[104th Congress Public Law 59]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ59.104]
NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995
Public Law 104-59
104th Congress
An Act
To amend title 23, United States Code, to provide for the designation of
the National Highway System, and for other purposes. <<NOTE: Nov. 28,
1995 - [S. 440]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Highway
System Designation Act of 1995. Intergovernmental relations.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 23 USC 101 note.>> Short Title.--This Act may be cited
as the ``National Highway System Designation Act of 1995''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.
TITLE I--NATIONAL HIGHWAY SYSTEM
Sec. 101. National highway system designation.
TITLE II--TRANSPORTATION FUNDING FLEXIBILITY
Sec. 201. Findings and purposes.
Sec. 202. Funding restoration.
Sec. 203. Rescissions.
Sec. 204. State unobligated balance flexibility.
Sec. 205. Relief from mandates.
Sec. 206. Definitions.
TITLE III--MISCELLANEOUS HIGHWAY PROVISIONS
Sec. 301. Traffic monitoring, management, and control on NHS.
Sec. 302. Transferability of apportionments.
Sec. 303. Quality improvement.
Sec. 304. Design criteria for the national highway system.
Sec. 305. Applicability of transportation conformity requirements.
Sec. 306. Motorist call boxes.
Sec. 307. Quality through competition.
Sec. 308. Limitation on advance construction.
Sec. 309. Preventive maintenance.
Sec. 310. Federal share.
Sec. 311. Eligibility of bond and other debt instrument financing for
reimbursement as construction expenses.
Sec. 312. Vehicle weight and longer combination vehicles exemptions.
Sec. 313. Toll roads.
Sec. 314. Scenic byways.
Sec. 315. Applicability of certain requirements to third party sellers.
Sec. 316. Streamlining for transportation enhancement projects.
Sec. 317. Metropolitan planning for highway projects.
Sec. 318. Non-Federal share for certain toll bridge projects.
Sec. 319. Congestion mitigation and air quality improvement program.
Sec. 320. Operation of motor vehicles by intoxicated minors.
Sec. 321. Utilization of the private sector for surveying and mapping
services.
Sec. 322. Donations of funds, materials, or services for federally
assisted projects.
Sec. 323. Discovery and admission as evidence of certain reports and
surveys.
Sec. 324. Alcohol-impaired driving countermeasures.
Sec. 325. References to Committee on Transportation and Infrastructure.
Sec. 326. Public transit vehicles exemption.
Sec. 327. Use of recycled paving material.
Sec. 328. Roadside barrier technology.
Sec. 329. Corrections to miscellaneous authorizations.
Sec. 330. Corrections to high cost bridge projects.
Sec. 331. Corrections to congestion relief projects.
Sec. 332. High priority corridors.
Sec. 333. Corrections to rural access projects.
Sec. 334. Corrections to urban access and mobility projects.
Sec. 335. Corrections to innovative projects.
Sec. 336. Corrections to intermodal projects.
Sec. 337. National recreational trails.
Sec. 338. Intelligent transportation systems.
Sec. 339. Eligibility.
Sec. 340. Miscellaneous corrections to Surface Transportation and
Uniform Relocation Assistance Act of 1987.
Sec. 341. Accessibility of over-the-road buses to individuals with
disabilities.
Sec. 342. Alcohol and controlled substances testing.
Sec. 343. National driver register.
Sec. 344. Commercial motor vehicle safety pilot program.
Sec. 345. Exemptions from requirements relating to commercial motor
vehicles and their operators.
Sec. 346. Winter home heating oil delivery State flexibility program.
Sec. 347. Safety report.
Sec. 348. Moratorium on certain emissions testing requirements.
Sec. 349. Roads on Federal lands.
Sec. 350. State infrastructure bank pilot program.
Sec. 351. Railroad-highway grade crossing safety.
Sec. 352. Collection of bridge tolls.
Sec. 353. Traffic control.
Sec. 354. Public use of rest areas.
Sec. 355. Safety belt use law requirements for New Hampshire and Maine.
Sec. 356. Orange County, California, toll roads.
Sec. 357. Compilation of title 23, United States Code.
Sec. 358. Safety research initiatives.
Sec. 359. Miscellaneous studies.
TITLE IV--WOODROW WILSON MEMORIAL BRIDGE
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Purposes.
Sec. 404. Definitions.
Sec. 405. Establishment of authority.
Sec. 406. Government of authority.
Sec. 407. Ownership of bridge.
Sec. 408. Project planning.
Sec. 409. Additional powers and responsibilities of authority.
Sec. 410. Funding.
Sec. 411. Availability of prior authorizations.
SEC. 2. <<NOTE: 23 USC 101 note.>> SECRETARY DEFINED.
In this Act, the term ``Secretary'' means the Secretary of
Transportation.
TITLE I--NATIONAL HIGHWAY SYSTEM
SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNATION.
(a) In General.--Section 103(b) of title 23, United States Code, is
amended by adding at the end the following:
``(5) Designation of nhs.--The National Highway System as
submitted by the Secretary of Transportation on the map entitled
`Official Submission, National Highway System, Federal Highway
Administration', and dated November 13, 1995, is hereby
designated within the United States, including the District of
Columbia and the Commonwealth of Puerto Rico.
``(6) Modifications to nhs.--
``(A) In general.--Subject to paragraph (7), the
Secretary may make modifications to the National Highway
System that are proposed by a State or that are proposed
by the State and revised by the Secretary if the
Secretary determines that each of the modifications--
``(i) meets the criteria established for the
National Highway System under this title; and
``(ii) enhances the national transportation
characteristics of the National Highway System.
``(B) Cooperation.--In proposing modifications under
this paragraph, a State shall cooperate with local and
regional officials. In urbanized areas, the local
officials shall act through the metropolitan planning
organizations designated for such areas under section
134.
``(7) Transitional rules for intermodal connectors.--
``(A) Required submission.--Not later than 180 days
after the date of the enactment of the National Highway
System Designation Act of 1995, the Secretary shall
submit for approval to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives modifications to the National Highway
System that are proposed by a State or that are proposed
by the State and revised by the Secretary and that
consist of connectors to major ports, airports,
international border crossings, public transportation
and transit facilities, interstate bus terminals, and
rail and other intermodal transportation facilities.
``(B) Cooperation.--Paragraph (6)(B) shall apply to
modifications proposed by a State under this paragraph.
``(C) Eligibility.--
``(i) Initial approval by law.--Modifications
proposed under subparagraph (A) may take effect
only if a law has been enacted approving such
modifications.
``(ii) Interim eligibility.--Notwithstanding
clause (i), a project to construct a connector to
an intermodal transportation facility described in
subparagraph (A) shall be eligible for funds
apportioned under section 104(b)(1) for the
National Highway System if the Secretary finds
that the project is consistent with criteria
developed by the Secretary for construction of
such connectors.
``(iii) Period of eligibility.--A project
which is eligible under clause (ii) for funds
apportioned under section 104(b)(1) shall remain
eligible for such funds pursuant to clause (ii)
only until the date of the enactment of a law
described in clause (i).
``(D) Modifications after initial approval.--After
the date of the enactment of a law described in
subparagraph (C)(i), a modification consisting of a
connector to an intermodal transportation facility
described in subparagraph (A) may be made in accordance
with paragraph (6).
``(8) Congressional high priority corridors.--Upon the
completion of feasibility studies, the Secretary shall add to
the National Highway System any congressional high priority
corridor or any segment thereof established by section 1105 of
the Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 2031-2037) which was not identified on the National
Highway System designated by paragraph (5).''.
(b) Conforming Amendments.--Section 103(b)(3) of such title is
amended--
(1) in subparagraph (C) by striking ``For purposes of
proposing highways for designation to the National Highway
System, the'' and inserting ``The''; and
(2) in subparagraph (D)--
(A) by striking ``In proposing highways for
designation to the National Highway System, the'' and
inserting ``The''; and
(B) by inserting after ``mileage'' the following:
``on the National Highway System''.
TITLE II--TRANSPORTATION FUNDING <<NOTE: Urban and rural areas.>>
FLEXIBILITY
SEC. 201. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds and declares that--
(1) Federal infrastructure spending on transportation is
critical to the efficient movement of goods and people in the
United States;
(2) section 1003(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1921) has been estimated to
result in fiscal year 1996 transportation spending being reduced
by as much as $2,700,000,000;
(3) such section 1003(c) will result in a reduction of
critical funds to States from the Highway Trust Fund; and
(4) the funding reduction will have adverse effects on the
national economy and the predictability of funding for the
Nation's highway system and impede interstate commerce.
(b) Purposes.--The purposes of this title are--
(1) to make the program categories in the Federal-aid
highway program more flexible so that States may fund high-
priority projects in fiscal year 1996;
(2) to reallocate funds from certain programs during fiscal
year 1996 so that the States will be able to continue their core
transportation infrastructure programs;
(3) to ensure the equitable distribution of funds to
urbanized areas with a population over 200,000 in a manner
consistent with the Intermodal Surface Transportation Efficiency
Act of 1991; and
(4) to suspend certain penalties that would be imposed on
the States.
SEC. 202. FUNDING RESTORATION.
(a) In General.--Not later than the 10th day following the date of
the enactment of this Act and on October 1, 1997, or as soon as possible
thereafter, the Secretary shall allocate among the States the amounts
made available, as a result of section 203, to carry out this section
for fiscal years 1996 and 1997, respectively, for projects eligible for
assistance under chapter 1 of title 23, United States Code.
(b) Allocation Formula.--Funds made available to carry out this
section shall be allocated among the States in accordance with the
following table:
States: Allocation Percentages
Alabama................................................... 1.80
Alaska.................................................... 1.20
Arizona................................................... 1.43
Arkansas.................................................. 1.42
California................................................ 9.17
Colorado.................................................. 1.27
Connecticut............................................... 1.74
Delaware.................................................. 0.39
District of Columbia...................................... 0.52
Florida................................................... 4.04
Georgia................................................... 2.92
Hawaii.................................................... 0.54
Idaho..................................................... 0.70
Illinois.................................................. 3.88
Indiana................................................... 2.18
Iowa...................................................... 1.27
Kansas.................................................... 1.13
Kentucky.................................................. 1.53
Louisiana................................................. 1.52
Maine..................................................... 0.65
Maryland.................................................. 1.68
Massachusetts............................................. 4.11
Michigan.................................................. 2.75
Minnesota................................................. 1.69
Mississippi............................................... 1.11
Missouri.................................................. 2.28
Montana................................................... 0.93
Nebraska.................................................. 0.79
Nevada.................................................... 0.69
New Hampshire............................................. 0.48
New Jersey................................................ 2.86
New Mexico................................................ 1.02
New York.................................................. 5.35
North Carolina............................................ 2.62
North Dakota.............................................. 0.64
Ohio...................................................... 3.64
Oklahoma.................................................. 1.36
Oregon.................................................... 1.23
Pennsylvania.............................................. 4.93
Rhode Island.............................................. 0.56
South Carolina............................................ 1.42
South Dakota.............................................. 0.69
Tennessee................................................. 2.00
Texas..................................................... 6.21
Utah...................................................... 0.73
Vermont................................................... 0.43
Virginia.................................................. 2.28
Washington................................................ 2.05
West Virginia............................................. 1.15
Wisconsin................................................. 1.90
Wyoming................................................... 0.65
Puerto Rico............................................... 0.46
Territories...............................................0.01.
(c) Effect of Allocations.--Funds distributed to States under
subsection (b) shall not affect calculations to determine allocations to
States under section 157 of title 23, United States Code, and sections
1013(c), 1015(a), and 1015(b) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 104 note).
(d) Applicability of Chapter 1 of Title 23.--Notwithstanding any
other provision of law, funds made available to carry out this section
shall be available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States Code. Such
funds shall be available for obligation for the fiscal year for which
such amounts are made available plus the 3 succeeding fiscal years.
Obligation limitations for Federal-aid highways and highway safety
construction programs established by the Intermodal Surface
Transportation Efficiency Act of 1991 and subsequent laws shall apply to
obligations made under this section.
(e) Special Rule for Urbanized Areas of Over 200,000.--
(1) General rule.--The amount determined by application of
the percentage determined under paragraph (2) to funds allocated
to a State under this section for a fiscal year shall be
obligated in urbanized areas of the State with an urbanized
population of over 200,000 under section 133(d)(3) of title 23,
United States Code.
(2) Percentage.--The percentage referred to in paragraph (1)
is the percentage determined by dividing--
(A) the total amount of the reduction in funds that
would have been attributed under section 133(d)(3) of
title 23, United States Code, to urbanized areas of the
State with an urbanized population of over 200,000 for
fiscal year 1996 as a result of the application of
section 1003(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1921); by
(B) the total amount of the reduction in authorized
funds for fiscal year 1996 that would have been
allocated to the State, and that would have been
apportioned to the State, as a result of the application
of such section 1003(c).
(f) Limitation on Planning Expenditures.--One-half of 1 percent of
amounts allocated to each State under this section in any fiscal year
may be available for expenditure for the purpose of carrying out the
requirements of section 134 of title 23, United States Code (relating to
transportation planning). One and one-half percent of the amounts
allocated to each State under this section in any fiscal year may be
available for expenditure for the purpose of carrying out activities
referred to in section 307(c) of such title.
(g) Authorization of Appropriations.--There are authorized to be
appropriated, out of the Highway Trust Fund (other than the Mass Transit
Account), to carry out this section $266,522,436 for fiscal year 1996
and $155,000,000 for fiscal year 1997. Such funds shall not be subject
to an administrative deduction under section 104(a) of title 23, United
States Code.
(h) Territories Defined.--In this section, the term ``territories''
means the Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
SEC. 203. RESCISSIONS.
(a) <<NOTE: Effective date.>> Rescissions.--Effective on the date
of the enactment of this Act and after any necessary reductions are made
under section 1003(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1921), the following unobligated
balances available on such date of enactment, of funds made available
for the following provisions are hereby rescinded:
(1) $78,994 made available by section 131(c) of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2120).
(2) $798,701 made available by section 131(j) of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2123).
(3) $942,249 made available by section 149(a)(66) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 185).
(4) $52,834 made available by section 149(a)(95) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 195).
(5) $909,131 made available by section 149(a)(99) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 195).
(6) $797,800 made available by section 149(a)(100) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987 (101 Stat. 195).
(7) $2 made available by section 149(c)(3) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 201).
(8) $24,706,878 made available by section 1012(b)(6) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 1938).
(9) $15,401,107 made available by section 1003(a)(7) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 1919).
(10) $113,834,740, or such greater amount as may be
necessary to ensure that the aggregate of amounts rescinded by
this subsection and amounts reduced by the amendments made by
subsection (b) is equal to the amount authorized to be
appropriated by section 202(g) for fiscal year 1996, deducted by
the Secretary under section 104(a) of title 23, United States
Code.
(b) Reductions in Authorized Amounts.--
(1) Magnetic levitation.--Section 1036(d)(1) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 1986) is amended--
(A) in subparagraph (A) by inserting ``and'' after
``1994,'';
(B) in subparagraph (A) by striking ``,
$125,000,000'' and all that follows through ``1997'';
and
(C) in subparagraph (B) by striking ``1996, and
1997'' and inserting ``and 1996''.
(2) Highway safety programs.--Section 2005(1) of such Act
(105 Stat. 2079) is amended--
(A) by striking ``and'' the first place it appears
and inserting a comma; and
(B) by striking ``1996, and 1997'' and inserting
``and 1996, and $146,000,000 for fiscal year 1997''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect on the later of the date of the
enactment of this Act or as soon as possible after the date on
which authorized funds for fiscal year 1996 are reduced as a
result of application of section 1003(c) of such Act.
(c) Congestion Pricing Pilot Program Transfers.--After the date on
which authorized funds for fiscal year 1996 are reduced as a result of
application of section 1003(c) of the Intermodal Surface Transportation
Efficiency Act of 1991, the amounts made available for fiscal years 1996
and 1997 to carry out section 1012(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 1938) shall be
available to carry out projects under section 202 of this Act.
SEC. 204. STATE UNOBLIGATED BALANCE FLEXIBILITY.
(a) Reduction in Federal Funding.--
(1) <<NOTE: Effective date.>> Notification of states.--On
the date of the enactment of this Act, or as soon as possible
thereafter, the Secretary shall notify each State of the total
amount of the reduction in authorized funds for fiscal year 1996
that would have been allocated to such State, and that would
have been apportioned to such State, as a result of application
of section 1003(c) of the Intermodal Surface Transportation
Efficiency Act of 1991.
(2) Exclusion of certain funding.--In determining the amount
of any reduction under paragraph (1), the Secretary shall deduct
the amount allocated to each State in fiscal year 1996 to carry
out projects under section 202 of this Act.
(b) Unobligated Balance Flexibility.--Upon request of a State, the
Secretary shall make available to carry out projects eligible for
assistance under chapter 1 of title 23, United States Code, in fiscal
year 1996 an amount not to exceed the amount determined under subsection
(a) for the State. Such funds shall be made available from authorized
funds that were allocated or apportioned to such State and were not
obligated as of September 30, 1995. The State shall designate on or
before the 30th day following the date of the enactment of this Act, or
as soon as possible thereafter, which of such authorized funds are to be
made available under this section to carry out such projects. The
Secretary shall make available, before the 45th day following such date
of enactment or as soon as possible thereafter, funds designated under
the preceding sentence to the State.
(c) Special Rules.--
(1) Urbanized areas of over 200,000.--Funds that were
apportioned to the State under section 104(b)(3) of title 23,
United States Code, and attributed to urbanized areas of a State
with an urbanized population of over 200,000 under section
133(d)(3) of such title may be designated by the State under
subsection (b) only if the metropolitan planning organization
designated for such area concurs, in writing, with such
designation.
(2) Congestion mitigation and air quality and surface
transportation program transportation enhancement activities
balances.--
(A) In general.--Except as provided in subparagraph
(B), States may not designate under subsection (b) CMAQ
and STP transportation enhancement funds.
(B) Exception for insufficient funding
availability.--If the Secretary determines--
(i) that there is not sufficient funding
available to pay the Federal share of the cost of
a project in fiscal year 1996 from funds
apportioned or allocated to a State under title
23, United States Code, and title I of the
Intermodal Surface Transportation Efficiency Act
of 1991 and available for carrying out projects of
the same category as such project, and
(ii) that the State has utilized all
flexibility and transferability available to it
under title 23, United States Code, and this
section with respect to such project,
the State may designate in fiscal year 1996 under
subsection (b) CMAQ and STP transportation enhancement
funds apportioned or allocated to the State and not
obligated as of the date of the enactment of this Act to
carry out such project.
(C) CMAQ and stp transportation enhancement funds
defined.--In this paragraph, the term ``CMAQ and STP
transportation enhancement funds'' means--
(i) funds apportioned under section 104(b)(2)
of title 23, United States Code; and
(ii) funds apportioned under section 104(b)(3)
of such title and available only for
transportation enhancement activities under
section 133(d)(3) of such title.
(3) Interstate construction balances.--A State may not
designate under subsection (b) more than \1/3\ of funds
apportioned or allocated to the State for interstate
construction and not obligated as of the date of the enactment
of this Act.
(d) Applicability of Chapter 1 of Title 23.--Notwithstanding any
other provision of law, amounts designated under subsection (b) shall be
made available for obligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United States Code. Such
amounts shall be available for obligation for the same period for which
such amounts were originally made available for obligation. Obligation
limitations for Federal-aid highways and highway safety construction
programs established by the Intermodal Surface Transportation Efficiency
Act of 1991 and subsequent laws shall apply to obligations made under
this section.
(e) Limitation on Statutory Construction.--Nothing in this section
shall be construed to affect calculations under section 157 of title 23,
United States Code, and sections 1002(e), 1013(c), 1015(a), and 1015(b)
of the Intermodal Surface Transportation Efficiency Act of 1991.
(f) State.--In this section and section 202, the term ``State'' has
the meaning such term has under section 401 of title 23, United States
Code.
SEC. 205. RELIEF FROM MANDATES.
