use rate, 
     as determined by the Secretary.
       (b) Retroactive Applicability.--
       (1) Effective date.--Subsection (a) shall take effect 
     September 30, 1995.
       (2) Treatment of continuance of safety belt use law.--If 
     the State of New Hampshire or Maine continues in effect a law 
     described in subsection (a)(2) of section 153 of title 23, 
     United States Code, within 60 days after the date of the 
     enactment of this section, the State shall be treated, for 
     purposes of this section and such section, as having in 

[[Page H12476]]
     effect a State law described in such subsection on September 30, 1995.
       (c) Reservation of Apportionment Pending Certification.--
     If, at any time in a fiscal year beginning after September 
     30, 1994, the State of New Hampshire or Maine does not have 
     in effect a law described in subsection (a)(2) of section 153 
     of title 23, United States Code, the Secretary shall reserve 
     3 percent of the funds to be apportioned to the State for the 
     succeeding fiscal year, under each of subsections (b)(1), 
     (b)(2), and (b)(3) of section 104 of such title, if the 
     Secretary has not certified, in accordance with subsection 
     (a) of this section, that the State has achieved the 
     applicable safety belt use rate.
       (d) Effect on Noncertification.--If, at the end of the 
     fiscal year in which the funds are reserved under subsection 
     (c), the Secretary has not certified, in accordance with 
     subsection (a), that the State of New Hampshire or Maine 
     achieved the applicable safety belt use rate, the Secretary 
     shall transfer the funds reserved from the State under 
     subsection (c) to the apportionment of the State under 
     section 402 of title 23, United States Code.

     SEC. 356. ORANGE COUNTY, CALIFORNIA, TOLL ROADS.

       (a) Modification of Agreement.--The Secretary shall enter 
     into an agreement modifying the agreement entered into 
     pursuant to section 339 of the Department of Transportation 
     and Related Agencies Appropriations Act, 1993 (106 Stat. 
     1552) to conform such agreement to the provisions of section 
     336 of the Department of Transportation and Related Agencies 
     Appropriations Act, 1995 (108 Stat. 2495).
       (b) Limitation on Statutory Construction.--Nothing in this 
     section shall be construed to change the amount of the 
     appropriation made by section 339 of the Department of 
     Transportation and Related Agencies Appropriations Act, 1993 
     (106 Stat. 1552), and the line of credit provided for shall 
     not exceed an amount supported by such appropriation.
       (c) Higher Interest Rate.--In implementing sections 336 and 
     339 referred to in subsection (a), the Secretary may enter 
     into an agreement requiring an interest rate that is higher 
     than the rate specified in such sections.

     SEC. 357. COMPILATION OF TITLE 23, UNITED STATES CODE.

       (a) Legislative Proposal.--The Secretary shall, by March 
     31, 1997, prepare and submit to Congress a draft legislative 
     proposal of necessary technical and conforming amendments to 
     title 23, United States Code, and related laws.
       (b) Conforming Repeal.--Section 1066 of the Intermodal 
     Surface Transportation Efficiency Act of 1991 (105 Stat. 
     2006) is repealed.

     SEC. 358. SAFETY RESEARCH INITIATIVES.

       (a) Older Drivers and Other Special Driver Groups.--
       (1) Study.--The Secretary shall conduct a study of 
     technologies and practices to improve the driving performance 
     of older drivers and other special driver groups.
       (2) Demonstration activities.--In conducting the study 
     under paragraph (1), the Secretary shall undertake 
     demonstration activities that incorporate and build upon 
     gerontology research related to the study of the normal aging 
     process. The Secretary shall initially implement such 
     activities in those States that have the highest population 
     of aging citizens for whom driving a motor vehicle is their 
     primary mobility mode.
       (3) Cooperative agreement.--The Secretary shall conduct the 
     study under paragraph (1) by entering into a cooperative 
     agreement with an institution that has demonstrated 
     competencies in gerontological research, population 
     demographics, human factors related to transportation, and 
     advanced technology applied to transportation.
       (b) Work Zone Safety.--In carrying out the work zone safety 
     program under section 1051 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (23 U.S.C. 401 note; 
     105 Stat. 2001), the Secretary shall utilize a variety of 
     methods to increase safety at highway construction sites, 
     including each of the following:
       (1) Conducting conferences to explore new techniques and 
     stimulate dialogue for improving work zone safety.
       (2) Establishing a national clearinghouse to assemble and 
     disseminate, by electronic and other means, information 
     relating to the improvement of work zone safety.
       (3) Conducting a national promotional campaign in 
     cooperation with the States to provide timely, site-specific 
     information to motorists when construction workers are 
     actually present.
       (4) Encouraging the use of enforceable speed limits in work 
     zones.
       (5) Developing training programs for work site designers 
     and construction workers to promote safe work zone practices.
       (6) Encouraging the use of unit price bid items in 
     contracts for traffic control devices and implementation of 
     traffic control plans.
       (c) Radio and Microwave Technology for Motor Vehicle Safety 
     Warning System.--
       (1) Study.--The Secretary, in consultation with the Federal 
     Communications Commission and the National Telecommunications 
     and Information Administration, shall conduct a study to 
     develop and evaluate radio and microwave technology for a 
     motor vehicle safety warning system in furtherance of safety 
     in all types of motor vehicles.
       (2) Equipment.--Equipment developed under the study shall 
     be directed toward, but not limited to, advance warning to 
     operators of all types of motor vehicles of--
       (A) temporary obstructions in a highway;
       (B) poor visibility and highway surface conditions caused 
     by adverse weather; and
       (C) movement of emergency vehicles.
       (3) Safety applications.--In conducting the study, the 
     Secretary shall determine whether the technology described in 
     this subsection has other appropriate safety applications.
       (d) Effectiveness of Drunk Driving Laws.--The Secretary 
     shall conduct a study to evaluate the effectiveness on 
     reducing drunk driving and appropriateness of laws enacted in 
     the States which allow a health care provider who treats an 
     individual involved in a vehicular accident to report the 
     blood alcohol level, if known, of such individual to the 
     local law enforcement agency which has jurisdiction over the 
     accident site if the blood alcohol concentration level 
     exceeds the maximum level permitted under State law.

     SEC. 359. MISCELLANEOUS STUDIES.

       (a) Pan American Highway.--
       (1) Study.--The Secretary shall conduct a study on the 
     adequacy of and the need for improvements to the Pan American 
     Highway.
       (2) Elements.--The study shall include, at a minimum, the 
     following elements:
       (A) Findings on the benefits of constructing a highway at 
     Darien Gap, Panama and Colombia.
       (B) Recommendations for a self-financing arrangement for 
     completion and maintenance of the Pan American Highway.
       (C) Recommendations for establishing a Pan American highway 
     authority to monitor financing, construction, maintenance, 
     and operations of the Pan American Highway.
       (D) Findings on the benefits to trade and prosperity of a 
     more efficient Pan American Highway.
       (E) Findings on the benefits to United States industry 
     resulting from the use of United States technology and 
     equipment in construction of improvements to the Pan American 
     Highway.
       (F) Findings on environmental considerations, including 
     environmental considerations relating to Darien Gap.
       (3) Report.--Not later than 2 years after the date of the 
     enactment of this Act, the Secretary shall transmit to 
     Congress a report on the results of the study.
       (b) Highway Signs for National Highway System.--
       (1) Study.--The Secretary shall conduct a study to 
     determine the cost, need, and efficacy of establishing a 
     highway sign for identifying routes on the National Highway 
     System. In conducting the study, the Secretary shall make a 
     determination concerning whether to identify National Highway 
     System route numbers.
       (2) Report.--Not later than March 1, 1997, the Secretary 
     shall transmit to Congress a report on the results of the 
     study.
       (c) Compliance With Buy American Act.--
       (1) Study.--The Secretary shall conduct a study on 
     compliance with the Buy American Act (41 U.S.C. 10a-10c) with 
     respect to contracts entered into using amounts made 
     available from the Highway Trust Fund.
       (2) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall transmit to 
     Congress a report on the results of the study.
       (d) Magnetic Levitation.--
       (1) Study.--The Secretary shall conduct a study evaluating 
     the near-term applications of magnetic levitation ground 
     transportation technology in the United States, with 
     particular emphasis in identifying projects which would 
     warrant immediate application of such technology. The study 
     shall also evaluate the use of innovative financial 
     techniques for the construction and operation of such 
     projects.
       (2) Elements.--The study shall be undertaken in 
     consultation with a committee of 8 persons chosen by the 
     Secretary with appropriate backgrounds in magnetic levitation 
     transportation, design and construction, public and private 
     finance, and infrastructure policy disciplines. The 
     chairperson of the committee shall be elected by the members.
       (3) Report.--Not later than September 30, 1996, the 
     Secretary shall transmit to the President and Congress a 
     report on the results of the study.
                TITLE IV--WOODROW WILSON MEMORIAL BRIDGE

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Woodrow Wilson Memorial 
     Bridge Authority Act of 1995''.

     SEC. 402. FINDINGS.

       Congress finds that--
       (1) traffic congestion imposes serious economic burdens on 
     the metropolitan Washington, D.C., area, costing each 
     commuter an estimated $1,000 per year;
       (2) the volume of traffic in the metropolitan Washington, 
     D.C., area is expected to increase by more than 70 percent 
     between 1990 and 2020;
       (3) the deterioration of the Woodrow Wilson Memorial Bridge 
     and the growing population of the metropolitan Washington, 
     D.C., area contribute significantly to traffic congestion;
       (4) the Bridge serves as a vital link in the Interstate 
     System and in the Northeast corridor;
       (5) identifying alternative methods for maintaining this 
     vital link of the Interstate System is critical to addressing 
     the traffic congestion of the area;
     
[[Page H12477]]

       (6) the Bridge is--
       (A) the only drawbridge in the metropolitan Washington, 
     D.C., area on the Interstate System;
       (B) the only segment of the Capital Beltway with only 6 
     lanes; and
       (C) the only segment of the Capital Beltway with a 
     remaining expected life of less than 10 years;
       (7) the Bridge is the only part of the Interstate System 
     owned by the Federal Government;
       (8)(A) the Bridge was constructed by the Federal 
     Government;
       (B) prior to the date of the enactment of this Act, the 
     Federal Government has contributed 100 percent of the cost of 
     building and rehabilitating the Bridge; and
       (C) the Federal Government has a continuing responsibility 
     to fund future costs associated with the upgrading of the 
     Interstate Route 95 crossing, including the rehabilitation 
     and reconstruction of the Bridge;
       (9) the Woodrow Wilson Memorial Bridge Coordination 
     Committee is undertaking planning studies pertaining to the 
     Bridge, consistent with the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) and other applicable Federal 
     laws;
       (10) the transfer of ownership of the Bridge to a regional 
     entity under the terms and conditions described in this title 
     would foster regional transportation planning efforts to 
     identify solutions to the growing problem of traffic 
     congestion on and around the Bridge;
       (11) any material change to the Bridge must take into 
     account the interests of nearby communities, the commuting 
     public, Federal, State, and local government organizations, 
     and other affected groups; and
       (12) a commission of congressional, State, and local 
     officials and transportation representatives has recommended 
     to the Secretary that the Bridge be transferred to an 
     independent authority to be established by the Capital Region 
     jurisdictions.

     SEC. 403. PURPOSES.

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

     SEC. 404. DEFINITIONS.

       In this title, the following definitions apply:
       (1) Authority.--The term ``Authority'' means the Woodrow 
     Wilson Memorial Bridge Authority established under section 
     405.
       (2) Board.--The term ``Board'' means the board of directors 
     of the Authority established under section 406.
       (3) Bridge.--The term ``Bridge'' means the Woodrow Wilson 
     Memorial Bridge across the Potomac River, including 
     approaches thereto.
       (4) Capital region jurisdiction.--The term ``Capital Region 
     jurisdiction'' means--
       (A) the Commonwealth of Virginia;
       (B) the State of Maryland; and
       (C) the District of Columbia.
       (5) Project.--The term ``Project'' means the upgrading of 
     the Interstate Route 95 Potomac River crossing, consistent 
     with the selected alternative to be determined under section 
     407. Such term shall include ongoing short-term 
     rehabilitation and repairs to the Bridge and may include 1 or 
     more of the following:
       (A) Construction of a new bridge or bridges in the vicinity 
     of the Bridge.
       (B) Construction of a tunnel in the vicinity of the Bridge.
       (C) Long-term rehabilitation or reconstruction of the 
     Bridge.
       (D) Work necessary to provide rights-of-way for a rail or 
     bus transit facility or bus or high occupancy vehicle lanes 
     in connection with an activity described in subparagraph (A), 
     (B), or (C).
       (E) Work on Interstate Route 95 approaching the Bridge and 
     other approach roadways if necessitated by an activity 
     described in subparagraph (A), (B), or (C).
       (F) Construction or acquisition of any building, 
     improvement, addition, extension, replacement, appurtenance, 
     land, interest in land, water right, air right, machinery, 
     equipment, furnishing, landscaping, easement, utility, 
     approach, roadway, or other facility that is necessary or 
     desirable in connection with or incidental to a facility 
     described in subparagraph (A), (B), or (C).
       (6) Signatory.--The term ``Signatory'' means any political 
     jurisdiction that enters into the interstate agreement or 
     compact that establishes the Authority.
       (7) Woodrow wilson memorial bridge coordination 
     committee.--The term ``Woodrow Wilson Memorial Bridge 
     Coordination Committee'' means the Woodrow Wilson Memorial 
     Bridge Coordination Committee established and chaired by the 
     Federal Highway Administration and comprised of 
     representatives of Federal, State, and local governments.

     SEC. 405. ESTABLISHMENT OF AUTHORITY.

       (a) Consent to Interstate Agreement.--Congress grants 
     consent to the Capital Region jurisdictions to enter into an 
     interstate agreement or compact to establish the Authority 
     and to designate the governance, powers, and duties of the 
     Authority. The Authority shall be a non-Federal entity 
     designated by the interstate agreement or compact.
       (b) Establishment of Authority.--
       (1) In general.--Upon execution of the interstate agreement 
     or compact described in subsection (a) and an agreement 
     between the Secretary and the Signatories as to the Federal 
     share of the cost of the Project and the terms and conditions 
     related to the timing of the transfer of the Bridge to the 
     Authority as provided in section 407(c), the Authority shall 
     be considered to be established for purposes of subsection 
     (c)/.
       (2) General powers.--The Authority shall be a body 
     corporate and politic, and an instrumentality of each of the 
     Capital Region jurisdictions, having the powers and 
     jurisdiction described in this title and such additional 
     powers as are conferred on the Authority by the Capital 
     Region jurisdictions, to the extent that the additional 
     powers are consistent with this title.
       (c) Purposes of Authority.--The Authority shall be 
     established--
       (1) to assume ownership of the Bridge; and
       (2) to undertake the Project.

