I

103D CONGRESS

2D SESSION H. R. 4385

To amend title 23, United States Code, to designate the National Highway

System, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 11, 1994

Mr. RAHALL (for himself, Mr. MINETA, Mr. SHUSTER, and Mr. PETRI) introduced the following bill; which was referred to the Committee on Public

Works and Transportation

A BILL

To amend title 23, United States Code, to designate the

National Highway System, 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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘National Highway System Designation Act of 1994’’.

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Secretary defined.

TITLE I—NATIONAL HIGHWAY SYSTEM DESIGNATION AND

OTHER PROVISIONS

Sec. 101. National Highway System designation.

Sec. 102. Congestion mitigation and air quality improvement program.

Sec. 103. Quality improvement.
2

•HR 4385 IH

Sec. 104. Contracting for engineering and design services.

Sec. 105. Highway safety promotion program.

Sec. 106. Project eligibility.

Sec. 107. Wisconsin substitute project.

Sec. 108. Use of recycled paving material.

Sec. 109. Work zone safety.

Sec. 110. Corrected projects.

Sec. 111. Rescissions.

Sec. 112. Additional projects.

Sec. 113. Study of radio and microwave technology for commercial and other

motor vehicles.

Sec. 114. Foothill/Eastern Transportation Corridor Agency.

Sec. 115. Railway-highway crossings project.

Sec. 116. New River Parkway, West Virginia.

Sec. 117. National recreational trails.

Sec. 118. Designation of Coal Heritage Trail.

Sec. 119. Limitations on funding of operating assistance.

Sec. 120. Intercity bus transportation.

Sec. 121. Repeals of existing projects.

Sec. 122. Miscellaneous transit projects.

Sec. 123. Multiyear contract for metro rail project.

TITLE II—TECHNICAL CORRECTIONS TO ISTEA AND RELATED

LAWS

Sec. 201. Definitions.

Sec. 202. References to Dwight D. Eisenhower System of Interstate and Defense Highways.

Sec. 203. Federal-Aid Systems.

Sec. 204. Apportionment.

Sec. 205. Programs of projects.

Sec. 206. Advance acquisition of rights-of-way.

Sec. 207. Standards.

Sec. 208. Letting of contracts.

Sec. 209. Prevailing rate of wage.

Sec. 210. Construction.

Sec. 211. Advance construction.

Sec. 212. Maintenance.

Sec. 213. Certification acceptance.

Sec. 214. Availability of funds.

Sec. 215. Federal share.

Sec. 216. Payment to States for construction.

Sec. 217. Relocation of utility facilities.

Sec. 218. Advances to States.

Sec. 219. Emergency relief.

Sec. 220. Applicability of axle weight limitations.

Sec. 221. Toll roads.

Sec. 222. Rail-highway crossings.

Sec. 223. Surface transportation program.

Sec. 224. Metropolitan planning.

Sec. 225. Statewide planning.

Sec. 226. Control of junkyards.

Sec. 227. Nondiscrimination.

Sec. 228. Enforcement of requirements.

Sec. 229. Availability of rights-of-way.
3

•HR 4385 IH

Sec. 230. Highway bridge program.

Sec. 231. Great River Road.

Sec. 232. Hazard elimination program.

Sec. 233. Use of safety belts and motorcycle helmets.

Sec. 234. National maximum speed limit.

Sec. 235. Minimum allocation.

Sec. 236. National minimum drinking age.

Sec. 237. Revocation of drivers’ licenses of individuals convicted of drug offenses.

Sec. 238. Reimbursement for segments of Interstate System constructed without Federal assistance.

Sec. 239. Federal lands highway program.

Sec. 240. Bicycle transportation and pedestrian walkway.

Sec. 241. State Highway Department.

Sec. 242. Management systems.

Sec. 243. State planning and research.

Sec. 244. Appropriation for highway purposes of Federal lands.

Sec. 245. International highway transportation outreach program.

Sec. 246. Highway safety programs.

Sec. 247. National Highway Safety Advisory Committee.

Sec. 248. Alcohol-impaired driving countermeasures.

Sec. 249. Public transit facilities.

Sec. 250. High cost bridge project.

Sec. 251. Congestion relief project.

Sec. 252. High priority corridors on National Highway System.

Sec. 253. High priority corridor project.

Sec. 254. Rural access projects.

Sec. 255. Urban access and mobility projects.

Sec. 256. Innovative projects.

Sec. 257. Intermodal projects.

Sec. 258. Miscellaneous Intermodal Surface Transportation Efficiency Act

amendments.

Sec. 259. Disadvantaged business enterprise program.

Sec. 260. Amendments to Surface Transportation and Uniform Relocation Assistance Act of 1987.

Sec. 261. Freeway service patrols.

Sec. 262. Pan American Highway.

Sec. 263. Section 3 program amendments.

Sec. 264. Metropolitan planning.

Sec. 265. Formula grant program.

Sec. 266. Mass transit account block grants.

Sec. 267. Grants for research and training.

Sec. 268. General provisions.

Sec. 269. Period of availability and reapportionment of section 16 funds.

Sec. 270. Rural transit program.

Sec. 271. Nondiscrimination.

Sec. 272. Authorizations.

Sec. 273. Project management oversight.

Sec. 274. Planning and research program.

Sec. 275. Needs survey and transferability study.

Sec. 276. State responsibility for rail fixed guideway system.

Sec. 277. National Transit Institute.

Sec. 278. Increased Federal share.

Sec. 279. Performance reports on mass transit systems.

Sec. 280. Cross reference to Federal Transit Act.
4

•HR 4385 IH

Sec. 281. Participation in International Registration Plan and International

Fuel Tax Agreement.

Sec. 282. Intelligent vehicle-highway systems.

Sec. 283. Title 49, United States Code, amendments.

Sec. 284. Surface Transportation Assistance Act of 1982 amendments.

Sec. 285. Commercial Motor Vehicle Safety Act of 1986 amendments.

Sec. 286. Cleveland Harbor, Ohio.

Sec. 287. Other Intermodal Surface Transportation Efficiency Act technical

amendments.

1 SEC. 2. SECRETARY DEFINED.

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Transportation.

4 TITLE I—NATIONAL HIGHWAY

5 SYSTEM DESIGNATION AND

6 OTHER PROVISIONS

7 SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNATION.

8 (a) DESIGNATION; MODIFICATIONS.—Section 103 of

9 title 23, United States Code, is amended by inserting after

10 subsection (b) the following:

11 ‘‘(c) INITIAL DESIGNATION OF NHS.—The National

12 Highway System as submitted by the Secretary of Trans13 portation on the map entitled ‘Official Submission, Na14 tional Highway System, Federal Highway Administra15 tion’, and dated May 10, 1994, is hereby designated within

16 the United States, including the District of Columbia and

17 the Commonwealth of Puerto Rico.

18 ‘‘(d) MODIFICATIONS TO THE NHS.—

19 ‘‘(1) PROPOSED MODIFICATIONS.—The Sec20 retary may submit for approval to the Committee on

21 Environment and Public Works of the Senate and
5

•HR 4385 IH

1 the Committee on Public Works and Transportation

2 of the House of Representatives proposed modifica3 tions to the National Highway System. The Sec4 retary may only propose a modification under this

5 subsection if the Secretary determines that such

6 modification meets the criteria and requirements of

7 subsection (b). Proposed modifications may include

8 new segments and deletion of existing segments of

9 the National Highway System.

10 ‘‘(2) APPROVAL OF CONGRESS REQUIRED.—A

11 modification to the National Highway System may

12 only take effect if a law has been enacted approving

13 such modification.

14 ‘‘(3) REQUIRED SUBMISSION.—Not later than 2

15 years after the date of the enactment of the Na16 tional Highway System Designation Act of 1994, the

17 Secretary shall submit under paragraph (1) pro18 posed modifications to the National Highway Sys19 tem. Such modifications shall include a list and de20 scription of additions to the National Highway Sys21 tem consisting of—

22 ‘‘(A) connections to major ports, airports,

23 international border crossings, public transpor24 tation and transit facilities, interstate bus ter-
6

•HR 4385 IH

1 minals, rail and other intermodal transportation

2 facilities; and

3 ‘‘(B) any Congressional High Priority Cor4 ridor established by section 1105 of the Inter5 modal Surface Transportation Efficiency Act of

6 1991 (105 Stat. 2031) which was not identified

7 on the National Highway System designated by

8 subsection (c), subject to the completion of fea9 sibility studies.’’.

10 (b) PROPOSED NTS.—Not later than 2 years after

11 the date of the enactment of this Act, the Secretary shall

12 submit to Congress a proposal for a comprehensive Na13 tional Transportation System using the National Highway

14 System as the backbone for establishing the National

15 Transportation System.

16 SEC. 102. CONGESTION MITIGATION AND AIR QUALITY IM17 PROVEMENT PROGRAM.

18 (a) APPORTIONMENT FORMULA.—Section 104(b)(2)

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

20 (1) by inserting ‘‘in fiscal year 1994’’ after

21 ‘‘State’’ each place it appears;

22 (2) by inserting ‘‘in fiscal year 1994’’ after

23 ‘‘States’’ the first place it appears;

24 (3) in subparagraph (A) by inserting ‘‘in fiscal

25 year 1994’’ after ‘‘Act’’;
7

•HR 4385 IH

1 (4) in subparagraph (B) by inserting ‘‘in fiscal

2 year 1994’’ after ‘‘subpart’’;

3 (5) in subparagraph (C) by inserting ‘‘in fiscal

4 year 1994’’ after ‘‘subpart’’;

5 (6) in subparagraph (D) by inserting ‘‘in fiscal

6 year 1994’’ after ‘‘subpart’’;

7 (7) in subparagraph (E) by inserting ‘‘in fiscal

8 year 1994’’ after ‘‘subpart’’;

9 (8) by inserting ‘‘in fiscal year 1994’’ after

10 ‘‘carbon monoxide’’; and

11 (9) by inserting ‘‘in fiscal year 1994’’ after

12 ‘‘relative populations’’.

13 (b) ELIGIBLE PROJECTS.—Section 149(b) of such

14 title is amended by inserting before ‘‘of a national ambi15 ent’’ each place it appears ‘‘or maintenance’’.

16 (c) STATES WITHOUT A NONATTAINMENT AREA.—

17 Section 149(c) of such title is amended by inserting ‘‘in

18 fiscal year 1994’’ after ‘‘Act’’.

19 SEC. 103. QUALITY IMPROVEMENT.

20 (a) LIFE-CYCLE COST ANALYSIS.—Section 106 of

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

22 end the following:

23 ‘‘(e) LIFE-CYCLE COST ANALYSIS.—

24 ‘‘(1) ESTABLISHMENT.—The Secretary shall es25 tablish a program to require States to conduct an
8

•HR 4385 IH

1 analysis of the life-cycle costs of all projects on the

2 National Highway System.

3 ‘‘(2) ANALYSIS OF LIFE-CYCLE COSTS DE4 FINED.—In this subsection, the term ‘analysis of

5 life-cycle costs’ means a process for evaluating the

6 total economic worth of one or more projects by ana7 lyzing both initial costs as well as discounted future

8 costs, such as maintenance, reconstruction, rehabili9 tation, restoring, and resurfacing costs, over the life

10 of the project or projects.’’.

11 (b) VALUE ENGINEERING.—Section 106 of such title

12 is amended by adding at the end the following:

13 ‘‘(e) VALUE ENGINEERING FOR NHS.—

14 ‘‘(1) REQUIREMENT.—The Secretary shall es15 tablish a program to require States to carry out a

16 value engineering analysis for all projects on the Na17 tional Highway System.

18 ‘‘(2) VALUE ENGINEERING DEFINED.—For pur19 poses of this subsection, the term ‘value engineering

20 analysis’ means a systematic process of review and

21 analysis of a project or activity during its design

22 phase by a multidisciplined team of persons not

23 originally involved in the project or activity in order

24 to provide suggestions for reducing the total cost of

25 the project or activity and providing a project or ac-
9

•HR 4385 IH

1 tivity of equal or better quality. Such suggestions

2 may include a combination or elimination of ineffi3 cient or expensive parts of the original proposed de4 sign for the project or activity and total redesign of

5 the proposed project or activity using different tech6 nologies, materials, or methods so as to accomplish

7 the original purpose of the project or activity.’’.

8 (c) WARRANTIES.—Section 112 of such title is

9 amended—

10 (1) by redesignating subsection (f) as sub11 section (g); and

12 (2) by inserting after subsection (e) the follow13 ing:

14 ‘‘(f) WARRANTIES.—Each contract relating to con15 struction of a Federal-aid highway entered into after the

16 date of the enactment of this subsection shall contain a

17 provision that requires the contractor to guarantee and

18 warrant that the contractor will perform the contractor’s

19 obligations under the contract in accordance with require20 ments for Federal-aid highway projects under applicable

21 contract law.’’.
10

•HR 4385 IH

1 SEC. 104. CONTRACTING FOR ENGINEERING AND DESIGN

2 SERVICES.

3 (a) PERMANENT PROGRAM.—Section 112(b)(2) of

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

5 end the following new subparagraphs:

6 ‘‘(C) PERFORMANCE AND AUDITS.—Any

7 contract or subcontract awarded in accordance

8 with subparagraph (A), whether funded in

9 whole or in part with Federal-aid highway

10 funds, shall be performed and audited in com11 pliance with cost principles contained in the

12 Federal acquisition regulations of part 31 of

13 title 48 of the Code of Federal Regulations.

14 ‘‘(D) INDIRECT COST RATES.—Instead of

15 performing its own audits, a recipient of funds

16 under a contract or subcontract awarded in ac17 cordance with subparagraph (A) shall accept in18 direct cost rates established in accordance with

19 the Federal acquisition regulations for 1-year

20 applicable accounting periods by a cognizant

21 government agency or independent certified

22 public accountant if such rates are not cur23 rently under dispute. Once a firm’s indirect cost

24 rates are accepted, the recipient of such funds

25 shall apply such rates for the purposes of con26 tract estimation, negotiation, administration,
11

•HR 4385 IH

1 reporting, and contract payment and shall not

2 be limited by administrative or de facto ceilings

3 in accordance with section 15.901(c) of such

4 title 48. A recipient of such funds requesting or

5 using the cost and rate data described in this

6 subparagraph shall notify any affected firm be7 fore such request or use. Such data shall be

8 confidential and shall not be accessible or pro9 vided, in whole or in part, to any other firm or

10 to any government agency which is not part of

11 the group of agencies sharing cost data under

12 this subparagraph, except by written permission

13 of the audited firm. If prohibited by law, such

14 cost and rate data shall not be disclosed under

15 any circumstances.

16 ‘‘(E) STATE OPTION.—Subparagraphs (C)

17 and (D) shall take effect 2 years after the date

18 of the enactment of this subparagraph with re19 spect to all States; except that if a State, dur20 ing such 2-year period, adopts by statute an al21 ternative process intended to promote engineer22 ing and design quality and ensure maximum

23 competition by professional companies of all

24 sizes providing engineering and design services,
12

•HR 4385 IH

1 such subparagraphs shall not apply with respect

2 to such State.’’.

3 (b) REPEAL OF PILOT PROGRAM.—Section 1092 of

4 the Intermodal Surface Transportation Efficiency Act of

5 1991 (23 U.S.C. 112 note; 105 Stat. 2024) is repealed.

6 SEC. 105. HIGHWAY SAFETY PROMOTION PROGRAM.

7 (a) IN GENERAL.—Chapter 3 of title 23, United

8 States Code, is amended by inserting after section 312 the

9 following new section:

10 ‘‘§ 313. Highway safety promotion program

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall carry

12 out education, research, development, and technology

13 transfer activities to promote the safe operation and main14 tenance of commercial motor vehicles in interstate com15 merce.

16 ‘‘(b) GRANTS.—To carry out the purposes of this sec17 tion, the Secretary shall make grants to, and enter into

18 cooperative agreements with—

19 ‘‘(1) a not-for-profit membership organization

20 that has been engaged exclusively in truck-related

21 research and education since 1985; and

22 ‘‘(2) not-for-profit organizations engaged in

23 commercial motor vehicle safety research.
13

•HR 4385 IH

1 ‘‘(c) FEDERAL SHARE.—The Federal share of the

2 costs of activities carried out under this section shall be

3 100 percent.

4 ‘‘(d) FUNDING.—Out of administrative funds de5 ducted under section 104(a) of this title for each of fiscal

6 years 1995 through 1997, the Secretary shall make avail7 able—

8 ‘‘(1) for making grants and entering into coop9 erative agreements under subsection (b)(1)

10 $1,000,000; and

11 ‘‘(2) for making grants and entering into coop12 erative agreements under subsection (b)(2)

13 $500,000.

14 Such funds shall remain available until expended.

15 ‘‘(e) CONTRACT AUTHORITY.—Notwithstanding any

16 other provision of law, approval by the Secretary of a

17 grant under this section shall be deemed a contractual ob18 ligation of the United States for payment of the Federal

19 share of the grant.

20 ‘‘(f) ANNUAL REPORT.—Annually, beginning on Jan21 uary 1, 1996, the Secretary shall transmit to Congress

22 a report which provides information on the progress and

23 activities of the programs conducted under this section.’’.
14

•HR 4385 IH

1 (b) CONFORMING AMENDMENT.—The analysis for

2 chapter 3 of such title is amended by inserting after the

3 item relating to section 312 the following:

‘‘313. Highway safety promotion program.’’.

4 SEC. 106. PROJECT ELIGIBILITY.

5 Section 108(b) of the Federal-Aid Highway Act of

6 1956 (23 U.S.C. 101 note) is amended—

7 (1) by striking ‘‘(1)’’ before ‘‘such cost may be

8 further’’; and

9 (2) by striking ‘‘, and (2) the amount of such

10 costs shall not include the portion of the project be11 tween High Street and Causeway Street’’.

12 SEC. 107. WISCONSIN SUBSTITUTE PROJECT.

13 (a) FEDERAL ASSISTANCE.—Subsection (b) of sec14 tion 1045 of the Intermodal Surface Transportation Effi15 ciency Act of 1991 (105 Stat. 1994) is amended to read

16 as follows:

17 ‘‘(b) ELIGIBILITY FOR FEDERAL ASSISTANCE.—

18 ‘‘(1) GENERAL RULE.—Upon approval of any

19 substitute project or projects under subsection (a)—

20 ‘‘(A) the costs of construction of the eligi21 ble transitway project for which such project or

22 projects are substituted shall not be eligible for

23 funds authorized under section 108(b) of the

24 Federal-Aid Highway Act of 1956; and
15

•HR 4385 IH

1 ‘‘(B) a sum equal to the amount that

2 would have been apportioned to the State of

3 Wisconsin on October 1, 1994, under section

4 104(b)(5)(A) of title 23, United States Code, if

5 the Secretary had not approved such project or

6 projects shall be available to the Secretary from

7 the Highway Trust Fund to incur obligations

8 for the Federal share of the costs of such sub9 stitute project or projects.

10 ‘‘(2) AVAILABILITY.—Amounts made available

11 under paragraph (1)(B) shall be available for obliga12 tion on and after October 1, 1994. Amounts made

13 available under paragraph (1)(B) shall remain avail14 able until expended and shall be subject to any limi15 tation on obligations for Federal-aid highways estab16 lished by law.

17 ‘‘(3) APPLICABILITY OF TITLE 23 U.S.C.—

18 Amounts made available under paragraph (1)(B)

19 shall be available for obligation in the same manner

20 as if such funds were apportioned under chapter 1

21 of title 23, United States Code; except that the Fed22 eral share of the cost of any project carried out with

23 such funds shall be determined in accordance with

24 section 103(e)(4)(D) of such title.’’.

25 (b) CONFORMING AMENDMENTS.—
16

•HR 4385 IH

1 (1) SUBSECTION (c).—The second sentence of

2 subsection (c) of section 1045 of such Act is amend3 ed by striking ‘‘the authority of section 103(e)(4) of

4 title 23, United States Code,’’ and inserting ‘‘section

5 21(a)(2) of the Federal Transit Act’’.

6 (2) SUBSECTION (d)(1).—Subsection (d)(1) of

7 section 1045 of such Act is amended by striking

8 ‘‘project for’’ and all that follows through the period

9 at the end thereof and inserting ‘‘transit project.’’.

10 (3) SUBSECTION (d).—Subsection (d) of section

11 1045 of such Act is amended by striking paragraph

12 (3) and by redesignating paragraph (4) as para13 graph (3).

14 (c) REDUCTION OF INTERSTATE CONSTRUCTION AU15 THORIZATION.—Section 108(b) of the Federal-Aid High16 way Act of 1956 is amended by striking ‘‘$1,800,000,000

17 for the fiscal year ending September 30, 1996’’ and insert18 ing ‘‘$1,800,000,000, reduced by the amount made avail19 able under section 1045(b)(1)(B) of the Intermodal Sur20 face Transportation Efficiency Act of 1991, for the fiscal

21 year ending September 30, 1996’’.

22 SEC. 108. USE OF RECYCLED PAVING MATERIAL.

23 (a) DOT GUIDANCE.—Section 1038(c)(1) of the

24 Intermodal Surface Transportation Efficiency Act of 1991

25 (23 U.S.C. 109 note) is amended by striking ‘‘an interest
17

•HR 4385 IH

1 in the use of such asphalt’’ and inserting the following:

2 ‘‘concern in fulfilling the minimum utilization require3 ments of subsection (d)(1). Such technology transfer ac4 tivities and training programs shall be initiated without

5 delay and shall include all eligible uses of recycled rubber,

6 alternative applications, and other materials and shall

7 focus on achieving the best performance results for all eli8 gible uses. Not later than 90 days after the date of the

9 enactment of this sentence, the Secretary shall transmit

10 to Congress a report detailing the plans to implement this

11 subsection.’’.

12 (b) STATE CERTIFICATION.—Section 1038(d)(1) of

13 such Act is amended—

14 (1) by striking ‘‘established by this section.’’

15 and inserting ‘‘, other materials, and alternative ap16 plications established by this section. Each State

17 shall also annually certify its progress in its waste

18 tire abatement program under paragraph (7).’’;

19 (2) by striking ‘‘1995’’ the first place it appears

20 and inserting ‘‘1996’’;

21 (3) in subparagraph (A) by striking ‘‘1994’’

22 and inserting ‘‘1995’’;

23 (4) in subparagraph (B) by striking ‘‘1995’’

24 and inserting ‘‘1996’’;
18

•HR 4385 IH

1 (5) in subparagraph (B) by inserting ‘‘and’’

2 after the semicolon at the end;

3 (6) in subparagraph (C), by striking ‘‘1996;

4 and’’ and inserting ‘‘1997.’’; and

5 (7) by striking subparagraph (D).

6 (c) OTHER MATERIALS.—Section 1038(d)(2) of such

7 Act is amended by inserting before the period at the end

8 the following: ‘‘; except that, of that amount, no more than

1 9 ⁄2 may be met with the use of asphalt containing re10 claimed asphalt in fiscal years 1996 and 1997’’.

11 (d) PENALTY.—Section 1038(d)(4) of such Act is

12 amended—

13 (1) by inserting before ‘‘The’’ the following:

14 ‘‘(A) WITHHOLDING.—’’;

15 (2) by indenting subparagraph (A), as des16 ignated by paragraph (1) of this subsection, and

17 moving such paragraph 2 ems to the right;

18 (3) by inserting before ‘‘utilization require19 ment’’ the following: ‘‘by which such State does not

20 satisfy the’’; and

21 (4) by adding at the end the following:

22 ‘‘(B) ESCROW ACCOUNT.—Apportionments

23 withheld from a State by the Secretary under

24 this subsection shall be placed in escrow for 2

25 years pending satisfaction of the minimum utili-
19

•HR 4385 IH

1 zation requirement of paragraph (1) and pend2 ing satisfaction of the requirement for which

3 the apportionments were originally withheld.

4 Pending satisfaction of such requirements, the

5 withheld apportionment shall be returned to the

6 State.

7 ‘‘(C) SUNSET PROVISION.—If a State

8 which has apportionments withheld under this

9 paragraph has not satisfied current minimum

10 utilization requirements of paragraph (1) within

11 2 years and has not fulfilled the previous re12 quirements for which such apportionments were

13 withheld, then the apportionments held in the

14 escrow account shall be returned to the High15 way Trust Fund.’’.

16 (e) INDIVIDUAL STATE REDUCTION.—Section

17 1038(d)(7) of such Act is amended—

18 (1) by striking ‘‘prior to disposal’’; and

19 (2) by adding at the end the following: ‘‘The

20 Secretary, in consultation with the Administrator,

21 shall exempt from the requirements of paragraph

22 (1), any State that has implemented a documented

23 waste tire abatement program if such program will

24 result in the elimination of tire stockpiles by 1997.’’.
20

•HR 4385 IH

1 (f) ALTERNATIVE APPLICATION.—Section 1038(d) of

2 such Act is further amended by adding at the end the fol3 lowing:

4 ‘‘(8) ALTERNATIVE APPLICATIONS.—

5 ‘‘(A) IN GENERAL.—A State may for any

year meet up to 1 6 ⁄2 of the minimum utilization

7 requirement established by paragraph (1) (ex8 cluding any deduction a State may take pursu9 ant to subsection (c)) by using an equivalent

10 amount of recycled rubber for alternative appli11 cations, other than making asphalt pavement,

12 if—

13 ‘‘(i) the State certifies that the alter14 native application does not present a

15 threat to safety, human health, or the envi16 ronment; and

17 ‘‘(ii) it is demonstrated that such al18 ternative applications provide equal or en19 hanced engineering benefits.

20 ‘‘(B) GUIDELINES.—The Secretary, in con21 sultation with the Administrator, shall issue

22 guidelines with respect to compliance with alter23 native applications under the conditions set

24 forth in clauses (i) and (ii).’’.
21

•HR 4385 IH

1 (g) DEFINITIONS.—Section 1038(e) of such Act is

2 amended—

3 (1) by striking ‘‘and’’ at the end of paragraph

4 (1);

5 (2) in paragraph (2) by inserting before

6 ‘‘taken’’ the following: ‘‘(other than tire buffings de7 fined as a byproduct of the retreading industry) or

8 any products produced from the processing of whole

9 scrap tires or tire materials’’.

10 (3) by striking the period at the end of para11 graph (2) and inserting a semicolon; and

12 (4) by adding at the end the following:

13 ‘‘(3) the term ‘alternative applications’ means

14 uses of recycled rubber in such civil engineering ap15 plications such as noise and safety barriers, other

16 safety hardware, fences, soil retaining walls, slope

17 stabilization measures, subgrade insulation, and

18 lightweight fill, where the product or material con19 taining recycled rubber provides a benefit to the

20 highway construction and is left in place as a result

21 of the highway construction; such term does not

22 apply to products or materials such as traffic cones

23 or vehicles which are used only temporarily in con24 struction of the highway;
22

•HR 4385 IH

1 ‘‘(4) the term ‘Administrator’ means the Ad2 ministrator of the Environmental Protection Agency;

3 and

4 ‘‘(5) the term ‘State’ has the meaning such

5 term has under section 101 of title 23, United

6 States Code.’’.

7 SEC. 109. WORK ZONE SAFETY.

8 Section 1051 of the Intermodal Surface Transpor9 tation Efficiency Act of 1991 (23 U.S.C. 401 note) is

10 amended—

11 (1) by inserting ‘‘technologies and services,’’

12 after ‘‘appurtenances,’’;

13 (2) by inserting ‘‘training,’’ after ‘‘traffic con14 trol plans,’’; and

15 (3) by adding at the end the following new sen16 tence: ‘‘The Secretary shall annually review, and

17 provide to State and local governments, information

18 and recommendations concerning safety practices

19 that can enhance safety at highway construction

20 sites, including information relating to new safety

21 technologies, services, traffic control plans, training,

22 and work zone-related bidding practices. The Sec23 retary is directed to develop within the program a

24 process for assuring that, for each project, there will

25 be a person trained and certified who will have the
23

•HR 4385 IH

1 responsibility and authority for assuring that the

2 provisions of the traffic control plan and other safety

3 aspects of the work zone are effectively adminis4 tered.’’.

