Transit in Parks Act (or the TRIP Act) - Directs the Secretary of Transportation to develop cooperative relationships with the Secretary of the Interior providing for: (1) technical assistance in alternative transportation; (2) interagency and multidisciplinary teams to develop Federal land management agency (the National Park Service, the United States Fish and Wildlife Service, or the Bureau of Land Management) alternative transportation policy, procedures, and coordination; and (3) the development of procedures and criteria relating to the planning, selection, and funding of qualified planning or capital projects (carried out in or in the vicinity of any federally owned or managed park, refuge, or recreational area open to the general public), as well as implementation and oversight of the projects program.
Sets forth requirements with respect to departmental cost sharing, financing, and selection of qualified projects.
Requires projects of more than $25 million to be carried out through a full funding agreement.
Requires the qualified participants of such projects to prepare a project management plan.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 890 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 890
To provide for alternative transportation in certain federally owned or
managed areas that are open to the general public.
_______________________________________________________________________
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.
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 ``Transit in Parks Act'' or the ``TRIP
Act''.
SEC. 2. FEDERAL LAND TRANSIT PROGRAM.
(a) In General.--Chapter 53 of title 49, United States Code, is
amended by inserting after section 5315 the following:
``Sec. 5316. Federal land Transit program
``(a) Findings and Purposes.--
``(1) Findings.--Congress finds that--
``(A) 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--
``(i) identify the transportation
strategies that improve the management of
national parks and related public lands;
``(ii) 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;
``(iii) assess the feasibility of
alternative transportation modes; and
``(iv) identify and estimate the costs of
those alternative transportation modes;
``(B) 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;
``(C) the study concluded that implementing transit
on federally-managed land can help--
``(i) relieve traffic congestion and
parking shortages;
``(ii) enhance visitor mobility and
accessibility;
``(iii) preserve sensitive natural,
cultural, and historic resources;
``(iv) provide improved interpretation,
education, and visitor information services;
``(v) reduce pollution; and
``(vi) improve economic development
opportunities for gateway communities;
``(D) 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);
``(E) 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--
``(i) protect and conserve natural,
historical, and cultural resources;
``(ii) prevent or mitigate adverse impacts
on those resources;
``(iii) relieve congestion;
``(iv) minimize transportation fuel
consumption;
``(v) reduce pollution (including noise
pollution and visual pollution); and
``(vi) enhance visitor mobility,
accessibility, and the visitor experience; and
``(F) 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).
``(2) Purposes.--The purposes of this section are--
``(A) to develop a cooperative relationship between
the Secretary of Transportation and the Secretary of
the Interior to carry out this section;
``(B) 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--
``(i) enhance resource protection;
``(ii) prevent or mitigate adverse impacts
on those resources;
``(iii) improve visitor mobility,
accessibility, and the visitor experience;
``(iv) reduce pollution and congestion;
``(v) conserve energy; and
``(vi) increase coordination with gateway
communities;
``(C) 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
``(D) 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.
``(b) Definitions.--In this section:
``(1) Alternative transportation.--
``(A) 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.
``(B) Inclusions.--The term `alternative
transportation' includes sightseeing service.
``(2) Eligible area.--
``(A) In general.--The term `eligible area' means
any Federally owned or managed park, refuge, or
recreational area that is open to the general public.
``(B) Inclusions.--The term `eligible area'
includes--
``(i) a unit of the National Park System;
``(ii) a unit of the National Wildlife
Refuge System; and
``(iii) a recreational area managed by the
Bureau of Land Management.
``(3) Federal land management agency.--The term `Federal
land management agency' means a Federal agency that manages an
eligible area.
``(4) Qualified participant.--The term `qualified
participant' means--
``(A) a Federal land management agency; or
``(B) 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.
``(5) Qualified project.--The term `qualified project'
means a planning or capital project in or in the vicinity of an
eligible area that--
``(A) is an activity described in section
5302(a)(1), 5303(g), or 5309(a)(1)(A);
``(B) involves--
``(i) 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
``(ii) the deployment of alternative
transportation vehicles that introduce
innovative technologies or methods;
``(C) relates to the capital costs of coordinating
the Federal land management agency alternative
transportation systems with other alternative
transportation systems;
``(D) provides a nonmotorized transportation system
(including the provision of facilities for pedestrians,
bicycles, and nonmotorized watercraft);
``(E) 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
``(F) is any other alternative transportation
project that--
``(i) enhances the environment;
``(ii) prevents or mitigates an adverse
impact on a natural resource;
``(iii) improves Federal land management
agency resource management;
``(iv) improves visitor mobility and
accessibility and the visitor experience;
``(v) reduces congestion and pollution
(including noise pollution and visual
pollution); and
``(vi) conserves a natural, historical, or
cultural resource (excluding rehabilitation or
restoration of a nontransportation facility).
``(6) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(c) Federal Agency Cooperative Arrangements.--The Secretary shall
develop cooperative arrangements with the Secretary of the Interior
that provide for--
``(1) technical assistance in alternative transportation;
``(2) interagency and multidisciplinary teams to develop
Federal land management agency alternative transportation
policy, procedures, and coordination; and
``(3) 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.
