II 

109TH CONGRESS 

1ST SESSION S. 890 

To provide for alternative transportation in certain federally owned or 

managed areas that are open to the general public. 

IN THE SENATE OF THE UNITED STATES 

APRIL 22, 2005 

Mr. SARBANES (for himself, Mr. ALEXANDER, Mr. AKAKA, Mrs. BOXER, Mr. 

CORZINE, Mr. DODD, Mrs. FEINSTEIN, Mr. KENNEDY, Mr. LAUTENBERG, Mr. LEVIN, Mr. SALAZAR, Mr. SCHUMER, Ms. STABENOW, and 

Mr. WYDEN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide for alternative transportation in certain federally 

owned or managed areas that are open to the general public. 

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 ‘‘Transit in Parks Act’’ 

5 or the ‘‘TRIP Act’’. 

6 SEC. 2. FEDERAL LAND TRANSIT PROGRAM. 

7 (a) IN GENERAL.—Chapter 53 of title 49, United 

8 States Code, is amended by inserting after section 5315 

9 the following: 
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1 ‘‘§ 5316. Federal land Transit program 

2 ‘‘(a) FINDINGS AND PURPOSES.— 

3 ‘‘(1) FINDINGS.—Congress finds that— 

4 ‘‘(A) section 3039 of the Transportation 

5 Equity Act for the 21st Century (23 U.S.C. 

6 138 note; Public Law 105–178) required a 

7 comprehensive study, to be conducted by the 

8 Secretary of Transportation, in coordination 

9 with the Secretary of the Interior, of alternative 

10 transportation needs in national parks and re11 lated public lands in order to— 

12 ‘‘(i) identify the transportation strate13 gies that improve the management of na14 tional parks and related public lands; 

15 ‘‘(ii) identify national parks and re16 lated public lands that have existing and 

17 potential problems of adverse impact, high 

18 congestion, and pollution, or that can oth19 erwise benefit from alternative transpor20 tation modes; 

21 ‘‘(iii) assess the feasibility of alter22 native transportation modes; and 

23 ‘‘(iv) identify and estimate the costs 

24 of those alternative transportation modes; 

25 ‘‘(B) the study found that many federally26 managed sites are experiencing very high visita-
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1 tion levels that are continuing to increase and 

2 that there are significant transit needs at many 

3 of these sites; 

4 ‘‘(C) the study concluded that imple5 menting transit on federally-managed land can 

6 help— 

7 ‘‘(i) relieve traffic congestion and 

8 parking shortages; 

9 ‘‘(ii) enhance visitor mobility and ac10 cessibility; 

11 ‘‘(iii) preserve sensitive natural, cul12 tural, and historic resources; 

13 ‘‘(iv) provide improved interpretation, 

14 education, and visitor information services; 

15 ‘‘(v) reduce pollution; and 

16 ‘‘(vi) improve economic development 

17 opportunities for gateway communities; 

18 ‘‘(D) the Department of Transportation 

19 can assist the Federal land management agen20 cies through financial support and technical as21 sistance and further the achievement of na22 tional goals described in subparagraph (C); 

23 ‘‘(E) immediate financial and technical as24 sistance by the Department of Transportation, 

25 working with Federal land management agen-
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1 cies and State and local governmental authori2 ties to develop efficient and coordinated alter3 native transportation systems within and in the 

4 vicinity of eligible areas, is essential to— 

5 ‘‘(i) protect and conserve natural, his6 torical, and cultural resources; 

7 ‘‘(ii) prevent or mitigate adverse im8 pacts on those resources; 

9 ‘‘(iii) relieve congestion; 

10 ‘‘(iv) minimize transportation fuel 

11 consumption; 

12 ‘‘(v) reduce pollution (including noise 

13 pollution and visual pollution); and 

14 ‘‘(vi) enhance visitor mobility, accessi15 bility, and the visitor experience; and 

16 ‘‘(F) it is in the interest of the United 

17 States to encourage and promote the develop18 ment of transportation systems for the better19 ment of eligible areas to meet the goals de20 scribed in clauses (i) through (vi) of subpara21 graph (E). 

