[Senate Report 117-41]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 64
117th Congress       }                            {            Report
                                 SENATE
 1st Session         }                            {            117-41

======================================================================



 
           SURFACE TRANSPORTATION REAUTHORIZATION ACT OF 2021

                                _______
                                

                October 6, 2021.--Ordered to be printed

                                _______
                                

    Mr. Carper, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1931]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works reports an 
original bill (S. 1931) to amend title 23, United States Code, 
to authorize funds for Federal-aid highways and highway safety 
construction programs, and for other purposes, and recommends 
that the bill do pass.

                       Purpose of the Legislation

    S. 1931 authorizes Federal-aid highway and highway safety 
construction programs from fiscal year 2022 to fiscal year 
2026.

                    General Statement and Background

    Legislation authorizing Federal investment in our nation's 
highways dates back over 100 years, to the passage of the 
Federal Aid Road Act of 1916 and the Federal Highway Act of 
1921. However, it was the enactment of the Federal-Aid Highway 
Act of 1956, which significantly increased Federal investment 
in America's highways, directed considerable funding to the 
building of the Interstate System. The legislation also 
established the Highway Trust Fund (HTF) as the mechanism for 
funding the Federal-aid highway program and increased some of 
the existing highway-related Federal fees, established new 
fees, and provided that most of the revenues from these fees be 
deposited in the HTF. A number of multi-year reauthorization 
bills have been passed in the decades following, which 
authorized and modified the Federal-aid highway program, 
provided formula funding to States for the construction and 
maintenance of the nation's highways, and extended the highway-
related fees deposited into the HTF.
    A description of the most recent reauthorization bills 
follows.

Intermodal Surface Transportation Efficiency Act of 1991

    The Intermodal Surface Transportation Efficiency Act of 
1991 (ISTEA) was signed into law by President George H.W. Bush 
on December 18, 1991, as Public Law 102-240. It authorized the 
Federal surface transportation programs for highways, highway 
safety, and transit for the 6-year period between 1992 and 
1997. ISTEA was a milestone in the nation's transportation 
history, as it marked the transition to the modern Federal 
highway program structure, following the completion of the 
Interstate System, emphasizing intermodalism, flexibility, and 
collaborative transportation planning and decisionmaking.

National Highway System Designation Act of 1995

    The National Highway System Designation Act (NHS Act) was 
signed into law by President Bill Clinton on November 28, 1995, 
as Public Law 104-59. The purpose of the NHS Act was to 
designate the National Highway System, consisting of critical 
road networks and network connections that are important to the 
United States' economy, defense, and mobility. The NHS network 
consists of over 160,000 miles of roads and includes the 
Interstate System. With the substantial completion of the 
Interstate System, Congress recognized that the primary Federal 
responsibility to ensure adequate mobility on our 
transportation system for people and goods could be achieved on 
a larger network of roads that incorporates, but is not limited 
to the Interstate System. Today, Americans depend on a well-
maintained NHS that provides critical connections within and 
between urban and rural communities.

Transportation Equity Act for the 21st Century

    The Transportation Equity Act for the 21st Century (TEA-21) 
was signed into law by President Bill Clinton on June 9, 1998, 
as Public Law 105-178. It authorized Federal surface 
transportation programs for the 6-year period between 1998 and 
2003. TEA-21 built upon the initiatives established in ISTEA to 
meet the challenges of improving safety and enhancing 
communities while advancing America's economic growth and 
competitiveness domestically and internationally through 
efficient transportation. Flexibility in the use of funds, 
emphasis on measures to improve the environment, focus on a 
strong planning process for making investment decisions were 
continued and enhanced by TEA-21, with a new focus on providing 
States with assurance of a guaranteed level of Federal surface 
transportation funding.

Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
        Legacy for Users

    The Safe, Accountable, Flexible, Efficient Transportation 
Equity Act: A Legacy for Users (SAFETEA-LU) was signed into law 
by President George W. Bush on August 10, 2005, as Public Law 
109-59. SAFETEA-LU provided increased transportation 
infrastructure investment, strengthened transportation safety 
and environmental programs, and continued core research 
activities. Safety was a core focus area for SAFETEA-LU, with 
the creation of the Highway Safety Improvement Program to 
provide formula dollars to states to reduce highway fatalities. 
The law also provided more flexibility for the private sector 
to participate in certain surface transportation projects 
through the Transportation Infrastructure Finance and 
Innovation Act (TIFIA) program, and gave more flexibility to 
States to use road pricing to manage congestion.
    During the authorization period of SAFETEA-LU, the Highway 
Trust Fund balances reached insolvency for the first time, 
requiring additional funds to be added to the Highway Trust 
Fund in 2008, to allow for the continued growth of highway and 
transit spending from the Highway Trust Fund. After the 
expiration of SAFETEA-LU on September 30, 2009, Federal surface 
transportation programs were continued through a series of 
short-term extensions until the enactment of the Moving Ahead 
for Progress in the 21st Century Act.

Moving Ahead for Progress in the 21st Century Act

    The Moving Ahead for Progress in the 21st Century Act (MAP-
21) was signed into law by President Barack Obama on July 6, 
2012 as Public Law 112-141. MAP-21 reauthorized the Federal-aid 
highway program for fiscal years 2013 and 2014 at baseline 
funding levels. MAP-21 simplified the highway program structure 
by consolidating and eliminating the Federal programs into a 
smaller number of programs with broader eligibilities, 
providing more flexibility to States, while also requiring 
States and Metropolitan Planning Organizations to collect data 
and set performance targets for key transportation performance 
measures, including safety, condition, congestion, air quality, 
and freight movement. It also included a focus on delivering 
highway projects more rapidly by providing new flexibilities to 
complete environmental reviews.

Fixing America's Surface Transportation Act

    The Fixing America's Surface Transportation (FAST) Act was 
signed into law by President Barack Obama on December 4, 2015 
as Public Law 114-94. The FAST Act provided five years of 
certainty at increased funding levels. Specifically, it 
authorized $225.190 billion over fiscal years 2016 through 2020 
for highway programs. The FAST Act also largely retained the 
structure of these programs established in MAP-21, and 
maintained a focus on safety, and efficient project delivery. 
The FAST Act included a new focus on freight movement, 
supported with new formula and competitive grants for highway 
and intermodal freight, as well as a focus on Federal and State 
freight planning efforts.

Surface Transportation Reauthorization Act of 2021

    The Surface Transportation Reauthorization Act of 2021 
(STRA-21) provides five years of program authorization for 
fiscal years 2022 through 2026, at an increased funding level, 
giving State and local governments the certainty and stability 
they need to improve and develop our nation's surface 
transportation infrastructure. STRA-21 provides the largest 
amount of funding by any single reauthorization legislation in 
history, authorizing $303.5 billion from the HTF for 
investments to improve America's roads and bridges and to keep 
our economy moving. Highlights of the legislation include:
    Strong, stable Federal partnership--STRA-21 builds upon the 
FAST Act and delivers a strong, stable Federal partnership 
through approximately a 35 percent increase in funding over 
five years, relative to the previous five year period, with 90 
percent distributed to States by formula.
    Climate change.--STRA-21 recognizes the growing need to 
address climate change in the transportation sector, both by 
providing funding for States to enhance the resiliency of their 
transportation assets to withstand the effects of extreme 
weather and natural disasters and to reduce the emissions from 
the transportation sector, which is the sector with the largest 
amount of emissions in the US economy. STRA-21 provides $18 
billion in funding for a new climate title, which includes both 
formula programs as well as discretionary grant programs.
    STRA-21 creates a new resiliency program, including formula 
and discretionary grant components that is funded at $8.7 
billion in total. Grants from this program will protect surface 
transportation assets from natural disasters such as wildfires, 
hurricanes, flooding, and mudslides. Grants distributed on a 
competitive basis include set-asides for particular areas of 
need, including the resilience of surface transportation 
infrastructure that is at-risk in coastal states due to sea 
level rise, as well as for emergency evacuation routes.
    STRA-21 also creates programs to reduce transportation 
sector emissions, including a $6.4 billion apportioned program 
that will be distributed by formula and available for projects 
that will reduce transportation emissions, such as 
transportation electrification, infrastructure for bicycling 
and walking, and public transportation. An additional $2.5 
billion in new funding will be available as competitive grants 
for electric charging and hydrogen, natural gas, and propane 
charging infrastructure, with half focused on building out 
Alternative Fuel Corridors designated along the National 
Highway System, and half available for installing such 
infrastructure in communities, including at workplaces, 
schools, parks, and other publicly accessible locations. States 
will also be required to develop emissions reduction strategies 
to reduce their transportation-related greenhouse gas 
emissions.
    Additional climate-focused programs include competitive 
grants to help States and cities reduce traffic congestion in 
and around large urbanized areas, with new flexibilities for 
pricing to manage transportation demand; competitive grants to 
reduce truck emissions at ports; and a program that authorizes 
funding for appropriations to mitigate urban heat islands.
    Safety.--STRA-21 significantly increases funding in the 
existing Highway Safety Improvement Program, and introduces 
program reforms focused on the safety of vulnerable road users, 
including bicyclists and pedestrians. New program requirements 
include a State assessment of the safety of vulnerable road 
users, which will be integrated into the Strategic Highway 
Safety Plan. States with high rates of vulnerable road user 
fatalities will also be required to set-aside a greater portion 
of funding for projects to improve the safety of such users.
    STRA-21 also enhances safety through a new competitive 
grant program to provide $350 million over 5 years for projects 
designed to reduce wildlife-vehicle collisions. It also adds 
eligibilities for wildlife crossing structures within formula 
programs, and prioritizes the research and development of 
animal detection systems to reduce the number of wildlife-
vehicle collisions.
    Project delivery and process improvements.--STRA-21 
codifies core elements of the One Federal Decision policy for 
highway projects including: a 2-year goal for completion of 
environmental reviews; a 90-day timeline for related project 
authorizations; and a single environmental document and record 
of decision to be signed by all participating agencies. In 
addition, the bill provides flexibility to the U.S. Department 
of Transportation (DOT) during the environmental review 
process, allowing the agency to set a schedule for projects, 
and limiting a possible extension request for other 
participating agencies to only one year.
    The bill also improves interagency coordination in ways 
designed to facilitate environmental reviews without 
sacrificing environmental protections. A new provision will 
allow Federal Land Management Agencies to use environmental 
review documents created by DOT, and another provision directs 
non-DOT agencies to evaluate DOT categorical exclusions every 
four years and publish a notice of proposed rulemaking to adopt 
relevant categorical exclusions, as appropriate, within one 
year. STRA-21 also includes provisions to enable State DOTs to 
proceed more quickly with utility relocation work that is 
necessitated by a highway project.
    STRA-21 includes program modifications designed to 
facilitate timely project delivery outside of the environmental 
provisions as well. Changes to the TIFIA program will 
streamline the application process and will increase 
transparency and certainty for projects seeking credit 
assistance. STRA-21 also increases funding for the Technology 
and Innovation Deployment Program, which will support new and 
innovative construction technologies for smarter, accelerated 
project delivery.
    Bridge investment program.--STRA-21 authorizes $6.53 
billion over five years, including $3.265 billion from the 
Highway Trust Fund, for a competitive bridge program to address 
the backlog of bridges in or near poor condition nationwide. 
This program includes a focus on large bridges that are 
difficult to complete through a State's annual apportionments. 
No less than 50 percent of the program will support bridges 
with a total project cost larger than $100 million, and the 
program enables the use of multi-year grant agreements for 
these large projects, to allow more bridge projects to receive 
the grant funding needed to proceed to construction. This 
legislation also includes a tribal set-aside of $100 million 
over the reauthorization to be directed to the Tribal 
Transportation Bridge Program.
    Rural and urban needs.--STRA-21 includes a new $2 billion 
competitive grant program to improve and expand surface 
transportation infrastructure in rural communities. The program 
will increase connectivity, improve safety and reliability of 
the movement of people and freight, and the generation of 
regional economic growth and improve quality of life in rural 
communities. No less than 25 percent of the funding for this 
program is reserved for projects that further the completion of 
designated routes of the Appalachian Development Highway 
System. In addition, this program sets aside 15 percent of the 
funding for projects in States with higher than average rural 
roadway lane departure fatalities.
    STRA-21 includes a $500 million competitive grant program 
to remove highways that constitute a barrier to mobility within 
communities. The bill also provides an increase in the 
suballocation of the funding for transportation alternatives 
and requires the suballocation of funding for the Carbon 
Reduction Program. Suballocation of funding ensures that money 
is distributed within a State according to the location of the 
population of that state, both in urban and rural areas.
    Tribal and Federal lands programs.--STRA-21 increases 
funding for tribal and Federal lands transportation programs, 
which includes $3.012 billion for the Tribal Transportation 
Program and $2.195 billion for the Federal Lands Transportation 
Program over five years. In addition, the bill provides $275 
million over five years in funding from the HTF for the 
Nationally Significant Federal Lands and Tribal Projects 
program to fund the construction and rehabilitation of 
nationally significant projects on Federal and tribal lands.

Conclusion

    Improving the nation's surface transportation 
infrastructure, building upon the previously enacted reforms 
included in MAP-21 and FAST Act, and delivering five years of 
funding certainty at an increased funding level will provide 
long-term benefits to communities across the United States. 
With a 35 percent increase above the FAST Act and the inclusion 
of a climate title, STRA-21 would be a bill of historic 
proportions and would deliver the largest funding authorization 
ever enacted. The bill maintains each State's share of highway 
formula funding, ensuring that each State will receive 
increased funding and will have the flexibility to address its 
unique surface transportation needs. Further, the bill expands 
the flexibility and eligible uses of formula funds. These key 
features provide critical long-term stability and certainty 
which will allow State and local governments to invest 
immediately in much-needed projects to maintain and improve the 
nation's surface transportation infrastructure. In addition to 
funding certainty and program stability, the bill includes key 
priorities and targeted reforms designed to improve the safety 
of road users, accelerate project delivery, improve resiliency 
to disasters, reduce transportation emissions, and grow the 
economy.

                      Section-by-Section Analysis


Sec. 1. Short Title; Table of Contents

    Section 1 states that the Act may be cited as ``Surface 
Transportation Reauthorization Act of 2021'' (STRA-21) and 
includes a Table of Contents.

Sec. 2. Definitions

    Section 2 defines the ``Department'' for the purpose of the 
Act as the Department of Transportation, and defines the 
``Secretary'' for the purposes of the Act as the Secretary of 
Transportation.

Sec. 3. Effective Date

    Section 3 provides that STRA-21 and amendments made by 
STRA-21 take effect on October 1, 2021.

                      TITLE--FEDERAL-AID HIGHWAYS

                SUBTITLE A--AUTHORIZATIONS AND PROGRAMS

Sec. 1101. Authorization of appropriations

    Section 1101 provides the level of contract authority 
funding to be made available from the Highway Trust Fund for 
the Federal-aid highway programs to provide funding certainty 
to States and other recipients of Federal highway funding. It 
also provides the level of authorizations for appropriation 
from the General Fund for certain programs during the same 
five-year authorization period of the bill, fiscal years 2022 
through 2026.

Sec. 1102. Obligation ceiling

    Section 1102 sets the annual limitation on obligations for 
Federal-aid highway programs for each of fiscal years 2022 
through 2026. This section identifies the programs that are 
exempt from the obligation limitation and provides the 
methodology for distributing the obligation authority between 
programs and among the States.

Sec. 1103. Definitions

    Section 1103 modifies the definition of the term 
``construction'' to include activities associated with 
assessing resilience and building wildlife crossing structures, 
modifies the definition of the term ``transportation systems 
management and operations'' to include consideration of 
incorporating natural infrastructure, and adds definitions for 
the terms ``resilience'' and ``natural infrastructure'' to the 
list of defined terms under Section 101 of title 23 United 
States Code.

Sec. 1104. Apportionment

    Section 1104 provides the amounts for administrative 
expenses of Federal Highway Administration (FHWA) for each 
fiscal year and distributes contract authority funding among 
the States.

Sec. 1105. National highway performance program

    Section 1105 augments the purpose of the National Highway 
Performance Program (NHPP) to include a focus on measures that 
increase resiliency to the impacts of sea level rise, extreme 
weather events, flooding, and other natural disasters, such as 
earthquakes and rockslides. This section expands eligibility 
for States to use NHPP funds for resiliency, cybersecurity, and 
undergrounding utility infrastructure. It also allows a State 
to use up to 15 percent of its NHPP funding for protective 
features on a Federal-aid highway or bridge that is off the 
National Highway System if the protective feature is designed 
to mitigate the risk of recurring damage or the cost of future 
repairs from extreme weather events, flooding, or other natural 
disasters. This section provides a list of protective features 
that are included, but does not limit the Secretary to only 
funding those features that are listed.

Sec. 1106. Emergency relief

    Section 1106 clarifies the Emergency Relief (ER) program 
may include repairing damage from natural disasters over a wide 
area caused by wildfire. It allows the use of ER program 
funding for protective features designed to mitigate the risk 
of recurring damage or the cost of future repairs from extreme 
weather events, flooding, or other natural disasters.
    This section removes the restriction on funding for certain 
projects that were already included on a statewide 
transportation improvement plan at the time of a disaster. It 
expands the definition of a comparable facility to include a 
facility that incorporates economically justifiable 
improvements designed to mitigate the risk of recurring damage 
from extreme weather events, flooding, or other natural 
disasters. This section provides a list of protective features 
that are included, but does not limit the Secretary to only 
funding those features that are listed.

Sec. 1107. Federal share payable

    Section 1107 provides for a Federal share payable of up to 
100 percent for vehicle-to-infrastructure communication 
equipment and contractual provisions that provide safety 
contingency funds to incorporate safety enhancements to work 
zones prior to or during roadway construction activities.
    This section extends the deadline for projects to be 100 
percent Federal-share from 180 to 270 days, as well as allowing 
for both permanent and temporary repairs to be 100 percent 
Federal-share under the Emergency Relief Program. This section 
allows the Secretary to waive the Federal-share for certain 
research projects that are carried out with certain apportioned 
funding after considering certain factors such as whether a 
project or activity best serve the interests of the Federal-aid 
highway program and addresses national or regional high 
priority research, development, and technology transfer 
problems in a manner that would benefit multiple States or 
metropolitan planning organizations.
    This section also creates a Federal Share Flexibility Pilot 
Program that gives up to ten States additional flexibility to 
determine the Federal share on a project, multiple-project, or 
program basis for projects under any of the following programs: 
National Highway Performance Program, the Surface 
Transportation Block Grant Program, the Highway Safety 
Improvement Program, the Congestion Mitigation and Air Quality 
Improvement Program National Highway Freight Program, the 
Carbon Reduction Program, and the PROTECT grant program. This 
program will provide additional flexibility for States to meet 
their non-Federal match requirements within a fiscal year, 
without resulting in any reduction on net in non-Federal match 
requirements.

Sec. 1108. Railway-highway grade crossings

    Section 1108 continues to set aside $245,000,000 of the 
funding authorized for the Highway Safety Improvement Program 
(HSIP) for the Railway-Highway Crossings (Section 130) Program 
for each of fiscal years 2022 through 2026. This section 
removes the requirement that at least half of the funds set 
aside for the Section 130 program must be for the installation 
of protective devices at railway-highway crossings. This 
section increases the Federal share for projects funded under 
the Section 130 program from 90 to 100 percent, as well as 
clarifies that the replacement of functionally obsolete warning 
devices is an eligible expense. This section also increases the 
amount of state incentive payment at-grade crossing closures 
from $7,500 to $100,000, and increases the set-aside for 
compilation and analysis of data from 2 percent up to 8 
percent.
    This section emphasizes eligibility for projects to reduce 
pedestrian fatalities and injuries from trespassing at grade 
crossings, and states that it is the sense of Congress that the 
DOT should, where feasible, coordinate efforts to prevent or 
reduce trespasser deaths along railroad rights-of-way and at or 
near railway-highway crossings. This section requires the 
Comptroller General of the Unites States to submit a report 
that includes an analysis of the effectiveness of the Section 
130 program as a set-aside within HSIP.

Sec. 1109. Surface transportation block grant program

    Section 1109 increases the amount of funding set aside 
within the Surface Transportation Block Grant (STBG) Program to 
10 percent for the Transportation Alternatives Program (TAP), 
increases the minimum percentage of TAP funding that is sub-
allocated on the basis of population to 59 percent, and 
provides a process by which States may opt to increase that 
percentage to as high as 100 percent. This section allows a 
State to elect to use up to 5 percent of TAP funds on technical 
and application assistance and administration and adds 
eligibilities for smaller communities to apply for TAP funding.
    This section also adds new eligibilities to STBG including 
construction of wildlife crossing structures, electric vehicle 
charging infrastructure and vehicle-to-grid infrastructure, 
installation and deployment of intelligent transportation 
technologies, projects that facilitate intermodal connections 
between emerging transportation technologies, resilience 
features, cybersecurity protections, and rural barge landings, 
docks, and waterfront infrastructure projects, and the 
construction of certain privately-owned ferry boats and 
terminals.
    This section also increases the off-system bridge set-
aside, and allows low water crossing replacement projects to be 
eligible for use under this set-aside, and creates a new set-
aside for projects in rural areas.
    This section provides for more granular suballocation of 
funding, with a new population category for 50,000 to 200,000, 
and provides for state consultation with metropolitan planning 
organizations to determine the distribution of suballocated 
funds which will provide a greater degree of certainty for 
smaller metropolitan areas on the amounts of federal funding 
they should anticipate to be expended within their planning 
areas.

Sec. 1110. Nationally significant freight and highway projects

    Section 1110 amends the Nationally Significant Freight and 
Highway Projects (NSFHP) program (also known as the INFRA grant 
program) by raising the cap on eligible multimodal projects to 
30 percent of the amounts made available for grants in each of 
fiscal years 2022 through 2026. This section provides a limited 
amount of funds (no more than two percent of program funds 
total) for the purposes of grant application review, grant 
administration, and oversight by the National Surface 
Transportation and Innovative Finance Bureau (also known as the 
Build America Bureau), and by the relevant operating 
administrations.
    This section sets aside $150,000,000 per year of NSFHP 
funds for a pilot program that prioritizes applications 
offering the greatest non-Federal share of project costs. The 
Committee intends that for this State Incentives set-aside, the 
extent of non-Federal share would function as the determining 
factor in deciding between otherwise competitive applications.
    This section also increases the minimum amount (from 10 
percent to 15 percent) that the Secretary shall reserve for 
small projects, as defined by NSFHP, and requires that not less 
than 30 percent of funds reserved for small projects be used 
for certain projects in rural areas. This section also 
increases the Federal share allowable for small projects from 
60 to 80 percent, and allows increased maximum Federal 
involvement for a State with a population density of not more 
than 80 persons per square mile.
    This section also adds the enhancement of freight 
resilience to natural hazards or disasters such as high winds, 
heavy snowfall, flooding, rockslides, mudslides, wildfire, or 
steep grades as an additional consideration by the Secretary 
when making NSFHP grants. The section adds wildlife crossings, 
surface transportation improvements functionally connected to 
an international border crossing, which includes projects on, 
or that connect to, major freight corridors near an 
international border crossing, as well as marine highway 
projects functionally connected to the National Highway Freight 
Network, and regional coordination, planning and multimodal 
transportation system management along multistate corridors as 
eligible entities.
    This section allows NSFHP grants and other competitively 
awarded grants greater than $5,000,000 to be expended after 
grant selection but prior to the grant agreement being signed, 
and for such funds to be credited toward the non-Federal cost 
share of the project.
    This section expands the transparency requirements in 
project selection and requires the Secretary to provide each 
eligible applicant not selected for an NSFHP grant a written 
notification that the eligible applicant was not selected, 
which shall include an offer for a debrief as to why the 
project was not selected. The Committee view is that 
transparency in project evaluations and awards is critical, and 
the Department should seek to use a uniform, transparent and 
accountable system for evaluating and selecting applications to 
be recipients of an NSFHP grant.
    To improve access to NSFHP grant opportunities for projects 
in states that have not previously received such grants, the 
Secretary may also consider whether the State, or eligible 
entity in that State, has received a grant under this section 
in previous years when evaluating grant applications. For each 
project selected for a grant, this section requires the 
Secretary to submit a report to Congress explaining the reasons 
the project was selected. Further, this section requires the 
Comptroller General and the Department of Transportation 
Inspector General to conduct separate assessments of the NSFHP 
project selection process.

Sec. 1111. Highway safety improvement program

    Section 1111 restores flexibility to fund certain non-
infrastructure activities and behavioral safety projects, such 
as educational campaigns about traffic safety and enforcement 
activities, and allows a State to spend up to 10 percent of its 
Highway Safety Improvement Program (HSIP) funding on such 
projects.
    This section includes leading pedestrian intervals, 
construction or installation of features, measures, and road 
designs to calm traffic and reduce vehicle speeds, installation 
or upgrades of traffic control devices for pedestrians and 
bicyclists, roadway improvements that provide separation 
between pedestrians and motor vehicles or between bicyclists 
and motor vehicles, and a pedestrian security feature designed 
to slow or stop a motor vehicle as an eligible highway safety 
improvement project.
    This section defines a ``safe system approach'' and 
``vulnerable road user'', and requires that when total annual 
fatalities of vulnerable road users in a State represents not 
less than 15 percent of the total annual crash fatalities in 
the State, that State shall be required to obligate not less 
than 15 percent of their HSIP funds for the following fiscal 
year for projects to address the safety of vulnerable road 
users. This section also directs the Secretary to update the 
study on High-risk rural roads.
    This section creates a Vulnerable Road User Safety 
Assessment, to be integrated into the existing requirement for 
a State Strategic Highway Safety Plan, which requires states to 
gather and assess data on fatalities and serious injuries of 
vulnerable road users, and identify a program of projects to 
mitigate such safety risks. The Committee notes that 
assessments of vulnerable road user safety and projects to 
improve safety of vulnerable road users could benefit from the 
collection of data on fatality and serious injury rates for 
vulnerable road users. The intent of this section is to create 
a larger focus on, and accountability for, the safety of all 
road users to address increased fatalities among cyclists and 
pedestrians in recent years. The Committee view is that 
projects to improve safety for vulnerable road users should 
safely integrate and provide safe access for vulnerable road 
users, consistent with a safe system approach.

Sec. 1112. Federal lands transportation program

    Section 1112 raises the cap on Federal Lands Transportation 
Program (FLTP) funds that may be used to improve public safety 
and reduce wildlife vehicle collisions while maintaining 
habitat connectivity from $10,000,000 to $20,000,000 per year. 
This section also requires entities carrying out FLTP projects 
to consider the use of native plants and designs that minimize 
runoff and heat generation.

Sec. 1113. Federal lands access program

    Section 1113 broadens activities eligible under the Federal 
Lands Access Program (FLAP) to include contextual wayfinding 
markers, landscaping, and cooperative mitigation of visual 
blight. This section also requires entities carrying out FLAP 
projects to consider the use of native plants and designs that 
minimize runoff and heat generation. This section also allows 
the use of context-sensitive solutions, which help to ensure 
that designs for a built structure's size, scale, spacing, 
lighting, materials, and other design elements are respectful 
of the setting's natural, scenic, historical, archaeological, 
and cultural values and visually connect or integrate the 
character of the Federal lands with adjacent areas and 
communities.
    This section also makes FLAP projects eligible for 100 
percent Federal share, and lifts the cap for bridge inspections 
and transportation planning activities from 5 to 20 percent.

Sec. 1114. National highway freight program

    Section 1114 increases the maximum number of highway miles 
a State may designate as critical rural freight corridors from 
150 to 300 miles, and as critical urban freight corridors from 
75 to 150 miles. This section also provides additional 
flexibility for lower population-density States to designate as 
critical rural freight corridors a maximum of 600 miles of 
highway, or 25 percent of the primary highway freight system 
mileage in the State--whichever is greater. The section 
increases the percent of program funds that may be used for 
eligible multimodal projects from a 10 percent cap to a 30 
percent cap, and adds lock, dam, and marine highway projects as 
eligible as long as the projects are functionally connected to 
the National Highway Freight Network and are likely to reduce 
on-road mobile source emissions.

Sec. 1115. Congestion mitigation and air quality improvement program

    Section 1115 adds flexibility to the Congestion Mitigation 
and Air Quality Improvement Program (CMAQ) by allowing States 
to spend up to 10 percent of CMAQ funds on certain lock and dam 
modernization or rehabilitation projects and certain marine 
highway corridor, connector, or crossings projects if such 
projects are functionally connected to the Federal-aid highway 
system and are likely to contribute to the attainment or 
maintenance of a national ambient air quality standard. This 
section also clarifies when eligible transit operating costs 
are not subject to a time limitation or phase-out requirement.
    This section also adds eligibility for shared 
micromobility, including bike share and shared scooter systems, 
as well as for the purchase of medium- or heavy-duty zero 
emission vehicles and related charging equipment. This section 
also permits for the Secretary, at the request of an MPO, to 
assist that MPO with tracking progress made in minority or low-
income populations as part of a performance plan.
    The Committee notes that sustainability and program 
efficacy may be enhanced by the ability of state and local 
project sponsors to leverage data and technology to monitor air 
quality and to improve investment decisionmaking.

Sec. 1116. Alaska Highway

    Section 1116 clarifies that the Secretary may provide 
allocated and apportioned funding for certain sections of the 
Alaska Highway, including sections in Canada, if the highway 
meets all applicable eligibility requirements. This section 
does not create new programs or funding sources. This section 
does not alter current or require new agreements between the 
United States and Canada.

Sec. 1117. Toll roads, bridges, tunnels, and ferries

    Section 1117 clarifies that the construction of ferry boats 
and terminals also includes the construction of maintenance 
facilities, and permits the use of Federal funds to procure 
transit vehicles as part of the ferry boat program if the 
vehicles are used exclusively as part of an intermodal ferry 
trip. This section also clarifies that for a project to replace 
or retrofit a diesel fuel ferry vessel that provides 
substantial emissions reductions, the Federal share of the cost 
of the project may be up to 85 percent, as determined by the 
State.

Sec. 1118. Bridge investment program

    Section 1118 establishes a new competitive grant program to 
assist State, local, Federal and tribal entities in 
rehabilitating or replacing bridges, including culverts, and 
eligibility for large projects and bundling of smaller bridge 
projects. This program is will provide funding to address the 
large backlog of bridge projects across the country, and in 
particular, large bridge projects that are difficult to fund 
through a State's annual apportionments.
    Under this program, the minimum grant amount for a large 
project is not less than $50,000,000; the minimum grant amount 
for any other eligible project is $2,500,000. In all cases, 
grant amounts, in combination with other anticipated funds, 
should be of a size sufficient to enable the project to proceed 
through completion. This program prioritizes certain projects 
within States that have applied for but have yet to receive 
grants, and requires the Secretary, during the period of fiscal 
years 2022 through 2026, to award a selected State with not 
fewer than either 1 large project, or 2 other than large 
projects.
    The bridge program would include an application and 
evaluation process for large projects, after which the 
Secretary would submit an annual report to Congress on funding 
recommendations for large projects, based on project 
evaluations. Large projects could be funded with multi-year 
funding agreements in order to allow more projects to proceed 
to construction more quickly. To be able to receive a grant for 
a project under the program, the Secretary is to determine that 
an eligible bridge project is justified under factors listed in 
the section. Further, this program allows for funding of large 
projects during the first year of the program. The Committee 
directs the Department to use data currently gathered to the 
maximum extent possible for applications and evaluations.
    Under this program, at least 50 percent of program funds, 
in the aggregate from fiscal years 2022 through 2026, must be 
used for large projects, and a total of $100 million over five 
years would be set-aside for tribal bridge projects.

Sec. 1119. Safe routes to school

    Section 1119 codifies the Safe Routes to School Program and 
amends it to apply the program through 12th grade to enable and 
encourage high school students to walk and bike to school 
safely. The program activities continue to be eligible under 
the Transportation Alternatives Program, rather than receive 
direct funding.

Sec. 1120. Highway use tax evasion projects

    Section 1120 reauthorizes funding to be used by the 
Secretary in conjunction with the Internal Revenue Service to 
address highway use tax evasion for fiscal years 2022 through 
2026.

Sec. 1121. Construction of ferry boats and ferry terminal facilities

    Section 1121 increases funding for the ferry boat program, 
which funds the construction of ferry boats and ferry terminal 
facilities.

Sec. 1122. Vulnerable road user research

    Section 1122 directs the FHWA Administrator to establish a 
research plan to prioritize research on roadway designs, the 
development of safety countermeasures to minimize fatalities 
and serious injuries to vulnerable road users, and the 
promotion of bicycling and walking. This includes research 
relating to roadway safety improvements, the impacts of traffic 
speeds, and tools to evaluate the impact of transportation 
improvements on projected rates and safety of bicycling and 
walking. The Committee notes the gaps in uniform, granular data 
on rates of bicycling and walking as an important data gap to 
be addressed, to enable States and localities to evaluate the 
extent to which a project has improved both the access and 
safety of vulnerable road users.

Sec. 1123. Wildlife crossing safety

    Section 1123 establishes a wildlife crossing pilot program 
to provide grants for projects designed to reduce wildlife-
vehicle collisions and improve habitat connectivity. This 
section also requires the Secretary to update and expand the 
``Wildlife Vehicle Collision Reduction Study: 2008 Report to 
Congress,'' develop reports, guidance and data collection 
methodology.

Sec. 1124. Consolidation of programs

    Section 1124 provides funding for Operation Lifesaver, work 
zone safety grants, and safety clearinghouses for fiscal years 
2022 through 2026.

Sec. 1125. State freight advisory committees

    Section 1125 adds to the makeup and role of State freight 
advisory committees, and lists State freight advisory committee 
member qualifications.

Sec. 1126. Territorial and Puerto Rico highway program

    Section 1126 authorizes increased funding for the 
Territorial and Puerto Rico Highway Program, a total of 
$900,995,000 for Puerto Rico, and $239,505,000 for the 
territories on the National Highway System for fiscal years 
2022 through 2026. This section also adds eligibility for 
preventative maintenance for a portion of the allocation to 
Puerto Rico.

Sec. 1127. Nationally significant Federal lands and Tribal projects 
        program

    Section 1127 amends Nationally Significant Federal Lands 
and Tribal Projects Program (NSFLTP) by allowing smaller 
projects to qualify for the program. This section also allows 
100 percent Federal share for Tribal projects. This section 
further requires an even split in total use of funds between 
Federal lands projects and tribal transportation projects, and 
requires that for each of fiscal years 2022 through 2026 at 
least one Federal lands project be in a unit of the National 
Park System with not less than 3,000,000 annual visitors.

Sec. 1128. Tribal high priority projects program

    Section 1128 reinstates and provides funding for the Tribal 
High Priority Projects program at $30,000,000 for each of 
fiscal years 2022 through 2026 from the General Fund, and sets 
aside for the program $9,000,000 per year for each of fiscal 
years 2022 through 2026 from the Tribal Transportation Program.

Sec. 1129. Standards

    Section 1129 directs the Department of Transportation to 
update the Manual on Uniform Traffic Control Devices, and to 
continue to update the manual no less than every four years 
thereafter. This section also adds electric vehicle charging 
stations to the section. The Committee encourages the 
Department to be cognizant of adding significant new rules and 
regulations related to the installation of EV charging 
infrastructure and encourages the Department to refrain from 
making the process to install EV charging infrastructure so 
onerous as to delay implementation of this much needed 
infrastructure.

Sec. 1130. Public transportation

    Section 1130 adds eligibility for a capital project for the 
construction of a bus rapid transit corridor or dedicated bus 
lanes, including the construction or installation of traffic 
signaling and prioritization systems, redesigned intersections 
that are necessary for the establishment of a bus rapid transit 
corridor, on-street stations, fare collection systems, 
information and wayfinding systems, and depots.

Sec. 1131. Rural opportunities to use transportation for economic 
        success council

    Section 1131 directs the Secretary to establish a council, 
to be known as the ``Rural Opportunities to Use Transportation 
for Economic Success Council'', or the ``ROUTES Council'', to 
ensure that the unique transportation needs and attributes of 
rural areas, Indian Tribes, and disadvantaged rural communities 
are fully addressed during the development and implementation 
of programs, policies, and activities of the Department of 
Transportation.
    It also directs the ROUTES Council to increase coordination 
of programs, policies, and activities of the Department in a 
manner that improves and expands transportation infrastructure 
in order to further economic development in, and the quality of 
life of, rural areas, Indian Tribes, and disadvantaged rural 
communities, and to provide rural areas, Indian Tribes, and 
disadvantaged rural communities with proactive outreach to 
improve access to discretionary funding and financing programs 
and to facilitate timely resolution on environmental reviews 
for complex or high-priority projects.

Sec. 1132. Reservation of certain funds

    Section 1132 amends language to direct the Secretary to 
determine if a State has not enacted or is not enforcing an 
open container law, and a repeat intoxicated driver law, for 
the prior fiscal before the reservation of certain funds is in 
enacted.

Sec. 1133. Rural surface transportation grant program

    Section 1133 directs the Secretary to establish a rural 
surface transportation grant program to provide grants, on a 
competitive basis, to eligible entities to improve and expand 
the surface transportation infrastructure in rural areas. The 
goals of the program include increasing connectivity and 
mobility, improving safety and reliability of the movement of 
people and freight, generating regional economic growth, and 
improving quality of life. A grant under the program shall be 
at least $25,000,000, and the Federal share shall be at least 
80 percent, and up to 100 percent for projects on the 
Appalachian Development Highway System. No more than 10 percent 
of funds may be used for projects smaller than $25,000,000, and 
at least 25 percent of funds shall be reserved for projects 
that further the completion of designated routes of the 
Appalachian Development Highway System. The program also sets 
aside 15 percent of the funding for eligible projects in States 
with higher than average rural roadway lane departure 
fatalities.

Sec. 1134. Bicycle transportation and pedestrian walkways

    Section 1134 provides a definition for the class 1, 2, and 
3 electric bicycles and the addition of micromobility as an 
eligible use of funds for construction of walkways and bicycle 
transportation facilities.

Sec. 1135. Recreational Trails Program

    Section 1135 allows for funds apportioned to a State under 
their apportionment to be used on a recreational trail or a 
related project, shall be administered as if the funds were 
made available to carry out the Recreational Trails Program.

Sec. 1136. Updates to the Manual on Uniform Traffic Control Devices

    Section 1136 directs the Department to update the Manual on 
Uniform Traffic Control Devices (MUTCD), and to include updates 
necessary to provide for the protection of vulnerable road 
users, supporting the safe testing of automated vehicle 
technology and any preparation necessary for the safe 
integration of automated vehicles onto public streets, 
appropriate use of variable message signs to enhance public 
safety, and the minimum retroreflectivity of traffic control 
devices and pavement markings.

            SUBTITLE B--PLANNING AND PERFORMANCE MANAGEMENT

Sec. 1201. Transportation planning

    Section 1201 clarifies considerations required of 
Metropolitan Planning Organizations (MPO) when designating 
officials or representatives. This section also enhances 
coordination among MPOs and encourages States and MPOs to use 
social media and other web-based tools to encourage public 
participation in the transportation planning process.

Sec. 1202. Fiscal constraint on long-range transportation plans

    Section 1202 clarifies that for purposes of developing a 
financial plan under a metropolitan transportation plan, any 
years beyond the 4-year transportation improvement plan horizon 
shall be considered outer years for purposes of financial plan 
requirements.

Sec. 1203. State human capital plans

    Section 1203 requires the Secretary to encourage States to 
develop a voluntary human capital plan for the immediate and 
long-term transportation-related personnel and workforce needs 
of the State. These voluntary human capital plans are to be 
publicly available and updated at least once every 5 years.

Sec. 1204. Prioritization Process Pilot Program

    Section 1204 establishes a prioritization process pilot 
program to support data-driven approaches to transportation 
planning. This section authorizes the Secretary to award grants 
to selected States and MPOs to fund the development and 
implementation of publicly accessible, transparent 
prioritization processes to assess and score projects according 
to locally determined priorities, and to use such evaluations 
to inform the selection of projects to include in 
transportation plans. The purpose of the pilot program is to 
support data-driven approaches to planning that, on completion, 
can be evaluated for public benefit.
    Pilot program grants may not exceed $2,000,000. States and 
MPOs that receive grants shall use funds to develop and 
implement a publically accessible, transparent prioritization 
process for the selection of projects for inclusion on the 
applicable long-term transportation plan. If a grant recipient 
has fully implemented a prioritization process, they may use 
any additional remaining grant funds for any transportation 
planning purpose. In the event that the inclusion or exclusion 
of a project on a transportation improvement program (TIP) or 
statewide transportation improvement program (STIP) deviates 
from the long-term transportation plan, the eligible entity is 
required to provide a public explanation for the decision.

Sec. 1205. Travel Demand Data and Modeling

    Section 1205 requires the Secretary to carry out a study of 
forecasted travel demand data compared to actual observed 
travel, and to use the findings of that study to inform State 
and MPO use of travel forecasting to evaluate the impacts of 
transportation investments on travel demand, to support more 
accurate travel demand forecasting, and to enhance the capacity 
of States and MPOs to forecast travel and track observed travel 
behavior. Research and tools can enable States and MPOs to more 
accurately evaluate the impacts of planned projects and can 
help agencies save significant resources while also supporting 
transportation decisionmaking that results in better 
performance outcomes.

Sec. 1206. Increasing safe and accessible transportation options

    Section 1206 requires each State and metropolitan planning 
organization to spend a minimum amount of funding for either 
the adoption of complete streets standards and policies, 
development of a complete streets prioritization plan, active 
and mass transportation planning, regional and megaregional 
planning to address travel demand through alternatives to 
highway travel, or transit-oriented development planning. This 
section provides an exemption for a State or MPO if it has 
Complete Streets standards and policies in place, and has 
developed an up-to-date prioritization plan.

          SUBTITLE C--PROJECT DELIVERY AND PROCESS IMPROVEMENT

Sec. 1301. Codification of One Federal Decision

    Section 1301 amends section 139 of title 23, United States 
Code, to provide new environmental review procedures and 
requirements for major projects. Under this section, the 
Department of Transportation is required to develop a schedule 
consistent with an agency average of two years to complete an 
environmental impact statement and requires accountability to 
the public when milestones are missed. Environmental documents 
under this section are limited to 200 pages unless a review is 
of unusual scope and complexity. The Secretary is also directed 
to work with relevant Federal agencies to adopt appropriate 
categorical exclusions to facilitate project delivery.

Sec. 1302. Work zone process reviews

    Section 1302 requires the Secretary to review work zone 
processes not more frequently than once every 5 years.

Sec. 1303. Transportation management plans

    Section 1303 requires the Secretary to clarify that only 
projects with a lane closure for 3 or more consecutive days are 
to be deemed significant and removes the requirement for a 
State to develop or implement a transportation management plan 
for any project that is not on the Interstate and that requires 
not more than three consecutive days of lane closures.

Sec. 1304. Intelligent transportation systems

    Section 1304 requires the Secretary to develop guidance for 
using existing flexibilities with respect to the systems 
engineering analysis. Specifically, this section requires the 
Secretary to ensure that the guidance clarifies criteria for 
low-risk and exempt intelligent transportation system projects 
to minimize unnecessary delays or paperwork burdens.

Sec. 1305. Alternative contracting methods

    Section 1305 provides the Secretary flexible authority to 
use contracting methods available to a State under title 23 on 
behalf of Federal land management agencies (and Tribes under 
section 202) in using funds under sections 203, 204, or 308 of 
title 23, or section 1535 of title 31. This section requires 
that the Secretary solicit input from stakeholders and consult 
with Federal land management agencies to establish clear 
procedures for alternative contracting methods that are 
consistent with Federal procurement requirements to the maximum 
extent practicable.

Sec. 1306. Flexibility for projects

    Section 1306 requires the Secretary, on request by a State, 
and if in the public interest, to exercise all existing 
flexibilities under the requirements of title 23 and other 
requirements administered by the Secretary to expedite 
processes.

Sec. 1307. Improved Federal-State stewardship and oversight agreements

    Section 1307 requires the Secretary to request public 
comment on a template for Federal-State stewardship and 
oversight agreements and requires the Secretary to update 
existing agreements with States according to the template.

Sec. 1308. Geomatic data

    Section 1308 requires the Secretary to develop and issue, 
for public comment, guidance for the acceptance and use of 
information obtained from a non-Federal interest through 
geomatic techniques, including remote sensing and land 
surveying, cartography, geographic information systems, global 
navigation satellite systems, photogrammetry, or other remote 
means.

Sec. 1309. Evaluation of projects within an operational right-of-way

    Section 1309 establishes deadlines for the review, 
response, and action by Federal agencies carrying out their 
permit, approval, or other authorization responsibilities over 
preventative maintenance, preservation, or highway safety 
projects (including certain turn lane projects) in the 
operational right-of-way. This section requires Federal 
agencies to provide at least a preliminary evaluation of the 
application within 45 days and subjects Federal agencies that 
do not meet the requirements of this section to a reporting 
requirement to describe why the deadline was missed.

Sec. 1310. Preliminary engineering

    Section 1310 eliminates the requirement in section 102(b) 
of title 23, United States Code, that a State repay Federal-aid 
reimbursements for preliminary engineering costs on a project 
that has not advanced to right-of-way acquisition or 
construction within 10 years.

Sec. 1311. Efficient implementation of NEPA for Federal lands 
        management projects

    Section 1311 allows for a Federal land management agency to 
more efficiently satisfy obligations under the National 
Environmental Policy Act of 1969 (NEPA) by relying upon an 
environmental document previously prepared by the Federal 
Highway Administration. This section also allows for a Federal 
Land Management Agency to use the categorical exclusions 
promulgated in the implementing regulations of the Federal 
Highway Administration if the use of the categorical exclusion 
does not otherwise conflict with the implementing regulations 
of the project sponsor.

Sec. 1312. National Environmental Policy Act of 1969 reporting program

    Section 1312 directs the Secretary to carry out a process 
to track, and annually 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 containing time to complete the NEPA 
process for an environmental impact statement and an 
environmental assessment.

Sec. 1313. Surface transportation project delivery program written 
        agreements

    Section 1313 extends the time period for a State to have an 
agreement to assume the responsibilities under the NEPA, from a 
term of not more than 5 years, to allow for any State that has 
participated in a program under this section for at least 10 
years, to have a term of 10 years.

Sec. 1314. State assumption of responsibility for categorical 
        exclusions

    Section 1314 extends the time period for a State to assume 
the responsibility for determining whether certain designated 
activities are categorical exclusions, from a term of not more 
than 3 years, to a term of 5 years, in the case of a State that 
has assumed the responsibility for categorical exclusions under 
this section for not fewer than 10 years.

Sec. 1315. Early utility relocation prior to transportation project 
        environmental review

    Section 1315 allows reimbursement with funds made available 
for title 23 projects for an ``early utility relocation 
project'' (defined as those relocation activities identified by 
the State for performance prior to completion of environmental 
review for the transportation project). In order for such 
reimbursement to occur, the early utility relocation project 
must subsequently be incorporated into a larger, authorized 
transportation project. In addition to the requirements for 
reimbursement, this section also outlines requirements for 
utility relocation prior to completion of environmental review, 
including that the early utility relocation project did not 
influence the environmental review process. This section does 
not exempt the utility relocation activities from environmental 
review under the NEPA or any other relevant laws or 
requirements.

Sec. 1316. Streamlining of section 4(f) reviews

    Section 1316 establishes a deadline for interagency 
consultation for Section 4(f) reviews and specifies that if 
comments are not received within 15 days of the deadline, the 
Secretary shall assume a lack of objection and proceed with the 
action.

Sec. 1317. Categorical exclusions for projects of limited Federal 
        assistance

    Section 1317 amends the existing categorical exclusion for 
projects of limited Federal funding.

Sec. 1318. Certain gathering lines located on Federal land and Indian 
        land

    Section 1318 provides the Secretary of the Interior 
discretion to establish a categorical exclusion for certain 
gathering lines that would reduce vented, flared, or avoidably 
lost natural gas from or vehicular traffic servicing onshore 
oil and gas wells on Federal land and, with tribal consent, 
Indian land, as described in a sundry notice or right-of-way 
submitted to the Bureau of Land Management or, where 
applicable, the Bureau of Indian Affairs.

Sec. 1319. Annual report

    Section 1319 requires the Secretary to submit to Congress 
an annual report describing certain projects that are five 
years or more behind schedule or exceed the original cost 
estimate for the project by $1 billion.

                       SUBTITLE D--CLIMATE CHANGE

Sec. 1401. Grants for charging and fueling infrastructure

    Section 1401 directs the Secretary to establish a grant 
program for Alternative Fuel Corridors, as well as a set-aside 
grant program for Community grants. These programs are designed 
to strategically deploy publicly accessible electric vehicle 
charging infrastructure, hydrogen fueling infrastructure, 
propane fueling infrastructure, and natural gas fueling 
infrastructure along designated alternative fuel corridors or 
in certain other locations that will be accessible to all 
drivers of electric vehicles, hydrogen vehicles, propane 
vehicles, and natural gas vehicles. Eligible entities include a 
State or political subdivision of a State, a metropolitan 
planning organization, a unit of local government, a special 
purpose district or public authority with a transportation 
function, including a port authority, an Indian tribe, and a 
territory of the United States. Section 1401 would also make 
the process of designating alternative fuel corridors periodic 
and recurring, and also modifies a reporting deadline
    Eligible entities under the program are all public entities 
and are comprised of: a State or political subdivision of a 
State; an MPO; a unit of local government; a special purpose 
district or public authority with a transportation function; an 
Indian tribe; an authority entity, agency, or instrumentality 
of, or an entity owned by, one or more of the preceding 
eligible entities; and a group of the preceding eligible 
entities.
    Applications must include a description of how the eligible 
entity has considered public accessibility relative to the 
proposed project, collaborative engagement with stakeholders, 
the location of the proposed project, responsiveness to 
technology advancements, and the long-term operation and 
maintenance of the proposed project.
    In selecting eligible entities to receive grants, the 
Secretary must consider whether an application would improve 
alternative fueling corridor networks, meet the current or 
anticipated market for charging or alternative fueling 
infrastructure, enable or accelerate the construction of 
charging or alternative fueling infrastructure that would be 
unlikely to be completed without Federal assistance, and 
support a long-term competitive market for alternative fueling 
and charging infrastructure. Additionally, the Secretary must 
consider geographic diversity among applicants, the finances 
and experience of private entity contractors, and the adequacy 
of agreements between eligible entities and their private 
entity contractors.
    Grants for the alternative fuel corridors are to be used to 
contract with a private entity for acquisition and installation 
of publicly accessible alternative fuel vehicle charging and 
fueling infrastructure that is directly related to the charging 
or fueling of a vehicle. Such infrastructure is to be located 
along an alternative fuel corridor either designated under 
section 151, or by a State or group of States on the condition 
that any affected Indian tribes are consulted before the 
designation. Eligible entities may use a portion of grant funds 
to provide a private entity operating assistance for the first 
five years of operations after infrastructure installation.
    Eligibility includes propane fueling infrastructure, but 
limits it to infrastructure for medium- and heavy-duty 
vehicles.
    Fifty percent of the total program funds will be made 
available each fiscal year for Community Grants, to install EV 
charging and alternative fuel in locations on public roads, 
schools, parks, and in publicly accessible parking facilities. 
These grants will be prioritized for rural areas, low- and 
moderate income neighborhoods, and communities with low ratios 
of private parking, or high ratios of multiunit dwellings. The 
Committee intent in identifying these priority areas is to 
address EV charging and alternative fueling needs in areas 
where at-home charging is likely to be challenging, presenting 
a barrier to adoption of EV or alternative fuel vehicles.
    The Federal cost-share for a project may not exceed 80 
percent. Further, as a condition of contracting with an 
eligible entity, a private entity must agree to pay the non-
Federal share of project costs.
    The Committee intends for this program to support 
deployment of a nationwide network of electric charging and 
alternative fueling infrastructure that will support the 
reduction of vehicle emissions to mitigate the impact of the 
transportation sector on climate change. The Committee 
recognizes the role played by the private sector in providing 
charging and alternative fueling stations in convenient, 
secure, public locations. It is not the intent of the committee 
to harm private business plans for charging or alternative fuel 
infrastructure, but to ensure that the public interest in 
building out a nationwide network of electric charging and 
alternative fueling infrastructure is achieved, including in 
markets in which private entities are not currently providing 
charging or alternative fueling infrastructure. Other than for 
the Community grants, it is the Committee's intent that 
priority be given to eligible entities that partner with 
private entities that would own and operate the infrastructure, 
however the Committee does not intend to impose any limitations 
on entities partnering with regulated entities to own and 
operate the refueling infrastructure, particularly in markets 
where no private entities have partnered to apply for grants.

Sec. 1402. Reduction of truck emissions at port facilities

    Section 1402 establishes a program to reduce idling and 
emissions at port facilities. This section requires the 
Secretary to study how ports would benefit from electrification 
and to study emerging technologies that reduce emissions from 
idling trucks. This section requires the Secretary to 
coordinate and fund projects through competitive grants that 
reduce port-related emissions from idling trucks. This Section 
requires that any project funded under a grant under this 
section shall be treated as a project on a Federal-aid highway. 
This section requires the Secretary to submit a report to 
Congress detailing the status and effectiveness of the program.

Sec. 1403. Carbon reduction program

    Section 1403 establishes a carbon reduction program to 
reduce transportation emissions. Eligible projects include a 
project to establish or operate a traffic monitoring, 
management, and control facility or program, including advanced 
truck stop electrification systems, a public transportation 
project that is eligible for assistance under section 142 
(Public Transportation), the construction, planning, and design 
of on-road and off-road trail facilities for pedestrians and 
bicyclists, a project for advanced transportation and 
congestion management technologies, a project for the 
deployment of infrastructure-based intelligent transportation 
systems capital improvements, the installation of vehicle to 
infrastructure communications equipment, including retrofitting 
dedicated short-range communications (DSRC) technology, a 
project to replace street lighting and traffic control devices 
with energy-efficient alternatives, and the development of a 
carbon reduction strategy.
    This section provides flexibility for States regarding the 
use of their funding for this program if they have made 
progress in reducing transportation emissions, demonstrating 
reductions that are certified by the Secretary, and represent 
an emissions reduction measured both on a per-capita basis and 
on a per-GDP basis.
    This section also establishes that two years after the date 
of enactment a State, in consultation with any metropolitan 
planning organization designated within the State, shall 
develop a carbon reduction strategy that supports efforts to 
reduce transportation emissions from current levels, identifies 
projects and strategies to reduce transportation emissions, 
supports the achievement of targets for the reduction of 
transportation emissions, quantifies the total carbon emissions 
from the production, transport, and use of materials used in 
the construction of transportation facilities within the State, 
and is appropriate to the population density and context of the 
State. 65 percent of funding under this program would be 
suballocated by population.
    Section 1403 also permits, at the request of a State, that 
the Secretary shall provide technical assistance in the 
development of the carbon reduction strategy.

Sec. 1404. Congestion relief program

    Subsection (a) of Section 1404 establishes a congestion 
relief program to provide competitive grants to States, local 
governments, and metropolitan planning organizations, for 
projects in large urbanized areas to advance innovative, 
integrated, and multimodal solutions to congestion relief in 
the most congested metropolitan areas of the United States.
    The goals of the congestion relief program are to reduce 
highway congestion, economic and environmental costs related to 
congestion, and to optimize existing highway capacity and usage 
of transit systems that provide alternatives to highways. To 
achieve these goals, the program allows States and MPOs to 
compete for grants for eligible projects within urbanized areas 
containing populations of more than 1,000,000 people. Grant 
awards shall be not less than $10,000,000. Eligible projects 
consist of planning, design, implementation, and construction 
activities to achieve program goals, including the deployment 
and operation of mobility services, integrated congestion 
management systems, and systems that implement or enforce high 
occupancy vehicle toll lanes, cordon pricing, parking pricing, 
or congestion pricing. Incentive programs that encourage 
travelers to carpool or use non-highway travel modes are also 
included. When selecting grants, the Secretary shall give 
priority to eligible projects located in urbanized areas that 
are experiencing high degrees of recurrent congestion. The 
Federal cost-share shall not exceed 80 percent of the total 
cost of a project.
    In addition, the congestion relief program permits the 
Secretary to allow the use of tolls on the Interstate System as 
part of a project carried out with a program grant, subject to 
certain requirements. The Secretary may not approve the use of 
tolls on the Interstate System under the program in more than 
10 urbanized areas.
    Subsection (b) of Section 1404 amends section 129(a) of 
title 23 to require toll facilities on the Interstate System 
constructed or converted after the date of enactment to allow 
high occupancy vehicles, transit, and paratransit vehicles to 
use the facility at a discounted rate or without charge unless 
the public authority determines that the number of such 
discounted vehicles would reduce the travel time reliability of 
the facility.

Sec. 1405. Freight plans

    Section 1405 adds new strategies for inclusion within the 
national freight strategic plan, including strategies to 
promote resilience, national economic growth and 
competitiveness, and strategies to reduce local air pollution 
and water runoff. This section does not add or establish new 
procedural requirements for the approval of State freight 
plans, and requires the Secretary to approve plans that comply 
with statutory requirements.

Sec. 1406. Promoting Resilient Operations for Transformative, 
        Efficient, and Cost-saving Transportation (PROTECT) grant 
        program

    Section 1406 establishes a formula and competitive grant 
program to help States improve the resiliency of transportation 
infrastructure. The new program will make existing surface 
transportation infrastructure more resilient to the effects of 
extreme weather, flooding, and natural disasters that threaten 
the safety and longevity of surface transportation assets.
    Resilience grants authorized under the PROTECT program 
comprise resilience improvement grants, community resilience 
and evacuation route grants to fund projects that improve and 
protect emergency evacuation routes, and at-risk coastal 
infrastructure grants to address the resilience needs of 
coastal States.
    This section describes the required plan contents of a 
voluntary resilience improvement plan, and allows a State or 
eligible entity that receives a grant to have the non-Federal 
share of projects reduced if the State or eligible entity meets 
certain voluntary planning requirements. Specifically, as an 
incentive to States, the non-Federal share of projects carried 
out with PROTECT funds can be reduced by seven percent if a 
State or eligible entity develops a resiliency improvement 
plan, and reduced by an additional three percent if a State or 
eligible entity incorporates a resiliency improvement plan 
within its long-range statewide transportation plan or 
metropolitan transportation plan.

Sec. 1407. Healthy Streets program

    Section 1407 establishes a discretionary grant program, to 
be known as the ``Healthy Streets program,'' to provide grants 
to eligible entities to deploy cool pavements and porous 
pavements and to expand tree cover, with a focus on improving 
equity for low-income communities and communities of color. The 
goals of the program are to mitigate urban heat islands, 
improve air quality, and reduce the extent of impervious 
surfaces, storm water runoff and flood risks, and heat impacts 
to infrastructure and road users.

                       SUBTITLE E--MISCELLANEOUS

Sec. 1501. Additional deposits into Highway Trust Fund

    Section 1501 repeals section 105 of title 23. Because STRA 
authorizes funding for Federal-aid highway and highway safety 
programs for fiscal years 2022 through 2026, there is no need 
for additional funding to be automatically authorized in the 
manner contemplated under section 105 of title 23.

Sec. 1502. Stopping threats on pedestrians

    Section 1502 establishes a grant program to provide 
assistance to State DOTs and local government entities for 
bollard installation projects designed to prevent pedestrian 
injuries and acts of terrorism in areas used by large numbers 
of pedestrians. The program is authorized for appropriations at 
$5,000,000 for each of fiscal years 2022 through 2026.

Sec. 1503. Transfer and sale of toll credits

    Section 1503 establishes a toll credit exchange on a pilot 
basis to enable the Secretary to evaluate the feasibility of 
and demand for a toll credit marketplace through which States 
could sell, transfer, or purchase toll credits. The Secretary 
may only select up to 10 States to participate in the pilot 
program, which allows originating States to transfer or sell 
toll credits pursuant to section 120(i) of title 23, United 
States Code. This section allows recipient States to use a 
credit toward the non-Federal share requirement for any funds 
made available under title 23 or chapter 53 of title 49, United 
States Code. Under this section, an originating State shall use 
the proceeds from the sale of a credit for the construction 
costs of any title 23 eligible project within that State. 
Originating and recipient States shall submit to the Secretary 
a written notification not later than 30 days after the date on 
which a credit is transferred or sold. Under this section, the 
Secretary must verify the amount of unused toll credits and 
provide a publicly accessible website where originating States 
shall post the verified amount of toll credits available for 
sale or transfer. The Secretary shall submit an initial and 
final report to the Committee on Environment and Public Works 
of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives not later than 1 
and 3 years, respectively, after the date of establishment of 
the pilot program.

Sec. 1504. Study of impacts on roads from self-driving vehicles

    Section 1504 directs the Secretary to initiate a study on 
the existing and future impacts of self-driving vehicles to 
transportation infrastructure, mobility, the environment, and 
safety, including impacts on the Interstate System, urban 
roads, rural roads, corridors with heavy traffic congestion, 
and transportation systems optimization. The study under shall 
include specific recommendations for both rural and urban 
communities regarding the impacts of self-driving vehicles on 
existing transportation system capacity.

Sec. 1505. Disaster relief mobilization study

    Section 1505 directs the Secretary to carry out a study to 
determine the utility of incorporating the use of bicycles into 
the disaster preparedness and disaster response plans of local 
communities. The study will looks at a vulnerability assessment 
of the infrastructure in local communities that supports active 
transportation, including bicycling, walking, and personal 
mobility devices, with a particular focus on areas in 
communities that have low levels of vehicle ownership and lack 
sufficient active transportation infrastructure routes to 
public transportation. Not later than two years after 
enactment, 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 report that describes the results of the 
study carried out and provides recommendations, if any, 
relating to the methods by which to incorporate bicycles into 
disaster preparedness and disaster response plans of local 
communities and improvements to training programs.

Sec. 1506. Appalachian Regional Commission

    Section 1506 reauthorizes the Appalachian Regional 
Commission (ARC) at $200,000,000 for each of fiscal years 2022 
through 2026, including $5,000,000 per year to establish an 
Appalachian Regional Energy Hub and $20,000,000 per year to 
deploy high-speed broadband in the Appalachian region. This 
section also adds Catawba and Cleveland counties (in North 
Carolina) and Union County (in South Carolina) as part of the 
Appalachian region for purposes of the ARC.

Sec. 1507. Denali Commission

    Section 1507 amends the Denali Commission Act of 1998 by 
directing that funds transferred to the Commission from another 
Federal agency not be subject to any requirements that applied 
to the funds before the transfer, including a requirement in an 
appropriations act or a requirement or regulation of the agency 
from which the funds are transferred. This section also 
authorizes for appropriations $20 million for each of fiscal 
years 2022 through 2026.

Sec. 1508. Requirements for transportation projects carried out through 
        public-private partnerships

    Section 1508 contains transparency requirements for 
projects carried out through public-private partnerships with 
an estimated cost of $100,000,000 or more. Specifically, this 
section requires that as a condition to receiving Federal 
financial assistance for a project, a public partner must 
disclose and certify certain information relating to the 
private partner's satisfaction of the terms of the public-
private partnership agreement not later than 3 years after the 
date of the opening of the project to traffic. This section 
also requires the Secretary to provide Congress with 
notification when projects are carried out through public-
private partnerships. This section also requires project 
sponsors receiving Federal loans or grants to include a 
detailed value for money analysis within the financial plan if 
the project sponsor intends to carry out the project through a 
public-private partnership. This section makes such analysis an 
eligible expense under the Surface Transportation Block Grant 
program.

