Volume 95 · 1442
Public Law 97–102
Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1982, and for other purposes.
Approved December 23, 1981
Statutory text
An Act
Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1982, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Transportation and related agencies for the fiscal year ending September 30, 1982, and for other purposes, namely:
TITLE I— DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY Salaries and Expenses For necessary expenses of the Office of the Secretary of Transportation, including not to exceed $27,000 for allocation within the Department of official reception and representation expenses as the Secretary may determine, $35,100,000: Provided, That none of the funds in this Act shall be available for the execution of the sale or transference of any Government-owned securities of the Consolidated Rail Corporation without the prior consent of the House and Senate Committees on Appropriations. Transportation Planning, Research, and Development For necessary expenses for conducting transportation planning, research, and development activities, including the collection of national transportation statistics, to remain available until expended, $7,250,000. Limitation on Working Capital Fund Necessary expenses for operating costs and capital outlays of the Department of Transportation Working Capital Fund not to exceed $70,909,000 shall be paid, in accordance with law, from appropriations made available by this Act and prior appropriation Acts to the Department of Transportation, together with advances and reimbursements received by the Department of Transportation.
COAST GUARD Operating Expenses For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed eight passenger motor vehicles, for replacement only; and recreation and welfare, $1,400,000,000, of which $244,073 shall be applied to Capehart Housing debt reduction: Provided, That an additional $5,000,000 shall be derived from the National Recreational Boating Safety and Facilities Improvement Fund to implement a program of recreational boat safety, designed by the Secretary pursuant to 46 U.S.C. 1475 and for the purposes set out in Public Law 97–12: Provided further, That the number of aircraft on hand at any one time shall not exceed one hundred and seventy-nine exclusive of planes and parts stored to meet future attrition: Provided further, That none of the funds appropriated in this or any other Act shall be available for pay or administrative expenses in connection with shipping commissioners in the United States: Provided further, That none of the funds provided in this Act shall be available for expenses incurred for yacht documentation under 46 U.S.C. 103 except to the extent fees are collected from yacht owners and credited to this appropriation, and, notwithstanding any other law, the Secretary may prescribe fees to recover the expenses of yacht documentation. Acquisition, Construction, and Improvements For necessary expenses of acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; to remain available until September 30, 1986, $400,000,000: Provided, That of the foregoing amount $175,000,000 shall be available only for assets deployed and dedicated in a manner to maximize their contribution to the Coast Guard’s drug interdiction program. Alteration of Bridges For necessary expenses for alteration or removal of obstructive bridges, $12,000,000, to remain available until expended. Retired Pay For retired pay including the payment of obligations therefore otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman’s Family Protection and Survivor Benefit tans, $279,000,000. Reserve Training For all necessary expenses for the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services, $49,483,000. Research, Development, Test, and Evaluation For necessary expenses, not otherwise provided for, for basic and applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law, $22,000,000, to remain available until expended: Provided, That there may be credited to this appropriation, funds received from State and local governments, other public authorities, private sources and foreign countries for expenses incurred for research, development, testing and evaluation. Offshore Oil Pollution Compensation Fund For necessary expenses to carry out the provisions of title III of the Outer Continental Shelf Lands Act Amendments of 1978 (Public Law 95–372), $5,000,000, to be derived from the Offshore Oil Pollution Compensation Fund and to remain available until expended. In addition, the Secretary of Transportation is authorized to issue to the Secretary of the Treasury, to meet the obligations of the Fund, notes or other obligations pursuant to section 302 of the Amendments in such amounts and at such times as may be necessary. Coast Guard Supply Fund To increase the capital of the Coast Guard Supply Fund, $1,320,000, to remain available until expended. Deepwater Port Liability Fund For necessary expenses to carry out the provisions of section 18 of the Deepwater Port Act of 1974 (Public Law 93–627), $5,000,000 to be derived from the Deepwater Port Liability Fund and to remain available until expended. In addition, the Secretary of Transportation is authorized to issue, and the Secretary of the Treasury is authorized to purchase, without fiscal year limitation, notes or other obligations pursuant to section 18(f)(3) of the Act in such amounts and at such times as may be necessary to meet the obligations of the Fund.
FEDERAL AVIATION ADMINISTRATION Operations (including transfer of funds) For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including administrative expenses for research and development and for establishment of air navigation facilities, and carrying out the provisions of the Airport and Airway Development Act, as amended, or other provisions of law authorizing obligation of funds for similar programs of airport and airway development or improvement; payments to lenders required as a consequence of any guaranty under Public Law 85–307, as amended; purchase of four passenger motor vehicles for replacement only and purchase and repair of skis and snowshoes, $2,220,000,000 of which not to exceed $800,000,000 shall be derived from the Airport and Airway Trust Fund and, in addition, $3,400,000 from unobligated balances in the appropriations for “Civil supersonic aircraft development”, “Civil supersonic aircraft development termination”, and “Research and development”: Provided, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the maintenance and operation of air navigation facilities: Provided further, That none of these funds shall be available for new applicants for the second career training program. Facilities, Engineering and Development For necessary expenses of the Federal Aviation Administration, not otherwise provided for, for acquisition and modernization of facilities and equipment and service testing in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301–1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant, $17,797,000, to remain available until expended: Provided, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for engineering and development. Facilities and Equipment (Airport and Airway Trust Fund) For necessary expenses, not otherwise provided for, for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities, including initial acquisition of necessary sites by lease or grant; engineering and service testing including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; to be derived from the Airport and Airway Trust Fund, $284,847,000, to remain available until September 30, 1986: Provided, That of the foregoing amount, $4,000,000 shall be available only for the design, engineering, construction, and equipment for an air traffic control training facility at the University of North Dakota at Grand Forks: Provided further, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: Provided further, That no part of the foregoing appropriation shall be available for the construction of a new wind tunnel, or to purchase any land for or in connection with the Federal Aviation Administration Technical Center. Research, Engineering and Development (Airport and Airway Trust Fund) For necessary expenses, not otherwise provided for, for research, engineering and development, in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301–1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant, $71,800,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering and development. Grants-in-Aid for Airports (Liquidation of Contract Authorization) (Airport and Airway Trust Fund) For liquidation of obligations incurred for airport development under authority contained in section 14 of Public Law 91–258, as amended, and for liquidation of obligations incurred for airport planning and development under other law authorizing such obligations, $471,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended. Operation and Maintenance, Metropolitan Washington Airports For expenses incident to the care, operation, maintenance, improvement, and protection of the federally owned civil airports in the vicinity of the District of Columbia, including purchase of ten passenger motor vehicles for police or ambulance type use, for replacement only; and purchase of four motor bikes, of which two are for replacement only; purchase, cleaning, and repair of uniforms; and arms and ammunition, $29,982,000: Provided, That there may be credited to this appropriation, funds received from air carriers, concessionaires, and non-Federal tenants sufficient to cover utility and fuel costs which are in excess of $7,677,000: Provided further, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, or private sources, for expenses incurred in the maintenance and operation of the federally owned civil airports. Construction, Metropolitan Washington Airports For necessary expenses for construction at the federally owned civil airports in the vicinity of the District of Columbia $31,700,000 to remain available until September 30, 1984. Aviation Insurance Revolving Fund The Secretary of Transportation is hereby authorized to make such expenditures and investments, within the limits of funds available pursuant to section 1306 of the Act of August 23, 1958, as amended (49 U.S.C. 1536), and in accordance with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for aviation insurance activities under said Act. Aircraft Purchase Loan Guarantee Program In carrying out the program for guarantee of aircraft purchase loans under the Act of September 7, 1957, as amended (49 U.S.C. 1324 note), during fiscal year 1982 new commitments to guarantee loans shall be exclusively for the purchase of aircraft designed to have a maximum passenger capacity of sixty seats or less or a maximum cargo payload of eighteen thousand pounds or less, and shall not exceed in the aggregate $100,000,000.
