104TH CONGRESS

1ST SESSION S. 440

AN ACT

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

designation of the National Highway System, and for

other purposes.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘National Highway System Designation Act of 1995’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act is as follows:
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Sec. 1. Short title; table of contents.

TITLE I—HIGHWAY PROVISIONS

Sec. 101. National Highway System designation.

Sec. 102. Eligible projects for the National Highway System.

Sec. 103. Transferability of apportionments.

Sec. 104. Design criteria for the National Highway System.

Sec. 105. Applicability of transportation conformity requirements.

Sec. 106. Use of recycled paving material.

Sec. 107. Limitation on advance construction.

Sec. 108. Preventive maintenance.

Sec. 109. Eligibility of bond and other debt instrument financing for reimbursement as construction expenses.

Sec. 110. Federal share for highways, bridges, and tunnels.

Sec. 111. Applicability of certain requirements to third party sellers.

Sec. 112. Streamlining for transportation enhancement projects.

Sec. 113. Non-Federal share for certain toll bridge projects.

Sec. 114. Congestion mitigation and air quality improvement program.

Sec. 115. Limitation of national maximum speed limit to certain commercial

motor vehicles.

Sec. 116. Federal share for bicycle transportation facilities and pedestrian

walkways.

Sec. 117. Suspension of management systems.

Sec. 118. Intelligent transportation systems.

Sec. 119. Donations of funds, materials, or services for federally assisted activities.

Sec. 120. Metric conversion of traffic control signs.

Sec. 121. Identification of high priority corridors.

Sec. 122. Revision of authority for innovative project in Florida.

Sec. 123. Revision of authority for priority intermodal project in California.

Sec. 124. National recreational trails funding program.

Sec. 125. Intermodal facility in New York.

Sec. 126. Clarification of eligibility.

Sec. 127. Bristol, Rhode Island, street marking.

Sec. 128. Public use of rest areas.

Sec. 129. Collection of tolls to finance certain environmental projects in Florida.

Sec. 130. Hours of service of drivers of ground water well drilling rigs.

Sec. 131. Rural access projects.

Sec. 132. Inclusion of high priority corridors.

Sec. 133. Sense of the Senate regarding the Federal-State funding relationship

for transportation.

Sec. 134. Quality through competition.

Sec. 135. Federal share for economic growth center development highways.

Sec. 136. Vehicle weight and longer combination vehicles exemption for Sioux

City, Iowa.

Sec. 137. Revision of authority for congestion relief project in California.

Sec. 138. Applicability of certain vehicle weight limitations in Wisconsin.

Sec. 139. Prohibition on new highway demonstration projects.

Sec. 140. Treatment of Centennial Bridge, Rock Island, Illinois, agreement.

Sec. 141. Moratorium on certain emissions testing requirements.

Sec. 142. Elimination of penalties for noncompliance with motorcycle helmet

use requirement.

Sec. 143. Clarification of Eligibility.
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Sec. 144. Toll roads, bridges, tunnels, non-toll roads that have a dedicated revenue source, and ferries.

Sec. 145. Transfer of funds between certain demonstration projects in Louisiana.

Sec. 146. Northwest Arkansas regional airport connector.

Sec. 147. Intercity rail infrastructure investment.

Sec. 148. Operation of motor vehicles by intoxicated minors.

Sec. 149. Contingent commitments.

Sec. 150. Availability of certain funds for Boston-to-Portland rail corridor.

Sec. 151. Revision of authority of multiyear contracts.

Sec. 152. Feasibility study of evacuation routes for Louisiana coastal areas.

Sec. 153. 34th Street corridor project in Moorhead, Minnesota.

Sec. 154. Safety belt use law requirements for New Hampshire and Maine.

Sec. 155. Report on accelerated vehicle retirement programs.

Sec. 156. Intercity rail infrastructure investment from Mass Transit Account of

Highway Trust Fund.

Sec. 157. Moratorium.

TITLE II—NATIONAL CAPITAL REGION INTERSTATE

TRANSPORTATION AUTHORITY

Sec. 201. Short title.

Sec. 202. Findings.

Sec. 203. Purposes.

Sec. 204. Definitions.

Sec. 205. Establishment of Authority.

Sec. 206. Government of Authority.

Sec. 207. Ownership of Bridge.

Sec. 208. Capital improvements and construction.

Sec. 209. Additional powers and responsibilities of Authority.

Sec. 210. Funding.

Sec. 211. Availability of prior authorizations.

TITLE III—FEDERAL HIGHWAY AND RAILROAD GRADE CROSSING

SAFETY

Sec. 301. Short title.

Sec. 302. Intelligent vehicle-highway systems.

Sec. 303. State highway safety management systems.

Sec. 304. Violation of grade-crossing laws and regulations.

Sec. 305. Safety enforcement.

Sec. 306. Crossing elimination; statewide crossing freeze.

1 TITLE I—HIGHWAY PROVISIONS

2 SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNATION.

3 (a) IN GENERAL.—Section 103 of title 23, United

4 States Code, is amended by inserting after subsection (b)

5 the following:
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1 ‘‘(c) NATIONAL HIGHWAY SYSTEM DESIGNATION.—

2 ‘‘(1) DESIGNATION.—The most recent National

3 Highway System (as of the date of enactment of this

4 Act) as submitted by the Secretary of Transpor5 tation pursuant to this section is designated as the

6 National Highway System.

7 ‘‘(2) MODIFICATIONS.—

8 ‘‘(A) IN GENERAL.—At the request of a

9 State, the Secretary may—

10 ‘‘(i) add a new route segment to the

11 National Highway System, including a new

12 intermodal connection; or

13 ‘‘(ii) delete a route segment in exist14 ence on the date of the request and any

15 connection to the route segment;

16 if the total mileage of the National Highway

17 System (including any route segment or connec18 tion proposed to be added under this subpara19 graph) does not exceed 165,000 miles (265,542

20 kilometers).

21 ‘‘(B) PROCEDURES FOR CHANGES RE22 QUESTED BY STATES.—Each State that makes

23 a request for a change in the National Highway

24 System pursuant to subparagraph (A) shall es25 tablish that each change in a route segment or
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1 connection referred to in the subparagraph has

2 been identified by the State, in cooperation with

3 local officials, pursuant to applicable transpor4 tation planning activities for metropolitan areas

5 carried out under section 134 and statewide

6 planning processes carried out under section

7 135.

8 ‘‘(3) APPROVAL BY THE SECRETARY.—The Sec9 retary may approve a request made by a State for

10 a change in the National Highway System pursuant

11 to paragraph (2) if the Secretary determines that

12 the change—

13 ‘‘(A) meets the criteria established for the

14 National Highway System under this title; and

15 ‘‘(B) enhances the national transportation

16 characteristics of the National Highway Sys17 tem.’’.

18 (b) ROUTE SEGMENTS IN WYOMING.—

19 (1) IN GENERAL.—The Secretary of Transpor20 tation shall cooperate with the State of Wyoming in

21 monitoring the changes in growth along, and traffic

22 patterns of, the route segments in Wyoming de23 scribed in paragraph (2), for the purpose of future

24 consideration of the addition of the route segments

25 to the National Highway System in accordance with
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1 paragraphs (2) and (3) of section 103(c) of title 23,

2 United States Code (as added by subsection (a)).

3 (2) ROUTE SEGMENTS.—The route segments

4 referred to in paragraph (1) are—

5 (A) United States Route 191 from Rock

6 Springs to Hoback Junction;

7 (B) United States Route 16 from Worland

8 to Interstate Route 90; and

9 (C) Wyoming Route 59 from Douglas to

10 Gillette.

11 SEC. 102. ELIGIBLE PROJECTS FOR THE NATIONAL HIGH12 WAY SYSTEM.

13 (a) IN GENERAL.—Section 103(i) of title 23, United

14 States Code, is amended—

15 (1) by striking paragraph (8) and inserting the

16 following:

17 ‘‘(8) Capital and operating costs for traffic

18 monitoring, management, and control facilities and

19 programs.’’; and

20 (2) by adding at the end the following:

21 ‘‘(14) Construction, reconstruction, resurfacing,

22 restoration, and rehabilitation of, and operational

23 improvements for, public highways connecting the

24 National Highway System to—
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1 ‘‘(A) ports, airports, and rail, truck, and

2 other intermodal freight transportation facili3 ties; and

4 ‘‘(B) public transportation facilities.

5 ‘‘(15) Construction of, and operational improve6 ments for, the Alameda Transportation Corridor

7 along Alameda Street from the entrance to the ports

8 of Los Angeles and Long Beach to Interstate 10,

9 Los Angeles, California. The Federal share of the

10 cost of the construction and improvements shall be

11 determined in accordance with section 120(b).’’.

12 (b) DEFINITION.—Section 101(a) of title 23, United

13 States Code, is amended by striking the undesignated

14 paragraph defining ‘‘startup costs for traffic management

15 and control’’ and inserting the following:

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

17 management, and control’ includes labor costs, adminis18 trative costs, costs of utilities and rent, and other costs

19 associated with the continuous operation of traffic control

20 activities, such as integrated traffic control systems, inci21 dent management programs, and traffic control centers.’’.

22 SEC. 103. TRANSFERABILITY OF APPORTIONMENTS.

23 The third sentence of section 104(g) of title 23, Unit24 ed States Code, is amended by striking ‘‘40 percent’’ and

25 inserting ‘‘60 percent’’.
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1 SEC. 104. DESIGN CRITERIA FOR THE NATIONAL HIGHWAY

2 SYSTEM.

3 Section 109 of title 23, United States Code, is

4 amended—

5 (1) by striking subsection (a) and inserting the

6 following:

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

8 the plans and specifications for each proposed highway

9 project under this chapter provide for a facility that will—

10 ‘‘(1) adequately serve the existing and planned

11 future traffic of the highway in a manner that is

12 conducive to safety, durability, and economy of

13 maintenance; and

14 ‘‘(2) be designed and constructed in accordance

15 with criteria best suited to accomplish the objectives

16 described in paragraph (1) and to conform to the

17 particular needs of each locality.’’;

18 (2) by striking subsection (c) and inserting the

19 following:

20 ‘‘(c) DESIGN CRITERIA FOR THE NATIONAL HIGH21 WAY SYSTEM.—

22 ‘‘(1) IN GENERAL.—A design for new construc23 tion, reconstruction, resurfacing (except for mainte24 nance resurfacing), restoration, or rehabilitation of a

25 highway on the National Highway System (other

26 than a highway also on the Interstate System) shall
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1 take into account, in addition to the criteria de2 scribed in subsection (a)—

3 ‘‘(A) the constructed and natural environ4 ment of the area;

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

6 historic, community, and preservation impacts

7 of the activity; and

8 ‘‘(C) as appropriate, access for other

9 modes of transportation.

10 ‘‘(2) DEVELOPMENT OF CRITERIA.—The Sec11 retary, in cooperation with State highway agencies,

12 shall develop criteria to implement paragraph (1). In

13 developing the criteria, the Secretary shall consider

14 the results of the committee process of the American

15 Association of State Highway and Transportation

16 Officials as adopted and published in ‘A Policy on

17 Geometric Design of Highways and Streets’, after

18 adequate opportunity for input by interested par19 ties.’’; and

20 (3) by striking subsection (q) and inserting the

21 following:

22 ‘‘(q) ENVIRONMENTAL, SCENIC, AND HISTORIC VAL23 UES.—Notwithstanding subsections (b) and (c), the Sec24 retary may approve a project for the National Highway

25 System if the project is designed to—
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1 ‘‘(1) allow for the preservation of environ2 mental, scenic, or historic values;

3 ‘‘(2) ensure safe use of the facility; and

4 ‘‘(3) comply with subsection (a).’’.

5 SEC. 105. APPLICABILITY OF TRANSPORTATION CONFORM6 ITY REQUIREMENTS.

7 (a) HIGHWAY CONSTRUCTION.—Section 109(j) of

8 title 23, United States Code, is amended by striking ‘‘plan

9 for the implementation of any ambient air quality stand10 ard for any air quality control region designated pursuant

11 to the Clean Air Act, as amended.’’ and inserting the fol12 lowing: ‘‘plan for—

13 ‘‘(1) the implementation of a national ambient

14 air quality standard for which an area is designated

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

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

17 ‘‘(2) the maintenance of a national ambient air

18 quality standard in an area that was designated as

19 a nonattainment area but that was later redesig20 nated by the Administrator as an attainment area

21 for the standard and that is required to develop a

22 maintenance plan under section 175A of the Clean

23 Air Act (42 U.S.C. 7505a).’’.
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1 (b) CLEAN AIR ACT REQUIREMENTS.—Section

2 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) is amend3 ed by adding at the end the following:

4 ‘‘(5) APPLICABILITY.—This subsection shall

5 apply only with respect to—

6 ‘‘(A) a nonattainment area and each spe7 cific pollutant for which the area is designated

8 as a nonattainment area; and

9 ‘‘(B) an area that was designated as a

10 nonattainment area but that was later redesig11 nated by the Administrator as an attainment

12 area and that is required to develop a mainte13 nance plan under section 175A with respect to

14 the specific pollutant for which the area was

15 designated nonattainment.’’.

