PUBLIC LAW 104–59—NOV. 28, 1995

NATIONAL HIGHWAY SYSTEM DESIGNATION

ACT OF 1995
109 STAT. 568 PUBLIC LAW 104–59—NOV. 28, 1995

Public Law 104–59

104th Congress

An Act

To amend title 23, United States Code, to provide for the designation of the National

Highway System, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Highway System Designation Act of 1995’’.

(b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Secretary defined.

TITLE I—NATIONAL HIGHWAY SYSTEM

Sec. 101. National highway system designation.

TITLE II—TRANSPORTATION FUNDING FLEXIBILITY

Sec. 201. Findings and purposes.

Sec. 202. Funding restoration.

Sec. 203. Rescissions.

Sec. 204. State unobligated balance flexibility.

Sec. 205. Relief from mandates.

Sec. 206. Definitions.

TITLE III—MISCELLANEOUS HIGHWAY PROVISIONS

Sec. 301. Traffic monitoring, management, and control on NHS.

Sec. 302. Transferability of apportionments.

Sec. 303. Quality improvement.

Sec. 304. Design criteria for the national highway system.

Sec. 305. Applicability of transportation conformity requirements.

Sec. 306. Motorist call boxes.

Sec. 307. Quality through competition.

Sec. 308. Limitation on advance construction.

Sec. 309. Preventive maintenance.

Sec. 310. Federal share.

Sec. 311. Eligibility of bond and other debt instrument financing for reimbursement

as construction expenses.

Sec. 312. Vehicle weight and longer combination vehicles exemptions.

Sec. 313. Toll roads.

Sec. 314. Scenic byways.

Sec. 315. Applicability of certain requirements to third party sellers.

Sec. 316. Streamlining for transportation enhancement projects.

Sec. 317. Metropolitan planning for highway projects.

Sec. 318. Non-Federal share for certain toll bridge projects.

Sec. 319. Congestion mitigation and air quality improvement program.

Sec. 320. Operation of motor vehicles by intoxicated minors.

Sec. 321. Utilization of the private sector for surveying and mapping services.

Sec. 322. Donations of funds, materials, or services for federally assisted projects.

Sec. 323. Discovery and admission as evidence of certain reports and surveys.

Sec. 324. Alcohol-impaired driving countermeasures.

Sec. 325. References to Committee on Transportation and Infrastructure.

Sec. 326. Public transit vehicles exemption.

23 USC 101 note.

National

Highway System

Designation Act

of 1995.

Intergovernmental relations.

Nov. 28, 1995

[S. 440]
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 569

Sec. 327. Use of recycled paving material. Sec. 328. Roadside barrier technology. Sec. 329. Corrections to miscellaneous authorizations.

Sec. 330. Corrections to high cost bridge projects. Sec. 331. Corrections to congestion relief projects. Sec. 332. High priority corridors. Sec. 333. Corrections to rural access projects. Sec. 334. Corrections to urban access and mobility projects. Sec. 335. Corrections to innovative projects. Sec. 336. Corrections to intermodal projects. Sec. 337. National recreational trails.

Sec. 338. Intelligent transportation systems. Sec. 339. Eligibility. Sec. 340. Miscellaneous corrections to Surface Transportation and Uniform Relocation Assistance Act of 1987.

Sec. 341. Accessibility of over-the-road buses to individuals with disabilities. Sec. 342. Alcohol and controlled substances testing. Sec. 343. National driver register. Sec. 344. Commercial motor vehicle safety pilot program. Sec. 345. Exemptions from requirements relating to commercial motor vehicles and

their operators. Sec. 346. Winter home heating oil delivery State flexibility program. Sec. 347. Safety report. Sec. 348. Moratorium on certain emissions testing requirements. Sec. 349. Roads on Federal lands.

Sec. 350. State infrastructure bank pilot program. Sec. 351. Railroad-highway grade crossing safety. Sec. 352. Collection of bridge tolls. Sec. 353. Traffic control.

Sec. 354. Public use of rest areas.

Sec. 355. Safety belt use law requirements for New Hampshire and Maine. Sec. 356. Orange County, California, toll roads. Sec. 357. Compilation of title 23, United States Code. Sec. 358. Safety research initiatives. Sec. 359. Miscellaneous studies.

TITLE IV—WOODROW WILSON MEMORIAL BRIDGE

Sec. 401. Short title.

Sec. 402. Findings. Sec. 403. Purposes. Sec. 404. Definitions.

Sec. 405. Establishment of authority. Sec. 406. Government of authority. Sec. 407. Ownership of bridge. Sec. 408. Project planning. Sec. 409. Additional powers and responsibilities of authority. Sec. 410. Funding. Sec. 411. Availability of prior authorizations.

SEC. 2. SECRETARY DEFINED.

In this Act, the term ‘‘Secretary’’ means the Secretary of

Transportation.

TITLE I—NATIONAL HIGHWAY SYSTEM

SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNATION.

(a) IN GENERAL.—Section 103(b) of title 23, United States Code,

is amended by adding at the end the following:

‘‘(5) DESIGNATION OF NHS.—The National Highway System

as submitted by the Secretary of Transportation on the map

entitled ‘Official Submission, National Highway System, Federal Highway Administration’, and dated November 13, 1995,

is hereby designated within the United States, including the

District of Columbia and the Commonwealth of Puerto Rico.

‘‘(6) MODIFICATIONS TO NHS.—

‘‘(A) IN GENERAL.—Subject to paragraph (7), the Secretary may make modifications to the National Highway

23 USC 101 note.
109 STAT. 570 PUBLIC LAW 104–59—NOV. 28, 1995

System that are proposed by a State or that are proposed

by the State and revised by the Secretary if the Secretary

determines that each of the modifications—

‘‘(i) meets the criteria established for the National

Highway System under this title; and

‘‘(ii) enhances the national transportation

characteristics of the National Highway System.

‘‘(B) COOPERATION.—In proposing modifications under

this paragraph, a State shall cooperate with local and

regional officials. In urbanized areas, the local officials

shall act through the metropolitan planning organizations

designated for such areas under section 134.

‘‘(7) TRANSITIONAL RULES FOR INTERMODAL CONNECTORS.— ‘‘(A) REQUIRED SUBMISSION.—Not later than 180 days

after the date of the enactment of the National Highway

System Designation Act of 1995, the Secretary shall submit

for approval to the Committee on Environment and Public

Works of the Senate and the Committee on Transportation

and Infrastructure of the House of Representatives modifications to the National Highway System that are proposed

by a State or that are proposed by the State and revised

by the Secretary and that consist of connectors to major

ports, airports, international border crossings, public

transportation and transit facilities, interstate bus terminals, and rail and other intermodal transportation facilities.

‘‘(B) COOPERATION.—Paragraph (6)(B) shall apply to

modifications proposed by a State under this paragraph.

‘‘(C) ELIGIBILITY.—

‘‘(i) INITIAL APPROVAL BY LAW.—Modifications proposed under subparagraph (A) may take effect only

if a law has been enacted approving such modifications.

‘‘(ii) INTERIM ELIGIBILITY.—Notwithstanding clause

(i), a project to construct a connector to an intermodal

transportation facility described in subparagraph (A)

shall be eligible for funds apportioned under section

104(b)(1) for the National Highway System if the Secretary finds that the project is consistent with criteria

developed by the Secretary for construction of such

connectors.

‘‘(iii) PERIOD OF ELIGIBILITY.—A project which is

eligible under clause (ii) for funds apportioned under

section 104(b)(1) shall remain eligible for such funds

pursuant to clause (ii) only until the date of the enactment of a law described in clause (i).

‘‘(D) MODIFICATIONS AFTER INITIAL APPROVAL.—After

the date of the enactment of a law described in subparagraph (C)(i), a modification consisting of a connector to

an intermodal transportation facility described in subparagraph (A) may be made in accordance with paragraph

(6).

‘‘(8) CONGRESSIONAL HIGH PRIORITY CORRIDORS.—Upon the

completion of feasibility studies, the Secretary shall add to

the National Highway System any congressional high priority

corridor or any segment thereof established by section 1105

of the Intermodal Surface Transportation Efficiency Act of 1991

(105 Stat. 2031–2037) which was not identified on the National

Highway System designated by paragraph (5).’’.
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 571

(b) CONFORMING AMENDMENTS.—Section 103(b)(3) of such title

is amended—

(1) in subparagraph (C) by striking ‘‘For purposes of proposing highways for designation to the National Highway System,

the’’ and inserting ‘‘The’’; and

(2) in subparagraph (D)—

(A) by striking ‘‘In proposing highways for designation

to the National Highway System, the’’ and inserting ‘‘The’’;

and

(B) by inserting after ‘‘mileage’’ the following: ‘‘on the

National Highway System’’.

TITLE II—TRANSPORTATION FUNDING

FLEXIBILITY

SEC. 201. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds and declares that—

(1) Federal infrastructure spending on transportation is

critical to the efficient movement of goods and people in the

United States;

(2) section 1003(c) of the Intermodal Surface Transportation

Efficiency Act of 1991 (105 Stat. 1921) has been estimated

to result in fiscal year 1996 transportation spending being

reduced by as much as $2,700,000,000;

(3) such section 1003(c) will result in a reduction of critical

funds to States from the Highway Trust Fund; and

(4) the funding reduction will have adverse effects on the

national economy and the predictability of funding for the

Nation’s highway system and impede interstate commerce.

(b) PURPOSES.—The purposes of this title are—

(1) to make the program categories in the Federal-aid highway program more flexible so that States may fund highpriority projects in fiscal year 1996;

(2) to reallocate funds from certain programs during fiscal

year 1996 so that the States will be able to continue their

core transportation infrastructure programs;

(3) to ensure the equitable distribution of funds to urbanized areas with a population over 200,000 in a manner consistent with the Intermodal Surface Transportation Efficiency Act

of 1991; and

(4) to suspend certain penalties that would be imposed

on the States.

SEC. 202. FUNDING RESTORATION.

(a) IN GENERAL.—Not later than the 10th day following the

date of the enactment of this Act and on October 1, 1997, or

as soon as possible thereafter, the Secretary shall allocate among

the States the amounts made available, as a result of section

203, to carry out this section for fiscal years 1996 and 1997, respectively, for projects eligible for assistance under chapter 1 of title

23, United States Code.

(b) ALLOCATION FORMULA.—Funds made available to carry out

this section shall be allocated among the States in accordance

with the following table:

Urban and rural

areas.
109 STAT. 572 PUBLIC LAW 104–59—NOV. 28, 1995

States: Allocation Percentages Alabama ........................................................................................................... 1.80

Alaska .............................................................................................................. 1.20

Arizona ............................................................................................................ 1.43

Arkansas .......................................................................................................... 1.42

California ......................................................................................................... 9.17

Colorado ........................................................................................................... 1.27

Connecticut ...................................................................................................... 1.74

Delaware .......................................................................................................... 0.39

District of Columbia ....................................................................................... 0.52

Florida ............................................................................................................. 4.04

Georgia ............................................................................................................ 2.92

Hawaii ............................................................................................................. 0.54

Idaho ................................................................................................................ 0.70

Illinois .............................................................................................................. 3.88

Indiana ............................................................................................................ 2.18

Iowa ................................................................................................................. 1.27

Kansas ............................................................................................................. 1.13

Kentucky ......................................................................................................... 1.53

Louisiana ......................................................................................................... 1.52

Maine ............................................................................................................... 0.65

Maryland ......................................................................................................... 1.68

Massachusetts ................................................................................................. 4.11

Michigan .......................................................................................................... 2.75

Minnesota ........................................................................................................ 1.69

Mississippi ....................................................................................................... 1.11

Missouri ........................................................................................................... 2.28

Montana ........................................................................................................... 0.93

Nebraska ......................................................................................................... 0.79

Nevada ............................................................................................................. 0.69

New Hampshire .............................................................................................. 0.48

New Jersey ...................................................................................................... 2.86

New Mexico ..................................................................................................... 1.02

New York ......................................................................................................... 5.35

North Carolina ................................................................................................ 2.62

North Dakota .................................................................................................. 0.64

Ohio .................................................................................................................. 3.64

Oklahoma ........................................................................................................ 1.36

Oregon ............................................................................................................. 1.23

Pennsylvania ................................................................................................... 4.93

Rhode Island ................................................................................................... 0.56

South Carolina ................................................................................................ 1.42

South Dakota .................................................................................................. 0.69

Tennessee ........................................................................................................ 2.00

Texas ................................................................................................................ 6.21

Utah ................................................................................................................. 0.73

Vermont ........................................................................................................... 0.43

Virginia ............................................................................................................ 2.28

Washington ..................................................................................................... 2.05

West Virginia .................................................................................................. 1.15

Wisconsin ......................................................................................................... 1.90

Wyoming .......................................................................................................... 0.65

Puerto Rico ...................................................................................................... 0.46

Territories ........................................................................................................ 0.01.

(c) EFFECT OF ALLOCATIONS.—Funds distributed to States under

subsection (b) shall not affect calculations to determine allocations

to States under section 157 of title 23, United States Code, and

sections 1013(c), 1015(a), and 1015(b) of the Intermodal Surface

Transportation Efficiency Act of 1991 (23 U.S.C. 104 note).

(d) APPLICABILITY OF CHAPTER 1 OF TITLE 23.—Notwithstanding

any other provision of law, funds made available to carry out

this section shall be available for obligation in the same manner

as if such funds were apportioned under chapter 1 of title 23,

United States Code. Such funds shall be available for obligation

for the fiscal year for which such amounts are made available

plus the 3 succeeding fiscal years. Obligation limitations for Federalaid highways and highway safety construction programs established

by the Intermodal Surface Transportation Efficiency Act of 1991
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 573

and subsequent laws shall apply to obligations made under this

section.

(e) SPECIAL RULE FOR URBANIZED AREAS OF OVER 200,000.—

(1) GENERAL RULE.—The amount determined by application

of the percentage determined under paragraph (2) to funds

allocated to a State under this section for a fiscal year shall

be obligated in urbanized areas of the State with an urbanized

population of over 200,000 under section 133(d)(3) of title 23,

United States Code.

(2) PERCENTAGE.—The percentage referred to in paragraph

(1) is the percentage determined by dividing—

(A) the total amount of the reduction in funds that

would have been attributed under section 133(d)(3) of title

23, United States Code, to urbanized areas of the State

with an urbanized population of over 200,000 for fiscal

year 1996 as a result of the application of section 1003(c)

of the Intermodal Surface Transportation Efficiency Act

of 1991 (105 Stat. 1921); by

(B) the total amount of the reduction in authorized

funds for fiscal year 1996 that would have been allocated

to the State, and that would have been apportioned to

the State, as a result of the application of such section

1003(c).

(f) LIMITATION ON PLANNING EXPENDITURES.—One-half of 1 percent of amounts allocated to each State under this section in any

fiscal year may be available for expenditure for the purpose of

carrying out the requirements of section 134 of title 23, United

States Code (relating to transportation planning). One and onehalf percent of the amounts allocated to each State under this

section in any fiscal year may be available for expenditure for

the purpose of carrying out activities referred to in section 307(c)

of such title.

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated, out of the Highway Trust Fund (other than

the Mass Transit Account), to carry out this section $266,522,436

for fiscal year 1996 and $155,000,000 for fiscal year 1997. Such

funds shall not be subject to an administrative deduction under

section 104(a) of title 23, United States Code.

(h) TERRITORIES DEFINED.—In this section, the term ‘‘territories’’ means the Virgin Islands, Guam, American Samoa, and

the Commonwealth of the Northern Mariana Islands.

SEC. 203. RESCISSIONS.

(a) RESCISSIONS.—Effective on the date of the enactment of

this Act and after any necessary reductions are made under section

1003(c) of the Intermodal Surface Transportation Efficiency Act

of 1991 (105 Stat. 1921), the following unobligated balances available on such date of enactment, of funds made available for the

following provisions are hereby rescinded:

(1) $78,994 made available by section 131(c) of the Surface

Transportation Assistance Act of 1982 (96 Stat. 2120).

(2) $798,701 made available by section 131(j) of the Surface

Transportation Assistance Act of 1982 (96 Stat. 2123).

(3) $942,249 made available by section 149(a)(66) of the

Surface Transportation and Uniform Relocation Assistance Act

of 1987 (101 Stat. 185).

Effective date.
109 STAT. 574 PUBLIC LAW 104–59—NOV. 28, 1995

(4) $52,834 made available by section 149(a)(95) of the

Surface Transportation and Uniform Relocation Assistance Act

of 1987 (101 Stat. 195).

(5) $909,131 made available by section 149(a)(99) of the

Surface Transportation and Uniform Relocation Assistance Act

of 1987 (101 Stat. 195).

(6) $797,800 made available by section 149(a)(100) of the

Surface Transportation and Uniform Relocation Assistance Act

of 1987 (101 Stat. 195).

(7) $2 made available by section 149(c)(3) of the Surface

Transportation and Uniform Relocation Assistance Act of 1987

(101 Stat. 201).

(8) $24,706,878 made available by section 1012(b)(6) of

the Intermodal Surface Transportation Efficiency Act of 1991

(105 Stat. 1938).

(9) $15,401,107 made available by section 1003(a)(7) of

the Intermodal Surface Transportation Efficiency Act of 1991

(105 Stat. 1919).

(10) $113,834,740, or such greater amount as may be necessary to ensure that the aggregate of amounts rescinded by

this subsection and amounts reduced by the amendments made

by subsection (b) is equal to the amount authorized to be

appropriated by section 202(g) for fiscal year 1996, deducted

by the Secretary under section 104(a) of title 23, United States

Code.

(b) REDUCTIONS IN AUTHORIZED AMOUNTS.—

(1) MAGNETIC LEVITATION.—Section 1036(d)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.

1986) is amended—

(A) in subparagraph (A) by inserting ‘‘and’’ after

‘‘1994,’’;

(B) in subparagraph (A) by striking ‘‘, $125,000,000’’

and all that follows through ‘‘1997’’; and

(C) in subparagraph (B) by striking ‘‘1996, and 1997’’

and inserting ‘‘and 1996’’.

(2) HIGHWAY SAFETY PROGRAMS.—Section 2005(1) of such

Act (105 Stat. 2079) is amended—

(A) by striking ‘‘and’’ the first place it appears and

inserting a comma; and

(B) by striking ‘‘1996, and 1997’’ and inserting ‘‘and

1996, and $146,000,000 for fiscal year 1997’’.

(3) EFFECTIVE DATE.—The amendments made by paragraphs (1) and (2) shall take effect on the later of the date

of the enactment of this Act or as soon as possible after the

date on which authorized funds for fiscal year 1996 are reduced

as a result of application of section 1003(c) of such Act.

(c) CONGESTION PRICING PILOT PROGRAM TRANSFERS.—After

the date on which authorized funds for fiscal year 1996 are reduced

as a result of application of section 1003(c) of the Intermodal Surface

Transportation Efficiency Act of 1991, the amounts made available

for fiscal years 1996 and 1997 to carry out section 1012(b) of

the Intermodal Surface Transportation Efficiency Act of 1991 (105

Stat. 1938) shall be available to carry out projects under section

202 of this Act.

SEC. 204. STATE UNOBLIGATED BALANCE FLEXIBILITY.

(a) REDUCTION IN FEDERAL FUNDING.—
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 575

(1) NOTIFICATION OF STATES.—On the date of the enactment

of this Act, or as soon as possible thereafter, the Secretary

shall notify each State of the total amount of the reduction

in authorized funds for fiscal year 1996 that would have been

allocated to such State, and that would have been apportioned

to such State, as a result of application of section 1003(c)

of the Intermodal Surface Transportation Efficiency Act of 1991.

(2) EXCLUSION OF CERTAIN FUNDING.—In determining the

amount of any reduction under paragraph (1), the Secretary

shall deduct the amount allocated to each State in fiscal year

1996 to carry out projects under section 202 of this Act.

(b) UNOBLIGATED BALANCE FLEXIBILITY.—Upon request of a

State, the Secretary shall make available to carry out projects

eligible for assistance under chapter 1 of title 23, United States

Code, in fiscal year 1996 an amount not to exceed the amount

determined under subsection (a) for the State. Such funds shall

be made available from authorized funds that were allocated or

apportioned to such State and were not obligated as of September

30, 1995. The State shall designate on or before the 30th day

following the date of the enactment of this Act, or as soon as

possible thereafter, which of such authorized funds are to be made

available under this section to carry out such projects. The Secretary

shall make available, before the 45th day following such date of

enactment or as soon as possible thereafter, funds designated under

the preceding sentence to the State.

(c) SPECIAL RULES.—

(1) URBANIZED AREAS OF OVER 200,000.—Funds that were

apportioned to the State under section 104(b)(3) of title 23,

United States Code, and attributed to urbanized areas of a

State with an urbanized population of over 200,000 under section 133(d)(3) of such title may be designated by the State

under subsection (b) only if the metropolitan planning organization designated for such area concurs, in writing, with such

designation.

(2) CONGESTION MITIGATION AND AIR QUALITY AND SURFACE

TRANSPORTATION PROGRAM TRANSPORTATION ENHANCEMENT

ACTIVITIES BALANCES.—

(A) IN GENERAL.—Except as provided in subparagraph

(B), States may not designate under subsection (b) CMAQ

and STP transportation enhancement funds.

(B) EXCEPTION FOR INSUFFICIENT FUNDING AVAILABILITY.—If the Secretary determines—

(i) that there is not sufficient funding available

to pay the Federal share of the cost of a project in

fiscal year 1996 from funds apportioned or allocated

to a State under title 23, United States Code, and

title I of the Intermodal Surface Transportation Efficiency Act of 1991 and available for carrying out

projects of the same category as such project, and

(ii) that the State has utilized all flexibility and

transferability available to it under title 23, United

States Code, and this section with respect to such

project,

the State may designate in fiscal year 1996 under subsection (b) CMAQ and STP transportation enhancement

funds apportioned or allocated to the State and not obliEffective date.
109 STAT. 576 PUBLIC LAW 104–59—NOV. 28, 1995

gated as of the date of the enactment of this Act to carry

out such project.

(C) CMAQ AND STP TRANSPORTATION ENHANCEMENT

FUNDS DEFINED.—In this paragraph, the term ‘‘CMAQ and

STP transportation enhancement funds’’ means—

(i) funds apportioned under section 104(b)(2) of

title 23, United States Code; and

(ii) funds apportioned under section 104(b)(3) of

such title and available only for transportation

enhancement activities under section 133(d)(3) of such

title.

(3) INTERSTATE CONSTRUCTION BALANCES.—A State may

not designate under subsection (b) more than 1⁄3 of funds apportioned or allocated to the State for interstate construction and

not obligated as of the date of the enactment of this Act.

