102nd Congress > Senate > Vote 96
Clerk session vote number: 96
Description: To make improvements in Federal-aid highways, and for other purposes.
Bill summary: Surface Transportation Efficiency Act of 1991
Title I: - Part A: General Provisions
- Declares that: (1) the National System of Interstate and Defense Highways is completed; (2) the principal purpose of Federal highway assistance shall henceforth be to improve the efficiency of the existing surface transportation system; and (3) it is U.S. policy to facilitate innovation and competition in transportation modes through Federal and State initiative, and to increase productivity in the
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transportation sector of the economy through systematic attention to costs and benefits.
Directs the Secretary of Transportation (Secretary) to distribute copies of the Declaration of Policy to each employee of the Federal Highway Administration (FHWA) and to ensure that such Declaration is posted in all FHWA offices.
Authorizes appropriations out of the Highway Account of the Highway Trust Fund (HTF) for the following programs: (1) surface transportation; (2) congestion mitigation and air quality improvement; (3) bridges; (4) interstate maintenance; (5) interstate construction (but repeals the existing FY 1993 authorization and a provision regarding minimum apportionments); (6) interstate substitution; (7) Federal lands highway; (8) territorial highway; (9) national magnetic levitation design; (10) FHWA research; (11) university transportation center; (12) highway use tax evasion; and (13) safety belt and motorcycle helmet use.
Sets forth provisions with respect to obligation ceilings for Federal-aid highway programs, redistribution of unused obligation authority, and specified limitations.
Directs the Secretary to establish a surface transportation program (STP) to fund projects such as: (1) construction, restoration, and operational improvement for highways and bridges, including the seismic retrofit, painting of, and application of calcium magnesium acetate on bridges and other elevated structures; (2) capital costs for mass transit, passenger rail, operating costs for passenger rail for States without Amtrak service as of the date of enactment of this Act, publicly owned intra- or inter-city bus terminals and facilities, and magnetic levitation systems; (3) carpool projects and parking and bicycle facilities and programs; (4) safety improvements and programs; (5) research and development; (6) transportation control measures under the Clean Air Act (CAA); and (7) incremental costs attributable to the use of alternative fuels by school buses; and (8) other purposes approved by the Secretary. Authorizes the use of STP funds to mitigate wetland loss related to, and to conserve and restore wetlands adversely affected by, highway construction, subject to specified limitations.
Requires that 75 percent of STP funds be divided, based on their relative share of the State's population, between regions consisting of areas of the State with a metropolitan statistical area (MSA) population of over 250,000 and all other areas of the State. Authorizes the distribution of the remaining 25 percent to any area of the State. Makes such requirements inapplicable to any State which is noncontiguous with the continental United States. Specifies that at least eight percent of the funds apportioned to a State must be reprogrammed for transportation enhancement activities.
Specifies that: (1) the Federal share for projects under the STP is 80 percent, unless funds apportioned are used to construct new facilities or expand existing facilities available primarily to single-occupant vehicles (SOVs), in which case the Federal share is 75 percent; and (2) if the State constructs a facility not available to SOVs and subsequently makes the facility available to such vehicles, the State must repay with interest the increase in the Federal share of the project.
Sets forth additional administrative requirements, including the requirement that the State submit an annual certification that it will meet all the requirements of this Act. Requires: (1) the State to notify the Secretary of the amount of obligations it plans to incur for STP projects during the fiscal year; and (2) the Secretary to use estimates prepared by the Secretary of Commerce when determining population figures.
Provides for an energy conservation, congestion mitigation, and clean air bonus program. Specifies that, beginning in FY 1993, for States with one or more MSAs with a population of 250,000 or more: (1) the amount of each State's STP funds shall be reduced by a factor of .9 if the State's vehicle miles of travel (VMT) per capita is more than 110 percent of its VMT in the base year (defined as 1990 for FY 1993 through 1995, and 1995 for subsequent fiscal years); and (2) such reductions in apportionments shall be placed in a Surface Transportation Bonus Fund to be used to increase the amount of STP funds by a factor of 1.1 for each affected State if such State's VMT per capita is less than 90 percent of its VMT per capita in the base year.
Specifies that the Federal share of capital projects that add capacity available to SOVs shall be 75 percent and for all other projects, including projects for high occupancy vehicles (HOVs) that permit SOV use during the off-peak periods, shall be 80 percent of construction costs. Directs the Secretary to develop and make available to the States guidance on how to determine what portion of a project qualifies for an 80 percent Federal share.
Repeals a provision authorizing the Secretary to approve as a project on any Federal-aid system the construction of exclusive or preferential truck lanes.
Authorizes: (1) the Secretary to establish a congestion mitigation and air quality improvement program; and (2) funds under such program to be spent on projects that will contribute to attainment of air quality standards as determined by the guidance to be issued under the CAA by the Environmental Protection Agency (EPA) (with exceptions), a State implementation under such Act, or the Secretary.
Provides for the apportionment of funds to States based on their non-attainment area population, adjusted for the severity of the non-attainment problem. Specifies that the Federal/State match shall be 80/20. Makes apportionments under this Act available in nonattainment areas, with urbanized populations over 50,000 receiving funds in proportion to their relative share of weighted nonattainment area population. Specifies minimum apportionments for States subject to specified air pollution control measures.
Specifies that the Federal/State match to repair or replace existing bridges without increasing capacity shall be 80/20, but the match for construction of new capacity on existing bridges or construction of new bridges shall be 75/25 (currently, the match is 80/20 in any case).
Makes bridge painting, seismic retrofit, and maintenance eligible uses of Federal funds.
Repeals the discretionary bridge program.
Directs the Secretary to: (1) develop and make available to the States criteria for determining what share of a project is attributable to the expansion of bridge capacity where the new capacity is available to SOVs; and (2) establish "level of service" criteria for the bridge program.
Authorizes the transfer of up to 60 percent of the apportionment of bridge program funds to either the STP or the interstate maintenance program, subject to specified conditions.
Bars the use of interstate maintenance funds to expand the capacity of any interstate highway or bridge where such new capacity consists of one or more new travel lanes that are not HOV or auxiliary lanes.
Authorizes the States to transfer to the STP up to 20 percent of interstate maintenance money and larger amounts if a State can demonstrate to the Secretary that it is adequately maintaining its interstate highways.
Changes the Federal/State match for interstate maintenance from 90/10 to 80/20.
Authorizes the Secretary to develop and make available to the States criteria for determining: (1) the share of a interstate maintenance project that is attributable to the expansion of the capacity of an interstate highway; and (2) what constitutes adequate maintenance.
Specifies that segments added to Interstate System (ISS) before January 1, 1984, shall be counted towards a State apportionment of interstate maintenance funds.
Directs the Secretary to make apportionments to the States to finish outstanding projects, except that specific amounts are specified for Massachusetts.
Combines the public lands highways and forest highways accounts of the current Federal lands program. Provides for the apportionment of funds based on the existing formula for the forest highways program. Makes funds available for each class of Federal lands highways available for transportation planning for tourism and recreational travel, interpretive signage, acquisition of scenic or historic sites, provision for pedestrians and bicycles, construction and reconstruction of roadside rest areas, and other appropriate public road facilities as determined by the Secretary.
Directs the Secretary to transfer to the Secretary of the Interior from the appropriation for public lands highways amounts as necessary to cover administrative costs of the Bureau of Land Management in connection with public lands highways.
Increases from $15,000 to $50,000 the threshold for construction costs of forest development roads and trails in determining whether to advertise and let a contract or have the work done by the Secretary of Agriculture.
Requires that $20,000,000 be made available for FY 1992 through 1996 for continued rehabilitation of federally-owned highways under the Federal lands highway program.
Authorizes the use of funds allocated for Indian reservation roads to fund road projects on roads of tribally controlled postsecondary and vocational institutions.
Specifies that two percent of funds allocated for Indian reservation roads shall be allocated to those Indian tribal governments applying for transportation planning pursuant to the Indian Self Determination and Education Assistance Act. Directs the Indian tribal government to develop a transportation improvement program (TIP). Specifies that projects shall be selected by the Indian tribal government from the TIP and be subject to the approval of the Secretary and the Secretary of the Interior.
