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Intermodal Surface Transportation Efficiency Act of 1991
H.R. 2950-
Agreed to One Hundred Second Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday, the third day of January, one thousand nine hundred and ninety-one
An Act
TITLE
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 ``Intermodal Surface Transportation Efficiency Act of 1991''.
SEC. 2. DECLARATION OF POLICY: INTERMODAL SURFACE TRANSPORTATION
EFFICIENCY ACT.
It is the policy of the United States to develop a National Intermodal 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 development and supporting the Nation's preeminent position in international 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 conservation, 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 increased 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 operated 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 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 considerations and techniques for cost allocation.
The National Intermodal Transportation System, where appropriate, will be financed, as 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 economically 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.
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 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 apportionments 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 appropriated 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 Interstate and Defense Highways, using the apportionment factors contained in revised table 5 of the Committee Print Numbered 102 24 of the Committee on Public Works and Transportation of the House of Representatives.
(c) Extension of Apportionment.-Section 104(b)(5)(A) of title 23, United States Code, is amended by striking ``1960 through 1990'' each place it appears and inserting ``1960 through 1996''.
(d) Extension of Administrative Adjustment of ICE.-Section 104(b)(5)(A) 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 Surface 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 subparagraph 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 construction funds, (ii) previous withdrawals of interstate segments, (iii) previous allocations of interstate discretionary funds, and (iv) transfers of interstate construction funds.''.
(e) Allocation of Funds to Massachusetts.-Section 104(b)(5)(A) of title 23, United States Code, is amended by 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.''.
(f) Authorization of Appropriations.-The first sentence of subsection (b) 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 following: ``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 September 30, 1996.''.
(g) Declaration of Policy.-The second paragraph of section 101(b) of such title is amended-
(1) by 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,''.
SEC. 1002. OBLIGATION CEILING.
(a) General Limitation.-Notwithstanding any other provision of law (other than subsection (f) of this section), the total of all obligations 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 Transportation Assistance Act of 1982;
(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 (b) 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 limitation 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 allocated 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 allocated 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 pursuant to the next to the last sentence of section 104(b)(5)(A) 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 ubsection for such fiscal year.
(e) Redistribution of Unused Obligation Authority.-Notwithstanding 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 unobligated balances of funds apportioned under sections 104 and 144 of title 23, United States Code; and
(3) not distribute amounts authorized for administrative expenses, 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.-
(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) and (e) may obligate for Federal-aid highways and highway safety construction 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(e)(4) of such title,
which are not obligated on the date such State completes obligation of the amount so distributed.
(2) Limitation on additional obligation 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 applicability.-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 Ceiling for Highway Safety Programs.-Notwithstanding 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 Surface 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, $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) Public 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 Administration $10,000,000 for
each of fiscal years 1992, 1993, 1994, 1995, 1996, and 1997.
(b) 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 following 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 disadvantaged 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 individuals.-The term ``socially and economically disadvantaged individuals'' has the meaning such term has under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant 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 listing of disadvantaged business enterprises.-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 controlled by women, by socially and economically disadvantaged individuals (other than women), and by individuals who are women and are also otherwise socially and economically disadvantaged 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 enterprises 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 requirement of the program for 10 percent participation by disadvantaged business enterprises by contracting with contractors located in another State and a determination to what degree prime contractors use out-of-State disadvantaged business enterprises even when disadvantaged 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 disadvantaged business enterprises.
(v) Performance and financial capabilities.-Recommendations for additions and revisions to criteria used to determine the performance and financial capabilities of disadvantaged business enterprises enrolled 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 additional costs incurred by the Federal Highway Administration 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 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 Authorizations for Budget Compliance.-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 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.
(b) 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 paragraph 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 paragraph 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 reservation roads by striking ``, including roads on the Federal-aid systems,''; and
(4) in the undesignated paragraph 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 section relating to the Interstate System is amended by inserting ``Dwight
D. Eisenhower'' before ``National''.
(f) 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 improvement for installation of traffic surveillance and control equipment, computerized signal systems, motorist information systems, integrated 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 improvements, 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; Carpool Project; Public Authority; Public Lands Highway; Reconstruction.- Such section is further amended by inserting after the undesignated paragraph relating to Interstate System the following 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 existing 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 government 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 following new subsections:
``(a) In General.-For purposes of this title, the Federal-aid systems 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 consist of the following:
``(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 highways (including toll facilities) which provide motor vehicle access between such an arterial and a major port, airport, public transportation facility, or other intermodal transportation 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 Environment 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 designation to such system. The Secretary may modify or revise such proposals and submit such modified or revised proposals to Congress for approval in accordance with paragraph (3).
``(C) A strategic highway network which is a network of highways which are important to the United States strategic defense policy and which provide defense access, continuity, 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 Secretary 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 appropriate Federal agencies and the States and subject to approval 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 Secretary 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 consult 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 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 highways 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 Highway 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.-
(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.-
(1) State action.-Each State shall functionally reclassify the roads and streets in such State in accordance with such guidelines and time schedule as the Secretary may establish in order to carry out the objectives of this section, including the amendments made by this section.
(2) Approval and submission to congress.-Not later than September 30, 1993, the Secretary shall approve the functional reclassification of roads and streets made by the States pursuant 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-
``(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 National Highway System.
``(5) Transportation planning in accordance with sections 134 and 135.
``(6) Highway research and planning in accordance with section 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 operable 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 regulations, participation in wetlands mitigation efforts related to projects funded under this title, which may include participation 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). Contributions 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.''.
(e) Apportionments.-Section 104(b)(1) 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 (b)(3). A State may transfer not to exceed 100 percent of the State's apportionment under subsection (b)(1) to the apportionment of the State under subsection (b)(3) if the State requests to make such transfer and the Secretary approves such transfer as being in the public interest, after providing notice and sufficient opportunity for public comment. 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) Prevailing 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 States.-
(1) Reconstruction projects.-If the Secretary determines, after consultation with the Secretary of Defense, that a highway, 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) Establishment of Program.-
(1) In general.-Chapter 1 of title 23, United States Code, is amended by inserting after section 132 the following new section:
``Sec. 133. Surface transportation program
``(a) Establishment.-The Secretary shall establish a surface transportation program in accordance with this section.
``(b) Eligible 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 structures, 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.
``(3) Carpool projects, fringe and corridor parking facilities and programs, and bicycle transportation and pedestrian walkways 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 technology transfer programs.
``(6) Capital and operating costs for traffic monitoring, management, and control facilities and programs.
``(7) Surface transportation planning programs.
``(8) Transportation enhancement activities.
``(9) Transportation control measures listed in section 108(f)(1)(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 regulations, participation in wetlands mitigation efforts related to projects funded under this title, which may include participation 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). Contributions 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 (b)(1), surface transportation program projects (other than those described in subsections (b) (3) and (4)) may not be undertaken on roads functionally classified 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 apportioned to a State under section 104(b)(3) for the surface transportation program for a fiscal year shall only be available 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 apportioned to the State in fiscal year 1991 under such section.
``(2) For transportation enhancement activities.-10 percent of the funds apportioned to a State under section 104(b)(3) 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 subparagraphs (C) and (D), 62.5 percent of the remaining 80 percent of the funds apportioned to a State under section 104(b)(3) for a fiscal year shall be obligated under this section-
``(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 population. 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 urbanized area.
``(B) Special rule for areas of less than 5,000 population.-Of the amounts required tobe obligated under subparagraph (A)(ii), the State shall obligate in areas of the State (other than urban areas with a population greater than 5,000) an amount which is not less than 110 percent of the amount of funds apportioned to the State for the Federal-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 (A)(i) shall be obligated in urbanized areas described in subparagraph (A)(i) 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 permission to do so and the Secretary grants the request.
``(4) 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.
``(e) Administration.-
``(1) Noncompliance.-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(b)(3) 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 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 payments to a State of costs incurred by the State for the surface transportation 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 determining population figures for purposes of this section.
``(f) Allocation of Obligation 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(b)(3) shall allocate during the 6-fiscal year period 1992 through 1997 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction for use in such area determined by multiplying-
``(1) the aggregate amount of funds which the State is required 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 apportioned to the State for Federal-aid highways and highway safety construction (excluding sums not subject to an obligation limitation) 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(b)(3) of title 23, United States Code, is amended to read as follows:
``(3) Surface transportation program.-
``(A) General rule.-For the surface transportation program 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 apportionments 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 (5)(B) for Interstate maintenance, and under this paragraph; and
``(ii) a State's 1987 1991 percentage share of apportionments is the State's percentage share of all apportionments and allocations under this title for fiscal years 1987, 1988, 1989, 1990, and 1991 (except apportionments and allocations for Interstate construction under sections 104(b)(5)(A) and 118, Interstate highway substitute under section 103(e)(4), Federal lands highways under section 202, and emergency relief under section 125, all allocations under section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and the portion of allocations under section 157 (relating to minimum allocation) that would be attributable to apportionments made under Interstate 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 \1/2\ 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. Notwithstanding 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 further amended-
(A) in subsections (a) and (b) by striking ``upon the Federal-aid systems'' and inserting ``on the surface transportation 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, archaeological planning and research, and mitigation of water pollution due to highway runoff.''.
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:
``Sec. 149. Congestion mitigation and air quality improvement program
``(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 Administrator 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 implementation 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 reductions 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 occupant 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 eligible 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 nonattainment 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 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 nonattainment area under such subpart;
``(D) 1.3 if the area is classified as a severe ozone nonattainment 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 population, the weighted nonattainment area population of the area, as determined under the preceding provisions of this paragraph, shall be further multiplied by a factor 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. Notwithstanding any other provision of this paragraph, each State shall receive a minimum apportionment of \1/2\ 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 undertaken 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 make available to the States criteria for determining-
(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:
``Sec. 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 construction 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 activities shall be eligible under this section when a State can demonstrate, through its pavement management system, that such activities are a cost-effective means of extending Interstate pavement 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 Program'';
(D) in subsection (f)(1) by striking ``rehabilitating, or reconstructing'' 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 education program to help prevent and reduce motor vehicle accidents, injuries, and fatalities and to improve driver performance at railway-highway crossings.
``(2) Railway-highway crossing hazard elimination in high speed rail corridors.-(A) Before making an apportionment of funds under subsection (b)(3) 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 crossings 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 (2)(A), 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 account 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 corridors.''.
SEC. 1011. SUBSTITUTE PROGRAM.
(a) Highway Projects.-
(1) Authorization of appropriations.-Section 103(e)(4)(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 paragraph.''.
(2) Distribution.-Section 103(e)(4)(H) 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 apportionments''; and
(C) by striking ``and 1991.'' and inserting ``1991, 1992, 1993, 1994, and 1995.''.
(b) Transit Projects.-Section 103(e)(4)(J) of such title is amended-
(1) in clause (i) by inserting after ``1983,'' the following: ``and ending before October 1, 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.''.
(c) Period of Availability.-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.-Notwithstanding 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 rehabilitating 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 construction 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.
``(3) Limitations on use of revenues.-Before the Secretary may permit Federal participation under this subsection in construction of a highway, bridge, or tunnel located in a State, the public authority (including the State transportation department) having jurisdiction over the highway, bridge, or tunnel must enter into an agreement with the Secretary which provides 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 maintenance 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 highway, bridge, or tunnel under the jurisdiction of a public authority of a State (other than the State transportation department), upon request of the State transportation department and subject 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 was being carried out by such department. The reimbursement of funds under this paragraph 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 provided in this paragraph, 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 percent 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 highway, 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 continuation of tolls in accordance with paragraph (3) without repayment 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 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 construction 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.''.
(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.
(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 availability 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 Public Operation Requirement for Toll Ferries.- Section 129 of such title is amended-
(1) by striking subsections (b), (c), (d), (e), (h), (i), and (k);
(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 (c)(4) 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 under section 129(a)(6) 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 agreement and such section 119(e) or 129.
(e) Special Rule for Certain Existing Toll Facility Agreements.- 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 continuance of tolls without repayment of Federal funds. Revenues collected 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 jurisdiction of such non-Federal party, including debt service and costs related to the construction, reconstruction, restoration, repair, operation and maintenance of such facilities.
(f) Voiding of Certain Agreements for I-78 Delaware River Bridge.- Upon the joint request of the State of Pennsylvania, the 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, Pennsylvania, 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
(3) to the extent that toll revenues exceed the amount necessary for paragraphs (1) and (2), such excess may be used with respect to any other bridge under the jurisdiction of the Delaware 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 1989-1991'';
(2) in paragraph (3) by striking ``and each fiscal year thereafter,'' 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 Highway 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 rehabilitation''; and
(4) by inserting after the first sentence the following: ``\1/2\ of the amounts allocated pursuant to subsection (a) after September 30, 1991, shall be subject to section 133(d)(3) of this title.''.
(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 provided under this subsection for a fiscal year shall be apportioned 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 year, up to the highest common return on contributed dollar that can be funded with the annual authorizations provided under this subsection.
(B) Applicability 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 transportation 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:
``Sec. 160. Reimbursement for segments of the Interstate System constructed 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 contributions 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 constructing the Interstate System, and the total reimbursable amount for each State is set forth in the following table:
| States |
Original cost in millions |
Reimbursment percentage |
Reimbursable amount in millions |
| Alabama |
$9 |
0.50 |
$147 |
| Alaska |
- |
0.50 |
$147 |
| Arizona |
$20 |
0.50 |
$147 |
| Arkansas |
$6 |
0.50 |
$147 |
| California |
$298 |
5.42 |
$1,591 |
| Colorado |
$23 |
0.50 |
$147 |
| Connecticut |
$314 |
5.71 |
$1,676 |
| Delaware |
$39 |
0.71 |
$209 |
| Florida |
$31 |
0.56 |
$164 |
| Georgia |
$46 |
0.84 |
$246 |
| Hawaii |
- |
0.50 |
$147 |
| Idaho |
- |
0.50 |
$147 |
| Illinois |
$475 |
8.62 |
$2,533 |
| Indiana |
$167 |
3.03 |
$892 |
| Iowa |
$5 |
0.50 |
$147 |
| Kansas |
$101 |
1.84 |
$540 |
| Kentucky |
$32 |
0.57 |
$169 |
| Louisiana |
$22 |
0.50 |
$147 |
| Maine |
$38 |
0.69 |
$204 |
| Maryland |
$38 |
2.79 |
$820 |
| Massachusetts |
$283 |
5.14 |
$1,511 |
| Michigan |
$228 |
4.14 |
$1,218 |
| Minnesota |
$16 |
0.50 |
$147 |
| Mississippi |
$6 |
0.50 |
$147 |
| Missouri |
$74 |
1.35 |
$396 |
| Montana |
$5 |
0.50 |
$147 |
| Nebraska |
$1 |
0.50 |
$147 |
| Nevada |
$2 |
0.50 |
$147 |
| New Hampshire |
$8 |
0.50 |
$147 |
| New Jersey |
$353 |
6.41 |
$1,882 |
| New Mexico |
$8 |
0.50 |
$147 |
| New York |
$929 |
16.88 |
$4,960 |
| North Carolina |
$36 |
0.65 |
$191 |
| North Dakota |
$3 |
0.50 |
$147 |
| Ohio |
$257 |
4.68 |
$1,374 |
| Oklahoma |
$91 |
1.66 |
$486 |
| Oregon |
$78 |
1.42 |
$417 |
| Pennsylvania |
$354 |
6.43 |
$1,888 |
| Rhode Island |
$12 |
0.50 |
$147 |
| South Carolina |
$4 |
0.50 |
$147 |
| South Dakota |
$5 |
0.50 |
$147 |
| Tennessee |
$7 |
0.50 |
$147 |
| Texas |
$200 |
3.64 |
$1,069 |
| Utah |
$6 |
0.50 |
$147 |
| Vermont |
$1 |
0.50 |
$147 |
| Virginia |
$111 |
2.01 |
$591 |
| Washington |
$73 |
1.32 |
$389 |
| West Virginia |
$5 |
0.50 |
$147 |
| Wisconsin |
$8 |
0.50 |
$147 |
| Wyoming |
$9 |
0.50 |
$147 |
| D.C. |
$9 |
0.50 |
$147 |
| TOTALS |
$4,967 |
100.00 |
$29,384 |
``(d) Transfer of Reimbursable Amounts to STP Apportionment.- 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 Applicability of Certain Requirements of STP Program.-The following provisions of section 133 of this title shall not apply to \1/2\ 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 System constructed without Federal assistance.''.
(c) Kansas Projects.-
(1) United states route 50.-The State of Kansas shall obligate 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 obligated 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 obligate in fiscal years 1996 and 1997 such sums as may be necessary 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) Nonapplicability 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.
(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(e)(4) 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 |
| |
Goergia |
2.97 |
| |
Hawaii |
0.57 |
| |
Idaho |
0.69 |
| |
Illinois |
3.72 |
| |
Indiana |
2.20 |
| |
Iowa |
1.25 |
| |
Kansas |
1.14 |
| |
Kentucky |
1.52 |
| |
Louisiana |
1.55 |
| |
Maine |
0.50 |
| |
Maryland |
1.69 |
| |
Massachusetts |
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(e)(4) for Interstate highway substitute, section 144 of such title, section 157 of such title, section 202 of such title for the Federal lands highways program, section 1013(c) of this Act for the donor State bonus program, section 160 of such title for the reimbursement program, and subsection (a) of this section for hold harmless is not less than 90 percent of the estimated tax payments 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 apportionment.-Subject to subsection (d) of this section, the Secretary shall transfer amounts allocated to a State pursuant to paragraph (1) to the apportionment of such State under section 104(b)(3) for the surface transportation program.
(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 apportionment of such State under section 104(b)(3) of title 23, United States Code, for the surface transportation program.
(d) Limitation on Applicability of Certain Requirements of STP Program.-The following provisions of section 133 of title 23, United States Code, shall not apply to \1/2\ of the amounts added under subsection (a) to the apportionment of the State for the surface transportation program and of amounts transferred under subsections (b) and (c) to such apportionment:
(1) Subsection (d)(1).
(2) Subsection (d)(2).
(3) Subsection (d)(3).
(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 Reimbursement.- Section 102 of title 23, United States Code, is amended to read as follows:
``Sec. 102. Program efficiencies
``(a) HOV Passenger Requirements.-A State highway department shall establish the occupancy requirements of vehicles operating 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 commenced 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 provision 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 notification, the Secretary shall undertake project review only as requested 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.''.
(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 Highway 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 Non-NHS Projects.-Section 109 of such title is amended by adding at the end the following new subsection:
``(p) Compliance With State Laws for Non-NHS 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.''.
(f) 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 (l)(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 transportation'' before ``construction,'';
(C) by striking subsection (b) 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 106(b), 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 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(c)(3) 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 apportioned 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 incorporated 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 reimbursement 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 provided, 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 coordinated land use, environment, and transportation planning 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 approved for Federal participation, environmental compliance 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 compliance 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
``(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 relative to the need to construct the project, or the selection of the project design or location.''.
(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 estimate 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.''.
(b) 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 Availability; 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 Obligation.-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 allocation or on October 1 of the fiscal year for which they are authorized, whichever occurs first.
``(b) Period of Availability; 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 sums apportioned or allocated on or after October 1, 1994, shall remain available in the State until expended. All sums apportioned 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(b)(1) 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 reconstructing any route or portion thereof on the Interstate System (other than any highway designated as a part of the Interstate System under section 139 and any toll road on the Interstate System not subject to an agreement under section 119(e) of this title, as in effect on the day before the date of the enactment of the Intermodal Surface Transportation 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 Kennedy 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 approval; 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 Secretary shall give priority consideration to any project the cost of which exceeds $10,000,000 on any high volume route in an urban area or a high truck-volume route in a rural area.
``(C) Period of availability of discretionary funds.-Sums made available pursuant to this paragraph shall remain available until expended.''.
(c) Conforming Amendment.-Section 118(d) of such title is amended by striking ``(b)(2)'' and inserting ``(b)(1)''.
(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 subsection (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 monuments, exceeding 5 percent of the total area of all lands therein, the Federal 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; 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 Federal 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 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 agreement the difference between the State's share as provided in paragraph (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.
``(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 utility 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 further amended-
(1) by striking subsections (j), (k), (l), 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 (b)''.
(c) Limitation on Statutory Construction.-The amendments 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 I-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 amended by striking ``90 days'' and inserting ``180 days''.
(b)Dollar Limitation for Territories.-Section 125(b)(2) of such title is amended by striking ``$5,000,000'' and inserting ``$20,000,000''.
(c) Applicability.-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 apportioned 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,''.
(b) Operation of Longer Combination Vehicles.-Section 127 of 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 combination 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 Appropriations Act, 1991 (104 Stat. 2186).
``(B) Applicability 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 pursuant 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 axle, 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 subparagraph (A), such State may allow longer combination vehicles with 3 cargo carrying units of 28\1/2\ 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 operation 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 prevent 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).
``(B) Minor adjustments.-Any State further restricting or prohibiting the operations of longer combination vehicles or making minor adjustments of a temporary and emergency 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) Publication 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 combination vehicles being conducted as of June 1, 1991, pursuant 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 included 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 operation of longer combination vehicles, not in actual operation on a regular or periodic basis on or before June 1, 1991.
``(D) Final list.-Except as modified pursuant to paragraph (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 Secretary, 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 Secretary 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 corrected. If the Secretary determines that there is a mistake in the accuracy of the list the Secretary shall correct the publication under subparagraph (D) to reflect the determination 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 paragraph (1)(B).''.
(c) State Certification.-Section 141(b) 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 Transportation Assistance Act of 1982 (49 U.S.C. App. 2311(j)).''.
(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 Hauling 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.''.
(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 National System of Interstate and Defense Highways, shall not apply, in the 2-year period beginning on the date of the enactment 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 subsection 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 whether or not the bridge formula set forth in such section should be modified as 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 Congress 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 understanding with the Province of Alberta, Canada, regarding truck transportation 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.-
(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 without 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 recommendations of the Secretary.
SEC. 1024. METROPOLITAN PLANNING.
(a) In General.-Section 134 of title 23, United States Code, is amended to read as follows:
``Sec. 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, metropolitan 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 development of transportation facilities (including pedestrian walkways and bicycle transportation facilities) which will function as an intermodal 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 (including the central city or cities as defined by the Bureau of the Census) or in accordance with procedures established by applicable State or local law.
``(2) Membership of certain mpo's.-In a metropolitan area designated as a transportation management area, the metropolitan planning organization designated for such area shall include local elected officials, officials of agencies which administer or operate major modes of transportation in the metropolitan area (including all transportation agencies included in the metropolitan planning organization on June 1, 1991) and appropriate 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 authority, under any State law in effect on the date of the enactment of this section, of a public agency with multimodal transportation responsibilities to-
``(A) develop plans and programs for adoption by a metropolitan planning organization; and
``(B) develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant 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 Governor 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 together represent at least 75 percent of the affected population (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 representing 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 monoxide as defined under the Clean Air Act. Such redesignation shall be accomplished using procedures established by subparagraph (A).
``(6) Treatment of large urban areas.-More than 1 metropolitan 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 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 metropolitan planning organization and the Governor.
``(d) Coordination in Multistate Areas.-
``(1) In general.-The Secretary shall establish such requirements 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 planning 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 planning organization shall consult with the other metropolitan planning 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 applicable 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, airports, intermodal transportation facilities, major freight distribution routes, national parks, recreation areas, monuments and historic sites, and military installations.
``(8) The need for connectivity of roads within the metropolitan 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.
``(15) Capital investments that would result in increased security 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 requirements 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 appropriate 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 expected to be made available to carry out the plan, and recommends any innovative financing techniques to finance needed projects and programs, including such techniques as value capture, tolls and congestion pricing.
``(C) Assess capital investment and other measures necessary to-
``(i) ensure the preservation of the existing metropolitan transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major roadways, as well as operations, maintenance, modernization, and rehabilitation of existing and future transit facilities; and
``(ii) make the most efficient use of existing transportation 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 metropolitan 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.
