SEC. 401. SHORT TITLE.
This title may be cited as the `Woodrow Wilson Memorial Bridge Authority Act of 1995'.
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SEC. 402. FINDINGS.
(1) traffic congestion imposes serious economic burdens on the metropolitan Washington, D.C., area, costing each commuter an estimated $1,000 per year;
(2) the volume of traffic in the metropolitan Washington, D.C., area is expected to increase by more than 70 percent between 1990 and 2020;
(3) the deterioration of the Woodrow Wilson Memorial Bridge and the growing population of the metropolitan Washington, D.C., area contribute significantly to traffic congestion;
(4) the Bridge serves as a vital link in the Interstate System and in the Northeast corridor;
(5) identifying alternative methods for maintaining this vital link of the Interstate System is critical to addressing the traffic congestion of the area;
(A) the only drawbridge in the metropolitan Washington, D.C., area on the Interstate System;
(B) the only segment of the Capital Beltway with only 6 lanes; and
(C) the only segment of the Capital Beltway with a remaining expected life of less than 10 years;
(7) the Bridge is the only part of the Interstate System owned by the Federal Government;
(8)(A) the Bridge was constructed by the Federal Government;
(B) prior to the date of the enactment of this Act , the Federal Government has contributed 100 percent of the cost of building and rehabilitating the Bridge; and
(C) the Federal Government has a continuing responsibility to fund future costs associated with the upgrading of the Interstate Route 95 crossing, including the rehabilitation and reconstruction of the Bridge;
(9) the Woodrow Wilson Memorial Bridge Coordination Committee is undertaking planning studies pertaining to the Bridge, consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable Federal laws;
(10) the transfer of ownership of the Bridge to a regional entity under the terms and conditions described in this title would foster regional transportation planning efforts to identify solutions to the growing problem of traffic congestion on and around the Bridge;
(11) any material change to the Bridge must take into account the interests of nearby communities, the commuting public, Federal, State, and local government organizations, and other affected groups; and
(12) a commission of congressional, State, and local officials and transportation representatives has recommended to the Secretary that the Bridge be transferred to an independent authority to be established by the Capital Region jurisdictions.
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SEC. 403. PURPOSES.
The purposes of this title are--
(1) to grant consent to the Commonwealth of Virginia, the State of Maryland, and the District of Columbia to establish by interstate agreement or compact the Woodrow Wilson Memorial Bridge Authority;
(2) to authorize the transfer of ownership of the Woodrow Wilson Memorial Bridge to the Authority for the purposes of owning, constructing, maintaining, and operating a bridge or tunnel or a bridge and tunnel project across the Potomac River; and
(3) to direct the Secretary to continue working with the parties that comprise the Woodrow Wilson Memorial Bridge Coordination Committee to complete all planning, preliminary engineering and design , environmental studies and documentation, and final engineering, and to submit a proposed agreement to Congress by October 1, 1996, that specifies the selected alternative, implementation schedule, and costs of the Project and the Federal share of the costs of the activities to be carried out as part of the Project.
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SEC. 404. DEFINITIONS.
In this title, the following definitions apply:
(1) AUTHORITY- The term `Authority' means the Woodrow Wilson Memorial Bridge Authority established under section 405.
(2) BOARD- The term `Board' means the board of directors of the Authority established under section 406.
(3) BRIDGE- The term `Bridge' means the Woodrow Wilson Memorial Bridge across the Potomac River, including approaches thereto.
(4) CAPITAL REGION JURISDICTION- The term `Capital Region jurisdiction' means--
(A) the Commonwealth of Virginia;
(B) the State of Maryland; and
(C) the District of Columbia.
(5) PROJECT- The term `Project' means the upgrading of the Interstate Route 95 Potomac River crossing, consistent with the selected alternative to be determined under section 407. Such term shall include ongoing short-term rehabilitation and repairs to the Bridge and may include 1 or more of the following:
(A) Construction of a new bridge or bridges in the vicinity of the Bridge.
