Calendar No. 114

104TH CONGRESS

1ST SESSION S. 440

[Report No. 104–86]

A BILL

To amend title 23, United States Code, to provide

tem, and for other purposes.for the designation of the National Highway SysMAY 22 (legislative day, MAY 15), 1995

Reported with an amendment
II

Calendar No. 114

104TH CONGRESS

1ST SESSION S. 440

[Report No. 104–86]

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

the National Highway System, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 16 (legislative day, JANUARY 30), 1995

Mr. WARNER (for himself, Mr. CHAFEE, Mr. BAUCUS, Mr. MOYNIHAN, Mr.

BOND, Mr. FAIRCLOTH, Mr. KEMPTHORNE, Mr. LAUTENBERG, Mr.

LIEBERMAN, Mr. INHOFE, Mr. REID, Mr. SMITH, Mr. LUGAR, Mrs.

BOXER, Mr. GRAHAM, Mr. PELL, Mr. BREAUX, Mr. BINGAMAN, Mr.

JOHNSTON, Mr. SIMPSON, Mr. BRYAN, Mr. ASHCROFT, Mr. MURKOWSKI,

Mr. ROBB, Mr. EXON, Mr. DORGAN, Mr. MCCONNELL, Mr. FORD, Mr.

COATS, Mr. DASCHLE, Mr. LOTT, Mr. DOLE, and Mr. COCHRAN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

MAY 22 (legislative day, MAY 15), 1995

Reported by Mr. CHAFEE, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Highway Sys3 tem Designation Act of 1995’’.

4 SEC. 2. NATIONAL HIGHWAY SYSTEM DESIGNATION.

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

6 amended by inserting after subsection (b) the following:

7 ‘‘(c) NATIONAL HIGHWAY SYSTEM DESIGNATION.—

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

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

10 Act) as submitted by the Secretary of Transpor11 tation pursuant to this section is designated as the

12 National Highway System.

13 ‘‘(2) MODIFICATIONS.—

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

15 State, the Secretary may—

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

17 National Highway System, including a new

18 intermodal connection; or

19 ‘‘(ii) delete a route segment in exist20 ence on the date of the request and any

21 connection to the route segment;

22 if the total mileage of the National Highway

23 System (including any route segment or connec24 tion proposed to be added under this subpara25 graph) does not exceed 165,000 miles (265,542

26 kilometers).
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1 ‘‘(B) PROCEDURES FOR CHANGES RE2 QUESTED BY STATES.—Each State that makes

3 a request for a change in the National Highway

4 System pursuant to subparagraph (A) shall es5 tablish that each change in a route segment or

6 connection referred to in the subparagraph has

7 been identified by the State, in cooperation with

8 local officials, pursuant to applicable transpor9 tation planning activities for metropolitan areas

10 carried out under section 134 and statewide

11 planning processes carried out under section

12 135.

13 ‘‘(3) APPROVAL BY THE SECRETARY.—The Sec14 retary may approve a request made by a State for

15 a change in the National Highway System pursuant

16 to paragraph (2) if the Secretary determines that

17 the change—

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

19 National Highway System under this title; and

20 ‘‘(B) enhances the national transportation

21 characteristics of the National Highway Sys22 tem.’’.
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1 SEC. 3. ELIGIBLE PROJECTS FOR THE NATIONAL HIGHWAY

2 SYSTEM.

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

4 States Code, is amended by striking paragraph (8) and

5 inserting the following:

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

7 monitoring, management, and control facilities and

8 programs.’’.

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

10 States Code, is amended by striking the undesignated

11 paragraph defining ‘‘startup costs for traffic management

12 and control’’ and inserting the following:

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

14 management, and control’ includes labor costs, adminis15 trative costs, costs of utilities and rent, and other costs

16 associated with the continuous operation of traffic control

17 activities, such as integrated traffic control systems, inci18 dent management programs, and traffic control centers.’’.

19 SEC. 4. TRANSFERABILITY OF APPORTIONMENTS.

20 The third sentence of section 104(g) of title 23, Unit21 ed States Code, is amended by striking ‘‘40 percent’’ and

22 inserting ‘‘60 percent’’.
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1 SEC. 5. FEDERAL SHARE FOR HIGHWAYS, BRIDGES, AND

2 TUNNELS.

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

4 amended by striking paragraph (5) and inserting the fol5 lowing:

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

7 Federal share payable for an activity described in

8 paragraph (1) shall be a percentage determined by

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

10 SEC. 6. FEDERAL SHARE FOR BICYCLE TRANSPORTATION

11 FACILITIES AND PEDESTRIAN WALKWAYS.

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

13 amended by striking ‘‘80 percent’’ and inserting ‘‘deter14 mined in accordance with section 120(b)’’.

15 SEC. 7. DONATIONS OF FUNDS, MATERIALS, OR SERVICES

16 FOR FEDERALLY ASSISTED ACTIVITIES.

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

18 amended—

19 (1) by redesignating subsection (c) as sub20 section (d); and

21 (2) by inserting after subsection (b) the follow22 ing:

23 ‘‘(c) CREDIT FOR DONATIONS OF FUNDS, MATE24 RIALS, OR SERVICES.—Nothing in this title or any other

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

26 materials, or services in connection with an activity eligible
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1 for Federal assistance under this title. In the case of such

2 an activity with respect to which the Federal Government

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

4 or the fair market value of any donated materials or serv5 ices, that are accepted and incorporated into the activity

6 by the State highway agency shall be credited against the

7 State share.’’.

8 SEC. 8. METRIC CONVERSION OF TRAFFIC CONTROL SIGNS.

9 Notwithstanding section 3(2) of the Metric Conver10 sion Act of 1975 (15 U.S.C. 205b(2)) or any other law,

11 no State shall be required to—

12 (1) erect any highway sign that establishes any

13 speed limit, distance, or other measurement using

14 the metric system; or

15 (2) modify any highway sign that establishes

16 any speed limit, distance, or other measurement so

17 that the sign uses the metric system.

18 SEC. 9. TIME LIMIT FOR OBLIGATION OF FUNDS FOR IN19 TELLIGENT VEHICLE-HIGHWAY SYSTEMS

20 PROJECTS.

21 Section 6058 of the Intermodal Surface Transpor22 tation Efficiency Act of 1991 (Public Law 102–240; 23

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

24 following:

25 ‘‘(f) OBLIGATION OF FUNDS.—
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1 ‘‘(1) IN GENERAL.—Funds made available pur2 suant to subsections (a) and (b) after the date of en3 actment of this subsection, and other funds made

4 available after that date to carry out specific intel5 ligent vehicle-highway systems projects, shall be obli6 gated not later than the last day of the fiscal year

7 following the fiscal year with respect to which the

8 funds are made available.

9 ‘‘(2) REALLOCATION OF FUNDS.—If funds de10 scribed in paragraph (1) are not obligated by the

11 date described in the paragraph, the Secretary may

12 make the funds available to carry out any other ac13 tivity with respect to which funds may be made

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

15 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

16 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na17 tional Highway System Designation Act of 1995’’.

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

19 Act is as follows:

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. Inapplicability of Davis-Bacon Act.

Sec. 108. Limitation on advance construction.

Sec. 109. Preventive maintenance.
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Sec. 110. Eligibility of bond and other debt instrument financing for reimbursement as construction expenses.

Sec. 111. Federal share for highways, bridges, and tunnels.

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. Repeal of national maximum speed limit.

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

Sec. 117. Repeal of restrictions on toll facilities.

Sec. 118. Suspension of management systems.

Sec. 119. Intelligent vehicle-highway systems.

Sec. 120. Donations of funds, materials, or services for federally assisted activities.

Sec. 121. Metric conversion of traffic control signs.

Sec. 122. Identification of high priority corridors.

