DRAFT SECTION BY SECTION ANALYSIS
NHS DESIGNATION ACT OF 1995
P.L. 104-59, 109 STAT. 588
Acronyms and Commonly Used Terms
- Title 23 - Title 23 "Highways" of the United States Code (USC)
- ISTEA - Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102-240)
which is the most recent major authorizing act for surface transportation programs.
- NHS - National Highway System, a system of nationally important roads, established in
the ISTEA. The Department of Transportation was required to recommend a proposed system of
155,000 miles (+ or -15%) and report to Congress by December 18, 1993. Congress was required to
designate the system.
- NHS Legislation -- the National Highway System Designation Act of 1995 (P.L. 104-59,
109 Stat. 588)
- Secretary -- Unless otherwise noted, "secretary" refers to the Secretary of
Transportation.
- FHWA -- Federal Highway Administration
- NHTSA -- National Highway Traffic Safety Administration
This section (1) designates the National Highway System within the United States, including the
District of Columbia and the Commonwealth of Puerto Rico, as submitted by the Secretary and
dated November 13, 1995. As of that date the system consisted of 160,955 miles; (2) authorizes
the Secretary to make future modifications to the system; requires the Secretary to submit
proposed modifications to the system consisting of highway connections to major intermodal
transportation facilities and international border crossings to Congress for approval within 180
days of enactment; (3) establishes interim eligibility for projects on highway connections to
major intermodal transportation facilities if the Secretary finds that the connections are
consistent with criteria developed by the Secretary for designating such connections; (4)
requires the Secretary to add routes to the NHS where necessary upon completion of feasibility
studies for congressional high priority corridors; and (5) limits the NHS to 155,000 miles, but
authorizes the Secretary to increase or decrease the total mileage by plus or minus 15 percent.
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Section 1003(c) of the Intermodal Surface Transportation Efficiency Act (ISTEA) required that,
in accord with the Budget Enforcement Act of 1990, authorizations from the highway account of
the Highway Trust Fund for fiscal years 1992-96 be held to $98.64 billion.
In Section 201 of the NHS legislation Congress states its intent to mitigate the effects of
Section 1003(c) as much as possible in view of the importance of Federal infrastructure spending
on transportation to the Nation's economy and interstate commerce. To accomplish this, Title II
of the NHS legislation 1) makes Federal-aid highway program categories more flexible so that
States may fund high-priority projects in fiscal year 1996, 2) reallocates funds from certain
programs to State core transportation programs, 3) ensures equitable distribution of funds to
urbanized areas, and 4) suspends certain penalties that would be imposed on the States.
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Authorizes $291.5 million ($266,522,436 rescinded plus transfer of $25 million in Congestion
Pricing funds) in fiscal year 1996 and $180,000,000 ($155 million rescinded plus transfer of $25
million in Congestion Pricing funds) in fiscal year 1997. Each State, the District of Columbia
and Puerto Rico as well as the Territories will be apportioned an amount based on percentages
prescribed by this section. Urbanized areas over 200,000 population are guaranteed a share of
the funding restoration amounts received by a State.
Funds will remain available until the end of fiscal year 1999 for projects eligible for
assistance under Chapter 1 of Title 23. States may use 1/2 of 1 percent for metropolitan
planning and 1 1/2 percent for highway planning and research projects. Obligations by the
States will be subject to the obligation limitation. These funds will have no effect on the
States equity apportionments, i.e., Minimum Allocation, Donor State Bonus, Hold Harmless, and
90% payments. The amounts authorized by this section are not subject to any administrative
takedown or setasides.
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Provides for the rescission and transfer of funds to support the authorizations in Section 202
of the NHS legislation. The programs rescinded and transferred include:
- selected demonstration project funds,
- a portion of the FHWA Administrative funds,
- Maglev prototype development funds for fiscal years 96 and 97
- high-speed ground transportation technology demonstration funds for fiscal year 1997
- part of the FHWA Section 402 safety funds,
- part of the fiscal year 1997 NHTSA highway safety program funds, and
- unobligated Congestion Pricing Pilot Program funds and fiscal years 96 and 97
authorizations for the program.
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Provides flexibility to the States by allowing transfers between the funding categories to
lessen the impact of Section 1003(c) funding reductions on planned high priority transportation
projects, eligible under Chapter 1 of Title 23, in fiscal year 1996. Existing transfer rules in
Title 23, United States Code and ISTEA do not apply to these transfers.
Amounts transferred from one category to another must have been unobligated on 9/30/95, and
total transfers by any one State may not exceed the Section 1003(c) reduction to such State less
the amount allocated to such State pursuant to Section 202 (Funding Restoration) of the NHS
legislation. Any transfer of funds previously allocated to an urbanized area must be approved
by the Metropolitan Planning Organization (MPO) for that area. Transfers of Congestion
Mitigation and Air Quality funds and Surface Transportation Enhancement funds may only be made
after all other possible funding transferability procedures have been exhausted. Only one-third
of a State's unobligated Interstate Construction funds is available for transfer.
States will notify the Secretary, within 30 days of enactment (or as soon as possible) which
unobligated program funds it will use flexibly. Within 45 days of enactment (or as soon as
possible), the Secretary must make the funds available for flexible use.
None of the provisions in this section shall impact the equity apportionments, (i.e., Minimum
Allocation, Donor State Bonus, Hold Harmless, and 90% Payments) or the August redistribution of
obligation limitation.
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- 205(a) Suspension of Management Systems
- States may choose not to implement, in whole or in part, one or more of the management
systems required under ISTEA. The Secretary may not impose sanctions or penalties on funds if a
State makes such a choice.
The Comptroller General, in cooperation with the States, is required to report to Congress by
October 1, 1996 recommending to what extent the management systems should be implemented.
Note: The NHS legislation does not affect the requirement in Section 134 of Title 23 that the
planning process in all Transportation Management Areas (TMAs) include consideration of
congestion, nor the requirement in Section 134(l) of Title 23 that Federal funds may not be
programmed in a carbon monoxide and/or ozone nonattainment TMA for any highway project that will
result in a significant increase in single-occupant-vehicle capacity unless the project is based
on an approved congestion management plan. Further guidance will be provided on the
consideration of congestion in the planning process.
- 205(b) Asphalt Containing Recycled Rubber
- Eliminates the penalties and requirements related to the States' use of crumb rubber.
- 205(c) Metric Requirements
- The Secretary will not require metric legends on highway signs. This is a State prerogative.
The prohibition of Federal funds for metric legend highway signs has been extended through
fiscal year 1996 by Section 324 of the 1996 DOT Appropriations Act.
Also, project-related metric conversion activities (e.g., highway design, PS&E preparation,
construction, etc.) are optional until September 30, 2000.
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205(d) Repeal of the National Maximum Speed Limit Compliance Program
- Repeals the law that required that the States adhere to national maximum speed limits. This
repeal allows each State to set any speed limit it wants, or no speed limit at all, on all
vehicles. Congress set the national maximum speed limit at 55 mile per hour in 1974 as a
fuel-saving measure in response to an oil embargo. It relaxed the law in 1987, when it raised
the limit to 65 miles per hour on highways built to Interstate standards outside urbanized
areas.