Sec. 1509. Reconnecting communities pilot program

    Section 1509 establishes a community connectivity pilot 
program through which eligible entities may apply for planning 
funds to study the feasibility and impacts of removing, 
retrofitting, or mitigating an existing transportation 
facilities that create barriers to mobility, access, or 
economic development, and for construction funds to carry out a 
project to remove, retrofit or mitigate an eligible facility 
and, if appropriate, to replace it with a new facility, 
including an at-grade boulevard. The Committee intends that 
retrofitting an eligible facility could include the repurposing 
or reuse of the facility for a different purpose, such as a 
greenway, trail, or recreational facility, and that mitigating 
an existing eligible facility would include design changes to 
restore connectivity such as by capping a below-grade highway.
    An eligible facility includes a limited access highway, 
viaduct, or any other principal arterial facility that creates 
a barrier to community connectivity, including barriers to 
mobility, access, or economic development, due to high speeds, 
grade separations, or other design factors.
    This section allows the Secretary to award planning grants 
and provide technical assistance to eligible entities. Planning 
grant awards may not exceed $2,000,000, and the Federal cost-
share for a project may not exceed 80 percent.
    This section also allows the Secretary to award capital 
construction grants to owners of eligible facilities for 
eligible projects for which all necessary feasibility studies 
(and other planning activities) have been completed. Eligible 
projects include the removal and replacement of eligible 
facilities. Capital construction grants must be at least 
$5,000,000. The Federal cost-share for a project may not exceed 
50 percent, and the maximum Federal involvement shall not 
exceed 80 percent. This subsection also allows grantees to form 
community advisory boards to help achieve inclusive economic 
development benefits with respect to the project for which a 
grant is awarded.
    The Secretary may not use more than $15,000,000 during the 
period of fiscal years 2022 through 2026 to provide technical 
assistance under this section.

Sec. 1510. Cybersecurity tool; cyber coordinator

    Section 1510 requires the Federal Highway Administration to 
develop a tool to assist transportation authorities in 
identifying, detecting, protecting against, responding to, and 
recovering from cyber incidents. This section requires the FHWA 
to use the cybersecurity framework established by the National 
Institute of Standards and Technology, to establish a 
structured cybersecurity assessment and development program, 
and to provide for a period of public review and comment on the 
tool. This section requires the FHWA to designate an office as 
a ``cyber coordinator'' for monitoring, alerting, and advising 
transportation authorities of cyber incidents. It is the 
intention of the Committee that the scope of this section be 
limited to actions undertaken by the FHWA and those State and 
local authorities within its oversight jurisdiction, and that 
those actions be coordinated with other cybersecurity-related 
efforts elsewhere in the Department.

Sec. 1511. Report on emerging alternative fuel vehicles and 
        infrastructure

    Section 1511 directs the Secretary to make publicly 
available a report that includes an evaluation of emerging 
alternative fuel vehicles and projections for potential 
locations of emerging alternative fuel vehicle owners during 
the 5-year period beginning on the date of submission of the 
report, identifies areas where emerging alternative fueling 
infrastructure will be needed to meet the current and future 
needs of drivers during the 5-year period beginning on the date 
of submission of the report, identifies specific areas, such as 
a lack of pipeline infrastructure, that may impede deployment 
and adoption of emerging alternative fuel vehicles, includes a 
map that identifies concentrations of emerging alternative fuel 
vehicles to meet the needs of current and future emerging 
alternative fueling infrastructure, estimates the future need 
for emerging alternative fueling infrastructure to support the 
adoption and use of emerging alternative fuel vehicles, and 
includes a tool to allow States to compare and evaluate 
different adoption and use scenarios for emerging alternative 
fuel vehicles, with the ability to adjust factors to account 
for regionally specific characteristics. The Committee notes 
that the Secretary's report on future investments should 
consider, among other things, the use of continuous, real-time, 
edge-processing based video analytic devices and sensors to 
provide actual vehicle traffic data over time and by vehicle 
class along alternative fuel corridors. Anonymized data 
collected by such means would help support the creation of maps 
that show the actual volume of alternative fuel vehicles as 
well as identify concentrations of such vehicles.

Sec. 1512. Nonhighway recreational fuel study

    Section 1512 authorizes a study and recurring report to 
produce the best available estimate of the total amount of fuel 
taxes paid by users of non-highway recreational vehicles into 
the Highway Trust Fund. This section provides that the study 
will be used to assist Congress in determining an appropriate 
funding level for the recreational trails program.

Sec. 1513. Buy America

    Section 1513 requires the Secretary to issue a public 
notice 15 days in advance of issuing a waiver for the Buy 
America requirement for Federal-aid projects and to report to 
Congress annually on all such waivers.

Sec. 1514. High priority corridors on the National Highway System

    Section 1514 amends section 1105 of the Intermodal Surface 
Transportation Efficiency Act by adding new future Interstate 
designations along corridors in North Carolina, Kentucky, 
Arkansas and Mississippi. This section also requires the 
Comptroller General to submit a report to Congress on the 
safety and infrastructure impacts, if any, of the continuation 
of currently applicable weight limits on those specific highway 
segments after those segments are open for operation as part of 
the Interstate system.

Sec. 1515. Interstate weight limits

    Section 1515 amends section 127 of title 23, United States 
Code to continue current weight limits by adding exemptions to 
Federal truck weight limits along specific corridors in North 
Carolina and Kentucky should those specified corridors become 
designated as a route on the Interstate System.

Sec. 1516. Report on air quality improvements

    Section 1516 requires the Comptroller General of the United 
States to conduct an evaluation of CMAQ that includes 
consideration of reductions in certain emissions that have 
resulted from projects under the program, the cost-
effectiveness of such reductions, the results of investments 
under the program in certain communities, the effectiveness of 
certain performance measures established for traffic congestion 
and on-road mobile source emissions, and the extent to which 
the program lacks eligibilities for additional project types 
that would be likely to contribute to higher air quality.

Sec. 1517. Roadside highway safety hardware

    Section 1517 requires the Secretary, to the greatest extent 
possible, to implement recommendations from a Government 
Accountability Office (GAO) Report entitled ``Highway Safety: 
More Robust DOT Oversight of Guardrails and Other Roadside 
Hardware Could Further Enhance Safety'' published in June 2016 
and numbered GAO-16-575. GAO recommendations call for the 
Secretary to develop a third-party verification of roadside 
safety hardware testing results from crash test labs and to 
establish a process to enhance the independence of crash test 
labs when lab employees test devices that were developed within 
the parent organization of the employee. While Federal-aid 
eligibility letters issued by FHWA are not required for 
roadside safety hardware to be eligible for Federal-aid 
reimbursement, this section directs FHWA to continue issuing 
Federal-aid eligibility letters as a service to States until 
the third-party verification processes are complete.

Sec. 1518. Permeable pavements study

    Section 1518 requires the Secretary to conduct a study on 
the effects of permeable pavements on flood control and to 
develop related models and best practices. This section 
requires the Secretary to make a report on the results of the 
study available publicly.

Sec. 1519. Emergency relief projects

    Section 1519 requires the Secretary to revise the Emergency 
Relief (ER) program manual of FHWA to: include a definition of 
resilience; identify procedures that may be used to incorporate 
resilience into ER projects; encourage the use of complete 
streets design principles in ER projects; develop best 
practices for improving the use of resilience in ER projects; 
and to develop and implement a process to track the 
consideration of resilience as part of the ER program as well 
as the cost of ER projects.

Sec. 1520. Study on stormwater best management practices

    Section 1520 requires the Secretary and Administrator of 
EPA to offer to enter into an agreement with TRB to conduct a 
study on stormwater runoff from highways and pedestrian 
facilities and provide recommendations regarding potential 
stormwater management recommendations for State departments of 
transportation. The study will also examine the potential for 
the Secretary to assist State departments of transportation in 
implementing and communicating stormwater management practices 
for highways and pedestrian facilities.

Sec. 1521. Stormwater best management practices reports

    Section 1521 requires the Administrator of FHWA to update 
and reissue two existing stormwater best management practices 
reports to reflect new information and advancements in the 
field. In addition, this section instructs the Administrator to 
continue updating the two reports not less frequently than once 
every five years, unless the reports are either withdrawn or 
incorporated into regulations.

Sec. 1522. Invasive plant elimination program

    Section 1522 establishes a new grant program to fund 
projects by States to eliminate or control existing invasive 
plants or prevent introduction of or encroachment by new 
invasive plants along and in areas adjacent to transportation 
corridor rights-of-way. The term ``invasive plant'' means a 
nonnative plant, tree, grass, or weed species. This section 
requires the Secretary to prioritize projects that utilize 
native plants and wildflowers. This section limits amounts to 
be used for equipment to not more than ten percent and 
administrative and indirect costs to not more than five 
percent. This section requires each grantee to coordinate with 
local authorities and to report annually on the uses of the 
funds. This section limits the Federal share to 50 percent 
except in the case of projects that utilize native plants and 
wildflowers which are eligible for 75 percent Federal share. 
This section authorizes the program for appropriations at 
$50,000,000 per year for each of fiscal years 2022 through 
2026.

Sec. 1523. Over-the-road bus tolling equity

    Section 1523 amends title 23 to ensure there is 
accountability for equal access to certain tolled facilities 
between over-the-road buses and public transportation buses. 
This section adds a reporting requirement for public 
authorities, and further extends an existing audit requirement 
to include an audit for reporting compliance.

Sec. 1524. Bridge terminology

    Section 1524 modernizes bridge terminology used in title 
23.

Sec. 1525. Technical corrections

    Section 1525 makes technical corrections to title 23 of the 
United States Code.

Sec. 1526. Working group in covered resources

    Section 1526 directs the Secretary to convene a working 
group to study the use of aggregate resources in Federal 
transportation projects and how the proximity of aggregate 
resources impacts costs and the environment. The group will 
also examine how state, tribal, and local transportation and 
planning agencies may consider aggregates resources when 
developing projects, and identify measures the Federal 
government, state, tribal and local transportation and planning 
agencies may take to preserve currently identified aggregate 
resources for future development. The results of the study are 
submitted in a report to Congress.

Sec. 1527. Blood transport vehicles

    Section 1527 permits public authorities with jurisdiction 
over high-occupancy vehicle (HOV) facilities to allow blood 
transport vehicles to use the HOV facility under certain 
circumstances.

Sec. 1528. Pollinator-friendly practices on roadsides and highway 
        rights-of-way

    Section 1528 establishes a program to provide grants to 
carry out activities that benefit pollinators on roadsides and 
highway rights-of-way, and authorizes for appropriations $2 
million for each of fiscal years 2022 through 2026 for the 
program.

Sec. 1529. Active transportation infrastructure investment program

    Section 1529 directs the Secretary to carry out an active 
transportation infrastructure investment program that provides 
grants on a competitive basis to eligible entities. This 
section also requires the Secretary to initiate a rulemaking 
that encourages the use of programmatic categorical exclusion, 
expedited procurement techniques, and other best practices in 
regards to connecting active transportation systems.
    Eligible projects include construction of active 
transportation networks that connect people with public 
transportation, businesses, workplaces, schools, residences, 
recreation areas, and other community activity centers. Greater 
Federal-share (up to 100 percent) would be available for 
projects that serve communities with a poverty rate over 40 
percent. This section authorizes for appropriations $200 
million for each of fiscal years 2022 through 2026 for the 
program.

     TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 
        1998 amendments

    Section 2001 makes several updates to the Transportation 
Infrastructure Finance and Innovation Act (TIFIA) program 
intended to increase program utilization, streamline the 
application process for assistance, and increase transparency 
in the vetting process for projects seeking TIFIA funds. This 
section extends the period during which contingent commitments 
under a master credit agreement must result in a financial 
close from three years to five years.
    This section raises the threshold for securing multiple 
credit rating agency opinions from $75,000,000 to $150,000,000. 
This section requires the Secretary to provide applicants with 
an estimate of the timeline of application approval or 
disapproval and, to the maximum extend practical, such estimate 
shall be less than 150 days from the submission of a letter of 
interest. In the case of government borrowers, this section 
removes the requirement that loans be prepaid with excess 
revenues so long as those revenues are used for surface 
transportation projects. This section also adds new criteria to 
the streamlined application process for public agency borrowers 
intended to increase the likelihood that the Secretary will be 
able to move more projects through the process expeditiously. 
This section extends the authority to use a portion of TIFIA 
funding for administrative costs through fiscal year 2026. This 
section increases overall transparency in the TIFIA process by 
requiring DOT to publish status reports online.
    This section adds or modifies several eligibilities under 
the TIFIA loan program. It adds eligibility for public 
infrastructure located near transportation facilities to 
promote transit-oriented development subject to a September 30, 
2025 letter of interest deadline and a cap on the funding 
available for such projects. This section also adds eligibility 
for airport-related projects subject to a September 30, 2024 
letter of interest deadline and a cap on the funding available 
for such projects, and requires the Secretary to report to 
Congress on the impact of this new eligibility on the use of 
TIFIA funds including recommendations for permanent 
modifications to the program. This section adds eligibility for 
projects to acquire plant and wildlife habitats pursuant to a 
transportation project environmental impact mitigation plan.
    This section also extends the repayment terms for TIFIA 
loans for certain assets to the lesser of 75 years, or 75 
percent of an asset's useful life to lower the financing costs 
for these assets. The Committee's intent is for the DOT to 
consider whether a project for which a TIFIA loan is sought is 
expected to have a long useful life, and if so, to consider 
using a longer repayment schedule.
    Section 2001 also extends the authorization of State 
Infrastructure Bank program through fiscal year 2026.

              TITLE III--RESEARCH TECHNOLOGY AND EDUCATION

Sec. 3001. Strategic Innovation for Revenue Collection

    Section 3001 reauthorizes and renames the Surface 
Transportation System Funding Alternatives Program, to continue 
the program to test the feasibility of a road usage fee and 
other user-based alternative revenue mechanisms to help 
maintain the long-term solvency of the Highway Trust Fund, 
through pilot projects at the State, local, and regional level. 
The section expands eligible applicants from States DOTs, to 
include a local government or a group of local governments, a 
metropolitan planning organization, and a group of metropolitan 
planning organizations. The section also increases the Federal-
share for the program to 80 percent of the total cost of a 
project carried out by an eligible entity that has not 
otherwise received a grant under this section, and 70 percent 
of the total cost of a project carried out by an eligible 
entity that has received at least 1 grant previously. The 
Committee notes that DOT should seek opportunities to advance 
State, local, or regional grants that will also support and 
integrate with the national-level research conducted under 
section 3002.

Sec. 3002. National motor vehicle per-mile user fee pilot

    Section 3002 directs the Secretary, in coordination with 
the Secretary of the Treasury, to establish a pilot program to 
demonstrate a national motor vehicle per-mile user fee. In 
carrying out the pilot program, the Secretary, in coordination 
with the Secretary of the Treasury, shall provide different 
methods that volunteer participants can choose from to track 
motor vehicle miles traveled, solicit volunteer participants 
from all 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico, ensure an equitable geographic 
distribution by population among volunteer participants, and 
include commercial vehicles and passenger motor vehicles. For 
the purposes of the pilot program, the Secretary of the 
Treasury shall establish, on an annual basis, per-mile user 
fees for passenger motor vehicles, light trucks, and medium- 
and heavy-duty trucks, which amount may vary between vehicle 
types and weight classes to reflect estimated impacts on 
infrastructure, safety, congestion, the environment, or other 
related social impacts.
    The section also establishes a Federal System Funding 
Alternative Advisory Board to assist with providing the 
Secretary with recommendations related to the structure, scope, 
and methodology for developing and implementing the pilot 
program, carrying out the public awareness campaign, and 
developing a report. Not later than 1 year after the date on 
which volunteer participants begin participating in the pilot 
program, and each year thereafter for the duration of the pilot 
program, the Secretary and the Secretary of the Treasury 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 that includes an 
analysis of whether the objectives were achieved, how volunteer 
participant protections were complied with, whether motor 
vehicle per-mile user fees can maintain the long-term solvency 
of the Highway Trust Fund and improve and maintain the surface 
transportation system, which shall include estimates of 
administrative costs related to collecting such motor vehicle 
per mile user fees, how the privacy of volunteers was 
maintained, and equity impacts of the pilot program, including 
the impacts of the pilot program on low-income commuters.

Sec. 3003. Performance management data support program

    Section 3003 extends the authorization and provides a 
funding source for FHWA to develop, use, and maintain data sets 
and data analysis tools to MPOs and States in carrying out 
performance management analyses and requirements. A national 
performance management program provides information to help 
Federal, State, and local governments and others in their 
decision-making as they consider strategic transportation 
investments and policies.

Sec. 3004. Data Integration pilot program

    Section 3004 authorizes for appropriation from the General 
Fund, $2,500,000 for each of fiscal years 2022 through 2026 to 
research and develop models that integrate real-time 
information, including weather conditions, roadway conditions, 
and information from emergency responders. This section 
authorizes the Secretary to facilitate data integration between 
DOT and the National Weather Service, as well as address 
safety, resiliency, and vulnerability threats, by providing 
tools to help public safety officials and end users make 
important transportation decisions.

Sec. 3005. Emerging technology research pilot program

    Section 3005 establishes a pilot program to conduct 
emerging technology research, specifically including advanced 
and additive manufacturing (3-D printing) technologies, as well 
as research into activities to reduce the impact of automated 
driving systems and advanced driver automation systems 
technologies on pavement and infrastructure performance, and to 
improve transportation infrastructure design. This section 
authorizes for appropriation from the General Fund $5,000,000 
for each of fiscal years 2022 through 2026 to support the pilot 
program.

Sec. 3006. Research and technology development and deployment

    Section 3006 expands the objectives of the Turner Fairbank 
Highway Research Center to support research on non-market ready 
technologies in consultation with public and private entities. 
This section establishes an open challenge and research 
proposal pilot program that provides grants for proposals to 
research needs or challenges identified or determined to be 
important by the Secretary. This section also expands the 
Technology and Innovation Deployment Program by adding a focus 
on accelerated market readiness efforts, and increases funding 
for the program, including $100,000,000 in new and innovative 
construction technologies for smarter, accelerated project 
delivery. This section extends the authorization for the 
Accelerated Implementation and Deployment of Pavement 
Technologies program and adds pavement-related considerations 
to enhance the environment and promote sustainability in the 
reporting under this program. The modified Advanced 
Transportation Technologies and Innovative Mobility Deployment 
program includes intermodal connectivity and a rural set-aside 
of not less than 20 percent. This section also expands the 
eligibility under this program to include retrofitting 
dedicated short-range communications (DSRC) technology deployed 
as part of an existing pilot program to cellular vehicle-to-
everything technology. This section also authorizes a new 
Center of Excellence on New Mobility and Automated Vehicles to 
research the impact of automated vehicles and new mobility, 
such as docked and dockless bicycles and electric scooters.

Sec. 3007. Workforce development, training, and education

    Section 3007 provides authority to allow States greater 
flexibility to address surface transportation workforce 
development, training, and education needs, including 
activities that address current workforce gaps, such as work on 
construction projects. This section permits States to obligate 
funds for purposes such as pre-apprenticeships, 
apprenticeships, and career opportunities for on-the-job 
training, and vocational school support. This section modifies 
an existing grant program under section 504(f) in title 23 that 
requires the Secretary to make workforce development grants. 
This section expands the eligibility of educational 
institutions beyond institutions of higher education. This 
section also authorizes the Secretary to award grants for 
training deployment purposes beyond the development, testing, 
and review of new curricula and education programs. This 
section encourages coordination and partnership with 
stakeholders, including industry, construction, labor 
organizations, and relevant government agencies, such as the 
U.S. Department of Labor Employment and Training 
Administration, the U.S. Department of Education, and State, 
regional, and local partners, such as Workforce Development 
Boards. This section also establishes minimum reporting 
requirements for grant recipients to establish accountability 
in the award of grants.

Sec. 3008. Wildlife-vehicle collision research

    Section 3008 adds animal detection systems to reduce the 
number of wildlife-vehicle collisions as eligible for priority 
consideration for intelligent transportation system (ITS) 
research projects. This section amends membership of the 
advisory committee required to advise the Secretary on carrying 
out ITS programs.

Sec. 3009. Transportation Resilience and Adaptation Centers of 
        Excellence

    Section 3009 directs the Secretary to designate 10 regional 
Centers of Excellence for Resilience and Adaptation and 1 
national Center of Excellence for Resilience and Adaptation, 
which shall serve as a coordinator for the regional Centers, to 
receive grants to advance research and development that 
improves the resilience of regions of the United States to 
natural disasters, extreme weather, and the effects of climate 
change on surface transportation infrastructure and 
infrastructure dependent on surface transportation. Subject to 
the availability of appropriations, the Secretary shall provide 
to each Center of Excellence a grant of not less than 
$5,000,000 for each of fiscal years 2022 through 2031 to carry 
out the activities.
    Activities include supporting climate vulnerability 
assessments informed by climate change science, including 
national climate assessments produced by the United States 
Global Change Research Program under section 106 of the Global 
Change Research Act of 1990 (15 U.S.C. 2936), relevant 
feasibility analyses of resilient transportation improvements, 
and transportation resilience planning, development of new 
design, operations, and maintenance standards for 
transportation infrastructure that can inform Federal and State 
decisionmaking, research and development of new materials and 
technologies that could be integrated into existing and new 
transportation infrastructure, development, refinement, and 
piloting of new and emerging resilience improvements and 
strategies, including natural infrastructure approaches and 
relocation, development of and investment in new approaches for 
facilitating meaningful engagement in transportation 
decisionmaking by local, Tribal, regional, or national 
stakeholders and communities, technical capacity building, 
workforce development and training, development and 
dissemination of data, tools, techniques, assessments, and 
information that informs Federal, State, Tribal, and local 
government decisionmaking, policies, planning, and investments, 
education and outreach regarding transportation infrastructure 
resilience, and technology transfer and commercialization.

Sec. 3010. Transportation Access Pilot Program

    Section 3010 establishes a transportation pilot program to 
develop or procure an accessibility data set and make it 
available to each eligible entity selected to participate in 
the pilot program, to improve transportation planning. The 
pilot will measure the level of access by surface 
transportation modes to important destinations. The Committee 
intends the term ``public transportation,'' as used in this 
section, to include, but not be limited to, public 
transportation provided by private intercity bus and commuter 
bus service providers. Important destinations for purposes of 
measuring access may include jobs, health care facilities, 
child care facilities, educational and workforce training 
facilities, housing, food sources, points within the supply 
chain for freight commodities, domestic and international 
markets, and connections between surface transportation modes. 
The pilot will assess the change in accessibility that would 
result from new transportation investments.

                        TITLE IV--INDIAN AFFAIRS

Sec. 4001. Definition of Secretary

    Section 4001 defines the term ``Secretary'' as the 
Secretary of the Interior.

Sec. 4002. Environmental reviews for certain tribal transportation 
        facilities

    Section 4002 aligns the Department of the Interior's 
process of expediting environmental reviews for tribal 
transportation safety projects to be similar to the Department 
of Transportation's process.

Sec. 4003. Programmatic agreements for tribal categorical exclusions

    Section 4003 allows the Secretary of the Interior or the 
Secretary of Transportation to enter into programmatic 
agreements with Indian tribes.

Sec. 4004. Use of certain tribal transportation funds

    Section 4004 removes the three percent set-aside for the 
Tribal Transportation Facility Bridges program and specifies 
funding eligibilities for the same program.

Sec. 4005. Bureau of Indian Affairs road maintenance program

    Section 4005 authorizes $50,000,000 for the Road 
Maintenance Program for fiscal year 2022, with increases of 
$2,000,000 per year through fiscal year 2026.

Sec. 4006. Study of road maintenance on Indian land

    Section 4006 directs the Secretary of the Interior, in 
consultation with the Secretary of Transportation, to study and 
address the deferred maintenance backlog of existing roads on 
Indian land.

Sec. 4007. Maintenance of certain Indian reservation roads

    Section 4007 allows the Commissioner of U.S. Customs and 
Border Protection to transfer funds to the BIA to maintain or 
repair roads under the jurisdiction of the BIA.

Sec. 4008. Tribal transportation safety needs

    Section 4008 directs the Secretary, in consultation with 
the Secretary of DOI, Indian tribes, and Alaska Native villages 
to develop best practices and create a standardized motor 
vehicle crash report form. Tribes could voluntarily use this 
crash report form to capture data and communicate with State 
departments of transportation. This section directs the Bureau 
of Indian Affairs to use the Incident Management Analysis and 
Reporting System form of the applicable State to report motor 
vehicle crash data. This section also modifies the set-aside 
amount for the Tribal Transportation Program Safety Fund from 2 
percent to 4 percent.

Sec. 4009. Office of Tribal Government Affairs

    Section 4009 establishes an Assistant Secretary for Tribal 
Government Affairs under the DOT, who shall be appointed by the 
President but not Senate confirmed.

                          Legislative History

    On May 26, 2021, the Committee on Environment and Public 
Works, under the chairmanship of Senator Carper, conducted a 
business meeting to consider the original bill (S. 1931), the 
Surface Transportation Reauthorization Act of 2021. The 
original bill was favorably reported out of Committee by a 
unanimous roll call vote of 20-0.

                                Hearings

    Since the passage of the FAST Act in 2015, the Committee 
has held 12 hearings to conduct oversight on the implementation 
of the FAST Act and hear from stakeholders and inform the 
development of the Surface Transportation Reauthorization Act 
of 2021, including three in the 117th Congress.
     2/8/2017 Full Committee Hearing: ``Oversight: 
Modernizing our Nation's Infrastructure.''
     5/3/2017 Full Committee Hearing: ``Infrastructure 
Project Streamlining and Efficiency: Achieving Faster, Better, 
and Cheaper Results.''
     5/16/2017 Subcommittee Hearing: ``Leveraging 
Federal Funding: Innovative Solutions for Infrastructure.''
     5/17/2017 Full Committee Hearing: ``Improving 
America's Transportation Infrastructure: The Road Forward.''
     7/12/2017 Full Committee Hearing: ``The Use of 
TIFIA and Innovative Financing in Improving Infrastructure to 
Enhance Safety, Mobility, and Economic Opportunity''
     12/20/2017 Subcommittee Hearing: ``Freight 
Movement: Assessing Where We Are Now And Where We Need To Go.''
     3/1/2018 Full Committee Hearing: ``The 
Administration's Framework for Rebuilding Infrastructure in 
America.''
     6/13/2018 Full Committee Hearing: ``Innovation and 
America's Infrastructure: Examining the Effects of Emerging 
Autonomous Technologies on America's Roads and Bridges.''
     6/11/2018 Full Committee Hearing: ``The Long-term 
Value to U.S. Taxpayers of Low-cost Federal Infrastructure 
Loans.''
     11/28/2018 Full Committee Hearing: ``Addressing 
America's Surface Transportation Infrastructure Needs.''
     3/6/2019 Full Committee Hearing: ``The Economic 
Benefits of Highway Infrastructure Investment and Accelerated 
Project Delivery.''
     7/10/2019 Full Committee Hearing: ``Investing in 
America's Surface Transportation Infrastructure: The Need for a 
Multi-Year Reauthorization Bill.''
     6/4/2020 Full Committee Hearing: ``Infrastructure: 
The Road to Recovery''
     2/24/2021 Full Committee Hearing: ``Building Back 
Better: Investing in Transportation while Addressing Climate 
Change, Improving Equity, and Fostering Economic Growth and 
Innovation.''
     4/14/2021 Full Committee Hearing: ``Long-term 
Solvency of the Highway Trust Fund: Lessons Learned from the 
Surface Transportation System Funding Alternatives Program and 
Other User-based Revenue Solutions, and How Funding Uncertainty 
Affects the Highway Programs.''
     5/11/2021 Transportation and Infrastructure 
Subcommittee Hearing: ``Equity in Transportation 
Infrastructure: Connecting Communities, Removing Barriers, and 
Repairing Networks across America.''

               Committee Consideration and Rollcall Votes

    On May 26, 2021 the Committee on Environment and Public 
Works met and considered the Surface Transportation 
Reauthorization Act of 2021. During the business meeting the 
Committee approved by unanimous consent a Carper-Capito-Cardin-
Cramer substitute amendment to serve as the base text. The 
substitute amendment made modifications as well as technical 
changes to the text. Additionally, the Committee approved an 
amendment offered by Senators Markey and Sullivan to create a 
program for connecting active transportation networks, which 
was adopted by a roll call vote of 11-9 (yeas: Cardin, Carper, 
Duckworth, Kelly, Markey, Merkley, Padilla, Sanders, Stabenow, 
Sullivan, and Whitehouse; nays: Boozman, Capito, Cramer, Ernst, 
Graham, Inhofe, Lummis, Shelby, and Wicker).
    The Committee also approved by unanimous consent the 
following amendments en bloc.
    Cardin #3--An amendment to add stormwater-related projects 
under the PROTECT grants program.
    Cardin #6 (modified)--An amendment to add special 
consideration for multistate corridors under the nationally 
significant freight and highway projects (INFRA) grant program.
    Carper #2--An amendment to extend the loan repayment terms 
for TIFIA to the lesser or 75 years or 75 percent of an asset's 
useful life.
    Cramer #1 (modified)--An amendment to add special 
consideration for projects in states where no INFRA grants have 
previously been awarded.
    Duckworth #2 (modified)--An amendment to increase from 2 
percent to 8 percent the amount of apportioned funding that a 
state can use for inspections and data collection for a state's 
railway-highway crossing program.
    Duckworth #5--An amendment to apply requirements for 
Federal Aviation Administration-funded projects to airport-
related projects under the TIFIA Program.
    Ernst #4--An amendment to require the Secretary of 
Transportation to submit to Congress an annual report listing 
every project funded by the Department of Transportation that 
is $1 billion or more over budget or five years or more behind 
schedule.
    Graham #1--An amendment to include Union Country, South 
Carolina under the definition of ``Appalachian region'' covered 
by the Appalachian Regional Commission.
    Inhofe #3--An amendment to reserve 15 percent of funds made 
available for the Rural Surface Transportation Grant Program 
for eligible projects in states with higher than average rural 
roadway lane departure fatalities.
    Kelly #1--An amendment to establish a working group to 
study the use of aggregate resources in federal transportation 
projects and how the proximity of aggregate resources impacts 
costs and the environment.
    Lummis #2--An amendment to expand the eligibility of the 
Advanced Transportation and Congestion Management Technologies 
Deployment Program to include retrofitting dedicated short-
range communications technology deployed as part of an existing 
pilot program to cellular vehicle-to-everything technology.
    Lummis #3--An amendment to modify eligibility under the 
carbon-reduction program to include dedicated short-range 
communications technology deployed as part of an existing pilot 
program to cellular vehicle-to-everything technology.
    Merkley #2 (modified)--An amendment to establish a program 
to provide grants to carry out activities that benefit 
pollinators on roadsides and highway rights-of-way, and 
authorizes for appropriations $2 million for each of fiscal 
years 2022 through 2026 for the program.
    Padilla #2--An amendment to allow blood transport vehicles 
transporting blood between a collection point and a hospital or 
storage facility to use HOV lanes.
    Padilla #4--An amendment to address resiliency to wildfires 
under the PROTECT grant program and make vegetation management 
activities in transportation rights-of-way an eligible 
activity.
    Sullivan #1 (modified)--An amendment to authorize for 
appropriations $20 million for each of fiscal years 2022 
through 2026 for the Denali Access System Program.
    Sullivan #2--An amendment to allow States to use Surface 
Transportation Block Grant funding for rural barge landing, 
dock, and waterfront infrastructure projects in locations that 
are off the road system.
    Whitehouse #1--An amendment to make technical changes to 
the Bridge Investment Program to enable large bridge projects 
to receive funding in the first year of the program.
    Wicker #1--An amendment to designate an additional high 
priority corridor for future designation as part of the 
Interstate Highway System that generally follows Route 7 from 
Interstate 55 near Grenada, Mississippi to the logical terminum 
on Interstate 22 near Holly Springs, Mississippi.
    The Committee on Environment and Public Works ordered the 
amended legislative text reported favorably as an original bill 
to the Senate by a roll call vote of 20-0 (yeas: Boozman, 
Capito, Cardin, Carper, Cramer, Duckworth, Ernst, Graham, 
Inhofe, Kelly, Lummis, Markey, Merkley, Padilla, Sanders, 
Shelby, Stabenow, Sullivan, Whitehouse, and Wicker) with a 
quorum present.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee finds that the 
regulatory impact of S. 1931 is expected to be minimal. This 
will not directly regulate individuals or business or create 
any additional regulatory burdens, and will not have any 
adverse effect on the personal privacy of individuals.

                   Congressionally Directed Spending

    In compliance with section 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in S. 1931 meet the definition of 
congressional directed spending items under the rule.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the Committee on Environment and Public 
Works notes that the Congressional Budget Office found that S. 
1931 contains no intergovernmental or private-sector mandates 
as defined in the Unfunded Mandates Reform Act (UMRA).

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report, if available. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 15, 2021.
Hon. Tom Carper,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1931, the Surface 
Transportation Reauthorization Act of 2021.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    	        [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    
    Bill summary: S. 1931 would provide budget authority over 
the 2022-2026 period for the Department of Transportation (DOT) 
to continue operating the Federal-Aid Highway Program, which is 
funded from the Highway Trust Fund. The bill also would 
authorize the appropriation of funds for certain other 
transportation programs administered by DOT, the Department of 
the Interior, and other federal agencies.
    Estimated Federal cost: The estimated budgetary effect of 
S. 1931 is shown in Table 1. The costs of the legislation fall 
within budget functions 400 (transportation) and 450 (community 
and regional development).
    Basis of estimate: For this estimate, CBO assumes that S. 
1931 will be enacted near the end of 2021 and that the 
authorized and estimated amounts will be provided for each 
year, beginning in fiscal year 2022. Outlays are based on the 
historical rate of spending for the affected programs.

Background

    The Federal-Aid Highway Program is an umbrella term for the 
separate highway programs administered by DOT's Federal Highway 
Administration. Those programs focus almost entirely on highway 
construction, and they generally do not support operations 
(such as state employee salaries or fuel costs) or routine 
maintenance (such as mowing roadway fringes or filling 
potholes). Historically, the program has been funded by 
contract authority (a mandatory form of budget authority) 
provided in multiple-year authorizations. Most outlays from 
that contract authority have been controlled by obligation 
limitations, provisions that restrict or reduce the 
availability of budget authority that would have become 
available under another law. Those limitations are provided in 
annual appropriation acts and therefore are classified as 
discretionary.\1\ Some outlays of contract authority are 
specifically exempt from obligation limitations and are 
therefore classified as mandatory.
---------------------------------------------------------------------------
    \1\For more information on the split budgetary classification of 
surface transportation programs funded from the Highway Trust Fund see 
Congressional Budget Office, The Highway Trust Fund and the Treatment 
of Surface Transportation Programs in the Federal Budget (June 2014), 
www.cbo.gov/publication/45416.
---------------------------------------------------------------------------
    Consistent with rules in the Balanced Budget and Emergency 
Deficit Control Act of 1985, CBO's baseline incorporates the 
assumption that the amount of contract authority provided in 
the final year of the Federal-Aid Highway Program's 
authorization continues in each subsequent year. Therefore, 
CBO's estimates for authorizing legislation containing contract 
authority and for the outlays from contract authority exempt 
from obligation limitations are relative to amounts in its 
baseline projections.

                                                    TABLE 1.--ESTIMATED BUDGETARY EFFECTS OF S. 1931
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           By fiscal year, millions of dollars--
                                  ----------------------------------------------------------------------------------------------------------------------
                                    2021    2022     2023     2024     2025     2026     2027     2028     2029     2030     2031   2021-2026  2021-2031
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              INCREASES IN DIRECT SPENDING
Contract Authority Subject to
 Obligation Limitations:a
  Estimated Contract Authority:b.      0   11,107   12,399   13,730   14,948   16,291   16,291   16,291   16,291   16,291   16,291     68,475    149,931
  Estimated Outlays..............      0        0        0        0        0        0        0        0        0        0        0          0          0
Airport Loans:
  Budget Authority...............      0        0        0        0        0        0        0        0        0        0        0          0          0
  Estimated Outlays..............      0        0        8       14        7        3        1        1        0        0        0         31         33
 
                                                                DECREASES (-) IN REVENUES
 
Estimated Revenues                     0        *        *        *        *       -1       -1       -1       -1       -2       -2         -1         -8
 
                                        NET INCREASE IN THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES
 
Effect on the Deficit                  0        *        8       14        7        4        2        2        1        2        2         32         41
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                     INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Obligation Limitations for the
 Federal-Aid Highway Programs:
  Obligation Limitationsc........      0   57,473   58,765   60,096   61,314   62,657        0        0        0        0        0    300,305    300,305
  Estimated Outlays..............      0   14,368   38,255   47,738   51,656   55,055   41,966   17,781    9,138    6,710    4,295    207,072    286,962
Other Authorized Programs:
  Estimated Authorization........      0    1,691    1,728    1,740    1,762    1,789        *        *        *        *        *      8,709      8,712
  Estimated Outlays..............      0      291      814    1,162    1,423    1,571    1,328      821      489      250      117      5,262      8,270
Total Changes:
  Estimated Budgetary Resources..      0   59,164   60,492   61,835   63,076   64,446        *        *        *        *        *    309,014    309,017
  Estimated Outlays..............      0   14,659   39,069   48,901   53,079   56,626   43,294   18,601    9,627    6,960    4,411    212,335    295,233
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office; staff of the Joint Committee on Taxation.
Components may not sum to totals because of rounding; * = between -$500,000 and $500,000.
aThe Congress and the Administration have agreed upon a unique budgetary treatment for the Federal-Aid Highway Program: Authorizing laws provide
  contract authority (allowing the program to obligate funds in advance of an appropriation act), but outlays of that authority are generally considered
  discretionary because they are controlled by obligation limitations in an annual appropriation act. (Obligation limitations are provisions of a law or
  legislation that restrict or reduce the availability of budget authority that would have become available under another law.) Under current law (and
  under S. 1931), a portion of the program's contract authority is exempt from those limitations and therefore results in mandatory outlays.
bConsistent with rules in the Balanced Budget and Emergency Deficit Control Act of 1985, CBO's estimates are constructed under an assumption that the
  mandatory budget authority provided in 2026, the final year of the bill's authorization, would continue indefinitely. See Table 2 for more details on
  the change in contract authority under S. 1931 relative to CBO's baseline projections.
cThe Deficit Control Act does not require CBO to extend amounts authorized to be appropriated beyond the expiration date of such an authorization.
  Consequently, CBO has not estimated obligation limitations beyond 2026.

    However, the Deficit Control Act does not require CBO to 
extend expiring authorizations of appropriations. Consequently, 
CBO does not project obligation limitations and the associated 
discretionary spending beyond the period of authorization 
listed in proposed legislation.

Direct Spending

    CBO estimates that enacting S. 1931 would increase 
mandatory budget authority by roughly $150 billion and increase 
direct spending outlays by $33 million over the 2021-2031 
period, relative to the amounts in its baseline projections.
    Contract Authority Subject to Obligation Limitations. S. 
1931 would provide contract authority for the Federal-Aid 
Highway Program over the 2022-2026 period. The change in 
contract authority relative to CBO's baseline is displayed in 
Table 2 and described below. Because of the program's split 
budgetary classification, most outlays stemming from that 
authority are classified as discretionary; a small amount is 
classified as mandatory.
    The most recent authorization for surface transportation 
(division B of the Continuing Appropriations Act, 2021 and 
Other Extensions Act) expires at the end of 2021. In keeping 
with the Deficit Control Act, CBO's baseline projections are 
made under an assumption that the amount of contract authority 
in 2021, the final year of the current authorization, continues 
unchanged for each subsequent year. Accordingly, CBO's baseline 
projections include contract authority over the 2022-2031 
period that totals $471 billion. Of that amount, $464 billion, 
or roughly $46 billion annually, is subject to obligation 
limitations.
    Over the 2022-2026 period, S. 1931 would provide $304 
billion in contract authority--of that amount, $300 billion 
would be subject to obligation limitations. CBO estimates that 
under S. 1931, the mandatory budget authority subject to 
obligation limitations of nearly $63 billion that would be 
provided in 2026 (the final year of the authorization) would 
continue indefinitely. CBO therefore estimates that an 
additional $313 billion in contract authority would be 
available over the 2027-2031 period, for a total of $614 
billion over the 10-year period.
    CBO estimates that the amounts provided for contract 
authority subject to obligation limitations over the 2022-2031 
period would be $149.9 billion more than the amount in CBO's 
baseline. (Because the contract authority under S. 1931 that is 
exempt from obligation limitations would be equal to the amount 
projected in CBO's baseline for the 2022-2031 period, there 
would be no cost relative to the baseline.)

   TABLE 2.--CONTRACT AUTHORITY SUBJECT TO OBLIGATION LIMITATIONS FOR THE FEDERAL-AID HIGHWAY PROGRAM, PROVIDED BY S. 1931, RELATIVE TO CBO'S BASELINE
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               By fiscal year, millions of dollars--
                                         ---------------------------------------------------------------------------------------------------------------
                                            2022     2023     2024     2025     2026     2027     2028     2029     2030     2031   2022-2026  2022-2031
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     CONTRACT AUTHORITY INCLUDED IN CBO'S BASELINEa
 
Contract Authority......................   46,366   46,366   46,366   46,366   46,366   46,366   46,366   46,366   46,366   46,366    231,830    463,660
 
                                                            CONTRACT AUTHORITY UNDER S. 1931
 
Contract Authority......................   57,473   58,765   60,096   61,314   62,657        0        0        0        0             300,305    300,305
Contract Authority:
Assumed to Continue.....................        0        0        0        0        0   62,657   62,657   62,657   62,657   62,657          0    313,286
                                         ---------------------------------------------------------------------------------------------------------------
        Total Contract Authority........   57,473   58,765   60,096   61,314   62,657   62,657   62,657   62,657   62,657   62,657    300,305    613,591
 
                                        INCREASE IN CONTRACT AUTHORITY UNDER S. 1931, RELATIVE TO CBO'S BASELINE
 
Increase in Contract Authorityb.........   11,107   12,399   13,730   14,948   16,291   16,291   16,291   16,291   16,291   16,291     68,475    149,931
--------------------------------------------------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding.
S. 1931 also would authorize about $3.2 billion in contract authority that would be exempt from obligation limitations over the 2022-2026 period. Those
  amounts are equal to the amounts included in CBO's baseline projections for that period.
aConsistent with rules in the Balanced Budget and Deficit Control Act of 1985, CBO's baseline incorporates the assumption that the amount of contract
  authority provided in the final year of the Federal-Aid Highway Program's authorization continues in each subsequent year. Under the current surface
  transportation authorization (division B of the Continuing Appropriations Act, 2021 and Other Extensions Act), contract authority is provided for the
  program through 2021. S. 1931 would provide that authority through 2026.
bThese amounts are the same as those shown in Table 1 under ``Increases in Direct Spending'' for estimated contract authority subject to obligation
  limitations.

    Airport Loans. S. 1931 would expand the types of projects 
eligible to receive loans under the Transportation 
Infrastructure Finance and Innovation Act (TIFIA) program to 
include certain construction projects at airports. Prospective 
borrowers for such airport projects would need to submit a 
letter of interest to DOT and receive confirmation of 
eligibility before October 1, 2025, for a project to receive 
funding under the program.
    S. 1931 would provide contract authority each year over the 
2022-2026 period to subsidize TIFIA loans for surface 
transportation and airport projects alike. However, under 
current law, the program maintains a large balance of 
unobligated contract authority from previous authorization 
acts. S. 1931 would allow DOT to use those balances to 
subsidize TIFIA loans for airport construction projects 
authorized under the bill. CBO estimates that a portion of 
those balances that would not have been spent over the next 10 
years under current law--$33 million--would be used to 
subsidize new TIFIA loans for such projects over the 2022-2031 
period.

Revenues

    S. 1931 would reauthorize the State Infrastructure Bank 
program through 2026. States use infrastructure banks to 
finance transportation projects by lending money to local 
governments or by repaying bonds.
    As under current law, S. 1931 would allow states to deposit 
some of the funds apportioned and allocated to the state from 
the Federal-Aid Highway Program into state infrastructure 
banks. S. 1931 would increase such funding to states, so more 
would be available, relative to CBO's baseline, for such 
deposits.
    The staff of the Joint Committee on Taxation estimates that 
enacting this provision would increase the states' use of tax-
exempt bonds and therefore decrease federal revenues by $8 
million over the 2022-2031 period.

Spending Subject to Appropriation

    Assuming appropriation of the specified and estimated 
amounts, CBO estimates that implementing S. 1931 would cost 
$212.3 billion over the 2022-2026 period (see Table 3). That 
amount includes spending from the Highway Trust Fund and for 
programs operated by DOT and other federal agencies.
    Obligation Limitations for the Federal-Aid Highway Program. 
Historically, the contract authority provided in transportation 
legislation has been controlled by limitations on obligations 
contained in annual appropriation acts. CBO expects that the 
practice would continue under S. 1931. The bill would authorize 
obligation limitations totaling $300 billion over the 2022-2026 
period. CBO estimates that obligating amounts equal to those 
limitations would result in outlays of $207 billion over the 
2022-2026 period.
    Bridge Investment Program. In addition to contract 
authority provided from the Highway Trust Fund, section 1101 
would authorize the appropriation of $3.3 billion for DOT to 
implement the proposed Bridge Investment Program. Assuming 
appropriation of the authorized amounts, CBO estimates that 
outlays would total $2.2 billion over the 2021-2026 period.
    Tribal Transportation. Over the 2022-2026 period, section 
1101 also would authorize the appropriation of $300 million 
annually for the Nationally Significant Federal Lands and 
Tribal Projects Program, section 1128 would authorize the 
appropriation of $30 million annually for the Tribal-High 
Priority Projects Program, and section 4005 would authorize 
appropriations totaling $270 million for the Bureau of Indian 
Affairs' Road Maintenance Program. The bill also would 
authorize the appointment of a new Assistant Secretary for 
Tribal Government Affairs within the Department of the Interior 
to oversee road maintenance and other tribal transportation 
activities. CBO estimates that implementing those provisions 
would cost $1.2 billion over the 2021-2026 period.
    Pedestrian-Focused Infrastructure. Section 1529 would 
authorize the appropriation of $200 million annually over the 
2022-2026 period for DOT to provide competitive grants for 
state and local governments to plan and construct safe and 
connected networks for active transportation (walking or 
cycling). Also, section 1101 would authorize $100 million 
annually over that same period for DOT to provide competitive 
grants to state and local governments and nonprofit entities to 
increase tree cover, reduce pavement heat, and increase 
pavement permeability to mitigate flooding in urban areas. 
Finally, section 1502 would authorize the appropriation of $5 
million annually over the 2022-2026 period for DOT to provide 
grants to state and local governments to install raised 
concrete or metal posts on sidewalks that will slow or stop 
motor vehicles from leaving a roadway. CBO estimates that 
implementing those provisions would cost $602 million over the 
2021-2026 period.
    Appalachian Regional Commission. Section 1506 would 
authorize the appropriation of $200 million a year over the 
2022-2026 period for the Appalachian Regional Commission. In 
2021, $180 million was appropriated for that purpose; CBO 
estimates that implementing the provision would cost $488 
million over the 2021-2026 period.
    Transportation Centers of Excellence. Section 1101 would 
authorize the appropriation of $100 million annually from 2022 
through 2026 for grants to academic institutions or consortia 
selected by DOT to study and promote resilient transportation 
infrastructure. CBO estimates that implementing the provision 
would cost $313 million over the 2021-2026 period.
    Roadside Plant Control. Section 1522 would authorize the 
appropriation of $50 million annually over the 2022-2026 period 
for grants to states to eliminate or control invasive plant 
species adjacent to highways, railroads, or other surface 
transportation routes. Section 1528 would authorize the 
appropriation of $2 million annually over the 2022-2026 period 
to provide grants to states to plant native and locally 
appropriate species along roadsides. CBO estimates that 
implementing those sections would cost $177 million over the 
2021-2026 period.

                TABLE 3.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 1931
----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, millions of dollars--
                                                  --------------------------------------------------------------
                                                    2021    2022     2023     2024     2025     2026   2021-2026
----------------------------------------------------------------------------------------------------------------
Obligation Limitations for the Federal-Aid
 Highway Program:
  Obligation Limitation..........................      0   57,473   58,765   60,096   61,314   62,657    300,305
  Estimated Outlays..............................      0   14,368   38,255   47,738   51,656   55,055    207,073
Bridge Investment Program:
  Authorization..................................      0      600      640      650      675      700      3,265
  Estimated Outlays..............................      0      150      406      515      561      605      2,237
Tribal Transportation:
  Authorization..................................      0      380      382      384      386      388      1,920
  Estimated Outlays..............................      0       85      225      285      312      337      1,245
Pedestrian-Focused Infrastructure:
  Authorization..................................      0      305      305      305      305      305      1,525
  Estimated Outlays..............................      0        1       18       94      215      275        602
Appalachian Regional Commission:
  Authorization..................................      0      200      200      200      200      200      1,000
  Estimated Outlays..............................      0       22       62      104      140      160        488
Transportation Centers of Excellence:
  Authorization..................................      0      100      100      100      100      100        500
  Estimated Outlays..............................      0       10       35       75       95       98        313
Roadside Plant Control:
  Authorization..................................      0       52       52       52       52       52        260
  Estimated Outlays..............................      0        5       26       42       52       52        177
Pilot Programs:
  Authorization..................................      0       23       23       23       23       23        113
  Estimated Outlays..............................      0        6       19       22       23       23         92
Denali Commission:
  Authorization..................................      0       20       20       20       20       20        100
  Estimated Outlays..............................      0        8       16       20       20       20         84
Alaska Highway:
  Estimated Authorization........................      0       10        5        5        *        *         20
  Estimated Outlays..............................      0        3        6        5        4        1         19
Studies and Reports:
  Estimated Authorization........................      0        1        1        1        1        1          6
  Estimated Outlays..............................      0        1        1        1        1        1          6
Total Changes:
  Estimated Authorization........................      0   59,164   60,492   61,835   63,076   64,446    309,013
  Estimated Outlays..............................      0   14,659   39,069   48,901   53,079   56,626    212,334
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; * = between zero and $500,000.

    Pilot Programs. S. 1931 would authorize appropriations for 
three DOT pilot programs over the 2022-2026 period. Section 
1101 would authorize the appropriation of $15 million annually 
for grants to state and local governments and private entities 
to study novel highway construction or use issues, section 3005 
would authorize the appropriation of $5 million annually for 
research on emerging transportation technologies, and section 
3004 would authorize the appropriation of $2.5 million annually 
to better integrate data from DOT, the National Weather 
Service, and other sources to provide real-time information on 
roadway conditions during severe weather. CBO estimates that 
implementing those provisions would cost $92 million over the 
2021-2026 period.
    Denali Commission. Section 1507 would amend the Denali 
Commission Act of 1998 to authorize the appropriation of $20 
million annually over the 2022-2026 period to plan, design, and 
construct surface transportation projects in rural Alaska. CBO 
estimates that implementing the provision would cost $84 
million over the 2021-2026 period.
    Alaska Highway. Section 1116 would authorize the use of 
competitive DOT grants to restore part of the Alaska Highway. 
Under current law, only amounts apportioned to Alaska from the 
Federal-Aid Highway Program can be used for that restoration.
    CBO expects that Alaska would apply for other grants to 
supplement funding from the Federal-Aid Highway Program to 
complete current activities. Using information from DOT and the 
State of Alaska, CBO estimates that implementing that provision 
would cost $19 million over the 2021-2026 period.
    Studies and Reports. Several sections in the bill would 
authorize studies and reports on such topics as highway 
railroad crossings, large freight and highway projects, bridge 
investment, highway removal, additions to the Interstate 
Highway System, air quality, stormwater runoff, and road 
maintenance on tribal land. Using information from similar 
reports and studies, CBO estimates that those provisions would 
cost $6 million over the 2021-2026 period.

Status of the Highway Trust Fund Under S. 1931

    CBO's baseline includes a projected cumulative shortfall of 
$48.7 billion at the end of 2026 in the highway account of the 
Highway Trust Fund. That shortfall is the amount by which 
revenues and other amounts credited to the fund are projected 
to fall short of outlays, given authorized and projected 
spending authority.
    The obligation limitations authorized in S. 1931 for the 
Federal-Aid Highway Program exceed those in CBO's baseline by 
about $52.3 billion over the 2022-2026 period. Based on 
historical spending rates associated with such obligation 
limitations, CBO estimates that under S. 1931, the cumulative 
shortfall at the end of 2026 in the highway account of the 
Highway Trust Fund would be $84.8 billion (see Table 4). The 
bill would not affect revenues credited to the fund. Consistent 
with the scoring conventions for all discretionary programs, 
those estimates reflect the assumption that the pace of 
spending under S. 1931 would not be affected by the shortfall 
in the Highway Trust Fund.

          TABLE 4.--ESTIMATED SPENDING FROM THE HIGHWAY ACCOUNT OF THE HIGHWAY TRUST FUND UNDER S. 1931
----------------------------------------------------------------------------------------------------------------
                                                        By fiscal year, millions of dollars--
                                    ----------------------------------------------------------------------------
                                        2021       2022       2023       2024       2025       2026    2021-2026
----------------------------------------------------------------------------------------------------------------
Start-of-Year Balance..............     12,541      7,759          a          a          a          a       n.a.
Flexed Balancesb...................     -1,200     -1,200     -1,200     -1,200     -1,200     -1,200     -7,200
Revenues and Interestc.............     32,914     37,794     38,347     38,233     38,168     38,135    223,590
Intragovernmental Transfersd.......     10,400          0          0          0          0          0     10,400
Outlays............................     46,896     48,501     53,136     55,839     58,579     61,134    324,084
End-of-Year Balance................      7,759          a          a          a          a          a       n.a.
Memorandum:
  Shortfalla.......................       n.a.     -4,148    -15,989    -18,806    -21,610    -24,199    -84,752
----------------------------------------------------------------------------------------------------------------
Components may not sum to totals because of rounding; n.a. = not applicable. Outlays, revenues, and interest
  projections are relative to CBO's baseline.
aUnder current law, the Highway Trust Fund cannot incur negative balances. However, in keeping with rules in the
  Balanced Budget and Emergency Deficit Control Act of 1985 for constructing the baseline, this estimate for
  surface transportation spending incorporates the assumption that obligations presented to the Highway Trust
  Fund will be paid in full. The memorandum to this table shows the shortfall of fund balances, on the basis of
  spending amounts that are consistent with CBO's estimate for S. 1931 for the Federal-Aid Highway Program and
  with baseline projections for programs of the National Highway Traffic Safety Administration and Federal Motor
  Carrier Safety Administration that are part of the highway account of the Highway Trust Fund.
bFlexed balances represent amounts transferred from the highway account to the transit account.
cSome of the taxes that are credited to the Highway Trust Fund are scheduled to expire on September 30, 2022,
  including taxes on tires and all but 4.3 cents of the federal tax on motor fuels. However, in keeping with the
  Deficit Control Act, this estimate incorporates the assumption that all such expiring taxes will continue to
  be collected after fiscal year 2022.
dSection 1204 of the Continuing Appropriations Act, 2021 and Other Extensions Act transferred $10.4 billion from
  the general fund of the Treasury to the Highway Trust Fund.

Uncertainty

    CBO's estimate of the amount of previously provided 
contract authority that would be used to subsidize TIFIA loans 
for airport projects is subject to uncertainty. The cost could 
differ from CBO's estimate if the number of projects that 
received funding was higher or lower than CBO estimates.
    Pay-as-you-go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays and revenues that are 
subject to those pay-as-you-go procedures are shown in Table 5.

  TABLE 5.--CBO'S ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS OF S. 1931, THE SURFACE TRANSPORTATION REAUTHORIZATION ACT OF 2021, AS REPORTED BY THE
                                            SENATE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS ON MAY 27, 2021
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                     By fiscal year, millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2021   2022   2023   2024   2025   2026   2027   2028   2029   2030   2031  2021-2026  2021-2031
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
 
Pay-As-You-Go Effect.................................      0      0      8     14      7      4      2      2      1      2      2        32         41
Memorandum:
  Increases in Outlays...............................      0      0      8     14      7      3      1      1      0      0      0        31         33
  Decreases in Revenuesa.............................      0      0      0      0      0     -1     -1     -1     -1     -2     -2        -1         -8
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long-term deficits: CBO estimates that enacting 
S. 1931 would not increase on-budget deficits by more than $5 
billion in any of the four consecutive 10-year periods 
beginning in 2032.
    Mandates: None.
    Estimate prepared by: Federal costs: Robert Reese and 
Madeleine Fox (Department of Transportation); Jon Sperl 
(Department of the Interior); Mandates: Brandon Lever.
    Estimate reviewed by: Susan Willie, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Director of Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


TITLE 23, UNITED STATES CODE -- HIGHWAYS

           *       *       *       *       *       *       *


                    CHAPTER 1--FEDERAL-AID HIGHWAYS


    O:\EDW\TOC--T23.lc

                           TITLE 23--HIGHWAYS

                 [As Amended Through P.L. 116-344not283]

                     CHAPTER 1--FEDERAL-AID HIGHWAYS

Sec.
101. Definitions and declaration of policy
      * * * * * * *
[105. Additional deposits into Highway Trust Fund]
106. Project approval and oversight
      * * * * * * *
123. Relocation of utility facilities
124. Bridge investment program.
      * * * * * * *
[139. Efficient environmental reviews for project decisionmaking]
139. Efficient environmental reviews for project decisionmaking and One 
          Federal Decision.
      * * * * * * *
[155. Repealed. Pub. L. 112-141, div. A, title I, Sec. ?1519(b)(1)(A), 
          July 6, 2012, 126 Stat. 575]
156. Proceeds from the sale or lease of real property
157. National Environmental Policy Act of 1969 reporting program.
      * * * * * * *
170. Funding flexibility for transportation emergencies
171. Wildlife crossings pilot program.
172. Wildlife-vehicle collision reduction and habitat connectivity 
          improvement.
173. Rural surface transportation grant program.
174. State human capital plans.
175. Carbon reduction program.
176. Promoting Resilient Operations for Transformative, Efficient, and 
          Cost-saving Transportation (PROTECT) program.

                        CHAPTER 2--OTHER HIGHWAYS

Sec.
201. Federal lands and tribal transportation programs
      * * * * * * *
207. Tribal transportation self-governance program
208. Safe routes to school.
      * * * * * * *
218. Alaska Highway

                      CHAPTER 3--GENERAL PROVISIONS

Sec.
301. Freedom from tolls
      * * * * * * *
324. Prohibition of discrimination on the basis of sex
[325. State assumption of responsibilities for certain programs and 
          projects]
      * * * * * * *
330. Program for eliminating duplication of environmental reviews
331. Evaluation of projects within an operational right-of-way.
332. Pollinator-friendly practices on roadsides and highway rights-of-
          way.

                        CHAPTER 4--HIGHWAY SAFETY

Sec.
401. Authority of the Secretary
      * * * * * * *
412. Agency accountability

             CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION

Sec.
501. Definitions
      * * * * * * *
519. Infrastructure development
520. Transportation Resilience and Adaptation Centers of Excellence.

