[Congressional Record Volume 147, Number 92 (Thursday, June 28, 2001)]
[Senate]
[Pages S7109-S7114]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SARBANES (for himself, Mr. Baucus, Mr. Bayh, Mr. Cleland, 
        Mr. Corzine, Mr. Dodd, Mrs. Feinstein, Mr. Reid, Mr. Schumer, 
        Ms. Snowe, Ms. Stabenow, Mr. Thompson, and Mr. Wyden):
  S. 1136. A bill to provide for mass transportation in certain 
Federally owned or managed areas that are open to the general public; 
to the Committee on Energy and Natural Resources.
  Mr. SARBANES. Mr. President, I rise today to introduce legislation to 
help protect our nation's natural resources and improve the visitor 
experience in our National Parks and Wildlife Refuges. The Transit in 
Parks Act, or ``TRIP,'' will establish a new Federal transit grant 
initiative to support the development of mass transit and alternative 
transportation services for our national parks, wildlife refuges, 
Federal recreational areas, and other public lands. I am pleased to be 
joined by Senators Baucus, Bayh, Cleland, Corzine, Dodd, Feinstein, 
Reid, Schumer, Snowe, Stabenow, Thompson, and Wyden, who are cosponsors 
of this legislation.
  Let me begin with a little history. When the National parks first 
opened in the second half of the nineteenth century, visitors arrived 
by stagecoach along dirt roads. Travel through parklands, such as 
Yosemite or Yellowstone, was long, difficult, and costly. Not many 
people could afford or endure such a trip. The introduction of the 
automobile gave every American greater mobility and freedom, which 
included the freedom to travel and see some of our Nation's great 
natural wonders. Early in this century, landscape architects from the 
National Park Service and highway engineers from the U.S. Bureau of 
Public Roads collaborated to produce many feats of road engineering 
that opened the National park lands to millions of Americans.
  Yet greater mobility and easier access now threaten the very 
environments that the National Park Service is mandated to protect. The 
ongoing tension between preservation and access has always been a 
challenge for our national park system. Today, record numbers of 
visitors and cars has resulted in increasing damage to our parks. The 
Grand Canyon alone has almost five million visitors a year. As many as 
6,000 vehicles arrive in a single summer day. They compete for 2,400 
parking spaces. Between 32,000 and 35,000 tour buses go to the park 
each year. During the peak summer season, the entrance route becomes a 
giant parking lot.
  In 1975, the total number of visitors to America's national parks was 
190 million. By 1999, that number has risen to 287 million annual 
visitors, almost equal to one visit by every man, woman, and child in 
this country. This dramatic increase in visitation has created an 
overwhelming demand on these areas, resulting in severe traffic 
congestion, visitor restrictions, and in some instances vacationers 
being shut out of the parks altogether. The environmental damage at the 
Grand Canyon is visible at many other pars: Yosemite, which has more 
than four million visitors a year; Yellowstone, which has more than 
three million visitors a year and experiences such severe traffic 
congestion that access has to be restricted; Zion; Acadia; Bryce; and 
many others. We need to solve these problems now or risk permanent harm 
to our nation's natural, cultural, and historical heritage.
  Visitor access to the parks is vital not only to the parks 
themselves, but to the economic health of their gateway communities. 
For example, visitors to Yosemite infuse $3 billion a year into the 
local economy of the surrounding area. At Yellowstone, tourists spend 
$725 million annually in adjacent communities. Wildlife-related tourism 
generates an estimated $60 billion a year nationwide. If the parks are 
forced to close their gates to visitors due to congestion, the economic 
vitality of the surrounding region would be jeopardized.
  The challenge for park management has always been twofold: to 
conserve and protect the Nation's natural, historical, and cultural 
resources, while at the same time ensuring visitor access and enjoyment 
of these sensitive environments. Until now, the principal 
transportation systems that the Federal Government has developed to 
provide access into our national parks are roads, primarily for private 
automobile access. The TRIP legislation recognizes that we need to do 
more than simply build roads; we must invest in alternative 
transportation solutions before our national parks are damaged beyond 
repair.
  In developing solutions to the parks' transportation needs, this 
legislation builds upon the 1997 Memorandum of Understanding between 
Secretary of Transportation Rodney Slater and Secretary of the Interior 
Bruce Babbitt, in which the two Departments agreed to work together to 
address transportation and resource management needs in and around 
National Parks. The findings in the MOU are especially revealing: 
Congestion in and approaching many National Parks is causing lengthy 
traffic delays and backups that substantially detract from the visitor 
experience. Visitors find that many of the National Parks contain 
significant noise and air pollution, and traffic congestion similar to 
that found on the city streets they left behind. In many National Park 
units, the capacity of parking facilities at interpretive or scenic 
areas is well below demand. As a result, visitors park along roadsides, 
damaging park resources and subjecting people to hazardous safety 
conditions as they walk near busy roads to access visitor use areas. On 
occasion, National Park units must close their gates during high 
visitation periods and turn away the public because the existing 
infrastructure and transportation systems are at, or beyond, the 
capacity for which they were designed.
  In addition, the TRIP legislation is designed to implement the 
recommendations from a comprehensive study of alternative 
transportation needs in public lands that I was able to include in the 
Transportation Equity Act for the 21st Century, TEA-21, as section 
3039. The study is nearing completion, and is expected to confirm what 
those of us who have visited our National parks already know: there is 
a significant and well-documented need for alternative transportation 
solutions in the national parks to prevent lasting damage to these 
incomparable natural treasures.
  The Transit in Parks Act will go far toward meeting this need. The 
bill's objectives are to develop new and expanded mass transit services 
throughout the national parks and other public lands to conserve and 
protect fragile natural, cultural, and historical resources and 
wildlife habitats, to prevent or mitigate adverse impact on those 
resources and habitats, and to reduce pollution and congestion, while 
at the same time facilitating appropriate visitor access and improving 
the visitor experience.
  The new Federal transit grant program will provide funding to the 
Federal land management agencies that manage the 379 various sites 
within the National Park System, the National Wildlife Refuges, Federal 
recreational areas, and other public lands, including National Forest 
System lands, and to their state and local partners. The program will 
provide capital funds for transit projects, including rail or clean 
fuel bus projects, joint development activities, pedestrian and bike 
paths, or park waterway access, within or adjacent to national parks 
and other public lands. The bill authorizes $65 million for this new 
program for each of the fiscal years 2002 through 2007. It is 
anticipated that other resources, both public and private, will be 
available to augment these amounts.