The section provides that the Federal repeal of the speed limit is to take effect 10 days after
the date of the bill's enactment, a grace period intended to give State governments a chance to
decide whether to revise their own speed limit laws. An exception to the 10-day period is
provided if the legislature of a State is not in session on the date of the bill's enactment and
the Governor declares, before the end of the 10-day period, that the legislature is not in
session and that the State prefers an applicability date for the repeal of the national maximum
speed limit law that is after the date on which the legislature will convene. If this occurs,
then the Federal repeal is applicable to the State on the 60th day following the date on which
the legislature next convenes.
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205(e) Elimination of Penalty for Non-Compliance for Motorcycle Helmets
- This section removes the requirement in Section 153 of Title 23 that States have a
motorcycle helmet use law in place or be subject to a transfer of 3 percent of Federal-aid
highway construction funds to the Section 402 safety program. Provides that no State is to be
penalized for lack of a motorcycle helmet use law in fiscal year 1996.
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Provides definitions for "authorized funds" and "urbanized area".
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Amends the definition of work elements eligible for National Highway System (NHS) funding in
Section 103 of Title 23 by eliminating the previous two year limitation on reimbursement of
startup and operation costs for traffic management and control projects. NHS funding can now be
used in the same manner as Surface Transportation Program (STP) funds to fund capital costs, as
well as the continued operation of freeway/traffic control centers, incident management
programs, traveler information systems, transit management systems, and the like.
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Amends section 104(g) of Title 23 by increasing the percentage of Highway Bridge Replacement and
Rehabilitation Program (HBRRP) funds that a State can transfer to the National Highway System
(NHS) or the Surface Transportation Program (STP). The percentage is increased from the current
40 percent to 50 percent.
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- (a) Life-Cycle Cost Analysis
- Amends Section 106 of Title 23 to require the Secretary to establish a program requiring
States to conduct a life-cycle cost analysis of each usable project segment on
the National Highway System (NHS) with a cost of $25 million or more.
- (b) Value Engineering for NHS
- Amends Section 106 of Title 23 to require the Secretary to establish a program requiring
States to conduct a value engineering analysis of all projects on the NHS with
a cost of $25 million or more. The value engineering review is to be made during the design
phase of the project.
Conference Report language suggests that DOT requirements for value engineering and life-cycle
cost analysis on other projects would be prohibited, but allows States to choose to undertake
additional analysis on additional projects at their discretion.
The Conference Report also contains language to prohibit DOT from prescribing the forms of
life-cycle and value engineering analyses that a State must undertake to satisfy the
requirements.
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- Amends Section 109(a),(c),and (q) of Title 23 as follows:
- (a) Design standards for NHS projects must take into account planned traffic demand,
safety, durability, and economy of maintenance.
(c) Design standards for NHS projects, except those also on the Interstate System, may also
take into account: (A) the constructed and natural environment of the area; B) the
environmental, scenic, aesthetic, historic, community, and preservation impacts of the activity;
and C) access for other modes of transportation. The Secretary, in cooperation with State
highway departments, may develop criteria to implement these provisions.
(q) Notwithstanding the design standards in Section 109(b) and (c) of Title 23, the Secretary
may approve NHS projects that are designed to preserve environmental, scenic, or historic
values, ensure safety, and comply with section (a).
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Amends section 109(j) of Title 23 and Section 176(c) of the Clean Air Act to confirm that the
transportation conformity requirements apply only to areas designated as "nonattainment" under
the Clean Air Act, and to areas that have been redesignated as attainment, but that are still
subject to the section 175A maintenance plan requirements of the Clean Air Act. Nonattainment
areas are those geographical areas that have been designated as nonattainment under section
107(d) of the Clean Air Act (42 U.S.C. 7407 (d)) because they do not meet national primary or
secondary ambient air quality standards for certain pollutants. The transportation conformity
requirements of Title 23 and the Clean Air Act Amendments of 1990 serve to link transportation
plans, programs and projects with a State's plan to reduce air pollutant emissions identified in
the State Implementation Plans (SIPs) required under the Clean Air Act.
Section 305 also clarifies that nonattainment areas are required only to conduct a conformity
analysis for those specific transportation related pollutants for which the area is designated
nonattainment.
This section supports EPA's determination in the existing transportation conformity regulation
(58 Fed. Reg. 62,188 (Nov. 24,1993)) that the conformity program should not be applied to
attainment areas, and eliminates the ambiguity that was the basis of a recent U.S. District
Court decision (Environmental Defense Fund v. Browner, (N.D. Cal. Feb. 10, 1995) that
would have applied transportation conformity to attainment areas.
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Permits states to allow sponsorship logos on call boxes along the National Highway System.
Previously, the installation of only emergency notification systems, considered to be safety
features, were permitted along Interstate and other NHS roadsides.
State and local agencies will review and approve installation and sponsorship logos on call
boxes located in their jurisdiction. The sponsorship logo may not exceed 12 inches by 18
inches. In addition, an identification sign may be displayed on a call post box not more
frequently than 1 every 5 miles. A sponsorship logo not to exceed 12 inches by 30 inches may be
placed on such identification signs. At least 20% of call boxes with sponsorship logos must be
located outside urbanized areas greater than 50,000. The call boxes and their location, posts,
foundations, and mountings shall be consistent with requirements of the Manual on Uniform
Traffic Control Devices or any requirement deemed necessary by the Secretary to assure that the
call boxes shall not be a safety hazard to motorists. The callbox supports should be required
to meet the breakaway requirements of section 7 of AASHTO standard specifications for
structural supports for highway signs, luminares and traffic signals, 1994.
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Amends Section 112(b)(2) of Title 23 to require States, in the contracting for engineering and
design services using Federal-aid highway funds, to accept indirect cost rates established by
audits performed by a cognizant Federal or State government agency in conformance with the
Federal Acquisition Regulations of Part 31 of Title 48, Code of Federal Regulations.
Once indirect cost rates are established and accepted, the rates are confidential and are
applicable for a 1-year period and shall not be limited by administrative or defacto ceilings of
any kind.
These provisions shall take effect 1 year after enactment of the NHS legislation except if a
State adopts, by statute, an alternative process "intended to promote engineering and design
quality and ensure maximum competition by professional companies of all sizes providing
engineering and design services." This 1 year period may be extended to encompass a full
regular session of the State's legislature.
The pilot program established under Section 1092 of the 1991 ISTEA is repealed.
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Amends Section 115(d) of Title 23 to permit the Secretary to approve an application for advance
construction consistent with projects which are included on the State's Transportation
Improvement Program (STIP). Advance construction allows a State to initiate Federally approved
projects without a commitment of Federal funds. The State may request obligation (i.e.,
commitment) of Federal funds at a later date. Currently, the limitation on advance construction
requires that an authorization of Federal funds be in effect one year beyond the fiscal year for
which the project is approved, thus eliminating a State's ability to advance construct in the
final year of a multi-year authorization act. This amendment will provide greater flexibility
to the States to engage in advance construction.
