[Congressional Record Volume 144, Number 17 (Friday, February 27, 1998)]
[Senate]
[Pages S1163-S1164]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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      THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1998

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                  BOND (AND OTHERS) AMENDMENT NO. 1677

  Mr. BOND (for himself, Mr. Lott, and Mr. Breaux) proposed an 
amendment to amendment No. 1676 proposed by Mr. Chafee to the bill (S. 
1173) to authorize funds for construction of highways, for highway 
safety programs, and for mass transit programs, and for other purposes; 
as follows:

       Beginning on page 181, strike line 20 and all that follows 
     through page 183, line 23, and insert the following:
     esses. With respect to participation in a natural habitat or 
     wetland mitigation effort related to a project funded under 
     this title that has an impact that occurs within the service 
     area of a mitigation bank, preference shall be given, to the 
     maximum extent practicable, to the use of the mitigation bank 
     if the bank contains sufficient available credits to offset 
     the impact and the bank is approved in accordance with the 
     Federal Guidance for the Establishment, Use and Operation of 
     Mitigation Banks (60 Fed. Reg. 58605 (November 28, 1995)) or 
     other applicable Federal law (including regulations).
       ``(N) Publicly-owned intracity or intercity passenger rail 
     or bus terminals, including terminals of the National 
     Railroad Passenger Corporation and publicly-owned intermodal 
     surface freight transfer facilities, other than seaports and 
     airports, if the terminals and facilities are located on or 
     adjacent to National Highway System routes or connections to 
     the National Highway System selected in accordance with 
     paragraph (2).
       ``(O) Infrastructure-based intelligent transportation 
     systems capital improvements.
       ``(P) In the Virgin Islands, Guam, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands, any project 
     eligible for funding under section 133, any airport, and any 
     seaport.
       ``(Q) Publicly owned components of magnetic levitation 
     transportation systems.''.

     SEC. 1235. ELIGIBILITY OF PROJECTS UNDER THE SURFACE 
                   TRANSPORTATION PROGRAM.

       Section 133(b) of title 23, United States Code (as amended 
     by section 1232(c)), is amended--
       (1) in paragraph (2), by striking ``and publicly owned 
     intracity or intercity bus terminals and facilities'' and 
     inserting ``, including vehicles and facilities, whether 
     publicly or privately owned, that are used to provide 
     intercity passenger service by bus or rail'';
       (2) in paragraph (3)--
       (A) by striking ``and bicycle'' and inserting ``bicycle''; 
     and
       (B) by inserting before the period at the end the 
     following: ``, and the modification of public sidewalks to 
     comply with the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12101 et seq.)'';
       (3) in paragraph (4)--
       (A) by inserting ``, publicly owned passenger rail,'' after 
     ``Highway'';
       (B) by inserting ``infrastructure'' after ``safety''; and
       (C) by inserting before the period at the end the 
     following: ``, and any other noninfrastructure highway safety 
     improvements'';
       (4) in paragraph (11)--
       (A) in the first sentence--
       (i) by inserting ``natural habitat and'' after 
     ``participation in'' each place it appears;
       (ii) by striking ``enhance and create'' and inserting 
     ``enhance, and create natural habitats and''; and
       (iii) by inserting ``natural habitat and'' before 
     ``wetlands conservation''; and
       (B) by adding at the end the following: ``With respect to 
     participation in a natural habitat or wetland mitigation 
     effort related to a project funded under this title that has 
     an impact that occurs within the service area of a mitigation 
     bank, preference shall

[[Page S1164]]

     be given, to the maximum extent practicable, to the use of 
     the mitigation bank if the bank contains sufficient available 
     credits to offset the impact and the bank is approved in 
     accordance with the Federal Guidance for the Establishment, 
     Use and Operation of Mitigation Banks (60 Fed. Reg. 58605 
     (November 28, 1995)) or other applicable Federal law 
     (including regulations).''; and

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