Intermodal Surface Transportation Efficiency Act of 1991
PL 102-240 (H.R.2950), enacted 12/18/1991

105 STAT. 1914 
PUBLIC LAW 102-240—DEC. 18, 1991 
Public Law 102-240 
102d Congress 
An Act 
Dec. 18, 1991 
[H.R. 2950] 
Intermodal 
Surface 
Transportation 
Efficiency Act of 
1991. 
Inter-
governmental 
relations. 
49 u s e 101 note. 
49 u s e 101 note. 
To develop a national intermodal surface transportation system, to authorize funds 
for construction of highways, for highway safety programs, and for mass transit 
programs, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the 
Efficiency Act of 1991". 
Intermodal Surface Transportation 
SEC. 2. DECLARATION OF POLICY: 
TATION EFFICIENCY ACT. 
INTERMODAL SURFACE TRANSPOR-
It is the policy of the United States to develop a National Inter-
modal Transportation System that is economically efficient and 
environmentally sound, provides the foundation for the Nation to 
compete in the global economy, and will move people and goods in 
an energy efficient manner. 
The National Intermodal Transportation System shall consist of 
all forms of transportation in a unified, interconnected manner, 
including the transportation systems of the future, to reduce energy 
consumption and air pollution while promoting economic develop-
ment and supporting the Nation's preeminent position in inter-
national commerce. 
The National Intermodal Transportation System shall include a 
National Highway System which consists of the National System of 
Interstate and Defense Highways and those principal arterial roads 
which are essential for interstate and regional commerce and travel, 
national defense, intermodal transfer facilities, and international 
commerce and border crossings. 
The National Intermodal Transportation System shall include 
significant improvements in public transportation necessary to 
achieve national goals for improved air quality, energy conserva-
tion, international competitiveness, and mobility for elderly persons, 
persons with disabilities, and economically disadvantaged persons in 
urban and rural areas of the country. 
The National Intermodal Transportation System shall provide 
improved access to ports and airports, the Nation's link to world 
commerce. 
The National Intermodal Transportation System shall give special 
emphasis to the contributions of the transportation sectors to in-
creased productivity growth. Social benefits must be considered with 
particular attention to the external benefits of reduced air pollution, 
reduced traffic congestion and other aspects of the quality of life in 
the United States. 
The National Intermodal Transportation System must be oper-
ated and maintained with insistent attention to the concepts of 
innovation, competition, energy efficiency, productivity, growth, and 
accountability. Practices that resulted in the lengthy and overly 
PUBLIC LAW 102-240—DEC. 18,1991 
105 STAT. 1915 
costly construction of the Interstate and Defense Highway System 
must be confronted and ceased. 
The National Intermodal Transportation System shall be adapted 
to "intelligent vehicles", "magnetic levitation systems", and other 
new technologies wherever feasible and economical, with benefit 
cost estimates given special emphasis concerning safety consider-
ations and techniques for cost allocation. 
The National Intermodal Transportation System, where appro-
priate, will be financed, £is regards Federal apportionments and 
reimbursements, by the Highway Trust Fund. Financial assistance 
will be provided to State and local governments and their 
instrumentalities to help implement national goals relating to 
mobility for elderly persons, persons with disabilities, and economi-
cally disadvantaged persons. 
The National Intermodal Transportation System must be the 
centerpiece of a national investment commitment to create the new 
wealth of the Nation for the 21st century. 
The Secretary shall distribute copies of this Declaration of Policy 
to each employee of the Department of Transportation and shall 
ensure that such Declaration of Policy is posted in all offices of the 
Department of Transportation. 
SEC. 3. SECRETARY DEFINED. 
49 USC 101 note. 
As used in this Act, the term "Secretary" means the Secretary of 
Transportation. 
TITLE 
I—SURFACE 
TRANSPORTATION 
Part A—Title 23 Programs 
SEC. 1001. COMPLETION OF INTERSTATE SYSTEM. 
(a) DECLARATION.—Congress declares that the authorizations of 23 USC 104 note, 
appropriations and apportionments for construction of the Dwight 
D. Eisenhower National System of Interstate and Defense Highways 
made by this section (including the amendments made by this 
section) are the final authorizations of appropriations and appor-
tionments for completion of construction of such System. 
(b) APPROVAL OF INTERSTATE COST ESTIMATE FOR FISCAL YEAR 
1993.—The Secretary shall apportion for all States (other than 
Massachusetts) for fiscal year 1993 the sums authorized to be appro-
priated for such year by section 108(b) of the Federal-Aid Highway 
Act of 1956 for expenditure on the Dwight D. Eisenhower National 
System of Interstete and Defense Highways, using the apportion-
ment factors contained in revised table 5 of the Committee Print 
Numbered 102-24 of the Committee on Public Works and Transpor-
tation of the House of Representatives. 
(c) EXTENSION OF APPORTIONMENT.—Section 104(b)(5)(A) of title 23, 23 USC 104 note. 
United States Code, is amended bv striking "1960 through 1990" 
each place it appears and inserting 1960 through 1996". 
(d) EXTENSION OF ADMINISTRATIVE ADJUSTMENT OF ICE.—Section 
104(i3)(5XA) of such title is amended by striking the next to the last 
sentence and inserting the following new sentence: "As soon as 
practicable after the date of the enactment of the Intermodal Sur-
face Transportation Efficiency Act of 1991 for fiscal year 1992, and 
on October 1 of each of fiscal years 1993, 1994, and 1995, the 
Secretary shall make the apportionment required by this subpara-
105 STAT. 1916 
PUBLIC LAW 102-240—DEC. 18, 1991 
graph for all States (other than Massachusetts) using the Federal 
share of the last estimate submitted to Congress, adjusted to reflect 
(i) all previous credits, apportionments of interstate construction 
funds, and lapses of previous apportionments of interstate construc-
tion funds, (ii) previous withdrawals of interstate segments, (iii) 
previous allocations of interstate discretionary funds, and (iv) trans-
fers of interstate construction funds.". 
(e) ALLOCATION OF FUNDS TO MASSACHUSETTS.—Section 104(bX5XA) 
of title 23, United States Code, is amended bv inserting before the 
last sentence the following new sentence: 
Notwithstanding any 
other provision of this subparagraph or any cost estimate approved 
or adjusted pursuant to this subparagraph, subject to the deductions 
under this section, the amounts to be apportioned to the State of 
Massachusetts pursuant to this subparagraph for fiscal years 1993, 
1994, 1995, and 1996 shall be as follows: $450,000,000 for fiscal year 
1993, $800,000,000 for fiscal year 1994, $800,000,000 for fiscal year 
1995, and $500,000,000 for fiscal year 1996.". 
23 use 101 note. 
(f) AUTHORIZATION OF APPROPRIATIONS.—The first Sentence of 
subsection (h) of section 108 of the Federal-Aid Highway Act of 1956 
is amended by striking "and the additional sum of $1,400,000,000 for 
the fiscal year ending September 30, 1993." and inserting the follow-
ing: "the additional sum of $1,800,000,000 for the fiscal year ending 
September 30, 1993, the additional sum of $1,800,000,000 for the 
fiscal year ending September 30, 1994, the additional sum of 
$1,800,000,000 for the fiscal year ending September 30,1995, and the 
additional sum of $1,800,000,000 for the fiscal year ending Septem-
ber 30,1996.". 
(g) DECLARATION OF POLICY.—The second paragraph of section 
101(b) of such title is amended— 
(1) bv striking "thirty-seven years' " and inserting "forty 
years''; and 
(2) by striking "1993" and inserting "1996". 
(h) TERMINATION OF MINIMUM APPORTIONMENT.—Section 102(c) of 
the Surface Transportation and Uniform Relocation Assistance Act 
of 1987 (23 U.S.C. 104 note) is amended by inserting after "1987," the 
following: "and ending before October 1,1991,". 
23 use 104 note. SEC.1002. OBLIGATION CEILING. 
(a) GENERAL LIMITATION.—Notwithstanding any other provision of 
law (other than subsection (f) of this section), the total of all obliga-
tions for Federal-aid highways and highway safety construction 
programs shall not exceed— 
(1) $16,800,000,000 for fiscal year 1992; 
(2) $18,303,000,000 for fiscal year 1993; 
(3) $18,362,000,000 for fiscal year 1994; 
(4) $18,332,000,000 for fiscal year 1995; 
(5) $18,357,000,000 for fiscal year 1996; and 
(6) $18,338,000,000 for fiscal year 1997. 
(b) EXCEPTIONS.—The limitations under subsection (a) shall not 
apply to obligations— 
(1) under section 125 of title 23, United States Code; 
(2) under section 157 of such title; 
(3) under section 147 of the Surface Transportation Assistance 
Act of 1978; 
(4) under section 9 of the Federal-Aid Highway Act of 1981; 
(5) under sections 131(b) and 131(j) of the Surface Transpor-
tation Assistance Act of 1982; 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1917 
(6) under section 404 of the Surface Transportation Assistance 
Act of 1982; and 
(7) under sections 1103 through 1108 of this Act. 
Such limitations shall also not apply to obligations of funds made 
available by subsections 0^) and (c) of section 149 of the Surface 
Transportation and Uniform Relocation Assistance Act of 1987. 
(c) DISTRIBUTION OF OBLIGATION AUTHORITY.— 
(1) GENERAL RULE.—For each of fiscal years 1992, 1993, 1994, 
1995, 1996, and 1997, the Secretary shall distribute the limita-
tion imposed by subsection (a) by allocation in the ratio which 
sums authorized to be appropriated for Federal-aid highways 
and highway safety construction which are apportioned or allo-
cated to each State for such fiscal year bears to the total of the 
sums authorized to be appropriated for Federal-aid highways 
and highway safety construction which are apportioned or allo-
cated to all the States for such fiscal year. 
(2) SPECIAL RULE FOR MASSACHUSETTS.—For purposes of this 
section, funds apportioned to the State of Massachusetts pursu-
ant to the next to the last sentence of section 10403X5XA) of title 
23, United States Code, shall be treated as if such funds were 
allocated to such State under such title. If, before October 1 of 
each of fiscal years 1992, 1993, 1994, and 1995, the State of 
Massachusetts indicates it will not obligate a portion of the 
amount which would be distributed to such State under the 
preceding sentence, the Secretary shall distribute such portion 
to the other States under paragraph (1). 
(d) LIMITATION ON OBLIGATION AUTHORITY.—During the period 
October 1 through December 31 of each of fiscal years 1992, 1993, 
1994, 1995, 1996, and 1997, no State shall obligate more than 35 
percent of the amount distributed to such State under subsection (c) 
for such fiscal year, and the total of all State obligations during such 
period shall not exceed 25 percent of the total amount distributed to 
all States under such subsection for such fiscal year. 
(e) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwith-
standing subsections (c) and (d), the Secretary shall— 
(1) provide all States with authority sufficient to prevent 
lapses of sums authorized to be appropriated for Federal-aid 
highways and highway safety construction which have been 
apportioned or allocated to a State, except in those instances in 
which a State indicates its intention to lapse sums apportioned 
under section 104(b)(5)(A) of title 23, United States Code; 
(2) after August 1 of each of fiscal years 1992, 1993,1994,1995, 
1996, and 1997, revise a distribution of the funds made available 
under subsection (c) for such fiscal year if a State will not 
obligate the amount distributed during such fiscal year and 
redistribute sufficient amounts to those States able to obligate 
amounts in addition to those previously distributed during such 
fiscal year giving priority to those States having large unobli-
gated balances of funds apportioned under sections 104 and 144 
of title 23, United States Code; and 
(3) not distribute amounts authorized for administrative ex-
penses, Federal lands highways programs, and the national 
high speed ground transportation programs and amounts made 
available under section 149(d) of the Surface Transportation and 
Uniform Relocation Assistance Act of 1987. 
(f) ADDITIONAL OBLIGATION AUTHORITY.— 
105 STAT. 1918 
PUBLIC LAW 102-240—DEC. 18,1991 
(1) IN GENERAL.—Subject to paragraph (2), a State which after 
August 1 and on or before September 30 of fiscal year 1993, 
1994, 1995, 1996, or 1997 obligates the amount distributed to 
such State in such fiscal year under subsections (c) £ind (e) may 
obligate for Federal-aid highways and highway safety construc-
tion on or before September 30 of such fiscal year an additional 
amount not to exceed 5 percent of the aggregate amount of 
funds apportioned or allocated to such State— 
(A) under sections 104 and 144 of title 23, United States 
Code, and 
(B) for highway assistance projects under section 103(eX4) 
of such title, 
which are not obligated on the date such State completes obliga-
tion of the amount so distributed. 
(2) LIMITATION ON ADDITIONAL OBUGATION AUTHORITY.— 
During the period August 2 through September 30 of each of 
fiscal years 1993, 1994, 1995, 1996, and 1997, the aggregate 
amount which may be obligated by all States pursuant to 
paragraph (1) shall not exceed 2.5 percent of the aggregate 
amount of funds apportioned or allocated to all States— 
(A) under sections 104 and 144 of title 23, United States 
Code, and 
(B) for highway assistance projects under section 103(e)(4) 
of such title, 
which would not be obligated in such fiscal year if the total 
amount of obligational authority provided by subsection (a) for 
such fiscal year were utilized. 
(3) LIMITATION ON APPUCABIUTY.—Paragraph (1) shall not 
apply to any State which on or after August 1 of fiscal year 
1993, 1994, 1995, 1996, or 1997, as the case may be, has the 
amount distributed to such State under subsection (c) for such 
fiscal year reduced under subsection (e)(2). 
(g) OBLIGATION CEIUNG FOR HIGHWAY SAFETY PROGRAMS.—Not-
withstanding any other provision of law, the total of all obligations 
for highway safety programs carried out by the Federal Highway 
Administration under section 402 of title 23, United States Code, 
shall not exceed $10,000,000 for fiscal year 1992 and $20,000,000 for 
each of fiscal years 1993,1994,1995,1996, and 1997. 
(h) CONFORMING AMENDMENT.—Section 157(b) of title 23, United 
States Code, is amended by striking the period at the end of the last 
sentence and inserting "and section 1002(c) of the Intermodal Sur-
face Transportation Efficiency Act of 1991.". 
SEC. 1003. AUTHORIZATION OF APPROPRIATIONS. 
(a) FROM THE HIGHWAY TRUST FUND.—For the purpose of carrying 
out the provisions of title 23, United States Code, the following sums 
are authorized to be appropriated out of the Highway Trust Fund 
(other than the Mass Transit Account): 
(1) INTERSTATE MAINTENANCE PROGRAM.—For the Interstate 
maintenance program $2,431,000,000 for fiscal year 1992, 
$2,913,000,000 for fiscal year 1993, $2,914,000,000 for fiscal year 
1994, $2,914,000,000 for fiscal year 1995, $2,914,000,000 for fiscal 
year 1996, and $2,914,000,000 for fiscal year 1997. 
(2) NATIONAL HIGHWAY SYSTEM.—For the National Highway 
System $3,003,000,000 for fiscal year 1992, $3,599,000,000 for 
fiscal 
year 
1993, $3,599,000,000 for 
fiscal 
year 1994, 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1919 
$3,599,000,000 for fiscal year 1995, $3,600,000,000 for fiscal year 
1996, and $3,600,000,000 for fiscal year 1997. 
(3) SURFACE TRANSPORTATION PROGRAM.—For the 
surface 
transportation program $3,418,000,000 for fiscal year 1992, 
$4,096,000,000 for fiscal year 1993, $4,096,000,000 for fiscal year 
1994, $4,096,000,000 for fiscal year 1995, $4,097,000,000 for fiscal 
year 1996, and $4,097,000,000 for fiscal year 1997. 
(4) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 
PROGRAM.—For the congestion mitigation and air quality 
improvement 
program 
$858,000,000 for fiscal year 1992, 
$1,028,000,000 for fiscal year 1993, $1,028,000,000 for fiscal year 
1994, $1,028,000,000 for fiscal year 1995, $1,029,000,000 for fiscal 
year 1996, and $1,029,000,000 for fiscal year 1997. 
(5) BRIDGE PROGRAM.—For the bridge program $2,288,000,000 
for fiscal year 1992, $2,762,000,000 for fiscal year 1993, 
$2,762,000,000 for fiscal year 1994, $2,762,000,000 for fiscal year 
1995, $2,763,000,000 for fiscal year 1996, and $2,763,000,000 for 
< 
fiscal year 1997. 
^ 
(6) FEDERAL LANDS HIGHWAY PROGRAM.— 
(A) INDIAN RESERVATION ROADS.—For Indian reservation 
roads $159,000,000 for fiscal year 1992 and $191,000,000 for 
each of fiscal years 1993,1994,1995,1996, and 1997. 
(B) PuBUC LANDS HIGHWAYS.—For public lands highways 
$143,000,000 for fiscal year 1992, $171,000,000 for each of 
fiscal years 1993, 1994, and 1995, and $172,000,000 for each 
of fiscal years 1996 and 1997. 
(C) PARKWAYS AND PARK HIGHWAYS.—For parkways and 
park highways $69,000,000 for fiscal year 1992, $83,000,000 
for each of fiscal years 1993, 1994, and 1995, and $84,000,000 
for each of fiscal years 1996 and 1997. 
(7) FHWA HIGHWAY SAFETY PROGRAMS.—For carrying out 
section 402 by the Federal Highway Administration $17,000,000 
for fiscal year 1992 and $20,000,000 for each of fiscal years 1993, 
1994,1995,1996, and 1997. 
(8) FHWA HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.— 
For carrying out section 403 by the Federal Highway Adminis-
tration $10,000,000 for each of fiscal years 1992,1993,1994,1995, 
1996, and 1997. 
0?) DISADVANTAGED BUSINESS ENTERPRISES.— 
(1) GENERAL RULE.—Except to the extent that the Secretary 
determines otherwise, not less than 10 percent of the amounts 
authorized to be appropriated under titles I (other than part B), 
III, V, and VI of this Act shall be expended with small business 
concerns owned and controlled by socially and economically 
disadvantaged individuals. 
(2) DEFINITIONS.—For purposes of this subsection, the follow-
ing definitions apply: 
(A) SMALL BUSINESS CONCERN.—The term "small business 
concern" has the meaning such term has under section 3 of 
the Small Business Act (15 U.S.C. 632); except that such 
term shall not include any concern or group of concerns 
controlled by the same socially and economically disadvan-
taged individual or individuals which has average annual 
gross receipts over the preceding 3 fiscal years in excess of 
$15,370,000, as adjusted by the Secretary for inflation. 
(B) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVID-
UALS.—The term "socially and economically disadvantaged 
105 STAT. 1920 
PUBLIC LAW 102-240—DEC. 18, 1991 
individuals" has the meaning such term has under section 
8(d) of the Small Business Act (15 U.S.C. 637(d)) and rel-
evant subcontracting regulations promulgated pursuant 
thereto; except that women shall be presumed to be socially 
and economically disadvantaged individuals for purposes of 
this subsection. 
(3) ANNUAL USTING OF DISADVANTAGED BUSINESS ENTER-
PRISES.—Each State shall annually survey and compile a list of 
the small business concerns referred to in paragraph (1) and the 
location of such concerns in the State and notify the Secretary, 
in writing, of the percentage of such concerns which are con-
trolled by women, by socially and economically disadvantaged 
individuals (other than women), and by individuals who are 
women and are also otherwise socially and economically dis-
advantaged individuals. 
(4) UNIFORM CERTIFICATION.—The Secretary shall establish 
minimum uniform criteria for State governments to use in 
certifying whether a concern qualifies for purposes of this 
subsection. Such minimum uniform criteria shall include but 
not be limited to on-site visits, personal interviews, licenses, 
analysis of stock ownership, listing of equipment, analysis of 
bonding capacity, listing of work completed, resume of principal 
owners, financial capacity, and type of work preferred. 
(5) STUDY.— 
(A) IN GENERAL.—The Comptroller General shall conduct 
a study of the disadvantaged business enterprise program of 
the Federal Highway Administration (hereinafter in this 
paragraph referred to as the "program"). 
(B) CONTENTS.—The study under this paragraph shall 
include the following: 
(i) GRADUATION.—A determination of— 
(I) the percentage of disadvantaged business 
enterprises which have enrolled in the program 
and graduated after a period of 3 years; 
(II) the number of disadvantaged business enter-
prises which have enrolled in the program and not 
graduated after a period of 3 years; 
(III) whether or not the graduation date of any of 
the disadvantaged business enterprises described 
in subclause (II) should have been accelerated; 
(IV) since the program has no graduation time 
requirements, how many years would appear 
reasonable for disadvantaged business enterprises 
to participate in the program; 
(V) the length of time the average small 
nondisadvantaged business enterprise takes to be 
successful in the highway construction field as 
compared to the average disadvantaged business 
enterprise; and 
(VI) to what degree are disadvantaged business 
enterprises awarded contracts once they are no 
longer participating in the disadvantaged business 
program. 
(ii) OUT-OF-STATE CONTRACTING.—A determination of 
which State transportation programs meet the require-
ment of the program for 10 percent participation by 
disadvantaged business enterprises by contracting with 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1921 
contractors located in another State and a determina-
tion to what degree prime contractors use out-of-State 
disadvantaged business enterprises even when dis-
advantaged business enterprises exist within the State 
to meet the 10 percent participation goal and reasons 
why this occurs. 
(iii) PROGRAM ADJUSTMENTS.—A determination of 
whether or not adjustments in the program could be 
made with respect to Federal and State participation in 
training programs and with respect to meeting capital 
needs and bonding requirements. 
(iv) SUCCESS RATE.—Recommendations concerning 
whether or not adjustments described in clause (iii) 
would continue to encourage minority participation in 
the program and improve the success rate of the dis-
advantaged business enterprises. 
(v) PERFORMANCE AND FINANCIAL CAPABILITIES.—Rec-
ommendations for additions and revisions to criteria 
used to determine the performance and financial 
capabilities of disadvantaged business enterprises en-
rolled in the program. 
(vi) ENFORCEMENT MECHANISMS.—A determination of 
whether the current enforcement mechanisms are 
sufficient to ensure compliance with the disadvantaged 
business enterprise participation requirements. 
(vii) ADDITIONAL COSTS.—A determination of addi-
tional costs incurred by the Federal Highway Adminis-
tration in meeting the requirement of the program for 
10 percent participation by disadvantaged business 
enterprises as well as a determination of benefits of the 
program. 
(viii) EFFECT ON INDUSTRY.—A determination of how 
the program is being implemented by the construction 
industry and the effects of the program on all segments 
I 
of the industry. 
(ix) CERTIFICATION.—An analysis of the certification 
process for Federal-aid highway and transit programs, 
including a determination as to whether the process 
should be uniform and permit State-to-State reciprocity 
and how certification criteria and procedures are being 
implemented by the States. 
(x) GOALS.—A determination of how the Federal goal 
is being implemented by the States, including the 
waiver process, and the impact of the goal on those 
individuals presumed to be socially and economically 
disadvantaged. 
(C) REPORT.—Not later than 12 months after the date of 
the enactment of this Act, the Comptroller General shall 
transmit to the Committee on Environment and Public 
Works of the Senate and the Committee on Public Works 
and Transportation of the House of Representatives a 
report on the results of the study conducted under this 
paragraph. 
(c) REDUCTION IN AUTHORISSATIONS FOR BUDGET COMPUANCE.—If 
the total amount authorized by this Act out of the Highway Trust 
Fund (other than the Mass Transit Account) exceeds $17,042,000,000 
for fiscal year 1992, or exceeds $98,642,000,000 for fiscal years 1992 
105 STAT. 1922 
PUBLIC LAW 102-240—DEC. 18, 1991 
through 1996, then each amount so authorized shall be reduced 
proportionately so that the total equals $17,042,000,000 for fiscal 
year 1992, or equals $98,642,000,000 for fiscal years 1992 through 
1996, as the case may be. 
SEC. 1004. BUDGET COMPLIANCE. 
(a) IN GENERAL.—If obligations provided for programs pursuant to 
this Act for fiscal year 1992 will cause— 
(1) the total outlays in any of the fiscal years 1992 through 
1995 which result from this Act, to exceed 
(2) the total outlays for such programs in any such fiscal year 
, which result from appropriation Acts for fiscal year 1992 and 
are attributable to obligations for fiscal year 1992, 
then the Secretary of Transportation shall reduce proportionately 
the obligations provided for each program pursuant to this Act for 
fiscal year 1992 to the extent required to avoid such excess outlays. 
Qy) COORDINATION WITH OTHER PROVISIONS.—The provisions of this 
section shall apply, notwithstanding any provision of this Act to the 
contrary. 
SEC. 1005. DEFINITIONS. 
(a) HIGHWAY SAFETY IMPROVEMENT PROJECT.—The undesignated 
paragraph of section 101(a) of title 23, United States Code, relating 
to highway safety improvement project is amended by inserting 
after "marking," the following: "installs priority control systems for 
emergency vehicles at signalized intersections,". 
(b) URBANIZED AREA.—Such section is amended by striking the 
undesignated paragraph relating to urbanized area and inserting 
the following new undesignated paragraph: 
"The term 'urbanized area' means an area with a population of 
50,000 or more designated by the Bureau of the Census, within 
boundaries to be fixed by responsible State and local officials in 
cooperation with each other, subject to approval by the Secretary. 
Boundaries shall, at a minimum, encompass the entire urbanized 
area within a State as designated by the Bureau of the Census.". 
(c) NATIONAL HIGHWAY SYSTEM.—Such section is further amended 
by striking the undesignated parsigraph relating to the Federal-aid 
primary system and inserting the following new undesignated 
paragraph: 
"The term 'National Highway System' means the Federal-aid 
highway system described in subsection (b) of section 103 of this 
title.". 
(d) CONFORMING AMENDMENTS.—Such section is amended— 
(1) by striking the undesignated pareigraph relating to the 
Federal-aid secondary system; 
(2) by striking the undesignated paragraph relating to the 
Federal-aid urban system; 
(3) in the undesignated paragraph relating to Indian reserva-
tion roads by striking ", including roads on the Federal-aid 
systems,"; and 
(4) in the undesignated pareigraph relating to park road by 
inserting ", including a bridge built primarily for pedestrian 
use, but with capacity for use by emergency vehicles," before 
"that is located within". 
(e) INTERSTATE SYSTEM.—The undesignated paragraph of such sec-
tion relating to the Interstate System is amended by inserting 
"Dwight D. Eisenhower" before "National". 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1923 
if) OPERATIONAL IMPROVEMENT.—Such section is further amended 
by inserting after the undesignated paragraph relating to Interstate 
System the following new undesignated paragraph: 
"The term 'operational improvement' means a capital improve-
ment for installation of traffic surveillance and control equipment, 
computerized signal systems, motorist information systems, in-
tegrated traffic control systems, incident management programs, 
and transportation demand management facilities, strategies, and 
programs and such other capital improvements to public roads as 
the Secretary may designate, by regulation; except that such term 
does not include resurfacing, restoring, or rehabilitating improve-
ments, construction of additional lanes, interchanges, and grade 
separations, and construction of a new facility on a new location.". 
(g) STARTUP COSTS FOR TRAFFIC MANAGEMENT AND CONTROL; CAR-
POOL PROJECT; PUBLIC AUTHORITY; PUBLIC LANDS HIGHWAY; RE-
CONSTRUCTION.—Such section is further amended by inserting after 
the undesignated paragraph relating to Interstate System the fol-
lowing new undesignated paragraphs: 
"The term 'startup costs for traffic management and control' 
means initial costs (including labor costs, administration costs, cost 
of utilities, and rent) for integrated traffic control systems, incident 
management programs, and traffic control centers. 
"The term 'carpool project' means any project to encourage the 
use of carpools and vanpools, including but not limited to provision 
of carpooling opportunities to the elderly and handicapped, systems 
for locating potential riders and informing them of carpool 
opportunities, acquiring vehicles for carpool use, designating exist-
ing highway lanes as preferential carpool highway lanes, providing 
related traffic control devices, and designating existing facilities for 
use for preferential parking for carpools. 
"The term 'public authority' means a Federal, State, county, 
town, or township, Indian tribe, municipal or other local govern-
ment or instrumentality with authority to finance, build, operate, or 
maintain toll or toll-free facilities. 
"The term 'public lands highway' means a forest road under the 
jurisdiction of and maintained by a public authority and open to 
public travel or any highway through unappropriated or unreserved 
public lands, nontaxable Indian lands, or other Federal reservations 
under the jurisdiction of and maintained by a public authority and 
open to public travel.". 
SEC. 1006. NATIONAL HIGHWAY SYSTEM. 
(a) ESTABLISHMENT.—Section 103 of title 23, United States Code, is 
amended by striking subsections (a) and (b) and inserting the follow-
ing new subsections: 
"(a) IN GENERAL.—For purposes of this title, the Federal-aid sys-
tems are the Interstate System and the National Highway System. 
"(b) NATIONAL HIGHWAY SYSTEM.— 
"(1) PURPOSE.—The purpose of the National Highway System 
is to provide an interconnected system of principal arterial 
routes which will serve major population centers, international 
border crossings, ports, airports, public transportation facilities, 
and other intermodal transportation facilities and other major 
travel destinations; meet national defense requirements; and 
serve interstate and interregional travel. 
"(2) COMPONENTS.—The National Highway System shall con-
sist of the following: 
105 STAT. 1924 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(A) Highways designated as part of the Interstate 
System under subsection (e) and section 139 of this title. 
"(B) Other urban and rural principal arterials and high-
ways (including toll facilities) which provide motor vehicle 
access between such an arterial and a major port, airport, 
public transportation facility, or other intermodal transpor-
tation facility. The States, in cooperation with local and 
regional officials, shall propose to the Secretary arterials 
and highways for designation to the National Highway 
System under this paragraph. In urbanized areas, the local 
officials shall act through the metropolitan 
planning 
organizations designated for such areas under section 134 of 
this title. The routes on the National Highway System, as 
shown on the map submitted by the Secretary to the 
Committee on Public Works and Transportation of the 
House of Representatives and the Committee on Environ-
ment and Public Works of the Senate in 1991, illustrating 
the National Highway System, shall serve as the basis for 
the States in proposing arterials and highways for designa-
tion to such system. The Secretary may modify or revise 
such proposals and submit such modified or revised pro-
posals to Congress for approval in accordance with para-
graph (3). 
"(C) A strategic highway network which is a network of 
highways which are important to the United States strate-
gic defense policy and which provide defense access, con-
tinuity, and emergency capabilities for the movement of 
personnel, materiels, and equipment in both peace time and 
war time. Such highways may include highways on and off 
the Interstate System and shall be designated by the Sec-
retary in consultation with appropriate Federal agencies 
and the States and be subject to approval by Congress in 
accordance with paragraph (3). 
"(D) Major strategic highway network connectors which 
are highways that provide motor vehicle access between 
major military installations and highways which are part of 
the strategic highway network. Such highways shall be 
designated by the Secretary in consultation with appro-
priate Federal agencies and the States and subject to ap-
proval by Congress in accordance with paragraph (3). 
"(3) APPROVAL OF DESIGNATIONS.— 
"(A) PROPOSED DESIGNATIONS.—Not later than 2 years 
after the date of the enactment of this section, the Sec-
retary shall submit for approval to the Committee on 
Environment and Public Works of the Senate and the 
Committee on Public Works and Transportation of the 
House of Representatives a proposed National Highway 
System with a list and description of highways proposed to 
be designated to the National Highway System under this 
subsection and a map showing such proposed designations. 
In preparing the proposed system, the Secretary shall con-
sult appropriate local officials and shall use the functional 
reclassification of roads and streets carried out under 
subsection (c) of section 1006 of the Intermodal Surface 
Transportation Efficiency Act of 1991. 
"(B) APPROVAL OF CONGRESS REQUIRED.—After September 
30, 1995, no funds made available for carrying out this title 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1925 
may be apportioned for the National Highway System or 
the Interstate maintenance program under this title unless 
a law has been approved designating the National Highway 
System. 
"(C) MAXIMUM MILEAGE.—For purposes of proposing high-
ways for designation to the National Highway System, the 
mileage of highways on the National Highway System shall 
not exceed 155,000 miles; except that the Secretary may 
increase or decrease such maximum mileage by not to 
exceed 15 percent. 
"(D) EQUITABLE ALLOCATIONS OF HIGHWAY MILEAGE.—In 
proposing highways for designation to the National High-
way System, the Secretary shall provide for equitable 
allocation of highway mileage among the States. 
"(4) INTERIM SYSTEM.—For fiscal years 1992, 1993, 1994, and 
1995, highways classified as principal arterials by the States 
shall be treated as being on the National Highway System for 
purposes of this title.". 
(b) CONFORMING AMENDMENTS TO SECTION 103.— 
23 use 103. 
(1) REPEAL OF FEDERAL-AID SECONDARY AND URBAN SYSTEMS.— 
Subsections (c) and (d) of such section are repealed. 
(2) APPROVAL.—Subsection (f) of such section is amended— 
(A) by striking "the Federal-aid primary system, the 
Federal-aid secondary system, the Federal-aid 
urban 
system, and"; and 
(B) by striking the last sentence. 
(c) FUNCTIONAL RECLASSIFICATION OF HIGHWAYS.— 
23 use 103 note. 
(1) STATE ACTION.—Each State shall functionally reclassify the 
roads and streets in such State in accordance with such guide-
lines and time schedule as the Secretary may establish in order 
to carry out the objectives of this section, including the amend-
ments made by this section. 
(2) APPROVAL AND SUBMISSION TO CONGRESS.—Not later than Reports. 
September 30, 1993, the Secretary shall approve the functional 
reclassification of roads and streets made by the States pursu-
ant to this subsection and shall submit a report to Congress 
containing such reclassification. 
(3) STATE DEFINED.—In this subsection, the term "State" has 
the meaning such term has under section 101 of title 23, United 
States Code, and shall include the Virgin Islands, American 
Samoa, Guam, and the Commonwealth of the Northern 
Marianas. 
(d) PROJECT ELIGIBILITY.—Section 103 of title 23, United States 
Code, is amended by adding at the end the following new subsection: 
"(i) ELIGIBLE PROJECTS FOR NHS.—Subject to project approval by 
the Secretary, funds apportioned to a State under section 104(b)(1) 
for the National Highway System may be obligated for any of the 
following: 
"(1) Construction, reconstruction, resurfacing, restoration, 
and rehabilitation of segments of such system. 
"(2) Operational improvements for segments of such system. 
"(3) Construction of, and operational improvements for, a 
Federal-aid highway not on the National Highway System and 
construction of a transit project eligible for assistance under the 
Federal Transit Act— 
105 STAT. 1926 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(A) if such highway or transit project is in the same 
corridor as, and in proximity to, a fully access controlled 
highway designated to the National Highway System; 
(B) if the construction or improvements will improve the 
level of service on the fully access controlled highway and 
improve regional travel; and 
(C) if the construction or improvements are more cost 
effective than an improvement to the fully access controlled 
highway that has benefits comparable to the benefits which 
will be achieved by the construction of, or improvements to, 
the highway not on the National Highway System. 
"(4) Highway safety improvements for segments of the Na-
tional Highway System. 
"(5) Transportation planning in accordance with sections 134 
and 135. 
"(6) Highway research and planning in accordance with sec-
tion 307. 
"(7) Highway-related technology transfer activities. 
"(8) Startup costs for traffic management and control if such 
costs are limited to the time period necessary to achieve oper-
able status but not to exceed 2 years following the date of 
project approval, if such funds are not used to replace existing 
funds. 
"(9) Fringe and corridor parking facilities. 
"(10) Carpool and vanpool projects. 
"(11) Bicycle transportation and pedestrian walkways in 
accordance with section 217. 
"(12) Development and establishment of management systems 
under section 303. 
"(13) In accordance with all applicable Federal law and regu-
lations, participation in wetlands mitigation efforts related to 
projects funded under this title, which may include participa-
tion in wetlands mitigation banks; contributions to statewide 
and regional efforts to conserve, restore, enhance and create 
wetlands; and development of statewide and regional wetlands 
conservation and mitigation plans, including any such banks, 
efforts, and plans authorized pursuant to the Water Resources 
Development Act of 1990 (including crediting provisions). Con-
tributions to such mitigation efforts may take place concurrent 
with or in advance of project construction. Contributions toward 
these efforts may occur in advance of project construction only 
if such efforts are consistent with all applicable requirements of 
Federal law and regulations and State transportation planning 
processes.". 
23 use 104. 
(e) APPORTIONMENTS.—Section 104(bXl) of such title is amended to 
read as follows: 
"(1) NATIONAL HIGHWAY SYSTEM.—For the National Highway 
System 1 percent to the Virgin Islands, Guam, American 
Samoa, and the Commonwealth of Northern Mariana Islands 
and the remaining 99 percent apportioned in the same ratio as 
funds are apportioned under paragraph (3).". 
(f) TRANSFERABILITY.—Section 104 of such title is amended by 
striking subsection (c) and inserting the following new subsection: 
"(c) TRANSFERABILITY OF NHS APPORTIONMENTS.—A State may 
transfer not to exceed 50 percent of the State's apportionment under 
subsection (b)(1) to the apportionment of the State under subsection 
(bX3). A State may transfer not to exceed 100 percent of the State's 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1927 
apportionment under subsection (bXD 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. Section 133(d) shall not apply to funds transferred 
under this subsection.", 
(g) CONFORMING AMENDMENTS TO OTHER SECTIONS.— 
' 
(1) DEFINITIONS.—Section 101(a) of title 23, United States 
Code, is amended by striking the paragraph relating to Federal-
aid highways and inserting the following new paragraph: 
"The term 'Federal-aid highways' means highways eligible for 
assistance under this chapter other than highways classified as local 
roads or rural minor collectors.". 
(2) PREVAIUNG RATE OF WAGE.—Section 113(a) of such title is 
amended by striking "systems, the primary and secondary, as 
well as their extension in urban areas, and the Interstate 
System," and inserting "highways". 
(h) NATIONAL DEFENSE HIGHWAYS LOCATED OUTSIDE UNITED 23 use 311 note. 
STATES.— 
(1) RECONSTRUCTION PROJECTS.—If the Secretary determines, 
after consultation with the Secretary of Defense, that a high-
way, or portion of a highway, located outside the United States 
is important to the national defense, the Secretary may carry 
out a project for the reconstruction of such highway or portion 
of highway. 
(2) FUNDING.—The Secretary may make available, from funds 
appropriated to construct the National System of Interstate and 
Defense Highways, not to exceed $20,000,000 per fiscal year for 
each of fiscal years 1993, 1994, 1995, and 1996 to carry out this 
subsection. Such sums shall remain available until expended. 
SEC. 1007. SURFACE TRANSPORTATION PROGRAM. 
(a) ESTABUSHMENT OF PROGRAM.— 
(1) IN GENERAL.—Chapter 1 of title 23, United States Code, is 
amended by inserting after section 132 the following new 
' 
section: 
"§ 133. Surface transportation program 
• 
"(a) EsTABUSHMENT.—The Secretary shall establish a surface 
transportation program in accordance with this section. 
"(b) EuGiBLE PROJECTS.—A State may obligate funds apportioned 
to it under section 104(b)(3) for the surface transportation program 
only for the following: 
"(1) Construction, reconstruction, rehabilitation, resurfacing, 
restoration, 
and 
operational 
improvements 
for 
highways 
(including Interstate highways) and bridges (including bridges 
on public roads of all functional classifications), including any 
such construction or reconstruction necessary to accommodate 
other transportation modes, and including the seismic retrofit 
and painting of and application of calcium magnesium acetate 
on bridges and approaches thereto and other elevated struc-
tures, mitigation of damage to wildlife, habitat, and ecosystems 
caused by a transportation project funded under this title. 
"(2) Capital costs for transit projects eligible for assistance 
under the Federal Transit Act and publicly owned intracity or 
intercity bus terminals and facilities. 
105 STAT. 1928 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(3) Carpool projects, fringe and corridor parking facilities 
and programs, and bicycle transportation and pedestrian walk-
ways in accordance with section 217. 
' (4) Highway and transit safety improvements and programs, 
hazard eliminations, projects to mitigate hazards caused by 
wildlife, and railway-highway grade crossings. 
"(5) Highway and transit research and development and tech-
nology transfer programs. 
"(6) Capital and operating costs for traffic 
monitoring, 
management, and control facilities and programs. 
v 
"(7) Surface transportation planning programs. 
"(8) Transportation enhancement activities. 
"(9) Transportation 
control measures listed in 
section 
108(fXl)(A) (other than clauses (xii) and (xvi)) of the Clean Air 
Act. 
"(10) Development and establishment of management systems 
under section 303. 
"(11) In accordance with all applicable Federal law and regu-
lations, participation in wetlands mitigation efforts related to 
projects funded under this title, which may include participa-
tion in wetlands mitigation banks; contributions to statewide 
and regional efforts to conserve, restore, enhance and create 
wetlands; and development of statewide and regional wetlands 
conservation and mitigation plans, including any such banks, 
efforts, and plans authorized pursuant to the Water Resources 
Development Act of 1990 (including crediting provisions). Con-
tributions to such mitigation efforts may take place concurrent 
with or in advance of project construction. Contributions toward 
these efforts may occur in advance of project construction only 
if such efforts are consistent with all applicable requirements of 
Federal law and regulations and State transportation planning 
processes. 
"(c) LOCATION OF PROJECTS.—Except as provided in subsection 
(bXl), surface transportation program projects (other than those 
described in subsections (b) (3) and (4)) may not be undertaken on 
roads functionally clsissified as local or rural minor collectors, unless 
such roads are on a Federal-aid highway system on January 1,1991, 
and except as approved by the Secretary. 
"(d) ALLOCATIONS OF APPORTIONED FUNDS.— 
"(1) FOR SAFETY PROGRAMS.—10 percent of the funds appor-
tioned to a State under section 104(bX3) for the surface transpor-
tation program for a fiscal year shall only be aveiilable for 
carrying out sections 130 and 152 of this title. Of the funds set 
aside under the preceding sentence, the State shall reserve in 
such fiscal year an amount of such funds for carrying out each 
such section which is not less than the amount of funds appor-
tioned to the State in fiscal year 1991 under such section. 
"(2) FOR TRANSPORTATION ENHANCEMENT ACTIVITIES.—10 per-
cent of the funds apportioned to a State under section 104(bX3) 
for a fiscal year shall only be available for transportation 
enhancement activities. 
"(3) DIVISION BETWEEN URBANIZED AREAS OF OVER 200,000 
POPULATION AND OTHER AREAS.— 
"(A) GENERAL RULE.—Except as provided in subpara-
graphs (C) and (D), 62.5 percent of the remaining 80 percent 
of the funds apportioned to a State under section 104(bX3) 
for a fiscal year shall be obligated under this section— 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1929 
"(i) in urbanized areas of the State with an urbanized 
area population of over 200,000, and 
"(ii) in other areas of the State, 
in proportion to their relative share of the State's popu-
lation. The remaining 37.5 percent may be obligated in any 
area of the State. Funds attributed to an urbanized area 
under clause (i) may be obligated in the metropolitan area 
established under section 134 which encompasses the ur-
banized area. 
"(B) SPECIAL RULE FOR AREAS OF LESS THAN 5,OOO POPU-
LATION.—Of the amounts required tobe obligated under 
subparagraph (AXii), 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 amount of funds apportioned to the State for the Fed-
eral-aid secondary system for fiscal year 1991. 
"(C) SPECIAL RULE FOR CERTAIN STATES.—In the case of a 
State in which— 
"(i) greater than 80 percent of the population of the 
State is located in 1 or more metropolitan statistical 
areas, and 
"(ii) greater than 80 percent of the land area of such 
State is owned by the United States, 
the 62.5 percentage specified in the first sentence of 
subparagraph (A) shall be 35 percent and the percentage 
specified in the second sentence of subparagraph (A) shall 
be 65 percent. 
"(D) NONCONTIGUOUS STATES EXEMPTION.—Subparagraph 
(A) shall not apply to any State which is noncontiguous 
with the continental United States. 
"(E) DISTRIBUTION BETWEEN URBANIZED AREAS OF OVER 
200,000 POPULATION.—The amount of funds which a State is 
required to obligate under subparagraph (AXi) shall be 
obligated in urbanized areas described in subparagraph 
(AXi) based on the relative population of such areas; except 
that the State may obligate such funds based on other 
factors if the State and the relevant metropolitan planning 
organizations jointly apply to the Secretary for the permis-
sion to do so and the Secretary grants the request. 
"(4) 
APPUCABILITY OF PLANNING REQUIREMENTS.—Program-
ming and expenditure of funds for projects under this section 
shall be consistent with the requirements of sections 134 and 
135 of this title. 
"(e) ADMINISTRATION.— 
"(1) NoNCOMPUANCE.—If the Secretary determines that a 
State or local government has failed to comply substantially 
with any provision of this section, the Secretary shall notify the 
State that, if the State fails to take corrective action within 60 
days from the date of receipt of the notification, the Secretary 
will withhold future apportionments under section 104(bX3) 
until the Secretary is satisfied that appropriate corrective 
action has been taken. 
"(2) CERTIFICATION.—The Governor of each State shall certify 
before the beginning of each quarter of a fiscal year that the 
State will meet all the requirements of this section and shall 
notify the Secretary of the amount of obligations expected to be 
incurred for surface transportation program projects during 
105 STAT. 1930 
PUBLIC LAW 102-240—DEC. 18, 1991 
such quarter. A State may request adjustment to the obligation 
amounts later in each of such quarters. Acceptance of the 
notification and certification shall be deemed a contractual 
obligation of the United States for the payment of the surface 
transportation program funds expected to be obligated by the 
State in such quarter for projects not subject to review by the 
Secretary under this chapter. 
"(3) PAYMENTS.—The Secretary shall make pa3nnents to a 
State of costs incurred by the State for the surface transpor-
tation program in accordance with procedures to be established 
by the Secretary. Payments shall not exceed the Federal share 
of costs incurred as of the date the State requests payments. 
"(4) POPULATION DETERMINATIONS.—The Secretary shall use 
estimates prepared by the Secretary of Commerce when deter-
mining population figures for purposes of this section. 
Urban areas. 
"(f) ALLOCATION OF O B U G A T I O N AUTHORITY.—A State which is 
required to obligate in an urbanized area with an urbanized area 
population of over 200,000 under subsection (d) funds apportioned to 
it under section 104(bX3) shall allocate during the 6-fiscal year 
period 1992 through 1997 an amount of obligation authority distrib-
uted to the State for Federal-£iid highways and highway safety 
construction for use in such area determined by multiplying— 
"(1) the aggregate amount of funds which the State is re-
quired to obligate in such area under subsection (d) during such 
period; by 
"(2) the ratio of the aggregate amount of obligation authority 
distributed to the State for Federal-aid highways and highway 
safety construction during such period to the total sums appor-
tioned to the State for Federal-aid highways and highway safety 
construction (excluding sums not subject to an obligation limita-
tion) during such period.". 
(2) CONFORMING AMENDMENT.—The analysis for chapter 1 of 
such title is amended by inserting after the item relating to 
section 132 the following: 
"133. Surface transportation program.". 
(b) 
APPORTIONMENT OF SURFACE TRANSPORTATION PROGRAM 
FUNDS.— 
(1) IN GENERAL.—Section 104(bX3) of title 23, United States 
Code, is amended to read as follows: 
"(3) S U R F A C E TRANSPORTATION PROGRAM.— 
"(A) GENERAL RULE.—For the surface transportation pro-
gram in a manner so that a State's current percentage 
share of apportionments is equal to the State's 1987-1991 
percentage share of apportionments. For purposes of this 
paragraph— 
"(i) a State's current percentage share of apportion-
ments is the State's percentage share of all funds 
apportioned for a fiscal year under paragraph (1) for 
the National Highway System, under section 144 for 
the bridge program, under paragraph (5XB) for Inter-
state maintenance, and under this paragraph; and 
"(ii) a State's 1987-1991 percentage share of appor-
tionments is the State's percentage share of all appor-
tionments and allocations under this title for fiscal 
years 1987, 1988, 1989, 1990, and 1991 (except appor-
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1931 
tionments and allocations for Interstate construction 
under sections 104(b)(5)(A) and 118, Interstate highway 
substitute under section 103(e)(4), Federal lands high-
ways under section 202, and emergency relief under 
section 125, all allocations under section 149 of the 
Surface Transportation and Uniform Relocation Assist-
ance Act of 1987, and the portion of allocations under 
section 157 (relating to minimum allocation) that would 
be attributable to apportionments made under Inter-
state construction and Interstate highway substitute 
programs under sections 104(b)(5)(A) and 103(e)(4), 
respectively, for such fiscal years if the minimum 
allocation percentage for such fiscal years had been 90 
percent instead of 85 percent). 
"(B) 
CALCULATION 
RULES.—In 
calculating 
a 
State's 
percentage share under this paragraph for the purpose of 
making apportionments for fiscal years 1992, 1993, 1994, 
1995, 1996, and 1997, each State shall be treated as having 
received V
a of 1 percent of all funds apportioned for the 
Interstate construction program under section 104(b)(5)(A) 
in fiscal years 1987, 1988, 1989, 1990, and 1991. Notwith-
standing any other provision of this paragraph, in any 
fiscal year no State shall receive a percentage of total 
apportionments and allocations that is less than 70 percent 
of its percentage of total apportionments and allocations for 
fiscal years 1987, 1988, 1989, 1990, and 1991, except for 
those States that receive an apportionment for Interstate 
construction 
under 
paragraph 
(5)(A) of more 
than 
$50,000,000 for fiscal year 1992.". 
(2) CONFORMING AMENDMENTS.—Section 104 of such title is 23 USC 104. 
further amended— 
(A) in subsections (a) and (b) by striking "upon the Fed-
eral-aid systems" and inserting "on the surface transpor-
tation program, the congestion mitigation and air quality 
improvement program, the National Highway System, and 
the Interstate System"; 
(B) in subsection (b) by striking "paragraphs (4) and (5)" 
and inserting "paragraph (5)(A)"; and 
(C) in subsection (b) by striking "and sections 118(c) and 
307(d)" and inserting "and section 307". 
(c) TRANSPORTATION ENHANCEMENT ACTIVITIES DEFINED.—Section 
101(a) of title 23, United States Code, is amended by adding at the 
end the following new paragraph: 
"The term 'transportation enhancement activities' means, with 
respect to any project or the area to be served by the project, 
provision of facilities for pedestrians and bicycles, acquisition of 
scenic easements and scenic or historic sites, scenic or historic 
highway programs, landscaping and other scenic beautification, 
historic preservation, rehabilitation and operation of historic 
transportation buildings, structures, or facilities (including historic 
railroad facilities and canals), preservation of abandoned railway 
corridors (including the conversion and use thereof for pedestrian or 
bicycle trails), control and removal of outdoor advertising, ar-
chaeological planning and research, and mitigation of water pollu-
tion due to highway runoff.". 
105 STAT. 1932 
PUBLIC LAW 102-240—DEC. 18, 1991 
SEC. 1008. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 
PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—Section 149 of title 23, United 
States Code, is amended to read as follows: 
"§ 149. Congestion mitigation and air quality improvement pro-
gram 
"(a) ESTABLISHMENT.—The Secretary shall establish a congestion 
mitigation and air quality improvement program in accordance with 
this section. 
"(b) ELIGIBLE PROJECTS.—Except as provided in subsection (c), a 
State may obligate funds apportioned to it under section 104(b)(2) for 
the congestion mitigation and air quality improvement program 
only for a transportation project or program— 
"(1)(A) if the Secretary, after consultation with the Adminis-
trator of the Environmental Protection Agency, determines, on 
the basis of information published by the Environmental 
Protection Agency pursuant to section 108(f)(1)(A) of the Clean 
Air Act (other than clauses (xii) and (xvi) of such section), that 
the project or program is likely to contribute to the attainment 
of a national ambient air quality standard; or 
"(B) in any case in which such information is not available, if 
the Secretary, after such consultation, determines that the 
project or program is part of a program, method, or strategy 
described in such section; 
"(2) if the project or program is included in a State im-
plementation plan that has been approved pursuant to the 
Clean Air Act and the project will have air quality benefits; or 
"(3) the Secretary, after consultation with the Administrator 
of the Environmental Protection Agency, determines that the 
project or program is likely to contribute to the attainment of a 
national ambient air quality standard, whether through reduc-
tions in vehicle miles traveled, fuel consumption, or through 
other factors. 
No funds may be provided under this section for a project which will 
result in the construction of new capacity available to single occu-
pant vehicles unless the project consists of a high occupancy vehicle 
facility available to single occupant vehicles only at other than peak 
travel times. 
"(c) STATES WITHOUT A NONATTAINMENT AREA.—If a State does 
not have a nonattainment area for ozone or carbon monoxide under 
the Clean Air Act located within its borders, the State may use 
funds apportioned to it under section 104(b)(2) for any project eli-
gible for assistance under the surface transportation program. 
"(d) APPLICABILITY OF PLANNING REQUIREMENTS.—Programming 
and expenditure of funds for projects under this section shall be 
consistent with the requirements of sections 134 and 135 of this 
title.". 
(b) APPORTIONMENT.—Section 104(b)(2) of such title is amended to 
read as follows: 
"(2) CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT 
PROGRAM.—For the congestion mitigation and air quality 
improvement program, in the ratio which the weighted non-
attainment area population of each State bears to the total 
weighted nonattainment area population of all States. The 
weighted nonattainment area population shall be calculated by 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1933 
multiplying the population of each area within any State that is 
a nonattainment area (as defined in the Clean Air Act) for ozone 
by a factor of— 
"(A) 1.0 if the area is classified as a marginal ozone 
nonattainment area under subpart 2 of part D of title I of 
the Clean Air Act; 
"(B) 1.1 if the area is classified as a moderate ozone 
nonattainment area under such subpart; 
"(C) 1.2 if the area is classified as a serious ozone non-
attainment area under such subpart; 
"(D) 1.3 if the area is classified as a severe ozone non-
attainment area under such subpart; or 
"(E) 1.4 if the area is classified as an extreme ozone 
nonattainment area under such subpart. 
If the area is also classified under subpart 3 of part D of title I of 
such Act as a nonattainment area for carbon monoxide, for 
purposes of calculating the weighted nonattainment area popu-
lation, the weighted nonattainment area population of the area, 
as determined under the preceding provisions of this paragraph, 
shall be further multiplied by a fector of 1.2. Notwithstanding 
any provision of this paragraph, in the case of States with a 
total 1990 census population of 15,000,000 or greater, the 
amount apportioned under this paragraph in a fiscal year to all 
of such States in the aggregate, shall be distributed among such 
States based on their relative populations; except that none of 
such States shall be distributed more than 42 percent of the 
aggregate amount so apportioned to all of such States. Notwith-
standing any other provision of this paragraph, each State shall 
receive a minimum apportionment of V
a of 1 percent of the 
funds apportioned under this paragraph. The Secretary shall 
use estimates prepared by the Secretary of Commerce when 
determining population figures.", 
(c) CONFORMING AMENDMENT.—The analysis for chapter 1 of such 
title is amended by striking 
"149. Truck lanes." 
and inserting 
"149. Congestion mitigation and air quality improvement program.". 
SEC. 1009. INTERSTATE MAINTENANCE PROGRAM. 
(a) LIMITATION ON NEW CAPACITY.—Section 119 of title 23, United 
States Code, is amended by adding at the end the following new 
subsection: 
"(g) LIMITATION ON NEW CAPACITY.—Notwithstanding any other 
provision of this title, the portion of the cost of any project under-
taken pursuant to this section that is attributable to the expansion 
of the capacity of any Interstate highway or bridge, where such new 
capacity consists of one or more new travel lanes that are not high-
occupancy vehicle lanes or auxiliary lanes, shall not be eligible for 
funding under this section.". 
(b) ADEQUATE MAINTENANCE OF THE INTERSTATE SYSTEM.—Section 
119(f) of such title is amended by inserting after "Interstate System 
routes and" the following: "the State is adequately maintaining the 
Interstate System and". 
(c) GUIDANCE TO THE STATES.—The Secretary shall develop and 23 USC119 note, 
make available to the States criteria for determining— 
105 STAT. 1934 
PUBLIC LAW 102-240—DEC. 18, 1991 
(1) what share of any project funded under section 119 of title 
23, United States Code, is attributable to the expansion of the 
capacity of an Interstate highway or bridge; and 
(2) what constitutes adequate maintenance of the Interstate 
System for the purposes of section 119(f)(1) of title 23, United 
States Code. 
(d) NoNCHARGEABLE SEGMENTS.—Section 104(b)(5)(B) of title 23, 
United States Code, is amended by inserting "and routes on the 
Interstate System designated under section 139(a) of this title before 
March 9, 1984," after "under sections 103 and 139(c) of this title" 
each place it appears. 
(e) CONFORMING AMENDMENTS.— 
(1) NEW HEADING.—The heading for section 119 of such title is 
amended to read as follows: 
"§ 119. Interstate maintenance program". 
(2) ANALYSIS.—The analysis for chapter 1 of such title is 
amended by striking 
"119. Interstate System resurfacing." 
and inserting 
"119. Interstate maintenance program.". 
(3) ELIGIBLE ACTIVITIES.—Section 119(c) of such title is 
amended to read as follows: 
"(c) ELIGIBLE ACTIVITIES.—Activities authorized in subsection (a) 
may include the reconstruction of bridges, interchanges, and over 
crossings along existing Interstate routes, including the acquisition 
of right-of-way where necessary, but shall not include the construc-
tion of new travel lanes other than high occupancy vehicle lanes or 
auxiliary lanes.". 
(4) PREVENTIVE MAINTENANCE.—Section 119(e) of such title is 
amended to read as follows: 
"(e) PREVENTIVE MAINTENANCE.—Preventive maintenance activi-
ties shall be eligible under this section when a State can dem-
onstrate, through its pavement management system, that such 
activities are a cost-effective means of extending Interstate pave-
ment life.". 
(5) MISCELLANEOUS.—Section 119 of such title is amended— 
(A) in subsection (a) by striking ", rehabilitating, and 
reconstructing" and inserting "and rehabilitating"; 
(B) in subsection (a) by striking the last sentence; 
(C) in the heading for subsection (f) by striking "PRIMARY 
SYSTEM" and inserting "SURFACE TRANSPORTATION PRO-
GRAM"; 
(D) in subsection (f)(1) by striking "rehabilitating, or re-
constructing" and inserting "or rehabilitating"; and 
(E) in subsection (f) by striking "section 104(b)(1)" each 
place it appears and inserting "sections 104(b)(1) and 
104(b)(3)". 
SEC. 1010. OPERATION LIFESAVER; HIGH SPEED RAIL CORRIDORS. 
Section 104(d) of title 23, United States Code, is amended to read 
as follows: 
"(d) OPERATION LIFESAVER AND HIGH SPEED RAIL CORRIDORS.— 
"(1) OPERATION LIFESAVER.—The Secretary shall expend, from 
administrative funds deducted under subsection (a), $300,000 for 
each fiscal year for carrying out a public information and 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1936 
education program to help prevent and reduce motor vehicle 
accidents, injuries, and fatalities and to improve driver perform-
ance at railway-highway crossings. 
"(2) 
RAILWAY-HIGHWAY CROSSING HAZARD EUMINATION IN 
HIGH SPEED RAIL CORRIDORS.—(A) Before making an apportion-
ment of funds under subsection (bX3) for a fiscal year, the 
Secretary shall set aside $5,000,000 of the funds authorized to be 
appropriated for the surface transportation program for such 
fiscal year for elimination of hazards of railway-highway cross-
ings in not to exceed 5 railway corridors selected by the 
Secretary in accordance with the criteria set forth in this 
paragraph. 
"(B) A corridor selected by the Secretary under subparagraph 
(A) must include rail lines where railroad speeds of 90 miles per 
hour are occurring or can reasonably be expected to occur in the 
future. 
"(3) In making the determination required by paragraph (2XA), 
the Secretary shall consider projected rail ridership volumes in such 
corridors, the percentage of the corridor over which a train will be 
capable of operating at its maximum cruise speed taking into ac-
count such factors as topography and other traffic on the line, 
projected benefits to nonriders such as congestion relief on other 
modes of transportation serving the corridors (including congestion 
in heavily traveled air passenger corridors), the amount of State and 
local financial support that can reasonably be anticipated for the 
improvement of the line and related facilities, and the cooperation 
of the owner of the right-of-way that can reasonably be expected in 
the operation of high speed rail passenger service in such cor-
ridors.". 
SEC. lOlL SUBSTITUTE PROGRAM. 
(a) HIGHWAY PROJECTS.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—Section 103(eX4)(G) of 
title 23, United States Code, is amended— 
(A) by striking "and" the next to the last place it appears; 
(B) by inserting before the period at the end the following: 
", $240,000,000 per fiscal year for each of fiscal years 1992, 
1993,1994, and 1995"; and 
(C) by adding at the end the following: "Such sums may 
be obligated for transit substitute projects under this para-
graph. . 
(2) DISTRIBUTION.—Section 
103(eX4XH) of such title 
is 
amended— 
(A) by adding at the end of clause (i) the following new 
sentence: "For each of fiscal years 1992, 1993, 1994, and 
1995, all funds made available by subparagraph (G) shall be 
apportioned in accordance with cost estimates adjusted by 
the Secretary."; 
(B) in clause (iii), by striking "1988, 1989, 1990, AND 1991 
APPORTIONMENTS" and inserting "1988-1995 APPORTION-
MENTS"; and 
(C) by striking "and 1991." and inserting "1991, 1992, 
1993,1994, and 1995.". 
(b) TRANSIT PROJECTS.—Section 103(eX4XJ) of such title is 
amended— 
(1) in clause (i) by inserting after "1983," the following: "and 
ending before October 1,1991 ; 
105 STAT. 1936 
PUBLIC LAW 102-240—DEC. 18, 1991 
(2) by adding at the end of clause (i) the following new 
sentence: "100 percent of funds appropriated for each of fiscal 
years 1992 and 1993 shall be apportioned in accordance with 
cost estimates adjusted by the Secretary."; 
(3) in clause (iii) by striking "1988, 1989, 1990, AND 1991 
APPORTIONMENTS" and inserting "1988-1993 APPORTIONMENTS"; 
and 
(4) by striking "and 1991." and inserting "1991, 1992, and 
1993 " 
23 use 103. 
(c) PERIOD OF AVAILABIUTY.—Section 103(e)(4)(E)(i) of such title is 
amended by adding at the end the following new sentence: "In the 
case of funds authorized to be appropriated for substitute transit 
projects under this paragraph for fiscal year 1993 and for substitute 
highway projects under this paragraph for fiscal year 1995, such 
funds shall remain available until expended.". 
SEC. 1012. TOLL ROADS, BRIDGES. AND TUNNELS. 
(a) NEW PROGRAM.—Section 129(a) of title 23, United States Code, 
is amended to read as follows: 
"(a) BASIC PROGRAM.— 
"(1) AUTHORIZATION FOR FEDERAL PARTICIPATION.—Notwith-
standing section 301 of this title and subject to the provisions of 
this section, the Secretary shall permit Federal participation 
in— 
"(A) initial construction of a toll highway, bridge, or 
tunnel (other than a highway, bridge, or tunnel on the 
Interstate System) or approach thereto; 
"(B) reconstructing, resurfacing, restoring, and rehabili-
tating a toll highway, bridge, or tunnel (including a toll 
highway, bridge, or tunnel subject to an agreement entered 
into under this section or section 119(e) as in effect on the 
day before the date of the enactment of the Intermodal 
Surface Transportation Efficiency Act of 1991) or approach 
thereto; 
"(C) reconstruction or replacement of a toll-free bridge or 
tunnel and conversion of the bridge or tunnel to a toll 
facility; 
"(D) reconstruction of a toll-free Federal-aid highway 
(other than a highway on the Interstate System) and 
conversion of the highway to a toll facility; and 
"(E) preliminary studies to determine the feasibility of a 
toll facility for which Federal participation is authorized 
under subparagraph (A), (B), (C), or (D); 
on the same basis and in the same manner as in the construc-
tion of free highways under this chapter. 
"(2) OWNERSHIP.—Each highway, bridge, tunnel, or approach 
thereto constructed under this subsection must— 
"(A) be publicly owned, or 
"(B) be privately owned if the public authority having 
jurisdiction over the highway, bridge, tunnel, or approach 
has entered into a contract with a private person or persons 
to design, finance, construct, and operate the facility and 
the public authority will be responsible for complying with 
all applicable requirements of this title with respect to the 
facility. 
Contracts. 
"(3) LIMITATIONS ON USE OF REVENUES.—Before the Secretary 
may permit Federal participation under this subsection in 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1937 
construction of a highway, bridge, or tunnel located in a State, 
the public authority (including the State transportation depart-
ment) having jurisdiction over the highway, bridge, or tunnel 
must enter into an agreement with the Secretary which pro-
vides that all toll revenues received from operation of the toll 
facility will be used first for debt service, for reasonable return 
on investment of any private person financing the project, and 
for the costs necessary for the proper operation and mainte-
nance of the toll facility, including reconstruction, resurfacing, 
restoration, and rehabilitation. If the State certifies annually 
that the tolled facility is being adequately maintained, the State 
may use any toll revenues in excess of amounts required under 
the preceding sentence for any purpose for which Federal funds 
may be obligated by a State under this title. 
"(4) SPECIAL RULE FOR FUNDING.—In the case of a toll high-
way, bridge, or tunnel under the jurisdiction of a public author-
ity of a State (other than the State transportation department), 
upon request of the State transportation department and sub-
ject to such terms and conditions as such department and public 
authority may agree, the Secretary shall reimburse such public 
authority for the Federal share of the costs of construction of 
the project carried out on the toll facility under this subsection 
in the same manner and to the same extent as such department 
would be reimbursed if such project w£is being carried out by 
such department. The reimbursement of funds under this para-
graph shall be from sums apportioned to the State under this 
chapter and available for obligations on projects on the Federal-
aid system in such State on which the project is being carried 
out. 
"(5) LIMITATION ON FEDERAL SHARE.—Except as otherwise 
v
^ 
provided in this parsigraph, the Federal share payable for 
construction of a highway, bridge, tunnel, or approach thereto 
or conversion of a highway, bridge, or tunnel to a toll facility 
under this subsection shall be such percentage as the State 
determines but not to exceed 50 percent. The Federal share 
payable for construction of a new bridge, tunnel, or approach 
thereto or for reconstruction or replacement of a bridge, tunnel, 
or approach thereto shall be such percentage as the Secretary 
determines but not to exceed 80 percent. In the case of a toll 
facility subject to an agreement under section 119 or 129, the 
Federal share payable on any project for resurfacing, restoring, 
rehabilitating, or reconstructing such facility shall be 80 per-
cent until the scheduled expiration of such agreement (as in 
effect on the day before the date of the enactment of the 
Intermodal Surface Transportation Efficiency Act of 1991). 
"(6) MODIFICATIONS.—If a public authority (including a State 
transportation department) having jurisdiction over a toll high-
way, bridge, or tunnel subject to an agreement under this 
section or section 119(e), as in effect on the day before the 
effective date of title I of the Intermodal Surface Transportation 
Efficiency Act of 1991, requests modification of such agreement, 
the Secretary shall modify such agreement to allow the continu-
ation of tolls in accordance with paragraph (3) without repay-
ment of Federal funds. 
"(7) LOANS.—A State may loan all or part of the Federal share 
of a toll project under this section to a public or private agency 
constructing a toll facility. Such loan may be made only after all 
105 STAT. 1938 
PUBLIC LAW 102-240—DEC. 18, 1991 
Federal environmental requirements have been complied with 
and permits obtained. The amount loaned shall be subordinated 
to other debt financing for the facility except for loans made by 
the State or any other public agency to the agency constructing 
the facility. Funds loaned pursuant to this section may be 
obligated for projects eligible under this section. The repayment 
of any such loan shall commence not more than 5 years after 
the facility has opened to traffic. Any such loan shall bear 
interest at the average rate the State's pooled investment fund 
earned in the 52 weeks preceding the start of repayment. The 
term of any such loan shall not exceed 30 years from the time 
the loan was obligated. Amounts repaid to a State from any 
loan made under this section may be obligated for any purpose 
for which the loaned funds were available. The Secretary shall 
establish procedures and guidelines for making such loans. 
"(8) INITIAL CONSTRUCTION DEFINED.—For purposes of this 
subsection, the term 'initial construction' means the construc-
tion of a highway, bridge, or tunnel at any time before it is open 
to traffic and does not include any improvement to a highway, 
bridge, or tunnel after it is open to traffic". 
23 use 149 note. 
(b) CONGESTION PRICING PiLOT PROGRAM.—(1) The Secretary shall 
solicit the participation of State and local governments and public 
authorities for one or more congestion pricing pilot projects. The 
Secretary may enter into cooperative agreements with as many as 5 
such State or local governments or public authorities to establish, 
maintain, and monitor congestion pricing projects. 
(2) Notwithstanding section 129 of title 23, United States Code, the 
Federal share payable for such programs shall be 80 percent. The 
Secretary shall fund all of the development and other start up costs 
of such projects, including salaries and expenses, for a period of at 
least 1 year, and thereafter until such time that sufficient revenues 
are being generated by the program to fund its operating costs 
without Federal participation, except that the Secretary may not 
fund any project for more than 3 years. 
(3) Revenues generated by any pilot project under this subsection 
must be applied to projects eligible under such title. 
(4) Notwithstanding sections 129 and 301 of title 23, United States 
Code, the Secretary shall allow the use of tolls on the Interstate 
System as part of a pilot program under this section, but not on 
more than 3 of such programs. 
Reports. 
(5) The Secretary shall monitor the effect of such projects for a 
period of at least 10 years, and shall report to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Public Works and Transportation of the House of Representatives 
every 2 years on the effects such programs are having on driver 
behavior, traffic, volume, transit ridership, air quality, and avail-
ability of funds for transportation programs. 
(6) Of the sums made available to the Secretary pursuant to 
section 104(a) of title 23, United States Code, not to exceed 
$25,000,000 shall be made available each fiscal year to carry out the 
requirements of this subsection. Not more than $15,000,000 of such 
amounts shall be made available to carry out each pilot project 
under this section. 
(c) ELIMINATION OF PUBUC OPERATION REQUIREMENT FOR TOLL 
23 use 129. 
FERRIES.—Section 129 of such title is amended— 
(1) by striking subsections (b), (c), (d), (e), (h), (i), and (k); 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1939 
(2) by redesignating subsections (f), (g), and (j) as subsections 
(b), (c), and (d), respectively; 
(3) in subsection (c) as so redesignated by inserting "and ferry 
terminal facilities" after "boats"; 
(4) in subsection (c) as so redesignated by striking paragraph 
(3) and inserting the following: 
"(3) Such ferry boat or ferry terminal facility shall be publicly 
owned."; and 
(5) in subsection (cX4) as so redesignated— 
(A) by inserting "or other public entity" after "State"; 
and 
(B) by inserting before the period at the end the following: 
", debt service, negotiated management fees, and, in the 
case of a privately operated toll ferry, for a reasonable rate 
of return'" 
(d) CONTINUATION OF EXISTING AGREEMENTS.—Unless modified 23 use 129 note, 
under section 129(aX6) of such title, as amended by subsection (a) of 
this section, agreements entered into under section 119(e) or 129 of 
such title before the effective date of this title and in effect on the 
day before such effective date shall continue in effect on and after 
such effective date in accordance with the provisions of such agree-
ment and such section 119(e) or 129. 
(e) SPECIAL RULE FOR CERTAIN EXISTING TOLL FACIUTY AGREE- New York. 
MENTS.—Notwithstanding sections 119 and 129 of title 23, United 
States Code, at the request of the non-Federal parties to a toll 
facility agreement reached before October 1, 1991, regarding the 
New York State Thruway or the Fort McHenry Tunnel under 
section 105 of the Federal-Aid Highway Act of 1978 or section 129 of 
title 23, United States Code (as in effect on the day before the date of 
the enactment of this Act), the Secretary shall allow for the continu-
ance of tolls without repayment of Federal funds. Revenues col-
lected from such tolls, after the date of such request, in excess of 
revenues needed for debt service and the actual costs of operation 
and maintenance shall be available for (1) any transportation 
project eligible for assistance under title 23, United States Code, or 
(2) costs associated with transportation facilities under the jurisdic-
tion of such non-Federal party, including debt service and costs 
related to the construction, reconstruction, restoration, repair, oper-
ation and maintenance of such facilities. 
(f) VOIDING OF CERTAIN AGREEMENTS FOR 1-78 DELAWARE RIVER Pennsylvania. 
BRIDGE.—Upon the joint request of the State of Pennsylvania, the ^^"^ Jersey. 
State of New Jersey, and the Delaware River Joint Toll Bridge 
Commission, and upon such parties entering into a new agreement 
with the Secretary regarding the bridge on Interstate Route 78 
which crosses the Delaware River in the vicinity of Easton, Penn-
sylvania, and Phillipsburg, New Jersey, the Secretary shall void any 
agreement entered into with such parties with respect to the bridge 
before the effective date of this subsection under section 129(a), 
129(d), or 129(e) of title 23, United States Code. The new agreement 
referred to in the preceding sentence shall permit the continuation 
of tolls without repayment of Federal funds and shall provide that 
all toll revenues received from operation of the bridge will be used— 
(1) first for repayment of the non-Federal cost of construction 
of the bridge (including debt service); 
(2) second for the costs necessary for the proper operation and 
maintenance of the bridge, including resurfacing, restoration, 
and rehabilitation; and 
105 STAT. 1940 
PUBLIC LAW 102-240—DEC. 18, 1991 
(3) to the extent that toll revenues exceed the amount nec-
essary for paragraphs (1) and (2), such excess may be used with 
respect to any other bridge under the jurisdiction of the Dela-
ware River Joint Toll Bridge Commission, 
(g) BRIDGE CONNECTING PENNSYLVANIA TURNPIKE SYSTEM AND 
NEW JERSEY TURNPIKE.—Section 3 of the Act of October 26, 1951 (65 
Stat. 653), is amended by striking ": Provided" and all that follows 
before the period. 
SEC. 1013. MINIMUM ALLOCATION. 
(a) GENERAL RULE.—Section 157(a) of title 23, United States Code, 
is amended— 
(1) in paragraph (3) by striking "THEREAFTER" and inserting 
"FISCAL YEARS 1 9 8 9 - 1 9 9 I " ; 
(2) in paragraph (3) by striking "and each fiscal year there-
after," and inserting ", 1990, and 1991"; and 
(3) by adding at the end the following new paragraph: 
"(4) THEREAFTER.—In fiscal year 1992 and each fiscal year 
thereafter on October 1, or as soon as possible thereafter, the 
Secretary shall allocate among the States amounts sufficient to 
ensure that a State's percentage of the total apportionments in 
each such fiscal year and allocations for the prior fiscal year for 
Interstate construction. Interstate maintenance. Interstate 
highway 
substitute. 
National 
Highway 
System, 
surface 
transportation program, bridge program, scenic byways, and 
grants for safety belts and motorcycle helmets shall not be less 
than 90 percent of the percentage of estimated tax payments 
attributable to highway users in the State paid into the High-
way Trust Fund, other than the Mass Transit Account, in the 
latest fiscal year for which data are available.". 
(b) CONFORMING AMENDMENTS.—Section 157(b) of such title is 
amended— 
(1) by striking "primary, secondary," and inserting "National 
Highway, surface transportation program,"; 
(2) by striking "urban," and inserting "congestion mitigation 
and air quality improvement program,"; 
(3) by striking "replacement and rehalDilitation"; and 
(4) by inserting after the first sentence the following: "¥2 of 
the amounts allocated pursuant to subsection (a) after Septem-
ber 30, 1991, shall be subject to section 133(d)(3) of this title.". 
23 use 157 note. 
(c) DONOR STATE BONUS AMOUNTS.— 
(1) FUNDING.—There are authorized to be appropriated out of 
the Highway Trust Fund (other than the Mass Transit Account) 
for the payment of donor State bonus amounts the following 
amounts for the following fiscal years: 
(A) For fiscal year 1992 $429,000,000. 
(B) For fiscal year 1993 $514,000,000. 
(C) For fiscal year 1994 $514,000,000. 
(D) For fiscal year 1995 $514,000,000. 
(E) For fiscal year 1996 $514,000,000. 
(F) For fiscal year 1997 $515,000,000. 
(2) APPORTIONMENT.— 
(A) FORMULA.—The bonus apportionments which are pro-
vided under this subsection for a fiscal year shall be appor-
tioned in such a way as to bring each successive State, or 
States, with the lowest dollar return on dollar projected to 
be contributed into the Highway Trust Fund for such fiscal 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1941 
year, up to the highest common return on contributed 
dollar that can be funded with the annual authorizations 
provided under this subsection. 
(B) APPUCABILITY OF CHAPTER 1 OF TITLE 23.—Funds 
apportioned under this subsection shall be available for 
obligation in the same manner and for the same purposes 
as if such funds were apportioned for the surface transpor-
tation program under chapter 1 of title 23, United States 
Code, except that such funds shall remain available until 
expended. One-half of the amounts apportioned under this 
subsection shall be subject to section 133(d)(3) of title 23, 
United States Code, as added by this Act. 
SEC. 1014. REIMBURSEMENT FOR SEGMENTS OF THE INTERSTATE 
SYSTEM CONSTRUCTED WITHOUT FEDERAL ASSISTANCE. 
(a) IN GENERAL.—Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following new section: 
"§ 160. Reimbursement for segments of the Interstate System con-
structed without Federal assistance 
"(a) GENERAL AUTHORITY.—The Secretary shall allocate to the 
States in each of fiscal years 1996 and 1997 amounts determined 
under subsection (b) for reimbursement of their original contribu-
tions to construction of segments of the Interstate System which 
were constructed without Federal financial assistance. 
"(b) DETERMINATION OF REIMBURSEMENT AMOUNT.—The amount 
to be reimbursed to a State in each of fiscal years 1996 and 1997 
under this section shall be determined by multiplying the amount 
made available for carrying out this section for such fiscal year by 
the reimbursement percentage set forth in the table contained in 
subsection (c). 
"(c) REIMBURSEMENT TABLE.—For purposes of carrying out this 
section, the reimbursement percentage, the original cost for con-
structing the Interstate System, and the total reimbursable amount 
for each State is set forth in the following table: 
States 
Original cost 
in millions 
Reimburse-
ment 
percentage 
Reimbursable 
amount in 
millions 
Alabama 
Alaska 
Arizona 
Arkansas 
California.... 
Colorado 
Connecticut. 
Delaware 
Florida 
Georgia 
Hawaii 
Idaho 
Illinois 
Indiana 
Iowa 
Kansas 
Kentucky 
Louisiana 
Maine 
Maryland 
$
9 
20 
6 
298 
23 
314 
3
9 
31 
0 
5 
475 
1
6
7 
5 
1
0
1 
32 
'
I
S 
m 
1
5
4 
0.50 
0.50 
0.50 
0.50 
5.42 
0.50 
6.71 
0.71 
0.56 
0.84 
0.50 
0.50 
8.62 
3.03 
0.50 
1.84 
0.57 
0.50 
0.69 
2.ra 
$147 
1
4
7 
1
4
7 
1
4
7 
1,591 
147 
1,676 
2
0
9 
1
6
4 
248 
1
4
7 
1
4
7 
2,533 
892 
1
4
7 
540 
1
6
9 
U1 
294 
^ 0 
105 STAT. 1942 
PUBLIC LAW 102-240—DEC. 18, 1991 
States 
Original cost 
in millions 
Reimburse-
ment 
percentage 
Reimbursable 
amount in 
millions 
Massachusetts... 
Michigan 
Minnesota 
Mississippi 
Missouri 
Montana 
Nebraska 
Nevada 
New Hampshire 
New Jersey 
New Mexico 
New York 
North Carolina.. 
North Dakota.... 
Ohio 
Oklahoma 
Oregon 
Pennsylvania 
Rhode Island 
South Carolina.. 
South Dakota 
Tennessee 
Texas 
Utah 
Vermont 
Virginia 
Washington 
West Virginia.... 
Wisconsin 
Wyoming 
D.C 
TOTALS 
283 
5.14 
1,511 
228 
1
6 
6 
74 
5 
1 
2 
8 
353 
8 
929 
36 
3 
257 
91 
78 
354 
12 
4 
5 
7 
200 
6 
1 
HI 
73 
5 
8 
9 
9 
4.14 
0.50 
0.50 
1.35 
0.50 
0.50 
0.50 
0.50 
6.41 
0.50 
16.88 
0.65 
0.50 
4.68 
1.66 
1.42 
6.43 
0.50 
0.50 
0.50 
0.50 
3.64 
0.50 
0.50 
2.01 
1.32 
0.50 
0.50 
0.50 
0.50 
1,218 
1
4
7 
1
4
7 
396 
1
4
7 
147 
1
4
7 
1
4
7 
1,882 
1
4
7 
4,960 
1
9
1 
1
4
7 
1,374 
486 
417 
1,888 
1
4
7 
147 
1
4
7 
1
4
7 
1,069 
1
4
7 
1
4
7 
691 
389 
1
4
7 
147 
1
4
7 
1
4
7 
$4,967 
100.00 
$29,384 
"(d) TRANSFER OF REIMBURSABLE AMOUNTS TO S T P APPORTION-
MENT.—Subject to subsection (e) of this section, the Secretary shall 
transfer amounts allocated to a State pursuant to this section to the 
apportionment of such State under section 104(b)(3) for the surface 
transportation program. 
"(e) LIMITATION ON APPUCABILITY OF CERTAIN REQUIREMENTS OF 
STP PROGRAM.—The following provisions of section 133 of this title 
shall not apply to V
2 of the amounts transferred under subsection (d) 
to the apportionment of the State for the surface transportation 
program: 
"(1) Subsection (d)(1). 
"(2) Subsection (d)(2). 
"(3) Subsection (d)(3). 
"(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 
be appropriated, out of the Highway Trust Fund (other than the 
Mass Transit Account), $2,000,000,000 per fiscal year for each of 
fiscal years 1996 and 1997 to carryout this section.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of such 
title is amended by adding at the end the following new item: 
"160. Reimbursement for segments of the Interstate Sjrstem constructed without 
Federal assistance.". 
(c) KANSAS PROJECTS.— 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1943 
(1) UNITED STATES ROUTE 50.—The State of Kansas shall obli-
gate in fiscal year 1996 $24,440,000 to construct the Hutchinson 
Bypass between United States Route 50 and Kansas Route 96 in 
the vicinity of Hutchinson, Kansas. Such funds shall be obli-
gated from amounts allocated to the State of Kansas for fiscal 
year 1996 under section 160 of title 23, United States Code. 
(2) UNITED STATES ROUTE 91.—The State of Kansas shall obli-
gate in fiscal years 1996 and 1997 such sums as may be nec-
essary to widen United States Route 91 from Belleville, Kansas, 
to the Nebraska border. Such funds shall be obligated from 
amounts allocated to the State of Kansas for fiscal years 1996 
and 1997 under such section. 
(3) NONAPPUCABIUTY OF CERTAIN PROVISIONS.—Sections 160(d) 
and 133(d)(3) of title 23, United States Code, shall not apply to 
funds allocated to the State of Kansas for fiscal years 1996 and 
1997. 
SEC. 1015. APPORTIONMENT ADJUSTMENTS. 
23 USC 104 note. 
(a) HOLD HARMLESS.— 
(1) GENERAL RULE.—The amount of funds which, but for this 
subsection, would be apportioned to a State for each of the fiscal 
years 1992 through 1997 under section 104(b)(3) of title 23, 
United States Code, for the surface transportation program 
shall be increased or decreased by an amount which, when 
added to or subtracted from the aggregate amount of funds 
apportioned to the State for such fiscal year and funds allocated 
to the State for the prior fiscal year under section 104(b) of such 
title, section 103(eX4) for Interstate highway substitute, section 
144 of such title, section 157 of such title, under section 202 of 
such title for the Federal lands highways program, section 160 
of such title for the reimbursement program, and section 1013(c) 
of this Act for the donor State bonus program, will result in the 
percentage of amounts so apportioned and allocated to all 
States being equal to the percentage listed for such State in 
paragraph (2). 
(2) STATE PERCENTAGES.—For purposes of paragraph (1) the 
percentage of amounts apportioned and allocated which are 
referred to in paragraph (1) for each State, and the District of 
Columbia shall be determined in accordance with the following 
table: 
Adjustment 
States 
Percentage 
Alabama 
1.74 
Alaska 
1.28 
Arizona 
1.49 
Arkansas 
1.20 
California 
9.45 
Colorado 
1.35 
Connecticut 
1.78 
Delaware 
0.41 
District of Columbia 
0.53 
Florida 
4.14 
Georgia 
2.97 
Hawaii 
0.57 
Idaho 
0.69 
Illinois 
3.72 
Indiana 
2.20 
Iowa 
1.25 
Kans£ks 
1.14 
Kentucky 
1.52 
Louisiana 
1.55 
105 STAT. 1944 
PUBLIC LAW 102-240—DEC. 18, 1991 
Maine 
0.50 
Maryland 
1.69 
M£issachusetts 
4.36 
Michigan 
2.81 
Minnesota 
1.58 
Mississippi 
1.15 
Missouri 
2.23 
Montana 
0.97 
Nebraska 
0.83 
Nevada 
0.64 
New Hampshire 
0.48 
New Jersey 
2.87 
New Mexico 
1.08 
New York 
5.37 
North Carolina 
2.65 
North Dakota 
0.62 
Ohio 
3.73 
Oklahoma 
1.42 
Oregon 
1.26 
Pennsylvania 
4.38 
Rhode Island 
0.54 
South Carolina 
1.41 
South Dakota 
0.71 
Tennessee 
2.08 
Texas 
6.36 
Utah 
0.77 
Vermont 
0.44 
Virginia 
2.27 
Washington 
2.06 
West Virginia 
0.94 
Wisconsin 
1.70 
Wyoming 
0.67 
(b) 90 PERCENT OF PAYMENT ADJUSTMENTS.— 
(1) GENERAL RULE.—For each of fiscal years 1992 through 
1997, the Secretary shall allocate among the States amounts 
sufficient to ensure that a State's total apportionments for such 
fiscal year and allocations for the prior fiscal year under section 
104(b) of such title, section 103(eX4) for Interstate highway 
substitute, section 144 of such title, section 157 of such title, 
section 202 of such title for the Federal lands highways pro-
gram, section 1013(c) of this Act for the donor State bonus 
program, section 160 of such title for the reimbursement pro-
gram, and subsection (a) of this section for hold harmless is not 
less than 90 percent of the estimated tax pajonents attributable 
to highway users in the State paid into the Highway Trust Fund 
(other than Mass Transit Account) in the latest fiscal year in 
which data is available. 
(2) TRANSFER OF ALLOCATED AMOUNTS TO STP APPORTION-
MENT.—Subject to subsection (d) of this section, the Secretary 
shall transfer amounts allocated to a State pursuant to para-
graph (1) to the apportionment of such State under section 
104(bX3) for the surface transportation program. 
Wisconsin. 
(c) ADDITIONAL ALLOCATION.—Subject to subsection (d) of this 
section, the Secretary shall allocate to the State of Wisconsin 
$40,000,000 for fiscal year 1992 and $47,800,000 for each of fiscal 
years 1993 through 1997 and transfer such amounts to the appor-
tionment of such State under section 104(bX3) of title 23, United 
States Code, for the surface transportation program. 
(d) LIMITATION ON APPUCABILITY OF CERTAIN REQUIREMENTS OF 
STP PROGRAM.—The following provisions of section 133 of title 23, 
United States Code, shall not apply to V
z of the amounts added 
under subsection (a) to the apportionment of the State for the 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1945 
surface transportation program and of amounts transferred under 
subsections (b) and (c) to such apportionment: 
(1) Subsection (dXD. 
(2) Subsection (dX2). 
,. 
(3) Subsection (dX3). 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated, out of the Highway Trust Fund (other than the 
Mass Transit Account), to carry out this section such sums as may 
be necessary for each of fiscal years 1992 through 1997. 
SEC. 1016. PROGRAM EFFICIENCIES. 
(a) HOV 
PASSENGER 
REQUIREMENTS; ENGINEERING COST RE-
IMBURSEMENT.—Section 102 of title 23, United States Code, is 
amended to read as follows: 
"§ 102. Program efficiencies 
"(a) HOV PASSENGER REQUIREMENTS.—A State highway depart-
ment shall establish the occupancy requirements of vehicles operat-
ing in high occupancy vehicle lanes; except that no fewer than 2 
occupants per vehicle may be required and, subject to section 163 of 
the Surface Transportation Assistance Act of 1982, motorcycles and 
bicycles shall not be considered single occupant vehicles. 
"(b) ENGINEERING COST REIMBURSEMENT.—If on-site construction 
of, or acquisition of right-of-way for, a highway project is not com-
menced within 10 years after the date on which Federal funds are 
first made available, out of the Highway Trust Fund (other than 
Mass Transit Account), for preliminary engineering of such project, 
the State shall pay an amount equal to the amount of Federal funds 
made available for such engineering. The Secretary shall deposit in 
such Fund all amounts paid to the Secretary under this section.". 
(b) PROJECT APPROVAL.—Section 106 of such title is amended— 
(1) in subsection (a) by inserting "this section and" before 
"section 117"; and 
(2) by striking subsection (b) and inserting the following new 
subsection: 
"(b) SPECIAL RULES.— 
"(1) 3R PROJECTS ON NHS.—Notwithstanding any other provi-
sion of this title, a State highway department may approve, on a 
project by project basis, plans, specifications, and estimates for 
projects to resurface, restore, and rehabilitate highways on the 
National Highway System if the State certifies that all work 
will meet or exceed the standards approved by the Secretary 
under section 109(c). 
"(2) NoN-NHS PROJECTS AND LOW-COST NHS PROJECTS.—Any 
State may request that the Secretary no longer review and 
approve plans, specifications, and estimates for any project 
(including any highway project on the National Highway 
System with an estimated construction cost of less than 
$1,000,000 but excluding any other highway project on the 
National Highway System). After receiving any such notifica-
tion, the Secretary shall undertake project review only as re-
quested by the State. 
"(3) 
SAFETY 
CONSIDERATIONS.—Safety 
considerations 
for 
projects subject to this subsection may be met by phase 
construction consistent with an operative safety management 
system established in accordance with section 303.". 
105 STAT. 1946 
PUBLIC LAW 102-240—DEC. 18, 1991 
23 use 109. 
(c) STANDARDS.—Section 109(c) of such title is amended to read as 
follows: 
"(c) DESIGN AND CONSTRUCTION STANDARDS FOR NHS.—Design and 
construction standards to be adopted for new construction on the 
National Highway System, for reconstruction on the National High-
way System, and for resurfacing, restoring, and rehabilitating 
multilane limited access highways on the National Highway System 
shall be those approved by the Secretary in cooperation with the 
State highway departments. All eligible work for such projects shall 
meet or exceed such standards.". 
(d) COMPLIANCE WITH STATE LAWS FOR N O N - N H S PROJECTS.— 
Section 109 of such title is amended by adding at the end the 
following new subsection: 
"(p) COMPLIANCE WITH STATE LAWS FOR N O N - N H S PROJECTS.— 
Projects (other than highway projects on the National Highway 
System) shall be designed, constructed, operated, and maintained in 
accordance with State laws, regulations, directives, safety standards, 
design standards, and construction standards.". 
(e) HISTORIC AND SCENIC VALUES.—Section 109 of such title is 
amended by adding at the end the following new subsection: 
"(q) HISTORIC AND SCENIC VALUES.—If a proposed project under 
sections 103(e)(4), 133, or 144 involves a historic facility or is located 
in an area of historic or scenic value, the Secretary may approve 
such project notwithstanding the requirements of subsections (a) 
and (b) of this section and section 133(c) if such project is designed to 
standards that allow for the preservation of such historic or scenic 
value and such project is designed with mitigation measures to allow 
preservation of such value and ensure safe use of the facility.". 
if) CONFORMING AMENDMENTS.— 
(1) STANDARDS.—Section 109 of such title is amended— 
(A) in subsection (a) by striking "projects on any Federal-
aid system" and inserting "highway projects under this 
chapter"; and 
(B) in subsection (1)(1) by striking "Federal-aid system" 
and inserting "Federal-aid highway". 
(2) CERTIFICATION ACCEPTANCE.—Section 117 of such title is 
amended— 
(A) in subsection (a) by striking "on Federal-aid systems, 
except" and inserting "under this chapter, except projects 
on ; 
(B) in subsection (a) by inserting "or other transpor-
tation" before "construction,"; 
(C) by striking subsection Ot)) and inserting the following: 
"(b) The Secretary may accept projects based on inspections of a 
type and frequency necessary to ensure the projects are completed 
in accordance with appropriate standards."; and 
(D) in subsection (e) by inserting ", section 1060?), section 
133, and section 149" after "in this section". 
(3) CHAPTER ANALYSIS.—The analysis of chapter 1 of such title, 
is amended by striking 
"102. Authorizations." 
~ 
and inserting 
"102. Program efficiencies.". 
(g) LIMITATION ON CERTAIN EXPENDITURES.—No Federal funds 
may be expended for any highway project on any portion of the 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1947 
scenic highway known as "Ministerial Road" between route 138 and 
route 1 in the State of Rhode Island unless the Governor of such 
State and the town council of the town of South Kingstown, Rhode 
Island, first agree to the design. 
SEC. 1017. ACQUISITION OF RIGHTS-OF-WAY. 
(a) RIGHT-OF-WAY REVOLVING FUND.—Sections 108(a) and 108(cX3) 
of title 23, United States Code, are each amended by striking "ten" 
and inserting "20". 
(b) EARLY ACQUISITION OF RIGHTS-OF-WAY.—Section 108 of such 
title is further amended by adding at the end the following new 
subsection: 
"(d) EARLY ACQUISITION OF RIGHTS-OF-WAY.— 
"(1) GENERAL RULE.—Subject to paragraph (2), funds appor-
tioned to a State under this title may be used to participate in 
the payment of— 
"(A) costs incurred by the State for acquisition of rights-
of-way, acquired in advance of any Federal approval or 
authorization, if the rights-of-way are subsequently incor-
porated into a project eligible for surface transportation 
program funds; and 
"(B) costs incurred by the State for the acquisition of land 
necessary to preserve environmental and scenic values. 
"(2) TERMS AND CONDITIONS.—The Federal share payable of 
the costs described in paragraph (1) shall be eligible for re-
imbursement out of funds apportioned to a State under this title 
when the rights-of-way acquired are incorporated into a project 
eligible for surface transportation program funds, if the State 
demonstrates to the Secretary and the Secretary finds that— 
"(A) any land acquired, and relocation assistance pro-
vided, complied with the Uniform Relocation Assistance 
and Real Property Acquisition Policies Act of 1970; 
"(B) the requirements of title VI of the Civil Rights Act of 
1964 have been complied with; 
"(C) the State has a mandatory comprehensive and co-
ordinated land use, environment, and transportation plan-
ning process under State law and the acquisition is certified 
by the Governor as consistent with the State plans before 
the acquisition; 
"(D) the acquisition is determined in advance by the 
Governor to be consistent with the State transportation 
planning process pursuant to section 135 of this title; 
"(E) the alternative for which the right-of-way is acquired 
is selected by the State pursuant to regulations to be issued 
by the Secretary which provide for the consideration of the 
environmental impacts of various alternatives; 
"(F) before the time that the cost incurred by a State is Regulations, 
approved for Federal participation, environmental compli-
ance pursuant to the National Environmental Policy Act 
has been completed for the project for which the right-of-
way was acquired by the State, and the acquisition has been 
approved by the Secretary under this Act, and in compli-
ance with section 4(f) of the Department of Transportation 
Act, section 7 of the Endangered Species Act, and all other 
applicable environmental laws shall be identified by the 
Secretary in regulations; and 
105 STAT. 1948 
PUBLIC LAW 102-240—DEC. 18,1991 
"(G) before the time that the cost incurred by a State is 
approved for Federal participation, both the Secretary and 
the Administrator of the Environmental Protection Agency 
have concurred that the property acquired in advance of 
Federal approval or authorization did not influence the 
environmental assessment of the project, the decision rel-
ative to the need to construct the project, or the selection of 
the project design or location.". 
23 u s e 108 note. 
(c) PRESERVATION OF TRANSPORTATION CORRIDORS REPORT.—The 
Secretary, in consultation with the States, shall report to Congress 
within 2 years after the date of the enactment of this Act, a national 
list of the rights-of-way identified by the metropolitan planning 
organizations and the States (under sections 134 and 135 of title 23, 
United States Code), including the total mileage involved, an esti-
mate of the total costs, and a strategy for preventing further loss of 
rights-of-way including the desirability of creating a transportation 
right-of-way land bank to preserve vital corridors. 
SEC. 1018. PRECONSTRUCTION ACTIVITIES. 
(a) LIMITATION ON ESTIMATES FOR CONSTRUCTION ENGINEERING.— 
Section 106(c) of title 23, United States Code, is amended to read as 
follows: 
"(c) LIMITATION ON ESTIMATES FOR CONSTRUCTION ENGINEERING.— 
Items included in all such estimates for construction engineering for 
a State for a fiscal year shall not exceed, in the aggregate, 15 
percent of the total estimated costs of all projects financed within 
the boundaries of the State with Federal-aid highway funds in such 
fiscal year, after excluding from such total estimate costs, the 
estimated costs of rights-of-way, preliminary engineering, and 
construction engineering.". 
Qo) CONFORMING AMENDMENTS.—Section 121(d) of such title is 
amended— 
(1) by striking "120" and inserting "106(c), 120,"; and 
(2) by striking the last sentence. 
SEC. 1019. CONVICT PRODUCED MATERIALS. 
Section 114(b)(2) of title 23, United States Code, is amended by 
inserting "after July 1,1991," after "Materials produced". 
SEC. 1020. PERIOD OF AVAILABILITY. 
(a:) DATE AND PERIOD OF AVAILABIUTY; DISCRETIONARY PROJECTS.— 
Section 118 of title 23, United States Code, is amended by striking 
subsections (a) and (b) and inserting the following new subsections: 
"(a) 
DATE AVAILABLE FOR OBUGATION.—Except as otherwise 
specifically provided, authorizations from the Highway Trust Fund 
(other than the Mass Transit Account) to carry out this title shall be 
available for obligation on the date of their apportionment or alloca-
tion or on October 1 of the fiscal year for which they are authorized, 
whichever occurs first. 
"(b) PERIOD OF AVAILABIUTY; DISCRETIONARY PROJECTS.— 
"(1) INTERSTATE CONSTRUCTION FUNDS.—Funds apportioned or 
allocated for Interstate construction in a State shall remain 
available for obligation in that State until the last day of the 
fiscal year in which they are apportioned or allocated. Sums not 
obligated by the last day of the fiscal year in which they are 
apportioned or allocated shall be allocated to other States, 
except Massachusetts, at the discretion of the Secretary. All 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1949 
sums apportioned or allocated on or after October 1, 1994, shall 
remain available in the State until expended. All sums appor-
tioned or allocated to Massachusetts on or before October 1, 
1989, shall remain available until expended. 
"(2) OTHER FUNDS.—Except as otherwise specifically provided, 
funds apportioned or allocated pursuant to this title (other than 
for Interstate construction) in a State shall remain available for 
obligation in that State for a period of 3 years after the last day 
of the fiscal year for which the funds are authorized. Any 
amounts so apportioned or allocated that remain unobligated at 
the end of that period shall lapse.", 
(b) SET ASIDE FOR DISCRETIONARY PROJECTS.—Section 118(c) of such „„..„_ „„ 
title is amended 
(1) by striking "1983" and inserting "1992"; 
(2) by striking "$300,000,000" and inserting "$100,000,000"; 
and 
(3) by striking paragraph (2) and inserting the following new 
paragraph: 
"(2) SET ASIDE FOR 4R PROJECTS.— 
"(A) IN GENERAL.—Before any apportionment is made 
under section 104(bXl) of this title, the Secretary shall set 
aside $54,000,000 for fiscal year 1992, $64,000,000 for each 
fiscal years 1993, 1994, 1995, and 1996, and $65,000,000 for 
fiscal year 1997 for obligation by the Secretary for projects 
for resurfacing, restoring, rehabilitating, and reconstruct-
ing any route or portion thereof on the Interstate System 
(other than any highway designated as a part of the Inter-
state System under section 139 and any toll road on the 
Interstate System not subject to an agreement under sec-
tion 119(e) of this title, as in effect on the day before the 
date of the enactment of the Intermodal Surface Transpor-
tation Efficiency Act of 1991). Of the amounts set aside 
under the preceding sentence, the Secretary shall obligate 
$16,000,000 for fiscal year 1992 and $17,000,000 for each of 
fiscal years 1993 and 1994 for improvements on the Ken-
nedy Expressway in Chicago, Illinois. The remainder of 
such funds shall be made available by the Secretary to any 
State applying for such funds, if the Secretary determines 
that— 
"(i) the State has obligated or demonstrates that it 
will obligate in the fiscal year all of its apportionments 
under section 104(b)(1) other than an amount which, by 
itself, is insufficient to pay the Federal share of the cost 
of a project for resurfacing, restoring, rehabilitating, 
and reconstructing the Interstate System which has 
been submitted by the State to the Secretary for ap-
proval; and 
"(ii) the applicant is willing and able to (I) obligate 
the funds within 1 year of the date the funds are made 
available, (II) apply them to a ready-to-commence 
project, and (III) in the case of construction work, begin 
work within 90 days of obligation. 
"(B) PRIORITY CONSIDERATION FOR CERTAIN PROJECTS.—In 
selecting projects to fund under subparagraph (A), the Sec-
retary shall give priority consideration to any project the 
cost of which exceeds $10,000,000 on any high volume route 
105 STAT. 1950 
PUBLIC LAW 102-240—DEC. 18, 1991 
in an urban area or a high truck-volume route in a rural 
area. 
"(C) PERIOD OF AVAILABIUTY OF DISCRETIONARY FUNDS.— 
Sums made available pursuant to this paragraph shall 
remain available until expended.". 
23 use 118. 
(c) CONFORMING AMENDMENT.—Section 118(d) of such title is 
amended by striking "(bX2)" and inserting "(bXD". 
(d) ALASKA AND PUERTO RICO.—Section 118(f) of such title is 
amended by striking "on a Federal-aid system". 
SEC. 1021. FEDERAL SHARE. 
(a) IN GENERAL.—Section 120 of title 23, United States Code, is 
amended by striking subsections (a), (b), (c), and (d) and inserting the 
following new subsections: 
"(a) INTERSTATE SYSTEM PROJECTS.—Except as otherwise provided 
in this chapter, the Federal share payable on account of any project 
on the Interstate System (including a project to add high occupancy 
vehicle lanes and a project to add auxiliary lanes but excluding a 
project to add any other lanes) shall be 90 percent of the total cost 
thereof, plus a percentage of the remaining 10 percent of such cost 
in any State containing unappropriated and unreserved public lands 
and nontaxable Indian lands, individual and tribal, exceeding 5 
percent of the total area of all lands therein, equal to the percentage 
that the area of such lands in such State is of its total area; except 
that such Federal share payable on any project in any State shall 
not exceed 95 percent of the total cost of such project. 