Sec. 123. Revision of authority for innovative project in Florida.

Sec. 124. Revision of authority for priority intermodal project in California.

Sec. 125. National recreational trails funding program.

Sec. 126. Intermodal facility in New York.

Sec. 127. Clarification of eligibility.

Sec. 128. Bristol, Rhode Island, street marking.

Sec. 129. Public use of rest areas.

Sec. 130. Collection of tolls to finance certain environmental projects in Florida.

Sec. 131. Hours of service of drivers of ground water well drilling rigs.

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.

1 TITLE I—HIGHWAY PROVISIONS

2 SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNATION.

3 Section 103 of title 23, United States Code, is amended

4 by inserting after subsection (b) the following:

5 ‘‘(c) NATIONAL HIGHWAY SYSTEM DESIGNATION.—

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

7 Highway System (as of the date of enactment of this
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1 Act) as submitted by the Secretary of Transportation

2 pursuant to this section is designated as the National

3 Highway System.

4 ‘‘(2) MODIFICATIONS.—

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

6 State, the Secretary may—

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

8 National Highway System, including a new

9 intermodal connection; or

10 ‘‘(ii) delete a route segment in existence

11 on the date of the request and any connec12 tion to the route segment;

13 if the total mileage of the National Highway

14 System (including any route segment or connec15 tion proposed to be added under this subpara16 graph) does not exceed 165,000 miles (265,542

17 kilometers).

18 ‘‘(B) PROCEDURES FOR CHANGES RE19 QUESTED BY STATES.—Each State that makes a

20 request for a change in the National Highway

21 System pursuant to subparagraph (A) shall es22 tablish that each change in a route segment or

23 connection referred to in the subparagraph has

24 been identified by the State, in cooperation with

25 local officials, pursuant to applicable transpor-
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1 tation planning activities for metropolitan areas

2 carried out under section 134 and statewide

3 planning processes carried out under section 135.

4 ‘‘(3) APPROVAL BY THE SECRETARY.—The Sec5 retary may approve a request made by a State for a

6 change in the National Highway System pursuant to

7 paragraph (2) if the Secretary determines that the

8 change—

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

10 National Highway System under this title; and

11 ‘‘(B) enhances the national transportation

12 characteristics of the National Highway Sys13 tem.’’.

14 SEC. 102. ELIGIBLE PROJECTS FOR THE NATIONAL HIGH15 WAY SYSTEM.

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

17 States Code, is amended—

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

19 following:

20 ‘‘(8) Capital and operating costs for traffic mon21 itoring, management, and control facilities and pro22 grams.’’; and

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

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

25 restoration, and rehabilitation of, and operational
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1 improvements for, public highways connecting the

2 National Highway System to—

3 ‘‘(A) ports, airports, and rail, truck, and

4 other intermodal freight transportation facilities;

5 and

6 ‘‘(B) public transportation facilities.

7 ‘‘(15) Construction of, and operational improve8 ments for, the Alameda Transportation Corridor

9 along Alameda Street from the entrance to the ports

10 of Los Angeles and Long Beach to Interstate 10, Los

11 Angeles, California. The Federal share of the cost of

12 the construction and improvements shall be deter13 mined in accordance with section 120(b).’’.

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

15 States Code, is amended by striking the undesignated para16 graph defining ‘‘startup costs for traffic management and

17 control’’ and inserting the following:

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

19 management, and control’ includes labor costs, administra20 tive costs, costs of utilities and rent, and other costs associ21 ated with the continuous operation of traffic control activi22 ties, such as integrated traffic control systems, incident

23 management programs, and traffic control centers.’’.
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1 SEC. 103. TRANSFERABILITY OF APPORTIONMENTS.

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

3 States Code, is amended by striking ‘‘40 percent’’ and in4 serting ‘‘60 percent’’.

5 SEC. 104. DESIGN CRITERIA FOR THE NATIONAL HIGHWAY

6 SYSTEM.

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

8 amended—

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

10 following:

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

12 the plans and specifications for each proposed highway

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

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

15 future traffic of the highway in a manner that is con16 ducive to safety, durability, and economy of mainte17 nance; and

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

19 with criteria best suited to accomplish the objectives

20 described in paragraph (1) and to conform to the par21 ticular needs of each locality.’’;

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

23 following:

24 ‘‘(c) DESIGN CRITERIA FOR THE NATIONAL HIGHWAY

25 SYSTEM.—
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1 ‘‘(1) IN GENERAL.—A design for new construc2 tion, reconstruction, resurfacing (except for mainte3 nance resurfacing), restoration, or rehabilitation of a

4 highway on the National Highway System (other

5 than a highway also on the Interstate System) shall

6 take into account, in addition to the criteria described

7 in subsection (a)—

8 ‘‘(A) the constructed and natural environ9 ment of the area;

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

11 historic, community, and preservation impacts

12 of the activity; and

13 ‘‘(C) as appropriate, access for other modes

14 of transportation.

15 ‘‘(2) DEVELOPMENT OF CRITERIA.—The Sec16 retary, in cooperation with State highway agencies,

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

18 developing the criteria, the Secretary shall consider

19 the results of the committee process of the American

20 Association of State Highway and Transportation Of21 ficials as adopted and published in ‘A Policy on Geo22 metric Design of Highways and Streets’, after ade23 quate opportunity for input by interested parties.’’;

24 and
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1 (3) by striking subsection (q) and inserting the

2 following:

3 ‘‘(q) ENVIRONMENTAL, SCENIC, AND HISTORIC VAL4 UES.—Notwithstanding subsections (b) and (c), the Sec5 retary may approve a project for the National Highway

6 System if the project is designed to—

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

8 scenic, or historic values;

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

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

11 SEC. 105. APPLICABILITY OF TRANSPORTATION CONFORM12 ITY REQUIREMENTS.

13 (a) HIGHWAY CONSTRUCTION.—Section 109(j) of title

14 23, United States Code, is amended by striking ‘‘plan for

15 the implementation of any ambient air quality standard

16 for any air quality control region designated pursuant to

17 the Clean Air Act, as amended.’’ and inserting the follow18 ing: ‘‘plan for—

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

20 air quality standard for which an area is designated

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

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

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

24 quality standard in an area that was designated as

25 a nonattainment area but that was later redesignated
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1 by the Administrator as an attainment area for the

2 standard and that is required to develop a mainte3 nance plan under section 175A of the Clean Air Act

4 (42 U.S.C. 7505a).’’.

5 (b) CLEAN AIR ACT REQUIREMENTS.—Section 176(c)

6 of the Clean Air Act (42 U.S.C. 7506(c)) is amended by

7 adding at the end the following:

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

9 apply only with respect to—

10 ‘‘(A) a nonattainment area and each spe11 cific pollutant for which the area is designated

12 as a nonattainment area; and

13 ‘‘(B) an area that was designated as a non14 attainment area but that was later redesignated

15 by the Administrator as an attainment area and

16 that is required to develop a maintenance plan

17 under section 175A with respect to the specific

18 pollutant for which the area was designated non19 attainment.’’.

20 SEC. 106. USE OF RECYCLED PAVING MATERIAL.

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

22 Surface Transportation Efficiency Act of 1991 (Public Law

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

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

25 following:
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1 ‘‘(d) ASPHALT PAVEMENT CONTAINING RECYCLED

2 RUBBER.—

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

4 Not later than 180 days after the date of enactment

5 of the National Highway System Designation Act of

6 1995, the Administrator of the Federal Highway Ad7 ministration shall develop testing procedures and con8 duct research to develop performance grade classifica9 tions, in accordance with the strategic highway re10 search program carried out under section 307(d) of

11 title 23, United States Code, for crumb rubber modi12 fier binders. The testing procedures and performance

13 grade classifications should be developed in consulta14 tion with representatives of the crumb rubber modifier

15 industry and other interested parties (including the

16 asphalt paving industry) with experience in the devel17 opment of the procedures and classifications.