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Section 1009(e)(4) of ISTEA had limited Federal-aid eligibility for Interstate System preventive
maintenance projects to those where a "...State can demonstrate, through its pavement
management system, that such activities are a cost-effective means of extending Interstate
pavement life."
This section expands eligibility by allowing a State to demonstrate to the satisfaction of the
Secretary that a proposed project is cost-effective rather than requiring that a "State's
pavement management system demonstrate that a project is cost-effective."
In addition, Section 309 provides for preventive maintenance activities on Federal-aid highways
rather than restricting these activities to only the Interstate pavement.
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Amends Section 120(c) of Title 23 to include safety rest areas as an activity eligible
for 100 percent Federal share. An eligible safety rest area for this higher share is defined as
an area to park vehicles where food, fuel and lodging services are not available and which are
located along a route where there is a shortage of public or private areas to park motor
vehicles. Based on the legislative history, this provision is intended for projects that are
related to truck driver fatigue.
This section also amends Section 217(f), which sets the Federal share for projects involving
bicycle transportation facilities and pedestrian walkways, by replacing the 80 percent
figure with a reference to Section 120(b) of Title 23. This will allow the Federal share for
bicycle and pedestrian projects to be the same as that for Federal-aid projects in general,
including use of sliding-scale.
This section also amends Section 1021(c) of the ISTEA regarding Federal share for Economic
Growth Center (ECG) development highway projects. A higher Federal share of 95 percent is
allowed for any ECG project that is located on what was a Federal-aid system route prior to
enactment of ISTEA.
Finally, this section increases the Federal share to 95 percent for the project to connect U.S.
71 to the Northwest Arkansas Regional Airport in Arkansas.
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Amends Section 122 of Title 23 to allow States to use Federal-aid highway funds for bond
principal, interest costs, issuance costs, and insurance on Title 23-eligible projects.
Before this change, Federal-aid funds were limited to bond retirement costs on certain
categories of projects. Projects eligible for bond costs were Federal-aid primary, Interstate,
Urban Extension, and Interstate Substitute projects. Interest costs were eligible for some
Interstate projects.
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Allows overweight single- or twin-trailer combinations which are legal in Nebraska and South
Dakota to travel on Interstate route 29 between Sioux City, Iowa and the border between Iowa and
South Dakota and on Interstate 129 between Sioux City, Iowa and the border between Iowa and
Nebraska.
Allows combination vehicles with two or more cargo-carrying units that were not in actual
operation on June 1, 1991 to operate on Interstate 29 between Sioux City, Iowa, and the border
between Iowa and South Dakota or on Interstate Route 129 between Sioux City, Iowa and the border
between Iowa and Nebraska.
This section amends section 127 of Title 23 to exempt from the vehicle weight limitations in
section 127 vehicles operating on the 104-mile portion of Wisconsin State Route 78 and U.S.
Route 51 between I-94 near Portage, Wisconsin and Wisconsin State Route 29 south of Wausau,
Wisconsin, upon the inclusion of the route segment as part of the Interstate System under
section 139 of Title 23.
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Amends the toll provisions of Section 129 of Title 23. A uniform Federal share of 80 percent is
established for eligible toll projects, replacing the current range of 50 to 80 percent. In
addition, the loan provisions have been expanded to cover both toll and non-toll facilities with
a dedicated revenue source. Further, the States are given greater flexibility in determining
the interest rates for loans and are given the authority to use loan repayments for additional
activities.
This section also amends the ferry provisions of Section 129 of Title 23. Ferry systems that
operate between the U.S. and Canada will now be eligible for Federal-aid funding provided the
other requirements in Section 129(c) are satisfied.
Lastly, this section will allow 1) the existing bridge agreement for the Centennial Bridge in
Rock Island, Illinois, to be modified as if it were a Section 129 toll agreement, and 2) excess
toll revenues from I-75 (Alligator Alley) in Florida to be
used for certain environmental projects in the Everglades.
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This section codifies FHWA's current implementation of Section 131(s) of Title 23 on State
designated scenic byways. It allows States to exclude from scenic byway designation any segment
of the highway that is inconsistent with the State's criteria for designation. The exclusion
must have a reasonable basis and not be designed solely to evade Federal requirements.
This section also clarifies that solely for purposes of system continuity, trail blazer signs
and mapping of excluded segments is not prohibited.
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Provides that acquisitions of land by non-profit conservation organizations, where the land is
subsequently incorporated into a federally assisted transportation enhancement activity, are not
subject to the provisions of the Uniform Relocation Assistance Act, except when the conservation
organization is acting as an agent of State or local government or when the acquisition has
prior Federal approval.
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Allows State DOTs, as an alternative to waiting for reimbursement of funds, to obtain a Federal
advance of funds for transportation enhancement activities, provided that the State has a
project selection process that involves other public agencies and citizens who have expertise
related to transportation enhancements. Amounts advanced must be limited to an amount necessary
to make prompt payment of project costs.
In the environmental compliance area, this section contains two provisions relating to
transportation enhancements. The first directs the Secretary to develop, to the extent
appropriate, categorical exclusions for transportation enhancements. The second directs the
Secretary to work with the Advisory Council on Historic Preservation and the National Conference
of State Historic Preservation Officers to develop a nationwide programmatic agreement for the
process for reviewing the effects that transportation enhancements activities have on historic
properties.
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Adds a sixteenth factor, tourism and recreation, to the planning factors which must be
considered in the development of metropolitan transportation plans.
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Amends section 144(l) of Title 23 to allow non-Federal funds expended for the seismic retrofit
of a toll bridge to be credited toward the non-Federal share for a future Federal-aid project
for the seismic retrofit of the bridge.
Under this provision a toll agency that meets the requirements of section 144(l) can finance a
project to seismically retrofit a bridge with private funds, and later have all or a portion of
the amount used credited toward the non-Federal share of a Federal-aid project to seismically
retrofit that bridge. The Conference Report indicates this is for the Golden Gate Bridge.
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Freezes the distribution factors used to apportion funds each State receives under the
Congestion Mitigation and Air Quality Improvement (CMAQ) Program to fiscal year 1994 levels.
Geographic areas that are redesignated to attainment status or areas that are newly designated
as nonattainment after fiscal year 1994 will not affect a State's CMAQ apportionment.
This section also allows the States to use CMAQ funds in maintenance areas as well as
nonattainment areas within a State. CMAQ funds cannot be used for projects in areas designated
as "transitional" or "incomplete data" nonattainment areas for ozone or in "not classified"
nonattainment areas for carbon monoxide. Subsection (c) provides that the hold harmless and 90%
of payments apportionment adjustments under section 1015 of ISTEA will not be affected by the
limitations included in this section during fiscal year 1996 and 1997.