``(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 Governor 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 transportation improvement program for the area for which such organization is designated. In developing the program, the metropolitan planning organization shall provide citizens, affected 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 adoption 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 transportation 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 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 program 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 subsection (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 transportation 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 transportation management areas all urbanized areas over 200,000 population. The Secretary shall designate any additional area as a transportation management area upon the request of the Governor 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 programs 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 transportation 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 Federal 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 improvement 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 program under section 9 of the Federal Transit Act. If a metropolitan 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 section 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 development of abbreviated metropolitan transportation plans and programs 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 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.
``(l) 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.
``(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.''.
(b) 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 purposes 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:
``Sec. 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 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 Implementation 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 responsibilities 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 minimum, consider the following:
``(1) The results of the management systems required pursuant to subsection (b).
``(2) Any Federal, State, or local energy use goals, objectives, programs, or requirements.
``(3) Strategies for incorporating bicycle transportation facilities and pedestrian walkways in projects where appropriate throughout the State.
``(4) International border crossings and access to ports, airports, intermodal transportation facilities, major freight distribution 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 section 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.
``(11) 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 applicable 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.
``(17) 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 commercial 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 planning 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 transportation 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 recreation development.
``(3) The concerns of Indian tribal governments having jurisdiction 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 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, 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 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.
``(f) 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 designated 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, private providers of transportation, and other interested parties with a reasonable opportunity to comment on the proposed program.
``(2) Included projects.-A transportation improvement program 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 are consistent with the long-range plan developed under this section for the State, which are consistent with the metropolitan 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 50,000 population.- Projects undertaken in areas of less than 50,000 population (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 Interstate 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 Management Systems.-For purposes of this section, section 134, and section 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 purposes 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 \1/4\ 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) Eligibility 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 Indians on projects carried out under this title near Indian reservations.''.
SEC. 1027. PUBLIC TRANSPORTATION.
(a) Improved Access Between Intercity and Rural Bus Service.- 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 transportation.''.
(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 transportation 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) Availability 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 authorize 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 subsections (f), (g), (h), and (i), respectively;
(4) in subsection (g), as so redesignated, by striking ``or subsection (c) of this section''; and
(5) in each of subsections (h) and (i), as so redesignated, by striking ``and subsection (c)''.
(f) Conforming Amendment to Section 156.-Section 156 of such title is amended by striking ``States shall'' and inserting ``Subject to section 142(f), States shall''.
SEC. 1028. BRIDGE PROGRAM.
(a) Inventory of Indian Reservation and Park Bridges.-Section 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 reservation 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 Secretary for assistance in painting and seismic retrofit, or applying 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 authorized 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 Transportation Efficiency Act of 1991, relating to highway timber bridges.''.
(e) Off-System Bridges.-
(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 ``, rehabilitate, paint or seismic retrofit, or apply calcium magnesium acetate to''.
(2) Applicability 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) Applicability 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 expenditure 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 Demonstration 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 accordance with section 109(b) of this title and connected to a highway on 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 inserting ``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 Federal 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 and 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 formula 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 occurring 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 appropriate.
(3) Final rule.-Not later than 60 days after the date of publication of the proposed rule under paragraph (1), the Secretary shall publish in the Federal Register a final rule which meets the requirements of paragraph (1) and which shall take effect no later than 12 months after the date of its publication in the Federal Register.
(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 statistics.''.
(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:
``Sec. 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:
``(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 education 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 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 expenditures 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 fiscal 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) Eligibility 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 (a)(1) and achieved a rate of compliance with such law of not less than 85 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 70 percent.
``(g) Measurements of Rates of Compliance.-For the purposes of subsections (f)(2) and (f)(3), 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 measurements 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 1\1/2\ percent of the funds apportioned to the State for fiscal year 1995 under each of subsections (b)(1), (b)(2), and (b)(3) 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 (a)(1) and a law described in subsection (a)(2), the Secretary shall transfer 3 percent of the funds apportioned to the State for the succeeding fiscal year under each of subsections (b)(1), (b)(2), and (b)(3) 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 obligation 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 apportionment of sesection 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 applicability of highway safety obligations.- Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs carried out by the Federal Highway Administration under section 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 vehicle 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 meaning 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 individuals 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 passenger vehicles, including 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 Secretary 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) Applicability 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.-
(1) In general.-The Secretary shall conduct a study or studies to determine the benefits of safety belt use and motorcycle helmet use for individuals involved in motor vehicle crashes and motorcycle crashes, collecting and analyzing data from regional trauma systems regarding differences in the following: 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; government, 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 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 Congress 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 Secretary.
(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.
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 subsections (a), (b), (c), and (d), respectively;
(3) by inserting after ``allocate'' in subsection (b), as so redesignated, ``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 planning 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 sentences: ``The Secretary, in cooperation with the Secretary of the Interior and the Secretary of Agriculture, shall develop appropriate 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 Byways Program, National Trail System Program, and other similar Federal programs that benefit recreational development.
``(2) Adjacent vehicular parking areas.
``(3) Interpretive signage.
``(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 Education 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 metropolitan planning organization, shall develop a transportation improvement 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 and inserting ``$50,000''.
(d) Indian Reservation Roads.-Notwithstanding any other 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 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:
``Sec. 217. Bicycle transportation and pedestrian walkways
``(a) Use of STP and Congestion Mitigation Program Funds.-Subject to project approval by the Secretary, a State may obligate funds apportioned to it under sections 104(b)(2) and 104(b)(3) of this title for construction of pedestrian walkways and bicycle transportation facilities and for carrying out nonconstruction projects related to safe bicycle use.
``(b) Use of National Highway System Funds.-Subject to project approval by the Secretary, a State may obligate funds apportioned to it under section 104(b)(1) 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).
``(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, highways, 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 transportation, 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 accommodation 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 appropriate.
``(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 improved lanes, paths, or shoulders for use by bicyclists, traffic control devices, shelters, and parking facilities for bicycles.''.
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:
``Sec. 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 implemented in cooperation with metropolitan planning organizations. Such regulations may include a compliance schedule for development, 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 this 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 subsection (a) and, before January 1 of the preceding fiscal year, the State certified, in writing, to the Secretary, that the State was implementing each of such management systems in the preceding fiscal year.
``(d) Procedural Requirements.-In developing and implementing 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 required 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 yield from such systems, methods for increasing productivity in the State, methods for increasing use of advanced technologies, and methods to encourage the use of innovative 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 transmit to Congress a report on the progress being made by the Secretary 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 (b)(1), (b)(2), and (b)(3) of section 104 of this title for 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 required by this section.
``(h) Review of Regulations.-Not later than 10 days after the date of issuance of any regulation under this section, the Secretary 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 SURVEYS.
(a) In General.-Section 409 of title 23, United States Code, is amended-
(1) by striking the section heading and inserting the following:
``Sec. 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 and admission as evidence of certain reports and surveys.''.
SEC. 1036. NATIONAL HIGH-SPEED GROUND TRANSPORTATION PROGRAMS.
(a) Declaration of Policy.-Section 302 of title 49, United States Code, is amended by adding at the end the following new subsection:
``(d)(1) It is the policy of the United States to promote the construction 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 Federal-aid highway rights-of-way, as part of a national transportation system of the United States.''.
(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 ``Assistant 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 ``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 requirements that will allow the Maglev Project Office to carry out its functions. In carrying out such program, the program director shall consult with appropriate Federal
officials, including the Secretary of Energy and the Administrator of the Environmental 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 conceptual designs.
(B) Award of contracts.-Not later than 15 months after the date of the enactment of this Act, the Secretary and the Assistant Secretary shall, based on the recommendations of the program director, award 1-year contracts 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 Secretary 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 leading to a detailed design for a prototype maglev system. The Secretary and the Assistant Secretary may only award contracts under this paragraph if-
(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
(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 projected cost of construction and operation of the prototype. 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 Secretary,
(iii) 3 members to be appointed by the Senate majority 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 designs developed under paragraph (3), shall make a recommendation to the Secretary and the Assistant Secretary as to the best prototype design or the unsuitability of any design. The program director shall provide technical reviews 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 recommendation. 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 research, 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 determine 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 detailed 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 portion of its route, and may also use railroad rights-of-way along or above any portion of the railroad route.
(ii) The total length of guideway shall be at least 19 miles and allow significant full-speed operations between 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 provides 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 awarding a grant or contract under this paragraph, the Secretary shall encourage the development of domestic manufacturing 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 business, research, or education entity as a result of activities under this subsection shall be disclosed.
(B) Commercial information.-The research, development, 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 manufactured 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) Eligible applicant defined.-For purposes of this subsection, the term ``eligible applicant'' means a United States private business, United States public or private education and research organization, Federal laboratory, or a consortium of such businesses, organizations, and laboratories.
(c) Technology Demonstration Program; Research and Development 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:
``Sec. 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 demonstrations to determine the contributions that high-speed ground transportation could make to more efficient, safe, and economical intercity transportation systems. Such demonstrations shall be designed 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 industry to the maximum extent practicable.
``(2)(A) In connection with the authority provided under paragraph (1), there is established a national high-speed ground transportation technology demonstration program, which shall be separate from the national magnetic levitation prototype development 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.
``(ii) Grants or contracts shall be awarded only to eligible applicants showing demonstrable benefit to the research and development, 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 systems with other modes of transportation;
``(VIII) actual and projected ridership; and
``(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 government, 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 demonstrate 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 operation of such project or system.
``(E) Recipients of grants or contracts made pursuant to this 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 provisions 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 conclusion of fiscal year 1996, the Secretary shall submit reports to Congress regarding research and technology transfer activities conducted 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;
``(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 (1)(A) 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 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 transportation 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 rights-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 incentives, liability provisions, and changes in statutes and regulations 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 regional 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 centralization 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 (1)(B) shall include-
``(A) an examination of the various technologies developed for use in the transportation of passengers by high-speed ground 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 transportation 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, including 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 as 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 required 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 operation 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 integrated 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 competitiveness in the market for high-speed ground transportation technologies.
``(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.-
(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 development 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 technology 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 appropriated 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 transportation 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 provision 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 payment 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);
(F) by inserting ``or high-speed rail carrier'' after ``affected 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 sufficient 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)(1)-
(A) by amending subparagraph (B) to read as follows:
``(B)(i) will not use any funds or assets from railroad operations 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 ``provide 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 transportation.''.
(f) General Accounting Office Study.-The Comptroller General, within 2 years after the date of the enactment of this Act, and annually thereafter, shall analyze the effectiveness of the application 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.
(a) Asphalt Pavement Containing Recycled Rubber Demonstration Program.-Notwithstanding any other provision of title 23, United States Code, or regulation or policy of the Department 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 conditions 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 qualities, threats to human health and the environment, and environmental benefits of using recycled materials in highway devices and appurtenances and highway projects, including asphalt 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 examine utilization of various technologies by States and shall examine 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 Secretary shall gather information and recommendations concerning 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 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 (b) in federally assisted highway projects. Procuring agencies shall comply with all applicable 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 has satisfied the minimum utilization requirement for asphalt pavement containing recycled rubber established 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 economically feasible to do so and if an increase is appropriate to assure markets for the reuse and recycling of scrap tires. The minimum 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 (b)(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 determination, made in concurrence with the Administrator of the Environmental Protection Agency with respect to subparagraphs (A) and (B) of this paragraph, that there is reliable evidence indicating-
(A) that manufacture, application, or use of asphalt pavement containing recycled rubber substantially increases the threat to human health or the environment as compared to the threatsassociated with conventional pavement;
(B) that asphalt pavement containing recycled rubber cannot be recycled to substantially the same degree as conventional pavement; or
(C) that asphalt pavement containing recycled rubber does not perform adequately as a material for the construction or surfacing of highways and roads.
The Secretary shall consider the results of the study under subsection (b)(1) 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 (5)(A) and (5)(B). Any determination made with respect to paragraph (5)(C) 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 containing recycled rubber.
(7) Individual state reduction.-The Secretary shall establish 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 (d)(1); 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.
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:
(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 transportation 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 as the Secretary may require by regulation.
(3) Approval criteria.-The Secretary shall select and approve 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.
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 section.
(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 Service staff but only to carry out functions described in this subsection, supplement motor fuel tax examinations and criminal investigations, 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 Representatives 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 Revenue Service under this section, submit a report to the Committee 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(b)(1) 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 feasibility 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 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 available 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.
(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.
(b) 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.
(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 standards, engineering and design services, and construction of Federal-aid highway projects.
(b) 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; implications for small, minority, or disadvantaged businesses; currently existing options for States to require these clauses or other means with similar effect without additional Federal 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.
SEC. 1044. CREDIT FOR NON-FEDERAL SHARE.
(a) Eligibility.-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 generated 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, United States Code. In receiving a credit for non-Federal capital expenditures under this section, a State shall enter into such agreements 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 administrative 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.
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 I-94 East-West Transitway project in Milwaukee and Waukesha Counties, as identified in the 1991 Interstate Cost Estimate.
(b) Eligibility 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 Highway Act of 1956 and a sum equal to the Federal share of such costs, as included in the latest interstate cost estimate submitted to Congress, shall be available to the Secretary to incur obligations under section 103(e)(4) of title 23, United
States Code, for the Federal share of the costs of such substitute project or projects.
(c) Limitation on Eligibility.-If, by October 1, 1993, or two years after the date of the enactment of this Act, whichever is later, the Governor of the State of Wisconsin has not submitted a request for a substitute project or projects in lieu of the I-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'' has 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 substitute 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 substitute 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 Administration.
(4) Fiscal years 1993 and 1994 apportionments.-For the purpose of apportioning funds for fiscal years 1993 and 1994 under section 104(b)(5)(A), the Secretary shall consider Wisconsin 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 Interstate 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 Interstate 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 Interstate 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.
``(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 byway 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.''.
(d) State Compliance Laws.-The amendments made by this section shall not affect the status or validity of any existing compliance law or regulation adopted by a State pursuant to section 131 of title 23, United States Code.
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 Administration 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 specially qualified to represent the interests of conservationists on the advisory committee.
(H) 1 individual appointed by the Secretary of Transportation who is specially qualified to represent the interests of recreational users of scenic byways on the advisory committee.
(I) 1 individual appointed by the Secretary who is specially qualified to represent the interests of the tourism industry on the advisory committee.
(J) 1 individual appointed by the Secretary who is specially qualified to represent the interests of historic preservationists on the advisory committee.
(K) 1 individual appointed by the Secretary who is specially 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 specially qualified to serve on the advisory committee as a planner.
(O) 1 individual appointed by the Secretary who is specially qualified to represent the motoring public.
(P) 1 individual appointed by the Secretary who is specially qualified to represent groups interested in scenic preservation.
(Q) 1 individual appointed by the Secretary who represents 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 compensation 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 recommendations 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 significance of highways proposed for designation as scenic byways 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 qualities for which a highway is designated as a scenic byway or all-American road, for protecting and enhancing the landscape 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.
(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 designation 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 byway programs.
(c) Federal Share.-The Federal share payable for the costs of planning, design, and development of State scenic byway programs under this section shall be 80 percent.
(d) Funding.-There shall be available to the Secretary for carrying 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 byways.
(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, recreational, 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 commitment is demonstrated for implementing the management plans and protecting the characteristics for which the highway 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 byways 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:
(A) Planning, design, and development of State scenic byway programs.
(B) Making safety improvements to a highway designated as a scenic byway 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, highway 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 subsection shall be 80 percent.
(5) Funding.-There shall be available to the Secretary for carrying 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 subsection (f)(5) for removal of any outdoor advertising sign, display, or device.
(h) Treatment of 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 Transportation 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 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 (b) 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 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
``(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 Applicability of Waivers to Products Produced in Certain Foreign Countries.-If the Secretary, in consultation with the United States Trade Representative, determines that-
``(1) a foreign country is a party to an agreement with the United States and pursuant to that agreement the head of an agency of the United States has waived the requirements of this section, and
``(2) the foreign country has violated the terms of the agreement 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.''.
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 enactment 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.
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 transportation modes that would provide efficient and environmentally sound ingress to and egress from National Park lands; and (2) 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.
The Secretary shall develop and implement a work zone safety program which will improve work zone safety at highway construction 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 highway 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 Highway (Trust Fund)''. Such repayment shall be credited to the unprogrammed balance of funds apportioned to the State of New Hampshire in accordance with section 104(b)(1) 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.
(b) Use of Repaid Funds.-Upon repayment of Federal-aid highway 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 Circumferential 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.
(a) Waiver of Matching Share.-Notwithstanding any other provision of law, the Federal share of any qualifying project approved by the Secretary under title 23, United States Code, and of any qualifying project for which the United States becomes obligated 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 amounts shall be credited to the appropriate apportionment accounts 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) Qualifying 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 Secretary, 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 by inserting ``and the Rural Electrification Administration'' 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 Surface Transportation Efficiency Act of 1991 shall not be recognized by the Secretary until the Secretary publishes notice of such certification in the Federal Register and provides an opportunity for public comment on such certification.''.
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 guidance under section 6217(g) of the Omnibus Budget Reconciliation Act of 1990.
SEC. 1058. ROADSIDE BARRIER TECHNOLOGY.
(a) Requirement for Innovative Barriers.-Not less than 2\1/2\ 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 Secretary its compliance with the requirements of this 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 ``operational'' after January 1, 1985.
SEC. 1059. USE OF TOURIST ORIENTED DIRECTIONAL SIGNS.
(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 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.
(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 section, 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 concerns 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 Highway 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 design programs for the purpose of awarding grants under subsection (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.
(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 demonstrate 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) 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 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 enactment 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.
(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 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 I 485 1(46) in Fulton County, Georgia; Georgia project U 061 1(14) in Fulton and DeKalb Counties, Georgia; and Georgia project F 056 1(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 FACILITIES.
(a) In General.-The Secretary shall carry out a program for construction of ferry boats and ferry terminal facilities in accordance 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 inconsistent with this section.
(e) Treatment of Certain Roads.-For purposes of this section, 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 approval by the Secretary of proposed highway improvements authorized by section 129(d)(3) of title 23, United States Code, in Orange County, California, pursuant to section 303 of title 49, 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 ``parkland'')-
(1) that are acquired by a public entity after a governmental agency's approval of a State or Federal environmental document established the location of a highway adjacent to the parklands; or
(2) where the planning or acquisition documents for the parklands 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, California, 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 comprehensive 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 construed 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).
SEC. 1066. RECODIFICATION.
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.
SEC. 1067. PRIOR DEMONSTRATION PROJECTS.
(a) Tampa, Florida.-The unobligated balance of funds provided under section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 for carrying out subsection (a)(81) of such section shall be available to the Secretary for carrying out a highway project to widen, modernize, and make safety improvements to interstate route I-4 in Hillsborough County, Florida, from its intersection with I-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 Uniform Relocation Assistance Act of 1987 for carrying out subsection (a)(107) of such section shall be available to the Secretary for carrying out a highway project to construct a bypass 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 Assistance Act of 1987 for carrying out subsection (a)(41)(B) of such section shall be available to the Secretary for carrying out a highway project to construct a transportation corridor along a right-of-way which is parallel to Route 101 in California and connects Larkspur, California, and Korbel, California.
(d) Passaic and Bergen Counties, New Jersey.-The highway project authorized by section 149(a)(1) 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. STORMWATER PERMIT REQUIREMENTS.
(a) General Rule.-Notwithstanding the requirements of sections 402(p)(2) (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 referred to as the ``Administrator'') pursuant to the requirements of this section.
(b) Permit Applications.-
(1) Individual applications.-The Administrator shall require 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 is charging 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.
(2) Group applications.-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) Municipalities 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(p)(2) (A) or (E) of the Federal Water Pollution Control Act.
(d) Uncontrolled Sanitary Landfill Defined.-For the purposes 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 associated 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, Maryland. 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 appropriated such sums as may be necessary to complete construction of the Cumberland Gap Tunnel, Kentucky, including associated approaches 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 appropriated $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 Pittsburgh and Pittsburgh Airport. The Federal share of such project shall be 80 percent.
(f) Exton Bypass.-There is authorized to be appropriated $11,004,000 for construction of the Exton Bypass, in Exton, Pennsylvania. 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 Northampton 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 appropriated $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.
(l) 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 rockfill area, Lock Haven, Pennsylvania. The Federal share of such project shall be 80 percent.
(q) Truss Bridge, Tioga River, Lawrenceville, Pennsylvania.-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 authorized to be appropriated $4,800,000 for design and construction of the Sebring/Mansfield Bypass on U.S. 15, Pennsylvania. The Federal share of such project shall be 80 percent.
(t) I-5 Improvements.-The States of Oregon and Washington should give priority consideration to improvements on the I-5 Corridor. The Secretary shall give priority consideration to funding I-5 improvements in Oregon and Washington from section 118(c)(2) of 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 Highway System.
(v) Coalfields Expressway.-There is authorized to be appropriated 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 following 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 appropriated $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, Pennsylvania, at both the intersection of Lincoln Way and Sixth Street and the intersection of Lincoln Way and Coldbrook Avenue, the Pennsylvania 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 appropriated 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 appropriated such sums as may be necessary. The Federal share payable on account of such project shall be 80 percent of the cost thereof.
(bb) 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 integrated 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.
(ee) Gowanus Expressway Corridor Improvements.-There is authorized to be appropriated $200,000,000 to carry out improvements to the Gowanus Expressway Corridor in Brooklyn, New York.
(ff) I-287 Cross Westchester Expressway High Occupancy Vehicle 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 authorized to be appropriated $150,000,000 to complete the construction of the Oak Point Link in the Harlem River in New York City, New York.
(hh) Operational Improvements, Franklin 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 of 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 construct, 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:
``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 convenient 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 as 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 appurtenances.''.
(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 Commission which are outstanding as of the date of the enactment of this section.
(b) Repayments.-Section 5 of the Joint Resolution is amended-
(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
(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 accomplishment of its purposes.''.
(c) Treatment of Commission.-The last sentence of section 6 of the Joint Resolution is amended to read as follows: ``The Commission shall be deemed for purposes of all Federal law to be a public agency or public authority of the State of New York, notwithstanding any other provision of law.''.
(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).''.
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 intersection 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 Administrator shall enter into the
lease on or before April 30, 1992.
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 implement appropriate programs under section 130 of title 23, United States Code, to provide for installation of such devices where appropriate.
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 establish 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 designs, 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.
(b) 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 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 roadside 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 subsection referred to as the ``Authority'') for the Brasfield Dam Hydroelectric Project (FERC Project No. 9840-001) on the Appomattox River in Chesterfield and Dinwiddie Counties, Virginia, and notwithstanding 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 paragraph (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 to surrender the license. No surrender of such license by the Authority (or by any other person) shall be effective until after-
(A) reasonable prior notice (as determined by the Commission),
(B) completion of project construction, including the installation 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 Hydroelectric 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 require the removal of hydroelectric power generation facilities, require 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 authorized, in accordance with the good faith, due diligence, and public interest requirements of such section and the Commission's procedures 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 construction 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 construction 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 construction of Project No. 3246, and until October 15, 1999, the time required for completion of construction of the project.
(2) The authorization for issuing extensions under this subsection 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 section 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 modify-
(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 County, 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 compliance 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.
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 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.
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 RIVER, NEW YORK.
(a) Declaration of Nonnavigability.-Subject to subsections (c), (d), and (e), the area described in subsection (b) is declared to be nonnavigable 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 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 11« 05¬ 40" east, 33.46 feet;
Thence south 78« 54¬ 20" west, 0.50 feet;
Thence south 11« 05¬ 40" east, 2.50 feet;
Thence north 78« 54¬ 20" east, 0.50 feet;
Thence south 11« 05¬ 40" east, 42.40 feet to a point of curvature;
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¬ 11" 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, Acc. 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 Bulkhead Line approved by the Secretary of War, July 31, 1941, 62.26 feet to
the point or place of beginning;
(c) Determination of Public Interest.-The declaration made in subsection (a) shall not take effect if the Secretary of the Army (acting through the Chief of Engineers), using reasonable discretion, finds 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 proposed project; and
(2) after consultation with local and regional public officials (including local and regional public planning organizations).
