Moving Americans into the 21st Century
|
|
TEA-21 - Transportation Equity Act for the
21st Century Moving Americans into the 21st Century |
| |
| TEA-21 Home | DOT Home |
TITLE VII--MISCELLANEOUS
Subtitle A-- <<NOTE: National Highway Traffic Saftey
Administration Reauthorization Act of 1998.>> Automobile Safety and
Information
SEC. 7101. SHORT TITLE. <<NOTE: 49 USC 30101 note.>>
This subtitle may be cited as the ``National Highway Traffic Safety
Administration Reauthorization Act of 1998''.
SEC. 7102. AUTHORIZATION OF APPROPRIATIONS.
(a) Motor Vehicle Safety Activities.--Section 30104 of title 49,
United States Code, is amended to read as follows:
``Sec. 30104. Authorization of appropriations
``There is authorized to be appropriated to the Secretary
$81,200,000 for the National Highway Traffic Safety Administration to
carry out this part in each fiscal year beginning in fiscal year 1999
and ending in fiscal year 2001.''.
(b) Motor Vehicle Information Activities.--Section 32102 of title
49, United States Code, is amended to read as follows:
``Sec. 32102. Authorization of appropriations
``There is authorized to be appropriated to the Secretary $6,200,000
for the National Highway Traffic Safety Administration to carry out this
part in each fiscal year beginning in fiscal year 1999 and ending in
fiscal year 2001.''.
SEC. 7103. IMPROVING AIR BAG SAFETY. <<NOTE: 49 USC 30127 note.>>
(a) Rulemaking To Improve Air Bags.--
(1) Notice of proposed rulemaking.--Not later than September
1, 1998, the Secretary of Transportation shall issue a notice of
proposed rulemaking to improve occupant protection for occupants
of different sizes, belted and unbelted, under Federal Motor
Vehicle Safety Standard No. 208, while minimizing the risk to
infants, children, and other occupants from injuries and deaths
caused by air bags, by means that include advanced air bags.
(2) Final rule.--Notwithstanding any other provision of law,
the Secretary shall complete the rulemaking required by this
subsection by issuing, not later than September 1, 1999, a final
rule with any provision the Secretary deems appropriate,
consistent with paragraph (1) and the requirements of section
30111, title 49, United States Code. If the Secretary determines
that the final rule cannot be completed by that date to meet the
purposes of paragraph (1), the Secretary may extend the date for
issuing the final rule to not later than March 1, 2000.
(3) Effective date.--The final rule issued under this
subsection shall become effective in phases as rapidly as
practicable, beginning not earlier than September 1, 2002, and
no sooner than 30 months after the date of the issuance of the
final rule, but not later than September 1, 2003. The final rule
shall become fully effective for all vehicles identified in
section 30127(b), title 49, United States Code, that are
manufactured on and after September 1, 2005. Should the phase-in
of the final rule required by this paragraph commence on
September 1, 2003, then in that event, and only in that event,
the Secretary is authorized to make the final rule fully
effective on September 1, 2006, for all vehicles that are
manufactured on and after that date.
(4) Coordination of effective dates.--The requirements of
S13 of Standard No. 208 shall remain in effect unless and until
changed by the rule required by this subsection.
(5) Credit for early compliance.--To encourage early
compliance, the Secretary is directed to include in the notice
of proposed rulemaking required by paragraph (1) means by which
manufacturers may earn credits for future compliance. Credits,
on a one-vehicle for one-vehicle basis, may be earned for
vehicles certified as being in full compliance under section
30115 of title 49, United States Code, with the rule required by
paragraph (2) which are either--
(A) so certified in advance of the phase-in period;
or
(B) in excess of the percentage requirements during
the phase-in period.
(b) Advisory Committees.--Any government advisory committee, task
force, or other entity involving air bags shall include representatives
of consumer and safety organizations, insurers, manufacturers, and
suppliers.
SEC. 7104. RESTRICTIONS ON LOBBYING ACTIVITIES.
(a) Amendment.--Subchapter I of chapter 301 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 30105. Restriction on lobbying activities
``(a) In General.--No funds appropriated to the Secretary shall be
available for any activity specifically designed to urge a State
or local legislator to favor or oppose the adoption of any specific
legislative proposal pending before any State or local legislative body.
``(b) Appearance as Witness Not Barred.--Subsection (a) does not
prohibit officers or employees of the United States from testifying
before any State or local legislative body in response to the invitation
of any member of that legislative body or a State executive office.''.
(b) Clerical Amendment.--The table of contents in subchapter I of
chapter 301 of title 49, United States Code, is amended by adding at the
end the following:
``30105. Restriction on lobbying activities.''.
SEC. 7105. ODOMETERS.
(a) Transfers of New Motor Vehicles.--Section 32705(a) of title 49,
United States Code, is amended by adding at the end the following:
``(4)(A) This subsection shall apply to all transfers of motor
vehicles (unless otherwise exempted by the Secretary by regulation),
except in the case of transfers of new motor vehicles from a vehicle
manufacturer jointly to a dealer and a person engaged in the business of
renting or leasing vehicles for a period of 30 days or less.
``(B) For purposes of subparagraph (A), the term `new motor vehicle'
means any motor vehicle driven with no more than the limited use
necessary in moving, transporting, or road testing such vehicle prior to
delivery from the vehicle manufacturer to a dealer, but in no event
shall the odometer reading of such vehicle exceed 300 miles.''.
(b) Exempted Vehicles.--Section 32705(a) of title 49, United States
Code, as amended by subsection (a), is amended by adding at the end the
following new paragraph:
``(5) The Secretary may exempt such classes or categories of
vehicles as the Secretary deems appropriate from these requirements.
Until such time as the Secretary amends or modifies the regulations set
forth in 49 CFR 580.6, such regulations shall have full force and
effect.''.
SEC. 7106. MISCELLANEOUS AMENDMENTS.
(a) Remedies for Defects and Noncompliance.--Section 30120(i)(1) of
title 49, United States Code, is amended by inserting ``(including
retailers of motor vehicle equipment)'' after ``dealer'' the first time
it appears.
(b) Tires.--Section 30123 of title 49, United States Code, is
amended by striking subsections (a), (b), and (c) and by redesignating
subsections (d), (e), and (f), as subsections (a), (b), and (c),
respectively.
(c) Automatic Occupant Crash Protection and Seat Belt Use.--Section
30127(g)(1) of title 49, United States Code, is amended by striking
``every 6 months'' and inserting ``annually''.
(d) Miscellaneous.--
(1) Definitions.--
(A) Country of origin.--Section 32304(a)(3)(B) of
title 49, United States Code, is amended by inserting
before the period the following: ``, plus the assembly
and labor costs incurred for the final assembly of such
engines and transmissions''.
(B) Final assembly place.--Section 32304(a)(5) of
title 49, United States Code, is amended by adding at
the end the following: ``Such term does not include
facilities for engine and transmission fabrication and
assembly and the facilities for fabrication of motor
vehicle equipment component parts which are produced at
the same final assembly place using forming processes
such as stamping, machining, or molding processes.''.
