II
109th CONGRESS
1st Session
S. 890
IN THE SENATE OF THE UNITED STATES
April 22, 2005
Mr. Sarbanes (for himself, Mr. Alexander, Mr. Akaka, Mrs. Boxer, Mr. Corzine, Mr. Dodd, Mrs. Feinstein, Mr. Kennedy, Mr. Lautenberg, Mr. Levin, Mr. Salazar, Mr. Schumer, Ms. Stabenow, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
A BILL
To provide for alternative transportation in certain federally owned or managed areas that are open to the general public.
Short title
This Act may be cited as the
Transit in Parks
Act
or the TRIP
Act
.
Federal land transit program
In general
Chapter 53 of title 49, United States Code, is amended by inserting after section 5315 the following:
Federal land Transit program
Findings and purposes
Findings
Congress finds that—
section 3039 of the Transportation Equity Act for the 21st Century (23 U.S.C. 138 note; Public Law 105–178) required a comprehensive study, to be conducted by the Secretary of Transportation, in coordination with the Secretary of the Interior, of alternative transportation needs in national parks and related public lands in order to—
identify the transportation strategies that improve the management of national parks and related public lands;
identify national parks and related public lands that have existing and potential problems of adverse impact, high congestion, and pollution, or that can otherwise benefit from alternative transportation modes;
assess the feasibility of alternative transportation modes; and
identify and estimate the costs of those alternative transportation modes;
the study found that many federally-managed sites are experiencing very high visitation levels that are continuing to increase and that there are significant transit needs at many of these sites;
the study concluded that implementing transit on federally-managed land can help—
relieve traffic congestion and parking shortages;
enhance visitor mobility and accessibility;
preserve sensitive natural, cultural, and historic resources;
provide improved interpretation, education, and visitor information services;
reduce pollution; and
improve economic development opportunities for gateway communities;
the Department of Transportation can assist the Federal land management agencies through financial support and technical assistance and further the achievement of national goals described in subparagraph (C);
immediate financial and technical assistance by the Department of Transportation, working with Federal land management agencies and State and local governmental authorities to develop efficient and coordinated alternative transportation systems within and in the vicinity of eligible areas, is essential to—
protect and conserve natural, historical, and cultural resources;
prevent or mitigate adverse impacts on those resources;
relieve congestion;
minimize transportation fuel consumption;
reduce pollution (including noise pollution and visual pollution); and
enhance visitor mobility, accessibility, and the visitor experience; and
it is in the interest of the United States to encourage and promote the development of transportation systems for the betterment of eligible areas to meet the goals described in clauses (i) through (vi) of subparagraph (E).
Purposes
The purposes of this section are—
to develop a cooperative relationship between the Secretary of Transportation and the Secretary of the Interior to carry out this section;
to encourage the planning and establishment of alternative transportation systems and nonmotorized transportation systems needed within and in the vicinity of eligible areas, located in both urban and rural areas, that—
enhance resource protection;
prevent or mitigate adverse impacts on those resources;
improve visitor mobility, accessibility, and the visitor experience;
reduce pollution and congestion;
conserve energy; and
increase coordination with gateway communities;
to assist Federal land management agencies and State and local governmental authorities in financing areawide alternative transportation systems and nonmotorized transportation systems to be operated by public or private alternative transportation providers, as determined by local and regional needs, and to encourage public-private partnerships; and
to assist in research concerning, and development of, improved alternative transportation equipment, facilities, techniques, and methods with the cooperation of public and private companies and other entities engaged in the provision of alternative transportation service.
Definitions
In this section:
Alternative transportation
In general
The term alternative transportation means transportation by bus, rail, or any other publicly or privately owned conveyance that provides to the public general or special service on a regular basis.
Inclusions
The term alternative transportation includes sightseeing service.
Eligible area
In general
The term eligible area means any Federally owned or managed park, refuge, or recreational area that is open to the general public.
Inclusions
The term eligible area includes—
a unit of the National Park System;
a unit of the National Wildlife Refuge System; and
a recreational area managed by the Bureau of Land Management.
Federal land management agency
The term Federal land management agency means a Federal agency that manages an eligible area.
Qualified participant
The term qualified participant means—
a Federal land management agency; or
a State or local governmental authority with jurisdiction over land in the vicinity of an eligible area acting with the consent of the Federal land management agency, alone or in partnership with a Federal land management agency or other Governmental or nongovernmental participant.