5 SEC. 110. CORRECTED PROJECTS.

6 (a) IN GENERAL.—The purpose of this section is to

7 provide assistance for certain highway projects in order

8 to correct errors and omissions in the Intermodal Surface

9 Transportation Efficiency Act of 1991.

10 (b) AUTHORIZATION OF PROJECTS.—The Secretary

11 is authorized to carry out the projects described in this

12 subsection. There is authorized to be appropriated out of

13 the Highway Trust Fund (other than the Mass Transit

14 Account) for fiscal year 1995 to carry out each such

15 project the amount listed for each such project:

City/State Projects Amount in

millions

1. North Minnesota .......... Construction and reconstruction of Forest

Highway 11 connecting Aurora-Hoyt

Lakes and Silver Bay, MN .......................

8.5

2. Philadelphia, Pennsylvania ..................... Reconstruction of the Old Delaware Avenue

Service Road. 1.6

16 (c) FEDERAL SHARE.—The Federal share payable on

17 account of any project under this section shall be 80 per18 cent of the cost thereof.

19 (d) DELEGATION TO STATES.—Subject to the provi20 sions of title 23, United States Code, the Secretary shall
24

•HR 4385 IH

1 delegate responsibility for construction of a project or

2 projects under this section to the State in which such

3 project or projects are located upon request of such State.

4 (e) ADVANCE CONSTRUCTION.—When a State which

5 has been delegated responsibility for construction of a

6 project under this section—

7 (1) has obligated all funds allocated under this

8 section for construction of such project; and

9 (2) proceeds to construct such project without

10 the aid of Federal funds in accordance with all pro11 cedures and all requirements applicable to such

12 project, except insofar as such procedures and re13 quirements limit the State to the construction of

14 projects with the aid of Federal funds previously al15 located to it;

16 the Secretary, upon the approval of the application of a

17 State, shall pay to the State the Federal share of the cost

18 of construction of the project when additional funds are

19 allocated for such project under this section.

20 (f) APPLICABILITY OF TITLE 23.—Funds authorized

21 by this section shall be available for obligation in the same

22 manner as if such funds were apportioned under chapter

23 1 of title 23, United States Code, except that the Federal

24 share of the cost of any project under this section shall

25 be determined in accordance with this section and such
25

•HR 4385 IH

1 funds shall remain available until expended. Funds au2 thorized by this section shall not be subject to any obliga3 tion limitation.

4 SEC. 111. RESCISSIONS.

5 (a) RESCISSIONS.—The following unobligated bal6 ances on September 30, 1994, of funds made available for

7 the following provisions are hereby rescinded:

8 (1) $78,993.92 made available by section

9 131(c) of the Surface Transportation Assistance Act

10 of 1982.

11 (2) $26,500,000 made available by section

12 404(a)(2) of the Surface Transportation Assistance

13 Act of 1982.

14 (3) $1,500,000 made available by section

15 106(a)(1) of the Surface Transportation and Uni16 form Relocation Assistance Act of 1987.

17 (4) $942,249 made available for section

18 149(a)(66) of the Surface Transportation and Uni19 form Relocation Assistance Act of 1987.

20 (5) $376,194.94 made available for section

21 149(a)(111)(C) of the Surface Transportation and

22 Uniform Relocation Assistance Act of 1987.

23 (6) $36,979.05 made available for section

24 149(a)(111)(J) of the Surface Transportation and

25 Uniform Relocation Assistance Act of 1987.
26

•HR 4385 IH

1 (7) $34,281.53 made available for section

2 149(a)(111)(K) of the Surface Transportation and

3 Uniform Relocation Assistance Act of 1987.

4 (8) $258,131.85 made available for section

5 149(a)(111)(L) of the Surface Transportation and

6 Uniform Relocation Assistance Act of 1987.

7 (9) $446,768 made available for section

8 149(a)(92) of the Surface Transportation and Uni9 form Relocation Assistance Act of 1987.

10 (10) $2,058,323 made available for section

11 149(a)(94) of the Surface Transportation and Uni12 form Relocation Assistance Act of 1987.

13 (11) $52,834 made available for section

14 149(a)(95) of the Surface Transportation and Uni15 form Relocation Assistance Act of 1987.

16 (12) $427,340 made available for section

17 149(a)(99) of the Surface Transportation and Uni18 form Relocation Assistance Act of 1987.

19 (13) $3,559,837 made available for section

20 149(a)(35) of the Surface Transportation and Uni21 form Relocation Assistance Act of 1987.

22 (14) $797,800 made available for section

23 149(a)(100) of the Surface Transportation and Uni24 form Relocation Assistance Act of 1987.
27

•HR 4385 IH

1 (15) $55.43 made available by section 149(c)(3)

2 of the Surface Transportation and Uniform Reloca3 tion Assistance Act of 1987.

4 (16) $49,700,000 made available by section

5 1012(b)(6) of the Intermodal Surface Transpor6 tation Efficiency Act of 1991.

7 (17) $29,300,000 made available by section

8 1003(a)(7) of the Intermodal Surface Transpor9 tation Efficiency Act of 1991.

10 (18) $150,000,000 made available by section

11 1036(d)(1)(A) of the Intermodal Surface Transpor12 tation Efficiency Act of 1991.

13 (19) $1,500,000 made available by section

14 1036(d)(1)(B) of the Intermodal Surface Transpor15 tation Efficiency Act of 1991.

16 (20) $11,000,000 made available by section

17 21(a)(1) of the Federal Transit Act.

18 (b) REDUCTIONS IN AUTHORIZED AMOUNTS.—Sec19 tion 1036(d)(1)(A) of the Intermodal Surface Transpor20 tation Efficiency Act of 1991 (105 Stat. 1986) is amend21 ed—

22 (1) by striking ‘‘$100,000,000’’ the second

23 place it appears and inserting ‘‘$50,000,000’’; and

24 (2) by striking ‘‘$125,000,000’’ each place it

25 appears and inserting ‘‘$62,500,000’’.
28

•HR 4385 IH

1 SEC. 112. ADDITIONAL PROJECTS.

2 (a) AUTHORIZATION OF PROJECTS.—The Secretary

3 is authorized to carry out the projects described in this

4 subsection. There is authorized to be appropriated for fis5 cal years 1995, 1996, and 1997 to carry out each such

6 project the amounts listed for each such project:

State Project name

Authorization

in millions

from highway

trust fund

(other than

mass transit

account)

Authorization

in millions

from general

fund of the

Treasury

1. Alabama .................... Birmingham Northern Beltline ................................... 2.900

2. Alabama .................... Black Warrior River Bridge Study .............................. 0.100

3. Alabama .................... I–759 Extension .......................................................... 20.000

4. Alabama .................... AL182/I–10 Evacuation Connector Improvements ..... 4.000

5. Alabama .................... Patton Island Bridge Construction ............................. 9.000

6. Alabama .................... Montgomery Outer Loop Beltway ............................... 3.000

7. Arizona ...................... Gila River Crossing ...................................................... 6.000

8. Arizona ...................... US93 Upgrade: Kingman to Lake Mead .................... 4.000

9. Arizona ...................... Veterans Memorial Overpass ....................................... 5.000

10. Arkansas ................... US71 Upgrade: Alma to Louisiana Border ................ 3.000

11. Arkansas ................... US71 Upgrade: I–40 to Fayetteville ........................... 3.500 2.000

12. Arkansas ................... Lake Bull Shoals Bridge ............................................. 0.400

13. Arkansas ................... Van Buren Regional Intermodal Facility .................... 0.100

14. Arkansas ................... US63 Bypass Upgrade, Jonesboro .............................. 5.000

15. Arkansas ................... Conway Bypass Study and Design .............................. 3.000

16. California .................. CA 84/I–580 Interchange Construction ...................... 4.000

17. California .................. CA4 Freeway Expansion, Pittsburg ............................ 2.000

18. California .................. Galena St. Improvements/I–15 Interchange Construction.3.000

19. California .................. CA56 Extension: I–5 to I–15 ...................................... 3.000

20. California .................. Stocker Street/La Cienega Interchange ...................... 7.100

21. California .................. South Lake Tahoe Loop Road Reconfiguration .......... 2.000

22. California .................. Bristol Street Improvement Project ............................ 3.000

23. California .................. CA30 Extension/Gap Closure ...................................... 2.000 5.000

24. California .................. CA87 Corridor Construction ....................................... 7.000

25. California .................. CA113 Railroad Grade Separation .............................. 5.240

26. California .................. Third Feather River Bridge ........................................ 2.000

27. California .................. CA113A–5 Interchange and Improvements ................ 0.500

28. California .................. CA905 Congestion Mitigation ..................................... 4.000 5.000

29. California .................. Humboldt Bay Port Access Enhancement .................. 10.000

30. California .................. CA7 Improvements: CA98 to I–8 ................................ 2.000

31. California .................. Ontario Airport Ground Access ................................... 4.000

32. California .................. CA71 Planning and Design, Riverside County ........... 2.000

33. California .................. Highway Interchange, Brea ......................................... 0.950

34. California .................. CA41 Expansion .......................................................... 3.000

35. California .................. I–15 Widening: Victorville to Barstow ........................ 2.000 14.000

36. California .................. I–15 Access, George Air Force Base ........................... 1.000

37. California .................. Arden—Garden Connector .......................................... 6.000

38. California .................. CA126 Improvements: I–5 to McBean Parkway ........ 4.000

39. California .................. CA138–Ave. P–8 Improvements: CA14 to 50th St., E 2.000

40. California .................. CA4 Upgrade ............................................................... 19.000

41. California .................. Mare Island Access Study ........................................... 1.000

42. California .................. CA237/I–880 Interchange ........................................... 13.500

43. California .................. Eastern Transportation Corridor ................................ 10.000

44. California .................. I–205 Widening: I–580 to I–5 .................................... 3.000

45. California .................. I–710/Firestone Boulevard Interchange ...................... 5.800

46. California .................. CA58 Upgrade, Bakersfield ......................................... 2.000 2.500

47. California .................. CA178 Crosstown Corridor: CA178 to CA99 ............. 2.000 2.500

48. California .................. I–5 Capacity Enhancement ......................................... 9.400

49. California .................. Alameda Corridor ........................................................ 4.000 5.000

50. California .................. Arbor Vitae Street Expansion ..................................... 4.000
29

•HR 4385 IH

State Project name

Authorization

in millions

from highway

trust fund

(other than

mass transit

account)

Authorization

in millions

from general

fund of the

Treasury

51. California .................. Pacific Coast Highway Palisades Bluff Stabilization .. 5.000

52. California .................. US10—Sonoma County Congestion Relief ................. 4.000

53. California .................. US10—Marin County HOV Lanes ............................. 1.000

54. Colorado .................... Powers Boulevard Corridor ......................................... 2.000

55. Colorado .................... 120th Avenue Improvements ....................................... 5.500

56. Connecticut ............... Regional Transportation Center Improvements, Norwich.6.000

57. Connecticut ............... Hartford Riverfront Access ......................................... 3.000

58. Connecticut ............... Seaview Avenue Reconstruction .................................. 2.000

59. District of Columbia . Constitution Avenue Rehabilitation ............................. 3.000

60. District of Columbia . Independence Avenue Rehabilitation ........................... 0.590

61. District of Columbia . First Street Rehabilitation .......................................... 0.260

62. Florida ...................... Fuller-Warren Bridge .................................................. 2.000 19.000

63. Florida ...................... Jacksonville Airport Access Road ................................ 2.000

64. Florida ...................... Midpoint Bridge and Corridor ..................................... 2.000 5.000

65. Florida ...................... FL7/US441 Widening ................................................. 5.000

66. Florida ...................... I–4/Greeneway Interchange ......................................... 4.000 2.000

67. Florida ...................... US301/University Parkway Intersection Upgrade ...... 2.000

68. Florida ...................... Palm Beach Port Road Relocations ............................ 1.265 4.000

69. Florida ...................... Eller Drive/I–595 Improvements ................................. 1.600 1.000

70. Florida ...................... NE Dade Bike Path .................................................... 1.135

71. Georgia ...................... GA61 Connector with I–20 ......................................... 7.200

72. Georgia ...................... Appalachian Scenic Parkway ....................................... 4.000

73. Georgia ...................... GA92 Corridor Upgrade, Cherokee County ................ 1.700 20.000

74. Georgia ...................... GA9 Widening, Roswell ............................................... 8.300

75. Georgia ...................... Sidney-Lanier Bridge Reconstruction ......................... 4.000 6.000

76. Georgia ...................... University Center Pedestrian Corridor, Atlanta ......... 12.960

77. Illinois ....................... Sauget Road Extension ............................................... 3.100

78. Illinois ....................... West Boulevard Extension .......................................... 0.900

79. Illinois ....................... IL159 Relocation, Edwardsville .................................. 6.000

80. Illinois ....................... US67/IL267 Improvements ......................................... 4.000

81. Illinois ....................... Business Loop 55 Widening: I–55 to Clearwater Ave 5.000

82. Illinois ....................... Central Avenue Bypass, Chicago ................................. 15.000

83. Illinois ....................... US20 Improvements: East Dubuque to Galena .......... 2.000

84. Illinois ....................... Peoria-Chicago Highway ............................................. 3.000 2.000

85. Illinois ....................... Springfield Veterans Parkway ..................................... 2.000 2.000

86. Illinois ....................... Grand View Drive Improvements ................................ 3.000

87. Illinois ....................... Heartland Riverfront Project ...................................... 2.000

88. Illinois ....................... US67: Macomb to Jacksonville ................................... 1.000

89. Illinois ....................... Brush Creek Connector ............................................... 3.000

90. Illinois ....................... Richton Road Improvements, Crete, Illinois ............... 1.720

91. Illinois ....................... Steger Roadway Improvements, Steger, Illinois .......... 0.720

92. Illinois ....................... Polk Avenue Extension, Richton Park, Illinois ........... 0.336

93. Illinois ....................... Minooka Street Improvements, Minooka, Illinois ........ 0.334

94. Illinois ....................... Rathje Road Improvements, Peotone, Illinois ............. 0.320

95. Illinois ....................... Main Street Improvements, Ottawa, Illinois ............... 0.312

96. Illinois ....................... Otter Creek Road Improvements, Streator, Illinois .... 0.270

97. Indiana ...................... 96th Street Upgrade .................................................... 2.000 5.000

98. Indiana ...................... Hoosier Heartland Corridor: Ft. Wayne to Lafayette 3.000

99. Indiana ...................... I–265 Extension .......................................................... 10.000

100. Indiana ...................... US231 Reconstruction ................................................. 10.000

101. Indiana ...................... Evansville-Bloomington Corridor ................................. 5.000

102. Indiana ...................... Lafayette Rail Relocation ............................................ 5.000 20.000

103. Indiana ...................... City of Columbus ‘‘Front Door’’ ................................. 9.000

104. Indiana ...................... East Chicago Marine Access Road .............................. 4.834

105. Indiana ...................... Lake Shore Drive Extension Study ............................. 0.600

106. Iowa ........................... I–29 Corridor Improvements, Sioux City .................... 3.000

107. Iowa ........................... 1A330: Marshalltown to Des Moines .......................... 6.000

108. Iowa ........................... Burlington Iowa Southern Arterial Connector ............ 0.880

109. Iowa ........................... US 63: Bremer County to Minnesota Border ............. 3.000

110. Iowa ........................... 1A5 Relocation ............................................................ 10.000

111. Kentucky ................... US231 Relocation ........................................................ 5.000

112. Kentucky ................... US27 Improvements .................................................... 1.000 3.000

113. Kentucky ................... KY114 Widening: Sayleville to US23 ......................... 1.000 5.000

114. Louisiana .................. I–210/Nelson Access Road .......................................... 3.000

115. Louisiana .................. 17th Street Canal to Carrolton Overpass .................... 2.000 3.000

116. Maryland ................... MD5/MD373 Interchange ........................................... 10.000

117. Maryland ................... MD235 Improvements ................................................. 5.000
30

•HR 4385 IH

State Project name

Authorization

in millions

from highway

trust fund

(other than

mass transit

account)

Authorization

in millions

from general

fund of the

Treasury

118. Maryland ................... MD237 Improvements ................................................. 3.882

119. Maryland ................... Beltway Advanced Traffic Monitoring ........................ 3.000

120. Massachusetts ........... Lincoln Square, Southbridge Street Gateways ............ 2.400

121. Massachusetts ........... I–90/MA146 Reconstruction ....................................... 1.600

122. Massachusetts ........... Franklin County Bikeway ........................................... 2.250

123. Michigan .................... US23 Expansion .......................................................... 3.000

124. Michigan .................... Bay City Road Interchange ......................................... 3.000

125. Michigan .................... M–59 Corridor ............................................................. 20.000

126. Michigan .................... Highway Safety Improvements .................................... 20.000

127. Michigan .................... Ambassador Bridge Facilities ...................................... 10.000

128. Michigan .................... Monroe Rail Consolidation .......................................... 10.000

129. Michigan .................... Detroit Airport Access Road ....................................... 5.000

130. Michigan .................... US31 Improvements: Holland to Grand Haven .......... 1.200

131. Michigan .................... M–6: Grand Rapids South Beltline Construction ....... 6.800 4.000

132. Michigan .................... M–102/Grand River Interchange Redesign ................. 4.000

133. Michigan .................... McClellan Avenue ........................................................ 2.300

134. Michigan .................... US31 Upgrade, Berrien County .................................. 2.000 5.000

135. Minnesota .................. TH610—Crosstown Expressway ................................. 1.000 3.000

136. Minnesota .................. Trunk Highway 33 Improvements .............................. 9.680

137. Minnesota .................. 34th Street Corridor .................................................... 2.000

138. Minnesota .................. TH212 Construction ................................................... 3.000

139. Minnesota .................. 77th Street Improvements ........................................... 5.000 10.000

140. Minnesota .................. Wabasha Street Bridge Replacement .......................... 9.000 11.000

141. Mississippi ................. Norrell Road Interchange ............................................ 3.000

142. Missouri .................... Lindbergh Boulevard Relocation ................................. 5.000

143. Missouri .................... St. Joseph Loop Expressway ....................................... 8.300

144. Missouri .................... Chouteau Bridge Replacement .................................... 10.000

145. Missouri .................... Cape Girardeau Bridge Reconstruction ....................... 5.000 5.000

146. Missouri .................... MO21 Upgrade ............................................................ 14.400

147. Missouri .................... MO Highway M Relocation ......................................... 4.000

148. Missouri .................... I–255/MO231 Intersection .......................................... 1.600

149. Montana .................... MT323 Upgrade .......................................................... 5.000

150. Montana .................... Belgrade/I–90 Interchange .......................................... 2.110

151. Nebraska ................... Niobrara, NE/Springfield, SD Bridge ......................... 3.000

152. Nebraska ................... 27th Street and Highway 2 Pedestrain Bridge ........... 0.413

153. Nebraska ................... South and East Beltway Study, Lincoln ..................... 0.400

154. Nevada ...................... Spring Mountain I–15 Interchange ............................. 5.000

155. Nevada ...................... I–80/Sparks Road Pyramid Interchange ..................... 1.000 4.000

156. New Hampshire ........ Second Nashua River Crossing ................................... 3.000

157. New Hampshire ........ Manchester Airport Access Road Construction ........... 5.000

158. New Jersey ................ I–287 Improvements: I–78 to US22 ........................... 4.000

159. New Jersey ................ NJ21/McCarter Highway Improvements .................... 5.000

160. New Jersey ................ NJ17/NJ4 Interchange, Paramus ............................... 3.000

161. New Mexico ............... Santa Fe Relief Route ................................................. 5.000

162. New Mexico ............... US70/Las Cruces Frontage Road System .................. 3.000

163. New York .................. Utica-Rome Expressway .............................................. 5.000 5.000

164. New York .................. NY60 Reconstruction, Ellicott .................................... 3.000

165. New York .................. Quay Street Extension, Niagara Falls ........................ 2.240

166. New York .................. Delaware Street Reconstruction, Tonawanda ............. 2.100

167. New York .................. Williams Road Widening, Wheatfield .......................... 1.060

168. New York .................. Lockport Expressway Study, Erie and Niagara Counties.0.800

169. New York .................. Rochester-Brockport Access Study .............................. 0.800

170. New York .................. NY531 Extension Study: Ogden to Sweden ................ 0.400

171. New York .................. Jericho Turnpike Improvements: New York City to

Herricks Road.

4.000 2.000

172. New York .................. New York State Thruway Upgrade ............................. 5.000

173. New York .................. New York Intermodal Facilities Study ........................ 1.000

174. New York .................. NY277 Reconstruction, Cheektowaga ......................... 4.000

175. New York .................. Main Street Bascule Bridge ........................................ 2.000

176. New York .................. Bronx/North Manhattan IVHS ................................... 6.480

177. New York .................. Latta Road Improvements, Monroe County ................ 6.000

178. New York .................. Baldwinsville Bypass ................................................... 5.000

179. North Carolina .......... US220 Construction .................................................... 3.000

180. North Carolina .......... US17 Bridge Replacement .......................................... 5.000

181. North Carolina .......... Charlotte Beltway East Segment ................................ 2.000

182. North Carolina .......... US64 Improvements .................................................... 10.000

183. North Carolina .......... US74 Improvements .................................................... 10.000
31

•HR 4385 IH

State Project name

Authorization

in millions

from highway

trust fund

(other than

mass transit

account)

Authorization

in millions

from general

fund of the

Treasury

184. North Carolina .......... I–40: Asheville to I–81 ................................................ 1.000

185. North Carolina .......... Southern Charlotte Outer Loop .................................. 5.000

186. Ohio ........................... Lorain Central Corridor .............................................. 5.000

187. Ohio ........................... US23-Fostoria Bypass ................................................ 3.000

188. Ohio ........................... US22/US33—Lancaster Bypass ................................. 1.000 5.800

189. Ohio ........................... Boston Road Interchange ............................................ 2.000

190. Ohio ........................... Cleveland Gateway Project .......................................... 1.000

191. Ohio ........................... New Intermodal Terminal, Fearing Boulevard ........... 5.000

192. Ohio ........................... US30: OH235 to US68 ............................................... 4.000

193. Ohio ........................... Alum Creek Drive Improvements ................................ 2.000 4.000

194. Ohio ........................... US30 Widening: Wooster to Riceland ......................... 3.400 10.000

195. Ohio ........................... Mt. Vernon to I–71 Connector Study ......................... 1.600

196. Ohio ........................... OH43 Improvements ................................................... 3.920

197. Ohio ........................... Cuyahoga River Bridge, Cleveland .............................. 4.320

198. Ohio ........................... Cleveland Pedestrian Walkway .................................... 1.440

199. Ohio ........................... Pomeroy to Ravenswood Access Improvements .......... 8.900

200. Ohio ........................... Youngstown-Hubbard Expressway .............................. 10.000

201. Oklahoma .................. I–44 Widening: Arkansas Road to Yale Avenue ......... 5.000 5.000

202. Oregon ....................... Jordan Cove Road Safety Improvements .................... 0.529

203. Oregon ....................... Salem Bypass Improvements ....................................... 4.471

204. Oregon ....................... Columbia Slough Intermodal Projects ......................... 5.000

205. Pennsylvania ............. Philadelphia Traffic Signal Controllers ....................... 1.800

206. Pennsylvania ............. Philadelphia Bicycle Network ...................................... 0.472

207. Pennsylvania ............. Tioga Marine Terminal ............................................... 8.000

208. Pennsylvania ............. US15 Upgrade—Tioga County ................................... 5.952

209. Pennsylvania ............. US 219 Truck Route—Osterhout Street .................... 2.880

210. Pennsylvania ............. PA948 Improvements, Forest County ......................... 1.168

211. Pennsylvania ............. PA2001 Improvements, Pike County .......................... 4.800 0.300

212. Pennsylvania ............. PA14 Improvements, Bradford County ....................... 4.800

213. Pennsylvania ............. PA3011 Improvements, Scranton ............................... 3.500

214. Pennsylvania ............. PA1069 Widening, Athens .......................................... 0.200 1.400

215. Pennsylvania ............. US219 Improvements, Cambria County ..................... 10.000

216. Pennsylvania ............. US22—Section BO7 Reconstruction .......................... 8.000

217. Pennsylvania ............. PA56 Improvements: Johnstown to Cessna ................ 8.000

218. Pennsylvania ............. US219 Improvements: Carroltown to I–80 ................. 1.000 2.000

219. Rhode Island ............. Davisville Bridges ........................................................ 5.000

220. South Carolina .......... US17 Bridges .............................................................. 4.000

221. South Carolina .......... US301 Improvements .................................................. 1.515

222. South Dakota ............ Vermillion Bridge ........................................................ 4.600

223. Tennessee .................. Harding Place Extension ............................................. 5.000

224. Tennessee .................. Gay Street Bridge Rehabilitation ................................ 5.000 0.760

225. Tennessee .................. Foothills Parkway—Missing Link ............................... 9.240

226. Tennessee .................. Old Nashville Highway Bridge .................................... 4.000

227. Tennessee .................. Murfreesboro Bicycle System ...................................... 1.000

228. Tennessee .................. I–81 Interchange Construction ................................... 1.200

229. Tennessee .................. Memphis Outer Loop Beltway ..................................... 3.000

230. Texas ......................... Border Highway Extension ......................................... 10.000

231. Texas ......................... NASA Road 1 Upgrade ............................................... 4.500 15.000

232. Texas ......................... US59 Upgrade, Ft. Bend County ............................... 0.500

233. Texas ......................... US67 Widening ........................................................... 5.416

234. Texas ......................... Loop 12 Widening ....................................................... 2.200

235. Texas ......................... TX36 Improvements .................................................... 5.000

236. Texas ......................... Brownsville Navigation District Access ....................... 1.680

237. Texas ......................... Brownsville 6th & 7th Streets Improvements ............. 1.600

238. Utah .......................... US89 Upgrade ............................................................. 4.000

239. Utah .......................... I–15/University Avenue Interchange ........................... 3.000

240. Utah .......................... I–15 Corridor Improvements, Salt Lake County ........ 6.000

241. Utah .......................... 20th E. Highway Project ............................................ 6.000

242. Virgin Islands ........... Christiansted Bypass ................................................... 5.000

243. Virginia ..................... Coleman Bridge Expansion ......................................... 2.000

244. Virginia ..................... Coalfields Expressway ................................................. 5.000

245. Virginia ..................... VA123 Improvements, Northern Virginia ................... 10.000

246. Virginia ..................... Fairfax County Parkway/Franconia Parkway ............. 5.000

247. Virginia ..................... I–81 to I–40, ‘‘I–83,’’ Connector ................................ 5.000

248. Virginia ..................... Pinners Point Connector ............................................. 4.400

249. Virginia ..................... S. Battlefield Boulevard/VA168 .................................. 5.000

250. Virginia ..................... 14th Street Bridge Lane Addition .............................. 5.000 7.000

251. Washington ............... I–5/196th Street Interchange ...................................... 2.400
32

•HR 4385 IH

State Project name

Authorization

in millions

from highway

trust fund

(other than

mass transit

account)

Authorization

in millions

from general

fund of the

Treasury

252. Washington ............... WA305 Improvements ................................................. 0.672

253. Washington ............... Port Angeles Multi-Modal Center ................................ 6.400

254. Washington ............... WA18 Improvements: 312th Way to Maple Valley ..... 4.000 1.000

255. Washington ............... I–405/NE 8th Street Interchange ............................... 1.000

256. Washington ............... US12 Improvements .................................................... 9.000

257. Washington ............... US395 Improvements .................................................. 9.000

258. Washington ............... Chelan/Douglas Transportation Center ....................... 2.000

259. Washington ............... Mill Plain Extension .................................................... 5.000

260. West Virginia ............ Fairmont Riverside Expressway .................................. 10.000

261. West Virginia ............ New River Parkway ..................................................... 14.400

262. Wisconsin .................. Janesville River Street Realignment ........................... 3.454

263. Wisconsin .................. Main Street Bridge Replacement, Racine ................... 2.000

264. Wisconsin .................. CTH P Improvements ................................................. 0.480

265. Wisconsin .................. WI29 Upgrade ............................................................. 10.000

266. Wisconsin .................. Oshkosh Rail Relocation .............................................. 6.000

267. Wisconsin .................. US10 Upgrade: Anderson Road to CTH A ................ 4.000

268. Wisconsin .................. US41 Upgrade: Kaukauna to CTH F ........................ 1.000 3.000

1 (b) ALLOCATION PERCENTAGES FOR HTF FUNDS.—

2 65.86 percent of the amount allocated by subsection (a)

3 from the Highway Trust Fund for each project authorized

4 by subsection (a) shall be available for obligation in fiscal

5 year 1995. 17.07 percent of such amount shall be available

6 for obligation in each of fiscal years 1996 and 1997.