18 ‘‘(2) CRUMB RUBBER MODIFIER PROGRAM DE19 VELOPMENT.—

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

21 the Federal Highway Administration shall make

22 grants to States to develop programs to use

23 crumb rubber from scrap tires to modify asphalt

24 pavements. Each State may receive not more

25 than $500,000 under this paragraph.
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1 ‘‘(B) USE OF GRANT FUNDS.—Grant funds

2 made available to States under this paragraph

3 may be used—

4 ‘‘(i) to develop mix designs for crumb

5 rubber modified asphalt pavements;

6 ‘‘(ii) for the placement and evaluation

7 of crumb rubber modified asphalt pavement

8 field tests; and

9 ‘‘(iii) for the expansion of State crumb

10 rubber modifier programs in existence on

11 the date the grant is made available.’’; and

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

13 and inserting the following:

14 ‘‘(1) the term ‘asphalt pavement containing recy15 cled rubber’ means any mixture of asphalt and crumb

16 rubber derived from whole scrap tires, such that the

17 physical properties of the asphalt are modified

18 through the mixture, for use in pavement mainte19 nance, rehabilitation, or construction applications;

20 and’’.

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

22 States Code, is amended by inserting after the second sen23 tence the following: ‘‘Of the amounts authorized to be ex24 pended under this paragraph, $500,000 shall be expended

25 in fiscal year 1996 to carry out section 1038(d)(1) of the
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1 Intermodal Surface Transportation Efficiency Act of 1991

2 (Public Law 102–240; 23 U.S.C. 109 note) and $10,000,000

3 shall be expended in each of fiscal years 1996 and 1997

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

5 SEC. 107. INAPPLICABILITY OF DAVIS-BACON ACT.

6 Section 113 of title 23, United States Code, is amended

7 to read as follows:

8 ‘‘§ 113. Prevailing rate of wage

9 ‘‘The Act entitled ‘An Act relating to the rate of wages

10 for laborers and mechanics employed on public buildings

11 of the United States and the District of Columbia by con12 tractors and subcontractors, and for other purposes’, ap13 proved March 3, 1931 (commonly known as the ‘Davis14 Bacon Act’) (40 U.S.C. 276a et seq.), shall not apply with

15 respect to any project carried out or assisted under any

16 chapter of this title.’’.

17 SEC. 108. LIMITATION ON ADVANCE CONSTRUCTION.

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

19 amended to read as follows:

20 ‘‘(d) REQUIREMENT OF INCLUSION IN TRANSPOR21 TATION IMPROVEMENT PROGRAM.—The Secretary may not

22 approve an application under this section unless the project

23 is included in the transportation improvement program of

24 the State developed under section 135(f).’’.
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1 SEC. 109. PREVENTIVE MAINTENANCE.

2 Section 116 of title 23, United States Code, is amended

3 by adding at the end the following:

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

5 maintenance activity shall be eligible for Federal assistance

6 under this title if the State demonstrates to the satisfaction

7 of the Secretary that the activity is a cost-effective means

8 of extending the life of a Federal-aid highway.’’.

9 SEC. 110. ELIGIBILITY OF BOND AND OTHER DEBT INSTRU10 MENT FINANCING FOR REIMBURSEMENT AS

11 CONSTRUCTION EXPENSES.

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

13 States Code, is amended to read as follows:

14 ‘‘SEC. 122. PAYMENTS TO STATES FOR BOND AND OTHER

15 DEBT INSTRUMENT FINANCING.

16 ‘‘(a) DEFINITION OF ELIGIBLE DEBT FINANCING IN17 STRUMENT.—In this section, the term ‘eligible debt financ18 ing instrument’ means a bond or other debt financing in19 strument, including a note, certificate, mortgage, or lease

20 agreement, issued by a State or political subdivision of a

21 State, the proceeds of which are used for an eligible Federal22 aid project under this title.

23 ‘‘(b) FEDERAL REIMBURSEMENT.—Subject to sub24 sections (c) and (d), the Secretary may reimburse a State

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

26 subdivision of the State, for—
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1 ‘‘(1) interest payments under an eligible debt fi2 nancing instrument;

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

4 debt financing instrument;

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

6 financing instrument;

7 ‘‘(4) the cost of insurance for an eligible debt fi8 nancing instrument; and

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

10 eligible debt financing instrument (as determined by

11 the Secretary).

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

13 reimburse a State under subsection (b) with respect to a

14 project funded by an eligible debt financing instrument

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

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

17 to be made under section 121.

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

19 of a project payable under this section shall not exceed the

20 pro-rata basis of payment authorized in section 120.

21 ‘‘(e) STATUTORY CONSTRUCTION.—Notwithstanding

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

23 instrument for reimbursement under subsection (a) shall

24 not—
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1 ‘‘(1) constitute a commitment, guarantee, or obli2 gation on the part of the United States to provide for

3 payment of principal or interest on the eligible debt

4 financing instrument; or

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

6 the United States for payment under the eligible debt

7 financing instrument.’’.

8 (b) DEFINITION OF CONSTRUCTION.—The first sen9 tence of the undesignated paragraph defining ‘‘construc10 tion’’ of section 101(a) of title 23, United States Code, is

11 amended by inserting ‘‘bond costs and other costs relating

12 to the issuance of bonds or other debt instrument financing

13 in accordance with section 122,’’ after ‘‘highway, includ14 ing’’.

15 (c) CONFORMING AMENDMENT.—The analysis for

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

17 striking the item relating to section 122 and inserting the

18 following:

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

19 SEC. 111. FEDERAL SHARE FOR HIGHWAYS, BRIDGES, AND

20 TUNNELS.

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

22 amended by striking paragraph (5) and inserting the fol23 lowing:

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

25 Federal share payable for an activity described in
22

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1 paragraph (1) shall be a percentage determined by

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

3 SEC. 112. STREAMLINING FOR TRANSPORTATION ENHANCE4 MENT PROJECTS.

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

6 amended—

7 (1) in paragraph (3)—

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

9 inserting the following:

10 ‘‘(3) PAYMENTS.—

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

12 subparagraph (B), the’’; and

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

14 ‘‘(B) ADVANCE PAYMENT OPTION FOR

15 TRANSPORTATION ENHANCEMENT ACTIVITIES.—

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

17 advance funds to the State for transpor18 tation enhancement activities funded from

19 the allocation required by subsection (d)(2)

20 for a fiscal year if the Secretary certifies for

21 the fiscal year that the State has authorized

22 and uses a process for the selection of trans23 portation enhancement projects that in24 volves representatives of affected public enti25 ties, and private citizens, with expertise re-
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1 lated to transportation enhancement activi2 ties.

3 ‘‘(ii) LIMITATION ON AMOUNTS.—

4 Amounts advanced under this subparagraph

5 shall be limited to such amounts as are nec6 essary to make prompt payments for project

7 costs.

