S. 440 (104th): National Highway System Designation Act of 1995

104th Congress, 1995–1996. Text as of Jun 22, 1995 (Passed the Senate (Engrossed)).

Status & Summary | PDF | Source: GPO

S 440 ES

104th CONGRESS

1st Session

S. 440


AN ACT

To amend title 23, United States Code, to provide for the designation of the National Highway System, 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; TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘National Highway System Designation Act of 1995’.

    (b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

      Sec. 1. Short title; table of contents.

TITLE I--HIGHWAY PROVISIONS

      Sec. 101. National Highway System designation.

      Sec. 102. Eligible projects for the National Highway System.

      Sec. 103. Transferability of apportionments.

      Sec. 104. Design criteria for the National Highway System.

      Sec. 105. Applicability of transportation conformity requirements.

      Sec. 106. Use of recycled paving material.

      Sec. 107. Limitation on advance construction.

      Sec. 108. Preventive maintenance.

      Sec. 109. Eligibility of bond and other debt instrument financing for reimbursement as construction expenses.

      Sec. 110. Federal share for highways, bridges, and tunnels.

      Sec. 111. Applicability of certain requirements to third party sellers.

      Sec. 112. Streamlining for transportation enhancement projects.

      Sec. 113. Non-Federal share for certain toll bridge projects.

      Sec. 114. Congestion mitigation and air quality improvement program.

      Sec. 115. Limitation of national maximum speed limit to certain commercial motor vehicles.

      Sec. 116. Federal share for bicycle transportation facilities and pedestrian walkways.

      Sec. 117. Suspension of management systems.

      Sec. 118. Intelligent transportation systems.

      Sec. 119. Donations of funds, materials, or services for federally assisted activities.

      Sec. 120. Metric conversion of traffic control signs.

      Sec. 121. Identification of high priority corridors.

      Sec. 122. Revision of authority for innovative project in Florida.

      Sec. 123. Revision of authority for priority intermodal project in California.

      Sec. 124. National recreational trails funding program.

      Sec. 125. Intermodal facility in New York.

      Sec. 126. Clarification of eligibility.

      Sec. 127. Bristol, Rhode Island, street marking.

      Sec. 128. Public use of rest areas.

      Sec. 129. Collection of tolls to finance certain environmental projects in Florida.

      Sec. 130. Hours of service of drivers of ground water well drilling rigs.

      Sec. 131. Rural access projects.

      Sec. 132. Inclusion of high priority corridors.

      Sec. 133. Sense of the Senate regarding the Federal-State funding relationship for transportation.

      Sec. 134. Quality through competition.

      Sec. 135. Federal share for economic growth center development highways.

      Sec. 136. Vehicle weight and longer combination vehicles exemption for Sioux City, Iowa.

      Sec. 137. Revision of authority for congestion relief project in California.

      Sec. 138. Applicability of certain vehicle weight limitations in Wisconsin.

      Sec. 139. Prohibition on new highway demonstration projects.

      Sec. 140. Treatment of Centennial Bridge, Rock Island, Illinois, agreement.

      Sec. 141. Moratorium on certain emissions testing requirements.

      Sec. 142. Elimination of penalties for noncompliance with motorcycle helmet use requirement.

      Sec. 143. Clarification of Eligibility.

      Sec. 144. Toll roads, bridges, tunnels, non-toll roads that have a dedicated revenue source, and ferries.

      Sec. 145. Transfer of funds between certain demonstration projects in Louisiana.

      Sec. 146. Northwest Arkansas regional airport connector.

      Sec. 147. Intercity rail infrastructure investment.

      Sec. 148. Operation of motor vehicles by intoxicated minors.

      Sec. 149. Contingent commitments.

      Sec. 150. Availability of certain funds for Boston-to-Portland rail corridor.

      Sec. 151. Revision of authority of multiyear contracts.

      Sec. 152. Feasibility study of evacuation routes for Louisiana coastal areas.

      Sec. 153. 34th Street corridor project in Moorhead, Minnesota.

      Sec. 154. Safety belt use law requirements for New Hampshire and Maine.

      Sec. 155. Report on accelerated vehicle retirement programs.

      Sec. 156. Intercity rail infrastructure investment from Mass Transit Account of Highway Trust Fund.

      Sec. 157. Moratorium.

TITLE II--NATIONAL CAPITAL REGION INTERSTATE TRANSPORTATION AUTHORITY

      Sec. 201. Short title.

      Sec. 202. Findings.

      Sec. 203. Purposes.

      Sec. 204. Definitions.

      Sec. 205. Establishment of Authority.

      Sec. 206. Government of Authority.

      Sec. 207. Ownership of Bridge.

      Sec. 208. Capital improvements and construction.

      Sec. 209. Additional powers and responsibilities of Authority.

      Sec. 210. Funding.

      Sec. 211. Availability of prior authorizations.

TITLE III--FEDERAL HIGHWAY AND RAILROAD GRADE CROSSING SAFETY

      Sec. 301. Short title.

      Sec. 302. Intelligent vehicle-highway systems.

      Sec. 303. State highway safety management systems.

      Sec. 304. Violation of grade-crossing laws and regulations.

      Sec. 305. Safety enforcement.

      Sec. 306. Crossing elimination; statewide crossing freeze.

TITLE I--HIGHWAY PROVISIONS

SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNATION.

    (a) IN GENERAL- Section 103 of title 23, United States Code, is amended by inserting after subsection (b) the following:

    ‘(c) NATIONAL HIGHWAY SYSTEM DESIGNATION-

      ‘(1) DESIGNATION- The most recent National Highway System (as of the date of enactment of this Act) as submitted by the Secretary of Transportation pursuant to this section is designated as the National Highway System.

      ‘(2) MODIFICATIONS-

        ‘(A) IN GENERAL- At the request of a State, the Secretary may--

          ‘(i) add a new route segment to the National Highway System, including a new intermodal connection; or

          ‘(ii) delete a route segment in existence on the date of the request and any connection to the route segment;

        if the total mileage of the National Highway System (including any route segment or connection proposed to be added under this subparagraph) does not exceed 165,000 miles (265,542 kilometers).

        ‘(B) PROCEDURES FOR CHANGES REQUESTED BY STATES- Each State that makes a request for a change in the National Highway System pursuant to subparagraph (A) shall establish that each change in a route segment or connection referred to in the subparagraph has been identified by the State, in cooperation with local officials, pursuant to applicable transportation planning activities for metropolitan areas carried out under section 134 and statewide planning processes carried out under section 135.

      ‘(3) APPROVAL BY THE SECRETARY- The Secretary may approve a request made by a State for a change in the National Highway System pursuant to paragraph (2) if the Secretary determines that the change--

        ‘(A) meets the criteria established for the National Highway System under this title; and

        ‘(B) enhances the national transportation characteristics of the National Highway System.’.

    (b) ROUTE SEGMENTS IN WYOMING-

      (1) IN GENERAL- The Secretary of Transportation shall cooperate with the State of Wyoming in monitoring the changes in growth along, and traffic patterns of, the route segments in Wyoming described in paragraph (2), for the purpose of future consideration of the addition of the route segments to the National Highway System in accordance with paragraphs (2) and (3) of section 103(c) of title 23, United States Code (as added by subsection (a)).

      (2) ROUTE SEGMENTS- The route segments referred to in paragraph (1) are--

        (A) United States Route 191 from Rock Springs to Hoback Junction;

        (B) United States Route 16 from Worland to Interstate Route 90; and

        (C) Wyoming Route 59 from Douglas to Gillette.

SEC. 102. ELIGIBLE PROJECTS FOR THE NATIONAL HIGHWAY SYSTEM.

    (a) IN GENERAL- Section 103(i) of title 23, United States Code, is amended--

      (1) by striking paragraph (8) and inserting the following:

      ‘(8) Capital and operating costs for traffic monitoring, management, and control facilities and programs.’; and

      (2) by adding at the end the following:

      ‘(14) Construction, reconstruction, resurfacing, restoration, and rehabilitation of, and operational improvements for, public highways connecting the National Highway System to--

        ‘(A) ports, airports, and rail, truck, and other intermodal freight transportation facilities; and

        ‘(B) public transportation facilities.

      ‘(15) Construction of, and operational improvements for, the Alameda Transportation Corridor along Alameda Street from the entrance to the ports of Los Angeles and Long Beach to Interstate 10, Los Angeles, California. The Federal share of the cost of the construction and improvements shall be determined in accordance with section 120(b).’.

    (b) DEFINITION- Section 101(a) of title 23, United States Code, is amended by striking the undesignated paragraph defining ‘startup costs for traffic management and control’ and inserting the following:

    ‘The term ‘operating costs for traffic monitoring, management, and control’ includes labor costs, administrative costs, costs of utilities and rent, and other costs associated with the continuous operation of traffic control activities, such as integrated traffic control systems, incident management programs, and traffic control centers.’.

SEC. 103. TRANSFERABILITY OF APPORTIONMENTS.

    The third sentence of section 104(g) of title 23, United States Code, is amended by striking ‘40 percent’ and inserting ‘60 percent’.

SEC. 104. DESIGN CRITERIA FOR THE NATIONAL HIGHWAY SYSTEM.

    Section 109 of title 23, United States Code, is amended--

      (1) by striking subsection (a) and inserting the following:

    ‘(a) IN GENERAL- The Secretary shall ensure that the plans and specifications for each proposed highway project under this chapter provide for a facility that will--

      ‘(1) adequately serve the existing and planned future traffic of the highway in a manner that is conducive to safety, durability, and economy of maintenance; and

      ‘(2) be designed and constructed in accordance with criteria best suited to accomplish the objectives described in paragraph (1) and to conform to the particular needs of each locality.’;

      (2) by striking subsection (c) and inserting the following:

    ‘(c) DESIGN CRITERIA FOR THE NATIONAL HIGHWAY SYSTEM-

      ‘(1) IN GENERAL- A design for new construction, reconstruction, resurfacing (except for maintenance resurfacing), restoration, or rehabilitation of a highway on the National Highway System (other than a highway also on the Interstate System) shall take into account, in addition to the criteria described in subsection (a)--

        ‘(A) the constructed and natural environment of the area;

        ‘(B) the environmental, scenic, aesthetic, historic, community, and preservation impacts of the activity; and

        ‘(C) as appropriate, access for other modes of transportation.

      ‘(2) DEVELOPMENT OF CRITERIA- The Secretary, in cooperation with State highway agencies, shall develop criteria to implement paragraph (1). In developing the criteria, the Secretary shall consider the results of the committee process of the American Association of State Highway and Transportation Officials as adopted and published in ‘A Policy on Geometric Design of Highways and Streets’, after adequate opportunity for input by interested parties.’; and

      (3) by striking subsection (q) and inserting the following:

    ‘(q) ENVIRONMENTAL, SCENIC, AND HISTORIC VALUES- Notwithstanding subsections (b) and (c), the Secretary may approve a project for the National Highway System if the project is designed to--

      ‘(1) allow for the preservation of environmental, scenic, or historic values;

      ‘(2) ensure safe use of the facility; and

      ‘(3) comply with subsection (a).’.