(C) Outside supplier content reporting.--Section
32304(a)(9)(A) of title 49, United States Code, is
amended to read as follows:
``(A) for an outside supplier--
``(i) the full purchase price of passenger
motor vehicle equipment whose purchase price
contains at least 70 percent value added in the
United States and Canada; or
``(ii) that portion of the purchase price of
passenger motor vehicle equipment containing less
than 70 percent value added in the United States
and Canada that is attributable to the percent
value added in the United States and Canada when
such percent is expressed to the nearest 5
percent; and''.
(2) Country of assembly.--Section 32304(d) of title 49,
United States Code, is amended by adding at the end the
following: ``A manufacturer may add to the label required under
subsection (b) a line stating the country in which vehicle
assembly was completed.''.
(3) Vehicle content percentage by assembly plant.--Section
32304 of title 49, United States Code, is amended by
redesignating subsections (c) through (f) as subsections (f)
through (i), respectively, and by adding after subsection (b)
the following:
``(c) Vehicle Content Percentage by Assembly Plant.--A manufacturer
may display separately on the label required by subsection (b) the
domestic content of a vehicle based on the assembly plant. Such display
shall occur after the matter required to be in the label by subsection
(b)(1)(A).''.
(4) Suppliers failing to report.--Section 32304 of title 49,
United States Code, is amended by adding after subsection (c),
as added by paragraph (3), the following:
``(d) Value Added Determination.--If a manufacturer or allied
supplier requests information in a timely manner from one or more of its
outside suppliers concerning the United States /Canadian content of
particular equipment, but does not receive that information despite a
good faith effort to obtain it, the manufacturer or allied supplier may
make its own good faith value added determinations, subject to the
following:
``(1) The manufacturer or allied supplier shall make the
same value added determinations as would be made by the outside
supplier, that is, whether 70 percent or more of the value of
equipment is added in the United States and /or Canada.
``(2) The manufacturer or allied supplier shall consider the
amount of value added and the location in which the value was
added for all of the stages that the outside supplier would be
required to consider.
``(3) The manufacturer or allied supplier may determine that
the value added in the United States and /or Canada is 70
percent or more only if it has a good faith basis to make that
determination.
``(4) A manufacturer and its allied suppliers may, on a
combined basis, make value added determinations for no more than
10 percent, by value, of a carline's total parts content from
outside suppliers.
``(5) Value added determinations made by a manufacturer or
allied supplier under this paragraph shall have the same effect
as if they were made by the outside supplier.
``(6) This provision does not affect the obligation of
outside suppliers to provide the requested information.''.
(5) Accounting for the value of small parts.--Section 32304
of title 49, United States Code, is amended by adding after
subsection (d), as added by paragraph (4), the following:
``(e) Small Parts.--The country of origin of nuts, bolts, clips,
screws, pins, braces, gasoline, oil, blackout, phosphate rinse,
windshield washer fluid, fasteners, tire assembly fluid, rivets,
adhesives, and grommets, of any system, subassembly, or component
installed in a vehicle shall be considered to be the country in which
such parts were included in the final assembly of such vehicle.''.
(e) <<NOTE: 49 USC 30101 note.>> Study.--The National Highway
Traffic Safety Administration shall conduct a study of the benefits to
motor vehicle drivers of a regulation to require the installation in a
motor vehicle of an interior device to release the trunk lid. Not later
than 18 months after the date of the enactment of this Act, the
Administration shall submit a report on the results of the study to the
Committee on Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.
SEC. 7107. IMPORTATION OF MOTOR VEHICLE FOR SHOW OR DISPLAY.
(a) Importation of Noncomplying Motor Vehicles.--Section 30114 of
title 49, United States Code, is amended by striking ``or competitive
racing events'' and inserting ``competitive racing events, show, or
display''.
(b) <<NOTE: 49 USC 30114 note.>> Transition Rule.--A person who is
the owner of a motor vehicle located in the United States on the date of
enactment of this Act may seek an exemption under section 30114 of title
49, United States Code, as amended by subsection (a) of this section,
for a period of 6 months after the date regulations of the Secretary of
Transportation promulgated in response to such amendment take effect.
Subtitle B--Railroads
SEC. 7201. HIGH-SPEED RAIL.
(a) Authorization of Appropriations.--Section 26104 of title 49,
United States Code, is amended--
(1) by redesignating subsection (d) as subsection (h); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Fiscal Year 1998.--(1) There are authorized to be appropriated
to the Secretary $10,000,000 for fiscal year 1998, for carrying out
section 26101 (including payment of administrative expenses related
thereto).
``(2) There are authorized to be appropriated to the Secretary
$25,000,000 for fiscal year 1998, for carrying out section 26102
(including payment of administrative expenses related thereto).
``(e) Fiscal Year 1999.--(1) There are authorized to be appropriated
to the Secretary $10,000,000 for fiscal year 1999, for carrying out
section 26101 (including payment of administrative expenses related
thereto).
``(2) There are authorized to be appropriated to the Secretary
$25,000,000 for fiscal year 1999, for carrying out section 26102
(including payment of administrative expenses related thereto).
``(f) Fiscal Year 2000.--(1) There are authorized to be appropriated
to the Secretary $10,000,000 for fiscal year 2000, for carrying out
section 26101 (including payment of administrative expenses related
thereto).
``(2) There are authorized to be appropriated to the Secretary
$25,000,000 for fiscal year 2000, for carrying out section 26102
(including payment of administrative expenses related thereto).
``(g) Fiscal Year 2001.--(1) There are authorized to be appropriated
to the Secretary $10,000,000 for fiscal year 2001, for carrying out
section 26101 (including payment of administrative expenses related
thereto).
``(2) There are authorized to be appropriated to the Secretary
$25,000,000 for fiscal year 2001, for carrying out section 26102
(including payment of administrative expenses related thereto).''.
(b) Definition.--Section 26105(2) of title 49, United States Code,
is amended to read as follows:
``(2) the term `high-speed rail' means all forms of
nonhighway ground transportation that run on rails or
electromagnetic guideways providing transportation service which
is--
``(A) reasonably expected to reach sustained speeds
of more than 125 miles per hour; and
``(B) made available to members of the general
public as passengers,
but does not include rapid transit operations within an urban
area that are not connected to the general rail system of
transportation;''.
SEC. 7202. LIGHT DENSITY RAIL LINE PILOT PROJECTS.
(a) Amendment.--Part B of subtitle V of title 49, United States
Code, is amended by adding at the end the following new chapter:
``CHAPTER 223--LIGHT DENSITY RAIL LINE PILOT PROJECTS
``Sec.
``22301. Light density rail line pilot projects.
``Sec. 22301. Light density rail line pilot projects
``(a) Grants.--The Secretary of Transportation may make grants to
States that have State rail plans described in section 22102 (1) and
(2), to fund pilot projects that demonstrate the relationship of light
density railroad services to the statutory responsibilities of the
Secretary, including those under title 23.
``(b) Limitations.--Grants under this section may be made only for
pilot projects for making capital improvements to, and rehabilitating,
publicly and privately owned rail line structures, and may not be used
for providing operating assistance.