     SEC. 406. GOVERNMENT OF AUTHORITY.

       (a) In General.--The Authority shall be governed in 
     accordance with this section and with the terms of any 
     interstate agreement or compact relating to the Authority 
     that is consistent with this title.
       (b) Board.--The Authority shall be governed by a board of 
     directors consisting of not more than 12 members appointed by 
     the Capital Region jurisdictions and 1 member appointed by 
     the Secretary.
       (c) Qualifications.--At least 2 members of the Board shall 
     be elected officials each of whom represents a political 
     subdivision that has jurisdiction over the area at an end of 
     the Project crossing.
       (d) Failure To Appoint.--The failure of a Capital Region 
     jurisdiction to appoint 1 or more members of the Board shall 
     not impair the establishment of the Authority if the 
     condition of the establishment described in section 405(b)(1) 
     has been met.
       (e) Personal Liability of Members.--A member of the Board, 
     including any nonvoting member, shall not be personally 
     liable for--
       (1) any action taken in his or her capacity as a member of 
     the Board; or
       (2) any note, bond, or other financial obligation of the 
     Authority.
       (f) Residency Requirement.--Each member of the Board shall 
     reside within a Capital Region jurisdiction.

     SEC. 407. OWNERSHIP OF BRIDGE.

       (a) Conveyance by Secretary.--
       (1) In general.--After execution of the agreement under 
     subsection (c), the Secretary shall convey to the Authority 
     all right, title, and interest of the United States in and to 
     the Bridge, including such related riparian rights and 
     interests in land underneath the Potomac River as are 
     necessary to carry out the Project. Except as provided in 
     paragraph (2), upon conveyance by the Secretary, the 
     Authority shall accept the right, title, and interest in and 
     to the Bridge and all duties and responsibilities associated 
     with the Bridge.
       (2) Interim responsibilities.--Until such time as the 
     Project is constructed and operational, the conveyance under 
     paragraph (1) shall not--
       (A) relieve the Capital Region jurisdictions of the sole 
     and exclusive responsibility to maintain and operate the 
     Bridge; or
       (B) relieve the Secretary of the responsibility to 
     rehabilitate the Bridge or to comply with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
     all other requirements applicable with respect to the Bridge.
       (b) Transfers of Jurisdiction.--For the purpose of making 
     the conveyance under subsection (a), the Secretary of the 
     Interior and the head of any other Federal department or 
     agency that has jurisdiction over land under or adjacent to 
     the Bridge shall transfer such jurisdiction to the Secretary.
       (c) Agreement.--
       (1) In general.--The agreement referred to in subsection 
     (a) is an agreement concerning the Project that is executed 
     in accordance with this subsection.
       (2) Submission to congress.--Not later than October 1, 
     1996, the Secretary shall submit to Congress a proposed 
     agreement between the Secretary and the Signatories that 
     specifies--
       (A) the selected alternative, implementation schedule, and 
     costs of the Project;
       (B) the Federal share of the costs of the activities to be 
     carried out as part of the Project, including, at a minimum, 
     a 100 percent Federal share of--
       (i) the cost of the continuing rehabilitation of the Bridge 
     until such time as the Project is constructed and 
     operational;
       (ii) an amount, as determined by the Woodrow Wilson 
     Memorial Bridge Coordination Committee, equivalent to the 
     cost of replacing the Bridge with a comparable modern bridge 
     designed according to current engineering standards; and
     
[[Page H12478]]

       (iii) the cost of planning, preliminary engineering and 
     design, environmental studies and documentation, and final 
     engineering for the Project; and
       (C) the Federal share of the cost of activities to be 
     carried out as part of the project after September 30, 1997, 
     will be reduced by amounts expended by the United States for 
     activities (other than environmental studies and 
     documentation) described in subparagraph (B)(iii) in fiscal 
     years 1996 and 1997.
       (3) Approval and execution of agreement.--After the 
     enactment of a Federal law approving an agreement described 
     in paragraph (2), the Secretary may execute the agreement.

     SEC. 408. PROJECT PLANNING.

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

     SEC. 409. ADDITIONAL POWERS AND RESPONSIBILITIES OF 
                   AUTHORITY.

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

     SEC. 410. FUNDING.

       Section 104 of title 23, United States Code, as amended by 
     section 337(f) of this Act, is amended by inserting before 
     subsection (j), as redesignated by such section 337(f), the 
     following:
       ``(i) Woodrow Wilson Memorial Bridge.--
       ``(1) Expenditure.--From any available administrative funds 
     deducted under subsection (a), the Secretary shall obligate 
     such sums as are necessary for each of fiscal years 1996 and 
     1997 for the rehabilitation of the Woodrow Wilson Memorial 
     Bridge and for environmental studies and documentation, 
     planning, preliminary engineering and design, and final 
     engineering for a new crossing of the Potomac River as part 
     of the Project, as defined by section 404 of the Woodrow 
     Wilson Memorial Bridge Authority Act of 1995.
       ``(2) Federal share.--The Federal share of the cost of any 
     project funded with amounts expended under paragraph (1) 
     shall be 100 percent.''.

     SEC. 411. AVAILABILITY OF PRIOR AUTHORIZATIONS.

       In addition to the funds made available under section 
     104(i) of title 23, United States Code, any funds made 
     available for the rehabilitation of the Bridge under sections 
     1069(i) and 1103(b) of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 2009 and 2028) shall 
     continue to be available after the conveyance under section 
     407(a) of the Bridge, in accordance with the terms under 
     which the funds were made available under such sections 
     1069(i) and 1103(b).
       And the House agree to the same.
       That the House recede from its disagreement to the 
     amendment of the Senate to the title of the bill and agree to 
     the same.

     Bud Shuster,
     Bill Clinger,
     Thomas E. Petri,
     Bill Emerson,
     Ray LaHood,
     James L. Oberstar,
     Nick Rahall,
     Robert A. Borski,
     As additional conferees for the consideration of secs. 105 
     and 141 of the Senate bill, and sec. 320 of the House 
     amendment, and modifications committed to conference:
     Tom Bliley,
     Michael Bilirakis,
     Joe Barton,
     James Greenwood,
     John D. Dingell,
     As additional conferees for the consideration of sec. 157 of 
     the Senate bill, and modifications committed to conference:
     Don Young,
     James V. Hansen,
                                Managers on the Part of the House.

     John Warner,
     John H. Chafee,
     Bob Smith,
     Dirk Kempthorne,
     Max Baucus,
     D.P. Moynihan,
     Harry Reid,
     Larry Pressler,
     Trent Lott,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendments of the House to the bill (S. 440) to amend title 
     23, United States Code, to provide for the designation of the 
     National Highway System, and for other purposes, submit the 
     following joint statement to the House and the Senate in 
     explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report:
       The House amendment to the text of the bill struck all of 
     the Senate bill after the enacting clause and inserted a 
     substitute text.
       The Senate recedes from its disagreement to the amendment 
     of the House with an amendment that is a substitute for the 
     Senate bill and the House amendment. The differences between 
     the Senate bill, the House 

[[Page H12479]]
     amendment, and the substitute agreed to in conference are noted below, 
     except for clerical corrections, conforming changes made 
     necessary by agreements reached by the conferees, and minor 
     drafting and clerical changes.

                                Purpose

       The purpose of this legislation is to designate the 
     National Highway System, consisting the National System of 
     Interstate and Defense Highways and those principal arterial 
     roads that are essential for interstate and regional commerce 
     and travel, national defense, intermodal transfer facilities, 
     and trade. This legislation also amends current surface 
     transportation law to provide greater flexibility to the 
     States and to reduce certain administrative burdens. Title II 
     of the legislation provides relief to States due to the 
     impact of Section 1003(c) of the Intermodal Surface 
     Transportation Efficiency Act. Title III makes technical and 
     minor policy clarifications to current Federal-aid highway 
     and safety programs. Title IV establishes a Regional 
     Interstate Transportation Authority to own, construct, 
     maintain, and operate a new crossing of the Potomac River on 
     Interstate 495 at the current location of the Woodrow Wilson 
     Memorial Bridge.

                          Background and Need

                        National Highway System

       The Intermodal Surface Transportation Efficiency Act of 
     1991 (ISTEA) requires Congress to designate the National 
     Highway System (NHS) by September 30, 1995. The purpose of 
     the National Highway System, as stated in ISTEA, is ``to 
     provide an interconnected system of principal arterial routes 
     which will serve major population centers, international 
     border crossings, ports, airports, public transportation 
     facilities, and other intermodal transportation facilities 
     and other major travel destinations; meet national defense 
     requirements; and serve interstate and regional traffic.''
       The Secretary of Transportation has transmitted to Congress 
     a system map of routes to be included in the final NHS. The 
     NHS as designated is comprised of approximately 160,955 
     miles, 75 percent of which are rural roads, and 25 percent of 
     which are urban roads.
       According to the Federal Highway Administration (FHWA), the 
     NHS carries over 40 percent of the nation's highway traffic 
     and 70 percent of its truck freight traffic. The NHS 
     represents 4 percent of the nation's 4 million miles of 
     public roads.
       The NHS is needed more than ever because of America's 
     reliance on its transportation system. Over 90 percent of the 
     U.S. population lives within 5 miles of an NHS road. Nearly 
     90 percent of U.S. counties have NHS mileage running through 
     them. These counties account for 99 percent of all 
     manufacturing jobs, 97 percent of the mining jobs, and 93 
     percent of all farming jobs.
       The NHS approved in this Conference report is the result of 
     a process involving extensive consultations between FHWA, the 
     States and metropolitan planning organizations. FHWA and the 
     States cooperatively developed the system based on criteria 
     of efficiency, connectivity, and equity among the States. 
     State and local officials were actively involved in the 
     process, especially in the identification of routes.
       The FHWA determined that traffic volume, service to 
     destination points, and interstate, intrastate, and 
     interregional connectivity were useful indicators of 
     efficiency. These indicators became the analytical criteria 
     for including individual routes in the illustrative system. 
     Another key element that the FHWA considered was the mileage 
     distribution among the States between urban and rural areas.
       With the illustrative NHS as a starting point, the States 
     submitted to the FHWA their recommended systems based on 
     assigned urban and rural mileage targets. The FHWA then 
     worked with the States to finalize the system. On December 9, 
     1993, the Secretary transmitted to Congress a proposed NHS 
     based on its review of, and adjustments to, the State route 
     submissions.
       Section 1006(c) of ISTEA also required the States to 
     complete a functional reclassification of all public roads 
     and streets and required the Secretary of Transportation to 
     use the functional roads classification in preparing the NHS. 
     Reclassification was important for the NHS designation 
     process because it identified roads eligible for designation 
     as NHS routes. Under ISTEA, only principal arterials are 
     eligible as NHS routes, unless they are part of STRAHNET.
       Cooperation among the States over many years had resulted 
     in generally recognized interstate and interregional routes 
     that connected across State borders. In cases where 
     inconsistencies existed, FHWA consulted with the States and 
     made determinations of routes to be included based on 
     consideration such as traffic volume, connectivity and 
     service to destinations as well as inclusion of routes in 
     existing State long range plans.

                    TITLE I--NATIONAL HIGHWAY SYSTEM

     Senate bill
       The Senate bill approves the most recent National Highway 
     System (NHS), submitted to Congress by the Secretary of 
     Transportation. The Senate bill provides that the Secretary 
     may at the request of a State add a new route segment to the 
     NHS or delete an existing route segment and any connection to 
     the route segment, as long as the segment or connection is 
     within the jurisdiction of the requesting State and the total 
     mileage of the NHS, including any route segment or connection 
     proposed to be added, does not exceed 165,000 miles. The 
     provision also specifies that if a State requests a 
     modification to the NHS as adopted by Congress, the State 
     must work in cooperation with local officials. This 
     cooperative process between the State and local officials 
     will be carried out under the existing transportation 
     planning activities for metropolitan areas and the statewide 
     planning process established under ISTEA. The Senate bill 
     provides that Congress will not approve or disapprove any 
     modifications made to the NHS subsequent to enactment of this 
     legislation. The Secretary should instead work in cooperation 
     with the State and local officials in considering 
     modifications.
     House amendment
       The House amendment approves the most recent NHS submitted 
     to Congress by the Secretary. The provision requires that 
     future modifications must be approved by Congress. Not later 
     than 180 days after the enactment of the NHS bill, the 
     Secretary shall submit to Congress the proposed modifications 
     to the National Highway System, including connections to 
     intermodal transportation facilities and upon completion of 
     feasibility studies, the routings of high priority corridors 
     not already on the NHS. The House provision makes connections 
     to intermodal facilities that are consistent with the 
     Secretary's criteria eligible to receive NHS funds until 
     Congress modifies the NHS to include connections to 
     intermodal facilities. The House amendment continues current 
     law as to total mileage allowed on the NHS. The mileage of 
     highways on the NHS shall not exceed 155,000 miles; except 
     that the Secretary may increase or decrease the maximum 
     mileage by not more than 15 percent.
     Conference substitute
       The Conference substitute incorporates selected provisions 
     of the Senate bill with selected provisions of the House 
     amendment. Future modifications (other than intermodal 
     connectors) to the NHS will be approved by the Secretary and 
     will not require Congressional approval. The Conference 
     substitute continues current law on the total mileage of 
     highways allowed on the NHS. The Conference substitute allows 
     for a one time Congressional approval for intermodal 
     connectors. When approving future connectors, the Secretary, 
     in considering whether a facility is a major facility, is to 
     recognize the significance of the intermodal terminal within 
     a State or any plans that the States, Metropolitan Planning 
     Organizations (MPOs) or others may have for improving the 
     access to the intermodal terminal.
       A connector that is determined to be significant by the 
     State, MPOs and local officials, and proposed to be included 
     in the NHS, is to be given priority consideration by the 
     Secretary.
       Intermodal connectors on the NHS are eligible for NHS 
     funds. No additional Federal designs or performance standards 
     or funding set asides are to be applied to NHS connectors.
       After this one time approval, future intermodal connectors 
     will be approved by the Secretary, not Congress. The 
     Conference substitute adopts the House provision on interim 
     eligibility of NHS funds for intermodal connectors prior to 
     approval of the connectors by the Congress.

