SEC. 301. TRAFFIC MONITORING, MANAGEMENT, AND CONTROL ON NHS.
(a) ELIGIBILITY- Section 103(i) of title 23, United States Code, is amended by striking
paragraph (8) and inserting the following:
`(8) Capital and operating costs for traffic monitoring, and control management,
facilities and programs.'.
(b) DEFINITIONS- Section 101(a) of such title is amended--
(1) in the undesignated paragraph relating to the term `project' by inserting before
the period at the end the following: `or any other undertaking eligible for assistance under
this title'; and
(2) by striking the undesignated paragraph relating to the term `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, such as integrated traffic control systems ,
incident management programs, and traffic control centers.'.
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SEC. 302. TRANSFERABILITY OF APPORTIONMENTS.
The third sentence of section 104(g) of title 23, United States Code, is amended by
striking `40 percent' and inserting `50 percent'.
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SEC. 303. QUALITY IMPROVEMENT.
(a) LIFE-CYCLE COST ANALYSIS- Section 106 of title 23, United States Code, is amended by
adding at the end the following:
`(e) LIFE-CYCLE COST ANALYSIS-
`(1) ESTABLISHMENT- The Secretary shall establish a program to require States to
conduct an analysis of the life-cycle costs of each usable project segment on the National
Highway System with a cost of $25,000,000 or more.
`(2) ANALYSIS OF THE LIFE-CYCLE COSTS DEFINED- In this subsection, the term `analysis
of the life-cycle costs' means a process for evaluating the total economic worth of a usable
project segment by analyzing initial costs and discounted future costs, such as maintenance,
reconstruction, rehabilitation, restoring, and resurfacing costs, over the life of the project
segment.'.
(b) VALUE ENGINEERING- Such section is further amended by adding at the end the following:
`(f) VALUE ENGINEERING FOR NHS-
`(1) REQUIREMENT- The Secretary shall establish a program to require States to carry
out a value engineering analysis for all projects on the National Highway System with an
estimated total cost of $25,000,000 or more.
`(2) VALUE ENGINEERING DEFINED- In this subsection, the term `value engineering
analysis' means a systematic process of review and analysis of a project during its design
phase by a multidisciplined team of persons not involved in the project in order to provide
suggestions for reducing the total cost of the project and providing a project of equal or
better quality. Such suggestions may include combining or eliminating otherwise inefficient or
expensive parts of the original proposed design for the project and total redesign of the
proposed project using different technologies, materials, or methods so as to accomplish the
original purpose of the project.'.
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SEC. 304. 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 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) may 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) access for other modes of transportation.
`(2) DEVELOPMENT OF CRITERIA- The Secretary, in cooperation with State highway
departments, may develop criteria to implement paragraph (1). In developing criteria under this
paragraph, the Secretary shall consider the results of the committee process of the American
Association of State Highway and Transportation Officials as used in adopting and
publishing `A Policy on Geometric Design of Highways and Streets', including comments
submitted by interested parties as part of such process.'; and
(3) by striking subsection (q) and inserting the following:
`(q) 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).'.
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SEC. 305. 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 each
pollutant 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 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.'.
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SEC. 306. MOTORIST CALL BOXES.
Section 111 of title 23, United States Code, is amended by adding at the end the
following:
`(c) MOTORIST CALL BOXES-
`(1) IN GENERAL- Notwithstanding subsection (a), a State may permit the placement of
motorist call boxes on rights-of-way of the National Highway System. Such motorist call
boxes may include the identification and sponsorship logos of such call boxes.
`(A) APPROVAL BY STATE AND LOCAL AGENCIES- All call box installations displaying
sponsorship logos under this subsection shall be approved by the highway agencies having
jurisdiction of the highway on which they are located.
`(B) SIZE ON BOX- A sponsorship logo may be placed on the call box in a dimension
not to exceed the size of the call box or a total dimension in excess of 12 inches by 18 inches.
`(C) SIZE ON IDENTIFICATION SIGN- Sponsorship logos in a dimension not to exceed
12 inches by 30 inches may be displayed on a call box identification sign affixed to the call
box post.
`(D) SPACING OF SIGNS- Sponsorship logos affixed to an identification sign on a
call box post may be located on the rights-of-way at intervals not more frequently than 1 per
every 5 miles.
`(E) DISTRIBUTION THROUGHOUT STATE- Within a State, at least 20 percent of the
call boxes displaying sponsorship logos shall be located on highways outside of urbanized
areas with a population greater than 50,000.
`(3) NONSAFETY HAZARDS- 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 requirements deemed necessary by the Secretary to assure that the call boxes shall not be
a safety hazard to motorists.'.
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SEC. 307. 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:
`(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, Code of Federal Regulations.
`(D) INDIRECT COST RATES- Instead 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.
`(E) APPLICATION OF RATES- Once a firm's indirect cost rates are accepted under
this paragraph, the recipient of the 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.
`(F) PRENOTIFICATION; CONFIDENTIALITY OF DATA- A recipient of funds requesting or
using the cost and rate data described in subparagraph (E) 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 paragraph, except by written permission of the audited
firm. If prohibited by law, such cost and rate data shall not be disclosed under any
circumstances.
`(G) STATE OPTION- Subparagraphs (C), (D), (E), and (F) shall take effect 1 year
after the date of the enactment of this subparagraph; except that if a State, during such 1-year
period, 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, such subparagraphs shall not apply with respect to the
State. If the Secretary determines that the legislature of the State did not convene and adjourn
a full regular session during such 1-year period, the Secretary may extend such 1-year period
until the adjournment of the next regular session of the legislature.'.
(b) REPEAL OF PILOT PROGRAM- Section 1092 of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 112 note; 105 Stat. 2024) is repealed.
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SEC. 308. LIMITATION ON ADVANCE CONSTRUCTION.
Section 115(d) of title 23, United States Code, is amended to read as follows:
`(d) INCLUSION IN TRANSPORTATION IMPROVEMENT PROGRAM- The Secretary may approve an
application for a project under this section only if the project is included in the
transportation improvement program of the State developed under section 135(f).'.
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SEC. 309. 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 useful life of a
Federal-aid highway .'.
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SEC. 310. FEDERAL SHARE.
(a) SAFETY REST AREAS- Section 120(c) of title 23, United States Code, is amended--
(1) by inserting `safety rest areas,' after `signalization,'; and
(2) by adding at the end the following: `In this subsection, the term `safety rest
area' means an area where motor vehicle operators can park their vehicles and rest, where food,
fuel, and lodging services are not available, and that is located on a segment of highway
with respect to which the Secretary determines there is a shortage of public and private areas
at which motor vehicle operators can park their vehicles and rest.'.
(b) BICYCLE TRANSPORTATION FACILITIES AND PEDESTRIAN WALKWAYS- Section 217(f) of such
title is amended by striking `80 percent' and inserting `determined in accordance with section
120(b)'.
(c) ECONOMIC GROWTH CENTER DEVELOPMENT HIGHWAYS - Section 1021(c) of the Intermodal
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 120 note), as amended by section
417 of the Department of Transportation and Related Agencies Appropriations Act , 1993 (106
Stat. 1565), is amended--
(1) by striking `and' at the end of clause (2) and inserting `or'; and
(2) in clause (3) by striking `section 143 of title 23' and inserting `a project for
construction, reconstruction, or improvement of a development highway under section 143 of
such title on a Federal-aid system (other than the Interstate System), as such system was
described in section 103 of such title on the day before the date of the enactment of this Act
'.
(d) NORTHWEST ARKANSAS REGIONAL AIRPORT CONNECTOR- Notwithstanding any other provision of
law, the Federal share of the cost of the project to construct a highway to the Northwest
Arkansas Regional Airport from United States Route 71 in Arkansas shall be 95 percent.
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SEC. 311. 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
or a public authority, the proceeds of which are used for an eligible 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 and reimburse a public authority for expenses and costs incurred by the public authority
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 or public authority under
subsection (b) with respect to a project funded by an eligible debt financing instrument after
the State or public authority has complied with this title with respect to the project 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 Federal share of the cost of the project as determined under section 120.
`(e) STATUTORY CONSTRUCTION- Notwithstanding any other provision of law, the eligibility
of an eligible debt financing instrument for reimbursement under subsection (b) 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 relating
to the term `construction' of section 101(a) of such title is amended by inserting `bond costs
and other costs relating to the issuance in accordance with section 122 of bonds or other debt
financing instruments,' after `highway , including'.
(c) CONFORMING AMENDMENT- The analysis for chapter 1 of such title 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.'.
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SEC. 312. VEHICLE WEIGHT AND LONGER COMBINATION VEHICLES EXEMPTIONS.
