I
103D CONGRESS
2D SESSION
H. R. 4305
To amend title 23, United States Code, relating to establishment of the
National Transportation System.
IN THE HOUSE OF REPRESENTATIVES
APRIL 28, 1994
Mr. BORSKI introduced the following bill; which was referred to the Committee
on Public Works and Transportation
A BILL
To amend title 23, United States Code, relating to
establishment of the National Transportation System.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. NATIONAL TRANSPORTATION SYSTEM.
Section 103 of title 23, United States Code, is
amended by adding the following:
‘‘(j) NATIONAL TRANSPORTATION SYSTEM.—
‘‘(1) PURPOSE.—The purpose of the National
Transportation System is to provide a unified and
interconnected system of transportation facilities
that will move people and goods efficiently to pro-
mote mobility, economic productivity, congestion re-
lief, energy conservation, and air quality improve-
ment.
‘‘(2) COMPONENTS.—The National Transpor-
tation System shall consist of the following:
‘‘(A) Public transportation corridors and
systems.
‘‘(B) Intercity public and private transpor-
tation corridors and systems.
‘‘(C) Major bus corridors.
‘‘(D) Major rail systems.
‘‘(E) The National Highway System.
‘‘(F) Airports.
‘‘(G) Ports and inland waterways.
‘‘(H) Passenger terminals.
‘‘(I) Ferry systems.
‘‘(J) Other major intermodal transpor-
tation facilities.
‘‘(3) DESIGNATION.—
‘‘(A) BY SECRETARY.—Not later than 2
years after the date of the enactment of this
subsection, the Secretary shall submit to Con-
gress the designation of the National Transpor-
tation System. The submitted designation shall
be the National Transportation System unless
modified in accordance with this subsection or
by law.
‘‘(B) BASIS.—The proposed system sub-
mitted by the Secretary shall be based on des-
ignations submitted to the Secretary by the
States and the metropolitan planning organiza-
tions under sections 134(g)(2) and 135(e) of
this title.
‘‘(C) LIMITATIONS.—
‘‘(i) 
NONATTAINMENT
AREAS.—No
proposed new route or facility shall be in-
cluded on the National Transportation
System in any area that is in nonattain-
ment area for ozone or carbon monoxide
under the Clean Air Act until it has been
included in a metropolitan or State long-
range plan and transportation improve-
ment program that has been demonstrated
to be in conformity with a State implemen-
tation plan developed pursuant to the
Clean Air Act.
‘‘(ii) NHS SEGMENT.—A segment of
the National Highway System shall not be
a part of the National Transportation Sys-
tem until it has been included in a metro-
politan or State long-range plan and trans-
portation improvement program that has
been demonstrated to be in conformity
with a State implementation plan devel-
oped pursuant to the Clean Air Act.
‘‘(D) MODIFICATION.—States or metropoli-
tan planning organizations may request the ad-
dition or deletion of National Transportation
System components. The Secretary shall make
such modifications at least once every 2 years
unless they are determined not to be in the
public interest or promote the goals of the Na-
tional Transportation System.
‘‘(4) GRANTS.—The Secretary is authorized to
make grants to pay 80 percent of the costs of devel-
opment and implementation of processes and proce-
dures that facilitate the goals of the National Trans-
portation System, including operating agreements,
public-private partnerships, information technologies
such as traveler information systems, and intelligent
vehicle highway and transit systems.’’.
SEC. 2. METROPOLITAN PLANNING.
Section 134(g)(2)(A) of title 23, United States Code,
is amended—
lic interest or promote the goals of the National Transpor-
tation System.’’.
SEC. 4. FUNDING FROM NHS APPORTIONMENTS.
Section 104(c) of title 23, United States Code, is
amended to read as follows:
‘‘(c) SET-ASIDES AND TRANSFERABILITY OF NHS
APPORTIONMENTS.—
‘‘(1) SET-ASIDE
FOR
GRANT
PROGRAM.—On
October 1 of each fiscal year, the Secretary, after
making the deduction authorized by subsection (a)
of this section, shall set aside, for the purpose of
making grants under section 103(j)(4), not to exceed
1 percent of the remaining funds authorized to be
appropriated for expenditure upon the National
Highway System.