FEDERAL HIGHWAY ADMINISTRATION Limitation on General Operating Expenses Necessary expenses for administration, operation, and research of the Federal Highway Administration not to exceed $192,440,000 shall be paid, in accordance with law, from appropriations made available by this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration: Provided, That not to exceed $37,000,000 of the amount provided herein shall remain available until expended. Motor Carrier Safety For necessary expenses to carry out motor carrier safety functions of the Secretary, as authorized by the Department of Transportation Act (80 Stat. 939–940), $11,893,000, of which $3,300,000 of the amount appropriated herein shall remain available until expended and not to exceed $1,665,000 shall be available for “Limitation on general operating expenses”. Highway Safety Research and Development (including transfer of funds) For necessary expenses in carrying out provisions of title 23, United States Code, to be derived from the Highway Trust Fund and to remain available until expended, $6,860,000, together with $1,500,000 to be derived from the appropriation “Baltimore-Washington Parkway”. Highway Beautification For necessary expenses in carrying out section 131 of title 23, U.S.C. and section 104(a)(11) of the Surface Transportation Assistance Act of 1978, $2,000,000 to remain available until expended: Provided, That, notwithstanding any other provision of law, any determination as to whether any outdoor advertising sign, display, or device is or has been lawfully erected under State law or is entitled to compensation shall not be affected by any waiver of compensation. Highway-Related Safety Grants (Liquidation of Contract Authorization) (Twin Fund) For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402, administered by the Federal Highway Administration, to remain available until expended, $23,300,000 to be derived from the Highway Trust Fund: Provided, That not to exceed $833,000 of the amount appropriated herein shall be available for “Limitation on general operating expenses”. Railroad-Highway Crossings Demonstration Projects For necessary expenses of railroad-highway crossings demonstration projects, as authorized by title 23, United States Code, section 322(b), to remain available until expended, $2,835,000. For necessary expenses of certain railroad-highway crossings demonstration projects as authorized by section 163 of the Federal-Aid Highway Act of 1973, as amended, and title III of the National Mass Transportation Assistance Act of 1974, to remain available until expended, $14,500,000, of which $9,667,000 shall be derived from the Highway Trust Fund. Territorial Highways For necessary expenses in carrying out the provisions of title 23, United States Code, sections 152, 153, 215, and 402, $4,000,000, to remain available until expended. National Scenic and Recreational Highway (Liquidation of Contract Authorization) For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 148, $21,000,000, to remain available until expended, of which $18,900,000 shall be derived from the Highway Trust Fund. Federal-Aid Highways (Liquidation of Contract Authorization) (Trust Fund) For carrying out the provisions of title 23, United States Code, which are attributable to Federal-aid highways, not otherwise provided, including reimbursements for sums expended pursuant to the provisions of 23 U.S.C. 308, $8,000,000,000, or so much thereof as may be available in and derived from the Highway Trust Fund, to remain available until expended. Interstate Transfer Grants—Highways For necessary expenses to carry out the provisions of 23 U.S.C. 103(e)(4) related to highway projects, $325,000,000, to remain available until expended. Right-of-Way Revolving Fund (Liquidation of Contract Authorization) (Trust Fund) For payment of obligations incurred in carrying out the provisions of 28 U.S.G. 108(c), as authorized by section 7(c) of the Federal-Aid Highway Act of 1968, $25,000,000, to be derived from the Highway Trust Fund as necessary.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Operations and Research For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety and functions under the Motor Vehicle Information and Cost Savings Act (Public Law 92–513, as amended), $81,900,000, of which $24,785,000 shall be derived from the Highway Trust Fund: Provided, That not to exceed $39,664,700 shall remain available until expended, of which $12,512,000 shall be derived from the Highway Trust Fund: Provided further, That, of the funds appropriated under this heading $6,000,000 shall be available only for activities at the Transportation Systems Center: Provided further, That of the funds appropriated under this heading, $1,000,000 and sixteen permanent positions shall be available only for the operation of the National Driver Register. State and Community Highway Safety (Liquidation of Contract Authorization) For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402 and 406, to remain available until expended, $150,200,000, to be derived from the Highway Trust Fund.
