[Congressional Record Volume 158, Number 22 (Thursday, February 9, 2012)]
[Senate]
[Pages S423-S485]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY ACT
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:
A bill (S. 1813) to reauthorize Federal-aid highway and
highway safety construction programs, and for other purposes.
The Senate proceeded to consider the bill (S. 1813) to reauthorize
Federal-aid highway and highway safety construction programs, and for
other purposes, which had been reported from the Committee on
Environment and Public Works, with amendments; as follows:
(The parts of the bill intended to be stricken are shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italics.)
S. 1813
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Moving
Ahead for Progress in the 21st Century Act'' or the ``MAP-
21''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Definitions.
Sec. 1104. National highway system.
Sec. 1105. Apportionment.
Sec. 1106. National highway performance program.
Sec. 1107. Emergency relief.
Sec. 1108. Transportation mobility program.
Sec. 1109. Workforce development.
Sec. 1110. Highway use tax evasion projects.
Sec. 1111. National bridge and tunnel inventory and inspection
standards.
Sec. 1112. Highway safety improvement program.
Sec. 1113. Congestion mitigation and air quality improvement program.
Sec. 1114. Territorial and Puerto Rico highway program.
Sec. 1115. National freight program.
Sec. 1116. Federal lands and tribal transportation programs.
Sec. 1117. Alaska Highway.
Sec. 1118. Projects of national and regional significance.
Subtitle B--Performance Management
Sec. 1201. Metropolitan transportation planning.
Sec. 1202. Statewide and nonmetropolitan transportation planning.
Sec. 1203. National goals.
Subtitle C--Acceleration of Project Delivery
Sec. 1301. Project delivery initiative.
Sec. 1302. Clarified eligibility for early acquisition activities prior
to completion of NEPA review.
Sec. 1303. Efficiencies in contracting.
Sec. 1304. Innovative project delivery methods.
Sec. 1305. Assistance to affected State and Federal agencies.
Sec. 1306. Application of categorical exclusions for multimodal
projects.
Sec. 1307. State assumption of responsibilities for categorical
exclusions.
Sec. 1308. Surface transportation project delivery program.
Sec. 1309. Categorical exclusion for projects within the right-of-way.
Sec. 1310. Programmatic agreements and additional categorical
exclusions.
Sec. 1311. Accelerated decisionmaking in environmental reviews.
Sec. 1312. Memoranda of agency agreements for early coordination.
Sec. 1313. Accelerated decisionmaking.
Sec. 1314. Environmental procedures initiative.
Sec. 1315. Alternative relocation payment demonstration program.
Sec. 1316. Review of Federal project and program delivery.
Subtitle D--Highway Safety
Sec. 1401. Jason's Law.
Sec. 1402. Open container requirements.
Sec. 1403. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 1404. Adjustments to penalty provisions.
Sec. 1405. Highway worker safety.
Subtitle E--Miscellaneous
Sec. 1501. Program efficiencies.
Sec. 1502. Project approval and oversight.
Sec. 1503. Standards.
Sec. 1504. Construction.
Sec. 1505. Maintenance.
Sec. 1506. Federal share payable.
Sec. 1507. Transferability of Federal-aid highway funds.
Sec. 1508. Special permits during periods of national emergency.
Sec. 1509. Electric vehicle charging stations.
Sec. 1510. HOV facilities.
Sec. 1511. Construction equipment and vehicles.
Sec. 1512. Use of debris from demolished bridges and overpasses.
Sec. 1513. Extension of public transit vehicle exemption from axle
weight restrictions.
Sec. 1514. Uniform Relocation Assistance Act amendments.
Sec. 1515. Use of youth service and conservation corps.
Sec. 1516. Consolidation of programs; repeal of obsolete provisions.
Sec. 1517. Rescissions.
Sec. 1518. State autonomy for culvert pipe selection.
Sec. 1519. Effective and significant performance measures.
Sec. 1520. Requirements for eligible bridge projects.
TITLE II--RESEARCH AND EDUCATION
Subtitle A--Funding
Sec. 2101. Authorization of appropriations.
Subtitle B--Research, Technology, and Education
Sec. 2201. Research, technology, and education.
Sec. 2202. Surface transportation research, development, and
technology.
Sec. 2203. Research and technology development and deployment.
Sec. 2204. Training and education.
Sec. 2205. State planning and research.
Sec. 2206. International highway transportation program.
Sec. 2207. Surface transportation environmental cooperative research
program.
Sec. 2208. National cooperative freight research.
Sec. 2209. University transportation centers program.
Sec. 2210. Bureau of transportation statistics.
Sec. 2211. Administrative authority.
Sec. 2212. Transportation research and development strategic planning.
Sec. 2213. National electronic vehicle corridors and recharging
infrastructure network.
Subtitle C-- [Funding]Intelligent Transportation Systems Research
Sec. 2301. Use of funds for ITS activities.
Sec. 2302. Goals and purposes.
Sec. 2303. General authorities and requirements.
Sec. 2304. Research and development.
Sec. 2305. National architecture and standards.
Sec. 2306. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment.
TITLE III--AMERICA FAST FORWARD FINANCING INNOVATION
Sec. 3001. Short title.
Sec. 3002. Transportation Infrastructure Finance and Innovation Act
amendments.
Sec. 3003. State infrastructure banks.
TITLE IV--HIGHWAY SPENDING CONTROLS
Sec. 4001. Highway spending controls.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Department.--The term ``Department'' means the
Department of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United
States Code, the transportation mobility program under
section 133 of that title, the highway safety improvement
program under section 148 of that title, the congestion
mitigation and air quality improvement program under section
149 of that title, the national freight program under section
167 of that title, and to carry out section 134 of that
title--
(A) $39,143,000,000 for fiscal year 2012; and
(B) $39,806,000,000 for fiscal year 2013.
[[Page S424]]
(2) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6
of title 23, United States Code, $1,000,000,000 for each of
fiscal years 2012 and 2013.
(3) Federal lands and tribal transportation programs.--
(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23, United
States Code, $450,000,000 for each of fiscal years 2012 and
2013.
(B) Federal lands transportation program.--For the Federal
lands transportation program under section 203 of title 23,
United States Code, $300,000,000 for each of fiscal years
2012 and 2013, of which $260,000,000 of the amount made
available for each fiscal year shall be the amount for the
National Park Service and the United States Fish and Wildlife
Service.
(C) Federal lands access program.--For the Federal lands
access program under section 204 of title 23, United States
Code, $250,000,000 for each of fiscal years 2012 and 2013.
(4) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165
of title 23, United States Code, $180,000,000 for each of
fiscal years 2012 and 2013.
(b) Disadvantaged Business Enterprises.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--
(i) In general.--The term ``small business concern'' means
a small business concern (as the term is used in section 3 of
the Small Business Act (15 U.S.C. 632)).
(ii) Exclusions.--The term ``small business concern'' does
not include any concern or group of concerns controlled by
the same socially and economically disadvantaged individual
or individuals that have average annual gross receipts during
the preceding 3 fiscal years in excess of $22,410,000, as
adjusted annually by the Secretary for inflation.
(B) Socially and economically disadvantaged individuals.--
The term ``socially and economically disadvantaged
individuals'' means--
(i) women; and
(ii) any other socially and economically disadvantaged
individuals (as the term is used in section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) and relevant subcontracting
regulations promulgated pursuant to that Act).
(2) Amounts for small business concerns.--Except to the
extent that the Secretary determines otherwise, not less than
10 percent of the amounts made available for any program
under titles I, II, and III of this Act and section 403 of
title 23, United States Code, shall be expended through small
business concerns owned and controlled by socially and
economically disadvantaged individuals.
(3) Annual listing of disadvantaged business enterprises.--
Each State shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (2) in the State, including
the location of the small business concerns in the State; and
(B) notify the Secretary, in writing, of the percentage of
the small business concerns that are controlled by--
(i) women;
(ii) socially and economically disadvantaged individuals
(other than women); and
(iii) individuals who are women and are otherwise socially
and economically disadvantaged individuals.
(4) Uniform certification.--
(A) In general.--The Secretary shall establish minimum
uniform criteria for use by State governments in certifying
whether a concern qualifies as a small business concern for
the purpose of this subsection.
(B) Inclusions.--The minimum uniform criteria established
under subparagraph (A) shall include, with respect to a
potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of principal owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(5) Reporting.--The Secretary shall establish minimum
requirements for use by State governments in reporting to the
Secretary--
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary determines to
be appropriate for the proper monitoring of the disadvantaged
business enterprise program.
(6) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an individual or entity
to receive funds made available under titles I, II, and III
of this Act and section 403 of title 23, United States Code,
if the entity or person is prevented, in whole or in part,
from complying with paragraph (2) because a Federal court
issues a final order in which the court finds that a
requirement or the implementation of paragraph (2) is
unconstitutional.
SEC. 1102. OBLIGATION CEILING.
(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations
for Federal-aid highway and highway safety construction
programs shall not exceed--
(1) $41,564,000,000 for fiscal year 2012; and
(2) $42,227,000,000 for fiscal year 2013.
(b) Exceptions.--The limitations under subsection (a) shall
not apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(10) section 105 of title 23, United States Code (but, for
each of fiscal years 2005 through 2011, only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2012 through 2013, only in an amount
equal to $639,000,000 for each of those fiscal years).
(c) Distribution of Obligation Authority.--For each of
fiscal years 2012 through 2013, the Secretary--
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway
and highway safety construction programs for previous fiscal
years the funds for which are allocated by the Secretary;
(3) shall determine the proportion that--
(A) the obligation authority provided by subsection (a) for
the fiscal year, less the aggregate of amounts not
distributed under paragraphs (1) and (2) of this subsection;
bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for the fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed
under paragraphs (1) and (2), for each of the programs that
are allocated by the Secretary under this Act and title 23,
United States Code (other than to programs to which paragraph
(1) applies), by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed
under paragraphs (1) and (2) and the amounts distributed
under paragraph (4), for Federal-aid highway and highway
safety construction programs that are apportioned by the
Secretary under title 23, United States Code (other than the
amounts apportioned for the national highway performance
program in section 119 of title 23, United States Code, that
are exempt from the limitation under subsection (b)(12)) in
the proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for the fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for the fiscal year.
(d) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (c),
[[Page S425]]
the Secretary shall, after August 1 of each of fiscal years
2012 through 2013--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of this Act) and 104 of title 23, United States
Code.
(e) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2),
obligation limitations imposed by subsection (a) shall apply
to contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code; and
(B) title II of this Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(f) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation authority under subsection (c) for
each of fiscal years 2012 through 2013, the Secretary shall
distribute to the States any funds that--
(A) are authorized to be appropriated for the fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States, and will not be available for obligation, for the
fiscal year because of the imposition of any obligation
limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (c)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(c) of title 23, United States Code.
SEC. 1103. DEFINITIONS.
(a) Definitions.--Section 101(a) of title 23, United States
Code, is amended--
(1) by striking paragraphs (6), (7), (9), (12), (19), (20),
(24), (25), (26), (28), (38), and (39);
(2) by redesignating paragraphs (2), (3), (4), (5), (8),
(13), (14), (15), (16), (17), (18), (21), (22), (23), (27),
(29), (30), (31), (32), (33), (34), (35), (36), and (37) as
paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15),
(16), (17), (18), (19), (20), (21), (22), (23), (24), (25),
(26), (28), (29), (33), and (34), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Asset management.--The term `asset management' means
a strategic and systematic process of operating, maintaining,
and improving physical assets, with a focus on both
engineering and economic analysis based upon quality
information, to identify a structured sequence of
maintenance, preservation, repair, rehabilitation, and
replacement actions that will achieve and sustain a desired
state of good repair over the lifecycle of the assets at
minimum practicable cost.'';
(4) in paragraph (4) (as redesignated by paragraph (2))--
(A) in the matter preceding subparagraph (A), by inserting
``or any project eligible for assistance under this title''
after ``of a highway'';
(B) by striking subparagraph (A) and inserting the
following:
``(A) preliminary engineering, engineering, and design-
related services directly relating to the construction of a
highway project, including engineering, design, project
development and management, construction project management
and inspection, surveying, mapping (including the
establishment of temporary and permanent geodetic control in
accordance with specifications of the National Oceanic and
Atmospheric Administration), and architectural-related
services;'';
(C) in subparagraph (B)--
(i) by inserting ``reconstruction,'' before
``resurfacing''; and
(ii) by striking ``and rehabilitation'' and inserting
``rehabilitation, and preservation'';
(D) in subparagraph (E) by striking ``railway'' and
inserting ``railway-highway''; and
(E) in subparagraph (F) by striking ``obstacles'' and
inserting ``hazards''.
(5) in paragraph (6) (as so redesignated)--
(A) by inserting ``public'' before ``highway eligible'';
and
(B) by inserting ``functionally'' before ``classified'';
(6) by inserting after paragraph (6) (as so redesignated)
the following:
``(7) Federal lands access transportation facility.--The
term `Federal Lands access transportation facility' means a
public highway, road, bridge, trail, or transit system that
is located on, is adjacent to, or provides access to Federal
lands for which title or maintenance responsibility is vested
in a State, county, town, township, tribal, municipal, or
local government.
``(8) Federal lands transportation facility.--The term
`Federal lands transportation facility' means a public
highway, road, bridge, trail, or transit system that is
located on, is adjacent to, or provides access to Federal
lands for which title and maintenance responsibility is
vested in the Federal Government, and that appears on the
national Federal lands transportation facility inventory
described in section 203(c).'';
(7) in paragraph (11)(B) by inserting ``including public
roads on dams'' after ``drainage structure'';
(8) in paragraph (14) (as so redesignated)--
(A) by striking ``as a'' and inserting ``as an air
quality''; and
(B) by inserting ``air quality'' before ``attainment
area'';
(9) in paragraph (18) (as so redesignated) by striking ``an
undertaking to construct a particular portion of a highway,
or if the context so implies, the particular portion of a
highway so constructed or any other undertaking'' and
inserting ``any undertaking'';
(10) in paragraph (19) (as so redesignated)--
(A) by striking ``the State transportation department
and''; and
(B) by inserting ``and the recipient'' after ``Secretary'';
(11) by striking paragraph (23) (as so redesignated) and
inserting the following:
``(23) Safety improvement project.--The term `safety
improvement project' means a strategy, activity, or project
on a public road that is consistent with the State strategic
highway safety plan and corrects or improves a roadway
feature that constitutes a hazard to road users or addresses
a highway safety problem.'';
(12) by inserting after paragraph (26) (as so redesignated)
the following:
``(27) State strategic highway safety plan.--The term
`State strategic highway safety plan' has the same meaning
given such term in section 148(a).'';
(13) by striking paragraph (29) (as so redesignated) and
inserting the following:
``(29) Transportation enhancement activity.--The term
`transportation enhancement activity' means any of the
following activities when carried out as part of any program
or project authorized or funded under this title, or as an
independent program or project related to surface
transportation:
``(A) Provision of facilities for pedestrians and bicycles.
``(B) Provision of safety and educational activities for
pedestrians and bicyclists.
``(C) Acquisition of scenic easements and scenic or
historic sites.
``(D) Scenic or historic highways and bridges.
``(E) Vegetation management practices in transportation
rights-of-way and other activities eligible under section
319.
``(F) Historic preservation, rehabilitation, and operation
of historic transportation buildings, structures, or
facilities.
``(G) Preservation of abandoned railway corridors,
including the conversion and use of the corridors for
pedestrian or bicycle trails.
``(H) Inventory, control, and removal of outdoor
advertising.
``(I) Archaeological planning and research.
``(J) Any environmental mitigation activity, including
pollution prevention and pollution abatement activities and
mitigation to--
``(i) [to] address stormwater management, control, and
water pollution prevention or abatement related to highway
construction or due to highway runoff, including activities
described in sections 133(b)(11), 328(a), and 329; or
``(ii) reduce vehicle-caused wildlife mortality or to
restore and maintain connectivity among terrestrial or
aquatic habitats.''; and
(14) by inserting after paragraph (29) (as so redesignated)
the following:
``(30) Transportation systems management and operations.--
``(A) In general.--The term `transportation systems
management and operations' means integrated strategies to
optimize the performance of existing infrastructure through
the implementation of multimodal and intermodal, cross-
jurisdictional systems, services, and projects designed to
preserve capacity and improve security, safety, and
reliability of the transportation system.
``(B) Inclusions.--The term `transportation systems
management and operations' includes--
``(i) actions such as traffic detection and surveillance,
corridor management, freeway management, arterial management,
active transportation and demand management, work zone
management, emergency management, traveler information
services, congestion pricing, parking management, automated
enforcement, traffic control, commercial vehicle operations,
freight management, and coordination of highway, rail,
transit, bicycle, and pedestrian operations; and
``(ii) coordination of the implementation of regional
transportation system management and operations investments
(such as traffic incident management, traveler information
services, emergency management, roadway weather management,
intelligent transportation systems, communication networks,
and information sharing systems) requiring agreements,
integration, and interoperability to achieve targeted system
performance, reliability, safety, and customer service
levels.
``(31) Tribal transportation facility.--The term `tribal
transportation facility' means a public highway, road,
bridge, trail, or transit system that is located on or
provides access to tribal land and appears on the national
tribal transportation facility inventory described in section
202(b)(1).
[[Page S426]]
``(32) Truck stop electrification system.--The term `truck
stop electrification system' means a system that delivers
heat, air conditioning, electricity, or communications to a
heavy-duty vehicle.''.
(b) Sense of Congress.--Section 101(c) of title 23, United
States Code, is amended by striking ``system'' and inserting
``highway''.
SEC. 1104. NATIONAL HIGHWAY SYSTEM.
(a) In General.--Section 103 of title 23, United States
Code, is amended to read as follows:
``Sec. 103. National highway system
``(a) In General.--For the purposes of this title, the
Federal-aid system is the National Highway System, which
includes the Interstate System.
``(b) National Highway System.--
``(1) Description.--The National Highway System consists of
the highway routes and connections to transportation
facilities that shall--
``(A) serve major population centers, international border
crossings, ports, airports, public transportation facilities,
and other intermodal transportation facilities and other
major travel destinations;
``(B) meet national defense requirements; and
``(C) serve interstate and interregional travel and
commerce.
``(2) Components.--The National Highway System described in
paragraph (1) consists of the following:
``(A) The National Highway System depicted on the map
submitted by the Secretary of Transportation to Congress with
the report entitled `Pulling Together: The National Highway
System and its Connections to Major Intermodal Terminals' and
dated May 24, 1996, and modifications approved by the
Secretary before the date of enactment of the MAP-21.
``(B) Other urban and rural principal arterial routes, and
border crossings on those routes, that were not included on
the National Highway System before the date of enactment of
the MAP-21.
[``(C) Other connector highways (including toll facilities)
that provide motor vehicle access between arterial routes on
the National Highway System and a major intermodal
transportation facility that was not included on the National
Highway System before the date of enactment of the MAP-21.]
``(C) Other connector highways (including toll facilities)
that were not included in the National Highway System before
the date of enactment of the MAP-21 but that provide motor
vehicle access between arterial routes on the National
Highway System and a major intermodal transportation
facility.
``(D) A strategic highway network that--
``(i) consists of a network of highways that are important
to the United States strategic defense policy, that provide
defense access, continuity, and emergency capabilities for
the movement of personnel, materials, and equipment in both
peacetime and wartime, and that were not included on the
National Highway System before the date of enactment of the
MAP-21;
``(ii) may include highways on or off the Interstate
System; and
``(iii) shall be designated by the Secretary, in
consultation with appropriate Federal agencies and the
States.
``(E) Major strategic highway network connectors that--
``(i) consist of highways that provide motor vehicle access
between major military installations and highways that are
part of the strategic highway network but were not included
on the National Highway System before the date of enactment
of the MAP-21; and
``(ii) shall be designated by the Secretary, in
consultation with appropriate Federal agencies and the
States.
``(3) Modifications to nhs.--
``(A) In general.--The Secretary may make any modification,
including any modification consisting of a connector to a
major intermodal terminal, to the National Highway System
that is proposed by a State if the Secretary determines that
the modification--
``(i) meets the criteria established for the National
Highway System under this title after the date of enactment
of the MAP-21; and
``(ii) enhances the national transportation characteristics
of the National Highway System.
``(B) Cooperation.--
``(i) In general.--In proposing a modification under this
paragraph, a State shall cooperate with local and regional
officials.
``(ii) Urbanized areas.--In an urbanized area, the local
officials shall act through the metropolitan planning
organization designated for the area under section 134.
``(c) Interstate System.--
``(1) Description.--
``(A) In general.--The Dwight D. Eisenhower National System
of Interstate and Defense Highways within the United States
(including the District of Columbia and Puerto Rico) consists
of highways designed, located, and selected in accordance
with this paragraph.
``(B) Design.--
``(i) In general.--Except as provided in clause (ii),
highways on the Interstate System shall be designed in
accordance with the standards of section 109(b).
``(ii) Exception.--Highways on the Interstate System in
Alaska and Puerto Rico shall be designed in accordance with
such geometric and construction standards as are adequate for
current and probable future traffic demands and the needs of
the locality of the highway.
``(C) Location.--Highways on the Interstate System shall be
located so as--
``(i) to connect by routes, as direct as practicable, the
principal metropolitan areas, cities, and industrial centers;
``(ii) to serve the national defense; and
``(iii) to the maximum extent practicable, to connect at
suitable border points with routes of continental importance
in Canada and Mexico.
``(D) Selection of routes.--To the maximum extent
practicable, each route of the Interstate System shall be
selected by joint action of the State transportation
departments of the State in which the route is located and
the adjoining States, in cooperation with local and regional
officials, and subject to the approval of the Secretary.
``(2) Maximum mileage.--The mileage of highways on the
Interstate System shall not exceed 43,000 miles, exclusive of
designations under paragraph (4).
``(3) Modifications.--The Secretary may approve or require
modifications to the Interstate System in a manner consistent
with the policies and procedures established under this
subsection.
``(4) Interstate system designations.--
``(A) Additions.--If the Secretary determines that a
highway on the National Highway System meets all standards of
a highway on the Interstate System and that the highway is a
logical addition or connection to the Interstate System, the
Secretary may, upon the affirmative recommendation of the
State or States in which the highway is located, designate
the highway as a route on the Interstate System.
``(B) Designations as future interstate system routes.--
``(i) In general.--Subject to clauses (ii) through (vi), if
the Secretary determines that a highway on the National
Highway System would be a logical addition or connection to
the Interstate System and would qualify for designation as a
route on the Interstate System under subparagraph (A) if the
highway met all standards of a highway on the Interstate
System, the Secretary may, upon the affirmative
recommendation of the State or States in which the highway is
located, designate the highway as a future Interstate System
route.
``(ii) Written agreement.--A designation under clause (i)
shall be made only upon the written agreement of each State
described in that clause that the highway will be constructed
to meet all standards of a highway on the Interstate System
by not later than the date that is 25 years after the date of
the agreement.
``(iii) Failure to complete construction.--If a State
described in clause (i) has not substantially completed the
construction of a highway designated under this subparagraph
by the date specified in clause (ii), the Secretary shall
remove the designation of the highway as a future Interstate
System route.
``(iv) Effect of removal.--Removal of the designation of a
highway under clause (iii) shall not preclude the Secretary
from designating the highway as a route on the Interstate
System under subparagraph (A) or under any other provision of
law providing for addition to the Interstate System.
``(v) Retroactive effect.--An agreement described in clause
(ii) that is entered into before August 10, 2005, shall be
deemed to include the 25-year time limitation described in
that clause, regardless of any earlier construction
completion date in the agreement.
``(vi) References.--No law, rule, regulation, map,
document, or other record of the United States, or of any
State or political subdivision of a State, shall refer to any
highway designated as a future Interstate System route under
this subparagraph, and no such highway shall be signed or
marked, as a highway on the Interstate System, until such
time as the highway--
``(I) is constructed to the geometric and construction
standards for the Interstate System; and
``(II) has been designated as a route on the Interstate
System.
``(C) Financial responsibility.--Except as provided in this
title, the designation of a highway under this paragraph
shall create no additional Federal financial responsibility
with respect to the highway.
``(5) Exemption of interstate system.--
``(A) In general.--Except as provided in subparagraph (B),
the Interstate System shall not be considered to be a
historic site under section 303 of title 49 or section 138 of
this title, regardless of whether the Interstate System or
portions or elements of the Interstate System are listed on,
or eligible for listing on, the National Register of Historic
Places.
``(B) Individual elements.--Subject to subparagraph (C)--
``(i) the Secretary shall determine, through the
administrative process established for exempting the
Interstate System from section 106 of the National Historic
Preservation Act (16 U.S.C. 470f), those individual elements
of the Interstate System that possess national or exceptional
historic significance (such as a historic bridge or a highly
significant engineering feature); and
``(ii) those elements shall be considered to be historic
sites under section 303 of title 49 or section 138 of this
title, as applicable.
``(C) Construction, maintenance, restoration, and
rehabilitation activities.--Subparagraph (B) does not
prohibit a State
[[Page S427]]
from carrying out construction, maintenance, preservation,
restoration, or rehabilitation activities for a portion of
the Interstate System referred to in subparagraph (B) upon
compliance with section 303 of title 49 or section 138 of
this title, as applicable, and section 106 of the National
Historic Preservation Act (16 U.S.C. 470f).''.
[``(d) Operation of Conventional Combination Vehicles on
the National Highway System.--
``(1) Definition of conventional combination vehicles.--In
this subsection, the term `conventional combination vehicles'
means--
``(A) truck-tractor or semi-trailer combinations with semi-
trailers up to 53 feet in length and 102 inches in width;
``(B) truck-tractor, semi-trailer, or trailer combinations
with each semi-trailer and trailer up to 28.5 feet in length
and 102 inches in width; and
``(C) drive-away saddlemount combinations, not to exceed 97
feet in overall length, with up to 3 truck tractors, with or
without a full mount, towed by a truck tractor.
``(2) National network.--The National Network designated
under the Surface Transportation Assistance Act of 1982
(Public Law 97-424; 96 Stat. 2119) is repealed.
``(3) Operation of conventional combination vehicles.--
``(A) Requirement.--Conventional combination vehicles shall
be permitted to operate in all States on all segments of the
National Highway System other than segments--
``(i) that were open to traffic on the date of enactment of
the MAP-21; and
``(ii) on which all nonpassenger commercial motor vehicles
are banned on the date of enactment of the MAP-21.
``(B) Restrictions.--A State may request temporary or
permanent restrictions on the operation of conventional
combination vehicles, subject to approval by the Secretary,
based on safety considerations, geometric constraints, work
zones, weather, or traffic management requirements of special
events or emergencies.
``(C) Reasonable access.--Conventional combination vehicles
shall be given reasonable access, by the most reasonable,
practicable, and safe route available, subject to review by
the Secretary--
``(i) between the National Highway System and facilities
for food, fuel, and rest within 1 mile of the National
Highway System; and
``(ii) to terminal locations for the unloading and loading
of cargo.''.
(b) Conforming Amendments.--]
(b) Inclusion of Certain Route Segments on Interstate
System.--
(1) In general.--Section 1105(e)(5)(A) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2032; 109 Stat. 597) is amended by striking ``and subsections
(c)(18) and (c)(20)'' and inserting ``, in subsections
(c)(18) and (c)(20), and in subparagraphs (A)(iii) and (B) of
subsection (c)(26)''.
(2) Route designation.--Section 1105(e)(5)(C)(i) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2032; 109 Stat. 598) is amended by adding at the end
the following: ``The routes referred to subparagraphs
(A)(iii) and (B)(i) of subsection (c)(26) are designated as
Interstate Route I-11.''.
(c) Conforming Amendments.--
(1) Analysis.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating
to section 103 and inserting the following:
``103. National highway system.''.
(2) Section 113.--Section 113 of title 23, United States
Code, is amended--
(A) in subsection (a) by striking ``the Federal-aid
systems'' and inserting ``Federal-aid highways''; and
(B) in subsection (b), in the first sentence, by striking
``of the Federal-aid systems'' and inserting ``Federal-aid
highway''.
(3) Section 123.--Section 123(a) of title 23, United States
Code, is amended in the first sentence by striking ``Federal-
aid system'' and inserting ``Federal-aid highway''.
(4) Section 217.--Section 217(b) of title 23, United States
Code, is amended in the subsection heading by striking
``National Highway System'' and inserting ``National Highway
Performance Program''.
(5) Section 304.--Section 304 of title 23, United States
Code, is amended in the first sentence by striking ``the
Federal-aid highway systems'' and inserting ``Federal-aid
highways''.
(6) Section 317.--Section 317(d) of title 23, United States
Code is amended by striking ``system'' and inserting
``highway''.
SEC. 1105. APPORTIONMENT.
(a) In General.--Section 104 of title 23, United States
Code, is amended to read as follows:
``Sec. 104. Apportionment
``(a) Administrative Expenses.--
``(1) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to be made available to the Secretary for
administrative expenses of the Federal Highway Administration
$480,000,000 for each of fiscal years 2012 and 2013.
``(2) Purposes.--The amounts authorized to be appropriated
by this subsection shall be used--
``(A) to administer the provisions of law to be funded from
appropriations for the Federal-aid highway program and
programs authorized under chapter 2;
``(B) to make transfers of such sums as the Secretary
determines to be appropriate to the Appalachian Regional
Commission for administrative activities associated with the
Appalachian development highway system; and
``(C) to reimburse, as appropriate, the Office of Inspector
General of the Department of Transportation for the conduct
of annual audits of financial statements in accordance with
section 3521 of title 31.
``(3) Availability.--The amounts made available under
paragraph (1) shall remain available until expended.
``(b) Division of State Apportionments Among Programs.--The
Secretary shall distribute the amount apportioned to a State
for a fiscal year under subsection (c) among the national
highway performance program, the transportation mobility
program, the highway safety improvement program, the
congestion mitigation and air quality improvement program,
and the national freight program, and to carry out section
134 as follows:
``(1) National highway performance program.--For the
national highway performance program, 58 percent of the
amount remaining after distributing amounts under paragraphs
(4) and (6).
``(2) Transportation mobility program.--For the
transportation mobility program, 29.3 percent of the amount
remaining after distributing amounts under paragraphs (4) and
(6).
``(3) Highway safety improvement program.--For the highway
safety improvement program, 7 percent of the amount remaining
after distributing amounts under paragraphs (4) and (6).
``(4) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program, an amount determined by multiplying the
amount determined for the State under subsection (c) by the
proportion that--
``(A) the amount apportioned to the State for the
congestion mitigation and air quality improvement program for
fiscal year 2009, plus 10 percent of the amount apportioned
to the State for the surface transportation program for that
fiscal year; bears to
``(B) the total amount of funds apportioned to the State
for that fiscal year for the programs referred to in section
105(a)(2) (except for the high priority projects program
referred to in section 105(a)(2)(H)), as in effect on the day
before the date of enactment of the MAP-21.
``(5) National freight program.--For the national freight
program, 5.7 percent of the amount remaining after
distributing amounts under paragraphs (4) and (6).
``(6) Metropolitan planning.--To carry out section 134, an
amount determined by multiplying the amount determined for
the State under subsection (c) by the proportion that--
``(A) the amount apportioned to the State to carry out
section 134 for fiscal year 2009; bears to
``(B) the total amount of funds apportioned to the State
for that fiscal year for the programs referred to in section
105(a)(2) (except for the high priority projects program
referred to in section 105(a)(2)(H)), as in effect on the day
before the date of enactment of the MAP-21.
``(c) Calculation of State Amounts.--
``(1) State share.--The amount for each State of combined
apportionments for the national highway performance program
under section 119, the transportation mobility program under
section 133, the highway safety improvement program under
section 148, the congestion mitigation and air quality
improvement program under section 149, the national freight
program under section 167, and to carry out section 134 shall
be determined as follows:
``(A) Initial amount.--The initial amount for each State
shall be determined by multiplying the total amount available
for apportionment by the share for each State which shall be
equal to the proportion that--
``(i) the amount of apportionments and allocations that the
State received for fiscal years 2005 through 2009; bears to
``(ii) the amount of those apportionments and allocations
received by all States for those fiscal years.
``(B) Adjustments to amounts.--The initial amounts
resulting from the calculation under subparagraph (A) shall
be adjusted to ensure that, for each State, the amount of
combined apportionments for the programs shall not be less
than 95 percent of the estimated tax payments attributable to
highway users in the State paid into the Highway Trust Fund
(other than the Mass Transit Account) in the most recent
fiscal year for which data are available.
``(2) State apportionment.--On October 1 of each fiscal
year, the Secretary shall apportion the sum authorized to be
appropriated for expenditure on the national highway
performance program under section 119, the transportation
mobility program under section 133, the highway safety
improvement program under section 148, the congestion
mitigation and air quality improvement program under section
149, the national freight program under section 167, and to
carry out section 134 in accordance with paragraph (1).
``(d) Metropolitan Planning.--
``(1) Use of amounts.--
``(A) Use.--
``(i) In general.--Except as provided in clause (ii), the
amounts apportioned to a State under subsection (b)(6) shall
be made available by the State to the metropolitan planning
organizations responsible for carrying out section 134 in the
State.
``(ii) States receiving minimum apportionment.--A State
that received the minimum
[[Page S428]]
apportionment for use in carrying out section 134 for fiscal
year 2009 may, subject to the approval of the Secretary, use
the funds apportioned under subsection (b)(6) to fund
transportation planning outside of urbanized areas.
``(B) Unused funds.--Any funds that are not used to carry
out section 134 may be made available by a metropolitan
planning organization to the State to fund activities under
section 135.
``(2) Distribution of amounts within states.--
``(A) In general.--The distribution within any State of the
planning funds made available to organizations under
paragraph (1) shall be in accordance with a formula that--
``(i) is developed by each State and approved by the
Secretary; and
``(ii) takes into consideration, at a minimum, population,
status of planning, attainment of air quality standards,
metropolitan area transportation needs, and other factors
necessary to provide for an appropriate distribution of funds
to carry out section 134 and other applicable requirements of
Federal law.
``(B) Reimbursement.--Not later than [10 days] 15 business
days after the date of receipt by a State of a request for
reimbursement of expenditures made by a metropolitan planning
organization for carrying out section 134, the State shall
reimburse, from amounts distributed under this paragraph to
the metropolitan planning organization by the State, the
metropolitan planning organization for those expenditures.
``(3) Determination of population figures.--For the purpose
of determining population figures under this subsection, the
Secretary shall use the latest available data from the
decennial census conducted under section 141(a) of title 13,
United States Code.
``(e) Certification of Apportionments.--
``(1) In general.--The Secretary shall--
``(A) on October 1 of each fiscal year, certify to each of
the State transportation departments the amount that has been
apportioned to the State under this section for the fiscal
year; and
``(B) to permit the States to develop adequate plans for
the use of amounts apportioned under this section, advise
each State of the amount that will be apportioned to the
State under this section for a fiscal year not later than 90
days before the beginning of the fiscal year for which the
sums to be apportioned are authorized.
``(2) Notice to states.--If the Secretary has not made an
apportionment under this section for a fiscal year beginning
after September 30, 1998, by not later than the date that is
the twenty-first day of that fiscal year, the Secretary shall
submit, by not later than that date, to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, a written statement of the reason for
not making the apportionment in a timely manner.
``(3) Apportionment calculations.--
``(A) In general.--The calculation of official
apportionments of funds to the States under this title is a
primary responsibility of the Department and shall be carried
out only by employees (and not contractors) of the
Department.
``(B) Prohibition on use of funds to hire contractors.--
None of the funds made available under this title shall be
used to hire contractors to calculate the apportionments of
funds to States.
``(f) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds for transit projects.--
``(A) In general.--Subject to subparagraph (B), amounts
made available for transit projects or transportation
planning under this title may be transferred to and
administered by the Secretary in accordance with chapter 53
of title 49.
``(B) Non-federal share.--The provisions of this title
relating to the non-Federal share shall apply to the amounts
transferred under subparagraph (A).
``(2) Transfer of transit funds for highway projects.--
``(A) In general.--Subject to subparagraph (B), amounts
made available for highway projects or transportation
planning under chapter 53 of title 49 may be transferred to
and administered by the Secretary in accordance with this
title.
``(B) Non-federal share.--The provisions of chapter 53 of
title 49 relating to the non-Federal share shall apply to
amounts transferred under subparagraph (A).
``(3) Transfer of funds among states or to federal highway
administration.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may, at the request of a State, transfer amounts
apportioned or allocated under this title to the State to
another State, or to the Federal Highway Administration, for
the purpose of funding 1 or more projects that are eligible
for assistance with amounts so apportioned or allocated.
``(B) Apportionment.--The transfer shall have no effect on
any apportionment of amounts to a State under this section.
``(C) Funds suballocated to urbanized areas.--Amounts that
are apportioned or allocated to a State under subsection
(b)(3) (as in effect on the day before the date of enactment
of the MAP-21) or subsection (b)(2) and attributed to an
urbanized area of a State with a population of more than
200,000 individuals under section 133(d) may be transferred
under this paragraph only if the metropolitan planning
organization designated for the area concurs, in writing,
with the transfer request.
``(4) Transfer of obligation authority.--Obligation
authority for amounts transferred under this subsection shall
be transferred in the same manner and amount as the amounts
for the projects [that are transferred under this
subsection.] that are transferred under this section.''
``(g) Report to Congress.--For each fiscal year, the
Secretary shall make available to the public, in a user-
friendly format via the Internet, a report that describes--
``(1) the amount obligated, by each State, for Federal-aid
highways and highway safety construction programs during the
preceding fiscal year;
``(2) the balance, as of the last day of the preceding
fiscal year, of the unobligated apportionment of each State
by fiscal year under this section;
``(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such
highways and programs for the fiscal year; and
``(4) the rates of obligation of funds apportioned or set
aside under this section, according to--
``(A) program;
``(B) funding category of subcategory;
``(C) type of improvement;
``(D) State; and
``(E) sub-State geographical area, including urbanized and
rural areas, on the basis of the population of each such
area.''.
(b) Conforming Amendment.--Section 146(a) of title 23,
United States Code, is amended by striking ``sections
104(b)(l) and 104(b)(3)'' and inserting ``section
104(b)(2)''.
SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
(a) In General.--Section 119 of title 23, United States
Code, is amended to read as follows:
``Sec. 119. National highway performance program
``(a) Establishment.--The Secretary shall establish and
implement a national highway performance program under this
section.
``(b) Purposes.--The purposes of the national highway
performance program shall be--
``(1) to provide support for the condition and performance
of the National Highway System; and
[``(2) to ensure that investments of Federal-aid funds in
highway infrastructure are directed to achievement of
established national performance goals for infrastructure
condition and performance.]
``(2) to ensure that investments of Federal-aid funds in
highway construction are directed to support progress toward
the achievement of performance targets for infrastructure
condition and performance.
``(c) Eligible Facilities.--Except as provided in
subsection (d), to be eligible for funding apportioned under
section 104(b)(1) to carry out this section, a facility shall
be located on the National Highway System, as defined in
section 103.
``(d) Eligible Projects.--Funds apportioned to a State to
carry out the national highway performance program may be
obligated only for a project on an eligible facility that
is--
``(1) a project, or is part of a program of projects,
supporting progress toward the achievement of national
performance goals for improving infrastructure condition,
safety, mobility, or freight movement on the National Highway
System and consistent with sections 134 and 135; and
``(2) for 1 or more of the following purposes:
``(A) Construction, reconstruction, resurfacing,
restoration, rehabilitation, preservation, or operational
improvement of segments of the National Highway System.
``(B) Construction, replacement (including replacement with
fill material), rehabilitation, preservation, and protection
(including scour countermeasures, seismic retrofits, impact
protection measures, security countermeasures, and protection
against extreme events) of bridges on the National Highway
System.
``(C) Construction, replacement (including replacement with
fill material), rehabilitation, preservation, and protection
(including impact protection measures, security
countermeasures, and protection against extreme events) of
tunnels on the National Highway System.
``(D) Inspection and evaluation, as described in section
144, of bridges and tunnels on the National Highway System,
and inspection and evaluation of other highway infrastructure
assets on the National Highway System, including signs and
sign structures, earth retaining walls, and drainage
structures.
``(E) Training of bridge and tunnel inspectors, as
described in section 144.
``(F) Construction, rehabilitation, or replacement of
existing ferry boats and ferry boat facilities, including
approaches, that connect road segments of the National
Highway System.
``(G) Construction, reconstruction, resurfacing,
restoration, rehabilitation, and preservation of, and
operational improvements for, a Federal-aid highway not on
the National Highway System, and construction of a transit
project eligible for assistance under chapter 53 of title 49,
if--
``(i) the highway project or transit project is in the same
corridor as, and in proximity to, a fully access-controlled
highway designated as a part of the National Highway System;
``(ii) the construction or improvements will [enhance the
level of service] reduce
[[Page S429]]
delays or produce travel time savings on the fully access-
controlled highway described in clause (i) and improve
regional traffic flow; and
``(iii) the construction or improvements are more cost-
effective, as determined by benefit-cost analysis, than an
improvement to the fully access-controlled highway described
in clause (i).
``(H) Bicycle transportation and pedestrian walkways in
accordance with section 217.
``(I) Highway safety improvements for segments of the
National Highway System.
``(J) Capital and operating costs for traffic and traveler
information monitoring, management, and control facilities
and programs.
``(K) Development and implementation of a State asset
management plan for the National Highway System in accordance
with this section, including data collection, maintenance,
and integration and the cost associated with obtaining,
updating, and licensing software and equipment required for
risk-based asset management and performance-based management.
``(L) Infrastructure-based intelligent transportation
systems capital improvements.
``(M) Environmental restoration and pollution abatement in
accordance with section 328.
``(N) Control of noxious weeds and aquatic noxious weeds
and establishment of native species in accordance with
section 329.
``(O) In accordance with all applicable Federal law
(including regulations), participation in natural habitat and
wetlands mitigation efforts relating to projects funded under
this title, which may include participation in natural
habitat and wetlands mitigation banks, contributions to
statewide and regional efforts to conserve, restore, enhance,
and create natural habitats and wetlands, and development of
statewide and regional natural habitat and wetlands
conservation and mitigation plans, including any such banks,
efforts, and plans developed in accordance with applicable
Federal law (including regulations), on the conditions that--
``(i) contributions to those mitigation efforts may--
``(I) take place concurrent with or in advance of project
construction; and
``(II) occur in advance of project construction only if the
efforts are consistent with all applicable requirements of
Federal law (including regulations) and State transportation
planning processes; and
``(ii) with respect to participation in a natural habitat
or wetland mitigation effort relating to a project funded
under this title that has an impact that occurs within the
service area of a mitigation bank, preference is given, to
the maximum extent practicable, to the use of the mitigation
bank if the bank contains sufficient available credits to
offset the impact and the bank is approved in accordance with
applicable Federal law (including regulations).
``(e) Limitation on New Capacity.--
``(1) In general.--Except as provided in paragraph (2), the
maximum amount that a State may obligate under this section
for projects under subsection (d)(2)(G) and that is
attributable to the portion of the cost of any project
undertaken to expand the capacity of eligible facilities on
the National Highway System, in a case in which the new
capacity consists of 1 or more new travel lanes that are not
high-occupancy vehicle lanes, shall not, in total, exceed 40
percent of the combined apportionments of a State under
section 104(b)(1) for the most recent 3 consecutive fiscal
years.
``(2) Exception.--Paragraph (1) shall not apply to a
project for the construction of auxiliary lanes and turning
lanes or widening of a bridge during rehabilitation or
replacement to meet current geometric, construction, and
structural standards for the types and volumes of projected
traffic over the design life of the project.
``(f) State Performance Management.--
``(1) In general.--A State shall develop a risk-based asset
management plan for the National Highway System [based on a
process defined by the Secretary to guide effective
investment decisions] to improve or preserve asset condition
and system performance.
``(2) Performance driven plan.--A State asset management
plan shall include strategies leading to a program of
projects that would make progress toward achievement of the
State targets for asset condition and performance of the
National Highway System in accordance with paragraph (5)
[and, to the maximum extent practicable, reflect the] and
supporting the progress toward the achievement of the
national goals identified in section 150.
``(3) Plan contents.--A State asset management plan shall,
at a minimum, be in a form that the Secretary determines to
be appropriate and include--
``(A) a summary listing of the [highway infrastructure]
pavement and bridge assets on the National Highway System in
the State, including a description of the condition of those
assets;
``(B) asset management objectives and measures;
``(C) performance gap identification;
``(D) lifecycle cost and risk management analysis;
``(E) a financial plan; and
``(F) investment strategies.
[``(4) Standards and measures.--Not later than 18 months
after the date of enactment of the MAP-21, the Secretary
shall, by regulation and in consultation with State
departments of transportation and other stakeholders,
establish--
``(A) minimum standards for States to use in developing and
operating pavement management systems and bridge management
systems;
``(B) measures for States to use to assess--
``(i) the condition of pavements on the Interstate system;
``(ii) the condition of pavements on the National Highway
System (excluding the Interstate);
``(iii) the condition of bridges on the National Highway
System;
``(iv) the performance of the Interstate System; and
``(v) the performance of the National Highway System
(excluding the Interstate System);
``(C) the data elements that are necessary to collect and
maintain data, and a standardized process for collection and
sharing of data with appropriate governmental entities at the
Federal, State, and local levels (including metropolitan
planning organizations), to carry out paragraph (5); and
``(D) minimum levels for--
``(i) the condition of pavement on the Interstate System;
and
``(ii) the condition of bridges on the National Highway
System.]
``(4) Standards and measures.--
``(A) In general.--Subject to subparagraph (B), not later
than 18 months after the date of enactment of the MAP-21, the
Secretary shall, in consultation with State departments of
transportation and other stakeholders, establish--
``(i) minimum standards for States to use in developing and
operating pavement management systems and bridge management
systems;
``(ii) measures for States to use to assess--
``(I) the condition of pavements on the Interstate system;
``(II) the condition of pavements on the National Highway
System (excluding the Interstate);
``(III) the condition of bridges on the National Highway
System;
``(IV) the performance of the Interstate System; and
``(V) the performance of the National Highway System
(excluding the Interstate System);
``(iii) the data elements that are necessary to collect and
maintain data, and a standardized process for collection and
sharing of data with appropriate governmental entities at the
Federal, State, and local levels (including metropolitan
planning organizations), to carry out paragraph (5); and
``(iv) minimum levels for--
``(I) the condition of pavement on the Interstate System;
and
``(II) the condition of bridges on the National Highway
System.
``(B) State participation.--In carrying out subparagraph
(A), the Secretary shall--
``(i) provide States not less than 90 days to comment on
any regulation proposed by the Secretary under that
subparagraph; and
``(ii) take into consideration any comments of the States
relating to a proposed regulation received during that
comment period.
``(5) State performance targets.--
``(A) Establishment of targets.--Not later than 1 year
after the date on which the Secretary promulgates final
regulations under paragraph (4), each State, in consultation
with metropolitan planning organizations, shall establish
targets that address each of the performance measures
identified in paragraph (4)(B).
``(B) Periodic updates.--Each State shall periodically
update the targets established under subparagraph (A).
``(6) Requirement for plan.--To obligate funding
apportioned under section 104(b)(1), each State shall have in
effect--
``(A) a risk-based asset management plan for the National
Highway System in accordance with this section, developed
through a process defined and approved by the Secretary; and
``(B) State targets that address the performance measures
identified in paragraph (4)(B).
``(7) Certification of plan development process.--
``(A) In general.--Not later than 90 days after the date on
which a State submits a request for approval of the process
used by the State to develop the State asset management plan
for the National Highway System, the Secretary shall--
``(i) review the process; and
``(ii)(I) certify that the process meets the requirements
established by the Secretary; or
``(II) deny certification and specify actions necessary for
the State to take to correct deficiencies in the State
process.
``(B) Recertification.--Not less often than every 4 years,
the Secretary shall review and recertify that the process
used by a State to develop and maintain the State asset
management plan for the National Highway System meets the
requirements for the process, as established by the
Secretary.
``(C) Opportunity to cure.--If the Secretary denies
certification under subparagraph (A), the Secretary shall
provide the State with--
``(i) not less than 90 days to cure the deficiencies of the
plan, during which time period all penalties and other legal
impacts of a denial of certification shall be stayed; and
``(ii) a written statement of the specific actions the
Secretary determines to be necessary for the State to cure
the plan.
``(8) Performance reports.--
``(A) In general.--Not later than 4 years after the date of
enactment of the MAP-21
[[Page S430]]
and biennially thereafter, a State shall submit to the
Secretary a report that describes--
``(i) the condition and performance of the National Highway
System in the State;
``(ii) progress in achieving State targets for each of the
performance measures for the National Highway System; and
``(iii) the effectiveness of the investment strategy
documented in the State asset management plan for the
National Highway System.
``(B) Failure to achieve targets.--A State that does not
achieve or make significant progress toward achieving the
targets of the State for performance measures described in
subparagraph (A)(ii) for 2 consecutive reports submitted
under this paragraph shall include in the next report
submitted a description of the actions the State will
undertake to achieve the targets.
``(9) Process.--Not later than 18 months after the date of
enactment of the MAP-21, the Secretary shall, by regulation
and in consultation with State departments of transportation,
establish the process to develop the State asset management
plan described in paragraph (1) and establish the standards
and measures described in paragraph (4).
``(g) Interstate System and NHS Bridge Conditions.--
``(1) Condition of interstate system.--
``(A) Penalty.--If, during 2 consecutive reporting periods,
the condition of the Interstate System, excluding bridges on
the Interstate System, in a State falls below the minimum
condition level established by the Secretary under subsection
(f)(4)(D), the State shall be required, during the following
fiscal year--
``(i) to obligate, from the amounts apportioned to the
State under section 104(b)(1), an amount that is not less
than the amount of funds apportioned to the State for fiscal
year 2009 under the Interstate maintenance program for the
purposes described in this section (as in effect on the day
before the date of enactment of the MAP-21), [except that the
amount reserved under this clause shall be increased by 2
percent over the amount reserved in the previous fiscal year
for each year after fiscal year 2013; and] except that for
each year after fiscal year 2013, the amount required to be
obligated under this clause shall be increased by 2 percent
over the amount required to be obligated in the previous
fiscal year; and
``(ii) to transfer, from the amounts apportioned to the
State under section 104(b)(2) to the apportionment of the
State under section 104(b)(1), an amount equal to 10 percent
of the amount of funds apportioned to the State for fiscal
year 2009 under the Interstate maintenance program for the
purposes described in this section (as in effect on the day
before the date of enactment of the MAP-21).
``(B) Restoration.--The obligation requirement for the
Interstate System in a State required by subparagraph (A) for
a fiscal year shall remain in effect for each subsequent
fiscal year until such time as the condition of the
Interstate System in the State exceeds the minimum condition
level established by the Secretary under subsection
(f)(4)(D).
``(2) Condition of nhs bridges.--
``(A) Penalty.--If, during 2 consecutive reporting periods,
the condition of bridges on the National Highway System in a
State falls below the minimum condition level established by
the Secretary under subsection (f)(4)(D), the State shall be
required, during the following fiscal year--
[``(i) to obligate, from the amounts apportioned to the
State under section 104(b)(1), an amount for bridges on the
National Highway System that is not less than 50 percent of
the amount of funds apportioned to the State for fiscal year
2009 under the highway bridge program for the purposes
described in section 144 (as in effect on the day before the
date of enactment of the MAP-21), except that the amount
reserved under this clause shall be increased by 2 percent
over the amount reserved in the previous fiscal year for each
year after fiscal year 2013; and]
``(i) to obligate, from the amounts apportioned to the
State under section 104(b)(1), an amount for bridges on the
National Highway System that is not less than 50 percent of
the amount of funds apportioned to the State for fiscal year
2009 under the highway bridge program for the purposes
described in section 144 (as in effect on the day before the
date of enactment of the MAP-21), except that for each year
after fiscal year 2013, the amount required to be obligated
under this clause shall be increased by 2 percent over the
amount required to be obligated in the previous fiscal year;
and
``(ii) to transfer, from the amounts apportioned to the
State under section 104(b)(2) to the apportionment of the
State under section 104(b)(1), an amount equal to 10 percent
of the amount of funds apportioned to the State for fiscal
year 2009 under the highway bridge program for the purposes
described in section 144 (as in effect on the day before the
date of enactment of the MAP-21).
``(B) Restoration.--The obligation requirement for bridges
on the National Highway System in a State required by
subparagraph (A) for a fiscal year shall remain in effect for
each subsequent fiscal year until such time as the condition
of bridges on the National Highway System in the State
exceeds the minimum condition level established by the
Secretary under subsection (f)(4)(D).''.
(b) Transition Period.--
(1) In general.--Except as provided in paragraph (2), until
such date as a State has in effect an approved asset
management plan and has established performance targets as
described in section 119 of title 23, United States Code,
that will contribute to achieving the national goals for the
condition and performance of the National Highway System, but
not later than [15] 18 months after the date on which the
Secretary promulgates final regulations required under
section 119(f)(4) of that title, the Secretary shall approve
obligations of funds apportioned to a State to carry out the
national highway performance program under section 119 of
that title, for projects that otherwise meet the requirements
of that section.
(2) Extension.--The Secretary may extend the transition
period for a State under paragraph (1) if the Secretary
determines that the State has made a good faith effort to
establish an asset management plan and performance targets
referred to in that paragraph.
(c) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 119 and inserting the following:
``119. National highway performance program.''.
SEC. 1107. EMERGENCY RELIEF.
Section 125 of title 23, United States Code, is amended to
read as follows:
``Sec. 125. Emergency relief
``(a) In General.--Subject to this section and section 120,
an emergency fund is authorized for expenditure by the
Secretary for the repair or reconstruction of highways,
roads, and trails, in any area of the United States,
including Indian reservations, that the Secretary finds have
suffered serious damage as a result of--
``(1) a natural disaster over a wide area, such as by a
flood, hurricane, tidal wave, earthquake, severe storm, or
landslide; or
``(2) catastrophic failure from any external cause.
``(b) Restriction on Eligibility.--
``(1) Definition of construction phase.--In this
subsection, the term `construction phase' means the phase of
physical construction of a highway or bridge facility that is
separate from any other identified phases, such as planning,
design, or right-of-way phases, in the State transportation
improvement program.
``(2) Restriction.--In no case shall funds be used under
this section for the repair or reconstruction of a bridge--
``(A) that has been permanently closed to all vehicular
traffic by the State or responsible local official because of
imminent danger of collapse due to a structural deficiency or
physical deterioration; or
``(B) if a construction phase of a replacement structure is
included in the approved Statewide transportation improvement
program at the time of an event described in subsection (a).
``(c) Funding.--
``(1) In general.--Subject to the limitations described in
paragraph (2), there are authorized to be appropriated from
the Highway Trust Fund (other than the Mass Transit Account)
such sums as are necessary to establish the fund authorized
by this section and to replenish that fund on an annual
basis.
``(2) Limitations.--The limitations referred to in
paragraph (1) are that--
``(A) not more than $100,000,000 is authorized to be
obligated in any 1 fiscal year commencing after September 30,
1980, to carry out this section, except that, if for any
fiscal year the total of all obligations under this section
is less than the amount authorized to be obligated for the
fiscal year, the unobligated balance of that amount shall--
``(i) remain available until expended; and
``(ii) be in addition to amounts otherwise available to
carry out this section for each year; and
``(B)(i) pending such appropriation or replenishment, the
Secretary may obligate from any funds appropriated at any
time for obligation in accordance with this title, including
existing Federal-aid appropriations, such sums as are
necessary for the immediate prosecution of the work herein
authorized; and
``(ii) funds obligated under this subparagraph shall be
reimbursed from the appropriation or replenishment.
``(d) Eligibility.--
``(1) In general.--The Secretary may expend funds from the
emergency fund authorized by this section only for the repair
or reconstruction of highways on Federal-aid highways in
accordance with this chapter, except that--
``(A) no funds shall be so expended unless an emergency has
been declared by the Governor of the State with concurrence
by the Secretary, unless the President has declared the
emergency to be a major disaster for the purposes of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) for which concurrence of the
Secretary is not required; and
``(B) the Secretary has received an application from the
State transportation department that includes a comprehensive
list of all eligible project sites and repair costs by not
later than 2 years after the natural disaster or catastrophic
failure.
``(2) Cost limitation.--
``(A) Definition of comparable facility.--In this
paragraph, the term `comparable facility' means a facility
that meets the current geometric and construction standards
required for a facility of comparable capacity and character
to the destroyed facility,
[[Page S431]]
except a bridge facility which may be constructed for the
type and volume of traffic that the bridge will carry over
its design life.
``(B) Limitation.--The total cost of a project funded under
this section may not exceed the cost of repair or
reconstruction of a comparable facility.
``(3) Debris removal.--The costs of debris removal shall be
an eligible expense only for events not eligible for
assistance pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
``(4) Territories.--The total obligations for projects
under this section for any fiscal year in the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands shall not exceed $20,000,000.
``(5) Substitute traffic.--Notwithstanding any other
provision of this section, actual and necessary costs of
maintenance and operation of ferryboats or additional transit
service providing temporary substitute highway traffic
service, less the amount of fares charged for comparable
service, may be expended from the emergency fund authorized
by this section for Federal-aid highways.
``(e) Tribal Transportation Facilities, Federal Lands
Transportation Facilities, and Public Roads on Federal
Lands.--
``(1) Definition of open to public travel.--In this
subsection, the term `open to public travel' means, with
respect to a road, that, except during scheduled periods,
extreme weather conditions, or emergencies, the road is open
to the general public for use with a standard passenger
vehicle, without restrictive gates or prohibitive signs or
regulations, other than for general traffic control or
restrictions based on size, weight, or class of registration.
``(2) Expenditure of funds.--Notwithstanding subsection
(d)(1), the Secretary may expend funds from the emergency
fund authorized by this section, independently or in
cooperation with any other branch of the Federal Government,
a State agency, a tribal government, an organization, or a
person, for the repair or reconstruction of tribal
transportation facilities, Federal lands transportation
facilities, and other federally owned roads that are open to
public travel, whether or not those facilities are Federal-
aid highways.
``(3) Reimbursement.--
``(A) In general.--The Secretary may reimburse Federal and
State agencies (including political subdivisions) for
expenditures made for projects determined eligible under this
section, including expenditures for emergency repairs made
before a determination of eligibility.
``(B) Transfers.--With respect to reimbursements described
in subparagraph (A)--
``(i) those reimbursements to Federal agencies and Indian
tribal governments shall be transferred to the account from
which the expenditure was made, or to a similar account that
remains available for obligation; and
``(ii) the budget authority associated with the expenditure
shall be restored to the agency from which the authority was
derived and shall be available for obligation until the end
of the fiscal year following the year in which the transfer
occurs.
``(f) Treatment of Territories.--For purposes of this
section, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands shall be
considered to be States and parts of the United States, and
the chief executive officer of each such territory shall be
considered to be a Governor of a State.''.
SEC. 1108. TRANSPORTATION MOBILITY PROGRAM.
(a) In General.--Section 133 of title 23, United States
Code, is amended to read as follows:
``Sec. 133. Transportation mobility program
``(a) Establishment.--The Secretary shall establish and
implement a transportation mobility program under this
section.
``(b) Purpose.--The purpose of the transportation mobility
program shall be to assist States and localities in improving
the conditions and performance on Federal-aid highways and on
bridges on any public road.
``(c) Eligible Projects.--Funds apportioned under section
104(b)(2) to carry out the transportation mobility program
may be obligated for any of following purposes:
``(1) Construction, reconstruction, rehabilitation,
resurfacing, restoration, preservation, or operational
improvements for highways, including construction of
designated routes of the Appalachian development highway
system.