(d) Limitation on Applicability 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) Application 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 enactment 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 Modification.- 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;
Thence southwesterly continuing on the centerline of relocated 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 60« 53¬ 08" 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 11« 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 11« 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 11« 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 11« 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 projectsponsor as provided for in Public Law 100-202 (101 Stat. 1329-108).
(d) Area To Be Declared Nonnavigable; Public 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 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 relocated 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 distance of 23.39 feet to a \5/8\ 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 distance of 157.87 feet to a \5/8\ inch re-bar set;
Thence south 29« 06¬ 52¬¬ west on the northwesterly right-of-way line of relocated Erieside Avenue, N.E., a distance of 119.39 feet to a \5/8\ 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 \5/8\ 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 11« 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 11« 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 11« 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 Applicability; 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 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 Department 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; hence north 56« 56¬ 18¬¬ east, a distance of 552.87 feet; thence south 89« 41¬ 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 infrastructure facilities in the United States. Such study may also include 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.
(E) 1 member appointed by the minority leader of the House of
Representatives.
(2) Qualifications.-Members of the Commission shall have appropriate backgrounds in finance, construction lending, actuarial disciplines, pensions, and infrastructure policy disciplines.
(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 Government 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 enactment 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 subsection (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) William 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 ``William H. Harsha Bridge''.
(b) J. Clifford Naugle Bypass.-The highway bypass being constructed 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.-
(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, document, 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, regulation, 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''.
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 I-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 construction, 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 Interstate 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 enactment 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 APPALACHIA.
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,''.
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 system for handicapped parking established in regulations issued by the Secretary pursuant to Public Law 100-641 (102 Stat. 3335).
(b) Report.-Not later than 2 years after the date of the enactment 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 INFRASTRUCTURE 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 program would be to enable States and Federal agencies to construct, replace, and rehabilitate highway infrastructure facilities at international 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 minimize 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.
(b) 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.
SEC. 1091. STUDY OF VALUE ENGINEERING.
(a) Study.-The Secretary shall study the effectiveness and benefits 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.
SEC. 1092. PILOT PROGRAM FOR UNIFORM AUDIT PROCEDURES.
(a) Establishment.-The Secretary shall establish a pilot program under which any contract or subcontract awarded in accordance with section 112(b)(2)(A) 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 accordance 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 subsection 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 reasonableness 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.
SEC. 1094. STUDY ON STATE COMPLIANCE WITH REQUIREMENTS FOR 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 Appropriation Act to the Postal Service to expedite the start of construction; and
(2) to transfer the present Emanuel Celler Federal Building and Courthouse in Brooklyn 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.
(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 increases 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 January 1, 1994, and shall be considered by these committees as they reauthorize the surface transportation program in 1996.
SEC. 1099. ESTABLISHMENT OF 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 metropolitan areas as contained elsewhere in this bill. The study commission shall report to the Congress, the Department of Transportation, the Governors of Maryland and Virginia, the Mayor of the District of Columbia, and the National Capital Region Transportation Planning 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 the Secretary of Transportation. There is authorized to be appropriated for the purposes of carrying 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.
(b) Applicability.-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) Unobligated Balances.-
(1) In general.-Unobligated balances of funds apportioned to a State under sections 104(b)(1), 104(b)(2), 104(b)(5)(B), 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) Transferability.-
(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 apportionment to such State under section 104(b)(1) or 104(b)(3) of title 23, United States Code, or both.
(B) Secondary and urban system.-A State may transfer 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(b)(3) of such title.
(C) Applicability of certain laws, regulations, policies, and procedures.-Funds transferred under this paragraph shall be subject to the laws, regulations, policies, and 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 maintenance. 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 highway 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 as 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 subsection. 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:
@h1@h1@h1CITY/STATE@h1HIGH COST BRIDGES@h1AMOUNT in millions
....... 1........ @lDelaware, Oklahoma ....... @lConstruction of a replacement bridge on U.S. Rt. 59 over Grand Lake in Delaware, Oklahoma ....... 9.7
....... 2........ @lEugene, Oregon ....... @lConstruction of the Ferry Street Bridge ....... 23.7
....... 3........ @lBeaver County, Pennsylvania....... @lConstruction of Aliquippa Ambridge Bridge of Beaver County, Pennsylvania ....... 25.0
....... 4........ @lArkansas ....... @lFor an expanded study of environmental impact and geo technical information for Arkansas-Mississippi Great River Bridge ....... 0.8
....... 5........ @xlGloucester Point, Virginia ....... @lProvide for additional crossing capacity of the York River....... 11.8
....... 6........ @lSan Francisco, California ....... @lFor preliminary work associated with the seismic upgrading of the Golden Gate Bridge in San Francisco, California ....... 5.9
....... 7........ @lCape May & Atlantic Counties, New Jersey ....... @lReplace critically important bridge between Ocean City and Longport, New Jersey ....... 18.4
....... 8........ @lOhio ....... @lConduct environmental and feasibility studies for the construction of a bridge or tunnel across the Maumee River in the vicinity of an existing left span bridge ....... 1.0
....... 9........ @lMaine ....... @lDonald B. Carter Memorial Bridge ....... 32.1
....... 10........ @lShakopee, Minnesota....... @lBloomington Ferry Bridge replacement, Shakopee, Minnesota ....... 22.0
....... 11........ @lCharleston, South Carolina ....... @lHighway 17 Bridge replacement projects: Cooper River, Charleston, South Carolina ....... 14.2
....... 12........ @lFt. Lauderdale, Florida....... @l17th Street Causeway Tunnel/Bridge replacement, Ft. Lauderdale, Florida ....... 13.6
....... 13........ @lMaryland ....... @lWoodrow Wilson Bridge rehabilitation ....... 29.6
....... 14........ @lNew York ....... @lMacomb Dam Bridge, Manhattan Bridge Rehabilitation Project, Queensboro Bridge- Rehabilitation of Main Span, Williamsburg Bridge Rehabilitation Project, Brooklyn Bridge Rehabilitation ....... 74.0
....... 15........ @lMiami, Florida ....... @lComplete construction of Dodge Island Bridge ....... 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 delegated 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 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 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) 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 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. 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:
@h1@h1@h1CITY/STATE@h1CONGESTION RELIEF@h1AMOUNT in millions
....... 1........ @lLong Beach, California....... @lConstruction of HOV Lanes on I 710....... 7.4
....... 2........ @lPhiladelphia, Pennsylvania ....... @lProject to Construct Bridge-Pratt Terminal as part of an I 95 reconstruction mitigation project....... 34.5
....... 3........ @lDavidson-Williamson County, Tennessee ....... @lStudy and construction of the Davidson-Williamson Bike Path....... 1.0
....... 4........ @lEast St. Louis, Illinois to St. Louis, Missouri ....... @lTo conduct a study to determine the feasibility of a bridge between East St. Louis, Illinois and St. Louis, Missouri....... 1.4
....... 5........ @lSt. Louis, Missouri....... @lRelocation of Lindbergh Boulevard and Interstate 70 at St. Louis Lambert Airport....... 14.8
....... 6........ @lDistrict of Columbia....... @lPrimary Intermodal System, Washington, D.C........ 6.8
....... 7........ @lBuffalo, New York....... @lConstruction of Peace Bridge truck inspection facility....... 19.5
....... 8........ @lNashua, New Hampshire ....... @lNashua River Bridge, Nashua, New Hampshire-Construction of second bridge....... 1.2
....... 9........ @lLas Vegas, Nevada....... @lReconstruct and upgrade I-15/U.S. 95 (Spaghetti Bowl)....... 45.0
....... 10........ @lSan Diego, California....... @lConstruct 1 block of Cut and Cover Tunnel on Rt. 15 in downtown San Diego, California....... 5.0
....... 11........ @lLos Angeles, California....... @lTo extend I-110 North from its current terminus at I-10 into downtown Los Angeles via Central City West Area in Los Angeles, California....... 10.1
....... 12........ @lNorth Dakota....... @lDesign and construct 7.5 mile bypass around Lincoln State Park....... 1.1
....... 13........ @lBabylon, New York....... @lConstruct turning lanes, sign upgrades, traffic signal interconnections and road repair and resurfacing....... 2.1
....... 14........ @lDixon, California....... @lTo improve 3 grade crossings in Dixon, California....... 1.8
....... 15........ @lFairfield, California....... @lTo construct 2 park & ride facilities, an information center and transfer hub for I-80 express and local bus service....... 7.7
....... 16........ @lSt. Louis, Missouri....... @lFeasibility study for interchange improvements for I 255 at Rt. 231, St. Louis, Missouri....... 0.1
....... 17........ @lMurfreesbro, Tennessee....... @lConduct a feasibility study of constructing a bicycle system as an alternative form of commuter transportation, air pollution reduction, and enhance recreation....... 0.4
....... 18........ @lLong Island, New York....... @lTo make improvements on the Van Wyck Expressway to improve traffic flow, Long Island, New York....... 3.6
....... 19........ @lFox River Valley, Illinois ....... @lStudy, plan and construct up to 8 bridges across the Fox River....... 8.3
....... 20........ @lPrince George's County, Maryland ....... @lTo rehabilitate the Baltimore-Washington Parkway in Prince George's County, Maryland....... 16.3
....... 21........ @lToledo, Ohio....... @lConduct study of possible safety and traffic delay improvement benefits in 6 corridors....... 0.24
....... 22........ @lBoston, Massachusetts....... @lTo plan and construct a bicycle and pedestrian path connecting Arlington, Cambridge and Boston, Massachusetts....... 1.2
....... 23........ @lTucson, Arizona....... @lTo make interchange improvements at Oracle and Orange Grove Roads in Tucson, Arizona....... 3.9
....... 24........ @lVictorville, California....... @lConstruct interchange 1 mile north of Palmdale Road on I-15....... 2.7
....... 25........ @lPalm Beach, Florida....... @lAcquire right-of-way and construct and widen to 4 lanes 19 mile segment of U.S. 27....... 5.5
....... 26........ @lPennsylvania....... @lImprove River Street, Towanda Borough and North Towanda Township to form highway bypass....... 8.8
....... 27........ @lMaine....... @lTopsham-Brunswick Bypass....... 10.5
....... 28........ @lRankin County, Mississippi....... @lEast-Metro Center Access Road....... 4.6
....... 29........ @lKansas....... @lWest Leavenworth Trafficway Project, Leavenworth, Kansas....... 8.6
....... 30........ @lBroward County, Florida ....... @lHallandale Bridge Project, Broward County, Florida....... 8.5
....... 31........ @lIdaho....... @lAny of the Federal-aid projects eligible for funding under title 23, United States Code, located in Bannock or Caribou County, shall be eligible for funding ....... 10.1
....... 32........ @lMichigan....... @lI 75/M57 Interchange improvement in the vicinity of Vienna Township, Michigan....... 8.9
....... 33........ @lPrince William County, Virginia....... @lI 95 HOV lane extension....... 13.5
....... 34........ @lSt. Thomas, Virgin Islands ....... @lConstruction of Raphune Hill Bypass, St. Thomas, Virgin Islands....... 18.4
....... 35........ @lMerrillville, Indiana....... @lConstruction of four lane road and overpass....... 1.8
....... 36........ @lMilwaukee and Waukesha Counties, Wisconsin ....... @lI 794 Bicycle Transportation Project in Milwaukee and Waukesha Counties, Wisconsin....... 1.5
....... 37........ @lRichmond, California....... @lI-80 Richmond Parkway Interchange....... 1.8
....... 38........ @lNew York, New York....... @lConstruction of Williamsburg to Holland Tunnel Bypass....... 3.6
....... 39........ @lLouisville, Kentucky....... @lWaterfront Development Roadway Improvements....... 4.7
....... 40........ @lSunnyvale, California....... @lHOV lane improvements on Lawrence Expressway....... 10.1
....... 41........ @lOhio....... @lConstruction of a bicycle/pedestrian facility from Greene County, Ohio, to Dayton, Ohio....... 3.0
....... 42........ @lJefferson County and Berkeley County, West Virginia....... @lImprovements of State Highway 9 from Martinsburg, West Virginia to Virginia State line....... 110.0
....... 43........ @lWest Virginia....... @lConstruction of the Coal Fields Expressway from Beckley, West Virginia to Virginia State line....... 50.0
....... 44........ @lMaine....... @lImprovements to the Carlton Bridge in Bath-Woolwich....... 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 delegated 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 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 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) 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 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 connected 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
(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) I 73/74 North-South Corridor from Charleston, South Carolina, through Winston-Salem, North Carolina, to Portsmouth, Ohio, to
Cincinnati, Ohio, and Detroit, Michigan.
(6) United States Route 80 Corridor from Meridian, Mississippi, 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 Nashville, 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 Cumberland 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 I-15 and I-40 in California, Arizona, and Nevada.
(17) Route 29 Corridor from Greensboro, North Carolina, to the District of Columbia.
(18) Corridor from Indianapolis, Indiana, to Memphis, Tennessee, via Evansville, Indiana.
(19) United States Route 395 Corridor 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.
(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 Applicable 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) Feasibility 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 (c)(2), 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 feasible, 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 (g)(2), 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:
@h1@h1@h1CITY/STATE@h1HIGH PRIORITY CORRIDORS@h1AMOUNT in millions
....... 1........ @lPennsylvania....... @lFor upgrading U.S. 220 High Priority and the Appalachian Thruway Corridor between State College and I-80....... 50.7
....... 2........ @l Alabama, Georgia, Mississippi, Tennessee ....... @lUpgrading of the East-West Corridor along Rt. 72....... 25.4
....... 3........ @l Missouri....... @lImprovement of North-South Corridor along Highway 71, Southwestern, MO....... 3.6
....... 4........ @l Arkansas....... @lFor construction of Highway 412 from Siloam Springs to Springdale, Arkansas as part of Highway 412 East-West Corridor....... 34.0
....... 5........ @l Arkansas....... @lFor construction of Highway 412 from Harrison to Springdale, Arkansas as part of the Highway 412 East-West Corridor....... 56.0
....... 6........ @l Pennsylvania....... @lTo 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....... 148.0
....... 7........ @l S. Dakota/Nebraska ....... @lConduct a feasibility study of expressway from Rapid City, S. Dakota to Scotts Bluff, Nebraska....... 0.64
....... 8........ @l Alabama....... @lConstruction of Appalachian Highway Corridor X from Corridor V near Fulton, Mississippi to U.S. 31 at Birmingham, Alabama as part of Appalachian Highway X Corridor Project....... 59.2
....... 9........ @l Alabama....... @lFor construction of a portion of Appalachian Development Corridor V from Mississippi State Line near Red Bay, Alabama to the Tennessee State Line north of Bridgeport, Alabama....... 25.4
....... 10........ @l West Virginia....... @lConstruction of Shawnee Project from 3-Corner Junction to I-77 as part of I-73/74 Corridor project....... 4.5
....... 11........ @l West Virginia....... @lWidening U.S. Rt. 52 from Huntington to Williamson, W. Virginia as part of the I-73/74 Corridor project....... 100.0
....... 12........ @l West Virginia....... @lReplacement of U.S. Rt. 52 from Williamson, W. Virginia to I 77 as part of the I-73/74 Corridor project....... 14.0
....... 13........ @l North Carolina/Virginia....... @lFor Upgrading I-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 Improvements....... 17.8
....... 14........ @l Arkansas....... @lConstruction of Highway 71 between Fayetteville and Alma, Arkansas as part of the North-South High Priority Corridor....... 100.0
....... 15........ @l Arkansas/Texas....... @lFor construction of Highway 71 from Alma, Arkansas to Louisiana border....... 70.0
....... 16........ @l Michigan....... @lTo widen a 60 mile portion of highway M 59 from MacComb County to I-96 in Howell County, Michigan....... 29.6
....... 17........ @l South Dakota, Colorado, Nebraska ....... @lTo improve the Heartland Expressway from Rapid City, South Dakota to Scotts Bluff, Nebraska....... 29.6
....... 18........ @l Indiana....... @lTo construct a 4-lane highway from Lafayette to Ft. Wayne, Indiana, following existing Indiana 25 and U.S. 24....... 9.5
....... 19........ @l Ohio/Indiana ....... @lConduct feasibility and economic study to widen Rt. 24 from Ft. Wayne, Indiana to Toledo, Ohio as part of the Lafayette to Toledo Corridor....... 0.32
....... 20........ @l California, Nevada, Arizona ....... @lFor improvements on I-15 and 40 in California, Nevada and Arizona ($10,500,000 of which shall be expended on the Nevada portion of the corridor, including the I-15/U.S. 95 interchange)....... 59.2
....... 21........ @l Louisiana....... @lTo improve the North-South Corridor from Louisiana border to Shreveport, Louisiana....... 29.6
....... 22........ @l Missouri, Iowa, Minnesota....... @lFor improvements for Avenue of the Saints from St. Paul, Minnesota to St. Louis, Missouri....... 118.0
....... 24........ @l Various States....... @lI-66 Transamerica Highway Feasibility study....... 1.0
....... 25........ @lKentucky, Tennessee, Virginia ....... @lTo improve Cumberland Gap Tunnel and for various associated improvements as part of U.S. 25E Corridor, except that the allocation percentages under section 1105(g)(2) of this section shall not apply to this project after fiscal year 1992 ....... 72.4
....... 26........ @l Indiana, Kentucky, Tennessee ....... @lTo improve the Bloomington, Indiana, to Newberry, Indiana, segment of the Indianapolis, Indiana, to Memphis, Tennessee, high priority corridor....... 23.7
....... 27........ @l Washington....... @lFor improvements on the Washington State portion of the U.S. 395 corridor from the U.S.-Canadian border to Reno, Nevada....... 54.5
....... 28........ @l Virginia....... @lConstruction of a bypass of Danville, Virginia, on Route 29 Corridor....... 17.0
....... 29........ @l Arkansas....... @lHighway 412 from Harrison to Mt. Home....... 20.0
....... 30........ @lNew York....... @lImprovements on Route 219 between Springville to Ellicottville in New York State....... 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 allocated 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 obligation 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.
(4) Delegation to states.-Subject to the provisions of title 23, United States Code, the Secretary may delegate responsibility 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 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 subsection.
(6) Applicability of title 23.-Funds authorized by subsection (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 subsection:
``(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.''.
(8) Special Rule.-Amounts allocated by subsection (f) to the State of California for improvements on I-15 and I-40 shall not be subject to any State or local law relating to apportionment of funds available for the construction or improvement of highways.
(h) Authorization for Feasibility 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 (e)(2).
(i) Revolving Loan Fund.-
(1) Establishment.-The Secretary may establish a Priority Corridor Revolving Loan Fund.