"(b) OTHER PROJECTS.—Except as otherwise provided in this title, 
the Federal share payable on account of any project or activity 
carried out under this title (other than a project subject to subsec-
tion (a)) shall be— 
"(1) 80 percent of the cost thereof, except that in the case of 
any State containing nontaxable Indian lands, individual and 
tribal, and public domain lands (both reserved and unreserved) 
exclusive of national forests and national parks and monu-
ments, exceeding 5 percent of the total area of all lands therein, 
the Federal share, for purposes of this chapter, shall be in-
creased by a percentage of the remaining cost equal to the 
percentage that the area of all such lands in such State, is of its 
total area; or 
"(2) 80 percent of the cost thereof, except that in the case of 
any State containing nontaxable Indian lands, individual and 
tribal, public domain lands (both reserved and unreserved), 
national forests, and national parks and monuments, the Fed-
eral share, for purposes of this chapter, shall be increased by a 
percentage of the remaining cost equal to the percentage that 
the area of all such lands in such State is of its total area; 
except that the Federal share payable on any project in a State shall 
Ck)ntracts. 
not exceed 95 percent of the total cost of any such project. In any 
case where a State elects to have the Federal share provided in 
paragraph (2) of this subsection, the State must enter into an 
agreement with the Secretary covering a period of not less than 1 
year, requiring such State to use solely for purposes eligible for 
assistance under this title (other than paying its share of projects 
approved under this title) during the period covered by such agree-
ment the difference between the State's share as provided in para-
graph (2) and what its share would be if it elected to pay the share 
provided in paragraph (1) for all projects subject to such agreement. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1951 
"(c) INCREASED FEDERAL SHARE FOR CERTAIN SAFETY PROJECTS.— 
The Federal share payable on account of any project for traffic 
control signalization, pavement marking, commuter carpooling and 
vanpooling, or installation of traffic signs, traffic lights, guardrails, 
impact attenuators, concrete barrier endtreatments, breakaway util-
ity poles, or priority control systems for emergency vehicles at 
signalized intersections may amount to 100 percent of the cost of 
construction of such projects; except that not more than 10 percent 
of all sums apportioned for all the Federal-aid systems for any fiscal 
year in accordance with section 104 of this title shall be used under 
this subsection.". 
(b) CONFORMING AMENDMENTS.—Section 120 of such title is fur- 23 use 120. 
ther amended— 
(1) by striking subsections (j), (k), (1), and (m), 
(2) by redesignating subsections (e), (f), (g), (h), (i), and (n) as 
subsections (d), (e), (f), (g), (h), and (i) respectively, and 
(3) in subsection (d) as so redesignated by striking "and (c)" 
and inserting "and 0^)". 
(c) LIMITATION ON STATUTORY CONSTRUCTION.—The amendments 
23 use 120 note, 
made by this section shall not be construed to affect (1) the Federal 
share established by the Supplemental Appropriations Act, 1983 (97 
Stat. 329) for construction of any highway on the Interstate System, 
and (2) the Federal share established by section 120(k) of such title, 
as in effect on the day before the date of the enactment of this Act, 
with respect to United States Highway 71 in Arkansas from the 1-40 
intersection to the Missouri-Arkansas State line. 
(d) HIGHER FEDERAL SHARE.—If any highway project authorized to 
be carried out under sections 1103 through 1108 of this Act is a 
project which would be eligible for assistance under section 204 of 
title 23, United States Code, or is a project on a federally owned 
bridge, the Federal share payable on account of such project shall be 
100 percent for purposes of this Act. 
SEC. 1022. EMERGENCY RELIEF. 
(a) EXTENSION OF TIME PERIOD.—Section 120(d) of title 23, United 
States Code, as redesignated by section 1021(b) of this Act, is amend-
ed by striking "90 days" and inserting "180 days". 
(b) DOLLAR LIMITATION FOR TERRITORIES.—Section 125(bX2) of 
such title is amended by striking "$5,000,000" and inserting 
"$20,000,000". 
(c) APPUCABIUTY.—The amendments made by subsections (a) and 
(b) shall only apply to natural disasters and catastrophic failures 
occurring after the date of the enactment of this Act. 
SEC. 1023. GROSS VEHICLE WEIGHT RESTRICTION. 
(a) CONFORMING AMENDMENTS.—Section 127(a) of title 23, United 
States Code, is amended— 
(1) by striking "funds authorized to be appropriated for any 
fiscal year under provisions of the Federal-Aid Highway Act of 
1956 shall be apportioned" and inserting "funds shall be appor-
tioned in any fiscal year under section 104(b)(1) of this title"; 
and 
(2) in the fourth sentence by inserting after "thereof the 
following: ", other than vehicles or combinations subject to 
subsection (d) of this section,". 
105 STAT. 1952 
PUBLIC LAW 102-240—DEC. 18, 1991 
(b) OPERATION OF LONGER COMBINATION VEHICLES.—Section 127 of 
23 use 127. 
such title is amended by adding at the end the following new 
subsection: 
"(d) LONGER COMBINATION VEHICLES.— 
"(1) PROHIBITION.— 
"(A) GENERAL CONTINUATION RULE.—A longer combina-
tion vehicle may continue to operate only if the longer 
, combination vehicle configuration type was authorized by 
State officials pursuant to State statute or regulation 
conforming to this section and in actual lawful operation on 
a regular or periodic basis (including seasonal operations) 
on or before June 1, 1991, or pursuant to section 335 of the 
Department of Transportation and Related Agencies Appro-
priations Act, 1991 (104 Stat. 2186). 
"(B) APPUCABIUTY OF STATE LAWS AND REGULATIONS.—All 
such operations shall continue to be subject to, at the 
minimum, all State statutes, regulations, limitations and 
conditions, including, but not limited to, routing-specific 
and configuration-specific 
designations and all 
other 
restrictions, in force on June 1, 1991; except that subject to 
such regulations as may be issued by the Secretary pursu-
ant to paragraph (5) of this subsection, the State may make 
minor adjustments of a temporary and emergency nature to 
route designations and vehicle operating restrictions in 
effect on June 1, 1991, for specific safety purposes and road 
construction. 
"(C) WYOMING.—In addition to those vehicles allowed 
under subparagraph (A), the State of Wyoming may allow 
the operation of additional vehicle configurations not in 
actual operation on June 1, 1991, but authorized by State 
law not later than November 3, 1992, if such vehicle 
configurations comply with the single axle, tandem sixle, 
and bridge formula limits set forth in subsection (a) and do 
not exceed 117,000 pounds gross vehicle weight. 
"(D) OHIO.—In addition to vehicles which the State of 
Ohio may continue to allow to be operated under subpara-
graph (A), such State may allow longer combination ve-
hicles with 3 cargo carrying units of 28^2 feet each (not 
including the truck tractor) not in actual operation on June 
1, 1991, to be operated within its boundaries on the 1-mile 
segment of Ohio State Route 7 which begins at and is south 
of exit 16 of the Ohio Turnpike. 
"(E) ALASKA.—In addition to vehicles which the State of 
Alaska may continue to allow to be operated under 
subparagraph (A), such State may allow the operation of 
longer combination vehicles which were not in actual oper-
ation on June 1, 1991, but which were in actual operation 
prior to July 5,1991. 
"(2) ADDITIONAL STATE RESTRICTIONS.— 
"(A) IN GENERAL.—Nothing in this subsection shall pre-
vent any State from further restricting in any manner or 
prohibiting the operation of longer combination vehicles 
otherwise authorized under this subsection; except that 
such restrictions or prohibitions shall be consistent with the 
requirements of sections 411, 412, and 416 of the Surface 
Transportation Assistance Act of 1982 (49 U.S.C. App. 2311, 
2312, and 2316). 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1953 
"(B) MINOR ADJUSTMENTS.—Any State further restricting 
or prohibiting the operations of longer combination vehicles 
or making minor adjustments of a temporary and emer-
gency nature as may be allowed pursuant to regulations 
issued by the Secretary pursuant to paragraph (5) of this 
subsection, shall, within 30 days, advise the Secretary of 
such action, and the Secretary shall publish a notice of such 
action in the Federal Register. 
'(3) PUBUCATION OF LIST.— 
"(A) SUBMISSION TO SECRETARY.—Within 60 days of the 
date of the enactment of this subsection, each State (i) shall 
submit to the Secretary for publication in the Federal 
Register a complete list of (I) all operations of longer com-
bination vehicles being conducted as of June 1, 1991, pursu-
ant to State statutes and regulations; (II) all limitations and 
conditions, including, but not limited to, routing-specific 
and configuration-specific 
designations and all other 
restrictions, governing the operation of longer combination 
vehicles otherwise prohibited under this subsection; and 
(III) such statutes, regulations, limitations, and conditions; 
and (ii) shall submit to the Secretary copies of such statutes, 
regulations, limitations, and conditions. 
"(B) INTERIM LIST.—Not later than 90 days after the date 
of the enactment of this subsection, the Secretary shall 
publish an interim list in the Federal Register, consisting of 
all information submitted pursuant to subparagraph (A). 
The Secretary shall review for accuracy all information 
submitted by the States pursuant to subparagraph (A) and 
shall solicit and consider public comment on the accuracy of 
all such information. 
"(C) LIMITATION.—No statute or regulation shall be in-
cluded on the list submitted by a State or published by the 
Secretary merely on the grounds that it authorized, or 
could have authorized, by permit or otherwise, the oper-
ation of longer combination vehicles, not in actual oper-
ation on a regular or periodic basis on or before June 1, 
1991. 
"(D) FINAL UST.—Except as modified pursuant to para-
graph (1)(C) of this subsection, the list shall be published as 
final in the Federal Register not later than 180 days after 
the date of the enactment of this subsection. In publishing 
the final list, the Secretary shall make any revisions 
necessary 
to 
correct 
inaccuracies 
identified 
under 
subparagraph (B). After publication of the final list, longer 
combination vehicles may not operate on the Interstate 
System except as provided in the list. 
"(E) REVIEW AND CORRECTION PROCEDURE.—The Sec-
retary, on his or her own motion or upon a request by any 
person (including a State), shall review the list issued by 
the Secretary pursuant to subparagraph (D). If the Sec-
retary determines there is cause to believe that a mistake 
was made in the accuracy of the final list, the Secretary 
shall commence a proceeding to determine whether the list 
published pursuant to subparagraph (D) should be cor-
rected. If the Secretary determines that there is a mistake 
in the accuracy of the list the Secretary shall correct the 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
105 STAT. 1954 
PUBLIC LAW 102-240—DEC. 18, 1991 
publication under subparagraph (D) to reflect the deter-
mination of the Secretary. 
"(4) LONGER COMBINATION VEHICLE DEFINED.—For purposes of 
this section, the term 'longer combination vehicle' means any 
combination of a truck tractor and 2 or more trailers or 
semitrailers which operates on the Interstate System at a gross 
vehicle weight greater than 80,000 pounds. 
"(5) REGULATIONS REGARDING MINOR ADJUSTMENTS.—Not later 
than 180 days after the date of the enactment of this subsection, 
the Secretary shall issue regulations establishing criteria for 
the States to follow in making minor adjustments under para-
graph (IXB).". 
23 use 141. 
(c) STATE CERTIFICATION.—Section 14103) of such title is amended 
by adding at the end the following new sentence: "Each State shall 
also certify that it is enforcing and complying with the provisions of 
section 127(d) of this title and section 411(j) of the Surface Transpor-
tation Assistance Act of 1982 (49 U.S.C. App. 23110)).". 
(d) INTERSTATE ROUTE 68.—Section 127 of such title is amended by 
adding at the end the following new subsection: 
"(e) OPERATION OF CERTAIN SPECIALIZED HAUUNG VEHICLES ON 
INTERSTATE ROUTE 68.—The single axle, tandem axle, and bridge 
formula limits set forth in subsection (a) shall not apply to the 
operation on Interstate Route 68 in Garrett and Allegany Counties, 
Maryland, of any specialized vehicle equipped with a steering axle 
and a tridem axle and used for hauling coal, logs, and pulpwood if 
such vehicle is of a type of vehicle as was operating in such counties 
on United States Route 40 or 48 for such purpose on August 1, 
1991.". 
23 u s e 127 note. 
(e) FiREFIGHTING VEHICLES.— 
(1) TEMPORARY EXEMPTION.—The second sentence of section 
127 of title 23, United States Code, relating to axle weight 
limitations and the bridge formula for vehicles using the Na-
tional System of Interstate and Defense Highways, shall not 
apply, in the 2-year period beginning on the date of the enact-
ment of this Act, to any existing vehicle which is used for the 
purpose of protecting persons and property from fires and other 
disasters that threaten public safety and which is in actual 
operation before such date of enactment and to any new vehicle 
to be used for such purpose while such vehicle is being delivered 
to a firefighting agency. The Secretary may extend such 2-year 
period for an additional year. 
(2) STUDY.—The Secretary shall conduct a study— 
(A) of State laws regulating the use on the National 
System of Interstate and Defense Highways of vehicles 
which are used for the purpose of protecting persons and 
property from fires and other disasters that threaten public 
safety and which are being delivered to or operated by a 
firefighting agency; and 
(B) of the issuance of permits by States which exempt 
such vehicles from the requirements of the second sentence 
of section 127 of title 23, United States Code. 
(3) PURPOSES.—The purposes of the study under this subsec-
tion are to determine whether or not such State laws and such 
section 127 need to be modified with regard to such vehicles and 
whether or not a permanent exemption should be made for such 
vehicles from the requirements of such laws and section 127 or 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1955 
whether or not the bridge formula set forth in such section 
should be modified £is it applies to such vehicles. 
(4) REPORT.—Not later than 18 months after the date of the 
enactment of this Act, the Secretary shall submit to the Con-
gress a report on the results of the study conducted under 
paragraph (2), together with recommendations. 
(f) MONTANA-CANADA TRADE.—The Secretary shall not withhold 
funds from the State of Montana on the basis of actions taken by the 
State of Montana pursuant to a draft memorandum of understand-
ing with the Province of Alberta, Canada, regarding truck transpor-
tation between Canada and Shelby, Montana; except that such 
actions do not include actions not permitted by the State of Montana 
on or before June 1,1991. 
(g) TRANSPORTERS OF WATER WELL DRILLING RIGS.— 
23 use 127 note. 
(1) STUDY.—The Secretary shall conduct a study of State and 
Federal regulations pertaining to transporters of water well 
drilling rigs on public highways for the purpose of identifying 
requirements which place a burden on such transporters with-
out enhancing safety or preservation of public highways. 
(2) REPORT.—Not later than 2 years after the date of the 
enactment of this Act, the Secretary shall transmit to Congress 
a report on the results of the study conducted under paragraph 
(1), together with any legislative and administrative rec-
ommendations of the Secretary. I 
SEC. 1024. METROPOLITAN PLANNING. 
(a) IN GENERAL.—Section 134 of title 23, United States Code, is 
amended to read as follows: 
, 
"§ 134. Metropolitan planning 
"(a) GENERAL REQUIREMENTS.—It is in the national interest to 
encourage and promote the development of transportation systems 
embracing various modes of transportation in a manner which will 
efficiently maximize mobility of people and goods within and 
through urbanized areas and minimize transportation-related fuel 
consumption and air pollution. To accomplish this objective, metro-
politan planning organizations, in cooperation with the State, shall 
develop transportation plans and programs for urbanized areas of 
the State. Such plans and programs shall provide for the develop-
ment of transportation facilities (including pedestrian walkways and 
bicycle transportation facilities) which will function as an inter-
modal transportation system for the State, the metropolitan areas, 
and the Nation. The process for developing such plans and programs 
shall provide for consideration of all modes of transportation and 
shall be continuing, cooperative, and comprehensive to the degree 
appropriate, based on the complexity of the transportation prob-
lems. 
"(b) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS.— 
"(1) IN GENERAL.—To carry out the transportation planning 
process required by this section, a metropolitan planning 
organization shall be designated for each urbanized area of 
more than 50,000 population by agreement among the Governor 
and units of general purpose local government which together 
represent at least 75 percent of the affected population (includ-
ing the central city or cities as defined by the Bureau of the 
Census) or in accordance with procedures established by ap-
plicable State or local law. 
105 STAT. 1956 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(2) MEMBERSHIP OF CERTAIN MPO'S.—In a metropolitan area 
designated as a transportation management area, the metro-
politan planning organization designated for such area shall 
include local elected officials, officials of agencies which admin-
ister or operate major modes of transportation in the metropoli-
tan area (including all transportation agencies included in the 
metropolitan planning organization on June 1, 1991) and appro-
priate State officials. This paragraph shall only apply to a 
metropolitan planning organization which is redesignated after 
the date of the enactment of this section. 
"(3) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in 
this subsection shall be construed to interfere with the author-
ity, under any State law in effect on the date of the enactment 
of this section, of a public agency with multimodal transpor-
tation responsibilities to— 
"(A) develop plans and programs for adoption by a metro-
politan planning organization; and 
"(B) develop long-range capital plans, coordinate transit 
services and projects, and carry out other activities pursu-
ant to State law. 
"(4) CONTINUING DESIGNATION.—Designations of metropolitan 
planning organizations, whether made under this section or 
other provisions of law, shall remain in effect until redesignated 
under paragraph (5) or revoked by agreement among the Gov-
ernor and units of general purpose local government which 
together represent at least 75 percent of the affected population 
or as otherwise provided under State or local procedures. 
"(5) REDESIGNATION.— 
"(A) PROCEDURES.—A metropolitan planning organization 
may be redesignated by agreement among the Governor 
and units of general purpose local government which to-
gether represent at least 75 percent of the affected popu-
lation (including the central city or cities as defined by the 
Bureau of the Census) as appropriate to carry out this 
section. 
"(B) CERTAIN REQUESTS TO REDESIGNATE.—A metropolitan 
planning organization shall be redesignated upon request of 
a unit or units of general purpose local government rep-
resenting at least 25 percent of the affected population 
(including the central city or cities as defined by the Bureau 
of the Census) in any urbanized area (i) whose population is 
more than 5,000,000 but less than 10,000,000, or (ii) which is 
an extreme nonattainment area for ozone or carbon mon-
oxide as defined under the Clean Air Act. Such redesigna-
tion shall be accomplished using procedures established by 
subparagraph (A). 
"(6) TREATMENT OF LARGE URBAN AREAS.—More than 1 metro-
politan planning organization may be designated within an 
urbanized area as defined by the Bureau of the Census only if 
the Governor determines that the size and complexity of the 
urbanized area make designation of more than 1 metropolitan 
planning organization for such area appropriate. 
"(c) METROPOLITAN AREA BOUNDARIES.—For the purposes of this 
section, the boundaries of a metropolitan area shall be determined 
by agreement between the metropolitan planning organization and 
the Governor. Each metropolitan area shall cover at least the 
existing urbanized area and the contiguous area expected to become 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1957 
urbanized within the 20-year forecast period and may encompass the 
entire metropolitan statistical area or consolidated metropolitan 
statistical area, as defined by the Bureau of the Census. For areas 
designated as nonattainment areas for ozone or carbon monoxide 
under the Clean Air Act, the boundaries of the metropolitan area 
shall at least include the boundaries of the nonattainment area, 
except as otherwise provided by agreement between the metropoli-
tan planning organization and the Governor. 
"(d) COORDINATION IN MULTISTATE AREAS.— 
"(1) IN GENERAL.—The Secretary shall establish such require-
ments as the Secretary considers appropriate to encourage 
Governors and metropolitan planning organizations 
with 
responsibility for a portion of a multi-State metropolitan area to 
provide coordinated transportation planning for the entire 
metropolitan area. 
"(2) COMPACTS.—The consent of Congress is hereby given to 
any 2 or more States to enter into agreements or compacts, not 
in conflict with any law of the United States, for cooperative 
efforts and mutual assistance in support of activities authorized 
under this section as such activities pertain to interstate areas 
and localities within such States and to establish such agencies, 
joint or otherwise, as such States may deem desirable for 
making such agreements and compacts effective. 
"(e) COORDINATION OF MPO'S.—If more than 1 metropolitan plan-
ning organization has authority within a metropolitan area or an 
area which is designated as a nonattainment area for ozone or 
carbon monoxide under the Clean Air Act, each metropolitan plan-
ning organization shall consult with the other metropolitan plan-
ning organizations designated for such area and the State in the 
coordination of plans and programs required by this section. 
"(f) FACTORS TO BE CONSIDERED.—In developing transportation 
plans and programs pursuant to this section, each metropolitan 
planning organization shall, at a minimum, consider the following: 
"(1) Preservation of existing transportation facilities and, 
where practical, ways to meet transportation needs by using 
existing transportation facilities more efficiently. 
"(2) The consistency of transportation planning with ap-
plicable Federal, State, and local energy conservation programs, 
goals, and objectives. 
"(3) The need to relieve congestion and prevent congestion 
from occurring where it does not yet occur. 
"(4) The likely effect of transportation policy decisions on land 
use and development and the consistency of transportation 
plans and programs with the provisions of all applicable short-
and long-term land use and development plans. 
"(5) The programming of expenditure on transportation 
enhancement activities as required in section 133. 
"(6) The effects of all transportation projects to be undertaken 
within the metropolitan area, without regard to whether such 
projects are publicly funded. 
"(7) International border crossings and access to ports, air-
ports, intermodal transportation facilities, major freight dis-
tribution routes, national parks, recreation areas, monuments 
and historic sites, and military installations. 
"(8) The need for connectivity of roads within the metropoli-
tan area with roads outside the metropolitan area. 
105 STAT. 1958 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(9) The transportation needs identified through use of the 
management systems required by section 303 of this title. 
"(10) Preservation of rights-of-way for construction of future 
transportation projects, including identification of unused 
rights-of-way which may be needed for future transportation 
corridors and identification of those corridors for which action is 
most needed to prevent destruction or loss. 
"(11) Methods to enhance the efficient movement of freight. 
"(12) The use of life-cycle costs in the design and engineering 
of bridges, tunnels, or pavement. 
"(13) The overall social, economic, energy, and environmental 
effects of transportation decisions. 
"(14) Methods to expand and enhance transit services and to 
increase the use of such services. 
"(15) Capital investments that would result in increased secu-
rity in transit systems. 
"(g) DEVELOPMENT OF LONG RANGE PLAN.— 
"(1) IN GENERAL.—Each metropolitan planning organization 
shall prepare, and update periodically, according to a schedule 
that the Secretary determines to be appropriate, a long range 
plan for its metropolitan area in accordance with the require-
ments of this subsection. 
"(2) LONG RANGE PLAN.—A long range plan under this section 
shall be in a form that the Secretary determines to be appro-
priate and shall, at a minimum: 
"(A) Identify transportation facilities (including but not 
necessarily limited to major 
roadways, transit, 
and 
multimodal and intermodal facilities) that should function 
as an integrated metropolitan transportation system, giving 
emphasis to those facilities that serve important national 
and regional transportation functions. In formulating the 
long range plan, the metropolitan planning organization 
shall consider factors described in subsection (f) as such 
factors relate to a 20-year forecast period. 
"(B) Include a financial plan that demonstrates how the 
long-range plan can be implemented, indicates resources 
from public and private sources that are reasonably ex-
pected to be made available to carry out the plan, and 
recommends any innovative financing techniques to fi-
nance needed projects and programs, including such tech-
niques as value capture, tolls and congestion pricing. 
"(C) Assess capital investment and other measures nec-
essary to— 
"(i) ensure the preservation of the existing metropoli-
tan transportation system, including requirements for 
operational improvements, resurfacing, 
restoration, 
and rehabilitation of existing and future major road-
ways, as well as operations, maintenance, moderniza-
tion, and rehabilitation of existing and future transit 
facilities; and 
"(ii) make the most efficient use of existing transpor-
tation facilities to relieve vehicular congestion and 
maximize the mobility of people and goods. 
"(D) Indicate as appropriate proposed transportation 
enhancement activities. 
"(3) COORDINATION WITH CLEAN AIR ACT AGENCIES.—In metro-
politan areas which are in nonattainment for ozone or carbon 
PUBLIC LAW 102-240—DEC. 18,1991 
105 STAT. 1959 
monoxide under the Clean Air Act, the metropolitan planning 
organization shall coordinate the development of a long range 
plan with the process for development of the transportation 
control measures of the State implementation plan required by 
the Clean Air Act. 
"(4) PARTICIPATION BY INTERESTED PARTIES.—Before approving 
a long range plan, each metropolitan planning organization 
shall provide citizens, affected public agencies, representatives 
of transportation agency employees, private providers of 
transportation, and other interested parties with a resisonable 
opportunity to comment on the long range plan, in a manner 
that the Secretary deems appropriate. 
"(5) PUBLICATION OF LONG RANGE PLAN.—Each long range 
plan prepared by a metropolitan planning organization shall 
be— 
"(i) published or otherwise made readily available for 
public review; and 
"(ii) submitted for information purposes to the Grovernor 
at such times and in such manner as the Secretary shall 
establish. 
(h) TRANSPORTATION IMPROVEMENT PROGRAM.— 
"(1) DEVELOPMENT.—The metropolitan planning organization 
designated for a metropolitan area, in cooperation with the 
State and affected transit operators, shall develop a transpor-
tation improvement program for the area for which such 
organization is designated. In developing the program, the 
metropolitan planning organization shall provide citizens, af-
fected public agencies, representatives of transportation agency 
employees, other affected employee representatives, private 
providers of transportation, and other interested parties with a 
reasonable opportunity to comment on the proposed program. 
The program shall be updated at least once every 2 years and 
shall be approved by the metropolitan planning organization 
and the Governor. 
"(2) PRIORITY OF PROJECTS.—The transportation improvement 
program shall include the following: 
"(A) A priority list of projects and project segments to be 
carried out within each 3-year period after the initial adop-
tion of the transportation improvement program. 
"(B) A financial 
plan that demonstrates how the 
transportation improvement program can be implemented, 
indicates resources from public and private sources that are 
reasonably expected to be made available to carry out the 
plan, and recommends any innovative financing techniques 
to finance needed projects and programs, including value 
capture, tolls, and congestion pricing. 
"(3) SELECTION OF PROJECTS.—Except as otherwise provided in 
subsection (i)(4), project selection in metropolitan areas for 
projects involving Federal participation shall be carried out by 
the State in cooperation with the metropolitan planning 
organization and shall be in conformance with the transpor-
tation improvement program for the area. 
"(4) MAJOR CAPITAL INVESTMENTS.—Not later than 6 months 
after the date of the enactment of this section, the Secretary 
shall initiate a rulemaking proceeding to conform review 
requirements for transit projects under the National Environ-
mental Policy Act of 1969 to comparable requirements under 
105 STAT. 1960 
PUBLIC LAW 102-240—DEC. 18, 1991 
such Act applicable to highway projects. Nothing in this section 
shall be construed to affect the applicability of such Act to 
transit or highway projects. 
"(5) INCLUDED PROJECTS.—A transportation improvement pro-
gram for a metropolitan area developed under this subsection 
shall include projects within the area which are proposed for 
funding under this title and the Federal Transit Act and which 
are consistent with the long range plan developed under subsec-
tion (g) for the area. The program shall include a project, or an 
identified phase of a project, only if full funding can reasonably 
be anticipated to be available for the project within the time 
period contemplated for completion of the project. 
"(6) NOTICE AND COMMENT.—Before approving a transpor-
tation 
improvement 
program, a 
metropolitan 
planning 
organization shall provide citizens, affected public agencies, 
representatives of transportation agency employees, private 
providers of transportation, and other interested parties with 
reasonable notice of and an opportunity to comment on the 
proposed program, 
"(i) TRANSPORTATION MANAGEMENT AREAS.— 
"(1) DESIGNATION.—The Secretary shall designate as transpor-
tation management areas all urbanized areas over 200,000 popu-
lation. The Secretary shall designate any additional area as a 
transportation management area upon the request of the Gov-
ernor and the metropolitan planning organization designated 
for such area or the affected local officials. Such additional 
areas shall include upon such a request the Lake Tahoe Basin 
as defined by Public Law 96-551. 
"(2) 
TRANSPORTATION PLANS AND PROGRAMS.—Within 
a 
transportation management area, transportation plans and pro-
grams shall be based on a continuing and comprehensive 
transportation planning process carried out by the metropolitan 
planning organization in cooperation with the State and transit 
operators. 
"(3) CONGESTION MANAGEMENT SYSTEM.—Within a transpor-
tation management area, the transportation planning process 
under this section shedl include a congestion management 
system that provides for effective management of new and 
existing transportation facilities eligible for funding under this 
title and the Federal Transit Act through the use of travel 
demand reduction and operational management strategies. The 
Secretary shall establish an appropriate phase-in schedule for 
compliance with the requirements of this section. 
"(4) SELECTION OF PROJECTS.—All projects carried out within 
the boundaries of a transportation management area with Fed-
eral participation pursuant to this title (excluding projects 
undertaken on the National Highway System and pursuant to 
the bridge and Interstate maintenance programs) or pursuant 
to the Federal Transit Act shall be selected by the metropolitan 
planning organization designated for such area in consultation 
with the State and in conformance with the transportation 
improvement program for such area and priorities established 
therein. Projects undertaken within the boundaries of a 
transportation management area on the National Highway 
System or pursuant to the bridge and Interstate maintenance 
programs shall be selected by the State in cooperation with the 
metropolitan planning organization designated for such area 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1961 
and shall be in conformance with the transportation improve-
ment program for such area. 
"(5) CERTIFICATION.—The Secretary shall assure that each 
? 
metropolitan planning organization in each transportation 
management area is carrying out its responsibilities under 
applicable provisions of Federal law, and shall so certify at least 
once every 3 years. The Secretary may make such certification 
only if (1) a metropolitan planning organization is complying 
with the requirements of this section and other applicable 
requirements of Federal law, and (2) there is a transportation 
improvement program for the area that has been approved by 
the metropolitan planning organization and the Governor. If 
; 
after September 30, 1993, a metropolitan planning organization 
is not certified by the Secretary, the Secretary may withhold, in 
whole or in part, the apportionment under section 104(b)(3) 
attributed to the relevant metropolitan area pursuant to section 
133(d)(3) and capital funds apportioned under the formula pro-
gram under section 9 of the Federal Transit Act. If a metropoli-
tan planning organization remains uncertified for more than 2 
consecutive years after September 30, 1994, 20 percent of the 
apportionment attributed to that metropolitan area under sec-
tion 133(d)(3) and capital funds apportioned under the formula 
program under section 9 of the Federal Transit Act shall be 
withheld. The withheld apportionments shall be restored to the 
metropolitan area at such time as the metropolitan planning 
organization is certified by the Secretary. The Secretary shall 
not withhold certification under this section based upon the 
policies and criteria established by a metropolitan planning 
organization or transit grant recipient for determining the 
feasibility of private enterprise participation in accordance with 
section 8(o) of the Federal Transit Act. 
"(j) ABBREVIATED PLANS AND PROGRAMS FOR CERTAIN AREAS.—For 
metropolitan areas not designated as transportation management 
areas under this section, the Secretary may provide for the develop-
ment of abbreviated metropolitan transportation plans and pro-
grams that the Secretary determines to be appropriate to achieve 
the purposes of this section, taking into account the complexity of 
transportation problems, including transportation related air qual-
ity problems, in such areas. In no event shall the Secretary provide 
abbreviated plans or programs for metropolitan areas which are 
in nonattainment for ozone or carbon monoxide under the Clean 
Air Act. 
"(k) TRANSFER OF FUNDS.—Funds made available for a highway 
project under the Federal Transit Act shall be transferred to and 
administered by the Secretary in accordance with the requirements 
of this title. Funds made available for a transit project under the 
Federal-Aid Highway Act of 1991 shall be transferred to and 
administered by the Secretary in accordance with the requirements 
of the Federal Transit Act. 
"(1) 
ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT 
AREAS.—Notwithstanding any other provisions of this title or the 
Federal Transit Act, for transportation management areas classified 
as nonattainment for ozone or carbon monoxide pursuant to the 
Clean Air Act, Federal funds may not be programmed in such area 
for any highway project that will result in a significant increase in 
carrying capacity for single-occupant vehicles unless the project is 
part of an approved congestion management system. 
105 STAT. 1962 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(m) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed to confer on a metropolitan planning 
organization the authority to impose legal requirements on any 
transportation facility, provider, or project not eligible under this 
title or the Federal Transit Act. 
"(n) REPROGRAMMING OF SET ASIDE FUNDS.—Any funds set aside 
pursuant to section 104(f) of this title that are not used for the 
purpose of carrying out this section may be made available by the 
metropolitan planning organization to the State for the purpose of 
funding activities under section 135.". 
Os) AMENDMENTS TO SECTION 104.—Section 104(f) of title 23, United 
States Code, is amended— 
(1) in paragraph (1) by striking "one-half per centum" and 
inserting "1 percent"; 
(2) in paragraph (1) by striking "the Federal-aid systems" and 
inserting "programs authorized under this title"; 
(3) in paragraph (1) by striking "except that" and all that 
follows before the period and inserting "except that the amount 
from which such set aside is made shall not include funds 
authorized to be appropriated for the Interstate construction 
and Interstate substitute programs"; 
(4) in paragraph (3) by striking "section 120" and inserting 
"section 120(j)"; 
(5) in paragraph (4) by striking "and metropolitan area 
transportation needs" and inserting "attainment of air quality 
standards, metropolitan area transportation needs, and other 
factors necessary to provide for an appropriate distribution of 
funds to carry out the requirements of section 134 and other 
applicable requirements of Federal law"; and 
(6) by adding at the end the following new paragraph: 
"(5) DETERMINATION OF POPULATION FIGURES.—For the pur-
poses of determining population figures under this subsection, 
the Secretary shall use the most recent estimate published by 
the Secretary of Commerce.". 
(c) CONFORMING AMENDMENTS.— 
(1) The analysis of chapter 1 of title 23, United States Code, is 
amended by striking 
"Sec. 134. Transportation planning in certain urban areas." 
and inserting 
"Sec. 134. Metropolitan planning.". 
(2) Section 104(f)(3) of title 23, United States Code, is amended 
by striking "designated by the State as being". 
SEC. 1025. STATEWIDE PLANNING. 
(a) IN GENERAL.—Section 135 of title 23, United States Code, is 
amended to read as follows: 
"§ 135. Statewide planning 
"(a) ^GENERAL REQUIREMENTS.—It is in the national interest to 
encourage and promote the development of transportation systems 
embracing various modes of transportation in a manner that will 
serve all areas of the State efficiently and effectively. Subject to 
section 134 of this title, the State shall develop transportation plans 
and programs for all areas of the State. Such plans and programs 
shall provide for development of transportation facilities (including 
pedestrian walkways and bicycle transportation facilities) which 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1963 
will function as an intermodal State transportation system. The 
process for developing such plans and programs shall provide for 
consideration of all modes of transportation and shall be continuing, 
cooperative, and comprehensive to the degree appropriate, based on 
the complexity of the transportation problems, 
"(b) 
COORDINATION WITH METROPOLITAN PLANNING; STATE IM-
PLEMENTATION PLAN.—In carrying out planning under this section, 
a State shall coordinate such planning with the transportation 
planning activities carried out under section 134 of this title for 
metropolitan areas of the State and shall carry out its responsibil-
ities for the development of the transportation portion of the State 
implementation plan to the extent required by the Clean Air Act. 
"(c) STATE PLANNING PROCESS.—Each State shall undertake a 
continuous transportation planning process which shall, at a mini-
mum, consider the following: 
"(1) The results of the management systems required pursu-
ant to subsection (b). 
"(2) Any Federal, State, or local energy use goals, objectives, 
programs, or requirements. 
"(3) Strategies for incorporating bicycle transportation facili-
ties and pedestrian walkways in projects where appropriate 
throughout the State. 
"(4) International border crossings and access to ports, air-
ports, intermodal transportation facilities, major freight dis-
tribution routes, national parks, recreation and scenic areas, 
monuments and historic sites, and military installations. 
"(5) The transportation needs of nonmetropolitan areas 
through a process that includes consultation with local elected 
officials with jurisdiction over transportation. 
"(6) Any metropolitan area plan developed pursuant to sec-
tion 134. 
"(7) Connectivity between metropolitan areas within the State 
and with metropolitan areas in other States. 
"(8) Recreational travel and tourism. 
"(9) Any State plan developed pursuant to the Federal Water 
Pollution Control Act. 
"(10) Transportation system management and investment 
strategies designed to make the most efficient use of existing 
transportation facilities. 
"(il) The overall social, economic, energy, and environmental 
effects of transportation decisions. 
"(12) Methods to reduce traffic congestion and to prevent 
traffic congestion from developing in areas where it does not yet 
occur, including methods which reduce motor vehicle travel, 
particularly single-occupant motor vehicle travel. 
"(13) Methods to expand and enhance transit services and to 
increase the use of such services. 
"(14) The effect of transportation decisions on land use and 
land development, including the need for consistency between 
transportation decisionmaking and the provisions of all ap-
plicable short-range and long-range land use and development 
plans. 
"(15) The transportation needs identified through use of the 
management systems required by section 303 of this title. 
"(16) Where appropriate, the use of innovative mechanisms 
for financing projects, including value capture pricing, tolls, and 
congestion pricing. 
105 STAT. 1964 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(11) Preservation of rights-of-way for construction of future 
transportation projects, including identification of unused 
rights-of-way which may be needed for future transportation 
corridors, and identify those corridors for which action is most 
needed to prevent destruction or loss. 
"(18) Long-range needs of the State transportation system. 
"(19) Methods to enhance the efficient movement of commer-
cial motor vehicles. 
"(20) The use of life-cycle costs in the design and engineering 
of bridges, tunnels, or pavement. 
"(d) ADDITIONAL REQUIREMENTS.—Each State in carrying out plan-
ning under this section shall, at a minimum, consider the following: 
"(1) The coordination of transportation plans and programs 
developed for metropolitan areas of the State under section 134 
with the State transportation plans and programs developed 
under this section and the reconciliation of such plans and 
programs as necessary to ensure connectivity within transpor-
tation systems. 
"(2) Investment strategies to improve adjoining State and 
local roads that support rural economic growth and tourism 
development. Federal agency renewable resources management, 
and multipurpose land management practices, including recre-
ation development. 
"(3) The concerns of Indian tribal governments having juris-
diction over lands within the boundaries of the State. 
"(e) LONG-RANGE PLAN.—The State shall develop a long-range 
transportation plan for all areas of the State. With respect to 
metropolitan areas of the State, the plan shall be developed in 
cooperation with metropolitan planning organizations designated 
Indians. 
for 
metropolitan areas in the State under section 134. With respect 
to areas of the State under the jurisdiction of an Indian tribal 
government, the plan shall be developed in cooperation with such 
government and the Secretary of the Interior. In developing the 
plan, the State shall provide citizens, affected public agencies, rep-
resentatives of transportation agency employees, other affected em-
ployee representatives, private providers of transportation, and 
other interested parties with a reasonable opportunity to comment 
on the proposed plan. In addition, the State shall develop a long-
range plan for bicycle transportation and pedestrian walkways for 
appropriate areas of the State which shall be incorporated into the 
long-range transportation plan. 
"(if) TRANSPORTATION IMPROVEMENT PROGRAM.— 
"(1) DEVELOPMENT.—The State shall develop a transportation 
improvement program for all areas of the State. With respect to 
metropolitan areas of the State, the program shall be developed 
in cooperation with metropolitan planning organizations des-
ignated for metropolitan areas in the State under section 134. In 
developing the program, the Governor shall provide citizens, 
affected 
public agencies, representatives of transportation 
agency employees, other affected employee representatives, pri-
vate providers of transportation, and other interested parties 
with a reasonable opportunity to comment on the proposed 
program. 
"(2) INCLUDED PROJECTS.—A transportation improvement pro-
gram for a State developed under this subsection shall include 
projects within the boundaries of the State which are proposed 
for funding under this title and the Federal Transit Act, which 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1965 
are consistent with the long-range plan developed under this 
section for the State, which are consistent with the metropoli-
tan transportation improvement program, and which in areas 
designated as nonattainment for ozone or carbon monoxide 
under the Clean Air Act conform with the applicable State 
implementation plan developed pursuant to the Clean Air Act. 
The program shall include a project, or an identified phase of a 
project, only if full funding can reasonably be anticipated to be 
available for such project within the time period contemplated 
for completion of the project. The program shall also reflect the 
priorities for programming and expenditures of funds, including 
transportation enhancements, required by this title. 
"(3) PROJECT SELECTION FOR AREAS LESS THAN 50,OOO POPU-
LATION.—Projects undertaken in areas of less than 50,000 popu-
lation (excluding projects undertaken on the National Highway 
System and pursuant to the bridge and Interstate maintenance 
programs) shall be selected by the State in cooperation with the 
affected local officials. Projects undertaken in such areas on the 
National Highway System or pursuant to the bridge and Inter-
state maintenance programs shall be selected by the State in 
consultation with the affected local officials. 
"(4) BIENNIAL REVIEW AND APPROVAL.—A transportation 
improvement program developed under this subsection shall be 
reviewed and approved no less frequently than biennially by the 
Secretary. 
"(g) FUNDING.—Funds set aside pursuant to section 307(c)(1) of 
title 23, United States Code, shall be available to carry out the 
requirements of this section. 
(h) TREATMENT OF CERTAIN STATE LAWS AS CONGESTION MANAGE-
MENT SYSTEMS.—For purposes of this section, section 134, and sec-
tion 8 of the Federal Transit Act, United States Code, State laws, 
rules or regulations pertaining to congestion management systems 
or programs may constitute the congestion management system 
under this Act if the Secretary finds that the State laws, rules or 
regulations are consistent with, and fulfill the intent of, the pur-
poses of this section, section 134 or section 8 of such Act, as 
appropriate.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 1 of such 
title is amended by striking the item relating to section 135 and 
inserting the following: 
"135. Statewide planning.". 
SEC. 1026. NONDISCRIMINATION. 
(a) FUNDING OF HIGHWAY CONSTRUCTION TRAINING.—Subsection 
(b) of section 140 of title 23, United States Code, is amended by 
adding at the end the following new sentence: "Notwithstanding 
any other provision of law, not to exceed Vi of 1 percent of funds 
apportioned to a State for the surface transportation program under 
section 104(b) and the bridge program under section 144 may be 
available to carry out this subsection upon request of the State 
highway department to the Secretary.". 
(b) EUGIBIUTY FOR TRAINING PROGRAMS.—Subsections (b) and (c) 
of section 140 of such title are each amended by inserting "Indian 
tribal government," after "institution,". 
(c) INDIAN EMPLOYMENT PREFERENCE.—Section 140(d) of such title 
is amended by inserting after the first sentence the following new 
sentence: "States may implement a preference for employment of 
105 STAT. 1966 
PUBLIC LAW 102-240—DEC. 18, 1991 
Indians on projects carried out under this title near Indian reserva-
tions.". 
SEC. 1027. PUBLIC TRANSPORTATION. 
(a) IMPROVED ACCESS BETWEEN INTERCITY AND RURAL BUS SERV-
ICE.—Section 142(a)(2) of title 23, United States Code, is amended— 
(1) by striking ", beginning with the fiscal year ending June 
30,1975,"; 
(2) by striking "Federal-aid urban system," the first place it 
appears and inserting "the surface transportation program"; 
and 
(3) by striking "104(b)(6)" the first place it appears and all 
that follows through the period at the end and inserting 
"104(b)(3) for carrying out any capital transit project eligible for 
assistance under the Federal Transit Act, capital improvement 
to provide access and coordination between intercity and rural 
bus service, and construction of facilities to provide connections 
between highway transportation and other modes of transpor-
tation.". 
(b) ACCOMMODATION OF OTHER MODES.—Section 142(c) of such title 
is amended to read as follows: 
"(c) ACCOMMODATION OF OTHER MODES OF TRANSPORTATION.—The 
Secretary may approve as a project on any Federal-aid system for 
payment from sums apportioned under section 104(b) (other than 
section 104(b)(5)(A)) modifications to existing highway facilities on 
such system necessary to accommodate other modes of transpor-
tation if such modifications will not adversely affect automotive 
safety.". 
(c) METROPOLITAN PLANNING.—Section 142(d) of such title is 
amended to read as follows: 
"(d) METROPOLITAN PLANNING.—Any project carried out under 
this section in an urbanized area shall be subject to the metropolitan 
planning requirements of section 134.". 
(d) AvAiLABiuTY OF RIGHTS-OF-WAY.—Section 142(g) of such title is 
amended to read as follows: 
"(g) 
AVAILABILITY 
OF RIGHTS-OF-WAY.—In 
any 
case 
where 
sufficient land or air space exits within the publicly acquired rights-
of-way of any highway, constructed in whole or in part with Federal-
aid highway funds, to accommodate needed passenger, commuter, or 
high speed rail, magnetic levitation systems, and highway and 
nonhighway public mass transit facilities, the Secretary shall au-
thorize a State to make such lands, air space, and rights-of-way 
available with or without charge to a publicly or privately owned 
authority or company or any other person for such purposes if such 
accommodation will not adversely affect automotive safety.". 
^ 
(e) CONFORMING AMENDMENTS TO SECTION 142.—Section 142 of 
such title is amended— 
(1) in subsection (e)(2) by striking "Federal-aid urban system" 
and inserting "surface transportation program"; 
(2) by striking subsections (f) and (k); 
(3) by redesignating subsections (g), (h), (i), and (j) as subsec-
tions (f), (g), (h), and (i), respectively; 
(4) in subsection (g), as so redesignated, by striking "or subsec-
tion (c) of this section"; and 
(5) in each of subsections (h) and (i), as so redesignated, by 
striking "and subsection (c)". 
PUBLIC LAW 102-240--DEC. 18, 1991 
105 STAT. 1967 
(f) CONFORMING AMENDMENT TO SECTION 156.—Section 156 of such 
title is amended by striking "States shall" and inserting "Subject to 23 USC 156. 
section 142(f), States shall". 
SEC. 1028. BRIDGE PROGRAM. 
| 
(a) INVENTORY OF INDIAN RESERVATION AND PARK BRIDGES.—Sec-
tion 144(c) of title 23, United States Code, is amended by adding at 
the end the following new paragraph: 
"(3) INVENTORY OF INDIAN RESERVATION AND PARK BRIDGES.— 
As part of the activities carried out under paragraph (1), the 
Secretary, in consultation with the Secretary of the Interior, 
shall (A) inventory all those highway bridges on Indian reserva-
tion roads and park roads which are bridges over waterways, 
other topographical barriers, other highways, and railroads, (B) 
classify them according to serviceability, safety, and essentiality 
for public use, (C) based on the classification, assign each a 
priority for replacement or rehabilitation, and (D) determine 
the cost of replacing each such bridge with a comparable facility 
or of rehabilitating such bridge.". 
(b) BRIDGE STRUCTURE PAINTING AND ACETATE APPLICATION.— 
Section 144(d) of such title is amended— 
(1) by inserting after the first sentence the following new 
sentence: "Whenever any State makes application to the Sec-
retary for assistance in painting and seismic retrofit, or apply-
ing calcium magnesium acetate to, the structure of a highway 
bridge, the Secretary may approve Federal participation in the 
painting or seismic retrofit of, or application of such acetate to, 
such structure."; and 
(2) by inserting after "projects" the first place it appears in 
the last sentence the following: "(other than projects for bridge 
structure painting or seismic retrofit or application of such 
acetate)". 
(c) FEDERAL SHARE.—Section 144(f) of such title is amended by 
striking "highway bridge replaced or rehabilitated" and inserting 
"project". 
(d) DISCRETIONARY BRIDGE PROGRAM.—Section 144(g)(1) of such 
title is amended to read as follows: 
"(1) DISCRETIONARY BRIDGE PROGRAM.—Of the amounts 
au-
thorized for each of fiscal years 1992,1993,1994, 1995, 1996, and 
1997 by section 103 of the Intermodal Surface Transportation 
Efficiency Act of 1991, all but $57,000,000 in the case of fiscal 
year 1992, $68,000,000 in the case of fiscal years 1993 and 1994, 
and $69,000,000 in the case of fiscal years 1995, 1996, and 1997 
shall be apportioned as provided in subsection (e) of this section. 
$49,000,000 in the case of fiscal year 1992, $59,500,000 in the 
case of fiscal years 1993 and 1994, and $60,500,000 in the case of 
fiscal years 1995, 1996, and 1997 of the amount authorized for 
each of such fiscal years shall be available for obligation on the 
date of each such apportionment in the same manner and to the 
same extent as the sums apportioned on such date, except that 
the obligation of $49,000,000 in the case of fiscal year 1992, 
$59,500,000 in the case of fiscal years 1993 and 1994, and 
$60,500,000 in the case of fiscal years 1995, 1996, and 1997 shall 
be at the discretion of the Secretary, and $8,500,000 per fiscal 
year ($8,000,000 in the case of fiscal year 1992) of the amount 
authorized for each of such fiscal years shall be available in 
accordance with section 1039 of the Intermodal 
Surface 
105 STAT. 1968 
PUBLIC LAW 102-240—DEC. 18, 1991 
Transportation Efficiency Act of 1991, relating to highway 
timber bridges.". 
(e) OFF-SYSTEM BRIDGES.— 
23 use 144. 
(1) ALLOCATION OF FUNDS.—Section 144(g)(3) of such title is 
amended— 
(A) by striking "and 1991" and inserting "1991, 1992, 
1993,1994,1995,1996, and 1997"; and 
(B) by striking "or rehabilitate" and inserting ", rehabili-
tate, paint or seismic retrofit, or apply calcium magnesium 
acetate to". 
(2) APPUCABIUTY OF STATE STANDARDS FOR PROJECTS.—Section 
144 of such title is amended by redesignating subsection (p) as 
subsection (q) and by inserting after subsection (o) the following 
new subsection: 
"(p) APPUCABIUTY OF STATE STANDARDS FOR PROJECTS.—A project 
not on a Federal-aid highway under this section shall be designed, 
constructed, operated, and maintained in accordance with State 
laws, regulations, directives, safety standards, design standards, and 
construction standards.". 
(f) SET-ASIDE FOR INDIAN RESERVATION BRIDGES.—Section 144(g) of 
this title is amended by adding at the end the following new 
paragraph: 
"(4) INDIAN RESERVATION BRIDGES.—Not less than 1 percent of 
the amount apportioned to each State which has an Indian 
reservation within its boundaries for each fiscal year shall be 
expended for projects to replace, rehabilitate, paint, or apply 
calcium magnesium acetate to highway bridges located on 
Indian reservation roads. Upon determining a State bridge 
apportionment and before transferring funds to the States, the 
Secretary shall transfer the Indian reservation bridge allocation 
under this paragraph to the Secretary of the Interior for 
expenditure pursuant to this paragraph. The Secretary, after 
consultation with State and Indian tribal government officials 
and with the concurrence of the Secretary of the Interior, may, 
with respect to such State, reduce the requirement for expendi-
ture for bridges under this paragraph when the Secretary 
determines that there are inadequate needs to justify such 
expenditure. The non-Federal share payable on account of such 
a project may be provided from funds made available for Indian 
reservation roads under chapter 2 of this title.". 
(g) TRANSFERABILITY OF BRIDGE APPORTIONMENTS.—Section 104(g) 
of such title is amended by inserting before the last sentence the 
following new sentence: "A State may transfer not to exceed 40 
percent of the State's apportionment under section 144 in any fiscal 
year to the apportionment of such State under subsection (b)(1) or 
subsection (b)(3) of this section. Any transfer to subsection (b)(3) 
shall not be subject to section 133(d).". 
SEC. 1029. NATIONAL MAXIMUM SPEED LIMIT COMPLIANCE PROGRAM. 
(a) PERMANENT EXTENSION OF 65 MPH SPEED LIMIT DEMONSTRA-
TION PROGRAM.—Section 154(a) of title 23, United States Code, is 
amended by striking "Clause (3)" and inserting "Clause (4)" and by 
striking "or (3)" and inserting the following: "(3) a maximum speed 
limit in excess of 65 miles per hour on any highway within its 
jurisdiction located outside an urbanized area of 50,000 population 
or more (A) which is constructed to interstate standards in accord-
ance with section 109(b) of this title and connected to a highway on 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1969 
the Interstate System, (B) which is a divided 4-lane fully controlled 
access highway designed or constructed to connect to a highway on 
the Interstate System posted at 65 miles per hour and constructed to 
design and construction standards as determined by the Secretary 
which provide a facility adequate for a speed limit of 65 miles per 
hour, or (C) which is constructed to the geometric and construction 
standards adequate for current and probable future traffic demands 
and for the needs of the locality and is designated by the Secretary 
as part of the Interstate System in accordance with section 139(c) of 
this title, or (4)". 
(b) COLLECTION OF DATA.—Section 154(e) of such title is amended— 
(1) by striking "fifty-five miles per hour on public highways 
with speed limits posted at fifty-five miles per hour" and insert-
ing "the speed limit on maximum speed limit highways"; and 
(2) by adding at the end the following: "Such data shall 
include, but not be limited to, data on citations, travel speeds, 
and the posted speed limit and the design characteristics of 
roads from which such travel speed data are gathered. The 
Secretary shall issue regulations which ensure (1) that the 
monitoring programs conducted by the States to collect data for 
purposes of this subsection are uniform, (2) that devices and 
equipment under such programs are placed at locations on 
maximum speed limit highways on a scientifically random basis 
which takes into account the relative risk, as determined by the 
Secretary, of motor vehicle accidents occurring considering the 
classes of such highways and the speeds at which vehicles are 
traveling on such classes of highways, and (3) that the data 
submitted under this subsection will be in such form as the 
Secretary determines is necessary to carry out this section.". 
(c) ENFORCEMENT.— 
(1) PROPOSED RULE.—Not later than 1 year after the date of 
the enactment of this Act, the Secretary shall publish in the 
Feder^ Register a proposed rule to establish speed limit 
enforcement requirements which, at a minimum, shall— 
(A) provide for the transfer of apportionments under 
section 104(b) of title 23, United States Code (other than 
paragraph (5)), if a State fails to enforce speed limits in 
accordance with this section smd such rule; and 
(B) include a formula for determining compliance with 
the requirements of this section and such rule which— 
(i) assigns a greater weight for violations of such 
speed limits in proportion to the amount by which the 
speed of the motor vehicle exceeds the speed limit; and 
(ii) differentiates between the type of road on which 
the violations occur. 
(2) FACTORS TO CONSIDER.—In developing the compliance for-
mula in accordance with paragraph (1), the Secretary shall 
consider factors relating to the enforcement efforts made by the 
States and data concerning fatalities and serious injuries occur-
ring on roads to which subsection (a) applies and any other 
factors relating to speed limit enforcement and speed-related 
highway safety trends which the Secretary determines appro-
priate. 
(3) FINAL RULE.—Not later than 60 days after the date of 
publication of the proposed rule under paragraph (1), the Sec-
retary shall publish in the Federal Register a final rule which 
meets the requirements of paragraph (1) and which shall take 
23 u s e 154. 
Federal 
Register, 
publication. 
23 u s e 154 note. 
Federal 
Register, 
publication. 
105 STAT. 1970 
PUBLIC LAW 102-240—DEC. 18, 1991 
effect no later than 12 months after the date of its publication 
in the Federal Register. 
23 use 154 note. 
(d) ADMINISTRATION.—The Secretary shall carry out sections 154 
and 141(a) of title 23, United States Code, through the National 
Highway Traffic Safety Administration and the Federal Highway 
Administration. 
(e) ANNUAL REPORT.—Section 154 of title 23, United States Code, 
is amended by adding at the end the following new subsection: 
"(i) ANNUAL REPORT.—The Secretary shall transmit to Congress 
an annual report on travel speeds of motor vehicles on roads subject 
to subsection (a). State enforcement efforts with respect to speeding 
violations on such roads, and speed-related highway safety statis-
tics.". 
23 use 154 note. 
(f) ENFORCEMENT MORATORIUM.—No State shall be subject under 
section 141 or 154 of title 23, United States Code, to withholding of 
apportionments for failure to comply in fiscal years 1990 and 1991 
with section 154 of such title, as in effect on the day before the date 
of the enactment of this Act, or section 141(a) of such title. 
(g) REPEAL OF OBSOLETE ENFORCEMENT PROVISIONS.—On the 730th 
day following the date of the enactment of this Act, subsections (f), 
(g), and (h) of section 154 of title 23, United States Code, are 
repealed. 
SEC. 1030. ROAD SEALING ON INDIAN RESERVATION ROADS. 
Section 204(c) of title 23, United States Code, is amended by 
adding at the end the following new sentences: "Notwithstanding 
any other provision of this title, Indian reservation roads under the 
jurisdiction of the Bureau of Indian Affairs of the Department of the 
Interior shall be eligible to expend not more than 15 percent funds 
apportioned for Indian reservation roads from the Highway Trust 
Fund for the purpose of road sealing projects. The Bureau of Indian 
Affairs shall continue to retain responsibility, including annual 
funding request responsibility, for road maintenance programs on 
Indian reservations.". 
SEC. 1031. USE OF SAFETY BELTS AND MOTORCYCLE HELMETS. 
(a) PROGRAM.— 
(1) IN GENERAL,—Chapter 1 of title 23, United States Code, 
is amended by inserting after section 152 the following new 
section: 
"§ 153. Use of safety belts and motorcycle helmets 
"(a) AUTHORITY TO MAKE GRANTS.—The Secretary may make 
grants to a State in a fiscal year in accordance with this section if 
the State has in effect in such fiscal year— 
"(1) a law which makes unlawful throughout the State the 
operation of a motorcycle if any individual on the motorcycle is 
not wearing a motorcycle helmet; and 
"(2) a law which makes unlawful throughout the State the 
operation of a passenger vehicle whenever an individual in a 
front seat of the vehicle (other than a child who is secured in a 
child restraint system) does not have a safety belt properly 
fastened about the individual's body. 
"(b) USE OF GRANTS.—A grant made to a State under this section 
shall be used to adopt and implement a traffic safety program to 
carry out the following purposes: 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1971 
"(1) EDUCATION.—To educate the public about motorcycle and 
passenger vehicle safety and motorcycle helmet, safety belt, and 
child restraint system use and to involve public health edu-
cation agencies and other related agencies in these efforts. 
"(2) TRAINING.—To train law enforcement officers in the 
enforcement of State laws described in subsection (a). 
"(3) MONITORING.—To monitor the rate of compliance with 
State laws described in subsection (a). 
"(4) ENFORCEMENT.—To enforce State laws described in 
subsection (a). 
"(c) MAINTENANCE OF EFFORT.—A grant may not be made to a Contracts. 
State under this section in any fiscal year unless the State enters 
into such agreements with the Secretary as the Secretary may 
require to ensure that the State will maintain its aggregate expendi-
tures from all other sources for any traffic safety program described 
in subsection (b) at or above the average level of such expenditures 
in the State's 2 fiscsd years preceding the date of the enactment of 
this section. 
"(d) FEDERAL SHARE.—A State may not receive a grant under this 
section in more than 3 fiscal years. The Federal share payable for a 
grant under this section shall not exceed— 
"(1) in the first fiscal year the State receives a grant, 75 
percent of the cost of implementing in such fiscal year a traffic 
safety program described in subsection (b); 
"(2) in the second fiscal year the State receives a grant, 50 
percent of the cost of implementing in such fiscal year such 
traffic safety program; and 
"(3) in the third fiscal year the State receives a grant, 25 
percent of the cost of implementing in such fiscal year such 
traffic safety program. 
"(e) MAXIMUM AGGREGATE AMOUNT OF GRANTS.—The aggregate 
amount of grants made to a State under this section shall not exceed 
90 percent of the amount apportioned to such State for fiscal year 
1990 under section 402. 
"(f) EUGIBIUTY FOR GRANTS.— 
"(1) GENERAL RULE.—A State is eligible in a fiscal year for a 
grant under this section only if the State enters into such 
agreements with the Secretary as the Secretary may require to 
ensure that the State implements in such fiscal year a traffic 
safety program described in subsection (b). 
"(2) SECOND-YEAR GRANTS.—A State is eligible for a grant 
under this section in a fiscal year succeeding the first fiscal year 
in which a State receives a grant under this section only if the 
State in the preceding fiscal year— 
"(A) had in effect at all times a State law described in 
subsection (a)(1) and achieved a rate of compliance with 
such law of not less than 75 percent; and 
"(B) had in effect at all times a State law described in 
subsection (a)(2) and achieved a rate of compliance with 
such law of not less than 50 percent. 
"(3) THIRD-YEAR GRANTS.—A State is eligible for a grant under 
this section in a fiscal year succeeding the second fiscal year in 
which a State receives a grant under this section only if the 
State in the preceding fiscal year— 
"(A) had in effect at all times a State law described in 
subsection (aXD and achieved a rate of compliance with 
such law of not less than 85 percent; and 
105 STAT. 1972 
PUBLIC LAW 102-240—DEC. 18,1991 
"(B) had in effect at all times a State law described in 
V subsection (aX2) and achieved a rate of compliance with 
such law of not less than 70 percent. 
"(g) MEASUREMENTS OF RATES OF COMPUANCE.—For the purposes 
of subsections (fK2) and (fK3), a State shall measure compliance with 
State laws described in subsection (a) using methods which conform 
to guidelines issued by the Secretary ensuring that such measure-
ments are accurate and representative. 
"(h) PENALTY.— 
"(1) FISCAL YEAR 1994.—If, at any time in fiscal year 1994, a 
State does not have in effect a law described in subsection (a)(1) 
and a law described in subsection (a)(2), the Secretary shall 
transfer IVz percent of the funds apportioned to the State for 
fiscal year 1995 under each of subsections (bXD, (bX2), and (bX3) 
of section 104 of this title to the apportionment of the State 
under section 402 of this title. 
"(2) THEREAFTER.—If, at any time in a fiscal year beginning 
after September 30, 1994, a State does not have in effect a law 
described in subsection (aXD and a law described in subsection 
(aX2), the Secretary shall transfer 3 percent of the funds appor-
tioneid to the State for the succeeding fiscal year under each of 
subsections (bXD, (bX2), and (bX3) of section 104 of this title to 
the apportionment of the State under section 402 of this title. 
"(3) FEDERAL SHARE.—The Federal share of the cost of any 
project carried out under section 402 with funds transferred to 
the apportionment of section 402 shall be 100 percent. 
"(4) TRANSFER OF OBUGATION AUTHORITY.—If the Secretary 
transfers under this subsection any funds to the apportionment 
of a State under section 402 for a fiscal year, the Secretary shall 
allocate an amount of obligation authority distributed for such 
fiscal year to the State for Federal-aid highways and highway 
/ safety construction programs for carrying out only projects 
under section 402 which is determined by multiplying— 
"(A) the amount of funds transferred to the apportion-
ment of section 402 of the State under section 402 for such 
fiscal year; by 
"(B) the ratio of the amount of obligation authority 
distributed for such fiscal year to the State for Federal-aid 
highways and highway safety construction programs to the 
total of the sums apportioned to the State for Federal-aid 
highways and highway safety construction (excluding sums 
not subject to any obligation limitation) for such fiscal year. 
"(5) LIMITATION ON APPUCABIUTY OF HIGHWAY SAFETY OBUGA-
TiONS.—Notwithstanding any other provision of law, no limita-
tion on the total of obligations for highway safety programs 
carried out by the Federal Highway Administration under sec-
tion 402 shall apply to funds transferred under this subsection 
to the apportionment of section 402. 
"(i) DEFINITIONS.—For the purposes of this section, the following 
definitions apply: 
"(1) MOTORCYCLE.—The term 'motorcycle' means a motor ve-
hicle which is designed to travel on not more than 3 wheels in 
contact with the surface. 
"(2) MOTOR VEHICLE.—The term 'motor vehicle' has the mean-
ing such term has under section 154 of this title. 
"(3) PASSENGER VEHICLE.—The term 'passenger vehicle' means 
a motor vehicle which is designed for transporting 10 individ-
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1973 
uals or less, including the driver, except that such term does not 
include a vehicle which is constructed on a truck chassis, a 
motorcycle, a trailer, or any motor vehicle which is not required 
on the date of the enactment of this section under a Federal 
motor vehicle safety standard to be equipped with a belt system, 
"(4) SAFETY BELT.—The term 'safety belt' means— 
"(A) with respect to open-body psissenger vehicles, includ-
ing convertibles, an occupant restraint system consisting of 
a lap belt or a lap belt and a detachable shoulder belt; and 
"(B) with respect to other passenger vehicles, an occupant 
restraint system consisting of integrated lap shoulder belts, 
"(j) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account) to carry out this section $17,000,000 for fiscal year 
1992. From sums made available to carry out section 402 of this title, 
the Secretarv shall make available $17,000,000 for fiscal year 1992 
and $24,000,000 for each of fiscal years 1993 and 1994 to carry out 
this section. 
"(k) APPUCABIUTY OF CHAPTER 1 PROVISIONS.—All provisions of 
this chapter that are applicable to National Highway System funds, 
other than provisions relating to the apportionment formula and 
provisions limiting the expenditures of such funds to Federal-aid 
systems, shall apply to funds authorized to be appropriated to carry 
out this section, except as determined by the Secretary to be 
inconsistent with this section and except that sums authorized by 
this section shall remain available until expended.". 
(2) CONFORMING AMENDMENT.—The analysis for chapter 1 of 
such title is amended by inserting after the item relating to 
section 152 the following new item: 
"153. Use of safety belts and motorcycle helmets.". 
(b) STUDY.— 
23 use 153 note. 
(1) IN GENERAL.—The Secretary shall conduct a study or 
studies to determine the benefits of safety belt use and motor-
cycle helmet use for individuals involved in motor vehicle 
crashes and motorcycle crashes, collecting and analyzing data 
from regional trauma systems regarding differences in the fol-
lowing: the severity of injuries; acute, rehabilitative and long-
term medical costs, including the sources of reimbursement and 
the extent to which these sources cover actual costs; govern-
ment, employer, and other costs; and mortality and morbidity 
outcomes. The study shall cover a representative period after 
January 1,1990. 
(2) REPORT.—The Secretary shall make public a proposed ?"^Ji^, 
report on the results of the study or studies conducted under 
" 
this subsection, provide a period of 90 days for public comment 
on such report, consider such comments, and transmit to Con-
gress a report on the results of such study or studies, together 
with a summary of such comments, not later than 40 months 
after the funds for such study are made available by the Sec-
retary. 
(3) FUNDING.—Of the amounts authorized to be appropriated 
for fiscal year 1992 or 1993 (or both) to carry out section 153 of 
title 23, United States Code, the Secretary shall make available 
$5,000,000 in the aggregate in such fiscal years to carry out this 
subsection. Such funds shall remain available until expended. 
information. 
105 STAT. 1974 
PUBLIC LAW 102-240—DEC. 18, 1991 
SEC. 1032. FEDERAL LANDS HIGHWAYS PROGRAM. 
(a) ALLOCATIONS.—Section 202 of title 23, United States Code, is 
amended— 
(1) by striking subsection (a); 
(2) by redesignating subsections (b), (c), (d), and (e) as subsec-
tions (a), (b), (c), and (d), respectively; 
(3) by inserting after "allocate" in subsection (b), as so redesig-
nated, "34 percent of; and 
(4) by striking the period at the end of subsection (b), as so 
redesignated, and inserting the following: "which are proposed 
by a State which contains at least 3 percent of the total public 
lands in the Nation. The Secretary shall allocate 66 percent of 
the remainder of the authorization for public lands highways 
for each fiscal year as is provided in section 134 of the Federal-
Aid Highway Act of 1987, and with respect to these allocations 
the Secretary shall give equal consideration to projects that 
provide access to and within the National Forest System, as 
identified by the Secretary of Agriculture through renewable 
resources and land use planning and the impact of such plan-
ning on existing transportation facilities.". 
(b) PROJECTS.—Section 204 of such title is amended— 
(1) in subsection (a) by striking "forest highways," and by 
adding at the end of such subsection the following new sen-
tences: "The Secretary, in cooperation with the Secretary of the 
Interior and the Secretary of Agriculture, shall develop appro-
priate transportation planning procedures and safety, bridge, 
and pavement management systems for roads funded under the 
Federal Lands Highway Program. Notwithstanding any other 
provision of this title, no public lands highway project may be 
undertaken in any State pursuant to this section unless the 
State concurs in the selection and planning of the project."; 
(2) in subsection (b)— 
(A) by striking "construction and improvements thereof 
and 
inserting 
"planning, 
research, 
engineering 
and 
construction thereof; 
(B) by striking "forest highways and"; and 
(C) by adding at the end the following new sentence: 
"Funds available for each class of Federal lands highways 
shall be available for any kind of transportation project 
eligible for assistance under this title that is within or 
adjacent to or provides access to the areas served by the 
particular class of Federal lands highways."; 
(3) in subsection (c) by striking "on a Federal-aid system" and 
inserting "eligible for funds apportioned under section 104 or 
section 144 of this title"; and 
(4) by striking subsection (h) and inserting the following new 
subsections: 
"(h) ELIGIBLE PROJECTS.—Funds available for each class of Federal 
lands highways may be available for the following: 
"(1) Transportation planning for tourism and recreational 
travel including the National Forest Scenic Byways Program, 
Bureau of Land Management Back Country B5rways Program, 
National Trail System Program, and other similar Federal 
programs that benefit recreational development. 
"(2) Adjacent vehicular parking areas. 
"(3) Interpretive signage. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1975 
"(4) Acquisition of necessary scenic easements and scenic or 
historic sites. 
"(5) Provision for pedestrians and bicycles. 
"(6) Construction and reconstruction of roadside rest areas 
including sanitary and water facilities. 
"(7) Other appropriate public road facilities such as visitor 
centers as determined by the Secretary. 
"(i) TRANSFERS TO SECRETARY OF THE INTERIOR.—The Secretary 
shall transfer to the Secretary of the Interior from the appropriation 
for public land highways amounts as may be needed to cover 
necessary administrative costs of the Bureau of Land Management 
in connection with public lands highways. 
"(j) INDIAN RESERVATION ROADS PLANNING.—Up to 2 percent of 
funds made available for Indian reservation roads for each fiscal 
year shall be allocated to those Indian tribal governments applying 
for transportation planning pursuant to the provisions of the Indian 
Self-Determination and Bklucation Assistance Act. The Indian tribal 
government, in cooperation with the Secretary of the Interior, and, 
as may be appropriate, with a State, local government, or metropoli-
tan planning organization, shall develop a transportation improve-
ment program, that includes all Indian reservation road projects 
proposed for funding. Projects shall be selected by the Indian tribal 
government from the transportation improvement program and 
shall be subject to the approval of the Secretary of the Interior and 
the Secretary.". 
(c) FOREST DEVELOPMENT ROADS AND TRAILS.—Section 205(c) of 
such title is amended by striking "$15,000" each place it appears 23 USC 205. 
and inserting "$50,000". 
(d) INDIAN RESERVATION ROADS.—Notwithstanding any other 23 USC 202 note, 
provision of law, funds allocated for Indian reservation roads may be 
used for the purpose of funding road projects on roads of tribally 
controlled postsecondary vocational institutions. 
(e) REPORT.—The Secretary shall undertake a study to determine 23 USC 202 note, 
if the method for allocating funds authorized for Federal lands 
highways is adequate to meet the relative transportation needs of 
the Federal lands served. The report shall be submitted within 2 
years of the date of the enactment of this Act. 
(f) CONFORMING AMENDMENTS.—Section 203 of title 23, United 
States Code, is amended by striking "forest highways" each place it 
appears. 
SEC. 1033. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS. 
Section 217 of title 23, United States Code, is amended to read as 
follows: 
"§ 217. Bicycle transportation and pedestrian walkways 
"(a) USE OF S T P AND CONGESTION MITIGATION PROGRAM FUNDS.— 
Subject to project approval by the Secretary, a State may obligate 
funds apportioned to it under sections 10403)(2) and 104(b)(3) of this 
title for construction of pedestrian walkways and bicycle transpor-
tation facilities and for carrying out nonconstruction projects re-
lated to safe bicycle use. 
_ -
"(b) USE OF NATIONAL HIGHWAY SYSTEM FUNDS.—Subject to 
project approval by the Secretary, a State may obligate funds appor-
tioned to it under section 104(bXl) of this title for construction of 
bicycle transportation facilities on land adjacent to any highway on 
the National Highway System (other than the Interstate System). 
105 STAT. 1976 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(c) USE OF FEDERAL LANDS HIGHWAY FUNDS.—Funds authorized 
for forest highways, forest development roads and trails, public 
lands development roads and trails, park roads, parkways, Indian 
reservation roads, and public lands highways shall be available, at 
the discretion of the department charged with the administration of 
such funds, for the construction of pedestrian walkways and bicycle 
transportation facilities in conjunction with such trails, roads, high-
ways, and parkways. 
"(d) STATE BICYCLE AND PEDESTRIAN COORDINATORS.—Each State 
receiving an apportionment under sections 104(b)(2) and 104(b)(3) of 
this title shall use such amount of the apportionment as may be 
necessary to fund in the State department of transportation a 
position of bicycle and pedestrian coordinator for promoting and 
facilitating the increased use of nonmotorized modes of transpor-
tation, including developing facilities for the use of pedestrians and 
bicyclists and public education, promotional, and safety programs 
for using such facilities. 
"(e) BRIDGES.—In any case where a highway bridge deck being 
replaced or rehabilitated with Federal financial participation is 
located on a highway, other than a highway access to which is fully 
controlled, on which bicycles are permitted to operate at each end of 
such bridge, and the Secretary determines that the safe accommoda-
tion of bicycles can be provided at reasonable cost as part of such 
replacement or rehabilitation, then such bridge shall be so replaced 
or rehabilitated as to provide such safe accommodations. 
"(f) FEDERAL SHARE.—For all purposes of this title, construction of 
a pedestrian walkway and a bicycle transportation facility shall be 
deemed to be a highway project and the Federal share payable on 
account of such construction shall be 80 percent. 
"(g) PLANNING.—Pedestrian walkways and bicycle transportation 
facilities to be constructed under this section shall be located and 
designed pursuant to an overall plan to be developed by each 
metropolitan planning organization and State and incorporated into 
their comprehensive annual long-range plans in accordance with 
sections 134 and 135 of this title, respectively. Such plans shall 
provide due consideration for safety and contiguous routes. 
"(h) USE OF MOTORIZED VEHICLES.—No motorized vehicles shall be 
permitted on trails and pedestrian walkways under this section, 
except for— 
"(1) maintenance purposes; 
"(2) when snow conditions and State or local regulations 
permit, snowmobiles; 
"(3) when State and local regulations permit, motorized 
wheelchairs; and 
"(4) such other circumstances as the Secretary deems appro-
priate. 
"(i) TRANSPORTATION PURPOSE.—No bicycle project may be carried 
out under this section unless the Secretary has determined that 
such bicycle project will be principally for transportation, rather 
than recreation, purposes. 
"(j) BICYCLE TRANSPORTATION FACILITY DEFINED.—For purposes of 
this section, a 'bicycle transportation facility' means new or im-
proved lanes, paths, or shoulders for use by bicyclists, traffic control 
devices, shelters, and parking facilities for bicycles.". 
PUBLIC LAW 102-240—DEC. 18,1991 
105 STAT. 1977 
SEC. 1034. MANAGEMENT SYSTEMS. 
(a) IN GENERAL.—Chapter 3 of title 23, United States Code, is 
amended by inserting after section 302 the following new section: 
*
*
§ 303. Management systems 
"(a) REGULATIONS.—Not later than 1 year after the date of the 
enactment of this section, the Secretary shall issue regulations for 
State development, establishment, and implementation of a system 
for managing each of the following: 
"(1) Highway pavement of Federal-aid highways. 
"(2) Bridges on and off Federal-aid highways. 
;? 
"(3) Highway safety. 
"(4) Traffic congestion. 
"(5) Public transportation facilities and equipment. 
"(6) Intermodal transportation facilities and systems. 
In metropolitan areas, such systems shall be developed and imple-
mented in cooperation with metropolitan planning organizations. 
Such regulations may include a compliance schedule for develop-
ment, establishment, and implementation of each such system and 
minimum standards for each such system. 
"(b) TRAFFIC MONITORING.—Not later than 1 year after the date of 
the enactment of this section, the Secretary shall issue guidelines 
and requirements for the State development, establishment, and 
implementation of a traffic monitoring system for highways and 
public transportation facilities and equipment. 
"(c) STATE REQUIREMENTS.—The Secretary may withhold up to 10 
percent of the funds apportioned under thiis title and under the 
Federal Transit Act for any fiscal year beginning after September 
30,1995, to any State and any recipient of assistance under such Act 
in the State unless, in the preceding fiscal year, the State was 
implementing each of the management systems described in subsec-
tion (a) and, before January 1 of the preceding fiscal year, the State 
certified, in writing, to the Secretary, that the State was implement-
ing each of such management systems in the preceding fiscal year. 
"(d) PROCEDURAL REQUIREMENTS.—In developing and implement-
ing a management system under this section, each State shall 
cooperate with metropolitan planning organizations for urbanized 
areas of the State and affected agencies receiving assistance under 
the Federal Transit Act and shall consider the results of the 
management systems in making project selection decisions under 
this title and under such Act. 
"(e) INTERMODAL REQUIREMENTS.—The management system re-
quired under this section for intermodal transportation facilities 
and systems shall provide for improvement and integration of all of 
a State's transportation systems and shall include methods of 
achieving the optimum 5deld from such systems, methods for 
increasing productivity in the State, methods for increasing use of 
advanced technologies, and methods to encourage the use of innova-
tive marketing techniques, such as just-in-time deliveries. 
"(f) ANNUAL REPORT.—Not later than January 1 of each calendar 
year beginning after December 31, 1992, the Secretary shall trans-
mit to Congress a report on the progress being made by the Sec-
retary and the States in carrying out this section. 
"(g) FUNDING.—Subject to project approval by the Secretary, a 
State may obligate funds apportioned after September 30, 1991, 
under subsections (bXD, (bX2), and (bX3) of section 104 of this title for 
105 STAT. 1978 
PUBLIC LAW 102-240—DEC. 18, 1991 
developing and establishing management systems required by this 
section and funds apportioned under section 144 of this title for 
developing and establishing the bridge management system re-
quired by this section. 
"(h) REVIEW OF REGULATIONS.—Not later than 10 days after the 
date of issuance of any regulation under this section, the Secretarv 
shall transmit a copy of such regulation to Congress for review.'. 
(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of such 
title is amended by inserting after the item relating to section 302 
the following new item: 
"303. Management systems.". 
SEC. 1035. LIMITATION ON DISCOVERY OF CERTAIN REPORTS AND SUR-
VEYS. 
(a) IN GENERAL.—Section 409 of title 23, United States Code, is 
amended— 
(1) by striking the section heading and inserting the following: 
"§ 409. Discovery and admission as evidence of certain reports and 
surveys"; and 
(2) by striking "admitted into evidence in Federal or State 
court" and inserting "subject to discovery or admitted into 
evidence in a Federal or State court proceeding". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 4 of such 
title is amended by striking the item relating to section 409 and 
inserting the following: 
"409. Discovery «ind admission as evidence of certain reports and surveys.". 
Science and 
SEC. 1036. NATIONAL HIGH-SPEED GROUND TRANSPORTATION PRO-
technology. 
GRAMS. 
(a) DECLARATION OF POUCY.—Section 302 of title 49, United States 
Code, is amended by adding at the end the following new subsection: 
"(dXD It is the policy of the United States to promote the construc-
tion and commercialization of high-speed ground transportation 
systems by— 
"(A) conducting economic and technological research; 
"(B) demonstrating advancements in high-speed ground 
transportation technologies; 
"(C) establishing a comprehensive policy for the development 
of such systems and the effective integration of the various 
high-speed ground transportation technologies; and 
(D) minimizing the long-term risks of investors. 
"(2) It is the policy of the United States to establish in the shortest 
time practicable a United States designed and constructed magnetic 
levitation transportation technology capable of operating along Fed-
eral-aid highway rights-of-way, as part of a national transportation 
system of the United States.". 
49 u s e 309 note. 
(b) NATIONAL MAGNETIC LEVITATION PROTOTYPE DEVELOPMENT 
PROGRAM.— 
(1) MANAGEMENT OF PROGRAM.—There is hereby established a 
national magnetic levitation prototype development program to 
be managed by a program director appointed jointly by the 
Secretary and the Assistant Secretary of the Army for Civil 
Works (hereinafter in this subsection referred to as the "Assist-
ant Secretary"). To carry out such program, the Secretary and 
the Assistant Secretary shall establish a national maglev joint 
project office (hereinafter in this subsection referred to as the 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1979 
"Maglev Project Office"), which shall be headed by the program 
director, and shall enter into such arrangements as may be 
necessary for funding, staffing, office space, and other require-
ments that will allow the Maglev Project Office to carry out its 
functions. In carrjdng out such program, the program director 
shall consult with appropriate Federal officials, including the 
Secretary of Energy and the Administrator of the Environ-
mental Protection Agency. 
(2) PHASE ONE CONTRACTS.— 
(A) REQUEST FOR PROPOSALS.—Not later than 12 months 
after the date of the enactment of this Act, the Maglev 
Project Office shall release a request for proposals for 
development of conceptual designs for a maglev system and 
for research to facilitate the development of such concep-
tual designs. 
(B) AWARD OF CONTRACTS.—Not later than 15 months 
after the date of the enactment of this Act, the Secretary 
£md the Assistant Secretary shall, based on the rec-
ommendations of the program director, award 1-year con-
tracts for research and development to no fewer than 5 
eligible applicants. If fewer than 5 complete applications 
have been received, contracts shall be awarded to as many 
eligible applicants as is practical. 
(C) FACTORS AND CONDITIONS TO BE CONSIDERED.—The Sec- Reports, 
retary and the Assistant Secretary may approve contracts 
under subparagraph (B) only after consideration of factors 
relating to the construction and operation of a magnetic 
levitation system, including the cost-effectiveness, ease of 
maintenance, safety, limited environmental impact, ability 
to achieve sustained high speeds, ability to operate along 
the Interstate highway rights-of-way, the potential for the 
guideway design to be a national standard, the applicant's 
resources, capabilities, and history of successfully designing 
and developing systems of similar complexity, and the 
desirability of geographic diversity among contractors and 
only if the applicant agrees to submit a report to the 
Maglev Project Office detailing the results of the research 
and development and agrees to provide for matching of the 
phase one contract at a 90 percent Federal, 10 percent non-
Federal, cost share. 
(3) PHASE TWO CONTRACTS.—Within 3 months of receiving the 
final reports of contract activities under paragraph (2), and 
based only on such reports and the recommendations of the 
program director, the Secretary and the Assistant Secretary 
shall select not more than 3 eligible applicants from among the 
contract recipients submitting reports under paragraph (2) to 
receive 18-month contracts for research and development lead-
ing to a detailed design for a prototype maglev system. The 
Secretary and the Assistant Secretary may only award con-
tracts under this paragraph i
f
— 
(A) they determine that the applicant has demonstrated 
technical merit for the conceptual design and the potential 
for further development of such design into an operational 
prototype as described in paragraph (4), 
(B) the applicant agrees to submit the detailed design 
within such 18-month period to the Maglev Project Office 
and the selection committee described in paragraph (4), and 
105 STAT. 1980 
PUBLIC LAW 102-240—DEC. 18, 1991 
Reports. 
(C) the applicant agrees to provide for matching of the 
phase two contract at an 80 percent Federal, 20 percent 
non-Federal, cost share. 
(4) PROTOTYPE.— 
(A) SELECTION OF DESIGN.—Within 6 months of receiving 
the detailed designs developed under paragraph (3), the 
Secretary and the Assistant Secretary shall, based on the 
recommendations of the selection committee described in 
this subparagraph, select 1 design for development into a 
full-scale prototype, unless the Secretary and the Assistant 
Secretary determine jointly that no design shall be selected, 
based on an assessment of technical feasibility and pro-
jected cost of construction and operation of the protot5rpe. A 
selection committee of 8 members, consisting of— 
(i) 1 member to be appointed by the Secretary, 
(ii) 1 member to be appointed by the Assistant Sec-
retary, 
(iii) 3 members to be appointed by the Senate major-
ity and minority leaders, and 
(iv) 3 members to be appointed by the Speaker of the 
House and the minority leader of the House, 
shall be appointed not later than 1 year following the 
award of contracts under paragraph (3). The selection 
committee, within 3 months of receiving the detailed de-
signs developed under paragraph (3), shall make a rec-
ommendation to the Secretary and the Assistant Secretary 
as to the best protot5rpe design or the unsuitability of any 
design. The program director shall provide technical re-
views of the phase two contract reports to the selection 
committee and otherwise provide any technical assistance 
that the committee requires to assist it in making a rec-
ommendation. In the event that the Secretary and the 
Assistant Secretary determine jointly not to select a design 
for development under this subsection, they shall report to 
Congress on the basis for such determination, together with 
recommendations for future action, including further re-
search, development, or design, termination of the program, 
or such other action as may be appropriate. 
(B) AWARD OF CONSTRUCTION GRANT OR CONTRACT.— 
Unless the Secretary and the Assistant Secretary deter-
mine not to proceed pursuant to subparagraph (A), they 
shall, not later than 3 months after selection of a design for 
development into a full-scale prototype, and based on the 
recommendations of the program director, award 1 
construction grant or contract to the applicant whose de-
tailed design was selected under subparagraph (A) for the 
purpose of constructing a prototype maglev system in 
accordance with the selected design. Not more than 75 
percent of the cost of the project shall be borne by the 
United States. 
(C) FACTORS TO BE CONSIDERED IN SELECTION.—Selection of 
the detailed design under this paragraph shall be based on 
consideration of the following factors, among others: 
(i) The project shall be capable of utilizing Interstate 
highway rights-of-way along or above a significant por-
tion of its route, and may also use railroad rights-of-
way along or above any portion of the railroad route. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1981 
' 
(ii) The total length of guideway shall be at least 19 
miles and allow significant full-speed operations be-
tween stops. 
(iii) The project shall be constructed and ready for 
operational testing within 3 years after the award of 
the contract or grant. 
(iv) The project shall provide for the conversion of the 
prototype to commercial operation after testing and 
technical evaluation is completed. 
(v) The project shall be located in an area that pro-
vides a potential ridership base for future commercial 
operation. 
(vi) The project shall utilize a technology capable of 
being applied in commercial service in most parts of 
the contiguous United States, 
(vii) The project shall have at least 1 switch, 
(viii) The project shall be intermodal in nature 
connecting a major metropolitan area with an airport, 
port, passenger rail station, or other transportation 
mode. 
(D) ADDITIONAL FACTORS FOR CONSIDERATION.—In award-
ing a grant or contract under this paragraph, the Secretary 
shall encourage the development of domestic manufactur-
ing capabilities. In selecting among eligible applicants, the 
Secretary shall consider existing railroads and equipment 
manufacturers with excess production capacity, including 
railroads that have experience in advanced technologies 
(including self-propelled cars). 
(5) LICENSING.— 
(A) PROPRIETARY RIGHTS.—No trade secrets or commercial 
or financial information that is privileged or confidential, 
under the meaning of section 552(b)(4) of title 5, United 
States Code, which is obtained from a United States busi-
ness, research, or education entity as a result of activities 
under this subsection shall be disclosed. 
(B) COMMERCIAL INFORMATION.—The research, develop-
ment, and use of any technology developed pursuant to an 
agreement reached pursuant to this subsection, including 
the terms under which any technology may be licensed and 
the resulting royalties may be distributed, shall be subject 
to the provisions of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3701-3714). In addition, 
the Secretary and the Assistant Secretary may require any 
grant or contract recipient to assure that research and 
development be performed substantially in the United 
States and that the products embodying the inventions 
made under any agreement pursuant to this subsection or 
produced through the use of such inventions be manufac-
tured substantially in the United States. 
(6) REPORTS.—The Secretary and the Assistant Secretary shall 
provide periodic reports to Congress on progress made under 
this subsection. 
(7) EuGiBLE APPUCANT DEFINED.—For purposes of this subsec-
tion, the term "eligible applicant" means a United States pri-
vate business. United States public or private education and 
research organization. Federal laboratory, or a consortium of 
such businesses, organizations, and laboratories. 
Business and 
industry. 
Confidential 
information. 
105 STAT. 1982 
PUBLIC LAW 102-240—DEC. 18, 1991 
(c) TECHNOLOGY DEMONSTRATION PROGRAM; RESEARCH AND DEVEL-
OPMENT PROGRAM.— 
(1) IN GENERAL.—Subchapter I of chapter 3 of title 49, United 
States Code, is amended by adding at the end the following new 
section: 
"§ 309. High-speed ground transportation 
"(a) The Secretary of Transportation, in consultation with the 
Secretaries of Commerce, Energy, and Defense, the Administrator of 
the Environmental Protection Agency, the Assistant Secretary of 
the Army for Public Works, and the heads of other interested 
agencies, shall lead and coordinate Federal efforts in the research 
and development of high-speed ground transportation technologies 
in order to foster the implementation of magnetic levitation and 
high-speed steel wheel on rail transportation systems as alternatives 
to existing transportation systems. 
"(b)(1) The Secretary may award contracts and grants for dem-
onstrations to determine the contributions that high-speed ground 
transportation could make to more efficient, safe, and economical 
intercity transportation systems. Such demonstrations shall be de-
signed to measure and evaluate such factors as the public response 
to new equipment, higher speeds, variations in fares, improved 
comfort and convenience, and more frequent service. In connection 
with grants and contracts for demonstrations under this section, the 
Secretary shall provide for financial participation by private indus-
try to the maximum extent practicable. 
"(2)(A) In connection with the authority provided under para-
graph (1), there is established a national high-speed ground 
transportation technology demonstration program, which shall be 
separate from the national magnetic levitation prototype develop-
ment program established under section 1036(b) of the Intermodal 
Surface Transportation Efficiency Act of 1991 and shall be managed 
by the Secretary of Transportation. 
"(B)(i) Any eligible applicant may submit to the Secretary a 
proposal for demonstration of any advancement in a high-speed 
ground transportation technology or technologies to be incorporated 
as a component, subsystem, or system in any revenue service high-
speed ground transportation project or system under construction or 
in operation at the time the application is made. 
Grants. 
"(ii) Grants or contracts shall be awarded only to eligible ap-
Contracts. 
plicants showing demonstrable benefit to the research and develop-
ment, design, construction, or ultimate operation of any maglev 
technology or high-speed steel wheel on rail technology. Criteria to 
be considered in evaluating the suitability of a proposal under this 
paragraph shall include— 
"(I) feasibility of guideway or track design and construction; 
"(II) safety and reliability; 
"(III) impact on the environment in comparison to other high-
speed ground transportation technologies; 
"(IV) minimization of land use; 
"(V) effect on human factors related to high-speed ground 
transportation; 
"(VI) energy and power consumption and cost; 
"(VII) integration of high-speed ground transportation sys-
tems with other modes of transportation; 
"(VIII) actual and projected ridership; and 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1983 
"(IX) design of signaling, communications, and control 
systems. 
"(C) For the purposes of this paragraph, the term 'eligible 
applicant' means any United States private business. State govern-
ment, local government, organization of State or local government, 
or any combination thereof. The term does not include any business 
owned in whole or in part by the Federal Government. 
"(D) The amount and distribution of grants or contracts made 
under this paragraph shall be determined by the Secretary. No 
grant or contract may be awarded under this paragraph to dem-
onstrate a technology to be incorporated into a project or system 
located in a State that prohibits under State law the expenditure of 
non-Federal public funds or revenues on the construction or oper-
ation of such project or system. 
"(E) Recipients of grants or contracts made pursuant to this Reports, 
paragraph shall agree to submit a report to the Secretary detailing 
the results and benefits of the technology demonstration proposed, 
as required by the Secretary. 
"(c)(1) In carrying out the responsibilities of the Secretary under 
this section, the Secretary is authorized to enter into 1 or more 
cooperative research and development agreements (as defined by 
section 12 of the Stevenson-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3710a)), and 1 or more funding agreements (as 
defined by section 201(b) of title 35, United States Code), with United 
States companies for the purpose of— 
"(A) conducting research to overcome technical and other 
barriers to the development and construction of practicable 
high-speed ground transportation systems and to help advance 
the basic generic technologies needed for these systems; and 
"(B) transferring the research and basic generic technologies 
described in subparagraph (A) to industry in order to help 
create a viable commercial high-speed ground transportation 
industry within the United States. 
"(2) In a cooperative agreement or funding agreement under 
paragraph (1), the Secretary may agree to provide not more than 80 
percent of the cost of any project under the agreement. Not less than 
5 percent of the non-Federal entity's share of the cost of any such 
project shall be paid in cash. 
"(3) The research, development, or utilization of any technology 
pursuant to a cooperative agreement under paragraph (1), including 
the terms under which such technology may be licensed and the 
resulting royalties may be distributed, shall be subject to the provi-
sions of the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3701 et seq.). 
"(4) The research, development, or utilization of any technology 
pursuant to a funding agreement under paragraph (1), including the 
determination of all licensing and ownership rights, shall be subject 
to the provisions of chapter 18 of title 35, United States Code. 
"(5) At the conclusion of fiscal year 1993 and again at the conclu- Reports, 
sion of fiscal year 1996, the Secretary shall submit reports to 
Congress regarding research and technology transfer activities con-
ducted pursuant to the authorization contained in paragraph (1). 
"(d)(1) Not later than June 1, 1995, the Secretary shall complete 
and submit to Congress a study of the commercial feasibility of 
constructing 1 or more high-speed ground transportation systems in 
the United States. Such study shall consist of— 
"(A) an economic and financial analysis; 
105 STAT. 1984 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(B) a technical assessment; and 
"(C) recommendations for model legislation for State and 
local governments to facilitate construction of high-speed 
ground transportation systems. 
"(2) The economic and financial analysis referred to in paragraph 
(IXA) shall include— 
"(A) an examination of the potential market for a nationwide 
high-speed ground transportation network, including a national 
magnetic levitation ground transportation system; 
"(B) an examination of the potential markets for short-haul 
i high-speed ground transportation systems and for intercity and 
long-haul high-speed ground transportation systems, including 
an assessment of— 
"(i) the current transportation practices and trends in 
each market; and 
"(ii) the extent to which high-speed ground transpor-
tation systems would relieve the current or anticipated 
congestion on other modes of transportation; 
"(C) projections of the costs of designing, constructing, and 
operating high-speed ground transportation systems, the extent 
to which such systems can recover their costs (including capital 
costs), and the alternative methods available for private and 
public financing; 
"(D) the availability of rijghts-of-way to serve each market, 
including the extent to which average and maximum speeds 
would be limited by the curvature of existing rights-of-way and 
the prospect of increasing speeds through the acquisition of 
additional 
rights-of-way 
without 
significant 
relocation of 
residential, commercial, or industrial facilities; 
"(E) a comparison of the projected costs of the various 
competing high-speed ground transportation technologies; 
"(F) recommendations for funding mechanisms, tax incen-
tives, liability provisions, and changes in statutes and regula-
tions necessary to facilitate the development of individual 
high-speed ground transportation systems and the completion of 
a nationwide high-speed ground transportation network; 
"(G) an examination of the effect of the construction and 
operation of high-speed ground transportation systems on re-
gional employment and economic growth; 
"(H) recommendations for the roles appropriate for local, 
regional, and State governments to facilitate construction of 
high-speed ground transportation systems, including the roles of 
regional economic development authorities; 
(I) an assessment of the potential for a high-speed ground 
transportation technology export market; 
"(J) recommendations regarding the coordination and cen-
tralization of Federal efforts relating to high-speed ground 
transportation; 
"(K) an examination of the role of the National Railroad 
Passenger Corporation in the development and operation of 
high-speed ground transportation systems; and 
(L) any other economic or financial analyses the Secretary 
considers important for carrying out this section. 
"(3) The technical assessment referred to in paragraph (IXB) shall 
include— 
"(A) an examination of the various technologies developed for 
use in the transportation of passengers by high-speed ground 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1985 
transportation, including a comparison of the safety (including 
dangers associated with grade crossings), energy efficiency, 
operational efficiencies, and environmental impacts of each 
system; 
"(B) an examination of the potential role of a United States 
designed maglev system, developed as a prototype under section 
1036(b) of the Intermodal Surface Transportation Efficiency Act 
of 1991, in relation to the implementation of other high-speed 
ground transportation technologies and the national transpor-
tation system; 
"(C) an examination of the work being done to establish safety 
standards for high-speed ground transportation as a result of 
the enactment of section 7 of the Rail Safety Improvement Act 
of 1988; 
"(D) an examination of the need to establish appropriate 
technological, quality, and environmental standards for high-
speed ground transportation systems; 
"(E) an examination of the significant unresolved technical 
issues surrounding the design, engineering, construction, and 
operation of high-speed ground transportation systems, includ-
ing the potential for the use of existing rights-of-way; 
"(F) an examination of the effects on air quality, energy 
consumption, noise, land use, health, and safety £is a result of 
the decreases in traffic volume on other modes of transportation 
that are expected to result from the full-scale development of 
high-speed ground transportation systems; and 
"(G) any other technical assessments the Secretary considers 
important for carrying out this section. 
"(e)(1) Within 12 months after the submission of the study re-
quired by subsection (d), the Secretary shall establish the national 
high-speed ground transportation policy (hereinafter in this section 
referred to as the 'Policy). 
"(2) The Policy shall include— 
"(A) provisions to promote the design, construction, and oper-
ation of high-speed ground transportation systems in the United 
States; 
"(B) a determination whether the various competing high-
speed ground transportation technologies can be effectively in-
tegrated into a national network and, if not, whether 1 or more 
such technologies should receive preferential encouragement 
from the Federal Government to enable the development of 
such a national network; 
"(C) a strategy for prioritizing the markets and corridors in 
which the construction of high-speed ground transportation 
systems should be encouraged; and 
"(D) provisions designed to promote American competitive-
ness in the market for high-speed ground transportation tech-
nologies. 
"(3) The Secretary shall solicit comments from the public in the 
development of the Policy and may consult with other Federal 
agencies as appropriate in drafting the Policy.". 
(2) CONFORMING AMENDMENT.—The analysis for chapter 3 of 
such title is amended by inserting after the item relating to 
section 308 the following: 
"309. High-speed ground transportation.". 
(d) FUNDING.— 
105 STAT. 1986 
PUBLIC LAW 102-240—DEC. 18, 1991 
(1) OUT OF HIGHWAY TRUST FUND.—There shall be available 
from the Highway Trust Fund (other than the Mass Transit 
Account) the following sums: 
(A) NATIONAL MAGNETIC LEVITATION PROTOTYPE DEVELOP-
MENT PROGRAM,—For the national magnetic levitation 
prototype 
development 
program 
under 
this 
section 
$5,000,000 for fiscal year 1992, $45,000,000 for fiscal year 
1993, $100,000,000 for fiscal year 1994, $100,000,000 for 
fiscal year 1995, $125,000,000 for fiscal year 1996, and 
$125,000,000 for fiscal year 1997. 
(B) NATIONAL HIGH-SPEED GROUND TRANSPORTATION TECH-
NOLOGY DEMONSTRATION PROGRAM.—For the national high-
speed ground transportation technology demonstration 
program under section 309 of title 49, United States Code, 
$5,000,000 for each of fiscal years 1993,1994,1995,1996, and 
1997. 
(2) OUT OF GENERAL FUND.—In addition to amounts made 
available by paragraph (1), there is authorized to be appro-
priated for fiscal years 1992, 1993, 1994, 1995, 1996, and 1997— 
(A) $225,000,000 for the national magnetic levitation 
prototype development program under this section; 
(B) $25,000,000 for the national high-speed ground 
transportation technology demonstration program under 
section 309 of title 49, United States Code; and 
(C) $25,000,000 for national high-speed ground transpor-
tation research and development under section 309 of title 
49, United States Code. 
(3) PERIOD OF AVAILABILITY.—Funds made available by and 
under this section shall remain available until expended. 
(4) CONTRACT AUTHORITY.—Notwithstanding any other provi-
sion of law, approval by the Secretary of a grant or contract 
with funds made available by paragraph (1) shall be deemed a 
contractual obligation of the United States for pa3rment of the 
Federal share of the cost of the project. 
(e) GUARANTEE OF OBLIGATIONS.—Section 511 of the Railroad 
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 831) is 
amended— 
(1) in subsection (a)— 
(A) by inserting "(1)" after "shall be or have been used"; 
(B) by striking "or" after "car management systems)," 
and inserting in lieu thereof "(2)"; and 
(C) by inserting ", or (3) to acquire, rehabilitate, improve, 
develop, or establish high-speed rail facilities or equipment" 
after "new railroad facilities"; 
(2) in subsection (g)— 
(A) by inserting "or high-speed rail services" after "rail 
services" both places it appears in paragraph (3); 
(B) by inserting "or passengers" after "provide shippers" 
in paragraph (3); 
(C) by striking "or improved" and inserting in lieu 
thereof "improved, developed, or established" in paragraph 
(4); 
(D) by striking "improved, rehabilitated, or acquired" and 
inserting in lieu thereof "acquired, rehabilitated, improved, 
developed, or established" in paragraph (5); 
(E) by striking "and" at the end of paragraph (5); 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1987 
(F) by inserting "or high-speed rail carrier" after "af-
fected railroad" in paragraph (6); 
(G) by striking the period at the end of paragraph (6) and 
inserting in lieu thereof "; and"; and 
(H) by adding at the end the following new paragraph: 
"(7) in the case of high-speed rail facilities and equipment, at 
least 85 percent of such facilities and equipment are mined, 
produced, or manufactured in the United States, unless the 
Secretary finds in writing that— 
"(A) such requirement would be inconsistent with the 
public interest; 
"(B) such facilities and equipment could not be mined, 
produced, or manufactured in the United States in suffi-
cient and reasonably available quantities of a satisfactory 
quality; 
"(C) such a requirement would increase the cost of the 
facilities and equipment by more than 25 percent; or 
"(D) such a requirement would result in a violation of 
obligations of the United States under international trade 
agreements."; 
(3) in subsection (i)(l)— 
(A) by amending subparagraph (B) to read as follows: 
"(B)(i) will not use any funds or assets from railroad oper-
ations for nonrail purposes; and 
"(ii) will not use any funds or assets from high-speed rail 
operations for purposes other than high-speed rail purposes,"; 
and 
(B) by inserting "or high-speed rail services" after "pro-
vide rail services' ; and 
(4) by adding at the end the following new subsection: 
"(n) DEFINITIONS.—As used in this section, the term 'high-speed 
rail' means all forms of nonhighway ground transportation that run 
on rails providing transportation service which is— 
"(1) reasonably expected to reach sustained speeds of more 
than 125 miles per hour; and 
"(2) made available to members of the general public as 
passengers. 
Such term does not include rapid transit operations within an urban 
area that are not connected to the general rail system of transpor-
tation.". 
(f) GENERAL ACCOUNTING OFFICE STUDY.—The Comptroller Gen- Reports, 
eral, within 2 years after the date of the enactment of this Act, and ^^ ^ ^ ^^^ "°^-
annually thereafter, shall analyze the effectiveness of the applica-
tion of section 511 of the Railroad Revitalization and Regulatory 
Reform Act of 1976 to high-speed rail facilities and equipment, and 
report the results of such analysis to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate. 
SEC. 1037. RAILROAD RELOCATION DEMONSTRATION PROGRAM. 
Section 163(p) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 
130 note) is amended by striking "and 1991," and inserting "1991, 
1992,1993, and 1994,". 
SEC. 1038. USE OF RECYCLED PAVING MATERIAL. 
Environmental 
(a) ASPHALT PAVEMENT CONTAINING RECYCLED RUBBER DEM- 23°I^^ IO9 note. 
ONSTRATION PROGRAM.—Notwithstanding any other provision of 
105 STAT. 1988 
PUBLIC LAW 102-240—DEC. 18, 1991 
title 23, United States Code, or regulation or policy of the Depart-
ment of Transportation, the Secretary (or a State acting as the 
Department's agent) may not disapprove a highway project under 
chapter 1 of title 23, United States Code, on the ground that the 
project includes the use of asphalt pavement containing recycled 
rubber. Under this subsection, a patented application process for 
recycled rubber shall be eligible for approval under the same condi-
tions that an unpatented process is eligible for approval. 
(b) STUDIES.— 
(1) IN GENERAL.—The Secretary and the Administrator of the 
Environmental Protection Agency shall coordinate and conduct, 
in cooperation with the States, a study to determine— 
(A) the threat to human health and the environment 
associated with the production and use of asphalt pavement 
containing recycled rubber; 
(B) the degree to which asphalt pavement containing 
recycled rubber can be recycled; and 
(C) the performance of the asphalt pavement containing 
recycled rubber under various climate and use conditions. 
(2) DIVISION OF RESPONSIBILITIES.—The Administrator shall 
conduct the part of the study relating to paragraph (1)(A) and 
the Secretary shall conduct the part of the study relating to 
paragraph (1)(C). The Administrator and the Secretary shall 
jointly conduct the study relating to paragraph (1)(B). 
(3) ADDITIONAL STUDY.—The Secretary and the Administrator, 
in cooperation with the States, shall jointly conduct a study to 
determine the economic savings, technical performance quali-
ties, threats to human health and the environment, and 
environmental benefits of using recycled materials in highway 
devices and appurtenances and highway projects, including as-
phalt containing over 80 percent reclaimed asphalt, asphalt 
containing recycled glass, and asphalt containing recycled 
plastic. 