SEC. 105. APPLICABILITY OF TRANSPORTATION CONFORMITY REQUIREMENTS.

    (a) HIGHWAY CONSTRUCTION- Section 109(j) of title 23, United States Code, is amended by striking ‘plan for the implementation of any ambient air quality standard for any air quality control region designated pursuant to the Clean Air Act, as amended.’ and inserting the following: ‘plan for--

      ‘(1) the implementation of a national ambient air quality standard for which an area is designated as a nonattainment area under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); or

      ‘(2) the maintenance of a national ambient air quality standard in an area that was designated as a nonattainment area but that was later redesignated by the Administrator as an attainment area for the standard and that is required to develop a maintenance plan under section 175A of the Clean Air Act (42 U.S.C. 7505a).’.

    (b) CLEAN AIR ACT REQUIREMENTS- Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) is amended by adding at the end the following:

      ‘(5) APPLICABILITY- This subsection shall apply only with respect to--

        ‘(A) a nonattainment area and each specific pollutant for which the area is designated as a nonattainment area; and

        ‘(B) an area that was designated as a nonattainment area but that was later redesignated by the Administrator as an attainment area and that is required to develop a maintenance plan under section 175A with respect to the specific pollutant for which the area was designated nonattainment.’.

SEC. 106. USE OF RECYCLED PAVING MATERIAL.

    (a) IN GENERAL- Section 1038 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 23 U.S.C. 109 note) is amended--

      (1) by striking subsection (d) and inserting the following:

    ‘(d) ASPHALT PAVEMENT CONTAINING RECYCLED RUBBER-

      ‘(1) CRUMB RUBBER MODIFIER RESEARCH- Not later than 180 days after the date of enactment of the National Highway System Designation Act of 1995, the Administrator of the Federal Highway Administration shall develop testing procedures and conduct research to develop performance grade classifications, in accordance with the strategic highway research program carried out under section 307(d) of title 23, United States Code, for crumb rubber modifier binders. The testing procedures and performance grade classifications should be developed in consultation with representatives of the crumb rubber modifier industry and other interested parties (including the asphalt paving industry) with experience in the development of the procedures and classifications.

      ‘(2) CRUMB RUBBER MODIFIER PROGRAM DEVELOPMENT-

        ‘(A) IN GENERAL- The Administrator of the Federal Highway Administration shall make grants to States to develop programs to use crumb rubber from scrap tires to modify asphalt pavements. Each State may receive not more than $500,000 under this paragraph.

        ‘(B) USE OF GRANT FUNDS- Grant funds made available to States under this paragraph may be used--

          ‘(i) to develop mix designs for crumb rubber modified asphalt pavements;

          ‘(ii) for the placement and evaluation of crumb rubber modified asphalt pavement field tests; and

          ‘(iii) for the expansion of State crumb rubber modifier programs in existence on the date the grant is made available.’; and

      (2) in subsection (e), by striking paragraph (1) and inserting the following:

      ‘(1) the term ‘asphalt pavement containing recycled rubber’ means any mixture of asphalt and crumb rubber derived from whole scrap tires, such that the physical properties of the asphalt are modified through the mixture, for use in pavement maintenance, rehabilitation, or construction applications; and’.

    (b) FUNDING- Section 307(e)(13) of title 23, United States Code, is amended by inserting after the second sentence the following: ‘Of the amounts authorized to be expended under this paragraph, $500,000 shall be expended in fiscal year 1996 to carry out section 1038(d)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 23 U.S.C. 109 note) and $10,000,000 shall be expended in each of fiscal years 1996 and 1997 to carry out section 1038(d)(2) of the Act.’.

SEC. 107. LIMITATION ON ADVANCE CONSTRUCTION.

    Section 115(d) of title 23, United States Code, is amended to read as follows:

    ‘(d) REQUIREMENT OF INCLUSION IN TRANSPORTATION IMPROVEMENT PROGRAM- The Secretary may not approve an application under this section unless the project is included in the transportation improvement program of the State developed under section 135(f).’.

SEC. 108. PREVENTIVE MAINTENANCE.

    Section 116 of title 23, United States Code, is amended by adding at the end the following:

    ‘(d) PREVENTIVE MAINTENANCE- A preventive maintenance activity shall be eligible for Federal assistance under this title if the State demonstrates to the satisfaction of the Secretary that the activity is a cost-effective means of extending the life of a Federal-aid highway.’.

SEC. 109. ELIGIBILITY OF BOND AND OTHER DEBT INSTRUMENT FINANCING FOR REIMBURSEMENT AS CONSTRUCTION EXPENSES.

    (a) IN GENERAL- Section 122 of title 23, United States Code, is amended to read as follows:

‘SEC. 122. PAYMENTS TO STATES FOR BOND AND OTHER DEBT INSTRUMENT FINANCING.

    ‘(a) DEFINITION OF ELIGIBLE DEBT FINANCING INSTRUMENT- In this section, the term ‘eligible debt financing instrument’ means a bond or other debt financing instrument, including a note, certificate, mortgage, or lease agreement, issued by a State or political subdivision of a State, the proceeds of which are used for an eligible Federal-aid project under this title.

    ‘(b) FEDERAL REIMBURSEMENT- Subject to subsections (c) and (d), the Secretary may reimburse a State for expenses and costs incurred by the State or a political subdivision of the State, for--

      ‘(1) interest payments under an eligible debt financing instrument;

      ‘(2) the retirement of principal of an eligible debt financing instrument;

      ‘(3) the cost of the issuance of an eligible debt financing instrument;

      ‘(4) the cost of insurance for an eligible debt financing instrument; and

      ‘(5) any other cost incidental to the sale of an eligible debt financing instrument (as determined by the Secretary).

    ‘(c) CONDITIONS ON PAYMENT- The Secretary may reimburse a State under subsection (b) with respect to a project funded by an eligible debt financing instrument after the State has complied with this title to the extent and in the manner that would be required if payment were to be made under section 121.

    ‘(d) FEDERAL SHARE- The Federal share of the cost of a project payable under this section shall not exceed the pro-rata basis of payment authorized in section 120.

    ‘(e) STATUTORY CONSTRUCTION- Notwithstanding any other law, the eligibility of an eligible debt financing instrument for reimbursement under subsection (a) shall not--

      ‘(1) constitute a commitment, guarantee, or obligation on the part of the United States to provide for payment of principal or interest on the eligible debt financing instrument; or

      ‘(2) create any right of a third party against the United States for payment under the eligible debt financing instrument.’.

    (b) DEFINITION OF CONSTRUCTION- The first sentence of the undesignated paragraph defining ‘construction’ of section 101(a) of title 23, United States Code, is amended by inserting ‘bond costs and other costs relating to the issuance of bonds or other debt instrument financing in accordance with section 122,’ after ‘highway, including’.

    (c) CONFORMING AMENDMENT- The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 122 and inserting the following:

      ‘122. Payments to States for bond and other debt instrument financing.’.

SEC. 110. FEDERAL SHARE FOR HIGHWAYS, BRIDGES, AND TUNNELS.

    Section 129(a) of title 23, United States Code, is amended by striking paragraph (5) and inserting the following:

      ‘(5) LIMITATION ON FEDERAL SHARE- The Federal share payable for an activity described in paragraph (1) shall be a percentage determined by the State, but not to exceed 80 percent.’.

SEC. 111. APPLICABILITY OF CERTAIN REQUIREMENTS TO THIRD PARTY SELLERS.

    Section 133(d) of title 23, United States Code, is amended by adding at the end the following:

      ‘(5) APPLICABILITY OF CERTAIN REQUIREMENTS TO THIRD PARTY SELLERS-

        ‘(A) IN GENERAL- Except as provided in subparagraphs (B) and (C), in the case of a transportation enhancement activity funded from the allocation required under paragraph (2), if real property or an interest in real property is to be acquired from a qualified organization exclusively for conservation purposes (as determined under section 170(h) of the Internal Revenue Code of 1986), the organization shall be considered to be the owner of the property for the purpose of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

        ‘(B) FEDERAL APPROVAL PRIOR TO INVOLVEMENT OF QUALIFIED ORGANIZATION- If Federal approval of the acquisition of the real property or interest predates the involvement of a qualified organization described in subparagraph (A) in the acquisition of the property, the organization shall be considered to be an acquiring agency or person as described in section 24.101(a)(2) of title 49, Code of Federal Regulations, for the purpose of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

        ‘(C) ACQUISITIONS ON BEHALF OF RECIPIENTS OF FEDERAL FUNDS- If a qualified organization described in subparagraph (A) has contracted with a State highway administration or other recipient of Federal funds to acquire the real property or interest on behalf of the recipient, the organization shall be considered to be an agent of the recipient for the purpose of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).’.

SEC. 112. STREAMLINING FOR TRANSPORTATION ENHANCEMENT PROJECTS.

    Section 133(e) of title 23, United States Code, is amended--

      (1) in paragraph (3)--

        (A) by striking ‘(3) PAYMENTS- The’ and inserting the following:

      ‘(3) PAYMENTS-

        ‘(A) IN GENERAL- Except as provided in subparagraph (B), the’; and

        (B) by adding at the end the following:

        ‘(B) ADVANCE PAYMENT OPTION FOR TRANSPORTATION ENHANCEMENT ACTIVITIES-

          ‘(i) IN GENERAL- The Secretary may advance funds to the State for transportation enhancement activities funded from the allocation required by subsection (d)(2) for a fiscal year if the Secretary certifies for the fiscal year that the State has authorized and uses a process for the selection of transportation enhancement projects that involves representatives of affected public entities, and private citizens, with expertise related to transportation enhancement activities.

          ‘(ii) LIMITATION ON AMOUNTS- Amounts advanced under this subparagraph shall be limited to such amounts as are necessary to make prompt payments for project costs.

          ‘(iii) EFFECT ON OTHER REQUIREMENTS- This subparagraph shall not exempt a State from other requirements of this title relating to the surface transportation program.’; and

      (2) by adding at the end the following:

      ‘(5) TRANSPORTATION ENHANCEMENT ACTIVITIES-

        ‘(A) CATEGORICAL EXCLUSIONS- To the extent appropriate, the Secretary shall develop categorical exclusions from the requirement that an environmental assessment or an environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) be prepared for transportation enhancement activities funded from the allocation required by subsection (d)(2).

        ‘(B) NATIONWIDE PROGRAMMATIC AGREEMENT- The Administrator of the Federal Highway Administration, in consultation with the National Conference of State Historic Preservation Officers and the Advisory Council on Historic Preservation established under title II of the National Historic Preservation Act (16 U.S.C. 470i et seq.), shall develop a nationwide programmatic agreement governing the review of transportation enhancement activities funded from the allocation required by subsection (d)(2), in accordance with--

          ‘(i) section 106 of the National Historic Preservation Act (16 U.S.C. 470f); and

          ‘(ii) the regulations of the Advisory Council on Historic Preservation.’.

