[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2474 Introduced in Senate (IS)]
103d CONGRESS
2d Session
S. 2474
To amend the Intermodal Surface Transportation Efficiency Act of 1991
to improve the national recreational trails funding program, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 29 (legislative day, September 12), 1994
Mr. Campbell (for himself, Mr. Craig, Mr. Kempthorne, Mr. Leahy, and
Mr. Burns) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Intermodal Surface Transportation Efficiency Act of 1991
to improve the national recreational trails funding program, 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 ``National Recreational Trails Act of
1994''.
SEC. 2. ELIGIBILITIES.
(a) State Eligibility.--Section 1302(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (16 U.S.C. 1261(c)) is amended--
(1) by striking ``Act'' each place it appears and inserting
``part'';
(2) in paragraph (2)--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively; and
(3) by adding at the end the following new paragraph:
``(3) Sixth-year provision.--Beginning on the date that is
5 years after the date of enactment of this part, a State shall
be eligible to receive moneys under this part for a fiscal year
only if the State agrees to expend, for the fiscal year, from
non-Federal sources for carrying out projects under this part
an amount equal to 20 percent of the amount received by the
State under this part for the fiscal year.''.
(b) Administrative Costs.--Section 1302(d)(1) of such Act (33
U.S.C. 1261(d)(1)) is amended--
(1) by striking ``(1) Administrative costs.--No more'' and
inserting the following:
``(1) Administrative costs.--
``(A) In general.--No more'';
(2) by striking ``(A) approving'' and inserting the
following:
``(i) approving'';
(3) by striking ``(B) paying'' and inserting the following:
``(ii) paying'';
(4) by striking subparagraph (C) and inserting the
following new clause:
``(iii) contracting for services with other
land management agencies; and'';
(5) by striking ``(D) if'' and inserting the following:
``(iv) if''; and
(6) by adding at the end the following new subparagraph:
``(B) National survey.--Amounts in the Fund may be
used to pay the cost to the Secretary for conducting 1
national survey of nonhighway recreational fuel
consumption by State, for use in making determinations
and estimations pursuant to this part.''.
(c) Environmental Mitigation.--Section 1302(e) of such Act (16
U.S.C. 1261(e)) is amended--
(1) by redesignating paragraphs (5) through (8) as
paragraphs (6) through (9), respectively; and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) Environmental mitigation.--
``(A) Requirement.--To the extent practicable and
consistent with other requirements of this section, in
complying with paragraph (4), a State shall give
priority to project proposals that provide for the
redesign, reconstruction, nonroutine maintenance, or
relocation of trails in order to mitigate and minimize
the impact to the natural environment.
``(B) Compliance.--The State shall receive guidance
for determining compliance with subparagraph (A) from
the recreational trail advisory board of the State that
meets the requirements of subsection (c)(2)(A).''.
(d) Exclusions.--Section 1302(e)(7) of such Act (16 U.S.C.
1261(e)(7)) (as redesignated by subsection (c)(1)(A)) is further
amended--
(1) by striking ``(7) Small state exclusion.--Any State''
and inserting the following:
``(7) Exclusions.--
``(A) Small state.--Any State''; and
(2) by adding at the end the following new subparagraph:
``(B) Best interest of a state.--A State that
determines based on trail needs identified in the
Statewide Comprehensive Outdoor Recreation Plan of the
State referred to in subsection (b) that it is in the
best interest of the State to be exempt from the
requirements of paragraph (4) may apply to the
Secretary for such an exemption. Before approving or
disapproving an application for such an exemption, the
Secretary shall publish in the Federal Register notice
of receipt of the application and provide an
opportunity for public comment on the application.''.
(e) Return of Moneys Not Expended.--Section 1302(e)(9)(B) of such
Act (16 U.S.C. 1261(e)(9)(B)) (as redesignated by subsection (c)(1)(A))
is further amended--
(1) by inserting ``the State'' before ``may be exempted'';
and
(2) by striking ``and expended or committed'' and all that
follows before the period at the end.
(f) Authorization of Appropriations.--Section 1302 of such Act (16
U.S.C. 1261) is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this part $6,000,000 for fiscal year
1995.
``(2) Applicability of title 23.--Funds made available
under paragraph (1) shall be available for obligation in the
same manner as funds that were apportioned under chapter 1 of
title 23, United States Code, except that--
``(A) the Federal share of the cost of activities
conducted under this part shall be as provided in this
section;
``(B) the funds shall not be subject to any
obligation limitation other than subsection (d)(3); and
``(C) the funds shall remain available until
expended.
``(3) Treatment.--Funds made available under paragraph (1)
shall be treated as if the funds were part of the Fund for the
purpose of making allocations to the States under subsection
(d).''.
(g) Advisory Committee.--Section 1303(b) of such Act (16 U.S.C.
1262(b)) is amended--
(1) by striking ``11 members'' and inserting ``12
members'';
(2) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively; and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) 1 member appointed by the Secretary representing
individuals with disabilities;''.
(h) Conforming Amendments.--
(1) Section 1302(e) of such Act (16 U.S.C. 1261(e)) is
amended--
(A) in paragraph (4), by striking ``paragraphs (6)
and (8)(B)'' and inserting ``paragraphs (7) and
(9)(B)''; and
(B) in paragraph (6)(A)(i) (as redesignated by
subsection (c)(1)(A)), by striking ``(g)(5)'' and
inserting ``(h)(5)''.
(2) Section 1303(c) of such Act (16 U.S.C. 1262(c)) is
amended by striking ``(b)(2)'' and inserting ``(b)(3)''.
(3) Section 9511(b) of the Internal Revenue Code of 1986 is
amended by striking ``1302(e)(8)'' and inserting
``1302(e)(9)''.
SEC. 3. OFFSETTING RESCISSIONS.
Effective October 1, 1994, each of the following unobligated
balances on September 30, 1994, of funds made available for the
following provisions of law is rescinded:
(1) $65,787.32 made available for section 131(c) of the
Surface Transportation Assistance Act of 1982 (Public Law 97-
424; 96 Stat. 2120).
(2) $3,559,837 made available for section 149(a)(35) of the
Surface Transportation and Uniform Relocation Assistance Act of
1987 (Public Law 100-17; 101 Stat. 187).
(3) $942,249 made available for section 149(a)(66) of such
Act (Public Law 100-17; 101 Stat. 191).
(4) $797,800 made available for section 149(a)(100) of such
Act (Public Law 100-17; 101 Stat. 195).
(5) $376,194.94 made available for section 149(a)(111)(C)
of such Act (Public Law 100-17; 101 Stat. 196).
(6) $258,131.85 made available for section 149(a)(111)(L)
of such Act (Public Law 100-17; 101 Stat. 197).
<all>