Short title

This Act may be cited as the

Bridges And Safety Infrastructure for Community Success Act

or the

BASICS Act

Definitions

In this Act: (1)

Secretary

The term Secretary means the Secretary of Transportation. (2)

Metropolitan planning organization

The term Metropolitan planning organization has the meaning given such term in section 134 of title 23, United States Code. (3)

Urbanized area

The term urbanized area has the meaning given such term in section 134 of title 23, United States Code. (4)

Off-system bridge

The term off-system bridge means a highway bridge or low water crossing (as defined by the Secretary) located on a public road, other than a bridge or low water crossing (as defined by the Secretary) on a Federal-aid highway. (5)

Regional transportation planning organization

The term regional transportation planning organization means the policy board of an organization established as the result of a designation under section 135(m) of title 23, United States Code.

Apportionment

Section 104 of title 23, United States Code, is amended— (1)in subsection (b)(1) by— (A)striking paragraphs (4), (5), and (6) and inserting (paragraphs (4), (5), (9), and (10)); and (B)striking 59.0771195921461 and inserting 53.71; (2)in subsection (b)(2) by— (A) striking paragraphs (4), (5), and (6) and inserting (paragraphs (4), (5), (9), and (10)); and (B)striking 28.7402203421251 and inserting 31.07; (3)in subsection (b)(3) by— (A) striking paragraphs (4), (5), and (6) and inserting (paragraphs (4), (5), (9), and (10)); and (B)striking 6.70605141316253 and inserting 7.61; (4)in subsection (b)(7) by— (A) striking paragraphs (4), (5), and (6) and inserting (paragraphs (4), (5), (9), and (10)); and (B)striking 2.56266964565637 and inserting 2.39; (5)in subsection (b)(8) by— (A) striking paragraphs (4), (5), and (6) and inserting (paragraphs (4), (5), (9), and (10)); and (B)striking 2.91393900690991 and inserting 2.72; (6)striking subsection (b)(6)(B) and inserting the following:

(B)The total amount for metropolitan planning for all States each fiscal year shall be 2.5 percent of the amount remaining after distributing amounts under paragraphs (4), (5), (9) and (10).

; and

(7) by adding the following at the end:

(9)

Strengthening bridges formula program

(A)

In general

For the strengthening bridges formula program under section 180, the Secretary shall set aside from the base apportionment determined for a State under subsection (c) an amount determined for the State under subparagraphs (B) and (C). (B)

Total amount

The total amount set aside for the strengthening bridges formula program for all States shall be $5,500,000,000 for each fiscal year between 2027 and 2031. (C)

State share

Notwithstanding subparagraph (D), for each fiscal year, after the setting aside funds as required by section 180(e), the Secretary shall distribute among the States the remaining amount for the strengthening bridges formula program under subparagraph (B) so that each State receives the amount equal to the proportion that— (i) the total cost of replacing or rehabilitating all bridges classified in poor condition in such State; bears to (ii) the total cost of replacing or rehabilitating all bridges classified in poor condition in all States. (D)

Determination of costs

For purposes of subparagraph (C), the Secretary shall determine replacement and rehabilitation costs based on the average unit costs of bridges from 2021 through 2024, as submitted by States to the Federal Highway Administration as required by section 144(b)(5). (E)

Minimum amount

The minimum amount that the Secretary apportions to a State in a fiscal year under this program shall be $45,000,000. (10)

Regional transportation planning

(A)

In general

To carry out section 135(n) of this title, an amount determined for the State under subparagraphs (C) of this subsection. (B)

Total amount

The total amount to carry out section 135(n) of this title for all States shall be $150,000,000 for each fiscal year between 2027 and 2031. (C)

Distribution among the States

For each fiscal year, the Secretary shall distribute the amounts authorized to carry out section 135(n) of this title among the States in the same proportion as the amount distributed to the State share under subsection (b) of this section. (D)

Administration

Up to 5 percent of the amounts provided to each State may be used by the State to administer this program.

Surface transportation block grant program

Section 133(d)(3) of title 23, United States Code, is amended by inserting after paragraph (B) the following:

(C)

Consultation with local governments

For purposes of clauses (iii) and (iv) of paragraph (1)(A), before obligating funding attributed to an area with a population of less than 50,000 that is not represented by a regional transportation planning organization, a State shall consult with local governments in that area and may partner with nonpartisan, statewide organizations representing local governments and their elected leaders in order to facilitate such consultation.

Bridge formula program

(a)

In general

Chapter 1 of title 23, United States Code, is amended by adding at the end the following:

180.