(1) 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 Route 29 between Sioux City, Iowa, and the
border between Iowa and South Dakota or vehicles using Interstate Route 129 between Sioux City,
Iowa, and the border between Iowa and Nebraska, and except for those'.
(2) LONGER COMBINATION VEHICLES- Section 127(d)(1) of such title 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 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 or Interstate Route 129 between Sioux
City, Iowa, and the border between Iowa and Nebraska.'.
(3) PROPERTY-CARRYING UNIT LIMITATION- Section 31112(c) of title 49, United States
Code, is amended--
(A) in the subsection heading by striking `AND ALASKA' and inserting `ALASKA, AND
IOWA';
(B) by striking `and' at the end of paragraph (2);
(C) by striking the period at the end of paragraph (3) and inserting `; and'; and
(D) by adding at the end the following:
`(4) Iowa may allow the operation on Interstate Route 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 of commercial motor vehicle combinations with trailer
length, semitrailer length, and property-carrying unit length allowed by law or regulation and
in actual lawful operation on a regular or periodic basis (including continued seasonal
operation) in South Dakota or Nebraska, respectively, before June 2, 1991.'.
(b) APPLICABILITY OF CERTAIN VEHICLE WEIGHT LIMITATIONS IN WISCONSIN- Section 127 of such
title 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 the enactment of
this subsection.'.
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SEC. 313. TOLL ROADS.
(a) FEDERAL SHARE FOR HIGHWAYS , BRIDGES, AND TUNNELS- Section 129(a)(5) of title 23,
United States Code, is amended to read as follows:
`(5) LIMITATION ON FEDERAL SHARE- The Federal share payable for a project described in
paragraph (1) shall be a percentage determined by the State but not to exceed 80 percent.'.
(b) LOAN PROGRAM- Section 129(a)(7) of title 23, United States Code, is amended to read as
follows:
`(A) IN GENERAL- A State may loan to a public or private entity constructing or
proposing to construct under this section a toll facility or non-toll facility with a dedicated
revenue source an amount equal to all or part of the Federal share of the cost of the project if
the project has a revenue source specifically dedicated to it. Dedicated revenue sources for
non-toll facilities include excise taxes, sales taxes, motor vehicle use fees, tax on real
property, tax increment financing, and such other dedicated revenue sources as the Secretary
determines appropriate.
`(B) COMPLIANCE WITH FEDERAL LAWS- As a condition of receiving a loan under this
paragraph, the public or private entity that receives the loan shall ensure that the project
will be carried out in accordance with this title and any other applicable Federal law,
including any applicable provision of a Federal environmental law.
`(C) SUBORDINATION OF DEBT- The amount of any loan received for a project under
this paragraph may be subordinated to any other debt financing for the project.
`(D) OBLIGATION OF FUNDS LOANED- Funds loaned under this paragraph may only be
obligated for projects under this paragraph.
`(E) REPAYMENT- The repayment of a loan made under this paragraph shall commence
not later than 5 years after date on which the facility that is the subject of the loan is open
to traffic.
`(F) TERM OF LOAN- The term of a loan made under this paragraph shall not exceed
30 years from the date on which the loan funds are obligated.
`(G) INTEREST- A loan made under this paragraph shall bear interest at or below
market interest rates, as determined by the State, to make the project that is the subject of
the loan feasible.
`(H) REUSE OF FUNDS- Amounts repaid to a State from a loan made under this
paragraph may be obligated--
`(i) for any purpose for which the loan funds were available under this title;
and
`(ii) for the purchase of insurance or for use as a capital reserve for other
forms of credit enhancement for project debt in order to improve credit market access or to
lower interest rates for projects eligible for assistance under this title.
`(I) GUIDELINES- The Secretary shall establish procedures and guidelines for
making loans under this paragraph.'.
(c) FERRY BOATS AND TERMINAL FACILITIES- Section 129(c)(5) of such title is amended--
(1) by inserting before the period at the end of the first sentence the following: `or
between a point in a State and a point in the Dominion of Canada'; and
(2) in the second sentence--
(A) by striking `Hawaii and' and inserting `Hawaii,'; and
(B) by inserting after `Puerto Rico' the following: `, operations between a point
in a State and a point in the Dominion of Canada,'.
(d) 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), 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 such title.
(e) 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 shall modify the agreement entered into with the
transportation department of the State under section 129(a)(3) of such 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.
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SEC. 314. SCENIC BYWAYS.
Section 131(s) of title 23, United Sates Code, is amended by adding at the end the
following: `In designating a scenic byway for purposes of this section and section 1047 of
the Intermodal Surface Transportation Efficiency Act of 1991, a State may exclude from such
designation any segment of a highway that is inconsistent with the State's criteria
for designating State scenic byways. Nothing in the preceding sentence shall preclude a
State from signing any such excluded segment, including such segment on a map, or carrying out
similar activities, solely for purposes of system continuity.'.
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SEC. 315. 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.
`(C) ACQUISITIONS ON BEHALF OF RECIPIENTS OF FEDERAL FUNDS- If a qualified
organization described in subparagraph (A) has contracted with a State highway department
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.'.
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SEC. 316. STREAMLINING FOR TRANSPORTATION ENHANCEMENT PROJECTS.
Section 133(e) of title 23, United States Code, is amended--
(A) by striking `(3) PAYMENTS- The' and inserting the following:
`(A) IN GENERAL- Except as provided in subparagraph (B), the';
(B) by moving the remainder of the text of subparagraph (A), as designated by
subparagraph (A) of this paragraph, 2 ems to the right; and
(C) 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 Secretary, 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 such Act (16 U.S.C. 470f); and
`(ii) the regulations of the Advisory Council on Historic Preservation.'.
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SEC. 317. METROPOLITAN PLANNING FOR HIGHWAY PROJECTS.
Section 134(f) of title 23, United States Code, is amended by adding at the end the
following:
`(16) Recreational travel and tourism.'.
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SEC. 318. 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.'.
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SEC. 319. 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 `if the project or program is for an area in the State that was
designated as a nonattainment area under section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)) during any part of fiscal year 1994 and' after `program' the second place it
appears; and
(B) in paragraph (1)(A) by striking `contribute' and all that follows through `;
or' and inserting the following: `contribute to--
`(i) the attainment of a national ambient air quality standard; or
`(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 such title 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'.
(b) TRAFFIC MONITORING, MANAGEMENT, AND CONTROL FACILITIES AND PROGRAMS- The first
sentence of section 149(b) of title 23, United States Code, is amended--
(1) by striking `or' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and inserting a semicolon; 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; or'.
(c) EFFECT OF LIMITATION ON APPORTIONMENT- Notwithstanding any other provision of law, for
each of fiscal years 1996 and 1997, the amendments made by subsection (a) shall not affect any
apportionment adjustments under section 1015 of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 1943).
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SEC. 320. OPERATION OF MOTOR VEHICLES BY INTOXICATED MINORS.
(a) IN GENERAL- Chapter 1 of title 23, United States Code, is amended by adding at the end
the following:
`Sec. 161. Operation of motor vehicles by intoxicated minors
`(a) WITHHOLDING OF APPORTIONMENTS FOR NONCOMPLIANCE-
`(1) FISCAL YEAR 1999- The Secretary shall withhold 5 percent of the amount required
to be apportioned to any State under each of paragraphs (1), (3), and (5)(B) of section 104(b)
on October 1, 1998, if the State does not meet the requirement of paragraph (3) on that date.
`(2) THEREAFTER- The Secretary shall withhold 10 percent (including any amounts
withheld under paragraph (1)) of the amount required to be apportioned to any State under each
of paragraphs (1), (3), and (5)(B) of section 104(b) on October 1, 1999, and on October 1 of
each fiscal year thereafter, if the State does not meet the requirement of paragraph (3) on that
date.
`(3) REQUIREMENT- A State meets the requirement of this paragraph if the State has
enacted and is enforcing a law that considers an individual under the age of 21 who has a blood
alcohol concentration of 0.02 percent or greater while operating a motor vehicle in the State to
be driving while intoxicated or driving under the influence of alcohol.
`(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLIANCE AND NONCOMPLIANCE-
`(1) PERIOD OF AVAILABILITY OF WITHHELD FUNDS-
`(A) FUNDS WITHHELD ON OR BEFORE SEPTEMBER 30, 2000- Any funds withheld under
subsection (a) from apportionment to any State on or before September 30, 2000, shall remain
available until the end of the third fiscal year following the fiscal year for which the funds
are authorized to be appropriated.
`(B) FUNDS WITHHELD AFTER SEPTEMBER 30, 2000- No funds withheld under this section
from apportionment to any State after September 30, 2000, shall be available for apportionment
to the State.
