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NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995
Public Law 104-59
104th Congress
An Act
To amend title 23, United States Code, to provide for the designation of
the National Highway System, and for other purposes. <<NOTE: Nov. 28,
1995 - [S. 440]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National Highway
System Designation Act of 1995. Intergovernmental relations.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 23 USC 101 note.>> Short Title.--This Act may be cited
as the ``National Highway System Designation Act of 1995''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Secretary defined.
TITLE I--NATIONAL HIGHWAY SYSTEM
Sec. 101. National highway system designation.
TITLE II--TRANSPORTATION FUNDING FLEXIBILITY
Sec. 201. Findings and purposes.
Sec. 202. Funding restoration.
Sec. 203. Rescissions.
Sec. 204. State unobligated balance flexibility.
Sec. 205. Relief from mandates.
Sec. 206. Definitions.
TITLE III--MISCELLANEOUS HIGHWAY PROVISIONS
Sec. 301. Traffic monitoring, management, and control on NHS.
Sec. 302. Transferability of apportionments.
Sec. 303. Quality improvement.
Sec. 304. Design criteria for the national highway system.
Sec. 305. Applicability of transportation conformity requirements.
Sec. 306. Motorist call boxes.
Sec. 307. Quality through competition.
Sec. 308. Limitation on advance construction.
Sec. 309. Preventive maintenance.
Sec. 310. Federal share.
Sec. 311. Eligibility of bond and other debt instrument financing for
reimbursement as construction expenses.
Sec. 312. Vehicle weight and longer combination vehicles exemptions.
Sec. 313. Toll roads.
Sec. 314. Scenic byways.
Sec. 315. Applicability of certain requirements to third party sellers.
Sec. 316. Streamlining for transportation enhancement projects.
Sec. 317. Metropolitan planning for highway projects.
Sec. 318. Non-Federal share for certain toll bridge projects.
Sec. 319. Congestion mitigation and air quality improvement program.
Sec. 320. Operation of motor vehicles by intoxicated minors.
Sec. 321. Utilization of the private sector for surveying and mapping
services.
Sec. 322. Donations of funds, materials, or services for federally
assisted projects.
Sec. 323. Discovery and admission as evidence of certain reports and
surveys.
Sec. 324. Alcohol-impaired driving countermeasures.
Sec. 325. References to Committee on Transportation and Infrastructure.
Sec. 326. Public transit vehicles exemption.
Sec. 327. Use of recycled paving material.
Sec. 328. Roadside barrier technology.
Sec. 329. Corrections to miscellaneous authorizations.
Sec. 330. Corrections to high cost bridge projects.
Sec. 331. Corrections to congestion relief projects.
Sec. 332. High priority corridors.
Sec. 333. Corrections to rural access projects.
Sec. 334. Corrections to urban access and mobility projects.
Sec. 335. Corrections to innovative projects.
Sec. 336. Corrections to intermodal projects.
Sec. 337. National recreational trails.
Sec. 338. Intelligent transportation systems.
Sec. 339. Eligibility.
Sec. 340. Miscellaneous corrections to Surface Transportation and
Uniform Relocation Assistance Act of 1987.
Sec. 341. Accessibility of over-the-road buses to individuals with
disabilities.
Sec. 342. Alcohol and controlled substances testing.
Sec. 343. National driver register.
Sec. 344. Commercial motor vehicle safety pilot program.
Sec. 345. Exemptions from requirements relating to commercial motor
vehicles and their operators.
Sec. 346. Winter home heating oil delivery State flexibility program.
Sec. 347. Safety report.
Sec. 348. Moratorium on certain emissions testing requirements.
Sec. 349. Roads on Federal lands.
Sec. 350. State infrastructure bank pilot program.
Sec. 351. Railroad-highway grade crossing safety.
Sec. 352. Collection of bridge tolls.
Sec. 353. Traffic control.
Sec. 354. Public use of rest areas.
Sec. 355. Safety belt use law requirements for New Hampshire and Maine.
Sec. 356. Orange County, California, toll roads.
Sec. 357. Compilation of title 23, United States Code.
Sec. 358. Safety research initiatives.
Sec. 359. Miscellaneous studies.
TITLE IV--WOODROW WILSON MEMORIAL BRIDGE
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Purposes.
Sec. 404. Definitions.
Sec. 405. Establishment of authority.
Sec. 406. Government of authority.
Sec. 407. Ownership of bridge.
Sec. 408. Project planning.
Sec. 409. Additional powers and responsibilities of authority.
Sec. 410. Funding.
Sec. 411. Availability of prior authorizations.
SEC. 2. <<NOTE: 23 USC 101 note.>> SECRETARY DEFINED.
In this Act, the term ``Secretary'' means the Secretary of
Transportation.
TITLE I--NATIONAL HIGHWAY SYSTEM
SEC. 101. NATIONAL HIGHWAY SYSTEM DESIGNATION.
(a) In General.--Section 103(b) of title 23, United States Code, is
amended by adding at the end the following:
``(5) Designation of nhs.--The National Highway System as
submitted by the Secretary of Transportation on the map entitled
`Official Submission, National Highway System, Federal Highway
Administration', and dated November 13, 1995, is hereby
designated within the United States, including the District of
Columbia and the Commonwealth of Puerto Rico.
``(6) Modifications to nhs.--
``(A) In general.--Subject to paragraph (7), the
Secretary may make modifications to the National Highway
System that are proposed by a State or that are proposed
by the State and revised by the Secretary if the
Secretary determines that each of the modifications--
``(i) meets the criteria established for the
National Highway System under this title; and
``(ii) enhances the national transportation
characteristics of the National Highway System.