                    CHAPTER 6--INFRASTRUCTURE FINANCE

Sec.
601. Generally applicable provisions
      * * * * * * *
610. State infrastructure bank program
      * * * * * * *

Sec. 101. Definitions and declaration of policy

  (a) Definitions.--In this title, the following definitions 
apply:
          (1) Apportionment.-- * * *
           * * * * * * *
          (4) Construction.--The term ``construction'' means 
        the supervising, inspecting, actual building, and 
        incurrence of all costs incidental to the construction 
        or reconstruction of a highway or any project eligible 
        for assistance under this title, including bond costs 
        and other costs relating to the issuance in accordance 
        with section 122 of bonds or other debt financing 
        instruments and costs incurred by the State in 
        performing Federal-aid project related audits that 
        directly benefit the Federal-aid highway program. Such 
        term includes--
                  (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, 
                assessing resilience, 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;
           * * * * * * *
                  (G) improvements that directly facilitate and 
                control traffic flow, such as grade separation 
                of intersections, widening of lanes, 
                channelization of traffic, traffic control 
                systems, and passenger loading and unloading 
                areas; [and]
                  (H) improvements that reduce the number of 
                wildlife-vehicle collisions, such as wildlife 
                crossing structures; and
                  [(H)] (I) capital improvements that directly 
                facilitate an effective vehicle weight 
                enforcement program, such as scales (fixed and 
                portable), scale pits, scale installation, and 
                scale houses.
           * * * * * * *
          (16) National Highway System.--The term ``National 
        Highway System'' means the Federal-aid highway system 
        described in section 103(b).
          (17) Natural infrastructure.--The term `natural 
        infrastructure' means infrastructure that uses, 
        restores, or emulates natural ecological processes 
        and--
                  (A) is created through the action of natural 
                physical, geological, biological, and chemical 
                processes over time;
                  (B) is created by human design, engineering, 
                and construction to emulate or act in concert 
                with natural processes; or
                  (C) involves the use of plants, soils, and 
                other natural features, including through the 
                creation, restoration, or preservation of 
                vegetated areas using materials appropriate to 
                the region to manage stormwater and runoff, to 
                attenuate flooding and storm surges, and for 
                other related purposes.
          [(17)] (18) Operating costs for traffic monitoring, 
        management, and control.--The term ``operating costs 
        for traffic monitoring, management, and control'' 
        includes labor costs, administrative costs, costs of 
        utilities and rent, and other costs associated with the 
        continuous operation of traffic control, such as 
        integrated traffic control systems, incident management 
        programs, and traffic control centers.
          [(18)] (19) Operational improvement.--The term 
        ``operational improvement''--
                  (A) means (i) a capital improvement for 
                installation of traffic surveillance and 
                control equipment, computerized signal systems, 
                motorist information systems, integrated 
                traffic control systems, incident management 
                programs, and transportation demand management 
                facilities, strategies, and programs, and (ii) 
                such other capital improvements to public roads 
                as the Secretary may designate, by regulation; 
                and
                  (B) does not include resurfacing, restoring, 
                or rehabilitating improvements, construction of 
                additional lanes, interchanges, and grade 
                separations, and construction of a new facility 
                on a new location.
          [(19)] (20) Project.--The term ``project'' means any 
        undertaking eligible for assistance under this title.
          [(20)] (21) Project agreement.--The term ``project 
        agreement'' means the formal instrument to be executed 
        by the Secretary and the recipient as required by 
        section 106.
          [(21)] (22) Public authority.--The term ``public 
        authority'' means a Federal, State, county, town, or 
        township, Indian tribe, municipal or other local 
        government or instrumentality with authority to 
        finance, build, operate, or maintain toll or toll-free 
        facilities.
          [(22)] (23) Public road.--The term ``public road'' 
        means any road or street under the jurisdiction of and 
        maintained by a public authority and open to public 
        travel.
          (24) Resilience.--The term `resilience', with respect 
        to a project, means a project with the ability to 
        anticipate, prepare for, or adapt to conditions or 
        withstand, respond to, or recover rapidly from 
        disruptions, including the ability--
                  (A)(i) to resist hazards or withstand impacts 
                from weather events and natural disasters; or
                  (ii) to reduce the magnitude or duration of 
                impacts of a disruptive weather event or 
                natural disaster on a project; and
                  (B) to have the absorptive capacity, adaptive 
                capacity, and recoverability to decrease 
                project vulnerability to weather events or 
                other natural disasters.
          [(23)] (25) Rural areas.--The term ``rural areas'' 
        means all areas of a State not included in urban areas.
          [(24)] (26) 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.
          [(25)] (27) Secretary.--The term ``Secretary'' means 
        Secretary of Transportation.
          [(26)] (28) State.--The term ``State'' means any of 
        the 50 States, the District of Columbia, or Puerto 
        Rico.
          [(27)] (29) State funds.--The term ``State funds'' 
        includes funds raised under the authority of the State 
        or any political or other subdivision thereof, and made 
        available for expenditure under the direct control of 
        the State transportation department.
          [(28)] (30) State strategic highway safety plan.--The 
        term ``State strategic highway safety plan'' has the 
        same meaning given such term in section 148(a).
          [(29)] (31) State transportation department.--The 
        term ``State transportation department'' means that 
        department, commission, board, or official of any State 
        charged by its laws with the responsibility for highway 
        construction.
          [(30)] (32) 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] through--
                          (i) 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[.] ; and
                          (ii) the consideration of 
                        incorporating natural infrastructure.
                  (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)] (33) 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).
          [(32)] (34) 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.
          [(33)] (35) Urban area.--The term ``urban area'' 
        means an urbanized area or, in the case of an urbanized 
        area encompassing more than one State, that part of the 
        urbanized area in each such State, or urban place as 
        designated by the Bureau of the Census having a 
        population of 5,000 or more and not within any 
        urbanized area, within boundaries to be fixed by 
        responsible State and local officials in cooperation 
        with each other, subject to approval by the Secretary. 
        Such boundaries shall encompass, at a minimum, the 
        entire urban place designated by the Bureau of the 
        Census, except in the case of cities in the State of 
        Maine and in the State of New Hampshire.
          )(34)] (36) Urbanized area.--The term ``urbanized 
        area'' means an area with a population of 50,000 or 
        more designated by the Bureau of the Census, within 
        boundaries to be fixed by responsible State and local 
        officials in cooperation with each other, subject to 
        approval by the Secretary. Such boundaries shall 
        encompass, at a minimum, the entire urbanized area 
        within a State as designated by the Bureau of the 
        Census.
  (b) Declaration of Policy.--
          (1) Acceleration of construction of federal-aid 
        highway systems.--Congress declares that it is in the 
        national interest to accelerate the construction of 
        Federal-aid highway systems, including the Dwight D. 
        Eisenhower National System of Interstate and Defense 
        Highways, because many of the highways (or portions of 
        the highways) are inadequate to meet the needs of local 
        and interstate commerce for the national and civil 
        defense.
           * * * * * * *
          (3) Transportation needs of 21st century.--Congress 
        declares that--
                  (A) * * *
           * * * * * * *
                  (D) among the foremost needs that the surface 
                transportation system must meet to provide for 
                a strong and vigorous national economy are 
                safe, efficient, resilient, and reliable--
           * * * * * * *

Sec. 102. Program efficiencies

  (a) Access of Motorcycles.--No State or political subdivision 
of a State may enact or enforce a law that applies only to 
motorcycles and the principal purpose of which is to restrict 
the access of motorcycles to any highway or portion of a 
highway for which Federal-aid highway funds have been utilized 
for planning, design, construction, or maintenance. [Nothing in 
this subsection]
  (b) Savings Provision.--Nothing in this section.shall affect 
the authority of a State or political subdivision of a State to 
regulate motorcycles for safety.
  [(b) Engineering Cost Reimbursement.--If on-site construction 
of, or acquisition of right-of-way for, a highway project is 
not commenced within 10 years (or such longer period as the 
State requests and the Secretary determines to be reasonable) 
after the date on which Federal funds are first made available, 
out of the Highway Trust Fund (other than Mass Transit 
Account), for preliminary engineering of such project, the 
State shall pay an amount equal to the amount of Federal funds 
reimbursed for the preliminary engineering. The Secretary shall 
deposit in such Fund all amounts paid to the Secretary under 
this section.]
           * * * * * * *

Sec. 104. Apportionment

  (a) Administrative Expenses.--
          (1) In general.--There is 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--
                  [(A) $453,000,000 for fiscal year 2016;
                  [(B) $459,795,000 for fiscal year 2017;
                  [(C) $466,691,925 for fiscal year 2018;
                  [(D) $473,692,304 for fiscal year 2019; and
                  [(E) $480,797,689 for fiscal year 2020.]
                  (A) $490,964,697 for fiscal year 2022;
                  (B) $500,783,991 for fiscal year 2023;
                  (C) $510,799,671 for fiscal year 2024;
                  (D) $521,015,664 for fiscal year 2025; and
                  (E) $531,435,977 for fiscal year 2026.
           * * * * * * *
  (b) Division Among Programs of State's Share of Base 
Apportionment.--The Secretary shall distribute the amount of 
the base apportionment apportioned to a State for a fiscal year 
under subsection (c) among the national highway performance 
program, the surface transportation block grant program, the 
highway safety improvement program, the congestion mitigation 
and air quality improvement program, the national highway 
freight program, the carbon reduction program under section 
175, to carry out subsection (c) of the PROTECT program under 
section 176,and to carry out section 134 as follows:
          (1) National highway performance program.--For the 
        national highway performance program, [63.7 percent] 
        59.0771195921461 percent of the amount remaining after 
        distributing amounts under paragraphs (4), (5), and 
        (6).
          (2) Surface transportation block grant program.--For 
        the surface transportation block grant program, [29.3 
        percent] 28.7402203421251 percent of the amount 
        remaining after distributing amounts under paragraphs 
        (4), (5), and (6).
          (3) Highway safety improvement program.--For the 
        highway safety improvement program, [7 percent] 
        6.70605141316253 percent of the amount remaining after 
        distributing amounts under paragraphs (4), (5), 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 of the base apportionment 
        remaining for the State under subsection (c) after 
        making the set aside in accordance with paragraph (5) 
        by the proportion that--
                  [(A) the amount apportioned to the State for 
                the congestion mitigation and air quality 
                improvement program 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.]
          (4) Congestion mitigation and air quality improvement 
        program.--
                  (A) In general.--For the congestion 
                mitigation and air quality improvement program, 
                an amount determined for the State under 
                subparagraphs (B) and (C).
                  (B) Total amount.--The total amount for the 
                congestion mitigation and air quality 
                improvement program for all States shall be--
                          (i) $2,536,490,803 for fiscal year 
                        2022;
                          (ii) $2,587,220,620 for fiscal year 
                        2023;
                          (iii) $2,638,965,032 for fiscal year 
                        2024;
                          (iv) $2,691,744,332 for fiscal year 
                        2025; and
                          (v) $2,745,579,213 for fiscal year 
                        2026.
                  (C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the 
                total amount for the congestion mitigation and 
                air quality improvement program under 
                subparagraph (B) so that each State receives an 
                amount equal to the proportion that--
                          (i) the amount apportioned to the 
                        State for the congestion mitigation and 
                        air quality improvement program for 
                        fiscal year 2020; bears to
                          (ii) the total amount of funds 
                        apportioned to all States for that 
                        program for fiscal year 2020.
          (5) National highway freight program.--
                  (A) In general.--For the national highway 
                freight program under section 167, the 
                Secretary shall set aside from the base 
                apportionment determined for a State under 
                subsection (c) an amount determined for the 
                State under subparagraphs (B) and (C).
                  [(B) Total amount.--The total amount set 
                aside for the national highway freight program 
                for all States shall be--
                          [(i) $1,150,000,000 for fiscal year 
                        2016;
                          [(ii) $1,100,000,000 for fiscal year 
                        2017;
                          [(iii) $1,200,000,000 for fiscal year 
                        2018;
                          [(iv) $1,350,000,000 for fiscal year 
                        2019; and
                          [(v) $1,500,000,000 for fiscal year 
                        2020.]
                  (B) Total amount.--The total amount set aside 
                for the national highway freight program for 
                all States shall be--
                          (i) $1,373,932,519 for fiscal year 
                        2022;
                          (ii) $1,401,411,169 for fiscal year 
                        2023;
                          (iii) $1,429,439,392 for fiscal year 
                        2024;
                          (iv) $1,458,028,180 for fiscal year 
                        2025; and
                          (v) $1,487,188,740 for fiscal year 
                        2026.
           * * * * * * *
                  [(D) Metropolitan planning.--Of the amount 
                set aside under this paragraph for a State, the 
                Secretary shall use to carry out section 134 an 
                amount determined by multiplying the set-aside 
                amount by the proportion that--
                          [(i) the amount apportioned to the 
                        State to carry out section 134 for 
                        fiscal year 2009; bears to
                          [(ii) 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 MAP-21 (Public Law 112-
                        141; 126 Stat. 405).]
          [(6) Metropolitan planning.--To carry out section 
        134, an amount determined by multiplying the amount of 
        the base apportionment remaining for a State under 
        subsection (c) after making the set aside in accordance 
        with paragraph (5) 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.]
          (6) Metropolitan planning.--
                  (A) In general.--To carry out section 134, an 
                amount determined for the State under 
                subparagraphs (B) and (C).
                  (B) Total amount.--The total amount for 
                metropolitan planning for all States shall be--
                          (i) $ 438,121,139 for fiscal year 
                        2022;
                          (ii) $446,883,562 for fiscal year 
                        2023;
                          (iii) $455,821,233 for fiscal year 
                        2024;
                          (iv) $464,937,657 for fiscal year 
                        2025; and
                          (v) $474,236,409 for fiscal year 
                        2026.
                  (C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the 
                total amount to carry out section 134 under 
                subparagraph (B) so that each State receives an 
                amount equal to the proportion that--
                          (i) the amount apportioned to the 
                        State to carry out section 134 for 
                        fiscal year 2020; bears to
                          (ii) the total amount of funds 
                        apportioned to all States to carry out 
                        section 134 for fiscal year 2020.
          (7) Carbon reduction program.--For the carbon 
        reduction program under section 175, 2.56266964565637 
        percent of the amount remaining after distributing 
        amounts under paragraphs (4), (5), and (6).
          (8) PROTECT formula program.--To carry out subsection 
        (c) of the PROTECT program under section 176, 
        2.91393900690991 percent of the amount remaining after 
        distributing amounts under paragraphs (4), (5), and 
        (6).
  (c) Calculation of Amounts.--
          (1) State share.--For [each of fiscal years 2016 
        through 2020] fiscal year 2022 and each fiscal year 
        thereafter, the amount for each State shall be 
        determined as follows:
                  (A) Initial amounts.--The initial amounts for 
                each State shall be determined by multiplying--
                          [(i) each of--
                                  [(I) the base apportionment;
                                  [(II) supplemental funds 
                                reserved under subsection 
                                (h)(1) for the national highway 
                                performance program; and
                                  [(III) supplemental funds 
                                reserved under subsection 
                                (h)(2) for the surface 
                                transportation block grant 
                                program; by]
                          (i) the base apportionment; by
                          (ii) the share for each State, which 
                        shall be equal to the proportion that--
                                  (I) the amount of 
                                apportionments that the State 
                                received for [fiscal year 2015] 
                                fiscal year 2021; bears to
                                  (II) the amount of those 
                                apportionments received by all 
                                States for that fiscal year.
                  [(B) Adjustments to amounts.--The initial 
                amounts resulting from the calculation under 
                subparagraph (A) shall be adjusted to ensure 
                that each State receives an aggregate 
                apportionment equal to at least 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.]
                  (B) Guaranteed amounts.--The initial amounts 
                resulting from the calculation under 
                subparagraph (A) shall be adjusted to ensure 
                that each State receives an aggregate 
                apportionment that is--
                          (i) equal to at least 95 percent of 
                        the estimated tax payments paid into 
                        the Highway Trust Fund (other than the 
                        Mass Transit Account) in the most 
                        recent fiscal year for which data are 
                        available that are--
                                  (I) attributable to highway 
                                users in the State; and
                                  (II) associated with taxes in 
                                effect on July 1, 2019, and 
                                only up to the rate those taxes 
                                were in effect on that date;
                          (ii) at least 2 percent greater than 
                        the apportionment that the State 
                        received for fiscal year 2021; and
                          (iii) at least 1 percent greater than 
                        the apportionment that the State 
                        received for the previous fiscal year.
          (2) State apportionment.--On October 1 of [fiscal 
        years 2016 through 2020] fiscal year 2022 and each 
        fiscal year thereafter, the Secretary shall apportion 
        the sums authorized to be appropriated for expenditure 
        on the national highway performance program under 
        section 119, the surface transportation block grant 
        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 highway freight program under 
        section 167, the carbon reduction program under section 
        175, to carry out subsection (c) of the PROTECT program 
        under section 176, 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 paragraphs [(5)(D) and 
                        (6) of subsection (b)] 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 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 paragraphs [(5)(D) 
                        and (6) of subsection (b)] subsection 
                        (b)(6) to fund transportation planning 
                        outside of urbanized areas.
           * * * * * * *
  (f) Transfer of Highway and Transit Funds.--
          (1) Transfer of highway funds for transit projects.--
                  (A) In general.-- * * *
           * * * * * * *
          (3) Transfer of funds among states or to [federal 
        highway administration] an operating administration of 
        the department of transportation'an operating 
        administration of the department of transportation.--
                  (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] an 
                operating administration of the Department of 
                Transportation, for the purpose of funding 1 or 
                more projects that are eligible for assistance 
                with amounts so apportioned or allocated.
           * * * * * * *
  [(h) Supplemental Funds.--
          [(1) Supplemental funds for national highway 
        performance program.--
                  [(A) Amount.--Before making an apportionment 
                for a fiscal year under subsection (c), the 
                Secretary shall reserve for the national 
                highway performance program under section 119 
                for that fiscal year an amount equal to--
                          [(i) $53,596,122 for fiscal year 
                        2019; and
                          [(ii) $66,717,816 for fiscal year 
                        2020.
                  [(B) Treatment of funds.--Funds reserved 
                under subparagraph (A) and apportioned to a 
                State under subsection (c) shall be treated as 
                if apportioned under subsection (b)(1), and 
                shall be in addition to amounts apportioned 
                under that subsection.
          [(2) Supplemental funds for surface transportation 
        block grant program.--
                  [(A) Amount.--Before making an apportionment 
                for a fiscal year under subsection (c), the 
                Secretary shall reserve for the surface 
                transportation block grant program under 
                section 133 for that fiscal year an amount 
                equal to--
                          [(i) $835,000,000 for each of fiscal 
                        years 2016 and 2017 pursuant to section 
                        133(h), plus--
                                  [(I) $55,426,310 for fiscal 
                                year 2016; and
                                  [(II) $89,289,904 for fiscal 
                                year 2017; and
                          (ii) $850,000,000 for each of fiscal 
                        years 2018 through 2020 pursuant to 
                        section 133(h), plus--
                                  [(I) $118,013,536 for fiscal 
                                year 2018;
                                  [(II) $130,688,367 for fiscal 
                                year 2019; and
                                  (III) $170,053,448 for fiscal 
                                year 2020.
                  [(B) Treatment of funds.--Funds reserved 
                under subparagraph (A) and apportioned to a 
                State under subsection (c) shall be treated as 
                if apportioned under subsection (b)(2), and 
                shall be in addition to amounts apportioned 
                under that subsection.]
  [(i)] (h) Base Apportionment Defined.--In this section, the 
term ``base apportionment'' [means--
          (1) the combined amount] means the combined amount 
        authorized for appropriation for the national highway 
        performance program under section 119, the surface 
        transportation block grant 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 
        highway freight program under section 167, [and to 
        carry out section 134; minus] the carbon reduction 
        program under section 175, to carry out subsection (c) 
        of the PROTECT program under section 176, and to carry 
        out section 134.
          [(2) supplemental funds reserved under subsection (h) 
        for the national highway performance program and the 
        surface transportation block grant program.
           * * * * * * *

Sec. 106. Project approval and oversight

  (a) In General.--
          (1) Submission of plans, specifications, and 
        estimates.-- * * *
           * * * * * * *
  (g) Oversight Program.--
          (1) Establishment.-- * * *
           * * * * * * *
          (3) Project delivery.--[The Secretary]
                  (A) In general.--The Secretary shall perform 
                [annual] reviews that address elements of the 
                project delivery system of a State, which 
                elements include one or more activities that 
                are involved in the life cycle of a project 
                from conception to completion of the project.
                  (B) Frequency.--
                          (i) In general.--Except as provided 
                        in clauses (ii) and (iii), the 
                        Secretary shall carry out a review 
                        under subparagraph (A) not less 
                        frequently than once every 2 years.
                          (ii) Consultation with state.--The 
                        Secretary, after consultation with a 
                        State, may make a determination to 
                        carry out a review under subparagraph 
                        (A) for that State less frequently than 
                        provided under clause (i).
                          (iii) Cause.--If the Secretary 
                        determines that there is a specific 
                        reason to require a review more 
                        frequently than provided under clause 
                        (i) with respect to a State, the 
                        Secretary may carry out a review more 
                        frequently than provided under that 
                        clause.
           * * * * * * *
  (h) Major Projects.--
          (1) In general.--Notwithstanding any other provision 
        of this section, a recipient of Federal financial 
        assistance for a project under this title with an 
        estimated total cost of $500,000,000 or more, and 
        recipients for such other projects as may be identified 
        by the Secretary, shall submit to the Secretary for 
        each project--
                  (A) * * *
           * * * * * * *
          (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;
                  (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; [and]
                  (D) for a project in which the project 
                sponsor intends to carry out the project 
                through a public-private partnership agreement, 
                shall include a detailed value for money 
                analysis or similar comparative analysis for 
                the project; and
                  [(D)] (E) shall assess the appropriateness of 
                a public-private partnership to deliver the 
                project.
           * * * * * * *

Sec. 108. Advance acquisition of real property

  (a) In General.--
          (1) Availability of funds.-- * * *
           * * * * * * *
  (c) State-funded Early Acquisition of Real Property 
Interests.--
          (1) In general.-- * * *
           * * * * * * *
                  (F) before the time that the cost incurred by 
                a State is approved for Federal participation, 
                environmental compliance pursuant to the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) has been completed for the 
                project for which the real property interest 
                was acquired by the State, and the acquisition 
                has been approved by the Secretary under [this 
                Act,d in compliance with section 303 
                of title 49, section 7 of the Endangered 
                Species Act] this title, and all other 
                applicable environmental laws shall be 
                identified by the Secretary in regulations; and
           * * * * * * *

Sec. 109. Standards

  (a) In General.--The Secretary shall ensure that the plans 
and specifications for each proposed highway project under this 
chapter provide for a facility that will--
          (1) * * *
           * * * * * * *
  (c) Design Criteria for National Highway System.--
          (1) In general.--A design for new construction, 
        reconstruction, resurfacing (except for maintenance 
        resurfacing), restoration, or rehabilitation of a 
        highway on the National Highway System (other than a 
        highway also on the Interstate System) shall consider, 
        in addition to the criteria described in subsection 
        (a)--
                  (A * * *
           * * * * * * *
          (2) Development of criteria.--The Secretary, in 
        cooperation with State transportation departments, may 
        develop criteria to implement paragraph (1). In 
        developing criteria under this paragraph, the Secretary 
        shall consider--
           * * * * * * *
                  (E) the publication entitled ``Urban Street 
                Design Guide'' of the National Association of 
                City Transportation Officials; [and]
                  (F) the publication of the Federal Highway 
                Administration entitled `Wildlife Crossing 
                Structure Handbook: Design and Evaluation in 
                North America' and dated March 2011; and
                  [(F)] (G) any other material that the 
                Secretary determines to be appropriate.
           * * * * * * *
  [(d) On any]
  (d) Manual on Uniform Traffic Control Devices.--
          (1) In general.--On any highway project in which 
        Federal funds hereafter participate, or on any such 
        project constructed since December 20, 1944, the 
        location, form and character of informational, 
        regulatory and warning signs, curb and pavement or 
        other markings, and traffic signals installed or placed 
        by any public authority or other agency, shall be 
        subject to the approval of the State transportation 
        department with the concurrence of the Secretary, who 
        is directed to concur only in such installations as 
        will [promote the safe] promote the safety, inclusion, 
        and mobility of all users and efficient utilization of 
        the highways.
          (2) Updates.--Not later than 18 months after the date 
        of enactment of the Surface Transportation 
        Reauthorization Act of 2021 and not less frequently 
        than every 4 years thereafter, the Secretary shall 
        update the Manual on Uniform Traffic Control Devices.
           * * * * * * *
  (o) Compliance With State Laws for Non-NHS Projects.--
[Projects]
                  (A) In general.--Projects (other than highway 
                projects on the National Highway System) shall 
                be designed, constructed, operated, and 
                maintained in accordance with State laws, 
                regulations, directives, safety standards, 
                design standards, and construction standards.
                  (B) Local jurisdictions.--Notwithstanding 
                subparagraph (A), a local jurisdiction may use 
                a roadway design guide recognized by the 
                Federal Highway Administration and adopted by 
                the local jurisdiction that is different from 
                the roadway design guide used by the State in 
                which the local jurisdiction is located for the 
                design of projects on all roadways under the 
                ownership of the local jurisdiction (other than 
                a highway on the National Highway System) for 
                which the local jurisdiction is the project 
                sponsor, provided that the design complies with 
                all other applicable Federal laws.
           * * * * * * *
  (s) Electric Vehicle Charging Stations.--
          (1) Standards.--Electric vehicle charging 
        infrastructure installed using funds provided under 
        this title shall provide, at a minimum--
                  (A) non-proprietary charging connectors that 
                meet applicable industry safety standards; and
                  (B) open access to payment methods that are 
                available to all members of the public to 
                ensure secure, convenient, and equal access to 
                the electric vehicle charging infrastructure 
                that shall not be limited by membership to a 
                particular payment provider.
          (2) Treatment of projects.--Notwithstanding any other 
        provision of law, a project to install electric vehicle 
        charging infrastructure using funds provided under this 
        title shall be treated as if the project is located on 
        a Federal-aid highway.
           * * * * * * *

Sec. 112. Letting of contracts

  (a * * *
           * * * * * * *
  (b) Bidding Requirements.--
          (1) In general.-- * * *
           * * * * * * *
          (2) Contracting for engineering and design 
        services.--
                  (A) General rule.-- * * *
           * * * * * * *
                  [(F) (F) Subparagraphs]
                  (F) Exclusion.--Subparagraphs (B), (C), (D) 
                and (E) herein shall not apply to the States of 
                West Virginia or Minnesota.
           * * * * * * *

Sec. 115. Advance construction

  (a) In General.-- * * *
           * * * * * * *
  (c) Inclusion in Transportation Improvement Program.--The 
Secretary may approve an application for a project under this 
section only if the project is included in the transportation 
improvement program of the State developed under [section 
135(f)] section 135(g).
           * * * * * * *

Sec. 117. Nationally significant freight and highway projects

  (a) Establishment.--
          (1) In general.--There is established a nationally 
        significant freight and highway projects program to 
        provide financial assistance for projects of national 
        or regional significance.
          (2) Goals.--The goals of the program shall be to--
                  (A) improve the safety, efficiency, and 
                reliability of the movement of freight and 
                people in and across rural and urban areas;
           * * * * * * *
                  (F) improve roadways vital to national energy 
                security , including highways that support 
                movement of energy equipment; and
           * * * * * * *
  (b) Grant Authority.--
          (1) In general.--In carrying out the program 
        established in subsection (a), the Secretary may make 
        grants, on a competitive basis, in accordance with this 
        section.
          (2) Grant amount.--Except as otherwise provided, each 
        grant made under this section shall be in an amount 
        that is at least $25,000,000.
          (3) Grant administration.--The Secretary may--
                  (A) retain not more than a total of 2 percent 
                of the funds made available to carry out this 
                section for the National Surface Transportation 
                and Innovative Finance Bureau to review 
                applications for grants under this section; and
                  (B) transfer portions of the funds retained 
                under subparagraph (A) to the relevant 
                Administrators to fund the award and oversight 
                of grants provided under this section.
  (c) Eligible Applicants.--
          (1) In general.--The Secretary may make a grant under 
        this section to the following:
                  (A) A State or a group of States.
                  (B) * * *
           * * * * * * *
                  (G) A tribal government or a consortium of 
                tribal governments.
                  (H) A multistate corridor organization.
                  [(H)] (I) A multistate or multijurisdictional 
                group of entities described in this paragraph.
          (2) Applications.--To be eligible for a grant under 
        this section, an entity specified in paragraph (1) 
        shall submit to the Secretary an application in such 
        form, at such time, and containing such information as 
        the Secretary determines is appropriate.
  (d) Eligible Projects.--
          (1) In general.--Except as provided in subsection 
        (e), the Secretary may make a grant under this section 
        only for a project that--
                  (A) is--
                          (i) * * *
           * * * * * * *
                                  (II) within the boundaries of 
                                a public or private freight 
                                rail, water (including ports), 
                                or intermodal facility and that 
                                is a surface transportation 
                                infrastructure project 
                                necessary to facilitate direct 
                                intermodal interchange, 
                                transfer, or access into or out 
                                of the facility; [or]
                          (iv) a railway-highway grade crossing 
                        or grade separation project; [and]
                          (v) a wildlife crossing project;
                          (vi) a surface transportation 
                        infrastructure project that--
                                  (I) is located within the 
                                boundaries of or functionally 
                                connected to an international 
                                border crossing area in the 
                                United States;
                                  (II) improves a 
                                transportation facility owned 
                                by a Federal, State, or local 
                                government entity; and
                                  (III) increases throughput 
                                efficiency of the border 
                                crossing described in subclause 
                                (I), including--
                                          (aa) a project to add 
                                        lanes;
                                          (bb) a project to add 
                                        technology; and
                                          (cc) other surface 
                                        transportation 
                                        improvements; or
                          (vii) a project for a marine highway 
                        corridor designated by the Secretary 
                        under section 55601(c) of title 46 
                        (including an inland waterway 
                        corridor), if the Secretary determines 
                        that the project--
                                  (I) is functionally connected 
                                to the National Highway Freight 
                                Network; and
                                  (II) is likely to reduce on-
                                road mobile source emissions; 
                                and
           * * * * * * *
          (2) Limitation.--
                  (A) In general.--Not more than [$600,000,000] 
                30 percent of the amounts made available for 
                grants under this section for [fiscal years 
                2016 through 2021, in the aggregate,] each of 
                fiscal years 2022 through 2026 may be used to 
                make grants for projects described in paragraph 
                (1)(A)(iii) and such a project may only receive 
                a grant under this section if--
           * * * * * * *
  (e) Small Projects.--
          (1) In general.--The Secretary shall reserve [10 
        percent] not less than 15 percent of the amounts made 
        available for grants under this section each fiscal 
        year to make grants for projects described in 
        subsection (d)(1)(A) that do not satisfy the minimum 
        threshold under subsection (d)(1)(B).
          (2) Grant amount.--Each grant made under this 
        subsection shall be in an amount that is at least 
        $5,000,000.
          (3) Project selection considerations.--In addition to 
        other applicable requirements, in making grants under 
        this subsection the Secretary shall consider--
                  (A) the cost effectiveness of the proposed 
                project; [and]
                  (B) the effect of the proposed project on 
                mobility in the State and region in which the 
                project is carried out[.] ; and
                  (C) the effect of the proposed project on 
                safety on freight corridors with significant 
                hazards, such as high winds, heavy snowfall, 
                flooding, rockslides, mudslides, wildfire, 
                wildlife crossing onto the roadway, or steep 
                grades.
          (4) Requirement.--Of the amounts reserved under 
        paragraph (1), not less than 30 percent shall be used 
        for projects in rural areas (as defined in subsection 
        (i)(3)).
           * * * * * * *
  (h) Additional Considerations.--In making a grant under this 
section, the Secretary shall consider--
          (1) utilization of nontraditional financing, 
        innovative design and construction techniques, or 
        innovative technologies;
          (2) utilization of non-Federal contributions; [and]
          (3) contributions to geographic diversity among grant 
        recipients, including the need for a balance between 
        the needs of rural and urban communities[.] ;and
          (4) enhancement of freight resilience to natural 
        hazards or disasters, including high winds, heavy 
        snowfall, flooding, rockslides, mudslides, wildfire, 
        wildlife crossing onto the roadway, or steep grades;
          (5) whether the project will improve the shared 
        transportation corridor of a multistate corridor 
        organization, if applicable; and
          (6) prioritizing projects located in States in which 
        neither the State nor an eligible entity in that State 
        has been awarded a grant under this section.
  (i) Rural Areas.--
          (1) In general.--The Secretary shall reserve not less 
        than 25 percent of the amounts made available for 
        grants under this section, including the amounts made 
        available under subsection (e), each fiscal year to 
        make grants for projects located in rural areas.
          (2) Excess funding.--In any fiscal year in which 
        qualified applications for grants under this subsection 
        will not allow for the amount reserved under paragraph 
        (1) to be fully utilized, the Secretary shall use the 
        unutilized amounts to make [other grants under this 
        section] grants under subsection (e).
          (3) Rural area defined.--In this subsection, the term 
        ``rural area'' means an area that is outside an 
        urbanized area with a population of over 200,000.
  [(j) Federal Share.--
          [(1) In general.--The Federal share]
  (j) Federal Assistance.--
          (1) Federal share.--
                  (A) In general.--Except as provided in 
                subparagraph (B) or for a grant under 
                subsection (q), the Federal share
                  (B) Small projects.--In the case of a project 
                described in subsection (e)(1), the Federal 
                share of the cost of the project shall be 80 
                percent.
          (2) Maximum federal involvement.--[Federal assistance 
        other] Except for grants under subsection (q), Federal 
        assistance other than a grant under this section may be 
        used to satisfy the non-Federal share of the cost of a 
        project for which such a grant is made, [except that 
        the total Federal] except that--
                  (A) for a State with a population density of 
                not more than 80 persons per square mile of 
                land area, based on the 2010 census, the 
                maximum share of the total Federal assistance 
                provided for a project receiving a grant under 
                this section shall be the applicable share 
                under section 120(b); and
                  (B) for a State not described in subparagraph 
                (A), the total Federal assistance provided for 
                a project receiving a grant under this section 
                may not exceed 80 percent of the total project 
                cost.
           * * * * * * *
  (k) Efficient Use of Non-Federal Funds.--
          (1) In general.--Notwithstanding any other provision 
        of law and subject to approval by the Secretary under 
        paragraph (2)(B), in the case of any grant for a 
        project under this section, during the period beginning 
        on the date on which the grant recipient is selected 
        and ending on the date on which the grant agreement is 
        signed--
                  (A) the grant recipient may obligate and 
                expend non-Federal funds with respect to the 
                project for which the grant is provided; and
                  (B) any non-Federal funds obligated or 
                expended in accordance with subparagraph (A) 
                shall be credited toward the non-Federal cost 
                share for the project for which the grant is 
                provided.
          (2) Requirements.--
                  (A) Application.--In order to obligate and 
                expend non-Federal funds under paragraph (1), 
                the grant recipient shall submit to the 
                Secretary a request to obligate and expend non-
                Federal funds under that paragraph, including--
                          (i) a description of the activities 
                        the grant recipient intends to fund;
                          (ii) a justification for advancing 
                        the activities described in clause (i), 
                        including an assessment of the effects 
                        to the project scope, schedule, and 
                        budget if the request is not approved; 
                        and
                          (iii) the level of risk of the 
                        activities described in clause (i).
                  (B) Approval.--The Secretary shall approve or 
                disapprove each request submitted under 
                subparagraph (A).
                  (C) Compliance with applicable 
                requirements.--Any non-Federal funds obligated 
                or expended under paragraph (1) shall comply 
                with all applicable requirements, including any 
                requirements included in the grant agreement.
          (3) Effect.--The obligation or expenditure of any 
        non-Federal funds in accordance with this subsection 
        shall not--
                  (A) affect the signing of a grant agreement 
                or other applicable grant procedures with 
                respect to the applicable grant;
                  (B) create an obligation on the part of the 
                Federal Government to repay any non-Federal 
                funds if the grant agreement is not signed; or
                  (C) affect the ability of the recipient of 
                the grant to obligate or expend non-Federal 
                funds to meet the non-Federal cost share for 
                the project for which the grant is provided 
                after the period described in paragraph (1).
  [(k)] (l) Treatment of Freight Projects.--Notwithstanding any 
other provision of law, a freight project carried out under 
this section shall be treated as if the project is located on a 
Federal-aid highway.
  [(l)] (m) TIFIA Program.--At the request of an eligible 
applicant under this section, the Secretary may use amounts 
awarded to the entity to pay subsidy and administrative costs 
necessary to provide the entity Federal credit assistance under 
chapter 6 with respect to the project for which the grant was 
awarded.
  [(m)] (n) Congressional Notification.--
          (1) Notification.--
                  (A) In general.--At least 60 days before 
                making a grant for a project under this 
                section, the Secretary shall notify, in 
                writing, the Committee on Transportation and 
                Infrastructure of the House of Representatives 
                and the Committee on Environment and Public 
                Works of the Senate of the proposed grant. The 
                notification shall include an evaluation and 
                justification for the project and the amount of 
                the proposed grant award.
                  (B) Multimodal projects.--In addition to the 
                notice required under subparagraph (A), the 
                Secretary shall notify the Committee on 
                Commerce, Science, and Transportation of the 
                Senate before making a grant for a project 
                described in subsection (d)(1)(A)(iii).
          (2) Congressional disapproval.--The Secretary may not 
        make a grant or any other obligation or commitment to 
        fund a project under this section if a joint resolution 
        is enacted disapproving funding for the project before 
        the last day of the 60-day period described in 
        paragraph (1).
  (o) Applicant Notification.--
          (1) In general.--Not later than 60 days after the 
        date on which a grant recipient for a project under 
        this section is selected, the Secretary shall provide 
        to each eligible applicant not selected for that grant 
        a written notification that the eligible applicant was 
        not selected.
          (2) Inclusion.--A written notification under 
        paragraph (1) shall include an offer for a written or 
        telephonic debrief by the Secretary that will provide--
                  (A) detail on the evaluation of the 
                application of the eligible applicant; and
                  (B) an explanation of and guidance on the 
                reasons the application was not selected for a 
                grant under this section.
          (3) Response.--
                  (A) In general.--Not later than 30 days after 
                the eligible applicant receives a written 
                notification under paragraph (1), if the 
                eligible applicant opts to receive a debrief 
                described in paragraph (2), the eligible 
                applicant shall notify the Secretary that the 
                eligible applicant is requesting a debrief.
                  (B) Debrief.--If the eligible applicant 
                submits a request for a debrief under 
                subparagraph (A), the Secretary shall provide 
                the debrief by not later than 60 days after the 
                date on which the Secretary receives the 
                request for a debrief.
  [(n)] [(p) Reports.--
          [(1) Annual report.--The Secretary shall make 
        available on the Web site of the Department of 
        Transportation at the end of each fiscal year an annual 
        report that lists each project for which a grant has 
        been provided under this section during that fiscal 
        year.
          [(2) Comptroller general.--
                  [(A) Assessment.--The Comptroller General of 
                the United States shall conduct an assessment 
                of the administrative establishment, 
                solicitation, selection, and justification 
                process with respect to the funding of grants 
                under this section.
                  [(B) Report.--Not later than 1 year after the 
                initial awarding of grants under this section, 
                the Comptroller General shall submit to the 
                Committee on Environment and Public Works of 
                the Senate, the Committee on Commerce, Science, 
                and Transportation of the Senate, and the 
                Committee on Transportation and Infrastructure 
                of the House of Representatives a report that 
                describes--
                          [(i) the adequacy and fairness of the 
                        process by which each project was 
                        selected, if applicable; and
                          [(ii) the justification and criteria 
                        used for the selection of each project, 
                        if applicable.]
  (p) Reports.--
          (1) Annual report.--
                  (A) In general.--Notwithstanding any other 
                provision of law, not later than 30 days after 
                the date on which the Secretary selects a 
                project for funding under this section, 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 report that describes the reasons for 
                selecting the project, based on any criteria 
                established by the Secretary in accordance with 
                this section.
                  (B) Inclusions.--The report submitted under 
                subparagraph (A) shall specify each criterion 
                established by the Secretary that the project 
                meets.
                  (C) Availability.--The Secretary shall make 
                available on the website of the Department of 
                Transportation the report submitted under 
                subparagraph (A).
                  (D) Applicability.--This paragraph applies to 
                all projects described in subparagraph (A) that 
                the Secretary selects on or after October 1, 
                2021.
          (2) Comptroller general.--
                  (A) Assessment.--The Comptroller General of 
                the United States shall conduct an assessment 
                of the establishment, solicitation, selection, 
                and justification process with respect to the 
                funding of projects under this section.
                  (B) Report.--Not later than 1 year after the 
                date of enactment of the Surface Transportation 
                Reauthorization Act of 2021 and annually 
                thereafter, the Comptroller General of the 
                United States 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 that describes, for each project 
                selected to receive funding under this 
                section--
                          (i) the process by which each project 
                        was selected;
                          (ii) the factors that went into the 
                        selection of each project; and
                          (iii) the justification for the 
                        selection of each project based on any 
                        criteria established by the Secretary 
                        in accordance with this section.
          (3) Inspector general.--Not later than 1 year after 
        the date of enactment of the Surface Transportation 
        Reauthorization Act of 2021 and annually thereafter, 
        the Inspector General of the Department of 
        Transportation shall--
                  (A) conduct an assessment of the 
                establishment, solicitation, selection, and 
                justification process with respect to the 
                funding of projects under this section; and
                  (B) 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 final report 
                that describes the findings of the Inspector 
                General of the Department of Transportation 
                with respect to the assessment conducted under 
                subparagraph (A).
  (q) State Incentives Pilot Program.--
          (1) Establishment.--There is established a pilot 
        program to award grants to eligible applicants for 
        projects eligible for grants under this section 
        (referred to in this subsection as the `pilot 
        program').
          (2) Priority.--In awarding grants under the pilot 
        program, the Secretary shall give priority to an 
        application that offers a greater non-Federal share of 
        the cost of a project relative to other applications 
        under the pilot program.
          (3) Federal share.--
                  (A) In general.--Notwithstanding any other 
                provision of law, the Federal share of the cost 
                of a project assisted with a grant under the 
                pilot program may not exceed 50 percent.
                  (B) No federal involvement.--
                          (i) In general.--For grants awarded 
                        under the pilot program, except as 
                        provided in clause (ii), an eligible 
                        applicant may not use Federal 
                        assistance to satisfy the non-Federal 
                        share of the cost under subparagraph 
                        (A).
                          (ii) Exception.--An eligible 
                        applicant may use funds from a secured 
                        loan (as defined in section 601(a)) to 
                        satisfy the non-Federal share of the 
                        cost under subparagraph (A) if the loan 
                        is repayable from non-Federal funds.
          (4) Reservation.--
                  (A) In general.--Of the amounts made 
                available to provide grants under this section, 
                the Secretary shall reserve for each fiscal 
                year $150,000,000 to provide grants under the 
                pilot program.
                  (B) Unutilized amounts.--In any fiscal year 
                during which applications under this subsection 
                are insufficient to effect an award or 
                allocation of the entire amount reserved under 
                subparagraph (A), the Secretary shall use the 
                unutilized amounts to provide other grants 
                under this section.
          (5) Set-asides.--
                  (A) Small projects.--
                          (i) In general.--Of the amounts 
                        reserved under paragraph (4)(A), the 
                        Secretary shall reserve for each fiscal 
                        year not less than 10 percent for 
                        projects eligible for a grant under 
                        subsection (e).
                          (ii) Requirement.--For a grant 
                        awarded from the amount reserved under 
                        clause (i)--
                                  (I) the requirements of 
                                subsection (e) shall apply; and
                                  (II) the requirements of 
                                subsection (g) shall not apply.
                  (B) Rural projects.--
                          (i) In general.--Of the amounts 
                        reserved under paragraph (4)(A), the 
                        Secretary shall reserve for each fiscal 
                        year not less than 25 percent for 
                        projects eligible for a grant under 
                        subsection (i).
                          (ii) Requirement.--For a grant 
                        awarded from the amount reserved under 
                        clause (i), the requirements of 
                        subsection (i) shall apply.
          (6) Report to congress.--Not later than 2 years after 
        the date of enactment of this subsection, 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 
        report that describes the administration of the pilot 
        program, including--
                  (A) the number, types, and locations of 
                eligible applicants that have applied for 
                grants under the pilot program;
                  (B) the number, types, and locations of grant 
                recipients under the pilot program;
                  (C) an assessment of whether implementation 
                of the pilot program has incentivized eligible 
                applicants to offer a greater non-Federal share 
                for grants under the pilot program; and
                  (D) any recommendations for modifications to 
                the pilot program.
  (r) Multistate Corridor Organization Defined.--For purposes 
of this section, the term `multistate corridor organization' 
means an organization of a group of States developed through 
cooperative agreements, coalitions, or other arrangements to 
promote regional cooperation, planning, and shared project 
implementation for programs and projects to improve 
transportation system management and operations for a shared 
transportation corridor.
           * * * * * * *

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;
          (2) to provide support for the construction of new 
        facilities on the National Highway System; [and]
          (3) to ensure that investments of Federal-aid funds 
        in highway construction are directed to support 
        progress toward the achievement of performance targets 
        established in an asset management plan of a State for 
        the National Highway System[.] ; and
          (4) to provide support for activities to increase the 
        resiliency of the National Highway System to mitigate 
        the cost of damages from sea level rise, extreme 
        weather events, flooding, or other natural disasters.
  (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) a project or part of a program of projects 
        supporting progress toward the achievement of national 
        performance goals for improving infrastructure 
        condition, safety, congestion reduction, system 
        reliability, or freight movement on the National 
        Highway System; and
          (B) consistent with sections 134 and 135; and
          (2) for 1 or more of the following purposes:
                  (A) * * *
           * * * * * * *
                  (Q) Undergrounding public utility 
                infrastructure carried out in conjunction with 
                a project otherwise eligible under this 
                section.
                  (R) Resiliency improvements on the National 
                Highway System, including protective features 
                described in subsection (k)(2).
                  (S) Implement activities to protect segments 
                of the National Highway System from 
                cybersecurity threats.
  (e) State Performance Management.--
          (1) In general.-- * * *
           * * * * * * *
          (4) 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) * * *
           * * * * * * *
                  (D) lifecycle cost and risk management 
                [analysis] analyses, both of which shall take 
                into consideration extreme weather and 
                resilience
           * * * * * * *
  (f) Interstate System and NHS Bridge Conditions.--
          (1) Condition of interstate system.-- * * *
           * * * * * * *
          (2) Condition of nhs bridges.--
                  (A) Penalty.--If the Secretary determines 
                that, for the 3-year-period preceding the date 
                of the determination, more than 10 percent of 
                the total deck area of bridges in the State on 
                the National Highway System is located on 
                bridges that have been classified as 
                [structurally deficient] in poor condition, an 
                amount equal to 50 percent of funds apportioned 
                to such State for fiscal year 2009 to carry out 
                section 144 (as in effect the day before 
                enactment of MAP-21) shall be set aside from 
                amounts apportioned to a State for a fiscal 
                year under section 104(b)(1) only for eligible 
                projects on bridges on the National Highway 
                System.
                  (B) Restoration.--The set-aside requirement 
                for bridges on the National Highway System in a 
                State under subparagraph (A) for a fiscal year 
                shall remain in effect for each subsequent 
                fiscal year until such time as less than 10 
                percent of the total deck area of bridges in 
                the State on the National Highway System is 
                located on bridges that have been classified as 
                [structurally deficient] in poor condition, as 
                determined by the Secretary.
           * * * * * * *
  (j) Critical Infrastructure.--
          (1) Critical infrastructure defined.-- * * *
           * * * * * * *
  (k) Protective Features.--
          (1) In general.--A State may use not more than 15 
        percent of the funds apportioned to the State under 
        section 104(b)(1) for each fiscal year for 1 or more 
        protective features on a Federal-aid highway or bridge 
        not on the National Highway System, if the protective 
        feature is designed to mitigate the risk of recurring 
        damage or the cost of future repairs from extreme 
        weather events, flooding, or other natural disasters.
          (2) Protective features described.--A protective 
        feature referred to in paragraph (1) includes--
                  (A) raising roadway grades;
                  (B) relocating roadways in a base floodplain 
                to higher ground above projected flood 
                elevation levels or away from slide prone 
                areas;
                  (C) stabilizing slide areas;
                  (D) stabilizing slopes;
                  (E) lengthening or raising bridges to 
                increase waterway openings;
                  (F) increasing the size or number of drainage 
                structures;
                  (G) replacing culverts with bridges or 
                upsizing culverts;
                  (H) installing seismic retrofits on bridges;
                  (I) adding scour protection at bridges, 
                installing riprap, or adding other scour, 
                stream stability, coastal, or other hydraulic 
                countermeasures, including spur dikes; and
                  (J) the use of natural infrastructure to 
                mitigate the risk of recurring damage or the 
                cost of future repair from extreme weather 
                events, flooding, or other natural disasters.
          (3) Savings provision.--Nothing in this subsection 
        limits the ability of a State to carry out a project 
        otherwise eligible under subsection (d) using funds 
        apportioned under section 104(b)(1).
           * * * * * * *

Sec. 120. Federal share payable

  (a) Interstate System Projects.--
          (1) In general.-- * * *
           * * * * * * *
  (c) Increased Federal Share.--
          (1) Certain safety projects.--The Federal share 
        payable on account of any project for traffic control 
        signalization, maintaining minimum levels of 
        retroreflectivity of highway signs or pavement 
        markings, traffic circles (also known as 
        ``roundabouts''), safety rest areas, pavement marking, 
        shoulder and centerline rumble strips and stripes, 
        commuter carpooling and vanpooling, rail-highway 
        crossing closure, or installation of traffic signs, 
        traffic lights, guardrails, impact attenuators, 
        concrete barrier endtreatments, breakaway utility 
        poles, vehicle-to-infrastructure communication 
        equipment, or priority control systems for emergency 
        vehicles or transit vehicles at signalized 
        intersections may amount to 100 percent of the cost of 
        construction of such projects; except that not more 
        than 10 percent of all sums apportioned for all the 
        Federal-aid programs for any fiscal year in accordance 
        with section 104 of this title shall be used under this 
        subsection. In this subsection, the term ``safety rest 
        area'' means an area where motor vehicle operators can 
        park their vehicles and rest, where food, fuel, and 
        lodging services are not available, and that is located 
        on a segment of highway with respect to which the 
        Secretary determines there is a shortage of public and 
        private areas at which motor vehicle operators can park 
        their vehicles and rest.
           * * * * * * *
          (3) Innovative project delivery.--
                  (A) In general.-- * * *
           * * * * * * *
                  (B) Examples.--Projects, programs, and 
                activities described in subparagraph (A) may 
                include the use of--
                          (i) * * *
           * * * * * * *
                          (v) innovative pavement materials 
                        that have a demonstrated life cycle of 
                        75 or more years, are manufactured with 
                        reduced greenhouse gas emissions, and 
                        reduce construction-related congestion 
                        by rapidly curing; [or]
                          (vi) contractual provisions that 
                        provide safety contingency funds to 
                        incorporate safety enhancements to work 
                        zones prior to or during roadway 
                        construction activities; or
                          [(vi)] (vii) 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.
           * * * * * * *
          (4) Pooled funding.--Notwithstanding any other 
        provision of law, the Secretary may waive the non-
        Federal share of the cost of a project or activity 
        under section 502(b)(6) that is carried out with 
        amounts apportioned under section 104(b)(2) after 
        considering appropriate factors, including whether--
                  (A) decreasing or eliminating the non-Federal 
                share would best serve the interests of the 
                Federal-aid highway program; and
                  (B) the project or activity addresses 
                national or regional high priority research, 
                development, and technology transfer problems 
                in a manner that would benefit multiple States 
                or metropolitan planning organizations.
           * * * * * * *
  (e) Emergency Relief.--The Federal share payable for any 
repair or reconstruction provided for by funds made available 
under section 125 for any project on a Federal-aid highway, 
including the Interstate System, shall not exceed the Federal 
share payable on a project on the system as provided in 
subsections (a) and (b), except that--
          (1) the Federal share payable for eligible emergency 
        repairs to minimize damage, protect facilities, or 
        restore essential traffic accomplished within [180 
        days] 270 days after the actual occurrence of the 
        natural disaster or catastrophic failure may amount to 
        100 percent of the cost of the repairs;
           * * * * * * *
          (4) the Federal share payable for eligible 
        [permanent] repairs to restore damaged facilities to 
        predisaster condition may amount to 90 percent of the 
        cost of the repairs if the eligible expenses incurred 
        by the State due to natural disasters or catastrophic 
        failures in a Federal fiscal year exceeds the annual 
        apportionment of the State under section 104 for the 
        fiscal year in which the disasters or failures 
        occurred.
           * * * * * * *
  (l) Federal Share Flexibility Pilot Program.--
          (1) Establishment.--Not later than 180 days after the 
        date of enactment of the Surface Transportation 
        Reauthorization Act of 2021, the Secretary shall 
        establish a pilot program (referred to in this 
        subsection as the `pilot program') to give States 
        additional flexibility with respect to the Federal 
        requirements under this section.
          (2) Program.--
                  (A) In general.--Notwithstanding any other 
                provision of law, a State participating in the 
                pilot program (referred to in this subsection 
                as a `participating State') may determine the 
                Federal share on a project, multiple-project, 
                or program basis for projects under any of the 
                following:
                          (i) The national highway performance 
                        program under section 119.
                          (ii) The surface transportation block 
                        grant program under section 133.
                          (iii) The highway safety improvement 
                        program under section 148.
                          (iv) The congestion mitigation and 
                        air quality improvement program under 
                        section 149.
                          (v) The national highway freight 
                        program under section 167.
                          (vi) The carbon reduction program 
                        under section 175.
                          (vii) Subsection (c) of the PROTECT 
                        program under section 176.
                  (B) Requirements.--
                          (i) Maximum federal share.--Subject 
                        to clause (iii), the Federal share of 
                        the cost of an individual project 
                        carried out under a program described 
                        in subparagraph (A) by a participating 
                        State and to which the participating 
                        State is applying the Federal share 
                        requirements under the pilot program 
                        may be up to 100 percent.
                          (ii) Minimum federal share.--No 
                        individual project carried out under a 
                        program described in subparagraph (A) 
                        by a participating State and to which 
                        the participating State is applying the 
                        Federal share requirements under the 
                        pilot program shall have a Federal 
                        share of 0 percent.
                          (iii) Determination.--The average 
                        annual Federal share of the total cost 
                        of all projects authorized under a 
                        program described in subparagraph (A) 
                        to which a participating State is 
                        applying the Federal share requirements 
                        under the pilot program shall be not 
                        more than the average of the maximum 
                        Federal share of those projects if 
                        those projects were not carried out 
                        under the pilot program.
                  (C) Selection.--
                          (i) Application.--A State seeking to 
                        be a participating State shall--
                                  (I) submit to the Secretary 
                                an application in such form, at 
                                such time, and containing such 
                                information as the Secretary 
                                may require; and
                                  (II) have in place adequate 
                                financial controls to allow the 
                                State to determine the average 
                                annual Federal share 
                                requirements under the pilot 
                                program.
                          (ii) Requirement.--For each of fiscal 
                        years 2022 through 2026, the Secretary 
                        shall select not more than 10 States to 
                        be participating States.
           * * * * * * *

[Sec. 123. Relocation of utility facilities

  (a) When a State shall pay for the cost of relocation of 
utility facilities necessitated by the construction of a 
project on any Federal-aid highway, Federal funds may be used 
to reimburse the State for such cost in the same proportion as 
Federal funds are expended on the project. Federal funds shall 
not be used to reimburse the State under this section when the 
payment to the utility violates the law of the State or 
violates a legal contract between the utility and the State. 
Such reimbursement shall be made only after evidence 
satisfactory to the Secretary shall have been presented to him 
substantiating the fact that the State has paid such cost from 
its own funds with respect to Federal-aid highway projects for 
which Federal funds are obligated subsequent to April 16, 1958, 
for work, including relocation of utility facilities.
  [(b) The term ``utility'', for the purposes of this section, 
shall include publicly, privately, and cooperatively owned 
utilities.
  [(c) The term ``cost of relocation'', for the purposes of 
this section, shall include the entire amount paid by such 
utility properly attributable to such relocation after 
deducting therefrom any increase in the value of the new 
facility and any salvage value derived from the old facility.]

Sec. 123. Relocation of utility facilities

  (a) Definitions.--In this section:
          (1) Cost of relocation.--The term `cost of 
        relocation' includes the entire amount paid by a 
        utility properly attributable to the relocation of a 
        utility facility, minus any increase in the value of 
        the new facility and any salvage value derived from the 
        old facility.
          (2) Early utility relocation project.--The term 
        `early utility relocation project' means utility 
        relocation activities identified by the State for 
        performance before completion of the environmental 
        review process for the transportation project.
          (3) Environmental review process.--The term 
        `environmental review process' has the meaning given 
        the term in section 139(a).
          (4) Transportation project.--The term `transportation 
        project' means a project.
          (5) Utility facility.--The term `utility facility' 
        means any privately, publicly, or cooperatively owned 
        line, facility, or system for producing, transmitting, 
        or distributing communications, power, electricity, 
        light, heat, gas, oil, crude products, water, steam, 
        waste, stormwater not connected with highway drainage, 
        or any other similar commodity, including any fire or 
        police signal system or street lighting system, that 
        directly or indirectly serves the public.
          (6) Utility relocation activity.--The term `utility 
        relocation activity' means an activity necessary for 
        the relocation of a utility facility, including 
        preliminary and final design, surveys, real property 
        acquisition, materials acquisition, and construction.
  (b) Reimbursement to States.--
          (1) In general.--If a State pays for the cost of 
        relocation of a utility facility necessitated by the 
        construction of a transportation project, Federal funds 
        may be used to reimburse the State for the cost of 
        relocation in the same proportion as Federal funds are 
        expended on the transportation project.
          (2) Limitation.--Federal funds shall not be used to 
        reimburse a State under this section if the payment to 
        the utility--
                  (A) violates the law of the State; or
                  (B) violates a legal contract between the 
                utility and the State.
          ``(3) Requirement.--A reimbursement under paragraph 
        (1) shall be made only if the State demonstrates to the 
        satisfaction of the Secretary that the State paid the 
        cost of the utility relocation activity from funds of 
        the State with respect to transportation projects for 
        which Federal funds are obligated subsequent to April 
        16, 1958, for work, including utility relocation 
        activities.
          (4) Reimbursement eligibility for early relocation 
        prior to transportation project environmental review 
        process.--
                  (A) In general.--In addition to the 
                requirements under paragraphs (1) through (3), 
                a State may carry out, at the expense of the 
                State, an early utility relocation project for 
                a transportation project before completion of 
                the environmental review process for the 
                transportation project.
                  (B) Requirements for reimbursement.--Funds 
                apportioned to a State under this title may be 
                used to pay the costs incurred by the State for 
                an early utility relocation project only if the 
                State demonstrates to the Secretary, and the 
                Secretary finds that--
                          (i) the early utility relocation 
                        project is necessary to accommodate a 
                        transportation project;
                          (ii) the State provides adequate 
                        documentation to the Secretary of 
                        eligible costs incurred by the State 
                        for the early utility relocation 
                        project;
                          (iii) before the commencement of the 
                        utility relocation activities, an 
                        environmental review process was 
                        completed for the early utility 
                        relocation project that resulted in a 
                        finding that the early utility 
                        relocation project--
                                  (I) would not result in 
                                significant adverse 
                                environmental impacts; and
                                  (II) would comply with other 
                                applicable Federal 
                                environmental requirements;
                          (iv) the early utility relocation 
                        project did not influence--
                                  (I) the environmental review 
                                process for the transportation 
                                project;
                                  (II) the decision relating to 
                                the need to construct the 
                                transportation project; or
                                  (III) the selection of the 
                                transportation project design 
                                or location;
                          (v) the early utility relocation 
                        project complies with all applicable 
                        provisions of law, including 
                        regulations issued pursuant to this 
                        title;
                          (vi) the early utility relocation 
                        project follows applicable financial 
                        procedures and requirements, including 
                        documentation of eligible costs and the 
                        requirements under section 109(l), but 
                        not including requirements applicable 
                        to authorization and obligation of 
                        Federal funds;
                          (vii) the transportation project for 
                        which the early utility relocation 
                        project was necessitated was included 
                        in the applicable transportation 
                        improvement program under section 134 
                        or 135;
                          (viii) before the cost incurred by a 
                        State is approved for Federal 
                        participation, environmental compliance 
                        pursuant to the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et 
                        seq.) has been completed for the 
                        transportation project for which the 
                        early utility relocation project was 
                        necessitated; and
                          (ix) the transportation project that 
                        necessitated the utility relocation 
                        activity is approved for construction.
                  (C) Savings provision.--Nothing in this 
                paragraph affects other eligibility 
                requirements or authorities for Federal 
                participation in payment of costs incurred for 
                utility relocation activities.
  (c) Applicability of Other Provisions.--Nothing in this 
section affects the applicability of other requirements that 
would otherwise apply to an early utility relocation project, 
including any applicable requirements under--
          (1) section 138;
          (2) the Uniform Relocation Assistance and Real 
        Property Acquisition Policies Act of 1970 (42 U.S.C. 
        4601 et seq.), including regulations under part 24 of 
        title 49, Code of Federal Regulations (or successor 
        regulations);
          (3) title VI of the Civil Rights Act of 1964 (42 
        U.S.C. 2000d et seq.); or
          (4) an environmental review process.

