I

103D CONGRESS

2D SESSION H. R. 4305

To amend title 23, United States Code, relating to establishment of the

National Transportation System.

IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 1994

Mr. BORSKI introduced the following bill; which was referred to the Committee

on Public Works and Transportation

A BILL

To amend title 23, United States Code, relating to

establishment of the National Transportation System.

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

3 SECTION 1. NATIONAL TRANSPORTATION SYSTEM.

4 Section 103 of title 23, United States Code, is

5 amended by adding the following:

6 ‘‘(j) NATIONAL TRANSPORTATION SYSTEM.—

7 ‘‘(1) PURPOSE.—The purpose of the National

8 Transportation System is to provide a unified and

9 interconnected system of transportation facilities

10 that will move people and goods efficiently to pro-
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1 mote mobility, economic productivity, congestion re2 lief, energy conservation, and air quality improve3 ment.

4 ‘‘(2) COMPONENTS.—The National Transpor5 tation System shall consist of the following:

6 ‘‘(A) Public transportation corridors and

7 systems.

8 ‘‘(B) Intercity public and private transpor9 tation corridors and systems.

10 ‘‘(C) Major bus corridors.

11 ‘‘(D) Major rail systems.

12 ‘‘(E) The National Highway System.

13 ‘‘(F) Airports.

14 ‘‘(G) Ports and inland waterways.

15 ‘‘(H) Passenger terminals.

16 ‘‘(I) Ferry systems.

17 ‘‘(J) Other major intermodal transpor18 tation facilities.

19 ‘‘(3) DESIGNATION.—

20 ‘‘(A) BY SECRETARY.—Not later than 2

21 years after the date of the enactment of this

22 subsection, the Secretary shall submit to Con23 gress the designation of the National Transpor24 tation System. The submitted designation shall

25 be the National Transportation System unless
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1 modified in accordance with this subsection or

2 by law.

3 ‘‘(B) BASIS.—The proposed system sub4 mitted by the Secretary shall be based on des5 ignations submitted to the Secretary by the

6 States and the metropolitan planning organiza7 tions under sections 134(g)(2) and 135(e) of

8 this title.

9 ‘‘(C) LIMITATIONS.—

10 ‘‘(i) NONATTAINMENT AREAS.—No

11 proposed new route or facility shall be in12 cluded on the National Transportation

13 System in any area that is in nonattain14 ment area for ozone or carbon monoxide

15 under the Clean Air Act until it has been

16 included in a metropolitan or State long17 range plan and transportation improve18 ment program that has been demonstrated

19 to be in conformity with a State implemen20 tation plan developed pursuant to the

21 Clean Air Act.

22 ‘‘(ii) NHS SEGMENT.—A segment of

23 the National Highway System shall not be

24 a part of the National Transportation Sys25 tem until it has been included in a metro-
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1 politan or State long-range plan and trans2 portation improvement program that has

3 been demonstrated to be in conformity

4 with a State implementation plan devel5 oped pursuant to the Clean Air Act.

6 ‘‘(D) MODIFICATION.—States or metropoli7 tan planning organizations may request the ad8 dition or deletion of National Transportation

9 System components. The Secretary shall make

10 such modifications at least once every 2 years

11 unless they are determined not to be in the

12 public interest or promote the goals of the Na13 tional Transportation System.

14 ‘‘(4) GRANTS.—The Secretary is authorized to

15 make grants to pay 80 percent of the costs of devel16 opment and implementation of processes and proce17 dures that facilitate the goals of the National Trans18 portation System, including operating agreements,

19 public-private partnerships, information technologies

20 such as traveler information systems, and intelligent

21 vehicle highway and transit systems.’’.

22 SEC. 2. METROPOLITAN PLANNING.

23 Section 134(g)(2)(A) of title 23, United States Code,

24 is amended—
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1 (1) by inserting after ‘‘transit,’’ the following:

2 ‘‘airport, port, inland waterway, railroad,’’; and

3 (2) by inserting after the first sentence the fol4 lowing: ‘‘Such transportation system shall serve as

5 the National Transportation System in that metro6 politan area, unless the Secretary determines that

7 designating all or any portion of such identified sys8 tem as a part of the National Transportation Sys9 tem would not be in the public interest or promote

10 the goals of the National Transportation System.’’.

11 SEC. 3. STATEWIDE PLANNING.

12 Section 135(e) of title 23, United States Code, is

13 amended by inserting after the first sentence the follow14 ing: ‘‘The plan shall, at a minimum, identify transpor15 tation facilities (including major roadways, transit, air16 port, port, inland waterway, railroad, and multimodal and

17 intermodal facilities) that should function as an integrated

18 State transportation system, giving emphasis to those fa19 cilities that serve important national and regional trans20 portation functions. Such transportation system shall

21 serve as the National Transportation System in that

22 State, unless the Secretary determines that designating all

23 or any portion of such identified system as a part of the

24 National Transportation System would not be in the pub-
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1 lic interest or promote the goals of the National Transpor2 tation System.’’.