``(c) Private Owner Contributions.--Grants made under this section
for projects on privately owned rail line structures shall include
contributions by the owner of the rail line structures, based on the
benefit to those structures, as determined by the Secretary.
``(d) Study.--The Secretary shall conduct a study of the pilot
projects carried out with grant assistance under this section to
determine the public interest benefits associated with the light density
railroad networks in the States and their contribution to a multimodal
transportation system. Not later than March 31, 2003, the Secretary
shall report to Congress any recommendations the Secretary considers
appropriate regarding the eligibility of light density rail networks for
Federal infrastructure financing.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $17,500,000 for
each of the fiscal years 1998, 1999, 2000, 2001, 2002, and 2003. Such
funds shall remain available until expended.''.
(b) Table of Chapters.--The table of chapters of subtitle V of title
49, United States Code, is amended by inserting after the item relating
to chapter 221 the following new item:
``223. LIGHT DENSITY RAIL LINE PILOT PROJECTS...................22301''.
SEC. 7203. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.
(a) Amendments.--Title V of the Railroad Revitalization and
Regulatory Reform Act of 1976 is amended--
(1) by striking sections 501 through 504 <<NOTE: 45 USC 821-
824.>> and inserting the following new sections:
``SEC. 501. DEFINITIONS. <<NOTE: 45 USC 821.>>
``For purposes of this title:
``(1)(A) The term `cost' means the estimated long-term cost
to the Government of a direct loan or loan guarantee or
modification thereof, calculated on a net present value basis,
excluding administrative costs and any incidental effects on
governmental receipts or outlays.
``(B) The cost of a direct loan shall be the net present
value, at the time when the direct loan is disbursed, of the
following estimated cash flows:
``(i) Loan disbursements.
``(ii) Repayments of principal.
``(iii) Payments of interest and other payments by
or to the Government over the life of the loan after
adjusting for estimated defaults, prepayments, fees,
penalties, and other recoveries.
Calculation of the cost of a direct loan shall include the
effects of changes in loan terms resulting from the exercise by
the borrower of an option included in the loan contract.
``(C) The cost of a loan guarantee shall be the net present
value, at the time when the guaranteed loan is disbursed, of the
following estimated cash flows:
``(i) Payments by the Government to cover defaults
and delinquencies, interest subsidies, or other
payments.
``(ii) Payments to the Government, including
origination and other fees, penalties, and recoveries.
Calculation of the cost of a loan guarantee shall include the
effects of changes in loan terms resulting from the exercise by
the guaranteed lender of an option included in the loan
guarantee contract, or by the borrower of an option included in
the guaranteed loan contract.
``(D) The cost of a modification is the difference between
the current estimate of the net present value of the remaining
cash flows under the terms of a direct loan or loan guarantee
contract, and the current estimate of the net present value of
the remaining cash flows under the terms of the contract, as
modified.
``(E) In estimating net present values, the discount rate
shall be the average interest rate on marketable Treasury
securities of similar maturity to the cash flows of the direct
loan or loan guarantee for which the estimate is being made.
``(F) When funds are obligated for a direct loan or loan
guarantee, the estimated cost shall be based on the current
assumptions, adjusted to incorporate the terms of the loan
contract, for the fiscal year in which the funds are obligated.
``(2) The term `current' has the same meaning as in section
250(c)(9) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
``(3) The term `direct loan' means a disbursement of funds
by the Government to a non-Federal borrower under a contract
that requires the repayment of such funds. The term includes the
purchase of, or participation in, a loan made by another lender
and financing arrangements that defer payment for more than 90
days, including the sale of a Government asset on credit terms.
The term does not include the acquisition of a federally
guaranteed loan in satisfaction of default claims.
``(4) The term `direct loan obligation' means a binding
agreement by the Secretary to make a direct loan when specified
conditions are fulfilled by the borrower.
``(5) The term `intermodal' means of or relating to the
connection between rail service and other modes of
transportation, including all parts of facilities at which such
connection is made.
``(6) The term `loan guarantee' means any guarantee,
insurance, or other pledge with respect to the payment of all or
a part of the principal or interest on any debt obligation of a
non-Federal borrower to a non-Federal lender, but does not
include the insurance of deposits, shares, or other withdrawable
accounts in financial institutions.
``(7) The term `loan guarantee commitment' means a binding
agreement by the Secretary to make a loan guarantee when
specified conditions are fulfilled by the borrower, the lender,
or any other party to the guarantee agreement.
``(8) The term `modification' means any Government action
that alters the estimated cost of an outstanding direct loan (or
direct loan obligation) or an outstanding loan guarantee (or
loan guarantee commitment) from the current estimate of cash
flows. This includes the sale of loan assets, with or without
recourse, and the purchase of guaranteed loans. This also
includes any action resulting from new legislation, or from the
exercise of administrative discretion under existing law, that
directly or indirectly alters the estimated cost of outstanding
direct loans (or direct loan obligations) or loan guarantees (or
loan guarantee commitments) such as a change in collection
procedures.
``SEC. 502. DIRECT LOANS AND <<NOTE: 45 USC 822.>> LOAN GUARANTEES.
``(a) General Authority.--The Secretary may provide direct loans and
loan guarantees to State and local governments, government sponsored
authorities and corporations, railroads, and joint ventures that include
at least 1 railroad.
``(b) Eligible Purposes.--
``(1) In general.--Direct loans and loan guarantees under
this section shall be used to--
``(A) acquire, improve, or rehabilitate intermodal
or rail equipment or facilities, including track,
components of track, bridges, yards, buildings, and
shops;
``(B) refinance outstanding debt incurred for the
purposes described in subparagraph (A); or
``(C) develop or establish new intermodal or
railroad facilities.
``(2) Operating expenses not eligible.--Direct loans and
loan guarantees under this section shall not be used for
railroad operating expenses.
``(c) Priority Projects.--In granting applications for direct loans
or guaranteed loans under this section, the Secretary shall give
priority to projects that--
``(1) enhance public safety;
``(2) enhance the environment;
``(3) promote economic development;
``(4) enable United States companies to be more competitive
in international markets;
``(5) are endorsed by the plans prepared under section 135
of title 23, United States Code, by the State or States in which
they are located; or
``(6) preserve or enhance rail or intermodal service to
small communities or rural areas.
``(d) Extent of Authority.--The aggregate unpaid principal amounts
of obligations under direct loans and loan guarantees made under this
section shall not exceed $3,500,000,000 at any one time. Of this amount,
not less than $1,000,000,000 shall be available solely for projects
primarily benefiting freight railroads other than Class I carriers.
``(e) Rates of Interest.--
``(1) Direct loans.--The Secretary shall require interest to
be paid on a direct loan made under this section at a rate not
less than that necessary to recover the cost of making the loan.
``(2) Loan guarantees.--The Secretary shall not make a loan
guarantee under this section if the interest rate for the loan
exceeds that which the Secretary determines to be reasonable,
taking into consideration the prevailing interest rates and
customary fees incurred under similar obligations in the private
capital market.
