H. R. 4556—25
SEC. 335A. Section 5302(a)(1) of title 49, United States Code,
is amended by inserting ‘‘payments for the capital portions of rail
trackage rights agreements,’’ after ‘‘rights-of-way,’’.
SEC. 336. (a) FEDERAL LINE OF CREDIT.—For the purpose of
carrying out a demonstration of the construction of public toll
roads in Orange County, California, authorized by section 129(d)
of title 23, United States Code, there is hereby appropriated
$8,000,000 for the Secretary to enter into an agreement to make
a line of credit available, with a principal amount not to exceed
$120,000,000 to the public entity or entities with the statutory
authority to construct such facilities.
(b) EFFECTIVE PERIOD.—The line of credit under this section
shall be available for draws during the period beginning on the
date of completion of construction and ending on the last day
of the tenth calendar year following the date construction of the
facilities is completed.
(c) PURPOSES.—The line of credit under this section shall be
available to pay the costs of extraordinary repair and replacement
of the facilities, unexpected Federal or State environmental restric-
tions, operation and maintenance expenses of the facilities, and
debt service on tax-exempt or taxable obligations financing the
facilities.
(d) LIMITATIONS.—
(1) CAPITAL
EXPENDITURES.—With respect to capital
expenditures, draws on the line of credit under this section
shall only be made if and to the extent proceeds from the
sale of the obligations issued by the public entity or entities
which otherwise would be available for such purposes are
exhausted, or are otherwise unavailable for the payment of
such capital expenditures.
(2) EXPENSES.—With respect to expenses, including oper-
ation and maintenance expenses and debt service, a draw on
the line of credit under this section shall only be made if
revenues from toll operations and capitalized interest are
insufficient (or are otherwise unavailable) for such purposes.
(3) PER YEAR.—No more than 10 percent of the total prin-
cipal amount of the line of credit under this section shall
be available for draws in any one year.
(4) THIRD PARTY CREDITOR RIGHTS.—No third party creditor
of the public entity or entities shall have any right against
the Federal Government with respect to draws on the line
of credit under this section.
(5) AVAILABILITY
FOR
PARTICULAR
COSTS.—There is no
guaranteed availability of proceeds of the line of credit under
this section for the payment of any particular cost of the public
entity or entities which might be financed under this section.
(e) INTEREST
RATE
AND
REPAYMENT
PERIOD.—Any draws
(except for operation and maintenance expenses) on the line of
credit under this section shall accrue interest at the 30-year United
States Treasury bond rate beginning on the date such draws are
made and shall be repaid in not more than 30 years; except that
any draws under the line of credit for operation and maintenance
expenses shall accrue interest at the 3-year United States Treasury
note rate beginning on the date such draws are made and shall
be repaid in not more than 3 years.
SEC. 337. In addition to amounts otherwise provided by this
Act, $2,900,000 shall be available for ‘‘Interstate Commerce
H. R. 4556—26
Commission, Salaries and Expenses’’ for the discharge of liabilities,
including severance pay, under title 5 of the United States Code
to employees separated from the Interstate Commerce Commission
on or after October 1, 1994.
SEC. 338. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with
funds made available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
SEC. 339. SAINT LAWRENCE SEAWAY TOLL COLLECTION.—(a)
Section 13 of the Act of May 13, 1954, ch. 201 (33 U.S.C. 988a),
added by section 805(a)(4) of title XIV of the Water Resources
Development Act of 1986, Public Law 99–662 (100 Stat. 4272),
is amended to read as follows:
‘‘SEC. 13. WAIVER OF COLLECTION OF CHARGES OR TOLLS.
‘‘(a) Notwithstanding section 12 of this Act or any other provi-
sion of law, the Corporation shall not collect any charge or toll
established pursuant to section 12 of this Act with respect to a
commercial vessel (as defined in section 4462(a)(4) of the Internal
Revenue Code of 1986).
‘‘(b) The Corporation will maintain a record of the annual
amount of each charge or toll that would have been collected with
respect to each such commercial vessel if it were not for paragraph
(a) of this section.’’.
(b) The table of sections at the beginning of chapter 19 of
title 33 is amended by striking:
‘‘Sec. 988a Rebate of charges and tolls.
‘‘(a) Transfer of revenues to Harbor Maintenance Trust Fund.
‘‘(b) Certifications to Secretary of the Treasury.’’
and adding in lieu thereof:
‘‘Sec. 988a Waiver of Collection of Charges or Tolls.
‘‘(a) Waiver of collection of charges or tolls.
‘‘(b) Record of annual amount.’’.
SEC. 340. The unspent balance of funds previously appropriated
for the Meadowbrook Parkway project shall be available for the
Loop Parkway Bridge rehabilitation project.