22 ‘‘(2) PURPOSES.—The purposes of this section 

23 are— 

24 ‘‘(A) to develop a cooperative relationship 

25 between the Secretary of Transportation and 
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1 the Secretary of the Interior to carry out this 

2 section; 

3 ‘‘(B) to encourage the planning and estab4 lishment of alternative transportation systems 

5 and nonmotorized transportation systems need6 ed within and in the vicinity of eligible areas, 

7 located in both urban and rural areas, that— 

8 ‘‘(i) enhance resource protection; 

9 ‘‘(ii) prevent or mitigate adverse im10 pacts on those resources; 

11 ‘‘(iii) improve visitor mobility, accessi12 bility, and the visitor experience; 

13 ‘‘(iv) reduce pollution and congestion; 

14 ‘‘(v) conserve energy; and 

15 ‘‘(vi) increase coordination with gate16 way communities; 

17 ‘‘(C) to assist Federal land management 

18 agencies and State and local governmental au19 thorities in financing areawide alternative 

20 transportation systems and nonmotorized trans21 portation systems to be operated by public or 

22 private alternative transportation providers, as 

23 determined by local and regional needs, and to 

24 encourage public-private partnerships; and 
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1 ‘‘(D) to assist in research concerning, and 

2 development of, improved alternative transpor3 tation equipment, facilities, techniques, and 

4 methods with the cooperation of public and pri5 vate companies and other entities engaged in 

6 the provision of alternative transportation serv7 ice. 

8 ‘‘(b) DEFINITIONS.—In this section: 

9 ‘‘(1) ALTERNATIVE TRANSPORTATION.— 

10 ‘‘(A) IN GENERAL.—The term ‘alternative 

11 transportation’ means transportation by bus, 

12 rail, or any other publicly or privately owned 

13 conveyance that provides to the public general 

14 or special service on a regular basis. 

15 ‘‘(B) INCLUSIONS.—The term ‘alternative 

16 transportation’ includes sightseeing service. 

17 ‘‘(2) ELIGIBLE AREA.— 

18 ‘‘(A) IN GENERAL.—The term ‘eligible 

19 area’ means any Federally owned or managed 

20 park, refuge, or recreational area that is open 

21 to the general public. 

22 ‘‘(B) INCLUSIONS.—The term ‘eligible 

23 area’ includes— 

24 ‘‘(i) a unit of the National Park Sys25 tem; 
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1 ‘‘(ii) a unit of the National Wildlife 

2 Refuge System; and 

3 ‘‘(iii) a recreational area managed by 

4 the Bureau of Land Management. 

5 ‘‘(3) FEDERAL LAND MANAGEMENT AGENCY.— 

6 The term ‘Federal land management agency’ means 

7 a Federal agency that manages an eligible area. 

8 ‘‘(4) QUALIFIED PARTICIPANT.—The term 

9 ‘qualified participant’ means— 

10 ‘‘(A) a Federal land management agency; 

11 or 

12 ‘‘(B) a State or local governmental author13 ity with jurisdiction over land in the vicinity of 

14 an eligible area acting with the consent of the 

15 Federal land management agency, alone or in 

16 partnership with a Federal land management 

17 agency or other Governmental or nongovern18 mental participant. 