  The bill formalizes the cooperative arrangement in the 1997 MOU 
between the Secretary of Transportation and the Secretary of the 
Interior to exchange technical assistance and to develop procedures 
relating to the planning, selection and funding of transit projects in 
national park lands. The bill further provides funds for planning, 
research, and technical assistance that can supplement other financial 
resources available to the Federal land management agencies. The 
projects eligible for funding would be developed through the TEA-21 
planning process and prioritized for funding by the Secretary of the 
Interior in consultation and cooperation with the Secretary of 
Transportation. It is anticipated that the Secretary of the Interior 
would select projects that are diverse in location and size. While 
major National

[[Page S7110]]

parks such as the Grand Canyon or Yellowstone are clearly appropriate 
candidates for significant transit projects under this section, there 
are numerous small urban and rural Federal park lands that can benefit 
enormously from small projects, such as bike paths or improved 
connections with an urban or regional public transit system. No single 
project will receive more than 12 percent of the total amount available 
in any given year. This ensures a diversity of projects selected for 
assistance.
  In addition, I firmly believe that this program will create new 
opportunities for the Federal land management agencies to partner with 
local transit agencies in gateway communities adjacent to the parks, 
both through the TEA-12 planning process and in developing integrated 
transportation systems. This will spur new economic development within 
these communities, as they develop transportation centers for park 
visitors to connect to transit links into the national parks and other 
public lands.
  The ongoing tension between preservation and access has always been a 
challenge for the National Park Service. Today, that challenge has new 
dimensions, with overcrowding, pollution, congestion, and resource 
degradation increasing at many of our national parks. This 
legislation--the Transit in Parks Act--will give our Federal land 
management agencies important new tools to improve both preservation 
and access. Just as we have found in metropolitan areas, transit is 
essential to moving large numbers of people in our national parks--
quickly, efficiently, at low cost, and without adverse impact. At the 
same time, transit can enhance the economic development potential of 
our gateway communities.
  As we begin a new millennium, I cannot think of a more worthy 
endeavor to help our environment and preserve our national parks, 
wildlife refuges, and Federal recreational areas than by encouraging 
alternative transportation in these areas. My bill is strongly 
supported by the American Public Transportation Association, the 
National Parks Conservation Association, Environmental Defense, 
Community Transportation Association, Friends of the Earth, National 
Association of Counties, American Planning Association, Surface 
Transportation Policy Project, Smart Growth America, Scenic America, 
National Center for Bicycling and Walking, National Association of 
Railroad Passengers, Great American Station Foundation, and others.
  Mr. President, I urge my colleagues to support this important 
legislation and to recognize the enormous environmental and economic 
benefits that transit can bring to our national parks.
  I ask unanimous consent that the bill, a section-by-section analysis, 
and letters of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1136

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Transit in Parks Act'' or 
     the ``TRIP Act''.

     SEC. 2. FEDERAL LAND TRANSIT PROGRAM.

       (a) In General.--Chapter 53 of title 49, United States 
     Code, is amended by inserting after section 5315 the 
     following:

     ``Sec. 5316. Federal land transit program

       ``(a) Findings and Purposes.--
       ``(1) Findings.--Congress finds that--
       ``(A) section 3039 of the Transportation Equity Act for the 
     21st Century (23 U.S.C. 138 note; Public Law 105-178) 
     required a comprehensive study, to be conducted by the 
     Secretary of Transportation, in coordination with the 
     Secretary of the Interior, of alternative transportation 
     needs in national parks and related public lands in order 
     to--
       ``(i) identify the transportation strategies that improve 
     the management of national parks and related public lands;
       ``(ii) identify national parks and related public lands 
     that have existing and potential problems of adverse impact, 
     high congestion, and pollution, or that can otherwise benefit 
     from alternative transportation modes;
       ``(iii) assess the feasibility of alternative 
     transportation modes; and
       ``(iv) identify and estimate the costs of those alternative 
     transportation modes;
       ``(B) many national parks are experiencing increased 
     visitation and congestion and degradation of the natural, 
     historical, and cultural resources;
       ``(C) there is a growing need for new and expanded mass 
     transportation services throughout national parks to conserve 
     and protect fragile natural, historical, and cultural 
     resources, prevent adverse impact on those resources, and 
     reduce pollution and congestion while facilitating 
     appropriate visitor mobility and accessibility and improving 
     the visitor experience;
       ``(D) the Department of Transportation can assist the 
     Federal land management agencies through financial support 
     and technical assistance and further the achievement of 
     national goals to--
       ``(i) enhance the environment;
       ``(ii) improve mobility;
       ``(iii) create more livable communities;
       ``(iv) conserve energy; and
       ``(v) reduce pollution and congestion in all regions of the 
     country;
       ``(E) immediate financial and technical assistance by the 
     Department of Transportation, working with Federal land 
     management agencies and State and local governmental 
     authorities to develop efficient and coordinated mass 
     transportation systems within and in the vicinity of eligible 
     areas, is essential to--
       ``(i) protect and conserve natural, historical, and 
     cultural resources;
       ``(ii) prevent or mitigate adverse impacts on those 
     resources;
       ``(iii) relieve congestion;
       ``(iv) minimize transportation fuel consumption;
       ``(v) reduce pollution (including noise pollution and 
     visual pollution); and
       ``(vi) enhance visitor mobility, accessibility, and the 
     visitor experience; and
       ``(F) it is in the interest of the United States to 
     encourage and promote the development of transportation 
     systems for the betterment of eligible areas to meet the 
     goals described in clauses (i) through (vi) of subparagraph 
     (E).
       ``(2) Purposes.--The purposes of this section are--
       ``(A) to develop a cooperative relationship between the 
     Secretary of Transportation and the Secretary of the Interior 
     to carry out this section;
       ``(B) to encourage the planning and establishment of mass 
     transportation systems and nonmotorized transportation 
     systems needed within and in the vicinity of eligible areas, 
     located in both urban and rural areas, that--
       ``(i) enhance resource protection;
       ``(ii) prevent or mitigate adverse impacts on those 
     resources;
       ``(iii) improve visitor mobility, accessibility, and the 
     visitor experience;
       ``(iv) reduce pollution and congestion;
       ``(v) conserve energy; and
       ``(vi) increase coordination with gateway communities;
       ``(C) to assist Federal land management agencies and State 
     and local governmental authorities in financing areawide mass 
     transportation systems and nonmotorized transportation 
     systems to be operated by public or private mass 
     transportation providers, as determined by local and regional 
     needs, and to encourage public-private partnerships; and
       ``(D) to assist in research concerning, and development of, 
     improved mass transportation equipment, facilities, 
     techniques, and methods with the cooperation of public and 
     private companies and other entities engaged in the provision 
     of mass transportation service.
       ``(b) Definitions.--In this section:
       ``(1) Eligible area.--
       ``(A) In general.--The term `eligible area' means any 
     Federally owned or managed park, refuge, or recreational area 
     that is open to the general public.
       ``(B) Inclusions.--The term `eligible area' includes--
       ``(i) a unit of the National Park System;
       ``(ii) a unit of the National Wildlife Refuge System; and
       ``(iii) a recreational area managed by the Bureau of Land 
     Management.
       ``(2) Federal land management agency.--The term `Federal 
     land management agency' means a Federal agency that manages 
     an eligible area.
       ``(3) Mass transportation.--
       ``(A) In general.--The term `mass transportation' means 
     transportation by bus, rail, or any other publicly or 
     privately owned conveyance that provides to the public 
     general or special service on a regular basis.
       ``(B) Inclusions.--The term `mass transportation' includes 
     sightseeing service.
       ``(4) Qualified participant.--The term `qualified 
     participant' means--
       ``(A) a Federal land management agency; or
       ``(B) a State or local governmental authority with 
     jurisdiction over land in the vicinity of an eligible area 
     acting with the consent of the Federal land management 
     agency,

     alone or in partnership with a Federal land management agency 
     or other Governmental or nongovernmental participant.
       ``(5) Qualified project.--The term `qualified project' 
     means a planning or capital project in or in the vicinity of 
     an eligible area that--
       ``(A) is an activity described in section 5302(a)(1), 
     5303(g), or 5309(a)(1)(A);
       ``(B) involves--
       ``(i) the purchase of rolling stock that incorporates clean 
     fuel technology or the replacement of buses of a type in use 
     on the date of enactment of this section with clean fuel 
     vehicles; or
       ``(ii) the deployment of mass transportation vehicles that 
     introduce innovative technologies or methods;
       ``(C) relates to the capital costs of coordinating the 
     Federal land management agency mass transportation systems 
     with other mass transportation systems;

[[Page S7111]]

