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S.1300 - Lincoln Legacy Infrastructure Development Act
A bill to amend title 23, 45, and 49, United States Code, to encourage the use of private-public partnerships in transportation.
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SECTION 1. SHORT TITLE.
SEC. 2. FINDINGS.
(1) the American Association of State Highway and Transportation Officials estimates current highway, bridge, public transit, and freight and passenger rail funding needs are approximately $225,000,000,000 to $340,000,000,000 per year through 2055, while current spending is less than $90,000,000,000 per year;CommentsClose CommentsPermalink
(2) according to the organization known as Transportation for America, 69,223 bridges, or 11.5 percent of all highway bridges in the United States, are considered structurally deficient;CommentsClose CommentsPermalink
(3) according to the Congressional Research Service, for fiscal year 2010, the Highway Trust Fund, the primary funding source for highways and transit, received approximately $35,000,000,000 in revenue but spent approximately $50,000,000,000;CommentsClose CommentsPermalink
(4) Congress transferred $34,500,000,000 in general revenue to the Highway Trust Fund during the period of fiscal years 2008 to 2010 to keep the Highway Trust Fund solvent;CommentsClose CommentsPermalink
(7) the United States Chamber of Commerce estimates that further deterioration of transportation networks could result in as much as $336,000,000,000 in lost growth during the 5 years after the date of enactment of this Act;CommentsClose CommentsPermalink
SEC. 3. PRIVATE-PUBLIC PARTNERSHIP CHALLENGE GRANTS.
‘Sec. 150. Private-public partnership challenge grants
‘(a) In General- The Secretary shall establish a program, to be known as the ‘Private-Public Partnership Challenge Grant Program’ (referred to in this section as the ‘program’), to encourage States to develop, enact, and implement private-public partnership enabling legislation and procurement policies.CommentsClose CommentsPermalink
‘(b) Eligible Recipients- The Secretary may provide a grant under the program to a State for use in implementing innovative and successful strategies to use private-public partnerships with respect to funding for rail, aviation, transit, highway, and waterway transportation.CommentsClose CommentsPermalink
‘(c) Application- A State that seeks to receive a grant under the program shall submit to the Secretary an application for the grant at such time, in such manner, and containing such information as the Secretary shall require.CommentsClose CommentsPermalink
‘(d) Funding- The Secretary shall use to carry out the program amounts received as Federal surcharges on revenue generated from agreements resulting from the concession or lease of safety rest areas under section 111(a)(2).’.CommentsClose CommentsPermalink
SEC. 4. FEDERAL-AID HIGHWAYS.
‘(2) COMMERCIALIZATION, LEASE, AND CONCESSION OF INTERSTATE SAFETY REST AREAS- Notwithstanding paragraph (1), the Secretary may permit a State to enter into 1 or more agreements for the commercialization, lease, or concession of a safety rest area constructed or located on a right-of-way on the Interstate System in the State on the conditions that--CommentsClose CommentsPermalink
‘(i) to pay to the Secretary, upon entering into an agreement under this subparagraph, a Federal surcharge equal to 5 percent of the total amount received by the State under the agreement, which amounts the Secretary shall deposit in the Highway Trust Fund at the rate that corresponds to the rate at which the State receives amounts under the agreement; andCommentsClose CommentsPermalink
‘(ii) to use the remaining amounts received by the State under the agreement only for purposes relating to a highway or transit transportation project carried out under this title or title 49.’.CommentsClose CommentsPermalink
‘(B) the priority accorded licensed blind vendors by paragraph (1) shall not be otherwise limited or diminished as a result of the implementation of the Lincoln Legacy Infrastructure Development Act.’.CommentsClose CommentsPermalink
(c) Toll Roads, Bridges, Tunnels, and Ferries-
‘(A) IN GENERAL- Except as provided in subparagraph (B) and in other provisions of this section, not fewer than 2 occupants per vehicle may be required for use of a HOV facility.CommentsClose CommentsPermalink
‘(B) CONGESTION- In any case in which a State determines that a HOV facility is a degraded facility (as described in subsection (d)(2)(B)) or that the average speed of traffic on a HOV facility slows to less than the minimum average operating speed (as defined in subsection (d)(2)(A)), the State shall require not fewer than 3 occupants per vehicle for use of the HOV facility.’.CommentsClose CommentsPermalink
(1) VALUE PRICING PILOT PROGRAM- Section 1012(b)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (
(2) INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION PILOT PROGRAM- Section 1216(b)(2) of the Transportation Equity Act for the 21st Century (
SEC. 5. INFRASTRUCTURE FINANCE.