19 ‘‘(5) QUALIFIED PROJECT.—The term ‘qualified 

20 project’ means a planning or capital project in or in 

21 the vicinity of an eligible area that— 

22 ‘‘(A) is an activity described in section 

23 5302(a)(1), 5303(g), or 5309(a)(1)(A); 

24 ‘‘(B) involves— 
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1 ‘‘(i) the purchase of rolling stock that 

2 incorporates clean fuel technology or the 

3 replacement of buses of a type in use on 

4 the date of enactment of this section with 

5 clean fuel vehicles; or 

6 ‘‘(ii) the deployment of alternative 

7 transportation vehicles that introduce inno8 vative technologies or methods; 

9 ‘‘(C) relates to the capital costs of coordi10 nating the Federal land management agency al11 ternative transportation systems with other al12 ternative transportation systems; 

13 ‘‘(D) provides a nonmotorized transpor14 tation system (including the provision of facili15 ties for pedestrians, bicycles, and nonmotorized 

16 watercraft); 

17 ‘‘(E) provides waterborne access within or 

18 in the vicinity of an eligible area, as appropriate 

19 to and consistent with the purposes described in 

20 subsection (a)(2); or 

21 ‘‘(F) is any other alternative transpor22 tation project that— 

23 ‘‘(i) enhances the environment; 

24 ‘‘(ii) prevents or mitigates an adverse 

25 impact on a natural resource; 
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1 ‘‘(iii) improves Federal land manage2 ment agency resource management; 

3 ‘‘(iv) improves visitor mobility and ac4 cessibility and the visitor experience; 

5 ‘‘(v) reduces congestion and pollution 

6 (including noise pollution and visual pollu7 tion); and 

8 ‘‘(vi) conserves a natural, historical, 

9 or cultural resource (excluding rehabilita10 tion or restoration of a nontransportation 

11 facility). 

12 ‘‘(6) SECRETARY.—The term ‘Secretary’ means 

13 the Secretary of Transportation. 

14 ‘‘(c) FEDERAL AGENCY COOPERATIVE ARRANGE15 MENTS.—The Secretary shall develop cooperative arrange16 ments with the Secretary of the Interior that provide for— 

17 ‘‘(1) technical assistance in alternative trans18 portation; 

19 ‘‘(2) interagency and multidisciplinary teams to 

20 develop Federal land management agency alternative 

21 transportation policy, procedures, and coordination; 

22 and 

23 ‘‘(3) the development of procedures and criteria 

24 relating to the planning, selection, and funding of 

25 qualified projects and the implementation and over-
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1 sight of the program of projects in accordance with 

2 this section. 

3 ‘‘(d) TYPES OF ASSISTANCE.— 

4 ‘‘(1) IN GENERAL.—The Secretary may enter 

5 into a contract, grant, cooperative agreement, inter6 agency agreement, intra-agency agreement, or other 

7 agreement to carry out a qualified project under this 

8 section. 

9 ‘‘(2) OTHER USES.—A grant, cooperative agree10 ment, interagency agreement, intra-agency agree11 ment, or other agreement for a qualified project 

12 under this section shall be available to finance the 

13 leasing of equipment and facilities for use in alter14 native transportation, subject to any regulation that 

15 the Secretary may prescribe limiting the grant or 

16 agreement to leasing arrangements that are more 

17 cost-effective than purchase or construction. 

18 ‘‘(e) LIMITATION ON USE OF AVAILABLE

19 AMOUNTS.— 

20 ‘‘(1) IN GENERAL.—The Secretary may allocate 

21 not more than 5 percent of the amount made avail22 able for a fiscal year under section 5338(j) for use 

23 by the Secretary in carrying out planning, research, 

24 and technical assistance under this section, including 
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1 the development of technology appropriate for use in 

2 a qualified project. 

3 ‘‘(2) AMOUNTS FOR PLANNING, RESEARCH, AND

4 TECHNICAL ASSISTANCE.—Amounts made available 

5 under this subsection are in addition to amounts 

6 otherwise available for planning, research, and tech7 nical assistance under this title or any other provi8 sion of law. 

9 ‘‘(3) AMOUNTS FOR QUALIFIED PROJECTS.—No 

10 qualified project shall receive more than 12 percent 

11 of the total amount made available under section 

12 5338(j) for any fiscal year. 

13 ‘‘(4) OPERATIONS.—To the extent the Sec14 retary determines appropriate, the Secretary may 

15 make grants under this section to finance the oper16 ating cost of equipment and facilities for use in a 

17 qualified project. 