Repeals the current national policy against tolls on roads built or maintained with Federal funds. Authorizes the use of Federal funds, with exceptions, to: (1) build new toll roads at a 35/65 Federal/non-Federal cost share; and (2) convert existing non-tolled facilities to toll facilities at an 80/20 cost share. Prohibits the imposition of new tolls on the IS.
Authorizes the Secretary to permit Federal participation in the construction of ferryboats and ferry approaches, subject to specified conditions.
Directs the Secretary to solicit participation of State and local governments and public authorities for one or more congestion pricing pilot projects. Authorizes the Secretary to enter into cooperative agreements with up to five such State or local governments or public authorities to establish, maintain, and monitor congestion pricing projects. Specifies the Federal share (100 percent for not more than three years). Directs the Secretary to fund all development and startup costs of such projects for at least one year and thereafter until sufficient revenues are generated by the program to fund its operating costs without Federal participation. Sets forth monitoring and reporting requirements. Directs the Secretary to renegotiate specified agreements to permit the continuance of existing toll facilities without repayment of Federal funds, with exceptions.
Requires (currently, authorizes) the designation of a metropolitan planning organization (MPO) for each urbanized area of a State over 50,000 population within any State by agreement among the Governor and the units of general purpose local government. Requires that: (1) MPOs in existence on or before October 1, 1991, be considered so designated; and (2) representative portions of multi-State metropolitan areas, where feasible, provide for coordinated transportation planning for the entire metropolitan area by adopting a single TIP for such area. Authorizes the Governor of any State to enter into such agreements as necessary with the Governor of any other State to provide for comprehensive multi-State transportation planning for metropolitan areas that encompass portions of more than one State.
Specifies that: (1) plans developed by an MPO shall take into account the requirements of the CAA, local land use or energy plans, and other factors, such as the need for connectivity of roads within the metropolitan area with those outside such area; and (2) the MPO shall develop a TIP that is consistent with the long range transportation plan developed by the MPO, that conforms with the applicable State implementation plan developed pursuant to the CAA, and that includes a priority list of projects to be carried out within three years after initial adoption of the program.
Sets forth provisions with respect to the selection of projects.
Increases the current Federal set-aside for metropolitan planning from .5 to one percent of Federal highway funds.
Requires each State to have management systems for bridges, pavement, safety, and congestion and a traffic monitoring system, as well as a planning process that takes into account land use, energy requirements, transportation needs, and other factors.
Requires States that contain non-attainment areas under the CAA to produce an annual State transportation plan, incorporating without amendment the provisions of any metropolitan area plan developed pursuant to this Act.
Directs the FHWA to conduct research on Intelligent Vehicle Highway Systems (IVHS) and other new technologies and to develop indicators to measure the performance of the surface transportation system with respect to productivity, efficiency, energy use, air quality, and other factors.
Directs the Secretary to create and administer a Dwight D. Eisenhower transportation research fellowship program.
Directs the Secretary, the governors of Arizona, California, New Mexico, and Texas, and appropriate representatives of Mexico to assess the need for transportation infrastructure to facilitate trade between the United States and Mexico. Directs the Secretary the governors of specified States bordering Canada, and appropriate representatives of Canada to assess the need for transportation infrastructure to facilitate trade between the United States and Canada. Sets forth reporting requirements.
Changes the Federal/State match for State research activities from 85/15 to 80/20. Allows States to program research funds without approval of the Department of Transportation (DOT).
Establishes within DOT a Bureau of Transportation Statistics (BTS) which shall be responsible for: (1) compiling, analyzing, and publishing a comprehensive set of transportation statistics, including information such as productivity in the various portions of the transportation sectors, traffic flows, vehicle weights, travel costs, availability of mass transit, accidents, and collateral environmental damages; (2) promulgating guidelines for the collection of information; (3) coordinating such collection with related information-gathering activities conducted by other Federal agencies; (4) making readily accessible the statistics published under this title; and (5) identifying missing information, reviewing information needs at least annually, and making recommendations to the appropriate DOT research officials concerning research programs.
Requires the Director of BTS to: (1) pursue a comprehensive, long-term program for the collection and analysis of data relating to the performance of the national transportation system; (2) submit annually a Transportation Statistics Annual Report; and (3) appoint an Advisory Council on Transportation Statistics.
Requires the Secretary, within one year, to enter into an agreement with the National Academy of Sciences for a study, evaluation, and report of the adequacy of the data collection procedures and capabilities of DOT.
Directs the Secretary and the Director of BTS: (1) within three months, to undertake a comprehensive study of the most appropriate and accurate methods of calculating State levels of effort in funding STPS; and (2) within nine months, to provide a written report to specified congressional committees detailing the findings of the study and recommendations.
Directs the Administrator of the FHWA to: (1) conduct fundamental chemical and physical property studies of petroleum and modified asphalts used in highway construction in the United States with the primary emphasis of prediction of pavement performance; (2) contract with a non-profit organization with demonstrated expertise in research associated in such areas to undertake the necessary technical and analytical research in coordination with existing programs; and (3) implement a test strip to demonstrate and evaluate unique energy and environmental advantages of the use of shale oil modified asphalts under extreme climate conditions. Authorizes appropriations. Sets forth reporting requirements.
Authorizes the Secretary to: (1) undertake, on a cost-shared basis, collaborative research and development with non-Federal entities; and (2) enter into a cooperative research and development agreement. Specifies that the average Federal share in such agreements shall not exceed 50 percent, except that where there is substantial public interest or benefit the Secretary may approve a higher Federal level of participation. Specifies that: (1) cooperative research and development agreements shall recognize all directly related costs to the non-Federal partners, including personnel, travel, and hardware development; and (2) the research, development, or utilization of any technology pursuant to such an agreement shall be subject to provisions of the Stevenson-Wydler Technology Innovation Act of 1980.
Establishes a national magnetic levitation design program to be managed jointly by the Secretary of DOT and the Assistant Secretary of the Army for Civil Works. Requires such officials to establish a National Maglev Joint Project Office to carry out such program and to solicit bids from the private sector to design and construct a prototype magnetic levitation system.
Requires the Secretary and Assistant Secretary to develop a national strategic plan for the design and construction of a national magnetic levitation surface transportation system, which shall include consideration of other modes of high speed surface transportation, such as high speed rail. Requires the plan to be completed and transmitted to specified congressional committees within 18 months.
Specifies that: (1) phase one grants shall be given to up to six applicants to develop a conceptual design for the system at a 90/10 cost share; (2) phase two grants shall be given to up to three participants to develop detailed plans at an 80/20 cost share (and a contract for construction awarded at 75/25 cost share); and (3) the prototype shall be constructed and ready for operational testing within three years after the award of the grant and shall be converted to commercial operation after testing is complete.
Directs the Secretary, in any case where sufficient land exists within the publicly acquired rights-of-way of any highway constructed in whole or in part with Federal-aid highway funds to accommodate needed passenger or commuter high speed ground transportation (including magnetic levitation) systems and highway and non-highway public mass transit facilities, to authorize a State to make such lands and rights-of-way available without charge to a publicly or privately owned authority or company for such purposes. (Under current law, the Administrator may make such authorization to a publicly owned mass transit authority when in the public interest with respect to rights-of-way of a Federal-aid highway to accommodate needed rail or nonhighway public mass transit facilities where this can be accomplished without impairing automotive safety or future highway improvements.)
Makes a provision providing the States with a right to income from airspace rights-of-way contingent upon such States' permitting governmental use, use by public or private entities for high speed ground transportation systems, or other transit, utility use, and occupancy where such or occupancy is necessary for an authorized transportation project, or use for transportation projects eligible for assistance, without charge.
Directs the Secretary, by October 1, 1993, to update the findings of the report required by the Federal-Aid Highway Act of 1956 to determine the amount the United States could pay the States to reimburse them for segments incorporated into the IS that were constructed at non-Federal expenses.
Continues current law with respect to disadvantaged business enterprises. Modifies the dollar amount used to define a small business to adjust for inflation.