(2) Advances.-The Secretary shall make available as repayable advances amounts from the Revolving Loan Fund to States for planning and construction of corridors listed in subsection (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 \1/3\ of the amount of the advance, or (B) by direct repayment. Repayments shall be credited to the Pri ority 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:
@h1@h1@h1CITY/STATE @h1RURAL ACCESS @h1AMOUNT in millions
....... 1........ @lCadiz, Ohio ....... @lImprovements of Short Creek Highway from Cadiz, Ohio to Rayland, Ohio ....... 2.5
....... 2........ @lBoger City, North Carolina ....... @lConstruction of 4-lane divided highway along Highway 321 to Boger City, NC to NC 127 South ....... 14.2
....... 3........ @lUtica, New York ....... @lImprovement of the Utica North/South Arterial ....... 9.9
....... 4........ @lOneida County, New York ....... @lUpgrade a highway to 4 lanes in Oneida County, New York ....... 8.0
....... 5........ @lSouthern, Oklahoma ....... @lWidening of U.S. 70 ....... 0.24
....... 6........ @lSouthern, Oklahoma ....... @lConstruction of a bridge and approaches at Pennington Creek, OK ....... 1.0
....... 7........ @lJohnsonburg, Pennsylvania ....... @lRelocation of a 2-lane highway from Center Street to PA Rt. 255 along U.S. 219, Johnsonburg Bypass ....... 14.0
....... 8........ @lPennsylvania ....... @lConstruction of truck driving lanes and safety improvements on U.S. 219 between I-80 and the NY State Line ....... 26.0
....... 9........ @lEast St. Louis, Illinois ....... @lFeasibility study for 4-lane Access Road to Jefferson Memorial Park ....... 0.24
....... 10........ @lIllinois ....... @lTo conduct an Environmental Impact Study & Design Study on a 58-mile stretch of U.S. 67 corridor from Alton, IL to Jacksonville, IL ....... 2.5
....... 11........ @lVenice, Illinois ....... @lFor rehabilitation of McKinley Bridge near Venice, IL ....... 5.9
....... 12........ @lDecatur, Alabama ....... @lProject for replacement of Keller Memorial Bridge, Decatur, AL ....... 12.7
....... 13........ @lLenoir City, Tennessee ....... @lFeasibility Study on Fort Loudon Dam Bridge on U.S. Highway 231 in Lenoir City, TN ....... 0.5
....... 14........ @lBlount City, Tennessee ....... @lImprovement of U.S. Highway #411 in Monroe and Blount Counties, TN ....... 15.7
....... 15........ @lMissouri ....... @lFor improvements of Highway 60 in New Madrid, Stoddard, Carter and Butler Counties, MO ....... 21.7
....... 16........ @lSouthern, Missouri ....... @lImprovement of Rt. 65 through Greene, Christian and Taney Counties, MO ....... 14.1
....... 17........ @lLake Charles, Louisiana ....... @lConstruction of roads and bridge to provide access to Rose Bluff Industrial Area, Lake Charles, LA ....... 4.1
....... 18........ @lLouisiana ....... @lFor improvement and extension of Ambassador Caffery Parkway in Louisiana ....... 14.9
....... 19........ @lOhio ....... @lConstruction of U.S. Rt. 68 Bypass in Clark, Champaign and Logan Counties ....... 15.8
....... 20........ @lAliquippa, Pennsylvania ....... @lFor various 3-R Projects in Aliquippa, PA ....... 12.8
....... 21........ @lRiverton, Kansas ....... @lConstruction of a new highway from Riverton, KS to Interstate 44 in Missouri ....... 13.1
....... 22........ @lNorth Minnesota ....... @lConstruction and reconstruction of Forest Highway 11 connecting Aurora-Hoyt Lakes and Silver Bay, MN ....... 9.5
....... 23........ @lRichfield, Minnesota ....... @l77th Street Reconstruction Project, Richfield, MN ....... 11.6
....... 24........ @lMississippi ....... @lImprovements on Highway 84 in Franklin and Lincoln Counties, MS ....... 9.5
....... 25........ @lMississippi ....... @lUpgrading of U.S. Highway 98 from County line of Pike and Waltham Counties, MS to Lamar County, MS ....... 0.4
....... 26........ @lMississippi ....... @lUpgrading Highway 61 from Natchez, MS to Louisiana State line ....... 0.35
....... 27........ @lMississippi ....... @lUpgrading Highway 84 from Brookhaven, MS to U.S. 49 in Collins, MS ....... 2.1
....... 28........ @lChattahoochee, Florida ....... @lConstruction of Mosquito Creek Bridge ....... 2.4
....... 29........ @lFlorida ....... @lTo upgrade State Rt. 71 from State Rt. 10 to State Rt. 8 ....... 2.9
....... 30........ @lFlorida ....... @lTo upgrade Florida State Rt. 267 from State Rt. 8 to State Rt. 10 ....... 4.7
....... 31........ @lIllinois ....... @lTollway feasibility study (East St. Louis to Carbondale, IL) ....... 0.32
....... 32........ @lMt. Vernon, Illinois ....... @lExtension of 34th Street from IL Rt. 15 to County Road 10 ....... 0.96
....... 33........ @lIllinois ....... @lReconstruction of Feather Trail Road from Ullin Road Interchange to Rt. 37, Pulaski County, IL ....... 1.1
....... 34........ @lIllinois ....... @lResurfacing IL Rt. 1 from Cave-In-Rock to north of Omaha ....... 1.8
....... 35........ @lWilliamson County, Illinois ....... @lUpgrading IL Rt. 13 in Williamson County, IL ....... 7.8
....... 36........ @lSaline County, Illinois ....... @lFor improvements to Rt. 13 from Williamson-Saline County line to Harrisburg, IL ....... 4.0
....... 37........ @lWinchester, New Hampshire ....... @lReplacement of Winchester Bridge, Winchester, NH ....... 0.8
....... 38........ @lHanover, New Hampshire ....... @lLedyard Bridge reconstruction ....... 7.8
....... 39........ @lAsheville, North Carolina ....... @lU.S. 19-23 improvement project, Asheville, NC ....... 11.1
....... 40........ @lNiles, Ohio ....... @lBelmont Street Bridge Replacement, Niles, OH ....... 1.2
....... 41........ @lStruthers, Ohio ....... @lBridge Street Bridge replacement, Struthers, OH ....... 1.2
....... 42........ @lNiles, Ohio ....... @lSouth Main Street Bridge replacement, Niles, OH ....... 2.5
....... 43........ @lSt. Joseph County, Michigan ....... @lU.S. 131, St. Joseph County, MI ....... 0.5
....... 44........ @lBerrien County, Michigan ....... @lU.S. 31 relocation, Berrien County, MI ....... 17.4
....... 45........ @lHolland, Michigan ....... @lU.S. 31 upgrade, Holland, Ottawa County, MI....... 1.3
....... 46........ @lNorth Carolina ....... @lI-85 Interchange improvement at State Route 1103 Granville County, NC ....... 1.7
....... 47........ @lManchester, New Hampshire ....... @lManchester Airport Road improvements ....... 4.0
....... 48........ @lNew Hampshire ....... @lWetlands mitigation package for New Hampshire Rt. 101/51 ....... 10.0
....... 49........ @lArkansas ....... @lTo improve U.S. 65 from Harrison, Arkansas to Missouri Line ....... 38.0
....... 50........ @lArkansas ....... @lTo improve Phoenix Avenue in the vicinity of the Ft. Smith Airport, Ft. Smith, Arkansas ....... 7.9
....... 51........ @lArkansas ....... @lTo study bypass alternatives for U.S. 71 in the vicinity of Bella Vista, Arkansas ....... 3.0
....... 52........ @lBedford Springs, Pennsylvania ....... @lTo 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 construction of a parking facility to be associated therewith ....... 19.7
....... 53........ @lDeValls Bluff, Arkansas ....... @lConstruction of a replacement bridge across the White River ....... 2.5
....... 54........ @lJonesboro, Arkansas ....... @lComplete construction of 3 interchanges on the Highway 63 Bypass at Jonesboro ....... 5.7
....... 55........ @lBrevard County, Florida ....... @lDesign and engineer improvements for State Rd. 3 between State Rd. 520 and State Rd. 528 ....... 0.16
....... 56........ @lLouisiana ....... @lFor construction of a new road from an area in the vicinity of I-55 to Alexandria, Louisiana ....... 1.7
....... 57........ @lBeaumont, Texas ....... @lWiden Highway FM-364 from a 2-lane to a 4-lane road ....... 10.4
....... 58........ @lFarmington Hills, Michigan ....... @lTo widen 12-mile road corridor in the vicinity of Farmington Hills, Michigan ....... 2.5
....... 59........ @lLaredo, Texas ....... @lExpand capacity of 2-lane highway, construct interchanges and connector highway ....... 7.4
....... 60........ @lMontewma, Colorado ....... @lUpgrade farm to market road serving Ute Indian Reservation ....... 2.9
....... 61........ @lLubbock, Texas ....... @lInitiate feasibility and route studies and preliminary engineering and design for highway to connect Lubbock with Interstate 20 ....... 2.9
....... 62........ @lRosenberg, Texas ....... @lTo purchase right-of-way for Highway 36 Bypass West of Rosenberg, Texas ....... 0.9
....... 63........ @lAngleton, Texas ....... @lFor various activities associated with relocation of Highway 288 in vicinity of Angleton, Texas ....... 0.9
....... 64........ @lMentor, Ohio ....... @lFor construction of an interchange on State Rt. 615 at I 90 in Mentor, Ohio ....... 4.7
....... 65........ @lW. Central, Illinois ....... @lFor widening of U.S. 34 between Burlington, Iowa and Monmouth, Illinois ....... 1.9
....... 66........ @lIllinois ....... @lTo make improvements including construction of a bridge on U.S. 67 in NW Illinois ....... 2.4
....... 67........ @lMonongahela Valley, Pennsylvania ....... @lFor construction of southernmost extension of the Monongahela Expressway ....... 14.0
....... 68........ @lDauphin County, Pennsylvania ....... @lDesign, acquire right-of-way and reconstruct 5.1 miles of 4-lane divided highway from Dauphin Borough to Speeceville, Pennsylvania ....... 12.0
....... 69........ @lRutherford County, Tennessee ....... @lReplace existing bridge over the west fork of the Stone's River including a 5-foot elevated walkway ....... 0.8
....... 70........ @lWayne County, New York ....... @lTo improve Rt. 104 from Furnace Road to Pound Road in the Wayne County Area of New York ....... 6.4
....... 71........ @lChautauqua County, New York ....... @lConstruct 2 additional expressway lanes from Chautauqua Lake Bridge to Pennsylvania Border ....... 17.0
....... 72........ @lNorth Carolina ....... @lTo reimburse the State of North Carolina for construction and repair of the Bonner Bridge, North Carolina ....... 3.0
....... 73........ @lNorth Carolina ....... @lConstruct interstate link between I-95 and I-40 in vicinity of Wilson and Goldsboro, North Carolina ....... 8.9
....... 74........ @lBossier City, Louisiana ....... @lTo study grade separations along 10 miles of KC Railroad along U.S. 71 ....... 0.16
....... 75........ @lPennsylvania ....... @lWiden 14-mile segment of U.S. 15 from 2 to 4 lanes ....... 13.8
....... 76........ @lOverland Park, Kansas ....... @lI-435 Interchange Project ....... 4.1
....... 77........ @lFairmont, West Virginia ....... @lRiverside Expressway improvements ....... 5.3
....... 78........ @lWashington ....... @lState Rt. 14 Improvement Projects, Columbia River Gorge, Washington ....... 8.6
....... 79........ @lPennsylvania ....... @lPennsylvania Industrial Park access, Washington County, Pennsylvania ....... 6.3
....... 80........ @lPennsylvania ....... @lChadville Improvement Project, Southern Fayette County, Pennsylvania ....... 2.4
....... 81........ @lPennsylvania ....... @lU.S. Rt. 219 Meyersdale Bypass ....... 48.0
....... 82........ @lPennsylvania ....... @lU.S. Rt. 22 Improvements: Monroeville to Ebansburg ....... 30.3
....... 83........ @lPennsylvania ....... @lLaurel Valley Expressway, Blairsville, Pennsylvania ....... 5.0
....... 84........ @lBrownsville, Texas ....... @lBrownsville Railroad Relocation Project ....... 6.7
....... 85........ @lSouth Carolina ....... @lSouthern Connector Highway, Greenville County, South Carolina ....... 3.6
....... 86........ @lOhio ....... @lRt. 18 Bypass Study, Medina, Ohio ....... 0.4
....... 87........ @lOhio ....... @lU.S. Rt. 250 Bypass Study, Norwalk, Ohio ....... 0.4
....... 88........ @lMankato, Minnesota ....... @lMankato South Rt. Improvements, Mankato, Minnesota ....... 10.0
....... 89........ @lKentucky ....... @lU.S. 119 Upgrading, Pike County, KY ....... 7.6
....... 90........ @lMichigan ....... @lU.S. Rt. 127 Upgrading, Jackson County, Michigan ....... 0.8
....... 91........ @lEden Prairie & Cologne, Minnesota ....... @lU.S. Trunk Highway 212 improvement project, Eden Prairie/Cologne, MN ....... 8.7
....... 92........ @lOhio ....... @lRt. 30 extension: East Canton/Minerva, Ohio ....... 5.3
....... 93........ @lNew Mexico ....... @lRaton-Clayton Rd., Clayton, New Mexico ....... 9.3
....... 94........ @lNew Mexico ....... @lJicarilla Apache State Road, New Mexico ....... 1.5
....... 95........ @lArizona ....... @lTurquoise Trail Highway, Navajo County, Arizona ....... 5.9
....... 96........ @lPennsylvania ....... @lU.S. Rt. 222 Relocation, Lehigh County, Pennsylvania ....... 1.5
....... 97........ @lPennsylvania ....... @lPennsylvania Rt. 33 Extension, Northhampton County, Pennsylvania ....... 16.8
....... 98........ @lKentucky ....... @lHighway 92 Relocation Study, South Central Kentucky ....... 0.1
....... 99........ @lKentucky ....... @lU.S. 27 Improvements, Jessamine County, Kentucky ....... 9.2
....... 100. ....... @lNorth Carolina....... @lU 2519/X 2 Highways, Cumberland, North Carolina ....... 15.9
....... 101........ @lMissouri ....... @lAdams Dairy Parkway Project, Blue Springs, Missouri ....... 1.5
....... 102........ @lLawrence, Kansas ....... @lLawrence Circumferential Roadway, Douglas County, Kansas ....... 3.3
....... 103........ @lKansas ....... @lOakland Expressway, Eastern Shawnee, Kansas ....... 5.9
....... 104........ @lMissouri ....... @lHighway 63 improvements, Columbia, Missouri/Iowa border ....... 5.9
....... 105........ @lWest Virginia ....... @lHighway Improvements: Mason County/Kanawha, West Virginia ....... 19.5
....... 106........ @lPennsylvania ....... @lWarren Street Extension/U.S. 222 Reconstruction, Berks County, Pennsylvania ....... 6.6
....... 107........ @lIllinois ....... @lFor construction of the Alton Bypass from the vicinity of Alton and Godfrey, Illinois ....... 4.4
....... 108........ @lIowa ....... @lConstruct Mason City Bypass, Gerro Gordo County, Iowa ....... 14.8
....... 109........ @lPrince Edward County, Virginia ....... @lA 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 project 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 officials representing Prince Edward County, Virginia, to allow the immediate filling of the Sandy River Reservoir in accordance with the terms and conditions of the permit, without further amendment or modification in any respect, issued by the Department of the Army relating 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 ....... 4.4
....... 110........ @lPort Lavaca to Cuero, Texas ....... @lConstruct upgraded, improved four-lane divided highway ....... 43.9
....... 111........ @lParker County, Texas (SH199) ....... @lUpgrade existing highway to four-lane divided highway ....... 33.5
....... 112........ @lHowell County, Missouri ....... @lImprove Highway 63 ....... 3.6
....... 113........ @lLouisa, Louisiana....... @lLouisa Bridge replacement, Louisa, LA....... 9.5
....... 114........ @lTravis County, Texas....... @lHighway 620 bridge improvement....... 11.4
....... 115........ @lLatrobe, Pennsylvania....... @lLigonier Street Reconstruction....... 0.8
....... 116........ @lCarroltown/DuBois, Pennsylvania....... @lU.S. 219 Improvements....... 4.0
....... 117........ @lRobinson Township, Pennsylvania....... @lDesign Work in Town Center....... 5.0
....... 118........ @lWest Virginia....... @lChelyan Bridge Replacement....... 8.5
(3) Allocation percentages.-8 percent of the amount allocated 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 responsibility 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 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 subsection.
(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, except that the Federal share of the cost of any project under this subsection shall be determined in accordance with this subsection and such funds shall remain available until expended. Funds authorized by this subsection shall not be subject to any obligation limitation.
(b) 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:
@h1@h1@h1CITY/STATE@h1URBAN ACCESS & MOBILITY@h1AMOUNT in millions
....... 1........ @l Santa Ana, California....... @lBristol Street Project....... 4.1
....... 2........ @l Illinois/Missouri....... @lMetro East/St. Louis, Missouri Bridge Feasibility Study....... 1.0
....... 3........ @l Beaver/Butler Counties, Pennsylvania....... @lConstruction of Crow's Run Expressway from I-79 to PA Rt. 60, Beaver/Butler Counties, PA....... 3.5
....... 4........ @l Atlanta, Georgia....... @lImprovement of Martin Luther King Drive....... 0.8
....... 5........ @l Chicago, Illinois....... @lHandicapped Accessibility Projects on various Chicago Streets....... 2.4
....... 6........ @l Chicago, Illinois....... @lFeasibility study for a road between existing Lake Shore Drive and Indiana Road....... 0.16
....... 7........ @l San Jose, California....... @lImprovement of Interchange at Highway 85/Highway 17....... 35.0
....... 8........ @l Gilroy, California....... @lFor safety improvements on Highway 152 in vicinity of Gilroy, CA....... 5.9
....... 9........ @l New York, New York....... @lImprovements on Miller Highway in New York City, NY....... 15.6
....... 10........ @l District of Columbia....... @lConstruction of missing segments of Eastern and Southern Avenues (Boundary Street Safety Initiative)....... 6.8
....... 11........ @l Buffalo, New York....... @lScajaquada Expressway Classification study....... 0.24
....... 12........ @l Buffalo, New York....... @lNY State Thruway relocation study, Buffalo (Niagara), NY....... 0.24
....... 13........ @l Joliet, Illinois....... @lFor rehabilitation of Houbolt Road from Jefferson Street to Joliet Jr. College and construction and interchange at Houbolt Road and I 80....... 1.0
....... 14........ @l Chicago, Illinois....... @lWPA street improvements bounded on the north by 103rd, the east by Stoney Island, the west by Ashland, and the south by the city limits....... 3.7
....... 15........ @l Burnham, Illinois....... @lTo improve Dolton Avenue between Torrence Avenue and Indiana State Line, Burnham, IL....... 1.9
....... 16........ @l Calumet Park, Illinois....... @lAshland Avenue Bridge replacement....... 2.1
....... 17........ @l Harvey, Illinois....... @lIllinois 1 Interchange improvement from U.S. 6 to I 80....... 2.5
....... 18........ @l Markham, Illinois....... @lSibley Boulevard traffic flow improvement from Dixie Highway....... 3.5
....... 19........ @l Chicago, Illinois....... @lIllinois 1 intersection improvement, Harvey, IL (intersection at 155th Street)....... 1.4
....... 20........ @l Youngstown, Ohio....... @lCenter Street Bridge replacement, Youngstown, OH, including Poland Avenue-Shirley Road connector and ramps at I-680....... 12.2
....... 21........ @l Lake Porter and LaPort Counties, Indiana and Illinois....... @lStudy linkage roads to connect Lake Shore Drive and surrounding facilities....... 1.0
....... 22........ @l Indiana....... @lAcquisition of West Lake Corridor Right-of-Way between Munster, IN and Hammond , IN....... 1.0
....... 23........ @l Portage, Indiana....... @lWiden Willow Creek Road to 4 lanes....... 1.5
....... 24........ @l Hobart, Lake Station and New Chicago, Indiana....... @lVarious improvements to Ridge Road to relieve congestion....... 4.3
....... 25........ @l Passaic County, New Jersey....... @lTo complete construction of Rt. 21 in Passaic County, New Jersey....... 98.8
....... 26........ @l Northeastern, New Jersey....... @lTo raise 14 bridges over Molly Ann's Brook Northeastern, New Jersey....... 9.5
....... 27........ @l Chambersburg, Pennsylvania....... @lTo 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 Chambersburg, Pennsylvania....... 1.84
....... 28........ @l Newark, New Jersey....... @lTo construct ramps to provide access to I-78....... 7.2
....... 29........ @l Newark, New Jersey....... @lTo construct a parking facility as part of a multi-modal transportation facility in the vicinity of United Hospitals Medical Center, Newark, New Jersey....... 4.9
....... 30........ @l Lawrence, Massachusetts....... @lStudy, design, and construct new road service; road and ramps and widen I-495....... 4.7
....... 31........ @l Baltimore, Maryland....... @lTo improve various roads as part of project ``Project Vision'' in Baltimore, Maryland....... 5.0
....... 32........ @l Bellevue, Washington....... @lConduct Phase I design study for I 405 interchange at Northeast 8th Street....... 5.0
....... 33........ @l Springfield, Illinois....... @lTo extend 11th Street from Stevenson Drive to Toronto Road in the vicinity of Springfield, Illinois....... 8.3
....... 34........ @l Middlesex, New Jersey....... @lRoute 1 widening in Middlesex County, New Jersey from Raritan River to Rahway River....... 7.4
....... 35........ @l Perth Amboy & Woodbridge Township, New Jersey....... @lStudy whether additional river crossings may be necessary based on condition of 3 existing crossings....... 2.5
....... 36........ @l Compton, California....... @lFor a grade separation project at W. Alameda Street and the Mealy St. Corridor....... 6.6
....... 37........ @l Parsippany, Troy Hills, New Jersey ....... @lConstruct interchange and ramp improvements for east and west bound traffic on I-280....... 3.1
....... 38........ @l Queens, New York....... @lTo rehabilitate 39th Street Bridge over rail tracks at the Sunnyside Rail Yard in Queens, New York....... 10.4
....... 39........ @l Omaha, Nebraska....... @lFor improvements to US Highway 6 (W. Dodge Road) from 86th Street to 118th including the intersection with I-680 in Omaha, Nebraska....... 5.2
....... 40........ @l Suffolk County/Long Island, New York....... @lConstruct various roadway improvements on 7.1 miles of New York Rt. 112, including, resurfacing, widening, adding turning and parking lanes and improving traffic signals....... 3.4
....... 41........ @l San Diego, California....... @lTo conduct environmental study on feasibility of constructing 4-lane highway from State Rt. 805 to International border near Otay Mesa....... 1.0
....... 42........ @l Sarasota, Florida....... @lTo construct a bridge interchange at US 301 and University Parkway in the vicinity of Sarasota, Florida....... 2.4
....... 43........ @l Hartford, Connecticut....... @lTo rehabilitate Connecticut Rt. 99 South of Hartford, Connecticut....... 5.0
....... 44........ @l Hartford, Connecticut....... @lFor improved access to the Connecticut River as in I-91 Mitigation Project, Hartford, Connecticut....... 2.3
....... 45........ @l Chattanooga, Tennessee....... @lConstruct an urban diamond interchange to improve capacity and a connector road....... 3.1
....... 46........ @l Commerce, California....... @lTo relocate a portion of Atlantic Blvd. in the vicinity of Telegraph Rd. as part of a grade separation project....... 4.7
....... 47........ @l Scranton, Pennsylvania....... @lRealign 3,000 feet of N. Scranton Expressway to connect with Mulberry Street....... 7.2
....... 48........ @l Long Island, New York....... @lSouthern State Parkway Improvement....... 4.6
....... 49........ @l New York....... @lExit 26 Ridge Project Schenectady, New York....... 5.7
....... 50........ @l Capital Beltway, Springfield, Virginia....... @lUpgrade interchanges on I-495, including Virginia Mixing Bowl Improvements....... 7.5
....... 51........ @l Utah....... @lExpansion of State Rd. 5600 West....... 3.3
....... 52........ @lChicago, Illinois....... @lRight-of-way preservation projects (Eisenhower & Stevenson Connector).......
4.8
....... 53........ @l Chicago, Illinois....... @lMuseum of Science & Industry: Various intermodal facilities, Chicago, Illinois....... 35.0
....... 54........ @l Chicago, Illinois....... @lChicago Skyway Bridge, Chicago, Illinois....... 14.2
....... 55........ @l Chicago, Illinois....... @lCermak Road Bridge reconstruction, Chicago, Illinois....... 9.2
....... 56........ @l Chicago, Illinois....... @lRoosevelt Rd. and Bridge Improvements, Chicago, Illinois....... 11.8
....... 56A........ @l Chicago, Illinois....... @lState Street Mall Improvements, Chicago, Illinois....... 14.2
....... 57........ @l Chicago, Illinois....... @lCicero Avenue Improvements, vicinity of Chicago, Illinois....... 1.1
....... 58........ @l Chicago, Illinois....... @l183rd Street Reconstruction, Chicago, Illinois....... 1.5
....... 59........ @l Chicago, Illinois....... @l111th Street Reconstruction, Chicago, Illinois....... 2.5
....... 60........ @l Chicago, Illinois....... @l111th Street Upgrade: Cicero Avenue to Pulaski Road, Chicago, Illinois....... 2.5
....... 61........ @l Chicago, Illinois....... @l111th Street Widening; Central Avenue to Cicero Avenue, Chicago, Illinois....... 4.7
....... 62........ @l Muncie, Indiana....... @lState Rd. 67 Widening....... 10.0
....... 63........ @l Columbus, Indiana....... @lColumbus Entranceway project, Columbus, Indiana....... 3.3
....... 64........ @l New Jersey....... @lRt. 17/4 Interchange Project, Paramus, New Jersey....... 5.7
....... 65........ @l New Jersey....... @lHackensack Avenue/Kinderkamack Road Bridges over Rt. 4, Hackensack, New Jersey....... 5.7
....... 66........ @l Los Angeles....... @lGrade separation projects (3), Los Angeles County, California....... 7.1
....... 67........ @l New York....... @lPreservation of Rail Corridor (North Shore Rail Line), Staten Island....... 10.7
....... 68........ @l Maryland....... @lImprovement of U.S. Route 1 in Baltimore County, Maryland....... 11.8
....... 69........ @l Camden, New Jersey....... @lRenovation of South Jersey Port Corporation's Beckett Street Terminal....... 8.3
....... 70........ @l Washington, D.C........ @lDesign and construction of noise barriers along Southeast/Southwest Freeway and Anacostia Freeway in D.C........ 4.7
....... 71........ @l Anaheim, California....... @lConstruction of public HOV facilities to provide public access to I-5 in the vicinity of the Anaheim Regional Transportation Intermodal Complex....... 14.8
....... 72........ @l Atlanta, Georgia....... @lConstruction of I-20 interchange at Lithonia Industrial Boulevard....... 11.2
....... 73........ @l Buffalo, New York....... @lThe Southtowns Connector Buffalo, New York....... 8.5
....... 74........ @l Tucson, Arizona....... @lVeterans Memorial Interchange/Palo Verde Overpass Bridge Replacement....... 2.4
....... 75........ @l Providence, Rhode Island....... @lMemorial Boulevard Pedestrian/Traffic Improvements....... 5.0
....... 76........ @l Renton, Washington....... @lHouser Way Relocation Expansion....... 3.0
(3) Allocation percentages.-8 percent of the amount allocated 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 responsibility 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 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 subsection.
(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, except that the Federal share of the cost of any project under this subsection shall be determined in accordance with this subsection and 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 assistance 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 procedures for construction.