`(2) APPORTIONMENT OF WITHHELD FUNDS AFTER COMPLIANCE- If, before the last day of the
period for which funds withheld under subsection (a) from apportionment are to remain available
for apportionment to a State under paragraph (1), the State meets the requirement of subsection
(a)(3), the Secretary shall, on the first day on which the State meets the requirement,
apportion to the State the funds withheld under subsection (a) that remain available for
apportionment to the State.
`(3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY APPORTIONED FUNDS- Any funds apportioned
pursuant to paragraph (2) shall remain available for expenditure until the end of the third
fiscal year following the fiscal year in which the funds are so apportioned. Sums not obligated
at the end of that period shall lapse.
`(4) EFFECT OF NONCOMPLIANCE- If, at the end of the period for which funds withheld
under subsection (a) from apportionment are available for apportionment to a State under
paragraph (1), the State does not meet the requirement of subsection (a)(3), the funds shall
lapse.'.
(b) CONFORMING AMENDMENT- The analysis of such chapter is amended by adding at the end the
following:
`161. Operation of motor vehicles by intoxicated minors.'.
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SEC. 321. UTILIZATION OF THE PRIVATE SECTOR FOR SURVEYING AND MAPPING
SERVICES.
Section 306 of title 23, United States Code, is amended--
(1) by inserting `(a) IN GENERAL- ' before `In'; and
(2) by adding at the end the following:
`(b) GUIDANCE- The Secretary shall issue guidance to encourage States to utilize, to the
maximum extent practicable, private sector sources for surveying and mapping services for
projects under this title. In carrying out this subsection, the Secretary shall recommend
appropriate roles for State and private mapping and surveying activities, including--
`(1) preparation of standards and specifications;
`(2) research in surveying and mapping instrumentation and procedures and technology
transfer to the private sector;
`(3) providing technical guidance, coordination, and administration of State surveying
and mapping activities; and
`(4) recommending methods for increasing the use by the States of private sector
sources for surveying and mapping activities.'.
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SEC. 322. DONATIONS OF FUNDS, MATERIALS, OR SERVICES FOR FEDERALLY
ASSISTED PROJECTS.
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 a project eligible for assistance under this title. In the case of such a
project 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 project by the State highway department shall be credited against
the State share.'.
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SEC. 323. DISCOVERY AND ADMISSION AS EVIDENCE OF CERTAIN REPORTS AND
SURVEYS.
Section 409 of title 23, United States Code, is amended by inserting `or collected' after
`compiled'.
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SEC. 324. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.
(a) TECHNICAL AMENDMENT- Section 410(d)(1)(E) of title 23, United States Code, is amended
by striking `the date of enactment of this section' and inserting `December 18, 1991'.
(b) BASIC GRANT ELIGIBILITY- Section 410(d) of such title is amended--
(A) by inserting `(A)' after `(3)'; and
(B) by adding at the end the following:
`(B) A State shall be treated as having met the requirement of this paragraph if--
`(i) the State provides to the Secretary a written certification that the highest
court of the State has issued a decision indicating that implementation of subparagraph (A)
would constitute a violation of the constitution of the State; and
`(ii) the State demonstrates to the satisfaction of the Secretary that--
`(I) the alcohol fatal crash involvement rate in the State has decreased in
each of the 3 most recent calendar years for which statistics for determining such rate are
available; and
`(II) the alcohol fatal crash involvement rate in the State has been lower
than the average such rate for all States in each of such calendar years.'; and
(2) by adding at the end the following:
`(7) Any individual under age 21 with a blood alcohol concentration of 0.02 percent or
greater when driving a motor vehicle shall be deemed to be driving while intoxicated or driving
under the influence of alcohol.'.
(c) SUPPLEMENTAL GRANTS- Section 410(f) of such title is amended by striking paragraph (1)
and redesignating paragraphs (2) through (7) as paragraphs (1) through (6), respectively.
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SEC. 325. REFERENCES TO COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE.
(a) RAILWAY-HIGHWAY CROSSINGS REPORT- The third sentence of section 130(g) of title
23, United States Code, is amended by striking `Committee on Public Works and Transportation'
and inserting `Committee on Transportation and Infrastructure'.
(b) HIGHWAY BRIDGE REPLACEMENT AND REHABILITATION REPORT- Section 144(i)(1) of such
title is amended by striking `Committee on Public Works and Transportation' and inserting
`Committee on Transportation and Infrastructure'.
(c) HAZARD ELIMINATION REPORT- The third sentence of section 152(g) of such title is
amended by striking `Committee on Public Works and Transportation' and inserting `Committee on
Transportation and Infrastructure'.
(d) RESEARCH REPORTS- Subsections (d)(5), (e)(11), and (h) of section 307 of such title
are each amended by striking `Committee on Public Works and Transportation' and inserting
`Committee on Transportation and Infrastructure'.
(e) CONGESTION PRICING PILOT PROGRAM REPORT- Section 1012(b)(5) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) is amended by
striking `Committee on Public Works and Transportation' and inserting `Committee on
Transportation and Infrastructure'.
(f) MOTOR FUEL TAX ENFORCEMENT REPORT- Section 1040(d)(1) of such Act (23 U.S.C. 101
note; 105 Stat. 1992) is amended by striking `Committee on Public Works and Transportation' and
inserting `Committee on Transportation and Infrastructure'.
(g) ALLOCATION FORMULA STUDY- Section 1098(b) of such Act (23 U.S.C. 104 note; 105
Stat. 2025) is amended by striking `these committees as they' and inserting `the Committee on
Environment and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives as the committees'.
(h) NATIONAL RECREATIONAL TRAILS REPORT- Section 1303(i) of such Act (16 U.S.C.
1262(i)) is amended by striking `Committee on Public Works and Transportation' and inserting
`Committee on Transportation and Infrastructure'.
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SEC. 326. PUBLIC TRANSIT VEHICLES EXEMPTION.
Section 1023(h)(1) of the Intermodal Surface Transportation Efficiency Act of 1991
(23 U.S.C. 127 note) is amended--
(1) by striking `2-year' the first place it appears and all that follows through `Act
,' and inserting `period beginning on October 6, 1992, and ending on the date on which
Federal-aid highway and transit programs are reauthorized after the date of the enactment
of the National Highway System Designation Act of 1995,'; and
(2) by striking the second sentence.
Section by Section Analysis
SEC. 327. USE OF RECYCLED PAVING MATERIAL.
Section 1038 of the Intermodal Surface Transportation Efficiency Act of 1991 (23
U.S.C. 109 note; 105 Stat. 1987-1990), as amended by section 205(b) of this Act , is
amended--
(1) by inserting before subsection (e) the following:
`(d) ASPHALT PAVEMENT CONTAINING RECYCLED RUBBER-
`(1) CRUMB RUBBER MODIFIER RESEARCH- Not later than 180 days after the date of the
enactment of the National Highway System Designation Act of 1995, the Secretary 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 Secretary may make grants to States to develop programs to
use crumb rubber from scrap tires to modify asphalt pavements.
`(B) USE OF GRANT FUNDS- Grant funds made available to States under this paragraph
shall 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'.
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SEC. 328. ROADSIDE BARRIER TECHNOLOGY.
Section 1058 of the Intermodal Surface Transportation Efficiency Act of 1991 (23
U.S.C. 109 note; 105 Stat. 2003) is amended--
(A) by striking `median' and inserting `or temporary crashworthy'; and
(B) by inserting `crashworthy' after `innovative'; and
(A) in the subsection heading by inserting `CRASHWORTHY' after `INNOVATIVE';
(B) by inserting `crashworthy' after `innovative';
(C) by striking `median';
(D) by inserting `or guiderail' after `guardrail'; and
(E) by inserting before the period at the end the following: `, and that meets or
surpasses the requirements of the National Cooperative Highway Research Program 350
for longitudinal barriers'.
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SEC. 329. CORRECTIONS TO MISCELLANEOUS AUTHORIZATIONS.
(a) GOWANUS EXPRESSWAY CORRIDOR, NEW YORK- Section 1069(ee) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2011) is amended by adding at the end the
following: `In carrying out such improvements, the State of New York shall consider the economic
and social impacts of the project on the neighboring community.'.
(b) NEW YORK CITY, NEW YORK- Section 1069(gg) of such Act (105 Stat. 2011) is amended
to read as follows:
`(gg) INTERMODAL FACILITIES, NEW YORK-
`(1) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry
out this subsection $150,000,000 for fiscal years beginning after September 30, 1995, for--
`(A) design and construction of the Whitehall Street Ferry Terminals in New
York, New York;
`(B) completion of construction of the Oak Point Link in the Harlem River in New
York, New York;
`(C) 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
`(D) necessary improvements to and redevelopment of Pennsylvania Station and
associated service buildings in New York, New York.
