I
104TH CONGRESS
1ST SESSION
H. R. 2170
To authorize the establishment of the Woodrow Wilson Memorial Bridge
Authority, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 1995
Mr. MORAN (for himself, Mr. WYNN, Mr. WOLF, Mrs. MORELLA, Mr. DAVIS,
Ms. NORTON, and Mr. HOYER) introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure, and in
addition to the Committee on the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To authorize the establishment of the Woodrow Wilson
Memorial Bridge Authority, 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 ‘‘Woodrow Wilson Me-
morial Bridge Act of 1995’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) traffic congestion imposes serious economic
burdens on the metropolitan Washington, D.C.,
area, costing each commuter an estimated $1,000
per year;
(2) the volume of traffic in the metropolitan
Washington, D.C., area is expected to increase by
more than 70 percent between 1990 and 2020;
(3) the deterioration of the Woodrow Wilson
Memorial Bridge and the growing population of the
metropolitan Washington, D.C., area contribute sig-
nificantly to traffic congestion;
(4) the Bridge serves as a vital link in the
Interstate System and in the Northeast corridor;
(5) identifying alternative methods for main-
taining this vital link of the Interstate System is
critical to addressing the traffic congestion of the
area;
(6) the Bridge is—
(A) the only drawbridge in the metropoli-
tan Washington, D.C., area on the Interstate
System;
(B) the only segment of the Capital Belt-
way with only 6 lanes; and
(C) the only segment of the Capital Belt-
way with a remaining expected life of less than
10 years;
(7) the Bridge is the only part of the Interstate
System owned by the Federal Government;
(8)(A) the Bridge was constructed by the Fed-
eral Government;
(B) prior to the date of enactment of this Act,
the Federal Government has contributed 100 per-
cent of the cost of building and rehabilitating the
Bridge; and
(C) the Federal Government has a continuing
responsibility to fund future costs associated with
the upgrading of the Interstate Route 95 crossing,
including the rehabilitation and reconstruction of the
Bridge;
(9) the Woodrow Wilson Bridge Coordination
Committee, established by the Federal Highway Ad-
ministration and comprised of representatives of
Federal, State, and local governments, is undertak-
ing planning studies pertaining to the Bridge, con-
sistent with the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) and other applica-
ble Federal laws;
(10) the transfer of ownership of the Bridge to
a regional entity under the terms and conditions de-
scribed in this Act would foster regional transpor-
tation planning efforts to identify solutions to the
growing problem of traffic congestion on and around
the Bridge;
(11) any material change to the Bridge must
take into account the interests of nearby commu-
nities, the commuting public, Federal, State, and
local government organizations, and other affected
groups; and
(12) a commission of congressional, State, and
local officials and transportation representatives has
recommended to the Secretary of Transportation
that the Bridge be transferred to an independent au-
thority to be established by the Capital Region juris-
dictions.
SEC. 3. PURPOSES.
The purposes of this Act are—
(1) to grant consent to the Commonwealth of
Virginia, the State of Maryland, and the District of
Columbia to establish the Woodrow Wilson Memorial
Bridge Authority;
(2) to authorize the transfer of ownership of the
Woodrow Wilson Memorial Bridge to the Authority
(3) BRIDGE.—The term ‘‘Bridge’’ means the
Woodrow Wilson Memorial Bridge across the Poto-
mac River.
(4) CAPITAL
REGION
JURISDICTIONS.—The
term ‘‘Capital Region jurisdictions’’ means—
(A) the Commonwealth of Virginia;
(B) the State of Maryland; and
(C) the District of Columbia.
(5) INTERSTATE
SYSTEM.—The term ‘‘Inter-
state System’’ means the Dwight D. Eisenhower Na-
tional System of Interstate and Defense Highways
designated under section 103(e) of title 23, United
States Code.