Sec. 124. Bridge investment program

  (a) Definitions.--In this section:
          (1) Eligible project.--
                  (A) In general.--The term `eligible project' 
                means a project to replace, rehabilitate, 
                preserve, or protect 1 or more bridges on the 
                National Bridge Inventory under section 144(b).
                  (B) Inclusions.--The term `eligible project' 
                includes--
                          (i) a bundle of projects described in 
                        subparagraph (A), regardless of whether 
                        the bundle of projects meets the 
                        requirements of section 144(j)(5); and
                          (ii) a project to replace or 
                        rehabilitate culverts for the purpose 
                        of improving flood control and improved 
                        habitat connectivity for aquatic 
                        species.
          (2) Large project.--The term `large project' means an 
        eligible project with total eligible project costs of 
        greater than $100,000,000.
          (3) Program.--The term `program' means the bridge 
        investment program established by subsection (b)(1).
  (b) Establishment of Bridge Investment Program.--
          ``(1) In general.--There is established a bridge 
        investment program to provide financial assistance for 
        eligible projects under this section.
          (2) Goals.--The goals of the program shall be--
                  (A) to improve the safety, efficiency, and 
                reliability of the movement of people and 
                freight over bridges;
                  (B) to improve the condition of bridges in 
                the United States by reducing--
                          (i) the number of bridges--
                                  (I) in poor condition; or
                                  (II) in fair condition and at 
                                risk of falling into poor 
                                condition within the next 3 
                                years;
                          (ii) the total person miles traveled 
                        over bridges--
                                  (I) in poor condition; or
                                  (II) in fair condition and at 
                                risk of falling into poor 
                                condition within the next 3 
                                years;
                          (iii) the number of bridges that--
                                  (I) do not meet current 
                                geometric design standards; or
                                  (II) cannot meet the load and 
                                traffic requirements typical of 
                                the regional transportation 
                                network; and
                          (iv) the total person miles traveled 
                        over bridges that--
                                  (I) do not meet current 
                                geometric design standards; or
                                  (II) cannot meet the load and 
                                traffic requirements typical of 
                                the regional transportation 
                                network; and
                  (C) to provide financial assistance that 
                leverages and encourages non-Federal 
                contributions from sponsors and stakeholders 
                involved in the planning, design, and 
                construction of eligible projects.
  (c) Grant Authority.--
          (1) In general.--In carrying out the program, the 
        Secretary may award grants, on a competitive basis, in 
        accordance with this section.
          (2) Grant amounts.--Except as otherwise provided, a 
        grant under the program shall be--
                  (A) in the case of a large project, in an 
                amount that is--
                          (i) adequate to fully fund the 
                        project (in combination with other 
                        financial resources identified in the 
                        application); and
                          (ii) not less than $50,000,000; and
                  (B) in the case of any other eligible 
                project, in an amount that is--
                          (i) adequate to fully fund the 
                        project (in combination with other 
                        financial resources identified in the 
                        application); and
                          (ii) not less than $2,500,000.
          (3) Maximum amount.--Except as otherwise provided, 
        for an eligible project receiving assistance under the 
        program, the amount of assistance provided by the 
        Secretary under this section, as a share of eligible 
        project costs, shall be--
                  (A) in the case of a large project, not more 
                than 50 percent; and
                  (B) in the case of any other eligible 
                project, not more than 80 percent.
          (4) Federal share.--
                  (A) Maximum federal involvement.--Federal 
                assistance other than a grant under the program 
                may be used to satisfy the non-Federal share of 
                the cost of a project for which a grant is 
                made, except that the total Federal assistance 
                provided for a project receiving a grant under 
                the program may not exceed the Federal share 
                for the project under section 120.
                  (B) Off-system bridges.--In the case of an 
                eligible project for an off-system bridge (as 
                defined in section 133(f)(1))--
                          (i) Federal assistance other than a 
                        grant under the program may be used to 
                        satisfy the non-Federal share of the 
                        cost of a project; and
                          (ii) notwithstanding subparagraph 
                        (A), the total Federal assistance 
                        provided for the project shall not 
                        exceed 90 percent of the total eligible 
                        project costs.
                  (C) Federal land management agencies and 
                tribal governments.--Notwithstanding any other 
                provision of law, Federal funds other than 
                Federal funds made available under this section 
                may be used to pay the remaining share of the 
                cost of a project under the program by a 
                Federal land management agency or a Tribal 
                government or consortium of Tribal governments.
          (5) Considerations.--
                  (A) In general.--In awarding grants under the 
                program, the Secretary shall consider--
                          (i) in the case of a large project, 
                        the ratings assigned under subsection 
                        (g)(5)(A);
                          (ii) in the case of an eligible 
                        project other than a large project, the 
                        quality rating assigned under 
                        subsection (f)(3)(A)(ii);
                          (iii) the average daily person and 
                        freight throughput supported by the 
                        eligible project;
                          (iv) the number and percentage of 
                        bridges within the same State as the 
                        eligible project that are in poor 
                        condition;
                          (v) the extent to which the eligible 
                        project demonstrates cost savings by 
                        bundling multiple bridge projects;
                          (vi) in the case of an eligible 
                        project of a Federal land management 
                        agency, the extent to which the grant 
                        would reduce a Federal liability or 
                        Federal infrastructure maintenance 
                        backlog;
                          (vii) geographic diversity among 
                        grant recipients, including the need 
                        for a balance between the needs of 
                        rural and urban communities; and
                          (viii) the extent to which a bridge 
                        that would be assisted with a grant--
                                  (I) is, without that 
                                assistance--
                                          (aa) at risk of 
                                        falling into or 
                                        remaining in poor 
                                        condition; or
                                          (bb) in fair 
                                        condition and at risk 
                                        of falling into poor 
                                        condition within the 
                                        next 3 years;
                                  (II) does not meet current 
                                geometric design standards 
                                based on--
                                          (aa) the current use 
                                        of the bridge; or
                                          (bb) load and traffic 
                                        requirements typical of 
                                        the regional corridor 
                                        or local network in 
                                        which the bridge is 
                                        located; or
                                  (III) does not meet current 
                                seismic design standards.
                  (B) Requirement.--The Secretary shall--
                          (i) give priority to an application 
                        for an eligible project that is located 
                        within a State for which--
                                  (I) 2 or more applications 
                                for eligible projects within 
                                the State were submitted for 
                                the current fiscal year and an 
                                average of 2 or more 
                                applications for eligible 
                                projects within the State were 
                                submitted in prior fiscal years 
                                of the program; and
                                  (II) fewer than 2 grants have 
                                been awarded for eligible 
                                projects within the State under 
                                the program;
                          (ii) during the period of fiscal 
                        years 2022 through 2026, for each State 
                        described in clause (i), select--
                                  (I) not fewer than 1 large 
                                project that the Secretary 
                                determines is justified under 
                                the evaluation under subsection 
                                (g)(4); or
                                  (II) 2 eligible projects that 
                                are not large projects that the 
                                Secretary determines are 
                                justified under the evaluation 
                                under subsection (f)(3); and
                          (iii) not be required to award a 
                        grant for an eligible project that the 
                        Secretary does not determine is 
                        justified under an evaluation under 
                        subsection (f)(3) or (g)(4).
          (6) Culvert limitation.--Not more than 5 percent of 
        the amounts made available for each fiscal year for 
        grants under the program may be used for eligible 
        projects that consist solely of culvert replacement or 
        rehabilitation.
  (d) Eligible Entity.--The Secretary may make a grant under 
the program to any of the following:
          (1) A State or a group of States.
          (2) A metropolitan planning organization that serves 
        an urbanized area (as designated by the Bureau of the 
        Census) with a population of over 200,000.
          (3) A unit of local government or a group of local 
        governments.
          (4) A political subdivision of a State or local 
        government.
          (5) A special purpose district or public authority 
        with a transportation function.
          (6) A Federal land management agency.
          (7) A Tribal government or a consortium of Tribal 
        governments.
          (8) A multistate or multijurisdictional group of 
        entities described in paragraphs (1) through (7).
  (e) Eligible Project Requirements.--The Secretary may make a 
grant under the program only to an eligible entity for an 
eligible project that--
          (1) in the case of a large project, the Secretary 
        recommends for funding in the annual report on funding 
        recommendations under subsection (g)(6), except as 
        provided in subsection (g)(1)(B);
          (2) is reasonably expected to begin construction not 
        later than 18 months after the date on which funds are 
        obligated for the project; and
          (3) is based on the results of preliminary 
        engineering.
  (f) Competitive Process and Evaluation of Eligible Projects 
Other Than Large Projects.--
          (1) Competitive process.--
                  (A) In general.--The Secretary shall--
                          (i) for the first fiscal year for 
                        which funds are made available for 
                        obligation under the program, not later 
                        than 60 days after the date on which 
                        the template under subparagraph (B)(i) 
                        is developed, and in subsequent fiscal 
                        years, not later than 60 days after the 
                        date on which amounts are made 
                        available for obligation under the 
                        program, solicit grant applications for 
                        eligible projects other than large 
                        projects; and
                          (ii) not later than 120 days after 
                        the date on which the solicitation 
                        under clause (i) expires, conduct 
                        evaluations under paragraph (3).
                  (B) Requirements.--In carrying out 
                subparagraph (A), the Secretary shall--
                          (i) develop a template for applicants 
                        to use to summarize project needs and 
                        benefits, including benefits described 
                        in paragraph (3)(B)(i); and
                          (ii) enable applicants to use data 
                        from the National Bridge Inventory 
                        under section 144(b) to populate 
                        templates described in clause (i), as 
                        applicable.
          ``(2) Applications.--An eligible entity shall submit 
        to the Secretary an application at such time, in such 
        manner, and containing such information as the 
        Secretary may require.
          (3) Evaluation.--
                  (A) In general.--Prior to providing a grant 
                under this subsection, the Secretary shall--
                          (i) conduct an evaluation of each 
                        eligible project for which an 
                        application is received under this 
                        subsection; and
                          (ii) assign a quality rating to the 
                        eligible project on the basis of the 
                        evaluation under clause (i).
                  (B) Requirements.--In carrying out an 
                evaluation under subparagraph (A), the 
                Secretary shall--
                          (i) consider information on project 
                        benefits submitted by the applicant 
                        using the template developed under 
                        paragraph (1)(B)(i), including whether 
                        the project will generate, as 
                        determined by the Secretary--
                                  (I) costs avoided by the 
                                prevention of closure or 
                                reduced use of the bridge to be 
                                improved by the project;
                                  (II) in the case of a bundle 
                                of projects, benefits from 
                                executing the projects as a 
                                bundle compared to as 
                                individual projects;
                                  (III) safety benefits, 
                                including the reduction of 
                                accidents and related costs;
                                  (IV) person and freight 
                                mobility benefits, including 
                                congestion reduction and 
                                reliability improvements;
                                  (V) national or regional 
                                economic benefits;
                                  (VI) benefits from long-term 
                                resiliency to extreme weather 
                                events, flooding, or other 
                                natural disasters;
                                  (VII) benefits from 
                                protection (as described in 
                                section 133(b)(10)), including 
                                improving seismic or scour 
                                protection;
                                  (VIII) environmental 
                                benefits, including wildlife 
                                connectivity;
                                  (IX) benefits to nonvehicular 
                                and public transportation 
                                users;
                                  (X) benefits of using--
                                          (aa) innovative 
                                        design and construction 
                                        techniques; or
                                          (bb) innovative 
                                        technologies; or
                                  (XI) reductions in 
                                maintenance costs, including, 
                                in the case of a federally-
                                owned bridge, cost savings to 
                                the Federal budget; and
                          (ii) consider whether and the extent 
                        to which the benefits, including the 
                        benefits described in clause (i), are 
                        more likely than not to outweigh the 
                        total project costs.
  (g) Competitive Process, Evaluation, and Annual Report for 
Large Projects.--
          (1) In general.--
                  (A) Applications.--The Secretary shall 
                establish an annual date by which an eligible 
                entity submitting an application for a large 
                project shall submit to the Secretary such 
                information as the Secretary may require, 
                including information described in paragraph 
                (2), in order for a large project to be 
                considered for a recommendation by the 
                Secretary for funding in the next annual report 
                under paragraph (6).
                  (B) First fiscal year.--Notwithstanding 
                subparagraph (A), for the first fiscal year for 
                which funds are made available for obligation 
                for grants under the program, the Secretary may 
                establish a date by which an eligible entity 
                submitting an application for a large project 
                shall submit to the Secretary such information 
                as the Secretary may require, including 
                information described in paragraph (2), in 
                order for a large project to be considered for 
                immediate execution of a grant agreement.
          (2) Information required.--The information referred 
        to in paragraph (1) includes--
                  (A) all necessary information required for 
                the Secretary to evaluate the large project; 
                and
                  (B) information sufficient for the Secretary 
                to determine that--
                          (i) the large project meets the 
                        applicable requirements under this 
                        section; and
                          (ii) there is a reasonable likelihood 
                        that the large project will continue to 
                        meet the requirements under this 
                        section.
          (3) Determination; notice.--On making a determination 
        that information submitted to the Secretary under 
        paragraph (1) is sufficient, the Secretary shall 
        provide a written notice of that determination to--
                  (A) the eligible entity that submitted the 
                application;
                  (B) the Committee on Environment and Public 
                Works of the Senate; and
                  (C) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
          (4) Evaluation.--The Secretary may recommend a large 
        project for funding in the annual report under 
        paragraph (6), or, in the case of the first fiscal year 
        for which funds are made available for obligation for 
        grants under the program, immediately execute a grant 
        agreement for a large project, only if the Secretary 
        evaluates the proposed project and determines that the 
        project is justified because the project--
                  (A) addresses a need to improve the condition 
                of the bridge, as determined by the Secretary, 
                consistent with the goals of the program under 
                subsection (b)(2);
                  (B) will generate, as determined by the 
                Secretary--
                          (i) costs avoided by the prevention 
                        of closure or reduced use of the bridge 
                        to be improved by the project;
                          (ii) in the case of a bundle of 
                        projects, benefits from executing the 
                        projects as a bundle compared to as 
                        individual projects;
                          (iii) safety benefits, including the 
                        reduction of accidents and related 
                        costs;
                          (iv) person and freight mobility 
                        benefits, including congestion 
                        reduction and reliability improvements;
                          (v) national or regional economic 
                        benefits;
                          (vi) benefits from long-term 
                        resiliency to extreme weather events, 
                        flooding, or other natural disasters;
                          (vii) benefits from protection (as 
                        described in section 133(b)(10)), 
                        including improving seismic or scour 
                        protection;
                          (viii) environmental benefits, 
                        including wildlife connectivity;
                          (ix) benefits to nonvehicular and 
                        public transportation users;
                          (x) benefits of using--
                                  (I) innovative design and 
                                construction techniques; or
                                  (II) innovative technologies; 
                                or
                          (xi) reductions in maintenance costs, 
                        including, in the case of a federally-
                        owned bridge, cost savings to the 
                        Federal budget;
                  (C) is cost effective based on an analysis of 
                whether the benefits and avoided costs 
                described in subparagraph (B) are expected to 
                outweigh the project costs;
                  (D) is supported by other Federal or non-
                Federal financial commitments or revenues 
                adequate to fund ongoing maintenance and 
                preservation; and
                  (E) is consistent with the objectives of an 
                applicable asset management plan of the project 
                sponsor, including a State asset management 
                plan under section 119(e) in the case of a 
                project on the National Highway System that is 
                sponsored by a State.
          (5) Ratings.--
                  (A) In general.--The Secretary shall develop 
                a methodology to evaluate and rate a large 
                project on a 5-point scale (the points of which 
                include `high', `medium-high', `medium', 
                `medium-low', and `low') for each of--
                          (i) paragraph (4)(B);
                          (ii) paragraph (4)(C); and
                          (iii) paragraph (4)(D).
                  (B) Requirement.--To be considered justified 
                and receive a recommendation for funding in the 
                annual report under paragraph (6), a project 
                shall receive a rating of not less than 
                `medium' for each rating required under 
                subparagraph (A).
                  (C) Interim methodology.--In the first fiscal 
                year for which funds are made available for 
                obligation for grants under the program, the 
                Secretary may establish an interim methodology 
                to evaluate and rate a large project for each 
                of--
                          (i) paragraph (4)(B);
                          (ii) paragraph (4)(C); and
                          (iii) paragraph (4)(D).
          (6) Annual report on funding recommendations for 
        large projects.--
                  (A) In general.--Not later than the first 
                Monday in February of each year, the Secretary 
                shall submit to the Committees on 
                Transportation and Infrastructure and 
                Appropriations of the House of Representatives 
                and the Committees on Environment and Public 
                Works and Appropriations of the Senate a report 
                that includes--
                          (i) a list of large projects that 
                        have requested a recommendation for 
                        funding under a new grant agreement 
                        from funds anticipated to be available 
                        to carry out this subsection in the 
                        next fiscal year;
                          (ii) the evaluation under paragraph 
                        (4) and ratings under paragraph (5) for 
                        each project referred to in clause (i);
                          (iii) the grant amounts that the 
                        Secretary recommends providing to large 
                        projects in the next fiscal year, 
                        including--
                                  (I) scheduled payments under 
                                previously signed multiyear 
                                grant agreements under 
                                subsection (j);
                                  (II) payments for new grant 
                                agreements, including single-
                                year grant agreements and 
                                multiyear grant agreements; and
                                  (III) a description of how 
                                amounts anticipated to be 
                                available for the program from 
                                the Highway Trust Fund for that 
                                fiscal year will be 
                                distributed; and
                          (iv) for each project for which the 
                        Secretary recommends a new multiyear 
                        grant agreement under subsection (j), 
                        the proposed payout schedule for the 
                        project.
                  (B) Limitations.--
                          (i) In general.--The Secretary shall 
                        not recommend in an annual report under 
                        this paragraph a new multiyear grant 
                        agreement provided from funds from the 
                        Highway Trust Fund unless the Secretary 
                        determines that the project can be 
                        completed using funds that are 
                        anticipated to be available from the 
                        Highway Trust Fund in future fiscal 
                        years.
                          (ii) General fund projects.--The 
                        Secretary--
                                  (I) may recommend for funding 
                                in an annual report under this 
                                paragraph a large project using 
                                funds from the general fund of 
                                the Treasury; but
                                  (II) shall not execute a 
                                grant agreement for that 
                                project unless--
                                          (aa) funds other than 
                                        from the Highway Trust 
                                        Fund have been made 
                                        available for the 
                                        project; and
                                          (bb) the Secretary 
                                        determines that the 
                                        project can be 
                                        completed using funds 
                                        other than from the 
                                        Highway Trust Fund that 
                                        are anticipated to be 
                                        available in future 
                                        fiscal years.
                  (C) Considerations.--In selecting projects to 
                recommend for funding in the annual report 
                under this paragraph, or, in the case of the 
                first fiscal year for which funds are made 
                available for obligation for grants under the 
                program, projects for immediate execution of a 
                grant agreement, the Secretary shall--
                          (i) consider the amount of funds 
                        available in future fiscal years for 
                        multiyear grant agreements as described 
                        in subparagraph (B); and
                          (ii) assume the availability of funds 
                        in future fiscal years for multiyear 
                        grant agreements that extend beyond the 
                        period of authorization based on the 
                        amount made available for large 
                        projects under the program in the last 
                        fiscal year of the period of 
                        authorization.
                  (D) Project diversity.--In selecting projects 
                to recommend for funding in the annual report 
                under this paragraph, the Secretary shall 
                ensure diversity among projects recommended 
                based on--
                          (i) the amount of the grant 
                        requested; and
                          (ii) grants for an eligible project 
                        for 1 bridge compared to an eligible 
                        project that is a bundle of projects.
  (h) Eligible Project Costs.--A grant received for an eligible 
project under the program may be used for--
          (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, 
        environmental review, preliminary engineering and 
        design work, and other preconstruction activities;
          (2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to 
        the project and improvements to the land), 
        environmental mitigation, construction contingencies, 
        acquisition of equipment, and operational improvements 
        directly related to improving system performance; and
          (3) expenses related to the protection (as described 
        in section 133(b)(10)) of a bridge, including seismic 
        or scour protection.
  (i) TIFIA Program.--On the request of an eligible entity 
carrying out an eligible project, the Secretary may use amounts 
awarded to the entity to pay subsidy and administrative costs 
necessary to provide to the entity Federal credit assistance 
under chapter 6 with respect to the eligible project for which 
the grant was awarded.
  (j) Multiyear Grant Agreements for Large Projects.--
          (1) In general.--A large project that receives a 
        grant under the program in an amount of not less than 
        $100,000,000 may be carried out through a multiyear 
        grant agreement in accordance with this subsection.
          (2) Requirements.--A multiyear grant agreement for a 
        large project described in paragraph (1) shall--
                  (A) establish the terms of participation by 
                the Federal Government in the project;
                  (B) establish the maximum amount of Federal 
                financial assistance for the project in 
                accordance with paragraphs (3) and (4) of 
                subsection (c);
                  (C) establish a payout schedule for the 
                project that provides for disbursement of the 
                full grant amount by not later than 4 fiscal 
                years after the fiscal year in which the 
                initial amount is provided;
                  (D) determine the period of time for 
                completing the project, even if that period 
                extends beyond the period of an authorization; 
                and
                  (E) attempt to improve timely and efficient 
                management of the project, consistent with all 
                applicable Federal laws (including 
                regulations).
          (3) Special financial rules.--
                  (A) In general.--A multiyear grant agreement 
                under this subsection--
                          (i) shall obligate an amount of 
                        available budget authority specified in 
                        law; and
                          (ii) may include a commitment, 
                        contingent on amounts to be specified 
                        in law in advance for commitments under 
                        this paragraph, to obligate an 
                        additional amount from future available 
                        budget authority specified in law.
                  (B) Statement of contingent commitment.--The 
                agreement shall state that the contingent 
                commitment is not an obligation of the Federal 
                Government.
                  (C) Interest and other financing costs.--
                          (i) In general.--Interest and other 
                        financing costs of carrying out a part 
                        of the project within a reasonable time 
                        shall be considered a cost of carrying 
                        out the project under a multiyear grant 
                        agreement, except that eligible costs 
                        may not be more than the cost of the 
                        most favorable financing terms 
                        reasonably available for the project at 
                        the time of borrowing.
                          (ii) Certification.--The applicant 
                        shall certify to the Secretary that the 
                        applicant has shown reasonable 
                        diligence in seeking the most favorable 
                        financing terms.
          (4) Advance payment.--Notwithstanding any other 
        provision of law, an eligible entity carrying out a 
        large project under a multiyear grant agreement--
                  (A) may use funds made available to the 
                eligible entity under this title for eligible 
                project costs of the large project until the 
                amount specified in the multiyear grant 
                agreement for the project for that fiscal year 
                becomes available for obligation; and
                  (B) if the eligible entity uses funds as 
                described in subparagraph (A), the funds used 
                shall be reimbursed from the amount made 
                available under the multiyear grant agreement 
                for the project.
  (k) Undertaking Parts of Projects in Advance Under Letters of 
No Prejudice.--
          (1) In general.--The Secretary may pay to an 
        applicant all eligible project costs under the program, 
        including costs for an activity for an eligible project 
        incurred prior to the date on which the project 
        receives funding under the program if--
                  (A) before the applicant carries out the 
                activity, the Secretary approves through a 
                letter to the applicant the activity in the 
                same manner as the Secretary approves other 
                activities as eligible under the program;
                  (B) a record of decision, a finding of no 
                significant impact, or a categorical exclusion 
                under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) has been issued 
                for the eligible project; and
                  (C) the activity is carried out without 
                Federal assistance and in accordance with all 
                applicable procedures and requirements.
          (2) Interest and other financing costs.--
                  (A) In general.--For purposes of paragraph 
                (1), the cost of carrying out an activity for 
                an eligible project includes the amount of 
                interest and other financing costs, including 
                any interest earned and payable on bonds, to 
                the extent interest and other financing costs 
                are expended in carrying out the activity for 
                the eligible project, except that interest and 
                other financing costs may not be more than the 
                cost of the most favorable financing terms 
                reasonably available for the eligible project 
                at the time of borrowing.
                  (B) Certification.--The applicant shall 
                certify to the Secretary that the applicant has 
                shown reasonable diligence in seeking the most 
                favorable financing terms under subparagraph 
                (A).
          (3) No obligation or influence on recommendations.--
        An approval by the Secretary under paragraph (1)(A) 
        shall not--
                  (A) constitute an obligation of the Federal 
                Government; or
                  (B) alter or influence any evaluation under 
                subsection (f)(3)(A)(i) or (g)(4) or any 
                recommendation by the Secretary for funding 
                under the program.
  (l) Federally-owned Bridges.--
          (1) Divestiture consideration.--In the case of a 
        bridge owned by a Federal land management agency for 
        which that agency applies for a grant under the 
        program, the agency--
                  (A) shall consider options to divest the 
                bridge to a State or local entity after 
                completion of the project; and
                  (B) may apply jointly with the State or local 
                entity to which the bridge may be divested.
          (2) Treatment.--Notwithstanding any other provision 
        of law, section 129 shall apply to a bridge that was 
        previously owned by a Federal land management agency 
        and has been transferred to a non-Federal entity under 
        paragraph (1) in the same manner as if the bridge was 
        never federally owned.
  (m) Congressional Notification.--Not later than 30 days 
before making a grant for an eligible project under the 
program, 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 written notification of the proposed 
grant that includes--
          (1) an evaluation and justification for the eligible 
        project; and
          (2) the amount of the proposed grant.
  (n) Reports.--
          (1) Annual report.--Not later than August 1 of each 
        fiscal year, the Secretary shall make available on the 
        website of the Department of Transportation an annual 
        report that lists each eligible project for which a 
        grant has been provided under the program during the 
        fiscal year.
          (2) GAO assessment and report.--Not later than 3 
        years after the date of enactment of the Surface 
        Transportation Reauthorization Act of 2021, the 
        Comptroller General of the United States shall--
                  (A) conduct an assessment of the 
                administrative establishment, solicitation, 
                selection, and justification process with 
                respect to the funding of grants under the 
                program; 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 that describes--
                          (i) the adequacy and fairness of the 
                        process under which each eligible 
                        project that received a grant under the 
                        program was selected; and
                          (ii) the justification and criteria 
                        used for the selection of each eligible 
                        project.
  (o) Limitation.--
          (1) Large projects.--Of the amounts made available 
        out of the Highway Trust Fund (other than the Mass 
        Transit Account) to carry out this section for each of 
        fiscal years 2022 through 2026, not less than 50 
        percent, in aggregate, shall be used for large 
        projects.
          (2) Unutilized amounts.--If, in fiscal year 2026, the 
        Secretary determines that grants under the program will 
        not allow for the requirement under paragraph (1) to be 
        met, the Secretary shall use the unutilized amounts to 
        make other grants under the program during that fiscal 
        year.
  (p) Tribal Transportation Facility Bridge Set Aside.--
          (1) In general.--Of the amounts made available from 
        the Highway Trust Fund (other than the Mass Transit 
        Account) for a fiscal year to carry out this section, 
        the Secretary shall use, to carry out section 202(d)--
                  (A) $16,000,000 for fiscal year 2022;
                  (B) $18,000,000 for fiscal year 2023;
                  (C) $20,000,000 for fiscal year 2024;
                  (D) $22,000,000 for fiscal year 2025; and
                  (E) $24,000,000 for fiscal year 2026.
          (2) Treatment.--For purposes of section 201, funds 
        made available for section 202(d) under paragraph (1) 
        shall be considered to be part of the tribal 
        transportation program.
           * * * * * * *

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, 
        wildfire, or landslide; or
           * * * * * * *
  [(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).]
  (b) Restriction on Eligibility.--Funds under this section 
shall not be used for the repair or reconstruction of a bridge 
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.
           * * * * * * *
  (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)
          (2) Cost limitation.-- * * *
           * * * * * * *
                  (A) Definition of comparable facility.--In 
                this paragraph, the term ``comparable 
                facility'' means [a facility that meets the 
                current] a facility that--
                          (i) meets the current geometric and 
                        construction standards required for the 
                        types and volume of traffic that the 
                        facility will carry over its design 
                        life[.] ; and
                          (ii) incorporates economically 
                        justifiable improvements that will 
                        mitigate the risk of recurring damage 
                        from extreme weather, flooding, and 
                        other natural disasters.
           * * * * * * *
          (3) Protective features.--
                  (A) In general.--The cost of an improvement 
                that is part of a project under this section 
                shall be an eligible expense under this section 
                if the improvement is a protective feature that 
                will mitigate the risk of recurring damage or 
                the cost of future repair from extreme weather, 
                flooding, and other natural disasters.
                  (B) Protective features described.--A 
                protective feature referred to in subparagraph 
                (A) includes--
                          (i) raising roadway grades;
                          (ii) relocating roadways in a 
                        floodplain to higher ground above 
                        projected flood elevation levels or 
                        away from slide prone areas;
                          (iii) stabilizing slide areas;
                          (iv) stabilizing slopes;
                          (v) lengthening or raising bridges to 
                        increase waterway openings;
                          (vi) increasing the size or number of 
                        drainage structures;
                          (vii) replacing culverts with bridges 
                        or upsizing culverts;
                          (viii) installing seismic retrofits 
                        on bridges;
                          (ix) adding scour protection at 
                        bridges, installing riprap, or adding 
                        other scour, stream stability, coastal, 
                        or other hydraulic countermeasures, 
                        including spur dikes; and
                          (x) the use of natural infrastructure 
                        to mitigate the risk of recurring 
                        damage or the cost of future repair 
                        from extreme weather, flooding, and 
                        other natural disasters.
          [(3)] (4) Debris removal.--The costs of debris 
        removal shall be an eligible expense under this section 
        only for--
                  (A) an event not declared a major disaster or 
                emergency by the President under the Robert T. 
                Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5121 et seq.);
                  (B) an event declared a major disaster or 
                emergency by the President under that Act if 
                the debris removal is not eligible for 
                assistance under section 403, 407, or 502 of 
                that Act (42 U.S.C. 5170b, 5173, 5192); or
                  (C) projects eligible for assistance under 
                this section located on tribal transportation 
                facilities, Federal lands transportation 
                facilities, or other federally owned roads that 
                are open to public travel (as defined in 
                subsection (e)(1)).
           * * * * * * *

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 50 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.--
          (1) In general.--Funds that are subject to sections 
        104(d) and 133(d)(1)(A) shall not be transferred under 
        this section.
          (2) Funds transferred by states.--Funds transferred 
        by a State under this section of the funding [reserved 
        for the State under section 133(h) for a fiscal year 
        may] set aside for a State under section 133(h) for a 
        fiscal year--
                  (A) may only come from the portion of those 
                funds that are available for obligation in any 
                area of the State under section 133(h)[.] ; and
                  (B) may only be transferred if the Secretary 
                certifies that the State--
                          (i) held a competition in compliance 
                        with the guidance issued to carry out 
                        section 133(h) and provided sufficient 
                        time for applicants to apply;
                          (ii) offered to each eligible entity, 
                        and provided on request of an eligible 
                        entity, technical assistance; and
                          (iii) demonstrates that there were 
                        not sufficiently suitable applications 
                        from eligible entities to use the funds 
                        to be transferred.
           * * * * * * *

Sec. 127. Vehicle weight limitations--Interstate System

  (a) In General.--
          (1) * * *
           * * * * * * *
  (l) Operation of Vehicles on Certain Kentucky Highways.--
          (1) In general.-- * * *
           * * * * * * *
          (3) Additional highway segments.--
                  (A) In general.--If any segment of highway 
                described in [clauses (i) through (iv) of this 
                subparagraph] clauses (i) through (v) is 
                designated as a route of the Interstate System, 
                a vehicle that could operate legally on that 
                segment before the date of such designation may 
                continue to operate on that segment, without 
                regard to any requirement under subsection (a), 
                except that such vehicle shall not exceed a 
                gross vehicle weight of 120,000 pounds. The 
                highway segments referred to in this paragraph 
                are as follows:
           * * * * * * *
                          (iv) The Edward T. Breathitt 
                        (Pennyrile) Parkway (to be designated 
                        as a spur of Interstate Route 69) from 
                        Interstate 24, north to Interstate 69.
                          (v) The Louie B. Nunn Cumberland 
                        Expressway (to be designated as a spur 
                        of Interstate Route 65) from the 
                        interchange with Interstate Route 65 in 
                        Barren County, Kentucky, east to the 
                        interchange with United States Highway 
                        27 in Somerset, Kentucky.
  (u) Vehicles in North Dakota.--A vehicle limited or 
prohibited under this section from operating on a segment of 
the Interstate System in the State of North Dakota may operate 
on such a segment if such vehicle--
          (1) has a gross vehicle weight of 129,000 pounds or 
        less;
          (2) other than gross vehicle weight, complies with 
        the single axle, tandem axle, and bridge formula limits 
        set forth in subsection (a); and
          (3) is authorized to operate on such segment under 
        North Dakota State law.
  (v) Operation of Vehicles on Certain North Carolina 
Highways.--If any segment in the State of North Carolina of 
United States Route 17, United States Route 29, United States 
Route 52, United States Route 64, United States Route 70, 
United States Route 74, United States Route 117, United States 
Route 220, United States Route 264, or United States Route 421 
is designated as a route on the Interstate System, a vehicle 
that could operate legally on that segment before the date of 
such designation may continue to operate on that segment, 
without regard to any requirement under subsection (a).
  (w) Operation of Vehicles on Certain Oklahoma Highways.--If 
any segment of the highway referred to in paragraph (96) of 
section 1105(c) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2032) is 
designated as a route on the Interstate System, a vehicle that 
could operate legally on that segment before the date of such 
designation may continue to operate on that segment, without 
any regard to any requirement under this section.
           * * * * * * *

Sec. 129. Toll roads, bridges, tunnels, and ferries

  (a) Basic Program.--
          (1) Authorization for federal participation.-- * * *
           * * * * * * *
          (3) Limitations on use of revenues.--
                  (A) In general.--
           * * * * * * *
                  (B) Annual audit.--
                          (i) In general.--A public authority 
                        with jurisdiction over a toll facility 
                        shall conduct or have an independent 
                        auditor conduct an annual audit of toll 
                        facility records to verify adequate 
                        maintenance and compliance with 
                        subparagraph (A), and report the 
                        results of the audits , together with 
                        the results of the audit under 
                        paragraph (9)(C), to the Secretary.
           * * * * * * *
          (9) Equal access for over-the-road buses.--[An over-
        the-road]
                  (A) In general.--An over-the-road; bus that 
                serves the public shall be provided access to a 
                toll facility under the same rates, terms, and 
                conditions as [public transportation buses] 
                public transportation vehicles.
                  (B) Reports.--
                          (i) In general.--Not later than 90 
                        days after the date of enactment of 
                        this subparagraph, a public authority 
                        that operates a toll facility shall 
                        report to the Secretary any rates, 
                        terms, or conditions for access to the 
                        toll facility by public transportation 
                        vehicles that differ from the rates, 
                        terms, or conditions applicable to 
                        over-the-road buses.
                          (ii) Updates.--A public authority 
                        that operates a toll facility shall 
                        report to the Secretary any change to 
                        the rates, terms, or conditions for 
                        access to the toll facility by public 
                        transportation vehicles that differ 
                        from the rates, terms, or conditions 
                        applicable to over-the-road buses by 
                        not later than 30 days after the date 
                        on which the change takes effect.
                          (iii) Publication.--The Secretary 
                        shall publish information reported to 
                        the Secretary under clauses (i) and 
                        (ii) on a publicly accessible internet 
                        website.
                  (C) Annual audit.--
                          (i) In general.--A public authority 
                        (as defined in section 101(a)) with 
                        jurisdiction over a toll facility 
                        shall--
                                  (I) conduct or have an 
                                independent auditor conduct an 
                                annual audit of toll facility 
                                records to verify compliance 
                                with this paragraph; and
                                  (II) report the results of 
                                the audit, together with the 
                                results of the audit under 
                                paragraph (3)(B), to the 
                                Secretary.
                          (ii) Records.--After providing 
                        reasonable notice, a public authority 
                        described in clause (i) shall make all 
                        records of the public authority 
                        pertaining to the toll facility 
                        available for audit by the Secretary.
                          (iii) Noncompliance.--If the 
                        Secretary determines that a public 
                        authority described in clause (i) has 
                        not complied with this paragraph, the 
                        Secretary may require the public 
                        authority to discontinue collecting 
                        tolls until an agreement with the 
                        Secretary is reached to achieve 
                        compliance.
          (10) High occupancy vehicle use of certain toll 
        facilities.--Notwithstanding section 102(a), in the 
        case of a toll facility that is on the Interstate 
        System and that is constructed or converted after the 
        date of enactment of the Surface Transportation 
        Reauthorization Act of 2021, the public authority with 
        jurisdiction over the toll facility shall allow high 
        occupancy vehicles, transit, and paratransit vehicles 
        to use the facility at a discount rate or without 
        charge, unless the public authority, in consultation 
        with the Secretary, determines that the number of those 
        vehicles using the facility reduces the travel time 
        reliability of the facility.
          [(10)] (11) Definitions.--In this subsection, the 
        following definitions apply:
                  (A) High occupancy vehicle; hov.--The term 
                ``high occupancy vehicle'' or ``HOV'' means a 
                vehicle with not fewer than 2 occupants.
                  (B) Initial construction.--
                          (i) In general.--The term ``initial 
                        construction'' means the construction 
                        of a highway, bridge, tunnel, or other 
                        facility at any time before it is open 
                        to traffic.
                          (ii) Exclusions.--The term ``initial 
                        construction'' does not include any 
                        improvement to a highway, bridge, 
                        tunnel, or other facility after it is 
                        open to traffic.
                  (C) Over-the-road bus.--The term ``over-the-
                road bus'' has the meaning given the term in 
                section 301 of the Americans with Disabilities 
                Act of 1990 (42 U.S.C. 12181).
                  (D) Public authority.--The term ``public 
                authority'' means a State, interstate compact 
                of States, or public entity designated by a 
                State.
                  (E) Toll facility.--The term ``toll 
                facility'' means a toll highway, bridge, or 
                tunnel or approach to the highway, bridge, or 
                tunnel constructed under this subsection.
           * * * * * * *
  (c) Notwithstanding section 301 of this title, the Secretary 
may permit Federal participation under this title in [the 
construction of ferry boats and ferry terminal facilities, 
whether toll or free,] the construction of ferry boats and 
ferry terminal facilities (including ferry maintenance 
facilities), whether toll or free, and the procurement of 
transit vehicles used exclusively as an integral part of an 
intermodal ferry trip, subject to the following conditions:
           * * * * * * *
  (d) Congestion Relief Program.--
          (1) Definitions.--In this subsection:
                  (A) Eligible entity.--The term `eligible 
                entity' means any of the following:
                          (i) A State, for the purpose of 
                        carrying out a project in an urbanized 
                        area with a population of more than 
                        1,000,000.
                          (ii) A metropolitan planning 
                        organization, city, or municipality, 
                        for the purpose of carrying out a 
                        project in an urbanized area with a 
                        population of more than 1,000,000.
                  (B) Integrated congestion management 
                system.--The term `integrated congestion 
                management system' means a system for the 
                integration of management and operations of a 
                regional transportation system that includes, 
                at a minimum, traffic incident management, work 
                zone management, traffic signal timing, managed 
                lanes, real-time traveler information, and 
                active traffic management, in order to maximize 
                the capacity of all facilities and modes across 
                the applicable region.
                  (C) Program.--The term `program' means the 
                congestion relief program established under 
                paragraph (2).
          (2) Establishment.--The Secretary shall establish a 
        congestion relief program to provide discretionary 
        grants to eligible entities to advance innovative, 
        integrated, and multimodal solutions to congestion 
        relief in the most congested metropolitan areas of the 
        United States.
          (3) Program goals.--The goals of the program are to 
        reduce highway congestion, reduce economic and 
        environmental costs associated with that congestion, 
        including transportation emissions, and optimize 
        existing highway capacity and usage of highway and 
        transit systems through--
                  (A) improving intermodal integration with 
                highways, highway operations, and highway 
                performance;
                  (B) reducing or shifting highway users to 
                off-peak travel times or to nonhighway travel 
                modes during peak travel times; and
                  (C) pricing of, or based on, as applicable--
                          (i) parking;
                          (ii) use of roadways, including in 
                        designated geographic zones; or
                          (iii) congestion.
          (4) Eligible projects.--Funds from a grant under the 
        program may be used for a project or an integrated 
        collection of projects, including planning, design, 
        implementation, and construction activities, to achieve 
        the program goals under paragraph (3), including--
                  (A) deployment and operation of an integrated 
                congestion management system;
                  (B) deployment and operation of a system that 
                implements or enforces high occupancy vehicle 
                toll lanes, cordon pricing, parking pricing, or 
                congestion pricing;
                  (C) deployment and operation of mobility 
                services, including establishing account-based 
                financial systems, commuter buses, commuter 
                vans, express operations, paratransit, and on-
                demand microtransit; and
                  (D) incentive programs that encourage 
                travelers to carpool, use nonhighway travel 
                modes during peak period, or travel during 
                nonpeak periods.
          (5) Application; selection.--
                  (A) Application.--To be eligible to receive a 
                grant under the program, an eligible entity 
                shall submit to the Secretary an application at 
                such time, in such manner, and containing such 
                information as the Secretary may require.
                  (B) Priority.--In providing grants under the 
                program, the Secretary shall give priority to 
                projects in urbanized areas that are 
                experiencing a high degree of recurrent 
                congestion.
                  (C) Federal share.--The Federal share of the 
                cost of a project carried out with a grant 
                under the program shall not exceed 80 percent 
                of the total project cost.
                  (D) Minimum award.--A grant provided under 
                the program shall be not less than $10,000,000.
          (6) Use of tolling.--
                  (A) In general.--Notwithstanding subsection 
                (a)(1) and section 301 and subject to 
                subparagraphs (B) and (C), the Secretary shall 
                allow the use of tolls on the Interstate System 
                as part of a project carried out with a grant 
                under the program.
                  (B) Requirements.--The Secretary may only 
                approve the use of tolls under subparagraph (A) 
                if--
                          (i) the eligible entity has authority 
                        under State, and if applicable, local, 
                        law to assess the applicable toll;
                          (ii) the maximum toll rate for any 
                        vehicle class is not greater than the 
                        product obtained by multiplying--
                                  (I) the toll rate for any 
                                other vehicle class; and
                                  (II) 5;
                          (iii) the toll rates are not charged 
                        or varied on the basis of State 
                        residency;
                          (iv) the Secretary determines that 
                        the use of tolls will enable the 
                        eligible entity to achieve the program 
                        goals under paragraph (3) without a 
                        significant impact to safety or 
                        mobility within the urbanized area in 
                        which the project is located; and
                          (v) the use of toll revenues complies 
                        with subsection (a)(3).
                  (C) Limitation.--The Secretary may not 
                approve the use of tolls on the Interstate 
                System under the program in more than 10 
                urbanized areas.
          (7) Financial effects on low-income drivers.--A 
        project under the program--
                  (A) shall include, if appropriate, an 
                analysis of the potential effects of the 
                project on low-income drivers; and
                  (B) may include mitigation measures to deal 
                with any potential adverse financial effects on 
                low-income drivers.

Sec. 130. Railway-highway crossings

  (a) * * *
           * * * * * * *
  (e) Funds for [Protective Devices] Railway-Highway Grade 
Crossings.--
          (1) In general.--
                  (A) Set aside.--Before making an 
                apportionment under section 104(b)(3) for a 
                fiscal year, the Secretary shall set aside, 
                from amounts made available to carry out the 
                highway safety improvement program under 
                section 148 for such fiscal year, for the 
                elimination of hazards , the installation of 
                protective devices at railway-highway 
                crossings, the replacement of functionally 
                obsolete warning devices, and as described in 
                subparagraph (B), not less than $245,000,000 
                for each of fiscal years 2022 through 2026. 
                [and the installation of protective devices at 
                railway-highway crossings at least--
                          [(i) $225,000,000 for fiscal year 
                        2016;
                          [(ii) $230,000,000 for fiscal year 
                        2017;
                          [(iii) $235,000,000 for fiscal year 
                        2018;
                          [(iv) $240,000,000 for fiscal year 
                        2019; and
                          [(v) $245,000,000 for fiscal year 
                        2020.]
                  [(B) Installation of protective devices.--At 
                least 1/2 of the funds set aside each fiscal 
                year under subparagraph (A) shall be available 
                for the installation of protective devices at 
                railway-highway crossings.]
                  (B) Reducing trespassing fatalities and 
                injuries.--A State may use funds set aside 
                under subparagraph (A) for projects to reduce 
                pedestrian fatalities and injuries from 
                trespassing at grade crossings.
           * * * * * * *
  (f) Apportionment.--
          (1) Formula.--Fifty percent of the funds set aside to 
        carry out this section pursuant to subsection (e)(1) 
        shall be apportioned to the States in accordance with 
        the formula set forth in section 104(b)(3)(A) as in 
        effect on the day before the date of enactment of the 
        MAP-21, and 50 percent of such funds shall be 
        apportioned to the States in the ratio that total 
        public railway-highway crossings in each State bears to 
        the total of such crossings in all States.
          (2) Minimum apportionment.--Notwithstanding paragraph 
        (1), each State shall receive a minimum of one-half of 
        1 percent of the funds apportioned under paragraph (1).
          (3) Federal share.--The Federal share payable on 
        account of any project financed with funds set aside to 
        carry out this section shall be [90 percent] 100 
        percent of the cost thereof.
           * * * * * * *
  (g) Annual Report.--Each State shall report to the Secretary 
not later than December 30 of each year on the progress being 
made to implement the railway-highway crossings program 
authorized by this section and the effectiveness of such 
improvements. Each State report shall contain an assessment of 
the costs of the various treatments employed and subsequent 
accident experience at improved locations. The Secretary shall 
submit a report to the Committee on Environment and Public 
Works and the Committee on Commerce, Science, [and 
Transportation,] and Transportation the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives, not later than April 1, 2006, and every 2 
years [thereafter,] thereafter, on the progress being made by 
the State in implementing projects to improve )railway-highway] 
crossings. The report shall include, but not be limited to, the 
number of projects undertaken, their distribution by cost 
range, road system, nature of treatment, and subsequent 
accident experience at improved locations. In addition, the 
Secretary's report shall analyze and evaluate each State 
program, identify any State found not to be in compliance with 
the schedule of improvements required by subsection (d) and 
include recommendations for future implementation of the 
[railroad highway] railway-highway crossings program.
           * * * * * * *
  (i) Incentive Payments for At-Grade Crossing Closures.--
          (1) In general.-- * * *
           * * * * * * *
          (3) Amount of state payment.--The amount of the 
        incentive payment payable to a local government by a 
        State under paragraph (1) with respect to a crossing 
        may not exceed the lesser of--
                  (A) the amount of the incentive payment paid 
                to the government with respect to the crossing 
                by the railroad concerned under paragraph (2); 
                or
                  (B) [$7,500] $100,000.
  (k) Expenditure of Funds.--Not more than [2 percent] 8 
percent of funds apportioned to a State to carry out this 
section may be used by the State for compilation and analysis 
of data in support of activities carried out under subsection 
(g).
           * * * * * * *

Sec. 133. Surface transportation block grant program

  (a) Establishment.-- * * *
           * * * * * * *
  (b) Eligible Projects.--Funds apportioned to a State under 
section 104(b)(2) for the surface transportation block grant 
program may be obligated for the following:
          (1) Construction of--
                  (A) highways, bridges, tunnels, including 
                designated routes of the Appalachian 
                development highway system and local access 
                roads under section 14501 of title 40;
                  (B) ferry boats and terminal [facilities 
                eligible] facilities--
                          (i) that are eligible for funding 
                        under section 129(c); or
                          (ii) that are privately or majority-
                        privately owned, but that the Secretary 
                        determines provide a substantial public 
                        transportation benefit or otherwise 
                        meet the foremost needs of the surface 
                        transportation system described in 
                        section 101(b)(3)(D);
           * * * * * * *
                  (E) truck parking facilities eligible for 
                funding under section 1401 of MAP-21 (23 U.S.C. 
                137 note); [and]
                  (F) border infrastructure projects eligible 
                for funding under section 1303 of SAFETEA-LU 
                (23 U.S.C. 101 note)[.] ; and
                  (G) wildlife crossing structures.;
          (2) Operational improvements and capital and 
        operating costs for traffic monitoring, management, and 
        control facilities and programs.
          (3) Environmental measures eligible under sections 
        119(g), 148(a)(4)(B)(xvii), 328, and 329 and 
        transportation control measures listed in section 
        108(f)(1)(A) (other than clause (xvi) of that section) 
        of the Clean Air Act (42 U.S.C. 7408(f)(1)(A)).
          [(4)] (5) Highway and transit safety infrastructure 
        improvements and programs, including [railway-highway 
        grade crossings] projects eligible under section 130 
        and installation of safety barriers and nets on 
        bridges.
          [(5)] (6) Fringe and corridor parking facilities and 
        programs in accordance with section 137 and carpool 
        projects in accordance with section 146.
          [(6)] (7) Recreational trails projects eligible for 
        funding under section 206, including the maintenance 
        and restoration of existing recreational trails, 
        pedestrian and bicycle projects in accordance with 
        section 217 (including modifications to comply with 
        accessibility requirements under the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)), 
        and [the safe routes to school program under section 
        1404 of SAFETEA-LU (23 U.S.C. 402 note)] the safe 
        routes to school program under section 208.
          [(7)] (8) Planning, design, or construction of 
        boulevards and other roadways largely in the right-of-
        way of former Interstate System routes or other divided 
        highways.
          [(8)] (9) Development and implementation of a State 
        asset management plan for the National Highway System 
        and a performance-based management program for other 
        public roads.
          [(9)] (10) Protection (including painting, scour 
        countermeasures, seismic retrofits, impact protection 
        measures, security countermeasures, and protection 
        against extreme events) for bridges (including 
        approaches to bridges and other elevated structures) 
        and tunnels on public roads, and inspection and 
        evaluation of bridges and tunnels and other highway 
        assets.
          [(10)] (11) Surface transportation planning programs, 
        highway and transit research and development and 
        technology transfer programs, and workforce 
        development, training, and education under chapter 5 of 
        this title.
          [(11)] (12) Surface transportation infrastructure 
        modifications to facilitate direct intermodal 
        interchange, transfer, and access into and out of a 
        port terminal.
          [(12)] (13) Projects and strategies designed to 
        support congestion pricing, including electronic toll 
        collection and travel demand management strategies and 
        programs.
          (14) Projects and strategies designed to reduce the 
        number of wildlife-vehicle collisions, including 
        project-related planning, design, construction, 
        monitoring, and preventative maintenance.
          (15) The installation of electric vehicle charging 
        infrastructure and vehicle-to-grid infrastructure.
          (16) The installation and deployment of current and 
        emerging intelligent transportation technologies, 
        including the ability of vehicles to communicate with 
        infrastructure, buildings, and other road users.
          (17) Planning and construction of projects that 
        facilitate intermodal connections between emerging 
        transportation technologies, such as magnetic 
        levitation and hyperloop.
          (18) Protective features, including natural 
        infrastructure, to enhance the resilience of a 
        transportation facility otherwise eligible for 
        assistance under this section.
          (19) Measures to protect a transportation facility 
        otherwise eligible for assistance under this section 
        from cybersecurity threats.
          [(13)] (20) At the request of a State, and upon 
        Secretarial approval of credit assistance under chapter 
        6, subsidy and administrative costs necessary to 
        provide an eligible entity Federal credit assistance 
        under chapter 6 with respect to a project eligible for 
        assistance under this section.
          [(14)] (21) The creation and operation by a State of 
        an office to assist in the design, implementation, and 
        oversight , including conducting value for money 
        analyses or similar comparative analyses, after `` of 
        public-private partnerships eligible to receive funding 
        under this title and chapter 53 of title 49, and the 
        payment of a stipend to unsuccessful private bidders to 
        offset their proposal development costs, if necessary 
        to encourage robust competition in public-private 
        partnership procurements.
          [(15)] (22) Any type of project eligible under this 
        section as in effect on the day before the date of 
        enactment of the FAST Act, including projects described 
        under section 101(a)(29) as in effect on such day.
          (23) Rural barge landing, dock, and waterfront 
        infrastructure projects in accordance with subsection 
        (j).
          (24) Projects to enhance travel and tourism.
  (c) Location of Projects.--A surface transportation block 
grant project may not be undertaken on a road functionally 
classified as a local road or a rural minor collector unless 
the road was on a Federal-aid highway system on January 1, 
1991, except--
          (1) for a bridge or tunnel project (other than the 
        construction of a new bridge or tunnel at a new 
        location);
          (2) for a project described in [paragraphs (4) 
        through (11)] paragraphs (5) through (15) and paragraph 
        (23) of subsection (b);
          (3) for a project described in section 101(a)(29), as 
        in effect on the day before the date of enactment of 
        the FAST Act; [and]
          (4) for a bridge project for the replacement of a low 
        water crossing (as defined by the Secretary) with a 
        bridge; and
          [(4)] (5) as approved by the Secretary.
  (d) Allocations of Apportioned Funds to Areas Based on 
Population.--
          (1) Calculation.--Of the funds apportioned to a State 
        under section 104(b)(2) (after the [reservation] set 
        aside of funds under subsection (h))--
                  (A) [the percentage specified in paragraph 
                (6) for a fiscal year] 55 percent for each of 
                fiscal years 2022 through 2026 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]
                          (ii) in urbanized areas of the State 
                        with an urbanized area population of 
                        not less than 50,000 and not more than 
                        200,000;
                          (iii) in urban areas of the State 
                        with a population not less than 5,000 
                        and not more than 49,999; and
                          (iv) in other areas of the State with 
                        a population less than 5,000; and
           * * * * * * *
          [(3) Consultation with regional transportation 
        planning organizations.--For purposes of paragraph 
        (1)(A)(iii), before obligating funding attributed to an 
        area with a population greater than 5,000 and less than 
        200,000, a State shall consult with the regional 
        transportation planning organizations that represent 
        the area, if any.]
          (3) Local consultation.--
                  (A) Consultation with metropolitan planning 
                organizations.--For purposes of clause (ii) of 
                paragraph (1)(A), a State shall--
                          (i) establish a process to consult 
                        with all metropolitan planning 
                        organizations in the State that 
                        represent an urbanized area described 
                        in that clause; and
                          (ii) describe how funds allocated for 
                        areas described in that clause will be 
                        allocated equitably among the 
                        applicable urbanized areas during the 
                        period of fiscal years 2022 through 
                        2026.
                  (B) Consultation with regional transportation 
                planning organizations.--For purposes of 
                clauses (iii) and (iv) of paragraph (1)(A), 
                before obligating funding attributed to an area 
                with a population less than 50,000, a State 
                shall consult with the regional transportation 
                planning organizations that represent the area, 
                if any.
           * * * * * * *
          [(6) Percentage.--The percentage referred to in 
        paragraph (1)(A) is--
                  [(A) for fiscal year 2016, 51 percent;
                  [(B) for fiscal year 2017, 52 percent;
                  [(C) for fiscal year 2018, 53 percent;
                  (D) for fiscal year 2019, 54 percent; and
                  [(E) for fiscal year 2020, 55 percent.]
  (e) Obligation Authority.--
          (1) In general.--A State that is required to obligate 
        in an urbanized area with an urbanized area population 
        of over 200,000 individuals under subsection (d) funds 
        apportioned to the State under section 104(b)(2) shall 
        make available during the period of [fiscal years 2016 
        through 2020] fiscal years 2022 through 2026 an amount 
        of obligation authority distributed to the State for 
        Federal-aid highways and highway safety construction 
        programs for use in the area that is equal to the 
        amount obtained by multiplying--
  (f) Bridges Not on Federal-aid Highways.--
          (1) Definition of off-system bridge.--In this 
        subsection, the term ``off-system bridge'' means a 
        highway bridge or low water crossing (as defined by the 
        Secretary) located on a public road, other than a 
        bridge or low water crossing (as defined by the 
        Secretary) on a Federal-aid highway.
          (2) Special rule.--
                  (A) Set-aside.--Of the amounts apportioned to 
                a State for fiscal year 2013 and each fiscal 
                year thereafter under this section, the State 
                shall obligate for [activities described in 
                subsection (b)(2) for off-system bridges] 
                activities described in paragraphs (1)(A) and 
                (10) of subsection (b) for off-system bridges, 
                projects and activities described in subsection 
                (b)(1)(A) for the replacement of low water 
                crossings with bridges, and projects and 
                activities described in subsection (b)(10) for 
                low water crossings (as defined by the 
                Secretary), an amount that is not less than [15 
                percent] 20 percent 20 percent of the amount of 
                funds apportioned to the State for the highway 
                bridge program for fiscal year 2009, except 
                that amounts allocated under subsection (d) 
                shall not be obligated to carry out this 
                subsection.
           * * * * * * *
          (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] bridge, rehabilitation of a bridge, or 
        replacement of a low water crossing (as defined by the 
        Secretary) with 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 or, in 
        the case of a replacement of a low water crossing with 
        a bridge, is determined by the Secretary on completion 
        to have improved the safety of the location--
  (g) Special Rule for Areas of [Less Than 5,000] Less Than 
50,000 Population.--
          [(1) Special rule.--Notwithstanding subsection (c), 
        and except as provided in paragraph (2), up to 15 
        percent of the amounts required to be obligated by a 
        State under subsection (d)(1)(A)(ii) for each of fiscal 
        years 2016 through 2020 may be obligated on roads 
        functionally classified as minor collectors.]
          (1) In general.--Notwithstanding subsection (c), and 
        except as provided in paragraph (2), up to 15 percent 
        of the amounts required to be obligated by a State 
        under clauses (iii) and (iv) of subsection (d)(1)(A) 
        for each fiscal year may be obligated on--
                  (A) roads functionally classified as rural 
                minor collectors or local roads; or
                  (B) on critical rural freight corridors 
                designated under section 167(e).
           * * * * * * *
  (h) STP Set-Aside.--
          (1) [Reservation of funds] In general.--Of the funds 
        apportioned to a State under section 104(b)(2) for 
        fiscal year 2022 and each fiscal year thereafter--
                  (A) the Secretary shall set aside an amount 
                equal to 10 percent to carry out this 
                subsection; and [for each fiscal year, the 
                Secretary shall reserve an amount such that--
                  [(A) the Secretary reserves a total under 
                this subsection of--
                          [(i) $835,000,000 for each of fiscal 
                        years 2016 and 2017; and
                          [(ii) $850,000,000 for each of fiscal 
                        years 2018 through 2020; and]
          [(2) Allocation within a state.--Funds reserved for a 
        State under paragraph (1) shall be obligated within 
        that State in the manner described in subsection (d), 
        except that, for purposes of this paragraph (after 
        funds are made available under paragraph (5))--
                  [(A) for each fiscal year, the percentage 
                referred to in paragraph (1)(A) of that 
                subsection shall be deemed to be 50 percent; 
                and
                  [(B) the following provisions shall not 
                apply:
                          [(i) Paragraph (3) of subsection (d).
                          [(ii) Subsection (e).]
          (2) Allocation within a state.--
                  (A) In general.--Except as provided in 
                subparagraph (B), funds set aside for a State 
                under paragraph (1) shall be obligated within 
                that State in the manner described in 
                subsection (d), except that, for purposes of 
                this paragraph (after funds are made available 
                under paragraph (5))--
                          (i) for fiscal year 2022 and each 
                        fiscal year thereafter, the percentage 
                        referred to in paragraph (1)(A) of that 
                        subsection shall be deemed to be 59 
                        percent; and
                          (ii) paragraph (3) of subsection (d) 
                        shall not apply.
                  (B) Local control.--A State may allocate up 
                to 100 percent of the funds referred to in 
                subparagraph (A)(i) if--
                          (i) the State submits to the 
                        Secretary a plan that describes--
                                  (I) how funds will be 
                                allocated to counties, 
                                metropolitan planning 
                                organizations, regional 
                                transportation planning 
                                organizations as described in 
                                section 135(m), or local 
                                governments;
                                  (II) how the entities 
                                described in subclause (I) will 
                                carry out a competitive process 
                                to select projects for funding 
                                and report selected projects to 
                                the State;
                                  (III) the legal, financial, 
                                and technical capacity of the 
                                entities described in subclause 
                                (I);
                                  (IV) how input was gathered 
                                from the entities described in 
                                subclause (I) to ensure those 
                                entities will be able to comply 
                                with the requirements of this 
                                subsection; and
                                  (V) how the State will comply 
                                with paragraph (8); and
                          (ii) the Secretary approves the plan 
                        submitted under clause (i).
          [(3) Eligible projects.--Funds reserved under this 
        subsection may be obligated for projects or activities 
        described in section 101(a)(29) or 213, as such 
        provisions were in effect on the day before the date of 
        enactment of the FAST Act.]
          (3) Eligible projects.--Funds set aside under this 
        subsection may be obligated for--
                  (A) projects or activities described in 
                section 101(a)(29) or 213, as those provisions 
                were in effect on the day before the date of 
                enactment of the FAST Act (Public Law 114-94; 
                129 Stat. 1312);
                  (B) projects and activities under the safe 
                routes to school program under section 208; and
                  (C) activities in furtherance of a vulnerable 
                road user safety assessment (as defined in 
                section 148(a)).
          (4) Access to funds.--
                  [(A) In general.--A State or metropolitan 
                planning organization required to obligate 
                funds in accordance with paragraph (2) shall 
                develop a competitive process to allow eligible 
                entities to submit projects for funding that 
                achieve the objectives of this subsection. A 
                metropolitan planning organization for an area 
                described in subsection (d)(1)(A)(i) shall 
                select projects under such process in 
                consultation with the relevant State.]
                  [(B)] (A) Eligible entity defined.--In this 
                paragraph, the term ``eligible entity'' means--
                          (i) a local government;
                          (ii) a regional transportation 
                        authority;
                          (iii) a transit agency;
                          (iv) a natural resource or public 
                        land agency;
                          (v) a school district, local 
                        education agency, or school;
                          (vi) a tribal government;
                          (vii) a metropolitan planning 
                        organization that serves an urbanized 
                        area with a population of 200,000 or 
                        fewer;
                          [(vii)] (viii) a nonprofit entity 
                        [responsible for the administration of 
                        local transportation safety programs;] 
                        ; and
                          [(viii)] (ix) any other local or 
                        regional governmental entity with 
                        responsibility for or oversight of 
                        transportation or recreational trails 
                        (other than a metropolitan planning 
                        organization that serves an urbanized 
                        area with a population of over 200,000 
                        or a State agency) that the State 
                        determines to be eligible, consistent 
                        with the goals of this subsection[.] ; 
                        and
                          (x) a State, at the request of an 
                        entity described in clauses (i) through 
                        (ix).
                  (B) Competitive process.--A State or 
                metropolitan planning organization required to 
                obligate funds in accordance with paragraph (2) 
                shall develop a competitive process to allow 
                eligible entities to submit projects for 
                funding that achieve the objectives of this 
                subsection.
                  (C) Selection.--A metropolitan planning 
                organization for an area described in 
                subsection (d)(1)(A)(i) shall select projects 
                under the competitive process described in 
                subparagraph (B) in consultation with the 
                relevant State.
                  (D) Prioritization.--The competitive process 
                described in subparagraph (B) shall include 
                prioritization of project location and impact 
                in high-need areas as defined by the State, 
                such as low-income, transit-dependent, rural, 
                or other areas.
          (5) Continuation of certain recreational trails 
        projects.--For each fiscal year, a State shall--
                  (A) obligate an amount of funds [reserved 
                under this section] set aside under this 
                subsection equal to the amount of the funds 
                apportioned to the State for fiscal year 2009 
                under section 104(h)(2), as in effect on the 
                day before the date of enactment of MAP-21, for 
                projects relating to recreational trails under 
                section 206;
           * * * * * * *
          (6) State flexibility.--
                  (A) Recreational trails.--A State may opt out 
                of the recreational trails program under 
                paragraph (5) if the Governor of the State 
                notifies the Secretary not later than 30 days 
                prior to apportionments being made for any 
                fiscal year.
                  (B) Large urbanized areas.--A metropolitan 
                planning area may use not to exceed 50 percent 
                of the funds [reserved] set aside under this 
                subsection for an urbanized area described in 
                subsection (d)(1)(A)(i) for any purpose 
                eligible under subsection (b).
                  (C) Improving accessibility and efficiency.--
                          (i) In general.--A State may use an 
                        amount equal to not more than 5 percent 
                        of the funds set aside for the State 
                        under this subsection, after allocating 
                        funds in accordance with paragraph 
                        (2)(A), to improve the ability of 
                        applicants to access funding for 
                        projects under this subsection in an 
                        efficient and expeditious manner by 
                        providing--
                                  (I) to applicants for 
                                projects under this subsection 
                                application assistance, 
                                technical assistance, and 
                                assistance in reducing the 
                                period of time between the 
                                selection of the project and 
                                the obligation of funds for the 
                                project; and
                                  (II) funding for 1 or more 
                                full-time State employee 
                                positions to administer this 
                                subsection.
                          (ii) Use of funds.--Amounts used 
                        under clause (i) may be expended--
                                  (I) directly by the State; or
                                  (II) through contracts with 
                                State agencies, private 
                                entities, or nonprofit 
                                entities.
          (7) Federal share.--
                  (A) Required aggregate non-federal share.--
                The average annual non-Federal share of the 
                total cost of all projects for which funds are 
                obligated under this subsection in a State for 
                a fiscal year shall be not less than the 
                average non-Federal share of the cost of the 
                projects that would otherwise apply.
                  (B) Flexible financing.--Subject to 
                subparagraph (A), notwithstanding section 120--
                          (i) funds made available to carry out 
                        section 148 may be credited toward the 
                        non-Federal share of the costs of a 
                        project under this subsection if the 
                        project--
                                  (I) is an eligible project 
                                described in section 148(e)(1); 
                                and
                                  (II) is consistent with the 
                                State strategic highway safety 
                                plan (as defined in section 
                                148(a));
                          (ii) the non-Federal share for a 
                        project under this subsection may be 
                        calculated on a project, multiple-
                        project, or program basis; and
                          (iii) the Federal share of the cost 
                        of an individual project in this 
                        section may be up to 100 percent.
                  (C) Requirement.--Subparagraph (B) shall only 
                apply to a State if the State has adequate 
                financial controls, as certified by the 
                Secretary, to account for the average annual 
                non-Federal share under this paragraph.
          [(7)] (8) Annual reports.--
                  (A) In general.--Each State or metropolitan 
                planning organization responsible for carrying 
                out the requirements of this subsection shall 
                submit to the Secretary an annual report that 
                [describes] includes--
                          (i) the number of project 
                        applications received for each fiscal 
                        year, including--
                                  (I) the aggregate cost of the 
                                projects for which applications 
                                are received; and
                                  (II) the types of projects to 
                                be carried out, expressed as 
                                percentages of the total 
                                apportionment of the State 
                                under this subsection; and
                          [(ii) the number of projects selected 
                        for funding for each fiscal year, 
                        including the aggregate cost and 
                        location of projects selected.]
                          (ii) a list of each project selected 
                        for funding for each fiscal year, 
                        including, for each project--
                                  (I) the fiscal year during 
                                which the project was selected;
                                  (II) the fiscal year in which 
                                the project is anticipated to 
                                be funded;
                                  (III) the recipient;
                                  (IV) the location, including 
                                the congressional district;
                                  (V) the type;
                                  (VI) the cost; and
                                  (VII) a brief description.
           * * * * * * *
  (j) Rural Barge Landing, Dock, and Waterfront Infrastructure 
Projects.--
          (1) In general.--A State may use not more than 5 
        percent of the funds apportioned to the State under 
        section 104(b)(2) for eligible rural barge landing, 
        dock, and waterfront infrastructure projects described 
        in paragraph (2).
          (2) Eligible projects.--An eligible rural barge 
        landing, dock, or waterfront infrastructure project 
        referred to in paragraph (1) is a project for the 
        planning, designing, engineering, or construction of a 
        barge landing, dock, or other waterfront infrastructure 
        in a rural community or a Native village (as defined in 
        section 3 of the Alaska Native Claims Settlement Act 
        (43 U.S.C. 1602)) that is off the road system.
  (k) Projects in Rural Areas.--
          (1) Set aside.--Notwithstanding subsection (c), in 
        addition to the activities described in subsections (b) 
        and (g), of the amounts apportioned to a State for each 
        fiscal year to carry out this section, not more than 15 
        percent may be--
                  (A) used on eligible projects under 
                subsection (b) or maintenance activities on 
                roads functionally classified as rural minor 
                collectors or local roads, ice roads, or 
                seasonal roads; or
                  (B) transferred to--
                          (i) the Appalachian Highway System 
                        Program under 14501 of title 40; or
                          (ii) the Denali access system program 
                        under section 309 of the Denali 
                        Commission Act of 1998 (42 U.S.C. 3121 
                        note; Public Law 105-277).
          (2) Savings clause.--Amounts allocated under 
        subsection (d) shall not be used to carry out this 
        subsection, except at the request of the applicable 
        metropolitan planning organization.
           * * * * * * *

Sec. 134. Metropolitan transportation planning

  (a) Policy.--It is in the national interest--
          (1) * * *
           * * * * * * *
  (d) Designation of Metropolitan Planning Organizations.--
          (1) In general.--To carry out the transportation 
        planning process required by this section, a 
        metropolitan planning organization shall be designated 
        for each urbanized area with a population of more than 
        50,000 individuals--
                  (A) * * *
           * * * * * * *
          (3) Representation.--
                  (A) In general.-- * * *
           * * * * * * *
                  (C) Powers of certain officials.--An official 
                described in paragraph (2)(B) shall have 
                responsibilities, actions, duties, voting 
                rights, and any other authority commensurate 
                with other officials described in paragraph 
                (2).
                  (D) Considerations.--In designating officials 
                or representatives under paragraph (2) for the 
                first time, subject to the bylaws or enabling 
                statute of the metropolitan planning 
                organization, the metropolitan planning 
                organization shall consider the equitable and 
                proportional representation of the population 
                of the metropolitan planning area.
           * * * * * * *
          (7) Designation of more than 1 metropolitan planning 
        organization.--More than 1 metropolitan planning 
        organization may be designated within [an existing 
        metropolitan planning area] an existing urbanized area 
        (as defined by the Bureau of the Census) only if the 
        Governor and the existing metropolitan planning 
        organization determine that the size and complexity of 
        [the existing metropolitan planning area] the area make 
        designation of more than 1 metropolitan planning 
        organization for the area appropriate.
           * * * * * * *
  (g) MPO Consultation in Plan and TIP Coordination.--
          (1) Nonattainment areas.--If more than 1 metropolitan 
        planning organization has authority within [a 
        metropolitan area] an urbanized area (as defined by the 
        Bureau of the Census) or an area which is designated as 
        a nonattainment area for ozone or carbon monoxide under 
        the Clean Air Act (42 U.S.C. 7401 et seq.), each 
        metropolitan planning organization shall consult with 
        the other metropolitan planning organizations 
        designated for such area and the State in the 
        coordination of plans and TIPs required by this 
        section.
           * * * * * * *
          (4) Coordination between MPOs.--If more than 1 
        metropolitan planning organization is designated within 
        an urbanized area (as defined by the Bureau of the 
        Census) under subsection (d)(7), the metropolitan 
        planning organizations designated within the area shall 
        ensure, to the maximum extent practicable, the 
        consistency of any data used in the planning process, 
        including information used in forecasting travel 
        demand.
          (5) Savings clause.--Nothing in this subsection 
        requires metropolitan planning organizations designated 
        within a single urbanized area to jointly develop 
        planning documents, including a unified long-range 
        transportation plan or unified TIP.
           * * * * * * *
  (i) Development of Transportation Plan.--
          (1) Requirements.--
                  (A) In general.-- * * *
           * * * * * * *
          (6) Participation by interested parties.--
                  (A) In general.--Each metropolitan planning 
                organization shall provide citizens, affected 
                public agencies, representatives of public 
                transportation employees, public ports, freight 
                shippers, providers of freight transportation 
                services, private providers of transportation 
                (including intercity bus operators, employer-
                based commuting programs, such as a carpool 
                program, vanpool program, transit benefit 
                program, parking cash-out program, shuttle 
                program, or telework program), representatives 
                of users of public transportation, 
                representatives of users of pedestrian walkways 
                and bicycle transportation facilities, 
                representatives of the disabled, and other 
                interested parties with a reasonable 
                opportunity to comment on the transportation 
                plan.
                  (B) Contents of participation plan.--A 
                participation plan--
                          (i) * * *
           * * * * * * *
                  (D) Use of technology.--A metropolitan 
                planning organization may use social media and 
                other web-based tools--
                          (i) to further encourage public 
                        participation; and
                          (ii) to solicit public feedback 
                        during the transportation planning 
                        process.
           * * * * * * *
  (p) Funding.--Funds apportioned under [paragraphs (5)(D) and 
(6) of section 104(b) of this title] section 104(b)(6) or 
section 5305(g) of title 49 shall be available to carry out 
this section.
           * * * * * * *

Sec. 135. Statewide and nonmetropolitan transportation planning

  (a) General Requirements.-- * * *
           * * * * * * *
  (f) Long-range Statewide Transportation Plan.--
          (1) Development.-- * * *
           * * * * * * *
          (3) Participation by interested parties.--
                  (A) In general.--In developing the statewide 
                transportation plan, the State shall provide 
                to--
                          (i) * * *
           * * * * * * *
                  (C) Use of technology.--A State may use 
                social media and other web-based tools--
                          (i) to further encourage public 
                        participation; and
                          (ii) to solicit public feedback 
                        during the transportation planning 
                        process.
           * * * * * * *
  (g) Statewide Transportation Improvement Program.--
          (1) Development.-- * * *
           * * * * * * *
          (3) Participation by interested parties.--In 
        developing the program, the State shall provide 
        citizens, affected public agencies, representatives of 
        public transportation employees, public ports, freight 
        shippers, private providers of transportation 
        (including intercity bus [operators),] operators), 
        providers of freight transportation services, 
        representatives of users of public transportation, 
        representatives of users of pedestrian walkways and 
        bicycle transportation facilities, representatives of 
        the disabled, and other interested parties with a 
        reasonable opportunity to comment on the proposed 
        program.
           * * * * * * *
          (6) Project selection for areas of less than 50,000 
        population.--
                  (A) In general.-- * * *
           * * * * * * *
                  (B) Other projects.--Projects carried out in 
                areas with populations of less than 50,000 
                individuals on the National Highway System or 
                under the bridge program or the Interstate 
                maintenance program under this title or under 
                sections [5310, 5311, 5316,d 5317] 
                5310 and 5311 of title 49 shall be selected, 
                from the approved statewide transportation 
                improvement program, by the State in 
                consultation with the affected nonmetropolitan 
                local officials with responsibility for 
                transportation.
           * * * * * * *
  (i) Funding.--Funds apportioned under [paragraphs (5)(D) and 
(6) of section 104(b) of this title] section 104(b)(6) and set 
aside under section 5305(g) of title 49 shall be available to 
carry out this section.
           * * * * * * *

Sec. 138. Preservation of parklands

  (a) Declaration of Policy.--[It is declared to be]
          (1) In general.--It is the national policy that 
        special effort should be made to preserve the natural 
        beauty of the countryside and public park and 
        recreation lands, wildlife and waterfowl refuges, and 
        historic sites. [The Secretary of Transportation]
          (2) Cooperation and consultation.--
                  (A) In general.--The Secretary shall 
                cooperate and consult with the Secretaries of 
                the Interior, Housing and Urban Development, 
                and Agriculture, and with the States in 
                developing transportation plans and programs 
                that include measures to maintain or enhance 
                the natural beauty of the lands traversed. 
                )After the]
                  (B) Timeline for approvals.--
                          (i) In general.--The Secretary 
                        shall--
                                  (I) provide an evaluation 
                                under this section to the 
                                Secretaries described in 
                                subparagraph (A); and
                                  (II) provide a period of 30 
                                days for receipt of comments.
                          (ii) Assumed acceptance.--If the 
                        Secretary does not receive comments by 
                        15 days after the deadline under clause 
                        (i)(II), the Secretary shall assume a 
                        lack of objection and proceed with the 
                        action.
                  (C) Effect.--Nothing in subparagraph (B) 
                affects--
                          (i) the requirements under--
                                  (I) subsections (b) through 
                                (f); or
                                  (II) the consultation process 
                                under section 306108 of title 
                                54; or
                          (ii) programmatic section 4(f) 
                        evaluations, as described in 
                        regulations issued by the Secretary.
          (3) Requirement.--After the effective date of the 
        Federal-Aid Highway Act of 1968, the Secretary shall 
        not approve any program or project (other than any 
        project for a Federal lands transportation facility) 
        which requires the use of any publicly owned land from 
        a public park, recreation area, or wildlife and 
        waterfowl refuge of national, State, or local 
        significance as determined by the Federal, State, or 
        local officials having jurisdiction thereof, or any 
        land from an historic site of national, State, or local 
        significance as so determined by such officials [unless 
        (1) there is] unless--
                  (A) there is no feasible and prudent 
                alternative to the use of [such land, and (2) 
                such program] the land; and
                  (B) the program includes all possible 
                planning to minimize harm to such park, 
                recreational area, wildlife and waterfowl 
                refuge, or historic site resulting from such 
                use. [In carrying out]
          (4) Studies.--In carrying out the national policy 
        declared in this section the Secretary, in cooperation 
        with the Secretary of the Interior and appropriate 
        State and local officials, is authorized to conduct 
        studies as to the most feasible Federal-aid routes for 
        the movement of motor vehicular traffic through or 
        around national parks so as to best serve the needs of 
        the traveling public while preserving the natural 
        beauty of these areas.