18 ‘‘(f) PLANNING PROCESS.—In undertaking a quali19 fied project under this section— 

20 ‘‘(1) if the qualified participant is a Federal 

21 land management agency— 

22 ‘‘(A) the Secretary, in cooperation with the 

23 Secretary of the Interior, shall develop trans24 portation planning procedures that are con25 sistent with— 
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1 ‘‘(i) the metropolitan planning provi2 sions under sections 5303 through 5305; 

3 ‘‘(ii) the statewide planning provisions 

4 under section 135 of title 23; and 

5 ‘‘(iii) the public participation require6 ments under section 5307(c); and 

7 ‘‘(B) in the case of a qualified project that 

8 is at a unit of the National Park system, the 

9 planning process shall be consistent with the 

10 general management plans of the unit of the 

11 National Park system; and 

12 ‘‘(2) if the qualified participant is a State or 

13 local governmental authority, or more than 1 State 

14 or local governmental authority in more than 1 

15 State, the qualified participant shall— 

16 ‘‘(A) comply with sections 5303 through 

17 5305; 

18 ‘‘(B) comply with the statewide planning 

19 provisions under section 135 of title 23; 

20 ‘‘(C) comply with the public participation 

21 requirements under section 5307(c); and 

22 ‘‘(D) consult with the appropriate Federal 

23 land management agency during the planning 

24 process. 

25 ‘‘(g) COST SHARING.— 
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1 ‘‘(1) DEPARTMENTAL SHARE.—The Secretary, 

2 in cooperation with the Secretary of the Interior, 

3 shall establish the share of assistance to be provided 

4 under this section to a qualified participant. 

5 ‘‘(2) CONSIDERATIONS.—In establishing the de6 partmental share of the net project cost of a quali7 fied project, the Secretary shall consider— 

8 ‘‘(A) visitation levels and the revenue de9 rived from user fees in the eligible area in 

10 which the qualified project is carried out; 

11 ‘‘(B) the extent to which the qualified par12 ticipant coordinates with a public or private al13 ternative transportation authority; 

14 ‘‘(C) private investment in the qualified 

15 project, including the provision of contract serv16 ices, joint development activities, and the use of 

17 innovative financing mechanisms; 

18 ‘‘(D) the clear and direct benefit to the 

19 qualified participant; and 

20 ‘‘(E) any other matters that the Secretary 

21 considers appropriate to carry out this section. 

22 ‘‘(3) NONDEPARTMENTAL SHARE.—Notwith23 standing any other provision of law, Federal funds 

24 appropriated to any Federal land management agen-
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1 cy may be counted toward the nondepartmental 

2 share of the cost of a qualified project. 

3 ‘‘(h) SELECTION OF QUALIFIED PROJECTS.— 

4 ‘‘(1) IN GENERAL.—The Secretary of the Inte5 rior, after consultation with and in cooperation with 

6 the Secretary, shall determine the final selection and 

7 funding of an annual program of qualified projects 

8 in accordance with this section. 

9 ‘‘(2) CONSIDERATIONS.—In determining wheth10 er to include a project in the annual program of 

11 qualified projects, the Secretary of the Interior shall 

12 consider— 

13 ‘‘(A) the justification for the qualified 

14 project, including the extent to which the quali15 fied project would conserve resources, prevent 

16 or mitigate adverse impact, and enhance the en17 vironment; 

18 ‘‘(B) the location of the qualified project, 

19 to ensure that the selected qualified projects— 

20 ‘‘(i) are geographically diverse nation21 wide; and 

22 ‘‘(ii) include qualified projects in eligi23 ble areas located in both urban areas and 

24 rural areas; 
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1 ‘‘(C) the size of the qualified project, to 

2 ensure that there is a balanced distribution; 

3 ‘‘(D) the historical and cultural signifi4 cance of a qualified project; 

5 ‘‘(E) safety; 