Adds a new provision to section 149(b) of Title 23 to permit CMAQ funding for the establishment
and operation of traffic monitoring, management, and control facilities or programs, provided
that the Secretary after consultation with the Administrator of EPA finds that the program or
facility is likely to contribute to the attainment of a national ambient air quality standard.
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Requires that the States enact and enforce "Zero Tolerance" laws -- laws that make it illegal
for drivers under the legal drinking age of 21 to drive with a blood-alcohol level of 0.02
percent or higher. States have three years to enact such laws and if they do not the Secretary
will withhold 5 percent of their Federal-aid highway funds (National Highway System, Surface
Transportation Program, and Interstate Maintenance funds) starting in fiscal year 1999 and 10
percent each succeeding year.
Funds withheld on or before September 30, 2000, will be available for a period of 3 years for
apportionment back to the State if it comes into compliance. Funds withheld after September 30,
2000, will not be available for apportionment to the State.
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Amends Section 306 of Title 23 to require the Secretary to issue guidance to States to encourage
the utilization, to the maximum extent practicable, of private sector sources for surveying and
mapping services, including use of photogrammetric methods, for Federal-aid highway projects.
The guidance is to include recommendations as to the appropriate roles for the States and
private sector in mapping and surveying activities including (1) preparation of standards and
specifications, (2) research in instrumentation, mapping and surveying procedures and technology
transfer to the private sector, (3) providing technical guidance, administration and
coordination of State surveying and mapping activities and (4) recommending methods for
increasing use of private sector sources.
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Amends Section 323 of Title 23 to allow States to credit privately donated funds, materials, or
services on a specific Federal-aid project towards the required State match on the project.
Before this change, States could receive credit only for donations of private property
incorporated into a Federal project, or for State and local funds.
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ISTEA amended U.S.C. 409 to extend the limitation on admission of certain data, reports and
surveys into evidence in Federal and State courts to include pre-trial discovery proceedings in
any action for damages arising from any occurrence at a location addressed by such information.
ISTEA limited this information to that which was compiled. This section expands this
information to that which was "collected."
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Amends the Section 410 (of Title 23) Alcohol-Impaired Driving Countermeasures incentive grant
program to provide that 1) a State shall be treated as having met the Basic Grants program
criterion of having a statewide program for roadside sobriety checkpoints if such a program
violates the constitution of the State and if the state meets certain safety performance
requirements; and (2) moves the "zero tolerance" law criterion from the Supplemental Grants
program to the Basic Grants program.
The effect of this section is that States are provided more opportunities to qualify for the
Section 410 program. With the move of the "zero tolerance" criterion to the list of basic
criteria, the States can now be eligible for Section 410 grants by meeting five of seven
criteria (previously, five of six basic criteria had to be satisfied). Also, the act permits
those States which cannot meet the "sobriety checkpoint" basic criterion due to constitutional
prohibitions to substitute performance measures.
For the purpose of the Section 410 program, a zero tolerance law provides that any person under
age 21 with a blood-alcohol content of 0.02 percent or greater shall be deemed driving while
intoxicated when driving a motor vehicle.
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Technical amendment changing the references to the "Committee on Public Works and
Transportation" to the "Committee on Transportation and Infrastructure."
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Extends until reauthorization of the Federal-aid highway and transit programs the temporary
waiver included in the fiscal year 1993 Department of Transportation Appropriations Act for
overweight public transit buses traveling on the Interstate System.
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Requires the Secretary to develop performance grade classifications for crumb rubber modified
binders following the procedures developed during the Strategic Highway Research Program (SHRP)
asphalt research. The Secretary must develop these classifications within 180 days of
enactment, and they should be developed in consultation with representatives of the crumb rubber
modifier industry and other interested parties (including the asphalt paving industry). The
Secretary may also provide grants to States to develop programs to use crumb rubber as a
modifier in asphalt pavements, including the development of mix designs, placement and
evaluation of field tests, and expansion of the State’s program as it exists when the grant is
made. No specific funding is provided by the NHS Designation Act of 1995.
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Amends Section 1058 of ISTEA by modifying the definition of innovative safety barriers.
Previously, a minimum of 2˝% of all the permanent median barriers contained in Federal-aid
contracts in a given calendar year had to be "innovative." The current amendment expands the
requirement to include roadside barriers as well, and eliminates the requirement that the
barriers be permanent, thus allowing use of temporary innovative barriers. The new language
also requires that all such innovative barriers meet the crash test requirements contained in
National Cooperative Highway Research Program Report 350.
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This section amends activities associated with two highway demonstration projects listed in
Section 1069 of the ISTEA. For the Gowanus Expressway Corridor in New York, the State is
required to consider the economic and social impacts of the project on the neighboring
community. For the Intermodal Facilities Project in New York City, the project description is
expanded to include several activities.
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Amends the description of three of the highway demonstration projects authorized by Section 1103
of the ISTEA.
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Amends the descriptions of five of the highway demonstration projects authorized by Section 1104
of the ISTEA.
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Amends several parts of Section 1105 of the ISTEA. In Section 1105(c), three of the existing
high priority corridors are extended or described in more detail as to location as follows: The
East-West Transamerica Corridor (number 3) is described from Virginia through southern Kansas.
Segments of the “I-73/I-74" North-South Corridor (number 5) are detailed from South Carolina to
Ohio. The Indianapolis/Houston Corridor (number 18) is extended to the Mexico border. Further,
an additional eight corridors are added to the listing as follows: Alameda Transportation
corridor, California; I-35 from Texas to Minnesota; Dalton Highway, Alaska; Virginia Route 168
south of Norfolk; CANAMEX corridor from Arizona to Montana; Camino Real corridor from Texas to
Colorado; Birmingham northern Beltline in Alabama; and the Coalfields Expressway in West
Virginia and Virginia.
An additional provision is added to Section 1105(e) designating certain portions of selected
high priority corridors as future additions to the Interstate System. These are Corridor 9 in
Pennsylvania and New York, the portions of Corridor 5 described above, Corridor 18 from Texas to
Indiana, and Corridor 20 in Texas. When the Secretary determines that any segment of these
corridors has been brought up to Interstate standards and connects to the Interstate System, it
shall become part of the Interstate System. Corridor 9 is designated I-99.
These future Interstates will not be eligible for Interstate Maintenance funds. However, the
States are permitted to use unobligated Interstate Construction (IC) fund balances on these
future routes if pending IC projects for which the funds were intended are not being advanced.
If a State uses unobligated IC funds on a future Interstate route, the State will not receive
any additional IC funding.
In Section 1105(e)(2), coastal emergency evacuation routes in Louisiana are added as an eligible
activity for feasibility study discretionary funding. Section 1105(h) feasibility study
discretionary funds are to be used for a feasibility study on a portion of the East-West
Transamerica corridor in Virginia and West Virginia. In Section 1105(f), four of the highway
demonstration project descriptions are modified.
This section also amends the description of one of the highway demonstration projects listed in
Section 1069 of the ISTEA.
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Amends the descriptions of eight of the highway demonstration projects authorized by Section
1106(a) of the ISTEA.