16 SEC. 106. USE OF RECYCLED PAVING MATERIAL.

17 (a) IN GENERAL.—Section 1038 of the Intermodal

18 Surface Transportation Efficiency Act of 1991 (Public

19 Law 102–240; 23 U.S.C. 109 note) is amended—

20 (1) by striking subsection (d) and inserting the

21 following:

22 ‘‘(d) ASPHALT PAVEMENT CONTAINING RECYCLED

23 RUBBER.—

24 ‘‘(1) CRUMB RUBBER MODIFIER RESEARCH.—

25 Not later than 180 days after the date of enactment
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1 of the National Highway System Designation Act of

2 1995, the Administrator of the Federal Highway

3 Administration shall develop testing procedures and

4 conduct research to develop performance grade clas5 sifications, in accordance with the strategic highway

6 research program carried out under section 307(d)

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

8 modifier binders. The testing procedures and per9 formance grade classifications should be developed in

10 consultation with representatives of the crumb rub11 ber modifier industry and other interested parties

12 (including the asphalt paving industry) with experi13 ence in the development of the procedures and clas14 sifications.

15 ‘‘(2) CRUMB RUBBER MODIFIER PROGRAM DE16 VELOPMENT.—

17 ‘‘(A) IN GENERAL.—The Administrator of

18 the Federal Highway Administration shall make

19 grants to States to develop programs to use

20 crumb rubber from scrap tires to modify as21 phalt pavements. Each State may receive not

22 more than $500,000 under this paragraph.

23 ‘‘(B) USE OF GRANT FUNDS.—Grant funds

24 made available to States under this paragraph

25 may be used—
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1 ‘‘(i) to develop mix designs for crumb

2 rubber modified asphalt pavements;

3 ‘‘(ii) for the placement and evaluation

4 of crumb rubber modified asphalt pave5 ment field tests; and

6 ‘‘(iii) for the expansion of State

7 crumb rubber modifier programs in exist8 ence on the date the grant is made avail9 able.’’; and

10 (2) in subsection (e), by striking paragraph (1)

11 and inserting the following:

12 ‘‘(1) the term ‘asphalt pavement containing re13 cycled rubber’ means any mixture of asphalt and

14 crumb rubber derived from whole scrap tires, such

15 that the physical properties of the asphalt are modi16 fied through the mixture, for use in pavement main17 tenance, rehabilitation, or construction applications;

18 and’’.

19 (b) FUNDING.—Section 307(e)(13) of title 23, United

20 States Code, is amended by inserting after the second sen21 tence the following: ‘‘Of the amounts authorized to be ex22 pended under this paragraph, $500,000 shall be expended

23 in fiscal year 1996 to carry out section 1038(d)(1) of the

24 Intermodal Surface Transportation Efficiency Act of 1991

25 (Public Law 102–240; 23 U.S.C. 109 note) and
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1 $10,000,000 shall be expended in each of fiscal years 1996

2 and 1997 to carry out section 1038(d)(2) of the Act.’’.

3 SEC. 107. LIMITATION ON ADVANCE CONSTRUCTION.

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

5 amended to read as follows:

6 ‘‘(d) REQUIREMENT OF INCLUSION IN TRANSPOR7 TATION IMPROVEMENT PROGRAM.—The Secretary may

8 not approve an application under this section unless the

9 project is included in the transportation improvement pro10 gram of the State developed under section 135(f).’’.

11 SEC. 108. PREVENTIVE MAINTENANCE.

12 Section 116 of title 23, United States Code, is

13 amended by adding at the end the following:

14 ‘‘(d) PREVENTIVE MAINTENANCE.—A preventive

15 maintenance activity shall be eligible for Federal assist16 ance under this title if the State demonstrates to the satis17 faction of the Secretary that the activity is a cost-effective

18 means of extending the life of a Federal-aid highway.’’.

19 SEC. 109. ELIGIBILITY OF BOND AND OTHER DEBT INSTRU20 MENT FINANCING FOR REIMBURSEMENT AS

21 CONSTRUCTION EXPENSES.

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

23 States Code, is amended to read as follows:
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1 ‘‘SEC. 122. PAYMENTS TO STATES FOR BOND AND OTHER

2 DEBT INSTRUMENT FINANCING.

3 ‘‘(a) DEFINITION OF ELIGIBLE DEBT FINANCING IN4 STRUMENT.—In this section, the term ‘eligible debt fi5 nancing instrument’ means a bond or other debt financing

6 instrument, including a note, certificate, mortgage, or

7 lease agreement, issued by a State or political subdivision

8 of a State, the proceeds of which are used for an eligible

9 Federal-aid project under this title.

10 ‘‘(b) FEDERAL REIMBURSEMENT.—Subject to sub11 sections (c) and (d), the Secretary may reimburse a State

12 for expenses and costs incurred by the State or a political

13 subdivision of the State, for—

14 ‘‘(1) interest payments under an eligible debt fi15 nancing instrument;

16 ‘‘(2) the retirement of principal of an eligible

17 debt financing instrument;

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

19 financing instrument;

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

21 financing instrument; and

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

23 eligible debt financing instrument (as determined by

24 the Secretary).

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

26 reimburse a State under subsection (b) with respect to a
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1 project funded by an eligible debt financing instrument

2 after the State has complied with this title to the extent

3 and in the manner that would be required if payment were

4 to be made under section 121.

5 ‘‘(d) FEDERAL SHARE.—The Federal share of the

6 cost of a project payable under this section shall not ex7 ceed the pro-rata basis of payment authorized in section

8 120.

9 ‘‘(e) STATUTORY CONSTRUCTION.—Notwithstanding

10 any other law, the eligibility of an eligible debt financing

11 instrument for reimbursement under subsection (a) shall

12 not—

13 ‘‘(1) constitute a commitment, guarantee, or

14 obligation on the part of the United States to pro15 vide for payment of principal or interest on the eligi16 ble debt financing instrument; or

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

18 the United States for payment under the eligible

19 debt financing instrument.’’.

20 (b) DEFINITION OF CONSTRUCTION.—The first sen21 tence of the undesignated paragraph defining ‘‘construc22 tion’’ of section 101(a) of title 23, United States Code,

23 is amended by inserting ‘‘bond costs and other costs relat24 ing to the issuance of bonds or other debt instrument fi-
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1 nancing in accordance with section 122,’’ after ‘‘highway,

2 including’’.

3 (c) CONFORMING AMENDMENT.—The analysis for

4 chapter 1 of title 23, United States Code, is amended by

5 striking the item relating to section 122 and inserting the

6 following:

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

7 SEC. 110. FEDERAL SHARE FOR HIGHWAYS, BRIDGES, AND

8 TUNNELS.

9 Section 129(a) of title 23, United States Code, is

10 amended by striking paragraph (5) and inserting the fol11 lowing:

12 ‘‘(5) LIMITATION ON FEDERAL SHARE.—The

13 Federal share payable for an activity described in

14 paragraph (1) shall be a percentage determined by

15 the State, but not to exceed 80 percent.’’.

16 SEC. 111. APPLICABILITY OF CERTAIN REQUIREMENTS TO

17 THIRD PARTY SELLERS.

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

19 amended by adding at the end the following:

20 ‘‘(5) APPLICABILITY OF CERTAIN REQUIRE21 MENTS TO THIRD PARTY SELLERS.—

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

23 subparagraphs (B) and (C), in the case of a

24 transportation enhancement activity funded

25 from the allocation required under paragraph
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1 (2), if real property or an interest in real prop2 erty is to be acquired from a qualified organiza3 tion exclusively for conservation purposes (as

4 determined under section 170(h) of the Internal

5 Revenue Code of 1986), the organization shall

6 be considered to be the owner of the property

7 for the purpose of the Uniform Relocation As8 sistance and Real Property Acquisition Policies

9 Act of 1970 (42 U.S.C. 4601 et seq.).

10 ‘‘(B) FEDERAL APPROVAL PRIOR TO IN11 VOLVEMENT OF QUALIFIED ORGANIZATION.—If

12 Federal approval of the acquisition of the real

13 property or interest predates the involvement of

14 a qualified organization described in subpara15 graph (A) in the acquisition of the property, the

16 organization shall be considered to be an ac17 quiring agency or person as described in section

18 24.101(a)(2) of title 49, Code of Federal Regu19 lations, for the purpose of the Uniform Reloca20 tion Assistance and Real Property Acquisition

21 Policies Act of 1970 (42 U.S.C. 4601 et seq.).

22 ‘‘(C) ACQUISITIONS ON BEHALF OF RE23 CIPIENTS OF FEDERAL FUNDS.—If a qualified

24 organization described in subparagraph (A) has

25 contracted with a State highway administration
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1 or other recipient of Federal funds to acquire

2 the real property or interest on behalf of the re3 cipient, the organization shall be considered to

4 be an agent of the recipient for the purpose of

5 the Uniform Relocation Assistance and Real

6 Property Acquisition Policies Act of 1970 (42

7 U.S.C. 4601 et seq.).’’.

8 SEC. 112. STREAMLINING FOR TRANSPORTATION EN9 HANCEMENT PROJECTS.

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

11 amended—

12 (1) in paragraph (3)—

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

14 and inserting the following:

15 ‘‘(3) PAYMENTS.—

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

17 subparagraph (B), the’’; and

18 (B) by adding at the end the following:

19 ‘‘(B) ADVANCE PAYMENT OPTION FOR

20 TRANSPORTATION ENHANCEMENT ACTIVI21 TIES.—

22 ‘‘(i) IN GENERAL.—The Secretary

23 may advance funds to the State for trans24 portation enhancement activities funded

25 from the allocation required by subsection
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1 (d)(2) for a fiscal year if the Secretary cer2 tifies for the fiscal year that the State has

3 authorized and uses a process for the se4 lection of transportation enhancement

5 projects that involves representatives of af6 fected public entities, and private citizens,

7 with expertise related to transportation en8 hancement activities.

9 ‘‘(ii) LIMITATION ON AMOUNTS.—

10 Amounts advanced under this subpara11 graph shall be limited to such amounts as

12 are necessary to make prompt payments

13 for project costs.

14 ‘‘(iii) EFFECT ON OTHER REQUIRE15 MENTS.—This subparagraph shall not ex16 empt a State from other requirements of

17 this title relating to the surface transpor18 tation program.’’; and

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

20 ‘‘(5) TRANSPORTATION ENHANCEMENT ACTIVI21 TIES.—

22 ‘‘(A) CATEGORICAL EXCLUSIONS.—To the

23 extent appropriate, the Secretary shall develop

24 categorical exclusions from the requirement

25 that an environmental assessment or an envi-
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1 ronmental impact statement under section 102

2 of the National Environmental Policy Act of

3 1969 (42 U.S.C. 4332) be prepared for trans4 portation enhancement activities funded from

5 the allocation required by subsection (d)(2).

6 ‘‘(B) NATIONWIDE PROGRAMMATIC AGREE7 MENT.—The Administrator of the Federal

8 Highway Administration, in consultation with

9 the National Conference of State Historic Pres10 ervation Officers and the Advisory Council on

11 Historic Preservation established under title II

12 of the National Historic Preservation Act (16

13 U.S.C. 470i et seq.), shall develop a nationwide

14 programmatic agreement governing the review

15 of transportation enhancement activities funded

16 from the allocation required by subsection

17 (d)(2), in accordance with—

18 ‘‘(i) section 106 of the National His19 toric Preservation Act (16 U.S.C. 470f);

20 and

21 ‘‘(ii) the regulations of the Advisory

22 Council on Historic Preservation.’’.
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1 SEC. 113. NON-FEDERAL SHARE FOR CERTAIN TOLL

2 BRIDGE PROJECTS.

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

4 amended by adding at the end the following: ‘‘Any non5 Federal funds expended for the seismic retrofit of the

6 bridge may be credited toward the non-Federal share re7 quired as a condition of receipt of any Federal funds for

8 seismic retrofit of the bridge made available after the date

9 of the expenditure.’’.

10 SEC. 114. CONGESTION MITIGATION AND AIR QUALITY IM11 PROVEMENT PROGRAM.

12 (a) AREAS ELIGIBLE FOR FUNDS.—

13 (1) IN GENERAL.—The first sentence of section

14 149(b) of title 23, United States Code, is amend15 ed—

16 (A) by inserting ‘‘for areas in the State

17 that were designated as nonattainment areas

18 under section 107(d) of the Clean Air Act (42

19 U.S.C. 7407(d))’’ after ‘‘may obligate funds’’;

20 and

21 (B) in paragraph (1)(A)—

22 (i) by striking ‘‘contribute to the’’ and

23 inserting the following: ‘‘contribute to—

24 ‘‘(i) the’’; and

25 (ii) by adding at the end the follow26 ing:
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1 ‘‘(ii) the maintenance of a national ambi2 ent air quality standard in an area that was

3 designated as a nonattainment area but that

4 was later redesignated by the Administrator of

5 the Environmental Protection Agency as an at6 tainment area under section 107(d) of the

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

8 (2) APPORTIONMENT.—Section 104(b)(2) of

9 title 23, United States Code, is amended—

10 (A) in the second sentence, by striking ‘‘is

11 a nonattainment area (as defined in the Clean

12 Air Act) for ozone’’ and inserting ‘‘was a non13 attainment area (as defined in section 171(2) of

14 the Clean Air Act (42 U.S.C. 7501(2))) for

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

16 (B) in the third sentence—

17 (i) by striking ‘‘is also’’ and inserting

18 ‘‘was also’’; and

19 (ii) by inserting ‘‘during any part of

20 fiscal year 1994’’ after ‘‘monoxide’’.

