To amend title 23, United States Code, to provide increased flexibility to donor States, and for other purposes.

July 24, 2003

Mr. BURGESS introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

To amend title 23, United States Code, to provide increased flexibility to donor States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Reforming, Accelerating, and Protecting Interstate Design (RAPID) Act'.

SEC. 2. INNOVATIVE SURFACE TRANSPORTATION FINANCING AND CONTRACTING METHODS.

(a) DEFINITIONS- Section 101 of title 23, United States Code, is amended--

(1) by redesignating paragraphs (28) through (37) as paragraphs (30) through (39), respectively;

(2) by redesignating paragraphs (5) through (27) as paragraphs (6) through (28), respectively;

(3) by inserting after paragraph (4) the following:

`(5) DONOR STATE- The term `donor State' means a State that receives in a fiscal year a percentage of total apportionments and allocations to all States from the Highway Account of the Highway Trust Fund that is less than the percentage attributable to highway users in that State of the total estimated tax payments into the Account by highway users in all States in the most recent fiscal year for which data is available.'.

(4) by inserting after paragraph (28) (as so redesignated) the following:

`(29) RECIPIENT STATE- The term `recipient State' means a State that receives in a fiscal year a percentage of total apportionments and allocations to all States from the Highway Account of the Highway Trust fund that is equal to or greater than the percentage attributable to highway users in that State of the total estimated tax payments into the Account by highway users in all States in the most recent fiscal year for which data is available.'.

(b) DESIGN-BUILD CONTRACTING PROCEDURES- Section 112(b)(3) of title 23, United States Code, is amended--

(1) in subparagraph (A)--

(A) by inserting after `subparagraph (C)' the following: `, or a multimodal transportation project described in subparagraph (E),'; and

(B) by inserting before the period at the end the following: `, including the acceptance of unsolicited proposals if permitted by applicable State and local law';

(2) in subparagraph (D) by inserting after `contractor,' the following: `and that may authorize the contractor to prepare any environmental impact assessments and analyses required for a project,'; and

(3) by adding at the end the following:

`(E) MULTIMODAL TRANSPORTATION PROJECT- A multimodal project referred to in subparagraph (A) and subsection (g) is a project under this chapter that--

`(i) is located within the boundaries of a donor State;

`(ii) is within a network of interconnected corridors;

`(iii) is privately financed, in whole or in part; and

`(iv) contains multiple transportation modes, including highway and rail and utility corridors.'.

(c) ENVIRONMENTAL PROCEDURES- Section 112(g) of title 23, United States Code, is amended--

(1) by inserting `and construction work' after `design work';

(2) by striking `(g) SELECTION PROCESS- ' and inserting the following:

`(g) ENVIRONMENTAL PROCEDURES-

`(1) SELECTION PROCESS- '; and

(3) by adding at the end the following:

`(2) SPECIAL RULE FOR DONOR STATES- A donor State may authorize a consultant under a contract for a multimodal transportation project described in subsection (b)(3)(E) to prepare an environmental impact assessment or analysis, including an environmental impact statement, relating to a segment of the project of less than independent utility and without logical termini. The contract may provide for the simultaneous--

`(A) design and construction of a segment for which the environmental assessment or analysis has been completed; and

`(B) the environmental assessment or analysis of an adjoining segment of the project.'.

(d) WAIVER OF NON-FEDERAL SHARE- Section 120 of title 23, United States Code, is amended by adding at the end the following:

`(m) INCREASED FEDERAL SHARE IN CERTAIN STATES- Notwithstanding any other provision of this title, the Federal share payable on account of any project or activity being carried out under this title within the boundaries of a donor State may amount to 100 percent of the cost of such project or activity.'.

(e) TOLLING OF INTERSTATE SYSTEM- Section 129(a)(1) of title 23, United States Code, is amended in each of subparagraphs (A) and (D) by inserting after `System' the following: `within the boundaries of a recipient State'.

(f) USE OF TOLL REVENUES- Section 129(a)(3) of title 23, United States Code, is amended by adding at the end the following: `This paragraph does not apply to a donor State.'.

(g) APPLICABILITY OF TOLL RESTRICTIONS- Section 129 of title 23, United States Code, is further amended by adding at the end the following:

`(d) REPAYMENT OF FEDERAL SHARE-

`(1) IN GENERAL- Notwithstanding any other provision of this title, the total amount of funds paid from the Highway Account of the Highway Trust Fund to a State for construction of a highway, bridge, or tunnel within the boundaries of that State may be repaid to the Secretary.

`(2) DEPOSIT OF CREDIT- The Secretary shall deposit amounts repaid by a State under this subsection into the Highway Account and credit such amount to the unobligated balance of Federal-aid highway funds available to the State for the same class of funds last apportioned or allocated to the State for construction of the highway, bridge, or tunnel. The amount so credited shall be in addition to all other funds then apportioned or allocated to the State during the fiscal year for which the credit is received and shall be available for expenditure by the State in accordance with the provisions of this title.

`(3) DEREGULATION- Upon the repayment under this subsection of all Federal-aid highway funds expended by a State for construction of a highway, bridge, or tunnel, the highway, bridge, or tunnel--

`(A) shall be removed by the Secretary from all Federal-aid highway programs;

`(B) shall not be subject to any other provision of this title, including any regulation issued to carry out this title; and

`(C) may be operated and maintained by a public authority having jurisdiction over the highway, bridge, or tunnel under applicable State or local law.'.

(h) REGULATIONS-

(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall issue regulations to carry out the amendments made by this section.

(2) CONTENTS- The regulations, at a minimum, shall--

(A) identify the criteria to be used by the Secretary in approving a contract under which the contractor is responsible for preparing any environmental impact assessments and analyses required for a project, as well as the design and construction of the project;

(B) identify the criteria to be used by the Secretary in approving a contract that otherwise includes work preliminary to the final design of a project that will be carried out under such section before compliance with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332); and

(C) establish procedures to be followed by a State transportation department or local transportation agency in the use of design-build contracting procedures allowed under applicable State or local law.

END