(d) APPLICABILITY OF CHAPTER 1 OF TITLE 23.—Notwithstanding

any other provision of law, amounts designated under subsection

(b) shall be made available for obligation in the same manner

as if such funds were apportioned under chapter 1 of title 23,

United States Code. Such amounts shall be available for obligation

for the same period for which such amounts were originally made

available for obligation. Obligation limitations for Federal-aid highways and highway safety construction programs established by

the Intermodal Surface Transportation Efficiency Act of 1991 and

subsequent laws shall apply to obligations made under this section.

(e) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this

section shall be construed to affect calculations under section 157

of title 23, United States Code, and sections 1002(e), 1013(c),

1015(a), and 1015(b) of the Intermodal Surface Transportation Efficiency Act of 1991.

(f) STATE.—In this section and section 202, the term ‘‘State’’

has the meaning such term has under section 401 of title 23,

United States Code.

SEC. 205. RELIEF FROM MANDATES.

(a) SUSPENSION OF MANAGEMENT SYSTEMS.—Section 303 of title

23, United States Code, is amended—

(1) by striking subsection (c) and inserting the following:

‘‘(c) STATE ELECTION.—A State may elect, at any time, not

to implement, in whole or in part, 1 or more of the management

systems required under this section. The Secretary may not impose

any sanction on, or withhold any benefit from, a State on the

basis of such an election.’’; and

(2) in subsection (f)—

(A) by striking ‘‘(f) ANNUAL REPORT.—Not’’ and inserting the following:

‘‘(f) REPORTS.—

‘‘(1) ANNUAL REPORTS.—Not’’;

(B) by moving the remainder of the text of paragraph

(1), as designated by subparagraph (A) of this paragraph,

2 ems to the right; and

(C) by adding at the end the following:

‘‘(2) REPORT ON IMPLEMENTATION.—Not later than October

1, 1996, the Comptroller General, in consultation with States,

shall transmit to Congress a report on the management systems

under this section, including recommendations as to whether,
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 577

to what extent, and how the management systems should be

implemented.’’.

(b) ASPHALT PAVEMENT CONTAINING RECYCLED RUBBER.—Section 1038 of the Intermodal Surface Transportation Efficiency Act

of 1991 (23 U.S.C. 109 note; 105 Stat. 1987–1990) is amended

by striking subsection (d).

(c) METRIC REQUIREMENTS.—

(1) PLACEMENT AND MODIFICATION OF SIGNS.—The Secretary shall not require the States to expend any Federal

or State funds to construct, erect, or otherwise place or to

modify any sign relating to a speed limit, distance, or other

measurement on a highway for the purpose of having such

sign establish such speed limit, distance, or other measurement

using the metric system.

(2) OTHER ACTIONS.—Before September 30, 2000, the Secretary shall not require that any State use or plan to use

the metric system with respect to designing or advertising,

or preparing plans, specifications, estimates, or other documents, for a Federal-aid highway project eligible for assistance

under title 23, United States Code.

(3) DEFINITIONS.—In this subsection, the following definitions apply:

(A) HIGHWAY.—The term ‘‘highway’’ has the meaning

such term has under section 101 of title 23, United States

Code.

(B) METRIC SYSTEM.—The term ‘‘metric system’’ has

the meaning the term ‘‘metric system of measurement’’

has under section 4 of the Metric Conversion Act of 1975

(15 U.S.C. 205c).

(d) REPEAL OF NATIONAL MAXIMUM SPEED LIMIT COMPLIANCE

PROGRAM.—

(1) IN GENERAL.—Title 23, United States Code, is amended—

(A) in section 141 by striking subsection (a) and

redesignating subsections (b) through (d) as subsections

(a) through (c), respectively; and

(B) by striking section 154.

(2) CONFORMING AMENDMENT.—The analysis to chapter 1

of such title is amended by striking the item relating to section

154.

(3) APPLICABILITY.—The amendments made by paragraph

(1) shall be applicable to a State on the 10th day following

the date of the enactment of this Act; except that if the legislature of a State is not in session on such date of enactment

and the chief executive officer of the State declares, before

such 10th day, that the legislature is not in session and that

the State prefers an applicability date for such amendments

that is after the date on which the legislature will convene,

such amendments shall be applicable to the State on the 60th

day following the date on which the legislature next convenes.

(e) ELIMINATION OF PENALTY FOR NONCOMPLIANCE FOR MOTORCYCLE HELMETS.—Effective September 30, 1995, section 153(h) of

title 23, United States Code, is amended by striking ‘‘a law described

in subsection (a)(1) and’’ each place it appears.

SEC. 206. DEFINITIONS.

In this title, the following definitions apply:

Effective date.

23 USC 141 note.

23 USC 109 note.
109 STAT. 578 PUBLIC LAW 104–59—NOV. 28, 1995

(1) AUTHORIZED FUNDS.—The term ‘‘authorized funds’’

means funds authorized to be appropriated out of the Highway

Trust Fund (other than the Mass Transit Account) to carry

out title 23, United States Code (other than sections 402 and

410) and the Intermodal Surface Transportation Efficiency Act

of 1991 and subject to an obligation limitation.

(2) URBANIZED AREA.—The term ‘‘urbanized area’’ has the

meaning such term has under section 101(a) of title 23, United

States Code.

TITLE III—MISCELLANEOUS HIGHWAY

PROVISIONS

SEC. 301. TRAFFIC MONITORING, MANAGEMENT, AND CONTROL ON

NHS.

(a) ELIGIBILITY.—Section 103(i) of title 23, United States Code,

is amended by striking paragraph (8) and inserting the following:

‘‘(8) Capital and operating costs for traffic monitoring,

management, and control facilities and programs.’’.

(b) DEFINITIONS.—Section 101(a) of such title is amended—

(1) in the undesignated paragraph relating to the term

‘‘project’’ by inserting before the period at the end the following:

‘‘or any other undertaking eligible for assistance under this

title’’; and

(2) by striking the undesignated paragraph relating to the

term ‘‘startup costs for traffic management and control’’ and

inserting the following:

‘‘The term ‘operating costs for traffic monitoring, management,

and control’ includes labor costs, administrative costs, costs of utilities and rent, and other costs associated with the continuous operation of traffic control, such as integrated traffic control systems,

incident management programs, and traffic control centers.’’.

SEC. 302. TRANSFERABILITY OF APPORTIONMENTS.

The third sentence of section 104(g) of title 23, United States

Code, is amended by striking ‘‘40 percent’’ and inserting ‘‘50 percent’’.

SEC. 303. QUALITY IMPROVEMENT.

(a) LIFE-CYCLE COST ANALYSIS.—Section 106 of title 23, United

States Code, is amended by adding at the end the following:

‘‘(e) LIFE-CYCLE COST ANALYSIS.—

‘‘(1) ESTABLISHMENT.—The Secretary shall establish a program to require States to conduct an analysis of the life-cycle

costs of each usable project segment on the National Highway

System with a cost of $25,000,000 or more.

‘‘(2) ANALYSIS OF THE LIFE-CYCLE COSTS DEFINED.—In this

subsection, the term ‘analysis of the life-cycle costs’ means

a process for evaluating the total economic worth of a usable

project segment by analyzing initial costs and discounted future

costs, such as maintenance, reconstruction, rehabilitation,

restoring, and resurfacing costs, over the life of the project

segment.’’.

(b) VALUE ENGINEERING.—Such section is further amended by

adding at the end the following:

‘‘(f) VALUE ENGINEERING FOR NHS.—
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 579

‘‘(1) REQUIREMENT.—The Secretary shall establish a program to require States to carry out a value engineering analysis

for all projects on the National Highway System with an estimated total cost of $25,000,000 or more.

‘‘(2) VALUE ENGINEERING DEFINED.—In this subsection, the

term ‘value engineering analysis’ means a systematic process

of review and analysis of a project during its design phase

by a multidisciplined team of persons not involved in the project

in order to provide suggestions for reducing the total cost

of the project and providing a project of equal or better quality.

Such suggestions may include combining or eliminating otherwise inefficient or expensive parts of the original proposed

design for the project and total redesign of the proposed project

using different technologies, materials, or methods so as to

accomplish the original purpose of the project.’’.

SEC. 304. DESIGN CRITERIA FOR THE NATIONAL HIGHWAY SYSTEM.

Section 109 of title 23, United States Code, is amended—

(1) by striking subsection (a) and inserting the following:

‘‘(a) IN GENERAL.—The Secretary shall ensure that the plans

and specifications for each proposed highway project under this

chapter provide for a facility that will—

‘‘(1) adequately serve the existing and planned future traffic

of the highway in a manner that is conducive to safety, durability, and economy of maintenance; and

‘‘(2) be designed and constructed in accordance with criteria

best suited to accomplish the objectives described in paragraph

(1) and to conform to the particular needs of each locality.’’;

(2) by striking subsection (c) and inserting the following:

‘‘(c) DESIGN CRITERIA FOR NATIONAL HIGHWAY SYSTEM.—

‘‘(1) IN GENERAL.—A design for new construction,

reconstruction, resurfacing (except for maintenance resurfacing), restoration, or rehabilitation of a highway on the

National Highway System (other than a highway also on the

Interstate System) may take into account, in addition to the

criteria described in subsection (a)—

‘‘(A) the constructed and natural environment of the

area;

‘‘(B) the environmental, scenic, aesthetic, historic,

community, and preservation impacts of the activity; and

‘‘(C) access for other modes of transportation.

‘‘(2) DEVELOPMENT OF CRITERIA.—The Secretary, in cooperation with State highway departments, may develop criteria

to implement paragraph (1). In developing criteria under this

paragraph, the Secretary shall consider the results of the

committee process of the American Association of State Highway and Transportation Officials as used in adopting and

publishing ‘A Policy on Geometric Design of Highways and

Streets’, including comments submitted by interested parties

as part of such process.’’; and

(3) by striking subsection (q) and inserting the following:

‘‘(q) SCENIC AND HISTORIC VALUES.—Notwithstanding subsections (b) and (c), the Secretary may approve a project for the

National Highway System if the project is designed to—

‘‘(1) allow for the preservation of environmental, scenic,

or historic values;

‘‘(2) ensure safe use of the facility; and
109 STAT. 580 PUBLIC LAW 104–59—NOV. 28, 1995

‘‘(3) comply with subsection (a).’’.

SEC. 305. APPLICABILITY OF TRANSPORTATION CONFORMITY

REQUIREMENTS.

(a) HIGHWAY CONSTRUCTION.—Section 109(j) of title 23, United States Code, is amended by striking ‘‘plan for the implementation

of any ambient air quality standard for any air quality control

region designated pursuant to the Clean Air Act, as amended.’’

and inserting the following: ‘‘plan for— ‘‘(1) the implementation of a national ambient air quality standard for each pollutant for which an area is designated

as a nonattainment area under section 107(d) of the Clean

Air Act (42 U.S.C. 7407(d)); or

‘‘(2) the maintenance of a national ambient air quality standard in an area that was designated as a nonattainment

area but that was later redesignated by the Administrator

as an attainment area for the standard and that is required

to develop a maintenance plan under section 175A of the Clean

Air Act (42 U.S.C. 7505a).’’.

(b) CLEAN AIR ACT REQUIREMENTS.—Section 176(c) of the Clean

Air Act (42 U.S.C. 7506(c)) is amended by adding at the end the

following:‘‘(5) APPLICABILITY.—This subsection shall apply only with

respect to—‘‘(A) a nonattainment area and each pollutant for which

the area is designated as a nonattainment area; and ‘‘(B) an area that was designated as a nonattainment area but that was later redesignated by the Administrator

as an attainment area and that is required to develop

a maintenance plan under section 175A with respect to

the specific pollutant for which the area was designated

nonattainment.’’.

SEC. 306. MOTORIST CALL BOXES.

Section 111 of title 23, United States Code, is amended by adding at the end the following: ‘‘(c) MOTORIST CALL BOXES.— ‘‘(1) IN GENERAL.—Notwithstanding subsection (a), a State may permit the placement of motorist call boxes on rightsof-way of the National Highway System. Such motorist call

boxes may include the identification and sponsorship logos of

such call boxes.

‘‘(2) SPONSORSHIP LOGOS.— ‘‘(A) APPROVAL BY STATE AND LOCAL AGENCIES.—All

call box installations displaying sponsorship logos under

this subsection shall be approved by the highway agencies

having jurisdiction of the highway on which they are

located.

‘‘(B) SIZE ON BOX.—A sponsorship logo may be placed

on the call box in a dimension not to exceed the size

of the call box or a total dimension in excess of 12 inches

by 18 inches.

‘‘(C) SIZE ON IDENTIFICATION SIGN.—Sponsorship logos

in a dimension not to exceed 12 inches by 30 inches may

be displayed on a call box identification sign affixed to

the call box post.

‘‘(D) SPACING OF SIGNS.—Sponsorship logos affixed to

an identification sign on a call box post may be located
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 581

on the rights-of-way at intervals not more frequently than

1 per every 5 miles. ‘‘(E) DISTRIBUTION THROUGHOUT STATE.—Within a

State, at least 20 percent of the call boxes displaying

sponsorship logos shall be located on highways outside

of urbanized areas with a population greater than 50,000.

‘‘(3) NONSAFETY HAZARDS.—The call boxes and their location, posts, foundations, and mountings shall be consistent with

requirements of the Manual on Uniform Traffic Control Devices

or any requirements deemed necessary by the Secretary to

assure that the call boxes shall not be a safety hazard to

motorists.’’.

SEC. 307. QUALITY THROUGH COMPETITION.

(a) CONTRACTING FOR ENGINEERING AND DESIGN SERVICES.— Section 112(b)(2) of title 23, United States Code, is amended by

adding at the end the following: ‘‘(C) PERFORMANCE AND AUDITS.—Any contract or subcontract awarded in accordance with subparagraph (A),

whether funded in whole or in part with Federal-aid highway funds, shall be performed and audited in compliance

with cost principles contained in the Federal Acquisition

Regulations of part 31 of title 48, Code of Federal Regulations.

‘‘(D) INDIRECT COST RATES.—Instead of performing its

own audits, a recipient of funds under a contract or subcontract awarded in accordance with subparagraph (A)

shall accept indirect cost rates established in accordance

with the Federal Acquisition Regulations for 1-year

applicable accounting periods by a cognizant Federal or

State government agency, if such rates are not currently

under dispute.

‘‘(E) APPLICATION OF RATES.—Once a firm’s indirect

cost rates are accepted under this paragraph, the recipient

of the funds shall apply such rates for the purposes of

contract estimation, negotiation, administration, reporting,

and contract payment and shall not be limited by administrative or de facto ceilings of any kind.

‘‘(F) PRENOTIFICATION; CONFIDENTIALITY OF DATA.—A

recipient of funds requesting or using the cost and rate

data described in subparagraph (E) shall notify any affected

firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole

or in part, to another firm or to any government agency

which is not part of the group of agencies sharing cost

data under this paragraph, except by written permission

of the audited firm. If prohibited by law, such cost and

rate data shall not be disclosed under any circumstances.

‘‘(G) STATE OPTION.—Subparagraphs (C), (D), (E), and

(F) shall take effect 1 year after the date of the enactment

of this subparagraph; except that if a State, during such

1-year period, adopts by statute an alternative process

intended to promote engineering and design quality and

ensure maximum competition by professional companies

of all sizes providing engineering and design services, such

subparagraphs shall not apply with respect to the State.

If the Secretary determines that the legislature of the

Effective date.
109 STAT. 582 PUBLIC LAW 104–59—NOV. 28, 1995

State did not convene and adjourn a full regular session

during such 1-year period, the Secretary may extend such

1-year period until the adjournment of the next regular

session of the legislature.’’. (b) REPEAL OF PILOT PROGRAM.—Section 1092 of the Intermodal

Surface Transportation Efficiency Act of 1991 (23 U.S.C. 112 note;

105 Stat. 2024) is repealed.

SEC. 308. LIMITATION ON ADVANCE CONSTRUCTION.

Section 115(d) of title 23, United States Code, is amended

to read as follows:

‘‘(d) INCLUSION IN TRANSPORTATION IMPROVEMENT PROGRAM.— The Secretary may approve an application for a project under

this section only if the project is included in the transportation

improvement program of the State developed under section 135(f).’’.

SEC. 309. PREVENTIVE MAINTENANCE.

Section 116 of title 23, United States Code, is amended by adding at the end the following: ‘‘(d) PREVENTIVE MAINTENANCE.—A preventive maintenance

activity shall be eligible for Federal assistance under this title

if the State demonstrates to the satisfaction of the Secretary that

the activity is a cost-effective means of extending the useful life

of a Federal-aid highway.’’.

SEC. 310. FEDERAL SHARE.

(a) SAFETY REST AREAS.—Section 120(c) of title 23, United

States Code, is amended—

(1) by inserting ‘‘safety rest areas,’’ after ‘‘signalization,’’;

and

(2) by adding at the end the following: ‘‘In this subsection,

the term ‘safety rest area’ means an area where motor vehicle

operators can park their vehicles and rest, where food, fuel,

and lodging services are not available, and that is located

on a segment of highway with respect to which the Secretary

determines there is a shortage of public and private areas

at which motor vehicle operators can park their vehicles and

rest.’’.

(b) BICYCLE TRANSPORTATION FACILITIES AND PEDESTRIAN

WALKWAYS.—Section 217(f) of such title is amended by striking

‘‘80 percent’’ and inserting ‘‘determined in accordance with section

120(b)’’.

(c) ECONOMIC GROWTH CENTER DEVELOPMENT HIGHWAYS.—Section 1021(c) of the Intermodal Surface Transportation Efficiency

Act of 1991 (23 U.S.C. 120 note), as amended by section 417 of

the Department of Transportation and Related Agencies Appropriations Act, 1993 (106 Stat. 1565), is amended—

(1) by striking ‘‘and’’ at the end of clause (2) and inserting

‘‘or’’; and

(2) in clause (3) by striking ‘‘section 143 of title 23’’ and

inserting ‘‘a project for construction, reconstruction, or improvement of a development highway under section 143 of such

title on a Federal-aid system (other than the Interstate System),

as such system was described in section 103 of such title

on the day before the date of the enactment of this Act’’.

(d) NORTHWEST ARKANSAS REGIONAL AIRPORT CONNECTOR.— Notwithstanding any other provision of law, the Federal share

of the cost of the project to construct a highway to the Northwest
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 583

Arkansas Regional Airport from United States Route 71 in Arkansas

shall be 95 percent.

SEC. 311. ELIGIBILITY OF BOND AND OTHER DEBT INSTRUMENT

FINANCING FOR REIMBURSEMENT AS CONSTRUCTION

EXPENSES.

(a) IN GENERAL.—Section 122 of title 23, United States Code,

is amended to read as follows:

‘‘§ 122. Payments to States for bond and other debt

instrument financing

‘‘(a) DEFINITION OF ELIGIBLE DEBT FINANCING INSTRUMENT.—

In this section, the term ‘eligible debt financing instrument’ means

a bond or other debt financing instrument, including a note, certificate, mortgage, or lease agreement, issued by a State or political

subdivision of a State or a public authority, the proceeds of which

are used for an eligible project under this title.

‘‘(b) FEDERAL REIMBURSEMENT.—Subject to subsections (c) and

(d), the Secretary may reimburse a State for expenses and costs

incurred by the State or a political subdivision of the State and

reimburse a public authority for expenses and costs incurred by

the public authority for—

‘‘(1) interest payments under an eligible debt financing

instrument;

‘‘(2) the retirement of principal of an eligible debt financing

instrument;

‘‘(3) the cost of the issuance of an eligible debt financing

instrument;

‘‘(4) the cost of insurance for an eligible debt financing

instrument; and

‘‘(5) any other cost incidental to the sale of an eligible

debt financing instrument (as determined by the Secretary).

‘‘(c) CONDITIONS ON PAYMENT.—The Secretary may reimburse

a State or public authority under subsection (b) with respect to

a project funded by an eligible debt financing instrument after

the State or public authority has complied with this title with

respect to the project to the extent and in the manner that would

be required if payment were to be made under section 121.

‘‘(d) FEDERAL SHARE.—The Federal share of the cost of a project

payable under this section shall not exceed the Federal share of

the cost of the project as determined under section 120.

‘‘(e) STATUTORY CONSTRUCTION.—Notwithstanding any other

provision of law, the eligibility of an eligible debt financing

instrument for reimbursement under subsection (b) shall not—

‘‘(1) constitute a commitment, guarantee, or obligation on

the part of the United States to provide for payment of principal

or interest on the eligible debt financing instrument; or

‘‘(2) create any right of a third party against the United

States for payment under the eligible debt financing

instrument.’’.

(b) DEFINITION OF CONSTRUCTION.—The first sentence of the

undesignated paragraph relating to the term ‘‘construction’’ of section 101(a) of such title is amended by inserting ‘‘bond costs and

other costs relating to the issuance in accordance with section

122 of bonds or other debt financing instruments,’’ after ‘‘highway,

including’’.
109 STAT. 584 PUBLIC LAW 104–59—NOV. 28, 1995

(c) CONFORMING AMENDMENT.—The analysis for chapter 1 of such title is amended by striking the item relating to section 122

and inserting the following:

‘‘122. Payments to States for bond and other debt instrument financing.’’.

SEC. 312. VEHICLE WEIGHT AND LONGER COMBINATION VEHICLES

EXEMPTIONS.

(a) SIOUX CITY, IOWA.— (1) VEHICLE WEIGHT LIMITATIONS.—The proviso in the sec- ond sentence of section 127(a) of title 23, United States Code,

is amended by striking ‘‘except for those’’ and inserting the

following: ‘‘except for vehicles using Interstate Route 29

between Sioux City, Iowa, and the border between Iowa and

South Dakota or vehicles using Interstate Route 129 between

Sioux City, Iowa, and the border between Iowa and Nebraska,

and except for those’’. (2) LONGER COMBINATION VEHICLES.—Section 127(d)(1) of

such title is amended by adding at the end the following: ‘‘(F) IOWA.—In addition to vehicles that the State of

Iowa may continue to allow to be operated under subparagraph (A), the State may allow longer combination vehicles

that were not in actual operation on June 1, 1991, to

be operated on Interstate Route 29 between Sioux City,

Iowa, and the border between Iowa and South Dakota

or Interstate Route 129 between Sioux City, Iowa, and

the border between Iowa and Nebraska.’’.

(3) PROPERTY-CARRYING UNIT LIMITATION.—Section 31112(c)

of title 49, United States Code, is amended—

(A) in the subsection heading by striking ‘‘AND ALASKA’’

and inserting ‘‘ALASKA, AND IOWA’’;

(B) by striking ‘‘and’’ at the end of paragraph (2);

(C) by striking the period at the end of paragraph

(3) and inserting ‘‘; and’’; and

(D) by adding at the end the following:

‘‘(4) Iowa may allow the operation on Interstate Route

29 between Sioux City, Iowa, and the border between Iowa

and South Dakota or on Interstate Route 129 between Sioux

City, Iowa, and the border between Iowa and Nebraska of

commercial motor vehicle combinations with trailer length,

semitrailer length, and property-carrying unit length allowed

by law or regulation and in actual lawful operation on a regular

or periodic basis (including continued seasonal operation) in

South Dakota or Nebraska, respectively, before June 2, 1991.’’.