21 (3) ORANGE STREET BRIDGE, MISSOULA, MON22 TANA.—Notwithstanding section 149 of title 23,

23 United States Code, or any other law, a project to

24 construct new capacity for the Orange Street Bridge

25 in Missoula, Montana, shall be eligible for funding
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1 under the congestion mitigation and air quality im2 provement program established under the section.

3 (b) REMOVAL OF CERTAIN FUNDING LIMITA4 TIONS.—Section 149(b)(1)(A) of title 23, United States

5 Code, is amended by striking ‘‘(other than clauses (xii)

6 and (xvi) of such section), that the project or program’’

7 and inserting ‘‘, that the publicly sponsored project or pro8 gram’’.

9 (c) EFFECT OF LIMITATION ON APPORTIONMENT.—

10 Notwithstanding any other law, for each of fiscal years

11 1996 and 1997, any limitation under this section or an

12 amendment made by this section on an apportionment

13 otherwise authorized under section 1003(a)(4) of the

14 Intermodal Surface Transportation Efficiency Act of 1991

15 (Public Law 102–240; 105 Stat. 1919) shall not affect

16 any hold harmless apportionment adjustment under sec17 tion 1015(a) of the Act (Public Law 102–240; 105 Stat.

18 1943).

19 (d) TRAFFIC MONITORING, MANAGEMENT, AND CON20 TROL FACILITIES AND PROGRAMS.—The first sentence of

21 section 149(b) of title 23, United States Code, is amend22 ed—

23 (1) in paragraph (2), by striking ‘‘or’’ at the

24 end;
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1 (2) in paragraph (3), by striking the period at

2 the end and inserting ‘‘; or’’; and

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

4 ‘‘(4) to establish or operate a traffic monitor5 ing, management, and control facility or program if

6 the Secretary, after consultation with the Adminis7 trator of the Environmental Protection Agency, de8 termines that the facility or program is likely to con9 tribute to the attainment of a national ambient air

10 quality standard.’’.

11 SEC. 115. LIMITATION OF NATIONAL MAXIMUM SPEED

12 LIMIT TO CERTAIN COMMERCIAL MOTOR VE13 HICLES.

14 (a) IN GENERAL.—Section 154 of title 23, United

15 States Code, is amended—

16 (1) by striking the section heading and insert17 ing the following:

18 ‘‘§ 154. National maximum speed limit for certain

19 commercial motor vehicles’’;

20 (2) in subsection (a)—

21 (A) by inserting ‘‘, with respect to motor

22 vehicles’’ before ‘‘(1)’’; and

23 (B) in paragraph (4), by striking ‘‘motor

24 vehicles using it’’ and inserting ‘‘vehicles driven

25 or drawn by mechanical power manufactured
26

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1 primarily for use on public highways (except

2 any vehicle operated exclusively on a rail or

3 rails) using it’’;

4 (3) by striking subsection (b) and inserting the

5 following:

6 ‘‘(b) MOTOR VEHICLE.—In this section, the term

7 ‘motor vehicle’ has the meaning provided for ‘commercial

8 motor vehicle’ in section 31301(4) of title 49, United

9 States Code, except that the term does not include any

10 vehicle operated exclusively on a rail or rails.’’;

11 (4) in the first sentence of subsection (e), by

12 striking ‘‘all vehicles’’ and inserting ‘‘all motor vehi13 cles’’; and

14 (5) by redesignating subsection (i) as subsection

15 (f).

16 (b) CONFORMING AMENDMENTS.—

17 (1) The analysis for chapter 1 of title 23, Unit18 ed States Code, is amended by striking the item re19 lating to section 154 and inserting the following:

‘‘154. National maximum speed limit for certain commercial motor vehicles.’’.

20 (2) Section 153(i)(2) of title 23, United States

21 Code, is amended to read as follows:

22 ‘‘(2) MOTOR VEHICLE.—The term ‘motor vehi23 cle’ means any vehicle driven or drawn by mechani24 cal power manufactured primarily for use on public
27

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1 highways, except any vehicle operated exclusively on

2 a rail or rails.’’.

3 (3) Section 157(d) of title 23, United States

4 Code, is amended by striking ‘‘154(f) or’’.

5 (4) Section 410(i)(3) of title 23, United States

6 Code, is amended to read as follows:

7 ‘‘(3) MOTOR VEHICLE.—The term ‘motor vehi8 cle’ means any vehicle driven or drawn by mechani9 cal power manufactured primarily for use on public

10 highways, except any vehicle operated exclusively on

11 a rail or rails.’’.

12 SEC. 116. FEDERAL SHARE FOR BICYCLE TRANSPORTATION

13 FACILITIES AND PEDESTRIAN WALKWAYS.

14 Section 217(f) of title 23, United States Code, is

15 amended by striking ‘‘80 percent’’ and inserting ‘‘deter16 mined in accordance with section 120(b)’’.

17 SEC. 117. SUSPENSION OF MANAGEMENT SYSTEMS.

18 Section 303 of title 23, United States Code, is

19 amended—

20 (1) by striking subsection (c) and inserting the

21 following:

22 ‘‘(c) STATE ELECTION.—A State may, at the option

23 of the State, elect, at any time, not to implement, in whole

24 or in part, 1 or more of the management systems required

25 under this section. The Secretary may not impose any
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1 sanction on, or withhold any benefit from, a State on the

2 basis of such an election.’’; and

3 (2) in subsection (f)—

4 (A) by striking ‘‘(f) ANNUAL REPORT.—

5 Not’’ and inserting the following:

6 ‘‘(f) REPORTS.—

7 ‘‘(1) ANNUAL REPORTS.—Not’’; and

8 (B) by adding at the end the following:

9 ‘‘(2) REPORT ON IMPLEMENTATION.—Not later

10 than October 1, 1996, the Secretary, in consultation

11 with States, shall transmit to Congress a report on

12 the management systems required under this section

13 that makes recommendations as to whether, to what

14 extent, and how the management systems should be

15 implemented.’’.

16 SEC. 118. INTELLIGENT TRANSPORTATION SYSTEMS.

17 (a) IMPROVED COLLABORATION IN INTELLIGENT

18 TRANSPORTATION SYSTEMS RESEARCH AND DEVELOP19 MENT.—Section 6054 of the Intermodal Surface Trans20 portation Efficiency Act of 1991 (Public Law 102–240;

21 23 U.S.C. 307 note) is amended by adding at the end the

22 following:

23 ‘‘(e) COLLABORATIVE RESEARCH AND DEVELOP24 MENT.—In carrying out this part, the Secretary may carry
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1 out collaborative research and development in accordance

2 with section 307(a)(2) of title 23, United States Code.’’.

3 (b) TIME LIMIT FOR OBLIGATION OF FUNDS FOR IN4 TELLIGENT TRANSPORTATION SYSTEMS PROJECTS.—

5 Section 6058 of the Intermodal Surface Transportation

6 Efficiency Act of 1991 (Public Law 102–240; 23 U.S.C.

7 307 note) is amended by adding at the end the following:

8 ‘‘(f) OBLIGATION OF FUNDS.—

9 ‘‘(1) IN GENERAL.—Funds made available pur10 suant to subsections (a) and (b) after the date of en11 actment of this subsection, and other funds made

12 available after that date to carry out specific intel13 ligent transportation systems projects, shall be obli14 gated not later than the last day of the fiscal year

15 following the fiscal year with respect to which the

16 funds are made available.

17 ‘‘(2) REALLOCATION OF FUNDS.—If funds de18 scribed in paragraph (1) are not obligated by the

19 date described in the paragraph, the Secretary may

20 make the funds available to carry out any other ac21 tivity with respect to which funds may be made

22 available under subsection (a) or (b).’’.

23 (c) CONFORMING AMENDMENTS.—

24 (1) The table in section 1107(b) of the Inter25 modal Surface Transportation Efficiency Act of
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1 1991 (Public Law 102–240; 105 Stat. 2048) is

2 amended—

3 (A) in item 10, by striking ‘‘(IVHS)’’ and

4 inserting ‘‘(ITS)’’; and

5 (B) in item 29, by striking ‘‘intelligent/ve6 hicle highway systems’’ and inserting ‘‘intel7 ligent transportation systems’’.

8 (2) Section 6009(a)(6) of the Intermodal Sur9 face Transportation Efficiency Act of 1991 (Public

10 Law 102–240; 105 Stat. 2176) is amended by strik11 ing ‘‘intelligent vehicle highway systems’’ and insert12 ing ‘‘intelligent transportation systems’’.

13 (3) Part B of title VI of the Intermodal Surface

14 Transportation Efficiency Act of 1991 (Public Law

15 102–240; 23 U.S.C. 307 note) is amended—

16 (A) by striking the part heading and in17 serting the following:

18 ‘‘PART B—INTELLIGENT TRANSPORTATION

19 SYSTEMS’’;

20 (B) in section 6051, by striking ‘‘Intel21 ligent Vehicle-Highway Systems’’ and inserting

22 ‘‘Intelligent Transportation Systems’’;

23 (C) by striking ‘‘intelligent vehicle-highway

24 systems’’ each place it appears and inserting

25 ‘‘intelligent transportation systems’’;
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1 (D) in section 6054—

2 (i) in subsection (a)(2)(A), by striking

3 ‘‘intelligent vehicle-highway’’ and inserting

4 ‘‘intelligent transportation systems’’; and

5 (ii) in the subsection heading of sub6 section (b), by striking ‘‘INTELLIGENT VE7 HICLE-HIGHWAY SYSTEMS’’ and inserting

8 ‘‘INTELLIGENT TRANSPORTATION SYS9 TEMS’’;

10 (E) in the subsection heading of section

11 6056(a), by striking ‘‘IVHS’’ and inserting

12 ‘‘ITS’’;

13 (F) in the subsection heading of each of

14 subsections (a) and (b) of section 6058, by

15 striking ‘‘IVHS’’ and inserting ‘‘ITS’’; and

16 (G) in the paragraph heading of section

17 6059(1), by striking ‘‘IVHS’’ and inserting

18 ‘‘ITS’’.

19 (4) Section 310(c)(3) of the Department of

20 Transportation and Related Agencies Appropriations

21 Act, 1995 (Public Law 103–331; 23 U.S.C. 104

22 note), is amended by striking ‘‘intelligent vehicle

23 highway systems’’ and inserting ‘‘intelligent trans24 portation systems’’.
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1 (5) Section 109(a) of the Hazardous Materials

2 Transportation Authorization Act of 1994 (Public

3 Law 103–311; 23 U.S.C. 307 note) is amended—

4 (A) by striking ‘‘Intelligent Vehicle-High5 way Systems’’ each place it appears and insert6 ing ‘‘Intelligent Transportation Systems’’; and

7 (B) by striking ‘‘intelligent vehicle-highway

8 system’’ and inserting ‘‘intelligent transpor9 tation system’’.

10 (6) Section 5316(d) of title 49, United States

11 Code, is amended—

12 (A) in the subsection heading, by striking

13 ‘‘INTELLIGENT VEHICLE-HIGHWAY’’ and insert14 ing ‘‘INTELLIGENT TRANSPORTATION’’; and

15 (B) by striking ‘‘intelligent vehicle-high16 way’’ each place it appears and inserting ‘‘intel17 ligent transportation’’.

18 SEC. 119. DONATIONS OF FUNDS, MATERIALS, OR SERVICES

19 FOR FEDERALLY ASSISTED ACTIVITIES.

20 Section 323 of title 23, United States Code, is

21 amended—

22 (1) by redesignating subsection (c) as sub23 section (d); and

24 (2) by inserting after subsection (b) the follow25 ing:
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1 ‘‘(c) CREDIT FOR DONATIONS OF FUNDS, MATE2 RIALS, OR SERVICES.—Nothing in this title or any other

3 law shall prevent a person from offering to donate funds,

4 materials, or services in connection with an activity eligible

5 for Federal assistance under this title. In the case of such

6 an activity with respect to which the Federal Government

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

8 or the fair market value of any donated materials or serv9 ices, that are accepted and incorporated into the activity

10 by the State highway agency shall be credited against the

11 State share.’’.

12 SEC. 120. METRIC CONVERSION OF TRAFFIC CONTROL

13 SIGNS.

14 (a) Notwithstanding section 3(2) of the Metric Con15 version Act of 1975 (15 U.S.C. 205b(2)) or any other law,

16 no State shall be required to—

17 (1) erect any highway sign that establishes any

18 speed limit, distance, or other measurement using

19 the metric system; or

20 (2) modify any highway sign that establishes

21 any speed limit, distance, or other measurement so

22 that the sign uses the metric system.