(4) ADDITIONAL ELEMENTS.—In conducting the study under 
paragraph (3), the Secretary and the Administrator shall exam-
ine utilization of various technologies by States and shall exam-
ine the current practices of all States relating to the reuse and 
disposal of materials used in federally assisted highway 
projects. 
(5) REPORT.—Not later than 18 months after the date of the 
enactment of this Act, the Secretary and the Administrator 
shall transmit to Congress a report on the results of the studies 
conducted under this subsection, including a detailed analysis of 
the economic savings and technical performance qualities of 
using such recycled materials in federally assisted highway 
projects and the environmental benefits of using such recycled 
materials in such highway projects in terms of reducing air 
emissions, conserving natural resources, and reducing disposal 
of the materials in landfills. 
(c) DOT GUIDANCE.— 
(1) INFORMATION GATHERING AND DISTRIBUTION.—The Sec-
retary shall gather information and recommendations concern-
ing the use of asphalt containing recycled rubber in highway 
projects from those States that have extensively evaluated and 
experimented with the use of such asphalt and implemented 
such projects and shall make available such information and 
PUBLIC LAW 102-240—DEC. 18,1991 
105 STAT. 1989 
recommendations on the use of such asphalt to those States 
which indicate an interest in the use of such asphalt. 
(2) ENCOURAGEMENT OF USE.—The Secretary should encourage 
the use of recycled materials determined to be appropriate by 
the studies pursuant to subsection 0^) in federally assisted high-
way projects. Procuring agencies shall comply with all ap-
plicable guidelines or regulations issued by the Administrator of 
the Environmental Protection Agency. 
(d) USE OF ASPHALT PAVEMENT CONTAINING RECYCLED RUBBER.— 
(1) STATE CERTIFICATION.—Beginning on January 1, 1995, and 
annually thereafter, each State shall certify to the Secretary 
that such State h£is satisfied the minimum utilization require-
ment for asphalt pavement containing recycled rubber estab-
lished by this section. The minimum utilization requirement for 
asphalt pavement containing recycled rubber as a percentage of 
the total tons of asphalt laid in such State and financed in 
whole or part by any assistance pursuant to title 23, United 
States Code, shall be— 
(A) 5 percent for the year 1994; 
(B) 10 percent for the year 1995; 
(C) 15 percent for the year 1996; and 
(D) 20 percent for the year 1997 and each year thereafter. 
(2) OTHER MATERIALS.—Any recycled material or materials 
determined to be appropriate by the studies under subsection (b) 
may be substituted for recycled rubber under the minimum 
utilization requirement of paragraph (1) up to 5 percent. 
(3) INCREASE.—The Secretary may increase the minimum 
utilization requirement of paragraph (1) for, asphalt pavement 
containing recycled rubber to be used in federally assisted 
highway projects to the extent it is technologically and economi-
cally feasible to do so and if an increase is appropriate to assure 
markets for the reuse and recycling of scrap tires. The mini-
mum utilization requirement for asphalt pavement containing 
recycled rubber may not be met by any use or technique found 
to be unsuitable for use in highway projects by the studies 
under subsection (b). 
(4) PENALTY.—The Secretary shall withhold from any State 
that fails to make a certification under paragraph (1) for any 
fiscal year, a percentage of the apportionments under section 
104 (other than subsection 03)(5)(A)) of title 23, United States 
Code, that would otherwise be apportioned to such State for 
such fiscal year under such section equal to the percentage 
utilization requirement established by paragraph (1) for such 
fiscal year. 
(5) SECRETARIAL WAIVER.—The Secretary may set aside the 
provisions of this subsection for any 3-year period on a deter-
mination, made in concurrence with the Administrator of the 
Environmental Protection Agency with respect to subpara-
graphs (A) and (B) of this paragraph, that there is reliable 
evidence indicating— 
(A) that manufacture, application, or use of asphalt pave-
ment containing recycled rubber substantially increases the 
threat to human health or the environment as compared to 
the threats associated with conventional pavement; 
(B) that asphalt pavement containing recycled rubber 
cannot be recycled to substantially the same degree as 
conventional pavement; or 
105 STAT. 1990 
PUBLIC LAW 102-240—DEC. 18, 1991 
(C) that asphalt pavement containing recycled rubber 
does not perform adequately as a material for the construc-
tion or surfacing of highways and roads. 
The Secretary shall consider the results of the study under 
subsection (bXD in determining whether a 3-year set-aside is 
appropriate. 
(6) RENEWAL OF WAIVER.—Any determination made to set 
aside the requirements of this section may be renewed for an 
additional 3-year period by the Secretary, with the concurrence 
of the Administrator with respect to the determinations made 
under paragraphs (5XA) and (5XB). Any determination made 
with respect to paragraph (5XC) may be made for specific States 
or regions considering climate, geography, and other factors 
that may be unique to the State or region and that would 
prevent the adequate performance of asphalt pavement contain-
ing recycled rubber. 
(7) INDIVIDUAL STATE REDUCTION.—The Secretary shall estab-
lish a minimum utilization requirement for asphalt pavement 
containing recycled rubber less than the minimum utilization 
requirement otherwise required by paragraph (1) in a particular 
State, upon the request of such State and if the Secretary, with 
the concurrence of the Administrator of the Environmental 
Protection Agency, determines that there is not a sufficient 
quantity of scrap tires available in the State prior to disposal to 
meet the minimum utilization requirement established under 
paragraph (1) as the result of recycling and processing uses (in 
that State or another State), including retreading or energy 
recovery. 
(e) DEFINITIONS.—For purpose of this section— 
(1) the term "asphalt pavement containing recycled rubber" 
means any hot mix or spray applied binder in asphalt paving 
mixture that contains rubber from whole scrap tires which is 
used for asphalt pavement base, surface course or interlayer, or 
other road and highway related uses and— 
• 
(A) is a mixture of not less than 20 pounds of recycled 
rubber per ton of hot mix or 300 pounds of recycled rubber 
per ton of spray applied binder; or 
(B) is any mixture of asphalt pavement and recycled 
rubber that is certified by a State and is approved by the 
Secretary, provided that the total amount of recycled 
rubber from whole scrap tires utilized in any year in such 
State shall be not less than the amount that would be 
utilized if all asphalt pavement containing recycled rubber 
laid in such State met the specifications of subparagraph 
(A) and subsection (dXD; and 
(2) the term "recycled rubber" is any crumb rubber derived 
from processing whole scrap tires or shredded tire material 
taken from automobiles, trucks, or other equipment owned and 
operated in the United States. 
23 u s e 144 note. 
SEC. 1039. HIGHWAY TIMBER BRIDGE RESEARCH AND DEMONSTRATION 
PROGRAM. 
(a) RESEARCH GRANTS.—The Secretary may make grants to other 
Federal 
agencies, 
universities, 
private 
businesses, 
nonprofit 
organizations, and any research or engineering entity to carry out 
research on 1 or more of the following: 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1991 
(1) Development of new, economical highway timber bridge 
systems. 
(2) Development of engineering design criteria for structural 
wood products for use in highway bridges in order to improve 
methods for characterizing lumber design properties. 
(3) Preservative systems for use in highway timber bridges 
which demonstrate new alternatives and current treatment 
processes and procedures and which are environmentally sound 
with respect to application, use, and disposal of treated wood. 
(4) Alternative transportation system timber structures which 
demonstrate the development of applications for railing, sign, 
and lighting supports, sound barriers, culverts, and retaining 
walls in highway applications. 
(5) Rehabilitation measures which demonstrate effective, safe, 
and reliable methods for rehabilitating existing highway timber 
structures. 
(b) TECHNOLOGY AND INFORMATION TRANSFER.—The Secretary 
shall take such action as may be necessary to ensure that the 
information and technology resulting from research conducted 
under subsection (a) is made available to State and local transpor-
tation departments and other interested persons. 
(c) CONSTRUCTION GRANTS.— 
(1) AUTHORITY.—The Secretary shall make grants to States 
for construction of highway timber bridges on rural Federal-aid 
highways. 
(2) APPLICATIONS.—A State interested in receiving a grant 
under this subsection must submit an application therefor to 
the Secretary. Such application shall be in such form and 
contain such information £is the Secretary may require by 
regulation. 
(3) APPROVAL CRITERIA.—The Secretary shall select and ap-
prove applications for grants under this subsection based on the 
following criteria: 
(A) Bridge designs which have both initial and long-term 
structural and environmental integrity. 
(B) Bridge designs which utilize timber species native to 
the State or region. 
(C) Innovative bridge designs which have the possibility 
of increasing knowledge, cost effectiveness, and future use 
of such designs. 
(D) Environmental practices for preservative treated 
timber, and construction techniques which comply with all 
environmental regulations, will be utilized. 
(d) FEDERAL SHARE.—The Federal share of the costs of research 
and construction projects carried out under this section shall be 80 
percent. 
(e) FUNDING.—From the funds reserved from apportionment 
under section 144(g)(1) of title 23, United States Code, for each of 
fiscal years 1992,1993,1994,1995,1996, and 1997— 
(1) $1,000,000 shall be available to the Secretary for carrying 
out subsections (a) and (b); and 
(2) $7,500,000 ($7,000,000 in the case of fiscal year 1992) shall 
be available to the Secretary for carrying out subsection (c). 
Such sums shall remain available until expended. 
(f) STATE DEFINED.—For purposes of this section, the term "State" 
has the meaning such term has under section 101 of title 23, United 
States Code. 
105 STAT. 1992 
PUBLIC LAW 102-240—DEC. 18, 1991 
23 use 101 note. SEC. 1040. HIGHWAY USE TAX EVASION PROJECTS. 
(a) IN GENERAL.—The Secretary shall use funds made available by 
subsection (e) to carry out highway use tax evasion projects in 
accordance with this section. Such funds may be allocated to the 
Internal Revenue Service and the States at the discretion of the 
Secretary. The Secretary shall not impose any condition on the use 
of funds allocated to the Internal Revenue Service under this sec-
tion. 
(b) LIMITATION ON USE OF FUNDS.—Funds made available to carry 
out this section shall be used only to expand efforts to enhance 
motor fuel tax enforcement, fund additional Internal Revenue Serv-
ice staff but only to carry out functions described in this subsection, 
supplement motor fuel tax examinations and criminal investiga-
tions, develop automated data processing tools to monitor motor fuel 
production and sales, evaluate and implement registration and 
reporting requirements for motor fuel taxpayers, reimburse State 
expenses that supplement existing fuel tax compliance efforts, and 
analyze and implement programs to reduce tax evasion associated 
with other highway use taxes. 
(c) MAINTENANCE OF EFFORT.—The Secretary may not make a 
grant to a State under this section in a fiscal year unless the State 
certifies that aggregate expenditure of funds of the State, exclusive 
of Federal funds, for motor fuel tax enforcement activities will be 
maintained at a level which does not fall below the average level of 
such expenditure for its last 2 fiscal years. 
(d) REPORTS.— 
(1) IN GENERAL.—On September 30 and March 31 of each year, 
the Secretary shall transmit to the Committee on Environment 
and Public Works and the Committee on Finance of the Senate 
and the Committee on Public Works and Transportation and 
the Committee on Ways and Means of the House of Representa-
tives a report on motor fuel tax enforcement activities under 
this section and the expenditure of funds made available to 
carry out this section, including expenses for the hiring of 
additional staff by any Federal agency. 
(2) USE OF REVENUES FOR ENFORCEMENT OF HIGHWAY TRUST 
FUND TAXES.—The Secretary of the Treasury shall, at least 60 
days before the beginning of each fiscal year (after fiscal year 
1992) for which funds are to be allocated to the Internal Reve-
nue Service under this section, submit a report to the Commit-
tee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate detailing the increased 
enforcement activities to be financed with such funds with 
respect to taxes referred to in section 9503(bXl) of the Internal 
Revenue Code of 1986. 
(e) USE OF DYE AND MARKERS.— 
(1) STUDY.—The Secretary, in consultation with the Internal 
Revenue Service, shall conduct a study to determine the fea-
sibility and the desirability of using dye and markers to aid in 
motor fuel tax enforcement activities and other purposes. 
(2) REPORT.—Not later than 1 year after the effective date of 
this section, the Secretary shall transmit to Congress a report 
on the results of the study conducted under this subsection. 
(f) FUNDING.— 
(1) HIGHWAY TRUST FUND.—There shall be available to the 
Secretary for carrying out this section, out of the Highway 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1993 
Trust Fund (other than the Mass Transit Account), $5,000,000 
for each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997. 
Such sums shall be available for obligation in the same manner 
and to the same extent as if such sums were apportioned under 
chapter 1 of title 23, United States Code; except that the Federal 
share for projects carried out under this section shall be 100 
percent and the sums shall remain available until expended. 
(2) GENERAL FUND.—There are authorized to be appropriated 
to carry out this section $2,500,000 per fiscal year for each of 
fiscal years 1992 through 1997. Such sums shall remain avail-
able until expended. 
(g) STATE DEFINED.—For purposes of this section, the term "State" 
means the 50 States and the District of Columbia. 
SEC. 1041. REGULATORY INTERPRETATIONS. 
(a) INCLUSION OF COATING OF STEEL IN BUY AMERICA PROGRAM.— 
Section 635.410 of title 23 of the Code of Federal Regulations and 
any similar regulation, ruling, or decision shall be applied as if to 
include coating. 
(b) FUNDING OF FUSEES AND FLARES.—Section 393.95 of title 49 of 
the Code of Federal Regulations shall be applied so that fusees and 
flares are given equal priority with regard to use as reflecting signs. 
SEC. 1042. INDIAN RESERVATION ROADS STUDY. 
23 USC 202 note. 
(a) STUDY.—The Secretary shall conduct a study on the funding 
needs for Indian reservation roads taking into account funding and 
other quality inequities between Indian reservation roads and other 
highway systems. 
Qi) REPORT.—Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit to Congress a report on the 
results of the study conducted under this section, together with any 
legislative and administrative recommendations of the Secretary for 
correcting inequities identified under such study. 
SEC. 1043. REPORT TO CONGRESS ON QUALITY IMPROVEMENT. 
23 USC 307 note. 
(a) 
REPORT 
TO CONGRESS ON QUALITY 
IMPROVEMENT.—The 
Comptroller General shall submit within 24 months following the 
date of the enactment of this title a report to Congress addressing 
means for improving the quality of highways constructed with 
Federal assistance. This report shall address Federal design stand-
ards, engineering and design services, and construction of Federal-
aid highway projects. 
Ot)) SCOPE OF THE REPORT TO CONGRESS.—In preparing such report, 
the Comptroller shall address, at a minimum, the following: 
(1) Alternative modifications to current Federal and State 
minimum design standards, including but not limited to, the 
anticipated impacts these alternatives would have on the 
serviceability, maintenance, expected life, and costs (including 
engineering and design, construction maintenance, operation 
and replacement costs). 
(2) Inclusion of guarantee and warranty clauses in contracts 
with designers, contractors, and State highway departments to 
address, at a minimum, potential costs and benefits of such 
clauses; any liability or insurance constraints or concerns; im-
plications for small, minority, or disadvantaged businesses; cur-
rently existing options for States to require these clauses or 
other means with similar effect without additional Federal 
105 STAT. 1994 
PUBLIC LAW 102-240—DEC. 18, 1991 
legislation, and the effect these or similar clauses may have on 
the availability of insurance and bonds for design professionals 
and contractors and the implication to the public of any change 
, 
in such availability. 
(3) Means of enhancing the maintenance of the Federal-aid 
Highway System to ensure the public investment in such 
system is protected. 
23 u s e 120 note. 
SEC. 1044. CREDIT FOR NON-FEDERAL SHARE. 
(a) EuGiBiLiTY.—A State may use as a credit toward the non-
Federal matching share requirement for all programs under this 
Act and title 23, United States Code, toll revenues that are gen-
erated and used by public, quasi-public and private agencies to build, 
improve, or maintain highways, bridges, or tunnels that serve the 
public purpose of interstate commerce. Such public, quasi-public or 
private agencies shall have built, improved, or maintained such 
facilities without Federal funds. 
(b) MAINTENANCE OF EFFORT.—The credit for any non-Federal 
share shall not reduce nor replace State monies required to match 
Federal funds for any program pursuant to this Act or title 23, 
Contracts. 
United States Code. In receiving a credit for non-Federal capital 
expenditures under this section, a State shall enter into such agree-
ments as the Secretary may require to ensure that such State will 
maintain its non-Federal transportation capital expenditures at or 
above the average level of such expenditures for the preceding three 
fiscal years. 
(c) TREATMENT.—Use of such credit for a non-Federal share shall 
not expose such agencies from which the credit is received to 
additional liability, additional regulation or additional administra-
tive oversight. When credit is applied from chartered multi-State 
agencies, such credit shall be applied equally to all charter States. 
The public, quasi-public, and private agencies from which the credit 
for which the non-Federal share is calculated shall not be subject to 
any additional Federal design standards, laws or regulations as a 
result of providing non-Federal match other than those to which 
such agency is already subject. 
Wisconsin. 
SEC. 1045. SUBSTITUTE PROJECT. 
(a) APPROVAL OF PROJECT.—Notwithstanding any other provision 
of law, upon the request of the Governor of the State of Wisconsin, 
submitted after consultation with appropriate local government 
officials, the Secretary may approve substitute highway, bus transit, 
and light rail transit projects, in lieu of construction of the 1-94 
East-West Transitway project in Milwaukee and Waukesha Coun-
ties, as identified in the 1991 Interstate Cost Estimate. 
(b) EuGiBiLiTY FOR FEDERAL ASSISTANCE.—Upon approval of any 
substitute highway or transit project or projects under subsection 
(a), the costs of construction of the eligible transitway project for 
which such project or projects are substituted shall not be eligible 
for funds authorized under section 108(b) of the Federal-Aid High-
way Act of 1956 and a sum equal to the Federal share of such costs, 
as included in the latest interstate cost estimate submitted to Con-
gress, shall be available to the Secretary to incur obligations under 
section 103(eX4) of title 23, United States Code, for the Federal share 
of the costs of such substitute project or projects. 
(c) LIMITATION ON EUGIBIUTY.—If, by October 1,1993, or two years 
after the date of the enactment of this Act, whichever is later, the 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1995 
Governor of the State of Wisconsin has not submitted a request for a 
substitute project or projects in lieu of the 1-94 East-West 
Transitway, the Secretary shall not approve such substitution. If, by 
October 1, 1995, or four years after the date of the enactment of this 
Act, whichever is later, such substitute project or projects are not 
under construction, or under contract for construction, no funds 
shall be appropriated under the authority of section 103(e)(4) of title 
23, United States Code, for such project or projects. For the purposes 
of this subsection, the term "construction" h£is the same meaning as 
given to it in section 101, title 23, United States Code, and shall 
include activities such as preliminary engineering and right-of-way 
acquisition. 
(d) ADMINISTRATIVE PROVISIONS.— 
(1) STATUS OF SUBSTITUTE PROJECT OR PROJECTS.—Any sub-
stitute project approved under subsection (a) shall be deemed to 
be a substitute project for the purposes of section 103(e)(4) of 
title 23, United States Code (other than subparagraphs (C) 
and (O). 
(2) REDUCTION OF UNOBLIGATED INTERSTATE APPORTIONMENT.— 
Unobligated apportionments for the Interstate System in the 
State of Wisconsin shall, on the date of approval of any sub-
stitute project or projects under subsection (a), be applied 
toward the Federal share of the costs of such substitute project 
or projects. 
(3) ADMINISTRATION THROUGH FHWA.—The Secretary shall 
administer this section through the Federal Highway Adminis-
tration. 
(4) FISCAL YEARS 1993 AND I 9 9 4 APPORTIONMENTS.—For 
the 
purpose of apportioning funds for fiscal years 1993 and 1994 
under section 104(b)(5)(A), the Secretary shall consider Wiscon-
sin as having no remaining eligible costs. For the purpose of 
apportioning funds under section 104(b)(5)(A) of title 23, United 
States Code, for fiscal year 1995 and subsequent fiscal years, 
Wisconsin's actual remaining eligible costs shall be used. 
(e) TRANSFER OF APPORTIONMENTS.—Wisconsin may transfer Inter-
state construction apportionments to its National Highway System 
in amounts equal to or less than the costs for additional work on 
sections of the Interstate System that have been built with Inter-
state construction funds and that are open to traffic as shown in the 
1991 Interstate Cost Estimate. 
SEC. 1046. CONTROL OF OUTDOOR ADVERTISING. 
(a) FUNDING.—Section 131(m) of title 23, United States Code, is 
amended by adding at the end the following new sentence: "Subject 
to approval by the Secretary in accordance with the program of 
projects approval process of section 105, a State may use any funds 
apportioned to it under section 104 of this title for removal of any 
sign, display, or device lawfully erected which does not conform to 
this section.". 
(b) REMOVAL OF ILLEGAL SIGNS.—Section 131 of such title is 
amended by adding at the end the following new subsection: 
"(r) REMOVAL OF ILLEGAL SIGNS.— 
"(1) BY OWNERS.—Any sign, display, or device along the Inter-
state System or the Federal-aid primary system which was not 
lawfully erected, shall be removed by the owner of such sign, 
display, or device not later than the 90th day following the 
effective date of this subsection. 
105 STAT. 1996 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(2) BY STATES.—If any owner does not remove a sign, display, 
or device in accordance with paragraph (1), the State within the 
borders of which the sign, display, or device is located shall 
remove the sign, display, or device. The owner of the removed 
sign, display, or device shall be liable to the State for the costs of 
such removal. Effective control under this section includes 
compliance with the first sentence of this paragraph.". 
(c) SCENIC BYWAY PROHIBITION.—Such section is further amended 
by adding at the end the following new subsections: 
"(s) SCENIC BYWAY PROHIBITION.—If a State has a scenic bj^way 
program, the State may not allow the erection along any highway 
on the Interstate System or Federal-aid primary system which 
before, on, or after the effective date of this subsection, is designated 
as a scenic byway under such program of any sign, display, or device 
which is not in conformance with subsection (c) of this section. 
Control of any sign, display, or device on such a highway shall be in 
accordance with this section. 
"(t) PRIMARY SYSTEM DEFINED.—For purposes of this section, the 
terms 'primary system' and 'Federal-aid primary system' mean the 
Federal-aid primary system in existence on June 1, 1991, and any 
highway which is not on such system but which is on the National 
Highway System.". 
23 use 131 note. 
(d) STATE COMPUANCE LAWS.—The amendments made by this 
section shall not affect the status or validity of any existing compli-
ance law or regulation adopted by a State pursuant to section 131 of 
title 23, United States Code. 
23 u s e 101 note. 
SEC. 1047. SCENIC BYWAYS PROGRAM. 
(a) SCENIC BYWAYS ADVISORY COMMITTEE.— 
(1) ESTABLISHMENT.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary shall establish in the 
Department of Transportation an advisory committee to assist 
the Secretary with respect to establishment of a national scenic 
byways program under title 23, United States Code. 
(2) MEMBERSHIP.—The advisory committee established under 
this section shall be composed of 17 members as follows: 
(A) The Administrator of the Federal Highway Adminis-
tration or the designee of the Administrator who shall serve 
as chairman of the advisory committee. 
(B) The Chief of the Forest Service of the Department of 
Agriculture or the designee of the Chief. 
(C) The Director of the National Park Service of the 
Department of the Interior or the designee of the Director. 
(D) The Director of the Bureau of Land Management of 
the Department of the Interior or the designee of the 
Director. 
(E) The Under Secretary for Travel and Tourism of the 
Department of Commerce or the designee of the Under 
Secretary. 
(F) The Assistant Secretary for Indian Affairs of the 
Department of the Interior or the designee of the Assistant 
Secretary. 
(G) 1 individual appointed by the Secretary who is spe-
cially qualified to represent the interests of conservationists 
on the advisory committee. 
(H) 1 individual appointed by the Secretary of Transpor-
tation who is specially qualified to represent the interests 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1997 
of recreational users of scenic byways on the advisory 
committee. 
(I) 1 individual appointed by the Secretary who is spe-
cially qualified to represent the interests of the tourism 
industry on the advisory committee. 
(J) 1 individual appointed by the Secretary who is spe-
cially qualified to represent the interests of historic 
preservationists on the advisory committee. 
(K) 1 individual appointed by the Secretary who is spe-
cially qualified to represent the interests of highway users 
on the advisory committee. 
(L) 1 individual appointed by the Secretary to represent 
State highway and transportation officials. 
(M) 1 individual appointed by the Secretary to represent 
local highway and transportation officials. 
(N) 1 individual appointed by the Secretary who is spe-
cially qualified to serve on the advisory committee as a 
planner. 
(O) 1 individual appointed by the Secretary who is spe-
cially qualified to represent the motoring public. 
(P) 1 individual appointed by the Secretary who is spe-
cially qualified to represent groups interested in scenic 
preservation. 
(Q) 1 individual appointed by the Secretary who rep-
resents the outdoor advertising industry. 
Individuals appointed as members of the advisory committee 
under subparagraphs (G) through (P) may be State and local 
government officials. Members shall serve without compensa-
tion other than for reasonable expenses incident to functions of 
the advisory committee. 
(3) FUNCTIONS.—The advisory committee established under 
this subsection shall develop and make to the Secretary rec-
ommendations regarding minimum criteria for use by State and 
Federal agencies in designating highways as scenic byways and 
as all-American roads for purposes of a national scenic byways 
program to be established under title 23, United States Code. 
Such recommendations shall include recommendations on the 
following: 
(A) Consideration of the scenic beauty and historic signifi-
cance of highways proposed for designation as scenic 
bjrways and all-American roads and the areas surrounding 
such highways. 
(B) Operation and management standards for highways 
designated as scenic byways and all-American roads, 
including strategies for maintaining or improving the quali-
ties for which a highway is designated as a scenic byway or 
all-American road, for protecting and enhancing the land-
scape and view corridors surrounding such a highway, and 
for minimizing traffic congestion on such a highway. 
(C)(i) Standards for scenic byway-related signs, including 
those which identify highways as scenic byways and all-
American roads. 
(ii) The advisability of uniform signs identifying highways 
as components of the scenic byway system. 
(D) Standards for maintaining highway safety on the 
scenic byway system. 
105 STAT. 1998 
PUBLIC LAW 102-240—DEC. 18, 1991 
(E) Design review procedures for location of highway 
facilities, landscaping, and travelers' facilities on the scenic 
byway system. 
(F) Procedures for reviewing and terminating the des-
ignation of a highway designated as a scenic byway. 
(G) Such other matters as the advisory committee may 
deem appropriate. 
(H) Such other matters for which the Secretary may 
request recommendations. 
(4) REPORT.—Not later than 18 months after the date of the 
enactment of this Act, the advisory committee established 
under this section shall submit to the Secretary and Congress a 
report containing the recommendations described in paragraph 
(3). 
(b) TECHNICAL AND FINANCIAL ASSISTANCE.—The Secretary shall 
provide technical assistance to the States (as such term is defined 
under section 101 of title 23, United States Code) and shall make 
grants to the States for the planning, design, and development of 
State scenic bjrway programs. 
(c) FEDERAL SHARE.—The Federal share payable for the costs of 
planning, design, and development of State scenic bj^way programs 
under this section shall be 80 percent. 
(d) FUNDING.—There shall be available to the Secretary for carry-
ing out this section (other than subsection (f)), out of the Highway 
Trust Fund (other than the Mass Transit Account), $1,000,000 for 
fiscal year 1992, $3,000,000 for fiscal year 1993, $4,000,000 for fiscal 
year 1994, and $14,000,000 for each of the fiscal years 1995,1996, and 
1997. Such sums shall remain available until expended. 
(e) CONTRACT AUTHORITY.—Notwithstanding any other provision 
of law, approval by the Secretary of a grant under this section shall 
be deemed a contractual obligation of the United States for payment 
of the Federal share of the cost of activities for which the grant is 
being made. 
(f) INTERIM SCENIC BYWAYS PROGRAM.— 
(1) GRANT PROGRAM.—During fiscal years 1992, 1993, and 
1994, the Secretary may make grants to any State which has a 
scenic highway program for carrying out eligible projects on 
highways which the State has designated as scenic b5rways. 
(2) PRIORITY PROJECTS.—In making grants under paragraph 
(1), the Secretary shall give priority to— 
(A) those eligible projects which are included in a corridor 
management plan for maintaining scenic, historic, rec-
reational, cultural, and archeological characteristics of the 
corridor while providing for accommodation of increased 
tourism and development of related amenities; 
(B) those eligible projects for which a strong local commit-
ment is demonstrated for implementing the management 
plans and protecting the characteristics for which the high-
way is likely to be designated as a scenic byway; 
(C) those eligible projects which are included in programs 
which can serve as models for other States to follow when 
establishing and designing scenic b3rways on an intrastate 
or interstate basis; and 
(D) those eligible projects in multi-State corridors where 
the States submit joint applications. 
(3) ELIGIBLE PROJECTS.—The following are projects which are 
eligible for Federal assistance under this subsection: 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 1999 
(A) Planning, design, and development of State scenic 
byway programs. 
(B) Making safety improvements to a highway designated 
as a scenic bjrway under this subsection to the extent such 
improvements are necessary to accommodate increased 
traffic, and changes in the types of vehicles using the 
highway, due to such designation. 
' 
(C) Construction along the highway of facilities for the 
use of pedestrians and bicyclists, rest areas, turnouts, high-
way shoulder improvements, passing lanes, overlooks, and 
interpretive facilities. 
(D) Improvements to the highway which will enhance 
access to an area for the purpose of recreation, including 
water-related recreation. 
(E) Protecting historical and cultural resources in areas 
adjacent to the highway. 
(F) Developing and providing tourist information to the 
public, including interpretive information about the scenic 
byway. 
(4) FEDERAL SHARE.—The Federal share payable for the costs 
of carrying out projects and developing programs under this 
subsection with funds made available pursuant to this subsec-
tion shall be 80 percent. 
(5) FUNDING.—There shall be available to the Secretary for 
carr3dng out this subsection, out of the Highway Trust Fund 
(other than the Mass Transit Account), $10,000,000 for fiscal 
year 1992, $10,000,000 for fiscal year 1993, and $10,000,000 for 
fiscal year 1994. Such sums shall remain available until 
expended. 
(g) LIMITATION.—The Secretary shall not make a grant under this 
section for any project which would not protect the scenic, historic, 
recreational, cultural, natural, and archeological integrity of the 
highway and adjacent area. The Secretary may not use more than 
10 percent of the funds authorized for each fiscal year under subsec-
tion (f)(5) for removal of any outdoor advertising sign, display, or 
device. 
(h) TREATMENT OP SCENIC HIGHWAYS IN OREGON.—For purposes of 
this section, a highway designated as a scenic highway in the State 
of Oregon shall be treated as a scenic byway. 
SEC. 1048. BUY AMERICA. 
(a) INCLUSION OF IRON.—Section 165(a) of the Surface Transpor-
tation Assistance Act of 1982 (23 U.S.C. 101 note) is amended by 
inserting ", iron," after "steel". 
(b) WAIVERS; INTENTIONAL VIOLATIONS.—Section 165 of such Act is 23 use loi note, 
amended by adding at the end the following new subsections: 
"(e) REPORT ON WAIVERS.—By January 1,1995, the Secretary shall 
submit to Congress a report on the purchases from foreign entities 
waived under subsection Ot)) in fiscal years 1992 and 1993, indicating 
the dollar value of items for which waivers were granted under 
subsection (b). 
"(f) INTENTIONAL VIOLATIONS.—If it has been determined by a Contracts, 
court or Federal agency that any person intentionally— 
"(1) affixed a label bearing a 'Made in America' inscription, or 
any inscription with the same meaning, to any product used in 
projects to which this section applies, sold in or shipped to the 
United States that was not made in the United States; or 
105 STAT. 2000 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(2) represented that any product used in projects to which 
this section applies, sold in or shipped to the United States that 
was not produced in the United States, was produced in the 
United States; 
that person shall be ineligible to receive any contract or subcontract 
made with funds 
authorized under the Intermodal 
Surface 
Transportation Efficiency Act of 1991 pursuant to the debarment, 
suspension, and ineligibility procedures in subpart 9.4 of chapter 1 
of title 48, Code of Federal Regulations. 
"(g) LIMITATION ON APPUCABIUTY OF WAIVERS TO PRODUCTS PRO-
DUCED IN CERTAIN FOREIGN COUNTRIES.—If the Secretary, in con-
sultation with the United States Trade Representative, determines 
t h a t -
'll) a foreign country is a party to an agreement with the 
United States and pursuant to that agreement the head of an 
1! 
agency of the United States has waived the requirements of this 
section, and 
"(2) the foreign country has violated the terms of the agree-
ment by discriminating against products covered by this section 
that are produced in the United States and are covered by the 
agreement, 
the provisions of subsection (b) shall not apply to products produced 
in that foreign country.". 
23 u s e 109 note. 
SEC. 1049. DESIGN STANDARDS. 
(a) SURVEY.—The Secretary shall conduct a survey to identify 
current State standards relating to geometric design, traffic control 
devices, roadside safety, safety appurtenance design, uniform traffic 
control devices, and sign legibility and directional clarity for all 
Federal-aid highways. The purpose of the survey is to determine the 
necessity of upgrading such standards in order to enhance highway 
safety. In conducting the survey, the Secretary shall take into 
consideration posted speed limits as they relate to the design of the 
highway. 
(b) REPORT.—Not later than 2 years after the date of the enact-
ment of this Act, the Secretary shall transmit to the Committee on 
Public Works and Transportation of the House of Representatives 
and the Committee on Environment and Public Works of the Senate 
a report on the results of the survey conducted under this section, 
and on the crashworthiness of traffic lights, traffic signs, guardrails, 
impact attenuators, concrete barrier treatments, and breakaway 
utility poles for bridges and roadways currently used by States, 
together with any recommendations of the Secretary relating to the 
purpose of the survey. 
23 u s e 138 note. 
SEC. 1050. TRANSPORTATION IN PARKLANDS. 
(a) IN GENERAL.—Not later than 12 months after the date of the 
enactment of this Act, the Secretary, in consultation with the 
Secretary of the Interior, shall conduct and transmit to Congress a 
study of alternative transportation modes for use in the National 
Park System. In conducting such study, the Secretary shall consider 
(1) the economic and technical feasibility, environmental effects, 
projected costs and benefits as compared to the costs and benefits of 
existing transportation systems, and general suitability of transpor-
tation modes that would provide efficient and environmentally 
sound ingress to and egress from National Park lands; and (2) 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2001 
methods to obtain private capital for the construction of such 
transportation modes and related infrastructure. 
(b) FUNDING.—From sums authorized to be appropriated for park 
roads and parkways for fiscal year 1992, $300,000 shall be available 
to carry out this section. 
SEC. 1051. WORK ZONE SAFETY. 
23 USC 401 note. 
The Secretary shall develop and implement a work zone safety 
program which will improve work zone safety at highway construc-
tion sites by enhancing the quality and effectiveness of traffic 
control devices, safety appurtenances, traffic control plans, and 
bidding practices for traffic control devices and services. 
SEC. 1052. NEW HAMPSHIRE FEDERAL-AID PAYBACK. 
(a) EFFECT OF REPAYMENT.—The amount of all Federal-aid high-
way funds paid on account of those completed sections of the 
Nashua-Hudson Circumferential in the State of New Hampshire 
referred to in subsection (c) of this section shall, prior to the 
collection of any tolls thereon, be repaid to the Treasurer of the 
United States before October 1, 1992. The amount so repaid shall be 
deposited to the credit of the appropriation for "Federal-Aid High-
way (Trust Fund)". Such repayment shall be credited to the 
unprogrammed balance of funds apportioned to the State of New 
Hampshire in accordance with section 1040)X1) of title 23, United 
States Code. The amount so credited shall be in addition to all other 
funds then apportioned to such State and shall remain available 
until expended. 
(h) USE OF REPAID FUNDS.—Upon repayment of Federal-aid high-
way funds and the cancellation and withdrawal from the Federal-
Aid Highway Program of the projects on the section in subsection (c) 
as provided in subsection (a) of this section, such section of this route 
shall become and be free of any and all restrictions contained in title 
23, United States Code, as amended or supplemented, or in any 
regulation thereunder, with respect to the imposition and collection 
of tolls or other charges thereon or for the use thereof. 
(c) PROJECT DESCRIPTION.—The provisions of this section shall 
apply to the section of the completed Nashua-Hudson Circumferen-
tial between the Daniel Webster Highway in the city of Nashua and 
New Hampshire Route 3A in the town of Hudson. 
SEC. 1053. METRIC SYSTEM SIGNING. 
Section 144 of the Federal-Aid Highway Act of 1978 (92 Stat. 2713; 
23 U.S.C. 109 note) is repealed. 
SEC. 1054. TEMPORARY MATCHING FUND WAIVER. 
23 USC 120 note. 
(a) WAIVER OF MATCHING SHARE.—Notwithstanding any other 
provision of law, the Federal share of any qualifying project ap-
proved by the Secretary under title 23, United States Code, and of 
any qualifying project for which the United States becomes obli-
gated to pay under title 23, United States Code, during the period 
beginning on October 1, 1991, and ending September 30, 1993, shall 
be the percentage of the construction cost as the State requests, up 
to and including 100 percent. 
(b) REPAYMENT.—The total amount of increases in the Federal 
share made pursuant to subsection (a) for any State shall be repaid 
to the United States by the State on or before March 30, 1994. 
Payments shall be deposited in the Highway Trust Fund and repaid 
105 STAT. 2002 
PUBLIC LAW 102-240—DEC. 18, 1991 
amounts shall be credited to the appropriate apportionment ac-
counts of the State. 
(c) DEDUCTION FROM APPORTIONMENTS.—If a State has not made 
the repayment as required by subsection (b), the Secretary shall 
deduct from funds apportioned to the State under title 23, United 
States Code, in each of the fiscal years 1995 and 1996, a pro rata 
share of each category of apportioned funds. The amount which 
shall be deducted in each fiscal year shall be equal to 50 percent of 
the amount needed for repayment. Any amount deducted under this 
subsection shall be reapportioned for fiscal years 1995 and 1996 in 
accordance with title 23, United States Code, to those States which 
have not received a higher Federal share under this section and to 
those States which have made the repayment required by subsection 
(b). 
(d) QuAUFYiNG PROJECT DEFINED.—For purposes of this section, 
the term "qualifying project" means a project approved by the 
Secretary after the effective date of this title, or a project for which 
the United States becomes obligated to pay after such effective date, 
and for which the Governor of the State submitting the project has 
certified, in accordance with regulations established by the Sec-
retary, that sufficient funds are not available to pay the cost of the 
non-Federal share of the project. 
SEC. 1055. RELOCATION ASSISTANCE REGULATIONS RELATING TO THE 
RURAL ELECTRIFICATION ADMINISTRATION. 
Section 213(c) of the Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 (42 U.S.C. 4633(c)) is 
amended bv inserting "and the Rural Electrification Administra-
tion" after Tennessee Valley Authority". 
SEC. 1056. USE OF HIGH OCCUPANCY VEHICLE LANES BY MOTORBIKES. 
Section 163 of the Surface Transportation Assistance Act of 1982 
(23 U.S.C. 146 note) is amended— 
(1) by inserting before "and acceptance" the following: ", after 
notice in the Federal Register and an opportunity for public 
comment,"; and 
(2) by adding at the end the following: "Any certification 
made before the date of the enactment of the Intermodal Sur-
face Transportation Efficiency Act of 1991 shall not be recog-
nized by the Secretary until the Secretary publishes notice of 
such certification in the Federal Register and provides an oppor-
tunity for public comment on such certification.". 
23 u s e 109 note. 
SEC. 1057. EROSION CONTROL GUIDELINES. 
(a) DEVELOPMENT.—The Secretary shall develop erosion control 
guidelines for States to follow in carrying out construction projects 
funded in whole or in part under this title. 
(b) MORE STRINGENT STATE REQUIREMENTS.—Guidelines developed 
under subsection (a) shall not preempt any requirement made by or 
under State law if such requirement is more stringent than the 
guidelines. 
(c) CONSISTENCY WITH OTHER PROGRAMS.—Guidelines developed 
under subsection (a) shall be consistent with nonpoint source 
management programs under section 319 of the Federal Water 
Pollution Control Act and coastal nonpoint pollution control guid-
ance under section 6217(g) of the Omnibus Budget Reconciliation 
Act of 1990. 
Federal 
Register, 
publication. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2003 
SEC. 1058. ROADSIDE BARRIER TECHNOLOGY. 
23 USC 109 note. 
(a) REQUIREMENT FOR INNOVATIVE BARRIERS.—Not less than 2V2 
percent of the mileage of new or replacement permanent median 
barriers included in awarded contracts along Federal-aid highways 
within the boundaries of a State in each calendar year shall be 
innovative safety barriers. 
(b) CERTIFICATION.—Each State shall annually certify to the Sec-
retary its compliance with the requirements of tnis section, 
(c) DEFINITION OF INNOVATIVE SAFETY BARRIER.—For purposes of 
this section, the term "innovative safety barrier" means a median 
barrier, other than a guardrail, classified by the Federal Highway 
Administration as "experimental" or that was classified as "oper-
ational" after January 1,1985. 
SEC. 1059. USE OF TOURIST ORIENTED DIRECTIONAL SIGNS. 
23 USC 131 note. 
(a) IN GENERAL.—The Secretary shall encourage the States to 
provide for equitable participation in the use of tourist oriented 
directional signs or "logo" signs along the Interstate System and the 
Federal-aid primary system (as defined under section 131(t) of title 
23, United States Code). 
(b) STUDY.—Not later than 1 year after the effective date of this Reports, 
title, the Secretary shall conduct a study and report to Congress on 
the participation in the use of signs referred to in subsection (a) and 
the practices of the States with respect to the use of such signs. 
SEC. 1060. PRIVATE SECTOR INVOLVEMENT PROGRAM. 
23 USC 112 note. 
(a) ESTABLISHMENT.—The Secretary shall establish a private sector 
involvement program to encourage States to contract with private 
firms for engineering and design services in carrying out Federal-aid 
highway projects when it would be cost effective. 
(b) GRANTS TO STATES.— 
(1) IN GENERAL.—In conducting the program under this sec-
tion, the Secretary may make grants in each of fiscal years 
1992, 1993, 1994, 1995, 1996, and 1997 to not less than 3 States 
which the Secretary determines have implemented in the fiscal 
year preceding the fiscal year of the grant the most effective 
programs for increasing the percentage of funds expended for 
contracting with private firms (including small business con-
cerns and small business concerns owned and controlled by 
socially and 
economically 
disadvantaged 
individuals) 
for 
engineering and design services in carrying out Federal-aid 
highway projects. 
(2) USE OF GRANTS.—A grant received by a State under this 
subsection may be used by the State only for awarding contracts 
for engineering and design services to carry out projects and 
activities for which Federal funds may be obligated under title 
23, United States Code. 
(3) FUNDING.—There are authorized to be appropriated to 
carry out this section $5,000,000 for each of fiscal years 1992 
through 1997. Such sums shall remain available until expended. 
(c) REPORT BY FHWA.—Not later than 120 days after the date of 
the enactment of this Act, the Administrator of the Federal High-
way Administration shall submit to the Secretary a report on the 
amount of funds expended by each State in fiscal years 1980 through 
1990 on contracts with private sector engineering and design firms 
in carrying out Federal-aid highway projects. The Secretary shall 
use information in the report to evaluate State engineering and 
105 STAT. 2004 
PUBLIC LAW 102-240—DEC. 18, 1991 
design programs for the purpose of awarding grants under subsec-
tion (b). 
(d) REPORT TO CONGRESS.—Not later than 2 years after the date of 
the enactment of this Act, the Secretary shall transmit to Congress 
a report on implementation of the program established under this 
section. 
(e) ENGINEERING AND DESIGN SERVICES DEFINED.—The term 
"engineering and design services" means any category of service 
described in section 112(b) of title 23, United States Code. 
(f) REGULATIONS.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall issue regulations to carry 
out this section. 
SEC. 1061. UNIFORM TRAFFIC CONTROL DEVICES. 
Arkansas. 
(a) HIGHWAY PROJECT.—The Secretary shall carry out a highway 
project in the State of Arkansas to demonstrate the benefits of 
providing training to county and town traffic officials in the need for 
and application of uniform traffic control devices and to dem-
onstrate the safety benefits of providing for adequate and safe 
warning and regulatory signs. 
(b) AUTHORIZATION OF APPROPRIATIONS FROM HIGHWAY TRUST 
FUNDS.—There is authorized to be appropriated out of the Highway 
Trust Fund, other than the Mass Transit Account, for fiscal year 
1992 to carry out this section— 
(1) $200,000 for providing training; and 
(2) $1,000,000 for providing warning and regulatory signs to 
counties, towns and cities. 
Amounts provided under paragraph (2) shall be divided equally 
between counties with a total county population of 20,000 or less and 
counties with a total county population of more than 20,000. Such 
amounts shall be distributed fairly and equitably among counties, 
cities, and towns within those counties. 
(c) APPUCABIUTY OF TITLE 23.—Funds authorized by this section 
shall be available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States Code, 
except that the Federal share of the cost of the project under this 
section shall be 80 percent and such funds shall remain available 
until expended. Funds made available under this section shall not 
be subject to any obligation limitation. 
(d) REPORT.—Not later than 2 years after the date of the enact-
ment of this Act, the Secretary shall transmit a report to Congress 
on the effectiveness of the project carried out under this section. 
SEC. 1062. MOLLY ANN'S BROOK, NEW JERSEY. 
The Secretary shall carry out a project to make modifications to 
bridges necessary for the Secretary of the Army to carry out a 
project for flood control, Molly Ann's Brook, New Jersey, authorized 
by section 401 of the Water Resources Development Act of 1986 (100 
Stat. 4119). Any Federal expenditures under this part for such 
project shall be treated as part of the non-Federal share of the cost 
of such flood control project. 
SEC. 1063. PRESIDENTIAL HIGHWAY, FULTON COUNTY, GEORGIA. 
CAUTION, Inc. 
(a) GENERAL RuLE.—Notwithstanding any other provision of law, 
the Secretary shall approve the construction of the Department of 
Transportation project MEACU-9152(2) in Fulton County, Georgia, 
as described in the legal settlement agreed to for the project by the 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2005 
Georgia Department of Transportation, the city of Atlanta, and 
CAUTION, Inc. Execution of the settlement agreement by those 
parties and approval of the settlement agreement by the DeKalb 
County, Georgia Superior Court shall be deemed to constitute full 
compliance with all Federal laws applicable to carrying out the 
project. 
(b) LIMITATIONS ON FEDERAL FUNDING.—With the exception of 
Federal funds expended for construction of the project described in 
subsection (a) and with the exception of Federal funds appropriated 
or authorized for the acquisition, creation, or development of parks 
or battlefield sites, no further Federal funds, including funds from 
the Highway Trust Fund and funds appropriated for the Federal-aid 
highway systems, shall be authorized, appropriated, or expended for 
expanding the capacity of the project described in subsection (a) or 
for new construction of a Federal-aid highway in any portion of 
rights-of-way previously acquired for Department of Transportation 
project MEACU-9152(2) which is not used for construction of such 
project as described in subsection (a) and in any portion of the 
rights-of-way previously acquired for Georgia project 1-485-1(46) in 
Fulton County, Georgia; Georgia project U-061-l(14) in Fulton and 
DeKalb Counties, Georgia; and Georgia project F-056-l(12) in 
Fulton County, Georgia. 
(c) LIMITATION ON EFFECT.—In the event that the settlement 
agreement referred to in subsection (a) is not executed by the parties 
or approved by the DeKalb County, Georgia Superior Court in Case 
No. 88-6429-3, this section shall have no force or effect. 
SEC. 1064. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL 23 USC129 note. 
FACILITIES. 
(a) IN GENERAL.—The Secretary shall carry out a program for 
construction of ferry boats and ferry terminal facilities in accord-
ance with section 129(c) of title 23, United States Code. 
(b) FEDERAL SHARE.—The Federal share payable for construction 
of ferry boats and ferry terminal facilities under this section shall be 
80 percent of the cost thereof. 
(c) FUNDING.—There shall be available, out of the Highway Trust 
Fund (other than the Mass Transit Account), to the Secretary for 
obligation at the discretion of the Secretary $14,000,000 for fiscal 
year 1992, $17,000,000 per fiscal year for each of fiscal years 1993, 
1994, 1995, and 1996, and $18,000,000 for fiscal year 1997 in carrying 
out this section. Such sums shall remain available until expended. 
(d) APPLICABILITY OF TITLE 23.—All provisions of chapter 1 of title 
23, United States Code, that are applicable to the National Highway 
System, other than provisions relating to apportionment formula 
and Federal share, shall apply to funds made available to carry out 
this section, except as determined by the Secretary to be inconsist-
ent with this section. 
(e) TREATMENT OF CERTAIN ROADS.—For purposes of this section. North Carolina. 
North Carolina State Routes 12, 45, 306, 615, and 168 and United 
States Route 421 in the State of North Carolina shall be treated as 
principal arterials. 
SEC. 1065. ORANGE COUNTY TOLL PILOT PROJECTS. 
(a) EXEMPTION OF CERTAIN LANDS.—For the purposes of any ap-
proval by the Secretary of proposed highway improvements au-
thorized by section 129(d)(3) of title 23, United States Code, in 
Orange County, California, pursuant to section 303 of title 49, 
California. 
105 STAT. 2006 
PUBLIC LAW 102-240—DEC. 18, 1991 
United States Code, and section 138 of title 23, United States Code, 
those sections (collectively known as "section 4(f)") shall not be 
applicable to public park, recreation area, wildlife and waterfowl 
refuge (collectively referred to hereinafter in this section as "park-
land")— 
(1) that are acquired by a public entity after a governmental 
agency's approval of a State or Federal environmental docu-
ment established the location of a highway adjacent to the 
parklands; or 
(2) where the planning or acquisition documents for the park-
lands specifically referred to or reserved the specific location of 
the highway. 
(b) APPLICABILITY.—Without limiting its prospective application, 
this section shall apply to any approval of the proposed highway 
improvements by the Secretary prior to the effective date of this 
section only if— 
(1) the approximately 360 acres comprising the proposed 
Upper Peters Canyon Regional Park in Orange County, Califor-
nia, is conveyed to a public agency for use as public park and 
recreation land or a wildlife or waterfowl refuge, or both, within 
90 days of such effective date; 
(2) the approximately 100 acres of lands described as the 
Dedication Area in that certain Option Agreement dated April 
16, 1991, by and between the city of Laguna Beach and the 
owner thereof is conveyed to a public agency for use as public 
park and recreation land for a wildlife or waterfowl refuge, or 
both, within 90 days of such effective date. 
(c) PURPOSE.—This section is adopted in recognition of unique 
circumstances in Orange County, California, including a comprehen-
sive land use planning process; the joint planning of thousands of 
acres of parklands with the locations of the proposed highway 
improvement; the provision of rights-of-way for high occupancy 
vehicle lanes and fixed rail transit in the 3 transportation corridors; 
the use of toll financing, which will discourage excessive automobile 
travel; and the inclusion of a county-wide growth management 
element and substantial local transit funding commitment in the 
county's voter-approved supplemental sales tax for transportation. 
(d) LIMITATIONS ON STATUTORY CONSTRUCTION.—In no event shall 
this section be construed to apply to any other highway projects 
other than the proposed San Joaquin Hills, Foothill, and Eastern 
Transportation Corridor highways in Orange County, California. 
Nothing in this section is intended to waive any provision of law 
(including the National Environmental Policy Act, the Endangered 
Species Act, and the National Historic Preservation Act) other than 
the specific exemptions to section 303 of title 49 and section 138 of 
title 23, United States Code. Nothing in this section shall be con-
strued to give effect to or approve regulations issued pursuant to 
section 4(f) and published in the Federal Register on April 1, 1991 
(56 Federal Register 62). 
23 u s e note 
SEC. 1066. RECODIFICATION, 
prec 101 
The Secretary shall, by October 1, 1993, prepare a proposed 
recodification of title 23, United States Code, and related laws and 
submit the proposed recodification to Congress for consideration. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2007 
SEC. 1067. PRIOR DEMONSTRATION PROJECTS. 
(a) TAMPA, FLORIDA.—The unobligated balance of funds provided 
under section 149 of the Surface Transportation and Uniform Re-
location Assistance Act of 1987 for carrying out subsection (aX81) of 
such section shall be available to the Secretary for carrying out a 
highway project to widen, modernize, and make safety improve-
ments to interstate route 1-4 in Hillsborough County, Florida, from 
its intersection with 1-275 in Tampa, Florida, to the Hillsborough-
Polk County line. 
(b) SANTA FE, NEW MEXICO.—The unobligated balance of funds 
provided under section 149 of the Surface Transportation and Uni-
form Relocation Assistance Act of 1987 for carrying out subsection 
(aX107) of such section shall be available to the Secretary for 
carrying out a highway project to construct a bjrpass for Santa Fe, 
New Mexico. 
(c) LARKSPUR TO KORBEL, CALIFORNIA.—The unobligated balance of 
funds provided under section 149 of the Surface Transportation and 
Uniform Relocation Assisteince Act of 1987 for carrying out subsec-
tion (aX41)(B) of such section shall be available to the Secretary for 
carrying out a highway project to construct a transportation cor-
ridor along a right-of-way which is parallel to Route 101 in Califor-
nia and connects Larkspur, California, and Korbel, California. 
(d) PASSAIC AND BERGEN COUNTIES, NEW JERSEY.—The highway 
project authorized by section 149(aXl) of the Surface Transportation 
and Uniform Relocation Assistance Act of 1987 (101 Stat. 181), shall 
include improvements to New Jersey State Route 21, the Crooks 
Avenue interchange between United States Route 46 and New 
Jersey State Route 20, and the United States Route 46 bridge over 
the Passaic River between Clifton and Elmwood Park, New Jersey. 
Notwithstanding any other provision of law, the Governor of the 
State of New Jersey shall carry out with respect to the construction 
of such highway project all of the responsibilities of the Secretary 
under title 23, United States Code, and all other provisions of law. 
To provide for expedited completion of the project, the Governor is 
authorized to waive any and all Federal requirements relating to 
the scheduling of activities associated with such highway project, 
including final design and right-of-way acquisition activities. 
SEC. 1068. S T O R M W A T E R PERMIT REQUIREMENTS. 
33 USC 1342 
(a) GENERAL RULE.—Notwithstanding the requirements of sections 
402(pX2) (B), (C), and (D) of the Federal Water Pollution Control Act, 
permit application deadlines for stormwater discharges associated 
with industrial activities from facilities that are owned or operated 
by a municipality shall be established by the Administrator of the 
Environmental Protection Agency (hereinafter in this section re-
ferred to £is the "Administrator") pursuant to the requirements of 
this section. 
(b) PERMIT APPUCATIONS.— 
(1) INDIVIDUAL APPLICATIONS.—The Administrator shall re- 
^ 
quire individual permit applications for discharges described in 
subsection (a) on or before October 1, 1992; except that any 
municipality that has participated in a timely part I group 
application for an industrial activity discharging stormwater 
that is denied such participation in a group application or for 
which a group application is denied shall not be required to 
submit an individual application until the 180th day following 
the date on which the denial is made. 
105 STAT. 2008 
PUBLIC LAW 102-240—DEC. 18, 1991 
(2) GROUP APPUCATIONS.—With respect to group applications 
for permits for discharges described in subsection (a), the 
Administrator shall require— 
(A) part I applications on or before September 30, 1991, 
except that any municipality with a population of less than 
250,000 shall not be required to submit a part I application 
before May 18,1992; and 
(B) part II applications on or before October 1, 1992, 
except that any municipality with a population of less than 
250,000 shall not be required to submit a part II application 
before May 17,1993. 
(c) MuNiciPAUTiES WITH LESS THAN 100,000 POPULATION.—The 
Administrator shall not require any municipality with a population 
of less than 100,000 to apply for or obtain a permit for any 
stormwater discharge associated with an industrial activity other 
than an airport, powerplant, or uncontrolled sanitary landfill owned 
or operated by such municipality before October 1, 1992, unless such 
permit is required by section 402(pX2) (A) or (E) of the Federal Water 
Pollution Control Act. 
(d) UNCONTROLLED SANITARY LANDFILL DEFINED.—For the pur-
poses of this section, the term "uncontrolled sanitary landfill" 
means a landfill or open dump, whether in operation or closed, that 
does not meet the requirements for run-on and run-off controls 
established pursuant to subtitle D of the Solid Waste Disposal Act. 
(e) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed to affect any application or permit 
requirement, including any deadline, to apply for or obtain a permit 
for stormwater discharges subject to section 402(p)(2) (A) or (E) of the 
Federal Water Pollution Control Act. 
(f) REGULATIONS.—The Administrator shall issue final regulations 
with respect to general permits for stormwater discharges associ-
ated with industrial activity on or before February 1,1992. 
SEC. 1069. MISCELLANEOUS HIGHWAY PROJECT AUTHORIZATIONS. 
(a) BALTIMORE-WASHINGTON PARKWAY.—There is authorized to be 
appropriated $74,000,000 for renovation and reconstruction of the 
Baltimore-Washington Parkway in Prince Georges County, Mary-
land. The Federal share of the cost of such project shall be 100 
percent. 
(b) EXIT 26 BRIDGE.—There is authorized to be appropriated 
$22,400,000 for construction of the Exit 26 Bridge in Schenectady 
County, New York. The Federal share of the cost of such project 
shall be 80 percent. 
(c) CUMBERLAND GAP TUNNEL.—There are authorized to be appro-
priated such sums as may be necessary to complete construction of 
the Cumberland Gap Tunnel, Kentucky, including associated ap-
proaches and other necessary road work. The Federal share of the 
cost of such project shall be 100 percent. 
(d) RIVERSIDE EXPRESSWAY.—There is authorized to be appro-
priated $53,400,000 for construction of the Riverside Expressway, 
including bridges crossing the Monongahela River and Buffalo 
Creek, in the vicinity of Fairmont, West Virginia. The Federal share 
of the cost of such project shall be 80 percent. 
(e) BuswAY.—There is authorized to be appropriated $39,500,000 
for design and construction of an exclusive busway linking Pitts-
burgh and Pittsburgh Airport. The Federal share of such project 
shall be 80 percent. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2009 
(f) ExTON BYPASS.—There is authorized to be appropriated 
$11,004,000 for construction of the Exton Bypass, in Exton, Penn-
sylvania. The Federal share of such project shall be 80 percent. 
(g) PENNSYLVANIA ROUTE 33 EXTENSION.—There is authorized to 
be appropriated $5,400,000 for extension of Route 33 in North-
ampton County, Pennsylvania. The Federal share of such project 
shall be 80 percent. 
(h) U.S. ROUTE 202.—There is authorized to be appropriated 
$4,500,000 for construction of U.S. Route 202. The Federal share of 
such project shall be 80 percent. 
(i) WooDRow WILSON BRIDGE.—There is authorized to be appro-
priated $15,000,000 for rehabilitation of the Woodrow Wilson Bridge. 
The Federal share of such project shall be 100 percent. 
(j) WARREN OUTERBELT IMPROVEMENT, WARREN, OHIO.—There is 
authorized to be appropriated $1,000,000 for design and construction 
of Warren Outerbelt improvements, Warren, Ohio. The Federal 
share of such project shall be 80 percent. 
(k) OHIO STATE ROUTE 46 IMPROVEMENTS.—There is authorized to 
be appropriated $2,000,000 for design and construction of Ohio State 
Route 46 improvements. The Federal share of such project shall be 
80 percent. 
(1) OHIO STATE ROUTE 5 IMPROVEMENTS.—There is authorized to be 
appropriated $1,000,000 for design and construction of Ohio State 
Route 5 improvements. The Federal share of such project shall be 80 
percent. 
(m) U.S. ROUTE 62 IMPROVEMENTS, OHIO.—There is authorized to 
be appropriated $1,000,000 for design and construction of U.S. Route 
62 improvements, Ohio. The Federal share of such project shall be 
80 percent. 
(n) OHIO STATE ROUTE 534 IMPROVEMENTS.—There is authorized to 
be appropriated $1,000,000 for design and construction of Ohio State 
Route 534 improvements. The Federal share of such project shall be 
80 percent. 
(o) OHIO STATE ROUTE 45 IMPROVEMENTS.—There is authorized to 
be appropriated $1,000,000 for design and construction of Ohio State 
Route 45 improvements. The Federal share of such project shall be 
80 percent. 
(p) ROUTE 120, LOCK HAVEN, PENNSYLVANIA.—There is authorized 
to be appropriated $4,000,000 for the widening of Route 120 and the 
removal of unstable rockflU area. Lock Haven, Pennsylvania. The 
Federgd share of such project shall be 80 percent. 
(q) TRUSS BRIDGE, TIOGA RIVER, LAWRENCEVILLE, 
PENNSYLVA-
NIA.—There is authorized to be appropriated $3,200,000 to replace 
the existing Truss Bridge across the Tioga River, in Lawrenceville, 
Pennsylvania. The Federal share of such project shall be 80 percent. 
(r) U.S. ROUTE 6, BRADFORD COUNTY, PENNSYLVANIA.—There is 
authorized to be appropriated $3,000,000 for the widening of U.S. 
Route 6 (Wysox Narrows Road), in Bradford County, Pennsylvania. 
The Federal share of such project shall be 80 percent. 
(s) SEBRING/MANSFIELD BYPASS, PENNSYLVANIA.—There is au-
thorized to be appropriated $4,800,000 for design and construction of 
the Sebring/Mansfield Bypass on U.S. 15, Pennsylvania. The Fed-
eral share of such project shall be 80 percent. 
(t) 1-5 IMPROVEMENTS.—The States of Oregon and Washington 
should give priority consideration to improvements on the 1-5 Cor-
ridor. The Secretary shall give priority consideration to funding 1-5 
improvements in Oregon and Washington from section 118(cX2) of 
105 STAT. 2010 
PUBLIC LAW 102-240—DEC. 18, 1991 
title 23, United States Code, as amended by this Act. The Secretary 
shall give the highest priority to those Oregon projects identified in 
the State's transportation improvement plan. 
(u) ROUTE 219.—The Secretary shall designate Route 219 from the 
Maryland line to Buffalo, New York, as part of the National High-
way System. 
(v) COALFIELDS EXPRESSWAY.—There is authorized to be appro-
priated such sums as may be necessary for design and construction 
of the project known as "Coalfields Expressway" from Beckley, West 
Virginia, to the West Virginia-Virginia State line, generally follow-
ing the corridor defined by, but not necessarily limited to. Routes 54, 
97, 10, 16, and 93. The Federal share of such project shall be 80 
percent. 
(w) UNITED STATES ROUTE 119.—There is authorized to be appro-
priated $70,000,000 for upgrading United States Route 119 to 4 lanes 
beginning west of Huddy, Kentucky. The Federal share of such 
project shall be 80 percent. 
(x) CHAMBERSBURG, PENNSYLVANIA.—Not later than 30 days after 
the date of the enactment of this Act, in Chambersburg, Pennsylva-
nia, at both the intersection of Lincoln Way and Sixth Street and 
the intersection of Lincoln Way and Coldbrook Avenue, the Penn-
sylvania Department of Transportation shall include an exclusive 
pedestrian phase in the existing lighting sequence between the 
hours of 8:00 and 8:30 a.m. and between the hours of 2:45 and 3:45 
p.m. on weekdays. 
(y) CONSTRUCTION OF AND IMPROVEMENTS TO THE APPALACHIAN 
DEVELOPMENT HIGHWAY SYSTEM.—There is authorized to be appro-
priated such sums as may be necessary for projects involving 
construction of, and improvements to, corridors of the Appalachian 
Development Highway System. 
(z) UNITED STATES ROUTE 52 IN WEST VIRGINIA.—(1) There is 
authorized to be appropriated such sums as may be necessary for 
projects for the construction, renovation, and reconstruction of 
United States Route 52 in West Virginia. 
(2) The Federal share payable on account of any such project shall 
be 80 percent of the cost thereof. 
(aa) ROUTE 219, NEW YORK.—(1) For the purpose of projects to 
improve and upgrade Route 219 in New York, from Springeville to 
the Pennsylvania border Route 219 shall be considered as eligible 
for funding under the Appalachian Development Highway System. 
(2) For purposes of paragraph (1) there is authorized to be appro-
priated such sums as may be necessary. The Federal share payable 
on account of such project shall be 80 percent of the cost thereof. 
0)b) ROUTES 5 AND 92 CONGESTION MANAGEMENT PROJECT.—There 
is authorized to be appropriated $20,000,000 to carry out a project to 
relieve congestion in the vicinity of the intersection of routes 5 and 
92 in the Towns of Manlius, New York, and Dewitt, New York. 
(cc) ROCHESTER ADVANCED TRAFFIC MANAGEMENT SYSTEM.—There 
is authorized to be appropriated $15,000,000 to implement an in-
tegrated advanced traffic management/advanced driver information 
system in the city of Rochester, New York. 
(dd) RENSSELAER ACCESS PROJECT.—There is authorized to be 
appropriated $35,000,000 to construct a new interchange (Exit 8) on 
Interstate Route 90, which includes an access-controlled roadway, in 
Rensselaer County, New York. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2011 
(ee) GowANUS EXPRESSWAY CORRIDOR IMPROVEMENTS.—There is 
authorized to be appropriated $200,000,000 to carry out improve-
ments to the Gowanus Expressway Corridor in Brooklyn, New York. 
(ff) 1-287 CROSS WESTCHESTER EXPRESSWAY HIGH OCCUPANCY VE-
HICLE LANE PROJECT.—There is authorized to be appropriated 
$200,000,000 to construct High Occupancy Vehicle Lanes on the 
Cross Westchester Expressway in Westchester County, New York. 
(gg) OAK POINT LINK FREIGHT ACCESS PROJECT.—There is au-
thorized to be appropriated $150,000,000 to complete the construc-
tion of the Oak Point Link in the Harlem River in New York City, 
New York. 
(hh) OPERATIONAL IMPROVEMENTS, FRANKUN DELANO ROOSEVELT 
DRIVE.—There is authorized to be appropriated $50,000,000 to carry 
out operational and safety improvements to the Franklin Delano 
Roosevelt Drive in New York City, New York. 
SEC. 1070. MODIFICATIONS OF NIAGARA FALLS BRIDGE COMMISSION 
CHARTER. 
(a) PAYMENT OP COSTS.— 
(1) IN GENERAL.—Section 4 of the joint resolution entitled 
"Joint resolution creating the Niagara Falls Bridge Commission 
and authorizing said Commission and its successors to con-
struct, maintain, and operate a bridge across the Niagara River 
at or near the city of Niagara Falls, New York", approved June 
16, 1938, as amended (hereinafter in this section referred to as 
the "Joint Resolution"), is amended to read as follows: 
52 Stat. 768. 
"SEC. 4. The Commission is authorized to issue its obligations to 
provide funds for the acquisition or construction of bridges (provided 
the same is authorized by Act or Joint Resolution of Congress of the 
United States), and the repair, renovation and expansion of the 
same, working capital and other expenditures and deposits conven-
ient to carrying out the Commission's purposes. The terms of the 
obligations shall be determined by resolution of the Commission 
(subject to such agreements with bondholders £is may then exist), 
including provisions regarding rates of interest (either fixed or 
variable), contracts for credit support, risk management, liquidity or 
other financial arrangements, security or provision for payment of 
the obligations and such contracts (including the general obligation 
of the Commission and the pledge of all or any particular revenues 
or proceeds of obligations of the Commission). The obligations shall 
be sold at public or private sale at such prices above or below par as 
the Commission shall determine. As used herein 'bridges' includes 
approaches thereto, land, easements and functionally related appur-
tenances.". 
(2) EXISTING CONTRACTUAL RIGHTS.—The amendments made 
by paragraph (1) shall be subject to the contractual rights of the 
holders of any of the bonds of the Niagara Falls Bridge Commis-
sion which are outstanding as of the date of the enactment of 
this section. 
(b) REPAYMENTS.—Section 5 of the Joint Resolution is amended— 52 Stat. 769. 
(1) in the first sentence— 
(A) by striking "a fund" and "a sinking fund" each place 
such terms appear and inserting "funds", 
(B) by striking "herein provided" and inserting "provided 
by resolution", 
(C) by striking "bonds" and inserting "obligations,", and 
105 STAT. 2012 
PUBLIC LAW 102-240—DEC. 18, 1991 
(D) by striking "bridge" and inserting "bridges" each 
place such term appears, and 
(2) by striking the second and third sentences and inserting: 
"After payment or provision for payment of the foregoing uses, 
the remainder of the tolls shall be applied, as and when the 
Commission determines, for purposes convenient to the accom-
plishment of its purposes.". 
(c) TREATMENT OF COMMISSION.—The last sentence of section 6 of 
52 Stat. 769. 
the Joint Resolution is amended to read as follows: "The Commis-
sion shall be deemed for purposes of all Federal law to be a public 
agency or public authority of the State of New York, notwithstand-
ing any other provision of law.". 
52 Stat. 770. 
(d) ADMINISTRATIVE PROVISIONS.—Section 8 of the Joint Resolution 
is amended in the second sentence thereof by striking out "shall not 
be entitled to any compensation for their services but" and inserting 
"shall be entitled to reimbursement for actual expenses incurred in 
the performance of official duties and to a per diem allowance per 
member of $150 when rendering services as such member (but not 
exceeding $10,000 for any member in any fiscal year).". 
Contracts. 
SEC. 1071. PEACE BRIDGE TRUCK INSPECTION FACILIITIES. 
Notwithstanding any other provision of law, the Administrator of 
General Services shall lease truck inspection facilities for the Peace 
Bridge. Such facilities must be immediately adjacent to the intersec-
tion of Porter Avenue and the New York State Thruway in Buffalo, 
New York. Before leasing such facilities, the Administrator must be 
assured that the facilities will be offered at a fair market price and 
that the facilities chosen will be connected to the bridge by a secure 
access road. Provided that these conditions are met, the Adminis-
trator shall enter into the lease on or before April 30,1992. 
23 u s e 130 note. 
SEC. 1072. VEHICLE PROXIMITY ALERT SYSTEM. 
The Secretary shall coordinate the field testing of the vehicle 
proximity alert system and comparable systems to determine their 
feasibility for use by priority vehicles as an effective railroad-
highway grade crossing safety device. In the event the vehicle 
proximity alert or a comparable system proves to be technologically 
and economically feasible, the Secretary shall develop and imple-
ment appropriate programs under section 130 of title 23, United 
States Code, to provide for installation of such devices where 
appropriate. 
23 u s e 109 note. 
SEC. 1073. ROADSIDE BARRIERS AND SAFETY APPURTENANCES. 
(a) INITIATION OF RULEMAKING PROCEEDING.—Not later than 30 
days after the date of the enactment of this Act, the Secretary shall 
initiate a rulemaking proceeding to revise the guidelines and estab-
lish standards for installation of roadside barriers and other safety 
appurtenances, including longitudinal barriers, end terminals, and 
crash cushions. Such rulemaking shall reflect state-of-the-art de-
signs, testing, and evaluation criteria contained in the National 
Cooperative Highway Research Program Report 230, relating to 
approval standards which provide an enhanced level of crashworthy 
performance to accommodate vans, mini-vans, pickup trucks, and 4-
wheel drive vehicles. 
0)) FINAL RULE.—Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall complete the rulemaking 
proceeding initiated under subsection (a), and issue a final rule 
PUBLIC LAW 102-240—DEC. 18,1991 
105 STAT. 2013 
regarding the implementation of revised guidelines and standards 
for acceptable roadside barriers and other safety appurtenances, 
including longitudinal barriers, end terminals, and crash cushions. 
Such revised guidelines and standards shall accommodate vans, 
mini-vans, pickup trucks, and 4-wheel drive vehicles and shall be 
applicable to the refurbishment and replacement of existing road-
side barriers and safety appurtenances as well as to the installation 
of new roadside barriers and safety appurtenances. 
SEC. 1074. DESIGNATION OF UNITED STATES ROUTE 69. 
Notwithstanding any other provision of law, upon the request of 
the Oklahoma State highway agency, the Secretary shall designate 
the portion of United States Route 69 from the Oklahoma-Texas 
State line to Checotah in the State of Oklahoma as a part of the 
Interstate System pursuant to section 139 of title 23, United States 
Code. 
SEC. 1075. SPECIAL PROVISIONS REGARDING CERTAIN HYDROELECTRIC 
PROJECTS. 
(a) BRASFIELD DAM PROJECT IN VIRGINIA.—(1) Notwithstanding 
section 13 of the Federal Power Act providing for the termination of 
a license issued by the Federal Energy Regulatory Commission 
(hereinafter in this subsection referred to as the "Commission") to 
the Appomattox River Water Authority (hereinafter in this subsec-
tion referred to as the "Authority") for the Brasfield Dam Hydro-
electric Project (FERC Project No. 9840-001) on the Appomattox 
River in Chesterfield and Dinwiddle Counties, Virginia, and not-
withstanding the prior surrender of such license by the Authority, 
the Commission shall reissue such license to the Authority, together 
with any amendments necessary and appropriate to carry out this 
subsection, and extend the period referred to in section 13 of that 
Act for a period ending 3 years after the enactment of this Act, 
' 
subject to the requirements of this section and the provisions of 
Federal Power Act. 
(2) During the 3-year period referred to in paragraph (1), the 
Commission shall issue an order, at the request of the Authority, 
permitting the Authority to transfer the license for such project to 
another person designated by the Authority for the purpose of 
protecting the Authority from challenge in connection with its 
agreement of trust with the Crestar Bank or under any provision of 
law of the State of Virginia. Any such transfer shall occur at a time 
specified in the order which shall not be after the expiration of the 
3-year period referred to in parsigraph (1). 
(3) Any license transfer under this subsection shall require that 
the licensee shall be subject to, and comply with, the license and the 
provisions of the Federal Power Act, including the provisions of 
section 10 thereof (related to fish and wildlife) with respect to such 
project to the same extent and in the same manner as the Authority 
would be subject to such license and such Act in the absence of such 
transfer. Nothing in the transfer of such license shall affect the 
authority or power of the (Commission under the license or under 
the Federal Power Act. Nothing in the Federal Power Act shall be 
construed as precluding a transfer of such license for the purposes 
specified in this section. 
(4) Any license transfer under this subsection shall be subject to 
revocation, at the request of the Authority, to permit the Authority 
105 STAT. 2014 
PUBLIC LAW 102-240—DEC. 18, 1991 
to surrender the license. No surrender of such license by the Author-
ity (or by any other person) shall be effective until after— 
(A) reasonable prior notice (as determined by the Commis-
sion), 
(B) completion of project construction, including the installa-
tion of any facilities for the protection, mitigation, and 
enhancement of fish and wildlife required under the license 
(including facilities required by the State fish and wildlife 
agency); and 
(C) delivery to the Commission of a statement certified by the 
Board of the Authority that the terms of any actual or proposed 
Commission order with respect to the Brasfield Dam Hydro-
electric Project would cause the Authority to act in violation of 
its Charter or be inconsistent with its bond indentures. 
The Commission shall accept the surrender of such license and 
establish conditions applicable to such license surrender which re-
quire the removal of hydroelectric power generation facilities, re-
quire that the licensee provide assurances satisfactory to the 
Commission that, following surrender of the license, the Brasfield 
Dam will be subject to State laws regarding fish and wildlife and 
dam safety and require that such surrender will not impose any 
duty, liability or obligation on the part of any department, agency, 
or instrumentality of the United States. Nothing in this section 
shall affect the application of the River and Harbor Act of 1894 (33 
U.S.C. Sec. 1). 
(b) PROJECTS NOS. 3033, 3034, AND 3246.—(1) Notwithstanding the 
time limitations of section 13 of the Federal Power Act (16 U.S.C. 
806), the Federal Energy Regulatory Commission, upon the request 
of the licensees for Federal Energy Regulatory Commission Projects 
Nos. 3033, 3034, and 3246 (and after reasonable notice), is au-
thorized, in accordance with the good faith, due diligence, and public 
interest requirements of such section and the Commission's proce-
dures under such section, to extend— 
(A) until August 10, 1994, the time required for the licensee to 
acquire the required real property and commence the construc-
tion of Project No. 3033, and until August 10, 1999, the time 
required for completion of construction of the project; 
(B) until August 10, 1996, the time required for the licensee to 
acquire the required real property and commence the construc-
tion of Project No. 3034, and until August 10, 2001, the time 
required for completion of construction of the project; and 
(C) until October 15,1995, the time required for the licensee to 
acquire the required real property and commence the construc-
tion of Project No. 3246, and until October 15, 1999, the time 
required for completion of construction of the project. 
Termination 
(2) The authorization for issuing extensions under this subsection 
<*ate. 
shall terminate 3 years after the date of enactment of this section. 
(3) To facilitate requests under this subsection, the Commission 
may consolidate the requests. 
(c) UNION CITY, MICHIGAN.—Notwithstanding section 23(b) or sec-
tion 4(e) of the Federal Power Act, it shall not be unlawful for the 
municipality of Union City, Michigan, to operate, maintain, repair, 
reconstruct, replace, or moidify— 
(1) any dam which, as of the date of the enactment of this Act, 
is owned and operated by Union City, Michigan, and located 
across a segment of the St. Joseph River, in Branch C!ounty, 
PUBLIC LAW 102-240—DEC. 18,1991 
105 STAT. 2015 
Michigan, approximately 5 miles downstream from 
such 
municipality, or 
(2) any water conduit, reservoir, power house, and other 
works incidental to such dam. 
No license shall be required under part 1 of the Federal Power Act 
for the dam, water conduit, reservoir, power house, or other project 
works referred to in the preceding sentence and, subject to compli-
ance with State laws, permission is hereby granted for such facilities 
to the same extent as in the case of facilities for which permission is 
granted under the last sentence of section 23(b) of that Act. 
SEC. 1076. SHORELINE PROTECTION. 
New York. 
The project for shoreline protection, Atlantic Coast of New York 
City from Rockaway Inlet to Norton Point, authorized by section 
501(a) of the Water Resources Development Act of 1986 (Public Law 
99-662; 100 Stat. 4135), is modified to authorize the Secretary to 
construct the project at a total first cost of $69,200,000, based on the 
New York District Engineer's draft General Design Memorandum 
N 
dated April 1991, with an estimated first Federal cost of $39,800,000 
and an estimated non-Federal cost of $29,400,000, and an average 
annual cost of $580,000 for periodic nourishment over the life of the 
project, with an estimated annual Federal cost of $377,000 and an 
estimated annual non-Federal cost of $203,000. The Secretary shall 
proceed with the storm damage reduction measures as the first 
construction feature. The project is further modified to authorize 
the Secretary to relocate existing comfort and lifeguard stations at 
full Federal expense, provided such relocations are desired by the 
non-Federal sponsor. Operation and maintenance of the facilities 
after relocation will be a non-Federal responsibility. The cost of 
these relocations shall not be treated as a project cost for purposes of 
either economic evaluation or project cost-sharing of the project. 
SEC. 1077. REVISION OF MANUAL. 
Regulations. 
Not later than 90 days after the date of the enactment of this Act, 
the Secretary shall revise the Manual of Uniform Traffic Control 
Devices and such other regulations and agreements of the Federal 
Highway Administration as may be necessary to authorize States 
and local governments, at their discretion, to install stop or yield 
signs at any rail-highway grade crossing without automatic traffic 
control devices with 2 or more trains operating across the rail-
highway grade crossing per day. 
SEC. 1078. DECLARATION OF NONNAVIGABILITY OF PORTION OF HUDSON 33 USC 59cc. 
RIVER, NEW YORK. 
(a) DECLARATION OF NONNAVIGABIUTY.—Subject to subsections (c), 
(d), and (e), the area described in subsection (b) is declared to be 
nonnavigaljle waters of the United States. 
(b) AREA SUBJECT TO DECLARATION.—The area described in this 
subsection is the portion of the Hudson River, New York, described 
as follows (according to coordinates and bearings in the system used 
on the Borough Survey, Borough President's Office, New York, New 
York): 
Beginning at a point in the United States Bulkhead Line 
approved by the Secretary of War, July 31, 1941, having a 
coordinate of north 1918.003 west 9806.753; 
Running thence easterly, on the arc of a circle curving to the 
left, whose radial line bears north 3°-44'-20" east, having a 
105 STAT. 2016 
PUBLIC LAW 102-240—DEC. 18, 1991 
radius of 390.00 feet and a central angle of 22''-05'-50", 150.41 
feet to a point of tangency; 
Thence north 71°-38'-30" east, 42.70 feet; 
Thence south ll°-05'-40'' east, 33.46 feet; 
Thence south 78°-54'-20" west, 0.50 feet; 
Thence south ll°-05'-40" east, 2.50 feet; 
Thence north 78°-54'-20" east, 0.50 feet; 
Thence south ll'-05'-40" east, 42.40 feet to a point of cur-
vature; 
Thence southerly, on the arc of a circle curving to the right, 
having a radius of 220.00 feet and a central angle of 16''-37'-40", 
63.85 feet to a point of compound curvature; 
Thence still southerly, on the arc of a circle curving to the 
right, having a radius of 150.00 feet and a central angle of 38°-
39'-00", 101.19 feet to another point of compound curvature; 
Thence westerly, on the arc of a circle curving to the right, 
having a radius of 172.05 feet and a central angle of 32''-32'-03", 
97.69 feet to a point of curve intersection; 
Thence south 13*'-16'-57'' east, 50.86 feet to a point of curve 
intersection; 
Thence westerly, on the arc of a circle curving to the left, 
whose radial bears north 13''-16'-57" west, having a radius of 
6.00 feet and a central angle of 180''-32'-31", 18.91 feet to a point 
of curve intersection; 
Thence southerly, on the arc of a circle curving to the left, 
whose radial line bears north 75°-37'-ll'' east, having a radius 
of 313.40 feet and a central angle of 4"'-55'-26", 26.93 feet to a 
point of curve intersection; 
Thence south 70°-41'-45'' west, 36.60 feet; 
Thence north 13°-45'-00'' west, 42.87 feet; 
Thence south 76°-15'-00" west, 15.00 feet; 
Thence south 13°-45'-00'' east, 44.33 feet; 
Thence south 70°-41'-45" west, 128.09 feet to a point in the 
United States Pierhead Line approved by the Secretary of War, 
1936; 
Thence north 63°-08'-48" west, along the United States 
Pierhead Line approved by the Secretary of War, 1936, 114.45 
feet to an angle point therein; 
Thence north 61°-08'-00" west, still along the United States 
Pierhead Line approved by the Secretary of War, 1936, 202.53 
feet; 
^"" 
The following three courses being along the lines of George 
Soilan Park as shown on map prepared by The City of New 
York, adopted by the Board of Estimate, November 13, 1981, 
Ace. N" 30071 and lines of property leased to Battery Park City 
Authority and B. P. C. Development Corp; 
Thence north 77°-35'-20'' east, 231.35 feet; 
Thence north 12°-24'-40'' west, 33.92 feet; 
Thence north 54''-49'-00" east, 171.52 feet to a point in the 
United States Bulkhead Line approved by the Secretary of War, 
July 31,1941; 
Thence north 12°-24'-40" west, along the United States Bulk-
head Line approved by the Secretary of War, July 31, 1941, 
62.26 feet to the point or place of beginning; 
(c) DETERMINATION OF PUBUC INTEREST.—The declaration made in 
subsection (a) shall not take effect if the Secretary of the Army 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2017 
(acting through the Chief of Engineers), using reasonable discretion, 
hnds that the proposed project is not in the public interest— 
(1) before the date which is 120 days after the date of the 
submission to the Secretary of appropriate plans for the pro-
posed project; and 
(2) after consultation with local and regional public officials 
(including local and regional public planning organizations). 
(d) LIMITATION ON APPUCABILITY OF DECLARATION.— 
(1) AFFECTED AREA.—The declaration made in subsection (a) 
shall apply only to those portions of the area described in 
subsection (b) which are or will be occupied by permanent 
structures (including docking facilities) comprising the proposed 
project. 
(2) APPUCATION OF OTHER LAWS.—Notwithstanding subsection 
(a), all activities conducted in the area described in subsection 
(b) are subject to all Federal laws which apply to such activities, 
including— 
(A) sections 9 and 10 of the Act of March 3, 1899 (33 
U.S.C. 401, 403), commonly known as the River and Harbors 
Appropriation Act of 1899; 
(B) section 404 of the Federal Water Pollution Control Act 
(33 U.S.C. 1254); and 
(C) the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(e) EXPIRATION DATE.—The declaration made in subsection (a) 
shall expire— 
(1) on the date which is 6 years after the date of the enact-
ment of this Act if work on the proposed project to be performed 
in the area described in subsection (b) is not commenced before 
such date; or 
(2) on the date which is 20 years after the date of the 
enactment of this Act for any portion of the area described in 
subsection (b) which on such date is not bulkheaded, filled, or 
occupied by a permanent structure (including docking facilities). 
(f) PROPOSED PROJECT DEFINED.—For the purposes of this section, 
the term "proposed project" means any project for the rehabilitation 
and development of— 
(1) the structure located in the area described in subsection 
(b), commonly referred to as Pier A; and 
(2) the area surrounding such structure. 
SEC. 1079. CLEVELAND HARBOR, OHIO. 
(a) DEAUTHORIZATION OF PORTION OF PROJECT FOR HARBOR MODI-
FICATION.—That portion described in subsection (b) of the project for 
harbor modification, Cleveland Harbor, Ohio, authorized by section 
202(a) of the Water Resources Development Act of 1986 (100 Stat. 
4095), is not authorized after the date of the enactment of this Act. 
(b) AREA SUBJECT TO DEAUTHORIZATION.—The portion of 
the 
project for harbor modification, Cleveland Harbor, Ohio, described 
in this subsection is that portion situated in the City of Cleveland, 
Cuyahoga County, and State of Ohio, T7N, R13W and being more 
fully described as follows: 
Beginning at an iron pin monument at the intersection of the 
centerline of East 9th Street (99 feet wide) with the centerline of 
relocated Erieside Avenue N.E. (70 ft. wide); 
Thence south 50°-06'-52" west on the centerline of relocated 
Erieside Avenue N.E. a distance of 112.89 feet to a point; 
105 STAT. 2018 
PUBLIC LAW 102-240—DEC. 18, 1991 
Thence southwesterly continuing on the centerline of re-
located Erieside Avenue N.E. along the arc of a curve to the left, 
with a radius of 300.00 feet and whose chord bears south 42°-
36'-52" west 140.07 feet, an arc distance of 141.37 feet to a point; 
Thence north GO'-SS'-OS" west a distance of 35.00 feet to a 
point on the northwesterly right-of-way line of relocated 
Erieside Avenue N.E; 
Thence south 29°-06'-52" west on the northwesterly right-of-
way line of relocated Erieside Avenue N.E, a distance of 44.36 
feet to a point; 
Thence north 33°-53'-08" west a distance of 158.35 feet to a 
point; 
Thence south 56°-06'-52'' west a distance of 76.00 feet to a 
point; 
Thence north 78''-53'-08'' west a distance of 18.39 feet to a 
point; 
Thence north 33°-53'-08" west a distance of 33.50 feet to a 
point, said point being the true place of beginning of the parcel 
herein described; 
Thence south 56'*-06'-52" west a distance of 84.85 feet to a 
point; 
Thence north 33''-53'-08" west a distance of 137.28 feet to a 
point; 
Thence north ll°-06'-52" east a distance of 225.00 feet to a 
point; 
Thence south 78°-53'-08'' east a distance of 160.00 feet to a 
point; 
Thence south ll°-06'-52'' west a distance of 46.16 feet to a 
point; 
Thence south 56°-06'-52" west a distance of 28.28 feet to a 
point; 
Thence south ll''-06'-52'' west a distance of 89.70 feet to a 
point; 
Thence south 33''-53'-08" east a distance of 28.28 feet to a 
point; 
Thence south ll'-06'-52" west a distance of 83.29 feet to a 
point; 
Thence south 56°-06'-52" west a distance of 4.14 feet to a true 
place of beginning containing 42,646 square feet more or less; 
(c) REIMBURSEMENT NOT REQUIRED.—The Ohio Department of 
Natural Resources shall not be required to reimburse the Federal 
Government any portion of the credit received by the non-Federal 
project sponsor as provided for in Public Law 100-202 (101 Stat. 
1329-108). 
33 use 59dd. 
(d) AREA TO B E DECLARED NONNAVIGABLE; PUBUC INTEREST.— 
Unless the Secretary of the Army finds, after consultation with local 
and regional public officials (including local and regional public 
planning organizations), that the proposed projects to be undertaken 
within the boundaries in the portions of Cleveland Harbor, Ohio, 
described below, are not in the public interest then, subject to 
subsections (e) and (f) of this section, those portions of such Harbor, 
bounded and described as follows, are declared to be nonnavigable 
waters of the United States: 
Situated in the City of Cleveland, Cuyahoga County and State 
of Ohio, T7N, R13W and being more fully described as follows: 
Beginning at an iron pin monument at the intersection of 
the centerline of East 9th Street (99 feet wide) with the 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2019 
centerline of relocated Erieside Avenue, N.E., (70 feet wide) 
at Cleveland Regional Geodetic Survey Grid System, 
(CRGS) coordinates N92,679.734, E86,085.955; 
Thence south 56"'-06'-52" west on the centerline of re-
located Erieside Avenue, N.E., a distance of 89.50 feet to a 
drill hole set; 
Thence north 33°-53'-08" west a distance of 35.00 feet to 
a drill hole set on the north-westerly right-of-way line of 
relocated Erieside Avenue, N.E., said point being the true 
place of beginning of the parcel herein described; 
Thence south 56°-06'-52" west on the northwesterly 
right-of-way line of relocated Erieside Avenue, N.E., a dis-
tance of 23.39 feet to a % inch re-bar set; 
• 
Thence southwesterly on the northwesterly right-of-way 
line of relocated Erieside Avenue, N.E., along the arc of a 
curve to the left with a radius of 335.00 feet, and whose 
chord bears south 42°-36'-52" west 156.41 feet, an arc dis-
tance of 157.87 feet to a Vs inch re-bar set; 
Thence south 29''-06'-52" west on the northwesterly 
right-of-way line of relocated Erieside Avenue, N.E., a dis-
tance of 119.39 feet to a Vs inch re-bar set; 
Thence southwesterly on the northwesterly right-of-way 
of relocated Erieside Avenue, N.E., along the arc of a curve 
to the right with a radius of 665.00 feet, and whose chord 
bears south 32''-22'-08" west 75.50 feet, an arc distance of 
75.54 feet to a % inch re-bar set; 
Thence north 33*'-53'-08" west a distance of 279.31 feet to 
a drill hole set; 
Thence south 56°-06'-52" west a distance of 37.89 feet to a 
drill hole set; 
Thence north 33°-53'-08" west a distance of 127.28 feet to 
a point; 
Thence north ll'-06'-52" east a distance of 225.00 feet to 
a point; 
Thence south 78°-53'-08" east a distance of 150.00 feet to 
a drill hole set; 
Thence north ll''-06'-52" east a distance of 32.99 feet to a 
drill hole set; 
Thence north 33°-53'-08" east a distance of 46.96 feet to a 
drill hole set; 
Thence north 56''-06'-52" east a distance of 140.36 feet to 
a drill hole set on the southwesterly right-of-way line of 
East 9th Street; 
Thence south 33°-53'-08" east on the southwesterly right-
of-way line of East 9th Street a distance of 368.79 feet to a 
drill hole set; 
Thence southwesterly along the arc of a curve to the 
right with a radius of 40.00 feet, and whose chord bears 
south ll°-06'-52" west 56.57 feet, an arc distance of 62.83 
feet to the true place of beginning containing 174,764 
square feet (4.012 acres) more or less. 
(e) LIMITS ON APPUCABIUTY; REGULATORY REQUIREMENTS.—The 
declaration under subsection (d) shall apply only to those parts of 
the areas described in subsection (d) which are or will be bulkheaded 
and filled or otherwise occupied by permanent structures, including 
marina facilities. All such work is subject to all applicable Federal 
statutes and regulations, including sections 9 and 10 of the Act of 
105 STAT. 2020 
PUBLIC LAW 102-240—DEC. 18, 1991 
March 3, 1899 (30 Stat. 1151; 33 U.S.C. 401 and 403), commonly 
known as the River and Harbors Appropriation Act of 1899, section 
404 of the Federal Water Pollution Control Act, and the National 
Environmental Policy Act of 1969. 
(f) EXPIRATION DATE.—If, 20 years from the date of the enactment 
of this Act, any area or part thereof described in subsection (d) is not 
bulkheaded or filled or occupied by permanent structures, including 
marina facilities, in accordance with the requirements set out in 
subsection (e) of this section, or if work in connection with any 
activity permitted in subsection (e) is not commenced within 5 years 
after 
issuance 
of 
such 
permit, 
then 
the 
declaration 
of 
nonnavigability for such area or part thereof shall expire. 
SEC. 1080. DEAUTHORIZATION OF A PORTION OF THE CANAVERAL 
HARBOR, FLORIDA, PROJECT. 
The following portion of the project for navigation, Canaveral 
Harbor, Florida, authorized by the River and Harbor Act of 1945, as 
modified by the River and Harbor Act of 1962 (Public Law 87-874), 
shall not be authorized after the date of the enactment of this Act: 
Begin at the northwesterly corner of the west turning basin. 
Federal navigation project, Canaveral Harbor, Brevard County, 
Florida, having a northing of 1,483,798.695 and an easting of 
619,159.191 (Florida east zone, State plane transverse mercator 
standard conical projections) and being depicted on the Depart-
ment of the Army, Jacksonville District, Corps of Engineers 
'Construction Dredging 31 Foot Project', D.O. File No. 11-34, 
465 sheet 35, dated October 1984; thence south 0°-18'-51" east, 
along said westerly boundary, a distance of 1320.00 feet; thence 
north 89''-41'-09" east, a distance of 1095.00 feet; thence north 
62°-35'-15" west, a distance of 551.30 feet; thence north 56°-56'-
18" east, a distance of 552.87 feet; thence south 89°-4r-09" west, 
a distance of 1072.00 feet to the point of beginning (containing 
21.43 acres, more or less). 
SEC. 1081. INFRASTRUCTURE INVESTMENT COMMISSION. 
(a) ESTABLISHMENT OF COMMISSION.—There is established a 
commission to be known as the "Commission to Promote Investment 
in America's Infrastructure" (hereinafter in this section referred to 
as the "Commission"). 
(b) FUNCTION OF COMMISSION.—It shall be the function of the 
Commission to conduct a study on the feasibility and desirability of 
creating a type of infrastructure security to permit the investment 
of pension funds in funds used to design, plan, and construct infra-
structure facilities in the United States. Such study may also in-
clude an examination of other methods of encouraging public and 
private investment in infrastructure facilities. 
(c) MEMBERSHIP.— 
(1) NUMBER AND APPOINTMENT.—The Commission shall be 
composed of 7 members appointed as follows: 
(A) 2 members appointed by the majority leader of the 
Senate. 
(B) 2 members appointed by the Speaker of the House of 
Representatives. 
(C) 1 member appointed by the President. 
(D) 1 member appointed by the minority leader of the 
Senate. 
PUBLIC LAW 102-240—DEC. 18,1991 
105 STAT. 2021 
(E) 1 member appointed by the minority leader of the 
House of Representatives. 
(2) QuAUFiCATiONS.—Members of the Commission shall have 
appropriate backgrounds in finance, construction lending, 
actuarial disciplines, pensions, and infrastructure policy dis-
ciplines. 
(3) CHAIRPERSON.—The Chairperson of the Commission shall 
be elected by the members. 
(d) PAY AND TRAVEL EXPENSES.—Members shall serve without pay 
but shall be allowed travel expenses, including per diem in lieu of 
subsistence, while away from their homes or regular places of 
business in the performance of services for the Commission in the 
same manner as persons employed intermittently in the Govern-
ment service are allowed under section 5703 of title 5, United States 
Code. 
(e) STAFF.—Subject to such rules as may be prescribed by the 
Commission, the Chairperson may^— 
(1) appoint and fix the pay of an executive director, a general 
counsel, and such additional staff as the Chairperson considers 
necessary, without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive service, 
and without regard to chapter 51 and subchapter III of chapter 
53 of such title relating to classification and General Schedule 
pay rates, except that the rate of pay for such staff members 
may not exceed the rate payable for level V of the Executive 
Schedule under section 5316 of title 5, United States Code; and 
(2) procure temporary and intermittent services to the same 
extent as is authorized by section 3109(b) of title 5, United 
States Code, at rates for individuals which do not exceed the 
daily equivalent of the annual rate of basic pay prescribed for 
level V of the Executive Schedule under section 5316 of such 
title. 
(f) REPORT.—Not later than 180 days after the date of the enact-
ment of this Act, the Commission shall transmit to the President 
and Congress a report containing its findings and recommendations. 
(g) TERMINATION.—The Commission shall terminate on the 180th 
day following the date of the submission of its report under subsec-
tion (f). 
SEC. 1082. DEAUTHORIZATION OF ACADEMY CREEK FEATURE OF THE 
BRUNSWICK HARBOR, GEORGIA, PROJECT. 
The Academy Creek feature of the Brunswick Harbor, Georgia, 
project, authorized for construction by the River and Harbor Act of 
1907 in accordance with House Document 407, 59th Congress, shall 
not be authorized after the date of the enactment of this Act. 
SEC. 1083. NAMINGS. 
(a) WiLUAM H. HARSHA BRIDGE.—The United States Route 68 
bridge across the Ohio River between Aberdeen, Ohio, and 
Maysville, Kentucky, shall be known and designated as the "Wil-
liam H. Harsha Bridge". 
(b) J. CuFFORD NAUGLE BYPASS.—The highway bypass being con-
structed around the Borough of Ligonier in Westmoreland County, 
Pennsylvania, shall be known and designated as the "J. Clifford 
Naugle Bypass". 
(c) LiNDY CLAIBORNE BOGGS LOCK AND DAM.— 
105 STAT. 2022 
PUBLIC LAW 102-240—DEC. 18, 1991 
(1) DESIGNATION.—The lock and dam numbered 1 on the Red 
River Waterway in Louisiana shall be known and designated as 
the "Lindy Claiborne Boggs Lock and Dam". 
(2) REFERENCE.—Any reference in any law, regulation, docu-
ment, record, map, or other paper of the United States to the 
lock and dam referred to in paragraph (1) shall be deemed to be 
a reference to the "Lindy Boggs Lock and Dam". 
(d) JOSEPH RALPH SASSER BOAT RAMP.— 
(1) DESIGNATION.—The boat ramp constructed on the left bank 
of the Mississippi River at River Mile 752.5 at Shelby Forest in 
Shelby County, Tennessee, shall be known and designated as 
the "Joseph Ralph Sasser Boat Ramp". 
(2) LEGAL REFERENCE.—A reference to any law, map, regula-
tion, document, record, or other paper of the United States to 
such boat ramp shall be deemed to be a reference to the "Joseph 
Ralph Sasser Boat Ramp". 
Arkansas. 
SEC. 1084. SIGNING OF UNITED STATES HIGHWAY 71. 
The Arkansas State Highway and Transportation Department 
shall erect the signs along United States Highway 71 from the 1-40 
intersection to the Missouri-Arkansas State line which are required 
to be erected by the Arkansas State law designated as Act 6 of 1989. 
SEC. 1085. CONTINUATION OF AUTHORIZATION FOR RHODE ISLAND 
NAVIGATION PROJECT. 
(a) CONTINUATION OF AUTHORIZATION.—Notwithstanding section 
1001(a) of the Water Resources Development Act of 1986, the project 
for navigation. Providence, Rhode Island, authorized by section 
1166(c) of the Water Resources Development Act of 1986, shall 
remain authorized to be carried out by the Secretary. 
(b) TERMINATION DATE.—The project described in subsection (a) 
shall not be authorized for construction after the last day of the 5-
year period that begins on the date of the enactment of this Act 
unless, during this period, funds have been obligated for construc-
tion, including planning and design, of the project. 
SEC. 1086. PENSACOLA, FLORIDA. 
(a) STUDY.—The Secretary shall conduct a study of the feasibility 
of constructing, in accordance with standards applicable to Inter-
state System highways, a 4-lane highway connecting Interstate 
Route 65 and Interstate Route 10 in the vicinity of Pensacola, 
Florida. 
(b) REPORT.—Not later than 2 years after the date of the enact-
ment of this Act, the Secretary shall transmit to Congress a report 
on the results of the study conducted under this section, together 
with recommendations for the location of a corridor in which to 
construct the highway described in subsection (a). 
SEC. 1087. INCLUSION OF CALHOUN COUNTY, MISSISSIPPI, IN AP-
PALACHIA. 
Section 403 of the Appalachian Regional Development Act of 1965 
(40 U.S.C. App. 403) is amended in the fifth undesignated paragraph 
of such section by inserting "Calhoun," after "Benton,". 
23 u s e 402 note. 
SEC. 1088. HANDICAPPED PARKING SYSTEM. 
(a) STUDY.—The Secretary shall conduct a study of the progress 
being made by the States in adopting and implementing the uniform 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2023 
system for handicapped parking established in regulations issued by 
the Secretary pursuant to Public Law 100-641 (102 Stat. 3335). 
flj) REPORT.—Not later than 2 years after the date of the enact-
ment of this Act, the Secretary shall transmit a report to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Public Works and Transportation of the House of 
Representatives on the results of the study conducted under this 
section. 
SEC. 1089. FEASIBILITY OF INTERNATIONAL BORDER HIGHWAY INFRA- 23 USC 144 note. 
STRUCTURE DISCRETIONARY PROGRAM. 
(a) STUDY.—The Secretary shall conduct a study of the advisability 
and feasibility of establishing an international border highway 
infrastructure discretionary program. The purpose of such a pro-
gram would be to enable States and Federal agencies to construct, 
replace, and rehabilitate highway infrastructure facilities at inter-
national borders when such States, agencies, and the Secretary find 
that an international bridge or a reasonable segment of a major 
highway providing access to such a bridge (1) is important; (2) is 
unsafe because of structural deficiencies, physical deterioration, or 
functional obsolescence; (3) poses a safety hazard to highway users; 
(4) by its construction, replacement, or rehabilitation, would mini-
mize disruptions, delays, and costs to users; or (5) by its construction, 
replacement, or rehabilitation, would provide more efficient routes 
for international trade and commerce. 
(b) REPORT.—Not later than September 30, 1993, the Secretary 
shall transmit to Congress a report on the results of the study 
conducted under this section, together with any recommendations to 
the Secretary. 
SEC. 1090. METHODS 
TO 
REDUCE 
TRAFFIC 
CONGESTION 
DURING 
CONSTRUCTION. 
(a) SENSE OF CONGRESS.—It is the sense of Congress that many 
highway projects are carried out in a way which unnecessarily 
disrupts traffic flow during construction and that methods need to 
be adopted to eliminate or reduce these disruptions. 
Qa) STUDY.—The Secretary shall conduct a study on methods of 
enhancing traffic flow and minimizing traffic congestion during 
construction of Federal-aid highway projects and on costs associated 
with implementing such methods. 
(c) CONSIDERATIONS.—In conducting the study under this section, 
the Secretary shall consider— 
(1) the feasibility of carrying out construction of Federal-aid 
highway projects during off-peak periods and limiting closure of 
highway lanes on Federal-aid highways to portions of highways 
for which actual construction is in progress and for which safety 
concerns require closure; and 
(2) the need for establishment and operation by each State of 
a toll-free telephone number to receive complaints and provide 
information regarding the status of construction on Federal-aid 
highways in the State. 
(d) REPORT.—Not later than September 30, 1992, the Secretary 
shall transmit to Congress a report on the results of the study 
conducted under this section, together with such recommendations 
as the Secretary considers appropriate. 
105 STAT. 2024 
PUBLIC LAW 102-240—DEC. 18, 1991 
23 use 106 note. 
SEC. 1091. STUDY OF VALUE ENGINEERING. 
(a) STUDY.—The Secretary shall study the effectiveness and bene-
fits of value engineering review programs applied to Federal-aid 
highway projects. Such study shall include an analysis of and the 
results of specialized techniques utilized in all facets of highway 
construction for the purpose of reduction of costs and improvement 
of the overall quality of Federal-aid highway projects. 