7 (c) APPROPRIATIONS CAP.—Of the amounts author8 ized to be appropriated from the general fund of the

9 Treasury by subsection (a), not more than $300,000,000

10 may be appropriated in any single fiscal year.

11 (d) FEDERAL SHARE.—The Federal share payable on

12 account of any project under this section shall be 80 per13 cent of the cost thereof.

14 (e) DELEGATION TO STATES.—Subject to the provi15 sions of title 23, United States Code, the Secretary shall

16 delegate responsibility for construction of a project or
33

•HR 4385 IH

1 projects under this section to the State in which such

2 project or projects are located upon request of such State.

3 (f) ADVANCE CONSTRUCTION.—When a State which

4 has been delegated responsibility for construction of a

5 project under this section—

6 (1) has obligated all funds allocated under this

7 section for construction of such project; and

8 (2) proceeds to construct such project without

9 the aid of Federal funds in accordance with all pro10 cedures and all requirements applicable to such

11 project, except insofar as such procedures and re12 quirements limit the State to the construction of

13 projects with the aid of Federal funds previously al14 located to it;

15 the Secretary, upon the approval of the application of a

16 State, shall pay to the State the Federal share of the cost

17 of construction of the project when additional funds are

18 allocated for such project under this section.

19 (g) APPLICABILITY OF TITLE 23.—Funds authorized

20 by this section from the Highway Trust Fund shall be

21 available for obligation in the same manner as if such

22 funds were apportioned under chapter 1 of title 23, United

23 States Code, except that the Federal share of the cost of

24 any project under this section shall be determined in ac25 cordance with this section and such funds shall remain
34

•HR 4385 IH

1 available until expended. Funds authorized by this section

2 shall not be subject to any obligation limitation.

3 SEC. 113. STUDY OF RADIO AND MICROWAVE TECHNOLOGY

4 FOR COMMERCIAL AND OTHER MOTOR VEHI5 CLES.

6 (a) IN GENERAL.—Section 6057 of the Intermodal

7 Surface Transportation Efficiency Act of 1991 (105 Stat.

8 2194) is amended by redesignating subsection (b) as sub9 section (c) and by inserting after subsection (a) the follow10 ing new subsection:

11 ‘‘(b) STUDY OF RADIO AND MICROWAVE TECH12 NOLOGY FOR COMMERCIAL AND OTHER MOTOR VEHI13 CLES.—

14 ‘‘(1) IN GENERAL.—The Secretary shall con15 duct a research study to develop and evaluate radio

16 and microwave technology for furtherance of safety

17 in commercial and other motor vehicles.

18 ‘‘(2) EQUIPMENT.—Equipment developed under

19 the study to be conducted under paragraph (1) shall

20 be directed toward, but not limited to, warning driv21 ers of obstructions in a highway or limited visibility

22 conditions caused by snow, rain, fog, or dust.

23 ‘‘(3) SAFETY APPLICATIONS.—In conducting

24 the study under paragraph (1), the Secretary shall

25 determine whether the technology described in para-
35

•HR 4385 IH

1 graph (1) has other safety applications consistent

2 with the goals of this Act.’’.

3 (b) FUNDING.—Such section is further amended by

4 adding at the end the following new subsection:

5 ‘‘(d) FUNDING.—Of the funds made available in fis6 cal year 1995 to carry out section 6058(b), $500,000 shall

7 be used to conduct the study under subsection (b).’’.

8 (c) CONFORMING AMENDMENTS.—Such section is

9 further amended—

10 (1) in the section heading by inserting ‘‘AND

11 OTHER’’ after ‘‘COMMERCIAL’’; and

12 (2) in the heading to subsection (a) by inserting

13 ‘‘OF SAFETY TECHNOLOGY FOR COMMERCIAL

14 MOTOR VEHICLES’’ after ‘‘STUDY’’.

15 SEC. 114. FOOTHILL/EASTERN TRANSPORTATION COR16 RIDOR AGENCY.

17 (a) FEDERAL LINE OF CREDIT.—For the purpose of

18 carrying out a demonstration of the construction of public

19 toll roads in Orange County, California, authorized by sec20 tion 129(d) of title 23, United States Code, there is au21 thorized to be appropriated $10,000,000 for the Secretary

22 to enter into an agreement to make a line of credit avail23 able, with a principal amount not to exceed $120,000,000

24 to the public entity or entities with the statutory authority

25 to construct such facilities.
36

•HR 4385 IH

1 (b) EFFECTIVE PERIOD.—The line of credit under

2 this section shall be available for draws during the period

3 beginning on the date of completion of construction and

4 ending on the last day of the tenth calendar year following

5 the date construction of the facilities is completed.

6 (c) PURPOSES.—The line of credit under this section

7 shall be available to pay the costs of extraordinary repair

8 and replacement of the facilities, unexpected Federal or

9 State environmental restrictions, operation and mainte10 nance expenses of the facilities, and debt service on tax11 exempt or taxable obligations financing the facilities.

12 (d) LIMITATIONS.—

13 (1) CAPITAL EXPENDITURES.—With respect to

14 capital expenditures, draws on the line of credit

15 under this section shall only be made if and to the

16 extent proceeds from the sale of the obligations is17 sued by the public entity or entities which otherwise

18 would be available for such purposes are exhausted,

19 or are otherwise unavailable for the payment of such

20 capital expenditures.

21 (2) EXPENSES.—With respect to expenses, in22 cluding operation and maintenance expenses and

23 debt service, a draw on the line of credit under this

24 section shall only be made if revenues from toll oper-
37

•HR 4385 IH

1 ations and capitalized interest are insufficient (or

2 are otherwise unavailable) for such purposes.

3 (3) PER YEAR.—No more than 10 percent of

4 the total principal amount of the line of credit under

5 this section shall be available for draws in any one

6 year.

7 (4) THIRD PARTY CREDITOR RIGHTS.—No third

8 party creditor of the public entity or entities shall

9 have any right against the Federal Government with

10 respect to draws on the line of credit under this sec11 tion.

12 (5) AVAILABILITY FOR PARTICULAR COSTS.—

13 There is no guaranteed availability of proceeds of

14 the line of credit under this section for the payment

15 of any particular cost of the public entity or entities

16 which might be financed under this section.

17 (e) INTEREST RATE AND REPAYMENT PERIOD.—Any

18 draws (except for operation and maintenance expenses) on

19 the line of credit under this section shall accrue interest

20 at the 30-year United States Treasury bond rate begin21 ning on the date such draws are made and shall be repaid

22 in not more than 30 years; except that any draws under

23 the line of credit for operation and maintenance expenses

24 shall accrue interest at the 3-year United States Treasury
38

•HR 4385 IH

1 note rate beginning on the date such draws are made and

2 shall be repaid in not more than 3 years.

3 SEC. 115. RAILWAY-HIGHWAY CROSSINGS PROJECT.

4 Of the funds appropriated by Public Law 103–122

5 for railroad-highway crossings projects, $20,000,000 shall

6 be made available for costs, not to exceed 80 percent, of

7 a project to reduce rail-highway conflicts on M–59 near

8 Pontiac, Michigan, and a project on Bristol Road near

9 Flint, Michigan. From the $20,000,000 made available

10 under the preceding sentence, $500,000 shall be made

11 available to improve and upgrade Maple Road at Bishop

12 Airport, Michigan.

13 SEC. 116. NEW RIVER PARKWAY, WEST VIRGINIA.

14 (a) PRIORITY CONSIDERATION.—

15 (1) COMPLETION OF STUDIES.—The Secretary

16 shall require, as a matter of the highest priority, the

17 completion of all remaining studies associated with

18 the project authorized by section 149(a)(69) of the

19 Surface Transportation and Uniform Relocation As20 sistance Act of 1987 (101 Stat. 191).

21 (2) SCHEDULE.—Notwithstanding any other

22 provision of law, the Secretary is authorized and di23 rected to establish a schedule—
39

•HR 4385 IH

1 (A) for the completion by other Federal

2 agencies of any reviews required by law of such

3 studies; and

4 (B) by which the reconciliation of any dis5 crepancies among reviewing Federal agencies

6 must be met.

7 (3) DEADLINE.—The schedule referred to in

8 paragraph (2) shall provide for the project referred

9 to in paragraph (1) to proceed to construction before

10 December 31, 1995.

11 (b) VISITORS CENTER.—

12 (1) GRANTS.—The Secretary shall make grants

13 to the Secretary of the Interior, acting through the

14 Director of the National Park Service, for the plan15 ning, design, and construction of a visitors center,

16 and such other related facilities as may be deter17 mined to be necessary, to facilitate visitor under18 standing and enjoyment of scenic, historic, cultural,

19 and recreational resources accessible by the New

20 River Parkway, West Virginia, and any related

21 buildings as may be determined to be necessary for

22 the administration of the parkway.

23 (2) SITE.—The visitors center, related facilities,

24 and buildings referred to in paragraph (1) shall be

25 located at a suitable location on a site for which title
40

•HR 4385 IH

1 is held by the United States in the vicinity of the

2 intersection of the New River Parkway and Inter3 state Route 64 or along the New River Parkway it4 self.

5 (3) CONSULTATION.—The Director of the Na6 tional Park Service shall consult with the New River

7 Parkway Authority and the State of West Virginia

8 in the planning, design, and construction of the visi9 tors center, related facilities, and buildings referred

10 to in paragraph (1).

11 (4) FUNDING.—Of the amounts made available

12 pursuant to section 1003(a)(6)(C) of the Intermodal

13 Surface Transportation Efficiency Act of 1991 (105

14 Stat. 1919) $1,300,000 for fiscal year 1995 and

15 $1,200,000 for fiscal year 1996 shall be made avail16 able for the purposes of carrying out this subsection.

17 Such funds shall remain available until expended.

18 SEC. 117. NATIONAL RECREATIONAL TRAILS.

19 (a) STATE ELIGIBILITY.—Section 1302(c) of the

20 Intermodal Surface Transportation Act of 1991 (33

21 U.S.C. 1261(c)) is amended—

22 (1) by striking ‘‘Act’’ each place it appears and

23 inserting part;
41

•HR 4385 IH

1 (2) in paragraph (2) by striking subparagraph

2 (B) and redesignating subparagraphs (C) and (D)

3 as subparagraphs (B) and (C), respectively; and

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

5 ‘‘(3) SIXTH YEAR PROVISION.—On and after

6 the date that is 5 years after the date of the enact7 ment of this part, a State shall be eligible to receive

8 moneys under this part in a fiscal year only if the

9 State agrees to expend from non-Federal sources for

10 carrying out projects under this part an amount

11 equal to 20 percent of the amount received by the

12 State under this part in such fiscal year.’’.

13 (b) ADMINISTRATIVE COSTS.—Section 1302(d)(1) of

14 such Act (33 U.S.C. 1261(d)(1)) is amended—

15 (1) in subparagraph (C) by striking ‘‘national

16 surveys’’ and inserting ‘‘a 1-time national survey’’;

17 (2) in subparagraph (C) by striking ‘‘and’’ at

18 the end;

19 (3) by redesignating subparagraph (D) as sub20 paragraph (E) and inserting after subparagraph (C)

21 the following:

22 ‘‘(D) contracting for services with other

23 land management agencies; and’’; and

24 (4) by adding the end the following:
42

•HR 4385 IH

1 ‘‘The 3 percent limitation in the preceding sentence

2 shall not apply to expenditures to pay the cost of

3 conducting the 1-time national survey described in

4 subparagraph (C).’’.

5 (c) ENVIRONMENTAL MITIGATION.—

6 (1) IN GENERAL.—Section 1302(e) of such Act

7 (33 U.S.C. 1261(e)) is amended by redesignating

8 paragraphs (5), (6), (7), and (8) as paragraphs (6),

9 (7), (8), and (9), respectively, and by inserting after

10 paragraph (4) the following:

11 ‘‘(5) ENVIRONMENTAL MITIGATION.—

12 ‘‘(A) REQUIREMENT.—To the extent prac13 ticable and consistent with other requirements

14 of this section, in complying with paragraph

15 (4), a State shall give priority to project propos16 als which provide for the redesign, reconstruc17 tion, nonroutine maintenance, or relocation of

18 trails in order to mitigate and minimize the im19 pact to the natural environment.

20 ‘‘(B) COMPLIANCE.—The State shall re21 ceive guidance for determining compliance with

22 subparagraph (A) from the recreational trail

23 advisory board satisfying the requirements of

24 subsection (c)(2)(A).’’.
43

•HR 4385 IH

1 (2) CONFORMING AMENDMENT.—Section

2 1302(e)(4) of such Act (33 U.S.C. 1261(e)(4)) is

3 amended by striking ‘‘paragraphs (6) and (8)(B)’’

4 and inserting paragraphs ‘‘(7) and (9)(B)’’.

5 (d) EXCLUSIONS.—Section 1302(e)(7) of such Act,

6 as redesignated by subsection (c), is amended—

7 (1) by striking ‘‘(7) SMALL STATE EXCLU8 SION.—Any State’’ and inserting the following:

9 ‘‘(7) EXCLUSIONS.—

10 ‘‘(A) SMALL STATE.—Any State’’;

11 (2) by moving the text of subparagraph (A), as

12 so designated, 2 ems to the right; and

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

14 ‘‘(B) BEST INTEREST OF A STATE.—Any

15 State which determines based on trail needs

16 identified in its State Comprehensive Outdoor

17 Recreation Plan that it is in the best interest

18 of the State to be exempt from the require19 ments of paragraph (4) may apply to the Sec20 retary for such an exemption. Before approving

21 or disapproving an application for such an ex22 emption, the Secretary shall publish in the Fed23 eral Register notice of receipt of the application

24 and provide an opportunity for public comment

25 on the application.’’.
44

•HR 4385 IH

1 (e) RETURN OF MONEYS NOT EXPENDED.—Section

2 1302(e)(9) of such Act, as redesignated by subsection (c),

3 is amended—

4 (1) by inserting ‘‘the State’’ before ‘‘may be ex5 empted’’; and

6 (2) by striking ‘‘and expended or committed’’

7 and all that follows before the period.

8 (f) AUTHORIZATION OF APPROPRIATIONS.—Section

9 1302 of such Act (16 U.S.C. 1261) is amended by adding

10 at the end the following:

11 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—

12 ‘‘(1) IN GENERAL.—There is authorized to be

13 appropriated out of the Highway Trust Fund (other

14 than the Mass Transit Account) to carry out this

15 section and section 1303 $6,000,000 for fiscal year

16 1995.

17 ‘‘(2) APPLICABILITY OF TITLE 23.—Funds au18 thorized by paragraph (1) shall be available for obli19 gation in the same manner as if the funds were ap20 portioned under chapter 1 of title 23, United States

21 Code; except that the Federal share of the cost of

22 activities conducted with such funds shall be as pro23 vided in this section, such funds shall not be subject

24 to any obligation limitation other than subsection
45

•HR 4385 IH

1 (d)(3), and such funds shall remain available until

2 expended.

3 ‘‘(3) TREATMENT.—Funds authorized by para4 graph (1) shall be treated as if such funds were part

5 of the National Recreational Trails Trust Fund for

6 purposes of making allocations to the States under

7 subsection (d).

8 (g) ADVISORY COMMITTEE.—Section 1303 of such

9 Act (16 U.S.C. 1262) is amended—

10 (1) in subsection (b) by striking ‘‘11 members’’

11 and inserting ‘‘12 members’’;

12 (2) in subsection (b) by redesignating para13 graph (2), (3), and (4) as paragraphs (3), (4), and

14 (5), respectively, and by inserting after paragraph

15 (1) the following:

16 ‘‘(2) 1 member appointed by the Secretary rep17 resenting individuals with disabilities;’’.

18 SEC. 118. DESIGNATION OF COAL HERITAGE TRAIL.

19 (a) DESIGNATION.—

20 (1) IN GENERAL.—The Secretary of Transpor21 tation, with the concurrence of the State of West

22 Virginia, shall designate by publication of a descrip23 tion thereof in the Federal Register, a vehicular tour

24 route along public roads linking sites and points of
46

•HR 4385 IH

1 interest associated with the coal mining heritage of

2 southern West Virginia.

3 (2) COAL HERITAGE TRAIL.—The route des4 ignated under paragraph (1) shall be known as the

5 ‘‘Coal Heritage Trail’’ (hereinafter in this section re6 ferred to as the ‘‘trail’’), and shall be identified by

7 an appropriate marker to guide members of the vis8 iting public.

9 (3) SITES.—For the purposes of paragraph (1),

10 the sites and points of interest are those within the

11 11 counties which were the subject of the study enti12 tled ‘‘A Coal Mining Heritage Study: Southern West

13 Virginia’’ (1993, United States Department of the

14 Interior, National Park Service).

15 (b) IDENTIFICATION OF ROUTE.—

16 (1) HERITAGE TOUR ROUTES.—The trail as ini17 tially designated shall include—

18 (A) public roads identified as ‘‘Heritage

19 Tour Routes’’ and ‘‘Tour Route Connectors’’ on

20 the map entitled ‘‘Alternative Concept C’’ in the

21 study referred to in subsection (a)(3) and addi22 tional public roads which provide access to the

23 interpretive sites and areas identified on such

24 map; and
47

•HR 4385 IH

1 (B) public roads linking areas identified by

2 the map entitled ‘‘Figure 12’’ in the study enti3 tled ‘‘The Coal Road: A Survey of Southern

4 West Virginia Mining Tourism Potential’’

5 (March 1989, Marshall University Center for

6 Regional Progress for the United States De7 partment of Commerce, Economic Development

8 Administration).

9 (2) ADDITIONAL SEGMENTS.— The Secretary

10 of Transportation may, in the manner set forth in

11 subsection (a)(1), designate additional segments of

12 the trial from time to time, as the Secretary consid13 ers appropriate.

14 (d) GRANTS.—The Secretary shall make grants to

15 the State of West Virginia for the purpose of erecting

16 signs or other informational devices along the trail display17 ing a Coal Heritage Trail marker. The marker shall be

18 devised by the West Virginia Division of Culture and His19 tory with the concurrence of the West Virginia Division

20 of Highways, and shall be subject to public comment.

21 (e) TECHNICAL ASSISTANCE.—With respect to areas

22 linked by segments of the trial which are administered by

23 Federal, State, local, or nonprofit entities, the Secretary

24 may, pursuant to cooperative agreements with such enti25 ties, and in consultation with the State of West Virginia,
48

•HR 4385 IH

1 provide technical assistance in the development of inter2 pretive devices and information in order to contribute to

3 public appreciation of the historical, cultural, natural, sce4 nic, and recreational sites along the trial.

5 (f) FUNDING.—Of amounts made available pursuant

6 to section 1048(d) of the Intermodal Surface Transpor7 tation Efficiency Act of 1991 (105 Stat. 1998), there shall

8 be available $1,000,000 per fiscal year for each of fiscal

9 years 1995 and 1996 for the purposes of carrying out this

10 section. Such sums shall remain available until expended.

11 SEC. 119. LIMITATIONS ON FUNDING OF OPERATING AS12 SISTANCE.

13 Section 9(k)(2) of the Federal Transit Act (49 U.S.C.

14 App. 1607a(k)(3)) is amended—

15 (1) by redesignating subparagraphs (B) and

16 (C) as subparagraphs (E) and (F), respectively; and

17 (2) in subparagraph (E), as redesignated by

18 paragraph (1), by inserting ‘‘INCREASE.—’’ before

19 ‘‘Beginning’’;

20 (3) in subparagraph (F), as redesignated by

21 paragraph (1), by inserting ‘‘CONSUMER PRICE

22 INDEX DEFINED.—’’;

23 (4) by moving subparagraphs (E) and (F), as

24 redesignated by paragraph (1), 4 ems to the right;

25 and
49

•HR 4385 IH

1 (5) by striking ‘‘(2)’’ and subparagraph (A) and

2 inserting the following:

3 ‘‘(2) LIMITATIONS ON FUNDING OF OPERATING

4 ASSISTANCE.—

5 ‘‘(A) URBANIZED AREAS OF 1,000,000 OR

6 MORE.—The amount of funds apportioned

7 under this section which may be used for oper8 ating assistance shall not exceed 80 percent of

9 the amount of funds apportioned in fiscal year

10 1982 under paragraphs (1)(A), (2)(A), and

11 (3)(A) of section 5(a) of this Act to an urban12 ized area with a population of 1,000,000 or

13 more, 90 percent of funds so apportioned to an

14 urbanized area with a population of 200,000 or

15 more and less than 1,000,000 population; and

16 95 percent of funds so apportioned to an urban17 ized area of less than 200,000 population. Not18 withstanding the preceding sentence, an urban19 ized area that first became an urbanized area

20 under the 1980 census or thereafter may use

21 each fiscal year for operating assistance not to

exceed an amount equal to 2 22 ⁄3 of its apportion23 ment during the first full year it received funds

24 under this section.
50

•HR 4385 IH

1 ‘‘(B) SPECIAL RULE FOR CERTAIN URBAN2 IZED AREAS WITH REDUCED POPULATIONS.—If

3 an urbanized area had a population under the

4 1980 decennial census of the United States of

5 more than 1,000,000 and has a population

6 under the 1990 decennial census of less than

7 1,000,000, the maximum percentage of funds

8 which may be used for operating assistance for

9 purposes of subparagraph (A) shall be 90 per10 cent of the amount of funds apportioned in fis11 cal year 1982 under such paragraphs (1)(A),

12 (2)(A), and (3)(A) to such area.

13 ‘‘(C) SPECIAL RULE FOR URBANIZED

14 AREAS OF LESS THAN 200,000.—If an urbanized

15 area had a population under the 1990 decennial

16 census of the United States of less than

17 200,000, 100 percent of the funds apportioned

18 to such area under this section for each of fiscal

19 years 1995, 1996, and 1997 may be used for

20 operating assistance, notwithstanding any limi21 tation otherwise imposed on operating assist22 ance.

23 ‘‘(D) OFFSET.—The amount of funds ap24 portioned under this section to each urbanized

25 area with a population of 200,000 or more in
51

•HR 4385 IH

1 each of fiscal years 1995, 1996, and 1997

2 which may be used for operating assistance but

3 for this subparagraph shall be reduced by the

4 amount determined by multiplying—

5 ‘‘(i) the aggregate amount of in6 creases of operating assistance under sub7 paragraph (C) in such fiscal year; by

8 ‘‘(ii) the quotient determined by divid9 ing—

10 ‘‘(I) the amount of funds appor11 tioned under this section to such area

12 in such fiscal year which may be used

13 for operating assistance but for this

14 subparagraph; by

15 ‘‘(II) the aggregate amount of

16 funds apportioned to all urbanized

17 areas with a population of 200,000 or

18 more under this section in such fiscal

19 year but for this subparagraph which

20 may be used for operating assist21 ance.’’.

22 SEC. 120. INTERCITY BUS TRANSPORTATION.

23 (a) BASIC PROGRAM.—Section 18(i)(1) of the Fed24 eral Transit Act (49 U.S.C. App. 1614(i)(1)) is amend25 ed—
52

•HR 4385 IH

1 (1) by striking ‘‘and’’ before ‘‘15 percent’’;

2 (2) by inserting ‘‘, and 7.5 percent of such

3 amounts in fiscal year 1995’’ after ‘‘1994’’; and

4 (3) by inserting after ‘‘demonstration projects,’’

5 the following: ‘‘the purchase of accessibility de6 vices,’’.

7 (b) DISCRETIONARY PROGRAM.—Section 3 of such

8 Act (49 U.S.C. App. 1602) is amended by adding at the

9 end the following new subsection:

10 ‘‘(o) INTERCITY BUS TRANSPORTATION.—Of the

11 amounts made available by subsection (k)(1)(C) in each

12 fiscal year beginning after September 30, 1994, the Sec13 retary shall make to operators of intercity bus transpor14 tation systems capital grants to support such systems, in15 cluding the purchase of accessibility devices, an amount

16 equal to 7.5 percent of the amounts made available under

17 section 18 in such fiscal year. The Federal grant for any

18 project under this subsection shall be 80 percent of the

19 net project cost; except that the Federal grant for the pur20 chase of accessibility devices under this subsection shall

21 be 90 percent of the net project cost.’’.

22 SEC. 121. REPEALS OF EXISTING PROJECTS.

23 (a) LONG BEACH METRO LINK FIXED RAIL

24 PROJECT.—Section 3035(o) of the Federal Transit Act

25 (105 Stat. 2131) is repealed.
53

•HR 4385 IH

1 (b) HONOLULU RAPID TRANSIT PROJECT.—Section

2 3035(ww) of such Act (105 Stat. 2136) is repealed.

3 SEC. 122. MISCELLANEOUS TRANSIT PROJECTS.

4 (a) PORTLAND WESTSIDE LIGHT RAIL PROJECT.—

5 Section 3035(b) of the Intermodal Surface Transportation

6 Efficiency Act of 1991 (105 Stat. 2129) is amended—

7 (1) by inserting ‘‘(1) IN GENERAL.—’’ after

8 ‘‘WESTSIDE LIGHT RAIL PROJECT.—’’

9 (2) by striking the last sentence;

10 (3) by indenting paragraph (1) and moving it

11 2 ems to the right; and

12 (4) by adding at the end the following:

13 ‘‘(2) AMENDMENT.—

14 ‘‘(A) NEGOTIATION.—Within 90 days after

15 the date of the enactment of this paragraph,

16 the Secretary shall negotiate and sign an

17 amendment to the Westside Light Rail Project

18 multiyear grant agreement authorized under

19 paragraph (1) with the Tri-County Metropoli20 tan Transportation District of Oregon to carry

21 out the final design and construction of the lo22 cally preferred alternative for the Hillsboro ex23 tension, systems related costs as authorized in

24 Public Law 102–240, and acquisition of low
54

•HR 4385 IH

1 floor light rail vehicles, as set forth in Public

2 Law 102–388.

3 ‘‘(B) ADVANCE CONSTRUCTION; CONTIN4 GENT COMMITMENT.—The amendment nego5 tiated under this paragraph shall provide for

6 the use of advance construction authority under

7 section 3(l) of the Federal Transit Act and for

8 the use of contingent commitment authority

9 under section 3(a)(4)(C) of the Federal Transit

10 Act for the activities set forth in subparagraph

11 (A) for an amount equivalent to the Federal

12 share authorized under section 3 of the Federal

13 Transit Act for each specific activity; except

14 that the Federal share of the cost of the final

15 design and construction of the Hillsboro extension shall not exceed 1 16 ⁄3.