``(2) Replacement (including replacement with fill
material), rehabilitation, preservation, protection
(including painting, scour countermeasures, seismic
retrofits, impact protection measures, security
countermeasures, and protection against extreme events) and
application of calcium magnesium acetate, sodium acetate/
formate, or other environmentally acceptable, minimally
corrosive anti-icing and deicing compositions for bridges
(and approaches to bridges and other elevated structures) and
tunnels on public roads of all functional classifications,
including any such construction or reconstruction necessary
to accommodate other transportation modes.
``(3) Construction of a new bridge or tunnel on a new
location on a highway, including any such construction
necessary to accommodate other transportation modes.
``(4) Inspection and evaluation (within the meaning of
section 144) of bridges and tunnels on public roads of all
functional classifications and inspection and evaluation of
other highway infrastructure assets, including signs and sign
structures, retaining walls, and drainage structures.
``(5) Training of bridge and tunnel inspectors (within the
meaning of section 144).
``(6) Capital costs for transit projects eligible for
assistance under chapter 53 of title 49, including vehicles
and facilities, whether publicly or privately owned, that are
used to provide intercity passenger service by bus.
``(7) Carpool projects, fringe and corridor parking
facilities and programs, including electric vehicle
infrastructure in accordance with section 137, bicycle
transportation and pedestrian walkways in accordance with
section 217, and the modification of public sidewalks to
comply with the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).
``(8) Highway and transit safety infrastructure
improvements and programs, installation of safety barriers
and nets on bridges, hazard eliminations, projects to
mitigate hazards caused by wildlife, and railway-highway
grade crossings.
``(9) Highway and transit research and development and
technology transfer programs.
``(10) Capital and operating costs for traffic and traveler
information monitoring, management, and control facilities
and programs, including truck stop electrification systems.
``(11) Projects and strategies designed to support
congestion pricing, including electronic toll collection and
travel demand management strategies and programs.
``(12) Surface transportation planning.
``(13) Transportation enhancement activities.
``(14) Recreational trails projects eligible for funding
under section 206.
``(15) Construction of ferry boats and ferry terminal
facilities eligible for funding under section 129(c).
``(16) Border infrastructure projects eligible for funding
under section 1303 of the SAFETEA-LU (Public Law 109-59).
``(17) Projects associated with National Scenic Byways,
All-American Roads, and America's Byways eligible for funding
under section 162.
``(18) Truck parking facilities eligible for funding under
section 1401 of the MAP-21.
``(19) Safe routes to school projects eligible for funding
under section 1404 of the SAFETEA-LU (23 U.S.C. 402 note;
Public Law 109-59).
``(20) Transportation control measures described in section
108(f)(1)(A) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)),
other than section 108(f)(1)(A)(xvi) of that Act.
``(21) Development and implementation of a State asset
management plan for the National Highway System in accordance
with section 119, including data collection, maintenance, and
integration and the costs associated with obtaining,
updating, and licensing software and equipment required for
risk-based asset management and performance-based management,
and for similar activities relating to the development and
implementation of a performance-based management [system]
program for other public roads.
``(22) In accordance with all applicable Federal law
(including regulations), participation in natural habitat and
wetlands mitigation efforts relating to projects funded under
this title, which may include participation in natural
habitat and wetlands mitigation banks, contributions to
statewide and regional efforts to conserve, restore, enhance,
and create natural habitats and wetlands, and development of
statewide and regional natural habitat and wetlands
conservation and mitigation plans, including any such banks,
efforts, and plans developed in accordance with applicable
Federal law (including regulations), on the conditions that--
``(A) contributions to those mitigation efforts may--
``(i) take place concurrent with or in advance of project
construction; and
``(ii) occur in advance of project construction only if the
efforts are consistent with all applicable requirements of
Federal law (including regulations) and State transportation
planning processes; and
``(B) with respect to participation in a natural habitat or
wetland mitigation effort relating to a project funded under
this title that has an impact that occurs within the service
area of a mitigation bank, preference is given, to the
maximum extent practicable, to the use of the mitigation bank
if the bank contains sufficient available credits to offset
the impact and the bank is approved in accordance with
applicable Federal law (including regulations).
``(23) Infrastructure-based intelligent transportation
systems capital improvements.
``(24) Environmental restoration and pollution abatement in
accordance with section 328.
``(25) Control of noxious weeds and aquatic noxious weeds
and establishment of native species in accordance with
section 329.
``(26) Improvements to a freight railroad, marine highway,
or intermodal facility, but only to the extent that the
Secretary concurs with the State that--
``(A) the project will make significant improvement to
freight movements on the national freight network;
[[Page S432]]
``(B) the public benefit of the project exceeds the Federal
investment; and
``(C) the project provides a better return than a highway
project on a segment of the primary freight network, except
that a State may not obligate in excess of 5 percent of funds
apportioned to the State under section 104(b)(2) to carry out
this section for that purpose.
``(27) Maintenance of and improvements to all public roads,
including non-State-owned public roads and roads on tribal
land--
``(A) that are located within 10 miles of the international
border between the United States and Canada or Mexico; and
``(B) on which federally owned vehicles comprise more than
50 percent of the traffic.
``(28) Construction, reconstruction, resurfacing,
restoration, rehabilitation, and preservation of, and
operational improvements for, any public road if--
``(A) the public road, and the highway project to be
carried out with respect to the public road, are in the same
corridor as, and in proximity to--
``(i) a fully access-controlled highway designated as a
part of the National Highway System; or
``(ii) in areas with a population of less than 200,000, a
federal-aid highway designated as part of the National
Highway System;
``(B) the construction or improvements will enhance the
level of service on the highway described in subparagraph (A)
and improve regional traffic flow; and
``(C) the construction or improvements are more cost-
effective, as determined by benefit-cost analysis, than an
improvement to the highway described in subparagraph (A).
``(d) Allocations of Apportioned Funds to Areas Based on
Population.--
``(1) Calculation.--Of the funds apportioned to a State
under section 104(b)(2)--
``(A) 50 percent for a fiscal year 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 areas of the State other than urban areas with a
population greater than 5,000; and
``(iii) in other areas of the State; and
``(B) 50 percent may be obligated in any area of the State.
``(2) Metropolitan areas.--Funds attributed to an urbanized
area under subparagraph (A)(i) may be obligated in the
metropolitan area established under section 134 that
encompasses the urbanized area.
``(3) Distribution among urbanized areas of over 200,000
population.--
``(A) In general.--Except as provided in subparagraph (B),
the amount of funds that a State is required to obligate
under paragraph (1)(A)(i) shall be obligated in urbanized
areas described in paragraph (1)(A)(i) based on the relative
population of the areas.
``(B) Other factors.--The State may obligate the funds
described in subparagraph (A) based on other factors if the
State and the relevant metropolitan planning organizations
jointly apply to the Secretary for the permission to base the
obligation on other factors and the Secretary grants the
request.
``(e) Location of Projects.--Except as provided in
subsection (g) and for projects described in paragraphs (2),
(4), (7), (8), (13), (14), and (19) of subsection (c),
transportation mobility program projects may not be
undertaken on roads functionally classified as local or rural
minor collectors.
``(f) Applicability of Planning Requirements.--Programming
and expenditure of funds for projects under this section
shall be consistent with sections 134 and 135.
``(g) Bridges Not on Federal-aid Highways.--
``(1) Definition of off-system bridge.--The term `off-
system bridge' means a highway bridge located on a public
road, other than a bridge on a Federal-aid highway.
``(2) Special rule.--
[``(A) Penalty.--If the total deck area of deficient off-
system bridges in a State increases for the 2 most recent
consecutive years, the State shall be required, during the
following fiscal year, to obligate for the improvement of
deficient off-system bridges from the amounts apportioned to
the State under section 104(b)(2) an amount that is not less
than 110 percent of the amount of funds required to be
obligated by the State for off-system bridges for fiscal year
2009 under section 144(f)(2), as in effect on the day before
the date of enactment of the MAP-21, except that the amount
reserved under this subparagraph shall be increased by 2
percent over the amount reserved in the previous fiscal year
for each year after fiscal year 2013.]
``(A) Penalty.--If the total deck area of deficient off-
system bridges in a State increases for the 2 most recent
consecutive years, the State shall be required, during the
following fiscal year, to obligate for the improvement of
deficient off-system bridges from the amounts apportioned to
the State under section 104(b)(2) an amount that is not less
than 110 percent of the amount of funds required to be
obligated by the State for off-system bridges for fiscal year
2009 under section 144(f)(2), as in effect on the day before
the date of enactment of the MAP-21, except that for each
year after fiscal year 2013, the amount required to be
obligated under this subparagraph shall be increased by 2
percent over the amount required to be obligated in the
previous fiscal year.
``(B) Restoration.--The obligation requirement for off-
system bridges in a State required by subparagraph (A) for a
fiscal year shall remain in effect for each subsequent fiscal
year until such time as the total deck area of deficient off-
system bridges in the State has decreased to the level it was
in the State for the fiscal year prior to the establishment
of the obligation requirement for the State under
subparagraph (A).
``(3) Credit for bridges not on federal-aid highways.--
Notwithstanding any other provision of law, with respect to
any project not on a Federal-aid highway for the replacement
of a bridge or rehabilitation of a bridge that 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--
``(A) any amount expended after the date of enactment of
this subsection from State and local sources for the project
in excess of 20 percent of the cost of construction of the
project may be credited to the non-Federal share of the cost
of other bridge projects in the State that are eligible for
Federal funds under this section; and
``(B) that crediting shall be conducted in accordance with
procedures established by the [Secretary.] Secretary.''
``(h) Administration.--
``(1) Submission of project agreement.--For each fiscal
year, each State shall submit a project agreement that--
``(A) certifies that the State will meet all the
requirements of this section; and
``(B) notifies the Secretary of the amount of obligations
needed to carry out the program under this section.
``(2) Request for adjustments of amounts.--Each State shall
request from the Secretary such adjustments to the amount of
obligations referred to in paragraph (1)(B) as the State
determines to be necessary.
``(3) Effect of approval by the secretary.--Approval by the
Secretary of a project agreement under paragraph (1) shall be
deemed a contractual obligation of the United States to pay
transportation mobility program funds made available under
this title.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 133 and inserting the following:
``133. Transportation mobility program.''.
SEC. 1109. WORKFORCE DEVELOPMENT.
(a) On-the-job Training.--Section 140(b) of title 23,
United States Code, is amended--
(1) by striking ``Whenever apportionments are made under
section 104(b)(3),'' and inserting ``From administrative
funds made available under section 104(a),''; and
(2) by striking ``the surface transportation program under
section 104(b) and the bridge program under section 144'' and
inserting ``the transportation mobility program under section
104(b)''.
(b) Disadvantaged Business Enterprise.--Section 140(c) of
title 23, United States Code, is amended by striking
``Whenever apportionments are made under section 104(b)(3),''
and inserting ``From administrative funds made available
under section 104(a),''.
SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.
Section 143 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (2) and inserting the following:
``(2) Funding.--
``(A) In general.--From administrative funds made available
under section 104(a), the Secretary shall deduct such sums as
are necessary, not to exceed $10,000,000 for [each fiscal
year] each of fiscal years 2012 and 2013, to carry out this
section.
``(B) Allocation of funds.--Funds made available to carry
out this section may be allocated to the Internal Revenue
Service and the States at the discretion of the Secretary,
except that of funds so made available for each fiscal year,
$2,000,000 shall be available only to carry out
intergovernmental enforcement efforts, including research and
training.''; and
(B) in paragraph (8)--
(i) in the paragraph heading by striking ``surface
transportation program'' and inserting ``transportation
mobility program''; and
(ii) by striking ``section 104(b)(3)'' and inserting
``section 104(b)(2)''; and
(2) in subsection (c)(3) by striking ``for each of fiscal
years 2005 through 2009,'' and inserting ``for each fiscal
year,''.
SEC. 1111. NATIONAL BRIDGE AND TUNNEL INVENTORY AND
INSPECTION STANDARDS.
(a) In General.--Section 144 of title 23, United States
Code, is amended to read as follows:
``Sec. 144. National bridge and tunnel inventory and
inspection standards
``(a) Findings and Declarations.--
``(1) Findings.--Congress finds that--
``(A) the condition of the bridges of the United States has
improved since the date of enactment of the Transportation
Equity Act for the 21st Century (Public Law 105-178; 112
Stat. 107), yet continued improvement to bridge conditions is
essential to protect the safety of the traveling public and
allow for the efficient movement of people and goods on which
the economy of the United States relies; and
[[Page S433]]
``(B) the systematic preventative maintenance of bridges,
and replacement and rehabilitation of deficient bridges,
should be undertaken through an overall asset management
approach to transportation investment.
``(2) Declarations.--Congress declares that it is in the
vital interest of the United States--
``(A) to inventory, inspect, and improve the condition of
the highway bridges and tunnels of the United States;
``(B) to use a data-driven, risk-based approach and cost-
effective strategy for systematic preventative maintenance,
replacement, and rehabilitation of highway bridges and
tunnels to ensure safety and extended service life;
``(C) to use performance-based bridge management systems to
assist States in making timely investments;
``(D) to ensure accountability and link performance
outcomes to investment decisions; and
``(E) to ensure connectivity and access for residents of
rural areas of the United States through strategic
investments in National Highway System bridges and bridges on
all public roads.
``(b) National Bridge and Tunnel Inventories.--
``(1) In general.--The Secretary, in consultation with the
States, shall--
``(A) inventory all highway bridges on public roads that
are bridges over waterways, other topographical barriers,
other highways, and railroads;
``(B) classify the bridges according to serviceability,
safety, and essentiality for public use, including the
potential impacts to emergency evacuation routes and to
regional and national freight and passenger mobility if the
serviceability of the bridge is restricted or diminished; and
``(C) based on that classification, assign each a risk-
based priority for systematic preventative maintenance,
replacement, or rehabilitation.
``(2) Tribally owned and federally owned bridges.--As part
of the activities carried out under paragraph (1), the
Secretary, in consultation with the Secretaries of
appropriate Federal agencies, shall--
``(A) inventory all tribally owned and Federally owned
highway bridges that are open to the public, over waterways,
other topographical barriers, other highways, and railroads;
``(B) classify the bridges according to serviceability,
safety, and essentiality for public use; and
``(C) based on the classification, assign each a risk-based
priority for systematic preventative maintenance,
replacement, or rehabilitation.
``(3) Tunnels.--The Secretary shall establish a national
inventory of highway tunnels reflecting the findings of the
most recent highway tunnel inspections conducted by States
under this section.
``(c) General Bridge Authority.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, the General
Bridge Act of 1946 (33 U.S.C. 525 et seq.) shall apply to
bridges authorized to be replaced, in whole or in part, by
this title.
``(2) Exception.--Section 502(b) of the General Bridge Act
of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March
3, 1899 (33 U.S.C. 401), shall not apply to any bridge
constructed, reconstructed, rehabilitated, or replaced with
assistance under this title, if the bridge is over waters
that--
``(A) are not used and are not susceptible to use in the
natural condition of the bridge or by reasonable improvement
as a means to transport interstate or foreign commerce; and
``(B) are--
``(i) not tidal; or
``(ii) if tidal, used only by recreational boating,
fishing, and other small vessels that are less than 21 feet
in length.
``(d) Inventory Updates and Reports.--
``(1) In general.--The Secretary shall--
``(A) annually revise the inventories authorized by
subsection (b); and
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the inventories.
``(2) Inspection report.--Not later than 1 year after the
date of enactment of the MAP-21, each State and appropriate
Federal agency shall report element level data to the
Secretary, as each bridge is inspected pursuant to this
section, for all highway bridges on the National Highway
System.
``(3) Guidance.--The Secretary shall provide guidance to
States and Federal agencies for implementation of this
subsection, while respecting the existing inspection schedule
of each State.
``(4) Bridges not on national highway system.--The
Secretary shall--
``(A) conduct a study on the benefits, cost-effectiveness,
and feasibility of requiring element-level data collection
for bridges not on the National Highway System; and
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the results of the study.
``(e) Bridges Without Taxing Powers.--
``(1) In general.--Notwithstanding any other provision of
law, any bridge that is owned and operated by an agency that
does not have taxing powers and whose functions include
operating a federally assisted public transit system
subsidized by toll revenues shall be eligible for assistance
under this title, but the amount of such assistance shall in
no event exceed the cumulative amount which such agency has
expended for capital and operating costs to subsidize such
transit system.
``(2) Insufficient assets.--Before authorizing an
expenditure of funds under this subsection, the Secretary
shall determine that the applicant agency has insufficient
reserves, surpluses, and projected revenues (over and above
those required for bridge and transit capital and operating
costs) to fund the necessary bridge replacement or
rehabilitation project.
``(3) Crediting of non-federal funds.--Any non-Federal
funds expended for the seismic retrofit of the bridge may be
credited toward the non-Federal share required as a condition
of receipt of any Federal funds for seismic retrofit of the
bridge made available after the date of the expenditure.
``(f) Replacement of Destroyed Bridges and Ferry Boat
Service.--
``(1) In general.--Notwithstanding any other provision of
law, a State may use the funds apportioned under section
104(b)(2) to construct any bridge that replaces--
``(A) any low water crossing (regardless of the length of
the low water crossing);
``(B) any bridge that was destroyed prior to January 1,
1965;
``(C) any ferry that was in existence on January 1, 1984;
or
``(D) any road bridge that is rendered obsolete as a result
of a Corps of Engineers flood control or channelization
project and is not rebuilt with funds from the 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 the construction.
``(g) Historic Bridges.--
``(1) Definition of historic bridge.--In this subsection,
the term `historic bridge' means any bridge that is listed
on, or eligible for listing on, the National Register of
Historic Places.
``(2) Coordination.--The Secretary shall, in cooperation
with the States, encourage the retention, rehabilitation,
adaptive reuse, and future study of historic bridges.
``(3) State inventory.--The Secretary shall require each
State to complete an inventory of all bridges on and off
Federal-aid highways to determine the historic significance
of the bridges.
``(4) Eligibility.--
``(A) In general.--Subject to subparagraph (B), reasonable
costs associated with actions to preserve, or reduce the
impact of a project under this chapter on, the historic
integrity of a historic bridge shall be eligible as
reimbursable project costs under section 133 if the load
capacity and safety features of the historic bridge are
adequate to serve the intended use for the life of the
historic bridge.
``(B) Bridges not used for vehicle traffic.--In the case of
a historic bridge that is no longer used for motorized
vehicular traffic, the costs eligible as reimbursable project
costs pursuant to this chapter shall not exceed the estimated
cost of demolition of the historic bridge.
``(5) Preservation.--Any State that proposes to demolish a
historic bridge for a replacement project with funds made
available to carry out this section shall first make the
historic bridge available for donation to a State, locality,
or responsible private entity if the State, locality, or
responsible entity enters into an agreement--
``(A) to maintain the bridge and the features that give the
historic bridge its historic significance; and
``(B) to assume all future legal and financial
responsibility for the historic bridge, which may include an
agreement to hold the State transportation department
harmless in any liability action.
``(6) Costs incurred.--
``(A) In general.--Costs incurred by the State to preserve
a 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 in an amount not to exceed the cost of
demolition.
``(B) Additional funding.--Any bridge preserved pursuant to
this paragraph shall not be eligible for any other funds
authorized pursuant to this title.
``(h) National Bridge and Tunnel Inspection Standards.--
``(1) Requirement.--
``(A) In general.--The Secretary shall establish and
maintain inspection standards for the proper inspection and
evaluation of all highway bridges and tunnels for safety and
serviceability.
``(B) Uniformity.--The standards under this subsection
shall be designed to ensure uniformity of the inspections and
evaluations.
``(2) Minimum requirements of inspection standards.--The
standards established under paragraph (1) shall, at a
minimum--
``(A) specify, in detail, the method by which the
inspections shall be carried out by the States, Federal
agencies, and tribal governments;
``(B) establish the maximum time period between
inspections;
``(C) establish the qualifications for those charged with
carrying out the inspections;
``(D) require each State, Federal agency, and tribal
government to maintain and make available to the Secretary on
request--
[[Page S434]]
``(i) written reports on the results of highway bridge and
tunnel inspections and notations of any action taken pursuant
to the findings of the inspections; and
``(ii) current inventory data for all highway bridges and
tunnels reflecting the findings of the most recent highway
bridge and tunnel inspections conducted; and
``(E) establish a procedure for national certification of
highway bridge inspectors and tunnel inspectors.
``(3) State compliance with inspection standards.--The
Secretary shall, at a minimum--
``(A) establish, in consultation with the States, and
interested and knowledgeable private organizations and
individuals, procedures to conduct reviews of State
compliance with--
``(i) the standards established under this subsection; and
``(ii) the calculation or reevaluation of bridge load
ratings; and
``(B) establish, in consultation with the States, and
interested and knowledgeable private organizations and
individuals, procedures for States to follow in reporting to
the Secretary--
``(i) critical findings relating to structural or safety-
related deficiencies of highway bridges; and
``(ii) monitoring activities and corrective actions taken
in response to a critical finding.
``(4) Reviews of state compliance.--
``(A) In general.--The Secretary shall annually review
State compliance with the standards established under this
section.
``(B) Noncompliance.--If an annual review in accordance
with subparagraph (A) identifies noncompliance by a State,
the Secretary shall--
``(i) issue a report detailing the issues of the
noncompliance by December 31 of the calendar year in which
the review was made; and
``(ii) provide the State an opportunity to address the
noncompliance by--
``(I) developing a corrective action plan to remedy the
noncompliance; or
``(II) resolving the issues of noncompliance not later than
45 days after the date of notification.
``(5) Penalty for noncompliance.--
``(A) In general.--If a State fails to satisfy the
requirements of paragraph (4)(B) by August 1 of the calendar
year following the year of a finding of noncompliance, the
Secretary shall, on October 1 of that year, and each year
thereafter as may be necessary, require the State to dedicate
funds apportioned to the State under sections 119 and 133
after the date of enactment of the MAP-21 to correct the
noncompliance with the minimum inspection standards
established under this subsection.
``(B) Amount.--The amount of the funds to be directed to
correcting noncompliance in accordance with subparagraph (A)
shall--
``(i) be determined by the State based on an analysis of
the actions needed to address the noncompliance; and
``(ii) require approval by the Secretary.
``(6) Update of standards.--Not later than 3 years after
the date of enactment of the MAP-21, the Secretary shall
update inspection standards to cover--
``(A) the methodology, training, and qualifications for
inspectors; and
``(B) the frequency of inspection.
``(7) Risk-based approach.--In carrying out the revisions
required by paragraph (6), the Secretary shall consider a
risk-based approach to determining the frequency of bridge
inspections.
``(i) Training Program for Bridge and Tunnel Inspectors.--
``(1) In general.--The Secretary, in cooperation with the
State transportation departments, shall maintain a program
designed to train appropriate personnel to carry out highway
bridge and tunnel inspections.
``(2) Revisions.--The training program shall be revised
from time to time to take into account new and improved
techniques.
``(j) Availability of Funds.--To carry out this section,
the Secretary may use funds made available under sections
104(a), 119, 133, and 503.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 144 and inserting the following:
``144. National bridge and tunnel inventory and inspection
standards.''.
SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
Section 148 of title 23, United States Code, is amended to
read as follows:
``Sec. 148. Highway safety improvement program
``(a) Definitions.--In this section, the following
definitions apply:
``(1) High risk rural road.--The term `high risk rural
road' means any roadway functionally classified as a rural
major or minor collector or a rural local road with
significant safety risks, as defined by a State in accordance
with an updated State strategic highway safety plan.
``(2) Highway basemap.--The term `highway basemap' means a
representation of all public roads that can be used to
geolocate attribute data on a roadway.
``(3) Highway safety improvement program.--The term
`highway safety improvement program' means projects,
activities, plans, and reports carried out under this
section.
``(4) Highway safety improvement project.--
``(A) In general.--The term `highway safety improvement
project' means strategies, activities, and projects on a
public road that are consistent with a State strategic
highway safety plan and--
``(i) correct or improve a hazardous road location or
feature; or
``(ii) address a highway safety problem.
``(B) Inclusions.--The term `highway safety improvement
project' includes, but is not limited to, a project for 1 or
more of the following:
``(i) An intersection safety improvement.
``(ii) Pavement and shoulder widening (including addition
of a passing lane to remedy an unsafe condition).
``(iii) Installation of rumble strips or another warning
device, if the rumble strips or other warning devices do not
adversely affect the safety or mobility of bicyclists and
pedestrians, including persons with disabilities.
``(iv) Installation of a skid-resistant surface at an
intersection or other location with a high frequency of
crashes.
``(v) An improvement for pedestrian or bicyclist safety or
safety of persons with disabilities.
``(vi) Construction and improvement of a railway-highway
grade crossing safety feature, including installation of
protective devices.
``(vii) The conduct of a model traffic enforcement activity
at a railway-highway crossing.
``(viii) Construction of a traffic calming feature.
``(ix) Elimination of a roadside hazard.
``(x) Installation, replacement, and other improvement of
highway signage and pavement markings, or a project to
maintain minimum levels of retroreflectivity, that addresses
a highway safety problem consistent with a State strategic
highway safety plan.
``(xi) Installation of a priority control system for
emergency vehicles at signalized intersections.
``(xii) Installation of a traffic control or other warning
device at a location with high crash potential.
``(xiii) Transportation safety planning.
``(xiv) Collection, analysis, and improvement of safety
data.
``(xv) Planning integrated interoperable emergency
communications equipment, operational activities, or traffic
enforcement activities (including police assistance) relating
to work zone safety.
``(xvi) Installation of guardrails, barriers (including
barriers between construction work zones and traffic lanes
for the safety of road users and workers), and crash
attenuators.
``(xvii) The addition or retrofitting of structures or
other measures to eliminate or reduce crashes involving
vehicles and wildlife.
``(xviii) Installation of yellow-green signs and signals at
pedestrian and bicycle crossings and in school zones.
``(xix) Construction and operational improvements on high
risk rural roads.
``(xx) Geometric improvements to a road for safety purposes
that improve safety.
``(xxi) A road safety audit.
``(xxii) Roadway safety infrastructure improvements
consistent with the recommendations included in the
publication of the Federal Highway Administration entitled
`Highway Design Handbook for Older Drivers and Pedestrians'
(FHWA-RD-01-103), dated May 2001 or as subsequently revised
and updated.
``(xxiii) Truck parking facilities eligible for funding
under section 1401 of the MAP-21.
``(xxiv) Systemic safety improvements.
``(5) Model inventory of roadway elements.--The term `model
inventory of roadway elements' means the listing and
standardized coding by the Federal Highway Administration of
roadway and traffic data elements critical to safety
management, analysis, and decisionmaking.
``(6) Project to maintain minimum levels of
retroreflectivity.--The term `project to maintain minimum
levels of retroreflectivity' means a project that is designed
to maintain a highway sign or pavement marking
retroreflectivity at or above the minimum levels prescribed
in Federal or State regulations.
``(7) Road safety audit.--The term `road safety audit'
means a formal safety performance examination of an existing
or future road or intersection by an independent
multidisciplinary audit team.
``(8) Road users.--The term `road user' means a motorist,
passenger, public transportation operator or user, truck
driver, bicyclist, motorcyclist, or pedestrian, including a
person with disabilities.
``(9) Safety data.--
``(A) In general.--The term `safety data' means crash,
roadway, and traffic data on a public road.
``(B) Inclusion.--The term `safety data' includes, in the
case of a railway-highway grade crossing, the characteristics
of highway and train traffic, licensing, and vehicle data.
``(10) Safety project under any other section.--
``(A) In general.--The term `safety project under any other
section' means a project carried out for the purpose of
safety under any other section of this title.
``(B) Inclusion.--The term `safety project under any other
section' includes--
``(i) a project consistent with the State strategic highway
safety plan that promotes the awareness of the public and
educates the
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public concerning highway safety matters (including
motorcycle safety);
``(ii) a project to enforce highway safety laws; and
``(iii) a project to provide infrastructure and
infrastructure-related equipment to support emergency
services.
``(11) State highway safety improvement program.--The term
`State highway safety improvement program' means a program of
highway safety improvement projects, activities, plans and
reports carried out as part of the Statewide transportation
improvement program under section 135(g).
``(12) State strategic highway safety plan.--The term
`State strategic highway safety plan' means a comprehensive
plan, based on safety data, developed by a State
transportation department that--
``(A) is developed after consultation with--
``(i) a highway safety representative of the Governor of
the State;
``(ii) regional transportation planning organizations and
metropolitan planning organizations, if any;
``(iii) representatives of major modes of transportation;
``(iv) State and local traffic enforcement officials;
``(v) a highway-rail grade crossing safety representative
of the Governor of the State;
``(vi) representatives conducting a motor carrier safety
program under section 31102, 31106, or 31309 of title 49;
``(vii) motor vehicle administration agencies;
``(viii) county transportation officials; and
``(ix) other major Federal, State, tribal, and local safety
stakeholders;
``(B) analyzes and makes effective use of State, regional,
local, or tribal safety data;
``(C) addresses engineering, management, operation,
education, enforcement, and emergency services elements
(including integrated, interoperable emergency
communications) of highway safety as key factors in
evaluating highway projects;
``(D) considers safety needs of, and high-fatality segments
of, all public roads, including non-State-owned public roads
and roads on tribal land;
``(E) considers the results of State, regional, or local
transportation and highway safety planning processes;
``(F) describes a program of strategies to reduce or
eliminate safety hazards;
``(G) is approved by the Governor of the State or a
responsible State agency;
``(H) is consistent with section 135(g); and
``(I) is updated and submitted to the Secretary for
approval as required under subsection (d)(2).
``(13) Systemic safety improvement.--The term `systemic
safety improvement' means an improvement that is widely
implemented based on high-risk roadway features that are
correlated with particular crash types, rather than crash
frequency.
``(b) Program.--
``(1) In general.--The Secretary shall carry out a highway
safety improvement program.
``(2) Purpose.--The purpose of the highway safety
improvement program shall be to achieve a significant
reduction in traffic fatalities and serious injuries on all
public roads, including non-State-owned public roads and
roads on tribal land.
``(c) Eligibility.--
``(1) In general.--To obligate funds apportioned under
section 104(b)(3) to carry out this section, a State shall
have in effect a State highway safety improvement program
under which the State--
``(A) develops, implements, and updates a State strategic
highway safety plan that identifies and analyzes highway
safety problems and opportunities as provided in subsections
(a)(12) and (d);
``(B) produces a program of projects or strategies to
reduce identified safety problems; and
``(C) evaluates the strategic highway safety plan on a
regularly recurring basis in accordance with subsection
(d)(1) to ensure the accuracy of the data and priority of
proposed strategies.
``(2) Identification and analysis of highway safety
problems and opportunities.--As part of the State highway
safety improvement program, a State shall--
``(A) have in place a [comprehensive] safety data system
with the ability to perform safety problem identification and
countermeasure analysis--
``(i) to improve the timeliness, accuracy, completeness,
uniformity, integration, and accessibility of the safety data
on all public roads, including non-State-owned public roads
and roads on tribal land in the State;
``(ii) to evaluate the effectiveness of data improvement
efforts;
``(iii) to link State data systems, including traffic
records, with other data systems within the State;
``(iv) to improve the compatibility and interoperability of
safety data with other State transportation-related data
systems and the compatibility and interoperability of State
safety data systems with data systems of other States and
national data systems;
``(v) to enhance the ability of the Secretary to observe
and analyze national trends in crash occurrences, rates,
outcomes, and circumstances; and
``(vi) to improve the collection of data on nonmotorized
crashes;
``(B) based on the analysis required by subparagraph (A)--
``(i) identify hazardous locations, sections, and elements
(including roadside obstacles, railway-highway crossing
needs, and unmarked or poorly marked roads) that constitute a
danger to motorists (including motorcyclists), bicyclists,
pedestrians, and other highway users;
``(ii) using such criteria as the State determines to be
appropriate, establish the relative severity of those
locations, in terms of crashes (including crash rates),
fatalities, serious injuries, traffic volume levels, and
other relevant data;
``(iii) identify the number of fatalities and serious
injuries on all public roads by location in the State;
``(iv) identify highway safety improvement projects on the
basis of crash experience, crash potential, crash rate, or
other data-supported means; and
``(v) consider which projects maximize opportunities to
advance safety;
``(C) adopt strategic and performance-based goals that--
``(i) address traffic safety, including behavioral and
infrastructure problems and opportunities on all public
roads;
``(ii) focus resources on areas of greatest need; and
``(iii) are coordinated with other State highway safety
programs;
``(D) advance the capabilities of the State for safety data
collection, analysis, and integration in a manner that--
``(i) complements the State highway safety program under
chapter 4 and the commercial vehicle safety plan under
section 31102 of title 49;
``(ii) includes all public roads, including public non-
State-owned roads and roads on tribal land;
``(iii) identifies hazardous locations, sections, and
elements on all public roads that constitute a danger to
motorists (including motorcyclists), bicyclists, pedestrians,
persons with disabilities, and other highway users;
``(iv) includes a means of identifying the relative
severity of hazardous locations described in clause (iii) in
terms of [crashes,] crashes (including crash rate), serious
injuries, fatalities, and traffic volume levels; and
``(v) improves the ability of the State to identify the
number of fatalities and serious injuries on all public roads
in the State with a breakdown by functional classification
and ownership in the State;
``(E)(i) determine priorities for the correction of
hazardous road locations, sections, and elements (including
railway-highway crossing improvements), as identified through
safety data analysis;
``(ii) identify opportunities for preventing the
development of such hazardous conditions; and
``(iii) establish and implement a schedule of highway
safety improvement projects for hazard correction and hazard
prevention; and
``(F)(i) establish an evaluation process to analyze and
assess results achieved by highway safety improvement
projects carried out in accordance with procedures and
criteria established by this section; and
``(ii) use the information obtained under clause (i) in
setting priorities for highway safety improvement projects.
``(d) Updates to Strategic Highway Safety Plans.--
``(1) Establishment of requirements.--
``(A) In general.--Not later than 1 year after the date of
enactment of the MAP-21, the Secretary shall establish
requirements for regularly recurring State updates of
strategic highway safety plans.
``(B) Contents of updated strategic highway safety plans.--
In establishing requirements under this subsection, the
Secretary shall ensure that States take into consideration,
with respect to updated strategic highway safety plans--
``(i) the findings of road safety audits;
``(ii) the locations of fatalities and serious injuries;
``(iii) the locations that do not have an empirical history
of fatalities and serious injuries, but possess risk factors
for potential crashes;
``(iv) rural roads, including all public roads,
commensurate with fatality data;
``(v) motor vehicle crashes that include fatalities or
serious injuries to pedestrians and bicyclists;
``(vi) the cost-effectiveness of improvements;
``(vii) improvements to rail-highway grade crossings; and
``(viii) safety on all public roads, including non-State-
owned public roads and roads on tribal land.
``(2) Approval of updated strategic highway safety plans.--
``(A) In general.--Each State shall--
``(i) update the strategic highway safety plans of the
State in accordance with the requirements established by the
Secretary under this subsection; and
``(ii) submit the updated plans to the Secretary, along
with a detailed description of the process used to update the
plan.
``(B) Requirements for approval.--The Secretary shall not
approve the process for an updated strategic highway safety
plan unless--
``(i) the updated strategic highway safety plan is
consistent with the requirements of this subsection and
subsection (a)(12); and
``(ii) the process used is consistent with the requirements
of this subsection.
``(3) Penalty for failure to have an approved updated
strategic highway safety plan.--If a State does not have an
updated strategic highway safety plan with a process approved
by the Secretary by August 1 of the
[[Page S436]]
fiscal year beginning after the date of establishment of the
requirements under paragraph (1)--
``(A) the State shall not be eligible to receive any
additional limitation pursuant to the redistribution of the
limitation on obligations for Federal-aid highway and highway
safety construction programs that occurs after August 1 for
each succeeding fiscal year until the fiscal year during
which the plan is approved; and
``(B) the Secretary shall, on October 1 of each fiscal year
thereafter, transfer from funds apportioned to the State
under section 104(b)(2) an amount equal to 10 percent of the
funds so apportioned for the fiscal year for use under the
highway safety improvement program under this section to the
apportionment of the State under section 104(b)(3) until the
fiscal year in which the plan is approved.
``(e) Eligible Projects.--
``(1) In general.--Funds apportioned to the State under
section 104(b)(3) may be obligated to carry out--
``(A) any highway safety improvement project on any public
road or publicly owned bicycle or pedestrian pathway or
trail; or
``(B) as provided in subsection (f), other safety projects.
``(2) Use of other funding for safety.--
``(A) Effect of section.--Nothing in this section prohibits
the use of funds made available under other provisions of
this title for highway safety improvement projects.
``(B) Use of other funds.--States are encouraged to address
the full scope of the safety needs and opportunities of the
States by using funds made available under other provisions
of this title (except a provision that specifically prohibits
that use).
``(f) Flexible Funding for States With a Strategic Highway
Safety Plan.--
``(1) In general.--To further the implementation of a State
strategic highway safety plan, a State may use up to 10
percent of the amount of funds apportioned to the State under
section 104(b)(3) for a fiscal year to carry out safety
projects under any other section as provided in the State
strategic highway safety plan if the State certifies that--
``(A) the State has met needs in the State relating to
railway-highway crossings for the preceding fiscal year; and
``(B) the funds are being used for the most effective
projects to make progress toward achieving the safety
performance targets of the State.
``(2) Other transportation and highway safety plans.--
Nothing in this subsection requires a State to revise any
State process, plan, or program in effect on the date of
enactment of the MAP-21.
``(g) Data Improvement.--
``(1) Definition of data improvement activities.--In this
subsection:
``(A) In general.--The term `data improvement activities'
means a project or activity to further the capacity of a
State to make more informed and effective safety
infrastructure investment decisions.
``(B) Inclusions.--The term `data improvement activities'
includes a project or activity--
``(i) to create, update, or enhance a highway basemap of
all public roads in a State;
``(ii) to collect safety data, including data identified as
part of the model inventory of roadway elements, for creation
of or use on a highway basemap of all public roads in a
State;
``(iii) to store and maintain safety data in an electronic
manner;
``(iv) to develop analytical processes for safety data
elements;
``(v) to acquire and implement roadway safety analysis
tools; and
``(vi) to support the collection, maintenance, and sharing
of safety data on all public roads and related systems
associated with the analytical usage of that data.
``(2) Apportionment.--Of the funds apportioned to a State
under section 104(b)(3) for a fiscal year--
``(A) not less than 8 percent of the funds apportioned for
each of fiscal years 2012 through 2013 shall be available
only for data improvement activities under this subsection;
and
``(B) not less than 4 percent of the funds apportioned for
fiscal year 2014 and each fiscal year thereafter shall be
available only for data improvement activities under this
subsection.
``(3) Special rule.--A State may use funds apportioned to
the State pursuant to this subsection for any project
eligible under this section if the State demonstrates to the
satisfaction of the Secretary that the State has met all of
the State needs for data collection to support the State
strategic highway safety plan and sufficiently addressed the
data improvement activities described in paragraph (1).
``(4) Model inventory of roadway elements.--The Secretary
shall--
``(A) establish a subset of the model inventory of roadway
elements that are useful for the inventory of roadway safety;
and
``(B) ensure that States adopt and use the subset to
improve data collection.
``(h) Performance Measures and Targets for State Highway
Safety Improvement Programs.--
``(1) Establishment of performance measures.--Not later
than 1 year after the date of enactment of the MAP-21, the
Secretary shall issue guidance to States on the
establishment, collection, and reporting of performance
measures that reflect--
``(A) serious injuries and fatalities per vehicle mile
traveled;
``(B) serious injuries and fatalities per capita; and
``(C) the number of serious injuries and fatalities
``(2) Establishment of state performance targets.--Not
later than 1 year after the Secretary has issued guidance to
States on the establishment, collection, and reporting of
performance measures, each State shall set performance
targets that reflect--
``(A) serious injuries and fatalities per vehicle mile
traveled;
``(B) serious injuries and fatalities per capita; and
``(C) the number of serious injuries and fatalities.
``(i) Special Rules.--
``(1) High-risk rural road safety.--If the fatality rate on
rural roads in a State increases over the most recent 2-year
period for which data are available, that State shall be
required to obligate in the next fiscal year for projects on
high risk rural roads an amount equal to at least 200 percent
of the amount of funds the State received for fiscal year
2009 for high risk rural roads under subsection (f) of this
section, as in effect on the day before the date of enactment
of the MAP-21.
[``(2) Rail-highway grade crossings.--If the fatality rate
at highway grade crossings in a State increases over the most
recent 2-year period for which data are available, that State
shall be required to obligate in the next fiscal year on
rail-highway grade crossings an amount equal to 120 percent
of the amount of funds the State received for fiscal year
2009 for rail-highway grade crossings under section 130(f)
(as in effect on the day before the date of enactment of the
MAP-21).]
``(2) Rail-highway grade crossings.--If the average number
of fatalities at rail-highway grade crossings in a State over
the most recent 2-year period for which data are available
increases over the average number of fatalities during the
preceding 2-year period, that State shall be required to
obligate in the next fiscal year for projects on rail-highway
grade crossings an amount equal to 120 percent of the amount
of funds the State received for fiscal year 2009 for rail-
highway grade crossings under section 130(f) (as in effect on
the day before the date of enactment of the MAP-21).
``(j) Reports.--
``(1) In general.--A State shall submit to the Secretary a
report that--
``(A) describes the progress being made to achieve the
performance targets established under subsection (h);
``(B) describes progress being made to implement highway
safety improvement projects under this section;
``(C) assesses the effectiveness of those improvements; and
``(D) describes the extent to which the improvements funded
under this section have contributed to reducing--
``(i) the number and rate of fatalities on all public roads
with, to the maximum extent practicable, a breakdown by
functional classification and ownership in the State;
``(ii) the number and rate of serious injuries on all
public roads with, to the maximum extent practicable, a
breakdown by functional classification and ownership in the
State; and
``(iii) the occurrences of fatalities and serious injuries
at railway-highway crossings.
``(2) Contents; schedule.--The Secretary shall establish
the content and schedule for the submission of the report
under paragraph (1).
``(3) Transparency.--The Secretary shall make strategic
highway safety plans submitted under subsection (d) and
reports submitted under this subsection available to the
public through--
``(A) the website of the Department; and
``(B) such other means as the Secretary determines to be
appropriate.
``(4) Discovery and admission into evidence of certain
reports, surveys, and information.--Notwithstanding any other
provision of law, reports, surveys, schedules, lists, or data
compiled or collected for any purpose relating to this
section, shall not be subject to discovery or admitted into
evidence in a Federal or State court proceeding or considered
for other purposes in any action for damages arising from any
occurrence at a location identified or addressed in the
reports, surveys, schedules, lists, or other data.
``(k) State Performance Targets.--If the Secretary
determines that a State has not met or made significant
progress toward meeting the performance targets of the State
established under subsection (h) by the date that is 2 years
after the date of the establishment of the performance
targets, the State shall--
``(1) use obligation authority equal to the apportionment
of the State for the prior year under section 104(b)(3) only
for highway safety improvement projects under this section
until the Secretary determines that the State has met or made
significant progress toward meeting the performance targets
of the State; and
``(2) submit annually to the Secretary, until the Secretary
determines that the State has met or made significant
progress toward meeting the performance targets of the State,
an implementation plan that--
``(A) identifies roadway features that constitute a hazard
to road users;
``(B) identifies highway safety improvement projects on the
basis of crash experience, crash potential, or other data-
supported means;
[[Page S437]]
``(C) describes how highway safety improvement program
funds will be allocated, including projects, activities, and
strategies to be implemented;
``(D) describes how the proposed projects, activities, and
strategies funded under the State highway safety improvement
program will allow the State to make progress toward
achieving the safety performance targets of the State; and
``(E) describes the actions the State will undertake to
meet the performance targets of the State.
``(l) Federal Share of Highway Safety Improvement
Projects.--Except as provided in sections 120 and 130, the
Federal share of the cost of a highway safety improvement
project carried out with funds apportioned to a State under
section 104(b)(3) shall be 90 percent.''.
SEC. 1113. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.
Section 149 of title 23, United States Code, is amended to
read as follows:
``Sec. 149. Congestion mitigation and air quality improvement
program
``(a) Establishment.--The Secretary shall establish and
implement a congestion mitigation and air quality improvement
program in accordance with this section.
``(b) Eligible Projects.--
``(1) In general.--Except as provided in subsection (c), a
State may obligate funds apportioned to the State for the
congestion mitigation and air quality improvement program
under section 104(b)(4) that are not reserved under
subsection (l) only for a transportation project or program
if the project or program is for an area in the State that is
or was designated as a nonattainment area for ozone, carbon
monoxide, or particulate matter under section 107(d) of the
Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant to
section 181(a), 186(a), 188(a), or 188(b) of the Clean Air
Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is
or was designated as a nonattainment area under section
107(d) of that Act after December 31, 1997, or is required to
prepare, and file with the Administrator of the Environmental
Protection Agency, maintenance plans under the Clean Air Act
(42 U.S.C. 7401 et seq.); and
``(A)(i)(I) if the Secretary, after consultation with the
Administrator determines, on the basis of information
published by the Environmental Protection Agency pursuant to
subparagraph (A) of section 108(f)(1) of the Clean Air Act
(other than clause (xvi) of that subparagraph) (42 U.S.C.
7408(f)(1)) that the project or program is likely to
contribute to--
``(aa) the attainment of a national ambient air quality
standard; or
``(bb) the maintenance of a national ambient air quality
standard in a maintenance area; and
``(II) there exists a high level of effectiveness in
reducing air pollution, in cases of projects or programs
where sufficient information is available in the database
established pursuant to subsection (h) to determine the
relative effectiveness of such projects or programs; or
``(ii) in any case in which such information is not
available, if the Secretary, after such consultation,
determines that the project or program is part of a program,
method, or strategy described in such section 108(f)(1)(A);
``(B) if the project or program is included in a State
implementation plan that has been approved pursuant to the
Clean Air Act and the project will have air quality benefits;
``(C) to establish or operate a traffic monitoring,
management, and control facility or program, including
[advanced] truck stop electrification systems, if the
Secretary, after consultation with the Administrator,
determines that the facility or program is likely to
contribute to the attainment of a national ambient air
quality standard;
``(D) if the program or project improves traffic flow,
including projects to improve signalization, construct high-
occupancy vehicle lanes, improve intersections, add turning
lanes, improve transportation systems management and
operations that mitigate congestion and improve air quality,
and implement intelligent transportation system strategies
and such other projects that are eligible for assistance
under this section on the day before the date of enactment of
the MAP-21, including programs or projects to improve
incident and emergency response or improve mobility, such as
through real-time traffic, transit, and multimodal traveler
information;
``(E) if the project or program involves the purchase of
integrated, interoperable emergency communications equipment;
``(F) if the project or program is for--
``(i) the purchase of diesel retrofits that are--
``(I) for motor vehicles (as defined in section 216 of the
Clean Air Act (42 U.S.C. 7550)); or
``(II) verified or certified technologies included in the
list published pursuant to subsection (f)(2), as in effect on
the day before the date of enactment of the MAP-21, for
nonroad vehicles and nonroad engines (as defined in section
216 of the Clean Air Act (42 U.S.C. 7550)) that are used in
construction projects that are--
``(aa) located in nonattainment or maintenance areas for
ozone, PM10, or PM2.5 (as defined under
the Clean Air Act (42 U.S.C. 7401 et seq.)); and
``(bb) funded, in whole or in part, under this title; or
``(ii) the conduct of outreach activities that are designed
to provide information and technical assistance to the owners
and operators of diesel equipment and vehicles regarding the
purchase and installation of diesel retrofits;
``(G) if the project or program shifts traffic demand to
nonpeak hours or other transportation modes, increases
vehicle occupancy rates, or otherwise reduces demand for
roads through such means as telecommuting, ridesharing,
carsharing, alternative work hours, and pricing; or
``(H) if the Secretary, after consultation with the
Administrator, determines that the project or program is
likely to contribute to the attainment of a national ambient
air quality standard, whether through reductions in vehicle
miles traveled, fuel consumption, or through other factors.
``(2) Limitations.--Funds apportioned to a State under
section 104(b)(4) and not reserved under subsection (l) may
not be obligated for a project that will result in the
construction of new capacity available to single-occupant
vehicles unless the project consists of a high-occupancy
vehicle facility available to single-occupant vehicles only
at other than peak travel times or such use by single-
occupant vehicles at peak travel times is subject to a toll.
``(c) States Flexibility.--
``(1) States without a nonattainment area.--If a State does
not have, and never has had, a nonattainment area designated
under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone,
carbon monoxide, or PM2.5, the State may use funds
apportioned to the State under section 104(b)(4) (excluding
the amount of funds reserved under subsection (l)) for any
project in the State that--
``(A) would otherwise be eligible under subsection (b) as
if the project were carried out in a nonattainment or
maintenance area; or
``(B) is eligible under the transportation mobility program
under section 133.
``(2) States with a nonattainment area.--
``(A) In general.--If a State has a nonattainment area or
maintenance area and received funds in fiscal year 2009 under
section 104(b)(2)(D), as in effect on the day before the date
of enactment of the MAP-21, above the amount of funds that
the State would have received based on the nonattainment and
maintenance area population of the State under subparagraphs
(B) and (C) of section 104(b)(2), as in effect on the day
before the date of enactment of the MAP-21, the State may use
for any project that is eligible under the transportation
mobility program under section 133 an amount of funds
apportioned to such State under section 104(b)(4) (excluding
the amount of funds reserved under subsection (l)) that is
equal to the product obtained by multiplying--
``(i) [the apportioned amount] the amount apportioned to
such State under section 104(b)(4) (excluding the amount of
funds reserved under subsection (l)); by
``(ii) the ratio calculated under paragraph (B).
``(B) Ratio.--For purposes of this paragraph, the ratio
shall be calculated as--
``(i) the amount for fiscal year 2009 such State was
permitted by section 149(c)(2), as in effect on the day
before the date of enactment of the MAP-21, to obligate in
any area of the State for projects eligible under section
133, as in effect on the day before the date of enactment of
the MAP-21; bears to
``(ii) the total apportionment to such State for fiscal
year 2009 under section 104(b)(2), as in effect on the day
before the date of enactment of the MAP-21.
``(3) Changes in designation.--If a new nonattainment area
is designated or a previously designated nonattainment area
is redesignated as an attainment area in a State under the
Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary shall
modify the amount such State is permitted to obligate in any
area of the State for projects eligible under section 133.
``(d) Applicability of Planning Requirements.--Programming
and expenditure of funds for projects under this section
shall be consistent with the requirements of sections 134 and
135.
``(e) Partnerships With Nongovernmental Entities.--
``(1) In general.--Notwithstanding any other provision of
this title and in accordance with this subsection, a
metropolitan planning organization, State transportation
department, or other project sponsor may enter into an
agreement with any public, private, or nonprofit entity to
cooperatively implement any project carried out with funds
apportioned under section 104(b)(4).
``(2) Forms of participation by entities.--Participation by
an entity under paragraph (1) may consist of--
``(A) ownership or operation of any land, facility,
vehicle, or other physical asset associated with the project;
``(B) cost sharing of any project expense;
``(C) carrying out of administration, construction
management, project management, project operation, or any
other management or operational duty associated with the
project; and
``(D) any other form of participation approved by the
Secretary.
``(3) Allocation to entities.--A State may allocate funds
apportioned under section 104(b)(4) to an entity described in
paragraph (1).
``(4) Alternative fuel projects.--In the case of a project
that will provide for the use of alternative fuels by
privately owned vehicles or vehicle fleets, activities
eligible for funding under this subsection--
[[Page S438]]
``(A) may include the costs of vehicle refueling
infrastructure, including infrastructure that would support
the development, production, and use of emerging technologies
that reduce emissions of air pollutants from motor vehicles,
and other capital investments associated with the project;
``(B) shall include only the incremental cost of an
alternative fueled vehicle, as compared to a conventionally
fueled vehicle, that would otherwise be borne by a private
party; and
``(C) shall apply other governmental financial purchase
contributions in the calculation of net incremental cost.
``(5) Prohibition on federal participation with respect to
required activities.--A Federal participation payment under
this subsection may not be made to an entity to fund an
obligation imposed under the Clean Air Act (42 U.S.C. 7401 et
seq.) or any other Federal law.
``(f) Priority Consideration.--States and metropolitan
planning organizations shall give priority in areas
designated as nonattainment or maintenance for
PM2.5 under the Clean Air Act (42 U.S.C. 7401 et
seq.) in distributing funds received for congestion
mitigation and air quality projects and programs from
apportionments under section 104(b)(4) not required to be
reserved under subsection (l) to projects that are proven to
reduce PM2.5, including diesel retrofits.
``(g) Interagency Consultation.--The Secretary shall
encourage States and metropolitan planning organizations to
consult with State and local air quality agencies in
nonattainment and maintenance areas on the estimated emission
reductions from proposed congestion mitigation and air
quality improvement programs and projects.
``(h) Evaluation and Assessment of Projects.--
``(1) Database.--
``(A) In general.--Using appropriate assessments of
projects funded under the congestion mitigation and air
quality program and results from other research, the
Secretary shall maintain and disseminate a cumulative
database describing the impacts of the projects, including
specific information about each project, such as the project
name, location, sponsor, cost, and, to the extent already
measured by the project sponsor, cost-effectiveness, based on
reductions in congestion and emissions.
``(B) Availability.--The database shall be published or
otherwise made readily available by the Secretary in
electronically accessible format and means, such as the
Internet, for public review.
``(2) Cost effectiveness.--
``(A) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
evaluate projects on a periodic basis and develop a table or
other similar medium that illustrates the cost-effectiveness
of a range of project types eligible for funding under this
section as to how the projects mitigate congestion and
improve air quality.
``(B) Contents.--The table described in subparagraph (A)
shall show measures of cost-effectiveness, such as dollars
per ton of emissions reduced, and assess those measures over
a variety of timeframes to capture impacts on the planning
timeframes outlined in section 134.
``(C) Use of table.--States and metropolitan planning
organizations shall consider the information in the table
when selecting projects or developing performance plans under
subsection (k).
``(i) Optional Programmatic Eligibility.--
``(1) In general.--At the discretion of a metropolitan
planning organization, a technical assessment of a selected
program of projects may be conducted through modeling or
other means to demonstrate the emissions reduction projection
required under this section.
``(2) Applicability.--If an assessment described in
paragraph (1) successfully demonstrates an emissions
reduction, all projects included in such assessment shall be
eligible for obligation under this section without further
demonstration of emissions reduction of individual projects
included in such assessment.
``(j) Suballocation to Nonattainment and Maintenance
Areas.--
``(1) In general.--An amount equal to 50 percent of the
amount of funds apportioned to each State under section
104(b)(4) (excluding the amount of funds reserved under
subsection (l)) shall be suballocated for projects within
each area designated as nonattainment or maintenance for the
pollutants described in subsection (b).
``(2) Distribution of funds.--The distribution within any
State of funds required to be suballocated under paragraph
(1) to each nonattainment or maintenance area shall be in
accordance with a formula developed by each State and
approved by the Secretary, which shall consider the
population of each such nonattainment or maintenance area and
shall be weighted by the severity of pollution in the manner
described in paragraph (6).
``(3) Project selection.--Projects under this subsection
shall be selected by a State and shall be consistent with the
requirements of sections 134 and 135.
``(4) Priority for use of suballocated funds in
pm2.5 areas.--
``(A) In general.--An amount equal to 50 percent of the
funds suballocated under paragraph (1) for a nonattainment or
maintenance area that are based all or in part on the
weighted population of such area in fine particulate matter
nonattainment shall be obligated to projects that reduce such
fine particulate matter emissions in such area, including
diesel retrofits.
``(B) Construction equipment.--An amount equal to 30
percent of the funds required to be set aside under
subparagraph (A) shall be obligated to carry out the
objectives of section 330.
``(C) Obligation process.--[Each]
``(i) In general.--Each State or metropolitan planning
organization required to obligate funds in accordance with
this paragraph shall develop a process to provide funding
directly to eligible entities (as defined under section 330)
in order to achieve the objectives of such section.
``(ii) Obligation.--A State may obligate suballocated funds
designated under this paragraph without regard to any process
or other requirement established under this section.
``(5) Funds not suballocated.--Except as provided in
subsection (c), funds apportioned to a State under section
104(b)(4) (excluding the amount of funds reserved under
subsection (l)) and not suballocated under paragraph (1)
shall be made available to such State for programming in any
nonattainment or maintenance area in the State.
``(6) Factors for calculation of suballocation.--
``(A) In general.--For the purposes of paragraph (2), each
State shall weight the population of each such nonattainment
or maintenance area by a factor of--
``(i) 1.0 if, at the time of the apportionment, the area is
a maintenance area for ozone or carbon monoxide;
``(ii) 1.0 if, at the time of the apportionment, the area
is classified as a marginal ozone nonattainment area under
subpart 2 of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
``(iii) 1.1 if, at the time of the apportionment, the area
is classified as a moderate ozone nonattainment area under
subpart 2 of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
``(iv) 1.2 if, at the time of the apportionment, the area
is classified as a serious ozone nonattainment area under
subpart 2 of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
``(v) 1.3 if, at the time of the apportionment, the area is
classified as a severe ozone nonattainment area under subpart
2 of part D of title I of the Clean Air Act (42 U.S.C. 7511
et seq.);
``(vi) 1.5 if, at the time of the apportionment, the area
is classified as an extreme ozone nonattainment area under
subpart 2 of part D of title I of the Clean Air Act (42
U.S.C. 7511 et seq.);
``(vii) 1.0 if, at the time of the apportionment, the area
is not a nonattainment or maintenance area for ozone as
described in section 149(b), but is designated under section
107 of the Clean Air Act (42 U.S.C. 7407) as a nonattainment
area for carbon monoxide;
``(viii) 1.0 if, at the time of the apportionment, the area
is designated as nonattainment for ozone under section 107 of
the Clean Air Act (42 U.S.C. 7407); or
``(ix) 1.2 if, at the time of the apportionment, the area
is not a nonattainment or maintenance area as described in
section 149(b) for ozone, but is designated as a
nonattainment or maintenance area for fine particulate
matter, 2.5 micrometers or less, under section 107 of the
Clean Air Act (42 U.S.C. 7407).
``(B) Other factors.--If, in addition to being designated
as a nonattainment or maintenance area for ozone as described
in section 149(b), any county within the area was also
designated under section 107 of the Clean Air Act (42 U.S.C.
7407) as a nonattainment or maintenance area for carbon
monoxide, or was designated under section 107 of the Clean
Air Act (42 U.S.C. 7407) as a nonattainment or maintenance
area for particulate matter, 2.5 micrometers or less, or
both, the weighted nonattainment or maintenance area
population of the county, as determined under clauses (i)
through (vi), or clause (viii), of subparagraph (A), shall be
further multiplied by a factor of 1.2, or a second further
factor of 1.2 if the area is designated as a nonattainment or
maintenance area for both carbon monoxide and particulate
matter, 2.5 micrometers or less.
``(7) Exceptions for certain states.--
``(A) A State without a nonattainment or maintenance area
shall not be subject to the requirements of this subsection.
``(B) The amount of funds required to be set aside under
paragraph (1) in a State that received a minimum
apportionment for fiscal year 2009 under section
104(b)(2)(D), as in effect on the day before the date of
enactment of the MAP-21, shall be based on the amount of
funds such State would otherwise have been apportioned under
section 104(b)(4) (excluding the amount of funds reserved
under subsection (l)) but for the minimum apportionment in
fiscal year 2009.