``(f) Infrastructure Partners.--
``(1) Authority of secretary.--In lieu of or in combination
with appropriations of budget authority to cover the costs of
direct loans and loan guarantees as required under section
504(b)(1) of the Federal Credit Reform Act of 1990, the
Secretary may accept on behalf of an applicant for assistance
under this section a commitment from a non-Federal source to
fund in whole or in part credit risk premiums with respect to
the loan that is the subject of the application. In no event
shall the aggregate of appropriations of budget authority and
credit risk premiums described in this paragraph with respect to
a direct loan or loan guarantee be less than the cost of that
direct loan or loan guarantee.
``(2) Credit risk premium amount.--The Secretary shall
determine the amount required for credit risk premiums under
this subsection on the basis of--
``(A) the circumstances of the applicant, including
the amount of collateral offered;
``(B) the proposed schedule of loan disbursements;
``(C) historical data on the repayment history of
similar borrowers;
``(D) consultation with the Congressional Budget
Office; and
``(E) any other factors the Secretary considers
relevant.
``(3) Payment of premiums.--Credit risk premiums under this
subsection shall be paid to the Secretary before the
disbursement of loan amounts.
``(4) Cohorts of loans.--In order to maintain sufficient
balances of credit risk premiums to adequately protect the
Federal Government from risk of default, while minimizing the
length of time the Government retains possession of those
balances, the Secretary shall establish cohorts of loans. When
all obligations attached to a cohort of loans have been
satisfied, credit risk premiums paid for the cohort, and
interest accrued thereon, which were not used to mitigate losses
shall be returned to the original source on a pro rata basis.
``(g) Prerequisites for Assistance.--The Secretary shall not make a
direct loan or loan guarantee under this section unless the Secretary
has made a finding in writing that--
``(1) repayment of the obligation is required to be made
within a term of not more than 25 years from the date of its
execution;
``(2) the direct loan or loan guarantee is justified by the
present and probable future demand for rail services or
intermodal facilities;
``(3) the applicant has given reasonable assurances that the
facilities or equipment to be acquired, rehabilitated, improved,
developed, or established with the proceeds of the obligation
will be economically and efficiently utilized;
``(4) the obligation can reasonably be repaid, using an
appropriate combination of credit risk premiums and collateral
offered by the applicant to protect the Federal Government; and
``(5) the purposes of the direct loan or loan guarantee are
consistent with subsection (b).
``(h) Conditions of Assistance.--The Secretary shall, before
granting assistance under this section, require the applicant to agree
to such terms and conditions as are sufficient, in the judgment of the
Secretary, to ensure that, as long as any principal or interest is due
and payable on such obligation, the applicant, and any railroad or
railroad partner for whose benefit the assistance is intended--
``(1) will not use any funds or assets from railroad or
intermodal operations for purposes not related to such
operations, if such use would impair the ability of the
applicant,
railroad, or railroad partner to provide rail or intermodal
services in an efficient and economic manner, or would adversely
affect the ability of the applicant, railroad, or railroad
partner to perform any obligation entered into by the applicant
under this section;
``(2) will, consistent with its capital resources, maintain
its capital program, equipment, facilities, and operations on a
continuing basis; and
``(3) will not make any discretionary dividend payments that
unreasonably conflict with the purposes stated in subsection
(b).
``SEC. 503. <<NOTE: 45 USC 823 note.>> ADMINISTRATION OF DIRECT LOANS
AND LOAN GUARANTEES.
``(a) Applications.--The Secretary shall prescribe the form and
contents required of applications for assistance under section 502, to
enable the Secretary to determine the eligibility of the applicant's
proposal, and shall establish terms and conditions for direct loans and
loan guarantees made under that section.
``(b) Assignment of Loan Guarantees.--The holder of a loan guarantee
made under section 502 may assign the loan guarantee in whole or in
part, subject to such requirements as the Secretary may prescribe.
``(c) Modifications.--The Secretary may approve the modification of
any term or condition of a direct loan, loan guarantee, direct loan
obligation, or loan guarantee commitment, including the rate of
interest, time of payment of interest or principal, or security
requirements, if the Secretary finds in writing that--
``(1) the modification is equitable and is in the overall
best interests of the United States; and
``(2) consent has been obtained from the applicant and, in
the case of a loan guarantee or loan guarantee commitment, the
holder of the obligation.
``(d) Compliance.--The Secretary shall assure compliance, by an
applicant, any other party to the loan, and any railroad or railroad
partner for whose benefit assistance is intended, with the provisions of
this title, regulations issued hereunder, and the terms and conditions
of the direct loan or loan guarantee, including through regular periodic
inspections.
``(e) Commercial Validity.--For purposes of claims by any party
other than the Secretary, a loan guarantee or loan guarantee commitment
shall be conclusive evidence that the underlying obligation is in
compliance with the provisions of this title, and that such obligation
has been approved and is legal as to principal, interest, and other
terms. Such a guarantee or commitment shall be valid and incontestable
in the hands of a holder thereof, including the original lender or any
other holder, as of the date when the Secretary granted the application
therefor, except as to fraud or material misrepresentation by such
holder.
``(f) Default.--The Secretary <<NOTE: Regulations.>> shall
prescribe regulations setting forth procedures in the event of default
on a loan made or guaranteed under section 502. The Secretary shall
ensure that each loan guarantee made under that section contains terms
and conditions that provide that--
``(1) if a payment of principal or interest under the loan
is in default for more than 30 days, the Secretary shall pay
to the holder of the obligation, or the holder's agent, the
amount of unpaid guaranteed interest;
``(2) if the default has continued for more than 90 days,
the Secretary shall pay to the holder of the obligation, or the
holder's agent, 90 percent of the unpaid guaranteed principal;
``(3) after final resolution of the default, through
liquidation or otherwise, the Secretary shall pay to the holder
of the obligation, or the holder's agent, any remaining amounts
guaranteed but which were not recovered through the default's
resolution;
``(4) the Secretary shall not be required to make any
payment under paragraphs (1) through (3) if the Secretary finds,
before the expiration of the periods described in such
paragraphs, that the default has been remedied; and
``(5) the holder of the obligation shall not receive payment
or be entitled to retain payment in a total amount which,
together with all other recoveries (including any recovery based
upon a security interest in equipment or facilities) exceeds the
actual loss of such holder.
``(g) Rights of the Secretary.--
``(1) Subrogation.--If the Secretary makes payment to a
holder, or a holder's agent, under subsection (g) in connection
with a loan guarantee made under section 502, the Secretary
shall be subrogated to all of the rights of the holder with
respect to the obligor under the loan.
``(2) Disposition of property.--The Secretary may complete,
recondition, reconstruct, renovate, repair, maintain, operate,
charter, rent, sell, or otherwise dispose of any property or
other interests obtained pursuant to this section. The Secretary
shall not be subject to any Federal or State regulatory
requirements when carrying out this paragraph.
