1.This Act may be cited as
the Lincoln Legacy Infrastructure
Development Act
.
2.Congress finds that—
(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;
(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;
(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;
(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;
(5)Highway Trust
Fund outlays during the period of fiscal years 2011 to 2021 are expected to
exceed revenues and interest by approximately $120,000,000,000;
(6)the Congressional
Budget Office estimates that the Highway Trust Fund will be unable to meet
obligations of the Highway Trust Fund sometime during fiscal year 2012;
(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;
(8)private-public
partnerships are an important tool to help address transportation
infrastructure shortfalls;
(9)infrastructure
experts estimate that there is more than $400,000,000,000 available for
private-sector capital infrastructure investment;
(10)according to the
Federal Highway Administration, 29 States and 1 United States territory have
enacted legislation enabling private-public partnerships; and
(11)State and local
governments are uniquely positioned to further develop and use innovative
financing methods for all modes of infrastructure.
3.Private-public
partnership challenge grants
(a)Chapter 1 of title 23, United States Code, is amended by
inserting after section 149 the following:
150.Private-public
partnership challenge grants
(a)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.
(b)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.
(c)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.
(d)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).
.
(b)The analysis for chapter 1 of title 23, United States
Code, is amended by inserting after the item relating to section 149 the
following:
150. Private-public partnership challenge
grants.
.
4.
(a)Agreements
relating to use of and access to rights-of-Way-Interstate System
(1)Section 111(a) of title 23, United States Code, is
amended—
(A)by redesignating
subparagraphs (A) through (C) of paragraph (1) as clauses (i) through (iii),
respectively;
(B)by redesignating
paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(C)by striking
In
general.—All agreements
and inserting the
following:
(a)
(1)All agreements
;
and
(D)by adding at the
end the following:
(2)Commercialization,
lease, and concession of Interstate safety rest
areasNotwithstanding 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—
(A)access to the
safety rest area, parking, and restrooms remains free of charge;
(B)the safety of
motorists is not compromised by the agreement; and
(C)the State
agrees—
(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; and
(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.
.
(b)Section 111(b) of title 23, United States Code, is
amended—
(1)by striking
Notwithstanding
and inserting the following:
(1)Notwithstanding
;
and
(2)by adding at the
end the following:
(2)Notwithstanding any other provision of this
Act—
(A)the Secretary
shall not impose any surcharge on a State with respect to any blind vending
facility established pursuant to paragraph (1); and
(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.
.
(c)Toll roads,
bridges, tunnels, and ferriesSection 129(a)(3) of title 23,
United States Code, is amended in the last sentence by striking for any
purpose for which Federal funds may be obligated by a State under this
title
and inserting , including revenues received as a result of
any agreement entered into by the State for the sale, lease, or concession of a
highway, bridge, or tunnel, only for purposes relating to a highway or transit
transportation project carried out under this title or title 49
.
(d)Section 166(a) of title 23, United States Code, is
amended by striking paragraph (2) and inserting the following:
(2)
(A)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.
(B)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.
.
(e)Innovative
surface transportation financing methods
(1)Value pricing
pilot programSection 1012(b)(1) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) is
amended in the second sentence by striking as many as 15 such State or
local governments or public authorities
and inserting States,
local governments, and public authorities
.
(2)Interstate
System reconstruction and rehabilitation pilot programSection
1216(b)(2) of the Transportation Equity Act for the 21st Century (23 U.S.C. 129
note; 112 Stat. 212) is amended—
(A)in the first
sentence, by striking 3
and inserting 10
;
and
(B)by striking the
second sentence.
(f)Express lanes
demonstration programSection 1604(b)(2) of the SAFETEA–LU (23
U.S.C. 129 note; 119 Stat. 1250) is amended in the matter preceding
subparagraph (A)—
(1)by striking
15
; and
(2)by striking
2005 through 2009
and inserting 2012 through
2017
.
(g)Interstate
System construction toll pilot programSection 1604(c) of the SAFETEA–LU (23
U.S.C. 129 note; 119 Stat. 1253) is amended—
(1)by striking paragraph (2);
(2)by redesignating paragraphs (9) and (1) as
paragraphs (1) and (2), respectively; and
(3)in paragraph (8),
by striking the date of enactment of this Act
and inserting
the date of enactment of the Lincoln
Legacy Infrastructure Development Act
.
5.
(a)
(1)Section 603(b) of title
23, United States Code, is amended—
(A)by striking paragraph (6); and
(B)by redesignating
paragraphs (7) and (8) as paragraphs (6) and (7), respectively.
(2)Section 604(b) of title 23, United States Code, is
amended—
(A)by striking paragraph (8); and
(B)by redesignating
paragraphs (9) and (10) as paragraphs (8) and (9), respectively.
(b)Section
608(a) of title 23, United States Code, is amended—
(1)in paragraph (1),
by striking $122,000,000 for each of fiscal years 2005 through
2009
and inserting $750,000,000 for each of fiscal years 2012
through 2017
; and
(2)in paragraph (3)
by striking $2,200,000 for each of fiscal years 2005 through
2009
and inserting $7,500,000 for each of fiscal years 2012
through 2017
.