``(k) Performance Plan.--
``(1) In general.--Each tier I metropolitan planning
organization (as defined in section 134) representing a
nonattainment or maintenance area shall develop a performance
plan that--
``(A) includes an area baseline level for traffic
congestion and on-road mobile source emissions for which the
area is in nonattainment or maintenance;
``(B) identifies air quality and traffic congestion
reduction target levels based on measures established by the
Secretary; and
[[Page S439]]
``(C) includes a description of projects identified for
funding under this section and a description of how such
projects will contribute to achieving emission and traffic
congestion reduction targets.
``(2) Updated plans.--
``(A) In general.--Performance plans shall be updated on
the schedule required under paragraph (3).
``(B) Contents.--An updated plan shall include a separate
report that assesses the progress of the program of projects
under the previous plan in achieving the air quality and
traffic congestion targets of the previous plan.
``(3) Rulemaking.--Not later than 18 months after the date
of enactment of the MAP-21, the Secretary shall promulgate
regulations to implement this subsection that identify
performance measures for traffic congestion and on-road
mobile source emissions, timelines for performance plans, and
requirements under this section for assessing the
implementation of projects carried out under this section.
``(l) Additional Activities.--
``(1) Reservation of funds.--Of the funds apportioned to a
State under section 104(b)(4), a State shall reserve the
amount of funds attributable to the inclusion of the 10
percent of surface transportation program funds apportioned
to such State for fiscal year 2009 in the formula under
section 104(b)(4) for projects under this subsection.
``(2) Eligible projects.--A State may obligate the funds
reserved under this subsection for any of the following
projects or activities:
``(A) Transportation enhancements, as defined in section
101.
``(B) The recreational trails program under section 206.
``(C) The safe routes to school program under section 1404
of the SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-59).
[``(D) Planning, designing, or constructing boulevards,
main streets, and other roadways, including--
``(i) redesign of an underused highway, particularly a
highway that is no longer a principal route after
construction of a bypass or Interstate System route, into a
boulevard or main street that includes multiple forms of
transportation;
``(ii) new street construction that enhances multimodal
connectivity and includes public transportation, pedestrian
walkways, or bicycle infrastructure;
``(iii) redesign of a street to enhance connectivity and
increase the efficiency of network performance that includes
public transportation, pedestrian walkways, or bicycle
infrastructure;
``(iv) redesign of a highway to support public
transportation, including transit-only lanes and priority
signalization for transit; or
``(v) construction of high-occupancy vehicle lanes and
congestion reduction activities that increase the efficiency
of the existing road network.
``(E) Providing transportation choices, including--
``(i) on-road and off-road trail facilities for
pedestrians, bicyclists, and other nonmotorized forms of
transportation, including sidewalks, bicycle infrastructure,
pedestrian and bicycle signals, traffic calming techniques,
lighting, and other safety-related infrastructure, and
transportation projects to achieve compliance with the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.);
``(ii) the planning, design, and construction of
infrastructure-related projects and systems that will provide
safe routes for nondrivers, including children, older adults,
and individuals with disabilities, to access daily needs;
``(iii) activities for safety and education for pedestrians
and bicyclists and to encourage walking and bicycling,
including efforts to encourage walking and bicycling to
school and community centers;
``(iv) conversion and use of abandoned railroad corridors
for trails for pedestrians, bicyclists, or other nonmotorized
transportation users; and
``(v) carpool, vanpool, and car share projects.]
``(D) Planning, designing, or constructing boulevards and
other roadways largely in the right-of-way of former
Interstate System routes or other divided highways.
``(3) Flexibility of excess reserved funding.--Beginning in
the second fiscal year after the date of enactment of the
MAP-21, if on August 1 of that fiscal year the unobligated
balance of available funds apportioned to a State under
section 104(b)(4) and reserved by a State under this
subsection exceeds 150 percent of such reserved amount in
such fiscal year, the State may thereafter obligate the
amount of excess funds for any activity--
``(A) that is eligible to receive funding under this
subsection; or
``(B) for which the Secretary has approved the obligation
of funds for any State under this section.
``(4) Provision of adequate data, modeling, and support.--
In any case in which a State requests reasonable technical
support or otherwise requests data (including planning models
and other modeling), clarification, or guidance regarding the
content of any final rule or applicable regulation material
to State actions under this section, the Secretary and any
other agency shall provide that support, clarification, or
guidance in a timely manner.
``[(4)](5) Treatment of projects.--Notwithstanding any
other provision of law, projects funded under this subsection
shall be treated as projects on a Federal-aid system under
this chapter.''.
SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
(a) In General.--Section 165 of title 23, United States
Code, is amended to read as follows:
``Sec. 165. Territorial and Puerto Rico highway program
``(a) Division of Funds.--Of funds made available in a
fiscal year for the territorial and Puerto Rico highway
program--
``(1) 75 percent shall be for the Puerto Rico highway
program under subsection (b); and
``(2) 25 percent shall be for the territorial highway
program under subsection (c).
``(b) Puerto Rico Highway Program.--
``(1) In general.--The Secretary shall allocate funds made
available to carry out this subsection to the Commonwealth of
Puerto Rico to carry out a highway program in the
Commonwealth.
``(2) Treatment of funds.--Amounts made available to carry
out this subsection for a fiscal year shall be administered
as follows:
``(A) Apportionment.--
``(i) In general.--For the purpose of imposing any penalty
under this title or title 49, the amounts shall be treated as
being apportioned to Puerto Rico under sections 104(b) and
144 (as in effect for fiscal year 1997) for each program
funded under those sections in an amount determined by
multiplying--
``(I) the aggregate of the amounts for the fiscal year; by
``(II) the proportion that--
``(aa) the amount of funds apportioned to Puerto Rico for
each such program for fiscal year 1997; bears to
``(bb) the total amount of funds apportioned to Puerto Rico
for all such programs for fiscal year 1997.
``(ii) Exception.--Funds identified under clause (i) as
having been apportioned for the national highway system, the
surface transportation program, and the Interstate
maintenance program shall be deemed to have been apportioned
50 percent for the national highway performance program and
50 percent for the transportation mobility program for
purposes of imposing such penalties.
``(B) Penalty.--The amounts treated as being apportioned to
Puerto Rico under each section referred to in subparagraph
(A) shall be deemed to be required to be apportioned to
Puerto Rico under that section for purposes of the imposition
of any penalty under this title or title 49.
``(C) Eligible uses of funds.--Of amounts allocated to
Puerto Rico for the Puerto Rico Highway Program for a fiscal
year--
``(i) at least 50 percent shall be available only for
purposes eligible under section 119;
``(ii) at least 25 percent shall be available only for
purposes eligible under section 148; and
``(iii) any remaining funds may be obligated for activities
eligible under chapter 1.
``(3) Effect on apportionments.--Except as otherwise
specifically provided, Puerto Rico shall not be eligible to
receive funds apportioned to States under this title.
``(c) Territorial Highway Program.--
``(1) Territory defined.--In this subsection, the term
`territory' means any of the following territories of the
United States:
``(A) American Samoa.
``(B) The Commonwealth of the Northern Mariana Islands.
``(C) Guam.
``(D) The United States Virgin Islands.
``(2) Program.--
``(A) In general.--Recognizing the mutual benefits that
will accrue to the territories and the United States from the
improvement of highways in the territories, the Secretary may
carry out a program to assist each government of a territory
in the construction and improvement of a system of arterial
and collector highways, and necessary inter-island
connectors, that is--
``(i) designated by the Governor or chief executive officer
of each territory; and
``(ii) approved by the Secretary.
``(B) Federal share.--The Federal share of Federal
financial assistance provided to territories under this
subsection shall be in accordance with section 120(g).
``(3) Technical assistance.--
``(A) In general.--To continue a long-range highway
development program, the Secretary may provide technical
assistance to the governments of the territories to enable
the territories, on a continuing basis--
``(i) to engage in highway planning;
``(ii) to conduct environmental evaluations;
``(iii) to administer right-of-way acquisition and
relocation assistance programs; and
``(iv) to design, construct, operate, and maintain a system
of arterial and collector highways, including necessary
inter-island connectors.
``(B) Form and terms of assistance.--Technical assistance
provided under subparagraph (A), and the terms for the
sharing of information among territories receiving the
technical assistance, shall be included in the agreement
required by paragraph (5).
``(4) Nonapplicability of certain provisions.--
``(A) In general.--Except to the extent that provisions of
this chapter are determined by the Secretary to be
inconsistent with the needs of the territories and the intent
of this subsection, this chapter (other
[[Page S440]]
than provisions of this chapter relating to the apportionment
and allocation of funds) shall apply to funds made available
under this subsection.
``(B) Applicable provisions.--The agreement required by
paragraph (5) for each territory shall identify the sections
of this chapter that are applicable to that territory and the
extent of the applicability of those sections.
``(5) Agreement.--
``(A) In general.--Except as provided in subparagraph (D),
none of the funds made available under this subsection shall
be available for obligation or expenditure with respect to
any territory until the chief executive officer of the
territory has entered into an agreement (including an
agreement entered into under section 215 as in effect on the
day before the enactment of this section) with the Secretary
providing that the government of the territory shall--
``(i) implement the program in accordance with applicable
provisions of this chapter and paragraph (4);
``(ii) design and construct a system of arterial and
collector highways, including necessary inter-island
connectors, in accordance with standards that are--
``(I) appropriate for each territory; and
``(II) approved by the Secretary;
``(iii) provide for the maintenance of facilities
constructed or operated under this subsection in a condition
to adequately serve the needs of present and future traffic;
and
``(iv) implement standards for traffic operations and
uniform traffic control devices that are approved by the
Secretary.
``(B) Technical assistance.--The agreement required by
subparagraph (A) shall--
``(i) specify the kind of technical assistance to be
provided under the program;
``(ii) include appropriate provisions regarding information
sharing among the territories; and
``(iii) delineate the oversight role and responsibilities
of the territories and the Secretary.
``(C) Review and revision of agreement.--The agreement
entered into under subparagraph (A) shall be reevaluated and,
as necessary, revised, at least every 2 years.
``(D) Existing agreements.--With respect to an agreement
under this subsection or an agreement entered into under
section 215 of this title as in effect on the day before the
date of enactment of this subsection--
``(i) the agreement shall continue in force until replaced
by an agreement entered into in accordance with subparagraph
(A); and
``(ii) amounts made available under this subsection under
the existing agreement shall be available for obligation or
expenditure so long as the agreement, or the existing
agreement entered into under subparagraph (A), is in effect.
``(6) Eligible uses of funds.--
``(A) In general.--Funds made available under this
subsection may be used only for the following projects and
activities carried out in a territory:
``(i) Eligible transportation mobility program projects
described in section 133(c).
``(ii) Cost-effective, preventive maintenance consistent
with section 116(d).
``(iii) Ferry boats, terminal facilities, and approaches,
in accordance with subsections (b) and (c) of section 129.
``(iv) Engineering and economic surveys and investigations
for the planning, and the financing, of future highway
programs.
``(v) Studies of the economy, safety, and convenience of
highway use.
``(vi) The regulation and equitable taxation of highway
use.
``(vii) Such research and development as are necessary in
connection with the planning, design, and maintenance of the
highway system.
``(B) Prohibition on use of funds for routine
maintenance.--None of the funds made available under this
subsection shall be obligated or expended for routine
maintenance.
``(7) Location of projects.--Territorial highway program
projects (other than those described in paragraphs (2), (4),
(7), (8), (14), and (19) of section 133(c)) may not be
undertaken on roads functionally classified as local.''.
(b) Conforming Amendments.--
(1) Clerical amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 165 and inserting the following:
``165. Territorial and Puerto Rico highway program.''.
(2) Obsolete text.--Section 215 of that title, and the item
relating to that section in the analysis for chapter 2, are
repealed.
SEC. 1115. NATIONAL FREIGHT PROGRAM.
(a) In General.--Chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 167. National freight program
``(a) National Freight Program.--It is the policy of the
United States to improve the condition and performance of the
national freight network to ensure that the national freight
network provides the foundation for the United States to
compete in the global economy and achieve each goal described
in subsection (b).
``(b) Goals.--The goals of the national freight program
are--
``(1) to invest in infrastructure improvements and to
implement operational improvements that--
``(A) strengthen the contribution of the national freight
network to the economic competitiveness of the United States;
``(B) reduce congestion; and
``(C) increase productivity, particularly for domestic
industries and businesses that create high-value jobs;
``(2) to reduce the environmental impacts of freight
movement on the national freight network;
``(3) to improve the safety, security, and resilience of
freight transportation;
``(4) to improve the state of good repair of the national
freight network;
``(5) to use advanced technology to improve the safety and
efficiency of the national freight network;
``(6) to incorporate concepts of performance, innovation,
competition, and accountability into the operation and
maintenance of the national freight network; and
``(7) to improve the economic efficiency of the national
freight network.
``(c) Establishment of Program.--
``(1) In general.--The Secretary shall establish and
implement a national freight program in accordance with this
section to strategically direct Federal resources toward
improved system performance for efficient movement of freight
on highways, including national highway system freight
intermodal connectors and aerotropolis transportation
systems.
``(2) Network components.--The national freight network
shall consist of--
``(A) the primary freight network, as designated by the
Secretary under subsection (f) (referred to in this section
as the `primary freight network') as most critical to the
movement of freight;
``(B) the portions of the Interstate System not designated
as part of the primary freight network; and
``(C) critical rural freight corridors established under
subsection (g).
``(d) Use of Apportioned Funds.--
``(1) Projects on the national freight network.--At a
minimum, following designation of the primary freight network
under subsection (f), a State shall obligate funds
apportioned under section 104(b)(5) to improve the movement
of freight on the national freight network.
``(2) Location of projects.--A project carried out using
funds apportioned under paragraph (1) shall be located--
``(A) on the primary freight network as described under
subsection (f);
``(B) on a portion of the Interstate System not designated
as primary freight network;
``(C) on roads off of the Interstate System or primary
freight network, if that use of funds will provide--
``(i) a more significant improvement to freight movement on
the Interstate System or the primary freight network; [or]
``(ii) critical freight access to the Interstate System or
the primary freight network; or
``(iii) mitigation of the congestion impacts from freight
movement;
``(D) on a national highway system freight intermodal
connector;
``(E) on critical rural freight corridors, as designated
under subsection (g) (except that not more than 20 percent of
the total anticipated apportionment of a State under section
104(b)(5) during fiscal years 2012 and 2013 may be used for
projects on critical rural freight corridors); or
``(F) within the boundaries of public and private
intermodal facilities, but shall only include surface
infrastructure necessary to facilitate direct intermodal
interchange, transfer, and access into and out of the
facility.
``(3) Primary freight network funding.--Beginning for each
fiscal year after the Secretary designates the primary
freight network, a State shall obligate from funds
apportioned under section 104(b)(5) for the primary freight
network the lesser of--
``(A) an amount equal to the product obtained by
multiplying--
``(i) an amount equal to 110 percent of the apportionment
of the State for the fiscal year under section 104(b)(5); and
``(ii) the proportion that--
``(I) the total designated primary freight network mileage
of the State; bears to
``(II) the sum of the designated primary freight network
mileage of the State and the total Interstate system mileage
of the State that is not designated as part of the primary
freight network; or
``(B) an amount equal to the total apportionment of the
State under section 104(b)(5).
``(e) Eligibility.--
``(1) Eligible projects.--To be eligible for funding under
this section, a project shall demonstrate the improvement
made by the project to the efficient movement of freight on
the national freight network.
``(2) Freight rail and maritime projects.--
``(A) In general.--A State may obligate an amount equal to
not more than 10 percent of the total apportionment to the
State under section 104(b)(5) over the period of fiscal years
2012 and 2013 for public or private freight rail or maritime
projects.
``(B) Eligibility.--For a State to be eligible to obligate
funds in the manner described in subparagraph (A), the
Secretary shall concur with the State that--
``(i) the project for which the State seeks to obligate
funds under this paragraph would make freight rail
improvements to enhance cross-border commerce within 5 miles
of the international border between the United States and
Canada or Mexico or make significant improvement to freight
movements on the national freight network; and
``(ii) the public benefit of the project--
``(I) exceeds the Federal investment; and
[[Page S441]]
``(II) provides a better return than a highway project on a
segment of the primary freight network.
``(3) Eligible project costs.--A State may obligate funds
apportioned to the State under section 104(b)(5) for the
national freight program for any of the following costs of an
eligible project:
``(A) Development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities.
``(B) Construction, reconstruction, rehabilitation,
acquisition of real property (including land relating to the
project and improvements to land), construction
contingencies, acquisition of equipment, and operational
improvements directly relating to improving system
performance, including but not limited to any segment of the
primary freight network that falls below the minimum level
established pursuant to section 119(f).
``(C) Intelligent transportation systems and other
technology to improve the flow of freight.
``(D) Efforts to reduce the environmental impacts of
freight movement on the national freight network.
``(E) Environmental mitigation.
``(F) Railway-highway grade separation.
``(G) Geometric improvements to interchanges and ramps.
``(H) Truck-only lanes.
``(I) Climbing and runaway truck lanes.
``(J) Adding or widening of shoulders.
``(K) Truck parking facilities eligible for funding under
section 1401 of the MAP-21.
``(L) Real-time traffic, truck parking, roadway condition,
and multimodal transportation information systems.
``(M) Electronic screening and credentialing systems for
vehicles, including weigh-in-motion truck inspection
technologies.
``(N) Traffic signal optimization including synchronized
and adaptive signals.
``(O) Work zone management and information systems.
``(P) Highway ramp metering.
``(Q) Electronic cargo and border security technologies
that improve truck freight movement.
``(R) Intelligent transportation systems that would
increase truck freight efficiencies inside the boundaries of
intermodal facilities.
``(S) Any other activities to improve the flow of freight
on the national freight network.
``(4) Other eligible costs.--In addition to eligible
project costs, a State may use funds apportioned under
section 104(b)(5) for the necessary costs of conducting
analyses and data collection to comply with subsection (i) or
diesel retrofits or alternative fuel projects defined under
section 149 for class 8 vehicles.
``(5) Eligible project costs prior to designation of the
primary freight network.--Prior to the date of designation of
the primary freight network, a State may obligate funds
apportioned to the State under section 104(b)(5) to improve
freight movement on the Interstate System for--
``(A) construction, reconstruction, resurfacing,
restoration, and rehabilitation of segments of the Interstate
System;
``(B) operational improvements for segments of the
Interstate System;
``(C) construction of, and operational improvements for, a
Federal-aid highway not on the Interstate System, and
construction of a transit project eligible for assistance
under chapter 53 of title 49, United States Code, if--
``(i) the highway or transit project is in the same
corridor as, and in proximity to a highway designated as a
part of, the Interstate System;
``(ii) the construction or improvements would improve the
level of service on the Interstate System described in
subparagraph (A) and improve freight traffic flow; and
``(iii) the construction or improvements are more cost-
effective for freight movement than an improvement to the
Interstate System described in subparagraph (A);
``(D) highway safety improvements for segments of the
Interstate System;
``(E) transportation planning in accordance with sections
134 and 135;
``(F) the costs of conducting analysis and data collection
to comply with this section;
``(G) truck parking facilities eligible for funding under
section 1401 of the MAP-21;
``(H) infrastructure-based intelligent transportation
systems capital improvements;
``(I) environmental restoration and pollution abatement in
accordance with section 328; and
``(J) in accordance with all applicable Federal law
(including regulations), participation in natural habitat and
wetlands mitigation efforts relating to projects funded under
this title, which may include participation in natural
habitat and wetlands mitigation banks, contributions to
statewide and regional efforts to conserve, restore, enhance,
and create natural habitats and wetlands, and development of
statewide and regional natural habitat and wetlands
conservation and mitigation plans, including any such banks,
efforts, and plans developed in accordance with applicable
Federal law (including regulations), on the conditions that--
``(i) contributions to those mitigation efforts may--
``(I) take place concurrent with or in advance of project
construction; and
``(II) occur in advance of project construction only if the
efforts are consistent with all applicable requirements of
Federal law (including regulations) and State transportation
planning processes; and
``(ii) with respect to participation in a natural habitat
or wetland mitigation effort relating to a project funded
under this title that has an impact that occurs within the
service area of a mitigation bank, preference is given, to
the maximum extent practicable, to the use of the mitigation
bank if the bank contains sufficient available credits to
offset the impact and the bank is approved in accordance with
applicable Federal law (including regulations).
``(f) Designation of Primary Freight Network.--
``(1) Initial designation of primary freight network.--
``(A) Designation.--Not later than 1 year after the date of
enactment of this section, the Secretary shall designate a
primary freight network--
``(i) based on an inventory of national freight volume
conducted by the Administrator of the Federal Highway
Administration, in consultation with stakeholders, including
system users [and transport providers], transport providers,
and States; and
``(ii) that shall be comprised of not more than 27,000
centerline miles of existing roadways that are most critical
to the movement of freight.
``(B) Factors for designation.--In designating the primary
freight network, the Secretary shall consider--
``(i) the origins and destinations of freight movement in
the United States;
``(ii) the total freight tonnage moved by all modes of
transportation;
``(iii) the percentage of annual average daily truck
traffic in the annual average daily traffic on principal
arterials;
``(iv) the annual average daily truck traffic on principal
arterials;
``(v) land and maritime ports of entry;
``(vi) population centers; and
``(vii) network connectivity.
``(2) Additional miles on primary freight network.--In
addition to the miles initially designated under paragraph
(1), the Secretary may increase the number of miles
designated as part of the primary freight network by not more
than 3,000 additional centerline miles of roadways (which may
include existing or planned roads) critical to future
efficient movement of goods on the primary freight network.
``(3) Redesignation of primary freight network.--During
calendar year 2015 and every 10 years thereafter, using the
designation factors described in paragraph (1), the Secretary
shall redesignate the primary freight network (including
additional mileage described in subsection (f)(2)).
``(g) Critical Rural Freight Corridors.--A State may
designate a road within the borders of the State as a
critical rural freight corridor if the road--
``(1) is a rural principal arterial roadway and has a
minimum of 25 percent of the annual average daily traffic of
the road measured in passenger vehicle equivalent units from
trucks (FHWA vehicle class 8 to 13); or
``(2) connects the primary freight [network] network, a
roadway described in paragraph (1), or Interstate System to
facilities that handle more than--
``(A) 50,000 20-foot equivalent units per year; or
``(B) 500,000 tons per year of bulk commodities.
``(h) National Freight Strategic Plan.--
``(1) Initial development of national freight strategic
plan.--Not later than 3 years after the date of enactment of
this section, the Secretary shall, in consultation with
appropriate public and private transportation stakeholders,
develop and post on the Department of Transportation public
website a national freight strategic plan that shall
include--
``(A) an assessment of the condition and performance of the
national freight network;
``(B) an identification of highway bottlenecks on the
national freight network that create significant freight
congestion problems;
``(C) forecasts of freight volumes for the 20-year period
beginning in the year during which the plan is issued;
``(D) an identification of major trade gateways and
national freight corridors that connect major population
centers, trade gateways, and other major freight generators
for current and forecasted traffic and freight volumes, the
identification of which shall be revised, as appropriate, in
subsequent plans;
``(E) an assessment of statutory, regulatory,
technological, institutional, financial, and other barriers
to improved freight transportation performance (including
opportunities for overcoming the barriers);
``(F) best practices for improving the performance of the
national freight network;
``(G) best practices to mitigate the impacts of freight
movement on communities;
``(H) a process for addressing multistate projects and
encouraging jurisdictions to collaborate; and
``(I) strategies to improve maritime, freight rail, and
freight intermodal connectivity.
``(2) Updates to national freight strategic plan.--Not
later than 5 years after the date of completion of the first
national freight strategic plan under paragraph (1), and
every 5 years thereafter, the Secretary shall update and
repost on the Department of Transportation public website a
revised national freight strategic plan.
[[Page S442]]
``(i) Freight Performance Targets.--
``(1) Rulemaking.--Not later than 2 years after the date of
enactment of this section, the Secretary, in consultation
with State departments of transportation and other
appropriate public and private transportation stakeholders,
shall publish a rulemaking that establishes [quantifiable]
performance measures for freight movement on the primary
freight network.
``(2) State targets and reporting.--Not later than 1 year
after the date on which the Secretary publishes the
rulemaking under paragraph (1), each State shall--
``(A) develop and periodically update State performance
targets for freight movement on the primary freight network--
``(i) in consultation with appropriate public and private
stakeholders; and
``(ii) using measures determined by the Secretary; and
``(B) for every 2-year period, submit to the Secretary a
report that contains a description of--
``(i) the progress of the State toward meeting the targets;
and
``(ii) the ways in which the State is addressing congestion
at freight bottlenecks within the State.
``(3) Compliance.--
``(A) Performance targets.--To obligate funding apportioned
under section 104(b)(5), each State shall develop performance
targets in accordance with paragraph (2).
``(B) Determination of secretary.--If the Secretary
determines that a State has not met or made significant
progress toward meeting the performance targets of the State
by the date that is 2 years after the date of establishment
of the performance targets, until the date on which the
Secretary determines that the State has met (or has made
significant progress towards meeting) the State performance
targets, the State shall submit to the Secretary, on a
biennial basis, a freight performance improvement plan that
includes--
``(i) an identification of significant freight system
trends, needs, and issues within the State;
``(ii) a description of the freight policies and strategies
that will guide the freight-related transportation
investments of the State;
``(iii) an inventory of freight bottlenecks within the
State and a description of the ways in which the State is
allocating funds to improve those bottlenecks; and
``(iv) a description of the actions the State will
undertake to meet the performance targets of the State.
``(j) Freight Transportation Conditions and Performance
Reports.--Not later than 2 years after the date of enactment
of this section, and biennially thereafter, the Secretary
shall prepare a report that contains a description of the
conditions and performance of the national freight network in
the United States.
``(k) Transportation Investment Data and Planning Tools.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall--
``(A) begin development of new tools and improvement of
existing tools or improve existing tools to support an
outcome-oriented, performance-based approach to evaluate
proposed freight-related and other transportation projects,
including--
``(i) methodologies for systematic analysis of benefits and
costs;
``(ii) tools for ensuring that the evaluation of freight-
related and other transportation projects could consider
safety, economic competitiveness, environmental
sustainability, and system condition in the project selection
process; and
``(iii) other elements to assist in effective
transportation planning;
``(B) identify transportation-related model data elements
to support a broad range of evaluation methods and techniques
to assist in making transportation investment decisions; and
``(C) at a minimum, in consultation with other relevant
Federal agencies, consider any improvements to existing
freight flow data collection efforts that could reduce
identified freight data gaps and deficiencies and help
improve forecasts of freight transportation demand.
``(2) Consultation.--The Secretary shall consult with
Federal, State, and other stakeholders to develop, improve,
and implement the tools and collect the data in paragraph
(1).
``(l) Definition of Aerotropolis Transportation System.--
For the purposes of this section, the term `aerotropolis
transportation system' means a planned and coordinated
multimodal freight and passenger transportation network that,
as determined by the Secretary, provides efficient, cost-
effective, sustainable, and intermodal connectivity to a
defined region of economic significance centered around a
major airport.
``(m) Treatment of Projects.--Notwithstanding any other
provision of law, projects funded under this section shall be
treated as projects on a Federal-aid [system] highway under
this chapter.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by adding at the end
the following:
``167. National freight program.''.
SEC. 1116. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.
(a) In General.--Chapter 2 of title 23, United States Code,
is amended by striking sections 201 through 204 and inserting
the following:
``Sec. 201. Federal lands and tribal transportation programs
``(a) Purpose.--Recognizing the need for all public Federal
and tribal transportation facilities to be treated under
uniform policies similar to the policies that apply to
Federal-aid highways and other public transportation
facilities, the Secretary of Transportation, in collaboration
with the Secretaries of the appropriate Federal land
management agencies, shall coordinate a uniform policy for
all public Federal and tribal transportation facilities that
shall apply to Federal lands transportation facilities,
tribal transportation facilities, and Federal lands access
transportation facilities.
``(b) Availability of Funds.--
``(1) Availability.--Funds authorized for the tribal
transportation program, the Federal lands transportation
program, and the Federal lands access program shall be
available for contract upon apportionment, or on October 1 of
the fiscal year for which the funds were authorized if no
apportionment is required.
``(2) Amount remaining.--Any amount remaining unexpended
for a period of 3 years after the close of the fiscal year
for which the funds were authorized shall lapse.
``(3) Obligations.--The Secretary of the department
responsible for the administration of funds under this
subsection may incur obligations, approve projects, and enter
into contracts under such authorizations, which shall be
considered to be contractual obligations of the United States
for the payment of the cost thereof, the funds of which shall
be considered to have been expended when obligated.
``(4) Expenditure.--
``(A) In general.--Any funds authorized for any fiscal year
after the date of enactment of this section under the Federal
lands transportation program, the Federal lands access
program, and the tribal transportation program shall be
considered to have been expended if a sum equal to the total
of the sums authorized for the fiscal year and previous
fiscal years have been obligated.
``(B) Credited funds.--Any funds described in subparagraph
(A) that are released by payment of final voucher or
modification of project authorizations shall be--
``(i) credited to the balance of unobligated
authorizations; and
``(ii) immediately available for expenditure.
``(5) Applicability.--This section shall not apply to funds
authorized before the date of enactment of this paragraph.
``(6) Contractual obligation.--
``(A) In general.--Notwithstanding any other provision of
law (including regulations), the authorization by the
Secretary, or the Secretary of the appropriate Federal land
management agency if the agency is the contracting office, of
engineering and related work for the development, design, and
acquisition associated with a construction project, whether
performed by contract or agreement authorized by law, or the
approval by the Secretary of plans, specifications, and
estimates for construction of a project, shall be considered
to constitute a contractual obligation of the Federal
Government to pay the total eligible cost of--
``(i) any project funded under this title; and
``(ii) any project funded pursuant to agreements authorized
by this title or any other title.
``(B) Effect.--Nothing in this paragraph--
``(i) affects the application of the Federal share
associated with the project being undertaken under this
section; or
``(ii) modifies the point of obligation associated with
Federal salaries and expenses.
``(7) Federal share.--
``(A) Tribal and federal lands transportation program.--The
Federal share of the cost of a project carried out under the
Federal lands transportation program or the tribal
transportation program shall be 100 percent.
``(B) Federal lands access program.--The Federal share of
the cost of a project carried out under the Federal lands
access program shall be determined in accordance with section
120.
``(c) Transportation Planning.--
``(1) Transportation planning procedures.--In consultation
with the Secretary of each appropriate Federal land
management agency, the Secretary shall implement
transportation planning procedures for Federal lands and
tribal transportation facilities that are consistent with the
planning processes required under sections 134 and 135.
``(2) Approval of transportation improvement program.--The
transportation improvement program developed as a part of the
transportation planning process under this section shall be
approved by the Secretary.
``(3) Inclusion in other plans.--Each regionally
significant tribal transportation program, Federal lands
transportation program, and Federal lands access program
project shall be--
``(A) developed in cooperation with State and metropolitan
planning organizations; and
``(B) included in appropriate tribal transportation program
plans, Federal lands transportation program plans, Federal
lands access program plans, State and metropolitan plans, and
transportation improvement programs.
``(4) Inclusion in state programs.--The approved tribal
transportation program,
[[Page S443]]
Federal lands transportation program, and Federal lands
access program transportation improvement programs shall be
included in appropriate State and metropolitan planning
organization plans and programs without further action on the
transportation improvement program.
``(5) Asset management.--The Secretary and the Secretary of
each appropriate Federal land management agency shall, to the
extent appropriate, implement safety, bridge, pavement, and
congestion management systems for facilities funded under the
tribal transportation program and the Federal lands
transportation program in support of asset management.
``(6) Data collection.--
``(A) Data collection.--The Secretaries of the appropriate
Federal land management agencies shall collect and report
data necessary to implement the Federal lands transportation
program, the Federal lands access program, and the tribal
transportation program, including--
``(i) inventory and condition information on Federal lands
transportation facilities and tribal transportation
facilities; and
``(ii) bridge inspection and inventory information on any
Federal bridge open to the public.
``(B) Standards.--The Secretary, in coordination with the
Secretaries of the appropriate Federal land management
agencies, shall define the collection and reporting data
standards.
``(7) Administrative expenses.--To implement the activities
described in this subsection, including direct support of
transportation planning activities among Federal land
management agencies, the Secretary may use not more than 5
percent for each fiscal year of the funds authorized for
programs under sections 203 and 204.
``(d) Reimbursable Agreements.--In carrying out work under
reimbursable agreements with any State, local, or tribal
government under this title, the Secretary--
``(1) may, without regard to any other provision of law
(including regulations), record obligations against accounts
receivable from the entity; and
``(2) shall credit amounts received from the entity to the
appropriate account, which shall occur not later than 90 days
after the date of the original request by the Secretary for
payment.
``(e) Transfers.--
``(1) In general.--To enable the efficient use of funds
made available for the Federal lands transportation program
and the Federal lands access program, the funds may be
transferred by the Secretary within and between each program
with the concurrence of, as appropriate--
``(A) the Secretary;
``(B) the affected Secretaries of the respective Federal
land management agencies;
``(C) State departments of transportation; and
``(D) local government agencies.
``(2) Credit.--The funds described in paragraph (1) shall
be credited back to the loaning entity with funds that are
currently available for obligation at the time of the credit.
``Sec. 202. Tribal transportation program
``(a) Use of Funds.--
``(1) In general.--Funds made available under the tribal
transportation program shall be used by the Secretary of
Transportation and the Secretary of the Interior to pay the
costs of--
``(A)(i) transportation planning, research, maintenance,
engineering, rehabilitation, restoration, construction, and
reconstruction of tribal transportation facilities;
``(ii) adjacent vehicular parking areas;
``(iii) interpretive signage;
``(iv) acquisition of necessary scenic easements and scenic
or historic sites;
``(v) provisions for pedestrians and bicycles;
``(vi) environmental mitigation in or adjacent to tribal
land--
``(I) to improve public safety and reduce vehicle-caused
wildlife mortality while maintaining habitat connectivity;
and
``(II) to mitigate the damage to wildlife, aquatic organism
passage, habitat, and ecosystem connectivity, including the
costs of constructing, maintaining, replacing, or removing
culverts and bridges, as appropriate;
``(vii) construction and reconstruction of roadside rest
areas, including sanitary and water facilities; and
``(viii) other appropriate public road facilities as
determined by the Secretary;
``(B) operation and maintenance of transit programs and
facilities that are located on, or provide access to, tribal
land, or are administered by a tribal government; and
``(C) any transportation project eligible for assistance
under this title that is located within, or that provides
access to, tribal land, or is associated with a tribal
government.
``(2) Contract.--In connection with an activity described
in paragraph (1), the Secretary and the Secretary of the
Interior may enter into a contract or other appropriate
agreement with respect to the activity with--
``(A) a State (including a political subdivision of a
State); or
``(B) an Indian tribe.
``(3) Indian labor.--Indian labor may be employed, in
accordance with such rules and regulations as may be
promulgated by the Secretary of the Interior, to carry out
any construction or other activity described in paragraph
(1).
``(4) Federal employment.--No maximum limitation on Federal
employment shall be applicable to the construction or
improvement of tribal transportation facilities.
``(5) Funds for construction and improvement.--All funds
made available for the construction and improvement of tribal
transportation facilities shall be administered in conformity
with regulations and agreements jointly approved by the
Secretary and the Secretary of the Interior.
``(6) Administrative expenses.--
``(A) In general.--Of the funds authorized to be
appropriated for the tribal transportation program, not more
than 6 percent may be used by the Secretary or the Secretary
of the Interior for program management and oversight and
project-related administrative expenses.
``(B) Reservation of funds.--The Secretary of the Interior
may reserve amounts from administrative funds of the Bureau
of Indian Affairs that are associated with the tribal
transportation program to fund tribal technical assistance
centers under section 504(b).
``(7) Maintenance.--
``(A) Use of funds.--Notwithstanding any other provision of
this title, of the amount of funds allocated to an Indian
tribe from the tribal transportation program, for the purpose
of maintenance (excluding road sealing, which shall not be
subject to any limitation), the Secretary shall not use an
amount more than the greater of--
``(i) an amount equal to 25 percent; or
``(ii) $500,000.
``(B) Responsibility of bureau of indian affairs and
secretary of the interior.--
``(i) Bureau of indian affairs.--The Bureau of Indian
Affairs shall retain primary responsibility, including annual
funding request responsibility, for Bureau of Indian Affairs
road maintenance programs on Indian reservations.
``(ii) Secretary of the interior.--The Secretary of the
Interior shall ensure that funding made available under this
subsection for maintenance of tribal transportation
facilities for each fiscal year is supplementary to, and not
in lieu of, any obligation of funds by the Bureau of Indian
Affairs for road maintenance programs on Indian reservations.
``(C) Tribal-state road maintenance agreements.--
``(i) In general.--An Indian tribe and a State may enter
into a road maintenance agreement under which an Indian tribe
shall assume the responsibility of the State for--
``(I) tribal transportation facilities; and
``(II) roads providing access to tribal transportation
facilities.
``(ii) Requirements.--Agreements entered into under clause
(i) shall--
``(I) be negotiated between the State and the Indian tribe;
and
``(II) not require the approval of the Secretary.
``(8) Cooperation.--
``(A) In general.--The cooperation of States, counties, or
other local subdivisions may be accepted in construction and
improvement.
``(B) Funds received.--Any funds received from a State,
county, or local subdivision shall be credited to
appropriations available for the tribal transportation
program.
``(9) Competitive bidding.--
``(A) Construction.--
``(i) In general.--Subject to clause (ii) and subparagraph
(B), construction of each project shall be performed by
contract awarded by competitive bidding.
``(ii) Exception.--Clause (i) shall not apply if the
Secretary or the Secretary of the Interior affirmatively
finds that, under the circumstances relating to the project,
a different method is in the public interest.
``(B) Applicability.--Notwithstanding subparagraph (A),
section 23 of the Act of June 25, 1910 (25 U.S.C. 47) and
section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450e(b)) shall apply to all funds
administered by the Secretary of the Interior that are
appropriated for the construction and improvement of tribal
transportation facilities.
``(b) Funds Distribution.--
``(1) National tribal transportation facility inventory.--
``(A) In general.--The Secretary of the Interior, in
cooperation with the Secretary, shall maintain a
comprehensive national inventory of tribal transportation
facilities that are eligible for assistance under the tribal
transportation program.
``(B) Transportation facilities included in the
inventory.--For purposes of identifying the tribal
transportation system and determining the relative
transportation needs among Indian tribes, the Secretary shall
include, at a minimum, transportation facilities that are
eligible for assistance under the tribal transportation
program that an Indian tribe has requested, including
facilities that--
``(i) were included in the Bureau of Indian Affairs system
inventory prior to October 1, 2004;
``(ii) are owned by an Indian tribal government;
``(iii) are owned by the Bureau of Indian Affairs;
``(iv) were constructed or reconstructed with funds from
the Highway Account of the Transportation Trust Fund under
the Indian reservation roads program since 1983;
``(v) are public roads or bridges within the exterior
boundary of Indian reservations, Alaska Native villages, and
other recognized
[[Page S444]]
Indian communities (including communities in former Indian
reservations in the State of Oklahoma) in which the majority
of residents are American Indians or Alaska Natives; [or]
``(vi) are public roads within or providing access to an
Indian reservation or Indian trust land or restricted Indian
land that is not subject to fee title alienation without the
approval of the Federal Government, or Indian or Alaska
Native villages, groups, or communities in which Indians and
Alaska Natives reside, whom the Secretary of the Interior has
determined are eligible for services generally available to
Indians under Federal laws specifically applicable to
Indians; or
``[(vi)](vii) are primary access routes proposed by tribal
governments, including roads between villages, roads to
landfills, roads to drinking water sources, roads to natural
resources identified for economic development, and roads that
provide access to intermodal terminals, such as airports,
harbors, or boat landings.
``(C) Limitation on primary access routes.--For purposes of
this paragraph, a proposed primary access route is the
shortest practicable route connecting 2 points of the
proposed route.
``(D) Additional facilities.--Nothing in this paragraph
precludes the Secretary from including additional
transportation facilities that are eligible for funding under
the tribal transportation program in the inventory used for
the national funding allocation if such additional facilities
are included in the inventory in a uniform and consistent
manner nationally.
``(E) Bridges.--All bridges in the inventory shall be
recorded in the national bridge inventory administered by the
Secretary under section 144.
``(2) Regulations.--Notwithstanding sections 563(a) and
565(a) of title 5, the Secretary of the Interior shall
maintain any regulations governing the tribal transportation
program.
``(3) Basis for funding formula.--
``(A) Basis.--
``(i) In general.--After making the set asides authorized
under subsections (a)(6), (c), (d), and (e) on October 1 of
each fiscal year, the Secretary shall distribute the
remainder authorized to be appropriated for the tribal
transportation program under this section among Indian tribes
as follows:
``(I) For fiscal year 2012--
[``(aa) 50 percent, equal to the ratio that the amount
allocated to each tribe for fiscal year 2011 bears to the
total amount allocated to all tribes for that fiscal year;
and]
``(aa) 50 percent, equal to the ratio that the amount
allocated to each tribe as a tribal share for fiscal year
2011 bears to the total tribal share amount allocated to all
tribes for that fiscal year; and
``(bb) the remainder using tribal shares as described in
subparagraphs (B) and (C).
``(II) For fiscal year 2013 and thereafter, using tribal
shares as described in subparagraphs (B) and (C).
``(ii) Tribal high priority projects.--The High Priority
Projects program as included in the Tribal Transportation
Allocation Methodology of part 170 of title 25, Code of
Federal Regulations (as in effect on the date of enactment of
the MAP-21), shall not continue in effect.
``(B) Tribal shares.--Tribal shares under this program
shall be determined using the national tribal transportation
facility inventory as calculated for fiscal year 2012, and
the most recent data on American Indian and Alaska Native
population within each Indian tribe's American Indian/Alaska
Native Reservation or Statistical Area, as computed under the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4101 et seq.), in the following manner:
``(i) 20 percent in the ratio that the total eligible lane
mileage in each tribe bears to the total eligible lane
mileage of all American Indians and Alaskan Natives. For the
purposes of this calculation--
``(I) eligible lane mileage shall be computed based on the
inventory described in paragraph (1), using only facilities
included in the inventory described in clause (i), (ii), or
(iii) of paragraph (1)(B); and
``(II) paved roads and gravel surfaced roads are deemed to
equal 2 lane miles per mile of inventory, and earth surfaced
roads and unimproved roads shall be deemed to equal 1 lane
mile per mile of inventory.
``(ii) 40 percent in the ratio that the total population in
each tribe bears to the total population of all American
Indians and Alaskan Natives.
``(iii) 40 percent shall be divided equally among each
Bureau of Indian Affairs region for distribution of tribal
shares as follows:
``(I) \1/4\ of 1 percent shall be distributed equally among
Indian tribes with populations of 1 to 25.
``(II) \3/4\ of 1 percent shall be distributed equally
among Indian tribes with populations of 26 to 100.
``(III) 3\3/4\ percent shall be distributed equally among
Indian tribes with populations of 101 to 1,000.
``(IV) 20 percent shall be distributed equally among Indian
tribes with populations of 1,001 to 10,000.
``(V) 74\3/4\ percent shall be distributed equally among
Indian tribes with populations of 10,001 to 60,000 where 3 or
more Indian tribes occupy this category in a single Bureau of
Indian Affairs region, and Bureau of Indian Affairs regions
containing less than 3 Indian tribes in this category shall
receive funding in accordance with subclause (IV) and clause
(iv).
``(VI) \1/2\ of 1 percent shall be distributed equally
among Indian tribes with populations of 60,001 or more.
``(iv) For a Bureau of Indian Affairs region that has no
Indian tribes meeting the population criteria under 1 or more
of subclauses (I) through (VI) of clause (iii), the region
shall redistribute any funds subject to such clause or
clauses among any such clauses for which the region has
Indian tribes meeting such criteria proportionally in
accordance with the percentages listed in such clauses until
such funds are completely distributed.
``(C) Tribal supplemental funding.--
``(i) Tribal supplemental funding amount.--Of funds made
available for each fiscal year for the tribal transportation
program, the Secretary shall set aside the following amount
for a tribal supplemental program:
``(I) If the amount made available for the tribal
transportation program is less than or equal to $275,000,000,
10 percent of such amount.
``(II) If the amount made available for the tribal
transportation program exceeds $275,000,000--
``(aa) $27,500,000; plus
``(bb) 12.5 percent of the amount made available for the
tribal transportation program in excess of $275,000,000.
``(ii) Tribal supplemental allocation.--The Secretary shall
distribute tribal supplemental funds as follows:
``(I) Distribution among regions.--Of the amounts set aside
under clause (i), the Secretary shall distribute to each
region of the Bureau of Indian Affairs a share of tribal
supplemental funds in proportion to the regional total of
tribal shares based on the cumulative tribal shares of all
Indian tribes within such region under subparagraph (B).
``(II) Distribution within a region.--Of the amount that a
region receives under subclause (I), the Secretary shall
distribute tribal supplemental funding among Indian tribes
within such region as follows:
``(aa) Tribal supplemental amounts.--The Secretary shall
determine--
``(AA) which such Indian tribes would be entitled under
subparagraph (A) to receive in a fiscal year less funding
than they would receive in fiscal year 2011 pursuant to the
Tribal Transportation Allocation Methodology described in
subpart C of part 170 of title 25, Code of Federal
Regulations (as in effect on the date of enactment of the
MAP-21); and
``(BB) the combined amount that such Indian tribes would be
entitled to receive in fiscal year 2011 pursuant to such
Tribal Transportation Allocation Methodology in excess of the
amount that they would be entitled to receive in the fiscal
year under subparagraph (B); and
``(bb) Subject to subclause (III), distribute to each
Indian tribe that meets the criteria described in item
(aa)(AA) a share of funding under this subparagraph in
proportion to the share of the combined amount determined
under item (aa)(BB) attributable to such Indian tribe.
``(III) Ceiling.--An Indian tribe may not receive under
subclause (II) and based on its tribal share under
subparagraph (A) a combined amount that exceeds the amount
that such Indian tribe would be entitled to receive in fiscal
year 2011 pursuant to the Tribal Transportation Allocation
Methodology described in subpart C of part 170 of title 25,
Code of Federal Regulations (as in effect on the date of
enactment of the MAP-21).
``(IV) Other amounts.--If the amount made available for a
region under subclause (I) exceeds the amount distributed
among Indian tribes within that region under subclause (II),
the Secretary shall distribute the remainder of such region's
funding under such subclause among all Indian tribes in that
region in proportion to the combined amount that each such
Indian tribe received under subparagraph (A) and subclauses
(I), (II), and (III).
``(4) Transferred funds.--
``(A) In general.--Not later than 30 days after the date on
which funds are made available to the Secretary of the
Interior under this paragraph, the funds shall be distributed
to, and made available for immediate use by, eligible Indian
tribes, in accordance with the formula for distribution of
funds under the tribal transportation program.
``(B) Use of funds.--Notwithstanding any other provision of
this section, funds made available to Indian tribes for
tribal transportation facilities shall be expended on
projects identified in a transportation improvement program
approved by the Secretary.
``(5) Health and safety assurances.--Notwithstanding any
other provision of law, an Indian tribal government may
approve plans, specifications, and estimates and commence
road and bridge construction with funds made available from
the tribal transportation program through a contract or
agreement under Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.), if the Indian tribal
government--
``(A) provides assurances in the contract or agreement that
the construction will meet or exceed applicable health and
safety standards;
``(B) obtains the advance review of the plans and
specifications from a State-licensed civil engineer that has
certified that the plans and specifications meet or exceed
the applicable health and safety standards; and
[[Page S445]]
``(C) provides a copy of the certification under
subparagraph (A) to the Deputy Assistant Secretary for Tribal
Government Affairs, Department of Transportation, or the
Assistant Secretary for Indian Affairs, Department of the
Interior, as appropriate.
``(6) Contracts and agreements with indian tribes.--
``(A) In general.--Notwithstanding any other provision of
law or any interagency agreement, program guideline, manual,
or policy directive, all funds made available through the
Secretary of the Interior under this chapter and section
125(e) for tribal transportation facilities to pay for the
costs of programs, services, functions, and activities, or
portions of programs, services, functions, or activities,
that are specifically or functionally related to the cost of
planning, research, engineering, and construction of any
tribal transportation facility shall be made available, upon
request of the Indian tribal government, to the Indian tribal
government for contracts and agreements for such planning,
research, engineering, and construction in accordance with
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
``(B) Exclusion of agency participation.--All funds,
including contract support costs, for programs, functions,
services, or activities, or portions of programs, services,
functions, or activities, including supportive administrative
functions that are otherwise contractible to which
subparagraph (A) applies, shall be paid in accordance with
subparagraph (A), without regard to the organizational level
at which the Department of the Interior has previously
carried out such programs, functions, services, or
activities.
``(7) Contracts and agreements with indian tribes.--
``(A) In general.--Notwithstanding any other provision of
law or any interagency agreement, program guideline, manual,
or policy directive, all funds made available through the
Secretary of the Interior to an Indian tribal government
under this chapter for a tribal transportation facility
program or project shall be made available, on the request of
the Indian tribal government, to the Indian tribal government
for use in carrying out, in accordance with the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.), contracts and agreements for the planning, research,
design, engineering, construction, and maintenance relating
to the program or project.
``(B) Exclusion of agency participation.--In accordance
with subparagraph (A), all funds, including contract support
costs, for a program or project to which subparagraph (A)
applies shall be paid to the Indian tribal government without
regard to the organizational level at which the Department of
the Interior has previously carried out, or the Department of
Transportation has previously carried out under the tribal
transportation program, the programs, functions, services, or
activities involved.
``(C) Consortia.--Two or more Indian tribes that are
otherwise eligible to participate in a program or project to
which this chapter applies may form a consortium to be
considered as a single Indian tribe for the purpose of
participating in the project under this section.
``(D) Secretary as signatory.--Notwithstanding any other
provision of law, the Secretary is authorized to enter into a
funding agreement with an Indian tribal government to carry
out a tribal transportation facility program or project under
subparagraph (A) that is located on an Indian reservation or
provides access to the reservation or a community of the
Indian tribe.
``(E) Funding.--The amount an Indian tribal government
receives for a program or project under subparagraph (A)
shall equal the sum of the funding that the Indian tribal
government would otherwise receive for the program or project
in accordance with the funding formula established under this
subsection and such additional amounts as the Secretary
determines equal the amounts that would have been withheld
for the costs of the Bureau of Indian Affairs for
administration of the program or project.
``(F) Eligibility.--
``(i) In general.--Subject to clause (ii) and the approval
of the Secretary, funds may be made available under
subparagraph (A) to an Indian tribal government for a program
or project in a fiscal year only if the Indian tribal
government requesting such funds demonstrates to the
satisfaction of the Secretary financial stability and
financial management capability during the 3 fiscal years
immediately preceding the fiscal year for which the request
is being made.
``(ii) Considerations.--An Indian tribal government that
had no uncorrected significant and material audit exceptions
in the required annual audit of the contracts or self-
governance funding agreements made by the Indian tribe with
any Federal agency under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.) during the
3-fiscal year period referred in clause (i) shall be
conclusive evidence of the financial stability and financial
management capability of the Indian tribe for purposes of
clause (i).
``(G) Assumption of functions and duties.--An Indian tribal
government receiving funding under subparagraph (A) for a
program or project shall assume all functions and duties that
the Secretary of the Interior would have performed with
respect to a program or project under this chapter, other
than those functions and duties that inherently cannot be
legally transferred under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
``(H) Powers.--An Indian tribal government receiving
funding under subparagraph (A) for a program or project shall
have all powers that the Secretary of the Interior would have
exercised in administering the funds transferred to the
Indian tribal government for such program or project under
this section if the funds had not been transferred, except to
the extent that such powers are powers that inherently cannot
be legally transferred under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.).
``(I) Dispute resolution.--In the event of a disagreement
between the Secretary or the Secretary of the Interior and an
Indian tribe over whether a particular function, duty, or
power may be lawfully transferred to the Indian tribe under
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.), the Indian tribe shall have the
right to pursue all alternative dispute resolution and appeal
procedures authorized by that Act, including regulations
issued to carry out the Act.
``(J) Termination of contract or agreement.--On the date of
the termination of a contract or agreement under this section
by an Indian tribal government, the Secretary shall transfer
all funds that would have been allocated to the Indian tribal
government under the contract or agreement to the Secretary
of the Interior to provide continued transportation services
in accordance with applicable law.
``(c) Planning.--
``(1) In general.--For each fiscal year, not more than 2
percent of the funds made available for the tribal
transportation program shall be allocated among Indian tribal
governments that apply for transportation planning pursuant
to the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.).
``(2) Requirement.--An Indian tribal government, in
cooperation with the Secretary of the Interior and, as
appropriate, with a State, local government, or metropolitan
planning organization, shall carry out a transportation
planning process in accordance with section 201(c).
``(3) Selection and approval of projects.--A project funded
under this section shall be--
``(A) selected by the Indian tribal government from the
transportation improvement program; and
``(B) subject to the approval of the Secretary of the
Interior and the Secretary.
``(d) Tribal Transportation Facility Bridges.--
``(1) Nationwide priority program.--The Secretary shall
maintain a nationwide priority program for improving
deficient bridges eligible for the tribal transportation
program.
``(2) Funding.--Before making any distribution under
subsection (b), the Secretary shall set aside not more than 2
percent of the funds made available under the tribal
transportation program for each fiscal year to be allocated--
``(A) to carry out any planning, design, engineering,
preconstruction, construction, and inspection of a project to
replace, rehabilitate, seismically retrofit, paint, apply
calcium magnesium acetate, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-icing
and deicing composition; or
``(B) to implement any countermeasure for deficient tribal
transportation facility bridges, including multiple-pipe
culverts.
``(3) Eligible bridges.--To be eligible to receive funding
under this subsection, a bridge described in paragraph (1)
shall--
``(A) have an opening of not less than 20 feet;
``(B) be classified as a tribal transportation facility;
and
``(C) be structurally deficient or functionally obsolete.
``(4) Approval requirement.--The Secretary may make funds
available under this subsection for preliminary engineering,
construction, and construction engineering activities after
approval of required documentation and verification of
eligibility in accordance with this title.
``(e) Safety.--
``(1) Funding.--Before making any distribution under
subsection (b), the Secretary shall set aside not more than 2
percent of the funds made available under the tribal
transportation program for each fiscal year to be allocated
based on an identification and analysis of highway safety
issues and opportunities on tribal land, as determined by the
Secretary, on application of the Indian tribal governments
for eligible projects described in section 148(a)(4).
``(2) Project selection.--An Indian tribal government, in
cooperation with the Secretary of the Interior and, as
appropriate, with a State, local government, or metropolitan
planning organization, shall select projects from the
transportation improvement program, subject to the approval
of the Secretary and the Secretary of the Interior.
``(f) Federal-aid Eligible Projects.--Before approving as a
project on a tribal transportation facility any project
eligible for funds apportioned under section 104 in a State,
the Secretary shall, for projects on tribal transportation
facilities, determine that the obligation of funds for the
project is supplementary to and not in lieu of the obligation
of a fair and equitable share of funds apportioned to the
State under section 104.
[[Page S446]]
``Sec. 203. Federal lands transportation program
``(a) Use of Funds.--
``(1) In general.--Funds made available under the Federal
lands transportation program shall be used by the Secretary
of Transportation and the Secretary of the appropriate
Federal land management agency to pay the costs of--
``(A) program administration, transportation planning,
research, preventive maintenance, engineering,
rehabilitation, restoration, construction, and reconstruction
of Federal lands transportation facilities, and--
``(i) adjacent vehicular parking areas;
``(ii) acquisition of necessary scenic easements and scenic
or historic sites;
``(iii) provision for pedestrians and bicycles;
``(iv) environmental mitigation in or adjacent to Federal
land open to the public--
``(I) to improve public safety and reduce vehicle-caused
wildlife mortality while maintaining habitat connectivity;
and
``(II) to mitigate the damage to wildlife, aquatic organism
passage, habitat, and ecosystem connectivity, including the
costs of constructing, maintaining, replacing, or removing
culverts and bridges, as appropriate;
``(v) construction and reconstruction of roadside rest
areas, including sanitary and water facilities;
``(vi) congestion mitigation; and
``(vii) other appropriate public road facilities, as
determined by the Secretary;
``(B) operation and maintenance of transit facilities; and
``(C) any transportation project eligible for assistance
under this title that is on a public road within or adjacent
to, or that provides access to, Federal lands open to the
public.
``(2) Contract.--In connection with an activity described
in paragraph (1), the Secretary and the Secretary of the
appropriate Federal land management agency may enter into a
contract or other appropriate agreement with respect to the
activity with--
``(A) a State (including a political subdivision of a
State); or
``(B) an Indian tribe.
``(3) Administration.--All appropriations for the
construction and improvement of Federal lands transportation
facilities shall be administered in conformity with
regulations and agreements jointly approved by the Secretary
and the Secretary of the appropriate Federal land managing
agency.
``(4) Cooperation.--
``(A) In general.--The cooperation of States, counties, or
other local subdivisions may be accepted in construction and
improvement.
``(B) Funds received.--Any funds received from a State,
county, or local subdivision shall be credited to
appropriations available for the class of Federal lands
transportation facilities to which the funds were
contributed.
``(5) Competitive bidding.--
``(A) In general.--Subject to subparagraph (B),
construction of each project shall be performed by contract
awarded by competitive bidding.
``(B) Exception.--Subparagraph (A) shall not apply if the
Secretary or the Secretary of the appropriate Federal land
management agency affirmatively finds that, under the
circumstances relating to the project, a different method is
in the public interest.
``(b) Agency Program Distributions.--
``(1) In general.--On October 1, 2011, and on October 1 of
each fiscal year thereafter, the Secretary shall allocate the
sums authorized to be appropriated for the fiscal year for
the Federal lands transportation program on the basis of
applications of need, as determined by the Secretary--
``(A) in consultation with the Secretaries of the
applicable Federal land management agencies; and
``(B) in coordination with the transportation plans
required under section 201 of the respective transportation
systems of--
``(i) the National Park Service;
``(ii) the Forest Service;
``(iii) the United States Fish and Wildlife Service;
``(iv) the Corps of Engineers; and
``(v) the Bureau of Land Management.
``(2) Applications.--
``(A) Requirements.--Each application submitted by a
Federal land management agency shall include proposed
programs at various potential funding levels, as defined by
the Secretary following collaborative discussions with
applicable Federal land management agencies.
``(B) Consideration by secretary.--In evaluating an
application submitted under subparagraph (A), the Secretary
shall consider the extent to which the programs support--
``(i) the transportation goals of--
``(I) a state of good repair of transportation facilities;
``(II) a reduction of bridge deficiencies, and
``(III) an improvement of safety;
``(ii) high-use Federal recreational sites or Federal
economic generators; and
``(iii) the resource and asset management goals of the
Secretary of the respective Federal land management agency.
``(C) Permissive contents.--Applications may include
proposed programs the duration of which extend over a
multiple-year period to support long-term transportation
planning and resource management initiatives.
``(c) National Federal Lands Transportation Facility
Inventory.--
``(1) In general.--The Secretaries of the appropriate
Federal land management agencies, in cooperation with the
Secretary, shall maintain a comprehensive national inventory
of public Federal lands transportation facilities.
``(2) Transportation facilities included in the
inventories.--To identify the Federal lands transportation
system and determine the relative transportation needs among
Federal land management agencies, the inventories shall
include, at a minimum, facilities that--
``(A) provide access to high-use Federal recreation sites
or Federal economic generators, as determined by the
Secretary in coordination with the respective Secretaries of
the appropriate Federal land management agencies; and
``(B) are owned by 1 of the following agencies:
``(i) The National Park Service.
``(ii) The Forest Service.
