Conference report on h. R. 3, Safe, accountable, flexible, efficient transportation equity act: a legacy for users

   SEC. 1917. OPENING OF INTERSTATE RAMPS

   House Bill

   Sec. 1212.

   This section provides for opening a ramp connecting I-495 and Arena Drive in the State of Maryland.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference agrees to House provision with a modification to that the State DOT certifies to the Secretary that the opening of this ramp does not present a safety risk.

   SEC. 1918. CREDIT TO STATE OF LOUISIANA FOR STATE MATCHING FUNDS

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 1828.

   This provision allows the State of Louisiana to receive a credit in an amount equal to the cost of any planning, engineering, design, or construction work carried out by the State on any project numbered 202 under section 1602 of TEA-21.

   Conference Substitute

   The Conference adopts the Senate provision.

   SEC. 1919. ROAD USER FEES

   House Bill

   Sec. 1813.

   The issue of future financing of the Highway Trust Fund is a critical one that Congress must begin to address. The Trust Fund is currently financed primarily through fuel excise taxes and certain truck taxes. When the Trust Fund was established in the 1950s, it was legitimate to have the gas tax serve as a surrogate for road usage and be the basis for the user-pays system of the federal highway program. But with the advent of hybrid cars, alternative fuels, the potential for fuel cell technology, increased fuel efficiency and other technological developments, the relationship between the gas tax and road usage is diminishing.

   On July 16, 2002, the Subcommittee on Highways, Transit, and Pipelines held a hearing on this and related topics. Testimony was received from representatives of the Public Policy Center of the University of Iowa regarding research that was then in progress, though now completed, to develop a new approach for charging vehicles that travel on the public roads. A consortium of the Federal Highway Administration and 15 state departments of transportation funded the study. The purpose of the study was to evaluate how intelligent transportation system technology (GPS and on-board computers, smart cards and collection centers) can be used to assess mileage-based road user charges.

   This section provides funding and authorization for the Secretary to conduct a pilot project to test the technology and feasibility of the system. It is contemplated that various cars will be equipped with the technology in different regions of the country with a diverse set of drivers. An important element of the study is measuring the public acceptance of such a system and to ensure that privacy concerns of drivers are met.

   The finding of this study will provide useful information as the Congress strives to identify a funding source to finance the federal-aid highway programs that is stable, accurate, fairer and more flexible than the current gas tax.

   Senate Bill

   The Senate has a comparable provision in title V of the Senate passed bill.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 1920. TRANSPORTATION AND LOCAL WORKFORCE INVESTMENT

   House Bill

   Sec. 1836.

   This section expresses the sense of the Congress that Federal transportation projects should facilitate and encourage the collaboration between interested persons to help leverage scarce training and community resources and to help encourage local participation in the building of transportation projects.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 1921. UPDATE OF OBSOLETE TEXT

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 1901.

   Letting of Contracts: This amendment deletes the obsolete exception.

   Fringe and Corridor Parking Facilities: The amendment would substitute a meaningful reference for the obsolete term.

   Repeal of obsolete sections of title 23: This section repeals obsolete sections of title 23: Priority Primary Routes (23 U.S.C. 147); Development of a National Scenic and Recreational Highway (23 U.S.C. 148); and Access

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Highways to Public Recreational Areas on Certain Lakes (23 U.S.C. 155).

   Conference Substitute

   The Conferees adopts the Senate provision.

   SEC. 1922. TECHNICAL AMENDMENTS TO NONDISCRIMINATION SECTION

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 1905.

   This section makes several technical amendments to section 140 of title 23.

   Technical changes made include:

   Eliminating gender-based language;

   Clarifying that funding made available to carry out this section has the same broad availability as the source from which the funds are made available (an STP takedown);

   Removing the $2.5 million funding cap on highway construction and technology training programs established for fiscal year 1976 as no longer necessary;

   Correcting a typographical error; and

   Clarifying the purpose and intent of subsection (d) by modifying the title to remove the reference to Indian contracting.

   Conference Substitute

   The Conference adopts the Senate provision.

   SEC. 1923. TRANSPORTATION ASSETS AND NEEDS OF DELTA REGION

   House Bill

   Sec. 1806.

   This section authorizes the Secretary to contract with the Delta Regional Authority (DRA) to conduct a study on the Delta region's transportation assets and needs for all modes of transportation, including passenger and freight transportation. This section also directs the DRA to report to Congress the results of the study and establish a regional strategic plan to implement the report's recommendations.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 1924. ALASKA WAY VIADUCT STUDY

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 1831.

   This provision requires the Secretary to study and report to Congress the damage of the Viaduct from the Nisqually earthquake in Seattle, WA.

   Conference Substitute

   The Conference adopts the Senate provision.