Strengthening bridges formula program

(a)

Establishment

The Secretary shall establish a program in accordance with this section to provide funding for bridge projects. (b)

Eligible uses

Funds apportioned to a State under this section may be obligated for the construction, replacement, rehabilitation, preservation, and protection of highway bridges on public roads. (c)

Suballocation of apportioned funds

(1)

Calculation

Of the funds apportioned to a State under section 104(b)(9) (after the set aside of funds under subsection (e)), the State shall obligate— (A)25 percent in the following areas in proportion to their relative shares of the population of the State— (i)in urbanized areas of the State with an urbanized population of over 200,000; (ii)in urbanized areas of the State with an urbanized population of not less than 50,000 and not more than 200,000; (iii)in urban areas of the State with a population of not less than 5,000 and not more than 49,999; and (iv)in other areas of the State with a population less than 5,000; and (B)the remainder may be obligated in any area of the State. (2)

Treatment of funds

Funds made available to carry out this section shall be administered as if apportioned under Section 104(e) and Section 104(i) of Title 23, United States Code (as amended). (3)

Project selection

A State shall only obligate funding under this section for— (A)in areas of more than 50,000, projects that have been included on the Transportation Improvement Program for the metropolitan planning organization representing that area; (B)in areas under 50,000 that are covered by a regional transportation planning organization, projects that are identified in cooperation with said regional transportation planning organization; and (C)in areas under 50,000 that are not covered by a regional transportation planning organization, projects that are selected in consultation with local governments in that area. (4)In order to facilitate better consultation with local governments to identify eligible projects, the State may work with nonpartisan, statewide organizations representing units of local government and their elected officials. (d)

Applicability of planning requirements

Programming and expenditure of funds for projects under this section shall be consistent with sections 134 and 135 of title 23, United States Code. (e)

Set asides

The Secretary shall set aside— (1)3 percent of the funds available for this program in each fiscal year to carry out section 202(d) of title 23, United States Code; and (2)up to one-half of 1 percent of the amounts made available for this program for the administration and operations of the Federal Highway Administration. (f)

Cost share

(1)

In general

For funds made available from this program, the Federal share shall be determined in accordance with section 120 of title 23, United States Code. (2)

Local, off-system bridge

For funding for a project used on an off-system bridge that is owned by a local government or Tribe, the Federal share shall be 100 percent.

(b)

Clerical amendment

The analysis for chapter 1 of title 23, United States Code, is amended by adding at the end the following:

180. Strengthening bridges formula program.

Highway safety improvement program

(a)

Local safety set-Aside

Section 148 of title 23, United States Code, is amended by— (1) redesignating subsections (d), (e), (f), (g), (h), (i), (j), (k), and (l) as subsections (e), (f), (g), (h), (i), (j), (k), (l), and (m), respectively; (2) inserting after subsection (c) the following:

(d)

Allocations of apportioned funds based on population

(1)

Calculation

Of the funds apportioned to a State under section 104(b)(3)— (A) 25 percent for each of fiscal years 2027 through 2031 shall be obligated under this section, in proportion to their relative shares of the population of the State— (i) in urbanized areas of the State with an urbanized area population of over 200,000; (ii) in urbanized areas of the State with an urbanized area population of not less than 50,000 and not more than 200,000; (iii) in urban areas of the State with a population not less than 5,000 and not more than 49,999; and (iv) in other areas of the State with a population less than 5,000; and (B) the remainder may be obligated in any area of the State. (2)

Project selection

A State shall only obligate funding under this section for— (A) in areas of more than 50,000, projects that have been included on the Transportation Improvement Program for the metropolitan planning organization representing that area; (B) in areas under 50,000 that are covered by a regional transportation planning organization, projects that are identified in cooperation with said regional transportation planning organization; and (C) in areas under 50,000 that are not covered by a regional transportation planning organization, projects that are selected in consultation with local governments in that area. (3)

Consultation

In order to facilitate better consultation with local governments to identify eligible projects, the State may work with nonpartisan, statewide organizations representing units of local government and their elected officials. (4)

Applicability of planning requirements

Programming and expenditure of funds for projects under this section shall be consistent with sections 134 and 135 of title 23, United States Code.

;

(3) in subsection (f)(1)(B), as so redesignated, by striking subsection (g) and inserting subsection (h); and (4) in subsection (h)(1), as so redesignated, by striking subsection (f) and inserting subsection (g). (b)

Included project

Section 148(a)(4) of title 23, United States Code, is amended by inserting after subparagraph (xxix) the following:

(xxx) Any project that was eligible for funding under section 24112 of the Infrastructure Investment and Jobs Act (23 U.S.C. 402 note).

Transferability

Section 126 of title 23, United States Code, is amended— (1) in paragraph (a) by replacing subject to subsection (b) with subject to subsections (b) and (c); (2)in paragraph (b)(1) by replacing 104(d) and 133(d)(1)(A) with 104(d), 133(d)(1)(A), 135(n), 148(d)(1)(A), 175(e)(1)(A), and 180(c)(1)(A); and (3)by inserting after paragraph (b) the following—

(c)

Safety funding

Before transferring any funding apportioned under section 104(b)(3), a State shall make those funds available to local governments and regional planning organizations through a competitive process. (1)

In general

Projects funded through this process must meet the requirements for funding under Section 104(b)(3) as outlined in section 148 of title 23, United States Code. (2)

Open and fair competition

Only after the Secretary has certified that the State has held an open and fair competition for the funds under 104(b)(3) shall a State be able to transfer them under subsection (a) of this section.