(B) Construction of a tunnel in the vicinity of the Bridge.
(C) Long-term rehabilitation or reconstruction of the Bridge.
(D) Work necessary to provide rights-of-way for a rail or bus transit facility or bus or high occupancy vehicle lanes in connection with an activity described in subparagraph (A), (B), or (C).
(E) Work on Interstate Route 95 approaching the Bridge and other approach roadways if necessitated by an activity described in subparagraph (A), (B), or (C).
(F) Construction or acquisition of any building, improvement, addition, extension, replacement, appurtenance, land, interest in land, water right, air right, machinery, equipment, furnishing, landscaping, easement, utility, approach, roadway, or other facility that is necessary or desirable in connection with or incidental to a facility described in subparagraph (A), (B), or (C).
(6) SIGNATORY- The term `Signatory' means any political jurisdiction that enters into the interstate agreement or compact that establishes the Authority.
(7) WOODROW WILSON MEMORIAL BRIDGE COORDINATION COMMITTEE- The term `Woodrow Wilson Memorial Bridge Coordination Committee' means the Woodrow Wilson Memorial Bridge Coordination Committee established and chaired by the Federal Highway Administration and comprised of representatives of Federal, State, and local governments.
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SEC. 405. ESTABLISHMENT OF AUTHORITY.
(a) CONSENT TO INTERSTATE AGREEMENT- Congress grants consent to the Capital Region jurisdictions to enter into an interstate agreement or compact to establish the Authority and to designate the governance, powers, and duties of the Authority. The Authority shall be a non-Federal entity designated by the interstate agreement or compact.
(b) ESTABLISHMENT OF AUTHORITY-
(1) IN GENERAL- Upon execution of the interstate agreement or compact described in subsection (a) and an agreement between the Secretary and the Signatories as to the Federal share of the cost of the Project and the terms and conditions related to the timing of the transfer of the Bridge to the Authority as provided in section 407(c), the Authority shall be considered to be established for purposes of subsection (c).
(2) GENERAL POWERS- The Authority shall be a body corporate and politic, and an instrumentality of each of the Capital Region jurisdictions, having the powers and jurisdiction described in this title and such additional powers as are conferred on the Authority by the Capital Region jurisdictions, to the extent that the additional powers are consistent with this title.
(c) PURPOSES OF AUTHORITY- The Authority shall be established--
(1) to assume ownership of the Bridge; and
(2) to undertake the Project.
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SEC. 406. GOVERNMENT OF AUTHORITY.
(a) IN GENERAL- The Authority shall be governed in accordance with this section and with the terms of any interstate agreement or compact relating to the Authority that is consistent with this title.
(b) BOARD- The Authority shall be governed by a board of directors consisting of not more than 12 members appointed by the Capital Region jurisdictions and 1 member appointed by the Secretary.
(c) QUALIFICATIONS- At least 2 members of the Board shall be elected officials each of whom represents a political subdivision that has jurisdiction over the area at an end of the Project crossing.
(d) FAILURE TO APPOINT- The failure of a Capital Region jurisdiction to appoint 1 or more members of the Board shall not impair the establishment of the Authority if the condition of the establishment described in section 405(b)(1) has been met.
(e) PERSONAL LIABILITY OF MEMBERS- A member of the Board, including any nonvoting member, shall not be personally liable for--
(1) any action taken in his or her capacity as a member of the Board; or
(2) any note, bond, or other financial obligation of the Authority.
(f) RESIDENCY REQUIREMENT- Each member of the Board shall reside within a Capital Region jurisdiction.
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SEC. 407. OWNERSHIP OF BRIDGE.
(a) CONVEYANCE BY SECRETARY-
(1) IN GENERAL- After execution of the agreement under subsection (c), the Secretary shall convey to the Authority all right, title, and interest of the United States in and to the Bridge, including such related riparian rights and interests in land underneath the Potomac River as are necessary to carry out the Project. Except as provided in paragraph (2), upon conveyance by the Secretary, the Authority shall accept the right, title, and interest in and to the Bridge and all duties and responsibilities associated with the Bridge.