   SEC. 1925. COMMUNITY ENHANCEMENT STUDY

   House Bill

   Sec. 1835.

   This section directs the Secretary to make a grant to, or enter into a cooperative agreement or contract with, a national organization representing architects who have expertise in the design of a wide range or transportation and infrastructure projects to conduct a study on the role of well-designed transportation projects in promoting community enhancement.

   Senate Bill

   Sec. 1833.

   This section directs the Secretary to make a grant to, or enter into a cooperative agreement or contract with, a national organization who have expertise in the design of a wide range or transportation and infrastructure projects to conduct a study on the role of well-designed transportation projects in promoting community enhancement.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 1926. BUDGET JUSTIFICATION

   House Bill

   Sec. 1801.

   This section requires the Department of Transportation and each agency therein to submit to the Committee on Transportation and Infrastructure a budget justification concurrently with the President's Annual Budget submission.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House provision with a modification to add the Committee on Environment and Public Works to also receive a copy of the budget justification.

   SEC. 1927. 14TH AMENDMENT HIGHWAY AND 3RD INFANTRY DIVISION HIGHWAY

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 1524.

   This provision requires the Secretary to conduct a study and report on the construction of a route linking cities in Georgia to cities in Mississippi and Tennessee.

   Conference Substitute

   The Conference adopts the Senate provision.

   SEC. 1928. SENSE OF CONGRESS REGARDING BUY AMERICA

   House Bill

   Sec. 1834.

   The Committee is concerned that the intent of Congress in the original Buy America (P.L. 97-424 165) is being misinterpreted on federally funded bridge projects. The Buy America provision provides that domestic iron and steel be used in federal transportation projects unless its use would increase the ``overall project contract'' by more than 25 percent. The problem that is emerging in the highway bridge industry is that project managers are attempting to circumvent the Buy America requirement by breaking bridge projects into component parts and applying the 25% test separately to each of the component parts, rather than to the entire bridge project as required by law. The intent of the Buy America/domestic content law was to ensure that when taxpayer money is invested on direct federal government procurement and infrastructure projects, these expenditures stimulate U.S. production and employment. This provision is intended to end any confusion or misinterpretation of the law by making clear that it is the Sense of Congress that the Buy America test applies to the overall bridge project.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Committee is concerned that the States are inconsistently interpreting certain Buy America provisions of Federally-funded highway projects. To clear up these inconsistencies, we are reiterating our intent concerning the proper application of the ``minimal use'' exception to Buy America in these projects.

   ``Minimal use'' of foreign steel and iron materials is only allowed on a project using Federal highway funds when the cost of the steel and iron materials does not exceed the higher of (a) 0.1 percent of the total contract cost or (b) $2,500. For the purpose of determining compliance with this ``minimal use'' exception, the ``combined project cost'' of the materials is to be used. ``Combined project cost'' is the unit cost as shown in the executed contract, multiplied by the quantity of units on the project. The contractor's cost of the actual material is irrelevant and is not to be considered. This procedure is to be followed with respect to procurements involving both prime contractors and subcontractors, so that the cost to the subcontractor of materials supplied to a prime contractor under a project is not to be considered, but rather, the amount being charged to the prime contractor by the subcontractor for the materials.

   For the purpose of this provision, if a contract contains a quantity of five units of a particular bid item, if even one of the units is of foreign origin, the total ``combined project cost'' of all five units is to be used to determine compliance with the ``minimal use'' requirement. In addition, if any component of a bid item is foreign, the entire bid item is considered foreign. In turn, the unit cost as shown in the executed contract, multiplied by the quantity of units used on the project, is to be used to determine compliance with the ``minimal use'' requirement.

   For the purpose of this provision, the North American Free Trade Agreement (NAFTA) has no effect. Iron and steel products from Canada and Mexico are considered to be of foreign origin.

   SEC. 1929. DESIGNATION OF DANIEL PATRICK MOYNIHAN INTERSTATE HIGHWAY

   House Bill

   No comparable provision in House bill.

   Senate Bill

   Sec. 1205.

   This section designates Interstate Highway 86 in the State of New York as the Daniel Patrick Moynihan Interstate Highway and the 3 mile segment of Interstate 86 between New York State Route 15 in the vicinity of Painted Post, New York and State Route 352 in the vicinity of Corning, New York as the Amo Houghton Bypass.

   Conference Substitute

   The Conference adopts the Senate provision with a modification to provide a separate section in law for each of these requests.

   SEC. 1930. DESIGNATION OF THOMAS P. ``TIP'' O'NEILL, JR. TUNNEL

   House Bill

   Sec. 1814.

   This section designates that, in honor of his service to the Commonwealth of Massachusetts and to the United States, and in recognition of his contributions toward the construction of the Central Artery project in Boston, Massachusetts, the Central Artery Tunnel should be named as the ``Thomas P. 'Tip' O'Neill, Jr. Tunnel''.