SEC. 113. NON-FEDERAL SHARE FOR CERTAIN TOLL BRIDGE PROJECTS.

    Section 144(l) of title 23, United States Code, is amended by adding at the end the following: ‘Any non-Federal funds expended for the seismic retrofit of the bridge may be credited toward the non-Federal share required as a condition of receipt of any Federal funds for seismic retrofit of the bridge made available after the date of the expenditure.’.

SEC. 114. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.

    (a) AREAS ELIGIBLE FOR FUNDS-

      (1) IN GENERAL- The first sentence of section 149(b) of title 23, United States Code, is amended--

        (A) by inserting ‘for areas in the State that were designated as nonattainment areas under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d))’ after ‘may obligate funds’; and

        (B) in paragraph (1)(A)--

          (i) by striking ‘contribute to the’ and inserting the following: ‘contribute to--

        ‘(i) the’; and

          (ii) by adding at the end the following:

        ‘(ii) the maintenance of a national ambient air quality standard in an area that was designated as a nonattainment area but that was later redesignated by the Administrator of the Environmental Protection Agency as an attainment area under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); or’.

      (2) APPORTIONMENT- Section 104(b)(2) of title 23, United States Code, is amended--

        (A) in the second sentence, by striking ‘is a nonattainment area (as defined in the Clean Air Act) for ozone’ and inserting ‘was a nonattainment area (as defined in section 171(2) of the Clean Air Act (42 U.S.C. 7501(2))) for ozone during any part of fiscal year 1994’; and

        (B) in the third sentence--

          (i) by striking ‘is also’ and inserting ‘was also’; and

          (ii) by inserting ‘during any part of fiscal year 1994’ after ‘monoxide’.

      (3) ORANGE STREET BRIDGE, MISSOULA, MONTANA- Notwithstanding section 149 of title 23, United States Code, or any other law, a project to construct new capacity for the Orange Street Bridge in Missoula, Montana, shall be eligible for funding under the congestion mitigation and air quality improvement program established under the section.

    (b) REMOVAL OF CERTAIN FUNDING LIMITATIONS- Section 149(b)(1)(A) of title 23, United States Code, is amended by striking ‘(other than clauses (xii) and (xvi) of such section), that the project or program’ and inserting ‘, that the publicly sponsored project or program’.

    (c) EFFECT OF LIMITATION ON APPORTIONMENT- Notwithstanding any other law, for each of fiscal years 1996 and 1997, any limitation under this section or an amendment made by this section on an apportionment otherwise authorized under section 1003(a)(4) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 1919) shall not affect any hold harmless apportionment adjustment under section 1015(a) of the Act (Public Law 102-240; 105 Stat. 1943).

    (d) TRAFFIC MONITORING, MANAGEMENT, AND CONTROL FACILITIES AND PROGRAMS- The first sentence of section 149(b) of title 23, United States Code, is amended--

      (1) in paragraph (2), by striking ‘or’ at the end;

      (2) in paragraph (3), by striking the period at the end and inserting ‘; or’; and

      (3) by adding at the end the following:

      ‘(4) to establish or operate a traffic monitoring, management, and control facility or program if the Secretary, after consultation with the Administrator of the Environmental Protection Agency, determines that the facility or program is likely to contribute to the attainment of a national ambient air quality standard.’.

SEC. 115. LIMITATION OF NATIONAL MAXIMUM SPEED LIMIT TO CERTAIN COMMERCIAL MOTOR VEHICLES.

    (a) IN GENERAL- Section 154 of title 23, United States Code, is amended--

      (1) by striking the section heading and inserting the following:

‘Sec. 154. National maximum speed limit for certain commercial motor vehicles’;

      (2) in subsection (a)--

        (A) by inserting ‘, with respect to motor vehicles’ before ‘(1)’; and

        (B) in paragraph (4), by striking ‘motor vehicles using it’ and inserting ‘vehicles driven or drawn by mechanical power manufactured primarily for use on public highways (except any vehicle operated exclusively on a rail or rails) using it’;

      (3) by striking subsection (b) and inserting the following:

    ‘(b) MOTOR VEHICLE- In this section, the term ‘motor vehicle’ has the meaning provided for ‘commercial motor vehicle’ in section 31301(4) of title 49, United States Code, except that the term does not include any vehicle operated exclusively on a rail or rails.’;

      (4) in the first sentence of subsection (e), by striking ‘all vehicles’ and inserting ‘all motor vehicles’; and

      (5) by redesignating subsection (i) as subsection (f).

    (b) CONFORMING AMENDMENTS-

      (1) The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 154 and inserting the following:

      ‘154. National maximum speed limit for certain commercial motor vehicles.’.

      (2) Section 153(i)(2) of title 23, United States Code, is amended to read as follows:

      ‘(2) MOTOR VEHICLE- The term ‘motor vehicle’ means any vehicle driven or drawn by mechanical power manufactured primarily for use on public highways, except any vehicle operated exclusively on a rail or rails.’.

      (3) Section 157(d) of title 23, United States Code, is amended by striking ‘154(f) or’.

      (4) Section 410(i)(3) of title 23, United States Code, is amended to read as follows:

      ‘(3) MOTOR VEHICLE- The term ‘motor vehicle’ means any vehicle driven or drawn by mechanical power manufactured primarily for use on public highways, except any vehicle operated exclusively on a rail or rails.’.

SEC. 116. FEDERAL SHARE FOR BICYCLE TRANSPORTATION FACILITIES AND PEDESTRIAN WALKWAYS.

    Section 217(f) of title 23, United States Code, is amended by striking ‘80 percent’ and inserting ‘determined in accordance with section 120(b)’.

SEC. 117. SUSPENSION OF MANAGEMENT SYSTEMS.

    Section 303 of title 23, United States Code, is amended--

      (1) by striking subsection (c) and inserting the following:

    ‘(c) STATE ELECTION- A State may, at the option of the State, elect, at any time, not to implement, in whole or in part, 1 or more of the management systems required under this section. The Secretary may not impose any sanction on, or withhold any benefit from, a State on the basis of such an election.’; and

      (2) in subsection (f)--

        (A) by striking ‘(f) ANNUAL REPORT- Not’ and inserting the following:

    ‘(f) REPORTS-

      ‘(1) ANNUAL REPORTS- Not’; and

        (B) by adding at the end the following:

      ‘(2) REPORT ON IMPLEMENTATION- Not later than October 1, 1996, the Secretary, in consultation with States, shall transmit to Congress a report on the management systems required under this section that makes recommendations as to whether, to what extent, and how the management systems should be implemented.’.

SEC. 118. INTELLIGENT TRANSPORTATION SYSTEMS.

    (a) IMPROVED COLLABORATION IN INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH AND DEVELOPMENT- Section 6054 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 23 U.S.C. 307 note) is amended by adding at the end the following:

    ‘(e) COLLABORATIVE RESEARCH AND DEVELOPMENT- In carrying out this part, the Secretary may carry out collaborative research and development in accordance with section 307(a)(2) of title 23, United States Code.’.

    (b) TIME LIMIT FOR OBLIGATION OF FUNDS FOR INTELLIGENT TRANSPORTATION SYSTEMS PROJECTS- Section 6058 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 23 U.S.C. 307 note) is amended by adding at the end the following:

    ‘(f) OBLIGATION OF FUNDS-

      ‘(1) IN GENERAL- Funds made available pursuant to subsections (a) and (b) after the date of enactment of this subsection, and other funds made available after that date to carry out specific intelligent transportation systems projects, shall be obligated not later than the last day of the fiscal year following the fiscal year with respect to which the funds are made available.

      ‘(2) REALLOCATION OF FUNDS- If funds described in paragraph (1) are not obligated by the date described in the paragraph, the Secretary may make the funds available to carry out any other activity with respect to which funds may be made available under subsection (a) or (b).’.

    (c) CONFORMING AMENDMENTS-

      (1) The table in section 1107(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2048) is amended--

        (A) in item 10, by striking ‘(IVHS)’ and inserting ‘(ITS)’; and

        (B) in item 29, by striking ‘intelligent/vehicle highway systems’ and inserting ‘intelligent transportation systems’.

      (2) Section 6009(a)(6) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2176) is amended by striking ‘intelligent vehicle highway systems’ and inserting ‘intelligent transportation systems’.

      (3) Part B of title VI of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 23 U.S.C. 307 note) is amended--

        (A) by striking the part heading and inserting the following:

‘PART B--INTELLIGENT TRANSPORTATION SYSTEMS’;

        (B) in section 6051, by striking ‘Intelligent Vehicle-Highway Systems’ and inserting ‘Intelligent Transportation Systems’;

        (C) by striking ‘intelligent vehicle-highway systems’ each place it appears and inserting ‘intelligent transportation systems’;

        (D) in section 6054--

          (i) in subsection (a)(2)(A), by striking ‘intelligent vehicle-highway’ and inserting ‘intelligent transportation systems’; and

          (ii) in the subsection heading of subsection (b), by striking ‘INTELLIGENT VEHICLE-HIGHWAY SYSTEMS’ and inserting ‘INTELLIGENT TRANSPORTATION SYSTEMS’;

        (E) in the subsection heading of section 6056(a), by striking ‘IVHS’ and inserting ‘ITS’;

        (F) in the subsection heading of each of subsections (a) and (b) of section 6058, by striking ‘IVHS’ and inserting ‘ITS’; and

        (G) in the paragraph heading of section 6059(1), by striking ‘IVHS’ and inserting ‘ITS’.

      (4) Section 310(c)(3) of the Department of Transportation and Related Agencies Appropriations Act, 1995 (Public Law 103-331; 23 U.S.C. 104 note), is amended by striking ‘intelligent vehicle highway systems’ and inserting ‘intelligent transportation systems’.

      (5) Section 109(a) of the Hazardous Materials Transportation Authorization Act of 1994 (Public Law 103-311; 23 U.S.C. 307 note) is amended--

        (A) by striking ‘Intelligent Vehicle-Highway Systems’ each place it appears and inserting ‘Intelligent Transportation Systems’; and

        (B) by striking ‘intelligent vehicle-highway system’ and inserting ‘intelligent transportation system’.

      (6) Section 5316(d) of title 49, United States Code, is amended--

        (A) in the subsection heading, by striking ‘INTELLIGENT VEHICLE-HIGHWAY’ and inserting ‘INTELLIGENT TRANSPORTATION’; and

        (B) by striking ‘intelligent vehicle-highway’ each place it appears and inserting ‘intelligent transportation’.

SEC. 119. DONATIONS OF FUNDS, MATERIALS, OR SERVICES FOR FEDERALLY ASSISTED ACTIVITIES.