(6) PROJECT.—The term ‘‘Project’’ means the
upgrading of the Interstate Route 95 Potomac River
crossing, consistent with the selected alternative to
be determined by the Woodrow Wilson Bridge Co-
ordination Committee as provided under section 8,
possibly including—
(A) the rehabilitation or reconstruction of
the Bridge;
(B) the construction of a new bridge or
tunnel in the vicinity of the Bridge, including
any work necessary to provide rights-of-way for
a rail or bus transit facility, bus, or high occu-
pancy vehicle lanes, and work on Interstate
Route 95 or other roadways connected to the
Bridge and new bridge or tunnel and ap-
proaches thereto at a distance no greater than
5 miles from the Potomac River; or
(C) any building, improvement, addition,
extension, replacement, appurtenance, land, in-
terest in land, water right, air right, franchise,
machinery, equipment, furnishing, landscaping,
easement, utility, approach, roadway, or other
facility necessary or desirable in connection
with or incidental to a facility described in sub-
paragraph (A) or (B).
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
(8) SIGNATORY.—The term ‘‘Signatory’’ means
any political jurisdiction that enters into the com-
pact that designates the Authority.
SEC. 5. ESTABLISHMENT OF AUTHORITY.
(a) CONSENT
TO AGREEMENT.—Congress grants
consent to the Commonwealth of Virginia, the State of
Maryland, and the District of Columbia to enter into an
interstate agreement or compact to establish the Authority
and to designate the governance, powers, and duties of
the Authority.
(b) ESTABLISHMENT OF AUTHORITY.—
(1) IN GENERAL.—On execution of the inter-
state agreement or compact described in subsection
(a), and an agreement between the Secretary and
the Signatories as to the Federal share of the cost
of the Project and the terms and conditions related
to the timing of the transfer of the Bridge to the
Authority as provided in section 7(c), the Authority
shall be considered to be established.
(2) GENERAL POWERS.—The Authority shall be
a body corporate and politic, independent of all other
bodies and jurisdictions, having the powers and ju-
risdiction described in this Act and such additional
powers as are conferred on the Authority by the
Capital Region jurisdictions, to the extent that the
additional powers are consistent with this Act.
(c) PURPOSES OF AUTHORITY.—The Authority shall
be established—
(1) to assume ownership of the Bridge; and
(2) to undertake the Project.
SEC. 6. GOVERNMENT OF AUTHORITY.
(a) IN GENERAL.—The Authority shall be governed
in accordance with this section and with the terms of any
interstate agreement or compact relating to the Authority
that is consistent with this Act.
(b) BOARD.—The Authority shall be governed by a
board of directors consisting of not more than 12 members
appointed by the Capital Region jurisdictions and 1 mem-
ber appointed by the Secretary.
(c) QUALIFICATIONS.—At least 2 members of the
Board shall be elected officials who represent the jurisdic-
tions at each end of the Bridge crossing.
(d) FAILURE TO APPOINT.—The failure of a Capital
Region jurisdiction to appoint 1 or more members of the
Board shall not impair the establishment of the Authority
if the condition of the establishment described in section
5(b)(1) has been met.
(e) PERSONAL LIABILITY OF MEMBERS.—A member
of the Board, including any nonvoting member, shall not
be personally liable for—
(1) any action taken in the capacity of the
member as a member of the Board; or
(2) any note, bond, or other financial obligation
of the Authority.
(f) RESIDENCY REQUIREMENT.—A member of the
Board shall reside within a Capital Region jurisdiction.
SEC. 7. OWNERSHIP OF BRIDGE.
(a) CONVEYANCE BY SECRETARY.—
(1) IN GENERAL.—After the Signatories enter
into the agreement described in subsection (c), the
Secretary shall convey all right, title, and interest of
the Department of Transportation in and to the
Bridge to the Authority. Except as provided in para-
graph (2), upon conveyance by the Secretary, the
Authority shall accept the right, title, and interest in
and to the Bridge, and all duties and responsibilities
associated with the Bridge.
(2) INTERIM
RESPONSIBILITIES.—Until such
time as the Project is constructed and operational,
the conveyance under paragraph (1) shall in no
way—
(A) relieve the Capital Region jurisdictions
of the sole and exclusive responsibility to main-
tain and operate the Bridge; or
(B) relieve the Secretary of the responsibil-
ity to rehabilitate the Bridge or to comply with
the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) and all other require-
ments applicable with respect to the Bridge.
(b) CONVEYANCE BY THE SECRETARY OF THE INTE-
RIOR.—At the same time as the conveyance of the Bridge
by the Secretary under subsection (a), the Secretary of
the Interior shall transfer to the Authority all right, title,
and interest of the Department of the Interior in and to
such land under or adjacent to the Bridge as is necessary
to carry out the Project. Upon conveyance by the Sec-
retary of the Interior, the Authority shall accept the right,
title, and interest in and to the land.