23 (b) Upon receipt of a written notification by a State,

24 referring to its right to provide notification under this sub25 section, the Secretary of Transportation shall waive, with
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1 respect to such State, any requirement that such State

2 use or plan to use the metric system with respect to de3 signing, preparing plans, specifications and estimates, ad4 vertising, or taking any other action with respect to Fed5 eral-aid highway projects or activities utilizing funds au6 thorized pursuant to title 23, United States Code. Such

7 waiver shall remain effective for the State until the State

8 notifies the Secretary to the contrary: Provided, That a

9 waiver granted by the Secretary will be in effect until Sep10 tember 30, 2000.

11 SEC. 121. IDENTIFICATION OF HIGH PRIORITY CORRIDORS.

12 Section 1105(c) of the Intermodal Surface Transpor13 tation Efficiency Act of 1991 (Pub. L. 102–240; 105 Stat.

14 2032) is amended—

15 (1) by striking paragraph (5) and inserting the

16 following:

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

18 Charleston, South Carolina, through Winston-Salem,

19 North Carolina, to Portsmouth, Ohio, to Cincinnati,

20 Ohio, to termini at Detroit, Michigan and Sault Ste.

21 Marie, Michigan.

22 ‘‘(B)(i) In the Commonwealth of Virginia, the

23 Corridor shall generally follow—
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1 ‘‘(I) United States Route 220 from the

2 Virginia-North Carolina border to I–581 south

3 of Roanoke;

4 ‘‘(II) I–581 to I–81 in the vicinity of Roa5 noke;

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

7 demonstrate intelligent transportation systems

8 authorized by item 29 of the table in section

9 1107(b) in the vicinity of Christiansburg to

10 United States Route 460 in the vicinity of

11 Blacksburg; and

12 ‘‘(IV) United States Route 460 to the

13 West Virginia State line.

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

15 and Ohio, the Corridor shall generally follow—

16 ‘‘(I) United States Route 460 from the

17 West Virginia State line to United States Route

18 52 at Bluefield, West Virginia; and

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

20 States Route 23 at Portsmouth, Ohio.

21 ‘‘(iii) In the States of North Carolina and

22 South Carolina, the Corridor shall generally follow—

23 ‘‘(I) in the case of I–73—
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1 ‘‘(aa) United States Route 220 from

2 the Virginia State line to State Route 68

3 in the vicinity of Greensboro;

4 ‘‘(bb) State Route 68 to I–40;

5 ‘‘(cc) I–40 to United States Route

6 220 in Greensboro;

7 ‘‘(dd) United States Route 220 to

8 United States Route 1 near Rockingham;

9 ‘‘(ee) United States Route 1 to the

10 South Carolina State line; and

11 ‘‘(ff) South Carolina State line to

12 Charleston, South Carolina; and

13 ‘‘(II) in the case of I–74—

14 ‘‘(aa) I–77 from Bluefield, West Vir15 ginia, to the junction of I–77 and the

16 United States Route 52 connector in Surry

17 County, North Carolina;

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

19 52 connector to United States Route 52

20 south of Mount Airy, North Carolina;

21 ‘‘(cc) United States Route 52 to Unit22 ed States Route 311 in Winston-Salem,

23 North Carolina;
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1 ‘‘(dd) United States Route 311 to

2 United States Route 220 in the vicinity of

3 Randleman, North Carolina.

4 ‘‘(ee) United States Route 220 to

5 United States Route 74 near Rockingham;

6 ‘‘(ff) United States Route 74 to Unit7 ed States Route 76 near Whiteville;

8 ‘‘(gg) United States Route 74/76 to

9 the South Carolina State line in Brunswick

10 County; and

11 ‘‘(hh) South Carolina State line to

12 Charleston, South Carolina.

13 ‘‘(iv) Each route segment referred to in clause

14 (i), (ii), or (iii) that is not a part of the Interstate

15 System shall be designated as a route included in

16 the Interstate System, at such time as the Secretary

17 determines that the route segment—

18 ‘‘(I) meets Interstate System design stand19 ards approved by the Secretary under section

20 109(b) of title 23, United States Code; and

21 ‘‘(II) meets the criteria for designation

22 pursuant to section 139 of title 23, United

23 States Code, except that the determination shall

24 be made without regard to whether the route
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1 segment is a logical addition or connection to

2 the Interstate System.’’;

3 (2) in paragraph (18)—

4 (A) by striking ‘‘and’’; and

5 (B) by inserting before the period at the

6 end the following: ‘‘, and to the Lower Rio

7 Grande Valley at the border between the United

8 States and Mexico’’; and

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

10 ‘‘(22) The Alameda Transportation Corridor

11 along Alameda Street from the entrance to the ports

12 of Los Angeles and Long Beach to Interstate 10,

13 Los Angeles, California.

14 ‘‘(23) The Interstate Route 35 Corridor from

15 Laredo, Texas, through Oklahoma City, Oklahoma,

16 to Wichita, Kansas, to Kansas City, Kansas/Mis17 souri, to Des Moines, Iowa, to Minneapolis, Min18 nesota, to Duluth, Minnesota.

19 ‘‘(24) The Dalton Highway from Deadhorse,

20 Alaska to Fairbanks, Alaska.

21 ‘‘(25) State Route 168 (South Battlefield Bou22 levard), Virginia, from the Great Bridge Bypass to

23 the North Carolina State line.’’.
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1 SEC. 122. REVISION OF AUTHORITY FOR INNOVATIVE

2 PROJECT IN FLORIDA.

3 Item 196 of the table in section 1107(b) of the Inter4 modal Surface Transportation Efficiency Act of 1991

5 (Public Law 102–240; 105 Stat. 2058) is amended—

6 (1) by striking ‘‘Orlando,’’; and

7 (2) by striking ‘‘Land & right-of-way acquisi8 tion & guideway construction for magnetic limitation

9 project’’ and inserting ‘‘1 or more regionally signifi10 cant, intercity ground transportation projects’’.

11 SEC. 123. REVISION OF AUTHORITY FOR PRIORITY INTER12 MODAL PROJECT IN CALIFORNIA.

13 Item 31 of the table in section 1108(b) of the Inter14 modal Surface Transportation Efficiency Act of 1991

15 (Public Law 102–240; 105 Stat. 2062) is amended by

16 striking ‘‘To improve ground access from Sepulveda Blvd.

17 to Los Angeles, California’’ and inserting the following:

18 ‘‘For the Los Angeles International Airport central termi19 nal ramp access project, $3,500,000; for the widening of

20 Aviation Boulevard south of Imperial Highway,

21 $3,500,000; for the widening of Aviation Boulevard north

22 of Imperial Highway, $1,000,000; and for transportation

23 systems management improvements in the vicinity of the

24 Sepulveda Boulevard/Los Angeles International Airport

25 tunnel, $950,000’’.
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1 SEC. 124. NATIONAL RECREATIONAL TRAILS FUNDING PRO2 GRAM.

3 (a) CONTRACT AUTHORITY.—Section 1302 of the

4 Intermodal Surface Transportation Efficiency Act of 1991

5 (16 U.S.C. 1261) is amended—

6 (1) by redesignating subsection (g) as sub7 section (i); and

8 (2) by inserting after subsection (f) the follow9 ing:

10 ‘‘(g) CONTRACT AUTHORITY.—Funds authorized to

11 be appropriated under this section shall be available for

12 obligation in the manner as if the funds were apportioned

13 under title 23, United States Code, except that the Fed14 eral share of any project under this section shall be deter15 mined in accordance with this section.

16 ‘‘(h) FEDERAL SHARE.—The Federal share of the

17 cost of a project under this section shall be 50 percent.’’.

18 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

19 (1) IN GENERAL.—Section 1302 of the Inter20 modal Surface Transportation Efficiency Act of

21 1991 (16 U.S.C. 1261) is amended—

22 (A) by striking subsection (c) and inserting

23 the following:

24 ‘‘(c) STATE ELIGIBILITY.—A State shall be eligible

25 to receive moneys under this part if—
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1 ‘‘(1) the Governor of the State has designated

2 the State agency responsible for administering allo3 cations under this section;

4 ‘‘(2) the State proposes to obligate and ulti5 mately obligates any allocations received in accord6 ance with subsection (e); and

7 ‘‘(3) a recreational trail advisory board on

8 which both motorized and nonmotorized recreational

9 trail users are represented exists in the State.’’;

10 (B) in subsection (d), by striking para11 graph (3);

12 (C) in subsection (e)—

13 (i) in paragraphs (3)(A), (5)(B), and

14 (8)(B), by striking ‘‘(c)(2)(A) of this sec15 tion’’ and inserting ‘‘(c)(3)’’; and

16 (ii) in paragraph (5)(A)(i), by striking

17 ‘‘(g)(5)’’ and inserting ‘‘(i)(5)’’; and

18 (D) in subsection (i) (as redesignated by

19 subsection (a)(1)), by striking paragraph (1)

20 and inserting the following:

21 ‘‘(1) ELIGIBLE STATE.—The term ‘eligible

22 State’ means a State (as defined in section 101 of

23 title 23, United States Code) that meets the require24 ments of subsection (c).’’.
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1 (2) Section 104 of title 23, United States Code,

2 is amended—

3 (A) by redesignating subsection (h) as sub4 section (i); and

5 (B) by inserting after subsection (g) the

6 following:

7 ‘‘(h) NATIONAL RECREATIONAL TRAILS FUNDING.—

8 The Secretary shall expend, from administrative funds de9 ducted under subsection (a), to carry out section 1302 of

10 the Intermodal Surface Transportation Efficiency Act of

11 1991 (16 U.S.C. 1261) $15,000,000 for each of fiscal

12 years 1996 and 1997.’’.

13 SEC. 125. INTERMODAL FACILITY IN NEW YORK.

14 (a) IN GENERAL.—The Secretary of Transportation

15 shall make grants to the National Railroad Passenger Cor16 poration for—

17 (1) engineering, design, and construction activi18 ties to permit the James A. Farley Post Office in

19 New York, New York, to be used as an intermodal

20 transportation facility and commercial center; and

21 (2) necessary improvements to and redevelop22 ment of Pennsylvania Station and associated service

23 buildings in New York, New York.

24 (b) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated to carry out this section
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1 a total of $69,500,000 for fiscal years following fiscal year

2 1995, to remain available until expended.

3 SEC. 126. CLARIFICATION OF ELIGIBILITY.

4 The improvements to, or adjacent to, the main line

5 of the National Railroad Passenger Corporation between

6 milepost 190.23 at Central Falls, Rhode Island, and mile7 post 168.53 at Davisville, Rhode Island, that are nec8 essary to support the rail movement of freight shall be

9 eligible for funding under sections 103(e)(4), 104(b), and

10 144 of title 23, United States Code.

11 SEC. 127. BRISTOL, RHODE ISLAND, STREET MARKING.

12 Notwithstanding any other law, a red, white, and blue

13 center line in the Main Street of Bristol, Rhode Island,

14 shall be deemed to comply with the requirements of section

15 3B–1 of the Manual on Uniform Traffic Control Devices

16 of the Department of Transportation.

17 SEC. 128. PUBLIC USE OF REST AREAS.

18 Notwithstanding section 111 of title 23, United

19 States Code, or any project agreement under the section,

20 the Secretary of Transportation shall permit the conver21 sion of any safety rest area adjacent to Interstate Route

22 95 within the State of Rhode Island that was closed as

23 of May 1, 1995, to use as a motor vehicle emissions testing

24 facility. At the option of the State, vehicles shall be per-
44

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1 mitted to gain access to and from any such testing facility

2 directly from Interstate Route 95.

3 SEC. 129. COLLECTION OF TOLLS TO FINANCE CERTAIN EN4 VIRONMENTAL PROJECTS IN FLORIDA.

5 Notwithstanding section 129(a) of title 23, United

6 States Code, on request of the Governor of the State of

7 Florida, the Secretary of Transportation shall modify the

8 agreement entered into with the transportation depart9 ment of the State and described in section 129(a)(3) of

10 the title to permit the collection of tolls to liquidate such

11 indebtedness as may be incurred to finance any cost asso12 ciated with a feature of an environmental project that is

13 carried out under State law and approved by the Secretary

14 of the Interior.

15 SEC. 130. HOURS OF SERVICE OF DRIVERS OF GROUND

16 WATER WELL DRILLING RIGS.

17 (a) DEFINITIONS.—In this section:

18 (1) 8 CONSECUTIVE DAYS.—The term ‘‘8 con19 secutive days’’ means the period of 8 consecutive

20 days beginning on any day at the time designated by

21 the motor carrier for a 24-hour period.

22 (2) 24-HOUR PERIOD.—The term ‘‘24-hour pe23 riod’’ means any 24-consecutive-hour period begin24 ning at the time designated by the motor carrier for
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1 the terminal from which the driver is normally dis2 patched.

3 (3) GROUND WATER WELL DRILLING RIG.—The

4 term ‘‘ground water well drilling rig’’ means any ve5 hicle, machine, tractor, trailer, semi-trailer, or spe6 cialized mobile equipment propelled or drawn by me7 chanical power and used on highways to transport

8 water well field operating equipment, including

9 water well drilling and pump service rigs equipped to

10 access ground water.

