[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Page S5781]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2446. Mr. OSSOFF submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        On page 202, strike line 5 and insert the following:
       (2) in subsection (l)--
       (A) by striking paragraph (2);
       (B) by striking the subsection designation and all that 
     follows through ``In determining'' in paragraph (1) in the 
     matter preceding subparagraph (A) and inserting the 
     following:
       ``(l) Accommodating Utility Facilities in the Right-of-
     way.--
       ``(1) Definitions.--In this subsection:
       ``(A) Right-of-way.--The term `right-of-way' means any real 
     property, or interest therein, acquired, dedicated, or 
     reserved for the construction, operation, and maintenance of 
     a highway.
       ``(B) Utility facility.--
       ``(i) In general.--The term `utility facility' means any 
     privately, publicly, or cooperatively owned line, facility, 
     or system for producing, transmitting, or distributing 
     communications, power, electricity, light, heat, gas, oil, 
     crude products, water, steam, waste, storm water not 
     connected with highway drainage, or any other similar 
     commodity, including any fire or police signal system or 
     street lighting system, that directly or indirectly serves 
     the public.
       ``(ii) Inclusions.--The term `utility facility' includes--

       ``(I) alternative fueling infrastructure;
       ``(II) a renewable energy generation facility;
       ``(III) electrical transmission and distribution 
     infrastructure; and
       ``(IV) broadband infrastructure and conduit.

       ``(2) Accommodation.--In determining''; and
       (C) by adding at the end the following:
       ``(3) State approval.--A State, on behalf of the Secretary, 
     may approve accommodating a utility facility described in 
     paragraph (1)(B)(ii) within a right-of-way on a Federal-aid 
     highway.'';
       (3) in subsection (o)--
       On page 202, line 23, strike ``(3)'' and insert ``(4)''.
       On page 203, strike line 17 and insert the following:

     the project is located on a Federal-aid highway.
       ``(t) Vegetation Management.--Notwithstanding any other 
     provision of law, States are encouraged to implement, or to 
     enter into partnerships to implement, vegetation management 
     practices, such as increased mowing heights and planting 
     native grasses and pollinator-friendly habitats, along a 
     right-of-way on a Federal-aid highway, if the implementation 
     of those practices--
       ``(1) is in the public interest; and
       ``(2) will not impair the highway or interfere with the 
     free and safe flow of traffic.''.
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