FEDERAL RAILROAD ADMINISTRATION Office of the Administrator For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $7,522,000. Railroad Safety For necessary expenses in connection with railroad safety, not otherwise provided for, $26,676,000, of which $6,000,000 shall remain available until expended. Railroad Research and Development For necessary expenses for railroad research and development, $39,000,000, to remain available until expended: Provided, That there may be credited to this appropriation, funds received from State and local governments, other public authorities, private sources, and foreign countries for expenses incurred for engineering, testing, and development. Rail Service Assistance (including disapproval of deferral) For necessary expenses for rail service assistance authorized by section 5 of the Department of Transportation Act, as amended, and for necessary administrative expenses in connection with Federal rail assistance programs not otherwise provided for, $9,500,000, together with $9,000,000 for the Minority Business Resource Center, as authorized by title IX of Public Law 94–210: Provided, That none of the funds provided under this Act shall be available for the planning or execution of a program making commitments to guarantee new loans under the Emergency Rail Services Act of 1970, as amended, in excess of $2,600,000 of contingent liability for loan principal in fiscal year 1982, and that no commitments to guarantee new loans under section 211(a) of the Regional Rail Reorganization Act of 1973, as amended, shall be made. The Congress disapproves $35,000,000 of the proposed deferral D81–91 relating to the Federal Railroad Administration, Rail Service Assistance, as set forth in the message of March 10, 1981, which was transmitted to the Congress by the President. This disapproval shall be effective upon the enactment into law of this bill and the amount of the proposed deferral disapproved herein shall be made available for obligation immediately, and shall not be subject to deferral or rescission for the balance of fiscal year 1982. Rail Labor Assistance (transfer of funds) For payment of benefits under section 1160 of the Northeast Rail Service Act of 1981, $25,000,000, to remain available until expended, to be derived from the unobligated balances of “Payments for Purchase of Conrail Securities”: Provided, That such sum shall be considered to have been appropriated under said section 1160. Conrail Workforce Reduction Program (transfer of funds) For expenses of the Conrail Workforce Reduction Program as authorized by section 713 of the Regional Rail Reorganization Act of 1973 as added by section 1143 of the Northeast Rail Service Act of 1981, $100,000,000, to remain available until expended, to be derived from the unobligated balances of “Payments for Purchase of Conrail Securities”: Provided, That, such sum shall be considered to have been appropriated to the Secretary under section 713 of the Regional Rail Reorganization Act of 1973 to be available for the payment of termination allowances under section 702 of that Act: Provided further, That, for purposes of section 710 of the Regional Rail Reorganization Act of 1973 as added by section 1143 of the Northeast Rail Service Act of 1981, such sum shall be considered to have been appropriated under section 713 of the Regional Rail Reorganization Act of 1973 and counted against the limitation on the total liability of the United States. Conrail Labor Protection (transfer of funds) For labor protection as authorized by section 713 of the Regional Rail Reorganization Act of 1973 as added by section 1143 of the Northeast Rail Service Act of 1981, $85,000,000, to remain available until expended, to be derived from the unobligated balances of “Payments for Purchase of Conrail Securities”: Provided, That, such sum shall be considered to have been appropriated to the Secretary under said section 713 for transfer to the Railroad Retirement Board for the payment of benefits under section 701 of the Regional Rail Reorganization Act of 1973, as amended: Provided further, That, for purposes of section 710 of the Regional Rail Reorganization Act of 1973 as added by section 1143 of the Northeast Rail Service Act of 1981, such sum shall be considered to have been appropriated under section 713 of the Regional Rail Reorganization Act of 1973 and counted against the limitation on the total liability of the United States: Provided further, That, in addition, such sums as may be necessary shall be derived from the unobligated balances of “Payments for Purchase of Conrail Securities” for necessary expenses of administration of section 701 of the Regional Rail Reorganization Act of 1973 by the Railroad Retirement Board. Northeast Corridor Improvement Program For necessary expenses related to Northeast Corridor improvements authorized by title VII of Public Law 94–210, as amended, $176,000,000, to remain available until expended: Provided, That, notwithstanding any other provisions of law, the provisions of Public Law 85–804 shall apply to the Northeast Corridor Improvement Program: Provided further, That the Secretary may waive the provisions of 23 U.S.C. 322 (c) and (d) if he determines such action would serve a public purpose: Provided further, That all public at grade-level crossings remaining along the Northeast Corridor upon completion of the project shall be equipped with protective devices including gates and lights. Grants to the National Railroad Passenger Corporation To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation, $569,000,000, to remain available until expended, and, derived from the permanent appropriation, $166,000,000 for operating losses incurred by the Corporation, capital improvements, and labor protection costs authorized by 45 U.S.C. 565: Provided, That none of the funds herein appropriated shall be used for lease or purchase of passenger motor vehicles or for the hire of vehicle operators for any officer or employee, other than the President of the Corporation, excluding the lease of passenger motor vehicles for those officers or employees while in official travel status: Provided further, That notwithstanding any other provision of law, the Corporation shall provide through rail passenger service between Washington, D.C. and Chicago, via Cincinnati: Provided further, That the Secretary shall make no commitments to guarantee new loans or loans for new purposes under 45 U.S.C. 602 in fiscal year 1982: Provided further, That the incurring of any obligation or commitment by the Corporation for capital improvements not expressly provided for in an appropriation Act or prohibited by this Act shall be deemed a violation of 31 U.S.C. 665. Notwithstanding any other provision of law, none of the funds appropriated for the benefit of the Corporation pursuant to this Act or the revenues or other assets of the Corporation or any railroad subsidiary thereof shall be available for payment to any State, political subdivision of a State, or local taxing authority for any taxes or other fees levied on the Corporation: Provided, That notwithstanding any provision of law, the Corporation shall pay all taxes or other fees appropriately levied on its facilities in Beech Grove, Indiana. (disapproval of deferral) The Congress disapproves in its entirety deferral D82–217 relating to the Federal Railroad Administration, Grants to the National Railroad Passenger Corporation, as set forth in the message of November 6, 1981, which was transmitted to the Congress by the President. This disapproval shall be effective immediately and the amount of the proposed deferral disapproved herein shall be made available for obligation. Commuter Rail Service For necessary expenses to carry out the commuter rail activities authorized by section 601(d) of the Rail Passenger Service Act (45 U.S.C. 601), as amended, $15,000,000, and for necessary expenses to carry out section 1139(b) of Public Law 97–35, $45,000,000, to remain available until expended. Alaska Railroad Revolving Fund The Alaska Railroad Revolving Fund shall continue available until expended for the work authorized by law, including operation and maintenance of oceangoing or coastwise vessels by ownership, charter, or arrangement with other branches of the Government service, for the purpose of providing additional facilities for transportation of freight, passengers, or mail, when deemed necessary for the benefit and development of industries or travel in the area served and payment of compensation and expenses as authorized by 5 U.S.C. 8146, to be reimbursed as therein provided: Provided, That no employee shall be paid an annual salary out of said fund in excess of the salaries prescribed by the Classification Act of 1949, as amended, for grade GS–15, except the general manager of said railroad, one assistant general manager and five officers at not to exceed the salaries prescribed for members of the Senior Executive Service. Payments to the Alaska Railroad Revolving Fund For payment to the Alaska Railroad Revolving Fund for capital replacements, improvements, operations and maintenance, $6,160,000, to remain available until expended. Railroad Rehabilitation and Improvement Financing Funds The Secretary of Transportation is authorized to issue to the Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210), as amended, in such amounts and at such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under sections 511 through 513 of such Act, such authority to exist as long as any such guaranteed obligation is outstanding. Provided, That the aggregate principal amount of guarantees and commitments to guarantee obligations under section 511 of Public Law 94–210, as amended, shall not exceed $770,000,000: Provided further, That the total commitments to guarantee new loans shall not exceed $270,000,000 of contingent liabilities for loan principal during fiscal year 1982. Redeemable Preference Shares The Secretary of Transportation is hereby authorized to expend proceeds from the sale of fund anticipation notes to the Secretary of the Treasury and any other moneys deposited in the Railroad Rehabilitation and Improvement Fund pursuant to sections 502, 505–507, and 509 of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210), as amended, and section 803 of Public Law 95–620, for uses authorized for the Fund, in amounts not to exceed $67,500,000.