(b) REPORT.—Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall report to Congress on the results of 
the study under subsection (a), including recommendations on how 
value engineering could be utilized and improved in Federal-aid 
highway projects. 
23 use 112 note. SEC. 1092. PILOT PROGRAM FOR UNIFORM AUDIT PROCEDURES. 
(a) EsTABUSHMENT.—The Secretary shall establish a pilot pro-
gram under which any contract or subcontract awarded in accord-
ance with section 112(bX2XA) of title 23, United States Code, shall be 
performed and audited in compliance with cost principles contained 
in the Federal acquisition regulations of part 31 of title 48 of the 
Code of Federal Regulations. The pilot program under this section 
shall include participation of not more than 10 States. 
(b) INDIRECT COST RATES.—In lieu of performing their own audits, 
the States participating in the pilot program shall accept indirect 
cost rates established in accordance with the Federal acquisition 
regulations for 1-year applicable accounting periods by a cognizant 
government agency or audited by an independent certified public 
accountant, if such rates are not currently under dispute. Once a 
firm's indirect cost rates are accepted, all the recipients of such 
funds shall apply such rates for the purposes of contract estimation, 
negotiation, administration, reporting, and contract payment and 
shall not be limited by administrative or defacto ceilings in accord-
ance with section 15.901(c) of such title 48. A recipient of such funds 
requesting or using the cost and rate data described in this subsec-
tion shall notify any affected firm before such request or use. Such 
data shall be confidential and shall not be accessible or provided, in 
whole or in part, to any other firm or to any government agency 
which is not part of the group of agencies sharing cost data under 
this subsection, except by written permission of the audited firm. If 
prohibited by law, such cost and rate data shall not be disclosed 
under any circumstances. 
(c) REPORT.—Each State participating in the pilot program shall 
report to the Secretary not later than 3 years after the date of the 
enactment of this Act on the results of the program. 
SEC. 1093. RENTAL RATES. 
Within 1 year after the date of the enactment of this Act, the 
Comptroller General shall complete a study on equipment rental 
rates for use in reimbursing contractors for extra work on Federal-
aid projects. Such study shall include an analysis of the reasonable-
ness of currently accepted equipment rental costs, adequacy of 
adjustments for regional or climactic differences, adequacy of 
consideration of mobilization costs, loss of time and productivity 
attendant to short-term usage of equipment, and approvals of rental 
rate costs by the Federal Highway Administration. 
PUBLIC LAW 102-240—DEC. 18,1991 
105 STAT. 2025 
SEC. 1094. STUDY ON STATE COMPLIANCE WITH REQUIREMENTS FOR 23 USC159 note. 
REVOCATION AND SUSPENSION OF DRIVERS' LICENSES. 
(a) STUDY.—The Secretary shall conduct a study of State efforts to 
comply with the provisions of section 333 of the Department of 
Transportation and Related Agencies Appropriations Acts, 1991 and 
1992, relating to revocation and suspension of drivers' licenses. 
(b) REPORT.—Not later than December 31, 1992, the Secretary 
shall transmit to Congress a report on the results of the study 
conducted under this section. 
SEC. 1095. BROOKLYN COURTHOUSE. 
The Administrator of the General Services Administration is 
authorized to enter into a lease with the United States Postal 
Service for space to house the Federal Courts and related Federal 
agencies in Brooklyn, New York. The Administrator is further 
authorized— 
(1) to advance the amount provided in the fiscal year 1992 
Treasury, Postal Service, and General Government Appropria-
tion Act to the Postal Service to expedite the start of construc-
tion; and 
(2) to transfer the present Emanuel Celler Federal Building 
and Courthouse in Brookljrn to the Postal Service. 
SEC. 1096. BORDER STATION INTERNATIONAL FALLS, MINNESOTA. 
The Administrator of the General Services Administration is 
authorized to provide for the construction of a 9,000 occupiable 
square foot border station at International Falls, Minnesota, at a 
total estimated cost of $2,480,000, in accordance with an amended 
prospectus submitted by the General Services Administration to the 
Senate Committee on Environment and Public Works on June 19, 
1991. 
SEC. 1097. MILLER HIGHWAY. 
The Secretary shall deem the independent proposals to construct 
a new highway facility in the Route 9A corridor between the Battery 
and 59th Street, and to relocate the existing Miller Highway facility, 
between 59th Street and 72nd Street, on the west side of Manhattan, 
New York, New York, to be separate and distinct projects for the 
purposes of compliance with any applicable Federal laws. 
SEC. 1098. ALLOCATION FORMULA STUDY. 
23 USC 104 note. 
(a) The General Accounting Office in conjunction with the Bureau 
of Transportation Statistics created pursuant to title VI of this Act, 
shall conduct a thorough study and recommend to the Congress 
within 2 years after the date of the enactment of this Act a fair and 
equitable apportionment formula for the allocation of Federal-aid 
highway funds that best directs highway funds to the places of 
greatest need for highway maintenance and enhancement based on 
the extent of these highway systems, their present use, and in-
creases in their use. 
(b) The results of this study shall be presented to the Senate 
Committee on Environment and Public Works and the House 
Committee on Public Works and Transportation on or before Janu-
ary 1, 1994, and shall be considered by these committees as they 
reauthorize the surface transportation program in 1996. 
105 STAT. 2026 
PUBLIC LAW 102-240—DEC. 18, 1991 
SEC. 1099. ESTABLISHMENT OP INTERSTATE STUDY COMMISSION. 
For the National Capital Region, comprised of the Washington, 
D.C., Metropolitan Statistical Area, a commission is established to 
recommend new mechanisms, authority, and/or agreements to fund, 
develop, and manage the transportation system of the National 
Capital Region, and primarily focusing on interstate highway and 
bridge systems. The commission shall develop its recommendations 
consistent with the transportation planning requirements for metro-
politan areas as contained elsewhere in this bill. The study commis-
sion shaU. report to the Congress, the Department of Transportation, 
the Grovernors of Maryland and Virginia, the Mayor of the District 
of Columbia, and the National Capital Region Transportation Plan-
ning Board, the designated Metropolitan Planning Organization 
(MPO) for the Washington metropolitan area, no later than 12 
months from the date of passage of this legislation. Representatives 
on the commission shall include a Member of Congress from each of 
Maryland, Virginia, and the District of Columbia; the Governors of 
Maryland and Virginia and the Mayor of the District of Columbia; 1 
local elected official from each State and the District of Columbia 
appointed by the National Capital Region Transportation Planning 
Board; 3 private sector representatives appointed by the Governors 
and the Mayor; and the commission chairman to be appointed by 
Appropriation 
the Secretary of Transportation. There is authorized to be appro-
23 U^To4°" te 
Priated for the purposes of carrjdng out this section such sums as 
'^^ • may be necessary for the commission to carry out its functions. 
SEC. 1100. EFFECTIVE DATE; APPLICABILITY; CERTAIN UNOBLIGATED 
BALANCES. 
(a) GENERAL RULE.—This title, including the amendments made 
by this title, shall take effect on the date of the enactment of this 
Act. 
O
k
)
) APPUCABILITY.—The amendments made by this title shall 
apply to funds authorized to be appropriated or made available after 
September 30, 1991, and, except as otherwise provided in subsection 
(c), shall not apply to funds appropriated or made available on or 
before September 30,1991. 
(c) UNOBUGATED BALANCES.— 
(1) IN GENERAL.—Unobligated balances of funds apportioned 
to a State under sections 104(b)(1), 104(b)(2), 104(b)(5XB), and 
104(b)(6) of title 23, United States Code, before October 1, 1991, 
shall be available for obligation in that State under the law, 
regulations, policies and procedures relating to the obligation 
and expenditure of those funds in effect on September 30, 1991. 
(2) TRANSFERABIUTY.— 
(A) PRIMARY SYSTEM.—A State may transfer unobligated 
balances of funds apportioned to the State for the Federal-
aid primary system before October 1,1991, to the apportion-
ment to such State under section 104(b)(1) or 104(b)(3) of 
title 23, United States C!ode, or both. 
(B) SECONDARY AND URBAN SYSTEM.—A State may trans-
fer unobligated balances of funds apportioned to the State 
for the Federal-aid secondary system or the Federal-aid 
urban system before October 1, 1991, to the apportionment 
to such State under section 104(bX3) of such title. 
(C) APPUCABILITY OF CERTAIN LAWS, REGULATIONS, POU-
CIES, AND PROCEDURES.—Funds transferred under this para-
graph shall be subject to the laws, regulations, policies, and 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2027 
procedures relating to the apportionment to which they are 
transferred. 
SEC. 1101-1102. STUDY ON IMPACT OF CLIMATIC CONDITIONS. 
(a) STUDY.—The Secretary shall conduct a study of the effects of 
climatic conditions on the costs of highway construction and mainte-
nance. The study shall take into account such climatic conditions as 
freezing, thawing, and precipitation and the impact of climatic 
conditions on increased highway design costs and decreased high-
way service life in the various regions of the United States. 
(b) REPORT.—Not later than September 30, 1993, the Secretary 
shall transmit to Congress a report on the results of the study 
conducted under this section, together with such recommendations 
£is the Secretary considers appropriate. The report shall include a 
description of the implications of the differing costs on the allocation 
of highway funds to the States. 
SEC. 1103. HIGH COST BRIDGE PROJECTS. 
(a) PURPOSE.—The purpose of this section is to provide funds to 
accelerate construction of high cost bridge projects. 
(b) AUTHORIZATION OF PROJECTS.—The Secretary is authorized to 
carry out the high cost of bridge projects described in this subsec-
tion. Subject to subsection (c), there is authorized to be appropriated 
out of the Highway Trust Fund (other than the Mass Transit 
Account) for fiscal years 1992 through 1997 to carry out each such 
project the amount listed for each such project: 
23 u s e 104 note. 
CITY/STATE 
HIGH COST BRIDGES 
AMOUNT 
in 
millions 
1. 
Delaware, Oklahoma 
2. 
Eugene, Oregon 
3. 
Beaver County, Pennsylva 
nia 
, 
4. 
Arkansas 
, 
5. 
Gloucester Point, Virginia 
6. 
San Frsmcisco, California ... 
7. 
Cape 
May 
& 
Atlantic 
Counties, New Jersey 
8. 
Ohio. 
9. 
Maine 
10. 
Shakopee, Minnesota. 
Construction 
of 
a 
replacement 
bridge on U.S. Rt. 59 over Grand 
Lake in Delaware, Oklahoma 
Construction of the Ferry Street 
Bridge 
Construction 
of Aliquippa 
Am-
bridge Bridge of Beaver County, 
Pennsylvsuiia 
For an expanded study of environ-
mental impact and geo technical 
information for Arkansas-Missis-
sippi Great River Bridge 
Provide for additional crossing ca-
pacity of the York River 
For preliminary work associated 
with the seismic upgrading of 
the Golden Gate Bridge in San 
Francisco, California 
Replace critically important bridge 
between Ocean City and Long-
port, New Jersey 
Conduct environmental and feasi-
bility studies for the construc-
tion of a bridge or tunnel across 
the Maumee River in the vicini-
ty of an existing left span bridge. 
Donald B. Carter Memorial Bridge . 
Bloomington Ferry Bridge replace-
ment, Shakopee, Minnesota 
9.7 
23.7 
25.0 
0.8 
11.8 
5.9 
18.4 
1.0 
32.1 
22.0 
105 STAT. 2028 
PUBLIC LAW 102-240—DEC. 18, 1991 
CITY/STATE 
11. 
12. 
13. 
14. 
15. 
Charleston, South Caroli-
na 
Ft. Lauderdale, 
Maryland 
New York 
Miami, Florida. 
Florida 
HIGH COST BRIDGES 
Highway 17 Bridge replacement 
projects: Cooper River, Charles-
ton, South Carolina 
17th 
Street Causeway Tunnel/ 
Bridge replacement. Ft. Lauder-
dale, Florida 
Woodrow Wilson Bridge rehabilita-
tion 
Macomb Dam Bridge, Manhattan 
Bridge Rehabilitation Project, 
Queensboro Bridge—Rehabilita-
tion of Main Span, Williamsburg 
Bridge Rehabilitation Project, 
Brookljm Bridge Rehabilitation.... 
Complete construction of Dodge 
Island Bridge 
AMOUNT 
in 
millions 
14.2 
13.6 
29.6 
74.0 
3.4 
(c) ALLOCATION PERCENTAGES.—8 percent of the amount allocated 
by subsection (b) for each project authorized by subsection (b) shall 
be available for obligation in fiscal year 1992. 18.4 percent of such 
amount shall be available for obligation in each of fiscal years 1993, 
1994,1995,1996, and 1997. 
(d) FEDERAL SHARE.—The Federal share payable on account of any 
project under this section shall be 80 percent of the cost thereof. 
(e) DELEGATION TO STATES.—Subject to the provisions of title 23, 
United States Code, the Secretary shall delegate responsibility for 
construction of a project or projects under this section to the State in 
which such project or projects are located upon request of such 
State. 
(f) ADVANCE CONSTRUCTION.—When a State which has been dele-
gated responsibility for construction of a project under this section— 
(1) has obligated all funds allocated under this section for 
construction of such project; and 
(2) proceeds to construct such project without the aid of 
Federal funds in accordance with all procedures and all require-
ments applicable to such project, except insofar as such proce-
dures and requirements limit the State to the construction of 
projects with the aid of Federal funds previously allocated to it; 
the Secretary, upon the approval of the application of a State, shall 
pay to the State the Federal share of the cost of construction of the 
project when additional funds are allocated for such project under 
this section. 
(g) APPUCABILITY OF TITLE 23.—Funds authorized by this section 
shall be available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States Code, 
except that the Federal share of the cost of any project under this 
section shall be determined in accordance with this section and such 
funds shall remain available until expended. Funds authorized by 
this section shall not be subject to any obligation limitation. 
SEC. 1104. CONGESTION RELIEF PROJECTS. 
(a) PURPOSE.—The purpose of this section is to improve methods of 
congestion relief. 
(b) AUTHORIZATION OF PROJECTS.—The Secretary is authorized to 
carry out the congestion relief projects described in this subsection. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2029 
Subject to subsection (c), there is authorized to be appropriated out 
of the Highway Trust Fund (other than the Mass Transit Account) 
for Ascal years 1992 through 1997 to carry out each such project the 
amount listed for each such project: 
1. 
2. 
1 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
CITY/STATE 
Long Beach, California 
Philadelphia, 
Pennsylva-
nia 
Davidson-Williamson 
County, Tennessee 
East St. Louis, Illinois to 
St. Louis, Missouri 
St. Louis, Missouri 
District of Columbia 
Buffalo, New York 
Nashua, New Heunpshire .... 
Las Vegas, Nevada 
San Diego, California 
Los Angeles, California 
North Dakota 
Babylon, New York 
Dixon, California 
Fairfield, California 
-
St. Louis, Missouri 
Murfreesbro, Tennessee 
CONGESTION RELIEF 
Construction of HOV Lanes on I-
710 
Project to Construct Bridge-Pratt 
Terminal as part of an 1-95 re-
construction mitigation project 
Study and construction of the Da-
vidson-Williamson Bike Path 
To conduct a study to determine 
the feasibility of a bridge be-
tween East St. Louis, Illinois and 
St. Louis, Missouri 
Relocation of Lindbergh Boulevard 
and Interstate 70 at St. Louis 
Lambert Airport 
Primary 
Intermodal 
System, 
Washington, D.C 
Construction of Peace Bridge truck 
inspection facility 
Nashua 
River 
Bridge, 
Nashua, 
New 
Hampshire—Construction 
of second bridge 
Reconstruct and upgrade I-15/U.S. 
95 (Spaghetti Bowl) 
Construct 1 block of Cut and Cover 
Tunnel on Rt. 15 in downtown 
San Diego, California 
To extend I-llO North from its 
current terminus at I-IO into 
downtown Los Angeles via Cen-
tral City West Area in Los Ange-
les, California 
Design and construct 7.5 mile 
bypass around Lincoln 
State 
Park 
Construct turning lanes, sign up-
grades, traffic signal intercon-
nections and road repair and re-
surfacing 
To improve 3 grade crossings in 
Dixon, California 
To construct 2 park & ride facili-
ties, an information center and 
transfer hub for 1-80 express 
and local bus service 
Feasibility study for interchange 
improvements for 1-255 at Rt. 
231, St. Louis, Missouri 
Conduct a feasibility study of con-
structing a bicycle system as an 
alternative form of commuter 
transportation, air pollution re-
duction, and enhance recreation... 
To make improvements on the 
Van Wyck Expressway to im-
prove traffic flow, Long Island, 
AMOUNT 
in 
millions 
7.4 
34.5 
1.0 
1.4 
14.8 
6.8 
19.5 
1.2 
45.0 
5.0 
10.1 
1.1 
2.1 
1.8 
7.7 
0.1 
0.4 
3.6 
105 STAT. 2030 
PUBLIC LAW 102-240—DEC. 18, 1991 
CITY/STATE 
CONGESTION RELIEF 
AMOUNT 
in 
millions 
19. 
Fox River Valley, Illinois... 
20. 
Prince George's County, 
Maryland 
21. 
Toledo, Ohio 
22. 
Boston, Massachusetts 
23. 
Tucson, Arizona 
24. 
Victorville, California 
25. 
Palm Beach, Florida 
26. 
Pennsylvania 
27. 
Maine 
28. 
Rankin County, Mississip-
pi 
29. 
Kansas 
30. 
Broward County, Florida.... 
31. 
Idaho 
32. 
Michigan 
33. 
Prince 
William 
County, 
Virginia 
34. 
St. Thomas, Virgin Islemds. 
35. 
Merrillville, Indiana 
36. 
Milwaukee and Waukesha 
Counties, Wisconsin 
37. 
Richmond, California 
38. 
New York, New York 
39. 
Louisville, Kentucky 
40. 
Sunnjrvale, California 
41. 
Ohio 
Study, plan and construct up to 8 
bridges across the Fox River 
To 
rehabilitate 
the 
Baltimore-
Wsishington Parkway in Prince 
Greorge's County, Maryland 
Conduct study of possible safety 
and traffic delay improvement 
benefits in 6 corridors 
To plan and construct a bicycle 
and pedestrian path connecting 
Arlington, 
Cambridge 
and 
Boston, Massachusetts 
To make interchange 
improve-
ments at Oracle and Orange 
Grove Roads in Tucson, Arizona.. 
Construct 
interchange 
1 
mile 
north of Palmdale Road on 1-15... 
Acquire right-of-way and construct 
and widen to 4 lanes 19 mile 
segment of U.S. 27 
Improve River Street, Towanda 
Borough and North Towanda 
Township 
to 
form 
highway 
bypass 
Topsham-Brunswick Bypass 
East-Metro Center Access Road 
West 
Leavenworth 
Trafficway 
Project, Leavenworth, Kansas 
Hallandale 
Bridge 
Project, 
Broward County, Florida 
Any of the Federal-aid projects eli-
gible for funding under title 23, 
United States Code, located in 
Bannock 
or Caribou 
County, 
shall be eligible for funding 
I-75/M57 
Interchange 
improve-
ment in the vicinity of Vienna 
Township, Michigan 
1-95 HOV lane extension 
Construction 
of 
Raphune 
Hill 
Bypass, St. Thomas, Virgin Is-
lands 
Construction of four lane road and 
overpass 
1-794 
Bicycle 
Transportation 
Project in Milwaukee and Wau-
kesha Counties, Wisconsin 
1-80 Richmond Parkway Inter-
change 
Construction of Williamsburg to 
Holland Tunnel Bjrpass 
Waterfront Development Roadway 
Improvements 
HOV lane improvements on Law-
rence Expressway 
Construction of a bicycle/pedestri-
an facility from Greene County, 
Ohio, to Dayton, Ohio 
8.3 
16.3 
0.24 
1.2 
3.9 
2.7 
5.5 
8.8 
10.5 
4.6 
8.6 
8.5 
10.1 
8.9 
13.5 
18.4 
1.8 
1.5 
1.8 
3.6 
4.7 
10.1 
3.0 
PUBLIC LAW 102-240—DEC. 18, 1991 
CITY/STATE 
42. 
43. 
44. 
Jefferson 
County 
and 
Berkeley Ck)unty, West 
Virginia 
West Virginia 
Maine 
CONGESTION RELIEF 
Improvements of State Highway 9 
from Martinsburg, West Virgin-
to Virginia State line 
Construction of the Coal Fields Ex-
pressway from Beckley, West 
Virginia to Virginia State line 
Improvements 
to the 
Carlton 
Bridge in Bath-Woolwich 
105 STAT. 2031 
AMOUNT 
in 
millions 
110.0 
50.0 
10 0 
(c) ALLOCATION PERCENTAGES.—8 percent of the amount allocated 
by subsection (b) for each project authorized by subsection (b) shall 
be available for obligation in fiscal year 1992. 18.4 percent of such 
amount shall be available for obligation in each of fiscal years 1993, 
1994,1995,1996, and 1997. 
(d) FEDERAL SHARE.—The Federal share payable on account of any 
project under this section shall be 80 percent of the cost thereof. 
(e) DELEGATION TO STATES.—Subject to the provisions of title 23, 
United States Code, the Secretary shall delegate responsibility for 
construction of a project or projects under this section to the State in 
which such project or projects are located upon request of such 
State. 
(f) ADVANCE CONSTRUCTION.—When a State which has been dele-
gated responsibility for construction of a project under this section— 
(1) has obligated all funds allocated under this section for 
construction of such project; and 
(2) proceeds to construct such project without the aid of 
Federal funds in accordance with all procedures and all require-
ments applicable to such project, except insofar as such proce-
dures and requirements limit the State to the construction of 
projects with the aid of Federal funds previously allocated to it; 
the Secretary, upon the approval of the application of a State, shall 
pay to the State the Federal share of the cost of construction of the 
project when additional funds are allocated for such project under 
this section. 
(g) APPUCABILITY OF TITLE 23.—Funds authorized by this section 
shall be available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States Code, 
except that the Federal share of the cost of any project under this 
section shall be determined in accordance with this section and such 
funds shall remain available until expended. Funds authorized by 
this section shall not be subject to any obligation limitation. 
SEC. 1105. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM. 
(a) FINDINGS.—The Congress finds that— 
(1) the construction of the Interstate Highway System con-
nected the major population centers of the Nation and greatly 
enhanced economic growth in the United States; 
(2) many regions of the Nation are not now adequately served 
by the Interstate System or comparable highways and require 
further highway development in order to serve the travel and 
economic development needs of the region; and 
105 STAT. 2032 
PUBLIC LAW 102-240—DEC. 18, 1991 
(3) the development of transportation corridors is the most 
efficient and effective way of integrating regions and improving 
efficiency and safety of commerce and travel and further 
promoting economic development. 
(b) PURPOSE.—It is the purpose of this section to identify highway 
corridors of national significance; to include those corridors on the 
National Highway System; to allow the Secretary, in cooperation 
with the States, to prepare long-range plans and feasibility studies 
for these corridors; to allow the States to give priority to funding the 
construction of these corridors; and to provide increased funding for 
segments of these corridors that 
have been identified 
for 
construction. 
(c) IDENTIFICATION OF HIGH PRIORITY CORRIDORS ON NATIONAL 
HIGHWAY SYSTEM.—The following are high priority corridors on the 
National Highway System: 
(1) North-South Corridor from Kansas City, Missouri, to 
Shreveport, Louisiana. 
(2) Avenue of the Saints Corridor from St. Louis, Missouri, to 
St. Paul, Minnesota. 
(3) East-West Transamerica Corridor. 
(4) Hoosier Heartland Industrial Corridor from Lafayette, 
Indiana, to Toledo, Ohio. 
(5) 1-73/74 North-South Corridor from Charleston, South 
Carolina, through Winston-Salem, North Carolina, to Ports-
mouth, Ohio, to Cincinnati, Ohio, and Detroit, Michigan. 
(6) United States Route 80 Corridor from Meridian, Mis-
sissippi, to Savannah, Georgia. 
(7) East-West Corridor from Memphis, Tennessee, through 
Huntsville, Alabama, to Atlanta, Georgia, and Chattanooga, 
Tennessee. 
(8) Highway 412 East-West Corridor from Tulsa, Oklahoma, 
through Arkansas along United States Route 62/63/65 to Nash-
ville, Tennessee. 
(9) United States Route 220 and the Appalachian Thruway 
Corridor from Business 220 in Bedford, Pennsylvania, to the 
vicinity of Corning, New York. 
(10) Appalachian Regional Corridor X. 
(11) Appalachian Regional Corridor V. 
(12) United States Route 25E Corridor from Corbin, Kentucky, 
to Morristown, Tennessee, via Cumberland Gap, to include that 
portion of Route 58 in Virginia which lies within the Cum-
berland Gap Historical Park. 
(13) Raleigh-Norfolk Corridor, Raleigh, North Carolina, to 
Norfolk, Virginia. 
(14) Heartland Expressway from Denver, Colorado, through 
Scottsbluff, Nebraska, to Rapid City, South Dakota. 
(15) Urban Highway Corridor along M-59 in Michigan. 
(16) Economic Lifeline Corridor along 1-15 and 1-40 in Califor-
nia, Arizona, and Nevada. 
(17) Route 29 Corridor from Greensboro, North Carolina, to 
the District of Columbia. 
(18) Corridor from Indianapolis, Indiana, to Memphis, Ten-
nessee, via Evansville, Indiana. 
(19) United States Route 395 Ck)rridor from the United States-
Canadian border to Reno, Nevada. 
(20) United States Route 59 Corridor from Laredo, Texas, 
through Houston, Texas, to the vicinity of Texarkana, Texas. 
PUBLIC LAW 102-240—DEC. 18,1991 
105 STAT. 2033 
(21) United States Route 219 Corridor from Buffalo, New 
York, to the intersection of United States Route 17 in the 
vicinity of Salamanca, New York. 
(d) INCLUSION ON NHS.—The Secretary shall include all corridors 
identified in subsection (c) on the proposed National Highway 
System submitted to Congress under section 103(b)(3) of title 23, 
United States Code. 
(e) PROVISIONS APPUCABLE TO CORRIDORS.— 
(1) LONG-RANGE PLAN.—The Secretary, in cooperation with 
the affected State or States, may prepare a long-range plan for 
the upgrading of each corridor to the appropriate standard for 
highways on the National Highway System. Each such plan 
may include a plan for developing the corridor and a plan for 
financing the development. 
(2) FEASIBIUTY STUDIES.—The Secretary, in cooperation with 
the affected State or States, may prepare feasibility and design 
studies, as necessary, for those corridors for which such studies 
have not been prepared, A feasibility study may be conducted 
under this subsection with respect to the corridor described in 
subsection (cX2), relating to Avenue of the Saints, to determine 
the feasibility of an adjunct to the Avenue of the Saints serving 
the southern St. Louis metropolitan area and connecting with I-
55 in the vicinity of Route A in Jefferson County, Missouri. 
(3) CERTIFICATION ACCEPTANCE.—The Secretary may discharge 
any of his responsibilities under title 23, United States Code, 
relative to projects on a corridor identified under subsection (c), 
upon the request of a State, by accepting a certification by the 
State in accordance with section 117 of such title. 
(4) ACCELERATION OF PROJECTS.—To the maximum extent fea-
sible, the Secretary may use procedures for acceleration of 
projects in carrying out projects on corridors identified in 
subsection (c). 
(f) HIGH PRIORITY SEGMENTS.—Highway segments of the corridors 
referred to in subsection (c) which are described in this subsection 
are high priority segments eligible for assistance under this section. 
Subject to subsection (gX2), there is authorized to be appropriated 
out of the Highway Trust Fund (other than the Mass Transit 
Account) for fiscal years 1992 through 1997 to carry out a project on 
each such segment the amount listed for each such segment: 
Appropriation 
authorization. 
CITY/STATE 
1. 
2. 
3. 
4. 
Pennsylvania 
Alabama, Georgia, Missis-
sippi, Tennessee 
Missouri 
Arkansas 
HIGH PRIORITY CORRIDORS 
For upgrading U.S. 220 High Pri-
ority 
and the Appalachian 
Thruway Corridor between State 
College and 1-80 
Upgrading of the East-West Corri-
dor along Rt. 72 
Improvement of North-South Cor-
ridor along Highway 71, South-
western, MO 
For construction of Highway 412 
from Siloam Springs to Spring-
dale, Arkansas as part of High-
A M O U N T 
in 
millions 
50.7 
25.4 
3.6 
34.0 
105 STAT. 2034 
PUBLIC LAW 102-240—DEC. 18, 1991 
CITY/STATE 
5 
6 
7 
8 
q 
10 
11 
1? 
13. 
^^ 
15 
18 
17. 
18 
Arkansas 
Pennsylvania 
S. Dakota/Nebraska 
Alabama 
Alabama 
West Virginia 
West Virginia 
West Virginia 
North Carolina/Virginia.... 
Arkansas 
Michigan 
South Dakota, Colorado, 
Nebraska 
Indiana 
HIGH PRIORITY CORRIDORS 
For construction of Highway 412 
from Harrison to Springdale, Ar-
kansas as part of the Highway 
412 East-West Corridor 
To improve U.S. 220 to a 4-lane 
limited 
access highway 
from 
Bald Eagle northward to the 
intersection of U.S. 220 and U.S. 
322 
Conduct a feasibility study of ex-
pressway from Rapid City, S. 
Dakota to Scotts Bluff, Nebraska.. 
Construction of Appalachian High-
way Corridor X from Corridor V 
near Fulton, Mississippi to U.S. 
31 at Birmingham, Alabama as 
part of Appalachian Highway X 
Corridor Project 
For construction of a portion of 
Appalachian Development Corri-
dor V from Mississippi State 
Line near Red Bay, Alabama to 
the Tennessee State Line north 
of Bridgeport, Alabama 
Construction of Shawnee Prmect 
from 3-Corner Junction to 1-77 
as part of 1-73/74 Corridor 
project 
Widening U.S. Rt. 52 from Hun-
tington to Williamson, W. Vir-
ginia as part of the 1-73/74 Cor-
ridor project 
Replacement of U.S. Rt. 52 from 
Williamson, W. Virginia to 1-77 
as part of the 1-73/74 Corridor 
project 
For Upgrading 1-64 and Route 17 
Virginia and constructing a new 
highway from Rocky Mount to 
Elizabeth City, North Carolina 
as part of the Raleigh-Norfolk 
High Priority Corridor Improve-
ments 
Construction of Highway 71 be-
tween Fayetteville and Alma, 
Arkansas as part of the North-
South High Priority Corridor 
For construction of Highway 71 
from Alma, Arkansas to Louisi-
ana border 
To widen a 60 mile portion of high-
way 
M-59 
from 
MacComb 
County 
to 
1-96 
in 
Howell 
County, Michig£ui 
To improve the Heartland Ex-
pressway from Rapid City, South 
Dakota to Scotts Bluff, ^febraska.. 
To construct a 4-lane highway 
from Lafayette to Ft. Wayne, In-
diana, following existing Indiana 
25 and U.S. 24 
AMOUNT 
in 
millions 
56.0 
148 0 
0.64 
59.2 
25 4 
4.5 
100.0 
14.0 
17.8 
100.0 
70.0 
29 6 
29.6 
9.5 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2035 
CITY/STATE 
19. 
20. 
21. 
22. 
24. 
25. 
»
• 
26. 
27. 
28. 
29. 
30. 
Ohio/Indiana 
California, Nevada, Arizo-
na 
Louisiana 
Missouri, Iowa, Minneso-
ta 
Various States 
Kentucky, Tennessee, Vir-
ginia 
Indiana, Kentucky, Ten-
nessee 
Washington 
Virginia 
Arkansas 
New York 
HIGH PRIORITY CX)RRIDORS 
Conduct feasibility and economic 
study to widen Rt. 24 from Ft. 
Wayne, Indiana to Toledo, Ohio 
as part of the Lafayette to 
Toledo Corridor 
For improvements on 1-15 and I-
40 in California, Nevada and Ar-
izona ($10,500,000 of which shall 
be expended on the Nevada por-
tion of the corridor, including 
the I-15/U.S. 95 interchange) 
To improve the North-South Corri-
dor from Louisiana border to 
Shreveport, Louisiana 
For improvements for Avenue of 
the Saints from St. Paul, Minne-
sota to St. Louis, Missouri 
1-66 Transamerica Highway Feasi-
bility study 
To 
improve 
Cumberland 
Gap 
Tunnel and for various associat-
ed improvements as part of U.S. 
25E Corridor, except that the al-
location percentages under sec-
tion 1105(gX2) of this section 
shall not apply to this project 
after fiscal year 1992 
To improve the Bloomington, Indi-
ana, to Newberry, Indiana, seg-
ment of the Indianapolis, Indi-
ana, to Memphis, Tennessee, 
high priority corridor 
For improvements on the Wash-
ington State portion of the U.S. 
395 corridor from the U.S.-Cana-
dian border to Reno, Nevada 
Construction of a bypeiss of Dan-
ville, Virginia, on Route 29 Cor-
ridor 
Highway 412 from Harrison to Mt. 
Home 
Improvements on Route 219 be-
tween Springville to EUicottville 
in New York State 
AMOUNT 
in 
millions 
0.32 
59.2 
29.6 
118.0 
1.0 
72.4 
23.7 
54.5 
17.0 
20.0 
9.5 
(g) PROVISIONS RELATING TO HIGH PRIORITY SEGMENTS.— 
(1) DETAILED PLANS.—Each State in which a priority segment 
identified under subsection (f) is located may prepare a detailed 
plan for completion of construction of such segment and for 
financing such construction. 
(2) ALLOCATION PERCENTAGES.—8 percent of the amount allo-
cated by subsection (f) for each high priority segment authorized 
by subsection (f) shall be available for obligation in fiscal year 
1992. 18.4 percent of such amount shall be available for obliga-
tion in each of fiscal years 1993, 1994, 1995, 1996, and 1997. 
(3) FEDERAL SHARE.—The Federal share payable on account of 
any project under subsection (f) shall be 80 percent of the cost 
thereof. 
105 STAT. 2036 
PUBLIC LAW 102-240—DEC. 18, 1991 
(4) DELEGATION TO STATES.—Subject to the provisions of title 
23, United States Code, the Secretary may delegate responsibil-
ity for construction of a project or projects under subsection (f) 
to the State in which such project or projects are located upon 
request of such State. 
(5) ADVANCE CONSTRUCTION.—When a State which has been 
delegated responsibility for construction of a project under this 
subsection— 
(A) has obligated all funds allocated under this subsection 
for construction of such project; and 
(B) proceeds to construct such project without the aid of 
Federal funds in accordance with all procedures and all 
requirements applicable to such project, except insofar as 
such procedures and requirements limit the State to the 
construction of projects with the aid of Federal funds pre-
viously allocated to it; 
the Secretary, upon the approval of the application of a State, 
shall pay to the State the Federal share of the cost of construc-
tion of the project when additional funds are allocated for such 
project under this subsection. 
(6) APPUCABIUTY OF TITLE 23.—Funds authorized by subsec-
tion (f) and subsection (h) shall be available for obligation in the 
same manner as if such funds were apportioned under chapter 1 
of title 23, United States Code, except that the Federal share of 
the cost of any project under subsection (f) shall be determined 
in accordance with this subsection and such funds shall remain 
available until expended. Funds authorized by subsection (f) 
shall not be subject to any obligation limitation. 
(7) STATE PRIORITY FOR HIGH PRIORITY SEGMENTS.—Section 105 
of title 23, United States Code, as amended by this Act, is 
further amended by adding at the end the following new subsec-
tion: 
"(k) PRIORITY FOR HIGH PRIORITY SEGMENTS OF CORRIDORS OF 
NATIONAL SIGNIFICANCE.—In selecting projects for inclusion in a 
program of projects under this section, the State may give priority to 
high priority segments of corridors identified under section 1105(f) of 
the Intermodal Surface Transportation Efficiency Act of 1991. In 
approving programs of projects under this section, the Secretary 
may give priority of approval to, and expedite construction of, 
projects to complete construction of such segments.". 
California. 
(8) SPECIAL RuLE.—Amounts allocated by subsection (f) to the 
State of California for improvements on 1-15 and 1-40 shall not 
be subject to any State or local law relating to apportionment of 
funds available for the construction or improvement of high-
ways, 
(h) AUTHORIZATION FOR FEASIBIUTY STUDIES.—There is authorized 
to be appropriated to the Secretary out of the Highway Trust Fund 
(other than the Mass Transit Account) $8,000,000 per fiscal year for 
each of the fiscal years 1992 through 1997 to carry out feasibility 
and design studies under subsection (eX2). 
(i) REVOLVING LOAN FUND.— 
(1) EsTABUSHMENT.—The Secretary may establish a Priority 
Corridor Revolving Loan Fund. 
(2) ADVANCES.—The Secretary shall make available as repay-
able advances amounts from the Revolving Loan Fund to States 
for planning and construction of corridors listed in subsection 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2037 
(c). In making such amounts available, the Secretary shall give 
priority to segments identified in subsection (f). 
(3) REPAYMENT OF ADVANCES.—The amount of an advance to a 
State in a fiscal year under paragraph (2) may not exceed the 
amount of a State's estimated apportionments for the National 
Highway System for the 2 succeeding fiscal years. Advances 
shall be repaid (A) by reducing the State's National Highway 
System apportionment in each of the succeeding 3 fiscal years 
by Vs of the amount of the advance, or (B) by direct repayment. 
Repayments shall be credited to the Priority Corridor Revolving 
Loan Fund. 
(4) AUTHORIZATION.—There is authorized to be appropriated 
to the Secretary, out of the Highway Trust Fund (other than the 
Mass Transit Account), $40,000,000 per fiscal year for each of 
fiscal years 1993 through 1997 to carry out this subsection. 
SEC. 1106. RURAL AND URBAN ACCESS PROJECTS. 
(a) RURAL ACCESS PROJECTS.— 
(1) PURPOSE.—The purpose of this subsection is to provide 
funds for projects that ensure better rural access and that 
promote economic development in rural areas. 
(2) AUTHORIZATION OF PROJECTS.—The Secretary is authorized 
to carry out rural access projects described in this paragraph. 
Subject to paragraph (3), there is authorized to be appropriated 
out of the Highway Trust Fund (other than the Mass Transit 
Account) for fiscal years 1992 through 1997 to carry out each 
such project the amount listed for each such project: 
CITY/STATE 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
Cadiz, Ohio 
Boger City, North Caroli-
na 
Utica, New York 
Oneida County, New York.. 
Southern, Oklahoma 
Johnsonburg, 
Pennsylva-
nia 
Pennsylvania 
East St. Louis, Illinois 
RURAL ACCESS 
Improvements 
of 
Short 
Creek 
Highway from Cadiz, Ohio to 
Rayland, Ohio 
Construction 
of 
4-lane 
divided 
highway along Highway 321 to 
Boger City, NC to NC 127 South... 
Iniprovement of the Utica North/ 
oouth Arterial 
Upgrade a highway to 4 lanes in 
Oneida County, New York 
Widening of U.S. 70 
Construction of a bridge and ap-
proaches at Pennington Creek, 
OK 
Relocation of a 2-l£me highway 
from Center Street to PA Rt. 255 
along U.S. 219, Johnsonburg 
Bypass 
Construction of truck driving lanes 
and 
safety 
improvements on 
U.S. 219 between 1-80 and the 
NY State Line 
Feasibility study for 4-lane Access 
Road 
to 
Jefferson 
Memorial 
Park 
AMOUNT 
in 
millions 
25 
14.2 
99 
80 
0 24 
10 
14 0 
26 0 
0.24 
105 STAT. 2038 
PUBLIC LAW 102-240—DEC. 18, 1991 
CITY/STATE 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. 
25. 
26. 
27. 
28. 
29. 
30. 
31. 
32. 
Illinois 
Venice, Illinois 
Decatur, Alabama 
Blount City, Tennessee 
Missouri 
Southern, Missouri 
Lake Charles, Louisiana 
Louisiana 
Ohio. 
Aliquippa, Pennsylvania 
Riverton, Kansas 
North Minnesota 
Richfield, Minnesota 
Mississippi 
Mississippi 
Mississippi 
Mississippi 
Chattahoochee, Florida 
Florida 
Florida 
Illinois 
RURAL ACCESS 
To 
conduct 
an 
Environmental 
Impact Study & Design Study on 
a 58-mile stretch of U.S. 67 corri-
dor from Alton, IL to Jackson-
ville, IL 
For rehabilitation of McKinley 
Bridge near Venice, IL 
Project for replacement of Keller 
Memorial Bridge, Decatur, AL,. .. 
Feasibility Study on Fort Loudon 
Dam Bridge on U.S. Highway 
231 in Lenoir City, TN 
Improvement 
of U.S. 
Highway 
#411 in Monroe and Blount 
Counties, TN 
For improvements of Highway 60 
in New Madrid, Stoddard, Carter 
and Butler Counties, MO 
Improvement of Rt. 65 through 
Greene, Christian and Taney 
Counties, MO 
Construction of roads and bridge 
to provide access to Rose Bluff 
Industrial Area, Lake Charles, 
LA 
For improvement and extension of 
Ambassador Caffery Parkway in 
Louisiana 
Construction of U.S. Rt. 68 Bypass 
in Clark, Champaign and Logan 
Counties 
For various 3-R Projects in Ali-
quippa, PA 
Construction of a new highway 
from Riverton, KS to Interstate 
44 in Missouri 
Construction and reconstruction of 
Forest Highway 11 connecting 
Aurora-Hoyt Lakes and Silver 
Bay, MN 
77th Street Reconstruction Project, 
Richfield, MN 
Improvements on Highway 84 in 
Franklin and Lincoln CJounties, 
MS 
Upgrading of U.S. Highway 98 
from County line of Pike and 
Waltham 
Counties, 
MS 
to 
Lamar County, MS 
Upgrading 
Highway 
61 
from 
Natchez, MS to Louisiana State 
line 
Upgrading 
Highway 
84 
from 
Brookhaven, MS to U.S. 49 in 
Collins, MS 
Construction of Mosquito Creek 
Bridge 
To upgrade State Rt. 71 from State 
Rt. 10 to State Rt. 8 
To upgrade Florida State Rt. 267 
from State Rt. 8 to State Rt. 10 
ToUway feasibility study (East St. 
Louis to Carbondale, IL) 
Extension of 34th Street from IL 
Rt. 15 to County Road 10 
AMOUNT 
in 
millions 
2.5 
5.9 
12.7 
0.5 
15.7 
21.7 
14.1 
4.1 
14.9 
15.8 
12.8 
13.1 
9.5 
11.6 
9.5 
0.4 
0.35 
2.1 
2.4 
2.9 
4.7 
0.32 
0.96 
PUBLIC LAW 102-240-~DEC. 18,1991 
105 STAT. 2039 
CITY/STATE 
RURAL ACCESS 
AMOUNT 
in 
millions 
33. 
Illinois 
34. 
Illinois 
35. 
Williamson County, Illi-
nois 
36. 
Sedine County, Illinois 
37. 
Winchester, New Hamp-
shire 
38. 
Hanover, New Hampshire.. 
39. 
Asheville, North Carolina.. 
40. 
Niles, Ohio 
41. 
Struthers, Ohio 
42. 
Niles, Ohio 
43. 
St. Joseph County, Michi-
gan 
44. 
Berrien County, Michigan.. 
45. 
Holland, Michigan 
46. 
North Carolina 
47. 
Manchester, New Hamp-
shire 
48. 
New Hampshire 
49. 
Arkansas 
50. 
Arkansas 
51. 
Arkansas 
52. 
Bedford Springs, Pennsyl-
vania 
53. 
DeValls Bluff, Arkansas 
54. 
Jonesboro, Arkansas 
55. 
Brevard County, Florida 
56. 
Louisiana 
Reconstruction of Feather Trail 
Road from UUin Road Inter-
change 
to 
Rt. 
37, 
Pulaski 
County, IL 
Resurfacing IL Rt. 1 from Cave-In-
Rock to north of Omaha 
Upgrading IL Rt. 13 in Williamson 
County, IL 
For improvements to Rt. 13 from 
Williamson-Saline County line 
to Harrisburg, IL 
Replacement 
of 
Winchester 
Bridge, Winchester, NH 
Ledyard Bridge reconstruction 
U.S. 19-23 improvement project, 
Asheville, NC 
Belmont Street Bridge Replace-
ment, Niles, OH 
Bridge Street Bridge replacement, 
Struthers, OH 
South Main Street Bridge replace-
ment, Niles, OH 
U.S. 131, St. Joseph County, MI 
U.S. 31 relocation, Berrien County, 
MI 
U.S. 31 upgrade, Holland, Ottawa 
County, MI 
1-85 Interchange improvement at 
State 
Route 
1103 
Granville 
County, NC 
Manchester Airport Road improve-
ments 
Wetlands mitigation package for 
New Hampshire Rt. 101/51 
To improve U.S. 65 from Harrison, 
Arkansas to Missouri Line 
To improve Phoenix Avenue in the 
vicinity of the Ft. Smith Airport, 
Ft. Smith, Arkansas 
To study bypass alternatives for 
U.S. 71 in the vicinity of Bella 
Vista, Arkansas 
To construct an access road along 
Old U.S. 220 to the Springs 
Project and to construct other 
facilities to facilitate movement 
of traffic within the site and con-
struction of a parking facility to 
be associated therewith 
Construction 
of 
a 
replacement 
bridge across the White River 
Complete construction of 3 inter-
changes on the Highway 63 
Bypass at Jonesboro 
Design 
and 
engineer 
improve-
ments for State Rd. 3 between 
State Rd. 520 and State Rd. 528... 
For construction of a new road 
from an area in the vicinity of I-
55 to Alexandria, Louisitma 
1.1 
1.8 
7.8 
4.0 
0.8 
7.8 
11.1 
1.2 
1.2 
2.5 
0.5 
17.4 
1.3 
1.7 
4.0 
10.0 
38.0 
7.9 
3.0 
19.7 
2.5 
5.7 
0.16 
1.7 
105 STAT. 2040 
PUBLIC LAW 102-240—DEC. 18, 1991 
CITY/STATE 
RURAL ACCESS 
AMOUNT 
in 
millions 
57. 
Beaumont, Texas 
58. 
Farmington Hills, Michi 
gan 
59. 
Laredo, Texas 
60. 
Montewma, Colorado 
61. 
Lubbock, Texas 
62. 
Rosenberg, Texas 
63. 
Angleton, Texas 
64. 
Mentor, Ohio 
65. 
W. Central, Illinois 
66. 
Illinois 
67. 
Monongahela 
Valley, 
Pennsylvania 
68. 
Dauphin County, Pennsyl-
vania 
69. 
Rutherford County, Ten-
nessee 
70. 
Wajrne County, New York. 
71. 
Chautauqua County, New 
York 
72. 
North Carolina 
73. 
North Carolina 
74. 
Bossier City, Louisiana 
Widen Highway FM-364 from a 2-
lane to a 4-lane road 
To widen 12-mile road corridor in 
the vicinity of Farmington Hills, 
Michigan 
Expand capacity of 2-lane high-
way, construct interchanges and 
connector highway 
Upgrade farm to market road serv-
ing Ute Indian Reservation 
Initiate feasibility and route stud-
ies and preliminary engineering 
and design for highway to con-
nect Lubbock with Interstate 20.. 
To purchase right-of-way for High-
way 36 B3rpass West of Rosen-
berg, Texas 
For various activities associated 
with relocation of Highway 288 
in vicinity of Angleton, Texsis 
For construction of an interchange 
on State Rt. 615 at 1-90 in 
Mentor, Ohio 
For widening of U.S. 34 between 
Burlington, 
Iowa 
and 
Mon-
mouth, Illinois 
To make improvements including 
construction of a bridge on U.S. 
67 in NW Illinois 
For construction of southernmost 
extension of the Monongahela 
Expressway 
Design, acquire right-of-way and 
reconstruct 5.1 miles of 4-lane 
divided highway from Dauphin 
Borough to Speeceville, Pennsyl-
vania 
Replace existing bridge over the 
west fork of the Stone's River 
including a 5-foot elevated walk-
way 
To improve Rt. 104 from Furnace 
Road to Pound Road in the 
Wayne County Area of New 
York 
Construct 2 additional expressway 
lanes from Chautauqua Lake 
Bridge to Pennsylvania Border .... 
To reimburse the State of North 
Carolina for construction and 
repair of the Bonner Bridge, 
North Carolina 
Construct interstate link between 
1-95 and 1-40 in vicinity of 
Wilson and Goldsboro, North 
Carolina 
To study grade separations along 
10 miles of KC Railroad along 
U.S. 71 
10.4 
2.5 
7.4 
2.9 
2.9 
0.9 
0.9 
4.7 
1.9 
2.4 
14.0 
12.0 
0.8 
6.4 
17.0 
3.0 
8.9 
0.16 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2041 
CITY/STATE 
RURAL ACCESS 
AMOUNT 
in 
millions 
75. 
Pennsylvania 
76. 
Overland Park, Kansas 
77. 
Fairmont, West Virginia... 
78. 
Washington 
79. 
Pennsylvania 
80. 
Pennsylvania 
81. 
Pennsylvania 
82. 
Pennsylvania 
83. 
Pennsylvania 
84. 
Brownsville, Texas 
85. 
South Carolina 
86. 
Ohio 
87. 
Ohio 
88. 
Mankato, Minnesota 
89. 
Kentucky 
90. 
Michigan 
91. 
Eden Prairie & Cologne, 
Minnesota 
92. 
Ohio 
93. 
New Mexico 
94. 
New Mexico 
95. 
Arizona 
96. 
Pennsylvania 
97. 
Pennsylv£mia 
98. 
Kentucky 
99. 
Kentucky 
100. 
North Carolina 
101. 
Missouri 
102. 
Lawrence, Kansas 
103. 
Kansas 
104. 
Missouri 
Widen 14-mile segment of U.S. 15 
from 2 to 4 lanes 
1-435 Interchange Project 
Riverside 
Expressway 
improve-
ments 
State Rt. 14 Improvement Projects, 
Columbia River Gorge, Wasning-
ton 
Pennsylvania 
Industrial 
Park 
access, 
Washington 
County, 
Pennsylvania 
Chadville 
Improvement 
Project, 
Southern Fayette County, Penn-
sylvania 
U.S. Rt. 219 Meyersdale Bypass 
U.S. Rt. 22 Improvements: Monroe-
ville to Ebansburg 
Laurel Valley Expressway, Blairs-
ville, Pennsylvania 
Brownsville 
Railroad 
Relocation 
Project 
Southern 
Connector 
Highway, 
Greenville County, South Caroli-
na 
Rt. 18 Bypass Study, Medina, Ohio. 
U.S. Rt. 250 Bypass Study, Nor-
walk, Ohio 
Mankato South Rt. Improvements, 
Mankato, Minnesota 
U.S. 119 Upgrading, Pike County, 
U.S. Rt. 127 Upgrading, Jackson 
County, Michigan 
U.S. Trunk Highway 212 improve-
ment project, Eden Prairie/Co-
logne, MN 
Rt. 30 extension: East Canton/Mi-
nerva, Ohio 
Raton-Clajrton Rd., Clayton, New 
Mexico 
Jicarilla Apache State Road, New 
Mexico 
Turquoise Trail Highway, Nav^go 
County, Arizona 
U.S. Rt. 222 Relocation, Lehigh 
County, Pennsylvania 
Pennsylvania Rt. 33 Extension, 
Northhampton County, Pennsyl-
vania 
Highway 
92 
Relocation 
Study, 
South Centr£il Kentucky 
U.S. 27 Improvements, Jessamine 
County, Kentucky 
U-2519/X-2 Highways, Cumber-
land, North Carolina 
Adams Dairy Parkway Project, 
Blue Springs, Missouri 
Lawrence Circumferential Road-
way, Douglas County, Kansas 
Oakland 
Expressway, 
Eastern 
Shawnee, Kansas 
Highway 63 improvements, Colum-
bia, Missouri/Iowa border 
13.8 
4.1 
5.3 
8.6 
6.3 
2.4 
48.0 
30.3 
5.0 
6.7 
3.6 
0.4 
0.4 
10.0 
7.6 
0.8 
8.7 
5.3 
9.3 
1.5 
5.9 
1.5 
16.8 
0.1 
9.2 
15.9 
1.5 
3.3 
5.9 
5.9 
105 STAT. 2042 
PUBLIC LAW 102-240—DEC. 18, 1991 
105. 
106. 
107. 
108. 
109. 
110. 
111. 
112. 
113. 
114. 
115. 
116. 
117. 
118. 
CITY/STATE 
West Virginia 
Pennsylvania 
Illinois 
Iowa 
Prince 
Edward 
County, 
Virginia 
Port 
Lavaca to Cuero, 
Texas 
Parker 
County, 
Texas 
(SH199) 
Howell County, Missouri 
Louisa, Louisiana 
Travis County, Texas 
Latrobe, Pennsylvania 
Carroltown/DuBois, Penn-
sylvania 
Robinson Township, Penn-
sylvania 
West Virginia 
RURAL ACCESS 
Highway 
Improvements: 
Mason 
County/Kanawha, West Virginia. 
Warren Street Extension/U.S. 222 
Reconstruction, Berks County, 
Pennsylvania 
For construction of the Alton 
Bypass from the vicinity of 
Alton and Godfrey, Illinois 
Construct 
Mason 
City 
Bj^ass, 
GeiTO Gordo County, Iowa 
A highway improvement project 
one mile south of Farmville in 
Prince Edward County, Virginia, 
to increase from two lanes to 
four lanes approximately two 
miles of Route 460. Such prmect 
shall connect the existing four 
lanes of Route 460 approaching 
the segment from the east and 
the west. The Secretary of the 
Army, acting through the Chief 
of Engineers, is directed, upon 
request of ofIici£ils representing 
Prince Ekiward County, Virginia, 
to allow the immediate filling of 
the Sandy River Reservoir in ac-
cordance with the terms and 
conditions of the permit, without 
further amendment or modifica-
tion in any respect, issued by the 
Department of the Army relat-
ing to the reservoir, except that 
no contingency in such permit 
pertaining to water demand or 
use shall become effective or 
shall be enforced prior to seven 
years from date of completion of 
such highway project 
Construct 
upgraded, 
improved 
four-lane divided highway 
Upgrade existing highway to four-
lane divided highway 
Improve Highway 63 
Louisa 
Bridge 
replacement, 
Louisa, LA 
Highway 620 bridge improvement.... 
Ligonier Street Reconstruction 
U.S. 219 Improvements 
Design Work in Town Center 
Chelyan Bridge Replacement 
AMOUNT 
in 
millions 
19.5 
6.6 
4.4 
14.8 
4.4 
43.9 
33.5 
3.6 
9.5 
11.4 
0.8 
4.0 
5.0 
8.5 
(3) ALLOCATION PERCENTAGES.—8 percent of the amount allo-
cated by paragraph (2) for each project authorized by paragraph 
(2) shall be available for obligation in fiscal year 1992. 18.4 
percent of such amount shall be available for obligation in each 
of fiscal years 1993,1994,1995,1996, and 1997. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2043 
(4) FEDERAL SHARE.—The Federal share payable on account of 
any project under this subsection shall be 80 percent of the cost 
thereof. 
(5) DELEGATION TO STATES.—Subject to the provisions of title 
23, United States Code, the Secretary shall delegate responsibil-
ity for construction of a project or projects under this subsection 
to the State in which such project or projects are located upon 
request of such State. 
(6) ADVANCE CONSTRUCTION.—When a State which has been 
delegated responsibility for construction of a project under this 
subsection— 
(A) has obligated all funds allocated under this subsection 
for construction of such project; and 
(B) proceeds to construct such project without the aid of 
Federal funds in accordance with all procedures and all 
requirements applicable to such project, except insofar as 
such procedures and requirements limit the State to the 
construction of projects with the aid of Federal funds pre-
viously allocated to it; 
the Secretary, upon the approval of the application of a State, 
shall pay to the State the Federal share of the cost of construc-
tion of the project when additional funds are allocated for such 
project under this subsection. 
(7) APPUCABILITY OF TITLE 23.—Funds authorized by this 
subsection shall be available for obligation in the same manner 
as if such funds were apportioned under chapter 1 of title 23, 
United States Code, except that the Federal share of the cost of 
any project under this subsection shall be determined in accord-
ance with this subsection and such funds shall remain available 
until expended. Funds authorized by this subsection shall not be 
subject to any obligation limitation. 
GJ) URBAN ACCESS AND URBAN MOBILITY PROJECTS.— 
(1) PURPOSE.—The purpose of this subsection is to provide 
funds for projects that enhance urban access and urban 
mobility. 
(2) AUTHORIZATION OF PROJECTS.—The Secretary is authorized 
to carry out urban access and urban mobility projects described 
in this paragraph. Subject to paragraph (3), there is authorized 
to be appropriated out of the Highway Trust Fund (other than 
the Mass Transit Account) for fiscal years 1992 through 1997 to 
carry out each such project the amount listed for each such 
project: 
CITY/STATE 
1 
? 
3. 
4. 
5 
Santa Ana, California 
Illinois/Missouri 
Beaver/Butler Counties, 
Pennsylvania 
Atlanta, Georgia 
Chicago, Illinois 
URBAN ACCESS & MOBILITY 
Bristol Street Project 
Metro East/St. Louis, Missouri 
Bridge Feasibility Study 
Construction of Crow's Run Ex-
pressway from 1-79 to PA Rt. 60, 
Beaver/Butler Counties, PA 
Improvement of Martin Luther 
Handicapped Accessibility Projects 
on various Chic£igo Streets 
AMOUNT 
in 
millions 
4.1 
1.0 
3.5 
08 
2.4 
105 STAT. 2044 
PUBLIC LAW 102-240~DEC. 18, 1991 
6. 
7. 
8. 
9. 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. 
25. 
26. 
CITY/STATE 
Chicago, Illinois 
San Jose, California 
Gilroy, California 
District of Columbia 
Buffalo, New York 
Buffalo, New York 
Joliet, Illinois 
Chicago, Illinois 
Burnham, Illinois 
Calumet Park, Illinois 
Harvey, Illinois 
Markham, Illinois 
Chicago, Illinois 
Youngstown, Ohio 
Lake Porter and LaPort 
Counties, Indiana and Il-
linois 
Indiana 
Portage, Indiana 
Hobart, Lake Station and 
New Chicago, Indiana 
Passaic 
County, 
New 
Jersey 
Northeastern, New Jersey. 
URBAN ACCESS & MOBILITY 
Feasibility study for a road be-
tween existing Lake Shore Drive 
and Indiana Road 
Improvement of Interchange at 
Highway 85/Highway 17 
For safety improvements on High-
way 152 in vicinity of Gilroy, CA.. 
Improvements on Miller Highway 
in New York City, NY 
Construction of missing segments 
of Eastern and Southern Ave-
nues (Boundary Street Safety 
Initiative) 
Sc£gaquada Expressway Classifica-
tion study 
NY 
State 
Thruway 
relocation 
For rehabilitation of Houbolt Road 
from Jefferson Street to Joliet 
Jr. College and construction and 
interchange at Houbolt Road 
and 1-80 
WPA street improvements bound-
ed on the north by 103rd, the 
east bv Stoney Islfmd, the west 
by Asnland, and the south by 
the city limits 
To improve Dolton Avenue be-
tween Torrence Avenue and In-
diana State Line, Burnham, IL 
Ashland Avenue Bridge replace-
lUinois 1 Interchange improve-
ment from U.S. 6 to 1-80 
Sibley Boulevard traffic flow im-
provement from Dixie Highway.... 
Illinois 
1 intersection 
improve-
ment, Harvey, IL (intersection at 
155th Street) 
Center Street Bridge replacement, 
Youngstown, 
OH, 
including 
Poland Avenue—Shirlw Road 
Study linkage roads to connect 
Lake Shore Drive and surround-
ing facilities 
Acquisition of West Lake Corridor 
Right-of-Way between Munster, 
IN and Hammond , IN 
Widen Willow Creek Road to 4 
l£uies 
Various improvements to Ridge 
Road to relieve congestion 
To complete construction of Rt. 21 
in Passaic County, New Jersey 
To raise 14 bridges over Molly 
Ann's Brook Northeastern, New 
AMOUNT 
in 
millions 
0.16 
35.0 
5.9 
15.6 
6.8 
0.24 
0.24 
1.0 
3.7 
1.9 
2.1 
2.5 
3.5 
1.4 
12.2 
1.0 
1.0 
1.5 
4.3 
98.8 
9.5 
PUBLIC LAW 102-240—DEC. 18,1991 
105 STAT. 2045 
CITY/STATE 
27. 
28. 
29. 
30. 
31. 
32. 
33. 
34. 
35. 
, 
36. 
37. 
38. 
39. 
40. 
41. 
Chambersburg, Pennsyl-
vania 
Newark, New Jersey 
Newark, New Jersey 
Lawrence, Massachusetts... 
Baltimore, Maryland 
Springfield, Illinois 
Perth Amboy & Wood-
bridge Township, New 
Jersey 
Compton, C£ilifornia 
Parsippeiny, Troy Hills, 
New Jersey 
Queens, New York 
Omaha, Nebraska 
Suffolk County/Long 
Island, New York 
URBAN ACCESS & MOBILITY 
To improve the Wayne Avenue—I-
81 Interchange and to widen 
Wayne Avenue to 5 lanes from 
Kriner 
Road 
to 
Coldbrook 
Avenue in the vicinity of Chsmi-
bersburg, Pennsylvania 
To construct ramps to provide 
access to 1-78 
To construct a parking facility as 
part of a multi-modal transpor-
tation facility in the vicinity of 
United 
Hospitals 
Medical 
Center, Newark, New Jersey 
Study, design, and construct new 
road service; road and ramps 
and widen 1-495 
To improve various roads as part 
of project "Project Vision' 
in 
Bcdtimore, Maryland 
Conduct Phase I design study for 
1-405 interchange at Northeast 
8th Street 
To extend 11th Street from Steven-
son Drive to Toronto Road in the 
vicinity of Springfield, Illinois 
Route 1 widening in Middlesex 
County, New Jersey from Rari-
tan River to Rahway River 
Study whether additional river 
crossings 
may 
be 
necessary 
based on condition of 3 existing 
crossings 
For a grade separation project at 
W. Alameda Street and the 
Mealy St. Corridor 
Construct interchange and ramp 
improvements for eEist and west 
bound traffic on 1-280 
To rehabilitate 39th Street Bridge 
over rail tracks at the Sunnyside 
Rail Yard in Queens, New York... 
For improvements to US Highway 
6 (W. Dodge Road) from 86th 
Street to 118th including the 
intersection 
with 
1-680 
in 
Omaha, Nebraska 
Construct various roadway im-
provements on 7.1 miles of New 
York Rt. 112, including, resur-
facing, widening, adding turning 
and parking lanes and improv-
ing traffic signals 
To conduct environmental study 
on feeisibility of constructing 4-
lane highway from State Rt. 805 
to International 
border 
near 
AMOUNT 
in 
millions 
184 
72 
4.9 
47 
50 
50 
8.3 
74 
25 
66 
31 
10.4 
52 
34 
1.0 
105 STAT. 2046 
PUBLIC LAW 102-240~-DEC. 18, 1991 
CITY/STATE 
42. 
43. 
44. 
45. 
46. 
47. 
48. 
49. 
50. 
51. 
52. 
53. 
54. 
55. 
56. 
56A. 
57. 
58. 
59. 
60 
61. 
62 
63 
64. 
65. 
66. 
Sarasota, Florida 
Hartford, Connecticut 
Hartford, Connecticut 
Chattanooga, Tennessee 
Scranton, Pennsylvania 
New York 
Capital Beltway, Spring-
field, Virginia 
Utah 
Chicago, Illinois 
Chicago, Illinois 
Chicago, Illinois 
Chicago, Illinois 
Chicago, Illinois 
Chicago, Illinois 
Chicago, Illinois 
Chicago, Illinois 
Chicago, Illinois 
Chicago, Illinois 
Chicago, Illinois 
Los Angeles 
URBAN ACCESS & MOBILITY 
To construct a bridge interchange 
at US 301 and University Park-
way in the vicinity of Sarasota, 
Florida 
To rehabilitate Connecticut Rt. 99 
South of Hartford, Connecticut 
For improved access to the Con-
necticut River as in 1-91 Mitiga-
tion Project, Hartford, Connecti-
cut 
Construct an urban diamond inter-
change to improve capacity and 
a connector road 
To relocate a portion of Atlantic 
Blvd. in the vicinity of Tele-
graph Rd. as part of a grade 
separation project 
Realign 3,000 feet of N. Scranton 
Expressway 
to 
connect 
with 
Mulberry Street 
Southern State Parkway Improve-
ment 
Exit 26 Ridge Project Schenectady, 
New York 
Upgrade interchanges on 1-495, in-
cluding Virginia Mixing Bowl 
Improvements 
Expansion of State Rd. 5600 West.... 
Right-of-way preservation projects 
(Eisenhower & Stevenson Con-
nector) 
Museum of Science & Industry: 
Various 
intermodal 
facilities, 
Chicago, Illinois 
Chicago Skyway Bridge, Chicago, 
Illinois 
Cermak Road Bridge reconstruc-
tion, Chicago, Illinois 
Roosevelt Rd. and Bridge Improve-
ments, Chicago, Illinois 
State Street Mall Improvements, 
Chicago, Illinois 
Cicero Avenue Improvements, vi-
cinity of Chicago, Illinois 
183rd Street Reconstruction, Chi-
cago, Illinois 
111th Street Reconstruction, Chi-
cago, Illinois 
111th 
Street 
Upgrade: 
Cicero 
Avenue to Pulaski Road, Chica-
go, Illinois 
111th Street Widening; Central 
Avenue to Cicero Avenue, Chica-
go, Illinois 
State Rd. 67 Widening 
Columbus 
Entranceway 
project, 
Columbus, Indiana 
Rt. 17/4 Interchange Project, Para-
mus. New Jersey 
Hackensack 
Avenue/Kinderka-
mack Road Bridges over Rt. 4, 
Hackensack, New Jersey 
Grade separation projects (3), Los 
Angeles County, California 
AMOUNT 
in 
millions 
2.4 
5.0 
2.3 
3.1 
4.7 
7.2 
4.6 
5.7 
7.5 
3.3 
4.8 
35.0 
14.2 
9.2 
11.8 
14.2 
1.1 
1.5 
2.5 
2.5 
4.7 
10.0 
3.3 
5.7 
5.7 
7.1 
PUBLIC LAW 102-240—DEC. 18,1991 
105 STAT. 2047 
CITY/STATE 
67. 
68. 
69. 
70. 
71. 
72. 
73. 
74. 
75. 
76. 
New York 
Maryland 
Camden, New Jersey 
Washington, D.C 
Anaheim, California 
Atlanta, Georgia 
Buffalo, New York 
Tucson, Arizona 
Providence, Rhode Island... 
Renton, Washington 
URBAN ACCESS & MOBILITY 
Preservation 
of 
Rail 
Corridor 
(North Shore Rail Line), Staten 
Isl£Uid 
Iniprovement of U.S. Route 1 in 
Baltimore County, Maryland 
Renovation of South Jersey Port 
Corporation's 
Beckett 
Street 
Terminal 
Design and construction of noise 
barriers along Southeast/South-
west Freeway and Anacostia 
Freeway in D.C 
Construction of public HOV facili-
ties to provide public access to I-
5 in the vicinity of the Anaheim 
Region£d Transportation Inter-
modal Complex 
Construction of 1-20 interchange 
at Lithonia Industrial Boulevard.. 
The Southtowns Connector Buffa-
lo, New York 
Veterans Memorisd Interchange/ 
Psilo Verde Overpass Bridge Re-
placement 
Memorial Boulevard Pedestrian/ 
Traffic Improvements 
Houser Way Relocation Expansion.. 
AMOUNT 
in 
millions 
10 7 
11.8 
83 
47 
14 8 
11.2 
8.5 
2.4 
50 
30 
(3) ALLOCATION PERCENTAGES.—8 percent of the amount allo-
cated by paragraph (2) for each project authorized by paragraph 
(2) shall be available for obligation in fiscal year 1992. 18.4 
percent of such amount shall be available for obligation in each 
of fiscal years 1993,1994,1995,1996, and 1997. 
(4) FEDERAL SHARE.—The Federal share payable on account of 
any project under this subsection shall be 80 percent of the cost 
thereof. 
(5) DELEGATION TO STATES.—Subject to the provisions of title 
23, United States Code, the Secretary shall delegate responsibil-
ity for construction of a project or projects under this subsection 
to the State in which such project or projects are located upon 
request of such State. 
(6) ADVANCE CONSTRUCTION.—When a State which has been 
delegated responsibility for construction of a project under this 
subsection— 
(A) has obligated all funds allocated under this subsection 
for construction of such project; and 
(B) proceeds to construct such project without the aid of 
Federal funds in accordance with all procedures and all 
requirements applicable to such project, except insofar as 
such procedures and requirements limit the State to the 
construction of projects with the aid of Federal funds pre-
viously allocated to it; 
the Secretary, upon the approval of the application of a State, 
shall pay to the State the Federal share of the cost of construc-
tion of the project when additional funds are allocated for such 
project under this subsection. 
105 STAT. 2048 
PUBLIC LAW 102-240—DEC. 18, 1991 
(7) APPLICABIUTY OF TITLE 23.—Funds authorized by this 
subsection shall be available for obligation in the same manner 
as if such funds were apportioned under chapter 1 of title 23, 
United States Code, except that the Federal share of the cost of 
any project under this subsection shall be determined in accord-
ance with this subsection ^ a such funds shall remain available 
until expended. Funds authorized by this subsection shall not be 
subject to any obligation limitation. 
SEC. 1107. INNOVATIVE PROJECTS. 
(a) IN GENERAL.—The purpose of this section is to provide assist-
ance for highway projects demonstrating innovative techniques of 
highway construction and finance. Each State in which 1 of the 
projects authorized by subsection (b) is located shall select and use, 
in carrying out such project, innovative techniques in highway 
construction or finance. Such techniques may include state-of-the-
art technology for pavement, safety, or other aspects of highway 
construction; innovative financing techniques; or accelerated proce-
dures for construction. 
(b) AUTHORIZATION OF PROJECTS.—The Secretary is authorized to 
carry out the innovative projects described in this subsection. Sub-
ject to subsection (c), there is authorized to be appropriated out of 
the Highway Trust Fund (other than the Mass Transit Account) for 
fiscal years 1992 through 1997 to carry out each such project the 
amount listed for each such project: 
CITY/STATE 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
Cadiz, Ohio 
Maryland 
Maryland 
Maryland 
Maryland 
Maryland 
Baltimore County, Mary-
land 
Southern, Oklahoma 
Tulsa, Oklahoma 
INNOVATIVE PROJECTS 
Construction 
of 4-lane Limited 
Access Highway from Cadiz, OH 
to Interstate 70 Interchange at 
St. Clairsville, OH along U.S. Rt. 
250 
Construction 
of 
Durham 
Road 
Bridge #75 in Harford County, 
MD 
Construction 
of a 
replacement 
bridge at Furnace Road Bridge 
#74, Harford County, MD 
Construction 
of a 
replacement 
bridge at South Hampton Road 
Bridge #47, Harford County, 
MD 
Construction 
of a 
replacement 
bridge at Wheel Road Bridge 
#9, Harford County, MD 
Construction 
of a 
replacement 
bridge at Watervale Bridge #63, 
Harford County, MD 
Replacement 
Papermill 
Road 
Bridge 
#123 in Cockeysville 
Area of Baltimore, MD 
Testing of effectiveness of recycla-
ble materials on a resurfacing 
project on U.S. 70 in Southern, 
OK 
Upgrade U.S. 75 to Expressway 
standards, Tulsa, OK 
AMOUNT 
in 
millions 
20 0 
05 
06 
10 
1.0 
11 
53 
2.1 
14.0 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2049 
CITY/STATE 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18 
19. 
20. 
21. 
?? 
23. 
?A 
25. 
26. 
27. 
Atlanta, Georgia 
Chicago, Illinois 
Oceanside, California 
Carlsbad, California 
Danville, Virginia 
Mokena, Illinois 
Frankfort, Illinois 
Plainfield, Illinois 
Water Street, Pennsylva-
Holidaysburg, 
Pennsylva-
nia 
Lewistown, Pennsylvania.... 
Pennsylvania 
ReedsvUle, Pennsylvania 
Pennsylvania 
Roaring Spring, Pennsyl-
vania 
Bedford County, Pennsyl-
vsuiia 
INNOVATIVE PROJECTS 
For various transportation 
im-
provements in connection with 
the 1996 Oljnnpics, including the 
city of Atlanta advanced traffic 
Computerized infrastructure man-
Construction of A, B, and C seg-
ments of State Route 76 
Improvements to the interchange 
at Palomar Airport Road and 
Interstate 5 
To replace bridges on Main and 
Worsham Streets in Danville, 
VA 
For construction of Wolf Road to 
an area between LaPort Road 
and U.S. Rt. 30 in Mokena, IL 
Village of Frankfort Roadway im-
provement projects 
Replacement of E J & E Viaduct 
over IL Rt. 59 and Dupage River 
Tributary 
Replacement 
of 
135th 
Street 
Bridge, Romeoville, IL 
Construction of a 2 lane bypass 
around the Borough of Water 
Street on U.S. 22 of Pennsylva-
nia 
To relocate U.S. 22 around the 
Borough of Holidaysburg, Penn-
sylvania 
For safety improvements on the 
Narrows to eliminate potential 
problems brought on by rock 
slides 
To relocate U.S. Rt. 22 North of 
Lewistown, Pennsylvania 
For construction of a 4 lane high-
way 
between 
Reedsville 
and 
Seven Mountains, Pennsylvania... 
To relocate section of railroad 
tracks 
between 
Hagerstown, 
Marylfuid 
and 
Shippensburg, 
Pennsylvania to eliminate 23 at-
grade crossings and to make con-
nection to an existing railroad 
line 
To upgrade to 3 lanes by adding a 
center turning lane a section of 
Pennsylvania 36 from New U.S. 
220 to the intersection at Roar-
ing Spring, Pennsylvania 
To widen and extend Chestnut 
Avenue from Altoona to Juni-
ata, Pennsylvania 
To widen Rt. 30 from the Narrows 
in Bedford to Mt. Dallas, Penn-
AMOUNT 
in 
millions 
58.1 
4.3 
14.4 
3.4 
10 0 
1.4 
13 
10 
59 
80 
52 0 
16 
58 3 
35.1 
14 4 
88 
712 
48.0 
105 STAT. 2050 
PUBLIC LAW 102-240—DEC. 18, 1991 
CITY/STATE 
28. 
29. 
a
n 
31 
3? 
33. 
34. 
35 
36. 
37. 
38. 
39. 
40. 
41. 
42. 
43. 
Blacksburg, 
Montgomery 
County, Virginia 
Mobile, Alabama 
Pennsylvania 
Galina, Illinois 
Areneck County, Michigan.. 
Brooks, Jim Wells, and 
Live 
Oak 
Counties, 
Texas 
Alabama 
North Dakota 
Mendon, Illinois 
Bryden, Washington 
Missouri 
Jefferson County, Missouri.. 
St. Louis, Missouri 
Hillsborough, Florida 
INNOVATIVE PROJECTS 
Design, acquire right-of-way and 
construct a widened bri(ue on 
State Road 3 over the Barge 
Canal 
Construction of 6 mile 4 lane high-
way to demonstrate intelligent/ 
vehicle highway systems 
For reconstruction of the West 
Tunnel Plaza Interchange on I-
10 from 
Virginia 
Street 
to 
MobUe River Tunnel, Mobile, 
Alabama 
To widen U.S. Rt. 202 from King of 
Prussia 
to 
Montgomeryville, 
Pennsylvania 
To conduct environmentcd, prelim-
inary engineering and design 
studies to widen a 47 mile 
stretch of U.S. 20 to 4 lanes 
To improve a 12-mile stretch of 
U.S. 23 between Rt. 13 and Rt. 
65, Michigan 
To improve, upgrade and widen 
U.S. 281 to the Mexican Border.... 
To construct a 4-lane access con-
trolled highway to bypass Mont-
gomery, Alabama and connect I-
65 and 1-85 
To design computerized system to 
inventory 
and 
m£mage 
off 
S3rstem bridge repairs or replace-
ment statewide; begin repair ac-
tivities 
For preliminary work on a project 
to enhfmce the capacity of 1-5 in 
Los Angeles and Orange County 
from the downtown area to the 
State Rt. 91 interchange 
in 
Buena Park 
To construct 14.8 miles of Highway 
336 from Illinois Rt. 61 near 
Mendon, Illinois to West Point 
Road 
Construct 3 miles of new and im-
proved 
highways 
connecting 
Clarkston, 
Washington 
with 
Lewiston, Idaho 
To widen 1-55 between Rt. M and 
Rt. 67 in Jefferson County, Mis-
souri 
To upgrade 7.9 miles of Missouri 
Highway 21 in Jefferson County, 
Missouri 
To construct a 4-lane outer belt-
way connecting 1-55 and 1-44 in 
St. Louis and Jefferson County, 
Missouri 
Widen and enheuice safety £ind 
drainage features of 1-4 from 
Tampa 
to 
the 
Hillsborough 
AMOUNT 
in 
millions 
6.9 
5.9 
15.0 
8.9 
2.0 
4.7 
27.6 
11.8 
8.9 
6.7 
5.0 
3.9 
5.1 
5.1 
7.6 
24.5 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2051 
CITY/STATE 
44. 
45. 
46. 
47. 
48. 
49. 
50. 
51. 
52. 
53. 
54. 
55. 
56. 
57. 
58. 
59. 
60 
61. 
62. 
63. 
64. 
Wichita, Kansas 
Brigham City, Utah 
Utah 
Grand Rapids, Michigan 
Suffolk 
County/Long 
Island, New York 
Suffolk County, New York.. 
Springfield, South Dakota... 
Vermillion, South Dakota... 
Pennsylvania 
Genesse, Michigan 
Flint, Michigan 
Flint, Michigan 
Flint, Michigan 
Salem, Oregon 
Montgomerjrville, Pennsyl-
vania 
Amherst/Erie 
County, 
New York 
Idaho 
Mojave, California 
Freemont, Iowa 
Council Bluffs, Iowa 
Indiana 
INNOVATIVE PROJECTS 
To construct a 6 lane access con-
trolled highway and interchange 
at Oliver Street 
To construct an interchange on I-
15 at Forest St. in Brigham City, 
Utah 
For the upgrading of U.S. 89 in 
Davis and Weber Counties, Utah.. 
For 
construction 
of 
a 
bypass 
around Grand Rapids, Michigan 
connecting 1-96 and 1-196 
Avoid 
erecting 
costly 
areas 
through selective black topping 
through high noise road seg-
ments 
Evaluate suitability of composting 
and recycling for use on Federal-
aid highway medians and perim-
eters 
Plan, engineer and construct a 
bridge across the Missouri River 
to connect South Dakota Rt. 37 
to Nebraska Highway 12 
Engineer 
and 
construct 
bridge 
across the Missouri River in the 
vicinity of Vermillion, 
South 
Dakota 
Design, engineer and construct 2 
exits off Interstate 81 at Wilkes-
Barre and Mountaintop, Penn-
sylvania 
Widen and improve pavement in 
Mundy Township, from Baldwin 
Rd. to Cook Rd 
Engineer, design and construct im-
proved and widened 5-lane road.... 
Engineer, design and 
construct 
1.02 miles of 5-lane roadway 
Right-of-way 
acquisition, 
reloca-
tion and construction of Bristol 
Road 
To construct the Salem Bypass 
around Salem, Oregon 
To improve U.S. 202 from Montgo-
meryville to Doylestown, Penn-
sylvania 
Widen 2 miles of Rt. 263 from 2 
lanes to 4 lanes and rehabilitate 
a 4 mile stretch of Rt. 78 
To improve the Bryden Canyon 
Rd. in Lewiston, Idaho 
Widen and reconstruct bridge to 
CALTRANS height standards 
For construction of Iowa highway 
# 2 from Sidney, Iowa to 1-29 in 
Freemont County, Iowa 
For a variety of improvements to 
the Valley View Corridor in 
Council Bluffs, Iowa 
Construct extension of Interstate 
69 to link Evansville and Indian-
apolis, Indiana 
AMOUNT 
in 
millions 
6.6 
3.6 
3.0 
6.9 
2.0 
0.4 
4.7 
3.6 
16.7 
0.16 
0.5 
0.9 
3.1 
6.0 
10.8 
76 
5.3 
1.8 
8.7 
1.0 
3.8 
105 STAT. 2052 
PUBLIC LAW 102-240—DEC. 18, 1991 
CITY/STATE 
INNOVATIVE PROJECTS 
AMOUNT 
in 
millions 
65. 
Aberdeen, Ohio 
66. 
Jacksonville, Illinois 
67. 
Snohomish, Washington.... 
68. 
Portland/S. 
Portland, 
Maine 
, 
69. 
Iowa 
70. 
Brook Park, Ohio 
71. 
California 
72. 
Monterey, California 
73. 
New Jersey 
74. 
New Jersey 
75. 
North Carolina 
76. 
Tennessee 
77. 
Tennessee 
78. 
Ohio 
79. 
Exton, Pennsylvania 
80. 
Alabama 
81. 
Brookljm Park, Minnesota. 
82. 
California 
83. 
Merrysville, Washington.... 
84. 
Myrtle Beach, South Caro-
lina 
85. 
Mississippi 
86. 
Bakersfield, California 
87. 
Santa Fe Springs, Califor-
nia 
88. 
Hoquiam, Wiishington 
, 
89. 
Traverse City, Michigan.... 
90. 
Nevada 
91. 
Reno, Nevada 
, 
92. 
Carson City, Nevada 
93. 
Columbus, Ohio 
94. 
St. Thomas, Virgin Islands 
95. 
Illinois. 
96. 
Illinois. 
U.S. 62 Ohio River Bridge 
U.S. 67 Jacksonville Bypass 
Snohomish 
County, 
Washington 
HOV Lanes 
Portland-S. Portland Bridge 
Highway 63 Improvements, Water-
loo to New Hampton, Iowa 
Aerospace Technology Park Access 
Rd., Brook Park, Ohio 
Rt. 
156 HoUister 
Bypass, 
San 
Benito, California 
Rt. 101, Prunedale, California 
Rt. 21 Viaduct, Newark, 
New 
Jersey, City of Newark's Project.. 
Rt. 21 widening, Newark, New 
Jersey, City of Newark's Project.. 
U.S. 64 widening in Chatham and 
Wake Counties, North Carolina... 
1-81/Industrial Park South Inter-
change, Sullivan County, Ten-
nessee 
Foothills Parkway: Pittman Center 
to Cosby, Tennessee 
Kelly Avenue extension, Akron, 
Ohio 
Exton Bypass, Exton, Pennsylva-
nia 
Black Warrier River Bridge, Tus-
caloosa County, Alabama 
Highway 610 crosstown 
project, 
BrooUyn Park, Minnesota 
I-880/Alvarado-Niles Road Inter-
change, Union City, California 
Interstate 5 Interchange improve-
ment: 88th Street, Merrysville, 
Washington 
Carolina Bays Parkway, Myrtle 
Beach, South Carolina 
U.S. 90 improvements including 6 
lane bridge and approaches, Pas-
cagoula, Mississippi 
Rt. 58 Improvements, Bakersfield, 
California 
Norwalk Blvd. grade separation, 
Santa Fe Springs 
Gray's Harbor Industrial Corridor 
Bridge, Hoquiam, Washington 
Traverse City Bypass, Traverse 
City, Michigan 
Lamoille Highway widening, Elko 
County, Nevada 
U.S. 395 Extension, in vicinity of 
Reno, Nevada 
Carson City Bj^ass, Carson City, 
Nevada 
1-270 North outerbelt widening, 
Franklin County, Ohio 
Feasibility study of constructing a 
second road to the west end of 
the island 
DeQuoin Highway Bridge 
Tamarack Street Extension 
15.5 
15.8 
6.5 
134.5 
15.1 
14.2 
0.9 
4.2 
14.8 
13.9 
5.3 
5.8 
11.2 
9.5 
26.8 
6.4 
36.0 
9.5 
1.9 
5.9 
4.3 
4.7 
4.7 
4.7 
4.5 
2.4 
14.8 
7.6 
10.2 
1.7 
2.6 
0.6 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2053 
CITY/STATE 
97. 
98 
99. 
100. 
101. 
102. 
103. 
104. 
105. 
106 
107 
108 
109 
110. 
111. 
11? 
113. 
114. 
115 
116. 
117. 
118. 
119 
Indiana 
Ohio 
Arkansas 
Ft. Worth, Texas 
Illinois 
Leroy, Illinois 
Ford County, Illinois 
Illinois 
Emington, Illinois 
Illinois 
Illinois 
Illinois 
Huntington County, Penn-
sylvania 
Chicago, Illinois 
Cadillac, Michigan 
Durham 
County, 
North 
Carolina 
Corpus Christi to Angle-
ton, Texas 
Fort Worth, Texas 
West Sacramento, Califor-
nia 
Baltimore County, Mary-
land 
Hampton Roads, Virginia.... 
Calumet City, Illinois 
INNOVATIVE PROJECTS 
East Chicago Marina Access Road.... 
Hybrid Fuel Cell 
Rehabilitation of Bridge on U.S. 
224 near State Route 616 
North 
Belt 
Freeway 
Project, 
Thornton, Arkansas 
1-35 Basswood Interchange, Ft. 
Worth, Texas 
Illinois 17 road replacement, .2 
miles west of Splear Road to Illi-
nois 1: 5.3 miles 
U.S. 150 road replacement. North 
of Hemlock Street to South of 
Gilmore Street in Leroy: 1.6 
miles 
U.S. 24 replacement, 1.1 miles e£ist 
of Forrest to Ford County Line: 
8.0 miles 
U.S. 24 road replacement: Crescent 
City to Illinois 1 in Watseka: 6.3 
miles 
Emington Spur road replacement 
Illinois 47 to Emington: 2.9 miles 
Emington, Illinois 
New Lenox Road Improvement 
Shorewood 
Roadway 
Improve-
ments 
Bridge painting of various move-
able bridges to prevent rusting, 
Chicago, Illinois 
Jacobs Timber Bridge over Greater 
Trough Creek 
Landscaping, resurfacing, 
repair 
and replacement of curbs and 
gutters, 
bridge 
deeming 
and 
repair of lights and redesigning 
and installation of new signs his-
toric 28 mile Boulevard, Chicago, 
Illinois 
Improvements to highway U.S. 
131, north of Cadillac 
Accelerated construction of a four-
lane divided freeway on Route 
147 
Construct new multi-lane freeway.... 
Construction of an overpass and 
frontage road at the Fort Worth 
Hillwood/1-35 interchange 
Construction of Industrial Boule-
vard Bridge over Sacramento 
River Bai^e Canal in West Sac-
rsunento, California 
1-695 Improvements in Bcdtimore 
County, Maryland 
1-64 Crossing of Hampton Roads 
Reconstruction of 156th Street and 
156th 
Place 
from 
Burkham 
AMOUNT 
in 
millions 
85 
36 
1.0 
8.9 
17.8 
1.8 
10 
1.8 
2.5 
0.65 
25 
1.3 
28 
0 35 
54 
4.2 
38 3 
41 7 
127 
83 
23 9 
5.9 
1.3 
105 STAT. 2054 
PUBLIC LAW 102-240—DEC. 18, 1991 
CITY/STATE 
120. 
15^1 
1?? 
1?3 
1?4 
125. 
1?6 
1?7 
1?8 
1?9 
130 
131 
13? 
133 
134 
13f> 
136. 
137. 
138. 
139. 
140. 
141. 
Frankfort Township, Illi-
nois 
Illinois 
Illinois 
Alabama 
Borough 
of 
Paulsboro, 
New Jersey 
Minnesota 
Hinckley, Minnesota 
Minnesota 
Minnesota 
Minnesota 
Wisconsin 
Wisconsin 
Pennsylvania 
Pennsylvania 
Pennsylvania 
Chicago, Illinois 
South Carolina 
South Carolina 
Rhode Island 
South 
Kingstown, 
Rhode 
Island 
INNOVATIVE PROJECTS 
Improvements of streets in Frank-
fort Township 
Road Improvement, U.S. 150/111. 1 
from Belguim to South of West-
ville 
Road Improvement, U.S. 45 from 
Savoy to Tolono 
Construction of a new bridge to 
improve safety 
Completion 
of 
Cross-Range 
Ex-
pressway (Trunk Highway 169) 
Safety and capacity improvements 
to Trunk Highway 48 and relo-
cation of County Road 134 
Trunk Highway 53, Twig to Trunk 
Highway 37 
Trunk Highway 169, Grand Rapids 
to High City 
Trunk Highway 61, Schroeder to 
Grand Marais 
Improvements to Highway 41, Osh-
kosh to Green Bay 
Iniprovements 
to 
Highway 
29, 
Chippewa Falls to State Trunk 
Hwy. 73 
Trunk Highway 37 and Hughes Rd.. 
Route 120 widening in vicinity of 
Lock Haven 
Replace 
U.S. 
15 
bridge 
across 
Tioga River 
Wysox Narrows Rd (U S. 6) 
Improvements 
on 
Kennedy 
Ex-
pressway, except that the alloca-
tion percentages under this sec-
tion 
shall 
not 
apply 
to 
this 
project and, in lieu thereof, 1/3 
of the funds for such projects 
shall be available for obligation 
in each of fiscal years 1992, 1993, 
and 1994 
Southern Connector Highway im-
provements 
in 
Greenville 
County; Highway 17 Bridge Re-
placement Projects over Cooper 
River, Charleston; Carolina Bays 
Parkway improvements, Myrtle 
Beach (funds to be equitably di-
vided among these facilities) 
Rail Corridor Revitalization in Co-
For design and construction of a 
stormdrain retrofit on 1-95 and 
other highway runoff programs 
to protect Narragansett Bay 
For historic renovation and devel-
opment of an intermodal center 
at the Kingston Railroad Station.. 
AMOUNT 
in 
millions 
10 
36 
3.8 
56 
47 
27 
13.0 
20 
95 
90 
18 0 
417 
28 3 
05 
40 
32 
30 
175.0 
11.0 
40 
13.0 
2.0 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2055 
142. 
143. 
144. 
145. 
146. 
147. 
148. 
149. 
150. 
151. 
152. 
153. 
154. 
155. 
156. 
157. 
CITY/STATE 
Lincoln and Cumberland, 
Newport, Rhode Island 
Bristol, Rhode Islsind 
Pennsylvania 
Vermont 
Woonsocket, Rhode Island... 
Woonsocket, Rhode Islsmd... 
Woonsocket, Rhode Island... 
Cranston, Rhode Island 
Rhode Island 
New Hampshire 
North 
Conway, 
New 
Hampshire 
Wyoming 
Virginia 
INNOVATIVE PROJECTS 
For historic rehabilitation of the 
Albion 
Bridge 
and 
Albion 
Trench Bridge 
To develop the marine mode of the 
intermodal Gateway Transporta-
tion Center 
For road improvements in Bristol, 
Rhode Islfmd 
An applied technology demonstra-
tion 
in 
advanced 
technology 
demonstrations 
in 
advanced 
driver information systems, with 
a special emphasis on display in-
strumentation and information 
communications technology, to 
be carried out in cooperation 
with the Center for Advanced 
Design and Communication Arts 
Technology at the University of 
the Arts 
Construction of a highway from 
U.S. 7, North of Bennington, 
Vermont southwest to NY 7 in 
Hoosick, NY 
For construction of Route 99 Ex-
tension 
For repaving streets in Woon-
socket 
For improvements to 3 bridges 
crossing the Blackstone River 
For reconstruction and repaving of 
Park 
Avenue, 
Sockanossett 
Crossroads, Olney Arnold Road, 
South Comstock Parkway, Wild-
flower Drive, Aqueduct Road 
and Mapleton Street 
For operating expenses of the 
Rhode Island Public Transit Au-
thority 
To study corridor protection for 
New Hampshire Route 16 
To provide congestion relief on 
U.S. 302 and New Hampshire 
Route 16 
To widen U.S. 81 7-15 miles Belle-
ville to Concordia 
To construct Hutchinson Bypass 
between 
U.S. 
50 
and 
K-96 
Hutchinson, Kansas 
For reconstruction of county roads 
not 
on 
the 
State 
Highway 
System by the Wyoming State 
Department of Transportation 
For the rehabilitation, renovation. 
reconstruction, 
resurfacing, 
safety improvements and mod-
ernization on the existing 1,069 
mile Interstate system in Virgin-
ia to be distributed by the Com-
monwealth 
Transportation 
Board, to the maximum extent 
possible, on an equitable region-
AMOUNT 
in 
millions 
2.0 
6.0 
2.0 
2.0 
20.0 
1.96 
1.40 
0.35 
5.7 
18.0 
2.0 
6.3 
7.0 
24.4 
20.0 
63.5 
105 STAT. 2056 
PUBLIC LAW 102-240—DEC. 18, 1991 
CITY/STATE 
158 
159. 
160. 
161. 
162. 
163. 
164. 
165. 
166. 
167. 
168. 
169. 
170. 
171. 
172. 
173. 
Minnesota 
Minnesota 
Minnesota 
Minnesota 
New York, New York 
New York, New York 
New York, New York 
New York, NY 
Corning, NY 
Nelson 
County, 
North 
Dakota 
Stutsman County, North 
Dakota 
Stelle/Griggs 
County, 
North Dfdcota 
Grand 
Forks 
County, 
North Dakota 
Richland 
County, 
North 
Dakota 
Ward/McHenry 
County, 
North Dakota 
Bottineau County, North 
Dakota 
INNOVATIVE PROJECTS 
Hennepin 
County, 
Minnesota 
Bloomington 
Ferry 
Bridge/ 
C.S.A.H. 18 Replacement Project 
Bloomington, M N 
Nicollet 
County, 
Minnesota 
C.S.A.H. 41 for roadway stabili-
zation 
and 
rockfall 
control 
North Mankato, MN 
St. 
Cloud, 
Minnesota 
T.H. 
15 
bridge across Mississippi River 
and Interchange with T.H. 10 
Minnesota Safety Initiative Pro-
gram ($2 million to demonstrate 
the safety benefits of retoreflec-
tive pavement 
markings 
and 
signs, especially for nighttime 
and older drivers; $1 million to 
demonstrate the safety and envi-
ronmental benefits of elastomer 
modified asphalt in cold weather 
climates) 
Hell Gate Viaduct: upgrade, repair 
Ferry Landing, Battery Park: Re-
construction 
of ferry 
landing 
within Battery Park 
Foley Square Plaza: Transporta-
tion improvements & construc-
tion activities for Foley Square 
Plaza development 
Franklin Delano Roosevelt Drive: 
To reconstruct & improve sever-
al sections of Franklin Delano 
Roosevelt Drive 
Corning Bjrpass Improvements 
Grading & surfacing: from U.S. 
Highway 2 at Michigan souther-
ly to ND Highway 15 at McVille; 
and of FAS 3220 from ND 1 to 
ND 32 
Surfacing from 1-94 north & east 
through Spiritwood, then north 
to ND Highway 9 
Grading & surfacing of FAS 4612 
& FAS 2012 from ND 32 to ND 
45 
Surfacing of FAS 1822 from FAS 
1833 to 1-29, & FAS 1812 from 
FAS 1833 to 1-29, & FAS 1833 
from FAS 1824 to ND 15 
Grading & surfacing from Wahpe-
ton to the Froedtert Malting 
Plant 
Grading & surfacing FAS 5158 & 
FAS 2546 from U.S. 83 to ND 41... 
Grading & surfacing from Bottin-
AMOUNT 
in 
millions 
18.0 
3.0 
3.24 
3.0 
55.0 
2.0 
5.25 
10.0 
110 
8.5 
4.0 
2.9 
2.6 
0.6 
4.5 
2.4 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2057 
CITY/STATE 
174. 
175. 
176. 
177. 
178. 
179. 
180. 
181. 
182. 
183. 
184. 
185. 
186. 
McKenzie County, 
Dakota 
Wells 
County, 
Dakota 
Traill 
County, 
Dakota 
Eddy 
County, 
Dakota 
North 
North 
North 
North 
Renville/Ward 
County, 
North Dfikota 
Morton 
County, 
Dakota 
Walsh 
County, 
Dakota 
Dickey 
County, 
Dakota 
Burke 
County, 
Dakota 
Morton 
County, 
Dakota 
Rolette 
County, 
Dakota 
Oliver 
County, 
Dakota 
Williams County, 
Dakota 
North 
North 
North 
North 
North 
North 
North 
North 
INNOVATIVE PROJECTS 
Grading & surfacing of FAS 2750 
from U.S. 85 west 12 miles 
Grading & surfacing of FAS 5215 
from FAS 5208 north to the 
county line, & from U.S. 52, one 
mile west of Mcmfred, north to 
FAS 5208 
Grading & surfacing of FAS 4916 
from ND 200 east to the Red 
River 
Grading & surfacing of: FAS 1404 
from U.S. 281 east 10.5 miles & 
from ND 20 west 5.5 miles; & of 
FAS 1427 from ND 20 south 
about 8 miles 
Grading & surfacing, starting at 
FAS 3809 on the Ward County 
line south 4 miles & then east 2 
miles 
Grading & surfacing of FAS 3020 
from ND 49 southeasterly to 
FAS 3033 
Surfacing 
of 
FAS 
5017 
from 
Lankin south to the 
Nelson 
County line & FAS 5022 from 
Fordville east to ND 18 
Grading & surfacing of FAS 1112 
from U.S. 281 east to FAS 1127, 
FAS 1111 from ND 11 south to 
FAS 1124, & FAS 1137 from ND 
11 north to Guelph 
Grading & surfacing of FAS 0717 
from Lignite south to ND 50 
For a bypass from ND 1806 around 
the westside of Fort Lincoln 
State Park 
Grading & surfacing from U.S. 281 
around the access loop road in 
the Int'l. Peace Gardens 
Grading & surfacing of FAS 3331 
from ND 200A at Hensler south-
erly to ND 25, & FAS 3304 from 
FAS 3331 east to FAS 3339 
Grading & surfacing at County Rd. 
5 from U.S. 2 southerly to ND 
1804 
AMOUNT 
in 
millions 
23 
25 
28 
25 
09 
31 
25 
40 
4.4 
32 
19 
29 
2.5 
105 STAT. 2058 
PUBLIC LAW 102-240—DEC. 18, 1991 
CITY/STATE 
INNOVATIVE PROJECTS 
AMOUNT 
in 
millions 
187. 
Plummer, Idaho. 
188. 
Lemhi Ck)unty, Idaho. 
189. 
St. Maries, Idaho. 
190. 
Lewiston, Idaho. 
191. 
Bear Lake County, Idaho. 
192. 
Alabama. 
193. 
Coming, New York. 
194. 
Billihgs, Montana.. 
195. 
Missoula, Montana 
196. 
Orlando, Florida.... 
197. 
Toledo, Ohio 
198. 
New 
London-Groton/ 
Bridgeport/New Haven, 
Connecticut 
Reconstruct a total of 2.9 miles of 
SH-5 
(FAP-14) beginning 
at 
M.P. 0.5 in the City of Plummer 
in Benewah County to M.P. 1.1, 
and two additional segments lo-
cated on Peedee Hill from ap-
proximately M.P. 3.6 to M.P. 4.9 
and M.P. 5.7 to M.P. 6.7 
Reconstruct an 8.3 mile section of 
U.S. 
93 (FAP-35) 
in 
Lemhi 
County at the Idaho/Montana 
border. 23 U.S.C. 120(a) shall be 
applicable to the Federal share 
payable of the cost of such 
project 
Rehabilitate 
existing 
pavement 
structure for a total of 14.2 miles 
of Idaho Forest Highway 50, the 
St. Joe River Road between St. 
Maries and the Benewah/Sho-
shone County Line 
Construct a new road for a total of 
2.4 miles along FAU Route 7344, 
M.P. 0.0-2.4, in Bryden Canyon, 
Lewiston 
Reconstruct a 13.0 mile segment of 
U.S.-89 (FAP-53) between the 
communities of Montpelier and 
Geneva 
Improvements to Anniston East-
ern B3rpass, in the vicinity of 
U.S. 431 and Alabama State 
Hwy. 21 north of Anniston to 
the Golden Springs interchange 
on 1-20 
Additional funding for Corning 
B3rpass (Route 1), except any 
excess funds from the $13.4 mil-
lion in total funding for this 
project shall be available for 
construction of two additional 
expressway lanes from C!hautau-
qua Lake Bridge to Pennsylva-
nia border on Route 17 
Construction of the Shilo 1-90 
Interchange 
C!!onstruction of the Missoula Air-
port 1-90 Interchange 
Land & right-of-way acquisition & 
guideway construction for mag-
netic limitation project 
Design & initial construction of a 
new 1-280 Maumee River cross-
ing to replace the Craig Memori-
al Bridge 
Rehabilitate or replace: The Gold 
Star Bridge over the Thames 
River 1-95 between New London 
& Groton; the Bridge over the 
Yellow Mill Channel (Bridge-
port); & the Tomlinson Bridge 
on Rte. 1 over the Quinnipiac 
River (New Haven) 
3.6 
25.6 
3.4 
3.9 
18.5 
11.0 
2.4 
11.0 
7.0 
97.5 
37.0 
62.0 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2059 
CITY/STATE 
INNOVATIVE PROJECTS 
AMOUNT 
in 
millions 
199. 
Raleigh/Rocky 
Mount/ 
Elizabeth 
City, 
North 
• 
Carolina 
200. 
Binghamton, New York. 
201. 
District of Columbia 
202. 
Georgia 
203. 
Hawaii 
204. 
Oklahoma 
Design & Construction of inter-
state standard highway from 
Rocky Mount, NC to Elizabeth 
City, NC, & for the upgrading of 
1-64 from Raleigh, NC to Rocky 
Mount, NC, & Rte. 17 from Eliz-
abeth City to Norfolk. A sub-
stantial portion of the funding 
should be used for the Rocky 
Mount to Elizabeth segment 
A study of the feasibility of reha-
bilitation of the South Washing-
ton Street Bridge in Bingham-
ton, 
NY, to identify plans & 
specifications for repair if feasi-
ble 
Advanced composite bridge deck 
demonstration at Catholic Uni-
versity 
For 
any highway improvement 
projects 
eligibile for 
funding 
under title 23, United States 
Code 
For 
any highway improvement 
projects 
eligibile for 
funding 
under title 23, United States 
Code 
For 
any highway improvement 
projects 
eligibile for 
funding 
under title 23, United States 
Code 
30.0 
0.5 
0.2 
27.0 
6.0 
59.0 
(c) ALLOCATION PERCENTAGES.—8 percent of the amount allocated 
by subsection 03) for each project authorized by subsection (b) shall 
be available for obligation in fiscal year 1992. 18.4 percent of such 
amount shall be available for obligation in each of fiscal years 1993, 
1994,1995,1996, and 1997. 
(d) FEDERAL SHARE.—The Federal share payable on account of any 
project under this section shall be 80 percent of the cost thereof. 
(e) DELEGATION TO STATES.—Subject to the provisions of title 23, 
United States Code, the Secretary shall delegate responsibility for 
construction of a project or projecte under this section to the State in 
which such project or projects are located upon request of such 
State. 
(f) ADVANCE CONSTRUCTION.—When a State which has been dele-
gated responsibility for construction of a project under this section— 
(1) has obligated all funds allocated under this section for 
construction of such project; and 
(2) proceeds to construct such project without the aid of 
Federal funds in accordance with all procedures and all require-
ments applicable to such project, except insofar as such proce-
dures and requirements limit the State to the construction of 
projects with the aid of Federal funds previously allocated to it; 
the Secretary, upon the approval of the application of a State, shall 
pay to the State the Federal share of the cost of construction of the 
project when additional funds are allocated for such project under 
this section. 
105 STAT. 2060 
PUBLIC LAW 102-240—DEC. 18, 1991 
(g) REPORTS.—Not later than 1 year after completion of a project 
under this section, the State in which such project is located shall 
submit to the Secretary a report on the innovative techniques used 
in carrying out such project and on the results obtained through the 
use of such techniques. 