SEC. 6. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM.
‘(E) carry out development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities.’.CommentsClose CommentsPermalink
(b) Credit Risk Requirements-
(c) Biannual Report- Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, the Administrator of the Federal Railroad Administration shall submit a report to Congress that describes--CommentsClose CommentsPermalink
SEC. 7. AIRPORT PRIVATIZATION PROGRAM.
‘(A) IN GENERAL- The Secretary may grant an exemption to an airport sponsor from the requirements of sections 47107(b) and 47133 (and any other law, regulation, or grant assurance) to the extent necessary to permit the sponsor to recover from the sale or lease of the airport such amount as may be approved by the Secretary after the sponsor has consulted--CommentsClose CommentsPermalink
‘(7) A fee imposed by the airport on an air carrier or foreign air carrier may not include any portion for a return on investment or recovery of principal with respect to consideration paid to a public agency for the lease or sale of the airport unless that portion of the fee is approved by the air carrier or foreign air carrier.’.CommentsClose CommentsPermalink
(d) Applicability- The amendments made by this section shall apply with respect to an exemption issued to an airport under
‘Sec. 47134. Private ownership of airports’.
SEC. 8. PUBLIC TRANSPORTATION.
(2) the term ‘covered HOT lane facility’ means any high occupancy/toll lane facility used by a bus service operated by a public transportation agency, without regard to whether the high occupancy/toll lane facility was converted from a high occupancy vehicle facility;CommentsClose CommentsPermalink
(1) PROGRAM ESTABLISHED- The Administrator shall establish a 6-year public-private partnership experimental program to encourage eligible recipients to carry out tests and experimentation in the project development process that are designed to--CommentsClose CommentsPermalink
(A) except as provided in paragraph (5), identify any provisions of chapter 53 of title 49, United States Code, and any regulations or practices thereunder, that impede greater use of public-private partnerships and private investment in covered projects; andCommentsClose CommentsPermalink
(i) address the impediments described in subparagraph (A), in a manner similar to the Special Experimental Project Number 15 of the Federal Highway Administration (commonly referred to as ‘SEP-15’); andCommentsClose CommentsPermalink
(3) REPORT- Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter until the termination of the experimental program, the Administrator shall submit to Congress a report on the status of the experimental program.CommentsClose CommentsPermalink
(1) IN GENERAL- For purposes of apportioning funding under sections 5307 and 5309 of title 49, United States Code, the Administrator shall deem covered HOT lane facility miles in an area to be fixed guideway miles attributable to the area.CommentsClose CommentsPermalink
(2) AMOUNT APPORTIONED NOT AFFECTED- Notwithstanding any other provision of law, the Secretary may not apportion an amount for an urbanized area under section 5307 or 5309 of title 49, United States Code, for fiscal year 2012, or any fiscal year thereafter, that is less than the amount apportioned for the urbanized area under section 5307 or 5309, respectively, for fiscal year 2011, if the reduction in amount is solely attributable to the requirement under paragraph (1).CommentsClose CommentsPermalink
(3) AVAILABILITY OF FUNDS- There shall be available from the Mass Transit Account of the Highway Trust fund for fiscal year 2012, and each fiscal year thereafter, such sums as are necessary to carry out this subsection.CommentsClose CommentsPermalink
SEC. 9. REMOVAL OF CAP ON EXEMPT FACILITY BONDS USED TO FINANCE QUALIFIED HIGHWAY OR SURFACE FREIGHT TRANSFER FACILITIES.
SEC. 10. REDUCTION IN ANNUAL ADJUSTMENTS TO PAY SCHEDULES FOR FEDERAL EMPLOYEES FOR FISCAL YEARS 2013 THROUGH 2021.
For each of fiscal years 2013 through 2021,
SEC. 11. FUNDING.
Of the Federal funds saved for the period of fiscal years 2013 through 2021 as a result of the application of section 9 of this Act and subsections (b) and (c) of section 147 of the Continuing Appropriations Act, 2011 (