``(B) Cooperation.--In proposing modifications under
this paragraph, a State shall cooperate with local and
regional officials. In urbanized areas, the local
officials shall act through the metropolitan planning
organizations designated for such areas under section
134.
``(7) Transitional rules for intermodal connectors.--
``(A) Required submission.--Not later than 180 days
after the date of the enactment of the National Highway
System Designation Act of 1995, the Secretary shall
submit for approval to the Committee on Environment and
Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives modifications to the National Highway
System that are proposed by a State or that are proposed
by the State and revised by the Secretary and that
consist of connectors to major ports, airports,
international border crossings, public transportation
and transit facilities, interstate bus terminals, and
rail and other intermodal transportation facilities.
``(B) Cooperation.--Paragraph (6)(B) shall apply to
modifications proposed by a State under this paragraph.
``(C) Eligibility.--
``(i) Initial approval by law.--Modifications
proposed under subparagraph (A) may take effect
only if a law has been enacted approving such
modifications.
``(ii) Interim eligibility.--Notwithstanding
clause (i), a project to construct a connector to
an intermodal transportation facility described in
subparagraph (A) shall be eligible for funds
apportioned under section 104(b)(1) for the
National Highway System if the Secretary finds
that the project is consistent with criteria
developed by the Secretary for construction of
such connectors.
``(iii) Period of eligibility.--A project
which is eligible under clause (ii) for funds
apportioned under section 104(b)(1) shall remain
eligible for such funds pursuant to clause (ii)
only until the date of the enactment of a law
described in clause (i).
``(D) Modifications after initial approval.--After
the date of the enactment of a law described in
subparagraph (C)(i), a modification consisting of a
connector to an intermodal transportation facility
described in subparagraph (A) may be made in accordance
with paragraph (6).
``(8) Congressional high priority corridors.--Upon the
completion of feasibility studies, the Secretary shall add to
the National Highway System any congressional high priority
corridor or any segment thereof established by section 1105 of
the Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 2031-2037) which was not identified on the National
Highway System designated by paragraph (5).''.
(b) Conforming Amendments.--Section 103(b)(3) of such title is
amended--
(1) in subparagraph (C) by striking ``For purposes of
proposing highways for designation to the National Highway
System, the'' and inserting ``The''; and
(2) in subparagraph (D)--
(A) by striking ``In proposing highways for
designation to the National Highway System, the'' and
inserting ``The''; and
(B) by inserting after ``mileage'' the following:
``on the National Highway System''.
TITLE II--TRANSPORTATION FUNDING <<NOTE: Urban and rural areas.>>
FLEXIBILITY
SEC. 201. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds and declares that--
(1) Federal infrastructure spending on transportation is
critical to the efficient movement of goods and people in the
United States;
(2) section 1003(c) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1921) has been estimated to
result in fiscal year 1996 transportation spending being reduced
by as much as $2,700,000,000;
(3) such section 1003(c) will result in a reduction of
critical funds to States from the Highway Trust Fund; and
(4) the funding reduction will have adverse effects on the
national economy and the predictability of funding for the
Nation's highway system and impede interstate commerce.
(b) Purposes.--The purposes of this title are--
(1) to make the program categories in the Federal-aid
highway program more flexible so that States may fund high-
priority projects in fiscal year 1996;
(2) to reallocate funds from certain programs during fiscal
year 1996 so that the States will be able to continue their core
transportation infrastructure programs;
(3) to ensure the equitable distribution of funds to
urbanized areas with a population over 200,000 in a manner
consistent with the Intermodal Surface Transportation Efficiency
Act of 1991; and
(4) to suspend certain penalties that would be imposed on
the States.
SEC. 202. FUNDING RESTORATION.
(a) In General.--Not later than the 10th day following the date of
the enactment of this Act and on October 1, 1997, or as soon as possible
thereafter, the Secretary shall allocate among the States the amounts
made available, as a result of section 203, to carry out this section
for fiscal years 1996 and 1997, respectively, for projects eligible for
assistance under chapter 1 of title 23, United States Code.
(b) Allocation Formula.--Funds made available to carry out this
section shall be allocated among the States in accordance with the
following table:
States: Allocation Percentages
Alabama................................................... 1.80
Alaska.................................................... 1.20
Arizona................................................... 1.43
Arkansas.................................................. 1.42
California................................................ 9.17
Colorado.................................................. 1.27
Connecticut............................................... 1.74
Delaware.................................................. 0.39
District of Columbia...................................... 0.52
Florida................................................... 4.04
Georgia................................................... 2.92
Hawaii.................................................... 0.54
Idaho..................................................... 0.70
Illinois.................................................. 3.88
Indiana................................................... 2.18
Iowa...................................................... 1.27
Kansas.................................................... 1.13
Kentucky.................................................. 1.53
Louisiana................................................. 1.52
Maine..................................................... 0.65
Maryland.................................................. 1.68
Massachusetts............................................. 4.11
Michigan.................................................. 2.75
Minnesota................................................. 1.69
Mississippi............................................... 1.11
Missouri.................................................. 2.28
Montana................................................... 0.93
Nebraska.................................................. 0.79
Nevada.................................................... 0.69
New Hampshire............................................. 0.48
New Jersey................................................ 2.86
New Mexico................................................ 1.02
New York.................................................. 5.35
North Carolina............................................ 2.62
North Dakota.............................................. 0.64
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