   Senate Bill

   No comparable provision in Senate bill.

   Conference Substitute

   The Conference adopts the House provision.

   SEC. 1931. RICHARD NIXON PARKWAY, CALIFORNIA

   House Bill

   This section designates the segment of the Imperial Highway located between California State Route 91 and Esperanza Road to be known and designated as the Richard Nixon Parkway.

   Senate Bill

   No comparable provision in the Senate bill.

   Conference Substitute

   The Conference adopts the House provision.

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   SEC. 1932. AMO HOUGHTON BYPASS

   House Bill

   Sec. 1838.

   This provision designates a 3-mile segment in New York as the Amo Houghton Bypass.

   Senate Bill

   Sec. 1205(b).

   This provision designates a 3-mile segment in New York as the Amo Houghton Bypass. Any reference in any way to this highway segment shall be deemed to be a reference to the Amo Houghton Bypass.

   Conference Substitute

   The Conference adopts the Senate provision.

   SEC. 1933. BILL TAUZIN ENERGY CORRIDOR

   SEC. 1934. TRANSPORTATION IMPROVEMENTS

   House Bill

   No comparable provision.

   Senate Bill

   No comparable provision.

   Conference Substitute

   This provision was added in conference to provide states with such sums as necessary as required in this provision in order to carry out projects in the table contained in subsection (c) of this program.

   SEC. 1935. PROJECT FLEXIBILITY

   House Bill

   No comparable provision in the House bill.

   Senate Bill

   No comparable provision in the Senate bill.

   Conference Substitute

   The Conference added this provision to provide States with the flexibility to transfer funds from projects allocated under this section to any other project in the state so long as the funding for each project in this section is not ultimately reduced.

   SEC. 1936. ADVANCES

   House Bill

   No comparable provision in the House bill.

   Senate Bill

   No comparable provision in the Senate bill.

   Conference Substitute

   The Conference added this provision to allow states to obligate funds from 104(b) to carry out any project designated in any of sections 1301 (Projects of National and Regional Significance), 1302 (Corridors), 1306 (Freight Intermodal Pilot) and 1933 (Transportation Projects) as well as for sections 117 (High Priority Projects) and 144(g) Bridge Discretionary of title 23. The amount authorized to obligate under this section shall not exceed the amount authorized for that project and it can only be funded by programs by which the project would be eligible. These funds must be restored from funds allocated for that project.

   SEC. 1937. ROADS IN CLOSED BASINS

   House Bill

   No comparable provision in the House bill.

   Senate Bill

   No comparable provision in the Senate bill.

   Conference Substitute

   The Conference included this provision to require the Secretary to provide advancement or reimbursement under the emergency relief program to North Dakota for the State to carry out the construction of necessary improvements at Devils Lake. These improvements shall be in accordance with the options and needs identified in the ``Roadways Serving as Water Barriers'' report dated May 2000, any needs relating to Devils Lake identified after May 2000, and any monitoring, study, or design or preliminary engineering associated with evaluating or constructing the measures.

   SEC. 1938. TECHNOLOGY

   House Bill

   Sec. 1829.

   This section encourages states to consider using a new technology to detect cracks in bridges.

   Senate Bill

   No comparable provision in the Senate bill.

   Conference Substitute

   The Conference adopts the House provision.

   RV-FRIENDLY LOGO

   The conference applauds the FHWA for their commitment to alleviating the concerns of RV users by alerting them to facilities equipped to accommodate their special needs through the use of an RV-friendly logo. The conference is aware that states are beginning to enact regulations concerning RV-friendly signage and believes it is important for the FHWA to establish uniform road signs. The conference encourages the FHWA to expedite approval of the new RV-friendly signage by immediately issuing an interim rule and completing the process by September 30, 2006.

   SOLID WASTE DISPOSAL

   This section amends the Solid Waste Disposal to require the Administrator of the Environmental Protection Agency and each agency head to take necessary actions to implement fully all procurement requirements and incentives that provide for the use of cement and concrete incorporating recovered mineral component in cement or concrete projects. An agency head is required to give priority to achieving greater use of recovered mineral component for which it has not been historically used or used minimally. This section also requires the Administrator, in cooperation with the Secretaries of Transportation and Energy, to conduct a study to determine the extent to which current procurement requirements may realize energy savings and environmental benefits attainable with the substitution of recovered mineral component in cement used in cement or concrete projects. Additionally, this section requires the Administrator, in consultation with other agency heads, to establish criteria for the safe and environmentally protective use of granular mine tailings from the Tar Creek, Oklahoma Mining District, known as `chat', for cement or concrete projects, and transportation projects, including those that use asphalt, that are carried out using Federal funds. In establishing the criteria, the Administrator is required to consider current and previous uses of `chat,' and any environmental and public health risks and benefits derived from removal, transportation and use of `chat.'