8 ‘‘(iii) EFFECT ON OTHER REQUIRE9 MENTS.—This subparagraph shall not ex10 empt a State from other requirements of

11 this title relating to the surface transpor12 tation program.’’; and

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

14 ‘‘(5) TRANSPORTATION ENHANCEMENT ACTIVI15 TIES.—

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

17 extent appropriate, the Secretary shall develop

18 categorical exclusions from the requirement that

19 an environmental assessment or an environ20 mental impact statement under section 102 of

21 the National Environmental Policy Act of 1969

22 (42 U.S.C. 4332) be prepared for transportation

23 enhancement activities funded from the alloca24 tion required by subsection (d)(2).
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1 ‘‘(B) NATIONWIDE PROGRAMMATIC AGREE2 MENT.—The Administrator of the Federal High3 way Administration, in consultation with the

4 National Conference of State Historic Preserva5 tion Officers and the Advisory Council on His6 toric Preservation established under title II of

7 the National Historic Preservation Act (16

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

9 programmatic agreement governing the review of

10 transportation enhancement activities funded

11 from the allocation required by subsection (d)(2),

12 in accordance with—

13 ‘‘(i) section 106 of the National His14 toric Preservation Act (16 U.S.C. 470f); and

15 ‘‘(ii) the regulations of the Advisory

16 Council on Historic Preservation.’’.

17 SEC. 113. NON-FEDERAL SHARE FOR CERTAIN TOLL BRIDGE

18 PROJECTS.

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

20 amended by adding at the end the following: ‘‘Any non21 Federal funds expended for the seismic retrofit of the bridge

22 may be credited toward the non-Federal share required as

23 a condition of receipt of any Federal funds for seismic retro24 fit of the bridge made available after the date of the expendi25 ture.’’.
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1 SEC. 114. CONGESTION MITIGATION AND AIR QUALITY IM2 PROVEMENT PROGRAM.

3 (a) AREAS ELIGIBLE FOR FUNDS.—

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

5 149(b) of title 23, United States Code, is amended—

6 (A) by inserting ‘‘for areas in the State that

7 were designated as nonattainment areas under

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

9 7407(d))’’ after ‘‘may obligate funds’’; and

10 (B) in paragraph (1)(A)—

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

12 inserting the following: ‘‘contribute to—

13 ‘‘(i) the’’; and

14 (ii) by adding at the end the following:

15 ‘‘(ii) the maintenance of a national ambient

16 air quality standard in an area that was des17 ignated as a nonattainment area but that was

18 later redesignated by the Administrator of the

19 Environmental Protection Agency as an attain20 ment area under section 107(d) of the Clean Air

21 Act (42 U.S.C. 7407(d)); or’’.

22 (2) APPORTIONMENT.—Section 104(b)(2) of title

23 23, United States Code, is amended—

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

25 a nonattainment area (as defined in the Clean

26 Air Act) for ozone’’ and inserting ‘‘was a non-
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1 attainment area (as defined in section 171(2) of

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

3 during any part of fiscal year 1995’’; and

4 (B) in the third sentence—

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

6 ‘‘was also’’; and

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

8 fiscal year 1995’’ after ‘‘monoxide’’.

9 (b) REMOVAL OF CERTAIN FUNDING LIMITATIONS.—

10 Section 149(b)(1)(A) of title 23, United States Code, is

11 amended by striking ‘‘(other than clauses (xii) and (xvi)

12 of such section), that the project or program’’ and inserting

13 ‘‘, that the publicly sponsored project or program’’.

14 SEC. 115. REPEAL OF NATIONAL MAXIMUM SPEED LIMIT.

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

16 States Code, is repealed.

17 (b) CONFORMING AMENDMENTS.—

18 (1) The analysis for chapter 1 of title 23, United

19 States Code, is amended by striking the item relating

20 to section 154.

21 (2) Section 141 of title 23, United States Code,

22 is amended—

23 (A) by striking subsection (a);
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1 (B) by redesignating subsections (b), (c),

2 and (d) as subsections (a), (b), and (c), respec3 tively; and

4 (C) in subsection (b) (as so redesignated),

5 by striking ‘‘subsection (b)’’ each place it ap6 pears and inserting ‘‘subsection (a)’’.

7 (3) Section 123(c)(3) of the Federal-Aid High8 way Act of 1978 (Public Law 95–599; 23 U.S.C. 141

9 note) is amended by striking ‘‘section 141(b)’’ and in10 serting ‘‘section 141(a)’’.

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

12 Code, is amended to read as follows:

13 ‘‘(2) MOTOR VEHICLE.—The term ‘motor vehicle’

14 means any vehicle driven or drawn by mechanical

15 power manufactured primarily for use on public

16 highways, except any vehicle operated exclusively on

17 a rail or rails.’’.

18 (5) Section 1029 of the Intermodal Surface

19 Transportation Efficiency Act of 1991 (Public Law

20 102–240; 23 U.S.C. 154 note) is amended—

21 (A) by striking subsection (d); and

22 (B) by redesignating subsections (e), (f),

23 and (g) as subsections (d), (e), and (f), respec24 tively.
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1 (6) Section 157(d) of title 23, United States

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

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

4 Code, is amended to read as follows:

5 ‘‘(3) MOTOR VEHICLE.—The term ‘motor vehicle’

6 means any vehicle driven or drawn by mechanical

7 power manufactured primarily for use on public

8 highways, except any vehicle operated exclusively on

9 a rail or rails.’’.

10 SEC. 116. FEDERAL SHARE FOR BICYCLE TRANSPORTATION

11 FACILITIES AND PEDESTRIAN WALKWAYS.

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

13 amended by striking ‘‘80 percent’’ and inserting ‘‘deter14 mined in accordance with section 120(b)’’.

15 SEC. 117. REPEAL OF RESTRICTIONS ON TOLL FACILITIES.

16 (a) IN GENERAL.—Section 301 of title 23, United

17 States Code, is repealed.

18 (b) AUTHORIZATION FOR FEDERAL PARTICIPATION.—

19 Section 129(a)(1) of title 23, United States Code, is amend20 ed to read as follows:

21 ‘‘(1) AUTHORIZATION FOR FEDERAL PARTICIPA22 TION.—Subject to the other provisions of this section,

23 the Secretary shall permit Federal participation in

24 Federal-aid projects involving toll highways, bridges,

25 and tunnels on the same basis and in the same man-
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1 ner as in the construction of free highways under this

2 chapter.’’.

3 (c) CONFORMING AMENDMENTS.—

4 (1) Section 129 of title 23, United States Code,

5 is amended—

6 (A) in subsection (b), by striking ‘‘Notwith7 standing the provisions of section 301 of this

8 title, the’’ and inserting ‘‘The’’; and

9 (B) in subsection (c), by striking ‘‘Notwith10 standing section 301 of this title, the’’ and in11 serting ‘‘The’’.

12 (2) The analysis for chapter 3 of title 23, United

13 States Code, is amended by striking the item relating

14 to section 301.

15 SEC. 118. SUSPENSION OF MANAGEMENT SYSTEMS.

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

17 amended—

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

19 following:

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

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

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

23 under this section. The Secretary may not impose any sanc24 tion on, or withhold any benefit from, a State on the basis

25 of such an election.’’; and
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1 (2) in subsection (f)—

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

3 Not’’ and inserting the following:

4 ‘‘(f) REPORTS.—

5 ‘‘(1) ANNUAL REPORTS.—Not’’; and

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

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

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

9 with States, shall transmit to Congress a report on

10 the management systems required under this section

11 that makes recommendations as to whether, to what

12 extent, and how the management systems should be

13 implemented.’’.

14 SEC. 119. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

15 (a) IMPROVED COLLABORATION IN INTELLIGENT VE16 HICLE-HIGHWAY SYSTEMS RESEARCH AND DEVELOP17 MENT.—Section 6054 of the Intermodal Surface Transpor18 tation Efficiency Act of 1991 (Public Law 102–240; 23

19 U.S.C. 307 note) is amended by adding at the end the fol20 lowing:

21 ‘‘(e) COLLABORATIVE RESEARCH AND DEVELOP22 MENT.—In carrying out this part, the Secretary may carry

23 out collaborative research and development in accordance

24 with section 307(a)(2) of title 23, United States Code.’’.
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1 (b) TIME LIMIT FOR OBLIGATION OF FUNDS FOR IN2 TELLIGENT VEHICLE-HIGHWAY SYSTEMS PROJECTS.—Sec3 tion 6058 of the Intermodal Surface Transportation Effi4 ciency Act of 1991 (Public Law 102–240; 23 U.S.C. 307

5 note) is amended by adding at the end the following:

6 ‘‘(f) OBLIGATION OF FUNDS.—

7 ‘‘(1) IN GENERAL.—Funds made available pur8 suant to subsections (a) and (b) after the date of en9 actment of this subsection, and other funds made

10 available after that date to carry out specific intel11 ligent vehicle-highway systems projects, shall be obli12 gated not later than the last day of the fiscal year fol13 lowing the fiscal year with respect to which the funds

14 are made available.