    Section 323 of title 23, United States Code, is amended--

      (1) by redesignating subsection (c) as subsection (d); and

      (2) by inserting after subsection (b) the following:

    ‘(c) CREDIT FOR DONATIONS OF FUNDS, MATERIALS, OR SERVICES- Nothing in this title or any other law shall prevent a person from offering to donate funds, materials, or services in connection with an activity eligible for Federal assistance under this title. In the case of such an activity with respect to which the Federal Government and the State share in paying the cost, any donated funds, or the fair market value of any donated materials or services, that are accepted and incorporated into the activity by the State highway agency shall be credited against the State share.’.

SEC. 120. METRIC CONVERSION OF TRAFFIC CONTROL SIGNS.

    (a) Notwithstanding section 3(2) of the Metric Conversion Act of 1975 (15 U.S.C. 205b(2)) or any other law, no State shall be required to--

      (1) erect any highway sign that establishes any speed limit, distance, or other measurement using the metric system; or

      (2) modify any highway sign that establishes any speed limit, distance, or other measurement so that the sign uses the metric system.

    (b) Upon receipt of a written notification by a State, referring to its right to provide notification under this subsection, the Secretary of Transportation shall waive, with respect to such State, any requirement that such State use or plan to use the metric system with respect to designing, preparing plans, specifications and estimates, advertising, or taking any other action with respect to Federal-aid highway projects or activities utilizing funds authorized pursuant to title 23, United States Code. Such waiver shall remain effective for the State until the State notifies the Secretary to the contrary: Provided, That a waiver granted by the Secretary will be in effect until September 30, 2000.

SEC. 121. IDENTIFICATION OF HIGH PRIORITY CORRIDORS.

    Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (Pub. L. 102-240; 105 Stat. 2032) is amended--

      (1) by striking paragraph (5) and inserting the following:

      ‘(5)(A) I-73/74 North-South Corridor from Charleston, South Carolina, through Winston-Salem, North Carolina, to Portsmouth, Ohio, to Cincinnati, Ohio, to termini at Detroit, Michigan and Sault Ste. Marie, Michigan.

      ‘(B)(i) In the Commonwealth of Virginia, the Corridor shall generally follow--

        ‘(I) United States Route 220 from the Virginia-North Carolina border to I-581 south of Roanoke;

        ‘(II) I-581 to I-81 in the vicinity of Roanoke;

        ‘(III) I-81 to the proposed highway to demonstrate intelligent transportation systems authorized by item 29 of the table in section 1107(b) in the vicinity of Christiansburg to United States Route 460 in the vicinity of Blacksburg; and

        ‘(IV) United States Route 460 to the West Virginia State line.

      ‘(ii) In the States of West Virginia, Kentucky, and Ohio, the Corridor shall generally follow--

        ‘(I) United States Route 460 from the West Virginia State line to United States Route 52 at Bluefield, West Virginia; and

        ‘(II) United States Route 52 to United States Route 23 at Portsmouth, Ohio.

      ‘(iii) In the States of North Carolina and South Carolina, the Corridor shall generally follow--

        ‘(I) in the case of I-73--

          ‘(aa) United States Route 220 from the Virginia State line to State Route 68 in the vicinity of Greensboro;

          ‘(bb) State Route 68 to I-40;

          ‘(cc) I-40 to United States Route 220 in Greensboro;

          ‘(dd) United States Route 220 to United States Route 1 near Rockingham;

          ‘(ee) United States Route 1 to the South Carolina State line; and

          ‘(ff) South Carolina State line to Charleston, South Carolina; and

        ‘(II) in the case of I-74--

          ‘(aa) I-77 from Bluefield, West Virginia, to the junction of I-77 and the United States Route 52 connector in Surry County, North Carolina;

          ‘(bb) the I-77/United States Route 52 connector to United States Route 52 south of Mount Airy, North Carolina;

          ‘(cc) United States Route 52 to United States Route 311 in Winston-Salem, North Carolina;

          ‘(dd) United States Route 311 to United States Route 220 in the vicinity of Randleman, North Carolina.

          ‘(ee) United States Route 220 to United States Route 74 near Rockingham;

          ‘(ff) United States Route 74 to United States Route 76 near Whiteville;

          ‘(gg) United States Route 74/76 to the South Carolina State line in Brunswick County; and

          ‘(hh) South Carolina State line to Charleston, South Carolina.

      ‘(iv) Each route segment referred to in clause (i), (ii), or (iii) that is not a part of the Interstate System shall be designated as a route included in the Interstate System, at such time as the Secretary determines that the route segment--

        ‘(I) meets Interstate System design standards approved by the Secretary under section 109(b) of title 23, United States Code; and

        ‘(II) meets the criteria for designation pursuant to section 139 of title 23, United States Code, except that the determination shall be made without regard to whether the route segment is a logical addition or connection to the Interstate System.’;

      (2) in paragraph (18)--

        (A) by striking ‘and’; and

        (B) by inserting before the period at the end the following: ‘, and to the Lower Rio Grande Valley at the border between the United States and Mexico’; and

      (3) by adding at the end the following:

      ‘(22) The Alameda Transportation Corridor along Alameda Street from the entrance to the ports of Los Angeles and Long Beach to Interstate 10, Los Angeles, California.

      ‘(23) The Interstate Route 35 Corridor from Laredo, Texas, through Oklahoma City, Oklahoma, to Wichita, Kansas, to Kansas City, Kansas/Missouri, to Des Moines, Iowa, to Minneapolis, Minnesota, to Duluth, Minnesota.

      ‘(24) The Dalton Highway from Deadhorse, Alaska to Fairbanks, Alaska.

      ‘(25) State Route 168 (South Battlefield Boulevard), Virginia, from the Great Bridge Bypass to the North Carolina State line.’.

SEC. 122. REVISION OF AUTHORITY FOR INNOVATIVE PROJECT IN FLORIDA.

    Item 196 of the table in section 1107(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2058) is amended--

      (1) by striking ‘Orlando,’; and

      (2) by striking ‘Land & right-of-way acquisition & guideway construction for magnetic limitation project’ and inserting ‘1 or more regionally significant, intercity ground transportation projects’.

SEC. 123. REVISION OF AUTHORITY FOR PRIORITY INTERMODAL PROJECT IN CALIFORNIA.

    Item 31 of the table in section 1108(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2062) is amended by striking ‘To improve ground access from Sepulveda Blvd. to Los Angeles, California’ and inserting the following: ‘For the Los Angeles International Airport central terminal ramp access project, $3,500,000; for the widening of Aviation Boulevard south of Imperial Highway, $3,500,000; for the widening of Aviation Boulevard north of Imperial Highway, $1,000,000; and for transportation systems management improvements in the vicinity of the Sepulveda Boulevard/Los Angeles International Airport tunnel, $950,000’.

SEC. 124. NATIONAL RECREATIONAL TRAILS FUNDING PROGRAM.

    (a) CONTRACT AUTHORITY- Section 1302 of the Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261) is amended--

      (1) by redesignating subsection (g) as subsection (i); and

      (2) by inserting after subsection (f) the following:

    ‘(g) CONTRACT AUTHORITY- Funds authorized to be appropriated under this section shall be available for obligation in the manner as if the funds were apportioned under title 23, United States Code, except that the Federal share of any project under this section shall be determined in accordance with this section.

    ‘(h) FEDERAL SHARE- The Federal share of the cost of a project under this section shall be 50 percent.’.

    (b) TECHNICAL AND CONFORMING AMENDMENTS-

      (1) IN GENERAL- Section 1302 of the Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261) is amended--

        (A) by striking subsection (c) and inserting the following:

    ‘(c) STATE ELIGIBILITY- A State shall be eligible to receive moneys under this part if--

      ‘(1) the Governor of the State has designated the State agency responsible for administering allocations under this section;

      ‘(2) the State proposes to obligate and ultimately obligates any allocations received in accordance with subsection (e); and

      ‘(3) a recreational trail advisory board on which both motorized and nonmotorized recreational trail users are represented exists in the State.’;

        (B) in subsection (d), by striking paragraph (3);

        (C) in subsection (e)--

          (i) in paragraphs (3)(A), (5)(B), and (8)(B), by striking ‘(c)(2)(A) of this section’ and inserting ‘(c)(3)’; and

          (ii) in paragraph (5)(A)(i), by striking ‘(g)(5)’ and inserting ‘(i)(5)’; and

        (D) in subsection (i) (as redesignated by subsection (a)(1)), by striking paragraph (1) and inserting the following:

      ‘(1) ELIGIBLE STATE- The term ‘eligible State’ means a State (as defined in section 101 of title 23, United States Code) that meets the requirements of subsection (c).’.

      (2) Section 104 of title 23, United States Code, is amended--

        (A) by redesignating subsection (h) as subsection (i); and

        (B) by inserting after subsection (g) the following:

    ‘(h) NATIONAL RECREATIONAL TRAILS FUNDING- The Secretary shall expend, from administrative funds deducted under subsection (a), to carry out section 1302 of the Intermodal Surface Transportation Efficiency Act of 1991 (16 U.S.C. 1261) $15,000,000 for each of fiscal years 1996 and 1997.’.

SEC. 125. INTERMODAL FACILITY IN NEW YORK.

    (a) IN GENERAL- The Secretary of Transportation shall make grants to the National Railroad Passenger Corporation for--

      (1) engineering, design, and construction activities to permit the James A. Farley Post Office in New York, New York, to be used as an intermodal transportation facility and commercial center; and

      (2) necessary improvements to and redevelopment of Pennsylvania Station and associated service buildings in New York, New York.

    (b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section a total of $69,500,000 for fiscal years following fiscal year 1995, to remain available until expended.

SEC. 126. CLARIFICATION OF ELIGIBILITY.

    The improvements to, or adjacent to, the main line of the National Railroad Passenger Corporation between milepost 190.23 at Central Falls, Rhode Island, and milepost 168.53 at Davisville, Rhode Island, that are necessary to support the rail movement of freight shall be eligible for funding under sections 103(e)(4), 104(b), and 144 of title 23, United States Code.

SEC. 127. BRISTOL, RHODE ISLAND, STREET MARKING.

    Notwithstanding any other law, a red, white, and blue center line in the Main Street of Bristol, Rhode Island, shall be deemed to comply with the requirements of section 3B-1 of the Manual on Uniform Traffic Control Devices of the Department of Transportation.

SEC. 128. PUBLIC USE OF REST AREAS.

    Notwithstanding section 111 of title 23, United States Code, or any project agreement under the section, the Secretary of Transportation shall permit the conversion of any safety rest area adjacent to Interstate Route 95 within the State of Rhode Island that was closed as of May 1, 1995, to use as a motor vehicle emissions testing facility. At the option of the State, vehicles shall be permitted to gain access to and from any such testing facility directly from Interstate Route 95.

SEC. 129. COLLECTION OF TOLLS TO FINANCE CERTAIN ENVIRONMENTAL PROJECTS IN FLORIDA.

    Notwithstanding section 129(a) of title 23, United States Code, on request of the Governor of the State of Florida, the Secretary of Transportation shall modify the agreement entered into with the transportation department of the State and described in section 129(a)(3) of the title to permit the collection of tolls to liquidate such indebtedness as may be incurred to finance any cost associated with a feature of an environmental project that is carried out under State law and approved by the Secretary of the Interior.