       ``(D) provides a nonmotorized transportation system 
     (including the provision of facilities for pedestrians, 
     bicycles, and nonmotorized watercraft);
       ``(E) provides waterborne access within or in the vicinity 
     of an eligible area, as appropriate to and consistent with 
     the purposes described in subsection (a)(2); or
       ``(F) is any other mass transportation project that--
       ``(i) enhances the environment;
       ``(ii) prevents or mitigates an adverse impact on a natural 
     resource;
       ``(iii) improves Federal land management agency resource 
     management;
       ``(iv) improves visitor mobility and accessibility and the 
     visitor experience;
       ``(v) reduces congestion and pollution (including noise 
     pollution and visual pollution); and
       ``(vi) conserves a natural, historical, or cultural 
     resource (excluding rehabilitation or restoration of a 
     nontransportation facility).
       ``(6) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.
       ``(c) Federal Agency Cooperative Arrangements.--The 
     Secretary shall develop cooperative arrangements with the 
     Secretary of the Interior that provide for--
       ``(1) technical assistance in mass transportation;
       ``(2) interagency and multidisciplinary teams to develop 
     Federal land management agency mass transportation policy, 
     procedures, and coordination; and
       ``(3) the development of procedures and criteria relating 
     to the planning, selection, and funding of qualified projects 
     and the implementation and oversight of the program of 
     projects in accordance with this section.
       ``(d) Types of Assistance.--
       ``(1) In general.--The Secretary may enter into a contract, 
     grant, cooperative agreement, interagency agreement, intra-
     agency agreement, or other agreement to carry out a qualified 
     project under this section.
       ``(2) Other uses.--A grant, cooperative agreement, 
     interagency agreement, intra-agency agreement, or other 
     agreement for a qualified project under this section shall be 
     available to finance the leasing of equipment and facilities 
     for use in mass transportation, subject to any regulation 
     that the Secretary may prescribe limiting the grant or 
     agreement to leasing arrangements that are more cost-
     effective than purchase or construction.
       ``(e) Limitation on Use of Available Amounts.--
       ``(1) In general.--The Secretary may allocate not more than 
     5 percent of the amount made available for a fiscal year 
     under section 5338(j) for use by the Secretary in carrying 
     out planning, research, and technical assistance under this 
     section, including the development of technology appropriate 
     for use in a qualified project.
       ``(2) Amounts for planning, research, and technical 
     assistance.--Amounts made available under this subsection are 
     in addition to amounts otherwise available for planning, 
     research, and technical assistance under this title or any 
     other provision of law.
       ``(3) Amounts for qualified projects.--No qualified project 
     shall receive more than 12 percent of the total amount made 
     available under section 5338(j) for any fiscal year.
       ``(f) Planning Process.--In undertaking a qualified project 
     under this section--
       ``(1) if the qualified participant is a Federal land 
     management agency--
       ``(A) the Secretary, in cooperation with the Secretary of 
     the Interior, shall develop transportation planning 
     procedures that are consistent with--
       ``(i) the metropolitan planning provisions under sections 
     5303 through 5305;
       ``(ii) the statewide planning provisions under section 135 
     of title 23; and
       ``(iii) the public participation requirements under section 
     5307(c); and
       ``(B) in the case of a qualified project that is at a unit 
     of the National Park system, the planning process shall be 
     consistent with the general management plans of the unit of 
     the National Park system; and
       ``(2) if the qualified participant is a State or local 
     governmental authority, or more than 1 State or local 
     governmental authority in more than 1 State, the qualified 
     participant shall--
       ``(A) comply with sections 5303 through 5305;
       ``(B) comply with the statewide planning provisions under 
     section 135 of title 23;
       ``(C) comply with the public participation requirements 
     under section 5307(c); and
       ``(D) consult with the appropriate Federal land management 
     agency during the planning process.
       ``(g) Cost Sharing.--
       ``(1) Departmental share.--The Secretary, in cooperation 
     with the Secretary of the Interior, shall establish the share 
     of assistance to be provided under this section to a 
     qualified participant.
       ``(2) Considerations.--In establishing the departmental 
     share of the net project cost of a qualified project, the 
     Secretary shall consider--
       ``(A) visitation levels and the revenue derived from user 
     fees in the eligible area in which the qualified project is 
     carried out;
       ``(B) the extent to which the qualified participant 
     coordinates with a public or private mass transportation 
     authority;
       ``(C) private investment in the qualified project, 
     including the provision of contract services, joint 
     development activities, and the use of innovative financing 
     mechanisms;
       ``(D) the clear and direct benefit to the qualified 
     participant; and
       ``(E) any other matters that the Secretary considers 
     appropriate to carry out this section.
       ``(3) Nondepartmental share.--Notwithstanding any other 
     provision of law, Federal funds appropriated to any Federal 
     land management agency may be counted toward the 
     nondepartmental share of the cost of a qualified project.
       ``(h) Selection of Qualified Projects.--
       ``(1) In general.--The Secretary of the Interior, after 
     consultation with and in cooperation with the Secretary, 
     shall determine the final selection and funding of an annual 
     program of qualified projects in accordance with this 
     section.
       ``(2) Considerations.--In determining whether to include a 
     project in the annual program of qualified projects, the 
     Secretary of the Interior shall consider--
       ``(A) the justification for the qualified project, 
     including the extent to which the qualified project would 
     conserve resources, prevent or mitigate adverse impact, and 
     enhance the environment;
       ``(B) the location of the qualified project, to ensure that 
     the selected qualified projects--
       ``(i) are geographically diverse nationwide; and
       ``(ii) include qualified projects in eligible areas located 
     in both urban areas and rural areas;
       ``(C) the size of the qualified project, to ensure that 
     there is a balanced distribution;
       ``(D) the historical and cultural significance of a 
     qualified project;
       ``(E) safety;
       ``(F) the extent to which the qualified project would--
       ``(i) enhance livable communities;
       ``(ii) reduce pollution (including noise pollution, air 
     pollution, and visual pollution);
       ``(iii) reduce congestion; and
       ``(iv) improve the mobility of people in the most efficient 
     manner; and
       ``(G) any other matters that the Secretary considers 
     appropriate to carry out this section, including--
       ``(i) visitation levels;
       ``(ii) the use of innovative financing or joint development 
     strategies; and
       ``(iii) coordination with gateway communities.
       ``(i) Qualified Projects Carried Out in Advance.--
       ``(1) In general.--When a qualified participant carries out 
     any part of a qualified project without assistance under this 
     section in accordance with all applicable procedures and 
     requirements, the Secretary may pay the departmental share of 
     the net project cost of a qualified project if--
       ``(A) the qualified participant applies for the payment;
       ``(B) the Secretary approves the payment; and
       ``(C) before carrying out that part of the qualified 
     project, the Secretary approves the plans and specifications 
     in the same manner as plans and specifications are approved 
     for other projects assisted under this section.
       ``(2) Interest.--
       ``(A) In general.--The cost of carrying out part of a 
     qualified project under paragraph (1) includes the amount of 
     interest earned and payable on bonds issued by a State or 
     local governmental authority, to the extent that proceeds of 
     the bond are expended in carrying out that part.
       ``(B) Limitation.--The rate of interest under this 
     paragraph may not exceed the most favorable rate reasonably 
     available for the qualified project at the time of borrowing.
       ``(C) Certification.--The qualified participant shall 
     certify, in a manner satisfactory to the Secretary, that the 
     qualified participant has exercised reasonable diligence in 
     seeking the most favorable interest rate.
       ``(j) Full Funding Agreement; Project Management Plan.--If 
     the amount of assistance anticipated to be required for a 
     qualified project under this section is more than 
     $25,000,000--
       ``(1) the qualified project shall, to the extent that the 
     Secretary considers appropriate, be carried out through a 
     full funding agreement in accordance with section 5309(g); 
     and
       ``(2) the qualified participant shall prepare a project 
     management plan in accordance with section 5327(a).
       ``(k) Relationship to Other Laws.--Qualified participants 
     shall be subject to--
       ``(1) the requirements of section 5333;
       ``(2) to the extent that the Secretary determines to be 
     appropriate, requirements consistent with those under 
     subsections (d) and (i) of section 5307; and
       ``(3) any other terms, conditions, requirements, and 
     provisions that the Secretary determines to be appropriate to 
     carry out this section, including requirements for the 
     distribution of proceeds on disposition of real property and 
     equipment resulting from a qualified project assisted under 
     this section.
       ``(l) Innovative Financing.--A qualified project assisted 
     under this section shall be eligible for funding through a 
     State Infrastructure Bank or other innovative financing 
     mechanism otherwise available to finance an eligible project 
     under this chapter.
       ``(m) Asset Management.--The Secretary may transfer the 
     interest of the Department of Transportation in, and control 
     over, all facilities and equipment acquired under this 
     section to a qualified participant for use and disposition in 
     accordance with any property management regulations that the 
     Secretary determines to be appropriate.