URBAN MASS TRANSPORTATION ADMINISTRATION Administrative Expenses For necessary administrative expenses of the urban mass transportation program authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), 23 U.S.C. chapter 1, in connection with these activities, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, $26,888,000. Research, Development, and Demonstrations and University Research and Training For necessary expenses for research and training, as authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), to remain available until expended, $61,600,000: Provided, That $58,600,000 shall be available for research, development, and demonstrations, $2,000,000 shall be available for university research and training and not to exceed $1,000,000 shall be available for managerial training as authorized under the authority of said Act. Urban Discretionary Grants (including transfer of funds) For necessary expenses for urban discretionary grants (including section 21) as authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), to remain available until September 30, 1985, $1,479,000,000, together with $11,000,000 to be derived from the appropriation “Rail service operating payments”: Provided, That grants awarded for contracts for the acquisition of rolling stock, including buses, which will result in the expenditure of Federal financial assistance, shall only be awarded after an evaluation of performance, standardization, life-cycle costs, and other factors the Secretary may deem relevant, in addition to the consideration of initial capital costs. Where necessary, the Secretary shall assist grantees in making such evaluations. Non-Urban Formula Grants For necessary expenses for public transportation projects in areas other than urbanized areas as defined for the purposes of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), $72,500,000, to remain available until expended: Provided, That this appropriation shall be apportioned using data from the 1970 decennial census until March 31, 1982, after which date funds apportioned under this appropriation shall be distributed on the basis of data from the 1980 decennial census. Urban Formula Grants For necessary expenses for urban formula grants as authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), $1,430,000,000, to remain available until expended: Provided, That this appropriation shall be apportioned using data from the 1970 decennial census until March 31, 1982, after which date funds apportioned under this appropriation shall be distributed on the basis of data from the 1980 decennial census: Provided further, That grants awarded for contracts for the acquisition of rolling stock, including buses, which will result in the expenditure of Federal financial assistance, shall only be awarded after an evaluation of performance, standardization, life-cycle costs, and other factors the Secretary may deem relevant, in addition to the consideration of initial capital costs. Where necessary, the Secretary shall assist grantees in making such evaluation. Liquidation of Contract Authorization For payment to the urban mass transportation fund, for liquidation of contractual obligations incurred under authority of the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), and 23 U.S.C. 142(c) and of obligations incurred for projects substituted for Interstate System segments withdrawn prior to enactment of the Federal-Aid Highway Act of 1976, $1,200,000,000, to remain available until expended: Provided, That none of these funds shall be made available for the establishment of depreciation reserves or reserves for replacement accounts: Provided further, That amounts for highway projects substituted for Interstate System segments shall be transferred to the Federal Highway Administration. Waterborne Transportation Demonstration Project (rescission) Of the funds appropriated under this head in Public Law 96–38, Public Law 96–131 and Public Law 96–400, making appropriations for a waterborne transportation demonstration project for fiscal years 1979, 1980, and 1981, $2,000,000 are rescinded. Interstate Transfer Grants—Transit For necessary expenses to carry out the provisions of 23 U.S.C. 103(e)(4) related to transit projects, $560,000,000, to remain available until expended.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for the Corporation except as hereinafter provided. Limitation on Administrative Expenses Not to exceed $1,601,000 shall be available for administrative expenses which shall be computed on an accrual basis, including not to exceed $3,000 for official entertainment expenses to be expended upon the approval or authority of the Secretary of Transportation: Provided, That Corporation funds shall be available for the hire of passenger motor vehicles and aircraft, operation and maintenance of aircraft, uniforms or allowances therefor for operation and maintenance personnel, as authorized by law (5 U.S.C. 5901–5902), and $15,000 for services as authorized by 5 U.S.C. 3109.
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION Research and Special Programs For expenses necessary to discharge the functions of the Research and Special Programs Administration, $26,441,000, of which not to exceed $8,703,000 shall remain available until expended for expenses for conducting research and development and not to exceed $3,184,000 shall remain available until expended for grants-in-aid to carry out a pipeline safety program, as authorized by section 5 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1674).
OFFICE OF THE INSPECTOR GENERAL Salaries and Expenses (including transfer of funds) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $13,047,000, together with $9,200,000 derived from funds available under 23 U.S.C. 104(a) for payment of obligations.
TITLE II— RELATED AGENCIES
ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD Salaries and Expenses For expenses necessary for the Architectural and Transportation Barriers Compliance Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended, $2,000,000.
NATIONAL TRANSPORTATION SAFETY BOARD Salaries and Expenses For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–18; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902), $19,125,000, of which not to exceed $300 may be used for official reception and representation expenses.
CIVIL AERONAUTICS BOARD Salaries and Expenses For necessary expenses of the Civil Aeronautics Board, including hire of aircraft; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); and not to exceed $5,000 for official reception and representation expenses, $27,000,000. Payments to Air Carriers For payments to air carriers of so much of the compensation fixed and determined by the Civil Aeronautics Board under section 406 and section 419 of the Federal Aviation Act of 1958, as amended, (49 U.S.C. 1376 and 1389), as is payable by the Board, $65,900,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, none of the funds appropriated by this Act shall be expended under section 406 for services provided after ninety-five days following the date of enactment of this Act to points which, based on reports filed with the Civil Aeronautics Board, enplaned an average of eighty or more passengers per day in the fiscal year ended September 30, 1981: Provided further, That, notwithstanding any other provision of law, payments under section 406, exclusive of payments for services provided within the State of Alaska, shall not exceed a total of $14,000,000 for services provided during the period between March 31, 1982, and September 30, 1982, and, to the extent it is necessary to meet this limitation, the compensation otherwise payable by the Board under section 406 shall be reduced by a percentage which is the same for all air carriers receiving such compensation: Provided further, That, notwithstanding any other provision of law, payments under section 406 for services provided within the State of Alaska during the period between March 31, 1982, and September 30, 1982, shall not exceed a total of $5,500,000 and, to the extent it is necessary to meet this limitation, the compensation otherwise payable by the Board under section 406 shall be reduced by a percentage which is the same for all carriers receiving such compensation: Provided further, That the foregoing limitations shall not apply to payments made pursuant to the requirements of section 419(a)(7)(A) nor shall such payments be reduced by virtue of such provision: Provided further, That the provisions of this paragraph shall be effective only until modified by subsequent legislation.