Directs the Comptroller General of the United States to: (1) conduct a study of the disadvantaged business enterprise program; and (2) submit a report on the findings of such study, within 12 months, to specified congressional committees.
Makes funds under Federal highway provisions available in the year in which they are apportioned or allocated and in the next three years.
Directs the Secretary to set aside $200,000,000 for interstate discretionary projects.
Requires that: (1) all STP projects be designed, constructed, operated, and maintained in accordance with applicable State requirements; and (2) the design and construction standards adopted by States for projects on principal arterials be those approved by the Secretary in cooperation with State highway departments and the American Association of State Highway and Transportation Officials.
Authorizes any State to request that the Secretary no longer review and approve design and construction standards for any project other than a project on an interstate highway or other multi-lane access control highways. Directs the Secretary, after receiving any such request, to undertake project review only as requested by the State, provided that such State complies with the requirements of all other applicable Federal laws and regulations.
Authorizes a State highway or transportation department to establish maintenance standards for projects constructed pursuant to Federal highway provisions, subject to annual approval by the Secretary (which may not be withheld if a State is meeting its own standards for routine maintenance).
Requires such department to establish the occupancy requirements of vehicles operating in HOV lanes, but requires no fewer than two occupants for such lanes.
Specifies that, for purposes of this Act, motorcycles and bicycles shall not be considered SOVs and that nothing in this Act alters the requirement that each State allow the operation of motorcycles in HOV lanes unless the State certifies that such operation would create a safety hazard.
Requires a State to repay all Federal funds for preliminary engineering for any project that has not advanced to construction or acquisition of right-of-way within ten years of receipt of such funds.
Specifies that projects that affect historic and scenic values may be designed to protect such values.
Requires States that do not adopt laws mandating the use of safety belts and motorcycle helmets to set aside a portion of funds received under the STP for highway safety programs (1.5 percent for noncompliance in FY 1994 and three percent thereafter).
Authorizes the Secretary to make grants for safety education, training, monitoring, and enforcement to States that adopt safety belt and helmet laws.
Directs the Secretary to conduct a study of restrained and unrestrained individuals injured in motor vehicle crashes and of helmetted and non-helmetted motorcyclists injured in motorcycle crashes, collecting and analyzing data from regional trauma systems regarding differences in: (1) the severity of injuries; and (2) acute, rehabilitative, and long-term costs; and (3) mortality and morbidity outcomes. Makes $5,000,000 available to carry out provisions regarding safety belt and motorcycle helmet use. Requires the Secretary to report the results of such study to the Congress within 40 months.
Allows a State to use as a credit toward meeting non-Federal matching requirements non-Federal capital expenditures on facilities that serve interstate commerce, provided such State maintains its aggregate non-Federal transportation capital spending at a level at or above the average of such spending for the preceding three fiscal years. Specifies that use of such credit shall not expose public, quasi-public, or private agencies from which the credit is calculated to any additional Federal oversight, regulation, or liability.
Increases the period within which construction must be commenced on a right-of-way funded from the right-of-way revolving fund from ten to 20 years.
Authorizes Federal reimbursement of a State for costs to acquire rights-of-way in advance of Federal approval or authorization and land necessary to preserve environmental and scenic values if specified conditions are met.
Eliminates the requirement that right-of-way revolving fund advances be for projects on the Federal-aid system.
Directs the Secretary to submit to the Congress a study of alternative transportation modes for use in the National Park System, considering economic and technical feasibility, environmental effects, projected costs and benefits, general suitability of transportation modes, and methods to obtain private capital for construction. Authorizes appropriations.
Requires the Secretary to revise the Manual of Uniform Traffic Control Devices to include a standard for a minimum level of retroreflectivity that must be maintained for pavement markings and signs and a standard to define the functional classification of roads that must have a center line, edge lines, or both.
Bars the Secretary from making grants under Federal highway provisions to States that fail to provide certification that the asphalt pavement laid in the State in a given year, which was financed in whole or in part by such grants, satisfies the minimum utilization requirement for asphalt rubber pavement (ARP) established by this title. Authorizes the Secretary to: (1) modify the minimum utilization requirement for ARP during a phase-in period if the Secretary determines that such a period is necessary to develop production and application facilities for ARP (but limits such period to six years after the enactment of this Act); and (2) increase the minimum utilization requirement for ARP to be used in federally-assisted highway projects to the extent technologically and economically feasible if appropriate to assure markets for the reuse and recycling of scrap tires.
Authorizes the Secretary to set aside such provisions for any three-year period based on a determination that there is reliable evidence indicating that manufacture, application, and use of ARP substantially increases risks to human health or the environment as compared to the risks associated with conventional pavement, that ARP cannot be recycled to the same degree as conventional pavement, or that ARP does not perform adequately as a material for the construction or surfacing of highways and roads. Specifies that any such determination may be made for specific States or regions considering climate, geography, and other factors unique to the State or region and that would prevent the adequate performance of ARP in such State or region.
Sets the minimum utilization requirement for ARP in federally-assisted highway projects at not less than an average of six pounds of rubber derived from scrap tires for each one ton of finished asphalt pavement used in such projects in the State. Authorizes the Secretary to grant a State credit toward the minimum utilization requirement for volumes of ARP used in other road and construction projects and for ARP containing rubber at rates less than or greater than six pounds per ton, subject to specified requirements.
Directs the Secretary to: (1) establish a minimum utilization requirement for ARP less than the minimum otherwise required in a particular State, upon the request of the State, if the Secretary determines that there is not a sufficient quantity of scrap tires available prior to disposal in the State to meet the minimum utilization requirement and each of the other recycling and processing uses for which scrap tires are required; and (2) conduct a program of research to determine the public health and environmental risks associated with the production and use of ARP, the performance of the ARP under various climate and use conditions, and the degree to which ARP can be recycled.
Expands projects eligible for right-of-way revolving fund advances to include passenger rail facilities.
Creates a national scenic and historic byways program and an Office of Scenic and Historic Byways within the FHWA. Directs: (1) such Office to provide technical assistance to the State and grants for the planning, design, and development of State scenic byway programs; and (2) the Secretary to establish criteria for roads to be designated as part of an All American Roads program, designate such roads, and establish criteria for the allocation of funds to the States. Authorizes appropriations.
Directs the Secretary, within two years, to submit to the Congress a proposal for a National Highway System (NHS) to provide an interconnected system of principal arterial routes, to meet national defense requirements, and to serve interstate and interregional travel. Specifies that such NHS shall consist of highways on the IS and other specified urban and rural principal arterials, including toll facilities.
Specifies that: (1) during the two-year period prior to the submission of the proposed NHS to the Congress, the interim NHS shall consist of the IS and such urban and rural principal arterials, including toll facilities, as designated by each State; (2) each State shall expend at least 17.5 percent of amounts authorized under this Act for each of FY 1992 and 1993 on such interim NHS; (3) a final NHS submitted to the Congress by the Secretary shall be designated in accordance with guidelines issued to the Congress by the Secretary which provide for equitable allocation of mileage among the States; and (4) if a State certifies to the Secretary that apportionments required to be spent on the NHS are in excess of amounts needed to adequately maintain the NHS routes within the State as determined by the bridge and pavement management systems, the State may transfer up to 20 percent of such amounts for any projects eligible under the STP.
Directs the States and U.S. territories to complete a functional reclassification, to be updated periodically, of all public roads by September 30, 1993.
Continues the authorization for the DOT's public information program, Operation Lifesaver.
Authorizes the Secretary to establish a timber bridge construction discretionary grant program. Makes $5,000,000 available for obligation at the Secretary's discretion for such program. Specifies that the Federal share payable on any timber bridge construction project shall be 80 percent. Establishes criteria for selecting and approving grants.
Authorizes the Secretary to establish a program of research on wood use in transportation structures. Makes $1,000,000 available for obligation at the Secretary's discretion for such program. Specifies that the Federal share payable on any research grant shall be 100 percent. Delineates areas of research authorized. Directs the Secretary to assure that information and technology resulting from research is transferred to State and local transportation departments and other interested parties.
