I 

108TH CONGRESS 

1ST SESSION H. R. 2864

To amend title 23, United States Code, to provide increased flexibility to 

donor States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 24, 2003

Mr. BURGESS introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL

To amend title 23, United States Code, to provide increased 

flexibility to donor States, and for other purposes.

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 ‘‘Reforming, Accel5 erating, and Protecting Interstate Design (RAPID) Act’’. 

6 SEC. 2. INNOVATIVE SURFACE TRANSPORTATION FINANC7 ING AND CONTRACTING METHODS. 

8 (a) DEFINITIONS.—Section 101 of title 23, United 

9 States Code, is amended—
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1 (1) by redesignating paragraphs (28) through 

2 (37) as paragraphs (30) through (39), respectively; 

3 (2) by redesignating paragraphs (5) through 

4 (27) as paragraphs (6) through (28), respectively; 

5 (3) by inserting after paragraph (4) the fol6 lowing: 

7 ‘‘(5) DONOR STATE.—The term ‘donor State’ 

8 means a State that receives in a fiscal year a per9 centage of total apportionments and allocations to 

10 all States from the Highway Account of the High11 way Trust Fund that is less than the percentage at12 tributable to highway users in that State of the total 

13 estimated tax payments into the Account by highway 

14 users in all States in the most recent fiscal year for 

15 which data is available.’’. 

16 (4) by inserting after paragraph (28) (as so re17 designated) the following: 

18 ‘‘(29) RECIPIENT STATE.—The term ‘recipient 

19 State’ means a State that receives in a fiscal year 

20 a percentage of total apportionments and allocations 

21 to all States from the Highway Account of the High22 way Trust fund that is equal to or greater than the 

23 percentage attributable to highway users in that 

24 State of the total estimated tax payments into the 
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1 Account by highway users in all States in the most 

2 recent fiscal year for which data is available.’’. 

3 (b) DESIGN-BUILD CONTRACTING PROCEDURES.—

4 Section 112(b)(3) of title 23, United States Code, is 

5 amended—

6 (1) in subparagraph (A)—

7 (A) by inserting after ‘‘subparagraph (C)’’ 

8 the following: ‘‘, or a multimodal transportation 

9 project described in subparagraph (E),’’; and 

10 (B) by inserting before the period at the 

11 end the following: ‘‘, including the acceptance of 

12 unsolicited proposals if permitted by applicable 

13 State and local law’’; 

14 (2) in subparagraph (D) by inserting after 

15 ‘‘contractor,’’ the following: ‘‘and that may authorize 

16 the contractor to prepare any environmental impact 

17 assessments and analyses required for a project,’’; 

18 and 

19 (3) by adding at the end the following: 

20 ‘‘(E) MULTIMODAL TRANSPORTATION

21 PROJECT.—A multimodal project referred to in 

22 subparagraph (A) and subsection (g) is a 

23 project under this chapter that—

24 ‘‘(i) is located within the boundaries 

25 of a donor State; 
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1 ‘‘(ii) is within a network of inter2 connected corridors; 

3 ‘‘(iii) is privately financed, in whole or 

4 in part; and 

5 ‘‘(iv) contains multiple transportation 

6 modes, including highway and rail and util7 ity corridors.’’. 

8 (c) ENVIRONMENTAL PROCEDURES.—Section 112(g) 

9 of title 23, United States Code, is amended—

10 (1) by inserting ‘‘and construction work’’ after 

11 ‘‘design work’’; 

12 (2) by striking ‘‘(g) SELECTION PROCESS.—’’ 

13 and inserting the following: 

14 ‘‘(g) ENVIRONMENTAL PROCEDURES.—

15 ‘‘(1) SELECTION PROCESS.—’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(2) SPECIAL RULE FOR DONOR STATES.—A 

18 donor State may authorize a consultant under a con19 tract for a multimodal transportation project de20 scribed in subsection (b)(3)(E) to prepare an envi21 ronmental impact assessment or analysis, including 

22 an environmental impact statement, relating to a 

23 segment of the project of less than independent util24 ity and without logical termini. The contract may 

25 provide for the simultaneous—
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1 ‘‘(A) design and construction of a segment 

2 for which the environmental assessment or 

3 analysis has been completed; and 

4 ‘‘(B) the environmental assessment or 

5 analysis of an adjoining segment of the 

6 project.’’. 