``(iii) The United States Fish and Wildlife Service.
``(iv) The Bureau of Land Management.
``(v) The Corps of Engineers.
``(3) Availability.--The inventories shall be made
available to the Secretary.
``(4) Updates.--The Secretaries of the appropriate Federal
land management agencies shall update the inventories of the
appropriate Federal land management agencies, as determined
by the Secretary after collaborative discussions with the
Secretaries of the appropriate Federal land management
agencies.
``(5) Review.--A decision to add or remove a facility from
the inventory shall not be considered a Federal action for
purposes of review under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
``(d) Bicycle Safety.--The Secretary of the appropriate
Federal land management agency shall prohibit the use of
bicycles on each federally owned road that has a speed limit
of 30 miles per hour or greater and an adjacent paved path
for use by bicycles within 100 yards of the road.
``Sec. 204. Federal lands access program
``(a) Use of Funds.--
``(1) In general.--Funds made available under the Federal
lands access program shall be used by the Secretary of
Transportation and the Secretary of the appropriate Federal
land management agency to pay the cost of--
``(A) transportation planning, research, engineering,
preventive maintenance, rehabilitation, restoration,
construction, and reconstruction of Federal lands access
transportation facilities located on or adjacent to, or that
provide access to, Federal land, and--
``(i) adjacent vehicular parking areas;
``(ii) acquisition of necessary scenic easements and scenic
or historic sites;
``(iii) provisions for pedestrians and bicycles;
``(iv) environmental mitigation in or adjacent to Federal
land--
``(I) to improve public safety and reduce vehicle-caused
wildlife mortality while maintaining habitat connectivity;
and
``(II) to mitigate the damage to wildlife, aquatic organism
passage, habitat, and ecosystem connectivity, including the
costs of constructing, maintaining, replacing, or removing
culverts and bridges, as appropriate;
``(v) construction and reconstruction of roadside rest
areas, including sanitary and water facilities; and
``(vi) other appropriate public road facilities, as
determined by the Secretary;
``(B) operation and maintenance of transit facilities; and
``(C) any transportation project eligible for assistance
under this title that is within or adjacent to, or that
provides access to, Federal land.
``(2) Contract.--In connection with an activity described
in paragraph (1), the Secretary and the Secretary of the
appropriate Federal land management agency may enter into a
contract or other appropriate agreement with respect to the
activity with--
``(A) a State (including a political subdivision of a
State); or
``(B) an Indian tribe.
``(3) Administration.--All appropriations for the
construction and improvement of Federal lands access
transportation facilities shall be administered in conformity
with regulations and agreements approved by the Secretary.
``(4) Cooperation.--
``(A) In general.--The cooperation of States, counties, or
other local subdivisions may be accepted in construction and
improvement.
``(B) Funds received.--Any funds received from a State,
county, or local subdivision for a Federal lands access
transportation facility project shall be credited to
appropriations available under the Federal lands access
program.
``(5) Competitive bidding.--
``(A) In general.--Subject to subparagraph (B),
construction of each project shall be performed by contract
awarded by competitive bidding.
``(B) Exception.--Subparagraph (A) shall not apply if the
Secretary or the Secretary of the appropriate Federal land
management agency affirmatively finds that, under the
circumstances relating to the project, a different method is
in the public interest.
``(b) Program Distributions.--
``(1) In general.--Funding made available to carry out the
Federal lands access program shall be allocated among those
States that have Federal land, in accordance with the
following formula:
``(A) 80 percent of the available funding for use in those
States that contain at least 1 \1/2\
[[Page S447]]
percent of the total public land in the United States managed
by the agencies described in paragraph (2), to be distributed
as follows:
``(i) 30 percent in the ratio that--
``(I) recreational visitation within each such State; bears
to
``(II) the recreational visitation within all such States.
``(ii) 5 percent in the ratio that--
``(I) the Federal land area within each such State; bears
to
``(II) the Federal land area in all such States.
``(iii) 55 percent in the ratio that--
``(I) the Federal public road miles within each such State;
bears to
``(II) the Federal public road miles in all such States.
``(iv) 10 percent in the ratio that--
``(I) the number of Federal public bridges within each such
State; bears to
``(II) the number of Federal public bridges in all such
States.
``(B) 20 percent of the available funding for use in those
States that do not contain at least 1 \1/2\ percent of the
total public land in the United States managed by the
agencies described in paragraph (2), to be distributed as
follows:
``(i) 30 percent in the ratio that--
``(I) recreational visitation within each such State; bears
to
``(II) the recreational visitation within all such States.
``(ii) 5 percent in the ratio that--
``(I) the Federal land area within each such State; bears
to
``(II) the Federal land area in all such States.
``(iii) 55 percent in the ratio that--
``(I) the Federal public road miles within each such State;
bears to
``(II) the Federal public road miles in all such States.
``(iv) 10 percent in the ratio that--
``(I) the number of Federal public bridges within each such
State; bears to
``(II) the number of Federal public bridges in all such
States.
``(2) Data source.--Data necessary to distribute funding
under paragraph (1) shall be provided by the following
Federal land management agencies:
``(A) The National Park Service.
``(B) The Forest Service.
``(C) The United States Fish and Wildlife Service.
``(D) The Bureau of Land Management.
``(E) The Corps of Engineers.
``(c) Programming Decisions Committee.--
``(1) In general.--Programming decisions shall be made
within each State by a committee comprised of--
``(A) a representative of the Federal Highway
Administration;
``(B) a representative of the State Department of
Transportation; and
``(C) a representative of any appropriate political
subdivision of the State.
``(2) Consultation requirement.--The committee described in
paragraph (1) shall consult with each applicable Federal
agency in each State before any joint discussion or final
programming decision.
``(3) Project preference.--In making a programming decision
under paragraph (1), the committee shall give preference to
projects that provide access to, are adjacent to, or are
located within high-use Federal recreation sites or Federal
economic generators, as identified by the Secretaries of the
appropriate Federal land management agencies.''.
(b) Public Lands Development Roads and Trails.--Section 214
of title 23, United States Code, is repealed.
(c) Conforming Amendments.--
(1) Chapter 2 analysis.--The analysis for chapter 2 of
title 23, United States Code, is amended:
(A) By striking the items relating to sections 201 through
204 and inserting the following:
``201. Federal lands and tribal transportation programs.
``202. Tribal transportation program.
``203. Federal lands transportation program.
``204. Federal lands access program.''.
(B) By striking the item relating to section 214.
(2) Definition.--Section 138(a) of title 23, United States
Code, is amended in the third sentence by striking ``park
road or parkway under section 204 of this title'' and
inserting ``Federal lands transportation facility''.
(3) Rules, regulations, and recommendations.--Section 315
of title 23, United States Code, is amended by striking
``204(f)'' and inserting ``202(a)(5), 203(a)(3),''.
SEC. 1117. ALASKA HIGHWAY.
Section 218 of title 23, United States Code, is amended to
read as follows:
``Sec. 218. Alaska Highway
``(a) Definition of Alaska Marine Highway System.--In this
section, the term `Alaska Marine Highway System' includes
each existing or planned transportation facility and
equipment in the State of Alaska relating to the ferry system
of the State, including the lease, purchase, or construction
of vessels, terminals, docks, floats, ramps, staging areas,
parking lots, bridges, and approaches thereto, and necessary
roads.
``(b) Authorization of Secretary.--
``(1) In general.--Recognizing the benefits that will
accrue to the State of Alaska and to the United States from
the reconstruction of the Alaska Highway from the Alaskan
border to Haines Junction in Canada and the Haines Cutoff
Highway from Haines Junction in Canada to Haines, the
Secretary is authorized, upon agreement with the State of
Alaska, to expend on such highway or the Alaska Marine
Highway System any Federal-aid highway funds apportioned to
the State of Alaska under this title to provide for necessary
reconstruction of such highway.
``(2) Limitation.--No expenditures shall be made for the
construction of the portion of the highways that are in
located in Canada until the date on which an agreement has
been reached by the Government of Canada and the Government
of the United States, which shall provide in part, that the
Canadian Government--
``(A) will provide, without participation of funds
authorized under this title, all necessary right-of-way for
the construction of the highways;
``(B) will not impose any highway toll, or permit any toll
to be charged for the use of the highways by vehicles or
persons;
``(C) will not levy or assess, directly or indirectly, any
fee, tax, or other charge for the use of the highways by
vehicles or persons from the United States that does not
apply equally to vehicles or persons of Canada;
``(D) will continue to grant reciprocal recognition of
vehicle registration and drivers' licenses in accordance with
agreements between the United States and Canada; and
``(E) will maintain the highways after the date of
completion of the highways in proper condition adequately to
serve the needs of present and future traffic.
``(c) Supervision of Secretary.--The survey and
construction work undertaken in Canada pursuant to this
section shall be under the general supervision of the
Secretary.''.
SEC. 1118. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.
(a) Establishment of Program.--The Secretary shall
establish a program in accordance with this section to
provide grants for projects of national and regional
significance.
(b) Purpose of Program.--The purpose of the projects of
national and regional significance program shall be to fund
critical high-cost surface transportation infrastructure
projects that are difficult to complete with existing
Federal, State, local, and private funds and that will--
(1) generate national and regional economic benefits and
increase global economic competitiveness;
(2) reduce congestion and its impacts;
(3) improve roadways vital to national energy security;
(4) improve movement of freight and people; and
(5) improve transportation safety.
(c) Definitions.--In this section:
(1) Eligible applicant.--The term ``eligible applicant''
means a State department of transportation or a group of
State departments of transportation, a local government, a
tribal government or consortium of tribal governments, a
transit agency, a port authority, a metropolitan planning
organization, other political subdivisions of State or local
governments, or a multi-State or multi-jurisdictional group
of the aforementioned entities.
(2) Eligible project.--The term ``eligible project'' means
a surface transportation project or a program of integrated
surface transportation projects closely related in the
function they perform that--
(A) is a capital project or projects--
(i) eligible for Federal financial assistance under title
23, United States Code, or under chapter 53 of title 49,
United States Code; or
(ii) for surface transportation infrastructure to
facilitate intermodal interchange, transfer, and access into
and out of intermodal facilities, including ports; and
(B) has eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
(i) $500,000,000;
(ii) for a project located in a single State, [60] 30
percent of the amount of Federal-aid highway funds
apportioned for the most recently completed fiscal year to
the State; or
(iii) for a project located in more than 1 State, 75
percent of the amount of Federal-aid highway funds
apportioned for the most recently completed fiscal year to
the State in which the project is located that has the
largest apportionment.
(3) Eligible project costs.--The term ``eligible project
costs'' means the costs of--
(A) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities;
(B) construction, reconstruction, rehabilitation, and
acquisition of real property (including land related to the
project and improvements to land), environmental mitigation,
construction contingencies, acquisition of equipment directly
related to improving system performance, and operational
improvements; and
(C) all financing costs, including subsidy costs under the
Transportation Infrastructure Finance and Innovation Act
program.
(d) Solicitations and Applications.--
(1) Grant solicitations.--The Secretary shall establish
criteria for project evaluation and conduct a transparent and
competitive national solicitation process to select projects
for funding to carry out the purposes of this section.
(2) Applications.--
(A) In general.--An eligible applicant seeking a grant
under this section for an eligible project shall submit an
application to
[[Page S448]]
the Secretary in such form and in accordance with such
requirements as the Secretary shall establish.
(B) Contents.--An application under this subsection shall,
at a minimum, include data on current system performance and
estimated system improvements that will result from
completion of the eligible project, including projections for
2, 7, and 15 years after completion.
(C) Resubmission of applications.--An eligible applicant
whose project is not selected by the Secretary may resubmit
an application in any subsequent solicitation.
(e) Criteria for Project Evaluation and Selection.--
(1) In general.--The Secretary may select a project only if
the Secretary determines that the project--
(A) will significantly improve the performance of the
national surface transportation network, nationally or
regionally;
(B) is based on the results of preliminary engineering;
(C) cannot be readily and efficiently completed without
Federal support from this program;
(D) is justified based on the ability of the project--
(i) to generate national economic benefits that reasonably
exceed its costs, including increased access to jobs, labor,
and other critical economic inputs;
(ii) to reduce long-term congestion, including impacts in
the State, region, and Nation, and increase speed,
reliability, and accessibility of the movement of people or
freight; and
(iii) to improve transportation safety, including reducing
transportation accidents, [injuries,] and serious injuries
and fatalities; and
(E) is supported by an acceptable degree of non-Federal
financial commitments, including evidence of stable and
dependable financing sources to construct, maintain, and
operate the infrastructure facility.
(2) Additional considerations.--In evaluating a project
under this section, in addition to the criteria in paragraph
(1), the Secretary shall consider the extent to which the
project--
(A) leverages Federal investment by encouraging non-Federal
contributions to the project, including contributions from
public-private partnerships;
(B) is able to begin construction within 18 months of being
selected;
(C) incorporates innovative project delivery and financing
where practical;
(D) stimulates collaboration between States and among State
and local governments;
(E) helps maintain or protect the environment;
(F) improves roadways vital to national energy security;
(G) uses innovative technologies, including intelligent
transportation systems, that enhance the efficiency of the
project; and
(H) contributes to an equitable geographic distribution of
funds under this section and an appropriate balance in
addressing the needs of urban and rural communities.
(f) Grant Requirements.--
(1) In general.--A grant for a project under this section
shall be subject to the following requirements:
(A) A qualifying highway project eligible for funding under
title 23, United States Code, or public transportation
project eligible under chapter 53 of title 49, United States
Code, shall comply with all applicable requirements of such
title or chapter except that, if the project contains
elements or activities that are not eligible for funding
under such title or chapter but are eligible for funding
under this section, the elements or activities shall comply
with the requirements described in subparagraph (B).
(B) A qualifying surface transportation project not
eligible under title 23, United States Code, or chapter 53 of
title 49, United States Code, shall comply with the
requirements of subchapter IV of chapter 31 of title 40,
United States Code, [section 10a-d of title 41, United States
Code ], and such other terms, conditions, and requirements as
the Secretary determines are necessary and appropriate for
the type of project.
(2) Determination of applicable modal requirements.--In the
event that a project has cross-modal components, the
Secretary shall have the discretion to designate the
requirements that shall apply to the project based on
predominant components.
(3) Other terms and conditions.--The Secretary shall
require that all grants under this section be subject to all
terms, conditions, and requirements that the Secretary
decides are necessary or appropriate for purposes of this
section, including requirements for the disposition of net
increases in value of real property resulting from the
project assisted under this section.
[ (g) Federal Share of Project Cost.--The Federal share of
funds under this section for the project shall be up to 50
percent of the project cost. Other eligible Federal
transportation funds may be used by the project sponsor up to
an additional 30 percent of the project costs. If a project
is to construct or improve a privately owned facility or
would primarily benefit a private entity, the Federal share
shall be the lesser of 50 percent of the total project cost
or the quantified public benefit of the project. The
Secretary may allow costs incurred prior to project approval
to be used as a credit toward the non-Federal share of the
cost of the project. Such costs must be adequately
documented, necessary, reasonable and allocable to the
current phase of the project and such costs may not be
included as a cost or used to meet cost sharing or matching
requirements of any other federally financed project.]
(g) Federal Share of Project Cost.--
(1) In general.--If a project funded under this section is
to construct or improve a privately owned facility or would
primarily benefit a private entity, the Federal share shall
be the lesser of 50 percent of the total project cost or the
quantified public benefit of the project. For all other
projects funded under this section--
(A) the Federal share of funds under this section shall be
up to 50 percent of the project cost; and
(B) the project sponsor may use other eligible Federal
transportation funds to cover up to an additional 30 percent
of the project costs.
(2) Pre-approval costs.--The Secretary may allow costs
incurred prior to project approval to be used as a credit
toward the non-Federal share of the cost of the project. Such
costs must be adequately documented, necessary, reasonable,
and allocable to the current phase of the project and such
costs may not be included as a cost or used to meet cost-
sharing or matching requirements of any other federally-
financed project.
(h) Report to the Secretary.--For each project funded under
this section, the project sponsor shall reassess system
performance and report to the Secretary 2, 7, and 15 years
after completion of the project to assess if the project
outcomes have met pre-construction projections.
(i) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, to remain
available until expended, $1,000,000,000 for fiscal year
2013.
(j) Treatment of Projects.--Notwithstanding any other
provision of law, projects funded under this section shall be
treated as projects on a Federal-aid system highway under
chapter 1 of title 23, United States Code.
Subtitle B--Performance Management
SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.
Section 134 of title 23, United States Code, is amended to
read as follows:
``Sec. 134. Metropolitan transportation planning
``(a) Policy.--It is in the national interest--
``(1) to encourage and promote the safe, cost-effective,
and efficient management, operation, and development of
surface transportation systems that will serve efficiently
the mobility needs of individuals and freight, reduce
transportation-related fatalities and serious injuries, and
foster economic growth and development within and between
States and urbanized areas, while fitting the needs and
complexity of individual communities, maximizing value for
taxpayers, leveraging cooperative investments, and minimizing
transportation-related fuel consumption and air pollution
through the metropolitan and statewide transportation
planning processes identified in this title;
``(2) to encourage the continued improvement, evolution,
and coordination of the metropolitan and statewide
transportation planning processes by and among metropolitan
planning organizations, State departments of transportation,
regional planning organizations, interstate partnerships, and
public transit and intercity service operators as guided by
the planning factors identified in subsection (h) of this
section and section 135(d);
``(3) to encourage and promote transportation needs and
decisions that are integrated with other planning needs and
priorities; and
``(4) to maximize the effectiveness of transportation
investments.
``(b) Definitions.--In this section and section 135, the
following definitions apply:
``(1) Existing mpo.--The term `existing MPO' mens a
metropolitan planning organization that was designated as a
metropolitan planning organization on the day before the date
of enactment of the MAP-21.
``(2) Local official.--The term `local official' means any
elected or appointed official of general purpose local
government with responsibility for transportation in a
designated area.
``(3) Maintenance area.--The term `maintenance area' means
an area that was designated as an air quality nonattainment
area, but was later redesignated by the Administrator of the
Environmental Protection Agency as an air quality attainment
area, under section 107(d) of the Clean Air Act (42 U.S.C.
7407(d)).
``(4) Metropolitan planning area.--The term `metropolitan
planning area' means a geographical area determined by
agreement between the metropolitan planning organization for
the area and the applicable Governor under subsection (c).
``(5) Metropolitan planning organization.--The term
`metropolitan planning organization' means the policy board
of an organization established pursuant to subsection (c).
``(6) Metropolitan transportation plan.--The term
`metropolitan transportation plan' means a plan developed by
a metropolitan planning organization under subsection (i).
``(7) Nonattainment area.--The term `nonattainment area'
has the meaning given the term in section 171 of the Clean
Air Act (42 U.S.C. 7501).
``(8) Nonmetropolitan area.--
[[Page S449]]
``(A) In general.--The term `nonmetropolitan area' means a
geographical area outside the boundaries of a designated
metropolitan planning area.
``(B) Inclusions.--The term `nonmetropolitan area' includes
small urbanized and nonurbanized areas.
[``(9) Nonmetropolitan planning organization.--
``(A) In general.--The term `nonmetropolitan planning
organization' means an organization designated by a State to
enhance the planning, coordination, and implementation of
statewide transportation plans and programs in a
nonmetropolitan area, with an emphasis on addressing the
needs of nonmetropolitan areas of the State.
``(B) Inclusion.--The term `nonmetropolitan planning
organization' includes a rural planning organization.]
``(9) Nonmetropolitan planning organization.--The term
`nonmetropolitan planning organization' means an organization
that--
``(A) was designated as a metropolitan planning
organization as of the day before the date of enactment of
the MAP-21; and
``(B) is not designated as a tier I or tier II metropolitan
planning organization.
``(10) Regionally significant.--The term `regionally
significant', with respect to a transportation project,
program, service, or strategy, means a project, program,
service, or strategy that--
``(A) serves regional transportation needs (such as access
to and from the area outside of the region, major activity
centers in the region, and major planned developments); and
``(B) would normally be included in the modeling of a
transportation network of a metropolitan area.
``(11) Rural planning organization.--The term `rural
planning organization' means an organization that--
``(A) was designated as a metropolitan planning
organization as of the day before the date of enactment of
the MAP-21; and
``(B) is not designated as a tier I or tier II metropolitan
planning organization.
``[(11)](12) Statewide transportation improvement
program.--The term `statewide transportation improvement
program' means a statewide transportation improvement program
developed by a State under section 135(g).
``[(12)](13) Statewide transportation plan.--The term
`statewide transportation plan' means a plan developed by a
State under section 135(f).
``[(13)](14) Transportation improvement program.--The term
`transportation improvement program' means a program
developed by a metropolitan planning organization under
subsection (j).
``[(14)](15) Urbanized area.--The term `urbanized area'
means a geographical area with a population of 50,000 or more
individuals, as determined by the Bureau of the Census.
``(c) Designation of Metropolitan Planning Organizations.--
``(1) In general.--To carry out the metropolitan
transportation planning process under this section, a
metropolitan planning organization shall be designated for
each urbanized area with a population of more than 200,000
individuals--
``(A) by agreement between the applicable Governor and
local officials that, in the aggregate, represent at least 75
percent of the affected population (including the largest
incorporated city (based on population), as determined by the
Bureau of the Census); or
``(B) in accordance with procedures established by
applicable State or local law.
``(2) Small urbanized areas.--To carry out the metropolitan
transportation planning process under this section, a
metropolitan planning organization may be designated for any
urbanized area with a population of more than 50,000, but
less than 200,000, individuals--
``(A) by agreement between the applicable Governor and
local officials that, in the aggregate, represent at least 75
percent of the affected population (including the largest
incorporated city (based on population), as determined by the
Bureau of the Census); and
``(B) with the consent of the Secretary, based on a finding
that the resulting metropolitan planning organization has met
the minimum requirements under subsection (e)(4)(B).
``(3) Structure.--Effective beginning on the date of
designation or redesignation under this subsection, a
metropolitan planning organization shall consist of--
``(A) elected local officials in the relevant metropolitan
area;
``(B) officials of public agencies that administer or
operate major modes of transportation in the relevant
metropolitan area; and
``(C) appropriate State officials.
``(4) Effect of subsection.--Nothing in this subsection
interferes with any authority under any State law in effect
on December 18, 1991, of a public agency with multimodal
transportation responsibilities--
``(A) to develop the metropolitan transportation plans and
transportation improvement programs for adoption by a
metropolitan planning organization; or
``(B) to develop capital plans, coordinate transit services
and projects, or carry out other activities pursuant to State
law.
``(5) Continuing designation.--A designation of a
metropolitan planning organization under this subsection or
any other provision of law--
``(A) for an urbanized area with a population of 200,000 or
more individuals shall remain in effect--
``(i) for the period during which the structure of the
existing MPO complies with the requirements of paragraph (1);
or
``(ii) until the date on which the existing MPO is
redesignated under paragraph (7); and
``(B) for an urbanized area with a population of less than
200,000 individuals, shall be terminated on the date that is
3 years after the date on which the Secretary promulgates a
regulation pursuant to subsection (e)(4)(B)(i), unless
reaffirmed by the existing MPO and the applicable Governor
and approved by the Secretary, on the basis of meeting the
minimum requirements established by the regulation.
``(6) Extension.--
``(A) In general.--If the applicable Governor, acting on
behalf of a metropolitan planning organization for an
urbanized area with a population of less than 200,000 that
would otherwise be terminated under paragraph (5)(B),
requests a probationary continuation before the termination
of the metropolitan planning organization, the Secretary
shall--
``(i) delay the termination of the metropolitan planning
organization under paragraph (5)(B) for a period of 1 year;
and
``(ii) provide additional technical assistance to all
metropolitan planning organizations provided an extension
under this paragraph to assist the metropolitan planning
organization in meeting the minimum requirements under
subsection (e)(4)(B)(i).
``(B) Designation as tier ii mpo.--If the Secretary
determines the metropolitan planning organization has met the
minimum requirements under subsection (e)(4)(B)(i) before the
final termination date, the metropolitan planning
organization shall be designated as a tier II MPO.
``(7) Redesignation.--The designation of a metropolitan
planning organization under this subsection shall remain in
effect until the date on which the metropolitan planning
organization is redesignated, as appropriate, in accordance
with the requirements of this subsection pursuant to an
agreement between--
``(A) the applicable Governor; and
``(B) affected local officials who, in the aggregate,
represent at least 75 percent of the existing metropolitan
planning area population (including the largest incorporated
city (based on population), as determined by the Bureau of
the Census).
``(8) Designation of multiple mpos.--
``(A) In general.--More than 1 metropolitan planning
organization may be designated within an existing
metropolitan planning area only if the applicable Governor
and an existing MPO determine that the size and complexity of
the existing metropolitan planning area make the designation
of more than 1 metropolitan planning organization for the
metropolitan planning area appropriate.
``(B) Service jurisdictions.--If more than 1 metropolitan
planning organization is designated for an existing
metropolitan planning area under subparagraph (A), the
existing metropolitan planning area shall be split into
multiple metropolitan planning areas, each of which shall be
served by the existing MPO or a new metropolitan planning
organization.
``(C) Tier designation.--The tier designation of each
metropolitan planning organization subject to a designation
under this paragraph shall be determined based on the size of
each respective metropolitan planning area, in accordance
with subsection (e)(4).
``(d) Metropolitan Planning Area Boundaries.--
``(1) In general.--For purposes of this section, the
boundaries of a metropolitan planning area shall be
determined by agreement between the applicable metropolitan
planning organization and the Governor of the State in which
the metropolitan planning area is located.
``(2) Included area.--Each metropolitan planning area--
``(A) shall encompass at least the relevant existing
urbanized area and any contiguous area expected to become
urbanized within a 20-year forecast period under the
applicable metropolitan transportation plan; and
``(B) may encompass the entire relevant metropolitan
statistical area, as defined by the Office of Management and
Budget.
``(3) Identification of new urbanized areas.--The
designation by the Bureau of the Census of a new urbanized
area within the boundaries of an existing metropolitan
planning area shall not require the redesignation of the
relevant existing MPO.
``(4) Nonattainment and maintenance areas.--
``(A) Existing metropolitan planning areas.--
``(i) In general.--Except as provided in clause (ii),
notwithstanding paragraph (2), in the case of an urbanized
area designated as a nonattainment area or maintenance area
as of the date of enactment of the MAP-21, the boundaries of
the existing metropolitan planning area as of that date of
enactment shall remain in force and effect.
``(ii) Exception.--Notwithstanding clause (i), the
boundaries of an existing metropolitan planning area
described in that clause may be adjusted by agreement of the
applicable Governor and the affected metropolitan planning
organizations in accordance with subsection (c)(5).
``(B) New metropolitan planning areas.--In the case of an
urbanized area designated as a nonattainment area or
maintenance area after the date of enactment of the MAP-21,
the boundaries of the applicable metropolitan planning area--
[[Page S450]]
``(i) shall be established in accordance with subsection
(c)(1);
``(ii) shall encompass the areas described in paragraph
(2)(A);
``(iii) may encompass the areas described in paragraph
(2)(B); and
``(iv) may address any appropriate nonattainment area or
maintenance area.
``(e) Requirements.--
``(1) Development of plans and tips.--To accomplish the
policy objectives described in subsection (a), each
metropolitan planning organization, in cooperation with the
applicable State and public transportation operators, shall
develop metropolitan transportation plans and transportation
improvement programs for metropolitan planning areas of the
State through a performance-driven, outcome-based approach to
metropolitan transportation planning consistent with
subsection (h)(2).
``(2) Contents.--The metropolitan transportation plans and
transportation improvement programs for each metropolitan
area shall provide for the development and integrated
management and operation of transportation systems and
facilities (including accessible pedestrian walkways, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation) that will function as--
``(A) an intermodal transportation system for the
metropolitan planning area; and
``(B) an integral part of an intermodal transportation
system for the applicable State and the United States.
``(3) Process of development.--The process for developing
metropolitan transportation plans and transportation
improvement programs shall--
``(A) provide for consideration of all modes of
transportation; and
``(B) be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation needs to be addressed.
``(4) Tiering.--
``(A) Tier i mpos.--
``(i) In general.--A metropolitan planning organization
shall be designated as a tier I MPO if--
``(I) as certified by the Governor of each applicable
State, the metropolitan planning organization operates
within, and primarily serves, a metropolitan planning area
with a population of 1,000,000 or more individuals, as
calculated according to the most recent decennial census; and
``(II) the Secretary determines the metropolitan planning
organization--
``(aa) meets the minimum technical requirements under
clause (iv); and
``(bb) not later than 2 years after the date of enactment
of the MAP-21, will fully implement the processes described
in subsections (h) though (j).
``(ii) Absence of designation.--In the absence of
designation as a tier I MPO under clause (i), a metropolitan
planning organization shall operate as a tier II MPO until
the date on which the Secretary determines the metropolitan
planning organization can meet the minimum technical
requirements under clause (iv).
``(iii) Redesignation as tier i.--A metropolitan planning
organization operating within a metropolitan planning area
with a population of less than 1,000,000, but more than
200,000, individuals and primarily within urbanized areas
with populations of more than 200,000 individuals, as
calculated according to the most recent decennial census,
that is designated as a tier II MPO under subparagraph (B)
may request, with the support of the applicable Governor, a
redesignation as a tier I MPO on a determination by the
Secretary that the metropolitan planning organization has met
the minimum technical requirements under clause (iv).
``(iv) Minimum technical requirements.--Not later than 1
year after the date of enactment of the MAP-21, the Secretary
shall publish a regulation that establishes the minimum
technical requirements necessary for a metropolitan planning
organization to be designated as a tier I MPO, including, at
a minimum, modeling, data, staffing, and other technical
requirements.
``(B) Tier ii mpos.--
``(i) In general.--Not later than 1 year after the date of
enactment of the MAP-21, the Secretary shall publish a
regulation that establishes minimum requirements necessary
for a metropolitan planning organization to be designated as
a tier II MPO.
``(ii) Requirements.--The minimum requirements established
under clause (i) shall--
``(I) ensure that each metropolitan planning organization
has the capabilities necessary to develop the metropolitan
transportation plan and transportation improvement program
under this section; and
``(II) include--
``(aa) only the staff resources necessary to operate the
metropolitan planning organization; and
``(bb) a requirement that the metropolitan planning
organization has the technical capacity to conduct the
modeling necessary to fulfill the requirements of this
section, except that in cases in which a metropolitan
planning organization has a formal agreement with a State to
conduct the modeling on behalf of the metropolitan planning
organization, the metropolitan planning organization shall be
exempt from the technical capacity requirement.
``(iii) Inclusion.--A metropolitan planning organization
operating primarily within an urbanized area with a
population of more than 200,000 individuals, as calculated
according to the most recent decennial census, and that does
not qualify as a tier I MPO under subparagraph (A)(i),
shall--
``(I) be designated as a tier II MPO; and
``(II) follow the processes under subsection (k).
``(C) Small urbanized areas.--
``(i) In general.--Not later than 2 years after the date of
publication of the regulation under subparagraph (B)(i), any
existing MPO operating primarily within an urbanized area
with a population of fewer than 200,000, but more than
50,000, individuals (as determined before the date of
enactment of the MAP-21), with the support of the applicable
Governor, may request designation as a tier II MPO on a
determination by the Secretary that the metropolitan planning
organization has met the minimum requirements under
subparagraph (B)(i).
``(ii) Absence of designation.--A metropolitan planning
organization that is the subject of a negative determination
of the Secretary under clause (i) shall submit to the State
in which the metropolitan planning organization is located,
or to a planning organization designated by the State, by not
later than 180 days after the date on which a notice of the
negative determination is received, a 6-month plan that
includes a description of a method--
``(I) to transfer the responsibilities of the metropolitan
planning organization to the State; and
``(II) to dissolve the metropolitan planning organization.
``(iii) Action on dissolution.--On submission of a plan
under clause (ii), the metropolitan planning area served by
the applicable metropolitan planning organization shall--
``(I) continue to receive metropolitan transportation
planning funds until the earlier of--
``(aa) the date of dissolution of the metropolitan planning
organization; and
``(bb) the date that is 4 years after the date of enactment
of the MAP-21; and
``(II) be treated by the State as a nonmetropolitan area
for purposes of this title.
``(D) Consolidation.--
``(i) In general.--Metropolitan planning organizations
operating within contiguous or adjacent urbanized areas may
elect to consolidate in order to meet the population
thresholds required to achieve designation as a tier I or
tier II MPO under this paragraph.
``(ii) Effect of subsection.--Nothing in this subsection
requires or prevents consolidation among multiple
metropolitan planning organizations located within a single
urbanized area.
``(f) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a multistate
metropolitan area and the appropriate metropolitan planning
organizations to provide coordinated transportation planning
for the entire metropolitan area.
``(2) Coordination along designated transportation
corridors.--The Secretary shall encourage each Governor with
responsibility for a portion of a multistate metropolitan
area and the appropriate metropolitan planning organizations
to provide coordinated transportation planning for the entire
designated transportation corridor.
``(3) Coordination with interstate compacts.--The Secretary
shall encourage metropolitan planning organizations to take
into consideration, during the development of metropolitan
transportation plans and transportation improvement programs,
any relevant transportation studies concerning planning for
regional transportation (including high-speed and intercity
rail corridor studies, commuter rail corridor studies,
intermodal terminals, and interstate highways) in support of
freight, intercity, or multistate area projects and services
that have been developed pursuant to interstate compacts or
agreements, or by organizations established under section
135.
``(g) Engagement in Metropolitan Transportation Plan and
TIP Development.--
``(1) Nonattainment and maintenance areas.--If more than 1
metropolitan planning organization has authority within a
metropolitan area, nonattainment area, or maintenance area,
each metropolitan planning organization shall consult with
each other metropolitan planning organization designated for
the metropolitan area, nonattainment area, or maintenance
area and the State in the development of metropolitan
transportation plans and transportation improvement programs
under this section.
``(2) Transportation improvements located in multiple
metropolitan planning areas.--If a transportation improvement
project funded under this title or chapter 53 of title 49 is
located within the boundaries of more than 1 metropolitan
planning area, the affected metropolitan planning
organizations shall coordinate metropolitan transportation
plans and transportation improvement programs regarding the
project.
``(3) Coordination of adjacent planning organizations.--
``(A) In general.--A metropolitan planning organization
that is adjacent or located in reasonably close proximity to
another metropolitan planning organization shall coordinate
with that metropolitan planning organization with respect to
planning processes, including preparation of metropolitan
[[Page S451]]
transportation plans and transportation improvement programs,
to the maximum extent practicable.
``(B) Nonmetropolitan planning organizations.--A
metropolitan planning organization that is adjacent or
located in reasonably close proximity to a nonmetropolitan
planning organization shall consult with that nonmetropolitan
planning organization with respect to planning processes, to
the maximum extent practicable.
``(4) Relationship with other planning officials.--
``(A) In general.--The Secretary shall encourage each
metropolitan planning organization to cooperate with Federal,
tribal, State, and local officers and entities responsible
for other types of planning activities that are affected by
transportation in the relevant area (including planned
growth, economic development, infrastructure services,
housing, other public services, environmental protection,
airport operations, high-speed and intercity passenger rail,
freight rail, port access, and freight movements), to the
maximum extent practicable, to ensure that the metropolitan
transportation planning process, metropolitan transportation
plans, and transportation improvement programs are developed
in cooperation with other related planning activities in the
area.
``(B) Inclusion.--Cooperation under subparagraph (A) shall
include the design and delivery of transportation services
within the metropolitan area that are provided by--
``(i) recipients of assistance under sections 202, 203, and
204;
``(ii) recipients of assistance under chapter 53 of title
49;
``(iii) government agencies and nonprofit organizations
(including representatives of the agencies and organizations)
that receive Federal assistance from a source other than the
Department of Transportation to provide nonemergency
transportation services; and
``(iv) sponsors of regionally significant programs,
projects, and services that are related to transportation and
receive assistance from any public or private source.
``(5) Coordination of other federally required planning
programs.--The Secretary shall encourage each metropolitan
planning organization to coordinate, to the maximum extent
practicable, the development of metropolitan transportation
plans and transportation improvement programs with other
relevant federally required planning programs.
``(h) Scope of Planning Process.--
``(1) In general.--The metropolitan transportation planning
process for a metropolitan planning area under this section
shall provide for consideration of projects and strategies
that will--
``(A) support the economic vitality of the metropolitan
area, especially by enabling global competitiveness,
productivity, and efficiency;
``(B) increase the safety of the transportation system for
motorized and nonmotorized users;
``(C) increase the security of the transportation system
for motorized and nonmotorized users;
``(D) increase the accessibility and mobility of
individuals and freight;
``(E) protect and enhance the environment, promote energy
conservation, improve the quality of life, and promote
consistency between transportation improvements and State and
local planned growth and economic development patterns;
``(F) enhance the integration and connectivity of the
transportation system, across and between modes, for
individuals and freight;
``(G) increase efficient system management and operation;
and
``(H) emphasize the preservation of the existing
transportation system.
``(2) Performance-based approach.--
``(A) In general.--The metropolitan transportation planning
process shall provide for the establishment and use of a
performance-based approach to transportation decisionmaking
to support the national goals described in section 150(b).
``(B) Performance targets.--
``(i) In general.--Each metropolitan planning organization
shall establish performance targets that address the
performance measures described in sections 119(f), 148(h),
149(k), where applicable, and 167(i) to use in tracking
attainment of critical outcomes for the region of the
metropolitan planning organization.
``(ii) Coordination.--Selection of performance targets by a
metropolitan planning organization shall be coordinated with
the relevant State to ensure consistency, to the maximum
extent practicable.
``(C) Timing.--Each metropolitan planning organization
shall establish the performance targets under subparagraph
(B) not later than 90 days after the date of establishment by
the relevant State of performance targets pursuant to
sections 119(f), 148(h), 149(k), where applicable, and
167(i).
``(D) Integration of other performance-based plans.--A
metropolitan planning organization shall integrate in the
metropolitan transportation planning process, directly or by
reference, the goals, objectives, performance measures, and
targets [described in this paragraph into other] described in
other State plans and processes required as part of a
performance-based program, including plans such as--
``(i) the State National Highway System asset management
plan;
``(ii) the State strategic highway safety plan;
``(iii) the congestion mitigation and air quality
performance [plan] plan, where applicable;
``(iv) the national freight strategic plan; and
``(v) the statewide transportation plan.
``(E) Use of performance measures and targets.--The
performance measures and targets established under this
paragraph shall be used, at a minimum, by the relevant
metropolitan planning organization as the basis for
development of policies, programs, and investment priorities
reflected in the metropolitan transportation plan and
transportation improvement program.
``(3) Failure to consider factors.--The failure to take
into consideration 1 or more of the factors specified in
paragraphs (1) and (2) shall not be subject to review by any
court under this title, chapter 53 of title 49, subchapter II
of chapter 5 of title 5, or chapter 7 of title 5 in any
matter affecting a metropolitan transportation plan, a
transportation improvement program, a project or strategy, or
the certification of a planning process.
``(4) Participation by interested parties.--
``(A) In general.--Each metropolitan planning organization
shall provide to affected individuals, public agencies, and
other interested parties notice and a reasonable opportunity
to comment on the metropolitan transportation plan and
transportation improvement program and any relevant
scenarios.
``(B) Methods.--In carrying out subparagraph (A), the
metropolitan planning organization shall, to the maximum
extent practicable--
``(i) develop the metropolitan transportation plan and
transportation improvement program in consultation with
interested parties, as appropriate, including by the
formation of advisory groups representative of the community
and interested parties that participate in the development of
the metropolitan transportation plan and transportation
improvement program;
``(ii) hold any public meetings at times and locations that
are, as applicable--
``(I) convenient; and
``(II) in compliance with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.);
``(iii) employ visualization techniques to describe
metropolitan transportation plans and transportation
improvement programs; and
``(iv) make public information available in appropriate
electronically accessible formats and means, such as the
Internet, to afford reasonable opportunity for consideration
of public information under subparagraph (A).
``(i) Development of Metropolitan Transportation Plan.--
``(1) Development.--
``(A) In general.--Except as provided in subparagraph (B),
not later than 5 years after the date of enactment of the
MAP-21, and not less frequently than once every 5 years
thereafter, each metropolitan planning organization shall
prepare and update, respectively, a metropolitan
transportation plan for the relevant metropolitan planning
area in accordance with this section.
``(B) Exceptions.--A metropolitan planning organization
shall prepare or update, as appropriate, the metropolitan
transportation plan not less frequently than once every 4
years if the metropolitan planning organization is operating
within--
``(i) a nonattainment area; or
``(ii) a maintenance area.
``(2) Other requirements.--A metropolitan transportation
plan under this section shall--
``(A) be in a form that the Secretary determines to be
appropriate;
``(B) have a term of not less than 20 years; and
``(C) contain, at a minimum--
``(i) an identification of the existing transportation
infrastructure, including highways, local streets and roads,
bicycle and pedestrian facilities, transit facilities and
services, commuter rail facilities and services, high-speed
and intercity passenger rail facilities and services, freight
facilities (including freight railroad and port facilities),
multimodal and intermodal facilities, and intermodal
connectors that, evaluated in the aggregate, function as an
integrated metropolitan transportation system;
``(ii) a description of the performance measures and
performance targets used in assessing the existing and future
performance of the transportation system in accordance with
subsection (h)(2);
``(iii) a description of the current and projected future
usage of the transportation system, including a projection
based on a preferred scenario, and further including, to the
extent practicable, an identification of existing or planned
transportation rights-of-way, corridors, facilities, and
related real properties;
``(iv) a system performance report evaluating the existing
and future condition and performance of the transportation
system with respect to the performance targets described in
subsection (h)(2) and updates in subsequent system
performance reports, including--
``(I) progress achieved by the metropolitan planning
organization in meeting the performance targets in comparison
with system performance recorded in previous reports;
``(II) an accounting of the performance of the metropolitan
planning organization on
[[Page S452]]
outlay of obligated project funds and delivery of projects
that have reached substantial completion in relation to--
``(aa) the projects included in the transportation
improvement program; and
``(bb) the projects that have been removed from the
previous transportation improvement program; and
``(III) when appropriate, an analysis of how the preferred
scenario has improved the conditions and performance of the
transportation system and how changes in local policies,
investments, and growth have impacted the costs necessary to
achieve the identified performance targets;
``(v) recommended strategies and investments for improving
system performance over the planning horizon, including
transportation systems management and operations strategies,
maintenance strategies, demand management strategies, asset
management strategies, capacity and enhancement investments,
State and local economic development and land use
improvements, intelligent transportation systems deployment,
and technology adoption strategies, as determined by the
projected support of the performance targets described in
subsection (h)(2);
``(vi) recommended strategies and investments to improve
and integrate disability-related access to transportation
infrastructure, including strategies and investments based on
a preferred scenario, when appropriate;
``(vii) investment priorities for using projected available
and proposed revenues over the short- and long-term stages of
the planning horizon, in accordance with the financial plan
required under paragraph (4);
``(viii) a description of interstate compacts entered into
in order to promote coordinated transportation planning in
multistate areas, if applicable;
``(ix) an optional illustrative list of projects containing
investments that--
``(I) are not included in the metropolitan transportation
plan; but
``(II) would be so included if resources in addition to the
resources identified in the financial plan under paragraph
(4) were available;
``(x) a discussion (developed in consultation with Federal,
State, and tribal wildlife, land management, and regulatory
agencies) of types of potential environmental and stormwater
mitigation activities and potential areas to carry out those
activities, including activities that may have the greatest
potential to restore and maintain the environmental functions
affected by the metropolitan transportation plan; and
``(xi) recommended strategies and investments, including
those developed by the State as part of interstate compacts,
agreements, or organizations, that support intercity
transportation.
[``(3) Scenario development.--When preparing the
metropolitan transportation plan, the metropolitan planning
organization may, while fitting the needs and complexity of
their community, develop multiple scenarios for consideration
as a part of the development of the metropolitan
transportation plan, in accordance with the following:
``(A) The scenarios--
``(i) shall include potential regional investment
strategies for the planning horizon;
``(ii) shall include assumed distribution of population and
employment;
``(iii) may include a scenario that, to the maximum extent
practicable, maintains baseline conditions for the
performance measures identified in subsection (h)(2);
``(iv) may include a scenario that improves the baseline
conditions for as many of the performance measures under
subsection (h)(2) as possible;
``(v) may include a revenue constrained scenario based on
total revenues reasonable expected to be available over the
20-year planning period and assumed population and
employment; and
``(vi) may include estimated costs and potential revenues
available to support each scenario.
``(B) In addition to the performance measures identified in
subsection (h)(2), scenarios developed under this paragraph
may be evaluated using locally developed metrics for the
following categories:
``(i) Congestion and mobility, including transportation use
by mode.
``(ii) Freight movement.
``(iii) Safety.
``(iv) Efficiency and costs to taxpayers.]
``(3) Scenario development.--
``(A) In general.--When preparing the metropolitan
transportation plan, the metropolitan planning organization
may, while fitting the needs and complexity of its community,
develop multiple scenarios for consideration as a part of the
development of the metropolitan transportation plan, in
accordance with subparagraph (B).
``(B) Components of scenarios.--The scenarios--
``(i) shall include potential regional investment
strategies for the planning horizon;
``(ii) shall include an assumed distribution of population
and employment;
``(iii) may include a scenario that, to the maximum extent
practicable, maintains baseline conditions for the
performance measures identified in subsection (h)(2);
``(iv) may include a scenario that improves the baseline
conditions for as many of the performance measures under
subsection (h)(2) as possible;
``(v) shall be revenue constrained based on the total
revenues expected to be available over the forecast period of
the plan; and
``(vi) may include estimated costs and potential revenues
available to support each scenario.
``(C) Metrics.--In addition to the performance measures
identified in subsection (h)(2), scenarios developed under
this paragraph may be evaluated using locally-developed
metrics for the following categories:
``(i) Congestion and mobility, including transportation use
by mode.
``(ii) Freight movement.
``(iii) Safety.
``(iv) Efficiency and costs to taxpayers.
``(4) Financial plan.--A financial plan referred to in
paragraph (2)(C)(vii) shall--
``(A) be prepared by each metropolitan planning
organization to support the metropolitan transportation plan;
and
``(B) contain a description of each of the following:
``(i) Projected resource requirements for implementing
projects, strategies, and services recommended in the
metropolitan transportation plan, including existing and
projected system operating and maintenance needs, proposed
enhancement and expansions to the system, projected available
revenue from Federal, State, local, and private sources, and
innovative financing techniques to finance projects and
programs.
``(ii) The projected difference between costs and revenues,
and strategies for securing additional new revenue (such as
by capture of some of the economic value created by any new
investment).
``(iii) Estimates of future funds, to be developed
cooperatively by the metropolitan planning organization, any
public transportation agency, and the State, that are
reasonably expected to be available to support the investment
priorities recommended in the metropolitan transportation
plan.
``(iv) Each applicable project only if full funding can
reasonably be anticipated to be available for the project
within the time period contemplated for completion of the
project.
``(5) Coordination with clean air act agencies.--The
metropolitan planning organization for any metropolitan area
that is a nonattainment area or maintenance area shall
coordinate the development of a transportation plan with the
process for development of the transportation control
measures of the State implementation plan required by the
Clean Air Act (42 U.S.C. 7401 et seq.).
``(6) Publication.--On approval by the relevant
metropolitan planning organization, a metropolitan
transportation plan involving Federal participation shall be,
at such times and in such manner as the Secretary shall
require--
``(A) published or otherwise made readily available by the
metropolitan planning organization for public review,
including (to the maximum extent practicable) in
electronically accessible formats and means, such as the
Internet; and
``(B) submitted for informational purposes to the
applicable Governor.
``(7) Consultation.--
``(A) In general.--In each metropolitan area, the
metropolitan planning organization shall consult, as
appropriate, with Federal, tribal, State, and local agencies
responsible for land use management, natural resources,
environmental protection, conservation, and historic
preservation concerning the development of a metropolitan
transportation plan.
``(B) Issues.--The consultation under subparagraph (A)
shall involve, as available, consideration of--
``(i) metropolitan transportation plans with Federal,
tribal, State, and local conservation plans or maps; and
``(ii) inventories of natural or historic resources.
``(8) Selection of projects from illustrative list.--
Notwithstanding paragraph (4), a State or metropolitan
planning organization shall not be required to select any
project from the illustrative list of additional projects
included in the metropolitan transportation plan under
paragraph (2)(C)(ix).
``(j) Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--In cooperation with the applicable State
and any affected public transportation operator, the
metropolitan planning organization designated for a
metropolitan area shall develop a transportation improvement
program for the metropolitan planning area that--
``(i) contains projects consistent with the current
metropolitan transportation plan;
``(ii) reflects the investment priorities established in
the current metropolitan transportation plan; and
``(iii) once implemented, will make significant progress
toward achieving the targets established under subsection
(h)(2).
``(B) Opportunity for participation.--In developing the
transportation improvement program, the metropolitan planning
organization, in cooperation with the State and any affected
public transportation operator, shall provide an opportunity
for participation by interested parties, in accordance with
subsection (h)(4).
``(C) Updating and approval.--The transportation
improvement program shall be--
``(i) updated not less frequently than once every 4 years,
on a cycle compatible with the development of the relevant
statewide transportation improvement program under section
135; and
``(ii) approved by the applicable Governor.
``(2) Contents.--
[[Page S453]]
``(A) Priority list.--The transportation improvement
program shall include a priority list of proposed federally
supported projects and strategies to be carried out during
the 4-year period beginning on the date of adoption of the
transportation improvement program, and each 4-year period
thereafter, using existing and reasonably available revenues
in accordance with the financial plan under paragraph (3).
``(B) Descriptions.--Each project described in the
transportation improvement program shall include sufficient
descriptive material (such as type of work, termini, length,
and other similar factors) to identify the project or phase
of the project and the effect that the project or project
phase will have in addressing the targets described in
subsection (h)(2).
``(C) Performance target achievement.--The transportation
improvement program shall include, to the maximum extent
practicable, a description of the anticipated effect of the
transportation improvement program on attainment of the
performance targets established in the metropolitan
transportation plan, linking investment priorities to those
performance targets.
``(D) Illustrative list of projects.--In developing a
transportation improvement program, an optional illustrative
list of projects may be prepared containing additional
investment priorities that--
``(i) are not included in the transportation improvement
program; but
``(ii) would be so included if resources in addition to the
resources identified in the financial plan under paragraph
(3) were available.
``(3) Financial plan.--A financial plan referred to in
paragraph (2)(D)(ii) shall--
``(A) be prepared by each metropolitan planning
organization to support the transportation improvement
program; and
``(B) contain a description of each of the following:
``(i) Projected resource requirements for implementing
projects, strategies, and services recommended in the
transportation improvement program, including existing and
projected system operating and maintenance needs, proposed
enhancement and expansions to the system, projected available
revenue from Federal, State, local, and private sources, and
innovative financing techniques to finance projects and
programs.
``(ii) The projected difference between costs and revenues,
and strategies for securing additional new revenue (such as
by capture of some of the economic value created by any new
investment).
``(iii) Estimates of future funds, to be developed
cooperatively by the metropolitan planning organization, any
public transportation agency, and the State, that are
reasonably expected to be available to support the investment
priorities recommended in the transportation improvement
program.
``(iv) Each applicable project, only if full funding can
reasonably be anticipated to be available for the project
within the time period contemplated for completion of the
project.
``(4) Included projects.--
``(A) Projects under this title and chapter 53 of title
49.--A transportation improvement program developed under
this subsection for a metropolitan area shall include a
description of the projects within the area that are proposed
for funding under chapter 1 of this title and chapter 53 of
title 49.
``(B) Projects under chapter 2.--
``(i) Regionally significant.--Each regionally significant
project proposed for funding under chapter 2 shall be
identified individually in the transportation improvement
program.
``(ii) Nonregionally significant.--A description of each
project proposed for funding under chapter 2 that is not
determined to be regionally significant shall be contained in
1 line item or identified individually in the transportation
improvement program.
``(5) Opportunity for participation.--Before approving a
transportation improvement program, a metropolitan planning
organization, in cooperation with the State and any affected
public transportation operator, shall provide an opportunity
for participation by interested parties in the development of
the transportation improvement program, in accordance with
subsection (h)(4).
``(6) Selection of projects.--
``(A) In general.--Each tier I MPO and tier II MPO shall
select projects carried out within the boundaries of the
applicable metropolitan planning area from the transportation
improvement program, in consultation with the relevant State
and on concurrence of the affected facility owner, for funds
apportioned to the State under section 104(b)(2) and
suballocated to the metropolitan planning area under section
133(d).
``(B) CMAQ projects.--Each tier I MPO shall select projects
carried out within the boundaries of the applicable
metropolitan planning area from the transportation
improvement program, in consultation with the relevant State
and on concurrence of the affected facility owner, for funds
apportioned to the State under section 104(b)(4) and
suballocated to the metropolitan planning area under section
149(j).
``(C) Modifications to project priority.--Notwithstanding
any other provision of law, approval by the Secretary shall
not be required to carry out a project included in a
transportation improvement program in place of another
project in the transportation improvement program.
``(7) Publication.--
``(A) In general.--A transportation improvement program
shall be published or otherwise made readily available by the
applicable metropolitan planning organization for public
review in electronically accessible formats and means, such
as the Internet.
``(B) Annual list of projects.--An annual list of projects,
including investments in pedestrian walkways, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation, for which Federal funds
have been obligated during the preceding fiscal year shall be
published or otherwise made available by the cooperative
effort of the State, transit operator, and metropolitan
planning organization in electronically accessible formats
and means, such as the Internet, in a manner that is
consistent with the categories identified in the relevant
transportation improvement program.
``(k) Planning Requirements for Tier II MPOs.--
``(1) In general.--The Secretary may provide for the
performance-based development of a metropolitan
transportation plan and transportation improvement program
for the metropolitan planning area of a tier II MPO, as the
Secretary determines to be appropriate, taking into account--
``(A) the complexity of transportation needs in the area;
and
``(B) the technical capacity of the metropolitan planning
organization.
``(2) Evaluation of performance-based planning.--In
reviewing a tier II MPO under subsection (m), the Secretary
shall take into consideration the effectiveness of the tier
II MPO in implementing and maintaining a performance-based
planning process that--
``(A) addresses the targets described in subsection (h)(2);
and
``(B) demonstrates progress on the achievement of those
targets.
``(l) Certification.--
``(1) In general.--The Secretary shall--
``(A) ensure that the metropolitan transportation planning
process of a metropolitan planning organization is being
carried out in accordance with applicable Federal law; and
``(B) subject to paragraph (2), certify, not less
frequently than once every 4 years, that the requirements of
subparagraph (A) are met with respect to the metropolitan
transportation planning process.
``(2) Requirements for certification.--The Secretary may
make a certification under paragraph (1)(B) if--
``(A) the metropolitan transportation planning process
complies with the requirements of this section and other
applicable Federal law; and
``(B) a transportation improvement program for the
metropolitan planning area has been approved by the relevant
metropolitan planning organization and Governor.
``(3) Delegation of authority.--The Secretary may--
``(A) delegate to the appropriate State fact-finding
authority regarding the certification of a tier II MPO under
this subsection; and
``(B) make the certification under paragraph (1) in
consultation with the State.
``(4) Effect of failure to certify.--
``(A) Withholding of project funds.--If a metropolitan
transportation planning process of a metropolitan planning
organization is not certified under paragraph (1), the
Secretary may withhold up to 20 percent of the funds
attributable to the metropolitan planning area of the
metropolitan planning organization for projects funded under
this title and chapter 53 of title 49.
``(B) Restoration of withheld funds.--Any funds withheld
under subparagraph (A) shall be restored to the metropolitan
planning area on the date of certification of the
metropolitan transportation planning process by the
Secretary.
``(5) Public involvement.--In making a determination
regarding certification under this subsection, the Secretary
shall provide for public involvement appropriate to the
metropolitan planning area under review.
``(m) Performance-based Planning Processes Evaluation.--
``(1) In general.--The Secretary shall establish criteria
to evaluate the effectiveness of the performance-based
planning processes of metropolitan planning organizations
under this section, taking into consideration the following:
``(A) The extent to which the metropolitan planning
organization has achieved, or is currently making substantial
progress toward achieving, the targets specified in
subsection (h)(2), taking into account whether the
metropolitan planning organization developed meaningful
performance targets.
``(B) The extent to which the metropolitan planning
organization has used proven best practices that help ensure
transportation investment that is efficient and cost-
effective.
``(C) The extent to which the metropolitan planning
organization--
``(i) has developed an investment process that relies on
public input and awareness to ensure that investments are
transparent and accountable; and
``(ii) provides regular reports allowing the public to
access the information being collected in a format that
allows the public to meaningfully assess the performance of
the metropolitan planning organization.
``(2) Report.--
``(A) In general.--Not later than 5 years after the date of
enactment of the MAP-21, the Secretary shall submit to
Congress a report evaluating--
[[Page S454]]
``(i) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments;
and
``(ii) the effectiveness of the performance-based planning
process of each metropolitan planning organization under this
section.
``(B) Publication.--The report under subparagraph (A) shall
be published or otherwise made available in electronically
accessible formats and means, including on the Internet.
``(n) Additional Requirements for Certain Nonattainment
Areas.--
``(1) In general.--Notwithstanding any other provision of
this title or chapter 53 of title 49, Federal funds may not
be advanced in any metropolitan planning area classified as a
nonattainment area or maintenance area for any highway
project that will result in a significant increase in the
carrying capacity for single-occupant vehicles, unless the
owner or operator of the project demonstrates that the
project will achieve or make substantial progress toward
achieving the targets described in subsection (h)(2).
``(2) Applicability.--This subsection applies to any
nonattainment area or maintenance area within the boundaries
of a metropolitan planning area, as determined under
subsection (c).
``(o) Effect of Section.--Nothing in this section provides
to any metropolitan planning organization the authority to
impose any legal requirement on any transportation facility,
provider, or project not subject to the requirements of this
title or chapter 53 of title 49.
``(p) Funding.--Funds apportioned under section 104(b)(6)
of this title and set aside under section 5305(g) of title 49
shall be available to carry out this section.
``(q) Continuation of Current Review Practice.--
``(1) In general.--In consideration of the factors
described in paragraph (2), any decision by the Secretary
concerning a metropolitan transportation plan or
transportation improvement program shall not be considered to
be a Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Description of factors.--The factors referred to in
paragraph (1) are that--
``(A) metropolitan transportation plans and transportation
improvement programs are subject to a reasonable opportunity
for public comment;
``(B) the projects included in metropolitan transportation
plans and transportation improvement programs are subject to
review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
``(C) decisions by the Secretary concerning metropolitan
transportation plans and transportation improvement programs
have not been reviewed under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) as of January 1,
1997.
``(r) Schedule for Implementation.--The Secretary shall
issue guidance on a schedule for implementation of the
changes made by this section, taking into consideration the
established planning update cycle for metropolitan planning
organizations. The Secretary shall not require a metropolitan
planning organization to deviate from its established
planning update cycle to implement changes made by this
section. Metropolitan planning organizations shall reflect
changes made to their transportation plan or transportation
improvement program updates by 2 years after the date of
issuance of guidance by the Secretary.''.
SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION
PLANNING.
(a) In General.--Section 135 of title 23, United States
Code, is amended to read as follows:
``Sec. 135. Statewide and nonmetropolitan transportation
planning
``(a) Statewide Transportation Plans and STIPs.--
``(1) Development.--
``(A) In general.--To accomplish the policy objectives
described in section 134(a), each State shall develop a
statewide transportation plan and a statewide transportation
improvement program for all areas of the State in accordance
with this section.