Limits the use of longer combination vehicles (LCVs) on the IS to those places, and under the conditions now imposed, where they were allowed on or before June 1, 1991, except in Wyoming under specified conditions. (Defines an LCV as a truck tractor with two or more trailers or semi-trailers, with a gross vehicle weight of more than 80,000 pounds.) Requires each State to certify that it is enforcing and complying with such gross vehicle weight limitations.
Prohibits States from allowing the operation on any segment of the National System of Interstate and Defense Highways and designated Federal-aid Primary System highways any commercial motor vehicle combination with two or more cargo carrying units (excluding the truck tractor) whose cargo carrying units exceed: (1) the maximum combination trailer, semitrailer, or other type of length limitation authorized by statute or regulations of such State on or before June 1, 1991; or (2) the length of the cargo carrying units of those commercial motor vehicle combinations, by specific configuration, in actual, continuing lawful operation in such State on or before June 1, 1991.
Requires the Secretary, within 60 days, to publish in the Federal Register a list of length limitations applicable to commercial motor vehicle combinations operating in each State. Specifies that the list shall become final within 60 days after publication.
Repeals provisions: (1) requiring each State to certify annually that it is enforcing all speed limits on public highways posted at the national maximum speed limit; (2) requiring the Secretary to withhold project approval in any State that fails to certify accordingly; (3) requiring States to submit to the Secretary compliance data for a 12-month period on the percentage of motor vehicles exceeding 55 miles per hour (mph) on their public highways posted at 55; and (4) establishing a process under which a State could lose up to ten percent of its non-interstate highway construction funds for the following fiscal year if the State's 12-month compliance data show that more than 50 percent of its motorists exceeded the posted 55 mph limit.
Requires each State to: (1) submit to the Secretary speed-related data as the Secretary determines necessary for each 12-month period ending on September 30, in accordance with criteria to be established by the Secretary, including data on citations and travel speeds on public highways with speed limits posted at or above 55 mph; and (2) certify to the Secretary before January 1 of each year that it is enforcing all speed limits on public highways in accordance with Federal highway provisions. Prohibits the Secretary from approving projects in States which fail to make such certification. Requires States, in preparing such certification, to consider the speed-related data that it submits to the Secretary.
Makes Indian reservation roads eligible to expend funds apportioned from the HTF for road sealing projects.
Directs the Secretary to: (1) advance emergency relief funds to the State of Washington for the replacement of a bridge on the IS damaged by storms in November 1990, subject to repayment to the extent that a final court judgment declares such damage to be the result of human error; and (2) develop soil erosion control guidelines for States to follow in carrying out construction projects funded in whole or in part by this Act (which shall not preempt any more stringent State guidelines).
Makes up to one-fourth of one percent of funds apportioned to a State for the STP or bridge program available for highway construction training upon request by the State highway department.
Authorizes the Secretary to: (1) engage in activities to inform the domestic highway community of technological innovations abroad that could significantly improve highway transportation in the United States, promote U.S. highway transportation expertise internationally, and increase transfers of U.S. highway transportation technology to foreign countries; and (2) carry out a transportation assistance program that will provide access to modern highway technology to highway and transportation agencies in urbanized areas of 50,000 to 1,000,000 population and in rural areas.
Expands the range of possible programs of the National Highway Institute and potential recipients of such training. Requires that private agencies and individuals pay the full cost of any education and training received by them.
Authorizes the Institute, subject to the Secretary's approval, to: (1) engage in all phases of contract authority for training purposes, including the granting of training fellowships; (2) carry out its authority independently or in cooperation with any other branch of Government, State agency, authority, corporation, entity, or person; and (3) establish and collect fees from any entity and place them in a special account for purposes of this title.
Directs the Secretary to begin studies within 180 days, and to report to the Congress within three years, on the feasibility of utilizing zebra mussels in aggregate or other materials used to construct transportation infrastructure. Bars the Secretary from making grants to States that fail to certify that zebra mussels have been utilized in such construction if such studies demonstrate their feasibility as a construction material, beginning four years after enactment of this Act, subject to specified conditions and exceptions.
Establishes the Commission to Promote Investment in America's Infrastructure. Sets forth reporting requirements. Authorizes appropriations.
Prohibits any refiner from entering into the common carrier pipeline system any gasoline that would preclude the addition of a legally waivered fuel or fuel additive unless the gasoline contains a quantity of such fuel additive sufficient to meet the requirements of regulations issued pursuant to the CAA.
Makes up to $20,000,000 available in FY 1993 through 1996 for reconstruction only upon certification by the Secretary that a particular highway located outside the territory of the United States is important to the national defense.
Directs the General Accounting Office to conduct a study and recommend to the Congress within two years a fair and equitable apportionment formula for the allocation of Federal-aid highway funds that best directs highway funds to the places of greatest need for highway maintenance and enhancement based on the extent of these highway systems, their present use, and increases in their use.
Prohibits the Administrator of the EPA from requiring any municipality with a population of less than 100,000 to submit specified permit applications or enforcing requirements of certain permits issued with respect to storm water discharges associated with airports, powerplants, uncontrolled sanitary landfills, or other industrial activity, with exceptions. Directs the Administrator to modify permit application deadlines applicable to storm water discharges associated with industrial activities owned or operated by municipalities of 100,000 or greater to assure that such guidelines are coincident with application deadlines for systemwide permits required for such municipalities and associated with storm water discharges from other than industrial facilities.
Directs the Secretary to conduct an investigation into the feasibility of prescribing rules with respect to multi-lane, limited access, Federal-aid highways using the farthest left lane; and (2) restrict all such trucks to the farthest right lane, except that such trucks may use the lane adjacent to the farthest right lane to pass. Requires the Secretary to: (1) consider innovative ways to separate truck traffic from other vehicle traffic on highways, taking into consideration the effect on safety, congestion management, other relevant issues, and the cost of each such innovation; and (2) submit a report, within one year, to specified congressional committees.
Requires the Secretary to submit to the Congress, within 12 months, a report on the feasibility and effectiveness of requiring the use of oxygenated fuels from October 1 through March 31 in all cities and MSAs with a population of 250,000 or more.
Authorizes the use by a State of not to exceed .2 percent of amounts appropriated under this Act to establish a State program to employ eligible economically disadvantaged individuals during the employment period to perform highway landscaping and beautification activities. Sets forth provisions with respect to eligible activities, State contributions, Federal oversight, grievance procedures and nondisplacement requirements, and employment preferences.
Expresses the consent and approval of the Congress to the States to negotiate, enter into, and carry out agreements or compacts to establish policies and priorities, including allocation of funds, to resolve interstate highway and bridge problems of regional significance identified by MPOs.
Authorizes the Secretary to approve substitute highway, bus transit, and light rail transit projects in lieu of construction of the I-94 E-W Transitway project in Milwaukee and Waukesha counties, Wisconsin, subject to specified requirements.
Bars the Secretary from withholding funds from the State of Montana on the basis of actions taken by Montana pursuant to a draft memorandum of understanding with the Province of Alberta, Canada, regarding truck transportation between Canada and Shelby, Montana, with exceptions.
Directs the Secretary, subject to the availability of appropriations, to make an apportionment to each State in which the rate of tax on gasoline, as of July 1 preceding the beginning of the fiscal year, exceeds the average rate of tax on gasoline levied by the 50 States and the District of Columbia as of such date, with a bonus apportionment calculated based on a specified formula. Authorizes appropriations. Authorizes additional donor State bonus amounts for FY 1993 through 1996. Sets forth provisions with respect to obligation limitations.
Requires the Secretary: (1) within 12 months, to conduct a study of methods of facilitating the reuse of industrial manufacturing facilities; and (2) upon completion, to report out provisions under this title relating to such reuse.
Declares a specified portion of the Hudson River, New York, to be nonnavigable waters of the United States.
Expresses the sense of the Senate that the conferees on this Act should determine each State's total apportionments in a way that reflects each State's total effort for highways, including each State's ability to finance such effort (as measured by its per capita disposable income as compared to the average State per capita disposable income), as well as taking into account the effect of such apportionment formula on energy conservation, energy security, and environmental quality.