11 (b) GENERAL RULE.—In the case of a driver of a

12 commercial motor vehicle subject to regulations prescribed

13 by the Secretary of Transportation under sections 31136

14 and 31502 of title 49, United States Code, who is used

15 primarily in the transportation and operation of a ground

16 water well drilling rig, for the purpose of the regulations,

17 any period of 8 consecutive days may end with the begin18 ning of an off-duty period of 24 or more consecutive hours.

19 (c) REPORT.—The Secretary of Transportation shall

20 monitor the commercial motor vehicle safety performance

21 of drivers of ground water well drilling rigs. If the Sec22 retary determines that public safety has been adversely af23 fected by the general rule established by subsection (b),

24 the Secretary shall report to Congress on the determina25 tion.
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1 SEC. 131. RURAL ACCESS PROJECTS.

2 Item 111 of the table in section 1106(a)(2) of the

3 Intermodal Surface Transportation Efficiency Act of 1991

4 (Public Law 102–240; 105 Stat. 2042) is amended—

5 (1) by striking ‘‘Parker County’’ and inserting

6 ‘‘Parker and Tarrant Counties’’; and

7 (2) by striking ‘‘to four-lane’’ and inserting ‘‘in

8 Tarrant County to freeway standards and in Parker

9 County to a 4-lane’’.

10 SEC. 132. INCLUSION OF HIGH PRIORITY CORRIDORS.

11 Section 1105(d) of the Intermodal Surface Transpor12 tation Efficiency Act of 1991 (Pub. L. 102–240; 105 Stat.

13 2033) is amended by adding at the end the following:

14 ‘‘The Secretary of Transportation shall include High Pri15 ority Corridor 18 as identified in section 1105(c) of this

16 Act, as amended, on the approved National Highway Sys17 tem after completion of the feasibility study by the States

18 as provided by such Act.’’.

19 SEC. 133. SENSE OF THE SENATE REGARDING THE FED20 ERAL–STATE FUNDING RELATIONSHIP FOR

21 TRANSPORTATION.

22 (a) FINDINGS.—

23 (1) The designation of high priority roads

24 through the National Highway System is required by

25 the Intermodal Surface Transportation Efficiency

26 Act (ISTEA) and will ensure the continuation of
47

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1 funding which would otherwise be withheld from the

2 States.

3 (2) The Budget Resolution supported the re4 evaluation of all Federal programs to determine

5 which programs are more appropriately a respon6 sibility of the States.

7 (3) Debate on the appropriate role of the Fed8 eral Government in transportation will occur in the

9 re-authorization of ISTEA.

10 (b) SENSE OF SENATE.—Therefore, it is the sense

11 of the Senate that the designation of the NHS does not

12 assume the continuation or the elimination of the current

13 Federal-State relationship nor preclude a re-evaluation of

14 the Federal-State relationship in transportation.

15 SEC. 134. QUALITY THROUGH COMPETITION.

16 (a) CONTRACTING FOR ENGINEERING AND DESIGN

17 SERVICES.—Section 112(b)(2) of title 23, United States

18 Code, is amended by adding at the end the following new

19 subparagraphs:

20 ‘‘(C) PERFORMANCE AND AUDITS.—Any

21 contract or subcontract awarded in accordance

22 with subparagraph (A), whether funded in

23 whole or in part with Federal-aid highway

24 funds, shall be performed and audited in com25 pliance with cost principles contained in the
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1 Federal acquisition regulations of part 31 of

2 title 48 of the Code of Federal Regulations.

3 ‘‘(D) INDIRECT COST RATES.—In lieu of

4 performing its own audits, a recipient of funds

5 under a contract or subcontract awarded in ac6 cordance with subparagraph (A) shall accept in7 direct cost rates established in accordance with

8 the Federal acquisition regulations for 1-year

9 applicable accounting periods by a cognizant

10 Federal or State government agency, if such

11 rates are not currently under dispute. Once a

12 firm’s indirect cost rates are accepted, the re13 cipient of such funds shall apply such rates for

14 the purposes of contract estimation, negotia15 tion, administration, reporting, and contract

16 payment and shall not be limited by administra17 tive or de facto ceilings of any kind. A recipient

18 of such funds requesting or using the cost and

19 rate data described in this subparagraph shall

20 notify any affected firm before such request or

21 use. Such data shall be confidential and shall

22 not be accessible or provided, in whole or in

23 part, to another firm or to any government

24 agency which is not part of the group of agen25 cies sharing cost data under this subparagraph,
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1 except by written permission of the audited

2 firm. If prohibited by law, such cost and rate

3 data shall not be disclosed under any cir4 cumstances.

5 ‘‘(E) EFFECTIVE DATE/STATE OPTION.—

6 Subparagraphs (C) and (D) shall take effect

7 upon the date of enactment of this Act: Pro8 vided however, That if a State, during the first

9 regular session of the State legislature conven10 ing after the date of enactment of this Act,

11 adopts by statute an alternative process in12 tended to promote engineering and design qual13 ity, reduce life-cycle costs, and ensure maximum

14 competition by professional companies of all

15 sizes providing engineering and design services.

16 Such subparagraphs shall not apply in that

17 State.’’.

18 SEC. 135. FEDERAL SHARE FOR ECONOMIC GROWTH CEN19 TER DEVELOPMENT HIGHWAYS.

20 Section 1021(c) of the Intermodal Surface Transpor21 tation Efficiency Act of 1991 (Public Law 102–240) (as

22 amended by section 417 of the Department of Transpor23 tation and Related Agencies Appropriations Act, 1993

24 (Public Law 102–388; 106 Stat. 1565)) is amended—
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1 (1) in paragraph (2), by striking ‘‘and’’ at the

2 end and inserting ‘‘or’’; and

3 (2) in paragraph (3), by striking ‘‘section 143

4 of title 23’’ and inserting ‘‘a project for the con5 struction, reconstruction, or improvement of a devel6 opment highway on a Federal-aid system, as de7 scribed in section 103 of such title (as in effect on

8 the day before the date of enactment of this Act)

9 (other than the Interstate System), under section

10 143 of such title’’.

11 SEC. 136. VEHICLE WEIGHT AND LONGER COMBINATION

12 VEHICLES EXEMPTION FOR SIOUX CITY,

13 IOWA.

14 (a) VEHICLE WEIGHT LIMITATIONS.—The proviso in

15 the second sentence of section 127(a) of title 23, United

16 States Code, is amended by striking ‘‘except for those’’

17 and inserting the following: ‘‘except for vehicles using

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

19 between Iowa and South Dakota and vehicles using Inter20 state Route 129 between Sioux City, Iowa, and the border

21 between Iowa and Nebraska, and except for’’.

22 (b) LONGER COMBINATION VEHICLES.—Section

23 127(d)(1) of title 23, United States Code, is amended by

24 adding at the end the following:
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1 ‘‘(F) IOWA.—In addition to vehicles that

2 the State of Iowa may continue to allow to be

3 operated under subparagraph (A), the State of

4 Iowa may allow longer combination vehicles

5 that were not in actual operation on June 1,

6 1991, to be operated on Interstate Route 29 be7 tween Sioux City, Iowa, and the border between

8 Iowa and South Dakota and Interstate 129 be9 tween Sioux City, Iowa, and the border between

10 Iowa and Nebraska.’’.

11 SEC. 137. REVISION OF AUTHORITY FOR CONGESTION RE12 LIEF PROJECT IN CALIFORNIA.

13 Item 1 of the table in section 1104(b) of the Inter14 modal Surface Transportation Efficiency Act of 1991

15 (Public Law 102–240; 105 Stat. 2029) is amended by

16 striking ‘‘Construction of HOV Lanes on I–710’’ and in17 serting ‘‘Construction of automobile and truck separation

18 lanes at the southern terminus of I–710’’.

19 SEC. 138. APPLICABILITY OF CERTAIN VEHICLE WEIGHT

20 LIMITATIONS IN WISCONSIN.

21 Section 127 of title 23, United States Code, is

22 amended by adding at the end the following:

23 ‘‘(f) OPERATION OF CERTAIN SPECIALIZED HAULING

24 VEHICLES ON CERTAIN WISCONSIN HIGHWAYS.—If the

25 104-mile portion of Wisconsin State Route 78 and United
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1 States Route 51 between Interstate Route 94 near Por2 tage, Wisconsin, and Wisconsin State Route 29 south of

3 Wausau, Wisconsin, is designated as part of the Interstate

4 System under section 139(a), the single axle weight, tan5 dem axle weight, gross vehicle weight, and bridge formula

6 limits set forth in subsection (a) shall not apply to the

7 104-mile portion with respect to the operation of any vehi8 cle that could legally operate on the 104-mile portion be9 fore the date of enactment of this subsection.’’.

10 SEC. 139. PROHIBITION ON NEW HIGHWAY DEMONSTRA11 TION PROJECTS.

12 (a) IN GENERAL.—Notwithstanding any other law,

13 neither the Secretary of Transportation nor any other offi14 cer or employee of the United States may make funds

15 available for obligation to carry out any demonstration

16 project described in subsection (b) that has not been au17 thorized, or for which no funds have been made available,

18 as of the date of enactment of this Act.

19 (b) PROJECTS.—Subsection (a) applies to a dem20 onstration project or program that the Secretary of Trans21 portation determines—

22 (1)(A) concerns a State-specific highway project

23 or research or development in a specific State; or

24 (B) is otherwise comparable to a demonstration

25 project or project of national significance authorized
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1 under any of sections 1103 through 1108 of the

2 Intermodal Surface Transportation Efficiency Act of

3 1991 (Public Law 102–240; 105 Stat. 2027); and

4 (2) does not concern a federally owned highway.

5 SEC. 140. TREATMENT OF CENTENNIAL BRIDGE, ROCK IS6 LAND, ILLINOIS, AGREEMENT.

7 For purposes of section 129(a)(6) of title 23, United

8 States Code, the agreement concerning the Centennial

9 Bridge, Rock Island, Illinois, entered into under the Act

10 entitled ‘‘An Act authorizing the city of Rock Island, Illi11 nois, or its assigns, to construct, maintain, and operate

12 a toll bridge across the Mississippi River at or near Rock

13 Island, Illinois, and to a place at or near the city of Dav14 enport, Iowa’’, approved March 18, 1938 (52 Stat. 110,

15 chapter 48), shall be treated as if the agreement had been

16 entered into under section 129 of title 23, United States

17 Code, as in effect on December 17, 1991, and may be

18 modified in accordance with section 129(a)(6) of the title.

19 SEC. 141. MORATORIUM ON CERTAIN EMISSIONS TESTING

20 REQUIREMENTS.

21 (a) MORATORIUM.—

22 (1) IN GENERAL.—The Administrator of the

23 Environmental Protection Agency (referred to in

24 this subsection as the ‘‘Administrator’’) shall not re25 quire adoption or implementation by a State of a
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1 test-only or I/M240 enhanced vehicle inspection and

2 maintenance program as a means of compliance with

3 section 182 of the Clean Air Act (42 U.S.C. 7511a),

4 but the Administrator may approve such a program

5 if a State chooses to adopt the program as a means

6 of compliance.

7 (2) REPEAL.—Paragraph (1) is repealed effec8 tive as of the date that is 1 year after the date of

9 enactment of this Act.

10 (b) PLAN APPROVAL.—

11 (1) IN GENERAL.—The Administrator of the

12 Environmental Protection Agency (referred to in

13 this subsection as the ‘‘Administrator’’) shall not

14 disapprove a State implementation plan revision

15 under section 182 of the Clean Air Act (42 U.S.C.

16 7511a) on the basis of a regulation providing for a

17 50-percent discount for alternative test-and-repair

18 inspection and maintenance programs.

19 (2) CREDIT.—If a State provides data for a

20 proposed inspection and maintenance system for

21 which credits are appropriate under section 182 of

22 the Clean Air Act (42 U.S.C. 7511a), the Adminis23 trator shall allow the full amount of credit for the

24 system that is appropriate without regard to any
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1 regulation that implements that section by requiring

2 centralized emissions testing.

3 (3) DEADLINE.—The Administrator shall com4 plete and present a technical assessment of data for

5 a proposed inspection and maintenance system sub6 mitted by a State not later than 45 days after the

7 date of submission.

8 SEC. 142. ELIMINATION OF PENALTIES FOR NONCOMPLI9 ANCE WITH MOTORCYCLE HELMET USE RE10 QUIREMENT.

11 Section 153(h) of title 23, United States Code, is

12 amended by striking ‘‘a law described in subsection (a)(1)

13 and’’ each place it appears.