``(d) Types of Assistance.--
``(1) 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.
``(2) 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.
``(e) Limitation on Use of Available Amounts.--
``(1) 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.
``(2) 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.
``(3) 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.
``(4) 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.
``(f) Planning Process.--In undertaking a qualified project under
this section--
``(1) if the qualified participant is a Federal land
management agency--
``(A) the Secretary, in cooperation with the
Secretary of the Interior, shall develop transportation
planning procedures that are consistent with--
``(i) the metropolitan planning provisions
under sections 5303 through 5305;
``(ii) the statewide planning provisions
under section 135 of title 23; and
``(iii) the public participation
requirements under section 5307(c); and
``(B) 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
``(2) 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--
``(A) comply with sections 5303 through 5305;
``(B) comply with the statewide planning provisions
under section 135 of title 23;
``(C) comply with the public participation
requirements under section 5307(c); and
``(D) consult with the appropriate Federal land
management agency during the planning process.
``(g) Cost Sharing.--
``(1) 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.
``(2) Considerations.--In establishing the departmental
share of the net project cost of a qualified project, the
Secretary shall consider--
``(A) visitation levels and the revenue derived
from user fees in the eligible area in which the
qualified project is carried out;
``(B) the extent to which the qualified participant
coordinates with a public or private alternative
transportation authority;
``(C) private investment in the qualified project,
including the provision of contract services, joint
development activities, and the use of innovative
financing mechanisms;
``(D) the clear and direct benefit to the qualified
participant; and
``(E) any other matters that the Secretary
considers appropriate to carry out this section.
``(3) 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.
``(h) Selection of Qualified Projects.--
``(1) 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.
``(2) Considerations.--In determining whether to include a
project in the annual program of qualified projects, the
Secretary of the Interior shall consider--
``(A) 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;
``(B) the location of the qualified project, to
ensure that the selected qualified projects--
``(i) are geographically diverse
nationwide; and
``(ii) include qualified projects in
eligible areas located in both urban areas and
rural areas;
``(C) the size of the qualified project, to ensure
that there is a balanced distribution;
``(D) the historical and cultural significance of a
qualified project;
``(E) safety;
``(F) the extent to which the qualified project
would--
``(i) enhance livable communities;
``(ii) reduce pollution (including noise
pollution, air pollution, and visual
pollution);
``(iii) reduce congestion; and
``(iv) improve the mobility of people in
the most efficient manner; and
``(G) any other matters that the Secretary
considers appropriate to carry out this section,
including--
``(i) visitation levels;
``(ii) the use of innovative financing or
joint development strategies; and
``(iii) coordination with gateway
communities.
``(i) Qualified Projects Carried Out in Advance.--
``(1) 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--
``(A) the qualified participant applies for the
payment;
``(B) the Secretary approves the payment; and
``(C) 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.
``(2) Interest.--
``(A) 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.
``(B) 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.
``(C) 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.
``(j) 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--
``(1) 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
``(2) the qualified participant shall prepare a project
management plan in accordance with section 5327(a).
``(k) Relationship to Other Laws.--Qualified participants shall be
subject to--
``(1) the requirements of section 5333;
``(2) to the extent that the Secretary determines to be
appropriate, requirements consistent with those under
subsections (d) and (i) of section 5307; and
``(3) 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.
``(l) 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.
``(m) 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.
``(n) Coordination of Research and Deployment of New
Technologies.--
``(1) 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--
``(A) conserve resources;
``(B) prevent or mitigate adverse environmental
impact;
``(C) improve visitor mobility, accessibility, and
enjoyment; and
``(D) reduce pollution (including noise pollution
and visual pollution).
``(2) Access to information.--The Secretary may request and
receive appropriate information from any source.
``(3) Funding.--Grants and contracts under paragraph (1)
shall be awarded from amounts allocated under subsection
(e)(1).
``(o) Report.--
``(1) 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.
``(2) Annual and supplemental reports.--A report required
under paragraph (1) shall be included in the report submitted
under section 5309(p).''.
(b) Authorizations.--Section 5338 of title 49, United States Code,
is amended by adding at the end the following:
``(j) Section 5316.--
``(1) In general.--There is authorized to be appropriated
to carry out section 5316 $90,000,000 for each of fiscal years
2005 through 2010.
``(2) 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.''.
(c) Conforming Amendments.--
(1) 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.''.
(2) Project management oversight.--Section 5327(c) of title
49, United States Code, is amended in the first sentence--
(A) by striking ``or 5311'' and inserting ``5311,
or 5316''; and
(B) by striking ``5311, or'' and inserting ``5311,
5316, or''.
(d) Technical Amendments.--Chapter 53 of title 49, United States
Code, is amended--
(1) in section 5309--
(A) by redesignating subsection (p) as subsection
(q); and
(B) 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);
(2) in section 5328(a)(4), by striking ``5309(o)(1)'' and
inserting ``5309(p)(1)''; and
(3) 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).
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4151-4153)
Read twice and referred to the Committee on Energy and Natural Resources. (text of measure as introduced: CR S4153-4155)
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