6 ‘‘(F) the extent to which the qualified 

7 project would— 

8 ‘‘(i) enhance livable communities; 

9 ‘‘(ii) reduce pollution (including noise 

10 pollution, air pollution, and visual pollu11 tion); 

12 ‘‘(iii) reduce congestion; and 

13 ‘‘(iv) improve the mobility of people in 

14 the most efficient manner; and 

15 ‘‘(G) any other matters that the Secretary 

16 considers appropriate to carry out this section, 

17 including— 

18 ‘‘(i) visitation levels; 

19 ‘‘(ii) the use of innovative financing or 

20 joint development strategies; and 

21 ‘‘(iii) coordination with gateway com22 munities. 

23 ‘‘(i) QUALIFIED PROJECTS CARRIED OUT IN AD24 VANCE.— 
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1 ‘‘(1) IN GENERAL.—When a qualified partici2 pant carries out any part of a qualified project with3 out assistance under this section in accordance with 

4 all applicable procedures and requirements, the Sec5 retary may pay the departmental share of the net 

6 project cost of a qualified project if— 

7 ‘‘(A) the qualified participant applies for 

8 the payment; 

9 ‘‘(B) the Secretary approves the payment; 

10 and 

11 ‘‘(C) before carrying out that part of the 

12 qualified project, the Secretary approves the 

13 plans and specifications in the same manner as 

14 plans and specifications are approved for other 

15 projects assisted under this section. 

16 ‘‘(2) INTEREST.— 

17 ‘‘(A) IN GENERAL.—The cost of carrying 

18 out part of a qualified project under paragraph 

19 (1) includes the amount of interest earned and 

20 payable on bonds issued by a State or local gov21 ernmental authority, to the extent that proceeds 

22 of the bond are expended in carrying out that 

23 part. 

24 ‘‘(B) LIMITATION.—The rate of interest 

25 under this paragraph may not exceed the most 
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1 favorable rate reasonably available for the 

2 qualified project at the time of borrowing. 

3 ‘‘(C) CERTIFICATION.—The qualified par4 ticipant shall certify, in a manner satisfactory 

5 to the Secretary, that the qualified participant 

6 has exercised reasonable diligence in seeking 

7 the most favorable interest rate. 

8 ‘‘(j) FULL FUNDING AGREEMENT; PROJECT MAN9 AGEMENT PLAN.—If the amount of assistance anticipated 

10 to be required for a qualified project under this section 

11 is more than $25,000,000— 

12 ‘‘(1) the qualified project shall, to the extent 

13 that the Secretary considers appropriate, be carried 

14 out through a full funding agreement in accordance 

15 with section 5309(g); and 

16 ‘‘(2) the qualified participant shall prepare a 

17 project management plan in accordance with section 

18 5327(a). 

19 ‘‘(k) RELATIONSHIP TO OTHER LAWS.—Qualified 

20 participants shall be subject to— 

21 ‘‘(1) the requirements of section 5333; 

22 ‘‘(2) to the extent that the Secretary determines 

23 to be appropriate, requirements consistent with 

24 those under subsections (d) and (i) of section 5307; 

25 and 
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1 ‘‘(3) any other terms, conditions, requirements, 

2 and provisions that the Secretary determines to be 

3 appropriate to carry out this section, including re4 quirements for the distribution of proceeds on dis5 position of real property and equipment resulting 

6 from a qualified project assisted under this section. 

7 ‘‘(l) INNOVATIVE FINANCING.—A qualified project 

8 assisted under this section shall be eligible for funding 

9 through a State Infrastructure Bank or other innovative 

10 financing mechanism otherwise available to finance an eli11 gible project under this chapter. 

12 ‘‘(m) ASSET MANAGEMENT.—The Secretary may 

13 transfer the interest of the Department of Transportation 

14 in, and control over, all facilities and equipment acquired 

15 under this section to a qualified participant for use and 

16 disposition in accordance with any property management 

17 regulations that the Secretary determines to be appro18 priate. 