Part B: National Recreational Trails Fund Act
- National Recreational Trails Fund Act of 1991 - Amends the Internal Revenue Code to establish the National Recreational Trails Trust Fund (Fund). Requires the Secretary of the Treasury to pay into the Fund an amount equivalent to 0.3 percent of total HTF receipts, to be adjusted by the Secretary.
Requires the Secretary to use such amounts in the Fund to make grants to the States for constructing and maintaining recreational trails.
Establishes the National Recreational Trails Act Advisory Committee.
Sets forth: (1) reporting requirements; and (2) obligation limitations.
Part C: Intelligent Vehicle-Highway Systems Act
- Intelligent Vehicle-Highway Systems Act of 1991 - Directs the Secretary to conduct a program to promote and facilitate the implementation of IVHS as a component of the nation's surface transportation systems to enhance the capacity, efficiency, and safety of the Federal-aid highway system, reduce societal, economic, and environmental costs associated with traffic congestion, enhance U.S. industrial and economic competitiveness and productivity, develop a technology base for IVHS and establish the capability to perform demonstration experiments utilizing existing national laboratory capabilities where appropriate, and facilitate the transfer of transportation technology from national laboratories to the private sector.
Requires the Secretary to: (1) coordinate an IVHS program and foster its use; (2) develop and implement standards to promote the widespread use and evaluation of IVHS technology (to the extent practicable, promoting compatibility among IVHS technologies implemented throughout the States); (3) establish guidelines and requirements for the evaluation of field and related operation tests; and (4) establish a repository for technical and safety data collected as a result of federally sponsored projects pursuant to this title.
Authorizes the Secretary to utilize advisory committees in carrying out responsibilities under this title.
Directs the Secretary: (1) within 12 months, to formulate (and submit to the Congress) a strategic plan for the IVHS program; (2) within 24 months and annually thereafter, to submit reports to the Congress on implementation of such plan; and (3) within 24 months, to submit a report to the Congress (and within five years, to update such report) addressing the non-technical constraints to all aspects of the innovation of such program, including antitrust, privacy, staffing, patent, and liability concerns, recommending legislation and administrative action, and addressing ways to further promote industry and State and local government involvement in such program.
Authorizes the Secretary to: (1) provide planning and technical assistance to State and local governments seeking to use and evaluate IVHS technologies; and (2) make grants for feasibility and planning studies to be conducted by State and local governments.
Sets forth provisions with respect to funding and eligibility requirements, and priorities for funding projects.
Directs the Secretary to: (1) designate transportation corridors in which application of IVHS will have particular benefit and, through financial and technical assistance, assist in the implementation of such systems; and (2) allocate not less than 50 percent of funds appropriated for such purpose to eligible State or local entities having several of specified characteristics, such as traffic density at least 1.5 times the national average, severe or extreme nonattainment for ozone, and complexity of traffic patterns.
Specifies that the Federal share for activities authorized pursuant to this title for IVHS shall be 80 percent of the cost.
Part D: Relocation Assistance and Real Property Acquisition
- Amends the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 to make relocation assistance regulations applicable to the Rural Electrification Administration.
Title II: Highway Safety - Part A: National Highway Traffic Safety Administration Authorization
- National Highway Traffic Safety Administration Authorization Act of 1991- Amends the following Acts to authorize appropriations for FY 1992 through 1994: (1) the National Traffic and Motor Vehicle Safety Act of 1966; (2) the Motor Vehicle Information and Cost Savings Act; and (3) the National Driver Register Act of 1982. Authorizes appropriations for FY 1992 through 1996 for National Highway Traffic Safety Administration (NHTSA) highway safety programs and research and development.
Authorizes the Secretary to expend sums authorized as necessary to conduct research on intelligence vehicle-highway systems. Directs the Secretary to develop a strategic plan for such research. Specifies that such research should place particular emphasis on aspects of those systems that will increase safety and identify any aspects that might degrade safety.
Directs the Secretary to: (1) issue a final rule amending Federal Motor Vehicle Safety Standard 214 to establish performance criteria for improved head injury protection for occupants of passenger cars in side impacts; and (2) issue a final rule to extend the applicability of such Standard to multipurpose passenger vehicles.
Directs the Secretary to enter into arrangements with the National Academy of Sciences to study means of establishing a method for calculating a uniform numerical rating, or series of ratings, enabling consumers to compare meaningfully crashworthiness data for passenger cars and multipurpose passenger vehicles. Prescribes the contents of such study. Requires that a report be submitted to the Secretary and the Congress within 19 months after the date of enactment of this Act.
Prescribes schedules for: (1) obtaining public comment on implementation of National Academy recommendations; (2) determining whether an objectivity based system of comparative crashworthiness data can be established; (3) promulgating a rule to establish such a system, if the determination is positive; (4) review of public comments on such rule by specified congressional committees; and (5) establishing procedures requiring auto dealers to make comparative crashworthiness data available to prospective customers.
Amends the National Traffic and Motor Vehicle Safety Act of 1966 to direct the Secretary to establish: (1) a schedule for use in ensuring compliance with each Federal motor vehicle safety standard established under such Act which the Secretary determines is capable of being tested; (2) written guidelines and procedures for investigating noncompliance with regulations issued under such Act; and (3) criteria for the determination and imposition of civil penalties for such noncompliance.
Directs the Secretary to complete rulemaking to: (1) review the classification system for vehicles with a gross weight under 10,000 pounds to determine if such vehicles should be reclassified; and (2) consider the establishment of a standard to protect against unreasonable risk of rollover of passenger cars and multipurpose passenger vehicles.
Requires the Secretary to spend certain funds to disseminate consumer information regarding retrofitting passenger cars with lap and shoulder rear seatbelts.
Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary to promulgate regulations establishing passenger motor vehicle bumper system labeling requirements.
Directs the Secretary to amend the bumper standard published in the Code of Federal Regulations to ensure that such standard is identical to that in effect on January 1, 1982.
Directs the Secretary to conduct a rulemaking proceeding to increase the safety of child booster seats used in passenger cars.
Directs the Secretary to establish a program requiring airbags for: (1) Federal passenger vehicles, beginning with passenger cars acquired after September 30, 1991; and (2) all passenger cars and light trucks, buses, and multipurpose passenger vehicles, phased in according to a specified schedule, starting with passenger cars manufactured on and after September 1, 1995.
Directs the Secretary to submit periodic reports to the Congress detailing efforts to ensure that State motor vehicle inspection programs are implemented in the most effective manner possible: (1) specifying Federal manpower allocations for support of State safety inspection efforts and allocations and expenditures of Federal funds on such efforts; (2) describing the extent and effect of coordination with the Administrator of the Environmental Protection Agency regarding required safety and emissions inspections; (3) listing the States that do not have periodic safety inspection programs meeting Federal requirements; and (4) including any data furnished by the States that operate such safety inspection programs concerning the relative effectiveness of their particular programs.
Amends the National Traffic and Motor Vehicle Safety Act of 1966 to authorize the Secretary to direct the manufacturer of a defective motor vehicle or motor vehicle part to send a second notification if the Secretary determines that the first notification sent by such manufacturer has not resulted in an adequate number of vehicles (or items of equipment) being returned for remedy.
Requires any lessor who receives notification of a defective motor vehicle part pertaining to any leased motor vehicle to send a copy of such notice to the lessee.
Provides that a dealer may sell or lease a motor vehicle (or motor vehicle item) for which a safety defect notice has been received only if: (1) the defect or failure to comply has been remedied before delivery under sale or lease; or (2) an enforcement order has been set aside or restrained.
Directs the Secretary to conduct a rulemaking on the use of darkened windshields and window glass in passenger automobiles.
Directs the Secretary to make grants to States which adopt and implement seatbelt and child restraint programs which include specified measures to foster the increased use of seatbelts and the correct use of child restraint systems. Sets conditions for the use of such grants by such States. Authorizes appropriations.