(2) INTERIM RESPONSIBILITIES- Until such time as the Project is constructed and operational, the conveyance under paragraph (1) shall not--
(A) relieve the Capital Region jurisdictions of the sole and exclusive responsibility to maintain and operate the Bridge; or
(B) relieve the Secretary of the responsibility to rehabilitate the Bridge or to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and all other requirements applicable with respect to the Bridge.
(b) TRANSFERS OF JURISDICTION- For the purpose of making the conveyance under subsection (a), the Secretary of the Interior and the head of any other Federal department or agency that has jurisdiction over land under or adjacent to the Bridge shall transfer such jurisdiction to the Secretary.
(1) IN GENERAL- The agreement referred to in subsection (a) is an agreement concerning the Project that is executed in accordance with this subsection.
(2) SUBMISSION TO CONGRESS- Not later than October 1, 1996, the Secretary shall submit to Congress a proposed agreement between the Secretary and the Signatories that specifies--
(A) the selected alternative, implementation schedule, and costs of the Project;
(B) the Federal share of the costs of the activities to be carried out as part of the Project, including, at a minimum, a 100 percent Federal share of--
(i) the cost of the continuing rehabilitation of the Bridge until such time as the Project is constructed and operational;
(ii) an amount, as determined by the Woodrow Wilson Memorial Bridge Coordination Committee, equivalent to the cost of replacing the Bridge with a comparable modern bridge designed according to current engineering standards; and
(iii) the cost of planning, preliminary engineering and design , environmental studies and documentation, and final engineering for the Project; and
(C) the Federal share of the cost of activities to be carried out as part of the project after September 30, 1997, will be reduced by amounts expended by the United States for activities (other than environmental studies and documentation) described in subparagraph (B)(iii) in fiscal years 1996 and 1997.
(3) APPROVAL AND EXECUTION OF AGREEMENT- After the enactment of a Federal law approving an agreement described in paragraph (2), the Secretary may execute the agreement.
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SEC. 408. PROJECT PLANNING.
The Secretary shall work with the Woodrow Wilson Memorial Bridge Coordination Committee, or with the Authority consistent with the purpose of the Authority, to complete, at the earliest possible date, planning, preliminary engineering and design , environmental studies and documentation, and final engineering for the Project, consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other applicable Federal laws.
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SEC. 409. ADDITIONAL POWERS AND RESPONSIBILITIES OF AUTHORITY.
In addition to the powers and responsibilities of the Authority under the other provisions of this title and under any interstate agreement or compact relating to the Authority that is consistent with this title, the Authority shall have all powers necessary and appropriate to carry out the duties of the Authority, including the power--
(1) to adopt and amend any bylaw that is necessary for the regulation of the affairs of the Authority and the conduct of the business of the Authority;
(2) to adopt and amend any regulation that is necessary to carry out the powers of the Authority;
(3) subject to section 407(a)(2), to plan, establish, finance, operate, develop, construct, enlarge, maintain, equip, or protect the facilities of the Project;
(4) to employ, in the discretion of the Authority, such personnel and agents as may be necessary to carry out the purposes of the Authority (including consulting engineers, attorneys, accountants, construction and financial experts, superintendents, and managers) and to fix the compensation and benefits of the employees and agents, except that--
(A) an employee of the Authority shall not engage in an activity described in section 7116(b)(7) of title 5, United States Code, with respect to the Authority; and
(B) an employment agreement entered into by the Authority shall contain an explicit prohibition against an activity described in subparagraph (A) with respect to the Authority by an employee covered by the agreement;
(5) to acquire personal and real property (including land lying under water and riparian rights), or any easement or other interest in real property, by purchase, lease, gift, transfer, or exchange;
(6) to exercise such powers of eminent domain in the Capital Region jurisdictions as are conferred on the Authority by the Signatories, in the exercise of the powers and the performance of the duties of the Authority;
(7) to apply for and accept any property, material, service, payment, appropriation, grant, gift, loan, advance, or other fund that is transferred or made available to the Authority by the Federal Government or by any other public or private entity or individual;