(b) APPLICABILITY OF CERTAIN VEHICLE WEIGHT LIMITATIONS

IN WISCONSIN.—Section 127 of such title is amended by adding

at the end the following: ‘‘(f) OPERATION OF CERTAIN SPECIALIZED HAULING VEHICLES

ON CERTAIN WISCONSIN HIGHWAYS.—If the 104-mile portion of

Wisconsin State Route 78 and United States Route 51 between

Interstate Route 94 near Portage, Wisconsin, and Wisconsin State

Route 29 south of Wausau, Wisconsin, is designated as part of

the Interstate System under section 139(a), the single axle weight,

tandem axle weight, gross vehicle weight, and bridge formula limits

set forth in subsection (a) shall not apply to the 104-mile portion

with respect to the operation of any vehicle that could legally

operate on the 104-mile portion before the date of the enactment

of this subsection.’’.
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 585

SEC. 313. TOLL ROADS.

(a) FEDERAL SHARE FOR HIGHWAYS, BRIDGES, AND TUNNELS.—

Section 129(a)(5) of title 23, United States Code, is amended to

read as follows:

‘‘(5) LIMITATION ON FEDERAL SHARE.—The Federal share

payable for a project described in paragraph (1) shall be a

percentage determined by the State but not to exceed 80 percent.’’.

(b) LOAN PROGRAM.—Section 129(a)(7) of title 23, United States

Code, is amended to read as follows:

‘‘(7) LOANS.—

‘‘(A) IN GENERAL.—A State may loan to a public or

private entity constructing or proposing to construct under

this section a toll facility or non-toll facility with a dedicated revenue source an amount equal to all or part of

the Federal share of the cost of the project if the project

has a revenue source specifically dedicated to it. Dedicated

revenue sources for non-toll facilities include excise taxes,

sales taxes, motor vehicle use fees, tax on real property,

tax increment financing, and such other dedicated revenue

sources as the Secretary determines appropriate.

‘‘(B) COMPLIANCE WITH FEDERAL LAWS.—As a condition

of receiving a loan under this paragraph, the public or

private entity that receives the loan shall ensure that the

project will be carried out in accordance with this title

and any other applicable Federal law, including any

applicable provision of a Federal environmental law.

‘‘(C) SUBORDINATION OF DEBT.—The amount of any loan

received for a project under this paragraph may be subordinated to any other debt financing for the project.

‘‘(D) OBLIGATION OF FUNDS LOANED.—Funds loaned

under this paragraph may only be obligated for projects

under this paragraph.

‘‘(E) REPAYMENT.—The repayment of a loan made

under this paragraph shall commence not later than 5

years after date on which the facility that is the subject

of the loan is open to traffic.

‘‘(F) TERM OF LOAN.—The term of a loan made under

this paragraph shall not exceed 30 years from the date

on which the loan funds are obligated.

‘‘(G) INTEREST.—A loan made under this paragraph

shall bear interest at or below market interest rates, as

determined by the State, to make the project that is the

subject of the loan feasible.

‘‘(H) REUSE OF FUNDS.—Amounts repaid to a State

from a loan made under this paragraph may be obligated—

‘‘(i) for any purpose for which the loan funds were

available under this title; and

‘‘(ii) for the purchase of insurance or for use as

a capital reserve for other forms of credit enhancement

for project debt in order to improve credit market

access or to lower interest rates for projects eligible

for assistance under this title.

‘‘(I) GUIDELINES.—The Secretary shall establish procedures and guidelines for making loans under this paragraph.’’.VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 00058 Frm 00019 Fmt 6580 Sfmt 6581 \SLIPLAW\PUBL59.104 APPS21
109 STAT. 586 PUBLIC LAW 104–59—NOV. 28, 1995

(c) FERRY BOATS AND TERMINAL FACILITIES.—Section 129(c)(5)

of such title is amended—

(1) by inserting before the period at the end of the first sentence the following: ‘‘or between a point in a State and

a point in the Dominion of Canada’’; and (2) in the second sentence—

(A) by striking ‘‘Hawaii and’’ and inserting ‘‘Hawaii,’’; and

(B) by inserting after ‘‘Puerto Rico’’ the following: ‘‘, operations between a point in a State and a point in the

Dominion of Canada,’’.

(d) TREATMENT OF CENTENNIAL BRIDGE, ROCK ISLAND, ILLINOIS, AGREEMENT.—For purposes of section 129(a)(6) of title 23, United

States Code, the agreement concerning the Centennial Bridge, Rock

Island, Illinois, entered into under the Act entitled ‘‘An Act authorizing the city of Rock Island, Illinois, or its assigns, to construct,

maintain, and operate a toll bridge across the Mississippi River

at or near Rock Island, Illinois, and to a place at or near the

city of Davenport, Iowa’’, approved March 18, 1938 (52 Stat. 110),

shall be treated as if the agreement had been entered into under

section 129 of title 23, United States Code, as in effect on December

17, 1991, and may be modified in accordance with section 129(a)(6)

of such title.

(e) COLLECTION OF TOLLS TO FINANCE CERTAIN ENVIRON- MENTAL PROJECTS IN FLORIDA.—Notwithstanding section 129(a) of title 23, United States Code, on request of the Governor of the

State of Florida, the Secretary shall modify the agreement entered

into with the transportation department of the State under section

129(a)(3) of such title to permit the collection of tolls to liquidate

such indebtedness as may be incurred to finance any cost associated

with a feature of an environmental project that is carried out

under State law and approved by the Secretary of the Interior.

SEC. 314. SCENIC BYWAYS.

Section 131(s) of title 23, United Sates Code, is amended by adding at the end the following: ‘‘In designating a scenic byway

for purposes of this section and section 1047 of the Intermodal

Surface Transportation Efficiency Act of 1991, a State may exclude

from such designation any segment of a highway that is inconsistent

with the State’s criteria for designating State scenic byways. Nothing in the preceding sentence shall preclude a State from signing

any such excluded segment, including such segment on a map,

or carrying out similar activities, solely for purposes of system

continuity.’’.

SEC. 315. APPLICABILITY OF CERTAIN REQUIREMENTS TO THIRD

PARTY SELLERS.

Section 133(d) of title 23, United States Code, is amended

by adding at the end the following:

‘‘(5) APPLICABILITY OF CERTAIN REQUIREMENTS TO THIRD

PARTY SELLERS.—

‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), in the case of a transportation enhancement activity funded from the allocation required under

paragraph (2), if real property or an interest in real property is to be acquired from a qualified organization exclusively for conservation purposes (as determined under section 170(h) of the Internal Revenue Code of 1986), theVerDate 17-NOV-95 22:30 Dec 01, 1
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 587

organization shall be considered to be the owner of the

property for the purpose of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970

(42 U.S.C. 4601 et seq.).

‘‘(B) FEDERAL APPROVAL PRIOR TO INVOLVEMENT OF

QUALIFIED ORGANIZATION.—If Federal approval of the

acquisition of the real property or interest predates the

involvement of a qualified organization described in

subparagraph (A) in the acquisition of the property, the

organization shall be considered to be an acquiring agency

or person as described in section 24.101(a)(2) of title 49,

Code of Federal Regulations, for the purpose of the Uniform

Relocation Assistance and Real Property Acquisition Policies Act of 1970.

‘‘(C) ACQUISITIONS ON BEHALF OF RECIPIENTS OF FED- ERAL FUNDS.—If a qualified organization described in subparagraph (A) has contracted with a State highway

department or other recipient of Federal funds to acquire

the real property or interest on behalf of the recipient,

the organization shall be considered to be an agent of

the recipient for the purpose of the Uniform Relocation

Assistance and Real Property Acquisition Policies Act of

1970.’’.

SEC. 316. STREAMLINING FOR TRANSPORTATION ENHANCEMENT

PROJECTS.

Section 133(e) of title 23, United States Code, is amended—

(1) in paragraph (3)—

(A) by striking ‘‘(3) PAYMENTS.—The’’ and inserting

the following:

‘‘(3) PAYMENTS.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), the’’;

(B) by moving the remainder of the text of subparagraph (A), as designated by subparagraph (A) of this paragraph, 2 ems to the right; and

(C) by adding at the end the following:

‘‘(B) ADVANCE PAYMENT OPTION FOR TRANSPORTATION

ENHANCEMENT ACTIVITIES.—

‘‘(i) IN GENERAL.—The Secretary may advance

funds to the State for transportation enhancement

activities funded from the allocation required by subsection (d)(2) for a fiscal year if the Secretary certifies

for the fiscal year that the State has authorized and

uses a process for the selection of transportation

enhancement projects that involves representatives of

affected public entities, and private citizens, with

expertise related to transportation enhancement activities.

‘‘(ii) LIMITATION ON AMOUNTS.—Amounts advanced

under this subparagraph shall be limited to such

amounts as are necessary to make prompt payments

for project costs.

‘‘(iii) EFFECT ON OTHER REQUIREMENTS.—This

subparagraph shall not exempt a State from other

requirements of this title relating to the surface

transportation program.’’; andVerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 00058 Frm 00021 Fmt 6580 Sfmt 658
109 STAT. 588 PUBLIC LAW 104–59—NOV. 28, 1995

(2) by adding at the end the following:

‘‘(5) TRANSPORTATION ENHANCEMENT ACTIVITIES.— ‘‘(A) CATEGORICAL EXCLUSIONS.—To the extent appropriate, the Secretary shall develop categorical exclusions

from the requirement that an environmental assessment

or an environmental impact statement under section 102

of the National Environmental Policy Act of 1969 (42 U.S.C.

4332) be prepared for transportation enhancement activities funded from the allocation required by subsection

(d)(2).

‘‘(B) NATIONWIDE PROGRAMMATIC AGREEMENT.—The

Secretary, in consultation with the National Conference

of State Historic Preservation Officers and the Advisory

Council on Historic Preservation established under title

II of the National Historic Preservation Act (16 U.S.C.

470i et seq.), shall develop a nationwide programmatic

agreement governing the review of transportation enhancement activities funded from the allocation required by subsection (d)(2), in accordance with—

‘‘(i) section 106 of such Act (16 U.S.C. 470f); and

‘‘(ii) the regulations of the Advisory Council on

Historic Preservation.’’.

SEC. 317. METROPOLITAN PLANNING FOR HIGHWAY PROJECTS.

Section 134(f) of title 23, United States Code, is amended

by adding at the end the following:

‘‘(16) Recreational travel and tourism.’’.

SEC. 318. NON-FEDERAL SHARE FOR CERTAIN TOLL BRIDGE

PROJECTS.

Section 144(l) of title 23, United States Code, is amended by

adding at the end the following: ‘‘Any non-Federal funds expended

for the seismic retrofit of the bridge may be credited toward the

non-Federal share required as a condition of receipt of any Federal

funds for seismic retrofit of the bridge made available after the

date of the expenditure.’’.

SEC. 319. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT

PROGRAM.

(a) AREAS ELIGIBLE FOR FUNDS.— (1) IN GENERAL.—The first sentence of section 149(b) of

title 23, United States Code, is amended—

(A) by inserting ‘‘if the project or program is for an

area in the State that was designated as a nonattainment

area under section 107(d) of the Clean Air Act (42 U.S.C.

7407(d)) during any part of fiscal year 1994 and’’ after

‘‘program’’ the second place it appears; and (B) in paragraph (1)(A) by striking ‘‘contribute’’ and

all that follows through ‘‘; or’’ and inserting the following:

‘‘contribute to—

‘‘(i) the attainment of a national ambient air quality standard; or ‘‘(ii) the maintenance of a national ambient air

quality standard in an area that was designated as

a nonattainment area but that was later redesignated

by the Administrator of the Environmental Protection

Agency as an attainment area under section 107(d)

of the Clean Air Act (42 U.S.C. 7407(d)); or’’.VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 589

(2) APPORTIONMENT.—Section 104(b)(2) of such title is

amended—

(A) in the second sentence, by striking ‘‘is a nonattainment area (as defined in the Clean Air Act) for ozone’’

and inserting ‘‘was a nonattainment area (as defined in

section 171(2) of the Clean Air Act (42 U.S.C. 7501(2)))

for ozone during any part of fiscal year 1994’’; and

(B) in the third sentence—

(i) by striking ‘‘is also’’ and inserting ‘‘was also’’;

and

(ii) by inserting ‘‘during any part of fiscal year

1994’’ after ‘‘monoxide’’.

(b) TRAFFIC MONITORING, MANAGEMENT, AND CONTROL FACILITIES AND PROGRAMS.—The first sentence of section 149(b) of title

23, United States Code, is amended—

(1) by striking ‘‘or’’ at the end of paragraph (2);

(2) by striking the period at the end of paragraph (3)

and inserting a semicolon; and

(3) by adding at the end the following:

‘‘(4) to establish or operate a traffic monitoring, management, and control facility or program if the Secretary, after

consultation with the Administrator of the Environmental

Protection Agency, determines that the facility or program is

likely to contribute to the attainment of a national ambient

air quality standard; or’’.

(c) EFFECT OF LIMITATION ON APPORTIONMENT.—Notwithstanding any other provision of law, for each of fiscal years 1996 and

1997, the amendments made by subsection (a) shall not affect

any apportionment adjustments under section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat.

1943).

SEC. 320. OPERATION OF MOTOR VEHICLES BY INTOXICATED MINORS.

(a) IN GENERAL.—Chapter 1 of title 23, United States Code,

is amended by adding at the end the following:

‘‘§ 161. Operation of motor vehicles by intoxicated minors

‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NONCOMPLIANCE.—

‘‘(1) FISCAL YEAR 1999.—The Secretary shall withhold 5

percent of the amount required to be apportioned to any State

under each of paragraphs (1), (3), and (5)(B) of section 104(b)

on October 1, 1998, if the State does not meet the requirement

of paragraph (3) on that date.

‘‘(2) THEREAFTER.—The Secretary shall withhold 10 percent

(including any amounts withheld under paragraph (1)) of the

amount required to be apportioned to any State under each

of paragraphs (1), (3), and (5)(B) of section 104(b) on October

1, 1999, and on October 1 of each fiscal year thereafter, if

the State does not meet the requirement of paragraph (3)

on that date.

‘‘(3) REQUIREMENT.—A State meets the requirement of this

paragraph if the State has enacted and is enforcing a law

that considers an individual under the age of 21 who has

a blood alcohol concentration of 0.02 percent or greater while

operating a motor vehicle in the State to be driving while

intoxicated or driving under the influence of alcohol.

23 USC 104 note.VerDate 17-NOV-95 22:30 Dec 01, 19
109 STAT. 590 PUBLIC LAW 104–59—NOV. 28, 1995

‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLIANCE AND NON- COMPLIANCE.— ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD FUNDS.— ‘‘(A) FUNDS WITHHELD ON OR BEFORE SEPTEMBER 30,

2000.—Any funds withheld under subsection (a) from apportionment to any State on or before September 30, 2000,

shall remain available until the end of the third fiscal

year following the fiscal year for which the funds are

authorized to be appropriated.

‘‘(B) FUNDS WITHHELD AFTER SEPTEMBER 30, 2000.—

No funds withheld under this section from apportionment

to any State after September 30, 2000, shall be available

for apportionment to the State.

‘‘(2) APPORTIONMENT OF WITHHELD FUNDS AFTER COMPLI- ANCE.—If, before the last day of the period for which funds withheld under subsection (a) from apportionment are to

remain available for apportionment to a State under paragraph

(1), the State meets the requirement of subsection (a)(3), the

Secretary shall, on the first day on which the State meets

the requirement, apportion to the State the funds withheld

under subsection (a) that remain available for apportionment

to the State.

‘‘(3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY APPORTIONED FUNDS.—Any funds apportioned pursuant to paragraph

(2) shall remain available for expenditure until the end of

the third fiscal year following the fiscal year in which the

funds are so apportioned. Sums not obligated at the end of

that period shall lapse.

‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the end of the

period for which funds withheld under subsection (a) from

apportionment are available for apportionment to a State under

paragraph (1), the State does not meet the requirement of

subsection (a)(3), the funds shall lapse.’’.

(b) CONFORMING AMENDMENT.—The analysis of such chapter

is amended by adding at the end the following:

‘‘161. Operation of motor vehicles by intoxicated minors.’’.

SEC. 321. UTILIZATION OF THE PRIVATE SECTOR FOR SURVEYING

AND MAPPING SERVICES.

Section 306 of title 23, United States Code, is amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In’’; and

(2) by adding at the end the following:

‘‘(b) GUIDANCE.—The Secretary shall issue guidance to encourage States to utilize, to the maximum extent practicable, private

sector sources for surveying and mapping services for projects under

this title. In carrying out this subsection, the Secretary shall recommend appropriate roles for State and private mapping and

surveying activities, including—

‘‘(1) preparation of standards and specifications;

‘‘(2) research in surveying and mapping instrumentation

and procedures and technology transfer to the private sector;

‘‘(3) providing technical guidance, coordination, and

administration of State surveying and mapping activities; and

‘‘(4) recommending methods for increasing the use by the

States of private sector sources for surveying and mapping

activities.’’.VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 00058 Frm 00024 Fmt 6580 Sfmt 6581 \SLIPLAW\PUB
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 591

SEC. 322. DONATIONS OF FUNDS, MATERIALS, OR SERVICES FOR FEDERALLY ASSISTED PROJECTS.

Section 323 of title 23, United States Code, is amended—

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following: ‘‘(c) CREDIT FOR DONATIONS OF FUNDS, MATERIALS, OR SERV- ICES.—Nothing in this title or any other law shall prevent a person from offering to donate funds, materials, or services in connection

with a project eligible for assistance under this title. In the case

of such a project with respect to which the Federal Government

and the State share in paying the cost, any donated funds, or

the fair market value of any donated materials or services, that

are accepted and incorporated into the project by the State highway

department shall be credited against the State share.’’.

SEC. 323. DISCOVERY AND ADMISSION AS EVIDENCE OF CERTAIN

REPORTS AND SURVEYS.

Section 409 of title 23, United States Code, is amended by inserting ‘‘or collected’’ after ‘‘compiled’’.

SEC. 324. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.

(a) TECHNICAL AMENDMENT.—Section 410(d)(1)(E) of title 23,

United States Code, is amended by striking ‘‘the date of enactment

of this section’’ and inserting ‘‘December 18, 1991’’. (b) BASIC GRANT ELIGIBILITY.—Section 410(d) of such title is

amended—

(1) in paragraph (3)— (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and

(B) by adding at the end the following: ‘‘(B) A State shall be treated as having met the requirement of this paragraph if— ‘‘(i) the State provides to the Secretary a written certifi- cation that the highest court of the State has issued a

decision indicating that implementation of subparagraph

(A) would constitute a violation of the constitution of the

State; and

‘‘(ii) the State demonstrates to the satisfaction of the

Secretary that— ‘‘(I) the alcohol fatal crash involvement rate in

the State has decreased in each of the 3 most recent

calendar years for which statistics for determining such

rate are available; and

‘‘(II) the alcohol fatal crash involvement rate in

the State has been lower than the average such rate

for all States in each of such calendar years.’’; and

(2) by adding at the end the following:

‘‘(7) Any individual under age 21 with a blood alcohol

concentration of 0.02 percent or greater when driving a motor

vehicle shall be deemed to be driving while intoxicated or

driving under the influence of alcohol.’’.

(c) SUPPLEMENTAL GRANTS.—Section 410(f) of such title is

amended by striking paragraph (1) and redesignating paragraphs

(2) through (7) as paragraphs (1) through (6), respectively.

SEC. 325. REFERENCES TO COMMITTEE ON TRANSPORTATION AND

INFRASTRUCTURE.

(a) RAILWAY-HIGHWAY CROSSINGS REPORT.—The third sentence

of section 130(g) of title 23, United States Code, is amended byVerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 0
109 STAT. 592 PUBLIC LAW 104–59—NOV. 28, 1995

striking ‘‘Committee on Public Works and Transportation’’ and

inserting ‘‘Committee on Transportation and Infrastructure’’. (b) HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION

REPORT.—Section 144(i)(1) of such title is amended by striking ‘‘Committee on Public Works and Transportation’’ and inserting

‘‘Committee on Transportation and Infrastructure’’. (c) HAZARD ELIMINATION REPORT.—The third sentence of section

152(g) of such title is amended by striking ‘‘Committee on Public

Works and Transportation’’ and inserting ‘‘Committee on Transportation and Infrastructure’’.

(d) RESEARCH REPORTS.—Subsections (d)(5), (e)(11), and (h) of

section 307 of such title are each amended by striking ‘‘Committee

on Public Works and Transportation’’ and inserting ‘‘Committee

on Transportation and Infrastructure’’. (e) CONGESTION PRICING PILOT PROGRAM REPORT.—Section

1012(b)(5) of the Intermodal Surface Transportation Efficiency Act

of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) is amended by striking

‘‘Committee on Public Works and Transportation’’ and inserting

‘‘Committee on Transportation and Infrastructure’’. (f) MOTOR FUEL TAX ENFORCEMENT REPORT.—Section

1040(d)(1) of such Act (23 U.S.C. 101 note; 105 Stat. 1992) is

amended by striking ‘‘Committee on Public Works and Transportation’’ and inserting ‘‘Committee on Transportation and Infrastructure’’.

(g) ALLOCATION FORMULA STUDY.—Section 1098(b) of such Act

(23 U.S.C. 104 note; 105 Stat. 2025) is amended by striking ‘‘these

committees as they’’ and inserting ‘‘the Committee on Environment

and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives as the

committees’’.

(h) NATIONAL RECREATIONAL TRAILS REPORT.—Section 1303(i)

of such Act (16 U.S.C. 1262(i)) is amended by striking ‘‘Committee

on Public Works and Transportation’’ and inserting ‘‘Committee

on Transportation and Infrastructure’’.

SEC. 326. PUBLIC TRANSIT VEHICLES EXEMPTION.

Section 1023(h)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 127 note) is amended— (1) by striking ‘‘2-year’’ the first place it appears and all that follows through ‘‘Act,’’ and inserting ‘‘period beginning

on October 6, 1992, and ending on the date on which Federalaid highway and transit programs are reauthorized after the

date of the enactment of the National Highway System Designation Act of 1995,’’; and

(2) by striking the second sentence.

SEC. 327. USE OF RECYCLED PAVING MATERIAL.