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Amends the descriptions of four of the highway demonstration projects authorized by Section
1106(b) of the ISTEA.
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Amends the descriptions of 17 of the highway demonstration projects authorized by Section 1107
of the ISTEA.
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Amends the descriptions of five of the highway demonstration projects authorized by Section 1108
of the ISTEA.
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Includes several provisions relating to the National Recreational Trails program, authorized by
ISTEA.
- Makes available $15 million for each of fiscal years 96 and 97 from FHWA Administrative
funds.
- The Federal share for projects is set at 50 percent through fiscal year 2000. Thereafter, a
State must provide an amount equal to 20 percent of the amount of Federal funds received under
the National Recreational Trails program by the State.
- States are encouraged to give priority consideration to environmental mitigation projects
that minimize the impact of trails upon the natural environment.
- A representative of individuals with disabilities is added to the Advisory Committee as a
voting member.
- Federal program administrative costs may include contracting for services with other land
management agencies (e.g. U.S. Forest Service, Bureau of Land Management, National Park Service,
etc.).
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- (a) Improved Collaboration in Intelligent Transportation Systems Research and
Development
- Amends Sec. 6054 of the Intelligent Transportation Systems (ITS) Act, which addresses
strategic planning and implementation, and adds a paragraph instructing improved collaboration
in Intelligent Transportation Systems research and development, by allowing the use of
cooperative research and development agreements (CRADAs) for the ITS program in accordance with
Section 307(a)(2) of Title 23.
- (b) Time Limit For Obligation of Funds for Intelligent Transportation Systems Projects
- Amends Sec. 6058 of the IVHS Act addressing funding. It requires that funds be obligated
within about two years or be used for other ITS projects. Specifically, this means the last day
of the fiscal year after the fiscal year for which they were made available.
The stipulation is that funds made available before enactment of the NHS legislation remain
available until expended. Funds made available after enactment of the NHS legislation are
subject to the new provision.
- (c) Conforming Amendments
- Changes the name "Intelligent Vehicle Highway Systems" and the acronym "IVHS" to read
"Intelligent Transportation Systems" and "ITS" to reflect current references. This change is
called for throughout ISTEA (including the IVHS Act or Part B), the U.S. DOT Appropriations Act,
the Hazardous Materials Transportation Authorization Act of 1994, and in Section 5316(d) of the
U.S. Code under University Research Centers. It simply eliminates any confusion associated with
the name of the program and the technology.
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- Section 339(a) Eligibility: Pennsylvania Turnpike and Interstate Route 95
- Section 339(a) expands Section 162 of the Surface Transportation Assistance Act of 1982 to
allow the use of Federal-aid funds for the reconstruction and widening to 6 lanes of Interstate
Route 95 and the Pennsylvania Turnpike (from U.S. Route 1 to the junction with the New Jersey
Turnpike, including the structure over the Delaware River).
This section also provides that the project for the construction of the I-95 interchange with
the Pennsylvania Turnpike, including the widening of the Turnpike, shall be considered as a
reconstruction project described in the provisions of Section 129(a)(1)(B) of Title 23 and
eligible for Federal-aid funding at a prorata Federal share of 90 percent including the added
travel lanes.
The section further provides that tolls may be continued on all traffic on the Pennsylvania
Turnpike between U.S. Route 1 and the New Jersey Turnpike.
- Section 339(b) Type II Noise Barriers
- Section 339(b) prohibits the use of Federal funds to construct Type II noise barriers, other
than for projects that have already been approved by the Secretary prior to the enactment of
this Act. Type II projects are proposed Federal or Federal-aid highway projects for noise
abatement (including construction of noise barriers) on an existing highway. This subsection
does not apply to the construction of barriers along lands substantially developed before
approval of the acquisition of the rights-of-way for, or initial construction of, an existing
highway.
- Section 339(c) Route Segments in Wyoming
- Section 339(c) directs the Secretary, in cooperation with the State, to monitor changes in
growth along and traffic patterns of three route segments in Wyoming for purposes of determining
whether the segments warrant being included in the National Highway System at a future date.
- Section 339(d) Orange Street Bridge, Missoula, Montana
- Section 339(d) permits the Orange Street Bridge in Missoula to be eligible for funding under
the Congestion Mitigation and Air Quality (CMAQ) program. This provision effectively grants a
waiver for the Orange Street Bridge from the CMAQ prohibition against funding single occupant
vehicle capacity expanding projects.
- Section 339(e) National Railroad Passenger Corporation Line
- Section 339(e) allows Rhode Island to use Interstate Substitution, Congestion Mitigation
and Air Quality (CMAQ) or Surface Transportation Program (STP) funds for improvements to, or
adjacent to, the AMTRAK main line between Central Falls and Davisville, Rhode Island, that are
needed to support freight rail movements.
- Section 339(f) Pocono Northeast Railway Company Line
- Section 339(f) allows use of Congestion Mitigation and Air Quality (CMAQ) or Surface
Transportation Program (STP) funds for improvements to the former Pocono Northeast Railway
Company rail line that are needed to support freight rail movements.
- Section 339(g) Brightman Street Bridge, Fall River Harbor, Massachusetts
- Section 339(g) allows the replacement structure for the existing Brightman Street Bridge in
Fall River Harbor, Massachusetts to have a clear channel width of less than 300 feet. The
existing bascule bridge is structurally deficient and has a sufficiency rating of 6.0 (on a
scale of "0" to "100," where "100" represents a structure in new condition). The Massachusetts
Highway Department (MHD) proposes to replace the existing deficient bascule bridge with a new
bascule bridge that has a clear navigation channel span that is less than 300 feet. A channel
span for the replacement structure of 300 feet was desired by the Coast Guard; however, the MHD
does not agree that this clear span is warranted.
- This section of the legislation overrides the Coast Guard requirements and permits the MHD
to construct a structure with a navigational channel span of less than 300 feet.
- Section 339(h) Atlantic Intracoastal Waterway Bridge Replacement at Great Bridge,
Chesapeake, Virginia.
- Section 339(h) covers the replacement of the Great Bridge, Virginia Highway 168 over the
Atlantic Intracoastal Waterway in Chesapeake, Virginia. The existing bridge is owned,
maintained, and operated by the U.S. Army Corps of Engineers. It is to be replaced using
Federal and non-Federal funds. Once the new bridge is constructed, this section requires that
the city of Chesapeake assume full ownership of the replacement bridge, including all associated
operation, maintenance, repair, replacement, and rehabilitation costs.
In a January 31, 1994, letter to the Corps' Norfolk District the city agreed to assume ownership
and operation, maintenance, repair, replacement, and rehabilitation responsibilities for the
replacement structure.
- Section 339(i) Federal Lands Highway Program
- Section 339(i) makes the following roads eligible for funding under the Federal Lands
Highway Program (FLHP):
- Relocate Route 27 - Chickamauga and Chattanooga National Military Park, Georgia
- New River Parkway, West Virginia
- Route 93 - Sommers to Whitefish, Montana
- Blackstone River corridor, Massachusetts and Rhode Island
- State Route 488, Great Basin National Park, Nevada.