Directs the Secretary to initiate a rulemaking to: (1) consider methods of reducing head injuries in passenger automobiles and multipurpose passenger vehicles from contact with vehicle interior components by revising the appropriate Federal motor vehicle safety standards; and (2) consider the establishment of a standard to minimize pedestrian death and injury attributable to vehicle components.
Directs the Secretary to complete a rulemaking to amend Federal Motor Vehicle Safety Standard 108 to authorize passenger cars and multipurpose passenger vehicles to be equipped with daytime running lights.
Directs the Secretary to conduct a rulemaking to consider: (1) whether to adopt a Federal motor vehicle safety standard requiring antilock brake systems for all passenger cars and multipurpose passenger vehicles manufactured after September 1, 1996; (2) the establishment of a standard requiring that such cars and vehicles be equipped with heads-up displays capable of projecting speed, fuel, and other instrument readings on the lower part of the windshield (enabling the driver to check such readings without looking down); and (3) whether to amend any existing standard applicable to seatbelts for modification of seatbelt design to take into account the needs of children and short adults.
Requires that standards established under this Act be in accordance with applicable provisions of the National Traffic and Motor Vehicle Safety Act of 1966, including provisions requiring that Federal motor vehicle safety standards be practicable, meet the need for motor vehicle safety, and be stated in objective terms.
Impaired Driving Prevention Act of 1991 - Amends Federal law to direct the Secretary to make basic and supplemental grants to States which adopt and implement impaired driving enforcement programs to prevent impaired driving.
Sets forth: (1) eligibility requirements for basic and supplemental grants (such as State mandatory blood alcohol concentration testing programs and standards, programs for preventing persons under age 21 from obtaining alcoholic beverages, drugged driving prevention laws, and unlawful open container and alcohol consumption programs); (2) a waiver provision of basic grant eligibility requirements for reduced alcohol-related fatalities within a State; and (3) the Federal share payable for such grants. Specifies that no State may receive a grant under this title for any fiscal year for which that State is a recipient of a grant under specified alcohol traffic safety or drunk driving prevention programs. Authorizes appropriations. Sets deadlines for the issuance of regulations by the Secretary.
Part B: Motor Carrier Safety Assistance Program Reauthorization
- Motor Carrier Safety Assistance Program Reauthorization Act of 1991 - Amends Federal law to authorize the Secretary of Transportation (Secretary) to make grants to States for the development of programs for the enforcement of Federal and State commercial motor vehicle safety standards.
Requires the Secretary to formulate procedures for the submission of State plans enforcing such standards. Sets forth specified plan requirements.
Provides that the Federal share of costs for such programs shall not exceed 80 percent.
Allocates no more than 1.25 percent of the funds appropriated for this Act for administrative purposes.
Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY 1993 through 1996.
Amends the Surface Transportation Assistance Act of 1982 to authorize the reimbursement of costs of enforcing State commercial motor vehicle safety standards to States with approved plans.
Authorizes appropriations.
Directs the Secretary to develop an improved formula for the allocation among States of Motor Carrier Safety Assistance Program funds.
Amends the Commercial Motor Vehicle Safety Act of 1986 to require the Secretary to issue regulations establishing penalties for violations of out-of-service orders by commercial motor vehicle operators. Sets forth specified requirements.
Directs the Secretary to issue regulations specifying tolerance standards for ensuring compatibility of intrastate commercial motor vehicle safety laws with Federal motor carrier safety regulations under the Motor Carrier Safety Assistance Program.
Requires the Secretary to consult with law enforcement organizations and affected industries to develop a model program for Program officers to enforce the .04 percent blood alcohol concentration limit pursuant to the Commercial Motor Vehicle Safety Act of 1986.
Directs the Secretary to add two additional positions at the headquarters of the Federal Highway Administration.
Drug Free Truck Stop Act - Amends the Controlled Substances Act to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop or safety rest area. Prohibits the suspension of a sentence, granting of probation, or eligibility for parole until the individual has served the minimum required sentence under the Federal criminal code for any person who violates this Act after a prior conviction under this Act has become final.
Requires the U.S. Sentencing Commission to promulgate specified sentencing guidelines for violations of this Act. Bars multiple enhancements.
Amends the Truck and Bus Safety and Regulatory Reform Act of 1988 to require the Secretary to initiate a rulemaking proceeding to adopt methods for improving braking performance standards for commercial motor vehicles.
Requires the Secretary or State representative to ensure that motor carriers that have drivers that display a pattern of violating State or local traffic safety laws or commercial motor vehicle safety regulations receive a high priority for compliance review.
Directs the Secretary to report to the Congress on the effectiveness of private sector efforts to ensure the training of entry level drivers of commercial motor vehicles, including recommendations on establishing mandatory Federal training requirements for such drivers.
Part C: Transportation Employee Testing
- Omnibus Transportation Employee Testing Act of 1991 - Amends the Federal Aviation Act of 1958 to direct the Administrator of the Federal Aviation Administration (FAA) to establish a program requiring domestic and foreign air carriers to conduct preemployment, reasonable suspicion, random, recurring, and post-accident testing of airmen, crew members, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions for use of alcohol or a controlled substance. Requires the Administrator to establish the same program for FAA employees. Sets forth guidelines for such program.
Prohibits employees who have used alcohol or controlled substances in violation of Federal law from serving in safety-sensitive functions unless they have completed a rehabilitation program established under FAA auspices. Prohibits such individuals from performing air transportation-related duties if they: (1) engaged in such use while on duty; (2) prior to such use had undertaken or completed a rehabilitation program; (3) refuse to undertake such rehabilitation program; or (4) fail such rehabilitation program.
Encourages domestic and foreign air carriers to maintain a rehabilitation program for the identification and treatment of employees who need assistance in resolving substance abuse problems.
Requires the Administrator to establish and maintain such a rehabilitation program for FAA employees whose duties include responsibility for safety-sensitive functions and who need assistance in resolving substance abuse problems. Outlines the requirements of such program.
Amends the Federal Railroad Safety Act of 1970 to direct the Secretary of Transportation (Secretary) to issue regulations that establish a program which requires railroads to conduct preemployment, reasonable suspicion, random, recurring, and post-accident testing of railroad employees responsible for safety-sensitive functions for use of alcohol or a controlled substance. Outlines the requirements for such testing program.
Encourages each railroad to maintain a rehabilitation program for the identification and treatment of employees who need assistance in resolving substance abuse problems.
Amends the Commercial Motor Vehicle Safety Act of 1986 to direct the Secretary to establish a program requiring motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of commercial motor vehicle operators for use of alcohol or a controlled substance. Mandates that such program include post-accident testing of a commercial motor vehicle operator in any accident involving loss of human life, serious bodily injury, or significant property damage.
Directs the Secretary to issue regulations setting forth the requirements for a rehabilitation program for the identification and treatment of commercial motor vehicle operators who are determined to have used alcohol or a controlled substance. Sets forth the requirements of the testing procedures. Requires the Secretary to: (1) determine appropriate sanctions against operators who are determined, as a result of such tests, to have used alcohol or a controlled substances without lawful authorization (but who are not under the influence of alcohol or a controlled substance); (2) design and implement a pilot test program for the random testing of commercial motor vehicle operators to determine the use without lawful authorization of alcohol or a controlled substance; (3) solicit (and select) State participation in such a program; and (4) submit a comprehensive report to the Congress setting forth the pilot program results.
Authorizes appropriations for FY 1992 for such pilot testing program.
Directs the Secretary to issue regulations that establish a program which requires mass transportation operations which receive mass transportation assistance under the Urban Mass Transportation Act of 1964 to conduct preemployment, reasonable suspicion, random, and post-accident testing of mass transportation employees responsible for safety-sensitive functions for use of alcohol or a controlled substance. Permits the Secretary to issue regulations for periodic recurring testing of such employees as well.
Requires the Secretary to issue regulations setting forth requirements for rehabilitation programs which provide for the identification and treatment of mass transportation employees who are determined to have used alcohol or a controlled substance. Outlines the requirements for such program.
Requires the disqualification for a period of time or dismissal of mass transportation employees who have been determined to have used alcohol while on duty or a controlled substance, whether on duty or not on duty.