``(h) Action Against Obligor.--The Secretary may bring a civil
action in an appropriate Federal court in the name of the United States
in the event of a default on a direct loan made under section 502, or in
the name of the United States or of the holder of the obligation in the
event of a default on a loan guaranteed under section 502. The holder of
a guarantee shall make available to the Secretary all records and
evidence necessary to prosecute the civil action. The Secretary may
accept property in full or partial satisfaction of any sums owed as a
result of a default. If the Secretary receives, through the sale or
other disposition of such property, an amount greater than the aggregate
of--
``(1) the amount paid to the holder of a guarantee under
subsection (g) of this section; and
``(2) any other cost to the United States of remedying the
default,
the Secretary shall pay such excess to the obligor.
``(i) Breach of Conditions.--The Attorney General shall commence a
civil action in an appropriate Federal court to enjoin any activity
which the Secretary finds is in violation of this title, regulations
issued hereunder, or any conditions which were duly agreed to, and to
secure any other appropriate relief.
``(j) Attachment.--No attachment or execution may be issued against
the Secretary, or any property in the control of the Secretary, prior to
the entry of final judgment to such effect in any State, Federal, or
other court.
``(k) Investigation Charge.--The Secretary may charge and collect
from each applicant a reasonable charge for appraisal of the value of
the equipment or facilities for which the direct loan or loan guarantee
is sought, and for making necessary determinations and findings. Such
charge shall not aggregate more than one-half of 1 percent of the
principal amount of the obligation.'';
(2) <<NOTE: 45 USC 8253et seq.>> by striking sections 505
through 515 (other than 511(c)), 517, and 518;
(3) in section 511(c) <<NOTE: 45 USC 831.>> by striking
``this section'' and inserting ``section 502'';
(4) by moving subsection (c) of section 511 (as amended by
paragraph (3) of this section) from section 511 to section 503
(as inserted by paragraph (1) of this section), <<NOTE: 45 USC
831, 823.>> inserting it after subsection (a), and
redesignating it as subsection (b); and
(5) by redesignating section 516 as section 504. <<NOTE: 45
USC 836.>>
(b) Technical and Conforming Provisions.--
(1) Table of contents.--The table of contents of title V of
the Railroad Revitalization and Regulatory Reform Act of 1976 is
amended by striking the items relating to sections 502 through
518 and inserting the following:
``Sec. 502. Direct loans and loan guarantees.
``Sec. 503. Administration of direct loans and loan guarantees.
``Sec. 504. Employee protection.''.
(2) <<NOTE: 45 USC 821 note.>> Savings provision.--A
transaction entered into under the authority of title V of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45
U.S.C. 821 et seq.) before the date of enactment of this Act
shall be administered until completion under its terms as if
this Act were not enacted.
(3) Repeal.--Section 211(i) of the Regional Rail
Reorganization Act of 1973 (45 U.S.C. 721(i)) is repealed.
SEC. 7204. ALASKA RAILROAD. <<NOTE: 45 USC 1207 note.>>
(a) Grants.--The Secretary may make grants to the Alaska Railroad
for capital rehabilitation of and improvements to its passenger
services.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,250,000 for each of fiscal
years 1998 through 2003.
Subtitle C--Comprehensive One-Call Notification
SEC. 7301. FINDINGS. <<NOTE: 49 USC 6101 note.>>
Congress finds that--
(1) unintentional damage to underground facilities during
excavation is a significant cause of disruptions in
telecommunications, water supply, electric power, and other
vital public services, such as hospital and air traffic control
operations, and is a leading cause of natural gas and hazardous
liquid pipeline accidents;
(2) excavation that is performed without prior notification
to an underground facility operator or with inaccurate or
untimely marking of such a facility prior to excavation can
cause damage that results in fatalities, serious injuries, harm
to the environment and disruption of vital services to the
public; and
(3) protection of the public and the environment from the
consequences of underground facility damage caused by
excavations will be enhanced by a coordinated national effort to
improve one-call notification programs in each State and the
effectiveness and efficiency of one-call notification systems
that operate under such programs.
SEC. 7302. ONE-CALL NOTIFICATION PROGRAMS.
(a) In General.--Subtitle III of title 49, United States Code, is
amended by adding at the end thereof the following:
``CHAPTER 61--ONE-CALL NOTIFICATION PROGRAMS
``Sec.
``6101. Purposes.
``6102. Definitions.
``6103. Minimum standards for State one-call notification programs.
``6104. Compliance with minimum standards.
``6105. Review of one-call system best practices.
``6106. Grants to States.
``6107. Authorization of appropriations.
``6108. Relationship to State laws.
``Sec. 6101. Purposes
``The purposes of this chapter are--
``(1) to enhance public safety;
``(2) to protect the environment;
``(3) to minimize risks to excavators; and
``(4) to prevent disruption of vital public services,
by reducing the incidence of damage to underground facilities during
excavation through the voluntary adoption and efficient implementation
by all States of State one-call notification programs that meet the
minimum standards set forth under section 6103.
``Sec. 6102. Definitions
``In this chapter, the following definitions apply:
``(1) One-call notification system.--The term `one-call
notification system' means a system operated by an organization
that has as 1 of its purposes to receive notification from
excavators of intended excavation in a specified area in order
to disseminate such notification to underground facility
operators that are members of the system so that such operators
can locate and mark their facilities in order to prevent damage
to underground facilities in the course of such excavation.
``(2) State one-call notification program.--The term `State
one-call notification program' means the State statutes,
regulations, orders, judicial decisions, and other elements of
law and policy in effect in a State that establish the
requirements for the operation of one-call notification systems
in such State.
``(3) State.--The term `State' means a State, the District
of Columbia, and Puerto Rico.
``(4) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``Sec. 6103. Minimum standards for State one-call notification programs
``(a) Minimum Standards.--In order to qualify for a grant under
section 6106, a State one-call notification program shall, at a minimum,
provide for--
``(1) appropriate participation by all underground facility
operators;
``(2) appropriate participation by all excavators; and
``(3) flexible and effective enforcement under State law
with respect to participation in, and use of, one-call
notification systems.
``(b) Appropriate Participation.--In determining the appropriate
extent of participation required for types of underground facilities or
excavators under subsection (a), a State shall assess, rank, and take
into consideration the risks to the public safety, the environment,
excavators, and vital public services associated with--
``(1) damage to types of underground facilities; and
``(2) activities of types of excavators.
``(c) Implementation.--A State one-call notification program also
shall, at a minimum, provide for--
``(1) consideration of the ranking of risks under subsection
(b) in the enforcement of its provisions;
``(2) a reasonable relationship between the benefits of one-
call notification and the cost of implementing and complying
with the requirements of the State one-call notification
program; and
``(3) voluntary participation where the State determines
that a type of underground facility or an activity of a type of
excavator poses a de minimis risk to public safety or the
environment.
``(d) Penalties.--To the extent the State determines appropriate and
necessary to achieve the purposes of this chapter, a State one-call
notification program shall, at a minimum, provide for--
``(1) administrative or civil penalties commensurate with
the seriousness of a violation by an excavator or facility owner
of a State one-call notification program;
``(2) increased penalties for parties that repeatedly damage
underground facilities because they fail to use one-call
notification systems or for parties that repeatedly fail to
provide timely and accurate marking after the required call has
been made to a one-call notification system;
``(3) reduced or waived penalties for a violation of a
requirement of a State one-call notification program that
results in, or could result in, damage that is promptly reported
by the violator;
``(4) equitable relief; and
``(5) citation of violations.