              TITLE II--TRANSPORTATION FUNDING FLEXIBILITY

     Senate bill
       The Senate bill contains no comparable provision regarding 
     section 1003(c) of ISTEA.
       The Senate bill contains several provisions that provide 
     States relief from Federal mandates.
       Section 117 of the Senate bill strikes the current 
     provision requiring States to certify they are implementing 
     the management systems and related penalty provisions and 
     inserts a new provision that gives States the option to elect 
     not to implement one or more of the systems or parts thereof. 
     The Secretary is still required to issue regulations and 
     submit annual reports to Congress on the status of 
     implementation of the systems and is required to issue an 
     additional report with recommendations on whether, and to 
     what extent, the systems should be implemented.
       Section 106 repeals the requirements and penalty provisions 
     for the use of crumb rubber in asphalt pavement.
       Section 120 provides that, notwithstanding any requirements 
     of the Metric Conversion Act of 1975, no State is required to 
     erect or modify any highway signs that establish speed limit, 
     distance, or other measurements using the metric system. 
     Section 120 enables States to request a waiver, until 
     September 30, 2000, of any requirement that a 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.
       Section 115 of the Senate bill repeals the national maximum 
     speed limit for non-commercial motor vehicles.
       Section 142 repeals the penalty for noncompliance for 
     motorcycle helmets.
     House amendment
       The House amendment contains several provisions that 
     provide additional funding and flexibility to the States to 
     remediate the 13 percent reduction in FY96 budget authority 
     forced by section 1003(c) of ISTEA.
     
[[Page H12480]]

       Section 203 creates a State High Priority Project 
     Restoration Program for fiscal years 1996 and 1997 and sets 
     out the eligibility use of such funds. Funds may be spent on 
     any purpose eligible under title 23. This program 
     redistributes funds from rescissions of previously 
     apportioned or allocated budget authority.
       It provides that there are authorized to be appropriated, 
     out of the Highway Trust Fund, (other than the Mass Transit 
     Account), to carry out this section $321,420,595 for fiscal 
     year 1996 and $155,000,000 for fiscal year 1997. These funds 
     are derived from rescissions of budget authority previously 
     made available.
       Section 204 rescinds funds from previously authorized 
     projects that are no longer viable and from unobligated 
     balances of funds derived from the Highway Trust Fund and 
     reduces the authorized funding levels for certain programs 
     funded from the Highway Trust Fund for fiscal years 1996 and 
     1997. It provides that certain funds made available for 
     fiscal years 1996 and 1997, shall be transferred to carry out 
     section 203.
       Section 205 provides States additional flexibility to spend 
     some of their unobligated balances on their highest surface 
     transportation priorities in an amount equal to the net 
     amount of the reduction in budget authority each State shall 
     receive as a result of section 1003(c). In determining the 
     net amount of each State's reduction, the Secretary shall 
     deduct the amounts allocated to each State in fiscal year 
     1996 pursuant to the High Priority Project Restoration 
     Program in section 203 of this Act, and any amounts made 
     available to the States pursuant to Section 157(a)(4)(B)(iii) 
     of title 23.
       Subsection (c) of this section directs that funds allocated 
     to urbanized areas with a population of over 200,000 shall be 
     obligated in such areas unless the Metropolitan Planning 
     Organization designated in such area concurs that the State 
     may transfer such funds out of such urbanized area. 
     Subsection (d) permits a State to designate for transfer up 
     to one-third of funds apportioned or allocated to the State 
     for Interstate Construction and not obligated as of September 
     30, 1995. Subsection (e) provides that unobligated balances 
     of funds apportioned to the States under the Congestion 
     Mitigation and Air Quality Program (CMAQ) may be transferred 
     by a State under section 203 but such funds must be obligated 
     in non-attainment areas as defined by the Clean Air Act.
       Subsection (f) provides that the funds made available to 
     carry out this section shall be available for obligation for 
     four fiscal years and shall be subject to the provisions of 
     title 23.
       Section 206 clarifies the method of distribution of funds 
     made available under the minimum allocation program in fiscal 
     years 1996 and 1997. It provides that if the amounts 
     authorized to be made available for minimum allocation exceed 
     the amounts required to be distributed by ISTEA to the States 
     under the minimum allocation program, then any additional 
     amounts shall be distributed first to each State in such 
     amount as may be necessary so that such State receives the 
     full amount of minimum allocation that would have been 
     allocated to such State without the application of section 
     1003(c). If any excess funds remain, then the excess funds 
     would next be distributed to each State in the amount 
     necessary for each State to receive the full amount 
     authorized for projects authorized in ISTEA that would have 
     been allocated without the application of section 1003(c). If 
     any excess remain after this distribution, then such funds 
     shall be allocated to each State in the final ISTEA 
     percentages.
       The House amendment also contains several provisions that 
     provide the States relief from Federal mandates.
       Section 207 repeals the crumb rubber mandate and directs 
     the Secretary not to penalize States for failure to implement 
     management systems during FY96.
       Section 324 of the House amendment prohibits the Secretary 
     from requiring the States to expend Federal or State funds to 
     construct, modify or erect or otherwise place any sign 
     relating to distance, or other measurements to establish the 
     use of the metric system on highways signs before September 
     30, 1997.
       Section 348 repeals the national maximum speed limit and 
     all related enforcement requirements for all motor vehicles.
       Section 349 is identical to the Senate provisions that 
     repeals the penalty for noncompliance for motorcycle helmets.
     Conference substitute
       The Conference substitute modifies the House bill related 
     to section 1003(c) of ISTEA. The House provision to create a 
     State High Priority Project Restoration Program is 
     eliminated. The Conference substitute modifies the 
     rescissions of previously apportioned or allocated budget 
     authority. As a result of the modifications, $153,000,000 is 
     provided in FY96 and 97 for distribution to all States.
       The Conference substitute also modifies the House 
     unobligated balance flexibility provisions. A State may not 
     designate unobligated CMAQ or STP Transportation Enhancement 
     funds for uses under this section, unless the Secretary 
     determines that there would not otherwise be sufficient 
     funding available to pay the Federal share of a project in 
     FY96 and that the State has exhausted all flexibility and 
     transferability to it under this section for such project.
       The House recedes to the Senate on the provisions relating 
     to the suspension of management systems.
       The Conference substitute adopts the repeal of crumb rubber 
     requirements and penalties.
       The Conference substitute adopts the Senate provision on 
     metric requirements and signs, as modified.
       The Senate recedes to the House provision repealing the 
     national maximum speed limit with a modification to provide 
     that the Federal repeal takes effect 10 days after the date 
     of enactment. During this period, a Governor may provide a 
     period of time for the state legislature to meet the consider 
     whether to revise the state law regarding speed limits. If 
     the Governor does not take action, the provision takes effect 
     10 days after the date of enactment of this Act.
       The conference substitute adopts the identical provision 
     that repeals the penalty for noncompliance for motorcycle 
     helmets and ensures that it is effective September 30, 1995. 
     No State is to be penalized for lack of a motorcycle helmet 
     law in FY96. States shall be permitted to return to highway 
     construction accounts any funds that were transferred to 
     Section 402 safety programs as a result of the Section 153 
     penalty for FY96.
       States experiencing significant rail safety problems are 
     urged to continue obligating these funds for railway-highway 
     grade crossing improvement and hazard elimination project as 
     provided under section 130 of title 23.
       The Secretary, in consultation with the State of 
     California, is urged to give priority consideration to a 
     project to add one north bound lane from the I-15 Route 58 
     interchange to East Main Street on I-15. The Secretary and 
     State of California are encouraged to use unobligated 
     balances and the flexibility granted by this Act for design 
     and construction of this project.

              TITLE III--MISCELLANEOUS HIGHWAY PROVISIONS


           traffic monitoring, management, and control on nhs

     Senate bill
       The Senate provision makes capital and operating costs for 
     traffic monitoring, management, and control facilities and 
     programs eligible for NHS funds.
     House amendment
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision with a 
     modification to amend section 101(a) of title 23 for the 
     definition of ``project'' by adding ``and any other 
     undertaking eligible for assistance under this title,'' to 
     conform the definition of project to ISTEA eligibility.


                   transferability of apportionments

     Senate bill
       This section increases the percentage of Highway Bridge 
     Replacement and Rehabilitation Program (HBRRP) apportionments 
     that a State may transfer to its NHS or Surface 
     Transportation (STP) program from 40 to 60 percent.
     House amendment
       No comparable House provision.
     Conference substitute
       The Conference substitute modifies the Senate provision to 
     permit a State to transfer 50 percent of its Bridge 
     apportionments to its NHS or STP program.


                          quality improvement

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       This section directs the Secretary to require the States to 
     conduct an analysis of the life-cycle costs for projects on 
     the NHS with an estimated total project cost of $25 million 
     or more.
       This provision directs the Secretary to require the States 
     to conduct value engineering analyses of all projects on the 
     NHS with an estimated total cost of $25 million or more.
     Conference substitute
       The Conference adopts the House provision with the 
     modification that the analysis of life cycle costs pertains 
     to the ``usable project segment'' instead of ``total project 
     cost.'' Life cycle cost analysis is a process that protects 
     transportation investment. The use of life cycle cost 
     analysis on higher-cost Federal-aid NHS projects will reduce 
     long-term costs and improve quality and performance.
       The Department of Transportation may require value 
     engineering or life cycle cost analyses requirements only on 
     projects for which such analyses are required by this 
     provision. A State remains free to choose to undertake such 
     analyses on additional projects at a State's discretion. The 
     Department may not be prescriptive as to the forms of life 
     cycle cost or value engineering analyses that a State must 
     undertake in order to satisfy a life cycle cost or value 
     engineering analysis requirement.


            DESIGN CRITERIA FOR THE NATIONAL HIGHWAY SYSTEM

     Senate bill
       This provision amends section 109 of title 23, United 
     States Code, which relates to standards for proposed highway 
     projects, to indicate that planned, as opposed to merely 
     probable, future traffic needs should be met by the proposed 
     project.
     
[[Page H12481]]

       In addition, section 109(c) is amended to assure that the 
     ``constructed'' and ``natural'' environment, the 
     environmental, scenic, aesthetic, historic, community, and 
     preservation impacts, and access to other modes of 
     transportation are considered in the design of the NHS 
     projects (except for interstate construction) for new 
     construction, reconstruction, resurfacing (except for 
     maintenance resurfacing), restoration, or rehabilitation. The 
     section further directs the Secretary, in cooperation with 
     State highway agencies, to develop NHS criteria for such 
     projects that include the consideration of factors noted 
     above. The Secretary shall also consider the results of the 
     AASHTO committee process, as set forth in its ``Policy on 
     Geometric Design of Highways and Streets,'' and appropriate 
     public input.
       This provision also amends section 109(q) of title 23 to 
     allow the Secretary to approve projects for the NHS, 
     including the Interstate System, that may not meet the 
     criteria developed in response to subsections (b) and (c) but 
     are designed to preserve environmental, scenic, or historic 
     values; to ensure safe use of the facility; and to comply 
     with subsection (a).
     House amendment
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision, but replaces 
     ``shall'' with ``may'' in reference to design criteria for 
     NHS projects. Sections 109(c) and 109(q) are discretionary on 
     States and the Secretary. These provisions are not 
     requirements for NHS projects.
       The development of any design criteria or any other 
     activity carried out under this section should be an 
     inclusive process allowing significant opportunity for public 
     participation and comment throughout the process. Any process 
     the Secretary or the American Association of State Highway 
     and Transportation Officials carry out under this section 
     should involve State and local officials, and individuals and 
     organizations representing environmental, scenic, aesthetic, 
     historic, community, preservation, bicycling, and pedestrian 
     interests both in developing or adopting any criteria or 
     process under this section.


        applicability of transportation conformity requirements

     Senate bill
       Section 105 amends section 109(j) of title 23, United 
     States Code, to confirm that the transportation conformity 
     requirements of the Intermodal Transportation Efficiency Act 
     of 1991 (ISTEA) and the Clean Air Act Amendments of 1990 
     apply only to areas that have been designated as 
     ``nonattainment'' under the Clean Air Act, and to areas that 
     have been redesignated as attainment, but that are still 
     subject to the maintenance plan requirements of the Clean Air 
     Act section 175A (24 U.S.C. 7505a).
       Section 105 also clarifies that areas designated as 
     nonattainment under section 107(d) of the Clean Air Act (42 
     U.S.C. 7407(d)) are required only to conduct a conformity 
     analysis for those specific transportation-related pollutants 
     for which an area is designated nonattainment.
     House amendment
       This section is identical to the Senate provision.
     Conference substitute
       The Conference adopts the provision.