SEC. 130. HOURS OF SERVICE OF DRIVERS OF GROUND WATER WELL DRILLING RIGS.

    (a) DEFINITIONS- In this section:

      (1) 8 CONSECUTIVE DAYS- The term ‘8 consecutive days’ means the period of 8 consecutive days beginning on any day at the time designated by the motor carrier for a 24-hour period.

      (2) 24-HOUR PERIOD- The term ‘24-hour period’ means any 24-consecutive-hour period beginning at the time designated by the motor carrier for the terminal from which the driver is normally dispatched.

      (3) GROUND WATER WELL DRILLING RIG- The term ‘ground water well drilling rig’ means any vehicle, machine, tractor, trailer, semi-trailer, or specialized mobile equipment propelled or drawn by mechanical power and used on highways to transport water well field operating equipment, including water well drilling and pump service rigs equipped to access ground water.

    (b) GENERAL RULE- In the case of a driver of a commercial motor vehicle subject to regulations prescribed by the Secretary of Transportation under sections 31136 and 31502 of title 49, United States Code, who is used primarily in the transportation and operation of a ground water well drilling rig, for the purpose of the regulations, any period of 8 consecutive days may end with the beginning of an off-duty period of 24 or more consecutive hours.

    (c) REPORT- The Secretary of Transportation shall monitor the commercial motor vehicle safety performance of drivers of ground water well drilling rigs. If the Secretary determines that public safety has been adversely affected by the general rule established by subsection (b), the Secretary shall report to Congress on the determination.

SEC. 131. RURAL ACCESS PROJECTS.

    Item 111 of the table in section 1106(a)(2) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2042) is amended--

      (1) by striking ‘Parker County’ and inserting ‘Parker and Tarrant Counties’; and

      (2) by striking ‘to four-lane’ and inserting ‘in Tarrant County to freeway standards and in Parker County to a 4-lane’.

SEC. 132. INCLUSION OF HIGH PRIORITY CORRIDORS.

    Section 1105(d) of the Intermodal Surface Transportation Efficiency Act of 1991 (Pub. L. 102-240; 105 Stat. 2033) is amended by adding at the end the following: ‘The Secretary of Transportation shall include High Priority Corridor 18 as identified in section 1105(c) of this Act, as amended, on the approved National Highway System after completion of the feasibility study by the States as provided by such Act.’.

SEC. 133. SENSE OF THE SENATE REGARDING THE FEDERAL-STATE FUNDING RELATIONSHIP FOR TRANSPORTATION.

    (a) Findings-

      (1) The designation of high priority roads through the National Highway System is required by the Intermodal Surface Transportation Efficiency Act (ISTEA) and will ensure the continuation of funding which would otherwise be withheld from the States.

      (2) The Budget Resolution supported the re-evaluation of all Federal programs to determine which programs are more appropriately a responsibility of the States.

      (3) Debate on the appropriate role of the Federal Government in transportation will occur in the re-authorization of ISTEA.

    (b) SENSE OF SENATE- Therefore, it is the sense of the Senate that the designation of the NHS does not assume the continuation or the elimination of the current Federal-State relationship nor preclude a re-evaluation of the Federal-State relationship in transportation.

SEC. 134. QUALITY THROUGH COMPETITION.

    (a) CONTRACTING FOR ENGINEERING AND DESIGN SERVICES- Section 112(b)(2) of title 23, United States Code, is amended by adding at the end the following new subparagraphs:

        ‘(C) PERFORMANCE AND AUDITS- Any contract or subcontract awarded in accordance with subparagraph (A), whether funded in whole or in part with Federal-aid highway funds, 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.

        ‘(D) INDIRECT COST RATES- In lieu of performing its own audits, a recipient of funds under a contract or subcontract awarded in accordance with subparagraph (A) shall accept indirect cost rates established in accordance with the Federal acquisition regulations for 1-year applicable accounting periods by a cognizant Federal or State government agency, if such rates are not currently under dispute. Once a firm’s indirect cost rates are accepted, the recipient 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 de facto ceilings of any kind. A recipient of such funds requesting or using the cost and rate data described in this subparagraph 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 another firm or to any government agency which is not part of the group of agencies sharing cost data under this subparagraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances.

        ‘(E) EFFECTIVE DATE/STATE OPTION- Subparagraphs (C) and (D) shall take effect upon the date of enactment of this Act: Provided however, That if a State, during the first regular session of the State legislature convening after the date of enactment of this Act, adopts by statute an alternative process intended to promote engineering and design quality, reduce life-cycle costs, and ensure maximum competition by professional companies of all sizes providing engineering and design services. Such subparagraphs shall not apply in that State.’.

SEC. 135. FEDERAL SHARE FOR ECONOMIC GROWTH CENTER DEVELOPMENT HIGHWAYS.

    Section 1021(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240) (as amended by section 417 of the Department of Transportation and Related Agencies Appropriations Act, 1993 (Public Law 102-388; 106 Stat. 1565)) is amended--

      (1) in paragraph (2), by striking ‘and’ at the end and inserting ‘or’; and

      (2) in paragraph (3), by striking ‘section 143 of title 23’ and inserting ‘a project for the construction, reconstruction, or improvement of a development highway on a Federal-aid system, as described in section 103 of such title (as in effect on the day before the date of enactment of this Act) (other than the Interstate System), under section 143 of such title’.

SEC. 136. VEHICLE WEIGHT AND LONGER COMBINATION VEHICLES EXEMPTION FOR SIOUX CITY, IOWA.

    (a) VEHICLE WEIGHT LIMITATIONS- The proviso in the second sentence of section 127(a) of title 23, United States Code, is amended by striking ‘except for those’ and inserting the following: ‘except for vehicles using Interstate 29 between Sioux City, Iowa, and the border between Iowa and South Dakota and vehicles using Interstate Route 129 between Sioux City, Iowa, and the border between Iowa and Nebraska, and except for’.

    (b) LONGER COMBINATION VEHICLES- Section 127(d)(1) of title 23, United States Code, is amended by adding at the end the following:

        ‘(F) IOWA- In addition to vehicles that the State of Iowa may continue to allow to be operated under subparagraph (A), the State of Iowa may allow longer combination vehicles that were not in actual operation on June 1, 1991, to be operated on Interstate Route 29 between Sioux City, Iowa, and the border between Iowa and South Dakota and Interstate 129 between Sioux City, Iowa, and the border between Iowa and Nebraska.’.

SEC. 137. REVISION OF AUTHORITY FOR CONGESTION RELIEF PROJECT IN CALIFORNIA.

    Item 1 of the table in section 1104(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2029) is amended by striking ‘Construction of HOV Lanes on I-710’ and inserting ‘Construction of automobile and truck separation lanes at the southern terminus of I-710’.

SEC. 138. APPLICABILITY OF CERTAIN VEHICLE WEIGHT LIMITATIONS IN WISCONSIN.

    Section 127 of title 23, United States Code, is amended by adding at the end the following:

    ‘(f) OPERATION OF CERTAIN SPECIALIZED HAULING VEHICLES ON CERTAIN WISCONSIN HIGHWAYS- If the 104-mile portion of Wisconsin State Route 78 and United States Route 51 between Interstate Route 94 near Portage, Wisconsin, and Wisconsin State Route 29 south of Wausau, Wisconsin, is designated as part of the Interstate System under section 139(a), the single axle weight, tandem axle weight, gross vehicle weight, and bridge formula limits set forth in subsection (a) shall not apply to the 104-mile portion with respect to the operation of any vehicle that could legally operate on the 104-mile portion before the date of enactment of this subsection.’.

SEC. 139. PROHIBITION ON NEW HIGHWAY DEMONSTRATION PROJECTS.

    (a) IN GENERAL- Notwithstanding any other law, neither the Secretary of Transportation nor any other officer or employee of the United States may make funds available for obligation to carry out any demonstration project described in subsection (b) that has not been authorized, or for which no funds have been made available, as of the date of enactment of this Act.

    (b) PROJECTS- Subsection (a) applies to a demonstration project or program that the Secretary of Transportation determines--

      (1)(A) concerns a State-specific highway project or research or development in a specific State; or

      (B) is otherwise comparable to a demonstration project or project of national significance authorized under any of sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2027); and

      (2) does not concern a federally owned highway.

SEC. 140. TREATMENT OF CENTENNIAL BRIDGE, ROCK ISLAND, ILLINOIS, AGREEMENT.

    For purposes of section 129(a)(6) of title 23, United States Code, the agreement concerning the Centennial Bridge, Rock Island, Illinois, entered into under the Act entitled ‘An Act authorizing the city of Rock Island, Illinois, or its assigns, to construct, maintain, and operate a toll bridge across the Mississippi River at or near Rock Island, Illinois, and to a place at or near the city of Davenport, Iowa’, approved March 18, 1938 (52 Stat. 110, chapter 48), shall be treated as if the agreement had been entered into under section 129 of title 23, United States Code, as in effect on December 17, 1991, and may be modified in accordance with section 129(a)(6) of the title.

SEC. 141. MORATORIUM ON CERTAIN EMISSIONS TESTING REQUIREMENTS.

    (a) MORATORIUM-

      (1) IN GENERAL- The Administrator of the Environmental Protection Agency (referred to in this subsection as the ‘Administrator’) shall not require adoption or implementation by a State of a test-only or I/M240 enhanced vehicle inspection and maintenance program as a means of compliance with section 182 of the Clean Air Act (42 U.S.C. 7511a), but the Administrator may approve such a program if a State chooses to adopt the program as a means of compliance.

      (2) REPEAL- Paragraph (1) is repealed effective as of the date that is 1 year after the date of enactment of this Act.

    (b) PLAN APPROVAL-

      (1) IN GENERAL- The Administrator of the Environmental Protection Agency (referred to in this subsection as the ‘Administrator’) shall not disapprove a State implementation plan revision under section 182 of the Clean Air Act (42 U.S.C. 7511a) on the basis of a regulation providing for a 50-percent discount for alternative test-and-repair inspection and maintenance programs.

      (2) CREDIT- If a State provides data for a proposed inspection and maintenance system for which credits are appropriate under section 182 of the Clean Air Act (42 U.S.C. 7511a), the Administrator shall allow the full amount of credit for the system that is appropriate without regard to any regulation that implements that section by requiring centralized emissions testing.

      (3) DEADLINE- The Administrator shall complete and present a technical assessment of data for a proposed inspection and maintenance system submitted by a State not later than 45 days after the date of submission.

SEC. 142. ELIMINATION OF PENALTIES FOR NONCOMPLIANCE WITH MOTORCYCLE HELMET USE REQUIREMENT.

    Section 153(h) of title 23, United States Code, is amended by striking ‘a law described in subsection (a)(1) and’ each place it appears.

SEC. 143. CLARIFICATION OF ELIGIBILITY.