15 ‘‘(2) REALLOCATION OF FUNDS.—If funds de16 scribed in paragraph (1) are not obligated by the date

17 described in the paragraph, the Secretary may make

18 the funds available to carry out any other activity

19 with respect to which funds may be made available

20 under subsection (a) or (b).’’.

21 SEC. 120. DONATIONS OF FUNDS, MATERIALS, OR SERVICES

22 FOR FEDERALLY ASSISTED ACTIVITIES.

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

24 amended—
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1 (1) by redesignating subsection (c) as subsection

2 (d); and

3 (2) by inserting after subsection (b) the follow4 ing:

5 ‘‘(c) CREDIT FOR DONATIONS OF FUNDS, MATERIALS,

6 OR SERVICES.—Nothing in this title or any other law shall

7 prevent a person from offering to donate funds, materials,

8 or services in connection with an activity eligible for Fed9 eral assistance under this title. In the case of such an activ10 ity with respect to which the Federal Government and the

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

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

13 are accepted and incorporated into the activity by the State

14 highway agency shall be credited against the State share.’’.

15 SEC. 121. METRIC CONVERSION OF TRAFFIC CONTROL

16 SIGNS.

17 Notwithstanding section 3(2) of the Metric Conversion

18 Act of 1975 (15 U.S.C. 205b(2)) or any other law, no State

19 shall be required to—

20 (1) erect any highway sign that establishes any

21 speed limit, distance, or other measurement using the

22 metric system; or

23 (2) modify any highway sign that establishes

24 any speed limit, distance, or other measurement so

25 that the sign uses the metric system.
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1 SEC. 122. IDENTIFICATION OF HIGH PRIORITY CORRIDORS.

2 Section 1105(c) of the Intermodal Surface Transpor3 tation Efficiency Act of 1991 (Pub. L. 102–240; 105 Stat.

4 2032) is amended—

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

6 following:

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

8 Charleston, South Carolina, through Winston-Salem,

9 North Carolina, to Portsmouth, Ohio, to Cincinnati,

10 Ohio, and Detroit, Michigan.

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

12 Corridor shall generally follow—

13 ‘‘(I) United States Route 220 from the Vir14 ginia-North Carolina border to I–581 south of

15 Roanoke;

16 ‘‘(II) I–581 to I–81 in the vicinity of Roa17 noke;

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

19 demonstrate intelligent vehicle-highway systems

20 authorized by item 29 of the table in section

21 1107(b) in the vicinity of Christiansburg to

22 United States Route 460 in the vicinity of

23 Blacksburg; and

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

25 Virginia State line.
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1 ‘‘(ii) In the States of West Virginia, Kentucky,

2 and Ohio, the Corridor shall generally follow—

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

4 Virginia State line to United States Route 52 at

5 Bluefield, West Virginia; and

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

7 States Route 23 at Portsmouth, Ohio.

8 ‘‘(iii) In the State of North Carolina, the Cor9 ridor shall generally follow—

10 ‘‘(I) in the case of I–73—

11 ‘‘(aa) United States Route 220 from

12 the Virginia State line to State Route 68 in

13 the vicinity of Greensboro;

14 ‘‘(bb) State Route 68 to I–40;

15 ‘‘(cc) I–40 to United States Route 220

16 in Greensboro;

17 ‘‘(dd) United States Route 220 to

18 United States Route 74 near Rockingham;

19 ‘‘(ee) United States Route 74 to United

20 States Route 76 near Whiteville;

21 ‘‘(ff) United States Route 74/76 to

22 United States Route 17 near Calabash; and

23 ‘‘(gg) United States Route 17 to the

24 South Carolina State line; and

25 ‘‘(II) in the case of I–74—
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1 ‘‘(aa) I–77 from Bluefield, West Vir2 ginia, to the junction of I–77 and the Unit3 ed States Route 52 connector in Surry

4 County, North Carolina;

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

6 connector to United States Route 52 south

7 of Mount Airy, North Carolina;

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

9 States Route 311 in Winston-Salem, North

10 Carolina; and

11 ‘‘(dd) United States Route 311 to

12 United States Route 220 in the vicinity of

13 Randleman, North Carolina.

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

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

16 System shall be designated as a route included in the

17 Interstate System, at such time as the Secretary de18 termines that the route segment—

19 ‘‘(I) meets Interstate System design stand20 ards approved by the Secretary under section

21 109(b) of title 23, United States Code; and

22 ‘‘(II) meets the criteria for designation pur23 suant to section 139 of title 23, United States

24 Code, except that the determination shall be

25 made without regard to whether the route seg-
36

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1 ment is a logical addition or connection to the

2 Interstate System.’’; and

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

4 ‘‘(22) The Alameda Transportation Corridor

5 along Alameda Street from the entrance to the ports

6 of Los Angeles and Long Beach to Interstate 10, Los

7 Angeles, California.

8 ‘‘(23) The Interstate Route 35 Corridor from La9 redo, Texas, through Oklahoma City, Oklahoma, to

10 Wichita, Kansas, to Kansas City, Kansas/Missouri, to

11 Des Moines, Iowa, to Minneapolis, Minnesota, to Du12 luth, Minnesota.’’.

13 SEC. 123. REVISION OF AUTHORITY FOR INNOVATIVE

14 PROJECT IN FLORIDA.

15 Item 196 of the table in section 1107(b) of the Inter16 modal Surface Transportation Efficiency Act of 1991 (Pub17 lic Law 102–240; 105 Stat. 2058) is amended—

18 (1) by striking ‘‘Orlando,’’; and

19 (2) by striking ‘‘Land & right-of-way acquisition

20 & guideway construction for magnetic limitation

21 project’’ and inserting ‘‘1 or more regionally signifi22 cant, intercity ground transportation projects’’.
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1 SEC. 124. REVISION OF AUTHORITY FOR PRIORITY INTER2 MODAL PROJECT IN CALIFORNIA.

3 Item 31 of the table in section 1108(b) of the Inter4 modal Surface Transportation Efficiency Act of 1991 (Pub5 lic Law 102–240; 105 Stat. 2062) is amended by striking

6 ‘‘To improve ground access from Sepulveda Blvd. to Los

7 Angeles, California’’ and inserting the following: ‘‘For the

8 Los Angeles International Airport central terminal ramp

9 access project, $3,500,000; for the widening of Aviation

10 Boulevard south of Imperial Highway, $3,500,000; for the

11 widening of Aviation Boulevard north of Imperial High12 way, $1,000,000; and for transportation systems manage13 ment improvements in the vicinity of the Sepulveda Boule14 vard/Los Angeles International Airport tunnel, $950,000’’.