19 ‘‘(n) COORDINATION OF RESEARCH AND DEPLOY20 MENT OF NEW TECHNOLOGIES.— 

21 ‘‘(1) IN GENERAL.—The Secretary, in coopera22 tion with the Secretary of the Interior, may under23 take, or make grants or contracts (including agree24 ments with departments, agencies, and instrumental25 ities of the Federal Government) or other agree-
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1 ments for research, development, and deployment of 

2 new technologies in eligible areas that will— 

3 ‘‘(A) conserve resources; 

4 ‘‘(B) prevent or mitigate adverse environ5 mental impact; 

6 ‘‘(C) improve visitor mobility, accessibility, 

7 and enjoyment; and 

8 ‘‘(D) reduce pollution (including noise pol9 lution and visual pollution). 

10 ‘‘(2) ACCESS TO INFORMATION.—The Secretary 

11 may request and receive appropriate information 

12 from any source. 

13 ‘‘(3) FUNDING.—Grants and contracts under 

14 paragraph (1) shall be awarded from amounts allo15 cated under subsection (e)(1). 

16 ‘‘(o) REPORT.— 

17 ‘‘(1) IN GENERAL.—The Secretary, in consulta18 tion with the Secretary of the Interior, shall annu19 ally submit to the Committee on Transportation and 

20 Infrastructure of the House of Representatives and 

21 to the Committee on Banking, Housing, and Urban 

22 Affairs of the Senate a report on the allocation of 

23 amounts to be made available to assist qualified 

24 projects under this section. 
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1 ‘‘(2) ANNUAL AND SUPPLEMENTAL REPORTS.— 

2 A report required under paragraph (1) shall be in3 cluded in the report submitted under section 

4 5309(p).’’. 

5 (b) AUTHORIZATIONS.—Section 5338 of title 49, 

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

7 following: 

8 ‘‘(j) SECTION 5316.— 

9 ‘‘(1) IN GENERAL.—There is authorized to be 

10 appropriated to carry out section 5316 $90,000,000 

11 for each of fiscal years 2005 through 2010. 

12 ‘‘(2) AVAILABILITY.—Amounts made available 

13 under this subsection for any fiscal year shall re14 main available for obligation until the last day of the 

15 third fiscal year commencing after the last day of 

16 the fiscal year for which the amounts were initially 

17 made available under this subsection.’’. 

18 (c) CONFORMING AMENDMENTS.— 

19 (1) TABLE OF SECTIONS.—The table of sections 

20 for chapter 53 of title 49, United States Code, is 

21 amended by inserting after the item relating to sec22 tion 5315 the following: 

‘‘5316. Federal land transit program.’’. 

23 (2) PROJECT MANAGEMENT OVERSIGHT.—Sec24 tion 5327(c) of title 49, United States Code, is 

25 amended in the first sentence— 
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1 (A) by striking ‘‘or 5311’’ and inserting 

2 ‘‘5311, or 5316’’; and 

3 (B) by striking ‘‘5311, or’’ and inserting 

4 ‘‘5311, 5316, or’’. 

5 (d) TECHNICAL AMENDMENTS.—Chapter 53 of title 

6 49, United States Code, is amended— 

7 (1) in section 5309— 

8 (A) by redesignating subsection (p) as sub9 section (q); and 

10 (B) by redesignating the second subsection 

11 designated as subsection (o) (as added by sec12 tion 3009(i) of the Federal Transit Act of 1998 

13 (112 Stat. 356)) as subsection (p); 

14 (2) in section 5328(a)(4), by striking 

15 ‘‘5309(o)(1)’’ and inserting ‘‘5309(p)(1)’’; and 

16 (3) in section 5337, by redesignating the second 

17 subsection designated as subsection (e) (as added by 

18 section 3028(b) of the Federal Transit Act of 1998 

19 (112 Stat. 367)) as subsection (f). 

Æ