17 ‘‘(C) SPECIAL RULE FOR ADVANCE CON18 STRUCTION.—In the event that the Tri-County

19 Metropolitan Transportation District of Oregon

20 uses advance construction authority under this

21 paragraph, the Secretary shall convert that au22 thority into a grant and shall reimburse the

23 Tri-County Metropolitan Transportation Dis24 trict of Oregon from funds made available

25 under section 3 of the Federal Transit Act in
55

•HR 4385 IH

1 fiscal years 1998 and 1999 for the Federal

2 share of the amounts expended (plus any eligi3 ble financing costs).

4 ‘‘(D) INTEGRATED PROJECT FINANCING

5 PLAN.—The amendment negotiated under this

6 paragraph shall also include an integrated

7 project financing plan to permit the inter8 changeable use of Federal funds for activities

9 set forth in paragraph (1) and subparagraph

10 (A) to maintain the entire project construction

11 schedule.

12 ‘‘(3) TREATMENT AS A SINGLE PROJECT.—The

13 Hillsboro extension to the Westside Light Rail

14 Project shall be considered by the Federal Transit

15 Administration as a single project extending from

16 downtown Portland, Oregon, to downtown Hillsboro,

17 Oregon, for the purposes of project review, evalua18 tion, and approval of construction under section 3(i)

19 of the Federal Transit Act and for the purpose of

20 preparing a report under section 3(j) of such Act.’’.

21 (b) NEW JERSEY URBAN CORE PROJECT.—Section

22 3031(d) of the Intermodal Surface Transportation Effi23 ciency Act of 1991 (105 Stat. 2122–2123) is amended—

24 (1) by inserting after ‘‘Hudson River Water25 front Transportation System’’ the following: ‘‘(in-
56

•HR 4385 IH

1 cluding corridor connections to and within the city

2 of Bayonne)’’; and

3 (2) by inserting after ‘‘Concourse,’’ the follow4 ing: ‘‘the West Shore Line,’’.

5 (c) NORTH BAY FERRY SERVICE.—Section 3035(c)

6 of such Act (105 Stat. 2129) is amended by striking

7 ‘‘$8,000,000’’ and all that follows through ‘‘1993’’ and in8 serting ‘‘$17,000,000’’.

9 (d) STATEN ISLAND-MIDTOWN MANHATTAN FERRY

10 SERVICE.—Section 3035(d) of such Act is amended by

11 striking ‘‘$1,000,000’’ and all that follows through

12 ‘‘1993’’ and inserting ‘‘$12,000,000’’.

13 (e) CENTRAL AREA CIRCULATOR PROJECT.—Section

14 3035(e) of such Act is amended by striking the last sen15 tence.

16 (f) LOS ANGELES-SAN DIEGO RAIL CORRIDOR IM17 PROVEMENT PROJECT.—Section 3035(g) of such Act is

18 amended by striking ‘‘not less than’’ and all that follows

19 through ‘‘1994’’ and inserting ‘‘$20,000,000’’.

20 (g) ADDITIONAL TRACKAGE RIGHTS AND RIGHT-OF21 WAY PURCHASE FOR GILROY SERVICE.—Section 3035(h)

22 of such Act is amended—

23 (1) by striking ‘‘July 1, 1994’’ and inserting

24 ‘‘September 30, 1996’’; and
57

•HR 4385 IH

1 (2) by striking ‘‘August 1, 1994,’’ and inserting

2 ‘‘October 31, 1996,’’.

3 (h) DALLAS LIGHT RAIL PROJECT.—

4 (1) MULTIYEAR GRANT AGREEMENT.—Section

5 3035(i) of such Act is amended—

6 (A) by striking ‘‘6.4 miles’’ and inserting

7 ‘‘9.6 miles’’;

8 (B) by striking ‘‘10 stations’’ and inserting

9 ‘‘not to exceed 14 stations’’;

10 (C) by striking ‘‘such light rail line’’ and

11 inserting ‘‘the program of interrelated projects

12 identified in section 3(a)(8)(C)(vii) of the Fed13 eral Transit Act’’; and

14 (D) by striking ‘‘of such elements’’ and in15 serting ‘‘element of such program of inter16 related projects’’

17 (2) PROGRAM OF INTERRELATED PROJECTS.—

18 Section 3(a)(8)(C)(vii) of the Federal Transit Act

19 (49 U.S.C. App. 1602(a)(8)(C)(vii)) is amended by

20 striking ‘‘Camp Wisdom’’ and inserting ‘‘Interstate

21 Route 20, L.B.J. Freeway’’.

22 (i) SOUTH BOSTON.—Section 3035(j) of the Inter23 modal Surface Transportation Efficiency Act of 1991

24 (105 Stat. 2130–2131) is amended—
58

•HR 4385 IH

1 (1) by striking ‘‘$278,000,000’’ each place it

2 appears and inserting ‘‘$323,000,000’’;

3 (2) by inserting ‘‘the second place it appears’’

4 after ‘‘striking ‘—’ ’’; and

5 (3) by adding at the end the following: ‘‘Funds

6 made available for the South Boston Piers

7 Transitway in fiscal year 1994 for alternatives anal8 ysis may also be used for construction.’’.

9 (j) KANSAS CITY LIGHT RAIL LINE.—Section

10 3035(k) of such Act is amended by striking ‘‘$1,500,000

11 in fiscal year 1992, and $4,400,000 in fiscal year 1993’’

12 and inserting ‘‘$5,900,000’’.

13 (k) DOWNTOWN ORLANDO CIRCULATOR PROJECT.—

14 Section 3035(l) of such Act is amended—

15 (1) by striking ‘‘No later than April 30, 1992,

16 the’’ and inserting ‘‘The’’;

17 (2) by striking ‘‘$5,000,000’’ and inserting

18 ‘‘$12,000,000’’; and

19 (3) by striking ‘‘for’’ the second place it ap20 pears and all that follows through the period at the

21 end and inserting ‘‘and the completion of final de22 sign, construction, land and equipment acquisition,

23 and related activities for the Downtown Orlando

24 Circulator project.’’.
59

•HR 4385 IH

1 (l) DETROIT LIGHT RAIL PROJECT.—Section

2 3035(m) of such Act is amended by striking ‘‘not less

3 than’’ the first place it appears and all that follows

4 through ‘‘1993,’’ and inserting ‘‘$20,000,000’’.

5 (m) LAKEWOOD-FREEHOLD-MATTAWAN OR

6 JAMESBURG RAIL PROJECT.—Section 3035(p) of such

7 Act is amended by striking ‘‘$1,800,000’’ and all that fol8 lows through ‘‘1994’’ and inserting ‘‘$7,800,000’’.

9 (n) CHARLOTTE LIGHT RAIL STUDY.—Section

10 3035(r) of such Act is amended by striking ‘‘$125,000’’

11 and all that follows through ‘‘1993’’ and inserting

12 ‘‘$500,000’’.

13 (o) SAN DIEGO MID COAST FIXED GUIDEWAY

14 PROJECT.—Section 3035(u) of such Act is amended—

15 (1) in the subsection heading by striking

16 ‘‘LIGHT RAIL’’ and inserting ‘‘FIXED GUIDEWAY’’;

17 (2) by striking ‘‘No later than April 30, 1992,

18 the’’ and inserting ‘‘The’’;

19 (3) by striking ‘‘, $2,000,000’’ and all that fol20 lows through ‘‘right-of-way,’’ and inserting

21 ‘‘$42,000,000’’; and

22 (4) by striking ‘‘Light Rail’’ and inserting

23 ‘‘Fixed Guideway’’.

24 (p) RAILTRAN COMMUTER RAIL PROJECT.—Sec25 tion 3035(x) of such Act is amended—
60

•HR 4385 IH

1 (1) by striking ‘‘No later than April 30, 1992,

2 the’’ and inserting ‘‘The’’; and

3 (2) by striking ‘‘$2,480,000’’ and all that fol4 lows ‘‘1993’’ and inserting ‘‘$8,680,000’’.

5 (q) EUREKA SPRINGS, ARKANSAS.—Section 3035(z)

6 of such Act is amended by striking the first sentence and

7 inserting the following: ‘‘From funds provided under sec8 tion 3(k)(1)(c) of the Federal Transit Act, the Secretary

9 shall make available $63,600 to Eureka Springs Transit

10 for the purchase of an alternative fueled vehicle, which is

11 accessible to and usable by individuals with disabilities.’’.

12 (r) BALTIMORE-CENTRAL LIGHT RAIL EXTEN13 SION.—Section 3035(nn) of such Act is amended—

14 (1) in paragraph (1) by striking ‘‘as follows:

15 ‘‘(A) Not less than $30,000,000 for fiscal

16 year 1993.

17 ‘‘(B) Not less than $30,000,000 for fiscal

18 year 1994.’’

19 and inserting ‘‘and shall be $60,000,000.’’; and

20 (2) in paragraph (2) by striking ‘‘as follows’’

21 and all that follows through the period at the end

22 of subparagraph (C) and inserting ‘‘totaling

23 $160,000,000’’.
61

•HR 4385 IH

1 (s) JACKSONVILLE AUTOMATED SKYWAY EXPRESS

2 EXTENSION.—Section 3035(vv) of such Act is amended

3 to read as follows:

4 ‘‘(vv) JACKSONVILLE AUTOMATED SKYWAY EXPRESS

5 EXTENSION.—Not later than December 31, 1994, the

6 Secretary shall negotiate and sign an agreement which

7 modifies the full funding agreement signed on September

8 27, 1991, with the Jacksonville Transportation Authority

9 for phase 1–B of the north segment of the Automated

10 Skyway Express project to make available $15,000,000 in

11 already appropriated funds and $35,000,000 under sec12 tion 3(k)(1)(B) of the Federal Transit Act to carry out

13 construction of the locally preferred alternative for an op14 erable segment of a not to exceed 1.8 mile extension to

15 such project.’’.

16 (t) DULLES CORRIDOR RAIL PROJECT.—Section

17 3035(aaa) of such Act is amended—

18 (1) by striking ‘‘No later than April 30, 1992,

19 the’’ and inserting ‘‘The’’;

20 (2) by striking ‘‘$6,000,000’’ and inserting

21 ‘‘$16,000,000’’; and

22 (3) by striking ‘‘the completion’’ and all that

23 follows through ‘‘engineering for’’.
62

•HR 4385 IH

1 (u) CENTRAL PUGET SOUND REGIONAL TRANSIT

2 PROJECT.—Section 3035(bbb) of such Act is amended to

3 read as follows:

4 ‘‘(bbb) CENTRAL PUGET SOUND REGIONAL TRANSIT

5 PROJECT.—From funds provided under section

6 3(k)(1)(B) of the Federal Transit Act, the Secretary shall

7 make available $300,000,000 for the Central Puget Sound

8 Regional Transit Project.’’.

9 (v) CANAL STREET CORRIDOR LIGHT RAIL.—Section

10 3035(fff) of such Act is amended—

11 (1) by striking ‘‘No later than April 30, 1992,

12 the’’ and inserting ‘‘The’’; and

13 (2) by striking ‘‘negotiate’’ and all that follows

14 through ‘‘includes’’ and inserting ‘‘make available’’;

15 and

16 (3) by striking ‘‘$4,800,000’’ and all that fol17 lows ‘‘statement for’’ and inserting ‘‘$44,800,000 to

18 construct’’.

19 (w) ADDITIONAL PROJECTS.—

20 (1) SANTA CRUZ BUS FACILITY CONSOLIDA21 TION.—From funds provided under section

22 3(k)(1)(C) of the Federal Transit Act, the Secretary

23 shall make available $4,120,000 for the Santa Cruz

24 Bus Facility Consolidation project.
63

•HR 4385 IH

1 (2) SANTA CRUZ FIXED GUIDEWAY.—From

2 funds provided under section 3(k)(1)(B) of the Fed3 eral Transit Act, the Secretary shall make available

4 $4,750,000 for the Santa Cruz Fixed Guideway

5 project.

6 (3) SAN FRANCISCO FERRY BUILDING RENOVA7 TION.—From funds provided under section

8 3(k)(1)(B) of the Federal Transit Act, the Secretary

9 shall make available $1,250,000 for the San Fran10 cisco Ferry Building Renovation project.

11 (4) AC TRANSIT BUS IMPROVEMENTS.—From

12 funds provided under section 3(k)(1)(C) of the Fed13 eral Transit Act, the Secretary shall make available

14 $10,000,000 to the Alameda County Transit District

15 for the purchase of buses.

16 (5) DENVER SOUTHWEST CORRIDOR LIGHT

17 RAIL.—From funds provided under section

18 3(k)(1)(B) of the Federal Transit Act, the Secretary

19 shall make available $13,000,000 for the Denver

20 Southwest Corridor Light Rail project.

21 (6) GRIFFIN LINE TRANSITWAY.—From funds

22 provided under section 3(k)(1)(B) of the Federal

23 Transit Act, the Secretary shall make available

24 $4,900,000 for the Griffin Line Transitway project.
64

•HR 4385 IH

1 (7) TAMPA TO LAKELAND COMMUTER RAIL.—

2 From funds provided under section 3(k)(1)(B) of

3 the Federal Transit Act, the Secretary shall make

4 available $16,300,000 for the Tampa to Lakeland

5 Commuter Rail project.

6 (8) RAVENSWOOD RAPID TRANSIT LINE.—From

7 funds provided under section 3(k)(1)(A) of the Fed8 eral Transit Act, and before the formula distribution

9 of funds under such section, the Secretary shall

10 make available $20,000,000 to the Chicago Transit

11 Authority for the reconstruction of track on the

12 Ravenswood Rapid Transit line between Kimball

13 Terminal and Clark Junction and between Armitage

14 Avenue and Tower 18.

15 (9) FITCHBURG INTERMODAL FACILITY.—From

16 funds provided under section 3(k)(1)(C) of the Fed17 eral Transit Act, the Secretary shall make available

18 $2,250,000 for the Fitchburg Intermodal Facility.

19 (10) EAST-WEST TRANSITWAY.—From funds

20 provided under section 3(k)(1)(B) of the Federal

21 Transit Act, the Secretary shall make available

22 $5,000,000 for the East-West Transitway project in

23 Montgomery County, Maryland.

24 (11) MINNEAPOLIS.—From funds provided

25 under section 3(k)(1)(B) of the Federal Transit Act,
65

•HR 4385 IH

1 the Secretary shall make available $20,000,000 for

2 the Minnesota Central Corridor Light Rail project.

3 (12) HOBOKEN TERMINAL FACILITY IMPROVE4 MENTS.—From funds provided under section

5 3(k)(1)(A) of the Federal Transit Act, and before

6 the formula distribution of funds under such section,

7 the Secretary shall make available $8,000,000 to re8 habilitate the Hoboken Terminal and Yard Complex

9 in Hoboken, New Jersey.

10 (13) WEST 72D STREET TRANSIT STATION.—

11 From funds provided under section 3(k)(1)(A) of the

12 Federal Transit Act, and before the formula dis13 tribution of funds under such section, the Secretary

14 shall make available $9,500,000 to refurbish and ex15 pand the West 72d Street Transit Station in New

16 York, New York.

17 (14) TREN URBANO LIGHT RAIL LINE.—From

18 funds provided under section 3(k)(1)(B) of the Fed19 eral Transit Act, the Secretary shall make available

20 $40,000,000 for the Tren Urbano Light Rail project

21 in Puerto Rico.

22 (15) MEMPHIS RIVERFRONT LOOP.—From

23 funds provided under section 3(k)(1)(B) of the Fed24 eral Transit Act, the Secretary shall make available
66

•HR 4385 IH

1 $5,900,000 for the Memphis Riverfront Loop Light

2 Rail project.

3 (16) DART NORTH CENTRAL LIGHT RAIL EX4 TENSION.—From funds provided under section

5 3(k)(1)(B) of the Federal Transit Act, the Secretary

6 shall make available $15,000,000 for the DART

7 North Central Light Rail Extension project.

8 (17) AUSTIN LIGHT RAIL PROJECT.—From

9 funds provided under section 3(k)(1)(B) of the Fed10 eral Transit Act, the Secretary shall make available

11 $5,000,000 for the Austin Light Rail project.

12 (18) EDMONDS MULTI-MODAL CENTER.—From

13 funds provided under section 3(k)(1)(B) of the Fed14 eral Transit Act, the Secretary shall make available

15 $400,000 for fixed guideway improvements in the vi16 cinity of the Edmonds, Washington ferry terminal.

17 (19) MILWAUKEE BUS PURCHASE.—From

18 funds provided under section 3(k)(1)(C) of the Fed19 eral Transit Act, the Secretary shall make available

20 $10,000,000 to purchase transit buses in Milwaukee,

21 Wisconsin.

22 (20) TRI-STATE TRANSIT AUTHORITY PUR23 CHASE.—From funds provided under section

24 3(k)(1)(C) of the Federal Transit Act, the Secretary

25 shall make available $3,416,000 to the Tri-State
67

•HR 4385 IH

1 Transit Authority in Huntington, West Virginia, for

2 the purchase of transit vehicles, equipment, and re3 lated right-of-way facility costs.

4 (21) ALASKA MARINE TRANSPORTATION SYS5 TEM.—Notwithstanding section 3(a) of the Federal

6 Transit Act, from funds provided under section

7 3(k)(1)(B), the Secretary shall make available

8 $20,000,000 to the State of Alaska for the Alaska

9 Marine Transportation System project.

10 (22) LONG BEACH BUS PURCHASE.—From

11 funds provided under section 3(k)(1)(C) of the Fed12 eral Transit Act, the Secretary shall make available

13 $3,000,000 to the Long Beach Public Transpor14 tation Company for the purchase of buses and spare

15 parts.

16 (23) PALM DESERT PEOPLE MOVER.—From

17 funds provided under section 3(k)(1)(B) of the Fed18 eral Transit Act, the Secretary shall make available

19 $5,000,000 for the Palm Desert People Mover

20 Project.

21 (24) LOS ANGELES/BURBANK/GLENDALE/SAN

22 FERNANDO VALLEY LIGHT RAIL/INTERMODAL CON23 NECTION.—From funds provided under section

24 3(k)(1)(B) of the Federal Transit Act, the Secretary

25 shall make available $10,000,000 for the Los Ange-
68

•HR 4385 IH

1 les/Burbank/Glendale/San Fernando Valley Light

2 Rail/Intermodal Connection project.

3 (25) ORANGE COUNTY TRANSITWAY.—From

4 funds provided under sections 3(k)(1)(B) and

5 3(k)(1)(C) of the Federal Transit Act, the Secretary

6 shall make available $15,000,000 for the Orange

7 County Transitway connector in Costa Mesa and

8 Irvine and the Anaheim Intermodal Transportation

9 Center projects.

10 (26) GOLDEN EMPIRE TRANSIT LIGHT RAIL.—

11 From funds provided under section 3(k)(1)(B) of

12 the Federal Transit Act, the Secretary shall make

13 available $2,000,000 for the Golden Empire Transit

14 Light rail project.

15 (27) DALLAS AREA RAPID TRANSIT BUS PUR16 CHASE.—From funds provided under section

17 3(k)(1)(C) of the Federal Transit Act, the Secretary

18 shall make available $5,000,000 to the Dallas Area

19 Rapid Transit District for the purchase of buses.

20 (28) TRI-COUNTY COMMUTER RAIL.—From

21 funds provided under section 3(k)(1)(A) of the Fed22 eral Transit Act, and before the formula distribution

23 of funds under such section, the Secretary shall

24 make available $20,000,000 for capital improve25 ments to Tri-Rail Commuter Rail Service.
69

•HR 4385 IH

1 (29) SAFETY AND SECURITY PILOT PROJECT.—

2 From funds provided under section 3(k)(1)(C) of the

3 Federal Transit Act, the Secretary shall make avail4 able $2,750,000 for a safety and security pilot

5 project in Champaign-Urbana, Rock Island, and

6 Springfield, Illinois.

7 (30) METRA WISCONSIN CENTRAL COMMUTER

8 RAIL LINE.—From funds provided under section

9 3(k)(1)(B) of the Federal Transit Act, the Secretary

10 shall make available $5,000,000 for capital improve11 ments to provide commuter rail service between An12 tioch, Illinois, and Chicago Union Station.

13 (31) CINCINNATI NORTHEAST/NORTHERN KEN14 TUCKY RAIL LINE.—From funds provided under sec15 tion 3(k)(1)(B) of the Federal Transit Act, the Sec16 retary shall make available $6,000,000 for the Cin17 cinnati Northeast/Northern Kentucky Rail Line

18 project.

19 (32) WORCESTER INTERMODAL CENTER.—

20 From funds provided under section 3(k)(1)(C) of the

21 Federal Transit Act, the Secretary shall make avail22 able $20,000,000 for the Union Station Intermodal

23 Center project.

24 (33) BOSTON COLLEGE ALTERNATIVE FUELS/

25 ENVIRONMENTAL EFFICIENCY BUS DEMONSTRATION
70

•HR 4385 IH

1 PROJECT.—From funds provided under section

2 3(k)(1)(C) of the Federal Transit Act, the Secretary

3 shall make available $1,600,000 to Boston College

4 for the alternative fuels/environmental efficiency bus

5 demonstration project.

6 (34) SHADY GROVE TO FREDERICK COR7 RIDOR.—From funds provided under section

8 3(k)(1)(B) of the Federal Transit Act, the Secretary

9 shall make available $5,000,000 to the State of

10 Maryland for a corridor study of transit options in

11 the Shady Grove to Frederick Corridor.

12 (35) BALTIMORE REGIONAL TRANSIT CORRIDOR

13 STUDY.—From funds provided under section

14 3(k)(1)(B) of the Federal Transit Act, the Secretary

15 shall make available $10,000,000 to the State of

16 Maryland for a study of transit corridors in the Bal17 timore and southern Maryland regions.

18 (36) WEST TRENTON LINE.—From funds pro19 vided under section 3(k)(1)(B) of the Federal Tran20 sit Act, the Secretary shall make available

21 $10,000,000 to make capital improvements for the

22 West Trenton Commuter Rail Line.

23 (37) WHITEHALL FERRY TERMINAL.—From

24 funds provided under section 3(k)(1)(B) of the Fed25 eral Transit Act, the Secretary shall make available
71

•HR 4385 IH

1 $20,000,000 for reconstruction of the Whitehall

2 Ferry Terminal in New York, New York.

3 (38) BUFFALO CROSSROADS STATION.—From

4 funds provided under section 3(k)(1)(B) of the Fed5 eral Transit Act, the Secretary shall make available

6 $9,000,000 to the Niagara Frontier Transportation

7 Authority for the Crossroads Station project.

8 (39) COLUMBUS NORTH CORRIDOR/OSU LINK.—

9 From funds provided under section 3(k)(1)(B) of

10 the Federal Transit Act, the Secretary shall make

11 available $10,000,000 for the Columbus North Cor12 ridor/OSU Link project.

13 (40) BAYFRONT CENTRE INTERMODAL COM14 PLEX.—From funds provided under section

15 3(k)(1)(C) of the Federal Transit Act, the Secretary

16 shall make available $8,000,000 for the Bayfront

17 Centre Intermodal Complex project.

18 (41) ST. LOUIS METRO LINK EXTENSIONS.—

19 From funds provided under section 3(k)(1)(B) of

20 the Federal Transit Act, the Secretary shall make

21 available $16,000,000 for the St. Clair extension to

22 the St. Louis Metro Link light rail transit system,

23 $2,450,000 for the Cross-County extension to such

24 system, and $3,450,000 for the St. Charles exten25 sion to such system.
72

•HR 4385 IH

1 (42) ALBANY MULTIMODAL TRANSPORTATION

2 FACILITY.—From funds provided under section

3 3(k)(1)(C), the Secretary shall make available

4 $590,000 for the multimodal transportation facility

5 in Albany, Oregon.

6 (43) MIAMI METRORAIL NORTH CORRIDOR EX7 TENSION.—From funds provided under section

8 3(k)(1)(B) of the Federal Transit Act, the Secretary

9 shall make available $15,000,000 for the northern

10 extension of the Metrorail rapid transit system in

11 Miami, Florida.

12 (44) VALPARAISO-CHICAGO COMMUTER COR13 RIDOR STUDY.—From funds provided under section

14 3(k)(1)(B) of the Federal Transit Act, the Secretary

15 shall make available $56,000 to determine the fea16 sibility of restoring commuter rail service between

17 Valparaiso, Indiana, and Chicago, Illinois.

18 (x) 1996 OLYMPIC AND PARA-OLYMPIC BUS

19 GRANTS.—From funds provided under section 3(k)(1)(C)

20 of the Federal Transit Act, the Secretary shall transfer

21 $16,000,000 to the program being carried out under sec22 tion 9 of such Act to make available $10,400,000 in cap23 ital and operating grants to public entities loaning transit

24 vehicles to the 1996 Olympic games and $5,600,000 in

25 capital and operating grants to public entities loaning
73

•HR 4385 IH

1 transit vehicles to the 1996 Para-Olympic games. The

2 Federal share of such grants shall be 100 percent.

3 (y) CALSTART CONSORTIUM.—From funds pro4 vided under section 3(k)(1)(C) of the Federal Transit Act,

5 the Secretary shall make available $5,000,000 to the

6 CALSTART Consortium to perform the services described

7 in section 6071(c) of the Intermodal Surface Transpor8 tation Efficiency Act of 1991.

9 SEC. 123. MULTIYEAR CONTRACT FOR METRO RAIL

10 PROJECT.

11 Section 3034(b)(3)(A) of the Intermodal Surface

12 Transportation Efficiency Act of 1991 (105 Stat. 2126)

13 is amended by striking ‘‘$695,000,000’’ and inserting

14 ‘‘$720,000,000’’.

15 TITLE II—TECHNICAL CORREC16 TIONS TO ISTEA AND RELAT17 ED LAWS

18 SEC. 201. DEFINITIONS.

19 Section 101(a) of title 23, United States Code, is

20 amended by striking the 1st undesignated paragraph of

21 such section that relates to public lands highways.
74

•HR 4385 IH

1 SEC. 202. REFERENCES TO DWIGHT D. EISENHOWER SYS2 TEM OF INTERSTATE AND DEFENSE HIGH3 WAYS.

4 (a) DECLARATION OF POLICY.—Section 2 of the

5 Intermodal Surface Transportation Efficiency Act of 1991

6 (105 Stat. 1914–1915) is amended—

7 (1) in the 3d undesignated paragraph by strik8 ing ‘‘National System of’’ and inserting ‘‘Dwight D.

9 Eisenhower System of’’; and

10 (2) in the 7th undesignated paragraph by strik11 ing ‘‘Interstate and Defense Highway System’’ and

12 inserting ‘‘Dwight D. Eisenhower System of Inter13 state and Defense Highways’’.

14 (b) COMPLETION OF INTERSTATE SYSTEM.—Section

15 1001 of the Intermodal Surface Transportation Efficiency

16 Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1915–1916)

17 is amended in each of subsections (a) and (b) by striking

18 ‘‘National’’.