``(B) Incorporation of metropolitan transportation plans
and tips.--Each State shall incorporate in the statewide
transportation plan and statewide transportation improvement
program, without change or by reference, the metropolitan
transportation plans and transportation improvement programs,
respectively, for each metropolitan planning area in the
State.
``(C) Nonmetropolitan areas.--Each State shall [coordinate]
consult with local officials in small urbanized and
nonurbanized areas of the State in preparing the
nonmetropolitan portions of statewide transportation plans
and statewide transportation improvement programs.
``(2) Contents.--The statewide transportation plan and
statewide transportation improvement program developed for
each State shall provide for the development and integrated
management and operation of transportation systems and
facilities (including accessible pedestrian walkways, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation) that will function as--
``(A) an intermodal transportation system for the State;
and
``(B) an integral part of an intermodal transportation
system for the United States.
``(3) Process.--The process for developing the statewide
transportation plan and statewide transportation improvement
program shall--
``(A) provide for consideration of all modes of
transportation; and
``(B) be continuing, cooperative, and comprehensive to the
degree appropriate, based on the complexity of the
transportation needs to be addressed.
[``(b) Coordination.--
``(1) In general.--Each State shall--
``(A) coordinate planning carried out under this section
with--
``(i) the transportation planning activities carried out
under section 134 for metropolitan areas of the State; and
``(ii) statewide trade and economic development planning
activities and related multistate planning efforts;
``(B) coordinate planning carried out under this section
with the transportation planning activities carried out by
each nonmetropolitan planning organization in the State, as
applicable; and
``(C) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42
U.S.C. 7401 et seq.).]
``(b) Coordination and Consultation.--
``(1) In general.--Each State shall--
``(A) coordinate planning carried out under this section
with--
``(i) the transportation planning activities carried out
under section 134 for metropolitan areas of the State; and
``(ii) statewide trade and economic development planning
activities and related multistate planning efforts;
``(B) coordinate planning carried out under this section
with the transportation planning activities carried out by
each nonmetropolitan planning organization in the State, as
applicable;
``(C) consult on planning carried out under this section
with the transportation planning activities carried out by
each rural planning organization in the State, as applicable;
and
``(D) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42
U.S.C. 7401 et seq.).
``(2) Multistate areas.--
``(A) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a multistate
metropolitan planning area and the appropriate metropolitan
planning organizations to provide coordinated transportation
planning for the entire metropolitan area.
``(B) Coordination along designated transportation
corridors.--The Secretary shall encourage each Governor with
responsibility for a portion of a multistate transportation
corridor to provide coordinated transportation planning for
the entire designated corridor.
``(C) Interstate compacts.--For purposes of this section,
any 2 or more States--
``(i) may enter into compacts, agreements, or organizations
not in conflict with any Federal law for cooperative efforts
and mutual assistance in support of activities authorized
under this section, as the activities relate to interstate
areas and localities within the States;
``(ii) may establish such agencies (joint or otherwise) as
the States determine to be appropriate for ensuring the
effectiveness of the agreements and compacts; and
``(iii) are encouraged to enter into such compacts,
agreements, or organizations as are appropriate to develop
planning documents in support of intercity or multistate area
projects, facilities, and services, the relevant components
of which shall be reflected in statewide transportation
improvement programs and statewide transportation plans.
``(D) Reservation of rights.--The right to alter, amend, or
repeal any interstate compact or agreement entered into under
this subsection is expressly reserved.
``(c) Relationship With Other Planning Officials.--
``(1) In general.--The Secretary shall encourage each State
to cooperate with Federal, tribal, State, and local officers
and entities responsible for other types of planning
activities that are affected by transportation in the
relevant area (including planned growth, economic
development, infrastructure services, housing, other public
services, environmental protection, airport operations, high-
speed and intercity passenger rail, freight rail, port
access, and freight movements), to the maximum extent
practicable, to ensure that the statewide and nonmetropolitan
planning process, statewide transportation plans, and
statewide transportation improvement programs are developed
with due consideration for other related planning activities
in the State.
``(2) Inclusion.--Cooperation under paragraph (1) shall
include the design and delivery of transportation services
within the State that are provided by--
``(A) recipients of assistance under sections 202, 203, and
204;
``(B) recipients of assistance under chapter 53 of title
49;
``(C) government agencies and nonprofit organizations
(including representatives of the agencies and organizations)
that receive Federal assistance from a source other than the
Department of Transportation to provide nonemergency
transportation services; and
``(D) sponsors of regionally significant programs,
projects, and services that are related to transportation and
receive assistance from any public or private source.
``(d) Scope of Planning Process.--
``(1) In general.--The statewide transportation planning
process for a State under this section shall provide for
consideration of projects, strategies, and services that
will--
[[Page S455]]
``(A) support the economic vitality of the United States,
the State, nonmetropolitan areas, and metropolitan areas,
especially by enabling global competitiveness, productivity,
and efficiency;
``(B) increase the safety of the transportation system for
motorized and nonmotorized users;
``(C) increase the security of the transportation system
for motorized and nonmotorized users;
``(D) increase the accessibility and mobility of
individuals and freight;
``(E) protect and enhance the environment, promote energy
conservation, improve the quality of life, and promote
consistency between transportation improvements and State and
local planned growth and economic development patterns;
``(F) enhance the integration and connectivity of the
transportation system, across and between modes, for
individuals and freight;
``(G) increase efficient system management and operation;
and
``(H) emphasize the preservation of the existing
transportation system.
``(2) Performance-based approach.--
``(A) In general.--The statewide transportation planning
process shall provide for the establishment and use of a
performance-based approach to transportation decisionmaking
to support the national goals described in section 150(b).
``(B) Performance targets.--
``(i) In general.--Each State shall establish performance
targets that address the performance measures described in
sections 119(f), 148(h), [149(k),] and 167(i) to use in
tracking attainment of critical outcomes for the region of
the State.
``(ii) Coordination.--Selection of performance targets by a
State shall be coordinated with relevant metropolitan
planning organizations to ensure consistency, to the maximum
extent practicable.
``(C) Integration of other performance-based plans.--A
State shall integrate into the statewide transportation
planning process, directly or by reference, the goals,
objectives, performance measures, and targets described in
this paragraph in other State plans and processes required as
part of a performance-based program, including plans such
as--
``(i) the State National Highway System asset management
plan;
``(ii) the State strategic highway safety plan; and
[``(iii) the congestion mitigation and air quality
performance plan; and
``(iv)](iii) the national freight strategic plan.
``(D) Use of performance measures and targets.--The
performance measures and targets established under this
paragraph shall be used, at a minimum, by a State as the
basis for development of policies, programs, and investment
priorities reflected in the statewide transportation plan and
statewide transportation improvement program.
``(3) Failure to consider factors.--The failure to take
into consideration 1 or more of the factors specified in
paragraphs (1) and (2) shall not be subject to review by any
court under this title, chapter 53 of title 49, subchapter II
of chapter 5 of title 5, or chapter 7 of title 5 in any
matter affecting a statewide transportation plan, a statewide
transportation improvement program, a project or strategy, or
the certification of a planning process.
``(4) Participation by interested parties.--
``(A) In general.--Each State shall provide to affected
individuals, public agencies, and other interested parties
notice and a reasonable opportunity to comment on the
statewide transportation plan and statewide transportation
improvement program.
``(B) Methods.--In carrying out subparagraph (A), the State
shall, to the maximum extent practicable--
``(i) develop the statewide transportation plan and
statewide transportation improvement program in consultation
with interested parties, as appropriate, including by the
formation of advisory groups representative of the State and
interested parties that participate in the development of the
statewide transportation plan and statewide transportation
improvement program;
``(ii) hold any public meetings at times and locations that
are, as applicable--
``(I) convenient; and
``(II) in compliance with the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.);
``(iii) employ visualization techniques to describe
statewide transportation plans and statewide transportation
improvement programs; and
``(iv) make public information available in appropriate
electronically accessible formats and means, such as the
Internet, to afford reasonable opportunity for consideration
of public information under subparagraph (A).
``(e) Coordination and Consultation.--
``(1) Metropolitan areas.--
``(A) In general.--Each State shall develop a statewide
transportation plan and statewide transportation improvement
program for each metropolitan area in the State by
incorporating, without change or by reference, at a minimum,
as prepared by each metropolitan planning organization
designated for the metropolitan area under section 134--
``(i) all regionally significant projects to be carried out
during the 10-year period beginning on the effective date of
the relevant existing metropolitan transportation plan; and
``(ii) all projects to be carried out during the 4-year
period beginning on the effective date of the relevant
transportation improvement program.
``(B) Projected costs.--Each metropolitan planning
organization shall provide to each applicable State a
description of the projected costs of implementing the
projects included in the metropolitan transportation plan of
the metropolitan planning organization for purposes of long-
range financial planning and fiscal constraint.
``(2) Nonmetropolitan areas.--With respect to
nonmetropolitan areas in a State, the statewide
transportation plan and statewide transportation improvement
program of the State shall be developed in [coordination]
consultation with affected nonmetropolitan local officials
with responsibility for transportation.
``(3) Indian tribal areas.--With respect to each area of a
State under the jurisdiction of an Indian tribe, the
statewide transportation plan and statewide transportation
improvement program of the State shall be developed in
consultation with--
``(A) the tribal government; and
``(B) the Secretary of the Interior.
``(4) Federal land management agencies.--With respect to
each area of a State under the jurisdiction of a Federal land
management agency, the statewide transportation plan and
statewide transportation improvement program of the State
shall be developed in consultation with the relevant Federal
land management agency.
``(5) Consultation, comparison, and consideration.--
``(A) In general.--A statewide transportation plan shall be
developed, as appropriate, in consultation with Federal,
tribal, State, and local agencies responsible for land use
management, natural resources, infrastructure permitting,
environmental protection, conservation, and historic
preservation.
``(B) Comparison and consideration.--Consultation under
subparagraph (A) shall involve the comparison of statewide
transportation plans to, as available--
``(i) Federal, tribal, State, and local conservation plans
or maps; and
``(ii) inventories of natural or historic resources.
``(f) Statewide Transportation Plan.--
``(1) Development.--
``(A) In general.--Each State shall develop a statewide
transportation plan, the forecast period of which shall be
not less than 20 years for all areas of the State, that
provides for the development and implementation of the
intermodal transportation system of the State.
``(B) Initial period.--A statewide transportation plan
shall include, at a minimum, for the first 10-year period of
the statewide transportation plan, the identification of
existing and future transportation facilities that will
function as an integrated statewide transportation system,
giving emphasis to those facilities that serve important
national, statewide, and regional transportation functions.
``(C) Subsequent period.--For the second 10-year period of
the statewide transportation plan (referred to in this
subsection as the `outer years period'), a statewide
transportation plan--
``(i) may include identification of future transportation
facilities; and
``(ii) shall describe the policies and strategies that
provide for the development and implementation of the
intermodal transportation system of the State.
``(D) Other requirements.--A statewide transportation plan
shall--
``(i) include, for the 20-year period covered by the
statewide transportation plan, a description of--
``(I) the projected aggregate cost of projects anticipated
by a State to be implemented; and
``(II) the revenues necessary to support the projects;
``(ii) include, in such form as the Secretary determines to
be appropriate, a description of--
``(I) the existing transportation infrastructure, including
an identification of highways, local streets and roads,
bicycle and pedestrian facilities, transit facilities and
services, commuter rail facilities and services, high-speed
and intercity passenger rail facilities and services, freight
facilities (including freight railroad and port facilities),
multimodal and intermodal facilities, and intermodal
connectors that, evaluated in the aggregate, function as an
integrated transportation system;
``(II) the performance measures and performance targets
used in assessing the existing and future performance of the
transportation system described in subsection (d)(2);
``(III) the current and projected future usage of the
transportation system, including, to the maximum extent
practicable, an identification of existing or planned
transportation rights-of-way, corridors, facilities, and
related real properties;
``(IV) a system performance report evaluating the existing
and future condition and performance of the transportation
system with respect to the performance targets described in
subsection (d)(2) and updates to subsequent system
performance reports, including--
``(aa) progress achieved by the State in meeting
performance targets, as compared to system performance
recorded in previous reports; and
``(bb) an accounting of the performance by the State on
outlay of obligated project
[[Page S456]]
funds and delivery of projects that have reached substantial
completion, in relation to the projects currently on the
statewide transportation improvement program and those
projects that have been removed from the previous statewide
transportation improvement program;
``(V) recommended strategies and investments for improving
system performance over the planning horizon, including
transportation systems management and operations strategies,
maintenance strategies, demand management strategies, asset
management strategies, capacity and enhancement investments,
land use improvements, intelligent transportation systems
deployment and technology adoption strategies as determined
by the projected support of targets described in subsection
(d)(2);
``(VI) recommended strategies and investments to improve
and integrate disability-related access to transportation
infrastructure;
``(VII) investment priorities for using projected available
and proposed revenues over the short- and long-term stages of
the planning horizon, in accordance with the financial plan
required under paragraph (2);
``(VIII) a description of interstate compacts entered into
in order to promote coordinated transportation planning in
multistate areas, if applicable;
``(IX) an optional illustrative list of projects containing
investments that--
``(aa) are not included in the statewide transportation
plan; but
``(bb) would be so included if resources in addition to the
resources identified in the financial plan under paragraph
(2) were available;
``(X) a discussion (developed in consultation with Federal,
State, and tribal wildlife, land management, and regulatory
agencies) of types of potential environmental and stormwater
mitigation activities and potential areas to carry out those
activities, including activities that may have the greatest
potential to restore and maintain the environmental functions
affected by the statewide transportation plan; and
``(XI) recommended strategies and investments, including
those developed by the State as part of interstate compacts,
agreements, or organizations, that support intercity
transportation; and
``(iii) be updated by the State not less frequently than
once every 5 years.
``(2) Financial plan.--A financial plan referred to in
paragraph (1)(D)(ii)(VII) shall--
``(A) be prepared by each State to support the statewide
transportation plan; and
``(B) contain a description of each of the following:
``(i) Projected resource requirements during the 20-year
planning horizon for implementing projects, strategies, and
services recommended in the statewide transportation plan,
including existing and projected system operating and
maintenance needs, proposed enhancement and expansions to the
system, projected available revenue from Federal, State,
local, and private sources, and innovative financing
techniques to finance projects and programs.
``(ii) The projected difference between costs and revenues,
and strategies for securing additional new revenue (such as
by capture of some of the economic value created by any new
investment).
``(iii) Estimates of future funds, to be developed
cooperatively by the State, any public transportation agency,
and relevant metropolitan planning organizations, that are
reasonably expected to be available to support the investment
priorities recommended in the statewide transportation plan.
``(iv) Each applicable project, only if full funding can
reasonably be anticipated to be available for the project
within the time period contemplated for completion of the
project.
``(v) For the outer years period of the statewide
transportation plan, a description of the aggregate cost
ranges or bands, subject to the condition that any future
funding source shall be reasonably expected to be available
to support the projected cost ranges or bands.
``(3) Coordination with clean air act agencies.--For any
nonmetropolitan area that is a nonattainment area or
maintenance area, the State shall coordinate the development
of the statewide transportation plan with the process for
development of the transportation control measures of the
State implementation plan required by the Clean Air Act (42
U.S.C. 7401 et seq.).
``(4) Publication.--A statewide transportation plan
involving Federal and non-Federal participation programs,
projects, and strategies shall be published or otherwise made
readily available by the State for public review, including
(to the maximum extent practicable) in electronically
accessible formats and means, such as the Internet, in such
manner as the Secretary shall require.
``(5) Selection of projects from illustrative list.--
Notwithstanding paragraph (2), a State shall not be required
to select any project from the illustrative list of
additional projects included in the statewide transportation
plan under paragraph (1)(D)(ii)(IX).
``(6) Use of policy plans.--Notwithstanding any other
provision of this section, a State that has in effect, as of
the date of enactment of the MAP-21, a statewide
transportation plan that follows a policy plan approach--
``(A) may, for 4 years after the date of enactment of the
MAP-21, continue to use a policy plan approach to the
statewide transportation plan; and
``(B) shall be subject to the requirements of this
subsection only to the extent that such requirements were
applicable under this section (as in effect on the day before
the date of enactment of the MAP-21).
``(g) Statewide Transportation Improvement Programs.--
``(1) Development.--
``(A) In general.--In [cooperation] consultation with
nonmetropolitan officials with responsibility for
transportation and affected public transportation operators,
the State shall develop a statewide transportation
improvement program for the State that--
``(i) includes projects consistent with the statewide
transportation plan;
``(ii) reflects the investment priorities established in
the statewide transportation plan; and
``(iii) once implemented, makes significant progress toward
achieving the targets described in subsection (d)(2).
``(B) Opportunity for participation.--In developing a
statewide transportation improvement program, the State, in
cooperation with affected public transportation operators,
shall provide an opportunity for participation by interested
parties in the development of the statewide transportation
improvement program, in accordance with subsection (e).
``(C) Other requirements.--
``(i) In general.--A statewide transportation improvement
program shall--
``(I) cover a period of not less than 4 years; and
``(II) be updated not less frequently than once every 4
years, or more frequently, as the Governor determines to be
appropriate.
``(ii) Incorporation of tips.--A statewide transportation
improvement program shall incorporate any relevant
transportation improvement program developed by a
metropolitan planning organization under section 134, without
change.
``(iii) Projects.--Each project included in a statewide
transportation improvement program shall be--
``(I) consistent with the statewide transportation plan
developed under this section for the State;
``(II) identical to a project or phase of a project
described in a relevant transportation improvement program;
and
``(III) for any project located in a nonattainment area or
maintenance area, carried out in accordance with the
applicable State air quality implementation plan developed
under the Clean Air Act (42 U.S.C. 7401 et seq.).
``(2) Contents.--
``(A) Priority list.--A statewide transportation
improvement program shall include a priority list of proposed
federally supported projects and strategies, to be carried
out during the 4-year period beginning on the date of
adoption of the statewide transportation improvement program,
and during each 4-year period thereafter, using existing and
reasonably available revenues in accordance with the
financial plan under paragraph (3).
``(B) Descriptions.--Each project or phase of a project
included in a statewide transportation improvement program
shall include sufficient descriptive material (such as type
of work, termini, length, estimated completion date, and
other similar factors) to identify--
``(i) the project or project phase; and
``(ii) the effect that the project or project phase will
have in addressing the targets described in subsection
(d)(2).
``(C) Performance target achievement.--A statewide
transportation improvement program shall include, to the
maximum extent practicable, a discussion of the anticipated
effect of the statewide transportation improvement program
toward achieving the performance targets established in the
statewide transportation plan, linking investment priorities
to those performance targets.
``(D) Illustrative list of projects.--An optional
illustrative list of projects may be prepared containing
additional investment priorities that--
``(i) are not included in the statewide transportation
improvement program; but
``(ii) would be so included if resources in addition to the
resources identified in the financial plan under paragraph
(3) were available.
``(3) Financial plan.--A financial plan referred to in
paragraph (2)(A) shall--
``(A) be prepared by each State to support the statewide
transportation improvement program; and
``(B) contain a description of each of the following:
``(i) Projected resource requirements for implementing
projects, strategies, and services recommended in the
statewide transportation improvement program, including
existing and projected system operating and maintenance
needs, proposed enhancement and expansions to the system,
projected available revenue from Federal, State, local, and
private sources, and innovative financing techniques to
finance projects and programs.
``(ii) The projected difference between costs and revenues,
and strategies for securing additional new revenue (such as
by capture of some of the economic value created by any new
investment).
``(iii) Estimates of future funds, to be developed
cooperatively by the State and relevant metropolitan planning
organizations and public transportation agencies, that are
reasonably expected to be available to support the investment
priorities recommended
[[Page S457]]
in the statewide transportation improvement program.
``(iv) Each applicable project, only if full funding can
reasonably be anticipated to be available for the project
within the time period contemplated for completion of the
project.
``(4) Included projects.--
``(A) Projects under this title and chapter 53 of title
49.--A statewide transportation improvement program developed
under this subsection for a State shall include the projects
within the State that are proposed for funding under chapter
1 of this title and chapter 53 of title 49.
``(B) Projects under chapter 2.--
``(i) Regionally significant.--Each regionally significant
project proposed for funding under chapter 2 shall be
identified individually in the statewide transportation
improvement program.
``(ii) Nonregionally significant.--A description of each
project proposed for funding under chapter 2 that is not
determined to be regionally significant shall be contained in
1 line item or identified individually in the statewide
transportation improvement program.
``(5) Publication.--
``(A) In general.--A statewide transportation improvement
program shall be published or otherwise made readily
available by the State for public review in electronically
accessible formats and means, such as the Internet.
``(B) Annual list of projects.--An annual list of projects,
including investments in pedestrian walkways, bicycle
transportation facilities, and intermodal facilities that
support intercity transportation, for which Federal funds
have been obligated during the preceding fiscal year shall be
published or otherwise made available by the cooperative
effort of the State, transit operator, and relevant
metropolitan planning organizations in electronically
accessible formats and means, such as the Internet, in a
manner that is consistent with the categories identified in
the relevant statewide transportation improvement program.
``(6) Project selection for urbanized areas with
populations of fewer than 200,000 not represented by
designated mpos.--Projects carried out in urbanized areas
with populations of fewer than 200,000 individuals, and that
are not represented by designated metropolitan planning
organizations, shall be selected, from the approved statewide
transportation improvement program (including projects
carried out on the National Highway System and other projects
carried out under this title or under sections 5310 and 5311
of title 49) by the State, in cooperation with the affected
nonmetropolitan planning organization, if any exists, and in
consultation with the affected nonmetropolitan area local
officials with responsibility for transportation.
``(7) Approval by secretary.--
``(A) In general.--Not less frequently than once every 4
years, a statewide transportation improvement program
developed under this subsection shall be reviewed and
approved by the Secretary, based on the current planning
finding of the Secretary under subparagraph (B).
``(B) Planning finding.--The Secretary shall make a
planning finding referred to in subparagraph (A) not less
frequently than once every 5 years regarding whether the
transportation planning process through which statewide
transportation plans and statewide transportation improvement
programs are developed is consistent with this section and
section 134.
``(8) Modifications to project priority.--Notwithstanding
any other provision of law, approval by the Secretary shall
not be required to carry out a project included in an
approved statewide transportation improvement program in
place of another project in the statewide transportation
improvement program.
``(h) Certification.--
``(1) In general.--The Secretary shall--
``(A) ensure that the statewide transportation planning
process of a State is being carried out in accordance with
applicable Federal law; and
``(B) subject to paragraph (2), certify, not less
frequently than once every 5 years, that the requirements of
subparagraph (A) are met with respect to the statewide
transportation planning process.
``(2) Requirements for certification.--The Secretary may
make a certification under paragraph (1)(B) if--
``(A) the statewide transportation planning process
complies with the requirements of this section and other
applicable Federal law; and
``(B) a statewide transportation improvement program for
the State has been approved by the Governor of the State.
``(3) Effect of failure to certify.--
``(A) Withholding of project funds.--If a statewide
transportation planning process of a State is not certified
under paragraph (1), the Secretary may withhold up to 20
percent of the funds attributable to the State for projects
funded under this title and chapter 53 of title 49.
``(B) Restoration of withheld funds.--Any funds withheld
under subparagraph (A) shall be restored to the State on the
date of certification of the statewide transportation
planning process by the Secretary.
``(4) Public involvement.--In making a determination
regarding certification under this subsection, the Secretary
shall provide for public involvement appropriate to the State
under review.
``(i) Performance-based Planning Processes Evaluation.--
``(1) In general.--The Secretary shall establish criteria
to evaluate the effectiveness of the performance-based
planning processes of States, taking into consideration the
following:
``(A) The extent to which the State has achieved, or is
currently making substantial progress toward achieving, the
targets described in subsection (d)(2), taking into account
whether the State developed meaningful performance targets.
``(B) The extent to which the State has used proven best
practices that help ensure transportation investment that is
efficient and cost-effective.
``(C) The extent to which the State--
``(i) has developed an investment process that relies on
public input and awareness to ensure that investments are
transparent and accountable; and
``(ii) provides regular reports allowing the public to
access the information being collected in a format that
allows the public to meaningfully assess the performance of
the State.
``(2) Report.--
``(A) In general.--Not later than 5 years after the date of
enactment of the MAP-21, the Secretary shall submit to
Congress a report evaluating--
``(i) the overall effectiveness of performance-based
planning as a tool for guiding transportation investments;
and
``(ii) the effectiveness of the performance-based planning
process of each State.
``(B) Publication.--The report under subparagraph (A) shall
be published or otherwise made available in electronically
accessible formats and means, including on the Internet.
``(j) Funding.--Funds apportioned under section 104(b)(6)
of this title and set aside under section 5305(g) of title 49
shall be available to carry out this section.
``(k) Continuation of Current Review Practice.--
``(1) In general.--In consideration of the factors
described in paragraph (2), any decision by the Secretary
concerning a statewide transportation plan or statewide
transportation improvement program shall not be considered to
be a Federal action subject to review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(2) Description of factors.--The factors referred to in
paragraph (1) are that--
``(A) statewide transportation plans and statewide
transportation improvement programs are subject to a
reasonable opportunity for public comment;
``(B) the projects included in statewide transportation
plans and statewide transportation improvement programs are
subject to review under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
``(C) decisions by the Secretary concerning statewide
transportation plans and statewide transportation improvement
programs have not been reviewed under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) as
of January 1, 1997.
``(l) Schedule for Implementation.--The Secretary shall
issue guidance on a schedule for implementation of the
changes made by this section, taking into consideration the
established planning update cycle for States. The Secretary
shall not require a State to deviate from its established
planning update cycle to implement changes made by this
section. States shall reflect changes made to their
transportation plan or transportation improvement program
updates by 2 years after the date of issuance of guidance by
the Secretary.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 135 and inserting the following:
``135. Statewide and nonmetropolitan transportation planning.''.
SEC. 1203. NATIONAL GOALS.
(a) In General.--Section 150 of title 23, United States
Code, is amended to read as follows:
``Sec. 150. National goals
``(a) Declaration of Policy.--Performance management will
transform the Federal-aid highway program and provide a means
to the most efficient investment of Federal transportation
funds by refocusing on national transportation goals,
increasing the accountability and transparency of the
Federal-aid highway program, and improving project
decisionmaking through performance-based planning and
programming.
``(b) National Goals.--It is in the interest of the United
States to focus the Federal-aid highway program on the
following national goals:
``(1) Safety.--To achieve a significant reduction in
traffic fatalities and serious injuries on all public roads.
``(2) Infrastructure condition.--To maintain the highway
infrastructure asset system in a state of good repair.
``(3) System reliability.--To improve the efficiency of the
surface transportation system.
``(4) Freight movement and economic vitality.--To improve
the national freight network, strengthen the ability of rural
communities to access national and international trade
markets, and support regional economic development.
``(5) Environmental sustainability.--To enhance the
performance of the transportation system while protecting and
enhancing the natural environment.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code,
[[Page S458]]
is amended by striking the item relating to section 150 and
inserting the following:
``150. National goals.''.
Subtitle C--Acceleration of Project Delivery
SEC. 1301. PROJECT DELIVERY INITIATIVE.
(a) Declaration of Policy.--It is the policy of the United
States that--
(1) it is in the national interest for the Department,
State departments of transportation, transit agencies, and
all other recipients of Federal transportation funds--
(A) to accelerate project delivery and reduce costs; and
(B) to ensure that the planning, design, engineering,
construction, and financing of transportation projects is
done in an efficient and effective manner, promoting
accountability for public investments and encouraging greater
private sector involvement in project financing and delivery
while enhancing safety and protecting the environment;
(2) delay in the delivery of transportation projects
increases project costs, harms the economy of the United
States, and impedes the travel of the people of the United
States and the shipment of goods for the conduct of commerce;
and
(3) the Secretary shall identify and promote the deployment
of innovation aimed at reducing the time and money required
to deliver transportation projects while enhancing safety and
protecting the environment.
(b) Establishment of Initiative.--
(1) In general.--To advance the policy described in
subsection (a), the Secretary shall carry out a project
delivery initiative under this section.
(2) Purposes.--The purposes of the project delivery
initiative shall be--
(A) to develop and advance the use of best practices to
accelerate project delivery and reduce costs across all modes
of transportation and expedite the deployment of technology
and innovation;
(B) to implement provisions of law designed to accelerate
project delivery; and
(C) to select eligible projects for applying experimental
features to test innovative project delivery techniques.
(3) Advancing the use of best practices.--
(A) In general.--In carrying out the initiative under this
section, the Secretary shall identify and advance best
practices to reduce delivery time and project costs, from
planning through construction, for transportation projects
and programs of projects regardless of mode and project size.
(B) Administration.--To advance the use of best practices,
the Secretary shall--
(i) engage interested parties, affected communities,
resource agencies, and other stakeholders to gather
information regarding opportunities for accelerating project
delivery and reducing costs;
(ii) establish a clearinghouse for the collection,
documentation, and advancement of existing and new innovative
approaches and best practices;
(iii) disseminate information through a variety of means to
transportation stakeholders on new innovative approaches and
best practices; and
(iv) provide technical assistance to assist transportation
stakeholders in the use of flexibility authority to resolve
project delays and accelerate project delivery if feasible.
(4) Implementation of accelerated project delivery.--The
Secretary shall ensure that the provisions of this subtitle
designed to accelerate project delivery are fully
implemented, including--
(A) expanding eligibility of early acquisition of property
prior to completion of environmental review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
(B) allowing the use of the construction manager or general
contractor method of contracting in the Federal-aid highway
system; and
(C) establishing a demonstration program to streamline the
relocation process by permitting a lump-sum payment for
acquisition and relocation if elected by the displaced
occupant.
SEC. 1302. CLARIFIED ELIGIBILITY FOR EARLY ACQUISITION
ACTIVITIES PRIOR TO COMPLETION OF NEPA REVIEW.
(a) In General.--The acquisition of real property in
anticipation of a federally assisted or approved surface
transportation project that may use the property shall not be
prohibited prior to the completion of reviews of the surface
transportation project under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) if the
acquisition does not--
(1) have an adverse environmental effect; or
(2)(A) limit the choice of reasonable alternatives for the
proposed project; or
(B) prevent the lead agency from making an impartial
decision as to whether to select an alternative that is being
considered during the environmental review process.
(b) Early Acquisition of Real Property Interests for
Highways.--Section 108 of title 23, United States Code, is
amended--
(1) in the section heading by inserting ``interests'' after
``real property'';
(2) in subsection (a) by inserting ``interests'' after
``real property'' each place it appears; and
(3) in subsection (c)--
(A) in the subsection heading by striking ``Rights-of-way''
and inserting ``Real Property Interests'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A) by inserting
``at any time'' after ``may be used''; and
(ii) in subparagraph (A)--
(I) by striking ``rights-of-way'' the first place it
appears and inserting ``real property interests''; and
(II) by striking ``, if the rights-of-way are subsequently
incorporated into a project eligible for surface
transportation program funds''; and
(C) by striking paragraph (2) and inserting the following:
``(2) Terms and conditions.--
``(A) Acquisition of real property interests.--
``(i) In general.--Subject to the other provisions of this
section, prior to completion of the review process for the
project required by the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), a public authority may carry
out acquisition of real property interests that may be used
for a project.
``(ii) Requirements.--An acquisition under clause (i) may
be authorized by project agreement and is eligible for
Federal-aid reimbursement as a project expense if the
Secretary finds that the acquisition--
``(I) will not cause any significant adverse environmental
impact;
``(II) will not limit the choice of reasonable alternatives
for the project or otherwise influence the decision of the
Secretary on any approval required for the project;
``(III) does not prevent the lead agency from making an
impartial decision as to whether to accept an alternative
that is being considered in the environmental review process;
``(IV) is consistent with the State transportation planning
process under section 135;
``(V) complies with other applicable Federal laws
(including regulations);
``(VI) will be acquired through negotiation, without the
threat of condemnation; and
``(VII) will not result in a reduction or elimination of
benefits or assistance to a displaced person required by the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.) and title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).
``(B) Development.--Real property interests acquired under
this subsection may not be developed in anticipation of a
project until all required environmental reviews for the
project have been completed.
``(C) Reimbursement.--If Federal-aid reimbursement is made
for real property interests acquired early under this section
and the real property interests are not subsequently
incorporated into a project eligible for surface
transportation funds within the time allowed by subsection
(a)(2), the Secretary shall offset the amount reimbursed
against funds apportioned to the State.
``(D) Other conditions.--The Secretary may establish such
other conditions or restrictions on acquisitions as the
Secretary determines to be appropriate.''.
SEC. 1303. EFFICIENCIES IN CONTRACTING.
(a) Authority.--Section 112(b) of title 23, United States
Code, is amended by adding at the end the following:
``(4) Construction manager; general contractor.--
``(A) Procedure.--
``(i) In general.--A contracting agency may award a 2-phase
contract to a construction manager or general contractor for
preconstruction and construction services.
``(ii) Preconstruction phase.--In the preconstruction phase
of a contract under this subparagraph, the construction
manager shall provide the contracting agency with advice
relating to scheduling, work sequencing, cost engineering,
constructability, cost estimating, and risk identification.
``(iii) Agreement to price.--
``(I) In general.--Prior to the start of the second phase
of a contract under this subparagraph, the owner and the
construction manager may agree to a price for the
construction of the project or a portion of the project.
``(II) Result.--If an agreement is reached, the
construction manager shall become the general contractor for
the construction of the project at the negotiated schedule
and price.
``(B) Selection.--A contract shall be awarded to a
construction manager or general contractor under this
paragraph using a competitive selection process under which
the contract is awarded on the basis of--
``(i) qualifications;
``(ii) experience;
``(iii) best value; or
``(iv) any other combination of factors considered
appropriate by the contracting agency.
``(C) Timing.--
``(i) In general.--Prior to the completion of the
environmental review process required under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C.
4332), a contracting agency may issue requests for proposals,
proceed with the award of the first phase of construction
manager or general contractor contract, and issue notices to
proceed with preliminary design, to the extent that those
actions do not limit any reasonable range of alternatives.
``(ii) NEPA process.--
``(I) In general.--A contracting agency shall not proceed
with the award of the second phase, and shall not proceed, or
permit any consultant or contractor to proceed, with final
design or construction until completion of the environmental
review process
[[Page S459]]
required under section 102 of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332).
``(II) Requirement.--The Secretary shall require that a
contract include appropriate provisions to ensure achievement
of the objectives of section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332) and
compliance with other applicable Federal laws and regulations
occurs.
``(iii) Secretarial approval.--Prior to authorizing
construction activities, the Secretary shall approve--
``(I) the estimate of the contracting agency for the entire
project; and
``(II) any price agreement with the general contractor for
the project or a portion of the project.
``(iv) Termination provision.--The Secretary shall require
a contract to include an appropriate termination provision in
the event that a no-build alternative is selected.''.
(b) Regulations.--The Secretary shall promulgate such
regulations as are necessary to carry out the amendment made
by subsection (a).
(c) Effect on Experimental Program.--Nothing in this
section or the amendment made by this section affects the
authority to carry out, or any project carried out under, any
experimental program concerning construction manager risk
that is being carried out by the Secretary as of the date of
enactment of this Act.
SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS.
(a) Declaration of Policy.--
(1) In general.--Congress declares that it is in the
national interest to promote the use of innovative
technologies and practices that increase the efficiency of
construction of, improve the safety of, and extend the
service life of highways and bridges.
(2) Inclusions.--The innovative technologies and practices
described in paragraph (1) include state-of-the-art
intelligent transportation system technologies, elevated
performance standards, and new highway construction business
practices that improve highway safety and quality, accelerate
project delivery, and reduce congestion related to highway
construction.
(b) Federal Share.--Section 120(c) of title 23, United
States Code, is amended by adding at the end the following:
``(3) Innovative project delivery.--
``(A) In general.--Except as provided in subparagraph (C),
the Federal share payable on account of a project or activity
carried out with funds apportioned under paragraph (1), (2),
or (5) of section 104(b) may, at the discretion of the State,
be up to 100 percent for any such project, program, or
activity that the Secretary determines--
``(i) contains innovative project delivery methods that
improve work zone safety for motorists or workers and the
quality of the facility;
``(ii) contains innovative technologies, manufacturing
processes, financing, or contracting methods that improve the
quality, extend the service life, or decrease the long-term
costs of maintaining highways and bridges;
``(iii) accelerates project delivery while complying with
other applicable Federal laws (including regulations) and not
causing any significant adverse environmental impact; or
``(iv) reduces congestion related to highway construction.
``(B) Examples.--Projects, programs, and activities
described in subparagraph (A) may include the use of--
``(i) prefabricated bridge elements and systems and other
technologies to reduce bridge construction time;
``(ii) innovative construction equipment, materials, or
techniques, including the use of in-place recycling
technology and digital 3-dimensional modeling technologies;
``(iii) innovative contracting methods, including the
design-build and the construction manager-general contractor
contracting methods;
``(iv) intelligent compaction equipment; or
``(v) contractual provisions that offer a contractor an
incentive payment for early completion of the project,
program, or activity, subject to the condition that the
incentives are accounted for in the financial plan of the
project, when applicable.
``(C) Limitations.--
``(i) In general.--In each fiscal year, a State may use the
authority under subparagraph (A) for up to 10 percent of the
combined apportionments of the State under paragraphs (1),
(2), and (5) of section 104(b).
``(ii) Federal share increase.--The Federal share payable
on account of a project or activity described in subparagraph
(A) may be increased by up to 5 percent of the total project
cost.''.
SEC. 1305. ASSISTANCE TO AFFECTED STATE AND FEDERAL AGENCIES.
Section 139(j) of title 23, United States Code, is amended
by adding at the end the following:
``(6) Memorandum of understanding.--Prior to providing
funds approved by the Secretary for dedicated staffing at an
affected Federal agency under paragraphs (1) and (2), the
affected Federal agency and the State agency shall enter into
a memorandum of understanding that establishes the projects
and priorities to be addressed by the use of the funds.''.
SEC. 1306. APPLICATION OF CATEGORICAL EXCLUSIONS FOR
MULTIMODAL PROJECTS.
(a) In General.--Section 304 of title 49, United States
Code, is amended to read as follows:
``Sec. 304. Application of categorical exclusions for
multimodal projects
``(a) Definitions.--In this section:
``(1) Cooperating authority.--The term `cooperating
authority' means a Department of Transportation operating
authority that is not the lead authority.
``(2) Lead authority.--The term `lead authority' means a
Department of Transportation operating administration or
secretarial office that--
``(A) is the lead authority over a proposed multimodal
project; and
``(B) has determined that the components of the project
that fall under the modal expertise of the lead authority--
``(i) satisfy the conditions for a categorical exclusion
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) implementing regulations or procedures
of the lead authority; and
``(ii) do not require the preparation of an environmental
assessment or an environmental impact statement under that
Act.
``(3) Multimodal project.--The term `multimodal project'
has the meaning given the term in section 139(a) of title 23.
``(b) Exercise of Authorities.--The authorities granted in
this section may be exercised for a multimodal project, class
of projects, or program of projects that are carried out
under this title.
``(c) Application of Categorical Exclusions for Multimodal
Projects.--When considering the environmental impacts of a
proposed multimodal project, a lead authority may apply a
categorical exclusion designated under the implementing
regulations or procedures of a cooperating authority for
other components of the project, on the conditions that--
``(1) the multimodal project is funded under 1 grant
agreement administered by the lead authority;
``(2) the multimodal project has components that require
the expertise of a cooperating authority to assess the
environmental impacts of the components;
``(3) the component of the project to be covered by the
categorical exclusion of the cooperating authority has
independent utility;
``(4) the cooperating authority, in consultation with the
lead authority, follows National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) implementing regulations or
procedures and determines that a categorical exclusion under
that Act applies to the components; and
``(5) the lead authority has determined that--
``(A) the project, using the categorical exclusions of the
lead and cooperating authorities, does not individually or
cumulatively have a significant impact on the environment;
and
``(B) extraordinary circumstances do not exist that merit
further analysis and documentation in an environmental impact
statement or environmental assessment required under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
``(d) Modal Cooperation.--
``(1) In general.--A cooperating authority shall provide
modal expertise to a lead authority with administrative
authority over a multimodal project on such aspects of the
project in which the cooperating authority has expertise.
``(2) Use of categorical exclusion.--In a case described in
paragraph (1), the 1 or more categorical exclusions of a
cooperating authority may be applied by the lead authority
once the cooperating authority reviews the project on behalf
of the lead authority and determines the project satisfies
the conditions for a categorical exclusion under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
implementing regulations or procedures of the cooperating
authority and this section.''.
(b) Conforming Amendment.--The item relating to section 304
in the analysis for title 49, United States Code, is amended
to read as follows:
``304. Application of categorical exclusions for multimodal
projects.''.
SEC. 1307. STATE ASSUMPTION OF RESPONSIBILITIES FOR
CATEGORICAL EXCLUSIONS.
Section 326 of title 23, United States Code, is amended--
[(1) in subsection (c) by striking paragraph (3) and
inserting the following:
``(3) Sovereign immunity.--By executing an agreement with
the Secretary and assuming the responsibilities of the
Secretary under this section, the State waives the sovereign
immunity of the State under the 11th Amendment of the
Constitution from suit in Federal court and expressly
consents to accept the jurisdiction of the Federal courts
with respect to any action relating to the compliance,
discharge, and enforcement of any responsibility of the
Secretary that the State assumes.'';]
[(2)](1) by striking subsection (d) and inserting the
following:
``(d) Termination.--
``(1) Termination by the secretary.--The Secretary may
terminate any assumption of responsibility under a memorandum
of understanding on a determination that the State is not
adequately carrying out the responsibilities assigned to the
State.
``(2) Termination by the state.--The State may terminate
the participation of the State in the program at any time by
providing to the Secretary a notice by not later
[[Page S460]]
than the date that is 90 days before the date of termination,
and subject to such terms and conditions as the Secretary may
provide.''; and
[(3)](2) by adding at the end the following:
``(f) Legal Fees.--A State assuming the responsibilities of
the Secretary under this section for a specific project may
use funds apportioned to the State under section 104(b)(2)
for attorneys fees directly attributable to eligible
activities associated with the project.''.
SEC. 1308. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.
(a) In General.--Section 327 of title 23, United States
Code, is amended--
(1) in the section heading by striking ``pilot'';
(2) in subsection (a)--
(A) in paragraph (1) by striking ``pilot''; and
(B) in paragraph (2)--
(i) in subparagraph (B) by striking clause (ii) and
inserting the following:
``(ii) the Secretary may not assign--
``(I) any responsibility imposed on the Secretary by
section 134 or 135; or
``(II) responsibility for any conformity determination
required under section 176 of the Clean Air Act (42 U.S.C.
7506).''; and
(ii) by adding at the end the following:
[``(F) Sovereign immunity.--By executing an agreement with
the Secretary and assuming the responsibilities of the
Secretary under this section, the State waives the sovereign
immunity of the State under the 11th Amendment of the
Constitution from suit in Federal court and expressly
consents to accept the jurisdiction of the Federal courts
with respect to any action relating to the compliance,
discharge, and enforcement of any responsibility of the
Secretary that the State assumes.]
``[(G)](F) Legal fees.--A State assuming the
responsibilities of the Secretary under this section for a
specific project may use funds apportioned to the State under
section 104(b)(2) for attorneys fees directly attributable to
eligible activities associated with the project.'';
(3) in subsection (b)--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively; and
(C) in subparagraph (A) of paragraph (3) (as so
redesignated) by striking ``(2)'' and inserting ``(1)'';
(4) in subsection (c)--
(A) in paragraph (3)(D) by striking the period at the end
and inserting a semicolon; and
(B) by adding at the end the following:
``(4) require the State to provide to the Secretary any
information the Secretary considers necessary to ensure that
the State is adequately carrying out the responsibilities
assigned to the State;
``(5) require the Secretary--
``(A) after a period of 5 years, to evaluate the ability of
the State to carry out the responsibility assumed under this
section;
``(B) if the Secretary determines that the State is not
ready to effectively carry out the responsibilities the State
has assumed, to reevaluate the readiness of the State every 3
years, or at such other frequency as the Secretary considers
appropriate, after the initial 5-year evaluation, until the
State is ready to assume the responsibilities on a permanent
basis; and
``(C) once the Secretary determines that the State is ready
to permanently assume the responsibilities of the Secretary,
not to require any further evaluations; and
``(6) require the State to provide the Secretary with any
information, including regular written reports, as the
Secretary may require in conducting evaluations under
paragraph (5).'';
(5) by striking subsection (g);
(6) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively; and
(7) in subsection (h) (as so redesignated)--
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph (1); and
(C) by inserting after paragraph (1) (as so redesignated)
the following:
``(2) Termination by the state.--The State may terminate
the participation of the State in the program at any time by
providing to the Secretary a notice by not later than the
date that is 90 days before the date of termination, and
subject to such terms and conditions as the Secretary may
provide.''.
(b) Conforming Amendment.--The item relating to section 327
in the analysis of title 23, United States Code, is amended
to read as follows:
``327. Surface transportation project delivery program.''.
SEC. 1309. CATEGORICAL EXCLUSION FOR PROJECTS WITHIN THE
RIGHT-OF-WAY.
(a) In General.--Not later than 30 days after the date of
enactment of this Act, the Secretary shall publish a notice
of proposed rulemaking for a categorical exclusion that meets
the definitions (as in effect on that date) of section 1508.4
of title 40, Code of Federal Regulations, and section 771.117
of title 23, Code of Federal Regulations, for a project (as
defined in section 101(a) of title 23, United States Code)--
(1) that is located solely within the right-of-way of an
existing highway, such as new turn lanes and bus pull-offs;
(2) that does not include the addition of a through lane or
new interchange; and
(3) for which the project sponsor demonstrates that the
project--
(A) is intended to improve safety, alleviate congestion, or
improve air quality; or
(B) would improve or maintain pavement or structural
conditions or achieve a state of good repair.
(b) Notice.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall publish a notice
of proposed rulemaking to further define and implement
subsection (a) within subsection (c) or (d) of section
771.117 of title 23, Code of Federal Regulations (as in
effect on the date of enactment of the MAP-21).
SEC. 1310. PROGRAMMATIC AGREEMENTS AND ADDITIONAL CATEGORICAL
EXCLUSIONS.
(a) In General.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall--
(1) survey the use by the Department of Transportation of
categorical exclusions in transportation projects since 2005;
(2) publish a review of the survey that includes a
description of--
(A) the types of actions categorically excluded; and
(B) any requests previously received by the Secretary for
new categorical exclusions; and
(3) solicit requests from State departments of
transportation, transit authorities, metropolitan planning
organizations, or other government agencies for new
categorical exclusions.
(b) New Categorical Exclusions.--Not later than 120 days
after the date of enactment of this Act, the Secretary shall
publish a notice of proposed rulemaking to propose new
categorical exclusions received by the Secretary under
subsection (a), to the extent that the categorical exclusions
meet the criteria for a categorical exclusion under section
1508.4 of title 40, Code of Federal Regulations and section
771.117(a) of title 23, Code of Federal Regulations (as those
regulations are in effect on the date of the notice).
(c) Additional Actions.--The Secretary shall issue a
proposed rulemaking to move the following types of actions
from subsection (d) of section 771.117 of title 23, Code of
Federal Regulations (as in effect on the date of enactment of
this Act), to subsection (c) of that section, to the extent
that such movement complies with the criteria for a
categorical exclusion under section 1508.4 of title 40, Code
of Federal Regulations (as in effect on the date of enactment
of this Act):
(1) Modernization of a highway by resurfacing, restoration,
rehabilitation, reconstruction, adding shoulders, or adding
auxiliary lanes (including parking, weaving, turning, and
climbing).
(2) Highway safety or traffic operations improvement
projects, including the installation of ramp metering control
devices and lighting.
(3) Bridge rehabilitation, reconstruction, or replacement
or the construction of grade separation to replace existing
at-grade railroad crossings.
(d) Programmatic Agreements.--
(1) In general.--The Secretary shall seek opportunities to
enter into programmatic agreements with the States that
establish efficient administrative procedures for carrying
out environmental and other required project reviews.
(2) Inclusions.--Programmatic agreements authorized under
paragraph (1) may include agreements that allow a State to
determine on behalf of the Federal Highway Administration
whether a project is categorically excluded from the
preparation of an environmental assessment or environmental
impact statement under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
(3) Determinations.--An agreement described in paragraph
(2) may include determinations by the Secretary of the types
of projects categorically excluded (consistent with section
1508.4 of title 40, Code of Federal Regulations) in the State
in addition to the types listed in subsections (c) and (d) of
section 771.117 of title 23, Code of Federal Regulations (as
in effect on the date of enactment of this Act).
SEC. 1311. ACCELERATED DECISIONMAKING IN ENVIRONMENTAL
REVIEWS.
(a) In General.--When preparing a final environmental
impact statement under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), if the lead agency makes
changes in response to comments that are minor and are
confined to factual corrections or explanations of why the
comments do not warrant further agency response, the lead
agency may write on errata sheets attached to the statement
instead of rewriting the draft statement, on the condition
that the errata sheets--
(1) cite the sources, authorities, or reasons that support
the position of the agency; and
(2) if appropriate, indicate the circumstances that would
trigger agency reappraisal or further response.
(b) Incorporation.--To the maximum extent practicable, the
lead agency shall expeditiously develop a single document
that consists of a final environmental impact statement and a
record of decision unless--
(1) the final environmental impact statement makes
substantial changes to the proposed action that are relevant
to environmental or safety concerns; or
(2) there are significant new circumstances or information
relevant to environmental concerns and that bear on the
proposed action or the impacts of the proposed action.
[[Page S461]]
SEC. 1312. MEMORANDA OF AGENCY AGREEMENTS FOR EARLY
COORDINATION.
(a) In General.--It is the sense of Congress that--
(1) the Secretary and other Federal agencies with relevant
jurisdiction in the environmental review process should
cooperate with each other and other agencies on environmental
review and project delivery activities at the earliest
practicable time to avoid delays and duplication of effort
later in the process, head off potential conflicts, and
ensure that planning and project development decisions
reflect environmental values; and
(2) such cooperation should include the development of
policies and the designation of staff that advise planning
agencies or project sponsors of studies or other information
foreseeably required for later Federal action and early
consultation with appropriate State and local agencies and
Indian tribes.
(b) Technical Assistance.--If requested at any time by a
State or local planning agency, the Secretary and other
Federal agencies with relevant jurisdiction in the
environmental review process, shall, to the extent
practicable and appropriate, as determined by the agencies,
provide technical assistance to the State or local planning
agency on accomplishing the early coordination activities
described in subsection (d).
(c) Memorandum of Agency Agreement.--If requested at any
time by a State or local planning agency, the lead agency, in
consultation with other Federal agencies with relevant
jurisdiction in the environmental review process, may
establish memoranda of agreement with the project sponsor,
State, and local governments and other appropriate entities
to accomplish the early coordination activities described in
subsection (d).
(d) Early Coordination Activities.--Early coordination
activities shall include, to the maximum extent practicable,
the following:
(1) Technical assistance on identifying potential impacts
and mitigation issues in an integrated fashion.
(2) The potential appropriateness of using planning
products and decisions in later environmental reviews.
(3) The identification and elimination from detailed study
in the environmental review process of the issues that are
not significant or that have been covered by prior
environmental reviews.
(4) The identification of other environmental review and
consultation requirements so that the lead and cooperating
agencies may prepare, as appropriate, other required analyses
and studies concurrently with planning activities.
(5) The identification by agencies with jurisdiction over
any permits related to the project of any and all relevant
information that will reasonably be required for the project.
(6) The reduction of duplication between requirements under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) and State and local planning and environmental
review requirements, unless the agencies are specifically
barred from doing so by applicable law.
(7) Timelines for the completion of agency actions during
the planning and environmental review processes.
(8) Other appropriate factors.
SEC. 1313. ACCELERATED DECISIONMAKING.
Section 139(h) of title 23, United States Code, is amended
by striking paragraph (4) and inserting the following:
``(4) Interim decision on achieving accelerated
decisionmaking.--
``(A) In general.--Not later than 30 days after the close
of the public comment period on a draft environmental impact
statement, the Secretary may convene a meeting with the
project sponsor, lead agency, resource agencies, and any
relevant State agencies to ensure that all parties are on
schedule to meet deadlines for decisions to be made regarding
the project.
``(B) Deadlines.--The deadlines referred to in subparagraph
(A) shall be those established under subsection (g), or any
other deadlines established by the lead agency, in
consultation with the project sponsor and other relevant
agencies.
``(C) Failure to assure.--If the relevant agencies cannot
provide reasonable assurances that the deadlines described in
subparagraph (B) will be met, the Secretary may initiate the
issue resolution and referral process described under
paragraph (5) and before the completion of the record of
decision.
``(5) Accelerated issue resolution and referral.--
``(A) Agency issue resolution meeting.--
``(i) In general.--A Federal agency of jurisdiction,
project sponsor, or the Governor of a State in which a
project is located may request an issue resolution meeting to
be conducted by the lead agency.
``(ii) Action by lead agency.--The lead agency shall
convene an issue resolution meeting under clause (i) with the
relevant participating agencies and the project sponsor,
including the Governor only if the meeting was requested by
the Governor, to resolve issues that could--
``(I) delay completion of the environmental review process;
or
``(II) result in denial of any approvals required for the
project under applicable laws.
``(iii) Date.--A meeting requested under this subparagraph
shall be held by not later than 21 days after the date of
receipt of the request for the meeting, unless the lead
agency determines that there is good cause to extend the time
for the meeting.
``(iv) Notification.--On receipt of a request for a meeting
under this subparagraph, the lead agency shall notify all
relevant participating agencies of the request, including the
issue to be resolved, and the date for the meeting.
``(v) Disputes.--If a relevant participating agency with
jurisdiction over an approval required for a project under
applicable law determines that the relevant information
necessary to resolve the issue has not been obtained and
could not have been obtained within a reasonable time, but
the lead agency disagrees, the resolution of the dispute
shall be forwarded to the heads of the relevant agencies for
resolution.
``(vi) Convention by lead agency.--A lead agency may
convene an issue resolution meeting under this subsection at
any time without the request of the Federal agency of
jurisdiction, project sponsor, or the Governor of a State.
``(B) Elevation of issue resolution.--
``(i) In general.--If issue resolution is not achieved by
not later than 30 days after the date of a relevant meeting
under subparagraph (A), the Secretary shall notify the lead
agency, the heads of the relevant participating agencies, and
the project sponsor (including the Governor only if the
initial issue resolution meeting request came from the
Governor) that an issue resolution meeting will be convened.
``(ii) Requirements.--The Secretary shall identify the
issues to be addressed at the meeting and convene the meeting
not later than 30 days after the date of issuance of the
notice.
``(C) Referral of issue resolution.--
``(i) Referral to council on environmental quality.--
``(I) In general.--If resolution is not achieved by not
later than 30 days after the date of an issue resolution
meeting under subparagraph (B), the Secretary shall refer the
matter to the Council on Environmental Quality.
``(II) Meeting.--Not later than 30 days after the date of
receipt of a referral from the Secretary under subclause (I),
the Council on Environmental Quality shall hold an issue
resolution meeting with the lead agency, the heads of
relevant participating agencies, and the project sponsor
(including the Governor only if an initial request for an
issue resolution meeting came from the Governor).
``(ii) Referral to the president.--If a resolution is not
achieved by not later than 30 days after the date of the
meeting convened by the Council on Environmental Quality
under clause (i)(II), the Secretary shall refer the matter
directly to the President.
``(6) Financial transfer provisions.--
``(A) In general.--A Federal agency of jurisdiction over an
approval required for a project under applicable laws shall
complete any required approval on an expeditious basis using
the shortest existing applicable process.
``(B) Failure to decide.--
``(i) In general.--If an agency described in subparagraph
(A) fails to render a decision under any Federal law relating
to a project that requires the preparation of an
environmental impact statement or environmental assessment,
including the issuance or denial of a permit, license, or
other approval by the date described in clause (ii), the
agency shall transfer from the applicable office of the head
of the agency, or equivalent office to which the authority
for rendering the decision has been delegated by law, to the
agency or division charged with rendering a decision
regarding the application, by not later than 1 day after the
applicable date under clause (ii), and once each week
thereafter until a final decision is rendered, subject to
subparagraph (C)--
``(I) $20,000 for any project for which an annual financial
plan under section 106(i) is required; or
``(II) $10,000 for any other project requiring preparation
of an environmental assessment or environmental impact
statement.
``(ii) Description of date.--The date referred to in clause
(i) is the later of--
``(I) the date that is 180 days after the date on which an
application for the permit, license, or approval is complete;
and
``(II) the date that is 180 days after the date on which
the Federal lead agency issues a decision on the project
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(C) Limitations.--
``(i) In general.--No transfer of funds under subparagraph
(B) relating to an individual project shall exceed, in any
fiscal year, an amount equal to 1 percent of the funds made
available for the applicable agency office.
``(ii) Failure to decide.--The total amount transferred in
a fiscal year as a result of a failure by an agency to make a
decision by an applicable deadline shall not exceed an amount
equal to 5 percent of the funds made available for the
applicable agency office for that fiscal year.
``(D) Treatment.--The transferred funds shall only be
available to the agency or division charged with rendering
the decision as additional resources, pursuant to
subparagraph (F).
``(E) No fault of agency.--A transfer of funds under this
paragraph shall not be made if the agency responsible for
rendering the decision certifies that--
``(i) the agency has not received necessary information or
approvals from another entity, such as the project sponsor,
in a manner that affects the ability of the agency to meet
[[Page S462]]
any requirements under State, local, or Federal law; or
``(ii) significant new information or circumstances,
including a major modification to an aspect of the project,
requires additional analysis for the agency to make a
decision on the project application.
``(F) Treatment of funds.--
``(i) In general.--Funds transferred under this paragraph
shall supplement resources available to the agency or
division charged with making a decision for the purpose of
expediting permit reviews.
``(ii) Availability.--Funds transferred under this
paragraph shall be available for use or obligation for the
same period that the funds were originally authorized or
appropriated, plus 1 additional fiscal year.
``(iii) Limitation.--The Federal agency with jurisdiction
for the decision that has transferred the funds pursuant to
this paragraph shall not reprogram funds to the office of the
head of the agency, or equivalent office, to reimburse that
office for the loss of the funds.
``(G) Audits.--In any fiscal year in which any Federal
agency transfers funds pursuant to this paragraph, the
Inspector General of that agency shall--
``(i) conduct an audit to assess compliance with the
requirements of this paragraph; and
``(ii) not later than 120 days after the end of the fiscal
year during which the transfer occurred, submit to the
Committee on Environment and Public Works of the Senate and
any other appropriate congressional committees a report
describing the reasons why the transfers were levied,
including allocations of resources.
``(H) Effect of paragraph.--Nothing in this paragraph
affects or limits the application of, or obligation to comply
with, any Federal, State, local, or tribal law.
``(I) Authority for intra-agency transfer of funds.--The
requirement provided under this paragraph for a Federal
agency to transfer or reallocate funds of the Federal agency
in accordance with subparagraph (B)(i)--
``(i) shall be treated by the Federal agency as a
requirement and authority consistent with any applicable
original law establishing and authorizing the agency; but
``(ii) does not provide to the Federal agency the authority
to require or determine the intra-agency transfer or
reallocation of funds that are provided to or are within any
other Federal agency.
``(7) Expedient decisions and reviews.--To ensure that
Federal environmental decisions and reviews are expeditiously
made--
``(A) adequate resources made available under this title
shall be devoted to ensuring that applicable environmental
reviews under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) are completed on an expeditious
basis and that the shortest existing applicable process under
that Act is implemented; and
``(B) the President shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, not less frequently than once every 120
days after the date of enactment of the MAP-21, a report on
the status and progress of the following projects and
activities funded under this title with respect to compliance
with applicable requirements under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.):
``(i) Projects and activities required to prepare an annual
financial plan under section 106(i).
