I 
108TH CONGRESS 
1ST SESSION H. R. 2864
To amend title 23, United States Code, to provide increased flexibility to 
donor States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 24, 2003
Mr. BURGESS introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To amend title 23, United States Code, to provide increased 
flexibility to donor States, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Reforming, Accel-
erating, and Protecting Interstate Design (RAPID) Act’’. 
SEC. 2. INNOVATIVE SURFACE TRANSPORTATION FINANC-
ING AND CONTRACTING METHODS. 
(a) DEFINITIONS.—Section 101 of title 23, United 
States Code, is amended—
(1) by redesignating paragraphs (28) through 
(37) as paragraphs (30) through (39), respectively; 
(2) by redesignating paragraphs (5) through 
(27) as paragraphs (6) through (28), respectively; 
(3) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) DONOR STATE.—The term ‘donor State’ 
means a State that receives in a fiscal year a per-
centage of total apportionments and allocations to 
all States from the Highway Account of the High-
way Trust Fund that is less than the percentage at-
tributable to highway users in that State of the total 
estimated tax payments into the Account by highway 
users in all States in the most recent fiscal year for 
which data is available.’’. 
(4) by inserting after paragraph (28) (as so re-
designated) the following: 
‘‘(29) RECIPIENT STATE.—The term ‘recipient 
State’ means a State that receives in a fiscal year 
a percentage of total apportionments and allocations 
to all States from the Highway Account of the High-
way Trust fund that is equal to or greater than the 
percentage attributable to highway users in that 
State of the total estimated tax payments into the
Account by highway users in all States in the most 
recent fiscal year for which data is available.’’. 
(b) DESIGN-BUILD CONTRACTING PROCEDURES.—
Section 112(b)(3) of title 23, United States Code, is 
amended—
(1) in subparagraph (A)—
(A) by inserting after ‘‘subparagraph (C)’’ 
the following: ‘‘, or a multimodal transportation 
project described in subparagraph (E),’’; and 
(B) by inserting before the period at the 
end the following: ‘‘, including the acceptance of 
unsolicited proposals if permitted by applicable 
State and local law’’; 
(2) in subparagraph (D) by inserting after 
‘‘contractor,’’ the following: ‘‘and that may authorize 
the contractor to prepare any environmental impact 
assessments and analyses required for a project,’’; 
and 
(3) by adding at the end the following: 
‘‘(E) 
MULTIMODAL
TRANSPORTATION 
PROJECT.—A multimodal project referred to in 
subparagraph (A) and subsection (g) is a 
project under this chapter that—
‘‘(i) is located within the boundaries 
of a donor State;
‘‘(ii) is within a network of inter-
connected corridors; 
‘‘(iii) is privately financed, in whole or 
in part; and 
‘‘(iv) contains multiple transportation 
modes, including highway and rail and util-
ity corridors.’’. 
(c) ENVIRONMENTAL PROCEDURES.—Section 112(g) 
of title 23, United States Code, is amended—
(1) by inserting ‘‘and construction work’’ after 
‘‘design work’’; 
(2) by striking ‘‘(g) SELECTION PROCESS.—’’ 
and inserting the following: 
‘‘(g) ENVIRONMENTAL PROCEDURES.—
‘‘(1) SELECTION PROCESS.—’’; and 
(3) by adding at the end the following: 
‘‘(2) SPECIAL RULE FOR DONOR STATES.—A 
donor State may authorize a consultant under a con-
tract for a multimodal transportation project de-
scribed in subsection (b)(3)(E) to prepare an envi-
ronmental impact assessment or analysis, including 
an environmental impact statement, relating to a 
segment of the project of less than independent util-
ity and without logical termini. The contract may 
provide for the simultaneous—
‘‘(A) design and construction of a segment 
for which the environmental assessment or 
analysis has been completed; and 
‘‘(B) the environmental assessment or 
analysis of an adjoining segment of the 
project.’’. 
(d) WAIVER OF NON-FEDERAL SHARE.—Section 120 
of title 23, United States Code, is amended by adding at 
the end the following: 
‘‘(m) INCREASED FEDERAL SHARE
IN CERTAIN 
STATES.—Notwithstanding any other provision of this 
title, the Federal share payable on account of any project 
or activity being carried out under this title within the 
boundaries of a donor State may amount to 100 percent 
of the cost of such project or activity.’’. 
(e) TOLLING
OF
INTERSTATE
SYSTEM.—Section 
129(a)(1) of title 23, United States Code, is amended in 
each of subparagraphs (A) and (D) by inserting after 
‘‘System’’ the following: ‘‘within the boundaries of a re-
cipient State’’. 
(f) USE OF TOLL REVENUES.—Section 129(a)(3) of 
title 23, United States Code, is amended by adding at the 
end the following: ‘‘This paragraph does not apply to a 
donor State.’’.