[[Page S7112]]

       ``(n) Coordination of Research and Deployment of New 
     Technologies.--
       ``(1) In general.--The Secretary, in cooperation with the 
     Secretary of the Interior, may undertake, or make grants or 
     contracts (including agreements with departments, agencies, 
     and instrumentalities of the Federal Government) or other 
     agreements for research, development, and deployment of new 
     technologies in eligible areas that will--
       ``(A) conserve resources;
       ``(B) prevent or mitigate adverse environmental impact;
       ``(C) improve visitor mobility, accessibility, and 
     enjoyment; and
       ``(D) reduce pollution (including noise pollution and 
     visual pollution).
       ``(2) Access to information.--The Secretary may request and 
     receive appropriate information from any source.
       ``(3) Funding.--Grants and contracts under paragraph (1) 
     shall be awarded from amounts allocated under subsection 
     (e)(1).
       ``(o) Report.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of the Interior, shall annually submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and to the Committee on Banking, Housing, 
     and Urban Affairs of the Senate a report on the allocation of 
     amounts to be made available to assist qualified projects 
     under this section .
       ``(2) Annual and supplemental reports.--A report required 
     under paragraph (1) shall be included in the report submitted 
     under section 5309(p).''.
       (b) Authorizations.--Section 5338 of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(j) Section 5316.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out section 5316 $65,000,000 for each of fiscal 
     years 2002 through 2007.
       ``(2) Availability.--Amounts made available under this 
     subsection for any fiscal year shall remain available for 
     obligation until the last day of the third fiscal year 
     commencing after the last day of the fiscal year for which 
     the amounts were initially made available under this 
     subsection.''.
       (c) Conforming Amendments.--
       (1) Table of sections.--The table of sections for chapter 
     53 of title 49, United States Code, is amended by inserting 
     after the item relating to section 5315 the following:

``5316. Federal land transit program.''.