14 SEC. 143. CLARIFICATION OF ELIGIBILITY.

15 The improvements to the former Pocono Northeast

16 Railway Company freight rail line by the Luzerne County

17 Redevelopment Authority that are necessary to support

18 the rail movement of freight, shall be eligible for funding

19 under sections 130, 144, and 149 of title 23, United

20 States Code.

21 SEC. 144. TOLL ROADS, BRIDGES, TUNNELS, NON-TOLL

22 ROADS THAT HAVE A DEDICATED REVENUE

23 SOURCE, AND FERRIES.

24 Section 129 of title 23, United States Code, is

25 amended—
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1 (1) by revising the title to read as follows:

2 ‘‘§ 129. Toll roads, bridges, tunnels, non-toll roads

3 that have a dedicated revenue source,

4 and ferries’’; and

5 (2) by revising paragraph 129(a)(7) to read as

6 follows:

7 ‘‘(7) LOANS.—

8 ‘‘(A) IN GENERAL.—A State may loan an

9 amount equal to all or part of the Federal share

10 of a toll project or a non-toll project that has

11 a dedicated revenue source, specifically dedi12 cated to such project or projects under this sec13 tion, to a public entity constructing or propos14 ing to construct a toll facility or non-toll facility

15 with a dedicated revenue source. Dedicated rev16 enue sources for non-toll facilities include: ex17 cise taxes, sales taxes, motor vehicle use fees,

18 tax on real property, tax increment financing,

19 or such other dedicated revenue source as the

20 Secretary deems appropriate.’’.

21 SEC. 145. TRANSFER OF FUNDS BETWEEN CERTAIN DEM22 ONSTRATION PROJECTS IN LOUISIANA.

23 Notwithstanding any other law, the funds available

24 for obligation to carry out the project in West Calcasieu

25 Parish, Louisiana, authorized by section 149(a)(87) of the
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1 Surface Transportation and Uniform Relocation Assist2 ance Act of 1987 (Public Law 100–17; 101 Stat. 194)

3 shall be made available for obligation to carry out the

4 project for Lake Charles, Louisiana, authorized by item

5 17 of the table in section 1106(a)(2) of the Intermodal

6 Surface Transportation Efficiency Act of 1991 (Public

7 Law 102–240; 105 Stat. 2038).

8 SEC. 146. NORTHWEST ARKANSAS REGIONAL AIRPORT

9 CONNECTOR.

10 Notwithstanding any other provision of law, the Fed11 eral share for the intermodal connecter to the Northwest

12 Arkansas Regional Airport from U.S. Highway 71 in Ar13 kansas shall be 95 percent.

14 SEC. 147. INTERCITY RAIL INFRASTRUCTURE INVESTMENT.

15 (a) INTERSTATE RAIL COMPACTS.—

16 (1) CONSENT TO COMPACTS.—Congress grants

17 consent to States with an interest in a specific form,

18 route, or corridor of intercity passenger rail service

19 (including high speed rail service) to enter into

20 interstate compacts to promote the provision of the

21 service, including—

22 (A) retaining an existing service or com23 mencing a new service;

24 (B) assembling rights-of-way; and
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1 (C) performing capital improvements, in2 cluding—

3 (i) the construction and rehabilitation

4 of maintenance facilities;

5 (ii) the purchase of locomotives; and

6 (iii) operational improvements, includ7 ing communications, signals, and other

8 systems.

9 (2) FINANCING.—An interstate compact estab10 lished by States under paragraph (1) may provide

11 that, in order to carry out the compact, the States

12 may—

13 (A) accept contributions from a unit of

14 State or local government or a person;

15 (B) use any Federal or State funds made

16 available for intercity passenger rail service (ex17 cept funds made available for the National Rail18 road Passenger Corporation);

19 (C) on such terms and conditions as the

20 States consider advisable—

21 (i) borrow money on a short-term

22 basis and issue notes for the borrowing;

23 and

24 (ii) issue bonds; and
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1 (D) obtain financing by other means per2 mitted under Federal or State law.

3 (b) ELIGIBILITY OF PASSENGER RAIL AS SURFACE

4 TRANSPORTATION PROGRAM PROJECT.—Section 133(b)

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

6 (1) in paragraph (1), by inserting ‘‘, railroads,’’

7 after ‘‘highways)’’;

8 (2) in paragraph (2)—

9 (A) by inserting ‘‘, all eligible activities

10 under section 5311 of title 49, United States

11 Code,’’ before ‘‘and publicly owned’’;

12 (B) by inserting ‘‘or rail passenger’’ after

13 ‘‘intercity bus’’; and

14 (C) by inserting before the period at the

15 end the following: ‘‘, including terminals and fa16 cilities owned by the National Railroad Pas17 senger Corporation’’; and

18 (3) in paragraph (6), by inserting ‘‘, and for

19 passenger rail services,’’ after ‘‘programs’’.

20 (c) ELIGIBILITY OF PASSENGER RAIL UNDER CON21 GESTION MITIGATION AND AIR QUALITY IMPROVEMENT

22 PROGRAM.—The first sentence of section 149(b) of title

23 23, United States Code, is amended—

24 (1) in paragraph (2), by striking ‘‘or’’ at the

25 end;
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1 (2) in paragraph (3), by striking the period at

2 the end and inserting ‘‘; or’’; and

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

4 ‘‘(4) if the project or program will have air

5 quality benefits through construction of and oper6 ational improvements for intercity passenger rail fa7 cilities, operation of intercity passenger rail trains,

8 and acquisition of rolling stock for intercity pas9 senger rail service, except that not more than 50

10 percent of the amount received by a State for a fis11 cal year under this paragraph may be obligated for

12 operating support.’’.

13 SEC. 148. OPERATION OF MOTOR VEHICLES BY INTOXI14 CATED MINORS.

15 Section 158(a) of title 23, United States Code, is

16 amended—

17 (1) by striking paragraph (1) and inserting the

18 following:

19 ‘‘(1) OPERATION OF MOTOR VEHICLES BY IN20 TOXICATED MINORS.—

21 ‘‘(A) FISCAL YEAR 1998.—If the condition

22 described in subparagraph (C) exists in a State

23 as of October 1, 1998, the Secretary shall with24 hold, on October 1, 1998, 5 percent of the

25 amount required to be apportioned to the State
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1 under each of paragraphs (1), (2), (5), and (6)

2 of section 104(b) for fiscal year 1998.

3 ‘‘(B) FISCAL YEARS THEREAFTER.—If the

4 condition described in subparagraph (C) exists

5 in a State as of October 1, 1999, or any Octo6 ber 1 thereafter, the Secretary shall withhold,

7 on that October 1, 10 percent of the amount re8 quired to be apportioned to the State under

9 each of paragraphs (1), (2), (5), and (6) of sec10 tion 104(b) for the fiscal year beginning on that

11 October 1.

12 ‘‘(C) CONDITION.—The condition referred

13 to in subparagraphs (A) and (B) is that an in14 dividual under the age of 21 who has a blood

15 alcohol concentration of 0.02 percent or greater

16 when operating a motor vehicle in the State is

17 not considered to be driving while intoxicated or

18 driving under the influence of alcohol.’’; and

19 (2) in paragraph (2), by striking ‘‘AFTER THE

20 FIRST YEAR’’ and inserting ‘‘PURCHASE AND POS21 SESSION OF ALCOHOLIC BEVERAGES BY MINORS’’.

22 SEC. 149. CONTINGENT COMMITMENTS.

23 At the end of section 5309(g)(4) of title 49, United

24 States Code, add the following new sentence: ‘‘The Sec25 retary may enter future obligations in excess of 50 percent
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1 of said uncommitted cash balance for the purpose of con2 tingent commitments for projects authorized under section

3 3032 of Public Law 102–240.’’.

4 SEC. 150. AVAILABILITY OF CERTAIN FUNDS FOR BOSTON5 TO-PORTLAND RAIL CORRIDOR.

6 Section 5309 of title 49, United States Code, is

7 amended by adding at the end the following new sub8 section:

9 ‘‘(p) BOSTON-TO-PORTLAND RAIL CORRIDOR.—Not10 withstanding any other provision of law, up to $3,600,000

11 of the funds made available under this section for the rail

12 corridor between Boston, Massachusetts and Portland,

13 Maine may be used to pay for operating costs arising in

14 connection with such rail corridor under section

15 5333(b).’’.

16 SEC. 151. REVISION OF AUTHORITY OF MULTIYEAR CON17 TRACTS.

18 Section 3035(ww) of the Intermodal Surface Trans19 portation Efficiency Act of 1991 (Public Law 102–240;

20 105 Stat. 2136) is amended by adding at the end the fol21 lowing: ‘‘Of the funds provided by this subsection,

22 $100,000,000 is authorized to be appropriated for region23 ally significant ground transportation projects in the State

24 of Hawaii.’’.
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1 SEC. 152. FEASIBILITY STUDY OF EVACUATION ROUTES

2 FOR LOUISIANA COASTAL AREAS.

3 Notwithstanding any other provisions of law, section

4 1105(e)(2) of Public Law 102–240 is amended by adding

5 at the end the following new sentence: ‘‘A feasibility study

6 may be conducted under this subsection to identify routes

7 that will expedite future emergency evacuations of coastal

8 areas of Louisiana.’’.

9 SEC. 153. 34TH STREET CORRIDOR PROJECT IN MOOR10 HEAD, MINNESOTA.

11 Section 149(a)(5)(A) of the Surface Transportation

12 and Uniform Relocation Assistance Act of 1987 (Public

13 Law 100–17; 101 Stat. 181) is amended—

14 (1) in clause (i), by striking ‘‘and’’ at the end;

15 and

16 (2) by inserting ‘‘and (iii) a safety overpass,’’

17 after ‘‘interchange,’’.

18 SEC. 154. SAFETY BELT USE LAW REQUIREMENTS FOR NEW

19 HAMPSHIRE AND MAINE.

20 The State of New Hampshire and the State of Maine

21 shall be deemed as having met the safety belt use law re22 quirements of section 153 of title 23, United States Code,

23 upon certification by the Secretary of Transportation that

24 the State has achieved—
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1 (1) a safety belt use rate in each of fiscal years

2 ending September 30, 1995 and September 30,

3 1996, of not less than 50 percent; and

4 (2) a safety belt use rate in each succeeding fis5 cal year thereafter of not less than the national aver6 age safety belt use rate, as determined by the Sec7 retary of Transportation.

8 SEC. 155. REPORT ON ACCELERATED VEHICLE RETIRE9 MENT PROGRAMS.

10 Not later than 180 days after the date of enactment

11 of this Act, the Administrator of the Environmental Pro12 tection Agency shall transmit to Congress a report evalu13 ating the effectiveness of all accelerated vehicle retirement

14 programs described in section 108(f)(1)(A)(xvi) of the

15 Clean Air Act (42 U.S.C. 7408(f)(1)(A)(xvi)) in existence

16 on the date of enactment of this Act. The report shall

17 evaluate—

18 (1) the certainties of emissions reductions

19 gained from each program;

20 (2) the variability of emissions of retired vehi21 cles;

22 (3) the reduction in the number of vehicle miles

23 traveled by the vehicles retired as a result of each

24 program;
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1 (4) the subsequent actions of vehicle owners

2 participating in each program concerning the pur3 chase of a new or used vehicle or the use of such

4 a vehicle;

5 (5) the length of the credit given to a purchaser

6 of a retired vehicle under each program;

7 (6) equity impacts of the programs on the used

8 car market for buyers and sellers; and

9 (7) such other factors as the Administrator de10 termines appropriate.

11 SEC. 156. INTERCITY RAIL INFRASTRUCTURE INVESTMENT

12 FROM MASS TRANSIT ACCOUNT OF HIGHWAY

13 TRUST FUND.

14 Section 5323 of title 49, United States Code, is

15 amended by adding at the end the following new sub16 section:

17 ‘‘(m) INTERCITY RAIL INFRASTRUCTURE INVEST18 MENT.—Any assistance provided to a State that does not

19 have Amtrak service as of date of enactment of this Act

20 from the Mass Transit Account of the Highway Trust

21 Fund may be used for capital improvements to, and oper22 ating support for, intercity passenger rail service.’’.

23 SEC. 157. MORATORIUM.

24 (a) IN GENERAL.—Notwithstanding any other provi25 sion of law, no agency of the Federal Government may
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1 take any action to prepare, promulgate, or implement any

2 rule or regulation addressing rights-of-way authorized

3 pursuant to Revised Statutes 2477 (43 U.S.C. 932), as

4 such law was in effect prior to October 21, 1976.

5 (b) SUNSET.—This section shall cease to have any

6 force or effect after December 1, 1995.