``Sec. 6104. Compliance with minimum standards
``(a) Requirement.--In order to qualify for a grant under section
6106, each State shall submit to the Secretary a grant application under
subsection (b). The State shall submit the application not later than 2
years after the date of enactment of this chapter.
``(b) Application.--
``(1) Upon application by a State, the Secretary shall
review that State's one-call notification program, including the
provisions for the implementation of the program and the record
of compliance and enforcement under the program.
``(2) Based on the review under paragraph (1), the Secretary
shall determine whether the State's one-call notification
program meets the minimum standards for such a program set forth
in section 6103 in order to qualify for a grant under section
6106.
``(3) In order to expedite compliance under this section,
the Secretary may consult with the State as to whether an
existing State one-call notification program, a specific
modification thereof, or a proposed State program would result
in a positive determination under paragraph (2).
``(4) The Secretary shall prescribe the form and manner of
filing an application under this section that shall provide
sufficient information about a State's one-call notification
program for the Secretary to evaluate its overall effectiveness.
Such information may include the nature and reasons for
exceptions from required participation, the types of enforcement
available, and such other information as the Secretary deems
necessary.
``(5) The application of a State under paragraph (1) and the
record of actions of the Secretary under this section shall be
available to the public.
``(c) Alternative Program.--A State is eligible to receive a grant
under section 6106 if the State maintains an alternative one-call
notification program that provides protection for public safety,
excavators, and the environment that is equivalent to, or greater than,
protection provided under a program that meets the minimum standards set
forth in section 6103.
``(d) Report.--Within 3 years after the date of the enactment of
this chapter, the Secretary shall begin to include the following
information in reports submitted under section 60124 of this title--
``(1) a description of the extent to which each State has
adopted and implemented the minimum Federal standards under
section 6103 or maintains an alternative program under
subsection (c);
``(2) an analysis by the Secretary of the overall
effectiveness of each State's one-call notification program and
the one-call notification systems operating under such program
in achieving the purposes of this chapter;
``(3) the impact of each State's decisions on the extent of
required participation in one-call notification systems on
prevention of damage to underground facilities; and
``(4) areas where improvements are needed in one-call
notification systems in operation in each State.
The report shall also include any recommendations the Secretary
determines appropriate. If the Secretary determines that the purposes of
this chapter have been substantially achieved, no further report under
this section shall be required.
``Sec. 6105. Review of one-call system best practices
``(a) Study of Existing One-Call Systems.--Except as provided in
subsection (d), the Secretary, in consultation with other appropriate
Federal agencies, State agencies, one-call notification system
operators, underground facility operators, excavators, and
other interested parties, shall undertake a study of damage prevention
practices associated with existing one-call notification systems.
``(b) Purpose of Study of Damage Prevention Practices.--The purpose
of the study is to gather information in order to determine which
existing one-call notification systems practices appear to be the most
effective in protecting the public, excavators, and the environment and
in preventing disruptions to public services and damage to underground
facilities. As part of the study, the Secretary shall consider, at a
minimum--
``(1) the methods used by one-call notification systems and
others to encourage participation by excavators and owners of
underground facilities;
``(2) the methods by which one-call notification systems
promote awareness of their programs, including use of public
service announcements and educational materials and programs;
``(3) the methods by which one-call notification systems
receive and distribute information from excavators and
underground facility owners;
``(4) the use of any performance and service standards to
verify the effectiveness of a one-call notification system;
``(5) the effectiveness and accuracy of mapping used by one-
call notification systems;
``(6) the relationship between one-call notification systems
and preventing damage to underground facilities;
``(7) how one-call notification systems address the need for
rapid response to situations where the need to excavate is
urgent;
``(8) the extent to which accidents occur due to errors in
marking of underground facilities, untimely marking or errors in
the excavation process after a one-call notification system has
been notified of an excavation;
``(9) the extent to which personnel engaged in marking
underground facilities may be endangered;
``(10) the characteristics of damage prevention programs the
Secretary believes could be relevant to the effectiveness of
State one-call notification programs; and
``(11) the effectiveness of penalties and enforcement
activities under State one-call notification programs in
obtaining compliance with program requirements.
``(c) Report.--Within 1 year after the date of the enactment of this
chapter, the Secretary shall publish a report identifying those
practices of one-call notification systems that are the most and least
successful in--
``(1) preventing damage to underground facilities; and
``(2) providing effective and efficient service to
excavators and underground facility operators.
The Secretary shall encourage each State and operator of one-call
notification programs to adopt and implement those practices identified
in the report that the State determines are the most appropriate.
``(d) Secretarial Discretion.--Prior to undertaking the study
described in subsection (a), the Secretary shall determine whether
timely information described in subsection (b) is readily available. If
the Secretary determines that such information is readily available, the
Secretary is not required to carry out the study.
``Sec. 6106. Grants to States
``(a) In General.--The Secretary may make a grant of financial
assistance to a State that qualifies under section 6104(b) to assist in
improving--
``(1) the overall quality and effectiveness of one-call
notification systems in the State;
``(2) communications systems linking one-call notification
systems;
``(3) location capabilities, including training personnel
and developing and using location technology;
``(4) record retention and recording capabilities for one-
call notification systems;
``(5) public information and education;
``(6) participation in one-call notification systems; or
``(7) compliance and enforcement under the State one-call
notification program.
``(b) State Action Taken Into Account.--In making grants under this
section, the Secretary shall take into consideration the commitment of
each State to improving its State one-call notification program,
including legislative and regulatory actions taken by the State after
the date of enactment of this chapter.
``(c) Funding for One-Call Notification Systems.--A State may
provide funds received under this section directly to any one-call
notification system in such State that substantially adopts the best
practices identified under section 6105.
``Sec. 6107. Authorization of appropriations
``(a) For Grants to States.--There are authorized to be appropriated
to the Secretary to provide grants to States under section 6106
$1,000,000 for fiscal year 2000 and $5,000,000 for fiscal year 2001.
Such funds shall remain available until expended.
``(b) For Administration.--There are authorized to be appropriated
to the Secretary such sums as may be necessary to carry out sections
6103, 6104, and 6105 for fiscal years 1999, 2000, and 2001.
``(c) General Revenue Funding.--Any sums appropriated under this
section shall be derived from general revenues and may not be derived
from amounts collected under section 60301 of this title.
``Sec. 6108. Relationship to State laws
``Nothing in this chapter preempts State law or shall impose a new
requirement on any State or mandate revisions to a one-call system.''.
(b) Conforming Amendment.--The table of chapters for subtitle III of
such title is amended by adding at the end thereof the following:
``61. ONE-CALL NOTIFICATION PROGRAMS.............................6101''.
<<NOTE: Sportfishing and Boating Safety Act of 1998.>> Subtitle D--
Sportfishing and Boating Safety
SEC. 7401. SHORT TITLE; AMENDMENT OF 1950 ACT.
