II

103D CONGRESS

2D SESSION S. 2474

To amend the Intermodal Surface Transportation Efficiency Act of 1991

to improve the national recreational trails funding program, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 29 (legislative day, SEPTEMBER 12), 1994

Mr. CAMPBELL (for himself, Mr. CRAIG, Mr. KEMPTHORNE, Mr. LEAHY, and

Mr. BURNS) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To amend the Intermodal Surface Transportation Efficiency

Act of 1991 to improve the national recreational trails

funding program, 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.

4 This Act may be cited as the ‘‘National Recreational

5 Trails Act of 1994’’.

6 SEC. 2. ELIGIBILITIES.

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

8 Intermodal Surface Transportation Efficiency Act of 1991

9 (16 U.S.C. 1261(c)) is amended—
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1 (1) by striking ‘‘Act’’ each place it appears and

2 inserting ‘‘part’’;

3 (2) in paragraph (2)—

4 (A) by striking subparagraph (B); and

5 (B) by redesignating subparagraphs (C)

6 and (D) as subparagraphs (B) and (C), respec7 tively; and

8 (3) by adding at the end the following new

9 paragraph:

10 ‘‘(3) SIXTH-YEAR PROVISION.—Beginning on

11 the date that is 5 years after the date of enactment

12 of this part, a State shall be eligible to receive mon13 eys under this part for a fiscal year only if the State

14 agrees to expend, for the fiscal year, from non-Fed15 eral sources for carrying out projects under this part

16 an amount equal to 20 percent of the amount re17 ceived by the State under this part for the fiscal

18 year.’’.

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

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

21 (1) by striking ‘‘(1) ADMINISTRATIVE COSTS.—

22 No more’’ and inserting the following:

23 ‘‘(1) ADMINISTRATIVE COSTS.—

24 ‘‘(A) IN GENERAL.—No more’’;
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1 (2) by striking ‘‘(A) approving’’ and inserting

2 the following:

3 ‘‘(i) approving’’;

4 (3) by striking ‘‘(B) paying’’ and inserting the

5 following:

6 ‘‘(ii) paying’’;

7 (4) by striking subparagraph (C) and inserting

8 the following new clause:

9 ‘‘(iii) contracting for services with

10 other land management agencies; and’’;

11 (5) by striking ‘‘(D) if’’ and inserting the fol12 lowing:

13 ‘‘(iv) if’’; and

14 (6) by adding at the end the following new sub15 paragraph:

16 ‘‘(B) NATIONAL SURVEY.—Amounts in the

17 Fund may be used to pay the cost to the Sec18 retary for conducting 1 national survey of non19 highway recreational fuel consumption by State,

20 for use in making determinations and esti21 mations pursuant to this part.’’.

22 (c) ENVIRONMENTAL MITIGATION.—Section 1302(e)

23 of such Act (16 U.S.C. 1261(e)) is amended—

24 (1) by redesignating paragraphs (5) through

25 (8) as paragraphs (6) through (9), respectively; and
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1 (2) by inserting after paragraph (4) the follow2 ing new paragraph:

3 ‘‘(5) ENVIRONMENTAL MITIGATION.—

4 ‘‘(A) REQUIREMENT.—To the extent prac5 ticable and consistent with other requirements

6 of this section, in complying with paragraph

7 (4), a State shall give priority to project propos8 als that provide for the redesign, reconstruc9 tion, nonroutine maintenance, or relocation of

10 trails in order to mitigate and minimize the im11 pact to the natural environment.

12 ‘‘(B) COMPLIANCE.—The State shall re13 ceive guidance for determining compliance with

14 subparagraph (A) from the recreational trail

15 advisory board of the State that meets the re16 quirements of subsection (c)(2)(A).’’.

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

18 (16 U.S.C. 1261(e)(7)) (as redesignated by subsection

19 (c)(1)(A)) is further amended—

20 (1) by striking ‘‘(7) SMALL STATE EXCLU21 SION.—Any State’’ and inserting the following:

22 ‘‘(7) EXCLUSIONS.—

23 ‘‘(A) SMALL STATE.—Any State’’; and

24 (2) by adding at the end the following new sub25 paragraph:
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1 ‘‘(B) BEST INTEREST OF A STATE.—A

2 State that determines based on trail needs iden3 tified in the Statewide Comprehensive Outdoor

4 Recreation Plan of the State referred to in sub5 section (b) that it is in the best interest of the

6 State to be exempt from the requirements of

7 paragraph (4) may apply to the Secretary for

8 such an exemption. Before approving or dis9 approving an application for such an exemption,

10 the Secretary shall publish in the Federal Reg11 ister notice of receipt of the application and

12 provide an opportunity for public comment on

13 the application.’’.

