II

106TH CONGRESS

2D SESSION S. 2088

To amend the Clean Air Act and titles 23 and 49, United States Code,

to provide for continued authorization of funding of transportation

projects after a lapse in transportation conformity.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 23, 2000

Mr. CLELAND introduced the following bill; which was read twice and referred

to the Committee on Environment and Public Works

A BILL

To amend the Clean Air Act and titles 23 and 49, United

States Code, to provide for continued authorization of

funding of transportation projects after a lapse in transportation conformity.

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

3 SECTION 1. CONTINUED AUTHORIZATION OF FUNDING OF

4 TRANSPORTATION PROJECTS AFTER LAPSE

5 IN TRANSPORTATION CONFORMITY.

6 Section 176(c)(2) of the Clean Air Act (42 U.S.C

7 7506(c)(2)) is amended by adding at the end the fol8 lowing:
2

•S 2088 IS

1 ‘‘(E) CONTINUED AUTHORIZATION OF

2 FUNDING.—Notwithstanding subparagraphs (C)

3 and (D), any transportation project identified

4 for funding in a transportation plan and trans5 portation improvement program adopted under

6 section 134 of title 23 or sections 5303 through

7 5306 of title 49, United States Code, shall re8 main eligible for funding under title 23 or chap9 ter 53 of title 49, United States Code, as appli10 cable, after the long-range transportation plan

11 or transportation improvement program no

12 longer is in conformity as required by subpara13 graph (C)(i) or (D), if—

14 ‘‘(i) the long-range transportation

15 plan and transportation program met the

16 requirements of subsection (c) at the time

17 at which a project agreement for the trans18 portation project was approved under sec19 tion 106(a)(2) of title 23, United States

20 Code, or the project was otherwise ap21 proved for assistance under chapter 53 of

22 title 49, United States Code, as applicable;

23 ‘‘(ii) the transportation project is a

24 transportation control measure (as defined

25 in section 93.101 of title 40, Code of Fed-
3

•S 2088 IS

1 eral Regulations (as in effect on March 1,

2 1999));

3 ‘‘(iii) the transportation project quali4 fies for an exemption from the requirement

5 that the transportation project come from

6 a conforming metropolitan long-range

7 transportation plan and transportation im8 provement program under section 93.126

9 or 93.127 of title 40, Code of Federal Reg10 ulations (as in effect on March 1, 1999);

11 or

12 ‘‘(iv) the transportation project is ex13 empt from a prohibition on approval under

14 section 179(b)(1), except that this para15 graph shall not apply to a transportation

16 project described in section

17 179(b)(1)(B)(iv).’’.

18 SEC. 2. AMENDMENTS OF LONG-RANGE TRANSPORTATION

19 PLANS AND TRANSPORTATION IMPROVE20 MENT PROGRAMS NOT CONFORMING TO AP21 PLICABLE IMPLEMENTATION PLANS.

22 (a) TRANSPORTATION PLANS.—Section 134 of title

23 23, United States Code, is amended by adding at the end

24 the following:
4

•S 2088 IS

1 ‘‘(p) AMENDMENTS OF PLANS AND PROGRAMS NOT

2 CONFORMING TO APPLICABLE IMPLEMENTATION

3 PLANS.—Notwithstanding any other provision of law, a

4 long-range transportation plan or transportation improve5 ment program under this section that no longer conforms

6 to the applicable implementation plan under section

7 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) and part

8 93 of title 40, Code of Federal Regulations (or a successor

9 regulation), may be amended without a demonstration of

10 conformity if the amendment is solely for the purpose of

11 adding a transportation project—

12 ‘‘(1) for which the State submits to the Admin13 istrator of the Environmental Protection Agency a

14 request for approval as a transportation control

15 measure (as defined in section 93.101 of title 40,

16 Code of Federal Regulations (as in effect on March

17 1, 1999)) under section 110 of the Clean Air Act

18 (42 U.S.C. 7410); or

19 ‘‘(2) that qualifies for an exemption from the

20 requirement that the transportation project come

21 from a conforming metropolitan long-range trans22 portation improvement program under section

23 93.126 or 93.127 of title 40, Code of Federal Regu24 lations (as in effect on March 1, 1999).’’.
5

•S 2088 IS

1 (b) MASS TRANSPORTATION PLANS.—Section 5303

2 of title 49, United States Code, is amended by adding at

3 the end the following:

4 ‘‘(i) AMENDMENTS OF PLANS AND PROGRAMS NOT

5 CONFORMING TO APPLICABLE IMPLEMENTATION

6 PLANS.—Notwithstanding any other provision of law, a

7 long-range transportation plan under this section or a

8 transportation improvement program under section 5304

9 that no longer conforms to the applicable implementation

10 plan under section 176(c) of the Clean Air Act (42 U.S.C.

11 7506(c)) and part 93 of title 40, Code of Federal Regula12 tions (or a successor regulation), may be amended without

13 a demonstration of conformity if the amendment is solely

14 for the purpose of adding a transportation project—

15 ‘‘(1) for which the State submits to the Admin16 istrator of the Environmental Protection Agency a

17 request for approval as a transportation control

18 measure (as defined in section 93.101 of title 40,

19 Code of Federal Regulations (as in effect on March

20 1, 1999)) under section 110 of the Clean Air Act

21 (42 U.S.C. 7410); or

22 ‘‘(2) that qualifies for an exemption from the

23 requirement that the transportation project come

24 from a conforming metropolitan long-range trans25 portation plan and transportation improvement pro-
6

•S 2088 IS

1 gram under section 93.126 or 93.127 of title 40,

2 Code of Federal Regulations (as in effect on March

3 1, 1999).’’.

Æ