    The improvements to the former Pocono Northeast Railway Company freight rail line by the Luzerne County Redevelopment Authority that are necessary to support the rail movement of freight, shall be eligible for funding under sections 130, 144, and 149 of title 23, United States Code.

SEC. 144. TOLL ROADS, BRIDGES, TUNNELS, NON-TOLL ROADS THAT HAVE A DEDICATED REVENUE SOURCE, AND FERRIES.

    Section 129 of title 23, United States Code, is amended--

      (1) by revising the title to read as follows:

‘Sec. 129. Toll roads, bridges, tunnels, non-toll roads that have a dedicated revenue source, and ferries’; and

      (2) by revising paragraph 129(a)(7) to read as follows:

      ‘(7) LOANS-

        ‘(A) IN GENERAL- A State may loan an amount equal to all or part of the Federal share of a toll project or a non-toll project that has a dedicated revenue source, specifically dedicated to such project or projects under this section, to a public entity constructing or proposing to construct a toll facility or non-toll facility with a dedicated revenue source. Dedicated revenue sources for non-toll facilities include: excise taxes, sales taxes, motor vehicle use fees, tax on real property, tax increment financing, or such other dedicated revenue source as the Secretary deems appropriate.’.

SEC. 145. TRANSFER OF FUNDS BETWEEN CERTAIN DEMONSTRATION PROJECTS IN LOUISIANA.

    Notwithstanding any other law, the funds available for obligation to carry out the project in West Calcasieu Parish, Louisiana, authorized by section 149(a)(87) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17; 101 Stat. 194) shall be made available for obligation to carry out the project for Lake Charles, Louisiana, authorized by item 17 of the table in section 1106(a)(2) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2038).

SEC. 146. NORTHWEST ARKANSAS REGIONAL AIRPORT CONNECTOR.

    Notwithstanding any other provision of law, the Federal share for the intermodal connecter to the Northwest Arkansas Regional Airport from U.S. Highway 71 in Arkansas shall be 95 percent.

SEC. 147. INTERCITY RAIL INFRASTRUCTURE INVESTMENT.

    (a) INTERSTATE RAIL COMPACTS-

      (1) CONSENT TO COMPACTS- Congress grants consent to States with an interest in a specific form, route, or corridor of intercity passenger rail service (including high speed rail service) to enter into interstate compacts to promote the provision of the service, including--

        (A) retaining an existing service or commencing a new service;

        (B) assembling rights-of-way; and

        (C) performing capital improvements, including--

          (i) the construction and rehabilitation of maintenance facilities;

          (ii) the purchase of locomotives; and

          (iii) operational improvements, including communications, signals, and other systems.

      (2) FINANCING- An interstate compact established by States under paragraph (1) may provide that, in order to carry out the compact, the States may--

        (A) accept contributions from a unit of State or local government or a person;

        (B) use any Federal or State funds made available for intercity passenger rail service (except funds made available for the National Railroad Passenger Corporation);

        (C) on such terms and conditions as the States consider advisable--

          (i) borrow money on a short-term basis and issue notes for the borrowing; and

          (ii) issue bonds; and

        (D) obtain financing by other means permitted under Federal or State law.

    (b) ELIGIBILITY OF PASSENGER RAIL AS SURFACE TRANSPORTATION PROGRAM PROJECT- Section 133(b) of title 23, United States Code, is amended--

      (1) in paragraph (1), by inserting ‘, railroads,’ after ‘highways)’;

      (2) in paragraph (2)--

        (A) by inserting ‘, all eligible activities under section 5311 of title 49, United States Code,’ before ‘and publicly owned’;

        (B) by inserting ‘or rail passenger’ after ‘intercity bus’; and

        (C) by inserting before the period at the end the following: ‘, including terminals and facilities owned by the National Railroad Passenger Corporation’; and

      (3) in paragraph (6), by inserting ‘, and for passenger rail services,’ after ‘programs’.

    (c) ELIGIBILITY OF PASSENGER RAIL UNDER CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM- The first sentence of section 149(b) of title 23, United States Code, is amended--

      (1) in paragraph (2), by striking ‘or’ at the end;

      (2) in paragraph (3), by striking the period at the end and inserting ‘; or’; and

      (3) by adding at the end the following:

      ‘(4) if the project or program will have air quality benefits through construction of and operational improvements for intercity passenger rail facilities, operation of intercity passenger rail trains, and acquisition of rolling stock for intercity passenger rail service, except that not more than 50 percent of the amount received by a State for a fiscal year under this paragraph may be obligated for operating support.’.

SEC. 148. OPERATION OF MOTOR VEHICLES BY INTOXICATED MINORS.

    Section 158(a) of title 23, United States Code, is amended--

      (1) by striking paragraph (1) and inserting the following:

      ‘(1) OPERATION OF MOTOR VEHICLES BY INTOXICATED MINORS-

        ‘(A) FISCAL YEAR 1998- If the condition described in subparagraph (C) exists in a State as of October 1, 1998, the Secretary shall withhold, on October 1, 1998, 5 percent of the amount required to be apportioned to the State under each of paragraphs (1), (2), (5), and (6) of section 104(b) for fiscal year 1998.

        ‘(B) FISCAL YEARS THEREAFTER- If the condition described in subparagraph (C) exists in a State as of October 1, 1999, or any October 1 thereafter, the Secretary shall withhold, on that October 1, 10 percent of the amount required to be apportioned to the State under each of paragraphs (1), (2), (5), and (6) of section 104(b) for the fiscal year beginning on that October 1.

        ‘(C) CONDITION- The condition referred to in subparagraphs (A) and (B) is that an individual under the age of 21 who has a blood alcohol concentration of 0.02 percent or greater when operating a motor vehicle in the State is not considered to be driving while intoxicated or driving under the influence of alcohol.’; and

      (2) in paragraph (2), by striking ‘AFTER THE FIRST YEAR’ and inserting ‘PURCHASE AND POSSESSION OF ALCOHOLIC BEVERAGES BY MINORS’.

SEC. 149. CONTINGENT COMMITMENTS.

    At the end of section 5309(g)(4) of title 49, United States Code, add the following new sentence: ‘The Secretary may enter future obligations in excess of 50 percent of said uncommitted cash balance for the purpose of contingent commitments for projects authorized under section 3032 of Public Law 102-240.’.

SEC. 150. AVAILABILITY OF CERTAIN FUNDS FOR BOSTON-TO-PORTLAND RAIL CORRIDOR.

    Section 5309 of title 49, United States Code, is amended by adding at the end the following new subsection:

    ‘(p) BOSTON-TO-PORTLAND RAIL CORRIDOR- Notwithstanding any other provision of law, up to $3,600,000 of the funds made available under this section for the rail corridor between Boston, Massachusetts and Portland, Maine may be used to pay for operating costs arising in connection with such rail corridor under section 5333(b).’.

SEC. 151. REVISION OF AUTHORITY OF MULTIYEAR CONTRACTS.

    Section 3035(ww) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2136) is amended by adding at the end the following: ‘Of the funds provided by this subsection, $100,000,000 is authorized to be appropriated for regionally significant ground transportation projects in the State of Hawaii.’.

SEC. 152. FEASIBILITY STUDY OF EVACUATION ROUTES FOR LOUISIANA COASTAL AREAS.

    Notwithstanding any other provisions of law, section 1105(e)(2) of Public Law 102-240 is amended by adding at the end the following new sentence: ‘A feasibility study may be conducted under this subsection to identify routes that will expedite future emergency evacuations of coastal areas of Louisiana.’.

SEC. 153. 34TH STREET CORRIDOR PROJECT IN MOORHEAD, MINNESOTA.

    Section 149(a)(5)(A) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17; 101 Stat. 181) is amended--

      (1) in clause (i), by striking ‘and’ at the end; and

      (2) by inserting ‘and (iii) a safety overpass,’ after ‘interchange,’.

SEC. 154. SAFETY BELT USE LAW REQUIREMENTS FOR NEW HAMPSHIRE AND MAINE.

    The State of New Hampshire and the State of Maine shall be deemed as having met the safety belt use law requirements of section 153 of title 23, United States Code, upon certification by the Secretary of Transportation that the State has achieved--

      (1) a safety belt use rate in each of fiscal years ending September 30, 1995 and September 30, 1996, of not less than 50 percent; and

      (2) a safety belt use rate in each succeeding fiscal year thereafter of not less than the national average safety belt use rate, as determined by the Secretary of Transportation.

SEC. 155. REPORT ON ACCELERATED VEHICLE RETIREMENT PROGRAMS.

    Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall transmit to Congress a report evaluating the effectiveness of all accelerated vehicle retirement programs described in section 108(f)(1)(A)(xvi) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)(xvi)) in existence on the date of enactment of this Act. The report shall evaluate--

      (1) the certainties of emissions reductions gained from each program;

      (2) the variability of emissions of retired vehicles;

      (3) the reduction in the number of vehicle miles traveled by the vehicles retired as a result of each program;

      (4) the subsequent actions of vehicle owners participating in each program concerning the purchase of a new or used vehicle or the use of such a vehicle;

      (5) the length of the credit given to a purchaser of a retired vehicle under each program;

      (6) equity impacts of the programs on the used car market for buyers and sellers; and

      (7) such other factors as the Administrator determines appropriate.

SEC. 156. INTERCITY RAIL INFRASTRUCTURE INVESTMENT FROM MASS TRANSIT ACCOUNT OF HIGHWAY TRUST FUND.

    Section 5323 of title 49, United States Code, is amended by adding at the end the following new subsection:

    ‘(m) INTERCITY RAIL INFRASTRUCTURE INVESTMENT- Any assistance provided to a State that does not have Amtrak service as of date of enactment of this Act from the Mass Transit Account of the Highway Trust Fund may be used for capital improvements to, and operating support for, intercity passenger rail service.’.

SEC. 157. MORATORIUM.

    (a) IN GENERAL- Notwithstanding any other provision of law, no agency of the Federal Government may take any action to prepare, promulgate, or implement any rule or regulation addressing rights-of-way authorized pursuant to Revised Statutes 2477 (43 U.S.C. 932), as such law was in effect prior to October 21, 1976.

    (b) SUNSET- This section shall cease to have any force or effect after December 1, 1995.

TITLE II--NATIONAL CAPITAL REGION INTERSTATE TRANSPORTATION AUTHORITY

SEC. 201. SHORT TITLE.

    This title may be cited as the ‘National Capital Region Interstate Transportation Authority Act of 1995’.

SEC. 202. FINDINGS.