(h) APPUCABIUTY OF TITLE 23.—Funds authorized by this section 
shall be available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States Code, 
except that the Federal share of the cost of any project under this 
section shall be determined in accordance with this section and such 
funds shall remain available until expended. Funds authorized by 
this section shall not be subject to any obligation limitation. 
SEC. 1108. PRIORITY INTERMODAL PROJECTS. 
(a) PURPOSE.—The purpose of this section is to provide for the 
construction of innovative intermodal transportation projects. 
(b) AUTHORIZATION OF PRIORITY PROJECTS.—The Secretary is 
au-
thorized to carry out the priority intermodal transportation projects 
described in this subsection. Subject to subsection (c), there is au-
thorized to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account) for fiscal years 1992 through 1997 to 
carry out each such project the amount listed for each such project: 
CITY/STATE 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
8. 
9. 
Long Beach, California 
Wilmington/Los 
Angeles, 
California 
Wilmington/Los Angeles, 
California 
Compton City/Los Angeles 
County, California 
Pennsylvania 
Philadelphia, 
Pennsylva-
nia 
Ardmore, Oklahoma 
Detroit, Michigan 
E. 
Haven/Wallingford, 
Connecticut 
INTERMODAL PROJECTS 
Interchange at Terminal Island 
Freeway and Ocean Boulevard 
Widening of Anaheim Street Via-
duct 
Grade Separation Project of Pacif-
ic Coast Highway near Alameda 
Suite 
Widening of Alameda Street and 
grade separation between Rt. 91 
and Del Amo Boulevard 
Upgrading U.S. Highway 30 from 
Ohio Border to Pittsburgh Inter-
national Airport 
Reconstruction of the Old Dela-
ware Avenue Service Road 
Study of upgraded State Route 53 
off U.S. 35 leading to improved 
Ardmore Airport 
To relocate Van Dyke Street and 
construct 
a 
road 
depression 
under the runway at McNichols 
Road at the Detroit City Airport 
($1,000,000 of the Federal funds 
shall be for the relocation of 
Van Dyke Street) 
Improvement of highway and tran-
sit projects in East Haven/Wal-
lingford, Connecticut ($8.8 mil-
lion for East Haven Route 80, 
$2.4 million for Wallingford I-
91, and $0.7 million for Walling-
ford Oakdale) 
AMOUNT 
in 
millions 
11.8 
11.8 
11.8 
11.8 
3.2 
2.4 
2.5 
4.3 
10.1 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2061 
CITY/STATE 
10. 
11. 
12. 
13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 
21. 
22. 
23. 
24. 
St. Louis, Missouri 
Atlanta, Georgia 
Buffalo, New York 
Northern California 
Portland, Oregon 
Los Angeles, California 
Jacksonville, Florida 
Las Vegas, Nevada 
Ontario, California 
Allegheny County, Penn-
sylvania 
Pierce County, Washing-
ton 
San Jose, California 
American Samoa 
Manu'a Island, American 
Samoa 
Spokane, Washington 
INTERMODAL PROJECTS 
Rehabilitation of Eads Bridge, St. 
Louis, Missouri 
Study of 5-Points Intermodal Ter-
minal-Atlanta, Georgia 
Construction 
of Buffalo 
River/ 
Gateway Tunnel Project 
Purchase right-of-way and develop 
a transportation corridor in ex-
isting 
rail 
right-of-way 
from 
Larkspur to Korbel, and Novato 
to Lombard 
To widen 2.7 miles of U.S. 26 from 
the 
Zoo 
interchange 
to 
the 
Sylvan Interchange to accommo-
date highway lanes and light 
rail alignment 
For construction of a multi-modal 
transit parkway that includes 
both highway and transit im-
provements on Santa 
Monica 
Blvd. from the San Diego Free-
way to HoUjrwood Freeway, Los 
Angeles, California 
Construct new 1-295 Interchange 
and arterial access road to link 
Jacksonville's 
seaport, 
airport 
terminals and the interstate 
Conduct 
environmental 
studies 
and preliminary engineering for 
the western and northern por-
tions 
of 
the 
project 
linking 
McCarran International Airport 
with 1-15 
To complete construction of access 
roads to Ontario International 
Airport, Ontario, California 
For an expansion of the existing 
Martin Luther King, Jr. Busway 
in the vicinity of Allegheny 
County, Pennsylvania to serve 
the Greater Pittsburgh Interna-
tional 
Airport 
and 
adjoining 
communities 
Conduct feasibility study and ana-
lyze expanding Tacoma Narrows 
Bridge and other transportation 
alternatives between State Rd. 
16 and 1-5 
Upgrade Rt. 87 from 4 to 6 lanes 
including 2 HOV Lanes, a new 
freeway interchange and local 
circulation system for San Jose 
International Airport 
Rehabilitate 8 miles of Tau Road 
from Falessao to Fatuita Ameri-
can Samoa 
Rehabilitate 
and 
otherwise 
im-
prove 8 miles of roadway from 
Ofu to Olosfaga and Slie 
Conduct feasibility study of future 
transportation needs of South-
eastern, Washington 
AMOUNT 
in 
millions 
8.9 
2.4 
20.2 
15.1 
14.2 
8.9 
7.1 
3.8 
4.7 
21.7 
0.7 
14.8 
11 
1.2 
0.8 
105 STAT. 2062 
PUBLIC LAW 102-240—DEC. 18, 1991 
CITY/STATE 
INTERMODAL PROJECTS 
AMOUNT 
in 
millions 
25. 
Detroit, Michigan. 
26. 
Pittsburgh, Pennsylvania.. 
27. 
St. Louis, Missouri. 
28. 
Orange & Rockland, New 
York 
29. 
Philadelphia, 
Pennsylva-
nia 
30. 
Oxnard, California. 
31. 
Los Angeles, California. 
32. 
Mt. Vernon, New York. 
33. 
Orange County, New York 
34. 
Mississippi 
35. 
Jackson, Mississippi 
36. 
Palmdale, California 
37. 
Lafayette, Indiana 
38. 
Provo, Utah 
39. 
Pennsylvania 
40. 
Minneapolis, Minnesota 
41. 
Kansas City, Missouri 
42. 
Missouri 
43. 
Portland, Oregon 
44. 
Ft. Worth, Texas 
45. 
Gary, Indiana 
46. 
Carson/Los Angeles Coun-
ties, Cedifomia 
To provide for construction of an 
access road to Detroit Metropoli-
teui Airport including access on 
the southern end of the airport 
in order to provide a link to I-
275 
For design and construction of an 
exclusive busway linking Pitts-
burgh and the Pittsburgh Air-
port 
To construct a multi-modeil trans-
portation facility in St. Louis, 
Missouri 
To construct park and ride facili-
ties and establish 
innovative 
traffic 
management 
system 
measures to promote efficient 
transportation usage 
To improve mobility for a variety 
of traffic flow projects in the vi-
cinity of the Pennsylvania Con-
vention 
Center, 
Philadelphia, 
Pennsylvania 
To extend Rice Rd., widen Huene-
me Rd. and construct Rt. 1/Rice 
Rd. interchange in order to im-
prove access to Port Hueneme, 
Oxnard, California 
To improve ground access from Se-
pulveda Blvd. to Los Angeles, 
California 
To construct an intermodal facility 
at the Mt. Vernon Rail Station, 
Mt. Vernon, New York 
I-87/I-84 
Stuart Airport Inter-
change Project 
1-20 Interchange at Pirate 
Jackson Airport Connectors 
Avenue P8 Improvements 
Lafayette 
Railroad 
Relocation 
Project 
South Access Rd. to Provo Munici-
pal Airport 
Eastside Connector Project/Port of 
Erie Access, Erie County, Penn-
sylvania 
Intermodal 
Urban 
connection 
project, Minneapolis, Minnesota.. 
Bruce Watkins Roadway Improve-
ments 
Smith 
Riverfront 
Expressway, 
Jackson/Kansas City, Missouri.... 
Columbia Slough Intermodal Ex-
pansion 
Bridge, 
Portland, 
Oregon 
Ft. Worth Intermodal Center 
Extension of U.S. Highway 12/20 
to Lake Michigan 
Grade Separation Project at Sepul-
veda Boulevard and Alameda 
Street 
33.8 
9.8 
5.9 
4.7 
9.5 
8.9 
8.95 
7.1 
15.7 
3.4 
3.1 
3.6 
24.3 
1.0 
7.5 
19.9 
1.4 
12.7 
2.1 
13.4 
2.2 
9.5 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2063 
CITY/STATE 
47. 
48. 
49. 
50. 
51. 
Williamson, Travis, Cald-
well, 
and Guadalupe, 
Texas 
Augusta, Georgia 
Louisiana 
Long Beach, California 
INTERMODAL PROJECTS 
Feasibility studies (including the 
effect of closing Bergstrom AFB 
on traffic corridor), Route stud-
ies, 
preliminary 
engineering, 
and nght-of-way acquisition for 
Alternate Route to relieve I-H35 
traffic congestion 
Railroad relocation demonstration 
project, overpass at 15th Street 
ana Greene Street 
Saint Bernard Intermodal Facility 
Engineering, Design, and Con-
struction 
Long Beach Airport Access 
AMOUNT 
in 
millions 
5.2 
59 
10 2 
34 
8.5 
(c) ALLOCATION PERCENTAGES.—8 percent of the amount allocated 
by subsection (b) for each project authorized by subsection (b) shall 
be available for obligation in fiscal year 1992. 18.4 percent of such 
amount shall be available for obligation in each of fiscal years 1993, 
1994,1995,1996, and 1997. 
(d) FEDERAL SHARE.—The Federal share payable on account of any 
project under this section shall be 80 percent of the cost thereof. 
(e) DELEGATION TO STATES.—Subject to the provisions of title 23, 
United States Code, the Secretary shall delegate responsibility for 
construction of a project or projects under this section to the State in 
which such project or projects are located upon request of such 
State. 
(f) ADVANCE CONSTRUCTION.—When a State which has been dele-
gated responsibility for construction of a project under this section— 
(1) has obligated all funds allocated under this section for 
construction of such project; and 
(2) proceeds to construct such project without the aid of 
Federal funds in accordance with all procedures and all require-
ments applicable to such project, except insofar as such proce-
dures and requirements limit the State to the construction of 
projects with the aid of Federal funds previously allocated to it; 
the Secretary, upon the approval of the application of a State, shall 
pay to the State the Federal share of the cost of construction of the 
project when additional funds are allocated for such project under 
this section. 
(g) APPUCABIUTY OF TITLE 23.—Funds authorized by this section 
shall be available for obligation in the same manner £is if such funds 
were apportioned under chapter 1 of title 23, United States Code, 
except that the Federal share of the cost of any project under this 
section shall be determined in accordance with this section and such 
funds shall remain available until expended. Funds authorized by 
this section shall not be subject to any obligation limitation. 
(h) HIGHWAY AND MASS TRANSIT PROJECTS.—Each project 
au-
thorized by this section or by any other section of this Act is a 
highway or an urban mass transportation project. 
105 STAT. 2064 
PUBLIC LAW 102-240—DEC. 18, 1991 
SEC. 1109. INFRASTRUCTURE AWARENESS PROGRAM. 
(a) IN GENERAL.—For the purpose of creating an awareness by the 
public and State and local governments of the state of the Nation's 
infrastructure and to encourage and stimulate efforts by the public 
and such governments to undertake studies and projects to improve 
the infrastructure, the Secretary is authorized to fund the produc-
tion of a documentary in cooperation with a not-for-profit national 
public television station. 
(b) FUNDING.—There is authorized to be appropriated to the Sec-
retary to carry out this section $2,000,000 for fiscal years beginning 
after September 30, 1991, out of the Highway Trust Fund (other 
than the Mass Transit Account), which shall remain available until 
expended. All of the provisions of chapter 1 of title 23, United States 
Code, shall apply to the funds provided under this section. This 
section shall not be subject to any obligation limitation. 
S
y
m
m
s National 
pART B—NATIONAL RECREATIONAL TRAILS 
Recreational 
^ „ ^ , . ^ 
. ^ ^ 
Trails Act of 
F U N D A C T 
1991. 
16 u s e 1261 
SEC. 1301. SHORT TITLE. 
This part may be cited as the "Symms National Recreational 
Trails Act of 1991". 
16 use 1261. 
SEC. 1302. NATIONAL RECREATIONAL TRAILS FUNDING PROGRAM. 
(a) IN GENERAL.—The Secretary, in consultation with the Sec-
retary of the Interior, using amounts available in the Fund, shall 
administer a program allocating moneys to the States for the pur-
poses of providing and maintaining recreational trails. 
(b) STATEMENT OF INTENT.—Moneys made available under this 
part are to be used on trails and trail-related projects which have 
been planned and developed under the otherwise existing laws, 
policies and administrative procedures within each State, and which 
are identified in, or which further a specific goal of, a trail plan 
included or referenced in a Statewide Comprehensive Outdoor 
Recreation Plan required by the Land and Water Conservation 
Fund Act. 
(c) STATE EUGIBILITY.— 
(1) TRANSITIONAL PROVISION.—Until the date that is 3 years 
after the date of enactment of this part, a State shall be eligible 
to receive moneys under this Act only if such State's application 
proposes to use the moneys as provided in subsection (e). 
(2) PERMANENT PROVISION.—On and after the date that is 
three years after the date of the enactment of this Act, a State 
shall be eligible to receive moneys under this part only i
f
— 
(A) a recreational trail advisory board on which both 
motorized and nonmotorized recreational trail users are 
represented exists within the State; 
(B) in the case of a State that imposes a tax on non-
highway recreational fuel, the State by law reserves a 
resisonable estimation of the revenues from that tax for use 
in providing and maintaining recreational trails; 
(C) the Governor of the State has designated the State 
official or officials who will be responsible for administering 
moneys received under this Act; and 
(D) the State's application proposes to use moneys 
received under this part as provided in subsection (e). 
PUBLIC LAW 102-240~DEC. 18, 1991 
105 STAT. 2065 
(d) ALLOCATION OF MONEYS IN THE FUND.— 
(1) ADMINISTRATIVE COSTS.—No more than 3 percent of the 
expenditures made annually from the Fund may be used to pay 
the cost to the Secretary for— 
(A) approving applications of States for moneys under 
this part; 
(B) paying expenses of the National Recreational Trails 
Advisory Committee; 
(C) conducting national surveys of nonhighway rec-
reational fuel consumption by State, for use in making 
determinations and estimations pursuant to this part; and 
(D) if any such funds remain unexpended, research on 
methods to accommodate multiple trail uses and increase 
the compatibility of those uses, information dissemination, 
technical assistance, and preparation of a national trail 
plan as required by the National Trails System Act (16 
U.S.C. 1241 et al). 
(2) ALLOCATION TO STATES.— 
(A) AMOUNT.—Amounts in the Fund remaining after pay-
ment of the administrative costs described in paragraph (1), 
shall be allocated and paid to the States annually in the 
following proportions: 
(i) EQUAL AMOUNTS.—50 percent of such amounts 
shall be allocated equally among eligible States. 
(ii) AMOUNTS PROPORTIONATE TO NONHIGHWAY REC-
REATIONAL FUEL USE.—50 percent of such amounts shall 
be allocated among eligible States in proportion to the 
amount of nonhighway recreational fuel use during the 
preceding year in each such State, respectively. 
(B) USE OF 
DATA.—In 
determining 
amounts 
of 
nonhighway recreational fuel use for the purpose of 
subparagraph (A)(ii), the Secretary may consider data on 
off-highway vehicle registrations in each State. 
(3) LIMITATION ON OBUGATIONS.—The provisions of para-
graphs (1) and (2) notwithstanding, the total of all obligations 
for recreational trails under this section shall not exceed— 
(A) $30,000,000 for fiscal year 1992; 
(B) $30,000,000 for fiscal year 1993; 
(C) $30,000,000 for fiscal year 1994; 
(D) $30,000,000 for fiscal year 1995; 
(E) $30,000,000 for fiscal year 1996; and 
(F) $30,000,000 for fiscal year 1997. 
(e) USE OF ALLOCATED MONEYS.— 
(1) PERMISSIBLE USES.—A State may use moneys received 
under this part for— 
(A) in an amount not exceeding 7 percent of the amount 
of moneys received by the State, administrative costs of the 
State; 
(B) in an amount not exceeding 5 percent of the amount 
of moneys received by the State, operation of environ-
mental protection and safety education programs relating 
to the use of recreational trails; 
(C) development of urban trail linkages near homes and 
workplaces; 
(D) maintenance of existing recreational trails, including 
the grooming and maintenance of trails across snow; 
105 STAT. 2066 
PUBLIC LAW 102-240—DEC. 18, 1991 
(E) restoration of areas damaged by usage of recreational 
trails and back country terrain; 
(F) development of trail-side and trail-head facilities that 
meet goals identified by the National Recreational Trails 
Advisory Committee; 
(G) provision of features which facilitate the access and 
use of trails by persons with disabilities; 
(H) acquisition of easements for trails, or for trail cor-
ridors identified in a State trail plan; 
(I) acquisition of fee simple title to property from a 
willing seller, when the objective of the acquisition cannot 
be accomplished by acquisition of an easement or by other 
means; 
(J) construction of new trails on State, county, municipal, 
or private lands, where a recreational need for such 
construction is shown; and 
(K) only as otherwise permissible, and where necessary 
and required by a State Comprehensive Outdoor Recreation 
plan, construction of new trails crossing Federal lands, 
where such construction is approved by the administering 
agency of the State, and the Federal agency or agencies 
charged with management of all impacted lands, such ap-
proval to be contingent upon compliance by the Federal 
agency with all applicable laws, including the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.), the 
Forest and Rangeland Renewable Resources Planning Act 
of 1974, as amended (16 U.S.C. 1600 et seq.), and the Federal 
Land Policy and Management Act (43 U.S.C. 1701 et seq.). 
(2) USE NOT PERMITTED.—A State may not use moneys 
received under this part for— 
(A) condemnation of any kind of interest in property; 
(BXi) construction of any recreational trail on National 
Forest System lands for motorized uses unless such lands— 
(I) have been allocated for uses other than wilderness 
by an approved Forest land and resource management 
plan or have been released to uses other than wilder-
ness by an Act of Congress, and 
(II) such construction is otherwise consistent with the 
management direction in such approved land and 
resource management plan; or 
(ii) construction of any recreational trail on Bureau of 
Land Management lands for motorized uses unless such 
lands— 
(I) have been allocated for uses other than wilderness 
by an approved Bureau of Land Management resource 
management plan or have been released to uses other 
than wilderness by an Act of Congress, and 
(II) such construction is otherwise consistent with the 
management direction in such approved management 
plans; or 
(C) upgrading, expanding, or otherwise facilitating motor-
ized use or access to trails predominantly used by non-
motorized trail users and on which, as of May 1, 1991, 
motorized use is either prohibited or has not occurred. 
(3) GRANTS.— 
(A) IN GENERAL.—A State may provide moneys received 
under this part to make grants to private individuals, 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2067 
organizations, city and county governments, and other 
government entities as approved by the State after consid-
ering guidance from the recreational trail advisory board 
satisfying the requirements of subsection (cX2XA), for uses 
consistent with this section. 
(B) CoMPUANCE.—A State that issues such grants under 
subparagraph (A) shall establish measures to verify that 
recipients comply with the specified conditions for the use 
of grant moneys. 
(4) ASSURED ACCESS TO FUNDS.—Except as provided under 
paragraphs (6) and (8XB), not less than 30 percent of the moneys 
received annually by a State under this part shall be reserved 
for uses relating to motorized recreation, and not less than 30 
percent of those moneys shall be reserved for uses relating to 
non-motorized recreation. 
(5) DIVERSIFIED TRAIL USE.— 
(A) REQUIREMENT.—To the extent practicable and consist-
ent with other requirements of this section, a State shall 
expend moneys received under this part in a manner that 
gives preference to project proposals which— 
(i) provide for the greatest number of compatible 
recreational purposes including, but not limited to, 
those described under the definition of "recreational 
trail" in subsection (gX5); or 
(ii) provide for innovative recreational trail corridor 
sharing to accommodate motorized and non-motorized 
recreational trail use. 
This paragraph shall remain effective until such time as a 
State has allocated not less than 40 percent of moneys 
received under this part in the aforementioned manner. 
(B) CoMPUANCE.—The State shall receive guidance for 
determining compliance with subparagraph (A) from the 
recreational trail advisory board satisfying the require-
ments of subsection (cX2XA). 
(6) SMALL STATE EXCLUSION.—Any State with a total land area 
of less than 3,500,000 acres, and in which nonhighway rec-
reational fuel use accounts for less than 1 percent of all such 
fuel use in the United States, shall be exempted from the 
requirements of paragraph (4) of this subsection upon applica-
tion to the Secretary by the State demonstrating that it meets 
the conditions of this paragraph. 
(7) CONTINUING RECREATIONAL USE.—At the option of each 
State, moneys made available pursuant to this part may be 
treated as Land and Water Conservation Fund moneys for the 
purposes of section 6(f)(3) of the Land and Water Conservation 
Fund Act. 
(8) RETURN OF MONEYS NOT EXPENDED.— 
(A) Except as provided in subparagraph (B), moneys paid 
to a State that are not expended or dedicated to a specific 
project within 4 years after receipt for the purposes stated 
in this subsection shall be returned to the Fund and shall 
thereafter be reallocated under the formula stated in 
subsection (d). 
(B) If approved by the State recreational trail advisory 
board satisfying the requirements of subsection (cX2XA), 
may be exempted from the requirements of paragraph (4) 
and expended or committed to projects for purposes other-
105 STAT. 2068 
PUBLIC LAW 102-240—DEC. 18, 1991 
wise stated in this subsection for a period not to extend 
beyond 4 years after receipt, after which any remaining 
moneys not expended or dedicated shall be returned to the 
Fund and shall thereafter be reallocated under the formula 
stated in subsection (d). 
(f) COORDINATION OF ACTIVITIES.— 
(1) COOPERATION BY FEDERAL AGENCIES.—Each agency of the 
United States Government that manages land on which a State 
proposes to construct or maintain a recreation trail pursuant to 
this part is encouraged to cooperate with the State and the 
Secretary in planning and carrying out the activities described 
in subsection (e). Nothing in this part diminishes or in any way 
alters the land management responsibilities, plans and policies 
established by such agencies pursuant to other applicable laws. 
(2) COOPERATION BY PRIVATE PERSONS.— 
(A) WRITTEN ASSURANCES.—As a condition to making 
available moneys for work on recreational trails that would 
affect privately owned land, a State shall obtain written 
assurances that the owner of the property will cooperate 
with the State and participate as necessary in the activities 
to be conducted. 
(B) PuBUC ACCESS.—Any use of a State's allocated moneys 
on private lands must be accompanied by an easement or 
other legally binding agreement that ensures public access 
to the recreational trail improvements funded by those 
moneys. 
(g) DEFINITIONS.—For the purposes of this section— 
(1) EuGiBLE STATE.—The term "eligible State" means a State 
that meets the requirements stated in subsection (c). 
(2) FUND.—The term "Fund" means the National Rec-
reational Trails Trust Fund established by section 9511 of the 
Internal Revenue Code of 1986. 
(3) NoNHiGHWAY RECREATIONAL FUEL.—The term 
"non-
highway recreational fuel" has the meaning stated in section 
9503(cX6) of the Internal Revenue Code of 1986. 
(4) SECRETARY.—The term "Secretary" means the Secretary of 
Transportation. 
(5) RECREATIONAL TRAIL.—The term "recreational 
trail" 
means a thoroughfare or track across land or snow, used for 
recreational purposes such as bicycling, cross-country skiing, 
day hiking, equestrian activities, jogging or similar fitness 
activities, trail biking, overnight and long-distance backpacking, 
snowmobiling, aquatic or water activity and vehicular travel by 
motorcycle, four-wheel drive or all-terrain off-road vehicles, 
without regard to whether it is a "National Recreation Trail" 
designated under section 4 of the National Trails System Act (16 
U.S.C. 1243). 
(6) MOTORIZED RECREATION.—The term "motorized recreation" 
may not include motorized conveyances used by persons with 
disabilities, such as self-propelled wheelchairs, at the discretion 
of each State. 
16 use 1262. 
SEC. 1303. NATIONAL RECREATIONAL TRAILS ADVISORY COMMITTEE. 
(a) EsTABUSHMENT.—There is established the National Rec-
reational Trails Advisory Committee. 
(b) MEMBERS.—There shall be 11 members of the advisory commit-
tee, consisting of— 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2069 
(1) 8 members appointed by the Secretary from nominations 
submitted by recreational trail user organizations, one each 
representing the following recreational trail uses: 
(A) hiking, 
(B) cross-country skiing, 
(C) off-highway motorcycling, 
* 
(D) snowmobiling, 
(E) horseback riding, 
(F) all-terrain vehicle riding, 
(G) bicycling, and 
(H) four-wheel driving; 
(2) an appropriate official of government with a background 
in science or natural resources management, including any 
official of State or local government, designated by the Sec-
retary; 
(3) 1 member appointed by the Secretary from nominations 
submitted by water trail user organizations; and 
(4) 1 member appointed by the Secretary from nominations 
submitted by hunting and fishing enthusiast organizations. 
(c) CHAIRMAN.—The Chair of the advisory committee shall be the 
government official referenced in subsection (b)(2), who shall serve 
as a non-voting member. 
(d) SUPPORT FOR COMMITTEE ACTION.—Any action, recommenda-
tion, or policy of the advisory committee must be supported by at 
least five of the members appointed under subsection (b)(1). 
(e) TERMS.—Members of the advisory committee appointed by the 
Secretary shall be appointed for terms of three years, except that 
the members filling five of the eleven positions shall be initially 
appointed for terms of two years, with subsequent appointments to 
those positions extending for terms of three years. 
(f) DUTIES.—The advisory committee shall meet at least twice 
annually to— 
(1) review utilization of allocated moneys by States; 
(2) establish and review criteria for trail-side and trail-head 
facilities that qualify for funding under this part; and 
(3) make recommendations to the Secretary for changes in 
Federal policy to advance the purposes of this part. 
(g) ANNUAL REPORT.—The advisory committee shall present to the 
Secretary an annual report on its activities. 
(h) REIMBURSEMENT FOR EXPENSES,—Nongovernmental members 
of the advisory committee shall serve without pay, but, to the extent 
funds are available pursuant to section 1302(d)(1)(B), shall be enti-
tled to reimbursement for travel, subsistence, and other necessary 
expenses incurred in the performance of their duties. 
(i) REPORT TO CONGRESS.—Not later than 4 years after the date of 
the enactment of this Act, the Secretary shall prepare and submit to 
the Committee on Environment and Public Works of the Senate, 
and the Committee on Public Works and Transportation of the 
House of Representatives, a study which summarizes the annual 
reports of the National Recreational Trails Advisory Committee, 
describes the allocation and utilization of moneys under this part, 
and contains recommendations for changes in Federal policy to 
advance the purposes of this part. 
105 STAT. 2070 
Highway Safety 
Act of 1991. 
23 u s e 401 note. 
Reports. 
Reports. 
Reports. 
PUBLIC LAW 102-240—DEC. 18, 1991 
TITLE II—HIGHWAY SAFETY 
PART A—HIGHWAY SAFETY GRANT PROGRAMS 
SEC. 2001. SHORT TITLE. 
This part may be cited as the "Highway Safety Act of 1991". 
SEC. 2002. HIGHWAY SAFETY PROGRAMS. 
(a) UNIFORM GUIDELINES.—Section 402(a) of title 23, United States 
Code, is amended by inserting after the third sentence the following: 
"In addition, such uniform guidelines shall include programs (1) to 
reduce injuries and deaths resulting from motor vehicles being 
driven in excess of posted speed limits, (2) to encourage the proper 
use of occupant protection devices (including the use of safety belts 
and child restraint systems) by occupants of motor vehicles and to 
increase public awareness of the benefit of motor vehicles equipped 
with airbags, (3) to reduce deaths and injuries resulting from per-
sons driving motor vehicles while impaired by alcohol or a con-
trolled substance, (4) to reduce deaths and injuries resulting from 
accidents involving motor vehicles and motorcycles, (5) to reduce 
injuries and deaths resulting from accidents involving school buses, 
and (6) to improve law enforcement services in motor vehicle ac-
cident prevention, traffic supervision, and post-accident procedures. 
If the Secretary does not designate as priority programs those 
programs described in the preceding sentence, the Secretary shall 
submit to Congress a report describing the reasons for not 
prioritizing such programs. The Secretary shall establish a highway 
safety program for the collection and reporting of data on traffic-
related deaths and injuries by the States. Under such program, the 
States shall collect and report such data as the Secretary may 
require. The purposes of the program are to ensure national uniform 
data on such deaths and injuries and to allow the Secretary to make 
determinations for use in developing programs to reduce such 
deaths and injuries and making recommendations to Congress 
concerning legislation necessary to implement such programs. The 
program shall include information obtained by the Secretary under 
section 4007 of the Intermodal Surface Transportation Efficiency 
Act of 1991 and provide for annual reports to the Secretary on the 
efforts being made by the States in reducing deaths and injuries 
occurring at highway construction sites and the effectiveness and 
results of such efforts. The Secretary shall establish minimum 
reporting criteria for the program. Such criteria shall include, but 
not be limited to, criteria on deaths and injuries resulting from 
police pursuits, school bus accidents, and speeding, on traffic-related 
deaths and injuries at highway construction sites and on the 
configuration of commercial motor vehicles involved in motor ve-
hicle accidents.", 
(b) ADMINISTRATIVE REQUIREMENTS AND USE OF TECHNOIX)GY FOR 
TRAFFIC ENFORCEMENT.—Section 402(b) of such title is amended by 
adding at the end the following new paragraphs: 
"(3) ADMINISTRATIVE REQUIREMENTS.—The Secretary may 
not 
approve a State highway safety program under this section 
which does not— 
"(A) provide that the Governor of the State shall be 
responsible for the administration of the program through 
a State highway safety agency which shall have adequate 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2071 
powers and be suitably equipped and organized to carry out, 
to the satisfaction of the Secretary, such program; 
"(B) authorize political subdivisions of the State to carry 
out local highway safety programs within their jurisdic-
tions as a part of the State highway safety program if such 
local highway safety programs are approved by the Gov-
ernor and are in accordance with the minimum standards 
established by the Secretary under this section; 
"(C) except as provided in paragraph (5), provide that at 
least 40 percent of all Federal funds apportioned under this 
section to the State for any fiscsil year will be expended by 
the political subdivisions of the State, including Indian 
tribal governments, in carrying out local highway safety 
programs authorized in accordance with subparagraph (B); 
and 
"(D) provide adequate and reasonable access for the safe 
and convenient movement of individuals with disabilities, 
including those in wheelchairs, across curbs constructed or 
replaced on or after July 1, 1976, at all pedestrian cross-
walks throughout the State. 
"(4) WAIVER.—The Secretary may waive the requirement of 
paragraph (3XC), in whole or in part, for a fiscal year for any 
State whenever the Secretary determines that there is an 
insufficient number of local highway safety programs to justify 
the expenditure in the State of such percentage of Federal funds 
during the fiscal year. 
"(5) USE OF TECHNOLOGY FOR TRAFFIC ENFORCEMENT.—The 
Secretary may encourage States to use technologically advanced 
traffic enforcement devices (including the use of automatic 
speed detection devices such as photo-radar) by law enforcement 
officers.". 
(c) CONFORMING AMENDMENT.—Section 402(d) of such title is 
amended by striking "Federafaid primary" and inserting "National 
Highway System". 
SEC. 2003. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT. 
(a) GENERAL AUTHORITY; DRUGS, AND DRIVER BEHAVIOR.—Section 
403 of title 23, United States Code, is amended by striking subsec-
tions (a) and (b) and inserting the following new subsections: 
"(a) AUTHORITY OF THE SECRETARY.— 
"(1) IN GENERAL.—The Secretary is authorized to use funds 
appropriated to carry out this section to engage in research on 
all phases of highway safety and traffic conditions. 
"(2) ADDITIONAL AUTHORITY.—In addition, the Secretary may 
use the funds appropriated to carry out this section, either 
independently or in cooperation with other Federal depart-
ments or agencies, for— 
"(A) training or education of highway safety personnel, 
"(B) research fellowships in highway safety, 
"(C) development of improved accident investigation 
procedures, 
"(D) emergency service plans, 
"(E) demonstration projects, and 
"(F) related research and development activities which 
the Secretary deems will promote the purposes of this 
section. 
105 STAT. 2072 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(3) SAFETY DEFINED.—As used in this section, the term 
'safety' includes highway safety and highway safety-related 
research and development, including research and development 
relating to highway and driver characteristics, crash investiga-
tions, communications, emergency medical care, and transpor-
tation of the injured. 
"(b) DRUGS AND DRIVER BEHAVIOR.—In addition to the research 
authorized by subsection (a), the Secretary, in consultation with 
other Government and private agencies as may be necessary, is 
authorized to carry out safety research on the following: 
"(1) The relationship between the consumption and use of 
drugs and their effect upon highway safety and drivers of motor 
vehicles. 
"(2) Driver behavior research, including the characteristics of 
driver performance, the relationships of mental and physical 
abilities or disabilities to the driving task, and the relationship 
of frequency of driver crash involvement to highway safety.". 
(b) COLLABORATIVE RESEARCH AND DEVELOPMENT.—Section 403 of 
such title is amended by striking subsection (f) and inserting the 
following new subsection: 
"(f) COLLABORATIVE RESEARCH AND DEVELOPMENT.— 
"(1) IN GENERAL.—For the purpose of encouraging innovative 
solutions to highway safety problems, stimulating voluntary 
improvements in highway safety, and stimulating the market-
ing of new highway safety-related technology by private indus-
try, the Secretary is authorized to undertake, on a cost-shared 
basis, collaborative research and development with non-Federal 
entities, including State and local governments, colleges, and 
universities and corporations, partnerships, sole proprietor-
ships, and trade associations that are incorporated or estab-
lished under the laws of any State or the United States. This 
collaborative research may include crash data collection and 
analysis; driver and pedestrian behavior; and demonstrations of 
technology. 
"(2) COOPERATIVE AGREEMENTS.—In carrying out this subsec-
tion, the Secretary may enter into cooperative research and 
development agreements, as defined in section 12 of the Steven-
son-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a); 
except that in entering into such agreements, the Secretary 
may agree to provide not more than 50 percent of the cost of 
any research or development project selected by the Secretary 
under this subsection. 
"(3) PROJECT SELECTION.—In selecting projects to be conducted 
under this subsection, the Secretary shall establish a procedure 
to consider the views of experts and the public concerning the 
project areas. 
"(4) 
APPLICABILITY 
OF 
STEVENSON-WYDLER 
TECHNOLOGY 
INNOVATION ACT.—The research, development, or utilization of 
any technology pursuant to an agreement under the provisions 
of this subsection, including the terms under which technology 
may be licensed and the resulting royalties may be distributed, 
shall be subject to the provisions of the Stevenson-Wydler Tech-
nology Innovation Act of 1980.". 
(c) CONFORMING AMENDMENT.—Section 403(c) of such title is 
amended by striking "subsection (b)" and inserting "subsections (a) 
and (b)". 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2073 
SEC. 2004. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES. 
(a) IN GENERAL.—Section 410 of title 23, United States Code, is 
amended to read as follows: 
"§ 410. Alcohol-impaired driving countermeasures 
"(a) GENERAL AUTHORITY.—Subject to the provisions of this sec- Grants, 
tion, the Secretary shall make grants to those States which adopt 
and implement effective programs to reduce traffic safety problems 
resulting from persons driving while under the influence of alcohol 
or a controlled substance. Such grants may only be used by recipient 
States to implement and enforce such programs. 
"(b) MAINTENANCE OF EFFORT.—No grant may be made to a State 
under this section in any fiscal year unless such State enters into 
such agreements with the Secretary as the Secretary may require to 
ensure that such State will maintain its aggregate expenditures 
from all other sources for alcohol traffic safety programs at or above 
the average level of such expenditures in its 2 fiscal years preceding 
the date of the enactment of the Intermodal Surface Transportation 
Efficiency Act of 1991. 
"(c) BASIC GRANT ELIGIBIUTY.—A State is eligible for a basic grant 
under this section in a fiscal year only if such State provides for 4 or 
more of the following: 
"(1) Establishes an expedited driver's license suspension or 
revocation system for persons who operate motor vehicles while 
under the influence of alcohol which requires that— 
"(A) when a law enforcement officer has probable cause 
under State law to believe a person has committed an 
alcohol-related traffic offense and such person is deter-
mined, on the basis of a chemical test, to have been under 
the influence of alcohol while operating the motor vehicle 
or refuses to submit to such a test as proposed by the 
- 
officer, the officer shall serve such person with a written 
notice of suspension or revocation of the driver's license of 
such person and take possession of such driver's license; 
"(B) the notice of suspension or revocation referred to in 
subparagraph (A) shall provide information on the adminis-
trative procedures under which the State may suspend or 
revoke in accordance with the objectives of this section a 
driver's license of a person for operating a motor vehicle 
while under the influence of alcohol and shall specify any 
rights of the operator under such procedures; 
"(C) the State shall provide, in the administrative proce-
dures referred to in subparagraph (B), for due process of 
law, including the right to an administrative review of a 
driver's license suspension or revocation within the time 
*' 
period specified in subparagraph (F); 
"(D) after serving notice and taking possession of a driv-
er's license in accordance with subparagraph (A), the law 
enforcement officer immediately shall report to the State 
entity responsible for administering drivers' licenses all 
information relevant to the action taken in accordance with 
this clause; 
"(E) in the CEise of a person who, in any 5-year period 
beginning after the date of enactment of this section, is 
determined on the basis of a chemical test to have been 
operating a motor vehicle under the influence of alcohol or 
105 STAT. 2074 
PUBLIC LAW 102-240—DEC. 18, 1991 
is determined to have refused to submit to such a test as 
proposed by the law enforcement officer, the State entity 
responsible for administering drivers' licenses, upon receipt 
of the report of the law enforcement officer— 
"(i) shall suspend the driver's license of such person 
for a period of not less than 90 days if such person is a 
first offender in such 5-year period; and 
"(ii) shall suspend the driver's license of such person 
for a period of not less than 1 year, or revoke such 
license, if such person is a repeat offender in such 5-
year period; and 
"(F) the suspension and revocation referred to under 
subparagraph (D) shall take effect not later than 30 days 
after the day on which the person first received notice of 
the suspension or revocation in accordance with subpara-
graph (B). 
"(2XA) For each of the first three fiscal years in which a grant 
is received, any person with a blood alcohol concentration of 
0.10 percent or greater when driving a motor vehicle shall be 
deemed to be driving while intoxicated; and 
"(B) For each of the last two fiscal years in which a grant is 
received, any person with a blood alcohol concentration of 0.08 
percent or greater when driving a motor vehicle shall be 
deemed to be driving while intoxicated. 
"(3) A statewide program for stopping motor vehicles on a 
nondiscriminatory, lawful basis for the purpose of determining 
whether or not the operators of such motor vehicles are driving 
while under the influence of alcohol. 
"(4) A self-sustaining drunk driving prevention program 
under which a significant portion of the fines or surcharges 
collected from individuals apprehended and fined for operating 
a motor vehicle while under the influence of alcohol are re-
turned, or an equivalent amount of non-Federal funds are 
provided, to those communities which have comprehensive pro-
grams for the prevention of such operations of motor vehicles. 
"(5) An effective system for preventing operators of motor 
vehicles under age 21 from obtaining alcoholic beverages. Such 
system may include the issuance of drivers' licenses to individ-
uals under £ige 21 that are easily distinguishable in appearance 
from drivers' licenses issued to individuals age 21 years of age or 
older. 
"(d) AMOUNT OF BASIC GRANTS.—The amount of a basic grant to be 
made in a fiscal year under this section to a State eligible to receive 
^ 
such grant shall be 65 percent of the amount of funds apportioned to 
such State in such fiscal year under this section. 
"(e) SUPPLEMENTAL GRANTS.— 
"(1) BLOOD ALCOHOL CONCENTRATION FOR PERSONS UNDER AGE 
21.—A State shall be eligible to receive a supplemental grant in 
a fiscal year of 5 percent of the amount apportioned to the State 
^ 
in the fiscal year under this section if the State is eligible for a 
basic grant in the fiscal year and provides that any person 
under age 21 with a blood alcohol concentration of 0.02 percent 
or greater when driving a motor vehicle shall be deemed to be 
driving while intoxicated. 
"(2) OPEN CONTAINER LAWS.—A State shall be eligible to 
receive a supplemental grant in a fiscal year of 5 percent of the 
amount apportioned to the State in the fiscal year under this 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2075 
section if the State is eligible for a basic grant in the fiscal year 
and makes unlawful the possession of any open alcoholic bev-
erage container, or the consumption of any alcoholic beverage, 
in the passenger area of any motor vehicle located on a public 
highway or the right-of-way of a public highway, except— 
' (A) as allowed in the passenger area, by persons (other 
than the driver), of any motor vehicle designed to transport 
more than 10 passengers (including the driver) while being 
used to provide charter transportation of passengers; or 
"(B) as otherwise specifically allowed by such State, with 
the approval of the Secretary, but in no event may the 
driver of such motor vehicle be allowed to possess or 
consume an alcoholic beverage in the passenger area, 
"(3) 
SUSPENSION OF REGISTRATION AND RETURN OF UCENSE 
PLATES.—A State shall be eligible to receive a supplemental 
grant in a fiscal year of 5 percent of the amount apportioned to 
the State in the fiscal year under this section if the State is 
eligible for a basic grant in the fiscal year and provides for the 
suspension of the registration of, and the return to such State of 
the license plates for an individual who— 
"(A) has been convicted on more than 1 occasion of an 
alcohol-related traffic offense within any 5-year period 
beginning after the date of the enactment of the Intermodal 
Surface Transportation Efficiency Act of 1991; or 
"(B) has been convicted of driving while his or her driv-
er's license is suspended or revoked by reason of a convic-
tion for such an offense. 
A State may provide limited exceptions to such suspension of 
registration or return of license plates on an individual basis to 
avoid undue hardship to any individual (including any family 
member of the convicted individual and any co-owner of the 
motor vehicle) who is completely dependent on the motor ve-
hicle for the necessities of life. Such exceptions may not result 
in unrestricted reinstatement of the registration of the motor 
vehicle, unrestricted return of the license plates of the motor 
vehicle, or unrestricted return of the motor vehicle. 
"(4) MANDATORY BLOOD ALCOHOL CONCENTRATION TESTING PRO-
GRAMS.—A State shall be eligible to receive a supplemental 
grant in a fiscal year of 5 percent of the amount apportioned to 
the State in the fiscal year under this section if the State is 
eligible for a basic grant in the fiscal year and provides for 
mandatory blood alcohol concentration testing whenever a law 
enforcement officer has probable cause under State law to 
believe that a driver of a motor vehicle involved in an accident 
resulting in the loss of human life or, as determined by the 
Secretary, serious bodily injury, has committed an alcohol-
related traffic offense. 
"(5) DRUGGED DRIVING PREVENTION.—A State shall be eligible 
to receive a supplemental grant in a fiscal year of 5 percent of 
the amount apportioned to the State in the fiscal year under 
this section if the State is eligible for a basic grant in the fiscal 
year and— 
"(A) provides for laws concerning drugged driving under 
which— 
"(i) a person shall not drive or be in actual physical 
control of a motor vehicle while under the influence of 
alcohol, a controlled substance, a combination of con-
105 STAT. 2076 
PUBLIC LAW 102-240—DEC. 18, 1991 
trolled substances, or any combination of alcohol and 
controlled substances; 
"(ii) any person who operates a motor vehicle upon 
i 
the highwajrs of the State shall be deemed to have 
given consent to a test or tests of his or her blood, 
breath, or urine for the purpose of determining the 
blood alcohol concentration or the presence of con-
trolled substances in his or her body; and 
"(iii) the driver's license of a person shall be sus-
pended promptly, for a period of not less than 90 days 
in the case of a first offender and not less than 1 year 
in the case of any repeat offender, when a law enforce-
ment officer has probable cause under State law to 
believe such person has committed a traffic offense 
relating to controlled substances use, and such person 
(I) is determined, on the basis of 1 or more chemical 
tests, to have been under the influence of controlled 
substances while operating a motor vehicle, or (II) re-
fuses to submit to such a test as proposed by the officer; 
"(B) has in effect a law which provides that— 
"(i) any person convicted of a first violation of driving 
under the influence of controlled substances or alcohol, 
or both, shall receive— 
"(I) a mandatory license suspension for a period 
of not less than 90 days; and 
"(II) either an assignment of 100 hours of 
community service or a minimum sentence of 
imprisonment for 48 consecutive hours; 
"(ii) any person convicted of a second violation of 
driving under the influence of controlled substances or 
alcohol, or both, within 5 years after a conviction for 
the same offense shall receive a mandatory minimum 
sentence of imprisonment for 10 days and license rev-
ocation for not less than 1 year; 
"(iii) any person convicted of a third or subsequent 
violation of driving under the influence of controlled 
substances or alcohol, or both, within 5 years after a 
prior conviction for the same offense shall— 
"(I) receive a mandatory minimum sentence of 
imprisonment for 120 days; and 
(II) have his or her license revoked for not less 
than 3 years; and 
"(iv) any person convicted of driving with a sus-
pended or revoked license or in violation of a restric-
tion imposed as a result of a conviction for driving 
under the influence of controlled substances or alcohol, 
or both, shall receive a mandatory sentence of impris-
onment for at least 30 days, and shall upon release 
from imprisonment receive an additional period of li-
cense suspension or revocation of not less than the 
period of suspension or revocation remaining in effect 
at the time of commission of the offense of driving with 
a suspended or revoked license; 
"(C) provides for an effective system, as determined by 
the Secretary, for— 
"(i) the detection of driving under the influence of 
controlled substances; 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2077 
"(ii) the administration of a chemical test or tests to 
any driver who a law enforcement officer has probable 
cause under State law to believe has committed a 
traffic offense relating to controlled substances use; 
and 
"(iii) in instances where such probable cause exists, 
the prosecution of (I) those persons who are deter-
mined, on the basis of 1 or more chemical tests, to have 
been operating a motor vehicle while under the influ-
ence of controlled substances and (II) those persons who 
refuse to submit to such a test as proposed by a law 
enforcement officer; and 
"(D) has in effect 2 of the following programs: 
"(i) An effective educational program, as determined 
by the Secretary, for the prevention of driving under 
the influence of controlled substances. 
"(ii) An effective program, as determined by the 
Secretary, for training law enforcement officers to 
detect driving under the influence of controlled sub-
stances. 
"(iii) An effective program, as determined by the 
Secretary, for the rehabilitation and treatment of those 
convicted of driving under the influence of controlled 
substances. 
"(6) BLOOD ALCOHOL CONCENTRATION LEVEL PERCENTAGE.—A 
State shall be eligible to receive a supplemental grant in a fiscal 
year of 5 percent of the amount apportioned to the State in the 
fiscal year under this section if the State is eligible for a basic 
grant in the fiscal year and requires that any person with a 
blood alcohol concentration of .08 percent or greater when 
driving a motor vehicle shall be deemed to be driving while 
intoxicated in each of the first three fiscal years in which a 
basic grant is received. 
"(7) VIDEO EQUIPMENT FOR DETECTION OF DRUNK AND DRUGGED 
DRIVERS.—A State shall be eligible to receive a supplemental 
grant in a fiscal year of 5 percent of the amount apportioned to 
the State in the fiscal year under this section if the State is 
eligible for a basic grant in the fiscal year and provides a 
program to acquire video equipment to be used in detecting 
persons who operate motor vehicles while under the influence 
of alcohol or a controlled substance and in effectively prosecut-
ing those persons, and to train personnel in the use of that 
equipment. 
"(f) ADMINISTRATIVE EXPENSES.—Funds authorized to be appro-
priated to carry out this section shall be subject to a deduction not to 
exceed 5 percent for the necessary costs of administering the provi-
sions of this section, and the remainder shall be apportioned among 
the several States. 
"(g) APPORTIONMENT OF FUNDS.— 
"(1) FORMULA.—After the deduction under subsection (f), the 
remainder of the funds authorized to be appropriated to carry 
out this section shall be apportioned 75 percent in the ratio 
which the population of each State bears to the total population 
of all the States, as shown by the latest available Federal 
census, and 25 percent in the ratio which the public road 
mileage in each State bears to the total public road mileage in 
all States. 
Grants. 
Grants. 
105 STAT. 2078 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(2) DETERMINATION OF PUBUC ROAD MILEAGE.—For the pur-
poses of this subsection, the term 'public road' means any road 
under the jurisdiction of and maintained by a public authority 
and open to public travel. Public road mileage as used in this 
subsection shall be determined as of the end of the calendar 
year preceding the year in which the funds are apportioned and 
shall be certified to by the Governor of the State and subject to 
approval by the Secretary. 
(3) 
MINIMUM 
PERCENTAGE.—The annual 
apportionment 
under this paragraph to each State shall not be less than one-
half of 1 percent of the total apportionment; except that the 
apportionments to the Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern Mariana Islands shall 
not be less than one-quarter of 1 percent of the total apportion-
ment. 
"(4) REAPPORTIONMENT OF NONEUGIBLE STATE FUNDS.—If a 
State is not eligible for a basic grant or for a supplemental grant 
under this section in a fiscal year, the amount of funds appor-
^ tioned to the State in the fiscal year to make such grant shall be 
reapportioned to the other States eligible to receive such a grant 
in the fiscal year in accordance with the formula specified in 
this subsection. The reapportionment shall be made on the first 
day of the succeeding fiscal year. 
"(h) APPUCABIUTY OF CHAPTER 1,— 
"(1) IN GENERAL.—Except as otherwise provided in this 
subsection, all provisions of chapter 1 of this title that are 
applicable to National Highway System funds, other than provi-
sions relating to the apportionment formula and provisions 
limiting the expenditure of such funds to the Federal-aid sys-
tems, shall apply to the funds authorized to be appropriated to 
carry out this section. 
"(2) INCONSISTENT PROVISIONS.—If the Secretary determines 
that a provision of chapter 1 of this title is inconsistent with this 
1, 
section, such provision shall not apply to funds authorized to be 
appropriated to carry out this section. 
(3) CREDIT FOR STATE AND LOCAL EXPENDITURES.—The aggre-
gate of all expenditures made during any fiscal year by a State 
and its political subdivisions (exclusive of Federal funds) for 
carrying out the State highway safety program (other than 
planning and administration) shall be available for the purpose 
of crediting such State during such fiscal year for the non-
Federal share of the cost of any project under this section (other 
than one for planning or administration) without regard to 
whether such expenditures were actually made in connection 
with such project. 
"(4) 
INCREASED FEDERAL SHARE FOR CERTAIN INDIAN TRIBE 
PROGRAMS.—In the case of a local highway safety program 
carried out by an Indian tribe, if the Secretary is satisfied that 
an Indian tribe does not have sufficient funds available to meet 
the non-Federal share of the cost of such program, the Secretary 
may increase the Federal share of the cost thereof payable 
under this title to the extent necessary. 
"(5) TREATMENT OF TERM 'STATE HIGHWAY DEPARTMENT'.—In 
applying provisions of chapter 1 in carrying out this section, the 
term 'State highway department' as used in such provisions 
shall mean the Governor of a State and, in the case of an Indian 
tribe program, the Secretary of the Interior. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2079 
"(i) DEFINITIONS.—For the purposes of this section, the following 
definitions apply: 
"(1) ALCOHOLIC BEVERAGE.—The term 'alcoholic beverage' has 
the meaning such term has under section 158(c) of this title. 
"(2) CONTROLLED SUBSTANCES.—The term 'controlled sub-
stances' has the meaning such term has under section 102(6) of 
the Controlled Substances Act (21 U.S.C. 802(6)). 
"(3) MOTOR VEHICLE.—The term 'motor vehicle' has the mean-
ing such term has under section 154(b) of this title. 
"(4) OPEN ALCOHOLIC BEVERAGE CONTAINER.—The term 'open 
alcoholic beverage container' means any bottle, can, or other 
receptacle— 
"(A) which contains any amount of an alcoholic beverage; 
and 
"(BXi) which is open or has a broken seal, or 
"(ii) the contents of which are partially removed, 
"(j) FUNDING FOR FISCAL YEARS 1993-1997.—From sums made 
available to carry out section 402 of this title, the Secretary shall 
make available $25,000,000 for each of fiscal years 1993 through 
1997 to carry out this section.". 
(b) STATES EUGIBLE FOR GRANTS UNDER SECTION 410 BEFORE DATE 23 use 410 note. 
OF ENACTMENT.—A State which, before the date of the enactment of 
this Act, was eligible to receive a grant under section 410 of title 23, 
United States Code, as in effect on the day before such date of 
enactment, may elect to receive in a fiscal year grants under such 
section 410, as so in effect, in lieu of receiving in such fiscal year 
grants under such section 410, as amended by this Act. 
(c) CONFORMING AMENDMENT.—The analysis for chapter 4 of such 
title is amended by striking the item relating to section 410 and 
inserting the following: 
"410. Alcohol-impaired driving countermeasures.". 
SEC. 2005. AUTHORIZATION OF APPROPRIATIONS. 
For purposes of carrying out the provisions of title 23, United 
States Code, the following sums are authorized to be appropriated 
out of the Highway Trust Fund (other than the Mass Transit 
Account): 
(1) NHTSA HIGHWAY SAFETY PROGRAMS.—For carrying out 
section 402 of title 23, United States Code, by the National 
Highway Traffic Safety Administration $126,000,000 for fiscal 
year 1992 and $171,000,000 for each of fiscal years 1993, 1994, 
1995,1996, and 1997. 
(2) N H T S A HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.— 
For carrying out section 403 by the National Highway Traffic 
Safety Administration $44,000,000 for each of the fiscal years 
1992 through 1997. 
(3) ALCOHOL TRAFFIC SAFETY INCENTIVE GRANT PROGRAM.—For 
carrying out section 410 of such title $25,000,000 for fiscal year 
1992. 
SEC. 2006. DRUG RECOGNITION EXPERT TRAINING PROGRAM. 
23 USC 403 note. 
(a) ESTABUSHMENT.—The Secretary, acting through the National 
Highway Traffic Safety Administration, shall establish a regional 
program for implementation of drug recognition programs and for 
training law enforcement officers (including enforcement officials 
under the motor carrier safety assistance program) to recognize and 
identify individuals who are operating a motor vehicle while under 
105 STAT. 2080 
PUBLIC LAW 102-240—DEC. 18, 1991 
Termination 
date. 
the influence of alcohol or one or more controlled substances or 
other drugs. 
Reports. 
(b) ADVISORY COMMITTEE.—The Secretary shall establish a citizens 
advisory committee that shall report to Congress annually on the 
progress of the implementation of subsection (a). Members of the 
committee shall include 1 member of each of the following: Mothers 
Against Drunk Driving; a narcotics control organization; American 
Medical Association; American Bar Association; and such other 
organizations as the Secretary deems appropriate. The committee 
shall be subject to the provisions of the Advisory Committee Act and 
shall terminate 2 years after the date of the enactment of this Act. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account) to carry out this section $4,000,000 for each of 
fiscal years 1992 through 1997. 
(d) DEFINITION.—For purposes of this section, the term "controlled 
substance" means any controlled substance, as defined under sec-
tion 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), whose 
use the Secretary has determined poses a risk to transportation 
safety. 
SEC. 2007. NATIONAL DRIVER REGISTER ACT AUTHORIZATIONS. 
Section 211(b) of the National Driver Register Act of 1982 (23 
U.S.C. 401 note) is amended— 
(1) by striking "and" the second place it appears; and 
(2) by inserting before the period at the end the following: ", 
and not to exceed $4,000,000 for fiscal year 1992. From sums 
made available to carry out section 402 of title 23, United States 
Code, the Secretary shall make available $4,000,000 for each of 
fiscal years 1993 and 1994 to carry out this section.". 
23 use 402 note. SEC. 2008. EFFECTIVE DATE; APPLICABILITY. 
Except as otherwise provided, this title, including the amend-
ments made by this title, shall take effect on the date of the 
enactment of this Act, shall apply to funds authorized to be appro-
priated or made available after September 30, 1991, and shall not 
apply to funds appropriated or made available on or before such 
date of enactment. 
SEC. 2009. OBLIGATION CEILINGS. 
(a) IN GENERAL.—Sums authorized for fiscal year 1992 by sections 
2005(1), 2005(3), and 2006(c) of this Act and section 211(b) of the 
National Driver Register Act of 1982 shall be subject to the obliga-
tion limitation established by section 102 of this Act for fiscal year 
1992. 
23 use 402 note. 
(b) OBUGATION LIMITATION.—If an obligation limitation is placed 
on sums authorized to be appropriated to carry out section 402 of 
title 23, United States Code, for fiscal year 1993 or subsequent fiscal 
years, any amounts made available out of such funds to carry out 
sections 2004 and 2006 of this Act and section 2110)) of the National 
Driver Register Act of 1982 shall be reduced proportionally. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2081 
PART B—NHTSA AUTHORIZATIONS AND 
GENERAL PROVISIONS 
SEC. 2500. SHORT TITLE. 
This part may be cited as the "National Highway Traffic Safety 
Administration Authorization Act of 1991". 
SEC. 2501. AUTHORIZATION OF APPROPRIATIONS. 
(a) TRAFFIC AND MOTOR VEHICLE SAFETY PROGRAM.—For the Na-
tional Highway Traffic Safety Administration to carry out the 
National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 
1381 et seq.), there are authorized to be appropriated $68,722,000 for 
fiscal year 1992, $71,333,436 for fiscal year 1993, $74,044,106 for 
fiscal year 1994, and $76,857,782 for fiscal year 1995. 
(b) MOTOR VEHICLE INFORMATION AND COST SAVINGS PROGRAMS.— 
For the National Highway Traffic Safety Administration to carry 
out the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 
1901 et seq.), there are authorized to be appropriated $6,485,000 for 
fiscal year 1992, $6,731,430 for fiscal year 1993, $6,987,224 for fiscal 
year 1994, and $7,252,739 for fiscal year 1995. 
SEC. 2502. GENERAL PROVISIONS. 
(a) DEFINITIONS.—As used in this part— 
(1) the term "bus" means a motor vehicle with motive power, 
except a trailer, designed for carrying more than 10 persons; 
(2) the term "multipurpose passenger vehicle" means a motor 
vehicle with motive power (except a trailer), designed to carry 
10 persons or fewer, which is constructed either on a truck 
chassis or with special features for occasional off-road operation; 
(3) the term "passenger car" means a motor vehicle with 
motive power (except a multipurpose passenger vehicle, motor-
cycle, or trailer), designed for carrying 10 persons or fewer; 
(4) the term "truck" means a motor vehicle with motive 
power, except a trailer, designed primarily for the transpor-
tation of property or special purpose equipment; and 
(5) the term "Secretary" means the Secretary of Transpor-
tation. 
(b) PROCEDURE.— 
(1) IN GENERAL.—Except as provided in paragraph (2), any 
action taken under section 2503 shall be taken in accordance 
with the applicable provisions of the National Traffic and Motor 
Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.). 
(2) SPECIFIC PROCEDURE.— 
(A) INITIATION.—To initiate an action under section 2503, 
the Secretary shall, not later than May 31, 1992, publish in 
the Federal Register an advance notice of proposed rule-
making or a notice of proposed rulemaking, except that if 
the Secretary is unable to publish such a notice by such 
date, the Secretary shall by such date publish in the Fed-
eral Register a notice that the Secretary will begin such 
action by a certain date which may not be later than 
January 31, 1993 and include in such notice the resisons for 
the delay. A notice of delayed action shall not be considered 
agency action subject to judicial review. If the Secretary 
publishes an advance notice of proposed rulemaking, the 
Secretary is not required to follow such notice with a notice 
National 
Highway Traffic 
Safety 
Administration 
Authorization 
Act of 1991. 
15 use 1392 
note. 
Federal 
Register, 
publication. 
105 STAT. 2082 
PUBLIC LAW 102-240—DEC. 18, 1991 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
of proposed rulemaking if the Secretary determines on the 
beisis of such advanced notice and the comments received 
thereon that the contemplated action should not be taken 
under the provisions of the National Traffic and Motor 
Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.), including 
the provisions of section 103 of such Act (15 U.S.C. 1392), 
and if the Secretary publishes the reasons for such deter-
mination consistent with chapter 5 of title 5, United States 
Code. 
(B) COMPLETION.— 
(i) PERIOD.—Action under paragraphs (1) through (4) 
of section 2503 which was begun under subparagraph 
(A) shall be completed within 26 months of the date of 
publication of an advance notice of proposed rule-
making or 18 months of the date of publication of a 
notice of proposed rulemaking. The Secretary may 
extend for any reason the period for completion of a 
rulemaking initiated by the issuance of a notice of 
proposed rulemaking for not more than 6 months if the 
Secretary publishes the reasons for such extension. The 
extension of such period shall not be considered agency 
action subject to judicial review. 
(ii) ACTION.—A rulemaking under paragraphs (1) 
through (4) of section 2503 shall be considered com-
pleted when the Secretary promulgates a final rule or 
when the Secretary decides not to promulgate a rule 
(which decision may include deferral of the action or 
reinitiation of the action). The Secretary may not 
decide against promulgation of a final rule because of 
lack of time to complete rulemaking. Any such rule-
making actions shall be published in the Federal Reg-
ister, together with the reasons for such decisions, 
consistent with chapter 5 of title 5, United States Code, 
and the National Traffic and Motor Vehicle Safety Act 
of 1966. 
(iii) SPECIAL RULE.— 
(I) PERIOD.—Action under paragraph (5) of sec-
tion 2503 which was begun under subparagraph (A) 
shall be completed within 24 months of the date of 
publication of an advance notice of proposed rule-
making or a notice of proposed rulemaking. If the 
Secretary determines that there is a need for delay 
and if the public comment period is closed, the 
Secretary may extend the date for completion for 
not more than 6 months and shall publish in the 
Federal Register a notice stating the reasons for 
the extension and setting a date certain for comple-
tion of the action. The extension of the completion 
date shall not be considered agency action subject 
to judicial review. 
(II) ACTION.—A rulemaking under paragraph (5) 
of section 2503 shall be considered completed when 
the Secretary promulgates a final rule with stand-
ards on improved head injury protection. 
(C) STANDARD.—The Secretary may, as part of any action 
taken under section 2503, amend any motor vehicle safety 
standard or establish a new standard under the National 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2083 
Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 
et seq.). 
SEC. 2503. MATTERS BEFORE THE SECRETARY. 
The Secretary shall address the following matters in accordance 
with section 2502: 
(1) Protection against unreasonable risk of rollovers of pas-
senger cars, multipurpose passenger vehicles, and trucks with a 
gross vehicle weight rating of 8,500 pounds or less and an 
unloaded vehicle weight of 5,500 pounds or less. 
(2) Extension of passenger car side impact protection to multi-
purpose passenger vehicles and trucks with a gross vehicle 
weight rating of 8,500 pounds or less and an unloaded vehicle 
weight of 5,500 pounds or less. 
(3) Safety of child booster seats used in passenger cars and 
other appropriate motor vehicles. 
(4) Improved design for safety belts. 
(5) Improved head impact protection from interior compo-
nents of passenger cars (i.e. roof rails, pillars, and front 
headers). 
SEC. 2504. RECALL OF CERTAIN MOTOR VEHICLES. 
(a) NOTIFICATION OF DEFECT OR FAILURE TO COMPLY.—Section 153 
of the National Traffic and Motor Vehicle Safety Act of 1966 (15 
U.S.C. 1413) is amended by adding at the end the following new 
subsections: 
"(d) If the Secretary determines that a notification sent by a 
manufacturer pursuant to subsection (c) of this section has not 
resulted in an adequate number of vehicles or items of equipment 
being returned for remedy, the Secretary may direct the manufac-
turer to send a second notification in such manner as the Secretary 
may by regulation prescribe. 
"(e)(1) Any lessor who receives a notification required by section 
151 or 152 pertaining to any leased motor vehicle shall send a copy 
of such notice to the lessee in such manner as the Secretary may by 
regulation prescribe. 
"(2) For purposes of this subsection, the term 'leased motor ve-
hicle' means any motor vehicle which is leased to a person for a 
term of at least four months by a lessor who has leased five or more 
vehicles in the twelve months preceding the date of the 
notification.". 
(b) LIMITATION ON SALE OR LEASE OF CERTAIN VEHICLES.—Section 
154 of the National Traffic and Motor Vehicle Safety Act of 1966 (15 
U.S.C. 1414) is amended by adding at the end the following: 
"(d) If notification is required under section 151 or by an order 
under section 152(b) and has been furnished by the manufacturer to 
a dealer of motor vehicles with respect to any new motor vehicle or 
new item of replacement equipment in the dealer's possession at the 
time of notification which fails to comply with an applicable Federal 
motor vehicle safety standard or contains a defect which relates to 
motor vehicle safety, such dealer may sell or lease such motor 
vehicle or item of replacement equipment only if— 
"(1) the defect or failure to comply has been remedied in 
accordance with this section before delivery under such sale or 
lease; or 
"(2) in the case of notification required by an order under 
section 152(b), enforcement of the order has been restrained in 
105 STAT. 2084 
PUBLIC LAW 102-240—DEC. 18, 1991 
an action to which section 155(a) applies or such order has been 
set aside in such an action. 
Nothing in this subsection shall be construed to prohibit any dealer 
from offering for sale or lease such vehicle or item of equipment.". 
SEC. 2505. STANDARDS OF COMPLIANCE TEST PROGRAM. 
Section 103 of the National Traffic and Motor Vehicle Safety Act 
of 1966 (15 U.S.C. 1392) is amended by adding at the end the 
following: 
"(j) The Secretary shall establish and periodically review and 
update on a continuing basis a 5-year plan for testing Federal Motor 
Vehicle Safety Standards that are capable, in the Secretary's judg-
ment, of being tested. In developing the plan and establishing 
testing priorities, the Secretary shall take into consideration such 
factors as the Secretary deems appropriate, consistent with the 
purposes of this Act and the Secretary's other responsibilities under 
this Act. The Secretary may at any time adjust such priorities to 
address matters the Secretary deems of greater priority. The initial 
plan may be the 5-year plan for compliance testing in effect on the 
date of enactment of this subsection.". 
SEC. 2506. REAR SEATBELTS. 
The Secretary shall expend such portion of the funds authorized 
to be appropriated under the Motor Vehicle Information and Cost 
Savings Act (15 U.S.C. 1901 et seq.), for fiscal year 1993, as the 
Secretary deems necessary for the purpose of disseminating 
information to consumers regarding the manner in which passenger 
cars may be retrofitted with lap and shoulder rear seatbelts. 
SEC. 2507. BRAKE PERFORMANCE STANDARDS FOR PASSENGER CARS. 
Not later than December 31, 1993, the Secretary, in accordance 
with the National Traffic and Motor Vehicle Safety Act of 1966, 
shall publish an advance notice of proposed rulemaking to consider 
the need for any additional brake performance standards for pas-
senger cars, including antilock brake standards. The Secretary shall 
complete 
such 
rulemaking 
(in 
accordance 
with 
section 
2502(b)(2)(B)(ii)) not later than 36 months from the date of initiation 
of such advance notice of proposed rulemaking. In order to facilitate 
and encoursige innovation and early application of economical and 
effective antilock brake systems for all such vehicles, the Secretary 
shall, as part of the rulemaking, consider any such brake system 
adopted by a manufacturer. 
SEC. 2508. AUTOMATIC CRASH PROTECTION AND SAFETY BELT USE. 
(a) AMENDMENT OF STANDARD.— 
(1) SPECIFICATIONS.—Notwithstanding any other provision of 
law or rule, the Secretary shall by September 1, 1993, promul-
gate, in accordance with the National Traffic and Motor Vehicle 
Safety Act of 1966 (to the extent such Act is not in conflict with 
the provisions of this section), an amendment to Federal Motor 
Vehicle Safety Standard 208 issued under such Act to provide 
that the automatic occupant crash protection system for the 
front outboard designated seating positions of each— 
(A) new truck, bus, and multipurpose passenger vehicle 
(other than walk-in van-type trucks and vehicles designed 
to be exclusively sold to the United States Postal Service) 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2085 
with a gross vehicle weight rating of 8,500 pounds or less 
and an unloaded vehicle weight of 5,500 pounds or less, and 
(B) new passenger car, 
manufactured on or after the dates specified in the applicable 
schedule established by subsection Qa), shall be an inflatable 
restraint complying with the occupant protection requirements 
under section 4.1.2.1 of such Standard. This section supplements 
and revises, but does not replace. Federal Motor Vehicle Safety 
Standard 208, including the amendment to such Standard 208 of 
March 26, 1991 (56 F.R. 12472), extending the requirements for 
automatic crash protection, together with incentives for more 
innovative automatic crash protection, to trucks, buses, and 
multipurpose passenger vehicles. 
(2) REQUIREMENT.—The amendment to such Standard 208 
shall also require, to be effective as soon as possible after the 
promulgation of such amendment, that the owner manuals for 
passenger cars and trucks, buses, and multipurpose passenger 
vehicles equipped with an inflatable restraint include a state-
ment in an easily understandable format— 
(A) that the vehicle is equipped with an inflatable re-
straint referred to as an "airbag" and a lap and shoulder 
belt in either or both the front outboard seating positions; 
(B) that the airbag is a supplemental restraint; 
(C) that it does not substitute for lap and shoulder belts 
which must also be correctly used by an occupant in such 
seating position to provide restraint or protection not only 
from frontal crashes but from other types of crashes or 
accidents; and 
(D) that all occupants, including the driver, should always 
wear their lap and shoulder belts, where available, or other 
safety belts, whether or not there is an inflatable restraint. 
(3) FINDING.—The Congress finds that it is in the public 
interest for all States to adopt and enforce mandatory seat belt 
use laws and for the Federal Government to adopt and enforce 
mandatory seat belt use rules. 
O
t
>
) SCHEDULE.—The amendment promulgated under subsection (a) Effective dates, 
shall establish the following schedule: 
(1) NEW PASSENGER CARS.—The amendment shall take effect 
for 95 percent of each manufacturer's annual production of 
passenger cars manufactured on and after September 1, 1996, 
and before September 1, 1997, and for 100 percent of each 
manufacturer's production of passenger cars manufactured on 
and after September 1, 1997. Subject to the provisions of subsec-
tion (c), the percentage prescribed for passenger cars manufac-
tured on and after September 1, 1997, shall be met entirely by 
inflatable restraints (accompanied by lap and shoulder belts) for 
both front outboard seating positions. 
(2) NEW TRUCKS, BUSES, AND MULTIPURPOSE PASSENGER VE-
HICLES.—The amendment shall take effect for 80 percent of each 
manufacturer's annual production of trucks, buses, and multi-
purpose passenger vehicles described in subsection (aXl)(A) and 
manufactured on and after September 1, 1997, and before 
September 1, 1998, and for 100 percent of each manufacturer's 
production of such trucks, buses, and multipurpose passenger 
vehicles manufactured on and after September 1, 1998. Subject 
to the provisions of subsection (c), the percentage prescribed for 
such trucks, buses, and multipurpose passenger vehicles manu-
105 STAT. 2086 
PUBLIC LAW 102-240—DEC. 18, 1991 
Federal 
Register, 
publication. 
factured on and after September 1, 1998, shall be met entirely 
by inflatable restraints (accompanied by lap and shoulder belts) 
for both front outboard seating positions. The incentives or 
credits available under Standard 208 (as amended by this sec-
tion) prior to September 1, 1998, shall not be available to the 
manufacturers to comply with the 100 percent requirement of 
this paragraph on and after such date. 
(c) TEMPORARY EXEMPTION FROM REQUIREMENTS.—Upon applica-
tion by a manufacturer, in such manner and containing such 
information as the Secretary shall prescribe in the amendment 
under this section to such Standard 208, the Secretary may at any 
time, under such terms and conditions and to such extent as the 
Secretary deems appropriate, temporarily exempt or renew the 
exemption of a motor vehicle from the requirements of subsection 
(a) or (h), or both, if the Secretary finds that there has been a 
disruption in the supply of any inflatable restraint component, or a 
disruption in the use and installation by the manufacturer of such 
component due to unavoidable events not under the control of the 
manufacturer, that will prevent a manufacturer from meeting its 
anticipated production volume of vehicles with such restraints. Each 
application for such exemption must be filed by the manufacturer 
affected, and must specify the models, lines, and types of vehicles 
actually affected, although the Secretary may consolidate applica-
tions of a similar nature of 1 or more manufacturers. Any exemp-
tion or renewal shall be conditioned upon the manufacturer s 
commitment to recall the exempted vehicles for installation of 
omitted inflatable restraints within a reeisonable time proposed by 
the manufacturer and approved by the Secretary after such compo-
nents become available in sufficient quantities to satisfy both antici-
pated production and recall volume requirements. Notice of each 
application shall be published in the Federal Register and notice of 
each decision to grant or deny a temporary exemption, and the 
reasons for granting or denying it, shall be published in the Federal 
Register. The Secretary shall require labeling for each exempted 
motor vehicle which can only be removed after recall and installa-
tion of the required inflatable restraint. If a vehicle is delivered 
without an inflatable restraint, the Secretary shall require that 
written notification of the exemption be delivered to the dealer and 
first purchasers for purposes other than resale of such exempted 
motor vehicle in such a manner, and containing such information, 
as the Secretary deems appropriate. 
(d) CONSTRUCTION.—Nothing in this section shall be construed by 
the Secretary or any other person, including any court, as altering 
or affecting any other provision of law administered by the Sec-
retary and applicable to such passenger cars or trucks, buses, or 
multipurpose passenger vehicles or as establishing any precedent 
regarding the development and promulgation of any Federal Motor 
Vehicle Safety Standard. Nothing in this section or in the amend-
ments made under this section to Federal Motor Vehicle Safety 
Standard 208 shall be construed by any person or court as indicating 
an intention by Congress to affect, change, or modify in any way the 
liability, if any, of a motor vehicle manufacturer under applicable 
law relative to vehicles with or without inflatable restraints. 
(e) REPORT.—The Secretary shall biannually report, beginning 
October 1, 1992 and continuing to October 1, 2000, on the actual 
effectiveness of an occupant restraint system defined as the percent-
age reduction in fatalities or injuries of restrained occupants as 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2087 
compared to unrestrained occupants for the combination of inflated 
restraints and lap and shoulder belts, for inflated restraints alone, 
and for lap and shoulder belts alone. The Secretary, in consultation 
with the Secretary of Labor and the Secretary of Defense, shall also 
provide data and analysis on lap and shoulder belt use, nationally 
and in each State, by Federal, State, and local law enforcement 
officers, by military personnel, by Federal and State employees 
other than law enforcement officers, and by the public. 
if) AiRBAGS FOR CARS ACQUIRED FOR FEDERAL UsE.—The Secretary, 
in cooperation with the Administrator of General Services and the 
heads of other appropriate Federal agencies and consistent with 
applicable provisions of Federal procurement law and available 
appropriations, shall establish a program requiring that all pas-
senger cars acquired after September 30, 1994, for use by the 
Federal Government be equipped, to the maximum extent prac-
ticable, with driver-side inflatable restraints and that all passenger 
cars acquired after September 30, 1996, for use by the Federal 
Government be equipped, to the maximum extent practicable, with 
inflatable restraints for both the driver and front seat outboard 
seating positions. 
SEC. 2509. HEAD INJURY IMPACT STUDY. 
The Secretary, in the case of any head injury protection matters Reports, 
not subject to section 2503(5) for which the Secretary is on the date 
of enactment of this Act examining the need for rulemaking and is 
conducting research, shall provide a report to Congress by the end of 
fiscal year 1993 identifying those matters and their status. The 
report shall include a statement of any actions planned toward 
initiating such rulemaking no later than fiscal year 1994 or 1995 
through use of either an advance notice of proposed rulemaking or a 
notice of proposed rulemaking and completing such rulemaking as 
soon as possible thereafter. 
TITLE III—FEDERAL TRANSIT ACT 
AMENDMENTS OF 1991 
Federal Transit 
Act 
Amendments of 
1991. 
SEC. 3001. SHORT TITLE. 
This title may be cited as the "Federal Transit Act Amendments 
of 1991". 
SEC. 3002. AMENDMENTS TO URBAN MASS TRANSPORTATION ACT OF 1964. 
Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or 
repeal of, a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Urban Mass 
Transportation Act of 1964 (49 U.S.C. App. 1601-1621). 
SEC. 3003. AMENDMENT TO SHORT TITLE OF URBAN MASS TRANSPOR-
TATION ACT OF 1964. 
(a) IN GENERAL.—The Act is amended by striking "That this Act 
may be cited as the 'Urban Mass Transportation Act of 1964'." and 
inserting the following: 
"SECTION 1. SHORT TITLE. 
. "This Act may be cited as the 'Federal Transit Act'.". 
49 u s e app. 
1601 note. 
49 u s e app. 
1601 note. 
Federal Transit 
Act. 
105 STAT. 2088 
PUBLIC LAW 102-240—DEC. 18, 1991 
49 use app. 
(b) OTHER REFERENCES.—Any reference in a law, map, regulation, 
1601 note. 
document, paper, or other record of the United States to the Urban 
Mass Transportation Act of 1964 shall be deemed to be a reference 
to the "Federal Transit Act". 
SEC. 3004. FEDERAL TRANSIT ADMINISTRATION. 
(a) REDESIGNATION OF UMTA.—The Urban Mass Transportation 
Administration of the Department of Transportation shall be known 
and designated as the "Federal Transit Administration". 
(b) REFERENCES.—Any reference in a law, map, regulation, docu-
ment, paper, or other record of the United States to the Urban Mass 
Transportation Administration shall be deemed to be a reference to 
the "Federal Transit Administration". 
(c) AMENDMENTS TO TITLE 49.— 
(1) AMENDMENT TO TEXT.—Section 107(a) of title 49, United 
States Code, is amended by striking "Urban Mass Transpor-
tation 
Administration" 
and inserting 
"Federal 
Transit 
Administration". 
(2) AMENDMENT TO SECTION HEADING.—The heading for sec-
tion 107 of such title is amended to read as follows: 
"§ 107. Federal Transit Administration". 
(3) AMENDMENT TO CHAPTER ANALYSIS.—The analysis for chap-
ter 1 of such title is amended by striking the item relating to 
section 107 and inserting the following: 
"107. Federal Transit Administration.". 
(d) AMENDMENTS TO TITLE 5.—Title 5, United States Code, is 
amended— 
(1) in section 5314 by striking "Urban Mass Transportation 
Administrator" and inserting "Federal Transit Administrator"; 
and 
(2) in section 5316 by striking "Deputy Administrator, Urban 
Mass Transportation Administration" and inserting "Deputy 
Administrator, Federal Transit Administration". 
SEC. 3005. FINDINGS AND PURPOSES. 
49^USC app. 
(a) FINDINGS.—Section 2(a) is amended— 
(1) in paragraph (2) by striking "; and" and inserting a 
semicolon; 
(2) in paragraph (3) by striking the period and inserting 
"; and"; and 
(3) by adding at the end the following new paragraph: 
"(4) that significant transit improvements are necessary to 
achieve national goals for improved air quality, energy con-
servation, international competitiveness, and mobility for 
elderly persons, persons with disabilities, and economically dis-
advantaged persons in urban and rural areas of the country.", 
(b) PURPOSES.—Section 2(b) is amended— 
(1) in paragraph (2) by striking "; and" and inserting a 
semicolon; 
(2) in paragraph (3) by striking the period and inserting 
"; and"; and 
(3) by adding at the end the following new paragraph: 
"(4) to provide financial assistance to State and local govern-
ments and their instrumentalities to help implement national 
1601. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2089 
goals relating to mobility for elderly persons, persons with 
disabilities, and economically disadvantaged persons.". 
SEC. 3006. MAJOR CAPITAL INVESTMENT PROGRAM. 
(a) ELDERLY PERSONS AND PERSONS WITH DISABILITIES.—Section 
3(aXl) is amended by striking subparagraph (E) and inserting the 49USCapp. 
following new subparagraph: 
1602. 
"(E) transit projects which are planned, designed, and carried 
out to meet the special needs of elderly persons and persons 
with disabilities; and". 
(b) CORRIDOR DEVELOPMENT.—Section 3(a)(1) is further amended 
by adding at the end the following new subparagraph: 
"(F) the development of corridors to support fixed guideway 
systems, including protection of rights-of-way through acquisi-
tion, construction of dedicated bus and high occupancy vehicle 
lanes, construction of park and ride lots, and any other 
nonvehicular capital improvements that the Secretary may 
determine would result in increased transit usage in the 
corridor.". 
(c) GRANDFATHERED LETTERS OF INTENT.—This Act shall not be 49USCapp. 
construed to affect the validity of any existing letter of intent, full ^^^^ note, 
funding grant agreement, or letter of commitment issued under 
section 3(a)(4) of the Federal Transit Act before the date of the 
enactment of the Federal Transit Act Amendments of 1991. 
(d) ALLOCATIONS.—Section 3(k) is amended— 
(1) by striking paragraph (1) and inserting the following: 
"(1) IN GENERAL.—Subject to paragraph (3), of the amounts 
available for grants and loans under this section for fiscal years 
1992,1993,1994,1995,1996, and 1997— 
"(A) 40 percent shall be available for fixed guideway 
modernization; 
"(B) 40 percent shall be available for construction of new 
fixed guideway systems and extensions to fixed guideway 
systems; and 
"(C) 20 percent shall be available for the replacement, 
rehabilitation, and purchase of buses and related equip-
ment and the construction of bus-related facilities."; and 
(2) by adding at the end the following new paragraph: 
"(3) AREAS OTHER THAN URBANIZED AREAS.—At least 5.5 per-
cent of the amounts available for grants and loans under subsec-
tion (k)(l)(C) for fiscal years 1992, 1993, 1994, 1995, 1996, and 
1997 shall be available for areas other than urbanized areas.". 
(e) BOND INTEREST ON ADVANCE CONSTRUCTION.—Section 3(1)(2)(B) 
is amended by striking "the excess of—" and all that follows 
through the period and inserting "the most favorable interest terms 
reasonably available for the project at the time of borrowing. The 
applicant shall certify, in a form satisfactory to the Secretary, that 
the applicant has shown due diligence in seeking the most favorable 
financial terms.". 
(f) FEDERAL SHARE.—Section 4(a) is amended— 
49 use app. 
(1) by striking "75 per centum" and inserting "80 percent"; l^^^-
and 
(2) by inserting before the period at the end of the second 
sentence the following: ", unless the recipient of the grant 
requests a lower Federal grant percentage". 
(g) LOCAL SHARE FOR CERTAIN PLANNED EXTENSIONS OF FIXED 
GUIDEWAY SYSTEMS.—Section 4(a) is amended by adding at the end 
105 STAT. 2090 
PUBLIC LAW 102-240—DEC. 18, 1991 
the following new sentence: "The remainder of the net project cost 
of a planned extension to a fixed guideway system may include the 
cost of rolling stock previously purchased if the applicant dem-
onstrates to the satisfaction of the Secretary that— 
"(1) such purchase was made solely with non-Federal funds; 
and 
"(2) such purchase was made for use on the extension.". 
49USCapp. 
(h) FISCAL CAPACITY CONSIDERATIONS.—Section 4 is amended— 
^^"^- 
(1) by striking subsections (b), (c), (d), (e), (f), and (g) and 
redesignating subsections (h) and (i) as subsections Ot)) and (c), 
respectively; and 
(2) by adding at the end the following new subsection: 
"(d) FISCAL CAPACITY CONSIDERATIONS.—If the Secretary gives 
priority consideration to the funding of projects which include more 
than the non-Federal share required by subsection (a), the Secretary 
shall give equal consideration to differences in the fiscal capacity of 
State and local governments.". 
SEC. 3007. CAPITAL GRANTS; TECHNICAL AMENDMENT TO PROVIDE FOR 
EARLY SYSTEMS WORK CONTRACTS AND FULL FUNDING 
GRANT AGREEMENTS. 
49 use app. 
Section 3(a)(4) is amended— 
^^^2. 
(1) by inserting "(A)" after "(4)"; 
(2) in the fifth sentence by inserting "not less than" after 
"complete"; 
(3) by adding after the sixth sentence the following: 
"(B) The Secretary is authorized to enter into a full funding grant 
agreement with an applicant, which agreement shall— 
"(i) establish the terms and conditions of Federal financial 
participation in a project under this section; 
"(ii) establish the maximum amounts of Federal 
financial 
assistance for such project; 
"(iii) cover the period of time to completion of the project, 
including any period that may extend beyond the period of any 
authorization; and 
"(iv) facilitate timely and efficient management of such 
project in accordance with Federal law. 
"(C) An agreement under subparagraph (B) shall obligate an 
amount of available budget authority specified in law and may 
include a commitment, contingent upon the future availability of 
budget authority, to obligate an additional amount or additional 
amounts from future available budget authority specified in law. 
The agreement shall specify that the contingent commitment does 
not constitute an obligation of the United States. The future avail-
ability of budget authority referred to in the first sentence of this 
subparagraph shall be amounts to be specified in law in advance for 
commitments entered into under subparagraph (B). Any interest 
and other financing costs of efficiently carrying out the project or a 
portion thereof within a reasonable period of time shall be consid-
ered as a cost of carrying out the project under a full funding grant 
agreement; except that eligible costs shall not be greater than the 
costs of the most favorable financing terms reasonably available for 
the project at the time of borrowing. The applicant shall certify, in a 
form satisfactory to the Secretary, that the applicant has shown due 
diligence in seeking the most favorable financing terms. The total of 
amounts stipulated in a full funding grant agreement for a fixed 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2091 
guideway project shall be sufficient to complete not less than an 
operable segment, 
"(D) The Secretary is authorized to enter into an early systems 
work agreement with an applicant if a record of decision pursuant 
to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) has been issued on the project and the Secretary determines 
that there is reason to believe— 
"(i) a full funding grant agreement will be entered into for the 
project; and 
"(ii) the terms of the early systems work agreement will 
promote ultimate completion of the project more rapidly and at 
less cost. 
The early systems work agreement shall obligate an amount of 
available budget authority specified in law and shall provide for 
reimbursement of preliminary costs of project implementation, 
including land acquisition, timely procurement of system elements 
for which specifications are determined, and other activities that the 
Secretary determines to be appropriate to facilitate efficient, long-
term project management. An early systems work agreement shall 
cover such period of time as the Secretary deems appropriate, which 
period may extend beyond the period of current authorization. The 
interest and other financing costs of carrying out the early systems 
work agreement efficiently and within a reasonable period of time 
shall be considered as a cost of carrying out the agreement; except 
that eligible costs shall not be greater than the costs of the most 
favorable financing terms reasonably available for the project at the 
time of borrowing. The applicant shall certify, in a form satisfactory 
to the Secretary, that the applicant has shown due diligence in 
seeking the most favorable financing terms. If an applicant fails to 
implement the project for reasons within the applicant's control, the 
applicant shall repay all Federal payments made under the early 
systems work agreement plus such reasonable interest and penalty 
charges as the Secretary may establish in the agreement."; 
(4) by inserting "(E)" before "The total estimated" and align-
ing subparagraph (E) with subparagraph (D); 
(5) in the sentence that begins "The total estimated"— 
(A) by inserting ", and contingent commitments to incur 
obligations," after "Federal obligations"; 
(B) by inserting ", early systems work agreements, and 
full funding grant agreements," after "all outstanding let-
ters of intent,"; and 
(C) by inserting "or 50 percent of the uncommitted cash 
balance remaining in the Mass Transit Account of the 
Highway Trust Fund, including amounts received from 
taxes and interest earned in excess of amounts that have 
been previously obligated, whichever is greater" after "sec-
tion 3 of this Act"; and 
(6) in the sentence that begins "The total amount covered", by 
inserting "and contingent commitments included in early sys-
tems work agreements and full funding grant agreements" 
after "by new letters issued,". 
SEC. 3008. FIXED GUIDEWAY MODERNIZATION. 
Section 3 is amended by striking subsection (h) and inserting the 49 USC app. 
following new subsection: 
1602. 
"(h) 
FIXED GUIDEWAY MODERNIZATION APPORTIONMENTS.—The 
Secretary shall apportion the sums made available for fixed guide-
105 STAT. 2092 
PUBLIC LAW 102-240—DEC. 18, 1991 
way modernization under this section for each of fiscal years 1992, 
1993,1994,1995,1996, and 1997 as follows: 
"(1) The first $455,000,000 made available shall be appor-
tioned for expenditure in the following urbanized areas accord-
ing to the following percentages: 
"(A) Baltimore, 1.84 percent. 
"(B) Boston, 8.56 percent. 
"(C) Chicago/Northwestern Indiana, 17.18 percent. 
"(D) Cleveland, 2.09 percent. 
"(E) New York, 35.57 percent. 
"(F) Northeastern New Jersey, 9.04 percent, 
"(G) Philadelphia/Southern New Jersey, 12.41 percent. 
"(H) San Francisco, 7.21 percent. 
"(I) Southwestern CJonnecticut, 6.10 percent. 
"(2) The next $42,700,000 made available shall be apportioned 
for expenditure in the following urbanized areas according to 
the following percentages: 
"(A) New York, 33.2341 percent. 
"(B) Northeastern New Jersey, 22.1842 percent. 
"(C) Philadelphia and Southern New Jersey, 5.7594 
i3ercent. 
"(D) San Francisco, 2.7730 percent. 
"(E) Pittsburgh, 31.9964 percent. 
"(F) New Orleans, 4.0529 percent. 
"(3) The next $70,000,000 made available shall be apportioned 
for expenditure— 
"(A) 50 percent in the urbanized areas listed in para-
graphs (1) and (2) according to the apportionment formula 
contained in section 9(b)(2); and 
"(B) 50 percent in other urbanized areas eligible for 
assistance under section 9(b)(2) of this Act which contain a 
fixed guideway system placed in revenue service not less 
than 7 years prior to the fiscal year in which funds are 
made available and in other urbanized areas which before 
the first day of the fiscal year demonstrate to the satisfac-
tion of the Secretary that the urbanized area has mod-
ernization needs which cannot be adequately met with 
amounts received under section 9(b)(2) according to the 
apportionment formula contained in such section. 
"(4) Any remaining amounts made available in a fiscal year 
shall be apportioned for expenditure in each urbanized area 
I 
eligible for assistance under paragraphs (1), (2), and (3) in 
accordance with the apportionment formula contained in sec-
tion 9(b)(2). 
"(5) In any fiscal year in which the full amounts authorized 
under paragraphs (1) and (2) are not made available, the Sec-
retary shall reduce on a pro rata basis the apportionments of all 
urbanized areas eligible under either paragraph to adjust for 
the shortfall. 
"(6) Notwithstanding any other provision of law, rail mod-
ernization funds allocated to the New Jersey Transit Corpora-
tion under this paragraph may be spent in any urbanized area 
in which the New Jersey Transit Corporation operates rail 
service regardless of the urbanized area which generates the 
funding.". 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2093 
SEC. 3009. BUS TESTING. 
Section 3 is amended by adding at the end the following new 49USCapp. 
subsection: 
^^^2. 
"(m) Bus TESTING.—Of the amounts made available for replace-
ment, rehabilitation, and purchase of buses and related equipment 
and the construction of bus related facilities by subsection (k)(l)(C), 
the Secretary shall make available $1,500,000 in fiscal year 1992, 
$2,000,000 in fiscal year 1993, the lesser of $2,000,000 or an amount 
the Secretary determines to be necessary per fiscal year in each of 
fiscal years 1994, 1995, and 1996, and the lesser of $3,000,000 or an 
amount the Secretary determines to be necessary in fiscal year 1997. 
Such amounts shall be available to the Secretary to pay 80 percent 
of the cost of testing a vehicle at the facility established under 
section 317 of the Surface Transportation and Uniform Relocation 
Assistance Act of 1987 (49 U.S.C. App. 1608). The Secretary shall 
make such payments by contract with the operator of the facility. 
The remaining 20 percent of the cost of testing a vehicle shall be 
paid to the operator of the facility by the entity having the vehicle 
tested.". 
SEC. 3010. CRITERIA FOR NEW STARTS. 
Section 3(i) is amended to read as follows: 
"(i) NEW START CRITERIA.— 
"(1) DETERMINATIONS.—A grant or loan for construction of a 
new fixed guideway system or extension of any fixed guideway 
system may not be made under this section unless the Secretary 
determines that the proposed project— 
"(A) is based on the results of an alternatives analysis 
and preliminary engineering; 
"(B) is justified based on a comprehensive review of its 
mobility 
improvements, 
environmental 
benefits, 
cost 
effectiveness, and operating efficiencies; and 
"(C) is supported by an acceptable degree of local finan-
cial commitment, including evidence of stable and depend-
able funding sources to construct, maintain, and operate 
the system or extension. 
"(2) CONSIDERATIONS.—In making determinations under this 
subsection, the Secretary— 
"(A) shall consider the direct and indirect costs of rel-
evant alternatives; 
"(B) shall account for costs related to such factors as 
congestion relief, improved mobility, air pollution, noise 
pollution, congestion, energy consumption, and all associ-
ated ancillary and mitigation costs necessary to implement 
each alternative analyzed; and 
"(C) shall identify and consider transit supportive exist-
ing land use policies and future patterns, and consider 
other factors including the degree to which the project 
increases the mobility of the transit dependent population 
or promotes economic development, and other factors that 
the Secretary deems appropriate to carry out the purposes 
of this Act. 
"(3) GUIDELINES.— 
"(A) IN GENERAL.—The Secretary shall issue guidelines 
that set forth the means by which the Secretary shall 
evaluate results of alternatives analysis, project justifica-
105 STAT. 2094 
PUBLIC LAW 102-240—DEC. 18, 1991 
tion, and degree of local financial commitment for the 
purposes of paragraph (1). 
"(B) PROJECT JUSTIFICATION.—Project justification criteria 
shall be adjusted to reflect differences in local land costs, 
construction costs, and operating costs. 
"(C) FINANCIAL COMMITMENT.—The degree of local finan-
cial commitment shall be considered acceptable only if— 
"(i) the proposed project plan provides for the avail-
ability of contingency funds that the Secretary deter-
mines to be reasonable to cover unanticipated cost 
overruns; 
"(ii) each proposed local source of capital and operat-
ing funding is stable, reliable, and available within the 
proposed project timetable; and 
"(iii) local resources are available to operate the 
overall proposed transit system (including essential 
feeder bus and other services necessary to achieve the 
projected ridership levels) without requiring a reduc-
tion in existing transit services in order to operate the 
proposed project. 
"(D) STABIUTY ASSESSMENT.—In assessing the stability, 
reliability, and availability of proposed sources of local 
funding, the Secretary shall consider— 
"(i) existing grant commitments; 
"(ii) the degree to which funding sources are dedi-
cated to the purposes proposed; and 
"(iii) any debt obligations which exist or are proposed 
by the recipient for the proposed project or other tran-
sit purposes. 
"(4) PROJECT ADVANCEMENT.—No project shall be advanced 
from alternatives analysis to preliminary engineering unless 
the Secretary finds that the proposed project meets the require-
ments of this section and there is a reasonable chance that the 
project will continue to meet these requirements at the conclu-
sion of preliminary engineering. 
"(5) EXCEPTIONS.— 
"(A) IN GENERAL.—A new fixed guideway system or 
extension shall not be subject to the requirements of this 
subsection and the simultaneous evaluation of such projects 
in more than one corridor in a metropolitan area shall not 
be limited if (i) the project is located within an extreme or 
severe nonattainment area and is a transportation control 
measure, as defined by the Clean Air Act, that is required 
to carry out an approved State Implementation Plan, or (ii) 
assistance provided under this section accounts for less 
than $25,000,000 or less than V
a of the total cost of the 
project or an appropriate program of projects as determined 
by the Secretary. 
"(B) EXPEDITED PROCEDURES.—In the case of a project that 
is (i) located within a nonattainment area that is not an 
extreme or severe nonattainment area, (ii) a transportation 
control measure, as defined in the Clean Air Act, and (iii) 
required to carry out an approved State Implementation 
Plan, the simultaneous evaluation of projects in more than 
one corridor in a metropolitan area shall not be limited and 
the Secretary shall make determinations under this subsec-
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2095 
tion with expedited procedures that will promote timely 
implementation of the State Implementation Plan. 
"(C) EXCLUSION FOR CERTAIN PROJECTS.—That portion of a 
project (including any commuter rail service project on an 
existing right-of-way) financed entirely with highway funds 
made available under the Federal-Aid Highway Act of 1991 
shall not be subject to the requirements of this subsection. 
"(6) PROJECT IMPLEMENTATION.—A project funded pursuant to 
this subsection shall be implemented by means of a full funding 
grant agreement.". 
SEC. 3011. ASSURED TIMETABLE FOR PROJECT REVIEW. 
(a) IN GENERAL.—Section 3(a) is amended by striking paragraph 49 USC app. 
(6) and inserting the following new paragraphs: 
1602. 
"(6) ASSURED TIMETABLE FOR PROJECTS IN ALTERNATIVES ANALY-
SIS, PREUMINARY ENGINEERING, OR FINAL DESIGN STAGES.— 
"(A) ALTERNATIVES ANALYSIS STAGE.—For any new fixed 
guideway project that the Secretary permits to advance into 
the alternatives analysis stage of project review, the Sec-
retary shall cooperate with the applicant in alternatives 
analysis and in preparation of a draft environmental 
impact statement, and shall approve the draft environ-
mental impact statement for circulation not later than 45 
days after the date on which such draft is submitted to the 
Secretary by the applicant. 
"(B) PREUMINARY ENGINEERING STAGE.—Following cir-
culation of the draft environmental impact statement and 
not later than 30 days after selection by the applicant of a 
locally preferred alternative, the Secretary shall permit the 
project to advance to the preliminary engineering phase if 
the Secretary finds the project is consistent with the cri-
teria set forth in subsection (i). 
"(C) FINAL DESIGN STAGE.—The Secretary shall issue a 
record of decision and permit a project to advance to the 
final design stage of construction not later than 120 days 
after the date of completion of the final environmental 
impact statement for such project. 
"(D) FULL FUNDING GRANT AGREEMENT.—The Secretary 
shall negotiate and enter into a full funding grant agree-
ment for a project not later than 120 days after the date on 
which such project has entered the final design stage of 
construction. Such full funding grant agreement shall pro-
vide for a Federal share of the cost of construction that is 
not less than the Federal share estimated in the Secretary's 
most recent report required under section 3(j) or an update 
thereof unless otherwise requested by an applicant. 
"(7) PERMITTED DELAYS IN PROJECT REVIEW.— 
"(A) IN GENERAL.—Advancement of a project under the 
timetables specified under paragraph (6) shall be delayed 
only— 
"(i) for such period of time as the applicant, solely at 
the applicant's discretion, may request; or 
"(ii) during such period of time as the Secretary 
finds, after reasonable notice and opportunity for com-
ment, that the applicant has failed, for reasons solely 
attributable to the applicant, to comply substantially 
105 STAT. 2096 
PUBLIC LAW 102-240—DEC. 18, 1991 
with requirements of this Act with respect to the 
project. 
"(B) EXPLANATION OF DELAY.—Not more than 10 days 
after imposing any delay under subparagraph (A)(ii), the 
Secretary shall provide the applicant with a written state-
ment that (i) explains the reasons for such delay, and (ii) 
describes all steps which the applicant must take to end the 
period of delay. 
"(C) REPORTS.—The Secretary shall report, not less fre-
quently than once every 6 months, to the Committee on 
Public Works and Transportation of the House of Rep-
resentatives and the Committee on Banking, Housing and 
Urban Affairs of the Senate in any case in which the 
Secretary— 
"(i) fails to meet a deadline established by paragraph 
(6); or 
"(ii) delays the application of a deadline under 
subparagraph (A)(ii). 
Such report shall explain the reasons for the delay and 
include a plan for achieving timely completion of the Sec-
retary's review of the project. 
"(8) TREATMENT OF PROGRAMS OF INTERRELATED PROJECTS.— 
"(A) FULL FUNDING GRANT AGREEMENT.—In accordance 
with the timetables established by paragraph (6) or as 
otherwise provided by law, the Secretary shall enter into 1 
or more full funding grant agreements for each program of 
interrelated projects described in subparagraph (C). Such 
full funding grant agreements shall include commitments 
to advance each of the applicant's program elements (in the 
program of interrelated projects) through the appropriate 
stages of project review in accordance with the timetables 
established by paragraph (6) or as otherwise provided for a 
project by law, and to provide Federal funding for each such 
program element. Such full funding grant agreements may 
also be amended, if appropriate, to include design and 
construction of particular program elements. Inclusion of a 
nonfederally funded program element in a program of 
interrelated projects shall not be construed as imposing 
Federal requirements which would not otherwise apply to 
such program element. 
"(B) CONSIDERATIONS.—When reviewing any project in a 
program of interrelated projects, the Secretary shall con-
sider the local financial 
commitment, 
transportation 
effectiveness, and other assessment factors of all program 
elements to the extent that such consideration expedites 
project implementation. 
"(C) PROGRAMS OF INTERRELATED PROJECTS.—For the pur-
poses of this paragraph, programs of interrelated projects 
shall include the following: 
"(i) The New Jersey Urban Core Project as defined by 
the Federal Transit Act Amendments of 1991. 
"(ii) The San Francisco Bay Area Rail Extension 
Program, which consists of not less tl^an the following 
elements: an extension of the San Francisco Bay Area 
Rapid Transit District to the San Francisco Inter-
national Airport (Phase la to Colma and Phase lb to 
San Francisco Airport), the Santa Clara County Transit 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2097 
District Tasman Corridor Project, and any other pro-
gram element designated by any modification to Metro-
politan Transportation Commission Resolution No. 
1876, as well as program elements financed entirely 
with non-Federal funds, including the BART Warm 
Springs Extension, Dublin Extension, and West Pitts-
burg Extension. 
"(iii) The Los Angeles Metro Rail Minimum Operable 
Segment-3 Program, which consists of 7 stations and 
approximately 11.6 miles of heavy rail subway on the 
following lines: 
"(I) 1 line running west and northwest from the 
Hollywood/Vine station to the North Hollywood 
station, with 2 intermediate stations; 
"(11) 1 line running west from the Wilshire/ 
Western station to the Pico/San Vicente station, 
with 1 intermediate station; and 
"(III) the East Side Extension, consisting of an 
initial line of approximately 3 miles in length, with 
at lesist 2 stations, beginning at Union Station and 
running generally east. 
"(iv) 
The 
Baltimore-Washington 
Transportation 
Improvements Program, which consists of the following 
elements: 3 extensions of the Baltimore Light Rail to 
Hunt Valley, Penn Station and Baltimore-Wgishington 
Airport; MARC extensions to Frederick and Waldorf, 
Maryland; and an extension of the Washington Subway 
system to Largo, Maryland. 
"(v) The Tri-County Metropolitan Transportation 
District of Oregon Westside Light Rail Program, which 
consists of the following elements: the locally preferred 
alternative for the Westside Light Rail Project, includ-
ing system related costs, set forth in Public Law 101-
516 and as defined in House Report 101-584; and the 
Hillsboro extension to the Westside Light Rail Project 
as set forth in Public Law 101-516. 
"(vi) The Queens Local/Express Connector Program 
which consists of the following elements: the locally 
P
referred alternative for the connection of the 63rd 
treet tunnel extension to the Queens Boulevard lines; 
the bell-mouth portion of the connector which would 
allow for future access by both commuter rail trains 
and other subway lines to the 63rd Street tunnel exten-
sion; planning elements for connecting both upper and 
lower level to commuter and subway lines in Long 
Island City; and planning elements for providing a 
connector for commuter rail service to the East side of 
Manhattan and subway lines to the proposed Second 
Avenue subway. 
"(vii) The Dallas Area Rapid Transit Authority light 
rail elements of the New System Plan, which consists 
of the following elements: the locally preferred alter-
native for the South Oak Cliff corridor; the South Oak 
Cliff corridor extension-Camp Wisdom; the West Oak 
Cliff corridor-Westmoreland; the North Central cor-
ridor-Park Lane; the North Central corridor-Richard-
son, Piano and Garland extensions; the Pleasant Grove 
105 STAT. 2098 
PUBLIC LAW 102-240—DEC. 18, 1991 
corridor-Buckner; and the CarroUton corridor-Farmers 
Branch and Las Colinas terminal. 