Sec. 139. Efficient environmental reviews for project [decisionmaking] 
                    decisionmaking and One Federal Decision

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Agency.--The term ``agency'' means any agency, 
        department, or other unit of Federal, State, local, or 
        Indian tribal government.
          (2) Authorization.--The term `authorization' means 
        any environmental license, permit, approval, finding, 
        or other administrative decision related to the 
        environmental review process that is required under 
        Federal law to site, construct, or reconstruct a 
        project.
          (3) Environmental document.--The term `environmental 
        document' includes an environmental assessment, finding 
        of no significant impact, notice of intent, 
        environmental impact statement, or record of decision 
        under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.).
          [(2)] (4) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed 
        statement of environmental impacts required to be 
        prepared under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.).
          [(3)] (5) Environmental review process.--
                  (A) In general.--The term ``environmental 
                review process'' means the process for 
                preparing for a project an environmental impact 
                statement, environmental assessment, 
                categorical exclusion, or other document 
                prepared under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                  (B) Inclusions.--The term ``environmental 
                review process'' includes the [process for and 
                completion of any environmental permit] process 
                and schedule, including a timetable for and 
                completion of any environmental permit, 
                approval, review, or study required for a 
                project under any Federal law other than the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
          )(4)] (6) Lead agency.--The term ``lead agency'' 
        means the Department of Transportation and, if 
        applicable, any State or local governmental entity 
        serving as a joint lead agency pursuant to this 
        section.
          (7) Major project.--
                  (A) In general.--The term `major project' 
                means a project for which--
                          (i) multiple permits, approvals, 
                        reviews, or studies are required under 
                        a Federal law other than the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.);
                          (ii) the project sponsor has 
                        identified the reasonable availability 
                        of funds sufficient to complete the 
                        project;
                          (iii) the project is not a covered 
                        project (as defined in section 41001 of 
                        the FAST Act (42 U.S.C. 4370m)); and
                          (iv)(I) the head of the lead agency 
                        has determined that an environmental 
                        impact statement is required; or
                          (II) the head of the lead agency has 
                        determined that an environmental 
                        assessment is required, and the project 
                        sponsor requests that the project be 
                        treated as a major project.
                  (B) Clarification.--In this section, the term 
                `major project' does not have the same meaning 
                as the term `major project' as described in 
                section 106(h).
          [(5)] (8) Multimodal project.--The term ``multimodal 
        project'' means a project that requires the approval of 
        more than 1 Department of Transportation operating 
        administration or secretarial office.
          [(6)] (9) Project.--
                  (A) In general.--The term ``project'' means 
                any highway project, public transportation 
                capital project, or multimodal project that, if 
                implemented as proposed by the project sponsor, 
                would require approval by any operating 
                administration or secretarial office within the 
                Department of Transportation.
                  (B) Considerations.--In determining whether a 
                project is a project under subparagraph (A), 
                the Secretary shall take into account, if 
                known, any sources of Federal funding or 
                financing identified by the project sponsor, 
                including any discretionary grant, loan, and 
                loan guarantee programs administered by the 
                Department of Transportation.
          [(7)] (10) Project sponsor.--The term ``project 
        sponsor'' means the agency or other entity, including 
        any private or public-private entity, that seeks 
        approval of the Secretary for a project.
          [(8)] (11) State transportation department.--The term 
        ``State transportation department'' means any statewide 
        agency of a State with responsibility for one or more 
        modes of transportation.
  (b) Applicability.--
          (1) In general.--The project development procedures 
        in this section are applicable to all projects , 
        including major projects, for which an environmental 
        impact statement is prepared under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.) and may be applied, as requested by a project 
        sponsor and to the extent determined appropriate by the 
        Secretary, to other projects for which an environmental 
        document is prepared pursuant to such Act.
           * * * * * * *
  (c) Lead Agencies.--
          (1) Federal lead agency.--
                  (A) In general.--The Department of 
                Transportation, or an operating administration 
                thereof designated by the Secretary, shall be 
                the Federal lead agency in the environmental 
                review process for a project.
                  (B) Modal administration.--If the project 
                requires approval from more than 1 modal 
                administration within the Department, the 
                Secretary may designate a single modal 
                administration to serve as the Federal lead 
                agency for the Department in the environmental 
                review process for the project.
          (2) Joint lead agencies.--Nothing in this section 
        precludes another agency from being a joint lead agency 
        in accordance with regulations under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
          (3) Project sponsor as joint lead agency.--Any 
        project sponsor that is a State or local governmental 
        entity receiving funds under this title or chapter 53 
        of title 49 for the project shall serve as a joint lead 
        agency with the Department for purposes of preparing 
        any environmental document under the National 
        Environmental Policy Act of 1969`(42 U.S.C. 4321 et 
        seq.) and may prepare any such environmental document 
        required in support of any action or approval by the 
        Secretary if the Federal lead agency furnishes guidance 
        in such preparation and independently evaluates such 
        document and the document is approved and adopted by 
        the Secretary prior to the Secretary taking any 
        subsequent action or making any approval based on such 
        document, whether or not the Secretary's action or 
        approval results in Federal funding.
          (4) Ensuring compliance.-- * * *
           * * * * * * *
          (6) Roles and responsibility of lead agency.--With 
        respect to the environmental review process for any 
        project, the lead agency shall have authority and 
        responsibility--
                  (A) to take such actions as are necessary and 
                proper, within the authority of the lead 
                agency, to facilitate the expeditious 
                resolution of the environmental review process 
                for the project;
                  (B) to prepare or ensure that any required 
                environmental impact statement or other 
                document required to be completed under the 
                National Environmental Policy Act of 1969(42 
                U.S.C. 4321 et seq.) is completed in accordance 
                with this section and applicable Federal law; 
                [and]
                  (C) to consider and respond to comments 
                received from participating agencies on matters 
                within the special expertise or jurisdiction of 
                those agencies[.] ; and]
                  (D) to calculate annually the average time 
                taken by the lead agency to complete all 
                environmental documents for each project during 
                the previous fiscal year.
          (7) Process improvements for projects.--
                  (A) In general.--The Secretary shall review--
                          (i) existing practices, procedures, 
                        rules, regulations, and applicable laws 
                        to identify impediments to meeting the 
                        requirements applicable to projects 
                        under this section; and
                          (ii) best practices, programmatic 
                        agreements, and potential changes to 
                        internal departmental procedures that 
                        would facilitate an efficient 
                        environmental review process for 
                        projects.
                  (B) Consultation.--In conducting the review 
                under subparagraph (A), the Secretary shall 
                consult, as appropriate, with the heads of 
                other Federal agencies that participate in the 
                environmental review process.
                  (C) Report.--Not later than 2 years after the 
                date of enactment of the Surface Transportation 
                Reauthorization Act of 2021, 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 report that 
                includes--
                          (i) the results of the review under 
                        subparagraph (A); and
                          (ii) an analysis of whether 
                        additional funding would help the 
                        Secretary meet the requirements 
                        applicable to projects under this 
                        section.
  (d) Participating Agencies.--
          (1) In general.-- * * *
           * * * * * * *
          (8) Single [nepa] environmental document.--
                  (A) In general.--Except as inconsistent with 
                paragraph (7) and except as provided in 
                subparagraph (D), to the maximum extent 
                practicable and consistent with Federal law, 
                all Federal [permits] authorizations and 
                reviews for a project shall rely on a [single 
                environment document] single environmental 
                document for each kind of environmental 
                document prepared under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) under the leadership of the lead 
                agency.
                  (B) Use of document.--
                          (i) In general.--To the maximum 
                        extent practicable, the lead agency 
                        shall develop an [environmental 
                        document] environmental documents 
                        sufficient to satisfy the requirements 
                        for any Federal approval or other 
                        Federal action required for the 
                        project, including [permits issued] 
                        authorizations by other Federal 
                        agencies.
           * * * * * * *
                  (D) Exceptions.--The lead agency may waive 
                the application of subparagraph (A) with 
                respect to a project if--
                          (i) the project sponsor requests that 
                        agencies issue separate environmental 
                        documents;
                          (ii) the obligations of a cooperating 
                        agency or participating agency under 
                        the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.) have 
                        already been satisfied with respect to 
                        the project; or
                          (iii) the lead agency determines that 
                        reliance on a single environmental 
                        document (as described in subparagraph 
                        (A)) would not facilitate timely 
                        completion of the environmental review 
                        process for the project.
           * * * * * * *
          (10) Timely authorizations for major projects.--
                  (A) Deadline.--Except as provided in 
                subparagraph (C), all authorization decisions 
                necessary for the construction of a major 
                project shall be completed by not later than 90 
                days after the date of the issuance of a record 
                of decision for the major project.
                  (B) Detail.--The final environmental impact 
                statement for a major project shall include an 
                adequate level of detail to inform decisions 
                necessary for the role of the participating 
                agencies and cooperating agencies in the 
                environmental review process.
                  (C) Extension of deadline.--The head of the 
                lead agency may extend the deadline under 
                subparagraph (A) if--
                          (i) Federal law prohibits the lead 
                        agency or another agency from issuing 
                        an approval or permit within the period 
                        described in that subparagraph;
                          (ii) the project sponsor requests 
                        that the permit or approval follow a 
                        different timeline; or
                          (iii) an extension would facilitate 
                        completion of the environmental review 
                        and authorization process of the major 
                        project.
           * * * * * * *
  (g) Coordination and Scheduling.--
          (1) Coordination plan.--
                  (A) In general.--Not later than 90 days after 
                the date of publication of a notice of intent 
                to prepare an environmental impact statement or 
                the initiation of an environmental assessment, 
                the lead agency shall establish a plan for 
                coordinating public and agency participation in 
                and comment on the environmental review process 
                for a project or category of projects. The 
                coordination plan may be incorporated into a 
                memorandum of understanding.
                  (B) Schedule.--
                          (i) In general.-- * * *
           * * * * * * *
                                  (IV) the overall [schedule 
                                for and cost of] time required 
                                by an agency to conduct an 
                                environmental review and make 
                                decisions under applicable 
                                Federal law relating to a 
                                project (including the issuance 
                                or denial of a permit or 
                                license) and the cost of the 
                                project; and
                          (iii) Major project schedule.--To the 
                        maximum extent practicable and 
                        consistent with applicable Federal law, 
                        in the case of a major project, the 
                        lead agency shall develop, in 
                        concurrence with the project sponsor, a 
                        schedule for the major project that is 
                        consistent with an agency average of 
                        not more than 2 years for the 
                        completion of the environmental review 
                        process for major projects, as measured 
                        from, as applicable--
                                  (I) the date of publication 
                                of a notice of intent to 
                                prepare an environmental impact 
                                statement to the record of 
                                decision; or
                                  (II) the date on which the 
                                head of the lead agency 
                                determines that an 
                                environmental assessment is 
                                required to a finding of no 
                                significant impact.
                  [(D) Modification.--The lead agency may--
                          [(i) lengthen a schedule established 
                        under subparagraph (B) for good cause; 
                        and
                          [(ii) shorten a schedule only with 
                        the concurrence of the affected 
                        cooperating agencies.]
                  (D) Modification.--
                          (i) In general.--Except as provided 
                        in clause (ii), the lead agency may 
                        lengthen or shorten a schedule 
                        established under subparagraph (B) for 
                        good cause.
                          (ii) Exceptions.--
                                  (I) Major projects.--In the 
                                case of a major project, the 
                                lead agency may lengthen a 
                                schedule under clause (i) for a 
                                cooperating Federal agency by 
                                not more than 1 year after the 
                                latest deadline established for 
                                the major project by the lead 
                                agency.
                                  (II) Shortened schedules.--
                                The lead agency may not shorten 
                                a schedule under clause (i) if 
                                doing so would impair the 
                                ability of a cooperating 
                                Federal agency to conduct 
                                necessary analyses or otherwise 
                                carry out relevant obligations 
                                of the Federal agency for the 
                                project.
                  (E) Failure to meet deadline.--If a 
                cooperating Federal agency fails to meet a 
                deadline established under subparagraph 
                (D)(ii)(I)--
                          (i) the cooperating Federal agency 
                        shall submit to the Secretary a report 
                        that describes the reasons why the 
                        deadline was not met; and
                          (ii) the Secretary shall--
                                  (I) transmit to the Committee 
                                on Environment and Public Works 
                                of the Senate and the Committee 
                                on Transportation and 
                                Infrastructure of the House of 
                                Representatives a copy of the 
                                report under clause (i); and
                                  (II) make the report under 
                                clause (i) publicly available 
                                on the internet.
                  [(E)] (F) Dissemination.--A copy of a 
                schedule under subparagraph (B), and of any 
                modifications to the schedule, shall be--
                          (i) provided to all participating 
                        agencies and to the State 
                        transportation department of the State 
                        in which the project is located (and, 
                        if the State is not the project 
                        sponsor, to the project sponsor); and
                          (ii) made available to the public.
           * * * * * * *
  (k) Judicial Review and Savings Clause.--
          (1) Judicial review.--Except as set forth under 
        subsection (l), nothing in this section shall affect 
        the reviewability of any final Federal agency action in 
        a court of the United States or in the court of any 
        State.
          (2) Savings clause.--Nothing in this section shall be 
        construed as superseding, amending, or modifying the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) or any other Federal environmental 
        statute or affect the responsibility of any Federal 
        officer to comply with or enforce any such statute.
           * * * * * * *
  (n) Accelerated Decisionmaking in Environmental Reviews.--
          (1) In general.--* * *
           * * * * * * *
          (3) Length of environmental document.--
                  (A) In general.--Notwithstanding any other 
                provision of law and except as provided in 
                subparagraph (B), to the maximum extent 
                practicable, the text of the items described in 
                paragraphs (4) through (6) of section 
                1502.10(a) of title 40, Code of Federal 
                Regulations (or successor regulations), of an 
                environmental impact statement for a project 
                shall be 200 pages or fewer.
                  (B) Exemption.--An environmental impact 
                statement for a project may exceed 200 pages, 
                if the lead agency establishes a new page limit 
                for the environmental impact statement for that 
                project.
           * * * * * * *
  (p) Accountability and Reporting for Major Projects.--
          (1) In general.--The Secretary shall establish a 
        performance accountability system to track each major 
        project.
          (2) Requirements.--The performance accountability 
        system under paragraph (1) shall, for each major 
        project, track, at a minimum--
                  (A) the environmental review process for the 
                major project, including the project schedule;
                  (B) whether the lead agency, cooperating 
                agencies, and participating agencies are 
                meeting the schedule established for the 
                environmental review process; and
                  (C) the time taken to complete the 
                environmental review process.
  (q) Development of Categorical Exclusions.--
          (1) In general.--Not later than 60 days after the 
        date of enactment of this subsection, and every 4 years 
        thereafter, the Secretary shall--
                  (A) in consultation with the agencies 
                described in paragraph (2), identify the 
                categorical exclusions described in section 
                771.117 of title 23, Code of Federal 
                Regulations (or successor regulations), that 
                would accelerate delivery of a project if those 
                categorical exclusions were available to those 
                agencies;
                  (B) collect existing documentation and 
                substantiating information on the categorical 
                exclusions described in subparagraph (A); and
                  (C) provide to each agency described in 
                paragraph (2)--
                          (i) a list of the categorical 
                        exclusions identified under 
                        subparagraph (A); and
                          (ii) the documentation and 
                        substantiating information under 
                        subparagraph (B).
          (2) Agencies described.--The agencies referred to in 
        paragraph (1) are--
                  (A) the Department of the Interior;
                  (B) the Department of the Army;
                  (C) the Department of Commerce;
                  (D) the Department of Agriculture;
                  (E) the Department of Energy;
                  (F) the Department of Defense; and
                  (G) any other Federal agency that has 
                participated in an environmental review process 
                for a project, as determined by the Secretary.
          (3) Adoption of categorical exclusions.--
                  (A) In general.--Not later than 1 year after 
                the date on which the Secretary provides a list 
                under paragraph (1)(C), an agency described in 
                paragraph (2) shall publish a notice of 
                proposed rulemaking to propose any categorical 
                exclusions from the list applicable to the 
                agency, subject to the condition that the 
                categorical exclusion identified under 
                paragraph (1)(A) meets the criteria for a 
                categorical exclusion under section 1508.1 of 
                title 40, Code of Federal Regulations (or 
                successor regulations).
                  (B) Public comment.--In a notice of proposed 
                rulemaking under subparagraph (A), the 
                applicable agency may solicit comments on 
                whether any of the proposed new categorical 
                exclusions meet the criteria for a categorical 
                exclusion under section 1508.1 of title 40, 
                Code of Federal Regulations (or successor 
                regulations).
           * * * * * * *

Sec. 140. Nondiscrimination

  (a) Prior to approving any programs for projects as provided 
for in section 135, the Secretary shall require assurances from 
any State desiring to avail itself of the benefits of this 
chapter that employment in connection with proposed projects 
will be provided without regard to race, color, creed, national 
origin, or sex. The Secretary shall require that each State 
shall include in the advertised specifications, notification of 
the specific equal employment opportunity responsibilities of 
the successful bidder. In approving programs for projects on 
any of the Federal-aid systems, the Secretary, if necessary to 
ensure equal employment opportunity, shall require 
certification by any State desiring to avail itself of the 
benefits of this chapter that there are in existence and 
available on a regional, statewide, or local basis, 
apprenticeship, skill improvement or other upgrading programs, 
registered with the Department of Labor or the appropriate 
State agency, if any, which provide equal opportunity for 
training and employment without regard to race, color, creed, 
national origin, or sex. In implementing such programs, a State 
may reserve training positions for persons who receive welfare 
assistance from such State; except that the implementation of 
any such program shall not cause current employees to be 
displaced or current positions to be supplanted or preclude 
workers that are participating in an apprenticeship, skill 
improvement, or other upgrading program registered with the 
Department of Labor or the appropriate State agency from being 
referred to, or hired on, projects funded under this title 
without regard to the length of time of their participation in 
such program. The Secretary shall periodically obtain from the 
Secretary of Labor and the respective State transportation 
departments information which will enable the Secretary to 
judge compliance with the requirements of this section and the 
Secretary of Labor shall render to the Secretary such 
assistance and information as the Secretary of Transportation 
shall deem necessary to carry out the equal employment 
opportunity program required hereunder.
           * * * * * * *

Sec. 142. Public transportation

  (a)(1) To encourage the development, improvement, and use of 
public mass transportation systems operating buses on Federal-
aid highways for the transportation of passengers, so as to 
increase the traffic capacity of the Federal-aid highways for 
the movement of persons, the Secretary may approve as a project 
on any Federal-aid highway the construction of exclusive or 
preferential high occupancy vehicle lanes, highway traffic 
control devices, bus passenger loading areas and facilities 
(including shelters), and fringe and transportation corridor 
parking facilities, which may include electric vehicle charging 
stations or natural gas vehicle refueling stations, to serve 
high occupancy vehicle and public mass transportation 
passengers, and sums apportioned under section 104(b) of this 
title shall be available to finance the cost of projects under 
this paragraph. If fees are charged for the use of any parking 
facility constructed under this section, the rate thereof shall 
not be in excess of that required for maintenance and operation 
of the facility and the cost of providing shuttle service to 
and from the facility (including compensation to any person for 
operating the facility and for providing such shuttle service).
           * * * * * * *
          (3) Bus corridors.--In addition to the projects 
        described in paragraphs (1) and (2), the Secretary may 
        approve payment from sums apportioned under paragraph 
        (2) or (7) of section 104(b) for carrying out a capital 
        project for the construction of a bus rapid transit 
        corridor or dedicated bus lanes, including the 
        construction or installation of--
                  (A) traffic signaling and prioritization 
                systems;
                  (B) redesigned intersections that are 
                necessary for the establishment of a bus rapid 
                transit corridor;
                  (C) on-street stations;
                  (D) fare collection systems;
                  (E) information and wayfinding systems; and
                  (F) depots.
           * * * * * * *
  [(i) The provisions of section 5323(a)(1)(D) of title 49 
shall apply in carrying out subsection (a)(2) of this section.]

Sec. 143. Highway use tax evasion projects

  (a) State Defined.--In this section, the term ``State'' means 
the 50 States and the District of Columbia.
  (b) Projects.--
          (1) In general.--The Secretary shall carry out 
        highway use tax evasion projects in accordance with 
        this subsection.
          (2) Funding.--
                  (A) In general.--From administrative funds 
                made available under section 104(a), the 
                Secretary may deduct such sums as are 
                necessary, not to exceed $4,000,000 for each of 
                fiscal years [2016 through 2020] fiscal years 
                2022 through 2026, to carry out this section.
           * * * * * * *

Sec. 144. National bridge and tunnel inventory and inspection standards

  (a) Findings and Declarations.--
          (1) Findings.--Congress finds that--
                  (A) * * *
           * * * * * * *
          (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 , resilience 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[.] ; and
                  (F) to ensure adequate passage of aquatic and 
                terrestrial species, where appropriate.
           * * * * * * *
  (b) National Bridge and Tunnel Inventories.--The Secretary, 
in consultation with the States and Federal agencies with 
jurisdiction over highway bridges and tunnels, shall--
          (1) * * *
           * * * * * * *
          (4) based on that classification, assign each a risk-
        based priority for systematic preventative maintenance, 
        replacement, or rehabilitation; [and]
          (5) determine the cost of replacing each 
        [structurally deficient bridge] bridge classified as in 
        poor condition identified under this subsection with a 
        comparable facility or the cost of rehabilitating the 
        bridge[.] ; and
          (6) determine if the replacement or rehabilitation of 
        bridges and tunnels should include measures to enable 
        safe and unimpeded movement for terrestrial and aquatic 
        species.
           * * * * * * *
  (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.
          (3) Requirement.--The first revision under paragraph 
        (2) after the date of enactment of the Surface 
        Transportation Reauthorization Act of 2021 shall 
        include techniques to assess passage of aquatic and 
        terrestrial species and habitat restoration potential.
  (j) Bundling of Bridge Projects.--
          (1) Purpose.-- * * *
           * * * * * * *
          [(6) Engineering cost reimbursement.--The provisions 
        of section 102(b) do not apply to projects carried out 
        under this subsection.]
           * * * * * * *

Sec. 147. Construction of ferry boats and ferry terminal facilities

  (a) Program.--The Secretary shall carry out a program for 
construction of ferry boats and ferry terminal facilities in 
accordance with section 129(c).
           * * * * * * *
  [(h) Authorization of Appropriations.--There is authorized to 
be appropriated out of the Highway Trust Fund (other than the 
Mass Transit Account) to carry out this section $80,000,000 for 
each of fiscal years 2016 through 2020.]
  (h) Authorization of Appropriations.--There are authorized to 
be appropriated out of the Highway Trust Fund (other than the 
Mass Transit Account) to carry out this section--
          (1) $110,000,000 for fiscal year 2022;
          (2) $112,000,000 for fiscal year 2023;
          (3) $114,000,000 for fiscal year 2024;
          (4) $116,000,000 for fiscal year 2025; and
          (5) $118,000,000 for fiscal year 2026.
           * * * * * * *

Sec. 148. Highway safety improvement program

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) * * *
           * * * * * * *
          (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'' only includes a project 
                for 1 or more of the following:
                          (i) An intersection safety 
                        improvement that provides for the 
                        safety of all road users, as 
                        appropriate, including a multimodal 
                        roundabout.
                          (ii) * * *
           * * * * * * *
                          (vi) Construction and improvement of 
                        a railway-highway grade crossing safety 
                        feature, including installation of 
                        protective devices or a grade 
                        separation project.
                          (vii) The conduct of a model traffic 
                        enforcement activity at a railway-
                        highway crossing.
                          [(viii) Construction of a traffic 
                        calming feature.]
                          (viii) Construction or installation 
                        of features, measures, and road designs 
                        to calm traffic and reduce vehicle 
                        speeds.
                          (ix) * * *
           * * * * * * *
                          [(xxvi) Pedestrian hybrid beacons.]
                          (xxvi) Installation or upgrades of 
                        traffic control devices for pedestrians 
                        and bicyclists, including pedestrian 
                        hybrid beacons and the addition of 
                        bicycle movement phases to traffic 
                        signals.
                          [(xxvii) Roadway improvements that 
                        provide separation between pedestrians 
                        and motor vehicles, including medians 
                        and pedestrian crossing islands.]
                          [(xxviii) A physical infrastructure 
                        safety project not described in clauses 
                        (i) through (xxvii).]
                          (xxvii) Roadway improvements that 
                        provide separation between pedestrians 
                        and motor vehicles or between 
                        bicyclists and motor vehicles, 
                        including medians, pedestrian crossing 
                        islands, protected bike lanes, and 
                        protected intersection features.
                          (xxviii) A pedestrian security 
                        feature designed to slow or stop a 
                        motor vehicle.
                          (xxix) A physical infrastructure 
                        safety project not described in clauses 
                        (i) through (xxviii).
          (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) Safe system approach.--The term `safe system 
        approach' means a roadway design--
                  (A) that emphasizes minimizing the risk of 
                injury or fatality to road users; and
                  (B) that--
                          (i) takes into consideration the 
                        possibility and likelihood of human 
                        error;
                          (ii) accommodates human injury 
                        tolerance by taking into consideration 
                        likely accident types, resulting impact 
                        forces, and the ability of the human 
                        body to withstand impact forces; and
                          (iii) takes into consideration 
                        vulnerable road users.
          [(9)] (10) 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.
          (11) Specified safety project.--
                  (A) In general.--The term `specified safety 
                project' means a project carried out for the 
                purpose of safety under any other section of 
                this title that is consistent with the State 
                strategic highway safety plan.
                  (B) Inclusion.--The term `specified safety 
                project' includes a project that--
                          (i) promotes public awareness and 
                        informs the public regarding highway 
                        safety matters (including safety for 
                        motorcyclists, bicyclists, pedestrians, 
                        individuals with disabilities, and 
                        other road users);
                          (ii) facilitates enforcement of 
                        traffic safety laws;
                          (iii) provides infrastructure and 
                        infrastructure-related equipment to 
                        support emergency services;
                          (iv) conducts safety-related research 
                        to evaluate experimental safety 
                        countermeasures or equipment; or
                          (v) supports safe routes to school 
                        noninfrastructure-related activities 
                        described in section 208(g)(2).
          [(10)] (12) 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).
          [(11)] (13) 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) * * *
           * * * * * * *
                  (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) includes a vulnerable road user safety 
                assessment;
                  [(G)] (H) is approved by the Governor of the 
                State or a responsible State agency;
                  [(H)] (I) is consistent with section 135(g); 
                and
                  [(I)] (J) is updated and submitted to the 
                Secretary for approval as required under 
                subsection (d)(2).
          [(12)] (14) 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.
          (15) Vulnerable road user.--The term `vulnerable road 
        user' means a nonmotorist--
                  (A) with a fatality analysis reporting system 
                person attribute code that is included in the 
                definition of the term `number of non-motorized 
                fatalities' in section 490.205 of title 23, 
                Code of Federal Regulations (or successor 
                regulations); or
                  (B) described in the term `number of non-
                motorized serious injuries' in that section.
          (16) Vulnerable road user safety assessment.--The 
        term `vulnerable road user safety assessment' means an 
        assessment of the safety performance of the State with 
        respect to vulnerable road users and the plan of the 
        State to improve the safety of vulnerable road users as 
        described in subsection (l).
           * * * * * * *
  (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)(11)] subsections (a)(13) and (d);
           * * * * * * *
          (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 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 and to 
                        differentiate the safety data for 
                        vulnerable road users, including 
                        bicyclists, motorcyclists, and 
                        pedestrians, from other road users;
                  (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,] , vulnerable road users 
                        (including motorcyclists, bicyclists, 
                        pedestrians), and other highway users;
           * * * * * * *
                  (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 (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[;]; and
                          (vi) improves the ability of the 
                        State to differentiate the fatalities 
                        and serious injuries of vulnerable road 
                        users, including bicyclists, 
                        motorcyclists, and pedestrians, from 
                        other road users;
           * * * * * * *
  (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) * * *
           * * * * * * *
          (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)(11)] subsection 
                        (a)(13); and
           * * * * * * *
  (e) Eligible Projects.--
          (1) In general.--Funds apportioned to the State under 
        section 104(b)(3) may be obligated to carry out--
                  (A) * * *
           * * * * * * *
          (3) Flexible funding for specified safety projects.--
                  (A) In general.--To advance the 
                implementation of a State strategic highway 
                safety plan, a State may use not more than 10 
                percent of the amounts apportioned to the State 
                under section 104(b)(3) for a fiscal year to 
                carry out specified safety projects.
                  (B) Rule of construction.--Nothing in this 
                paragraph requires a State to revise any State 
                process, plan, or program in effect on the date 
                of enactment of this paragraph.
                  (C) Effect of paragraph.--
                          (i) Requirements.--A project carried 
                        out under this paragraph shall be 
                        subject to all requirements under this 
                        section that apply to a highway safety 
                        improvement project.
                          (ii) Other apportioned programs.--
                        Nothing in this paragraph prohibits the 
                        use of funds made available under other 
                        provisions of this title for a 
                        specified safety project that is a 
                        noninfrastructure project.
           * * * * * * *
  (g) Special Rules.--
          (1) High-risk rural road safety.-- * * *
           * * * * * * *
          (3) Vulnerable road user safety.--If the total annual 
        fatalities of vulnerable road users in a State 
        represents not less than 15 percent of the total annual 
        crash fatalities in the State, that State shall be 
        required to obligate not less than 15 percent of the 
        amounts apportioned to the State under section 
        104(b)(3) for the following fiscal year for highway 
        safety improvement projects to address the safety of 
        vulnerable road users.
           * * * * * * *
  (l) Vulnerable Road User Safety Assessment.--
          (1) In general.--Not later than 2 years after the 
        date of enactment of this subsection, each State shall 
        complete a vulnerable road user safety assessment.
          (2) Contents.--A vulnerable road user safety 
        assessment under paragraph (1) shall include--
                  (A) a quantitative analysis of vulnerable 
                road user fatalities and serious injuries 
                that--
                          (i) includes data such as location, 
                        roadway functional classification, 
                        design speed, speed limit, and time of 
                        day;
                          (ii) considers the demographics of 
                        the locations of fatalities and serious 
                        injuries, including race, ethnicity, 
                        income, and age; and
                          (iii) based on the data, identifies 
                        areas as `high-risk' to vulnerable road 
                        users; and
                  (B) a program of projects or strategies to 
                reduce safety risks to vulnerable road users in 
                areas identified as high-risk under 
                subparagraph (A)(iii).
          (3) Use of data.--In carrying out a vulnerable road 
        user safety assessment under paragraph (1), a State 
        shall use data from the most recent 5-year period for 
        which data is available.
          (4) Requirements.--In carrying out a vulnerable road 
        user safety assessment under paragraph (1), a State 
        shall--
                  (A) take into consideration a safe system 
                approach; and
                  (B) consult with local governments, 
                metropolitan planning organizations, and 
                regional transportation planning organizations 
                that represent a high-risk area identified 
                under paragraph (2)(A)(iii).
          (5) Update.--A State shall update the vulnerable road 
        user safety assessment of the State in accordance with 
        the updates required to the State strategic highway 
        safety plan under subsection (d).
          (6) Requirement for transportation system access.--
        The program of projects developed under paragraph 
        (2)(B) may not degrade transportation system access for 
        vulnerable road users.
          (7) Guidance.--
                  (A) In general.--Not later than 1 year after 
                the date of enactment of this subsection, the 
                Secretary shall develop guidance for States to 
                carry out this subsection.
                  (B) Consultation.--In developing the guidance 
                under this paragraph, the Secretary shall 
                consult with the States and relevant safety 
                stakeholders.
           * * * * * * *
  (i) State Performance Targets.--If the Secretary determines 
that a State has not met or made significant progress toward 
meeting the safety performance targets of the State established 
under section 150(d), the State shall--
          (1) * * *
           * * * * * * *
          (2) submit annually to the Secretary, until the 
        Secretary determines that the State has met or made 
        significant progress toward meeting the safety 
        performance targets of the State, an implementation 
        plan that--
                  (A) * * *
           * * * * * * *
                  (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 safety] safety 
                performance targets of the State; and
           * * * * * * *

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.--Except as provided in [subsection 
(d)] subsections (d) and (m)(1)(B)(ii) , a State may obligate 
funds apportioned to it under section 104(b)(4) for the 
congestion mitigation and air quality improvement program 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 such section 107(d) 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--
          (1)(A)(i) if the Secretary, after consultation with 
        the Administrator determines, on the basis of 
        information published by the Environmental Protection 
        Agency pursuant to section 108(f)(1)(A) of the Clean 
        Air Act (other than clause (xvi)) that the project or 
        program is likely to contribute to--
           * * * * * * *
          (7) 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, shared micromobility 
        (including bikesharing and shared scooter systems), 
        alternative work hours, and pricing;
          (8) if the project or program is for--
                  (A) the purchase of diesel retrofits 
                replacements or that are--
                          [(i) for motor vehicles (as defined 
                        in section 216 of the Clean Air Act (42 
                        U.S.C. 7550)); or]
                          (i) verified technologies (as defined 
                        in section 791 of the Energy Policy Act 
                        of 2005 (42 U.S.C. 16131)) for motor 
                        vehicles (as defined in section 216 of 
                        the Clean Air Act (42 U.S.C. 7550)); or
                          (ii) verified technologies (as 
                        defined in section 791 of the Energy 
                        Policy Act of 2005 (42 U.S.C. 16131)) 
                        for non-road vehicles and non-road 
                        engines (as defined in section 216 of 
                        the Clean Air Act (42 U.S.C. 7550)) 
                        that are used in construction projects 
                        or port-related freight operations that 
                        are--
                                  (I) 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
                                  (II) funded, in whole or in 
                                part, under this title or 
                                chapter 53 of title 49; [or]
                  (B) 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 replacements or retrofits;
                  (C) the purchase of medium- or heavy-duty 
                zero emission vehicles and related charging 
                equipment;
          (9) if the project or program is for the installation 
        of vehicle-to-infrastructure communication equipment[.] 
        ;
          (10) if the project is for the modernization or 
        rehabilitation of a lock and dam that--
                  (A) is functionally connected to the Federal-
                aid highway system; and
                  (B) the Secretary determines is likely to 
                contribute to the attainment or maintenance of 
                a national ambient air quality standard; or
          (11) if the project is on a marine highway corridor, 
        connector, or crossing designated by the Secretary 
        under section 55601(c) of title 46 (including an inland 
        waterway corridor, connector, or crossing) that--
                  (A) is functionally connected to the Federal-
                aid highway system; and
                  (B) the Secretary determines is likely to 
                contribute to the attainment or maintenance of 
                a national ambient air quality standard.
  (c) Special Rules.--
          (1) Projects for pm-10 nonattainment areas.-- * * *
           * * * * * * *
          (4) Locks and dams; marine highways.--For each fiscal 
        year, a State may not obligate more than 10 percent of 
        the funds apportioned to the State under section 
        104(b)(4) for projects described in paragraphs (10) and 
        (11) of subsection (b).
           * * * * * * *
  (f) Partnerships With Nongovernmental Entities.--
          (1) In general.--* * *
           * * * * * * *
          (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--
                  (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 nonroad 
                vehicles and nonroad engines used in 
                construction projects or port-related freight 
                operations, and other capital investments 
                associated with the project;
           * * * * * * *
  (g) Cost-Effective Emission Reduction Guidance.--
          (1) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Administrator.--The term 
                ``Administrator'' means the Administrator of 
                the Environmental Protection Agency.
                  (B) Diesel replacement or retrofit.--[The 
                term ``diesel retrofit] The term `diesel 
                replacement or retrofit means a replacement, 
                repowering, rebuilding, after treatment, or 
                other technology, as determined by the 
                Administrator.
          (2) Emission reduction guidance.--The Administrator, 
        in consultation with the Secretary, shall publish a 
        list of diesel replacement or retrofit technologies and 
        supporting technical information for--
           * * * * * * *
          (3) 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) to projects that 
        are proven to reduce PM2.5, including diesel 
        replacements orretrofits.
           * * * * * * *
  (k) Priority for Use of Funds in PM2.5 Areas.--
          (1) In general.--For any State that has a 
        nonattainment or maintenance area for fine particulate 
        matter, an amount equal to 25 percent of the funds 
        apportioned to each State under section 104(b)(4) 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.] 
        that--
                  (A) reduce such fine particulate matter 
                emissions in such area, including diesel 
                replacements or retrofits; and
                  (B) to the extent practicable, prioritize 
                benefits to minority populations or low-income 
                populations living in, or immediately adjacent 
                to, such area.
           * * * * * * *
          (1) In general.--Each metropolitan planning 
        organization serving a transportation management area 
        (as defined in section 134) with a population over 
        1,000,000 people representing a nonattainment or 
        maintenance area shall develop a performance plan 
        that--
                  (A)* * *
           * * * * * * *
          (3) Assistance to metropolitan planning 
        organizations.--
                  (A) In general.--On the request of a 
                metropolitan planning organization, the 
                Secretary may assist the metropolitan planning 
                organization tracking progress made in minority 
                or low-income populations as part of a 
                performance plan under this subsection.
                  (B) Savings provision.--Nothing in this 
                paragraph provides the Secretary the 
                authority--
                          (i) to change the performance 
                        measures under section 150(c)(5) or the 
                        performance targets established under 
                        section 134(h)(2) or 150(d); or
                          (ii) to establish any other Federal 
                        requirement.
  [(m) Operating Assistance.--A State may obligate funds 
apportioned under section 104(b)(4) in an area of such State 
that is otherwise eligible for obligations of such funds for 
operating costs under chapter 53 of title 49 or on a system for 
which CMAQ funding was made available, obligated or expended in 
fiscal year 2012, or on a State-Supported?mtrak route 
with a valid cost-sharing agreement under section 209 of the 
Passenger Rail Investment and Improvement Act of 2008 and no 
current nonattainment areas under subsection (d), and shall 
have no imposed time limitation.]
  (m) Operating Assistance.--
          (1) In general.--A State may obligate funds 
        apportioned under section 104(b)(4) in an area of the 
        State that is otherwise eligible for obligations of 
        such funds for operating costs--
                  (A) under chapter 53 of title 49; or
                  (B) on--
                          (i) a system for which CMAQ funding 
                        was eligible, made available, 
                        obligated, or expended in fiscal year 
                        2012; or
                          (ii) a State-supported Amtrak route 
                        with a valid cost-sharing agreement 
                        under section 209 of the Passenger Rail 
                        Investment and Improvement Act of 2008 
                        (49 U.S.C. 24101 note; Public Law 110-
                        432) and no current nonattainment areas 
                        under subsection (d).
          (2) No time limitation.--Operating assistance 
        provided under paragraph (1) shall have no imposed time 
        limitation if the operating assistance is for--
                  (A) a route described in subparagraph (B)(ii) 
                of that paragraph; or
                  (B) a transit system that is located in--
                          (i) a non-urbanized area; or
                          (ii) an urbanized area with a 
                        population of 200,000 or fewer.
           * * * * * * *

Sec. 151. National electric vehicle charging and hydrogen, propane, and 
                    natural gas fueling corridors

  (a) In General.--[Not later than 1 year after the date of 
enactment of the FAST Act, the Secretary shall] The Secretary 
shall periodically designate national electric vehicle charging 
and hydrogen, propane, and natural gas fueling corridors that 
identify the near- and long-term need for, and location of, 
electric vehicle charging infrastructure, hydrogen fueling 
infrastructure, propane fueling infrastructure, and natural gas 
fueling infrastructure at strategic locations along major 
national highways [to improve the mobility[ to support changes 
in the transportation sector that help achieve a reduction in 
greenhouse gas emissions and improve the mobility of passenger 
and commercial vehicles that employ electric, hydrogen fuel 
cell, propane, and natural gas fueling technologies across the 
United States.
  (b) Designation of Corridors.--In designating the corridors 
under subsection (a), the Secretary shall--
          (1) solicit nominations from State and local 
        officials for facilities to be included in the 
        corridors;
          (2) incorporate existing electric vehicle charging, 
        hydrogen fueling, propane fueling, and natural gas 
        fueling corridors previously designated by the Federal 
        Highway Administration or designated by a State or 
        group of States; and
           * * * * * * *
  [(d) Redesignation.--Not later than 5 years after the date of 
establishment of the corridors under subsection (a), and every 
5 years thereafter, the Secretary shall update and redesignate 
the corridors.]
  (d) Redesignation.--
          (1) Initial redesignation.--Not later than 180 days 
        after the date of enactment of the Surface 
        Transportation Reauthorization Act of 2021, the 
        Secretary shall update and redesignate the corridors 
        under subsection (a).
          (2) Subsequent redesignation.--The Secretary shall 
        establish a recurring process to regularly update and 
        redesignate the corridors under subsection (a).
  (e) Report.--During designation and redesignation of the 
corridors under this section, the Secretary shall issue a 
report that--
          (1) identifies electric vehicle charging 
        infrastructure, hydrogen fueling infrastructure, 
        propane fueling infrastructure, and natural gas fueling 
        infrastructure and standardization needs for 
        electricity providers, industrial gas providers, 
        natural gas providers, infrastructure providers, 
        vehicle manufacturers, electricity purchasers, and 
        natural gas purchasers; [and]
          (2) [establishes an aspirational goal of achieving] 
        describes efforts, including through funds awarded 
        through the grant program under subsection (f), that 
        will aid efforts to achieve strategic deployment of 
        electric vehicle charging infrastructure, hydrogen 
        fueling infrastructure, propane fueling infrastructure, 
        and natural gas fueling infrastructure in those 
        corridors [by the end of fiscal year 2020.] ; and
          (3) summarizes best practices and provides guidance, 
        developed through consultation with the Secretary of 
        Energy, for project development of electric vehicle 
        charging infrastructure, hydrogen fueling 
        infrastructure, propane fueling infrastructure and 
        natural gas fueling infrastructure at the State, 
        Tribal, and local level to allow for the predictable 
        deployment of that infrastructure.
  (f) Grant Program.--
          (1) Definition of private entity.--In this 
        subsection, the term `private entity' means a 
        corporation, partnership, company, or nonprofit 
        organization.
          (2) Establishment.--Not later than 1 year after the 
        date of enactment of the Surface Transportation 
        Reauthorization Act of 2021, the Secretary shall 
        establish a grant program to award grants to eligible 
        entities to carry out the activities described in 
        paragraph (6).
          (3) Eligible entities.--An entity eligible to receive 
        a grant under this subsection is--
                  (A) a State or political subdivision of a 
                State;
                  (B) a metropolitan planning organization;
                  (C) a unit of local government;
                  (D) a special purpose district or public 
                authority with a transportation function, 
                including a port authority;
                  (E) an Indian tribe (as defined in section 4 
                of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 5304));
                  (F) a territory of the United States;
                  (G) an authority, agency, or instrumentality 
                of, or an entity owned by, 1 or more entities 
                described in subparagraphs (A) through (F); or
                  (H) a group of entities described in 
                subparagraphs (A) through (G).
          (4) Applications.--To be eligible to receive a grant 
        under this subsection, an eligible entity shall submit 
        to the Secretary an application at such time, in such 
        manner, and containing such information as the 
        Secretary shall require, including--
                  (A) a description of how the eligible entity 
                has considered--
                          (i) public accessibility of charging 
                        or fueling infrastructure proposed to 
                        be funded with a grant under this 
                        subsection, including--
                                  (I) charging or fueling 
                                connector types and publicly 
                                available information on real-
                                time availability; and
                                  (II) payment methods to 
                                ensure secure, convenient, 
                                fair, and equal access;
                          (ii) collaborative engagement with 
                        stakeholders (including automobile 
                        manufacturers, utilities, 
                        infrastructure providers, technology 
                        providers, electric charging, hydrogen, 
                        propane, and natural gas fuel 
                        providers, metropolitan planning 
                        organizations, States, Indian tribes, 
                        and units of local governments, fleet 
                        owners, fleet managers, fuel station 
                        owners and operators, labor 
                        organizations, infrastructure 
                        construction and component parts 
                        suppliers, and multi-State and regional 
                        entities)--
                                  (I) to foster enhanced, 
                                coordinated, public-private or 
                                private investment in electric 
                                vehicle charging 
                                infrastructure, hydrogen 
                                fueling infrastructure, propane 
                                fueling infrastructure, or 
                                natural gas fueling 
                                infrastructure;
                                  (II) to expand deployment of 
                                electric vehicle charging 
                                infrastructure, hydrogen 
                                fueling infrastructure, propane 
                                fueling infrastructure, or 
                                natural gas fueling 
                                infrastructure;
                                  (III) to protect personal 
                                privacy and ensure 
                                cybersecurity; and
                                  (IV) to ensure that a 
                                properly trained workforce is 
                                available to construct and 
                                install electric vehicle 
                                charging infrastructure, 
                                hydrogen fueling 
                                infrastructure, propane fueling 
                                infrastructure, or natural gas 
                                fueling infrastructure;
                          (iii) the location of the station or 
                        fueling site, such as consideration 
                        of--
                                  (I) the availability of 
                                onsite amenities for vehicle 
                                operators, such as restrooms or 
                                food facilities;
                                  (II) access in compliance 
                                with the Americans with 
                                Disabilities Act of 1990 (42 
                                U.S.C. 12101 et seq.);
                                  (III) height and fueling 
                                capacity requirements for 
                                facilities that charge or 
                                refuel large vehicles, such as 
                                semi-trailer trucks; and
                                  (IV) appropriate distribution 
                                to avoid redundancy and fill 
                                charging or fueling gaps;
                          (iv) infrastructure installation that 
                        can be responsive to technology 
                        advancements, such as accommodating 
                        autonomous vehicles, vehicle-to-grid 
                        technology, and future charging 
                        methods; and
                          (v) the long-term operation and 
                        maintenance of the electric vehicle 
                        charging infrastructure, hydrogen 
                        fueling infrastructure, propane fueling 
                        infrastructure, or natural gas fueling 
                        infrastructure, to avoid stranded 
                        assets and protect the investment of 
                        public funds in that infrastructure; 
                        and
                  (B) an assessment of the estimated emissions 
                that will be reduced through the use of 
                electric vehicle charging infrastructure, 
                hydrogen fueling infrastructure, propane 
                fueling infrastructure, or natural gas fueling 
                infrastructure, which shall be conducted using 
                the Alternative Fuel Life-Cycle Environmental 
                and Economic Transportation (AFLEET) tool 
                developed by Argonne National Laboratory (or a 
                successor tool).
          (5) Considerations.--In selecting eligible entities 
        to receive a grant under this subsection, the Secretary 
        shall--
                  (A) consider the extent to which the 
                application of the eligible entity would--
                          (i) improve alternative fueling 
                        corridor networks by--
                                  (I) converting corridor-
                                pending corridors to corridor-
                                ready corridors; or
                                  (II) in the case of corridor-
                                ready corridors, providing 
                                redundancy--
                                          (aa) to meet excess 
                                        demand for charging or 
                                        fueling infrastructure; 
                                        or
                                          (bb) to reduce 
                                        congestion at existing 
                                        charging or fueling 
                                        infrastructure in high-
                                        traffic locations;
                          (ii) meet current or anticipated 
                        market demands for charging or fueling 
                        infrastructure;
                          (iii) enable or accelerate the 
                        construction of charging or fueling 
                        infrastructure that would be unlikely 
                        to be completed without Federal 
                        assistance;
                          (iv) support a long-term competitive 
                        market for electric vehicle charging 
                        infrastructure, hydrogen fueling 
                        infrastructure, propane fueling 
                        infrastructure, or natural gas fueling 
                        infrastructure that does not 
                        significantly impair existing electric 
                        vehicle charging infrastructure, 
                        hydrogen fueling infrastructure, 
                        propane fueling infrastructure, or 
                        natural gas fueling infrastructure 
                        providers;
                          (v) provide access to electric 
                        vehicle charging infrastructure, 
                        hydrogen fueling infrastructure, 
                        propane fueling infrastructure, or 
                        natural gas fueling infrastructure in 
                        areas with a current or forecasted 
                        need; and
                          (vi) deploy electric vehicle charging 
                        infrastructure, hydrogen fueling 
                        infrastructure, propane fueling 
                        infrastructure, or natural gas fueling 
                        infrastructure for medium- and heavy-
                        duty vehicles (including along the 
                        National Highway Freight Network 
                        established under section 167(c)) and 
                        in proximity to intermodal transfer 
                        stations;
                  (B) ensure, to the maximum extent 
                practicable, geographic diversity among grant 
                recipients to ensure that electric vehicle 
                charging infrastructure, hydrogen fueling 
                infrastructure, propane fueling infrastructure, 
                or natural gas fueling infrastructure is 
                available throughout the United States;
                  (C) consider whether the private entity that 
                the eligible entity contracts with under 
                paragraph (6)--
                          (i) submits to the Secretary the most 
                        recent year of audited financial 
                        statements; and
                          (ii) has experience in installing and 
                        operating electric vehicle charging 
                        infrastructure, hydrogen fueling 
                        infrastructure, propane fueling 
                        infrastructure, or natural gas fueling 
                        infrastructure; and
                  (D) consider whether, to the maximum extent 
                practicable, the eligible entity and the 
                private entity that the eligible entity 
                contracts with under paragraph (6) enter into 
                an agreement--
                          (i) to operate and maintain publicly 
                        available electric vehicle charging 
                        infrastructure, hydrogen fueling 
                        infrastructure, propane fueling 
                        infrastructure, or natural gas 
                        infrastructure; and
                          (ii) that provides a remedy and an 
                        opportunity to cure if the requirements 
                        described in clause (i) are not met.
          (6) Use of funds.--
                  (A) In general.--An eligible entity receiving 
                a grant under this subsection shall only use 
                the funds in accordance with this paragraph to 
                contract with a private entity for acquisition 
                and installation of publicly accessible 
                electric vehicle charging infrastructure, 
                hydrogen fueling infrastructure, propane 
                fueling infrastructure, or natural gas fueling 
                infrastructure that is directly related to the 
                charging or fueling of a vehicle.
                  (B) Location of infrastructure.--Any publicly 
                accessible electric vehicle charging 
                infrastructure, hydrogen fueling 
                infrastructure, propane fueling infrastructure, 
                or natural gas fueling infrastructure acquired 
                and installed with a grant under this 
                subsection shall be located along an 
                alternative fuel corridor designated under this 
                section, on the condition that any affected 
                Indian tribes are consulted before the 
                designation.
                  (C) Operating assistance.--
                          (i) In general.--Subject to clauses 
                        (ii) and (iii), an eligible entity that 
                        receives a grant under this subsection 
                        may use a portion of the funds to 
                        provide to a private entity operating 
                        assistance for the first 5 years of 
                        operations after the installation of 
                        publicly available electric vehicle 
                        charging infrastructure, hydrogen 
                        fueling infrastructure, propane fueling 
                        infrastructure, or natural gas fueling 
                        infrastructure while the facility 
                        transitions to independent system 
                        operations.
                          (ii) Inclusions.--Operating 
                        assistance under this subparagraph 
                        shall be limited to costs allocable to 
                        operating and maintaining the electric 
                        vehicle charging infrastructure, 
                        hydrogen fueling infrastructure, 
                        propane fueling infrastructure, or 
                        natural gas fueling infrastructure and 
                        service.
                          (iii) Limitation.--Operating 
                        assistance under this subparagraph may 
                        not exceed the amount of a contract 
                        under subparagraph (A) to acquire and 
                        install publicly accessible electric 
                        vehicle charging infrastructure, 
                        hydrogen fueling infrastructure, 
                        propane fueling infrastructure, or 
                        natural gas fueling infrastructure.
                  (D) Traffic control devices.--
                          (i) In general.--Subject to this 
                        paragraph, an eligible entity that 
                        receives a grant under this subsection 
                        may use a portion of the funds to 
                        acquire and install traffic control 
                        devices located in the right-of-way to 
                        provide directional information to 
                        publicly accessible electric vehicle 
                        charging infrastructure, hydrogen 
                        fueling infrastructure, propane fueling 
                        infrastructure, or natural gas fueling 
                        infrastructure acquired, installed, or 
                        operated with the grant.
                          (ii) Applicability.--Clause (i) shall 
                        apply only to an eligible entity that--
                                  (I) receives a grant under 
                                this subsection; and
                                  (II) is using that grant for 
                                the acquisition and 
                                installation of publicly 
                                accessible electric vehicle 
                                charging infrastructure, 
                                hydrogen fueling 
                                infrastructure, propane fueling 
                                infrastructure, or natural gas 
                                fueling infrastructure.
                          (iii) Limitation on amount.--The 
                        amount of funds used to acquire and 
                        install traffic control devices under 
                        clause (i) may not exceed the amount of 
                        a contract under subparagraph (A) to 
                        acquire and install publicly accessible 
                        charging or fueling infrastructure.
                          (iv) No new authority created.--
                        Nothing in this subparagraph authorizes 
                        an eligible entity that receives a 
                        grant under this subsection to acquire 
                        and install traffic control devices if 
                        the entity is not otherwise authorized 
                        to do so.
                  (E) Revenue.--
                          (i) In general.--An eligible entity 
                        receiving a grant under this subsection 
                        and a private entity referred to in 
                        subparagraph (A) may enter into a cost-
                        sharing agreement under which the 
                        private entity submits to the eligible 
                        entity a portion of the revenue from 
                        the electric vehicle charging 
                        infrastructure, hydrogen fueling 
                        infrastructure, propane fueling 
                        infrastructure, or natural gas fueling 
                        infrastructure.
                          (ii) Uses of revenue.--An eligible 
                        entity that receives revenue from a 
                        cost-sharing agreement under clause (i) 
                        may only use that revenue for a project 
                        that is eligible under this title.
          (7) Certain fuels.--The use of grants for propane 
        fueling infrastructure under this subsection shall be 
        limited to infrastructure for medium- and heavy-duty 
        vehicles.
          (8) Community grants.--
                  (A) In general.--Notwithstanding paragraphs 
                (4), (5), and (6), the Secretary shall reserve 
                50 percent of the amounts made available each 
                fiscal year to carry out this section to 
                provide grants to eligible entities in 
                accordance with this paragraph.
                  (B) Applications.--To be eligible to receive 
                a grant under this paragraph, an eligible 
                entity shall submit to the Secretary an 
                application at such time, in such manner, and 
                containing such information as the Secretary 
                may require.
                  (C) Eligible entities.--An entity eligible to 
                receive a grant under this paragraph is--
                          (i) an entity described in paragraph 
                        (3); and
                          (ii) a State or local authority with 
                        ownership of publicly accessible 
                        transportation facilities.
                  (D) Eligible projects.--The Secretary may 
                provide a grant under this paragraph for a 
                project that is expected to reduce greenhouse 
                gas emissions and to expand or fill gaps in 
                access to publicly accessible electric vehicle 
                charging infrastructure, hydrogen fueling 
                infrastructure, propane fueling infrastructure, 
                or natural gas fueling infrastructure, 
                including--
                          (i) development phase activities, 
                        including planning, feasibility 
                        analysis, revenue forecasting, 
                        environmental review, preliminary 
                        engineering and design work, and other 
                        preconstruction activities; and
                          (ii) the acquisition and installation 
                        of electric vehicle charging 
                        infrastructure, hydrogen fueling 
                        infrastructure, propane fueling 
                        infrastructure, or natural gas fueling 
                        infrastructure that is directly related 
                        to the charging or fueling of a 
                        vehicle, including any related 
                        construction or reconstruction and the 
                        acquisition of real property directly 
                        related to the project, such as 
                        locations described in subparagraph 
                        (E), to expand access to electric 
                        vehicle charging infrastructure, 
                        hydrogen fueling infrastructure, 
                        propane fueling infrastructure, or 
                        natural gas fueling infrastructure.
                  (E) Project locations.--A project receiving a 
                grant under this paragraph may be located on 
                any public road or in other publicly accessible 
                locations, such as parking facilities at public 
                buildings, public schools, and public parks, or 
                in publicly accessible parking facilities owned 
                or managed by a private entity.
                  (F) Priority.--In providing grants under this 
                paragraph, the Secretary shall give priority to 
                projects that expand access to electric vehicle 
                charging infrastructure, hydrogen fueling 
                infrastructure, propane fueling infrastructure, 
                or natural gas fueling infrastructure within--
                          (i) rural areas;
                          (ii) low- and moderate-income 
                        neighborhoods; and
                          (iii) communities with a low ratio of 
                        private parking spaces to households or 
                        a high ratio of multiunit dwellings to 
                        single family homes, as determined by 
                        the Secretary.
                  (G) Additional considerations.--In providing 
                grants under this paragraph, the Secretary 
                shall consider the extent to which the 
                project--
                          (i) contributes to geographic 
                        diversity among eligible entities, 
                        including achieving a balance between 
                        urban and rural communities; and
                          (ii) meets current or anticipated 
                        market demands for charging or fueling 
                        infrastructure, including faster 
                        charging speeds with high-powered 
                        capabilities necessary to minimize the 
                        time to charge or refuel current and 
                        anticipated vehicles.
                  (H) Partnering with private entities.--An 
                eligible entity that receives a grant under 
                this paragraph may use the grant funds to 
                contract with a private entity for the 
                acquisition, construction, installation, 
                maintenance, or operation of electric vehicle 
                charging infrastructure, hydrogen fueling 
                infrastructure, propane fueling infrastructure, 
                or natural gas fueling infrastructure that is 
                directly related to the charging or fueling of 
                a vehicle.
                  (I) Maximum grant amount.--The amount of a 
                grant under this paragraph shall not be more 
                than $15,000,000.
                  (J) Technical assistance.--Of the amounts 
                reserved under subparagraph (A), the Secretary 
                may use not more than 1 percent to provide 
                technical assistance to eligible entities.
                  (K) Additional activities.--The recipient of 
                a grant under this paragraph may use not more 
                than 5 percent of the grant funds on 
                educational and community engagement activities 
                to develop and implement education programs 
                through partnerships with schools, community 
                organizations, and vehicle dealerships to 
                support the use of zero-emission vehicles and 
                associated infrastructure.
          (9) Requirements.--
                  (A) Project treatment.--Notwithstanding any 
                other provision of law, any project funded by a 
                grant under this subsection shall be treated as 
                a project on a Federal-aid highway under this 
                chapter.
                  (B) Signs.--Any traffic control device or on-
                premises sign acquired, installed, or operated 
                with a grant under this subsection shall comply 
                with--
                          (i) the Manual on Uniform Traffic 
                        Control Devices, if located in the 
                        right-of-way; and
                          (ii) other provisions of Federal, 
                        State, and local law, as applicable.
          (10) Federal share.--
                  (A) In general.--The Federal share of the 
                cost of a project carried out with a grant 
                under this subsection shall not exceed 80 
                percent of the total project cost.
                  (B) Responsibility of private entity.--As a 
                condition of contracting with an eligible 
                entity under paragraph (6) or (8), a private 
                entity shall agree to pay the share of the cost 
                of a project carried out with a grant under 
                this subsection that is not paid by the Federal 
                Government under subparagraph (A).
          (11) Report.--Not later than 3 years after the date 
        of enactment of this subsection, 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 and make 
        publicly available a report on the progress and 
        implementation of this subsection.
           * * * * * * *

Sec. 154. Open container requirements

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) * * *
           * * * * * * *
  (c) Transfer of Funds.--
          (1) Fiscal years 2001 and 2002.--* * *
           * * * * * * *
          (2) Fiscal year [2012] 2022 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).]
                  (A) Reservation of funds.--
                          (i) In general.--On October 1, 2021, 
                        and each October 1 thereafter, in the 
                        case of a State described in clause 
                        (ii), 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).
                          (ii) States described.--A State 
                        referred to in clause (i) is a State--
                                  (I) that has not enacted or 
                                is not enforcing an open 
                                container law described in 
                                subsection (b); and
                                  (II) for which the Secretary 
                                determined for the prior fiscal 
                                year that the State had not 
                                enacted or was not enforcing an 
                                open container law described in 
                                subsection (b).
          