This subsection further provides that the State's hold harmless apportionment adjustment will
not be affected if the FLHP public lands highway discretionary fund category is used.
- Section 339(j) Alameda Transportation Corridor
- Section 339(j) authorizes the use of NHS funds for construction of, and operational
improvements for, grade separation projects for the Alameda Transportation Corridor and provides
for the Federal share of the costs for such projects to be determined in accordance with Section
120(b) of Title 23.
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Amends the descriptions of seven of the highway demonstration projects authorized by Section 149
of the 1987 Surface Transportation and Uniform Relocation Assistance Act. In addition, the
unobligated balances from seven of the Section 149 projects in North Dakota can be used for
various other defined activities in the State.
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Changes the statutory effective date of Americans with Disabilities Act (ADA) requirements for
the accessibility to disabled passengers of over-the-road buses (OTRBs). OTRBs are
motorcoaches, of the kind used by intercity bus carriers and charter and tour bus operators.
The section makes DOT's accessibility regulations for OTRBs effective three years after
promulgation for small entities and two years after promulgation for large entities. This
provides OTRB operators a compliance schedule for the regulations similar to that which the ADA
originally envisioned.
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Repeals the preemployment alcohol testing requirement for operators of commercial motor
vehicles, and mass transportation, railroad, air carrier, and FAA employees in safety-sensitive
functions. The NHS legislation directs the Secretary to permit employers to conduct
preemployment alcohol testing on a voluntary basis. All other drug and alcohol testing
requirements are retained.
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Provides an authorization for the National Driver Register of $2.55 million for fiscal year
1996, extending the current authorization through that year.
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Requires the Secretary to implement, within 270 days following the date of enactment, a pilot
program to grant and monitor exemptions from this section and sections 504 and 31502 of Title 49
for some or all vehicles, and some or all of the drivers of vehicles, between 10,000 and 26,000
pounds gross vehicle weight rating. The Secretary must make a decision within 120 days after
receiving an application for participation, if some or all of the eligible vehicles operated by
the applicant or some or all of the drivers employed by the applicant will be exempt.
Applicants for the pilot program must:
- have a satisfactory safety rating or meet criteria established by the Secretary instead of
such rating;
- enter into an agreement with the Secretary that provides that the applicant:
- shall operate safely;
- provide the Secretary with accident and nonconfidential insurance information relevant to
the safety performance of the carrier, drivers and vehicles;
- shall use only drivers who have good safety records for the past 3 years; and
- shall implement safety management controls as the Secretary (in cooperation with the
applicant) determines.
Applicants will be encouraged to use advanced technologies to ensure compliance with program
requirements.
Participation in the pilot program shall be terminated by the Secretary if the applicant has
exceeded the average ratio of preventable accidents to vehicle miles traveled for a period of
one year for eligible vehicles; the participant has failed to comply with the program
requirements, or continued participation in the program is not in the public interest.
Within 270 days following the date of enactment, the Secretary shall publish a rule establishing
criteria and define any terms for implementing the program.
The program shall be implemented within 270 days following enactment. If the rule is not
completed on or before 270 days, the Secretary shall issue interim criteria pending completion
of the rulemaking.
Buses and hazardous materials vehicles may not participate in the program.
By the last day of the 3-year period beginning on the date of enactment, the Secretary shall
have completed a zero-based review of the need for, and the costs and benefits of, all the
regulations prescribed under this section and section 504 and 31502 to determine whether and to
what extent such regulations should apply to eligible vehicles. Based on this review, and after
notice and opportunity for public comment, the Secretary shall grant such exemptions or modify
or repeal existing regulations to the extent appropriate.
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Exempts drivers transporting agricultural commodities or farm supplies for agricultural purposes
if such transportation is within a 100-air mile radius of the source of the commodities or the
distribution point for the farm supplies and is during the planting and harvesting seasons from
the hours-of-service requirements.
Requires the regulations to permit drivers of vehicles used to transport and operate ground
water well drilling equipment, utility service vehicles and drivers transporting construction
materials, construction finished related products, construction personnel and equipment which
operate within a 50-air mile radius of their normal work reporting location any period of 8
consecutive days to end with the beginning of an off-duty period of 24 or more consecutive hours
for the purposes of determining maximum driving and on-duty time.
This section also permits a State to waive the Commercial Driver's License requirements for
replacement drivers of snow plows in smaller units of local government when the normal operator
is unable to operate the snow plow or if a snow emergency requires additional operators.
The Secretary may conduct a rulemaking to determine whether granting any of these exemptions is
not in the public interest and would have a significant adverse impact on the safety of
commercial motor vehicles. Accordingly, the Secretary may prevent, modify or prevent the
exemptions. Moreover, the Secretary must monitor the safety performance of drivers issued
waivers under this section. If the Secretary determines that safety has been adversely
affected, the Secretary shall report that to Congress.
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Directs the Secretary to implement a one-season pilot program to permit up to five States
flexibility for winter deliveries of home heating oil. The pilot program will occur during the
winter heating season in the 6-month period beginning November 1, 1996. The pilot program will
permit the Secretary to permit States, for the purposes of determining maximum on-duty time for
drivers of intrastate home heating oil deliveries that occur within 100 air miles of a central
terminal or distribution point, to permit any period of 7 or 8 consecutive days to end with the
beginning of an off-duty period of 24 or more consecutive hours. The program requires the
States to meet several safety and enforcement criteria. The Secretary may suspend a State's
participation if a State has not complied with the criteria. After the program is completed,
the Secretary is to review the results to determine whether to authorize States to issue waivers
consistent with this section pursuant to their Motor Carrier Assistance Program (MCSAP)
operations or to amend the regulations to provide flexibility to motor carriers delivering home
heating oil during winter periods.
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By September 30, 1997, the Secretary shall prepare a Report to Congress in cooperation with any
State that raises speed limits above those allowed under the National Maximum Speed Limit
(NMSL), as in effect on September 15, 1995. The report shall cover:
- Costs to States of deaths and injuries resulting from motor vehicle crashes, and
- The benefits associated with the repeal of the NMSL.
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Subsection (a) prohibits the Environmental Protection Agency (EPA) from requiring a State to
utilize a test-only I/M 240 enhanced vehicle emission inspection and maintenance program as a
means of complying with the vehicle inspection and maintenance provisions of the Clean Air Act.
EPA may, however, approve such a program if a State elects to adopt such a program.
Subsection (b) further prohibits EPA from disapproving a State Implementation Plan (SIP) on the
basis of an automatic discounting of the emission reduction credit granted for alternative I/M
programs, either decentralized or test-and-repair programs. EPA is required to grant full
emission reduction credit based on State submitted data for alternative programs to centralized
testing.