Section 1038 of the Intermodal Surface Transportation Effi- ciency Act of 1991 (23 U.S.C. 109 note; 105 Stat. 1987–1990),

as amended by section 205(b) of this Act, is amended—

(1) by inserting before subsection (e) the following:

‘‘(d) ASPHALT PAVEMENT CONTAINING RECYCLED RUBBER.— ‘‘(1) CRUMB RUBBER MODIFIER RESEARCH.—Not later than

180 days after the date of the enactment of the National Highway System Designation Act of 1995, the Secretary shall

develop testing procedures and conduct research to develop

performance grade classifications, in accordance with the strategic highway research program carried out under section 307(d)VerDate 17-NOV-95 22:30 Dec 01, 1
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 593

of title 23, United States Code, for crumb rubber modifier

binders. The testing procedures and performance grade classifications should be developed in consultation with representatives of the crumb rubber modifier industry and other interested

parties (including the asphalt paving industry) with experience

in the development of the procedures and classifications.

‘‘(2) CRUMB RUBBER MODIFIER PROGRAM DEVELOPMENT.—

‘‘(A) IN GENERAL.—The Secretary may make grants

to States to develop programs to use crumb rubber from

scrap tires to modify asphalt pavements.

‘‘(B) USE OF GRANT FUNDS.—Grant funds made available to States under this paragraph shall be used—

‘‘(i) to develop mix designs for crumb rubber modified asphalt pavements;

‘‘(ii) for the placement and evaluation of crumb

rubber modified asphalt pavement field tests; and

‘‘(iii) for the expansion of State crumb rubber modifier programs in existence on the date the grant is

made available.’’; and

(2) in subsection (e) by striking paragraph (1) and inserting

the following:

‘‘(1) the term ‘asphalt pavement containing recycled rubber’

means any mixture of asphalt and crumb rubber derived from

whole scrap tires, such that the physical properties of the

asphalt are modified through the mixture, for use in pavement

maintenance, rehabilitation, or construction applications; and’’.

SEC. 328. ROADSIDE BARRIER TECHNOLOGY.

Section 1058 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 109 note; 105 Stat. 2003) is amended—

(1) in subsection (a)—

(A) by striking ‘‘median’’ and inserting ‘‘or temporary

crashworthy’’; and

(B) by inserting ‘‘crashworthy’’ after ‘‘innovative’’; and

(2) in subsection (c)—

(A) in the subsection heading by inserting ‘‘CRASHWORTHY’’ after ‘‘INNOVATIVE’’;

(B) by inserting ‘‘crashworthy’’ after ‘‘innovative’’;

(C) by striking ‘‘median’’;

(D) by inserting ‘‘or guiderail’’ after ‘‘guardrail’’; and

(E) by inserting before the period at the end the following: ‘‘, and that meets or surpasses the requirements of

the National Cooperative Highway Research Program 350

for longitudinal barriers’’.

SEC. 329. CORRECTIONS TO MISCELLANEOUS AUTHORIZATIONS.

(a) GOWANUS EXPRESSWAY CORRIDOR, NEW YORK.—Section

1069(ee) of the Intermodal Surface Transportation Efficiency Act

of 1991 (105 Stat. 2011) is amended by adding at the end the

following: ‘‘In carrying out such improvements, the State of New

York shall consider the economic and social impacts of the project

on the neighboring community.’’.

(b) NEW YORK CITY, NEW YORK.—Section 1069(gg) of such

Act (105 Stat. 2011) is amended to read as follows:

‘‘(gg) INTERMODAL FACILITIES, NEW YORK.—

‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsectionVerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 0
109 STAT. 594 PUBLIC LAW 104–59—NOV. 28, 1995

$150,000,000 for fiscal years beginning after September 30,

1995, for—

‘‘(A) design and construction of the Whitehall Street

Ferry Terminals in New York, New York;

‘‘(B) completion of construction of the Oak Point Link

in the Harlem River in New York, New York;

‘‘(C) engineering, design, and construction activities

to permit the James A. Farley Post Office in New York,

New York, to be used as an intermodal transportation

facility and commercial center; and

‘‘(D) necessary improvements to and redevelopment of

Pennsylvania Station and associated service buildings in

New York, New York.

Such sums shall remain available until expended.

‘‘(2) ALLOCATION OF FUNDS.—Of the amounts made available under paragraph (1)— ‘‘(A) not to exceed $50,000,000 may be used to carry out paragraph (1)(A); and ‘‘(B) not to exceed $10,000,000 may be used to carry out paragraph (1)(B).’’.

SEC. 330. CORRECTIONS TO HIGH COST BRIDGE PROJECTS.

The table contained in section 1103(b) of the Intermodal Surface

Transportation Efficiency Act of 1991 (105 Stat. 2027–2028) is

amended—

(1) in item number 2, relating to Eugene, Oregon—

(A) by striking ‘‘Construction’’ and inserting ‘‘Design,

right-of-way acquisition, and construction’’; and

(B) by inserting ‘‘, including pedestrian, bicycle, and

vehicle approach roadways, intersections, signalization, and

structural bridge changes, and related structures between

East Broadway and Oakway Road’’ after ‘‘Bridge’’;

(2) in item 5, relating to Gloucester Point, Virginia, by

inserting after ‘‘York River’’ the following: ‘‘and for repair,

strengthening, and rehabilitation of the existing bridge’’; and (3) in item 10, relating to Shakopee, Minnesota, by inserting ‘‘project, including the bypass of’’ after ‘‘replacement’’.

SEC. 331. CORRECTIONS TO CONGESTION RELIEF PROJECTS.

The table contained in section 1104(b) of the Intermodal Surface

Transportation Efficiency Act of 1991 (105 Stat. 2029–2031) is

amended—

(1) in item 1, relating to Long Beach, California, by striking

‘‘HOV Lanes on’’ and inserting ‘‘downtown Long Beach access

ramps into the southern terminus of’’;

(2) in item 10, relating to San Diego, California, by striking

‘‘1 block of Cut and Cover Tunnel on Rt. 15’’ and inserting

‘‘bridge decking on Route 15’’;

(3) in item 23, relating to Tucson, Arizona, by inserting

‘‘, of which a total of $3,609,620 shall be available for the

project authorized by item 74 of the table contained in section

1106(b)’’ after ‘‘in Tucson, Arizona’’;

(4) in item 38, relating to New York, New York, by striking

‘‘Construction’’ and all that follows through ‘‘Bypass’’ and inserting the following: ‘‘Whitehall Street ferry terminals’’; and

(5) in item 43, relating to West Virginia, by striking ‘‘Coal

Fields’’ and inserting ‘‘Coalfields’’.VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 00058 Frm 00028 Fmt 
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 595

SEC. 332. HIGH PRIORITY CORRIDORS.

(a) IDENTIFICATION OF HIGH PRIORITY CORRIDORS.—

(1) IN GENERAL.—Section 1105(c) of the Intermodal Surface

Transportation Efficiency Act of 1991 (105 Stat. 2032) is amended—

(A) by inserting before the period at the end of paragraph (3) the following: ‘‘commencing on the Atlantic Coast

in the Hampton Roads area going westward across Virginia

to the vicinity of Lynchburg, Virginia, continuing west to

serve Roanoke and then to a West Virginia corridor centered around Beckley to Welch as part of the Coalfields

Expressway described in section 1069(v), then to

Williamson sharing a common corridor with the I–73/74

Corridor (referred to in item 12 of the table contained

in subsection (f)), then to a Kentucky Corridor centered

on the cities of Pikeville, Jenkins, Hazard, London, Somerset, Columbia, Bowling Green, Hopkinsville, Benton, and

Paducah, into Illinois, and into Missouri and exiting western Missouri and moving westward across southern Kansas’’;

(B) by striking paragraph (5) and inserting the following:

‘‘(5)(A) I–73/74 North-South Corridor from Charleston,

South Carolina, through Winston-Salem, North Carolina, to

Portsmouth, Ohio, to Cincinnati, Ohio, to termini at Detroit,

Michigan and Sault Ste. Marie, Michigan. The Sault Ste. Marie

terminus shall be reached via a corridor connecting Adrian,

Jackson, Lansing, Mount Pleasant, and Grayling, Michigan.

‘‘(B)(i) In the Commonwealth of Virginia, the Corridor shall

generally follow—

‘‘(I) United States Route 220 from the Virginia-North

Carolina border to I–581 south of Roanoke;

‘‘(II) I–581 to I–81 in the vicinity of Roanoke;

‘‘(III) I–81 to the proposed highway to demonstrate

intelligent transportation systems authorized by item 29

of the table in section 1107(b) in the vicinity of

Christiansburg to United States Route 460 in the vicinity

of Blacksburg; and

‘‘(IV) United States Route 460 to the West Virginia

State line.

‘‘(ii) In the States of West Virginia, Kentucky, and Ohio,

the Corridor shall generally follow—

‘‘(I) United States Route 460 from the West Virginia

State line to United States Route 52 at Bluefield, West

Virginia; and

‘‘(II) United States Route 52 to United States Route

23 at Portsmouth, Ohio.

‘‘(iii) In the States of North Carolina and South Carolina,

the Corridor shall generally follow—

‘‘(I) in the case of I–73—

‘‘(aa) United States Route 220 from the Virginia

State line to State Route 68 in the vicinity of Greensboro;

‘‘(bb) State Route 68 to I–40;

‘‘(cc) I–40 to United States Route 220 in Greensboro;VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 00058 Frm 00029 Fmt 6580 Sfmt 6581 \SLIPLAW\PUBL59.104 APPS21
109 STAT. 596 PUBLIC LAW 104–59—NOV. 28, 1995

‘‘(dd) United States Route 220 to United States

Route 1 near Rockingham;

‘‘(ee) United States Route 1 to the South Carolina

State line; and

‘‘(ff) South Carolina State line to Charleston, South

Carolina; and

‘‘(II) in the case of I–74—

‘‘(aa) I–77 from Bluefield, West Virginia, to the

junction of I–77 and the United States Route 52 connector in Surry County, North Carolina;

‘‘(bb) the I–77/United States Route 52 connector

to United States Route 52 south of Mount Airy, North

Carolina;

‘‘(cc) United States Route 52 to United States

Route 311 in Winston-Salem, North Carolina;

‘‘(dd) United States Route 311 to United States

Route 220 in the vicinity of Randleman, North Carolina;

‘‘(ee) United States Route 220 to United States

Route 74 near Rockingham;

‘‘(ff) United States Route 74 to United States Route

76 near Whiteville;

‘‘(gg) United States Route 74/76 to the South Carolina State line in Brunswick County; and

‘‘(hh) South Carolina State line to Charleston,

South Carolina.’’;

(C) in paragraph (18)—

(i) by striking ‘‘and’’;

(ii) by inserting ‘‘Mississippi, Arkansas,’’ after

‘‘Tennessee,’’;

(iii) by inserting after ‘‘Texas’’ the following: ‘‘,

and to the Lower Rio Grande Valley at the border

between the United States and Mexico; and

(iv) by inserting before the period at the end the

following: ‘‘, and to include the Corpus Christi

Northside Highway and Rail Corridor from the existing

intersection of United States Route 77 and Interstate

Route 37 to United States Route 181, including FM511

from United States Route 77 to the Port of Brownsville’’; and

(D) by adding at the end the following:

‘‘(22) The Alameda Transportation Corridor along Alameda

Street from the entrance to the ports of Los Angeles and Long

Beach to Interstate 10, Los Angeles, California.

‘‘(23) The Interstate Route 35 Corridor from Laredo, Texas,

through Oklahoma City, Oklahoma, to Wichita, Kansas, to

Kansas City, Kansas/Missouri, to Des Moines, Iowa, to Minneapolis, Minnesota, to Duluth, Minnesota.

‘‘(24) The Dalton Highway from Deadhorse, Alaska to Fairbanks, Alaska.

‘‘(25) State Route 168 (South Battlefield Boulevard), Virginia, from the Great Bridge Bypass to the North Carolina

State line.

‘‘(26) The CANAMEX Corridor from Nogales, Arizona,

through Las Vegas, Nevada, to Salt Lake City, Utah, to Idaho

Falls, Idaho, to Montana, to the Canadian Border as follows:VerDate 17-NOV-95 22:30 Dec 01, 1
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 597

‘‘(A) In the State of Arizona, the CANAMEX Corridor

shall generally follow— ‘‘(i) I–19 from Nogales to Tucson;

‘‘(ii) I–10 from Tucson to Phoenix; and

‘‘(iii) United States Route 93 in the vicinity of

Phoenix to the Nevada Border.

‘‘(B) In the State of Nevada, the CANAMEX Corridor

shall follow—

‘‘(i) United States Route 93 from the Arizona Border to Las Vegas; and

‘‘(ii) I–15 from Las Vegas to the Utah Border.

‘‘(C) From the Utah Border through Montana to the

Canadian Border, the CANAMEX Corridor shall follow I–

15.

‘‘(27) The Camino Real Corridor from El Paso, Texas, to

Denver, Colorado, as follows:

‘‘(A) In the State of Texas, the Camino Real Corridor

shall generally follow—

‘‘(i) arterials from the international ports of entry

to I–10 in El Paso County; and

‘‘(ii) I–10 from El Paso County to the New Mexico

border.

‘‘(B) In the State of New Mexico, the Camino Real

Corridor shall generally follow—

‘‘(i) I–10 from the Texas Border to Las Cruces;

and

‘‘(ii) I–25 from Las Cruces to the Colorado Border.

‘‘(C) In the State of Colorado, the Camino Real Corridor

shall generally follow I–25 from the New Mexico border

to Denver continuing to the Wyoming border.

‘‘(D) In the State of Wyoming, the Camino Real Corridor shall generally follow—

‘‘(i) I–25 north to join with I–90 at Buffalo; and

‘‘(ii) I–90 to the Montana border.

‘‘(E) In the State of Montana, the Camino Real Corridor

shall generally follow—

‘‘(i) I–90 to Billings; and

‘‘(ii) Montana Route 3, United States Route 12,

United States Route 191, United States Route 87, to

I–15 at Great Falls; and

‘‘(iii) I–15 from Great Falls to the Canadian border.

‘‘(28) The Birmingham Northern Beltline beginning at I–

59 in the vicinity of Trussville, Alabama, and traversing

westwardly intersecting with United States Route 75, United

States Route 79, and United States Route 31; continuing southwestwardly intersecting United States Route 78 and terminating at I–59 with the I–459 interchange.

‘‘(29) The Coalfields Expressway beginning at Beckley,

West Virginia, to Pound, Virginia, generally following the corridor defined as State Routes 54, 97, 10, 16, and 83.’’.

(2) INCLUSION OF CERTAIN ROUTE SEGMENTS ON INTERSTATE

SYSTEM.—Section 1105(e) of such Act (105 Stat. 2033) is amended by adding at the end the following:

‘‘(5) INCLUSION OF CERTAIN ROUTE SEGMENTS ON INTERSTATE SYSTEM.—

‘‘(A) IN GENERAL.—The portions of the routes referred

to in clauses (i), (ii), and (iii) of subsection (c)(5)(B), inVerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 0
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subsection (c)(9), and in subsections (c)(18) and (c)(20) that

are not a part of the Interstate System are designated

as future parts of the Interstate System. Any segment

of such routes shall become a part of the Interstate System

at such time as the Secretary determines that the segment—

‘‘(i) meets the Interstate System design standards

approved by the Secretary under section 109(b) of title

23, United States Code; and

‘‘(ii) connects to an existing Interstate System segment.

The portion of the route referred to in subsection (c)(9)

is designated as Interstate Route I–99.

‘‘(B) TREATMENT OF SEGMENTS.—Subject to subparagraph (C), segments designated as part of the Interstate

System by this paragraph and the mileage of such segments

shall be treated in the manner described in the last 2

sentences of section 139(a) of title 23, United States Code.

‘‘(C) USE OF FUNDS.—

‘‘(i) GENERAL RULE.—Funds apportioned under section 104(b)(5)(A) of title 23, United States Code, may

be used on a project to construct a portion of a route

referred to in this paragraph to standards set forth

in section 109(b) of such title if the State determines

that the project for which the funds were originally

apportioned is unreasonably delayed or no longer viable.

‘‘(ii) LIMITATION.—If funds apportioned under section 104(b)(5)(A) of title 23, United States Code, for

completing a segment of the Interstate System are

used on a project pursuant to this subparagraph, no

interstate construction funds may be made available,

after the date of the enactment of this paragraph,

for construction of such segment.’’.

(b) FEASIBILITY STUDIES.—

(1) EVACUATION ROUTES FOR LOUISIANA COASTAL AREAS.—

Section 1105(e)(2) of such Act (105 Stat. 2033) is amended

by adding at the end the following: ‘‘A feasibility study may

be conducted under this paragraph to identify routes that will

expedite future emergency evacuations of coastal areas of Louisiana.’’.

(2) EAST-WEST TRANSAMERICA CORRIDOR.—With amounts

available to the Secretary under section 1105(h) of the Intermodal Surface Transportation Efficiency Act of 1991, the Secretary in cooperation with the States of Virginia and West

Virginia shall conduct a study to determine the feasibility of

establishing a route for the East-West Transamerica Corridor

(designated pursuant to section 1105(c)(3) of such Act) from

Beckley, West Virginia, utilizing a corridor entering Virginia

near the city of Covington then moving south from the Allegheny Highlands to serve Roanoke and continuing east to

Lynchburg. From there such route would continue across Virginia to the Hampton Roads area.

(c) CORRECTIONS TO PROJECTS.—The table contained in section

1105(f) of such Act (105 Stat. 2033–2035) is amended—VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 599

(1) in item 1, relating to Pennsylvania, by inserting after

‘‘For’’ the following: ‘‘the segment described in item 6 of this

table and up to $11,000,000 for’’;

(2) in item 2, relating to Alabama, Georgia, Mississippi,

Tennessee, by inserting after ‘‘Rt. 72’’ the following: ‘‘and up

to $1,500,000 from the State of Alabama’s share of the project

for modification of the Keller Memorial Bridge in Decatur,

Alabama, to a pedestrian structure’’;

(3) in item 21, relating to Louisiana, by inserting after

‘‘Shreveport, Louisiana’’ insert the following: ‘‘, and up to

$6,000,000 for surface transportation projects in Louisiana,

including $4,500,000 for the I–10 and I–610 project in Jefferson

Parish, Louisiana, in the corridor between the St. Charles

Parish line and Tulane Avenue, $500,000 for noise analysis

and safety abatement measures or barriers along the Lakeview

section of I–610 in New Orleans, and $1,000,000 for 3 highway

studies (including $250,000 for a study to widen United States

Route 84/Louisiana Route 6 traversing north Louisiana,

$250,000 for a study to widen Louisiana Route 42 from United

States Route 61 to Louisiana Route 44 and extend to I–10

in East Ascension Parish, and $500,000 for a study to connect

I–20 on both sides of the Ouachita River)’’; and

(4) in item 26, relating to Indiana, Kentucky, Tennessee,

by striking ‘‘Newberry’’ and inserting ‘‘Evansville’’.

(d) COALFIELDS EXPRESSWAY DESCRIPTION.—The first sentence

of section 1069(v) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2010) is amended by striking ‘‘93’’

and inserting the following: ‘‘83, and from the West Virginia-Virginia State line generally following Route 83 to Pound, Virginia.’’.

SEC. 333. CORRECTIONS TO RURAL ACCESS PROJECTS.

The table contained in section 1106(a)(2) of the Intermodal

Surface Transportation Efficiency Act of 1991 (105 Stat. 2037–

2042) is amended—

(1) in item 18, relating to Louisiana, by inserting after

‘‘in Louisiana’’ the following: ‘‘and for Zachary Taylor Parkway,

Alexandria to Bogalusa, Louisiana, to I–59 in Mississippi not

to exceed $1,000,000’’;

(2) in item 34, relating to Illinois, by striking ‘‘Resurfacing’’

and all that follows through ‘‘Omaha’’ and inserting ‘‘Bel-Air

Road improvement from south of Carmi to State Route 141

in southeastern White County’’;

(3) in item 52, relating to Bedford Springs, Pennsylvania,

by striking ‘‘and Huntington’’ and inserting ‘‘Franklin, and

Huntingdon’’;

(4) in item 61, relating to Lubbock, Texas, by striking

‘‘with Interstate 20’’ and inserting ‘‘with Interstate 10 through

Interstate 20 and Interstate 27 north of Amarillo to the border

between Texas and Oklahoma’’;

(5) in item 71, relating to Chautauqua County, New York,

by inserting ‘‘and other improvements’’ after ‘‘expressway

lanes’’;

(6) in item 75, relating to Pennsylvania, by striking ‘‘Widen’’

and all that follows through ‘‘lanes’’ and inserting ‘‘Road

improvements on a 14-mile segment of United States Route

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(7) in item 93, relating to New Mexico, by striking ‘‘RatonClayton Rd., Clayton, New Mexico’’ and inserting ‘‘United States

Route 64/87 from Raton, New Mexico, through Clayton to the

border between Texas and New Mexico’’; and

(8) in item 111, relating to Parker County, Texas—

(A) by striking ‘‘Parker County’’ and inserting ‘‘Parker

and Tarrant Counties’’; and

(B) by striking ‘‘to four-’’ and inserting ‘‘in Tarrant

County to freeway standards and in Parker County to

a 4-’’.

SEC. 334. CORRECTIONS TO URBAN ACCESS AND MOBILITY

PROJECTS.

The table contained in section 1106(b)(2) of the Intermodal

Surface Transportation Efficiency Act of 1991 (105 Stat. 2043–

2047) is amended—

(1) in item 9, relating to New York, New York, by inserting

after ‘‘NY’’ the following: ‘‘, $4,440,398, and redevelopment of

the James A. Farley Post Office, Pennsylvania Station, and

associated service buildings into an intermodal transportation

facility and commercial center, $11,159,602’’;

(2) in item 13, relating to Joliet, Illinois, by striking ‘‘and

construction and interchange at Houbolt Road and I–80’’;

(3) in item 36, relating to Compton, California, by striking

‘‘For a grade’’ and all that follows through ‘‘Corridor’’ and

inserting ‘‘For grade separations and other improvements in

the city of Compton, California’’; and

(4) in item 52, relating to Chicago, Illinois, by striking

‘‘Right-of-way’’ and all that follows through ‘‘Connector)’’ and

inserting ‘‘Reconstruct the Michigan Avenue viaduct’’.

SEC. 335. CORRECTIONS TO INNOVATIVE PROJECTS.