       (2) Project management oversight.--Section 5327(c) of title 
     49, United States Code, is amended in the first sentence--
       (A) by striking ``or 5311'' and inserting ``5311, or 
     5316''; and
       (B) by striking ``5311, or'' and inserting ``5311, 5316, 
     or''.
       (d) Technical Amendments.--Chapter 53 of title 49, United 
     States Code, is amended--
       (1) in section 5309--
       (A) by redesignating subsection (p) as subsection (q); and
       (B) by redesignating the second subsection designated as 
     subsection (o) (as added by section 3009(i) of the Federal 
     Transit Act of 1998 (112 Stat. 356)) as subsection (p);
       (2) in section 5328(a)(4), by striking ``5309(o)(1)'' and 
     inserting ``5309(p)(1)''; and
       (3) in section 5337, by redesignating the second subsection 
     designated as subsection (e) (as added by section 3028(b) of 
     the Federal Transit Act of 1998 (112 Stat. 367)) as 
     subsection (f).
                                  ____


                Transit in Parks Act--Section-by-Section

     Section 1: Short title
       The Transit in Parks (TRIP) Act.
     Section 2: In general
       Amends Federal transit laws by adding new section 5316, 
     ``Federal Land Transit Program.''
     Section 3: Findings and purposes
       The purpose of this Act is to promote the planning and 
     establishment of alternative transportation systems within, 
     and in the vicinity of, the national parks and other public 
     lands to protect and conserve natural, historical, and 
     cultural resources, mitigate adverse impact on those 
     resources, relieve congestion, minimize transportation fuel 
     consumption, reduce pollution, and enhance visitor mobility 
     and accessibility and the visitor experience. The Act 
     responds to the need for alternative transportation systems 
     in the national parks and other public lands identified in 
     the study conducted by the Department of Transportation 
     pursuant to section 3039 of TEA-21, by establishing Federal 
     assistance to finance mass transportation projects within and 
     in the vicinity of the national parks and other public lands, 
     to increase coordination with gateway communities, to 
     encourage public-private partnerships, and to assist in the 
     research and deployment of improved mass transportation 
     equipment and methods.
     Section 4: Definitions
       This section defines eligible projects and eligible 
     participants in the program. A ``qualified participant'' is a 
     Federal land management agency, or a State or local 
     governmental authority acting with the consent of a Federal 
     land management agency. A ``qualified project'' is a planning 
     or capital mass transportation project, including rail 
     projects, clean fuel vehicles, joint development activities, 
     pedestrian and bike paths, waterborne access, or projects 
     that otherwise better protect the eligible areas and increase 
     visitor mobility and accessibility. ``Eligible areas'' are 
     lands managed by the National Park Service, the U.S. Fish and 
     Wildlife Service, and the Bureau of Land Management, as well 
     as any other Federally-owned or -managed park, refuge, or 
     recreational area that is open to the general public. 
     Qualified projects may be located either within eligible 
     areas or in gateway communities in the vicinity of eligible 
     areas.
     Section 5: Federal Agency cooperative arrangements
       This section implements the 1997 Memorandum of 
     Understanding between the Departments of Transportation and 
     the Interior for the exchange of technical assistance in mass 
     transportation, the development of mass transportation policy 
     and coordination, and the establishment of criteria for 
     planning, selection, and funding of projects under this 
     section.
     Section 6: Types of assistance
       This section gives the Secretary of Transportation 
     authority to provide Federal assistance through grants, 
     cooperative agreements, inter- or intra-agency agreements, or 
     other agreements, including leasing under certain conditions, 
     for a qualified project under this section.
     Section 7: Limitation on use of available amounts
       This section specifies that the Secretary may not use more 
     than 5% of the amounts available under this section for 
     planning, research, and technical assistance; these amounts 
     can be supplemented from other sources. In addition, to 
     ensure a broad distribution of funds, no project can receive 
     more than 12% of the total amount available under this 
     section in any given year.
     Section 8: Planning process
       This section requires the Secretaries of Transportation and 
     the Interior to cooperatively develop a planning process 
     consistent with TEA-21 for qualified participants which are 
     Federal land management agencies. If the qualified 
     participant is a State or local governmental authority, the 
     qualified participant shall comply with the TEA-21 planning 
     process and consult with the appropriate Federal land 
     management agency during the planning process.
     Section 9: Department's share of the costs
       This section requires that in determining the Department's 
     share of the project costs, the Secretary of Transportation, 
     in cooperation with the Secretary of the Interior, must 
     consider certain factors, including visitation levels and 
     user fee revenues, coordination in project development with a 
     public or private transit provider, private investment, and 
     whether there is a clear and direct financial benefit to the 
     qualified participant. The intent is to establish criteria 
     for a sliding scale of assistance, with a lower Departmental 
     share for projects that can attract outside investment, and a 
     higher Departmental share for projects that may not have 
     access to such outside resources. In addition, this section 
     specifies that funds from the Federal land management 
     agencies can be counted toward the local share.
     Section 10: Selection of qualified projects
       This section provides that the Secretary of the Interior, 
     in cooperation with the Secretary of Transportation, shall 
     prioritize the qualified projects for funding in an annual 
     program of projects, according to the following criteria: (1) 
     project justification, including the extent to which the 
     project conserves resources, prevents or mitigates adverse 
     impact, and enhances the environment; (2) project location to 
     ensure geographic diversity and both rural and urban 
     projects; (3) project size for a balanced distribution; (4) 
     historical and cultural significance; (5) safety; (6) the 
     extent to which the project would enhance livable 
     communities, reduce pollution and congestion, and improve the 
     mobility of people in the most efficient manner; and (7) any 
     other considerations the Secretary deems appropriate, 
     including visitation levels, the use of innovative financing 
     or joint development strategies, and coordination with 
     gateway communities.
     Section 11: Undertaking projects in advance
       This provision applies current transit law to this section, 
     allowing projects to advance prior to receiving Federal 
     funding, but allowing the advance activities to be counted 
     toward the local share as long as certain conditions are met.
     Section 12: Full funding agreement; project management plan
       This section provides that large projects require a project 
     management plan, and shall be carried out through a full 
     funding agreement to the extent the Secretary considers 
     appropriate.
     Section 13: Relationship to Other Laws
       This provision applies certain transit laws to projects 
     funded under this section, and permits the Secretary to apply 
     any other terms or conditions he or she deems appropriate.
     Section 14: Innovative financing
       This section provides that a project assisted under this 
     Act can also use funding from a State Infrastructure Bank or 
     other innovative financing mechanism that is available to 
     fund other eligible transit projects.
     Section 15: Asset management
       This provision permits the Secretary of Transportation to 
     transfer control over a transit asset acquired with Federal 
     funds under this section to a qualified government