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

15 1302(e)(9)(B) of such Act (16 U.S.C. 1261(e)(9)(B)) (as

16 redesignated by subsection (c)(1)(A)) is further amend17 ed—

18 (1) by inserting ‘‘the State’’ before ‘‘may be ex19 empted’’; and

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

21 and all that follows before the period at the end.

22 (f) AUTHORIZATION OF APPROPRIATIONS.—Section

23 1302 of such Act (16 U.S.C. 1261) is amended—

24 (1) by redesignating subsection (g) as sub25 section (h); and
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1 (2) by inserting after subsection (f) the follow2 ing new subsection:

3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—

4 ‘‘(1) IN GENERAL.—There are authorized to be

5 appropriated from the Highway Trust Fund (other

6 than the Mass Transit Account) to carry out this

7 part $6,000,000 for fiscal year 1995.

8 ‘‘(2) APPLICABILITY OF TITLE 23.—Funds

9 made available under paragraph (1) shall be avail10 able for obligation in the same manner as funds that

11 were apportioned under chapter 1 of title 23, United

12 States Code, except that—

13 ‘‘(A) the Federal share of the cost of ac14 tivities conducted under this part shall be as

15 provided in this section;

16 ‘‘(B) the funds shall not be subject to any

17 obligation limitation other than subsection

18 (d)(3); and

19 ‘‘(C) the funds shall remain available until

20 expended.

21 ‘‘(3) TREATMENT.—Funds made available

22 under paragraph (1) shall be treated as if the funds

23 were part of the Fund for the purpose of making al24 locations to the States under subsection (d).’’.
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1 (g) ADVISORY COMMITTEE.—Section 1303(b) of such

2 Act (16 U.S.C. 1262(b)) is amended—

3 (1) by striking ‘‘11 members’’ and inserting

4 ‘‘12 members’’;

5 (2) by redesignating paragraphs (2), (3), and

6 (4) as paragraphs (3), (4), and (5), respectively; and

7 (3) by inserting after paragraph (1) the follow8 ing new paragraph:

9 ‘‘(2) 1 member appointed by the Secretary rep10 resenting individuals with disabilities;’’.

11 (h) CONFORMING AMENDMENTS.—

12 (1) Section 1302(e) of such Act (16 U.S.C.

13 1261(e)) is amended—

14 (A) in paragraph (4), by striking ‘‘para15 graphs (6) and (8)(B)’’ and inserting ‘‘para16 graphs (7) and (9)(B)’’; and

17 (B) in paragraph (6)(A)(i) (as redesig18 nated by subsection (c)(1)(A)), by striking

19 ‘‘(g)(5)’’ and inserting ‘‘(h)(5)’’.

20 (2) Section 1303(c) of such Act (16 U.S.C.

21 1262(c)) is amended by striking ‘‘(b)(2)’’ and insert22 ing ‘‘(b)(3)’’.

23 (3) Section 9511(b) of the Internal Revenue

24 Code of 1986 is amended by striking ‘‘1302(e)(8)’’

25 and inserting ‘‘1302(e)(9)’’.
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1 SEC. 3. OFFSETTING RESCISSIONS.

2 Effective October 1, 1994, each of the following unob3 ligated balances on September 30, 1994, of funds made

4 available for the following provisions of law is rescinded:

5 (1) $65,787.32 made available for section

6 131(c) of the Surface Transportation Assistance Act

7 of 1982 (Public Law 97–424; 96 Stat. 2120).

8 (2) $3,559,837 made available for section

9 149(a)(35) of the Surface Transportation and Uni10 form Relocation Assistance Act of 1987 (Public Law

11 100–17; 101 Stat. 187).

12 (3) $942,249 made available for section

13 149(a)(66) of such Act (Public Law 100–17; 101

14 Stat. 191).

15 (4) $797,800 made available for section

16 149(a)(100) of such Act (Public Law 100–17; 101

17 Stat. 195).

18 (5) $376,194.94 made available for section

19 149(a)(111)(C) of such Act (Public Law 100–17;

20 101 Stat. 196).

21 (6) $258,131.85 made available for section

22 149(a)(111)(L) of such Act (Public Law 100–17;

23 101 Stat. 197).

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