The table contained in section 1107(b) of the Intermodal Surface

Transportation Efficiency Act of 1991 (105 Stat. 2048–2059) is

amended—

(1) in item 10, relating to Atlanta, Georgia, by striking

‘‘(IVHS)’’ and inserting ‘‘(ITS)’’;

(2) in item 19, relating to Water Street, Pennsylvania—

(A) by striking ‘‘Water Street,’’; and

(B) by inserting ‘‘, or other projects in the counties

of Bedford, Blair, Centre, Franklin, and Huntingdon as

selected by the State of Pennsylvania’’ after ‘‘Pennsylvania’’

the second place it appears;

(3) in item 20, relating to Holidaysburg, Pennsylvania—

(A) by striking ‘‘Holidaysburg,’’ the first place it

appears; and

(B) by inserting ‘‘, or other projects in the counties

of Bedford, Blair, Centre, Franklin, and Huntingdon as

selected by the State of Pennsylvania’’ after ‘‘Pennsylvania’’

the second place it appears;

(4) in item 24, relating to Pennsylvania, by inserting after

‘‘line’’ the following: ‘‘and for the purchase, rehabilitation, and

improvement of any similar existing facility within a 150-mile

radius of such project, as selected by the State of Pennsylvania’’;

(5) in item 29, relating to Blacksburg, Virginia—

(A) by inserting ‘‘methods of facilitating public and

private participation in’’ after ‘‘demonstrate’’; andVerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 
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(B) by striking ‘‘intelligent/vehicle highway systems’’

and inserting ‘‘intelligent transportation systems’’;

(6) in item 35, relating to Alabama, by striking ‘‘to bypass’’

and all that follows through ‘‘I–85’’ and inserting ‘‘beginning

on United States Route 80 west of Montgomery, Alabama,

and connecting to I–65 south of Montgomery and I–85 east

of Montgomery’’;

(7) in item 49, relating to Suffolk County, New York, by

inserting after ‘‘perimeters’’ the following: ‘‘and provide funds

to the towns of Brookhaven, Riverhead, Smithtown, East Hampton, Southold, Shelter Island, and Southampton for the purchase of vehicles to meet the transportation needs of the elderly

and persons with disabilities’’;

(8) in item 52, relating to Pennsylvania, by striking ‘‘2’’

and all that follows through ‘‘Pennsylvania’’ and inserting ‘‘or

rehabilitate (or both) highway and transportation infrastructure

projects within 30 miles of I–81 or I–80 in northeastern Pennsylvania’’;

(9) in item 61, relating to Mojave, California—

(A) by striking ‘‘Mojave’’ and inserting ‘‘Victorville’’;

and

(B) by inserting ‘‘Mojave’’ after ‘‘reconstruct’’;

(10) in item 68, relating to Portland/S. Portland, Maine—

(A) by striking ‘‘Portland/S. Portland,’’; and

(B) by inserting after ‘‘Bridge’’ the following: ‘‘and

improvements to the Carlton Bridge in Bath-Woolworth’’;

(11) in item 76, relating to Tennessee—

(A) by inserting ‘‘Improved access to’’ before ‘‘I–81’’;

(B) by striking ‘‘Interchange’’; and

(C) by inserting after ‘‘Tennessee’’ the second place

it appears the following: ‘‘via improvements at I–181/Eastern Star Road and I–81/Kendrick Creek Road’’;

(12) in item 100, relating to Arkansas, by striking ‘‘Thornton’’ and inserting ‘‘Little Rock’’;

(13) in item 113, relating to Durham County, North Carolina, by inserting after ‘‘Route 147’’ the following: ‘‘, including

the interchange at I–85’’;

(14) in item 114, relating to Corpus Christi to Angleton,

Texas, by striking ‘‘Construct new multi-lane freeway’’ and

inserting ‘‘Construct a 4-lane divided highway’’;

(15) in item 162, relating to New York, New York, by

inserting after ‘‘paint’’ the following: ‘‘, $40,000,000, and James

A. Farley Post Office, Pennsylvania Station, and associated

service buildings: redevelopment, $15,000,000’’;

(16) in item 193, relating to Corning, New York, by inserting ‘‘and other improvements’’ after ‘‘expressway lanes’’; and

(17) in item 196, relating to Orlando, Florida—

(A) by striking ‘‘Orlando,’’; and

(B) by striking ‘‘Land’’ and all that follows through

‘‘project’’ and inserting ‘‘One or more regionally significant,

intercity ground transportation projects’’.

SEC. 336. CORRECTIONS TO INTERMODAL PROJECTS.

The table contained in section 1108(b) of the Intermodal Surface

Transportation Efficiency Act of 1991 (105 Stat. 2060–2063) is

amended—VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 00058 Frm 00035 Fmt 6580 Sfmt 6581 \SLIPLAW\PUBL59.104 APPS21
109 STAT. 602 PUBLIC LAW 104–59—NOV. 28, 1995

(1) in item 9, relating to E. Haven/Wallingford, Connecticut—

(A) by striking ‘‘for $8.8 million’’;

(B) by striking ‘‘for $2.4 million’’; and

(C) by striking ‘‘for $0.7 million’’;

(2) in item 12, relating to Buffalo, New York, by inserting

after ‘‘Project’’ the following: ‘‘and the Crossroads Arena

Project’’;

(3) in item 31, relating to Los Angeles, California, by striking ‘‘To improve ground access from Sepulveda Blvd. to Los

Angeles, California’’ and inserting the following: ‘‘For the Los

Angeles International Airport central terminal ramp access

project, $3,500,000; for the widening of Aviation Boulevard

south of Imperial Highway, $3,500,000; for the widening of

Aviation Boulevard north of Imperial Highway, $1,000,000; and

for transportation systems management improvements in the

vicinity of the Sepulveda Boulevard/Los Angeles International

Airport tunnel, $950,000’’;

(4) in item 33, relating to Orange County, New York,

strike ‘‘Stuart Airport Interchange Project’’ and insert ‘‘Stewart

Airport interchange projects’’; and

(5) in item 38, relating to Provo, Utah, strike ‘‘South’’

and all that follows through ‘‘Airport’’ and insert ‘‘East-West

Connector from United States Route 89–189’’.

SEC. 337. NATIONAL RECREATIONAL TRAILS.

(a) STATE ELIGIBILITY.—Section 1302(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261(c)) is

amended—

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

‘‘part’’;

(2) in paragraph (2)—

(A) by striking subparagraph (B); and

(B) by redesignating subparagraphs (C) and (D) as

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

(3) by adding at the end the following:

‘‘(3) FEDERAL SHARE.—

‘‘(A) PRIOR TO FISCAL YEAR 2001.—Prior to October 1,

2000, the Federal share of the cost of a project under

this section shall be 50 percent.

‘‘(B) FISCAL YEAR 2001 AND THEREAFTER.—For fiscal

year 2001 and each fiscal year thereafter, a State shall

be eligible to receive moneys under this part for a fiscal

year only if the State agrees to expend from non-Federal

sources for carrying out projects under this part an amount

equal to 20 percent of the amount received by the State

under this part in that fiscal year.’’.

(b) ADMINISTRATIVE COSTS.—Section 1302(d)(1) of such Act (16

U.S.C. 1261(d)(1)) is amended—

(1) by striking ‘‘and’’ at the end of subparagraph (C);

(2) by redesignating subparagraph (D) as subparagraph

(E); and

(3) by inserting after subparagraph (C) the following:

‘‘(D) contracting for services with other land management agencies; and’’.

(c) ENVIRONMENTAL MITIGATION.—VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 00058 Frm 00036 Fm
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(1) IN GENERAL.—Section 1302(e) of such Act (16 U.S.C.

1261(e)) is amended—

(A) by redesignating paragraphs (5), (6), (7), and (8) as paragraphs (6), (7), (8), and (9), respectively; and

(B) by inserting after paragraph (4) the following:

‘‘(5) ENVIRONMENTAL MITIGATION.—

‘‘(A) REQUIREMENT.—To the extent practicable and

consistent with other requirements of this section, in

complying with paragraph (4), a State should give consideration to project proposals that provide for the redesign,

reconstruction, nonroutine maintenance, or relocation of

trails in order to mitigate and minimize the impact to

the natural environment.

‘‘(B) GUIDANCE.—A recreational trail advisory board

satisfying the requirements of subsection (c)(2)(A) shall

issue guidance to a State for the purposes of implementing

subparagraph (A).

(2) CONFORMING AMENDMENT.—Section 1302(e)(4) of such

Act (16 U.S.C. 1261(e)(4)) is amended by striking ‘‘paragraphs

(6) and (8)(B)’’ and inserting ‘‘paragraphs (7) and (9)(B)’’.

(d) RETURN OF MONEYS NOT EXPENDED.—Section 1302(e)(9)(B)

of such Act, as redesignated by subsection (c)(1)(A), is amended—

(1) by inserting ‘‘the State’’ before ‘‘may be exempted’’;

and

(2) by striking ‘‘and expended or committed’’ and all that

follows before the period.

(e) ADVISORY COMMITTEE.—

(1) IN GENERAL.—Section 1303(b) of such Act (16 U.S.C.

1262(b)) is amended—

(A) by striking ‘‘11 members’’ and inserting ‘‘12 members’’;

(B) by redesignating paragraphs (2), (3), and (4) as

paragraphs (3), (4), and (5), respectively; and

(C) by inserting after paragraph (1) the following:

‘‘(2) 1 member appointed by the Secretary representing

individuals with disabilities;’’.

(2) CONFORMING AMENDMENT.—Section 1303(c) of such Act

(16 U.S.C. 1262(c)) is amended by striking ‘‘subsection (b)(2)’’

and inserting ‘‘subsection (b)(3)’’.

(f) FUNDING.—Section 104 of title 23, United States Code, is

amended—

(1) by redesignating subsection (h) as subsection (j); and

(2) by inserting after subsection (g) the following:

‘‘(h) NATIONAL RECREATIONAL TRAILS FUNDING.—In addition

to funds made available from the National Recreational Trails

Trust Fund, the Secretary shall obligate, from administrative funds

(contract authority) deducted under subsection (a), to carry out

section 1302 of the Intermodal Surface Transportation Efficiency

Act of 1991 (16 U.S.C. 1261) $15,000,000 for each of fiscal years

1996 and 1997.’’.

SEC. 338. INTELLIGENT TRANSPORTATION SYSTEMS.

(a) IMPROVED COLLABORATION IN INTELLIGENT TRANSPORTATION

SYSTEMS RESEARCH AND DEVELOPMENT.—Section 6054 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C.

307 note; 105 Stat. 2191–2192) is amended by adding at the end

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109 STAT. 604 PUBLIC LAW 104–59—NOV. 28, 1995

‘‘(e) COLLABORATIVE RESEARCH AND DEVELOPMENT.—In carry- ing out this part, the Secretary may carry out collaborative research

and development in accordance with section 307(a)(2) of title 23,

United States Code.’’.

(b) TIME LIMIT FOR OBLIGATION OF FUNDS FOR INTELLIGENT

TRANSPORTATION SYSTEMS PROJECTS.—Section 6058 of such Act

(23 U.S.C. 307 note; 105 Stat. 2194–2195) is amended—

(1) in subsection (e) by striking ‘‘until expended’’ and insert- ing ‘‘for obligation in accordance with this section’’; and (2) by adding at the end the following: ‘‘(f) OBLIGATION OF FUNDS.— ‘‘(1) IN GENERAL.—Funds made available pursuant to sub- sections (a) and (b) on or after the date of the enactment

of this subsection and other funds made available on or after

that date to carry out specific intelligent transportation systems

projects shall be obligated not later than the last day of the

fiscal year following the fiscal year for which the funds are

made available. Funds made available pursuant to subsections

(a) and (b) before such date of enactment shall remain available

until expended.

‘‘(2) REALLOCATION OF FUNDS.—If funds described in paragraph (1) are not obligated by the date described in the paragraph, the Secretary may make the funds available to carry

out any other project with respect to which funds may be

made available under subsection (a) or (b).’’.

(c) CONFORMING AMENDMENTS.— (1) FINDINGS.—Section 6009(a)(6) of such Act (23 U.S.C.

307 note; 105 Stat. 2176) is amended by striking ‘‘intelligent

vehicle highway systems’’ and inserting ‘‘intelligent transportation systems’’.

(2) INTELLIGENT TRANSPORTATION SYSTEMS GENERALLY.—

Part B of title VI of such Act (23 U.S.C. 307 note) is amended—

(A) by striking the part heading and inserting the

following:

‘‘PART B—INTELLIGENT TRANSPORTATION

SYSTEMS’’;

(B) in section 6051 by striking ‘‘Intelligent VehicleHighway Systems’’ and inserting ‘‘Intelligent Transportation Systems’’;

(C) by striking ‘‘intelligent vehicle-highway systems’’

each place it appears and inserting ‘‘intelligent transportation systems’’;

(D) in section 6054(a)(2)(A) by striking ‘‘intelligent

vehicle-highway’’ and inserting ‘‘intelligent transportation

systems’’;

(E) in the subsection heading for section 6054(b) by

striking ‘‘INTELLIGENT VEHICLE-HIGHWAY SYSTEMS’’ and

inserting ‘‘INTELLIGENT TRANSPORTATION SYSTEMS’’;

(F) in the subsection heading for section 6056(a) by

striking ‘‘IVHS’’ and inserting ‘‘ITS’’;

(G) in the subsection heading for each of subsections

(a) and (b) of section 6058 by striking ‘‘IVHS’’ and inserting

‘‘ITS’’; and

(H) in the paragraph heading for section 6059(1) by

striking ‘‘IVHS’’ and inserting ‘‘ITS’’.VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 00058 Frm 0
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(3) DOT APPROPRIATIONS ACT.—Section 310(c)(3) of the

Department of Transportation and Related Agencies Appropriations Act, 1995 (23 U.S.C. 104 note; 108 Stat. 2489–2490)

is amended by striking ‘‘intelligent vehicle highway systems’’

and inserting ‘‘intelligent transportation systems’’.

(4) HAZMAT.—Section 109(a) of the Hazardous Materials

Transportation Authorization Act of 1994 (23 U.S.C. 307 note)

is amended—

(A) by striking ‘‘Intelligent Vehicle-Highway Systems’’

each place it appears and inserting ‘‘Intelligent Transportation Systems’’; and

(B) by striking ‘‘intelligent vehicle-highway system’’

and inserting ‘‘intelligent transportation system’’.

(5) UNIVERSITY RESEARCH INSTITUTE.—Section 5316(d) of

title 49, United States Code, is amended—

(A) in the subsection heading by striking ‘‘INTELLIGENT

VEHICLE-HIGHWAY’’ and inserting ‘‘INTELLIGENT TRANSPORTATION’’; and

(B) by striking ‘‘intelligent vehicle-highway’’ each place

it appears and inserting ‘‘intelligent transportation’’.

SEC. 339. ELIGIBILITY.

(a) PENNSYLVANIA TURNPIKE AND I–95.—

(1) RECONSTRUCTION AND WIDENING.—The project authorized by section 162 of the Surface Transportation Assistance

Act of 1982 (96 Stat. 2136) shall include reconstruction and

widening to 6 lanes of existing Interstate Route 95 and of

the Pennsylvania Turnpike from United States Route 1 to

the junction with the New Jersey Turnpike, including the structure over the Delaware River.

(2) FEDERAL SHARE.—Notwithstanding any other provision

of law, the Federal share payable on account of the project

referred to in paragraph (1), including the additional through

roadway and bridge travel lanes, shall be 90 percent of the

cost of the project. (3) TOLLS.—Notwithstanding section 301 of title 23, United

States Code, the project for construction of an interchange

between the Pennsylvania Turnpike and Interstate Route 95,

including the widening of the Pennsylvania Turnpike, shall

be treated as a reconstruction project described in section

129(a)(1)(B) of such title and tolls may be continued on all

traffic on the Pennsylvania Turnpike between United States

Route 1 and the New Jersey Turnpike.

(b) TYPE II NOISE BARRIERS.—

(1) GENERAL RULE.—No funds made available out of the

Highway Trust Fund may be used to construct Type II noise

barriers (as defined by section 772.5(i) of title 23, Code of

Federal Regulations) pursuant to subsections (h) and (i) of

section 109 of title 23, United States Code, if such barriers

were not part of a project approved by the Secretary before

the date of the enactment of this Act.

(2) EXCEPTIONS.—Paragraph (1) shall not apply to construction of Type II noise barriers along lands that were developed

or were under substantial construction before approval of the

acquisition of the rights-of-ways for, or construction of, the

existing highway.

(c) ROUTE SEGMENTS IN WYOMING.—

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109 STAT. 606 PUBLIC LAW 104–59—NOV. 28, 1995

(1) IN GENERAL.—The Secretary shall cooperate with the

State of Wyoming in monitoring the changes in growth along,

and traffic patterns of, the route segments in Wyoming

described in paragraph (2), for the purpose of future consideration of the addition of the route segments to the National

Highway System in accordance with section 103(b)(6) of title

23, United States Code.

(2) ROUTE SEGMENTS.—The route segments referred to in

paragraph (1) are—

(A) United States Route 191 from Rock Springs to

Hoback Junction;

(B) United States Route 16 from Worland to Interstate

Route 90; and

(C) Wyoming Route 59 from Douglas to Gillette.

(d) ORANGE STREET BRIDGE, MISSOULA, MONTANA.—Notwithstanding section 149 of title 23, United States Code, or any other

provision of law, a project to construct new capacity for the Orange

Street Bridge in Missoula, Montana, shall be eligible for funding

under the congestion mitigation and air quality improvement program established under such section. (e) NATIONAL RAILROAD PASSENGER CORPORATION LINE.—The

improvements to, or adjacent to, the main line of the National

Railroad Passenger Corporation between milepost 190.23 at Central

Falls, Rhode Island, and milepost 168.53 at Davisville, Rhode

Island, that are necessary to support the rail movement of freight

shall be eligible for funds apportioned under sections 103(e)(4),

104(b)(2), and 104(b)(3) of title 23, United States Code.

(f) POCONO NORTHEAST RAILWAY COMPANY LINE.—The improvements to the former Pocono Northeast Railway Company freight

rail line by the Luzerne County Redevelopment Authority that

are necessary to support the rail movement of freight shall be

eligible for funds apportioned under sections 104(b)(2) and 104(b)(3)

of title 23, United States Code.

(g) BRIGHTMAN STREET BRIDGE, FALL RIVER HARBOR,

MASSACHUSETTS.—Notwithstanding any other provision of law, the

Brightman Street Bridge in Fall River Harbor, Massachusetts, may

be reconstructed to result in a clear channel width of less than

300 feet.

(h) ATLANTIC INTRACOASTAL WATERWAY BRIDGE REPLACEMENT

AT GREAT BRIDGE, CHESAPEAKE, VIRGINIA.—The project for navigation at Great Bridge, Virginia, Highway 168, over the Atlantic

Intracoastal Waterway in Chesapeake, Virginia: Report of the Chief

of Engineers, dated July 1, 1994, at a total cost of $23,680,000,

with an estimated Federal cost of $20,341,000 and an estimated

non-Federal cost of $3,339,000. The city of Chesapeake shall assume

full ownership of the replacement bridge to be constructed under

the project, including all associated operation, maintenance, repair,

replacement, and rehabilitation costs.

(i) FEDERAL LANDS HIGHWAYS PROGRAM.—Notwithstanding section 101(a) of title 23, United States Code, and the requirements

of sections 202 and 204 of such title, the highway projects described

in section 149(a)(62) of the Surface Transportation and Uniform

Relocation Assistance Act of 1987 (101 Stat. 191), section 1 of

Public Law 100–211 (101 Stat. 1442), and Public Law 99–647

(100 Stat. 3625) and projects on State Highway 488 within the

Great Basin National Park, Nevada, and United States Route 93

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PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 607

under sections 202 and 204 of such title. Any funds allocated

for fiscal year 1996 and thereafter for such projects as a result

of enactment of this subsection shall not affect the apportionment

adjustments made under section 1015 of the Intermodal Surface

Transportation Efficiency Act of 1991.

(j) ALAMEDA TRANSPORTATION CORRIDOR, CALIFORNIA.—Funds

apportioned to the State of California under section 104(b)(1) of

title 23, United States Code, for the National Highway System

may be obligated for construction of, and operational improvements

for, grade separation projects for the Alameda Transportation Corridor along Alameda Street from the entrance to the ports of Los

Angeles and Long Beach to Interstate Route 10, Los Angeles,

California. The Federal share of the costs of such projects shall

be determined in accordance with section 120(b) of such title.

SEC. 340. MISCELLANEOUS CORRECTIONS TO SURFACE TRANSPORTATION AND UNIFORM RELOCATION ASSISTANCE ACT OF

1987.

(a) 34TH STREET CORRIDOR PROJECT IN MOORHEAD, MINNESOTA.—Section 149(a)(5)(A) of the Surface Transportation and

Uniform Relocation Assistance Act of 1987 (101 Stat. 181), relating

to Minnesota, is amended—

(1) by striking ‘‘and’’ at the end of clause (i); and

(2) by inserting ‘‘and (iii) a safety overpass,’’ after ‘‘interchange,’’.

(b) CALIFORNIA.—Section 149(a)(69) of such Act (101 Stat. 191),

relating to Burbank-Glendale-Pasadena Airport, California, is

amended—

(1) by striking ‘‘highway’’;

(2) by striking ‘‘and construction of terminal and parking

facilities at such airport’’; and

(3) by striking ‘‘by making’’ and all that follows through

the period at the end of the second sentence and inserting

the following: ‘‘by preparing a feasibility study and conducting

preliminary engineering, design, and construction of a link

between such airport and the commuter rail system that is

being developed by the Los Angeles County Metropolitan

Transportation Authority.’’.

(c) PENNSYLVANIA.—Section 149(a)(74) of such Act (101 Stat.

192) is amended—

(1) by striking ‘‘CHAMBERSBURG, PENNSYLVANIA’’ in the

paragraph heading and inserting ‘‘PENNSYLVANIA’’; and

(2) by inserting before the period at the end the following:

‘‘and other projects in the counties of Bedford, Blair, Centre,

Franklin, and Huntingdon, Pennsylvania’’.

(d) LOUISIANA.—

(1) RURAL ACCESS PROJECT.—Section 149(a)(87) of the Surface Transportation and Uniform Relocation Assistance Act of

1987 (101 Stat. 194) is amended—

(A) by striking ‘‘WEST CALCASIEU PARISH, LOUISIANA’’

and inserting ‘‘LOUISIANA’’; and

(B) by inserting before the period at the end the following: ‘‘and construction of roads and a bridge to provide

access to the Rose Bluff industrial area, Lake Charles,

Louisiana’’.VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 00058 Frm 00041 Fmt 6580 Sfmt 6581 \SLIPLAW\PUBL59.104 APPS2
109 STAT. 608 PUBLIC LAW 104–59—NOV. 28, 1995

(2) I–10 EXIT RAMP AND OTHER PROJECTS.—Section

149(a)(89) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 194) is amended—

(A) by inserting ‘‘AND LAKE CHARLES’’ after ‘‘LAFAYETTE’’

in the paragraph heading; and

(B) by inserting before the period at the end the following: ‘‘and, of amounts made available to carry out this

paragraph, may use up to $456,022 to carry out a comprehensive transportation and land use plan for Lafayette,

Louisiana, $1,000,000 to carry out a project to construct

an exit ramp from the eastbound side of Interstate Route

10 to Ryan Street in Lake Charles, Louisiana, and $269,661

to carry out projects described in paragraph (90)’’.