                          motorist call boxes

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       This provision amends section 131(c) of title 23, United 
     States Code, to allow signs, displays, and devices 
     identifying and announcing free motorist aid call boxes and 
     their sponsorship by corporations or other organizations in 
     areas adjacent to the Interstate System and the primary 
     system.
     Conference substitute
       The Conference adopts the House provision with 
     modifications. Sponsorship signs may be located on the call 
     box and the call box post. Sponsorship signs on the call box 
     post may be erected in intervals not to exceed one per every 
     5 miles. States are required to place 20 percent of the call 
     boxes with sponsorship logos in rural areas outside of 
     urbanized areas.


                      quality through competition

     Senate bill
       This provision amends section 112(b) of title 23, United 
     States Code, relating to the letting of contracts and 
     subcontracts funded in whole or in part with Federal funds 
     under the Federal-aid highway program.
       The recipient of Federal funds must accept and use indirect 
     cost rates established by a government agency in accordance 
     with Federal Acquisition Regulations for one-year applicable 
     accounting periods in estimating, negotiating, and 
     administering contracts. Recipients must notify affected 
     firms before requesting or using the cost and rate data and 
     must keep the information confidential.
       The provisions of this section take effect upon enactment 
     of the bill, however, a State may enact legislation to adopt 
     an alternative process to promote engineering and design 
     quality and to ensure maximum competition by professional 
     companies providing engineering and design services.
     House amendment
       The House provision is identical to the Senate provision, 
     except that the provisions of section 321 will not take 
     effect until two years after the date of enactment unless the 
     State adopts an alternative process to promote engineering 
     and design quality and to ensure maximum competition by 
     private companies providing engineering and services. The 
     House provision also repeals the pilot program for uniform 
     audit procedures provided in section 1092 of ISTEA.
     Conference substitute
       The Conference substitute adopts the provision with a 
     modification that the section will not take effect until one 
     year after the date of enactment of this legislation. During 
     this period, a State may adopt an alternative process. If the 
     Secretary of Transportation determines that the legislature 
     of the State did not convene and adjourn a full regular 
     session during such one year period, the Secretary may extend 
     the one year period until the adjournment of the next regular 
     session of the legislature.


                   limitation on advance construction

     Senate bill
       This provision amends section 115(d) of title 23, United 
     States Code, to permit the Secretary to approve an 
     application for advance construction, provided the project is 
     on the State's transportation improvement program (STIP). The 
     STIP is fiscally constrained under section 135(f) of title 
     23, United States Code. The current limitation on advance 
     construction requires that an authorization be in effect one 
     year beyond the fiscal year for which the application for 
     advance funding is sought, thus limiting the States' 
     flexibility to advance construction in the final year of a 
     multiyear authorization act, even though the life of the 
     Highway Trust Fund extends beyond the authorization period.
     House amendment
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision. This section 
     will allow for the greater use of advance construction during 
     the final year of a multi-year authorization by allowing the 
     Secretary to approve the use of advance construction for any 
     projects on a State transportation improvement plan, 
     including projects beyond the current authorization period.
       The current limitation on advance construction requires 
     that an authorization be in effect one year beyond the fiscal 
     year for which the application for advance funding is sought, 
     thus limiting the States' flexibility to advance construct in 
     the final year of a multi-year authorization act, even though 
     the life of the Highway Trust Fund extends beyond the 
     authorization period.


                         preventive maintenance

     Senate bill
       Section 108 makes preventive maintenance activities 
     eligible for Federal assistance under title 23 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.''
     House amendment
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision.


                             federal share

     Senate bill
       The Senate bill amends section 217(f) of title 23, United 
     States Code, by eliminating the current provision that sets 
     the Federal share for bicycle and pedestrian projects at 80 
     percent. Instead, the Federal share for these projects will 
     be established under the provisions of subsection 120(b) of 
     title 23. This change will result in the treatment of the 
     Federal share for bicycle and pedestrian projects in a 
     similar manner as that allowed for Federal-aid highway 
     projects in general.
       The provision amends section 1021(c) of ISTEA, which was 
     previously amended by section 417 of the Department of 
     Transportation and Related Agencies Appropriations Act, 1993.
       The provision raises the Federal share for the intermodal 
     connector to the Northwest Arkansas Region Airport from U.S. 
     Highway 71 in Arkansas to 95 percent.
     House amendment
       Section 350 of the House provision amends section 120(c) of 
     title 23, United States Code, by adding safety rest areas to 
     the list of safety projects that quality for 100 percent 
     Federal funding.
     Conference substitute
       The Conference adopts the Senate provisions and modifies 
     the House provision. The purpose of the House provision is to 
     address a safety problem related to truck driver fatigue.


      eligibility of bond and other debt instrument financing for 
                 reimbursement as construction expenses

     Senate bill
       The Senate bill provides that eligible bond or debt 
     financing instrument costs include bond and debt financing 
     instrument principal and interest, and other costs associated 
     with bond or debt financing instrument issuances, provided 
     that the proceeds of such bonds or debt financing instruments 
     are used on eligible Federal-aid projects. Existing section 
     122 of title 23 relating to payments to 

[[Page H12482]]
     States for bond retirement, limits Federal participation to retirement 
     of bond principal on the former Federal-aid primary and urban 
     systems, and to Interstate substitute projects (and 
     authorizes participation in interest and incidental costs as 
     well as principal retirement, in connection with the sale of 
     such bonds relating to Interstate System projects).
       This section clearly defines eligible bond costs, provides 
     greater flexibility and broadens eligibility to States for 
     Federal-aid projects constructed with bond or debt financing 
     instrument proceeds, and permits States to leverage 
     additional infrastructure investment. At the same time, this 
     section makes clear that although bond or debt financing 
     instrument costs are eligible for Federal participation (as a 
     cost of construction under section 101 as amended), such 
     eligibility does not constitute a Federal commitment, 
     obligation or guarantee. This section preserves the tax 
     exempt status of any State issued bonds or debt financing 
     instruments under sections 103 and 149(b) of title 23 and 
     attracts additional investment in such issuances at a lower 
     cost to the State.
       The section also makes a conforming amendment to the 
     definition of ``construction'' in section 101(a) of title 23, 
     inserting ``bond costs and other costs relating to the 
     issuance of bonds or other debt instrument financing in 
     accordance with section 122'' to the definition.
     House amendment
       The House amendment contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision.


        vehicle weight and longer combination vehicles exemption

     Senate bill
       Section 136 of the Senate bill allows the State of Iowa to 
     permit the use of certain commercial motor vehicles over 
     80,000 pounds on Interstates 29 and 129 in Sioux City and 
     allows Iowa to operate certain longer combination vehicles 
     (LCVs) on the same routes.
       Section 138 amends section 127 of title 23, United States 
     Code, to exempt certain specialized hauling vehicles 
     operating on the 104-mile portion of Wisconsin State Route 78 
     and United State Route 51 from the vehicle weight limitations 
     in section 127 upon the inclusion of the route as part of the 
     Interstate System under section 139 of title 23.
     House amendment
       The House amendment contains an identical provision 
     concerning Wisconsin. The House bill contains no comparable 
     provision addressing Sioux City, Iowa.
     Conference substitute
       The Conference adopts the Senate provision as modified.


                               toll roads

     Senate bill
       Section 110 of the Senate bill provides that the Federal 
     share for participation in toll highways, bridges and tunnels 
     shall be determined by the State, but shall not exceed 80 
     percent. This provision replaces the current Federal share 
     limitations of 50 percent or 80 percent, depending on the 
     type of project.
       Section 140 includes the Centennial Bridge in Rock Island, 
     Illinois, under section 129 of title 23, which relates to 
     toll agreements. The city may enter into a section 129 toll 
     agreement with the FHWA to amend the terms of the toll 
     agreements.
       Section 144 permits a State to loan an amount, up to the 
     full Federal share, of a toll or non-toll project that has a 
     dedicated revenue source to a public entity constructing or 
     proposing to construct a toll facility or non-toll facility 
     with a dedicated revenue source.
       Section 129 allows the State of Florida to use tolls 
     collected along the portion of I-75 referred to as 
     ``Alligator Alley'' to be used for environmental projects in 
     Florida that are approved by the State and the Secretary of 
     the Interior.
     House amendment
       The House amendment contains an identical provision 
     concerning the Centennial Bridge in Rock Island, Illinois. 
     Section 309 of the House bill amends section 129(c)(5) of 
     title 23 to allow Federal participation in the construction 
     of ferry boats and terminal facilities that operate between a 
     State and a point in Canada.
     Conference substitute
       The Conference adopts the House and Senate provisions. 
     Section 144 of the Senate bill is not intended to be used as 
     a way to divert aviation revenue for non-aviation purposes. 
     The dedicated revenue source referred to in this section does 
     not include airport revenues, and specifically passenger 
     facility charges, which under current law already are 
     restricted to airport uses only.
       Section 129 recognizes the Federal/State partnership 
     agreement between the U.S. Department of Interior and the 
     State of Florida. This section conforms with state law to 
     allow Florida to utilize excess tolls generated on I-75 in 
     South Florida (Alligator Alley).
       Funds generated annually in excess of that required for 
     outstanding contractual obligations, operation, and 
     maintenance of highway and toll facilities and other related 
     expenses can be used for environmentally-related project to 
     restore the Everglades ecosystem.


                             scenic byways

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       This provision amends section 131(s) of title 23, United 
     States Code, to clarify that the Federal ban on new 
     billboards on scenic byways does not restrict the authority 
     of a State with respect to commercial and industrial areas 
     along a scenic byway or roads designated pursuant to section 
     1047 of ISTEA. The section reaffirms the ability of States to 
     establish standards stricter than those in Federal law.
     Conference substitute
       The Conference substitute codifies the United States 
     Department of Transportation's current implementation of 
     section 131(s) of title 23, United States Code. In 
     designating a scenic byway for purposes of section 131(s) and 
     section 1047 of the Intermodal Surface Transportation 
     Efficiency Act of 1991, a State may exclude from such 
     designation any segment of a highway that is inconsistent 
     with the State's criteria for designating scenic byways. The 
     exclusion of a highway segment must have a reasonable basis. 
     The Secretary of Transportation has the authority to prevent 
     actions that evade Federal requirements.


      applicability of certain requirements to third party sellers

     Senate bill
       This provision affects how certain third party sellers are 
     treated for purposes of the Uniform Relocation Assistance and 
     Real Property Acquisition Policies Act of 1970, as amended. 
     In general, it exempts certain ``qualified organizations'' 
     (as determined under the Internal Revenue Code) from the 
     requirements of the Uniform Act when they sell or donate real 
     property to States for use in transportation enhancement 
     activities. In two circumstances, this general rule would not 
     apply: (1) when the Federal Government has approved a right-
     of-way acquisition before the involvement of a qualified 
     organization; and, (2) when an organization has contracted 
     with a State to acquire real property on behalf of the State.
     House amendment
       The House amendment contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision.


          streamlining for transportation enhancement projects

     Senate bill
       This provision amends section 133(e) of title 23, United 
     States Code, to allow the Secretary to advance funds to 
     States for transportation enhancement activities if the 
     Secretary certifies that the State authorizes 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 such 
     activities. Amounts to be advanced by the Secretary are 
     limited to those necessary to make prompt payments for 
     project costs. The Secretary is required also to develop 
     categorical exclusions for transportation enhancement 
     activities from the requirements of the National 
     Environmental Policy Act (42 U.S.C. 4332). Finally, the 
     Federal Highway Administration is required to develop, in 
     consultation with the National Conference of State Historic 
     Preservation Officers and the Advisory Council on Historic 
     Preservation, a nationwide programmatic agreement governing 
     the review of transportation enhancement activities.
     House amendment
       The House amendment contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision.


               metropolitan planning for highway projects

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       This House provision amends section 134(f) of title 23, 
     United States Code, to add recreational travel and tourism to 
     the factors that must be considered by metropolitan planning 
     organizations in developing transportation plans and 
     programs.
     Conference Substitute
       The Conference adopts the House provision.


           non-federal share for certain toll bridge projects

     Senate bill
       This provision amends section 144(l) of title 23, United 
     States Code, to allow any non-Federal funds expended for the 
     seismic retrofit of the Golden Gate bridge described in 
     section 144(l) to be credited towards the required non-
     Federal match of Federal-aid seismic retrofit projects 
     authorized for this bridge.
     House amendment
       The House bill contains an identical provision.
     Conference substitute
       The Conference adopts the provision.
       
[[Page H12483]]



       congestion mitigation and air quality improvement program

     Senate bill
       Section 114(a) freezes the amount of money each State 
     receives under the Congestion and Air Quality Improvement 
     (CMAQ) Program at the fiscal year 1994 level. Geographical 
     areas that are newly designated as nonattainment will not 
     affect a State's CMAQ apportionment. This section also allows 
     a State to use its funds apportioned under the CMAQ program 
     in maintenance areas, as well as other nonattainment areas. 
     Under this provision, as with current law, CMAQ funds may not 
     be used for projects in areas designated as ``traditional'' 
     or ``incomplete data'' nonattainment areas for ozone or in 
     ``not classified'' nonattainment areas for carbon monoxide.
       Subsection (b) of this section lifts the restriction 
     against using CMAQ funds for the removal of pre-1980 vehicles 
     (``scrappage'' programs) and programs to reduce motor vehicle 
     emissions resulting from extreme cold start conditions. It 
     requires that activities under these programs and all 
     programs listed in section 108(f) of the Clean Air Act must 
     be publicly sponsored to be eligible for CMAQ funding.
       Subsection (c) provides that the ``hold harmless'' 
     apportionment adjustment under section 1015(c) of ISTEA would 
     not be affected by the limitations included in this section 
     during fiscal years 1996 and 1997.
       Subsection (d) permits CMAQ funding for the establishment 
     and operation of traffic monitoring, management, and control 
     facilities or programs that are likely to contribute to the 
     attainment of a national ambient air quality standard.
     House amendment
       The House provision is nearly identical, but contains no 
     comparable provisions concerning scrappage or traffic 
     monitoring.
     Conference substitute
       The Conference adopts the House provision on freezing CMAQ 
     at the fiscal year 1994 level. The Conference adopts the 
     Senate provision on traffic monitoring. The Conference 
     substitute strikes the provision concerning vehicle 
     scrappage.
       This provision ensures that geographical areas that are 
     redesignated to attainment status or areas that are newly 
     designated as nonattainment will not affect a State's CMAQ 
     apportionment. This section also allows a State to use its 
     funds apportioned under the CMAQ program in any such 
     maintenance area, as well as in other nonattainment areas, 
     within a State. This provision does not affect the hold 
     harmless and 90 percent of payments calculations. An 
     additional purpose of the provision is to recognize ongoing 
     needs in Clean Air maintenance areas.


           operation of motor vehicles by intoxicated minors

     Senate bill
       The Senate bill requires that the States enact and enforce 
     a law that the operation of a motor vehicle by an individual 
     under the age of 21 who has a blood alcohol concentration of 
     0.02 percent or greater shall be considered to be driving 
     under the influence or driving while intoxicated. In the 
     event that a State has not enacted and is not enforcing such 
     a law, the Secretary shall withhold 5 percent of highway 
     construction funds on October 1, 1998, and 10 percent on 
     October 1, 1999, and every year thereafter.
     House amendment
       The House provision is nearly identical but includes a 
     grace period for compliance.
     Conference substitute
       The Conference adopts the House provision with a 
     modification. A State meets the requirement if the State has 
     enacted and is enforcing a law that considers an individual 
     under the age of 21 who has a blood alcohol concentration of 
     0.02 percent or greater while operating a motor vehicle in 
     the State to be driving while intoxicated or driving under 
     the influence of alcohol.


