BRIDGE PROGRAM.

SEC. 123. BRIDGE PROGRAM. (a) Discretionary Program.—Section 144(g) of title 23, United States Code, is amended to read as follows: “(g) Set Asides.— “(1) Discretionary bridge program.—Of the amount authorized per fiscal year for each of fiscal years 1987, 1988, 1989, 1990, and 1991 by section 106(a)(5) of the Federal-Aid Highway Act of 1987, all but $225,000,000 per fiscal year shall be apportioned as provided in subsection (e) of this section. $225,000,000 per fiscal year of the amount authorized for each of such fiscal years shall be available for obligation on the date of each such apportionment in the same manner and to the same extent as the sums apportioned on such date, except that the obligation of such $225,000,000 shall, subject to section 149(d) of the Federal-Aid Highway Act of 1987, be at the discretion of the Secretary. “(2) Eligible discretionary projects.—Subject to section 149(d) of the Federal-Aid Highway Act of 1987, amounts made available by paragraph (1) for obligation at the discretion of the Secretary may be obligated only— “(A) for a project for a highway bridge the replacement or rehabilitation cost of which is more than $10,000,000, and “(B) for a project for a highway bridge the replacement or rehabilitation cost of which is less than $10,000,000 if such cost is at least twice the amount apportioned to the State in which such bridge is located under subsection (e) for the fiscal year in which application is made for a grant for such bridge. “(3) Off-system bridges.—Not less than 15 percent nor more than 35 percent of the amount apportioned to each State in each of fiscal years 1987, 1988, 1989, 1990, and 1991, shall be expended for projects to replace or rehabilitate highway bridges located on public roads, other than those on a Federal-aid system. The Secretary, after consultation with State and local officials, may, with respect to such State, reduce the requirement for expenditure for bridges not on a Federal-aid system when the Secretary determines that such State has inadequate needs to justify such expenditure.”. (b) Applicability of the General Bridge Act of 1948.—Section 144(h) of such title is amended— (1) by striking out “which are not subject to the ebb and flow of the tide, and ” and inserting in lieu thereof “(1)”; and (2) by striking out the period at the end thereof and inserting in lieu thereof “, and (2) which are (a) not tidal, or (b) if tidal, used only by recreational boating, fishing, and other small vessels less than 21 feet in length ”. (c) Inventories and Reports.—Section 144(i) of such title is amended to read as follows: “(i) Inventories and Reports.—The Secretary shall— “(1) report to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives on projects approved under this section; “(2) annually revise the current inventories authorized by subsections (b) and (c) of this section; 101 STAT. 162 “(3) report to such committees on such inventories; and “(4) report to such committees such recommendations as the Secretary may have for improvements of the program authorized by this section. Such reports shall be submitted to such committees biennially at the same time as the report required by section 307(e) of this title is submitted to Congress.”. (d) Bridges To Replace Destroyed Bridges and Ferryboat Service.— (1) In general.—Section 144 of such title is amended by redesignating subsection (m), and any references thereto, as subsection (p) and by inserting after subsection (1) the following new subsection: “(m) Replacement of Destroyed Bridges and Ferryboat Service.— “(1) General rule.—Notwithstanding any other provision of this section or of any other provision of law, a State may utilize any of the funds provided under this section to construct any bridge which— “(A) replaces any low water crossing (regardless of the length of such low water crossing), “(B) replaces any bridge which was destroyed prior to 1965, “(C) replaces any ferry which was in existence on January 1, 1984, or “(D) replaces any road bridges rendered obsolete as a result of United States Corps of Engineers flood control or channelization projects and not rebuilt with funds from the United States Corps of Engineers. “(2) Federal share.—The Federal share payable on any bridge construction carried out under paragraph (1) shall be 80 percent of the cost of such construction.”. (2) Applicability.—The amendment made by subsection (a) shall apply to funds apportioned to the States under section 144 of title 23, United States Code, after September 30, 1986. (3) Conforming modification of apportionment formula.—Subsection (e) of such section is amended by inserting after the third sentence the following new sentence: “For purposes of the preceding sentence, the total cost of deficient bridges in a State and in all States shall be reduced by the total cost of any highway bridges constructed under subsection (m) in such State, relating to replacement of destroyed bridges and ferryboat services.”. (e) Off-System Bridge Program.—Such section 144 is further amended by inserting after subsection (1) the following new subsection: “(n) Off-System Bridge Program.—Notwithstanding any other provision of law, with respect to any project not on a Federal-aid system for the replacement of a bridge or rehabilitation of a bridge which is wholly funded from State and local sources, is eligible for Federal funds under this section, is noncontroversial, is certified by the State to have been carried out in accordance with all standards applicable to such projects under this section, and is determined by the Secretary upon completion to be no longer a deficient bridge, any amount expended after the date of the enactment of this subsection from State and local sources for such project in excess of 20 percent of the cost of construction thereof may be credited to the 101 STAT. 163non-Federal share of the cost of the projects in such State which are eligible for Federal funds under this section. Such crediting shall be in accordance with such procedures as the Secretary may establish.”