Such sums shall remain available until expended.
`(2) ALLOCATION OF FUNDS- Of the amounts made available under paragraph (1)--
`(A) not to exceed $50,000,000 may be used to carry out paragraph (1)(A); and
`(B) not to exceed $10,000,000 may be used to carry out paragraph (1)(B).'.
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SEC. 330. CORRECTIONS TO HIGH COST BRIDGE PROJECTS.
The table contained in section 1103(b) of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2027-2028) is amended--
(1) in item number 2, relating to Eugene, Oregon--
(A) by striking `Construction' and inserting `Design , right-of-way
acquisition, and construction'; and
(B) by inserting `, including pedestrian, bicycle, and vehicle approach roadways,
intersections, signalization, and structural bridge changes, and related structures between East
Broadway and Oakway Road' after `Bridge';
(2) in item 5, relating to Gloucester Point, Virginia, by inserting after `York River'
the following: `and for repair, strengthening, and rehabilitation of the existing bridge'; and
(3) in item 10, relating to Shakopee, Minnesota, by inserting `project, including the
bypass of' after `replacement'.
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SEC. 331. CORRECTIONS TO CONGESTION RELIEF PROJECTS.
The table contained in section 1104(b) of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2029-2031) is amended--
(1) in item 1, relating to Long Beach, California, by striking `HOV Lanes on' and
inserting `downtown Long Beach access ramps into the southern terminus of';
(2) in item 10, relating to San Diego, California, by striking `1 block of Cut and
Cover Tunnel on Rt. 15' and inserting `bridge decking on Route 15';
(3) in item 23, relating to Tucson, Arizona, by inserting `, of which a total of
$3,609,620 shall be available for the project authorized by item 74 of the table contained in
section 1106(b)' after `in Tucson, Arizona';
(4) in item 38, relating to New York, New York, by striking `Construction' and all
that follows through `Bypass' and inserting the following: `Whitehall Street ferry terminals';
and
(5) in item 43, relating to West Virginia, by striking `Coal Fields' and inserting
`Coalfields'.
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SEC. 332. HIGH PRIORITY CORRIDORS.
(a) IDENTIFICATION OF HIGH PRIORITY CORRIDORS-
(1) IN GENERAL- Section 1105(c) of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2032) is amended--
(A) by inserting before the period at the end of paragraph (3) the following:
`commencing on the Atlantic Coast in the Hampton Roads area going westward across Virginia to
the vicinity of Lynchburg, Virginia, continuing west to serve Roanoke and then to a West
Virginia corridor centered around Beckley to Welch as part of the Coalfields Expressway
described in section 1069(v), then to Williamson sharing a common corridor with the I-73/74
Corridor (referred to in item 12 of the table contained in subsection (f)), then to a Kentucky
Corridor centered on the cities of Pikeville, Jenkins, Hazard, London, Somerset, Columbia,
Bowling Green, Hopkinsville, Benton, and Paducah, into Illinois, and into Missouri and exiting
western Missouri and moving westward across southern Kansas';
(B) 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. The Sault Ste. Marie terminus shall be reached via a
corridor connecting Adrian, Jackson, Lansing, Mount Pleasant, and Grayling, 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.';
(ii) by inserting `Mississippi, Arkansas,' after `Tennessee,';
(iii) by inserting after `Texas' the following: `, and to the Lower Rio Grande
Valley at the border between the United States and Mexico; and
(iv) by inserting before the period at the end the following: `, and to
include the Corpus Christi Northside Highway and Rail Corridor from the existing
intersection of United States Route 77 and Interstate Route 37 to United States Route 181,
including FM511 from United States Route 77 to the Port of Brownsville'; and
(D) 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.
`(26) The CANAMEX Corridor from Nogales, Arizona, through Las Vegas, Nevada, to Salt
Lake City, Utah, to Idaho Falls, Idaho, to Montana, to the Canadian Border as follows:
`(A) In the State of Arizona, the CANAMEX Corridor shall generally follow--
`(i) I-19 from Nogales to Tucson;
`(ii) I-10 from Tucson to Phoenix; and
`(iii) United States Route 93 in the vicinity of Phoenix to the Nevada Border.
`(B) In the State of Nevada, the CANAMEX Corridor shall follow--
`(i) United States Route 93 from the Arizona Border to Las Vegas; and
`(ii) I-15 from Las Vegas to the Utah Border.
`(C) From the Utah Border through Montana to the Canadian Border, the CANAMEX
Corridor shall follow I-15.
`(27) The Camino Real Corridor from El Paso, Texas, to Denver, Colorado, as follows:
`(A) In the State of Texas, the Camino Real Corridor shall generally follow--
`(i) arterials from the international ports of entry to I-10 in El Paso
County; and
`(ii) I-10 from El Paso County to the New Mexico border.
`(B) In the State of New Mexico, the Camino Real Corridor shall generally follow--
`(i) I-10 from the Texas Border to Las Cruces; and
`(ii) I-25 from Las Cruces to the Colorado Border.
`(C) In the State of Colorado, the Camino Real Corridor shall generally follow
I-25 from the New Mexico border to Denver continuing to the Wyoming border.
`(D) In the State of Wyoming, the Camino Real Corridor shall generally follow--
`(i) I-25 north to join with I-90 at Buffalo; and
`(ii) I-90 to the Montana border.
`(E) In the State of Montana, the Camino Real Corridor shall generally follow--
`(i) I-90 to Billings; and
`(ii) Montana Route 3, United States Route 12, United States Route 191, United
States Route 87, to I-15 at Great Falls; and
`(iii) I-15 from Great Falls to the Canadian border.
`(28) The Birmingham Northern Beltline beginning at I-59 in the vicinity of
Trussville, Alabama, and traversing westwardly intersecting with United States Route 75, United
States Route 79, and United States Route 31; continuing southwestwardly intersecting United
States Route 78 and terminating at I-59 with the I-459 interchange.
`(29) The Coalfields Expressway beginning at Beckley, West Virginia, to Pound,
Virginia, generally following the corridor defined as State Routes 54, 97, 10, 16, and 83.'.
(2) INCLUSION OF CERTAIN ROUTE SEGMENTS ON INTERSTATE SYSTEM- Section 1105(e) of such
Act (105 Stat. 2033) is amended by adding at the end the following:
`(5) INCLUSION OF CERTAIN ROUTE SEGMENTS ON INTERSTATE SYSTEM-
`(A) IN GENERAL- The portions of the routes referred to in clauses (i), (ii), and
(iii) of subsection (c)(5)(B), in subsection (c)(9), and in subsections (c)(18) and (c)(20) that
are not a part of the Interstate System are designated as future parts of the Interstate
System. Any segment of such routes shall become a part of the Interstate System at such time as
the Secretary determines that the segment--
`(i) meets the Interstate System design standards approved by the
Secretary under section 109(b) of title 23, United States Code; and
`(ii) connects to an existing Interstate System segment.
The portion of the route referred to in subsection (c)(9) is designated as
Interstate Route I-99.
`(B) TREATMENT OF SEGMENTS- Subject to subparagraph (C), segments designated
as part of the Interstate System by this paragraph and the mileage of such segments shall be
treated in the manner described in the last 2 sentences of section 139(a) of title 23, United
States Code.
`(i) GENERAL RULE- Funds apportioned under section 104(b)(5)(A) of title 23,
United States Code, may be used on a project to construct a portion of a route referred to in
this paragraph to standards set forth in section 109(b) of such title if the State determines
that the project for which the funds were originally apportioned is unreasonably delayed or no
longer viable.
`(ii) LIMITATION- If funds apportioned under section 104(b)(5)(A) of title 23,
United States Code, for completing a segment of the Interstate System are used on a project
pursuant to this subparagraph, no interstate construction funds may be made available, after the
date of the enactment of this paragraph, for construction of such segment.'.
(1) EVACUATION ROUTES FOR LOUISIANA COASTAL AREAS- Section 1105(e)(2) of such Act
(105 Stat. 2033) is amended by adding at the end the following: `A feasibility study may be
conducted under this paragraph to identify routes that will expedite future emergency
evacuations of coastal areas of Louisiana.'.
(2) EAST-WEST TRANSAMERICA CORRIDOR- With amounts available to the Secretary under
section 1105(h) of the Intermodal Surface Transportation Efficiency Act of 1991, the
Secretary in cooperation with the States of Virginia and West Virginia shall conduct a study to
determine the feasibility of establishing a route for the East-West Transamerica Corridor
(designated pursuant to section 1105(c)(3) of such Act ) from Beckley, West Virginia,
utilizing a corridor entering Virginia near the city of Covington then moving south from the
Allegheny Highlands to serve Roanoke and continuing east to Lynchburg. From there such route
would continue across Virginia to the Hampton Roads area.