(3) CONTRABAND BRIDGE.—Section 149(a)(90) of such Act

(101 Stat. 194) is amended—

(A) by inserting ‘‘AND LAKE CHARLES’’ after ‘‘LAFAYETTE’’ in the paragraph heading; and (B) by inserting before the period at the end ‘‘and

a project to construct the Contraband Bridge portion of

the Nelson Access Road Project’’. (e) MARYLAND.—Section 149(a)(92) of such Act (101 Stat. 194)

is amended—

(1) by striking ‘‘UNITED STATES ROUTE 48’’ in the paragraph

heading and inserting ‘‘WASHINGTON AND FREDERICK COUNTIES’’;

and

(2) by inserting ‘‘and to construct an interchange between

Interstate Route 70 and Interstate Route 270 in Frederick

County, Maryland’’ after ‘‘Mountain Road’’.

(f) NORTH DAKOTA.—Of funds remaining available for obligation

under sections 149(a)(111)(C), 149(a)(111)(E), 149(a)(111)(J),

149(a)(111)(K), 149(a)(111)(L), 149(a)(111)(M), and 149(a)(112) of

the Surface Transportation and Uniform Relocation Assistance Act

of 1987, $217,440 shall be made available for the repair of County

Road 8 west of Lawton, Ramsey County, North Dakota. The remainder of such funds shall be made available to the North Dakota

department of transportation for flood prevention and repair activities on North Dakota county roads on a Federal-aid system that

are threatened by flooding (as determined by the North Dakota

department of transportation).

SEC. 341. ACCESSIBILITY OF OVER-THE-ROAD BUSES TO INDIVIDUALS

WITH DISABILITIES.

Section 306(a)(2)(B)(iii) of the Americans With Disabilities Act

of 1990 (42 U.S.C. 12186(a)(2)(B)(iii)) is amended—

(1) in subclause (I) by striking ‘‘7 years after the date

of the enactment of this Act’’ and inserting ‘‘3 years after

the date of issuance of final regulations under clause (ii)’’;

and

(2) in subclause (II) by striking ‘‘6 years after such date

of enactment’’ and inserting ‘‘2 years after the date of issuance

of such final regulations’’.

SEC. 342. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.

(a) MASS TRANSIT TESTING.—Section 5331(b) of title 49, United

States Code, is amended by striking the subsection designation

and all that follows through paragraph (1)(A) and inserting the

following:VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 00058 Frm 00042 Fmt 6580 Sfmt 6581 \SLIPLAW\PUBL59.104 
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 609

‘‘(b) TESTING PROGRAM FOR MASS TRANSPORTATION EMPLOY- EES.—(1)(A) In the interest of mass transportation safety, the Secretary shall prescribe regulations that establish a program requiring

mass transportation operations that receive financial assistance

under section 5307, 5309, or 5311 of this title or section 103(e)(4)

of title 23 to conduct preemployment, reasonable suspicion, random,

and post-accident testing of mass transportation employees responsible for safety-sensitive functions (as decided by the Secretary)

for the use of a controlled substance in violation of law or a United

States Government regulation, and to conduct reasonable suspicion,

random, and post-accident testing of such employees for the use

of alcohol in violation of law or a United States Government regulation. The regulations shall permit such operations to conduct

preemployment testing of such employees for the use of alcohol.’’.

(b) RAILROAD TESTING.—Section 20140(b)(1)(A) of title 49,

United States Code, is amended to read as follows:

‘‘(A) a railroad carrier to conduct preemployment, reasonable suspicion, random, and post-accident testing of all railroad

employees responsible for safety-sensitive functions (as decided

by the Secretary) for the use of a controlled substance in

violation of law or a United States Government regulation,

and to conduct reasonable suspicion, random, and post-accident

testing of such employees for the use of alcohol in violation

of law or a United States Government regulation; the regulations shall permit such railroad carriers to conduct

preemployment testing of such employees for the use of alcohol;

and’’.

(c) MOTOR CARRIER TESTING.—Section 31306(b) of such title

is amended by striking the subsection designation and all that

follows through paragraph (1)(A) and inserting the following:

‘‘(b) TESTING PROGRAM FOR OPERATORS OF COMMERCIAL MOTOR

VEHICLES.—(1)(A) In the interest of commercial motor vehicle

safety, the Secretary of Transportation shall prescribe regulations

that establish a program requiring motor carriers to conduct

preemployment, reasonable suspicion, random, and post-accident

testing of operators of commercial motor vehicles for the use of

a controlled substance in violation of law or a United States Government regulation and to conduct reasonable suspicion, random, and

post-accident testing of such operators for the use of alcohol in

violation of law or a United States Government regulation. The

regulations shall permit such motor carriers to conduct

preemployment testing of such employees for the use of alcohol.’’.

(d) AVIATION TESTING.—

(1) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN

AIR CARRIERS.—Section 45102(a) of title 49, United States Code,

is amended by striking the subsection designation and all that

follows through paragraph (1) and inserting the following:

‘‘(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN

AIR CARRIERS.—(1) In the interest of aviation safety, the Administrator of the Federal Aviation Administration shall prescribe regulations that establish a program requiring air carriers and foreign

air carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of airmen, crew members, airport

security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions (as decided by the

Administrator) for the use of a controlled substance in violation

of law or a United States Government regulation; and to conduct

Regulations.

Regulations.

Regulations.VerDate 17-NOV-95 22:30 Dec 01, 1995 J
109 STAT. 610 PUBLIC LAW 104–59—NOV. 28, 1995

reasonable suspicion, random, and post-accident testing of airmen,

crew members, airport security screening contract personnel, and

other air carrier employees responsible for safety-sensitive functions

(as decided by the Administrator) for the use of alcohol in violation

of law or a United States Government regulation. The regulations

shall permit air carriers and foreign air carriers to conduct

preemployment testing of airmen, crew members, airport security

screening contract personnel, and other air carrier employees

responsible for safety-sensitive functions (as decided by the

Administrator) for the use of alcohol.’’.

(2) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION

ADMINISTRATION.—Section 45102(b) of title 49, United States

Code, is amended by striking the subsection designation and

all that follows through paragraph (1) and inserting the following:

‘‘(b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION

ADMINISTRATION.—(1) The Administrator shall establish a program of preemployment, reasonable suspicion, random, and post-accident

testing for the use of a controlled substance in violation of law

or a United States Government regulation for employees of the

Administration whose duties include responsibility for safety-sensitive functions and shall establish a program of reasonable suspicion, random, and post-accident testing for the use of alcohol

in violation of law or a United States Government regulation for

such employees. The Administrator may establish a program of

preemployment testing for the use of alcohol for such employees.’’.

SEC. 343. NATIONAL DRIVER REGISTER.

Section 30308(a) of title 49, United States Code, is amended

by striking ‘‘and $2,550,000 for fiscal year 1995’’ and inserting

‘‘and $2,550,000 for each of fiscal years 1995 and 1996’’.

SEC. 344. COMMERCIAL MOTOR VEHICLE SAFETY PILOT PROGRAM.

Section 31136(e) of title 49, United States Code, is amended—

(1) by inserting ‘‘(1) IN GENERAL.—’’ before ‘‘After’’;

(2) by indenting paragraph (1), as designated by paragraph (1) of this section, and moving that paragraph 2 ems to the

right; and (3) by adding at the end the following:

‘‘(2) COMMERCIAL MOTOR VEHICLE SAFETY PILOT PROGRAM.— ‘‘(A) IN GENERAL.—Not later than the 270th day follow- ing the date of the enactment of this paragraph, the Secretary shall implement a commercial motor vehicle regulatory relief and safety pilot program (hereinafter in this

paragraph referred to as the ‘program’) to grant and to

monitor exemptions from the provisions of this section and

sections 504 and 31502. The program shall provide that

the Secretary, within 120 days after receiving an application for participation in the program from an employer,

shall determine whether to exempt some or all of the

eligible vehicles operated by the applicant, and some or

all of the drivers of such vehicles employed by the applicant,

from some or all of the regulations prescribed under this

section and sections 504 and 31502—

‘‘(i) if the applicant has a satisfactory safety rating

issued by the Secretary or meets criteria established

by the Secretary pursuant to subparagraph (J) instead

of such rating; andVerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 00058 Frm 00044 Fmt 6580 Sf
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 611

‘‘(ii) if the applicant and the Secretary enter into

an agreement that provides that the applicant while

participating in the program—

‘‘(I) shall operate safely;

‘‘(II) shall provide the Secretary with accident

and nonconfidential insurance-related information

relevant to the safety performance of the applicant

and vehicles and drivers of the applicant subject

to the program;

‘‘(III) shall use in the program only drivers

with good safety records in the preceding 36

months and who maintain such good safety records

while in the program; and

‘‘(IV) shall implement such safety management

controls as the Secretary (in cooperation with the

applicant) determines are necessary to carry out

the objectives of this subsection.

‘‘(B) SAFETY MANAGEMENT CONTROLS.—Safety management controls implemented by participants in the program

shall be designed to achieve a level of operational safety

equal to or greater than that resulting from compliance

with the regulations prescribed under this section and sections 504 and 31502.

‘‘(C) PAPERWORK BURDEN TO BE MINIMIZED.—The Secretary shall ensure that participants in the program are

subject to a minimum of paperwork and regulatory burdens

necessary to ensure compliance with the requirements of

the program.

‘‘(D) ENCOURAGEMENT OF ADVANCED TECHNOLOGY.—

The Secretary shall encourage participants in the program

to use such advanced technologies as may be necessary

to ensure compliance with the requirements of the program.

‘‘(E) APPROVAL FACTORS.—In approving applicants for

participation in the program, the Secretary shall—

‘‘(i) ensure that the participants represent a broad

cross-section of fleet size and drivers of eligible

vehicles; and

‘‘(ii) ensure participation by qualified applicants,

except to the extent limited by resources of the Secretary that are necessary to permit effective monitoring

under subparagraph (G).

‘‘(F) MODIFICATIONS TO REFLECT CHANGES IN REGULATIONS.—If there is a material change in the regulations

prescribed under this section or section 504 or 31502, the

Secretary shall require each participant in the program

to modify the safety management controls applicable to

such participant, and the agreement provided for in

subparagraph (A)(ii), to the extent necessary to reflect the

material change.

‘‘(G) MONITORING.—The Secretary and participants in

the program shall monitor periodically the safety of vehicles

and drivers subject to the program.

‘‘(H) TERMINATION OF PARTICIPATION.—A participant

shall participate in the program until—

‘‘(i) the Secretary finds that—VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 00058 Frm 00045 Fmt 6580 Sfm
109 STAT. 612 PUBLIC LAW 104–59—NOV. 28, 1995

‘‘(I) the participant has exceeded the average

ratio of preventable accidents to vehicle miles traveled for a period of 12 months for eligible vehicles; ‘‘(II) the participant has failed to comply with

the requirements established by the Secretary for

participation in the program (including applicable

safety management controls); or

‘‘(III) continued participation in the program

is not in the public interest; or

‘‘(ii) the participant voluntarily withdraws from

the program.

‘‘(I) EMERGENCIES.—The Secretary may suspend or

modify participation in the program in case of emergency.

‘‘(J) GUIDELINES.—

‘‘(i) IN GENERAL.—Not later than the 270th day

following the date of the enactment of this paragraph,

the Secretary, after notice and opportunity for comment, shall establish criteria and define any terms

necessary for implementing the program consistent

with this section. In establishing the criteria, the Secretary may consider to what extent and under what

conditions safety management controls may substitute,

in whole or in part, for compliance with some or all

of the regulations prescribed under this section and

sections 504 and 31502.

‘‘(ii) LIMITATION.—Notwithstanding clause (i), the

program shall take effect on or before the 270th day

following the date of the enactment of this paragraph.

If the rulemaking described in clause (i) is not completed on or before such 270th day, the Secretary shall

issue interim criteria, consistent with this section,

pending the completion of the rulemaking described

in this subsection.

‘‘(K) ELIGIBLE VEHICLES.—For purposes of this subsection, the term ‘eligible vehicle’ means a commercial

motor vehicle with a gross vehicle weight rating of at

least 10,001 pounds, but not more than 26,000 pounds,

other than a vehicle—

‘‘(i) designed to transport more than 15 passengers,

including the driver; or

‘‘(ii) used in transporting material found by the

Secretary to be hazardous under section 5103 and

transported in a quantity requiring placarding under

the regulations issued under such section.

‘‘(3) REVIEW OF REGULATIONS.—Based in part on the

information and experience obtained from the program, the

Secretary shall conduct a zero-based review of the need for,

and the costs and benefits of, all regulations prescribed under

this section and sections 504 and 31502 to determine whether

and to what extent such regulations should apply to eligible

vehicles. The review shall focus on the appropriate level of

safety that is in the public interest and the paperwork and

regulatory burdens of such regulations as the regulations apply

to employers and employees that use such vehicles. The Secretary shall complete the review by the last day of the 3-

year period beginning on the date of the enactment of this

paragraph. Upon completion of the review, the Secretary shall,

Effective date.VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 00058 Frm 00046 Fmt 6580 Sfmt 6581 \SLIPLAW\PUBL59.104 APPS21
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 613

after notice and an opportunity for public comment, grant such

exemptions or modify or repeal existing regulations to the

extent appropriate.’’.

SEC. 345. EXEMPTIONS FROM REQUIREMENTS RELATING TO

COMMERCIAL MOTOR VEHICLES AND THEIR OPERATORS.

(a) EXEMPTIONS.—

(1) TRANSPORTATION OF AGRICULTURAL COMMODITIES AND

FARM SUPPLIES.—Regulations prescribed by the Secretary under

sections 31136 and 31502 of title 49, United States Code,

regarding maximum driving and on-duty time for drivers used

by motor carriers shall not apply to drivers transporting agricultural commodities or farm supplies for agricultural purposes

in a State if such transportation is limited to an area within

a 100 air mile radius from the source of the commodities

or the distribution point for the farm supplies and is during

the planting and harvesting seasons within such State, as

determined by the State.

(2) TRANSPORTATION AND OPERATION OF GROUND WATER

WELL DRILLING RIGS.—Such regulations shall, in the case of

a driver of a commercial motor vehicle who is used primarily

in the transportation and operation of a ground water well

drilling rig, permit any period of 7 or 8 consecutive days to

end with the beginning of an off-duty period of 24 or more

consecutive hours for the purposes of determining maximum

driving and on-duty time.

(3) TRANSPORTATION OF CONSTRUCTION MATERIALS AND

EQUIPMENT.—Such regulations shall, in the case of a driver

of a commercial motor vehicle who is used primarily in the

transportation of construction materials and equipment, permit

any period of 7 or 8 consecutive days to end with the beginning

of an off-duty period of 24 or more consecutive hours for the

purposes of determining maximum driving and on-duty time.

(4) DRIVERS OF UTILITY SERVICE VEHICLES.—Such regulations shall, in the case of a driver of a utility service vehicle,

permit any period of 7 or 8 consecutive days to end with

the beginning of an off-duty period of 24 or more consecutive

hours for the purposes of determining maximum driving and

on-duty time.

(5) SNOW AND ICE REMOVAL.—A State may waive the

requirements of chapter 313 of title 49, United States Code,

with respect to a vehicle that is being operated within the

boundaries of an eligible unit of local government by an

employee of such unit for the purpose of removing snow or

ice from a roadway by plowing, sanding, or salting. Such waiver

authority shall only apply in a case where the employee is

needed to operate the vehicle because the employee of the

eligible unit of local government who ordinarily operates the

vehicle and who has a commercial drivers license is unable

to operate the vehicle or is in need of additional assistance

due to a snow emergency.

(b) PREEMPTION.—Nothing contained in this section shall

require the preemption of State laws and regulations concerning

the safe operation of commercial motor vehicles as the result of

exemptions from Federal requirements provided under this section.

(c) REVIEW BY THE SECRETARY.—The Secretary may conduct

a rulemaking proceeding to determine whether granting any exemp49 USC 31136

note.VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 02913
109 STAT. 614 PUBLIC LAW 104–59—NOV. 28, 1995

tion provided by subsection (a) (other than paragraph (2)) is not

in the public interest and would have a significant adverse impact

on the safety of commercial motor vehicles. If, at any time as

a result of such a proceeding, the Secretary determines that granting such exemption would not be in the public interest and would

have a significant adverse impact on the safety of commercial

motor vehicles, the Secretary may prevent the exemption from

going into effect, modify the exemption, or revoke the exemption.

The Secretary may develop a program to monitor the exemption,

including agreements with carriers to permit the Secretary to examine insurance information maintained by an insurer on a carrier.

(d) REPORT.—The Secretary shall monitor the commercial motor

vehicle safety performance of drivers of vehicles that are subject

to an exemption under this section. If the Secretary determines

that public safety has been adversely affected by an exemption

granted under this section, the Secretary shall report to Congress

on the determination.

(e) DEFINITIONS.—In this section, the following definitions

apply:

(1) 7 OR 8 CONSECUTIVE DAYS.—The term ‘‘7 or 8 consecutive

days’’ means the period of 7 or 8 consecutive days beginning

on any day at the time designated by the motor carrier for

a 24-hour period.

(2) 24-HOUR PERIOD.—The term ‘‘24-hour period’’ means

any 24 consecutive hour period beginning at the time designated by the motor carrier for the terminal from which the

driver is normally dispatched.

(3) GROUND WATER WELL DRILLING RIG.—The term ‘‘ground

water well drilling rig’’ means any vehicle, machine, tractor,

trailer, semi-trailer, or specialized mobile equipment propelled

or drawn by mechanical power and used on highways to transport water well field operating equipment, including water well

drilling and pump service rigs equipped to access ground water.

(4) TRANSPORTATION OF CONSTRUCTION MATERIALS AND

EQUIPMENT.—The term ‘‘transportation of construction materials and equipment’’ means the transportation of construction

and pavement materials, construction equipment, and construction maintenance vehicles, by a driver to or from an active

construction site (a construction site between initial mobilization of equipment and materials to the site to the final completion of the construction project) within a 50 air mile radius

of the normal work reporting location of the driver. This paragraph does not apply to the transportation of material found

by the Secretary to be hazardous under section 5103 of title

49, United States Code, in a quantity requiring placarding

under regulations issued to carry out such section.

(5) ELIGIBLE UNIT OF LOCAL GOVERNMENT.—The term

‘‘eligible unit of local government’’ means a city, town, borough,

county, parish, district, or other public body created by or

pursuant to State law which has a total population of 3,000

individuals or less.

(6) UTILITY SERVICE VEHICLE.—The term ‘‘utility service

vehicle’’ means any commercial motor vehicle—

(A) used in the furtherance of repairing, maintaining,

or operating any structures or any other physical facilities

necessary for the delivery of public utility services, including the furnishing of electric, gas, water, sanitary sewer,VerDate 17-NOV-95 22:30 Dec 01, 1
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 615

telephone, and television cable or community antenna service;

(B) while engaged in any activity necessarily related

to the ultimate delivery of such public utility services to

consumers, including travel or movement to, from, upon,

or between activity sites (including occasional travel or

movement outside the service area necessitated by any

utility emergency as determined by the utility provider);

and

(C) except for any occasional emergency use, operated

primarily within the service area of a utility’s subscribers

or consumers, without regard to whether the vehicle is

owned, leased, or rented by the utility.

(f) EFFECTIVE DATE.—Subsection (a) of this section shall take

effect on the 180th day following the date of the enactment of

this Act; except that paragraphs (1) and (2) of subsection (a) shall

take effect on such date of enactment.

SEC. 346. WINTER HOME HEATING OIL DELIVERY STATE FLEXIBILITY

PROGRAM.

(a) IN GENERAL.—After notice and opportunity for comment,

the Secretary shall develop and implement a pilot program for

the purpose of evaluating waivers of the regulations issued by

the Secretary pursuant to sections 31136 and 31502 of title 49,

United States Code, relating to maximum on-duty time, and sections

31102 and 31104(j) of such title, relating to the Motor Carrier

Safety Assistance Program, to permit any period of 7 or 8 consecutive days to end with the beginning of an off-duty period of 24

or more consecutive hours for the purposes of determining maximum

on-duty time for drivers of motor vehicles making intrastate home

heating oil deliveries that occur within 100 air miles of a central

terminal or distribution point of the delivery of such oil. The Secretary may approve up to 5 States to participate in the pilot

program during the winter heating season in the 6-month period

beginning on November 1, 1996.

(b) APPROVAL CRITERIA.—The Secretary shall select States to

participate in the pilot program upon approval of applications

submitted by States to the Secretary. The Secretary shall act on

a State’s application within 30 days after the date of its submission.

The Secretary may only approve an application of a State under

this section if the Secretary finds, at a minimum, that—

(1) a substantial number of the citizens of the State rely

on home heating oil for heat during winter months;

(2) current maximum on-duty time regulations may endanger the welfare of these citizens by impeding timely deliveries

of home heating oil;

(3) the State will ensure an equal to or greater level of

safety with respect to home heating oil deliveries than the

level of safety resulting from compliance with the regulations

referred to in subsection (a);

(4) the State will monitor the safety of home heating oil

deliveries while participating in the program;

(5) employers of deliverers of home heating oil that will

be covered by the program will agree to make all safety data

developed from the pilot program available to the State and

to the Secretary;

49 USC 31136

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109 STAT. 616 PUBLIC LAW 104–59—NOV. 28, 1995

(6) the State will only permit employers of deliverers of

home heating oil with satisfactory safety records to be covered

by the program; and

(7) the State will comply with such other criteria as the

Secretary determines are necessary to implement the program

consistent with this section.

(c) PARTICIPATION IN PROGRAM.—Upon approval of an application of a State under this section, the Secretary shall permit the

State to participate in the pilot program for an initial period of

15 days during the winter heating season of the State (as determined by the Governor and the Secretary). If, after the last day

of such 15-day period, the Secretary finds that a State’s continued

participation in the program is consistent with this section and

has resulted in no significant adverse impact on public safety and

is in the public interest, the Secretary shall extend the State’s

participation in the program for periods of up to 30 additional

days during such heating season.

(d) SUSPENSION FROM PROGRAM.—The Secretary may suspend

a State’s participation in the pilot program at any time if the

Secretary finds—

(1) that the State has not complied with any of the criteria

for participation in the program under this section;

(2) that a State’s participation in the program has caused

a significant adverse impact on public safety and is not in

the public interest; or

(3) the existence of an emergency.

(e) REVIEW BY SECRETARY.—Within 90 days after the completion

of the pilot program, the Secretary shall initiate a rulemaking

to determine, based in part on the results of the program, whether

to—

(1) permit a State to grant waivers of the regulations

referred to in subsection (a) to motor carriers transporting

home heating oil within the borders of the State, subject to

such conditions as the Secretary may impose, if the Secretary

determines that such waivers by the State meet the conditions

in section 31136(e) of title 49, United States Code; or

(2) amend the regulations referred to in subsection (a)

as may be necessary to provide flexibility to motor carriers

delivering home heating oil during winter periods of peak

demand.

