S.Amdt. 2446

SA 2446. Mr. OSSOFF submitted an amendment intended to be proposed to
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself,
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr.
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R.
3684, to authorize funds for Federal-aid highways, highway safety
programs, and transit programs, and for other purposes; which was
ordered to lie on the table; as follows:

On page 202, strike line 5 and insert the following:
(2) in subsection (l)--
(A) by striking paragraph (2);
(B) by striking the subsection designation and all that
follows through ``In determining'' in paragraph (1) in the
matter preceding subparagraph (A) and inserting the
following:
``(l) Accommodating Utility Facilities in the Right-of-
way.--
``(1) Definitions.--In this subsection:
``(A) Right-of-way.--The term `right-of-way' means any real
property, or interest therein, acquired, dedicated, or
reserved for the construction, operation, and maintenance of
a highway.
``(B) Utility facility.--
``(i) In general.--The term `utility facility' means any
privately, publicly, or cooperatively owned line, facility,
or system for producing, transmitting, or distributing
communications, power, electricity, light, heat, gas, oil,
crude products, water, steam, waste, storm water not
connected with highway drainage, or any other similar
commodity, including any fire or police signal system or
street lighting system, that directly or indirectly serves
the public.
``(ii) Inclusions.--The term `utility facility' includes--

``(I) alternative fueling infrastructure;
``(II) a renewable energy generation facility;
``(III) electrical transmission and distribution
infrastructure; and
``(IV) broadband infrastructure and conduit.

``(2) Accommodation.--In determining''; and
(C) by adding at the end the following:
``(3) State approval.--A State, on behalf of the Secretary,
may approve accommodating a utility facility described in
paragraph (1)(B)(ii) within a right-of-way on a Federal-aid
highway.'';
(3) in subsection (o)--
On page 202, line 23, strike ``(3)'' and insert ``(4)''.
On page 203, strike line 17 and insert the following:

the project is located on a Federal-aid highway.
``(t) Vegetation Management.--Notwithstanding any other
provision of law, States are encouraged to implement, or to
enter into partnerships to implement, vegetation management
practices, such as increased mowing heights and planting
native grasses and pollinator-friendly habitats, along a
right-of-way on a Federal-aid highway, if the implementation
of those practices--
``(1) is in the public interest; and
``(2) will not impair the highway or interfere with the
free and safe flow of traffic.''.
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