(b) Authorization of Projects.-The Secretary is authorized to carry out the innovative projects described in this subsection. 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:
@h1@h1@h1CITY/STATE@h1INNOVATIVE PROJECTS@h1AMOUNT in millions
....... 1........ @lCadiz, Ohio....... @lConstruction of 4-lane Limited Access Highway from Cadiz, OH to Interstate 70 Interchange at St. Clairsville, OH along U.S. Rt. 250....... 20.0
....... 2........ @lMaryland....... @lConstruction of Durham Road Bridge #75 in Harford County, MD....... 0.5
....... 3........ @lMaryland....... @lConstruction of a replacement bridge at Furnace Road Bridge #74, Harford County, MD....... 0.6
....... 4........ @lMaryland....... @lConstruction of a replacement bridge at South Hampton Road Bridge #47, Harford County, MD....... 1.0
....... 5........ @lMaryland....... @lConstruction of a replacement bridge at Wheel Road Bridge #9, Harford County, MD....... 1.0
....... 6........ @lMaryland....... @lConstruction of a replacement bridge at Watervale Bridge #63, Harford County, MD....... 1.1
....... 7........ @lBaltimore County, Maryland....... @lReplacement Papermill Road Bridge #123 in Cockeysville Area of Baltimore, MD....... 5.3
....... 8........ @lSouthern, Oklahoma....... @lTesting of effectiveness of recyclable materials on a resurfacing project on U.S. 70 in Southern, OK....... 2.1
....... 9........ @lTulsa, Oklahoma....... @lUpgrade U.S. 75 to Expressway standards, Tulsa, OK....... 14.0
....... 10........ @lAtlanta, Georgia....... @lFor various transportation improvements in connection with the 1996 Olympics, including the city of Atlanta advanced traffic management system (IVHS)....... 58.1
....... 11........ @lChicago, Illinois....... @lComputerized infrastructure management systems, Chicago, IL....... 4.3
....... 12........ @lOceanside, California....... @lConstruction of A, B, and C segments of State Route 76....... 14.4
....... 13........ @lCarlsbad, California....... @lImprovements to the interchange at Palomar Airport Road and Interstate 5....... 3.4
....... 14........ @lDanville, Virginia....... @lTo replace bridges on Main and Worsham Streets in Danville, VA....... 10.0
....... 15........ @lMokena, Illinois....... @lFor construction of Wolf Road to an area between LaPort Road and U.S. Rt. 30 in Mokena, IL....... 1.4
....... 16........ @lFrankfort, Illinois....... @lVillage of Frankfort Roadway improvement projects....... 1.3
....... 17........ @lPlainfield, Illinois....... @lReplacement of E J & E Viaduct over IL Rt. 59 and Dupage River Tributary....... 1.0
....... 18........ @lRomeoville, Illinois....... @lReplacement of 135th Street Bridge, Romeoville, IL....... 5.9
....... 19........ @lWater Street, Pennsylvania....... @lConstruction of a 2 lane bypass around the Borough of Water Street on U.S. 22 of Pennsylvania....... 8.0
....... 20........ @lHolidaysburg, Pennsylvania....... @lTo relocate U.S. 22 around the Borough of Holidaysburg, Pennsylvania....... 52.0
....... 21........ @lLewistown, Pennsylvania....... @lFor safety improvements on the Narrows to eliminate potential problems brought on by rock slides....... 1.6
....... 22........ @lPennsylvania....... @lTo relocate U.S. Rt. 22 North of Lewistown, Pennsylvania....... 58.3
....... 23........ @lReedsville, Pennsylvania....... @lFor construction of a 4 lane highway between Reedsville and Seven Mountains, Pennsylvania....... 35.1
....... 24........ @lPennsylvania....... @lTo relocate section of railroad tracks between Hagerstown, Maryland and Shippensburg, Pennsylvania to eliminate 23 at-grade crossings and to make connection to an existing railroad line....... 14.4
....... 25........ @lRoaring Spring, Pennsylvania....... @lTo upgrade to 3 lanes by adding a center turning lane a section of Pennsylvania 36 from New U.S. 220 to the intersection at Roaring Spring, Pennsylvania....... 8.8
....... 26........ @lAltoona, Pennsylvania....... @lTo widen and extend Chestnut Avenue from Altoona to Juniata, Pennsylvania....... 7.12
....... 27........ @lBedford County, Pennsylvania....... @lTo widen Rt. 30 from the Narrows in Bedford to Mt. Dallas, Pennsylvania....... 48.0
....... 28........ @lBrevard County, Florida....... @lDesign, acquire right-of-way and construct a widened bridge on State Road 3 over the Barge Canal....... 6.9
....... 29........ @lBlacksburg, Montgomery County, Virginia....... @lConstruction of 6 mile 4 lane highway to demonstrate intelligent/vehicle highway systems....... 5.9
....... 30........ @lMobile, Alabama....... @lFor reconstruction of the West Tunnel Plaza Interchange on I-10 from Virginia Street to Mobile River Tunnel, Mobile, Alabama....... 15.0
....... 31........ @lPennsylvania....... @lTo widen U.S. Rt. 202 from King of Prussia to Montgomeryville, Pennsylvania....... 8.9
....... 32........ @lGalina, Illinois....... @lTo conduct environmental, preliminary engineering and design studies to widen a 47 mile stretch of U.S. 20 to 4 lanes....... 2.0
....... 33........ @lAreneck County, Michigan....... @lTo improve a 12-mile stretch of U.S. 23 between Rt. 13 and Rt. 65, Michigan....... 4.7
....... 34........ @lBrooks, Jim Wells, and Live Oak Counties, Texas....... @lTo improve, upgrade and widen U.S. 281 to the Mexican Border....... 27.6
....... 35........ @lAlabama....... @lTo construct a 4-lane access controlled highway to bypass Montgomery, Alabama and connect I-65 and I-85....... 11.8
....... 36........ @lNorth Dakota....... @lTo design computerized system to inventory and manage off system bridge repairs or replacement statewide; begin repair activities....... 8.9
....... 37........ @lLos Angeles, California....... @lFor preliminary work on a project to enhance the capacity of I-5 in Los Angeles and Orange County from the downtown area to the State Rt. 91 interchange in Buena Park....... 6.7
....... 38........ @lMendon, Illinois....... @lTo construct 14.8 miles of Highway 336 from Illinois Rt. 61 near Mendon, Illinois to West Point Road....... 5.0
....... 39........ @lBryden, Washington....... @lConstruct 3 miles of new and improved highways connecting Clarkston, Washington with Lewiston, Idaho....... 3.9
....... 40........ @lMissouri....... @lTo widen I 55 between Rt. M and Rt. 67 in Jefferson County, Missouri....... 5.1
....... 41........ @lJefferson County, Missouri....... @lTo upgrade 7.9 miles of Missouri Highway 21 in Jefferson County, Missouri....... 5.1
....... 42........ @lSt. Louis, Missouri....... @lTo construct a 4-lane outer beltway connecting I-55 and I-44 in St. Louis and Jefferson County, Missouri....... 7.6
....... 43........ @lHillsborough, Florida....... @lWiden and enhance safety and drainage features of I-4 from Tampa to the Hillsborough County Line....... 24.5
....... 44........ @lWichita, Kansas....... @lTo construct a 6 lane access controlled highway and interchange at Oliver Street....... 6.6
....... 45........ @lBrigham City, Utah....... @lTo construct an interchange on I-15 at Forest St. in Brigham City, Utah....... 3.6
....... 46........ @lUtah....... @lFor the upgrading of U.S. 89 in Davis and Weber Counties, Utah....... 3.0
....... 47........ @lGrand Rapids, Michigan....... @lFor construction of a bypass around Grand Rapids, Michigan connecting I-96 and I-196....... 6.9
....... 48........ @lSuffolk County/Long Island, New York....... @lAvoid erecting costly areas through selective black topping through high noise road segments....... 2.0
....... 49........ @lSuffolk County, New York....... @lEvaluate suitability of composting and recycling for use on Federal-aid highway medians and perimeters....... 0.4
....... 50........ @lSpringfield, South Dakota....... @lPlan, engineer and construct a bridge across the Missouri River to connect South Dakota Rt. 37 to Nebraska Highway 12....... 4.7
....... 51........ @lVermillion, South Dakota....... @lEngineer and construct bridge across the Missouri River in the vicinity of Vermillion, South Dakota....... 3.6
....... 52........ @lPennsylvania....... @lDesign, engineer and construct 2 exits off Interstate 81 at Wilkes-Barre and Mountaintop, Pennsylvania....... 16.7
....... 53........ @lGenesse, Michigan....... @lWiden and improve pavement in Mundy Township, from Baldwin Rd. to Cook Rd........ 0.16
....... 54........ @lFlint, Michigan....... @lEngineer, design and construct improved and widened 5-lane road....... 0.5
....... 55........ @lFlint, Michigan....... @lEngineer, design and construct 1.02 miles of 5-lane roadway....... 0.9
....... 56........ @lFlint, Michigan....... @lRight-of-way acquisition, relocation and construction of Bristol Road....... 3.1
....... 57........ @lSalem, Oregon....... @lTo construct the Salem Bypass around Salem, Oregon....... 6.0
....... 58........ @lMontgomeryville, Pennsylvania....... @lTo improve U.S. 202 from Montgomeryville to Doylestown, Pennsylvania....... 10.8
....... 59........ @lAmherst/Erie County, New York....... @lWiden 2 miles of Rt. 263 from 2 lanes to 4 lanes and rehabilitate a 4 mile stretch of Rt. 78....... 7.6
....... 60........ @lIdaho....... @lTo improve the Bryden Canyon Rd. in Lewiston, Idaho....... 5.3
....... 61........ @lMojave, California....... @lWiden and reconstruct bridge to CALTRANS height standards....... 1.8
....... 62........ @lFreemont, Iowa....... @lFor construction of Iowa highway #2 from Sidney, Iowa to I-29 in Freemont County, Iowa....... 8.7
....... 63........ @lCouncil Bluffs, Iowa....... @lFor a variety of improvements to the Valley View Corridor in Council Bluffs, Iowa....... 1.0
....... 64........ @lIndiana....... @lConstruct extension of Interstate 69 to link Evansville and Indianapolis, Indiana....... 3.8
....... 65........ @lAberdeen, Ohio ....... @lU.S. 62 Ohio River Bridge ....... 15.5
....... 66........ @lJacksonville, Illinois ....... @lU.S. 67 Jacksonville Bypass ....... 15.8
....... 67........ @lSnohomish, Washington ....... @lSnohomish County, Washington HOV Lanes ....... 6.5
....... 68........ @lPortland/S. Portland, Maine....... @lPortland-S. Portland Bridge....... 134.5
....... 69........ @lIowa....... @lHighway 63 Improvements, Waterloo to New Hampton, Iowa....... 15.1
....... 70........ @lBrook Park, Ohio....... @lAerospace Technology Park Access Rd., Brook Park, Ohio....... 14.2
....... 71........ @lCalifornia....... @lRt. 156 Hollister Bypass, San Benito, California....... 0.9
....... 72........ @lMonterey, California....... @lRt. 101, Prunedale, California....... 4.2
....... 73........ @lNew Jersey....... @lRt. 21 Viaduct, Newark, New Jersey, City of Newark's Project....... 14.8
....... 74........ @lNew Jersey....... @lRt. 21 widening, Newark, New Jersey, City of Newark's Project....... 13.9
....... 75........ @lNorth Carolina....... @lU.S. 64 widening in Chatham and Wake Counties, North Carolina....... 5.3
....... 76........ @lTennessee....... @lI 81/Industrial Park South Interchange, Sullivan County, Tennessee....... 5.8
....... 77........ @lTennessee....... @lFoothills Parkway: Pittman Center to Cosby, Tennessee....... 11.2
....... 78........ @lOhio....... @lKelly Avenue extension, Akron, Ohio....... 9.5
....... 79........ @lExton, Pennsylvania....... @lExton Bypass, Exton, Pennsylvania ....... 26.8
....... 80........ @lAlabama....... @lBlack Warrier River Bridge, Tuscaloosa County, Alabama....... 6.4
....... 81........ @lBrooklyn Park, Minnesota....... @lHighway 610 crosstown project, Brooklyn Park, Minnesota....... 36.0
....... 82........ @lCalifornia....... @lI 880/Alvarado-Niles Road Interchange, Union City, California....... 9.5
....... 83........ @lMerrysville, Washington....... @lInterstate 5 Interchange improvement: 88th Street, Merrysville, Washington....... 1.9
....... 84........ @lMyrtle Beach, South Carolina....... @lCarolina Bays Parkway, Myrtle Beach, South Carolina....... 5.9
....... 85........ @lMississippi....... @lU.S. 90 improvements including 6 lane bridge and approaches, Pascagoula, Mississippi....... 4.3
....... 86........ @lBakersfield, California....... @lRt. 58 Improvements, Bakersfield, California....... 4.7
....... 87........ @lSanta Fe Springs, California....... @lNorwalk Blvd. grade separation, Santa Fe Springs....... 4.7
....... 88........ @lHoquiam, Washington....... @lGray's Harbor Industrial Corridor Bridge, Hoquiam, Washington....... 4.7
....... 89........ @lTraverse City, Michigan....... @lTraverse City Bypass, Traverse City, Michigan....... 4.5
....... 90........ @lNevada....... @lLamoille Highway widening, Elko County, Nevada....... 2.4
....... 91........ @lReno, Nevada....... @lU.S. 395 Extension, in vicinity of Reno, Nevada....... 14.8
....... 92........ @lCarson City, Nevada....... @lCarson City Bypass, Carson City, Nevada....... 7.6
....... 93........ @lColumbus, Ohio....... @lI-270 North outerbelt widening, Franklin County, Ohio....... 10.2
....... 94........ @lSt. Thomas, Virgin Islands....... @lFeasibility study of constructing a second road to the west end of the island....... 1.7
....... 95........ @lIllinois....... @lDeQuoin Highway Bridge....... 2.6
....... 96........ @lIllinois....... @lTamarack Street Extension....... 0.6
....... 97........ @lIndiana....... @lEast Chicago Marina Access Road....... 8.5
....... 98........ @lDistrict of Columbia....... @lHybrid Fuel Cell....... 3.6
....... 99........ @lOhio....... @lRehabilitation of Bridge on U.S. 224 near State Route 616....... 1.0
....... 100........ @lArkansas....... @lNorth Belt Freeway Project, Thornton, Arkansas....... 8.9
....... 101........ @lFt. Worth, Texas....... @lI 35 Basswood Interchange, Ft. Worth, Texas....... 17.8
....... 102........ @lIllinois....... @lIllinois 17 road replacement, .2 miles west of Splear Road to Illinois 1: 5.3 miles....... 1.8
....... 103........ @lLeroy, Illinois....... @lU.S. 150 road replacement, North of Hemlock Street to South of Gilmore Street in Leroy: 1.6 miles....... 1.0
....... 104........ @lFord County, Illinois....... @lU.S. 24 replacement, 1.1 miles east of Forrest to Ford County Line: 8.0 miles....... 1.8
....... 105........ @lIllinois....... @lU.S. 24 road replacement: Crescent City to Illinois 1 in Watseka: 6.3 miles....... 2.5
....... 106........ @lEmington, Illinois....... @lEmington Spur road replacement Illinois 47 to Emington: 2.9 miles Emington, Illinois....... 0.65
....... 107........ @lIllinois....... @lNew Lenox Road Improvement....... 2.5
....... 108........ @lIllinois....... @lShorewood Roadway Improvements....... 1.3
....... 109........ @lIllinois....... @lBridge painting of various moveable bridges to prevent rusting, Chicago, Illinois ....... 2.8
....... 110........ @lHuntington County, Pennsylvania....... @lJacobs Timber Bridge over Greater Trough Creek....... 0.35
....... 111........ @lChicago, Illinois....... @lLandscaping, resurfacing, repair and replacement of curbs and gutters, bridge cleaning and repair of lights and redesigning and installation of new signs historic 28 mile Boulevard, Chicago, Illinois....... 5.4
....... 112........ @lCadillac, Michigan....... @lImprovements to highway U.S. 131, north of Cadillac ....... 4.2
....... 113........ @lDurham County, North Carolina....... @lAccelerated construction of a four-lane divided freeway on Route 147....... 38.3
....... 114........ @lCorpus Christi to Angleton, Texas....... @lConstruct new multi-lane freeway....... 41.7
....... 115........ @lFort Worth, Texas....... @lConstruction of an overpass and frontage road at the Fort Worth Hillwood/I-35 interchange....... 12.7
....... 116........ @lWest Sacramento, California....... @lConstruction of Industrial Boulevard Bridge over Sacramento River Barge Canal in West Sacramento, California....... 8.3
....... 117........ @lBaltimore County, Maryland....... @lI-695 Improvements in Baltimore County, Maryland....... 23.9
....... 118........ @lHampton Roads, Virginia....... @lI 64 Crossing of Hampton Roads....... 5.9
....... 119........ @lCalumet City, Illinois....... @lReconstruction of 156th Street and 156th Place from Burkham Avenue to State line....... 1.3
....... 120........ @lFrankfort Township, Illinois....... @lImprovements of streets in Frankfort Township....... 1.0
....... 121........ @lMatteson, Illinois....... @lI 57 Bridge Improvements....... 3.6
....... 122........ @lIllinois....... @lRoad Improvement, U.S. 150/Ill. 1 from Belguim to South of Westville....... 3.8
....... 123........ @lIllinois....... @lRoad Improvement, U.S. 45 from Savoy to Tolono....... 5.6
....... 124........ @lAlabama....... @lPatton Island Bridge Project....... 4.7
....... 125........ @lBorough of Paulsboro, New Jersey....... @lConstruction of a new bridge to improve safety....... 2.7
....... 126........ @lMinnesota....... @lCompletion of Cross-Range Expressway (Trunk Highway 169)....... 13.0
....... 127. ....... @lHinckley, Minnesota....... @lSafety and capacity improvements to Trunk Highway 48 and relocation of County Road 134....... 2.0
....... 128........ @lMinnesota....... @lTrunk Highway 53, Twig to Trunk Highway 37....... 9.5
....... 129........ @lMinnesota....... @lTrunk Highway 169, Grand Rapids to High City....... 9.0
....... 130........ @lMinnesota....... @lTrunk Highway 61, Schroeder to Grand Marais....... 18.0
....... 131........ @lWisconsin....... @lImprovements to Highway 41, Oshkosh to Green Bay....... 41.7
....... 132........ @lWisconsin....... @lImprovements to Highway 29, Chippewa Falls to State Trunk Hwy. 73....... 28.3
....... 133........ @lMinnesota....... @lTrunk Highway 37 and Hughes Rd....... 0.5
....... 134........ @lPennsylvania....... @lRoute 120 widening in vicinity of Lock Haven....... 4.0
....... 135........ @lPennsylvania....... @lReplace U.S. 15 bridge across Tioga River....... 3.2
....... 136........ @lPennsylvania....... @lWysox Narrows Rd. (U.S. 6)....... 3.0
....... 137........ @lChicago, Illinois....... @lImprovements on Kennedy Expressway, except that the allocation percentages under this section 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....... 175.0
....... 138........ @lSouth Carolina....... @lSouthern Connector Highway improvements in Greenville County; Highway 17 Bridge Replacement Projects over Cooper River, Charleston; Carolina Bays Parkway improvements, Myrtle Beach (funds to be equitably divided among these facilities)....... 11.0
....... 139........ @lSouth Carolina....... @lRail Corridor Revitalization in Columbia, South Carolina....... 4.0
....... 140........ @lRhode Island....... @lFor design and construction of a stormdrain retrofit on I-95 and other highway runoff programs to protect Narragansett Bay ....... 13.0
....... 141........ @lSouth Kingstown, Rhode Island....... @lFor historic renovation and development of an intermodal center at the Kingston Railroad Station....... 2.0
....... 142........ @lLincoln and Cumberland, Rhode Island....... @lFor historic rehabilitation of the Albion Bridge and Albion Trench Bridge....... 2.0
....... 143........ @lNewport, Rhode Island....... @lTo develop the marine mode of the intermodal Gateway Transportation Center....... 6.0
....... 144........ @lBristol, Rhode Island....... @lFor road improvements in Bristol, Rhode Island....... 2.0
....... 145........ @lPennsylvania....... @lAn applied technology demonstration in advanced technology demonstrations in advanced driver information systems, with a special emphasis on display instrumentation 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....... 2.0
....... 146........ @lVermont....... @lConstruction of a highway from U.S. 7, North of Bennington, Vermont southwest to NY 7 in Hoosick, NY....... 20.0
....... 147........ @lWoonsocket, Rhode Island....... @lFor construction of Route 99 Extension....... 1.96
....... 148........ @lWoonsocket, Rhode Island....... @lFor repaving streets in Woonsocket....... 1.40
....... 149........ @lWoonsocket, Rhode Island....... @lFor improvements to 3 bridges crossing the Blackstone River....... 0.35
....... 150........ @lCranston, Rhode Island....... @lFor reconstruction and repaving of Park Avenue, Sockanossett Crossroads, Olney Arnold Road, South Comstock Parkway, Wildflower Drive, Aqueduct Road and Mapleton Street....... 5.7
....... 151........ @lRhode Island....... @lFor operating expenses of the Rhode Island Public Transit Authority....... 18.0
....... 152........ @lNew Hampshire....... @lTo study corridor protection for New Hampshire Route 16....... 2.0
....... 153........ @lNorth Conway, New Hampshire....... @lTo provide congestion relief on U.S. 302 and New Hampshire Route 16....... 6.3
....... 154........ @lKansas....... @lTo widen U.S. 81 7 15 miles Belleville to Concordia....... 7.0
....... 155........ @lKansas....... @lTo construct Hutchinson Bypass between U.S. 50 and K 96 Hutchinson, Kansas....... 24.4
....... 156........ @lWyoming....... @lFor reconstruction of county roads not on the State Highway System by the Wyoming State Department of Transportation....... 20.0
....... 157........ @lVirginia....... @lFor the rehabilitation, renovation, reconstruction, resurfacing, safety improvements and modernization on the existing 1,069 mile Interstate system in Virginia to be distributed by the Commonwealth Transportation Board, to the maximum extent possible, on an equitable regional basis....... 63.5
....... 158........ @lMinnesota....... @lHennepin County, Minnesota Bloomington Ferry Bridge/C.S.A.H. 18 Replacement Project Bloomington, MN....... 18.0
....... 159........ @lMinnesota....... @lNicollet County, Minnesota C.S.A.H. 41 for roadway stabilization and rockfall control North Mankato, MN....... 3.0
....... 160........ @lMinnesota....... @lSt. Cloud, Minnesota T.H. 15 bridge across Mississippi River and Interchange with T.H. 10....... 3.24
....... 161........ @lMinnesota....... @lMinnesota Safety Initiative Program ($2 million to demonstrate the safety benefits of retoreflective pavement markings and signs, especially for nighttime and older drivers; $1 million to demonstrate the safety and environmental benefits of elastomer modified asphalt in cold weather climates)....... 3.0
....... 162........ @lNew York, New York....... @lHell Gate Viaduct: upgrade, repair & paint....... 55.0
....... 163........ @lNew York, New York....... @lFerry Landing, Battery Park: Reconstruction of ferry landing within Battery Park....... 2.0
....... 164........ @lNew York, New York....... @lFoley Square Plaza: Transportation improvements & construction activities for Foley Square Plaza development....... 5.25
....... 165........ @lNew York, NY....... @lFranklin Delano Roosevelt Drive: To reconstruct & improve several sections of Franklin Delano Roosevelt Drive....... 10.0
....... 166........ @lCorning, NY....... @lCorning Bypass Improvements....... 11.0
....... 167........ @lNelson County, North Dakota....... @lGrading & surfacing: from U.S. Highway 2 at Michigan southerly to ND Highway 15 at McVille; and of FAS 3220 from ND 1 to ND 32....... 8.5
....... 168........ @lStutsman County, North Dakota....... @lSurfacing from I 94 north & east through Spiritwood, then north to ND Highway 9....... 4.0
....... 169........ @lStelle/Griggs County, North Dakota....... @lGrading & surfacing of FAS 4612 & FAS 2012 from ND 32 to ND 45....... 2.9
....... 170........ @lGrand Forks County, North Dakota....... @lSurfacing of FAS 1822 from FAS 1833 to I 29, & FAS 1812 from FAS 1833 to I 29, & FAS 1833 from FAS 1824 to ND 15....... 2.6
....... 171........ @lRichland County, North Dakota....... @lGrading & surfacing from Wahpeton to the Froedtert Malting Plant....... 0.6
....... 172........ @lWard/McHenry County, North Dakota....... @lGrading & surfacing FAS 5158 & FAS 2546 from U.S. 83 to ND 41........ 4.5
....... 173........ @lBottineau County, North Dakota....... @lGrading & surfacing from Bottineau to ND Highway 43....... 2.4
....... 174........ @lMcKenzie County, North Dakota....... @lGrading & surfacing of FAS 2750 from U.S. 85 west 12 miles....... 2.3
....... 175........ @lWells County, North Dakota....... @lGrading & surfacing of FAS 5215 from FAS 5208 north to the county line, & from U.S. 52, one mile west of Manfred, north to FAS 5208....... 2.5
....... 176........ @lTraill County, North Dakota....... @lGrading & surfacing of FAS 4916 from ND 200 east to the Red River....... 2.8
....... 177........ @lEddy County, North Dakota....... @lGrading & 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....... 2.5
....... 178........ @lRenville/Ward County, North Dakota....... @lGrading & surfacing, starting at FAS 3809 on the Ward County line south 4 miles & then east 2 miles....... 0.9
....... 179........ @lMorton County, North Dakota....... @lGrading & surfacing of FAS 3020 from ND 49 southeasterly to FAS 3033....... 3.1
....... 180........ @lWalsh County, North Dakota....... @lSurfacing of FAS 5017 from Lankin south to the Nelson County line & FAS 5022 from Fordville east to ND 18....... 2.5
....... 181........ @lDickey County, North Dakota....... @lGrading & 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....... 4.0
....... 182........ @lBurke County, North Dakota....... @lGrading & surfacing of FAS 0717 from Lignite south to ND 50....... 4.4
....... 183........ @lMorton County, North Dakota....... @lFor a bypass from ND 1806 around the westside of Fort Lincoln State Park....... 3.2
....... 184........ @lRolette County, North Dakota....... @lGrading & surfacing from U.S. 281 around the access loop road in the Int'l. Peace Gardens....... 1.9
....... 185........ @lOliver County, North Dakota....... @lGrading & surfacing of FAS 3331 from ND 200A at Hensler southerly to ND 25, & FAS 3304 from FAS 3331 east to FAS 3339....... 2.9
....... 186........ @lWilliams County, North Dakota....... @lGrading & surfacing at County Rd. 5 from U.S. 2 southerly to ND 1804....... 2.5
....... 187........ @lPlummer, Idaho....... @lReconstruct 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 located on Peedee Hill from approximately M.P. 3.6 to M.P. 4.9 and M.P. 5.7 to M.P. 6.7....... 3.6
....... 188........ @lLemhi County, Idaho....... @lReconstruct 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....... 25.6
....... 189........ @lSt. Maries, Idaho....... @lRehabilitate 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/Shoshone County Line....... 3.4
....... 190........ @lLewiston, Idaho....... @lConstruct a new road for a total of 2.4 miles along FAU Route 7344, M.P. 0.0-2.4, in Bryden Canyon, Lewiston....... 3.9
....... 191........ @lBear Lake County, Idaho....... @lReconstruct a 13.0 mile segment of U.S. 89 (FAP-53) between the communities of Montpelier and Geneva....... 18.5
....... 192. ....... @lAlabama ....... @lImprovements to Anniston Eastern Bypass, in the vicinity of U.S. 431 and Alabama State Hwy. 21 north of Anniston to the Golden Springs interchange on I-20 ....... 11.0
....... 193. ....... @lCorning, New York ....... @lAdditional funding for Corning Bypass (Route 1), except any excess funds from the $13.4 million in total funding for this project shall be available for construction of two additional expressway lanes from Chautauqua Lake Bridge to Pennsylvania border on Route 17 ....... 2.4
....... 194. ....... @lBillings, Montana ....... @lConstruction of the Shilo I-90 Interchange ....... 11.0
....... 195. ....... @lMissoula, Montana ....... @lConstruction of the Missoula Airport I-90 Interchange ....... 7.0
....... 196. ....... @lOrlando, Florida ....... @lLand & right-of-way acquisition & guideway construction for magnetic limitation project....... 97.5
....... 197. ....... @lToledo, Ohio ....... @lDesign & initial construction of a new I-280 Maumee River crossing to replace the Craig Memorial Bridge ....... 37.0
....... 198. ....... @lNew London-Groton/Bridgeport/New Haven, Connecticut ....... @lRehabilitate or replace: The Gold Star Bridge over the Thames River I-95 between New London & Groton; the Bridge over the Yellow Mill Channel (Bridgeport); & the Tomlinson Bridge on Rte. 1 over the Quinnipiac River (New Haven) ....... 62.0
....... 199. ....... @lRaleigh/Rocky Mount/Elizabeth City, North Carolina ....... @lDesign & Construction of interstate standard highway from Rocky Mount, NC to Elizabeth City, NC, & for the upgrading of I-64 from Raleigh, NC to Rocky Mount, NC, & Rte. 17 from Elizabeth City to Norfolk. A substantial portion of the funding should be used for the Rocky Mount to Elizabeth segment ....... 30.0
....... 200. ....... @lBinghamton, New York ....... @lA study of the feasibility of rehabilitation of the South Washington Street Bridge in Binghamton, NY, to identify plans & specifications for repair if feasible. ....... 0.5
....... 201. ....... @lDistrict of Columbia ....... @lAdvanced composite bridge deck demonstration at Catholic University ....... 0.2
....... 202. ....... @lGeorgia....... @lFor any highway improvement projects eligibile for funding under title 23, United States Code ....... 27.0
....... 203........ @lHawaii....... @lFor any highway improvement projects eligibile for funding under title 23, United States Code ....... 6.0
....... 204........ @lOklahoma....... @lFor any highway improvement projects eligibile for funding under title 23, United States Code ....... 59.0
(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 delegated 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 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 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) 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) 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 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 authorized to carry out the priority intermodal transportation projects described in this subsection. 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:
@h1@h1@h1CITY/STATE@h1INTERMODAL PROJECTS@h1AMOUNT in millions
....... 1........ @lLong Beach, California....... @lInterchange at Terminal Island Freeway and Ocean Boulevard....... 11.8
....... 2........ @lWilmington/Los Angeles, California....... @lWidening of Anaheim Street Viaduct....... 11.8
....... 3........ @lWilmington/Los Angeles, California....... @lGrade Separation Project of Pacific Coast Highway near Alameda Suite....... 11.8
....... 4........ @lCompton City/Los Angeles County, California....... @lWidening of Alameda Street and grade separation between Rt. 91 and Del Amo Boulevard....... 11.8
....... 5........ @lPennsylvania....... @lUpgrading U.S. Highway 30 from Ohio Border to Pittsburgh International Airport....... 3.2