(f) DEFINITION.—In this section, the term ‘‘7 or 8 consecutive

days’’ has the meaning such term has under section 345 of this

Act.

SEC. 347. SAFETY REPORT.

Not later than September 30, 1997, the Secretary, in cooperation with any State which raises any speed limit in such State

to a level above the level permitted under section 154 of title

23, United States Code, as such section was in effect on September

15, 1995, shall prepare and submit to Congress a study of—

(1) the costs to such State of deaths and injuries resulting

from motor vehicle crashes; and

(2) the benefits associated with the repeal of the national

maximum speed limit.

23 USC 154 note.

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PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 617

SEC. 348. MORATORIUM ON CERTAIN EMISSIONS TESTING REQUIREMENTS.

(a) IN GENERAL.—The Administrator of the Environmental

Protection Agency (hereinafter in this section referred to as the

‘‘Administrator’’) shall not require adoption or implementation by

a State of a test-only I/M240 enhanced vehicle inspection and

maintenance program as a means of compliance with section 182

or 187 of the Clean Air Act (42 U.S.C. 7511a; 7512a), but the

Administrator may approve such a program if a State chooses

to adopt the program as a means of compliance with such section.

(b) LIMITATION ON PLAN DISAPPROVAL.—The Administrator

shall not disapprove or apply an automatic discount to a State

implementation plan revision under section 182 or 187 of the Clean

Air Act (42 U.S.C. 7511a; 7512a) on the basis of a policy, regulation,

or guidance providing for a discount of emissions credits because

the inspection and maintenance program in such plan revision

is decentralized or a test-and-repair program.

(c) EMISSIONS REDUCTION CREDITS.—

(1) STATE PLAN REVISION; APPROVAL.—Within 120 days of

the date of the enactment of this subsection, a State may

submit an implementation plan revision proposing an interim

inspection and maintenance program under section 182 or 187

of the Clean Air Act (42 U.S.C. 7511a; 7512a). The Administrator shall approve the program based on the full amount

of credits proposed by the State for each element of the program

if the proposed credits reflect good faith estimates by the State

and the revision is otherwise in compliance with such Act.

If, within such 120-day period, the State submits to the

Administrator proposed revisions to the implementation plan,

has all of the statutory authority necessary to implement the

revisions, and has proposed a regulation to make the revisions,

the Administrator may approve the revisions without regard

to whether or not such regulation has been issued as a final

regulation by the State.

(2) EXPIRATION OF INTERIM APPROVAL.—The interim

approval shall expire on the earlier of (A) the last day of

the 18-month period beginning on the date of the interim

approval, or (B) the date of final approval. The interim approval

may not be extended.

(3) FINAL APPROVAL.—The Administrator shall grant final

approval of the revision based on the credits proposed by the

State during or after the period of interim approval if data

collected on the operation of the State program demonstrates

that the credits are appropriate and the revision is otherwise

in compliance with the Clean Air Act.

(4) BASIS OF APPROVAL; NO AUTOMATIC DISCOUNT.—Any

determination with respect to interim or full approval shall

be based on the elements of the program and shall not apply

any automatic discount because the program is decentralized

or a test-and-repair program.

SEC. 349. ROADS ON FEDERAL LANDS.

(a) MORATORIUM.—

(1) IN GENERAL.—Notwithstanding any other provision of

law, no agency of the Federal Government may take any action

to prepare, promulgate, or implement any rule or regulation

addressing rights-of-way authorized pursuant to section 2477

42 USC 7511a

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109 STAT. 618 PUBLIC LAW 104–59—NOV. 28, 1995

of the Revised Statutes (43 U.S.C. 932), as such section was

in effect before October 21, 1976.

(2) SUNSET.—This subsection shall not be effective after

September 30, 1996.

(b) REQUIREMENT OF TRANSFER OF COUNTY ROAD CORRIDORS.—

(1) DEFINITIONS.—In this subsection, the following definitions apply:

(A) COUNTY ROAD CORRIDOR.—The term ‘‘county road

corridor’’ means a corridor that is comprised of—

(i) a Shenandoah county road; and

(ii) land contiguous to the road that is selected

by the Secretary of the Interior, in consultation with

the Governor of the State of Virginia, such that the

width of the corridor is 50 feet.

(B) SHENANDOAH COUNTY ROAD.—The term ‘‘Shenandoah county road’’ means the portion of any of the following roads that is located in the Shenandoah National Park

and that has been in general use as a public roadway

prior to the date of the enactment of this Act:

(i) Madison County Route 600.

(ii) Rockingham County Route 624.

(iii) Rockingham County Route 625.

(iv) Rockingham County Route 626.

(v) Warren County Route 604.

(vi) Page County Route 759.

(vii) Page County Route 611.

(viii) Page County Route 682.

(ix) Page County Route 662.

(x) Augusta County Route 611.

(xi) Augusta County Route 619.

(xii) Albemarle County Route 614.

(xiii) Augusta County Route 661.

(xiv) Rockingham County Route 663.

(xv) Rockingham County Route 659.

(xvi) Page County Route 669.

(xvii) Rockingham County Route 661.

(xviii) Criser Road (to the town of Front Royal).

(xix) The Government-owned parcel connecting

Criser Road to the Warren County School Board parcel.

(2) PURPOSE.—The purpose of this subsection is to permit

the State of Virginia to maintain and provide for safe public

use of certain roads that the State donated to the United

States at the time of the establishment of Shenandoah National

Park.

(3) TRANSFER.—Not later than 180 days after the date

of the enactment of this Act, the Secretary of the Interior

shall transfer to the State of Virginia, without consideration

or reimbursement, all right, title, and interest of the United

States in and to each county road corridor.

(4) REVERSION.—A transfer under paragraph (3) shall be

subject to the condition that if at any time a county road

corridor is withdrawn from general use as a public roadway,

all right, title, and interest in the county road corridor shall

revert to the United States.

SEC. 350. STATE INFRASTRUCTURE BANK PILOT PROGRAM.

(a) IN GENERAL.—

23 USC 101 note.

Virginia.

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PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 619

(1) COOPERATIVE AGREEMENTS.—Subject to the provisions of this section, the Secretary may enter into cooperative agreements with not to exceed 10 States for the establishment of

State infrastructure banks and multistate infrastructure banks

for making loans and providing other assistance to public and

private entities carrying out or proposing to carry out projects

eligible for assistance under this section. (2) INTERSTATE COMPACTS.—Congress grants consent to 2 or more of the States, entering into a cooperative agreement

under paragraph (1) with the Secretary for the establishment

of a multistate infrastructure bank, to enter into an interstate

compact establishing such bank in accordance with this section.

(b) FUNDING.— (1) SEPARATE ACCOUNTS.—An infrastructure bank established under this section shall maintain a separate highway

account for Federal funds contributed to the bank under paragraph (2) and a separate transit account for Federal funds

contributed to the bank under paragraph (3). No Federal funds

contributed or credited to an account of an infrastructure bank

established under this section may be commingled with Federal

funds contributed or credited to any other account of such

bank.

(2) HIGHWAY ACCOUNT.—Notwithstanding any other provision of law, the Secretary may allow, subject to subsection

(g)(1), a State entering into a cooperative agreement under

this section to contribute not to exceed—

(A) 10 percent of the funds apportioned to the State

for each of fiscal years 1996 and 1997 under each of sections

104(b)(1), 104(b)(3), 104(b)(5)(B), 144, and 160 of title 23,

United States Code, and section 1015 of the Intermodal

Surface Transportation Efficiency Act of 1991; and

(B) 10 percent of the funds allocated to the State

for each of such fiscal years under each of section 157

of such title and section 1013(c) of such Act;

into the highway account of the infrastructure bank established

by the State. Federal funds contributed to such account under

this paragraph shall constitute for purposes of this section

a capitalization grant for the highway account of the infrastructure bank.

(3) TRANSIT ACCOUNT.—Notwithstanding any other provision of law, the Secretary may allow, subject to subsection

(g)(1), a State entering into a cooperative agreement under

this section, and any other Federal transit grant recipient,

to contribute not to exceed 10 percent of the funds made available to the State or other Federal transit grant recipient in

each of fiscal years 1996 and 1997 for capital projects under

sections 5307, 5309, and 5311 of title 49, United States Code,

into the transit account of the infrastructure bank established

by the State. Federal funds contributed to such account under

this paragraph shall constitute for purposes of this section

a capitalization grant for the transit account of the infrastructure bank.

(4) SPECIAL RULE FOR URBANIZED AREAS OF OVER 200,000.—

Funds that are apportioned or allocated to a State under section

104(b)(3) or 160 of title 23, United States Code, or under

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109 STAT. 620 PUBLIC LAW 104–59—NOV. 28, 1995

of a State with an urbanized population of over 200,000 under

section 133(d)(3) of such title may be used to provide assistance

with respect to a project only if the metropolitan planning

organization designated for such area concurs, in writing, with

the provision of such assistance.

(c) FORMS OF ASSISTANCE FROM INFRASTRUCTURE BANKS.—An

infrastructure bank established under this section may make loans

or provide other assistance to a public or private entity in an

amount equal to all or part of the cost of carrying out a project

eligible for assistance under this section. The amount of any loan

or other assistance provided for such project may be subordinated

to any other debt financing for the project. Initial assistance provided with respect to a project from Federal funds contributed

to an infrastructure bank under this section may not be made

in the form of a grant.

(d) QUALIFYING PROJECTS.—Federal funds in the highway

account of an infrastructure bank established under this section

may be used only to provide assistance with respect to construction

of Federal-aid highways. Federal funds in the transit account of

such bank may be used only to provide assistance with respect

to capital projects. (e) INFRASTRUCTURE BANK REQUIREMENTS.—In order to establish an infrastructure bank under this section, each State establishing the bank shall—

(1) contribute, at a minimum, in each account of the bank

from non-Federal sources an amount equal to 25 percent of

the amount of each capitalization grant made to the State

and contributed to the bank; except that if the contribution

is into the highway account of the bank and the State has

a lower non-Federal share under section 120(b) of title 23,

United States Code, such percentage shall be adjusted by the

Secretary to correspond with such lower non-Federal share;

(2) ensure that the bank maintains on a continuing basis

an investment grade rating on its debt issuances or has a

sufficient level of bond or debt financing instrument insurance

to maintain the viability of the bank;

(3) ensure that investment income generated by funds

contributed to an account of the bank will be—

(A) credited to the account;

(B) available for use in providing loans and other

assistance to projects eligible for assistance from the

account; and

(C) invested in United States Treasury securities, bank

deposits, or such other financing instruments as the Secretary may approve to earn interest to enhance the

leveraging of projects assisted by the bank;

(4) provide that the repayment of a loan or other assistance

from an account of the bank under this section shall be consistent with the repayment provisions of section 129(a)(7) of title

23, United States Code, except to the extent the Secretary

determines that such provisions are not consistent with this

section;

(5) ensure that any loan from the bank will bear interest

at or below market interest rates, as determined by the State,

to make the project that is the subject of the loan feasible;

(6) ensure that repayment of any loan from the bank will

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PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 621

completed or, in the case of a highway project, the facility

has opened to traffic, whichever is later; (7) ensure that the term for repaying any loan will not exceed 30 years after the date of the first payment on the

loan under paragraph (6); and (8) require the bank to make an annual report to the

Secretary on its status no later than September 30, 1996,

and September 30, 1997, and to make such other reports as

the Secretary may require by guidelines.

(f) LIMITATION ON REPAYMENTS.—Notwithstanding any other provision of law, the repayment of a loan or other assistance provided from an infrastructure bank under this section may not

be credited towards the non-Federal share of the cost of any project. (g) SECRETARIAL REQUIREMENTS.—In administering this sec- tion, the Secretary shall— (1) ensure that Federal disbursements shall be at a rate

consistent with historic rates for the Federal-aid highway program and the Federal transit program, respectively; (2) issue guidelines to ensure that all requirements of title 23, United States Code, or title 49, United States Code, that

would otherwise apply to funds made available under such

title and projects assisted with such funds apply to—

(A) funds made available under such title and contributed to an infrastructure bank established under this section; and

(B) projects assisted by the bank through the use of

such funds;

except to the extent that the Secretary determines that any

requirement of such title is not consistent with the objectives

of this section; and

(3) specify procedures and guidelines for establishing,

operating, and providing assistance from the bank.

(h) UNITED STATES NOT OBLIGATED.—The contribution of Federal funds into an infrastructure bank established under this section

shall not be construed as a commitment, guarantee, or obligation

on the part of the United States to any third party, nor shall

any third party have any right against the United States for payment solely by virtue of the contribution. Any security or debt

financing instrument issued by the infrastructure bank shall

expressly state that the security or instrument does not constitute

a commitment, guarantee, or obligation of the United States. (i) MANAGEMENT OF FEDERAL FUNDS.—Sections 3335 and 6503

of title 31, United States Code, shall not apply to funds contributed

under this section.

(j) PROGRAM ADMINISTRATION.—For each of fiscal years 1996

and 1997, a State may expend not to exceed 2 percent of the

Federal funds contributed to an infrastructure bank established

by the State under this section to pay the reasonable costs of

administering the bank. (k) SECRETARIAL REVIEW.—The Secretary shall review the

financial condition of each infrastructure bank established under

this section and transmit to Congress a report on the results of

such review not later than March 1, 1997. In addition, the report

shall contain—

(1) an evaluation of the pilot program conducted under

this section and the ability of such program to increase public

investment and attract non-Federal capital; and

Reports.

Guidelines.

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109 STAT. 622 PUBLIC LAW 104–59—NOV. 28, 1995

(2) recommendations of the Secretary as to whether the

program should be expanded or made a part of the Federalaid highway and transit programs.

(l) DEFINITIONS.—In this section, the following definitions apply:

(1) CAPITAL PROJECT.—The term ‘‘capital project’’ has the

meaning such term has under section 5302 of title 49, United

States Code.

(2) CONSTRUCTION; FEDERAL-AID HIGHWAY.—The terms

‘‘construction’’ and ‘‘Federal-aid highway’’ have the meanings

such terms have under section 101 of title 23, United States

Code.

(3) OTHER ASSISTANCE.—The term ‘‘other assistance’’

includes any use of funds in an infrastructure bank—

(A) to provide credit enhancements;

(B) to serve as a capital reserve for bond or debt

instrument financing;

(C) to subsidize interest rates;

(D) to ensure the issuance of letters of credit and

credit instruments;

(E) to finance purchase and lease agreements with

respect to transit projects;

(F) to provide bond or debt financing instrument security; and

(G) to provide other forms of debt financing and methods of leveraging funds that are approved by the Secretary

and that relate to the project with respect to which such

assistance is being provided.

(4) STATE.—The term ‘‘State’’ has the meaning such term

has under section 101 of title 23, United States Code.

SEC. 351. RAILROAD-HIGHWAY GRADE CROSSING SAFETY.

(a) INTELLIGENT TRANSPORTATION SYSTEMS.—In implementing

the Intelligent Transportation Systems Act of 1991 (23 U.S.C. 307

note; 105 Stat. 2189–2195), the Secretary shall ensure that the

national intelligent transportation systems program addresses, in

a comprehensive and coordinated manner, the use of intelligent

transportation technologies to promote safety at railroad-highway

grade crossings. The Secretary shall ensure that 2 or more operational tests funded under such Act are designed to promote highway traffic safety and railroad safety.

(b) SAFETY ENFORCEMENT.—

(1) COOPERATION BETWEEN FEDERAL AND STATE AGENCIES.—

The National Highway Traffic Safety Administration and the

Office of Motor Carriers within the Federal Highway Administration shall cooperate and work, on a continuing basis, with

the National Association of Governors’ Highway Safety Representatives, the Commercial Vehicle Safety Alliance, and Operation Lifesaver, Inc., to improve compliance with and enforcement of laws and regulations pertaining to railroad-highway

grade crossings.

(2) REPORT.—Not later than June 1, 1998, the Secretary

shall submit to Congress a report indicating—

(A) how the Department of Transportation worked with

the entities referred to in paragraph (1) to improve the

awareness of the highway and commercial vehicle safety

and law enforcement communities of regulations and safety

challenges at railroad-highway grade crossings; and

23 USC 130 note.

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PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 623

(B) how resources are being allocated to better address

these challenges and enforce such regulations.

(c) FEDERAL-STATE PARTNERSHIP.—

(1) STATEMENT OF POLICY.—

(A) HAZARDS TO SAFETY.—Certain railroad-highway

grade crossings present inherent hazards to the safety of

railroad operations and to the safety of persons using those

crossings. It is in the public interest—

(i) to promote grade crossing safety and reduce

risk at high risk railroad-highway grade crossings; and

(ii) to reduce the number of grade crossings while

maintaining the reasonable mobility of the American

people and their property, including emergency access.

(B) EFFECTIVE PROGRAMS.—Effective programs to

reduce the number of unneeded and unsafe railroad-highway grade crossings require the partnership of Federal,

State, and local officials and agencies, and affected railroads.

(C) HIGHWAY PLANNING.—Promotion of a balanced

national transportation system requires that highway planning specifically take into consideration grade crossing

safety.

(2) PARTNERSHIP AND OVERSIGHT.—The Secretary shall

encourage each State to make progress toward achievement

of the purposes of this subsection.

SEC. 352. COLLECTION OF BRIDGE TOLLS.

Notwithstanding any other provision of law, tolls collected for

motor vehicles on any bridge connecting the boroughs of Brooklyn,

New York, and Staten Island, New York, shall continue to be

collected for only those vehicles exiting from such bridge in Staten

Island.

SEC. 353. TRAFFIC CONTROL.

(a) SIGNS.—Traffic control signs referred to in the experimental

project conducted in the State of Oregon in December 1991 shall

be deemed to comply with the requirements of section 2B–4 of

the Manual on Uniform Traffic Control Devices of the Department

of Transportation.

(b) STRIPES.—Notwithstanding any other provision of law, a

red, white, and blue center line in the Main Street of Bristol,

Rhode Island, shall be deemed to comply with the requirements

of section 3B–1 of the Manual on Uniform Traffic Control Devices

of the Department of Transportation.

SEC. 354. PUBLIC USE OF REST AREAS.

Notwithstanding section 111 of title 23, United States Code,

or any project agreement under such section, the Secretary shall

permit the conversion of any safety rest area adjacent to Interstate

Route 95 within the State of Rhode Island that was closed as

of May 1, 1995, to use as a motor vehicle emissions testing facility.

At the option of the State, vehicles shall be permitted to enter

and exit any such testing facility directly from Interstate Route

95.

Rhode Island.

Rhode Island.

Oregon.

New York.

23 USC 130 note.VerDate 17-NOV-95 22:30 Dec 01, 19
109 STAT. 624 PUBLIC LAW 104–59—NOV. 28, 1995

SEC. 355. SAFETY BELT USE LAW REQUIREMENTS FOR NEW HAMPSHIRE AND MAINE.

(a) IN GENERAL.—For purposes of this section and section 153

of title 23, United States Code, the States of New Hampshire

and Maine shall each be treated as having in effect a State law

described in subsection (a)(2) of such section and as having achieved

a rate of compliance with the State law required by subsections

(f)(2) and (f)(3) of such section upon certification by the Secretary

that the State has achieved—

(1) a safety belt use rate in each of fiscal years 1995

and 1996, of not less than 50 percent; and

(2) a safety belt use rate in each fiscal year thereafter

of not less than the national average safety belt use rate,

as determined by the Secretary.

(b) RETROACTIVE APPLICABILITY.—

(1) EFFECTIVE DATE.—Subsection (a) shall take effect

September 30, 1995.

(2) TREATMENT OF CONTINUANCE OF SAFETY BELT USE

LAW.—If the State of New Hampshire or Maine continues in

effect a law described in subsection (a)(2) of section 153 of

title 23, United States Code, within 60 days after the date

of the enactment of this section, the State shall be treated,

for purposes of this section and such section, as having in

effect a State law described in such subsection on September

30, 1995.

(c) RESERVATION OF APPORTIONMENT PENDING CERTIFICATION.—If, at any time in a fiscal year beginning after September

30, 1994, the State of New Hampshire or Maine does not have

in effect a law described in subsection (a)(2) of section 153 of

title 23, United States Code, the Secretary shall reserve 3 percent

of the funds to be apportioned to the State for the succeeding

fiscal year, under each of subsections (b)(1), (b)(2), and (b)(3) of

section 104 of such title, if the Secretary has not certified, in

accordance with subsection (a) of this section, that the State has

achieved the applicable safety belt use rate.

(d) EFFECT ON NONCERTIFICATION.—If, at the end of the fiscal

year in which the funds are reserved under subsection (c), the

Secretary has not certified, in accordance with subsection (a), that

the State of New Hampshire or Maine achieved the applicable

safety belt use rate, the Secretary shall transfer the funds reserved

from the State under subsection (c) to the apportionment of the

State under section 402 of title 23, United States Code.

SEC. 356. ORANGE COUNTY, CALIFORNIA, TOLL ROADS.

(a) MODIFICATION OF AGREEMENT.—The Secretary shall enter

into an agreement modifying the agreement entered into pursuant

to section 339 of the Department of Transportation and Related

Agencies Appropriations Act, 1993 (106 Stat. 1552) to conform

such agreement to the provisions of section 336 of the Department

of Transportation and Related Agencies Appropriations Act, 1995

(108 Stat. 2495).

(b) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this

section shall be construed to change the amount of the appropriation

made by section 339 of the Department of Transportation and

Related Agencies Appropriations Act, 1993 (106 Stat. 1552), and

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PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 625

(c) HIGHER INTEREST RATE.—In implementing sections 336 and 339 referred to in subsection (a), the Secretary may enter into

an agreement requiring an interest rate that is higher than the

rate specified in such sections.

SEC. 357. COMPILATION OF TITLE 23, UNITED STATES CODE.

(a) LEGISLATIVE PROPOSAL.—The Secretary shall, by March 31, 1997, prepare and submit to Congress a draft legislative proposal

of necessary technical and conforming amendments to title 23,

United States Code, and related laws.

(b) CONFORMING REPEAL.—Section 1066 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2006) is

repealed.

SEC. 358. SAFETY RESEARCH INITIATIVES.

(a) OLDER DRIVERS AND OTHER SPECIAL DRIVER GROUPS.— (1) STUDY.—The Secretary shall conduct a study of tech- nologies and practices to improve the driving performance of

older drivers and other special driver groups. (2) DEMONSTRATION ACTIVITIES.—In conducting the study under paragraph (1), the Secretary shall undertake demonstration activities that incorporate and build upon gerontology

research related to the study of the normal aging process.

The Secretary shall initially implement such activities in those

States that have the highest population of aging citizens for

whom driving a motor vehicle is their primary mobility mode. (3) COOPERATIVE AGREEMENT.—The Secretary shall conduct the study under paragraph (1) by entering into a cooperative

agreement with an institution that has demonstrated competencies in gerontological research, population demographics,

human factors related to transportation, and advanced technology applied to transportation.