15 SEC. 125. NATIONAL RECREATIONAL TRAILS FUNDING PRO16 GRAM.

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

18 Intermodal Surface Transportation Efficiency Act of 1991

19 (16 U.S.C. 1261) is amended—

20 (1) by redesignating subsection (g) as subsection

21 (i); and

22 (2) by inserting after subsection (f) the following:

23 ‘‘(g) CONTRACT AUTHORITY.—Funds authorized to be

24 appropriated under this section shall be available for obli25 gation in the manner as if the funds were apportioned

26 under title 23, United States Code, except that the Federal
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1 share of any project under this section shall be determined

2 in accordance with this section and shall not be subject to

3 any limitation on obligation applicable generally to the

4 Federal-aid highway program.

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

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

7 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

8 (1) IN GENERAL.—Section 1302 of the Inter9 modal Surface Transportation Efficiency Act of 1991

10 (16 U.S.C. 1261) is amended—

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

12 the following:

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

14 receive moneys under this part if—

15 ‘‘(1) the Governor of the State has designated the

16 State agency responsible for administering allocations

17 under this section;

18 ‘‘(2) the State proposes to obligate and ulti19 mately obligates any allocations received in accord20 ance with subsection (e); and

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

22 which both motorized and nonmotorized recreational

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

24 (B) in subsection (d), by striking paragraph

25 (3);
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1 (C) in subsection (e)—

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

3 (8)(B), by striking ‘‘(c)(2)(A) of this sec4 tion’’ and inserting ‘‘(c)(3)’’; and

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

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

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

8 subsection (a)(1)), by striking paragraph (1) and

9 inserting the following:

10 ‘‘(1) ELIGIBLE STATE.—The term ‘eligible State’

11 means a State (as defined in section 101 of title 23,

12 United States Code) that meets the requirements of

13 subsection (c).’’.

14 (2) Section 104 of title 23, United States Code,

15 is amended—

16 (A) by redesignating subsection (h) as sub17 section (i); and

18 (B) by inserting after subsection (g) the fol19 lowing:

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

21 The Secretary shall expend, from administrative funds de22 ducted under subsection (a), to carry out section 1302 of

23 the Intermodal Surface Transportation Efficiency Act of

24 1991 (16 U.S.C. 1261) $15,000,000 for each of fiscal years

25 1996 and 1997.’’.
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1 (3) Section 9511(c) of the Trust Fund Code of

2 1981 is amended by striking ‘‘, as provided in appro3 priation Acts,’’.

4 SEC. 126. INTERMODAL FACILITY IN NEW YORK.

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

6 shall make grants to the National Railroad Passenger Cor7 poration for—

8 (1) engineering, design, and construction activi9 ties to permit the James A. Farley Post Office in New

10 York, New York, to be used as an intermodal trans11 portation facility and commercial center; and

12 (2) necessary improvements to and redevelop13 ment of Pennsylvania Station and associated service

14 buildings in New York, New York.

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

16 authorized to be appropriated to carry out this section a

17 total of $69,500,000 for fiscal years following fiscal year

18 1995, to remain available until expended.

19 SEC. 127. CLARIFICATION OF ELIGIBILITY.

20 The improvements to, or adjacent to, the main line of

21 the National Railroad Passenger Corporation between mile22 post 190.23 at Central Falls, Rhode Island, and milepost

23 168.53 at Davisville, Rhode Island, that are necessary to

24 support the rail movement of freight shall be eligible for
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1 funding under sections 103(e)(4), 104(b), and 144 of title

2 23, United States Code.

3 SEC. 128. BRISTOL, RHODE ISLAND, STREET MARKING.

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

5 center line in the Main Street of Bristol, Rhode Island, shall

6 be deemed to comply with the requirements of section 3B–

7 1 of the Manual on Uniform Traffic Control Devices of the

8 Department of Transportation.

9 SEC. 129. PUBLIC USE OF REST AREAS.

10 Notwithstanding section 111 of title 23, United States

11 Code, or any project agreement under the section, the Sec12 retary of Transportation shall permit the conversion of any

13 safety rest area adjacent to Interstate Route 95 within the

14 State of Rhode Island that was closed as of May 1, 1995,

15 to use as a motor vehicle emissions testing facility. At the

16 option of the State, vehicles shall be permitted to gain access

17 to and from any such testing facility directly from Inter18 state Route 95.

19 SEC. 130. COLLECTION OF TOLLS TO FINANCE CERTAIN EN20 VIRONMENTAL PROJECTS IN FLORIDA.

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

22 States Code, on request of the Governor of the State of Flor23 ida, the Secretary of Transportation shall modify the agree24 ment entered into with the transportation department of

25 the State and described in section 129(a)(3) of the title to
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1 permit the collection of tolls to liquidate such indebtedness

2 as may be incurred to finance any cost associated with a

3 feature of an environmental project that is carried out

4 under State law and approved by the Secretary of the Inte5 rior.

6 SEC. 131. HOURS OF SERVICE OF DRIVERS OF GROUND

7 WATER WELL DRILLING RIGS.

8 (a) DEFINITIONS.—In this section:

9 (1) 8 CONSECUTIVE DAYS.—The term ‘‘8 consecu10 tive days’’ means the period of 8 consecutive days be11 ginning on any day at the time designated by the

12 motor carrier for a 24-hour period.

13 (2) 24-HOUR PERIOD.—The term ‘‘24-hour pe14 riod’’ means any 24-consecutive-hour period begin15 ning at the time designated by the motor carrier for

16 the terminal from which the driver is normally dis17 patched.

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

19 term ‘‘ground water well drilling rig’’ means any ve20 hicle, machine, tractor, trailer, semi-trailer, or spe21 cialized mobile equipment propelled or drawn by me22 chanical power and used on highways to transport

23 water well field operating equipment, including water

24 well drilling and pump service rigs equipped to access

25 ground water.
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1 (b) GENERAL RULE.—In the case of a driver of a com2 mercial motor vehicle subject to regulations prescribed by

3 the Secretary of Transportation under sections 31136 and

4 31502 of title 49, United States Code, who is used primarily

5 in the transportation and operation of a ground water well

6 drilling rig, for the purpose of the regulations, any period

7 of 8 consecutive days may end with the beginning of an

8 off-duty period of 24 or more consecutive hours.

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

10 monitor the commercial motor vehicle safety performance

11 of drivers of ground water well drilling rigs. If the Sec12 retary determines that public safety has been adversely af13 fected by the general rule established by subsection (b), the

14 Secretary shall report to Congress on the determination.

15 TITLE II—NATIONAL CAPITAL

16 REGION INTERSTATE TRANS17 PORTATION AUTHORITY

18 SEC. 201. SHORT TITLE.

19 This title may be cited as the ‘‘National Capital Re20 gion Interstate Transportation Authority Act of 1995’’.

21 SEC. 202. FINDINGS.

22 Congress finds that—

23 (1) traffic congestion imposes serious economic

24 burdens on the metropolitan Washington, D.C., area,

25 costing each commuter an estimated $1,000 per year;
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1 (2) the volume of traffic in the metropolitan

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

3 more than 70 percent between 1990 and 2020;

4 (3) the deterioration of the Woodrow Wilson Me5 morial Bridge and the growing population of the met6 ropolitan Washington, D.C., area contribute signifi7 cantly to traffic congestion;

8 (4) the Bridge serves as a vital link in the Inter9 state System and in the Northeast corridor;

10 (5) identifying alternative methods for main11 taining this vital link of the Interstate System is crit12 ical to addressing the traffic congestion of the area;

13 (6) the Bridge is—

14 (A) the only drawbridge in the metropolitan

15 Washington, D.C., area on the Interstate System;

16 (B) the only segment of the Capital Beltway

17 with only 6 lanes; and

18 (C) the only segment of the Capital Beltway

19 with a remaining expected life of less than 10

20 years;

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

22 System owned by the Federal Government;

23 (8)(A) the Bridge was constructed by the Federal

24 Government;
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1 (B) prior to the date of enactment of this Act,

2 the Federal Government has contributed 100 percent

3 of the cost of building and rehabilitating the Bridge;

4 and

5 (C) the Federal Government has a continuing re6 sponsibility to fund future costs associated with the

7 upgrading of the Interstate Route 95 crossing, includ8 ing the rehabilitation and reconstruction of the

9 Bridge;

10 (9) the Woodrow Wilson Bridge Coordination

11 Committee, established by the Federal Highway Ad12 ministration and comprised of representatives of Fed13 eral, State, and local governments, is undertaking

14 planning studies pertaining to the Bridge, consistent

15 with the National Environmental Policy Act of 1969

16 (42 U.S.C. 4321 et seq.) and other applicable Federal

17 laws;

18 (10) the transfer of ownership of the Bridge to a

19 regional entity under the terms and conditions de20 scribed in this title would foster regional transpor21 tation planning efforts to identify solutions to the

22 growing problem of traffic congestion on and around

23 the Bridge;

24 (11) any material change to the Bridge must

25 take into account the interests of nearby communities,
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1 the commuting public, Federal, State, and local gov2 ernment organizations, and other affected groups; and

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

4 local officials and transportation representatives has

5 recommended to the Secretary of Transportation that

6 the Bridge be transferred to an independent authority

7 to be established by the Capital Region jurisdictions.