(c) CORRECTIONS TO PROJECTS- The table contained in section 1105(f) of such Act (105
Stat. 2033-2035) is amended--
(1) in item 1, relating to Pennsylvania, by inserting after `For' the following: `the
segment described in item 6 of this table and up to $11,000,000 for';
(2) in item 2, relating to Alabama, Georgia, Mississippi, Tennessee, by inserting
after `Rt. 72' the following: `and up to $1,500,000 from the State of Alabama's share of the
project for modification of the Keller Memorial Bridge in Decatur, Alabama, to a pedestrian
structure';
(3) in item 21, relating to Louisiana, by inserting after `Shreveport, Louisiana'
insert the following: `, and up to $6,000,000 for surface transportation projects in Louisiana,
including $4,500,000 for the I-10 and I-610 project in Jefferson Parish, Louisiana, in the
corridor between the St. Charles Parish line and Tulane Avenue, $500,000 for noise analysis and
safety abatement measures or barriers along the Lakeview section of I-610 in New Orleans, and
$1,000,000 for 3 highway studies (including $250,000 for a study to widen United States
Route 84/Louisiana Route 6 traversing north Louisiana, $250,000 for a study to widen Louisiana
Route 42 from United States Route 61 to Louisiana Route 44 and extend to I-10 in East Ascension
Parish, and $500,000 for a study to connect I-20 on both sides of the Ouachita River)'; and
(4) in item 26, relating to Indiana, Kentucky, Tennessee, by striking `Newberry' and
inserting `Evansville'.
(d) COALFIELDS EXPRESSWAY DESCRIPTION- The first sentence of section 1069(v) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2010) is amended by
striking `93' and inserting the following: `83, and from the West Virginia-Virginia State line
generally following Route 83 to Pound, Virginia.'.
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SEC. 333. CORRECTIONS TO RURAL ACCESS PROJECTS.
The table contained in section 1106(a)(2) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2037-2042) is amended--
(1) in item 18, relating to Louisiana, by inserting after `in Louisiana' the
following: `and for Zachary Taylor Parkway, Alexandria to Bogalusa, Louisiana, to I-59 in
Mississippi not to exceed $1,000,000';
(2) in item 34, relating to Illinois, by striking `Resurfacing' and all that follows
through `Omaha' and inserting `Bel-Air Road improvement from south of Carmi to State Route 141
in southeastern White County';
(3) in item 52, relating to Bedford Springs, Pennsylvania, by striking `and
Huntington' and inserting `Franklin, and Huntingdon';
(4) in item 61, relating to Lubbock, Texas, by striking `with Interstate 20' and
inserting `with Interstate 10 through Interstate 20 and Interstate 27 north of Amarillo to the
border between Texas and Oklahoma';
(5) in item 71, relating to Chautauqua County, New York, by inserting `and other
improvements' after `expressway lanes';
(6) in item 75, relating to Pennsylvania, by striking `Widen' and all that follows
through `lanes' and inserting `Road improvements on a 14-mile segment of United States Route 15
in Lycoming County, Pennsylvania';
(7) in item 93, relating to New Mexico, by striking `Raton-Clayton Rd., Clayton, New
Mexico' and inserting `United States Route 64/87 from Raton, New Mexico, through Clayton to the
border between Texas and New Mexico'; and
(8) in item 111, relating to Parker County, Texas--
(A) by striking `Parker County' and inserting `Parker and Tarrant Counties'; and
(B) by striking `to four-' and inserting `in Tarrant County to freeway standards
and in Parker County to a 4-'.
Section by Section Analysis
Table Reference
SEC. 334. CORRECTIONS TO URBAN ACCESS AND MOBILITY PROJECTS.
The table contained in section 1106(b)(2) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2043-2047) is amended--
(1) in item 9, relating to New York, New York, by inserting after `NY' the following:
`, $4,440,398, and redevelopment of the James A. Farley Post Office, Pennsylvania Station, and
associated service buildings into an intermodal transportation facility and commercial center,
$11,159,602';
(2) in item 13, relating to Joliet, Illinois, by striking `and construction and
interchange at Houbolt Road and I-80';
(3) in item 36, relating to Compton, California, by striking `For a grade' and all
that follows through `Corridor' and inserting `For grade separations and other improvements in
the city of Compton, California'; and
(4) in item 52, relating to Chicago, Illinois, by striking `Right-of-way' and all that
follows through `Connector)' and inserting `Reconstruct the Michigan Avenue viaduct'.
Section by Section Analysis
Table Reference
SEC. 335. CORRECTIONS TO INNOVATIVE PROJECTS.
The table contained in section 1107(b) of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2048-2059) is amended--
(1) in item 10, relating to Atlanta, Georgia, by striking `(IVHS)' and inserting
`(ITS)';
(2) in item 19, relating to Water Street, Pennsylvania--
(A) by striking `Water Street,'; and
(B) by inserting `, or other projects in the counties of Bedford, Blair, Centre,
Franklin, and Huntingdon as selected by the State of Pennsylvania' after `Pennsylvania' the
second place it appears;
(3) in item 20, relating to Holidaysburg, Pennsylvania--
(A) by striking `Holidaysburg,' the first place it appears; and
(B) by inserting `, or other projects in the counties of Bedford, Blair, Centre,
Franklin, and Huntingdon as selected by the State of Pennsylvania' after `Pennsylvania' the
second place it appears;
(4) in item 24, relating to Pennsylvania, by inserting after `line' the following:
`and for the purchase, rehabilitation, and improvement of any similar existing facility within a
150-mile radius of such project, as selected by the State of Pennsylvania';
(5) in item 29, relating to Blacksburg, Virginia--
(A) by inserting `methods of facilitating public and private participation in'
after `demonstrate'; and
(B) by striking `intelligent/vehicle highway systems' and inserting
`intelligent transportation systems';
(6) in item 35, relating to Alabama, by striking `to bypass' and all that follows
through `I-85' and inserting `beginning on United States Route 80 west of Montgomery, Alabama,
and connecting to I-65 south of Montgomery and I-85 east of Montgomery';
(7) in item 49, relating to Suffolk County, New York, by inserting after `perimeters'
the following: `and provide funds to the towns of Brookhaven, Riverhead, Smithtown, East
Hampton, Southold, Shelter Island, and Southampton for the purchase of vehicles to meet the
transportation needs of the elderly and persons with disabilities';
(8) in item 52, relating to Pennsylvania, by striking `2' and all that follows through
`Pennsylvania' and inserting `or rehabilitate (or both) highway and transportation
infrastructure projects within 30 miles of I-81 or I-80 in northeastern Pennsylvania';
(9) in item 61, relating to Mojave, California--
(A) by striking `Mojave' and inserting `Victorville'; and
(B) by inserting `Mojave' after `reconstruct';
(10) in item 68, relating to Portland/S. Portland, Maine--
(A) by striking `Portland/S. Portland,'; and
(B) by inserting after `Bridge' the following: `and improvements to the Carlton
Bridge in Bath-Woolworth';
(11) in item 76, relating to Tennessee--
(A) by inserting `Improved access to' before `I-81';
(B) by striking `Interchange'; and
(C) by inserting after `Tennessee' the second place it appears the following: `via
improvements at I-181/Eastern Star Road and I-81/Kendrick Creek Road';
(12) in item 100, relating to Arkansas, by striking `Thornton' and inserting `Little
Rock';
(13) in item 113, relating to Durham County, North Carolina, by inserting after `Route
147' the following: `, including the interchange at I-85';
(14) in item 114, relating to Corpus Christi to Angleton, Texas, by striking
`Construct new multi-lane freeway' and inserting `Construct a 4-lane divided highway ';
(15) in item 162, relating to New York, New York, by inserting after `paint' the
following: `, $40,000,000, and James A. Farley Post Office, Pennsylvania Station, and associated
service buildings: redevelopment, $15,000,000';
(16) in item 193, relating to Corning, New York, by inserting `and other improvements'
after `expressway lanes'; and
(17) in item 196, relating to Orlando, Florida--
(A) by striking `Orlando,'; and
(B) by striking `Land' and all that follows through `project' and inserting `One
or more regionally significant, intercity ground transportation projects'.
Section by Section Analysis
Table Reference
SEC. 336. CORRECTIONS TO INTERMODAL PROJECTS.