....... 6........ @lPhiladelphia, Pennsylvania....... @lReconstruction of the Old Delaware Avenue Service Road....... 2.4
....... 7........ @lArdmore, Oklahoma....... @lStudy of upgraded State Route 53 off U.S. 35 leading to improved Ardmore Airport....... 2.5
....... 8........ @lDetroit, Michigan....... @lTo 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)....... 4.3
....... 9........ @lE. Haven/Wallingford, Connecticut....... @lImprovement of highway and transit projects in East Haven/Wallingford, Connecticut ($8.8 million for East Haven Route 80, $2.4 million for Wallingford I-91, and $0.7 million for Wallingford Oakdale)....... 10.1
....... 10........ @lSt. Louis, Missouri....... @lRehabilitation of Eads Bridge, St. Louis, Missouri....... 8.9
....... 11........ @lAtlanta, Georgia....... @lStudy of 5-Points Intermodal Terminal-Atlanta, Georgia....... 2.4
....... 12........ @lBuffalo, New York....... @lConstruction of Buffalo River/Gateway Tunnel Project....... 20.2
....... 13........ @lNorthern California....... @lPurchase right-of-way and develop a transportation corridor in existing rail right-of-way from Larkspur to Korbel, and Novato to Lombard....... 15.1
....... 14........ @lPortland, Oregon....... @lTo widen 2.7 miles of U.S. 26 from the Zoo interchange to the Sylvan Interchange to accommodate highway lanes and light rail alignment....... 14.2
....... 15........ @lLos Angeles, California....... @lFor construction of a multi-modal transit parkway that includes both highway and transit improvements on Santa Monica Blvd. from the San Diego Freeway to Hollywood Freeway, Los Angeles, California ....... 8.9
....... 16........ @lJacksonville, Florida....... @lConstruct new I-295 Interchange and arterial access road to link Jacksonville's seaport, airport terminals and the interstate....... 7.1
....... 17........ @lLas Vegas, Nevada....... @lConduct environmental studies and preliminary engineering for the western and northern portions of the project linking McCarran International Airport with I-15....... 3.8
....... 18........ @lOntario, California....... @lTo complete construction of access roads to Ontario International Airport, Ontario, California....... 4.7
....... 19........ @lAllegheny County, Pennsylvania....... @lFor an expansion of the existing Martin Luther King, Jr. Busway in the vicinity of Allegheny County, Pennsylvania to serve the Greater Pittsburgh International Airport and adjoining communities....... 21.7
....... 20........ @lPierce County, Washington....... @lConduct feasibility study and analyze expanding Tacoma Narrows Bridge and other transportation alternatives between State Rd. 16 and I-5....... 0.7
....... 21........ @lSan Jose, California....... @lUpgrade Rt. 87 from 4 to 6 lanes including 2 HOV Lanes, a new freeway interchange and local circulation system for San Jose International Airport....... 14.8
....... 22........ @lAmerican Samoa....... @lRehabilitate 8 miles of Tau Road from Falessao to Fatuita American Samoa....... 1.1
....... 23........ @lManu'a Island, American Samoa....... @lRehabilitate and otherwise improve 8 miles of roadway from Ofu to Olosfaga and Slie....... 1.2
....... 24........ @lSpokane, Washington....... @lConduct feasibility study of future transportation needs of Southeastern, Washington....... 0.8
....... 25........ @lDetroit, Michigan....... @lTo provide for construction of an access road to Detroit Metropolitan Airport including access on the southern end of the airport in order to provide a link to I-275....... 33.8
....... 26........ @lPittsburgh, Pennsylvania....... @lFor design and construction of an exclusive busway linking Pittsburgh and the Pittsburgh Airport....... 9.8
....... 27........ @lSt. Louis, Missouri....... @lTo construct a multi-modal transportation facility in St. Louis, Missouri....... 5.9
....... 28........ @lOrange & Rockland, New York....... @lTo construct park and ride facilities and establish innovative traffic management system measures to promote efficient transportation usage....... 4.7
....... 29........ @lPhiladelphia, Pennsylvania....... @lTo improve mobility for a variety of traffic flow projects in the vicinity of the Pennsylvania Convention Center, Philadelphia, Pennsylvania....... 9.5
....... 30........ @lOxnard, California....... @lTo extend Rice Rd., widen Hueneme Rd. and construct Rt. 1/Rice Rd. interchange in order to improve access to Port Hueneme, Oxnard, California....... 8.9
....... 31........ @lLos Angeles, California....... @lTo improve ground access from Sepulveda Blvd. to Los Angeles, California....... 8.95
....... 32........ @lMt. Vernon, New York....... @lTo construct an intermodal facility at the Mt. Vernon Rail Station, Mt. Vernon, New York....... 7.1
....... 33........ @lOrange County, New York....... @lI 87/I 84 Stuart Airport Interchange Project....... 15.7
....... 34........ @lMississippi....... @lI 20 Interchange at Pirate....... 3.4
....... 35........ @lJackson, Mississippi....... @lJackson Airport Connectors....... 3.1
....... 36........ @lPalmdale, California....... @lAvenue P8 Improvements....... 3.6
....... 37........ @lLafayette, Indiana....... @lLafayette Railroad Relocation Project....... 24.3
....... 38........ @lProvo, Utah....... @lSouth Access Rd. to Provo Municipal Airport....... 1.0
....... 39........ @lPennsylvania....... @lEastside Connector Project/Port of Erie Access, Erie County, Pennsylvania....... 7.5
....... 40........ @lMinneapolis, Minnesota....... @lIntermodal Urban connection project, Minneapolis, Minnesota....... 19.9
....... 41........ @lKansas City, Missouri....... @lBruce Watkins Roadway Improvements....... 1.4
....... 42........ @lMissouri....... @lSmith Riverfront Expressway, Jackson/Kansas City, Missouri....... 12.7
....... 43........ @lPortland, Oregon....... @lColumbia Slough Intermodal Expansion Bridge, Portland, Oregon....... 2.1
....... 44........ @lFt. Worth, Texas....... @lFt. Worth Intermodal Center....... 13.4
....... 45........ @lGary, Indiana....... @lExtension of U.S. Highway 12/20 to Lake Michigan....... 2.2
....... 46........ @lCarson/Los Angeles Counties, California....... @lGrade Separation Project at Sepulveda Boulevard and Alameda Street....... 9.5
....... 47........ @lWilliamson, Travis, Caldwell, and Guadalupe, Texas....... @lFeasibility studies (including the effect of closing Bergstrom AFB on traffic corridor), Route studies, preliminary engineering, and right-of-way acquisition for Alternate Route to relieve I-H35 traffic congestion....... 5.2
....... 48........ @lAugusta, Georgia....... @lRailroad relocation demonstration project, overpass at 15th Street and Greene Street....... 5.9
....... 49........ @lLouisiana ....... @lSaint Bernard Intermodal Facility Engineering, Design, and Construction ....... 10.2
....... 50........ @lIllinois....... @lInterstate 255 Interchange....... 3.4
....... 51........ @lLong Beach, California....... @lLong Beach Airport Access....... 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 delegated 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 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 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) 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 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 authorized by this section or by any other section of this Act is a highway or an urban mass transportation project.
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 production of a documentary in cooperation with a not-for-profit national public television station.
(b) Funding.-There is authorized to be appropriated to the Secretary 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.
PART B-NATIONAL RECREATIONAL TRAILS FUND ACT
SEC. 1301. SHORT TITLE.
This part may be cited as the ``Symms National Recreational Trails Act of 1991''.
SEC. 1302. NATIONAL RECREATIONAL TRAILS FUNDING PROGRAM.
(a) In General.-The Secretary, in consultation with the Secretary of the Interior, using amounts available in the Fund, shall administer a program allocating moneys to the States for the purposes 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 Eligibility.-
(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 if-
(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 nonhighway recreational fuel, the State by law reserves a reasonable 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).
(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 recreational 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 payment 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 recreational 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 obligations.-The provisions of paragraphs (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 environmental 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;
(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 corridors 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 approval 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;
(B)(i) 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 wilderness 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 motorized 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, organizations, city and county governments, and other government entities as approved by the State after considering guidance from the recreational trail advisory board satisfying the requirements of subsection (c)(2)(A), for uses consistent with this section.
(B) Compliance.-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 (8)(B), 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 consistent 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 (g)(5); 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) Compliance.-The State shall receive guidance for determining compliance with subparagraph (A) from the recreational trail advisory board satisfying the requirements of subsection (c)(2)(A).
(6) Small state exclusion.-Any State with a total land area of less than 3,500,000 acres, and in which nonhighway recreational 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 application 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 (c)(2)(A), may be exempted from the requirements of paragraph (4) and expended or committed to projects for purposes otherwise 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) Public 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) Eligible state.-The term ``eligible State'' means a State that meets the requirements stated in subsection (c).
(2) Fund.-The term ``Fund'' means the National Recreational Trails Trust Fund established by section 9511 of the Internal Revenue Code of 1986.
(3) Nonhighway recreational fuel.-The term ``nonhighway recreational fuel'' has the meaning stated in section 9503(c)(6) 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.
SEC. 1303. NATIONAL RECREATIONAL TRAILS ADVISORY COMMITTEE.
(a) Establishment.-There is established the National Recreational Trails Advisory Committee.
(b) Members.-There shall be 11 members of the advisory committee, consisting of-
(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 Secretary;
(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, recommendation, 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 entitled 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.
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 persons driving motor vehicles while impaired by alcohol or a controlled 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 accident 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
vehicle accidents.''.
(b) Administrative Requirements and Use of Technology 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 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 jurisdictions as a part of the State highway safety program if such local highway safety programs are approved by the Governor 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 fiscal 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 crosswalks throughout the State.
``(4) Waiver.-The Secretary may waive the requirement of paragraph (3)(C), 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 ``Federal-aid 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 subsections (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 departments 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.
``(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 investigations, communications, emergency medical care, and transportation 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 marketing of new highway safety-related 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, colleges, and universities and corporations, partnerships, sole proprietorships, and trade associations that are incorporated or established 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 subsection, the Secretary may enter into cooperative research and development agreements, as defined in section 12 of the Stevenson-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 Technology 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)''.
SEC. 2004. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.
(a) In General.-Section 410 of title 23, United States Code, is amended to read as follows:
``Sec. 410. Alcohol-impaired driving countermeasures
``(a) General Authority.-Subject to the provisions of this section, 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 Eligibility.-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 determined, 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 administrative 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 procedures 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 driver'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 case 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 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 subparagraph (B).
``(2)(A) 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 returned, or an equivalent amount of non-Federal funds are provided, to those communities which have comprehensive programs 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 individuals under age 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 section if the State is eligible for a basic grant in the fiscal year and makes unlawful the possession of any open alcoholic beverage 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 license 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 driver's license is suspended or revoked by reason of a conviction 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 vehicle 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 programs.-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 controlled substances, or any combination of alcohol and controlled substances;
``(ii) any person who operates a motor vehicle upon the highways 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 controlled substances in his or her body; and
``(iii) the driver's license of a person shall be suspended 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 enforcement 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) refuses 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 revocation 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 suspended or revoked license or in violation of a restriction 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 imprisonment for at least 30 days, and shall upon release from imprisonment receive an additional period of license 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;
``(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 determined, on the basis of 1 or more chemical tests, to have been operating a motor vehicle while under the influence 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 substances.
``(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 prosecuting those persons, and to train personnel in the use of that equipment.
``(f) Administrative Expenses.-Funds authorized to be appropriated to carry out this section shall be subject to a deduction not to exceed 5 percent for the necessary costs of administering the provisions 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.
``(2) Determination of public road mileage.-For the purposes 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 apportionment.
``(4) Reapportionment of noneligible 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 apportioned 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) Applicability 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 provisions relating to the apportionment formula and provisions limiting the expenditure of such funds to the Federal-aid systems, 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 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 aggregate 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.
``(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 substances' 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 meaning 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
``(B)(i) 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 Eligible for Grants Under Section 410 Before Date 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) NHTSA 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.
(a) Establishment.-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 the influence of alcohol or one or more controlled substances or other drugs.
(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 section 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.''.
SEC. 2008. EFFECTIVE DATE; APPLICABILITY.
Except as otherwise provided, this title, including the amendments made by this title, shall take effect on the date of the enactment of this Act, shall apply to funds authorized to be appropriated 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 obligation limitation established by section 102 of this Act for fiscal year 1992.
(b) Obligation 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 211(b) of the National Driver Register Act of 1982 shall be reduced proportionally.
H5 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 National 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, motorcycle, 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 transportation of property or special purpose equipment; and
(5) the term ``Secretary'' means the Secretary of Transportation.
(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 rulemaking 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 Federal 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 reasons 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 of proposed rulemaking if the Secretary determines on the basis 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 determination 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 rulemaking 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 completed 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 rulemaking actions shall be published in the Federal Register, 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 section 2503 which was begun under subparagraph (A) shall be completed within 24 months of the date of publication of an advance notice of proposed rulemaking 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 completion 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 standards 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 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 passenger 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 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.
(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 components 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 manufacturer 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 ehicle' 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 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 judgment, 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 passenger 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 encourage 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, promulgate, 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) 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 (b), 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 statement in an easily understandable format-
(A) that the vehicle is equipped with an inflatable restraint 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.
(b) Schedule.-The amendment promulgated under subsection (a) 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 subsection (c), the percentage prescribed for passenger cars manufactured 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 vehicles.-The amendment shall take effect for 80 percent of each manufacturer's annual production of trucks, buses, and multipurpose passenger vehicles described in subsection (a)(1)(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 manufactured 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 section) 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 application 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 (b), 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 applications of a similar nature of 1 or more manufacturers. Any exemption or renewal shall be conditioned upon the manufacturer's commitment to recall the exempted vehicles for installation of omitted inflatable restraints within a reasonable time proposed by the manufacturer and approved by the Secretary after such components become available in sufficient quantities to satisfy both anticipated 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 installation 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 Secretary 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 amendments 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 percentage reduction in fatalities or injuries of restrained occupants as 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.
(f) 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 passenger cars acquired after September 30, 1994, for use by the Federal Government be equipped, to the maximum extent practicable, 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 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
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 considered 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 TRANSPORTATION 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'.''.
(b) Other References.-Any reference in a law, map, regulation, 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, document, 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 Transportation Administration'' and inserting ``Federal Transit Administration''.
(2) Amendment to section heading.-The heading for section 107 of such title is amended to read as follows:
``Sec. 107. Federal Transit Administration''.
(3) Amendment to chapter analysis.-The analysis for chapter 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.
(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 conservation, international competitiveness, and mobility for elderly persons, persons with disabilities, and economically disadvantaged 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 governments and their instrumentalities to help implement national 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(a)(1) is amended by striking subparagraph (E) and inserting the following
new subparagraph:
``(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 acquisition, 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 construed to affect the validity of any existing letter of intent, full 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 equipment 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 percent of the amounts available for grants and loans under subsection (k)(1)(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(l)(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-
(1) by striking ``75 per centum'' and inserting ``80 percent''; 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 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 demonstrates 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.''.
(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 (b) 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.
Section 3(a)(4) is amended-
(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 availability 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 considered 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 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 aligning 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 letters 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 ``section 3 of this Act''; and
(6) in the sentence that begins ``The total amount covered'', by inserting ``and contingent commitments included in early systems 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 following new subsection:
``(h) Fixed Guideway Modernization Apportionments.-The Secretary shall apportion the sums made available for fixed guideway 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 apportioned for expenditure in the following urbanized areas according 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 Connecticut, 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 percent.
``(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 paragraphs (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 satisfaction of the Secretary that the urbanized area has modernization 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 eligible for assistance under paragraphs (1), (2), and (3) in accordance with the apportionment formula contained in section 9(b)(2).
``(5) In any fiscal year in which the full amounts authorized under paragraphs (1) and (2) are not made available, the Secretary 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 modernization funds allocated to the New Jersey Transit Corporation 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.''.
SEC. 3009. BUS TESTING.
Section 3 is amended by adding at the end the following new
subsection:
``(m) Bus Testing.-Of the amounts made available for replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus related facilities by subsection (k)(1)(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 financial commitment, including evidence of stable and dependable 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 relevant alternatives;
``(B) shall account for costs related to such factors as congestion relief, improved mobility, air pollution, noise pollution, congestion, energy consumption, and all associated ancillary and mitigation costs necessary to implement each alternative analyzed; and
``(C) shall identify and consider transit supportive existing 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 justification, 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 financial commitment shall be considered acceptable only if-
``(i) the proposed project plan provides for the availability of contingency funds that the Secretary determines to be reasonable to cover unanticipated cost overruns;
``(ii) each proposed local source of capital and operating 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 reduction in existing transit services in order to operate the proposed project.
``(D) Stability 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 dedicated to the purposes proposed; and
``(iii) any debt obligations which exist or are proposed by the recipient for the proposed project or other transit 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 requirements of this section and there is a reasonable chance that the project will continue to meet these requirements at the conclusion 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 \1/3\ 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 subsection 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 (6) and inserting the following new paragraphs:
``(6) Assured timetable for projects in alternatives analysis, preliminary 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 Secretary shall cooperate with the applicant in alternatives analysis and in preparation of a draft environmental impact statement, and shall approve the draft environmental 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) Preliminary engineering stage.-Following circulation 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 criteria 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 agreement 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 provide 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 comment, that the applicant has failed, for reasons solely attributable to the applicant, to comply substantially 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 statement 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 frequently than once every 6 months, to the Committee on Public Works and Transportation of the House of Representatives 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 Secretary'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 consider 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 purposes 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 than the following elements: an extension of the San Francisco Bay Area Rapid Transit District to the San Francisco International Airport (Phase 1a to Colma and Phase 1b to San Francisco Airport), the Santa Clara County Transit District Tasman Corridor Project, and any other program element designated by any modification to Metropolitan 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 Pittsburg 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;
``(II) 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 least 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-Washington 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, including 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 preferred alternative for the connection of the 63rd Street 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 extension; 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 alternative for the South Oak Cliff corridor; the South Oak Cliff corridor extension-Camp Wisdom; the West Oak Cliff corridor-Westmoreland; the North Central corridor-Park Lane; the North Central corridor-Richardson, Plano and Garland extensions; the Pleasant Grove corridor-Buckner; and the Carrollton corridor-Farmers Branch and Las Colinas terminal.