(b) WORK ZONE SAFETY.—In carrying out the work zone safety program under section 1051 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 401 note; 105 Stat. 2001),

the Secretary shall utilize a variety of methods to increase safety

at highway construction sites, including each of the following: (1) Conducting conferences to explore new techniques and stimulate dialogue for improving work zone safety. (2) Establishing a national clearinghouse to assemble and disseminate, by electronic and other means, information relating to the improvement of work zone safety. (3) Conducting a national promotional campaign in coopera- tion with the States to provide timely, site-specific information

to motorists when construction workers are actually present. (4) Encouraging the use of enforceable speed limits in work

zones.

(5) Developing training programs for work site designers and construction workers to promote safe work zone practices.

(6) Encouraging the use of unit price bid items in contracts

for traffic control devices and implementation of traffic control

plans.

(c) RADIO AND MICROWAVE TECHNOLOGY FOR MOTOR VEHICLE

SAFETY WARNING SYSTEM.—

(1) STUDY.—The Secretary, in consultation with the Federal

Communications Commission and the National Telecommunications and Information Administration, shall conduct a study

to develop and evaluate radio and microwave technology for

23 USC 401 note.

23 USC 401 note.

23 USC 401 note.

23 USC note

prec. 101.

23 USC note

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109 STAT. 626 PUBLIC LAW 104–59—NOV. 28, 1995

a motor vehicle safety warning system in furtherance of safety

in all types of motor vehicles. (2) EQUIPMENT.—Equipment developed under the study

shall be directed toward, but not limited to, advance warning

to operators of all types of motor vehicles of—

(A) temporary obstructions in a highway;

(B) poor visibility and highway surface conditions

caused by adverse weather; and

(C) movement of emergency vehicles.

(3) SAFETY APPLICATIONS.—In conducting the study, the

Secretary shall determine whether the technology described

in this subsection has other appropriate safety applications.

(d) EFFECTIVENESS OF DRUNK DRIVING LAWS.—The Secretary

shall conduct a study to evaluate the effectiveness on reducing

drunk driving and appropriateness of laws enacted in the States

which allow a health care provider who treats an individual involved

in a vehicular accident to report the blood alcohol level, if known,

of such individual to the local law enforcement agency which has

jurisdiction over the accident site if the blood alcohol concentration

level exceeds the maximum level permitted under State law.

SEC. 359. MISCELLANEOUS STUDIES.

(a) PAN AMERICAN HIGHWAY.— (1) STUDY.—The Secretary shall conduct a study on the

adequacy of and the need for improvements to the Pan American Highway. (2) ELEMENTS.—The study shall include, at a minimum,

the following elements:

(A) Findings on the benefits of constructing a highway

at Darien Gap, Panama and Colombia.

(B) Recommendations for a self-financing arrangement

for completion and maintenance of the Pan American Highway.

(C) Recommendations for establishing a Pan American

highway authority to monitor financing, construction,

maintenance, and operations of the Pan American Highway.

(D) Findings on the benefits to trade and prosperity

of a more efficient Pan American Highway.

(E) Findings on the benefits to United States industry

resulting from the use of United States technology and

equipment in construction of improvements to the Pan

American Highway.

(F) Findings on environmental considerations, including environmental considerations relating to Darien Gap.

(3) REPORT.—Not later than 2 years after the date of the

enactment of this Act, the Secretary shall transmit to Congress

a report on the results of the study.

(b) HIGHWAY SIGNS FOR NATIONAL HIGHWAY SYSTEM.—

(1) STUDY.—The Secretary shall conduct a study to determine the cost, need, and efficacy of establishing a highway

sign for identifying routes on the National Highway System.

In conducting the study, the Secretary shall make a determination concerning whether to identify National Highway System

route numbers.

(2) REPORT.—Not later than March 1, 1997, the Secretary

shall transmit to Congress a report on the results of the study.

23 USC 109 note.

23 USC 309 note.

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PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 627

(c) COMPLIANCE WITH BUY AMERICAN ACT.— (1) STUDY.—The Secretary shall conduct a study on compli- ance with the Buy American Act (41 U.S.C. 10a–10c) with

respect to contracts entered into using amounts made available

from the Highway Trust Fund.

(2) REPORT.—Not later than 1 year after the date of the

enactment of this Act, the Secretary shall transmit to Congress

a report on the results of the study.

(d) MAGNETIC LEVITATION.—

(1) STUDY.—The Secretary shall conduct a study evaluating

the near-term applications of magnetic levitation ground

transportation technology in the United States, with particular

emphasis in identifying projects which would warrant immediate application of such technology. The study shall also evaluate the use of innovative financial techniques for the construction and operation of such projects.

(2) ELEMENTS.—The study shall be undertaken in consultation with a committee of 8 persons chosen by the Secretary

with appropriate backgrounds in magnetic levitation transportation, design and construction, public and private finance,

and infrastructure policy disciplines. The chairperson of the

committee shall be elected by the members.

(3) REPORT.—Not later than September 30, 1996, the Secretary shall transmit to the President and Congress a report

on the results of the study.

TITLE IV—WOODROW WILSON

MEMORIAL BRIDGE

SEC. 401. SHORT TITLE.

This title may be cited as the ‘‘Woodrow Wilson Memorial

Bridge Authority Act of 1995’’.

SEC. 402. FINDINGS.

Congress finds that—

(1) traffic congestion imposes serious economic burdens

on the metropolitan Washington, D.C., area, costing each commuter an estimated $1,000 per year;

(2) the volume of traffic in the metropolitan Washington,

D.C., area is expected to increase by more than 70 percent

between 1990 and 2020;

(3) the deterioration of the Woodrow Wilson Memorial

Bridge and the growing population of the metropolitan

Washington, D.C., area contribute significantly to traffic congestion;

(4) the Bridge serves as a vital link in the Interstate

System and in the Northeast corridor;

(5) identifying alternative methods for maintaining this

vital link of the Interstate System is critical to addressing

the traffic congestion of the area;

(6) the Bridge is—

(A) the only drawbridge in the metropolitan Washington, D.C., area on the Interstate System;

(B) the only segment of the Capital Beltway with only

6 lanes; and

Woodrow Wilson

Memorial Bridge

Authority Act of

1995.

Maryland.

Virginia.

Washington, DC.

23 USC 101 note.VerDate 17-NOV-95 22:30 Dec 01, 19
109 STAT. 628 PUBLIC LAW 104–59—NOV. 28, 1995

(C) the only segment of the Capital Beltway with a remaining expected life of less than 10 years;

(7) the Bridge is the only part of the Interstate System owned by the Federal Government; (8)(A) the Bridge was constructed by the Federal Government;

(B) prior to the date of the enactment of this Act, the

Federal Government has contributed 100 percent of the cost

of building and rehabilitating the Bridge; and (C) the Federal Government has a continuing responsibility to fund future costs associated with the upgrading of the Interstate Route 95 crossing, including the rehabilitation and

reconstruction of the Bridge; (9) the Woodrow Wilson Memorial Bridge Coordination Committee is undertaking planning studies pertaining to the

Bridge, consistent with the National Environmental Policy Act

of 1969 (42 U.S.C. 4321 et seq.) and other applicable Federal

laws;

(10) the transfer of ownership of the Bridge to a regional entity under the terms and conditions described in this title

would foster regional transportation planning efforts to identify

solutions to the growing problem of traffic congestion on and

around the Bridge; (11) any material change to the Bridge must take into account the interests of nearby communities, the commuting

public, Federal, State, and local government organizations, and

other affected groups; and (12) a commission of congressional, State, and local officials and transportation representatives has recommended to the

Secretary that the Bridge be transferred to an independent

authority to be established by the Capital Region jurisdictions.

SEC. 403. PURPOSES.

The purposes of this title are— (1) to grant consent to the Commonwealth of Virginia, the State of Maryland, and the District of Columbia to establish

by interstate agreement or compact the Woodrow Wilson Memorial Bridge Authority; (2) to authorize the transfer of ownership of the Woodrow

Wilson Memorial Bridge to the Authority for the purposes

of owning, constructing, maintaining, and operating a bridge

or tunnel or a bridge and tunnel project across the Potomac

River; and

(3) to direct the Secretary to continue working with the parties that comprise the Woodrow Wilson Memorial Bridge

Coordination Committee to complete all planning, preliminary

engineering and design, environmental studies and documentation, and final engineering, and to submit a proposed agreement

to Congress by October 1, 1996, that specifies the selected

alternative, implementation schedule, and costs of the Project

and the Federal share of the costs of the activities to be carried

out as part of the Project.

SEC. 404. DEFINITIONS.

In this title, the following definitions apply: (1) AUTHORITY.—The term ‘‘Authority’’ means the Woodrow

Wilson Memorial Bridge Authority established under section

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PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 629

(2) BOARD.—The term ‘‘Board’’ means the board of directors

of the Authority established under section 406. (3) BRIDGE.—The term ‘‘Bridge’’ means the Woodrow Wilson

Memorial Bridge across the Potomac River, including

approaches thereto.

(4) CAPITAL REGION JURISDICTION.—The term ‘‘Capital

Region jurisdiction’’ means—

(A) the Commonwealth of Virginia;

(B) the State of Maryland; and

(C) the District of Columbia.

(5) PROJECT.—The term ‘‘Project’’ means the upgrading of

the Interstate Route 95 Potomac River crossing, consistent

with the selected alternative to be determined under section

407. Such term shall include ongoing short-term rehabilitation

and repairs to the Bridge and may include 1 or more of the

following:

(A) Construction of a new bridge or bridges in the

vicinity of the Bridge.

(B) Construction of a tunnel in the vicinity of the

Bridge.

(C) Long-term rehabilitation or reconstruction of the

Bridge.

(D) Work necessary to provide rights-of-way for a rail

or bus transit facility or bus or high occupancy vehicle

lanes in connection with an activity described in subparagraph (A), (B), or (C).

(E) Work on Interstate Route 95 approaching the

Bridge and other approach roadways if necessitated by

an activity described in subparagraph (A), (B), or (C).

(F) Construction or acquisition of any building,

improvement, addition, extension, replacement, appurtenance, land, interest in land, water right, air right,

machinery, equipment, furnishing, landscaping, easement,

utility, approach, roadway, or other facility that is necessary or desirable in connection with or incidental to

a facility described in subparagraph (A), (B), or (C).

(6) SIGNATORY.—The term ‘‘Signatory’’ means any political

jurisdiction that enters into the interstate agreement or compact that establishes the Authority.

(7) WOODROW WILSON MEMORIAL BRIDGE COORDINATION

COMMITTEE.—The term ‘‘Woodrow Wilson Memorial Bridge

Coordination Committee’’ means the Woodrow Wilson Memorial

Bridge Coordination Committee established and chaired by the

Federal Highway Administration and comprised of representatives of Federal, State, and local governments.

SEC. 405. ESTABLISHMENT OF AUTHORITY.

(a) CONSENT TO INTERSTATE AGREEMENT.—Congress grants consent to the Capital Region jurisdictions to enter into an interstate

agreement or compact to establish the Authority and to designate

the governance, powers, and duties of the Authority. The Authority

shall be a non-Federal entity designated by the interstate agreement

or compact.

(b) ESTABLISHMENT OF AUTHORITY.—

(1) IN GENERAL.—Upon execution of the interstate agreement or compact described in subsection (a) and an agreement

between the Secretary and the Signatories as to the FederalVerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 0
109 STAT. 630 PUBLIC LAW 104–59—NOV. 28, 1995

share of the cost of the Project and the terms and conditions

related to the timing of the transfer of the Bridge to the

Authority as provided in section 407(c), the Authority shall

be considered to be established for purposes of subsection (c).

(2) GENERAL POWERS.—The Authority shall be a body corporate and politic, and an instrumentality of each of the Capital

Region jurisdictions, having the powers and jurisdiction

described in this title and such additional powers as are conferred on the Authority by the Capital Region jurisdictions,

to the extent that the additional powers are consistent with

this title.

(c) PURPOSES OF AUTHORITY.—The Authority shall be established—

(1) to assume ownership of the Bridge; and

(2) to undertake the Project.

SEC. 406. GOVERNMENT OF AUTHORITY.

(a) IN GENERAL.—The Authority shall be governed in accordance with this section and with the terms of any interstate agreement or compact relating to the Authority that is consistent with

this title.

(b) BOARD.—The Authority shall be governed by a board of

directors consisting of not more than 12 members appointed by

the Capital Region jurisdictions and 1 member appointed by the

Secretary.

(c) QUALIFICATIONS.—At least 2 members of the Board shall

be elected officials each of whom represents a political subdivision

that has jurisdiction over the area at an end of the Project crossing.

(d) FAILURE TO APPOINT.—The failure of a Capital Region jurisdiction to appoint 1 or more members of the Board shall not impair

the establishment of the Authority if the condition of the establishment described in section 405(b)(1) has been met.

(e) PERSONAL LIABILITY OF MEMBERS.—A member of the Board,

including any nonvoting member, shall not be personally liable

for—

(1) any action taken in his or her capacity as a member

of the Board; or

(2) any note, bond, or other financial obligation of the

Authority.

(f) RESIDENCY REQUIREMENT.—Each member of the Board shall

reside within a Capital Region jurisdiction.

SEC. 407. OWNERSHIP OF BRIDGE.

(a) CONVEYANCE BY SECRETARY.—

(1) IN GENERAL.—After execution of the agreement under

subsection (c), the Secretary shall convey to the Authority all

right, title, and interest of the United States in and to the

Bridge, including such related riparian rights and interests

in land underneath the Potomac River as are necessary to

carry out the Project. Except as provided in paragraph (2),

upon conveyance by the Secretary, the Authority shall accept

the right, title, and interest in and to the Bridge and all

duties and responsibilities associated with the Bridge.

(2) INTERIM RESPONSIBILITIES.—Until such time as the

Project is constructed and operational, the conveyance under

paragraph (1) shall not—VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 00058 Frm 00064 Fmt 6580 Sfmt 
PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 631

(A) relieve the Capital Region jurisdictions of the sole

and exclusive responsibility to maintain and operate the

Bridge; or

(B) relieve the Secretary of the responsibility to

rehabilitate the Bridge or to comply with the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)

and all other requirements applicable with respect to the

Bridge.

(b) TRANSFERS OF JURISDICTION.—For the purpose of making

the conveyance under subsection (a), the Secretary of the Interior

and the head of any other Federal department or agency that

has jurisdiction over land under or adjacent to the Bridge shall

transfer such jurisdiction to the Secretary.

(c) AGREEMENT.—

(1) IN GENERAL.—The agreement referred to in subsection

(a) is an agreement concerning the Project that is executed

in accordance with this subsection.

(2) SUBMISSION TO CONGRESS.—Not later than October 1,

1996, the Secretary shall submit to Congress a proposed agreement between the Secretary and the Signatories that specifies—

(A) the selected alternative, implementation schedule,

and costs of the Project;

(B) the Federal share of the costs of the activities

to be carried out as part of the Project, including, at a

minimum, a 100 percent Federal share of—

(i) the cost of the continuing rehabilitation of the

Bridge until such time as the Project is constructed

and operational;

(ii) an amount, as determined by the Woodrow

Wilson Memorial Bridge Coordination Committee,

equivalent to the cost of replacing the Bridge with

a comparable modern bridge designed according to current engineering standards; and

(iii) the cost of planning, preliminary engineering

and design, environmental studies and documentation,

and final engineering for the Project; and

(C) the Federal share of the cost of activities to be

carried out as part of the project after September 30, 1997,

will be reduced by amounts expended by the United States

for activities (other than environmental studies and documentation) described in subparagraph (B)(iii) in fiscal years

1996 and 1997.

(3) APPROVAL AND EXECUTION OF AGREEMENT.—After the

enactment of a Federal law approving an agreement described

in paragraph (2), the Secretary may execute the agreement.

SEC. 408. PROJECT PLANNING.

The Secretary shall work with the Woodrow Wilson Memorial

Bridge Coordination Committee, or with the Authority consistent

with the purpose of the Authority, to complete, at the earliest

possible date, planning, preliminary engineering and design,

environmental studies and documentation, and final engineering

for the Project, consistent with the National Environmental Policy

Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable Federal

laws.VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 00058 Frm 00065 Fmt 6580 Sfmt 6581 \SLIPLAW\PUBL59.104 APPS21
109 STAT. 632 PUBLIC LAW 104–59—NOV. 28, 1995

SEC. 409. ADDITIONAL POWERS AND RESPONSIBILITIES OF AUTHORITY.

In addition to the powers and responsibilities of the Authority under the other provisions of this title and under any interstate

agreement or compact relating to the Authority that is consistent

with this title, the Authority shall have all powers necessary and

appropriate to carry out the duties of the Authority, including

the power—(1) to adopt and amend any bylaw that is necessary for the regulation of the affairs of the Authority and the conduct

of the business of the Authority; (2) to adopt and amend any regulation that is necessary to carry out the powers of the Authority; (3) subject to section 407(a)(2), to plan, establish, finance, operate, develop, construct, enlarge, maintain, equip, or protect

the facilities of the Project; (4) to employ, in the discretion of the Authority, such personnel and agents as may be necessary to carry out the

purposes of the Authority (including consulting engineers, attorneys, accountants, construction and financial experts, superintendents, and managers) and to fix the compensation and

benefits of the employees and agents, except that—

(A) an employee of the Authority shall not engage

in an activity described in section 7116(b)(7) of title 5,

United States Code, with respect to the Authority; and

(B) an employment agreement entered into by the

Authority shall contain an explicit prohibition against an

activity described in subparagraph (A) with respect to the

Authority by an employee covered by the agreement;

(5) to acquire personal and real property (including land lying under water and riparian rights), or any easement or

other interest in real property, by purchase, lease, gift, transfer,

or exchange; (6) to exercise such powers of eminent domain in the Capital Region jurisdictions as are conferred on the Authority by

the Signatories, in the exercise of the powers and the performance of the duties of the Authority;

(7) to apply for and accept any property, material, service,

payment, appropriation, grant, gift, loan, advance, or other

fund that is transferred or made available to the Authority

by the Federal Government or by any other public or private

entity or individual;

(8) to borrow money on a short-term basis and issue notes

of the Authority for the borrowing payable on such terms and

conditions as the Board considers advisable, and to issue longterm or short-term bonds in the discretion of the Authority

for any purpose consistent with this title, which notes and

bonds—

(A) shall not constitute a debt of the United States

(or any political subdivision of the United States), or a

general obligation of a Capital Region jurisdiction (or any

political subdivision of a Capital Region jurisdiction), unless

consented to by the jurisdiction or political subdivision;

and

(B) may be secured solely by the general revenues

of the Authority, or solely by the income and revenues

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PUBLIC LAW 104–59—NOV. 28, 1995 109 STAT. 633

constructed as part of the Project, or by other revenues

in the discretion of the Authority;

(9) to fix, revise, charge, and collect any reasonable toll

or other charge;

(10) to enter into any contract or agreement necessary

or appropriate to the performance of the duties of the Authority

or the proper operation of the Bridge or a new crossing of

the Potomac River constructed as part of the Project;

(11) to make any payment necessary to reimburse a local

political subdivision having jurisdiction over an area where

the Bridge or a new crossing of the Potomac River is situated

for any extraordinary law enforcement cost incurred by the

subdivision in connection with the Authority facility;

(12) to enter into partnerships or grant concessions between

the public and private sectors for the purpose of—

(A) financing, constructing, maintaining, improving, or

operating the Bridge or a new crossing of the Potomac

River constructed as part of the Project; or

(B) fostering development of a new transportation technology;

(13) to obtain any necessary Federal authorization, permit,

or approval for the construction, repair, maintenance, or operation of the Bridge or a new crossing of the Potomac River

constructed as part of the Project;

(14) to adopt an official seal and alter the seal, as the

Board considers appropriate;

(15) to appoint 1 or more advisory committees;

(16) to sue and be sued in the name of the Authority;

(17) to carry out or contract with other entities to carry

out such maintenance of traffic activities during construction

of the Project as is considered necessary by the Authority

to properly manage traffic and minimize congestion, such as

public information campaigns, improvements designed to

encourage appropriate use of alternative routes, use of high

occupancy vehicles and transit services, and deployment and

operation of intelligent transportation technologies; and

(18) to carry out any activity necessary or appropriate

to the exercise of the powers or performance of the duties

of the Authority under this title and under any interstate

agreement or compact relating to the Authority that is consistent with this title, if the activity is coordinated and consistent

with the transportation planning process implemented by the

metropolitan planning organization for the Washington, District

of Columbia, metropolitan area under section 134 of title 23,

United States Code, and section 5303 of title 49, United States

Code.

SEC. 410. FUNDING.

Section 104 of title 23, United States Code, as amended by

section 337(f) of this Act, is amended by inserting before subsection

(j), as redesignated by such section 337(f), the following:

‘‘(i) WOODROW WILSON MEMORIAL BRIDGE.—

‘‘(1) EXPENDITURE.—From any available administrative

funds deducted under subsection (a), the Secretary shall obligate such sums as are necessary for each of fiscal years 1996

and 1997 for the rehabilitation of the Woodrow Wilson Memorial Bridge and for environmental studies and documentation,VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 0
109 STAT. 634 PUBLIC LAW 104–59—NOV. 28, 1995

LEGISLATIVE HISTORY—S. 440 (H.R. 2274):

HOUSE REPORTS: Nos. 104–246 accompanying H.R. 2274 (Comm. on Transportation and Infrastructure) and 104–345 (Comm. of Conference).

SENATE REPORTS: No. 104–86 (Comm. on Environment and Public Works).

CONGRESSIONAL RECORD, Vol. 141 (1995):

June 16, 19–22, considered and passed Senate.

Sept. 20, H.R. 2274 considered and passed House; S. 440, amended, passed

in lieu.

Nov. 17, Senate agreed to conference report.

Nov. 18, House agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):

Nov. 28, Presidential statement.

Æ

planning, preliminary engineering and design, and final

engineering for a new crossing of the Potomac River as part

of the Project, as defined by section 404 of the Woodrow Wilson

Memorial Bridge Authority Act of 1995.

‘‘(2) FEDERAL SHARE.—The Federal share of the cost of

any project funded with amounts expended under paragraph

(1) shall be 100 percent.’’.

SEC. 411. AVAILABILITY OF PRIOR AUTHORIZATIONS.

In addition to the funds made available under section 104(i)

of title 23, United States Code, any funds made available for the

rehabilitation of the Bridge under sections 1069(i) and 1103(b)

of the Intermodal Surface Transportation Efficiency Act of 1991

(105 Stat. 2009 and 2028) shall continue to be available after

the conveyance under section 407(a) of the Bridge, in accordance

with the terms under which the funds were made available under

such sections 1069(i) and 1103(b).

Approved November 28, 1995.VerDate 17-NOV-95 22:30 Dec 01, 1995 Jkt 029139 PO 00058 Frm 00068 Fmt 6580 S