``(ii) A sample of not less than 5 percent of the projects
requiring preparation of an environmental impact statement or
environmental assessment in each State.''.
SEC. 1314. ENVIRONMENTAL PROCEDURES INITIATIVE.
(a) Establishment.--For grant programs under which funds
are distributed by formula by the Department of
Transportation, the Secretary shall establish an initiative
to review and develop consistent procedures for environmental
permitting and procurement requirements.
(b) Report.--The Secretary shall publish the results of the
initiative described in subsection (a) in an electronically
accessible format.
SEC. 1315. ALTERNATIVE RELOCATION PAYMENT DEMONSTRATION
PROGRAM.
(a) Payment Demonstration Program.--
(1) In general.--Except as otherwise provided in this
section, for the purpose of identifying improvements in the
timeliness of providing relocation assistance to persons
displaced by Federal or federally assisted programs and
projects, the Secretary may allow not more than 5 States to
participate in an alternative relocation payment
demonstration program under which payments to displaced
persons eligible for relocation assistance pursuant to the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.) (including
implementing regulations), are calculated based on reasonable
estimates and paid in advance of the physical displacement of
the displaced person.
(2) Timing of payments.--Relocation assistance payments for
projects carried out under an approved State demonstration
program may be provided to the displaced person at the same
time as payments of just compensation for real property
acquired for the program or project of the State.
(3) Combining of payments.--Payments for relocation and
just compensation may be combined into a single unallocated
amount.
(b) Criteria.--
(1) In general.--After public notice and an opportunity to
comment, the Secretary shall adopt criteria for carrying out
the alternative relocation payment demonstration program.
(2) Conditions.--
(A) In general.--Conditions for State participation in the
demonstration program shall include the conditions described
in subparagraphs (B) through (E).
(B) Memorandum of agreement.--A State wishing to
participate in the demonstration program shall be required to
enter into a memorandum of agreement with the Secretary that
includes provisions relating to--
(i) the selection of projects or programs within the State
to which the alternative relocation payment process will be
applied;
(ii) program and project-level monitoring;
(iii) performance measurement;
(iv) reporting; and
(v) the circumstances under which the Secretary may
terminate the demonstration program of the State before the
end of the program term.
(C) Term of demonstration program.--Except as provided in
subparagraph (B)(v), the demonstration program of the State
may continue for up to 3 years after the date on which the
Secretary executes the memorandum of agreement.
(D) Displaced persons.--
(i) In general.--Displaced persons affected by a project
included in the demonstration program of the State shall be
informed in writing in a format that is clear and easily
understandable that the relocation payments that the
displaced persons receive under the demonstration program may
be higher or lower than the amount that the displaced persons
would receive under the standard relocation assistance
process.
(ii) Alternative process.--Displaced persons shall be
informed--
(I) of the right of the displaced persons not to
participate in the demonstration program; and
(II) that the alternative relocation payment process can be
used only if the displaced person agrees in writing.
(iii) Assistance.--The displacing agency shall provide any
displaced person who elects not to participate in the
demonstration program with relocation assistance in
accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et
seq.) (including implementing regulations).
(E) Other displacements.--
(i) In general.--If other Federal agencies plan
displacements in or adjacent to a demonstration program
project area within the same time period as the project
acquisition and relocation actions of the demonstration
program, the Secretary shall adopt measures to protect
against inconsistent treatment of displaced persons.
(ii) Inclusion.--Measures described in clause (i) may
include a determination that the demonstration program
authority may not be used on a particular project.
(c) Report.--
(1) In general.--The Secretary shall submit to Congress--
(A) at least every 18 months after the date of enactment of
this Act, a report on the progress and results of the
demonstration program; and
(B) not later than 1 year after all State demonstration
programs have ended, a final report.
(2) Requirements.--The final report shall include an
evaluation by the Secretary of the merits of the alternative
relocation payment demonstration program, including the
effects of the demonstration program on--
(A) displaced persons and the protections afforded to
displaced persons by the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.);
(B) the efficiency of the delivery of Federal-aid highway
projects and overall effects on the Federal-aid highway
program; and
(C) the achievement of the purposes of the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.).
(d) Limitation.--The authority of this section may be used
only on projects funded under title 23, United States Code,
in cases in which the funds are administered by the Federal
Highway Administration.
(e) Authority.--The authority of the Secretary to approve
an alternate relocation payment demonstration program for a
State terminates on the date that is 3 years after the date
of enactment of this Act
SEC. 1316. REVIEW OF FEDERAL PROJECT AND PROGRAM DELIVERY.
(a) Completion Time Assessments and Reports.--
(1) In general.--For projects funded under title 23, United
States Code, the Secretary shall compare--
(A)(i) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated after calendar year 2005; to
(ii) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated during a period prior to calendar year
2005; and
(B)(i) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated during the period beginning on January
1, 2005, and ending on the date of enactment of this Act; to
[[Page S463]]
(ii) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated after the date of enactment of this Act.
(2) Report.--The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report--
(A) not later than 1 year after the date of enactment of
this Act that--
(i) describes the results of the review conducted under
paragraph (1)(A); and
(ii) identifies any change in the timing for completions,
including the reasons for any such change and the reasons for
delays in excess of 5 years; and
(B) not later than 5 years after the date of enactment of
this Act that--
(i) describes the results of the review conducted under
paragraph (1)(B); and
(ii) identifies any change in the timing for completions,
including the reasons for any such change and the reasons for
delays in excess of 5 years.
(b) Additional Report.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and
Public Works of the Senate a report on the types and
justification for the additional categorical exclusions
granted under the authority provided under sections 1309 and
1310.
(c) GAO Report.--The Comptroller General of the United
States shall--
(1) assess the reforms carried out under sections 1301
through 1315 (including the amendments made by those
sections); and
(2) not later than 5 years after the date of enactment of
this Act, submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report that describes the results of the assessment.
(d) Inspector General Report.--The Inspector General of the
Department of Transportation shall--
(1) assess the reforms carried out under sections 1301
through 1315 (including the amendments made by those
sections); and
(2) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate--
(A) not later than 2 years after the date of enactment of
this Act, an initial report of the findings of the Inspector
General; and
(B) not later than 4 years after the date of enactment of
this Act, a final report of the findings.
Subtitle D--Highway Safety
SEC. 1401. JASON'S LAW.
(a) In General.--It is the sense of Congress that it is a
national priority to address projects under this section for
the shortage of long-term parking for commercial motor
vehicles on the National Highway System to improve the safety
of motorized and nonmotorized users and for commercial motor
vehicle operators.
(b) Eligible Projects.--Eligible projects under this
section are those that--
(1) serve the National Highway System; and
(2) may include the following:
(A) Constructing safety rest areas (as defined in section
120(c) of title 23, United States Code) that include parking
for commercial motor vehicles.
(B) Constructing commercial motor vehicle parking
facilities adjacent to commercial truck stops and travel
plazas.
(C) Opening existing facilities to commercial motor vehicle
parking, including inspection and weigh stations and park-
and-ride facilities.
(D) Promoting the availability of publicly or privately
provided commercial motor vehicle parking on the National
Highway System using intelligent transportation systems and
other means.
(E) Constructing turnouts along the National Highway System
for commercial motor vehicles.
(F) Making capital improvements to public commercial motor
vehicle parking facilities currently closed on a seasonal
basis to allow the facilities to remain open year-round.
(G) Improving the geometric design of interchanges on the
National Highway System to improve access to commercial motor
vehicle parking facilities.
(c) Survey and Comparative Assessment.--
(1) In general.--The Secretary, in consultation with
relevant State motor carrier safety personnel, shall conduct
a survey regarding the availability of parking facilities
within each State--
(A) to evaluate the capability of the State to provide
adequate parking and rest facilities for motor carriers
engaged in interstate motor carrier service;
(B) to assess the volume of motor carrier traffic through
the State; and
(C) to develop a system of metrics to measure the adequacy
of parking facilities in the State.
(2) Results.--The results of the survey under paragraph (1)
shall be made available to the public on the website of the
Department of Transportation.
(3) Periodic updates.--The Secretary shall periodically
update the survey under this subsection.
(d) Treatment of Projects.--Notwithstanding any other
provision of law, projects funded through the authority
provided under this section shall be treated as projects on a
Federal-aid system under chapter 1 of title 23, United States
Code.
SEC. 1402. OPEN CONTAINER REQUIREMENTS.
Section 154(c) of title 23, United States Code, is
amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Fiscal year 2012 and thereafter.--
``(A) Reservation of funds.--On October 1, 2011, and each
October 1 thereafter, if a State has not enacted or is not
enforcing an open container law described in subsection (b),
the Secretary shall reserve an amount equal to 2.5 percent of
the funds to be apportioned to the State on that date under
each of paragraphs (1) and (2) of section 104(b) until the
State certifies to the Secretary the means by which the State
will use those reserved funds in accordance with
subparagraphs (A) and (B) of paragraph (1) and paragraph (3).
``(B) Transfer of funds.--As soon as practicable after the
date of receipt of a certification from a State under
subparagraph (A), the Secretary shall--
``(i) transfer the reserved funds identified by the State
for use as described in subparagraphs (A) and (B) of
paragraph (1) to the apportionment of the State under section
402; and
``(ii) release the reserved funds identified by the State
as described in paragraph (3).'';
(2) by striking paragraph (3) and inserting the following:
``(3) Use for highway safety improvement program.--
``(A) In general.--A State may elect to use all or a
portion of the funds transferred under paragraph (2) for
activities eligible under section 148.
``(B) State departments of transportation.--If the State
makes an election under subparagraph (A), the funds shall be
transferred to the department of transportation of the State,
which shall be responsible for the administration of the
funds.''; and
(3) by striking paragraph (5) and inserting the following:
``(5) Derivation of amount to be transferred.--The amount
to be transferred under paragraph (2) may be derived from the
following:
``(A) The apportionment of the State under section
104(b)(l).
``(B) The apportionment of the State under section
104(b)(2).''.
SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING
WHILE INTOXICATED OR DRIVING UNDER THE
INFLUENCE.
(a) Definitions.--Section 164(a) of title 23, United States
Code, is amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(3) in paragraph (4) (as so redesignated) by striking
subparagraph (A) and inserting the following:
``(A) receive--
``(i) a suspension of all driving privileges for not less
than 1 year; or
``(ii) a suspension of unlimited driving privileges for 1
year, allowing for the reinstatement of limited driving
privileges subject to restrictions and limited exemptions as
established by State law, if an ignition interlock device is
installed for not less than 1 year on each of the motor
vehicles owned or operated, or both, by the individual;''.
(b) Transfer of Funds.--Section 164(b) of title 23, United
States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Fiscal year 2012 and thereafter.--
``(A) Reservation of funds.--On October 1, 2011, and each
October 1 thereafter, if a State has not enacted or is not
enforcing a repeat intoxicated driver law, the Secretary
shall reserve an amount equal to 6 percent of the funds to be
apportioned to the State on that date under each of
paragraphs (1) and (2) of section 104(b) until the State
certifies to the Secretary the means by which the States will
use those reserved funds among the uses authorized under
subparagraphs (A) and (B) of paragraph (1), and paragraph
(3).
``(B) Transfer of funds.--As soon as practicable after the
date of receipt of a certification from a State under
subparagraph (A), the Secretary shall--
``(i) transfer the reserved funds identified by the State
for use as described in subparagraphs (A) and (B) of
paragraph (1) to the apportionment of the State under section
402; and
``(ii) release the reserved funds identified by the State
as described in paragraph (3).'';
(2) by striking paragraph (3) and inserting the following:
``(3) Use for highway safety improvement program.--
``(A) In general.--A State may elect to use all or a
portion of the funds transferred under paragraph (2) for
activities eligible under section 148.
``(B) State departments of transportation.--If the State
makes an election under subparagraph (A), the funds shall be
transferred to the department of transportation of the State,
which shall be responsible for the administration of the
funds.''; and
(3) by striking paragraph (5) and inserting the following:
``(5) Derivation of amount to be transferred.--The amount
to be transferred under paragraph (2) may be derived from the
following:
[[Page S464]]
``(A) The apportionment of the State under section
104(b)(1).
``(B) The apportionment of the State under section
104(b)(2).''.
SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS.
(a) Vehicle Weight Limitations.--Section 127(a)(1) of title
23, United States Code, is amended by striking ``No funds
shall be apportioned in any fiscal year under section
104(b)(1) of this title to any State which'' and inserting
``The Secretary shall withhold 50 percent of the
apportionment of a State under section 104(b)(1) in any
fiscal year in which the State''.
(b) Control of Junkyards.--Section 136 of title 23, United
States Code, is amended--
(1) in subsection (b), in the first sentence--
(A) by striking ``10 per centum'' and inserting ``7
percent''; and
(B) by striking ``section 104 of this title'' and inserting
``paragraphs (1) through (5) of section 104(b)''; and
(2) by adding at the end the following:
``(n) For purposes of this section, the terms `primary
system' and `Federal-aid primary system' mean any highway
that is on the National Highway System, which includes the
Interstate Highway System.''.
(c) Enforcement of Vehicle Size and Weight Laws.--Section
141(b)(2) of title 23, United States Code, is amended--
(1) by striking ``10 per centum'' and inserting ``7
percent''; and
(2) by striking ``section 104 of this title'' and inserting
``paragraphs (1) through (5) of section 104(b)''.
(d) Proof of Payment of the Heavy Vehicle Use Tax.--Section
141(c) of title 23, United States Code, is amended--
(1) by striking ``section 104(b)(4)'' each place it appears
and inserting ``section 104(b)(1)''; and
(2) in the first sentence by striking ``25 per centum'' and
inserting `` 8 percent''.
(e) Use of Safety Belts.--Section 153(h) of title 23,
United States Code, is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so redesignated)--
(A) by striking the paragraph heading and inserting ``Prior
to fiscal year 2012''; and
(B) by inserting ``and before October 1, 2011,'' after
``September 30, 1994,''; and
(4) by inserting after paragraph (1) (as so redesignated)
the following:
``(2) Fiscal year 2012 and thereafter.--If, at any time in
a fiscal year beginning after September 30, 2011, a State
does not have in effect a law described in subsection (a)(2),
the Secretary shall transfer an amount equal to 2 percent of
the funds apportioned to the State for the succeeding fiscal
year under each of paragraphs (1) through (3) of section
104(b) to the apportionment of the State under section
402.''.
(f) National Minimum Drinking Age.--Section 158(a)(1) of
title 23, United States Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) Fiscal years before 2012.--The Secretary''; and
(2) by adding at the end the following:
``(B) Fiscal year 2012 and thereafter.--For fiscal year
2012 and each fiscal year thereafter, the amount to be
withheld under this section shall be an amount equal to 8
percent of the amount apportioned to the noncompliant State,
as described in subparagraph (A), under paragraphs (1) and
(2) of section 104(b).''.
(g) Drug Offenders.--Section 159 of title 23, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph (1);
(C) in paragraph (1) (as so redesignated) by striking
``(including any amounts withheld under paragraph (1))''; and
(D) by inserting after paragraph (1) (as so redesignated)
the following:
``(2) Fiscal year 2012 and thereafter.--The Secretary shall
withhold an amount equal to 8 percent of the amount required
to be apportioned to any State under each of paragraphs (1)
and (2) of section 104(b) on the first day of each fiscal
year beginning after September 30, 2011, if the State fails
to meet the requirements of paragraph (3) on the first day of
the fiscal year.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Effect of Noncompliance.--No funds withheld under
this section from apportionments to any State shall be
available for apportionment to that State.''.
(h) Zero Tolerance Blood Alcohol Concentration for
Minors.--Section 161(a) of title 23, United States Code, is
amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so redesignated)--
(A) by striking the paragraph heading and inserting ``Prior
to fiscal year 2012''; and
(B) by inserting ``through fiscal year 2011'' after ``each
fiscal year thereafter''; and
(4) by inserting after paragraph (1) (as so redesignated)
the following:
``(2) Fiscal year 2012 and thereafter.--The Secretary shall
withhold an amount equal to 8 percent of the amount required
to be apportioned to any State under each of paragraphs (1)
and (2) of section 104(b) on October 1, 2011, and on October
1 of each fiscal year thereafter, if the State does not meet
the requirement of paragraph (3) on that date.''.
(i) Operation of Motor Vehicles by Intoxicated Persons.--
Section 163(e) of title 23, United States Code, is amended by
striking paragraphs (1) and (2) and inserting the following:
``(1) Fiscal years 2007 through 2011.--On October 1, 2006,
and October 1 of each fiscal year thereafter through fiscal
year 2011, if a State has not enacted or is not enforcing a
law described in subsection (a), the Secretary shall withhold
an amount equal to 8 percent of the amounts to be apportioned
to the State on that date under each of paragraphs (1), (3),
and (4) of section 104(b).
``(2) Fiscal year 2012 and thereafter.--On October 1, 2011,
and October 1 of each fiscal year thereafter, if a State has
not enacted or is not enforcing a law described in subsection
(a), the Secretary shall withhold an amount equal to 6
percent of the amounts to be apportioned to the State on that
date under each of paragraphs (1) and (2) of section
104(b).''.
(j) Commercial Driver's License.--Section 31314 of title
49, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Penalties Imposed in Fiscal Year 2012 and
Thereafter.--Effective beginning on October 1, 2011--
``(1) the penalty for the first instance of noncompliance
by a State under this section shall be not more than an
amount equal to 4 percent of funds required to be apportioned
to the noncompliant State under paragraphs (1) and (2) of
section 104(b) of title 23; and
``(2) the penalty for subsequent instances of noncompliance
shall be not more than an amount equal to 8 percent of funds
required to be apportioned to the noncompliant State under
paragraphs (1) and (2) of section 104(b) of title 23.''.
SEC. 1405. HIGHWAY WORKER SAFETY.
[(a) T5Positive Protective Devices.]--Not later than 60
days after the date of enactment of this Act, the Secretary
shall modify section 630.1108(a) of title 23, Code of Federal
Regulations (as in effect on the date of enactment of this
Act), to ensure that--
(1) at a minimum, positive protective measures are used to
separate workers on highway construction projects from
motorized traffic in all work zones conducted under traffic
in areas that offer workers no means of escape (such as
tunnels and bridges), unless an engineering study determines
otherwise;
(2) temporary longitudinal traffic barriers are used to
protect workers on highway construction projects in long-
duration stationary work zones when the project design speed
is anticipated to be high and the nature of the work requires
workers to be within 1 lane-width from the edge of a live
travel lane, unless--
(A) an analysis by the project sponsor determines
otherwise; or
(B) the project is outside of an urbanized area and the
annual average daily traffic load of the applicable road is
less than 100 vehicles per hour; and
(3) when positive protective devices are necessary for
highway construction projects, those devices are paid for on
a unit-pay basis, unless doing so would create a conflict
with innovative contracting approaches, such as design-build
or some performance-based contracts under which the
contractor is paid to assume a certain risk allocation and
payment is generally made on a lump-sum basis.
[(b) Turnout Gear.--Notwithstanding sections 6D.03 and
6E.02 of the Manual on Uniform Traffic Control Devices dated
2009 (as in effect on the date of enactment of this Act), any
firefighter engaged in any type of operation while working
within the right-of-way of a Federal-aid highway may
optionally wear for compliance retroreflective turnout gear
that is specified and regulated by other organizations, such
as the gear specified in National Fire Protection Association
standards 1971 through 2007 (as in effect on that date of
enactment), in lieu of apparel meeting the requirements under
ANSI/ISEA 107-2004 or ANSI/ISEA 207-2006 (as in effect on
that date).]
Subtitle E--Miscellaneous
SEC. 1501. PROGRAM EFFICIENCIES.
The first sentence of section 102(b) of title 23, United
States Code, is amended by striking ``made available for such
engineering'' and inserting ``reimbursed for the preliminary
engineering''.
SEC. 1502. PROJECT APPROVAL AND OVERSIGHT.
Section 106 of title 23, United States Code, is amended--
(1) in subsection (a)(2) by inserting ``recipient'' before
``formalizing'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the heading, by striking ``Non-interstate''; and
(ii) by striking ``but not on the Interstate System''; and
(B) by striking paragraph (4) and inserting the following:
``(4) Limitation on interstate projects.--
``(A) In general.--The Secretary shall not assign any
responsibilities to a State for projects the Secretary
determines to be in a high risk category, as defined under
subparagraph (B).
``(B) High risk categories.--The Secretary may define the
high risk categories under this subparagraph on a national
basis, a State-by-State basis, or a national and State-by-
State basis, as determined to be appropriate by the
Secretary.'';
[[Page S465]]
(3) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i)--
(aa) by striking ``concept'' and inserting ``planning'';
and
(bb) by striking ``multidisciplined'' and inserting
``multidisciplinary''; and
(II) by striking clause (i) and inserting the following:
``(i) providing the needed functions and achieving the
established commitments (including environmental, community,
and agency commitments) safely, reliably, and at the lowest
overall lifecycle cost;''; and
(ii) in subparagraph (B) by striking clause (ii) and
inserting the following:
``(ii) refining or redesigning, as appropriate, the project
using different technologies, materials, or methods so as to
accomplish the purpose, functions, and established
commitments (including environmental, community, and agency
commitments) of the project.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A) by striking
``or other cost-reduction analysis'';
(ii) in subparagraph (A) by striking ``Federal-aid system''
and inserting ``National Highway System receiving Federal
assistance''; and
(iii) in subparagraph (B) by inserting ``on the National
Highway System receiving Federal assistance'' after ``a
bridge project''; and
(C) by striking paragraph (4) and inserting the following:
``(4) Requirements.--
``(A) Value engineering program.--The State shall develop
and carry out a value engineering program that--
``(i) establishes and documents value engineering program
policies and procedures;
``(ii) ensures that the required value engineering analysis
is conducted before completing the final design of a project;
``(iii) ensures that the value engineering analysis that is
conducted, and the recommendations developed and implemented
for each project, are documented in a final value engineering
report; and
``(iv) monitors, evaluates, and annually submits to the
Secretary a report that describes the results of the value
analyses that are conducted and the recommendations
implemented for each of the projects described in paragraph
(2) that are completed in the State.
``(B) Bridge projects.--The value engineering analysis for
a bridge project under paragraph (2) shall--
``(i) include bridge superstructure and substructure
requirements based on construction material; and
``(ii) be evaluated by the State--
``(I) on engineering and economic bases, taking into
consideration acceptable designs for bridges; and
``(II) using an analysis of lifecycle costs and duration of
project construction.'';
(4) in subsection (g)(4) by adding at the end the
following:
``(C) Funding.--
``(i) In general.--Subject to project approval by the
Secretary, a State may obligate funds apportioned to the
State under section 104(b)(2) for carrying out the
responsibilities of the State under subparagraph (A).
``(ii) Eligible activities.--Activities eligible for
assistance under this subparagraph include--
``(I) State administration of subgrants; and
``(II) State oversight of subrecipients.
``(iii) Annual work plan.--To receive the funding
flexibility made available under this subparagraph, the State
shall submit to the Secretary an annual work plan identifying
activities to be carried out under this subparagraph during
the applicable year.
``(iv) Federal share.--The Federal share of the cost of
activities carried out under this subparagraph shall be 100
percent.''; and
(5) in subsection (h)--
(A) in paragraph (1)(B) by inserting ``, including a
phasing plan when applicable'' after ``financial plan''; and
(B) by striking paragraph (3) and inserting the following:
``(3) Financial plan.--A financial plan--
``(A) shall be based on detailed estimates of the cost to
complete the project;
``(B) shall provide for the annual submission of updates to
the Secretary that are based on reasonable assumptions, as
determined by the Secretary, of future increases in the cost
to complete the project; and
``(C) may include a phasing plan that identifies fundable
incremental improvements or phases that will address the
purpose and the need of the project in the short term in the
event there are insufficient financial resources to complete
the entire project. If a phasing plan is adopted for a
project pursuant to this section, the project shall be deemed
to satisfy the fiscal constraint requirements in the
statewide and metropolitan planning requirements in sections
134 and 135.''.
SEC. 1503. STANDARDS.
(a) Practical Design.--Section 109 of title 23, United
States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``and'' at the end;
(B) in paragraph (2) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) utilize, when appropriate, practical design
solutions, as defined in this section, to ensure that
transportation needs are met and that funds available for
transportation projects are used efficiently.'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding subparagraph
(A)--
(i) by striking ``, reconstruction, resurfacing (except for
maintenance resurfacing), restoration, or rehabilitation''
and inserting ``or reconstruction''; and
(ii) by striking ``may take into account'' and inserting
``shall consider'';
(B) in paragraph (2)--
(i) in the first sentence of the matter preceding
subparagraph (A) by striking ``may'' and inserting ``shall'';
(ii) in subparagraph (C) by striking ``and'' at the end;
(iii) by redesignating subparagraph (D) as subparagraph
(F); and
(iv) by inserting after subparagraph (C) the following:
``(D) the publication entitled `Highway Safety Manual' of
the American Association of State Highway and Transportation
Officials;
``(E) the publication entitled `A Guide for Achieving
Flexibility in Highway Design, 1st Edition', published by the
American Association of State Highway and Transportation
Officials; and'';
(3) in subsection (f) by inserting ``pedestrian walkways,''
after ``bikeways,'';
(4) in subsection (m) by inserting ``, safe, and
continuous'' after ``for a reasonable'';
(5) in subsection (q) by striking ``consistent with the
operative safety management system established in accordance
with section 303 or in accordance with'' inserting ``that is
in accordance with a State's strategic highway safety plan
and included on''; and
(6) by adding at the end the following:
``(r) Definition.--In this section, the term `practical
design solution' means a collaborative interdisciplinary
approach that results in a transportation project that fits
its physical setting, preserves safety, and balances costs
with the necessary scope and project delivery needs of the
project, as well as with scenic, aesthetic, historic, and
environmental resources.''.
(b) Additional Standards.--Section 109 of title 23, United
States Code (as amended by subsection (a)(6)), is amended by
adding at the end the following:
``(s) Pavement Markings.--The Secretary shall not approve
any pavement markings project that includes the use of glass
beads containing more than 200 parts per million of arsenic
or lead, as determined in accordance with Environmental
Protection Agency testing methods 3052, 6010B, or 6010C.''.
SEC. 1504. CONSTRUCTION.
Section 114 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (1) and inserting the following:
``(1) Limitation on convict labor.--Convict labor shall not
be used in construction of Federal-aid highways or portions
of Federal-aid highways unless the labor is performed by
convicts who are on parole, supervised release, or
probation.''; and
(B) in paragraph (3) by inserting ``in existence during
that period'' after ``located on a Federal-aid system''; and
(2) in subsection (c)--
(A) by striking paragraph (1) and inserting the following:
``(1) In general.--The Secretary shall ensure that a worker
who is employed on a remote project for the construction of a
Federal-aid highway or portion of a Federal-aid highway in
the State of Alaska and who is not a domiciled resident of
the locality shall receive meals and lodging.''; and
(B) in paragraph (3)(C) by striking ``highway or portion of
a highway located on a Federal-aid system'' and inserting
``Federal-aid highway or portion of a Federal-aid highway''.
SEC. 1505. MAINTENANCE.
Section 116 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in the first sentence, by inserting ``or other direct
recipient'' before ``to maintain''; and
(B) by striking the second sentence;
(2) by striking subsection (b) and inserting the following:
``(b) Agreement.--In any State in which the State
transportation department or other direct recipient is
without legal authority to maintain a project described in
subsection (a), the transportation department or direct
recipient shall enter into a formal agreement with the
appropriate officials of the county or municipality in which
the project is located providing for the maintenance of the
project.''; and
(3) in the first sentence of subsection (c) by inserting
``or other direct recipient'' after ``State transportation
department''.
SEC. 1506. FEDERAL SHARE PAYABLE.
Section 120 of title 23, United States Code, is amended--
(1) in the first sentence of subsection (c)(1)--
(A) by inserting ``maintaining minimum levels of
retroreflectivity of highway signs or pavement markings,''
after ``traffic control signalization,'';
(B) by inserting ``shoulder and centerline rumble strips
and stripes,'' after ``pavement marking,''; and
(C) by striking ``Federal-aid systems'' and inserting
``Federal-aid programs'';
(2) in subsection (e)--
(A) in the first sentence--
[[Page S466]]
(i) in the matter preceding paragraph (1) by striking ``on
such highway'' and inserting ``on the system''; [and]
(ii) in paragraph (1) by striking ``within 180 days after
the actual occurrence of the natural disaster or catastrophic
failure may amount to 100 percent of the costs thereof'' and
inserting ``, beginning for fiscal year 2012, in such time
period as the Secretary, in consultation with the Governor of
the impacted State, determines to be appropriate within 270
days after the occurrence of the natural disaster or
catastrophic failure, taking into consideration any delay in
the ability of the State to access damaged facilities to
evaluate damage and the cost of repair, may be, in the
discretion of the Secretary, up to 100 percent if the
eligible expenses incurred by the State due to the natural
disaster or catastrophic failure exceeds the annual
apportionment of the State under section 104 for the fiscal
year in which the disaster or failure occurred''; and
(ii)(iii) in paragraph (2) by striking ``forest highways,
forest development roads and trails, park roads and trails,
parkways, public lands highways, public lands development
roads and trails, and Indian reservation roads'' and
inserting ``Federal land transportation facilities and tribal
transportation facilities''; and
(B) by striking the second and third sentences;
(3) by striking subsection (g) and redesignating
subsections (h) through (l) as subsections (g) through (k),
respectively;
(4) in subsection (i)(1)(A) (as redesignated by paragraph
(3)) by striking ``and the Appalachian development highway
system program under section 14501 of title 40''; and
(5) by striking subsections (j) and (k) (as redesignated by
paragraph (3)) and inserting the following:
``(j) Use of Federal Agency Funds.--Notwithstanding any
other provision of law, any Federal funds other than those
made available under this title and title 49, United States
Code, may be used to pay the non-Federal share of the cost of
any transportation project that is within, adjacent to, or
provides access to Federal land, the Federal share of which
is funded under this title or chapter 53 of title 49.
``(k) Use of Federal Land and Tribal Transportation
Funds.--Notwithstanding any other provision of law, the funds
authorized to be appropriated to carry out the tribal
transportation program under section 202 and the Federal
lands transportation program under section 203 may be used to
pay the non-Federal share of the cost of any project that is
funded under this title or chapter 53 of title 49 and that
provides access to or within Federal or tribal land.''.
SEC. 1507. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.
(a) In General.--Section 126 of title 23, United States
Code, is amended to read as follows:
``Sec. 126. Transferability of Federal-aid highway funds
``(a) In General.--Notwithstanding any other provision of
law, subject to subsection (b), a State may transfer from an
apportionment under section 104(b) not to exceed 20 percent
of the amount apportioned for the fiscal year to any other
apportionment of the State under that section.
``(b) Application to Certain Set-asides.--Funds that are
subject to sections 104(d) and 133(d) shall not be
transferred under this section.''.
(b) Conforming Amendment.--The analysis for chapter 1 of
title 23, United States Code, is amended by striking the item
relating to section 126 and inserting the following:
``126. Transferability of Federal-aid highway funds.''.
SEC. 1508. SPECIAL PERMITS DURING PERIODS OF NATIONAL
EMERGENCY.
Section 127 of title 23, United States Code, is amended by
inserting at the end the following:
``(i) Special Permits During Periods of National
Emergency.--
``(1) In general.--Notwithstanding any other provision of
this section, a State may issue special permits during an
emergency to overweight vehicles and loads that can easily be
dismantled or divided if--
``(A) the President has declared the emergency to be a
major disaster under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.);
``(B) the permits are issued in accordance with State law;
and
``(C) the permits are issued exclusively to vehicles and
loads that are delivering relief supplies.
``(2) Expiration.--A permit issued under paragraph (1)
shall expire not later than 120 days after the date of the
declaration of emergency under subparagraph (A) of that
paragraph.''.
SEC. 1509. ELECTRIC VEHICLE CHARGING STATIONS.
(a) Fringe and Corridor Parking Facilities.--Section 137 of
title 23, United States Code, is amended--
(1) in subsection (a) by inserting after the second
sentence the following: ``The addition of electric vehicle
charging stations to new or previously funded parking
facilities shall be eligible for funding under this
section.''; and
(2) in subsection (f)(1)--
(A) by striking ``104(b)(4)'' and inserting ``104(b)(1)'';
and
(B) by inserting ``including the addition of electric
vehicle charging stations,'' after ``new facilities,''.
(b) Public Transportation .--Section 142(a)(1) of title 23,
United States Code, is amended by inserting ``(which may
include electric vehicle charging stations)'' after
``corridor parking facilities''.
SEC. 1510. HOV FACILITIES.
Section 166 of title 23, United States Code, is amended--
(1) in subsection (b)(5)--
(A) in subparagraph (A) by striking ``Before September 30,
2009, the'' and inserting ``The''; and
(B) in subparagraph (B) by striking ``Before September 30,
2009, the'' and inserting ``The''; and
(2) in subsection (d)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``in a fiscal year shall certify'' and
inserting ``shall submit to the Secretary a report
demonstrating that the facility is not already degraded, and
that the presence of the vehicles will not cause the facility
to become degraded, and certify''; and
(ii) by striking ``in the fiscal year'';
(B) in subparagraph (A) by inserting ``and submitting to
the Secretary annual reports of those impacts'' after
``adjacent highways'';
(C) in subparagraph (C) by striking ``if the presence of
the vehicles has degraded the operation of the facility'' and
inserting ``whenever the operation of the facility is
degraded''; and
(D) by adding at the end the following:
``(D) Maintenance of operating performance.--A facility
that has become degraded shall be brought back into
compliance with the minimum average operating speed
performance standard by not later than 180 days after the
date on which the degradation is identified through changes
to operation, including the following:
``(i) Increase the occupancy requirement for HOVs.
``(ii) Increase the toll charged for vehicles allowed under
subsection (b) to reduce demand.
``(iii) Charge tolls to any class of vehicle allowed under
subsection (b) that is not already subject to a toll.
``(iv) Limit or discontinue allowing vehicles under
subsection (b).
``(v) Increase the available capacity of the HOV facility.
``(E) Compliance.--If the State fails to bring a facility
into compliance under subparagraph (D), the Secretary shall
subject the State to appropriate program sanctions under
section 1.36 of title 23, Code of Federal Regulations (or
successor regulations), until the performance is no longer
degraded.''.
SEC. 1511. CONSTRUCTION EQUIPMENT AND VEHICLES.
(a) In General.--Chapter 3 of title 23, United States Code,
is amended by adding at the end the following:
``SEC. 330. CONSTRUCTION EQUIPMENT AND VEHICLES.
``(a) In General.--In accordance with the obligation
process established pursuant to section 149(j)(4), a State
shall expend amounts required to be obligated for this
section to install [and employ] diesel emission control
technology on covered equipment, with an engine that does not
meet [any particulate matter emission standards] current
model year new engine standards for PM2.5 for the
applicable engine power group issued by the Environmental
Protection Agency, on a covered highway project within a
PM2.5 nonattainment or maintenance area.
``(b) Definitions.--In this section, the following
definitions apply:
``(1) Covered equipment.--The term `covered [construction]
equipment' means any [off-road] nonroad diesel equipment or
on-road diesel equipment that is operated on a covered
highway construction project for not less than 80 hours over
the life of the project.
``(2) Covered highway construction project.--The term
`covered highway construction project' means a highway
construction project carried out under this title or any
other Federal law which is funded in whole or in part with
Federal funds.
``(3) Diesel emission control technology.--The term `diesel
emission control technology' means a technology that--
``(A) is--
``(i) a diesel exhaust control technology;
``(ii) a diesel engine upgrade;
``(iii) a diesel engine repower; or
``(iv) an idle reduction control technology; [and]
``(B) reduces PM2.5 emissions from covered
equipment by--
``(i) not less than 85 percent control of any emission of
particulate matter; or
``(ii) the maximum achievable reduction of any emission of
particulate matter.; and
``(C) is installed on and operated with the covered
equipment while the equipment is operated on a covered
highway construction project and that remains operational on
the covered equipment for the useful life of the control
technology or equipment.
``(4) Eligible entity.--The term `eligible entity' means an
entity (including a subcontractor of the entity) that has
entered into a prime contract or agreement with a State to
carry out a covered highway construction project.
``(5) [Off-road] nonroad diesel equipment.--
``(A) In general.--The term `[off-road] nonroad diesel
equipment' means a vehicle, including covered equipment, that
is--
``(i) powered by a nonroad diesel engine of not less than
50 horsepower; and
``(ii) not intended for highway use.
[[Page S467]]
``(B) Inclusions.--The term `[off-road] nonroad diesel
equipment' includes a backhoe, bulldozer, compressor, crane,
excavator, generator, and similar equipment.
``(C) Exclusions.--The term `[off-road] nonroad diesel
equipment' does not include a locomotive or marine vessel.
``(6) On-road diesel equipment.--The term `on-road diesel
equipment' means any self-propelled vehicle that--
``(A) operates on diesel fuel;
``(B) is designed to transport persons or property on a
street or highway; and
``(C) has a gross vehicle weight rating of at least 14,000
pounds.
``(7) PM2.5 nonattainment or maintenance area.--
The term `PM2.5 nonattainment or maintenance area'
means a nonattainment or maintenance area designated under
section 107(d)(6) of the Clean Air Act (42 U.S.C.
7407(d)(6)).
``(c) Criteria Eligible Activities.--
``(1) Diesel exhaust control technology.--For a diesel
exhaust control technology, the technology shall be--
``(A) installed on a diesel engine or vehicle;
``(B) included in the list of verified or certified
technologies for non-road vehicles and non-road engines (as
defined in section 216 of the Clean Air Act (42 U.S.C. 7550))
published pursuant to subsection (f)(2) of section 149, as in
effect on the day before the date of enactment of the MAP-21;
and
``(C) certified by the installer as having been installed
in accordance with the specifications included on the list
referred to in [subclause (II)] subparagraph (B) for
achieving a reduction in PM2.5.
``(2) Diesel engine upgrade.--For a diesel engine upgrade,
the upgrade shall be performed on an engine that is--
``(A) rebuilt using new components that collectively appear
as a system in the list of verified or certified technologies
for non-road vehicles and non-road engines (as defined in
section 216 of the Clean Air Act (42 U.S.C. 7550)) published
pursuant to subsection (f)(2) of section 149, as in effect on
the day before the date of enactment of the MAP-21; and
``(B) certified by the installer to have been installed in
accordance with the specifications included on the list
referred to in [subclause (I)] subparagraph (A) for achieving
a reduction in PM2.5.
``(3) Diesel engine repower.--For a diesel engine repower,
the repower shall be conducted on a new or remanufactured
diesel engine that is--
``(A) installed as a replacement for an engine used in the
existing equipment, subject to the condition that the
replaced engine is--
``(i) used for scrap;
``(ii) permanently disabled; or
``(iii) returned to the original manufacturer for
remanufacture to a PM level that is at least equivalent to a
Tier 2 emission standard; and
``(B) certified by the engine manufacturer as meeting the
emission standards for new vehicles for the applicable engine
power group established by the Environmental Protection
Agency as in effect on the date on which the engine is
remanufactured.
``(4) Idle reduction control technology.--For an idle
reduction control technology, the technology shall be--
``(A) installed on a diesel engine or vehicle;
``(B) included in the list of verified or certified
technologies for non-road vehicles and non-road engines (as
defined in section 216 of the Clean Air Act (42 U.S.C. 7550))
published pursuant to subsection (f)(2) of section 149, as in
effect on the day before the date of enactment of the MAP-21;
and
``(C) certified by the installer as having been installed
in accordance with the specifications included on the list
referred to in [subclause (II)] subparagraph (B) for
achieving a reduction in PM2.5.''.
(b) Savings Clause.--Nothing in this section modifies or
otherwise affects any authority or restrictions established
under the Clean Air Act (42 U.S.C. 7401 et seq.).
(c) Report to Congress.--
(1) In general.--Not later than 21 years after the date of
enactment of this Act, the Secretary of Transportation shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that
describes the manners in which section 330 of title 23,
United States Code (as added by subsection (a)) has been
implemented, including the quantity of covered equipment
serviced under those sections and the costs associated with
servicing the covered equipment.
(2) Information from states.--The Secretary shall require
States and recipients, as a condition of receiving amounts
under this Act or under the provisions of any amendments made
by this Act, to submit to the Secretary any information that
the Secretary determines necessary to complete the report
under paragraph (1).
(d) Technical Amendment.--The analysis for chapter 3 of
title 23, United States Code, is amended by adding at the end
the following:
``330. Construction equipment and vehicles.''.
SEC. 1512. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND
OVERPASSES.
Section 1805(a) of the SAFETEA-LU (23 U.S.C. 144 note; 119
Stat. 1459) is amended by striking ``highway bridge
replacement and rehabilitation program under section 144''
and inserting ``national highway performance program under
section 119''.
SEC. 1513. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION FROM
AXLE WEIGHT RESTRICTIONS.
Section 1023(h)(1) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 127 note; Public Law 102-
388) is amended by striking ``, for the period beginning on
October 6, 1992, and ending on October 1, 2009,''.
SEC. 1514. UNIFORM RELOCATION ASSISTANCE ACT AMENDMENTS.
(a) Moving and Related Expenses.--Section 202 of the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4622) is amended--
(1) in subsection (a)(4) by striking ``$10,000'' and
inserting ``$25,000, as adjusted by regulation, in accordance
with section 213(d)''; and
(2) in the second sentence of subsection (c) by striking
``$20,000'' and inserting ``$40,000, as adjusted by
regulation, in accordance with section 213(d)''.
(b) Replacement Housing for Homeowners.--The first sentence
of section 203(a)(1) of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4623(a)(1)) is amended--
(1) by striking ``$22,500'' and inserting ``$31,000, as
adjusted by regulation, in accordance with 213(d),''; and
(2) by striking ``one hundred and eighty days prior to''
and inserting ``90 days before''.
(c) Replacement Housing for Tenants and Certain Others.--
Section 204 of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4624) is
amended--
(1) in the second sentence of subsection (a) by striking
``$5,250'' and inserting ``$7,200, as adjusted by regulation,
in accordance with section 213(d)''; and
(2) in the second sentence of subsection (b) by striking
``, except'' and all that follows through the end of the
subsection and inserting a period.
(d) Duties of Lead Agency.--Section 213 of the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4633) is amended--
(1) in subsection (b)--
(A) in paragraph (2) by striking ``and'' at the end;
(B) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) that each Federal agency that has programs or
projects requiring the acquisition of real property or
causing a displacement from real property subject to the
provisions of this Act shall provide to the lead agency an
annual summary report the describes the activities conducted
by the Federal agency.''; and
(2) by adding at the end the following:
``(d) Adjustment of Payments.--The head of the lead agency
may adjust, by regulation, the amounts of relocation payments
provided under sections 202(a)(4), 202(c), 203(a), and 204(a)
if the head of the lead agency determines that cost of
living, inflation, or other factors indicate that the
payments should be adjusted to meet the policy objectives of
this Act.''.
(e) Agency Coordination.--Title II of the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 is amended by inserting after section 213 (42
U.S.C. 4633) the following:
``SEC. 214. AGENCY COORDINATION.
``(a) Agency Capacity.--Each Federal agency responsible for
funding or carrying out relocation and acquisition activities
shall have adequately trained personnel and such other
resources as are necessary to manage and oversee the
relocation and acquisition program of the Federal agency in
accordance with this Act.
``(b) Interagency Agreements.--Not later than 1 year after
the date of enactment of this section, each Federal agency
responsible for funding relocation and acquisition activities
(other than the agency serving as the lead agency) shall
enter into a memorandum of understanding with the lead agency
that--
``(1) provides for periodic training of the personnel of
the Federal agency, which in the case of a Federal agency
that provides Federal financial assistance, may include
personnel of any displacing agency that receives Federal
financial assistance;
``(2) addresses ways in which the lead agency may provide
assistance and coordination to the Federal agency relating to
compliance with the Act on a program or project basis; and
``(3) addresses the funding of the training, assistance,
and coordination activities provided by the lead agency, in
accordance with subsection (c).
``(c) Interagency Payments.--
``(1) In general.--For the fiscal year that begins 1 year
after the date of enactment of this section, and each fiscal
year thereafter, each Federal agency responsible for funding
relocation and acquisition activities (other than the agency
serving as the lead agency) shall transfer to the lead agency
for the fiscal year, such funds as are necessary, but not
less than $35,000, to support the training, assistance, and
coordination activities of the lead agency described in
subsection (b).
``(2) Included costs.--The cost to a Federal agency of
providing the funds described in paragraph (1) shall be
included as part of the cost of 1 or more programs or
projects undertaken by the Federal agency or with Federal
financial assistance that result in the displacement of
persons or the acquisition of real property.''.
(f) Cooperation With Federal Agencies.--Section 308 of
title 23, United States Code, is amended by striking
subsection (a) and inserting the following:
[[Page S468]]
``(a) Authorized Activities.--
``(1) In general.--The Secretary may perform, by contract
or otherwise, authorized engineering or other services in
connection with the survey, construction, maintenance, or
improvement of highways for other Federal agencies,
cooperating foreign countries, and State cooperating
agencies.
``(2) Inclusions.--Services authorized under paragraph (1)
may include activities authorized under section 214 of the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970.
``(3) Reimbursement.--Reimbursement for services carried
out under this subsection (including depreciation on
engineering and road-building equipment) shall be credited to
the applicable appropriation.''.
(g) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of enactment of this Act.
(2) Exception.--The amendments made by subsections (a)
through (c) shall take effect 2 years after the date of
enactment of this Act.
SEC. 1515. USE OF YOUTH SERVICE AND CONSERVATION CORPS.
(a) In General.--The Secretary shall encourage the States
and regional transportation planning agencies to enter into
contracts and cooperative agreements with Healthy Futures
Corps under section 122(a)(2) of the National and Community
Service Act of 1990 (42 U.S.C. 12572(a)(2)) or qualified
urban youth corps (as defined in section 106(c) of the
National and Community Service Trust Act of 1993 (42 U.S.C.
12656(c)) to perform--
(1) appropriate projects eligible under sections 162, 206,
and 217 of title 23, United States Code;
(2) appropriate transportation enhancement activities (as
defined in section 101(a) of such title);
(3) appropriate transportation byway, trail, or bicycle and
pedestrian projects under section 204 of such title; and
(4) appropriate safe routes to school projects under
section 1404 of the SAFETEA-LU (23 U.S.C. 402 note; 119 Stat.
1228).
(b) Requirements.--Under any contract or cooperative
agreement entered into with a Healthy Futures Corps or
qualified urban youth corps under this section, the
Secretary--
(1) shall establish the amount of a living allowance or
rate of pay for each participant in such corps--
(A) at such amount or rate as is required under State law
in a State with such a requirement; or
(B) for corps in a State not described in subparagraph (A),
at such amount or rate as determined by the Secretary, not to
exceed the maximum living allowance authorized by section 140
of the National and Community Service Act of 1990 (42 U.S.C.
12594); and
(2) shall not subject such corps to the requirements of
section 112 of title 23, United States Code.
SEC. 1516. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE
PROVISIONS.
(a) Consolidation of Programs.--From administrative funds
made available under section 104(a) of title 23, United
States Code, not less than [$10,000,000 for each fiscal year]
$15,000,000 for each of fiscal years 2012 and 2013 shall be
made available for the following activities:
(1) To carry out the operation lifesaver program--
(A) to provide public information and education programs to
help prevent and reduce motor vehicle accidents, injuries,
and fatalities; and
(B) to improve driver performance at railway-highway
crossings.
(2) To operate the national work zone safety information
clearinghouse authorized by section 358(b)(2) of the National
Highway System Designation Act of 1995 (23 U.S.C. 401 note;
109 Stat. 625)
(3) To operate a public road safety clearinghouse in
accordance with section 1411(a) of the SAFETEA-LU (23 U.S.C.
402 note; 119 Stat. 1234).
(4) To operate a bicycle and pedestrian safety
clearinghouse in accordance with section 1411(b) of the
SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 1234).
(5) To operate a national safe routes to school
clearinghouse in accordance with section 1404(g) of the
SAFETEA-LU (23 U.S.C. 402 note; 119 Stat. 1229).
(6) To provide work zone safety grants in accordance with
subsections (a) and (b) of section 1409 of the SAFETEA-LU (23
U.S.C. 401 note; 119 Stat. 1232).
(7) To provide grants to prohibit racial profiling in
accordance with section 1906 of the SAFETEA-LU (23 U.S.C. 402
note; 119 Stat. 1468).
(b) Repeals.--Sections 105, 110, 117, 124, 147, 151, 155,
160, and 303 of title 23, United States Code, are repealed.
(c) Conforming Amendments.--
(1) Title analysis.--The analysis for title 23, United
States Code, is amended by striking the items relating to
sections 105, 110, 117, 124, 147, 152, 155, 160, and 303 of
that title.
(2) Section 118.--Section 118 of such title is amended--
(A) in subsection (b)--
(i) by striking paragraph (1) and all that follows through
the heading of paragraph (2); and
(ii) by striking ``(other than for Interstate
construction)''; [and]
(B) by striking subsection (c); and
(C) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(3) Section 130.--Section 130 of such title is amended--
(A) by striking subsections (e) through (h);
(B) by redesignating subsection (i) as subsection (e);
(C) by striking subsections (j) and (k);
(D) by redesignating subsection (l) as subsection (f);
(E) in subsection (e) (as so redesignated) by striking
``this section'' [the second place it appears] the second
place it appears and inserting ``section 104(b)(3)''; and
(F) in subsection (f) (as so redesignated) by striking
paragraphs (3) and (4).
(4) Section 142.--Section 142 of title 23, United States
Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``motor vehicles (other than rail)'' and
inserting ``buses'';
(II) by striking ``(hereafter in this section referred to
as `buses')'';
(III) by striking ``Federal-aid systems'' and inserting
``Federal-aid highways''; and
(IV) by striking ``Federal-aid system'' and inserting
``Federal-aid highway''; and
(ii) in paragraph (2)--
(I) by striking ``as a project on the the surface
transportation program for''; and
(II) by striking ``section 104(b)(3)'' and inserting
``section 104(b)(2);
(B) in subsection (b) by striking ``104(b)(4)'' and
inserting ``104(b)(1)'';
(C) in subsection (c)--
(i) by striking ``system'' in each place it appears and
inserting ``highway''; and
(ii) by striking ``highway facilities'' and inserting
``highways eligible under the program that is the source of
the funds'';
(D) in subsection (e)(2)--
(i) by striking ``Notwithstanding section 209(f)(1) of the
Highway Revenue Act of 1956, the Highway Trust Fund shall be
available for making expenditures to meet obligations
resulting from projects authorized by subsection (a)(2) of
this section and such projects'' and inserting ``Projects
authorized by subsection (a)(2)''; and
(ii) striking ``on the surface transportation program'' and
inserting ``under the transportation mobility program''; and
(E) in subsection (f) by striking ``exits'' and inserting
``exists''.
(5) Section 145.--Section 145(b) of title 23, United States
Code, is amended by striking ``section 117 of this title,''.
(6) Section 322.--Section 322(h)(3) of title 23, United
States Code, is amended by striking ``surface transportation
program'' and inserting ``the transportation mobility
program''.
(d) Certain Allocations.--Notwithstanding any other
provision of law, any unobligated balances of amounts
required to be allocated to a State by section 1307(d)(1) of
the SAFETEA-LU (23 U.S.C. 322 note; 119 Stat. 1217; 122 Stat.
1577) shall instead be made available to such State for any
purpose eligible under section 133(c) of title 23, United
States Code.
SEC. 1517. RESCISSIONS.
(a) Fiscal Year 2012.--
(1) Not later than 30 days after the date of enactment of
this Act, of the unobligated balances available under
sections 144(f) and 320 of title 23, United States Code,
section 147 of Public Law 95-599 (23 U.S.C. 144 note; 92
Stat. 2714), section 9(c) of Public Law 97-134 (95 Stat.
1702), section 149 of Public Law 100-17 (101 Stat. 181),
sections 1006, 1069, 1103, 1104, 1105, 1106, 1107, 1108,
6005, 6015, and 6023 of Public Law 102-240 (105 Stat. 1914),
section 1602 of Public Law 105-178 (112 Stat. 256), sections
1301, 1302, 1702, and 1934 of Public Law 109-59 (119 Stat.
1144), and of other funds apportioned to each State under
chapter 1 of title 23, United States Code, prior to the date
of enactment of this Act, $2,391,000,000 are permanently
rescinded.
(2) In administering the rescission required under this
subsection, the Secretary shall allow each State to determine
the amount of the required rescission to be drawn from the
programs to which the rescission applies.
(b) Fiscal Year 2013.--
(1) On October 1, 2012, of the unobligated balances of
funds apportioned or allocated on or before that date to each
State under chapter 1 of title 23, United States Code,
$3,054,000,000 are permanently rescinded.
(2) Notwithstanding section 1132 of the Energy Independence
and Security Act of 2007 (Public Law 110-140; 121 Stat.
1763), in administering the rescission required under this
subsection, the Secretary shall allow each State to determine
the amount of the required rescission to be drawn from the
programs to which the rescission applies.
SEC. 1518. STATE AUTONOMY FOR CULVERT PIPE SELECTION.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall modify section 635.411 of title 23,
Code of Federal Regulations (as in effect on the date of
enactment of this Act), to ensure that States shall have the
autonomy to determine culvert and storm sewer material types
to be included in the construction of a project on a Federal-
aid highway.
SEC. 1519. EFFECTIVE AND SIGNIFICANT PERFORMANCE MEASURES.
(a) Limited Number of Performance Measures.--In
implementing provisions of this Act (including the amendments
made by this Act) and title 23, United States Code (other
than chapter 4 of that title), that authorize the Secretary
to develop performance measures, the Secretary shall limit
the number of performance measures established to the most
significant and effective measures.
[[Page S469]]
(b) Different Approaches for Urban and Rural Areas.--In the
development and implementation of any performance target, a
State may, as appropriate, provide for different performance
targets for urbanized and rural areas.
SEC. 1520. REQUIREMENTS FOR ELIGIBLE BRIDGE PROJECTS.
(a) Definitions.--In this section:
(1) Eligible bridge project.--The term ``eligible bridge
project'' means a project for construction, alteration, or
repair work on a bridge or overpass funded directly by, or
provided other assistance through, the Federal Government.
(2) Qualified training program.--The term ``qualified
training program'' means a training program that--
(A)(i) is certified by the Secretary of Labor; and
(ii) with respect to an eligible bridge project located in
an area in which the Secretary of Labor determines that a
training program does not exist, is registered with--
(I) the Department of Labor; or
(II) a State agency recognized by the Department of Labor
for purposes of a Federal training program; or
(B) is a corrosion control, mitigation and prevention
personnel training program that is offered by an organization
whose standards are recognized and adopted in other Federal
or State Departments of Transportation.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Eligibility Requirements.--
(1) In general.--Each contractor and subcontractor that
carries out any aspect of an eligible bridge project
described in paragraph (2) shall--
(A) before entering into the applicable contract, be
certified by the Secretary or a State, in accordance with
paragraph (4), as meeting the eligibility requirements
described in paragraph (3); and
(B) remain certified as described in subparagraph (A) while
carrying out the applicable aspect of the eligible bridge
project.
(2) Description of aspects of eligible bridge projects.--An
aspect of an eligible bridge project referred to in paragraph
(1) is--
(A) surface preparation or coating application on bridge
steel of an eligible bridge project;
(B) removal of a lead-based or other hazardous coating from
bridge steel of an existing eligible bridge project;
(C) shop painting of structural steel fabricated for
installation on bridge steel of an eligible bridge project;
and
(D) the design, application, installation, and maintenance
of a cathodic protection system.
(3) Requirements.--The eligibility requirements referred to
in paragraph (1) are that a contractor or subcontractor
shall--
(A) as determined by the Secretary--
(i) use corrosion mitigation and prevention methods to
preserve relevant bridges and overpasses, taking into
account--
(I) material selection;
(II) coating considerations;
(III) cathodic protection considerations;
(IV) design considerations for corrosion; and
(V) trained applicators;
(ii) use best practices--
(I) to prevent environmental degradation; and
(II) to ensure careful handling of all hazardous materials;
and
(iii) demonstrate a history of employing industry-respected
inspectors to ensure funds are used in the interest of
affected taxpayers; and
(B) demonstrate a history of compliance with applicable
requirements of the Occupational Safety and Health
Administration, as determined by the Secretary of Labor.
(4) State consultation.--In determining whether to certify
a contractor or subcontractor under paragraph (1)(A), a State
shall consult with engineers and other experts trained in
accordance with subsection (a)(2) specializing in corrosion
control, mitigation, and prevention methods.
(c) Optional Training Program.--As a condition of entering
into a contract for an eligible bridge project, each
contractor and subcontractor that performs construction,
alteration, or repair work on a bridge or overpass for the
eligible bridge project may provide, or make available,
training, through a qualified training program, for each
applicable craft or trade classification of employees that
the contractor or subcontractor intends to employ to carry
out aspects of eligible bridge projects as described in
subsection (b)(2).
TITLE II--RESEARCH AND EDUCATION
Subtitle A--Funding
SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following amounts are authorized to be
appropriated out of the Highway Trust Fund (other than the
Mass Transit Account):
(1) Highway research and development program.--To carry out
sections 503(b), 503(d), and 509 of title 23, United States
Code, $90,000,000 for each of fiscal years 2012 and 2013.
(2) Technology and innovation deployment program.--To carry
out section 503(c) of title 23, United States Code,
$90,000,000 for each of fiscal years 2012 and 2013.
(3) Training and education.--To carry out section 504 of
title 23, United States Code, $24,000,000 for each of fiscal
years 2012 and 2013.
(4) Intelligent transportation systems program.--To carry
out sections 512 through 518 of title 23, United States Code,
$100,000,000 for each of fiscal years 2012 and 2013.
(5) University transportation centers program.--To carry
out section 5505 of title 49, United States Code, $70,000,000
for each of fiscal years 2012 and 2013.
(6) Bureau of transportation statistics.--To carry out
chapter 65 of title 49, United States Code, $26,000,000 for
each of fiscal years 2012 and 2013.
(b) Applicability of Title 23, United States Code.--Funds
authorized to be appropriated by subsection (a) shall--
(1) be available for obligation in the same manner as if
those funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share of the cost
of a project or activity carried out using those funds shall
be 80 percent, unless otherwise expressly provided by this
Act (including the amendments by this Act) or otherwise
determined by the Secretary; and
(2) remain available until expended and not be
transferable.
Subtitle B--Research, Technology, and Education
SEC. 2201. RESEARCH, TECHNOLOGY, AND EDUCATION.
Section 501 of title 23, United States Code, is amended--
(1) by redesignating paragraph (2) as paragraph (8);
(2) by inserting after paragraph (1) the following:
``(2) Incident.--The term `incident' means a crash, natural
disaster, workzone activity, special event, or other
emergency road user occurrence that adversely affects or
impedes the normal flow of traffic.
``(3) Innovation lifecycle.--The term `innovation
lifecycle' means the process of innovating through--
``(A) the identification of a need;
``(B) the establishment of the scope of research to address
that need;
``(C) setting an agenda;
``(D) carrying out research, development, deployment, and
testing of the resulting technology or innovation; and
``(E) carrying out an evaluation of the impact of the
resulting technology or innovation.
``(4) Intelligent transportation infrastructure.--The term
`intelligent transportation infrastructure' means fully
integrated public sector intelligent transportation system
components, as defined by the Secretary.