INTERSTATE COMMERCE COMMISSION Salaries and Expenses For necessary expenses of the Interstate Commerce Commission, including services as authorized by 5 U.S.C. 3109, and not to exceed $1,500 for official reception and representation expenses, $74,150,000: Provided, That Joint Board members and cooperating State commissioners may use Government transportation requests when traveling in connection with their official duties as such. Payments for Directed Rail Service None of the funds provided under this Act shall be available for the execution of programs the obligations for which can reasonably be expected to be in excess of $10,000,000 for directed rail service under 49 U.S.C. 11125 or any other legislation.
PANAMA CANAL COMMISSION Operating Expenses For operating expenses necessary for the Panama Canal Commission, including hire of passenger motor vehicles and aircraft; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); operation of guide services; residence for the administrator; contingencies of the administrator; not to exceed $25,000 for official reception and representation expenses; and to employ services as authorized by law (5 U.S.C. 3109); maintaining, improving, and altering facilities of other United States Government agencies in the Republic of Panama and facilities of the Government of the Republic of Panama for Panama Canal Commission use; and for payment of liabilities of the Panama Canal Company and Canal Zone Government that were pending on September 30, 1979, or that have accrued thereafter, including accounts payable for capital projects, $400,754,000, to be derived from the Panama Canal Commission Fund: Provided, That of the funds appropriated by this section: (1) not more than $450,000 shall be available for operation of guide services; (2) not more than $60,000 shall be available for the maintenance of a residence for the Administrator; (3) not more than $25,000 shall be available for disbursement by the Administrator for employee recreation and community projects; (4) not more than $520,000 shall be available for procurement of expert and consultant services as provided by section 3109 of title 5, United States Code; (5) not more than $5,000,000 shall be available for maintenance and alteration of facilities of the Government of the Republic of Panama, used by the Commission, of which the United States retains use pursuant to the Panama Canal Treaty of 1977 and related agreements; and (6) not more than $76,000 shall be available for expenses of the supervisory Board established pursuant to section 1102 of Public Law 96–70 (93 Stat. 456), including travel and transportation expenses under section 5703 of title 5, United States Code: Provided further, That there may be credited to this appropriation, funds received from the Panama Canal Commission’s capital outlay account for expenses incurred for supplies and services provided for capital projects and funds received from officers and employees of the Commission and/or commercial insurors of Commission employees for payment to other United States Government agencies for expenditures made for services provided to Commission employees and their dependents by such other agencies. Capital Outlay For acquisition, construction, and replacement of improvements, facilities, structures, and equipment required by the Panama Canal Commission, including the purchase of not to exceed forty passenger motor vehicles of which twenty-eight are for replacement only; to employ services authorized by law (5 U.S.C. 3109); for payment of liabilities of the Panama Canal Company and Canal Zone Government that were pending on September 30, 1979, or that have accrued thereafter; to improve facilities of other United States Government agencies in the Republic of Panama and facilities of the Government of the Republic of Panama for Panama Canal Commission use, $19,766,000: Provided, That of the sums referred to in this paragraph, not more than the following amounts shall be available for the following purposes: (1) for transit projects, $13,764,000; (2) for general support projects, $3,252,000; (3) for utilities projects, $1,870,000; and (4) for quarters improvement projects, $880,000: Provided further, That funds appropriated are to be derived from the Panama Canal Commission Fund and to remain available until expended.
DEPARTMENT OF THE TREASURY Office of the Secretary investment in fund anticipation notes (including transfer of funds) For the acquisition, in accordance with section 509 of the Railroad Revitalization and Regulatory Reform Act of 1976, as amended, and section 803 of Public Law 95–620, of fund anticipation notes, $67,500,000, of which $25,000,000 shall be derived from the unobligated balances of “Payments for Purchase of Conrail Securities”.
UNITED STATES RAILWAY ASSOCIATION Administrative Expenses For necessary administrative expenses to enable the United States Railway Association to carry out its functions under the Regional Rail Reorganization Act of 1973, as amended, $13,000,000, to remain available until expended, of which not to exceed $1,000 may be available for official reception and representation expenses.
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY Interest Payments For necessary expenses for interest payments, to remain available until expended, $51,586,000: Provided, That these funds shall be disbursed pursuant to terms and conditions established by Public Law 96–184 and the Initial Bond Repayment Participation Agreement.
TITLE III— GENERAL PROVISIONS
Sec. 301.
During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official departmental business; and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).
Sec. 302.
None of the funds provided in this Act shall be available for the planning or execution of programs the commitments for which are in excess of $450,000,000 in fiscal year 1982 for grants-in-aid for airport planning, noise compatibility planning and programs, and development.
Sec. 303.
None of the funds provided under this Act shall be available for the planning or execution of programs, the obligations for which are in excess of $10,000,000 in fiscal year 1982 for “Highway-related safety grants”.
Sec. 304.
None of the funds provided under this Act shall be available for the planning or execution of programs, the total obligations for which are in excess of $92,500,000 in fiscal year 1982 for “State and Community Highway Safety”: Provided, That none of the funds under State and Community Highway Safety shall be used for construction, rehabilitation or remodeling costs or for office furnishings and fixtures for State, local, or private buildings or structures.
Sec. 305.
Funds appropriated for the Panama Canal Commission may be apportioned notwithstanding section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), to the extent necessary to permit payment of such pay increases for officers or employees as may be authorized by administrative action pursuant to law which are not in excess of statutory increases granted for the same period in corresponding rates of compensation for other employees of the Government in comparable positions.
Sec. 306.
Funds appropriated under this Act for expenditure by the Federal Aviation Administration shall be available (1) except as otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 236–244), for expenses of primary and secondary schooling for dependents of Federal Aviation Administration personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents and (2) for transportation of said dependents between schools serving the area which they attend and their places of residence when the Secretary, under such regulations as may be prescribed, determines that such schools are not accessible by public means of transportation on a regular basis.
Sec. 307.
Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–18.
Sec. 308.