(a) Suspension of Management Systems.--Section 303 of title 23,
United States Code, is amended--
(1) by striking subsection (c) and inserting the following:
``(c) State Election.--A State may elect, at any time, not to
implement, in whole or in part, 1 or more of the management systems
required under this section. The Secretary may not impose any sanction
on, or withhold any benefit from, a State on the basis of such an
election.''; and
(2) in subsection (f)--
(A) by striking ``(f) Annual Report.--Not'' and
inserting the following:
``(f) Reports.--
``(1) Annual reports.--Not'';
(B) by moving the remainder of the text of paragraph
(1), as designated by subparagraph (A) of this
paragraph, 2 ems to the right; and
(C) by adding at the end the following:
``(2) Report on implementation.--Not later than October 1,
1996, the Comptroller General, in consultation with States,
shall transmit to Congress a report on the management systems
under this section, including recommendations as to whether, to
what extent, and how the management systems should be
implemented.''.
(b) Asphalt Pavement Containing Recycled Rubber.--Section 1038 of
the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C.
109 note; 105 Stat. 1987-1990) is amended by striking subsection (d).
(c) <<NOTE: 23 USC 109 note.>> Metric Requirements.--
(1) Placement and modification of signs.--The Secretary
shall not require the States to expend any Federal or State
funds to construct, erect, or otherwise place or to modify any
sign relating to a speed limit, distance, or other measurement
on a highway for the purpose of having such sign establish such
speed limit, distance, or other measurement using the metric
system.
(2) Other actions.--Before September 30, 2000, the Secretary
shall not require that any State use or plan to use the metric
system with respect to designing or advertising, or preparing
plans, specifications, estimates, or other documents, for a
Federal-aid highway project eligible for assistance under title
23, United States Code.
(3) Definitions.--In this subsection, the following
definitions apply:
(A) Highway.--The term ``highway'' has the meaning
such term has under section 101 of title 23, United
States Code.
(B) Metric system.--The term ``metric system'' has
the meaning the term ``metric system of measurement''
has under section 4 of the Metric Conversion Act of 1975
(15 U.S.C. 205c).
(d) Repeal of National Maximum Speed Limit Compliance Program.--
(1) In general.--Title 23, United States Code, is amended--
(A) in section 141 by striking subsection (a) and
redesignating subsections (b) through (d) as subsections
(a) through (c), respectively; and
(B) by striking section 154.
(2) Conforming amendment.--The analysis to chapter 1 of such
title is amended by striking the item relating to section 154.
(3) <<NOTE: 23 USC 141 note.>> Applicability.--The
amendments made by paragraph (1) shall be applicable to a State
on the 10th day following the date of the enactment of this Act;
except that if the legislature of a State is not in session on
such date of enactment and the chief executive officer of the
State declares, before such 10th day, that the legislature is
not in session and that the State prefers an applicability date
for such amendments that is after the date on which the
legislature will convene, such amendments shall be applicable to
the State on the 60th day following the date on which the
legislature next convenes.
(e) Elimination of Penalty for Noncompliance for
Motorcycle <<NOTE: Effective date.>> Helmets.--Effective September 30,
1995, section 153(h) of title 23, United States Code, is amended by
striking ``a law described in subsection (a)(1) and'' each place it
appears.
SEC. 206. DEFINITIONS.
In this title, the following definitions apply:
(1) Authorized funds.--The term ``authorized funds'' means
funds authorized to be appropriated out of the Highway Trust
Fund (other than the Mass Transit Account) to carry out title
23, United States Code (other than sections 402 and 410) and the
Intermodal Surface Transportation Efficiency Act of 1991 and
subject to an obligation limitation.
(2) Urbanized area.--The term ``urbanized area'' has the
meaning such term has under section 101(a) of title 23, United
States Code.
TITLE III--MISCELLANEOUS HIGHWAY PROVISIONS
SEC. 301. TRAFFIC MONITORING, MANAGEMENT, AND CONTROL ON NHS.
(a) Eligibility.--Section 103(i) of title 23, United States Code, is
amended by striking paragraph (8) and inserting the following:
``(8) Capital and operating costs for traffic monitoring,
management, and control facilities and programs.''.
(b) Definitions.--Section 101(a) of such title is amended--
(1) in the undesignated paragraph relating to the term
``project'' by inserting before the period at the end the
following: ``or any other undertaking eligible for assistance
under this title''; and
(2) by striking the undesignated paragraph relating to the
term ``startup costs for traffic management and control'' and
inserting the following:
``The term `operating costs for traffic monitoring, management, and
control' includes labor costs, administrative costs, costs of utilities
and rent, and other costs associated with the continuous operation of
traffic control, such as integrated traffic control systems, incident
management programs, and traffic control centers.''.
SEC. 302. TRANSFERABILITY OF APPORTIONMENTS.
The third sentence of section 104(g) of title 23, United States
Code, is amended by striking ``40 percent'' and inserting ``50
percent''.
SEC. 303. QUALITY IMPROVEMENT.
(a) Life-Cycle Cost Analysis.--Section 106 of title 23, United
States Code, is amended by adding at the end the following:
``(e) Life-Cycle Cost Analysis.--
``(1) Establishment.--The Secretary shall establish a
program to require States to conduct an analysis of the life-
cycle costs of each usable project segment on the National
Highway System with a cost of $25,000,000 or more.
``(2) Analysis of the life-cycle costs defined.--In this
subsection, the term `analysis of the life-cycle costs' means a
process for evaluating the total economic worth of a usable
project segment by analyzing initial costs and discounted future
costs, such as maintenance, reconstruction, rehabilitation,
restoring, and resurfacing costs, over the life of the project
segment.''.
(b) Value Engineering.--Such section is further amended by adding at
the end the following:
``(f) Value Engineering for NHS.--
``(1) Requirement.--The Secretary shall establish a program
to require States to carry out a value engineering analysis for
all projects on the National Highway System with an estimated
total cost of $25,000,000 or more.
``(2) Value engineering defined.--In this subsection, the
term `value engineering analysis' means a systematic process of
review and analysis of a project during its design phase by a
multidisciplined team of persons not involved in the project in
order to provide suggestions for reducing the total cost of the
project and providing a project of equal or better quality. Such
suggestions may include combining or eliminating otherwise
inefficient or expensive parts of the original proposed design
for the project and total redesign of the proposed project using
different technologies, materials, or methods so as to
accomplish the original purpose of the project.''.
SEC. 304. DESIGN CRITERIA FOR THE NATIONAL HIGHWAY SYSTEM.
Section 109 of title 23, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary shall ensure that the plans and
specifications for each proposed highway project under this chapter
provide for a facility that will--
``(1) adequately serve the existing and planned future
traffic of the highway in a manner that is conducive to safety,
durability, and economy of maintenance; and
``(2) be designed and constructed in accordance with
criteria best suited to accomplish the objectives described in
paragraph (1) and to conform to the particular needs of each
locality.'';
(2) by striking subsection (c) and inserting the following:
``(c) Design Criteria for National Highway System.--
``(1) In general.--A design for new construction,
reconstruction, resurfacing (except for maintenance
resurfacing), restoration, or rehabilitation of a highway on the
National Highway System (other than a highway also on the
Interstate System) may take into account, in addition to the
criteria described in subsection (a)--
``(A) the constructed and natural environment of the
area;
``(B) the environmental, scenic, aesthetic,
historic, community, and preservation impacts of the
activity; and
``(C) access for other modes of transportation.
``(2) Development of criteria.--The Secretary, in
cooperation with State highway departments, may develop criteria
to implement paragraph (1). In developing criteria under this
paragraph, the Secretary shall consider the results of the
committee process of the American Association of State Highway
and Transportation Officials as used in adopting and publishing
`A Policy on Geometric Design of Highways and Streets',
including comments submitted by interested parties as part of
such process.''; and
(3) by striking subsection (q) and inserting the following:
``(q) Scenic and Historic Values.--Notwithstanding subsections (b)
and (c), the Secretary may approve a project for the National Highway
System if the project is designed to--
``(1) allow for the preservation of environmental, scenic,
or historic values;
``(2) ensure safe use of the facility; and
``(3) comply with subsection (a).''.
SEC. 305. APPLICABILITY OF TRANSPORTATION CONFORMITY REQUIREMENTS.
(a) Highway Construction.--Section 109(j) of title 23, United States
Code, is amended by striking ``plan for the implementation of any
ambient air quality standard for any air quality control region
designated pursuant to the Clean Air Act, as amended.'' and inserting
the following: ``plan for--
``(1) the implementation of a national ambient air quality
standard for each pollutant for which an area is designated as a
nonattainment area under section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)); or
``(2) the maintenance of a national ambient air quality
standard in an area that was designated as a nonattainment area
but that was later redesignated by the Administrator as an
attainment area for the standard and that is required to develop
a maintenance plan under section 175A of the Clean Air Act (42
U.S.C. 7505a).''.
(b) Clean Air Act Requirements.--Section 176(c) of the Clean Air Act
(42 U.S.C. 7506(c)) is amended by adding at the end the following:
``(5) Applicability.--This subsection shall apply only with
respect to--
``(A) a nonattainment area and each pollutant for
which the area is designated as a nonattainment area;
and
``(B) an area that was designated as a nonattainment
area but that was later redesignated by the
Administrator as an attainment area and that is required
to develop a maintenance plan under section 175A with
respect to the specific pollutant for which the area was
designated nonattainment.''.
SEC. 306. MOTORIST CALL BOXES.
Section 111 of title 23, United States Code, is amended by adding at
the end the following:
``(c) Motorist Call Boxes.--
``(1) In general.--Notwithstanding subsection (a), a State
may permit the placement of motorist call boxes on rights-of-way
of the National Highway System. Such motorist call boxes may
include the identification and sponsorship logos of such call
boxes.
``(2) Sponsorship logos.--
``(A) Approval by state and local agencies.--All
call box installations displaying sponsorship logos
under this subsection shall be approved by the highway
agencies having jurisdiction of the highway on which
they are located.
``(B) Size on box.--A sponsorship logo may be placed
on the call box in a dimension not to exceed the size of
the call box or a total dimension in excess of 12 inches
by 18 inches.
``(C) Size on identification sign.--Sponsorship
logos in a dimension not to exceed 12 inches by 30
inches may be displayed on a call box identification
sign affixed to the call box post.
``(D) Spacing of signs.--Sponsorship logos affixed
to an identification sign on a call box post may be
located on the rights-of-way at intervals not more
frequently than 1 per every 5 miles.
``(E) Distribution throughout state.--Within a
State, at least 20 percent of the call boxes displaying
sponsorship logos shall be located on highways outside
of urbanized areas with a population greater than
50,000.
``(3) Nonsafety hazards.--The call boxes and their location,
posts, foundations, and mountings shall be consistent with
requirements of the Manual on Uniform Traffic Control Devices or
any requirements deemed necessary by the Secretary to assure
that the call boxes shall not be a safety hazard to
motorists.''.
SEC. 307. QUALITY THROUGH COMPETITION.
(a) Contracting for Engineering and Design Services.--Section
112(b)(2) of title 23, United States Code, is amended by adding at the
end the following:
``(C) Performance and audits.--Any contract or
subcontract awarded in accordance with subparagraph (A),
whether funded in whole or in part with Federal-aid
highway funds, shall be performed and audited in
compliance with cost principles contained in the Federal
Acquisition Regulations of part 31 of title 48, Code of
Federal Regulations.
``(D) Indirect cost rates.--Instead of performing
its own audits, a recipient of funds under a contract or
subcontract awarded in accordance with subparagraph (A)
shall accept indirect cost rates established in
accordance with the Federal Acquisition Regulations for
1-year applicable accounting periods by a cognizant
Federal or State government agency, if such rates are
not currently under dispute.
``(E) Application of rates.--Once a firm's indirect
cost rates are accepted under this paragraph, the
recipient of the funds shall apply such rates for the
purposes of contract estimation, negotiation,
administration, reporting, and contract payment and
shall not be limited by administrative or de facto
ceilings of any kind.
``(F) Prenotification; confidentiality of data.--A
recipient of funds requesting or using the cost and rate
data described in subparagraph (E) shall notify any
affected firm before such request or use. Such data
shall be confidential and shall not be accessible or
provided, in whole or in part, to another firm or to any
government agency which is not part of the group of
agencies sharing cost data under this paragraph, except
by written permission of the audited firm. If prohibited
by law, such cost and rate data shall not be disclosed
under any circumstances.
``(G) <<NOTE: Effective date.>> State option.--
Subparagraphs (C), (D), (E), and (F) shall take effect 1
year after the date of the enactment of this
subparagraph; except that if a State, during such 1-year
period, adopts by statute an alternative process
intended to promote engineering and design quality and
ensure maximum competition by professional companies of
all sizes providing engineering and design services,
such subparagraphs shall not apply with respect to the
State. If the Secretary determines that the legislature
of the State did not convene and adjourn a full regular
session during such 1-year period, the Secretary may
extend such 1-year period until the adjournment of the
next regular session of the legislature.''.
(b) Repeal of Pilot Program.--Section 1092 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 112 note; 105 Stat.
2024) is repealed.
SEC. 308. LIMITATION ON ADVANCE CONSTRUCTION.
Section 115(d) of title 23, United States Code, is amended to read
as follows:
``(d) Inclusion in Transportation Improvement Program.--The
Secretary may approve an application for a project under this section
only if the project is included in the transportation improvement
program of the State developed under section 135(f).''.
SEC. 309. PREVENTIVE MAINTENANCE.
Section 116 of title 23, United States Code, is amended by adding at
the end the following:
``(d) Preventive Maintenance.--A preventive maintenance activity
shall be eligible for Federal assistance under this title if the State
demonstrates to the satisfaction of the Secretary that the activity is a
cost-effective means of extending the useful life of a Federal-aid
highway.''.
SEC. 310. FEDERAL SHARE.
(a) Safety Rest Areas.--Section 120(c) of title 23, United States
Code, is amended--
(1) by inserting ``safety rest areas,'' after
``signalization,''; and
(2) by adding at the end the following: ``In this
subsection, the term `safety rest area' means an area where
motor vehicle operators can park their vehicles and rest, where
food, fuel, and lodging services are not available, and that is
located on a segment of highway with respect to which the
Secretary determines there is a shortage of public and private
areas at which motor vehicle operators can park their vehicles
and rest.''.
(b) Bicycle Transportation Facilities and Pedestrian Walkways.--
Section 217(f) of such title is amended by striking ``80 percent'' and
inserting ``determined in accordance with section 120(b)''.
(c) Economic Growth Center Development Highways.--Section 1021(c) of
the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C.
120 note), as amended by section 417 of the Department of Transportation
and Related Agencies Appropriations Act, 1993 (106 Stat. 1565), is
amended--
(1) by striking ``and'' at the end of clause (2) and
inserting ``or''; and
(2) in clause (3) by striking ``section 143 of title 23''
and inserting ``a project for construction, reconstruction, or
improvement of a development highway under section 143 of such
title on a Federal-aid system (other than the Interstate
System), as such system was described in section 103 of such
title on the day before the date of the enactment of this Act''.
(d) Northwest Arkansas Regional Airport Connector.--Notwithstanding
any other provision of law, the Federal share of the cost of the project
to construct a highway to the Northwest Arkansas Regional Airport from
United States Route 71 in Arkansas shall be 95 percent.
SEC. 311. ELIGIBILITY OF BOND AND OTHER DEBT INSTRUMENT FINANCING
FOR REIMBURSEMENT AS CONSTRUCTION
EXPENSES.
(a) In General.--Section 122 of title 23, United States Code, is
amended to read as follows:
``Sec. 122. Payments to States for bond and other debt instrument
financing
``(a) Definition of Eligible Debt Financing Instrument.--In this
section, the term `eligible debt financing instrument' means a bond or
other debt financing instrument, including a note, certificate,
mortgage, or lease agreement, issued by a State or political subdivision
of a State or a public authority, the proceeds of which are used for an
eligible project under this title.
``(b) Federal Reimbursement.--Subject to subsections (c) and (d),
the Secretary may reimburse a State for expenses and costs incurred by
the State or a political subdivision of the State and reimburse a public
authority for expenses and costs incurred by the public authority for--
``(1) interest payments under an eligible debt financing
instrument;
``(2) the retirement of principal of an eligible debt
financing instrument;
``(3) the cost of the issuance of an eligible debt financing
instrument;
``(4) the cost of insurance for an eligible debt financing
instrument; and
``(5) any other cost incidental to the sale of an eligible
debt financing instrument (as determined by the Secretary).
``(c) Conditions on Payment.--The Secretary may reimburse a State or
public authority under subsection (b) with respect to a project funded
by an eligible debt financing instrument after the State or public
authority has complied with this title with respect to the project to
the extent and in the manner that would be required if payment were to
be made under section 121.
``(d) Federal Share.--The Federal share of the cost of a project
payable under this section shall not exceed the Federal share of the
cost of the project as determined under section 120.
``(e) Statutory Construction.--Notwithstanding any other provision
of law, the eligibility of an eligible debt financing instrument for
reimbursement under subsection (b) shall not--
``(1) constitute a commitment, guarantee, or obligation on
the part of the United States to provide for payment of
principal or interest on the eligible debt financing instrument;
or
``(2) create any right of a third party against the United
States for payment under the eligible debt financing
instrument.''.
(b) Definition of Construction.--The first sentence of the
undesignated paragraph relating to the term ``construction'' of section
101(a) of such title is amended by inserting ``bond costs and other
costs relating to the issuance in accordance with section 122 of bonds
or other debt financing instruments,'' after ``highway, including''.
(c) Conforming Amendment.--The analysis for chapter 1 of such title
is amended by striking the item relating to section 122 and inserting
the following:
``122. Payments to States for bond and other debt instrument
financing.''.
SEC. 312. VEHICLE WEIGHT AND LONGER COMBINATION VEHICLES
EXEMPTIONS.
(a) Sioux City, Iowa.--
(1) Vehicle weight limitations.--The proviso in the second
sentence of section 127(a) of title 23, United States Code, is
amended by striking ``except for those'' and inserting the
following: ``except for vehicles using Interstate Route 29
between Sioux City, Iowa, and the border between Iowa and South
Dakota or vehicles using Interstate Route 129 between Sioux
City, Iowa, and the border between Iowa and Nebraska, and except
for those''.
(2) Longer combination vehicles.--Section 127(d)(1) of such
title is amended by adding at the end the following:
``(F) Iowa.--In addition to vehicles that the State
of Iowa may continue to allow to be operated under
subparagraph (A), the State may allow longer combination
vehicles that were not in actual operation on June 1,
1991, to be operated on Interstate Route 29 between
Sioux City, Iowa, and the border between Iowa and South
Dakota or Interstate Route 129 between Sioux City, Iowa,
and the border between Iowa and Nebraska.''.
(3) Property-carrying unit limitation.--Section 31112(c) of
title 49, United States Code, is amended--
(A) in the subsection heading by striking ``and
Alaska'' and inserting ``Alaska, and Iowa'';
(B) by striking ``and'' at the end of paragraph (2);
(C) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(D) by adding at the end the following:
``(4) Iowa may allow the operation on Interstate Route 29
between Sioux City, Iowa, and the border between Iowa and South
Dakota or on Interstate Route 129 between Sioux City, Iowa, and
the border between Iowa and Nebraska of commercial motor vehicle
combinations with trailer length, semitrailer length, and
property-carrying unit length allowed by law or regulation and
in actual lawful operation on a regular or periodic basis
(including continued seasonal operation) in South Dakota or
Nebraska, respectively, before June 2, 1991.''.
(b) Applicability of Certain Vehicle Weight Limitations in
Wisconsin.--Section 127 of such title is amended by adding at the end
the following:
``(f) Operation of Certain Specialized Hauling Vehicles on Certain
Wisconsin Highways.--If the 104-mile portion of Wisconsin State Route 78
and United States Route 51 between Interstate Route 94 near Portage,
Wisconsin, and Wisconsin State Route 29 south of Wausau, Wisconsin, is
designated as part of the Interstate System under section 139(a), the
single axle weight, tandem axle weight, gross vehicle weight, and bridge
formula limits set forth in subsection (a) shall not apply to the 104-
mile portion with respect to the operation of any vehicle that could
legally operate on the 104-mile portion before the date of the enactment
of this subsection.''.
SEC. 313. TOLL ROADS.
(a) Federal Share for Highways, Bridges, and Tunnels.--Section
129(a)(5) of title 23, United States Code, is amended to read as
follows:
``(5) Limitation on federal share.--The Federal share
payable for a project described in paragraph (1) shall be a
percentage determined by the State but not to exceed 80
percent.''.