19 (c) DEFINITION OF INTERSTATE SYSTEM IN TITLE

20 23.—The undesignated paragraph of section 101(a) of

21 title 23, United States Code, relating to the Interstate

22 System, is amended by striking ‘‘National’’.

23 (d) CONFORMING AMENDMENT TO VEHICLE WEIGHT

24 LIMITATIONS.—Section 127(a) of title 23, United States

25 Code, is amended by striking ‘‘National’’ each place it ap26 pears and inserting ‘‘Dwight D. Eisenhower’’.
75

•HR 4385 IH

1 (e) VEHICLE LENGTH RESTRICTION.—Section 411(j)

2 of the Surface Transportation Assistance Act of 1982 (49

3 U.S.C. App. 2311(j)) is amended in each of paragraphs

4 (1), (5)(D), and (6)(A) by striking ‘‘National’’ and insert5 ing ‘‘Dwight D. Eisenhower’’.

6 (f) LONGER COMBINATION VEHICLE DEFINED.—

7 Section 4007(f) of the Intermodal Surface Transportation

8 Efficiency Act of 1991 (105 Stat. 2153) is amended by

9 striking ‘‘National’’ and inserting ‘‘Dwight D. Eisen10 hower’’.

11 (g) COMMEMORATION.—Section 6012 of the Inter12 modal Surface Transportation Efficiency Act of 1991 (23

13 U.S.C. 101 note; 105 Stat. 2180–2181) is amended—

14 (1) in the section heading by striking ‘‘NA15 TIONAL’’; and

16 (2) in subsection (a) by striking ‘‘National’’.

17 SEC. 203. FEDERAL-AID SYSTEMS.

18 (a) INTERSTATE SYSTEM.—Section 103(e)(1) of title

19 23, United States Code, is amended by striking the next

20 to the last sentence.

21 (b) SUBSTITUTE PROJECTS.—Section 103(e)(4) of

22 such title is amended—

23 (1) in the last sentence of subparagraph (B) by

24 striking ‘‘projects on the Federal-aid secondary sys-
76

•HR 4385 IH

1 tem’’ and inserting ‘‘surface transportation program

2 projects’’;

3 (2) in subparagraph (G) by inserting ‘‘and’’ be4 fore ‘‘$240,000,000’’; and

5 (3) in subparagraph (J)(i) by inserting a

6 comma after ‘‘October 1, 1991’’.

7 SEC. 204. APPORTIONMENT.

8 (a) SET-ASIDE.—Section 104(a) of title 23, United

9 States Code, is amended—

10 (1) by striking ‘‘for the Federal-aid systems’’

11 and inserting ‘‘for this chapter’’; and

12 (2) by striking ‘‘upon the Federal-aid systems’’

13 and inserting ‘‘under this chapter’’.

14 (b) CROSS REFERENCE TO INTERSTATE CONSTRUC15 TION PERIOD OF AVAILABILITY.—Section 104(b)(5)(A) of

16 such title is amended by striking ‘‘118(b)(2)’’ and insert17 ing ‘‘118(b)(1)’’.

18 (c) TECHNICAL AMENDMENT.—Section 104(b)(5)(B)

19 of such title is amended by striking the comma following

20 ‘‘1984’’ each place it appears.

21 (d) REPEAL OF URBAN SYSTEM APPORTIONMENT.—

22 Section 104(b)(6) of such title is repealed.

23 (e) PLANNING SET-ASIDE.—Section 104(f)(3) of

24 such title is amended by striking ‘‘(j)’’.
77

•HR 4385 IH

1 (f) TRANSFERABILITY AMONG SAFETY AND BRIDGE

2 PROGRAMS.—Section 104(g) of such title is amended by

3 striking ‘‘Not more than’’ and all that follows through

4 ‘‘any other of such sections’’ the second place it appears

5 and inserting the following: ‘‘Not more than 40 percent

6 of the amount which is apportioned in any fiscal year to

7 each State under section 144 or which is reserved for such

8 fiscal year under section 133(d)(1) only for carrying out

9 section 130 or 152 may be transferred from the apportion10 ment under section 144 or one of the reservations under

11 section 133(d)(1) to the apportionment or reservation

12 under such other section if such a transfer is requested

13 by the State highway department and is approved by the

14 Secretary as being in the public interest. The Secretary

15 may approve the transfer of 100 percent of the apportion16 ment under section 144 or one of the reservations under

17 section 133(d)(1) to the apportionment or reservation

18 under such other section’’.

19 SEC. 205. PROGRAMS OF PROJECTS.

20 (a) REPEAL OF REQUIREMENT.—Section 105 of title

21 23, United States Code, and the item relating to such sec22 tion in the analysis for chapter 1 of such title are each

23 repealed.

24 (b) CONFORMING AMENDMENTS.—Section 106(a) of

25 such title is amended—
78

•HR 4385 IH

1 (1) by striking ‘‘, as soon as practicable after

2 program approval,’’; and

3 (2) by striking ‘‘included in an approved pro4 gram’’.

5 (c) PRIORITY FOR HIGH PRIORITY SEGMENTS OF

6 CORRIDORS OF NATIONAL SIGNIFICANCE.—Section

7 1105(g)(7) of the Intermodal Surface Transportation Ef8 ficiency Act of 1991 (105 Stat. 2036) is amended to read

9 as follows:

10 ‘‘(7) PRIORITY FOR HIGH PRIORITY SEGMENTS

11 OF CORRIDORS OF NATIONAL SIGNIFICANCE.—In se12 lecting projects for inclusion in a plan or program

13 under chapter 1 of title 23, United States Code, a

14 State may give priority to high priority segments of

15 corridors identified under subsection (c) of this sec16 tion.’’.

17 SEC. 206. ADVANCE ACQUISITION OF RIGHTS-OF-WAY.

18 (a) INTERSTATE SYSTEM.—Section 107(a)(2) of title

19 23, United States Code, is amended by striking ‘‘sub20 section (c)’’ and inserting ‘‘subsection (a)’’.

21 (b) APPORTIONED FUNDS.—Section 108(a) of such

22 title is amended—

23 (1) by striking ‘‘on any Federal-aid highway’’

24 and inserting ‘‘for any project eligible for assistance

25 under this chapter’’;
79

•HR 4385 IH

1 (2) by striking ‘‘on such highway’’ and insert2 ing ‘‘on such project’’; and

3 (3) by striking ‘‘a road’’ and inserting ‘‘the

4 project’’.

5 (c) RIGHT-OF-WAY REVOLVING FUND FUNDS.—Sec6 tion 108(c) of such title is amended—

7 (1) in paragraph (2) by striking ‘‘highways and

8 passenger transit facilities on any Federal-aid sys9 tem’’ and inserting ‘‘any project eligible for assist10 ance under this chapter’’; and

11 (2) in paragraph (3) by striking ‘‘such project

12 for the actual construction’’ and all that follows

13 through ‘‘Secretary’’ the last place it appears and

14 inserting ‘‘actual construction of such project on

15 rights-of-way with respect to which funds are ad16 vanced under this subsection, whichever shall occur

17 first, the right-of-way revolving fund shall be cred18 ited with an amount equal to the Federal share of

19 the funds advanced, as provided in section 120 of

20 this title, out of any funds apportioned under this

21 chapter to the State in which such project is located

22 and available for obligation for such projects and the

23 State shall reimburse the Secretary’’.
80

•HR 4385 IH

1 (d) EARLY ACQUISITION.—Section 108(d)(2)(F) of

2 such title is amended by striking ‘‘this Act’’ and inserting

3 ‘‘this title’’.

4 SEC. 207. STANDARDS.

5 Section 109 of title 23, United States Code, is

6 amended—

7 (1) in subsection (h) by striking ‘‘Federal-aid

8 system’’ and inserting ‘‘Federal-aid highway’’; and

9 (2) in subsection (q) by striking ‘‘under sec10 tions’’ and inserting ‘‘under section’’.

11 SEC. 208. LETTING OF CONTRACTS.

12 Section 112(f) of title 23, United States Code, relat13 ing to applicability to contracts for projects on the second14 ary system, is repealed.

15 SEC. 209. PREVAILING RATE OF WAGE.

16 Section 113 of title 23, United States Code, is

17 amended—

18 (1) in subsection (a) by striking ‘‘highway

19 projects on’’ and all that follows through ‘‘author20 ized under’’ and inserting ‘‘highway projects on Fed21 eral-aid highways authorized under’’;

22 (2) in subsection (a) by striking ‘‘upon the Fed23 eral-aid systems,’’ and inserting ‘‘on Federal-aid

24 highways,’’; and
81

•HR 4385 IH

1 (3) in subsection (b) by striking ‘‘of the Fed2 eral-aid systems’’ and inserting ‘‘Federal-aid high3 way’’.

4 SEC. 210. CONSTRUCTION.

5 Section 114 of title 23, United States Code, is

6 amended—

7 (1) in subsection (a) by striking ‘‘highways or

8 portions of highways located on a Federal-aid sys9 tem’’ and inserting ‘‘Federal-aid highway or portion

10 thereof’’;

11 (2) in subsection (b)(1) by striking ‘‘highways

12 or portions of highways located on a Federal-aid sys13 tem’’ and inserting ‘‘a Federal-aid highway or por14 tion thereof’’; and

15 (3) in subsection (b)(3) by striking ‘‘highways

16 or portions of highways located on a Federal-aid sys17 tem’’ and inserting ‘‘any Federal-aid highway or

18 portion thereof’’.

19 SEC. 211. ADVANCE CONSTRUCTION.

20 Section 115 of title 23, United States Code, is

21 amended—

22 (1) in subsection (a)(2) by striking ‘‘PLANS,

23 SPECIFICATIONS,’’ and inserting ‘‘PROJECT AP24 PROVAL’’; and
82

•HR 4385 IH

1 (2) in subsection (c) by striking ‘‘134,’’ and the

2 second comma after ‘‘144’’.

3 SEC. 212. MAINTENANCE.

4 Section 116 of title 23, United States Code, is

5 amended—

6 (1) by inserting ‘‘highway’’ before ‘‘project’’ the

7 first place it appears in each of subsections (a) and

8 (c);

9 (2) in subsection (a) by striking ‘‘no longer con10 stitutes a part of a Federal-aid system’’ and insert11 ing ‘‘is no longer a Federal-aid highway’’; and

12 (3) in subsection (b) by striking ‘‘the Federal13 aid secondary system’’ and inserting ‘‘a Federal-aid

14 highway’’.

15 SEC. 213. CERTIFICATION ACCEPTANCE.

16 Section 117 of title 23, United States Code, is

17 amended—

18 (1) in subsection (e) by striking ‘‘2000(d)’’ and

19 inserting ‘‘2000d’’; and

20 (2) by striking subsection (f), relating to dis21 charge of the Secretary’s responsibilities with respect

22 to the secondary system.

23 SEC. 214. AVAILABILITY OF FUNDS.

24 (a) PERIOD OF AVAILABILITY.—Section 118(b)(1) of

25 title 23, United States Code, is amended—
83

•HR 4385 IH

1 (1) in the first sentence by striking ‘‘Interstate

2 construction in a State’’ and inserting ‘‘completion

3 of the Interstate System in a State’’; and

4 (2) in the second sentence by inserting ‘‘for

5 completion of the Interstate System’’ after ‘‘shall be

6 allocated’’.

7 (b) SET-ASIDE FOR INTERSTATE CONSTRUCTION

8 PROJECTS.—Section 118(c)(1) of such title is amended by

9 striking the period at the end of the first sentence and

10 all that follows through the period at the end of the second

11 sentence and inserting ‘‘for obligation at the discretion of

12 the Secretary for projects to complete the Interstate Sys13 tem.’’.

14 (c) SET-ASIDE FOR 4R PROJECTS.—Section

15 118(c)(2) of such title is amended by inserting ‘‘of’’ after

16 ‘‘$64,000,000 for each’’.

17 SEC. 215. FEDERAL SHARE.

18 (a) INTERSTATE SYSTEM PROJECTS.—Section

19 120(a) of title 23, United States Code, is amended by in20 serting before ‘‘including a project’’ the following: ‘‘includ21 ing a project the cost for which is included in the 1991

22 interstate cost estimate and’’.

23 (b) SAFETY PROJECTS.—Section 120(c) of such title

24 is amended by striking ‘‘for all the Federal-aid systems’’.
84

•HR 4385 IH

1 (c) EMERGENCY RELIEF.—The first sentence of sec2 tion 120(e) of such title is amended—

3 (1) by striking ‘‘system, including’’ and insert4 ing ‘‘, including a highway on’’;

5 (2) by striking ‘‘on a project on such system’’;

6 (3) by striking ‘‘and (c)’’ and inserting ‘‘and

7 (b)’’; and

8 (4) by striking ‘‘90 days’’ and inserting ‘‘180

9 days’’.

10 (d) PLANNING PROJECTS.—Section 120 of such title

11 is amended by adding at the end the following new sub12 section:

13 ‘‘(j) PLANNING PROJECTS.—The Federal share pay14 able on account of any project to be carried out with funds

15 set aside under section 104(f) of this title shall be 80 per16 cent of the costs thereof unless the Secretary determines

17 that the interest of the Federal-aid highway program

18 would best be served by decreasing or eliminating the non19 Federal share of such costs.’’.

20 (e) CONFORMING AMENDMENT.—Section 208(2) of

21 the Demonstration Cities and Metropolitan Development

22 Act of 1966 (42 U.S.C. 3338(2)) is amended by striking

23 ‘‘section 120(a) of title 23, United States Code;’’.
85

•HR 4385 IH

1 SEC. 216. PAYMENT TO STATES FOR CONSTRUCTION.

2 Section 121 of title 23, United States Code, is

3 amended—

4 (1) in subsection (b) by striking ‘‘After’’ and

5 inserting ‘‘Except as otherwise provided in this title,

6 after’’; and

7 (2) in subsection (c) by striking ‘‘Federal-aid

8 system’’ and inserting ‘‘Federal-aid highway’’.

9 SEC. 217. RELOCATION OF UTILITY FACILITIES.

10 Section 123(a) of title 23, United States Code, is

11 amended—

12 (1) by striking ‘‘on any Federal-aid system’’

13 and inserting ‘‘eligible for assistance under this

14 chapter’’; and

15 (2) by striking the last sentence.

16 SEC. 218. ADVANCES TO STATES.

17 Section 124(a) of title 23, United States Code, is

18 amended by striking ‘‘projects on any of the Federal-aid

19 systems, including the Interstate System, he’’ and insert20 ing ‘‘a project eligible for assistance under this title, the

21 Secretary’’.

22 SEC. 219. EMERGENCY RELIEF.

23 (a) TECHNICAL AMENDMENT.—The first sentence of

24 section 125(b) of title 23, United States Code, is amended

25 by striking all preceding ‘‘Provided’’ and inserting the fol26 lowing: ‘‘The Secretary may expend funds from the emer-
86

•HR 4385 IH

1 gency fund herein authorized for projects for repair or re2 construction on Federal-aid highways in accordance with

3 the provisions of this chapter:’’.

4 (b) CONFORMING AMENDMENTS.—Section 125(b) of

5 such title is further amended—

6 (1) by striking ‘‘authorized’’ in the second sen7 tence and all that follows through the period at the

8 end of such sentence and inserting ‘‘authorized on

9 Federal-aid highways.’’; and

10 (2) by striking ‘‘the Disaster Relief and Emer11 gency Assistance Act (Public Law 93–288)’’ and in12 serting ‘‘The Robert T. Stafford Disaster Relief and

13 Emergency Assistance Act’’.

14 SEC. 220. APPLICABILITY OF AXLE WEIGHT LIMITATIONS.

15 (a) WISCONSIN STATE ROUTE 78 AND UNITED

16 STATES ROUTE 51.—Section 127 of title 23, United

17 States Code, is amended by adding at the end the follow18 ing new subsection:

19 ‘‘(f) OPERATION OF CERTAIN SPECIALIZED HAULING

20 VEHICLES ON CERTAIN WISCONSIN HIGHWAYS.—If the

21 104-mile portion of Wisconsin State Route 78 and United

22 States Route 51 between Interstate Route 94 near Por23 tage, Wisconsin, and Wisconsin State Route 29 south of

24 Wausau, Wisconsin, is designated as part of the Interstate

25 System under section 139(a) of title 23, United States
87

•HR 4385 IH

1 Code, the single axle, tandem axle, gross vehicle weight,

2 and bridge formula limits set forth in subsection (a) shall

3 not apply to the operation on such 104-mile portion of

4 any vehicle which could legally operate on such 104-mile

5 portion before the date of the enactment of this sub6 section.’’.

7 (b) VEHICLE WEIGHT LIMITATIONS IN THE STATE

8 OF OHIO.—

9 (1) REVIEW.—The Secretary of Transportation

10 shall review the Federal and State commercial motor

11 vehicle weight limitations applicable to Federal-aid

12 highways in the State of Ohio.

13 (2) WAIVER AUTHORITY.—If the Secretary of

14 Transportation determines, on the basis of the re15 view conducted under paragraph (1), that it is in the

16 public interest, the Secretary may waive application

17 of the vehicle weight limitations of section 127(a) of

18 title 23, United States Code, and of the State cer19 tification requirements of sections 141(b) and 141(c)

20 of such title, in whole or in part, to highways on the

21 Dwight D. Eisenhower System of Interstate and De22 fense Highways in the State of Ohio for short wheel23 base vehicles for such period as the Secretary deter24 mines may be necessary to permit a reasonable pe-
88

•HR 4385 IH

1 riod of depreciation for short wheel-base vehicles

2 purchased before October 1, 1991.

3 (3) MORATORIUM ON WITHHOLDING OF

4 FUNDS.—Until the Secretary of Transportation

5 makes a determination relating to the public interest

6 under paragraph (2), the Secretary shall not with7 hold funds under section 127(a) or 141(c) of title

8 23, United States Code, from apportionment to the

9 State of Ohio for failure to comply with such section

10 with respect to short wheel-base vehicles.

11 (c) TECHNICAL AMENDMENTS.—Section 127 of title

12 23, United States Code, is amended—

13 (1) in subsection (a) by striking ‘‘118(b)(1)’’

14 and inserting ‘‘118(b)(2)’’; and

15 (2) in subsection (d)(1)(E) by striking ‘‘July 5,

16 1991’’ and inserting ‘‘July 6, 1991’’.

17 SEC. 221. TOLL ROADS.

18 (a) USE OF REVENUES.—Section 129(a)(3) of title

19 23, United States Code, is amended by striking ‘‘all toll

20 revenues received’’ and all that follows through the period

21 at the end of the first sentence and inserting the following:

22 ‘‘toll revenues received from operation of the toll facility

23 will be used for financing and any other obligations in re24 spect of the facility, for reserves, for reasonable return to

25 investors financing the project (as determined by the
89

•HR 4385 IH

1 State), and for the costs necessary for the proper oper2 ation and maintenance of the toll facility, including recon3 struction, resurfacing, restoration, and rehabilitation.’’.

4 (b) REFERENCE TO FEDERAL-AID HIGHWAYS.—The

5 last sentence of section 129(a)(4) of such title is amended

6 by striking ‘‘the Federal-aid system’’ and inserting ‘‘Fed7 eral-aid highways’’.

8 (c) LOANS.—Section 129(a)(7) of such title is

9 amended—

10 (1) by inserting ‘‘or commit to loan’’ after

11 ‘‘loan’’ the first place it appears;

12 (2) by striking ‘‘agency’’ each place it appears

13 and inserting ‘‘entity’’;

14 (3) by inserting after ‘‘constructing’’ the first

15 place it appears ‘‘or proposing to construct’’;

16 (4) by striking ‘‘all Federal environmental re17 quirements have been complied with and permits ob18 tained’’ and inserting ‘‘the National Environmental

19 Policy Act of 1969 has been complied with’’;

20 (5) by inserting ‘‘to a private entity’’ after

21 ‘‘Any such loan’’;

22 (6) by inserting after the fifth sentence the fol23 lowing new sentence: ‘‘Any such loan to a public en24 tity shall bear interest at such rate as the State de25 termines appropriate.’’; and
90

•HR 4385 IH

1 (7) by striking ‘‘the time the loan was obli2 gated’’ and inserting ‘‘the date of the initial funding

3 of the loan’’.

4 (d) CONSTRUCTION OF FERRY BOATS AND FERRY

5 TERMINAL FACILITIES.—Section 129 of such title is

6 amended—

7 (1) in the first sentence of subsection (b) by

8 striking ‘‘the route of which’’ and all that follows

9 through the period at the end of such sentence and

10 inserting ‘‘the route of which has been classified as

11 a public road and has not been designated as a route

12 on the Interstate System.’’; and

13 (2) in subsection (c)(4) by striking ‘‘and’’ pre14 ceding ‘‘repair’’.

15 (e) PILOT PROGRAM.—Section 129(d) of such title

16 is amended—

17 (1) in each of paragraphs (1) and (3) by strik18 ing ‘‘7’’ and inserting ‘‘9’’;

19 (2) in paragraph (3) by striking ‘‘State of

20 Pennsylvania’’ each place it appears and inserting

21 ‘‘States of Pennsylvania and West Virginia’’; and

22 (3) in paragraph (3) by inserting ‘‘the’’ before

23 ‘‘State of Georgia’’.

24 (f) TREATMENT OF CENTENNIAL BRIDGE, ROCK IS25 LAND, ILLINOIS, AGREEMENT.—For purposes of section
91

•HR 4385 IH

1 129(a)(6) of title 23, United States Code, the agreement

2 concerning the Centennial Bridge, Rock Island, Illinois,

3 entered into under the Act entitled ‘‘An Act authorizing

4 the city of Rock Island, Illinois, or its assigns, to con5 struct, maintain, and operate a toll bridge across the Mis6 sissippi River at or near Rock Island, Illinois, and to a

7 place at or near the city of Davenport, Iowa’’, approved

8 March 18, 1938 (52 Stat. 110), shall be treated as if such

9 agreement had been entered into under section 129 of title

10 23, United States Code, as in effect on December 17,

11 1991, and may be modified accordingly.

12 (g) TREATMENT OF I–95 AND PENNSYLVANIA TURN13 PIKE.—For purposes of section 129 of title 23, United

14 States Code, the project for construction of an interchange

15 between Interstate Route 95 and the Pennsylvania Turn16 pike shall be treated as a reconstruction project described

17 in section 129(a)(1)(B) of such title.

18 SEC. 222. RAIL-HIGHWAY CROSSINGS.

19 Section 130 of title 23, United States Code, is

20 amended—

21 (1) in subsection (a) by striking ‘‘Except as

22 provided in subsection (d) of’’ and inserting ‘‘Sub23 ject to’’;

24 (2) in subsection (a) by striking ‘‘entire’’ each

25 place it appears;
92

•HR 4385 IH

1 (3) in subsection (a) by striking ‘‘except as pro2 vided in subsection (d) of’’ and inserting ‘‘subject

3 to’’;

4 (4) in subsection (e) by striking ‘‘authorized for

5 and’’;

6 (5) in subsection (e) by striking the last sen7 tence;

8 (6) by striking subsection (f) and redesignating

9 subsections (g) and (h) as subsections (f) and (g),

10 respectively; and

11 (7) in subsection (f) as so redesignated by strik12 ing ‘‘railroad highway’’ and inserting ‘‘railroad-high13 way’’.

14 SEC. 223. SURFACE TRANSPORTATION PROGRAM.

15 (a) STATE CERTIFICATION.—Section 133 of title 23,

16 United States Code, is amended—

17 (1) in subsection (c) by striking ‘‘subsections

18 (b) (3) and (4)’’ and inserting ‘‘subsections (b)(3)

19 and (b)(4)’’;

20 (2) in subsection (d)(3)(B) by striking ‘‘tobe’’

21 and inserting ‘‘to be’’; and

22 (3) in subsection (e)(2) by inserting after ‘‘each

23 State’’ the following: ‘‘or the designated transpor24 tation authority of the State’’.
93

•HR 4385 IH

1 (b) TECHNICAL AMENDMENT.—Section 1007(b)(1)

2 of the Intermodal Surface Transportation Efficiency Act

3 of 1991 (105 Stat. 1930) is amended—

4 (1) by striking ‘‘104(b)(3)’’ and inserting

5 ‘‘104(b)’’; and

6 (2) by striking ‘‘to read as follows’’ and insert7 ing ‘‘by inserting after paragraph (2) the following

8 new paragraph’’.

9 SEC. 224. METROPOLITAN PLANNING.

10 (a) TECHNICAL AMENDMENTS.—Section 134 of title

11 23, United States Code, is amended—

12 (1) in each of subsections (b)(2), (b)(3), and

13 (h)(4) by striking ‘‘the date of the enactment of this

14 section’’ and inserting ‘‘December 18, 1991’’;

15 (2) in each of subsections (b)(3)(B) and

16 (g)(2)(B) by striking ‘‘long-range’’ and inserting

17 ‘‘long range’’;

18 (3) in subsection (f)(11) by inserting ‘‘pas19 sengers and’’ before ‘‘freight’’;

20 (4) in subsection (g)(5) by redesignating sub21 paragraphs (i) and (ii) as subparagraphs (A) and

22 (B); and

23 (5) in subsection (k) by striking ‘‘the Federal24 Aid Highway Act of 1991’’ and inserting ‘‘this

25 title’’.
94

•HR 4385 IH

1 (b) FACTORS TO BE CONSIDERED.—Section 134(f)

2 of such title is amended by adding at the end the following

3 new paragraph:

4 ‘‘(16) Recreational travel and tourism.’’.

5 (c) TRANSFER OF FUNDS.—Section 134(k) of such

6 title is amended by striking the last sentence.

7 (d) CONFORMING CHAPTER ANALYSIS AMEND8 MENT.—The analysis for chapter 1 of such title is amend9 ed by striking

‘‘134. Transportation planning in certain urban areas.’’

10 and inserting

‘‘134. Metropolitan planning.’’.

11 SEC. 225. STATEWIDE PLANNING.

12 Section 135 of title 23, United States Code, is

13 amended—

14 (1) in subsection (c) by striking paragraph (1)

15 and inserting the following new paragraph:

16 ‘‘(1) The transportation needs identified

17 through use of the management systems required by

18 section 303 of this title.’’;

19 (2) in subsection (c)(5) by inserting after

20 ‘‘nonmetropolitan areas’’ the following: ‘‘, including

21 the identification of a rural priority local road and

22 bridge system,’’;
95

•HR 4385 IH

1 (3) in subsection (c) by striking paragraph (15)

2 and redesignating paragraphs (16) through (20) as

3 paragraphs (15) through (19), respectively;

4 (4) in subsection (c)(18), as so redesignated, by

5 striking ‘‘commercial motor vehicles’’ and inserting

6 ‘‘passengers and freight’’;

7 (5) in subsection (d)(3) by striking ‘‘concerns’’

8 and inserting ‘‘transportation needs’’;

9 (6) in each of subsections (e) and (f)(1) by in10 serting ‘‘Indian tribal governments,’’ after ‘‘private

11 providers of transportation,’’; and

12 (7) in subsection (h)—

13 (A) by striking ‘‘United States Code,’’ and

14 inserting ‘‘other Federal laws, and’’;

15 (B) by striking ‘‘this Act’’ and inserting

16 ‘‘this title’’; and

17 (C) by striking ‘‘or section 8 of such Act,’’

18 and inserting ‘‘of this title, or section 8 of the

19 Federal Transit Act,’’.

20 SEC. 226. CONTROL OF JUNKYARDS.

21 (a) STRICTER STATE STANDARDS.—Section 136(l) of

22 title 23, United States Code, is amended by striking ‘‘the

23 Federal-aid highway systems’’ and inserting ‘‘Federal-aid

24 highways’’.
96

•HR 4385 IH

1 (b) PRIMARY SYSTEM DEFINED.—Section 136 of

2 such title is amended by adding at the end the following

3 new subsection:

4 ‘‘(n) PRIMARY SYSTEM DEFINED.—For purposes of

5 this section, the term ‘primary system’ means the Federal6 aid primary system in existence on June 1, 1991, and any

7 highway which is not on such system but which is on the

8 National Highway System.’’.

9 SEC. 227. NONDISCRIMINATION.

10 (a) STATE ASSURANCES.—Section 140(a) of title 23,

11 United States Code, is amended by striking ‘‘any of the

12 Federal-aid systems’’ and inserting ‘‘Federal-aid high13 ways’’.

14 (b) TRAINING.—Section 140(b) of such title is

15 amended—

16 (1) by striking ‘‘for the surface transportation

17 program’’; and

18 (2) by striking ‘‘the bridge program’’.