"(viii) Such other programs as may be designated in 
law or by the Secretary.". 
Effective date. 
(b) TRANSITIONAL PROVISION.—In the case of a project (including 
1602 rwte^^ 
programs of interrelated projects) that, as of the date of enactment 
of this Act, has reached a particular stage of project review under 
section 3(a)(6) of the Federal Transit Act, the timetables applicable 
to subsequent stages of project review contained in such section 
shall take effect on the date of enactment of this Act. 
SEC. 3012. METROPOLITAN PLANNING. 
The Act is amended by striking section 8 and inserting the 
following new section: 
49 u s e app. 
"SEC. 8. METROPOLITAN PLANNING. 
1f?07 
"(a) GENERAL REQUIREMENTS.—It is in the national interest to 
encourage and promote the development of transportation systems 
embracing various modes of transportation in a manner which will 
efficiently maximize mobility of people and goods within and 
through urbanized areas and minimize transportation-related fuel 
consumption and air pollution. To accomplish this objective, metro-
politan planning organizations, in cooperation with the State, shall 
develop transportation plans and programs for urbanized areas of 
the State. Such plans and programs shall provide for the develop-
ment of transportation facilities (including pedestrian walkways and 
bicycle transportation facilities) which will function as an inter-
modal transportation system for the State, the metropolitan areas, 
and the Nation. The process for developing such plans and programs 
shall provide for consideration of all modes of transportation and 
shall be continuing, cooperative, and comprehensive to the degree 
appropriate, based on the complexity of the transportation 
problems. 
"(b) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS,— 
"(1) IN GENERAL.—To carry out the transportation planning 
process required by this section, a metropolitan planning 
organization shall be designated for each urbanized area of 
more than 50,000 population by agreement among the Governor 
and units of general purpose local government which together 
represent at least 75 percent of the affected population (includ-
ing the central city or cities as defined by the Bureau of the 
Census) or in accordance with procedures established by ap-
plicable State or local law. 
"(2) MEMBERSHIP OF CERTAIN MPO'S,—In a metropolitan area 
designated as a transportation management area, the metro-
politan planning organization designated for such area shall 
include local elected officials, officials of agencies which admin-
ister or operate major modes of transportation in the metropoli-
tan area (including all transportation agencies included in the 
metropolitan planning organization on June 1, 1991) and appro-
priate State officials. This paragraph shall only apply to a 
metropolitan planning organization which is redesignated after 
the date of the enactment of this section. 
"(3) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in 
this subsection shall be construed to interfere with the author-
ity, under any State law in effect on the date of the enactment 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2099 
of this section, of a public agency with multimodal transpor-
tation responsibilities to— 
"(A) develop plans and programs for adoption by a metro-
politan planning organization; and 
"(B) develop long-range capital plans, coordinate transit 
services and projects, and carry out other activities pursu-
ant to State law. 
"(4) CONTINUING DESIGNATION.—Designations of metropolitan 
planning organizations, whether made under this section or 
other provisions of law, shall remain in effect until redesignated 
under paragraph (5) or revoked by agreement among the Gov-
ernor and units of general purpose local government which 
together represent at least 75 percent of the affected population 
or as otherwise provided under State or local procedures. 
"(5) REDESIGN 
ATiON.— 
"(A) PROCEDURES.—A metropolitan planning organization 
may be redesignated by agreement among the Governor 
and units of general purpose local government which to-
gether represent at least 75 percent of the affected popu-
lation (including the central city or cities as defined by the 
Bureau of the Census) as appropriate to carry out this 
section. 
"(B) CERTAIN REQUESTS TO REDESIGNATE.—A metropolitan 
planning organization shall be redesignated upon request of 
a unit or units of general purpose local government rep-
resenting at least 25 percent of the affected population 
(including the central city or cities as defined by the Bureau 
of the Census) in any urbanized area (i) whose population is 
more than 5,000,000 but less than 10,000,000, or (ii) which is 
an extreme nonattainment area for ozone or carbon mon-
oxide as defined under the Clean Air Act. Such redesigna-
tion shall be accomplished using procedures established by 
subparagraph (A). 
"(6) TREATMENT OF LARGE URBAN AREAS.—More than 1 metro-
politan planning organization may be designated within an 
urbanized area as defined by the Bureau of the Census only if 
the Governor determines that the size and complexity of the 
urbanized area make designation of more than 1 metropolitan 
planning organization for such area appropriate. 
"(c) METROPOUTAN AREA BOUNDARIES.—For the purposes of this 
section, the boundaries of a metropolitan area shall be determined 
by agreement between the metropolitan planning organization and 
the Governor. Each metropolitan area shall cover at least the 
existing urbanized area and the contiguous area expected to become 
urbanized within the 20-year forecEist period and may encompass the 
entire Metropolitan Statistical Area or Consolidated Metropolitan 
Statistical Area, as defined by the Bureau of the Census. For areas 
designated as nonattainment areas for ozone or carbon monoxide 
under the Clean Air Act, the boundaries of the metropolitan area 
shall at least include the boundaries of the nonattainment area, 
except as otherwise provided by agreement between the metropoli-
tan planning organization and the Governor. 
"(d) COORDINATION IN MULTI-STATE AREAS.— 
"(1) IN GENERAL.—The Secretary shall establish such require-
ments as the Secretary considers appropriate to encourage 
Governors and metropolitan planning organizations 
with 
responsibility for a portion of a multi-State metropolitan area to 
105 STAT. 2100 
PUBLIC LAW 102-240—DEC. 18, 1991 
provide coordinated transportation planning for the entire 
metropolitan area. 
"(2) COMPACTS.—The consent of Congress is hereby given to 
any 2 or more States to enter into agreements or compacts, not 
in conflict with any law of the United States, for cooperative 
efforts and mutual assistance in support of activities authorized 
under this section as such activities pertain to interstate areas 
and localities within such States and to establish such agencies, 
joint or otherwise, as such States may deem desirable for 
making such agreements and compacts effective. 
"(e) COORDINATION OF MPO'S.—If more than 1 metropolitan plan-
ning organization has authority within a metropolitan area or an 
area which is designated as a nonattainment area for ozone or 
carbon monoxide under the Clean Air Act, each metropolitan plan-
ning organization shall consult with the other metropolitan plan-
ning organizations designated for such area and the State in the 
coordination of plans and programs required by this section. 
"(f) FACTORS TO BE CONSIDERED.—In developing transportation 
plans and programs pursuant to this section, each metropolitan 
planning organization shall, at a minimum, consider the following: 
"(1) Preservation of existing transportation facilities and, 
where practical, ways to meet transportation needs by using 
existing transportation facilities more efficiently. 
"(2) The consistency of transportation planning with ap-
plicable Federal, State, and local energy conservation programs, 
goals, and objectives. 
"(3) The need to relieve congestion and prevent congestion 
from occurring where it does not yet occur. 
"(4) The likely effect of transportation policy decisions on land 
use and development and the consistency of transportation 
plans and programs with the provisions of all applicable short-
and long-term land use and development plans. 
"(5) The programming of expenditure on transportation 
enhancement activities as required in section 133. 
"(6) The effects of all transportation projects to be undertaken 
within the metropolitan area, without regard to whether such 
projects are publicly funded. 
"(7) International border crossings and access to ports, air-
ports, intermodal transportation facilities, major freight dis-
tribution routes, national parks, recreation areas, monuments 
and historic sites, and military installations. 
"(8) The need for connectivity of roads within the metropoli-
tan area with roads outside the metropolitan area. 
"(9) The transportation needs identified through use of the 
management systems required by section 303 of this title. 
"(10) Preservation of rights-of-way for construction of future 
transportation projects, including identification of unused 
rights-of-way which may be needed for future transportation 
corridors and identification of those corridors for which action is 
most needed to prevent destruction or loss. 
"(11) Methods to enhance the efficient movement of freight. 
"(12) The use of life-cycle costs in the design and engineering 
of bridges, tunnels, or pavement. 
"(13) The overall social, economic, energy, and environmental 
effects of transportation decisions. 
"(14) Methods to expand and enhance transit services and to 
increase the use of such services. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2101 
"(15) Capital investments that would result in increased secu-
rity in transit systems. 
'(g) DEVELOPMENT OF LONG RANGE PLAN.— 
"(1) IN GENERAL.—Each metropolitan planning organization 
shall prepare, and update periodically, according to a schedule 
that the Secretary determines to be appropriate, a long range 
plan for its metropolitan area in accordance with the require-
ments of this subsection. 
"(2) LONG RANGE PLAN.—A long range plan under this section 
shall be in a form that the Secretary determines to be appro-
priate and shall, at a minimum: 
"(A) Identify transportation facilities (including but not 
necessarily 
limited to major 
roadways, transit, and 
multimodal and intermodal facilities) that should function 
as an integrated metropolitan transportation system, giving 
emphasis to those facilities that serve important national 
and regional transportation functions. In formulating the 
long range plan, the metropolitan planning organization 
shall consider factors described in subsection (f) as such 
factors relate to a 20-year forecast period. 
"(B) Include a financial plan that demonstrates how the 
long-range plan can be implemented, indicates resources 
from public and private sources that are reasonably ex-
pected to be made available to carry out the plan, and 
recommends any innovative financing techniques to fi-
nance needed projects and programs, including such tech-
niques as value capture, tolls and congestion pricing. 
"(C) Assess capital investment and other measures 
necessary to— 
"(i) ensure the preservation of the existing metro-
politan transportation system, including requirements 
for operational improvements, resurfacing, restoration, 
and rehabilitation of existing and future major road-
ways, as well as operations, maintenance, moderniza-
tion, and rehabilitation of existing and future transit 
facilities; and 
"(ii) make the most efficient use of existing transpor-
tation facilities to relieve vehicular congestion and 
maximize the mobility of people and goods. 
"(D) Indicate as appropriate proposed transportation 
enhancement activities. 
"(3) COORDINATION WITH CLEAN AIR ACT AGENCIES.—In metro-
politan areas which are in nonattainment for ozone or carbon 
monoxide under the Clean Air Act, the metropolitan planning 
organization shall coordinate the development of a long range 
plan with the process for development of the transportation 
control measures of the State Implementation Plan required by 
the Clean Air Act. 
"(4) PARTICIPATION BY INTERESTED PARTIES.—Before approving 
a long range plan, each metropolitan planning organization 
shall provide citizens, affected public agencies, representatives 
of transportation agency employees, private providers of 
transportation, and other interested parties with a reasonable 
opportunity to comment on the long range plan, in a manner 
that the Secretary deems appropriate. 
105 STAT. 2102 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(5) PuBucATiON OF LONG RANGE PLAN.—Each long range 
plan prepared by a metropolitan planning organization shall 
be— 
"(i) published or otherwise made readily available for 
public review; and 
"(ii) submitted for information purposes to the Gov-
ernor at such times and in such manner as the Sec-
retary shall establish. 
"(h) TRANSPORTATION IMPROVEMENT PROGRAM.— 
"(1) DEVELOPMENT.—The metropolitan planning organization 
designated for a metropolitan area, in cooperation with the 
State and affected transit operators, shall develop a transpor-
tation improvement program for the area for which such 
organization is designated. In developing the program, the 
metropolitan planning organization shall provide citizens, af-
fected public agencies, representatives of transportation agency 
employees, other affected employee representatives, private 
providers of transportation, and other interested parties with a 
reasonable opportunity to comment on the proposed program. 
The program shall be updated at least once every 2 years and 
shall be approved by the metropolitan planning organization 
and the Governor. 
"(2) PRIORITY OF PROJECTS.—The transportation improvement 
program shall include the following: 
"(A) A priority list of projects and project seginents to be 
carried out within each 3-year period after the initial adop-
tion of the transportation improvement program. 
"(B) A financial 
plan that demonstrates how the 
transportation improvement program can be implemented, 
indicates resources from public and private sources that are 
reasonably expected to be made available to carry out the 
plan, and recommends any innovative financing techniques 
to finance needed projects and programs, including value 
' 
capture, tolls, and congestion pricing. 
"(3) SELECTION OF PROJECTS.—Except as otherwise provided in 
subsection (i)(4), project selection in metropolitan areas for 
projects involving Federal participation shall be carried out by 
the State in cooperation with the metropolitan planning 
organization and shall be in conformance with the transpor-
tation improvement program for the area. 
"(4) MAJOR CAPITAL INVESTMENTS.—Not later than 6 months 
after the date of enactment of this section, the Secretary shall 
initiate a rulemaking proceeding to conform review require-
ments for transit projects under the National Environmental 
Policy Act of 1969 to comparable requirements under such Act 
applicable to highway projects. Nothing in this section shall be 
construed to affect the applicability of such Act to transit or 
highway projects. 
"(5) INCLUDED PROJECTS.—A transportation improvement pro-
gram for a metropolitan area developed under this subsection 
shall include projects within the area which are proposed for 
funding under this title and the Federal Transit Act and which 
are consistent with the long range plan developed under subsec-
tion (g) for the area. The program shall include a project, or an 
identified phase of a project, only if full funding can reasonably 
be anticipated to be available for the project within the time 
period contemplated for completion of the project. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2103 
"(6) NOTICE AND COMMENT.—Before approving a transpor-
tation 
improvement 
program, a 
metropolitan 
planning 
organization shall provide citizens, affected public agencies, 
representatives of transportation £igency employees, private 
providers of transportation, and other interested parties with 
reasonable notice of and an opportunity to comment on the 
proposed program. 
'(i) TRANSPORTATION MANAGEMENT AREAS.— 
"(1) DESIGNATION.—The Secretary shall designate as transpor-
tation management areas all urbanized areas over 200,000 popu-
lation. The Secretary shall designate any additional area as a 
transportation management area upon the request of the Gov-
ernor and the metropolitan planning organization designated 
for such area or the affected local officials. Such additional 
areas shall include upon such a request the Lake Tahoe Basin 
as defined by Public Law 96-551. 
"(2) 
TRANSPORTATION 
PLANS AND PROGRAMS.—Within 
a 
transportation management area, transportation plans and pro-
grams shall be based on a continuing and comprehensive 
transportation planning process carried out by the metropolitan 
planning organization in cooperation with the State and transit 
operators. 
"(3) CONGESTION MANAGEMENT SYSTEM.—Within a transpor-
tation management area, the transportation planning process 
under this section shall include a congestion management 
system that provides for effective management of new and 
existing transportation facilities eligible for funding under this 
title and the Federal Transit Act through the use of travel 
demand reduction and operational management strategies. The 
Secretary shall establish an appropriate phase-in schedule for 
compliance with the requirements of this section. 
"(4) SELECTION OF PROJECTS.—All projects carried out within 
the boundaries of a transportation management area with Fed-
eral participation pursuant to this title (excluding projects 
undertaken on the National Highway System and pursuant to 
the Bridge and Interstate Maintenance programs) or pursuant 
to the Federal Transit Act shall be selected by the metropolitan 
planning organization designated for such area in consultation 
with the State and in conformance with the transportation 
improvement program for such area and priorities established 
therein. Projects undertaken within the boundaries of a 
transportation management area on the National Highway 
System or pursuant to the Bridge and Interstate Maintenance 
programs shall be selected by the State in cooperation with the 
metropolitan planning organization designated for such area 
and shall be in conformance with the transportation improve-
ment program for such area. 
"(5) CERTIFICATION.—The Secretary shall assure that each 
metropolitan planning organization in each transportation 
management area is carrying out its responsibilities under 
applicable provisions of Federal law, and shall so certify at least 
once every 3 years. The Secretary may make such certification 
only if (1) a metropolitan planning organization is complying 
with the requirements of section 134 and other applicable 
requirements of Federal law, and (2) there is a transportation 
improvement program for the area that has been approved by 
the metropolitan planning organization and the Governor. If 
105 STAT. 2104 
PUBLIC LAW 102-240—DEC. 18, 1991 
after September 30, 1993, a metropolitan planning organization 
is not certified by the Secretary, the Secretary may withhold, in 
whole or in part, the apportionment under section 104(bX3) 
attributed to the relevant metropolitan area pursuant to section 
133(dX3) and capital funds apportioned under the formula pro-
gram under section 9 of the Federal Transit Act. If a metropoli-
tan planning organization remains uncertified for more than 2 
consecutive years after September 30, 1994, 20 percent of the 
apportionment attributed to that metropolitan area under sec-
tion 133(d)(3) and capital funds apportioned under the formula 
program under section 9 of the Federal Transit Act shall be 
withheld. The withheld apportionments shall be restored to the 
metropolitan area at such time as the metropolitan planning 
organization is certified by the Secretary. The Secretary shall 
not withhold certification under this section based upon the 
policies and criteria established by a metropolitan planning 
organization or transit grant recipient for determining the 
feasibility of private enterprise participation in accordance with 
section 8(o) of the Federal Transit Act. 
"(j) ABBREVIATED PLANS AND PROGRAMS FOR CERTAIN AREAS.—For 
metropolitan areas not designated as transportation management 
areas under this section, the Secretary may provide for the develop-
ment of abbreviated metropolitan transportation plans and pro-
grams that the Secretary determines to be appropriate to achieve 
the purposes of this section, taking into account the complexity of 
transportation 
problems, including transportation 
related 
air 
quality problems, in such areas. In no event shall the Secretary 
provide abbreviated plans or programs for metropolitan areas which 
are in nonattainment for ozone or carbon monoxide under the Clean 
Air Act. 
"(k) TRANSFER OF FUNDS.—Funds made available for a transit 
project under title 23, United States Code, shall be transferred to 
and administered by the Secretary in accordance with the require-
ments of this Act. Funds made available for a highway project under 
this Act shall be transferred to and administered by the Secretary in 
accordance with the requirements of title 23, United States Code. 
"(1) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT 
AREAS.—Notwithstanding any other provisions of this Act or title 
23, United States Code, for transportation management areas classi-
fied as nonattainment for ozone or carbon monoxide pursuant to the 
Clean Air Act, Federal funds may not be programmed in such area 
for any transit project that will result in a significant increase in 
carrying capacity for single occupant vehicles unless the project is 
part of an approved congestion management system. 
"(m) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed— 
"(1) to confer on a metropolitan planning organization the 
authority to impose legal requirements on any transportation 
facility, provider, or project not eligible under this title or the 
Federal Transit Act; or 
"(2) to intervene in the management of a transportation 
agency, 
"(n) GRANTS.— 
"(1) ELIGIBIUTY.—The Secretary is authorized to contract for 
and make grants to States and local public bodies and agencies 
thereof, or enter into agreements with other Federal depart-
ments and agencies, for the planning, engineering, design, and 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2105 
evaluation of public transportation projects, and for other 
technical studies. Activities assisted under this section may 
include— 
"(A) studies relating to management, operations, capital 
requirements, and economic feasibility; 
"(B) evaluation of previously funded projects; and 
"(C) other similar or related activities preliminary to and 
in preparation for the construction, acquisition, or im-
proved operation of facilities and equipment. 
"(2) CRITERIA.—A grant, contract, or working agreement 
under this section shall be made in accordance with criteria 
established by the Secretary. 
"(o) PRIVATE ENTERPRISE.—The plans and programs required by 
this section shall encourage to the maximum extent feasible the 
participation of private enterprise. Where facilities and equipment 
are to be acquired which are already being used in service in the 
urban areas, the program must provide that they shall be so im-
proved (through modernization, extension, addition, or otherwise) 
that they will better serve the transportation needs of the area. 
"(p) USE FOR COMPREHENSIVE PLANNING.— 
"(1) IN GENERAL.—The Secretary shall ensure, to the extent 
practicable, that amounts made available under section 21(cXl) 
for the purposes of this section are used to support balanced and 
comprehensive transportation planning that takes into account 
the relationships among land use and all transportation modes, 
without regard to the programmatic source of the planning 
funds. 
"(2) FORMULA ALLOCATION TO ALL METROPOUTAN AREAS.—The 
Secretary shall apportion 80 percent of the amount made avail-
able under section 21(cXl) to States in the ratio that the popu-
lation in urbanized areas, in each State, bears to the total 
population in urbanized areas, in all the States as shown by the 
latest available decennial census, except that no State shall 
receive less than V
2 of 1 percent of the amount apportioned 
under this paragraph. Such funds shall be allocated to metro-
politan planning organizations designated under section 8 by a 
formula, developed by the State in cooperation with metropoli-
tan planning organizations and approved by the Secretary, that 
considers population in urbanized areas and provides an appro-
priate distribution for urbanized areas to carry out the coopera-
tive processes described in section 8 of this Act. The State shall 
make such funds available promptly to eligible metropolitan 
planning organizations according to procedures approved by the 
Secretary. 
"(3) SUPPLEMENTAL ALLOCATION.—The Secretary shall appor-
tion 20 percent of the amounts made available under section 
21(c)(1) to States to supplement allocations under subparagraph 
(B) for metropolitan planning organizations. Such funds shall be 
allocated according to a formula that reflects the additional 
costs of carrying out planning, programming, and project selec-
tion responsibilities under this section in such areas. 
"(4) HOLD HARMLESS.—The Secretary shall ensure, to the 
maximum extefht practicable, that no metropolitan planning 
organization is allocated less than the amount it received by 
administrative formula under section 8 in fiscal year 1991. To 
comply with the previous sentence, the Secretary is authorized 
105 STAT. 2106 
PUBLIC LAW 102-240—DEC. 18, 1991 
to make a pro rata reduction in other amounts made available 
to carry out section 21(c). 
"(5) FEDERAL SHARE PAYABLE.—The Federal share payable for 
activities under this paragraph shall be 80 percent except where 
the Secretary determines that it is in the Federal interest not to 
require a State or local match.". 
SEC. 
3
0
1
3
. 
BLOCK 
GRANT 
PROGRAM. 
49 use app. 
(a) ALLOCATIONS.—Section 9(a) is amended— 
l^O'^s- 
(1) in paragraph (1), by striking "Of the amount" and all that 
follows through the period and inserting the following: "Of the 
amounts made available or appropriated under section 21(g), 
9.32 percent shall be available for expenditure under this sec-
tion in each fiscal year only in urbanized areas with a popu-
lation of less than 200,000."; and 
(2) in paragraph (2), by striking "Of the amount" and all that 
follows through the period and inserting the following: "Of the 
amounts made available or appropriated under section 21(g), 
90.68 percent shall be available for expenditure under this 
section in each fiscal year only in urbanized areas with a 
population of 200,000 or more.". 
(b) 
ENERGY AND OPERATING 
EFFICIENCIES.—Section 
9(b) is 
amended by adding at the end the following new paragraph: 
"(4) ENERGY AND OPERATING EFFICIENCIES.—If a recipient 
under this section demonstrates to the satisfaction of the Sec-
retary that energy or operating efficiencies would be achieved 
by actions that reduce revenue vehicle miles but provide the 
same frequency of revenue service to the same number of riders, 
the recipient's apportionment under paragraph (2XA) shall not 
be reduced as a result of such actions.'. 
(c) EXTENSION OF SAFETY AUTHORITY TO BLOCK GRANT PROGRAM.— 
Section 9(e)(1) is amended by striking "and 19" and inserting "19, 
and 22". 
(d) ANNUAL SUBMISSIONS,—Section 9(e)(2) is amended by inserting 
after the first sentence the following new sentences: "Such certifi-
cations and any additional certifications required by law to be 
submitted to the Secretary may be consolidated into a single docu-
ment to be submitted annually as part of the grant application 
under this section. The Secretary shall annually publish in conjunc-
tion with the publication required under subsection (q) a list of all 
certifications required under this Act.". 
(e) STREAMUNED PROCEDURES.—Section 9(e) is amended by adding 
at the end the following new paragraph: 
"(6) STREAMLINED ADMINISTRATIVE PROCEDURES.—The Sec-
retary shall establish streamlined administrative procedures to 
govern compliance with the certification requirement under 
paragraph (3)(B) with respect to track and signal equipment 
used in ongoing operations.". 
(f) TRANSIT SECURITY SYSTEMS.—Section 9(e)(3) is amended— 
(1) in subparagraph (G) by striking "; and" and inserting a 
semicolon; 
(2) in subparagraph (H) by striking the period at the end and 
inserting "; and'; and 
(3) by adding at the end the following: 
"(I)(i) will expend for each fiscal year not less than 1 percent 
of the funds received by the recipient for each fiscal year under 
this section for transit security projects; or 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2107 
"(ii) that such expenditures for such security systems are not 
necessary. 
For the purposes of subparagraph (I), transit security projects may 
include increasing lighting within or adjacent to transit systems, 
including bus stops, subway stations, parking lots, and garages; 
increasing camera surveillance of areas within and adjacent to such 
systems; providing emergency telephone lines to contact law 
enforcement or security personnel in areas within or adjacent to 
such systems; and any other project intended to increase the secu-
rity and safety of existing or planned transit systems.", 
(g) PROGRAM OF PROJECTS.—Section 9(f) is amended— 
49 use app. 
(1) by striking "and" at the end of paragraph (3); 
l^^''*-
(2) by striking the period at the end of paragraph (4) and 
inserting "; and"; and 
(3) by inserting after paragraph (4) the following: 
"(5) assure that the proposed program of projects provides for 
the coordination of transit services assisted under this section 
with transportation services assisted from other 
Federal 
sources.". 
(h) DISCRETIONARY TRANSFER OF APPORTIONMENT.—Section 9 is 
amended— 
(1) in subsection (jXD, by inserting after the first sentence the 
following: "In a transportation management area designated 
pursuant to section 8, funds which cannot be used for payment 
of operating expenses under this section also shall be available 
for highway projects if— 
"(A) such use is approved by the metropolitan planning 
organization in accordance with section 8 after appropriate 
notice and opportunity for comment and appeal is provided 
to affected transit providers; and 
"(B) in the determination of the Secretary, such funds are 
1 
, - 
not needed for investments required by the Americans with 
Disabilities Act of 1990."; and 
(2) by adding at the end of subsection (j) the following new 
paragraph: 
"(3) Funds under this section may be available for highway 
projects under title 23, United States Code, only if funds used for the 
State or local share of such highway projects are eligible to fund 
either highway or transit projects.". 
(i) INFLATION ADJUSTMENT FOR OPERATING ASSISTANCE.—Section 
9(k)(2)(B) is amended— 
(1) by striking "1988," and inserting "1991,"; 
(2) by striking "of less than 200,000 population" the first place 
it appears; and 
(3) by inserting after "calendar year" the following: "; except 
that such increase may not exceed the percentage increase of 
the funds made available under section 21(g) in the current 
fiscal year and the funds made available under section 21(g) in 
the previous fiscal year". 
(j) FERRY ROUTES.—Section 9 is amended by adding at the end the 
following new subsections: 
"(r) FERRY SERVICES.—A vessel used in ferryboat operations 
funded under this section that is part of a State-operated ferry 
system may occasionally be operated outside of the urbanized area 
in which service is provided to accommodate periodic maintenance if 
existing ferry service is not thereby significantly reduced. 
105 STAT. 2108 
PUBLIC LAW 102-240—DEC. 18, 1991 
49 use app. 
1607a. 
49 use app. 
1607a-l. 
49 use app. 
1608. 
"(s) GRANDFATHER OF CERTAIN URBANIZED AREAS.—Any area des-
ignated as an urbanized area under the 1980 census which is not so 
designated under the 1990 census— 
"(1) for fiscal year 1992, shall be treated as an urbanized area 
for purposes of section 12(cXll) of the Federal Transit Act; and 
"(2) for fiscal year 1993, shall be eligible to receive 50 percent 
of the funds which the area would have received if the area 
were treated as an urbanized area for purposes of such section 
12(c)(ll) and an amount equal to 50 percent of the funds which 
the State in which the area is located would have received if the 
area were treated as an area other than an urbanized area.". 
(k) ADJUSTMENTS OF APPORTIONMENTS.—Section 9 is amended by 
adding at the end the following new subsection: 
"(t) ADJUSTMENTS OF APPORTIONMENTS.—Provided that sufficient 
funds are available, in each fiscal year beginning after Septem-
ber 30, 1991, the Secretary shall adjust apportionments under this 
section between the Mass Transit Account of the Highway Trust 
Fund and the general fund of the Treasury to assure that each 
recipient receives from the general fund of the Treasury not less 
than the amount of operating assistance made available each fiscal 
year under this section that such recipient is eligible to receive.". 
SEC. 3014. CONTINUED ASSISTANCE FOR COMMUTER RAIL IN SOUTHERN 
FLORIDA UNDER SECTION 9 PROGRAM. 
Section 329 of the Surface Transportation and Uniform Relocation 
Assistance Act of 1987 (49 U.S.C. 1607a) is amended— 
(1) in the first sentence by striking "in which major onsite" 
and all that follows before the period; and 
(2) in the second sentence by striking "provided as" and all 
that follows before the period. 
SEC. 3015. REPEAL OF EXPIRED PROVISION. 
Section 9A, relating to Mass Transit Account distribution for 
fiscal year 1983, is repealed. 
SEC. 3016. TRANSIT DEFINITION. 
Section 12(c)(7) is amended— 
(1) by striking "term" and inserting "terms"; and 
(2) by striking "means" and inserting "and 'transit' mean". 
SEC. 3017. RULEMAKING. 
Section 12(i) is amended by adding at the end the following: 
"(3) LIMITATION.—The Secretary shall propose or implement 
rules governing activities under this Act only in accordance 
with this section except for routine matters and matters with no 
significant impact.". 
SEC. 3018. TRANSFER OF FACILITIES AND EQUIPMENT. 
Section 12 is amended by adding at the end the following new 
subsection: 
"(k) TRANSFER OF CAPITAL ASSET.— 
"(1) AUTHORIZATION.—If a recipient of assistance under this 
Act determines that facilities and equipment and other assets 
••'i (including land) acquired, in whole or part, with such assistance 
are no longer needed for the purposes for which they were 
-' acquired, the Secretary may authorize the transfer of such 
assets to any public body to be used for any public purpose with 
no further obligation to the Federal Government. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2109 
"(2) DETERMINATIONS.—The Secretary may authorize a trans-
fer under paragraph (1) for any public purpose other than 
transit only if the Secretary first determines— 
"(A) that the asset being transferred will remain in 
public use for not less than 5 years after the date of the 
transfer; 
"(B) that there are no purposes eligible for assistance 
under this Act for which the asset should be used; 
"(C) the overall benefit of allowing the transfer outweighs 
the Federal Government interest in liquidation and return 
of the Federal financial interest in the asset, after consider-
ation of fair market value and other factors; and 
"(D) that, in any case in which the asset is a facility or 
land, there is no interest in acquiring the asset for Federal 
use. 
The determination under subparagraph (D) shall be made 
through an appropriate screening or survey process. 
"(3) DOCUMENTATION.—Determinations required by para-
graph (2) shall be made, in writing, and shall include the 
rationale for such determinations. 
"(4) RELATION TO OTHER PROVISIONS.—The provisions of this 
section shall be in addition to and not in lieu of any other 
provision of law governing use and disposition of facilities and 
equipment under an assistance agreement.". 
SEC. 3019. SPECIAL PROCUREMENT. 
Section 12 is further amended by adding at the end the following: 
"(1) SPECIAL PROCUREMENT INITIATIVES.— 
"(1) TURNKEY SYSTEM PROCUREMENTS.— 
"(A) IN GENERAL.—In order to advance new technologies 
and lower the cost of constructing new transit systems, the 
Secretary shall allow the solicitation for a turnkey system 
project to be funded under this Act to be conditionally 
awarded before Federal requirements have been met on the 
project so long as the award is made without prejudice to 
the implementation of those Federal requirements. Federal 
financial assistance under this Act may be made available 
for such a project when the recipient has complied with 
relevant Federal requirements. 
"(B) INITIAL DEMONSTRATION PHASE.—In order to develop Regulations, 
regulations applying generally to turnkey system projects, 
the Secretary is authorized to approve not less than 2 
projects for an initial demonstration phase. The results of 
such demonstration projects (and any other projects cur-
rently using this procurement method) shall be taken into 
consideration in the development of the regulations im-
plementing this subsection. 
"(C) TURNKEY SYSTEM PROJECT DEFINED.—As used in this 
subsection, the term 'turnkey system project' means a 
project under which a recipient contracts with a consortium 
of firms, individual firms, or a vendor to build a transit 
system that meets specific performance criteria and which 
is operated by the vendor for a period of time. 
"(2) MULTIYEAR R O L U N G STOCK PROCUREMENTS.— 
"(A) IN GENERAL.—A recipient procuring rolling stock 
with Federal financial assistance under this Act may enter 
into a multiyear agreement for the purchase of such rolling 
105 STAT. 2110 
PUBLIC LAW 102-240—DEC. 18, 1991 
stock and replacement parts pursuant to which the recipi-
ent may exercise an option to purchase additional rolling 
stock or replacement parts for a period not to exceed 5 
years from the date of the original contract. 
"(B) CONSORTIA.—The Secretary shall permit 2 or more 
recipients to form a consortium (or otherwise act on a 
cooperative basis) for purposes of procuring rolling stock in 
accordance with this paragraph and other Federal procure-
ment requirements. 
"(3) EFFICIENT PROCUREMENT.—A recipient may award to 
other than the lowest bidder in connection with a procurement 
under this Act when such award furthers objectives which are 
consistent with purposes of this Act, such as improved long-
term operating efficiency and lower long-term costs. Not later 
than 90 days after the date of the enactment of this Act, the 
Secretary shall (A) make such modifications to current proce-
dures as are appropriate to make the policy set forth in this 
paragraph readily practicable for all transit agencies, including 
smaller and medium sized agencies, and (B) issue guidance 
clarifying and implementing such policy.". 
SEC. 3020. FEDERAL SHARE FOR ADA AND CLEAN AIR ACT COMPLIANCE. 
Section 12 is further amended by inserting at the end the follow-
ing new subsection: 
"(m) FEDERAL SHARE FOR CERTAIN PROJECTS.—A Federal grant for 
a project to be ^sisted under this Act that involves the acquisition 
of vehicle-related equipment required by the Clean Air Act or the 
Americans with Disabilities Act of 1990 shall be 90 percent of the 
net project cost of such equipment attributable to compliance with 
such Acts. The Secretary shall have discretion to determine, 
through practicable administrative procedures, the costs attrib-
utable to equipment specified in the preceding sentence.". 
SEC. 3021. TRANSIT SERVICES FOR ELDERLY AND DISABLED INDIVID-
UALS. 
49 use app. 
Section 16 is amended— 
1612. 
(1) by striking "elderly and handicapped persons" each place 
it appears and inserting "elderly persons and persons with 
disabilities"; 
(2) in subsection (b)(2) by inserting "to the Governor of each 
State for allocation" before "to private"; 
(3) in subsection (b)(2) by inserting "or to public bodies ap-
proved by the State to coordinate services for elderly persons 
and persons with disabilities or to public bodies which certify to 
the Governor that no nonprofit corporations or associations are 
readily available in an area to provide the service under this 
subsection" after "inappropriate'; 
(4) by striking "and at the end of subsection (b)(1), by striking 
the period at the end of subsection (b)(2) and inserting "; and', 
and by inserting after subsection (b)(2) the following: 
"(3) eligible capital expenses under this section may include, 
at the option of the recipient, the acquisition of transportation 
services under a contract, lease, or other arrangement."; 
(5) by redesignating subsections (c) through (e) as subsections 
(d) through (f), respectively; 
(6) by inserting after subsection (b) the following: 
"(c) APPORTIONMENT AND USE OF FUNDS.— 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2111 
"(1) STATE PROGRAM OF PROJECTS.—Funds made available for 
purposes of subsection (b) may be used for transportation 
projects to assist in the provision of transportation services for 
elderly persons and persons with disabilities which are included 
in a State program of projects. Such programs shall be sub-
mitted annually to the Secretary for approval and shall contain 
an assurance that the program provides for maximum feasible 
coordination of transportation services assisted under this sec-
tion with transportation services assisted by other Federal 
sources. 
"(2) APPORTIONMENT.—Sums made available for expenditure 
for purposes of subsection (b) shall be apportioned to the States 
on the basis of a formula administered by the Secretary which 
shall take into consideration the number of elderly persons and 
persons with disabilities in each State. 
"(3) TRANSFER OF AMOUNTS.—Any amounts of a State's appor-
tionment under this subsection that remain available for obliga-
tion at the beginning of the 90-day period before the expiration 
of the period of availability of such amounts shall be available 
to the Governor for transfer to supplement funds apportioned to 
the State under section 18(a) or section 9(d). 
"(4) LEASING OF VEHICLES.—The Secretary shall, not later Regulations, 
than 60 days following the enactment of the Federal Transit 
Act, issue regulations to allow vehicles purchased under this 
section to be leased to local public bodies and agencies for the 
purpose of improving transportation services designed to meet 
the special needs of elderly persons and persons with disabil-
ities.' ; and 
(7) by striking subsection (f), as redesignated by this section, 
and inserting the following: 
"(f) MEAL DELIVERY SERVICE TO HOMEBOUND PERSONS.—Transit 
service providers receiving assistance under this section or section 
18(a) may coordinate and assist in providing meal delivery service 
for homebound persons on a regular basis if the meal delivery 
services do not conflict with the provision of transit services or 
result in a reduction of service to transit passengers.". 
SEC. 3022. TRANSFER OF FACILITIES AND EQUIPMENT. 
Section 18 is amended by striking subsection (g) and inserting the ^9 USC app. 
following: 
l^l^-
"(g) TRANSFER OF FACIUTIES AND EQUIPMENT.—A State may trans-
fer facilities and equipment acquired with assistance under this 
section or section 16(b) to any recipient eligible to receive assistance 
under this Act with the consent of the recipient currently in posses-
sion of such facilities or equipment, if the facility or equipment will 
continue to be used in accordance with the requirements of this 
section or section 16(b), as^the case may be.". 
SEC. 3023. INTERCITY BUS TRANSPORTATION. 
Section 18 is further amended by adding at the end the following 
new subsection: 
"(i) INTERCITY Bus TRANSPORTATION.— 
"(1) FUNDING OF PROGRAM.—Subject to paragraph (2), a State 
shall expend not less than 5 percent of the amounts made 
available to such State under this section in fiscal year 1992, 10 
percent of such amounts in fiscal year 1993, and 15 percent of 
such amounts in fiscal year 1994 and each fiscal year beginning 
105 STAT. 2112 
PUBLIC LAW 102-240—DEC. 18, 1991 
thereafter to carry out a program for the development and 
support of intercity bus transportation. Eligible activities under 
such a program include planning and marketing for intercity 
bus transportation, capital grants for intercity bus shelters, 
joint-use stops and depots, operating grants through purchase-
of-service agreements, user-side subsidies and demonstration 
projects, and coordination of rural connections between small 
transit operations and intercity bus carriers. 
"(2) CERTIFICATION.—A State shall not be required to comply 
with paragraph (1) in any fiscal year in which the Governor 
certifies to the Secretary that the intercity bus service needs of 
the State are being adequately met. 
"(3) SPECIAL RULE.—For fiscal year 1992, a State may meet the 
requirement of paragraph (1) by expending to carry out the 
program described in paragraph (1) at least 50 percent of the 
increase in the amount allocated to the State under this section 
between fiscal year 1991 and fiscal year 1992.". 
SEC. 3024. USE OF POPULATION ESTIMATES. 
49 use app. 
Section 18(a) is amended in the second sentence by inserting after 
1^1^- 
"the latest available Federal census" the following: ", the popu-
lation estimate prepared by the Secretary of Commerce following 
the 4th year after the date of publication of such Federal census, or 
the population estimate prepared by the Secretary of Commerce 
following the 8th year after such date of publication, whichever is 
the most recent.". 
SEC. 3025. AUTHORIZATIONS. 
49 use app. 
Section 21 is amended to read as follows: 
1617. 
"SEC. 21. AUTHORIZATIONS. 
"(a) FORMULA GRANT PROGRAMS.— 
"(1) FROM THE TRUST FUND.—There shall be available from the 
Mass Transit Account of the Highway Trust Fund only to carry 
out sections 9B, 11(b), 12(a), 16(b), 18, 23, and 26 of this Act, 
$1,150,000,000 for fiscal year 1993, $1,190,000,000 for fiscal year 
1994, $1,150,000,000 for fiscal year 1995, $1,110,000,000 for fiscal 
year 1996, and $1,920,000,000 for fiscal year 1997, to remain 
available until expended. 
"(2) FROM GENERAL FUNDS.—In addition to the amounts speci-
fied in paragraph (1), there are authorized to be appropriated to 
carry out sections 9, 11(b), 12(a), 1603), 18, 23, and 26 of this Act, 
and substitute transit projects under section 103(e)(4) of title 23, 
United States Code, $2,055,000,000 for fiscal year 1993, 
$1,885,000,000 for fiscal year 1994, $1,925,000,000 for fiscal year 
1995, $1,965,000,000 for fiscal year 1996, and $2,430,000,000 for 
fiscal year 1997, to remain available until expended. 
"(3) FISCAL YEAR 1992.—There shall be available from the 
Mass Transit Account of the Highway Trust Fund for fiscal year 
1992, $409,710,000 to carry out section 9B of this Act, to remain 
available until expended. 
"
O
t
>
) SECTION 3 DISCRETIONARY AND FORMULA GRANTS.— 
"(1) FROM THE TRUST FUND.—There shall be available from the 
Mass Transit Account of the Highway Trust Fund only to carry 
out section 3 of this Act, $1,725,000,000 for fiscal year 1993, 
$1,785,000,000 for fiscal year 1994, $1,725,000,000 for fiscal year 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2113 
1995, $1,665,000,000 for fiscal year 1996, and $2,880,000,000 for 
fiscal year 1997, to remain available until expended. 
"(2) FROM GENERAL FUNDS.—In addition to the amounts speci-
fied in paragraph (1), there are authorized to be appropriated to 
carry out section 3 of this Act, $305,000,000 for fiscal year 1993, 
$265,000,000 for fiscal year 1994, $325,000,000 for fiscal year 
1995, $385,000,000 for fiscal year 1996, and $20,000,000 for fiscal 
year 1997, to remain available until expended. 
"(3) FISCAL YEAR 1992.—There shall be available from the 
Mass Transit Account of the Highway Trust Fund for fiscal year 
1992 
"(A) $1,345,000,000 to carry out section 3 of this Act; 
"(B) $43,780,000 to carry out section 8 of this Act; 
"(C) $55,000,000 to carry out section 16 of this Act; 
"(D) $19,460,000 to carry out section 26(a) of this Act; 
"(E) $20,050,000 to carry out section 26(b) of this Act, of 
which $12,000,000 shall be available only for part C of title 
VI of the Intermodal Surface Transportation Efficiency Act 
of 1991; and 
"(F) $7,000,000 to carry out section 11(b) of this Act. 
Such sums shall remain available until expended. 
"(4) CONTRACTUAL OBUGATIONS.—Approval by the Secretary 
of a grant or contract with funds made available under subsec-
tion (a)(1), (a)(3), (b)(1), or (b)(3) shall be deemed a contractual 
obligation of the United States for payment of the Federal share 
of the cost of the project. Approval by the Secretary of a grant 
or contract with funds made available under subsection (aX2) or 
(b)(2) shall be deemed a contractual obligation of the United 
States for payment of the Federal share of the cost of the project 
only to the extent that amounts are provided in advance in 
appropriations Acts. 
"(c) SET-ASIDE FOR PLANNING, PROGRAMMING, AND RESEARCH.— 
Before apportionment in each fiscal year of the funds made avail-
able or appropriated under subsection 8(p), an amount equivalent to 
3.0 percent of funds made available or appropriated under subsec-
tions (a) and (b) shall be made available until expended as follows: 
"(1) 45 percent of such funds shall be made available for 
metropolitan planning activities under section 8(f); 
"(2) 5 percent of such funds shall be made available to carry 
out section 18(h); 
"(3) 20 percent of such funds shall be made available to carry 
out the State program under section 26(a); and 
"(4) 30 percent of such funds shall be made available to carry 
out the national program under section 26(b). 
"(d) OTHER SET-ASIDES.—Before apportionment in each fiscal year 
of the funds made available or appropriated under subsection (a), of 
the funds made available or appropriated under subsections (a) and 
(b)-
"(1) not to exceed an amount equivalent to .96 percent shall 
be available for administrative expenses to carry out section 
12(a) of this Act and shall be available until expended; 
"(2) not to exceed an amount equivalent to 1.34 percent shall 
be available for transportation services to elderly persons and 
persons with disabilities pursuant to the formula under section 
16(b) of this Act and shall be available until expended; and 
105 STAT. 2114 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(3) $7,000,000 shall be available for the purposes of section 
IIGJ) relating to university transportation centers for each of 
fiscal years 1993 through 1996. 
"(e) COMPLETION OF INTERSTATE TRANSFER TRANSIT PROJECTS.—Of 
the amounts remaining available each year under subsections (a) 
and Ot)), after allocation pursuant to subsections (c) and (d), for 
substitute transit projects under section 103(e)(4) of title 23, United 
States Code, there shall be available $160,000,000 for fiscal year 1992 
and $164,843,000 for fiscal year 1993. 
"(f) SET-ASIDE FOR RURAL TRANSPORTATION.—An amount equiva-
lent to 5.5 percent of the amounts remaining available each year 
under subsection (a), after allocation pursuant to subsections (c), (d), 
and (e), shall be available pursuant to the formula under section 18. 
Such sums shall remain available until expended. 
"(g) SECTION 9 FUNDING.—The funds remaining available each 
year under subsection (a), after allocation pursuant to subsections 
(c), (d), (e) and (f), shall be available under section 9.". 
SEC. 3026. REPORT ON SAFETY CONDITIONS IN MASS TRANSIT. 
49 use app. 
Section 22 is amended— 
1618- 
(1) by inserting "(a) I N GENERAL.—" after "SEC. 22."; and 
(2) by adding at the end a new subsection as follows: 
"(b) REPORT.—Not later than 180 days after the date of the 
enactment of this subsection, the Secretary shall transmit to Con-
gress a report containing— 
"(1) actions taken to identify and investigate conditions in any 
facility, equipment, or manner of operation as part of the 
findings and determinations required of the Secretary in provid-
ing grants and loans under this Act; 
"(2) actions taken by the Secretary to correct or eliminate any 
conditions found to create a serious hazard of death or injury as 
a condition for making funds available through grants and 
loans under this Act; 
"(3) a summary of all passenger-related deaths and injuries 
resulting from unsafe conditions in any facility, equipment, or 
manner of operation of such facilities and equipment financed 
in whole or in part under this Act; 
"(4) a summary of all employee-related deaths and injuries 
resulting from unsafe conditions in any facility, equipment, or 
manner of operation of such facilities and equipment financed 
in whole or in part under this Act; 
"(5) a summary of all actions taken by the Secretary to 
correct or eliminate the unsafe conditions to which such deaths 
and injuries were attributed; 
"(6) a summary of those actions taken by the Secretary to 
alert transit operators of the nature of the unsafe conditions 
which were found to create a serious hazard of death or injury; 
and 
"(7) recommendations to the Congress by the Secretary of any 
legislative or administrative actions necessary to ensure that all 
recipients of funds under this Act will institute the best means 
available to correct or eliminate hazards of death or injury, 
including— 
"(A) a timetable for instituting actions, 
"(B) an estimate of the capital and operating cost to take 
such actions, and 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2115 
"(C) minimum standards for establishing and implement-
ing safety plans by recipients of funds under this Act.". 
SEC. 3027. PROJECT MANAGEMENT OVERSIGHT. 
Section 23(a) is amended— 
49 USC app. 
(1) by striking paragraphs (1) through (5); 
l^l^-
(2) by striking "Va of 1 percent of—" and inserting the 
following: 
"Va of 1 percent of the funds made available for any fiscal year 
to carry out sections 3, 9, or 18 of this Act, or interstate transfer 
transit projects under section 103(e)(4) of title 23, United States 
Code, as in effect on September 30, 1991, or a project under the 
National Capital Transportation Act of 1969 to contract with 
any person to oversee the construction of any major project 
under any such section. In addition to such amounts, the Sec-
retary may as necessary use not more than ¥4 of 1 percent of 
the funds made available in any fiscal year to carry out a major 
project under section 3 to contract with any person to oversee 
the construction of such major project.". 
SEC. 3028. NEEDS SURVEY. 
The Act is amended by inserting after section 26 the following 
new section: 
"SEC. 27. NEEDS SURVEY AND TRANSFERABILITY STUDY. 
Reports. 
"(a) NEEDS SURVEY.—In January 1993 and in January of every i623. ^^^ 
second year thereafter, the Comptroller General shall transmit to 
the Committee on Banking, Housing, and Urban Affairs of the 
Senate and the Committee on Public Works and Transportation of 
the House of Representatives a report containing an evaluation of 
the extent to which current transit needs are adequately addressed 
and an estimate of the future transit needs of the Nation, including 
transit needs in rural areas (particularly access to health care 
facilities). Such report shall include the following: 
"(1) An assessment of needs related to rail modernization, 
guideway modernization, replacement, rehabilitation, and pur-
chase of buses and related equipment, construction of bus re-
lated facilities, and construction of new fixed guideway systems 
and extensions to fixed guideway systems. 
"(2) A 5-year projection of the, maintenance and moderniza-
tion needs that will result from aging of existing equipment and 
facilities, including the need to overhaul or replace existing bus 
fleets and rolling stock used on fixed guideway systems. 
"(3) A 5-year projection of the need to invest in the expansion 
of existing transit systems to meet changing economic, com-
muter, and residential patterns. 
"(4) An estimate of the level of expenditure needed to satisfy 
the needs identified above. 
"(5) An examination of existing Federal, State, and local 
resources as well as private resources that are or can reasonably 
be expected to be made available to support public transit. 
"(6) The gap between the level of expenditure estimated 
under paragraph (4) and the level of resources available to meet 
such needs identified under paragraph (5). 
"(b) TRANSFERABILITY STUDY.— 
"(1) IN GENERAL.—In January 1993 and in January of every 
second year thereafter, the Comptroller General shall transmit 
105 STAT. 2116 
PUBLIC LAW 102-240—DEC. 18, 1991 
to the Committee on Banking, Housing, and Urban Affairs of 
the Senate and the Committee on Public Works and Transpor-
tation of the House of Representatives a report on implementa-
tion of the transferability provisions of section 9(j)(3) of this Act. 
"(2) CONTENTS.—The report shall identify, by State, the 
amount of transit funds transferred for nontransit purposes 
under such sections during the previous fiscal year and shall 
include an assessment of the impact of such transfers on the 
transit needs of individuals and communities within the State. 
Specifically, the report shall assess the impact of such transfers 
(A) on the State's ability to meet the transit needs of elderly 
individuals and individuals with disabilities, (B) on efforts to 
meet the objectives of the Americans With Disabilities Act of 
1990 and the Clean Air Act, and (C) on the State's efforts to 
extend public transit services to unserved rural areas. The 
report shall also include an examination of the relative levels of 
Federal transit assistance and services in urban and rural areas 
in fiscal year 1991 and the extent to which such assistance and 
service has increased or decreased in subsequent fiscal years as 
a result of transit resources made available under this Act and 
the Intermodal Surface Transportation Efficiency Act of 1991.". 
SEC. 3029. STATE RESPONSIBILITY FOR FIXED GUIDEWAY SYSTEM 
SAFETY. 
The Act is amended by inserting after section 27 the following 
new section: 
49 use app. 
"SEC. 28. STATE RESPONSIBILITY FOR FIXED GUIDEWAY SYSTEM 
1624. 
SAFETY. 
"(a) WITHHOLDING OF FUNDS FOR NONCOMPLIANCE.—The Secretary 
may withhold up to 5 percent of the amount required to be appor-
tioned for use in any State or urbanized area in such State under 
section 9 for any fiscal year beginning after September 30, 1994, if 
the State in the previous fiscal year has not met the requirements of 
subsection (b) and the Secretary determines that the State is not 
making adequate efforts to comply with such subsection. 
"(b) STATE REQUIREMENTS.—A State meets the requirements of 
this section i
f
— 
"(1) the State establishes and is implementing a safety pro-
gram plan for each fixed guideway transit system in the State 
which establishes, at a minimum, safety requirements, lines of 
authority, levels of responsibility and accountability, and meth-
ods of documentation for such system; 
"(2) the State designates an agency of the State with respon-
sibility to— 
"(A) require, review and approve, and monitor im-
plementation of such plans; and 
"(B) investigate hazardous conditions and accidents on 
such systems and require corrective actions to correct or 
eliminate such conditions; and 
"(3) in any case in which more than 1 State would be subject 
to this section in connection with a single transit agency, the 
affected States may designate an entity other than the transit 
agency to ensure uniform safety standards and enforcement and 
to meet the requirements of this subsection. 
"(c) PERIOD OF AVAILABILITY; EFFECT OF COMPLIANCE AND NON-
COMPLIANCE.— 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2117 
"(1) PERIOD OF AVAILABIUTY OF WITHHELD FUNDS.—Any funds 
withheld under subsection (a) from apportionment for use in 
any State in a fiscal year, shall remain available for apportion-
ment for use in such State until the end of the second fiscal year 
following the fiscal year for which such funds are authorized to 
be appropriated. 
"(2) APPORTIONMENT OF WITHHELD FUNDS AFTER COMPLI-
ANCE.—If, before the last day of the period for which funds 
withheld under subsection (a) from apportionment are to 
remain available for apportionment for use in a State under 
paragraph (1), the State meets the requirements of subsection 
(b), the Secretary shall, on the first day on which the State 
meets the requirements of subsection (b), apportion to the State 
the funds withheld under subsection (a) that remain available 
for apportionment for use in the State. 
"(3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY APPORTIONED 
FUNDS.—Any funds apportioned pursuant to paragraph (2) shall 
remain available for expenditure until the end of the third 
fiscal year succeeding the fiscal year in which such funds are 
apportioned pursuant to paragraph (2). Sums not obligated at 
the end of such period shall be apportioned for use in other 
States under section 9 of this Act. 
"(4) EFFECT OF NONCOMPLIANCE.—If, at the end of the period 
for which funds withheld under subsection (a) from apportion-
ment are available for apportionment for use in a State under 
paragraph (1), the State does not meet the requirements of 
subsection (b), such funds shall be apportioned for use in other 
States under section 9 of this Act. 
"(d) LIMITATION ON APPLICABILITY.—This section only applies to 
States that have rail fixed guideway mass transportation systems 
which are not subject to regulation by the Federal Railroad 
Administration. 
"(e) REGULATIONS.—Not later than 1 year after the date of the 
enactment of this section, the Secretary shall issue regulations 
which set forth the requirements for complying with subsection 
(b).". 
SEC. 3030. PLANNING AND RESEARCH. 
The Act is amended by inserting after section 25 the following: 
"SEC. 26. PLANNING AND RESEARCH PROGRAM. 
49 USC app. 
"(a) STATE PROGRAM.—The funds made available under section 
21(c)(3) shall be available for State programs as follows: 
"(1) TRANSIT COOPERATIVE RESEARCH PROGRAM.—50 percent of 
that amount shall be available for the transit cooperative re-
search program to be administered as follows: 
"(A) INDEPENDENT GOVERNING BOARD.—The Secretary 
shall establish an independent governing board for such 
program to recommend mass transportation research, 
development, and technology transfer activities as the Sec-
retary deems appropriate. 
"(B) NATIONAL ACADEMY OF SCIENCES.—The Secretary 
may make grants to, and enter into cooperative agreements 
with, the National Academy of Sciences to carry out such 
activities as the Secretary determines are appropriate. 
"(2) STATE PLANNING AND RESEARCH.—The remaining 50 per-
cent of that amount shall be apportioned to the States for 
105 STAT. 2118 
PUBLIC LAW 102-240—DEC. 18, 1991 
grants and contracts consistent with the purposes of sections 6, 
8,10,11, and 20 of this Act. 
"(A) APPORTIONMENT FORMULA.—Amounts shall be appor-
tioned to the States in the ratio which the population in 
urbanized areas in each State bears to the total population 
in urbanized areas, in all the States as shown by the latest 
available decennial census, except that no State shall re-
ceive less than ¥2 of 1 percent of the amount apportioned 
under this section. 
"(B) ALLOCATION WITHIN A STATE.—A State may authorize 
a portion of its funds made available under this subsection 
to be used to supplement funds available under subsection 
(aXD, as the State deems appropriate. 
"(h) NATIONAL PROGRAM.— 
"(1) IN GENERAL.—The funds made available under section 
21(c)(4), shall be available to the Secretary for grants or con-
tracts for the purposes of section 6, 8,10,11, or 20 of this Act, £is 
the Secretary deems appropriate, 
"(2) COMPLIANCE WITH ADA.—Of the amounts available under 
paragraph (1), the Secretary shall make available not less than 
$2,000,000 to provide transit-related technical assistance, dem-
onstration programs, research, public education, and other 
activities that the Secretary deems appropriate to help transit 
providers achieve compliance with the Americans with Disabil-
Contracts. 
ities Act of 1990. To the extent practicable, the Secretary shall 
carry out this subsection through contract with a national 
nonprofit organization serving persons with disabilities with 
demonstrated capacity to carry out these activities. 
"(3) SPECIAL INITIATIVES.—Of the amounts available under 
paragraph (1), an amount not to exceed 25 percent shall be 
available to the Secretary for special demonstration initiatives 
subject to such terms, conditions, requirements, and provisions 
as the Secretary deems consistent with the requirements of this 
Act, except that the provisions of section 3(eX4) shall apply to 
operational grants funded for purposes of section 6. For 
nonrenewable grants that do not exceed $100,000, the Secretary 
shall provide expedited procedures governing compliance with 
requirements of this Act. 
"(4) TECHNOLOGY DEVELOPMENT.— 
"(A) PROGRAM.—The Secretary is authorized to under-
take a program of transit technology development in co-
ordination with affected entities. 
"(B) INDUSTRY TECHNICAL PANEL.—The Secretary shall 
establish an Industry Technical Panel consisting of rep-
resentatives of transportation suppliers and operators and 
others involved in technology development. A majority of 
the Panel members shall represent the supply industry. 
The Panel shall assist the Secretary in the identification of 
priority technology development areas and in establishing 
guidelines for project development, project cost sharing, 
and project execution. 
"(C) GUIDELINES.—The Secretary shall develop guidelines 
for cost sharing in technology development projects funded 
under this section. Such guidelines shall be flexible in 
nature and reflect the extent of technical risk, market risk, 
and anticipated supplier benefits and pay back periods. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2119 
"(5) ADVANCED FARE COLLECTION TECHNOLOGY PILOT PROJECT.— 
From amounts authorized under section 21(c)(4), the Secretary 
shall make available $1,000,000 in fiscal year 1992 for the 
purpose of conducting a pilot project to evaluate, develop, and 
test advanced fare technology systems. Such project shall be 
carried out by the Washington Metropolitan Transit Authority. 
"(6) INERTIAL NAVIGATION TECHNOLOGY TRANSFER.— 
"(A) PROJECT.—There is authorized to be appropriated 
from 
amounts 
made 
available 
under 
section 
21(c), 
$1,000,000 for fiscal year 1992 to support an inertial naviga-
tion system demonstration project for the purpose of deter-
mining the safety, economic, and environmental benefits of 
deploying inertial navigation tracking and control systems 
in urban and rural environments. 
"(B) PUBLIC-PRIVATE SECTOR PARTICIPANTS.—The project 
described in subparagraph (A) shall be conducted by the 
Transit Safety Research Alliance, a nonprofit public-private 
sector consortium based in Pittsburgh, Pennsylvania. 
"(7) SUPPLEMENTARY FUNDS.—The Secretary may use funds 
appropriated under this subsection to supplement funds avail-
able under subsection (a)(1), as the Secretary deems appropriate. 
"(8) FEDERAL SHARE.—Where there would be a clear and 
direct financial benefit to an entity under a grant or contract 
funded under this subsection or subsection (a)(1), the Secretary 
shall establish a Federal share consistent with that benefit. 
'(c) SUSPENDED LIGHT RAIL SYSTEM TECHNOLOGY PILOT PROJECT.— 
"(1) FULL FUNDING GRANT AGREEMENT.—Not later than 60 
days after the fulfillment of the requirements under paragraph 
(5), the Secretary shall negotiate and enter into a full funding 
grant agreement under section 3 with a public entity selected 
under paragraph (4) for construction of a suspended light rail 
system technology pilot project. 
"(2) PROJECT PURPOSE.—The purpose of the project under this 
subsection shall be to assess the state of new technology for a 
suspended light rail system and to determine the feasibility and 
costs and benefits of using such a system for transporting 
passengers. 
"(3) PROJECT DESCRIPTION.—The project under this subsection 
shall— 
"(A) utilize new rail technology with individual vehicles 
on a prefabricated, elevated steel guideway; 
"(B) be stability seeking with a center of gravity for the 
detachable passenger vehicles located below the point of 
wheel-rail contact; and 
"(C) utilize vehicles which are driven by overhead bogies 
with high efficiency, low maintenance electric motors for 
each wheel, operating in a slightly sloped plane from verti-
cal for both the wheels and the running rails, to further 
increase stability, acceleration, and braking performance. 
"(4) COMPETITION.— 
"(A) IN GENERAL.—Notwithstanding any other provision 
of law, the Secretary shall conduct a national competition 
to select a public entity with which to enter into a full 
funding grant agreement under paragraph (1) for construc-
tion of the project under this subsection. 
"(B) PUBLICATION OF NOTICE.—Not later than 30 days 
after the date of the enactment of this Act, the Secretary 
Grants. 
Contracts. 
Federal 
Register, 
publication. 
105 STAT. 2120 
PUBLIC LAW 102-240—DEC. 18, 1991 
Grants. 
Contracts. 
Federal 
Register, 
publication. 
shall publish in the Federal Register notice of the competi-
tion to be conducted under this paragraph, together with 
procedures for public entities to participate in the com-
petition. 
"(C) SELECTION OF FINAUSTS.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary 
shall select 3 public entities to be finalists in the competi-
tion under this paragraph. 
"(D) AWARD OF GRANTS.—The Secretary shall award 
grants to each of the finalists selected under subparagraph 
(C). Such grants shall be used by the finalists to participate 
in the final phase of the competition under this paragraph 
in accordance with procedures to be established by the 
Secretary. The amount of such grants shall not exceed 80 
percent of the costs of such participation. No finalists may 
receive more than 1/3 of the amount made available under 
paragraph (9)(C). 
"(E) SELECTION OF WINNER.—Not later than 210 days 
after the date of the enactment of this Act, the Secretary 
shall select from among the finalists selected under 
subparagraph (C) the public entity with which to enter into 
a full funding grant agreement under paragraph (1). 
"(F) CONSIDERATIONS.—In conducting the competition and 
selecting public entities under this paragraph, the Sec-
retary shall consider the following: 
"(i) The public entity's demonstrated understanding 
and knowledge of the project under this section. 
"(ii) The public entity's technical, managerial, and 
financial capacity to undertake construction, manage-
ment, and operation of the project. 
"(iii) Maximization of potential contributions to the 
cost of the project by State, local, and private sector 
entities, including the donation of in-kind services and 
materials. 
"(5) EXPEDITED PROCEDURES.—Not later than 270 days after 
the date of selection of a public entity under paragraph (4), the 
Secretary shall approve and publish in the Federal Register a 
notice announcing either (A) a finding of no significant impact, 
or (B) a draft environmental impact statement for the project 
under this subsection. The alternative analysis for the project 
shall include a determination as to whether or not to actually 
construct such project. If a draft environmental impact state-
ment is published, the Secretary shall, not later than 180 days 
after the date of such publication, approve and publish in the 
Federal Register a notice of completion of a final environmental 
impact statement. The project shall not be subject to the 
major 
capital investment policy of the Federal 
Transit 
Administration. 
"(6) NOTICE TO PROCEED WITH CONSTRUCTION.—Not later than 
30 days following the execution of the full funding grant agree-
ment under paragraph (1), the Secretary shall issue a notice to 
proceed with construction. 
"(7) OPTION NOT TO CONSTRUCT.—Not later than the 30th day 
following the completion of preliminary engineering and design 
for the project, the public entity selected under paragraph (1) 
will make a determination on whether or not to proceed to 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2121 
actual construction of the project. If such public entity makes a 
determination not to proceed to such actual construction— 
"(A) the Secretary shall not enter into the grant agree-
ment under paragraph (1); 
"(B) any remaining sums received shall be returned to 
the Secretary and credited to the Mass Transit Account of 
the Highway Trust Fund; and 
"(C) the Secretary shall use the amount so credited and 
all other amounts to be provided under this section to 
award to entities selected under paragraph (4)(E) grants 
under section 3 for construction of the project described in 
paragraph (1). 
Any grants under subparagraph (C) shall be awarded after 
completion of a competitive process for selection of a grant 
recipient. Such process shall be completed not later than the 
60th day following the date of the determination under this 
subsection. 
"(8) OPERATING COST DEFICITS.—The full funding grant agree-
ment under paragraph (1) shall provide that— 
"(A) the system vendor for the project under this section 
shall fund 100 percent of any deficit incurred in operating 
the project in the first two years of revenue operations of 
the project; and 
"(B) the system vendor for the project under this section 
shall fund 50 percent of any deficit incurred in operating 
the project in the third year of revenue operations of the 
project. 
"(9) FUNDING.— 
"(A) PRECONSTRUCTION.—If the systems planning, alter-
natives analysis, preliminary engineering, and design and 
environmental impact statement are required by law for 
the project under this subsection, the Secretary shall pay by 
grant the Federal share of such costs (as determined under 
section 3) from amounts provided under such section as 
follows: not less than $4,000,000 for fiscal year 1993. Such 
funds shall remain available until expended. 
"(B) CONSTRUCTION.—The grant agreement under para-
graph (1) shall provide that the Federal share of the 
construction costs of the project under this section shall be 
paid by the Secretary from amounts provided under section 
3 as follows: not less than $30,000,000 for fiscal year 1994. 
Such funds shall remain available until expended. 
"(C) GRANTS.—Grants under paragraph (4) shall be paid 
by the Secretary from amounts provided under section 3 as 
follows: not less than $1,000,000 for fiscal year 1992. Any 
amounts not expended for such grants shall be available for 
the Federal share of costs described in subparagraphs (A) 
and (B). 
"(D) OPERATION.—Notwithstanding any other provision of 
law, the grant agreement under paragraph (1) shall provide 
with respect to the third year of revenue operations of the 
project under this subsection that the Federal share of 
operating costs of the project shall be paid by the Secretary 
from amounts provided under this section in a sum equal to 
50 percent of any deficit incurred in operating the project in 
such year of revenue operations or $300,000, whichever is 
105 STAT. 2122 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(10) FEDERAL SHARE.—The Federal share of the cost of 
construction of the project under this subsection shall be 80 
percent of the net cost of the project. 
"(11) REPORT.—Not later than January 30, 1993, and annually 
thereafter, the Secretary shall transmit to (ingress a report on 
the progress and results of the project under this subsection.". 
SEC. 3031. NEW JERSEY URBAN CORE PROJECT. 
(a) CONTRACTUAL COMMITMENTS.— 
(1) FULL FUNDING GRANT AGREEMENT.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary shall 
negotiate and enter into a full funding grant agreement under 
section 3 of the Federal Transit Act for those elements of the 
New Jersey Urban Core Project which can be fully funded in 
fiscal years 1992 through 1997. Such grant agreement shall not 
preclude the allocation of Federal funds for those elements of 
the project not covered under such grant agreement. 
(2) PAYMENT.—The grant agreement under paragraph (1) 
shall provide that the Federal share of the cost of the New 
Jersey Urban Core Project shall be paid by the Secretary from 
amounts provided under section 3 of the Federal Transit Act as 
follows: 
(A) Not less than $95,900,000 for fiscal year 1992. 
(B) Not less than $71,700,000 for fiscal year 1993. 
(C) Not less than $64,800,000 for fiscal year 1994. 
(D) Not less than $146,000,000 for fiscal year 1995. 
(E) Not less than a total of $256,000,000 for fiscal years 
1996 and 1997. 
Nothing in this section shall be construed as precluding other 
Federal funds from being committed to the project. 
(b) NON-FEDERAL SHARE.—Notwithstanding any other provision of 
law, for the purpose of calculating non-Federal contributions to the 
net cost of the New Jersey Urban Core Project, the Secretary shall 
include all non-Federal contributions made on or after January 1, 
1987, for construction of any element of the project. Non-Federal 
funds committed to one element of the project may be used to meet 
the non-Federal share requirement for any other element of the 
project. 
(c) EXEMPTION FROM CERTAIN REQUIREMENTS.—The requirements 
contained in section 3(i) of the Federal Transit Act (relating to 
criteria for new starts) shall not apply with respect to the New 
Jersey Urban Core Project; except that an alternative analysis and 
draft environmental impact statement shall be completed with re-
spect to the Hudson River Waterfront element of the project and the 
Secretary shall approve the recommended locally preferred alter-
native for such element. No element of the project shall be subject to 
the major capital investment policy of the Federal Transit Adminis-
tration. 
New York. 
(d) ELEMENTS OF URBAN CORE PROJECT.—For the purposes of this 
section, the New Jersey Urban Core Project consists of the following 
elements: Secaucus Transfer, 
Kearny Connection, 
Waterfront 
Connection, Northeast Corridor Signal System, Hudson River 
Waterfront Transportation System, Newark-Newark International 
Airport-Elizabeth Transit Link, a rail connection between Penn 
Station Newark and Broad Street Station, Newark, New York Penn 
Station Concourse, and the equipment needed to operate revenue 
service associated with improvements made by the project. The 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2123 
project includes elements advanced with 100 percent non-Federal 
funds. 
SEC. 3032. MULTIYEAR FUNDING FOR SAN FRANCISCO BAY AREA RAIL 
EXTENSION PROGRAM. 
(a) DRAFT ENVIRONMENTAL IMPACT STATEMENT.— 
(1) COMPLETION DEADUNE.—Not later than 60 days after the 
date of the enactment of this Act and in accordance with the 
National Environmental Policy Act of 1969, the Secretary shall 
complete a draft environmental impact statement for an exten-
sion of the San Francisco Bay Area Rapid Transit District 
(hereinafter in this section referred to as "BART") to the San 
Francisco International Airport. 
(2) NOTICE OF AVAILABILITY AND REPORTING.—The Secretary 
shall publish a notice of availability of the draft environmental 
impact statement for public review. If the Secretary has not 
published such notice on or before the 60th day following the 
date of the enactment of this Act, the Secretary shall report to 
Congress on the status of the completion of such draft environ-
mental impact statement. The Secretary shall continue to 
report to such committees every 30 days on the status of the 
completion of the draft environmental impact statement, 
including any proposed revisions to the statement or to the 
work plan, until a notice of availability of such document is 
published in the Federal Register. 
0)) PRELIMINARY ENGINEERING GRANT.— 
(1) To BART.—Not later than 30 days after the date of submit-
tal of a locally preferred alternatives report and notwithstand-
ing any other provision of law, the Secretary shall make a grant 
to BART to conduct preliminary engineering and to complete 
an environmental impact statement on the locally preferred 
alternative for the extension of BART to the San Francisco 
International Airport. The amount of such grant shall be 75 
percent of preliminary engineering costs, unless the matching 
percentage is increased by a modification to Metropolitan 
Transportation Commission Resolution No. 1876 in a manner 
that would allow such Federal share to be increased to 80 
percent. 
(2) To SANTA CLARA COUNTY.—Not later than 30 days after the 
date of the enactment of this Act and notwithstanding any 
other provision of the law, the Secretary shall make a grant to 
the Santa Clara County Transit District (hereinafter in this 
section referred to as "SCCTD") to conduct preliminary 
engineering and to complete an environmental impact state-
ment in accordance with the National Environmental Policy 
Act of 1969 on the locally preferred alternative for the Tasman 
Corridor Project. The amount of such grant shall be $12,750,000; 
except that the Federal share for all project costs may not 
exceed 50 percent, unless the matching percentage is increased 
by a modification to Metropolitan Transportation Commission 
Resolution No. 1876 in a manner that would allow such Federal 
share to be increased to 80 percent. Local funds expended on the 
Tasman Corridor Project after the locally preferred alternative 
was approved by the Metropolitan Transportation Commission 
on July 31, 1991, shall be considered eligible project costs under 
the Federal Transit Act. 
(c) CONTRACTUAL COMMITMENTS.— 
Federal 
Register, 
publication. 
105 STAT. 2124 
PUBLIC LAW 102-240—DEC. 18, 1991 
(1) APPROVAL OF CONSTRUCTION.—Notwithstanding any other 
provision of law, the Secretary shall approve the construction of 
the locally preferred alternative for the BART San Francisco 
International Airport Extension (Phase la to Colma and Phase 
lb to San Francisco Airport) and the Tasman Corridor Project 
according to the following schedule; provided that the Secretary 
does not grant approval under subparagraphs (A), (B), and (C) 
before the 30th day after completion of the environmental 
impact statement: 
(A) Not later than 90 days after the date of the enactment 
of this Act, the Secretary shall approve such construction 
for BART Phase la to Colma. 
(B) Not later than 90 days after the date of the comple-
tion of preliminary engineering, the Secretary shall 
approve such construction for BART Phase lb to San Fran-
cisco International Airport. 
(C) Not later than 90 days after the date of the completion 
by SCCTD of preliminary engineering, the Secretary shall 
approve such construction for the Tasman Corridor Project. 
Grants. 
(2) EXECUTION OF CONTRACT.—Upon approving construction 
under paragraph (1), the Secretary shall execute a multiyear 
grant agreement with BART to permit the expenditure of funds 
for the construction of the BART San Francisco International 
Airport Extension (Phase la and Phase lb) and with SCCTD for 
the construction of the Tasman Corridor Project. 
(d) FEDERAL SHARE.— 
(1) BART EXTENSION.—The grant agreement under subsection 
(c)(2) shall provide that the Federal share of the project cost for 
the locally preferred alternative for the BART San Francisco 
International Airport Extension (Phase la and Phase lb) shall 
be 75 percent, unless the matching percentage is increased by a 
modification to Metropolitan Transportation Commission Reso-
lution No. 1876 in a manner that would allow such Federal 
share to be increased to 80 percent. 
(2) TASMAN CORRIDOR PROJECT.—The grant agreement under 
subsection (c)(2) shall provide that the Federal share of the 
project cost for the locally preferred alternative for the Tasman 
Corridor Project, including costs for preliminary engineering, 
shall be 50 percent, unless that matching percentage is in-
creased by a modification to Metropolitan Transportation 
Commission Resolution No. 1876 in a manner that would allow 
such Federal share to be increased to 80 percent. 
(e) PAYMENT.—The grant agreement under subsection (c)(2) shall 
provide that the Federal share of the cost of the projects shall be 
paid by the Secretary from amounts provided under section 3 of the 
Federal Transit Act for construction of new fixed guideway systems 
and extensions to fixed guideway systems, as follows: 
(1) Not less than $28,500,000 for fiscal year 1990. 
(2) Not less than $40,000,000 for fiscal year 1991. 
(3) Not less than $100,000,000 for each of fiscal years 1992 
through 1995. 
(4) Not less than $100,000,000 for fiscal years 1996 and 1997. 
Apportionment of payments between BART and SCCTD shall be 
consistent with the Metropolitan Transportation Commission Reso-
lution No. 1876. 
(f) ADVANCE CONSTRUCTION.—The grant agreements under subsec-
tion (c)(2) shall provide that the Secretary shall reimburse BART 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2125 
and SCCTD from any amounts provided under section 3 of the 
Federal Transit Act for fiscal years 1992 through 1997 for the 
Federal share of the net project costs incurred by BART and SCCTD 
under subsections (c)(1) and (c)(2), including the amount of any 
interest earned and payable on bonds as provided in section 3(1)(2) of 
the Federal Transit Act, as follows: 
(1) Not later than September 30, 1994, the Secretary shall 
reimburse BART and SCCTD a total of $368,500,000 (plus such 
interest), less amounts provided under subsection (e) for fiscal 
years 1992 through 1994. 
(2) Not later than September 30, 1997, the Secretary shall 
reimburse BART and SCCTD a total of $568,500,000 (plus such 
interest), less amounts provided under subsection (e) for fiscal 
years 1992 through 1997. 
(g) FULL FUNDING GRANT AGREEMENTS.— 
(1) SCHEDULE.—Notwithstanding any other provision of law, 
the Secretary shall negotiate and execute full funding grant 
agreements that are consistent with Metropolitan Transpor-
tation Commission Resolution No. 1876 with BART for Phase la 
to Colma and Phase lb to the San Francisco International 
Airport, and with SCCTD for the Tasman Corridor Project 
according to the following schedule: 
(A) Not later than 90 days after the date of completion by 
SCCTD of preliminary engineering, the Secretary shall exe-
cute such agreement for the Tasman Corridor Project. 
(B) Upon completion by BART of 85 percent of final 
design, the Secretary shall execute such agreement for 
Phase la to Colma. 
(C) Upon completion by BART of 85 percent of final 
design, the Secretary shall execute such agreement for 
Phase lb to the San Francisco International Airport. 
(2) ADDITIONAL AMOUNTS.—In addition to the $568,500,000 
provided under this section, the Secretary shall, subject to 
annual appropriations, issue full funding grant agreements to 
complete the projects utilizing the full amount of the unobli-
gated balance in the Mass Transit Account of the Highway 
Trust Fund. 
(h) ALTERNATIVES ANALYSIS.—The Secretary shall permit the 
Santa Clara County Transit District, in cooperation with the Metro-
politan Transportation Commission, to conduct an Alternatives 
Analysis to examine transit alternatives including a possible BART 
extension from southern Alameda County through downtown San 
Jose to Santa Clara, California. 
SEC. 3033. QUEENS LOCAL/EXPRESS CONNECTION. 
(a) FULL FUNDING GRANT AGREEMENT.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary shall 
negotiate and enter into a full funding grant agreement under 
section 3 of the Federal Transit Act for those elements of the Queens 
Local/Express Connection which can be fully funded in fiscal years 
1992 through 1997. Such grant agreement shall not preclude the 
allocation of Federal funds for those elements of the project not 
covered under such grant agreement. 
(b) PAYMENT.—The grant agreement under subsection (a) shall 
provide that the Federal share of the cost of the Queens Local/ 
Express Connection shall be paid by the Secretary from amounts 
105 STAT. 2126 
PUBLIC LAW 102-240—DEC. 18, 1991 
provided under section 3(k)(l)(B) of the Federal Transit Act as 
follows: 
(1) Not less than $11,000,000 for fiscal year 1992. 
(2) Not less than $18,700,000 for fiscal year 1993. 
(3) Not less than $77,800,000 for fiscal year 1994. 
(4) Not less than $76,800,000 for fiscal year 1995. 
(5) Not less than $121,800,000 for fiscal year 1996. 
Nothing in this section shall be construed as precluding other 
Federal funds from being committed to the project. 
publication. 
SEC. 3034. MULTIYEAR CONTRACT FOR METRO RAIL PROJECT. 
Federal 
(a) SUPPLEMENTAL EIS.—Not later than April 1, 1992, and in 
nnhlfi^tinn 
accordance with the National Environmental Policy Act of 1969, the 
Secretary shall complete preparation of a final supplemental 
environmental impact statement for Minimum Operable Segment-3 
(other than the East Side Extension) and publish a notice of the 
completion of such statement in the Federal Register. Such state-
ment shall reflect any alignment changes in the Los Angeles Metro 
Rail Project and any determination of an amended locally preferred 
alternative for the project. In preparing such statement, the Sec-
retary shall rely, to the maximum extent feasible, upon existing 
environmental studies and analyses conducted with respect to the 
project, including the Draft Supplemental Environmental Impact 
Statement (dated November 1987) and the Final Supplemental 
Environmental Impact Statement (dated July 1989). 
(b) AMENDMENT TO CONTRACT TO INCLUDE CONSTRUCTION OF 
MOS-3.— 
(1) NEGOTIATION.—Not later than April 1, 1992, the Secretary 
shall begin negotiations with the Commission on an amendment 
to the full funding contract under section 3 of the Federal 
Transit Act (dated April 1990) for construction of Minimum 
Operable Segment-2 of the Los Angeles Metro Rail Project in 
order to include construction of Minimum Operable Segment-3 
(including the commitment described in paragraph (4) to pro-
vide Federal funding for the East Side Extension) in such 
contract. 
(2) EXECUTION.—Not later than October 15, 1992, the Sec-
retary shall— 
(A) complete negotiations and execute the amended con-
tract under paragraph (1); and 
(B) issue a record of decision approving the construction 
of Minimum Operable Segment-3 (other than the East Side 
Extension). 
(3) PAYMENT OF FEDERAL SHARE.— 
(A) FEDERAL SHARE.—The amended contract under para-
graph (1) shall provide that the Federal share of the cost of 
construction of Minimum Operable Segment-3 for fiscal 
years 1993 through 1997 shall be $695,000,000. 
(B) PAYMENT.—The amended contract under paragraph 
(1) shall provide that the Federal share of the cost of 
construction of Minimum Operable Segment-3 shall be paid 
by the Secretary from amounts available under section 3 of 
the Federal Transit Act in accordance with a schedule for 
annual payments set forth in such contract. 
(4) EAST SIDE EXTENSION.—The amended contract under 
paragraph (1) shall include a commitment to provide Federal 
funding for the East Side Extension, subject to completion of 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2127 
alternatives analysis and satisfaction of Federal environmental 
requirements. 
(5) ADVANCE CONSTRUCTION.— 
(A) IN GENERAL.—The amended contract under para-
graph (1) shall provide that the Commission may construct 
any portion of Minimum Operable Segment-3 in accord-
ance with section 3(1) of the Federal Transit Act. 
(B) 
AMOUNT.—The 
Commission 
may 
use 
advance 
construction authority in an amount not to exceed the sum 
of $535,000,000 plus the difference (if any) between the 
Federal share specified in paragraph (3) for fiscal years 
1993 through 1997 and the amount of Federal funds actu-
ally provided in those fiscal years. 
(C) CONVERSION TO GRANTS.—In the event the Commission 
uses advance construction authority under this paragraph, 
the Secretary shall convert that authority into a grant and 
shall reimburse the Commission, from funds available 
under section 3 of the Federal Transit Act, for the Federal 
share of the amounts expended. Such conversion and re-
imbursement shall be made by the Secretary in fiscal years 
1998, 1999, and 2000 and shall be equal to the Federal share 
of the amounts expended by the Commission pursuant to 
this paragraph (plus any eligible bond interest under sec-
tion 3(1)(2) of the Federal Transit Act). 
(c) FURTHER AMENDMENT TO CONTRACT.—Not later than October 
15, 1996, the Secretary shall negotiate and enter into a further 
amendment to the contract described in subsection (bXD in order to 
provide Federal funding for Minimum Operable Segment-3 for 
fiscal years 1998 through 2000. The amended contract shall include 
provisions for the use and reimbursement of advance construction in 
the manner set forth in subsection (bX5). 
(d) CONTINUING PREUMINARY ENGINEERING.—Before the date on Grants 
which an amended contract is executed under subsection (b), the 
Secretary shall, upon receipt of an application from the Commission, 
make a grant to the Commission from amounts available under 
section 3 of the Federal Transit Act for continuing preliminary 
engineering and environmental analysis work for Minimum Oper-
able Segment-3. 
(e) ADDITION OF EAST SIDE EXTENSION.— 
(1) ALTERNATIVES ANALYSIS AND ENVIRONMENTAL REVIEW.— 
The Secretary shall cooperate with the Commission in alter-
natives analysis and environmental review, including prepara-
tion of a draft environmental impact statement, for the East 
Side Extension. Upon receipt of an application from the 
Commission, the Secretary shall make a grant to the Commis-
sion, from amounts available under section 3 of the Federal 
Transit Act, for preliminary engineering, design, and related 
expenses for the East Side Extension, in an amount equal to 50 
percent of the cost of such activities. Such funds shall be 
provided from the amounts made available by the Secretary 
under subsection (bX3). 
(2) SUPPLEMENTAL EIS.—Not later than December 1, 1993, and 
in accordance with the National Environmental Policy Act of 
1969, the Secretary shall complete preparation of a final supple-
mental environmental impact statement for the East Side 
Extension and shall publish a notice of completion of such 
statement in the Federal Register, 
Grants. 
Federal 
Register, 
publication. 
105 STAT. 2128 
PUBLIC LAW 102-240—DEC. 18, 1991 
(3) AMENDMENT TO CONTRACT TO INCLUDE EAST SIDE EXTEN-
SION.— 
(A) NEGOTIATION.—Immediately upon the completion of 
alternatives analysis and preliminary engineering for the 
East Side Extension, the Secretary shall begin negotiations 
with the Commission on a further amendment to the con-
tract referred to in subsection (b)(1) in order to include 
construction of the East Side Extension. 
(B) EXECUTION.—Not later than June 1, 1994, the Sec-
retary shall— 
(i) complete negotiations and execute the amended 
contract under subparagraph (A); and 
(ii) issue a record of decision approving the construc-
tion of the East Side Extension, 
(C) CONTENTS.—The amended contract under subpara-
graph (A) shall be consistent with the commitment made 
under subsection (b)(4) and shall include appropriate 
changes to the existing scope of work to include the East 
Side. 
(f) APPLICABIUTY OF FEDERAL REQUIREMENTS.—The amended con-
tracts under this section shall provide that any activity under 
Minimum Operable Segment-3 that is financed entirely with non-
Federal funds shall not be subject to any Federal statute, regulation, 
or program guidance, unless the Federal statute or regulation in 
question, by its terms, otherwise applies to and covers such activity. 
(g) CRITERIA FOR NEW STARTS.—Minimum Operable Segment-3 
shall be deemed to be a project described in and covered by section 
303(b) of the Surface Transportation and Uniform Relocation Assist-
ance Act of 1987. 
Reports. 
(h) NOTIFICATION OF NONCOMPLIANCE.—If the Secretary is unable 
to comply with a deadline established by this section, the Secretary 
shall report to Congress on the reasons for the noncompliance and 
shall provide such Committees a firm schedule for taking the action 
required. 
(i) DEFINITIONS.—For the purposes of this section, the following 
definitions apply: 
(1) COMMISSION.—The term "Commission" means the Los 
Angeles County Transportation Commission (or any successor 
thereto). 
(2) EAST SIDE EXTENSION.—The term "East Side Extension" 
means that portion of Minimum Operable Segment-3 described 
in paragraph (3XC). 
(3) MINIMUM OPERABLE SEGMENT-3.—The term "Minimum 
Operable Segment-3" means that portion of the Los Angeles 
Metro Rail Project which consists of 7 stations and approxi-
mately 11.6 miles of heavy rail subway on the following lines: 
(A) One line running west and northwest from the Holly-
wood/Vine station to the North Holl5rwood station, with 2 
intermediate stations. 
(B) One line running west from the Wilshire/Western 
station to the Pico/San Vicente station, with one intermedi-
ate station. 
(C) One line consisting of an initial line of approximately 
3 miles in length, with at least 2 stations, beginning at 
Union Station and running generally east. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2129 
SEC. 3035. MISCELLANEOUS MULTIYEAR CONTRACTS. 
Grants. 
(a) HAWTHORNE, NEW JERSEY-WARWICK, NEW YORK, SERVICE.—No 
later than 120 days after the date of the enactment of this Act, the 
Secretary shall negotiate and sign a multiyear grant agreement 
with the New Jersey Transit Corporation which includes not less 
than $35,710,000 in fiscal year 1992 and not less than $11,156,000 in 
fiscal year 1993 from funds made available under section 3(k)(l)(B) of 
the Federal Transit Act to carry out the construction of a project to 
provide commuter rail service from Hawthorne, New Jersey, to 
Warwick, New York (including a connection with the New Jersey 
Transit Main Line in Hawthorne, New Jersey, and improvements to 
the New Jersey Transit Main Line station in Paterson, New Jersey). 
Such agreement shall provide that amounts provided under the 
agreement may be used for purchasing equipment and for rehabili-
tating and constructing stations, parking facilities, and other facili-
ties necessary for the restoration of such commuter rail service. 
03) WESTSIDE LIGHT RAIL PROJECT.—NO later than April 30, 1992, Oregon, 
the Secretary shall negotiate and sign a multiyear grant agreement 
with the Tri-County Metropolitan Transportation District of Oregon 
which includes $515,000,000 from funds made available under sec-
tion 3(k)(l)(B) of the Federal Transit Act at the Federal share 
contained in House Report 101-584 to carry out the construction of 
the locally preferred alternative for the Westside Light Rail Project, 
including system related costs, set forth in Public Law 101-516 and 
as defined in House Report 101-584. Such agreement shall also 
provide for the completion of alternatives analysis, the final 
Environmental Impact Analysis, and preliminary engineering for 
the Hillsboro extension to the Westside Project as set forth in Public 
Law 101-516. 
(c) NORTH BAY FERRY SERVICE.—NO later than April 30, 1992, the California. 
Secretary shall negotiate and sign a multiyear grant agreement 
with the City of Vallejo, California, which includes $8,000,000 in 
fiscal year 1992 and $9,000,000 in fiscal year 1993 from funds made 
available under section 3(k)(l)(B) of the Federal Transit Act to carry 
out capital improvements under the North Bay Ferry Service Dem-
onstration Program. 
(d) STATEN ISLAND-MIDTOWN MANHATTAN FERRY SERVICE.—No New York, 
later than April 30, 1992, the Secretary shall negotiate and sign a 
multiyear grant agreement with the New York City Department of 
Transportation in New York, New York, which includes $1,000,000 
in fiscal year 1992 and $11,000,000 in fiscal year 1993 from funds 
made available under section 3(k)(l)(B) of the Federal Transit Act to 
carry out capital improvements under the Staten Island-Midtown 
Ferry Service Demonstration Program. 
(e) CENTRAL AREA CIRCULATOR PROJECT.—No later than April 30, Illinois. 
1992, the Secretary shall negotiate and sign a multiyear grant 
agreement with the City of Chicago, Illinois, which includes 
$260,000,000 from funds made available under section 3(k)(l)(B) of 
the Federal Transit Act to carry out the construction of the locally 
preferred alternative for the Central Area Circulator Project. Such 
grant agreement shall provide that the Federal share of the cost of 
such project shall be paid by the Secretary from amounts provided 
under such section 3(k)(lXB) as follows: 
(1) Not less than $21,000,000 for fiscal year 1992. 
(2) Not less than $55,000,000 for fiscal year 1993. 
(3) Not less than $70,000,000 for fiscal year 1994. 
105 STAT. 2130 
PUBLIC LAW 102-240—DEC. 18, 1991 
Utah. 
California. 
California. 
Massachusetts. 
(4) Not less than $62,000,000 for fiscal year 1995. 
(5) Not less than a total of $52,000,000 for fiscal years 1996 
and 1997. 
(f) SALT LAKE CITY LIGHT RAIL PROJECT.—No later than August 30, 
1992, the Secretary shall negotiate and sign a multiyear grant 
agreement with the Utah Transit Authority, which includes 
$131,000,000 from funds made available under section 3(k)(l)(B) of 
the Federal Transit Act to carry out the construction of the initial 
segment of the locally preferred alternative for the Salt Lake City 
Light Rail Project, including feeder bus and other system related 
costs. 
(g) Los ANGELES-SAN DIEGO (LOSSAN) RAIL CORRIDOR IMPROVE-
MENT PROJECT.—No later than April 30, 1992, the Secretary shall 
negotiate and sign a multiyear grant agreement with the Los 
Angeles-San Diego Rail Corridor Agency which includes not less 
than $10,000,000 for fiscal year 1992 and not less than $5,000,000 in 
each of fiscal years 1993 and 1994 from funds made available under 
section 3(k)(l)(B) of the Federal Transit Act to provide for capital 
improvements to the rail corridor between Los Angeles and San 
Diego, California. 
(h) SAN JOSE-GILROY-HOLLISTER COMMUTER RAIL PROJECT.—No 
later than April 30, 1992, the Secretary shall negotiate and sign a 
multiyear grant agreement with the responsible operating entity for 
the San Francisco Peninsula Commute Service which includes, from 
funds made available under section 3(k)(l)(B) of the Federal Transit 
Act, $13,000,000 for capital improvements and trackage rights re-
lated to the extension of commuter rail service from San Jose, 
through Gilroy, to HoUister, California. The Secretary shall allocate 
to the Santa Clara County Transit District in fiscal year 1992, from 
funds made available under such section 3(k)(l)(B), $8,000,000 for the 
purpose of a one-time purchase of perpetual trackage rights between 
the existing terminus in San Jose and Gilroy, California, to run 
passenger rail service. 
(i) DALLAS LIGHT RAIL PROJECT.—No later than April 30,1992, the 
Secretary shall negotiate and sign a multiyear grant agreement 
with Dallas Area Rapid Transit which includes $160,000,000 from 
funds made available under section 3(k)(l)(B) of the Federal Transit 
Act to carry out the construction of the locally preferred alternative 
for the initial 6.4 miles and 10 stations of the South Oak Cliff light 
rail line. Non-Federal funds used to acquire rights-of-way and to 
plan, design, and construct any of the elements of such light rail line 
on or after August 13, 1983, may be used to meet the non-Federal 
share funding requirement for financing construction of any of such 
elements. 
(j) SOUTH BOSTON PIERS TRANSITWAY/LIGHT RAIL PROJECT.—No 
later than June 1, 1992, the Secretary shall negotiate and sign a 
multiyear grant agreement with the Massachusetts Bay Transpor-
tation Authority which includes $278,000,000 from funds made 
available under section 3(k)(l)(B) of the Federal Transit Act to carry 
out the construction of the South Station to World Trade Center 
segment of the locally preferred alternative for the South Boston 
Piers Transitway/Light Rail Project. Not later than February 28, 
1992, the Secretary shall allocate from such $278,000,000 such sums 
as may be necessary to carry out preliminary engineering and 
design for the entirety of such preferred alternative. Section 330 of 
the Department of Transportation and Related Agencies Appropria-
tions Act, 1992, is amended by striking "—", by striking "(a)", by 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2131 
striking "; and" at the end of paragraph (a) and all that follows 
through the period at the end of such section and inserting a period, 
and by running in the remaining matter of paragraph (a) following 
"Administration". 
(k) KANSAS CITY LIGHT RAIL PROJECT.—No later than April 30, 
1992, the Secretary shall negotiate and sign a multiyear grant 
agreement with the Kansas City Area Transportation Authority 
which includes, from funds made available under section 3(kXlXB) of 
the Federal Transit Act, $1,500,000 in fiscal year 1992, and 
$4,400,000 in fiscal year 1993 to provide for the completion of 
alternatives analysis and preliminary engineering for the Kansas 
City Light Rail Project. 
(1) ORLANDO STREETCAR (OSCAR) DOWNTOWN TROLLEY PROJECT.— Florida. 
No later than April 30, 1992, the Secretary shall negotiate and sign 
a multiyear grant agreement with the City of Orlando, Florida, 
which includes, from funds made available under section 3(k)(l)(B) of 
the Federal Transit Act, $5,000,000 to provide for the completion of 
alternatives analysis and preliminary engineering for the Orlando 
Streetcar (OSCAR) Downtown Trolley Project. 
(m) DETROIT LIGHT RAIL PROJECT.—NO later than April 30, 1992, Michigan, 
the Secretary shall negotiate and enter into a multiyear grant 
agreement with the city of Detroit, Michigan, which includes, from 
funds made available under section 3(k)(l)(B) of the Federal Transit 
Act, not less than $10,000,000 for fiscal year 1992, and not less than 
$10,000,000 for fiscal year 1993, to provide for the completion of 
alternatives analysis and preliminary engineering for the Detroit 
Light Rail Project. 
(n) Bus AND Bus 
RELATED EQUIPMENT PURCHASES IN ALTOONA, 
PENNSYLVANIA.—No later than April 30, 1992, the Secretary shall 
enter into a grant agreement with Altoona Metro Transit for 
$2,000,000 for fiscal year 1992 from funds made available under 
section 3(k)(l)(C) of the Federal Transit Act to provide for the 
purchase of 10 buses, a fuel storage tank, a bus washer and 2 service 
vehicles. 
(o) LONG BEACH METRO LINK FIXED RAIL PROJECT.—No later than California. 
April 30, 1992, the Secretary shall negotiate and sign a multiyear 
grant agreement with the Los Angeles County Transportation 
Commission which includes $4,000,000 from funds made available 
under section 3(k)(l)(B) of the Federal Transit Act to provide for the 
completion of alternatives analysis and preliminary engineering for 
the Metro Link Project in Long Beach, California. 
(p) 
LAKEWOOD-FREEHOLD-MATAWAN 
OR 
JAMESBURG 
RAIL New Jersey. 
PROJECT.—No later than April 30, 1992, the Secretary shall nego-
tiate and sign a multiyear grant agreement with the New Jersey 
Transit Corporation, which includes, from funds made available to 
the Northeastern New Jersey urbanized area under section 
3(k)(l)(B) of the Federal Transit Act, $1,800,000 in fiscal year 1992 
and $3,000,000 in each of fiscal years 1993 and 1994 to provide for 
the completion of alternatives analysis, preliminary engineering, 
and environmental impact statement for the Lakewood-Freehold-
Matawan or Jamesburg Rail Project. 
(q) SAN FRANCISCO, CALIFORNIA.—No later than April 30,1992, the 
Secretary shall enter into a grant agreement for $2,500,000 from 
funds made available under section 3(k)(l)(C) for fiscal year 1992 to 
construct a parking facility as part of a multimodal transportation 
facility in the vicinity of California Pacific Medical Center, San 
Francisco, California. 
105 STAT. 2132 
PUBLIC LAW 102-240—DEC. 18, 1991 
North Carolina. 
Greorgia. 
Tennessee. 
Texas. 
(r) CHARLOTTE LIGHT RAIL STUDY.—No later than April 30, 1992, 
the Secretary shall negotiate and sign a multiyear grant agreement 
with the City of Charlotte, North Carolina, which includes, from 
funds made available under section 3(k)(l)(B) of the Federal Transit 
Act, $125,000 in fiscal year 1992 and $375,000 in fiscal year 1993 to 
provide for the completion of systems planning and alternatives 
analysis for a priority light rail corridor in the Charlotte metropoli-
tan area. 
(s) BucKHEAD PEOPLE MOVER CONCEPTUAL ENGINEERING STUDY.— 
No later than April 30, 1992, the Secretary shall negotiate and sign 
a multiyear grant agreement with the Atlanta Regional Commission 
which includes, from funds made available under section 3(k)(l)(B) of 
the Federal Transit Act, $200,000 in fiscal year 1992, to provide for 
the completion of a conceptual engineering study for a people mover 
system in Atlanta, Georgia. 
(t) CLEVELAND DUAL HUB RAIL PROJECT.—No later than April 30, 
1992, the Secretary shall negotiate and sign a multiyear grant 
agreement with the Greater Cleveland Regional Transit Authority 
which includes, from funds made available under section 3(k)(l)(B) of 
the Federal Transit Act, $2,000,000 in fiscal year 1992, $2,000,000 in 
fiscal year 1993, and $1,000,000 in fiscal year 1994, to provide for the 
completion of alternatives analysis on the Cleveland Dual Hub Rail 
Project. 
(u) SAN DIEGO MID COAST LIGHT RAIL PROJECT.—No later than 
April 30, 1992, the Secretary shall negotiate and sign a multiyear 
grant agreement with the San Diego Metropolitan Transit Develop-
ment Board which includes, from funds made available under sec-
tion 3(k)(l)(B) of the Federal Transit Act, $2,000,000 in fiscal year 
1992, $5,000,000 in fiscal year 1993, and $20,000,000 in fiscal year 
1994, to provide for the completion of alternatives analysis and the 
final environmental impact statement, and to purchase right-of-way, 
for the San Diego Mid Coast Light Rail Project. 
(v) CHATTANOOGA DOWNTOWN TROLLEY PROJECT.—No later than 
April 30, 1992, the Secretary shall negotiate and sign a multiyear 
grant agreement with the Chattanooga Area Regional Transpor-
tation Authority which includes, from funds made available under 
section 3(k)(l)(B) of the Federal Transit Act, $1,000,000 in fiscal year 
1992 and $1,000,000 in fiscal year 1993 to provide for the completion 
of alternatives analysis on a proposed trolley circulator in downtown 
Chattanooga, Tennessee. 
(w) NORTHEAST OHIO COMMUTER RAIL FEASIBIUTY STUDY.—No 
later than April 30, 1992, the Secretary shall negotiate and sign a 
multiyear grant agreement with the Northeast Ohio Areawide Co-
ordinating Agency which includes, from funds made available under 
section 3(k)(l)(B) of the Federal Transit Act, $800,000 in fiscal year 
1992 and $800,000 in fiscal year 1993 to study the feasibility of 
providing commuter rail service connecting urban and suburban 
areas in northeast Ohio. 
(x) R A I L T R A N COMMUTER RAIL PROJECT.—No later than April 30, 
1992, the Secretary shall negotiate and sign a multiyear grant 
agreement with the Cities of Dallas and Fort Worth, Texas, which 
includes, from funds made available under section 3(k)(l)(B) of the 
Federal Transit Act, $2,480,000, in fiscal year 1992, and $3,200,000 in 
fiscal year 1993 to provide for preliminary engineering and construc-
tion of improvements to the Dallas/Fort Worth RAILTRAN System. 
(y) Bus AND Bus RELATED EQUIPMENT PURCHASES IN JOHNSTOWN, 
PENNSYLVANIA.—No later than April 30, 1992, the Secretary shall 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2133 
enter into a grant agreement with the Cambria County Transit 
Authority for $1,600,000 for fiscal year 1992 from funds made avail-
able under section 3(k)(l)(C) of the Federal Transit Act to provide for 
the purchase of 6 midsize buses; spare engines, transmissions, 
wheels, tires; wheelchair lifts for urban buses; 20 2-way radios; 29 
electronic fareboxes and related equipment; computer hardware and 
software; and shop tools, equipment and parts for the Cambria 
County Transit System; and a new 400 HP electric motor and 
related components; cable replacement; hillside erosion control; 
park-and-ride facilities; and a handicapped pedestrian crosswalk for 
the Johnstown Inclined Plane. 
(z) Bus PURCHASE FOR EUREKA SPRINGS, ARKANSAS.—No later 
than April 30, 1992, the Secretary shall enter into a grant agree-
ment with Eureka Springs Transit for $63,600 for fiscal year 1992 
from funds made available under section 3(k)(l)(C) of the Federal 
Transit Act to provide for the purchase of an electrically powered 
bus which is accessible to and usable by individuals with disabilities. 
(aa) TUCSON DIAL-A-RIDE PROJECT.—NO later than April 30, 1992, Arizona, 
the Secretary shall negotiate and sign a grant agreement with the 
City of Tucson, Arizona, which includes, from funds made available 
under section 3(k)(l)(C) of the Federal Transit Act, $8,000,000 in 
fiscal year 1992 to make capital improvements related to the Tucson 
Dial-a-Ride Project. 
Oob) LONG BEACH Bus FACILITY PROJECT.—No later than April 30, 
1992, the Secretary shall negotiate and sign a grant agreement with 
the Long Beach Transportation Company to include, from funds 
made available under section 3(k)(l)(C) of the Federal Transit Act, 
$13,875,000 in fiscal year 1992, to provide for the construction of a 
bus maintenance facility in the service area of such company. 
(cc) PARK-AND-RIDE LOT.—NO later than April 30, 1992, the Sec- Pennsylvania, 
retary shall negotiate and sign a grant agreement with the South-
eastern Pennsylvania Transportation Authority which includes, 
from funds made available under section 3(k)(l)(C) of the Federal 
Transit Act, $4,000,000 in fiscal year 1992 to construct a park-and-
ride lot in suburban Philadelphia, Pennsylvania. 
(dd) NASHVILLE INTERMODAL TERMINAL.—No later than April 30, Tennessee. 
1992, the Secretary shall negotiate and sign a grant agreement with 
the City of Nashville, Tennessee, which includes, from funds made 
available under section 3(k)(l)(C) of the Federal Transit Act, 
$3,700,000 in fiscal year 1992 to provide for the construction of an 
intermodal passenger terminal in Nashville, Tennessee. 