None of the funds provided under this Act shall be made
Mass transit fare for elderly and handicapped.
available under section 5 of the Urban Mass Transportation Act of 1964, as amended, to support mass transit facilities, equipment, or operating expenses unless the applicant for such assistance has given satisfactory assurances in such manner and forms as the Secretary may require, and in accordance with such terms and conditions as the Secretary may prescribe, that the rates charged elderly and handicapped persons during nonpeak hours shall not exceed one-half of the rates generally applicable to other persons at peak hours: Provided, That the Secretary, in prescribing the terms and conditions for the provision of such assistance shall (1) permit applicants to continue the use of preferential fare systems for elderly or handicapped persons where those systems were in effect on or prior to November 26, 1974, (2) allow applicants a reasonable time to expand the coverage of operating preferential fare systems as appropriate, (3) allow applicants to continue to use preferential fare systems incorporating the offering of a free return ride upon payment of the generally applicable full fare where any such applicant’s existing fare collection system does not reasonably permit the collection of half fares, and (4) allow applicants to define the eligibility of “handicapped persons” for the purposes of preferential fares in conformity with other Federal laws and regulations governing eligibility for benefits for disabled persons.
Sec. 309.
None of the funds contained in this Act shall remain
Fiscal year limitation.
available for obligation beyond the current fiscal year unless expressly so provided herein.
Sec. 310.
Notwithstanding any other provision of law, the total
Federal-aid highways.
of all obligations for Federal-aid highways and highway safety construction programs for fiscal year 1982 shall not exceed $8,000,000,000. This limitation shall not apply to obligations for emergency relief under section 125 of title 23, United States Code, or projects covered under section 147 of the Surface Transportation Assistance Act of 1978. No obligation constraints shall be placed upon
any ongoing emergency project carried out under section 125 of title 23, United States Code, or section 147 of the Surface Transportation Assistance Act of 1978.
For fiscal year 1982, the Secretary of Transportation shall distribute the limitation imposed by subsection (a) by allocation in the ratio which sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned to each State for such fiscal year bears to the total of the sums authorized to be appropriated for Federal-aid highways and highway safety construction which are apportioned to all the States for such fiscal year.
During the period October 1 through December 31, 1981, no State shall obligate more than 35 per centum of the amount distrib-uted to such State under subsection (b), and the total of all State obligations during such period shall not exceed 25 per centum of the total amount distributed to all States under such subsection.
Notwithstanding subsections (b) and (c), the Secretary shall—
provide all States with authority sufficient to prevent lapses of sums authorized to be appropriated for Federal-aid highways and highway safety construction which have been apportioned to a State, except in those instances in which a State indicates its intention to lapse sums apportioned under section 104(b)(5)(A) of title 23, United States Code;
after August 1, 1982, revise a distribution of the funds made available under subsection (b) if a State will not obligate the amount distributed during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year; and
not distribute amounts authorized for administrative expenses, forest highways and $15,000,000 for the Bismarck-Mandan Bridge, $400,000 for the Steubenville-Weirton Bridge, and necessary funds required during fiscal year 1982 for the Dickey Road Bridge in East Chicago, Indiana, and the U.S. 12 Bridge over Trail Creek in Michigan City, Indiana.
Sec. 311.
None of the funds provided in this Act shall be used by the Interstate Commerce Commission to approve railroad branchline abandonments in fiscal year 1982 in any State in excess of 3 per centum of a State’s total mileage of railroad lines operated: Provided, That this limitation shall not apply to any abandonment of Conrail railroad lines: Provided further, That exceptions to this limitation shall be made only upon the specific approval of each of the appropriate committees of Congress.
Sec. 312.
None of the funds provided in this Act shall be available for the implementation or execution of programs the obligations of which are in excess of $60,000,000 in fiscal year 1982 for the “Offshore Oil Pollution Compensation Fund”.
Sec. 313.
None of the funds appropriated in this Act for the Panama Canal Commission may be expended unless in conformance with the Panama Canal Treaties of 1977 and any law implementing those treaties.
Sec. 314.
None of the funds provided in this Act may be used for planning or construction of rail-highway crossings under section 322(a) of title 23, United States Code, or under section 701(a)(5) or section 703(1)(A) of the Railroad Revitalization and Regulatory
Reform Act of 1976 at the—
School Street crossing in Groton, Connecticut; and
Broadway Extension crossing in Stonington, Connecticut.
Sec. 315.
None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act.
Sec. 316.
None of the funds in this Act shall be used to assist, directly or indirectly, any State in imposing mandatory State inspection fees or sticker requirements on vehicles which are lawfully registered in another State, including vehicles engaged in interstate commercial transportation which are in compliance with Part 396–Inspection and Maintenance of the Federal Motor Carrier Safety
49 CFR Part 396.
Regulations of the U.S. Department of Transportation.
Sec. 317.
Except as otherwise provided under existing law or under an existing Executive order issued pursuant to an existing law, the obligation or expenditure of any appropriation under this Act for contracts for any consulting service shall be limited to contracts which are (1) a matter of public record and available for public inspection, and (2) thereafter included in a publicly available list of all contracts entered into within 24 months prior to the date on which the list is made available to the public and of all contracts on which performance has not been completed by such date. The list required by the preceding sentence shall be updated quarterly and shall include a narrative description of the work to be performed under each such contract.
Sec. 318.
For fiscal year 1982 and thereafter, a department or
Consulting service estimates, submittal to congressional committees.
establishment—as defined in section 2 of the Budget and Accounting Act, 1921—shall submit annually to the House and Senate Appropriations Committees, as part of its budget justification, the estimated amount of funds requested for consulting services; the appropriation accounts in which such funds are located; and a brief description of the need for consulting services, including a list of major programs that require consulting services.
For fiscal year 1982 and thereafter, the Inspector General of
Progress evaluation, submittal to Congress.
such department or establishment, or comparable official, or if there is no Inspector General or comparable official, the agency head or the agency head’s designee, shall submit to the Congress along with the budget justification an evaluation of the agency’s progress to institute effective management controls and improve the accuracy and completeness of the data provided to the Federal Procurement Data System regarding consultant service contractual arrangements.
Sec. 319.
None of the funds in this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States.
Sec. 320.
None of the funds provided in this Act shall be available
Deepwater Port Liability Funds.
for the implementation or execution of programs, the obligations for which are in excess of $50,000,000 in fiscal year 1982 for the “Deepwater Port Liability Funds”.
Sec. 321.
The weeks of June 13 through July 4, 1982, are designated
National Clean-up and Flag-up America’s Highways Weeks, designation.
as “National Clean-up and Flag-up America’s Highways Weeks”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe this period with appropriate ceremonies and activities.
Sec. 322.
None of the funds provided in the Act to any Department
Personal services.
or Agency shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of such Department or Agency, excluding those positions from this provision which serve dual roles pertaining to a security or law enforcement function.
Sec. 323.
Except for security mission automobiles, none of the funds
Passenger automobiles, procurement.
provided in this Act to any Department or Agency shall be obligated or expended to procure passenger automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per gallon average of less than 22 miles per gallon.
Sec. 324.