                  (B) Transfer of funds.--As soon as 
                practicable after the date of receipt of a 
                certification from a State under [subparagraph 
                (A)] subparagraph (A)(i), 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).
           * * * * * * *

Sec. 156. Proceeds from the sale or lease of real property

  (a) Minimum Charge.--* * *
           * * * * * * *

Sec. 157. National Environmental Policy Act of 1969 reporting program

  (a) Definitions.--In this section:
          (1) Categorical exclusion.--The term `categorical 
        exclusion' has the meaning given the term in section 
        771.117(c) of title 23, Code of Federal Regulations (or 
        a successor regulation).
          (2) Documented categorical exclusion.--The term 
        `documented categorical exclusion' has the meaning 
        given the term in section 771.117(d) of title 23, Code 
        of Federal Regulations (or a successor regulation).
          (3) Environmental assessment.--The term 
        `environmental assessment' has the meaning given the 
        term in section 1508.1 of title 40, Code of Federal 
        Regulations (or a successor regulation).
          (4) Environmental impact statement.--The term 
        `environmental impact statement' means a detailed 
        statement required under section 102(2)(C) of the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4332(2)(C)).
          (5) Federal agency.--The term `Federal agency' 
        includes a State that has assumed responsibility under 
        section 327.
          (6) NEPA process.--The term `NEPA process' means the 
        entirety of the development and documentation of the 
        analysis required under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.), including 
        the assessment and analysis of any impacts, 
        alternatives, and mitigation of a proposed action, and 
        any interagency participation and public involvement 
        required to be carried out before the Secretary 
        undertakes a proposed action.
          (7) Proposed action.--The term `proposed action' 
        means an action (within the meaning of the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.)) under this title that the Secretary proposes to 
        carry out.
          (8) Reporting period.--The term `reporting period' 
        means the fiscal year prior to the fiscal year in which 
        a report is issued under subsection (b).
          (9) Secretary.--The term `Secretary' includes the 
        governor or head of an applicable State agency of a 
        State that has assumed responsibility under section 
        327.
  (b) Report on NEPA Data.--
          (1) In general.--The Secretary shall carry out a 
        process to track, and annually 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 containing, the 
        information described in paragraph (3).
          (2) Time to complete.--For purposes of paragraph (3), 
        the NEPA process--
                  (A) for an environmental impact statement--
                          (i) begins on the date on which the 
                        Notice of Intent is published in the 
                        Federal Register; and
                          (ii) ends on the date on which the 
                        Secretary issues a record of decision, 
                        including, if necessary, a revised 
                        record of decision; and
                  (B) for an environmental assessment--
                          (i) begins on the date on which the 
                        Secretary makes a determination to 
                        prepare an environmental assessment; 
                        and
                          (ii) ends on the date on which the 
                        Secretary issues a finding of no 
                        significant impact or determines that 
                        preparation of an environmental impact 
                        statement is necessary.
          (3) Information described.--The information referred 
        to in paragraph (1) is, with respect to the Department 
        of Transportation--
                  (A) the number of proposed actions for which 
                a categorical exclusion was issued during the 
                reporting period;
                  (B) the number of proposed actions for which 
                a documented categorical exclusion was issued 
                by the Department of Transportation during the 
                reporting period;
                  (C) the number of proposed actions pending on 
                the date on which the report is submitted for 
                which the issuance of a documented categorical 
                exclusion by the Department of Transportation 
                is pending;
                  (D) the number of proposed actions for which 
                an environmental assessment was issued by the 
                Department of Transportation during the 
                reporting period;
                  (E) the length of time the Department of 
                Transportation took to complete each 
                environmental assessment described in 
                subparagraph (D);
                  (F) the number of proposed actions pending on 
                the date on which the report is submitted for 
                which an environmental assessment is being 
                drafted by the Department of Transportation;
                  (G) the number of proposed actions for which 
                an environmental impact statement was completed 
                by the Department of Transportation during the 
                reporting period;
                  (H) the length of time that the Department of 
                Transportation took to complete each 
                environmental impact statement described in 
                subparagraph (G);
                  (I) the number of proposed actions pending on 
                the date on which the report is submitted for 
                which an environmental impact statement is 
                being drafted; and
                  (J) for the proposed actions reported under 
                subparagraphs (F) and (I), the percentage of 
                those proposed actions for which--
                          (i) funding has been identified; and
                          (ii) all other Federal, State, and 
                        local activities that are required to 
                        allow the proposed action to proceed 
                        are completed.
           * * * * * * *

Sec. 164. Minimum penalties for repeat offenders for driving while 
                    intoxicated or driving under the influence

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) 24-7 sobriety program.--* * *
           * * * * * * *
  (b) Transfer of Funds.--
          (1) Fiscal years 2001 and 2002.--* * *
           * * * * * * *
          (2) Fiscal year [2012] 2022] 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 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 States will 
                use those reserved funds among the uses 
                authorized under subparagraphs (A) and (B) of 
                paragraph (1), and paragraph (3).]
                  (A) Reservation of funds.--
                          (i) In general.--On October 1, 2021, 
                        and each October 1 thereafter, in the 
                        case of a State described in clause 
                        (ii), 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).
                          (ii) States described.--A State 
                        referred to in clause (i) is a State--
                                  (I) that has not enacted or 
                                is not enforcing a repeat 
                                intoxicated driver law; and
                                  (II) for which the Secretary 
                                determined for the prior fiscal 
                                year that the State had not 
                                enacted or was not enforcing a 
                                repeat intoxicated driver law.
                  (B) Transfer of funds.--As soon as 
                practicable after the date of receipt of a 
                certification from a State under [subparagraph 
                (A)] subparagraph (A)(i), the Secretary shall--
           * * * * * * *

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) $158,000,000 shall be for the Puerto Rico 
        highway program under subsection (b); and
          [(2) $42,000,000 shall be for the territorial highway 
        program under subsection (c).]
          (1) for the Puerto Rico highway program under 
        subsection (b)--
                  (A) $173,010,000 shall be for fiscal year 
                2022;
                  (B) $176,960,000 shall be for fiscal year 
                2023;
                  (C) $180,120,000 shall be for fiscal year 
                2024;
                  (D) $183,675,000 shall be for fiscal year 
                2025; and
                  (E) $187,230,000 shall be for fiscal year 
                2026; and
          (2) for the territorial highway program under 
        subsection (c)--
                  (A) $45,990,000 shall be for fiscal year 
                2022;
                  (B) $47,040,000 shall be for fiscal year 
                2023;
                  (C) $47,880,000 shall be for fiscal year 
                2024;
                  (D) $48,825,000 shall be for fiscal year 
                2025; and
                  (E) $49,770,000 shall be for fiscal year 
                2026.
  (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.--
           * * * * * * *
                  (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 1and preventative maintenance 
                        on the National Highway System.
           * * * * * * *
  (c) Territorial Highway Program.--
          (1) Territory defined.--In this subsection, the term 
        ``territory'' means any of the following territories of 
        the United States:
                  (A) * * *
           * * * * * * *
          (7) Location of projects.--Territorial highway 
        program projects (other than those described in 
        [paragraphs (1) through (4) of section 133(c) and 
        section 133(b)(12))] paragraphs (1), (2), (3), and (5) 
        of section 133(c) and section 133(b)(13) may not be 
        undertaken on roads functionally classified as local.
           * * * * * * *

Sec. 166. HOV facilities

  (a) In General.--
          [(1) Authority of public authorities.--A public 
        authority]
          (1) Authority of public authorities.--A public 
        authority.
  (l) Section 201(c)(6)(A)(ii) of title 23, United States Code, 
is amended by striking ``(25 U.S.C. 450 et seq.) and inserting 
``(25 U.S.C. 5301 et seq.)'that has jurisdiction over the 
operation of a HOV facility shall establish the occupancy 
requirements of vehicles operating on the facility.
           * * * * * * *
  (b) Exceptions.--
          (1) In general.-- * * *
           * * * * * * *
          (5) Low emission and energy-efficient vehicles.--
                  (A) Special rule.-- * * *
           * * * * * * *
          (6) Blood transport vehicles.--The public authority 
        may allow blood transport vehicles that are 
        transporting blood between a collection point and a 
        hospital or storage center to use the HOV facility if 
        the public authority establishes requirements for 
        clearly identifying such vehicles.
           * * * * * * *

Sec. 167. National highway freight program

  (a) In General.--
          (1) Policy.-- * * *
           * * * * * * *
  (e) Critical Rural Freight Corridors.--
          (1) In general.--A State may designate a public road 
        within the borders of the State as a critical rural 
        freight corridor if the public road is not in an 
        urbanized area and--
                  (A) * * *
           * * * * * * *
          (2) Limitation.--A State may designate as critical 
        rural freight corridors a maximum of [150 miles] 300 
        miles of highway or 20 percent of the primary highway 
        freight system mileage in the State, whichever is 
        greater.
          (3) Rural states.--Notwithstanding paragraph (2), a 
        State with a population per square mile of area that is 
        less than the national average, based on the 2010 
        census, may designate as critical rural freight 
        corridors a maximum of 600 miles of highway or 25 
        percent of the primary highway freight system mileage 
        in the State, whichever is greater.
  (f) Critical Urban Freight Corridors.--
          (1) Urbanized area with population of 500,000 or 
        more.-- * * *
           * * * * * * *
          (4) Limitation.--For each State, a maximum of [75 
        miles] 150 miles of highway or 10 percent of the 
        primary highway freight system mileage in the State, 
        whichever is greater, may be designated as a critical 
        urban freight corridor under paragraphs (1) and (2).
           * * * * * * *
  [(h) Highway Freight Transportation Conditions and 
Performance Reports.--Not later than 2 years after the date of 
enactment of the FAST Act, and biennially thereafter, the 
Administrator shall prepare and submit to Congress a report 
that describes the conditions and performance of the National 
Highway Freight Network in the United States.]
  [(i)] (h) Use of Apportioned Funds.--
          (1) In general.-- * * *
           * * * * * * *
          (5) Eligibility.--
                  (A) In general.-- * * *
           * * * * * * *
                  (B) Other projects.--For each fiscal year, a 
                State may obligate not more than [10 percent] 
                30 percent of the total apportionment of the 
                State under section 104(b)(5) for freight 
                intermodal or freight rail projects, including 
                projects--
                          (i) within the boundaries of public 
                        or private freight rail or water 
                        facilities (including ports); [and]
                          (ii) that provide surface 
                        transportation infrastructure necessary 
                        to facilitate direct intermodal 
                        interchange, transfer, and access into 
                        or out of the facility[.] ;
                          (iii) for the modernization or 
                        rehabilitation of a lock and dam, if 
                        the Secretary determines that the 
                        project--
                                  (I) is functionally connected 
                                to the National Highway Freight 
                                Network; and
                                  (II) is likely to reduce on-
                                road mobile source emissions; 
                                and
                          (iv) on a marine highway corridor, 
                        connector, or crossing designated by 
                        the Secretary under section 55601(c) of 
                        title 46 (including an inland waterway 
                        corridor, connector, or crossing), if 
                        the Secretary determines that the 
                        project--
                                  (I) is functionally connected 
                                to the National Highway Freight 
                                Network; and
                                  (II) is likely to reduce on-
                                road mobile source emissions.
           * * * * * * *
  [(j)] (i) State Performance Targets.-- * * *
           * * * * * * *
  [(k)] (j) Intelligent Freight Transportation System.--
          (1) * * *
           * * * * * * *
  [(l)] (k) Treatment of Freight Projects.--Notwithstanding any 
other provision of law, a freight project carried out under 
this section shall be treated as if the project were on a 
Federal-aid highway.
           * * * * * * *

Sec. 170. Funding flexibility for transportation emergencies

  (a) In General.-- * * *
           * * * * * * *

Sec. 171. Wildlife crossings pilot program

  (a) Finding.--Congress finds that greater adoption of 
wildlife-vehicle collision safety countermeasures is in the 
public interest because--
          (1) according to the report of the Federal Highway 
        Administration entitled `Wildlife-Vehicle Collision 
        Reduction Study', there are more than 1,000,000 
        wildlife-vehicle collisions every year;
          (2) wildlife-vehicle collisions--
                  (A) present a danger to--
                          (i) human safety; and
                          (ii) wildlife survival; and
                  (B) represent a persistent concern that 
                results in tens of thousands of serious 
                injuries and hundreds of fatalities on the 
                roadways of the United States; and
          (3) the total annual cost associated with wildlife-
        vehicle collisions has been estimated to be 
        $8,388,000,000; and
          (4) wildlife-vehicle collisions are a major threat to 
        the survival of species, including birds, reptiles, 
        mammals, and amphibians.
  (b) Establishment.--The Secretary shall establish a 
competitive wildlife crossings pilot program (referred to in 
this section as the `pilot program') to provide grants for 
projects that seek to achieve--
          (1) a reduction in the number of wildlife-vehicle 
        collisions; and
          (2) in carrying out the purpose described in 
        paragraph (1), improved habitat connectivity for 
        terrestrial and aquatic species.
  (c) Eligible Entities.--An entity eligible to apply for a 
grant under the pilot program is--
          (1) a State highway agency, or an equivalent of that 
        agency;
          (2) a metropolitan planning organization (as defined 
        in section 134(b));
          (3) a unit of local government;
          (4) a regional transportation authority;
          (5) a special purpose district or public authority 
        with a transportation function, including a port 
        authority;
          (6) an Indian tribe (as defined in section 
        207(m)(1)), including a Native village and a Native 
        Corporation (as those terms are defined in section 3 of 
        the Alaska Native Claims Settlement Act (43 U.S.C. 
        1602));
          (7) a Federal land management agency; or
          (8) a group of any of the entities described in 
        paragraphs (1) through (7).
  (d) Applications.--
          (1) In general.--To be eligible to receive a grant 
        under the pilot program, an eligible entity shall 
        submit to the Secretary an application at such time, in 
        such manner, and containing such information as the 
        Secretary may require.
          (2) Requirement.--If an application under paragraph 
        (1) is submitted by an eligible entity other than an 
        eligible entity described in paragraph (1) or (7) of 
        subsection (c), the application shall include 
        documentation that the State highway agency, or an 
        equivalent of that agency, of the State in which the 
        eligible entity is located was consulted during the 
        development of the application.
          (3) Guidance.--To enhance consideration of current 
        and reliable data, eligible entities may obtain 
        guidance from an agency in the State with jurisdiction 
        over fish and wildlife.
  (e) Considerations.--In selecting grant recipients under the 
pilot program, the Secretary shall take into consideration the 
following:
          (1) Primarily, the extent to which the proposed 
        project of an eligible entity is likely to protect 
        motorists and wildlife by reducing the number of 
        wildlife-vehicle collisions and improve habitat 
        connectivity for terrestrial and aquatic species.
          (2) Secondarily, the extent to which the proposed 
        project of an eligible entity is likely to accomplish 
        the following:
                  (A) Leveraging Federal investment by 
                encouraging non-Federal contributions to the 
                project, including projects from public-private 
                partnerships.
                  (B) Supporting local economic development and 
                improvement of visitation opportunities.
                  (C) Incorporation of innovative technologies, 
                including advanced design techniques and other 
                strategies to enhance efficiency and 
                effectiveness in reducing wildlife-vehicle 
                collisions and improving habitat connectivity 
                for terrestrial and aquatic species.
                  (D) Provision of educational and outreach 
                opportunities.
                  (E) Monitoring and research to evaluate, 
                compare effectiveness of, and identify best 
                practices in, selected projects.
                  (F) Any other criteria relevant to reducing 
                the number of wildlife-vehicle collisions and 
                improving habitat connectivity for terrestrial 
                and aquatic species, as the Secretary 
                determines to be appropriate, subject to the 
                condition that the implementation of the pilot 
                program shall not be delayed in the absence of 
                action by the Secretary to identify additional 
                criteria under this subparagraph.
  (f) Use of Funds.--
          (1) In general.--The Secretary shall ensure that a 
        grant received under the pilot program is used for a 
        project to reduce wildlife-vehicle collisions.
          (2) Grant administration.--
                  (A) In general.--A grant received under the 
                pilot program shall be administered by--
                          (i) in the case of a grant to a 
                        Federal land management agency or an 
                        Indian tribe (as defined in section 
                        207(m)(1), including a Native village 
                        and a Native Corporation (as those 
                        terms are defined in section 3 of the 
                        Alaska Native Claims Settlement Act (43 
                        U.S.C. 1602))), the Federal Highway 
                        Administration, through an agreement; 
                        and
                          (ii) in the case of a grant to an 
                        eligible entity other than an eligible 
                        entity described in clause (i), the 
                        State highway agency, or an equivalent 
                        of that agency, for the State in which 
                        the project is to be carried out.
                  (B) Partnerships.--
                          (i) In general.--A grant received 
                        under the pilot program may be used to 
                        provide funds to eligible partners of 
                        the project for which the grant was 
                        received described in clause (ii), in 
                        accordance with the terms of the 
                        project agreement.
                          (ii) Eligible partners described.--
                        The eligible partners referred to in 
                        clause (i) include--
                                  (I) a metropolitan planning 
                                organization (as defined in 
                                section 134(b));
                                  (II) a unit of local 
                                government;
                                  (III) a regional 
                                transportation authority;
                                  (IV) a special purpose 
                                district or public authority 
                                with a transportation function, 
                                including a port authority;
                                  (V) an Indian tribe (as 
                                defined in section 207(m)(1)), 
                                including a Native village and 
                                a Native Corporation (as those 
                                terms are defined in section 3 
                                of the Alaska Native Claims 
                                Settlement Act (43 U.S.C. 
                                1602));
                                  (VI) a Federal land 
                                management agency;
                                  (VII) a foundation, 
                                nongovernmental organization, 
                                or institution of higher 
                                education;
                                  (VIII) a Federal, Tribal, 
                                regional, or State government 
                                entity; and
                                  (IX) a group of any of the 
                                entities described in 
                                subclauses (I) through (VIII).
          (3) Compliance.--An eligible entity that receives a 
        grant under the pilot program and enters into a 
        partnership described in paragraph (2) shall establish 
        measures to verify that an eligible partner that 
        receives funds from the grant complies with the 
        conditions of the pilot program in using those funds.
  (g) Requirement.--The Secretary shall ensure that not less 
than 60 percent of the amounts made available for grants under 
the pilot program each fiscal year are for projects located in 
rural areas.
  (h) Annual Report to Congress.--
          (1) In general.--Not later than December 31 of each 
        calendar year, the Secretary shall submit to Congress, 
        and make publicly available, a report describing the 
        activities under the pilot program for the fiscal year 
        that ends during that calendar year.
          (2) Contents.--The report under paragraph (1) shall 
        include--
                  (A) a detailed description of the activities 
                carried out under the pilot program;
                  (B) an evaluation of the effectiveness of the 
                pilot program in meeting the purposes described 
                in subsection (b); and
                  (C) policy recommendations to improve the 
                effectiveness of the pilot program.

Sec. 172. Wildlife-vehicle collision reduction and habitat connectivity 
                    improvement

  (a) Study.--
          (1) In general.--The Secretary shall conduct a study 
        (referred to in this subsection as the `study') of the 
        state, as of the date of the study, of the practice of 
        methods to reduce collisions between motorists and 
        wildlife (referred to in this section as `wildlife-
        vehicle collisions').
          (2) Contents.--
                  (A) Areas of study.--The study shall--
                          (i) update and expand on, as 
                        appropriate--
                                  (I) the report entitled 
                                `Wildlife Vehicle Collision 
                                Reduction Study: 2008 Report to 
                                Congress'; and
                                  (II) the document entitled 
                                `Wildlife Vehicle Collision 
                                Reduction Study: Best Practices 
                                Manual' and dated October 2008; 
                                and
                          (ii) include--
                                  (I) an assessment, as of the 
                                date of the study, of--
                                          (aa) the causes of 
                                        wildlife-vehicle 
                                        collisions;
                                          (bb) the impact of 
                                        wildlife-vehicle 
                                        collisions on motorists 
                                        and wildlife; and
                                          (cc) the impacts of 
                                        roads and traffic on 
                                        habitat connectivity 
                                        for terrestrial and 
                                        aquatic species; and
                                  (II) solutions and best 
                                practices for--
                                          (aa) reducing 
                                        wildlife-vehicle 
                                        collisions; and
                                          (bb) improving 
                                        habitat connectivity 
                                        for terrestrial and 
                                        aquatic species.
                  (B) Methods.--In carrying out the study, the 
                Secretary shall--
                          (i) conduct a thorough review of 
                        research and data relating to--
                                  (I) wildlife-vehicle 
                                collisions; and
                                  (II) habitat fragmentation 
                                that results from 
                                transportation infrastructure;
                          (ii) survey current practices of the 
                        Department of Transportation and State 
                        departments of transportation to reduce 
                        wildlife-vehicle collisions; and
                          (iii) consult with--
                                  (I) appropriate experts in 
                                the field of wildlife-vehicle 
                                collisions; and
                                  (II) appropriate experts on 
                                the effects of roads and 
                                traffic on habitat connectivity 
                                for terrestrial and aquatic 
                                species.
          (3) Report.--
                  (A) In general.--Not later than 18 months 
                after the date of enactment of the Surface 
                Transportation Reauthorization Act of 2021, the 
                Secretary shall submit to Congress a report on 
                the results of the study.
                  (B) Contents.--The report under subparagraph 
                (A) shall include--
                          (i) a description of--
                                  (I) the causes of wildlife-
                                vehicle collisions;
                                  (II) the impacts of wildlife-
                                vehicle collisions; and
                                  (III) the impacts of roads 
                                and traffic on--
                                          (aa) species listed 
                                        as threatened species 
                                        or endangered species 
                                        under the Endangered 
                                        Species Act of 1973 (16 
                                        U.S.C. 1531 et seq.);
                                          (bb) species 
                                        identified by States as 
                                        species of greatest 
                                        conservation need;
                                          (cc) species 
                                        identified in State 
                                        wildlife plans; and
                                          (dd) medium and small 
                                        terrestrial and aquatic 
                                        species;
                          (ii) an economic evaluation of the 
                        costs and benefits of installing 
                        highway infrastructure and other 
                        measures to mitigate damage to 
                        terrestrial and aquatic species, 
                        including the effect on jobs, property 
                        values, and economic growth to society, 
                        adjacent communities, and landowners;
                          (iii) recommendations for preventing 
                        wildlife-vehicle collisions, including 
                        recommended best practices, funding 
                        resources, or other recommendations for 
                        addressing wildlife-vehicle collisions; 
                        and
                          (iv) guidance, developed in 
                        consultation with Federal land 
                        management agencies and State 
                        departments of transportation, State 
                        fish and wildlife agencies, and Tribal 
                        governments that agree to participate, 
                        for developing, for each State that 
                        agrees to participate, a voluntary 
                        joint statewide transportation and 
                        wildlife action plan--
                                  (I) to address wildlife-
                                vehicle collisions; and
                                  (II) to improve habitat 
                                connectivity for terrestrial 
                                and aquatic species.
  (b) Workforce Development and Technical Training.--
          (1) In general.--Not later than 3 years after the 
        date of enactment of the Surface Transportation 
        Reauthorization Act of 2021, the Secretary shall, based 
        on the study conducted under subsection (a), develop a 
        series of in-person and online workforce development 
        and technical training courses--
                  (A) to reduce wildlife-vehicle collisions; 
                and
                  (B) to improve habitat connectivity for 
                terrestrial and aquatic species.
          (2) Availability.--The Secretary shall--
                  (A) make the series of courses developed 
                under paragraph (1) available for 
                transportation and fish and wildlife 
                professionals; and
                  (B) update the series of courses not less 
                frequently than once every 2 years.
  (c) Standardization of Wildlife Collision and Carcass Data.--
          (1) Standardized methodology.--
                  (A) In general.--The Secretary, acting 
                through the Administrator of the Federal 
                Highway Administration (referred to in this 
                subsection as the `Secretary'), shall develop a 
                quality standardized methodology for collecting 
                and reporting spatially accurate wildlife 
                collision and carcass data for the National 
                Highway System, considering the practicability 
                of the methodology with respect to technology 
                and cost.
                  (B) Methodology.--In developing the 
                standardized methodology under subparagraph 
                (A), the Secretary shall--
                          (i) survey existing methodologies and 
                        sources of data collection, including 
                        the Fatality Analysis Reporting System, 
                        the General Estimates System of the 
                        National Automotive Sampling System, 
                        and the Highway Safety Information 
                        System; and
                          (ii) to the extent practicable, 
                        identify and correct limitations of 
                        those existing methodologies and 
                        sources of data collection.
                  (C) Consultation.--In developing the 
                standardized methodology under subparagraph 
                (A), the Secretary shall consult with--
                          (i) the Secretary of the Interior;
                          (ii) the Secretary of Agriculture, 
                        acting through the Chief of the Forest 
                        Service;
                          (iii) Tribal, State, and local 
                        transportation and wildlife 
                        authorities;
                          (iv) metropolitan planning 
                        organizations (as defined in section 
                        134(b));
                          (v) members of the American 
                        Association of State Highway 
                        Transportation Officials;
                          (vi) members of the Association of 
                        Fish and Wildlife Agencies;
                          (vii) experts in the field of 
                        wildlife-vehicle collisions;
                          (viii) nongovernmental organizations; 
                        and
                          (ix) other interested stakeholders, 
                        as appropriate.
          (2) Standardized national data system with voluntary 
        template implementation.--The Secretary shall--
                  (A) develop a template for State 
                implementation of a standardized national 
                wildlife collision and carcass data system for 
                the National Highway System that is based on 
                the standardized methodology developed under 
                paragraph (1); and
                  (B) encourage the voluntary implementation of 
                the template developed under subparagraph (A).
          (3) Reports.--
                  (A) Methodology.--The Secretary shall submit 
                to Congress a report describing the 
                standardized methodology developed under 
                paragraph (1) not later than the later of--
                          (i) the date that is 18 months after 
                        the date of enactment of the Surface 
                        Transportation Reauthorization Act of 
                        2021; and
                          (ii) the date that is 180 days after 
                        the date on which the Secretary 
                        completes the development of the 
                        standardized methodology.
                  (B) Implementation.--Not later than 4 years 
                after the date of enactment of the Surface 
                Transportation Reauthorization Act of 2021, the 
                Secretary shall submit to Congress a report 
                describing--
                          (i) the status of the voluntary 
                        implementation of the standardized 
                        methodology developed under paragraph 
                        (1) and the template developed under 
                        paragraph (2)(A);
                          (ii) whether the implementation of 
                        the standardized methodology developed 
                        under paragraph (1) and the template 
                        developed under paragraph (2)(A) has 
                        impacted efforts by States, units of 
                        local government, and other entities--
                                  (I) to reduce the number of 
                                wildlife-vehicle collisions; 
                                and
                                  (II) to improve habitat 
                                connectivity;
                          (iii) the degree of the impact 
                        described in clause (ii); and
                          (iv) the recommendations of the 
                        Secretary, including recommendations 
                        for further study aimed at reducing 
                        motorist collisions involving wildlife 
                        and improving habitat connectivity for 
                        terrestrial and aquatic species on the 
                        National Highway System, if any.
  (d) National Threshold Guidance.--The Secretary shall--
          (1) establish guidance, to be carried out by States 
        on a voluntary basis, that contains a threshold for 
        determining whether a highway shall be evaluated for 
        potential mitigation measures to reduce wildlife-
        vehicle collisions and increase habitat connectivity 
        for terrestrial and aquatic species, taking into 
        consideration--
                  (A) the number of wildlife-vehicle collisions 
                on the highway that pose a human safety risk;
                  (B) highway-related mortality and the effects 
                of traffic on the highway on--
                          (i) species listed as endangered 
                        species or threatened species under the 
                        Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.);
                          (ii) species identified by a State as 
                        species of greatest conservation need;
                          (iii) species identified in State 
                        wildlife plans; and
                          (iv) medium and small terrestrial and 
                        aquatic species; and
                  (C) habitat connectivity values for 
                terrestrial and aquatic species and the barrier 
                effect of the highway on the movements and 
                migrations of those species.

Sec. 173. Rural surface transportation grant program

  (a) Definitions.--In this section:
          (1) Program.--The term `program' means the program 
        established under subsection (b)(1).
          (2) Rural area.--The term `rural area' means an area 
        that is outside an urbanized area with a population of 
        over 200,000.
  (b) Establishment.--
          (1) In general.--The Secretary shall establish a 
        rural surface transportation grant program to provide 
        grants, on a competitive basis, to eligible entities to 
        improve and expand the surface transportation 
        infrastructure in rural areas.
          (2) Goals.--The goals of the program shall be--
                  (A) to increase connectivity;
                  (B) to improve the safety and reliability of 
                the movement of people and freight; and
                  (C) to generate regional economic growth and 
                improve quality of life.
          (3) Grant administration.--The Secretary may--
                  (A) retain not more than a total of 2 percent 
                of the funds made available to carry out the 
                program and to review applications for grants 
                under the program; and
                  (B) transfer portions of the funds retained 
                under subparagraph (A) to the relevant 
                Administrators to fund the award and oversight 
                of grants provided under the program.
  (c) Eligible Entities.--The Secretary may make a grant under 
the program to--
          (1) a State;
          (2) a regional transportation planning organization;
          (3) a unit of local government;
          (4) a Tribal government or a consortium of Tribal 
        governments; and
          (5) a multijurisdictional group of entities described 
        in paragraphs (1) through (4).
  (d) Applications.--To be eligible to receive a grant under 
the program, an eligible entity shall submit to the Secretary 
an application in such form, at such time, and containing such 
information as the Secretary may require.
  (e) Eligible Projects.--
          (1) In general.--Except as provided in paragraph (2), 
        the Secretary may make a grant under the program only 
        for a project that is--
                  (A) a highway, bridge, or tunnel project 
                eligible under section 119(d);
                  (B) a highway, bridge, or tunnel project 
                eligible under section 133(b);
                  (C) a project eligible under section 202(a);
                  (D) a highway freight project eligible under 
                section 167(h)(5);
                  (E) a highway safety improvement project, 
                including a project to improve a high risk 
                rural road (as those terms are defined in 
                section 148(a));
                  (F) a project on a publicly-owned highway or 
                bridge that provides or increases access to an 
                agricultural, commercial, energy, or intermodal 
                facility that supports the economy of a rural 
                area; or
                  (G) a project to develop, establish, or 
                maintain an integrated mobility management 
                system, a transportation demand management 
                system, or on-demand mobility services.
          (2) Bundling of eligible projects.--
                  (A) In general.--An eligible entity may 
                bundle 2 or more similar eligible projects 
                under the program that are--
                          (i) included as a bundled project in 
                        a statewide transportation improvement 
                        program under section 135; and
                          (ii) awarded to a single contractor 
                        or consultant pursuant to a contract 
                        for engineering and design or 
                        construction between the contractor and 
                        the eligible entity.
                  (B) Itemization.--Notwithstanding any other 
                provision of law (including regulations), a 
                bundling of eligible projects under this 
                paragraph may be considered to be a single 
                project, including for purposes of section 135.
  (f) Eligible Project Costs.--An eligible entity may use funds 
from a grant under the program for--
          (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, 
        environmental review, preliminary engineering and 
        design work, and other preconstruction activities; and
          (2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to 
        the project and improvements to the land), 
        environmental mitigation, construction contingencies, 
        acquisition of equipment, and operational improvements.
  (g) Project Requirements.--The Secretary may provide a grant 
under the program to an eligible project only if the Secretary 
determines that the project--
          (1) will generate regional economic, mobility, or 
        safety benefits;
          (2) will be cost effective;
          (3) will contribute to the accomplishment of 1 or 
        more of the national goals under section 150;
          (4) is based on the results of preliminary 
        engineering; and
          (5) is reasonably expected to begin construction not 
        later than 18 months after the date of obligation of 
        funds for the project.
  (h) Additional Considerations.--In providing grants under the 
program, the Secretary shall consider the extent to which an 
eligible project will--
          (1) improve the state of good repair of existing 
        highway, bridge, and tunnel facilities;
          (2) increase the capacity or connectivity of the 
        surface transportation system and improve mobility for 
        residents of rural areas;
          (3) address economic development and job creation 
        challenges, including energy sector job losses in 
        energy communities as identified in the report released 
        in April 2021 by the interagency working group 
        established by section 218 of Executive Order 14008 (86 
        Fed. Reg. 7628 (February 1, 2021));
          (4) enhance recreational and tourism opportunities by 
        providing access to Federal land, national parks, 
        national forests, national recreation areas, national 
        wildlife refuges, wilderness areas, or State parks;
          (5) contribute to geographic diversity among grant 
        recipients;
          (6) utilize innovative project delivery approaches or 
        incorporate transportation technologies;
          (7) coordinate with projects to address broadband 
        infrastructure needs; or
          (8) improve access to emergency care, essential 
        services, healthcare providers, or drug and alcohol 
        treatment and rehabilitation resources.
  (i) Grant Amount.--Except as provided in subsection (k)(1), a 
grant under the program shall be in an amount that is not less 
than $25,000,000.
  (j) Federal Share.--
          (1) In general.--Except as provided in paragraph (2), 
        the Federal share of the cost of a project carried out 
        with a grant under the program may not exceed 80 
        percent.
          (2) Federal share for certain projects.--The Federal 
        share of the cost of an eligible project that furthers 
        the completion of a designated segment of the 
        Appalachian Development Highway System under section 
        14501 of title 40, or addresses a surface 
        transportation infrastructure need identified for the 
        Denali access system program under section 309 of the 
        Denali Commission Act of 1998 (42 U.S.C. 3121 note; 
        Public Law 105-277) shall be up to 100 percent, as 
        determined by the State.
          (3) Use of other federal assistance.--Federal 
        assistance other than a grant under the program may be 
        used to satisfy the non-Federal share of the cost of a 
        project carried out with a grant under the program.
  (k) Set Asides.--
          (1) Small projects.--The Secretary shall use not more 
        than 10 percent of the amounts made available for the 
        program for each fiscal year to provide grants for 
        eligible projects in an amount that is less than 
        $25,000,000.
          (2) Appalachian development highway system.--The 
        Secretary shall reserve 25 percent of the amounts made 
        available for the program for each fiscal year for 
        eligible projects that further the completion of 
        designated routes of the Appalachian Development 
        Highway System under section 14501 of title 40.
          (3) Rural roadway lane departures.--The Secretary 
        shall reserve 15 percent of the amounts made available 
        for the program for each fiscal year to provide grants 
        for eligible projects located in States that have rural 
        roadway fatalities as a result of lane departures that 
        are greater than the average of rural roadway 
        fatalities as a result of lane departures in the United 
        States, based on the latest available data from the 
        Secretary.
          (4) Excess funding.--In any fiscal year in which 
        qualified applications for grants under this subsection 
        do not allow for the amounts reserved under paragraphs 
        (1), (2), or (3) to be fully utilized, the Secretary 
        shall use the unutilized amounts to make other grants 
        under the program.
  (l) Congressional Review.--
          (1) Notification.--Not less than 60 days before 
        providing a grant under the program, 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) a list of all applications determined to 
                be eligible for a grant by the Secretary;
                  (B) each application proposed to be selected 
                for a grant, including a justification for the 
                selection; and
                  (C) proposed grant amounts.
          (2) Committee review.--Before the last day of the 60-
        day period described in paragraph (1), each Committee 
        described in paragraph (1) shall review the list of 
        proposed projects submitted by the Secretary.
          (3) Congressional disapproval.--The Secretary may not 
        make a grant or any other obligation or commitment to 
        fund a project under the program if a joint resolution 
        is enacted disapproving funding for the project before 
        the last day of the 60-day period described in 
        paragraph (1).
  (m) Transparency.--
          (1) In general.--Not later than 30 days after 
        providing a grant for a project under the program, the 
        Secretary shall provide to all applicants, and publish 
        on the website of the Department of Transportation, the 
        information described in subsection (l)(1).
          (2) Briefing.--The Secretary shall provide, on the 
        request of an eligible entity, the opportunity to 
        receive a briefing to explain any reasons the eligible 
        entity was not selected to receive a grant under the 
        program.
  (n) Reports.--
          (1) Annual report.--The Secretary shall make 
        available on the website of the Department of 
        Transportation at the end of each fiscal year an annual 
        report that lists each project for which a grant has 
        been provided under the program during that fiscal 
        year.
          (2) Comptroller general.--
                  (A) Assessment.--The Comptroller General of 
                the United States shall conduct an assessment 
                of the administrative establishment, 
                solicitation, selection, and justification 
                process with respect to the awarding of grants 
                under the program for each fiscal year.
                  (B) Report.--Each fiscal year, 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 that describes, for 
                the fiscal year--
                          (i) the adequacy and fairness of the 
                        process by which each project was 
                        selected, if applicable; and
                          (ii) the justification and criteria 
                        used for the selection of each project, 
                        if applicable.

Sec. 174. State human capital plans

  (a) In General.--Not later than 18 months after the date of 
enactment of this section, the Secretary shall encourage each 
State to develop a voluntary plan, to be known as a `human 
capital plan', that provides for the immediate and long-term 
personnel and workforce needs of the State with respect to the 
capacity of the State to deliver transportation and public 
infrastructure eligible under this title.
  (b) Plan Contents.--
          (1) In general.--A human capital plan developed by a 
        State under subsection (a) shall, to the maximum extent 
        practicable, take into consideration--
                  (A) significant transportation workforce 
                trends, needs, issues, and challenges with 
                respect to the State;
                  (B) the human capital policies, strategies, 
                and performance measures that will guide the 
                transportation-related workforce investment 
                decisions of the State;
                  (C) coordination with educational 
                institutions, industry, organized labor, 
                workforce boards, and other agencies or 
                organizations to address the human capital 
                transportation needs of the State;
                  (D) a workforce planning strategy that 
                identifies current and future human capital 
                needs, including the knowledge, skills, and 
                abilities needed to recruit and retain skilled 
                workers in the transportation industry;
                  (E) a human capital management strategy that 
                is aligned with the transportation mission, 
                goals, and organizational objectives of the 
                State;
                  (F) an implementation system for workforce 
                goals focused on addressing continuity of 
                leadership and knowledge sharing across the 
                State;
                  (G) an implementation system that addresses 
                workforce competency gaps, particularly in 
                mission-critical occupations;
                  (H) in the case of public-private 
                partnerships or other alternative project 
                delivery methods to carry out the 
                transportation program of the State, a 
                description of workforce needs--
                          (i) to ensure that the transportation 
                        mission, goals, and organizational 
                        objectives of the State are fully 
                        carried out; and
                          (ii) to ensure that procurement 
                        methods provide the best public value;
                  (I) a system for analyzing and evaluating the 
                performance of the State department of 
                transportation with respect to all aspects of 
                human capital management policies, programs, 
                and activities; and
                  (J) the manner in which the plan will improve 
                the ability of the State to meet the national 
                policy in support of performance management 
                established under section 150.
          (2) Planning period.--If a State develops a human 
        capital plan under subsection (a), the plan shall 
        address a 5-year forecast period.
  (c) Plan Updates.--If a State develops a human capital plan 
under subsection (a), the State shall update the plan not less 
frequently than once every 5 years.
  (d) Relationship to Long-range Plan.--
          (1) In general.--Subject to paragraph (2), a human 
        capital plan developed by a State under subsection (a) 
        may be developed separately from, or incorporated into, 
        the long-range statewide transportation plan required 
        under section 135.
          (2) Effect of section.--Nothing in this section 
        requires a State, or authorizes the Secretary to 
        require a State, to incorporate a human capital plan 
        into the long-range statewide transportation plan 
        required under section 135.
  (e) Public Availability.--Each State that develops a human 
capital plan under subsection (a) shall make a copy of the plan 
available to the public in a user-friendly format on the 
website of the State department of transportation.
  (f) Savings Provision.--Nothing in this section prevents a 
State from carrying out transportation workforce planning--
          (1) not described in this section; or
          (2) not in accordance with this section.

Sec. 175. Carbon reduction program

  (a) Definitions.--In this section:
          (1) Metropolitan planning organization; urbanized 
        area.--The terms `metropolitan planning organization' 
        and `urbanized area' have the meaning given those terms 
        in section 134(b).
          (2) Transportation emissions.--The term 
        `transportation emissions' means carbon dioxide 
        emissions from on-road highway sources of those 
        emissions within a State.
          (3) Transportation management area.--The term 
        `transportation management area' means a transportation 
        management area identified or designated by the 
        Secretary under section 134(k)(1).
  (b) Establishment.--The Secretary shall establish a carbon 
reduction program to reduce transportation emissions.
  (c) Eligible Projects.--
          (1) In general.--Subject to paragraph (2), funds 
        apportioned to a State under section 104(b)(7) may be 
        obligated for projects to support the reduction of 
        transportation emissions, including--
                  (A) a project described in section 149(b)(4) 
                to establish or operate a traffic monitoring, 
                management, and control facility or program, 
                including advanced truck stop electrification 
                systems;
                  (B) a public transportation project that is 
                eligible for assistance under section 142;
                  (C) a project described in section 101(a)(29) 
                (as in effect on the day before the date of 
                enactment of the FAST Act (Public Law 114-94; 
                129 Stat. 1312)), including the construction, 
                planning, and design of on-road and off-road 
                trail facilities for pedestrians, bicyclists, 
                and other nonmotorized forms of transportation;
                  (D) a project described in section 
                503(c)(4)(E) for advanced transportation and 
                congestion management technologies;
                  (E) a project for the deployment of 
                infrastructure-based intelligent transportation 
                systems capital improvements and the 
                installation of vehicle-to-infrastructure 
                communications equipment, including 
                retrofitting dedicated short-range 
                communications (DSRC) technology deployed as 
                part of an existing pilot program to cellular 
                vehicle-to-everything (C-V2X) technology;
                  (F) a project to replace street lighting and 
                traffic control devices with energy-efficient 
                alternatives;
                  (G) the development of a carbon reduction 
                strategy in accordance with subsection (d);
                  (H) a project or strategy that is designed to 
                support congestion pricing, shifting 
                transportation demand to nonpeak hours or other 
                transportation modes, increasing vehicle 
                occupancy rates, or otherwise reducing demand 
                for roads, including electronic toll 
                collection, and travel demand management 
                strategies and programs;
                  (I) efforts to reduce the environmental and 
                community impacts of freight movement;
                  (J) a project to support deployment of 
                alternative fuel vehicles, including--
                          (i) the acquisition, installation, or 
                        operation of publicly accessible 
                        electric vehicle charging 
                        infrastructure or hydrogen, natural 
                        gas, or propane vehicle fueling 
                        infrastructure; and
                          (ii) the purchase or lease of zero-
                        emission construction equipment and 
                        vehicles, including the acquisition, 
                        construction, or leasing of required 
                        supporting facilities;
                  (K) a project described in section 149(b)(8) 
                for a diesel engine retrofit;
                  (L) a project described in section 149(b)(5) 
                that does not result in the construction of new 
                capacity; and
                  (M) a project that reduces transportation 
                emissions at port facilities, including through 
                the advancement of port electrification.
          (2) Flexibility.--In addition to the eligible 
        projects under paragraph (1), a State may use funds 
        apportioned under section 104(b)(7) for a project 
        eligible under section 133(b) if the Secretary 
        certifies that the State has demonstrated a reduction 
        in transportation emissions--
                  (A) as estimated on a per capita basis; and
                  (B) as estimated on a per unit of economic 
                output basis.
  (d) Carbon Reduction Strategy.--
          (1) In general.--Not later than 2 years after the 
        date of enactment of the Surface Transportation 
        Reauthorization Act of 2021, a State, in consultation 
        with any metropolitan planning organization designated 
        within the State, shall develop a carbon reduction 
        strategy in accordance with this subsection.
          (2) Requirements.--The carbon reduction strategy of a 
        State developed under paragraph (1) shall--
                  (A) support efforts to reduce transportation 
                emissions;
                  (B) identify projects and strategies to 
                reduce transportation emissions, which may 
                include projects and strategies for safe, 
                reliable, and cost-effective options--
                          (i) to reduce traffic congestion by 
                        facilitating the use of alternatives to 
                        single-occupant vehicle trips, 
                        including public transportation 
                        facilities, pedestrian facilities, 
                        bicycle facilities, and shared or 
                        pooled vehicle trips within the State 
                        or an area served by the applicable 
                        metropolitan planning organization, if 
                        any;
                          (ii) to facilitate the use of 
                        vehicles or modes of travel that result 
                        in lower transportation emissions per 
                        person-mile traveled as compared to 
                        existing vehicles and modes; and
                          (iii) to facilitate approaches to the 
                        construction of transportation assets 
                        that result in lower transportation 
                        emissions as compared to existing 
                        approaches;
                  (C) support the reduction of transportation 
                emissions of the State;
                  (D) at the discretion of the State, quantify 
                the total carbon emissions from the production, 
                transport, and use of materials used in the 
                construction of transportation facilities 
                within the State; and
                  (E) be appropriate to the population density 
                and context of the State, including any 
                metropolitan planning organization designated 
                within the State.
          (3) Updates.--The carbon reduction strategy of a 
        State developed under paragraph (1) shall be updated 
        not less frequently than once every 4 years.
          (4) Review.--Not later than 90 days after the date on 
        which a State submits a request for the approval of a 
        carbon reduction strategy developed by the State under 
        paragraph (1), the Secretary shall--
                  (A) review the process used to develop the 
                carbon reduction strategy; and
                  (B)(i) certify that the carbon reduction 
                strategy meets the requirements of paragraph 
                (2); or
                  (ii) deny certification of the carbon 
                reduction strategy and specify the actions 
                necessary for the State to take to correct the 
                deficiencies in the process of the State in 
                developing the carbon reduction strategy.
          (5) Technical assistance.--At the request of a State, 
        the Secretary shall provide technical assistance in the 
        development of the carbon reduction strategy under 
        paragraph (1).
  (e) Suballocation.--
          (1) In general.--For each fiscal year, of the funds 
        apportioned to the State under section 104(b)(7)--
                  (A) 65 percent shall be obligated, 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 
                        more than 200,000;
                          (ii) in urbanized areas of the State 
                        with an urbanized population of not 
                        less than 50,000 and not more than 
                        200,000;
                          (iii) in urban areas of the State 
                        with a population of not less than 
                        5,000 and not more than 49,999; and
                          (iv) in other areas of the State with 
                        a population of less than 5,000; and
                  (B) the remainder may be obligated in any 
                area of the State.
          (2) Metropolitan areas.--Funds attributed to an 
        urbanized area under paragraph (1)(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 50,000 
        population.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the amounts that a State is 
                required to obligate under clauses (i) and (ii) 
                of paragraph (1)(A) shall be obligated in 
                urbanized areas described in those clauses 
                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--
                          (i) the State and the relevant 
                        metropolitan planning organizations 
                        jointly apply to the Secretary for the 
                        permission to base the obligation on 
                        other factors; and
                          (ii) the Secretary grants the 
                        request.
          (4) Coordination in urbanized areas.--Before 
        obligating funds for an eligible project under 
        subsection (c) in an urbanized area that is not a 
        transportation management area, a State shall 
        coordinate with any metropolitan planning organization 
        that represents the urbanized area prior to determining 
        which activities should be carried out under the 
        project.
          (5) Consultation in rural areas.--Before obligating 
        funds for an eligible project under subsection (c) in a 
        rural area, a State shall consult with any regional 
        transportation planning organization or metropolitan 
        planning organization that represents the rural area 
        prior to determining which activities should be carried 
        out under the project.
          (6) Obligation authority.--
                  (A) In general.--A State that is required to 
                obligate in an urbanized area with an urbanized 
                area population of 50,000 or more under this 
                subsection funds apportioned to the State under 
                section 104(b)(7) shall make available during 
                the period of fiscal years 2022 through 2026 an 
                amount of obligation authority distributed to 
                the State for Federal-aid highways and highway 
                safety construction programs for use in the 
                area that is equal to the amount obtained by 
                multiplying--
                          (i) the aggregate amount of funds 
                        that the State is required to obligate 
                        in the area under this subsection 
                        during the period; and
                          (ii) the ratio that--
                                  (I) the aggregate amount of 
                                obligation authority 
                                distributed to the State for 
                                Federal-aid highways and 
                                highway safety construction 
                                programs during the period; 
                                bears to
                                  (II) the total of the sums 
                                apportioned to the State for 
                                Federal-aid highways and 
                                highway safety construction 
                                programs (excluding sums not 
                                subject to an obligation 
                                limitation) during the period.
                  (B) Joint responsibility.--Each State, each 
                affected metropolitan planning organization, 
                and the Secretary shall jointly ensure 
                compliance with subparagraph (A).
  (f) Federal Share.--The Federal share of the cost of a 
project carried out using funds apportioned to a State under 
section 104(b)(7) shall be determined in accordance with 
section 120.

Sec. 176. Promoting Resilient Operations for Transformative, Efficient, 
                    and Cost-saving Transportation (PROTECT) program