7 TITLE II—NATIONAL CAPITAL

8 REGION INTERSTATE TRANS9 PORTATION AUTHORITY

10 SEC. 201. SHORT TITLE.

11 This title may be cited as the ‘‘National Capital Re12 gion Interstate Transportation Authority Act of 1995’’.

13 SEC. 202. FINDINGS.

14 Congress finds that—

15 (1) traffic congestion imposes serious economic

16 burdens on the metropolitan Washington, D.C.,

17 area, costing each commuter an estimated $1,000

18 per year;

19 (2) the volume of traffic in the metropolitan

20 Washington, D.C., area is expected to increase by

21 more than 70 percent between 1990 and 2020;

22 (3) the deterioration of the Woodrow Wilson

23 Memorial Bridge and the growing population of the

24 metropolitan Washington, D.C., area contribute sig25 nificantly to traffic congestion;
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1 (4) the Bridge serves as a vital link in the

2 Interstate System and in the Northeast corridor;

3 (5) identifying alternative methods for main4 taining this vital link of the Interstate System is

5 critical to addressing the traffic congestion of the

6 area;

7 (6) the Bridge is—

8 (A) the only drawbridge in the metropoli9 tan Washington, D.C., area on the Interstate

10 System;

11 (B) the only segment of the Capital Belt12 way with only 6 lanes; and

13 (C) the only segment of the Capital Belt14 way with a remaining expected life of less than

15 10 years;

16 (7) the Bridge is the only part of the Interstate

17 System owned by the Federal Government;

18 (8)(A) the Bridge was constructed by the Fed19 eral Government;

20 (B) prior to the date of enactment of this Act,

21 the Federal Government has contributed 100 per22 cent of the cost of building and rehabilitating the

23 Bridge; and

24 (C) the Federal Government has a continuing

25 responsibility to fund future costs associated with
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1 the upgrading of the Interstate Route 95 crossing,

2 including the rehabilitation and reconstruction of the

3 Bridge;

4 (9) the Woodrow Wilson Bridge Coordination

5 Committee, established by the Federal Highway Ad6 ministration and comprised of representatives of

7 Federal, State, and local governments, is undertak8 ing planning studies pertaining to the Bridge, con9 sistent with the National Environmental Policy Act

10 of 1969 (42 U.S.C. 4321 et seq.) and other applica11 ble Federal laws;

12 (10) the transfer of ownership of the Bridge to

13 a regional entity under the terms and conditions de14 scribed in this title would foster regional transpor15 tation planning efforts to identify solutions to the

16 growing problem of traffic congestion on and around

17 the Bridge;

18 (11) any material change to the Bridge must

19 take into account the interests of nearby commu20 nities, the commuting public, Federal, State, and

21 local government organizations, and other affected

22 groups; and

23 (12) a commission of congressional, State, and

24 local officials and transportation representatives has

25 recommended to the Secretary of Transportation
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1 that the Bridge be transferred to an independent au2 thority to be established by the Capital Region juris3 dictions.

4 SEC. 203. PURPOSES.

5 The purposes of this title are—

6 (1) to grant consent to the Commonwealth of

7 Virginia, the State of Maryland, and the District of

8 Columbia to establish the National Capital Region

9 Interstate Transportation Authority; and

10 (2) to authorize the transfer of ownership of the

11 Bridge to the Authority for the purposes of owning,

12 constructing, maintaining, and operating a bridge or

13 tunnel or a bridge and tunnel project across the Po14 tomac River.

15 SEC. 204. DEFINITIONS.

16 In this title:

17 (1) AUTHORITY.—The term ‘‘Authority’’ means

18 the National Capital Region Interstate Transpor19 tation Authority authorized by this title and by simi20 lar enactment by each of the Capital Region jurisdic21 tions.

22 (2) AUTHORITY FACILITY.—The term ‘‘Author23 ity facility’’ means—

24 (A) the Bridge (as in existence on the date

25 of enactment of this Act);
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1 (B) any southern Capital Beltway crossing

2 of the Potomac River constructed in the vicinity

3 of the Bridge after the date of enactment of

4 this Act; or

5 (C) any building, improvement, addition,

6 extension, replacement, appurtenance, land, in7 terest in land, water right, air right, franchise,

8 machinery, equipment, furnishing, landscaping,

9 easement, utility, approach, roadway, or other

10 facility necessary or desirable in connection

11 with or incidental to a facility described in sub12 paragraph (A) or (B).

13 (3) BOARD.—The term ‘‘Board’’ means the

14 board of directors of the Authority established under

15 section 206.

16 (4) BRIDGE.—The term ‘‘Bridge’’ means the

17 Woodrow Wilson Memorial Bridge across the Poto18 mac River.

19 (5) CAPITAL REGION JURISDICTION.—The term

20 ‘‘Capital Region jurisdiction’’ means—

21 (A) the Commonwealth of Virginia;

22 (B) the State of Maryland; or

23 (C) the District of Columbia.

24 (6) INTERSTATE SYSTEM.—The term ‘‘Inter25 state System’’ means the Dwight D. Eisenhower Na-
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1 tional System of Interstate and Defense Highways

2 designated under section 103(e) of title 23, United

3 States Code.

4 (7) NATIONAL CAPITAL REGION.—The term

5 ‘‘National Capital Region’’ means the region consist6 ing of the metropolitan areas of—

7 (A)(i) the cities of Alexandria, Fairfax,

8 and Falls Church, Virginia; and

9 (ii) the counties of Arlington and Fairfax,

10 Virginia, and the political subdivisions of the

11 Commonwealth of Virginia located in the coun12 ties;

13 (B) the counties of Montgomery and

14 Prince Georges, Maryland, and the political

15 subdivisions of the State of Maryland located in

16 the counties; and

17 (C) the District of Columbia.

18 (8) SECRETARY.—The term ‘‘Secretary’’ means

19 the Secretary of Transportation.

20 SEC. 205. ESTABLISHMENT OF AUTHORITY.

21 (a) CONSENT TO AGREEMENT.—Congress grants

22 consent to the Commonwealth of Virginia, the State of

23 Maryland, and the District of Columbia to enter into an

24 interstate agreement or compact to establish the National
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1 Capital Region Interstate Transportation Authority in ac2 cordance with this title.

3 (b) ESTABLISHMENT OF AUTHORITY.—

4 (1) IN GENERAL.—On execution of the inter5 state agreement or compact described in subsection

6 (a), the Authority shall be considered to be estab7 lished.

8 (2) GENERAL POWERS.—The Authority shall be

9 a body corporate and politic, independent of all other

10 bodies and jurisdictions, having the powers and ju11 risdiction described in this title and such additional

12 powers as are conferred on the Authority by the

13 Capital Region jurisdictions, to the extent that the

14 additional powers are consistent with this title.

15 SEC. 206. GOVERNMENT OF AUTHORITY.

16 (a) IN GENERAL.—The Authority shall be governed

17 in accordance with this section and with the terms of any

18 interstate agreement or compact relating to the Authority

19 that is consistent with this title.

20 (b) BOARD.—The Authority shall be governed by a

21 board of directors consisting of 12 members appointed by

22 the Capital Region jurisdictions and 1 member appointed

23 by the Secretary.
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1 (c) QUALIFICATIONS.—One member of the Board

2 shall have an appropriate background in finance, construc3 tion lending, or infrastructure policy.

4 (d) CHAIRPERSON.—The chairperson of the Board

5 shall be elected biennially by the members of the Board.

6 (e) SECRETARY AND TREASURER.—The Board

7 may—

8 (1) biennially elect a secretary and a treasurer,

9 or a secretary-treasurer, without regard to whether

10 the individual is a member of the Board; and

11 (2) prescribe the powers and duties of the sec12 retary and treasurer, or the secretary-treasurer.

13 (f) TERMS.—

14 (1) IN GENERAL.—Except as provided in para15 graph (2), a member of the Board shall serve for a

16 6-year term, and shall continue to serve until the

17 successor of the member has been appointed in ac18 cordance with this subsection.

19 (2) INITIAL APPOINTMENTS.—

20 (A) BY CAPITAL REGION JURISDICTIONS.—

21 Members initially appointed to the Board by a

22 Capital Region jurisdiction shall be appointed

23 for the following terms:

24 (i) 1 member shall be appointed for a

25 6-year term.
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1 (ii) 1 member shall be appointed for a

2 4-year term.

3 (iii) 2 members shall each be ap4 pointed for a 2-year term.

5 (B) BY SECRETARY.—The member of the

6 Board appointed by the Secretary shall be ap7 pointed for a 6-year term.

8 (3) FAILURE TO APPOINT.—The failure of a

9 Capital Region jurisdiction to appoint 1 or more

10 members of the Board, as provided in this sub11 section, shall not impair the establishment of the

12 Authority if the condition of the establishment de13 scribed in section 205(b)(1) has been met.

14 (4) VACANCIES.—Subject to paragraph (5), a

15 person appointed to fill a vacancy on the Board shall

16 serve for the unexpired term.

17 (5) REAPPOINTMENTS.—A member of the

18 Board shall be eligible for reappointment for 1 addi19 tional term.

20 (6) PERSONAL LIABILITY OF MEMBERS.—A

21 member of the Board, including any nonvoting mem22 ber, shall not be personally liable for—

23 (A) any action taken in the capacity of the

24 member as a member of the Board; or
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1 (B) any note, bond, or other financial obli2 gation of the Authority.

3 (7) QUORUM.—

4 (A) IN GENERAL.—Subject to subpara5 graph (B), for the purpose of carrying out the

6 business of the Authority, 7 members of the

7 Board shall constitute a quorum.

8 (B) APPROVAL OF BOND ISSUES AND

9 BUDGET.—Eight affirmative votes of the mem10 bers of the Board shall be required to approve

11 bond issues and the annual budget of the Au12 thority.

13 (8) COMPENSATION.—A member of the Board

14 shall serve without compensation and shall reside

15 within a Capital Region jurisdiction.

16 (9) EXPENSES.—A member of the Board shall

17 be entitled to reimbursement for the expenses of the

18 member incurred in attending a meeting of the

19 Board or while otherwise engaged in carrying out

20 the duties of the Board.

21 SEC. 207. OWNERSHIP OF BRIDGE.

22 (a) CONVEYANCE BY SECRETARY.—

23 (1) IN GENERAL.—After the Capital Region ju24 risdictions enter into the agreement described in

25 subsection (c), the Secretary shall convey all right,
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1 title, and interest of the Department of Transpor2 tation in and to the Bridge to the Authority. Except

3 as provided in paragraph (2), upon conveyance by

4 the Secretary, the Authority shall accept the right,

5 title, and interest in and to the Bridge, and all du6 ties and responsibilities associated with the Bridge.

7 (2) INTERIM RESPONSIBILITIES.—Until such

8 time as a new crossing of the Potomac River de9 scribed in section 208 is constructed and oper10 ational, the conveyance under paragraph (1) shall in

11 no way—

12 (A) relieve the Capital Region jurisdictions

13 of the sole and exclusive responsibility to main14 tain and operate the Bridge; or

15 (B) relieve the Secretary of the responsibil16 ity to rehabilitate the Bridge or to comply with

17 the National Environmental Policy Act of 1969

18 (42 U.S.C. 4321 et seq.) and all other require19 ments applicable with respect to the Bridge.

20 (b) CONVEYANCE BY THE SECRETARY OF THE INTE21 RIOR.—At the same time as the conveyance of the Bridge

22 by the Secretary under subsection (a), the Secretary of

23 the Interior shall transfer to the Authority all right, title,

24 and interest of the Department of the Interior in and to

25 such land under or adjacent to the Bridge as is necessary
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1 to carry out section 208. Upon conveyance by the Sec2 retary of the Interior, the Authority shall accept the right,

3 title, and interest in and to the land.

4 (c) AGREEMENT.—The agreement referred to in sub5 section (a) is an agreement among the Secretary, the Gov6 ernors of the Commonwealth of Virginia and the State of

7 Maryland, and the Mayor of the District of Columbia as

8 to the Federal share of the cost of the activities carried

9 out under section 208.

10 SEC. 208. CAPITAL IMPROVEMENTS AND CONSTRUCTION.

11 The Authority shall take such action as is necessary

12 to address the need of the National Capital Region for

13 an enhanced southern Capital Beltway crossing of the Po14 tomac River that serves the traffic corridor of the Bridge

15 (as in existence on the date of enactment of this Act), in

16 accordance with the recommendations in the final environ17 mental impact statement prepared by the Secretary. The

18 Authority shall have the sole responsibility for the owner19 ship, construction, operation, and maintenance of a new

20 crossing of the Potomac River.

