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93D CONGRESS 1ST SESSION

S. 502

IN THE SENATE OF THE UNITED STATES

JANUARY 31, 1973

Referred to the Committee on Public Works and ordered to be printed

AMENDMENTS

Intended to be proposed by Mr. MUSKIE (for himself, Mr. BAKER, Mr. BIDEN, Mr. BROOKE, Mr. BUCKLEY, Mr. CASE, Mr. CRANSTON, Mr. HART, Mr. HATFIELD, Mr. HATHAway, Mr. HUMPHREY, Mr. JAVITS, Mr. PASTORE, Mr. PELL, Mr. PROX MIRE, Mr. RIBICOFF, Mr. STEVENSON, and Mr. TUNNEY) to S. 502, a bill to authorize appropriations for the construction of certain highways in accordance with title 23 of the United States Code, and for other purposes, viz:

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On page 4, lines 19 and 20, strike out "$650,000,000" 2 at each place it appears and insert in lieu thereof at each 3 place "$1,050,000,000”.

4 On page 32, line 14, strike out all through line 10 on

5 page 35 and insert in lieu thereof the following:

Amdt. No. 4

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"SEC. 130. (a) Section 142 of title 23, United States

2 Code, is amended to read as follows:

3 "8142. Public transportation

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'(a) To encourage the development, improvement,

5 and use of public mass transportation systems for the trans6 portation of passengers within urbanized areas, so as to 7 increase the efficiency of the Federal-aid system, sums appor8 tioned in accordance with paragraph (6) of subsection (b) 9 of section 104 of this title shall be available to finance the 10 Federal share of the cost of construction of and acquisition 11 of facilities and equipment for public mass transportation 12 projects. For purposes of this section the term "public mass 13 transportation" means ground transportation which provides 14 general or special service (excluding schoolbus, charter, or 15 sightseeing service) to the public on a regular and continuing 16 basis, and includes activities designed to coordinate such serv17 ice with other transportation. Projects which may be financed 18 under this subsection shall include, but not be limited to, 19 exclusive or preferential bus lanes, highway traffic control 20 devices, passenger loading areas and facilities, including 21 shelters, fringe and transportation corridor parking facilities 22 to serve bus, rail, and other public mass transportation pas23 sengers, construction of fixed rail facilities, and for the pur24 chase of passenger equipment, including rolling stock for 25 fixed rail.

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(b) To encourage the development, improvement,

2 and use of public transportation systems for the transportation 3 of passengers in such urban arcas and rural areas as may be 4 designated by the State and approved by the Secretary on the 5 basis of local transportation need, so as to increase the traffic 6 capacity of the Federal-aid system, sums apportioned in ac7 cordance with paragraphs (1), (2), (3), and (5) of sub8 section (b) of section 104 of this title shall be available to 9 finance the Federal share of the costs of projects within 10 their respective systems, for the construction of exclusive or

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preferential bus lanes, highway traffic control devices, pas

senger loading areas and facilities, including shelters, fringe 12 and transportation corridor parking facilities to serve bus and 14 other public transportation passengers, and for the purchase 15 of passenger equipment other than rolling stock for fixed rail. "(c) The establishment of routes and schedules of such 17 public mass transportation systems in urbanized areas shall 18 be based upon a continuing comprehensive transportation 19 planning process carried on in accordance with section 134 of 20 title 23, United States Code.

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"(d) For all purposes of this title, a project authorized 22 by subsections (a) and (b) of this section shall be deemed 23 to be a highway project, and the Federal share payable on 24 account of such project shall be that provided in section 120 25 of this title.

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1 "(e) No project authorized by this section shall be

2 approved unless the Secretary of Transportation is satisfied 3 that public mass transportation systems will have adequate 4 capability to utilize fully the proposed project and to main5 tain and operate properly any equipment acquired under this 6 section.

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"(f) No equipment which is acquired with financial 8 assistance provided by this section shall be available for use 9 in charter, leased, sightseeing, or other service in any area 10 other than the area for which it was acquired.

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"(g) In the acquisition of equipment pursuant to sub12 sections (a) and (b) of this section, the Secretary shall 13 require that such equipment meet the standards prescribed 14 by the Administrator of the Environment Protection Agency 15 under section 202 of the Clean Air Act, as amended, and 16 shall authorize, wherever practicable, that such equipment 17 meet the special criteria for low-emission vehicles set forth in 18 section 212 of the Clean Air Act, as amended.

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"(h) The Secretary shall assure that the provisions of 20 subsection (a) of section 16 of the Urban Mass Transporta21 tion Act of 1964, as amended, relating to planning and de22 sign of mass transportation facilities to meet special needs 23 of the elderly and the handicapped (as defined in subsection 24 (d) thereof) shall apply in carrying out the provisions of 25 this section.

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1 "(i) Funds available for expenditure to carry out the 2 purposes of this section shall be supplementary to and not 3 in substitution for funds authorized and available for obli

4 gation pursuant to the Urban Mass Transportation Act of 5 1964, as amended.

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"(j) The provisions of chapters 1, 3, and 5 of title 7 23 of the United States Code 'shall apply in carrying out 8 the provisions of this section except with respect to proj9 ects within urban areas as to which the Secretary determines 10 the provisions of the Urban Mass Transportation Act of 11 1964, as amended, are more appropriately applicable.

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'(k) No sums apportioned in accordance with para13 graph (6) of subsection (b) of section 104 of this title 14 shall be transferred and utilized on any other Federal-aid 15 system than that authorized by subsection (d) of section 16 103 of this title.'

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"(b) The table of contents of chapter 1 of title 23 18 of the United States Code is amended by striking

"'142. Urban highway public transportation.'

19 and inserting in lieu thereof:

""142. Public Transportation."."

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