None of the funds appropriated by this Act shall be used
International Air Transport Association’s North Atlantic Traffic Conference.
to implement, administer, or enforce Order 81–5–27 of the Civil Aeronautics Board or any other order of the Civil Aeronautics Board which prohibits or has the effect of prohibiting any United States air carrier from participating in the International Air Transport Association’s North Atlantic Traffic Conference under its existing articles and provisions: Provided, That this limitation may be terminated by an appropriate resolution adopted by the House Public Works and Transportation Committee or the Senate Commerce Committee.
Sec. 325.
Notwithstanding any other provision of law, the Secretary shall, with regard to the Urban Discretionary Grant Program of the Urban Mass Transportation Administration, promptly issue a letter of intent for the Dade County, Florida, Circulator System for $63,642,666, and, in addition, shall promptly issue a letter of intent for nonrail projects in the Portland, Oregon, Metropolitan region for $76,800,000 and also issue a letter of intent for the Southeast Michigan Central Automated Transit System for 110 million 1981 dollars.
Sec. 326.
The Act entitled “An Act authorizing the State of Maryland, by and through its State Roads Commission or the successors of said Commission, to construct, maintain, and operate certain bridges across streams, rivers, and navigable waters which are wholly
or partly within the State”, approved April 7, 1938, and the Act of June 16, 1948 (62 Stat. 463, Public Law 654, 80th Congress), as amended by the Act of November 17, 1967 (81 Stat. 466, Public Law 144, 90th Congress) are hereby repealed.
The State of Maryland, by and through the Maryland Transportation Authority or the successors of such Authority, is authorized, subject to all applicable Federal laws, (1) to continue to collect tolls after the date of enactment of this Act from its existing transportation facilities projects, as defined on the date of enactment of this Act in the laws of the State of Maryland, and (2) to use the revenues from such tolls for transportation projects of the type which the State or the Maryland Transportation Authority is authorized to construct, operate, or maintain under the laws of the State of Maryland as such laws exist on the date of enactment of this Act.
Sec. 327.
Notwithstanding section 16 of the Federal Airport Act (as in effect on November 25, 1947), the Secretary of Transportation is authorized, subject to the provisions of section 13 of the Surplus Property Act of 1944 (50 App. U.S.C. 1622(g)), and the provisions of subsection (b) of this section, to grant release from any of the terms, conditions, reservations, and restrictions contained in a deed of conveyance dated November 25, 1947, under which the United States conveyed certain property to the Greater Rockford Airport Authority for airport purposes and in deeds of conveyance dated May 28, 1948, and April 21, 1949, under which the United States conveyed certain property of the city of Liberal, Kansas for airport purposes.
Any release granted by the Secretary of Transportation under subsection (a) shall be subject to the following conditions:
the Greater Rockford Airport Authority or the city of Liberal, Kansas, as the case may be, shall agree that in conveying any interest in the property which the United States conveyed pursuant to the deeds described in subsection (a), the Greater Rockford Airport Authority or the city of Liberal, Kansas, as the case may be, will receive an amount which is equal to the fair market value; and
any such amount so received shall be used for the development, improvement, operation, or maintenance of a public airport.
Sec. 328.
Notwithstanding section 13(g) of the Surplus Property Act of 1944 (50 App. U.S.C. 1622(g)) and section 4 of the Act of October
1, 1949 (50 App. U.S.C. 1622(c)), the Secretary of Transportation, if requested, shall, as to the property described in subsection (f), grant a release to the Parish of East Baton Rouge, Louisiana, from all of the terms, conditions, reservations, and restrictions contained in the deed of conveyance dated August 13, 1948, under which the United States conveyed certain property to the Parish of East Baton Rouge, Louisiana, for airport purposes. This provision does not apply to the portion of the property, conveyed by that deed, that is not specified in subsection (f).
In place of the terms, conditions, reservations, and restrictions released under subsection (a), the following conditions shall apply:
The City of Baton Rouge and Parish of East Baton Rouge, Louisiana, shall submit all proposals, policies, and plans for further construction, other development, or changed operating practices (including, but not limited to, policies affecting the size and kind of the inmate population), at East Baton Rouge Parish Prison, to the Secretary for review of airport safety and security prior to such construction, other development, or changed operating practices.
The City of Baton Rouge and Parish of East Baton Rouge, Louisiana, shall construct, develop, operate, and maintain the East Baton Rouge Parish Prison in accordance with proposals, policies, and plans submitted to, and approved by, the Secretary with respect to airport safety and security.
The City of Baton Rouge and Parish of East Baton Rouge, Louisiana, shall construct, develop, operate, and maintain the East Baton Rouge Parish Prison in compliance with applicable Federal, State, and local laws.
The City of Baton Rouge and Parish of East Baton Rouge, Louisiana, shall hold the United States harmless for damage or injury to persons or property, in flight or on the ground, caused by any inmate who has escaped from the East Baton Rouge Parish Prison, or caused by any event occurring at the prison.
Within ninety days after the enactment of this provision, the City of Baton Rouge and Parish of East Baton Rouge, Louisiana, shall demonstrate, to the satisfaction of the Secretary, that the current operating conditions at the East Baton Rouge Parish Prison meet acceptable levels of airport safety and security.
Any action determined by the Secretary to be necessary to achieve acceptable levels of airport safety or security at the prison shall be accomplished by the City of Baton Rouge and Parish of East Baton Rouge, Louisiana, as soon as practicable. Such determinations are “orders” for the purpose of judicial review under section 1006 of the Federal Aviation Act of 1958, as amended (49 U.S.C. 1486).
The opinion of the Secretary concerning the airport safety and security implications of any current or proposed conditions involving the prison shall be conclusive as to those matters.
Subsection (a) applies to the following described area:
One certain lot or parcel of ground together with all the buildings and improvements thereon located in the Parish of East Baton Rouge, State of Louisiana and shown by reference to the following two maps:
1.
A map entitled “Airport Boundary Maps showing Ryan Airport Property Owned by the Parish of East Baton Rouge, Louisiana, Compiled from Official Records and Maps” prepared by the Department of Public Works in and for the City of Baton Rouge and the Parish of East Baton Rouge and dated October 13, 1978, and signed by Mr. Charles W. Hair, Jr., Engineer (said map being hereinafter referred to as Map numbered 1); and
2.
A map entitled “Map Showing Boundary and Topographic Survey of East Baton Rouge Parish Prison Site” dated March 6, 1981, and signed by Mr. Henry K. Schott, Engineer (said map being hereinafter referred to as Map numbered 2).
