[Congressional Record Volume 151, Number 50 (Friday, April 22, 2005)]
[Senate]
[Pages S4151-S4157]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. SARBANES (for himself, Mr. Alexander, Mr. Akaka, Mrs. 
        Boxer, Mr. Corzine, Mr. Dodd, Mrs. Feinstein, Mr. Kennedy, Mr. 
        Lautenberg, Mr. Levin, Mr. Salazar, Mr. Schumer, Ms. Stabenow, 
        and Mr. Wyden):
  S. 890. A bill to provide for alternative 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, today is Earth Day, founded 35 years ago 
to celebrate our natural world and encourage efforts to protect its 
future. As part of that effort, I am introducing today legislation 
similar to measures I have introduced in previous Congresses that will 
help protect our Nation's natural resources and improve the visitor 
experience in our national parks and other public lands. The Transit in 
Parks Act, or TRIP, establishes a new Federal transit grant initiative 
to support the development of alternative transportation services for 
our national parks, wildlife refuges, Federal recreational areas, and 
other public lands. I am pleased to be joined by Senators Alexander, 
Akaka, Boxer, Corzine, Dodd, Feinstein, Kennedy, Lautenberg, Levin, 
Salazar, Schumer, Stabenow, and Wyden, who are cosponsors of this 
legislation.
  Over the last several years, both the Administration and the Congress 
have demonstrated support for transit in the parks by including either 
the TRIP Act or a similar initiative in their proposals for the 
reauthorization of the Transportation Equity Act for the 21st Century. 
In fact, the Transit in Parks program was included in the 
reauthorization bill that passed the Senate by an overwhelming vote 
during the last Congress. Unfortunately, that legislation was not 
completed by the House-Senate conference committee before the end of 
the Congress, and will have to be taken up anew during the current 
session.
  It is in this context that I want to underscore again today some of 
the principal arguments I have made in past years as to why this 
legislation is urgently needed. Every year, millions of visitors head 
to our national parks to enjoy the incredible natural heritage with 
which our Nation was endowed. But too many of them will spend hours 
looking for parking, or staring at the bumper of the car in front of 
them.
  Clearly, the world has changed significantly since the national parks 
first opened in the second half of the nineteenth century, when 
visitors arrived by stagecoach along dirt roads. At that time, 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

[[Page S4152]]

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 have resulted in increasing damage to our parks. The 
Grand Canyon alone has more than 4 million visitors a year. As many as 
6,100 vehicles enter the South Rim area in a single summer day. They 
compete for 1,392 spaces in the Village area. About 150 commercial tour 
buses enter the South Rim on a typically busy day. 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 2003, that number had risen to 266 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 parks: Yosemite, which has more 
than 3 million visitors a year; Yellowstone, which has almost 3 million 
visitors a year and experiences such severe traffic congestion that 
access has to be restricted; Acadia; Bryce; Zion 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 upwards of $300 million a year 
into the local economy, which supports almost 9,000 jobs. At 
Yellowstone, tourists spend more than $200 million annually, which 
supports more than 6,000 jobs in the park and in adjacent communities. 
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 a 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 Federal Lands Alternative Transportation Systems Study 
confirmed 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 study examined over 200 sites, and identified needs for 
alternative transportation services at two-thirds of those sites. The 
study found that implementation of such services can help achieve a 
number of desirable outcomes: ``Relieve traffic congestion and parking 
shortages; enhance visitor mobility and accessibility; preserve 
sensitive natural, cultural, and historic resources; provide improved 
interpretation, education and visitor information services; reduce 
pollution; and improve economic development opportunities for gateway 
communities.''
  In fact, the study concluded that ``the provision of transit in 
federally-managed lands can have national economic implications as well 
as significant economic benefits for local areas surrounding the 
sites.'' The study determined that funding transit needs would support 
thousands of jobs around the country, while also providing a direct 
benefit to the economy of gateway communities by ``expand[ing] the 
number of visits to the site and expand[ing] the amount of visitor 
spending in the surrounding communities.''
  The study identified ``lack of a dedicated funding source for 
developing, implementing, and operating and maintaining transit 
systems'' as a key barrier to implementation of alternative 
transportation in and around federally-managed lands. The Transit in 
Parks Act will go far toward helping parks and their gateway 
communities overcome this barrier. This new Federal transit grant 
program will provide funding to the Federal land management agencies 
that manage the 388 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 bill's objectives are to develop new and expanded 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 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 Secretary of Transportation may make funds available 
for operations as well. The bill authorizes $90 million for this new 
program for each of the fiscal years 2005 through 2010, consistent with 
the level of need identified in the study. It is anticipated that other 
resources--both public and private--will be available to augment these 
amounts.
  The bill formalizes the cooperative arrangement outlined 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 
transportation 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 parks such as the Grand Canyon or 
Yellowstone are