  utilization of the private sector for surveying and mapping services

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       This provision instructs the Secretary to issue guidance to 
     encourage States to use the private sector for surveying and 
     mapping service for highway projects to the maximum extent 
     feasible.
     Conference substitute
       The Conference adopts the House provision with minor, 
     technical modifications.


   donations of funds, materials, or services for federally assisted 
                                projects

     Senate bill
       This provision amends section 323 of title 23, United 
     States Code, to permit States to receive as credit to the 
     non-Federal share of a project the fair market value for 
     donated materials or services. This section will increase the 
     States ability to attract private capital and various in-kind 
     services related to project development and construction by 
     expanding the types of donations eligible for credit under 
     section 323.
     House amendment
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision. This section is 
     consistent with sound fiscal management practices, which can 
     be achieved through guidelines issued by the Administrator 
     that may, among other things, require approval in writing, in 
     advance for valuation of credits attributable to unpaid 
     volunteer service. Nothing in this section is intended to 
     interfere with the Secretary's sole discretion to disapprove 
     a proposed valuation of unpaid volunteer services.


   discovery and admission as evidence of certain reports and surveys

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       This provision amends section 409 of title 23, United 
     States Code, to clarify that data ``collected'' for safety 
     reports or surveys shall not be subject to discovery or 
     admitted into evidence in Federal or State court proceedings.
     Conference substitute
       The Conference adopts the House provision.


                alcohol-impaired driving countermeasures

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       Subsection (a) of this provision makes a technical 
     amendment to section 410(d)(1)(E) of title 23, United States 
     Code.
       Subsection (b) amends section 410(d) to provide that a 
     State shall be treated as having met the requirements of 
     having a statewide program for roadside sobriety checkpoints 
     if such a program violates the constitution of the State and 
     if the State meets certain other safety requirements.
       The requirement that a State provide that any person under 
     the age of 21 with a blood alcohol concentration of 0.02 
     percent or greater when driving a motor vehicle shall be 
     deemed to be driving while intoxicated is moved from the 
     Supplemental Grants program to the Basic Grants program.
       Subsection (c) makes a conforming amendment.
     Conference substitute
       The Conference adopts the House provision


      references to committee on transportation and infrastructure

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       The House bill contains no comparable provision.
     Conference substitute
       This provision replaces specific statutory references in 
     title 23, United States Code, to the ``Committee on Public 
     Works and Transportation'' with the ``Committee on 
     Transportation and Infrastructure.''


                   public transit vehicles exemption

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       This section extends until the reauthorization of the 
     Federal-aid highway and transit programs the temporary waiver 
     included in the fiscal year 1993 Department of Transportation 
     Appropriations Act for overweight public transit buses 
     traveling on the Interstate System.
     Conference substitute
       The Conference adopts the House provision.


                    use of recycled paving material

     Senate bill
       The provision requires the Federal Highway Administration, 
     within 180 days after the date of enactment of this Act, to 
     begin development performance grade classifications, in 
     accordance with the Strategic Highway Research Program 
     (SHRP), for crumb modifier binders. These testing procedures 
     and performance grade classifications are to be developed in 
     consultation with representatives of the crumb rubber 
     modifier industry and other interested parties.
       This section also requires the FHWA to make grants of up to 
     $500,000 to each State for the development of programs to use 
     crumb rubber from scrap tires to modify asphalt pavements. 
     These grants may be used for the development of mix designs, 
     for the placement and evaluation of field tests and for the 
     expansion of State crumb rubber modifier programs in 
     existence on the date the grant is made available.
       This section provides funding for these research and grant 
     programs from previously authorized funds under section 6005 
     of ISTEA for section 307(e)(13) of title 23, United States 
     Code. This section directs that $500,000 be expended for 
     research in fiscal year 1996, and $10 million be expended in 
     each of the fiscal years 1996 and 1997 for grants to States 
     to develop crumb rubber modifier programs.
       In addition, this section strikes the definition of the 
     term ``asphalt pavement containing recycled rubber'' as it 
     appears in 1038(e)(1) of ISTEA and redefines it as ``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.''
     House amendment
       The House amendment contains no comparable provision.
       
[[Page H12484]]

     Conference substitute
       The Conference adopts the Senate provision without specific 
     funding.


                      roadside barrier technology

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       This provision amends section 1058 of ISTEA by modifying 
     the definition of innovative safety barriers.
     Conference substitute
       The Conference adopts the House provision.


              corrections to miscellaneous authorizations

     Senate bill
       This provision provides a general fund authorization for 
     certain facilities in New York, New York.
     House amendment
       The House amendment contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision as modified. The 
     State of New York is urged to consider the economic effect of 
     the Gowanus Expressway Project on the neighboring community, 
     in particular, to work with the communities affected and to 
     minimize any long-term impairment of local businesses. The 
     State is encouraged to appoint a community engineer, study 
     traffic calming strategies and make all technical and other 
     information concerning the project available and explained to 
     the community.
       The City and State of New York are urged to consider the 
     original 1907 structures in the design of the ferry terminals 
     at Whitehall Street.


                corrections to high cost bridge projects

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       The House provision provides technical amendments to two 
     high cost bridge projects in ISTEA.
     Conference substitute
       The Conference adopts the House provision with additional 
     modifications. The Buffalo and Fort Erie Peace Bridge 
     Authority's plans for improvements to the Peace Bridge truck 
     inspection facility may include construction of ramps and 
     roadways to access or exit the Peace Bridge; the restoration 
     of impacted areas; and other additional improvements 
     necessary to facilitate the movement of truck traffic over 
     the Peace Bridge.


               corrections to congestion relief projects

     Senate bill
       The Senate bill makes a technical correction to a 
     congestion relief project in ISTEA.
     House amendment
       The House provision provides a series of technical 
     amendments to congestion relief projects in ISTEA.
     Conference substitute
       The Conference adopts the House provision with additional 
     modifications.


                        high priority corridors

     Senate bill
       The Senate provision amends the routing of certain existing 
     high priority corridors, adds two additional high priority 
     corridors and authorizes a feasibility study. It also 
     requires the Secretary to designate certain route segments as 
     Interstate routes when they are constructed to Interstate 
     standards without regard to whether the segment is a logical 
     addition or connection to the Interstate System as defined by 
     section 139 of title 23, United States Code.
     House amendment
       The House provision amends the routing of certain existing 
     high priority corridors, adds five additional high priority 
     corridors, authorizes feasibility studies and makes technical 
     corrections to existing high priority corridors.
       The provision also requires the Secretary to designate 
     certain of these routes as future Interstate routes, if they 
     are not already designated, when the Secretary determines the 
     routes meet Interstate standards and connect to the existing 
     Interstate system and if the Secretary determines it to be a 
     safe and useable segment.
     Conference substitute
       The Conference substitute contains modifications of both 
     the House and the Senate provisions. The Conference 
     substitute adopts the House provision concerning future 
     Interstates. The provision is intended to permit States to 
     erect signs along such designated routes as ``future'' 
     Interstates upon enactment. States are permitted to use 
     unobligated Interstate Construction balances on these future 
     Interstates, if the pending Interstate Construction projects 
     are not moving forward. States may not receive any additional 
     Interstate Construction funding, after date of enactment, if 
     funds are used on future Interstates. Unobligated interstate 
     construction and interstate construction discretionary funds 
     may continued to be expended on the original interstate 
     segment. U.S. 220 in Pennsylvania shall be designated I-99.
       This provision also directs that priority corridor 18, 
     designated I-69, be extended ``to the lower Rio Grande Valley 
     at the border between the United States and Mexico.'' The 
     Conferees, in order to clarify its intent, direct that the 
     routes include United States Highway 77 from the Rio Grande 
     River to Interstate Highway 37 and then to Victoria on U.S. 
     Highway 281 from the Rio Grande River to Interstate 37; and 
     U.S. Highway 83 from Brownsville, Texas to Laredo.
       The current Lafayette North-South Corridor study is an 
     evaluation of freeway alternatives running north-south 
     through Lafayette, Louisiana. The surface Transportation and 
     Uniform Relocation Assistance Act of 1987 authorized a study 
     of the area and allocated $2.4 million to demonstrate the 
     benefits to traffic flow and transportation of labor and 
     materials by construction of a highway to provide continuous 
     access between the interstate and highway and the Federal-aid 
     primary system. The State provided approximately $600,000 for 
     the project. The FHWA defined the study south of I-10. The 
     extension of the study area will provide additional evidence 
     as to the feasibility of completing the 4.5 mile Evangeline 
     Thruway alignment project by producing a positive cost-
     benefit ratio as well as a positive public safety and 
     environmental impact. No additional funding would be 
     required. This provision does not violate the noise barrier 
     provision discussed earlier in the report.
       This section designates the CANAMEX Corridor. The name of 
     this corridor does not imply primacy with respect to the 
     North American Free Trade Agreement (NAFTA).
       This section designates the Camino Real Corridor. In 
     Wyoming, the routing of the Camino Real Corridor does not 
     preclude future designations of other significant routes.


                  corrections to rural access projects

     Senate bill
       The Senate makes a technical correction to a rural access 
     project in ISTEA.
     House amendment
       The House provision provides a series of technical 
     amendments to rural access projects in ISTEA.
     Conference substitute
       The Conference adopts the House provision with additional 
     modifications.


                  CORRECTIONS TO RURAL ACCESS PROJECTS

     Senate bill
       The Senate makes a technical correction to a rural access 
     project in ISTEA.
     House amendment
       The House provision provides a series of technical 
     amendments to rural access projects in ISTEA.
     Conference substitute
       The Conference adopts the House provision with additional 
     modifications.


           CORRECTIONS TO URBAN ACCESS AND MOBILITY PROJECTS

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       The House bill provides a series of technical amendments to 
     urban access and mobility projects in ISTEA.
     Confernce substitute
       The Conference adopts the House provision with additional 
     modifications.


                   CORRECTIONS TO INNOVATIVE PROJECTS

     Senate bill
       The Senate bill makes a technical correction to an 
     innovative project in ISTEA.
     House amendment
       This provision makes a series of technical amendments to 
     innovative projects in ISTEA.
     Conference substitute
       The Conference adopts the House provision with additional 
     modifications.


                   corrections to intermodal projects

     Senate bill
       The Senate bill makes a technical correction to an 
     intermodal projects in ISTEA.
     House amendment
       This provision makes a series of technical amendments to 
     intermodal projects in ISTEA.
     Conference substitute
       The Conference adopts the House provision with additional 
     modifications.


                      national recreational trails

     Senate bill
       The Senate bill provides contract authority for the 
     National Recreational Trails Program. This section amends the 
     National Recreational Trails program, established in ISTEA, 
     to provide that the Federal share of any trails project 
     funded under the Recreational Trails Program is 50 percent. 
     The existing State fuel tax requirement is eliminated. 
     Further, this section defines the term ``eligible State'' to 
     conform with the definition of that term contained in title 
     23, United States Code. This section adds a provision to 
     section 104 of title 23 to provide that the Secretary shall 
     expend, from administrative funds deducted under section 
     104(a), $15 million per year for FY96 and FY97, to carry out 
     the recreational trails program.
     House amendment
       The House provision amends section 1302 of ISTEA to make 
     certain amendments to the National Recreational Trails 
     Program, including a provision requiring States to provide 20 
     percent of the program costs in the sixth year of the 
     program. This section also provides that a State shall give 
     priority to 

[[Page H12485]]
     projects that mitigate and minimize impacts to the environment. In 
     addition, a State may apply to the Secretary for an exemption 
     from requirements for distribution of federal trail program 
     funds between motorized and nonmotorized users. The Advisory 
     Committee membership is increased to provide for a member 
     representing the disabled community to serve on the 
     Committee.
     Conference substitute
       The Conference adopts the Senate version with House 
     modifications. The Federal share of a project will be 50 
     percent prior to fiscal year 2001 and thereafter a State 
     shall be eligible to receive Federal funds under this program 
     if the State agrees to provide an amount equal to 20 percent 
     of the amount of Federal funds received by the State. States 
     are encouraged to give priority consideration to 
     environmental mitigation projects. A member representing the 
     disabled community is to serve on the National Advisory 
     Committee. For fiscal year 1996 and 1997, the program is 
     funded at $15 million per year from the Federal Highway 
     administration funds. This funding through the administrative 
     funds is provided as an interim measure since the program 
     funding, which is authorized in ISTEA at $30 million per 
     year, has not been provided. When ISTEA is reauthorized, this 
     program will be reviewed to correct funding difficulties by 
     providing contract authority for the program.


                   INTELLIGENT TRANSPORTATION SYSTEMS

     Senate bill
       This provision amends section 6054 of ISTEA to allow the 
     Secretary to use cooperative research and development 
     agreements to carry out Intelligent Transportation Systems 
     (ITS) activities. This provision also authorizes the 
     Secretary to reallocate for ITS projects those ITS funds that 
     have not been obligated by the end of the fiscal year after 
     the year in which the funds were made available. Finally, 
     this section amends ISTEA and other laws to change the 
     official program name from ``Intelligent Vehicle-Highway 
     Systems'' to ``Intelligent Transportation Systems.''
     House amendment
       The House amendment contains no comparable provision.
     Conference Substitute
       The Conference adopts the Senate provision. The Secretary 
     should consider providing assistance to demonstrate the 
     efficacy of the Pennsylvania Rural Highway Safety Trauma 
     Network. Rural Emergency Service applications of Intelligent 
     Transportation Technology are no less important than the 
     urban congestion relief and mitigation projects commonly 
     funded under this program. In this project, the proposed 
     network will enable EMS providers attending to accident 
     victims on NHS and other highways to establish and maintain 
     contact with a network of 20 hospitals and a Level One Trauma 
     Center, located in Danville, Pennsylvania.