Said property being more particularly described by starting at point “A” on Map numbered 1; thence proceeding north 00 degrees 27 minutes 37 seconds west a distance of 56.44 feet to a point and corner; thence proceeding east 90 degrees 00 minutes 00 seconds east a distance of 60.08 feet to the point of beginning and corner, thence proceed north 0 degrees 27 minutes 37 seconds west a distance of 549.61 feet to a point and corner; thence proceed north 88 degrees 44 minutes 42 seconds east a distance of 185.66 feet to a point and corner; thence proceed north 1 degree 01 minute 51 seconds west a distance of 222.05 feet to a point and corner; thence proceed north 88 degrees 44 minutes 42 seconds east a distance of 1,120.20 feet to a point and corner; thence proceed south 10 degrees 34 minutes 12 seconds west a distance of 816.23 feet to a point and corner; thence proceed south 89 degrees 24 minutes 21 seconds west a distance of 387.66 feet to a point; thence proceed north 70 degrees 37 minutes 59 seconds west a distance of 186.66 feet to a point; thence proceed south 86 degrees 36 minutes 21 seconds west a distance of 712.28 feet to the point of beginning; all of said measurements being more particularly shown on Map numbered 2.
Sec. 329.
As used in section 502(a)(1)(3) of the Rail Passenger Service Act, the term “Amtrak Commuter” shall mean, with respect to the period prior to January 1, 1983, “Conrail”.
TITLE IV
Sec. 401.
Notwithstanding any other provision of this Act, appropriations made available for the projects or activities provided for in this Act are hereby reduced in the following amounts:
Department of Transportation Office of the Secretary, salaries and expenses and transportation planning, research, and development, $4,500,000; Coast Guard, operates expenses, $48,400,000, of which $5,000,000 shall be deducted from the amounts made available for recreational boating safety; acquisition, construction, and improvements, $16,000,000; alteration of bridges, $4,000,000; research, development, test, and evaluation, $4,000,000; offshore oil pollution compensation fund, $3,000,000; and deepwater port liability fund, $3,000,000; Federal Aviation Administration, operations, $125,000,000; facilities, engineering and development, $9,000,000; facilities and equipment (Airport and Airway Trust Fund), $24,000,000; research, engineering and development (Airport and Airway Trust Fund), $16,000,000; and construction, Metropolitan Washington Airports, $5,000,000; Federal Highway Administration, highway safety research and development, $2,000,000; highway beautification, $1,500,000; territorial highways, $1,000,000; and interstate transfer grants-highways, $37,000,000; National Highway Traffic Safety Administration, operations and research, $7,000,000; Federal Railroad Administration, office of the administrator, $500,000; railroad safety, $2,500,000; railroad research and development, $9,000,000; rail service assistance, $4,000,000, of which at least $2,000,000 shall be deducted from amounts made available for the Minority Business Resource Center; Northeast corridor improvement program, $6,000,000; and redeemable preference shares, $7,000,000; Urban Mass Transportation Administration, administrative expenses, $3,000,000; research, development, and demonstrations and university research and training, $10,000,000; urban discretionary grants, $29,500,000; nonurban formula grants, $4,000,000; urban formula grants, $64,750,000; and interstate transfer grants-transit, $22,000,000; Research and Special Programs Administration, research and special programs, $9,000,000, of which $2,500,000 shall be deducted from the amounts made available for research and development and $750,000 shall be deducted from amounts made available for grants-in-aid as authorized by section 5 of the Natural Gas Pipeline Safety Act of 1968;
Related Agencies Architectural and Transportation Barriers Compliance Board, salaries and expenses, $100,000; National Transportation Safety Board, salaries and expenses, $2,000,000; Civil Aeronautics Board, salaries and expenses, $1,500,000; Interstate Commerce Commission, salaries and expenses, $4,000,000; Department of the Treasury, Office of the Secretary, investment in fund anticipation notes, ($7,000,000); and United States Railway Association, administrative expenses, $4,000,000.
Sec. 402.
Notwithstanding any other provison of law or of this Act,
North Dakota, railroad branchline abandonments.
none of the funds provided in this or any other Act shall hereafter be used by the Interstate Commerce Commission to approve railroad branchline abandonments in the State of North Dakota by the entity generally known as the Burlington Northern Railroad, or its agents or assignees, in excees of a total of 350 miles: Provided, That this section shall be in lieu of section 311 (amendment numbered 93) as set forth in the conference report and the joint explanatory statement of the committee of conference on the Department of Transportation and Related Agencies Appropriations Act, 1982 (H.R. 4209), filed in the House of Representatives on November 13, 1981 (H. Rept. No. 97–331).
Sec. 403.
Notwithstanding any other provision of law or of this Act,
Nonurban and urban formula grants.
the funds provided for section 18 nonurban formula grants and section 5 urban formula grants in this Act shall be apportioned and allocated using data from the 1970 decennial census for one-half of the sums appropriated and the remainder shall be apportioned and allocated on the basis of data from the 1980 decennial census.
Sec. 404.
Notwithstanding any other provision of law or of this Act,
Mount Saint Helens volcano, highway damage.
of the fiscal year 1982 Highway Trust Funds available for emergency relief, $17,000,000 shall be made available for damaged highways or for the prevention of damage to highways in the area affected by eruptions of the Mount Saint Helens volcano.
Sec. 405.
Notwithstanding any other provision of title 23, United
Michigan City, Ind.
States Code, or of this Act, the Secretary of Transportation shall approve, upon the request of the State of Indiana, the construction of an interchange to appropriate standards at I–94 and County Line Road at the Porter-La Porte County Line near Michigan City, Indiana, with the Federal share of such construction to be financed out of funds apportioned to the State of Indiana under section 104(b)(5)(A) of title 23, United States Code.
Sec. 406.
Notwithstanding any other provision of law, or of this Act, any proposal for deferral of budget authority under section 1013 of the Impoundment Control Act of 1974 (31 U.S.C. 1403) with respect to budget authority for expenses related to the Northest Corridor Improvement Project authorized under title VII of the Railroad Revitalization an Regulatory Reform Act of 1976 (Public Law
94–210), Acquisition, construction, and improvements, Railroad-highway crossings demonstration projects, Grants to the National Railroad Passenger Corporation, Urban discretionary grants, and Interstate transfer grants (highway and transit) shall, upon transmittal to the Congress, be referred to the House and Senate Committees on Appropriations and any amount of budget authority proposed to be deferred therein shall be made available for obligation unless, within a 45-day period which begins on the date of transmittal and which is equivalent to that described in section 1011 (3) and (5) of the Impoundment Control Act of 1974 (31 U.S.C. 1401 (3) and (5)), the Congress has completed action on a bill approving all or part of the proposed deferral.
Short title.
This Act may be cited as the “Department of Transportation and Related Agencies Appropriation Act, 1982”.
Approved December 23, 1981.