(b) Loan Program.--Section 129(a)(7) of title 23, United States
Code, is amended to read as follows:
``(7) Loans.--
``(A) In general.--A State may loan to a public or
private entity constructing or proposing to construct
under this section a toll facility or non-toll facility
with a dedicated revenue source an amount equal to all
or part of the Federal share of the cost of the project
if the project has a revenue source specifically
dedicated to it. Dedicated revenue sources for non-toll
facilities include excise taxes, sales taxes, motor
vehicle use fees, tax on real property, tax increment
financing, and such other dedicated revenue sources as
the Secretary determines appropriate.
``(B) Compliance with federal laws.--As a condition
of receiving a loan under this paragraph, the public or
private entity that receives the loan shall ensure that
the project will be carried out in accordance with this
title and any other applicable Federal law, including
any applicable provision of a Federal environmental law.
``(C) Subordination of debt.--The amount of any loan
received for a project under this paragraph may be
subordinated to any other debt financing for the
project.
``(D) Obligation of funds loaned.--Funds loaned
under this paragraph may only be obligated for projects
under this paragraph.
``(E) Repayment.--The repayment of a loan made under
this paragraph shall commence not later than 5 years
after date on which the facility that is the subject of
the loan is open to traffic.
``(F) Term of loan.--The term of a loan made under
this paragraph shall not exceed 30 years from the date
on which the loan funds are obligated.
``(G) Interest.--A loan made under this paragraph
shall bear interest at or below market interest rates,
as determined by the State, to make the project that is
the subject of the loan feasible.
``(H) Reuse of funds.--Amounts repaid to a State
from a loan made under this paragraph may be obligated--
``(i) for any purpose for which the loan funds
were available under this title; and
``(ii) for the purchase of insurance or for
use as a capital reserve for other forms of credit
enhancement for project debt in order to improve
credit market access or to lower interest rates
for projects eligible for assistance under this
title.
``(I) Guidelines.--The Secretary shall establish
procedures and guidelines for making loans under this
paragraph.''.
(c) Ferry Boats and Terminal Facilities.--Section 129(c)(5) of such
title is amended--
(1) by inserting before the period at the end of the first
sentence the following: ``or between a point in a State and a
point in the Dominion of Canada''; and
(2) in the second sentence--
(A) by striking ``Hawaii and'' and inserting
``Hawaii,''; and
(B) by inserting after ``Puerto Rico'' the
following: ``, operations between a point in a State and
a point in the Dominion of Canada,''.
(d) Treatment of Centennial Bridge, Rock Island, Illinois,
Agreement.--For purposes of section 129(a)(6) of title 23, United States
Code, the agreement concerning the Centennial Bridge, Rock Island,
Illinois, entered into under the Act entitled ``An Act authorizing the
city of Rock Island, Illinois, or its assigns, to construct, maintain,
and operate a toll bridge across the Mississippi River at or near Rock
Island, Illinois, and to a place at or near the city of Davenport,
Iowa'', approved March 18, 1938 (52 Stat. 110), shall be treated as if
the agreement had been entered into under section 129 of title 23,
United States Code, as in effect on December 17, 1991, and may be
modified in accordance with section 129(a)(6) of such title.
(e) Collection of Tolls To Finance Certain Environmental Projects in
Florida.--Notwithstanding section 129(a) of title 23, United States
Code, on request of the Governor of the State of Florida, the Secretary
shall modify the agreement entered into with the transportation
department of the State under section 129(a)(3) of such title to permit
the collection of tolls to liquidate such indebtedness as may be
incurred to finance any cost associated with a feature of an
environmental project that is carried out under State law and approved
by the Secretary of the Interior.
SEC. 314. SCENIC BYWAYS.
Section 131(s) of title 23, United Sates Code, is amended by adding
at the end the following: ``In designating a scenic byway for purposes
of this section and section 1047 of the Intermodal Surface
Transportation Efficiency Act of 1991, a State may exclude from such
designation any segment of a highway that is inconsistent with the
State's criteria for designating State scenic byways. Nothing in the
preceding sentence shall preclude a State from signing any such excluded
segment, including such segment on a map, or carrying out similar
activities, solely for purposes of system continuity.''.
SEC. 315. APPLICABILITY OF CERTAIN REQUIREMENTS TO THIRD PARTY
SELLERS.
Section 133(d) of title 23, United States Code, is amended by adding
at the end the following:
``(5) Applicability of certain requirements to third party
sellers.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), in the case of a
transportation enhancement activity funded from the
allocation required under paragraph (2), if real
property or an interest in real property is to be
acquired from a qualified organization exclusively for
conservation purposes (as determined under section
170(h) of the Internal Revenue Code of 1986), the
organization shall be considered to be the owner of the
property for the purpose of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of
1970 (42 U.S.C. 4601 et seq.).
``(B) Federal approval prior to involvement of
qualified organization.--If Federal approval of the
acquisition of the real property or interest predates
the involvement of a qualified organization described in
subparagraph (A) in the acquisition of the property, the
organization shall be considered to be an acquiring
agency or person as described in section 24.101(a)(2) of
title 49, Code of Federal Regulations, for the purpose
of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970.
``(C) Acquisitions on behalf of recipients of
federal funds.--If a qualified organization described in
subparagraph (A) has contracted with a State highway
department or other recipient of Federal funds to
acquire the real property or interest on behalf of the
recipient, the organization shall be considered to be an
agent of the recipient for the purpose of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970.''.
SEC. 316. STREAMLINING FOR TRANSPORTATION ENHANCEMENT PROJECTS.
Section 133(e) of title 23, United States Code, is amended--
(1) in paragraph (3)--
(A) by striking ``(3) Payments.--The'' and inserting
the following:
``(3) Payments.--
``(A) In general.--Except as provided in
subparagraph (B), the'';
(B) by moving the remainder of the text of
subparagraph (A), as designated by subparagraph (A) of
this paragraph, 2 ems to the right; and
(C) by adding at the end the following:
``(B) Advance payment option for transportation
enhancement activities.--
``(i) In general.--The Secretary may advance
funds to the State for transportation enhancement
activities funded from the allocation required by
subsection (d)(2) for a fiscal year if the
Secretary certifies for the fiscal year that the
State has authorized and uses a process for the
selection of transportation enhancement projects
that involves representatives of affected public
entities, and private citizens, with expertise
related to transportation enhancement activities.
``(ii) Limitation on amounts.--Amounts
advanced under this subparagraph shall be limited
to such amounts as are necessary to make prompt
payments for project costs.
``(iii) Effect on other requirements.--This
subparagraph shall not exempt a State from other
requirements of this title relating to the surface
transportation program.''; and
(2) by adding at the end the following:
``(5) Transportation enhancement activities.--
``(A) Categorical exclusions.--To the extent
appropriate, the Secretary shall develop categorical
exclusions from the requirement that an environmental
assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332) be prepared for transportation
enhancement activities funded from the allocation
required by subsection (d)(2).
``(B) Nationwide programmatic agreement.--The
Secretary, in consultation with the National Conference
of State Historic Preservation Officers and the Advisory
Council on Historic Preservation established under title
II of the National Historic Preservation Act (16 U.S.C.
470i et seq.), shall develop a nationwide programmatic
agreement governing the review of transportation
enhancement activities funded from the allocation
required by subsection (d)(2), in accordance with--
``(i) section 106 of such Act (16 U.S.C.
470f); and
``(ii) the regulations of the Advisory Council
on Historic Preservation.''.
SEC. 317. METROPOLITAN PLANNING FOR HIGHWAY PROJECTS.
Section 134(f) of title 23, United States Code, is amended by adding
at the end the following:
``(16) Recreational travel and tourism.''.
SEC. 318. NON-FEDERAL SHARE FOR CERTAIN TOLL BRIDGE PROJECTS.
Section 144(l) of title 23, United States Code, is amended by adding
at the end the following: ``Any non-Federal funds expended for the
seismic retrofit of the bridge may be credited toward the non-Federal
share required as a condition of receipt of any Federal funds for
seismic retrofit of the bridge made available after the date of the
expenditure.''.
SEC. 319. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.
(a) Areas Eligible for Funds.--
(1) In general.--The first sentence of section 149(b) of
title 23, United States Code, is amended--
(A) by inserting ``if the project or program is for
an area in the State that was designated as a
nonattainment area under section 107(d) of the Clean Air
Act (42 U.S.C. 7407(d)) during any part of fiscal year
1994 and'' after ``program'' the second place it
appears; and
(B) in paragraph (1)(A) by striking ``contribute''
and all that follows through ``; or'' and inserting the
following: ``contribute to--
``(i) the attainment of a national ambient air
quality standard; or
``(ii) the maintenance of a national ambient
air quality standard in an area that was
designated as a nonattainment area but that was
later redesignated by the Administrator of the
Environmental Protection Agency as an attainment
area under section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)); or''.
(2) Apportionment.--Section 104(b)(2) of such title is
amended--
(A) in the second sentence, by striking ``is a
nonattainment area (as defined in the Clean Air Act) for
ozone'' and inserting ``was a nonattainment area (as
defined in section 171(2) of the Clean Air Act (42
U.S.C. 7501(2))) for ozone during any part of fiscal
year 1994''; and
(B) in the third sentence--
(i) by striking ``is also'' and inserting
``was also''; and
(ii) by inserting ``during any part of fiscal
year 1994'' after ``monoxide''.
(b) Traffic Monitoring, Management, and Control Facilities and
Programs.--The first sentence of section 149(b) of title 23, United
States Code, is amended--
(1) by striking ``or'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) to establish or operate a traffic monitoring,
management, and control facility or program if the Secretary,
after consultation with the Administrator of the Environmental
Protection Agency, determines that the facility or program is
likely to contribute to the attainment of a national ambient air
quality standard; or''.
(c) <<NOTE: 23 USC 104 note.>> Effect of Limitation on
Apportionment.--Notwithstanding any other provision of law, for each of
fiscal years 1996 and 1997, the amendments made by subsection (a) shall
not affect any apportionment adjustments under section 1015 of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
1943).
SEC. 320. OPERATION OF MOTOR VEHICLES BY INTOXICATED MINORS.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 161. Operation of motor vehicles by intoxicated minors
``(a) Withholding of Apportionments for Noncompliance.--
``(1) Fiscal year 1999.--The Secretary shall withhold 5
percent of the amount required to be apportioned to any State
under each of paragraphs (1), (3), and (5)(B) of section 104(b)
on October 1, 1998, if the State does not meet the requirement
of paragraph (3) on that date.
``(2) Thereafter.--The Secretary shall withhold 10 percent
(including any amounts withheld under paragraph (1)) of the
amount required to be apportioned to any State under each of
paragraphs (1), (3), and (5)(B) of section 104(b) on October 1,
1999, and on October 1 of each fiscal year thereafter, if the
State does not meet the requirement of paragraph (3) on that
date.
``(3) Requirement.--A State meets the requirement of this
paragraph if the State has enacted and is enforcing a law that
considers an individual under the age of 21 who has a blood
alcohol concentration of 0.02 percent or greater while operating
a motor vehicle in the State to be driving while intoxicated or
driving under the influence of alcohol.
``(b) Period of Availability; Effect of Compliance and
Noncompliance.--
``(1) Period of availability of withheld funds.--
``(A) Funds withheld on or before september 30,
2000.--Any funds withheld under subsection (a) from
apportionment to any State on or before September 30,
2000, shall remain available until the end of the third
fiscal year following the fiscal year for which the
funds are authorized to be appropriated.
``(B) Funds withheld after september 30, 2000.--No
funds withheld under this section from apportionment to
any State after September 30, 2000, shall be available
for apportionment to the State.
``(2) Apportionment of withheld funds after compliance.--If,
before the last day of the period for which funds withheld under
subsection (a) from apportionment are to remain available for
apportionment to a State under paragraph (1), the State meets
the requirement of subsection (a)(3), the Secretary shall, on
the first day on which the State meets the requirement,
apportion to the State the funds withheld under subsection (a)
that remain available for apportionment to the State.
``(3) Period of availability of subsequently apportioned
funds.--Any funds apportioned pursuant to paragraph (2) shall
remain available for expenditure until the end of the third
fiscal year following the fiscal year in which the funds are so
apportioned. Sums not obligated at the end of that period shall
lapse.
``(4) Effect of noncompliance.--If, at the end of the period
for which funds withheld under subsection (a) from apportionment
are available for apportionment to a State under paragraph (1),
the State does not meet the requirement of subsection (a)(3),
the funds shall lapse.''.
(b) Conforming Amendment.--The analysis of such chapter is amended
by adding at the end the following:
``161. Operation of motor vehicles by intoxicated minors.''.
SEC. 321. UTILIZATION OF THE PRIVATE SECTOR FOR SURVEYING AND
MAPPING SERVICES.
Section 306 of title 23, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``In''; and
(2) by adding at the end the following:
``(b) Guidance.--The Secretary shall issue guidance to encourage
States to utilize, to the maximum extent practicable, private sector
sources for surveying and mapping services for projects under this
title. In carrying out this subsection, the Secretary shall recommend
appropriate roles for State and private mapping and surveying
activities, including--
``(1) preparation of standards and specifications;
``(2) research in surveying and mapping instrumentation and
procedures and technology transfer to the private sector;
``(3) providing technical guidance, coordination, and
administration of State surveying and mapping activities; and
``(4) recommending methods for increasing the use by the
States of private sector sources for surveying and mapping
activities.''.
SEC. 322. DONATIONS OF FUNDS, MATERIALS, OR SERVICES FOR FEDERALLY
ASSISTED PROJECTS.
Section 323 of title 23, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Credit for Donations of Funds, Materials, or Services.--
Nothing in this title or any other law shall prevent a person from
offering to donate funds, materials, or services in connection with a
project eligible for assistance under this title. In the case of such a
project with respect to which the Federal Government and the State share
in paying the cost, any donated funds, or the fair market value of any
donated materials or services, that are accepted and incorporated into
the project by the State highway department shall be credited against
the State share.''.
SEC. 323. DISCOVERY AND ADMISSION AS EVIDENCE OF CERTAIN REPORTS
AND SURVEYS.
Section 409 of title 23, United States Code, is amended by inserting
``or collected'' after ``compiled''.
SEC. 324. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.
(a) Technical Amendment.--Section 410(d)(1)(E) of title 23, United
States Code, is amended by striking ``the date of enactment of this
section'' and inserting ``December 18, 1991''.
(b) Basic Grant Eligibility.--Section 410(d) of such title is
amended--
(1) in paragraph (3)--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following:
``(B) A State shall be treated as having met the requirement
of this paragraph if--
``(i) the State provides to the Secretary a written
certification that the highest court of the State has
issued a decision indicating that implementation of
subparagraph (A) would constitute a violation of the
constitution of the State; and
``(ii) the State demonstrates to the satisfaction of
the Secretary that--
``(I) the alcohol fatal crash involvement rate
in the State has decreased in each of the 3 most
recent calendar years for which statistics for
determining such rate are available; and
``(II) the alcohol fatal crash involvement
rate in the State has been lower than the average
such rate for all States in each of such calendar
years.''; and
(2) by adding at the end the following:
``(7) Any individual under age 21 with a blood alcohol
concentration of 0.02 percent or greater when driving a motor
vehicle shall be deemed to be driving while intoxicated or
driving under the influence of alcohol.''.
(c) Supplemental Grants.--Section 410(f) of such title is amended by
striking paragraph (1) and redesignating paragraphs (2) through (7) as
paragraphs (1) through (6), respectively.
SEC. 325. REFERENCES TO COMMITTEE ON TRANSPORTATION AND
INFRASTRUCTURE.
(a) Railway-Highway Crossings Report.--The third sentence of section
130(g) of title 23, United States Code, is amended by striking
``Committee on Public Works and Transportation'' and inserting
``Committee on Transportation and Infrastructure''.
(b) Highway Bridge Replacement and Rehabilitation Report.--Section
144(i)(1) of such title is amended by striking ``Committee on Public
Works and Transportation'' and inserting ``Committee on Transportation
and Infrastructure''.
(c) Hazard Elimination Report.--The third sentence of section 152(g)
of such title is amended by striking ``Committee on Public Works and
Transportation'' and inserting ``Committee on Transportation and
Infrastructure''.
(d) Research Reports.--Subsections (d)(5), (e)(11), and (h) of
section 307 of such title are each amended by striking ``Committee on
Public Works and Transportation'' and inserting ``Committee on
Transportation and Infrastructure''.
(e) Congestion Pricing Pilot Program Report.--Section 1012(b)(5) of
the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C.
149 note; 105 Stat. 1938) is amended by striking ``Committee on Public
Works and Transportation'' and inserting ``Committee on Transportation
and Infrastructure''.
(f) Motor Fuel Tax Enforcement Report.--Section 1040(d)(1) of such
Act (23 U.S.C. 101 note; 105 Stat. 1992) is amended by striking
``Committee on Public Works and Transportation'' and inserting
``Committee on Transportation and Infrastructure''.
(g) Allocation Formula Study.--Section 1098(b) of such Act (23
U.S.C. 104 note; 105 Stat. 2025) is amended by striking ``these
committees as they'' and inserting ``the Committee on Environment and
Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives as the committees''.
(h) National Recreational Trails Report.--Section 1303(i) of such
Act (16 U.S.C. 1262(i)) is amended by striking ``Committee on Public
Works and Transportation'' and inserting ``Committee on Transportation
and Infrastructure''.
SEC. 326. PUBLIC TRANSIT VEHICLES EXEMPTION.
Section 1023(h)(1) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 127 note) is amended--
(1) by striking ``2-year'' the first place it appears and
all that follows through ``Act,'' and inserting ``period
beginning on October 6, 1992, and ending on the date on which
Federal-aid highway and transit programs are reauthorized after
the date of the enactment of the National Highway System
Designation Act of 1995,''; and
(2) by striking the second sentence.
SEC. 327. USE OF RECYCLED PAVING MATERIAL.
Section 1038 of the Intermodal Surface Transportation Efficiency Act
of 1991 (23 U.S.C. 109 note; 105 Stat. 1987-1990), as amended by section
205(b) of this Act, is amended--
(1) by inserting before subsection (e) the following:
``(d) Asphalt Pavement Containing Recycled Rubber.--
``(1) Crumb rubber modifier research.--Not later than 180
days after the date of the enactment of the National Highway
System Designation Act of 1995, the Secretary shall develop
testing procedures and conduct research to develop performance
grade classifications, in accordance with the strategic highway
research program carried out under section 307(d) of title 23,
United States Code, for crumb rubber modifier binders. The
testing procedures and performance grade classifications should
be developed in consultation with representatives of the crumb
rubber modifier industry and other interested parties (including
the asphalt paving industry) with experience in the development
of the procedures and classifications.
``(2) Crumb rubber modifier program development.--
``(A) In general.--The Secretary may make grants to
States to develop programs to use crumb rubber from
scrap tires to modify asphalt pavements.
``(B) Use of grant funds.--Grant funds made
available to States under this paragraph shall be used--
``(i) to develop mix designs for crumb rubber
modified asphalt pavements;
``(ii) for the placement and evaluation of
crumb rubber modified asphalt pavement field
tests; and
``(iii) for the expansion of State crumb
rubber modifier programs in existence on the date
the grant is made available.''; and
(2) in subsection (e) by striking paragraph (1) and
inserting the following:
``(1) the term `asphalt pavement containing recycled rubber'
means any mixture of asphalt and crumb rubber derived from whole
scrap tires, such that the physical properties of the asphalt
are modified through the mixture, for use in pavement
maintenance, rehabilitation, or construction applications;
and''.
SEC. 328. ROADSIDE BARRIER TECHNOLOGY.
Section 1058 of the Intermodal Surface Transportation Efficiency Act
of 1991 (23 U.S.C. 109 note; 105 Stat. 2003) is amended--
(1) in subsection (a)--
(A) by striking ``median'' and inserting ``or
temporary crashworthy''; and
(B) by inserting ``crashworthy'' after
``innovative''; and
(2) in subsection (c)--
(A) in the subsection heading by inserting
``Crashworthy'' after ``Innovative'';
(B) by inserting ``crashworthy'' after
``innovative'';
(C) by striking ``median'';
(D) by inserting ``or guiderail'' after
``guardrail''; and
(E) by inserting before the period at the end the
following: ``, and that meets or surpasses the
requirements of the National Cooperative Highway
Research Program 350 for longitudinal barriers''.