(ee) MAIN STREET TRANSIT MALL.—No later than April 30, 1992, Ohio, 
the Secretary shall negotiate and sign a grant agreement with the 
City of Akron, Ohio, which includes, from funds made available to 
that State under section 3(k)(l)(C) of the Federal Transit Act, 
$1,450,000 in fiscal year 1992 to provide for preliminary engineering 
and construction of an extension to the Main Street Transit Mall. 
iff) PEOPLE MOBILIZER.—NO later than April 30, 1992, the Sec-
retary shall negotiate and sign a grant agreement with PACE which 
includes, from funds made available to the suburban Chicago urban-
ized area under section 3(k)(l)(C), $2,300,000 in fiscal year 1992 to 
make capital purchases necessary for implementing the people 
mobilizer project in such area. The limitation on operating assist-
ance which but for this section would apply to the people mobilizer 
project for fiscal year 1992 under section 9(k)(2)(A) of the Federal 
Transit Act shall be increased by $700,000. 
105 STAT. 2134 
PUBLIC LAW 102-240—DEC. 18, 1991 
Pennsylvania. 
(gg) CENTRE A R E A TRANSPORTATION AUTHORITY REIMBURSEMENT.— 
Notwithstanding any other provision of law, the Secretary shall 
reimburse the Centre Area Transportation Authority in State Col-
lege, Pennsylvania, from funds made available under section 
3(k)(l)(C) of the Federal Transit Act, $1,000,000 in fiscal year 1992 
for costs incurred by the Centre Area Transportation Authority 
between August 1989 and October 1991 in connection with the 
construction of an administrative maintenance and bus storage 
facility. 
(hh) KEY WEST, FLORIDA.—Not later than April 30, 1992, the 
Secretary shall negotiate and enter into a grant agreement with the 
city of Key West, Florida, which includes, from funds made avail-
able under section 3(k)(l)(C) of the Federal Transit Act, $239,666 in 
fiscal year 1992 for the cost of purchasing 3 buses. 
(ii) BOSTON, MASSACHUSETTS.—The Secretary shall conduct at a 
cost of $250,000 in fiscal year 1992 from funds made available under 
section 3(k)(l)(B) of the Federal Transit Act a feasibility study of a 
proposed rail link between North Station and South Station in 
Boston, Massachusetts. 
(jj) BUFFALO, NEW YORK.—No later than April 30, 1992, the 
Secretary shall enter into a grant agreement with the Niagara 
Frontier Transportation Authority for $2,000,000 for fiscal year 1992 
from funds made available under section 3(k)(l)(C) of the Federal 
Transit Act to provide for the construction of metro bus transit 
centers in the service area of such transportation authority. 
(kk) STATE OF MICHIGAN.—No later than June 30, 1992, the Sec-
retary shall enter into a multiyear grant agreement with the State 
of Michigan for $10,500,000 for fiscal year 1992, and not less than 
$10,000,000 for each of fiscal years 1993 through 1997 from funds 
made available under section 3(k)(l)(C) of the Federal Transit Act 
for the purchase of buses and bus-related equipment to be distrib-
uted among local transit operators. Of the grant amount for fiscal 
year 1992, $500,000 shall be made available for a study of the 
feasibility of consolidation of transit services. 
(11) ANN ARBOR, MICHIGAN.—No later than April 30, 1992, the 
Secretary shall enter into a grant agreement with the Ann Arbor 
Transportation Authority for $1,500,000 for fiscal year 1992 from 
funds made available under section 3(k)(l)(C) of the Federal Transit 
Act for the purchase of equipment and software for advanced fare 
collection technology. 
(mm) BAY AREA RAPID TRANSIT DISTRICT PARKING.—Not later 
than April 30, 1992, the Secretary shall negotiate and enter into a 
multiyear grant agreement with the San Francisco Bay Area Rapid 
Transit District which includes, from funds made available under 
section 3(k)(l)(C) of the Federal Transit Act, $12,600,000 for construc-
tion of a parking area for the planned East Dublin/Pleasanton 
BART station. 
Maryland. 
(nn) 
BALTIMORE-WASHINGTON 
TRANSPORTATION IMPROVEMENTS 
PROGRAM.—The Secretary shall carry out the Baltimore-Washing-
ton Transportation Improvements Program as follows: 
(1) BALTIMORE-CENTRAL LIGHT RAIL EXTENSION.—By entering 
into a full funding grant agreement with the Mass Transit 
Administration of the Maryland Department of Transportation 
to carry out construction of locally preferred alternatives for 
the Hunt Valley, Baltimore-Washington International Airport 
and Penn Station extensions to the light rail line in Baltimore, 
Maryland. The grant agreement under this paragraph shall 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2135 
provide that the Federal share shall be paid from amounts 
provided under section 3(k)(l)(B) of the Federal Transit Act as 
follows: 
(A) Not less than $30,000,000 for fiscal year 1993. 
(B) Not less than $30,000,000 for fiscal year 1994. 
(2) MARC EXTENSIONS.—By entering into a full funding grant 
agreement with the Mass Transit Administration of the Mary-
land Department of Transportation for service extensions and 
other improvements, including extensions of the MARC com-
muter rail system to Frederick and Waldorf, planning and 
engineering, purchase of rolling stock and station improve-
ments and expansions. The grant agreement under this para-
graph shall be paid from amounts provided under section 
3(k)(l)(B) of the Federal Transit Act as follows: 
(A) Not less than $60,000,000 for fiscal year 1993. 
(B) Not less than $50,000,000 for fiscal year 1994. 
(C) Not less than $50,000,000 for fiscal year 1995. 
(3) LARGO EXTENSION.—By entering into a full funding grant 
agreement with the State of Maryland or its designee to provide 
alternative analysis, the preparation of an environmental 
impact statement and preliminary engineering for a proposed 
rail transit project to be located in the corridor between the 
Washington Metropolitan Area Transit Authority Addison 
Road rail station and Largo, Maryland. The grant agreement 
under this paragraph shall provide that the Federal share shall 
be paid from amounts provided under section 3(k)(l)(B) of the 
Federal Transit Act in an amount not less than $5,000,000 for 
fiscal year 1993. 
(oo) MILWAUKEE EAST-WEST CORRIDOR PROJECT.—The Secretary Wisconsin, 
shall negotiate and sign a multiyear grant agreement with the State 
of Wisconsin which includes $200,000,000 from funds made available 
under section 3(k)(l)(B) of the Federal Transit Act to carry out the 
construction of the initial segment of the locally preferred alter-
native £is identified in the alternatives analysis of the Milwaukee 
East-West Corridor Project. 
(pp) 
BOSTON TO PORTLAND TRANSPORTATION CORRIDOR.—If 
the 
State of Maine or an agency thereof decides to initiate commuter 
rail service in the Boston to Portland transportation corridor, 
$30,000,000 under section 3(k)(lXB) is authorized to be appropriated 
for capital improvements to allow such service. 
(qq) NORTHEAST PHILADELPHIA COMMUTER RAIL STUDY.—No later Pennsylvania, 
than April 30, 1992, the Secretary shall negotiate and sign a 
multiyear grant agreement with the Southeastern Pennsylvania 
Transportation Authority, which includes $400,000 from funds made 
available to the Philadelphia urbanized area under section 3(k)(l)(B) 
of the Federal Transit Act to provide for a study of the feasibility of 
instituting commuter rail service as an alternative to automobile 
travel to Center City Philadelphia on 1-95. 
(rr) ATLANTA COMMUTER RAIL STUDY.—No later than April 30, 
1992, the Secretary shall negotiate and sign a multiyear grant 
agreement with the Atlanta Regional Commission which includes, 
from funds made available to the Atlanta urbanized area under 
section 3(k)(l)(B) of the Federal Transit Act, $100,000 to study the 
feasibility of instituting commuter rail service in the Greensboro 
corridor. 
(ss) PITTSBURGH LIGHT RAIL REHABIUTATION PROJECT.—No later Pennsylvania, 
than 90 days after the date of the enactment of this Act, the 
105 STAT. 2136 
PUBLIC LAW 102-240—DEC. 18, 1991 
Georgia. 
California. 
Pennsylvania. 
Ohio. 
Secretary shall negotiate and sign a multiyear grant agreement 
with the Port Authority of Allegheny County which includes 
$5,000,000 from funds made available to the Pittsburgh urbanized 
area under section 3(k)(l)(B) of the Federal Transit Act to complete 
preliminary engineering for Stage II LRT rehabilitation in Alle-
gheny County, Pennsylvania. 
(tt) ATLANTA NORTH LINE EXTENSION.—No later than April 30, 
1992, the Secretary shall negotiate and sign a multiyear grant 
agreement with the Metropolitan Atlanta Rapid Transit Authority 
which includes $329,000,000 from funds made available under sec-
tion 3(k)(l)(B) of the Federal Transit Act to carry out the construc-
tion of the locally preferred alternative for a 3.1 mile extension of 
the North Line of the heavy rail rapid transit system in Atlanta, 
Georgia. 
(uu) 
HOUSTON PRIORITY CORRIDOR FIXED GUIDEWAY PROJECT.— 
Provided that a locally preferred alternative for the Priority Cor-
ridor fixed guideway project has been selected by March 1, 1992, no 
later than April 30, 1992, the Secretary shall negotiate and sign a 
multiyear grant agreement with the Metropolitan Transit Author-
ity of Harris County which includes $500,000,000 from funds made 
available under section 3(k)(l)(B) of the Federal Transit Act to carry 
out the construction of such locally preferred alternative. 
(w) JACKSONVILLE AUTOMATED SKYWAY EXPRESS EXTENSION.—No 
later than April 30, 1992, the Secretary shall negotiate and sign a 
multiyear grant agreement with the Jacksonville Transportation 
Authority which includes $71.2 million from funds made available 
under section 3(k)(l)(B) of the Federal Transit Act to carry out the 
construction of the locally preferred alternative for a 1.8 mile 
extension to the Automated Skjrway Express starter line. 
(ww) HONOLULU RAPID TRANSIT PROJECT.—No later than April 30, 
1992, the Secretary shall negotiate and sign a multiyear grant 
agreement with the City and County of Honolulu which includes 
$618,000,000 from funds made available under section 3(k)(l)(B) of 
the Federal Transit Act to carry out the construction of the locally 
preferred alternative of a 17.3 mile fixed guideway system. 
(xx) SACRAMENTO LIGHT RAIL PROJECT.—No later than April 30, 
1992, the Secretary shall negotiate and sign a multiyear grant 
agreement with the Sacramento Regional Transit District which 
includes, from funds made available under section 3(k)(l)(B) of the 
Federal Transit Act, $26,000,000 to provide for the completion of 
alternatives analysis, preliminary engineering, and final design on 
proposed extensions to the light rail system in Sacramento, Califor-
nia. 
(3^) PHILADELPHIA CROSS-COUNTY METRO RAIL PROJECT.—No later 
than April 30, 1992, the Secretary shall negotiate and sign a 
multiyear grant agreement with the Southeastern Pennsylvania 
Transportation Authority which includes, from funds made avail-
able under section 3(k)(lXB) of the Federal Transit Act, $2,400,000 to 
provide for the completion of alternatives analysis and preliminary 
engineering for the Philadelphia Cross-County Metro Rail Project. 
(zz) CLEVELAND BLUE LINE LIGHT RAIL EXTENSION.—No later than 
April 30, 1992, the Secretary shall negotiate and sign a multiyear 
grant agreement with the Greater Cleveland Regional Transit 
Authority which includes, from funds made available under section 
3(k)(l)(B) of the Federal Transit Act, $1,200,000 to provide for the 
completion of alternatives analysis Eind preliminary engineering for 
an extension of the Blue Line to Highland Hills, Ohio. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2137 
(aaa) DULLES CORRIDOR RAIL PROJECT.—No later than April 30, Virginia. 
1992, the Secretary shall negotiate and sign a multiyear grant 
agreement with the State of Virginia, or its assignee, which in-
cludes, from funds made available under section 3(k)(l)(B) of the 
Federal Transit Act, $6,000,000 to provide for the completion of 
alternatives analysis and preliminary engineering for a rail corridor 
from the West Falls Church Washington Metropolitan Area Transit 
Authority rail station to Dulles International Airport. 
03bb) PuGET SOUND CORE RAPID TRANSIT PROJECT.—Not later than Washington. 
April 30, 1992, the Secretary shall negotiate and sign a multiyear 
grant agreement with the municipality of metropolitan Seattle, 
Washington, which includes, from funds made available under sec-
tion 3(k)(l)(B) of the Federal Transit Act, $300,000,000 for the Puget 
Sound Core Rapid Transit Project. 
(ccc) SEATTLE-TACOMA COMMUTER RAIL.—Not later than April 30, Washington. 
1992, the Secretary shall negotiate and sign a multiyear grant 
agreement with the municipality of metropolitan Seattle, Washing-
ton, which includes, from funds made available under section 
3(k)(l)(B) of the Federal Transit Act, $25,000,000 for the Seattle-
Tacoma Commuter Rail Project. 
(ddd) ALTOONA PEDESTRIAN CROSSOVER.—Not later than April 30, Pennsylvania. 
1992, the Secretary shall negotiate and sign a multiyear grant 
agreement with the city of Altoona, Pennsylvania, which includes, 
from funds made available under section 3(k)(l)(B) of the Federal 
Transit Act, $3,200,000 for construction of the 14th Street Pedes-
trian Crossover in Altoona, Pennsylvania. 
(eee) MULTI-MODAL TRANSIT PARKWAY.—Not later than April 30, California. 
1992, the Secretary shall negotiate and enter into a multiyear grant 
agreement with the State of California which includes, from funds 
made available under section 3(k)(l)(B) of the Federal Transit Act, 
$15,000,000 for construction of a multi-modal transit parkway in 
western Los Angeles, California. 
(fff) CANAL STREET CORRIDOR LIGHT RAIL, NEW ORLEANS, LOUISI-
ANA.—No later than April 30, 1992, the Secretary shall negotiate 
and sign a grant agreement with the city of New Orleans, Louisiana, 
which includes, from funds made available under section 3(k)(l)(B) of 
the Federal Transit Act, $4,800,000 to provide for the completion of 
alternatives analysis, preliminary engineering, and an environ-
mental impact statement for the Canal Street Corridor Light Rail 
System in New Orleans, Louisiana. 
SEC. 
3
0
3
6
. 
UNOBLIGATED 
M 
ACCOUNT 
BALANCES. 
Notwithstanding any other provision of law, any obligated M 
account balances remaining available for expenditure as of 
August 1, 1991, under "Urban Discretionary Grants" and "Inter-
state Transfer Grants-Transit" of the Federal Transit Administra-
tion program shall be exempt from the application of the provisions 
of section 1405 (b)(4) and (b)(6) of Public Law 101-510 and section 
1552 of title 31, United States Code, and shall be available until 
expended. 
SEC. 3037. TECHNICAL ACCOUNTING PROVISIONS. 
Notwithstanding any other provision of law, any funds appro-
priated before October 1, 1983, under section 6, 10, 11, or 18 of the 
Act, or section 103(eX4) of title 23, United States Code, in effect on 
September 30, 1991, that remain available for expenditure after 
105 STAT. 2138 
PUBLIC LAW 102-240—DEC. 18, 1991 
October 1, 1991, may be transferred to and administered under the 
most recent appropriation heading for any such section. 
SEC. 3038. REDUCTION IN AUTHORIZATIONS FOR BUDGET COMPLIANCE. 
If the total amount authorized by this Act (including amendments 
made by this Act) out of the Mass Transit Account of the Highway 
Trust Fund exceeds $1,900,000,000 for fiscal year 1992, or exceeds 
$13,800,000,000 for fiscal years 1992 through 1996, then each amount 
so authorized shall be reduced proportionately so that the total 
equals $1,900,000,000 for fiscal year 1992, or equals $13,800,000,000 
for fiscal years 1992 through 1996, as the case may be. 
New Jersey. 
SEC. 3039. PETROLEUM VIOLATION ESCROW ACCOUNT FUNDS. 
Notwithstanding any other provision of law, the Federal Transit 
Administration shall allow petroleum violation escrow account 
funds spent by the New Jersey Transit Corporation on transit 
improvements to be applied as credit towards the non-Federal 
match for any transit project funded under the Federal Transit Act. 
The New Jersey Transit Corporation shall demonstrate that the use 
of such a credit does not result in the reduction in non-Federal 
funding for transit projects within the fiscal year in which the credit 
is applied. 
49 use app. 
SEC. 3040. CHARTER SERVICES DEMONSTRATION PROGRAM. 
Regulations. 
(a) ESTABLISHMENT.—Notwithstanding any provision of law, the 
Secretary shall implement regulations, not later than 9 months 
after the date of the enactment of this Act, in not more than 4 States 
to permit transit operators to provide charter services for the pur-
poses of meeting the transit needs of government, civic, charitable, 
and other community activities which otherwise would not be served 
in a cost effective and efficient manner. 
(h) CONSULTATION.—In developing such regulations, the Secretary 
shall consult with a board that is equally represented by public 
transit operators and privately owned charter services. 
(c) REPORT.—Not later than 3 years after the date of the enact-
ment of this Act, the Secretary shall transmit to Congress a report 
containing an evaluation of the effectiveness of the demonstration 
program regulations established under this section and make rec-
ommendations to improve current charter service regulations. 
49 use app. 
SEC. 3041. GAO REPORT ON CHARTER SERVICE REGULATIONS. 
The Comptroller General shall submit to the Congress, not later 
than 12 months after the date of the enactment of this Act, a report 
evaluating the impact of existing charter service regulations. The 
report shall— 
(1) assess the extent to which the regulations promote or 
impede the ability of communities to meet the transportation 
needs of government, civic, and charitable organizations in a 
cost-effective and efficient manner; 
(2) assess the extent to which the regulations promote or 
impede the ability of communities to carry out economic devel-
opment activities in a cost-effective and efficient manner; 
(3) analyze the extent to which public transit operators and 
private charter carriers have entered into charter service agree-
inents pursuant to the regulations; and 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2139 
(4) analyze the extent to which such agreements enable pri-
vate carriers to profit from the provision of charter service by 
public transit operators using federally subsidized vehicles. 
The report shall also include an assessment of the factors specified 
in the preceding sentence within the context of not less than 3 
communities selected by the Comptroller General. 
SEC. 3042.1993 WORLD UNIVERSITY GAMES. 
Notwithstanding any other provision of law, before apportion-
ment under section 9 of the Federal Transit Act of funds provided 
under section 21(aXl) of such Act for fiscal year 1993, $4,000,000 of 
such funds shall be made available to the State of New York or to 
any public body to which the State further delegates authority, as 
the designated recipient for the purposes of this section, to carry out 
projects by contracts with private or public service providers to meet 
the transportation needs associated with the staging of the 1993 
World University Games in the State of New York. Such funds shall 
be available for any purpose eligible under section 9 of such Act 
without limitation. The matching requirement for operating assist-
ance under section 9(k)(l) of such Act shall not apply to funds made 
available under this section. 
SEC. 3043. OPERATING ASSISTANCE LIMITATION FOR STATEN ISLAND 
FERRY. 
The limitation of operating assistance which, but for this section, 
would apply to the Staten Island Ferry for fiscal year 1993 under 
section 9(k)(2XA) of the Federal Transit Act shall be increased by 
$2,700,000. 
SEC. 3044. FORGIVENESS OF CERTAIN OUTSTANDING OBLIGATIONS. 
North Carolina. 
Notwithstanding the fifth sentence of section 4(a) of the Federal 
Transit Act, the outstanding balance on grant agreement number 
NC-05-0021 made to the Fayetteville Transit Authority, North 
Carolina is forgiven. 
SEC. 3045. FORGIVENESS OF LOAN REPAYMENT. 
Notwithstanding any other provision of law (including any regula-
tion), the outstanding balances on the following loan agreements do 
not have to be repaid: 
(1) Loan agreement number PA-03-9002 made to the South-
eastern Pennsylvania Transit Authority. 
(2) Loan agreement number PA-03-9003 made to the South-
eastern Pennsylvania Transit Authority. 
SEC. 3046. MODIFIED BUS SERVICE TO ACCOMMODATE THE NEEDS OF New York. 
STUDENTS. 
Nothing in the Federal Transit Act, including the regulations 
issued to carry out such Act, shall be construed to prohibit the use of 
buses acquired or operated with Federal assistance under such Act 
to provide tripper bus service in New York City, New York, to 
accommodate the needs of students, if such buses carry normal 
designations and clear markings that such buses are open to the 
general public. For the purposes of this section, the term "tripper 
bus service" shall have the meaning such term has on the date of 
the enactment of this Act in regulations issued pursuant to the 
Federal Transit Act and shall include the service provided by ex-
press buses operating along regular routes and as indicated in 
published route schedules. 
105 STAT. 2140 
PUBLIC LAW 102-240—DEC. 18, 1991 
49 use app. 
1604 note. 
Motor Carrier 
Act of 1991. 
Inter-
governmental 
relations. 
49 use app. 
2301 note. 
SEC. 3047. ELIGIBILITY DETERMINATIONS FOR DISABILITY. 
(a) STUDY.—The Secretary shall conduct a study of procedures for 
determining disability for the purpose of obtaining off peak reduced 
fares under section 5(m) of the Federal Transit Act. The study 
should review different requirements, degree of uniformity, and 
degree of reciprocity between transit systems. 
(b) REPORT.—Not later than 2 years after the date of the enact-
ment of this Act, the Secretary shall report to Congress on the 
results of the study conducted under this section. 
SEC. 3048. MILWAUKEE ALTERNATIVES ANALYSIS APPROVAL. 
No later than January 15, 1992, the Secretary shall enter into an 
agreement with the Wisconsin Department of Transportation giving 
approval to undertake an alternatives analysis for the East-West 
Central Milwaukee Corridor. The alternatives analysis shall be 
funded entirely from non-Federal sources. 
TITLE IV—MOTOR CARRIER ACT OF 1991 
SEC. 4001. SHORT TITLE. 
This title may be cited as the "Motor Carrier Act of 1991". 
SEC. 4002. MOTOR CARRIER SAFETY GRANT PROGRAM AMENDMENTS. 
(a) CONTENTS OF STATE PLANS.—Section 402(b)(1) of the Surface 
Transportation Assistance Act of 1982 (49 U.S.C. App. 2302(b)(1)) is 
amended— 
(1) by striking subparagraph (D) and inserting the following 
new subparagraph: 
"(D) provides a right of entry and inspection to carry out 
the plan and provides that the State will grant maximum 
reciprocity for inspections conducted pursuant to the North 
American Inspection Standard, through the use of a nation-
ally accepted system allowing ready identification of pre-
viously inspected commercial motor vehicles;"; 
(2) by striking "and" at the end of subparagraph (F); 
(3) by striking the period of subparagraph (G) and inserting a 
semicolon; and 
(4) by adding at the end the following new subparagraphs: 
"(H) ensures that activities described in paragraphs (1), 
(2), and (3) of subsection (e) if funded with grants under this 
section will not diminish the effectiveness of development 
and implementation of commercial motor vehicle safety 
programs described in subsection (a); 
"(I) ensures that fines imposed and collected by the State 
for violations of commercial motor vehicle safety regula-
tions will be reasonable and appropriate and provides that, 
to the maximum extent practicable, the State will seek to 
implement into law and practice the recommended fine 
schedule published by the Commercial Vehicle Safety 
Alliance; 
"(J) ensures that such State agency will coordinate the 
plan prepared under this section with the State highway 
safety plan under section 402 of title 23, United States Code; 
"(K) ensures participation by the 48 contiguous States in 
SAFETYNET by January 1,1994; 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2141 
"(L) gives satisfactory assurances that the State will 
undertake efforts that will emphasize and improve enforce-
ment of State and local traffic safety laws and regulations 
pertaining to commercial motor vehicle safety; 
"(M) gives satisfactory assurances that the State will 
promote activities— 
"(i) to remove impaired commercial motor vehicle 
drivers from our Nation's highways through adequate 
enforcement of regulations on the use of alcohol and 
controlled substances and by ensuring ready roadside 
access to alcohol detection and measuring equipment; 
- 
"(ii) to provide an appropriate level of training to its 
motor carrier safety assistance program officers and 
employees on the recognition of drivers impaired by 
alcohol or controlled substances; 
I, 
"(iii) to promote enforcement of the requirements 
relating to the licensing of commercial motor vehicle 
drivers, especially including the checking of the status 
of commercial drivers' licenses; and 
"(iv) to improve enforcement of hazardous materials 
transportation regulations by encouraging more inspec-
tions of shipper facilities affecting highway transpor-
tation and more comprehensive inspections of the loads 
of commercial motor vehicles transporting hazardous 
materials; and 
"(N) give satisfactory assurance that the State will 
promote— 
"(i) effective interdiction activities affecting 
the 
transportation of controlled substances by commercial 
motor vehicle drivers and training on appropriate 
strategies for carrying out such interdiction activities; 
and 
"(ii) effective use of trained and qualified officers and 
employees of political subdivisions and local govern-
ments, under the supervision and direction of the State 
motor vehicle safety agency, in the enforcement of 
regulations affecting commercial motor vehicle safety 
and hazardous materials transportation safety.". 
(b) MAINTENANCE OF EFFORT.—Section 402(d) of such Act is 49 use app. 
amended- 
2302. 
(1) by inserting "and for enforcement of commercial motor 
vehicle size and weight limitations, for drug interdiction, and 
for enforcement of State traffic safety laws and regulations 
described in subsection (e)" after "programs"; 
(2) by striking "two" and inserting '^3"; 
(3) by striking "this section" the second place it appears and 
inserting "the Intermodal Surface Transportation Efficiency 
Act of 1991"; and 
(4) by adding at the end the following new sentence: "In 
estimating such average level, the Secretary may allow the 
State to exclude State expenditures for federally sponsored 
demonstration or pilot programs and shall require the State to 
exclude Federal funds and State matching funds used to receive 
Federal funding under this section.". 
(c) USE OF GRANT FUNDS FOR ENFORCEMENT OF CERTAIN OTHER 
LAWS.—Section 402 of such Act is amended by adding at the end the 
following new subsection: 
105 STAT. 2142 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(e) USE OF GRANT FUNDS FOR ENFORCEMENT OF CERTAIN OTHER 
LAWS.—A State may use funds received under a grant under this 
section— 
"(1) for enforcement of commercial motor vehicle size and 
weight limitations at locations other than fixed weight facilities, 
at specific geographical locations (such as steep grades or 
mountainous terrains) where the weight of a commercial motor 
vehicle can significantly affect the safe operation of such ve-
hicle, or at seaports where intermodal shipping containers enter 
and exit the United States; 
"(2) for detecting the unlawful presence of a controlled sub-
stance (as defined under section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)) in a commercial motor vehicle or on 
the person of any occupant (including the operator) of such a 
vehicle; and 
"(3) for enforcement of State traffic laws and regulations 
designed to promote safe operation of commercial motor 
vehicles; 
if such activities are carried out in conjunction with an appropriate 
type of inspection of the commercial motor vehicle for enforcement 
of Federal or State commercial motor vehicle safety regulations.". 
(d) FEDERAL SHARE.—Section 403 of such Act (49 U.S.C. App. 2303) 
is amended by inserting after the first sentence the following new 
sentence: "In determining such costs incurred by the State, the 
Secretary shall include in-kind contributions by the State.". 
(e) AUTHORIZATION OF APPROPRIATIONS.—Section 404 of such Act 
(49 U.S.C. App. 2304) is amended— 
(1) in subsection (a)(2) by striking "and" before "$60,000,000" 
and inserting a comma; and 
(2) by striking the period at the end of subsection (a)(2) and 
inserting ", $65,000,000 for fiscal year 1992, $76,000,000 for fiscal 
year 1993, $80,000,000 for fiscal year 1994, $83,000,000 for fiscal 
year 1995, $85,000,000 for fiscal year 1996, and $90,000,000 for 
fiscal year 1997.". 
(f) AVAILABIUTY, RELEASE, AND REALLOCATION OF FUNDS.—Section 
404(c) of such Act is amended to read as follows: 
"(c) AVAILABILITY, RELEASE, AND REALLOCATION OF FUNDS.—Funds 
made available by this section shall remain available for obligation 
by the Secretary until expended. Allocations to a State shall remain 
available for expenditure in that State for the fiscal year in which 
they are allocated and 1 succeeding fiscal year. Funds not expended 
by a State during those 2 fiscal years shall be released to the 
Secretary for reallocation. Funds made available under this part 
which, £is of October 1,1992, were not obligated shall be available for 
reallocation and obligation under this subsection.". 
(g) ALLOCATIONS.—Section 404(f) of such Act is amended to read as 
follows: 
"(f) ADMINISTRATIVE EXPENSES; ALLOCATION CRITERIA.— 
"(1) DEDUCTION FOR ADMINISTRATIVE EXPENSES.—On October 1 
of each fiscal year, or as soon thereafter as is practicable, the 
Secretary may deduct, for administration of this section for that 
fiscal year, not to exceed 1.25 percent of the funds made avail-
able for that fiscal year by subsection (a)(2). At least 75 percent 
of the funds so deducted for administration shall be used for the 
training of non-Federal employees, and the development of 
related training materials, to carry out the purposes of section 
402. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2143 
"(2) ALLOCATION CRITERIA.—On October 1 of each fiscal year, 
or as soon thereafter as is practicable, the Secretary, after 
making the deduction authorized by paragraph (1), shall allo-
cate, among the States with plans approved under section 402, 
the available funds for that fiscal year, pursuant to criteria 
established by the Secretary; except that the Secretary, in 
allocating funds available for research, development, and dem-
onstration under subsection (gX5) and for public education 
under subsection (gX6), may designate specific eligible States 
among which to allocate such funds.", 
(h) FUNDING FOR SPECIFIED PROGRAMS.—Section 404 of such Act is 
further amended by adding at the end of such section the following 
new subsection: 
"(g) FUNDING FOR SPECIFIED PROGRAMS.— 
"(1) TRAINING OF HAZMAT INSPECTORS.—The Secretary shall 
obligate from funds made available by subsection (a)(2) for each 
fiscal year beginning after September 30, 1992, not less than 
$1,500,000 to make grants to States for training inspectors for 
enforcement of regulations which are issued by the Secretary 
and pertain to transportation by commercial motor vehicle of 
hazardous materials. 
"(2) 
COMMERCIAL 
MOTOR 
VEHICLE 
INFORMATION 
SYSTEM 
REVIEW.—The Secretary may obligate from funds made avail-
able by subsection (a)(2) for each of fiscal years 1992, 1993, 1994, 
1995, 1996, and 1997 not to exceed $2,000,000 to carry out 
section 407 of this title, relating to the commercial motor 
vehicle information system. 
"(3) TRUCK AND BUS ACCIDENT DATA GRANT PROGRAM.—The 
Secretary may obligate from funds made available by subsection 
(a)(2) for each of fiscal years 1993, 1994, 1995, 1996, and 1997 not 
to exceed $2,000,000 to carry out section 408 of this title, relat-
ing to the truck and bus accident data grant program. 
"(4) ENFORCEMENT.— 
"(A) 
TRAFFIC ENFORCEMENT ACTIVITIES.—The Secretary 
shall obligate from funds made available by subsection 
(a)(2) for each of fiscal years 1993, 1994, and 1995 not less 
than $4,250,000 and for each of fiscal years 1996 and 1997 
not less than $5,000,000 for traffic enforcement activities 
with respect to commercial motor vehicle drivers which are 
carried out in conjunction with an appropriate inspection of 
a commercial motor vehicle for compliance with Federal or 
State commercial motor vehicle safety regulations. 
"(B) LICENSING REQUIREMENTS.—The Secretary shall obli-
gate from the funds made available by subsection (a)(2) not 
less than $1,000,000 for each of fiscal years 1993, 1994, and 
1995 to increase enforcement of the licensing requirements 
of the Commercial Motor Vehicle Safety Act of 1986 (49 
U.S.C. 2701 App. et seq.) by motor carrier safety assistance 
program officers and employees, including the cost of 
purchasing equipment for and conducting inspections to 
check the current status of licenses issued pursuant to such 
Act. 
"(5) RESEARCH AND DEVELOPMENT.—The Secretary shall obli-
f
ate from funds made available by subsection (a)(2) not less than 
500,000 for any fiscal year for research, development, and 
demonstration of technologies, methodologies, analyses, or 
information systems designed to promote the purposes of sec-
105 STAT. 2144 
PUBLIC LAW 102-240—DEC. 18, 1991 
Regulations. 
49 use app. 
2304 note. 
Regulations. 
49 use app. 
2302 note. 
tion 402 and which are beneficial to all jurisdictions. Such funds 
shall be announced publicly and awarded competitively, when-
ever practicable, to any of the eligible States for up to 100 
percent of the State costs, or to other persons as determined by 
the Secretary. 
"(6) PUBLIC EDUCATION.—The Secretary shall obligate from 
funds made available by subsection (a)(2) for any fiscal year not 
less than $350,000 to educate the motoring public on how to 
share the road safely with commercial motor vehicles. In carry-
ing out such education activities, the States shall consult with 
appropriate industry representatives.". 
(i) PAYMENTS TO STATES.—Section 404 of such Act is further 
amended by adding at the end the following new subsection: 
"(h) PAYMENTS TO STATES.—The Secretary shall make payments to 
a State of costs incurred by it under this section and section 402, as 
reflected by vouchers submitted by the State. Payments shall not 
exceed the Federal share of costs incurred as of the date of the 
vouchers.". 
(j) MOTOR CARRIER SAFETY FUNCTIONS.—There is authorized to be 
appropriated for the motor carrier safety functions of the Federal 
Highway Administration $49,317,000 for fiscal year 1992. 
(k) NEW FORMULA FOR ALLOCATION OF FUNDS.—Not later than 6 
months after the date of the enactment of this Act, the Secretary, by 
regulation, shall develop an improved formula and processes for the 
allocation among eligible States of the funds made available under 
the motor carrier safety assistance program. In conducting such a 
revision, the Secretary shall take into account ways to provide 
incentives to States that demonstrate innovative, successful, cost-
efficient, or cost-effective programs to promote commercial motor 
vehicle safety and hazardous materials transportation safety. In 
particular, the Secretary shall place special emphasis on incentives 
to States that conduct traffic safety enforcement activities that are 
coupled with motor carrier safety inspections. In improving the 
formula, the Secretary shall also take into account ways to provide 
incentives to States that increase compatibility of State commercial 
motor vehicle safety and hazardous materials transportation regula-
tions with the Federal safety regulations and promote other factors 
intended to promote effectiveness and efficiency that the Secretary 
determines appropriate. 
(1) INTRASTATE COMPATIBIUTY.—Not later than 9 months after the 
date of the enactment of this Act, the Secretary shall issue final 
regulations specifying tolerance guidelines and standards for ensur-
ing compatibility of intreistate commercial motor vehicle safety law 
and regulations with the Federal motor carrier safety regulations 
under the motor carrier safety assistance program. Such guidelines 
and standards shall, to the extent practicable, allow for maximum 
flexibility while ensuring the degree of uniformity that will not 
diminish transportation safety. In the review of State plans and the 
allocation or granting of funds under section 153 of title 23, United 
States Code, as added by this Act, the Secretary shall ensure that 
such guidelines and standards are applied uniformly. 
SEC. 4003. COMMERCIAL MOTOR VEHICLE INFORMATION SYSTEM. 
Part A of title IV of the Surface Transportation Assistance Act of 
1982 (49 U.S.C. App. 2301-2305) is amended by adding at the end the 
following new section: 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2145 
"SEC. 407. COMMERCIAL VEHICLE INFORMATION SYSTEM PROGRAM. 
49 USC app. 
"(a) INFORMATION SYSTEM.— 
"(1) REGISTRATION SYSTEMS REVIEW.—Not later than 1 year 
after the effective date of this section, the Secretary, in coopera-
tion with the States, shall conduct a review of State motor 
vehicle registration systems pertaining to license tags for 
commercial motor vehicles in order to determine whether or not 
such systems could be utilized in carrying out this section. 
"(2) ESTABLISHMENT.—The Secretary, in cooperation with the 
States, may establish, as part of the motor carrier safety 
information network system of the Department of Transpor-
tation and similar State systems, an information system which 
will serve as a clearinghouse and depository of information 
pertaining to State registration and licensing of commercial 
motor vehicles and the safety fitness of the registrants of such 
vehicles. 
' 
"(3) OPERATION.—Operation of the information system estab-
lished under paragraph (2) shall be paid for by a system of user 
fees. The Secretary may authorize the operation of the informa-
tion system by contract, through an agreement with, a State or 
States, or by designating, after consultation with the States, a 
third party which represents the interests of the States. 
"(4) DATA COLLECTION AND REPORTING STANDARDS.—The Sec-
retary shall establish standards to ensure uniform data collec- 
' 
tion and reporting by all States necessary to carry out this 
section and to ensure the availability and reliability of the 
information to the States and the Secretary from the informa-
tion system established under paragraph (2). 
"(5) TYPE OF INFORMATION.—As part of the information 
system established under paragraph (2), the Secretary shall 
include information on the safety fitness of the registrant of the 
commercial motor vehicle and such other information as the 
Secretary considers appropriate, including data on vehicle 
inspections and out-of-service orders. 
"(b) DEMONSTRATION PROJECT.—The Secretary shall make grants Grants, 
to States to carry out a project to demonstrate methods of establish-
ing an information system which will link the motor carrier safety 
information network system of the Department of Transportation 
and similar State systems with the motor vehicle registration and 
licensing systems of the States. The purposes of the project shall 
be— 
"(1) to allow a State when issuing license plates for a commer-
cial motor vehicle to determine through use of the information 
system the safety fitness of the person seeking to register the 
vehicle; and 
"(2) to determine the types of sanctions which may be imposed 
, 
on the registrant, or the types of conditions or limitations which 
may be imposed on the operations of the registrant, to ensure 
the safety fitness of the registrant. 
"(c) REGULATIONS.—The Secretary shall issue such regulations as 
may be necessary to carry out this section. 
"(d) REPORT.—Not later than January 1, 1995, the Secretary shall 
prepare and submit to Congress a report assessing the cost and 
benefits and feasibility of the information system established under 
this section and, if the Secretary determines that such system would 
105 STAT. 2146 
PUBLIC LAW 102-240—DEC. 18, 1991 
be beneficial on a nationwide basis, including recommendations on 
legislation for the nationwide implementation of such system. 
"(e) FUNDING.—Funds necessary to carry out this section may be 
made available by the Secretary as provided in section 404(g)(2) of 
this title. 
"(f) COMMERCIAL MOTOR VEHICLE DEFINED.—For purposes of this 
section, the term 'commercial motor vehicle' means any self-pro-
pelled or towed vehicle used on highways in intrastate or interstate 
commerce to transport passengers or property— 
"(1) if such vehicle has a gross vehicle weight rating of 10,001 
or more pounds; 
"(2) if such vehicle is designed to transport more than 15 
passengers, including the driver; or 
"(3) if such vehicle is used in the transportation of materials 
found by the Secretary to be hazardous for the purposes of the 
Hazardous Materials Transportation Act (49 U.S.C. App. 1801 et 
seq.) and are transported in a quantity requiring placarding 
under regulations issued by the Secretary under such Act. . 
SEC. 4004. TRUCK AND BUS ACCIDENT DATA GRANT PROGRAM. 
Part A of title IV of the Surface Transportation Assistance Act of 
1982 (49 U.S.C. App. 2301-2305) is further amended by adding at the 
end the following new section: 
4
9 
use 
a
p
p
. 
"SEC. 
4
0
8
. 
TRUCK 
AND 
BUS 
ACCIDENT 
DATA 
GRANT 
PROGRAM. 
2307 
"(a) GENERAL AUTHORITY.—The Secretary shall make grants to 
States which agree to adopt or have adopted the recommendations 
of the National Governors' Association with respect to police ac-
cident reports for truck and bus accidents. 
"(b) GRANT PURPOSES.—Grants may only be made under this 
section for assisting States in the implementation of the rec-
ommendations referred to in subsection (a), including— 
"(1) assisting States in designing appropriate forms; 
"(2) drafting instruction manuals; 
"(3) training appropriate State and local officers, including 
training on accident investigation techniques to determine the 
probable cause of accidents; 
"(4) analyzing and evaluating safety data so as to develop, if 
necessary, recommended changes to existing safety programs 
that more effectively would address the causes of truck and bus 
accidents; and 
"(5) such other activities as the Secretary determines are 
appropriate to carry out the objectives of this section. 
"(c) COORDINATION.—The Secretary shall coordinate grants made 
under this section with the highway safety programs being carried 
out under section 402 of title 23, United States Code, and may 
require that the data from the reports described in subsection (a) be 
included in the reports made to the Secretary under the uniform 
data collection and reporting program carried out under such 
section. 
"(d) FUNDING.—Funds necessary to carry out this section may be 
made available by the Secretary as provided in section 404(gX3) of 
this title.". 
SEC. 4005. SINGLE STATE REGISTRATION SYSTEM. 
Section 11506 of title 49, United States Code, is amended to read 
as follows: 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2147 
"§ 11506. Registration of motor carriers by a State 
"(a) DEFINITIONS.—In this section, the terms 'standards' and 
'amendments to standards' mean the specification of forms and 
procedures required by regulations of the Interstate Commerce 
Commission to prove the lawfulness of transportation by motor 
carrier referred to in section 10521(a) (1) and (2) of this title. 
"(b) GENERAL RULE.—The requirement of a State that a motor 
carrier, providing transportation subject to the jurisdiction of the 
Commission under subchapter II of chapter 105 of this title and 
providing transportation in that State, register the certificate or 
permit issued to the carrier under section 10922 or 10923 of this title 
is not an unreasonable burden on transportation referred to in 
section 10521(a) (1) and (2) of this title when the registration is 
completed under standards of the Commission under subsection (c) 
of this section. When a State registration requirement imposes 
obligations in excess of the standards, the part in excess is an 
unreasonable burden. 
"(c) SINGLE STATE REGISTRATION SYSTEM.— 
"(1) IN GENERAL.—Not later than 18 months after the date of 
the enactment of the Intermodal Surface Transportation Effi-
ciency Act of 1991, the Commission shall prescribe amendments 
to the standards existing as of such date of enactment. Such 
amendments shall implement a system under which— 
"(A) a motor carrier is required to register annually with 
only one State; 
"(B) the State of registration shall fully comply with 
standards prescribed under this section; and 
"(C) such single State registration shall be deemed to 
satisfy the registration requirements of all other States. 
"(2) SPECIFIC REQUIREMENTS.— 
"(A) EVIDENCE OF CERTIFICATE; PROOF OF INSURANCE; PAY-
MENT OF FEES.—Under the amended standards implement-
ing the single State registration system described in para-
graph (1) of this subsection, only a State acting in its 
capacity as registration State under such single State 
system may require a motor carrier holding a certificate or 
permit issued under this subtitle— 
"(i) to file and maintain evidence of such certificate 
or permit; 
"(ii) to file satisfactory proof of required insurance or 
qualification as a self-insurer; 
"(iii) to pay directly to such State fee amounts in 
accordance with the fee system established under 
subparagraph (B)(iv) of this paragraph, subject to 
allocation of fee revenues among all States in which 
the carrier operates and which participate in the single 
State registration system; and 
"(iv) to file the name of a local agent for service of 
process. 
"(B) RECEIPTS; FEE SYSTEM.—Such amended standards— 
"(i) shall require that the registration State issue a 
receipt, in a form prescribed under the amended stand-
ards, reflecting that the carrier has filed proof of insur-
ance as provided under subparagraph (A)(ii) of this 
paragraph and has paid fee amounts in accordance 
105 STAT. 2148 
PUBLIC LAW 102-240—DEC. 18, 1991 
with the fee system established under clause (iv) of this 
subparagraph; 
"(ii) shall require that copies of the receipt issued 
under clause (i) of this subparagraph be kept in each of 
the carrier's commercial motor vehicles; 
"(iii) shall not require decals, stamps, cab cards, or 
any other means of registering or identifying specific 
vehicles operated by the carrier; 
"(iv) shall establish a fee system for the filing of proof 
of insurance as provided under subparagraph (A)(ii) of 
this paragraph that (I) will be based on the number of 
commercial motor vehicles the carrier operates in a 
State and on the number of States in which the carrier 
operates, (II) will minimize the costs of complying with 
the registration system, and (III) will result in a fee for 
each participating State that is equal to the fee, not to 
exceed $10 per vehicle, that such State collected or 
charged as of November 15,1991; and 
"(v) shall not authorize the charging or collection of 
any fee for filing and maintaining a certificate or 
permit under subparagraph (A)(i) of this paragraph. 
"(C) PROHIBITED FEES.—The charging or collection of any 
fee under this section that is not in accordance with the fee 
system established under subparagraph (B)(iv) of this para-
graph shall be deemed to be a burden on interstate com-
merce. 
"(D) 
LIMITATION ON PARTICIPATION BY STATES.—Only a 
State which, as of January 1, 1991, charged or collected a 
fee for a vehicle identification stamp or number under part 
1023 of title 49, Code of Federal Regulations, shall be 
eligible to participate as a registration State under this 
subsection or to receive any fee revenue under this sub-
section. 
"(3) EFFECTIVE DATE OF AMENDMENTS.—Amendments pre-
scribed under this subsection shall take effect by January 1, 
1994. 
"(d) INTERPRETATION AUTHORITY OF COMMISSION.—This section 
does not affect the authority of the Commission to interpret its 
regulations and certificates and permits issued under section 10922 
or 10923 of this title.". 
SEC. 4006. VEHICLE LENGTH RESTRICTION. 
(a) CARGO CARRYING UNIT LIMITATION.—Section 411 of the Surface 
Transportation Assistance Act of 1982 (49 U.S.C. App. 2311) is 
amended by adding at the end the following new subsection: 
"(j) CARGO CARRYING UNIT LIMITATION.— 
"(1) IN GENERAL.—No State shall allow by statute, regulation, 
permit, or any other means the operation on any segment of the 
National System of Interstate and Defense Highways and those 
classes of qualifying Federal-aid primary system highways as 
designated by the Secretary pursuant to subsection (e) of this 
section, of any commercial motor vehicle combination (except 
for those vehicles and loads which cannot be easily dismantled 
or divided and which have been issued special permits in accord-
ance with applicable State laws) with 2 or more cargo carrying 
units (not including the truck tractor) whose cargo carrying 
units exceed— 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2149 
"(A) the maximum combination trailer, semitrailer, or 
other type of length limitation authorized by statute or 
regulation of that State on or before June 1, 1991; or 
"(B) the length of the cargo carrying units of those 
commercial motor vehicle combinations, by specific configu-
ration, in actual, lawful operation on a regular or periodic 
basis (including continuing seasonal operation) in that 
State on or before June 1,1991. 
"(2) WYOMING, OHIO, AND ALASKA.— 
"(A) WYOMING,—In addition to those vehicles allowed 
under paragraphs (IXA) and (IXB), the State of Wyoming 
may allow the operation of additional vehicle configura-
tions not in actual operation on June 1, 1991, but au-
thorized by State law not later than November 3, 1992, if 
such vehicle configurations comply with the single axle, 
tandem axle, and bridge formula limits set forth in section 
127(a) of title 23, United States Code, and do not exceed 
117,000 pounds gross vehicle weight. 
"(B) OHIO.—In addition to vehicles which the State of 
Ohio may continue to allow to be operated under para-
graphs (1)(A) and (IXB), such State may allow commercial 
motor vehicle combinations with 3 cargo carrying units of 
28 V
2 feet each (not including the truck tractor) not in actual 
operation on June 1, 1991, to be operated within its bound-
aries on the 1-mile segment of Ohio State Route 7 which 
begins at and is south of exit 16 of the Ohio Turnpike. 
"(C) ALASKA.—In addition to vehicles which the State of 
Alaska may continue to allow to be operated under para-
graphs (IXA) and (1)(B), such State may allow operation of 
commercial motor vehicle combinations which were not in 
actual operation on June 1, 1991, but which were in actual 
operation prior to July 6,1991. 
"(3) MEASUREMENT OF LENGTH.—For purposes of this subsec-
tion, the length of the cargo carrying units of a commercial 
motor vehicle combination is the length measured from the 
> 
front of the first cargo carrying unit to the rear of the last cargo 
carrying unit. 
"(4) LIMITATIONS.—Commercial motor vehicle combinations 
whose operations in a State are not prohibited under para-
graphs (1) and (2) of this subsection may continue to operate in 
such State on the highways described in paragraph (1) only if in 
compliance with, at the minimum, all State statutes, regula-
tions, limitations, and conditions, including but not limited to 
routing-specific and configuration-specific designations and all 
other restrictions in force in such State on June 1, 1991; except 
that subject to such regulations as may be issued by the Sec-
retary, pursuant to paragraph (8) of this subsection, the State 
may make minor adjustments of a temporary and emergency 
nature to route designations and vehicle operating restrictions 
in effect on June 1, 1991, for specific safety purposes and road 
construction. Nothing in this subsection shall prevent any State 
from further restricting in any manner or prohibiting the oper-
ation of any commercial motor vehicle combination subject to 
this subsection, except that such restrictions or prohibitions 
shall be consistent with the requirements of this section and of 
section 412 and section 416 (a) and (b) of this Act. Any State Federal 
further restricting or prohibiting the operations of commercial ^S?*®f' 
105 STAT. 2150 
PUBLIC LAW 102-240—DEC. 18, 1991 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
motor vehicle combinations or making such minor adjustments 
of a temporary and emergency nature as may be allowed pursu-
ant to regulations issued by the Secretary pursuant to para-
graph (8) of this subsection shall advise the Secretary within 30 
days after such action and the Secretary shall publish a notice 
of such action in the Federal Register. 
"(5) LIST OF STATE LENGTH LIMITATIONS.— 
"(A) SUBMISSION TO SECRETARY.—Within 60 days after the 
date of the enactment of this subsection, each State shall 
submit to the Secretary for publication a complete list of 
State length limitations applicable to commercial motor 
vehicle combinations operating in each State on the high-
ways described in paragraph (1). The list shall indicate the 
applicable State statutes and regulations associated with 
such length limitations. If a State does not submit informa-
tion as required, the Secretary shall complete and file such 
information for such State. 
"(B) INTERIM UST.—Not later than 90 days after the date 
of the enactment of this subsection, the Secretary shall 
publish an interim list in the Federal Register, consisting of 
all information submitted pursuant to subparagraph (A). 
The Secretary shall review for accuracy all information 
submitted by the States pursuant to subparagraph (A) and 
shall solicit and consider public comment on the accuracy of 
all such information. 
"(C) LIMITATION.—No statute or regulation shall be in-
cluded on the list submitted by a State or published by the 
Secretary merely on the grounds that it authorized, or 
could have authorized, by permit or otherwise, the oper-
ation of commercial motor vehicle combinations not in 
actual operation on a regular or periodic basis on or before 
June 1,1991. 
"(D) 
FINAL 
UST.—Except 
as modified 
pursuant 
to 
subparagraph (B) or (E) of this subsection, the list shall be 
published as final in the Federal Register not later than 180 
days after the date of the enactment of this subsection. In 
publishing the final list, the Secretary shall make any 
revisions necessary to correct inaccuracies identified under 
subparagraph (B). After publication of the final list, 
commercial motor vehicle combinations prohibited under 
paragraph (1) may not operate on the National System of 
Interstate and Defense Highways and other Federal-aid 
primary system highways as designated by the Secretary 
except as published on the list. The list may be combined by 
the Secretary with the list required under section 127(d) of 
title 23, United States Code. 
"(E) REVIEW AND CORRECTION PROCEDURE.—The Sec-
retary, on his or her own motion or upon a request by any 
person (including a State), shall review the list issued by 
the Secretary pursuant to subparagraph (D). If the Sec-
retary determines there is cause to believe that a mistake 
was made in the accuracy of the final list, the Secretary 
shall commence a proceeding to determine whether the list 
published pursuant to subparagraph (D) should be cor-
rected. If the Secretary determines that there is a mistake 
in the accuracy of the list, the Secretary shall correct the 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2151 
publication under subparagraph (D) to reflect the deter- 
, 
mination of the Secretary. 
"(6) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing in 
this subsection shall be construed to— 
"(A) allow the operation on any segment of the National 
System of Interstate and Defense Highways of any longer 
combination vehicle prohibited under section 127(d) of title 
23, United States Code; 
"(B) affect in any way the operation of commercial motor 
vehicles having only 1 cargo carrying unit; or 
"(C) affect in any way the operation in a State of commer-
cial motor vehicles with 2 or more cargo carrying units if 
such vehicles were in actual operation on a regular or 
periodic basis (including seasonal operation) in that State 
on or before June 1, 1991, authorized under State statute, 
regulation, or lawful State permit. 
"(7) CARGO CARRYING UNIT DEFINED.—As used in this subsec-
tion, 'cargo carrying unit' means any portion of a commercial 
motor vehicle combination (other than the truck tractor) used 
for the carrying of cargo, including a trailer, semitrailer, or the 
cargo carrying section of a single unit truck. 
"(8) REGULATIONS REGARDING MINOR ADJUSTMENTS.—Not later 
than 180 days after the date of the enactment of this subsection, 
the Secretary shall issue regulations establishing criteria for 
the States to follow in making minor adjustments under para-
graph (4). 
"(9) REGULATIONS FOR DEFINING NONEASILY DISMANTLED OR 
DIVIDED LOADS.—For the purposes of this subsection only, the 
Secretary shall define by regulation loads which cannot be 
easily dismantled or divided.". 
(b) APPUCABILITY TO BUSES.— 
(1) GENERAL RULE.—Section 411(a) of such Act is amended by 49 use app. 
inserting "of less than 45 feet on the length of any bus," after 2311. 
"vehicle length limitation". 
(2) ACCESS TO POINTS OF LOADING AND UNLOADING.—Section 49 use app. 
412(a)(2) of such Act is amended by inserting ", motor carrier of 2^^2-
passengers," after "household goods carriers". 
(c) CONFORMING AMENDMENT.—Section 411(e)(1) of such Act is 
amended by striking "those Primary System highways" and insert-
ing "those highways of the Federal-aid primary system in existence 
on June 1,1991,". 
SEC. 4007. TRAINING OF DRIVERS; LONGER COMBINATION VEHICLE 49 USC app. 
REGULATIONS, STUDIES, AND TESTING. 
2302 note. 
, (a) ENTRY LEVEL.— 
(1) STUDY OF PRIVATE SECTOR.—Not later than 12 months after Reports, 
the date of the enactment of this Act, the Secretary shall report 
to Congress on the effectiveness of the efforts of the private 
sector to ensure adequate training of entry level drivers of 
commercial motor vehicles. In preparing the report, the Sec-
retary shall solicit the views of interested persons. 
(2) RULEMAKING PROCEEDING.—Not later than 12 months after 
the date of the enactment of this Act, the Secretary shall 
commence a rulemaking proceeding on the need to require 
training of all entry level drivers of commercial motor vehicles. 
Such rulemaking proceeding shall be completed not later than 
24 months after the date of such enactment. 
105 STAT. 2152 
PUBLIC LAW 102-240—DEC. 18, 1991 
Reports. 
R^^lations. 
(3) FoLLOwup STUDY.—If the Secretary determines under the 
proceeding conducted under paragraph (2) that it is not in the 
public interest to issue a rule that requires training for all entry 
level drivers, the Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the 
Committee on Public Works and Transportation of the House of 
Representatives not later than 25 months after the date of the 
enactment of this Act a report on the reasons for such decision, 
together with the results of a cost benefit analysis which the 
Secretary shall conduct with respect to such proceeding. 
(b) LCVs TRAINING REQUIREMENTS.— 
(1) INITIATION OF RULEMAKING PROCEEDING.—Not later than 60 
days after the date of the enactment of this Act, the Secretary 
shall initiate a rulemaking proceeding to establish minimum 
training requirements for operators of longer combination ve-
hicles. This training shall include certification of an operator's 
proficiency by an instructor who has met the requirements 
established by the Secretary. 
(2) FINAL RULE.—Not later than 24 months after the date of 
the enactment of this Act, the Secretary shall issue a final 
regulation establishing minimum training requirements for op-
erators of longer combination vehicles. 
(c) SAFETY CHARACTERISTICS.— 
(1) STUDY.—The Comptroller General shall conduct a study of 
the safety of longer combination vehicles for the purpose of 
comparing the safety characteristics and performance, includ-
ing engineering and design safety characteristics, of such ve-
hicles to other truck-trailer combination vehicles and for the 
purpose of reviewing the history and effectiveness of State 
safety enforcement pertaining to such vehicles for those States 
in which such vehicles are permitted to operate. Such study 
shall include an assessment of each of the following: 
(A) The adequacy of currently available data bases for the 
purpose of determining the safety of longer combination 
vehicles and recommending safety improvements. 
(B) Whether or not such States are actively monitoring 
the safety of such operations. 
(C) The best available information on the safety of such 
operations. 
(D) Enforcement actions which have been taken in such 
States to ensure the safety of such operations. 
(E) Current procedures and controls used by such States 
to ensure the safety of operation of such vehicles. 
(F) Whether or not any special inspections of equipment 
maintenance is required to improve the safety of such 
operations. 
(G) The economic and safety impact of longer combina-
tion vehicles on shared highways. 
(2) REPORT.—Not later than 2 years after the date of the 
enactment of this Act, the Comptroller General shall transmit a 
report on the results of the study conducted under paragraph (1) 
to the Committee on Environment and Public Works and the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Public Works and Transportation 
of the House of Representatives. 
(d) OPERATIONS OF LONGER COMBINATION VEHICLES.— 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2153 
(1) TESTS.—The Secretary shall conduct on the road tests with 
respect to the driver and vehicle characteristics of operations of 
longer combination vehicles for the purpose of determining 
whether or not any modifications are necessary to the Federal 
commercial motor vehicle safety standards of the Department 
of Transportation as they apply to longer combination vehicles. 
At a minimum, such tests shall examine driver fatigue and 
stress and time of operation characteristics. Such tests also 
shall examine the characteristics of longer combination ve-
hicles, including an assessment of on board computers, anti-lock 
brakes, and anti-trailer under ride systems to determine the 
potential safety effectiveness of those technologies as applied to 
such vehicles. 
(2) REPORT.—Not later than 3 years after the date of the 
enactment of this Act, the Secretary shall transmit a report on 
the results of the tests conducted under paragraph (1) to the 
Committee on Environment and Public Works and the Commit-
tee on Commerce, Science, and Transportation of the Senate 
and the Committee on Public Works and Transportation of the 
House of Representatives. 
(e) FUNDING.—There shall be available to the Secretary for carry-
ing out this section, out of the Highway Trust Fund (other than the 
Mass Transit Account), $1,000,000 per fiscal year for each of fiscal 
years 1992, 1993, and 1994. Such sums shall remain available until 
expended. 
(f) LONGER COMBINATION VEHICLE DEFINED.—For the purposes of 
this section, the term "longer combination vehicle" means any 
combination of a truck tractor and 2 or more trailers or semitrailers 
which operate on the National System of Interstate and Defense 
Highways with a gross vehicle weight greater than 80,000 pounds. 
SEC. 4008. PARTICIPATION IN INTERNATIONAL REGISTRATION PLAN AND 49 USC 11506 
INTERNATIONAL FUEL TAX AGREEMENT. 
note. 
(a) WORKING GROUP.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary shall establish a working 
group comprised of State and local government officials, including 
representatives of the National Governors' Association, the Amer-
ican Association of Motor Vehicle Administrators, the National 
Conference of State Legislatures, the Federation of Tax Administra-
tors, the Board of Directors for the International Fuel Tax Agree-
ment, and a representative of the Regional Fuel Tax Agreement, for 
the purpose of— 
(1) proposing procedures for resolving disputes among States 
participating in the International Registration Plan and among 
States participating in the International Fuel Tax Agreement 
including designation of the Department of Transportation or 
any other person for resolving such disputes; and 
(2) providing technical assistance to States participating or 
seeking to participate in the Plan or in the Agreement. 
Qo) CONSULTATION REQUIREMENT.—The working group established 
under this section shall consult with members of the motor carrier 
industry in carrying out subsection (a). 
(c) REPORTS.—Not later than 24 months after the date of the 
enactment of this Act, the working group established under this 
section shall transmit a report to the Secretary, to the Committee on 
Commerce, Science, and Transportation of the Senate, to the 
Committee on Public Works and Transportation and the Committee 
105 STAT. 2154 
PUBLIC LAW 102-240—DEC. 18, 1991 
on the Judiciary of the House of Representatives, to those States 
participating in the International Registration Plan, and to those 
States participating in the International Fuel Tax Agreement. The 
report shall contain a detailed statement of the findings and conclu-
sions of the working group, together with its joint recommendations 
concerning the matters referred to in subsection (a). After trans-
mission of such report, the working group may periodically review 
and modify the findings and conclusions and the joint recommenda-
tions as appropriate and transmit a report containing such modifica-
tions to the Secretary and such committees. 
(d) APPLICABILITY OF ADVISORY COMMITTEE ACT.—The working 
group established under this section shall not be subject to the 
Federal Advisory Committee Act. 
(e) GRANTS.— 
(1) IN GENERAL.—The Secretary may make grants to States 
and appropriate persons for the purpose of facilitating partici-
pation in the International Registration Plan and participation 
in the International Fuel Tax Agreement and for the purpose of 
administrative improvements in any other base State fuel use 
tax agreement in existence £is of January 1,1991, including such 
purposes as providing technical assistance, personnel training, 
travel costs, and technology and equipment associated with such 
participation. 
(2) CONTRACT AUTHORITY.—Notwithstanding any other provi-
sion of law, approval by the Secretary of a grant with funds 
made available under this section shall be deemed a contractual 
obligation of the United States for payment of the Federal share 
of the grant. 
(f) VEHICLE REGISTRATION.—After September 30, 1996, no State 
(other than a State which is participating in the International 
Registration Plan) shall establish, maintain, or enforce any commer-
cial motor vehicle registration law, regulation, or agreement which 
limits the operation of any commercial motor vehicle within its 
borders which is not registered under the laws of the State if the 
vehicle is registered under the laws of any other State participating 
in the International Registration Plan. 
(g) FUEL USE TAX.— 
(1) REPORTING REQUIREMENTS.—After September 30, 1996, no 
State shall establish, maintain, or enforce any law or regulation 
which has fuel use tax reporting requirements (including tax 
reporting forms) which are not in conformity with the Inter-
national Fuel Tax Agreement. 
(2) PAYMENT.—After September 30, 1996, no State shall estab-
lish, maintain, or enforce any law or regulation which provides 
for the payment of a fuel use tax unless such law or regulation 
is in conformity with the International Fuel Tax Agreement 
with respect to collection of such a tax by a single base State 
and proportional sharing of such taxes charged among the 
States where a commercial motor vehicle is operated. 
(3) LIMITATION.—For purposes of paragraphs (1) and (2), in the 
event of an amendment to the International Fuel Tax Agree-
ment, conformity by a State that is not participating in such 
Agreement when such amendment is made may not be required 
with respect to such amendment until a reasonable time period 
for such conformity has elapsed, but in no case earlier than— 
(A) the expiration of the 365-day period beginning on the 
first day that the corresponding compliance with such 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2155 
amendment is required of States that are participating in 
such Agreement; or 
(B) the expiration of the 365-day period beginning on the 
day the relevant office of the State receives written notice 
of such amendment from the Secretary. 
(4) EXCEPTION.—Paragraphs (1), (2), and (3) shall not apply 
with respect to a State that participates on January 1, 1991, in 
the Regional Fuel Tax Agreement and that continues to partici-
pate after such date in such Agreement, 
(h) ENFORCEMENT.— 
(1) ACTION.—On the request of the Secretary, the Attorney 
General may commence, in a court of competent jurisdiction, a 
civil action for such injunctive relief as may be appropriate to 
ensure compliance with subsections (f) and (g). 
(2) VENUE.—Such action may be commenced only in the State 
in which relief is required to ensure such compliance. 
(3) RELIEF.—Subject to section 1341 of title 28, United States 
Code, such court, upon a proper showing— 
(A) shall issue a temporary restraining order or a prelimi-
nary or permanent injunction; and 
(B) may require in such injunction that the State or any 
person comply with such subsections. 
(i) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing in subsec-
tions (f) and (g) shall be construed as limiting the amount of money a 
State may charge for registration of a commercial motor vehicle or 
the amount of any fuel use tax a State may impose. 
0") FUNDING.—There is authorized to be appropriated out of the 
Highway Trust Fund (other than the Mass Transit Account) for 
fiscal year 1992 $1,000,000 for funding the activities of the working 
group under this section and $5,000,000 for making grants under 
subsection (e). Amounts authorized by the preceding sentence shall 
be subject to the obligation limitation established by section 102 of 
this Act for fiscal year 1992. From sums made available under 
section 404 of the Surface Transportation Assistance Act of 1982, the 
Secretary shall provide for each of fiscal years 1993 through 1997 
$1,000,000 for funding the activities of the working group under this 
section and $5,000,000 for making grants under subsection (e). Such 
sums shall remain available until expended. 
(k) DEFINITIONS.—In this section, the following definitions apply: 
(1) COMMERCIAL MOTOR VEHICLE.—The term "commercial 
motor vehicle"— 
(A) as used with respect to the International Registration 
Plan, has the meaning the term "apportionable vehicle" 
has under such plan; and 
(B) as used with respect to the International Fuel Tax 
Agreement, has the meaning the term "qualified motor 
vehicle" has under such agreement. 
(2) FUEL USE TAX.—The term "fuel use tax" means a tax 
imposed on or measured by the consumption of fuel in a motor 
vehicle. 
(3) INTERNATIONAL FUEL TAX AGREEMENT.—The term "Inter-
national Fuel Tax Agreement" means the interstate agreement 
for the collection and distribution of fuel use taxes paid by 
motor carriers, developed under the auspices of the National 
Governors' Association. 
(4) INTERNATIONAL REGISTRATION PLAN.—The term "Inter-
national Registration Plan" means the interstate agreement for 
105 STAT. 2156 
PUBLIC LAW 102-240—DEC. 18, 1991 
the apportionment of vehicle registration fees paid by motor 
carriers, developed by the American Association of Motor Ve-
hicle Administrators. 
(5) REGIONAL FUEL TAX AGREEMENT.—The term "Regional 
Fuel Tax Agreement" means the interstate agreement for the 
collection and distribution of fuel use taxes paid by motor 
carriers in the States of Maine, Vermont, and New Hampshire. 
(6) STATE.—The term "State" means the 48 contiguous States 
and the District of Columbia. 
SEC. 4009. VIOLATIONS OF OUT-OF-SERVICE ORDERS. 
(a) FEDERAL REGULATIONS.—The Commercial Motor Vehicle 
Safety Act of 1986 (49 U.S.C. App. 2701-2716) is amended by adding 
at the end the following new section: 
49 u s e app. 
"SEC. 12020. VIOLATION OF OUT-OF-SERVICE ORDERS. 
2717 
"(a) 
REGULATIONS.—The 
Secretary 
shall 
issue 
regulations 
establishing sanctions and penalties relating to violations of out-of-
service orders by persons operating commercial motor vehicles. 
"(b) MINIMUM REQUIREMENTS.—Regulations issued under subsec-
tion (a) shall, at a minimum, require that— 
"(1) any operator of a commercial motor vehicle who is found 
to have committed a first violation of an out-of-service order 
shall be disqualified from operating such a vehicle for a period 
of not less than 90 days and shall be subject to a civil penalty of 
not less than $1,000; 
"(2) any operator of a commercial motor vehicle who is found 
to have committed a second violation of an out-of-service order 
shall be disqualified from operating such a vehicle for a period 
of not less than 1 year and not more than 5 years and shall be 
subject to a civil penalty of not less than $1,000; and 
"(3) any employer that knowingly allows, permits, authorizes, 
or requires an employee to operate a commercial motor vehicle 
in violation of an out-of-service order shall be subject to a civil 
penalty of not more than $10,000. 
"(c) DEADUNES.—The regulations required under subsection (a) 
shall be developed pursuant to a rulemaking proceeding initiated 
within 60 days after the date of the enactment of this section and 
shall be issued not later than 12 months after such date of 
enactment.". 
(b) STATE REGULATIONS.—Section 12009(a)(21) of the Commercial 
Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2708(a)(21)) is 
amended by inserting "and section 12020(a)" before the period at the 
end. 
SEC. 4010. EXEMPTION OF CUSTOM HARVESTING FARM MACHINERY. 
Section 12019(5) of the Commercial Motor Vehicle Safety Act of 
1986 (49 U.S.C. App. 2716(5)), relating to the definition of motor 
vehicle, is amended by inserting "or custom harvesting farm 
machinery" before the period at the end. 
SEC. 4011. COMMON 
CARRIERS 
PROVIDING 
TRANSPORTATION FOR 
CHARITABLE PURPOSES. 
Section 10723(b) of title 49, United States Code, is amended— 
(1) in paragraph (2) by inserting "(other than a motor carrier 
of passengers)" after "carrier"; and 
(2) by adding at the end the following new paragraph: 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2157 
"(3) In the case of a motor carrier of passengers, that carrier may 
also estabUsh a rate and related rule equal to the rate charged for 
the transportation of 1 individual when that rate is for the transpor-
tation of— 
"(A) a totally blind individual and an accompanying guide or 
a dog trained to guide the individual; 
"(B) a disabled individual and accompanying attendant, or 
animal trained to assist the individual, or both, when required 
because of disability; or 
"(C) a hearing-impaired individual and a dog trained to assist 
the individual.". 
SEC. 4012. BRAKE PERFORMANCE STANDARDS. 
49 USC app. 
(a) INITIATION OF RULEMAKING.—Not later than May 31, 1992, the 
Secretary shall initiate rulemaking concerning methods for improv-
ing braking performance of new commercial motor vehicles, includ-
ing truck tractors, trailers, and their dollies. Such rulemaking shall 
include an examination of antilock systems, means of improving 
brake compatibility, and methods of ensuring effectiveness of brake 
timing. 
(b) LIMITATION WITH RESPECT TO RULES.—Any rule which the 
Secretary determines to issue regarding improved braking perform-
ance pursuant to the rulemaking initiated under this section shall 
take into account the need for the rule and, in the case of trailers, 
shall include articulated vehicles and their manufacturers. 
(c) RULEMAKING PROCEDURE.—Any rulemaking under this section 
shall, consistent with section 229 of the Motor Carrier Safety Act of 
1984 (49 U.S.C. App. 2519(b)), be carried out pursuant to, and in 
accordance with, the National Traffic and Motor Vehicle Safety Act 
of 1966. 
(d) COMPLETION OF RULEMAKING.—The Secretary shall complete 
the rulemaking within 18 months after its initiation; except that the 
Secretary may extend that period for an additional 6 months after 
giving notice in the Federal Register of the need for such an 
extension. Such extension shall not be reviewable. 
(e) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed as affecting the authority of the Secretary 
under this Act (or preventing the Secretary) from simultaneously 
initiating a rulemaking concerning methods for improving brake 
performance in the case of vehicles, other than new manufactured 
commercial motor vehicles, and for considering the necessity for 
effective enforcement of any rule relating to improving such 
performance as part of the rulemaking proceeding and for consider-
ing the reliability, maintainability, and durability of any brake 
equipment. 
(f) COMMERCIAL MOTOR VEHICLE DEFINED.—For purposes of this 
section only, the term "commercial motor vehicle" means any self-
propelled or towed vehicle used on highways to transport passengers 
or property if such vehicle has a gross vehicle weight rating of 
26,001 or more pounds. 
SEC. 4013. FHWA POSITIONS. 
To help implement the purposes of this title, the Secretary in 
fiscal year 1992 shall employ and maintain thereafter 2 additional 
employees in positions at the headquarters of the Federal Highway 
Administration in excess of the number of employees authorized for 
fiscal year 1991 for the Federal Highway Administration. 
105 STAT. 2158 
PUBLIC LAW 102-240—DEC. 18, 1991 
49 u s e app. 
SEC. 4014. COMPLIANCE REVIEW PRIORITY. 
2511a 
If the Secretary identifies a pattern of violations of State or local 
traffic safety laws or regulations, or commercial motor vehicle 
safety rules, regulations, standards, or orders, among the drivers of 
commercial motor vehicles employed by a particular motor carrier, 
the Secretary or a State representative shall ensure that such motor 
carrier receives a high priority for review of such carrier's compli-
ance with applicable Federal and State commercial motor vehicle 
safety regulations. 
TITLE V—INTERMODAL 
TRANSPORTATION 
SEC. 5001. NATIONAL GOAL TO PROMOTE INTERMODAL TRANSPORTATION. 
Section 302 of title 49, United States Code (relating to policy 
standards for transportation), is further amended by adding at the 
end the following new subsection: 
"(e) INTERMODAL TRANSPORTATION.—It is the policy of the United 
States Government to encourage and promote development of a 
national intermodal transportation system in the United States to 
move people and goods in an energy-efficient manner, provide the 
foundation for improved productivity growth, strengthen the Na-
tion's ability to compete in the global economy, and obtain the 
optimum yield from the Nation's transportation resources.". 
SEC. 5002. DUTIES OF SECRETARY; OFFICE OF INTERMODALISM. 
(a) DUTIES OF SECRETARY.—Section 301 of title 49, United States 
Code (relating to leadership, consultation and cooperation), is 
amended by redesignating paragraphs (3) through (7) as paragraphs 
(4) through (8), respectively, and by inserting after paragraph (2) the 
following new paragraph: 
"(3) coordinate Federal policy on intermodal transportation 
and initiate policies to promote efficient intermodal transpor-
tation in the United States;". 
49 u s e 301 note. 
(b) INTERMODAL TRANSPORTATION ADVISORY BOARD.-
(1) ESTABLISHMENT.—There shall be established within the 
Office of the Secretary an Intermodal Transportation Advisory 
Board. 
(2) MEMBERSHIP.—The Intermodal Transportation Advisory 
Board shall consist of the Secretary, who shall serve as Chair-
man, and the Administrator, or his or her designee, of— 
(A) the Federal Highway Administration; 
(B) the Federal Aviation Administration; 
(C) the Maritime Administration; 
(D) the Federal Railroad Administration; and 
(E) the Federal Transit Administration. 
(3) FUNCTIONS.—The Intermodal Transportation Advisory 
Board shall provide recommendations for carrying out the 
responsibilities of the Secretary described in section 301(3) of 
title 49, United States Code. 
(c) OFFICE OF INTERMODALISM.— 
49 use 301 note. 
(1) EsTABUSHMENT.—The Secretary shall establish within the 
Office of the Secretary an Office of Intermodalism. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2159 
(2) DIRECTOR.—The Office shall be headed by a Director who 
shall be appointed by the Secretary not later than 6 months 
after the date of the enactment of this Act. 
(3) FUNCTION.—The Director shall be responsible for carrying 
out the responsibilities of the Secretary described in section 
301(3) of title 49, United States Code. 
(4) INTERMODAL TRANSPORTATION DATA BASE.—The Director 
shall develop, maintain, and disseminate intermodal transpor-
tation data through the Bureau of Transportation Statistics. 
The Director shall coordinate the collection of data for the data 
base with the States and metropolitan planning organizations. 
The data base shall include— 
(A) information on the volume of goods and number of 
people carried in intermodal transportation by relevant 
classification; 
(B) information on patterns of movement of goods and 
people carried in intermodal transportation by relevant 
classification in terms of origin and destination; and 
(C) information on public and private investment in inter-
modal transportation facilities and services. 
The Director shall make information from the data base avail-
able to the public. 
(5) RESEARCH.—The Director shall be responsible for coordi-
nating Federal research on intermodal transportation in accord-
ance with the plan developed pursuant to section 6009(b) of this 
Act and for carrying out additional research needs identified by 
the Director. 
(6) TECHNICAL ASSISTANCE.—The Director shall provide tech-
nical assistance to States and to metropolitan 
planning 
organizations for urban areeis having a population of 1,000,000 
or more in collecting data relating to intermodal transportation 
in order to facilitate the collection of such data by such States 
and metropolitan planning organizations. 
(7) ADMINISTRATIVE AND CLERICAL SUPPORT.—The Director 
shall provide administrative and clerical support to the Inter-
modal Transportation Advisory Board. 
SEC. 5003. MODEL INTERMODAL TRANSPORTATION PLANS. 
(a) GRANTS.—The Secretary shall make grants to States for the 
purpose of developing model State intermodal transportation plans 
which are consistent with the policy set forth in section 302(e) of 
title 49, United States Code. Such model plans shall include systems 
for collecting data relating to intermodal transportation. 
(b) DISTRIBUTION.—The Secretary shall award grants to States 
under this section which represent a variety of geographic regions 
and transportation needs, patterns, and modes. 
(c) TRANSMITTAL OF PLANS.—As a condition to receiving a grant 
under this section, the Secretary shall require that a State provide 
assurances that the State will transmit to the Secretary a State 
intermodal transportation plan not later than 18 months after the 
date of receipt of such grant. 
(d) AGGREGATE AMOUNT.—The Secretary shall reserve, from 
amounts deducted under section 104(a) of title 23, United States 
Code, $3,000,000 for the purpose of making grants under this section. 
The aggregate amount which a State may receive in grants under 
this section shall not exceed $500,000. 
Public 
information. 
Grants. 
49 use 301 note. 
105 STAT. 2160 
PUBLIC LAW 102-240—DEC. 18, 1991 
49 use 102 note. SEC. 5004. SURFACE TRANSPORTATION ADMINISTRATION. 
(a) STUDY,—Not later than 60 days after the date of the enactment 
of this Act, the Secretary shall enter into an agreement with the 
National Academy of Public Administration to continue a study of 
options for organizing the Department of Transportation to increase 
the effectiveness of program delivery, reduce costs, and improve 
intermodal coordination among surface transportation-related agen-
cies. 
(b) REPORT.—The Secretary shall report to Congress on the find-
ings of the study continued under subsection (a) and recommend 
appropriate organizational changes no later than January 1, 1993. 
No organizational changes shall be implemented until such changes 
are approved by law. 
49 use 301 note. SEC. 5005. NATIONAL COMMISSION ON INTERMODAL TRANSPORTATION. 
(a) ESTABLISHMENT.—There is established a National Commission 
on Intermodal Transportation. 
(b) FUNCTION.—The Commission shall make a complete investiga-
tion and study of intermodal transportation in the United States 
and internationally. The Commission shall determine the status of 
intermodal transportation, the problems that exist with respect to 
intermodal transportation, and the resources needed to enhance 
intermodal transportation. Based on such investigation and study, 
the Commission shall recommend those policies which need to be 
adopted to achieve the national goal of an efficient intermodal 
transportation system. 
(c) SPECIFIC MATTERS TO BE ADDRESSED.—The Commission shall 
specifically investigate and study the following: 
(1) INTERMODAL STANDARDIZATION.—The Commission, in co-
ordination with the National Academy of Sciences, shall exam-
ine current and potential impediments to international 
standardization in specific elements of intermodal transpor-
tation. The Commission shall evaluate the potential benefits 
and relative priority of standardization in each such element 
and the time period and investment necessary to adopt such 
standards. 
(2) INTERMODAL IMPACTS ON PUBLIC WORKS INFRASTRUCTURE.— 
The Commission shall examine current and projected inter-
modal traffic flows, including the current and projected market 
for intermodal transportation, and how such traffic flows affect 
infrastructure needs. The Commission shall make recommenda-
tions as to capital needs for infrastructure development that 
will be required to accommodate intermodal transportation, 
particularly with respect to surface transportation access to 
airports and ports. 
(3) LEGAL IMPEDIMENTS TO EFFICIENT INTERMODAL TRANSPOR-
TATION.—The Commission shall identify legal impediments to 
efficient intermodal transportation. Specifically, the Commis-
sion shall study the relationship between current regulatory 
schemes for individual modes of transportation and intermodal 
transportation efficiency. 
(4) FINANCIAL ISSUES.—The Commission shall examine exist-
ing impediments to the efficient 
financing of intermodal 
transportation improvements. In carrying out such examina-
tion, the Commission shall examine (A) the most efficient use of 
existing sources of funds for connecting individual modes of 
transportation and for accommodating transfers between such 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2161 
modes, and (B) the use of innovative methods of financing for 
making such improvements. The Commission shall examine 
current methods of public funding, the desirability of increased 
flexibility in the use of amounts in Federal transportation trust 
funds, and increased use of private sources of funding. 
(5) NEW TECHNOLOGIES.—The Commission shall study new 
technologies for improving intermodal transportation and prob-
lems associated with incorporating these new technologies in 
intermodal transportation. 
(6) DOCUMENTATION.—The Commission shall study problems 
in documentation resulting from intermodal transfers of freight 
and make recommendations for achieving uniform, efficient, 
and simplified documentation. 
(7) RESEARCH AND DEVELOPMENT.—The Commission shall iden-
tify the areas relating to intermodal transportation for which 
continued research and development is needed after the report 
required by this section is completed, and propose an agenda for 
carrying out such research and development. 
(8) PRODUCTIVITY.—The Commission shall examine the rela-
tionship of intermodal transportation to transportation rates, 
transportation costs, and economic productivity. 
(d) MEMBERSHIP.— 
(1) APPOINTMENT.—The Commission shall be composed of 11 
members as follows: 
(A) 3 members appointed by the President. 
President. 
(B) 2 members appointed by the Speaker of the House of 
Representatives. 
(C) 2 members appointed by the minority leader of the 
House of Representatives. 
(D) 2 members appointed by the majority leader of the 
- 
Senate. 
(E) 2 members appointed by the minority leader of the 
Senate. 
(2) QuAUFiCATiONS.—Members appointed pursuant to para-
graph (1) shall be appointed from among individuals interested 
in intermodal transportation policy, including representatives 
of Federal, State, and local governments, other public transpor-
tation authorities or agencies, and organizations representing 
transportation providers, shippers, labor, the financial commu-
nity, and consumers. 
(3) TERMS.—Members shall be appointed for the life of the 
Commission. 
(4) VACANCIES.—A vacancy in the Commission shall be filled 
in the manner in which the original appointment was made. 
(5) TRAVEL EXPENSES.—Members shall serve without pay but 
shall receive travel expenses, including per diem in lieu of 
subsistence, in accordance with sections 5702 and 5703 of title 5, 
United States Code. 
(6) CHAIRMAN.—The Chairman of the Commission shall be 
elected by the members. 
(e) STAFF.—The Commission may appoint and fix the pay of such 
personnel as it considers appropriate. 
if) STAFF OF FEDERAL AGENCIES.—Upon request of the Commis-
sion, the head of any department or agency of the United States 
may detail, on a reimbursable basis, any of the personnel of that 
department or agency to the Commission to assist it in carrying out 
its duties under this section. 
105 STAT. 2162 
PUBLIC LAW 102-240—DEC. 18, 1991 
(g) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of 
the 
Commission, the Administrator of General Services shall provide to 
the Commission, on a reimbursable basis, the administrative sup-
port services necessary for the Commission to carry out its respon-
sibilities under this section. 
(h) OBTAINING OFFICIAL DATA.—The Commission may secure di-
rectly from any department or agency of the United States informa-
tion (other than information required by any statute of the United 
States to be kept confidential by such department or agency) nec-
essary for the Commission to carry out its duties under this section. 
Upon request of the Commission, the head of that department or 
agency shall furnish such nonconfidential information to the 
Commission. 
(i) REPORT AND PROPOSED NATIONAL INTERMODAL TRANSPORTATION 
PLAN.—Not later than September 30, 1993, the Commission shall 
transmit to Congress a final report on the results of the investiga-
tion and study conducted under this section. The report shall in-
clude recommendations of the Commission for implementing the 
policy set forth in section 302(e) of title 49, United States Code, 
including a proposed national intermodal transportation plan and a 
proposed agenda for implementing the plan. 
(j) TERMINATION.—The Commission shall terminate on the 180th 
day following the date of transmittal of the report under subsection 
Historic 
(i). AH records and papers of the Commission shall thereupon be 
presentation. 
delivered to the Administrator of General Services for deposit in the 
^ ° " ^ - 
National Archives. 
TITLE VI—RESEARCH 
PART A—PROGRAMS, STUDIES, AND ACTIVITIES 
SEC. 6001. RESEARCH AND TECHNOLOGY PROGRAM. 
Subsections (a), (b), and (c) of section 307 of title 23, United States 
Code, are amended to read as follows: 
"(a) RESEARCH AND TECHNOLOGY PROGRAM.— 
"(1) AUTHORITY OF THE SECRETARY.— 
"(A) IN GENERAL.—The Secretary may engage in re-
search, development, and technology transfer activities 
with respect to motor carrier transportation and all phases 
of highway planning and development (including construc-
tion, 
operation, 
modernization, 
development, 
design, 
maintenance, safety, financing, and traffic conditions) and 
the effect thereon of State laws and may test, develop, or 
assist in testing and developing any material, invention, 
patented article, or process. 
"(B) COOPERATION, GRANTS, AND CONTRACTS.—The Sec-
retary may carry out this section either independently or in 
cooperation with other Federal departments, agencies, and 
instrumentalities or by making grants to, and entering into 
contracts and cooperative agreements with, the National 
Academy of Sciences, the American Association of State 
Highway and Transportation Officials, or any State agency, 
authority, association, institution, corporation (profit or 
nonprofit), organization, or person. 
"(C) RESEARCH FELLOWSHIPS.— 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2163 
"(i) GENERAL AUTHORITY.—The Secretary may, acting 
either independently or in cooperation with other Fed-
eral departments, agencies, and instrumentalities, 
make grants for research fellowships for any purpose 
, 
for which research is authorized by this section. 
"(ii) DWIGHT DAVID EISENHOWER TRANSPORTATION 
FELLOWSHIP PROGRAM.—The Secretary shall establish 
and implement a transportation research fellowship 
program for the purpose of attracting qualified stu-
dents to the field of transportation engineering and 
research. Such program shall be known as the "Eiwight 
David Eisenhower Transportation Fellowship Pro-
gram". Of the funds made available pursuant to para-
graph (3) for each 
fiscal 
year 
beginning 
after 
September 30,1991, the Secretary shall expend not less 
than $2,000,000 per fiscal year to carry out such pro-
g^ram. 
"(2) COLLABORATIVE RESEARCH AND DEVELOPMENT.— 
"(A) IN GENERAL.—For the purposes of encouraging 
innovative solutions to highway problems and stimulating 
the marketing of new technology by private industry, the 
Secretary is authorized to undertake, on a cost-shared basis, 
collaborative research and development with non-Federal 
entities, including State and local governments, foreign 
governments, 
colleges and universities, 
corporations, 
institutions, partnerships, sole proprietorships, and trade 
associations which are incorporated or established under 
the laws of any State. 
"(B) AGREEMENTS.—In carrjdng out this paragraph, the 
Secretary may enter into cooperative research and develop-
ment agreements, as such term is defined under section 12 
of the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3710a). 
"(C) FEDERAL SHARE.—The Federal share payable on ac-
count of activities carried out under a cooperative research 
and development agreement entered into under this para-
graph shall not exceed 50 percent of the total cost of such 
activities; except that, if there is substantial public interest 
or benefit, the Secretary may approve a higher Federal 
share. All costs directly incurred by the non-Federal part-
ners, including personnel, travel, and hardware develop-
ment costs, shall be treated as part of the non-Federal share 
of the cost of such activities for purposes of the preceding 
sentence. 
"(D) UTILIZATION OF TECHNOLOGY.—The research, develop-
ment, or utilization of any technology pursuant to a co-
operative research and development agreement entered 
into under this paragraph, including the terms under which 
the technology may be licensed and the resulting royalties 
may be distributed, shall be subject to the Stevenson-
Wydler Technology Innovation Act of 1980. 
"(3) FUNDS.— 
"(A) IN GENERAL.—The funds necessary to carry out this 
subsection and subsections (b), (d), and (e) shall be taken by 
the Secretary out of administrative funds deducted pursu-
ant to section 104(a) of this title and such funds as may be 
deposited by any cooperating organization or person in a 
105 STAT. 2164 
PUBLIC LAW 102-240—DEC. 18, 1991 
special account of the Treasury of the United States estab-
lished for such purposes. 
"(B) MINIMUM EXPENDITURES ON LONG-TERM RESEARCH 
PROJECTS.—Not less than 15 percent of the funds made 
available under this paragraph shall be expended on long-
term research projects which are unlikely to be completed 
within 10 years. 
"(4) WAIVER OF ADVERTISING REQUIREMENTS.—The provisions 
of section 3709 of the Revised Statutes (41 U.S.C. 5) shall not be 
applicable to contracts or agreements entered into under this 
section. 
"(b) MANDATORY CONTENTS OF RESEARCH PROGRAM.— 
"(1) INCLUSION OF CERTAIN STUDIES.—The Secretary shall in-
clude in the highway research program under subsection (a) 
studies of economic highway geometries, structures, and desir-
able weight and size standards for vehicles using the public 
highways and of the feasibility of uniformity in State regula-
tions with respect to such standards. The highway research 
program shall also include studies to identify and measure, 
quantitatively and qualitatively, those factors which relate to 
economic, social, environmental, and other impacts of highway 
projects. 
"(2) SHRP RESULTS.— 
"(A) IMPLEMENTATION.—The highway research program 
under subsection (a) shall include a program to implement 
results of the strategic highway research program carried 
out under subsection (d) (including results relating to auto-
matic intrusion alarms for street and highway construction 
work zones) and to continue the long-term pavement 
performance tests being carried out under such program. 
"(B) MINIMUM FUNDING.—Of amounts deducted under 
section 104(a) of this title, the Secretary shall expend not 
less than $12,000,000 in fiscal year 1992, $16,000,000 in 
fiscal year 1993, and $20,000,000 per fiscal year for each of 
fiscal years 1994, 1995, 1996, and 1997 to carry out this 
paragraph. 
"(3) SURFACE TRANSPORTATION SYSTEM PERFORMANCE INDICA-
TORS.—The highway research program under subsection (a) 
shall include a coordinated long-term program of research for 
the development, use, and dissemination of performance indica-
tors to measure the performance of the surface transportation 
system of the United States, including indicators for productiv-
ity, efficiency, energy use, air quality, congestion, safety, 
maintenance, and other factors which reflect the overall 
performance of such system. 
"(4) SHORT HAUL PASSENGER TRANSPORTATION SYSTEMS.—The 
Secretary shall conduct necessary systems research in order to 
develop a concept for a lightweight, pneumatic tire multiple-
unit, battery-powered system, in conjunction with recharging 
stations at strategic locations. The Secretary shall create a 
potential systems concept and, as part of the surface transpor-
tation research and development plan under subsection (b), 
make recommendations to Congress by January 15,1993. 
"(5) SUPPORTING INFRASTRUCTURE.—The Secretary shall estab-
lish a program to strengthen and expand surface transportation 
infrastructure research and development. The program shall 
include the following elements: 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2165 
"(A) Methods and materials for improving the durabiUty 
of surface transportation infrastructure 
faciUties and 
extending the Ufe of bridge structures, including new and 
innovative technologies to reduce corrosion. 
"(B) Expansion of the Department of Transportation's 
inspection and mobile nondestructive examination capabili-
ties, including consideration of the use of high energy field 
radiography for more thorough and more frequent inspec-
tions of bridge structures as well as added support to State 
highway departments. 
"(C) The Secretary shall determine whether or not to 
initiate a construction equipment research and develop-
ment program directed toward the reduction of costs associ-
ated with the construction of highways and mass transit 
systems. The Secretary shall transmit to Congress a report Reports, 
containing such determination on or before July 1, 1992. 
"(D) The Secretary shall undertake or supervise surface 
transportation infrsistructure research to develop— 
"(i) nondestructive evaluation equipment for use 
with existing infrastructure facilities and for next 
generation infrastructure facilities that utilize ad-
vanced materials; 
"(ii) information technologies, including— 
"(I) appropriate computer programs to collect 
and analyze data on the status of the existing 
infrastructure facilities for enhancing manage-
ment, growth, and capacity; and 
"(II) dynamic simulation models of surface 
transportation systems for predicting capacity, 
safety, and infrastructure durability problems, for 
evaluating planned research projects, and for test-
ing the strengths and weaknesses of proposed revi-
sions in surface transportation operations pro-
grams; and 
"(iii) new and innovative technologies to enhance and 
facilitate field construction and rehabilitation tech-
niques for minimizing disruption during repair and 
maintenance of existing structures. 
'(c) STATE PLANNING AND RESEARCH.— 
"(1) GENERAL RULE.—2 percent of the sums apportioned for 
each fiscal year beginning after September 30, 1991, to any 
State under sections 104 and 144 of this title and for highway 
projects under section 103(e)(4) of this title shall be available for 
expenditure by the State highway department, in consultation 
with the Secretary, only for the following purposes: 
"(A) Engineering and economic surveys and investiga-
tions. 
"(B) The planning of future highway programs and local 
public transportation systems and for planning for the 
financing thereof, including statewide planning under sec-
tion 135 of this title. 
"(C) Development and implementation of management 
systems under section 303 of this title. 
"(D) Studies of the economy, safety, and convenience of 
highway usage and the desirable regulation and equitable 
taxation thereof. 
105 STAT. 2166 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(E) Research, development, and technology transfer 
activities necessary in connection with the planning, 
design, construction, and maintenance of highway, public 
transportation, and intermodal transportation systems and 
study, research, and training on engineering standards and 
construction materials for such systems, including evalua-
tion and accreditation of inspection and testing and the 
regulation and taxation of their use. 
"(2) MINIMUM EXPENDITURES ON RESEARCH, DEVELOPMENT, AND 
TECHNOLOGY TRANSFER ACTIVITIES.—Not less than 25 percent of 
the funds which are apportioned to a State for a fiscal year and 
are subject to paragraph (1) shall be expended by the State for 
research, development, and technology transfer activities de-
scribed in paragraph (1) relating to highway, public transpor-
tation, and intermodal transportation systems unless the State 
certifies to the Secretary for such fiscal year that total expendi-
tures by the State for transportation planning under sections 
134 and 135 will exceed 75 percent of the amount of such funds 
and the Secretary accepts such certification. 
"(3) FEDERAL SHARE.—The Federal share payable on account 
of any project financed with funds which are subject to para-
graph (1) shall be 80 percent unless the Secretary determines 
that the interests of the Federal-aid highway program would be 
best served by decreasing or eliminating the non-Federal share. 
"(4) ADMINISTRATION OF SUMS.—Funds which are subject to 
paragraph (1) shall be combined and administered by the Sec-
retary as a single fund which shall be available for obligation 
for the same period as funds apportioned under section 10403)(1) 
of this title. 
SEC. 6002. NATIONAL HIGHWAY INSTITUTE. 
Section 321 of title 23, United States Code, is amended to read as 
follows: 
"§ 321. National Highway Institute 
"(a) ESTABUSHMENT; DUTIES; PROGRAMS.— 
"(1) ESTABLISHMENT.—The Secretary shall establish and oper-
ate in the Federal Highway Administration a National High-
way Institute (hereinafter in this section referred to as the 
'Institute'). 
"(2) DUTIES.—The Institute shall develop and administer, in 
cooperation with the State transportation or highway depart-
ments, and any national or international entity, training pro-
grams of instruction for Federal Highway Administration, State 
and local transportation and highway department employees. 
State and local police, public safety and motor vehicle employ-
ees, and United States citizens and foreign nationals engaged or 
to be engaged in highway work of interest to the United States. 
The Secretary shall administer, through the Institute, the 
authority vested in the Secretary by this title or by any other 
provision of law for the development and conduct of education 
and training programs relating to highways. 
"(3) TYPES OF PROGRAMS.—Programs which the Institute may 
develop and administer may include courses in modern develop-
ments, techniques, management, and procedures relating to 
highway planning, environmental factors, acquisition of rights-
of-way, relocation assistance, engineering, safety, construction. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2167 
maintenance, contract administration, motor carrier activities, 
and inspection. 
"(b) SET-ASIDE; FEDERAL SHARE.—Not to exceed Vie of 1 percent of 
all funds apportioned to a State under section 104(bX3) for the 
surface transportation program shall be available for expenditure 
by the State highway department for payment of not to exceed 80 
percent of the cost of tuition and direct educational expenses (but 
not travel, subsistence, or salaries) in connection with the education 
and training of State and local highway department employees as 
provided in this section. 
"(c) FEDERAL RESPONSIBIUTY.—Education and training of Federal, 
State, and local highway employees authorized by this section shall 
be provided— 
"(1) by the Secretary at no cost to the States and local 
governments for those subject areas which are a Federal pro-
gram responsibility; or 
"(2) in any case in which education and training are to be paid 
for under subsection (b), by the State (subject to the approval of 
the Secretary) through grants and contracts with public and 
private agencies, institutions, individuals, and the Institute; 
except that private agencies and individuals shall pay the full 
cost of any education and training received by them. 
"(d) TRAINING FELLOWSHIPS; COOPERATION.—The Institute is au-
thorized, subject to approval of the Secretary, to engage in all phases 
of contract authority for training purposes authorized by this sec-
tion, including the granting of training fellowships. The Institute is 
also authorized to carry out its authority independently or in co-
operation with any other branch of the Government, State agency, 
authority, association, institution, corporation (profit or nonprofit), 
any other national or international entity, or any other person. 
(e) COLLECTION OF FEES.— 
"(1) GENERAL RULE.—The Institute may, in accordance with 
this subsection, assess and collect fees solely to defray the costs 
of the Institute in developing and administering education and 
training programs under this section. 
"(2) LIMITATION.—Fees may be assessed and collected under 
this subsection only in a manner which may reasonably be 
expected to result in the collection of fees during any fiscal year 
in an aggregate amount which does not exceed the aggregate 
amount of the costs referred to in paragraph (1) for the fiscal 
year. 
"(3) PERSONS SUBJECT TO FEES.—Fees may be assessed and 
collected under this subsection only with respect to— 
"(A) persons and entities for whom education or training 
programs are developed or administered under this section; 
and 
"(B) persons and entities to whom education or training is 
provided under this section. 
"(4) AMOUNT OF FEES.—The fees assessed and collected under 
this subsection shall be established in a manner which ensures 
that the liability of any person or entity for a fee is reasonably 
based on the proportion of the costs referred to in paragraph (1) 
which relate to such person or entity. 
"(f) FUNDS.—The funds required to carry out this section may be 
from the sums deducted for administration purposes under section 
104(a). The sums provided pursuEint to this subsection may be 
combined or held separate from the fees or memberships collected 
105 STAT. 2168 
PUBLIC LAW 102-240—DEC. 18, 1991 
under subsection (e) and may be administered by the Secretary as a 
fund which shall be available until expended. 
"(g) CONTRACTS.—The provisions of section 3709 of the Revised 
Statutes (41 U.S.C. 5) shall not be applicable to contracts or agree-
ments made under the authority of this section.". 
SEC. 6003. INTERNATIONAL HIGHWAY 
TRANSPORTATION OUTREACH 
PROGRAM. 
Chapter 3 of title 23, United States Code, is amended by adding at 
the end the following new section: 
"§325. International highway transportation outreach program 
"(a) ACTIVITIES.—The Secretary is authorized to engage in activi-
ties to inform the domestic highway community of technological 
innovations abroad that could significantly improve highway 
transportation in the United States, to promote United States high-
way transportation expertise internationally, and to increase trans-
fers of United States highway transportation technology to foreign 
countries. Such activities may include— 
"(1) development, monitoring, assessment, and dissemination 
domestically of information about foreign highway transpor-
tation innovations that could significantly improve highway 
transportation in the United States; 
"(2) research, development, demonstration, training, and 
other forms of technology transfer and exchange; 
"(3) informing other countries about the technical quality of 
American highway transportation goods and services through 
participation in trade shows, seminars, expositions, and other 
such activities; 
"(4) offering those Federal Highway Administration technical 
services which cannot be readily obtained from the United 
States private sector to be incorporated into the proposals of 
United States firms undertaking foreign highway transpor-
tation projects if the costs for assistance will be recovered under 
the terms of each project; and 
"(5) conducting studies to assess the need for or feasibility of 
highway transportation improvements in countries that are not 
members of the Organization for Economic Cooperation and 
Development as of the date of the enactment of this section, and 
in Greece and Turkey. 
"(b) COOPERATION.—The Secretary may carry out the authority 
granted by this section, in cooperation with appropriate United 
States Government agencies and any State or local agency, author-
ity, association, institution, corporation (profit or nonprofit), foreign 
government, multinational institution, or any other organization or 
person. 
"(c) FUNDS.—The funds available to carry out the provisions of 
this section shall include funds deposited in a special account with 
the Secretary of the Treasury for such purposes by any cooperating 
organization or person. The funds shall be available for promotional 
materials, travel, reception and representation expenses necessary 
to carry out the activities authorized by this section. Reimburse-
ments for services provided under this section shall be credited to 
the appropriation concerned.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of such 
title is amended by adding at the end the following new item: 
"325. International highway transportation outreach program.". 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2169 
SEC. 6004. EDUCATION AND TRAINING PROGRAM. 
(a) IN GENERAL.—Chapter 3 of title 23, United States Code, is 
amended by adding at the end the following new section: 
"§ 326. Education and training program 
"(a) AUTHORITY.—The Secretary is authorized to carry out a 
transportation assistance program that will provide highway and 
transportation agencies in (1) urbanized areas of 50,000 to 1,000,000 
population, and (2) rural areas, access to modern highway tech-
nology. 
"Qy) GRANTS AND CONTRACTS.—The Secretary may make grants 
and enter into contracts for education and training, technical assist-
ance, and related support service that will— 
"(1) assist rural local transportation agencies to develop and 
expand their expertise in road and transportation areas (includ-
ing pavement, bridge and safety management systems), to im-
prove roads and bridges, to enhance programs for the movement 
of passengers and freight, to deal effectively with special road 
related problems by preparing and providing training packages, 
manuals, guidelines, and technical resource materials, and 
developing a tourism and recreational travel technical £issist-
ance program; 
"(2) identify, package, and deliver usable highway technology 
to local jurisdictions to assist urban transportation agencies in 
developing and expanding their ability to deal effectively with 
road related problems; and 
"(3) establish, in cooperation with State transportation or 
highway departments and universities (A) urban technical 
assistance program centers in States with 2 or more urbanized 
areas of 50,000 to 1,000,000 population, and (B) rural technical 
assistance program centers. 
Not less than 2 centers under paragraph (3) shall be designated to 
provide transportation assistance that may include, but is not nec-
essarily limited to, a 'circuit-rider' program, providing training on 
intergovernmental transportation planning and project selection, 
and tourism recreational travel to American Indian tribal govern-
ments. 
"(c) FUNDS.—The funds required to carry out the provisions of this 
section shall be taken out of administrative funds deducted under 
section 104(a). The sum of $6,000,000 per fiscal year for each of the 
fiscal years 1992, 1993, 1994, 1995, 1996, and 1997 shall be set aside 
from such administrative funds for the purpose of providing tech-
nical and financial support for these centers, including up to 100 
percent for services provided to American Indian tribal govern-
ments.". 
(b) CONFORMING AMENDMENT.—The analysis for chapter 3 of such 
title is amended by adding at the end the following new item: 
"326. Education and training progrsun.". 
(c) USE OF BUREAU OF INDIAN AFFAIRS' ADMINISTRATIVE FUNDS.— 
Section 2040t)) of such title is amended by adding at the end the 
following new sentence: "The Secretary of Interior may reserve 
funds from the Bureau of Indian Affairs' administrative funds 
associated with the Indian reservation roads program to finance the 
Indian technical centers authorized under section 326.". 
105 STAT. 2170 
PUBLIC LAW 102-240—DEC. 18, 1991 
SEC. 6005. APPLIED RESEARCH AND TECHNOLOGY PROGRAM; SEISMIC 
RESEARCH PROGRAM. 
(a) IN GENERAL.—Section 307 of title 23, United States Code, is 
amended by redesignating subsections (e) and (f) as subsections (g) 
and (h), respectively, and by inserting after subsection (d) the follow-
ing new subsections: 
"(e) APPUED RESEARCH AND TECHNOLOGY PROGRAM.— 
"(1) ESTABLISHMENT.—The Secretary shall establish and im-
plement in accordance with this subsection an applied research 
and technology program for the purpose of accelerating testing, 
evaluation, and implementation of technologies which are de-
signed to improve the durability, efficiency, environmental 
impact, productivity, and safety of highway, transit, and inter-
modal transportation systems. 