(a) <<NOTE: 16 USC 777 note.>> Short Title.--This subtitle may be
cited as the ``Sportfishing and Boating Safety Act of 1998''.
(b) Amendment of 1950 Act.--Whenever in this subtitle an amendment
or repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision of the 1950 Act, the reference shall be
considered to be made to a section or other provision of the Act
entitled ``An Act to provide that the United States shall aid the States
in fish restoration and management projects, and for other purposes,''
approved August 9, 1950 (16 U.S.C. 777 et seq.).
SEC. 7402. OUTREACH AND COMMUNICATIONS PROGRAMS.
(a) Definitions.--Section 2 of the 1950 Act (16 U.S.C. 777a) is
amended--
(1) by indenting the left margin of so much of the text as
precedes ``(a)'' by 2 ems;
(2) by inserting ``For purposes of this Act--'' after the
section heading;
(3) by striking ``For the purpose of this Act the'' in the
first paragraph and inserting ``(1) the'';
(4) by indenting the left margin of so much of the text as
follows ``include--'' by 4 ems;
(5) by striking ``(a)'', ``(b)'', ``(c)'', and ``(d)'' and
inserting ``(A)'', ``(B)'', ``(C)'', and ``(D)'', respectively;
(6) by striking ``department.'' and inserting
``department;''; and
(7) by adding at the end the following:
``(2) the term `outreach and communications program' means a
program to improve communications with anglers, boaters, and the
general public regarding angling and boating opportunities, to
reduce barriers to participation in these activities, to advance
adoption of sound fishing and boating practices, to promote
conservation and the responsible use of the Nation's aquatic
resources, and to further safety in fishing and boating; and
``(3) the term `aquatic resource education program' means a
program designed to enhance the public's understanding of
aquatic resources and sportfishing, and to promote the
development of responsible attitudes and ethics toward the
aquatic environment.''.
(b) Funding for Outreach and Communications Program.--Section 4 of
the 1950 Act (16 U.S.C. 777c) is amended--
(1) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively;
(2) by inserting after subsection (b) the following:
``(c) National Outreach and Communications Program.--Of the balance
of each such annual appropriation remaining after making the
distribution under subsections (a) and (b), respectively, an amount
equal to--
``(1) $5,000,000 for fiscal year 1999;
``(2) $6,000,000 for fiscal year 2000;
``(3) $7,000,000 for fiscal year 2001;
``(4) $8,000,000 for fiscal year 2002; and
``(5) $10,000,000 for fiscal year 2003;
shall be used for the National Outreach and Communications Program under
section 8(d). Such amounts shall remain available for 3 fiscal years,
after which any portion thereof that is unobligated by the Secretary of
the Interior for that program may be expended by the Secretary under
subsection (e).'';
(3) in subsection (d), as redesignated, by inserting ``, for
an outreach and communications program'' after ``Act'';
(4) in subsection (d), as redesignated, by striking
``subsections (a) and (b),'' and inserting ``subsections (a),
(b), and (c),'';
(5) by adding at the end of subsection (d), as redesignated,
the following: ``Of the sum available to the Secretary of the
Interior under this subsection for any fiscal year, up to
$2,500,000 may be used for the National Outreach and
Communications Program under section 8(d) in addition to the
amount available for that program under subsection (c). No funds
available to the Secretary under this subsection may be used to
replace funding traditionally provided through general
appropriations, nor for any purposes except those purposes
authorized by this Act. The Secretary <<NOTE: Federal Register,
publication.>> shall publish a detailed accounting of the
projects, programs, and activities funded under this subsection
annually in the Federal Register.''; and
(6) in subsection (e), as redesignated, by striking
``subsections (a), (b), and (c),'' and inserting ``subsections
(a), (b), (c), and (d),''.
(c) Increase in State Allocation.--Section 8 of the 1950 Act (16
U.S.C. 777g) is amended--
(1) by striking ``12 1/2 percentum'' each place it appears
in subsection (b) and inserting ``15 percent'';
(2) by striking ``10 percentum'' in subsection (c) and
inserting ``15 percent'';
(3) by inserting ``and communications'' in subsection (c)
after ``outreach''; and
(4) by redesignating subsection (d) as subsection (f); and
by inserting after subsection (c) the following:
``(d) National Outreach and Communications Program.--
``(1) Implementation.--Within 1 year after the date of
enactment of the Sportfishing and Boating Safety Act of 1998,
the Secretary of the Interior shall develop and implement, in
cooperation and consultation with the Sport Fishing and Boating
Partnership Council, a national plan for outreach and
communications.
``(2) Content.--The plan shall provide--
``(A) guidance, including guidance on the
development of an administrative process and funding
priorities, for outreach and communications programs;
and
``(B) for the establishment of a national program.
``(3) Secretary may match or fund programs.--Under the plan,
the Secretary may obligate amounts available under subsection
(c) or (d) of section 4 of this Act--
``(A) to make grants to any State or private entity
to pay all or any portion of the cost of carrying out
any outreach and communications program under the plan;
or
``(B) to fund contracts with States or private
entities to carry out such a program.
``(4) Review.--The plan shall be reviewed periodically, but
not less frequently than once every 3 years.
``(e) State Outreach and Communications Program.--Within 12 months
after the completion of the national plan under subsection (d)(1), a
State shall develop a plan for an outreach and
communications program and submit it to the Secretary. In developing the
plan, a State shall--
``(1) review the national plan developed under subsection
(d);
``(2) consult with anglers, boaters, the sportfishing and
boating industries, and the general public; and
``(3) establish priorities for the State outreach and
communications program proposed for implementation.''.
SEC. 7403. CLEAN VESSEL ACT FUNDING.
Section 4(b) of the 1950 Act (16 U.S.C. 777c(b)) is amended to read
as follows:
``(b) Use of Balance After Distribution.--
``(1) Fiscal year 1998.--In fiscal year 1998, an amount
equal to $20,000,000 of the balance remaining after the
distribution under subsection (a) shall be transferred to the
Secretary of Transportation and shall be expended for State
recreational boating safety programs under section 13106(a)(1)
of title 46, United States Code.
``(2) Fiscal year 1999.--For fiscal year 1999, of the
balance of each annual appropriation remaining after making the
distribution under subsection (a), an amount equal to
$74,000,000, reduced by 82 percent of the amount appropriated
for that fiscal year from the Boat Safety Account of the Aquatic
Resources Trust Fund established by section 9504 of the Internal
Revenue Code of 1986 to carry out the purposes of section
13106(a) of title 46, United States Code, shall be used as
follows:
``(A) $10,000,000 shall be available to the
Secretary of the Interior for 3 fiscal years for
obligation for qualified projects under section 5604(c)
of the Clean Vessel Act of 1992 (33 U.S.C. 1322 note).
``(B) The balance remaining after the application of
subparagraph (A) shall be transferred to the Secretary
of Transportation and shall be expended for State
recreational boating safety programs under section 13106
of title 46, United States Code.