Prohibits a person from receiving mass transportation assistance if such person is required, and fails, to establish an alcohol and controlled substances testing program.
Part D: General Provisions
- Rural Tourism Development Act of 1991 - Establishes the Rural Tourism Development Foundation to promote travel and tourism by foreign visitors to rural America.
Amends the International Travel Act of 1961 to authorize the Secretary of Commerce to assist the Foundation in the development and promotion of rural tourism.
Authorizes appropriations for FY 1991 through 1993.
Amends Federal highway law to authorize the Secretary through a transportation assistance program to provide highway and transportation agencies in certain urban areas and in rural areas access to modern highway technology.
Authorizes the Secretary to make grants and enter into direct contracts for education and training, technical assistance and related support service that will: (1) assist rural local transportation agencies to develop their expertise in certain road and transportation areas; (2) identify, package and deliver usable highway technology to local jurisdictions to assist urban transportation agencies to deal effectively with road-related problems; and (3) establish, in cooperation with State transportation or highway departments and universities, urban (in States with two or more urbanized areas of 50,000 to 1,000,000 population) and rural technical assistance program centers, including at least four centers to be designated to provide transportation assistance that may include a "circuit-rider" program that provides training on intergovernmental transportation planning and project selection, and tourism and recreational travel to American Indian tribal governments. Sets aside specified administrative funds for such program.
Authorizes the States to waive application of the Commercial Motor Vehicle Safety Act of 1986 to vehicles used either for transporting farm supplies from retail dealers to or from a farm, for custom harvesting, or to transport livestock feed, regardless of whether or not they are controlled or operated by a farmer.
Directs the Secretary to review current Federal highways that access border crossings between the United States and Canada in order to: (1) determine whether they comply with current Federal highway regulations and are designed for future expansion; and (2) assess their ability to accommodate increased transfer of commerce due to the United States-Canada Free Trade Agreements and increased tourism-related traffic between the two countries. Requires the Secretary to report review findings to specified congressional committees.
Title III: Federal Transit Act of 1991
- Federal Transit Act of 1991 - Amends Federal law to rename the Urban Mass Transportation Administration of the Department of Transportation the Federal Transit Administration.
Amends the Urban Mass Transportation Act of 1964 to rename it the Federal Transit Act (the Act).
Amends the Act to declare that one of its purposes is to provide financial assistance to State and local governments and their instrumentalities to help implement specified national goals as they relate to the mobility of elderly persons, persons with disabilities, and economically disadvantaged persons.
Declares congressional support for a Federal policy that promotes increased use of employer-provided commuter transit benefits.
Authorizes the Secretary of Transportation (Secretary) to enter into: (1) full funding contracts with applicants for capital grants for mass transportation projects; and (2) early systems work agreements (which promote completion of such projects more rapidly and at less cost) with such applicants if specified conditions are met.
Limits the total estimated amount of Federal contingent commitments to incur obligations covered by early systems work agreements and full funding contracts.
Allocates amounts available for capital grants and loans for mass transportation projects to: (1) rail modernization; (2) construction of new fixed guideway systems and their extension; and (3) the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities.
Sets forth a formula for the allocation of amounts for rail modernization of historic rail systems.
Authorizes the remainder of project costs (local share) for mass transportation systems to include the cost of rolling stock previously purchased if certain requirements are met.
Continues in force and effect all existing letters of intent, full funding agreements, and letters of commitment issued prior to enactment of this Act.
Authorizes the Secretary to make capital grants and loans to States and local public bodies for: (1) projects for the deployment of innovative techniques and methods in the management and operation of public transportation services; (2) mass transportation services for elderly persons and persons with disabilities; and (3) the development of corridors to support fixed guideway systems, including certain bus service improvements.
Revises the criteria for the making of capital grants or loans for construction of new fixed guideway systems or their extensions to require the Secretary to consider the following factors when making such determination: (1) direct and indirect costs of relevant alternatives; (2) costs related to congestion relief, improved mobility, air and noise pollution, congestion, energy consumption, and associated ancillary and mitigation costs necessary to implement each alternative analyzed; and (3) transit-supportive existing land use policies and future patterns. Directs the Secretary to issue guidelines for evaluating such criteria. Sets forth specified exceptions to the applicability of such criteria. Requires such systems to be implemented by means of a full funding contract.
Prohibits the amount of interest earned and payable on State or local mass transportation project bonds, which is considered part of the non-Federal share of such a project costs, from being greater than the most favorable interest terms reasonably available for such projects at the time of borrowing.
Sets at 90 percent the Federal share of the cost of a project that involved the acquisition of bus-related equipment required by the Clean Air Act or the Americans with Disabilities Act of 1990.
Requires the Secretary to give reasonable consideration to differences in the fiscal capacity of State and local governments whenever special consideration is given to mass transportation projects that include more than the minimum non-Federal share of such a project's net cost. Repeals certain provisions relating to specified appropriations authorized for capital grants and loans for mass transportation projects.
Declares it is in the national interest to promote the development of transportation systems that integrate various modes of transportation, maximize mobility of people and goods within urbanized areas, and minimize transportation-related fuel consumption and air pollution.
Requires the designation by agreement among the Governor and local governments representing at least 75 percent of the affected population of a metropolitan planning organization (MPO) for each urbanized area with a population of more than 50,000. Authorizes the designation of more than one MPO within a metropolitan statistical area if specified conditions are met. Includes within the boundaries of a metropolitan area any area that: (1) is a nonattainment area for any transportation-related pollutant under the Clean Air Act; or (2) is significantly affected by air pollution within a reasonable period of time.
Directs the Secretary to establish requirements to encourage Governors and MPOs with responsibility for a portion of a multi-State Metropolitan Statistical Area (MSA) or Consolidated Metropolitan Statistical Area (CMSA) to provide coordinated transportation planning for the entire MSA or CMSA.
Requires the Secretary to designate as a transportation management area metropolitan areas that: (1) have populations of more than 250,000; or (2) are nonattainment areas under the Clean Air Act. Requires the Secretary to publish a list of such areas annually.
Requires each MPO to prepare for its metropolitan area a metropolitan transportation strategy that at a minimum: (1) identifies transportation facilities (including major roadways, mass transit, and multimodal and intermodal facilities) that should function as an integrated metropolitan transportation system, especially those facilities serving specified national and regional transportation functions; (2) assesses major demands on the metropolitan transportation system (projected over the subsequent 20-year period); (3) sets forth a long-range strategy for meeting metropolitan area personal mobility and goods transportation needs; (4) explains how proposed transportation decisions will achieve compliance with environmental and resource conservation laws, further Federal, State, and local energy conservation programs, and affect other objectives such as housing, community development, and historic preservation; (5) includes a financial plan demonstrating how such strategy can be implemented; (6) projects capital investment and other measures to ensure the preservation and most efficient use of existing transportation facilities; and (7) indicates as appropriate proposed transportation enhancement activities.
Authorizes the Secretary to provide for the development of abbreviated strategies for metropolitan areas not designated as a transportation management area. Requires States to develop a statewide transportation strategy that takes into account the transportation needs of areas that have no MPO.
Directs the MPO to develop and submit to the Secretary for review a transportation improvement program for a three-year period and, to the extent practicable, for subsequent three-year periods. Requires States to develop and submit similar programs.
Requires each MPO to submit to the Governor and the Secretary a list of highway and transit projects for its transportation management area. Prohibits approval of projects funded under the Federal-Aid Highway Act of 1991 or this Act unless they are included in the list of projects approved by an MPO. Excepts from such approval requirement projects mandated by the Americans with Disabilities Act of 1990.
Requires the Secretary to ensure that capital and block transportation grants be used to support balanced and comprehensive transportation planning that takes into account the relationships among land use and all transportation modes, without regard to the programmatic source of such planning funds. Sets forth a formula for the allocation of such amounts to metropolitan areas. Allocates a specified supplemental amount to States for MPO's in transportation management areas. Declares that the Federal share of costs for such transportation planning activities shall be 75 percent, except where the Secretary determines that it is in the Federal interest not to require a State or local match.