(8) to borrow money on a short-term basis and issue notes of the Authority for the borrowing payable on such terms and conditions as the Board considers advisable, and to issue long-term or short-term bonds in the discretion of the Authority for any purpose consistent with this title, which notes and bonds--
(A) shall not constitute a debt of the United States (or any political subdivision of the United States), or a general obligation of a Capital Region jurisdiction (or any political subdivision of a Capital Region jurisdiction), unless consented to by the jurisdiction or political subdivision; and
(B) may be secured solely by the general revenues of the Authority, or solely by the income and revenues of the Bridge or a new crossing of the Potomac River constructed as part of the Project, or by other revenues in the discretion of the Authority;
(9) to fix, revise, charge, and collect any reasonable toll or other charge;
(10) to enter into any contract or agreement necessary or appropriate to the performance of the duties of the Authority or the proper operation of the Bridge or a new crossing of the Potomac River constructed as part of the Project;
(11) to make any payment necessary to reimburse a local political subdivision having jurisdiction over an area where the Bridge or a new crossing of the Potomac River is situated for any extraordinary law enforcement cost incurred by the subdivision in connection with the Authority facility;
(12) to enter into partnerships or grant concessions between the public and private sectors for the purpose of--
(A) financing, constructing, maintaining, improving, or operating the Bridge or a new crossing of the Potomac River constructed as part of the Project; or
(B) fostering development of a new transportation technology;
(13) to obtain any necessary Federal authorization, permit, or approval for the construction, repair, maintenance, or operation of the Bridge or a new crossing of the Potomac River constructed as part of the Project;
(14) to adopt an official seal and alter the seal, as the Board considers appropriate;
(15) to appoint 1 or more advisory committees;
(16) to sue and be sued in the name of the Authority;
(17) to carry out or contract with other entities to carry out such maintenance of traffic activities during construction of the Project as is considered necessary by the Authority to properly manage traffic and minimize congestion, such as public information campaigns, improvements designed to encourage appropriate use of alternative routes, use of high occupancy vehicles and transit services, and deployment and operation of intelligent transportation technologies; and
(18) to carry out any activity necessary or appropriate to the exercise of the powers or performance of the duties of the Authority under this title and under any interstate agreement or compact relating to the Authority that is consistent with this title, if the activity is coordinated and consistent with the transportation planning process implemented by the metropolitan planning organization for the Washington, District of Columbia, metropolitan area under section 134 of title 23, United States Code, and section 5303 of title 49, United States Code.
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SEC. 410. FUNDING.
Section 104 of title 23, United States Code, as amended by section 337(f) of this Act , is amended by inserting before subsection (j), as redesignated by such section 337(f), the following:
`(i) WOODROW WILSON MEMORIAL BRIDGE-
`(1) EXPENDITURE- From any available administrative funds deducted under subsection (a), the Secretary shall obligate such sums as are necessary for each of fiscal years 1996 and 1997 for the rehabilitation of the Woodrow Wilson Memorial Bridge and for environmental studies and documentation, planning, preliminary engineering and design , and final engineering for a new crossing of the Potomac River as part of the Project, as defined by section 404 of the Woodrow Wilson Memorial Bridge Authority Act of 1995.
`(2) FEDERAL SHARE- The Federal share of the cost of any project funded with amounts expended under paragraph (1) shall be 100 percent.'.
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SEC. 411. AVAILABILITY OF PRIOR AUTHORIZATIONS.
In addition to the funds made available under section 104(i) of title 23, United States Code, any funds made available for the rehabilitation of the Bridge under sections 1069(i) and 1103(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2009 and 2028) shall continue to be available after the conveyance under section 407(a) of the Bridge, in accordance with the terms under which the funds were made available under such sections 1069(i) and 1103(b).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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