. (f) Historic Bridges.— (1) Findings.—Congress hereby finds and declares it to be in the national interest to encourage the rehabilitation, reuse and preservation of bridges significant in American history, architecture, engineering and culture. Historic bridges are important links to our past, serve as safe and vital transportation routes in the present, and can represent significant resources for the future. (2) Program.—Such section 144 is further amended by inserting after subsection (1) the following new subsection: “(o) Historic Bridge Program.— “(1) Coordination.—The Secretary shall, in cooperation with the States, implement the programs described in this section in a manner that encourages the inventory, retention, rehabilitation, adaptive reuse, and future study of historic bridges. “(2) State inventory.—The Secretary shall require each State to complete an inventory of all bridges on and off the Federal-aid system to determine their historic significance. “(3) Eligibility.—Reasonable costs associated with actions to preserve, or reduce the impact of a project under this chapter on, the historic integrity of historic bridges shall be eligible as reimbursable project costs under this title (including this section) if the load capacity and safety features of the bridge are adequate to serve the intended use for the life of the bridge; except that in the case of a bridge which is no longer used for motorized vehicular traffic, the costs eligible as reimbursable project costs pursuant to this subsection shall not exceed the estimated cost of demolition of such bridge. “(4) Preservation.—Any State which proposes to demolish a historic bridge for a replacement project with funds made available to carry out this section shall first make the bridge available for donation to a State, locality, or responsible private entity if such State, locality, or responsible entity enters into an agreement to— “(A) maintain the bridge and the features that give it its historic significance; and “(B) assume all future legal and financial responsibility for the bridge, which may include an agreement to hold the State highway agency harmless in any liability action. Costs incurred by the State to preserve the historic bridge, including funds made available to the State, locality, or private entity to enable it to accept the bridge, shall be eligible as reimbursable project costs under this chapter up to an amount not to exceed the cost of demolition. Any bridge preserved pursuant to this paragraph shall thereafter not be eligible for any other funds authorized pursuant to this title. “(5) Historic bridge defined.—As used in this subsection, ‘historic bridge’ means any bridge that is listed on, or eligible for listing on, the National Register of Historic Places.”. (3) Study.— (A) Transportation research board.—The Secretary shall make appropriate arrangements with the Transportation Research Board of the National Academy of Sciences 101 STAT. 164to carry out a study on the effects of the bridge program conducted under section 144 of title 23, United States Code, on the preservation and rehabilitation of historic bridges. The Transportation Research Board shall also develop recommendations of specific standards which shall apply only to the rehabilitation of historic bridges, and shall provide an analysis of any other factors which would serve to enhance the rehabilitation of historic bridges. (B) Report.—Not later than 1 year after entering into appropriate arrangements under subparagraph (A), the Transportation Research Board shall submit to the Secretary and the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives a report on the results of the study conducted under subparagraph (A) and on the recommendations developed pursuant to subparagraph (A). (g) State Matching Share.— The State or local governmental matching share for the Calder bridge project being constructed under title 23, United States Code, across the Saint Joe River, 19 miles east of Saint Maries, Idaho, including approaches— (1) may be credited by the fair market value of land incorporated into the project if the land is in addition to existing public right-of-way and is donated to the State or local government; (2) may be credited by the fair market value of construction on the project performed by or donated to the State or local government; and (3) may be credited by the fair market value of preliminary engineering and the preparation of an environmental impact statement performed by or donated to the State or local government; before, on, or after the date of the enactment of this Act. (h) Discretionary Bridge Criteria.—Section 161 of the Highway Improvement Act of 1982 (23 U.S.C. 144 note) is amended by inserting before the period at the end of the second sentence “, including a bridge replacement of which was partially funded under the Supplemental Appropriations Act, 1983 (97 Stat. 341)”. (i) Jamestown Bridge.— Federal-aid highway funds may be expended on the Jamestown Bridge project connecting the mainland of Rhode Island with the Island of Jamestown only— (1) if the bridge meets all requirements and standards of title 23, United States Code, and any other applicable Federal law; and (2) if the railing of the bridge— (A) is designed to provide motorists with a view of the surrounding natural areas comparable to the view provided by the Newport Bridge in Rhode Island; and (B) has been proven to be crash worthy through full scale testing in accordance with currently accepted test criteria.