Project selection

It is the sense of Congress that— (1) States should obligate all funds appropriated under section 133(d)(1)(A), section 148(d)(1)(A), section 175(e), and section 180(c)(1)(A) of title 23, United States Code, of this Act to locally selected projects; and (2) the Secretary, in partnership with the Administrator of the Federal Highway Administration, should work with States to ensure that the local consultation and coordination processes established under title 23, United States Code, are followed.

Metropolitan planning

(a)

Eliminating local match

Section 120(c) of title 23, United States Code, is amended by adding at the end the following:

(5)

Metropolitan planning funds

The Federal share payable for activities authorized by section 134 of title 23 and apportioned under section 104(b)(6) of title 23 shall be 100 percent.

(b)

Enhanced planning for faster project delivery

Section 134 of title 23, United States Code, is amended by— (1) inserting at the end:

(s)

Additional uses of metropolitan planning funding

In addition to carrying out the purposes of this section, funds provided to States and metropolitan planning organizations as apportioned under section 104 may be used for— (1) fiscal administration of local projects; (2) preliminary design; (3) administrative and overhead costs, general operating expenses, and facilities and infrastructure costs; (4) local technical assistance; (5) housing studies directly linked to transportation; (6) economic development studies directly linked to transportation; and (7) critical data procurement.

;

(2) striking subsection (p) and inserting the following:

(p)

Funding

(1)

In general

Funds apportioned under section 104(b)(6) or section 5305(g) of title 49 shall be available to carry out this section. (2)

Direct recipient status

Not less than 180 days after the passage of this Act, the Secretary shall establish a process whereby a metropolitan planning agency may qualify to become direct recipient of Federal funding, such process shall— (A) be restricted to determining the technical and financial capabilities for an metropolitan planning organization to receive and be able to appropriately manage Federal funding and funding requirements; and (B) occur concurrently to the recertification process through which metropolitan planning organizations have their abilities reconfirmed under this section. (3)

Suballocation of Federal planning funds

When the Secretary annually apportions funds to States under section 104(b)(6), the Secretary shall directly sub-allocate obligation authority and all associated responsibilities to metropolitan planning organizations that have become direct recipients for funding allocated under 104(b)(6) of this title or section 5305(g) of title 49, United States Code.

(c)

Federal transparency

The Secretary shall give the same access to Federal-aid financial management systems to metropolitan planning organizations that it provides to State Departments of Transportation.

10.

Rural transportation planning

Section 135 of title 23, United States Code, is amended by adding at the end the following:

(n)

Regional transportation planning funding

(1)

In general

Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program to provide assistance to States to support regional transportation planning organizations and regional entities responsible for transportation planning or economic development planning in nonmetropolitan areas of the State in carrying out the duties contained in subsection (m) of this section. (2)

Use of funds

Funds made available to States under section 104(b)(9) of this title shall be utilized to— (A) provide direct funding to federally designated regional transportation planning organizations to enable them to carry out the duties contained in paragraph (m)(4) of this section; and (B)undertake activities, including the establishment of State-based pilot programs, to provide assistance to regional entities responsible for transportation planning or economic development planning in nonmetropolitan areas of the State to— (i) increase the organizations understanding of statewide transportation planning requirements; (ii)provide technical assistance in building organizational capacity and developing transportation planning expertise necessary to develop multimodal long-range transportation plans; (iii)strengthening rural partnerships and collaboration; (iv)enhance project prioritization and delivery; (v)improve the overall statewide transportation planning process and respond to nonmetropolitan needs; and (vi)secure Federal designation of regional transportation planning organizations. (3)

Eligible recipients

Funding made available to States under section 104(b)(9) of this title shall be made available to— (A)regional transportation planning organization organizations as defined under section 134 (b)(5); and (B)regional entities responsible for transportation planning or economic development planning in nonmetropolitan areas of the State. (4)

Distribution of funds within States

(A)

In general

The amounts made available to States to carry out this program under section 104(b)(9) of this title shall be distributed within the State— (i) among all federally designated regional transportation planning organization through a formula developed by the State; and (ii) to non-federally designated regional entities responsible for transportation planning or economic development planning in nonmetropolitan areas of the State through a grant process allowing regional entities to submit proposals for funding that achieve the objectives of this subsection. (B)

Secretarial approval

Both the formula distribution developed by a State under clause (i) of this paragraph and the grant process undertaken by a State under clause (ii) of this paragraph shall be approved by the Secretary. (C)

Minimum allocation

States receiving funding under this paragraph shall provide each federally designated regional transportation planning organization not less than $300,000 in fiscal years 2027 through 2031 to carry out this subsection. (5)

Federal share

The Federal share payable on activities carried out with funds provided under this program shall be 100 percent.