The table contained in section 1108(b) of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2060-2063) is amended--
(1) in item 9, relating to E. Haven/Wallingford, Connecticut--
(A) by striking `for $8.8 million';
(B) by striking `for $2.4 million'; and
(C) by striking `for $0.7 million';
(2) in item 12, relating to Buffalo, New York, by inserting after `Project' the
following: `and the Crossroads Arena Project';
(3) in item 31, relating to Los Angeles, California, 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';
(4) in item 33, relating to Orange County, New York, strike `Stuart Airport
Interchange Project' and insert `Stewart Airport interchange projects'; and
(5) in item 38, relating to Provo, Utah, strike `South' and all that follows through
`Airport' and insert `East-West Connector from United States Route 89-189'.
Section by Section Analysis
Table Reference
SEC. 337. NATIONAL RECREATIONAL TRAILS.
(a) STATE ELIGIBILITY- Section 1302(c) of the Intermodal Surface Transportation Efficiency
Act of 1991 (16 U.S.C. 1261(c)) is amended--
(1) by striking `Act ' each place it appears and inserting `part';
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C),
respectively; and
(3) by adding at the end the following:
`(A) PRIOR TO FISCAL YEAR 2001- Prior to October 1, 2000, the Federal share of the
cost of a project under this section shall be 50 percent.
`(B) FISCAL YEAR 2001 AND THEREAFTER- For fiscal year 2001 and each fiscal year
thereafter, a State shall be eligible to receive moneys under this part for a fiscal year only
if the State agrees to expend from non-Federal sources for carrying out projects under this part
an amount equal to 20 percent of the amount received by the State under this part in that fiscal
year.'.
(b) ADMINISTRATIVE COSTS- Section 1302(d)(1) of such Act (16 U.S.C. 1261(d)(1)) is
amended--
(1) by striking `and' at the end of subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph (E); and
(3) by inserting after subparagraph (C) the following:
`(D) contracting for services with other land management agencies; and'.
(c) ENVIRONMENTAL MITIGATION-
(1) IN GENERAL- Section 1302(e) of such Act (16 U.S.C. 1261(e)) is amended--
(A) by redesignating paragraphs (5), (6), (7), and (8) as paragraphs (6), (7),
(8), and (9), respectively; and
(B) by inserting after paragraph (4) the following:
`(5) ENVIRONMENTAL MITIGATION-
`(A) REQUIREMENT- To the extent practicable and consistent with other requirements
of this section, in complying with paragraph (4), a State should give consideration to project
proposals that provide for the redesign, reconstruction, nonroutine maintenance, or relocation
of trails in order to mitigate and minimize the impact to the natural environment.
`(B) GUIDANCE- A recreational trail advisory board satisfying the requirements of
subsection (c)(2)(A) shall issue guidance to a State for the purposes of implementing
subparagraph (A).
(2) CONFORMING AMENDMENT- Section 1302(e)(4) of such Act (16 U.S.C. 1261(e)(4))
is amended by striking `paragraphs (6) and (8)(B)' and inserting `paragraphs (7) and (9)(B)'.
(d) RETURN OF MONEYS NOT EXPENDED- Section 1302(e)(9)(B) of such Act , as redesignated
by subsection (c)(1)(A), is amended--
(1) by inserting `the State' before `may be exempted'; and
(2) by striking `and expended or committed' and all that follows before the period.
(1) IN GENERAL- Section 1303(b) of such Act (16 U.S.C. 1262(b)) is amended--
(A) by striking `11 members' and inserting `12 members';
(B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5),
respectively; and
(C) by inserting after paragraph (1) the following:
`(2) 1 member appointed by the Secretary representing individuals with disabilities;'.
(2) CONFORMING AMENDMENT- Section 1303(c) of such Act (16 U.S.C. 1262(c)) is
amended by striking `subsection (b)(2)' and inserting `subsection (b)(3)'.
(f) FUNDING- Section 104 of title 23, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (j); and
(2) by inserting after subsection (g) the following:
`(h) NATIONAL RECREATIONAL TRAILS FUNDING- In addition to funds made available from
the National Recreational Trails Trust Fund, the Secretary shall obligate, from
administrative funds (contract authority) 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.'.
Section by Section Analysis
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SEC. 338. INTELLIGENT TRANSPORTATION SYSTEMS.
(a) IMPROVED COLLABORATION IN INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH AND DEVELOPMENT-
Section 6054 of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 307
note; 105 Stat. 2191-2192) 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 such Act (23 U.S.C. 307 note; 105 Stat. 2194-2195) is amended--
(1) in subsection (e) by striking `until expended' and inserting `for obligation in
accordance with this section'; and
(2) by adding at the end the following:
`(f) OBLIGATION OF FUNDS-
`(1) IN GENERAL- Funds made available pursuant to subsections (a) and (b) on or after
the date of the enactment of this subsection and other funds made available on or 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 for which the funds are
made available. Funds made available pursuant to subsections (a) and (b) before such date of
enactment shall remain available until expended.
`(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 project with respect to which funds may be made available under subsection (a) or (b).'.
(c) CONFORMING AMENDMENTS-
(1) FINDINGS- Section 6009(a)(6) of such Act (23 U.S.C. 307 note; 105 Stat. 2176)
is amended by striking `intelligent vehicle highway systems' and inserting `intelligent
transportation systems'.
(2) INTELLIGENT TRANSPORTATION SYSTEMS GENERALLY- Part B of title VI of such Act
(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(a)(2)(A) by striking `intelligent vehicle-highway ' and
inserting `intelligent transportation systems';
(E) in the subsection heading for section 6054(b) by striking `INTELLIGENT
VEHICLE-HIGHWAY SYSTEMS' and inserting `INTELLIGENT TRANSPORTATION SYSTEMS';
(F) in the subsection heading for section 6056(a) by striking `IVHS' and inserting
`ITS';
(G) in the subsection heading for each of subsections (a) and (b) of section 6058
by striking `IVHS' and inserting `ITS'; and
(H) in the paragraph heading for section 6059(1) by striking `IVHS' and inserting
`ITS'.
(3) DOT APPROPRIATIONS ACT - Section 310(c)(3) of the Department of Transportation
and Related Agencies Appropriations Act , 1995 (23 U.S.C. 104 note; 108 Stat. 2489-2490) is
amended by striking `intelligent vehicle highway systems' and inserting `intelligent
transportation systems'.
(4) HAZMAT- Section 109(a) of the Hazardous Materials Transportation Authorization Act
of 1994 (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'.
(5) UNIVERSITY RESEARCH INSTITUTE- 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'.
Section by Section Analysis
Questions and Answers
Table Reference
SEC. 339. ELIGIBILITY.
(a) PENNSYLVANIA TURNPIKE AND I-95-
(1) RECONSTRUCTION AND WIDENING- The project authorized by section 162 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2136) shall include reconstruction and
widening to 6 lanes of existing Interstate Route 95 and of the Pennsylvania Turnpike from United
States Route 1 to the junction with the New Jersey Turnpike, including the structure over the
Delaware River.
(2) FEDERAL SHARE- Notwithstanding any other provision of law, the Federal share
payable on account of the project referred to in paragraph (1), including the additional through
roadway and bridge travel lanes, shall be 90 percent of the cost of the project.
(3) TOLLS- Notwithstanding section 301 of title 23, United States Code, the project
for construction of an interchange between the Pennsylvania Turnpike and Interstate Route 95,
including the widening of the Pennsylvania Turnpike, shall be treated as a reconstruction
project described in section 129(a)(1)(B) of such title and tolls may be continued on all
traffic on the Pennsylvania Turnpike between United States Route 1 and the New Jersey Turnpike.
(b) TYPE II NOISE BARRIERS-
(1) GENERAL RULE- No funds made available out of the Highway Trust Fund may be
used to construct Type II noise barriers (as defined by section 772.5(i) of title 23, Code of
Federal Regulations) pursuant to subsections (h) and (i) of section 109 of title 23, United
States Code, if such barriers were not part of a project approved by the Secretary before the
date of the enactment of this Act .
(2) EXCEPTIONS- Paragraph (1) shall not apply to construction of Type II noise
barriers along lands that were developed or were under substantial construction before approval
of the acquisition of the rights-of-ways for, or construction of, the existing highway .
(c) ROUTE SEGMENTS IN WYOMING-
(1) IN GENERAL- The Secretary 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 section 103(b)(6) of title 23, United States
Code.
(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.
(d) ORANGE STREET BRIDGE, MISSOULA, MONTANA- Notwithstanding section 149 of title 23,
United States Code, or any other provision of 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 such section.
(e) NATIONAL RAILROAD PASSENGER CORPORATION LINE- 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 funds apportioned under sections
103(e)(4), 104(b)(2), and 104(b)(3) of title 23, United States Code.
(f) POCONO NORTHEAST RAILWAY COMPANY LINE- 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 funds apportioned under
sections 104(b)(2) and 104(b)(3) of title 23, United States Code.