3 SEC. 4. FUNDING FROM NHS APPORTIONMENTS.

4 Section 104(c) of title 23, United States Code, is

5 amended to read as follows:

6 ‘‘(c) SET-ASIDES AND TRANSFERABILITY OF NHS

7 APPORTIONMENTS.—

8 ‘‘(1) SET-ASIDE FOR GRANT PROGRAM.—On

9 October 1 of each fiscal year, the Secretary, after

10 making the deduction authorized by subsection (a)

11 of this section, shall set aside, for the purpose of

12 making grants under section 103(j)(4), not to exceed

13 1 percent of the remaining funds authorized to be

14 appropriated for expenditure upon the National

15 Highway System.

16 ‘‘(2) SET-ASIDE FOR CONNECTIONS TO NTS.—

17 ‘‘(A) GENERAL RULE.—Except if the Sec18 retary provides otherwise, each State shall set19 aside 10 percent of each apportionment made to

20 the State under section 104(b)(1) for the Na21 tional Highway System to provide intermodal

22 connections to the National Highway System or

23 connections between the National Highway Sys24 tem and other components of the National

25 Transportation System.
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1 ‘‘(B) NEW CAPACITY FOR SINGLE-OCCU2 PANT PASSENGER VEHICLES.—No funds set3 aside by a State pursuant to this paragraph

4 may be obligated for any project which adds

5 new capacity for single-occupant passenger ve6 hicles (other than for facilities which are part

7 of a system to reduce the use of such vehicles).

8 ‘‘(3) TRANSFERABILITY.—Subject to para9 graphs (4) and (5), a State may transfer not to ex10 ceed 50 percent of the State’s apportionment under

11 subsection (b)(1) to the apportionment of the State

12 under subsection (b)(3). A State may transfer not to

13 exceed 90 percent of the State’s apportionment

14 under subsection (b)(1) to the apportionment of the

15 State under subsection (b)(3) if the State requests

16 to make such transfer and the Secretary approves

17 such transfer as being in the public interest, after

18 providing notice and sufficient opportunity for public

19 comment.

20 ‘‘(4) DIVISION BETWEEN URBANIZED AREAS OF

21 OVER 50,000 POPULATION AND OTHER AREAS.—

22 ‘‘(A) GENERAL RULE.—Except as provided

23 in subparagraph (C), after the set-aside under

24 paragraph (2), at least 75 percent of the re25 maining 90 percent of the funds apportioned to
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1 a State under section 104(b)(1) for a fiscal year

2 shall be obligated—

3 ‘‘(i) in the urbanized areas of the

4 State with an urbanized area population of

5 more than 50,000 that are transportation

6 management areas designated under sec7 tion 134(i) of this title or areas that are in

8 nonattainment for ozone or carbon mon9 oxide under the Clean Air Act; and

10 ‘‘(ii) the other areas of the State;

11 in proportion to their relative share of the

12 State’s population. The remaining 25 percent

13 may be obligated in any area of the State.

14 ‘‘(B) SPECIAL RULE FOR RURAL AREAS.—

15 Of the amounts required to be obligated under

16 subparagraph (A)(ii), the State shall obligate in

17 areas of the State (other than urban areas with

18 a population greater than 5,000) an amount

19 which is not less than 110 percent of the funds

20 apportioned to the State for the Federal-aid

21 secondary system for fiscal year 1991.

22 ‘‘(C) NONAPPLICABILITY TO NONATTAIN23 MENT AREAS.—Subparagraph (A) shall not

24 apply to any State for which the entire geo25 graphic area of the State is in nonattainment
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1 for ozone or carbon monoxide under the Clean

2 Air Act.

3 ‘‘(D) LIMITATION ON EXPANDING CAPAC4 ITY.—No funds apportioned under section

5 104(b)(1) for the National Highway System

6 may be obligated for any project which expands

7 capacity by adding one or more new travel

8 lanes, other than auxiliary lanes or high occu9 pancy vehicle lanes, if any National Highway

10 System facility in that State is maintained in

11 poor condition as defined in the most recent re12 port to Congress under section 307(h) of this

13 title unless the Governor certifies that such ob14 ligation is in the public interest and the Sec15 retary approves.

16 ‘‘(5) ALLOCATION OF OBLIGATION AUTHOR17 ITY.—A State which is required to obligate in an ur18 banized area with an urbanized area population of

19 over 200,000 under paragraph (4) funds appor20 tioned to it under section 104(b)(1) shall allocate

21 during the 3-fiscal-year period 1995 through 1997

22 an amount of obligation authority distributed to the

23 State for Federal-aid highways and highway safety

24 construction for use in such area determined by mul25 tiplying—
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1 ‘‘(A) the aggregate amount of funds which

2 the State is required to obligate in such area

3 under paragraph (4) during such period; by

4 ‘‘(B) the ratio of the aggregate amount of

5 obligation authority distributed to the State for

6 Federal-aid highways and highway safety con7 struction during such period to the total sums

8 apportioned to the State for Federal-aid high9 ways and highway safety construction (exclud10 ing sums not subject to an obligation limita11 tion) during such period.’’.

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