  (a) Definitions.--In this section:
          (1) Emergency event.--The term `emergency event' 
        means a natural disaster or catastrophic failure 
        resulting in--
                  (A) an emergency declared by the Governor of 
                the State in which the disaster or failure 
                occurred; or
                  (B) an emergency or disaster declared by the 
                President.
          (2) Evacuation route.--The term `evacuation route' 
        means a transportation route or system that--
                  (A) is owned, operated, or maintained by a 
                Federal, State, Tribal, or local government;
                  (B) is used--
                          (i) to transport the public away from 
                        emergency events; or
                          (ii) to transport emergency 
                        responders and recovery resources; and
                  (C) is designated by the eligible entity with 
                jurisdiction over the area in which the route 
                is located for the purposes described in 
                subparagraph (B).
          (3) Program.--The term `program' means the program 
        established under subsection (b)(1).
          (4) Resilience improvement.--The term `resilience 
        improvement' means the use of materials or structural 
        or nonstructural techniques, including natural 
        infrastructure--
                  (A) that allow a project--
                          (i) to better anticipate, prepare 
                        for, and adapt to changing conditions 
                        and to withstand and respond to 
                        disruptions; and
                          (ii) to be better able to continue to 
                        serve the primary function of the 
                        project during and after weather events 
                        and natural disasters for the expected 
                        life of the project; or
                  (B) that--
                          (i) reduce the magnitude and duration 
                        of impacts of current and future 
                        weather events and natural disasters to 
                        a project; or
                          (ii) have the absorptive capacity, 
                        adaptive capacity, and recoverability 
                        to decrease project vulnerability to 
                        current and future weather events or 
                        natural disasters.
  (b) Establishment.--
          (1) In general.--The Secretary shall establish a 
        program, to be known as the `Promoting Resilient 
        Operations for Transformative, Efficient, and Cost-
        saving Transportation program' or the `PROTECT 
        program'.
          (2) Purpose.--The purpose of the program is to 
        provide grants for resilience improvements through--
                  (A) formula funding distributed to States to 
                carry out subsection (c);
                  (B) competitive planning grants to enable 
                communities to assess vulnerabilities to 
                current and future weather events and natural 
                disasters and changing conditions, including 
                sea level rise, and plan transportation 
                improvements and emergency response strategies 
                to address those vulnerabilities; and
                  (C) competitive resilience improvement grants 
                to protect--
                          (i) surface transportation assets by 
                        making the assets more resilient to 
                        current and future weather events and 
                        natural disasters, such as severe 
                        storms, flooding, drought, levee and 
                        dam failures, wildfire, rockslides, 
                        mudslides, sea level rise, extreme 
                        weather, including extreme temperature, 
                        and earthquakes;
                          (ii) communities through resilience 
                        improvements and strategies that allow 
                        for the continued operation or rapid 
                        recovery of surface transportation 
                        systems that--
                                  (I) serve critical local, 
                                regional, and national needs, 
                                including evacuation routes; 
                                and
                                  (II) provide access or 
                                service to hospitals and other 
                                medical or emergency service 
                                facilities, major employers, 
                                critical manufacturing centers, 
                                ports and intermodal 
                                facilities, utilities, and 
                                Federal facilities;
                          (iii) coastal infrastructure, such as 
                        a tide gate to protect highways, that 
                        is at long-term risk to sea level rise; 
                        and
                          (iv) natural infrastructure that 
                        protects and enhances surface 
                        transportation assets while improving 
                        ecosystem conditions, including 
                        culverts that ensure adequate flows in 
                        rivers and estuarine systems.
  (c) Eligible Activities for Apportioned Funding.--
          (1) In general.--Except as provided in paragraph (2), 
        funds apportioned to the State under section 104(b)(8) 
        shall be obligated for activities eligible under 
        subparagraph (A), (B), or (C) of subsection (d)(4).
          (2) Planning set-aside.--Of the funds apportioned to 
        a State under section 104(b)(8) for each fiscal year, 
        not less than 2 percent shall be for activities 
        described in subsection (d)(3).
          (3) Requirements.--
                  (A) Projects in certain areas.--If a project 
                under this subsection is carried out, in whole 
                or in part, within a base floodplain, the State 
                shall--
                          (i) identify the base floodplain in 
                        which the project is to be located and 
                        disclose that information to the 
                        Secretary; and
                          (ii) indicate to the Secretary 
                        whether the State plans to implement 1 
                        or more components of the risk 
                        mitigation plan under section 322 of 
                        the Robert T. Stafford Disaster Relief 
                        and Emergency Assistance Act (42 U.S.C. 
                        5165) with respect to the area.
                  (B) Eligibilities.--A State shall use funds 
                apportioned to the State under section 
                104(b)(8) for--
                          (i) a highway project eligible for 
                        assistance under this title;
                          (ii) a public transportation facility 
                        or service eligible for assistance 
                        under chapter 53 of title 49; or
                          (iii) a port facility, including a 
                        facility that--
                                  (I) connects a port to other 
                                modes of transportation;
                                  (II) improves the efficiency 
                                of evacuations and disaster 
                                relief; or
                                  (III) aids transportation.
                  (C) System resilience.--A project carried out 
                by a State with funds apportioned to the State 
                under section 104(b)(8) may include the use of 
                natural infrastructure or the construction or 
                modification of storm surge, flood protection, 
                or aquatic ecosystem restoration elements that 
                are functionally connected to a transportation 
                improvement, such as--
                          (i) increasing marsh health and total 
                        area adjacent to a highway right-of-way 
                        to promote additional flood storage;
                          (ii) upgrades to and installation of 
                        culverts designed to withstand 100-year 
                        flood events;
                          (iii) upgrades to and installation of 
                        tide gates to protect highways;
                          (iv) upgrades to and installation of 
                        flood gates to protect tunnel 
                        entrances; and
                          (v) improving functionality and 
                        resiliency of stormwater controls, 
                        including inventory inspections, 
                        upgrades to, and preservation of best 
                        management practices to protect surface 
                        transportation infrastructure.
                  (D) Federal cost share.--
                          (i) In general.--Except as provided 
                        in subsection (e)(1), the Federal share 
                        of the cost of a project carried out 
                        using funds apportioned to the State 
                        under section 104(b)(8) shall not 
                        exceed 80 percent of the total project 
                        cost.
                          (ii) Non-federal share.--A State may 
                        use Federal funds other than Federal 
                        funds apportioned to the State under 
                        section 104(b)(8) to meet the non-
                        Federal cost share requirement for a 
                        project under this subsection.
                  (E) Eligible project costs.--
                          (i) In general.--Except as provided 
                        in clause (ii), eligible project costs 
                        for activities carried out by a State 
                        with funds apportioned to the State 
                        under section 104(b)(8) may include the 
                        costs of--
                                  (I) development phase 
                                activities, including planning, 
                                feasibility analysis, revenue 
                                forecasting, environmental 
                                review, preliminary engineering 
                                and design work, and other 
                                preconstruction activities; and
                                  (II) 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.
                          (ii) Eligible planning costs.--In the 
                        case of a planning activity described 
                        in subsection (d)(3) that is carried 
                        out by a State with funds apportioned 
                        to the State under section 104(b)(8), 
                        eligible costs may include development 
                        phase activities, including planning, 
                        feasibility analysis, revenue 
                        forecasting, environmental review, 
                        preliminary engineering and design 
                        work, other preconstruction activities, 
                        and other activities consistent with 
                        carrying out the purposes of subsection 
                        (d)(3).
                  (F) Limitations.--A State--
                          (i) may use not more than 40 percent 
                        of the amounts apportioned to the State 
                        under section 104(b)(8) for the 
                        construction of new capacity; and
                          (ii) may use not more than 10 percent 
                        of the amounts apportioned to the State 
                        under section 104(b)(8) for activities 
                        described in subparagraph (E)(i)(I).
  (d) Competitive Awards.--
          (1) In general.--In addition to funds apportioned to 
        States under section 104(b)(8) to carry out activities 
        under subsection (c), the Secretary shall provide 
        grants on a competitive basis under this subsection to 
        eligible entities described in paragraph (2).
          (2) Eligible entities.--Except as provided in 
        paragraph (4)(C), the Secretary may make a grant under 
        this subsection to any of the following:
                  (A) A State or political subdivision of a 
                State.
                  (B) A metropolitan planning organization.
                  (C) A unit of local government.
                  (D) A special purpose district or public 
                authority with a transportation function, 
                including a port authority.
                  (E) An Indian tribe (as defined in section 
                207(m)(1)).
                  (F) A Federal land management agency that 
                applies jointly with a State or group of 
                States.
                  (G) A multi-State or multijurisdictional 
                group of entities described in subparagraphs 
                (A) through (F).
          (3) Planning grants.--Using funds made available 
        under this subsection, the Secretary shall provide 
        planning grants to eligible entities for the purpose 
        of--
                  (A) in the case of a State or metropolitan 
                planning organization, developing a resilience 
                improvement plan under subsection (e)(2);
                  (B) resilience planning, predesign, design, 
                or the development of data tools to simulate 
                transportation disruption scenarios, including 
                vulnerability assessments;
                  (C) technical capacity building by the 
                eligible entity to facilitate the ability of 
                the eligible entity to assess the 
                vulnerabilities of the surface transportation 
                assets and community response strategies of the 
                eligible entity under current conditions and a 
                range of potential future conditions; or
                  (D) evacuation planning and preparation.
          (4) Resilience grants.--
                  (A) Resilience improvement grants.--
                          (i) In general.--Using funds made 
                        available under this subsection, the 
                        Secretary shall provide resilience 
                        improvement grants to eligible entities 
                        to carry out 1 or more eligible 
                        activities under clause (ii).
                          (ii) Eligible activities.--
                                  (I) In general.--An eligible 
                                entity may use a resilience 
                                improvement grant under this 
                                subparagraph for 1 or more 
                                construction activities to 
                                improve the ability of an 
                                existing surface transportation 
                                asset to withstand 1 or more 
                                elements of a weather event or 
                                natural disaster, or to 
                                increase the resilience of 
                                surface transportation 
                                infrastructure from the impacts 
                                of changing conditions, such as 
                                sea level rise, flooding, 
                                wildfires, extreme weather 
                                events, and other natural 
                                disasters.
                                  (II) Inclusions.--An activity 
                                eligible to be carried out 
                                under this subparagraph 
                                includes--
                                          (aa) resurfacing, 
                                        restoration, 
                                        rehabilitation, 
                                        reconstruction, 
                                        replacement, 
                                        improvement, or 
                                        realignment of an 
                                        existing surface 
                                        transportation facility 
                                        eligible for assistance 
                                        under this title;
                                          (bb) the 
                                        incorporation of 
                                        natural infrastructure;
                                          (cc) the upgrade of 
                                        an existing surface 
                                        transportation facility 
                                        to meet or exceed a 
                                        design standard adopted 
                                        by the Federal Highway 
                                        Administration;
                                          (dd) the installation 
                                        of mitigation measures 
                                        that prevent the 
                                        intrusion of 
                                        floodwaters into 
                                        surface transportation 
                                        systems;
                                          (ee) strengthening 
                                        systems that remove 
                                        rainwater from surface 
                                        transportation 
                                        facilities;
                                          (ff) upgrades to and 
                                        installation of 
                                        structural stormwater 
                                        controls;
                                          (gg) a resilience 
                                        project that addresses 
                                        identified 
                                        vulnerabilities 
                                        described in the 
                                        resilience improvement 
                                        plan of the eligible 
                                        entity, if applicable;
                                          (hh) relocating 
                                        roadways in a base 
                                        floodplain to higher 
                                        ground above projected 
                                        flood elevation levels, 
                                        or away from slide 
                                        prone areas;
                                          (ii) stabilizing 
                                        slide areas or slopes;
                                          (jj) installing 
                                        riprap;
                                          (kk) lengthening or 
                                        raising bridges to 
                                        increase waterway 
                                        openings, including to 
                                        respond to extreme 
                                        weather;
                                          (ll) increasing the 
                                        size or number of 
                                        drainage structures;
                                          (mm) installing 
                                        seismic retrofits on 
                                        bridges;
                                          (nn) adding scour 
                                        protection at bridges;
                                          (oo) adding scour, 
                                        stream stability, 
                                        coastal, and other 
                                        hydraulic 
                                        countermeasures, 
                                        including spur dikes;
                                          (pp) vegetation 
                                        management practices in 
                                        transportation rights-
                                        of-way to improve 
                                        roadway safety, prevent 
                                        against invasive 
                                        species, facilitate 
                                        wildfire control, and 
                                        provide erosion 
                                        control; and
                                          (qq) any other 
                                        protective features, 
                                        including natural 
                                        infrastructure, as 
                                        determined by the 
                                        Secretary.
                          (iii) Priority.--The Secretary shall 
                        prioritize a resilience improvement 
                        grant to an eligible entity if--
                                  (I) the Secretary 
                                determines--
                                          (aa) the benefits of 
                                        the eligible activity 
                                        proposed to be carried 
                                        out by the eligible 
                                        entity exceed the costs 
                                        of the activity; and
                                          (bb) there is a need 
                                        to address the 
                                        vulnerabilities of 
                                        surface transportation 
                                        assets of the eligible 
                                        entity with a high risk 
                                        of, and impacts 
                                        associated with, 
                                        failure due to the 
                                        impacts of weather 
                                        events, natural 
                                        disasters, or changing 
                                        conditions, such as sea 
                                        level rise, wildfires, 
                                        and increased flood 
                                        risk; or
                                  (II) the eligible activity 
                                proposed to be carried out by 
                                the eligible entity is included 
                                in the applicable resilience 
                                improvement plan under 
                                subsection (e)(2).
                  (B) Community resilience and evacuation route 
                grants.--
                          (i) In general.--Using funds made 
                        available under this subsection, the 
                        Secretary shall provide community 
                        resilience and evacuation route grants 
                        to eligible entities to carry out 1 or 
                        more eligible activities under clause 
                        (ii).
                          (ii) Eligible activities.--An 
                        eligible entity may use a community 
                        resilience and evacuation route grant 
                        under this subparagraph for 1 or more 
                        projects that strengthen and protect 
                        evacuation routes that are essential 
                        for providing and supporting 
                        evacuations caused by emergency events, 
                        including a project that--
                                  (I) is an eligible activity 
                                under subparagraph (A)(ii), if 
                                that eligible activity will 
                                improve an evacuation route;
                                  (II) ensures the ability of 
                                the evacuation route to provide 
                                safe passage during an 
                                evacuation and reduces the risk 
                                of damage to evacuation routes 
                                as a result of future emergency 
                                events, including restoring or 
                                replacing existing evacuation 
                                routes that are in poor 
                                condition or not designed to 
                                meet the anticipated demand 
                                during an emergency event, and 
                                including steps to protect 
                                routes from mud, rock, or other 
                                debris slides;
                                  (III) if the eligible entity 
                                notifies the Secretary that 
                                existing evacuation routes are 
                                not sufficient to adequately 
                                facilitate evacuations, 
                                including the transportation of 
                                emergency responders and 
                                recovery resources, expands the 
                                capacity of evacuation routes 
                                to swiftly and safely 
                                accommodate evacuations, 
                                including installation of--
                                          (aa) communications 
                                        and intelligent 
                                        transportation system 
                                        equipment and 
                                        infrastructure;
                                          (bb) counterflow 
                                        measures; or
                                          (cc) shoulders;
                                  (IV) is for the construction 
                                of new or redundant evacuation 
                                routes, if the eligible entity 
                                notifies the Secretary that 
                                existing evacuation routes are 
                                not sufficient to adequately 
                                facilitate evacuations, 
                                including the transportation of 
                                emergency responders and 
                                recovery resources;
                                  (V) is for the acquisition of 
                                evacuation route or traffic 
                                incident management equipment 
                                or signage; or
                                  (VI) will ensure access or 
                                service to critical 
                                destinations, including 
                                hospitals and other medical or 
                                emergency service facilities, 
                                major employers, critical 
                                manufacturing centers, ports 
                                and intermodal facilities, 
                                utilities, and Federal 
                                facilities.
                          (iii) Priority.--The Secretary shall 
                        prioritize community resilience and 
                        evacuation route grants under this 
                        subparagraph for eligible activities 
                        that are cost-effective, as determined 
                        by the Secretary, taking into account--
                                  (I) current and future 
                                vulnerabilities to an 
                                evacuation route due to future 
                                occurrence or recurrence of 
                                emergency events that are 
                                likely to occur in the 
                                geographic area in which the 
                                evacuation route is located; 
                                and
                                  (II) projected changes in 
                                development patterns, 
                                demographics, and extreme 
                                weather events based on the 
                                best available evidence and 
                                analysis.
                          (iv) Consultation.--In providing 
                        grants for community resilience and 
                        evacuation routes under this 
                        subparagraph, the Secretary may consult 
                        with the Administrator of the Federal 
                        Emergency Management Agency, who may 
                        provide technical assistance to the 
                        Secretary and to eligible entities.
                  (C) At-risk coastal infrastructure grants.--
                          (i) Definition of eligible entity.--
                        In this subparagraph, the term 
                        `eligible entity' means any of the 
                        following:
                                  (I) A State (including the 
                                United States Virgin Islands, 
                                Guam, American Samoa, and the 
                                Commonwealth of the Northern 
                                Mariana Islands) in, or 
                                bordering on, the Atlantic, 
                                Pacific, or Arctic Ocean, the 
                                Gulf of Mexico, Long Island 
                                Sound, or 1 or more of the 
                                Great Lakes.
                                  (II) A political subdivision 
                                of a State described in 
                                subclause (I).
                                  (III) A metropolitan planning 
                                organization in a State 
                                described in subclause (I).
                                  (IV) A unit of local 
                                government in a State described 
                                in subclause (I).
                                  (V) A special purpose 
                                district or public authority 
                                with a transportation function, 
                                including a port authority, in 
                                a State described in subclause 
                                (I).
                                  (VI) An Indian tribe in a 
                                State described in subclause 
                                (I).
                                  (VII) A Federal land 
                                management agency that applies 
                                jointly with a State or group 
                                of States described in 
                                subclause (I).
                                  (VIII) A multi-State or 
                                multijurisdictional group of 
                                entities described in 
                                subclauses (I) through (VII).
                          (ii) Grants.--Using funds made 
                        available under this subsection, the 
                        Secretary shall provide at-risk coastal 
                        infrastructure grants to eligible 
                        entities to carry out 1 or more 
                        eligible activities under clause (iii).
                          (iii) Eligible activities.--An 
                        eligible entity may use an at-risk 
                        coastal infrastructure grant under this 
                        subparagraph for strengthening, 
                        stabilizing, hardening, elevating, 
                        relocating, or otherwise enhancing the 
                        resilience of highway and non-rail 
                        infrastructure, including bridges, 
                        roads, pedestrian walkways, and bicycle 
                        lanes, and associated infrastructure, 
                        such as culverts and tide gates to 
                        protect highways, that are subject to, 
                        or face increased long-term future 
                        risks of, a weather event, a natural 
                        disaster, or changing conditions, 
                        including coastal flooding, coastal 
                        erosion, wave action, storm surge, or 
                        sea level rise, in order to improve 
                        transportation and public safety and to 
                        reduce costs by avoiding larger future 
                        maintenance or rebuilding costs.
                          (iv) Criteria.--The Secretary shall 
                        provide at-risk coastal infrastructure 
                        grants under this subparagraph for a 
                        project--
                                  (I) that addresses the risks 
                                from a current or future 
                                weather event or natural 
                                disaster, including coastal 
                                flooding, coastal erosion, wave 
                                action, storm surge, or sea 
                                level change; and
                                  (II) that reduces long-term 
                                infrastructure costs by 
                                avoiding larger future 
                                maintenance or rebuilding 
                                costs.
                          (v) Coastal benefits.--In addition to 
                        the criteria under clause (iv), for the 
                        purpose of providing at-risk coastal 
                        infrastructure grants under this 
                        subparagraph, the Secretary shall 
                        evaluate the extent to which a project 
                        will provide--
                                  (I) access to coastal homes, 
                                businesses, communities, and 
                                other critical infrastructure, 
                                including access by first 
                                responders and other emergency 
                                personnel; or
                                  (II) access to a designated 
                                evacuation route.
          (5) Grant requirements.--
                  (A) Solicitations for grants.--In providing 
                grants under this subsection, the Secretary 
                shall conduct a transparent and competitive 
                national solicitation process to select 
                eligible projects to receive grants under 
                paragraph (3) and subparagraphs (A), (B), and 
                (C) of paragraph (4).
                  (B) Applications.--
                          (i) In general.--To be eligible to 
                        receive a grant under paragraph (3) or 
                        subparagraph (A), (B), or (C) of 
                        paragraph (4), an eligible entity shall 
                        submit to the Secretary an application 
                        in such form, at such time, and 
                        containing such information as the 
                        Secretary determines to be necessary.
                          (ii) Projects in certain areas.--If a 
                        project is proposed to be carried out 
                        by the eligible entity, in whole or in 
                        part, within a base floodplain, the 
                        eligible entity shall--
                                  (I) as part of the 
                                application, identify the 
                                floodplain in which the project 
                                is to be located and disclose 
                                that information to the 
                                Secretary; and
                                  (II) indicate in the 
                                application whether, if 
                                selected, the eligible entity 
                                will implement 1 or more 
                                components of the risk 
                                mitigation plan under section 
                                322 of the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5165) 
                                with respect to the area.
                  (C) Eligibilities.--The Secretary may make a 
                grant under paragraph (3) or subparagraph (A), 
                (B), or (C) of paragraph (4) only for--
                          (i) a highway project eligible for 
                        assistance under this title;
                          (ii) a public transportation facility 
                        or service eligible for assistance 
                        under chapter 53 of title 49;
                          (iii) a facility or service for 
                        intercity rail passenger transportation 
                        (as defined in section 24102 of title 
                        49); or
                          (iv) a port facility, including a 
                        facility that--
                                  (I) connects a port to other 
                                modes of transportation;
                                  (II) improves the efficiency 
                                of evacuations and disaster 
                                relief; or
                                  (III) aids transportation.
                  (D) System resilience.--A project for which a 
                grant is provided under paragraph (3) or 
                subparagraph (A), (B), or (C) of paragraph (4) 
                may include the use of natural infrastructure 
                or the construction or modification of storm 
                surge, flood protection, or aquatic ecosystem 
                restoration elements that the Secretary 
                determines are functionally connected to a 
                transportation improvement, such as--
                          (i) increasing marsh health and total 
                        area adjacent to a highway right-of-way 
                        to promote additional flood storage;
                          (ii) upgrades to and installing of 
                        culverts designed to withstand 100-year 
                        flood events;
                          (iii) upgrades to and installation of 
                        tide gates to protect highways; and
                          (iv) upgrades to and installation of 
                        flood gates to protect tunnel 
                        entrances.
                  (E) Federal cost share.--
                          (i) Planning grant.--The Federal 
                        share of the cost of a planning 
                        activity carried out using a planning 
                        grant under paragraph (3) shall be 100 
                        percent.
                          (ii) Resilience grants.--
                                  (I) In general.--Except as 
                                provided in subclause (II) and 
                                subsection (e)(1), the Federal 
                                share of the cost of a project 
                                carried out using a grant under 
                                subparagraph (A), (B), or (C) 
                                of paragraph (4) shall not 
                                exceed 80 percent of the total 
                                project cost.
                                  (II) Tribal projects.--On the 
                                determination of the Secretary, 
                                the Federal share of the cost 
                                of a project carried out using 
                                a grant under subparagraph (A), 
                                (B), or (C) of paragraph (4) by 
                                an Indian tribe (as defined in 
                                section 207(m)(1)) may be up to 
                                100 percent.
                          (iii) Non-federal share.--The 
                        eligible entity may use Federal funds 
                        other than Federal funds provided under 
                        this subsection to meet the non-Federal 
                        cost share requirement for a project 
                        carried out with a grant under this 
                        subsection.
                  (F) Eligible project costs.--
                          (i) Resilience grant projects.--
                        Eligible project costs for activities 
                        funded with a grant under subparagraph 
                        (A), (B), or (C) of paragraph (4) may 
                        include the costs of--
                                  (I) development phase 
                                activities, including planning, 
                                feasibility analysis, revenue 
                                forecasting, environmental 
                                review, preliminary engineering 
                                and design work, and other 
                                preconstruction activities; and
                                  (II) 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.
                          (ii) Planning grants.--Eligible 
                        project costs for activities funded 
                        with a grant under paragraph (3) may 
                        include the costs of development phase 
                        activities, including planning, 
                        feasibility analysis, revenue 
                        forecasting, environmental review, 
                        preliminary engineering and design 
                        work, other preconstruction activities, 
                        and other activities consistent with 
                        carrying out the purposes of that 
                        paragraph.
                  (G) Limitations.--
                          (i) In general.--An eligible entity 
                        that receives a grant under 
                        subparagraph (A), (B), or (C) of 
                        paragraph (4)--
                                  (I) may use not more than 40 
                                percent of the amount of the 
                                grant for the construction of 
                                new capacity; and
                                  (II) may use not more than 10 
                                percent of the amount of the 
                                grant for activities described 
                                in subparagraph (F)(i)(I).
                          (ii) Limit on certain activities.--
                        For each fiscal year, not more than 25 
                        percent of the total amount provided 
                        under this subsection may be used for 
                        projects described in subparagraph 
                        (C)(iii).
                  (H) Distribution of grants.--
                          (i) In general.--Subject to the 
                        availability of funds, an eligible 
                        entity may request and the Secretary 
                        may distribute funds for a grant under 
                        this subsection on a multiyear basis, 
                        as the Secretary determines to be 
                        necessary.
                          (ii) Rural set-aside.--Of the amounts 
                        made available to carry out this 
                        subsection for each fiscal year, the 
                        Secretary shall use not less than 25 
                        percent for grants for projects located 
                        in areas that are outside an urbanized 
                        area with a population of over 200,000.
                          (iii) Tribal set-aside.--Of the 
                        amounts made available to carry out 
                        this subsection for each fiscal year, 
                        the Secretary shall use not less than 2 
                        percent for grants to Indian tribes (as 
                        defined in section 207(m)(1)).
                          (iv) Reallocation.--For any fiscal 
                        year, if the Secretary determines that 
                        the amount described in clause (ii) or 
                        (iii) will not be fully utilized for 
                        the grant described in that clause, the 
                        Secretary may reallocate the unutilized 
                        funds to provide grants to other 
                        eligible entities under this 
                        subsection.
          (6) Consultation.--In carrying out this subsection, 
        the Secretary shall--
                  (A) consult with the Assistant Secretary of 
                the Army for Civil Works, the Administrator of 
                the Environmental Protection Agency, the 
                Secretary of the Interior, and the Secretary of 
                Commerce; and
                  (B) solicit technical support from the 
                Administrator of the Federal Emergency 
                Management Agency.
          (7) Grant administration.--The Secretary may--
                  (A) retain not more than a total of 5 percent 
                of the funds made available to carry out this 
                subsection and to review applications for 
                grants under this subsection; and
                  (B) transfer portions of the funds retained 
                under subparagraph (A) to the relevant 
                Administrators to fund the award and oversight 
                of grants provided under this subsection.
  (e) Resilience Improvement Plan and Lower Non-Federal 
Share.--
          (1) Federal share reductions.--
                  (A) In general.--A State that receives funds 
                apportioned to the State under section 
                104(b)(8) or an eligible entity that receives a 
                grant under subsection (d) shall have the non-
                Federal share of a project carried out with the 
                funds or grant, as applicable, reduced by an 
                amount described in subparagraph (B) if the 
                State or eligible entity meets the applicable 
                requirements under that subparagraph.
                  (B) Amount of reductions.--
                          (i) Resilience improvement plan.--
                        Subject to clause (iii), the amount of 
                        the non-Federal share of the costs of a 
                        project carried out with funds 
                        apportioned to a State under section 
                        104(b)(8) or a grant under subsection 
                        (d) shall be reduced by 7 percentage 
                        points if--
                                  (I) in the case of a State or 
                                an eligible entity that is a 
                                State or a metropolitan 
                                planning organization, the 
                                State or eligible entity has--
                                          (aa) developed a 
                                        resilience improvement 
                                        plan in accordance with 
                                        this subsection; and
                                          (bb) prioritized the 
                                        project on that 
                                        resilience improvement 
                                        plan; and
                                  (II) in the case of an 
                                eligible entity not described 
                                in subclause (I), the eligible 
                                entity is located in a State or 
                                an area served by a 
                                metropolitan planning 
                                organization that has--
                                          (aa) developed a 
                                        resilience improvement 
                                        plan in accordance with 
                                        this subsection; and
                                          (bb) prioritized the 
                                        project on that 
                                        resilience improvement 
                                        plan.
                          (ii) Incorporation of resilience 
                        improvement plan in other planning.--
                        Subject to clause (iii), the amount of 
                        the non-Federal share of the cost of a 
                        project carried out with funds under 
                        subsection (c) or a grant under 
                        subsection (d) shall be reduced by 3 
                        percentage points if--
                                  (I) in the case of a State or 
                                an eligible entity that is a 
                                State or a metropolitan 
                                planning organization, the 
                                resilience improvement plan 
                                developed in accordance with 
                                this subsection has been 
                                incorporated into the 
                                metropolitan transportation 
                                plan under section 134 or the 
                                long-range statewide 
                                transportation plan under 
                                section 135, as applicable; and
                                  (II) in the case of an 
                                eligible entity not described 
                                in subclause (I), the eligible 
                                entity is located in a State or 
                                an area served by a 
                                metropolitan planning 
                                organization that incorporated 
                                a resilience improvement plan 
                                into the metropolitan 
                                transportation plan under 
                                section 134 or the long-range 
                                statewide transportation plan 
                                under section 135, as 
                                applicable.
                          (iii) Limitations.--
                                  (I) Maximum reduction.--A 
                                State or eligible entity may 
                                not receive a reduction under 
                                this paragraph of more than 10 
                                percentage points for any 
                                single project carried out with 
                                funds under subsection (c) or a 
                                grant under subsection (d).
                                  (II) No negative non-federal 
                                share.--A reduction under this 
                                paragraph shall not reduce the 
                                non-Federal share of the costs 
                                of a project carried out with 
                                funds under subsection (c) or a 
                                grant under subsection (d) to 
                                an amount that is less than 
                                zero.
          (2) Plan contents.--A resilience improvement plan 
        referred to in paragraph (1)--
                  (A) shall be for the immediate and long-range 
                planning activities and investments of the 
                State or metropolitan planning organization 
                with respect to resilience of the surface 
                transportation system within the boundaries of 
                the State or metropolitan planning 
                organization, as applicable;
                  (B) shall demonstrate a systemic approach to 
                surface transportation system resilience and be 
                consistent with and complementary of the State 
                and local mitigation plans required under 
                section 322 of the Robert T. Stafford Disaster 
                Relief and Emergency Assistance Act (42 U.S.C. 
                5165);
                  (C) shall include a risk-based assessment of 
                vulnerabilities of transportation assets and 
                systems to current and future weather events 
                and natural disasters, such as severe storms, 
                flooding, drought, levee and dam failures, 
                wildfire, rockslides, mudslides, sea level 
                rise, extreme weather, including extreme 
                temperatures, and earthquakes;
                  (D) may--
                          (i) designate evacuation routes and 
                        strategies, including multimodal 
                        facilities, designated with 
                        consideration for individuals without 
                        access to personal vehicles;
                          (ii) plan for response to anticipated 
                        emergencies, including plans for the 
                        mobility of--
                                  (I) emergency response 
                                personnel and equipment; and
                                  (II) access to emergency 
                                services, including for 
                                vulnerable or disadvantaged 
                                populations;
                          (iii) describe the resilience 
                        improvement policies, including 
                        strategies, land-use and zoning 
                        changes, investments in natural 
                        infrastructure, or performance measures 
                        that will inform the transportation 
                        investment decisions of the State or 
                        metropolitan planning organization with 
                        the goal of increasing resilience;
                          (iv) include an investment plan 
                        that--
                                  (I) includes a list of 
                                priority projects; and
                                  (II) describes how funds 
                                apportioned to the State under 
                                section 104(b)(8) or provided 
                                by a grant under the program 
                                would be invested and matched, 
                                which shall not be subject to 
                                fiscal constraint requirements; 
                                and
                          (v) use science and data and indicate 
                        the source of data and methodologies; 
                        and
                  (E) shall, as appropriate--
                          (i) include a description of how the 
                        plan will improve the ability of the 
                        State or metropolitan planning 
                        organization--
                                  (I) to respond promptly to 
                                the impacts of weather events 
                                and natural disasters; and
                                  (II) to be prepared for 
                                changing conditions, such as 
                                sea level rise and increased 
                                flood risk;
                          (ii) describe the codes, standards, 
                        and regulatory framework, if any, 
                        adopted and enforced to ensure 
                        resilience improvements within the 
                        impacted area of proposed projects 
                        included in the resilience improvement 
                        plan;
                          (iii) consider the benefits of 
                        combining hard surface transportation 
                        assets, and natural infrastructure, 
                        through coordinated efforts by the 
                        Federal Government and the States;
                          (iv) assess the resilience of other 
                        community assets, including buildings 
                        and housing, emergency management 
                        assets, and energy, water, and 
                        communication infrastructure;
                          (v) use a long-term planning period; 
                        and
                          (vi) include such other information 
                        as the State or metropolitan planning 
                        organization considers appropriate.
          (3) No new planning requirements.--Nothing in this 
        section requires a metropolitan planning organization 
        or a State to develop a resilience improvement plan or 
        to include a resilience improvement plan under the 
        metropolitan transportation plan under section 134 or 
        the long-range statewide transportation plan under 
        section 135, as applicable, of the metropolitan 
        planning organization or State.
  (f) Monitoring.--
          (1) In general.--Not later than 18 months after the 
        date of enactment of this section, the Secretary 
        shall--
                  (A) establish, for the purpose of evaluating 
                the effectiveness and impacts of projects 
                carried out with a grant under subsection (d)--
                          (i) subject to paragraph (2), 
                        transportation and any other metrics as 
                        the Secretary determines to be 
                        necessary; and
                          (ii) procedures for monitoring and 
                        evaluating projects based on those 
                        metrics; and
                  (B) select a representative sample of 
                projects to evaluate based on the metrics and 
                procedures established under subparagraph (A).
          (2) Notice.--Before adopting any metrics described in 
        paragraph (1), the Secretary shall--
                  (A) publish the proposed metrics in the 
                Federal Register; and
                  (B) provide to the public an opportunity for 
                comment on the proposed metrics.
  (g) Reports.--
          (1) Reports from eligible entities.--Not later than 1 
        year after the date on which a project carried out with 
        a grant under subsection (d) is completed, the eligible 
        entity that carried out the project shall submit to the 
        Secretary a report on the results of the project and 
        the use of the funds awarded.
          (2) Reports to congress.--
                  (A) Annual reports.--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, and publish on the website 
                of the Department of Transportation, an annual 
                report that describes the implementation of the 
                program during the preceding calendar year, 
                including--
                          (i) each project for which a grant 
                        was provided under subsection (d);
                          (ii) information relating to project 
                        applications received;
                          (iii) the manner in which the 
                        consultation requirements were 
                        implemented under subsection (d);
                          (iv) recommendations to improve the 
                        administration of subsection (d), 
                        including whether assistance from 
                        additional or fewer agencies to carry 
                        out the program is appropriate;
                          (v) the period required to disburse 
                        grant funds to eligible entities based 
                        on applicable Federal coordination 
                        requirements; and
                          (vi) a list of facilities that 
                        repeatedly require repair or 
                        reconstruction due to emergency events.
                  (B) Final report.--Not later than 5 years 
                after the date of enactment of the Surface 
                Transportation Reauthorization Act of 2021, the 
                Secretary shall submit to Congress a report 
                that includes the results of the reports 
                submitted under subparagraph (A).
           * * * * * * *

                           TITLE 23--HIGHWAYS

                       CHAPTER 2--OTHER HIGHWAYS

           * * * * * * *

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.-- * * *
           * * * * * * *
          (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] be up to 100 percent.
  (c) Transportation Planning.--
          (1) Transportation planning procedures.-- * * *
           * * * * * * *
          (6) Data collection.--
                  (A) Data collection.--
                          (i) In general.--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.
                          (ii) Requirement.--Data collected to 
                        implement the tribal transportation 
                        program shall be in accordance with the 
                        Indian Self-Determination and Education 
                        Assistance Act [(25 U.S.C. 450 et 
                        seq.)] (25 U.S.C. 5301 et seq.).
           * * * * * * *
          (8) Funding.--
                  (A) In general.--To carry out the activities 
                described in this subsection for Federal lands 
                transportation facilities, Federal lands access 
                transportation facilities, and other federally 
                owned roads open to public travel (as that term 
                is defined in section 125(e)), the Secretary 
                shall for each fiscal year combine and use not 
                greater than [5 percent] 20 percent of the 
                funds authorized for programs under sections 
                203 and 204.
           * * * * * * *
  (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--
           * * * * * * *
  (f) Alternative Contracting Methods.--
          (1) In general.--Notwithstanding any other provision 
        of law (including the Federal Acquisition Regulation), 
        a contracting method available to a State under this 
        title may be used by the Secretary, on behalf of--
                  (A) a Federal land management agency, in 
                using any funds pursuant to section 203, 204, 
                or 308;
                  (B) a Federal land management agency, in 
                using any funds pursuant to section 1535 of 
                title 31 for any of the eligible uses described 
                in sections 203(a)(1) and 204(a)(1) and 
                paragraphs (1) and (2) of section 308(a); or
                  (C) a Tribal government, in using funds 
                pursuant to section 202(b)(7)(D).
          (2) Methods described.--The contracting methods 
        referred to in paragraph (1) shall include, at a 
        minimum--
                  (A) project bundling;
                  (B) bridge bundling;
                  (C) design-build contracting;
                  (D) 2-phase contracting;
                  (E) long-term concession agreements; and
                  (F) any method tested, or that could be 
                tested, under an experimental program relating 
                to contracting methods carried out by the 
                Secretary.
          (3) Effect.--Nothing in this subsection--
                  (A) affects the application of the Federal 
                share for the project carried out with a 
                contracting method under this subsection; or
                  (B) modifies the point of obligation of 
                Federal salaries and expenses.
           * * * * * * *

Sec. 202. Tribal transportation program

  (a) Use of Funds.--
          (1) In general.-- * * *
           * * * * * * *
          (7) Tribal technical assistance centers.-- * * *
           * * * * * * *
          (10) 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))] (25 U.S.C. 
                5307(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.-- * * *
           * * * * * * *
          (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 the Indian Self-
        Determination and Education Assistance Act [(25 U.S.C. 
        450 et seq.)] (25 U.S.C. 5301 et seq.),1 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
                  (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?1 
                Indian Self-Determination and Education 
                Assistance Act [(25 U.S.C. 450 et seq.)] (25 
                U.S.C. 5301 et seq.).1
                  (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 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.)] (25 U.S.C. 5301 et seq.),1 
                contracts and agreements for the planning, 
                research, design, engineering, construction, 
                and maintenance relating to the program or 
                project.
                  (B) Exclusion of agency participation.-- * * 
                *
           * * * * * * *
                  (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.)] (25 
                        U.S.C. 5301 et seq.)1 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.)] (25 U.S.C. 5301 et seq.).1
                  (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.)] (25 
                U.S.C. 5301 et seq.)1
                  (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.)] (25 U.S.C. 5301 et seq.),1 
                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.)[ (25 
        U.S.C. 5301 et seq.).1
          (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] bridges eligible for the tribal 
        transportation program classified as in poor condition, 
        having low load capacity, or needing geometric 
        improvements.
          [(2) Funding.--Before making any distribution under 
        subsection (b), the Secretary shall set aside not more 
        than 3 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.]
          (2) Use of funds.--Funds made available to carry out 
        this subsection shall be used--
                  (A) to carry out any planning, design, 
                engineering, preconstruction, construction, and 
                inspection of new or replacement tribal 
                transportation facility bridges;
                  (B) 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
                  (C) to implement any countermeasure for 
                tribal transportation facility bridges 
                classified as in poor condition, having a low 
                load capacity, or needing geometric 
                improvements, 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] classified as in poor 
                condition, having a low load capacity, or 
                needing geometric improvements.
          (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] 4 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.
           * * * * * * *

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) * * *
           * * * * * * *
                  (D) not more [$10,000,000] $20,000,000 of the 
                amounts made available per fiscal year to carry 
                out this section for activities eligible under 
                subparagraph (A)(iv)(I).
           * * * * * * *
          (6) Native plant materials.--In carrying out an 
        activity described in paragraph (1), the entity 
        carrying out the activity shall consider, to the 
        maximum extent practicable--
                  (A) the use of locally adapted native plant 
                materials; and
                  (B) designs that minimize runoff and heat 
                generation.
           * * * * * * *
  (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 unless the Secretary 
determines that the bicycle level of service on that roadway is 
rated B or higher.
  (e) Efficient Implementation of NEPA.--
          (1) Definitions.--In this subsection:
                  (A) Environmental document.--The term 
                `environmental document' means an environmental 
                impact statement, environmental assessment, 
                categorical exclusion, or other document 
                prepared under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                  (B) Project.--The term `project' means a 
                highway project, public transportation capital 
                project, or multimodal project that--
                          (i) receives funds under this title; 
                        and
                          (ii) is authorized under this section 
                        or section 204.
                  (C) Project sponsor.--The term `project 
                sponsor' means the Federal land management 
                agency that seeks or receives funds under this 
                title for a project.
          (2) Environmental review to be completed by federal 
        highway administration.--The Federal Highway 
        Administration may prepare an environmental document 
        pursuant to the implementing procedures of the Federal 
        Highway Administration to comply with the requirements 
        of the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) if--
                  (A) requested by a project sponsor; and
                  (B) all areas of analysis required by the 
                project sponsor can be addressed.
          (3) Federal land management agencies adoption of 
        existing environmental review documents.--
                  (A) In general.--To the maximum extent 
                practicable, if the Federal Highway 
                Administration prepares an environmental 
                document pursuant to paragraph (2), that 
                environmental document shall address all areas 
                of analysis required by a Federal land 
                management agency.
                  (B) Independent evaluation.--Notwithstanding 
                any other provision of law, a Federal land 
                management agency shall not be required to 
                conduct an independent evaluation to determine 
                the adequacy of an environmental document 
                prepared by the Federal Highway Administration 
                pursuant to paragraph (2).
                  (C) Use of same document.--In authorizing or 
                implementing a project, a Federal land 
                management agency may use an environmental 
                document previously prepared by the Federal 
                Highway Administration for a project addressing 
                the same or substantially the same action to 
                the same extent that the Federal land 
                management agency could adopt or use a document 
                previously prepared by another Federal agency.
          (4) Application by federal land management agencies 
        of categorical exclusions established by federal 
        highway administration.--In carrying out requirements 
        under the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.) for a project, the project sponsor 
        may use categorical exclusions designated under that 
        Act in the implementing regulations of the Federal 
        Highway Administration, subject to the conditions 
        that--
                  (A) the project sponsor makes a 
                determination, in consultation with the Federal 
                Highway Administration, that the categorical 
                exclusion applies to the project;
                  (B) the project satisfies the conditions for 
                a categorical exclusion under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.); and
                  (C) the use of the categorical exclusion does 
                not otherwise conflict with the implementing 
                regulations of the project sponsor, except any 
                list of the project sponsor that designates 
                categorical exclusions.
          (5) Mitigation commitments.--The Secretary shall 
        assist the Federal land management agency with all 
        design and mitigation commitments made jointly by the 
        Secretary and the project sponsor in any environmental 
        document prepared by the Secretary in accordance with 
        this subsection.

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, context-sensitive 
                solutions, 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 
                        , including interpretive panels in or 
                        adjacent to those 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 to improve 
                        public safety and reduce vehicle-caused 
                        wildlife mortality while maintaining 
                        habitat connectivity;
                          (v) construction and reconstruction 
                        of roadside rest areas, including 
                        sanitary and water facilities; [and]
                          (vi) contextual wayfinding markers;
                          (vii) landscaping;
                          (viii) cooperative mitigation of 
                        visual blight, including screening or 
                        removal; and
                          [(vi)] (ix) other appropriate public 
                        road facilities, as determined by the 
                        Secretary;
           * * * * * * *
          (6) Native plant materials.--In carrying out an 
        activity described in paragraph (1), the Secretary 
        shall ensure that the entity carrying out the activity 
        considers, to the maximum extent practicable--
                  (A) the use of locally adapted native plant 
                materials; and
                  (B) designs that minimize runoff and heat 
                generation.
           * * * * * * *

Sec. 206. Recreational trails program

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Motorized recreation.-- * * *
           * * * * * * *
  (d) Use of Apportioned Funds.--
          (1) In general.--Funds apportioned to a State to 
        carry out this section shall be obligated for 
        recreational trails and related projects that--
                  (A) * * *
           * * * * * * *
                  (G) development and dissemination of 
                publications and operation of educational 
                programs to promote safety and environmental 
                protection, (as those objectives relate to one 
                or more of the [use of recreational trails] 
                uses of recreational trails, supporting non-law 
                enforcement trail safety and trail use 
                monitoring patrol programs, and providing 
                trail-related training), but in an amount not 
                to exceed 5 percent of the apportionment made 
                to the State for the fiscal year; and
           * * * * * * *
  (i) Contract Authority.--Funds authorized to carry out this 
section shall be available for obligation in the same manner as 
if the funds were apportioned under chapter 1, except that the 
Federal share of the cost of a project under this section shall 
be determined in accordance with this section.
  (j) Use of Other Apportioned Funds.--Funds apportioned to a 
State under section 104(b) that are obligated for a 
recreational trail or a related project shall be administered 
as if the funds were made available to carry out this section.

Sec. 207. Tribal transportation self-governance program

  (a) Establishment.--Subject to the requirements of this 
section, the Secretary shall establish and carry out a program 
to be known as the tribal transportation self-governance 
program. The Secretary may delegate responsibilities for 
administration of the program as the Secretary determines 
appropriate.
  (b) Eligibility.--
          (1) In general.-- * * *
           * * * * * * *
  (g) Cost Principles.--In administering funds received under 
this section, an Indian tribe shall apply cost principles under 
the applicable Office of Management and Budget circular, except 
as modified by section 106 of the Indian Self-Determination and 
Education Assistance Act [(25 U.S.C. 450j-1)] (25 U.S.C. 
5325),her provisions of law, or by any exemptions to applicable 
Office of Management and Budget circulars subsequently granted 
by the Office of Management and Budget. No other audit or 
accounting standards shall be required by the Secretary. Any 
claim by the Federal Government against the Indian tribe 
relating to funds received under a funding agreement based on 
any audit conducted pursuant to this subsection shall be 
subject to the provisions of section 106(f) of that Act [(25 
U.S.C. 450j-1(f))] (25 U.S.C. 5325(f)).
           * * * * * * *
  (l) Applicability of Indian Self-Determination and Education 
Assistance Act.--Except to the extent in conflict with this 
section (as determined by the Secretary), the following 
provisions of the Indian Self-Determination and Education 
Assistance Act shall apply to compact and funding agreements 
(except that any reference to the Secretary of the Interior or 
the Secretary of Health and Human Services in such provisions 
shall be treated as a reference to the Secretary of 
Transportation):
          (1) Subsections (a), (b), (d), (g), and (h) of 
        section 506 of such Act [(25 U.S.C. 458aaa-5)] (25 
        U.S.C. 5386),1 relating to general 
        provisions.
          (2) Subsections (b) through (e) and (g) of section 
        507 of such Act [(25 U.S.C. 458aaa-6)] (25 U.S.C. 
        5387),1 relating to provisions relating to 
        the Secretary of Health and Human Services.
          (3) Subsections (a), (b), (d), (e), (g), (h), (i), 
        and (k) of section 508 of such Act [(25 U.S.C. 458aaa-
        7)] (25 U.S.C. 5388),1 relating to transfer 
        of funds.
          (4) Section 510 of such Act [(25 U.S.C. 458aaa-9)] 
        (25 U.S.C. 5390),1 relating to Federal 
        procurement laws and regulations.
          (5) Section 511 of such Act [(25 U.S.C. 458aaa-10)] 
        (25 U.S.C. 5391),1 relating to civil 
        actions.
          (6) Subsections (a)(1), (a)(2), and (c) through (f) 
        of section 512 of such Act [(25 U.S.C. 458aaa-11)] (25 
        U.S.C. 5392),1 relating to facilitation, 
        except that subsection (c)(1) of that section shall be 
        applied by substituting ``transportation facilities and 
        other facilities'' for ``school buildings, hospitals, 
        and other facilities''.
          (7) Subsections (a) and (b) of section 515 of such 
        Act [(25 U.S.C. 458aaa-14)] (25 U.S.C. 5395),1 
        relating to disclaimers.
          (8) Subsections (a) and (b) of section 516 of such 
        Act [(25 U.S.C. 458aaa-15)] (25 U.S.C. 5396),1 
        relating to application of title I provisions.
          (9) Section 518 of such Act )(25 U.S.C. 458aaa-17)] 
        (25 U.S.C. 5398),1 relating to appeals.
  (m) Definitions.--
          (1) In general.--In this section, the following 
        definitions apply (except as otherwise expressly 
        provided):
                  (A) Compact.--
          (2) Applicability of other definitions.--In this 
        section, the definitions set forth in sections 4 and 
        [505] 5011 of the Indian Self-Determination 
        and Education Assistance Act [(25 U.S.C. 450b; 458aaa)] 
        (25 U.S.C. 5304; 5381)1 apply, except as 
        otherwise expressly provided in this section.
           * * * * * * *

Sec. 208. Safe routes to school

  (a) Definitions.--In this section:
          (1) In the vicinity of schools.--The term `in the 
        vicinity of schools', with respect to a school, means 
        the approximately 2-mile area within bicycling and 
        walking distance of the school.
          (2) Primary, middle, and high schools.--The term 
        `primary, middle, and high schools' means schools 
        providing education from kindergarten through 12th 
        grade.
  (b) Establishment.--Subject to the requirements of this 
section, the Secretary shall establish and carry out a safe 
routes to school program for the benefit of children in 
primary, middle, and high schools.
  (c) Purposes.--The purposes of the program established under 
subsection (b) shall be--
          (1) to enable and encourage children, including those 
        with disabilities, to walk and bicycle to school;
          (2) to make bicycling and walking to school a safer 
        and more appealing transportation alternative, thereby 
        encouraging a healthy and active lifestyle from an 
        early age; and
          (3) to facilitate the planning, development, and 
        implementation of projects and activities that will 
        improve safety and reduce traffic, fuel consumption, 
        and air pollution in the vicinity of schools.
  (d) Apportionment of Funds.--
          (1) In general.--Subject to paragraphs (2), (3), and 
        (4), amounts made available to carry out this section 
        for a fiscal year shall be apportioned among the States 
        so that each State receives the amount equal to the 
        proportion that--
                  (A) the total student enrollment in primary, 
                middle, and high schools in each State; bears 
                to
                  (B) the total student enrollment in primary, 
                middle, and high schools in all States.
          (2) Minimum apportionment.--No State shall receive an 
        apportionment under this section for a fiscal year of 
        less than $1,000,000.
          (3) Set-aside for administrative expenses.--Before 
        apportioning under this subsection amounts made 
        available to carry out this section for a fiscal year, 
        the Secretary shall set aside not more than $3,000,000 
        of those amounts for the administrative expenses of the 
        Secretary in carrying out this section.
          (4) Determination of student enrollments.--
        Determinations under this subsection relating to 
        student enrollments shall be made by the Secretary.
  (e) Administration of Amounts.--Amounts apportioned to a 
State under this section shall be administered by the State 
department of transportation.
  (f) Eligible Recipients.--Amounts apportioned to a State 
under this section shall be used by the State to provide 
financial assistance to State, local, Tribal, and regional 
agencies, including nonprofit organizations, that demonstrate 
an ability to meet the requirements of this section.
  (g) Eligible Projects and Activities.--
          (1) Infrastructure-related projects.--
                  (A) In general.--Amounts apportioned to a 
                State under this section may be used for the 
                planning, design, and construction of 
                infrastructure-related projects that will 
                substantially improve the ability of students 
                to walk and bicycle to school, including 
                sidewalk improvements, traffic calming and 
                speed reduction improvements, pedestrian and 
                bicycle crossing improvements, on-street 
                bicycle facilities, off-street bicycle and 
                pedestrian facilities, secure bicycle parking 
                facilities, and traffic diversion improvements 
                in the vicinity of schools.
                  (B) Location of projects.--Infrastructure-
                related projects under subparagraph (A) may be 
                carried out on any public road or any bicycle 
                or pedestrian pathway or trail in the vicinity 
                of schools.
          (2) Noninfrastructure-related activities.--
                  (A) In general.--In addition to projects 
                described in paragraph (1), amounts apportioned 
                to a State under this section may be used for 
                noninfrastructure-related activities to 
                encourage walking and bicycling to school, 
                including public awareness campaigns and 
                outreach to press and community leaders, 
                traffic education and enforcement in the 
                vicinity of schools, student sessions on 
                bicycle and pedestrian safety, health, and 
                environment, and funding for training, 
                volunteers, and managers of safe routes to 
                school programs.
                  (B) Allocation.--Not less than 10 percent and 
                not more than 30 percent of the amount 
                apportioned to a State under this section for a 
                fiscal year shall be used for 
                noninfrastructure-related activities under this 
                paragraph.
          (3) Safe routes to school coordinator.--Each State 
        shall use a sufficient amount of the apportionment of 
        the State for each fiscal year to fund a full-time 
        position of coordinator of the safe routes to school 
        program of the State.
  (h) Clearinghouse.--
          (1) In general.--The Secretary shall make grants to a 
        national nonprofit organization engaged in promoting 
        safe routes to schools--
                  (A) to operate a national safe routes to 
                school clearinghouse;
                  (B) to develop information and educational 
                programs on safe routes to school; and
                  (C) to provide technical assistance and 
                disseminate techniques and strategies used for 
                successful safe routes to school programs.
          (2) Funding.--The Secretary shall carry out this 
        subsection using amounts set aside for administrative 
        expenses under subsection (d)(3).
  (i) Treatment of Projects.--Notwithstanding any other 
provision of law, a project assisted under this section shall 
be treated as a project on a Federal-aid highway under chapter 
1.
           * * * * * * *

Sec. 217. Bicycle transportation and pedestrian walkways

  (a) Use of STP and Congestion Mitigation Program Funds.--
Subject to project approval by the Secretary, a State may 
obligate funds apportioned to it under sections 104(b)(2) and 
104(b)(4) of this title for construction of [pedestrian 
walkways and bicycle]pedestrian walkways and bicycle and shared 
micromobility transportation facilities and for carrying out 
nonconstruction projects related to [safe bicycle use] safe 
access for bicyclists and pedestrians.
           * * * * * * *
  (d) State Bicycle and Pedestrian Coordinators.--Each State 
receiving an apportionment under sections 104(b)(2) and 
[104(b)(3)] 104(b)(4) of this title shall use such amount of 
the apportionment as may be necessary to fund in the State 
department of transportation [a position] up to 2 positions of 
bicycle and pedestrian coordinator for promoting and 
facilitating the increased use of nonmotorized modes of 
transportation, including developing facilities for the use of 
pedestrians and bicyclists and public education, promotional, 
and safety programs for using such facilities.
  (e) Bridges.--In any case where a highway bridge deck being 
replaced or rehabilitated with Federal financial participation 
is located on a highway on which [bicycles] pedestrians or 
bicyclists are permitted to operate at each end of such bridge, 
and the Secretary determines that the safe accommodation of 
[bicycles] pedestrians or bicyclists can be provided at 
reasonable cost as part of such replacement or rehabilitation, 
then such bridge shall be so replaced or rehabilitated as to 
provide such safe accommodations.
  (f) Federal Share.--For all purposes of this title, 
construction of a pedestrian walkway [and a bicycle] or a 
bicycle or shared micromobility transportation facility shall 
be deemed to be a highway project and the Federal share payable 
on account of such construction shall be determined in 
accordance with section 120(b).
           * * * * * * *
  (j) Definitions.--In this section, the following definitions 
apply:
          (1) Bicycle transportation facility.-- * * *
           * * * * * * *
          [(2) Electric bicycle.--The term ``electric bicycle'' 
        means any bicycle or tricycle with a low-powered 
        electric motor weighing under 100 pounds, with a top 
        motor-powered speed not in excess of 20 miles per 
        hour.]
          (2) Electric bicycle.--
                  (A) In general.--The term `electric bicycle' 
                means a bicycle--
                          (i) equipped with fully operable 
                        pedals, a saddle or seat for the rider, 
                        and an electric motor of less than 750 
                        watts;
                          (ii) that can safely share a bicycle 
                        transportation facility with other 
                        users of such facility; and
                          (iii) that is a class 1 electric 
                        bicycle, class 2 electric bicycle, or 
                        class 3 electric bicycle.
                  (B) Classes of electric bicycles.--
                          (i) Class 1 electric bicycle.--For 
                        purposes of subparagraph (A)(iii), the 
                        term `class 1 electric bicycle' means 
                        an electric bicycle, other than a class 
                        3 electric bicycle, equipped with a 
                        motor that--
                                  (I) provides assistance only 
                                when the rider is pedaling; and
                                  (II) ceases to provide 
                                assistance when the speed of 
                                the bicycle reaches or exceeds 
                                20 miles per hour.
                          (ii) Class 2 electric bicycle.--For 
                        purposes of subparagraph (A)(iii), the 
                        term `class 2 electric bicycle' means 
                        an electric bicycle equipped with a 
                        motor that--
                                  (I) may be used exclusively 
                                to propel the bicycle; and
                                  (II) is not capable of 
                                providing assistance when the 
                                speed of the bicycle reaches or 
                                exceeds 20 miles per hour.
                          (iii) Class 3 electric bicycle.--For 
                        purposes of subparagraph (A)(iii), the 
                        term `class 3 electric bicycle' means 
                        an electric bicycle equipped with a 
                        motor that--
                                  (I) provides assistance only 
                                when the rider is pedaling; and
                                  (II) ceases to provide 
                                assistance when the speed of 
                                the bicycle reaches or exceeds 
                                28 miles per hour.
           * * * * * * *

[Sec. 218. Alaska Highway

  (a) Notwithstanding any other provision of law upon agreement 
with the State of Alaska, the Secretary is authorized to expend 
on the Alaska Marine Highway System any Federal-aid highway 
funds apportioned to the State of Alaska under this title at a 
Federal share of 100 per centum.
  (b) For purposes of this section, the term ``Alaska Marine 
Highway System'' includes all existing or planned 
transportation facilities and equipment in Alaska, including 
the lease, purchase, or construction of vessels, terminals, 
docks, floats, ramps, staging areas, parking lots, bridges and 
approaches thereto, and necessary roads.]

Sec. 218. Alaska Highway

  (a) 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 at Beaver Creek, Yukon 
Territory, to Haines Junction in Canada and the Haines Cutoff 
Highway from Haines Junction in Canada to Haines, Alaska, the 
Secretary may provide for the necessary reconstruction of the 
highway using funds awarded through an applicable competitive 
grant program, if the highway meets all applicable eligibility 
requirements for the program, except for the specific 
requirements established by the agreement for the Alaska 
Highway Project between the Government of the United States and 
the Government of Canada. In addition to the funds described in 
the previous sentence, notwithstanding any other provision of 
law and on agreement with the State of Alaska, the Secretary is 
authorized 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 at a Federal share of 100 per 
centum. No expenditures shall be made for the construction of 
the portion of such highways that are in Canada unless an 
agreement is in place between the Government of Canada and the 
Government of the United States (including an agreement in 
existence on the date of enactment of the Surface 
Transportation Reauthorization Act of 2021) that provides, in 
part, that the Canadian Government--
          (1) will provide, without participation of funds 
        authorized under this title, all necessary right-of-way 
        for the reconstruction of such highways;
          (2) will not impose any highway toll, or permit any 
        such toll to be charged for the use of such highways by 
        vehicles or persons;
          (3) will not levy or assess, directly or indirectly, 
        any fee, tax, or other charge for the use of such 
        highways by vehicles or persons from the United States 
        that does not apply equally to vehicles or persons of 
        Canada;
          (4) will continue to grant reciprocal recognition of 
        vehicle registration and driver's licenses in 
        accordance with agreements between the United States 
        and Canada; and
          (5) will maintain such highways after their 
        completion in proper condition adequately to serve the 
        needs of present and future traffic.
  (b) The survey and construction work undertaken in Canada 
pursuant to this section shall be under the general supervision 
of the Secretary.
  (c) For purposes of this section, the term `Alaska Marine 
Highway System' includes all existing or planned transportation 
facilities and equipment in Alaska, including the lease, 
purchase, or construction of vessels, terminals, docks, floats, 
ramps, staging areas, parking lots, bridges and approaches 
thereto, and necessary roads.
           * * * * * * *

                           TITLE 23--HIGHWAYS

                     CHAPTER 3--GENERAL PROVISIONS

                                      Sec.

Sec. 301. Freedom from tolls

  Except as provided in section 129 of this title with respect 
to certain toll bridges and toll tunnels, all highways 
constructed under the provisions of this title shall be free 
from tolls of all kinds.
           * * * * * * *

Sec. 308. Cooperation with Federal and State agencies and foreign 
                    countries

  (a) Authorized Activities.--
          (1) In general.-- * * *
           * * * * * * *
          (4) Alternative contracting methods.--
                  (A) In general.--Notwithstanding any other 
                provision of law (including the Federal 
                Acquisition Regulation), in performing services 
                under paragraph (1), the Secretary may use any 
                contracting method available to a State under 
                this title.
                  (B) Methods described.--The contracting 
                methods referred to in subparagraph (A) shall 
                include, at a minimum--
                          (i) project bundling;
                          (ii) bridge bundling;
                          (iii) design-build contracting;
                          (iv) 2-phase contracting;
                          (v) long-term concession agreements; 
                        and
                          (vi) any method tested, or that could 
                        be tested, under an experimental 
                        program relating to contracting methods 
                        carried out by the Secretary.
           * * * * * * *

Sec. 313. Buy America

  (a) * * *
           * * * * * * *
  (f) Limitation on Applicability of Waivers to Products 
Produced in Certain Foreign Countries.-- * * *
           * * * * * * *
  (g) Waivers.--
          (1) In general.--Not less than 15 days before issuing 
        a waiver under this section, the Secretary shall 
        provide to the public--
                  (A) notice of the proposed waiver;
                  (B) an opportunity for comment on the 
                proposed waiver; and
                  (C) the reasons for the proposed waiver.
          (2) Report.--Not less frequently than annually, 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 report on the waivers provided under 
        this section.
  [(g)] (h) Application to Highway Programs.--The requirements 
under this section shall apply to all contracts eligible for 
assistance under this chapter for a project carried out within 
the scope of the applicable finding, determination, or decision 
under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.), regardless of the funding source of such 
contracts, if at least 1 contract for the project is funded 
with amounts made available to carry out this title.
           * * * * * * *

Sec. 323. Donations and credits

  (a) Donations of Property Being Acquired.-- * * *
           * * * * * * *
  (d) Procedures.--A gift or donation in accordance with 
subsection (a) may be made at any time during the development 
of a project. Any document executed as part of such donation 
prior to the approval of an environmental document prepared 
pursuant to the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) shall clearly indicate that--
           * * * * * * *

Sec. 326. State assumption of responsibility for categorical exclusions

  (a) Categorical Exclusion Determinations.--
          (1) In general.-- * * *
           * * * * * * *
  (c) Memoranda of Understanding.--
          (1) In general.-- * * *
           * * * * * * *
          (3) Term.--A memorandum of understanding--
                  [(A) shall have a term of not more than 3 
                years; and]
                  (A) except as provided under subparagraph 
                (C), shall have a term of not more than 3 
                years;
                  (B) shall be renewable[.] ; and
                  (C) shall have a term of 5 years, in the case 
                of a State that has assumed the responsibility 
                for categorical exclusions under this section 
                for not fewer than 10 years.
           * * * * * * *

Sec. 327. Surface transportation project delivery program

  (a) Establishment.--
          (1) In general.--The Secretary shall carry out a 
        surface transportation project delivery program 
        (referred to in this section as the ``program'').
          (2) Assumption of responsibility.--
                  (A) In general.-- * * *
           * * * * * * *
                  (G) 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 , including the payment of 
                fees awarded under section 2412 of title 28.
           * * * * * * *
  (c) Written Agreement.--A written agreement under this 
section shall--
          (1) * * *
           * * * * * * *
          [(5) have a term of not more than 5 years; and]
          (5) except as provided under paragraph (7), have a 
        term of not more than 5 years;
          (6) be renewable[.] ; and
          (7) for any State that has participated in a program 
        under this section (or under a predecessor program) for 
        at least 10 years, have a term of 10 years.
           * * * * * * *
  (g) Audits.--
          (1) In general.--To ensure compliance by a State with 
        any agreement of the State under subsection (c) 
        (including compliance by the State with all Federal 
        laws for which responsibility is assumed under 
        subsection (a)(2)), for each State participating in the 
        program under this section, the Secretary shall--
                  (A) not later than 180 days after the date of 
                execution of the agreement, meet with the State 
                to review implementation of the agreement and 
                discuss plans for the first annual audit;
                  (B) conduct annual audits during each of the 
                first 4 years of State participation; [and]
                  (C) in the case of an agreement period of 
                greater than 5 years pursuant to subsection 
                (c)(7), conduct an audit covering the first 5 
                years of the agreement period; and
           * * * * * * *
                  [(C)] (D) ensure that the time period for 
                completing an [annual] audit, from initiation 
                to completion (including public comment and 
                responses to those comments), does not exceed 
                180 days.
  (l) Relationship to Locally Administered Projects.--A State 
granted authority under this section may, as appropriate and at 
the request of a local government--
          (1) * * *
           * * * * * * *
  (m) Agency Deemed to Be Federal Agency.--A State agency that 
is assigned a responsibility under an agreement under this 
section shall be deemed to be an agency for the purposes of 
section 2412 of title 28.
           * * * * * * *

Sec. 330. Program for eliminating duplication of environmental reviews

  (a) Establishment.--
          (1) In general.-- * * *
           * * * * * * *

Sec. 331. Evaluation of projects within an operational right-of-way

  (a) Definitions.--
          (1) Eligible project or activity.--
                  (A) In general.--In this section, the term 
                `eligible project or activity' means a project 
                or activity within an existing operational 
                right-of-way (as defined in section 
                771.117(c)(22) of title 23, Code of Federal 
                Regulations (or successor regulations))--
                          (i)(I) eligible for assistance under 
                        this title; or
                          (II) administered as if made 
                        available under this title;
                          (ii) that is--
                                  (I) a preventive maintenance, 
                                preservation, or highway safety 
                                improvement project (as defined 
                                in section 148(a)); or
                                  (II) a new turn lane that the 
                                State advises in writing to the 
                                Secretary would assist public 
                                safety; and
                          (iii) that--
                                  (I) is classified as a 
                                categorical exclusion under 
                                section 771.117 of title 23, 
                                Code of Federal Regulations (or 
                                successor regulations); or
                                  (II) if the project or 
                                activity does not receive 
                                assistance described in clause 
                                (i) would be considered a 
                                categorical exclusion if the 
                                project or activity received 
                                assistance described in clause 
                                (i).
                  (B) Exclusion.--The term `eligible project or 
                activity' does not include a project to create 
                a new travel lane.
          (2) Preliminary evaluation.--The term `preliminary 
        evaluation', with respect to an application described 
        in subsection (b)(1), means an evaluation that is 
        customary or practicable for the relevant agency to 
        complete within a 45-day period for similar 
        applications.
          (3) Relevant agency.--The term `relevant agency' 
        means a Federal agency, other than the Federal Highway 
        Administration, with responsibility for review of an 
        application from a State for a permit, approval, or 
        jurisdictional determination for an eligible project or 
        activity.
  (b) Action Required.--
          (1) In general.--Subject to paragraph (2), not later 
        than 45 days after the date of receipt of an 
        application by a State for a permit, approval, or 
        jurisdictional determination for an eligible project or 
        activity, the head of the relevant agency shall--
                  (A) make at least a preliminary evaluation of 
                the application; and
                  (B) notify the State of the results of the 
                preliminary evaluation under subparagraph (A).
          (2) Extension.--The head of the relevant agency may 
        extend the review period under paragraph (1) by not 
        more than 30 days if the head of the relevant agency 
        provides to the State written notice that includes an 
        explanation of the need for the extension.
          (3) Failure to act.--If the head of the relevant 
        agency fails to meet a deadline under paragraph (1) or 
        (2), as applicable, the head of the relevant agency 
        shall--
                  (A) not later than 30 days after the date of 
                the missed deadline, submit to the State, the 
                Committee on Environment and Public Works of 
                the Senate, and the Committee on Transportation 
                and Infrastructure of the House of 
                Representatives a report that describes why the 
                deadline was missed; and
                  (B) not later than 14 days after the date on 
                which a report is submitted under subparagraph 
                (A), make publicly available, including on the 
                internet, a copy of that report.

Sec. 332. Pollinator-friendly practices on roadsides and highway 
                    rights-of-way

  (a) In General.--The Secretary shall establish a program to 
provide grants to eligible entities to carry out activities to 
benefit pollinators on roadsides and highway rights-of-way, 
including the planting and seeding of native, locally-
appropriate grasses and wildflowers, including milkweed.
  (b) Eligible Entities.--An entity eligible to receive a grant 
under this section is--
          (1) a State department of transportation;
          (2) an Indian tribe; or
          (3) a Federal land management agency.
  (c) Application.--To be eligible to receive a grant under 
this section, an eligible entity shall submit to the Secretary 
an application at such time, in such manner, and containing 
such information as the Secretary may require, including a 
pollinator-friendly practices plan described in subsection (d).
  (d) Pollinator-friendly Practices Plan.--
          (1) In general.--An eligible entity shall include in 
        the application under subsection (c) a plan that 
        describes the pollinator-friendly practices that the 
        eligible entity has implemented or plans to implement, 
        including--
                  (A) practices relating to mowing strategies 
                that promote early successional vegetation and 
                limit disturbance during periods of highest use 
                by target pollinator species on roadsides and 
                highway rights-of-way, such as--
                          (i) reducing the mowing swath outside 
                        of the State-designated safety zone;
                          (ii) increasing the mowing height;
                          (iii) reducing the mowing frequency;
                          (iv) refraining from mowing monarch 
                        and other pollinator habitat during 
                        periods in which monarchs or other 
                        pollinators are present;
                          (v) use of a flushing bar and cutting 
                        at reduced speeds to reduce pollinator 
                        deaths due to mowing; or
                          (vi) reducing raking along roadsides 
                        and highway rights-of-way;
                  (B) implementation of an integrated 
                vegetation management plan that includes 
                approaches such as mechanical tree and brush 
                removal, targeted and judicious use of 
                herbicides, and mowing, to address weed issues 
                on roadsides and highway rights-of-way;
                  (C) planting or seeding of native, locally-
                appropriate grasses and wildflowers, including 
                milkweed, on roadsides and highway rights-of-
                way to enhance pollinator habitat, including 
                larval host plants;
                  (D) removing nonnative grasses from planting 
                and seeding mixes, except for use as nurse or 
                cover crops;
                  (E) obtaining expert training or assistance 
                on pollinator-friendly practices, including--
                          (i) native plant identification;
                          (ii) establishment and management of 
                        locally-appropriate native plants that 
                        benefit pollinators;
                          (iii) land management practices that 
                        benefit pollinators; and
                          (iv) pollinator-focused integrated 
                        vegetation management; or
                  (F) any other pollinator-friendly practices 
                the Secretary determines to be appropriate.
          (2) Coordination.--In developing a plan under 
        paragraph (1), an eligible entity that is a State 
        department of transportation or a Federal land 
        management agency shall coordinate with applicable 
        State agencies, including State agencies with 
        jurisdiction over agriculture and fish and wildlife.
          (3) Consultation.--In developing a plan under 
        paragraph (1)--
                  (A) an eligible entity that is a State 
                department of transportation or a Federal land 
                management agency shall consult with affected 
                or interested Indian tribes; and
                  (B) any eligible entity may consult with 
                nonprofit organizations, institutions of higher 
                education, metropolitan planning organizations, 
                and any other relevant entities.
  (e) Award of Grants.--
          (1) In general.--The Secretary shall provide a grant 
        to each eligible entity that submits an application 
        under subsection (c), including a plan under subsection 
        (d), that the Secretary determines to be satisfactory.
          (2) Amount of grants.--The amount of a grant under 
        this section--
                  (A) shall be based on the number of 
                pollinator-friendly practices the eligible 
                entity has implemented or plans to implement; 
                and
                  (B) shall not exceed $150,000.
  (f) Use of Funds.--An eligible entity that receives a grant 
under this section shall use the funds for the implementation, 
improvement, or further development of the plan under 
subsection (d).
  (g) Federal Share.--The Federal share of the cost of an 
activity carried out with a grant under this section shall be 
100 percent.
  (h) Best Practices.--The Secretary shall develop and make 
available to eligible entities best practices for, and a 
priority ranking of, pollinator-friendly practices on roadsides 
and highway rights-of-way.
  (i) Technical Assistance.--On request of an eligible entity 
that receives a grant under this section, the Secretary shall 
provide technical assistance with the implementation, 
improvement, or further development of a plan under subsection 
(d).
  (j) Administrative Costs.--For each fiscal year, the 
Secretary may use not more than 2 percent of the amounts made 
available to carry out this section for the administrative 
costs of carrying out this section.
  (k) Report.--Not later than 1 year after the date on which 
the first grant is provided under this section, 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 report on the 
implementation of the program under this section.
  (l) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated to carry out this section $2,000,000 for 
        each of fiscal years 2022 through 2026.
          (2) Availability.--Amounts made available under this 
        section shall remain available for a period of 3 years 
        after the last day of the fiscal year for which the 
        funds are authorized.
           * * * * * * *

                           TITLE 23--HIGHWAYS

             CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION

Sec. 501. Definitions

  In this chapter, the following definitions apply:
          (1) Federal laboratory.-- * * *
           * * * * * * *
  (a) National Highway Institute.--
          (1) In general.-- * * *
           * * * * * * *
  (g) Freight Capacity Building Program.--
          (1) Establishment.-- * * *
           * * * * * * *
          (6) Use of funds.--Funds made available for the 
        program established under this subsection may be used 
        for research, program development, information 
        collection and dissemination, and technical assistance. 
        The Secretary may use such funds independently or [make 
        grants or to] make grants to and enter into contracts 
        and cooperative agreements with a Federal agency, State 
        agency, local agency, federally recognized Indian 
        tribal government or tribal consortium, authority, 
        association, nonprofit or for-profit corporation, or 
        institution of higher education, to carry out the 
        purposes of this subsection.
           * * * * * * *