Increases the amount allocated in each fiscal year for block grants for public transportation projects in urbanized areas with populations of less than 200,000, and urbanized ares with populations of more than 200,000.
Authorizes grants for construction projects in designated transportation management areas to be made available also for highway construction projects if specified requirements are met.
Revises the formula for apportioning public transportation block grants for urbanized areas according to fixed guideway revenue vehicle or route miles, bus revenue vehicle miles, and bus passenger miles. Declares that a recipient's apportionment for such grants shall not be reduced because of a reduction in equipment use if such recipient demonstrates to the satisfaction of the Secretary that such actions would achieve energy or operating efficiencies and provide the same frequency of revenue service to the same number of riders.
Makes specified safety provisions of the Act applicable to public transportation block grants.
Requires certain required annual certifications by public transportation block grantees to be consolidated into a single document as part of such grantee's application. Requires the Secretary to establish streamlined administrative procedures to govern compliance with certification requirements with respect to block grantee control over track and signal equipment used in ongoing operations.
Revises certain requirements of block grantees with respect to the preparation of a proposed program of projects to require them to assure that the program provides for the maximum feasible coordination of public transportation services assisted under the Act with transportation services assisted by other Federal sources.
States that vessels funded under the Act as part of a statewide ferry system may be operated outside the urbanized area they serve to accommodate periodic maintenance, as long as the mass transportation service is not significantly reduced.
Amends the Federal Mass Transportation Act of 1987 to repeal specified conditions currently placed on increased operating assistance for commuter rail service in southern Florida.
Amends the Act to make each university transportation center responsible for research on transportation safety. Requires the Secretary to coordinate the research, education training and technology transfer in such centers, the dissemination of the results of the research, and a clearinghouse between the centers and the transportation industry. Abolishes the national advisory council currently authorized to provide such coordination.
Makes up to one percent of the funds available to the Secretary from any source available specifically for administrative expenses incurred in connection with administration of the university transportation centers program.
Authorizes the Secretary to make transportation research appropriations available to one or more of such centers for research compatible with the research conducted pursuant to authorizations under the Act or from the Highway Trust Fund.
Directs the Secretary to make grants to colleges or universities to establish three additional National Centers for Transportation Management, Research, and Development as a means to accelerate the involvement of minorities and women in transportation-related professions, particularly in the science, technology, and engineering disciplines.
Prohibits the Secretary from using any other methods to propose or implement rulemaking under the Act except as provided by it.
Authorizes the Secretary to transfer facilities and equipment acquired but no longer needed by a recipient of Federal transportation funds to any public body for any public purpose so long as such facilities remain in public use for at least five years after such transfer. Sets forth specified determinations the Secretary must make before authorizing such a transfer of assets for purposes other than mass transportation.
Authorizes the Secretary to allow the solicitation for a turnkey system project ( a vender-specific project under which a recipient contracts with a vendor to build a transit system that meets specific performance criteria and which is operated by such vendor for a period of time) to be awarded before Federal requirements are met so long as such award is made without prejudice to such requirements. Authorizes the Secretary to approve no more than four projects for an initial demonstration phase.
Authorizes a recipient procuring rolling stock with Federal transportation assistance to enter into a multiyear agreement for the purchase of such stock and replacement parts in which the recipient may exercise an option to purchase more stock or replacement parts for up to a five-year period from the date of the original contract. Directs the Secretary to permit two or more recipients to form a consortium to purchase such stock.
Authorizes the Secretary to make grants and loans to the Governor of each State for allocation to State approved nonprofit organizations and public bodies (currently, such assistance goes directly to private nonprofit corporations and associations) to assist such organizations and public bodies to provide transportation services to elderly persons and persons with disabilities. Directs the Secretary to promulgate regulations to allow vehicles purchased with such assistance to be leased to local public bodies and agencies as a means of improving transportation service to such individuals.
Requires the Secretary to authorize mass transportation service providers receiving Federal transportation assistance to assist in providing meal delivery service for homebound persons on a regular basis if such service does not conflict with the provision, or result in a reduction, of mass transportation services.
Authorizes States to transfer facilities and equipment acquired with Federal transportation assistance for nonurbanized areas or elderly persons and persons with disabilities to any recipient eligible to receive such assistance if such equipment or facilities continue to be used in accordance with the requirements for such assistance.
Authorizes Maine, South Dakota, and Oklahoma to use grants apportioned to them as Federal transportation assistance for nonurbanized areas to offset no more than 50 percent of each one's share of operating losses incurred by Amtrak in providing rail service to it.
Authorizes the Secretary to retain and to continue to use any returned grant or contract funds for programs that address human resource needs with respect to public transportation activities.
Authorizes appropriations from the Mass Transit Account and Transit Account of the Highway Trust Fund and from the general fund of the Treasury for FY 1992 through 1996 for formula and capital grant programs for mass transportation projects. Earmarks set-asides of such funds and funds appropriated under the National Capital Transportation Act of 1969 for: (1) metropolitan planning activities; (2) rural transit assistance programs; (3) State and national transportation planning and research programs; (4) administrative expenses of the Secretary; (5) transportation services to elderly persons and persons with disabilities; and (6) university transportation centers. Makes specified amounts of such funds available for: (1) completion of interstate transfer transit projects; and (2) block grants for transportation projects in urbanized areas.
Directs the Secretary to report to the Congress on safety conditions in mass transportation.
Prohibits the Secretary from using more than three-quarters of one percent (currently, one-half of one percent) of funds for mass transportation projects to contract with persons overseeing the construction of such projects.
Makes funds available for: (1) State transit cooperative research programs; and (2) State transportation planning and research in urbanized areas. Requires the Secretary, as part of the cooperative transit research program, to establish an independent governing board to recommend mass transportation research, development, and technology transfer activities. Authorizes the Secretary to make grants to, and enter into cooperative agreements with, the National Academy of Sciences to implement such activities.
Makes funds available to the Secretary for grants or contracts for national mass transportation programs. Earmarks a specified amount of such funds for: (1) transit-related technical assistance, demonstration programs, research, public education, and other appropriate activities to help transit providers to comply with the Americans with Disabilities Act of 1990; and (2) special urban transportation demonstration initiatives.
Authorizes the Secretary to undertake a program of transit technology development. Requires the Secretary to establish an Industry Technical Panel to assist in identifying priority technology development areas and in establishing guidelines for project development, project cost sharing, and project execution.
Authorizes funds for mass transportation projects appropriated before October 1, 1983, that remain available for expenditure after October 1, 1991, to be transferred to the most recent appropriation for such projects.
Requires the Comptroller General to submit to the Congress specified reports evaluating: (1) the impact of existing charter service regulations; and (2) the extent to which the Nation's transit needs are being adequately addressed.
Revises the formulae for determining a State's apportionment of grants for urban mass transit programs, block grants for mass transportation projects in urbanized areas with populations of less than 200,000, and formula grants for mass transportation projects in nonurbanized areas. Requires, in such formulae, the use of population estimates prepared by the Secretary of Commerce after the expiration of four and eight years after the most recent Federal census becomes available.
Requires the Secretary, for FY 1992, to use 1990 Federal census data to determine State allocations for mass transportation assistance: (1) to urbanized and nonurbanized area; and (2) in providing transportation services to elderly persons and persons with disabilities.
Title IV: Private Property Rights
- Private Property Rights Act - Declares that no regulation promulgated after enactment of this Act shall become effective until the Attorney General certifies the issuing agency to be in compliance with Executive Order 12630 or similar procedures for the taking of private property in the course of Federal regulatory activity, with the goal of minimizing such where possible. (Gives the force and effect of statute to certain procedures under Executive Order 12630 providing for the taking of such property for which compensation is required.)
Requires the Attorney General expeditiously to approve compliance guidelines an agency proposes or notify it of any revisions necessary.
Provides for a limited judicial review of actions taken pursuant to this Act applicable to whether the Attorney General has certified the issuing agency as in compliance with the Executive Order or similar procedures.
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Bill titles: An original bill to amend title 23, United States Code, and for other purposes.
Links for more info on the vote: congress.gov