``(3) Fiscal years 2000-2003.--For each of fiscal years 2000
through 2003, of the balance of each annual appropriation
remaining after making the distribution under subsection (a), an
amount equal to $82,000,000, reduced by 82 percent of the amount
appropriated for that fiscal year from the Boat Safety Account
of the Aquatic Resources Trust Fund established by section 9504
of the Internal Revenue Code of 1986 to carry out the purposes
of section 13106(a) of title 46, United States Code, shall be
used as follows:
``(A) $10,000,000 shall be available for each fiscal
year to the Secretary of the Interior for 3 fiscal years
for obligation for qualified projects under section
5604(c) of the Clean Vessel Act of 1992 (33 U.S.C. 1322
note).
``(B) $8,000,000 shall be available for each fiscal
year to the Secretary of the Interior for 3 fiscal years
for obligation for qualified projects under section
6404(d) of the Sportfishing and Boating Safety Act of
1998.
``(C) The balance remaining after the application of
subparagraphs (A) and (B) shall be transferred for each
such fiscal year to the Secretary of Transportation and
shall be expended for State recreational boating safety
programs under section 13106 of title 46, United States
Code.
``(4) Transfer of certain funds.--Amounts available under
subparagraph (A) of paragraph (2) and subparagraphs (A) and (B)
of paragraph (3) that are unobligated by the Secretary of the
Interior after 3 fiscal years shall be transferred to the
Secretary of Transportation and shall be expended for State
recreational boating safety programs under section 13106(a) of
title 46, United States Code.''.
SEC. <<NOTE: 16 USC 777g-1.>> 7404. BOATING INFRASTRUCTURE.
(a) Purpose.--The purpose of this section is to provide funds to
States for the development and maintenance of facilities for transient
nontrailerable recreational vessels.
(b) Survey.--Section 8 of the 1950 Act (16 U.S.C. 777g), as amended
by section 6402, is amended by adding at the end thereof the following:
``(g) Surveys.--
``(1) National framework.--Within 6 months after the date of
enactment of the Sportfishing and Boating Safety Act of 1998,
the Secretary, in consultation with the States, shall adopt a
national framework for a public boat access needs assessment
which may be used by States to conduct surveys to determine the
adequacy, number, location, and quality of facilities providing
access to recreational waters for all sizes of recreational
boats.
``(2) State surveys.--Within 18 months after such date of
enactment, each State that agrees to conduct a public boat
access needs survey following the recommended national framework
shall report its findings to the Secretary for use in the
development of a comprehensive national assessment of
recreational boat access needs and facilities.
``(3) Exception.--Paragraph (2) does not apply to a State
if, within 18 months after such date of enactment, the Secretary
certifies that the State has developed and is implementing a
plan that ensures there are and will be public boat access
adequate to meet the needs of recreational boaters on its
waters.
``(4) Funding.--A State that conducts a public boat access
needs survey under paragraph (2) may fund the costs of
conducting that assessment out of amounts allocated to it as
funding dedicated to motorboat access to recreational waters
under subsection (b)(1) of this section.''.
(c) Plan.--Within 6 months after submitting a survey to the
Secretary under section 8(g) of the Act entitled ``An Act to provide
that the United States shall aid the States in fish restoration and
management projects, and for other purposes,'' approved August 9, 1950
(16 U.S.C. 777g(g)), as added by subsection (b) of this section, a State
may develop and submit to the Secretary a plan for the construction,
renovation, and maintenance of facilities for transient nontrailerable
recreational vessels, and access to those facilities, to meet the needs
of nontrailerable recreational vessels operating on navigable waters in
the State.
(d) Grant Program.--
(1) Matching grants.--The Secretary of the Interior shall
obligate amounts made available under section 4(b)(3)(B) of the
Act entitled ``An Act to provide that the United States
shall aid the States in fish restoration and management
projects, and for other purposes,'' approved August 9, 1950, as
amended by this Act, to make grants to any State to pay not more
than 75 percent of the cost to a State of constructing,
renovating, or maintaining facilities for transient
nontrailerable recreational vessels.
(2) Priorities.--In awarding grants under paragraph (1), the
Secretary shall give priority to projects that--
(A) consist of the construction, renovation, or
maintenance of facilities for transient nontrailerable
recreational vessels in accordance with a plan submitted
by a State under subsection (c);
(B) provide for public/private partnership efforts
to develop, maintain, and operate facilities for
transient nontrailerable recreational vessels; and
(C) propose innovative ways to increase the
availability of facilities for transient nontrailerable
recreational vessels.
(e) Definitions.--For purposes of this section, the term--
(1) ``nontrailerable recreational vessel'' means a
recreational vessel 26 feet in length or longer--
(A) operated primarily for pleasure; or
(B) leased, rented, or chartered to another for the
latter's pleasure;
(2) ``facilities for transient nontrailerable recreational
vessels'' includes mooring buoys, day-docks, navigational aids,
seasonal slips, safe harbors, or similar structures located on
navigable waters, that are available to the general public (as
determined by the Secretary of the Interior) and designed for
temporary use by nontrailerable recreational vessels; and
(3) ``State'' means each of the several States of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
SEC. 7405. BOAT SAFETY FUNDS.
(a) Availability of Allocations.--Section 13104(a) of title 46,
United States Code, is amended--
(1) in paragraph (1), by striking ``3 years'' and inserting
``2 years''; and
(2) in paragraph (2), by striking ``3-year'' and inserting
``2-year''.
(b) Expenditures.--Section 13106 of title 46, United States Code, is
amended--
(1) by striking the first sentence of subsection (a)(1) and
inserting the following: ``Subject to paragraph (2) and
subsection (c), the Secretary shall expend in each fiscal year
for State recreational boating safety programs, under contracts
with States under this chapter, an amount equal to the sum of
(A) the amount appropriated from the Boat Safety Account for
that fiscal year and (B) the amount transferred to the Secretary
under section 4(b) of the Act of August 9, 1950 (16 U.S.C.
777c(b)).'';
(2) in subsection (a)(2), by striking ``appropriated'' and
inserting ``available''; and
(3) by striking subsection (c) and inserting the following:
``(c) Of the amount transferred for each fiscal year to the
Secretary of Transportation under paragraphs (2) and (3) of section
4(b) of the Act of August 9, 1950 (16 U.S.C. 777c(b)), $5,000,000 is
available to the Secretary for payment of expenses of the Coast Guard
for personnel and activities directly related to coordinating and
carrying out the national recreational boating safety program under this
title, of which $2,000,000 shall be available to the Secretary only to
ensure compliance with chapter 43 of this title. No funds available to
the Secretary under this subsection may be used to replace funding
traditionally provided through general appropriations, nor for any
purposes except those purposes authorized by this section. Amounts made
available by this subsection shall remain available until expended. The
Secretary <<NOTE: Federal Register, publication.>> shall publish
annually in the Federal Register a detailed accounting of the projects,
programs, and activities funded under this subsection.''.
(c) Conforming Amendments.--
(1) The heading for section 13106 of title 46, United States
Code, is amended to read as follows:
``Sec. 13106. Authorization of appropriations''.
(2) The chapter analysis for chapter 131 of title 46, United
States Code, is amended by striking the item relating to section
13106 and inserting the following:
``13106. Authorization of appropriations.''.