8 SEC. 203. PURPOSES.

9 The purposes of this title are—

10 (1) to grant consent to the Commonwealth of

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

12 Columbia to establish the National Capital Region

13 Interstate Transportation Authority; and

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

15 Bridge to the Authority for the purposes of owning,

16 constructing, maintaining, and operating a bridge or

17 tunnel or a bridge and tunnel project across the Poto18 mac River.

19 SEC. 204. DEFINITIONS.

20 In this title:

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

22 the National Capital Region Interstate Transpor23 tation Authority authorized by this title and by simi24 lar enactment by each of the Capital Region jurisdic25 tions.
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1 (2) AUTHORITY FACILITY.—The term ‘‘Authority

2 facility’’ means—

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

4 of enactment of this Act);

5 (B) any southern Capital Beltway crossing

6 of the Potomac River constructed in the vicinity

7 of the Bridge after the date of enactment of this

8 Act; or

9 (C) any building, improvement, addition,

10 extension, replacement, appurtenance, land, in11 terest in land, water right, air right, franchise,

12 machinery, equipment, furnishing, landscaping,

13 easement, utility, approach, roadway, or other

14 facility necessary or desirable in connection with

15 or incidental to a facility described in subpara16 graph (A) or (B).

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

18 of directors of the Authority established under section

19 206.

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

21 Woodrow Wilson Memorial Bridge across the Potomac

22 River.

23 (5) CAPITAL REGION JURISDICTION.—The term

24 ‘‘Capital Region jurisdiction’’ means—

25 (A) the Commonwealth of Virginia;
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1 (B) the State of Maryland; or

2 (C) the District of Columbia.

3 (6) INTERSTATE SYSTEM.—The term ‘‘Interstate

4 System’’ means the Dwight D. Eisenhower National

5 System of Interstate and Defense Highways des6 ignated under section 103(e) of title 23, United States

7 Code.

8 (7) NATIONAL CAPITAL REGION.—The term ‘‘Na9 tional Capital Region’’ means the region consisting of

10 the metropolitan areas of—

11 (A)(i) the cities of Alexandria, Fairfax, and

12 Falls Church, Virginia; and

13 (ii) the counties of Arlington and Fairfax,

14 Virginia, and the political subdivisions of the

15 Commonwealth of Virginia located in the coun16 ties;

17 (B) the counties of Montgomery and Prince

18 Georges, Maryland, and the political subdivi19 sions of the State of Maryland located in the

20 counties; and

21 (C) the District of Columbia.

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

23 the Secretary of Transportation.
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1 SEC. 205. ESTABLISHMENT OF AUTHORITY.

2 (a) CONSENT TO AGREEMENT.—Congress grants con3 sent to the Commonwealth of Virginia, the State of Mary4 land, and the District of Columbia to enter into an inter5 state agreement or compact to establish the National Cap6 ital Region Interstate Transportation Authority in accord7 ance with this title.

8 (b) ESTABLISHMENT OF AUTHORITY.—

9 (1) IN GENERAL.—On execution of the interstate

10 agreement or compact described in subsection (a), the

11 Authority shall be considered to be established.

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

13 a body corporate and politic, independent of all other

14 bodies and jurisdictions, having the powers and juris15 diction described in this title and such additional

16 powers as are conferred on the Authority by the Cap17 ital Region jurisdictions, to the extent that the addi18 tional powers are consistent with this title.

19 SEC. 206. GOVERNMENT OF AUTHORITY.

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

21 accordance with this section and with the terms of any

22 interstate agreement or compact relating to the Authority

23 that is consistent with this title.

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

25 board of directors consisting of 12 members appointed by
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1 the Capital Region jurisdictions and 1 member appointed

2 by the Secretary.

3 (c) QUALIFICATIONS.—One member of the Board shall

4 have an appropriate background in finance, construction

5 lending, or infrastructure policy.

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

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

8 (e) SECRETARY AND TREASURER.—The Board may—

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

10 or a secretary-treasurer, without regard to whether

11 the individual is a member of the Board; and

12 (2) prescribe the powers and duties of the sec13 retary and treasurer, or the secretary-treasurer.

14 (f) TERMS.—

15 (1) IN GENERAL.—Except as provided in para16 graph (2), a member of the Board shall serve for a

17 6-year term, and shall continue to serve until the suc18 cessor of the member has been appointed in accord19 ance with this subsection.

20 (2) INITIAL APPOINTMENTS.—

21 (A) BY CAPITAL REGION JURISDICTIONS.—

22 Members initially appointed to the Board by a

23 Capital Region jurisdiction shall be appointed

24 for the following terms:
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1 (i) 1 member shall be appointed for a

2 6-year term.

3 (ii) 1 member shall be appointed for a

4 4-year term.

5 (iii) 2 members shall each be appointed

6 for a 2-year term.

7 (B) BY SECRETARY.—The member of the

8 Board appointed by the Secretary shall be ap9 pointed for a 6-year term.

10 (3) FAILURE TO APPOINT.—The failure of a Cap11 ital Region jurisdiction to appoint 1 or more mem12 bers of the Board, as provided in this subsection, shall

13 not impair the establishment of the Authority if the

14 condition of the establishment described in section

15 205(b)(1) has been met.

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

17 person appointed to fill a vacancy on the Board shall

18 serve for the unexpired term.

19 (5) REAPPOINTMENTS.—A member of the Board

20 shall be eligible for reappointment for 1 additional

21 term.

22 (6) PERSONAL LIABILITY OF MEMBERS.—A

23 member of the Board, including any nonvoting mem24 ber, shall not be personally liable for—
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1 (A) any action taken in the capacity of the

2 member as a member of the Board; or

3 (B) any note, bond, or other financial obli4 gation of the Authority.

5 (7) QUORUM.—

6 (A) IN GENERAL.—Subject to subparagraph

7 (B), for the purpose of carrying out the business

8 of the Authority, 7 members of the Board shall

9 constitute a quorum.

10 (B) APPROVAL OF BOND ISSUES AND BUDG11 ET.—Eight affirmative votes of the members of

12 the Board shall be required to approve bond is13 sues and the annual budget of the Authority.

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

15 shall serve without compensation and shall reside

16 within a Capital Region jurisdiction.

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

18 entitled to reimbursement for the expenses of the mem19 ber incurred in attending a meeting of the Board or

20 while otherwise engaged in carrying out the duties of

21 the Board.

22 SEC. 207. OWNERSHIP OF BRIDGE.

23 (a) CONVEYANCE BY SECRETARY.—

24 (1) IN GENERAL.—After the Capital Region ju25 risdictions enter into the agreement described in sub-
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1 section (c), the Secretary shall convey all right, title,

2 and interest of the Department of Transportation in

3 and to the Bridge to the Authority. Except as pro4 vided in paragraph (2), upon conveyance by the Sec5 retary, the Authority shall accept the right, title, and

6 interest in and to the Bridge, and all duties and re7 sponsibilities associated with the Bridge.

