I 

108TH CONGRESS 

1ST SESSION H. R. 2382

To amend title 49, United States Code, relating to improving transportation 

in the national parks. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2003

Mr. RAHALL (for himself, Mr. HOLT, Mr. FROST, Mr. GEORGE MILLER of 

California, Mr. STARK, Ms. MCCOLLUM, Mr. MARKEY, Ms. JACKSON-LEE

of Texas, and Ms. BORDALLO) introduced the following bill; which was 

referred to the Committee on Transportation and Infrastructure, and in 

addition to the Committee on Resources, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To amend title 49, United States Code, relating to improving 

transportation in the national parks.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Transit in Parks Act’’. 

5 SEC. 2. ESTABLISHMENT OF TRANSIT IN PARKS PROGRAM. 

6 (a) IN GENERAL.—Chapter 53 of title 49, United 

7 States Code, is amended by inserting after section 5315 

8 the following: 
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1 ‘‘§ 5316. Transit in parks 

2 ‘‘(a) ESTABLISHMENT OF PROGRAM.—

3 ‘‘(1) IN GENERAL.—Not later than 90 days 

4 after the date of enactment of the Transit in Parks 

5 Act, the Secretary of the Interior and the Secretary 

6 of Transportation shall enter into a memorandum of 

7 understanding to establish a transit in parks pro8 gram in accordance with the provisions of this sec9 tion. 

10 ‘‘(2) PURPOSE.—The purpose of the program 

11 shall be to encourage and promote the development 

12 of transportation systems described in section 

13 5301(a) within units of the National Park System to 

14 improve visitor mobility and enjoyment, reduce pol15 lution and congestion, and enhance resource protec16 tion through the use of transit. 

17 ‘‘(b) ADMINISTRATION OF PROGRAM.—The program 

18 shall be administered by the Secretary of the Interior, in 

19 conjunction with the Secretary of Transportation. 

20 ‘‘(c) CONTENTS OF PROGRAM.—

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graph (2), the program shall provide for the fol23 lowing: 

24 ‘‘(A) Development of transportation plans 

25 and programs for units of the National Park 

26 System by the Secretary of the Interior instead 
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1 of a metropolitan planning organization in ac2 cordance with sections 5303(a) and 5303(b). 

3 ‘‘(B) Development of a long-range trans4 portation plan for such units by the Secretary 

5 of the Interior instead of a metropolitan plan6 ning organization in accordance with section 

7 5303(f). 

8 ‘‘(C) The making of contracts and grants 

9 by the Secretary of Transportation to the Sec10 retary of the Interior for planning, engineering, 

11 design, and evaluation of mass transportation 

12 projects in such units, and for technical studies, 

13 in accordance with section 5303(g). 

14 ‘‘(D) Development and updating of a 

15 transportation improvement program for such 

16 units, and the selection and carrying out of 

17 projects in such units, by the Secretary of the 

18 Interior instead of a metropolitan planning or19 ganization in accordance with section 5304; ex20 cept that any transportation improvement pro21 gram developed under section 204(a) of title 23 

22 for such unit shall be treated as meeting the re23 quirement of this subparagraph until the Sec24 retary of the Interior provides otherwise and 

25 the approval required by section 5304(a) shall 
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1 only be the approval of the Secretary of the In2 terior. 

3 ‘‘(E) The making of grants by the Sec4 retary of Transportation to the Secretary of the 

5 Interior for capital projects by financing the 

6 planning and improvement costs of equipment, 

7 facilities, and associated capital maintenance in 

8 mass transportation for such units in accord9 ance with subsections (a), (b), (c), and (d) of 

10 section 5307; except that the Secretary of the 

11 Interior shall serve as the designated recipient 

12 for the purposes of subsection (a)(2) of such 

13 section. 

14 ‘‘(F) The making of grants by the Sec15 retary of Transportation to the Secretary of the 

16 Interior for capital investment as described in 

17 subsection (a) of section 5309 in accordance 

18 with subsections (a), (d), and (e) of such sec19 tion, (other than subsections (e)(1)(C) and 

20 (e)(4), relating to local financial commitment). 

21 ‘‘(G) Projects for bicycle access in accord22 ance with the first sentence of section 5319. 

23 ‘‘(H) The making of contracts and grants 

24 by the Secretary of Transportation to the Sec-
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1 retary of the Interior for crime prevention and 

2 security in accordance with section 5321. 

3 ‘‘(I) The making of contracts and grants 

4 by the Secretary of Transportation to the Sec5 retary of the Interior for human resources pro6 grams in accordance with section 5322. 

7 ‘‘(J) Grants under the program may be 

8 used to pay the operating cost of equipment 

9 and facilities used in mass transportation for 

10 such units. 

11 ‘‘(K) Projects for which grants may be 

12 made under the program may include turnkey 

13 system projects under section 5326. 

14 ‘‘(L) Labor protection in accordance with 

15 section 5333. 

16 ‘‘(2) EXCEPTIONS.—The memorandum of un17 derstanding entered into under subsection (a) shall 

18 limit or modify the applicability of the provisions re19 ferred to in paragraph (1) to the program to the ex20 tent necessary to carry out the objectives of this sec21 tion and to be compatible with the laws and regula22 tions governing units of the National Park System. 

23 ‘‘(b) FEDERAL SHARE.—The Federal share of the 

24 cost of any project or activity carried out under this sec25 tion shall be 100 percent. 
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1 ‘‘(c) MASS TRANSPORTATION DEFINED.—In this sec2 tion and for purposes of the program carried out under 

3 this section, the term ‘mass transportation’ means trans4 portation by a conveyance that provides regular and con5 tinuing general or special transportation to the public, but 

6 does not include school bus or charter transportation. 

7 ‘‘(d) LIMITATION ON APPLICABILITY.—Except as 

8 otherwise provided in this section, the other provisions of 

9 this chapter (other than sections 5302 and 5338) shall 

10 not apply to this section and the program carried out 

11 under this section. 

12 ‘‘(e) SAVINGS CLAUSE.—Nothing in this section shall 

13 be construed as superseding, amending, modifying or re14 pealing any provision of law applicable to units of the Na15 tional Park System.’’. 

16 (b) CONFORMING AMENDMENTS.—The analysis for 

17 such chapter is amended by inserting after the item relat18 ing to section 5315 the following:

‘‘5316. Transit in parks.’’.

19 SEC. 3. FUNDING. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 5338 of title 49, United States Code, is amended by add22 ing at the end the following: 

23 ‘‘(j) TRANSIT IN PARKS.—There shall be available 

24 from the Mass Transit Account of the Highway Trust 
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1 Fund $90,000,000 for each of fiscal years 2004 through 

2 2010 to carry out section 5316.’’. 

3 (b) CONTRACT AUTHORITY.—Section 5338(g)(1) of 

4 such title is amended by striking ‘‘or (f)(2)(A)’’ and in5 serting ‘‘(f)(2)(A), or (j)’’. 

6 (c) PERIOD OF AVAILABILITY.—Section 5338(i) of 

7 such title is amended—

8 (1) by striking the 1st comma; and 

9 (2) by striking the 2nd comma and inserting 

10 ‘‘and subsection (j)’’.

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