21 SEC. 209. ADDITIONAL POWERS AND RESPONSIBILITIES OF

22 AUTHORITY.

23 In addition to the powers and responsibilities of the

24 Authority under the other provisions of this title and

25 under any interstate agreement or compact relating to the
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1 Authority that is consistent with this title, the Authority

2 shall have all powers necessary and appropriate to carry

3 out the duties of the Authority, including the power—

4 (1) to adopt and amend any bylaw that is nec5 essary for the regulation of the affairs of the Au6 thority and the conduct of the business of the Au7 thority;

8 (2) to adopt and amend any regulation that is

9 necessary to carry out the powers of the Authority;

10 (3) subject to section 207(a)(2), to plan, estab11 lish, finance, operate, develop, construct, enlarge,

12 maintain, equip, or protect the Bridge or a new

13 crossing of the Potomac River described in section

14 208;

15 (4) to employ, in the discretion of the Author16 ity, a consulting engineer, attorney, accountant, con17 struction or financial expert, superintendent, or

18 manager, or such other employee or agent as is nec19 essary, and to fix the compensation and benefits of

20 the employee or agent, except that—

21 (A) an employee of the Authority shall not

22 engage in an activity described in section

23 7116(b)(7) of title 5, United States Code, with

24 respect to the Authority; and
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1 (B) an employment agreement entered into

2 by the Authority shall contain an explicit prohi3 bition against an activity described in subpara4 graph (A) with respect to the Authority by an

5 employee covered by the agreement;

6 (5) to—

7 (A) acquire personal and real property (in8 cluding land lying under water and riparian

9 rights), or any easement or other interest in

10 real property, by purchase, lease, gift, transfer,

11 or exchange; and

12 (B) exercise such powers of eminent do13 main in the Capital Region jurisdictions as are

14 conferred on the Authority by the Capital Re15 gion jurisdictions, in the exercise of the powers

16 and the performance of the duties of the Au17 thority;

18 (6) to apply for and accept any property, mate19 rial, service, payment, appropriation, grant, gift,

20 loan, advance, or other fund that is transferred or

21 made available to the Authority by the Federal Gov22 ernment or by any other public or private entity or

23 individual;

24 (7) to borrow money on a short-term basis and

25 issue notes of the Authority for the borrowing pay-
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1 able on such terms and conditions as the Board con2 siders advisable, and to issue bonds in the discretion

3 of the Authority for any purpose consistent with this

4 title, which notes and bonds—

5 (A) shall not constitute a debt of the Unit6 ed States, a Capital Region jurisdiction, or any

7 political subdivision of the United States or a

8 Capital Region jurisdiction; and

9 (B) may be secured solely by the general

10 revenues of the Authority, or solely by the in11 come and revenues of the Bridge or a new

12 crossing of the Potomac River described in sec13 tion 208;

14 (8) to fix, revise, charge, and collect any rea15 sonable toll or other charge;

16 (9) to enter into any contract or agreement nec17 essary or appropriate to the performance of the du18 ties of the Authority or the proper operation of the

19 Bridge or a new crossing of the Potomac River de20 scribed in section 208;

21 (10) to make any payment necessary to reim22 burse a local political subdivision having jurisdiction

23 over an area where the Bridge or a new crossing of

24 the Potomac River is situated for any extraordinary
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1 law enforcement cost incurred by the subdivision in

2 connection with the Authority facility;

3 (11) to enter into partnerships or grant conces4 sions between the public and private sectors for the

5 purpose of—

6 (A) financing, constructing, maintaining,

7 improving, or operating the Bridge or a new

8 crossing of the Potomac River described in sec9 tion 208; or

10 (B) fostering development of a new trans11 portation technology;

12 (12) to obtain any necessary Federal authoriza13 tion, permit, or approval for the construction, repair,

14 maintenance, or operation of the Bridge or a new

15 crossing of the Potomac River described in section

16 208;

17 (13) to adopt an official seal and alter the seal,

18 as the Board considers appropriate;

19 (14) to appoint 1 or more advisory committees;

20 (15) to sue and be sued in the name of the Au21 thority; and

22 (16) to carry out any activity necessary or ap23 propriate to the exercise of the powers or perform24 ance of the duties of the Authority under this title

25 and under any interstate agreement or compact re-
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1 lating to the Authority that is consistent with this

2 title, if the activity is coordinated and consistent

3 with the transportation planning process imple4 mented by the metropolitan planning organization

5 for the Washington, District of Columbia, metropoli6 tan area under section 134 of title 23, United States

7 Code, and section 5303 of title 49, United States

8 Code.

9 SEC. 210. FUNDING.

10 (a) SET-ASIDE.—Section 104 of title 23, United

11 States Code (as amended by section 125(b)(2)(A)), is fur12 ther amended—

13 (1) in the first sentence of subsection (b), by

14 striking ‘‘subsection (f) of this section’’ and insert15 ing ‘‘subsections (f) and (i)’’;

16 (2) by redesignating subsection (i) as subsection

17 (j); and

18 (3) by inserting before subsection (j) the follow19 ing:

20 ‘‘(i) WOODROW WILSON MEMORIAL BRIDGE.—Be21 fore making an apportionment of funds under subsection

22 (b), the Secretary shall set aside $17,550,000 for fiscal

23 year 1996 and $80,050,000 for fiscal year 1997 for the

24 rehabilitation of the Woodrow Wilson Memorial Bridge

25 and for the planning, preliminary design, engineering, and
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1 acquisition of a right-of-way for, and construction of, a

2 new crossing of the Potomac River.’’.

3 (b) APPLICABILITY OF TITLE 23.—Funds made

4 available under this section shall be available for obligation

5 in the manner provided for funds apportioned under chap6 ter 1 of title 23, United States Code, except that—

7 (1) the Federal share of the cost of any project

8 funded under this section shall be 100 percent; and

9 (2) the funds made available under this section

10 shall remain available until expended.

11 (c) STUDY.—Not later than May 31, 1997, the Sec12 retary, in consultation with each of the Capital Region ju13 risdictions, shall prepare and submit to Congress a report

14 identifying the necessary Federal share of the cost of the

15 activities to be carried out under section 208.

16 (d) DISTRIBUTION OF OBLIGATION AUTHORITY.—

17 Section 1002(e)(3) of the Intermodal Surface Transpor18 tation Efficiency Act of 1991 (Public Law 102–240; 23

19 U.S.C. 104 note) is amended by inserting before the pe20 riod at the end the following: ‘‘and the National Capital

21 Region Interstate Transportation Authority Act of 1995’’.

22 (e) REMOVAL OF ISTEA AUTHORIZATION FOR

23 BRIDGE REHABILITATION.—Section 1069 of the Inter24 modal Surface Transportation Efficiency Act of 1991
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1 (Public Law 102–240; 105 Stat. 2009) is amended by

2 striking subsection (i).

3 SEC. 211. AVAILABILITY OF PRIOR AUTHORIZATIONS.

4 In addition to the funds made available under section

5 210, any funds made available for the rehabilitation of the

6 Bridge under sections 1069(i) and 1103(b) of the Inter7 modal Surface Transportation Efficiency Act of 1991

8 (Public Law 102–240; 105 Stat. 2009 and 2028) (as in

9 effect prior to the amendment made by section 210(e))

10 shall continue to be available after the conveyance of the

11 Bridge to the Authority under section 207(a), in accord12 ance with the terms under which the funds were made

13 available under the Act.

14 TITLE III—FEDERAL HIGHWAY

15 AND RAILROAD GRADE

16 CROSSING SAFETY

17 SEC. 301. SHORT TITLE.

18 This title may be cited as the ‘‘Federal Highway and

19 Railroad Grade Crossing Safety Act of 1995’’.

20 SEC. 302. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

21 In implementing the Intelligent Vehicle-Highway Sys22 tems Act of 1991 (23 U.S.C. 307 note), the Secretary of

23 Transportation shall ensure that the National Intelligent

24 Vehicle-Highway Systems Program addresses, in a com25 prehensive and coordinated manner, the use of intelligent
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1 vehicle-highway technologies to promote safety at railroad2 highway grade crossings. The Secretary of Transportation

3 shall ensure that two or more operational tests funded

4 under such Act shall promote highway traffic safety and

5 railroad safety.

6 SEC. 303. STATE HIGHWAY SAFETY MANAGEMENT SYSTEMS.

7 (a) AMENDMENT OF REGULATIONS.—The Secretary

8 of Transportation shall conduct a rulemaking proceeding

9 to amend the regulations under section 500.407 of title

10 23, Code of Federal Regulations, to require that each

11 highway safety management system developed, estab12 lished, and implemented by a State shall, among counter13 measures and priorities established under subsection

14 (b)(2) of that section—

15 (1) include public railroad-highway grade-cross16 ing closure plans that are aimed at eliminating high17 risk or redundant crossings (as defined by the Sec18 retary);

19 (2) include railroad-highway grade-crossing

20 policies that limit the creation of new at-grade cross21 ings for vehicle or pedestrian traffic, recreational

22 use, or any other purpose; and

23 (3) include plans for State policies, programs,

24 and resources to further reduce death and injury at

25 high-risk railroad-highway grade crossings.
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1 (b) DEADLINE.—The Secretary of Transportation

2 shall complete the rulemaking proceeding described in sub3 section (a) and prescribe the required amended regula4 tions, not later than one year after the date of enactment

5 of this Act.

6 SEC. 304. VIOLATION OF GRADE-CROSSING LAWS AND REG7 ULATIONS.

8 (a) FEDERAL REGULATIONS.—Section 31311 of title

9 49, United States Code, is amended by adding at the end

10 the following new subsection:

11 ‘‘(h) GRADE-CROSSING VIOLATIONS.—

12 ‘‘(1) SANCTIONS.—The Secretary shall issue

13 regulations establishing sanctions and penalties re14 lating to violations, by persons operating commercial

15 motor vehicles, of laws and regulations pertaining to

16 railroad-highway grade crossings.

17 ‘‘(2) MINIMUM REQUIREMENTS.—Regulations

18 issued under paragraph (1) shall, at a minimum, re19 quire that—

20 ‘‘(A) the penalty for a single violation shall

21 not be less than a 60-day disqualification of the

22 driver’s commercial driver’s license; and

23 ‘‘(B) any employer that knowingly allows,

24 permits, authorizes, or requires an employee to

25 operate a commercial motor vehicle in violation
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1 of such a law or regulation shall be subject to

2 a civil penalty of not more than $10,000.’’.

3 (b) DEADLINE.—The initial regulations required

4 under section 31310(h) of title 49, United States Code,

5 shall be issued not later than one year after the date of

6 enactment of this Act.

7 (c) STATE REGULATIONS.—Section 31311(a) of title

8 49, United States Code, is amended by adding at the end

9 the following new paragraph:

10 ‘‘(18) GRADE-CROSSING REGULATIONS.—The

11 State shall adopt and enforce regulations prescribed

12 by the Secretary under section 31310(h) of this

13 title.’’.

14 SEC. 305. SAFETY ENFORCEMENT.

15 (a) COOPERATION BETWEEN FEDERAL AND STATE

16 AGENCIES.—The National Highway Traffic Safety Ad17 ministration, and the Office of Motor Carriers within the

18 Federal Highway Administration, shall on a continuing

19 basis cooperate and work with the National Association

20 of Governors’ Highway Safety Representatives, the Com21 mercial Vehicle Safety Alliance, and Operation Lifesaver,

22 Inc., to improve compliance with and enforcement of laws

23 and regulations pertaining to railroad-highway grade

24 crossings.
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1 (b) REPORT.—The Secretary of Transportation shall

2 submit a report to Congress by January 1, 1996, indicat3 ing (1) how the Department worked with the above men4 tioned entities to improve the awareness of the highway

5 and commercial vehicle safety and law enforcement com6 munities of regulations and safety challenges at railroad7 highway grade crossings, and (2) how resources are being

8 allocated to better address these challenges and enforce

9 such regulations.

10 SEC. 306. CROSSING ELIMINATION; STATEWIDE CROSSING

11 FREEZE.

12 (a) STATEMENT OF POLICY.—

13 (1) Railroad-highway grade crossings present

14 inherent hazards to the safety of railroad operations

15 and to the safety of persons using those crossings.

16 It is in the public interest—

17 (A) to eliminate redundant and high risk

18 railroad-highway grade crossings; and

19 (B) to limit the creation of new crossings

20 to the minimum necessary to provide for the

21 reasonable mobility of the American people and

22 their property, including emergency access.

23 (2) Elimination of redundant and high-risk rail24 road-highway grade crossings is necessary to permit

25 optimum use of available funds to improve the safety
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1 of remaining crossings, including funds provided

2 under Federal law.

3 (3) Effective programs to reduce the number of

4 unneeded railroad-highway grade crossings, and to

5 close those crossings that cannot be made reasonably

6 safe (due to reasons of topography, angles of inter7 section, etc.), require the partnership of Federal,

8 State, and local officials and agencies, and affected

9 railroads.

10 (4) Promotion of a balanced national transpor11 tation system requires that highway planning specifi12 cally take into consideration the interface between

13 highways and the national railroad system.

14 (b) PARTNERSHIP AND OVERSIGHT.—The Secretary

15 shall foster a partnership among Federal, State, and local

16 transportation officials and agencies to reduce the number

17 of railroad-highway grade crossings and to improve safety

18 at remaining crossings. The Secretary shall make provi19 sions for periodic review to ensure that each State (includ20 ing State subdivisions and local governments) is making

21 substantial, continued progress toward achievement of the

22 purposes of this section.

23 (c) CROSSING FREEZE.—If, upon review, and after

24 opportunity for a hearing, the Secretary determines that

25 a State or political subdivision thereof has failed to make
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1 substantial, continued progress toward achievement of the

2 purposes of this section, then the Secretary shall impose

3 a limit on the maximum number of public railroad-high4 way grade crossings in that State. The limitation imposed

5 by the Secretary under this subsection shall remain in ef6 fect until the State demonstrates compliance with the re7 quirements of this section. In addition, the Secretary may,

8 for a period of not more than 3 years after such a deter9 mination, require compliance with specific numeric targets

10 for net reductions in the number of railroad-highway

11 grade crossings (including specification of hazard cat12 egories with which such crossings are associated).

13 (d) REGULATIONS.—The Secretary shall issue such

14 regulations as may be necessary to carry out this section.

Passed the Senate June 22 (legislative day, June

19), 1995.

Attest:

Secretary.
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104TH CONGRESS

1ST SESSION S. 440

AN ACT

To amend title 23, United States Code, to provide

tem, and for other purposes.for the designation of the National Highway Sys-