19 SEC. 228. ENFORCEMENT OF REQUIREMENTS.

20 Section 141(b) of title 23, United States Code, is

21 amended by striking ‘‘the Federal-aid primary system’’

22 and all that follows through ‘‘including’’ and inserting

23 ‘‘Federal-aid highways, including highways on’’.
97

•HR 4385 IH

1 SEC. 229. AVAILABILITY OF RIGHTS-OF-WAY.

2 Section 142 of title 23, United States Code, is

3 amended—

4 (1) in subsection (a)(2) by striking ‘‘the sur5 face’’ and inserting ‘‘surface’’; and

6 (2) in subsection (f) by striking ‘‘exits’’ and in7 serting ‘‘exists’’.

8 SEC. 230. HIGHWAY BRIDGE PROGRAM.

9 (a) SET-ASIDES.—Section 144(g) of title 23, United

10 States Code, is amended—

11 (1) in paragraph (1) by striking ‘‘103’’ and in12 serting ‘‘1003’’;

13 (2) in paragraph (3) by striking ‘‘OFF-SYSTEM

14 BRIDGES’’ and inserting ‘‘BRIDGES NOT ON FED15 ERAL-AID HIGHWAYS’’;

16 (3) in paragraph (3) by striking ‘‘, other than

17 those on a Federal-aid system’’ and inserting ‘‘that

18 are functionally classified as local or rural minor col19 lectors’’; and

20 (4) in paragraph (3) by striking ‘‘bridges not

21 on a Federal-aid system’’ and inserting ‘‘such

22 bridges’’.

23 (b) CROSS REFERENCE.—Section 144(i) of such title

24 is amended by striking ‘‘307(e)’’ and inserting ‘‘307(h)’’.

25 (c) CONTINUATION OF EXISTING BRIDGE APPOR26 TIONMENT CRITERIA.—The criteria for apportionment of
98

•HR 4385 IH

1 funds used by the Department of Transportation under

2 section 144 of title 23, United States Code, as in effect

3 on September 30, 1991, shall remain in effect until Sep4 tember 30, 1997, or until changed by law, whichever oc5 curs first.

6 SEC. 231. GREAT RIVER ROAD.

7 Section 148(a)(1) of title 23, United States Code, is

8 amended by striking ‘‘centers of the State’’ and inserting

9 ‘‘centers of the States’’.

10 SEC. 232. HAZARD ELIMINATION PROGRAM.

11 Section 152 of title 23, United States Code, is

12 amended—

13 (1) in subsection (c) by striking ‘‘authorized’’

14 and inserting ‘‘available’’; and

15 (2) by striking subsections (d) and (e) and re16 designating subsections (f), (g), and (h) as sub17 sections (d), (e), and (f), respectively.

18 SEC. 233. USE OF SAFETY BELTS AND MOTORCYCLE HEL19 METS.

20 (a) REFERENCE TO DATE OF ENACTMENT.—Section

21 153 of title 23, United States Code, is amended—

22 (1) in subsection (c) by striking ‘‘the date of

23 the enactment of this section’’ and inserting ‘‘De24 cember 31, 1991’’; and
99

•HR 4385 IH

1 (2) in subsection (i)(3) by striking ‘‘the date of

2 the enactment of this section’’ and inserting ‘‘De3 cember 31, 1991,’’.

4 (b) ELIGIBILITY FOR GRANTS.—Section 153(f)(2) of

5 such title is amended by striking ‘‘at all times’’ each place

6 it appears.

7 (c) PENALTIES.—Section 153(h) of such title is

8 amended—

9 (1) in paragraph (1) by striking ‘‘at any time

10 in’’ and inserting ‘‘by the last day of’’;

11 (2) in paragraph (2) by inserting ‘‘by the last

12 day of fiscal year 1995 or’’ after ‘‘If,’’;

13 (3) in paragraph (2) by striking ‘‘1994,’’ and

14 inserting ‘‘1995,’’; and

15 (4) in paragraph (4)(A) by striking ‘‘under sec16 tion 402’’ and inserting ‘‘by this subsection’’.

17 (d) DEFINITIONS.—Section 153(i) of such title is

18 amended by adding at the end the following new para19 graph:

20 ‘‘(5) STATE.—The term ‘State’ has the mean21 ing such term has under chapter 4 of this title.’’.

22 SEC. 234. NATIONAL MAXIMUM SPEED LIMIT.

23 (a) EXISTING PROGRAM.—Section 154(a)(1) of title

24 23, United States Code, is amended by striking ‘‘on the

25 Interstate System’’ and all that follows through ‘‘or more’’
100

•HR 4385 IH

1 and inserting ‘‘described in clause (2) or (3) of this sub2 section’’.

3 (b) NEW PROGRAM.—Section 1029 of the Intermodal

4 Surface Transportation Efficiency Act of 1991 (105 Stat.

5 1968–1970) is amended—

6 (1) in subsection (c)(1)(A) by inserting ‘‘of a

7 State’’ after ‘‘apportionments’’;

8 (2) in subsection (c)(1)(A) by striking ‘‘if a

9 State’’ and inserting ‘‘to the apportionment of the

10 State under section 402 of such title if the State’’;

11 (3) in subsection (c) by redesignating para12 graphs (2) and (3) as paragraphs (3) and (4), re13 spectively; and

14 (4) by inserting after paragraph (1) of sub15 section (c) the following new paragraph:

16 ‘‘(2) LIMITATION ON USE OF FUNDS.—

17 ‘‘(A) GENERAL RULE.—A State must obli18 gate at least 50 percent of its funds transferred

19 pursuant to this subsection for a fiscal year for

20 speed limit enforcement and public information

21 and education.

22 ‘‘(B) WAIVER.—Upon request of a State,

23 the Secretary may waive the requirement of

24 subparagraph (A) for any fiscal year if in the

25 preceding fiscal year the State was in compli-
101

•HR 4385 IH

1 ance with the speed limit requirements estab2 lished pursuant to paragraph (1).’’.

3 SEC. 235. MINIMUM ALLOCATION.

4 Section 157 of title 23, United States Code, is

5 amended—

6 (1) in subsection (a)(2) by striking ‘‘118(b)(2)’’

7 and inserting ‘‘118(b)(1)’’;

8 (2) in subsection (a)(3)(A) by striking ‘‘year

9 1989’’ and inserting ‘‘years 1989’’; and

10 (3) by striking subsection (c) and redesignating

11 subsections (d) and (e) as subsections (c) and (d),

12 respectively.

13 SEC. 236. NATIONAL MINIMUM DRINKING AGE.

14 Section 158 of title 23, United States Code, is

15 amended—

16 (1) in subsection (a) by striking ‘‘104(b)(5),

17 and 104(b)(6)’’ each place it appears and inserting

18 ‘‘104(b)(3), and 104(b)(5)’’;

19 (2) in subsection (b)(1)(A)(iii) by striking

20 ‘‘104(b)(6)’’ and inserting ‘‘104(b)(3)’’;

21 (3) in subsection (b)(3)(B) by striking

22 ‘‘104(b)(5)(B), or 104(b)(6)’’ and inserting

23 ‘‘104(b)(3), or 104(b)(5)(B)’’; and

24 (4) in each of subsections (b)(3) and (b)(4) by

25 striking ‘‘118(b)’’ and inserting ‘‘118’’.
102

•HR 4385 IH

1 SEC. 237. REVOCATION OF DRIVERS’ LICENSES OF INDIVID2 UALS CONVICTED OF DRUG OFFENSES.

3 Section 159 of title 23, United States Code, is

4 amended in each of subsections (b)(3) and (b)(4) by strik5 ing ‘‘118(b)’’ and inserting ‘‘118’’.

6 SEC. 238. REIMBURSEMENT FOR SEGMENTS OF INTER7 STATE SYSTEM CONSTRUCTED WITHOUT

8 FEDERAL ASSISTANCE.

9 Section 160 of title 23, United States Code, is

10 amended—

11 (1) in subsection (b) by striking ‘‘The amount’’

12 and inserting ‘‘Subject to subsection (g), the

13 amount’’; and

14 (2) by adding at the end the following new sub15 section:

16 ‘‘(g) PUERTO RICO.—Notwithstanding any other pro17 vision of this section, Puerto Rico shall receive in a fiscal

year 1 18 ⁄2 of 1 percent of the amounts appropriated pursu19 ant to subsection (f) for such fiscal year. No State (includ20 ing the District of Columbia) which has a reimbursement

21 percentage in the table contained in subsection (c) of 0.50

22 shall have its reimbursement amount in fiscal years 1996

23 and 1997 reduced as a result of the enactment of the pre24 ceding sentence.’’.
103

•HR 4385 IH

1 SEC. 239. FEDERAL LANDS HIGHWAY PROGRAM.

2 (a) PUBLIC LANDS HIGHWAYS ALLOCATION.—Sec3 tion 202(b) of title 23, United States Code, is amended

4 by striking ‘‘66 percent of the remainder’’ and inserting

5 ‘‘the remaining 66 percent’’.

6 (b) AVAILABILITY OF FUNDS.—Section 203 of such

7 title is amended by striking the comma preceding ‘‘forest

8 development’’ each place it appears.

9 (c) PURPOSES FOR WHICH FUNDS MAY BE USED.—

10 Section 204(b) of such title is amended—

11 (1) by striking ‘‘construction and improvement’’

12 each place it appears and inserting ‘‘planning, re13 search, engineering, and construction’’; and

14 (2) by striking ‘‘construction or improvement’’

15 and inserting ‘‘planning, research, engineering, or

16 construction’’.

17 (d) APPROVAL OF INDIAN RESERVATION ROAD

18 PROJECTS.—Section 204(c) of such title is amended by

19 inserting ‘‘of’’ after ‘‘15 percent’’.

20 (e) OBLIGATION OF FUNDS.—Section 204 of such

21 title is amended by adding at the end the following new

22 subsection:

23 ‘‘(k) OBLIGATION OF FUNDS.—Notwithstanding any

24 other provision of law, funds available for Federal lands

25 highway programs shall be treated as obligated if—
104

•HR 4385 IH

1 ‘‘(1) the Secretary authorizes engineering and

2 related work for a particular project; or

3 ‘‘(2) the Secretary approves plans, specifica4 tions, and estimates for procurement of construction

5 under section 106 or 117 of this title.’’.

6 (f) REFERENCE TO PARK ROADS.—Section

7 1003(a)(6)(C) of the Intermodal Surface Transportation

8 Efficiency Act of 1991 (105 Stat. 1919) is amended—

9 (1) by striking ‘‘HIGHWAYS’’ in the subpara10 graph heading and inserting ‘‘ROADS’’; and

11 (2) by striking ‘‘highways’’ the place it appears

12 preceding ‘‘$69,000,000’’ and inserting ‘‘roads’’.

13 (g) TECHNICAL AMENDMENT.—Section 1032(b)(2)

14 (A) of such Act (105 Stat. 1974) is amended by striking

15 ‘‘improvements’’ and inserting ‘‘improvement’’.

16 SEC. 240. BICYCLE TRANSPORTATION AND PEDESTRIAN

17 WALKWAY.

18 Section 217 of title 23, United States Code, is

19 amended—

20 (1) in subsection (b) by inserting ‘‘pedestrian

21 walkways and’’ before ‘‘bicycle transportation facili22 ties’’;

23 (2) in subsection (f) by striking ‘‘and the Fed24 eral share’’ and all that follows through ‘‘80 per25 cent’’;
105

•HR 4385 IH

1 (3) by redesignating subsection (j) as sub2 section (k); and

3 (4) by inserting after subsection (i) the follow4 ing new subsection:

5 ‘‘(j) INCLUSION OF PEDESTRIAN WALKWAYS AND BI6 CYCLE TRANSPORTATION FACILITIES IN PLANNING.—

7 ‘‘(1) GENERAL RULE.—The Secretary may not

8 approve under this chapter a highway project for

9 new construction or reconstruction within the bound10 aries of a State along which a pedestrian walkway

11 or bicycle transportation facility is required to be in12 cluded under the State’s transportation improvement

13 plan developed under section 135 unless such pedes14 trian walkway or bicycle transportation facility is

15 part of such highway project.

16 ‘‘(2) EXCEPTION.—The Secretary does not have

17 to approve a project for construction of a pedestrian

18 walkway or bicycle transportation facility under

19 paragraph (1)—

20 ‘‘(A) if the Secretary determines that such

21 construction is not feasible or that use of the

22 walkway or facility would pose a safety risk to

23 pedestrians or bicyclists, as the case may be; or
106

•HR 4385 IH

1 ‘‘(B) the Secretary determines that there

2 will be no substantial transportation or recre3 ation benefit resulting from the project.’’.

4 SEC. 241. STATE HIGHWAY DEPARTMENT.

5 Section 302(b) of title 23, United States Code, is

6 amended by striking ‘‘on the Federal-aid secondary sys7 tem, financed with secondary funds,’’ and inserting ‘‘not

8 on the National Highway System’’.

9 SEC. 242. MANAGEMENT SYSTEMS.

10 Section 303 of title 23, United States Code, is

11 amended in each of subsections (a) and (b) by striking

12 ‘‘1 year after the date of the enactment of this section’’

13 and inserting ‘‘December 18, 1992’’.

14 SEC. 243. STATE PLANNING AND RESEARCH.

15 Section 307 of title 23, United States Code, is

16 amended—

17 (1) in subsection (c)(1) by striking ‘‘104’’ and

18 inserting ‘‘104(b)’’;

19 (2) in subsection (e)(3)(C) by striking ‘‘climac20 tic’’ and inserting ‘‘climatic’’;

21 (3) in subsection (e)(13) by striking the

22 quotation marks preceding ‘‘$35,000,000’’;

23 (4) in subsection (f)(2) by striking ‘‘section’’

24 the first place it appears and inserting ‘‘paragraph’’;
107

•HR 4385 IH

1 (5) in the heading to subsection (f)(3) by in2 serting ‘‘EARTHQUAKE’’ after ‘‘NATIONAL’’; and

3 (6) in subsection (f)(3) by inserting ‘‘Earth4 quake’’ after ‘‘National’’.

5 SEC. 244. APPROPRIATION FOR HIGHWAY PURPOSES OF

6 FEDERAL LANDS.

7 Section 317(d) of title 23, United States Code, is

8 amended by striking ‘‘system’’ and inserting ‘‘highway’’.

9 SEC. 245. INTERNATIONAL HIGHWAY TRANSPORTATION

10 OUTREACH PROGRAM.

11 Section 325(a)(5) of title 23, United States Code, is

12 amended by striking ‘‘the date of the enactment of this

13 section’’ and inserting ‘‘December 18, 1991’’.

14 SEC. 246. HIGHWAY SAFETY PROGRAMS.

15 (a) IN GENERAL.—Section 402 of title 23, United

16 States Code, is amended to read as follows:

17 ‘‘§ 402. Highway safety programs

18 ‘‘(a) IN GENERAL.—Each State shall have a highway

19 safety program approved by the Secretary which is de20 signed to reduce traffic accidents and deaths, injuries, and

21 property damage resulting therefrom.

22 ‘‘(b) UNIFORM GUIDELINES.—

23 ‘‘(1) REQUIREMENT.—The State highway safe24 ty programs approved under this section shall be in
108

•HR 4385 IH

1 accordance with uniform guidelines promulgated by

2 the Secretary.

3 ‘‘(2) PERFORMANCE CRITERIA.—The uniform

4 guidelines shall be expressed in terms of perform5 ance criteria.

6 ‘‘(3) PURPOSES.—The uniform guidelines shall

7 include, at a minimum, criteria relating to—

8 ‘‘(A) reducing injuries and deaths resulting

9 from motor vehicles being driven in excess of

10 posted speed limits;

11 ‘‘(B) encouraging the proper use of occu12 pant protection devices (including the use of

13 safety belts and child restraint systems) by oc14 cupants of motor vehicles and increasing public

15 awareness of the benefit of motor vehicles

16 equipped with airbags;

17 ‘‘(C) reducing deaths and injuries resulting

18 from persons driving motor vehicles while im19 paired by alcohol or a controlled substance;

20 ‘‘(D) reducing deaths and injuries result21 ing from accidents involving motorcycles;

22 ‘‘(E) reducing injuries and deaths resulting

23 from accidents involving school buses; and
109

•HR 4385 IH

1 ‘‘(F) improving law enforcement services in

2 motor vehicle accident prevention, traffic super3 vision, and post-accident procedures.

4 ‘‘(4) EFFECTIVENESS DETERMINATION.—A

5 State highway safety program relating to a guideline

6 established pursuant to paragraph (3) shall be con7 sidered a most effective program for purposes of

8 subsection (i) unless the Secretary determines, after

9 a rulemaking process under subsection (i), that it

10 should not be so considered and submits a report to

11 Congress describing the reasons for the determina12 tion.

13 ‘‘(5) ADDITIONAL PURPOSES.—The uniform

14 guidelines may include provisions to improve driver

15 performance (including driver education, driver test16 ing to determine proficiency to operate motor vehi17 cles, driver examinations (both physical and mental)

18 and driver licensing) and to improve pedestrian per19 formance and bicycle safety. In addition the uniform

20 guidelines may include provisions for an effective

21 record system of accidents (including injuries and

22 deaths resulting therefrom), accident investigations

23 to determine the probable causes of accidents, inju24 ries, and deaths, vehicle registration, operation, and

25 inspection, highway design and maintenance (includ-
110

•HR 4385 IH

1 ing lighting, markings, and surface treatment), traf2 fic control, vehicle codes and laws, surveillance of

3 traffic for detection and correction of high or poten4 tially high accident locations, and emergency serv5 ices.

6 ‘‘(6) APPLICABILITY TO FEDERALLY ADMINIS7 TERED AREAS.—The uniform guidelines which are

8 applicable to State highway safety programs shall, to

9 the extent determined appropriate by the Secretary,

10 be applicable to federally administered areas where

11 a Federal department or agency controls the high12 ways or supervises traffic operations.

13 ‘‘(7) LIMITATION ON STATUTORY CONSTRUC14 TION.—Implementation of a highway safety program

15 under this section shall not be construed to require

16 the Secretary to require compliance with every uni17 form guideline, or with every element of every uni18 form guideline, in every State.

19 ‘‘(8) COOPERATION IN PROMULGATION.—Uni20 form guidelines promulgated by the Secretary to

21 carry out this section shall be developed in coopera22 tion with the States, their political subdivisions, ap23 propriate Federal departments and agencies, and

24 such other public and private organizations as the

25 Secretary deems appropriate.
111

•HR 4385 IH

1 ‘‘(9) ASSISTANCE OF OTHER FEDERAL DEPART2 MENTS.—The Secretary may make arrangements

3 with other Federal departments and agencies for as4 sistance in the preparation of uniform guidelines for

5 the highway safety programs contemplated by this

6 subsection and in the administration of such pro7 grams. Such departments and agencies are directed

8 to cooperate in such preparation and administration,

9 on a reimbursable basis.

10 ‘‘(c) REQUIREMENTS FOR APPROVAL.—

11 ‘‘(1) IN GENERAL.—The Secretary may not ap12 prove a State highway safety program under this

13 section which does not—

14 ‘‘(A) provide that the Governor of the

15 State shall be responsible for the administration

16 of the program through a State highway safety

17 agency which shall have adequate powers and

18 be suitably equipped and organized to carry

19 out, to the satisfaction of the Secretary, such

20 program;

21 ‘‘(B) authorize political subdivisions of the

22 State to carry out local highway safety pro23 grams within their jurisdictions as a part of the

24 State highway safety program if such local

25 highway safety programs are approved by the
112

•HR 4385 IH

1 Governor and are in accordance with the uni2 form guidelines promulgated by the Secretary

3 under this section;

4 ‘‘(C) except as provided in paragraph (2),

5 provide that at least 40 percent of all Federal

6 funds apportioned under this section to the

7 State for any fiscal year will be expended by the

8 political subdivisions of the State, including In9 dian tribal governments, in carrying out local

10 highway safety programs authorized in accord11 ance with subparagraph (B); and

12 ‘‘(D) provide adequate and reasonable ac13 cess for the safe and convenient movement of

14 individuals with disabilities, including those in

15 wheelchairs, across curbs constructed or re16 placed on or after July 1, 1976, at all pedes17 trian crosswalks throughout the State.

18 ‘‘(2) WAIVER.—The Secretary may waive the

19 requirement of paragraph (1)(C), in whole or in

20 part, for a fiscal year for any State whenever the

21 Secretary determines that there is an insufficient

22 number of local highway safety programs to justify

23 the expenditure in the State of such percentage of

24 Federal funds during the fiscal year.
113

•HR 4385 IH

1 ‘‘(3) USE OF TECHNOLOGY FOR TRAFFIC EN2 FORCEMENT.—The Secretary may encourage States

3 to use technologically advanced traffic enforcement

4 devices (including the use of automatic speed detec5 tion devices such as photo-radar) by law enforcement

6 officers.

7 ‘‘(d) DATA COLLECTION AND REPORTING PRO8 GRAM.—

9 ‘‘(1) ESTABLISHMENT.—The Secretary shall es10 tablish a highway safety program for the collection

11 and reporting of data on traffic-related deaths and

12 injuries by the States. Under such program, the

13 States shall collect and report to the Secretary such

14 data as the Secretary may require.

15 ‘‘(2) PURPOSES.—The purposes of the program

16 under this subsection are to ensure national uniform

17 data on such deaths and injuries and to allow the

18 Secretary to make determinations for use in develop19 ing programs to reduce such deaths and injuries and

20 making recommendations to Congress concerning

21 legislation necessary to implement such programs.

22 ‘‘(3) PROGRAM REQUIREMENTS.—The program

23 under this subsection shall include information ob24 tained by the Secretary under section 4004 of the

25 Intermodal Surface Transportation Efficiency Act of
114

•HR 4385 IH

1 1991 and provide for annual reports to the Sec2 retary on the efforts being made by the States in re3 ducing deaths and injuries occurring at highway

4 construction sites and the effectiveness and results

5 of such efforts.

6 ‘‘(4) REPORTING CRITERIA.—The Secretary

7 shall establish minimum reporting criteria for the

8 program under this subsection. Such criteria shall

9 include, but not be limited to, criteria on deaths and

10 injuries resulting from police pursuits, school bus ac11 cidents, and speeding, on traffic-related deaths and

12 injuries at highway construction sites and on the

13 configuration of commercial motor vehicles involved

14 in motor vehicle accidents.

15 ‘‘(e) USE OF FUNDS.—

16 ‘‘(1) FOR HIGHWAY SAFETY PROGRAMS.—

17 Funds authorized to be appropriated to carry out

18 this section shall be used to aid the States to con19 duct the highway safety programs approved in ac20 cordance with subsection (a), including development

21 and implementation of manpower training programs,

22 and of demonstration programs that the Secretary

23 determines will contribute directly to the reduction

24 of traffic accidents and deaths and injuries resulting

25 therefrom.
115

•HR 4385 IH

1 ‘‘(2) ADMINISTRATIVE EXPENSES.—Funds au2 thorized to be appropriated to carry out this section

3 shall be subject to a deduction not to exceed 5 per4 cent for the necessary costs of administering the

5 provisions of this section, and the remainder shall be

6 apportioned among the several States under sub7 section (f).

8 ‘‘(3) LIMITATION.—Nothing in this section au9 thorizes the appropriation or expenditure of funds—

10 ‘‘(A) for highway construction, mainte11 nance, or design (other than design of safety

12 features of highways to be incorporated into

13 guidelines); or

14 ‘‘(B) for any purpose for which funds are

15 authorized by section 403 of this title.

16 ‘‘(f) APPORTIONMENT OF FUNDS.—

17 ‘‘(1) FORMULA.—After the deduction under

18 subsection (e)(2), the remainder of the funds author19 ized to be appropriated to carry out this section

20 shall be apportioned 75 percent in the ratio which

21 the population of each State bears to the total popu22 lation of all the States, as shown by the latest avail23 able Federal census, and 25 percent in the ratio

24 which the public road mileage in each State bears to

25 the total public road mileage in all States.
116

•HR 4385 IH

1 ‘‘(2) MINIMUM PERCENTAGE.—The annual apportionment to each State shall not be less than 1 2 ⁄2

3 of 1 percent of the total apportionment; except that

4 the apportionments to the Virgin Islands, Guam,

5 American Samoa, and the Commonwealth of the

Northern Mariana Islands shall not be less than 1 6 ⁄4

7 of 1 percent of the total apportionment.

8 ‘‘(3) APPROVED HIGHWAY SAFETY PROGRAM.—

9 The Secretary shall not apportion any funds under

10 this subsection to any State which is not implement11 ing a highway safety program approved by the Sec12 retary in accordance with this section.

13 ‘‘(4) REDUCTION OF APPORTIONMENT.—Funds

14 apportioned under this section to any State, that

15 does not have a highway safety program approved by

16 the Secretary or that is not implementing an ap17 proved program, shall be reduced by amounts equal

18 to not less than 50 percent of the amounts that

19 would otherwise be apportioned to the State under

20 this section, until such time as the Secretary ap21 proves such program or determines that the State is

22 implementing an approved program, as appropriate.

23 The Secretary shall consider the gravity of the

24 State’s failure to have or implement an approved
117

•HR 4385 IH

1 program in determining the amount of the reduc2 tion.

3 ‘‘(5) APPORTIONMENT OF WITHHELD FUNDS.—

4 The Secretary shall promptly apportion to the State

5 the funds withheld from its apportionment if the

6 Secretary approves the State’s highway safety pro7 gram or determines that the State has begun imple8 menting an approved program, as appropriate, prior

9 to the end of the fiscal year for which the funds

10 were withheld. If the Secretary determines that the

11 State did not correct its failure within such period,

12 the Secretary shall reapportion the withheld funds to

13 the other States in accordance with the formula

14 specified in this subsection not later than 30 days

15 after such determination.

16 ‘‘(6) DETERMINATION OF PUBLIC ROAD MILE17 AGE.—For the purposes of this subsection, a ‘‘public

18 road’’ means any road under the jurisdiction of, and

19 maintained by, a public authority and open to public

20 travel. Public road mileage as used in this subsection

21 shall be determined as of the end of the calendar

22 year preceding the year in which the funds are ap23 portioned and shall be certified to by the Governor

24 of the State and subject to approval by the Sec25 retary.
118

•HR 4385 IH

1 ‘‘(g) APPLICABILITY OF CHAPTER 1.—

2 ‘‘(1) IN GENERAL.—Except as otherwise pro3 vided in this subsection, all provisions of chapter 1

4 of this title that are applicable to National Highway

5 System highway funds, other than provisions relat6 ing to the apportionment formula and provisions

7 limiting the expenditure of such funds to the Fed8 eral-aid systems, shall apply to the highway safety

9 funds authorized to be appropriated to carry out this

10 section.