SEC. 329. CORRECTIONS TO MISCELLANEOUS AUTHORIZATIONS.
(a) Gowanus Expressway Corridor, New York.--Section 1069(ee) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.
2011) is amended by adding at the end the following: ``In carrying out
such improvements, the State of New York shall consider the economic and
social impacts of the project on the neighboring community.''.
(b) New York City, New York.--Section 1069(gg) of such Act (105
Stat. 2011) is amended to read as follows:
``(gg) Intermodal Facilities, New York.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $150,000,000 for
fiscal years beginning after September 30, 1995, for--
``(A) design and construction of the Whitehall
Street Ferry Terminals in New York, New York;
``(B) completion of construction of the Oak Point
Link in the Harlem River in New York, New York;
``(C) engineering, design, and construction
activities to permit the James A. Farley Post Office in
New York, New York, to be used as an intermodal
transportation facility and commercial center; and
``(D) necessary improvements to and redevelopment of
Pennsylvania Station and associated service buildings in
New York, New York.
Such sums shall remain available until expended.
``(2) Allocation of funds.--Of the amounts made available
under paragraph (1)--
``(A) not to exceed $50,000,000 may be used to carry
out paragraph (1)(A); and
``(B) not to exceed $10,000,000 may be used to carry
out paragraph (1)(B).''.
SEC. 330. CORRECTIONS TO HIGH COST BRIDGE PROJECTS.
The table contained in section 1103(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027-2028) is amended--
(1) in item number 2, relating to Eugene, Oregon--
(A) by striking ``Construction'' and inserting
``Design, right-of-way acquisition, and construction'';
and
(B) by inserting ``, including pedestrian, bicycle,
and vehicle approach roadways, intersections,
signalization, and structural bridge changes, and
related structures between East Broadway and Oakway
Road'' after ``Bridge'';
(2) in item 5, relating to Gloucester Point, Virginia, by
inserting after ``York River'' the following: ``and for repair,
strengthening, and rehabilitation of the existing bridge''; and
(3) in item 10, relating to Shakopee, Minnesota, by
inserting ``project, including the bypass of'' after
``replacement''.
SEC. 331. CORRECTIONS TO CONGESTION RELIEF PROJECTS.
The table contained in section 1104(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2029-2031) is amended--
(1) in item 1, relating to Long Beach, California, by
striking ``HOV Lanes on'' and inserting ``downtown Long Beach
access ramps into the southern terminus of'';
(2) in item 10, relating to San Diego, California, by
striking ``1 block of Cut and Cover Tunnel on Rt. 15'' and
inserting ``bridge decking on Route 15'';
(3) in item 23, relating to Tucson, Arizona, by inserting
``, of which a total of $3,609,620 shall be available for the
project authorized by item 74 of the table contained in section
1106(b)'' after ``in Tucson, Arizona'';
(4) in item 38, relating to New York, New York, by striking
``Construction'' and all that follows through ``Bypass'' and
inserting the following: ``Whitehall Street ferry terminals'';
and
(5) in item 43, relating to West Virginia, by striking
``Coal Fields'' and inserting ``Coalfields''.
SEC. 332. HIGH PRIORITY CORRIDORS.
(a) Identification of High Priority Corridors.--
(1) In general.--Section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2032) is
amended--
(A) by inserting before the period at the end of
paragraph (3) the following: ``commencing on the
Atlantic Coast in the Hampton Roads area going westward
across Virginia to the vicinity of Lynchburg, Virginia,
continuing west to serve Roanoke and then to a West
Virginia corridor centered around Beckley to Welch as
part of the Coalfields Expressway described in section
1069(v), then to Williamson sharing a common corridor
with the I-73/74 Corridor (referred to in item 12 of the
table contained in subsection (f)), then to a Kentucky
Corridor centered on the cities of Pikeville, Jenkins,
Hazard, London, Somerset, Columbia, Bowling Green,
Hopkinsville, Benton, and Paducah, into Illinois, and
into Missouri and exiting western Missouri and moving
westward across southern Kansas'';
(B) by striking paragraph (5) and inserting the
following:
``(5)(A) I-73/74 North-South Corridor from Charleston, South
Carolina, through Winston-Salem, North Carolina, to Portsmouth,
Ohio, to Cincinnati, Ohio, to termini at Detroit, Michigan and
Sault Ste. Marie, Michigan. The Sault Ste. Marie terminus shall
be reached via a corridor connecting Adrian, Jackson, Lansing,
Mount Pleasant, and Grayling, Michigan.
``(B)(i) In the Commonwealth of Virginia, the Corridor shall
generally follow--
``(I) United States Route 220 from the Virginia-
North Carolina border to I-581 south of Roanoke;
``(II) I-581 to I-81 in the vicinity of Roanoke;
``(III) I-81 to the proposed highway to demonstrate
intelligent transportation systems authorized by item 29
of the table in section 1107(b) in the vicinity of
Christiansburg to United States Route 460 in the
vicinity of Blacksburg; and
``(IV) United States Route 460 to the West Virginia
State line.
``(ii) In the States of West Virginia, Kentucky, and Ohio,
the Corridor shall generally follow--
``(I) United States Route 460 from the West Virginia
State line to United States Route 52 at Bluefield, West
Virginia; and
``(II) United States Route 52 to United States Route
23 at Portsmouth, Ohio.
``(iii) In the States of North Carolina and South Carolina,
the Corridor shall generally follow--
``(I) in the case of I-73--
``(aa) United States Route 220 from the
Virginia State line to State Route 68 in the
vicinity of Greensboro;
``(bb) State Route 68 to I-40;
``(cc) I-40 to United States Route 220 in
Greensboro;
``(dd) United States Route 220 to United
States Route 1 near Rockingham;
``(ee) United States Route 1 to the South
Carolina State line; and
``(ff) South Carolina State line to
Charleston, South Carolina; and
``(II) in the case of I-74--
``(aa) I-77 from Bluefield, West Virginia, to
the junction of I-77 and the United States Route
52 connector in Surry County, North Carolina;
``(bb) the I-77/United States Route 52
connector to United States Route 52 south of Mount
Airy, North Carolina;
``(cc) United States Route 52 to United States
Route 311 in Winston-Salem, North Carolina;
``(dd) United States Route 311 to United
States Route 220 in the vicinity of Randleman,
North Carolina;
``(ee) United States Route 220 to United
States Route 74 near Rockingham;
``(ff) United States Route 74 to United States
Route 76 near Whiteville;
``(gg) United States Route 74/76 to the South
Carolina State line in Brunswick County; and
``(hh) South Carolina State line to
Charleston, South Carolina.'';
(C) in paragraph (18)--
(i) by striking ``and'';
(ii) by inserting ``Mississippi, Arkansas,''
after ``Tennessee,'';
(iii) by inserting after ``Texas'' the
following: ``, and to the Lower Rio Grande Valley
at the border between the United States and
Mexico; and
(iv) by inserting before the period at the end
the following: ``, and to include the Corpus
Christi Northside Highway and Rail Corridor from
the existing intersection of United States Route
77 and Interstate Route 37 to United States Route
181, including FM511 from United States Route 77
to the Port of Brownsville''; and
(D) by adding at the end the following:
``(22) The Alameda Transportation Corridor along Alameda
Street from the entrance to the ports of Los Angeles and Long
Beach to Interstate 10, Los Angeles, California.
``(23) The Interstate Route 35 Corridor from Laredo, Texas,
through Oklahoma City, Oklahoma, to Wichita, Kansas, to Kansas
City, Kansas/Missouri, to Des Moines, Iowa, to Minneapolis,
Minnesota, to Duluth, Minnesota.
``(24) The Dalton Highway from Deadhorse, Alaska to
Fairbanks, Alaska.
``(25) State Route 168 (South Battlefield Boulevard),
Virginia, from the Great Bridge Bypass to the North Carolina
State line.
``(26) The CANAMEX Corridor from Nogales, Arizona, through
Las Vegas, Nevada, to Salt Lake City, Utah, to Idaho Falls,
Idaho, to Montana, to the Canadian Border as follows:
``(A) In the State of Arizona, the CANAMEX Corridor
shall generally follow--
``(i) I-19 from Nogales to Tucson;
``(ii) I-10 from Tucson to Phoenix; and
``(iii) United States Route 93 in the vicinity
of Phoenix to the Nevada Border.
``(B) In the State of Nevada, the CANAMEX Corridor
shall follow--
``(i) United States Route 93 from the Arizona
Border to Las Vegas; and
``(ii) I-15 from Las Vegas to the Utah Border.
``(C) From the Utah Border through Montana to the
Canadian Border, the CANAMEX Corridor shall follow I-15.
``(27) The Camino Real Corridor from El Paso, Texas, to
Denver, Colorado, as follows:
``(A) In the State of Texas, the Camino Real
Corridor shall generally follow--
``(i) arterials from the international ports
of entry to I-10 in El Paso County; and
``(ii) I-10 from El Paso County to the New
Mexico border.
``(B) In the State of New Mexico, the Camino Real
Corridor shall generally follow--
``(i) I-10 from the Texas Border to Las
Cruces; and
``(ii) I-25 from Las Cruces to the Colorado
Border.
``(C) In the State of Colorado, the Camino Real
Corridor shall generally follow I-25 from the New Mexico
border to Denver continuing to the Wyoming border.
``(D) In the State of Wyoming, the Camino Real
Corridor shall generally follow--
``(i) I-25 north to join with I-90 at Buffalo;
and
``(ii) I-90 to the Montana border.
``(E) In the State of Montana, the Camino Real
Corridor shall generally follow--
``(i) I-90 to Billings; and
``(ii) Montana Route 3, United States Route
12, United States Route 191, United States Route
87, to I-15 at Great Falls; and
``(iii) I-15 from Great Falls to the Canadian
border.
``(28) The Birmingham Northern Beltline beginning at I-59 in
the vicinity of Trussville, Alabama, and traversing westwardly
intersecting with United States Route 75, United States Route
79, and United States Route 31; continuing southwestwardly
intersecting United States Route 78 and terminating at I-59 with
the I-459 interchange.
``(29) The Coalfields Expressway beginning at Beckley, West
Virginia, to Pound, Virginia, generally following the corridor
defined as State Routes 54, 97, 10, 16, and 83.''.
(2) Inclusion of certain route segments on interstate
system.--Section 1105(e) of such Act (105 Stat. 2033) is amended
by adding at the end the following:
``(5) Inclusion of certain route segments on interstate
system.--
``(A) In general.--The portions of the routes
referred to in clauses (i), (ii), and (iii) of
subsection (c)(5)(B), in subsection (c)(9), and in
subsections (c)(18) and (c)(20) that are not a part of
the Interstate System are designated as future parts of
the Interstate System. Any segment of such routes shall
become a part of the Interstate System at such time as
the Secretary determines that the segment--
``(i) meets the Interstate System design
standards approved by the Secretary under section
109(b) of title 23, United States Code; and
``(ii) connects to an existing Interstate
System segment.
The portion of the route referred to in subsection
(c)(9) is designated as Interstate Route I-99.
``(B) Treatment of segments.--Subject to
subparagraph (C), segments designated as part of the
Interstate System by this paragraph and the mileage of
such segments shall be treated in the manner described
in the last 2 sentences of section 139(a) of title 23,
United States Code.
``(C) Use of funds.--
``(i) General rule.--Funds apportioned under
section 104(b)(5)(A) of title 23, United States
Code, may be used on a project to construct a
portion of a route referred to in this paragraph
to standards set forth in section 109(b) of such
title if the State determines that the project for
which the funds were originally apportioned is
unreasonably delayed or no longer viable.
``(ii) Limitation.--If funds apportioned under
section 104(b)(5)(A) of title 23, United States
Code, for completing a segment of the Interstate
System are used on a project pursuant to this
subparagraph, no interstate construction funds may
be made available, after the date of the enactment
of this paragraph, for construction of such
segment.''.
(b) Feasibility Studies.--
(1) Evacuation routes for louisiana coastal areas.--Section
1105(e)(2) of such Act (105 Stat. 2033) is amended by adding at
the end the following: ``A feasibility study may be conducted
under this paragraph to identify routes that will expedite
future emergency evacuations of coastal areas of Louisiana.''.
(2) East-west transamerica corridor.--With amounts available
to the Secretary under section 1105(h) of the Intermodal Surface
Transportation Efficiency Act of 1991, the Secretary in
cooperation with the States of Virginia and West Virginia shall
conduct a study to determine the feasibility of establishing a
route for the East-West Transamerica Corridor (designated
pursuant to section 1105(c)(3) of such Act) from Beckley, West
Virginia, utilizing a corridor entering Virginia near the city
of Covington then moving south from the Allegheny Highlands to
serve Roanoke and continuing east to Lynchburg. From there such
route would continue across Virginia to the Hampton Roads area.
(c) Corrections to Projects.--The table contained in section 1105(f)
of such Act (105 Stat. 2033-2035) is amended--
(1) in item 1, relating to Pennsylvania, by inserting after
``For'' the following: ``the segment described in item 6 of this
table and up to $11,000,000 for'';
(2) in item 2, relating to Alabama, Georgia, Mississippi,
Tennessee, by inserting after ``Rt. 72'' the following: ``and up
to $1,500,000 from the State of Alabama's share of the project
for modification of the Keller Memorial Bridge in Decatur,
Alabama, to a pedestrian structure'';
(3) in item 21, relating to Louisiana, by inserting after
``Shreveport, Louisiana'' insert the following: ``, and up to
$6,000,000 for surface transportation projects in Louisiana,
including $4,500,000 for the I-10 and I-610 project in Jefferson
Parish, Louisiana, in the corridor between the St. Charles
Parish line and Tulane Avenue, $500,000 for noise analysis and
safety abatement measures or barriers along the Lakeview section
of I-610 in New Orleans, and $1,000,000 for 3 highway studies
(including $250,000 for a study to widen United States Route 84/
Louisiana Route 6 traversing north Louisiana, $250,000 for a
study to widen Louisiana Route 42 from United States Route 61 to
Louisiana Route 44 and extend to I-10 in East Ascension Parish,
and $500,000 for a study to connect I-20 on both sides of the
Ouachita River)''; and
(4) in item 26, relating to Indiana, Kentucky, Tennessee, by
striking ``Newberry'' and inserting ``Evansville''.
(d) Coalfields Expressway Description.--The first sentence of
section 1069(v) of the Intermodal Surface Transportation Efficiency Act
of 1991 (105 Stat. 2010) is amended by striking ``93'' and inserting the
following: ``83, and from the West Virginia-Virginia State line
generally following Route 83 to Pound, Virginia.''.
SEC. 333. CORRECTIONS TO RURAL ACCESS PROJECTS.
The table contained in section 1106(a)(2) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2037-2042) is amended--
(1) in item 18, relating to Louisiana, by inserting after
``in Louisiana'' the following: ``and for Zachary Taylor
Parkway, Alexandria to Bogalusa, Louisiana, to I-59 in
Mississippi not to exceed $1,000,000'';
(2) in item 34, relating to Illinois, by striking
``Resurfacing'' and all that follows through ``Omaha'' and
inserting ``Bel-Air Road improvement from south of Carmi to
State Route 141 in southeastern White County'';
(3) in item 52, relating to Bedford Springs, Pennsylvania,
by striking ``and Huntington'' and inserting ``Franklin, and
Huntingdon'';
(4) in item 61, relating to Lubbock, Texas, by striking
``with Interstate 20'' and inserting ``with Interstate 10
through Interstate 20 and Interstate 27 north of Amarillo to the
border between Texas and Oklahoma'';
(5) in item 71, relating to Chautauqua County, New York, by
inserting ``and other improvements'' after ``expressway lanes'';
(6) in item 75, relating to Pennsylvania, by striking
``Widen'' and all that follows through ``lanes'' and inserting
``Road improvements on a 14-mile segment of United States Route
15 in Lycoming County, Pennsylvania'';
(7) in item 93, relating to New Mexico, by striking ``Raton-
Clayton Rd., Clayton, New Mexico'' and inserting ``United States
Route 64/87 from Raton, New Mexico, through Clayton to the
border between Texas and New Mexico''; and
(8) in item 111, relating to Parker County, Texas--
(A) by striking ``Parker County'' and inserting
``Parker and Tarrant Counties''; and
(B) by striking ``to four-'' and inserting ``in
Tarrant County to freeway standards and in Parker County
to a
4-''.
SEC. 334. CORRECTIONS TO URBAN ACCESS AND MOBILITY PROJECTS.
The table contained in section 1106(b)(2) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2043-2047) is amended--
(1) in item 9, relating to New York, New York, by inserting
after ``NY'' the following: ``, $4,440,398, and redevelopment of
the James A. Farley Post Office, Pennsylvania Station, and
associated service buildings into an intermodal transportation
facility and commercial center, $11,159,602'';
(2) in item 13, relating to Joliet, Illinois, by striking
``and construction and interchange at Houbolt Road and I-80'';
(3) in item 36, relating to Compton, California, by striking
``For a grade'' and all that follows through ``Corridor'' and
inserting ``For grade separations and other improvements in the
city of Compton, California''; and
(4) in item 52, relating to Chicago, Illinois, by striking
``Right-of-way'' and all that follows through ``Connector)'' and
inserting ``Reconstruct the Michigan Avenue viaduct''.
SEC. 335. CORRECTIONS TO INNOVATIVE PROJECTS.
The table contained in section 1107(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2048-2059) is amended--
(1) in item 10, relating to Atlanta, Georgia, by striking
``(IVHS)'' and inserting ``(ITS)'';
(2) in item 19, relating to Water Street, Pennsylvania--
(A) by striking ``Water Street,''; and
(B) by inserting ``, or other projects in the
counties of Bedford, Blair, Centre, Franklin, and
Huntingdon as selected by the State of Pennsylvania''
after ``Pennsylvania'' the second place it appears;
(3) in item 20, relating to Holidaysburg, Pennsylvania--
(A) by striking ``Holidaysburg,'' the first place it
appears; and
(B) by inserting ``, or other projects in the
counties of Bedford, Blair, Centre, Franklin, and
Huntingdon as selected by the State of Pennsylvania''
after ``Pennsylvania'' the second place it appears;
(4) in item 24, relating to Pennsylvania, by inserting after
``line'' the following: ``and for the purchase, rehabilitation,
and improvement of any similar existing facility within a 150-
mile radius of such project, as selected by the State of
Pennsylvania'';
(5) in item 29, relating to Blacksburg, Virginia--
(A) by inserting ``methods of facilitating public
and private participation in'' after ``demonstrate'';
and
(B) by striking ``intelligent/vehicle highway
systems'' and inserting ``intelligent transportation
systems'';
(6) in item 35, relating to Alabama, by striking ``to
bypass'' and all that follows through ``I-85'' and inserting
``beginning on United States Route 80 west of Montgomery,
Alabama, and connecting to I-65 south of Montgomery and I-85
east of Montgomery'';
(7) in item 49, relating to Suffolk County, New York, by
inserting after ``perimeters'' the following: ``and provide
funds to the towns of Brookhaven, Riverhead, Smithtown, East
Hampton, Southold, Shelter Island, and Southampton for the
purchase of vehicles to meet the transportation needs of the
elderly and persons with disabilities'';
(8) in item 52, relating to Pennsylvania, by striking ``2''
and all that follows through ``Pennsylvania'' and inserting ``or
rehabilitate (or both) highway and transportation infrastructure
projects within 30 miles of I-81 or I-80 in northeastern
Pennsylvania'';
(9) in item 61, relating to Mojave, California--
(A) by striking ``Mojave'' and inserting
``Victorville''; and
(B) by inserting ``Mojave'' after ``reconstruct'';
(10) in item 68, relating to Portland/S. Portland, Maine--
(A) by striking ``Portland/S. Portland,''; and
(B) by inserting after ``Bridge'' the following:
``and improvements to the Carlton Bridge in Bath-
Woolworth'';
(11) in item 76, relating to Tennessee--
(A) by inserting ``Improved access to'' before ``I-
81'';
(B) by striking ``Interchange''; and
(C) by inserting after ``Tennessee'' the second
place it appears the following: ``via improvements at I-
181/Eastern Star Road and I-81/Kendrick Creek Road'';
(12) in item 100, relating to Arkansas, by striking
``Thornton'' and inserting ``Little Rock'';
(13) in item 113, relating to Durham County, North Carolina,
by inserting after ``Route 147'' the following: ``, including
the interchange at I-85'';
(14) in item 114, relating to Corpus Christi to Angleton,
Texas, by striking ``Construct new multi-lane freeway'' and
inserting ``Construct a 4-lane divided highway'';
(15) in item 162, relating to New York, New York, by
inserting after ``paint'' the following: ``, $40,000,000, and
James A. Farley Post Office, Pennsylvania Station, and
associated service buildings: redevelopment, $15,000,000'';
(16) in item 193, relating to Corning, New York, by
inserting ``and other improvements'' after ``expressway lanes'';
and
(17) in item 196, relating to Orlando, Florida--
(A) by striking ``Orlando,''; and
(B) by striking ``Land'' and all that follows
through ``project'' and inserting ``One or more
regionally significant, intercity ground transportation
projects''.