[[Page S7113]]

     participant in accordance with certain Federal property 
     management rules.
     Section 16. Coordination of research and deployment of new 
         technologies
       This provision allows the Secretary, in cooperation with 
     the Secretary of the Interior, to enter into grants or other 
     agreements for research and deployment of new technologies to 
     meet the special needs of eligible areas under this Act.
     Section 17: Report
       This section requires the Secretary of Transportation to 
     submit a report on projects funded under this section to the 
     House Transportation and Infrastructure Committee and the 
     Senate Banking, Housing, and Urban Affairs Committee, to be 
     included in the Department's annual project report.
     Section 18: Authorization
       $65,000,000 is authorized to be appropriated for the 
     Secretary to carry out this program for each of the fiscal 
     years 2002 through 2007.
     Section 19: Conforming amendments
       Confirming amendments to the transit title, including an 
     amendment to allow 0.5% per year of the funds made available 
     under this section to be used for project management 
     oversight.
     Section 20: Technical amendments
       Technical corrections to the transit title in TEA-21.
                                  ____

                                                   American Public


                                   Transportation Association,

                                     Washington, DC, June 6, 2001.
     Hon. Paul S. Sarbanes,
     Chairman, Committee on Banking, Housing, and Urban Affairs,
     Dirksen Senate Office Building, Washington, DC.
       Dear Senator Sarbanes: Thank you for sharing with us a copy 
     of the ``Transit in Parks (TRIP) Act'' which would amend the 
     federal transit law at chapter 53, title 49 U.S.C.
       The Act would authorize federal assistance to certain 
     federal agencies and state and local entities to finance mass 
     transportation projects generally for the purpose of 
     addressing transportation congestion and mobility issues at 
     national parks and other eligible areas. In addition, the 
     legislation would encourage enhanced cooperation between the 
     Departments of Transportation and Interior regarding joint 
     efforts of those federal agencies to encourage the use of 
     public transportation at national parks.
       I am pleased to support your efforts to improve mobility in 
     our national parks. Public transportation clearly has much to 
     offer citizens who visit these national treasures, where 
     congestion and pollution are significant--and growing--
     problems. Moreover, this legislation should broaden the base 
     of support for public transportation, a key principle APTA 
     has been advocating for many years. In that regard, we will 
     review your bill with APTA's legislative leadership.
       I applaud you for writing the legislation, and look forward 
     to continuing to work with you and your staff. Let us know 
     what we can do to help your initiative!
           Sincerely yours,
                                                William W. Millar,
     President.
                                  ____

                                                    National Parks


                                     Conservation Association,

                                     Washington, DC, May 23, 2001.
     Hon. Paul Sarbanes,
     Hart Office Building,
     Washington, DC.
       Dear Senator Sarbanes: On behalf of the National Parks 
     Conservation Association (NPCA) and its over 400,000 members, 
     I want to thank you for proposing the Transit in Parks Act 
     that will enhance transit options for access to and within 
     our national parks. NPCA applauds your leadership and 
     foresight in recognizing the critical role that mass transit 
     can play in protecting our parks and improving the visitor 
     experience.
       Visitation to America's national parks has skyrocketed 
     during the past two decades, from 190 million visitors in 
     1975 to approximately 286 million visitors last year. 
     Increased public interest in these special places has placed 
     substantial burdens on the very resources that draw people to 
     the parks. As more and more individuals crowd into our 
     national parks--typically by automobile--fragile habitat, 
     endangered plants and animals, unique cultural treasures, and 
     spectacular natural resources and vistas are being damaged 
     from air and water pollution, noise intrusion, and 
     inappropriate use.
       As outlined in your legislation, the establishment of a 
     program within the Department of Transportation dedicated to 
     enhancing transit options in and adjacent to the national 
     parks will have a powerful, positive effect on the future 
     ecological and cultural integrity of the parks. Your 
     initiative will boost the role of alternative transportation 
     solutions for national parks, particularly those most heavily 
     impacted by visitation such as Yellowstone-Grand Teton, 
     Yosemite, Grand Canyon, Acadia, and the Great Smoky Mountains 
     national parks. For instance, development of transportation 
     centers and auto parking lots outside the parks, complemented 
     by the use of buses, vans, or rail systems, and/or bicycle 
     and pedestrian pathways would provide much more efficient 
     means of handling the crush of visitation. The benefit of 
     such systems has already been demonstrated in a number of 
     parks such as Zion and Cape Cod.
       Equally important, the legislation will provide an 
     excellent opportunity for the National Park Service (NPS) to 
     enter into public/private partnerships with states, 
     localities, and the private sector, providing a wider range 
     of transportation options than exists today. These 
     partnerships could leverage funds that NPS currently has 
     great difficulty accessing.
       NPCA wholeheartedly endorses your bill as a creative new 
     mechanism to fulfill the primary mission of the National Park 
     System: ``to conserve the scenery and the natural and 
     historic objects and the wildlife therein, and to provide for 
     the enjoyment of the same in such manner and by such means as 
     will leave them unimpaired for the enjoyment of future 
     generations.''
       We look forward to working with you to move this 
     legislation to enactment
           Sincerely,
                                                Thomas C. Kiernan,
     President.
                                  ____