[[Page S4153]]

clearly appropriate candidates for significant transit projects under 
this bill, 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-21 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.
  The Transit in Parks program is strongly supported by the National 
Parks Conservation Association, American Public Transportation 
Association, Natural Resources Defense Council, Community 
Transportation Association, America Bikes, Friends of the Earth, 
Amalgamated Transit Union, Surface Transportation Policy Project, and 
others, and I ask unanimous consent that the bill, a section-by-section 
analysis, and letters of support be printed in the Record.
  I believe that we have a clear choice before us: we can turn paradise 
into a parking lot or we can invest in alternatives. As we celebrate 
the 35th anniversary of Earth Day, I urge my colleagues to support the 
Transit in Parks Act to ensure that our Nation's natural treasures will 
be preserved for many generations to come.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 890

       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) the study found that many federally-managed sites are 
     experiencing very high visitation levels that are continuing 
     to increase and that there are significant transit needs at 
     many of these sites;
       ``(C) the study concluded that implementing transit on 
     federally-managed land can help--
       ``(i) relieve traffic congestion and parking shortages;
       ``(ii) enhance visitor mobility and accessibility;
       ``(iii) preserve sensitive natural, cultural, and historic 
     resources;
       ``(iv) provide improved interpretation, education, and 
     visitor information services;
       ``(v) reduce pollution; and
       ``(vi) improve economic development opportunities for 
     gateway communities;
       ``(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 described in subparagraph (C);
       ``(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 alternative 
     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 
     alternative 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 
     alternative transportation systems and nonmotorized 
     transportation systems to be operated by public or private 
     alternative 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 alternative transportation equipment, facilities, 
     techniques, and methods with the cooperation of public and 
     private companies and other entities engaged in the provision 
     of alternative transportation service.
       ``(b) Definitions.--In this section:
       ``(1) Alternative transportation.--
       ``(A) In general.--The term `alternative 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 `alternative transportation' 
     includes sightseeing service.
       ``(2) 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.
       ``(3) Federal land management agency.--The term `Federal 
     land management agency' means a Federal agency that manages 
     an eligible area.
       ``(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 alternative transportation 
     vehicles that introduce innovative technologies or methods;
       ``(C) relates to the capital costs of coordinating the 
     Federal land management agency

[[Page S4154]]

     alternative transportation systems with other alternative 
     transportation systems;
       ``(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 alternative 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 alternative transportation;
       ``(2) interagency and multidisciplinary teams to develop 
     Federal land management agency alternative 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 alternative 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.
       ``(4) Operations.--To the extent the Secretary determines 
     appropriate, the Secretary may make grants under this section 
     to finance the operating cost of equipment and facilities for 
     use in a qualified project.
       ``(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 alternative 
     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.

[[Page S4155]]

       ``(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.
       ``(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 $90,000,000 for each of fiscal 
     years 2005 through 2010.
       ``(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 alternative 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 alternative 
     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 alternative 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 
     alternative transportation, the development of alternative 
     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. This section also 
     gives the Secretary discretion to make grants to pay for 
     operating expenses. 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

[[Page S4156]]

     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 governmental 
     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
       $90,000,000 is authorized to be appropriated for the 
     Secretary to carry out this program for each of the fiscal 
     years 2005 through 2010.
     Section 19. Conforming amendments
       Conforming 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.
                                  ____

                                                   April 21, 2005.
     Hon. Paul Sarbanes,
     309 Hart Office Building,
     Washington, DC.
       Dear Senator Sarbanes: The undersigned organizations want 
     to thank you for introducing the Transit in Parks Act that 
     will enhance transit options for access to and within our 
     public lands. We applaud your leadership and foresight in 
     recognizing the critical role that mass transit can play in 
     protecting our public lands and improving the visitor 
     experience.
       Visitation to America's public lands has skyrocketed during 
     the past two decades. The national parks, for example, have 
     seen their visitation increase from 190 million visitors in 
     1975 to approximately 277 million visitors last year. 
     Increased public interest in these special places has placed 
     substantial burdens on the very resources that draw people to 
     these lands. As more and more individuals crowd into our 
     public lands--typically by automobi1e--fragi1e 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 public lands 
     will have a powerful, positive effect on the future 
     ecological and cultural integrity of these areas. Your 
     initiative will boost the role of alternative transportation 
     solutions for many areas, 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 NPS, BLM and FWS 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 the federal land managing agencies currently have 
     great difficulty accessing.
       Finally, we support the legislation because it addresses 
     the critical lack of resources for maintaining and operating 
     alternative transportation systems once they are established.
       We wholeheartedly endorse your bill as a creative new 
     mechanism to protect and enhance both the resources and 
     visitor experiences associated with America's public lands.
       We look forward to working with you to move this 
     legislation to enactment.
           Sincerely,
       Thomas C. Kiernan, President, Nat'l Parks Conservation 
     Association.
       Steve Winkelman, Manager of Transportation, Center for 
     Clean Air Policy.
       David Hirsch, Program Director, Friends of the Earth.
       John Thorner, Executive Director, Nat'l Recreation and Park 
     Association.
       Andy Clarke, President, America Bikes.
       W. Kent Olson, President, Friends of Acadia.
       Mele Williams, Director of Government Relations, League of 
     American Bicyclists.
       Anne P. Canby, President, Surface Transportation Policy 
     Project.
                                  ____