``(5) Intelligent transportation system.--The terms
`intelligent transportation system' and `ITS' mean
electronics, photonics, communications, or information
processing used singly or in combination to improve the
efficiency or safety of a surface transportation system.
``(6) National architecture.--For purposes of this chapter,
the term `national architecture' means the common framework
for interoperability that defines--
``(A) the functions associated with intelligent
transportation system user services;
``(B) the physical entities or subsystems within which the
functions reside;
``(C) the data interfaces and information flows between
physical subsystems; and
``(D) the communications requirements associated with the
information flows.
``(7) Project.--The term `project' means an undertaking to
research, develop, or operationally test intelligent
transportation systems or any other undertaking eligible for
assistance under this chapter.''; and
(3) by inserting after paragraph (8) (as so redesignated)
the following:
``(9) Standard.--The term `standard' means a document
that--
``(A) contains technical specifications or other precise
criteria for intelligent transportation systems that are to
be used consistently as rules, guidelines, or definitions of
characteristics so as to ensure that materials, products,
processes, and services are fit for the intended purposes of
the materials, products, processes, and services; and
``(B) may support the national architecture and promote--
``(i) the widespread use and adoption of intelligent
transportation system technology as a component of the
surface transportation systems of the United States; and
``(ii) interoperability among intelligent transportation
system technologies implemented throughout the States.''.
SEC. 2202. SURFACE TRANSPORTATION RESEARCH, DEVELOPMENT, AND
TECHNOLOGY.
(a) Surface Transportation Research, Development, and
Technology.--Section 502 of title 23, United States Code, is
amended--
(1) in the section heading by inserting ``, DEVELOPMENT,
AND TECHNOLOGY'' after ``SURFACE TRANSPORTATION RESEARCH'';
(2) in subsection (a)--
(A) by redesignating paragraphs (1) through (8) as
paragraphs (2) through (9), respectively;
(B) by inserting before paragraph (2) (as redesignated by
subparagraph (A)) the following:
``(1) Applicability.--The research, development, and
technology provisions of this section shall apply throughout
this chapter.'';
(C) in paragraph (2) (as redesignated by subparagraph
(A))--
(i) by inserting ``within the innovation lifecycle'' after
``activities''; and
(ii) by inserting ``marketing and communications, impact
analysis,'' after ``training,'';
(D) in paragraph (3) (as redesignated by subparagraph
(A))--
(i) in subparagraph (B) by striking ``supports research in
which there is a clear public benefit and'' and inserting
``delivers a clear public benefit and occurs where'';
(ii) in subparagraph (C) by striking ``or'' after the
semicolon;
[[Page S470]]
(iii) by redesignating subparagraph (D) as subparagraph
(H); and
(iv) by inserting after subparagraph (C) the following:
``(D) meets and addresses current or emerging needs;
``(E) presents the best means to align resources with
multiyear plans and priorities;
``(F) ensures the coordination of highway research and
technology transfer activities, including through activities
performed by university transportation centers;
``(G) educates current and future transportation
professionals; or'';
(E) in paragraph (4) (as redesignated by subparagraph (A))
by striking subparagraphs (B) through (D) and inserting the
following:
``(B) partner with State highway agencies and other
stakeholders as appropriate, including international
entities, to facilitate research and technology transfer
activities;
``(C) communicate the results of ongoing and completed
research;
``(D) lead efforts to coordinate national emphasis areas of
highway research, technology, and innovation deployment;
``(E) leverage partnerships with industry, academia, and
international entities; and
``(F) conduct, facilitate, and support training and
education of current and future transportation
professionals.'';
(F) in paragraph (5)(C) (as redesignated by subparagraph
(A)) by striking ``policy and planning'' and inserting ``all
highway objectives seeking to improve the performance of the
transportation system'';
(G) in paragraph (6) (as redesignated by subparagraph (A))
in the second sentence, by inserting ``tribal governments,''
after ``local governments,''; and
(H) in paragraph (8) (as redesignated by subparagraph
(A))--
(i) in the first sentence, by striking ``To the maximum''
and inserting the following:
``(A) In general.--To the maximum'';
(ii) in the second sentence, by striking ``Performance
measures'' and inserting the following:
``(B) Performance measures.--Performance measures'';
(iii) in the third sentence, by striking ``All
evaluations'' and inserting the following:
``(D) Availability of evaluations.--All evaluations under
this paragraph''; and
(iv) by inserting after subparagraph (B) the following:
``(C) Program plan.--To the maximum extent practicable,
each program pursued under this chapter shall be part of a
data-driven, outcome-oriented program plan.'';
(3) in subsection (b)--
(A) in paragraph (4) by striking ``surface transportation
research and technology development strategic plan developed
under section 508'' and inserting ``the transportation
research and development strategic plan of the Secretary'';
(B) in paragraph (5) by striking ``section'' each place it
appears and inserting ``chapter'';
(C) in paragraph (6) by adding at the end the following:
``(C) Transfer of amounts among states or to federal
highway administration.--The Secretary may, at the request of
a State, transfer amounts apportioned or allocated to that
State under this chapter to another State or the Federal
Highway Administration to fund research, development, and
technology transfer activities of mutual interest on a pooled
funds basis.
``(D) Transfer of obligation authority.--Obligation
authority for amounts transferred under this subsection shall
be disbursed in the same manner and for the same amount as
provided for the project being transferred.''; and
(D) by adding at the end the following:
``(7) Prize competitions.--
``(A) In general.--The Secretary may carry out prize
competitions to award competitive prizes for surface
transportation innovations that have the potential for
application to the research and technology objectives and
activities of the Federal Highway Administration to improve
system performance.
``(B) Requirements.--
``(i) In general.--The Secretary shall use a competitive
process for the selection of prize recipients and shall
widely advertise and solicit participation in prize
competitions under this paragraph.
``(ii) Registration required.--No individual or entity
shall participate in a prize competition under this paragraph
unless the individual or entity has registered with the
Secretary in accordance with the eligibility requirements
established by the Secretary under clause (iii).
``(iii) Minimum requirements.--The Secretary shall
establish eligibility requirements for participation in each
prize competition under this paragraph, which, at a minimum,
shall--
``(I) limit participation in the prize competition to--
``(aa) individuals who are citizens of the United States;
``(bb) entities organized or existing under the laws of the
United States or of a State; and
``(cc) entities organized or existing under the laws of a
foreign country, if the controlling interest, as defined by
the Secretary, is held by an individual or entity described
in item (aa) or (bb);
``(II) require any individual or entity that registers for
a prize competition--
``(aa) to assume all risks arising from participation in
the competition; and
``(bb) to waive all claims against the Federal Government
for any damages arising out of participation in the
competition, including all claims, whether through negligence
or otherwise, except in the case of willful misconduct, for--
``(AA) injury, death, damage, or loss of property; or
``(BB) loss of revenue or profits, whether direct,
indirect, or consequential; and
``(III) require any individual or entity that registers for
a prize competition to waive all claims against any non-
Federal entity operating or managing the prize competition,
such as a private contractor managing competition activities,
to the extent that the Secretary believes is necessary to
protect the interests of the Federal Government.
``(C) Relationship to other authority.--The Secretary may
exercise the authority in this section in conjunction with,
or in addition to, any other authority of the Secretary to
acquire, support, or stimulate innovations with the potential
for application to the Federal highway research technology
and education program.'';
(4) in subsection (c)--
(A) in paragraph (3)(A)--
(i) by striking ``subsection'' and inserting ``chapter'';
and
(ii) by striking ``50'' and inserting ``80''; and
(B) in paragraph (4) by striking ``subsection'' and
inserting ``chapter''; and
(5) by striking subsections (d) through (j).
(b) Conforming Amendment.--The analysis for chapter 5 of
title 23, United States Code, is amended by striking the item
relating to section 502 and inserting the following:
``502. Surface transportation research, development, and technology.''.
SEC. 2203. RESEARCH AND TECHNOLOGY DEVELOPMENT AND
DEPLOYMENT.
(a) In General.--Section 503 of title 23, United States
Code, is amended to read as follows:
``Sec. 503. Research and technology development and
deployment
``(a) In General.--The Secretary shall--
``(1) carry out research, development, and deployment
activities that encompass the entire innovation lifecycle;
and
``(2) ensure that all research carried out under this
section aligns with the transportation research and
development strategic plan of the Secretary.
``(b) Highway Research and Development Program.--
``(1) Objectives.--In carrying out the highway research and
development program, the Secretary, to address current and
emerging highway transportation needs, shall--
``(A) identify research topics;
``(B) coordinate domestic and international research and
development activities;
``(C) carry out research, testing, and evaluation
activities; and
``(D) provide technology transfer and technical assistance.
``(2) Contents.--Research and development activities
carried out under this section may include any of the
following activities:
``(A) Improving highway safety.--
``(i) In general.--The Secretary shall carry out research
and development activities from an integrated perspective to
establish and implement systematic measures to improve
highway safety.
``(ii) Objectives.--In carrying out this subparagraph the
Secretary shall carry out research and development
activities--
``(I) to achieve greater long-term safety gains;
``(II) to reduce the number of fatalities and serious
injuries on public roads;
``(III) to fill knowledge gaps that limit the effectiveness
of research;
``(IV) to support the development and implementation of
State strategic highway safety plans;
``(V) to advance improvements in, and use of, performance
prediction analysis for decisionmaking; and
``(VI) to expand technology transfer to partners and
stakeholders.
``(iii) Contents.--Research and technology activities
carried out under this subparagraph may include--
``(I) safety assessments and decisionmaking tools;
``(II) data collection and analysis;
``(III) crash reduction projections;
``(IV) low-cost safety countermeasures;
``(V) innovative operational improvements and designs of
roadway and roadside features;
``(VI) evaluation of countermeasure costs and benefits;
``(VII) development of tools for projecting impacts of
safety countermeasures;
``(VIII) rural road safety measures;
``(IX) safety measures for vulnerable road users, including
bicyclists and pedestrians;
``(X) safety policy studies;
``(XI) human factors studies and measures;
``(XII) safety technology deployment;
``(XIII) safety workforce professional capacity building
initiatives;
``(XIV) safety program and process improvements; and
``(XV) tools and methods to enhance safety performance,
including achievement of statewide safety performance
targets.
``(B) Improving infrastructure integrity.--
``(i) In general.--The Secretary shall carry out and
facilitate highway infrastructure research and development
activities--
[[Page S471]]
``(I) to maintain infrastructure integrity;
``(II) to meet user needs; and
``(III) to link Federal transportation investments to
improvements in system performance.
``(ii) Objectives.--In carrying out this subparagraph, the
Secretary shall carry out research and development
activities--
``(I) to reduce the number of fatalities attributable to
infrastructure design characteristics and work zones;
``(II) to improve the safety and security of highway
infrastructure;
``(III) to increase the reliability of lifecycle
performance predictions used in infrastructure design,
construction, and management;
``(IV) to improve the ability of transportation agencies to
deliver projects that meet expectations for timeliness,
quality, and cost;
``(V) to reduce user delay attributable to infrastructure
system performance, maintenance, rehabilitation, and
construction;
``(VI) to improve highway condition and performance through
increased use of design, materials, construction, and
maintenance innovations;
``(VII) to reduce the lifecycle environmental impacts of
highway infrastructure through innovations in design,
construction, operation, preservation, and maintenance; and
``(VIII) to study vulnerabilities of the transportation
system to seismic activities and extreme events and methods
to reduce those vulnerabilities.
``(iii) Contents.--Research and technology activities
carried out under this subparagraph may include--
``(I) long-term infrastructure performance programs
addressing pavements, bridges, tunnels, and other structures;
``(II) short-term and accelerated studies of infrastructure
performance;
``(III) research to develop more durable infrastructure
materials and systems;
``(IV) advanced infrastructure design methods;
``(V) accelerated highway construction;
``(VI) performance-based specifications;
``(VII) construction and materials quality assurance;
``(VIII) comprehensive and integrated infrastructure asset
management;
``(IX) infrastructure safety assurance;
``(X) highway infrastructure security;
``(XI) sustainable infrastructure design and construction;
``(XII) infrastructure rehabilitation and preservation
techniques, including techniques to rehabilitate and preserve
historic infrastructure;
``(XIII) hydraulic, geotechnical, and aerodynamic aspects
of infrastructure;
``(XIV) improved highway construction technologies and
practices;
``(XV) improved tools, technologies, and models for
infrastructure management, including assessment and
monitoring of infrastructure condition;
``(XVI) studies to improve flexibility and resiliency of
infrastructure systems to withstand climate variability;
``(XVII) studies of infrastructure resilience and other
adaptation measures; and
``(XVIII) maintenance of seismic research activities,
including research carried out in conjunction with other
Federal agencies to study the vulnerability of the
transportation system to seismic activity and methods to
reduce that vulnerability.
``(iv) Lifecycle costs analysis study.--
``(I) In general.--In this clause, the term `lifecycle
costs analysis' means a process for evaluating the total
economic worth of a usable project segment by analyzing
initial costs and discounted future costs, such as
maintenance, user, reconstruction, rehabilitation, restoring,
and resurfacing costs, over the life of the project segment.
``(II) Study.--The Comptroller General shall conduct a
study of the best practices for calculating lifecycle costs
for federally funded highway projects. At a minimum, this
study shall include a thorough literature review and a survey
of current lifecycle cost practices of State departments of
transportation.
``(III) Consultation.--In carrying out this study, the
Comptroller shall consult with, at a minimum--
``(aa) the American Association of State Highway and
Transportation Officials;
``(bb) appropriate experts in the field of lifecycle cost
analysis; and
``(cc) appropriate industry experts and research centers.
``(IV) Report.--Not later than 1 year after the date of
enactment of the MAP-21, the Comptroller General shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the results of
the study which shall include, but is not limited to--
``(aa) a summary of the latest research on lifecycle cost
analysis; and
``(bb) recommendations on the appropriate--
``(AA) period of analysis;
``(BB) design period;
``(CC) discount rates; and
``(DD) use of actual material life and maintenance cost
data.
``(C) Strengthening transportation planning and
environmental decisionmaking.--
``(i) In general.--The Secretary shall carry out research--
``(I) to improve transportation planning and environmental
decisionmaking processes; and
``(II) to minimize the impact of surface transportation on
the environment and quality of life.
``(ii) Objectives.--In carrying out this subparagraph the
Secretary shall carry out research and development
activities--
``(I) to reduce the impact of highway infrastructure and
operations on the natural and human environment;
``(II) to advance improvements in environmental analyses
and processes and context sensitive solutions for
transportation decisionmaking;
``(III) to improve construction techniques;
``(IV) to accelerate construction to reduce congestion and
related emissions;
``(V) to reduce the impact of highway runoff on the
environment;
``(VI) to maintain sustainability of biological communities
and ecosystems adjacent to highway corridors;
``(VII) to improve understanding and modeling of the
factors that contribute to the demand for transportation;
``(VIII) to improve transportation planning decisionmaking
and coordination; and
``(IX) to reduce the environmental impacts of freight
movement.
``(iii) Contents.--Research and technology activities
carried out under this subparagraph may include--
``(I) creation of models and tools for evaluating
transportation measures and transportation system designs;
``(II) congestion reduction efforts;
``(III) transportation and economic development planning in
rural areas and small communities;
``(IV) improvement of State, local, and tribal capabilities
relating to surface transportation planning and the
environment;
``(V) environmental stewardship and sustainability
activities;
``(VI) streamlining of project delivery processes;
``(VII) development of effective strategies and techniques
to analyze and minimize impacts to the natural and human
environment and provide environmentally beneficial
mitigation;
``(VIII) comprehensive multinational planning;
``(IX) multistate transportation corridor planning;
``(X) improvement of transportation choices, including
walking, bicycling, and linkages to public transportation;
``(XI) ecosystem sustainability;
``(XII) wildlife and plant population connectivity and
interaction across and along highway corridors;
``(XIII) analysis, measurement, and reduction of air
pollution from transportation sources;
``(XIV) advancement in the understanding of health impact
analyses in transportation planning and project development;
``(XV) transportation planning professional development;
``(XVI) research on improving the cooperation and
integration of transportation planning with other regional
plans, including land use, energy, water infrastructure,
economic development, and housing plans; and
``(XVII) reducing the environmental impacts of freight
movement.
``(D) Reducing congestion, improving highway operations,
and enhancing freight productivity.--
``(i) In general.--The Secretary shall carry out research
under this subparagraph with the goals of--
``(I) addressing congestion problems;
``(II) reducing the costs of congestion;
``(III) improving freight movement;
``(IV) increasing productivity; and
``(V) improving the economic competitiveness of the United
States.
``(ii) Objectives.--In carrying out this subparagraph, the
Secretary shall carry out research and development activities
to identify, develop, and assess innovations that have the
potential--
``(I) to reduce traffic congestion;
``(II) to improve freight movement; and
``(III) to reduce freight-related congestion throughout the
transportation network.
``(iii) Contents.--Research and technology activities
carried out under this subparagraph may include--
``(I) active traffic and demand management;
``(II) acceleration of the implementation of Intelligent
Transportation Systems technology;
``(III) advanced transportation concepts and analysis;
``(IV) arterial management and traffic signal operation;
``(V) congestion pricing;
``(VI) corridor management;
``(VII) emergency operations;
``(VIII) research relating to enabling technologies and
applications;
``(IX) freeway management;
``(X) evaluation of enabling technologies;
``(XI) freight industry professional development;
``(XII) impacts of vehicle size and weight on congestion;
``(XIII) freight operations and technology;
``(XIV) operations and freight performance measurement and
management;
``(XV) organization and planning for operations;
``(XVI) planned special events management;
``(XVII) real-time transportation information;
``(XVIII) road weather management;
[[Page S472]]
``(XIX) traffic and freight data and analysis tools;
``(XX) traffic control devices;
``(XXI) traffic incident management;
``(XXII) work zone management;
``(XXIII) communication of travel, roadway, and emergency
information to persons with disabilities; and
``(XXIV) research on enhanced mode choice and intermodal
connectivity.
``(E) Assessing policy and system financing alternatives.--
``(i) In general.--The Secretary shall carry out research
and technology on emerging issues in the domestic and
international transportation community from a policy
perspective.
``(ii) Objectives.--Research and technology activities
carried out under this subparagraph shall provide information
to policy and decisionmakers on current and emerging
transportation issues.
``(iii) Research activities.--Activities carried out under
this subparagraph shall include--
``(I) the planning and integration of a coordinated program
related to the possible design, interoperability, and
institutional roles of future sustainable transportation
revenue mechanisms;
``(II) field trials to research potential alternative
revenue mechanisms, and the Secretary may partner with
individual States, groups of States, or other entities to
implement such trials; and
``(III) other activities to study new methods which
preserve a user-fee structure to maintain the long-term
solvency of the Highway Trust Fund.
``(iv) Contents.--Research and technology activities
carried out under this subparagraph may include--
``(I) highway needs and investment analysis;
``(II) a motor fuel tax evasion program;
``(III) advancing innovations in revenue generation,
financing, and procurement for project delivery;
``(IV) improving the accuracy of project cost analyses;
``(V) highway performance measurement;
``(VI) travel demand performance measurement;
``(VII) highway finance performance measurement;
``(VIII) international technology exchange initiatives;
``(IX) infrastructure investment needs reports;
``(X) promotion of the technologies, products, and best
practices of the United States; and
``(XI) establishment of partnerships among the United
States, foreign agencies, and transportation experts.
``(v) Funding.--Of the funds authorized to carry out this
subsection, no less than 50 percent shall be used to carry
out clause (iii).
``(F) Infrastructure investment needs report.--
``(i) In general.--Not later than July 31, 2012, and July
31 of every second year thereafter, the Secretary shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that
describes estimates of the future highway and bridge needs of
the United States and the backlog of current highway and
bridge needs.
``(ii) Comparisons.--Each report under clause (i) shall
include all information necessary to relate and compare the
conditions and service measures used in the previous biennial
reports to conditions and service measures used in the
current report.
``(iii) Inclusions.--Each report under clause (i) shall
provide recommendations to Congress on changes to the Highway
Performance Monitoring System that address--
``(I) improvements to the quality and standardization of
data collection on all functional classifications of Federal-
aid highways for accurate system length, lane length, and
vehicle-mile of travel; and
``(II) changes to the reporting requirements authorized
under section 315, to reflect recommendations under this
paragraph for collection, storage, analysis, reporting, and
display of data for Federal-aid highways and, to the maximum
extent practical, all public roads.
``(G) Exploring next generation solutions and capitalizing
on the highway research center.--
``(i) In general.--The Secretary shall carry out research
and development activities relating to exploratory advanced
research--
``(I) to leverage the targeted capabilities of the Turner-
Fairbank Highway Research Center to develop technologies and
innovations of national importance; and
``(II) to develop potentially transformational solutions to
improve the durability, efficiency, environmental impact,
productivity, and safety aspects of highway and intermodal
transportation systems.
``(ii) Contents.--Research and technology activities
carried out under this subparagraph may include--
``(I) long-term, high-risk research to improve the
materials used in highway infrastructure;
``(II) exploratory research to assess the effects of
transportation decisions on human health;
``(III) advanced development of surrogate measures for
highway safety;
``(IV) transformational research to affect complex
environmental and highway system relationships;
``(V) development of economical and environmentally
sensitive designs, efficient and quality-controlled
construction practices, and durable materials;
``(VI) development of advanced data acquisition techniques
for system condition and performance monitoring;
``(VII) inclusive research for hour-to-hour operational
decisionmaking and simulation forecasting;
``(VIII) understanding current and emerging phenomena to
inform next generation transportation policy decisionmaking;
and
``(IX) continued improvement and advancement of the Turner-
Fairbank Highway Research Center.
``(H) Aligning national challenges and disseminating
information.--
``(i) In general.--The Secretary shall conduct research and
development activities--
``(I) to establish a nationally coordinated highway
research agenda that--
``(aa) focuses on topics of national significance;
``(bb) addresses current gaps in research;
``(cc) encourages collaboration;
``(dd) reduces unnecessary duplication of effort; and
``(ee) accelerates innovation delivery; and
``(II) to provide relevant information to researchers and
highway and transportation practitioners to improve the
performance of the transportation system.
``(ii) Contents.--Research and technology activities
carried out under this subparagraph may include--
``(I) coordination, development, and implementation of a
national highway research agenda;
``(II) collaboration on national emphasis areas of highway
research and coordination among international, Federal,
State, and university research programs;
``(III) development and delivery of research reports and
innovation delivery messages;
``(IV) identification of market-ready technologies and
innovations; and
``(V) provision of access to data developed under this
subparagraph to the public, including researchers,
stakeholders, and customers, through a publicly accessible
Internet site.
``(c) Technology and Innovation Deployment Program.--
``(1) In general.--The Secretary shall carry out a
technology and innovation deployment program relating to all
aspects of highway transportation, including planning,
financing, operation, structures, materials, pavements,
environment, construction, and the duration of time between
project planning and project delivery, with the goals of--
``(A) significantly accelerating the adoption of innovative
technologies by the surface transportation community;
``(B) providing leadership and incentives to demonstrate
and promote state-of-the-art technologies, elevated
performance standards, and new business practices in highway
construction processes that result in improved safety, faster
construction, reduced congestion from construction, and
improved quality and user satisfaction;
``(C) constructing longer-lasting highways through the use
of innovative technologies and practices that lead to faster
construction of efficient and safe highways and bridges;
``(D) improving highway efficiency, safety, mobility,
reliability, service life, environmental protection, and
sustainability; and
``(E) developing and deploying new tools, techniques, and
practices to accelerate the adoption of innovation in all
aspects of highway transportation.
``(2) Implementation.--
``(A) In general.--The Secretary shall promote, facilitate,
and carry out the program established under paragraph (1) to
distribute the products, technologies, tools, methods, or
other findings that result from highway research and
development activities, including research and development
activities carried out under this chapter.
``(B) Accelerated innovation deployment.--In carrying out
the program established under paragraph (1), the Secretary
shall--
``(i) establish and carry out demonstration programs;
``(ii) provide incentives, technical assistance, and
training to researchers and developers; and
``(iii) develop improved tools and methods to accelerate
the adoption of proven innovative practices and technologies
as standard practices.
``(C) Implementation of future strategic highway research
program findings and results.--
``(i) In general.--The Secretary, in consultation with the
American Association of State Highway and Transportation
Officials and the Transportation Research Board of the
National Academy of Sciences, shall implement the findings
and recommendations developed under the future strategic
highway research program established under section 510.
``(ii) Basis for findings.--The activities carried out
under this subparagraph shall be based on the report
submitted to Congress by the Transportation Research Board of
the National Academy of Sciences under section 510(e).
``(iii) Personnel.--The Secretary may use funds made
available to carry out this subsection for administrative
costs under this subparagraph, which funds shall be used in
addition to any other funds made available for that purpose.
[[Page S473]]
``(iv) Fees.--
``(I) In general.--The Secretary may impose and collect
fees to recover costs associated with special data or
analysis requests relating to safety naturalistic driving
databases developed under the future of strategic highway
research program.
``(II) Use of fee amounts.--
``(aa) In general.--Any fees collected under this clause
shall be made available to the Secretary to carry out this
section and shall remain available for expenditure until
expended.
``(bb) Supplement, not supplant.--Any fee amounts collected
under this clause shall supplement, but not supplant, amounts
made available to the Secretary to carry out this title.
``(d) Air Quality and Congestion Mitigation Measure
Outcomes Assessment Research.--
``(1) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
carry out a research program to examine the outcomes of
actions funded under the congestion mitigation and air
quality improvement program since the enactment of the
SAFETEA-LU (Public Law 109-59).
``(2) Goals.--The goals of the program shall include--
``(A) the assessment and documentation, through outcomes
research conducted on a representative sample of cases, of--
``(i) the emission reductions achieved by federally
supported surface transportation actions intended to reduce
emissions or lessen traffic congestion; and
``(ii) the air quality and human health impacts of those
actions, including potential unrecognized or indirect
consequences, attributable to those actions;
``(B) an expanded base of empirical evidence on the air
quality and human health impacts of actions described in
paragraph (1); and
``(C) an increase in knowledge of--
``(i) the factors determining the air quality and human
health changes associated with transportation emission
reduction actions; and
``(ii) other information to more accurately understand the
validity of current estimation and modeling routines and ways
to improve those routines.
``(3) Administrative elements.--To carry out this
subsection, the Secretary shall--
``(A) make a grant for the coordination, selection,
management, and reporting of component studies to an
independent scientific research organization with the
necessary experience in successfully conducting
accountability and other studies on mobile source air
pollutants and associated health effects;
``(B) ensure that case studies are identified and conducted
by teams selected through a competitive solicitation overseen
by an independent committee of unbiased experts; and
``(C) ensure that all findings and reports are peer-
reviewed and published in a form that presents the findings
together with reviewer comments.
``(4) Report.--The Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives--
``(A) not later than 1 year after the date of enactment of
the MAP-21, and for the following year, a report providing an
initial scoping and plan, and status updates, respectively,
for the program under this subsection; and
``(B) not later than 2 years after the date of enactment of
the MAP-21, a final report that describes the findings of,
and recommendations resulting from, the program under this
subsection.
``(5) Funding.--Of the amounts made available to carry out
this section, the Secretary shall make available to carry out
this subsection not more than $1,000,000 for each fiscal
year.''.
(b) Conforming Amendment.--The analysis for chapter 5 of
title 23, United States Code, is amended by striking the item
relating to section 503 and inserting the following:
``503. Research and technology development and deployment.''.
SEC. 2204. TRAINING AND EDUCATION.
Section 504 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2)(A) by inserting ``and the employees of
any other applicable Federal agency'' before the semicolon at
the end;
(B) in paragraph (3)(A)(ii)(V) by striking ``expediting''
and inserting ``reducing the amount of time required for'';
(C) by striking paragraph (4);
(D) by redesignating paragraphs (5) through (8) as
paragraphs (4) through (7), respectively; and
(E) in paragraph (7) (as redesignated by subparagraph (D))
by striking ``paragraph (7)'' and inserting ``paragraph
(6)'';
(2) in subsection (b) by striking paragraph (3) and
inserting the following:
``(3) Federal share.--
``(A) Local technical assistance centers.--
``(i) In general.--Subject to subparagraph (B), the Federal
share of the cost of an activity carried out by a local
technical assistance center under paragraphs (1) and (2)
shall be 50 percent.
``(ii) Non-federal share.--The non-Federal share of the
cost of an activity described in clause (i) may consist of
amounts provided to a recipient under subsection (e) or
section 505, up to 100 percent of the non-Federal share.
``(B) Tribal technical assistance centers.--The Federal
share of the cost of an activity carried out by a tribal
technical assistance center under paragraph (2)(D)(ii) shall
be 100 percent.'';
(3) in subsection (c)(2)--
(A) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary'';
(B) in subparagraph (A) (as designated by subparagraph (A))
by striking ``. The program'' and inserting ``, which
program''; and
(C) by adding at the end the following:
``(B) Use of amounts.--Amounts provided to institutions of
higher education to carry out this paragraph shall be used to
provide direct support of student expenses.'';
(4) in subsection (e)(1)--
(A) in the matter preceding subparagraph (A) by striking
``sections 104(b)(1), 104(b)(2), 104(b)(3), 104(b)(4), and
144(e)'' and inserting ``paragraphs (1) through (4) of
section 104(b)'';
(B) in subparagraph (D) by striking ``and'' at the end;
(C) in subparagraph (E) by striking the period and
inserting a semicolon; and
(D) by adding at the end the following:
``(F) meetings of transportation professionals that include
education and professional development activities;
``(G) activities carried out by the National Highway
Institute under subsection (a); and
``(H) local technical assistance programs under subsection
(b).'';
(5) in subsection (f) in the heading, by striking
``PILOT'';
(6) in subsection (g)(4)(F) by striking ``excellence'' and
inserting ``stewardship''; and
(7) by adding at the end the following:
[``(h) Regional Surface Workforce Development Centers.--
``(1) In general.--The Secretary may make grants under this
section to nonprofit institutions of higher education to
establish and operate 5 regional workforce development
centers.
``(2) Use of amounts.--
``(A) In general.--Amounts made available under this
subsection shall be used by a recipient to identify, promote,
and advance programs and activities that provide for a
skilled, technically competent surface transportation
workforce, including--
``(i) programs carried out through elementary and secondary
schools;
``(ii) programs carried out through community colleges; and
``(iii) technical training and apprenticeship programs that
are carried out in coordination with labor organizations,
employers, and other relevant stakeholders.
``(B) Optional use.--Amounts made available under this
subsection may be used to support professional development
activities for inservice transportation workers.
``(3) Consultation.--In carrying out this subsection, each
regional workforce development center shall consult with
stakeholders in the education and transportation communities,
including organizations representing the interests of--
``(A) elementary and secondary schools;
``(B) institutions of higher education;
``(C) inservice transportation workers; and
``(D) transportation professionals.
``(i) Centers for Surface Transportation Excellence.--]
``(h) Centers for Surface Transportation Excellence.--
``(1) In general.--The Secretary may make grants under this
section to establish and maintain centers for surface
transportation excellence.
``(2) Goals.--The goals of a center referred to in
paragraph (1) shall be to promote and support strategic
national surface transportation programs and activities
relating to the work of State departments of transportation
in the areas of environment, surface transportation safety,
rural safety, and project finance.''.
SEC. 2205. STATE PLANNING AND RESEARCH.
Section 505 of title 23, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1) by striking
``section 104 (other than sections 104(f) and 104(h)) and
under section 144'' and inserting ``paragraphs (1) through
(5) of section 104(b)''; and
(B) in paragraph (3) by striking ``under section 303'' and
inserting ``, plans, and processes under sections 119, 148,
149, and 167'';
(2) in subsection (b)--
(A) in paragraph (1) by striking ``25'' and inserting
``24''; and
(B) in paragraph (2) by striking ``75 percent of the funds
described in paragraph (1)'' and inserting ``70 percent of
the funds described in subsection (a)'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(4) by inserting after subsection (b) the following:
``(c) Implementation of Future Strategic Highway Research
Program Findings and Results.--
``(1) Funds.--Not less[Not less] than 6 percent of the
funds subject to subsection (a) that are apportioned to a
State for a fiscal year shall be made available to the
Secretary to carry out section 503(c)(2)(C).
``(2) Treatment of funds.--Funds[Funds] expended under
paragraph (1) shall not be considered to be part of the
extramural budget of the agency for the purpose of section 9
of the Small Business Act (15 U.S.C. 638).''; and
(5) in paragraph (e) (as so redesignated) by striking
``section 118(b)(2)'' and inserting ``section 118(b)''.
SEC. 2206. INTERNATIONAL HIGHWAY TRANSPORTATION PROGRAM.
Section 506 of title 23, United States Code, is repealed.
[[Page S474]]
SEC. 2207. SURFACE TRANSPORTATION ENVIRONMENTAL COOPERATIVE
RESEARCH PROGRAM.
Section 507 of title 23, United States Code, is repealed.
SEC. 2208. NATIONAL COOPERATIVE FREIGHT RESEARCH.
Section 509(d) of title 23, United States Code, is amended
by adding at the end the following:
``(6) Coordination of cooperative research.--The National
Academy of Sciences shall coordinate research agendas,
research project selections, and competitions across all
transportation-related cooperative research programs carried
out by the National Academy of Sciences to ensure program
efficiency, effectiveness, and the dissemination of research
findings.''.
SEC. 2209. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.
(a) In General.--Section 5505 of title 49, United States
Code, is amended to read as follows:
``Sec. 5505. University transportation centers program
``(a) University Transportation Centers Program.--
``(1) Establishment and operation.--The Secretary shall
make grants under this section to eligible nonprofit
institutions of higher education to establish and operate
university transportation centers.
``(2) Role of centers.--The role of each university
transportation center referred to in paragraph (1) shall be--
``(A) to advance transportation expertise and technology in
the varied disciplines that comprise the field of
transportation through education, research, and technology
transfer activities;
``(B) to provide for a critical transportation knowledge
base outside of the Department of Transportation; and
``(C) to address critical workforce needs and educate the
next generation of transportation leaders.
``(b) Competitive Selection Process.--
``(1) Applications.--To receive a grant under this section,
a nonprofit institution of higher education shall submit to
the Secretary an application that is in such form and
contains such information as the Secretary may require.
``(2) General selection criteria.--
``(A) In general.--Except as otherwise provided by this
section, the Secretary shall award grants under this section
in nonexclusive candidate topic areas established by the
Secretary that address the research priorities identified in
section 503 of title 23.
``(B) Criteria.--The Secretary, in conjunction with the
Administrators of the Federal Highway Administration and the
Federal Transit Administration, shall select each recipient
of a grant under this section through a competitive process
based on the assessment of the Secretary relating to--
``(i) the demonstrated ability of the recipient to address
each specific topic area described in the research and
strategic plans of the recipient;
``(ii) the demonstrated research, technology transfer, and
education resources available to the recipient to carry out
this section;
``(iii) the ability of the recipient to provide leadership
in solving immediate and long-range national and regional
transportation problems;
``(iv) the ability of the recipient to carry out research,
education, and technology transfer activities that are
multimodal and multidisciplinary in scope;
``(v) the demonstrated commitment of the recipient to carry
out transportation workforce development programs through--
``(I) degree-granting programs;
``(II) training seminars for practicing professionals;
``(III) outreach activities to attract new entrants into
the transportation field, including women, minorities, and
persons from disadvantaged communities; and
``(IV) primary and secondary school transportation
workforce outreach;
``(vi) the demonstrated ability of the recipient to
disseminate results and spur the implementation of
transportation research and education programs through
national or statewide continuing education programs;
``(vii) the demonstrated commitment of the recipient to the
use of peer review principles and other research best
practices in the selection, management, and dissemination of
research projects;
``(viii) the strategic plan submitted by the recipient
describing the proposed research to be carried out by the
recipient and the performance metrics to be used in assessing
the performance of the recipient in meeting the stated
research, technology transfer, education, and outreach goals;
and
``(ix) the ability of the recipient to implement the
proposed program in a cost-efficient manner, such as through
cost sharing and overall reduced overhead, facilities, and
administrative costs.
``(c) Grants.--
``(1) In general.--Not later than 1 year after the date of
enactment of the MAP-21, the Secretary, in conjunction with
the Administrators of the Federal Highway Administration and
the Federal Transit Administration, shall select grant
recipients under subsection (b) and make grant amounts
available to the selected recipients.
``(2) Tier 1 university transportation centers.--
``(A) In general.--For each of fiscal years 2012 and 2013
and subject to subparagraph (B), the Secretary shall provide
grants to not more than 15 recipients that the Secretary
determines best meet the criteria described in subsection
(b)(2).
``(B) Restrictions.--
``(i) In general.--For each fiscal year, a grant made
available under this paragraph shall not exceed $3,500,000
per recipient.
``(ii) Focused research.--At least 2 of the recipients
awarded a grant under this paragraph shall have expertise in,
and focus research on, public transportation issues.
``(C) Matching requirement.--
``(i) In general.--As a condition of receiving a grant
under this paragraph, a grant recipient shall match 100
percent of the amounts made available under the grant.
``(ii) Sources.--The matching amounts referred to in clause
(i) may include amounts made available to the recipient
under--
``(I) section 504(b) or 505 of title 23; and
``(II) subject to prior approval by the Secretary, a
transportation-related grant from the National Science
Foundation.
``(3) Tier 2 university transportation centers.--
``(A) In general.--For each of fiscal years 2012 and 2013,
the Secretary shall provide grants of not more than
$2,000,000 each to not more than 20 recipients to carry out
this section.
``(B) Restriction.--A grant recipient under paragraph (2)
shall not be eligible to receive a grant under this
paragraph.
``(C) Matching requirement.--
``(i) In general.--As a condition of receiving a grant
under this paragraph, a grant recipient shall match 50
percent of the amounts made available under the grant.
``(ii) Sources.--The matching amounts referred to in clause
(i) may include amounts made available to the recipient
under--
``(I) section 504(b) or 505 of title 23; and
``(II) subject to prior approval by the Secretary, a
transportation-related grant from the National Science
Foundation.
``(D) Focused research.--In awarding grants under this
paragraph, consideration shall be given to minority
institutions, as defined by section 365(3) of the Higher
Education Act (20 U.S.C. Sec. 1067k), or consortia that
include such institutions that have demonstrated an ability
in transportation-related research [and for which the
requirements of subparagraph]. The requirements of subsection
(c)(3)(C) shall not apply upon demonstration of financial
hardship by the applicant institution.
``(d) Program Coordination.--
``(1) In general.--The Secretary shall--
``(A) coordinate the research, education, and technology
transfer activities carried out by grant recipients under
this section; and
``(B) disseminate the results of that research through the
establishment and operation of an information clearinghouse.
``(2) Annual review and evaluation.--Not less frequently
than annually, and consistent with the plan developed under
section 508 of title 23, the Secretary shall review and
evaluate the programs carried out under this section by grant
recipients.
``(3) Program evaluation and oversight.--For each of fiscal
years 2012 and 2013, the Secretary shall expend not more than
1\1/2\ percent of the amounts made available to the Secretary
to carry out this section for any coordination, evaluation,
and oversight activities of the Secretary under this section
and section 5506.
``(e) Limitation on Availability of Amounts.--Amounts made
available to the Secretary to carry out this section shall
remain available for obligation by the Secretary for a period
of 3 years after the last day of the fiscal year for which
the amounts are appropriated.
``(f) Information Collection.--Any survey, questionnaire,
or interview that the Secretary determines to be necessary to
carry out reporting requirements relating to any program
assessment or evaluation activity under this section,
including customer satisfaction assessments, shall not be
subject to chapter 35 of title 44.''.
(b) Conforming Amendment.--The analysis for chapter 55 of
title 49, United States Code, is amended by striking the item
relating to section 5505 and inserting the following:
``Sec. 5505. University transportation centers program.''.
SEC. 2210. BUREAU OF TRANSPORTATION STATISTICS.
(a) In General.--Subtitle III of title 49, United States
Code, is amended by adding at the end the following:
``CHAPTER 63--BUREAU OF TRANSPORTATION STATISTICS
``6301. [Establishment]Definitions.
``6302. [Director]Bureau of Transportation Statistics.
``6303. [Responsibilities]Intermodal transportation database.
``6304. National transportation library.
``6305. Advisory council on transportation statistics.
``6306. Transportation statistical collection, analysis, and
dissemination.
``6307. Furnishing of information, data, or reports by Federal
agencies.
[``6308. Prohibition on certain disclosures Proceeds of data product
sales.
``6309. Data access.]
``[6310]6308. Proceeds of data product sales.
``[6311]6309. Information collection.
``[6312]6310. National transportation atlas database.
``[6313]6311. Limitations on statutory construction.
[[Page S475]]
``[6314]6312. Research and development grants.
``[6315]6313. Transportation statistics annual report.
``[6316]6314. Mandatory response authority for freight data collection.
``Sec. 6301. Definitions.
``In this chapter, the following definitions apply:
``(1) Bureau.--The term `Bureau' means the Bureau of
Transportation Statistics established by section 6302(a).
``(2) Department.--The term `Department' means the
Department of Transportation.
``(3) Director.--The term `Director' means the Director of
the Bureau.
``(4) Library.--The term `Library' means the National
Transportation Library established by section 6304(a).
``(5) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``Sec. 6302. Bureau of Transportation Statistics.
``(a) Establishment.--There is established in the Research
and Innovative Technology Administration the Bureau of
Transportation Statistics.
``(b) Director.--
``(1) Appointment.--The Bureau shall be headed by a
Director, who shall be appointed in the competitive service
by the Secretary.
``(2) Qualifications.--The Director shall be appointed from
among individuals who are qualified to serve as the Director
by virtue of training and experience in the collection,
analysis, and use of transportation statistics.
``(3) Duties.--
``(A) In general.--The Director shall--
``(i) serve as the senior advisor to the Secretary on data
and statistics; and
``(ii) be responsible for carrying out the duties described
in subparagraph (B).
``(B) Duties.--The Director shall--
``(i) ensure that the statistics compiled under clause (vi)
are designed to support transportation decisionmaking by--
``(I) the Federal Government;
``(II) State and local governments;
``(III) metropolitan planning organizations;
``(IV) transportation-related associations;
``(V) the private sector, including the freight community;
and
``(VI) the public;
``(ii) establish on behalf of the Secretary a program--
``(I) to effectively integrate safety data across modes;
and
``(II) to address gaps in existing Department safety data
programs;
``(iii) work with the operating administrations of the
Department--
``(I) to establish and implement the data programs of the
Bureau; and
``(II) to improve the coordination of information
collection efforts with other Federal agencies;
``(iv) evaluate and update as necessary surveys and data
collection methods of the Department on a continual basis to
improve the accuracy and utility of transportation
statistics;
``(v) encourage the standardization of data, data
collection methods, and data management and storage
technologies for data collected by--
``(I) the Bureau;
``(II) the operating administrations of the Department;
``(III) State and local governments;
``(IV) metropolitan planning organizations; and
``(V) private sector entities;
``(vi) collect, compile, analyze, and publish a
comprehensive set of transportation statistics on the
performance and impacts of the national transportation
system, including statistics on--
``(I) transportation safety across all modes and
intermodally;
``(II) the state of good repair of United States
transportation infrastructure;
``(III) the extent, connectivity, and condition of the
transportation system, building on the national
transportation atlas database developed under section 6310;
``(IV) economic efficiency across the entire transportation
sector;
``(V) the effects of the transportation system on global
and domestic economic competitiveness;
``(VI) demographic, economic, and other variables
influencing travel behavior, including choice of
transportation mode and goods movement;
``(VII) transportation-related variables that influence the
domestic economy and global competitiveness;
``(VIII) economic costs and impacts for passenger travel
and freight movement;
``(IX) intermodal and multimodal passenger movement;
``(X) intermodal and multimodal freight movement; and
``(XI) consequences of transportation for the human and
natural environment;
``(vii) build and disseminate the transportation layer of
the National Spatial Data Infrastructure developed under
Executive Order 12906 (59 Fed. Reg. 17671) (or a successor
Executive Order), including by coordinating the development
of transportation geospatial data standards, compiling
intermodal geospatial data, and collecting geospatial data
that is not being collected by other entities;
``(viii) issue guidelines for the collection of information
by the Department that the Director determines necessary to
develop transportation statistics and carry out modeling,
economic assessment, and program assessment activities to
ensure that the information is accurate, reliable, relevant,
uniform, and in a form that permits systematic analysis by
the Department;
``(ix) review and report to the Secretary on the sources
and reliability of--
``(I) the statistics proposed by the heads of the operating
administrations of the Department to measure outputs and
outcomes as required under the Government Performance and
Results Act of 1993 (Public Law 103-62;107 Stat. 285); and
``(II) at the request of the Secretary, any other data
collected or statistical information published by the heads
of the operating administrations of the Department; and
``(x) ensure that the statistics published under this
section are readily accessible to the public.
``(c) Access to Federal Data.--In carrying out subsection
(b)(3)(B)(ii), the Director shall be given access to all
safety data that the Director determines necessary to carry
out that subsection that is held by the Department or any
other Federal agency.
``Sec. 6303. Intermodal transportation database
``(a) In General.--In consultation with the Under Secretary
Transportation for Policy, the Assistant Secretaries of the
Department, and the heads of the operating administrations of
the Department, the Director shall establish and maintain a
transportation database for all modes of transportation.
``(b) Use.--The database shall be suitable for analyses
carried out by the Federal Government, the States, and
metropolitan planning organizations.
``(c) Contents.--The database shall include--
``(1) information on the volumes and patterns of movement
of goods, including local, interregional, and international
movement, by all modes of transportation, intermodal
combination, and relevant classification;
``(2) information on the volumes and patterns of movement
of people, including local, interregional, and international
movements, by all modes of transportation (including bicycle
and pedestrian modes), intermodal combination, and relevant
classification;
``(3) information on the location and connectivity of
transportation facilities and services; and
``(4) a national accounting of expenditures and capital
stocks on each mode of transportation and intermodal
combination.
``Sec. 6304. National transportation library
``(a) Purpose and Establishment.--To support the
information management and decisionmaking needs of
transportation officials at the Federal, State, and local
levels, there is established in the Bureau of Transportation
Statistics a National Transportation Library that shall--
``(1) be headed by an individual who is highly qualified in
library and information science;
``(2) acquire, preserve, and manage transportation
information and information products and services for use by
the Department, other Federal agencies, and the general
public;
``(3) provide reference and research assistance;
``(4) serve as a central depository for research results
and technical publications of the Department;
``(5) provide a central clearinghouse for transportation
data and information of the Federal Government;
``(6) serve as coordinator and policy lead for
transportation information access;
``(7) provide transportation information and information
products and services to--
``(A) the Department;
``(B) other Federal agencies;
``(C) public and private organizations; and
``(D) individuals, within the United States as well as
internationally;
``(8) coordinate efforts among, and cooperate with,
transportation libraries, information providers, and
technical assistance centers, with the goal of developing a
comprehensive transportation information and knowledge
network that supports the activities described in section
6302(b)(3)(B); and
``(9) engage in such other activities as the Director
determines to be necessary and as the resources of the
Library permit.
``(b) Access.--The Director shall publicize, facilitate,
and promote access to the information products and services
described in subsection (a), with the goal of improving the
ability of the transportation community to share information
and the ability of the Director to make statistics and other
information readily accessible as required under section
6302(b)(3)(B)(x).
``(c) Agreements.--
``(1) In general.--To carry out this section, the Director
may enter into agreements with, provide grants to, and
receive amounts from, any--
``(A) State or local government;
``(B) organization;
``(C) business; or
``(D) individual.
``(2) Contracts, grants, and agreements.--The Library may
initiate and support specific information and data
management, access, and exchange activities relating to the
strategic goals of the Department, knowledge networking, and
national and international cooperation, by entering into
contracts or other agreements or providing grants.
``(3) Amounts.--Any amounts received by the Library as
payment for library products and services or other activities
shall be made available to the Director to carry out this
section and remain available until expended.
[[Page S476]]
``Sec. 6305. Advisory council on transportation statistics
``(a) In General.--The Director shall establish and consult
with an advisory council on transportation statistics.
``(b) Function.--The function of the advisory council
established under this subsection is to advise the Director
on--
``(1) the quality, reliability, consistency, objectivity,
and relevance of transportation statistics and analyses
collected, supported, or disseminated by the Bureau and the
Department; and
``(2) methods to encourage cooperation and interoperability
of transportation data collected by the Bureau, the operating
administrations of the Department, States, local governments,
metropolitan planning organizations, and private sector
entities.
``(c) Membership.--The advisory council shall be composed
of not fewer than 9 and not more than 11 members appointed by
the Director, who shall not be officers or employees of the
United States.
``(d) Terms of Appointment.--
``(1) In general.--Except as provided in paragraph (2),
members of the advisory council shall be appointed to
staggered terms not to exceed 3 years.
``(2) Additional terms.--A member may be renominated for 1
additional 3-year term.
``(3) Previous members.--A member serving on an advisory
council on transportation statistics on the day before the
date of enactment of the MAP-21 shall serve until the end of
the appointed term of the member.
``(e) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the advisory council established under this section, except
that section 14 of that Act shall not apply.
``Sec. 6306. Transportation statistical collection, analysis,
and dissemination
``To ensure that all transportation statistical collection,
analysis, and dissemination is carried out in a coordinated
manner, the Director may--
``(1) use the services, equipment, records, personnel,
information, and facilities of other Federal agencies, or
State, local, and private agencies and instrumentalities,
subject to the conditions that the applicable agency or
instrumentality consents to that use;
``(2) enter into agreements with the agencies and
instrumentalities described in paragraph (1) for purposes of
data collection and analysis;
``(3) confer and cooperate with foreign governments,
international organizations, and State, municipal, and other
local agencies;
``(4) request such information, data, and reports from any
Federal agency as the Director determines necessary to carry
out this chapter;
``(5) encourage replication, coordination, and sharing of
information among transportation agencies regarding
information systems, information policy, and data; and
``(6) confer and cooperate with Federal statistical
agencies as the Director determines necessary to carry out
this chapter, including by entering into cooperative data
sharing agreements in conformity with all laws and
regulations applicable to the disclosure and use of data.
``Sec. 6307. Furnishing of information, data, or reports by
Federal agencies
``(a) In General.--Except as provided in subsection (b), a
Federal agency requested to furnish information, data, or
reports by the Director under section 6302(b)(3)(B) shall
provide the information to the Director.
``(b) Prohibition on Certain Disclosures.--
``(1) In general.--An officer, employee, or contractor of
the Bureau may not--
``(A) make any disclosure in which the data provided by an
individual or organization under section 6302(b)(3)(B) can be
identified;
``(B) use the information provided under section
6302(b)(3)(B) for a nonstatistical purpose; or
``(C) permit anyone other than an individual authorized by
the Director to examine any individual report provided under
section 6302(b)(3)(B).
``(2) Copies of reports.--
``(A) In general.--No department, bureau, agency, officer,
or employee of the United States (except the Director in
carrying out this chapter) may require, for any reason, a
copy of any report that has been filed under section
6302(b)(3)(B) with the Bureau or retained by an individual
respondent.
``(B) Limitation on judicial proceedings.--A copy of a
report described in subparagraph (A) that has been retained
by an individual respondent or filed with the Bureau or any
of the employees, contractors, or agents of the Bureau--
``(i) shall be immune from legal process; and
``(ii) shall not, without the consent of the individual
concerned, be admitted as evidence or used for any purpose in
any action, suit, or other judicial or administrative
proceedings.
``(C) Applicability.--This paragraph shall apply only to
reports that permit information concerning an individual or
organization to be reasonably determined by direct or
indirect means.
``(3) Informing respondent of use of data.--If the Bureau
is authorized by statute to collect data or information for a
nonstatistical purpose, the Director shall clearly
distinguish the collection of the data or information, by
rule and on the collection instrument, in a manner that
informs the respondent who is requested or required to supply
the data or information of the nonstatistical purpose.
``(c) Transportation and Transportation-related Data
Access.--Except as expressly prohibited by law, the Director
shall have access to any transportation and transportation-
related information in the possession of any Federal agency.
``Sec. 6308. Proceeds of data product sales
``Notwithstanding section 3302 of title 31, amounts
received by the Bureau from the sale of data products for
necessary expenses incurred may be credited to the Highway
Trust Fund (other than the Mass Transit Account) for the
purpose of reimbursing the Bureau for those expenses.
``Sec. 6309. Information collection
``As the head of an independent Federal statistical agency,
the Director may consult directly with the Office of
Management and Budget concerning any survey, questionnaire,
or interview that the Director considers necessary to carry
out the statistical responsibilities of this chapter.
``Sec. 6310. National transportation atlas database
``(a) In General.--The Director shall develop and maintain
a national transportation atlas database that is comprised of
geospatial databases that depict--
``(1) transportation networks;
``(2) flows of people, goods, vehicles, and craft over the
transportation networks; and
``(3) social, economic, and environmental conditions that
affect or are affected by the transportation networks.
``(b) Intermodal Network Analysis.--The databases referred
to in subsection (a) shall be capable of supporting
intermodal network analysis.
``Sec. 6311. Limitations on statutory construction
``Nothing in this chapter--
``(1) authorizes the Bureau to require any other Federal
agency to collect data; or
``(2) alters or diminishes the authority of any other
officer of the Department to collect and disseminate data
independently.
``Sec. 6312. Research and development grants
``The Secretary may make grants to, or enter into
cooperative agreements or contracts with, public and
nonprofit private entities (including State transportation
departments, metropolitan planning organizations, and
institutions of higher education) for--
``(1) investigation of the subjects described in section
6302(b)(3)(B)(vi);
``(2) research and development of new methods of data
collection, standardization, management, integration,
dissemination, interpretation, and analysis;
``(3) demonstration programs by States, local governments,
and metropolitan planning organizations to coordinate data
collection, reporting, management, storage, and archiving to
simplify data comparisons across jurisdictions;
``(4) development of electronic clearinghouses of
transportation data and related information, as part of the
Library; and
``(5) development and improvement of methods for sharing
geographic data, in support of the database under section
6310 and the National Spatial Data Infrastructure developed
under Executive Order 12906 (59 Fed. Reg. 17671) (or a
successor Executive Order).
``Sec. 6313. Transportation statistics annual report
``The Director shall submit to the President and Congress a
transportation statistics annual report, which shall
include--
``(1) information on the progress of the Director in
carrying out the duties described in section 6302(b)(3)(B);
``(2) documentation of the methods used to obtain and
ensure the quality of the statistics presented in the report;
and
``(3) any recommendations of the Director for improving
transportation statistical information.
``Sec. 6314. Mandatory response authority for freight data
collection.
``[(a) In General.--An owner, official, agent, person]
``(a) Freight Data Collection.--
``(1) In general.--An owner, official, agent, person in
charge, or assistant to the person in charge of [any] a
freight corporation, company, business, institution,
establishment, or organization described in paragraph (2)
shall be fined in accordance with subsection (b) if that
individual neglects or refuses, when requested by the
Director or other authorized officer, employee, or contractor
of the Bureau to submit data under section 6302(b)(3)(B)--
[``(1) to answer completely and correctly to the]
``(A) to answer completely and correctly to the best
knowledge of that individual all questions relating to the
corporation, company, business, institution, establishment,
or other organization; or
[``(2) to make available records or statistics in]
``(B) to make available records or statistics in the
official custody of the individual.
``(2) Description of entities.--A freight corporation,
company, business, institution, establishment, or
organization referred to in paragraph (1) is a corporation,
company, business, institution, establishment, or
organization that--
``(A) receives Federal funds relating to the freight
program; and
``(B) has consented to be subject to a fine under this
subsection on--
[[Page S477]]
``(i) refusal to supply any data requested; or
``(ii) failure to respond to a written request.
``(b) Fines.--
``(1) In general.--Subject to paragraph (2), an individual
described in subsection (a) shall be fined not more than
$500.
``(2) Willful actions.--If an individual willfully gives a
false answer to a question described in subsection (a)(1),
the individual shall be fined not more than $10,000.''.
(b) Rules of Construction.--If the provisions of section
111 of title 49, United States Code, are transferred to
chapter 63 of that title, the following rules of construction
apply:
(1) For purposes of determining whether 1 provision of law
supersedes another based on enactment later in time, a
chapter 63 provision is deemed to have been enacted on the
date of enactment of the corresponding section 111 provision.
(2) A reference to a section 111 provision, including a
reference in a regulation, order, or other law, is deemed to
refer to the corresponding chapter 63 provision.
(3) A regulation, order, or other administrative action in
effect under a section 111 provision continues in effect
under the corresponding chapter 63 provision.
(4) An action taken or an offense committed under a section
111 provision is deemed to have been taken or committed under
the corresponding chapter 63 provision.
(c) Conforming Amendments.--
(1) Repeal.--Section 111 of title 49, United States Code,
is repealed, and the item relating to section 111 in the
analysis of chapter 1 of that title is deleted.
(2) Analysis of subtitle iii.--The analysis for subtitle
III of title 49, United States Code, is amended by inserting
after the items for chapter 61 the following:
``Chapter 63. Bureau of Transportation Statistics...............''.....
SEC. 2211. ADMINISTRATIVE AUTHORITY.
Section 112 of title 49, United States Code, is amended by
adding at the end the following:
``(f) Promotional Authority.--Amounts authorized to be
appropriated for the administration and operation of the
Research and Innovative Technology Administration may be used
to purchase promotional items of nominal value for use by the
Administrator of the Research and Innovative Technology
Administration in the recruitment of individuals and
promotion of the programs of the Administration.
``(g) Program Evaluation and Oversight.--For each of fiscal
years 2012 and 2013, the Administrator may expend not more
than 1\1/2\ percent of the amounts authorized to be
appropriated for the administration and operation of the
Research and Innovative Technology Administration to carry
out the coordination, evaluation, and oversight of the
programs administered by the Administration.
``(h) Collaborative Research and Development.--
``(1) In general.--To encourage innovative solutions to
multimodal transportation problems and stimulate the
deployment of new technology, the Administrator may carry
out, on a cost-shared basis, collaborative research and
development with--
``(A) non-Federal entities, including State and local
governments, foreign governments, institutions of higher
education, corporations, institutions, partnerships, sole
proprietorships, and trade associations that are incorporated
or established under the laws of any State;
``(B) Federal laboratories; and
``(C) other Federal agencies.
``(2) Cooperation, grants, contracts, and agreements.--
Notwithstanding any other provision of law, the Administrator
may directly initiate contracts, grants, cooperative research
and development agreements (as defined in section 12 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a)), and other agreements to fund, and accept funds from,
the Transportation Research Board of the National Research
Council of the National Academy of Sciences, State
departments of transportation, cities, counties, institutions
of higher education, associations, and the agents of those
entities to carry out joint transportation research and
technology efforts.
``(3) Federal share.--
``(A) In general.--Subject to subparagraph (B), the Federal
share of the cost of an activity carried out under paragraph
(2) shall not exceed 50 percent.
``(B) Exception.--If the Secretary determines that the
activity is of substantial public interest or benefit, the
Secretary may approve a greater Federal share.
``(C) Non-federal share.--All costs directly incurred by
the non-Federal partners, including personnel, travel,
facility, and hardware development costs, shall be credited
toward the non-Federal share of the cost of an activity
described in subparagraph (A).
``(4) Use of technology.--The research, development, or use
of a technology under a contract, grant, cooperative research
and development agreement, or other agreement entered into
under this subsection, including the terms under which the
technology may be licensed and the resulting royalties may be
distributed, shall be subject to the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
``(5) Waiver of advertising requirements.--Section 3709 of
the Revised Statutes (41 U.S.C. 5) shall not apply to a
contract, grant, or other agreement entered into under this
section.''.
SEC. 2212. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC
PLANNING.