Qualified project
The term qualified project means a planning or capital project in or in the vicinity of an eligible area that—
is an activity described in section 5302(a)(1), 5303(g), or 5309(a)(1)(A);
involves—
the purchase of rolling stock that incorporates clean fuel technology or the replacement of buses of a type in use on the date of enactment of this section with clean fuel vehicles; or
the deployment of alternative transportation vehicles that introduce innovative technologies or methods;
relates to the capital costs of coordinating the Federal land management agency alternative transportation systems with other alternative transportation systems;
provides a nonmotorized transportation system (including the provision of facilities for pedestrians, bicycles, and nonmotorized watercraft);
provides waterborne access within or in the vicinity of an eligible area, as appropriate to and consistent with the purposes described in subsection (a)(2); or
is any other alternative transportation project that—
enhances the environment;
prevents or mitigates an adverse impact on a natural resource;
improves Federal land management agency resource management;
improves visitor mobility and accessibility and the visitor experience;
reduces congestion and pollution (including noise pollution and visual pollution); and
conserves a natural, historical, or cultural resource (excluding rehabilitation or restoration of a nontransportation facility).
Secretary
The term Secretary means the Secretary of Transportation.
Federal agency cooperative arrangements
The Secretary shall develop cooperative arrangements with the Secretary of the Interior that provide for—
technical assistance in alternative transportation;
interagency and multidisciplinary teams to develop Federal land management agency alternative transportation policy, procedures, and coordination; and
the development of procedures and criteria relating to the planning, selection, and funding of qualified projects and the implementation and oversight of the program of projects in accordance with this section.
Types of assistance
In general
The Secretary may enter into a contract, grant, cooperative agreement, interagency agreement, intra-agency agreement, or other agreement to carry out a qualified project under this section.
Other uses
A grant, cooperative agreement, interagency agreement, intra-agency agreement, or other agreement for a qualified project under this section shall be available to finance the leasing of equipment and facilities for use in alternative transportation, subject to any regulation that the Secretary may prescribe limiting the grant or agreement to leasing arrangements that are more cost-effective than purchase or construction.
Limitation on use of available amounts
In general
The Secretary may allocate not more than 5 percent of the amount made available for a fiscal year under section 5338(j) for use by the Secretary in carrying out planning, research, and technical assistance under this section, including the development of technology appropriate for use in a qualified project.
Amounts for planning, research, and technical assistance
Amounts made available under this subsection are in addition to amounts otherwise available for planning, research, and technical assistance under this title or any other provision of law.
Amounts for qualified projects
No qualified project shall receive more than 12 percent of the total amount made available under section 5338(j) for any fiscal year.
Operations
To the extent the Secretary determines appropriate, the Secretary may make grants under this section to finance the operating cost of equipment and facilities for use in a qualified project.
Planning process
In undertaking a qualified project under this section—
if the qualified participant is a Federal land management agency—
the Secretary, in cooperation with the Secretary of the Interior, shall develop transportation planning procedures that are consistent with—
the metropolitan planning provisions under sections 5303 through 5305;
the statewide planning provisions under section 135 of title 23; and
the public participation requirements under section 5307(c); and
in the case of a qualified project that is at a unit of the National Park system, the planning process shall be consistent with the general management plans of the unit of the National Park system; and
if the qualified participant is a State or local governmental authority, or more than 1 State or local governmental authority in more than 1 State, the qualified participant shall—
comply with sections 5303 through 5305;
comply with the statewide planning provisions under section 135 of title 23;
comply with the public participation requirements under section 5307(c); and
consult with the appropriate Federal land management agency during the planning process.
Cost sharing
Departmental share
The Secretary, in cooperation with the Secretary of the Interior, shall establish the share of assistance to be provided under this section to a qualified participant.
Considerations
In establishing the departmental share of the net project cost of a qualified project, the Secretary shall consider—
visitation levels and the revenue derived from user fees in the eligible area in which the qualified project is carried out;
the extent to which the qualified participant coordinates with a public or private alternative transportation authority;
private investment in the qualified project, including the provision of contract services, joint development activities, and the use of innovative financing mechanisms;
the clear and direct benefit to the qualified participant; and
any other matters that the Secretary considers appropriate to carry out this section.
Nondepartmental share
Notwithstanding any other provision of law, Federal funds appropriated to any Federal land management agency may be counted toward the nondepartmental share of the cost of a qualified project.
Selection of qualified projects
In general
The Secretary of the Interior, after consultation with and in cooperation with the Secretary, shall determine the final selection and funding of an annual program of qualified projects in accordance with this section.
Considerations
In determining whether to include a project in the annual program of qualified projects, the Secretary of the Interior shall consider—
the justification for the qualified project, including the extent to which the qualified project would conserve resources, prevent or mitigate adverse impact, and enhance the environment;
the location of the qualified project, to ensure that the selected qualified projects—
are geographically diverse nationwide; and
include qualified projects in eligible areas located in both urban areas and rural areas;
the size of the qualified project, to ensure that there is a balanced distribution;
the historical and cultural significance of a qualified project;
safety;
the extent to which the qualified project would—
enhance livable communities;
reduce pollution (including noise pollution, air pollution, and visual pollution);
reduce congestion; and
improve the mobility of people in the most efficient manner; and
any other matters that the Secretary considers appropriate to carry out this section, including—
visitation levels;
the use of innovative financing or joint development strategies; and
coordination with gateway communities.