    Congress finds that--

      (1) traffic congestion imposes serious economic burdens on the metropolitan Washington, D.C., area, costing each commuter an estimated $1,000 per year;

      (2) the volume of traffic in the metropolitan Washington, D.C., area is expected to increase by more than 70 percent between 1990 and 2020;

      (3) the deterioration of the Woodrow Wilson Memorial Bridge and the growing population of the metropolitan Washington, D.C., area contribute significantly to traffic congestion;

      (4) the Bridge serves as a vital link in the Interstate System and in the Northeast corridor;

      (5) identifying alternative methods for maintaining this vital link of the Interstate System is critical to addressing the traffic congestion of the area;

      (6) the Bridge is--

        (A) the only drawbridge in the metropolitan Washington, D.C., area on the Interstate System;

        (B) the only segment of the Capital Beltway with only 6 lanes; and

        (C) the only segment of the Capital Beltway with a remaining expected life of less than 10 years;

      (7) the Bridge is the only part of the Interstate System owned by the Federal Government;

      (8)(A) the Bridge was constructed by the Federal Government;

      (B) prior to the date of enactment of this Act, the Federal Government has contributed 100 percent of the cost of building and rehabilitating the Bridge; and

      (C) the Federal Government has a continuing responsibility to fund future costs associated with the upgrading of the Interstate Route 95 crossing, including the rehabilitation and reconstruction of the Bridge;

      (9) the Woodrow Wilson Bridge Coordination Committee, established by the Federal Highway Administration and comprised of representatives of Federal, State, and local governments, is undertaking planning studies pertaining to the Bridge, consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable Federal laws;

      (10) the transfer of ownership of the Bridge to a regional entity under the terms and conditions described in this title would foster regional transportation planning efforts to identify solutions to the growing problem of traffic congestion on and around the Bridge;

      (11) any material change to the Bridge must take into account the interests of nearby communities, the commuting public, Federal, State, and local government organizations, and other affected groups; and

      (12) a commission of congressional, State, and local officials and transportation representatives has recommended to the Secretary of Transportation that the Bridge be transferred to an independent authority to be established by the Capital Region jurisdictions.

SEC. 203. PURPOSES.

    The purposes of this title are--

      (1) to grant consent to the Commonwealth of Virginia, the State of Maryland, and the District of Columbia to establish the National Capital Region Interstate Transportation Authority; and

      (2) to authorize the transfer of ownership of the Bridge to the Authority for the purposes of owning, constructing, maintaining, and operating a bridge or tunnel or a bridge and tunnel project across the Potomac River.

SEC. 204. DEFINITIONS.

    In this title:

      (1) AUTHORITY- The term ‘Authority’ means the National Capital Region Interstate Transportation Authority authorized by this title and by similar enactment by each of the Capital Region jurisdictions.

      (2) AUTHORITY FACILITY- The term ‘Authority facility’ means--

        (A) the Bridge (as in existence on the date of enactment of this Act);

        (B) any southern Capital Beltway crossing of the Potomac River constructed in the vicinity of the Bridge after the date of enactment of this Act; or

        (C) any building, improvement, addition, extension, replacement, appurtenance, land, interest in land, water right, air right, franchise, machinery, equipment, furnishing, landscaping, easement, utility, approach, roadway, or other facility necessary or desirable in connection with or incidental to a facility described in subparagraph (A) or (B).

      (3) BOARD- The term ‘Board’ means the board of directors of the Authority established under section 206.

      (4) BRIDGE- The term ‘Bridge’ means the Woodrow Wilson Memorial Bridge across the Potomac River.

      (5) CAPITAL REGION JURISDICTION- The term ‘Capital Region jurisdiction’ means--

        (A) the Commonwealth of Virginia;

        (B) the State of Maryland; or

        (C) the District of Columbia.

      (6) INTERSTATE SYSTEM- The term ‘Interstate System’ means the Dwight D. Eisenhower National System of Interstate and Defense Highways designated under section 103(e) of title 23, United States Code.

      (7) NATIONAL CAPITAL REGION- The term ‘National Capital Region’ means the region consisting of the metropolitan areas of--

        (A)(i) the cities of Alexandria, Fairfax, and Falls Church, Virginia; and

        (ii) the counties of Arlington and Fairfax, Virginia, and the political subdivisions of the Commonwealth of Virginia located in the counties;

        (B) the counties of Montgomery and Prince Georges, Maryland, and the political subdivisions of the State of Maryland located in the counties; and

        (C) the District of Columbia.

      (8) SECRETARY- The term ‘Secretary’ means the Secretary of Transportation.

SEC. 205. ESTABLISHMENT OF AUTHORITY.

    (a) CONSENT TO AGREEMENT- Congress grants consent to the Commonwealth of Virginia, the State of Maryland, and the District of Columbia to enter into an interstate agreement or compact to establish the National Capital Region Interstate Transportation Authority in accordance with this title.

    (b) ESTABLISHMENT OF AUTHORITY-

      (1) IN GENERAL- On execution of the interstate agreement or compact described in subsection (a), the Authority shall be considered to be established.

      (2) GENERAL POWERS- The Authority shall be a body corporate and politic, independent of all other bodies and jurisdictions, having the powers and jurisdiction described in this title and such additional powers as are conferred on the Authority by the Capital Region jurisdictions, to the extent that the additional powers are consistent with this title.

SEC. 206. GOVERNMENT OF AUTHORITY.

    (a) IN GENERAL- The Authority shall be governed in accordance with this section and with the terms of any interstate agreement or compact relating to the Authority that is consistent with this title.

    (b) BOARD- The Authority shall be governed by a board of directors consisting of 12 members appointed by the Capital Region jurisdictions and 1 member appointed by the Secretary.

    (c) QUALIFICATIONS- One member of the Board shall have an appropriate background in finance, construction lending, or infrastructure policy.

    (d) CHAIRPERSON- The chairperson of the Board shall be elected biennially by the members of the Board.

    (e) SECRETARY AND TREASURER- The Board may--

      (1) biennially elect a secretary and a treasurer, or a secretary-treasurer, without regard to whether the individual is a member of the Board; and

      (2) prescribe the powers and duties of the secretary and treasurer, or the secretary-treasurer.

    (f) TERMS-

      (1) IN GENERAL- Except as provided in paragraph (2), a member of the Board shall serve for a 6-year term, and shall continue to serve until the successor of the member has been appointed in accordance with this subsection.

      (2) INITIAL APPOINTMENTS-

        (A) BY CAPITAL REGION JURISDICTIONS- Members initially appointed to the Board by a Capital Region jurisdiction shall be appointed for the following terms:

          (i) 1 member shall be appointed for a 6-year term.

          (ii) 1 member shall be appointed for a 4-year term.

          (iii) 2 members shall each be appointed for a 2-year term.

        (B) BY SECRETARY- The member of the Board appointed by the Secretary shall be appointed for a 6-year term.

      (3) FAILURE TO APPOINT- The failure of a Capital Region jurisdiction to appoint 1 or more members of the Board, as provided in this subsection, shall not impair the establishment of the Authority if the condition of the establishment described in section 205(b)(1) has been met.

      (4) VACANCIES- Subject to paragraph (5), a person appointed to fill a vacancy on the Board shall serve for the unexpired term.

      (5) REAPPOINTMENTS- A member of the Board shall be eligible for reappointment for 1 additional term.

      (6) PERSONAL LIABILITY OF MEMBERS- A member of the Board, including any nonvoting member, shall not be personally liable for--

        (A) any action taken in the capacity of the member as a member of the Board; or

        (B) any note, bond, or other financial obligation of the Authority.

      (7) QUORUM-

        (A) IN GENERAL- Subject to subparagraph (B), for the purpose of carrying out the business of the Authority, 7 members of the Board shall constitute a quorum.

        (B) APPROVAL OF BOND ISSUES AND BUDGET- Eight affirmative votes of the members of the Board shall be required to approve bond issues and the annual budget of the Authority.

      (8) COMPENSATION- A member of the Board shall serve without compensation and shall reside within a Capital Region jurisdiction.

      (9) EXPENSES- A member of the Board shall be entitled to reimbursement for the expenses of the member incurred in attending a meeting of the Board or while otherwise engaged in carrying out the duties of the Board.

SEC. 207. OWNERSHIP OF BRIDGE.

    (a) CONVEYANCE BY SECRETARY-

      (1) IN GENERAL- After the Capital Region jurisdictions enter into the agreement described in subsection (c), the Secretary shall convey all right, title, and interest of the Department of Transportation in and to the Bridge to the Authority. Except as provided in paragraph (2), upon conveyance by the Secretary, the Authority shall accept the right, title, and interest in and to the Bridge, and all duties and responsibilities associated with the Bridge.

      (2) INTERIM RESPONSIBILITIES- Until such time as a new crossing of the Potomac River described in section 208 is constructed and operational, the conveyance under paragraph (1) shall in no way--

        (A) relieve the Capital Region jurisdictions of the sole and exclusive responsibility to maintain and operate the Bridge; or

        (B) relieve the Secretary of the responsibility to rehabilitate the Bridge or to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and all other requirements applicable with respect to the Bridge.

    (b) CONVEYANCE BY THE SECRETARY OF THE INTERIOR- At the same time as the conveyance of the Bridge by the Secretary under subsection (a), the Secretary of the Interior shall transfer to the Authority all right, title, and interest of the Department of the Interior in and to such land under or adjacent to the Bridge as is necessary to carry out section 208. Upon conveyance by the Secretary of the Interior, the Authority shall accept the right, title, and interest in and to the land.

    (c) AGREEMENT- The agreement referred to in subsection (a) is an agreement among the Secretary, the Governors of the Commonwealth of Virginia and the State of Maryland, and the Mayor of the District of Columbia as to the Federal share of the cost of the activities carried out under section 208.

SEC. 208. CAPITAL IMPROVEMENTS AND CONSTRUCTION.

    The Authority shall take such action as is necessary to address the need of the National Capital Region for an enhanced southern Capital Beltway crossing of the Potomac River that serves the traffic corridor of the Bridge (as in existence on the date of enactment of this Act), in accordance with the recommendations in the final environmental impact statement prepared by the Secretary. The Authority shall have the sole responsibility for the ownership, construction, operation, and maintenance of a new crossing of the Potomac River.

SEC. 209. ADDITIONAL POWERS AND RESPONSIBILITIES OF AUTHORITY.