"(2) GuiDEUNES.—Not later than 18 months after the date of 
the enactment of this subsection, the Secretary shall issue 
guidelines to carry out this subsection. Such guidelines shall 
include: 
"(A) TECHNOLOGIES.—Guidelines on the selection of both 
foreign and domestic technologies to be tested. 
"(B) TEST LOCATIONS.—Guidelines on the selection of loca-
tions at which tests will be conducted. Such guidelines shall 
ensure that testing is conducted in a range of climatic, 
traffic, geographic, and environmental conditions, as appro-
priate for the technology being tested. 
"(C) DATA.—Guidelines for the scientific 
collection, 
evaluation, and dissemination of appropriate test data. 
"(3) TECHNOLOGIES.—Technologies which may be tested under 
this subsection include, but are not limited to— 
"(A) accelerated construction materials and procedures; 
"(B) environmentally beneficial materials and proce-
dures; 
"(C) materials and techniques which provide enhanced 
serviceability and longevity under adverse 
climactic, 
environmental, and load effects; 
"(D) technologies which increase the efficiency and 
productivity of vehicular travel; and 
"(E) technologies and techniques which enhance the 
safety and accessibility of vehicular transportation systems. 
"(4) HEATED BRIDGE TECHNOLOGIES.— 
"(A) PROJECTS.—As part of the program under this 
subsection, the Secretary shall carry out projects to assess 
the state of technology with respect to heating the decks of 
bridges and the feasibility of, and costs and benefits associ-
ated with, heating the decks of bridges. Such projects shall 
be carried out by installing heating equipment on the decks 
of bridges which are being replaced or rehabilitated under 
section 144 of this title. 
"(B) MINIMUM NUMBER OF BRIDGES.—The number of 
bridges for which heating equipment is installed under this 
subsection in a fiscal year shall not be less than 10 bridges. 
New Jersey. 
"(5) ELASTOMER MODIFIED ASPHALT.—As part of the program 
under this subsection, the Secretary shall carry out a project in 
the State of New Jersey to demonstrate the environmental and 
safety benefits of elastomer modified asphalt. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2171 
' 
"(6) HIGH PERFORMANCE BLENDED HYDRAUUC CEMENT.—As Missouri. 
part of the program under this subsection, the Secretary shall 
carry out a project in the State of Missouri to demonstrate the 
durability and construction efficiency of high performance 
blended hydraulic cement. 
"(7) THIN BONDED OVERLAY AND SURFACE LAMINATION OF PAVE-
MENT.—As part of the program under this subsection, the Sec-
retary shall carry out projects to assess the state of technology 
with respect to thin bonded overlay (including inorganic bond-
ing systems) and surface lamination of pavement, and to assess 
the feasibility of, and costs and benefits associated with, the 
repair, rehabilitation, and upgrading of highways and bridges 
with overlay. Such projects shall be carried out so as to mini-
mize overlay thickness, minimize initial laydown costs, mini-
mize time out of service, and maximize lifecycle durability. 
"(8) ALL WEATHER PAVEMENT MARKINGS.—As part of the pro-
gram under this subsection, the Secretary shall carry out a 
program to demonstrate the safety and durability of all weather 
pavement markings. 
"(9) TESTING OF HIGHWAY TECHNOLOGIES.—Projects carried out 
under this subsection to test technologies related to highways 
shall be carried out on highways on the Federal-aid system. 
"(10) TECHNICAL ASSISTANCE.—The Secretary shall provide 
technical assistance to States and localities in carr3dng out 
projects under this subsection. 
"(11) ANNUAL REPORT.—Not later than 1 year after the date of 
the enactment of this subsection, and annually thereafter, the 
Secretary shall transmit to the Committee on Public Works and 
Transportation of the House of Representatives and the 
Committee on Environment and Public Works of the Senate a 
report on the progress and research findings of the program 
carried out under this subsection. 
"(12) FEDERAL SHARE.—The Federal share of the cost of a 
project carried out under this subsection shall not exceed 80 
percent. 
"(13) FUNDING.—The Secretary shall expend from administra-
tive and research funds deducted under section 104(a) of this 
title and funds made available under section 26(a)(1) of the 
Federal Transit Act, "$35,000,000 for fiscal year 1992 and 
$41,000,000 per fiscal year for each of fiscal years 1993, 1994, 
1995, 1996, and 1997 to carry out this subsection. Of such 
amounts, in each of fiscal years 1992, 1993, 1994,1995,1996, and 
1997, the Secretary shall expend not less than $4,000,000 per 
fiscal year to carry out projects related to heated bridge tech-
nologies under paragraph (4), not less than $2,500,000 per fiscal 
year to carry out projects related to thin bonded overlay and 
surface lamination of pavements under paragraph (7), and not 
less than $2,000,000 per fiscal year to carry out projects related 
to all weather pavement markings under paragraph (8). 
Amounts made available under this subsection shall remain 
available until expended and shall not be subject to any obliga-
tion limitation. 
'(f) SEISMIC RESEARCH PROGRAM.— 
"(1) ESTABLISHMENT.—The Secretary shall establish a pro-
gram to study the vulnerability of highways, tunnels, and 
bridges on the Federal-aid system to earthquakes and develop 
105 STAT. 2172 
PUBLIC LAW 102-240—DEC. 18, 1991 
and implement cost-effective methods of retrofitting such high-
ways, tunnels, and bridges to reduce such vulnerability. 
New York. 
"(2) COOPERATION WITH NATIONAL CENTER FOR EARTHQUAKE 
ENGINEERING RESEARCH.—The Secretary shall conduct the pro-
gram under this section in cooperation with the National 
Center for Earthquake Engineering Research at the University 
of Buffalo. 
"(3) COOPERATION WITH AGENCIES PARTICIPATING IN NATIONAL 
HAZARDS REDUCTION PROGRAM.—The Secretary shall further 
conduct the program under this section in consultation and 
cooperation with Federal departments and agencies participat-
ing in the National Hazards Reduction Program established by 
section 5 of the Earthquake Hazards Reduction Act of 1977 and 
shall take such actions as may be necessary to ensure that the 
program under this subsection is consistent with— 
"(A) planning and coordination activities of the Federal 
Emergency Management Agency under section 5(b)(1) of 
such Act; and 
"(B) the plan developed by the Director of the Federal 
Emergency Management Agency under section 8(b) of such 
Act. 
"(4) FUNDING.—Of amounts deducted under section 104(a) of 
this title, the Secretary shall expend not more than $2,000,000 
per fiscal year in each of fiscal years 1992, 1993, 1994, 1995, 
1996, and 1997 to carry out this subsection. 
"(5) REPORT.—Not later than 2 years after the date of the 
enactment of this section, the Secretary shall transmit to the 
Committee on Public Works and Transportation of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate a report on the progress and research 
findings of the program carried out under this section.", 
(b) 
HIGHWAY 
AND 
BRIDGE 
CONDITIONS 
AND 
PERFORMANCE 
REPORT.—Section 307(h) of title 23, United States Code, as redesig-
nated by subsection (a), is amended by adding at the end the 
following new sentence: "The biennial reports required under this 
subsection shall provide the means, including all necessary informa-
tion, to relate and compare the conditions and service measures 
used in different years when such measures are changed.". 
SEC. 6006. BUREAU OF TRANSPORTATION STATISTICS. 
Chapter I of title 49, United States Code, is amended by adding at 
the end the following new section: 
"§111. Bureau of Transportation Statistics 
"(a) EsTABUSHMENT.—There is established in the Department of 
Transportation a Bureau of Transportation Statistics. 
"(b) DIRECTOR.— 
"(1) APPOINTMENT.—The Bureau shall be headed by a Direc-
tor who shall be appointed by the President, by and with the 
advice and consent of the Senate. 
"(2) QUALIFICATIONS.—The Director shall be appointed from 
among individuals who are qualified to serve as the Director by 
virtue of their training and experience in the compilation and 
analysis of transportation statistics. 
"(3) REPORTING.—The Director shall report directly to the 
Secretary. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2173 
"(4) TERM,—The term of the Director shall be 4 years. The 
term of the first Director to be appointed shall begin on the 
180th day after the date of the enactment of this section. 
"(c) RESPONSIBIUTIES.—The Director of the Bureau shall be 
responsible for carrying out the following duties: 
"(1) 
COMPIUNG 
TRANSPORTATION 
STATISTICS.—Compiling, 
analyzing, and publishing a comprehensive set of transportation 
statistics to provide timely summaries and totals (including 
industrywide aggregates and multiyear averages) of transpor-
tation-related information. Such statistics shall be suitable for 
conducting cost-benefit studies (including comparisons among 
individual transportation modes and intermodal transport sys-
tems) and shall include information on— 
"(A) productivity in various parts of the transportation 
sector; 
"(B) traffic flows; 
"(C) travel times; 
"(D) vehicle weights; 
"(E) variables influencing traveling behavior, including 
choice of transportation mode; 
"(F) travel costs of intracity commuting and intercity 
trips; 
"(G) availability of mass transit and the number of pas-
sengers served by each mass transit authority; 
"(H) frequency of vehicle and transportation facility 
repairs and other interruptions of transportation service; 
(I) accidents; 
"(J) collateral damage to the human and natural environ-
ment; and 
"(K) the condition of the transportation system. 
"(2) IMPLEMENTING LONG-TERM DATA COLLECTION PROGRAM.— 
Establishing and implementing, in cooperation with the modal 
administrators, the States, and other Federal officials a com-
prehensive, long-term program for the collection and analysis of 
data relating to the performance of the national transportation 
system. Such program shall— 
"(A) be coordinated with efforts to develop performance 
indicators for the national transportation system under-
taken pursuant to section 307(bX3) of title 23, United States 
Code; 
"(B) ensure that data is collected under this subsection in 
a manner which will maximize the ability to compare data 
from different regions and for different time periods; and 
"(C) ensure that data collected under this subsection is 
controlled for accuracy and disseminated to the States and 
other interested parties. 
"(3) ISSUING GUIDELINES.—Issuing guidelines for the collection 
of information by the Department of Transportation required 
for statistics to be compiled under paragraph (1) in order to 
ensure that such information is accurate, reliable, relevant, and 
in a form that permits systematic analysis. 
"(4) COORDINATING COLLECTION OF INFORMATION.—Coordinat-
ing the collection of information by the Department of 
Transportation required for statistics to be compiled under 
paragraph (1) with related information-gathering activities con-
ducted by other Federal departments and Eigencies and collect-
ing appropriate data not elsewhere gathered. 
105 STAT. 2174 
PUBLIC LAW 102-240—DEC. 18, 1991 
"(5) MAKING STATISTICS ACCESSIBLE.—Making the statistics 
published under this subsection readily accessible. 
"(6) IDENTIFYING INFORMATION NEEDS.—Identifying informa-
tion that is needed under paragraph (1) but which is not being 
collected, reviewing such needs at least annually with the Ad-
visory Council on Transportation Statistics, and making rec-
ommendations to appropriate Department of Transportation 
research officials 
concerning extramural and intramural 
research programs to provide such information. 
"(d) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed— 
"(1) to authorize the Bureau to require any other department 
or agency to collect data; or 
"(2) to reduce the authority of any other officer of the Depart-
ment of Transportation to collect and disseminate 
data 
independently. 
"(e) PROHIBITION ON CERTAIN DISCLOSURES.—Information compiled 
by the Bureau shall not be disclosed publicly in a manner that 
would reveal the personal identity of any individual, consistent with 
the Privacy Act of 1974 (5 U.S.C. 552a), or to reveal trade secrets or 
allow commercial or financial information provided by any person 
to be identified with such person. 
"(f) TRANSPORTATION STATISTICS ANNUAL REPORT.—On or before 
January 1, 1994, and annually thereafter, the Director shall trans-
mit to the President and Congress a Transportation Statistics 
Annual Report which shall include information on items referred to 
in subsection (c)(1), documentation of methods used to obtain and 
ensure the quality of the statistics presented in the report, and 
recommendations for improving transportation statistical informa-
tion. 
"(g) PERFORMANCE OF FUNCTIONS OF DIRECTOR PENDING CON-
FIRMATION.—An individual who, on the date of the enactment of this 
section, is performing any function required by this section to be 
performed by the Director may continue to perform such function 
until such function is undertaken by the Director.". 
(b) FUNDING.—There shall be available from the Highway Trust 
Fund (other than the Mass Transit Account) only for carr3dng out 
the amendment made by subsection (a) $5,000,000 for fiscal year 
1992, $10,000,000 for fiscal year 1993, $15,000,000 per fiscal year for 
each of fiscal years 1994 and 1995, $20,000,000 for fiscal year 1996, 
and $25,000,000 for fiscal year 1997. Funds authorized by this subsec-
tion shall be available for obligation in the same manner as if such 
funds were apportioned under chapter 1 of title 23, United States 
Code. 
(c) CONFORMING AMENDMENT.—The analysis for chapter 1 of such 
title is amended by adding at the end the following new items: 
"Sec. 110. Saint Lawrence Seaway Development Corporation. 
"Sec. 111. Bureau of Transportation Statistics.". 
(d) AMENDMENT TO TITLE 5, U.S.C.—Section 5316 of title 5, United 
States CJode, is amended by adding at the end the following: 
"Director, Bureau of Transportation Statistics.". 
49 use 111 note. 
SEC. 6007. ADVISORY COUNCIL ON TRANSPORTATION STATISTICS. 
(a) ESTABLISHMENT.—The Director of the Bureau of Transpor-
tation Statistics shall establish an Advisory Council on Transpor-
tation Statistics. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2175 
(b) FUNCTION.—It shall be the function of the advisory council 
established under this section to advise the Director of the Bureau of 
Transportation Statistics on transportation statistics and analyses, 
including whether or not the statistics and analysis disseminated by 
the Bureau of Transportation Statistics are of high quality and are 
based upon the best available objective information. 
(c) MEMBERSHIP.—The advisory council established under this 
section shall be composed of not more than 6 members appointed by 
the Director who are not officers or employees of the United States 
and who (except for 1 member who shall have expertise in eco-
nomics and 1 member who shall have expertise in statistics) have 
expertise in transportation statistics and analysis. 
(d) APPUCABIUTY OF FEDERAL ADVISORY COMMITTEE ACT.—The 
Federal Advisory Committee Act shall apply to the advisory council 
established under this section, except that section 14 of the Federal 
Advisory Committee Act shall not apply to the Advisory Committee 
established under this section. 
SEC. 6008. DOT DATA NEEDS. 
49 USC 111 note. 
(a) STUDY.—Not later than 1 year after the date of the establish-
ment of the Bureau of Transportation Statistics, the Secretary shall 
enter into an agreement with the National Academy of Sciences to 
conduct a study on the adequacy of data collection procedures and 
capabilities of the Department of Transportation. 
(b) CONSULTATION.—The Secretary shall enter into the agreement 
under subsection (a) in consultation with the Director of the Bureau 
of Transportation Statistics. 
(c) CONTENTS.—The study under subsection (a) shall include an 
evaluation of the Department of Transportation's data collection 
resources, needs, and requirements and an assessment and evalua-
tion of the systems, capabilities, and procedures established by the 
Department to meet such needs and requirements, including the 
following: 
(1) Data collection procedures and capabilities. 
(2) Data analysis procedures and capabilities. 
(3) Ability of data bases to integrate with one another. 
(4) Computer hardware and software capabilities. 
(5) Information management systems, including the ability of 
information management systems to integrate with one an-
other. 
(6) Availability and training of the personnel of the Depart-
ment. 
(7) Budgetary needs and resources of the Department for data 
collection. 
(d) REPORT.—Not later than 18 months after the date of the 
agreement under subsection (a), the National Academy of Sciences 
shall transmit to Congress a report on the results of the study under 
this section, including recommendations for improving the Depart-
ment of Transportation's data collection systems, capabilities, proce-
dures, and analytical hardware and software and recommendations 
for improving the Department's management information systems. 
SEC. 6009. SURFACE TRANSPORTATION RESEARCH AND DEVELOPMENT 23 USC 307 note. 
PLANNING. 
(a) FINDINGS.—Congress finds that— 
105 STAT. 2176 
PUBLIC LAW 102-240—DEC. 18, 1991 
(1) despite an annual expenditure in excess of $10,000,000,000 
on surface transportation and its infrastructure, the Federal 
Government has not developed a clear vision of— 
(A) how the surface transportation systems of the 21st 
century will differ from the present; 
(B) how they will interface with each other and with 
other forms of transportation; 
(C) how such systems will adjust to changing American 
population patterns and lifestyles; and 
(D) the role of federally funded research and development 
in ensuring that appropriate transportation systems are 
developed and implemented; 
(2) the population of the United States is projected to increase 
by over 30,000,000 people within the next 20 years, mostly in 
existing major metropolitan areas, which will result in in-
creased traffic congestion within and between urban areas, 
more accidents, loss of productive time, and increased cost of 
transportation unless new technologies are developed to im-
prove public transportation within cities and to move people 
and goods between cities; 
(3) 18,000,000 crashes, 4,000,000 injuries, and 45,000 fatalities 
each year on the Nation's highways are intolerable and substan-
tial research is required in order to develop safer technologies in 
their most useful and economic forms; 
(4) current research and development funding for surface 
transportation is insufficient to provide the United States with 
the technologies essential to providing its own advanced 
transportation systems in the future and, as a result, the United 
States is becoming increasingly dependent on foreign surface 
transportation technologies and equipment to meet its expand-
ing surface transportation needs; 
(5) a more active, focused surface transportation research and 
development program involving cooperation among the Federal 
Government, United States based industry, and IJnited States 
universities should be organized on a priority basis; 
(6) intelligent vehicle highway systems represent the best 
near-term technology for improving surface transportation for 
public benefit by providing equipment which can improve traf-
fic flow and provide for enhanced safety; 
(7) research and development programs related to surface 
transportation 
are fragmented 
and dispersed 
throughout 
government and need to be strengthened and incorporated in an 
integrated framework within which a consensus on the goals of 
a national surface transportation research and development 
program must be developed; 
(8) the inability of government agencies to cooperate effec-
tively, the difficulty of obtaining public support for new systems 
and rights-of-way, and the high cost of capital financing discour-
age private firms from investing in the development of new 
transportation equipment and systems; therefore, the Federal 
Government should sponsor and coordinate research and devel-
opment of new technologies to provide safer, more convenient, 
and affordable transportation systems for use in the future; and 
(9) an effective high technology applied research and develop-
ment program should be implemented quickly by strengthening 
the Department of Transportation research and development 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2177 
staff and by contracting with private industry for specific devel-
opment projects. 
(b) 
SURFACE 
TRANSPORTATION RESEARCH AND DEVELOPMENT 
PLAN.— 
(1) DEVELOPMENT.—The Secretary shall develop an integrated 
national surface transportation research and development plan 
(hereinafter in this subsection referred to as the "plan"). 
(2) Focus.—The plan shall focus on surface transportation 
systems needed for urban, suburban, and rural areas in the next 
decade. 
(3) CONTENTS.—The plan shall include the following: 
(A) Details of the Department's surface transportation 
research and development programs, including appropriate 
funding levels and a schedule with milestones, preliminary 
cost estimates, appropriate work scopes, personnel require-
ments, and estimated costs and goals for the next 3 years 
for each area of research and development. 
(B) A 10-year projection of long-term programs in surface 
transportation research and development and recommenda-
tions for the appropriate source or mechanism for surface 
transportation research and development funding, taking 
into account recommendations of the Research and Devel-
opment Coordinating Council of the Department of 
Transportation and the plan of the National Council on 
Surface Transportation Research. 
(C) Recommendations on changes needed to assure that 
Federal, State, and local contracting procedures encourage 
the adoption of advanced technologies developed as a con-
sequence of the research programs in this Act. 
(4) OBJECTIVES.—The plan shall provide for the following: 
(A) The development, within the shortest period of time 
, 5 
possible, of a range of technologies needed to produce 
convenient, safe, and affordable modes of surface transpor-
tation to be avEiilable for public use beginning in the mid-
1990's. 
(B) Maintenance of a long-term advanced research and 
development program to provide for next generation sur-
face transportation systems. 
(5) COOPERATION WITH INDUSTRY.—A primary component of 
the plan shall be cooperation with industry in carrying out this 
part and strengthening the manufacturing capabilities of 
United States firms in order to produce products for surface 
transportation systems. 
(6) CONFORMANCE WITH PLAN.—All surface transportation re-
search and development within the Department of Transpor-
tation shall be included in the plan and shall be evaluated in 
accordance with the plan. 
(7) COORDINATION.—In developing the plan and carr5dng out 
this part, the Secretary shall consult with and, where appro-
priate, use the expertise of other Federal agencies and their 
laboratories. 
(8) TRANSMITTAL.—On or before January 15, 1993, and an-
nually thereafter, the Secretary shall transmit the plan to 
Congress, together with the Secretary's comments and rec-
ommendations. The Secretary shall review and update the plan 
before each transmittal under this paragraph. 
105 STAT. 2178 
PUBLIC LAW 102-240—DEC. 18, 1991 
^po'^- 
(9) RECOMMENDATIONS FOR ALTERNATIVES.—In the event a 
different technology or alternative program can be identified 
that would accomplish the same or better results than those 
described in this part, the Secretary may make recommenda-
tions for an alternative, and shall promptly report such alter-
native recommendations to Congress. 
23 use 307 note. 
SEC. 6010. NATIONAL COUNCIL ON SURFACE TRANSPORTATION RE-
SEARCH. 
(a) EsTABUSHMENT.—There is established a National Council on 
Surface Transportation Research (hereinafter in this section re-
ferred to as the "Council"). 
(b) FUNCTION.—The Council shall make a complete investigation 
and study of current surface transportation research and technology 
developments in the United States and internationally. The Council 
shall identify gaps and duplication in current surface transportation 
research efforts, determine research and development areas which 
may increase efficiency, productivity, safety, and durability in the 
Nation's surface transportation systems, and propose a national 
surface transportation research and development plan for imme-
diate implementation. 
(c) SPECIFIC MATTERS TO BE ADDRESSED.—The Council shall— 
(1) survey current surface transportation public and private 
research efforts in the United States and internationally; 
(2) examine factors which lead to fragmentation of surface 
transportation research efforts and determine how increased 
coordination in such efforts may be achieved; 
(3) compare the role of the Federal Government with the role 
of foreign governments in promoting transportation research 
and evaluate the appropriateness of United States policy on 
government-sponsored surface transportation research; 
(4) identify barriers to innovation in surface transportation 
systems; 
(5) examine the range of funding arrangements available for 
surface transportation research and development and the level 
of resources currently available for such purposes; and 
(6) identify 
surface transportation 
research areas 
and 
opportunities, including opportunities for international coopera-
tion offering potential benefit to the Nation's surface transpor-
tation system, assess the relative priority of such research areas 
and plans, and develop a plan for national surface transpor-
tation research and development which includes short-range 
and long-range objectives. 
(d) MEMBERSHIP.— 
(1) APPOINTMENT.—The Council shall be composed of 7 mem-
bers as follows: 
(A) Three members appointed by the President. 
(B) One member appointed by the Speaker of the House 
of Representatives. 
(C) One member appointed by the minority leader of the 
House of Representatives. 
(D) One member appointed by the majority leader of the 
Senate. 
(E) One member appointed by the minority leader of the 
Senate. 
(2) QUAUFICATIONS.— 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2179 
(A) IN GENERAL.—Members appointed pursuant to para-
graph (1) shall be appointed from among individuals in-
volved in surface transportation research, including rep-
resentatives of Federal, State, and local governments, other 
public agencies, colleges and universities, public, private, 
and nonprofit research organizations, and organizations 
representing transportation providers, shippers, labor, and 
the financial community. 
(B) INTERNATIONAL ADVISOR.—One of the members ap-
pointed by the President pursuant to paragraph (1)(A) shall 
serve as an international research advisor for the Council. 
(3) TERMS.—Members shall be appointed for the life of the 
Council. 
(4) VACANCIES.—A vacancy in the Council shall be filled in the 
manner in which the original appointment was made. 
(5) TRAVEL EXPENSES.—Members shall serve without pay but 
shall receive travel expenses, including per diem in lieu of 
subsistence, in accordance with sections 5702 and 5703 of title 5, 
United States Code. 
(6) CHAIRMAN.—The Chairman of the Council shall be elected 
by the members. 
(e) STAFF.—The Council may appoint and fix the pay of such 
personnel as it considers appropriate. 
(f) STAFF OF FEDERAL AGENCIES.—Upon request of the Council, the 
head of any department or agency of the United States may detail, 
on a reimbursable basis, any of the personnel of that department or 
agency to the Council to assist it in carrying out its duties under this 
section. 
(g) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of the 
Council, the Administrator of General Services shall provide to the 
Council, on a reimbursable basis, the administrative support serv-
ices necessary for the Council to carry out its responsibilities under 
this section. 
(h) OBTAINING OFFICIAL DATA.—The Council may secure directly 
from any department or agency of the United States information 
necessary for it to carry out its duties under this section. Upon 
request of the Council, the head of that department or agency shall 
furnish that information to the Council. 
(i) REPORT.—Not later than September 30, 1993, the Council shall 
transmit to Congress a final report on the results of the investiga-
tion and study conducted under this section. The report shall 
include recommendations of the Council, including a proposed na-
tional surface transportation research plan for immediate im-
plementation. 
(j) TERMINATION.—The Council shall terminate on the 180th day 
following the date of transmittal of the report under subsection (i). 
All records and papers of the Council shall thereupon be delivered to 
the Administrator of General Services for deposit in the National 
Archives. 
SEC. 6011. RESEARCH ADVISORY COMMITTEE. 
23 USC 307 note. 
(a) ESTABUSHMENT.—Not later than 180 days after the date of 
transmittal of the report to Congress under section 6010, the Sec-
retary shall establish an independent surface transportation re-
search advisory committee (hereinafter in this section referred to as 
the "advisory committee"). 
105 STAT. 2180 
PUBLIC LAW 102-240—DEC. 18, 1991 
(b) PURPOSES.—The advisory committee shall provide ongoing 
advice and recommendations to the Secretary regarding needs, 
objectives, plans, approaches, content, and accomplishments with 
respect to short-term and long-term surface transportation research 
and development. The advisory committee shall also assist in ensur-
ing that such research and development is coordinated with similar 
research and development being conducted outside of the Depart-
ment of Transportation. 
(c) MEMBERSHIP.—The advisory committee shall be composed of 
not less than 20 and not more than 30 members appointed by the 
Secretary from among individuals who are not employees of the 
Department of Transportation and who are specially qualified to 
serve on the advisory committee by virtue of their education, train-
ing, or experience. A majority of the members of the advisory 
committee shall be individuals with experience in conducting sur-
face transportation research and development. The Secretary in 
appointing the members of the advisory committee shall ensure that 
representatives of Federal, State, and local governments, other 
public agencies, colleges and universities, public, private, and non-
profit 
research organizations, and organizations 
representing 
transportation providers, shippers, labor, and the financial commu-
nity are represented on an equitable basis. 
(d) CHAIRMAN.—The chairman of the advisory committee shall be 
designated by the Secretary. 
(e) PAY AND EXPENSES.—Members of the advisory committee shall 
serve without pay, except that the Secretary may allow any 
member, while engaged in the business of the advisory committee or 
a subordinate committee, travel expenses, including per diem in lieu 
of subsistence, in accordance with sections 5702 and 5703 of title 5, 
United States Code. 
Establishment. 
(f) SUBORDINATE COMMITTEES.—The Secretary shall establish a 
subordinate committee to the advisory committee to provide advice 
on advanced highway vehicle technology research and development, 
and may establish other subordinate committees to provide advice 
on specific areas of surface transportation research and develop-
ment. Such subordinate committees shall be subject to subsections 
(e), (g), and (i) of this section. 
(g) ASSISTANCE OF SECRETARY.—Upon request of the advisory 
committee, the Secretary shall provide such information, adminis-
trative services, support staff, and supplies as the Secretary deter-
mines to be necessary for the advisory committee to carry out its 
functions. 
(h) REPORTS.—The advisory committee shall, within 1 year after 
the date of establishment of the advisory committee, and annually 
thereafter, submit to the Congress a report summarizing its activi-
ties under this section. 
(i) TERMINATION.—Section 14 of the Federal Advisory Committee 
Act shall not apply to the advisory committee established under this 
section. 
23 u s e 101 note. 
SEC. 6012. COMMEMORATION OF DWIGHT D. EISENHOWER NATIONAL 
SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS. 
(a) STUDY.—The Secretary shall conduct a study to determine an 
appropriate symbol or emblem to be placed on highway signs refer-
ring to the Interstate System to commemorate the vision of Presi-
dent Dwight D. Eisenhower in creating the Dwight D. Eisenhower 
National System of Interstate and Defense Highways. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2181 
(b) REPORT.—Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall transmit to Congress a report on the 
results of the study under this section. 
SEC. 6013. STATE LEVEL OF EFFORT. 
(a) STUDY.—Not later than 3 months after the date of the enact-
ment of this Act, the Secretary and the Director of the Bureau of 
Transportation Statistics shall begin a comprehensive study of the 
most appropriate and accurate methods of calculating State level of 
effort in funding surface transportation programs. 
(b) CONTENTS.—The study under subsection (a) shall include collec-
tion of data relating to State and local revenues collected and spent 
on surface transportation programs. Such revenues include income 
from fuel taxes, toll revenues (including bridge, tunnel, and ferry 
tolls), sales taxes, general fund appropriations, property taxes, 
bonds, administrative fees, taxes on commercial vehicles, and such 
other State and local revenue sources as the Director of the Bureau 
considers appropriate. 
(c) REPORT.—Not later than 9 months after the date of the enact-
ment of this Act, the Secretary and the Director of the Bureau shall 
transmit to the Committee on Environment and Public Works of the 
Senate and the Committee on Public Works and Transportation of 
the House of Representatives a report on the results of the study 
under this section, including recommendations on the most appro-
priate measure of State level of effort in funding surface transpor-
tation programs and comprehensive data, by State, on revenue 
sources and amounts collected by States and local governments and 
devoted to surface transportation programs. 
SEC. 6014. EVALUATION OF STATE PROCUREMENT PRACTICES. 
23 USC 112 note. 
(a) STUDY.—The Secretary shall conduct a study to evaluate 
whether or not current procurement practices of State departments 
and agencies, including statistical acceptance procedures, are ade-
quate to ensure that highway and transit systems are designed, 
constructed, and maintained so as to achieve a high quality for such 
systems at the lowest overall cost. 
(b) REPORT.—Not later than 2 years after the date of the enact-
ment of this Act, the Secretary shall transmit to the Committee on 
Public Works and Transportation of the House of Representatives 
and the Committee on Environment and Public Works of the Senate 
a report on the results of the study conducted under this section, 
together with an Eissessment of the need for establishing a national 
policy on transportation quality assurance and recommendations for 
appropriate legislative and administrative actions. 
SEC. 6015. BORDER CROSSINGS. 
Canada. 
Mexico. 
(a) IDENTIFICATION.—The Secretary, in cooperation with other 49 USC 301 note, 
appropriate Federal agencies, shall identify existing and emerging 
trade corridors and transportation subsystems that facilitate trade 
between the United States, Canada, and Mexico. 
(b) PRIORITIES AND RECOMMENDATIONS.—The Secretary shall inves-
tigate and develop priorities and recommendations for rail, high-
way, water, and air freight centers and all highway border crossings 
for States adjoining Canada and Mexico, including the Gulf of 
Mexico States and other States whose transportation subsystems 
affect the trade corridors. The recommendations shall provide for 
improvement and integration of transportation corridor subsystems, 
105 STAT. 2182 
PUBLIC LAW 102-240—DEC. 18, 1991 
methods for achieving the optimum yield from such subsystems, 
methods for increasing productivity, methods for increasing the use 
of advanced technologies, and methods to encourage the use of 
innovative marketing techniques, such as just-in-time deliveries. 
(c) MINIMUM ELEMENTS.—The highway border crossing assess-
ment under this section shall at a minimum— 
(1) determine whether or not the border crossings are in 
compliance with current Federal highway regulations and ade-
quately designed for future growth and expansion; 
(2) gissess their ability to accommodate increased commerce 
due to the United States-Canada Free Trade Agreement and 
increased trade between the United States and Mexico; and 
(3) assess their ability to accommodate increasing tourism-
related traffic between the United States, Canada, and Mexico. 
The review shall specifically address issues related to the alignment 
of United States and adjoining Canadian and Mexican highways at 
the border crossings, the development of bicycle paths and pedes-
trian walkways, and potential energy savings to be realized by 
decreasing truck delays at the border crossings and related parking 
improvements. 
(d) CONSULTATION.—In carrying out this section, the Secretary 
shall consult with appropriate Governors and representatives of the 
Republic of Mexico and Canada. 
(e) REPORT.—Not later than 18 months after the date of the 
enactment of this Act, the Secretary shall report to Congress and 
border State Governors on transportation infrastructure needs, asso-
ciated costs, and economic impacts identified and propose an agenda 
to develop systemwide integration of services for national benefits. 
23 use 307 note. 
SEC. 6016. FUNDAMENTAL PROPERTIES OF ASPHALTS AND MODIFIED 
ASPHALTS. 
(a) STUDIES.—The Administrator of the Federal Highway Adminis-
tration (hereinafter in this section referred to as the "Adminis-
trator") shall conduct studies of the fundamental chemical property 
and physical property of petroleum asphalts and modified asphalts 
used in highway construction in the United States. Such studies 
shall emphasize predicting pavement performance from the fun-
damental and rapidly measurable properties of Eisphalts and modi-
fied asphalts. 
Wyoming. 
(b) CONTRACTS.—To carry out the studies under subsection (a), the 
Administrator shall enter into contracts with the Western Research 
Institute of the University of Wyoming in order to conduct the 
necessary technical and analytical research in coordination with 
existing programs which evaluate actual performance of asphalts 
and modified asphalts in roadways, including the Strategic Highway 
Research Program. 
(c) ACTIVITIES OF STUDIES.—The studies under subsection (a) shall 
include the following activities: 
(1) Fundamental composition studies. 
(2) Fundamental physical and rheological property studies. 
(3) Asphalt-aggregate interaction studies. 
(4) Coordination 
of composition 
studies, physical 
and 
rheological property studies, and asphalt-aggregate interaction 
studies for the purposes of predicting pavement performance, 
including refinements of Strategic Highway Research Program 
specifications. 
Wyoming. 
(d) TEST STRIP.— 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2183 
(1) IMPLEMENTATION,—The Administrator, in coordination 
with the Western Research Institute of the University of 
Wyoming, shall implement a test strip for the purpose of dem-
onstrating and evaluating the unique energy and environ-
mental advantages of using shale oil modified asphalts under 
extreme climatic conditions. 
(2) FUNDING.—For the purposes of construction activities re-
lated to this test strip, the Secretary and the Director of the 
National Park Service shall make up to $1,000,000 available 
from amounts made available from the authorization for 
parkroads and parkways. 
(3) REPORT TO CONGRESS.—Not later than November 30, 1995, 
the Administrator shall transmit to Congress as part of a report 
under subsection (e) the Administrator's findings on activities 
conducted under this subsection, including an evaluation of the 
test strip implemented under this subsection and recommenda-
tions for legislation to establish a national program to support 
United States transportation and energy security requirements. 
(e) ANNUAL REPORT TO CONGRESS.—Not later than 180 days after 
the date of the enactment of this Act, and on or before November 
30th of each year beginning thereafter, the Administrator shall 
transmit to Congress a report of the progress made in implementing 
this section. 
(f) AUTHORIZATION OF APPROPRIATIONS.—The Secretary shall 
expend from administrative and research funds deducted under 
section 104(a) of this title at least $3,000,000 for each of fiscal years 
1992,1993,1994,1995, and 1996 to carry out subsection 03). 
SEC. 6017. RESEARCH AND DEVELOPMENT AUTHORITY OF SECRETARY 
OF TRANSPORTATION. 
Section 301(6) of title 49, United States Code, as redesignated by 
section 502(a) of this Act, is amended by inserting ", and including 
basic highway vehicle science" after "to aircraft noise". 
SEC. 6018. PURPOSES OF DEPARTMENT OF TRANSPORTATION. 
Section 101(b)(4) of title 49, United States Code, is amended by 
inserting ", through research and development or otherwise" after 
"advances in transportation". 
SEC. 6019. ADVANCED AUTOMOTIVE CONFERENCE AND AWARD. 
The Stevenson-Wydler Technology Innovation Act of 1980 is 
amended by inserting after section 17 the following new sections, 
and by redesignating subsequent sections and all references thereto 
15 USC 
accordingly: 
3712-3715. 
"SEC. 18. CONFERENCE ON ADVANCED AUTOMOTIVE TECHNOLOGIES. 
15 USC 3711b. 
"Not later than 180 days after the date of the enactment of this 
section, the Secretary of Commerce, through the Under Secretary of 
Commerce for Technology, in consultation with other appropriate 
officials, shall convene a conference of domestic motor vehicle 
manufacturers, parts suppliers. Federal laboratories, and motor 
vehicle users to explore ways in which cooperatively they can 
improve the competitiveness of the United States motor vehicle 
industry by developing new technologies which will enhance the 
safety and energy savings, and lessen the environmental impact of 
domestic motor vehicles, and the results of such conference shall be 
published and then submitted to the President and to the Commit-
105 STAT. 2184 
PUBLIC LAW 102-240—DEC. 18, 1991 
tees on Science, Space, and Technology and Public Works and 
Transportation of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate. 
15 use 3711c. 
"SEC. 19. ADVANCED MOTOR VEHICLE RESEARCH AWARD. 
"(a) ESTABLISHMENT.—There is established a National Award for 
the Advancement of Motor Vehicle Research and Development. The 
award shall consist of a medal, and a cash prize if funding is 
available for the prize under subsection (c). The medal shall be of 
such design and materials and bear inscriptions as is determined by 
the Secretary of Transportation. 
"(b) 
MAKING 
AND PRESENTING 
AWARD.—The 
Secretary 
of 
Transportation shall periodically make and present the award to 
domestic motor vehicle manufacturers, suppliers, or Federal labora-
tory personnel who, in the opinion of the Secretary of Transpor-
tation, have substantially improved domestic motor vehicle research 
and development in safety, energy savings, or environmental 
impact. No person may receive the award more than once every 5 
years. 
"(c) FUNDING FOR AWARD.—The Secretary of Transportation may 
seek and accept gifts of money from private sources for the purpose 
of making cash prize awards under this section. Such money may be 
used only for that purpose, and only such money may be used for 
that purpose.". 
49 use 301 note. SEC. 6020. UNDERGROUND PIPELINES. 
(a) STUDY.—The Secretary shall conduct a study to evaluate the 
feasibility, costs, and benefits of constructing and operating pneu-
matic capsule pipelines for underground movement of commodities 
other than hazardous liquids and gas. 
(b) REPORT.—Not later than 2 years after the date of the enact-
ment of this Act, the Secretary shall transmit to the Committee on 
Public Works and Transportation of the House of Representatives 
and the CJommittee on Commerce, Science, and Transportation of 
the Senate a report on the results of the study conducted under this 
section. 
SEC. 6021. BUS TESTING. 
(a) DEFINITION OF NEW BUS MODEL.—Section 12(h) of the Federal 
Transit Act (49 U.S.C. 1608(h)) is amended by inserting "(including 
any model using alternative fuels)" after "means a bus model". 
(b) DUTIES OF Bus TESTING FACIUTY.—Section 317(b)(1) of the 
Surface Transportation and Uniform Relocation Assistance Act of 
1987 (49 U.S.C. App. 1608 note) is amended— 
(1) by inserting "(including braking performance)" after 
"performance"; and 
(2) by inserting "emissions," after "fuel economy,". 
(c) FUNDING.—The first sentence of section 317(bX5) of the Surface 
Transportation and Uniform Relocation Assistance Act of 1987 is 
amended by inserting before the period at the end the following: ", 
for expansion of such facility $1,500,000 for fiscal year 1992, and for 
establishment of a revolving fund under pareigraph (6) $2,500,000 for 
fiscal year 1992". 
(d) REVOLVING 
LOAN FUND.—Section 3170t)) of the Surface 
Transportation and Uniform Relocation Assistance Act of 1987 is 
amended by adding at the end the following new paragraph: 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2185 
"(6) REVOLVING LOAN FUND.—The Secretary shall establish a 
bus testing revolving loan fund with amounts authorized for 
such purpose under paragraph (5). The Secretary shall make 
available as repayable advances amounts from the fund to the 
person described in paragraph (3) for operating and maintaining 
the facility.". 
SEC. 6022. NATIONAL TRANSIT INSTITUTE. 
The Federal Transit Act (49 U.S.C. App. 1601-1621) is amended by 
adding after section 28 the following new section: 
"SEC. 29. NATIONAL TRANSIT INSTITUTE. 
49 USC app. 
"(a) EsTABUSHMENT.—The Secretary shall make grants to Rutgers 
University to establish a national transit institute. The institute 
shall develop and administer, in cooperation with the Federal Tran-
sit Administration, State transportation departments, public transit 
agencies, and national and international entities, training programs 
of instruction for Federal, State, and local transportation employees. 
United States citizens, and foreign nationals engaged or to be 
engaged in Federal-aid transit work. Such programs may include 
courses in recent developments, techniques, and procedures relating 
to transit planning, management, environmental factors, acquisition 
and joint use of rights-of-way, engineering, procurement strategies 
for transit systems, turn-key approaches to implementing transit 
systems, new technologies, emission reduction technologies, means 
of making transit accessible to individuals with disabilities, 
construction, maintenance, contract administration, and inspection. 
The Secretary shall delegate to the institute the authority vested in 
the Secretary for the development and conduct of educational and 
training programs relating to transit. 
"(b) FUNDING.—Not to exceed one-half of 1 percent of all funds 
made available for a fiscal year beginning Eifter September 30, 1991, 
to a State or public transit agency in the State for carrying out 
sections 3 and 9 of the Federal Transit Act shall be available for 
expenditure by the State and public transit agencies in the State, 
subject to approval by the Secretary, for payment of not to exceed 80 
percent of the cost of tuition and direct educational expenses in 
connection with the education and training of State and local 
transportation department employees as provided in this section. 
"(c) PROVISION OF TRAINING.—Education and training of Federal, 
State, and local transportation employees authorized by this section 
shall be provided— 
"(1) by the Secretary at no cost to the States and local 
governments for those subject areas which are a Federal pro-
gram responsibility; or 
"(2) in any case where such education and training are to be 
paid for under subsection (b) of this section, by the State, subject 
to the approval of the Secretary, through grants and contracts 
with public and private agencies, other institutions, individuals, 
and the institute. 
"(d) FUNDING.—The Secretary shall make available in equal 
amounts from funds provided under section 21(cX3) and 21(cX4) 
$3,000,000 per fiscal year for each of fiscal years 1992, 1993, 1994, 
1995, 1996, and 1997 for carrying out this section. Notwithstanding 
any other provision of law, approval by the Secretary of a grant with 
funds made available under this subsection shall be deemed a 
105 STAT. 2186 
PUBLIC LAW 102-240—DEC. 18, 1991 
Minorities. 
Women. 
contractual obligation of the United States for payment of the 
Federal share of the cost of the project.". 
Grants. 
SEC. 6023. UNIVERSITY TRANSPORTATION CENTERS. 
(a) ADDITIONAL RESPONSIBIUTY.—Section ll(bX2) of the Federal 
Transit Act (49 U.S.C. App. 1607c(bX2)) is amended by inserting 
"transportation safety and" after "training concerning". 
(b) ESTABLISHMENT OF NEW CENTERS; PROGRAM COORDINATION.— 
Section 11(b) of such Act (49 U.S.C. App. 1607c(b)) is amended by 
striking paragraphs (7) and (8), by redesignating paragraphs (9) and 
(10) as paragraphs (14) and (15), respectively, and by inserting after 
paragraph (6) the following new paragraphs: 
"(7) NATIONAL CENTER.—To accelerate the involvement and 
participation of minority individuals and women in transpor-
tation-related professions, particularly in the science, tech-
nology, and engineering disciplines, the Secretary shall make 
grants under this section to Morgan State University to estab-
lish a national center for transportation management, research, 
and development. Such center shall give special attention to the 
design, development, and implementation of research, training, 
and technology transfer activities to increase the number of 
highly skilled minority individuals and women entering the 
transportation workforce. 
New Jersey. 
"(8) CENTER FOR TRANSPORTATION AND INDUSTRIAL PRODUCTIV-
ITY.— 
"(A) IN GENERAL.—The Secretary shall make grants 
under this section to the New Jersey Institute of Tech-
nology to establish and operate a center for transportation 
and industrial productivity. Such center shall conduct re-
search and development activities which focus on methods 
to increase surface transportation capacity, reduce conges-
tion, and reduce costs for transportation system users and 
providers through the use of transportation man^ement 
systems. 
"(B) JAMES AND MARLENE HOWARD TRANSPORTATION 
-INFORMATION CENTER.— 
"(i) GRANT.—The Secretary shall make a grant to 
Monmouth College, West Long Branch, New Jersey, for 
modification and reconstruction of Building Number 
500 at Monmouth College. 
"(ii) ASSURANCES.—Before making a grant under 
clause (i), the Secretary shall receive assurances from 
Monmouth College that— 
"(I) the building referred to in clause (i) will be 
known and designated as the 'James and Marlene 
Howard Transportation Information Center'; and 
"(II) transportation-related instruction and re-
search in the fields of computer science, electronic 
engineering, mathematics, and software engineer-
ing conducted at the building referred to in clause 
(i) will be coordinated with the (Denter for 
Transportation and Industrial Productivity at the 
New Jersey Institute of Technology, 
"(iii) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account) $2,242,000 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2187 
in fiscal year 1992 for making the grant under clause 
(i). 
"(iv) APPUCABILITY OF TITLE 23.—Funds authorized by 
clause (iii) shall be available for obligation in the same 
manner as if such funds were apportioned under chap-
ter 1 of title 23, United States Code; except that the 
Federal share of the cost of activities conducted with 
the grant under clause (i) shall be 80 percent and such 
funds shall remain available until expended. Funds 
authorized by clause (iii) shall not be subject to any 
obligation limitation. 
"(9) NATIONAL RURAL TRANSPORTATION STUDY CENTER.—The 
Secretary shall make grants under this section to the Univer-
sity of Arkansas to establish a national rural transportation 
center. Such center shall conduct research, training, and tech-
nology transfer activities in the development, management, and 
operation of intermodal transportation systems in rural areas. 
"(10) NATIONAL CENTER FOR ADVANCED TRANSPORTATION TECH-
NOLOGY.— 
"(A) IN GENERAL.—The Secretary shall make grants 
under paragraph (10) to the University of Idaho to establish 
a National Center for Advanced Transportation technology. 
Such center shall be established and operated in partner-
ship with private industry and shall conduct industry 
driven research and development activities which focus on 
transportation-related 
manufacturing 
and 
engineering 
processes, materials, and equipment. 
"(B) GRANTS.—The Secretary shall make grants to the 
University of Idaho, Moscow, Idaho, for planning, design, 
and construction of a building in which the research and 
development activities of the National Center for Advanced 
Transportation Technology may be conducted. 
"(C) 
AUTHORIZATION OF APPROPRIATIONS.—There is 
au-
thorized to be appropriated out of the Highway Trust Fund 
(other than the Mass Transit Account) $2,500,000 for fiscal 
year 1992, $3,000,000 for fiscal year 1993, and $2,500,000 for 
fiscal year 1994 for making the grants under subparagraph 
(B). 
"(D) APPLICABILITY OF TITLE 23.—Funds authorized by 
subparagraph (C) shall be available for obligation in the 
same manner as if such funds were apportioned under 
chapter 1 of title 23, United States Code, except that the 
Federal share of the cost of activities conducted with the 
grant under subparagraph (B) shall be 80 percent and such 
funds shall remain available until expended. Funds au-
thorized by subparagraph (B) shall not be subject to any 
obligation limitation. 
"(E) APPUCABIUTY OF GRANT REQUIREMENTS.—Any grant 
entered into under this paragraph shall not be subject to 
the requirements of subsection Qo) of this section. 
"(11) PROGRAM COORDINATION.— 
"(A) IN GENERAL.—The Secretary shall provide for the 
coordination of research, education, training, and tech-
nology transfer activities carried out by grant recipients 
under this subsection, the dissemination of the results of 
such research, and the establishment and operation of a 
clearinghouse between such centers and the transportation 
Arkansas. 
Idaho. 
Idaho. 
105 STAT. 2188 
PUBLIC LAW 102-240—DEC. 18, 1991 
Contracts. 
Grants. 
North Carolina. 
Florida. 
Minnesota. 
industry. The Secretary shall review and evaluate pro-
grams carried out by such grant recipients at least an-
nually. 
"(B) FUNDING.—Not to exceed 1 percent of the funds 
made available from Federal sources to carry out this 
subsection may be used by the Secretary to carry out this 
paragraph. 
"(12) OBLIGATION CEIUNG.—Amounts authorized out of the 
Highway Trust Fund (other than the Mass Transit Account) to 
carry out this subsection shall be subject to obligation limita-
tions established by section 102 of the Intermodal Surface 
Transportation Efficiency Act of 1991. 
"(13) AUTHORIZATIONS.—There shall be available from the 
Highway Trust Fund (other than the Mass Transit Account) to 
carry out this section $5,000,000 for fiscal year 1992 and 
$6,000,000 for each of the fiscal years 1993 through 1997. Not-
withstanding any other provision of law, approval by the 
Secretary of a grant under this section shall be deemed a 
contractual obligation of the United States for payment of the 
Federal share of the cost of the project.". 
SEC. 6024. UNIVERSITY RESEARCH INSTITUTES. 
Section 11 of the Federal Transit Act (49 U.S.C. App. 1607c) is 
amended by adding at the end the following new subsection: 
"(c) UNIVERSITY RESEARCH INSTITUTES.— 
"(1) INSTITUTE FOR NATIONAL SURFACE TRANSPORTATION POUCY 
STUDIES.—The Secretary shall make grants under this section to 
San Jose State University to establish and operate an institute 
for national surface transportation policy studies. Such institute 
shall— 
"(A) include both male and female students of diverse 
socioeconomic and ethnic backgrounds who are seeking 
careers in the development and operations of surface 
transportation programs; and 
"(B) conduct research and development activities to ana-
lyze ways of improving aspects of the development and 
operation of the Nation's surface transportation programs. 
"(2) INFRASTRUCTURE TECHNOLOGY INSTITUTE.—The Secretary 
shall make grants under this section to Northwestern Univer-
sity to establish and operate an institute for the study of 
techniques to evaluate and monitor infrastructure conditions, 
improve information systems for infrastructure construction 
and management, and study advanced materials and automated 
processes for construction and rehabilitation of public works 
facilities. 
"(3) URBAN TRANSIT INSTITUTE.—The Secretary shall make 
grants under this section to North Carolina A. and T. State 
University through the Institute for Transportation Research 
and Education and the University of South Florida and a 
consortium of Florida A and M, Florida State University, and 
Florida International University to establish and operate an 
interdisciplinary institute for the study and dissemination of 
techniques to address the diverse transportation problems of 
urban areeis experiencing significant and rapid growth. 
"(4) INSTITUTE FOR INTELLIGENT VEHICLE-HIGHWAY CONCEPTS.— 
The Secretary shall make grants under this section to the 
University of Minnesota, Center for Transportation Studies, to 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2189 
establish and operate a national institute for intelligent vehicle-
highway concepts. Such institute shall conduct research and 
recommend development activities which focus on methods to 
increase roadway capacity, enhance safety, and reduce negative 
environmental effects of transportation facilities through the 
use of intelligent vehicle-highway systems technologies. 
"(5) 
INSTITUTE 
FOR 
TRANSPORTATION 
RESEARCH AND EDU- North Carolina. 
CATION.—The Secretary shall make grants under this section to 
the University of North Carolina to conduct research and devel-
opment and to direct technology transfer and training for State 
and local transportation agencies to improve the overall surface 
transportation infrastructure. 
"(6) FUNDING.—There is authorized to be appropriated out of 
the Highway Trust Fund, other than the Mass Transit Account, 
for each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997 
$250,000 per fiscal year to carry out paragraph (1), $3,000,000 
per fiscal year to carry out paragraph (2), $1,000,000 per fiscal 
year to carry out paragraph (3), $1,000,000 per fiscal year to 
carry out paragraph (4), and $1,000,000 per fiscal year to carry 
out paragraph (5). 
"(7) APPLICABILITY OF TITLE 23.—Funds authorized by this 
subsection shall be available for obligation in the same manner 
as if such funds were apportioned under chapter 1 of title 23, 
United States Code.". 
PART B—INTELLIGENT VEHICLE-HIGHWAY 
SYSTEMS ACT 
SEC. 6051. SHORT TITLE. 
This part may be cited as the 
terns Act of 1991". 
Intelligent 
Vehicle-
Highway 
Systems Act of 
1991. 
23 use 307 note. 
'Intelligent Vehicle-Highway Sys-
SEC. 6052. ESTABLISHMENT AND SCOPE OF PROGRAM. 
(a) ESTABLISHMENT.—Subject to the provisions of this part, the 
Secretary shall conduct a program to research, develop, and oper-
ationally test intelligent vehicle-highway systems and promote im-
plementation of such systems as a component of the Nation's sur-
face transportation systems. 
(b) GOALS.—The goals of the program to be carried out under this 
part shall include, but not be limited to— 
(1) the widespread implementation of intelligent vehicle-high-
way systems to enhance the capacity, efficiency, and safety of 
the Federal-aid highway system and to serve as an alternative 
to additional physical capacity of the Federal-aid highway 
system; 
(2) the enhancement, through more efficient use of the Fed-
eral-aid highway system, of the efforts of the several States to 
attain air quality goals established pursuant to the Clean Air 
Act; 
(3) the enhancement of safe and efficient operation of the 
Nation's highway systems with a particular emphasis on as-
pects of systems that will increase safety and identification of 
aspects of the system that may degrade safety; 
(4) the development and promotion of intelligent vehicle-
highway systems and an intelligent vehicle-highway systems 
105 STAT. 2190 
PUBLIC LAW 102-240—DEC. 18, 1991 
industry in the United States, using authority provided under 
section 307 of title 23, United States Code; 
(5) the reduction of societal, economic, and environmental 
costs associated with traffic congestion; 
(6) the enhancement of United States industrial and economic 
competitiveness and productivity by improving the free flow of 
people and commerce and by establishing a significant United 
States presence in an emerging field of technology; 
(7) the development of a technology base for intelligent ve-
hicle-highway systems and the establishment of the capability 
to perform demonstration experiments, using existing national 
laboratory capabilities where appropriate; and 
(8) the facilitation of the transfer of transportation technology 
from national laboratories to the private sector. 
SEC. 6053. GENERAL AUTHORITIES AND REQUIREMENTS. 
(a) COOPERATION.—In carrying out the program under this part, 
the Secretary shall foster use of the program as a key component of 
the Nation's surface transportation systems and strive to transfer 
federally owned or patented technology to State and local govern-
ments and the United States private sector. As appropriate, in 
carrying out the program under this part, the Secretary shall 
consult with the Secretary of Commerce, the Administrator of the 
Environmental Protection Agency, the Director of the National 
Science Foundation, and the heads of other interested Federal 
departments and agencies and shall maximize the involvement of 
the United States private sector, colleges and universities, and State 
and local governments in all aspects of the program, including 
design, conduct (including operations and maintenance), evaluation, 
and financial or in-kind participation. 
(b) STANDARDS.—The Secretary shall develop and implement 
standards and protocols to promote the widespread use and evalua-
tion of intelligent vehicle-highway systems technology as a compo-
nent of the Nation's surface transportation systems. To the extent 
practicable, such standards and protocols shall promote compatibil-
ity among intelligent vehicle-highway systems technologies imple-
mented throughout the States. In carrying out this subsection, the 
Secretary may use the services of such existing standards-setting 
organizations as the Secretary determines appropriate. 
(c) EVALUATION GUIDELINES.—The Secretary shall establish guide-
lines and requirements for the evaluation of field and related oper-
ational tests carried out pursuant to section 6055. Any survey, 
questionnaire, or interview which the Secretary considers necessary 
to carry out the evaluation of such tests shall not be subject to the 
requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.). 
(d) INFORMATION CLEARINGHOUSE.— 
(1) EsTABUSHMENT.—The Secretary shall establish and main-
tain a repository for technical and safety data collected as a 
result of federally sponsored projects carried out pursuant to 
this part and shall make, upon request, such information 
(except for proprietary information and data) readily available 
to all users of the repository at an appropriate cost. 
(2) DELEGATION OF AUTHORITY.—The Secretary may delegate 
the responsibility of the Secretary under this subsection, with 
continuing oversight by the Secretary, to an appropriate entity 
not within the Department of Transportation. If the Secretary 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2191 
delegates such responsibility, the entity to which such respon-
sibility is delegated shall be eligible for Federal assistance 
under this part. 
(e) ADVISORY COMMITTEES.—The Secretary may utilize one or more 
advisory committees in carrying out this part. Any advisory commit-
tee so utilized shall be subject to the Federal Advisory Committee 
Act. Funding provided for any such committee shall be available 
from moneys appropriated for advisory committees as specified in 
relevant appropriations Acts and from funds allocated for research, 
development, and implementation activities in connection with the 
intelligent vehicle-highway systems program under this part. 
SEC. 6054. STRATEGIC PLAN, IMPLEMENTATION, AND REPORT TO CON-
GRESS. 
(a) STRATEGIC PLAN.— 
(1) DEVELOPMENT AND IMPLEMENTATION.—Not later than 1 
year after the date of the enactment of this Act, the Secretary 
shall develop, submit to Congress, and commence implementa-
tion of a plan for the intelligent vehicle-highway systems 
program. 
(2) SCOPE.—The plan shall— 
(A) specify the goals, objectives, and milestones of the 
intelligent vehicle-highway program and how specific 
projects relate to the goals, objectives, and milestones, 
including consideration of the 5-10- and 20-year timeframes 
for the goals and objectives; 
(B) detail the status of and challenges and nontechnical 
constraints facing the program; 
(C) establish a course of action necessary to achieve the 
program's goals and objectives; 
(D) provide for the development of standards and 
protocols to promote and ensure compatibility in the im-
plementation of intelligent vehicle-highway systems tech-
nologies; and 
(E) provide for the accelerated use of advanced technology 
to reduce traffic congestion along heavily populated and 
traveled corridors. 
(b) INTELLIGENT VEHICLE HIGHWAY SYSTEMS.—The Secretary shall 
develop an automated highway and vehicle prototype from which 
future fully automated intelligent vehicle-highway systems can be 
developed. Such development shall include research in human fac-
tors to ensure the success of the man-machine relationship. The goal 
of this program is to have the first fully automated roadway or an 
automated test track in operation by 1997. This system shall 
accommodate installation of equipment in new and existing motor 
vehicles. 
(c) IMPLEMENTATION REPORTS.— 
(1) IN GENERAL.—Not later than 2 years after the date of the 
enactment of this Act, and annually thereafter, the Secretary 
shall submit to Congress a report on implementation of the 
plan developed under subsection (a). 
(2) SCOPE OF IMPLEMENTATION REPORTS.—In preparing reports 
under this subsection, the Secretary shall— 
(A) analyze the possible and actual accomplishments of 
intelligent vehicle-highway systems projects in achieving 
congestion, safety, environmental, and energy conservation 
goals and objectives of the program; 
105 STAT. 2192 
PUBLIC LAW 102-240—DEC. 18, 1991 
(B) specify cost-sharing arrangements made, including 
the scope and nature of Federal investment, in any re-
search, development, or implementation project under the 
program; 
(C) assess nontechnical problems and constraints identi-
fied as a result of each such implementation project; and 
(D) include, if appropriate, any recommendations of the 
Secretary for legislation or modification to the plan devel-
oped under subsection (a). 
(d) NONTECHNICAL CONSTRAINTS.— 
(1) REPORT TO CONGRESS.—In cooperation with the Attorney 
General and the Secretary of Commerce, the Secretary shall 
prepare and submit, not later than 2 years after the date of the 
enactment of this Act, a report to Congress addressing the 
nontechnical constraints and barriers to implementation of the 
intelligent vehicle-highway systems program. 
(2) SCOPE OF REPORT.—The report shall— 
(A) address antitrust, privacy, educational and staffing 
needs, patent, liability, standards, and other constraints, 
barriers, or concerns relating to the intelligent vehicle-
highway systems program; 
(B) recommend legislative and administrative actions nec-
essary to further the program; and 
"'^ 
(C) address ways to further promote industry and State 
and local government involvement in the program. 
(3) UPDATE OF REPORT.—Not later than 5 years after the date 
of the enactment of this Act, the Secretary shall prepare and 
submit to Congress an update of the report under this subsec-
tion. 
SEC. 6055. TECHNICAL, PLANNING, AND OPERATIONAL TESTING PROJECT 
ASSISTANCE. 
(a) TECHNICAL ASSISTANCE AND INFORMATION.—The Secretary may 
provide planning and technical assistance and information to State 
and local governments seeking to use and evaluate intelligent ve-
hicle-highway systems technologies. In doing so, the Secretary shall 
assist State and local officials in developing plans for areawide 
traffic management control centers, necessary laws pertaining to 
establishment and implementation of such systems, and plans for 
infrastructure for such systems and in conducting other activities 
necessary for the intelligent vehicle-highway systems program. 
(b) PLANNING GRANTS.—The Secretary may make grants to State 
and local governments for feasibility and planning studies for devel-
opment and implementation of intelligent vehicle-highway systems. 
Such grants shall be made at such time, in such amounts, and 
subject to such conditions as the Secretary may determine. 
(C) EUGIBILITY OF CERTAIN TRAFFIC MANAGEMENT ENTITIES.—Any 
interagency traffic and incident management entity, including 
independent public authorities or agencies, contracted by a State 
department of transportation for implementation of a traffic 
management system for a designated corridor is eligible to receive 
Federal assistance under this part through the State department of 
transportation. 
(d) OPERATIONAL TESTING PROJECTS.—The Secretary may make 
grants to non-Federal entities, including State and local govern-
ments, universities, and other persons, for operational tests relating 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2193 
to intelligent vehicle-highway systems. In deciding which projects to 
fund under this subsection, the Secretary shall— 
(1) give the highest priority to those projects that— 
(A) will contribute to the goals and objectives specified in 
plan developed under section 6054; and 
(B) will minimize the relative percentage of Federal con-
tributions (excluding funds apportioned under section 104 
of title 23, United States Code) to total project costs; 
(2) seek to fund operational tests that advance the current 
state of knowledge and, where appropriate, build on successes 
achieved in previously funded work involving such systems; and 
(3) require that operational tests utilizing Federal funds 
under this part have a written evaluation of the intelligent 
vehicle-highway systems technologies investigated and of the 
results of the investigation which is consistent with the guide-
lines developed pursuant to section 6053(c). 
(e) AUTHORITY TO USE FUNDS.—Each State and eligible local 
entity is authorized to use funds provided under this part for 
implementation purposes in connection with the intelligent vehicle-
highway systems program. 
SEC. 6056. APPLICATIONS OF TECHNOLOGY. 
(a) IVHS CORRIDORS PROGRAM.—The Secretary shall designate 
transportation corridors in which application of intelligent vehicle-
highway systems will have particular benefit and, through financial 
and technical assistance under this part, shall assist in the develop-
ment and implementation of such systems. 
(b) PRIORITIES.—In providing funding for corridors under this 
section, the Secretary shall allocate not less than 50 percent of the 
funds made available to carry out this section to eligible State or 
local entities for application of intelligent vehicle-highway systems 
in not less than 3 but not more than 10 corridors with the following 
characteristics: 
(1) Traffic density (as a measurement of vehicle miles traveled 
per highway mile) at least 1.5 times the national average for 
such class of highway. 
(2) Severe or extreme nonattainment for ozone under the 
Clean Air Act, as determined by the Administrator of the 
Environmental Protection Agency. 
(3) A variety of types of transportation facilities, such as 
highways, bridges, tunnels, and toll and nontoU facilities. 
(4) Inability to significantly expand capacity of existing sur-
face transportation facilities. 
(5) A significant mix of passenger, transit, and commercial 
motor carrier traffic. 
(6) Complexity of traffic patterns. 
(7) Potential contribution to the implementation of the Sec-
retary's plan developed under section 6054. 
(c) OTHER CORRIDORS AND AREAS.—After the allocation pursuant 
to subsection O
t
>
)
, the balance of funds made available to carry out 
this section shall be allocated to eligible State and local entities for 
application of intelligent vehicle-highway systems in corridors and 
areas where the application of such systems and associated tech-
nologies will make a potential contribution to the implementation of 
the Secretary's plan for the intelligent vehicle-highway systems 
program under section 6054 and demonstrate benefits related to any 
of the following: 
105 STAT. 2194 
PUBLIC LAW 102-240—DEC. 18, 1991 
(1) Improved operational efficiency. 
(2) Reduced regulatory burden. 
(3) Improved commercial productivity. 
(4) Improved safety. 
(5) Enhanced motorist and traveler performance. 
Such corridors and areas may be in both urban and rural areas and 
may be interstate and intercity corridors. Uiban corridors shall 
have a significant number of the characteristics set forth in 
subsection (b). 
SEC. 6057. COMMERCIAL MOTOR VEHICLE SAFETY TECHNOLOGY. 
(a) STUDY.—The Secretary shall conduct a study to evaluate tech-
nology which is designed for installation on a commercial motor 
vehicle to provide the individual operating the vehicle with a warn-
ing if a turn, lane change, or other intended movement of the 
vehicle by the operator will place the vehicle in the path of an 
adjacent object or vehicle. 
(b) REPORT.—Not later than 2 years after the date of the enact-
ment of this Act, the Secretary shall transmit to the Committee on 
Public Works and Transportation of the House of Representatives 
and the Committee on Environment and Public Works of the Senate 
a report containing findings and recommendations concerning the 
study conducted under this section. 
SEC. 6058. FUNDING. 
(a) IVHS CORRIDORS PROGRAM.—There is authorized to be appro-
priated to the Secretary for carrying out section 6056, out of the 
Highway Trust Fund (other than the Mass Transit Account), 
$71,000,000 for fiscal year 1992 and $86,000,000 per fiscal year for 
each of fiscal years 1993 through 1997. In addition to amounts made 
available by subsection (b), any amounts authorized by this subsec-
tion and not allocated by the Secretary for carrying out section 6056 
for fiscal years 1992 and 1993 may be used by the Secretary for 
carrying out other activities authorized under this part. 
(b) OTHER IVHS ACTIVITIES.—There is authorized to be appro-
priated to the Secretary for carrying out this part (other than 
section 6056), out of the Highway Trust Fund (other than the Mass 
Transit Account), $23,000,000 for fiscal year 1992 and $27,000,000 
per fiscal year for each of fiscal years 1993 through 1997. 
(c) RESERVATION OF FUNDS.—Of the funds made available pursu-
ant to subsection (a), not less than 5 percent shall only be available 
for innovative, high-risk operational or analytical tests that do not 
attract substantial non-Federal commitments but are determined by 
the Secretary as having significant potential to help accomplish 
long-term goals established by the plan developed pursuant to sec-
tion 6054. 
(d) FEDERAL SHARE PAYABLE.—The Federal share payable on ac-
count of activities carried out under this part shall not exceed 80 
percent of the cost of such activities. The Secretary may waive 
application of the preceding sentence for projects undertaken pursu-
ant to subsection (c) of this section. The Secretary shall seek maxi-
mum private participation in the funding of such activities. 
(e) APPLICABILITY OF TITLE 23.—Funds authorized by this section 
shall be available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States Code; 
except that the Federal share of the cost of any activity under this 
section shall be determined in accordance with this section and such 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2195 
funds shall remain available until expended. Such funds shall be 
subject to the obligation limitation imposed by section 102 of this 
Act. 
SEC. 6059. DEFINITIONS. 
For the purposes of this part, the following definitions apply: 
(1) IVHS.—The term "intelligent vehicle-highway systems" 
means the development or application of electronics, commu-
nications, or information processing (including advanced traffic 
management systems, commercial vehicle operations, advanced 
traveler information systems, commercial and advanced vehicle 
control systems, advanced public transportation systems, sat-
ellite vehicle tracking systems, and advanced vehicle commu-
nications systems) used singly or in combination to improve the 
efficiency and safety of surface transportation systems. 
(2) CORRIDOR.—The term 
"corridor" means any major 
transportation route which includes parallel limited access 
highways, major arterials, or transit lines; and, with regard to 
traffic incident management, such term may include more dis-
tant transportation routes that can serve as viable options to 
each other in the event of traffic incidents. 
(3) STATE.—The term "State" has the meaning such term has 
under section 101 of title 23, United States Code. 
PART C—ADVANCED TRANSPORTATION 
fLV^^^P^ 
SYSTEMS AND ELECTRIC VEHICLES 
SEC. 6071. ADVANCED 
TRANSPORTATION 
SYSTEM 
AND ELECTRIC 
VEHICLE RESEARCH AND DEVELOPMENT CONSORTIA. 
(a) GENERAL AUTHORITY.— 
(1) PROPOSAL.—Not later than 3 months after the date of the 
enactment of this Act, an eligible consortium may submit to the 
Secretary a proposal for receiving grants made available under 
this section for electric vehicle and advanced transportation 
research and development. 
(2) CONTENTS OF PROPOSAL.—A proposal submitted under para-
graph (1) shall include— 
(A) a description of the eligible consortium making the 
proposal; 
(B) a description of the type of additional members tar-
geted for inclusion in the consortium; 
(C) a description of the eligible consortium's ability to 
contribute significantly to the development of vehicles, 
transportation systems, or related subsystems and equip-
ment, that are competitive in the commercial market and 
its ability to enable serial production processes; 
(D) a description of the eligible consortium's financing 
scheme and business plan, including any projected con-
tributions of State and local governments and other parties; 
(E) assurances, by letter of credit or other acceptable 
means, that the eligible consortium is able to meet the 
requirement contained in subsection G^XB); and 
(F) any other information the Secretary requires in order 
to make selections under this section. 
(3) GRANT AUTHORITY.—Except as provided in paragraph (4), 
not later than 6 months after the date of the enactment of this 
105 STAT. 2196 
PUBLIC LAW 102-240—DEC. 18, 1991 
Act, the Secretary shall award grants to not less than 3 eligible 
consortia. No one eligible consortium may receive more than 
one-third of the funds made available for grants under this 
section. 
(4) EXTENSION.—If fewer than 3 complete applications from 
eligible consortia have been received in time to permit the 
awarding of grants under paragraph (3), the Secretary may 
extend the deadlines for the submission of applications and the 
awarding of grants. 
(b) ELIGIBILITY CRITERIA.—To be qualified to receive assistance 
under this section, an eligible consortium shall— 
(1) be organized for the purpose of designing and developing 
electric vehicles and advanced transportation systems, or re-
lated systems or equipment, or for the purpose of enabling serial 
production processes; 
(2) facilitate the participation in the consortium of small- and 
medium-sized businesses in conjunction with large established 
manufacturers, as appropriate; 
(3) to the extent practicable, include participation in the 
consortium of defense and aerospace suppliers and manufactur-
ers; 
(4) to the extent practicable, include participation in the 
consortium of entities located in areas designated as nonattain-
ment areas under the Clean Air Act; 
(5) be designed to use State and Federal funding to attract 
private capital in the form of grants or investments to further 
the purposes stated in paragraph (1); and 
(6) ensure that at least 50 percent of the costs of the consor-
tium, subject to the requirements of subsection (a)(3), be pro-
vided by non-Federal sources. 
(c) SERVICES.—Services to be performed by an eligible consortium 
using amounts from grants made available under this part shall 
include— 
(1) obtaining funding for the acquisition of plant sites, conver-
sion of plant facilities, and acquisition of equipment for the 
development or manufacture of advanced transportation sys-
tems or electric vehicles, or other related systems or equipment, 
especially for environmentally benign and cost-effective manu-
facturing processes; 
(2) obtaining low-cost, long-term loans or investments for the 
purposes described in paragraph (1); 
(3) recruiting and training individuals for electric vehicle- and 
transit-related technical design, manufacture, conversion, and 
maintenance; 
(4) conducting marketing surveys for services provided by the 
consortium; 
(5) creating electronic access to an inventory of industry 
suppliers and serving as a clearinghouse for such information; 
(6) consulting with respect to applicable or proposed Federal 
motor vehicle safety standards; 
(7) creating access to computer architecture needed to simu-
late crash testing and to design internal subsystems and related 
infrastructure for electric vehicles and advanced transportation 
systems to meet applicable standards; and 
(8) creating access to computer protocols that are compatible 
with larger manufacturers' systems to enable small- and 
medium-sized suppliers to compete for contracts for advanced 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2197 
transportation systems and electric vehicles and other related 
systems and equipment. 
SEC. 6072. DEFINITIONS. 
For purposes of this part, the following definitions apply: 
(1) ADVANCED TRANSPORTATION SYSTEM.—The term "advanced 
transportation system" means a system of mass transportation, 
such as an electric trolley bus or alternative fuels bus, which 
employs advanced technology in order to function cleanly and 
efficiently; 
(2) ELECTRIC VEHICLE.—The term "electric vehicle" means a 
passenger vehicle, such as a van, primarily powered by an 
electric motor that draws current from rechargeable storage 
batteries, fuel cells, or other sources of electrical current, and 
that may include a nonelectrical source of supplemental power; 
and 
(3) ELIGIBLE CONSORTIUM.—The term "eligible consortium" 
means a consortium o
f
— 
(A) businesses incorporated in the United States; 
(B) public or private educational or research organiza-
tions located in the United States; 
(C) entities of State or local governments in the United 
States; or 
(D) Federal laboratories. 
SEC. 6073. FUNDING. 
Funds shall be made available to carry out this part as provided in 
section 21(b)(3)(E) of the Federal Transit Act. 
TITLE VII—AIR TRANSPORTATION 
SEC. 7001. SHORT TITLE. 
This title may be cited as the "Metropolitan Washington Airports 
Act Amendments of 1991". 
SEC. 7002. BOARD OF REVIEW. 
(a) COMPOSITION.—Section 6007(f)(1) of the Metropolitan Washing-
ton Airports Act of 1986 (49 U.S.C. App. 2456(f)(1)) is amended to 
read as follows: 
"(1) COMPOSITION.—The board of directors shall be subject to 
review of its actions and to requests, in accordance with this 
subsection, by a Board of Review of the Airports Authority. The 
Board of Review shall be established by the board of directors to 
represent the interests of users of the Metropolitan Washington 
Airports and shall be composed of 9 members appointed by the 
board of directors as follows: 
"(A) 4 individuals from a list provided by the Speaker of 
the House of Representatives. 
"(B) 4 individuals from a list provided by the President 
pro tempore of the Senate. 
"(C) 1 individual chosen alternately from a list provided 
by the Speaker of the House of Representatives and from a 
list provided by the President pro tempore of the Senate. 
In addition to the recommendations on a list provided under 
this paragraph, the board of directors may request additional 
recommendations.''. 
Metropolitan 
Washington 
Airports Act 
Amendments of 
1991. 
49 u s e app. 
2451 note. 
105 STAT. 2198 
PUBLIC LAW 102-240—DEC. 18, 1991 
49 use app. 
(b) TERMS AND QUALIFICATIONS.—Section 6007(f)(2) of such Act is 
2456. 
amended to read as follows: 
"(2) TERMS, VACANCIES, AND QUALIFICATIONS.— 
"(A) TERMS.—Members of the Board of Review appointed 
under paragraphs (1)(A) and (1)(B) shall be appointed for 
terms of 6 years. Members of the Board of Review ap-
pointed under paragraph (1)(C) shall be appointed for terms 
of 2 years. A member may serve after the expiration of that 
member's term until a successor has taken office. 
"(B) VACANCIES.—A vacancy in the Board of Review shall 
be filled in the manner in which the original appointment 
was made. Any member appointed to fill a vacancy occur-
ring before the expiration of the term for which the mem-
ber's predecessor was appointed shall be appointed only for 
the remainder of such term. 
"(C) QUALIFICATIONS.—Members of the Board of Review 
shall be individuals who have experience in aviation mat-
ters and in addressing the needs of airport users and who 
themselves 
are 
frequent 
users 
of the 
Metropolitan 
Washington Airports. A member of the Board of Review 
shall be a registered voter of a State other than Maryland, 
Virginia, or the District of Columbia. 
"(D) EFFECT OF MORE THAN 4 VACANCIES.—At any time 
that the Board of Review established under this subsection 
has more than 4 vacancies and lists have been provided for 
appointments to fill such vacancies, the Airports Authority 
shall have no authority to perform any of the actions that 
are required by paragraph (4) to be submitted to the Board 
of Review.". 
(c) PROCEDURES.—Section 6007(f)(3) of such Act is amended by 
inserting "and for the selection of a Chairman" after "proxy 
voting". 
(d) REVIEW PROCEDURE.— 
(1) ACTIONS SUBJECT TO REVIEW.—Section 6007(f)(4)(B) of such 
Act is amended— 
(A) by inserting "and any amendments thereto" before 
the semicolon at the end of clause (i); 
(B) by inserting "and an annual plan for issuance of 
bonds and any amendments to such plan" before the semi-
colon at the end of clause (ii); 
(C) in clause (iv) by striking ", including any proposal for 
land acquisition; and" and inserting a semicolon; 
(D) by striking the period at the end of clause (v) and 
inserting a semicolon; and 
(E) by adding at the end the following new clauses: 
"(vi) the award of a contract (other than a contract in 
connection with the issuance or sale of bonds which is 
executed within 30 days of the date of issuance of the 
bonds) which has been approved by the board of direc-
tors of the Airports Authority; 
"(vii) any action of the board of directors approving a 
terminal design or airport layout or modification of 
such design or layout; and 
"(viii) the authorization for the acquisition or dis-
posal of land and the grant of a long-term easement.". 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2199 
(2) RECOMMENDATIONS.—Section 6007(f)(4) of such Act is 49USCapp. 
amended by striking subparagraphs (C) and (D) and inserting ^456. 
the following new subparagraphs: 
"(C) RECOMMENDATIONS.—The Board of Review may 
make to the board of directors recommendations regarding 
an action within either (i) 30 calendar days of its submission 
under this paragraph; or (ii) 10 calendar days (excluding 
Saturdays, Sundays, and holidays, and any day on which 
neither House of Congress is in session because of an 
adjournment sine die, a recess of more than 3 days, or an 
adjournment of more than 3 days) of its submission under 
this paragraph; whichever period is longer. Such rec-
ommendations may include a recommendation that the 
action not take effect. If the Board of Review does not make 
a recommendation in the applicable review period under 
this subparagraph or if at any time in such review period 
the Board of Review decides that it will not make a rec-
ommendation on £m action, the action may take effect. 
"(D) EFFECT OF RECOMMENDATION.— 
"(i) RESPONSE.—An action with respect to which the 
Board of Review has made a recommendation in 
accordance with subparagraph (C) may only take effect 
if the board of directors adopts such recommendation 
or if the board of directors has evaluated and re-
sponded, in writing, to the Board of Review with re-
spect to such recommendation and transmits such 
action, evaluation, and response to Congress in accord-
ance with clause (ii) and the 60-calendar day period 
described in clause (ii) expires. 
"(ii) 
NONADOPTION OF RECOMMENDATION.—If 
the 
board of directors does not adopt a recommendation of 
the Board of Review regarding an action, the board of 
directors shall transmit to the Speaker of the House of 
Representatives and the President of the Senate a 
detailed description of the action, the recommeridation 
of the Board of Review regarding the action, and the 
evaluation and response of the board of directors to 
such recommendation, and the action may not take 
effect until the expiration of 60 calendar days (exclud-
ing Saturdays, Sundays, and holidays, and any day on 
which neither House of Congress is in session because 
of an adjournment sine die, a recess of more than 3 
days, or an adjournment of more than 3 days) begin-
ning on the day on which the board of directors makes 
such transmission to the Speaker of the House of Ilep-
resentatives and the President of the Senate. 
"(E) LIMITATION ON EXPENDITURES.—Unless an annual 
budget for a fiscal year has taken effect in accordance with 
this paragraph, the Airports Authority may not obligate or 
expend any money in such fiscal year, except for (i) debt 
service on previously authorized obligations, and (ii) obliga-
tions and expenditures for previously authorized capital 
expenditures and routine operating expenses.". 
(3) CONFORMING AMENDMENT.—Section 6007(f)(4) of such Act 
is further amended by striking "DISAPPROVAL PROCEDURE.—" 
and inserting "REVIEW PROCEDURE.—". 
105 STAT. 2200 
PUBLIC LAW 102-240—DEC. 18, 1991 
(e) CONGRESSIONAL DISAPPROVAL PROCEDURE.—Section 6007(f) of 
49 use app. 
such Act is amended by redesignating paragraphs (5), (6), (7), and (8) 
'*^°- 
as paragraphs (6), (7), (8), and (9), respectively, and by inserting after 
paragraph (4) the following new paragraph: 
"(5) CONGRESSIONAL DISAPPROVAL PROCEDURE.— 
"(A) IN GENERAL.—This paragraph is enacted by Con-
gress— 
"(i) as an exercise of the rulemaking power of the 
Senate and the House of Representatives, respectively, 
and as such these provisions are deemed a part of the 
rule of each House, respectively, but applicable only 
with respect to the procedure to be followed in that 
House in the case of resolutions described by this para-
graph; and they supersede other rules only to the 
extent that they are inconsistent therewith; and 
"(ii) with full recognition of the constitutional right 
of either House to change the rule (so far as relating to 
the procedure of that House) at any time, in the same 
manner and to the same extent as in the case of any 
other rule of that House. 
"(B) RESOLUTION DEFINED.—For the purpose of this para-
graph, the term 'resolution' means only a joint resolution, 
relating to an action of the board of directors transmitted to 
Congress in accordance with paragraph (4)(D)(ii), the matter 
after the resolving clause of which is as follows: 'That the 
Congress disapproves of the action of the board of directors 
of the Metropolitan Washington Airports Authority de-
scribed as follows: 
.', the blank space therein 
being appropriately filled. Such term does not include a 
resolution which specifies more than one action. 
"(C) REFERRAL.—A resolution with respect to a board of 
director's action shall be referred to the Committee on 
Public Works and Transportation of the House of Rep-
resentatives, or the Committee on Commerce, Science and 
Technology of the Senate, by the Speaker of the House of 
Representatives or the President of the Senate, as the case 
may be. 
"(D) MOTION TO DISCHARGE.—If the committee to which a 
resolution has been referred has not reported it at the end 
of 20 calendar days after its introduction, it is in order to 
move to discharge the committee from further consider-
ation of that joint resolution or any other resolution with 
respect to the board of directors action which has been 
referred to the committee. 
"(E) RULES WITH RESPECT TO MOTION.—A motion to dis-
charge may be made only by an individual favoring the 
resolution, is highly privileged (except that it may not be 
made after the committee has reported a resolution with 
respect to the same action), and debate thereon shall be 
limited to not more than 1 hour, to be divided equally 
between those favoring and those opposing the resolution. 
An amendment to the motion is not in order, and it is not in 
order to move to reconsider the vote by which the motion is 
agreed to or disagreed to. Motions to postpone shall be 
decided without debate. 
"(F) EFFECT OF MOTION.—If the motion to discharge is 
agreed to or disagreed to, the motion may not be renewed. 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2201 
nor may another motion to discharge the committee be 
made with respect to any other resolution with respect to 
the same action. 
"(G) SENATE PROCEDURE.— 
"(i) MOTION TO PROCEED.—When the committee of the 
Senate has reported, or has been discharged from fur-
ther consideration of, a resolution, it is at any time 
thereafter in order (even though a previous motion to 
the same effect has been disagreed to) to move to 
proceed to the consideration of the resolution. The 
motion is highly privileged and is not debatable. An 
amendment to the motion is not in order, and it is not 
in order to move to reconsider the vote by which the 
motion is agreed to or disagreed to. 
"(ii) LIMITATION ON DEBATE.—Debate in the Senate on 
the resolution shall be limited to not more than 10 
hours, which shall be divided equally between those 
favoring and those opposing the resolution. A motion 
further to limit debate is not debatable. An amendment 
to, or motion to recommit, the resolution is not in 
order, and it is not in order to move to reconsider the 
- 
vote by which the resolution is agreed to or disagreed 
to. 
"(iii) No DEBATE ON CERTAIN MOTIONS.—In the Senate, 
motions to postpone made with respect to the consider-
ation of a resolution and motions to proceed to the 
consideration of other business shall be decided without 
debate. 
"(iv) APPEALS.—Appeals from the decisions of the 
Chair relating to the application of the rules of the 
Senate to the procedure relating to a resolution shall 
be decided without debate. 
"(H) 
EFFECT OF ADOPTION OF RESOLUTION BY OTHER 
HOUSE.—If, before the passage by 1 House of a joint resolu-
tion of that House, that House receives from the other 
House a joint resolution, then the following procedures 
shall apply: 
"(i) The joint resolution of the other House shall not 
be referred to a committee and may not be considered 
in the House receiving it, except in the CEise of final 
passage as provided in clause (ii)(I). 
"(ii) With respect to a joint resolution described in 
clause (i) of the House receiving the joint resolution— 
"(I) the procedure in that House shall be the 
same as if no joint resolution had been received 
from the other House; but 
"(II) the vote on final passage shall be on the 
joint resolution of the other House. 
Upon disposition of the joint resolution received from the 
other House, it shall no longer be in order to consider the 
joint resolution that originated in the receiving House.". 
(f) CONFLICTS OF INTEREST; REMOVAL FOR CAUSE.—Section 6007(f) of 
such Act is further amended by adding at the end the following new 49 USC app. 
paragraphs: 
^^^^• 
"(10) CONFUCTS OF INTEREST.—In every contract or agreement 
to be made or entered into, or accepted by or on behalf of the 
Airports Authority, there shall be inserted an express condition 
105 STAT. 2202 
PUBLIC LAW 102-240—DEC. 18, 1991 
that no member of a Board of Review shall be admitted to any 
share or part of such contract or agreement, or to any benefit to 
arise thereupon. 
"(11) REMOVAL.—A member of the Board of Review shall be 
subject to removal only for cause by a two-thirds vote of the 
board of directors.". 
49USCapp. 
(g) LIMITATION ON AUTHORITY.—Section 6007(h) of such Act is 
amended by inserting "thereafter" before "shall have no". 
(h) REVIEW OF CONTRACTS.—Section 6007 of such Act is further 
amended by adding at the end the following new subsection: 
"(i) REVIEW OF CONTRACTING PROCEDURES.—The Comptroller Gen-
eral shall review contracts of the Airports Authority to determine 
whether such contracts were awarded by procedures which follow 
sound Government contracting principles and are in compliance 
Reports. 
with section 6005(c)(4) of this title. The Comptroller General shall 
submit periodic reports of the conclusions reached as a result of such 
review to the Committee on Public Works and Transportation of the 
House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate.". 
49 use app. 
SEC. 7003. AMENDMENT OF LEASE. 
The Secretary of Transportation may amend the lease entered 
into with the Metropolitan Washington Airports Authority under 
section 6005(a) of the Metropolitan Washington Airports Authority 
Act of 1986 to secure the Airports Authority's consent to the condi-
tions relating to the new Board of Review to be established pursuant 
to the amendments made by this Act. 
49 use app. 
SEC. 7004. TERMINATION 
OF 
EXISTING 
BOARD 
OF 
REVIEW 
AND 
2456 note. 
ESTABLISHMENT OF NEW BOARD OF REVIEW. 
(a) TERMINATION OF EXISTING BOARD AND ESTABLISHMENT OF NEW 
BOARD.—Except as provided in subsection (b), the Board of Review of 
the Metropolitan Washington Airports Authority in existence on 
the day before the date of the enactment of this Act shall terminate 
on such date of enactment and the board of directors of such 
Airports Authority shall establish a new Board of Review in accord-
ance with the Metropolitan Washington Airports Act of 1986, as 
amended by this Act. 
(b) PROTECTION OF CERTAIN ACTIONS.—The provisions of section 
6007(h) of the Metropolitan Washington Airports Act (49 U.S.C. App. 
2456(h)) in effect on the day before the date of the enactment of this 
Act shall apply only to those actions specified in section 6007(f)(4)(B) 
of such Act that would have been submitted to the Board of Review 
of the Metropolitan Washington Airports Authority on or after June 
17, 1991, the date on which the Board of Review of the Airports 
Authority was declared unable to carry out certain of its functions 
pursuant to judicial order. Actions taken by the Airports Authority 
and submitted to the Board of Review pursuant to section 6007(f)(4) 
of such Act prior to June 17,1991, and not disapproved, shall remain 
in effect and shall not be set aside solely by reason of a judicial order 
invalidating certain functions of the Board of Review. 
(c) LIMITATION ON AUTHORITY OF AIRPORTS AUTHORITY.—The 
Metropolitan Washington Airports Authority shall have no author-
ity to perform any of the actions that are required by section 
6007(f)(4) of the Metropolitan Washington Airports Act, as amended 
by this Act, to be submitted to the Board of Review after the date of 
the enactment of this Act until the board of directors of the Airports 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2203 
Authority establishes a new Board of Review in accordance with 
such Act and appoints the 9 members of the Board of Review. 
TITLE VIII—EXTENSION OF HIGHWAY- 
S'^rtation 
RELATED TAXES AND TRUST FUND 
^nueActof 
SEC. 8001. SHORT TITLE; AMENDMENT OF 1986 CODE. 
(a) SHORT TITLE.—This title may be cited as the "Surface 26USClnote. 
Transportation Revenue Act of 1991". 
(b) AMENDMENT OF 1986 CODE,—Except as otherwise expressly 
provided, whenever in this title an amendment or repeal is ex-
pressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to a section 
or other provision of the Internal Revenue Code of 1986, 
SEC, 8002. EXTENSION OF HIGHWAY-RELATED TAXES AND TRUST FUND. 
(a) EXTENSION OF TAXES.—The following provisions are each 
amended by striking "1995" each place it appears and inserting 
"1999": 
(1) Section 4051(c) (relating to tax on heavy trucks and trailers 26 USC 4051. 
sold at retail). 
(2) Section 4071(d) (relating to tax on tires and tread rubber). 26 USC 4071. 
(3) Section 4081(d)(1) (relating to Highway Trust Fund financ-
ing rate on gasoline). 
(4) Section 4091(b)(6)(A) (relating to Highway Trust Fund 26 USC 4091. 
financing rate on diesel fuel). 
(5) Sections 4481(c), 4482(c)(4), and 4482(d) (relating to highway 26 USC 4481, 
use tax), 
4482. 
(b) EXTENSION OF EXEMPTIONS.—The following provisions are each 
amended by striking "1995" each place it appears and inserting 
"1999": 
(1) Section 4041(f)(3) (relating to exemptions for farm use). 26 USC 4041. 
(2) Section 4041(g) (relating to other exemptions). 
(3) Section 4221(a) (relating to certain tax-free sales). 
26 USC 4221. 
(4) Section 4483(g) (relating to termination of exemptions for 26 USC 4483. 
highway use tax). 
(5) Section 6420(h) (relating to gasoline used on farms). 
26 USC 6420. 
(6) Section 6421(i) (relating to gasoline used for certain non- 26 USC 6421. 
highway purposes, etc.), 
(7) Section 6427(g)(5) (relating to advance repayment of in- 26 USC 6427. 
creased diesel fuel tax), 
(8) Section 6427(o) (relating to fuels not used for taxable 
purposes). 
(c) OTHER PROVISIONS.— 
(1) FLOOR STOCKS REFUNDS,—Section 6412(a)(1) (relating to 26 USC 6412. 
floor stocks refunds) is amended— 
(A) by striking "1995" each place it appears and inserting 
"1999", and 
(B) by striking "1996" each place it appears and inserting 
"2000", 
(2) INSTALLMENT PAYMENTS OF HIGHWAY USE TAX.—Section 
6156(e)(2) (relating to installment payments of highway use tax 
on use of highway motor vehicles) is amended by striking 26 USC 6156. 
"1995" and inserting "1999", 
105 STAT. 2204 
PUBLIC LAW 102-240—DEC. 18, 1991 
(d) EXTENSION OF DEPOSITS INTO, AND CERTAIN TRANSFERS FROM, 
TRUST FUND.— 
(1) IN GENERAL.—Subsection (b), and paragraphs (2) and (3) of 
26 use 9503. 
subsection (c), of section 9503 (relating to the Highway Trust 
Fund) are each amended— 
(A) by striking "1995" each place it appears and inserting 
"1999", and 
(B) by striking "1996" each place it appears and inserting 
"2000". 
(2) 
MOTORBOAT AND SMALL-ENGINE FUEL TAX TRANSFERS.— 
(A) IN GENERAL.—Paragraphs (4)(A)(i) and (5)(A) of section 
9503(c) are each amended by striking "1995" and inserting 
"1997". 
(B) CONFORMING 
AMENDMENTS TO LAND AND WATER 
CONSERVATION FUND.—Section 201(b) of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 4601-11) is amend-
ed— 
(i) by striking "1995" and inserting "1997", and 
(ii) by striking "1996" each place it appears and 
inserting "1998". 
(C) EXTENSION OF EXPENDITURES FROM BOAT SAFETY AC-
26 use 9504. 
COUNT.—Subsection (c) of section 9504 is amended by strik-
ing "1994" and inserting "1998". 
(e) EXTENSION AND EXPANSION OF EXPENDITURES FROM TRUST 
FUND.— 
(1) EXPENDITURES.—Subsections (c)(1) and (e)(3) of section 9503 
are each amended by striking "1993" and inserting "1997". 
(2) PURPOSES.—Paragraph (1) of section 9503(c) is amended by 
striking subparagraph (D) and inserting the following: 
"(D) authorized to be paid out of the Highway Trust Fund 
under the Intermodal Surface Transportation Efficiency 
Act of 1991. 
In determining the authorizations under the Acts referred to in 
the preceding subparagraphs, such Acts shall be applied as in 
effect on the date of the enactment of the Intermodal Surface 
Transportation Efficiency Act of 1991." 
(f) EXPANSION OF MASS TRANSIT ACCOUNT EXPENDITURE PUR-
POSES.—Paragraph (3) of section 9503(e) is amended— 
(1) by inserting "or capital-related" after "capital" the first 
place it appears, and 
(2) by striking "in accordance with section 21(a)(2) of the 
Urban Mass Transportation Act of 1964." and inserting "in 
accordance with— 
"(A) paragraph (1) or (3) of subsection (a), or paragraph (1) 
or (3) of subsection (b), of section 21 of the Federal Transit 
Act, or 
"(B) the Intermodal Surface Transportation Efficiency 
Act of 1991, 
as such Acts are in effect on the date of the enactment of the 
Intermodal Surface Transportation Efficiency Act of 1991." 
23 u s e 101 note. 
(g) USE OF REVENUES FOR ENFORCEMENT OF HIGHWAY T R U S T F U N D 
TAXES.—The Secretary of Transportation shall not impose any 
condition on the use of funds transferred under section 1040 of this 
Reports. 
Act to the Internal Revenue Service. The Secretary of the Treasury 
shall, at least 60 days before the beginning of each fiscal year (after 
fiscal year 1992) for which such funds are to be transferred, submit a 
report to the Committee on Ways and Means of the House of 
PUBLIC LAW 102-240—DEC. 18, 1991 
105 STAT. 2205 
Representatives and the Committee on Finance of the Senate detail-
ing the increased enforcement activities to be financed with such 
funds with respect to taxes referred to in section 9503(bXl) of the 
Internal Revenue Code of 1986. 
(h) TAX EVASION REPORT.—The Secretary of Transportation shall 23 use lOl note, 
also submit each report prepared pursuant to section 1040(d) of this 
Act to the Committee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of the Senate not later 
than the applicable date specified therein. 
(i) EXPENDITURES FROM SPORT FISH RESTORATION ACCOUNT.— 
Subparagraph (B) of section 95040>X2) is amended to read as follows: 26 USC 9504. 
"(B) to carry out the purposes of the Coastal Wetlands 
Planning, Protection and Restoration Act (as in effect on 
November 29,1990)." 
SEC. 8003. NATIONAL RECREATIONAL TRAILS TRUST FUND. 
(a) IN GENERAL.—Subchapter A of chapter 98 (relating to trust 
fund code) is amended by adding at the end thereof the following 
new section: 
"SEC. 9511. NATIONAL RECREATIONAL TRAILS TRUST FUND. 
26 USC 9511. 
"(a) CREATION OF TRUST FUND.—There is established in the Treas-
ury of the United States a trust fund to be known as the "National 
Recreational Trails Trust Fund", consisting of such amounts as may 
be credited or paid to such Trust Fund as provided in this section, 
section 9503(c)(6), or section 96020^). 
"(b) CREDITING OF CERTAIN UNEXPENDED FUNDS.—There shall be 
credited to the National Recreational Trails Trust Fund amounts 
returned to such Trust Fund under section 1302(eX8) of the Inter-
modal Surface Transportation Efficiency Act of 1991. 
"(c) EXPENDITURES FROM TRUST FUND.—Amounts in the National 
Recreational Trails Trust Fund shall be available, as provided in 
appropriation Acts, for making expenditures before October 1, 1997, 
to carry out the purposes of sections 1302 and 1303 of the Intermodal 
Surface Transportation Efficiency Act of 1991, as in effect on the 
date of the enactment of such Act." 
(b) CERTAIN HIGHWAY TRUST FUND RECEIPTS PAID INTO NATIONAL 
RECREATIONAL TRAILS TRUST FUND.—Subsection (c) of section 9503 is 26 USC 9503. 
amended by adding at the end thereof the following new paragraph: 
"(6) TRANSFERS FROM TRUST FUND OF CERTAIN RECREATIONAL 
FUEL TAXES, ETC.— 
"(A) IN GENERAL.—The Secretary shall pay from time to 
time from the Highway Trust Fund into the National Rec-
reational Trails Trust Fund amounts (as determined by 
him) equivalent to 0.3 percent (as adjusted under subpara-
graph (O) of the total Highway Trust Fund receipts for the 
period for which the payment is made. 
"(B) LIMITATION.—The amount paid into the National 
Recreational Trails Trust Fund under this paragraph 
-, 
during any fiscal year shall not exceed the amount obli-
gated under section 1302 of the Intermodal 
Surface 
Transportation Efficiency Act of 1991 (as in effect on the 
date of the enactment of this paragraph) for such fiscal year 
to be expended from such Trust Fund. 
"(C) ADJUSTMENT OF PERCENTAGE.— 
"(i) FIRST YEAR.—Within 1 year after the date of the 
enactment of this parsigraph, the Secretary shall adjust 
105 STAT. 2206 
PUBLIC LAW 102-240—DEC. 18, 1991 
the percentsige contained in subparagraph (A) so that it 
corresponds to the revenues received by the Highway 
Trust Fund from nonhighway recreational fuel taxes, 
"(ii) SUBSEQUENT YEARS.—Not more frequently than 
once every 3 years, the Secretary may increase or 
decrease the percentage established under clause (i) to 
reflect, in the Secretary's estimation, changes in the 
amount of revenues received in the Highway Trust 
Fund from nonhighway recreational fuel taxes. 
"(iii) AMOUNT OF ADJUSTMENT.—Any adjustment 
under clause (ii) shall be not more than 10 percent of 
the percentage in effect at the time the adjustment is 
made. 
"(iv) USE OF DATA.—In making the adjustments 
under clauses (i) and (ii), the Secretary shall take into 
account data on off-highway recreational vehicle reg-
istrations and use. 
"(D) NONHIGHWAY RECREATIONAL FUEL TAXES.—For pur-
poses of this paragraph, the term 'nonhighway recreational 
fuel taxes' means taxes under section 4041, 4081, and 4091 
(to the extent attributable to the Highway Trust Fund 
financing rate) with respect to— 
"(i) fuel used in vehicles on recreational trails or 
back country terrain (including vehicles registered for 
highway use when used on recreational trails, trail 
access roads not eligible for funding under title 23, 
United States Code, or back country terrain), and 
"(ii) fuel used in campstoves and other nonengine 
uses in outdoor recreational equipment. 
Such term shall not include small-engine fuel taxes (as 
defined by paragraph (5)) and taxes which are credited or 
refunded. 
"(E) TERMINATION.—No amount shall be paid under this 
paragraph after September 30,1997.". 
(c) CLERICAL AMENDMENT.—The table of sections for subchapter A 
of chapter 98 is amended by adding at the end thereof the following 
new item: 
"Sec. 9511. National Recreational Trails Trust Fund.". 
26 use 9503 
(d) REPORT ON NONHIGHWAY RECREATIONAL FUEL TAXES.—The 
note. 
Secretary of the Treasury shall, within a reasonable period after the 
close of each of fiscal years 1992 through 1996, submit a report to the 
Committee on Ways and Means of the House of Representatives and 
the Committee on Finance of the Senate specifying his estimate of 
the amount of nonhighway recreational fuel taxes (as defined in 
section 9503(c)(6) of the Internal Revenue Code of 1986, as added by 
this Act) received in the Treasury during such fiscal year. 
49USCapp. 
SEC. 8004. COMMUTE-TO-WORK BENEFITS. 
(a) FINDINGS.—The Congress finds that— 
(1) current Federal policy places commuter transit benefits at 
a disadvantage compared to drive-to-work benefits; 
(2) this Federal policy is inconsistent with important national 
policy objectives, including the need to conserve energy, reduce 
reliance on energy imports, lessen congestion, and clean our 
Nation's air; 
PUBLIC LAW 102-240—DEC. 18, 1991 
> 
105 STAT. 2207 
(3) commuter transit benefits should be part of a compre-
hensive solution to national transportation 'and air pollution 
problems; 
(4) current Federal law allows employers to provide only up to 
$21 per month in employee benefits for transit or van pools; 
(5) the current "cliff provision", which treats an entire com-
muter transit benefit as taxable income if it exceeds $21 per 
month, unduly penalizes the most effective employer efforts to 
change commuter behavior; 
(6) employer-provided commuter transit incentives offer many 
public benefits, including increased access of low-income per-
sons to good jobs, inexpensive reduction of roadway and parking 
congestion, and cost-effective incentives for timely arrival at 
work; and 
(7) legislation to provide equitable treatment of employer-
provided commuter transit benefits has been introduced with 
bipartisan support in both the Senate and House of Representa-
tives. 
(b) PoucY.—The Congress strongly supports Federal policy that 
promotes increased use of employer-provided commuter transit 
benefits. Such a policy "levels the playing field" between transpor-
tation modes and is consistent with important national objectives of 
energy conservation, reduced reliance on energy imports, lessened 
Congestion, and clean air. 
SEC. 8005. BUDGET COMPLIANCE. 
(a) IN GENERAL.—If obligations provided for programs pursuant to 
this Act for fiscal year 1992 will cause— 
(1) the total outlays in any of the fiscal years 1992 through 
1995 which result from this Act, to exceed 
(2) the total outlays for such programs in any such fiscal yeelr 
wbich result from appropriation Acts for fiscal year 1992 and 
are attributable to obligations for fiscal year 1992, 
then the Secretary of Transportation shall reduce proportionately 
the obligations provided for each program pursuant to this Act for 
fiscal year 1992 to the extent required to avoid such excess outlays. 
(b) COORDINATION WITH OTHER PROVISIONS.—The provisions of this 
section shall apply, notwithstanding any provision of this Act to the 
contrary. 
Approved December 18, 1991. 
LEGISLATIVE HISTORY—H.R. 2950 (S. 1204): 
HOUSE REPORTS: Nos. 102-171, Pt. 1 (Comm. on Public Works and Transportation) 
and Pt. 2 (Comm. on Ways and Means), and 102-404 (Comm. of 
Conference). 
SENATE REPORTS: No. 102-71 accompanying S. 1204 (Comm. on Environment and 
Public Works). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
June 11-14, 17-19, S. 1204 considered and passed Senate. 
Oct. 23, H.R. 2950 considered and passed House. 
Oct. 31, considered and passed Senate, amended, in lieu of S. 1204. 
Nov. 26, House agreed to conference report. 
Nov. 27, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 27 (1991): 
Dec. 18, Presidential remarks and statement. 
o