``(viii) Such other programs as may be designated in law or by the Secretary.''.
(b) Transitional Provision.-In the case of a project (including 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:
``SEC. 8. 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, metropolitan 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 development of transportation facilities (including pedestrian walkways and bicycle transportation facilities) which will function as an intermodal 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 (including the central city or cities as defined by the Bureau of the Census) or in accordance with procedures established by applicable State or local law.
``(2) Membership of certain mpo's.-In a metropolitan area designated as a transportation management area, the metropolitan planning organization designated for such area shall include local elected officials, officials of agencies which administer or operate major modes of transportation in the metropolitan area (including all transportation agencies included in the metropolitan planning organization on June 1, 1991) and appropriate 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 authority, under any State law in effect on the date of the enactment of this section, of a public agency with multimodal transportation responsibilities to-
``(A) develop plans and programs for adoption by a metropolitan planning organization; and
``(B) develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant 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 Governor 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 together represent at least 75 percent of the affected population (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 representing 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 monoxide as defined under the Clean Air Act. Such redesignation shall be accomplished using procedures established by subparagraph (A).
``(6) Treatment of large urban areas.-More than 1 metropolitan 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 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 metropolitan planning organization and the Governor.
``(d) Coordination in Multi-State Areas.-
``(1) In general.-The Secretary shall establish such requirements 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 planning 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 planning organization shall consult with the other metropolitan planning 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 applicable 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, airports, intermodal transportation facilities, major freight distribution routes, national parks, recreation areas, monuments and historic sites, and military installations.
``(8) The need for connectivity of roads within the metropolitan 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.
``(15) Capital investments that would result in increased security 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 requirements 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 appropriate 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 expected to be made available to carry out the plan, and recommends any innovative financing techniques to finance needed projects and programs, including such techniques as value capture, tolls and congestion pricing.
``(C) Assess capital investment and other measures necessary to-
``(i) ensure the preservation of the existing metropolitan transportation system, including requirements for operational improvements, resurfacing, restoration, and rehabilitation of existing and future major roadways, as well as operations, maintenance, modernization, and rehabilitation of existing and future transit facilities; and
``(ii) make the most efficient use of existing transportation facilities to relieve vehicular congestion and maximize the mobility of people and
ods.
``(D) Indicate as appropriate proposed transportation enhancement activities.
``(3) Coordination with clean air act agencies.-In metropolitan 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.
``(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 Governor 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 transportation improvement program for the area for which such organization is designated. In developing the program, the metropolitan planning organization shall provide citizens, affected 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 adoption 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 transportation 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 requirements 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 program 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 subsection (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 transportation 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 transportation management areas all urbanized areas over 200,000 population. The Secretary shall designate any additional area as a transportation management area upon the request of the Governor 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 programs 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 transportation 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 Federal 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 improvement 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 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 program under section 9 of the Federal Transit Act. If a metropolitan 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 section 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 development of abbreviated metropolitan transportation plans and programs 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 requirements 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.
``(l) Additional Requirements for Certain Nonattainment Areas.- Notwithstanding any other provisions of this Act or title 23, United States Code, 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 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) Eligibility.-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 departments and agencies, for the planning, engineering, design, and 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 improved 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 improved (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(c)(1) 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 metropolitan areas.-The Secretary shall apportion 80 percent of the amount made available under section 21(c)(1) to States in the ratio that 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 receive less than \1/2\ of 1 percent of the amount apportioned under this paragraph. Such funds shall be allocated to metropolitan planning organizations designated under section 8 by a formula, developed by the State in cooperation with metropolitan planning organizations and approved by the Secretary, that considers population in
urbanized areas and provides an appropriate distribution for urbanized areas to carry out the cooperative 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 apportion 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 selection responsibilities under this section in such areas.
``(4) Hold harmless.-The Secretary shall ensure, to the maximum extent 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 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. 3013. BLOCK GRANT PROGRAM.
(a) Allocations.-Section 9(a) is amended-
(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 section in each fiscal year only in urbanized areas with a population 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 Secretary 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 (2)(A) 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 certifications and any additional certifications required by law to be submitted to the Secretary may be consolidated into a single document to be submitted annually as part of the grant application under this section. The Secretary shall annually publish in conjunction with the publication required under subsection (q) a list of all certifications required under this Act.''.
(e) Streamlined Procedures.-Section 9(e) is amended by adding at the end the following new paragraph:
``(6) Streamlined administrative procedures.-The Secretary 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
``(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 security and safety of existing or planned transit systems.''.
(g) Program of Projects.-Section 9(f) is amended-
(1) by striking ``and'' at the end of paragraph (3);
(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 (j)(1), 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 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.
``(s) Grandfather of Certain Urbanized Areas.-Any area designated 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(c)(11) 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)(11) 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 September 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 (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.
``(2) Determinations.-The Secretary may authorize a transfer 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 consideration 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 paragraph (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:
``(l) 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 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 currently using this procurement method) shall be taken into consideration in the development of the regulations implementing 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 rolling 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 stock and replacement parts pursuant to which the recipient 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 procurement 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 procedures 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 following new subsection:
``(m) Federal Share for Certain Projects.-A Federal grant for a project to be assisted 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 attributable to equipment specified in the preceding sentence.''.
SEC. 3021. TRANSIT SERVICES FOR ELDERLY AND DISABLED INDIVIDUALS.
Section 16 is amended-
(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 approved 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.-
``(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 submitted 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 section 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 apportionment under this subsection that remain available for obligation 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 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 disabilities.''; 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 following:
``(g) Transfer of Facilities and Equipment.-A State may transfer 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 possession 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 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.
Section 18(a) is amended in the second sentence by inserting after ``the latest available Federal census'' the following: ``, the population 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.
Section 21 is amended to read as follows:
``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 specified in paragraph (1), there are authorized to be appropriated to carry out sections 9, 11(b), 12(a), 16(b), 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.
``(b) 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 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 specified 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 obligations.-Approval by the Secretary of a grant or contract with funds made available under subsection (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 (a)(2) 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 available or appropriated under subsection 8(p), an amount equivalent to 3.0 percent of funds made available or appropriated under subsections (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
``(3) $7,000,000 shall be available for the purposes of section 11(b) 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 (b), 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 equivalent 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.
Section 22 is amended-
(1) by inserting ``(a) In 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 Congress 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 providing 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
``(C) minimum standards for establishing and implementing safety plans by recipients of funds under this Act.''.
SEC. 3027. PROJECT MANAGEMENT OVERSIGHT.
Section 23(a) is amended-
(1) by striking paragraphs (1) through (5);
(2) by striking ``\1/2\ of 1 percent of-'' and inserting the following:
``\1/2\ 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 Secretary may as necessary use not more than \1/4\ 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.
``(a) Needs Survey.-In January 1993 and in January of every 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 purchase of buses and related equipment, construction of bus related facilities, and construction of new fixed guideway systems and extensions to fixed guideway systems.
``(2) A 5-year projection of the maintenance and modernization 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, commuter, 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 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 on implementation 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:
``SEC. 28. STATE RESPONSIBILITY FOR FIXED GUIDEWAY SYSTEM SAFETY.
``(a) Withholding of Funds for Noncompliance.-The Secretary may withhold up to 5 percent of the amount required to be apportioned 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 if-
``(1) the State establishes and is implementing a safety program 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 methods of documentation for such system;
``(2) the State designates an agency of the State with responsibility to-
``(A) require, review and approve, and monitor implementation 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 Noncompliance.-
``(1) Period of availability of withheld funds.-Any funds withheld under subsection (a) from apportionment for use in any State in a fiscal year, shall remain available for apportionment 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 compliance.-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 apportionment 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.
``(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 research 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 Secretary 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 percent of that amount shall be apportioned to the States for grants and contracts consistent with the purposes of sections 6, 8, 10, 11, and 20 of this Act.
``(A) Apportionment formula.-Amounts shall be apportioned 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 receive less than \1/2\ 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 (a)(1), as the State deems appropriate.
``(b) National Program.-
``(1) In general.-The funds made available under section 21(c)(4), shall be available to the Secretary for grants or contracts for the purposes of section 6, 8, 10, 11, or 20 of this Act, as 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, demonstration programs, research, public education, and other activities that the Secretary deems appropriate to help transit providers achieve compliance with the Americans with Disabilities 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(e)(4) 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 undertake a program of transit technology development in coordination with affected entities.
``(B) Industry technical panel.-The Secretary shall establish an Industry Technical Panel consisting of representatives 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.
``(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 navigation system demonstration project for the purpose of determining 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 available 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 vertical 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 construction 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 shall publish in the Federal Register notice of the competition to be conducted under this paragraph, together with procedures for public entities to participate in the competition.
``(C) Selection of finalists.-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 competition 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 Secretary 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, management, 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 statement 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 agreement 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 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 agreement 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 agreement 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, alternatives 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 paragraph (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 less.
``(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 Congress 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 respect to the Hudson River Waterfront element of the project and the Secretary shall approve the recommended locally preferred alternative for such element. No element of the project shall be subject to the major capital investment policy of the Federal Transit Administration.
(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 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 deadline.-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 extension 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 environmental 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.
(b) Preliminary Engineering Grant.-
(1) To bart.-Not later than 30 days after the date of submittal of a locally preferred alternatives report and notwithstanding 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 statement 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.-
(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 1a to Colma and Phase 1b 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 1a to Colma.
(B) Not later than 90 days after the date of the completion of preliminary engineering, the Secretary shall approve such construction for BART Phase 1b to San Francisco 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.
(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 1a and Phase 1b) 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 1a and Phase 1b) shall be 75 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.
(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 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.
(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 Resolution No. 1876.
(f) Advance Construction.-The grant agreements under subsection (c)(2) shall provide that the Secretary shall reimburse BART 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(l)(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 Transportation Commission Resolution No. 1876 with BART for Phase 1a to Colma and Phase 1b 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 execute 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 1a to Colma.
(C) Upon completion by BART of 85 percent of final design, the Secretary shall execute such agreement for Phase 1b 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 unobligated 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 Metropolitan 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 provided under section 3(k)(1)(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.
SEC. 3034. MULTIYEAR CONTRACT FOR METRO RAIL PROJECT.
(a) Supplemental EIS.-Not later than April 1, 1992, and in 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 statement 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 Secretary 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 provide Federal funding for the East Side Extension) in such contract.
(2) Execution.-Not later than October 15, 1992, the Secretary shall-
(A) complete negotiations and execute the amended contract 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 paragraph (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 alternatives analysis and satisfaction of Federal environmental requirements.
(5) Advance construction.-
(A) In general.-The amended contract under paragraph (1) shall provide that the Commission may construct any portion of Minimum Operable Segment-3 in accordance with section 3(l) 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 actually 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 reimbursement 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 section 3(l)(2) ofthe 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 (b)(1) 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 (b)(5).
(d) Continuing Preliminary Engineering.-Before the date on 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 Operable Segment-3.
(e) Addition of East Side Extension.-
(1) Alternatives analysis and environmental review.-The Secretary shall cooperate with the Commission in alternatives analysis and environmental review, including preparation 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 Commission, 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 (b)(3).
(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 supplemental environmental impact statement for the East Side Extension and shall publish a notice of completion of such statement in the Federal Register.
(3) Amendment to contract to include east side extension.-
(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 contract 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 Secretary shall-
(i) complete negotiations and execute the amended contract under subparagraph (A); and
(ii) issue a record of decision approving the construction of the East Side Extension.
(C) Contents.-The amended contract under subparagraph (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) Applicability of Federal Requirements.-The amended contracts 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 Assistance Act of 1987.
(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 (3)(C).
(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 approximately 11.6 miles of heavy rail subway on the following lines:
(A) One line running west and northwest from the Hollywood/Vine station to the North Hollywood station, with 2 intermediate stations.
(B) One line running west from the Wilshire/Western station to the Pico/San Vicente station, with one intermediate 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.
SEC. 3035. MISCELLANEOUS MULTIYEAR CONTRACTS.
(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)(1)(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 rehabilitating and constructing stations, parking facilities, and other facilities necessary for the restoration of such commuter rail service.
(b) Westside Light Rail Project.-No later than April 30, 1992, 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 section 3(k)(1)(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 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)(1)(B) of the Federal Transit Act to carry out capital improvements under the North Bay Ferry Service Demonstration Program.
(d) Staten Island-Midtown Manhattan Ferry Service.-No 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)(1)(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, 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)(1)(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)(1)(B) 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.
(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)(1)(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 Improvement 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)(1)(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)(1)(B) of the Federal Transit Act, $13,000,000 for capital improvements and trackage rights related to the extension of commuter rail service from San Jose, through Gilroy, to Hollister, 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)(1)(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)(1)(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 Transportation Authority which includes $278,000,000 from funds made available under section 3(k)(1)(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 Appropriations Act, 1992, is amended by striking ``-'', by striking ``(a)'', by 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(k)(1)(B) 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.
(l) Orlando Streetcar (OSCAR) Downtown Trolley Project.-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)(1)(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, 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)(1)(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)(1)(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 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)(1)(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 Project.-No later than April 30, 1992, the Secretary shall negotiate 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)(1)(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)(1)(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.
(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)(1)(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 metropolitan 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)(1)(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)(1)(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 Development Board which includes, from funds made available under section 3(k)(1)(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 Transportation Authority which includes, from funds made available under section 3(k)(1)(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 Feasibility Study.-No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the Northeast Ohio Areawide Coordinating Agency which includes, from funds made available under section 3(k)(1)(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) RAILTRAN 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)(1)(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 construction 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 enter into a grant agreement with the Cambria County Transit Authority for $1,600,000 for fiscal year 1992 from funds made available under section 3(k)(1)(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 agreement with Eureka Springs Transit for $63,600 for fiscal year 1992 from funds made available under section 3(k)(1)(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, 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)(1)(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.
(bb) 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)(1)(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 Secretary shall negotiate and sign a grant agreement with the Southeastern Pennsylvania Transportation Authority which includes, from funds made available under section 3(k)(1)(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, 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)(1)(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, 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)(1)(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.
(ff) People Mobilizer.-No later than April 30, 1992, the Secretary shall negotiate and sign a grant agreement with PACE which includes, from funds made available to the suburban Chicago urbanized area under section 3(k)(1)(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 assistance 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.
(gg) Centre Area Transportation Authority Reimbursement.- Notwithstanding any other provision of law, the Secretary shall reimburse the Centre Area Transportation Authority in State College, Pennsylvania, from funds made available under section 3(k)(1)(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 available under section 3(k)(1)(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)(1)(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)(1)(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 Secretary 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)(1)(C) of the Federal Transit Act for the purchase of buses and bus-related equipment to be distributed 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.
(ll) 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)(1)(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)(1)(C) of the Federal Transit Act, $12,600,000 for construction of a parking area for the planned East Dublin/Pleasanton BART station.
(nn) Baltimore-Washington Transportation Improvements Program.-The Secretary shall carry out the Baltimore-Washington 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 provide that the Federal share shall be paid from amounts provided under section 3(k)(1)(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 Maryland Department of Transportation for service extensions and other improvements, including extensions of the MARC commuter rail system to Frederick and Waldorf, planning and engineering, purchase of rolling stock and station improvements and expansions. The grant agreement under this paragraph shall be paid from amounts provided under section 3(k)(1)(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)(1)(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 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)(1)(B) of the Federal Transit Act to carry out the construction of the initial segment of the locally preferred alternative as 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)(1)(B) is authorized to be appropriated for capital improvements to allow such service.
(qq) Northeast Philadelphia Commuter Rail Study.-No later 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)(1)(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 I 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)(1)(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 Rehabilitation Project.-No later than 90 days after the date of the enactment of this Act, the 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)(1)(B) of the Federal Transit Act to complete preliminary engineering for Stage II LRT rehabilitation in Allegheny 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 section 3(k)(1)(B) of the Federal Transit Act to carry out the construction 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 Corridor 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 Authority of Harris County which includes $500,000,000 from funds made available under section 3(k)(1)(B) of the Federal Transit Act to carry out the construction of such locally preferred alternative.
(vv) 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)(1)(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 Skyway 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)(1)(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)(1)(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, California.
(yy) 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 available under section 3(k)(1)(B) 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)(1)(B) of the Federal Transit Act, $1,200,000 to provide for the completion of alternatives analysis and preliminary engineering for an extension of the Blue Line to Highland Hills, Ohio.
(aaa) Dulles Corridor Rail Project.-No later than April 30, 1992, the Secretary shall negotiate and sign a multiyear grant agreement with the State of Virginia, or its assignee, which includes, from funds made available under section 3(k)(1)(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.
(bbb) Puget Sound Core Rapid Transit Project.-Not later than 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 section 3(k)(1)(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, 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 section 3(k)(1)(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, 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)(1)(B) of the Federal Transit Act, $3,200,000 for construction of the 14th Street Pedestrian Crossover in Altoona, Pennsylvania.
(eee) Multi-Modal Transit Parkway.-Not later than April 30, 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)(1)(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, Louisiana.-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)(1)(B) of the Federal Transit Act, $4,800,000 to provide for the completion of alternatives analysis, preliminary engineering, and an environmental impact statement for the Canal Street Corridor Light Rail System in New Orleans, Louisiana.
SEC. 3036. 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 ``Interstate Transfer Grants-Transit'' of the Federal Transit Administration 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 appropriated before October 1, 1983, under section 6, 10, 11, or 18 of the Act, or section 103(e)(4) of title 23, United States Code, in effect on September 30, 1991, that remain available for expenditure after 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.
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.
SEC. 3040. CHARTER SERVICES DEMONSTRATION PROGRAM.
(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 purposes 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.
(b) 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 enactment 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 recommendations to improve current charter service regulations.
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 development 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 agreements pursuant to the regulations; and
(4) analyze the extent to which such agreements enable private 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 apportionment under section 9 of the Federal Transit Act of funds provided under section 21(a)(1) 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 assistance under section 9(k)(1) 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)(2)(A) of the Federal Transit Act shall be increased by $2,700,000.
SEC. 3044. FORGIVENESS OF CERTAIN OUTSTANDING OBLIGATIONS.
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 regulation), the outstanding balances on the following loan agreements do not have to be repaid:
(1) Loan agreement number PA-03-9002 made to the Southeastern Pennsylvania Transit Authority.
(2) Loan agreement number PA-03-9003 made to the Southeastern Pennsylvania Transit Authority.
SEC. 3046. MODIFIED BUS SERVICE TO ACCOMMODATE THE NEEDS OF
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 express buses operating along regular routes and as indicated in published route schedules.
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 enactment 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 nationally accepted system allowing ready identification of previously 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 regulations 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;
``(L) gives satisfactory assurances that the State will undertake efforts that will emphasize and improve enforcement 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;
``(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 inspections of shipper facilities affecting highway transportation 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 governments, 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 amended-
(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:
``(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 vehicle, or at seaports where intermodal shipping containers enter and exit the United States;
``(2) for detecting the unlawful presence of a controlled substance (as defined under section 102 of the Controlled Substances 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) Availability, 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, as 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 available 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.
``(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 allocate, 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 demonstration under subsection (g)(5) and for public education under subsection (g)(6), 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 available 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, relating 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 obligate 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 obligate 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 section 402 and which are beneficial to all jurisdictions. Such funds shall be announced publicly and awarded competitively, whenever 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 carrying 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 regulations with the Federal safety regulations and promote other factors intended to promote effectiveness and efficiency that the Secretary determines appropriate.
(l) Intrastate Compatibility.-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 ensuring compatibility of intrastate 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:
``SEC. 407. COMMERCIAL VEHICLE INFORMATION SYSTEM PROGRAM.
``(a) Information System.-
``(1) Registration systems review.-Not later than 1 year after the effective date of this section, the Secretary, in cooperation 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 Transportation 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 established under paragraph (2) shall be paid for by a system of user fees. The Secretary may authorize the operation of the information 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 Secretary shall establish standards to ensure uniform data collection 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 information 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 to States to carry out a project to demonstrate methods of establishing 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 commercial 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 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-propelled 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:
``SEC. 408. TRUCK AND BUS ACCIDENT DATA GRANT PROGRAM.
``(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 accident 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 recommendations 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(g)(3) of this title.''.
SEC. 4005. SINGLE STATE REGISTRATION SYSTEM.
Section 11506 of title 49, United States Code, is amended to read as follows:
``Sec. 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 Efficiency 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; payment of fees.-Under the amended standards implementing the single State registration system described in paragraph (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 standards, reflecting that the carrier has filed proof of insurance as provided under subparagraph (A)(ii) of this paragraph and has paid fee amounts in accordance 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 paragraph shall be deemed to be a burden on interstate commerce.
``(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 prescribed 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 accordance with applicable State laws) with 2 or more cargo carrying units (not including the truck tractor) whose cargo carrying units exceed-
``(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 configuration, 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 (1)(A) and (1)(B), 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 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 paragraphs (1)(A) and (1)(B), such State may allow commercial motor vehicle combinations with 3 cargo carrying units of 28\1/2\ 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.
``(C) Alaska.-In addition to vehicles which the State of Alaska may continue to allow to be operated under paragraphs (1)(A) 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 subsection, 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 paragraphs (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, regulations, 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 Secretary, 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 operation 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 further restricting or prohibiting the operations of commercial motor vehicle combinations or making such minor adjustments of a temporary and emergency nature as may be allowed pursuant to regulations issued by the Secretary pursuant to paragraph (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 highways 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 information as required, the Secretary shall complete and file such information for such State.
``(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 included 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 operation of commercial motor vehicle combinations not in actual operation on a regular or periodic basis on or before June 1, 1991.
``(D) Final list.-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 Secretary, 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 Secretary 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 corrected. If the Secretary determines that there is a mistake in the accuracy of the list, the Secretary shall correct the publication under subparagraph (D) to reflect the determination 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 commercial 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 subsection, `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 paragraph (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) Applicability to Buses.-
(1) General rule.-Section 411(a) of such Act is amended by inserting ``of less than 45 feet on the length of any bus,'' after ``vehicle length limitation''.
(2) Access to points of loading and unloading.-Section 412(a)(2) of such Act is amended by inserting ``, motor carrier of passengers,'' after ``household goods carriers''.
(c) Conforming Amendment.-Section 411(e)(1) of such Act is amended by striking ``those Primary System highways'' and inserting ``those highways of the Federal-aid primary system in existence on June 1, 1991,''.
SEC. 4007. TRAINING OF DRIVERS; LONGER COMBINATION VEHICLE REGULATIONS, STUDIES, AND TESTING.
(a) Entry Level.-
(1) Study of private sector.-Not later than 12 months after 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 Secretary 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.
(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 vehicles. 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 operators 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, including engineering and design safety characteristics, of such vehicles 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 combination 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.-
(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 vehicles, 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 Committee 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 carrying 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 INTERNATIONAL FUEL TAX AGREEMENT.
(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 American Association of Motor Vehicle Administrators, the National Conference of State Legislatures, the Federation of Tax Administrators, the Board of Directors for the International Fuel Tax Agreement, 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.
(b) 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 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 conclusions of the working group, together with its joint recommendations concerning the matters referred to in subsection (a). After transmission of such report, the working group may periodically review and modify the findings and conclusions and the joint recommendations as appropriate and transmit a report containing such modifications 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 participation 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 as 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 provision 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 commercial 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 International Fuel Tax Agreement.
(2) Payment.-After September 30, 1996, no State shall establish, 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 Agreement, 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 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 participate 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 ensurecompliance 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 preliminary 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 subsections (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.
(j) 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 ``International 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 ``International Registration Plan'' means the interstate agreement for the apportionment of vehicle registration fees paid by motor carriers, developed by the American Association of Motor Vehicle 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:
``SEC. 12020. VIOLATION OF OUT-OF-SERVICE ORDERS.
``(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 subsection (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) Deadlines.-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:
``(3) In the case of a motor carrier of passengers, that carrier may also establish a rate and related rule equal to the rate charged for the transportation of 1 individual when that rate is for the transportation 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.