SEC. 336. CORRECTIONS TO INTERMODAL PROJECTS.
The table contained in section 1108(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2060-2063) is amended--
(1) in item 9, relating to E. Haven/Wallingford,
Connecticut--
(A) by striking ``for $8.8 million'';
(B) by striking ``for $2.4 million''; and
(C) by striking ``for $0.7 million'';
(2) in item 12, relating to Buffalo, New York, by inserting
after ``Project'' the following: ``and the Crossroads Arena
Project'';
(3) in item 31, relating to Los Angeles, California, by
striking ``To improve ground access from Sepulveda Blvd. to Los
Angeles, California'' and inserting the following: ``For the Los
Angeles International Airport central terminal ramp access
project, $3,500,000; for the widening of Aviation Boulevard
south of Imperial Highway, $3,500,000; for the widening of
Aviation Boulevard north of Imperial Highway, $1,000,000; and
for transportation systems management improvements in the
vicinity of the Sepulveda Boulevard/Los Angeles International
Airport tunnel, $950,000'';
(4) in item 33, relating to Orange County, New York, strike
``Stuart Airport Interchange Project'' and insert ``Stewart
Airport interchange projects''; and
(5) in item 38, relating to Provo, Utah, strike ``South''
and all that follows through ``Airport'' and insert ``East-West
Connector from United States Route 89-189''.
SEC. 337. NATIONAL RECREATIONAL TRAILS.
(a) State Eligibility.--Section 1302(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (16 U.S.C. 1261(c)) is amended--
(1) by striking ``Act'' each place it appears and inserting
``part'';
(2) in paragraph (2)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(3) by adding at the end the following:
``(3) Federal share.--
``(A) Prior to fiscal year 2001.--Prior to October
1, 2000, the Federal share of the cost of a project
under this section shall be 50 percent.
``(B) Fiscal year 2001 and thereafter.--For fiscal
year 2001 and each fiscal year thereafter, a State shall
be eligible to receive moneys under this part for a
fiscal year only if the State agrees to expend from non-
Federal sources for carrying out projects under this
part an amount equal to 20 percent of the amount
received by the State under this part in that fiscal
year.''.
(b) Administrative Costs.--Section 1302(d)(1) of such Act (16 U.S.C.
1261(d)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D) contracting for services with other land
management agencies; and''.
(c) Environmental Mitigation.--
(1) In general.--Section 1302(e) of such Act (16 U.S.C.
1261(e)) is amended--
(A) by redesignating paragraphs (5), (6), (7), and
(8) as paragraphs (6), (7), (8), and (9), respectively;
and
(B) by inserting after paragraph (4) the following:
``(5) Environmental mitigation.--
``(A) Requirement.--To the extent practicable and
consistent with other requirements of this section, in
complying with paragraph (4), a State should give
consideration to project proposals that provide for the
redesign, reconstruction, nonroutine maintenance, or
relocation of trails in order to mitigate and minimize
the impact to the natural environment.
``(B) Guidance.--A recreational trail advisory board
satisfying the requirements of subsection (c)(2)(A)
shall issue guidance to a State for the purposes of
implementing subparagraph (A).
(2) Conforming amendment.--Section 1302(e)(4) of such Act
(16 U.S.C. 1261(e)(4)) is amended by striking ``paragraphs (6)
and (8)(B)'' and inserting ``paragraphs (7) and (9)(B)''.
(d) Return of Moneys Not Expended.--Section 1302(e)(9)(B) of such
Act, as redesignated by subsection (c)(1)(A), is amended--
(1) by inserting ``the State'' before ``may be exempted'';
and
(2) by striking ``and expended or committed'' and all that
follows before the period.
(e) Advisory Committee.--
(1) In general.--Section 1303(b) of such Act (16 U.S.C.
1262(b)) is amended--
(A) by striking ``11 members'' and inserting ``12
members'';
(B) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) 1 member appointed by the Secretary representing
individuals with disabilities;''.
(2) Conforming amendment.--Section 1303(c) of such Act (16
U.S.C. 1262(c)) is amended by striking ``subsection (b)(2)'' and
inserting ``subsection (b)(3)''.
(f) Funding.--Section 104 of title 23, United States Code, is
amended--
(1) by redesignating subsection (h) as subsection (j); and
(2) by inserting after subsection (g) the following:
``(h) National Recreational Trails Funding.--In addition to funds
made available from the National Recreational Trails Trust Fund, the
Secretary shall obligate, from administrative funds (contract authority)
deducted under subsection (a), to carry out section 1302 of the
Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C.
1261) $15,000,000 for each of fiscal years 1996 and 1997.''.
SEC. 338. INTELLIGENT TRANSPORTATION SYSTEMS.
(a) Improved Collaboration in Intelligent Transportation Systems
Research and Development.--Section 6054 of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 307 note; 105 Stat.
2191-2192) is amended by adding at the end the following:
``(e) Collaborative Research and Development.--In carrying out this
part, the Secretary may carry out collaborative research and development
in accordance with section 307(a)(2) of title 23, United States Code.''.
(b) Time Limit for Obligation of Funds for Intelligent
Transportation Systems Projects.--Section 6058 of such Act (23 U.S.C.
307 note; 105 Stat. 2194-2195) is amended--
(1) in subsection (e) by striking ``until expended'' and
inserting ``for obligation in accordance with this section'';
and
(2) by adding at the end the following:
``(f) Obligation of Funds.--
``(1) In general.--Funds made available pursuant to
subsections (a) and (b) on or after the date of the enactment of
this subsection and other funds made available on or after that
date to carry out specific intelligent transportation systems
projects shall be obligated not later than the last day of the
fiscal year following the fiscal year for which the funds are
made available. Funds made available pursuant to subsections (a)
and (b) before such date of enactment shall remain available
until expended.
``(2) Reallocation of funds.--If funds described in
paragraph (1) are not obligated by the date described in the
paragraph, the Secretary may make the funds available to carry
out any other project with respect to which funds may be made
available under subsection (a) or (b).''.
(c) Conforming Amendments.--
(1) Findings.--Section 6009(a)(6) of such Act (23 U.S.C. 307
note; 105 Stat. 2176) is amended by striking ``intelligent
vehicle highway systems'' and inserting ``intelligent
transportation systems''.
(2) Intelligent transportation systems generally.--Part B of
title VI of such Act (23 U.S.C. 307 note) is amended--
(A) by striking the part heading and inserting the
following:
``PART B--INTELLIGENT TRANSPORTATION SYSTEMS'';
(B) in section 6051 by striking ``Intelligent
Vehicle-Highway Systems'' and inserting ``Intelligent
Transportation Systems'';
(C) by striking ``intelligent vehicle-highway
systems'' each place it appears and inserting
``intelligent transportation systems'';
(D) in section 6054(a)(2)(A) by striking
``intelligent vehicle-highway'' and inserting
``intelligent transportation systems'';
(E) in the subsection heading for section 6054(b) by
striking ``Intelligent Vehicle-Highway Systems'' and
inserting ``Intelligent Transportation Systems'';
(F) in the subsection heading for section 6056(a) by
striking ``IVHS'' and inserting ``ITS'';
(G) in the subsection heading for each of
subsections (a) and (b) of section 6058 by striking
``IVHS'' and inserting ``ITS''; and
(H) in the paragraph heading for section 6059(1) by
striking ``IVHS'' and inserting ``ITS''.
(3) DOT appropriations act.--Section 310(c)(3) of the
Department of Transportation and Related Agencies Appropriations
Act, 1995 (23 U.S.C. 104 note; 108 Stat. 2489-2490) is amended
by striking ``intelligent vehicle highway systems'' and
inserting ``intelligent transportation systems''.
(4) HAZMAT.--Section 109(a) of the Hazardous Materials
Transportation Authorization Act of 1994 (23 U.S.C. 307 note) is
amended--
(A) by striking ``Intelligent Vehicle-Highway
Systems'' each place it appears and inserting
``Intelligent Transportation Systems''; and
(B) by striking ``intelligent vehicle-highway
system'' and inserting ``intelligent transportation
system''.
(5) University research institute.--Section 5316(d) of title
49, United States Code, is amended--
(A) in the subsection heading by striking
``Intelligent Vehicle-Highway'' and inserting
``Intelligent Transportation''; and
(B) by striking ``intelligent vehicle-highway'' each
place it appears and inserting ``intelligent
transportation''.
SEC. 339. ELIGIBILITY.
(a) Pennsylvania Turnpike and I-95.--
(1) Reconstruction and widening.--The project authorized by
section 162 of the Surface Transportation Assistance Act of 1982
(96 Stat. 2136) shall include reconstruction and widening to 6
lanes of existing Interstate Route 95 and of the Pennsylvania
Turnpike from United States Route 1 to the junction with the New
Jersey Turnpike, including the structure over the Delaware
River.
(2) Federal share.--Notwithstanding any other provision of
law, the Federal share payable on account of the project
referred to in paragraph (1), including the additional through
roadway and bridge travel lanes, shall be 90 percent of the cost
of the project.
(3) Tolls.--Notwithstanding section 301 of title 23, United
States Code, the project for construction of an interchange
between the Pennsylvania Turnpike and Interstate Route 95,
including the widening of the Pennsylvania Turnpike, shall be
treated as a reconstruction project described in section
129(a)(1)(B) of such title and tolls may be continued on all
traffic on the Pennsylvania Turnpike between United States Route
1 and the New Jersey Turnpike.
(b) <<NOTE: 23 USC 109 note.>> Type II Noise Barriers.--
(1) General rule.--No funds made available out of the
Highway Trust Fund may be used to construct Type II noise
barriers (as defined by section 772.5(i) of title 23, Code of
Federal Regulations) pursuant to subsections (h) and (i) of
section 109 of title 23, United States Code, if such barriers
were not part of a project approved by the Secretary before the
date of the enactment of this Act.
(2) Exceptions.--Paragraph (1) shall not apply to
construction of Type II noise barriers along lands that were
developed or were under substantial construction before approval
of the acquisition of the rights-of-ways for, or construction
of, the existing highway.
(c) Route Segments in Wyoming.--
(1) In general.--The Secretary shall cooperate with the
State of Wyoming in monitoring the changes in growth along, and
traffic patterns of, the route segments in Wyoming described in
paragraph (2), for the purpose of future consideration of the
addition of the route segments to the National Highway System in
accordance with section 103(b)(6) of title 23, United States
Code.
(2) Route segments.--The route segments referred to in
paragraph (1) are--
(A) United States Route 191 from Rock Springs to
Hoback Junction;
(B) United States Route 16 from Worland to
Interstate Route 90; and
(C) Wyoming Route 59 from Douglas to Gillette.
(d) Orange Street Bridge, Missoula, Montana.--Notwithstanding
section 149 of title 23, United States Code, or any other provision of
law, a project to construct new capacity for the Orange Street Bridge in
Missoula, Montana, shall be eligible for funding under the congestion
mitigation and air quality improvement program established under such
section.
(e) National Railroad Passenger Corporation Line.--The improvements
to, or adjacent to, the main line of the National Railroad Passenger
Corporation between milepost 190.23 at Central Falls, Rhode Island, and
milepost 168.53 at Davisville, Rhode Island, that are necessary to
support the rail movement of freight shall be eligible for funds
apportioned under sections 103(e)(4), 104(b)(2), and 104(b)(3) of title
23, United States Code.
(f) Pocono Northeast Railway Company Line.--The improvements to the
former Pocono Northeast Railway Company freight rail line by the Luzerne
County Redevelopment Authority that are necessary to support the rail
movement of freight shall be eligible for funds apportioned under
sections 104(b)(2) and 104(b)(3) of title 23, United States Code.
(g) Brightman Street Bridge, Fall River Harbor, Massachusetts.--
Notwithstanding any other provision of law, the Brightman Street Bridge
in Fall River Harbor, Massachusetts, may be reconstructed to result in a
clear channel width of less than 300 feet.
(h) Atlantic Intracoastal Waterway Bridge Replacement at Great
Bridge, Chesapeake, Virginia.--The project for navigation at Great
Bridge, Virginia, Highway 168, over the Atlantic Intracoastal Waterway
in Chesapeake, Virginia: Report of the Chief of Engineers, dated July 1,
1994, at a total cost of $23,680,000, with an estimated Federal cost of
$20,341,000 and an estimated non-Federal cost of $3,339,000. The city of
Chesapeake shall assume full ownership of the replacement bridge to be
constructed under the project, including all associated operation,
maintenance, repair, replacement, and rehabilitation costs.
(i) Federal Lands Highways Program.--Notwithstanding section 101(a)
of title 23, United States Code, and the requirements of sections 202
and 204 of such title, the highway projects described in section
149(a)(62) of the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (101 Stat. 191), section 1 of Public Law 100-211
(101 Stat. 1442), and Public Law 99-647 (100 Stat. 3625) and projects on
State Highway 488 within the Great Basin National Park, Nevada, and
United States Route 93 from Somers to Whitefish, Montana, shall be
eligible for assistance under sections 202 and 204 of such title. Any
funds allocated for fiscal year 1996 and thereafter for such projects as
a result of enactment of this subsection shall not affect the
apportionment adjustments made under section 1015 of the Intermodal
Surface Transportation Efficiency Act of 1991.
(j) Alameda Transportation Corridor, California.--Funds apportioned
to the State of California under section 104(b)(1) of title 23, United
States Code, for the National Highway System may be obligated for
construction of, and operational improvements for, grade separation
projects for the Alameda Transportation Corridor along Alameda Street
from the entrance to the ports of Los Angeles and Long Beach to
Interstate Route 10, Los Angeles, California. The Federal share of the
costs of such projects shall be determined in accordance with section
120(b) of such title.
SEC. 340. MISCELLANEOUS CORRECTIONS TO SURFACE TRANSPORTATION AND
UNIFORM RELOCATION ASSISTANCE ACT OF 1987.
(a) 34th Street Corridor Project in Moorhead, Minnesota.--Section
149(a)(5)(A) of the Surface Transportation and Uniform Relocation
Assistance Act of 1987 (101 Stat. 181), relating to Minnesota, is
amended--
(1) by striking ``and'' at the end of clause (i); and
(2) by inserting ``and (iii) a safety overpass,'' after
``interchange,''.
(b) California.--Section 149(a)(69) of such Act (101 Stat. 191),
relating to Burbank-Glendale-Pasadena Airport, California, is amended--
(1) by striking ``highway'';
(2) by striking ``and construction of terminal and parking
facilities at such airport''; and
(3) by striking ``by making'' and all that follows through
the period at the end of the second sentence and inserting the
following: ``by preparing a feasibility study and conducting
preliminary engineering, design, and construction of a link
between such airport and the commuter rail system that is being
developed by the Los Angeles County Metropolitan Transportation
Authority.''.
(c) Pennsylvania.--Section 149(a)(74) of such Act (101 Stat. 192) is
amended--
(1) by striking ``Chambersburg, pennsylvania'' in the
paragraph heading and inserting ``Pennsylvania''; and
(2) by inserting before the period at the end the following:
``and other projects in the counties of Bedford, Blair, Centre,
Franklin, and Huntingdon, Pennsylvania''.
(d) Louisiana.--
(1) Rural access project.--Section 149(a)(87) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 194) is amended--
(A) by striking ``West calcasieu parish, louisiana''
and inserting ``Louisiana''; and
(B) by inserting before the period at the end the
following: ``and construction of roads and a bridge to
provide access to the Rose Bluff industrial area, Lake
Charles, Louisiana''.
(2) I-10 exit ramp and other projects.--Section 149(a)(89)
of the Surface Transportation and Uniform Relocation Assistance
Act of 1987 (101 Stat. 194) is amended--
(A) by inserting ``and lake charles'' after
``lafayette'' in the paragraph heading; and
(B) by inserting before the period at the end the
following: ``and, of amounts made available to carry out
this paragraph, may use up to $456,022 to carry out a
comprehensive transportation and land use plan for
Lafayette, Louisiana, $1,000,000 to carry out a project
to construct an exit ramp from the eastbound side of
Interstate Route 10 to Ryan Street in Lake Charles,
Louisiana, and $269,661 to carry out projects described
in paragraph (90)''.
(3) Contraband bridge.--Section 149(a)(90) of such Act (101
Stat. 194) is amended--
(A) by inserting ``and lake charles'' after
``lafayette'' in the paragraph heading; and
(B) by inserting before the period at the end ``and
a project to construct the Contraband Bridge portion of
the Nelson Access Road Project''.
(e) Maryland.--Section 149(a)(92) of such Act (101 Stat. 194) is
amended--
(1) by striking ``United states route 48'' in the paragraph
heading and inserting ``Washington and frederick counties''; and
(2) by inserting ``and to construct an interchange between
Interstate Route 70 and Interstate Route 270 in Frederick
County, Maryland'' after ``Mountain Road''.
(f) North Dakota.--Of funds remaining available for obligation under
sections 149(a)(111)(C), 149(a)(111)(E), 149(a)(111)(J), 149(a)(111)(K),
149(a)(111)(L), 149(a)(111)(M), and 149(a)(112) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987, $217,440
shall be made available for the repair of County Road 8 west of Lawton,
Ramsey County, North Dakota. The remainder of such funds shall be made
available to the North Dakota department of transportation for flood
prevention and repair activities on North Dakota county roads on a
Federal-aid system that are threatened by flooding (as determined by the
North Dakota department of transportation).
SEC. 341. ACCESSIBILITY OF OVER-THE-ROAD BUSES TO INDIVIDUALS WITH
DISABILITIES.
Section 306(a)(2)(B)(iii) of the Americans With Disabilities Act of
1990 (42 U.S.C. 12186(a)(2)(B)(iii)) is amended--
(1) in subclause (I) by striking ``7 years after the date of
the enactment of this Act'' and inserting ``3 years after the
date of issuance of final regulations under clause (ii)''; and
(2) in subclause (II) by striking ``6 years after such date
of enactment'' and inserting ``2 years after the date of
issuance of such final regulations''.
SEC. 342. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
(a) Mass Transit Testing.--Section 5331(b) of title 49, United
States Code, is amended by striking the subsection designation and all
that follows through paragraph (1)(A) and inserting the following:
``(b) Testing Program for Mass Transportation Employees.--
(1)(A) <<NOTE: Regulations.>> In the interest of mass transportation
safety, the Secretary shall prescribe regulations that establish a
program requiring mass transportation operations that receive financial
assistance under section 5307, 5309, or 5311 of this title or section
103(e)(4) of title 23 to conduct preemployment, reasonable suspicion,
random, and post-accident testing of mass transportation employees
responsible for safety-sensitive functions (as decided by the Secretary)
for the use of a controlled substance in violation of law or a United
States Government regulation, and to conduct reasonable suspicion,
random, and post-accident testing of such employees for the use of
alcohol in violation of law or a United States Government regulation.
The regulations shall permit such operations to conduct preemployment
testing of such employees for the use of alcohol.''.
(b) Railroad Testing.--Section 20140(b)(1)(A) of title 49, United
States Code, is amended to read as follows:
``(A) a railroad carrier to conduct preemployment,
reasonable suspicion, random, and post-accident testing of all
railroad employees responsible for safety-sensitive functions
(as decided by the Secretary) for the use of a controlled
substance in violation of law or a United States Government
regulation, and to conduct reasonable suspicion, random, and
post-accident testing of such employees for the use of alcohol
in violation of law or a United States Government regulation;
the regulations shall permit such railroad carriers to conduct
preemployment testing of such employees for the use of alcohol;
and''.