(g) BRIGHTMAN STREET BRIDGE, FALL RIVER HARBOR, MASSACHUSETTS- Notwithstanding any other
provision of law, the Brightman Street Bridge in Fall River Harbor, Massachusetts, may be
reconstructed to result in a clear channel width of less than 300 feet.
(h) ATLANTIC INTRACOASTAL WATERWAY BRIDGE REPLACEMENT AT GREAT BRIDGE, CHESAPEAKE,
VIRGINIA- The project for navigation at Great Bridge, Virginia, Highway 168, over the
Atlantic Intracoastal Waterway in Chesapeake, Virginia: Report of the Chief of Engineers, dated
July 1, 1994, at a total cost of $23,680,000, with an estimated Federal cost of $20,341,000 and
an estimated non-Federal cost of $3,339,000. The city of Chesapeake shall assume full ownership
of the replacement bridge to be constructed under the project, including all associated
operation, maintenance, repair, replacement, and rehabilitation costs.
(i) FEDERAL LANDS HIGHWAYS PROGRAM- Notwithstanding
section 101(a) of title 23, United States Code, and the requirements of sections 202 and 204 of
such title, the highway projects described in section 149(a)(62) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 191), section 1 of
Public Law 100-211 (101 Stat. 1442), and Public Law 99-647 (100 Stat. 3625) and projects on
State Highway 488 within the Great Basin National Park, Nevada, and United States
Route 93 from Somers to Whitefish, Montana, shall be eligible for assistance under sections 202
and 204 of such title. Any funds allocated for fiscal year 1996 and thereafter for such projects
as a result of enactment of this subsection shall not affect the apportionment adjustments made
under section 1015 of the Intermodal Surface Transportation Efficiency Act of 1991.
(j) ALAMEDA TRANSPORTATION CORRIDOR, CALIFORNIA- Funds apportioned to the State of
California under section 104(b)(1) of title 23, United States Code, for the National Highway
System may be obligated for construction of, and operational improvements for, grade separation
projects for the Alameda Transportation Corridor along Alameda Street from the entrance to the
ports of Los Angeles and Long Beach to Interstate Route 10, Los Angeles, California. The Federal
share of the costs of such projects shall be determined in accordance with section 120(b) of
such title.
Section by Section Analysis
Questions and Answers
Table Reference
SEC. 340. MISCELLANEOUS CORRECTIONS TO SURFACE TRANSPORTATION AND
UNIFORM RELOCATION ASSISTANCE ACT OF 1987.
(a) 34TH STREET CORRIDOR PROJECT IN MOORHEAD, MINNESOTA- Section 149(a)(5)(A) of the
Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 181),
relating to Minnesota, is amended--
(1) by striking `and' at the end of clause (i); and
(2) by inserting `and (iii) a safety overpass,' after `interchange,'.
(b) CALIFORNIA- Section 149(a)(69) of such Act (101 Stat. 191), relating to
Burbank-Glendale-Pasadena Airport, California, is amended--
(1) by striking `highway ';
(2) by striking `and construction of terminal and parking facilities at such airport';
and
(3) by striking `by making' and all that follows through the period at the end of the
second sentence and inserting the following: `by preparing a feasibility study and conducting
preliminary engineering, design, and construction of a link between such airport and the
commuter rail system that is being developed by the Los Angeles County Metropolitan
Transportation Authority.'.
(c) PENNSYLVANIA- Section 149(a)(74) of such Act (101 Stat. 192) is amended--
(1) by striking `CHAMBERSBURG, PENNSYLVANIA' in the paragraph heading and inserting
`PENNSYLVANIA'; and
(2) by inserting before the period at the end the following: `and other projects in
the counties of Bedford, Blair, Centre, Franklin, and Huntingdon, Pennsylvania'.
(1) RURAL ACCESS PROJECT- Section 149(a)(87) of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (101 Stat. 194) is amended--
(A) by striking `WEST CALCASIEU PARISH, LOUISIANA' and inserting `LOUISIANA'; and
(B) by inserting before the period at the end the following: `and construction of
roads and a bridge to provide access to the Rose Bluff industrial area, Lake Charles,
Louisiana'.
(2) I-10 EXIT RAMP AND OTHER PROJECTS- Section 149(a)(89) of the Surface
Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 194) is amended--
(A) by inserting `AND LAKE CHARLES' after `LAFAYETTE' in the paragraph heading;
and
(B) by inserting before the period at the end the following: `and, of amounts
made available to carry out this paragraph, may use up to $456,022 to carry out a comprehensive
transportation and land use plan for Lafayette, Louisiana, $1,000,000 to carry out a project to
construct an exit ramp from the eastbound side of Interstate Route 10 to Ryan Street in Lake
Charles, Louisiana, and $269,661 to carry out projects described in paragraph (90)'.
(3) CONTRABAND BRIDGE- Section 149(a)(90) of such Act (101 Stat. 194) is
amended--
(A) by inserting `AND LAKE CHARLES' after `LAFAYETTE' in the paragraph heading;
and
(B) by inserting before the period at the end `and a project to construct the
Contraband Bridge portion of the Nelson Access Road Project'.
(e) MARYLAND- Section 149(a)(92) of such Act (101 Stat. 194) is amended--
(1) by striking `UNITED STATES ROUTE 48' in the paragraph heading and inserting
`WASHINGTON AND FREDERICK COUNTIES'; and
(2) by inserting `and to construct an interchange between Interstate Route 70 and
Interstate Route 270 in Frederick County, Maryland' after `Mountain Road'.
(f) NORTH DAKOTA- Of funds remaining available for obligation under sections
149(a)(111)(C), 149(a)(111)(E), 149(a)(111)(J), 149(a)(111)(K), 149(a)(111)(L), 149(a)(111)(M),
and 149(a)(112) of the Surface Transportation and Uniform Relocation Assistance Act of
1987, $217,440 shall be made available for the repair of County Road 8 west of Lawton, Ramsey
County, North Dakota. The remainder of such funds shall be made available to the North Dakota
department of transportation for flood prevention and repair activities on North Dakota county
roads on a Federal-aid system that are threatened by flooding (as determined by the North Dakota
department of transportation).
Section by Section Analysis
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SEC. 341. ACCESSIBILITY OF OVER-THE-ROAD BUSES TO INDIVIDUALS WITH
DISABILITIES.
Section 306(a)(2)(B)(iii) of the Americans With Disabilities Act of 1990 (42 U.S.C.
12186(a)(2)(B)(iii)) is amended--
(1) in subclause (I) by striking `7 years after the date of the enactment of this Act
' and inserting `3 years after the date of issuance of final regulations under clause
(ii)'; and
(2) in subclause (II) by striking `6 years after such date of enactment' and inserting
`2 years after the date of issuance of such final regulations'.
Section by Section Analysis
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SEC. 342. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.
(a) MASS TRANSIT TESTING- Section 5331(b) of title 49, United States Code, is amended by
striking the subsection designation and all that follows through paragraph (1)(A) and inserting
the following:
`(b) TESTING PROGRAM FOR MASS TRANSPORTATION EMPLOYEES- (1)(A) In the interest of mass
transportation safety, the Secretary shall prescribe regulations that establish a program
requiring mass transportation operations that receive financial assistance under section 5307,
5309, or 5311 of this title or section 103(e)(4) of title 23 to conduct preemployment,
reasonable suspicion, random, and post-accident testing of mass transportation employees
responsible for safety-sensitive functions (as decided by the Secretary) for the use of a
controlled substance in violation of law or a United States Government regulation, and to
conduct reasonable suspicion, random, and post-accident testing of such employees for the use of
alcohol in violation of law or a United States Government regulation. The regulations shall
permit such operations to conduct preemployment testing of such employees for the use of
alcohol.'.
(b) RAILROAD TESTING- Section 20140(b)(1)(A) of title 49, United States Code, is amended
to read as follows:
`(A) a railroad carrier to conduct preemployment, reasonable suspicion, random, and
post-accident testing of all railroad employees responsible for safety-sensitive functions (as
decided by the Secretary) for the use of a controlled substance in violation of law or a United
States Government regulation, and to conduct reasonable suspicion, random, and post-accident
testing of such employees for the use of alcohol in violation of law or a United States
Government regulation; the regulations shall permit such railroad carriers to conduct
preemployment testing of such employees for the use of alcohol; and'.
(c) MOTOR CARRIER TESTING- Section 31306(b) of such title is amended by striking the
subsection designation and all that follows through paragraph (1)(A) and inserting the
following:
`(b) TESTING PROGRAM FOR OPERATORS OF COMMERCIAL MOTOR VEHICLES- (1)(A) In the interest of
commercial motor vehicle safety, the Secretary of Transportation shall prescribe regulations
that establish a program requiring motor carriers to conduct preemployment, reasonable
suspicion, random, and post-accident testing of operators of commercial motor vehicles for the
use of a controlled substance in violation of law or a United States Government regulation and
to conduct reasonable suspicion, random, and post-accident testing of such operators for the use
of alcohol in violation of law or a United States Government regulation. The regulations shall
permit such motor carriers to conduct preemployment testing of such employees for the use of
alcohol.'.