(a) Initiation of Rulemaking.-Not later than May 31, 1992, the Secretary shall initiate rulemaking concerning methods for improving braking performance of new commercial motor vehicles, including 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 performance 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 considering 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.
SEC. 4014. COMPLIANCE REVIEW PRIORITY.
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 compliance 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 Nation'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 transportation in the United States;''.
(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 Chairman, 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.-
(1) Establishment.-The Secretary shall establish within the Office of the Secretary an Office of Intermodalism.
(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 transportation 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 intermodal transportation facilities and services.
The Director shall make information from the data base available to the public.
(5) Research.-The Director shall be responsible for coordinating Federal research on intermodal transportation in accordance 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 technical assistance to States and to metropolitan planning organizations for urban areas 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 Intermodal 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.
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 agencies.
(b) Report.-The Secretary shall report to Congress on the findings 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.
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 investigation 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 coordination with the National Academy of Sciences, shall examine current and potential impediments to international standardization in specific elements of intermodal transportation. 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 intermodal traffic flows, including the current and projected market for intermodal transportation, and how such traffic flows affect infrastructure needs. The Commission shall make recommendations 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 transportation.-The Commission shall identify legal impediments to efficient intermodal transportation. Specifically, the Commission shall study the relationship between current regulatory schemes for individual modes of transportation and intermodal transportation efficiency.
(4) Financial issues.-The Commission shall examine existing impediments to the efficient financing of intermodal transportation improvements. In carrying out such examination, 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 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 problems 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 identify 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 relationship 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.
(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) Qualifications.-Members appointed pursuant to paragraph (1) shall be appointed from among individuals interested in intermodal transportation policy, including representatives of Federal, State, and local governments, other public transportation authorities or agencies, and organizations representing transportation providers, shippers, labor, the financial community, 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.
(f) Staff of Federal Agencies.-Upon request of the Commission, 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.
(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 support services necessary for the Commission to carry out its responsibilities under this section.
(h) Obtaining Official Data.-The Commission may secure directly from any department or agency of the United States information (other than information required by any statute of the United States to be kept confidential by such department or agency) necessary 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 investigation and study conducted under this section. The report shall include 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 (i). All records and papers of the Commission shall thereupon be a 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 research, development, and technology transfer activities with respect to motor carrier transportation and all phases of highway planning and development (including construction, 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 Secretary 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.-
``(i) General authority.-The Secretary may, acting either independently or in cooperation with other Federal 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 students to the field of transportation engineering and research. Such program shall be known as the ``Dwight David Eisenhower Transportation Fellowship Program''. Of the funds made available pursuant to paragraph (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 program.
``(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 carrying out this paragraph, the Secretary may enter into cooperative research and development 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 account of activities carried out under a cooperative research and development agreement entered into under this paragraph 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 partners, including personnel, travel, and hardware development 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, development, or utilization of any technology pursuant to a cooperative 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 pursuant to section 104(a) of this title and such funds as may be deposited by any cooperating organization or person in a special account of the Treasury of the United States established 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 include in the highway research program under subsection (a) studies of economic highway geometrics, structures, and desirable weight and size standards for vehicles using the public highways and of the feasibility of uniformity in State regulations 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 automatic 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 Indicators.-The highway research program under subsection (a) shall include a coordinated long-term program of research for the development, use, and dissemination of performance indicators to measure the performance of the surface transportation system of the United States, including indicators for productivity, 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 transportation research and development plan under subsection (b), make recommendations to Congress by January 15, 1993.
``(5) Supporting infrastructure.-The Secretary shall establish a program to strengthen and expand surface transportation infrastructure research and development. The program shall include the following elements:
``(A) Methods and materials for improving the durability of surface transportation infrastructure facilities and extending the life of bridge structures, including new and innovative technologies to reduce corrosion.
``(B) Expansion of the Department of Transportation's inspection and mobile nondestructive examination capabilities, including consideration of the use of high energy field radiography for more thorough and more frequent inspections 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 development program directed toward the reduction of costs associated with the construction of highways and mass transit systems. The Secretary shall transmit to Congress a report containing such determination on or before July 1, 1992.
``(D) The Secretary shall undertake or supervise surface transportation infrastructure research to develop-
``(i) nondestructive evaluation equipment for use with existing infrastructure facilities and for next generation infrastructure facilities that utilize advanced materials;
``(ii) information technologies, including-
``(I) appropriate computer programs to collect and analyze data on the status of the existing infrastructure facilities for enhancing management, 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 testing the strengths and weaknesses of proposed revisions in surface transportation operations programs; and
``(iii) new and innovative technologies to enhance and facilitate field construction and rehabilitation techniques 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 investigations.
``(B) The planning of future highway programs and local public transportation systems and for planning for the financing thereof, including statewide planning under section 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.
``(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 evaluation 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 described in paragraph (1) relating to highway, public transportation, and intermodal transportation systems unless the State certifies to the Secretary for such fiscal year that total expenditures 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 paragraph (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 Secretary as a single fund which shall be available for obligation for the same period as funds apportioned under section 104(b)(1) of this title.
SEC. 6002. NATIONAL HIGHWAY INSTITUTE.
Section 321 of title 23, United States Code, is amended to read as follows:
``Sec. 321. National Highway Institute
``(a) Establishment; Duties; Programs.-
``(1) Establishment.-The Secretary shall establish and operate in the Federal Highway Administration a National Highway 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 departments, and any national or international entity, training programs of instruction for Federal Highway Administration, State and local transportation and highway department employees, State and local police, public safety and motor vehicle employees, 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 developments, techniques, management, and procedures relating to highway planning, environmental factors, acquisition of rights-of-way, relocation assistance, engineering, safety, construction, maintenance, contract administration, motor carrier activities, and inspection.
``(b) Set-Aside; Federal Share.-Not to exceed \1/16\ of 1 percent of all funds apportioned to a State under section 104(b)(3) 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 Responsibility.-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 program 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 authorized, subject to approval of the Secretary, to engage in all phases of contract authority for training purposes authorized by this section, including the granting of training fellowships. The Institute is also authorized to carry out its authority independently or in cooperation 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 pursuant to this subsection may be combined or held separate from the fees or memberships collected 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 agreements 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:
``Sec. 325. International highway transportation outreach program
``(a) Activities.-The Secretary is authorized to engage in activities to inform the domestic highway community of technological innovations abroad that could significantly improve highway transportation in the United States, to promote United States highway transportation expertise internationally, and to increase transfers 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 transportation 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 transportation 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, authority, 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. Reimbursements 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.''.
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:
``Sec. 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 technology.
``(b) Grants and Contracts.-The Secretary may make grants and enter into contracts for education and training, technical assistance, and related support service that will-
``(1) assist rural local transportation agencies to develop and expand their expertise in road and transportation areas (including pavement, bridge and safety management systems), to improve 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 assistance 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 necessarily limited to, a `circuit-rider' program, providing training on intergovernmental transportation planning and project selection, and tourism recreational travel to American Indian tribal governments.
``(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 technical and financial support for these centers, including up to 100 percent for services provided to American Indian tribal governments.''.
(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 program.''.
(c) Use of Bureau of Indian Affairs' Administrative Funds.-Section 204(b) 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.''.
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 following new subsections:
``(e) Applied Research and Technology Program.-
``(1) Establishment.-The Secretary shall establish and implement in accordance with this subsection an applied research and technology program for the purpose of accelerating testing, evaluation, and implementation of technologies which are designed to improve the durability, efficiency, environmental impact, productivity, and safety of highway, transit, and intermodal transportation systems.
``(2) Guidelines.-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 locations 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 appropriate 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 procedures;
``(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 associated 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.
``(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.
``(6) High performance blended hydraulic cement.-As 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 pavement.-As part of the program under this subsection, the Secretary shall carry out projects to assess the state of technology with respect to thin bonded overlay (including inorganic bonding 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 minimize overlay thickness, minimize initial laydown costs, minimize time out of service, and maximize lifecycle durability.
``(8) All weather pavement markings.-As part of the program 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 carrying 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 administrative 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 technologies 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
obligation limitation.
``(f) Seismic Research Program.-
``(1) Establishment.-The Secretary shall establish a program to
study the vulnerability of highways, tunnels, and bridges on the
Federal-aid system to earthquakes and develop and implement
cost-effective methods of retrofitting such highways, tunnels, and
bridges to reduce such vulnerability.
``(2) Cooperation with national center for earthquake engineering
research.-The Secretary shall conduct the program 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 participating 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 redesignated 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 information, 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:
``Sec. 111. Bureau of Transportation Statistics
``(a) Establishment.-There is established in the Department of Transportation a Bureau of Transportation Statistics.
``(b) Director.-
``(1) Appointment.-The Bureau shall be headed by a Director 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.
``(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) Responsibilities.-The Director of the Bureau shall be responsible for carrying out the following duties:
``(1) Compiling 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 transportation-related information. Such statistics shall be suitable for conducting cost-benefit studies (including comparisons among individual transportation modes and intermodal transport systems) 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 passengers 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 environment; 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 comprehensive, 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 undertaken pursuant to section 307(b)(3) 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.-Coordinating the collection of information by the Department of Transportation required for statistics to be compiled under paragraph (1) with related information-gathering activities conducted by other Federal departments and agencies and collecting appropriate data not elsewhere gathered.
``(5) Making statistics accessible.-Making the statistics published under this subsection readily accessible.
``(6) Identifying information needs.-Identifying information that is needed under paragraph (1) but which is not being collected, reviewing such needs at least annually with the Advisory Council on Transportation Statistics, and making recommendations 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 Department 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 transmit 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 information.
``(g) Performance of Functions of Director Pending Confirmation.-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 carrying 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 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.
(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 Code, is amended by adding at the end the following:
``Director, Bureau of Transportation Statistics.''.
SEC. 6007. ADVISORY COUNCIL ON TRANSPORTATION STATISTICS.
(a) Establishment.-The Director of the Bureau of Transportation Statistics shall establish an Advisory Council on Transportation Statistics.
(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 economics and 1 member who shall have expertise in statistics) have expertise in transportation statistics and analysis.
(d) Applicability 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.
(a) Study.-Not later than 1 year after the date of the establishment 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 evaluation 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 another.
(6) Availability and training of the personnel of the Department.
(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 Department of Transportation's data collection systems, capabilities, procedures, and analytical hardware and software and recommendations for improving the Department's management information systems.
SEC. 6009. SURFACE TRANSPORTATION RESEARCH AND DEVELOPMENT PLANNING.
(a) Findings.-Congress finds that-
(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 increased traffic congestion within and between urban areas, more accidents, loss of productive time, and increased cost of transportation unless new technologies are developed to improve 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 substantial 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 expanding 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 United 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 traffic 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 effectively, the difficulty of obtaining public support for new systems and rights-of-way, and the high cost of capital financing discourage private firms from investing in the development of new transportation equipment and systems; therefore, the Federal Government should sponsor and coordinate research and development 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 development program should be implemented quickly by strengthening the Department of Transportation research and development staff and by contracting with private industry for specific development 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 requirements, 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 recommendations for the appropriate source or mechanism for surface transportation research and development funding, taking into account recommendations of the Research and Development 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 consequence 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 possible, of a range of technologies needed to produce convenient, safe, and affordable modes of surface transportation to be available 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 surface 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 research and development within the Department of Transportation shall be included in the plan and shall be evaluated in accordance with the plan.
(7) Coordination.-In developing the plan and carrying out this part, the Secretary shall consult with and, where appropriate, use the expertise of other Federal agencies and their laboratories.
(8) Transmittal.-On or before January 15, 1993, and annually thereafter, the Secretary shall transmit the plan to Congress, together with the Secretary's comments and recommendations. The Secretary shall review and update the plan before each transmittal under this paragraph.
(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 recommendations for an alternative, and shall promptly report such alternative recommendations to Congress.
SEC. 6010. NATIONAL COUNCIL ON SURFACE TRANSPORTATION RESEARCH.
(a) Establishment.-There is established a National Council on Surface Transportation Research (hereinafter in this section referred 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 immediate 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 cooperation offering potential benefit to the Nation's surface transportation system, assess the relative priority of such research areas and plans, and develop a plan for national surface transportation research and development which includes short-range and long-range objectives.
(d) Membership.-
(1) Appointment.-The Council shall be composed of 7 members 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) Qualifications.-
(A) In general.-Members appointed pursuant to paragraph (1) shall be appointed from among individuals involved in surface transportation research, including representatives 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 appointed 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 services 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 investigation and study conducted under this section. The report shall include recommendations of the Council, including a proposed national surface transportation research plan for immediate implementation.
(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.
(a) Establishment.-Not later than 180 days after the date of transmittal of the report to Congress under section 6010, the Secretary shall establish an independent surface transportation research advisory committee (hereinafter in this section referred to as the ``advisory committee'').
(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 ensuring that such research and development is coordinated with similar research and development being conducted outside of the Department 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, training, or experience. A majority of the members of the advisory committee shall be individuals with experience in conducting surface 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 nonprofit research organizations, and organizations representing transportation providers, shippers, labor, and the financial
community 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.
(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 development. 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, administrative services, support staff, and supplies as the Secretary determines 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 activities under this section.
(i) Termination.-Section 14 of the Federal Advisory Committee Act shall not apply to the advisory committee established under this section.
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 referring to the Interstate System to commemorate the vision of President Dwight D. Eisenhower in creating the Dwight D. Eisenhower National System of Interstate and Defense Highways.
(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 enactment 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 collection 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 enactment 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 appropriate measure of State level of effort in funding surface transportation 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.
(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 adequate 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 enactment 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 assessment of the need for establishing a national policy on transportation quality assurance and recommendations for appropriate legislative and administrative actions.
SEC. 6015. BORDER CROSSINGS.
(a) Identification.-The Secretary, in cooperation with other 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 investigate and develop priorities and recommendations for rail, highway, 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, 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 assessment under this section shall at a minimum-
(1) determine whether or not the border crossings are in compliance with current Federal highway regulations and adequately designed for future growth and expansion;
(2) assess 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 pedestrian 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, associated costs, and economic impacts identified and propose an agenda to develop systemwide integration of services for national benefits.
SEC. 6016. FUNDAMENTAL PROPERTIES OF ASPHALTS AND MODIFIED ASPHALTS.
(a) Studies.-The Administrator of the Federal Highway Administration (hereinafter in this section referred to as the ``Administrator'') 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 fundamental and rapidly measurable properties of asphalts and modified asphalts.
(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.
(d) Test Strip.-
(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 demonstrating and evaluating the unique energy and environmental advantages of using shale oil modified asphalts under extreme climatic conditions.
(2) Funding.-For the purposes of construction activities related 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 recommendations 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 (b).
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.
ection 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 accordingly:
``SEC. 18. CONFERENCE ON ADVANCED AUTOMOTIVE TECHNOLOGIES.
``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 Committees 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.
``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 laboratory personnel who, in the opinion of the Secretary of Transportation, 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.''.
SEC. 6020. UNDERGROUND PIPELINES.
(a) Study.-The Secretary shall conduct a study to evaluate the feasibility, costs, and benefits of constructing and operating pneumatic 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 enactment of this Act, the Secretary shall transmit to the Committee on Public Works and Transportation of the House of Representatives and the Committee 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 Facility.-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(b)(5) 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 paragraph (6) $2,500,000 for fiscal year 1992''.
(d) Revolving Loan Fund.-Section 317(b) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 is amended by adding at the end the following new paragraph:
``(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.
``(a) Establishment.-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 Transit 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 after 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 program 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(c)(3) and 21(c)(4) $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 contractual obligation of the United States for payment of the Federal share of the cost of the project.''.
SEC. 6023. UNIVERSITY TRANSPORTATION CENTERS.
(a) Additional Responsibility.-Section 11(b)(2) of the Federal Transit Act (49 U.S.C. App. 1607c(b)(2)) 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 transportation-related professions, particularly in the science, technology, and engineering disciplines, the Secretary shall make grants under this section to Morgan State University to establish 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.
``(8) Center for transportation and industrial productivity.-
``(A) In general.-The Secretary shall make grants under this section to the New Jersey Institute of Technology to establish and operate a center for transportation and industrial productivity. Such center shall conduct research and development activities which focus on methods to increase surface transportation capacity, reduce congestion, and reduce costs for transportation system users and providers through the use of transportation management 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 research in the fields of computer science, electronic engineering, mathematics, and software engineering conducted at the building referred to in clause (i) will be coordinated with the Center 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 in fiscal year 1992 for making the grant under clause (i).
``(iv) Applicability of title 23.-Funds authorized by clause (iii) 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 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 University of Arkansas to establish a national rural transportation center. Such center shall conduct research, training, and technology transfer activities in the development, management, and operation of intermodal transportation systems in rural areas.
``(10) National center for advanced transportation technology.-
``(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 partnership 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 authorized 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 authorized by subparagraph (B) shall not be subject to any obligation limitation.
``(E) Applicability of grant requirements.-Any grant entered into under this paragraph shall not be subject to the requirements of subsection (b) of this section.
``(11) Program coordination.-
``(A) In general.-The Secretary shall provide for the coordination of research, education, training, and technology 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 industry. The Secretary shall review and evaluate programs carried out by such grant recipients at least annually.
``(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 ceiling.-Amounts authorized out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection shall be subject to obligation limitations 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. 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 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 policy 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 analyze 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 University 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 areas 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 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 education.-The Secretary shall make grants under this section to the University of North Carolina to conduct research and development 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.''.
H5 PART B-INTELLIGENT VEHICLE-HIGHWAY SYSTEMS ACT
SEC. 6051. SHORT TITLE.
This part may be cited as the ``Intelligent Vehicle-Highway Systems Act of 1991''.
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 operationally test intelligent vehicle-highway systems and promote implementation of such systems as a component of the Nation's surface 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-highway 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 Federal-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 aspects 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 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 vehicle-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 governments 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 evaluation of intelligent vehicle-highway systems technology as a component of the Nation's surface transportation systems. To the extent practicable, such standards and protocols shall promote compatibility among intelligent vehicle-highway systems technologies implemented 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 guidelines and requirements for the evaluation of field and related operational 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) Establishment.-The Secretary shall establish and maintain 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 delegates such responsibility, the entity to which such responsibility 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 committee 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 CONGRESS.
(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 implementation 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 implementation of intelligent vehicle-highway systems technologies; 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 factors 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;
(B) specify cost-sharing arrangements made, including the scope and nature of Federal investment, in any research, development, or implementation project under the program;
(C) assess nontechnical problems and constraints identified 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 developed 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 necessary 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 subsection.
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 vehicle-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 development 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) Eligibility 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 governments, universities, and other persons, for operational tests relating 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 contributions (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 guidelines 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 development 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 nontoll facilities.
(4) Inability to significantly expand capacity of existing surface 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 Secretary's plan developed under section 6054.
(c) Other Corridors and Areas.-After the allocation pursuant to subsection (b), 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 technologies 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:
(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. Urban 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 technology which is designed for installation on a commercial motor vehicle to provide the individual operating the vehicle with a warning 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 enactment 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 appropriated 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 subsection 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 appropriated 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 pursuant 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 section 6054.
(d) Federal Share Payable.-The Federal share payable on account of activities carried out under this part shall not exceed 80 percent of the cost of such activities. The Secretary may waive application enof the preceding sentence for projects undertaken pursuant to subsection (c) of this section. The Secretary shall seek maximum 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 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, communications, 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, satellite vehicle tracking systems, and advanced vehicle communications 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 distant 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.
H5 PART C-ADVANCED TRANSPORTATION 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 paragraph (1) shall include-
(A) a description of the eligible consortium making the proposal;
(B) a description of the type of additional members targeted 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 equipment, 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 contributions 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 (b)(6); 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 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 related 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 manufacturers;
(4) to the extent practicable, include participation in the consortium of entities located in areas designated as nonattainment 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 consortium, subject to the requirements of subsection (a)(3), be provided 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, conversion of plant facilities, and acquisition of equipment for the development or manufacture of advanced transportation systems or electric vehicles, or other related systems or equipment, especially for environmentally benign and cost-effective manufacturing 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 simulate 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 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 of-
(A) businesses incorporated in the United States;
(B) public or private educational or research organizations 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 Washington 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.''.
(b) Terms and Qualifications.-Section 6007(f)(2) of such Act is 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 appointed 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 occurring before the expiration of the term for which the member'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 matters 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 semicolon 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 directors 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 disposal of land and the grant of a long-term easement.''.
(2) Recommendations.-Section 6007(f)(4) of such Act is amended by striking subparagraphs (C) and (D) and inserting 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 recommendations 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 recommendation on an 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 responded, in writing, to the Board of Review with respect to such recommendation and transmits such action, evaluation, and response to Congress in accordance 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 recommendation 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 (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) beginning on the day on which the board of directors makes such transmission to the Speaker of the House of Representatives 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) obligations 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.-''.
(e) Congressional Disapproval Procedure.-Section 6007(f) of 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 Congress-
``(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 paragraph; 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 paragraph, 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 described 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 Representatives, 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 consideration 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 discharge 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, 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 further 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 consideration 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 resolution 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 case 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 paragraphs:
``(10) Conflicts 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 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.''.
(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 General 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 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.''.
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 conditions relating to the new Board of Review to be established pursuant to the amendments made by this Act.
SEC. 7004. TERMINATION OF EXISTING BOARD OF REVIEW AND 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 accordance 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 authority 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 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-RELATED TAXES AND TRUST FUND
SEC. 8001. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.-This title may be cited as the ``Surface Transportation Revenue Act of 1991''.
b) Amendment of 1986 Code.-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 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 sold at retail).
(2) Section 4071(d) (relating to tax on tires and tread rubber).
(3) Section 4081(d)(1) (relating to Highway Trust Fund financing rate on gasoline).
(4) Section 4091(b)(6)(A) (relating to Highway Trust Fund financing rate on diesel fuel).
(5) Sections 4481(c), 4482(c)(4), and 4482(d) (relating to highway use tax).
(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).
(2) Section 4041(g) (relating to other exemptions).
(3) Section 4221(a) (relating to certain tax-free sales).
(4) Section 4483(g) (relating to termination of exemptions for highway use tax).
(5) Section 6420(h) (relating to gasoline used on farms).
(6) Section 6421(i) (relating to gasoline used for certain nonhighway purposes, etc.).
(7) Section 6427(g)(5) (relating to advance repayment of increased 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 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 ``1995'' and inserting ``1999''.
(d) Extension of Deposits Into, and Certain Transfers From, Trust Fund.-
(1) In general.-Subsection (b), and paragraphs (2) and (3) of 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. 460l 11) is amended-
(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 account.-Subsection (c) of section 9504 is amended by striking ``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 Purposes.- 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.''
(g) Use of Revenues for Enforcement of Highway Trust Fund Taxes.- The Secretary of Transportation shall not impose any condition on the use of funds transferred under section 1040 of this 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 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(b)(1) of the Internal Revenue Code of 1986.
(h) Tax Evasion Report.-The Secretary of Transportation shall also submit each report prepared pursuant to section 1040(d) of this Act to the Committee on Ways and Means of the House of Representatives 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 9504(b)(2) is amended to read as follows:
``(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.
``(a) Creation of Trust Fund.-There is established in the Treasury 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 9602(b).
``(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(e)(8) of the Intermodal 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 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 Recreational Trails Trust Fund amounts (as determined by him) equivalent to 0.3 percent (as adjusted under subparagraph (C)) 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 obligated 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 paragraph, the Secretary shall adjust the percentage 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 registrations and use.
``(D) Nonhighway recreational fuel taxes.-For purposes 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.''.
(d) Report on Nonhighway Recreational Fuel Taxes.-The 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.
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;
(3) commuter transit benefits should be part of a comprehensive 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 commuter 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 persons 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 Representatives.
(b) Policy.-The Congress strongly supports Federal policy that promotes increased use of employer-provided commuter transit benefits. Such a policy ``levels the playing field'' between transportation 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 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.
(b) Coordination With Other Provisions.-The provisions of this section shall apply, notwithstanding any provision of this Act to the contrary.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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