(c) AGREEMENT.—The agreement referred to in sub-
section (a) is an agreement between the Secretary and the
Signatories as to the Federal share of the cost of the ac-
tivities carried out as part of the Project.
SEC. 8. PROJECT PLANNING.
The Secretary and the Administrator of the Federal
Highway Administration shall—
(1) continue working with the parties which
comprise the Woodrow Wilson Memorial Bridge Co-
ordination Committee (established and chaired by
the Federal Highway Administration and comprised
of representatives of Federal, State, and local gov-
ernments) or with the Authority consistent with its
mission pursuant to the interstate agreement or
compact referred to in section 5 to complete, at the
earliest possible date, environmental studies and doc-
umentation, planning, preliminary engineering ef-
forts and related work, consistent with the provi-
sions of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other applicable
Federal laws;
(2) on or before October 1, 1996, transmit to
Congress a report on—
(A) the selected alternative, implementa-
tion schedule, and costs of the Project; and
(B) a recommended Federal share of the
cost of the Project.
In making a recommendation as to the Federal share
under paragraph (2)(B), the Secretary, at a minimum,
shall provide for a 100 percent Federal share with respect
to the cost of the continuing rehabilitation of the Bridge
prior to the completion of the Project and shall provide
for a 100 percent Federal share with respect to the cost
of planning, preliminary engineering, environmental stud-
ies and documentation, and final engineering for the
Project.
SEC. 9. ADDITIONAL POWERS AND RESPONSIBILITIES OF
AUTHORITY.
In addition to the powers and responsibilities of the
Authority under the other provisions of this Act and under
any interstate agreement or compact relating to the Au-
thority that is consistent with this Act, the Authority shall
have all powers necessary and appropriate to carry out
the duties of the Authority, including the power—
(1) to adopt and amend any bylaw that is nec-
essary for the regulation of the affairs of the Au-
thority and the conduct of the business of the Au-
thority;
(2) to adopt and amend any regulation that is
necessary to carry out the powers of the Authority;
(3) subject to section 7(a)(2), to plan, establish,
finance, operate, develop, construct, enlarge, main-
tain, equip, or protect the facilities of the Project;
(4) to employ, in the discretion of the Author-
ity, a consulting engineer, attorney, accountant, con-
struction or financial expert, superintendent, or
manager, or such other employee or agent as is nec-
essary, and to fix the compensation and benefits of
the employee or agent, except that—
(A) an employee of the Authority shall not
engage in an activity described in section
7116(b)(7) of title 5, United States Code, with
respect to the Authority; and
(B) an employment agreement entered into
by the Authority shall contain an explicit prohi-
bition against an activity described in subpara-
graph (A) with respect to the Authority by an
employee covered by the agreement;
(5) to—
(A) acquire personal and real property (in-
cluding land lying under water and riparian
rights), or any easement or other interest in
real property, by purchase, lease, gift, transfer,
or exchange; and
(B) exercise such powers of eminent do-
main in the Capital Region jurisdictions as are
conferred on the Authority by the Signatories,
in the exercise of the powers and the perform-
ance of the duties of the Authority;
(6) to apply for and accept any property, mate-
rial, service, payment, appropriation, grant, gift,
loan, advance, or other fund that is transferred or
made available to the Authority by the Federal Gov-
ernment or by any other public or private entity or
individual;
(7) to borrow money on a short-term basis and
issue notes of the Authority for the borrowing pay-
able on such terms and conditions as the Board con-
siders advisable, and to issue bonds in the discretion
of the Authority for any purpose consistent with this
Act, which notes and bonds—
(A) shall not constitute a debt of the Unit-
ed States, a Capital Region jurisdiction, or any
political subdivision of the United States or a
Capital Region jurisdiction;
(B) may be secured solely by the general
revenues of the Authority, or solely by the in-
come and revenues of the Bridge or a new
crossing of the Potomac River constructed as