11 ‘‘(2) INCONSISTENT PROVISIONS.—If the Sec12 retary determines that a provision of chapter 1 of

13 this title is inconsistent with this section, such provi14 sion shall not apply to funds authorized to be appro15 priated to carry out this section.

16 ‘‘(3) CREDIT FOR STATE AND LOCAL EXPENDI17 TURES.—The aggregate of all expenditures made

18 during any fiscal year by a State and its political

19 subdivisions (exclusive of Federal funds) for carrying

20 out the State highway safety program (other than

21 planning and administration) shall be available for

22 the purpose of crediting such State during such fis23 cal year for the non-Federal share of the cost of any

24 project under this section (other than one for plan25 ning or administration) without regard to whether
119

•HR 4385 IH

1 such expenditures were actually made in connection

2 with such project.

3 ‘‘(4) INCREASED FEDERAL SHARE FOR CERTAIN

4 INDIAN TRIBE PROGRAMS.—In the case of a local

5 highway safety program carried out by an Indian

6 tribe, if the Secretary is satisfied that an Indian

7 tribe does not have sufficient funds available to meet

8 the non-Federal share of the cost of such program,

9 the Secretary may increase the Federal share of the

10 cost thereof payable under this title to the extent

11 necessary.

12 ‘‘(5) TREATMENT OF TERM ‘STATE HIGHWAY

13 DEPARTMENT’.—In applying the provisions of chap14 ter 1 of this title in carrying out this section, the

15 term ‘State highway department’ as used in such

16 provisions shall mean the Governor of a State for

17 the purposes of this section.

18 ‘‘(h) APPLICATION IN INDIAN COUNTRY.—

19 ‘‘(1) IN GENERAL.—For the purpose of the ap20 plication of this section in Indian country, the terms

21 ‘State’ and ‘Governor of a State’ include the Sec22 retary of the Interior and the term ‘political subdivi23 sion of a State’ includes an Indian tribe. Notwith24 standing the provisions of subsection (c)(1)(C), 95

25 percent of the funds transferred to the Secretary of
120

•HR 4385 IH

1 the Interior under this section shall be expended by

2 Indian tribes to carry out highway safety programs

3 within their jurisdictions. The provisions of sub4 section (c)(1)(D) shall be applicable to Indian tribes,

5 except to those tribes with respect to which the Sec6 retary determines that application of such provisions

7 would not be practicable.

8 ‘‘(2) INDIAN COUNTRY DEFINED.—For the pur9 pose of this subsection, the term ‘Indian country’

10 means—

11 ‘‘(A) all land within the limits of any In12 dian reservation under the jurisdiction of the

13 United States, notwithstanding the issuance of

14 any patent, and including rights-of-way running

15 through the reservation;

16 ‘‘(B) all dependent Indian communities

17 within the borders of the United States whether

18 within the original or subsequently acquired ter19 ritory thereof and whether within or without

20 the limits of a State; and

21 ‘‘(C) all Indian allotments, the Indian ti22 tles to which have not been extinguished, in23 cluding rights-of-way running through such al24 lotments.
121

•HR 4385 IH

1 ‘‘(i) RULEMAKING PROCESS.—The Secretary may

2 from time to time conduct a rulemaking process to deter3 mine those highway safety programs that are most effec4 tive in reducing traffic accidents, injuries, and deaths. Any

5 rule under this subsection shall be promulgated taking

6 into account consideration of the views of the States hav7 ing a major role in establishing such programs. When a

8 rule promulgated in accordance with this subsection takes

9 effect, only those programs established by such rule as

10 most effective in reducing traffic accidents, injuries, and

11 deaths shall be eligible to receive Federal financial assist12 ance under this section.’’.

13 (b) SECTION 2005.—Section 2005(1) of the Inter14 modal Surface Transportation Efficiency Act of 1991

15 (105 Stat. 2079) is amended by striking ‘‘and

16 $171,000,000 for each of fiscal years 1993, 1994,’’ and

17 inserting ‘‘, $126,000,000 for each of fiscal years 1993

18 and 1994, and $146,000,000 for each of fiscal years’’.

19 SEC. 247. NATIONAL HIGHWAY SAFETY ADVISORY COMMIT20 TEE.

21 Section 404(d) of title 23, United States Code, is

22 amended by striking ‘‘Commerce’’ and inserting ‘‘Trans23 portation’’.
122

•HR 4385 IH

1 SEC. 248. ALCOHOL-IMPAIRED DRIVING COUNTER2 MEASURES.

3 Section 410(d)(1)(E) of title 23, United States Code,

4 is amended by striking ‘‘the date of enactment of this sec5 tion’’ and inserting ‘‘December 18, 1991’’.

6 SEC. 249. PUBLIC TRANSIT FACILITIES.

7 Section 1023(h) of the Intermodal Surface Transpor8 tation Efficiency Act of 1991 is amended by striking ‘‘this

9 Act’’ each place it appears and inserting ‘‘the Department

10 of Transportation and Related Agencies Appropriations

11 Act, 1993’’.

12 SEC. 250. HIGH COST BRIDGE PROJECT.

13 The table contained in section 1103(b) of the Inter14 modal Surface Transportation Efficiency Act of 1991

15 (105 Stat. 2027–2028) is amended in item number 5, re16 lating to Gloucester Point, Virginia, by inserting after

17 ‘‘York River’’ the following: ‘‘and for repair, strengthen18 ing, and rehabilitation of the existing bridge’’.

19 SEC. 251. CONGESTION RELIEF PROJECT.

20 The table contained in section 1104(b) of the Inter21 modal Surface Transportation Efficiency Act of 1991

22 (105 Stat. 2029–2031) is amended—

23 (1) in item number 10, relating to San Diego,

24 California, by striking ‘‘1 block of Cut and Cover

25 Tunnel on Rt. 15’’ and inserting ‘‘bridge decking on

26 Route 15’’; and
123

•HR 4385 IH

1 (2) in item number 43, relating to West Vir2 ginia, by striking ‘‘Coal Fields’’ and inserting ‘‘Coal3 fields’’.

4 SEC. 252. HIGH PRIORITY CORRIDORS ON NATIONAL HIGH5 WAY SYSTEM.

6 (a) EAST-WEST TRANSAMERICA CORRIDOR.—Section

7 1105(c)(3) of the Intermodal Surface Transportation Effi8 ciency Act of 1991 (105 Stat. 2032) is amended by insert9 ing before the period at the end the following: ‘‘, including

10 (A) a Kentucky corridor centered on the cities of Paducah,

11 Benton, Hopkinsville, Bowling Green, Columbia, Somer12 set, London, Hazard, Jenkins, and Pikeville, Kentucky, to

13 Williamson, West Virginia, and (B) a West Virginia cor14 ridor from Williamson to the vicinity of Welch, West Vir15 ginia, sharing a common corridor with the Interstate

16 Route I–73/74 corridor (referred to in item 12 of the table

17 contained in subsection (f)), and from the vicinity of

18 Welch to Beckley, West Virginia, as part of the Coalfields

19 Expressway described in section 1069(v)’’.

20 (b) INDIANAPOLIS TO HOUSTON CORRIDOR.—Section

21 1105(c)(18) of such Act (105 Stat. 2032) is amended by

22 inserting before the period at the end the following: ‘‘, in23 cluding a Kentucky corridor centered on the cities of Hen24 derson, Sturgis, Smithland, Paducah, Bardwell, and Hick25 man, Kentucky’’.
124

•HR 4385 IH

1 SEC. 253. HIGH PRIORITY CORRIDOR PROJECT.

2 The table contained in section 1105(f) of the Inter3 modal Surface Transportation Efficiency Act of 1991

4 (105 Stat. 2033–2035) is amended—

5 (1) in item 1, relating to Pennsylvania, by in6 serting after ‘‘For’’ the following: ‘‘the segment de7 scribed in item 6 of this table and, after completion

8 of such segment, for’’; and

9 (2) in item number 26, relating to Indiana,

10 Kentucky, Tennessee, by striking ‘‘Newberry’’ and

11 inserting ‘‘Evansville’’.

12 SEC. 254. RURAL ACCESS PROJECTS.

13 (a) PROJECT DESCRIPTIONS.—The table contained

14 in section 1106(a)(2) of the Intermodal Surface Transpor15 tation Efficiency Act of 1991 (105 Stat. 2037–2042) is

16 amended—

17 (1) in item number 34, relating to Illinois, by

18 striking ‘‘Resurfacing’’ and all that follows through

19 ‘‘Omaha’’ and inserting ‘‘Bel-Air Road improvement

20 from south of Carmi to State Route 141 in south21 eastern White County’’;

22 (2) in item number 52, relating to Bedford

23 Springs, Pennsylvania, by striking ‘‘and Hunting24 ton’’ and inserting ‘‘Franklin, and Huntingdon’’;
125

•HR 4385 IH

1 (3) in item number 61, relating to Lubbock,

2 Texas, by striking ‘‘with’’ and inserting ‘‘with Inter3 state 10 through’’;

4 (4) in item number 75, relating to Pennsylva5 nia, by striking ‘‘Widen’’ and all that follows

6 through ‘‘lanes’’ and inserting ‘‘Road improvements

7 on a 14-mile segment of U.S. Route 15 in Lycoming

8 County, Pennsylvania’’;

9 (5) in item number 92, relating to Ohio, by

10 striking ‘‘Minerva, Ohio’’ and insert ‘‘Lisbon, Ohio’’;

11 (6) in item number 93, relating to New Mexico,

12 by striking ‘‘Raton-Clayton Rd., Clayton, New Mex13 ico’’ and inserting ‘‘U.S. Rt. 64/87 from Raton, New

14 Mexico, through Clayton to the Texas-New Mexico

15 State line’’; and

16 (7) in item number 111, relating to Parker

17 County, Texas (SH199)—

18 (A) by striking ‘‘Parker County’’ and in19 serting ‘‘Parker and Tarrant Counties’’; and

20 (B) by striking ‘‘to four-’’ and inserting

21 ‘‘in Tarrant County, to freeway standards and

22 in Parker County to a 4-’’.

23 (b) ADDITIONAL FUNDING.—Section 1106(a) of such

24 Act is amended by adding at the end the following:
126

•HR 4385 IH

1 ‘‘(8) ADDITIONAL FUNDING.—In addition to

2 funds otherwise made available by this subsection

3 for the project described in item number 52 of the

4 table contained in paragraph (2), there shall be

5 available from the Highway Trust Fund (other than

6 the Mass Transit Account) for carrying out such

7 project $5,000,000 for fiscal year 1995 and

8 $1,300,000 per fiscal year for each of fiscal years

9 1996 and 1997.’’.

10 SEC. 255. URBAN ACCESS AND MOBILITY PROJECTS.

11 The table contained in section 1106(b)(2) of the

12 Intermodal Surface Transportation Efficiency Act of 1991

13 (105 Stat. 2043–2047) is amended—

14 (1) in item number 13, relating to Joliet, Illi15 nois, by striking ‘‘and construction and interchange

16 at Houbolt Road and I–80’’; and

17 (2) in item number 36, relating to Compton,

18 California, by striking ‘‘For a grade’’ and all that

19 follows through ‘‘Corridor’’ and inserting ‘‘For grade

20 separations and other improvements in the city of

21 Compton, California’’.

22 SEC. 256. INNOVATIVE PROJECTS.

23 The table contained in section 1107(b) of the Inter24 modal Surface Transportation Efficiency Act of 1991

25 (105 Stat. 2048–2059) is amended—
127

•HR 4385 IH

1 (1) in item 20, relating to Holidaysburg, Penn2 sylvania—

3 (A) by striking ‘‘Holidaysburg,’’ the first

4 place it appears; and

5 (B) by inserting ‘‘, or other projects in the

6 counties of Bedford, Blair, Centre, Franklin,

7 and Huntingdon as selected by the State of

8 Pennsylvania’’;

9 (2) in item number 29, relating to Blacksburg,

10 Virginia, by inserting ‘‘methods of facilitating public

11 and private participation in’’ after ‘‘demonstrate’’;

12 (3) in item number 35, relating to Alabama, by

13 striking ‘‘to bypass’’ and all that follows through ‘‘I–

14 85’’ and inserting ‘‘beginning on U.S. Route 80 west

15 of Montgomery, Alabama, and connecting to I–65

16 south of Montgomery and I–85 east of Montgom17 ery’’;

18 (4) in item number 52, relating to Pennsylva19 nia, by striking ‘‘off Interstate’’ and all that follows

20 through ‘‘Pennsylvania’’ and inserting ‘‘and other

21 highway projects within a 30-mile vicinity of Inter22 state Route 81 or Interstate Route 80 in north23 eastern Pennsylvania’’;

24 (5) in item number 61, relating to Mojave, Cali25 fornia, by striking ‘‘Mojave’’ and inserting
128

•HR 4385 IH

1 ‘‘Victorville’’ and by inserting ‘‘Mojave’’ after ‘‘re2 construct’’;

3 (6) in item number 76, relating to Tennessee—

4 (A) by inserting after ‘‘I–81’’ the follow5 ing: ‘‘interchange at’’; and

6 (B) by striking ‘‘Interchange’’ and insert7 ing ‘‘or Kendrick Creek Road’’;

8 (7) in item number 100, relating to Arkansas,

9 by striking ‘‘Thornton’’ and inserting ‘‘Little Rock’’;

10 (8) in item number 113, relating to Durham

11 County, North Carolina, by inserting after ‘‘Route

12 147’’ the following: ‘‘, including the interchange at

13 I–85’’; and

14 (9) in item number 114, relating to Corpus

15 Christi to Angleton, Texas, by striking ‘‘Construct

16 new multi-lane freeway’’ and inserting ‘‘Construct a

17 4-lane divided highway’’.

18 SEC. 257. INTERMODAL PROJECTS.

19 The table contained in section 1108(b) of the Inter20 modal Surface Transportation Efficiency Act of 1991

21 (105 Stat. 2060–2063) is amended—

22 (1) in item number 9, relating to E. Haven/

23 Wallingford, Connecticut—

24 (A) by striking ‘‘$8.8’’ and inserting

25 ‘‘$7.5’’;
129

•HR 4385 IH

1 (B) by striking ‘‘$2.4’’ and inserting

2 ‘‘$2.0’’; and

3 (C) by striking ‘‘$0.7’’ and inserting

4 ‘‘$0.6’’; and

5 (2) in item 51, relating to Long Beach, Califor6 nia, by inserting ‘‘(including a grade separation

7 project for the Los Alamitos traffic circle at Lake8 wood Boulevard and Pacific Coast Highway)’’ after

9 ‘‘Access’’.

10 SEC. 258. MISCELLANEOUS INTERMODAL SURFACE TRANS11 PORTATION EFFICIENCY ACT AMENDMENTS.

12 (a) CROSS REFERENCE IN HIGHWAY USE TAX EVA13 SION PROGRAM.—Section 1040(a) of the Intermodal Sur14 face Transportation Efficiency Act of 1991 (23 U.S.C.

15 101 note; 105 Stat. 1992) is amended by striking ‘‘(e)’’

16 and inserting ‘‘(f)’’.

17 (b) REPORT TO CONGRESS ON QUALITY IMPROVE18 MENT.—Section 1043(b) of such Act (105 Stat. 1993) is

19 amended by inserting ‘‘General’’ after ‘‘Comptroller’’.

20 (c) COALFIELDS EXPRESSWAY.—Section 1069(v) of

21 such Act (105 Stat. 2010) is amended by striking ‘‘97,

22 10, 16, and 93’’ and inserting ‘‘16, and 83’’.

23 (d) PERIOD OF AVAILABILITY OF FUNDS FOR MIS24 CELLANEOUS PROJECTS.—Section 1069 of such Act is

25 amended—
130

•HR 4385 IH

1 (1) by striking the last sentence of subsection

2 (y); and

3 (2) by adding at the end the following new sub4 section:

5 ‘‘(ii) PERIOD OF AVAILABILITY.—Funds provided to

6 carry out this section shall remain available until ex7 pended.’’.

8 (e) FINAL RULE FOR ROADSIDE BARRIERS AND

9 SAFETY APPURTENANCES.—Section 1073(b) of such Act

10 (105 Stat. 2012) is amended by striking ‘‘1 year’’ and

11 inserting ‘‘2 years’’.

12 (f) INTERSTATE STUDY COMMISSION.—Section 1099

13 of such Act (105 Stat. 2026) is amended—

14 (1) by striking ‘‘bill’’ and inserting ‘‘Act’’;

15 (2) by striking ‘‘passage of this legislation’’ and

16 inserting ‘‘the enactment of this Act’’;

17 (3) by inserting after ‘‘Columbia’’ the second

18 place it appears the following: ‘‘appointed by the

19 Governors of the States of Maryland and Virginia

20 and the Mayor of the District of Columbia, respec21 tively’’; and

22 (4) by striking ‘‘appointed by the Governors

23 and the Mayor’’ and inserting ‘‘, 1 each for Mary24 land, Virginia, and the District of Columbia ap-
131

•HR 4385 IH

1 pointed by the Governors and the Mayor, respec2 tively’’.

3 (g) DRUG RECOGNITION EXPERT TRAINING PRO4 GRAM.—Section 2006(b) of such Act (23 U.S.C. 403 note;

5 105 Stat. 2080) is amended by inserting ‘‘Federal’’ before

6 ‘‘Advisory’’.

7 (h) APPLICABILITY OF OBLIGATION CEILING TO

8 CERTAIN HIGHWAY SAFETY PROGRAMS.—Section 2009

9 of such Act (105 Stat. 2080) is amended—

10 (1) by striking ‘‘(a) IN GENERAL.—’’;

11 (2) by striking ‘‘211(b)’’ the first place it ap12 pears and inserting ‘‘211’’;

13 (3) by striking ‘‘102’’ and inserting ‘‘1002’’;

14 and

15 (4) by striking subsection (b).

16 SEC. 259. DISADVANTAGED BUSINESS ENTERPRISE PRO17 GRAM.

18 In administering section 1003(b) of the Intermodal

19 Surface Transportation Efficiency Act of 1991, the limita20 tion on annual gross receipts of a small business concern

21 set forth in paragraph (2)(A) of such section shall be the

22 only limitation on annual gross receipts which applies to

23 small business concerns.
132

•HR 4385 IH

1 SEC. 260. AMENDMENTS TO SURFACE TRANSPORTATION

2 AND UNIFORM RELOCATION ASSISTANCE

3 ACT OF 1987.

4 (a) SECTION 149.—Section 149(a)(69) of the Sur5 face Transportation and Uniform Relocation Assistance

6 Act of 1987 (101 Stat. 191), relating to Burbank-Glen7 dale-Pasadena Airport, California, is amended—

8 (1) in the first sentence by striking ‘‘highway’’;

9 (2) in the first sentence by striking ‘‘and con10 struction of terminal and parking facilities at such

11 airport’’; and

12 (3) by striking ‘‘by making’’ in the second sen13 tence and all that follows through the period at the

14 end of such sentence and inserting: ‘‘by preparing a

15 feasibility study and conducting preliminary engi16 neering, design, and construction of a link between

17 such airport and the commuter rail system that is

18 being developed by the Los Angeles County Metro19 politan Transportation Authority.’’.

20 (b) SECTION 317.—Section 317(b) of such Act (49

21 U.S.C. App. 1608 note; 101 Stat. 233) is amended—

22 (1) in paragraphs (2) and (3) by inserting ‘‘or

23 cooperative agreement’’ after ‘‘contract’’ each place

24 it appears; and

25 (2) by adding at the end the following new

26 paragraph:
133

•HR 4385 IH

1 ‘‘(7) CONVERSION OF CONTRACTS.—The Sec2 retary may convert existing contracts entered into

3 under this subsection into cooperative agreements.’’.

4 SEC. 261. FREEWAY SERVICE PATROLS.

5 (a) GENERAL RULE.—Except to the extent that the

6 Secretary shall find that it is not feasible, any funds ex7 pended in a fiscal year directly or indirectly for freeway

8 service patrols from amounts made available to a State

9 under titles I and III of the Intermodal Surface Transpor10 tation Efficiency Act of 1991 shall be expended with pri11 vately owned or privately operated business concerns. The

12 preceding sentence shall not apply to any publicly owned

13 or operated freeway service patrol that was in operation

14 before the date of the enactment of this Act.

15 (b) DEFINITION.—For purposes of this section, the

16 term ‘‘freeway service patrol’’ means automotive road

17 service vehicles and automotive towing vehicles operated

18 in a continuous, dedicated service as part of an incident

19 management program.

20 SEC. 262. PAN AMERICAN HIGHWAY.

21 (a) STUDY.—The Secretary shall conduct a study on

22 the adequacy of and the need for improvements to the Pan

23 American Highway.
134

•HR 4385 IH

1 (b) ELEMENTS.—The study to be conducted under

2 subsection (a) shall at a minimum include the following

3 elements:

4 (1) Findings on the benefits of constructing a

5 highway at Darien Gap, Panama and Colombia.

6 (2) Recommendations for a self-financing ar7 rangement for completion and maintenance of the

8 Pan American Highway.

9 (3) Recommendations for establishing a Pan

10 American highway authority to monitor financing,

11 construction, maintenance, and operations of the

12 Pan American Highway.

13 (4) Findings on the benefits to trade and pros14 perity of a more efficient Pan American Highway.

15 (5) Findings on the benefits to United States

16 industry through the use of United States tech17 nology and equipment in construction of improve18 ments to the Pan American Highway.

19 (6) Findings on environmental considerations,

20 including environmental considerations relating to

21 the Darien Gap.

22 (c) REPORT.—Not later than 2 years after the date

23 of the enactment of this Act, the Secretary shall transmit

24 to Congress a report on the results of the study conducted

25 under this section.
135

•HR 4385 IH

1 SEC. 263. SECTION 3 PROGRAM AMENDMENTS.

2 (a) LETTERS OF INTENT.—Section 3(a)(4)(E) of the

3 Federal Transit Act (49 U.S.C. App. 1602(a)(4)(E)) is

4 amended—

5 (1) in the first sentence by striking ‘‘letters of

6 intent’’ and all that follows through ‘‘shall not ex7 ceed the’’ and inserting ‘‘letters of intent, early sys8 tems work agreements, and full funding grant agree9 ments shall not exceed the’’; and

10 (2) in the second sentence by striking ‘‘new let11 ters issued’’ and all that follows through ‘‘shall not

12 exceed any’’ and inserting ‘‘new letters issued and

13 contingent commitments included in early systems

14 work agreements and full funding agreements shall

15 not exceed any’’.

16 (b) ASSURED TIMETABLE FOR FINAL DESIGN

17 STAGE.—Section 3(a)(6)(C) of the Federal Transit Act

18 (49 U.S.C. App. 1602(a)(6)(C)) is amended by inserting

19 before the period at the end the following: ‘‘or, if an envi20 ronmental impact statement is not required for such

21 project, the date of completion of an environmental assess22 ment for such project or of a finding of no significant im23 pact’’.

24 (c) OREGON LIGHT RAIL PROGRAM.—Section

25 3(a)(8)(C)(v) of such Act is amended—
136

•HR 4385 IH

1 (1) by striking ‘‘Westside’’ the first place it ap2 pears;

3 (2) by striking ‘‘and’’ following ‘‘101–584;’’;

4 and

5 (3) by inserting before the period at the end the

6 following ‘‘; and the locally preferred alternative for

7 the South/North Corridor Project between

8 Clackamas County, Oregon, Portland, Oregon, and

9 Clark County, Washington’’.

10 (d) RAIL MODERNIZATION.—Section 3(h) of such Act

11 is amended in paragraph (6) by striking ‘‘paragraph’’ and

12 inserting ‘‘subsection’’.

13 (e) NONAPPLICABILITY.—Section 3(i)(5)(C) of such

14 Act is amended by striking ‘‘the Federal-Aid Highway Act

15 of 1991’’ and inserting the following: ‘‘title 23, United

16 States Code,’’.

17 (f) TRANSITIONAL PROVISION FOR PROGRAMS OF

18 INTERRELATED PROJECTS.—Section 3011(b) of the

19 Intermodal Surface Transportation Efficiency Act of 1991

20 (49 U.S.C. App. 1602 note; 105 Stat. 2098) is amended

21 by inserting after ‘‘interrelated projects’’ the following:

22 ‘‘but excluding any project for which a timetable for

23 project review or for Federal funding is provided for by

24 a provision of law other than section 3(a)(6) of the Fed-
137

•HR 4385 IH

1 eral Transit Act and for which such timetable is different

2 than the timetable established by such section’’.

3 (g) CONFORMING AMENDMENTS.—Section 3007 of

4 the Intermodal Surface Transportation Efficiency Act of

5 1991 (105 Stat. 2091) is amended—

6 (1) in paragraph (5)(B) by striking the comma

7 which precedes the closing quotation marks and the

8 semicolon; and

9 (2) in paragraph (6) by striking the comma

10 which precedes the closing quotation marks and the

11 final period.

12 SEC. 264. METROPOLITAN PLANNING.

13 (a) TECHNICAL AMENDMENTS.—Section 8 of the

14 Federal Transit Act (49 U.S.C. App. 1607) is amended—

15 (1) in subsection (f)(5) by inserting ‘‘of title 23,

16 United States Code’’ after ‘‘133’’;

17 (2) in subsection (f)(9) by striking ‘‘of this

18 title’’ and inserting ‘‘of such title’’;

19 (3) in subsection (f)(11) by inserting ‘‘pas20 sengers and’’ before ‘‘freight’’;

21 (4) in subsection (g)(5) by redesignating sub22 paragraphs (i) and (ii) as subparagraphs (A) and

23 (B), respectively;
138

•HR 4385 IH

1 (5) in subsection (i)(3) by striking ‘‘this title

2 and the Federal Transit Act’’ and inserting ‘‘title

3 23, United States Code, and this Act’’;

4 (6) in subsection (i)(4) by striking ‘‘or pursuant

5 to the Federal Transit’’ and inserting ‘‘, or pursuant

6 to this’’;

7 (7) in subsection (i)(5) by inserting ‘‘of title 23,

8 United States Code,’’ after ‘‘section 134’’;

9 (8) in subsection (i)(5) by inserting ‘‘of such

10 title’’ after ‘‘104(b)(3)’’;

11 (9) in subsection (i)(5) by inserting ‘‘of such

12 title’’ after ‘‘133(d)(3)’’ each place it appears;

13 (10) in subsection (i)(5) by striking ‘‘the Fed14 eral Transit’’ the first 2 places it appears and in15 serting ‘‘this’’;

16 (11) in subsection (i)(5) by striking ‘‘section

17 8(o) of the Federal Transit Act’’ and inserting ‘‘sub18 section (o) of this section’’;

19 (12) in subsection (m)(1) by striking ‘‘or the

20 Federal Transit’’ and inserting ‘‘, or this’’;

21 (13) in each of subsections (p)(2) and (p)(4) by

22 striking ‘‘section 8’’ the first place it appears and in23 serting ‘‘this section’’;

24 (14) in subsection (p)(2) by striking ‘‘section 8

25 of this Act’’ and inserting ‘‘this section’’;
139

•HR 4385 IH

1 (15) in subsection (p)(3) by striking ‘‘subpara2 graph (B)’’ and inserting ‘‘paragraph (2)’’; and

3 (16) in subsection (p)(5) by striking ‘‘para4 graph’’ and inserting ‘‘section’’.