                                    American Public Transportation


                                                  Association,

                                                   Washington, DC,
                                                   April 21, 2005.
     Hon. Paul S. Sarbanes,
     Ranking Member, Senate 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 Act'' (TRIP) which would amend 
     federal transit law at Chapter 53, title 49 U.S.C. The Act 
     would authorize federal assistance to certain federal 
     projects 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 the 
     American Public Transportation Association has been 
     advocating for many years.
       I applaud you for writing the legislation, and look forward 
     to continuing to work with you and your staff. Please let us 
     know what we can do to help your initiative!
           Sincerely yours,
                                                William W. Millar,
     President
                                  ____

                                                   April 19, 2005.
     Hon. Paul Sarbanes,
     U.S. Senate, Hart Senate Office Building, Washington, DC.
       Dear Senator Sarbanes: On behalf of the more than 550,000 
     members of the Natural Resources Defense Council, I am 
     writing to support your Transit in Parks Act. Many of our 
     national parks are suffering from the impacts of too many 
     automobiles: traffic congestion, air and water pollution, and 
     disturbance of natural ecosystems resulting in both the 
     degradation of natural and cultural resources and the 
     visitor's experience. Providing dedicated funding for transit 
     projects in our national parks, as your bill would do, is a 
     priority solution to these problems in the National Park 
     System.
       It is essential in many parks to get visitors out of their 
     automobiles by providing attractive and effective transit 
     services to and within national parks. A sound practical 
     transit system will improve the visitor's experience--making 
     it more convenient and enjoyable for families and visitors of 
     all ages. Better transit is critical to diversifying 
     transportation choices and providing better access for the 
     benefit of all park visitors. Air pollutants from automobiles 
     driven by visitors can exacerbate respiratory health 
     problems, damage vegetation, and contribute to haze that too 
     often obliterates park vistas. And the more we get people 
     into public transit and out of their inividual cars, the more 
     energy will be conserved. Lastly, a positive park transit 
     experience will demonstrate to visitors that transit could 
     serve them at home too, which should provide the indirect 
     benefit of higher ridership on other transit systems, in 
     short, this bill would help to reduce reliance on automobiles 
     by authorizing the funding so our national parks can build 
     and operate efficient and convenient transit systems.
       With their great biodiversity and their recreational and 
     educational value for all Americans, national parks make up 
     some the nation's most valuable land. As driving increases in 
     parks and on our roadways, it is crucial to find ways to use 
     existing infrastructure more efficiently and to reduce the 
     impacts of transportation onthese vital and sensitive lands.
       We commend and thank you for your dedication and leadership 
     on this issue and more generally to the protection of our 
     national parks. Please look to us to help you establish 
     better public transit in our national parks.
           Sincerely,
                                                Charles M. Clusen,
     Senior Policy Analyst.
                                  ____

           Amalgamated Transit Union, Office of the International 
                                                        President,
                                   Washington, DC, April 12, 2005.
     Hon. Paul Sarbanes,
     Ranking Member, Senate Committee on Banking, Housing, and 
         Urban Affairs, Hart Senate Office Building, Washington, 
         DC.
       Dear Senator Sarbanes: On behalf of the more than 180,000 
     members of the Amalgamated Transit Union (ATU), the largest 
     labor organization representing mass transit, over-the-road, 
     and school bus drivers in the United States and Canada, I am 
     writing to express our strong support for the ``Transit in 
     Parks Act'' (TRIP), which would provide increased funding for 
     public transportation in national parks and other public 
     lands. Without question, this legislation begins to address 
     the major congestion and environmental issues that currently 
     exist in U.S. National Parks from coast to coast.
       Through the years, Federal transit programs have enabled 
     public transportation providers to assist urban communities. 
     to

[[Page S4157]]

     significantly reduce congestion and improve air quality by 
     investing in mass transit, either bus or rail. Like you, we 
     believe that this can also be achieved in our national parks, 
     which during peak months become the equivalent of American 
     cities, inundated with hundreds of millions of visitors each 
     year. Therefore, ATU supports the adoption of the Transit in 
     Parks Act as part of TEA 21's reauthorization.
       We would welcome the opportunity to discuss this and any 
     other transit issues with you or your staff at any time. As 
     always, thank you for your continuous support of the people 
     who proudly provide public transportation services for 
     millions of Americans each day, and for recognizing that mass 
     transit can provide benefits beyond our cities and suburbs.
           Sincerely,
                                                 Warren S. George,
     International President.
                                  ____

                                                   April 21, 2005.
     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 7,500 members 
     provide public and community transportation services in many 
     of the smaller communities that border these 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.
       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, CCTM,
     Executive Director.

                          ____________________