SEC. 341. Amounts not to exceed $3,000,000 available in the
obligation guarantee fund established under section 511 of the
Railroad Revitalization and Regulatory Reform Act of 1976 (Public
Law 94–210), as amended, and received from the Delaware and
Hudson Railroad, shall be transferred to the Federal Railroad
Administration, ‘‘Office of the administrator’’ for necessary expenses
of the Federal Railroad Administration.
SEC. 342. Notwithstanding any other provision of law, funds
made available under Public Law 103–122, the Fiscal Year 1994
Transportation Appropriations Act, for the domestic fuel cell devel-
opment program under the Federal Transit Administration’s Discre-
tionary Grants account shall be transferred to that agency’s Transit
Planning and Research account and be administered in accordance
with section 6 of the Federal Transit Act, as amended.
SEC. 343. Section 30308(a) of title 49, United States Code,
is amended by inserting after ‘‘1994’’ ‘‘and $2,550,000 for fiscal
year 1995’’.
H. R. 4556—27
SEC. 344. Notwithstanding 15 U.S.C. 631, et seq. and 10 U.S.C.
2301, et seq. as amended, the United States Coast Guard acquisition
of 47-foot Motor Life Boats for fiscal years 1995 through 2000
shall be subject to full and open competition for all U.S. shipyards.
Accordingly, the Federal Acquisition Regulations (FAR) (including
but not limited to FAR Part 19), shall not apply to the extent
they are inconsistent with a full and open competition.
SEC. 345. None of the funds appropriated by this Act may
be used for planning, engineering, design, or construction of a
sixth runway at the new Denver International Airport, Denver,
Colorado: Provided, That this provision shall not apply in any
case where the Administrator of the Federal Aviation Administra-
tion determines, in writing, that safety conditions warrant obliga-
tion of such funds.
SEC. 346. (a) UNIFORM HOV–2 DEMONSTRATION PROJECT ON
I–66 IN VIRGINIA.—Notwithstanding any other law or any prior
decision of the Secretary of Transportation, the Governor of Virginia
shall have the authority to carry out a 1-year demonstration project
on Interstate Highway 66 (I–66) inside the Capital Beltway, to
determine the impact of applying a uniform high-occupancy vehicle
restriction to the portion of I–66 that is between the District of
Columbia and Interstate Highway 495 (I–495) and the portion
of I–66 that is west of I–495.
(b) PROJECT REQUIREMENTS.—
(1) UNIFORM
HOV
RESTRICTION.—Except as provided in
paragraph (2), under the demonstration project established
under this section, the uniform high-occupancy vehicle restric-
tion applied to the two portions of I–66 described in subsection
(a) shall be vehicles carrying two or more persons.
(2) AUTHORITY OF GOVERNOR OF VIRGINIA.—During the 1-
year demonstration period under this section, the Governor
of Virginia shall retain the flexibility to return the high-occu-
pancy vehicle restriction applicable to the portion of I–66 that
is between the District of Columbia and I–495 to vehicles
carrying three or more persons, or to make any other revisions
in the demonstration project that the Governor determines
are necessary.
(3) APPROVAL.—The 1-year demonstration shall begin after
approval by the Virginia delegation of the National Capital
Region Transportation Planning Board, based on a one-member,
one-vote process with the allowance for authorized alternates
if necessary and inclusion of the general manager of the
Washington Metropolitan Area Transit Authority, but not
before January 1, 1995.
(c) STUDY AND REPORT.—If the Governor of Virginia makes
use of the authority granted in subsection (a), the Governor shall—
(1) consult with interested parties to develop level of service
standards, enforcement standards and assessment criteria;
(2) carry out an assessment of the effects of the uniform
high-occupancy vehicle restriction under the demonstration
project established under this section;
(3) carry out a study and assessment of the enforcement
of the modified high-occupancy vehicle restriction under the
demonstration project established under this section;
(4) within 6 months from beginning the demonstration
project provide an interim assessment of the effects of the
demonstration project to interested parties; and
H. R. 4556—28
(5) upon completion of the assessment, submit to the Con-
gress and to the Secretary of Transportation a report setting
forth the results of the assessment and the demonstration
project.
(d) UNIFORM HOV–2 RESTRICTION.—Upon completion of the
assessment described in subsection (c), the Governor of Virginia
shall have the authority to apply a uniform HOV–2 restriction
to Interstate 66 on a permanent basis following the formal approval
process.
SEC. 347. The Eastport Port Authority facility at Estes Head
in Eastport, Maine, is eligible for funding under section 1064 of
Public Law 102–240.
This Act may be cited as the ‘‘Department of Transportation
and Related Agencies Appropriations Act, 1995’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.