7 (d) WAIVER OF NON-FEDERAL SHARE.—Section 120 

8 of title 23, United States Code, is amended by adding at 

9 the end the following: 

10 ‘‘(m) INCREASED FEDERAL SHARE IN CERTAIN

11 STATES.—Notwithstanding any other provision of this 

12 title, the Federal share payable on account of any project 

13 or activity being carried out under this title within the 

14 boundaries of a donor State may amount to 100 percent 

15 of the cost of such project or activity.’’. 

16 (e) TOLLING OF INTERSTATE SYSTEM.—Section 

17 129(a)(1) of title 23, United States Code, is amended in 

18 each of subparagraphs (A) and (D) by inserting after 

19 ‘‘System’’ the following: ‘‘within the boundaries of a re20 cipient State’’. 

21 (f) USE OF TOLL REVENUES.—Section 129(a)(3) of 

22 title 23, United States Code, is amended by adding at the 

23 end the following: ‘‘This paragraph does not apply to a 

24 donor State.’’. 
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1 (g) APPLICABILITY OF TOLL RESTRICTIONS.—Sec2 tion 129 of title 23, United States Code, is further amend3 ed by adding at the end the following: 

4 ‘‘(d) REPAYMENT OF FEDERAL SHARE.—

5 ‘‘(1) IN GENERAL.—Notwithstanding any other 

6 provision of this title, the total amount of funds paid 

7 from the Highway Account of the Highway Trust 

8 Fund to a State for construction of a highway, 

9 bridge, or tunnel within the boundaries of that State 

10 may be repaid to the Secretary. 

11 ‘‘(2) DEPOSIT OF CREDIT.—The Secretary shall 

12 deposit amounts repaid by a State under this sub13 section into the Highway Account and credit such 

14 amount to the unobligated balance of Federal-aid 

15 highway funds available to the State for the same 

16 class of funds last apportioned or allocated to the 

17 State for construction of the highway, bridge, or 

18 tunnel. The amount so credited shall be in addition 

19 to all other funds then apportioned or allocated to 

20 the State during the fiscal year for which the credit 

21 is received and shall be available for expenditure by 

22 the State in accordance with the provisions of this 

23 title. 

24 ‘‘(3) DEREGULATION.—Upon the repayment 

25 under this subsection of all Federal-aid highway 
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1 funds expended by a State for construction of a 

2 highway, bridge, or tunnel, the highway, bridge, or 

3 tunnel—

4 ‘‘(A) shall be removed by the Secretary 

5 from all Federal-aid highway programs; 

6 ‘‘(B) shall not be subject to any other pro7 vision of this title, including any regulation 

8 issued to carry out this title; and 

9 ‘‘(C) may be operated and maintained by 

10 a public authority having jurisdiction over the 

11 highway, bridge, or tunnel under applicable 

12 State or local law.’’. 

13 (h) REGULATIONS.—

14 (1) IN GENERAL.—Not later than 1 year after 

15 the date of enactment of this Act, the Secretary of 

16 Transportation shall issue regulations to carry out 

17 the amendments made by this section. 

18 (2) CONTENTS.—The regulations, at a min19 imum, shall—

20 (A) identify the criteria to be used by the 

21 Secretary in approving a contract under which 

22 the contractor is responsible for preparing any 

23 environmental impact assessments and analyses 

24 required for a project, as well as the design and 

25 construction of the project; 
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1 (B) identify the criteria to be used by the 

2 Secretary in approving a contract that other3 wise includes work preliminary to the final de4 sign of a project that will be carried out under 

5 such section before compliance with section 102 

6 of the National Environmental Policy Act of 

7 1969 (42 U.S.C. 4332); and 

8 (C) establish procedures to be followed by 

9 a State transportation department or local 

10 transportation agency in the use of design-build 

11 contracting procedures allowed under applicable 

12 State or local law.

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