Subsection (c) allows States to submit interim programs for consideration within 120 days of
enactment. The EPA Administrator may approve a State proposal, even if the State regulations
have not been finalized during this period, provided that the State has all of the statutory
authority necessary to carry out the program and the program has been proposed as a regulation
by the State. This interim EPA approval expires after a maximum of 18 months. After this
interim period, EPA is required to grant final approval of the program based on the emission
reduction data collected during the interim period. It is expected that proposed credits and
the emission reductions demonstrated through program data may not match exactly. Consequently,
EPA is required to make adjustments to the emission reduction credits based on the information
collected during the interim period.
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Directs the Secretary of the Interior in consultation with the Governor of Virginia to transfer
19 public roads (including 50-feet wide corridor), within the Shenandoah National Park, to the
State of Virginia.
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Allows up to 10 States or multi-State entities to establish transportation infrastructure banks;
the DOT will establish procedures for choosing the participants in the program. The
infrastructure banks may be used to make project loans, enhance credit, subsidize interest
rates, and provide other assistance for eligible highway and transit capital projects. The funds
from the bank may not be used as a grant. The recipients of the assistance can be public and
private entities.
No new Federal-aid funds are provided to capitalize the banks. States entering
into cooperative agreements with the Secretary to establish infrastructure banks may contribute
up to 10% of several categories of their Federal-aid highway and Federal transit funds to
capitalize the bank. Funds attributable to urbanized areas over 200,000 may only be used with
permission of the metropolitan planning organization (MPO) for the area. States must match 25%
(lower for sliding scale States) of the Federal contribution with funds from non-Federal
sources. Federal-aid funds are considered obligated when contributed to the bank.
By March 1, 1997 the Secretary must have reviewed the financial condition of each transportation
infrastructure bank and report to Congress with an evaluation of the pilot program.
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- Section 351(a) Intelligent Transportation Systems.
- Directs the Secretary to ensure that the national Intelligent Transportation Systems (ITS)
program technologies promote railroad-highway grade crossing safety and that two or more
operational tests undertaken with ITS funds are designed to promote highway traffic safety and
railroad safety.
- Section 351(b) Railroad-Highway Grade Crossing Safety, Safety Enforcement
- Directs NHTSA and the Office of Motor Carriers in FHWA to cooperate and work, on a
continuing basis, 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.
The Secretary shall submit to Congress a report by June 1, 1998 indicating how DOT worked with
the entities referred to to (1) 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.
- Section 351(c) Federal-State Partnership
- This subsection is a policy statement that (1) it is in the public interest to promote
grade crossing safety, to reduce the risk at especially hazardous crossings, and to reduce the
number of existing crossings while maintaining reasonable mobility, including emergency access;
(2) effective programs to reduce the number of crossings require cooperation by all involved
government agencies and affected railroads; and (3) highway planning activities to promote a
balanced national transportation system must consider grade crossing safety. This section also
directs the Secretary to encourage each State to make progress toward achieving the purposes of
this section.
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Makes permanent the provision in recent DOT appropriations acts that allows tolls to be
collected only from westbound vehicles on the Verrazano Narrows Bridge in New York.
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- Section 353(a) Signs
- Refers to the State of Oregon’s 1991 experimental “right turn on red without stopping”
sign. This State sign shall be deemed to comply with the requirements of the Department of
Transportation’s Manual on Uniform Traffic Control Devices (MUTCD).
- Section 353(b) Stripes
- Authorizes an exception to the Manual on Uniform Traffic Control Devices to permit the town
of Bristol, Rhode Island, to replace permanently the existing double yellow line (pavement
markings) on its Main Street with a red, white, and blue center line. A red, white, and blue
pavement markings has been used temporarily in the past in conjunction with the town’s
longstanding Fourth of July parade, which is the oldest in the country.
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Permits the State of Rhode Island to convert any State safety rest area adjacent to I-95 that
was closed prior to May 1, 1995, for use as a motor vehicle emissions testing facility. The
State has the option to permit access to and from any such facility directly from the
Interstate.
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This provision excuses the Section 153 of Title 23 transfer penalty, which is triggered for
States not having seat belt laws, for these two States if they can document that their safety
belt use is at least 50% in fiscal years 1995 and 1996, and not less than the national average
thereafter. Further, this provision allows either State 60 days after the date of enactment of
this bill to submit a complying law. If they do so, the State will be deemed in compliance with
the Section 153's safety belt use law requirements on September 30, 1995.
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Allows an increase in the line of credit to the full $120 million authorized by the fiscal year
1995 DOT Appropriations Act for a toll project in Orange County, California. In addition, the
provisions regarding a loan to a second Orange County toll project authorized by the fiscal year
1993 DOT Appropriations Act are to be changed to correspond with the provisions governing the
line of credit authorized by the fiscal year 1995 DOT Appropriations Act.
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Requires the Secretary to prepare and submit to Congress by March 31, 1997, a draft legislative
proposal of necessary technical and conforming amendments to Title 23, United States Code. This
section also repeals section 1066 of the ISTEA, which required the Secretary to prepare and
submit to Congress a draft legislative proposal to recodify Title 23, United States Code.
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- Section 358(a) Older Drivers and Other Special Driver Groups
- Directs the Secretary to conduct a study and demonstration of technologies and practices to
improve the driving performance of older drivers and special user groups. The Secretary shall
implement these activities in those States that have the highest population of aging citizens
for whom driving a motor vehicle is their primary mobility mode and shall enter into a
cooperative agreement with an institution with demonstrated competencies in such areas.
- Section 358(b) Work Zone Safety
- Directs the Secretary, in carrying out the work zone safety program established in the
ISTEA, to utilize a variety of methods to increase safety at highway construction sites,
including conferences, the creation of a national information clearinghouse, and national
promotional campaign and promotion of work site training.
- Section 358(c) Radio and Microwave Technology for Motor Vehicle Safety Warning System
- Directs the Secretary, in consultation with the Federal Communications Commission and the
National Telecommunications and Information Administration, to conduct a study to develop and
evaluate radio and microwave technology for a motor vehicle safety warning system in furtherance
of safety in all types of motor vehicles. The equipment developed will be utilized to warn
motorists of temporary obstructions in a highway, poor visibility and highway surface conditions
caused by adverse weather, and movement of emergency vehicles. The Secretary shall determine
whether this technology has other appropriate safety applications.
- Section 358(d) Effectiveness of Drunk Driving Laws
- Directs the Secretary to conduct a study to evaluate the effectiveness of State drunk
driving laws that allow a health care provider who treats an individual involved in a motor
vehicle crash to report the individual's blood-alcohol content (BAC) to the local law
enforcement agency, when such an individual's BAC is determined to be above the maximum legal
limit permitted under State law.
The conference committee report directs the Secretary to expend not more than $200,000 on each
of the studies required by this section.
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- Section 359(a) Pan American Highway
- The United States has a long history of supporting the development of the Pan American
Highway (PAH). In Central America, the United States funded two-thirds of the construction of
the existing PAH. (In Central America the PAH is also sometimes called the Interamerican
Highway). By treaty, the United States is committed to provide two-thirds of the funding for
the remaining construction of the PAH in the Darien Region between Panama and Colombia. At this
time, the Government of Panama claims that the United States owes them $7 million for completed
construction. Today, the two major issues for the PAH are: completing the Darien Gap and
maintaining the existing roadway.