‘‘(2) SET-ASIDE FOR CONNECTIONS TO NTS.—
‘‘(A) GENERAL RULE.—Except if the Sec-
retary provides otherwise, each State shall set-
aside 10 percent of each apportionment made to
the State under section 104(b)(1) for the Na-
tional Highway System to provide intermodal
connections to the National Highway System or
connections between the National Highway Sys-
tem and other components of the National
Transportation System.
‘‘(B) NEW
CAPACITY
FOR
SINGLE-OCCU-
PANT
PASSENGER
VEHICLES.—No funds set-
aside by a State pursuant to this paragraph
may be obligated for any project which adds
new capacity for single-occupant passenger ve-
hicles (other than for facilities which are part
of a system to reduce the use of such vehicles).
‘‘(3) 
TRANSFERABILITY.—Subject 
to 
para-
graphs (4) and (5), a State may transfer not to ex-
ceed 50 percent of the State’s apportionment under
subsection (b)(1) to the apportionment of the State
under subsection (b)(3). A State may transfer not to
exceed 90 percent of the State’s apportionment
under subsection (b)(1) to the apportionment of the
State under subsection (b)(3) if the State requests
to make such transfer and the Secretary approves
such transfer as being in the public interest, after
providing notice and sufficient opportunity for public
comment.
‘‘(4) DIVISION BETWEEN URBANIZED AREAS OF
OVER 50,000 POPULATION AND OTHER AREAS.—
‘‘(A) GENERAL RULE.—Except as provided
in subparagraph (C), after the set-aside under
paragraph (2), at least 75 percent of the re-
maining 90 percent of the funds apportioned to
a State under section 104(b)(1) for a fiscal year
shall be obligated—
‘‘(i) in the urbanized areas of the
State with an urbanized area population of
more than 50,000 that are transportation
management areas designated under sec-
tion 134(i) of this title or areas that are in
nonattainment for ozone or carbon mon-
oxide under the Clean Air Act; and
‘‘(ii) the other areas of the State;
in proportion to their relative share of the
State’s population. The remaining 25 percent
may be obligated in any area of the State.
‘‘(B) SPECIAL RULE FOR RURAL AREAS.—
Of the amounts required to be obligated under
subparagraph (A)(ii), the State shall obligate in
areas of the State (other than urban areas with
a population greater than 5,000) an amount
which is not less than 110 percent of the funds
apportioned to the State for the Federal-aid
secondary system for fiscal year 1991.
‘‘(C) NONAPPLICABILITY
TO
NONATTAIN-
MENT
AREAS.—Subparagraph (A) shall not
apply to any State for which the entire geo-
graphic area of the State is in nonattainment
for ozone or carbon monoxide under the Clean
Air Act.
‘‘(D) LIMITATION ON EXPANDING CAPAC-
ITY.—No funds apportioned under section
104(b)(1) for the National Highway System
may be obligated for any project which expands
capacity by adding one or more new travel
lanes, other than auxiliary lanes or high occu-
pancy vehicle lanes, if any National Highway
System facility in that State is maintained in
poor condition as defined in the most recent re-
port to Congress under section 307(h) of this
title unless the Governor certifies that such ob-
ligation is in the public interest and the Sec-
retary approves.
‘‘(5) ALLOCATION
OF
OBLIGATION
AUTHOR-
ITY.—A State which is required to obligate in an ur-
banized area with an urbanized area population of
over 200,000 under paragraph (4) funds appor-
tioned to it under section 104(b)(1) shall allocate
during the 3-fiscal-year period 1995 through 1997
an amount of obligation authority distributed to the
State for Federal-aid highways and highway safety
construction for use in such area determined by mul-
tiplying—
‘‘(A) the aggregate amount of funds which
the State is required to obligate in such area
under paragraph (4) during such period; by
‘‘(B) the ratio of the aggregate amount of
obligation authority distributed to the State for
Federal-aid highways and highway safety con-
struction during such period to the total sums
apportioned to the State for Federal-aid high-
ways and highway safety construction (exclud-
ing sums not subject to an obligation limita-
tion) during such period.’’.
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