8 (2) INTERIM RESPONSIBILITIES.—Until such

9 time as a new crossing of the Potomac River described

10 in section 208 is constructed and operational, the con11 veyance under paragraph (1) shall in 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 the

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

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

25 land under or adjacent to the Bridge as is necessary to
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1 carry out section 208. Upon conveyance by the Secretary

2 of the Interior, the Authority shall accept the right, title,

3 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 out

9 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 an

13 enhanced southern Capital Beltway crossing of the Potomac

14 River that serves the traffic corridor of the Bridge (as in

15 existence on the date of enactment of this Act), in accord16 ance with the recommendations in the final environmental

17 impact statement prepared by the Secretary. The Authority

18 shall have the sole responsibility for the ownership, con19 struction, operation, and maintenance of a new crossing of

20 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 under

25 any interstate agreement or compact relating to the Author-
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1 ity that is consistent with this title, the Authority shall have

2 all powers necessary and appropriate to carry out the du3 ties 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 Author6 ity and the conduct of the business of the Authority;

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

8 necessary to carry out the powers of the Authority;

9 (3) subject to section 207(a)(2), to plan, estab10 lish, finance, operate, develop, construct, enlarge,

11 maintain, equip, or protect the Bridge or a new cross12 ing of the Potomac River described in section 208;

13 (4) to employ, in the discretion of the Authority,

14 a consulting engineer, attorney, accountant, construc15 tion or financial expert, superintendent, or manager,

16 or such other employee or agent as is necessary, and

17 to fix the compensation and benefits of the employee

18 or agent, except that—

19 (A) an employee of the Authority shall not

20 engage in an activity described in section

21 7116(b)(7) of title 5, United States Code, with

22 respect to the Authority; and

23 (B) an employment agreement entered into

24 by the Authority shall contain an explicit prohi25 bition against an activity described in subpara-
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1 graph (A) with respect to the Authority by an

2 employee covered by the agreement;

3 (5) to—

4 (A) acquire personal and real property (in5 cluding land lying under water and riparian

6 rights), or any easement or other interest in real

7 property, by purchase, lease, gift, transfer, or ex8 change; and

9 (B) exercise such powers of eminent domain

10 in the Capital Region jurisdictions as are con11 ferred on the Authority by the Capital Region

12 jurisdictions, in the exercise of the powers and

13 the performance of the duties of the Authority;

14 (6) to apply for and accept any property, mate15 rial, service, payment, appropriation, grant, gift,

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

17 made available to the Authority by the Federal Gov18 ernment or by any other public or private entity or

19 individual;

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

21 issue notes of the Authority for the borrowing payable

22 on such terms and conditions as the Board considers

23 advisable, and to issue bonds in the discretion of the

24 Authority for any purpose consistent with this title,

25 which notes and bonds—
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1 (A) shall not constitute a debt of the United

2 States, a Capital Region jurisdiction, or any po3 litical subdivision of the United States or a Cap4 ital Region jurisdiction;

5 (B) may be secured solely by the general

6 revenues of the Authority, or solely by the income

7 and revenues of the Bridge or a new crossing of

8 the Potomac River described in section 208; and

9 (C) shall be exempt as to principal and in10 terest from all taxation (except estate and gift

11 taxes) by the United States;

12 (8) to fix, revise, charge, and collect any reason13 able toll or other charge;

14 (9) to enter into any contract or agreement nec15 essary or appropriate to the performance of the duties

16 of the Authority or the proper operation of the Bridge

17 or a new crossing of the Potomac River described in

18 section 208;

19 (10) to make any payment necessary to reim20 burse a local political subdivision having jurisdiction

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

22 the Potomac River is situated for any extraordinary

23 law enforcement cost incurred by the subdivision in

24 connection with the Authority facility;
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1 (11) to enter into partnerships or grant conces2 sions between the public and private sectors for the

3 purpose of—

4 (A) financing, constructing, maintaining,

5 improving, or operating the Bridge or a new

6 crossing of the Potomac River described in sec7 tion 208; or

8 (B) fostering development of a new trans9 portation technology;

10 (12) to obtain any necessary Federal authoriza11 tion, permit, or approval for the construction, repair,

12 maintenance, or operation of the Bridge or a new

13 crossing of the Potomac River described in section

14 208;

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

16 as the Board considers appropriate;

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

18 (15) to sue and be sued in the name of the Au19 thority; and

20 (16) to carry out any activity necessary or ap21 propriate to the exercise of the powers or performance

22 of the duties of the Authority under this title and

23 under any interstate agreement or compact relating

24 to the Authority that is consistent with this title, if

25 the activity is coordinated and consistent with the
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1 transportation planning process implemented by the

2 metropolitan planning organization for the Washing3 ton, District of Columbia, metropolitan area under

4 section 134 of title 23, United States Code, and sec5 tion 5303 of title 49, United States Code.

6 SEC. 210. FUNDING.

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

8 Code (as amended by section 125(b)(2)(A)), is further

9 amended—

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

11 striking ‘‘subsection (f) of this section’’ and inserting

12 ‘‘subsections (f) and (i)’’;

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

14 (j); and

15 (3) by inserting before subsection (j) the follow16 ing:

17 ‘‘(i) WOODROW WILSON MEMORIAL BRIDGE.—Before

18 making an apportionment of funds under subsection (b),

19 the Secretary shall set aside $17,550,000 for fiscal year

20 1996 and $80,050,000 for fiscal year 1997 for the rehabili21 tation of the Woodrow Wilson Memorial Bridge and for the

22 planning, preliminary design, engineering, and acquisition

23 of a right-of-way for, and construction of, a new crossing

24 of the Potomac River.’’.
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1 (b) APPLICABILITY OF TITLE 23.—Funds made avail2 able under this section shall be available for obligation in

3 the manner provided for funds apportioned under chapter

4 1 of title 23, United States Code, except that—

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

6 funded under this section shall be 100 percent; and

7 (2) the funds made available under this section

8 shall remain available until expended.

9 (c) STUDY.—Not later than May 31, 1997, the Sec10 retary, in consultation with each of the Capital Region ju11 risdictions, shall prepare and submit to Congress a report

12 identifying the necessary Federal share of the cost of the

13 activities to be carried out under section 208.

14 (d) DISTRIBUTION OF OBLIGATION AUTHORITY.—Sec15 tion 1002(e)(3) of the Intermodal Surface Transportation

16 Efficiency Act of 1991 (Public Law 102–240; 23 U.S.C. 104

17 note) is amended by inserting before the period at the end

18 the following: ‘‘and the National Capital Region Interstate

19 Transportation Authority Act of 1995’’.

20 (e) REMOVAL OF ISTEA AUTHORIZATION FOR BRIDGE

21 REHABILITATION.—Section 1069 of the Intermodal Surface

22 Transportation Efficiency Act of 1991 (Public Law 102–

23 240; 105 Stat. 2009) is amended by striking subsection (i).
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1 SEC. 211. AVAILABILITY OF PRIOR AUTHORIZATIONS.

2 In addition to the funds made available under section

3 210, any funds made available for the rehabilitation of the

4 Bridge under sections 1069(i) and 1103(b) of the Inter5 modal Surface Transportation Efficiency Act of 1991 (Pub6 lic Law 102–240; 105 Stat. 2009 and 2028) (as in effect

7 prior to the amendment made by section 210(e)) shall con8 tinue to be available after the conveyance of the Bridge to

9 the Authority under section 207(a), in accordance with the

10 terms under which the funds were made available under

11 the Act.

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