The NHS legislation requires a study to address three main issues: 1) completing the Darien
Gap; 2) maintaining the existing roadway; 3) considering trade aspects of the PAH.
Specifically, the legislation calls for an examination of the benefits of completing the Darien
Gap highway with special consideration on the environmental impacts related to the project. In
relation to the Pan American Highway in general, the legislation places considerable emphasis on
financing and management. The requested study should make recommendations related to
self-financing arrangements for completion and maintenance of the highway and recommendations on
establishing an “authority” to monitor all aspects of financing, operation, and maintenance of
the PAH. Finally, the requested study will consider trade impacts of the PAH from two
perspectives. First, the study will consider how a more “efficient” road will contribute to
improved trade and increased prosperity for the region. Also, the study will address the U.S.
export potential that would result from showcasing the use of U.S. technology and equipment in
construction and improvement activities on the PAH.
The study is due to Congress within 2 years of enactment of the NHS legislation.
- Section 359(b) Highway Signs for National Highway System
- Directs the Secretary to conduct a study to determine the cost, need, and efficacy of
establishing a highway sign for identifying routes on the National Highway System. In
conducting the study, the Secretary will make a determination concerning whether to identify
National Highway System route numbers. The results of this report shall be forwarded to
Congress no later than March 1, 1997.
- Section 359(c) Compliance With Buy American Act
- Requires the Secretary to conduct a study on compliance with the Buy American Act (41
U.S.C. 10a-10c) with respect to contracts entered into using funds from Highway Trust Fund. The
study appears to be limited to construction contracts procured by the Federal government. The
study must be submitted to Congress within 1-year of the date of enactment of this legislation.
- Section 359(d) Magnetic Levitation
- Requires the Secretary to conduct a study and report to Congress by September 30, 1996 on
the near-term applications of magnetic levitation ground transportation technology in the United
States. The study should identify particular projects that warrant immediate application of the
technology. The conference report identifies three specific projects that the report could
analyze so that Congress can assess how near-term Maglev technology can complement other modes
of transportation. These projects are the connector from New York City to its airports, the
transportation project under development between Baltimore, Maryland, and Washington, DC and
technology transfer efforts underway in Pittsburgh, Pennsylvania. Finally, the study should
address the use of innovative financial techniques for constructing and operating Maglev
projects.
The study is to be conducted in consultation with a committee of 8 persons chosen by the
Secretary. The committee members should have background in magnetic levitation, design and
construction, public and private finance, and infrastructure policy disciplines.
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Presents 12 findings by Congress regarding the Woodrow Wilson Memorial Bridge. These findings
include among other things -- traffic congestion problems in the metropolitan Washington, D.C.
area, an increased traffic projection in future years, the deteriorated condition of the bridge,
the structure's vital importance to the Interstate System and the Northeast corridor, the
Federal Government's construction and ownership of the bridge, the bridge's limited travel
lanes, current project environmental/planning activities, and recommendation that the bridge be
transferred to an independent authority to be established by the Capital Region jurisdictions.
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States the purposes of Title IV "Woodrow Wilson Memorial Bridge," which are to grant
Congressional consent to the involved jurisdictions (Maryland, Virginia, and the District of
Columbia) to establish by interstate agreement or compact the Woodrow Wilson Memorial Bridge
Authority, to authorize the transfer of ownership of the Bridge to the Authority, and to direct
the Secretary to continue working with the involved jurisdictions in project development
activities and to submit a proposed agreement to the Congress by October 1, 1996. The proposed
agreement is to specify the selected alternative, the costs of the Project, the Federal share of
the costs, and the implementation schedule.
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Provides seven definitions that are used in Title IV. These definitions include clarifying,
specific statements defining the terms Authority, Board, Bridge, Capital Region jurisdiction,
Project, Signatory, and Woodrow Wilson Memorial Bridge Coordination Committee. The Capital
Region jurisdiction is defined as the Commonwealth of Virginia, the State of Maryland, and the
District of Columbia. The Authority means the Woodrow Wilson Memorial Bridge Authority
established under section 405 of Title IV.
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Gives Congressional consent to the Capital Region jurisdictions to establish a non-Federal
Authority to assume ownership of the Woodrow Wilson Memorial Bridge and to undertake the
selected Project for the upgrading of the Interstate Route 95 Potomac River crossing. It
requires the execution of an interstate agreement or compact between the Capital Region
jurisdictions, and an agreement between the Secretary of Transportation and the interstate
agreement (or compact) signers as to the Federal share of the cost of the Project and terms and
conditions of the transfer of the bridge.
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Prescribes how the Authority will function including its composition, member qualifications,
personal liability of members, and member residence requirements. It requires that the
Authority be governed by this section and the terms of any interstate agreement or compact
executed. The Authority must be governed by a maximum of 12 members that are appointed by the
Capital Region jurisdictions with 1 member appointed by the Secretary of Transportation. At
least 2 members must be elected officials that represent a jurisdiction located at an end of the
Project. Authority members are not personally liable for actions taken as a member of the Board
or financial obligations of the Authority. Each member must reside within a Capital Region
jurisdiction.
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This section requires that after the execution of the agreement required by subsection (c) of
this section that the Secretary of Transportation transfer to the Authority the ownership of the
Bridge. It provides interim transfer responsibilities until the Project is constructed and is
operational. Other Federal agencies with jurisdiction over the land under and adjacent to the
Bridge are required to transfer their jurisdiction to the Secretary of Transportation for the
purpose of the Project.
This section also addresses the Project agreement execution requirements. The Secretary of
Transportation is to submit to the Congress a proposed agreement by October 1, 1996 that
indicates the Federal share of the Project costs. This section also identifies certain minimum
elements that shall be included in determining the Federal share. A Federal law must be enacted
prior to the Secretary executing the agreement.
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Under this section the Secretary is to work with the Woodrow Wilson Memorial Bridge Coordination
Committee or the Authority to complete all of the Project development activities as soon as
possible. This includes compliance with the NEPA requirements and final design.
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Grants additional powers and responsibilities to the Authority which are needed to carry out the
duties of the Authority related to the owning, constructing, maintaining, and operating of the
bridge or tunnel or the bridge and tunnel. A list of the additional powers and responsibilities
is given, which includes the employment of personnel and agents; the borrowing of money; the
acquiring of property; the collection of tolls; the entering into partnerships with the public
and private sectors; and the entering into contracts and agreements.
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Provides funding for fiscal years 1996 and 1997 for the rehabilitation of the existing Woodrow
Wilson Memorial Bridge. Funds are also provided for environmental studies and documentation;
planning; preliminary engineering and design; and final engineering for a new crossing of the
Potomac River. The funding source is administrative funds deducted under section 104(a) of
title 23. The Federal share of the cost is 100 percent.
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Provides that in addition to the funds made available under section 104(i), funds previously
made available under ISTEA for the rehabilitation of the Bridge shall continue to be available
after ownership of the structure is transferred.
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