6.Railroad
Rehabilitation and Improvement Financing Program
(a)Section 822(b)(1) of title 45, United States Code, is
amended—
(1)in subparagraph
(B), by striking or
at the end;
(2)in subparagraph
(C), by striking the period at the end and inserting a semicolon; and
(3)by adding at the
end the following:
(D)carry out
projects and activities that benefit high-speed rail; or
(E)carry out
development phase activities, including planning, feasibility analysis, revenue
forecasting, environmental review, permitting, preliminary engineering and
design work, and other preconstruction
activities.
.
(b)Section 822(h)(2) of title 45, United States Code,
is amended by inserting For purposes of making a finding under
subsection (g)(4), the Secretary, through the Administrator of the Federal
Railroad Administration, shall consider the net present value of anticipated
dedicated revenues or user fees to be collateral offered by the
applicant.
after the project.
.
(c)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—
(1)the number of
loans pending and issued under section 822 of title 45, United States Code;
and
(2)the time taken to
process each of the loans described in paragraph (1).
7.Airport
privatization program
(a)Section 47134(b)
of title 49, United States Code, is amended—
(1)in the matter
preceding paragraph (1) by striking with respect to not more than 5
airports
; and
(2)in paragraph
(1)—
(A)by striking
subparagraph (A) and inserting the following:
(A)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—
(i)in
the case of a primary airport, with each air carrier and foreign air carrier
serving the airport, as determined by the Secretary; and
(ii)in the case of a
nonprimary airport, with at least 65 percent of the owners of aircraft based at
that airport, as determined by the
Secretary.
;
and
(B)by striking
subparagraph (C).
(b)Section 47134(c) of title 49, United States Code, is
amended—
(1)by striking
paragraphs (4), (5), and (9);
(2)by redesignating
paragraphs (6), (7), and (8) as paragraphs (4), (5), and (6), respectively;
and
(3)by adding at the
end the following:
(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.
.
(c)Participation of
certain airportsSection
47134 of title 49, United States Code, is amended—
(1)by striking
subsection (d); and
(2)by redesignating
subsections (e) through (m) as subsections (d) through (l),
respectively.
(d)The amendments made by this section shall
apply with respect to an exemption issued to an airport under section 47134 of
title 49, United States Code, before, on, or after the date of enactment of
this Act.
(e)
(1)The section heading for section 47134 of title 49, United
States Code, is amended to read as follows:
47134.Private
ownership of
airports
.
(2)The table of sections for chapter 471 of title 49,
United States Code, is amended by striking the item relating to section 47134
and inserting the following:
47134. Private ownership of
airports.
.
8.
(a)In
this section—
(1)the term
Administrator mean the Administrator of the Federal Transit
Administration;
(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;
(3)the term
eligible project means a project carried out using funding under
section 5307 or 5309 of title 49, United States Code;
(4)the term
eligible recipient means a recipient of funding under section 5307
or 5309 of title 49, United States Code;
(5)the term
experimental program means the public-private partnership
experimental program established under subsection (b); and
(6)the term
fixed guideway miles includes fixed guideway revenue
vehicle-miles, fixed guideway route miles, and fixed guideway vehicle
passenger-miles.
(b)Public-Private
partnership experimental program
(1)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—
(A)attract private
investment in covered projects; and
(B)increase project
management flexibility and innovation, improve efficiency, allow for timely
project implementation, and create new revenue streams.
(2)Implementation
of programThe experimental program shall—
(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; and
(B)develop
procedures and approaches that—
(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
); and
(ii)protect the
public interest and any public investment in covered projects.
(3)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.
(4)Not
later than 180 days after the date of enactment of this Act, the Administrator
shall issue rules to carry out the experimental program.
(5)Nothing in this subsection may be construed to allow
the Administrator to waive any requirement under—
(A)section 5333 of
title 49, United States Code;
(B)the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(C)any other
provision of Federal law not described in paragraph (2)(A).
(c)Determination
of number of fixed guideway miles
(1)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.
(2)Amount
apportioned not affectedNotwithstanding 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).
(3)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.
9.Removal of cap
on exempt facility bonds used to finance qualified highway or surface freight
transfer facilities
(a)Subsection (m) of section 142 of the Internal Revenue
Code of 1986 is amended—
(1)by striking
paragraph (2), and
(2)by redesignating
paragraphs (3) and (4) as paragraphs (2) and (3).
(b)The amendments made by this section shall apply to bonds
issued after the date of the enactment of this Act.
10.Reduction in
annual adjustments to pay schedules for Federal employees for fiscal years 2013
through 2021For each of
fiscal years 2013 through 2021, section 5303(a) of title 5, United States Code,
shall be applied by substituting 1 percentage point
for
one-half of 1 percentage point
.
11.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 (Public Law 111–242; 124 Stat. 2607, 124 Stat.
3518)—
(1)such sums as may
be necessary to carry out this Act and any amendments made by this Act shall be
deposited into the Highway Trust Fund; and
(2)the remainder of
the funds shall be used for purposes of deficit reduction.