(c) Motor Carrier Testing.--Section 31306(b) of such title is
amended by striking the subsection designation and all that follows
through paragraph (1)(A) and inserting the following:
``(b) Testing Program for Operators of Commercial Motor
Vehicles <<NOTE: Regulations.>> .--(1)(A) In the interest of commercial
motor vehicle safety, the Secretary of Transportation shall prescribe
regulations that establish a program requiring motor carriers to conduct
preemployment, reasonable suspicion, random, and post-accident testing
of operators of commercial motor vehicles for the use of a controlled
substance in violation of law or a United States Government regulation
and to conduct reasonable suspicion, random, and post-accident testing
of such operators for the use of alcohol in violation of law or a United
States Government regulation. The regulations shall permit such motor
carriers to conduct preemployment testing of such employees for the use
of alcohol.''.
(d) Aviation Testing.--
(1) Program for employees of air carriers and foreign air
carriers.--Section 45102(a) of title 49, United States Code, is
amended by striking the subsection designation and all that
follows through paragraph (1) and inserting the following:
``(a) Program for Employees of Air Carriers and Foreign Air
Carriers <<NOTE: Regulations.>> .--(1) In the interest of aviation
safety, the Administrator of the Federal Aviation Administration shall
prescribe regulations that establish a program requiring air carriers
and foreign air carriers to conduct preemployment, reasonable suspicion,
random, and post-accident testing of airmen, crew members, airport
security screening contract personnel, and other air carrier employees
responsible for safety-sensitive functions (as decided by the
Administrator) for the use of a controlled substance in violation of law
or a United States Government regulation; and to conduct reasonable
suspicion, random, and post-accident testing of airmen, crew members,
airport security screening contract personnel, and other air carrier
employees responsible for safety-sensitive functions (as decided by the
Administrator) for the use of alcohol in violation of law or a United
States Government regulation. The regulations shall permit air carriers
and foreign air carriers to conduct preemployment testing of airmen,
crew members, airport security screening contract personnel, and other
air carrier employees responsible for safety-sensitive functions (as
decided by the Administrator) for the use of alcohol.''.
(2) Program for employees of the federal aviation
administration.--Section 45102(b) of title 49, United States
Code, is amended by striking the subsection designation and all
that follows through paragraph (1) and inserting the following:
``(b) Program for Employees of the Federal Aviation
Administration.--(1) The Administrator shall establish a program of
preemployment, reasonable suspicion, random, and post-accident testing
for the use of a controlled substance in violation of law or a United
States Government regulation for employees of the Administration whose
duties include responsibility for safety-sensitive functions and shall
establish a program of reasonable suspicion, random, and post-accident
testing for the use of alcohol in violation of law or a United States
Government regulation for such employees. The Administrator may
establish a program of preemployment testing for the use of alcohol for
such employees.''.
SEC. 343. NATIONAL DRIVER REGISTER.
Section 30308(a) of title 49, United States Code, is amended by
striking ``and $2,550,000 for fiscal year 1995'' and inserting ``and
$2,550,000 for each of fiscal years 1995 and 1996''.
SEC. 344. COMMERCIAL MOTOR VEHICLE SAFETY PILOT PROGRAM.
Section 31136(e) of title 49, United States Code, is amended--
(1) by inserting ``(1) In general.--'' before ``After'';
(2) by indenting paragraph (1), as designated by paragraph
(1) of this section, and moving that paragraph 2 ems to the
right; and
(3) by adding at the end the following:
``(2) Commercial motor vehicle safety pilot program.--
``(A) In general.--Not later than the 270th day
following the date of the enactment of this paragraph,
the Secretary shall implement a commercial motor vehicle
regulatory relief and safety pilot program (hereinafter
in this paragraph referred to as the `program') to grant
and to monitor exemptions from the provisions of this
section and sections 504 and 31502. The program shall
provide that the Secretary, within 120 days after
receiving an application for participation in the
program from an employer, shall determine whether to
exempt some or all of the eligible vehicles operated by
the applicant, and some or all of the drivers of such
vehicles employed by the applicant, from some or all of
the regulations prescribed under this section and
sections 504 and 31502--
``(i) if the applicant has a satisfactory
safety rating issued by the Secretary or meets
criteria established by the Secretary pursuant to
subparagraph (J) instead of such rating; and
``(ii) if the applicant and the Secretary
enter into an agreement that provides that the
applicant while participating in the program--
``(I) shall operate safely;
``(II) shall provide the Secretary
with accident and nonconfidential
insurance-related information relevant
to the safety performance of the
applicant and vehicles and drivers of
the applicant subject to the program;
``(III) shall use in the program
only drivers with good safety records in
the preceding 36 months and who maintain
such good safety records while in the
program; and
``(IV) shall implement such safety
management controls as the Secretary (in
cooperation with the applicant)
determines are necessary to carry out
the objectives of this subsection.
``(B) Safety management controls.--Safety management
controls implemented by participants in the program
shall be designed to achieve a level of operational
safety equal to or greater than that resulting from
compliance with the regulations prescribed under this
section and sections 504 and 31502.
``(C) Paperwork burden to be minimized.--The
Secretary shall ensure that participants in the program
are subject to a minimum of paperwork and regulatory
burdens necessary to ensure compliance with the
requirements of the program.
``(D) Encouragement of advanced technology.--The
Secretary shall encourage participants in the program to
use such advanced technologies as may be necessary to
ensure compliance with the requirements of the program.
``(E) Approval factors.--In approving applicants for
participation in the program, the Secretary shall--
``(i) ensure that the participants represent a
broad cross-section of fleet size and drivers of
eligible vehicles; and
``(ii) ensure participation by qualified
applicants, except to the extent limited by
resources of the Secretary that are necessary to
permit effective monitoring under subparagraph
(G).
``(F) Modifications to reflect changes in
regulations.--If there is a material change in the
regulations prescribed under this section or section 504
or 31502, the Secretary shall require each participant
in the program to modify the safety management controls
applicable to such participant, and the agreement
provided for in subparagraph (A)(ii), to the extent
necessary to reflect the material change.
``(G) Monitoring.--The Secretary and participants in
the program shall monitor periodically the safety of
vehicles and drivers subject to the program.
``(H) Termination of participation.--A participant
shall participate in the program until--
``(i) the Secretary finds that--
``(I) the participant has exceeded
the average ratio of preventable
accidents to vehicle miles traveled for
a period of 12 months for eligible
vehicles;
``(II) the participant has failed to
comply with the requirements established
by the Secretary for participation in
the program (including applicable safety
management controls); or
``(III) continued participation in
the program is not in the public
interest; or
``(ii) the participant voluntarily withdraws
from the program.
``(I) Emergencies.--The Secretary may suspend or
modify participation in the program in case of
emergency.
``(J) Guidelines.--
``(i) In general.--Not later than the 270th
day following the date of the enactment of this
paragraph, the Secretary, after notice and
opportunity for comment, shall establish criteria
and define any terms necessary for implementing
the program consistent with this section. In
establishing the criteria, the Secretary may
consider to what extent and under what conditions
safety management controls may substitute, in
whole or in part, for compliance with some or all
of the regulations prescribed under this section
and sections 504 and 31502.
``(ii) <<NOTE: Effective date.>>
Limitation.--Notwithstanding clause (i), the
program shall take effect on or before the 270th
day following the date of the enactment of this
paragraph. If the rulemaking described in clause
(i) is not completed on or before such 270th day,
the Secretary shall issue interim criteria,
consistent with this section, pending the
completion of the rulemaking described in this
subsection.
``(K) Eligible vehicles.--For purposes of this
subsection, the term `eligible vehicle' means a
commercial motor vehicle with a gross vehicle weight
rating of at least 10,001 pounds, but not more than
26,000 pounds, other than a vehicle--
``(i) designed to transport more than 15
passengers, including the driver; or
``(ii) used in transporting material found by
the Secretary to be hazardous under section 5103
and transported in a quantity requiring placarding
under the regulations issued under such section.
``(3) Review of regulations.--Based in part on the
information and experience obtained from the program, the
Secretary shall conduct a zero-based review of the need for, and
the costs and benefits of, all regulations prescribed under this
section and sections 504 and 31502 to determine whether and to
what extent such regulations should apply to eligible vehicles.
The review shall focus on the appropriate level of safety that
is in the public interest and the paperwork and regulatory
burdens of such regulations as the regulations apply to
employers and employees that use such vehicles. The Secretary
shall complete the review by the last day of the 3-year period
beginning on the date of the enactment of this paragraph. Upon
completion of the review, the Secretary shall, after notice and
an opportunity for public comment, grant such exemptions or
modify or repeal existing regulations to the extent
appropriate.''.
SEC. 345. <<NOTE: 49 USC 31136 note.>> EXEMPTIONS FROM
REQUIREMENTS RELATING TO COMMERCIAL MOTOR
VEHICLES AND THEIR OPERATORS.
(a) Exemptions.--
(1) Transportation of agricultural commodities and farm
supplies.--Regulations prescribed by the Secretary under
sections 31136 and 31502 of title 49, United States Code,
regarding maximum driving and on-duty time for drivers used by
motor carriers shall not apply to drivers transporting
agricultural commodities or farm supplies for agricultural
purposes in a State if such transportation is limited to an area
within a 100 air mile radius from the source of the commodities
or the distribution point for the farm supplies and is during
the planting and harvesting seasons within such State, as
determined by the State.
(2) Transportation and operation of ground water well
drilling rigs.--Such regulations shall, in the case of a driver
of a commercial motor vehicle who is used primarily in the
transportation and operation of a ground water well drilling
rig, permit any period of 7 or 8 consecutive days to end with
the beginning of an off-duty period of 24 or more consecutive
hours for the purposes of determining maximum driving and on-
duty time.
(3) Transportation of construction materials and
equipment.--Such regulations shall, in the case of a driver of a
commercial motor vehicle who is used primarily in the
transportation of construction materials and equipment, permit
any period of 7 or 8 consecutive days to end with the beginning
of an off-duty period of 24 or more consecutive hours for the
purposes of determining maximum driving and on-duty time.
(4) Drivers of utility service vehicles.--Such regulations
shall, in the case of a driver of a utility service vehicle,
permit any period of 7 or 8 consecutive days to end with the
beginning of an off-duty period of 24 or more consecutive hours
for the purposes of determining maximum driving and on-duty
time.
(5) Snow and ice removal.--A State may waive the
requirements of chapter 313 of title 49, United States Code,
with respect to a vehicle that is being operated within the
boundaries of an eligible unit of local government by an
employee of such unit for the purpose of removing snow or ice
from a roadway by plowing, sanding, or salting. Such waiver
authority shall only apply in a case where the employee is
needed to operate the vehicle because the employee of the
eligible unit of local government who ordinarily operates the
vehicle and who has a commercial drivers license is unable to
operate the vehicle or is in need of additional assistance due
to a snow emergency.
(b) Preemption.--Nothing contained in this section shall require the
preemption of State laws and regulations concerning the safe operation
of commercial motor vehicles as the result of exemptions from Federal
requirements provided under this section.
(c) Review by the Secretary.--The Secretary may conduct a rulemaking
proceeding to determine whether granting any exemption provided by
subsection (a) (other than paragraph (2)) is not in the public interest
and would have a significant adverse impact on the safety of commercial
motor vehicles. If, at any time as a result of such a proceeding, the
Secretary determines that granting such exemption would not be in the
public interest and would have a significant adverse impact on the
safety of commercial motor vehicles, the Secretary may prevent the
exemption from going into effect, modify the exemption, or revoke the
exemption. The Secretary may develop a program to monitor the exemption,
including agreements with carriers to permit the Secretary to examine
insurance information maintained by an insurer on a carrier.
(d) Report.--The Secretary shall monitor the commercial motor
vehicle safety performance of drivers of vehicles that are subject to an
exemption under this section. If the Secretary determines that public
safety has been adversely affected by an exemption granted under this
section, the Secretary shall report to Congress on the determination.
(e) Definitions.--In this section, the following definitions apply:
(1) 7 or 8 consecutive days.--The term ``7 or 8 consecutive
days'' means the period of 7 or 8 consecutive days beginning on
any day at the time designated by the motor carrier for a 24-
hour period.
(2) 24-hour period.--The term ``24-hour period'' means any
24 consecutive hour period beginning at the time designated by
the motor carrier for the terminal from which the driver is
normally dispatched.
(3) Ground water well drilling rig.--The term ``ground water
well drilling rig'' means any vehicle, machine, tractor,
trailer, semi-trailer, or specialized mobile equipment propelled
or drawn by mechanical power and used on highways to transport
water well field operating equipment, including water well
drilling and pump service rigs equipped to access ground water.
(4) Transportation of construction materials and
equipment.--The term ``transportation of construction materials
and equipment'' means the transportation of construction and
pavement materials, construction equipment, and construction
maintenance vehicles, by a driver to or from an active
construction site (a construction site between initial
mobilization of equipment and materials to the site to the final
completion of the construction project) within a 50 air mile
radius of the normal work reporting location of the driver. This
paragraph does not apply to the transportation of material found
by the Secretary to be hazardous under section 5103 of title 49,
United States Code, in a quantity requiring placarding under
regulations issued to carry out such section.
(5) Eligible unit of local government.--The term ``eligible
unit of local government'' means a city, town, borough, county,
parish, district, or other public body created by or pursuant to
State law which has a total population of 3,000 individuals or
less.
(6) Utility service vehicle.--The term ``utility service
vehicle'' means any commercial motor vehicle--
(A) used in the furtherance of repairing,
maintaining, or operating any structures or any other
physical facilities necessary for the delivery of public
utility services, including the furnishing of electric,
gas, water, sanitary sewer, telephone, and television
cable or community antenna service;
(B) while engaged in any activity necessarily
related to the ultimate delivery of such public utility
services to consumers, including travel or movement to,
from, upon, or between activity sites (including
occasional travel or movement outside the service area
necessitated by any utility emergency as determined by
the utility provider); and
(C) except for any occasional emergency use,
operated primarily within the service area of a
utility's subscribers or consumers, without regard to
whether the vehicle is owned, leased, or rented by the
utility.
(f) Effective Date.--Subsection (a) of this section shall take
effect on the 180th day following the date of the enactment of this Act;
except that paragraphs (1) and (2) of subsection (a) shall take effect
on such date of enactment.
SEC. 346 <<NOTE: 49 USC 31136 note.>> . WINTER HOME HEATING OIL
DELIVERY STATE FLEXIBILITY PROGRAM.
(a) In General.--After notice and opportunity for comment, the
Secretary shall develop and implement a pilot program for the purpose of
evaluating waivers of the regulations issued by the Secretary pursuant
to sections 31136 and 31502 of title 49, United States Code, relating to
maximum on-duty time, and sections 31102 and 31104(j) of such title,
relating to the Motor Carrier Safety Assistance Program, to permit any
period of 7 or 8 consecutive days to end with the beginning of an off-
duty period of 24 or more consecutive hours for the purposes of
determining maximum on-duty time for drivers of motor vehicles making
intrastate home heating oil deliveries that occur within 100 air miles
of a central terminal or distribution point of the delivery of such oil.
The Secretary may approve up to 5 States to participate in the pilot
program during the winter heating season in the 6-month period beginning
on November 1, 1996.
(b) Approval Criteria.--The Secretary shall select States to
participate in the pilot program upon approval of applications submitted
by States to the Secretary. The Secretary shall act on a State's
application within 30 days after the date of its submission. The
Secretary may only approve an application of a State under this section
if the Secretary finds, at a minimum, that--
(1) a substantial number of the citizens of the State rely
on home heating oil for heat during winter months;
(2) current maximum on-duty time regulations may endanger
the welfare of these citizens by impeding timely deliveries of
home heating oil;
(3) the State will ensure an equal to or greater level of
safety with respect to home heating oil deliveries than the
level of safety resulting from compliance with the regulations
referred to in subsection (a);
(4) the State will monitor the safety of home heating oil
deliveries while participating in the program;
(5) employers of deliverers of home heating oil that will be
covered by the program will agree to make all safety data
developed from the pilot program available to the State and to
the Secretary;
(6) the State will only permit employers of deliverers of
home heating oil with satisfactory safety records to be covered
by the program; and
(7) the State will comply with such other criteria as the
Secretary determines are necessary to implement the program
consistent with this section.
(c) Participation in Program.--Upon approval of an application of a
State under this section, the Secretary shall permit the State to
participate in the pilot program for an initial period of 15 days during
the winter heating season of the State (as determined by the Governor
and the Secretary). If, after the last day of such 15-day period, the
Secretary finds that a State's continued participation in the program is
consistent with this section and has resulted in no significant adverse
impact on public safety and is in the public interest, the Secretary
shall extend the State's participation in the program for periods of up
to 30 additional days during such heating season.
(d) Suspension From Program.--The Secretary may suspend a State's
participation in the pilot program at any time if the Secretary finds--
(1) that the State has not complied with any of the criteria
for participation in the program under this section;
(2) that a State's participation in the program has caused a
significant adverse impact on public safety and is not in the
public interest; or
(3) the existence of an emergency.
(e) <<NOTE: Rulemaking.>> Review by Secretary.--Within 90 days
after the completion of the pilot program, the Secretary shall initiate
a rulemaking to determine, based in part on the results of the program,
whether to--
(1) permit a State to grant waivers of the regulations
referred to in subsection (a) to motor carriers transporting
home heating oil within the borders of the State, subject to
such conditions as the Secretary may impose, if the Secretary
determines that such waivers by the State meet the conditions in
section 31136(e) of title 49, United States Code; or
(2) amend the regulations referred to in subsection (a) as
may be necessary to provide flexibility to motor carriers
delivering home heating oil during winter periods of peak
demand.
(f) Definition.--In this section, the term ``7 or 8 consecutive
days'' has the meaning such term has under section 345 of this Act.
SEC. 347. <<NOTE: 23 USC 154 note.>> SAFETY REPORT.
Not later than September 30, 1997, the Secretary, in cooperation
with any State which raises any speed limit in such State to a level
above the level permitted under section 154 of title 23, United States
Code, as such section was in effect on September 15, 1995, shall prepare
and submit to Congress a study of--
(1) the costs to such State of deaths and injuries resulting
from motor vehicle crashes; and
(2) the benefits associated with the repeal of the national
maximum speed limit.
SEC. 348. <<NOTE: 42 USC 7511a note.>> MORATORIUM ON CERTAIN
EMISSIONS TESTING REQUIREMENTS.
(a) In General.--The Administrator of the Environmental Protection
Agency (hereinafter in this section referred to as the
``Administrator'') shall not require adoption or implementation by a
State of a test-only I/M240 enhanced vehicle inspection and maintenance
program as a means of compliance with section 182 or 187 of the Clean
Air Act (42 U.S.C. 7511a; 7512a), but the Administrator may approve such
a program if a State chooses to adopt the program as a means of
compliance with such section.
(b) Limitation on Plan Disapproval.--The Administrator shall not
disapprove or apply an automatic discount to a State implementation plan
revision under section 182 or 187 of the Clean Air Act (42 U.S.C. 7511a;
7512a) on the basis of a policy, regulation, or guidance providing for a
discount of emissions credits because the inspection and maintenance
program in such plan revision is decentralized or a test-and-repair
program.
(c) Emissions Reduction Credits.--
(1) State plan revision; approval.--Within 120 days of the
date of the enactment of this subsection, a State may submit an
implementation plan revision proposing an interim inspection and
maintenance program under section 182 or 187 of the Clean Air
Act (42 U.S.C. 7511a; 7512a). The Administrator shall approve
the program based on the full amount of credits proposed by the
State for each element of the program if the proposed credits
reflect good faith estimates by the State and the revision is
otherwise in compliance with such Act. If, within such 120-day
period, the State submits to the Administrator proposed
revisions to the implementation plan, has all of the statutory
authority necessary to implement the revisions, and has proposed
a regulation to make the revisions, the Administrator may
approve the revisions without regard to whether or not such
regulation has been issued as a final regulation by the State.