Section 508(a)(2) of title 23, United States Code, is
amended by striking subparagraph (A) and inserting the
following:
``(A) describe the primary purposes of the transportation
research and development program, which shall include, at a
minimum--
``(i) promoting safety;
``(ii) reducing congestion and improving mobility;
``(iii) protecting and enhancing the environment;
``(iv) preserving the existing transportation system;
``(v) improving the durability and extending the life of
transportation infrastructure; and
``(vi) improving goods movement;''.
SEC. 2213. NATIONAL ELECTRONIC VEHICLE CORRIDORS AND
RECHARGING INFRASTRUCTURE NETWORK.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a
stakeholder-driven process to develop a plan and map of a
potential national network of electric vehicle corridors and
recharging infrastructure.
(b) Requirements.--The plan under subsection (a) shall--
(1) project the near- and long-term need for and location
of electric vehicle refueling infrastructure at strategic
locations across all major national highways, roads, and
corridors;
(2) identify infrastructure and standardization needs for
electricity providers, infrastructure providers, vehicle
manufacturers, and electricity purchasers; and
(3) establish an aspirational goal of achieving strategic
deployment of electric vehicle infrastructure by 2020.
(c) Stakeholders.--In developing the plan under subsection
(a), the Secretary shall involve, on a voluntary basis,
stakeholders that include--
(1) the heads of other Federal agencies;
(2) State and local officials;
(3) representatives of--
(A) energy utilities;
(B) the vehicles industry;
(C) the freight and shipping industry;
(D) clean technology firms;
(E) the hospitality industry;
(F) the restaurant industry; and
(G) highway rest stop vendors; and
(4) such other stakeholders as the Secretary determines to
be necessary.
Subtitle C--[Funding] Intelligent Transportation Systems Research
SEC. 2301. USE OF FUNDS FOR ITS ACTIVITIES.
Section 513 of title 23, United States Code, is amended to
read as follows:
``Sec. 513. Use of funds for ITS activities.
``(a) Definitions.--In this section, the following
definitions apply:
``(1) Eligible entity.--The term `eligible entity' means a
State or local government, tribal government, transit agency,
public toll authority, metropolitan planning organization,
other political subdivision of a State or local government,
or a multistate or multijurisdictional group applying through
a single lead applicant.
``(2) Multijurisdictional group.--The term
`multijurisdictional group' means a combination of State
governments, local governments, metropolitan planning
agencies, transit agencies, or other political subdivisions
of a State that--
``(A) have signed a written agreement to implement an
activity that meets the grant criteria under this section;
and
``(B) is comprised of at least 2 members, each of whom is
an eligible entity.
``(b) Purpose.--The purpose of this section is to develop,
administer, communicate, and promote the use of products of
research, technology, and technology transfer programs.
``(c) ITS Deployment Incentives.--
``(1) In general.--The Secretary may--
``(A) develop and implement incentives to accelerate
deployment of ITS technologies and services within all
funding programs authorized by the MAP-21; and
``(B) for each fiscal year, use amounts made available to
the Secretary to carry out intelligent transportation systems
outreach, including through the use of websites, public
relations, displays, tours, and brochures.
``(2) Comprehensive plan.--To carry out this section, the
Secretary shall develop a detailed and comprehensive plan
that addresses the manner in which incentives may be adopted
through the existing deployment activities carried out by
surface transportation modal administrations.
``(d) System Operations and ITS Deployment Grant Program.--
``(1) Establishment.--The Secretary shall establish a
competitive grant program to accelerate the deployment,
operation, systems management, intermodal integration, and
interoperability of the ITS program and ITS-enabled
operational strategies--
``(A) to measure and improve the performance of the surface
transportation system;
``(B) to reduce traffic congestion and the economic and
environmental impacts of traffic congestion;
``(C) to minimize fatalities and injuries;
``(D) to enhance mobility of people and goods;
``(E) to improve traveler information and services; and
``(F) to optimize existing roadway capacity.
``(2) Application.--To be considered for a grant under this
subsection, an eligible entity shall submit an application to
the Secretary that includes--
[[Page S478]]
``(A) a plan to deploy and provide for the long-term
operation and maintenance of intelligent transportation
systems to improve safety, efficiency, system performance,
and return on investment, such as--
``(i) real-time integrated traffic, transit, and multimodal
transportation information;
``(ii) advanced traffic, freight, parking, and incident
management systems;
``(iii) advanced technologies to improve transit and
commercial vehicle operations;
``(iv) synchronized, adaptive, and transit preferential
traffic signals;
``(v) advanced infrastructure condition assessment
technologies; and
``(vi) other technologies to improve system operations,
including ITS applications necessary for multimodal systems
integration and for achieving performance goals;
``(B) quantifiable system performance improvements,
including--
``(i) reductions in traffic-related crashes, congestion,
and costs;
``(ii) optimization of system efficiency; and
``(iii) improvement of access to transportation services;
``(C) quantifiable safety, mobility, and environmental
benefit projections, including data driven estimates of the
manner in which the project will improve the transportation
system efficiency and reduce traffic congestion in the
region;
``(D) a plan for partnering with the private sector,
including telecommunications industries and public service
utilities, public agencies (including multimodal and
multijurisdictional entities), research institutions,
organizations representing transportation and technology
leaders, and other transportation stakeholders;
``(E) a plan to leverage and optimize existing local and
regional ITS investments; and
``(F) a plan to ensure interoperability of deployed
technologies with other tolling, traffic management, and
intelligent transportation systems.
``(3) Selection.--
``(A) In general.--Not later than 1 year after the date of
enactment of the MAP-21, the Secretary may provide grants to
eligible entities under this section.
``(B) Geographic diversity.--In awarding a grant under this
section, the Secretary shall ensure, to the maximum extent
practicable, that grant recipients represent diverse
geographical areas of the United States, including urban,
suburban, and rural areas.
``(C) Non-federal share.--In awarding a grant under the
section, the Secretary shall give priority to grant
recipients that demonstrate an ability to contribute a
significant non-Federal share to the cost of carrying out the
project for which the grant is received.
``(4) Eligible uses.--Projects for which grants awarded
under this section may be used include--
``(A) the establishment and implementation of ITS and ITS-
enabled operations strategies that improve performance in the
areas of--
``(i) traffic operations;
``(ii) emergency response to surface transportation
incidents;
``(iii) incident management;
``(iv) transit and commercial vehicle operations
improvements;
``(v) weather event response management by State and local
authorities;
``(vi) surface transportation network and facility
management;
``(vii) construction and work zone management;
``(viii) traffic flow information;
``(ix) freight management; and
``(x) congestion management;
``(B) carrying out activities that support the creation of
networks that link metropolitan and rural surface
transportation systems into an integrated data network,
capable of collecting, sharing, and archiving transportation
system traffic condition and performance information;
``(C) the implementation of intelligent transportation
systems and technologies that improve highway safety through
information and communications systems linking vehicles,
infrastructure, mobile devices, transportation users, and
emergency responders;
``(D) the provision of services necessary to ensure the
efficient operation and management of ITS infrastructure,
including costs associated with communications, utilities,
rent, hardware, software, labor, administrative costs,
training, and technical services;
``(E) the provision of support for the establishment and
maintenance of institutional relationships between
transportation agencies, police, emergency medical services,
private emergency operators, freight operators, shippers,
[and public service utilities] public service utilities, and
telecommunications providers;
``(F) carrying out multimodal and crossjurisdictional
planning and deployment of regional transportation systems
operations and management approaches; and
``(G) performing project evaluations to determine the
costs, benefits, lessons learned, and future deployment
strategies associated with the deployment of intelligent
transportation systems.
``(5) Report to secretary.--For each fiscal year that an
eligible entity receives a grant under this section, not
later than 1 year after receiving that grant, each recipient
shall submit a report to the Secretary that describes how the
project has met the expectations projected in the deployment
plan submitted with the application, including--
``(A) data on how the program has helped reduce traffic
crashes, congestion, costs, and other benefits of the
deployed systems;
``(B) data on the effect of measuring and improving
transportation system performance through the deployment of
advanced technologies;
``(C) the effectiveness of providing real-time integrated
traffic, transit, and multimodal transportation information
to the public that allows the public to make informed travel
decisions; and
``(D) lessons learned and recommendations for future
deployment strategies to optimize transportation efficiency
and multimodal system performance.
``(6) Report to congress.--Not later than 2 years after
date on which the first grant is awarded under this section
and annually thereafter for each fiscal year for which grants
are awarded under this section, the Secretary shall submit to
Congress a report that describes the effectiveness of the
grant recipients in meeting the projected deployment plan
goals, including data on how the grant program has--
``(A) reduced traffic-related fatalities and injuries;
``(B) reduced traffic congestion and improved travel time
reliability;
``(C) reduced transportation-related emissions;
``(D) optimized multimodal system performance;
``(E) improved access to transportation alternatives;
``(F) provided the public with access to real-time
integrated traffic, transit, and multimodal transportation
information to make informed travel decisions;
``(G) provided cost savings to transportation agencies,
businesses, and the traveling public; and
``(H) provided other benefits to transportation users and
the general public.
``(7) Additional grants.--If the Secretary determines,
based on a report submitted under paragraph (5), that a grant
recipient is not complying with the established grant
criteria, the Secretary may--
``(A) cease payment to the recipient of any remaining grant
amounts; and
``(B) redistribute any remaining amounts to other eligible
entities under this section.
``(8) Non-federal share.--The Federal share of a grant
under this section shall not exceed 50 percent of the cost of
the project.
``(9) Grant limitation.--The Secretary may not award more
than 10 percent of the amounts provided under this section to
a single grant recipient in any fiscal year.
``(10) Multiyear grants.--Subject to availability of
amounts, the Secretary may provide an eligible entity with
grant amounts for a period of multiple fiscal years.
``(11) Funding.--Of the funds authorized to be appropriated
to carry out the intelligent transportation system program
under sections 512 through 518, not less than 50 percent of
such funds shall be used to carry out this subsection.''.
SEC. 2302. GOALS AND PURPOSES.
(a) In General.--Chapter 5 of title 23, United States Code,
is amended by adding after section 513 the following:
``Sec. 514. Goals and purposes
``(a) Goals.--The goals of the intelligent transportation
system program include--
``(1) enhancement of surface transportation efficiency and
facilitation of intermodalism and international trade to
enable existing facilities to meet a significant portion of
future transportation needs, including public access to
employment, goods, and services and to reduce regulatory,
financial, and other transaction costs to public agencies and
system users;
``(2) achievement of national transportation safety goals,
including enhancement of safe operation of motor vehicles and
nonmotorized vehicles and improved emergency response to
collisions, with particular emphasis on decreasing the number
and severity of collisions;
``(3) protection and enhancement of the natural environment
and communities affected by surface transportation, with
particular emphasis on assisting State and local governments
to achieve national environmental goals;
``(4) accommodation of the needs of all users of surface
transportation systems, including operators of commercial
motor vehicles, passenger motor vehicles, motorcycles,
bicycles, and pedestrians (including individuals with
disabilities); and
``(5) enhancement of national defense mobility and
improvement of the ability of the United States to respond to
security-related or other manmade emergencies and natural
disasters.
``(b) Purposes.--The Secretary shall implement activities
under the intelligent transportation system program, at a
minimum--
``(1) to expedite, in both metropolitan and rural areas,
deployment and integration of intelligent transportation
systems for consumers of passenger and freight
transportation;
``(2) to ensure that Federal, State, and local
transportation officials have adequate knowledge of
intelligent transportation systems for consideration in the
transportation planning process;
``(3) to improve regional cooperation and operations
planning for effective intelligent transportation system
deployment;
``(4) to promote the innovative use of private resources in
support of intelligent transportation system development;
[[Page S479]]
``(5) to facilitate, in cooperation with the motor vehicle
industry, the introduction of vehicle-based safety enhancing
systems;
``(6) to support the application of intelligent
transportation systems that increase the safety and
efficiency of commercial motor vehicle operations;
``(7) to develop a workforce capable of developing,
operating, and maintaining intelligent transportation
systems;
``(8) to provide continuing support for operations and
maintenance of intelligent transportation systems; and
``(9) to ensure a systems approach that includes
cooperation among vehicles, infrastructure, and users.''.
(b) Conforming Amendment.--The analysis for chapter 5 of
title 23, United States Code, is amended by adding after the
item relating to section 513 the following:
``514. Goals and purposes.''.
SEC. 2303. GENERAL AUTHORITIES AND REQUIREMENTS.
(a) In General.--Chapter 5 of title 23, United States Code,
is amended by adding after section 514 (as added by section
2302) the following:
``Sec. 515. General authorities and requirements
``(a) Scope.--Subject to the provisions of this chapter,
the Secretary shall conduct an ongoing intelligent
transportation system program--
``(1) to research, develop, and operationally test
intelligent transportation systems; and
``(2) to provide technical assistance in the nationwide
application of those systems as a component of the surface
transportation systems of the United States.
``(b) Policy.--Intelligent transportation system research
projects and operational tests funded pursuant to this
chapter shall encourage and not displace public-private
partnerships or private sector investment in those tests and
projects.
``(c) Cooperation With Governmental, Private, and
Educational Entities.--The Secretary shall carry out the
intelligent transportation system program in cooperation with
State and local governments and other public entities, the
private sector firms of the United States, the Federal
laboratories, and institutions of higher education, including
historically Black colleges and universities and other
minority institutions of higher education.
``(d) Consultation With Federal Officials.--In carrying out
the intelligent transportation system program, the Secretary
shall consult with the heads of other Federal agencies, as
appropriate.
``(e) Technical Assistance, Training, and Information.--The
Secretary may provide technical assistance, training, and
information to State and local governments seeking to
implement, operate, maintain, or evaluate intelligent
transportation system technologies and services.
``(f) Transportation Planning.--The Secretary may provide
funding to support adequate consideration of transportation
systems management and operations, including intelligent
transportation systems, within metropolitan and statewide
transportation planning processes.
``(g) Information Clearinghouse.--
``(1) In general.--The Secretary shall--
``(A) maintain a repository for technical and safety data
collected as a result of federally sponsored projects carried
out under this chapter; and
``(B) make, on request, that information (except for
proprietary information and data) readily available to all
users of the repository at an appropriate cost.
``(2) Agreement.--
``(A) In general.--The Secretary may enter into an
agreement with a third party for the maintenance of the
repository for technical and safety data under paragraph
(1)(A).
``(B) Federal financial assistance.--If the Secretary
enters into an agreement with an entity for the maintenance
of the repository, the entity shall be eligible for Federal
financial assistance under this section.
``(3) Availability of information.--Information in the
repository shall not be subject to sections 552 and 555 of
title 5, United States Code.
``(h) Advisory Committee.--
``(1) In general.--The Secretary shall establish an
Advisory Committee to advise the Secretary on carrying out
this chapter.
``(2) Membership.--The Advisory Committee shall have no
more than 20 members, be balanced between metropolitan and
rural interests, and include, at a minimum--
``(A) a representative from a State highway department;
``(B) a representative from a local highway department who
is not from a metropolitan planning organization;
``(C) a representative from a State, local, or regional
transit agency;
``(D) a representative from a metropolitan planning
organization;
``(E) a private sector user of intelligent transportation
system technologies;
``(F) an academic researcher with expertise in computer
science or another information science field related to
intelligent transportation systems, and who is not an expert
on transportation issues;
``(G) an academic researcher who is a civil engineer;
``(H) an academic researcher who is a social scientist with
expertise in transportation issues;
``(I) a representative from a nonprofit group representing
the intelligent transportation system industry;
``(J) a representative from a public interest group
concerned with safety;
``(K) a representative from a public interest group
concerned with the impact of the transportation system on
land use and residential patterns; and
``(L) members with expertise in planning, safety,
telecommunications, utilities, and operations.
``(3) Duties.--The Advisory Committee shall, at a minimum,
perform the following duties:
``(A) Provide input into the development of the intelligent
transportation system aspects of the strategic plan under
section 508.
``(B) Review, at least annually, areas of intelligent
transportation systems research being considered for funding
by the Department, to determine--
``(i) whether these activities are likely to advance either
the state-of-the-practice or state-of-the-art in intelligent
transportation systems;
``(ii) whether the intelligent transportation system
technologies are likely to be deployed by users, and if not,
to determine the barriers to deployment; and
``(iii) the appropriate roles for government and the
private sector in investing in the research and technologies
being considered.
``(4) Report.--Not later than February 1 of each year after
the date of enactment of the MAP-21, the Secretary shall
submit to Congress a report that includes--
``(A) all recommendations made by the Advisory Committee
during the preceding calendar year;
``(B) an explanation of the manner in which the Secretary
has implemented those recommendations; and
``(C) for recommendations not implemented, the reasons for
rejecting the recommendations.
``(5) Applicability of federal advisory committee act.--The
Advisory Committee shall be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
``(i) Reporting.--
``(1) Guidelines and requirements.--
``(A) In general.--The Secretary shall issue guidelines and
requirements for the reporting and evaluation of operational
tests and deployment projects carried out under this chapter.
``(B) Objectivity and independence.--The guidelines and
requirements issued under subparagraph (A) shall include
provisions to ensure the objectivity and independence of the
reporting entity so as to avoid any real or apparent conflict
of interest or potential influence on the outcome by parties
to any such test or deployment project or by any other formal
evaluation carried out under this chapter.
``(C) Funding.--The guidelines and requirements issued
under subparagraph (A) shall establish reporting funding
levels based on the size and scope of each test or project
that ensure adequate reporting of the results of the test or
project.
``(2) Special rule.--Any survey, questionnaire, or
interview that the Secretary considers necessary to carry out
the reporting of any test, deployment project, or program
assessment activity under this chapter shall not be subject
to chapter 35 of title 44, United States Code.''.
(b) Conforming Amendment.--The analysis for chapter 5 of
title 23, United States Code, is amended by adding after the
item relating to section 514 (as added by section 2302) the
following:
``515. General authorities and requirements.''.
SEC. 2304. RESEARCH AND DEVELOPMENT.
(a) In General.--Chapter 5 of title 23, United States Code,
is amended by adding after section 515 (as added by section
2303) the following:
``Sec. 516. Research and development
``(a) In General.--The Secretary shall carry out a
comprehensive program of intelligent transportation system
research and development, and operational tests of
intelligent vehicles, intelligent infrastructure systems, and
other similar activities that are necessary to carry out this
chapter.
``(b) Priority Areas.--Under the program, the Secretary
shall give higher priority to funding projects that--
``(1) enhance mobility and productivity through improved
traffic management, incident management, transit management,
freight management, road weather management, toll collection,
traveler information, or highway operations systems and
remote sensing products;
``(2) use interdisciplinary approaches to develop traffic
management strategies and tools to address multiple impacts
of congestion concurrently;
``(3) address traffic management, incident management,
transit management, toll collection traveler information, or
highway operations systems;
``(4) incorporate research on the impact of environmental,
weather, and natural conditions on intelligent transportation
systems, including the effects of cold climates;
``(5) enhance intermodal use of intelligent transportation
systems for diverse groups, including for emergency and
health-related services;
``(6) enhance safety through improved crash avoidance and
protection, crash and other notification, commercial motor
vehicle operations, and infrastructure-based or cooperative
safety systems; or
``(7) facilitate the integration of intelligent
infrastructure, vehicle, and control technologies.
[[Page S480]]
``(c) Federal Share.--The Federal share payable on account
of any project or activity carried out under subsection (a)
shall not exceed 80 percent.''.
(b) Conforming Amendment.--The analysis for chapter 5 of
title 23, United States Code, is amended by adding after the
item relating to section 515 (as added by section 2304) the
following:
``516. Research and development.''.
SEC. 2305. NATIONAL ARCHITECTURE AND STANDARDS.
(a) In General.--Chapter 5 of title 23, United States Code,
is amended by adding after section 516 (as added by section
2304) the following:
``Sec. 517. National architecture and standards.
``(a) In General.--
``(1) Development, implementation, and maintenance.--In
accordance with section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; 110
Stat. 783; 115 Stat. 1241), the Secretary shall develop and
maintain a national ITS architecture and supporting ITS
standards and protocols to promote the use of systems
engineering methods in the widespread deployment and
evaluation of intelligent transportation systems as a
component of the surface transportation systems of the United
States.
``(2) Interoperability and efficiency.--To the maximum
extent practicable, the national ITS architecture and
supporting ITS standards and protocols shall promote
interoperability among, and efficiency of, intelligent
transportation systems and technologies implemented
throughout the United States.
``(3) Use of standards development organizations.--In
carrying out this section, the Secretary shall support the
development and maintenance of standards and protocols using
the services of such standards development organizations as
the Secretary determines to be necessary and whose
memberships are comprised of, and represent, the surface
transportation and intelligent transportation systems
industries.
``(b) Standards for National Policy Implementation.--If the
Secretary finds that a standard is necessary for
implementation of a nationwide policy relating to user fee
collection or other capability requiring nationwide
uniformity, the Secretary, after consultation with
stakeholders, may establish and require the use of that
standard.
``(c) Provisional Standards.--
``(1) In general.--If the Secretary finds that the
development or balloting of an intelligent transportation
system standard jeopardizes the timely achievement of the
objectives described in subsection (a), the Secretary may
establish a provisional standard, after consultation with
affected parties, using, to the maximum extent practicable,
the work product of appropriate standards development
organizations.
``(2) Period of effectiveness.--A provisional standard
established under paragraph (1) shall be published in the
Federal Register and remain in effect until the appropriate
standards development organization adopts and publishes a
standard.
``(d) Conformity With National Architecture.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall ensure that intelligent transportation system
projects carried out using amounts made available from the
Highway Trust Fund, including amounts made available to
deploy intelligent transportation systems, conform to the
appropriate regional ITS architecture, applicable standards,
and protocols developed under subsection (a) or (c).
``(2) Discretion of the secretary.--The Secretary, at the
discretion of the Secretary, may offer an exemption from
paragraph (1) for projects designed to achieve specific
research objectives outlined in the national intelligent
transportation system program plan or the surface
transportation research and development strategic plan
developed under section 508.''.
(b) Conforming Amendment.--The analysis for chapter 5 of
title 23, United States Code, is amended by adding after the
item relating to section 516 (as added by section 2304) the
following:
``517. National architecture and standards.''.
SEC. 2306. 5.9 GHZ VEHICLE-TO-VEHICLE AND VEHICLE-TO-
INFRASTRUCTURE COMMUNICATIONS SYSTEMS
DEPLOYMENT.
(a) In General.--Chapter 5 of title 23, United States Code,
is amended by adding after section 517 (as added by section
2305) the following:
``Sec. 518. 5.9 GHz vehicle-to-vehicle and vehicle-to-
infrastructure communications systems deployment
``(a) In General.--Not later than 3 years after the date of
enactment of this section, the Secretary shall submit to the
appropriate committees of Congress a report that--
``(1) describes a recommended implementation path for
dedicated short-range communications technology and
applications; and
``(2) includes guidance on the relationship of the proposed
deployment of dedicated short-range communications to the
National ITS Architecture and ITS Standards.
``(b) National Research Council Review.--The Secretary
shall enter into an agreement with the National Research
Council for the review by the National Research Council of
the report described in subsection (a).''.
(b) Conforming Amendment.--The analysis of chapter 5 of
title 23, United States Code, is amended by adding after
section 517 (as added by section 2305) the following:
``518. 5.9 GHz vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment.''.
TITLE III--AMERICA FAST FORWARD FINANCING INNOVATION
SEC. 3001. SHORT TITLE.
This title may be cited as the ``America Fast Forward
Financing Innovation Act of 2011''.
SEC. 3002. TRANSPORTATION INFRASTRUCTURE FINANCE AND
INNOVATION ACT AMENDMENTS.
Sections 601 through 609 of title 23, United States Code,
are amended to read as follows:
``Sec. 601. Generally applicable provisions
``(a) Definitions.--In this chapter, the following
definitions apply:
``(1) Eligible project costs.--The term `eligible project
costs' means amounts substantially all of which are paid by,
or for the account of, an obligor in connection with a
project, including the cost of--
``(A) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, permitting, preliminary engineering and design work,
and other preconstruction activities;
``(B) construction, reconstruction, rehabilitation,
replacement, and acquisition of real property (including land
relating to the project and improvements to land),
environmental mitigation, construction contingencies, and
acquisition of equipment; and
``(C) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during
construction.
``(2) Federal credit instrument.--The term `Federal credit
instrument' means a secured loan, loan guarantee, or line of
credit authorized to be made available under this chapter
with respect to a project.
``(3) Investment-grade rating.--The term `investment-grade
rating' means a rating of BBB minus, Baa3, bbb minus, BBB
(low), or higher assigned by a rating agency to project
obligations.
``(4) Lender.--The term `lender' means any non-Federal
qualified institutional buyer (as defined in section
230.144A(a) of title 17, Code of Federal Regulations (or any
successor regulation), known as Rule 144A(a) of the
Securities and Exchange Commission and issued under the
Securities Act of 1933 (15 U.S.C. 77a et seq.)), including--
``(A) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986) that is a
qualified institutional buyer; and
``(B) a governmental plan (as defined in section 414(d) of
the Internal Revenue Code of 1986) that is a qualified
institutional buyer.
``(5) Letter of interest.--The term `letter of interest'
means a letter submitted by a potential applicant prior to an
application for credit assistance in a format prescribed by
the Secretary on the website of the TIFIA program, which--
``(A) describes the project and the location, purpose, and
cost of the project;
``(B) outlines the proposed financial plan, including the
requested credit assistance and the proposed obligor;
``(C) provides a status of environmental review; and
``(D) provides information regarding satisfaction of other
eligibility requirements of the TIFIA program.
``(6) Line of credit.--The term `` `line of credit' ''
means an agreement entered into by the Secretary with an
obligor under section 604 to provide a direct loan at a
future date upon the occurrence of certain events.
``(7) Limited buydown.--The term `limited buydown' means,
subject to the conditions described in section 603(b)(4)(C),
a buydown of the interest rate by the Secretary and by the
obligor if the interest rate has increased between--
``(A)(i) the date on which a project application acceptable
to the Secretary is submitted; or
``(ii) the date on which the Secretary entered into a
master credit agreement; and
``(B) the date on which the Secretary executes the Federal
credit instrument.
``(8) Loan guarantee.--The term `loan guarantee' means any
guarantee or other pledge by the Secretary to pay all or part
of the principal of and interest on a loan or other debt
obligation issued by an obligor and funded by a lender.
``(9) Master credit agreement.--The term `master credit
agreement' means an agreement to extend credit assistance for
a program of projects secured by a common security pledge
(which shall receive an investment grade rating from a rating
agency), or for a single project covered under section
602(b)(2) that would--
``(A) make contingent commitments of 1 or more secured
loans or other Federal credit instruments at future dates,
subject to the availability of future funds being made
available to carry out this chapter;
``(B) establish the maximum amounts and general terms and
conditions of the secured loans or other Federal credit
instruments;
``(C) identify the 1 or more dedicated non-Federal revenue
sources that will secure the repayment of the secured loans
or secured Federal credit instruments;
``(D) provide for the obligation of funds for the secured
loans or secured Federal credit instruments after all
requirements have been met for the projects subject to the
master credit agreement, including--
[[Page S481]]
``(i) completion of an environmental impact statement or
similar analysis required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); [and]
``(ii) compliance with such other requirements as are
specified in section 602(c); and
``(iii) the availibility of funds to carry out this
chapter; and
``(E) require that contingent commitments result in a
financial close and obligation of credit assistance not later
than 3 years after the date of entry into the master credit
agreement, or release of the commitment, unless otherwise
extended by the Secretary.
``(10) Obligor.--The term `obligor' means a party that--
``(A) is primarily liable for payment of the principal of
or interest on a Federal credit instrument; and
``(B) may be a corporation, partnership, joint venture,
trust, or governmental entity, agency, or instrumentality.
``(11) Project.--The term `project' means--
``(A) any surface transportation project eligible for
Federal assistance under this title or chapter 53 of title
49;
``(B) a project for an international bridge or tunnel for
which an international entity authorized under Federal or
State law is responsible;
``(C) a project for intercity passenger bus or rail
facilities and vehicles, including facilities and vehicles
owned by the National Railroad Passenger Corporation and
components of magnetic levitation transportation systems; and
``(D) a project that--
``(i) is a project--
``(I) for a public freight rail facility or a private
facility providing public benefit for highway users by way of
direct freight interchange between highway and rail carriers;
``(II) for an intermodal freight transfer facility;
``(III) for a means of access to a facility described in
subclause (I) or (II);
``(IV) for a service improvement for a facility described
in subclause (I) or (II) (including a capital investment for
an intelligent transportation system); or
``(V) that comprises a series of projects described in
subclauses (I) through (IV) with the common objective of
improving the flow of goods;
``(ii) may involve the combining of private and public
sector funds, including investment of public funds in private
sector facility improvements;
``(iii) if located within the boundaries of a port
terminal, includes only such surface transportation
infrastructure modifications as are necessary to facilitate
direct intermodal interchange, transfer, and access into and
out of the port; and
``(iv) is composed of related highway, surface
transportation, transit, rail, or intermodal capital
improvement projects eligible for assistance under this
subsection in order to meet the eligible project cost
threshold under section 602, by grouping related projects
together for that purpose, on the condition that the credit
assistance for the projects is secured by a common pledge.
``(12) Project obligation.--The term `project obligation'
means any note, bond, debenture, or other debt obligation
issued by an obligor in connection with the financing of a
project, other than a Federal credit instrument.
``(13) Rating agency.--The term `rating agency' means a
credit rating agency registered with the Securities and
Exchange Commission as a nationally recognized statistical
rating organization (as that term is defined in section 3(a)
of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
``(14) Rural infrastructure project.--The term `rural
infrastructure project' means a surface transportation
infrastructure project located in any area other than an
urbanized area that has a population of greater than 200,000
inhabitants.
``(15) Secured loan.--The term `secured loan' means a
direct loan or other debt obligation issued by an obligor and
funded by the Secretary in connection with the financing of a
project under section 603.
``(16) State.--The term `State' has the meaning given the
term in section 101.
``(17) Subsidy amount.--The term `subsidy amount' means the
amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument, calculated on a net present value basis,
excluding administrative costs and any incidental effects on
governmental receipts or outlays in accordance with the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
``(18) Substantial completion.--The term `substantial
completion' means--
``(A) the opening of a project to vehicular or passenger
traffic; or
``(B) a comparable event, as determined by the Secretary
and specified in the credit agreement.
``(19) TIFIA program.--The term `TIFIA program' means the
transportation infrastructure finance and innovation program
of the Department.
``(20) Contingent commitment.--The term `contingent
commitment' means a commitment to obligate an amount from
future available budget authority that is--
``(A) contingent upon those funds being made available in
law at a future date; and
``(B) not an obligation of the Federal Government.
``(b) Treatment of Chapter.--For purposes of this title,
this chapter shall be treated as being part of chapter 1.
``Sec. 602. Determination of eligibility and project
selection
``(a) Eligibility.--A project shall be eligible to receive
credit assistance under this chapter if the entity proposing
to carry out the project submits a letter of interest prior
to submission of a formal application for the project, and
the project meets the following criteria:
``(1) Creditworthiness.--
``(A) In general.--The project shall satisfy applicable
creditworthiness standards, which, at a minimum, includes--
``(i) a rate covenant, if applicable;
``(ii) adequate coverage requirements to ensure repayment;
``(iii) an investment grade rating from at least 2 rating
agencies on debt senior to the Federal credit instrument; and
``(iv) a rating from at least 2 rating agencies on the
Federal credit instrument, subject to the condition that,
with respect to [clauses (ii) and] clause (iii), if the
senior debt and Federal credit instrument is for an amount
less than $75,000,000 or for a rural infrastructure project
or intelligent transportation systems project, 1 rating
agency opinion for each of the senior debt and Federal credit
instrument shall be sufficient.
``(B) Senior debt.--Notwithstanding subparagraph (A), in a
case in which the Federal credit instrument is the senior
debt, the Federal credit instrument shall be required to
receive an investment grade rating from at least 2 rating
agencies, unless the credit instrument is for a rural
infrastructure project or intelligent transportation systems
project, in which case 1 rating agency opinion shall be
sufficient.
``(2) Inclusion in transportation plans and programs.--The
project shall satisfy the applicable planning and programming
requirements of sections 134 and 135 at such time as an
agreement to make available a Federal credit instrument is
entered into under this chapter.
``(3) Application.--A State, local government, public
authority, public-private partnership, or any other legal
entity undertaking the project and authorized by the
Secretary, shall submit a project application acceptable to
the Secretary.
``(4) Eligible project costs.--
``(A) In general.--Except as provided in subparagraph (B),
to be eligible for assistance under this chapter, a project
shall have eligible project costs that are reasonably
anticipated to equal or exceed the lesser of--
``(i)(I) $50,000,000; or
``(II) in the case of a rural infrastructure project,
$25,000,000; or
``(ii) 33\1/3\ percent of the amount of Federal highway
assistance funds apportioned for the most recently completed
fiscal year to the State in which the project is located.
``(B) Intelligent transportation system projects.--In the
case of a project principally involving the installation of
an intelligent transportation system, eligible project costs
shall be reasonably anticipated to equal or exceed
$15,000,000.
``(5) Dedicated revenue sources.--The Federal credit
instrument shall be repayable, in whole or in part, from
tolls, user fees, or other dedicated revenue sources that
also secure the project obligations.
``(6) Public sponsorship of private entities.--In the case
of a project that is undertaken by an entity that is not a
State or local government or an agency or instrumentality of
a State or local government, the project that the entity is
undertaking shall be publicly sponsored as provided in
paragraph (2).
``(b) Selection Among Eligible Projects.--
``(1) Establishment.--The Secretary shall establish a
rolling application process in which projects that are
eligible to receive credit assistance under subsection (a)
shall receive credit assistance on terms acceptable to the
Secretary, if adequate funds are available to cover the
subsidy costs associated with the Federal credit instrument.
``(2) Adequate funding not available.--
[``(A) In general.--If the Secretary fully obligates
funding to eligible projects in a given fiscal year, and
adequate funding is not available to fund a credit
instrument, a project sponsor of an eligible project may
elect to enter into a master credit agreement and wait until
the following fiscal year or until additional funds are
available to receive credit assistance[, or pay its own
credit subsidy to permit an obligation.
``(B) Use of funds.--A project sponsor may use non-Federal
funds or any eligible funds apportioned under chapter 1 of
this title or chapter 53 of title 49 to pay a credit subsidy
described in subparagraph (A).]
``(3) Preliminary rating opinion letter.--The Secretary
shall require each project applicant to provide a preliminary
rating opinion letter from at least 1 rating agency--
``(A) indicating that the senior obligations of the
project, which may be the Federal credit instrument, have the
potential to achieve an investment-grade rating; and
``(B) including a preliminary rating opinion on the Federal
credit instrument.
``(c) Federal Requirements.--
``(1) In general.--In addition to the requirements of this
title for highway projects, chapter 53 of title 49 for
transit projects, and section 5333(a) of title 49 for rail
projects, the following provisions of law shall apply to
funds made available under this chapter and projects assisted
with the funds:
``(A) Title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.).
``(B) The National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
[[Page S482]]
``(C) The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).
``(2) NEPA.--No funding shall be obligated for a project
that has not received an environmental Categorical Exclusion,
Finding of No Significant Impact, or Record of Decision under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
``Sec. 603. Secured loans
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2) through (4),
the Secretary may enter into agreements with 1 or more
obligors to make secured loans, the proceeds of which shall
be used--
``(A) to finance eligible project costs of any project
selected under section 602;
``(B) to refinance interim construction financing of
eligible project costs of any project selected under section
602; [or]
``(C) to refinance existing loan agreements for rural
infrastructure projects; or
``[(C)](D) to refinance long-term project obligations or
Federal credit instruments if the refinancing provides
additional funding capacity for the completion, enhancement,
or expansion of any project that--
``(i) is selected under section 602; or
``(ii) otherwise meets the requirements of section 602.
``(2) Limitation on refinancing of interim construction
financing.--A loan under paragraph (1) shall not refinance
interim construction financing under paragraph (1)(B) later
than 1 year after the date of substantial completion of the
project.
``(3) Risk assessment.--Before entering into an agreement
under this subsection, the Secretary, in consultation with
the Director of the Office of Management and Budget, shall
determine an appropriate capital reserve subsidy amount for
each secured loan, taking into account each rating letter
provided by an agency under section 602(b)(3)(B).
``(b) Terms and Limitations.--
``(1) In general.--A secured loan under this section with
respect to a project shall be on such terms and conditions
and contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines appropriate.
``(2) Maximum amount.--The amount of the secured loan shall
not exceed the lesser of 49 percent of the reasonably
anticipated eligible project costs or, if the secured loan
does not receive an investment grade rating, the amount of
the senior project obligations.
``(3) Payment.--The secured loan--
``(A) shall--
``(i) be payable, in whole or in part, from tolls, user
fees, or other dedicated revenue sources that also secure the
senior project obligations; and
``(ii) include a rate covenant, coverage requirement, or
similar security feature supporting the project obligations;
and
``(B) may have a lien on revenues described in subparagraph
(A) subject to any lien securing project obligations.
``(4) Interest rate.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), the interest rate on the secured loan shall be not
less than the yield on United States Treasury securities of a
similar maturity to the maturity of the secured loan on the
date of execution of the loan agreement.
``(B) Rural infrastructure projects.--A loan offered to a
rural infrastructure project under this chapter shall be at
\1/2\ of the Treasury Rate.
``(C) Limited buydowns.--A limited buydown is subject to
the following conditions:
``(i) The interest rate under the agreement may not be
lowered by more than the lower of--
``(I) 1\1/2\ percentage points (150 basis points); or
``(II) the amount of the increase in the interest rate.
``(ii) The Secretary may pay up to 50 percent of the cost
of the limited buydown, and the obligor shall pay the balance
of the cost of the limited buydown.
``(iii) Not more than 5 percent of the funding made
available annually to carry out this chapter may be used to
carry out limited buydowns.
``(5) Maturity date.--The final maturity date of the
secured loan shall be the lesser of--
``(A) 35 years after the date of substantial completion of
the project; or
``(B) if the useful life of the capital asset being
financed is of a lesser period, the useful life of the asset.
``(6) Nonsubordination.--
``(A) In general.--Except as provided in [subparagraphs (B)
and (C)] subparagraph (B), the secured loan shall not be
subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor.
``(B) Pre-existing indenture.--
``(i) In general.--The Secretary shall waive subparagraph
(A) for public agency borrowers that are financing ongoing
capital programs and have outstanding senior bonds under a
pre-existing indenture, if--
``(I) the secured loan is rated in the A-category or
higher;
``(II) the secured loan is secured and payable from pledged
revenues not affected by project performance, such as a tax-
backed revenue pledge or a system-backed pledge of project
revenues; and
``(III) the TIFIA program share of eligible project costs
is 33 percent or less.
``(ii) Limitation.--If the Secretary waives the
nonsubordination requirement under this subparagraph--
``(I) the maximum credit subsidy that will be paid by the
Federal Government shall be limited to 10 percent of the
principal amount of the secured loan; and
``(II) the obligor shall be responsible for paying the
remainder of the subsidy cost.
``(7) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the
Federal Government of making a secured loan under this
section.
``(8) Non-federal share.--The proceeds of a secured loan
under this chapter may be used for any non-Federal share of
project costs required under this title or chapter 53 of
title 49, if the loan is repayable from non-Federal funds.
``(9) Maximum federal involvement.--The total Federal
assistance provided on a project receiving a loan under this
chapter shall not exceed 80 percent of the total project
cost.
``(c) Repayment.--
``(1) Schedule.--The Secretary shall establish a repayment
schedule for each secured loan under this section based on
the projected cash flow from project revenues and other
repayment sources, and the useful life of the project.
``(2) Commencement.--Scheduled loan repayments of principal
or interest on a secured loan under this section shall
commence not later than 5 years after the date of substantial
completion of the project.
``(3) Deferred payments.--
``(A) Authorization.--If, at any time after the date of
substantial completion of the project, the project is unable
to generate sufficient revenues to pay the scheduled loan
repayments of principal and interest on the secured loan, the
Secretary may, subject to subparagraph (C), allow the obligor
to add unpaid principal and interest to the outstanding
balance of the secured loan.
``(B) Interest.--Any payment deferred under subparagraph
(A) shall--
``(i) continue to accrue interest in accordance with
subsection (b)(4) until fully repaid; and
``(ii) be scheduled to be amortized over the remaining term
of the loan.
``(C) Criteria.--
``(i) In general.--Any payment deferral under subparagraph
(A) shall be contingent on the project meeting criteria
established by the Secretary.
``(ii) Repayment standards.--The criteria established under
clause (i) shall include standards for reasonable assurance
of repayment.
``(4) Prepayment.--
``(A) Use of excess revenues.--Any excess revenues that
remain after satisfying scheduled debt service requirements
on the project obligations and secured loan and all deposit
requirements under the terms of any trust agreement, bond
resolution, or similar agreement securing project obligations
may be applied annually to prepay the secured loan without
penalty.
``(B) Use of proceeds of refinancing.--The secured loan may
be prepaid at any time without penalty from the proceeds of
refinancing from non-Federal funding sources.
``(d) Sale of Secured Loans.--
``(1) In general.--Subject to paragraph (2), as soon as
practicable after substantial completion of a project and
after notifying the obligor, the Secretary may sell to
another entity or reoffer into the capital markets a secured
loan for the project if the Secretary determines that the
sale or reoffering can be made on favorable terms.
``(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Secretary may not change the
original terms and conditions of the secured loan without the
written consent of the obligor.
``(e) Loan Guarantees.--
``(1) In general.--The Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan if the
Secretary determines that the budgetary cost of the loan
guarantee is substantially the same as that of a secured
loan.
``(2) Terms.--The terms of a guaranteed loan shall be
consistent with the terms set forth in this section for a
secured loan, except that the rate on the guaranteed loan and
any prepayment features shall be negotiated between the
obligor and the lender, with the consent of the Secretary.
``Sec. 604. Lines of credit
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2) through (4),
the Secretary may enter into agreements to make available
lines of credit to 1 or more obligors in the form of direct
loans to be made by the Secretary at future dates on the
occurrence of certain events for any project selected under
section 602.
``(2) Use of proceeds.--The proceeds of a line of credit
made available under this section shall be available to pay
debt service on project obligations issued to finance
eligible project costs, extraordinary repair and replacement
costs, operation and maintenance expenses, and costs
associated with unexpected Federal or State environmental
restrictions.
``(3) Risk assessment.--Before entering into an agreement
under this subsection, the Secretary, in consultation with
the Director of the Office of Management and Budget and each
rating agency providing a preliminary rating opinion letter
under section 602(b)(3), shall determine an appropriate
capital reserve subsidy amount for each line of credit,
[[Page S483]]
taking into account the rating opinion letter.
``(4) Investment-grade rating requirement.--The funding of
a line of credit under this section shall be contingent on
the senior obligations of the project receiving an
investment-grade rating from 2 rating agencies.
``(b) Terms and Limitations.--
``(1) In general.--A line of credit under this section with
respect to a project shall be on such terms and conditions
and contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines appropriate.
``(2) Maximum amounts.--The total amount of the line of
credit shall not exceed 33 percent of the reasonably
anticipated eligible project costs.
``(3) Draws.--Any draw on the line of credit shall
represent a direct loan and shall be made only if net
revenues from the project (including capitalized interest but
not including reasonably required financing reserves) are
insufficient to pay the costs specified in subsection (a)(2).
``(4) Interest rate.--Except as otherwise provided in
subparagraphs (B) and (C) of section 603(b)(4), the interest
rate on a direct loan resulting from a draw on the line of
credit shall be not less than the yield on 30-year United
States Treasury securities as of the date of execution of the
line of credit agreement.
``(5) Security.--The line of credit--
``(A) shall--
``(i) be payable, in whole or in part, from tolls, user
fees, or other dedicated revenue sources that also secure the
senior project obligations; and
``(ii) include a rate covenant, coverage requirement, or
similar security feature supporting the project obligations;
and
``(B) may have a lien on revenues described in subparagraph
(A) subject to any lien securing project obligations.
``(6) Period of availability.--The full amount of the line
of credit, to the extent not drawn upon, shall be available
during the period beginning on the date of substantial
completion of the project and ending not later than 10 years
after that date.
``(7) Rights of third-party creditors.--
``(A) Against federal government.--A third-party creditor
of the obligor shall not have any right against the Federal
Government with respect to any draw on the line of credit.
``(B) Assignment.--An obligor may assign the line of credit
to 1 or more lenders or to a trustee on the behalf of the
lenders.
``(8) Nonsubordination.--
``(A) In general.--Except as provided in subparagraphs (B)
and (C), a direct loan under this section shall not be
subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor.
``(B) Pre-existing indenture.--
``(i) In general.--The Secretary shall waive subparagraph
(A) for public agency borrowers that are financing ongoing
capital programs and have outstanding senior bonds under a
pre-existing indenture, if--
``(I) the line of credit is rated in the A-category or
higher;
``(II) the TIFIA program loan resulting from a draw on the
line of credit is payable from pledged revenues not affected
by project performance, such as a tax-backed revenue pledge
or a system-backed pledge of project revenues; and
``(III) the TIFIA program share of eligible project costs
is 33 percent or less.
``(ii) Limitation.--If the Secretary waives the
nonsubordination requirement under this subparagraph--
``(I) the maximum credit subsidy that will be paid by the
Federal Government shall be limited to 10 percent of the
principal amount of the secured loan; and
``(II) the obligor shall be responsible for paying the
remainder of the subsidy cost.
``(9) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the
Federal Government of providing a line of credit under this
section.
``(10) Relationship to other credit instruments.--A project
that receives a line of credit under this section shall not
also receive a secured loan or loan guarantee under section
603 in an amount that, combined with the amount of the line
of credit, exceeds 49 percent of eligible project costs.
``(c) Repayment.--
``(1) Terms and conditions.--The Secretary shall establish
repayment terms and conditions for each direct loan under
this section based on the projected cash flow from project
revenues and other repayment sources, and the useful life of
the asset being financed.
``(2) Timing.--All repayments of principal or interest on a
direct loan under this section shall be scheduled to commence
not later than 5 years after the end of the period of
availability specified in subsection (b)(6) and to conclude,
with full repayment of principal and interest, by the date
that is 25 years after the end of the period of availability
specified in subsection (b)(6).
``Sec. 605. Program administration
``(a) Requirement.--The Secretary shall establish a uniform
system to service the Federal credit instruments made
available under this chapter.
``(b) Fees.--The Secretary may collect and spend fees,
contingent upon authority being provided in appropriations
Acts, at a level that is sufficient to cover--
``(1) the costs of services of expert firms retained
pursuant to subsection (d); and
``(2) all or a portion of the costs to the Federal
Government of servicing the Federal credit instruments.
``(c) Servicer.--
``(1) In general.--The Secretary may appoint a financial
entity to assist the Secretary in servicing the Federal
credit instruments.
``(2) Duties.--The servicer shall act as the agent for the
Secretary.
``(3) Fee.--The servicer shall receive a servicing fee,
subject to approval by the Secretary.
``(d) Assistance From Expert Firms.--The Secretary may
retain the services of expert firms, including counsel, in
the field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments.
``Sec. 606. State and local permits
``The provision of credit assistance under this chapter
with respect to a project shall not--
``(1) relieve any recipient of the assistance of any
obligation to obtain any required State or local permit or
approval with respect to the project;
``(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on
private equity invested in the project; or
``(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation
of the project.
``Sec. 607. Regulations
``The Secretary may promulgate such regulations as the
Secretary determines appropriate to carry out this chapter.
``Sec. 608. Funding
``(a) Funding.--
``(1) Spending and borrowing authority.--Spending and
borrowing authority for a fiscal year to enter into Federal
credit instruments shall be promptly apportioned to the
Secretary on a fiscal year basis.
``(2) Reestimates.--When the estimated cost of a loan or
loans is reestimated, the cost of the reestimate shall be
borne by or benefit the general fund of the Treasury,
consistent with section 661c(f) of title 2, United States
Code.
``(3) Rural set-aside.--
``(A) In general.--Of the total amount of funds made
available to carry out this chapter for each fiscal year, 10
percent shall be set aside for rural infrastructure projects.
``(B) Reobligation.--Any amounts set aside under
subparagraph (A) that remain unobligated by June 1 of the
fiscal year for which the amounts were set aside shall be
available for obligation by the Secretary on projects other
than rural infrastructure projects.
``(4) Redistribution of authorized funding.--
``(A) In general.--Beginning for in the second fiscal year
after the date of enactment of this paragraph, on August 1 of
that fiscal year, and each fiscal year thereafter, if the
unobligated and uncommitted balance of funding available
exceeds 150 percent of the amount made available to carry out
this chapter for that fiscal year, the Secretary shall
distribute to the States the amount of funds and associated
obligation authority in excess of that amount.
``(B) Distribution.--The amounts and obligation authority
distributed under this paragraph shall be distributed, in the
same manner as obligation authority is distributed to the
States for the fiscal year, based on the proportion that--
``(i) the relative share of each State of obligation
authority for the fiscal year; bears to
``(ii) the total amount of obligation authority distributed
to all States for the fiscal year.
``(C) Purpose.--Funds distributed under subparagraph (B)
shall be available for any purpose described in section
133(c).
``(5) Availability.--Amounts made available to carry out
this chapter shall remain available until expended.
``(6) Administrative costs.--Of the amounts made available
to carry out this chapter, the Secretary may use not more
than 1 percent for each fiscal year for the administration of
this chapter.
``(b) Contract Authority.--
``(1) In general.--Notwithstanding any other provision of
law, execution of a term sheet by the Secretary of a Federal
credit instrument that uses amounts made available under this
chapter shall impose on the United States a contractual
obligation to fund the Federal credit investment.
``(2) Availability.--Amounts made available to carry out
this chapter for a fiscal year shall be available for
obligation on October 1 of the fiscal year.
``Sec. 609. Reports to Congress
``On June 1, 2012, and every 2 years thereafter, the
Secretary shall submit to Congress a report summarizing the
financial performance of the projects that are receiving, or
have received, assistance under this chapter (other than
section 610), including a recommendation as to whether the
objectives of this chapter (other than section 610) are best
served--
``(1) by continuing the program under the authority of the
Secretary;
``(2) by establishing a Federal corporation or federally
sponsored enterprise to administer the program; or
``(3) by phasing out the program and relying on the capital
markets to fund the types
[[Page S484]]
of infrastructure investments assisted by this chapter (other
than section 610) without Federal participation.''.
SEC. 3003. STATE INFRASTRUCTURE BANKS.
Section 610(d)(1)(A) of title 23, United States Code, is
amended by striking ``sections 104(b)(1)'' and all that
follows though the semicolon and inserting ``paragraphs (1)
and (2) of section 104(b)''.
TITLE IV--HIGHWAY SPENDING CONTROLS
SEC. 4001. HIGHWAY SPENDING CONTROLS.
(a) In General.--Title 23, United States Code, is amended
by adding at the end the following:
Chapter 7--Highway Spending Controls
Sec.
701. Solvency of Highway Account of the Highway Trust Fund.
``SEC. 701. SOLVENCY OF HIGHWAY ACCOUNT OF THE HIGHWAY TRUST
FUND.
[``(a) Solvency Calculation for Fiscal Year 2012.--Not
later than 60 days after the date of enactment of the MAP-21,
the Secretary, in consultation with the Secretary of
Treasury, shall--
``(1) estimate the balance of the Highway Trust Fund (other
than the Mass Transit Account) at the end of such fiscal year
and the end of the next fiscal year, for purposes of which
estimation the Secretary shall assume that the obligation
limitation on Federal-aid highways and highway safety
construction programs is equal to the obligation limitations
enacted for those fiscal years in the MAP-21;
``(2) determine if the estimated balance of the Highway
Trust Fund (other than the Mass Transit Account) would fall
below--
``(A) $2,000,000,000 at the end of the fiscal year for
which the obligation limitation is being distributed; or
``(B) $1,000,000,000 at the end of the next fiscal year;
``(3) if either of the conditions in paragraph (1) would
occur, calculate the amount by which the obligation
limitation in the fiscal year for which the obligation
limitation is being distributed must be reduced to prevent
such occurrence, for purposes of which calculation the
Secretary shall assume that the obligation limitation on
Federal-aid highways and highway safety construction programs
for the next fiscal year is equal to the obligation
limitation for the fiscal year for which the limitation is
being distributed as reduced pursuant to this subparagraph;
``(4) distribute such obligation limitation, less any
amount determined under paragraph (3);
``(5) ensure that any obligation limitation that is
withheld from distribution pursuant to paragraph (3) shall
lapse immediately following the distribution of obligation
limitation under paragraph (4); and
``(6) upon the lapse of any obligation limitation under
paragraph (5), reduce proportionately the amount of sums
authorized to be appropriated from the Highway Trust Fund
(other than the Mass Transit Account) for such fiscal year to
carry out each of the Federal-aid highway and highway safety
construction programs (other than emergency relief) by an
aggregate amount equal to the amount determined pursuant to
such paragraph. The amounts withheld pursuant to this
paragraph are permanently rescinded.]
``(a) Solvency Calculation for Fiscal Year 2012.--
``(1) Adjustment of obligation limitation.--Not later than
60 days after the date of enactment of the MAP-21, the
Secretary, in consultation with the Secretary of Treasury,
shall:
``(A) Estimate the balance of the Highway Trust Fund (other
than the Mass Transit Account) at the end of fiscal years
2012 and 2013. For purposes of which estimation, the
Secretary shall assume that the obligation limitation on
Federal-aid highways and highway safety construction programs
will be equal to the obligation limitations enacted for those
fiscal years in the MAP-21.
``(B) Determine if the estimated balance of the Highway
Trust Fund (other than the Mass Transit Account) would fall
below--
``(i) $2,000,000,000 at the end of fiscal year 2012; or
``(ii) $1,000,000,000 at the end of fiscal year 2013.
``(C) If either of the conditions in subparagraph (B) would
occur, calculate the amount by which the fiscal year 2012
obligation limitation must be reduced to prevent such
occurrence. For purposes of this calculation, the Secretary
shall assume that the obligation limitation on Federal-aid
highways and highway safety construction programs for the
fiscal year 2013 will be equal to the obligation limitation
for fiscal year 2012, as reduced pursuant to this
subparagraph.
``(D) Adjust the distribution of the fiscal year 2012
obligation limitation to reflect any reduction determined
under subparagraph (C).
``(2) Lapse and rescission.--
``(A) Lapse of obligation limitation.--Any obligation
limitation that is withdrawn by the Secretary pursuant to
paragraph (1)(D) shall lapse immediately following the
adjustment of obligation limitation under such paragraph.
``(B) Rescission of contract authority.--Upon the lapse of
any obligation limitation under subparagraph (A), the
Secretary shall reduce proportionately the amount authorized
to be appropriated from the Highway Trust Fund (other than
the Mass Transit Account) for fiscal year 2012 to carry out
each of the Federal-aid highway and highway safety
construction programs (other than emergency relief and funds
under the national highway performance program that are
exempt from the fiscal year 2012 obligation limitation) by an
aggregate amount equal to the amount of adjustment determined
pursuant to paragraph (1)(D). The amounts withdrawn pursuant
to this subparagraph are permanently rescinded.
``(b) Solvency Calculation for Fiscal Year 2013 and Fiscal
Years Thereafter.--
``(1) Adjustment of obligation limitation.--Except as
provided in paragraph (2), in distributing the obligation
limitation on Federal-aid highways and highway safety
construction programs for fiscal year 2013 and each fiscal
year thereafter, the Secretary shall--
``(A) estimate the balance of the Highway Trust Fund (other
than the Mass Transit Account) at the end of such fiscal year
and the end of the next fiscal year, for purposes of which
estimation, the Secretary shall assume that the obligation
limitation on Federal-aid highways and highway safety
construction programs for the next fiscal year is will be
equal to the obligation limitation enacted for the fiscal
year for which the limitation is being distributed;
``(B) determine if the estimated balance of the Highway
Trust Fund (other than the Mass Transit Account) would fall
below--
``(i) $2,000,000,000 at the end of the fiscal year for
which the obligation limitation is being distributed; or
``(ii) $1,000,000,000 at the end of the next fiscal year;
``(C) if either of the conditions in subparagraph (B) would
occur, calculate the amount by which the obligation
limitation in the fiscal year for which the obligation
limitation is being distributed must be reduced to prevent
such occurrence; and
``(D) distribute such obligation limitation less any amount
determined under subparagraph (C).
``(2) Lapse and rescission.--
``(A) Obligation limitation.--
``(i) Recalculation.--In a fiscal year in which the
Secretary withholds obligation limitation based on the
calculation under paragraph (1), the Secretary shall, on
March 1 of such fiscal year, repeat the calculations under
subparagraphs (A) through (C) of such paragraph. Based on the
results of those calculations, the Secretary shall--
``(I) if the Secretary determines that either of the
conditions in paragraph (1)(B) would occur, withdraw an
additional amount of obligation limitation necessary to
prevent such occurrence; or
``(II) distribute as much of the withheld obligation
limitation as may be distributed without causing either of
the conditions specified in paragraph (1)(B) to occur.
``(ii) Lapse.--Any obligation limitation that is enacted
for a fiscal year, withheld from distribution pursuant to
paragraph (1)(D) (or withdrawn under clause (i)(I)), and not
subsequently distributed under clause (i)(II) shall lapse
immediately following the distribution of obligation
limitation under such [paragraph] clause.
``(B) Contract authority.--
``(i) In general.--Upon the lapse of any obligation
limitation under subparagraph (A)(ii), an equal amount of the
unobligated balances of funds apportioned among the States
under chapter 1 and sections 1116, 1303, and 1404 of the
SAFETEA-LU (119 Stat. 1177, 1207, and 1228) are permanently
rescinded. In administering the rescission required under
this [subparagraph] clause, the Secretary shall allow each
State to determine the amount of the required rescission to
be drawn from the programs to which the rescission applies,
except as provided in clause (ii).
``(ii) Rescission of funds apportioned in fiscal year 2013
and fiscal years thereafter.--If a State determines that it
will meet any of its required rescission amount from funds
apportioned to such State on or subsequent to October 1,
2012, the Secretary shall determine the amount to be
rescinded from each of the programs subject to the rescission
for which the State was apportioned funds on or subsequent to
October 1, 2012, in proportion to the cumulative amount of
apportionments that the State received for each such program
on or subsequent to October 1, 2012.
``(3) Other actions to prevent insolvency.--The Secretary
shall issue a regulation to establish any actions in addition
to those described in subsection (a) and paragraph (1) that
may be taken by the Secretary if it becomes apparent that the
Highway Trust Fund (other than the Mass Transit Account) will
become insolvent, including the denial of further
obligations.
``(4) Applicable only to full-year limitation.--The
requirements of paragraph (1) apply only to the distribution
of a full-year obligation limitation and do not apply to
partial-year limitations under continuing appropriations
Acts.''.
(b) Table of Chapters.--The table of chapters for title 23,
United States Code, is amended by inserting after the item
relating to chapter 6 the following:
``7. Highway Spending Controls...............................701''.....
The PRESIDING OFFICER. Under the previous order, the committee-
reported amendments are agreed to, and the bill, as amended, will be
considered original text for purposes of further amendment.
Amendment No. 1515
Mr. REID. On behalf of Senators Johnson and Shelby, the chairman and
ranking member of the Banking Committee, I send an amendment to the
desk.
The PRESIDING OFFICER. The clerk will report.
[[Page S485]]
The bill clerk read as follows:
The Senator from Nevada [Mr. Reid], for Mr. Johnson and Mr.
Shelby, proposes an amendment numbered 1515.
Mr. REID. Mr. President, I ask unanimous consent that the reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
____________________