Qualified projects carried out in advance
In general
When a qualified participant carries out any part of a qualified project without assistance under this section in accordance with all applicable procedures and requirements, the Secretary may pay the departmental share of the net project cost of a qualified project if—
the qualified participant applies for the payment;
the Secretary approves the payment; and
before carrying out that part of the qualified project, the Secretary approves the plans and specifications in the same manner as plans and specifications are approved for other projects assisted under this section.
Interest
In general
The cost of carrying out part of a qualified project under paragraph (1) includes the amount of interest earned and payable on bonds issued by a State or local governmental authority, to the extent that proceeds of the bond are expended in carrying out that part.
Limitation
The rate of interest under this paragraph may not exceed the most favorable rate reasonably available for the qualified project at the time of borrowing.
Certification
The qualified participant shall certify, in a manner satisfactory to the Secretary, that the qualified participant has exercised reasonable diligence in seeking the most favorable interest rate.
Full funding agreement; project management plan
If the amount of assistance anticipated to be required for a qualified project under this section is more than $25,000,000—
the qualified project shall, to the extent that the Secretary considers appropriate, be carried out through a full funding agreement in accordance with section 5309(g); and
the qualified participant shall prepare a project management plan in accordance with section 5327(a).
Relationship to other laws
Qualified participants shall be subject to—
the requirements of section 5333;
to the extent that the Secretary determines to be appropriate, requirements consistent with those under subsections (d) and (i) of section 5307; and
any other terms, conditions, requirements, and provisions that the Secretary determines to be appropriate to carry out this section, including requirements for the distribution of proceeds on disposition of real property and equipment resulting from a qualified project assisted under this section.
Innovative financing
A qualified project assisted under this section shall be eligible for funding through a State Infrastructure Bank or other innovative financing mechanism otherwise available to finance an eligible project under this chapter.
Asset management
The Secretary may transfer the interest of the Department of Transportation in, and control over, all facilities and equipment acquired under this section to a qualified participant for use and disposition in accordance with any property management regulations that the Secretary determines to be appropriate.
Coordination of research and deployment of new technologies
In general
The Secretary, in cooperation with the Secretary of the Interior, may undertake, or make grants or contracts (including agreements with departments, agencies, and instrumentalities of the Federal Government) or other agreements for research, development, and deployment of new technologies in eligible areas that will—
conserve resources;
prevent or mitigate adverse environmental impact;
improve visitor mobility, accessibility, and enjoyment; and
reduce pollution (including noise pollution and visual pollution).
Access to information
The Secretary may request and receive appropriate information from any source.
Funding
Grants and contracts under paragraph (1) shall be awarded from amounts allocated under subsection (e)(1).
Report
In general
The Secretary, in consultation with the Secretary of the Interior, shall annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and to the Committee on Banking, Housing, and Urban Affairs of the Senate a report on the allocation of amounts to be made available to assist qualified projects under this section.
Annual and supplemental reports
A report required under paragraph (1) shall be included in the report submitted under section 5309(p).
.
Authorizations
Section 5338 of title 49, United States Code, is amended by adding at the end the following:
Section 5316
In general
There is authorized to be appropriated to carry out section 5316 $90,000,000 for each of fiscal years 2005 through 2010.
Availability
Amounts made available under this subsection for any fiscal year shall remain available for obligation until the last day of the third fiscal year commencing after the last day of the fiscal year for which the amounts were initially made available under this subsection.
.
Conforming amendments
Table of sections
The table of sections for chapter 53 of title 49, United States Code, is amended by inserting after the item relating to section 5315 the following:
5316. Federal land transit program.
.
Project management oversight
Section 5327(c) of title 49, United States Code, is amended in the first sentence—
by striking or 5311
and
inserting 5311, or 5316
; and
by striking 5311, or
and
inserting 5311, 5316, or
.
Technical amendments
Chapter 53 of title 49, United States Code, is amended—
in section 5309—
by redesignating subsection (p) as subsection (q); and
by redesignating the second subsection designated as subsection (o) (as added by section 3009(i) of the Federal Transit Act of 1998 (112 Stat. 356)) as subsection (p);
in section 5328(a)(4), by striking
5309(o)(1)
and inserting 5309(p)(1)
; and
in section 5337, by redesignating the second subsection designated as subsection (e) (as added by section 3028(b) of the Federal Transit Act of 1998 (112 Stat. 367)) as subsection (f).