                              ELIGIBILITY

     Senate bill
       This provision permits the Orange Street Bridge in 
     Missoula, Montana, to be eligible for funding under the CMAQ 
     program.
       Section 126 permits the use of funds apportioned under 
     sections 103(e)(4), 104(b), and 144, of title 23 (NHS, CMAQ, 
     STP, Bridge program and Interstate Transfer) for improvements 
     to a rail freight corridor between Central Falls and 
     Davisville, RI.
       Section 143 permits the use of Highway Bridge Replacement 
     and Rehabilitation Program (HBRRP) funds, CMAQ funds, and 
     railroad highway grade crossing safety funds for improvements 
     to the former Pocono Northeast Railway Company freight line 
     by the Luzerne County Redevelopment Authority.
       Section 101 directs the Secretary, in cooperation with the 
     State of Wyoming, to monitor the changes in growth along and 
     traffic patterns of three route segments in Wyoming for the 
     purpose of future consideration of the addition of the route 
     segments to the NHS.
       Section 102 amends section 103(I) of title 23, United 
     States Code, to make the Alameda Transportation Corridor an 
     eligible project for NHS funds.
     House amendment
       Subsection 341(a) amends section 108(b) of the Federal-aid 
     Highway Act of 1956 (23 U.S.C. 101 note) to make the High 
     Street to Causeway Street section of the Central Artery 
     project eligible for Interstate Construction funds. No 
     additional funding is authorized.
       Subsection (b) makes certain revisions to the Interstate 95 
     and Pennsylvania Turnpike project authorized by section 162 
     of the Surface Transportation Assistance Act of 1982.
       Subsection (c) prohibits the future use of Federal-aid 
     highway funds to construct Type II noise barriers.
       Section 353 of the House bill provides that Brightman 
     Street Bridge in Fall River Harbor, Massachusetts, may be 
     reconstructed to result in a clear channel of less than 300 
     feet.
       Section 358 makes projects described in section 149(a)(62) 
     of the Surface Transportation and Uniform Relocation 
     Assistance Act of 1987 and section one of P.L. 100-211 
     eligible under the Federal Lands Highway Program.
     Conference Substitute
       The Conference adopts the Senate provisions and modifies 
     the House provisions. The Conference does not adopt the House 
     provision in section 341(a).
       The Conference adopts the Senate provision to allow the 
     city of Missoula, Montana and the State of Montana to use 
     congestion mitigation and air quality funds on a project or 
     projects to add capacity to the Orange Street Bridge. No 
     restrictions in the CMAQ program prohibiting the use of CMAQ 
     funds for additional capacity shall apply to the Orange 
     Street Bridge project and the use of CMAQ funds on the 
     project.
       Grade separations to be constructed as part of the Alameda 
     Corridor Project are eligible for funding under section 
     104(b)(1). Portions of the Alameda Corridor Project that are 
     exclusively freight rail are not eligible for NHS funds.
       The Federal Highway Administration is to work 
     collaboratively with the Nevada Department of Transportation, 
     Clark County, the City of Henderson, and to the extent 
     practicable, affected residents to develop a noise mitigation 
     plan with the goal of alleviating noise for affected 
     residents adjacent to Interstate 515.


    miscellaneous corrections to surface transportation and uniform 
                   relocation assistance act of 1987

     Senate bill
       The Senate bill makes a technical amendment to a rural 
     access project and a technical amendment to a project 
     included in the Surface Transportation and Uniform Relocation 
     Assistance Act of 1987.
     House amendment
       The House bill makes a technical amendment to a rural 
     access project and technical amendments to certain projects 
     included in the Surface Transportation and Uniform Relocation 
     Assistance Act of 1987.
     Conference substitute
       The Conference substitute adopts the Senate provisions and 
     the House provisions with additional modifications. The 
     Conference substitute makes existing funding available for 
     the planning, design, and construction of up to 4.8 miles of 
     Prater and Pete Manina Roads as part of the Rose Bluff 
     Industrial Access Road Project authorized under section 
     1105(a)(2) of ISTEA. Funds are available for, among other 
     purposes, widening, drainage improvements, and 
     reconstruction.


 accessibility of over-the-road buses to individuals with disabilities

     Senate bill
       The Senate bill contains no comparable provision.
      House amendment
       This provision amends section 306(a)(2)(B)(iii) of the 
     Americans With Disabilities Act (ADA) of 1990 to provide that 
     accessibility requirements for private over-the-road buses 
     must be met by small providers within three years after the 
     issuance of final regulations and with respect to other 
     providers, within two years after the issuance of final 
     regulations.
     Conference substitute
       The Conference adopts the House provision. Under the 
     Americans With Disabilities Act, DOT was required to issue 
     regulations for over-the-road bus operators by July 1994. 
     Under the ADA, compliance with these regulations is stated as 
     six years after enactment of that Act or by July 1996 for 
     large bus operators and seven years after enactment, or by 
     July 1997, for small bus operators. However, to date, DOT has 
     not yet issued final regulations under ADA and has no 
     expected date for issuance, forcing over-the-road bus 
     operators into a compliance burden with an unknown set of 
     regulations. To avoid this result, this provision amends the 
     ADA to change compliance dates to two and three years after 
     issuance of final regulations for large and small over-the-
     road bus operators, respectively.


               alcohol and controlled substances testing

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       Subsection (a) amends section 5331(b)(1)(A) of title 49, 
     United States Code, to repeal the preemployment alcohol 
     testing requirement for certain transit workers. All other 
     drug and alcohol testing requirements are retained.
       Subsection (b) amends section 20140(b)(1)(A) of title 49 to 
     repeal the preemployment alcohol testing requirement for 
     certain railroad employees. All other drug and drug and 
     alcohol testing requirements are retained.
       Subsection (c) amends section 31306(b)(1)(A) of title 49 to 
     repeal the preemployment alcohol testing requirement for 
     operators of commercial vehicles. All other drug and alcohol 
     testing requirements are retained.
       Subsection (d) amends section 45102 of title 49 to repeal 
     the preemployment alcohol testing requirement for certain 
     employees of air carriers and the FAA. All other drug and 
     alcohol testing requirements are retained.
     Conference substitute
       The Conference adopts the House provision.


                        national driver register

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       This provision authorizes $2,550,000 for each of fiscal 
     years 1995 and 1996 for the National Driver Register.
     Conference substitute
       The Conference adopts the House provision.
       
[[Page H12486]]



             commercial motor vehicle safety pilot program

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       Subsection (A) directs the Secretary within 180 days of the 
     application of an operator of motor vehicles with a gross 
     vehicle weight rating of at least 10,001 pounds but not more 
     than 26,000 pounds to exempt some or all of such vehicles and 
     drivers of such vehicles from some or all of the regulations 
     under sections 31136(e), 504 and 31502 of title 49. The 
     Secretary will only exempt the vehicles or drivers if he 
     finds the applicant has a current safety fitness rating 
     issued by the Secretary and that the applicant will implement 
     a program of safety management controls designed to achieve a 
     level of safety equal to or greater than that resulting from 
     compliance with the regulations in this section.
       Subsection (B) provides that the Secretary and participants 
     in the program shall periodically monitor the safety of 
     vehicles and drivers exempted from regulations in this 
     section. This provision also provides that if an exemption is 
     granted it shall remain in effect until the Secretary finds 
     that the operator has exceeded the average ratio of 
     preventable accidents to vehicle miles traveled for a period 
     of 12 months for this class of vehicles; or that the 
     operator's exemption is not in the public interest and would 
     result in a significant adverse impact on the safety of 
     commercial motor vehicles.
       Subsection (C) provides the factors the Secretary must 
     consider when approving applications. The applicants approved 
     to participate in the program must represent a broad cross 
     section of fleet size and operators of vehicles between 
     10,001 and 26,000 pounds, and participation should be 
     permitted for as many qualified participants as possible.
       Subsection (D) prohibits the Secretary from granting 
     exemptions to vehicles designed to transport more than 15 
     passengers, including the driver; or vehicles used in 
     transporting hazardous materials.
       Subsection (E) permits the Secretary to revoke or modify 
     the participation of an operator in the program in the case 
     of an emergency.
       This provision directs the Secretary to conduct a zero-
     based review within 18 months after the date of enactment of 
     the need and costs and benefits of all regulations issued 
     under sections 31136(e), 504 and 31502 of title 49 to 
     determine whether such regulations should apply to vehicles 
     weighing between 10,001 and 26,000 pounds. After the review 
     is completed, the Secretary is directed to grant such 
     exemptions or modify or repeal existing regulations to the 
     extent appropriate.
     Conference substitute
       The Conference substitute incorporates suggestions from the 
     Department of Transportation, consumer groups, industry and 
     safety advocates to ensure a reasoned balance between 
     regulatory relief and safety. Therefore, the Conference 
     substitute modifies the House provision in the following 
     manner:
       Subsection (A) provides that the Secretary shall carry out 
     the program within 270 days after enactment. The Secretary, 
     within 120 days of receiving an application for participation 
     in the program, shall determine whether to exempt some or all 
     of the eligible vehicles operated by the applicant, and some 
     or all drivers of the vehicles employed by the applicant, 
     from some or all of the regulations under sections 31136(e), 
     504 and 31502. The applicant must have a satisfactory safety 
     rating or, if the applicant has not been rated, meet criteria 
     set forth by the Secretary. The applicant and the Secretary 
     must enter into an agreement that provides that the 
     applicant, while participating in the program shall: (1) 
     operate safely; (2) provide the Secretary with access to 
     accident and insurance related information relevant to the 
     safety performance of the applicant and such vehicles and 
     drivers; (3) use in the program only drivers with good 
     demonstrated safety records in the preceding 36 months; and 
     (4) implement such safety management controls as the 
     Secretary and the applicant agree are necessary to carry out 
     the objectives of this subsection. Not all motor carrier 
     operators who may wish to participate in the program have DOT 
     safety ratings. As a result, these carriers, many small 
     carriers, may be precluded from participating in the program 
     as a result. The provision vests DOT with the authority to 
     set forth criteria in lieu of a safety rating to permit 
     unrated, but safe carriers to be eligible for the program.
       Subsection (B) provides that the safety management controls 
     must be designed to achieve a level of operational safety 
     equal to or greater that that resulting from compliance with 
     the current regulations.
       Subsection (C) provides that the Secretary shall ensure 
     that participants in the program are subject to a minimum of 
     paperwork and regulatory burdens necessary to ensure 
     compliance with the program.
       Subsection (D) provides that the Secretary shall encourage 
     the use of advanced technologies necessary to ensure 
     compliance with the requirements of the program, including 
     the use of on-board recorders. It is believed that advanced 
     technologies may be an appropriate substitute for certain 
     regulations.
       Subsection (E) provides the factors the Secretary must 
     consider in approving applicants for participation in the 
     program. The Secretary must ensure that the participants 
     represent a broad cross-section of fleet size and drivers of 
     eligible vehicles and ensure participation by qualified 
     applicants.
       Subsection (F) provides that the Secretary must require 
     each participant to modify the safety management controls 
     applicable to each participant, if there is a material change 
     in the regulations, to the extent necessary to reflect the 
     material change in the regulations.
       Subsection (G) provides that the Secretary and participants 
     in the program shall monitor periodically the safety of 
     vehicles and drivers subject to the program. The conferees 
     recognize that periodically monitoring the safety performance 
     of the holders of any waivers granted under this section will 
     require DOT resources. In order to mitigate this impact, 
     participants in this pilot program will be expected to 
     maintain current and complete safety and accident data. The 
     Secretary shall ensure that sufficient oversight is carried 
     out to promote the adequacy and accuracy of such information. 
     The Office of Motor Carriers at the Federal Highway 
     Administration will consider whether the SAFESTAT or a 
     similar system used in the Commercial Vehicle Information 
     System project can be used to help monitor the safety 
     performance of the participants in this pilot project.
       Subsection (H) provides that a participant will participate 
     in the program until the Secretary finds (1) the participant 
     has exceeded the average ratio of preventable accidents to 
     vehicle miles traveled for a period of 12 months for eligible 
     vehicles, or (2) the participant has failed to comply with 
     requirements established by the Secretary for participation 
     in the program, or (3) continued participation in the program 
     is not in the public interest.
       Subsection (I) permits the Secretary to suspend or modify 
     participation in the program in case of an emergency.
       Subsection (J) provides that within 270 days after 
     enactment, the Secretary, after notice and opportunity for 
     comment, shall establish criteria for implementing the 
     program. The program will take effect on or before the 270th 
     day after enactment. The Secretary is also directed to 
     establish interim criteria to ensure that the program may 
     commence on the 270th day after enactment.
       Subsection (K) provides that the eligible vehicles for this 
     program are commercial motor vehicles weighing between 10,001 
     and 26,000 pounds, but not vehicles that transport more than 
     15 passengers, including the driver, or vehicles used in 
     transporting hazardous materials.
       This provision also directs the Secretary to conduct a 
     zero-based review within 3 years after enactment of the need 
     and the costs and benefits of all regulations issued under 
     sections 31136(e), 504 and 31502 of title 49 to determine 
     whether such regulations should apply to eligible vehicles. 
     After the review is completed, the Secretary shall grant such 
     exemptions or modify or repeal existing regulations to the 
     extent appropriate.
       For employers participating in this program, this section 
     is not intended to eliminate DOT jurisdiction with respect to 
     such employer's vehicles. The conferees specifically 
     recognize that the sole responsibility for all safety 
     regulation regarding commercial motor vehicles as set forth 
     in Subtitle VI of title 49, United States Code, (and all 
     regulations promulgated thereunder) shall continue to reside 
     with the Secretary of Transportation, and not with any other 
     Federal agency, including the Occupational Safety and Health 
     Administration.


exemptions from requirements relating to commercial motor vehicles and 
                            their operators

     Senate bill
       The Senate provision extends to drivers of ground water 
     well drilling rigs the same relief from limitations on 
     cumulative hours of service over an eight consecutive day 
     period currently provided to drivers of vehicles used 
     exclusively in oil field operations under section 395.1(d)(1) 
     of CFR 49. The drivers of ground water well drilling rigs 
     remain subject to other Federal and State safety regulations 
     including other hours of service limitations applicable to 
     their operations.
       The section further provides that the Secretary shall 
     monitor the effects of this provision, and, if the Secretary 
     finds that commercial motor vehicle safety has been adversely 
     affected as a result of this provision, the Secretary shall 
     report such findings to Congress.
     House amendment
       This provision establishes a series of exemptions from 
     Federal regulations for certain specified motor carrier 
     operations where there is a time-sensitive need for an 
     exemption or where driving is incidental to the driver's 
     overall duties. The exemptions shall take effect 180 days 
     after enactment. The Secretary is also given authority to 
     conduct a rulemaking to determine whether granting any of 
     these exemptions is (i) not in the public interest and (ii) 
     would have a significant adverse impact on the safety of 
     commercial motor vehicles.
       Subsection (a) directs that waivers be granted from certain 
     Federal motor carrier regulations. Subsection (a)(1) grants 
     an exemption from the Federal hours of service regulations 
     for drivers transporting agricultural supplies or farm 
     supplies during planting and harvesting seasons operating 
     within a 100 air mile radius of the source of the 