(2) Expiration of interim approval.--The interim approval
shall expire on the earlier of (A) the last day of the 18-month
period beginning on the date of the interim approval, or (B) the
date of final approval. The interim approval may not be
extended.
(3) Final approval.--The Administrator shall grant final
approval of the revision based on the credits proposed by the
State during or after the period of interim approval if data
collected on the operation of the State program demonstrates
that the credits are appropriate and the revision is otherwise
in compliance with the Clean Air Act.
(4) Basis of approval; no automatic discount.--Any
determination with respect to interim or full approval shall be
based on the elements of the program and shall not apply any
automatic discount because the program is decentralized or a
test-and-repair program.
SEC. 349. ROADS ON FEDERAL LANDS.
(a) Moratorium.--
(1) In general.--Notwithstanding any other provision of law,
no agency of the Federal Government may take any action to
prepare, promulgate, or implement any rule or regulation
addressing rights-of-way authorized pursuant to section 2477 of
the Revised Statutes (43 U.S.C. 932), as such section was in
effect before October 21, 1976.
(2) Sunset.--This subsection shall not be effective after
September 30, 1996.
(b) <<NOTE: Virginia. 16 USC 403 note.>> Requirement of Transfer of
County Road Corridors.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) County road corridor.--The term ``county road
corridor'' means a corridor that is comprised of--
(i) a Shenandoah county road; and
(ii) land contiguous to the road that is
selected by the Secretary of the Interior, in
consultation with the Governor of the State of
Virginia, such that the width of the corridor is
50 feet.
(B) Shenandoah county road.--The term ``Shenandoah
county road'' means the portion of any of the following
roads that is located in the Shenandoah National Park
and that has been in general use as a public roadway
prior to the date of the enactment of this Act:
(i) Madison County Route 600.
(ii) Rockingham County Route 624.
(iii) Rockingham County Route 625.
(iv) Rockingham County Route 626.
(v) Warren County Route 604.
(vi) Page County Route 759.
(vii) Page County Route 611.
(viii) Page County Route 682.
(ix) Page County Route 662.
(x) Augusta County Route 611.
(xi) Augusta County Route 619.
(xii) Albemarle County Route 614.
(xiii) Augusta County Route 661.
(xiv) Rockingham County Route 663.
(xv) Rockingham County Route 659.
(xvi) Page County Route 669.
(xvii) Rockingham County Route 661.
(xviii) Criser Road (to the town of Front
Royal).
(xix) The Government-owned parcel connecting
Criser Road to the Warren County School Board
parcel.
(2) Purpose.--The purpose of this subsection is to permit
the State of Virginia to maintain and provide for safe public
use of certain roads that the State donated to the United States
at the time of the establishment of Shenandoah National Park.
(3) Transfer.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Interior shall
transfer to the State of Virginia, without consideration or
reimbursement, all right, title, and interest of the United
States in and to each county road corridor.
(4) Reversion.--A transfer under paragraph (3) shall be
subject to the condition that if at any time a county road
corridor is withdrawn from general use as a public roadway, all
right, title, and interest in the county road corridor shall
revert to the United States.
SEC. 350. <<NOTE: 23 USC 101 note.>> STATE INFRASTRUCTURE BANK PILOT
PROGRAM.
(a) In General.--
(1) Cooperative agreements.--Subject to the provisions of
this section, the Secretary may enter into cooperative
agreements with not to exceed 10 States for the establishment of
State infrastructure banks and multistate infrastructure banks
for making loans and providing other assistance to public and
private entities carrying out or proposing to carry out projects
eligible for assistance under this section.
(2) Interstate compacts.--Congress grants consent to 2 or
more of the States, entering into a cooperative agreement under
paragraph (1) with the Secretary for the establishment of a
multistate infrastructure bank, to enter into an interstate
compact establishing such bank in accordance with this section.
(b) Funding.--
(1) Separate accounts.--An infrastructure bank established
under this section shall maintain a separate highway account for
Federal funds contributed to the bank under paragraph (2) and a
separate transit account for Federal funds contributed to the
bank under paragraph (3). No Federal funds contributed or
credited to an account of an infrastructure bank established
under this section may be commingled with Federal funds
contributed or credited to any other account of such bank.
(2) Highway account.--Notwithstanding any other provision of
law, the Secretary may allow, subject to subsection (g)(1), a
State entering into a cooperative agreement under this section
to contribute not to exceed--
(A) 10 percent of the funds apportioned to the State
for each of fiscal years 1996 and 1997 under each of
sections 104(b)(1), 104(b)(3), 104(b)(5)(B), 144, and
160 of title 23, United States Code, and section 1015 of
the Intermodal Surface Transportation Efficiency Act of
1991; and
(B) 10 percent of the funds allocated to the State
for each of such fiscal years under each of section 157
of such title and section 1013(c) of such Act;
into the highway account of the infrastructure bank established
by the State. Federal funds contributed to such account under
this paragraph shall constitute for purposes of this section a
capitalization grant for the highway account of the
infrastructure bank.
(3) Transit account.--Notwithstanding any other provision of
law, the Secretary may allow, subject to subsection (g)(1), a
State entering into a cooperative agreement under this section,
and any other Federal transit grant recipient, to contribute not
to exceed 10 percent of the funds made available to the State or
other Federal transit grant recipient in each of fiscal years
1996 and 1997 for capital projects under sections 5307, 5309,
and 5311 of title 49, United States Code, into the transit
account of the infrastructure bank established by the State.
Federal funds contributed to such account under this paragraph
shall constitute for purposes of this section a capitalization
grant for the transit account of the infrastructure bank.
(4) Special rule for urbanized areas of over 200,000.--Funds
that are apportioned or allocated to a State under section
104(b)(3) or 160 of title 23, United States Code, or under
section 1013(c) or 1015 of the Intermodal Surface Transportation
Efficiency Act of 1991 and attributed to urbanized areas of a
State with an urbanized population of over 200,000 under section
133(d)(3) of such title may be used to provide assistance with
respect to a project only if the metropolitan planning
organization designated for such area concurs, in writing, with
the provision of such assistance.
(c) Forms of Assistance From Infrastructure Banks.--An
infrastructure bank established under this section may make loans or
provide other assistance to a public or private entity in an amount
equal to all or part of the cost of carrying out a project eligible for
assistance under this section. The amount of any loan or other
assistance provided for such project may be subordinated to any other
debt financing for the project. Initial assistance provided with respect
to a project from Federal funds contributed to an infrastructure bank
under this section may not be made in the form of a grant.
(d) Qualifying Projects.--Federal funds in the highway account of an
infrastructure bank established under this section may be used only to
provide assistance with respect to construction of Federal-aid highways.
Federal funds in the transit account of such bank may be used only to
provide assistance with respect to capital projects.
(e) Infrastructure Bank Requirements.--In order to establish an
infrastructure bank under this section, each State establishing the bank
shall--
(1) contribute, at a minimum, in each account of the bank
from non-Federal sources an amount equal to 25 percent of the
amount of each capitalization grant made to the State and
contributed to the bank; except that if the contribution is into
the highway account of the bank and the State has a lower non-
Federal share under section 120(b) of title 23, United States
Code, such percentage shall be adjusted by the Secretary to
correspond with such lower non-Federal share;
(2) ensure that the bank maintains on a continuing basis an
investment grade rating on its debt issuances or has a
sufficient level of bond or debt financing instrument insurance
to maintain the viability of the bank;
(3) ensure that investment income generated by funds
contributed to an account of the bank will be--
(A) credited to the account;
(B) available for use in providing loans and other
assistance to projects eligible for assistance from the
account; and
(C) invested in United States Treasury securities,
bank deposits, or such other financing instruments as
the Secretary may approve to earn interest to enhance
the leveraging of projects assisted by the bank;
(4) provide that the repayment of a loan or other assistance
from an account of the bank under this section shall be
consistent with the repayment provisions of section 129(a)(7) of
title 23, United States Code, except to the extent the Secretary
determines that such provisions are not consistent with this
section;
(5) ensure that any loan from the bank will bear interest at
or below market interest rates, as determined by the State, to
make the project that is the subject of the loan feasible;
(6) ensure that repayment of any loan from the bank will
commence not later than 5 years after the project has been
completed or, in the case of a highway project, the facility has
opened to traffic, whichever is later;
(7) ensure that the term for repaying any loan will not
exceed 30 years after the date of the first payment on the loan
under paragraph (6); and
(8) <<NOTE: Reports.>> require the bank to make an annual
report to the Secretary on its status no later than September
30, 1996, and September 30, 1997, and to make such other reports
as the Secretary may require by guidelines.
(f) Limitation on Repayments.--Notwithstanding any other provision
of law, the repayment of a loan or other assistance provided from an
infrastructure bank under this section may not be credited towards the
non-Federal share of the cost of any project.
(g) Secretarial Requirements.--In administering this section, the
Secretary shall--
(1) ensure that Federal disbursements shall be at a rate
consistent with historic rates for the Federal-aid highway
program and the Federal transit program, respectively;
(2) <<NOTE: Guidelines.>> issue guidelines to ensure that
all requirements of title 23, United States Code, or title 49,
United States Code, that would otherwise apply to funds made
available under such title and projects assisted with such funds
apply to--
(A) funds made available under such title and
contributed to an infrastructure bank established under
this section; and
(B) projects assisted by the bank through the use of
such funds;
except to the extent that the Secretary determines that any
requirement of such title is not consistent with the objectives
of this section; and
(3) specify procedures and guidelines for establishing,
operating, and providing assistance from the bank.
(h) United States Not Obligated.--The contribution of Federal funds
into an infrastructure bank established under this section shall not be
construed as a commitment, guarantee, or obligation on the part of the
United States to any third party, nor shall any third party have any
right against the United States for payment solely by virtue of the
contribution. Any security or debt financing instrument issued by the
infrastructure bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, or obligation of
the United States.
(i) Management of Federal Funds.--Sections 3335 and 6503 of title
31, United States Code, shall not apply to funds contributed under this
section.
(j) Program Administration.--For each of fiscal years 1996 and 1997,
a State may expend not to exceed 2 percent of the Federal funds
contributed to an infrastructure bank established by the State under
this section to pay the reasonable costs of administering the bank.
(k) <<NOTE: Reports.>> Secretarial Review.--The Secretary shall
review the financial condition of each infrastructure bank established
under this section and transmit to Congress a report on the results of
such review not later than March 1, 1997. In addition, the report shall
contain--
(1) an evaluation of the pilot program conducted under this
section and the ability of such program to increase public
investment and attract non-Federal capital; and
(2) recommendations of the Secretary as to whether the
program should be expanded or made a part of the Federal-aid
highway and transit programs.
(l) Definitions.--In this section, the following definitions apply:
(1) Capital project.--The term ``capital project'' has the
meaning such term has under section 5302 of title 49, United
States Code.
(2) Construction; federal-aid highway.--The terms
``construction'' and ``Federal-aid highway'' have the meanings
such terms have under section 101 of title 23, United States
Code.
(3) Other assistance.--The term ``other assistance''
includes any use of funds in an infrastructure bank--
(A) to provide credit enhancements;
(B) to serve as a capital reserve for bond or debt
instrument financing;
(C) to subsidize interest rates;
(D) to ensure the issuance of letters of credit and
credit instruments;
(E) to finance purchase and lease agreements with
respect to transit projects;
(F) to provide bond or debt financing instrument
security; and
(G) to provide other forms of debt financing and
methods of leveraging funds that are approved by the
Secretary and that relate to the project with respect to
which such assistance is being provided.
(4) State.--The term ``State'' has the meaning such term has
under section 101 of title 23, United States Code.
SEC. 351. RAILROAD-HIGHWAY GRADE CROSSING SAFETY.
(a) <<NOTE: 23 USC 307 note.>> Intelligent Transportation
Systems.--In implementing the Intelligent Transportation Systems Act of
1991 (23 U.S.C. 307 note; 105 Stat. 2189-2195), the Secretary shall
ensure that the national intelligent transportation systems program
addresses, in a comprehensive and coordinated manner, the use of
intelligent transportation technologies to promote safety at railroad-
highway grade crossings. The Secretary shall ensure that 2 or more
operational tests funded under such Act are designed to promote highway
traffic safety and railroad safety.
(b) <<NOTE: 23 USC 130 note.>> Safety Enforcement.--
(1) Cooperation between federal and state agencies.--The
National Highway Traffic Safety Administration and the Office of
Motor Carriers within the Federal Highway Administration shall
cooperate and work, on a continuing basis, with the National
Association of Governors' Highway Safety Representatives, the
Commercial Vehicle Safety Alliance, and Operation Lifesaver,
Inc., to improve compliance with and enforcement of laws and
regulations pertaining to railroad-highway grade crossings.
(2) Report.--Not later than June 1, 1998, the Secretary
shall submit to Congress a report indicating--
(A) how the Department of Transportation worked with
the entities referred to in paragraph (1) to improve the
awareness of the highway and commercial vehicle safety
and law enforcement communities of regulations and
safety challenges at railroad-highway grade crossings;
and
(B) how resources are being allocated to better
address these challenges and enforce such regulations.
(c) <<NOTE: 23 USC 130 note.>> Federal-State Partnership.--
(1) Statement of policy.--
(A) Hazards to safety.--Certain railroad-highway
grade crossings present inherent hazards to the safety
of railroad operations and to the safety of persons
using those crossings. It is in the public interest--
(i) to promote grade crossing safety and
reduce risk at high risk railroad-highway grade
crossings; and
(ii) to reduce the number of grade crossings
while maintaining the reasonable mobility of the
American people and their property, including
emergency access.
(B) Effective programs.--Effective programs to
reduce the number of unneeded and unsafe railroad-
highway grade crossings require the partnership of
Federal, State, and local officials and agencies, and
affected railroads.
(C) Highway planning.--Promotion of a balanced
national transportation system requires that highway
planning specifically take into consideration grade
crossing safety.
(2) Partnership and oversight.--The Secretary shall
encourage each State to make progress toward achievement of the
purposes of this subsection.
SEC. 352. COLLECTION OF BRIDGE TOLLS. <<NOTE: New York.>>
Notwithstanding any other provision of law, tolls collected for
motor vehicles on any bridge connecting the boroughs of Brooklyn, New
York, and Staten Island, New York, shall continue to be collected for
only those vehicles exiting from such bridge in Staten Island.
SEC. 353. TRAFFIC CONTROL.
(a) <<NOTE: Oregon.>> Signs.--Traffic control signs referred to in
the experimental project conducted in the State of Oregon in December
1991 shall be deemed to comply with the requirements of section 2B-4 of
the Manual on Uniform Traffic Control Devices of the Department of
Transportation.
(b) <<NOTE: Rhode Island.>> Stripes.--Notwithstanding any other
provision of law, a red, white, and blue center line in the Main Street
of Bristol, Rhode Island, shall be deemed to comply with the
requirements of section 3B-1 of the Manual on Uniform Traffic Control
Devices of the Department of Transportation.
SEC. 354. PUBLIC USE OF REST AREAS. <<NOTE: Rhode Island.>>
Notwithstanding section 111 of title 23, United States Code, or any
project agreement under such section, the Secretary shall permit the
conversion of any safety rest area adjacent to Interstate Route 95
within the State of Rhode Island that was closed as of May 1, 1995, to
use as a motor vehicle emissions testing facility. At the option of the
State, vehicles shall be permitted to enter and exit any such testing
facility directly from Interstate Route 95.
SEC. 355. SAFETY BELT USE LAW REQUIREMENTS FOR NEW HAMPSHIRE AND
MAINE.
(a) In General.--For purposes of this section and section 153 of
title 23, United States Code, the States of New Hampshire and Maine
shall each be treated as having in effect a State law described in
subsection (a)(2) of such section and as having achieved a rate of
compliance with the State law required by subsections (f)(2) and (f)(3)
of such section upon certification by the Secretary that the State has
achieved--
(1) a safety belt use rate in each of fiscal years 1995 and
1996, of not less than 50 percent; and
(2) a safety belt use rate in each fiscal year thereafter of
not less than the national average safety belt use rate, as
determined by the Secretary.
(b) Retroactive Applicability.--
(1) Effective date.--Subsection (a) shall take effect
September 30, 1995.
(2) Treatment of continuance of safety belt use law.--If the
State of New Hampshire or Maine continues in effect a law
described in subsection (a)(2) of section 153 of title 23,
United States Code, within 60 days after the date of the
enactment of this section, the State shall be treated, for
purposes of this section and such section, as having in effect a
State law described in such subsection on September 30, 1995.
(c) Reservation of Apportionment Pending Certification.--If, at any
time in a fiscal year beginning after September 30, 1994, the State of
New Hampshire or Maine does not have in effect a law described in
subsection (a)(2) of section 153 of title 23, United States Code, the
Secretary shall reserve 3 percent of the funds to be apportioned to the
State for the succeeding fiscal year, under each of subsections (b)(1),
(b)(2), and (b)(3) of section 104 of such title, if the Secretary has
not certified, in accordance with subsection (a) of this section, that
the State has achieved the applicable safety belt use rate.
(d) Effect on Noncertification.--If, at the end of the fiscal year
in which the funds are reserved under subsection (c), the Secretary has
not certified, in accordance with subsection (a), that the State of New
Hampshire or Maine achieved the applicable safety belt use rate, the
Secretary shall transfer the funds reserved from the State under
subsection (c) to the apportionment of the State under section 402 of
title 23, United States Code.
SEC. 356. ORANGE COUNTY, CALIFORNIA, TOLL ROADS.
(a) Modification of Agreement.--The Secretary shall enter into an
agreement modifying the agreement entered into pursuant to section 339
of the Department of Transportation and Related Agencies Appropriations
Act, 1993 (106 Stat. 1552) to conform such agreement to the provisions
of section 336 of the Department of Transportation and Related Agencies
Appropriations Act, 1995 (108 Stat. 2495).
(b) Limitation on Statutory Construction.--Nothing in this section
shall be construed to change the amount of the appropriation made by
section 339 of the Department of Transportation and Related Agencies
Appropriations Act, 1993 (106 Stat. 1552), and the line of credit
provided for shall not exceed an amount supported by such appropriation.
(c) Higher Interest Rate.--In implementing sections 336 and 339
referred to in subsection (a), the Secretary may enter into an agreement
requiring an interest rate that is higher than the rate specified in
such sections.
SEC. 357. COMPILATION OF TITLE 23, UNITED STATES CODE.
(a) <<NOTE: 23 USC note prec. 101.>> Legislative Proposal.--The
Secretary shall, by March 31, 1997, prepare and submit to Congress a
draft legislative proposal of necessary technical and conforming
amendments to title 23, United States Code, and related laws.
(b) <<NOTE: 23 USC note prec. 101.>> Conforming Repeal.--Section
1066 of the Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 2006) is repealed.
SEC. 358. SAFETY RESEARCH INITIATIVES.
(a) <<NOTE: 23 USC 401 note.>> Older Drivers and Other Special
Driver Groups.--
(1) Study.--The Secretary shall conduct a study of
technologies and practices to improve the driving performance of
older drivers and other special driver groups.
(2) Demonstration activities.--In conducting the study under
paragraph (1), the Secretary shall undertake demonstration
activities that incorporate and build upon gerontology research
related to the study of the normal aging process. The Secretary
shall initially implement such activities in those States that
have the highest population of aging citizens for whom driving a
motor vehicle is their primary mobility mode.
(3) Cooperative agreement.--The Secretary shall conduct the
study under paragraph (1) by entering into a cooperative
agreement with an institution that has demonstrated competencies
in gerontological research, population demographics, human
factors related to transportation, and advanced technology
applied to transportation.
(b) <<NOTE: 23 USC 401 note.>> Work Zone Safety.--In carrying out
the work zone safety program under section 1051 of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 401 note; 105
Stat. 2001), the Secretary shall utilize a variety of methods to
increase safety at highway construction sites, including each of the
following:
(1) Conducting conferences to explore new techniques and
stimulate dialogue for improving work zone safety.
(2) Establishing a national clearinghouse to assemble and
disseminate, by electronic and other means, information relating
to the improvement of work zone safety.
(3) Conducting a national promotional campaign in
cooperation with the States to provide timely, site-specific
information to motorists when construction workers are actually
present.
(4) Encouraging the use of enforceable speed limits in work
zones.