                                         Friends of the Earth,

                                                    June 27, 2001.
     Hon. Paul Sarbanes,
     Hart Office Building,
     Washington, DC.
       Dear Senator Sarbanes: On behalf of Friends of the Earth, I 
     want to thank you for proposing the Transit in Parks Act. 
     This important bill will enhance transit options for access 
     to and within our national parks. Your leadership in this 
     matter is greatly appreciated.
       Americans are visiting our national parks at an 
     unprecedented rate, with visitation growing from 190 million 
     visitors in 1975 to approximately 286 million visitors last 
     year. With increased visitation comes an increased burden on 
     the parks. As more and more individuals take their cars into 
     our national parks, fragile habitat, endangered plants and 
     animals, unique cultural treasures, and spectacular natural 
     resources and vistas are being damaged from air and water 
     pollution, noise intrusion, and inappropriate use.
       Your innovative legislation would establish a program 
     within the Department of Transportation dedicated to 
     enhancing transit options in and adjacent to the national 
     parks. This is of vital importance for the future of our 
     national parks. Your initiative will boost the role of 
     alternative transportation solutions for national parks, 
     particularly those most heavily impacted by visitation. For 
     instance, development of transportation centers and auto 
     parking lots outside the parks, complemented by the use of 
     buses, vans, or rail systems, and/or bicycle and pedestrian 
     pathways would provide much more efficient means of handling 
     the crush of visitation. The benefit of such systems has 
     already been demonstrated in a number of parks such as Zion 
     and Cape Cod.
       We look forward to working with you to move this 
     legislation to enactment.
           Sincerely,
                                                     David Hirsch,
     Transportation Policy Coordinator.
                                  ____



                                        Environmental Defense,

                                     Washington, DC, May 22, 2001.
     Hon. Paul Sarbanes,
     U.S. Senate,
     Washington, DC.
       Dear Senator Sarbanes: I am writing on behalf of the 
     Environmental Defense Fund and our 300,000 members to express 
     support for your bill, the Transit in Parks Act, which will 
     provide dedicated funding for transit projects in our 
     national parks. Too many of our parks suffer from the 
     consequences of poor transportation systems; traffic 
     congestion, air and water pollution, and disturbance of 
     natural ecosystems.
       Increased funding for attractive and effective transit 
     services to and within our national parks is essential to 
     mitigating these growing problems. A good working transit 
     system in a number of our national parks will make the park 
     experience not only more enjoyable for the many families that 
     travel there, it will help improve environmental conditions. 
     Air pollutants that exacerbate respiratory health problems, 
     damage vegetation, and contribute to haze which too often 
     obliterates the views at our parks, will be abated by 
     decreasing the number of cars and congestion levels in the 
     parks. Improved transit related to our parks is key to 
     diversifying transportation choices and access for the 
     benefit of all who might visit our national park system. It 
     is also vital to assuring equal access for all citizens to 
     our parks, including those without cars.
       We appreciate your leadership on this issue and your 
     dedication to the health of our national parks and expanded 
     choices in our transportation systems. We look forward to 
     working with you to move your legislation forward.
           Sincerely,
                                                 Michael Replogle,
     Transportation Director.
                                  ____

                                          Community Transportation


                                                  Association,

                                     Washington, DC, June 7, 2001.
     Hon. Paul Sarbanes,
     Committee on Banking, Housing and Urban Affairs,
     U.S. Senate, Washington, DC.
       Dear Senator Sarbanes: The Community Transportation 
     Association continues to support your efforts to provide 
     alternative transportation strategies in our national parks 
     and other public lands. Our association's 3,400 members 
     provide public and community transportation services in many 
     of the smaller communities that border these

[[Page S7114]]

     national parks, monuments, and recreational areas, and our 
     association has members actively involved in providing 
     transportation services at several national parks.
       All of us know the danger that congestion and increases in 
     traffic pose for the future of these sites and locations. 
     Your continued sponsorship of the Transit in Parks Act is an 
     important step in helping ensure that America's natural 
     beauty and historic treasures remain a continuous part of our 
     nation's future. We have members throughout the country whose 
     experiences support the principle that public transit 
     investments in and near national parks and public lands can 
     improve mobility, support the economic vitality of these 
     parks' ``gateway communities,'' and make dramatic 
     improvements in the experiences of park visitors, employees, 
     and community residents alike.
       As an illustration of this point, enclosed is an article 
     recently published in our Community Transportation magazine 
     that discusses public transportation as part of the solution 
     to traffic congestion and mobility issues in Acadia, Yosemite 
     and Zion National Parks. These success stories could be 
     replicated in many other communities under your Transit in 
     Parks proposal.
       We appreciate your dedicated efforts and initiative in this 
     regard, and look forward to helping you advance this 
     important piece of legislation.
           Sincerely,
                                                  Dale J. Marsico,
     Executive Director.

                          ____________________