part of the Project; and
(C) shall be exempt as to principal and in-
terest from all taxation (except estate and gift
taxes) by the United States;
(8) to fix, revise, charge, and collect any rea-
sonable toll or other charge;
(9) to enter into any contract or agreement nec-
essary or appropriate to the performance of the du-
ties of the Authority or the proper operation of the
Bridge or a new crossing of the Potomac River con-
structed as part of the Project;
(10) to make any payment necessary to reim-
burse a local political subdivision having jurisdiction
over an area where the Bridge or a new crossing of
the Potomac River is situated for any extraordinary
law enforcement cost incurred by the subdivision in
connection with the Authority facility;
(11) to enter into partnerships or grant conces-
sions between the public and private sectors for the
purpose of—
(A) financing, constructing, maintaining,
improving, or operating the Bridge or a new
crossing of the Potomac River constructed as
part of the Project; or
(B) fostering development of a new trans-
portation technology;
(12) to obtain any necessary Federal authoriza-
tion, permit, or approval for the construction, repair,
maintenance, or operation of the Bridge or a new
crossing of the Potomac River constructed as part of
the Project;
(13) to adopt an official seal and alter the seal,
as the Board considers appropriate;
(14) to appoint 1 or more advisory committees;
(15) to sue and be sued in the name of the Au-
thority; and
(16) to carry out any activity necessary or ap-
propriate to the exercise of the powers or perform-
ance of the duties of the Authority under this Act
and under any interstate agreement or compact re-
lating to the Authority that is consistent with this
Act, if the activity is coordinated and consistent with
the transportation planning process implemented by
the metropolitan planning organization for the
Washington, District of Columbia, metropolitan area
under section 134 of title 23, United States Code,
and section 5303 of title 49, United States Code.
SEC. 10. FUNDING.
(a) SET-ASIDE.—Section 104 of title 23, United
States Code, is amended—
(1) in the first sentence of subsection (b), by
striking ‘‘subsection (f) of this section’’ and insert-
ing ‘‘subsections (f) and (h) of this section’’;
(2) by redesignating subsection (h) as sub-
section (i); and
(3) by inserting before subsection (i), as redes-
ignated by paragraph (2) of this subsection, the fol-
lowing:
‘‘(h) WOODROW WILSON MEMORIAL BRIDGE.—
‘‘(1) SET-ASIDE.—Before making an apportion-
ment of funds under subsection (b), the Secretary
shall set aside $17,550,000 for fiscal year 1996 and
$80,050,000 for fiscal year 1997 for the rehabilita-
tion of the Woodrow Wilson Memorial Bridge and
for the planning, preliminary design, engineering,
and acquisition of a right-of-way for, and construc-
tion of, a new crossing of the Potomac River as part
of the Project, as such term is defined by section 4
of the Woodrow Wilson Memorial Bridge Act of
1995.
‘‘(2) FEDERAL SHARE; NONAPPLICABILITY OF
OBLIGATION
LIMITATIONS.—The Federal share of
the cost of any project funded with amounts set
aside under paragraph (1) shall be 100 percent.
Such amounts shall not be subject to any obligation
limitation.’’.
(b) DISTRIBUTION OF OBLIGATION AUTHORITY.—
Section 1002(e)(3) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (Public Law 102–240; 23
U.S.C. 104 note) is amended by inserting before the pe-
riod at the end the following: ‘‘and section 104(h) of title
23, United States Code’’.
(c) REMOVAL
OF
ISTEA AUTHORIZATION
FOR
BRIDGE REHABILITATION.—Section 1069(i) of the Inter-
modal Surface Transportation Efficiency Act of 1991
(Public Law 102–240; 105 Stat. 2009) is repealed.
SEC. 11. AVAILABILITY OF PRIOR AUTHORIZATIONS.
In addition to the funds made available under section
104(h) of title 23, United States Code, any funds made
available before the date of the enactment of this Act for
the rehabilitation of the Bridge under sections 1069(i) and
1103(b) of the Intermodal Surface Transportation Effi-
ciency Act of 1991 (Public Law 102–240; 105 Stat. 2009
and 2028) (as in effect prior to the amendment made by
section 10(d)) shall continue to be available after the con-
veyance of the Bridge to the Authority under section 7(a),
in accordance with the terms under which the funds were
made available under such sections 1069(i) and 1103(b).
Æ
HR 2170 IH——2