(5) Developing training programs for work site designers and
construction workers to promote safe work zone practices.
(6) Encouraging the use of unit price bid items in contracts
for traffic control devices and implementation of traffic
control plans.
(c) <<NOTE: 23 USC 401 note.>> Radio and Microwave Technology for
Motor Vehicle Safety Warning System.--
(1) Study.--The Secretary, in consultation with the Federal
Communications Commission and the National Telecommunications
and Information Administration, shall conduct a study to develop
and evaluate radio and microwave technology for a motor vehicle
safety warning system in furtherance of safety in all types of
motor vehicles.
(2) Equipment.--Equipment developed under the study shall be
directed toward, but not limited to, advance warning to
operators of all types of motor vehicles of--
(A) temporary obstructions in a highway;
(B) poor visibility and highway surface conditions
caused by adverse weather; and
(C) movement of emergency vehicles.
(3) Safety applications.--In conducting the study, the
Secretary shall determine whether the technology described in
this subsection has other appropriate safety applications.
(d) <<NOTE: 23 USC 408 note.>> Effectiveness of Drunk Driving
Laws.--The Secretary shall conduct a study to evaluate the effectiveness
on reducing drunk driving and appropriateness of laws enacted in the
States which allow a health care provider who treats an individual
involved in a vehicular accident to report the blood alcohol level, if
known, of such individual to the local law enforcement agency which has
jurisdiction over the accident site if the blood alcohol concentration
level exceeds the maximum level permitted under State law.
SEC. 359. MISCELLANEOUS STUDIES.
(a) <<NOTE: 23 USC 309 note.>> Pan American Highway.--
(1) Study.--The Secretary shall conduct a study on the
adequacy of and the need for improvements to the Pan American
Highway.
(2) Elements.--The study shall include, at a minimum, the
following elements:
(A) Findings on the benefits of constructing a
highway at Darien Gap, Panama and Colombia.
(B) Recommendations for a self-financing arrangement
for completion and maintenance of the Pan American
Highway.
(C) Recommendations for establishing a Pan American
highway authority to monitor financing, construction,
maintenance, and operations of the Pan American Highway.
(D) Findings on the benefits to trade and prosperity
of a more efficient Pan American Highway.
(E) Findings on the benefits to United States
industry resulting from the use of United States
technology and equipment in construction of improvements
to the Pan American Highway.
(F) Findings on environmental considerations,
including environmental considerations relating to
Darien Gap.
(3) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study.
(b) <<NOTE: 23 USC 109 note.>> Highway Signs for National Highway
System.--
(1) Study.--The Secretary shall conduct a study to determine
the cost, need, and efficacy of establishing a highway sign for
identifying routes on the National Highway System. In conducting
the study, the Secretary shall make a determination concerning
whether to identify National Highway System route numbers.
(2) Report.--Not later than March 1, 1997, the Secretary
shall transmit to Congress a report on the results of the study.
(c) <<NOTE: 23 USC 101 note.>> Compliance With Buy American Act.--
(1) Study.--The Secretary shall conduct a study on
compliance with the Buy American Act (41 U.S.C. 10a-10c) with
respect to contracts entered into using amounts made available
from the Highway Trust Fund.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the study.
(d) Magnetic Levitation.--
(1) Study.--The Secretary shall conduct a study evaluating
the near-term applications of magnetic levitation ground
transportation technology in the United States, with particular
emphasis in identifying projects which would warrant immediate
application of such technology. The study shall also evaluate
the use of innovative financial techniques for the construction
and operation of such projects.
(2) Elements.--The study shall be undertaken in consultation
with a committee of 8 persons chosen by the Secretary with
appropriate backgrounds in magnetic levitation transportation,
design and construction, public and private finance, and
infrastructure policy disciplines. The chairperson of the
committee shall be elected by the members.
(3) Report.--Not later than September 30, 1996, the
Secretary shall transmit to the President and Congress a report
on the results of the study.
TITLE IV--WOODROW WILSON <<NOTE: Woodrow Wilson Memorial Bridge
Authority Act of 1995. Maryland. Virginia. Washington, DC.>> MEMORIAL
BRIDGE
SEC. 401. SHORT TITLE.
This title may be cited as the ``Woodrow Wilson Memorial Bridge
Authority Act of 1995''.
SEC. 402. FINDINGS.
Congress finds that--
(1) traffic congestion imposes serious economic burdens on
the metropolitan Washington, D.C., area, costing each commuter
an estimated $1,000 per year;
(2) the volume of traffic in the metropolitan Washington,
D.C., area is expected to increase by more than 70 percent
between 1990 and 2020;
(3) the deterioration of the Woodrow Wilson Memorial Bridge
and the growing population of the metropolitan Washington, D.C.,
area contribute significantly to traffic congestion;
(4) the Bridge serves as a vital link in the Interstate
System and in the Northeast corridor;
(5) identifying alternative methods for maintaining this
vital link of the Interstate System is critical to addressing
the traffic congestion of the area;
(6) the Bridge is--
(A) the only drawbridge in the metropolitan
Washington, D.C., area on the Interstate System;
(B) the only segment of the Capital Beltway with
only 6 lanes; and
(C) the only segment of the Capital Beltway with a
remaining expected life of less than 10 years;
(7) the Bridge is the only part of the Interstate System
owned by the Federal Government;
(8)(A) the Bridge was constructed by the Federal Government;
(B) prior to the date of the enactment of this Act, the
Federal Government has contributed 100 percent of the cost of
building and rehabilitating the Bridge; and
(C) the Federal Government has a continuing responsibility
to fund future costs associated with the upgrading of the
Interstate Route 95 crossing, including the rehabilitation and
reconstruction of the Bridge;
(9) the Woodrow Wilson Memorial Bridge Coordination
Committee is undertaking planning studies pertaining to the
Bridge, consistent with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other applicable Federal laws;
(10) the transfer of ownership of the Bridge to a regional
entity under the terms and conditions described in this title
would foster regional transportation planning efforts to
identify solutions to the growing problem of traffic congestion
on and around the Bridge;
(11) any material change to the Bridge must take into
account the interests of nearby communities, the commuting
public, Federal, State, and local government organizations, and
other affected groups; and
(12) a commission of congressional, State, and local
officials and transportation representatives has recommended to
the Secretary that the Bridge be transferred to an independent
authority to be established by the Capital Region jurisdictions.
SEC. 403. PURPOSES.
The purposes of this title are--
(1) to grant consent to the Commonwealth of Virginia, the
State of Maryland, and the District of Columbia to establish by
interstate agreement or compact the Woodrow Wilson Memorial
Bridge Authority;
(2) to authorize the transfer of ownership of the Woodrow
Wilson Memorial Bridge to the Authority for the purposes of
owning, constructing, maintaining, and operating a bridge or
tunnel or a bridge and tunnel project across the Potomac River;
and
(3) to direct the Secretary to continue working with the
parties that comprise the Woodrow Wilson Memorial Bridge
Coordination Committee to complete all planning, preliminary
engineering and design, environmental studies and documentation,
and final engineering, and to submit a proposed agreement to
Congress by October 1, 1996, that specifies the selected
alternative, implementation schedule, and costs of the Project
and the Federal share of the costs of the activities to be
carried out as part of the Project.
SEC. 404. DEFINITIONS.
In this title, the following definitions apply:
(1) Authority.--The term ``Authority'' means the Woodrow
Wilson Memorial Bridge Authority established under section 405.
(2) Board.--The term ``Board'' means the board of directors
of the Authority established under section 406.
(3) Bridge.--The term ``Bridge'' means the Woodrow Wilson
Memorial Bridge across the Potomac River, including approaches
thereto.
(4) Capital region jurisdiction.--The term ``Capital Region
jurisdiction'' means--
(A) the Commonwealth of Virginia;
(B) the State of Maryland; and
(C) the District of Columbia.
(5) Project.--The term ``Project'' means the upgrading of
the Interstate Route 95 Potomac River crossing, consistent with
the selected alternative to be determined under section 407.
Such term shall include ongoing short-term rehabilitation and
repairs to the Bridge and may include 1 or more of the
following:
(A) Construction of a new bridge or bridges in the
vicinity of the Bridge.
(B) Construction of a tunnel in the vicinity of the
Bridge.
(C) Long-term rehabilitation or reconstruction of
the Bridge.
(D) Work necessary to provide rights-of-way for a
rail or bus transit facility or bus or high occupancy
vehicle lanes in connection with an activity described
in subparagraph (A), (B), or (C).
(E) Work on Interstate Route 95 approaching the
Bridge and other approach roadways if necessitated by an
activity described in subparagraph (A), (B), or (C).
(F) Construction or acquisition of any building,
improvement, addition, extension, replacement,
appurtenance, land, interest in land, water right, air
right, machinery, equipment, furnishing, landscaping,
easement, utility, approach, roadway, or other facility
that is necessary or desirable in connection with or
incidental to a facility described in subparagraph (A),
(B), or (C).
(6) Signatory.--The term ``Signatory'' means any political
jurisdiction that enters into the interstate agreement or
compact that establishes the Authority.
(7) Woodrow wilson memorial bridge coordination committee.--
The term ``Woodrow Wilson Memorial Bridge Coordination
Committee'' means the Woodrow Wilson Memorial Bridge
Coordination Committee established and chaired by the Federal
Highway Administration and comprised of representatives of
Federal, State, and local governments.
SEC. 405. ESTABLISHMENT OF AUTHORITY.
(a) Consent to Interstate Agreement.--Congress grants consent to the
Capital Region jurisdictions to enter into an interstate agreement or
compact to establish the Authority and to designate the governance,
powers, and duties of the Authority. The Authority shall be a non-
Federal entity designated by the interstate agreement or compact.
(b) Establishment of Authority.--
(1) In general.--Upon execution of the interstate agreement
or compact described in subsection (a) and an agreement between
the Secretary and the Signatories as to the Federal share of the
cost of the Project and the terms and conditions related to the
timing of the transfer of the Bridge to the Authority as
provided in section 407(c), the Authority shall be considered to
be established for purposes of subsection (c).
(2) General powers.--The Authority shall be a body corporate
and politic, and an instrumentality of each of the Capital
Region jurisdictions, having the powers and jurisdiction
described in this title and such additional powers as are
conferred on the Authority by the Capital Region jurisdictions,
to the extent that the additional powers are consistent with
this title.
(c) Purposes of Authority.--The Authority shall be established--
(1) to assume ownership of the Bridge; and
(2) to undertake the Project.
SEC. 406. GOVERNMENT OF AUTHORITY.
(a) In General.--The Authority shall be governed in accordance with
this section and with the terms of any interstate agreement or compact
relating to the Authority that is consistent with this title.
(b) Board.--The Authority shall be governed by a board of directors
consisting of not more than 12 members appointed by the Capital Region
jurisdictions and 1 member appointed by the Secretary.
(c) Qualifications.--At least 2 members of the Board shall be
elected officials each of whom represents a political subdivision that
has jurisdiction over the area at an end of the Project crossing.
(d) Failure To Appoint.--The failure of a Capital Region
jurisdiction to appoint 1 or more members of the Board shall not impair
the establishment of the Authority if the condition of the establishment
described in section 405(b)(1) has been met.
(e) Personal Liability of Members.--A member of the Board, including
any nonvoting member, shall not be personally liable for--
(1) any action taken in his or her capacity as a member of
the Board; or
(2) any note, bond, or other financial obligation of the
Authority.
(f) Residency Requirement.--Each member of the Board shall reside
within a Capital Region jurisdiction.
SEC. 407. OWNERSHIP OF BRIDGE.
(a) Conveyance by Secretary.--
(1) In general.--After execution of the agreement under
subsection (c), the Secretary shall convey to the Authority all
right, title, and interest of the United States in and to the
Bridge, including such related riparian rights and interests in
land underneath the Potomac River as are necessary to carry out
the Project. Except as provided in paragraph (2), upon
conveyance by the Secretary, the Authority shall accept the
right, title, and interest in and to the Bridge and all duties
and responsibilities associated with the Bridge.
(2) Interim responsibilities.--Until such time as the
Project is constructed and operational, the conveyance under
paragraph (1) shall not--
(A) relieve the Capital Region jurisdictions of the
sole and exclusive responsibility to maintain and
operate the Bridge; or
(B) relieve the Secretary of the responsibility to
rehabilitate the Bridge or to comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and all other requirements applicable with respect
to the Bridge.
(b) Transfers of Jurisdiction.--For the purpose of making the
conveyance under subsection (a), the Secretary of the Interior and the
head of any other Federal department or agency that has jurisdiction
over land under or adjacent to the Bridge shall transfer such
jurisdiction to the Secretary.
(c) Agreement.--
(1) In general.--The agreement referred to in subsection (a)
is an agreement concerning the Project that is executed in
accordance with this subsection.
(2) Submission to congress.--Not later than October 1, 1996,
the Secretary shall submit to Congress a proposed agreement
between the Secretary and the Signatories that specifies--
(A) the selected alternative, implementation
schedule, and costs of the Project;
(B) the Federal share of the costs of the activities
to be carried out as part of the Project, including, at
a minimum, a 100 percent Federal share of--
(i) the cost of the continuing rehabilitation
of the Bridge until such time as the Project is
constructed and operational;
(ii) an amount, as determined by the Woodrow
Wilson Memorial Bridge Coordination Committee,
equivalent to the cost of replacing the Bridge
with a comparable modern bridge designed according
to current engineering standards; and
(iii) the cost of planning, preliminary
engineering and design, environmental studies and
documentation, and final engineering for the
Project; and
(C) the Federal share of the cost of activities to
be carried out as part of the project after September
30, 1997, will be reduced by amounts expended by the
United States for activities (other than environmental
studies and documentation) described in subparagraph
(B)(iii) in fiscal years 1996 and 1997.
(3) Approval and execution of agreement.--After the
enactment of a Federal law approving an agreement described in
paragraph (2), the Secretary may execute the agreement.
SEC. 408. PROJECT PLANNING.
The Secretary shall work with the Woodrow Wilson Memorial Bridge
Coordination Committee, or with the Authority consistent with the
purpose of the Authority, to complete, at the earliest possible date,
planning, preliminary engineering and design, environmental studies and
documentation, and final engineering for the Project, consistent with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and other applicable Federal laws.
SEC. 409. ADDITIONAL POWERS AND RESPONSIBILITIES OF AUTHORITY.
In addition to the powers and responsibilities of the Authority
under the other provisions of this title and under any interstate
agreement or compact relating to the Authority that is consistent with
this title, the Authority shall have all powers necessary and
appropriate to carry out the duties of the Authority, including the
power--
(1) to adopt and amend any bylaw that is necessary for the
regulation of the affairs of the Authority and the conduct of
the business of the Authority;
(2) to adopt and amend any regulation that is necessary to
carry out the powers of the Authority;
(3) subject to section 407(a)(2), to plan, establish,
finance, operate, develop, construct, enlarge, maintain, equip,
or protect the facilities of the Project;
(4) to employ, in the discretion of the Authority, such
personnel and agents as may be necessary to carry out the
purposes of the Authority (including consulting engineers,
attorneys, accountants, construction and financial experts,
superintendents, and managers) and to fix the compensation and
benefits of the employees and agents, except that--
(A) an employee of the Authority shall not engage in
an activity described in section 7116(b)(7) of title 5,
United States Code, with respect to the Authority; and
(B) an employment agreement entered into by the
Authority shall contain an explicit prohibition against
an activity described in subparagraph (A) with respect
to the Authority by an employee covered by the
agreement;
(5) to acquire personal and real property (including land
lying under water and riparian rights), or any easement or other
interest in real property, by purchase, lease, gift, transfer,
or exchange;
(6) to exercise such powers of eminent domain in the Capital
Region jurisdictions as are conferred on the Authority by the
Signatories, in the exercise of the powers and the performance
of the duties of the Authority;
(7) to apply for and accept any property, material, service,
payment, appropriation, grant, gift, loan, advance, or other
fund that is transferred or made available to the Authority by
the Federal Government or by any other public or private entity
or individual;
(8) to borrow money on a short-term basis and issue notes of
the Authority for the borrowing payable on such terms and
conditions as the Board considers advisable, and to issue long-
term or short-term bonds in the discretion of the Authority for
any purpose consistent with this title, which notes and bonds--
(A) shall not constitute a debt of the United States
(or any political subdivision of the United States), or
a general obligation of a Capital Region jurisdiction
(or any political subdivision of a Capital Region
jurisdiction), unless consented to by the jurisdiction
or political subdivision; and
(B) may be secured solely by the general revenues of
the Authority, or solely by the income and revenues of
the Bridge or a new crossing of the Potomac River
constructed as part of the Project, or by other revenues
in the discretion of the Authority;
(9) to fix, revise, charge, and collect any reasonable toll
or other charge;
(10) to enter into any contract or agreement necessary or
appropriate to the performance of the duties of the Authority or
the proper operation of the Bridge or a new crossing of the
Potomac River constructed as part of the Project;
(11) to make any payment necessary to reimburse a local
political subdivision having jurisdiction over an area where the
Bridge or a new crossing of the Potomac River is situated for
any extraordinary law enforcement cost incurred by the
subdivision in connection with the Authority facility;
(12) to enter into partnerships or grant concessions between
the public and private sectors for the purpose of--
(A) financing, constructing, maintaining, improving,
or operating the Bridge or a new crossing of the Potomac
River constructed as part of the Project; or
(B) fostering development of a new transportation
technology;
(13) to obtain any necessary Federal authorization, permit,
or approval for the construction, repair, maintenance, or
operation of the Bridge or a new crossing of the Potomac River
constructed as part of the Project;
(14) to adopt an official seal and alter the seal, as the
Board considers appropriate;
(15) to appoint 1 or more advisory committees;
(16) to sue and be sued in the name of the Authority;
(17) to carry out or contract with other entities to carry
out such maintenance of traffic activities during construction
of the Project as is considered necessary by the Authority to
properly manage traffic and minimize congestion, such as public
information campaigns, improvements designed to encourage
appropriate use of alternative routes, use of high occupancy
vehicles and transit services, and deployment and operation of
intelligent transportation technologies; and
(18) to carry out any activity necessary or appropriate to
the exercise of the powers or performance of the duties of the
Authority under this title and under any interstate agreement or
compact relating to the Authority that is consistent with this
title, if the activity is coordinated and consistent with the
transportation planning process implemented by the metropolitan
planning organization for the Washington, District of Columbia,
metropolitan area under section 134 of title 23, United States
Code, and section 5303 of title 49, United States Code.
SEC. 410. FUNDING.
Section 104 of title 23, United States Code, as amended by section
337(f) of this Act, is amended by inserting before subsection (j), as
redesignated by such section 337(f), the following:
``(i) Woodrow Wilson Memorial Bridge.--
``(1) Expenditure.--From any available administrative funds
deducted under subsection (a), the Secretary shall obligate such
sums as are necessary for each of fiscal years 1996 and 1997 for
the rehabilitation of the Woodrow Wilson Memorial Bridge and for
environmental studies and documentation, planning, preliminary
engineering and design, and final engineering for a new crossing
of the Potomac River as part of the Project, as defined by
section 404 of the Woodrow Wilson Memorial Bridge Authority Act
of 1995.
``(2) Federal share.--The Federal share of the cost of any
project funded with amounts expended under paragraph (1) shall
be 100 percent.''.
SEC. 411. AVAILABILITY OF PRIOR AUTHORIZATIONS.
In addition to the funds made available under section 104(i) of
title 23, United States Code, any funds made available for the
rehabilitation of the Bridge under sections 1069(i) and 1103(b) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2009
and 2028) shall continue to be available after the conveyance under
section 407(a) of the Bridge, in accordance with the terms under which
the funds were made available under such sections 1069(i) and 1103(b).
Approved November 28, 1995.
LEGISLATIVE HISTORY--S. 440 (H.R. 2274):
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HOUSE REPORTS: Nos. 104-246 accompanying H.R. 2274 (Comm. on
Transportation and Infrastructure) and 104-345 (Comm. of Conference).
SENATE REPORTS: No. 104-86 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 141 (1995):
June 16, 19-22, considered and passed Senate.
Sept. 20, H.R. 2274 considered and passed House; S. 440,
amended, passed in lieu.
Nov. 17, Senate agreed to conference report.
Nov. 18, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):
Nov. 28, Presidential statement.
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