(1) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN AIR CARRIERS- Section 45102(a)
of title 49, United States Code, is amended by striking the subsection designation and all that
follows through paragraph (1) and inserting the following:
`(a) PROGRAM FOR EMPLOYEES OF AIR CARRIERS AND FOREIGN AIR CARRIERS- (1) In the interest
of aviation safety, the Administrator of the Federal Aviation Administration shall prescribe
regulations that establish a program requiring air carriers and foreign air carriers to conduct
preemployment, reasonable suspicion, random, and post-accident testing of airmen, crew members,
airport security screening contract personnel, and other air carrier employees responsible for
safety-sensitive functions (as decided by the Administrator) for the use of a controlled
substance in violation of law or a United States Government regulation; and to conduct
reasonable suspicion, random, and post-accident testing of airmen, crew members, airport
security screening contract personnel, and other air carrier employees responsible for
safety-sensitive functions (as decided by the Administrator) for the use of alcohol in violation
of law or a United States Government regulation. The regulations shall permit air carriers and
foreign air carriers to conduct preemployment testing of airmen, crew members, airport security
screening contract personnel, and other air carrier employees responsible for safety-sensitive
functions (as decided by the Administrator) for the use of alcohol.'.
(2) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION ADMINISTRATION- Section 45102(b) of
title 49, United States Code, is amended by striking the subsection designation and all that
follows through paragraph (1) and inserting the following:
`(b) PROGRAM FOR EMPLOYEES OF THE FEDERAL AVIATION ADMINISTRATION- (1) The Administrator
shall establish a program of preemployment, reasonable suspicion, random, and post-accident
testing for the use of a controlled substance in violation of law or a United States Government
regulation for employees of the Administration whose duties include responsibility for
safety-sensitive functions and shall establish a program of reasonable suspicion, random, and
post-accident testing for the use of alcohol in violation of law or a United States Government
regulation for such employees. The Administrator may establish a program of preemployment
testing for the use of alcohol for such employees.'.
Section by Section Analysis
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SEC. 343. NATIONAL DRIVER REGISTER.
Section 30308(a) of title 49, United States Code, is amended by striking `and $2,550,000
for fiscal year 1995' and inserting `and $2,550,000 for each of fiscal years 1995 and 1996'.
Section by Section Analysis
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SEC. 344. COMMERCIAL MOTOR VEHICLE SAFETY PILOT PROGRAM.
Section 31136(e) of title 49, United States Code, is amended--
(1) by inserting `(1) IN GENERAL- ' before `After';
(2) by indenting paragraph (1), as designated by paragraph (1) of this section, and
moving that paragraph 2 ems to the right; and
(3) by adding at the end the following:
`(2) COMMERCIAL MOTOR VEHICLE SAFETY PILOT PROGRAM-
`(A) IN GENERAL- Not later than the 270th day following the date of the enactment
of this paragraph, the Secretary shall implement a commercial motor vehicle regulatory relief
and safety pilot program (hereinafter in this paragraph referred to as the `program') to grant
and to monitor exemptions from the provisions of this section and sections 504 and 31502. The
program shall provide that the Secretary, within 120 days after receiving an application for
participation in the program from an employer, shall determine whether to exempt some or all of
the eligible vehicles operated by the applicant, and some or all of the drivers of such vehicles
employed by the applicant, from some or all of the regulations prescribed under this section and
sections 504 and 31502--
`(i) if the applicant has a satisfactory safety rating issued by the Secretary
or meets criteria established by the Secretary pursuant to subparagraph (J) instead of such
rating; and
`(ii) if the applicant and the Secretary enter into an agreement that provides
that the applicant while participating in the program--
`(I) shall operate safely;
`(II) shall provide the Secretary with accident and nonconfidential
insurance-related information relevant to the safety performance of the applicant and vehicles
and drivers of the applicant subject to the program;
`(III) shall use in the program only drivers with good safety records in
the preceding 36 months and who maintain such good safety records while in the program; and
`(IV) shall implement such safety management controls as the Secretary (in
cooperation with the applicant) determines are necessary to carry out the objectives of this
subsection.
`(B) SAFETY MANAGEMENT CONTROLS- Safety management controls implemented by
participants in the program shall be designed to achieve a level of operational safety equal to
or greater than that resulting from compliance with the regulations prescribed under this
section and sections 504 and 31502.
`(C) PAPERWORK BURDEN TO BE MINIMIZED- The Secretary shall ensure that
participants in the program are subject to a minimum of paperwork and regulatory burdens
necessary to ensure compliance with the requirements of the program.
`(D) ENCOURAGEMENT OF ADVANCED TECHNOLOGY- The Secretary shall encourage
participants in the program to use such advanced technologies as may be necessary to ensure
compliance with the requirements of the program.
`(E) APPROVAL FACTORS- In approving applicants for participation in the program,
the Secretary shall--
`(i) ensure that the participants represent a broad cross-section of fleet
size and drivers of eligible vehicles; and
`(ii) ensure participation by qualified applicants, except to the extent
limited by resources of the Secretary that are necessary to permit effective monitoring under
subparagraph (G).
`(F) MODIFICATIONS TO REFLECT CHANGES IN REGULATIONS- If there is a material
change in the regulations prescribed under this section or section 504 or 31502, the Secretary
shall require each participant in the program to modify the safety management controls
applicable to such participant, and the agreement provided for in subparagraph (A)(ii), to the
extent necessary to reflect the material change.
`(G) MONITORING- The Secretary and participants in the program shall monitor
periodically the safety of vehicles and drivers subject to the program.
`(H) TERMINATION OF PARTICIPATION- A participant shall participate in the program
until--
`(i) the Secretary finds that--
`(I) the participant has exceeded the average ratio of preventable
accidents to vehicle miles traveled for a period of 12 months for eligible vehicles;
`(II) the participant has failed to comply with the requirements
established by the Secretary for participation in the program (including applicable safety
management controls); or
`(III) continued participation in the program is not in the public
interest; or
`(ii) the participant voluntarily withdraws from the program.
`(I) EMERGENCIES- The Secretary may suspend or modify participation in the program
in case of emergency.
`(i) IN GENERAL- Not later than the 270th day following the date of the
enactment of this paragraph, the Secretary, after notice and opportunity for comment, shall
establish criteria and define any terms necessary for implementing the program consistent with
this section. In establishing the criteria, the Secretary may consider to what extent and under
what conditions safety management controls may substitute, in whole or in part, for compliance
with some or all of the regulations prescribed under this section and sections 504 and 31502.
`(ii) LIMITATION- Notwithstanding clause (i), the program shall take effect on
or before the 270th day following the date of the enactment of this paragraph. If the rulemaking
described in clause (i) is not completed on or before such 270th day, the Secretary shall issue
interim criteria, consistent with this section, pending the completion of the rulemaking
described in this subsection.
`(K) ELIGIBLE VEHICLES- For purposes of this subsection, the term `eligible
vehicle' means a commercial motor vehicle with a gross vehicle weight rating of at least 10,001
pounds, but not more than 26,000 pounds, other than a vehicle--
`(i) designed to transport more than 15 passengers, including the driver; or
`(ii) used in transporting material found by the Secretary to be hazardous
under section 5103 and transported in a quantity requiring placarding under the regulations
issued under such section.
`(3) REVIEW OF REGULATIONS- Based in part on the information and experience obtained
from the program, the Secretary shall conduct a zero-based review of the need for, and the costs
and benefits of, all regulations prescribed under this section and sections 504 and 31502 to
determine whether and to what extent such regulations should apply to eligible vehicles. The
review shall focus on the appropriate level of safety that is in the public interest and the
paperwork and regulatory burdens of such regulations as the regulations apply to employers and
employees that use such vehicles. The Secretary shall complete the review by the last day of
the 3-year period beginning on the date of the enactment of this paragraph. Upon completion of
the review, the Secretary shall, after notice and an opportunity for public comment, grant such
exemptions or modify or repeal existing regulations to the extent appropriate.'.
Section by Section Analysis
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SEC. 345. EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL MOTOR
VEHICLES AND THEIR OPERATORS.
(1) TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM SUPPLIES- Regulations
prescribed by the Secretary under sections 31136 and 31502 of title 49, United States Code,
regarding maximum driving and on-duty time for drivers used by motor carriers shall not apply to
drivers transporting agricultural