    In addition to the powers and responsibilities of the Authority under the other provisions of this title and under any interstate agreement or compact relating to the Authority that is consistent with this title, the Authority shall have all powers necessary and appropriate to carry out the duties of the Authority, including the power--

      (1) to adopt and amend any bylaw that is necessary for the regulation of the affairs of the Authority and the conduct of the business of the Authority;

      (2) to adopt and amend any regulation that is necessary to carry out the powers of the Authority;

      (3) subject to section 207(a)(2), to plan, establish, finance, operate, develop, construct, enlarge, maintain, equip, or protect the Bridge or a new crossing of the Potomac River described in section 208;

      (4) to employ, in the discretion of the Authority, a consulting engineer, attorney, accountant, construction or financial expert, superintendent, or manager, or such other employee or agent as is necessary, and to fix the compensation and benefits of the employee or agent, except that--

        (A) an employee of the Authority shall not engage in an activity described in section 7116(b)(7) of title 5, United States Code, with respect to the Authority; and

        (B) an employment agreement entered into by the Authority shall contain an explicit prohibition against an activity described in subparagraph (A) with respect to the Authority by an employee covered by the agreement;

      (5) to--

        (A) acquire personal and real property (including land lying under water and riparian rights), or any easement or other interest in real property, by purchase, lease, gift, transfer, or exchange; and

        (B) exercise such powers of eminent domain in the Capital Region jurisdictions as are conferred on the Authority by the Capital Region jurisdictions, in the exercise of the powers and the performance of the duties of the Authority;

      (6) to apply for and accept any property, material, service, payment, appropriation, grant, gift, loan, advance, or other fund that is transferred or made available to the Authority by the Federal Government or by any other public or private entity or individual;

      (7) to borrow money on a short-term basis and issue notes of the Authority for the borrowing payable on such terms and conditions as the Board considers advisable, and to issue bonds in the discretion of the Authority for any purpose consistent with this title, which notes and bonds--

        (A) shall not constitute a debt of the United States, a Capital Region jurisdiction, or any political subdivision of the United States or a Capital Region jurisdiction; and

        (B) may be secured solely by the general revenues of the Authority, or solely by the income and revenues of the Bridge or a new crossing of the Potomac River described in section 208;

      (8) to fix, revise, charge, and collect any reasonable toll or other charge;

      (9) to enter into any contract or agreement necessary or appropriate to the performance of the duties of the Authority or the proper operation of the Bridge or a new crossing of the Potomac River described in section 208;

      (10) to make any payment necessary to reimburse a local political subdivision having jurisdiction over an area where the Bridge or a new crossing of the Potomac River is situated for any extraordinary law enforcement cost incurred by the subdivision in connection with the Authority facility;

      (11) to enter into partnerships or grant concessions between the public and private sectors for the purpose of--

        (A) financing, constructing, maintaining, improving, or operating the Bridge or a new crossing of the Potomac River described in section 208; or

        (B) fostering development of a new transportation technology;

      (12) to obtain any necessary Federal authorization, permit, or approval for the construction, repair, maintenance, or operation of the Bridge or a new crossing of the Potomac River described in section 208;

      (13) to adopt an official seal and alter the seal, as the Board considers appropriate;

      (14) to appoint 1 or more advisory committees;

      (15) to sue and be sued in the name of the Authority; and

      (16) to carry out any activity necessary or appropriate to the exercise of the powers or performance of the duties of the Authority under this title and under any interstate agreement or compact relating to the Authority that is consistent with this title, if the activity is coordinated and consistent with the transportation planning process implemented by the metropolitan planning organization for the Washington, District of Columbia, metropolitan area under section 134 of title 23, United States Code, and section 5303 of title 49, United States Code.

SEC. 210. FUNDING.

    (a) SET-ASIDE- Section 104 of title 23, United States Code (as amended by section 125(b)(2)(A)), is further amended--

      (1) in the first sentence of subsection (b), by striking ‘subsection (f) of this section’ and inserting ‘subsections (f) and (i)’;

      (2) by redesignating subsection (i) as subsection (j); and

      (3) by inserting before subsection (j) the following:

    ‘(i) WOODROW WILSON MEMORIAL BRIDGE- Before making an apportionment of funds under subsection (b), the Secretary shall set aside $17,550,000 for fiscal year 1996 and $80,050,000 for fiscal year 1997 for the rehabilitation of the Woodrow Wilson Memorial Bridge and for the planning, preliminary design, engineering, and acquisition of a right-of-way for, and construction of, a new crossing of the Potomac River.’.

    (b) APPLICABILITY OF TITLE 23- Funds made available under this section shall be available for obligation in the manner provided for funds apportioned under chapter 1 of title 23, United States Code, except that--

      (1) the Federal share of the cost of any project funded under this section shall be 100 percent; and

      (2) the funds made available under this section shall remain available until expended.

    (c) STUDY- Not later than May 31, 1997, the Secretary, in consultation with each of the Capital Region jurisdictions, shall prepare and submit to Congress a report identifying the necessary Federal share of the cost of the activities to be carried out under section 208.

    (d) DISTRIBUTION OF OBLIGATION AUTHORITY- Section 1002(e)(3) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 23 U.S.C. 104 note) is amended by inserting before the period at the end the following: ‘and the National Capital Region Interstate Transportation Authority Act of 1995’.

    (e) REMOVAL OF ISTEA AUTHORIZATION FOR BRIDGE REHABILITATION- Section 1069 of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2009) is amended by striking subsection (i).

SEC. 211. AVAILABILITY OF PRIOR AUTHORIZATIONS.

    In addition to the funds made available under section 210, any funds made available for the rehabilitation of the Bridge under sections 1069(i) and 1103(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2009 and 2028) (as in effect prior to the amendment made by section 210(e)) shall continue to be available after the conveyance of the Bridge to the Authority under section 207(a), in accordance with the terms under which the funds were made available under the Act.

TITLE III--FEDERAL HIGHWAY AND RAILROAD GRADE CROSSING SAFETY

SEC. 301. SHORT TITLE.

    This title may be cited as the ‘Federal Highway and Railroad Grade Crossing Safety Act of 1995’.

SEC. 302. INTELLIGENT VEHICLE-HIGHWAY SYSTEMS.

    In implementing the Intelligent Vehicle-Highway Systems Act of 1991 (23 U.S.C. 307 note), the Secretary of Transportation shall ensure that the National Intelligent Vehicle-Highway Systems Program addresses, in a comprehensive and coordinated manner, the use of intelligent vehicle-highway technologies to promote safety at railroad-highway grade crossings. The Secretary of Transportation shall ensure that two or more operational tests funded under such Act shall promote highway traffic safety and railroad safety.

SEC. 303. STATE HIGHWAY SAFETY MANAGEMENT SYSTEMS.

    (a) AMENDMENT OF REGULATIONS- The Secretary of Transportation shall conduct a rulemaking proceeding to amend the regulations under section 500.407 of title 23, Code of Federal Regulations, to require that each highway safety management system developed, established, and implemented by a State shall, among countermeasures and priorities established under subsection (b)(2) of that section--

      (1) include public railroad-highway grade-crossing closure plans that are aimed at eliminating high-risk or redundant crossings (as defined by the Secretary);

      (2) include railroad-highway grade-crossing policies that limit the creation of new at-grade crossings for vehicle or pedestrian traffic, recreational use, or any other purpose; and

      (3) include plans for State policies, programs, and resources to further reduce death and injury at high-risk railroad-highway grade crossings.

    (b) DEADLINE- The Secretary of Transportation shall complete the rulemaking proceeding described in subsection (a) and prescribe the required amended regulations, not later than one year after the date of enactment of this Act.

SEC. 304. VIOLATION OF GRADE-CROSSING LAWS AND REGULATIONS.

    (a) FEDERAL REGULATIONS- Section 31311 of title 49, United States Code, is amended by adding at the end the following new subsection:

    ‘(h) Grade-Crossing Violations-

      ‘(1) SANCTIONS- The Secretary shall issue regulations establishing sanctions and penalties relating to violations, by persons operating commercial motor vehicles, of laws and regulations pertaining to railroad-highway grade crossings.

      ‘(2) MINIMUM REQUIREMENTS- Regulations issued under paragraph (1) shall, at a minimum, require that--

        ‘(A) the penalty for a single violation shall not be less than a 60-day disqualification of the driver’s commercial driver’s license; and

        ‘(B) any employer that knowingly allows, permits, authorizes, or requires an employee to operate a commercial motor vehicle in violation of such a law or regulation shall be subject to a civil penalty of not more than $10,000.’.

    (b) DEADLINE- The initial regulations required under section 31310(h) of title 49, United States Code, shall be issued not later than one year after the date of enactment of this Act.

    (c) STATE REGULATIONS- Section 31311(a) of title 49, United States Code, is amended by adding at the end the following new paragraph:

      ‘(18) GRADE-CROSSING REGULATIONS- The State shall adopt and enforce regulations prescribed by the Secretary under section 31310(h) of this title.’.

SEC. 305. SAFETY ENFORCEMENT.

    (a) COOPERATION BETWEEN FEDERAL AND STATE AGENCIES- The National Highway Traffic Safety Administration, and the Office of Motor Carriers within the Federal Highway Administration, shall on a continuing basis cooperate and work with the National Association of Governors’ Highway Safety Representatives, the Commercial Vehicle Safety Alliance, and Operation Lifesaver, Inc., to improve compliance with and enforcement of laws and regulations pertaining to railroad-highway grade crossings.

    (b) REPORT- The Secretary of Transportation shall submit a report to Congress by January 1, 1996, indicating (1) how the Department worked with the above mentioned entities to improve the awareness of the highway and commercial vehicle safety and law enforcement communities of regulations and safety challenges at railroad-highway grade crossings, and (2) how resources are being allocated to better address these challenges and enforce such regulations.

SEC. 306. CROSSING ELIMINATION; STATEWIDE CROSSING FREEZE.

    (a) STATEMENT OF POLICY-

      (1) Railroad-highway grade crossings present inherent hazards to the safety of railroad operations and to the safety of persons using those crossings. It is in the public interest--

        (A) to eliminate redundant and high risk railroad-highway grade crossings; and

        (B) to limit the creation of new crossings to the minimum necessary to provide for the reasonable mobility of the American people and their property, including emergency access.

      (2) Elimination of redundant and high-risk railroad-highway grade crossings is necessary to permit optimum use of available funds to improve the safety of remaining crossings, including funds provided under Federal law.

      (3) Effective programs to reduce the number of unneeded railroad-highway grade crossings, and to close those crossings that cannot be made reasonably safe (due to reasons of topography, angles of intersection, etc.), require the partnership of Federal, State, and local officials and agencies, and affected railroads.

      (4) Promotion of a balanced national transportation system requires that highway planning specifically take into consideration the interface between highways and the national railroad system.

    (b) PARTNERSHIP AND OVERSIGHT- The Secretary shall foster a partnership among Federal, State, and local transportation officials and agencies to reduce the number of railroad-highway grade crossings and to improve safety at remaining crossings. The Secretary shall make provisions for periodic review to ensure that each State (including State subdivisions and local governments) is making substantial, continued progress toward achievement of the purposes of this section.

    (c) CROSSING FREEZE- If, upon review, and after opportunity for a hearing, the Secretary determines that a State or political subdivision thereof has failed to make substantial, continued progress toward achievement of the purposes of this section, then the Secretary shall impose a limit on the maximum number of public railroad-highway grade crossings in that State. The limitation imposed by the Secretary under this subsection shall remain in effect until the State demonstrates compliance with the requirements of this section. In addition, the Secretary may, for a period of not more than 3 years after such a determination, require compliance with specific numeric targets for net reductions in the number of railroad-highway grade crossings (including specification of hazard categories with which such crossings are associated).

    (d) REGULATIONS- The Secretary shall issue such regulations as may be necessary to carry out this section.

Passed the Senate June 22 (legislative day, June 19), 1995.

Attest:

Secretary.

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104th CONGRESS

1st Session

S. 440

AN ACT

To amend title 23, United States Code, to provide for the designation of the National Highway System, and for other purposes.