   CLARIFICATION OF DATE.

   This section restates, as a calendar date, a date in title 23 that currently is expressed as a reference to a date of enactment of law, making it difficult to understand. No change in the actual date is made.

   DISCRETIONARY BRIDGES

   Of the amounts appropriated to the Bridge Discretionary Program Section 1114(e) for the State of Vermont, Congress intends that the State shall allocate $1,000,000 for the Community Center Bridge in Springfield, VT; $5,000,000 for the River Street Bridge in Rutland City; $4,500,000 for Bridge 4 in Tunbridge, VT; $3,000,000 for Bridge 30 in Stockbridge, VT; $2,100,000 for Bridge 1 in Reading, VT; $6,000,000 for the bridge over the New Haven River on VT RT 116 in Bristol, VT; $4,000,000 for Bridge 9 in Cornwall, VT; $3,900,000 for Bridge 31 in Bethel, VT; and $2,500,000 for the East Street Bridge in Huntington, VT.

   STREETSCAPE, TRAIL AND ROAD

   Of the amounts appropriated in section 1934 for item # to the State of Vermont for streetscape, multi-use trail, and road improvements in Lamoille, Caledonia, Grand Isle and Chittenden Counties, Congress intends that the State allocate $500,000 for planning and construction of pedestrian walkways in Morrisville, VT; $835,000 for construction of pedestrian walkways in Stowe, VT; $1,000,000 for construction of a multi-use trail in Hardwick, VT; $750,000 for streetscape improvements in Jericho, VT; $330,000 for downtown street improvements in Alburg, VT; and $585,000 for improvements to Hogback Road in Waterville, Cambridge, and Johnson, VT.

   SMALL BRIDGES

   Of the amounts appropriated in section 1934 for item # to the State of Vermont for small bridge improvements, Congress intends that the State shall allocate $500,000 for Bridge 15 in Granville, VT; $1,100,000 for Bridge 48 in Lincoln, VT; $660,000 for Bridge 17 in Ripton, VT; $1,500,000 for Bridge 14 in Sunderland, VT; $940,000 for Bridge 31 in Readsboro, VT; $1,600,000 for Bridge 16 and Bridge 17 in Burke, VT; $770,000 for Bridge 24 in Montgomery, VT; $1,000,000 for Bridge 3 in Stowe, VT; $730,000 for Bridge 30 in Albany, VT; $1,290,000 for Bridge 61 in Barton, VT; $650,000 for Bridge 16 in Charleston, VT; $750,000 for Bridge 50 in Wallingford, VT; $600,000 for Bridge 37 in Shrewsbury, VT; $730,000 for Bridge 24 in Clarendon, VT; $760,000 for Bridge 37 in Cabot, VT; $890,000 for Bridge 56 in Guilford, VT; $640,000 for Bridge 33 in Jamaica, VT; $1,600,000 for Bridge 17 in Newfane, VT; $2,700,000 for Bridge 50 in Woodstock, VT; $490,000 for Bridge 8 in Barnard, VT; $2,000,000 for the bridge on Bridge Street over the Stevens Branch of the Winooski River in Barre Town, VT; $1,700,000 for Bridge 29 in Saint Johnsbury, VT; $1,140,000 for Bridge 45 in Cavendish, VT; $320,000 for Bridge 20 in Vershire, VT; $680,000 for Bridge 25 in Reading, VT; $1,340,000 for Bridge 26 in New Haven and Weybridge, VT; $810,000 for Bridge 63 in Chester, VT; $980,000 for Bridge 34 in Corinth, VT; and $1,130,000 for Bridge 22 in Bradford, VT.

   WESTERN RAIL CORRIDOR

   Of the amounts appropriated in Section 1934 for item # to the State of Vermont for improvements to the Western Rail Corridor between Alburg, St Albans, Burlington, Middlebury, Rutland, Manchester, Bennington and west to Hoosick Junction, New York, priority shall be given to completing the Middlebury Rail Spur, upgrading the rail line for passenger service between Manchester, Rutland and Charlotte and improving the movement of freight rail through major cities, including Rutland.

   GATEWAY RURAL IMPROVEMENT PROGRAM

   Section 1946 authorizes a new Gateway Rural Improvement Program in Vermont to demonstrate the impact of a freight transportation gateway program on a rural rail corridor. Funding preferences shall be given to a corridor in Western Vermont that includes, but is not limited to, the Middlebury Rail Spur, Rutland rail improvements, St. Albans intermodal facilities, and the Albany, Bennington, Rutland, Burlington & Essex rail upgrades. User fees may be used to provide part or all of the cost of a project under this section.