[[Page H12487]]
     commodities or the distribution point of the supplies. This exemption 
     is intended to operate in a similar manner as the exemption 
     granted 40 years ago for small package delivered during the 
     Holiday season in December. This exemption is limited to the 
     planting and harvesting seasons, as determined by the 
     Governor.
       Subsections (a)(2) and (a)(3) and (a)(4) modify the hours 
     of service regulations for drivers who primarily transport 
     water well drilling rigs, drivers used primarily in the 
     transportation of construction equipment and materials and 
     for drivers of utility vehicles. These are identical to 
     relief granted for oil field drillers in 1962. These 
     subsections permit the ``clock'' used to calculate a driver's 
     hours of service time to return to 0 after taking 24 or more 
     consecutive hours off. These activities are seasonal and the 
     drivers spend long periods of time waiting or performing 
     tasks unrelated to driving. These provisions maintain current 
     maximum on-duty time and driving time regulations, but only 
     affect when the driver's ``clock'' is reset. The House 
     intends this exemption apply to operators who operate six or 
     seven days per week.
       Subsection (a)(5) permits a State to grant a limited 
     exemption for part-time or substitute employees of towns and 
     townships smaller than 3,000 persons to temporarily operate a 
     snowplow which the regular driver who has a commercial 
     driver's license is unavailable or additional vehicles are 
     needed due to a snow emergency.
       Subsection (d) contains a series of definitions. The House 
     intends that the definition of the term ``construction 
     finished related products'' includes asphalt and concrete, 
     and that the term ``construction personnel and construction 
     equipment'' includes construction maintenance vehicles.
     Conference substitute
       The Conference adopts the Senate provision and the House 
     provision as modified. The Secretary may conduct a rulemaking 
     proceeding to determine whether granting any exemption 
     provided by subsection (a) (other than paragraph (2)) is not 
     in the public interest and would have a significant adverse 
     impact on the safety of commercial motor vehicles. If the 
     Secretary makes such a determination, then the Secretary may 
     prevent the exemption from going into effect, modify the 
     exemption, or revoke the exemption. All exemptions (except 
     with respect to ground water well drilling rigs and farm 
     suppliers) take effect 180 days from the date of enactment.
       The Secretary may develop a program to monitor the 
     exemption, including agreements with carriers to permit the 
     Secretary to examine insurance information maintained by an 
     insurer on a carrier. The Secretary is directed to monitor 
     the safety performance of drivers that are subject to an 
     exemption under this section and if the Secretary determines 
     that public safety has been adversely affected by an 
     exemption, the Secretary must report to Congress.
       The definitions of ``transportation of construction 
     materials and equipment'' and ``utility service vehicle'' are 
     also modified. It is intended that construction maintenance 
     vehicles to apply to any vehicle driven to a job site and 
     used in the transportation of tools or parts for on-site 
     repair or maintenance of equipment or machines that are 
     employed in construction. In the definition of 
     ``Transportation of Construction Materials and Equipment'' 
     the term ``construction and pavement materials'' includes all 
     materials used in construction that are transported in 
     quantity to a construction site. The provision does not 
     include appliances and plumbing fixtures. In addition, the 
     provision requires that the driver be used ``primarily in the 
     transportation of construction materials and equipment''. The 
     provision does not apply to a driver whose travel to and from 
     the construction site only incidentally includes the carrying 
     of construction materials and equipment. In addition, because 
     of the 50 air-mile radius restriction many items manufactured 
     more than 50 air-miles from the work site would not be 
     covered by this exemption by virtue of the length of the 
     delivery trip to the construction site.
       The conference substitute represents a reasonable and 
     flexible approach for public utility service vehicles and 
     their operators from the Department's regulatory requirements 
     regarding ``hours of service.'' The operation of utility 
     service vehicles in the course of business has not been 
     demonstrated to pose a significant safety risk for the 
     general public.
       In keeping with the nature and intent of this section, the 
     conferees expect the Secretary to take all actions necessary 
     to minimize requirements for monitoring, record-keeping, and 
     reporting as such activities relate to the hours of service 
     issue. The exemptions (except as otherwise directed) take 
     effect in 180 days, unless otherwise specified or modified by 
     the Secretary.


    winter home heating oil delivery state flexibility pilot program

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       The House bill contains no comparable provision.
     Conference substitute
       The provision directs the Secretary to implement a one-
     season pilot program to permit up to five States flexibility 
     for winter deliveries of home heating oil. The pilot program 
     will permit the Secretary to permit States, for the purposes 
     of determining maximum on-duty time for drivers of intrastate 
     home heating oil deliveries that occur within 100 air miles 
     of a central terminal or distribution point, to permit any 
     period of 7 or 8 consecutive days to end with the beginning 
     of an off-duty period of 24 or more consecutive hours.
       The pilot program is limited to the winter heating season 
     that occurs in the 6 month period following November 1, 1996. 
     Up to five States may be approved to be included in the 
     program. Prior to approving a State to participate in the 
     program, the Secretary must determine that the State will 
     meet several safety and enforcement criteria. Upon initial 
     approval, the Secretary may permit a State to participate for 
     15 days during the winter season of the State (as determined 
     by the Secretary and the Governor). The Secretary may permit 
     a State to continue in such program for periods of up to 30 
     days if he finds that such continued participation in the 
     program is consistent with this section.
       The Secretary is permitted to suspend a State's 
     participation in the program if the Secretary finds that the 
     State has not complied with the participation criteria or if 
     there has been a significant adverse impact on public safety 
     or in case of an emergency.
       Uponcompletion of the program, the Secretary is directed to 
     review the results of the program to determine whether to 
     amend the Federal regulations regarding maximum on-duty time 
     to provide flexibility to motor carriers delivering home 
     heating oil during winter periods.
       Deliveries of home heating oil occur during concentrated 
     periods during winter months. In many States, particularly 
     New England and Northeastern States, many citizens rely on 
     home heating oil for heat during winter months. This 
     provision is intended to permit States flexibility for 
     limited periods for one winter season to permit the Secretary 
     to determine whether such flexibility is needed on a 
     permanent basis.


                             safety report

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       This provision directs the Secretary, in cooperation with 
     any State that raises the speed limit above the level 
     permitted under section 154 of title 23 as of September 15, 
     1995, to submit to Congress a study of the costs to the State 
     of deaths and injuries resulting from motor vehicle crashes 
     and the benefits associated with the repeal of the national 
     maximum speed limit.
     Conference amendment
       The Conference adopts the House provision.


          moratorium on certain emissions testing requirements

     Senate bill
       This provision prevents the Administrator of the 
     Environmental Protection Agency from requiring States to use 
     the test-only, I/M240 technology for enhanced inspection and 
     maintenance programs required under the Clean Air Act 
     Amendments of 1990. Further, the EPA is prohibited from 
     disapproving a state implementation plan revision on the 
     basis of an automatic discount factor of 50 percent for 
     States that use a decentralized test and repair program.
     House amendment
       No comparable provision
     Conference substitute
       Under sections 182 and 187 of the Clean Air Act, the 
     Environmental Protection Agency (EPA) has developed 
     regulations for enhanced inspection and maintenance programs 
     that require emissions testing for vehicles already in use. 
     The EPA rules are based on a testing technology called I/M240 
     that is not practical in the decentralized system of 
     emissions testing that has been relied on in the past. 
     Although the Clean Air Act Amendments of 1990 required EPA to 
     develop an ``enhanced'' program that would increase emissions 
     reductions, it was not intended that EPA impose a centralized 
     system.
       The 1990 Amendments include some specific elements for 
     these enhanced programs. Beyond these requirements, which do 
     not include centralized testing stations or a particular 
     testing technology, States were to be given broad latitude to 
     design programs meeting a general performance standard. 
     Accordingly, the Conference report prevents the Administrator 
     from requiring States to use the test-only I/M240 in enhanced 
     programs.
       Another element of EPA's inspection and maintenance 
     regulations authorized States to develop decentralized 
     programs carried out by service stations, dealerships and 
     other facilities that offered both emissions testing at 
     facilities that also perform repair work (to bring vehicles 
     failing an emissions test into compliance). However, the EPA 
     program applied an automatic discount factor of 50 percent to 
     the States that used such decentralized programs. The 
     Conference report overturns this element of EPA's regulation. 
     As the Clean Air Act provides, EPA is to base credits for a 
     State program on available information about the actual 
     effectiveness of each aspect of the program as proposed and 
     is not to apply an automatic discount factor because a 
     program is decentralized or allows emissions tests and 
     facilities that also perform repairs.
     
[[Page H12488]]

       States have developed many new options to improve programs 
     that reduce emissions from vehicles in the existing fleet. In 
     many cases, States have concluded that some of these options 
     achieve greater emissions reductions than EPA models and 
     guidance now provide. The Conference report allows States to 
     design inspection and maintenance programs based on their own 
     estimates of the emissions reduction credits that are 
     appropriate for each element. EPA is to approve State 
     programs based on the emissions reduction credits as 
     estimated by a State, if the State estimates reflect a good 
     faith expectation of performance. The EPA approval is only 
     for an interim period of 18 months. Approval based on the 
     State's proposed emission reduction credit can be made 
     permanent, if information from the interim program 
     demonstrates that the credits are appropriate.
       States may submit interim programs for consideration for a 
     period of 120 days after enactment of this legislation. The 
     Administrator may approve a State proposal, even if the State 
     regulations have not been finalized during this period 
     provided that the State has all of the statutory authority 
     necessary to carry out the program and the program has been 
     proposed as a regulation by the State.
       In proposing interim credits, States are required to make 
     good faith estimates regarding the performance of their 
     enhanced inspection and maintenance program. It is expected 
     that States will experiment with various network types and 
     control equipment for which it may be difficult to estimate 
     emission reductions. Therefore, to satisfy good faith 
     estimates it is only necessary that the proposed credits have 
     a basis in fact. Good faith estimates of a State's inspection 
     and maintenance program are estimates produced by a State 
     which are based on any of the following: the performance of 
     any previous automobile emissions inspection and maintenance 
     programs; the results of a remote sensing or other roadside 
     testing techniques; fleet and VMT profiles; demographic 
     studies; or other evidence which has relevance to the 
     effectiveness or emissions reducing capabilities of an 
     emissions inspection and maintenance program.
       The data collection effort contemplated during and after 
     the 18 month interim period should be a joint effort between 
     the individual States and the United States Environmental 
     Protection Agency.
       It is expected that proposed credits and the emission 
     reductions demonstrated through program data may not match 
     exactly. EPA should use this data to adjust credits on a 
     program basis as demonstrated by the program data.
       The Conference agreement makes changes to the requirements 
     and assumptions under section 182 with respect to inspection 
     and maintenance. Section 184 of the Clean Air Act by 
     reference to section 182 of the Clean Air Act requires that 
     each area within the ozone transport region with a population 
     of 100,000 implement an inspection and maintenance program. 
     By changing the underlying requirements of section 182 of the 
     Clean Air Act, it is anticipated that the requirements for 
     inspection and maintenance under section 184 of the Clean Air 
     Act will be changed accordingly.
       The Conference agreement does not address all the issues 
     that are important to each State. Therefore, it is 
     anticipated that Congress may address this and other related 
     issues at a later date.


                         ROADS ON FEDERAL LANDS

     Senate bill
       This provision prohibits the Federal government from taking 
     any action to prepare or implement any regulation concerning 
     rights-of-way across public lands until December 1, 1995. 
     This provision addresses rights-of-way over unreserved public 
     lands for the construction of highways.
     House amendment
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision with a 
     modification of the date and a provision addressing roads in 
     Shenandoah National Park. The Conference substitute provides 
     for the transfer of 19 road corridors within the Shenandoah 
     National Park from the Federal government to the Commonwealth 
     of Virginia. These roads were donated originally by the 
     Commonwealth to the Federal government but are managed 
     currently by the Commonwealth. The substitute provides for 
     direct ownership and management by the Commonwealth.


                STATE INFRASTRUCTURE BANK PILOT PROGRAM

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       The House bill contains no comparable provision.
     Conference substitute


                STATE INFRASTRUCTURE BANK PILOT PROGRAM

       The Secretary is directed to create a pilot program to 
     examine the potential of State Infrastructure Banks (SIBs) to 
     leverage State, local and private sources of capital and 
     increase investment in the nation's surface transportation 
     infrastructure.
       The pilot program would permit participation by up to ten 
     states and allows for both single-state and multi-state 
     infrastructure banks.
       The State Infrastructure Banks are required to maintain 
     separate accounts for funds made available from the Highway 
     Trust Fund and from funds available from the Federal transit 
     program. A participating State may contribute to the highway 
     account up to 10 percent of its annual apportionments from 
     each category under section 104(b)(except CMAQ and Interstate 
     Construction funds), 10 percent of its annual Bridge 
     apportionments and up to 10 percent of the funds allocated 
     annually under the Minimum Allocation program. A 
     participating State may also contribute up to 10 percent of 
     the funds annually apportioned to metropolitan regions if the 
     Metropolitan Planning Organization concurs in writing. 
     Federal transit grant recipients in a participating State may 
     contribute up to 10 percent of their annual Section 3, 
     Section 9, and Section 18 capital grants into the transit 
     account of its SIB. All funds contributed to an 
     infrastructure bank shall be considered obligated.
       The highway account of a SIB may be used only to provide 
     loans and other forms of financial assistance to Federal-aid 
     eligible highway projects as defined by the section 101 of 
     title 23, United States Code. Federal contributions to a SIB 
     transit account may only be used for providing loans and 
     other forms of financial assistance to capital projects as 
     defined by section 5302 of title 49, United States Code. 
     Federal funds contributed to a SIB may not be used as a 
     grant.
       In order to establish an infrastructure bank under this 
     section, a State must meet the requirements of this section. 
     At a minimum, a State must match 25 percent of the Federal 
     contribution with funds from non-Federal sources (except as 
     provided for by section 120(b) of title 23, United States 
     Code). This matching provision parallels the traditional 
     Federal-aid highway matching requirements and will ensure a 
     proper level of State participation and oversight. In order 
     to qualify for a SIB under this pilot program, a State must 
     ensure that its SIB bank maintains an investment grade rating 
     on a continuing basis or has a sufficient level of bond or 
     debt financing instrument insurance to maintain the viability 
     of the bank. A State must also ensure that repayment of any 
     loan from the bank will commence not later than five years 
     after the project has been completed or, in the case of a 
     highway project, the facility has been opened to traffic. The 
     term for repaying any loan may not exceed 30 years after the 
     date of the first payment. Income generated by funds 
     contributed to an account of the bank will be credited 
     towards to the account and available for use in providing 
     loans and other assistance. The state must require the bank 
     to make an annual report to the Secretary on its status no 
     later than September 30, 1996 and September 30, 1997.
       Any funds that result from the repayment of a loan or other 
     assistance under this section shall be treated in a manner 
     consistent with other Federal Highway Administration loan 
     programs. Such funds may be reused for surface transportation 
     projects and may not be credited towards the non-federal 
     share of the cost of any project. Other than such regulations 
     stated in this section, no additional Federal regulations 
     shall apply to use of such funds.
       The provision shall have no effect on the rate in which 
     outlays are made. To that end, the Secretary shall ensure 
     that Federal disbursements shall occur at a rate consistent 
     with historic rates for the Federal-aid highway and transit 
     programs.
       The Secretary shall review the financial conditions of each 
     infrastructure bank and transmit a report to Congress not 
     later than March 1, 1997. The report shall contain an 
     evaluation of the pilot program and recommendations as to 
     whether the program should be expanded or made part of the 
     Federal-aid highway and transit programs.
       The Alameda Transportation Corridor in Los Angeles County, 
     California, is a project that would greatly benefit from the 
     options that state infrastructure banks provide. The Alameda 
     Corridor consolidates more than 90 miles of rail with 200 at-
     grade crossings into a single, 20-mile, high capacity and 
     fully grade-separated facility linking the San Pedro Bay 
     ports of Los Angeles and Long Beach with the national 
     railroad network. The project widens and improves the truck 
     route paralleling the rail facility to expedite port truck 
     traffic. The project benefits include significant 
     improvements in highway traffic congestion and safety, air 
     pollution, vehicle delays at grade crossings, and noise in 
     residential areas.