5 (b) FACTORS TO BE CONSIDERED.—Section 8(f) of

6 such Act is amended by adding at the end the following

7 new paragraph:

8 ‘‘(16) Recreational travel and tourism.’’.

9 (c) LONG RANGE PLAN.—Section 8(g)(2)(B) of such

10 Act is amended by striking ‘‘long-range’’ and inserting

11 ‘‘long range’’.

12 (d) TRANSFER OF FUNDS.—Section 8(k) of such Act

13 is amended by striking the last sentence.

14 (e) NONATTAINMENT AREA REQUIREMENTS.—Sec15 tion 8(l) of such Act is amended by striking ‘‘transit’’ and

16 inserting ‘‘highway’’.

17 SEC. 265. FORMULA GRANT PROGRAM.

18 (a) TRANSIT SECURITY SYSTEMS.—Section 9(e)(3)

19 of the Federal Transit Act (49 U.S.C. App. 1607a(e)(3))

20 is amended by inserting before ‘‘and any other’’ in the

21 last sentence the following: ‘‘employing law enforcement

22 or security personnel in areas within or adjacent to such

23 systems;’’.

24 (b) GRANDFATHER OF CERTAIN URBANIZED

25 AREAS.—Section 9(s)(2) of such Act is amended by strik-
140

•HR 4385 IH

1 ing ‘‘fiscal year 1993,’’ and inserting ‘‘each of fiscal years

2 1993 and 1994,’’.

3 (c) FERRYBOAT OPERATIONS.—For purposes of cal4 culating apportionments under section 9 of the Federal

5 Transit Act for fiscal years beginning after September 30,

6 1994, 50 percent of the ferryboat revenue vehicle miles

7 and 50 percent of the ferryboat route miles attributable

8 to service provided to the city of Avalon, California, for

9 which the operator receives public assistance shall be in10 cluded in the calculation of ‘‘fixed guideway vehicle reve11 nue miles’’ and ‘‘fixed guideway route miles’’ attributable

12 to the Los Angeles urbanized area under sections 9(b)(2)

13 and 15 of such Act.

14 SEC. 266. MASS TRANSIT ACCOUNT BLOCK GRANTS.

15 Section 9B(a) of the Federal Transit Act (49 U.S.C.

16 App. 1607a–2(a)) is amended by striking ‘‘subsections (b)

17 and (c) of’’.

18 SEC. 267. GRANTS FOR RESEARCH AND TRAINING.

19 (a) NATIONAL CENTER.—Section 11(b)(10)(A) of

20 the Federal Transit Act (49 U.S.C. 1607c(b)(10)(A)) is

21 amended by striking ‘‘technology’’ and inserting ‘‘Tech22 nology’’.

23 (b) APPLICABILITY OF OBLIGATION CEILING TO

24 FUNDING FOR UNIVERSITY TRANSPORTATION CEN-
141

•HR 4385 IH

1 TERS.—Section 11(b)(12) of such Act is amended by

2 striking ‘‘102’’ and inserting ‘‘1002’’.

3 (c) INTERNATIONAL INSTITUTE FOR SURFACE

4 TRANSPORTATION POLICY STUDIES.—Section 11(c) of

5 such Act is amended—

6 (1) in the heading to paragraph (1) by striking

7 ‘‘INSTITUTE FOR NATIONAL’’ and inserting ‘‘INTER8 NATIONAL INSTITUTE FOR’’;

9 (2) in paragraph (1) by striking ‘‘an institute

10 for national’’ and inserting ‘‘an international insti11 tute for’’;

12 (3) in paragraph (3) by striking ‘‘through the

13 Institute for Transportation Research and Edu14 cation and’’ and inserting a comma;

15 (4) in paragraph (3) by inserting a comma

16 after ‘‘South Florida’’; and

17 (5) in paragraph (6) by striking ‘‘through the

18 Institute for Transportation Research and Edu19 cation’’.

20 SEC. 268. GENERAL PROVISIONS.

21 (a) CONTRACTING FOR ENGINEERING AND DESIGN

22 SERVICES.—Section 12(b) of the Federal Transit Act (49

23 U.S.C. App. 1608(b)) is amended by adding at the end

24 the following new paragraph:
142

•HR 4385 IH

1 ‘‘(5) SPECIAL RULES FOR ENGINEERING AND

2 DESIGN CONTRACTS.—

3 ‘‘(A) PERFORMANCE AND AUDITS.—Any

4 contract or subcontract awarded in accordance

5 with paragraph (4), whether funded in whole or

6 in part with Federal transit funds, shall be per7 formed and audited in compliance with cost

8 principles contained in the Federal acquisition

9 regulations of part 31 of title 48 of the Code

10 of Federal Regulations.

11 ‘‘(B) INDIRECT COST RATES.—Instead of

12 performing its own audits, a recipient of funds

13 under a contract or subcontract awarded in ac14 cordance with paragraph (4) shall accept indi15 rect cost rates established in accordance with

16 the Federal acquisition regulations for 1-year

17 applicable accounting periods by a cognizant

18 government agency or independent certified

19 public accountant if such rates are not cur20 rently under dispute. Once a firm’s indirect cost

21 rates are accepted, the recipient of such funds

22 shall apply such rates for the purposes of con23 tract estimation, negotiation, administration,

24 reporting, and contract payment and shall not

25 be limited by administrative or de facto ceilings
143

•HR 4385 IH

1 in accordance with section 15.901(c) of such

2 title 48. A recipient of such funds requesting or

3 using the cost and rate data described in this

4 subparagraph shall notify any affected firm be5 fore such request or use. Such data shall be

6 confidential and shall not be accessible or pro7 vided, in whole or in part, to any other firm or

8 to any government agency which is not part of

9 the group of agencies sharing cost data under

10 this subparagraph, except by written permission

11 of the audited firm. If prohibited by law, such

12 cost and rate data shall not be disclosed under

13 any circumstances.

14 ‘‘(C) STATE OPTION.—Subparagraphs (A)

15 and (B) shall take effect 2 years after the date

16 of the enactment of this paragraph with respect

17 to all States; except that if a State, during such

18 2-year period, adopts by statute an alternative

19 process intended to promote engineering and

20 design quality and ensure maximum competi21 tion by professional companies of all sizes pro22 viding engineering and design services, such

23 subparagraphs shall not apply with respect to

24 such State.’’.
144

•HR 4385 IH

1 (b) RAIL TRACKAGE RIGHTS AGREEMENTS.—Section

2 12(c)(1) of such Act is amended by inserting ‘‘payments

3 for the capital portions of rail trackage rights agree4 ments,’’ after ‘‘rights-of-way,’’.

5 (c) TECHNICAL AMENDMENT.—The first sentence of

6 section 12(f)(1) of such Act is amended by striking ‘‘such

7 State of local’’ and inserting ‘‘such State or local’’.

8 (d) TURNKEY SYSTEM PROJECT.—Section 12(l) of

9 such Act is amended—

10 (1) in paragraph (1)(C) by striking ‘‘is’’ and in11 serting ‘‘may be’’; and

12 (2) in paragraph (3) by striking ‘‘the date of

13 the enactment of this Act’’ and inserting ‘‘the date

14 of the enactment of the Intermodal Surface Trans15 portation Efficiency Act of 1991’’.

16 (e) SALE OF CAPITAL ASSETS.—Section 12 of such

17 Act is further amended by adding at the end the following

18 new subsection:

19 ‘‘(n) SALE OF CAPITAL ASSETS.—

20 ‘‘(1) IN GENERAL.—If a recipient of assistance

21 under this Act determines that facilities and equip22 ment and other assets (including land) acquired, in

23 whole or in part, with such assistance are no longer

24 needed for the purposes for which they were ac25 quired, the Secretary shall authorize the sale of the
145

•HR 4385 IH

1 assets with no further obligation to the Federal Gov2 ernment if the Secretary determines that—

3 ‘‘(A) there are no purposes eligible for as4 sistance under this Act for which the asset

5 should be used; and

6 ‘‘(B) the proceeds from the sale of the

7 asset will be used by the recipient to procure

8 items eligible for capital assistance under this

9 Act.

10 ‘‘(2) RELATIONSHIP TO OTHER LAWS.—The

11 provisions of this subsection shall be in addition to

12 and not in lieu of any other provision of law govern13 ing use and disposition of facilities and equipment

14 under an assistance agreement.’’.

15 SEC. 269. PERIOD OF AVAILABILITY AND REAPPORTION16 MENT OF SECTION 16 FUNDS.

17 Section 16 of the Federal Transit Act (49 U.S.C.

18 App. 1612) is amended—

19 (1) in subsection (b) by inserting ‘‘and’’ after

20 the semicolon at the end of paragraph (1);

21 (2) in subsection (b) by striking ‘‘; and’’ at the

22 end of paragraph (2) and inserting a period;

23 (3) in subsection (b) by striking paragraph (3)

24 and inserting the following:
146

•HR 4385 IH

1 ‘‘Eligible capital expenses under this subsection may in2 clude, at the option of the recipient, the acquisition of

3 transportation services under a contract, lease, or other

4 arrangement.’’;

5 (4) in subsection (c)(4) by striking ‘‘the enact6 ment of the Federal Transit Act’’ and inserting ‘‘the

7 date of the enactment of the Intermodal Surface

8 Transportation Efficiency Act of 1991’’;

9 (5) by adding at the end of subsection (c) the

10 following new paragraph:

11 ‘‘(5) PERIOD OF AVAILABILITY.—Sums appor12 tioned under this subsection shall be available for

13 obligation by the State for a period of 2 years fol14 lowing the close of the fiscal year for which the sums

15 are apportioned and any amounts remaining unobli16 gated at the end of such period shall be

17 reapportioned among the States for the succeeding

18 fiscal year.’’;

19 (6) in subsection (e) by striking ‘‘handicapped

20 and elderly individuals’’ and inserting ‘‘elderly per21 sons and persons with disabilities’’; and

22 (7) in subsection (e) by striking ‘‘such individ23 uals’’ and inserting ‘‘such persons’’.
147

•HR 4385 IH

1 SEC. 270. RURAL TRANSIT PROGRAM.

2 The second sentence of section 18(a) of the Federal

3 Transit Act (49 U.S.C. App. 1614(a)) is amended by

4 striking the final period.

5 SEC. 271. NONDISCRIMINATION.

6 Section 19 of the Federal Transit Act (49 U.S.C.

7 App. 1615) is amended—

8 (1) by striking ‘‘(1)’’ each place it appears;

9 (2) by redesignating paragraphs (2), (3), (4)

10 and (5) as subsections (b), (c), (d), and (e), respec11 tively;

12 (3) in subsection (c) as so redesignated—

13 (A) by striking ‘‘(A)’’ and inserting ‘‘(1)’’;

14 (B) by striking ‘‘(B)’’ and inserting ‘‘(2)’’;

15 (C) by striking ‘‘paragraph (a)’’ and in16 serting ‘‘paragraph (1)’’;

17 (D) by striking ‘‘(i)’’ and inserting ‘‘(A)’’;

18 (E) by striking ‘‘(ii)’’ and inserting ‘‘(B)’’;

19 (F) by striking ‘‘(iii)’’ and inserting ‘‘(C)’’;

20 and

21 (G) by striking ‘‘(iv)’’ and inserting ‘‘(D)’’;

22 and

23 (4) in subsection (d) as so redesignated by

24 striking ‘‘(a)(3)(B)(ii)’’ and inserting ‘‘(c)(2)(B)’’.
148

•HR 4385 IH

1 SEC. 272. AUTHORIZATIONS.

2 (a) FORMULA GRANT PROGRAM FROM TRUST

3 FUND.—Section 21(a)(1) of the Federal Transit Act (49

4 U.S.C. App. 1617(a)(1)) is amended—

5 (1) by striking ‘‘8 9B,’’ and inserting ‘‘6, 8,

6 9B, 10,’’; and

7 (2) by inserting ‘‘20,’’ after ‘‘18,’’.

8 (b) FORMULA GRANT PROGRAM FROM GENERAL

9 FUND.—Section 21(a)(2) of such Act is amended—

10 (1) by striking ‘‘8 9,’’ and inserting ‘‘6, 8, 9,

11 10,’’; and

12 (2) by inserting ‘‘20,’’ after ‘‘18,’’.

13 (c) SETASIDE FOR PLANNING, PROGRAMMING, AND

14 RESEARCH.—Section 21(c) of such Act is amended—

15 (1) by inserting ‘‘beginning after September 30,

16 1992,’’ after ‘‘each fiscal year’’;

17 (2) by striking ‘‘or appropriated’’ each place it

18 appears;

19 (3) in paragraph (3) by striking ‘‘the State pro20 gram under’’; and

21 (4) in paragraph (4) by striking ‘‘the national

22 program under’’.

23 (d) OTHER SETASIDES.—Section 21(d) of such Act

24 is amended by striking ‘‘or appropriated’’ each place it ap25 pears.
149

•HR 4385 IH

1 (e) COMPLETION OF INTERSTATE TRANSFER TRAN2 SIT PROJECTS.—Section 21(e) of such Act is amended by

3 striking ‘‘$160,000,000’’ and all that follows through the

4 period at the end and inserting ‘‘for fiscal years beginning

5 after September 30, 1991, not to exceed $324,843,000.

6 Such sums shall remain available until expended.’’.

7 SEC. 273. PROJECT MANAGEMENT OVERSIGHT.

8 Section 23 of the Federal Transit Act (49 U.S.C.

9 App. 1619) is amended—

10 (1) in subsection (a) by striking ‘‘or 18’’ and

11 inserting ‘‘and 18’’; and

12 (2) in subsection (h) by striking ‘‘subsections

13 (a) (1) through (5)’’ and inserting ‘‘subsection (a)’’.

14 SEC. 274. PLANNING AND RESEARCH PROGRAM.

15 (a) STATE PROGRAM.—Section 26(a) of the Federal

16 Transit Act (49 U.S.C. App. 1622(a)) is amended to read

17 as follows:

18 ‘‘(a) ALLOCATION OF PLANNING FUNDS.—

19 ‘‘(1) TRANSIT COOPERATIVE RESEARCH PRO20 GRAM.—Fifty percent of the funds made available

21 under sections 21(b)(3)(D) and 21(c)(3) shall be

22 available for the transit cooperative research pro23 gram to be administered as follows:

24 ‘‘(A) INDEPENDENT GOVERNING BOARD.—

25 The Secretary shall establish an independent
150

•HR 4385 IH

1 governing board for such program to rec2 ommend such transit research, development,

3 and technology transfer activities as the Sec4 retary deems appropriate.

5 ‘‘(B) NATIONAL ACADEMY OF SCIENCES.—

6 The Secretary may make grants to, and enter

7 into cooperative agreements with, the National

8 Academy of Sciences to carry out such activities

9 as the Secretary determines are appropriate.

10 ‘‘(2) STATE PLANNING AND RESEARCH.—The

11 remaining 50 percent of funds made available under

12 sections 21(b)(3)(D) and 21(c)(3) shall be appor13 tioned to the States for grants and contracts consist14 ent with the purposes of sections 6, 8, 10, 11, and

15 20 of this Act in the ratio which the population in

16 urbanized areas in each State bears to the total pop17 ulation in urbanized areas in all the States, as

18 shown by the latest available decennial census, except that no State shall receive less than 1 19 ⁄2 of 1

20 percent of the amount apportioned under this sub21 section. In any case in which a statewide transit

22 agency is responsible under State law for the financ23 ing, construction, and operation, directly, by lease,

24 contract, or otherwise, of statewide public transpor25 tation services, such agency shall be the recipient for
151

•HR 4385 IH

1 receiving and dispensing funds under this para2 graph.

3 ‘‘(3) ALLOCATION WITHIN A STATE.—A State

4 may authorize a portion of its funds made available

5 under paragraph (2) to be used to supplement funds

6 available under paragraph (1), as the State deems

7 appropriate.’’.

8 (b) NATIONAL PROGRAM.—Section 26(b) of such Act

9 is amended—

10 (1) in paragraph (1) by striking ‘‘section

11 21(c)(4)’’ and inserting ‘‘sections 21(b)(3)(E) and

12 21(c)(4)’’; and

13 (2) in paragraph (2) by inserting ‘‘annually’’

14 after ‘‘$2,000,000’’.

15 (c) PILOT PROJECT.—Section 26(c)(4) of such Act

16 is amended by striking ‘‘the date of the enactment of this

17 Act’’ each place it appears and inserting ‘‘the date of the

18 enactment of the Intermodal Surface Transportation Effi19 ciency Act of 1991’’.

20 SEC. 275. NEEDS SURVEY AND TRANSFERABILITY STUDY.

21 Section 27(b) of the Federal Transit Act (49 U.S.C.

22 App. 1623(b)) is amended—

23 (1) in paragraph (1) by striking ‘‘(3)’’;

24 (2) in paragraph (2) by striking ‘‘such sec25 tions’’ and inserting ‘‘section 9(j) of this Act’’; and
152

•HR 4385 IH

1 (3) in paragraph (2) by striking ‘‘With’’ and in2 serting ‘‘with’’.

3 SEC. 276. STATE RESPONSIBILITY FOR RAIL FIXED GUIDE4 WAY SYSTEM.

5 Section 28 of the Federal Transit Act (49 U.S.C.

6 App. 1624(b)) is amended—

7 (1) in the section heading by inserting ‘‘RAIL’’

8 before ‘‘FIXED GUIDEWAY’’; and

9 (2) in subsection (b)(1) by inserting ‘‘rail’’ be10 fore ‘‘fixed guideway’’.

11 SEC. 277. NATIONAL TRANSIT INSTITUTE.

12 Section 29 of the Federal Transit Act (49 U.S.C.

13 App. 1625) is amended in the heading to subsection (b)

14 by striking ‘‘FUNDING’’ and inserting ‘‘TRAINING OF

15 STATE AND LOCAL GOVERNMENT TRANSPORTATION PER16 SONNEL’’.

17 SEC. 278. INCREASED FEDERAL SHARE.

18 The Federal Transit Act (49 U.S.C. App. 1601–

19 1625) is amended by adding at the end the following new

20 section:

21 ‘‘SEC. 30. INCREASED FEDERAL SHARE.

22 ‘‘(a) STATES WITH LARGE AREAS OF INDIAN AND

23 CERTAIN PUBLIC DOMAIN LANDS.—In the case of any

24 State containing nontaxable Indian lands, individual and

25 tribal, and public domain lands (both reserved and unre-
153

•HR 4385 IH

1 served) exclusive of national forests and national parks

2 and monuments, exceeding 5 percent of the total area of

3 all lands in the State, the Federal share which, but for

4 this subsection, would be applicable for any construction

5 project under this Act shall be increased by a percentage

6 of the remaining cost equal to the percentage that the area

7 of all such lands in the State is of its total area.

8 ‘‘(b) STATES WITH LARGE AREAS OF INDIAN AND

9 PUBLIC DOMAIN LANDS AND NATIONAL FORESTS,

10 PARKS, AND MONUMENTS.—In the case of any State con11 taining nontaxable Indian lands, individual and tribal,

12 public domain lands (both reserved and unreserved), na13 tional forests, and national parks and monuments, the

14 Federal share which, but for this subsection, would be ap15 plicable for any construction project under this Act shall

16 be increased by a percentage of the remaining cost equal

17 to the percentage that the area of all such lands in such

18 State is of its total area.

19 ‘‘(c) MAXIMUM SHARE.—Notwithstanding sub20 sections (a) and (b) of this section, the Federal share for

21 any construction project under this Act shall not exceed

22 95 percent of the total cost of such project.

23 ‘‘(d) GRANT RECIPIENT AGREEMENT.—In any case

24 where a grant recipient elects to have the Federal share

25 provided in subsection (b) of this section, the grant recipi-
154

•HR 4385 IH

1 ent must enter into an agreement with the Secretary cov2 ering a period of not less than 1 year, requiring grant re3 cipient to use solely for purposes eligible for assistance

4 (other than operating assistance) under this Act (other

5 than paying its share of projects approved under this Act)

6 during the period covered by such agreement the dif7 ference between the grant recipient’s share as provided in

8 subsection (b) and what its share would be if it elected

9 to pay the share provided in subsection (a) for all projects

10 subject to such agreement.’’.

11 SEC. 279. PERFORMANCE REPORTS ON MASS TRANSIT SYS12 TEMS.

13 Section 308(e)(1) of title 49, United States Code, is

14 amended by striking ‘‘January of each even-numbered

15 year’’ and inserting ‘‘January 1994, January 1995, and

16 January of each odd-numbered year thereafter’’.

17 SEC. 280. CROSS REFERENCE TO FEDERAL TRANSIT ACT.

18 Section 176 of the Clean Air Act (42 U.S.C. 7506)

19 is amended in each of subsections (c)(2) and (d) by strik20 ing ‘‘Urban Mass Transportation’’ each place it appears

21 and inserting ‘‘Federal Transit’’.
155

•HR 4385 IH

1 SEC. 281. PARTICIPATION IN INTERNATIONAL REGISTRA2 TION PLAN AND INTERNATIONAL FUEL TAX

3 AGREEMENT.

4 Section 4008(j) of the Intermodal Surface Transpor5 tation Efficiency Act of 1991 (105 Stat. 2155) is amended

6 by striking ‘‘102’’ in the second sentence and inserting

7 ‘‘1002’’.

8 SEC. 282. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

9 (a) OPERATIONAL TESTING PROJECTS.—Section

10 6055(d) of the Intermodal Surface Transportation Effi11 ciency Act of 1991 (105 Stat. 2192–2193) is amended by

12 inserting ‘‘and enter into cooperative agreements and con13 tracts with’’ after ‘‘The Secretary may make grants to’’.

14 (b) FUNDING.—Section 6058 of such Act (105 Stat.

15 2194–2195) is amended—

16 (1) in the second sentence of subsection (d) by

17 striking ‘‘projects undertaken pursuant to subsection

18 (c) of this section’’ and inserting ‘‘activities under19 taken with funds made available under subsection

20 (b) and activities undertaken with funds subject to

21 subsection (c)’’;

22 (2) in subsection (e) by striking ‘‘102’’ and in23 serting ‘‘1002’’; and

24 (3) by adding at the end the following new sub25 section:
156

•HR 4385 IH

1 ‘‘(f) NONAPPLICABILITY OF OTHER REQUIREMENTS

2 OF LAW.—A person (including a public agency) that does

3 not receive assistance under title 23, United States Code,

4 the Federal Transit Act, or any provision of this Act

5 (other than the Intelligent Vehicle-Highway Systems Act

6 of 1991) shall not be subject to any Federal design stand7 ard, law, or regulation applicable to persons receiving such

8 assistance solely by reason of such person receiving assist9 ance under this section.’’.

10 SEC. 283. TITLE 49, UNITED STATES CODE, AMENDMENTS.

11 The analysis for chapter 1 of title 49, United States

12 Code, is amended—

13 (1) by striking ‘‘Sec. 110. Saint Lawrence Sea14 way Development Corporation.’’; and

15 (2) by striking ‘‘Sec. 111.’’ and inserting

16 ‘‘111.’’.

17 SEC. 284. SURFACE TRANSPORTATION ASSISTANCE ACT OF

18 1982 AMENDMENTS.

19 (a) MOTOR CARRIER SAFETY GRANT PROGRAM.—

20 Section 402 of the Surface Transportation Assistance Act

21 of 1982 (49 U.S.C. App. 2302) is amended—

22 (1) by moving each of subparagraphs (H)

23 through (N) (including any clauses therein) 2 ems to

24 the left;
157

•HR 4385 IH

1 (2) in subsection (b)(1)(N) by striking ‘‘give’’

2 and inserting ‘‘gives’’; and

3 (3) in subsection (d) by striking ‘‘3’’ and insert4 ing ‘‘5’’.

5 (b) CARGO CARRYING UNIT LIMITATION.—Section

6 411(j)(5)(D) of such Act (49 U.S.C. App. 2311(j)(5)(D))

7 is amended by striking ‘‘prohibited under’’ and inserting

8 ‘‘subject to’’.

9 SEC. 285. COMMERCIAL MOTOR VEHICLE SAFETY ACT OF

10 1986 AMENDMENTS.

11 (a) SECTION 12011.—Section 12011 of the Commer12 cial Motor Vehicle Safety Act of 1986 (49 U.S.C. App.

13 2710) is amended—

14 (1) in each of subsections (a) and (b) by strik15 ing ‘‘104(b)(5), and 104(b)(6)’’ and inserting

16 ‘‘104(b)(3), and 104(b)(5)’’; and

17 (2) in subsection (c)(1)(A)(ii) by striking

18 ‘‘104(b)(6)’’ and inserting ‘‘104(b)(3)’’.

19 (b) SECTION NUMBER REDESIGNATION.—Such Act

20 is further amended by redesignating the second section

21 12020, relating to violation of out-of-service orders, as

22 12021.
158

•HR 4385 IH

1 SEC. 286. CLEVELAND HARBOR, OHIO.

2 Section 1079 of the Intermodal Surface Transpor3 tation Efficiency Act of 1991 (105 Stat. 2018–2019) is

4 amended—

5 (1) by striking the semicolon at the end of sub6 section (b) and inserting a period; and

7 (2) in subsection (d)—

8 (A) by striking ‘‘279.31 feet’’ and insert9 ing ‘‘269.31 feet’’;

10 (B) by striking ‘‘127.28 feet’’ and insert11 ing ‘‘137.28 feet’’;

12 (C) by striking the comma following ‘‘Grid

13 System’’;

14 (D) by striking ‘‘33°¥53′¥08′′ east’’ the

15 first place it appears and inserting

16 ‘‘33°¥53′¥08′′ west’’;

17 (E) by striking ‘‘north-westerly’’ and in18 serting ‘‘northwesterly’’; and

19 (F) by striking ‘‘174,764 square feet

20 (4.012 acres)’’ and inserting ‘‘175,143 (4.020

21 acres)’’.

22 SEC. 287. OTHER INTERMODAL SURFACE TRANSPOR23 TATION EFFICIENCY ACT TECHNICAL

24 AMENDMENTS.

25 (a) SOUTHERN FLORIDA COMMUTER RAIL.—Section

26 3014 of Intermodal Surface Transportation Efficiency Act
159

•HR 4385 IH

1 of 1991 (105 Stat. 2108) is amended by striking ‘‘(49

2 U.S.C. 1607a)’’.

3 (b) ROAD TESTING OF LCV’S.—Section 4007(d)(1)

4 of such Act (49 U.S.C. App. 2302 note) is amended by

5 striking ‘‘on board’’ and inserting ‘‘onboard’’.

6 (c) NATIONAL COMMISSION ON INTERMODAL TRANS7 PORTATION.—Section 5005 of such Act (49 U.S.C. 301

8 note; 105 Stat. 2160–2162) is amended—

9 (1) in subsection (d)(1) by striking ‘‘11 mem10 bers’’ and inserting ‘‘15 members’’;

11 (2) in subsection (d)(1)(A) by striking ‘‘3 mem12 bers’’ and inserting ‘‘7 members’’; and

13 (3) in subsection (i) by striking ‘‘1993’’ and in14 serting ‘‘1994’’.

15 (d) SECTION 6017.—Section 6017 of such Act (105

16 Stat. 2183) is amended by striking ‘‘502(a)’’ and inserting

17 ‘‘5002(a)’’.

Æ

HR 4385 IH——2

HR 4385 IH——3

HR 4385 IH——4

HR 4385 IH——5

HR 4385 IH——6

HR 4385 IH——7

HR 4385 IH——8
160

•HR 4385 IH

HR 4385 IH——9

HR 4385 IH——10