                 railroad-highway grade crossing safety

     Senate bill
       Title III of the Senate bill contains several provisions 
     concerning railroad-highway grade crossings.
       Section 302 directs the Secretary in implementing the 
     Intelligent Vehicle-Highway Systems Act of 1991 to ensure 
     that the national intelligent transportation systems program 
     addresses the use of intelligent vehicle-highway technologies 
     to promote safety at railroad-highway grade crossings. This 
     section also requires the Secretary to fund two or more 
     operational tests under the Act that will promote highway 
     traffic safety and railroad safety.
       Section 303 directs the Secretary to conduct a rulemaking 
     to amend the regulations under section 500.407 of title 23 to 
     require that each highway safety management system developed, 
     established, and implemented by a State include: (1) public 
     railroad-highway grade-crossing closure plans that are 

[[Page H12489]]
     aimed at eliminating high-risk or redundant crossings (2) railroad-
     highway grade-crossing policies that limit the creation of 
     new at-grade crossings for vehicle and pedestrian traffic, 
     recreational use, or any other purpose (3) plans for State 
     policies, programs, and resources to further reduce death and 
     injury at high-risk railroad-highway grade crossings. The 
     Secretary is directed to finish the rulemaking and prescribe 
     the required amended regulations within one year after 
     enactment.
       Section 304 amends section 31311 of title 49 by adding a 
     new subsection (h) that directs the Secretary to issue 
     regulations establishing sanctions and penalties relating to 
     violations, by persons operating commercial motor vehicles, 
     of laws and regulations concerning railroad-highway grade 
     crossings. This provision establishes the minimum 
     requirements the Secretary can issue.
       Section 305 directs that Federal and State agencies must 
     work together to improve compliance with and enforcement of 
     laws and regulations pertaining to railroad-highway grade 
     crossings. The Secretary is directed to submit a report to 
     Congress by January 1, 1996 indicating how the relevant 
     agencies are working together.
       Section 306 provides a statement of policy. The section 
     discusses the hazards of the present state of railroad-
     highway grade crossing and supports the elimination of 
     redundant and high risk railroad-highway grade crossings as 
     well as closing those crossings that cannot be made 
     reasonably safe. The provision also directs the Secretary to 
     foster a partnership among Federal, State, and local 
     transportation officials and agencies to reduce the number of 
     grade crossings and to improve safety at remaining crossings. 
     The Secretary will make provisions for periodic review to 
     ensure that each State is making progress toward achieving 
     the purpose of this section. If the Secretary determines that 
     a State has failed to make progress, the Secretary shall 
     impose a limit on the maximum number of public railroad-
     highway grade crossings in that State. The limitation will 
     remain in effect until the State demonstrates compliance with 
     the requirements of this section.
     House amendment
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts sections 302, 305, and 306 of the 
     Senate bill as modified.


                       collection of bridge tolls

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       The House amendment provides that tolls collected for motor 
     vehicles on any bridge connecting the boroughs of Brooklyn, 
     New York, and Staten Island, New York, shall continue to be 
     collected for only those vehicles exiting from such bridge in 
     Staten Island.
     Conference substitute
       The Conference adopts the House provision.


                            traffic control

     Senate bill
       The Senate bill contains a provision that authorizes an 
     exception to the Manual on Uniform Traffic Control Devices 
     (MUTCD) to permit the town of Bristol, RI, to replace 
     permanently the existing double yellow line on its Main 
     Street with a red, white, and blue center line. A red, white, 
     and blue line has been used temporarily in the past in 
     conjunction with the town's longstanding Fourth of July 
     parade, which is the oldest in the country.
     House amendment
       The House amendment provides that Oregon's ``right turn on 
     red without stopping'' sign shall be deemed to comply with 
     the Department of Transportation's MUTCD.
     Conference substitute
       The Conference adopts the House and Senate provisions.


                        public use of rest areas

     Senate bill
       This provision permits the State of Rhode Island to convert 
     any State safety area adjacent to I-95 that was closed prior 
     to May 1, 1995, for use as a motor vehicle emissions testing 
     facility. The State has the option to permit access to and 
     from any such facility directly from the Interstate.
     House amendment
       The House amendment bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision.


        safety belt use requirements for new hampshire and maine

     Senate bill
       This provision allows New Hampshire and Maine to meet the 
     safety belt use law required under 49 U.S.C. 153 through a 
     performance requirement. Each of these States would be deemed 
     to have met the safety belt use law requirements of section 
     153 upon certification by the Secretary that the State has 
     achieved: (1) a safety belt use rate in each of fiscal years 
     1995 and 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.
     House amendment
       The House bill contains no comparable provision.
     Conference substitute
       The Conference adopts the Senate provision with a 
     modification. This provision applies retroactively, 
     notwithstanding the October 1, 1995 deadline for compliance. 
     If the requirements of this provision are met, either State 
     shall have the ability to return any funds that are 
     transferred as a result of the Section 153 penalty of October 
     1, 1995.
       If either State is deemed to have a law in effect meeting 
     the requirements of section 153(a)(2) of title 23, United 
     States Code within 60 days after date of enactment, the state 
     will be in compliance with section 153 requirements.


                 orange county, california, toll roads

     Senate amendment
       The Senate bill contains no comparable provision.
     House amendment
       This provision allows the Secretary to enter into an 
     agreement modifying existing agreements that provide Orange 
     County, California with contingent lines-of-credit. This 
     provision also allows the Secretary to require an interest 
     rate that is higher than the rate specified in previous Acts.
     Conference substitute
       The Conference adopts the House provision.


              compilation of title 23, united states code

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       The House bill contains no comparable provision.
     Conference substitute
       The Secretary shall prepare and submit by March 31, 1997 a 
     draft legislative proposal of necessary technical and 
     conforming amendments to title 23 of United States Code.


                      safety research initiatives

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       Section 316(a) directs the Secretary to conduct a study and 
     demonstration of technologies and practices to improve the 
     driving performance of older drivers and special user groups. 
     The Secretary shall implement these activities in those 
     States that have the highest population of aging citizens for 
     whom driving a motor vehicle is their primary mobility mode 
     and shall enter into a cooperative agreement with an 
     institution with demonstrated competencies in such areas.
       Subsection (b) directs the Secretary in carrying out the 
     work zone safety program established in ISTEA to utilize a 
     variety of methods to increase safety at highway construction 
     sites, including conferences, the creation of a national 
     information clearinghouse, and national promotional campaign 
     and promotion of work site training.
       Subsection (c) directs the Secretary to conduct a study to 
     develop and evaluate radio and microwave technology for a 
     motor vehicle safety warning system in furtherance of safety 
     in all types of motor vehicles.
       Subsection (d) directs the Secretary to conduct a study to 
     evaluate the effectiveness on reducing drunk driving of laws 
     enacted in the States that allow a health care provider who 
     treats an individual involved in a car accident to report the 
     blood alcohol level of the individual to the local law 
     enforcement agency which has jurisdiction over the accident 
     site, if the blood alcohol level is above the maximum legal 
     limit permitted under State law.
     Conference substitute
       The Conference adopts the House provision with 
     modifications to the work zone safety program. The Secretary 
     is directed to implement the initiatives related to work zone 
     safety in partnership with a broad range of the 
     transportation construction industry's private sector.
       The Secretary is directed to expend not more than $200,000 
     on each of these studies.


                         miscellaneous studies

     Senate bill
       The Senate bill contains no comparable provision.
     House amendment
       Section 343(a) directs the Secretary to conduct a study on 
     the adequacy of and the need for improvements to the Pan 
     American Highway. The Secretary is directed to submit a 
     report to Congress on the results of the study within two 
     years.
       Section 343(b) directs the Secretary to conduct a study to 
     determine the cost, need, and efficacy of establishing a 
     highway sign for identifying routes on the National Highway 
     System.
       Section 343(c) directs the Secretary to conduct a study on 
     compliance with the provisions of the Buy American Act with 
     respect to contracts entered into using amounts made 
     available from the Highway Trust Fund. The Secretary is 
     directed to submit a report to Congress on the results of the 
     study within one year.
     Conference substitute
       The Conference substitute modifies the House provisions and 
     provides for an additional study of Maglev transportation. 
     The 

[[Page H12490]]
     Committee should identify and analyze specific magnetic levitation 
     projects, such as a connector from New York City to its 
     airports, the transportation project under development 
     between Baltimore, Maryland and Washington, DC and technology 
     transfer efforts underway in Pittsburgh, Pennsylvania, so 
     that Congress can better assess how near-term magnetic 
     levitation technology could complement other existing modes 
     of transportation infrastructure and thereby improve the 
     safety, speed, capacity, and longevity of current 
     infrastructure in an era of dwindling Federal resources.
       The members of the Committee that undertake the study shall 
     serve without pay but shall be allowed travel expenses, 
     including per diem in lieu of subsistence, while away from 
     their homes or regular places of business in the performance 
     of services for the Committee in the same manner as persons 
     employed intermittently in the Government service. The 
     Chairperson may appoint staff as required in undertaking the 
     study within the monetary constraints imposed on all studies 
     in this section. The Secretary is directed to expend not more 
     than $200,000 on each of these studies.

                TITLE IV--WOODROW WILSON MEMORIAL BRIDGE

     Senate bill
       Title II of the Senate bill recognizes that the Federal 
     government, as the owner of the bridge, is responsible for 
     annual rehabilitation costs to ensure that the Bridge meets 
     Federal safety standards. A 1994 study commissioned by the 
     FHWA to assess the current condition of the Bridge confirmed 
     that annual repairs fail to extend the useful life of the 
     facility and are no longer cost-effective.
       Title II provides that Congress grants consent to Virginia, 
     Maryland, and the District of Columbia to enter into an 
     interstate agreement to establish the national Capital Region 
     Interstate Transportation Authority. Upon execution of an 
     agreement between the Secretary of Transportation and the 
     member jurisdictions of the Authority, the bill authorizes 
     the transfer of the Woodrow Wilson Memorial Bridge to the 
     Authority for the purpose of owning, constructing, 
     maintaining, and operating a bridge or tunnel or a bridge and 
     tunnel project across the Potomac River.
       Title II provides $17.5 million in contract authority for 
     fiscal year 1996 and $80 million in contract authority for 
     fiscal year 1997 for the rehabilitation of the bridge and the 
     planning, design and right-of-way acquisition for a new 
     crossing of the Potomac River. Title II also requires the 
     Secretary to submit to Congress by May 31, 1997 a report 
     identifying the Federal share of constructing a new crossing.
     House amendment
       The House bill contains no comparable provision.
     Conference substitute
       The Conference substitute adopts the Senate provision with 
     a modification to require that Congress grant approval of the 
     agreement between the Secretary and members of the Authority 
     prior to the Department of Transportation executing the 
     agreement.
       Ownership of the Woodrow Wilson Memorial Bridge is not 
     conveyed to the Authority until the agreement is approved by 
     Congress.
       The agreement shall include all costs financed by the 
     Federal government in fiscal years 1996 and 1997 for 
     planning, preliminary engineering, design and all Federal 
     expenditures in fiscal years 1996 and 1997 for replacement of 
     the facility shall be counted towards the Federal share to be 
     approved by Congress.
       The Secretary is authorized to allocate funds from 
     administrative expenses in fiscal years 1996 and 1997 to 
     ensure the completion of environmental studies and 
     documentation, to provide for the rehabilitation of the 
     existing Woodrow Wilson Memorial Bridge and to conduct 
     planning, preliminary engineering and design and final 
     engineering of a new crossing of the Potomac River.

     Bud Shuster,
     Bill Clinger,
     Thomas E. Petri,
     Bill Emerson,
     Ray LaHood,
     James L. Oberstar
     Nick Rahall,
     Robert A. Borski,
     As additional conferees for the consideration of secs. 105 
     and 141 of the Senate bill, and sec. 320 of the House 
     amendment, and modifications committed to conference:
     Tom Bliley,
     Michael Bilirakis
     Joe Barton,
     James Greenwood,
     John D. Dingell,
     As additional conferees for the consideration of sec. 157 of 
     the Senate bill, and modifications committed to conference:
     Don Young,
     James V. Hansen,
                                Managers on the Part of the House.

     John Warner,
     John H. Chafee,
     Bob Smith,
     Dirk Kempthorne,
     Max Baucus,
     D.P. Moynihan,
     Harry Reid,
     Larry Pressler,
     Trent Lott,
     Managers on the Part of the Senate.

                          ____________________