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 under 
        [section 508] section 6503 of title 49.
  (b) Highway Research and Development Program.--
          (1) Objectives.-- * * *
           * * * * * * *
                  (C) carry out research, testing, and 
                evaluation activities; [and]
                  (D) provide technology transfer and technical 
                assistance[.] ; and
                  (E) engage with public and private entities 
                to spur advancement of emerging transformative 
                innovations through accelerated market 
                readiness; and
                  (F) consult frequently with public and 
                private entities on new transportation 
                technologies.
          (2) Improving highway safety.--
                  (A) In general.-- * * *
           * * * * * * *
                  (C) Contents.--Research and technology 
                activities carried out under this paragraph may 
                include--
                          (i) * * *
           * * * * * * *
                          (ix) safety measures for vulnerable 
                        road users, including bicyclists and 
                        pedestrians;
                          (x) safety measures to reduce the 
                        number of wildlife-vehicle collisions;
                          [(x)] xi safety policy studies;
                          [(xi)] xii human factors studies and 
                        measures;
                          [(xii)] xiiisafety technology 
                        deployment;
                          [(xiii)] xiv safety workforce 
                        professional capacity building 
                        initiatives;
                          [(xiv)] xv safety program and process 
                        improvements; and
                          [(xv)] xvi tools and methods to 
                        enhance safety performance, including 
                        achievement of statewide safety 
                        performance targets.
          (3) Improving infrastructure integrity.--
                  (A) In general.--The Secretary shall carry 
                out and facilitate highway and bridge 
                infrastructure research and development 
                activities--
                          (i) * * *
           * * * * * * *
                  (B) Objectives.--In carrying out this 
                paragraph, the Secretary shall carry out 
                research and development activities--
                          (i) * * *
           * * * * * * *
                          (viii) to study vulnerabilities of 
                        the transportation system to seismic 
                        activities and extreme weather events 
                        and methods to reduce those 
                        vulnerabilities.
                  (C) Contents.--Research and technology 
                activities carried out under this paragraph may 
                include--
                          (i) * * *
           * * * * * * *
                          (xv) studies to improve flexibility 
                        and resiliency of infrastructure 
                        systems to withstand extreme weather 
                        events and climate variability;
           * * * * * * *
                          (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; [and]
                          (xix) technology transfer and 
                        adoption of permeable, pervious, or 
                        porous paving materials, practices, and 
                        systems that are designed to minimize 
                        environmental impacts, stormwater 
                        runoff, and flooding and to treat or 
                        remove pollutants by allowing 
                        stormwater to infiltrate through the 
                        pavement in a manner similar to 
                        predevelopment hydrologic conditions[.] 
                        ; and
                          (xx) studies on the deployment and 
                        revenue potential of the deployment of 
                        energy and broadband infrastructure in 
                        highway rights-of-way, including 
                        potential adverse impacts of the use or 
                        nonuse of those rights-of-way.
           * * * * * * *
          (6) Exploratory advanced research.--The Secretary 
        shall carry out research and development activities 
        relating to exploratory advanced research--
                  (A) to leverage the targeted capabilities of 
                the Turner-Fairbank Highway Research Center to 
                develop technologies and innovations of 
                national importance; [and]
                  (B) to develop potentially transformational 
                solutions to improve the durability, 
                efficiency, environmental impact, productivity, 
                and safety aspects of highway and intermodal 
                transportation systems[.] ; and
                  (C) to support research on non-market-ready 
                technologies in consultation with public and 
                private entities.
          (7) Turner-fairbank highway research center.--
                  (A) In general.--The Secretary shall continue 
                to operate in the Federal Highway 
                Administration a Turner-Fairbank Highway 
                Research Center.
                  (B) Uses of the center.--The Turner-Fairbank 
                Highway Research Center shall support 
                innovations by leading--
                          (i) the conduct of highway research 
                        and development relating to emerging 
                        highway technology;
                          (ii) the development of 
                        understandings, tools, and techniques 
                        that provide solutions to complex 
                        technical problems through the 
                        development of economical and 
                        environmentally sensitive designs, 
                        efficient and quality-controlled 
                        construction practices, and durable 
                        materials;
                          (iii) the development of innovative 
                        highway products and practices; [and]
                          (iv) the conduct of long-term, high-
                        risk research to improve the materials 
                        used in highway infrastructure[.] ; and
                          (v) the evaluation of information 
                        from accelerated market readiness 
                        efforts, including non-market-ready 
                        technologies, in consultation with 
                        other offices of the Federal Highway 
                        Administration and key partners.
          (8) Infrastructure investment needs report.--
                  (A) In general.--Not later than July 31, 
                2013, 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.] current conditions 
                and future needs of highways, bridges, and 
                tunnels of the United States, including--
                          (i) the conditions and performance of 
                        the highway network for freight 
                        movement;
                          (ii) intelligent transportation 
                        systems;
                          (iii) resilience needs; and
                          (iv) the backlog of current highway, 
                        bridge, and tunnel needs.
           * * * * * * *
          (9) Analysis tools.--The Secretary may develop 
        interactive modeling tools and databases that--
                  (A) track the full condition of highway 
                assets, including interchanges, and the 
                reconstruction history of those assets;
                  (B) can be used to assess transportation 
                options;
                  (C) allow for the monitoring and modeling of 
                network-level traffic flows on highways; and
                  (D) further Federal and State understanding 
                of the importance of national and regional 
                connectivity and the need for long-distance and 
                interregional passenger and freight travel by 
                highway and other surface transportation modes.
  (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, use of 
        rights-of-way permissible under applicable law, 
        materials, pavements, environment, construction, and 
        the duration of time between project planning and 
        project delivery, with the goals of--
                  (A) * * *
           * * * * * * *
                  (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[.] ; and
                  (F) disseminating and evaluating information 
                from accelerated market readiness efforts, 
                including non-market-ready technologies, to 
                public and private entities.
          (2) Implementation.--
                  (A * * *
           * * * * * * *
                  (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 technical assistance, 
                        and training to researchers and 
                        developers; and
                          (iii) develop [improved tools and 
                        methods to accelerate the adoption] and 
                        deploy improved tools and methods to 
                        accelerate the adoption of early-stage 
                        and proven innovative practices and 
                        technologies and, as the Secretary 
                        determines to be appropriate, support 
                        continued implementation of proven 
                        innovative practices and technologies 
                        as standard practices.
                  (C) Implementation of future strategic 
                highway research program findings and 
                results.--
                          (i) In general.-- * * *
           * * * * * * *
                  (D) Report.--Not later than 2 years after the 
                date of enactment of this subparagraph and 
                every 2 years thereafter, 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 and make publicly available 
                on an internet website a report that 
                describes--
                          (i) the activities the Secretary has 
                        undertaken to carry out the program 
                        established under paragraph (1); and
                          (ii) how and to what extent the 
                        Secretary has worked to disseminate 
                        non-market-ready technologies to public 
                        and private entities.
          (3) Accelerated implementation and deployment of 
        pavement technologies.--
                  (A) In general.-- * * *
           * * * * * * *
                  (B) Goals.--The goals of the accelerated 
                implementation and deployment of pavement 
                technologies program shall include--
                          (i) * * *
           * * * * * * *
                  (C) High-friction surface treatment 
                application study.--
                          (i) Definition of institution.--In 
                        this subparagraph, the term 
                        `institution' means a private sector 
                        entity, public agency, research 
                        university or other research 
                        institution, or organization 
                        representing transportation and 
                        technology leaders or other 
                        transportation stakeholders that, as 
                        determined by the Secretary, is capable 
                        of working with State highway agencies, 
                        the Federal Highway Administration, and 
                        the highway construction industry to 
                        develop and evaluate new products, 
                        design technologies, and construction 
                        methods that quickly lead to pavement 
                        improvements.
                          (ii) Study.--The Secretary shall seek 
                        to enter into an agreement with an 
                        institution to carry out a study on the 
                        use of natural and synthetic calcined 
                        bauxite as a high-friction surface 
                        treatment application on pavement.
                          (iii) Report.--Not later than 18 
                        months after the date of enactment of 
                        the Surface Transportation 
                        Reauthorization Act of 2021, the 
                        Secretary shall submit a report on the 
                        results of the study under clause (ii) 
                        to--
                                  (I) the Committee on 
                                Environment and Public Works of 
                                the Senate;
                                  (II) the Committee on 
                                Transportation and 
                                Infrastructure of the House of 
                                Representatives;
                                  (III) the Federal Highway 
                                Administration; and
                                  (IV) the American Association 
                                of State Highway and 
                                Transportation Officials.
                  [(C)] (D) Funding.--The Secretary shall 
                obligate for each of [fiscal years 2016 through 
                2020] fiscal years 2022 through 2026 from funds 
                made available to carry out this subsection 
                $12,000,000 to accelerate the deployment and 
                implementation of pavement technology.
                  [(D)] (E) Publication.--
                  (D) Publication.--
                          (i) In general.--Not less frequently 
                        than [annually] once every 3 years, the 
                        Secretary shall issue and make 
                        available to the public on an Internet 
                        website a report on the cost and 
                        benefits from deployment of new 
                        technology and innovations that 
                        substantially and directly resulted 
                        from the program established under this 
                        paragraph.
                          (ii) Inclusions.--The report under 
                        clause (i) may include an analysis of--
                                  (I) Federal, State, and local 
                                cost savings;
                                  (II) project delivery time 
                                improvements;
                                  (III) reduced fatalities; 
                                [and]
                                  (IV) congestion impacts[.] ; 
                                and
                                  (V) pavement monitoring and 
                                data collection practices;
                                  (VI) pavement durability and 
                                resilience;
                                  (VII) stormwater management;
                                  (VIII) impacts on vehicle 
                                efficiency;
                                  (IX) the energy efficiency of 
                                the production of paving 
                                materials and the ability of 
                                paving materials to enhance the 
                                environment and promote 
                                sustainability; and
                                  (X) integration of renewable 
                                energy in pavement designs.
          (4) Advanced transportation technologies deployment 
        and innovative mobility.--
                  (A) In general.-- * * *
           * * * * * * *
                  [(A) In general.--Not later than 6 months 
                after the date of enactment of this paragraph, 
                the Secretary shall establish an advanced 
                transportation and congestion management 
                technologies deployment initiative to provide 
                grants to eligible entities to develop model 
                deployment sites for large scale installation 
                and operation of advanced transportation 
                technologies to improve safety, efficiency, 
                system performance, and infrastructure return 
                on investment.]
                  (A) In general.--The Secretary shall provide 
                grants to eligible entities to deploy, install, 
                and operate advanced transportation 
                technologies to improve safety, mobility, 
                efficiency, system performance, intermodal 
                connectivity, and infrastructure return on 
                investment.
                  (B) Criteria.--The Secretary shall develop 
                criteria for selection of an eligible entity to 
                receive a grant under this paragraph, including 
                how the deployment of technology will--
                          (i) reduce costs and improve return 
                        on investments, including through [the 
                        enhanced use] optimization of existing 
                        transportation capacity;
                          (ii) * * *
           * * * * * * *
                          (v) collect, disseminate, and use 
                        real-time traffic, [transit,] work 
                        zone, weather, transit, paratransit, 
                        parking, and other transportation-
                        related information to improve 
                        mobility, reduce congestion, and 
                        provide for more efficient [and 
                        accessible transportation] , 
                        accessible, and integrated 
                        transportation and transportation 
                        services;
                          (vi) facilitate account-based 
                        payments for transportation access and 
                        services and integrate payment systems 
                        across modes;
                          [(vi)] (vii) monitor transportation 
                        assets to improve infrastructure 
                        management, reduce maintenance costs, 
                        prioritize investment decisions, and 
                        ensure a state of good repair;
                          [(vii)] (viii) deliver economic 
                        benefits by reducing delays, improving 
                        system performance, and providing for 
                        the efficient and reliable movement of 
                        goods and services; [or]
                          [(viii)] (x) accelerate the 
                        deployment of vehicle-to-vehicle, 
                        vehicle-to-infrastructure, autonomous 
                        vehicles, and other technologies.
                          (ix) incentivize travelers--
                                  (I) to share trips during 
                                periods in which travel demand 
                                exceeds system capacity; or
                                  (II) to shift trips to 
                                periods in which travel demand 
                                does not exceed system 
                                capacity; or
                  (C) Applications.--
                          (i) Request.--[Not later than 6 
                        months after the date of enactment of 
                        this paragraph, and for every fiscal 
                        year thereafter] Each fiscal year for 
                        which funding is made available for 
                        activities under this paragraph, the 
                        Secretary shall request applications in 
                        accordance with clause (ii).
                          (ii) Contents.--An application 
                        submitted under this subparagraph shall 
                        include the following:
                                  (I) Plan.--A plan to deploy 
                                and provide for the long-term 
                                operation and maintenance of 
                                advanced transportation and 
                                congestion management 
                                technologies to improve safety, 
                                mobility, efficiency, system 
                                performance, and return on 
                                investment.
                                  (II) Objectives.--
                                Quantifiable system performance 
                                improvements, such as--
                                          (aa) reducing 
                                        traffic-related 
                                        crashes, congestion, 
                                        and costs;
                                          (bb) optimizing 
                                        system efficiency; 
                                        [and]
                                          (cc) improving access 
                                        to transportation 
                                        services[.] ; and
                                          (dd) facilitating 
                                        payment for 
                                        transportation 
                                        services.
                                  (III) Results.-- * * *
           * * * * * * *
                  (D) Grant selection.--
                          (i) Grant awards.--[Not later than 1 
                        year after the date of enactment of 
                        this paragraph, and for every fiscal 
                        year thereafter] Each fiscal year for 
                        which funding is made available for 
                        activities under this paragraph, the 
                        Secretary shall award grants to not 
                        less than 5 and not more than 10 
                        eligible entities.
                          (ii) Geographic diversity.--[In 
                        awarding]
                                  (I) In general.--Subject to 
                                subclause (II), in awarding a 
                                grant under this paragraph, the 
                                Secretary shall ensure, to the 
                                extent practicable, that grant 
                                recipients represent diverse 
                                geographic areas of the United 
                                States, including urban and 
                                rural areas.
                                  (II) Rural set-aside.--Not 
                                less than 20 percent of the 
                                amounts made available to carry 
                                out this paragraph shall be 
                                reserved for projects serving 
                                rural areas.
                          (iii) Technology diversity.--In 
                        awarding a grant under this paragraph, 
                        the Secretary shall ensure, to the 
                        extent practicable, that grant 
                        recipients represent diverse technology 
                        solutions.
                  (E) Use of grant funds.--A grant recipient 
                may use funds awarded under this paragraph to 
                deploy advanced transportation and congestion 
                management technologies, including--
                          (i) advanced traveler information 
                        systems;
                          (ii) advanced transportation 
                        management technologies;
                          (iii) advanced transportation 
                        technologies to improve emergency 
                        evacuation and response by Federal, 
                        State, and local authorities;
                          [(iii)] (iv) infrastructure 
                        maintenance, monitoring, and condition 
                        assessment;
                          [(iv)] (v) advanced public 
                        transportation systems;
                          [(v)] (vi) transportation system 
                        performance data collection, analysis, 
                        and dissemination systems;
                          [(vi)] (vii) advanced safety systems, 
                        including vehicle-to-vehicle and 
                        vehicle-to-infrastructure 
                        communications, technologies associated 
                        with autonomous vehicles, and other 
                        collision avoidance technologies, 
                        including systems using cellular 
                        technology;
                          [(vii)] (viii) integration of 
                        intelligent transportation systems with 
                        the Smart Grid and other energy 
                        distribution and charging systems;
                          (ix) integrated corridor management 
                        systems;
                          (x) advanced parking reservation or 
                        variable pricing systems;
                          [(viii)] (xi) electronic pricing , 
                        toll collection, and payment systems; 
                        [or]
                          (xii) technology that enhances high 
                        occupancy vehicle toll lanes, cordon 
                        pricing, or congestion pricing;
                          (xiii) integration of transportation 
                        service payment systems;
                          [(ix)] (xiv) advanced mobility [and 
                        access] , access, and on-demand 
                        transportation service technologies, 
                        such as dynamic ridesharingand other 
                        shared-use mobility applications and 
                        information systems to support human 
                        services for elderly and disabled 
                        individuals[.] ; or
                          (xv) retrofitting dedicated short-
                        range communications (DSRC) technology 
                        deployed as part of an existing pilot 
                        program to cellular vehicle-to-
                        everything (C-V2X) technology.
                  (F) Report to secretary.--For each eligible 
                entity that receives a grant under this 
                paragraph, not later than 1 year after the 
                entity receives the grant, and each year 
                thereafter, the entity shall submit a report to 
                the Secretary that describes--
                          (i) * * *
           * * * * * * *
                                  (IV) lessons learned and 
                                recommendations for future 
                                deployment strategies to 
                                optimize transportation 
                                [efficiency and multimodal 
                                system performance] mobility, 
                                efficiency, multimodal system 
                                performance, and payment system 
                                performance
                  (G) Report.--Not later than 3 years after the 
                date that the first grant is awarded under this 
                paragraph, and each year thereafter, the 
                Secretary shall make available to the public on 
                an Internet website a report that describes the 
                effectiveness of grant recipients in meeting 
                their projected deployment plans, including 
                data provided under subparagraph (F) on how the 
                program has--
                          (i) * * *
           * * * * * * *
                          (v) improved access to transportation 
                        alternatives;
                          (vi) improved integration of payment 
                        systems;
                          [(vi)] (vii) provided the public with 
                        access to real-time integrated traffic, 
                        transit, and multimodal transportation 
                        information to make informed travel 
                        decisions;
                          [(vii)] (viii) provided cost savings 
                        to transportation agencies, businesses, 
                        and the traveling public; or
                          [(viii)](ix)  provided other benefits 
                        to transportation users and the general 
                        public.
           * * * * * * *
                  (I) Funding.--
                          (i) In general.--From funds made 
                        available to carry out subsection (b), 
                        this subsection, and sections 512 
                        through 518, the Secretary shall set 
                        aside for grants awarded under 
                        subparagraph (D) $60,000,000 for each 
                        of [fiscal years 2016 through 2020] 
                        fiscal years 2022 through 2026
           * * * * * * *
                  [(J) Federal share.--The Federal share of the 
                cost of a project for which a grant is awarded 
                under this subsection shall not exceed 50 
                percent of the cost of the project.]
                  (J) Federal share.--
                          (i) In general.--Except as provided 
                        in clause (ii), the Federal share of 
                        the cost of a project for which a grant 
                        is awarded under this subsection shall 
                        not exceed 50 percent.
                          (ii) Certain projects.--The Federal 
                        share of the cost of a project for 
                        which a grant is awarded under this 
                        subsection for activities described in 
                        subparagraph (E)(xv) shall not exceed 
                        80 percent.
           * * * * * * *
                  (N) Definitions.--In this paragraph, the 
                following definitions apply:
                          (i) Eligible entity.--The term 
                        ``eligible entity'' means a State or 
                        local government, a transit agency, 
                        metropolitan planning organization 
                        [representing a population of over 
                        200,000], or other political 
                        subdivision of a State or local 
                        government or a multijurisdictional 
                        group or a consortia of research 
                        institutions or academic institutions.
           * * * * * * *
                          (iii) Multijurisdictional group.--The 
                        term ``multijurisdictional group'' 
                        means [a any] any combination of State 
                        governments, local governments, 
                        metropolitan planning agencies, transit 
                        agencies, or other political 
                        subdivisions of a State for which each 
                        member of the group--
           * * * * * * *
          (4) Advanced transportation technologies 
        deployment.--
                  (A) In general.--Not later than 6 months 
                after the date of enactment of this paragraph, 
                the Secretary shall establish an advanced 
                transportation and congestion management 
                technologies deployment initiative to provide 
                grants to eligible entities to develop model 
                deployment sites for large scale installation 
                and operation of advanced transportation 
                technologies to improve safety, efficiency, 
                system performance, and infrastructure return 
                on investment.
                  (B) Criteria.--The Secretary shall develop 
                criteria for selection of an eligible entity to 
                receive a grant under this paragraph, including 
                how the deployment of technology will--
                          (i) * * *
           * * * * * * *
          (5) Accelerated implementation and deployment of 
        advanced digital construction management systems.--
                  (A) In general.--The Secretary shall 
                establish and implement a program under the 
                technology and innovation deployment program 
                established under paragraph (1) to promote, 
                implement, deploy, demonstrate, showcase, 
                support, and document the application of 
                advanced digital construction management 
                systems, practices, performance, and benefits.
                  (B) Goals.--The goals of the accelerated 
                implementation and deployment of advanced 
                digital construction management systems program 
                established under subparagraph (A) shall 
                include--
                          (i) accelerated State adoption of 
                        advanced digital construction 
                        management systems applied throughout 
                        the construction lifecycle (including 
                        through the design and engineering, 
                        construction, and operations phases) 
                        that--
                                  (I) maximize interoperability 
                                with other systems, products, 
                                tools, or applications;
                                  (II) boost productivity;
                                  ``(III) manage complexity;
                                  (IV) reduce project delays 
                                and cost overruns; and
                                  (V) enhance safety and 
                                quality;
                          (ii) more timely and productive 
                        information-sharing among stakeholders 
                        through reduced reliance on paper to 
                        manage construction processes and 
                        deliverables such as blueprints, design 
                        drawings, procurement and supply-chain 
                        orders, equipment logs, daily progress 
                        reports, and punch lists;
                          (iii) deployment of digital 
                        management systems that enable and 
                        leverage the use of digital 
                        technologies on construction sites by 
                        contractors, such as state-of-the-art 
                        automated and connected machinery and 
                        optimized routing software that allows 
                        construction workers to perform tasks 
                        faster, safer, more accurately, and 
                        with minimal supervision;
                          (iv) the development and deployment 
                        of best practices for use in digital 
                        construction management;
                          (v) increased technology adoption and 
                        deployment by States and units of local 
                        government that enables project 
                        sponsors--
                                  (I) to integrate the adoption 
                                of digital management systems 
                                and technologies in contracts; 
                                and
                                  (II) to weigh the cost of 
                                digitization and technology in 
                                setting project budgets;
                          (vi) technology training and 
                        workforce development to build the 
                        capabilities of project managers and 
                        sponsors that enables States and units 
                        of local government--
                                  (I) to better manage projects 
                                using advanced construction 
                                management technologies; and
                                  (II) to properly measure and 
                                reward technology adoption 
                                across projects of the State or 
                                unit of local government;
                          (vii) development of guidance to 
                        assist States in updating regulations 
                        of the State to allow project sponsors 
                        and contractors--
                                  (I) to report data relating 
                                to the project in digital 
                                formats; and
                                  (II) to fully capture the 
                                efficiencies and benefits of 
                                advanced digital construction 
                                management systems and related 
                                technologies;
                          (viii) reduction in the environmental 
                        footprint of construction projects 
                        using advanced digital construction 
                        management systems resulting from 
                        elimination of congestion through more 
                        efficient projects; and
                          (ix) enhanced worker and pedestrian 
                        safety resulting from increased 
                        transparency.
                  (C) Funding.--For each of fiscal years 2022 
                through 2026, the Secretary shall obligate from 
                funds made available to carry out this 
                subsection $20,000,000 to accelerate the 
                deployment and implementation of advanced 
                digital construction management systems.
                  (D) Publication.--
                          (i) In general.--Not less frequently 
                        than annually, the Secretary shall 
                        issue and make available to the public 
                        on a website a report on--
                                  (I) progress made in the 
                                implementation of advanced 
                                digital management systems by 
                                States; and
                                  (II) the costs and benefits 
                                of the deployment of new 
                                technology and innovations that 
                                substantially and directly 
                                resulted from the program 
                                established under this 
                                paragraph.
                          (ii) Inclusions.--The report under 
                        clause (i) may include an analysis of--
                                  (I) Federal, State, and local 
                                cost savings;
                                  (II) project delivery time 
                                improvements;
                                  (III) congestion impacts; and
                                  (IV) safety improvements for 
                                roadway users and construction 
                                workers.
          (6) Center of excellence.--
                  (A) Definitions.--In this paragraph:
                          (i) Automated vehicle.--The term 
                        `automated vehicle' means a motor 
                        vehicle that--
                                  (I) has a taxable gross 
                                weight (as defined in section 
                                41.4482(b)-1 of title 26, Code 
                                of Federal Regulations (or 
                                successor regulations)) of 
                                10,000 pounds or less; and
                                  (II) is capable of performing 
                                the entire task of driving 
                                (including steering, 
                                accelerating and decelerating, 
                                and reacting to external 
                                stimulus) without human 
                                intervention.
                          (ii) New mobility.--The term `new 
                        mobility' includes shared services such 
                        as--
                                  (I) docked and dockless 
                                bicycles;
                                  (II) docked and dockless 
                                electric scooters; and
                                  (III) transportation network 
                                companies.
                  (B) Establishment.--Not later than 1 year 
                after the date of enactment of the Surface 
                Transportation Reauthorization Act of 2021, the 
                Secretary shall establish a Center of 
                Excellence to collect, conduct, and fund 
                research on the impacts of new mobility and 
                automated vehicles on land use, urban design, 
                transportation, real estate, equity, and 
                municipal budgets.
                  (C) Partnerships.--In establishing the Center 
                of Excellence under subparagraph (B), the 
                Secretary shall enter into appropriate 
                partnerships with any institution of higher 
                education (as defined in section 101 of the 
                Higher Education Act of 1965 (20 U.S.C. 1001)) 
                or public or private research entity.

Sec. 504. Training and education

  (a) National Highway Institute.--
          (1) In general.-- * * *
           * * * * * * *
  (e) Surface Transportation Workforce Development, Training, 
and Education.--
          (1) Funding.--Subject to project approval by the 
        Secretary, a State may obligate funds apportioned to 
        the State under paragraphs (1) through (4) of section 
        104(b) for surface transportation workforce 
        development, training, and education, including--
                  (A) * * *
           * * * * * * *
                  (C) student internships;
                  (D) pre-apprenticeships, apprenticeships, and 
                career opportunities for on-the-job training;
                  [(D)] (E) university [or community college] , 
                college, community college, or vocational 
                school support;
                  [(E)] (F) education activities, including 
                outreach, to develop interest and promote 
                participation in surface transportation 
                careers;
                  (G) activities associated with workforce 
                training and employment services, such as 
                targeted outreach and partnerships with 
                industry, economic development organizations, 
                workforce development boards, and labor 
                organizations;
                  [(F)] (H) activities carried out by the 
                National Highway Institute under subsection 
                (a); and
                  [(G)] (I) local technical assistance programs 
                under subsection (b).
          (2) Federal share.--The Federal share of the cost of 
        activities carried out in accordance with this 
        subsection shall be 100 percent, except for activities 
        carried out under [paragraph (1)(G)] paragraph (1)(I), 
        for which the Federal share shall be 50 percent.
          (3) Surface transportation workforce development, 
        training, and education defined.--In this subsection, 
        the term ``surface transportation workforce 
        development, training, and education'' means activities 
        associated with surface transportation career 
        awareness, student transportation career preparation, 
        and training and professional development for surface 
        transportation workers, [including activities] 
        including--
                  (A) activities for women and minorities[.] ;
                  (B) activities that address current workforce 
                gaps, such as work on construction projects, of 
                State and local transportation agencies;
                  (C) activities to develop a robust surface 
                transportation workforce with new skills 
                resulting from emerging transportation 
                technologies; and
                  (D) activities to attract new sources of job-
                creating investment.
           * * * * * * *
  (f) Transportation Education [Development] and Training 
Development and Deployment Program.--
          [(1) Establishment.--The Secretary shall establish a 
        program to make grants to institutions of higher 
        education that, in partnership with industry or State 
        departments of transportation, will develop, test, and 
        revise new curricula and education programs to train 
        individuals at all levels of the transportation 
        workforce.]
          (1) Establishment.--The Secretary shall establish a 
        program to make grants to educational institutions or 
        State departments of transportation, in partnership 
        with industry and relevant Federal departments and 
        agencies--
                  (A) to develop, test, and review new 
                curricula and education programs to train 
                individuals at all levels of the transportation 
                workforce; or
                  (B) to implement the new curricula and 
                education programs to provide for hands-on 
                career opportunities to meet current and future 
                needs.
          (2) Selection of grant recipients.--In selecting 
        applications for awards under this subsection, the 
        Secretary [shall] may consider--
                  (A) the degree to which the new curricula or 
                education program meets the specific current or 
                future needs of a segment of the transportation 
                industry, States, or regions;
                  (B) providing for practical experience and 
                on-the-job training;
                  (C) proposals oriented toward practitioners 
                in the field rather than the support and growth 
                of the research community;
                  (D) the degree to which the new curricula or 
                program will provide training in areas other 
                than engineering, such as business 
                administration, economics, information 
                technology, environmental science, and law;
                  (E) programs or curricula [in nontraditional 
                departments] that train professionals for work 
                in the transportation field, such as 
                construction, materials, information 
                technology, environmental science, urban 
                planning, and industrial or emerging 
                technology; and
                  (F) the commitment of industry or a State's 
                department of transportation to the program.
          (3) Reporting.--The Secretary shall establish minimum 
        reporting requirements for grant recipients under this 
        subsection, which may include, with respect to a 
        program carried out with a grant under this 
        subsection--
                  (A) the percentage or number of program 
                participants that are employed during the 
                second quarter after exiting the program;
                  (B) the percentage or number of program 
                participants that are employed during the 
                fourth quarter after exiting the program;
                  (C) the median earnings of program 
                participants that are employed during the 
                second quarter after exiting the program;
                  (D) the percentage or number of program 
                participants that obtain a recognized 
                postsecondary credential or a secondary school 
                diploma (or a recognized equivalent) during 
                participation in the program or by not later 
                than 1 year after exiting the program; and
                  (E) the percentage or number of program 
                participants that, during a program year--
                          (i) are in an education or training 
                        program that leads to a recognized 
                        postsecondary credential or employment; 
                        and
                          (ii) are achieving measurable skill 
                        gains toward such a credential or 
                        employment.
          [(3)] (4) Limitations.--The amount of a grant under 
        this subsection shall not exceed $300,000 per year. 
        After a recipient has received 3 years of Federal 
        funding under this subsection, Federal funding may 
        equal not more than 75 percent of a grantee's program 
        costs.
           * * * * * * *
  (g) Freight Capacity Building Program.--
          (1) Establishment.--The Secretary shall establish a 
        freight planning capacity building initiative to 
        support enhancements in freight transportation planning 
        in order to--
                  (A) * * *
           * * * * * * *
          (6) Use of funds.--Funds made available for the 
        program established under this subsection may be used 
        for research, program development, information 
        collection and dissemination, and technical assistance. 
        The Secretary may use such funds independently or [make 
        grants or to] make grants to and enter into contracts 
        and cooperative agreements with a Federal agency, State 
        agency, local agency, federally recognized Indian 
        tribal government or tribal consortium, authority, 
        association, nonprofit or for-profit corporation, or 
        institution of higher education, to carry out the 
        purposes of this subsection.
           * * * * * * *
  (h) Centers for Surface Transportation Excellence.--
          (1) In general.--The Secretary shall make grants 
        under this section to establish and maintain centers 
        for surface transportation excellence.
           * * * * * * *
  (i) Use of Funds.--The Secretary may use funds made available 
to carry out this section to carry out activities related to 
workforce development and technical assistance and training 
if--
          (1) the activities are authorized by another 
        provision of this title; and
          (2) the activities are for entities other than 
        employees of the Secretary, such as States, units of 
        local government, Federal land management agencies, and 
        Tribal governments.
           * * * * * * *

Sec. 515. General authorities and requirements

  (a) Scope.--* * *
           * * * * * * *
  (h) Advisory Committee.--
          (1) In general.--The Secretary shall establish an 
        Advisory Committee to advise the Secretary on carrying 
        out sections 512 through 518.
          (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 State, local, or 
                regional wildlife, land use, or resource 
                management agency;
                  [(D)] (E) a representative from a 
                metropolitan planning organization;
                  [(E)] (F) a private sector user of 
                intelligent transportation system technologies;
                  [(F)] (G) 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)] (H) an academic researcher who is a 
                civil engineer;
                  [(H)] (I) an academic researcher who is a 
                social scientist with expertise in 
                transportation issues;
                  (J) an academic researcher who is a 
                biological or ecological scientist with 
                expertise in transportation issues;
                  [(I)] (K) a representative from a nonprofit 
                group representing the intelligent 
                transportation system industry;
                  [(J)] (L) a representative from a public 
                interest group concerned with safety;
                  [(K)] (M)  a representative from a public 
                interest group concerned with the impact of the 
                transportation system on land use and 
                residential patterns; [and]
                  (N) a representative from a public interest 
                group concerned with the impact of the 
                transportation system on terrestrial and 
                aquatic species and the habitat of those 
                species; and
                  [(L)] (O) members with expertise in planning, 
                safety, telecommunications, utilities, and 
                operations.
           * * * * * * *

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) * * *
           * * * * * * *
          (6) enhance safety through improved crash avoidance 
        and protection, crash and other notification, 
        commercial motor vehicle operations, and 
        infrastructure-based or cooperative safety systems , 
        including animal detection systems to reduce the number 
        of wildlife-vehicle collisions ; or
           * * * * * * *

Sec. 519. Infrastructure development

  Funds made available to carry out this chapter for 
operational tests of intelligent transportation systems--
          (1) * * *
           * * * * * * *

Sec. 520. Transportation Resilience and Adaptation Centers of 
                    Excellence

  (a) Definition of Center of Excellence.--In this section, the 
term `Center of Excellence' means a Center of Excellence for 
Resilience and Adaptation designated under subsection (b).
  (b) Designation.--The Secretary shall designate 10 regional 
Centers of Excellence for Resilience and Adaptation and 1 
national Center of Excellence for Resilience and Adaptation, 
which shall serve as a coordinator for the regional Centers, to 
receive grants to advance research and development that 
improves the resilience of regions of the United States to 
natural disasters and extreme weather by promoting the 
resilience of surface transportation infrastructure and 
infrastructure dependent on surface transportation.
  (c) Eligibility.--An entity eligible to be designated as a 
Center of Excellence is--
          (1) an institution of higher education (as defined in 
        section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002)); or
          (2) a consortium of nonprofit organizations led by an 
        institution of higher education.
  (d) Application.--To be eligible to be designated as a Center 
of Excellence, an eligible entity shall submit to the Secretary 
an application at such time, in such manner, and containing 
such information as the Secretary may require, including a 
proposal that includes a description of the activities to be 
carried out with a grant under this section.
  (e) Selection.--
          (1) Regional centers of excellence.--The Secretary 
        shall designate 1 regional Center of Excellence in each 
        of the 10 Federal regions that comprise the Standard 
        Federal Regions established by the Office of Management 
        and Budget in the document entitled `Standard Federal 
        Regions' and dated April 1974 (circular A-105).
          (2) National center of excellence.--The Secretary 
        shall designate 1 national Center of Excellence to 
        coordinate the activities of all 10 regional Centers of 
        Excellence to minimize duplication and promote 
        coordination and dissemination of research among the 
        Centers.
          (3) Criteria.--In selecting eligible entities to 
        designate as a Center of Excellence, the Secretary 
        shall consider--
                  (A) the past experience and performance of 
                the eligible entity in carrying out activities 
                described in subsection (g);
                  (B) the merits of the proposal of an eligible 
                entity and the extent to which the proposal 
                would--
                          (i) advance the state of practice in 
                        resilience planning and identify 
                        innovative resilience solutions for 
                        transportation assets and systems;
                          (ii) support activities carried out 
                        under the PROTECT program under section 
                        176;
                          (iii) support and build on work being 
                        carried out by another Federal agency 
                        relating to resilience;
                          (iv) inform transportation 
                        decisionmaking at all levels of 
                        government;
                          (v) engage local, regional, Tribal, 
                        State, and national stakeholders, 
                        including, if applicable, stakeholders 
                        representing transportation, transit, 
                        urban, and land use planning, natural 
                        resources, environmental protection, 
                        hazard mitigation, and emergency 
                        management; and
                          (vi) engage community groups and 
                        other stakeholders that will be 
                        affected by transportation decisions, 
                        including underserved, economically 
                        disadvantaged, rural, and predominantly 
                        minority communities; and
                  (C) the local, regional, Tribal, State, and 
                national impacts of the proposal of the 
                eligible entity.
  (f) Grants.--Subject to the availability of appropriations, 
the Secretary shall provide to each Center of Excellence a 
grant of not less than $5,000,000 for each of fiscal years 2022 
through 2031 to carry out the activities described in 
subsection (g).
  (g) Activities.--In carrying out this section, the Secretary 
shall ensure that a Center of Excellence uses the funds from a 
grant under subsection (f) to promote resilient transportation 
infrastructure, including through--
          (1) supporting climate vulnerability assessments 
        informed by climate change science, including national 
        climate assessments produced by the United States 
        Global Change Research Program under section 106 of the 
        Global Change Research Act of 1990 (15 U.S.C. 2936), 
        relevant feasibility analyses of resilient 
        transportation improvements, and transportation 
        resilience planning;
          (2) development of new design, operations, and 
        maintenance standards for transportation infrastructure 
        that can inform Federal and State decisionmaking;
          (3) research and development of new materials and 
        technologies that could be integrated into existing and 
        new transportation infrastructure;
          (4) development, refinement, and piloting of new and 
        emerging resilience improvements and strategies, 
        including natural infrastructure approaches and 
        relocation;
          (5) development of and investment in new approaches 
        for facilitating meaningful engagement in 
        transportation decisionmaking by local, Tribal, 
        regional, or national stakeholders and communities;
          (6) technical capacity building to facilitate the 
        ability of local, regional, Tribal, State, and national 
        stakeholders--
                  (A) to assess the vulnerability of 
                transportation infrastructure assets and 
                systems;
                  (B) to develop community response strategies;
                  (C) to meaningfully engage with community 
                stakeholders; and
                  (D) to develop strategies and improvements 
                for enhancing transportation infrastructure 
                resilience under current conditions and a range 
                of potential future conditions;
          (7) workforce development and training;
          (8) development and dissemination of data, tools, 
        techniques, assessments, and information that informs 
        Federal, State, Tribal, and local government 
        decisionmaking, policies, planning, and investments;
          (9) education and outreach regarding transportation 
        infrastructure resilience; and
          (10) technology transfer and commercialization.
  (h) Federal Share.--The Federal share of the cost of an 
activity under this section, including the costs of 
establishing and operating a Center of Excellence, shall be 50 
percent.
           * * * * * * *

                           TITLE 23--HIGHWAYS

                   CHAPTER 6--INFRASTRUCTURE FINANCE

           * * * * * * *

Sec. 601. Generally applicable provisions

  (a) Definitions.--The following definitions apply to sections 
601 through 609:
          (1) Contingent commitment.--The term ``contingent 
        commitment'' means a commitment to obligate an amount 
        from future available budget authority that is--
                  (A) * * *
           * * * * * * *
          (10) Master credit agreement.--The term ``master 
        credit agreement'' means a conditional agreement to 
        extend credit assistance for a program of related 
        projects secured by a common security pledge covered 
        under section 602(b)(2)(A) or for a single project 
        covered under section 602(b)(2)(B) that does not 
        provide for a current obligation of Federal funds, and 
        that would--
                  (A)* * *
           * * * * * * *
                  (E) require that contingent commitments 
                result in a financial close and obligation of 
                credit assistance not later than [3 years] 5 
                years after the date of entry into the master 
                credit agreement, or release of the commitment, 
                unless otherwise extended by the Secretary.
           * * * * * * *
          (12) Project.--The term ``project'' means--
                  (A) * * *
           * * * * * * *
                  [(E) a project to improve or construct public 
                infrastructure that is located within walking 
                distance of, and accessible to, a fixed 
                guideway transit facility, passenger rail 
                station, intercity bus station, or intermodal 
                facility, including a transportation, public 
                utility, or capital project described in 
                section 5302(3)(G)(v) of title 49, and related 
                infrastructure; and]
                  (E) a project to improve or construct public 
                infrastructure--
                          (i) that--
                                  (I) is located within walking 
                                distance of, and accessible to, 
                                a fixed guideway transit 
                                facility, passenger rail 
                                station, intercity bus station, 
                                or intermodal facility, 
                                including a transportation, 
                                public utility, or capital 
                                project described in section 
                                5302(3)(G)(v) of title 49, and 
                                related infrastructure; or
                                  (II) is a project for 
                                economic development, including 
                                commercial and residential 
                                development, and related 
                                infrastructure and activities--
                                          (aa) that 
                                        incorporates private 
                                        investment;
                                          (bb) that is 
                                        physically or 
                                        functionally related to 
                                        a passenger rail 
                                        station or multimodal 
                                        station that includes 
                                        rail service;
                                          (cc) for which the 
                                        project sponsor has a 
                                        high probability of 
                                        commencing the 
                                        contracting process for 
                                        construction by not 
                                        later than 90 days 
                                        after the date on which 
                                        credit assistance under 
                                        the TIFIA program is 
                                        provided for the 
                                        project; and
                                          (dd) that has a high 
                                        probability of reducing 
                                        the need for financial 
                                        assistance under any 
                                        other Federal program 
                                        for the relevant 
                                        passenger rail station 
                                        or service by 
                                        increasing ridership, 
                                        tenant lease payments, 
                                        or other activities 
                                        that generate revenue 
                                        exceeding costs; and
                          (ii) for which, by not later than 
                        September 30, 2026, the Secretary has--
                                  (I) received a letter of 
                                interest; and
                                  (II) determined that the 
                                project is eligible for 
                                assistance;
                  (F) the capitalization of a rural projects 
                fund[.] ; and
                  (G) an eligible airport-related project (as 
                defined in section 40117(a) of title 49) for 
                which, not later than September 30, 2025, the 
                Secretary has--
                          (i) received a letter of interest; 
                        and
                          (ii) determined that the project is 
                        eligible for assistance; and
                  (H) a project for the acquisition of plant 
                and wildlife habitat pursuant to a conservation 
                plan that--
                          (i) has been approved by the 
                        Secretary of the Interior pursuant to 
                        section 10 of the Endangered Species 
                        Act of 1973 (16 U.S.C. 1539); and
                          (ii) in the judgment of the 
                        Secretary, would mitigate the 
                        environmental impacts of transportation 
                        infrastructure projects otherwise 
                        eligible for assistance under this 
                        title.
           * * * * * * *

Sec. 602. Determination of eligibility and project selection

  (a) Eligibility.--
          (1) In general.-- * * *
           * * * * * * *
          (2) Creditworthiness.--
                  (A) In general.--To be eligible for 
                assistance under the TIFIA program, a project 
                shall satisfy applicable creditworthiness 
                standards, which, at a minimum, shall include--
                          (i) * * *
           * * * * * * *
                          (iv) [a rating] an investment-grade 
                        rating from at least 2 rating agencies 
                        on the Federal credit instrument, 
                        subject to the condition that, with 
                        respect to clause (iii), if the total 
                        amount of the senior debt and the 
                        Federal credit instrument is less than 
                        [$75,000,000] 150,000,000, 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] 
                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 an amount 
                less than $75,000,000] total amount of other 
                senior debt and the Federal credit instrument 
                is less than $150,000,000, in which case 1 
                rating agency opinion shall be sufficient.
           * * * * * * *
          (11) Public-private partnerships.--In the case of a 
        project to be carried out through a public-private 
        partnership, the public partner shall have--
                  (A) conducted a value for money analysis or 
                similar comparative analysis; and
                  (B) determined the appropriateness of the 
                public-private partnership agreement.
           * * * * * * *
  (c) Federal Requirements.--
          (1) In general.--In addition to the requirements of 
        this title for highway projects, the requirements of 
        chapter 53 of title 49 for transit projects, [and the 
        requirements of section 5333(a) of title 49 for rail 
        projects,] the requirements of section 5333(a) of title 
        49 for rail projects, and the requirements of sections 
        47112(b) and 50101 of title 49 for airport-related 
        projects, the following provisions of law shall apply 
        to funds made available under the TIFIA program and 
        projects assisted with those funds:
           * * * * * * *
  (d) Application Processing Procedures.--
          (1) Processing timelines.--Except in the case of an 
        application described in subsection (a)(8) and to the 
        maximum extent practicable, the Secretary shall provide 
        an applicant with a specific estimate of the timeline 
        for the approval or disapproval of the application of 
        the applicant, which, to the maximum extent 
        practicable, the Secretary shall endeavor to complete 
        by not later than 150 days after the date on which the 
        applicant submits a letter of interest to the 
        Secretary.
          [(1)] (2) Notice of complete application.--Not later 
        than 30 days after the date of receipt of an 
        application under this section, the Secretary shall 
        provide to the applicant a written notice to inform the 
        applicant whether--
                  (A) the application is complete; or
                  (B) additional information or materials are 
                needed to complete the application.
          [(2)] (3) Approval or denial of application.--Not 
        later than 60 days after the date of issuance of the 
        written notice under [paragraph (1)] paragraph (2), the 
        Secretary shall provide to the applicant a written 
        notice informing the applicant whether the Secretary 
        has approved or disapproved the application.
           * * * * * * *
  (e) Development Phase Activities.--Any credit instrument 
secured under the TIFIA program may be used to finance up to 
100 percent of the cost of development phase activities as 
described in [3section 601(a)(1)(A)] section 601(a)(2)(A).
           * * * * * * *

Sec. 603. Secured loans

  (a) In General.--
          (1) Agreements.-- * * *
           * * * * * * *
  (b) Terms and Limitations.--
          (1) In general.-- * * *
           * * * * * * *
          (5) Maturity date.--
                  (A) In general.--Except as provided in 
                [subparagraph (B)] subparagraphs (B) and (C), 
                the final maturity date of the secured loan 
                shall be the lesser of--
                          (i) 35 years after the date of 
                        substantial completion of the project; 
                        and
                          (ii) if the useful life of the 
                        capital asset being financed is of a 
                        lesser period, the useful life of the 
                        asset.
                  (C) Long lived assets.--In the case of a 
                capital asset with an estimated life of more 
                than 50 years, the final maturity date of the 
                secured loan shall be the lesser of--
                          (i) 75 years after the date of 
                        substantial completion of the project; 
                        or
                          (ii) 75 percent of the estimated 
                        useful life of the capital asset.
           * * * * * * *
  (c) Repayment.--
          (1) Schedule.--The Secretary shall establish a 
        repayment schedule for each secured loan under this 
        section based on--
                  (A * * *
           * * * * * * *)
          (4) Prepayment.--
                  (A) Use of excess revenues.--[Any excess](i) 
                In general.--Except as provided in clause (ii), 
                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.
                          (ii) Certain applicants.--In the case 
                        of a secured loan or other secured 
                        Federal credit instrument provided 
                        after the date of enactment of the 
                        Surface Transportation Reauthorization 
                        Act of 2021, if the obligor is a 
                        governmental entity, agency, or 
                        instrumentality, the obligor shall not 
                        be required to prepay the secured loan 
                        or other secured Federal credit 
                        instrument with any excess revenues 
                        described in clause (i) if the obligor 
                        enters into an agreement to use those 
                        excess revenues only for purposes 
                        authorized under this title or title 
                        49.
           * * * * * * *
  (f) Streamlined Application Process.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of the FAST Act, the Secretary shall 
        make available an expedited application process or 
        processes available at the request of entities seeking 
        secured loans under the TIFIA program that use a set or 
        sets of conventional terms established pursuant to this 
        section.
          (2) Terms.--* * *
           * * * * * * *
          (3) Additional terms for expedited decisions.--
                  (A) In general.--Not later than 120 days 
                after the date of enactment of this paragraph, 
                the Secretary shall implement an expedited 
                decision timeline for public agency borrowers 
                seeking secured loans that meet--
                          (i) the terms under paragraph (2); 
                        and
                          (ii) the additional criteria 
                        described in subparagraph (B).
                  (B) Additional criteria.--The additional 
                criteria referred to in subparagraph (A)(ii) 
                are the following:
                          (i) The secured loan is made on terms 
                        and conditions that substantially 
                        conform to the conventional terms and 
                        conditions established by the National 
                        Surface Transportation Innovative 
                        Finance Bureau.
                          (ii) The secured loan is rated in the 
                        A category or higher.
                          (iii) The TIFIA program share of 
                        eligible project costs is 33 percent or 
                        less.
                          (iv) The applicant demonstrates a 
                        reasonable expectation that the 
                        contracting process for the project can 
                        commence by not later than 90 days 
                        after the date on which a Federal 
                        credit instrument is obligated for the 
                        project under the TIFIA program.
                          (v) The project has received a 
                        categorical exclusion, a finding of no 
                        significant impact, or a record of 
                        decision under the National 
                        Environmental Policy Act of 1969 (42 
                        U.S.C. 4321 et seq.).
                  (C) Written notice.--The Secretary shall 
                provide to an applicant seeking a secured loan 
                under the expedited decision process under this 
                paragraph a written notice informing the 
                applicant whether the Secretary has approved or 
                disapproved the application by not later than 
                180 days after the date on which the Secretary 
                submits to the applicant a letter indicating 
                that the National Surface Transportation 
                Innovative Finance Bureau has commenced the 
                creditworthiness review of the project.
           * * * * * * *

Sec. 605. Program administration

  (a) Requirement.--* * *
           * * * * * * *
  (f) Assistance to Small Projects.--
          (1) Reservation of funds.--Of the funds made 
        available to carry out the TIFIA program for each 
        fiscal year, and after the set aside under [section 
        608(a)(5)] section 608(a)(6), not less than $2,000,000 
        shall be made available for the Secretary to use in 
        lieu of fees collected under subsection (b) for 
        projects under the TIFIA program having eligible 
        project costs that are reasonably anticipated not to 
        equal or exceed $75,000,000.
           * * * * * * *

Sec. 608. Funding

  (a) Funding.--
          (1) Spending and borrowing authority.--* * *
           * * * * * * *
          (3) Rural set-aside.--
                  (A) In general.--K* * *
           * * * * * * *
          (4) Limitation for certain projects.--
                  (A) Transit-oriented development projects.--
                For each fiscal year, the Secretary may use to 
                carry out projects described in section 
                601(a)(12)(E) not more than 15 percent of the 
                amounts made available to carry out the TIFIA 
                program for that fiscal year.
                  (B) Airport-related projects.--The Secretary 
                may use to carry out projects described in 
                section 601(a)(12)(G)--
                          (i) for each fiscal year, not more 
                        than 15 percent of the amounts made 
                        available to carry out the TIFIA 
                        program under the Surface 
                        Transportation Reauthorization Act of 
                        2021 for that fiscal year; and
                          (ii) for the period of fiscal years 
                        2022 through 2026, not more than 15 
                        percent of the unobligated carryover 
                        balances (as of October 1, 2021).;
          [(4)] (5) Availability.--Amounts made available to 
        carry out the TIFIA program shall remain available 
        until expended.
          [(5)] (6) Administrative costs.--Of the amounts made 
        available to carry out the TIFIA program, the Secretary 
        may use not more than $6,875,000 for fiscal year 2016, 
        $7,081,000 for fiscal year 2017, $7,559,000 for fiscal 
        year 2018, $8,195,000 for fiscal year 2019, and 
        $8,441,000 for fiscal year 2020 for the administration 
        of the TIFIA program.]
          (6) Administrative costs.--Of the amounts made 
        available to carry out the TIFIA program, the Secretary 
        may use not more than $10,000,000 for each of fiscal 
        years 2022 through 2026 for the administration of the 
        TIFIA program.

Sec. 609. Reports to Congress

  (a) In General.--* * *
           * * * * * * *
  (b) Application Process Report.--
          (1) In general.--* * *
           * * * * * * *
  (c) Status Reports.--
          (1) In general.--The Secretary shall publish on the 
        website for the TIFIA program--
                  (A) on a monthly basis, a current status 
                report on all submitted letters of interest and 
                applications received for assistance under the 
                TIFIA program; and
                  (B) on a quarterly basis, a current status 
                report on all approved applications for 
                assistance under the TIFIA program.
          (2) Inclusions.--Each monthly and quarterly status 
        report under paragraph (1) shall include, at a minimum, 
        with respect to each project included in the status 
        report--
                  (A) the name of the party submitting the 
                letter of interest or application;
                  (B) the name of the project;
                  (C) the date on which the letter of interest 
                or application was received;
                  (D) the estimated project eligible costs;
                  (E) the type of credit assistance sought; and
                  (F) the anticipated fiscal year and quarter 
                for closing of the credit assistance.

Sec. 610. State infrastructure bank program

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Capital project.--
  (d) Funding.--
          (1) Highway account.--Subject to subsection (j), the 
        Secretary may permit a State entering into a 
        cooperative agreement under this section to establish a 
        State infrastructure bank to deposit into the highway 
        account of the bank not to exceed--
                  (A) 10 percent of the funds apportioned to 
                the State for each of [fiscal years 2016 
                through 2020] fiscal years 2022 through 2026; 
                under each of paragraphs (1), (2), and (5) of 
                section 104(b); and
           * * * * * * *
          (2) Transit account.--Subject to subsection (j), the 
        Secretary may permit a State entering into a 
        cooperative agreement under this section to establish a 
        State infrastructure bank, and any other recipient of 
        Federal assistance under section 5307, 5309, or 5311 of 
        title 49, to deposit into the transit account of the 
        bank not to exceed 10 percent of the funds made 
        available to the State or other recipient in each of 
        [fiscal years 2016 through 2020] fiscal years 2022 
        through 2026 for capital projects under each of such 
        sections.
          (3) Rail account.--Subject to subsection (j), the 
        Secretary may permit a State entering into a 
        cooperative agreement under this section to establish a 
        State infrastructure bank, and any other recipient of 
        Federal assistance under subtitle V of title 49, to 
        deposit into the rail account of the bank funds made 
        available to the State or other recipient in each of 
        [fiscal years 2016 through 2020] fiscal years 2022 
        through 2026 for capital projects under such subtitle.
           * * * * * * *
  (k) Program Administration.--For each of fiscal years [2016 
through 2020] fiscal years 2022 through 2026, a State may 
expend not to exceed 2 percent of the Federal funds contributed 
to an infrastructure bank established by the State under this 
section to pay the reasonable costs of administering the bank.
           * * * * * * *

            TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

             SUBTITLE IV--APPALACHIAN REGIONAL DEVELOPMENT

                    CHAPTER 141--GENERAL PROVISIONS

Sec.
14101. Findings and purposes.
14102. Definitions.

Sec. 14101. Findings and purposes

  (a) 1965 Findings and Purpose.--
          (1) Findings.-- * * *
           * * * * * * *

Sec. 14102. Definitions

  (a) Definitions.--In this subtitle--
          (1) Appalachian region.--The term ``Appalachian 
        region'' means that area of the eastern United States 
        consisting of the following counties (including any 
        political subdivision located within the area):
                  (A)  * * *
           * * * * * * *
                  (G) In North Carolina, the counties of 
                Alexander, Alleghany, Ashe, Avery, Buncombe, 
                Burke, Caldwell, Catawba Cherokee, Clay, 
                Cleveland Davie, Forsyth, Graham, Haywood, 
                Henderson, Jackson, McDowell, Macon, Madison, 
                Mitchell, Polk, Rutherford, Stokes, Surry, 
                Swain, Transylvania, Watauga, Wilkes, Yadkin, 
                and Yancey.
           * * * * * * *
                  (J) In South Carolina, the counties of 
                Anderson, Cherokee, Greenville, Oconee, 
                Pickens, [and Spartanburg] Spartanburg, and 
                Union.
           * * * * * * *
                  (M) All the counties of West Virginia , of 
                which the counties of Brooke, Hancock, 
                Marshall, and Ohio shall be considered to be 
                located in the North Central subregion.
           * * * * * * *

              CHAPTER 143--APPALACHIAN REGIONAL COMMISSION

        SUBCHAPTER subchapter i--organization and administration

Sec.
14301. Establishment, membership, and employees.
14301. Establishment, membership, and employees.
      * * * * * * *
14323. Congressional notification.
      * * * * * * *

Sec. 14301. Establishment, membership, and employees

  (a) Establishment.-- * * *
           * * * * * * *

Sec. 14303. Functions

  (a) In General.--In carrying out the purposes of this 
subtitle, the Appalachian Regional Commission shall--
          (1) * * *
           * * * * * * *
          (9) encourage the use of eco-industrial development 
        technologies and approaches; [and]
          (10) seek to coordinate the economic development 
        activities of, and the use of economic development 
        resources by, federal agencies in the region[.] ; and
          (11) support broadband access in the Appalachian 
        region.
           * * * * * * *

Sec. 14322. Approval of development plans, strategy statements, and 
                    projects

  (a) Annual Review and Approval Required.-- * * *
           * * * * * * *

Sec. 14323. Congressional notification

  (a) In General.--In the case of a project described in 
subsection (b), the Appalachian Regional Commission shall 
provide to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Environment and Public Works of the Senate notice of the award 
of a grant or other financial assistance not less than 3 full 
business days before awarding the grant or other financial 
assistance.
  (b) Projects Described.--A project referred to in subsection 
(a) is a project that the Appalachian Regional Commission has 
selected to receive a grant or other financial assistance under 
this subtitle in an amount not less than $50,000.
           * * * * * * *

               CHAPTER 145--SPECIAL APPALACHIAN PROGRAMS

                    SUBCHAPTER subchapter i--programs

Sec.
14501. Appalachian development highway system.
      * * * * * * *
14511. Appalachian regional energy hub initiative.
      * * * * * * *

                         SUBCHAPTER I--PROGRAMS

Sec. 14501. Appalachian development highway system

  (a) Purpose.-- * * *
           * * * * * * *

[Sec. 14509. High-speed broadband deployment initiative

  [(a) In General.--The Appalachian Regional Commission may 
provide technical assistance, make grants, enter into 
contracts, or otherwise provide amounts to individuals or 
entities in the Appalachian region for projects and 
activities--
          [(1) to increase affordable access to broadband 
        networks throughout the Appalachian region;
          [(2) to conduct research, analysis, and training to 
        increase broadband adoption efforts in the Appalachian 
        region;
          [(3) to provide technology assets, including 
        computers, smartboards, and video projectors to 
        educational systems throughout the Appalachian region;
          [(4) to increase distance learning opportunities 
        throughout the Appalachian region;
          [(5) to increase the use of telehealth technologies 
        in the Appalachian region; and
          [(6) to promote e-commerce applications in the 
        Appalachian region.]
  (a) In General.--The Appalachian Regional Commission may 
provide technical assistance, make grants, enter into 
contracts, or otherwise provide amounts to individuals or 
entities in the Appalachian region for projects and activities 
to increase affordable access to broadband networks throughout 
the Appalachian region.
  (b) Eligible Projects and Activities.--A project or activity 
eligible to be carried out under this section is a project or 
activity--
          (1) to conduct research, analysis, and training to 
        increase broadband adoption efforts in the Appalachian 
        region; or
          (2) for the construction and deployment of broadband 
        service-related infrastructure in the Appalachian 
        region.
  [(b)] (c) Limitation on Available Amounts.--Of the cost of 
any activity eligible for a grant under this section--
          (1) not more than 50 percent may be provided from 
        amounts appropriated to carry out this section; and
          (2) notwithstanding paragraph (1)--
                  (A) in the case of a project to be carried 
                out in a county for which a distressed county 
                designation is in effect under section 14526, 
                not more than 80 percent may be provided from 
                amounts appropriated to carry out this section; 
                and
                  (B) in the case of a project to be carried 
                out in a county for which an at-risk 
                designation is in effect under section 14526, 
                not more than 70 percent may be provided from 
                amounts appropriated to carry out this section.
  [(c)] (d) Sources of Assistance.--Subject to [subsection (b)] 
subsection (c), a grant provided under this section may be 
provided from amounts made available to carry out this section 
in combination with amounts made available--
          (1) under any other Federal program; or
          (2) from any other source.
  [(d)] (e) Federal Share.--Notwithstanding any provision of 
law limiting the Federal share under any other Federal program, 
amounts made available to carry out this section may be used to 
increase that Federal share, as the Appalachian Regional 
Commission determines to be appropriate.
  (f) Request for Data.--Before making a grant for a project or 
activity described in subsection (b)(2), the Appalachian 
Regional Commission shall request from the Federal 
Communications Commission, the National Telecommunications and 
Information Administration, the Economic Development 
Administration, and the Department of Agriculture data on--
          (1) the level and extent of broadband service that 
        exists in the area proposed to be served by the 
        broadband service-related infrastructure; and
          (2) the level and extent of broadband service that 
        will be deployed in the area proposed to be served by 
        the broadband service-related infrastructure pursuant 
        to another Federal program.
  (g) Requirement.--For each fiscal year, not less than 65 
percent of the amounts made available to carry out this section 
shall be used for grants for projects and activities described 
in subsection (b)(2).
           * * * * * * *

Sec. 14510. Drug abuse mitigation initiative

  (a) In General.-- * * *
           * * * * * * *

Sec. 14511. Appalachian regional energy hub initiative

  (a) In General.--The Appalachian Regional Commission may 
provide technical assistance to, make grants to, enter into 
contracts with, or otherwise provide amounts to individuals or 
entities in the Appalachian region for projects and 
activities--
          (1) to conduct research and analysis regarding the 
        economic impact of an ethane storage hub in the 
        Appalachian region that supports a more-effective 
        energy market performance due to the scale of the 
        project, such as a project with the capacity to store 
        and distribute more than 100,000 barrels per day of 
        hydrocarbon feedstock with a minimum gross heating 
        value of 1,700 Btu per standard cubic foot;
          (2) with the potential to significantly contribute to 
        the economic resilience of the area in which the 
        project is located; and
          (3) that will help establish a regional energy hub in 
        the Appalachian region for natural gas and natural gas 
        liquids, including hydrogen produced from the steam 
        methane reforming of natural gas feedstocks.
  (b) Limitation on Available Amounts.--Of the cost of any 
project or activity eligible for a grant under this section--
          (1) except as provided in paragraphs (2) and (3), not 
        more than 50 percent may be provided from amounts made 
        available to carry out this section;
          (2) in the case of a project or activity to be 
        carried out in a county for which a distressed county 
        designation is in effect under section 14526, not more 
        than 80 percent may be provided from amounts made 
        available to carry out this section; and
          (3) in the case of a project or activity to be 
        carried out in a county for which an at-risk county 
        designation is in effect under section 14526, not more 
        than 70 percent may be provided from amounts made 
        available to carry out this section.
  (c) Sources of Assistance.--Subject to subsection (b), a 
grant provided under this section may be provided from amounts 
made available to carry out this section, in combination with 
amounts made available--
          (1) under any other Federal program; or
          (2) from any other source.
  (d) Federal Share.--Notwithstanding any provision of law 
limiting the Federal share under any other Federal program, 
amounts made available to carry out this section may be used to 
increase that Federal share, as the Appalachian Regional 
Commission determines to be appropriate.
           * * * * * * *

                       CHAPTER 147--MISCELLANEOUS

Sec. 14701.* * *

           * * * * * * *

Sec. 14703. Authorization of appropriations

  (a) In General.--In addition to amounts made available under 
section 14501, there is authorized to be appropriated to the 
Appalachian Regional Commission to carry out this subtitle--
          (1)* * *
           * * * * * * *
          (4) $108,000,000 for fiscal year 2011; [and]
          (5) $110,000,000 for each of fiscal years 2012 
        through 2021[.] ; and
          (6) $200,000,000 for each of fiscal years 2022 
        through 2026.
           * * * * * * *
  (c) High-speed Broadband Deployment Initiative.--Of the 
amounts made available under subsection (a), [$10,000,000 may 
be used to carry out section 14509 for each of fiscal years 
2016 through 2021] $20,000,000 may be used to carry out section 
14509 for each of fiscal years 2022 through 2026.
  (d) Appalachian Regional Energy Hub Initiative.--Of the 
amounts made available under subsection (a), $5,000,000 shall 
be used to carry out section 14511 for each of fiscal years 
2022 through 2026.
  [(d)] (e) Availability.--Amounts made available under 
subsection (a) remain available until expended.
  [(e)] (f) Allocation of Funds.--Funds approved by the 
Appalachian Regional Commission for a project in a State in the 
Appalachian region pursuant to a congressional directive shall 
be derived from the total amount allocated to the State by the 
Appalachian Regional Commission from amounts appropriated to 
carry out this subtitle.

Sec. 14704. Termination

  This subtitle, except sections 14102(a)(1) and (b) and 14501, 
ceases to be in effect on October 1, [2021] 2026.
           * * * * * * *

                        TITLE 49--TRANSPORTATION

             SUBTITLE IX--MULTIMODAL FREIGHT TRANSPORTATION

           * * * * * * *

                 CHAPTER 701--MULTIMODAL FREIGHT POLICY

Sec. 70102. National freight strategic plan

  (a) In General.-- * * *
           * * * * * * *
  (b) Contents.--The national freight strategic plan shall 
include--
          (1) * * *
           * * * * * * *
          (10) an identification of best practices for 
        improving the performance of the National Multimodal 
        Freight Network, including critical commerce corridors 
        and rural and urban access to critical freight 
        corridors; [and]
          (11) an identification of best practices to mitigate 
        the impacts of freight movement on communities[.] ; and
          (12) possible strategies to increase the resilience 
        of the freight system, including the ability to 
        anticipate, prepare for, or adapt to conditions, or 
        withstand, respond to, or recover rapidly from 
        disruptions, including extreme weather and natural 
        disasters;
          (13) strategies to promote United States economic 
        growth and international competitiveness; and
          (14) strategies to reduce local air pollution from 
        freight movement, stormwater runoff, and wildlife 
        habitat loss resulting from freight facilities, freight 
        vehicles, or freight activity.
           * * * * * * *
  (e) Assistant Secretaries; General Counsel.--
          (1) Appointment.--The Department has [6 Assistant] 7 
        Assistant Secretaries and a General Counsel, 
        including--
                  (A) an Assistant Secretary for Aviation and 
                International Affairs, an Assistant Secretary 
                for Governmental Affairs, an Assistant 
                Secretary for Research and Technology, and an 
                Assistant Secretary for Transportation Policy, 
                who shall each be appointed by the President, 
                with the advice and consent of the Senate;
                  (B) an Assistant Secretary for Budget and 
                Programs who shall be appointed by the 
                President;
                  (C) an Assistant Secretary for 
                Administration, who shall be appointed by the 
                Secretary, with the approval of the President; 
                [and]
                  (D) an Assistant Secretary for Tribal 
                Government Affairs, who shall be appointed by 
                the President; and
                  [(D)] (E) a General Counsel, who shall be 
                appointed by the President, with the advice and 
                consent of the Senate.
           * * * * * * *
  [(f) Deputy Assistant Secretary for Tribal Government 
Affairs.--
          [(1) Establishment.--In accordance with Federal 
        policies promoting Indian self determination, the 
        Department of Transportation shall have, within the 
        office of the Secretary, a Deputy Assistant Secretary 
        for Tribal Government Affairs appointed by the 
        President to plan, coordinate, and implement the 
        Department of Transportation policy and programs 
        serving Indian tribes and tribal organizations and to 
        coordinate tribal transportation programs and 
        activities in all offices and administrations of the 
        Department and to be a participant in any negotiated 
        rulemaking relating to, or having an impact on, 
        projects, programs, or funding associated with the 
        tribal transportation program.]
  (f) Office of Tribal Government Affairs.--
          (1) Establishment.--There is established in the 
        Department an Office of Tribal Government Affairs, 
        under the Assistant Secretary for Tribal Government 
        Affairs--
                  (A) to oversee the tribal self-governance 
                program under section 207 of title 23;
                  (B) to plan, coordinate, and implement 
                policies and programs serving Indian Tribes and 
                Tribal organizations;
                  (C) to coordinate Tribal transportation 
                programs and activities in all offices and 
                administrations of the Department; and
                  (D) to be a participant in any negotiated 
                rulemakings relating to, or having an impact 
                on, projects, programs, or funding associated 
                with the Tribal transportation program under 
                section 202 of title 23.
           * * * * * * *

CHAPTER 702--MULTIMODAL FREIGHT TRANSPORTATION PLANNING AND INFORMATION

Sec. 70201. State freight advisory committees

  (a) In General.--The Secretary of Transportation shall 
encourage each State to establish a freight advisory committee 
consisting of a [representative cross-section of public and 
private sector freight stakeholders, including representatives 
of ports, freight railroads, shippers, carriers, freight-
related associations, third-party logistics providers, the 
freight industry workforce, the transportation department of 
the State, and local governments.] ``representatives of--
          (1) ports, if applicable;
          (2) freight railroads, if applicable;
          (3) shippers;
          (4) carriers;
          (5) freight-related associations;
          (6) third-party logistics providers;
          (7) the freight industry workforce;
          (8) the transportation department of the State;
          (9) metropolitan planning organizations;
          (10) local governments;
          (11) the environmental protection department of the 
        State, if applicable;
          (12) the air resources board of the State, if 
        applicable; and
          (13) economic development agencies of the State.
  (b) Qualifications.--Each member of a freight advisory 
committee established under subsection (a) shall have 
qualifications sufficient to serve on a freight advisory 
committee, including, as applicable--
          (1) general business and financial experience;
          (2) experience or qualifications in the areas of 
        freight transportation and logistics;
          (3) experience in transportation planning;
          (4) experience representing employees of the freight 
        industry; or
          (5) experience representing a State, local 
        government, or metropolitan planning organization.
  [(b)] (c) Role of Committee.--A freight advisory committee of 
a State described in subsection (a) shall--
          (1) advise the State on freight-related priorities, 
        issues, projects, and funding needs;
          (2) serve as a forum for discussion for State 
        transportation decisions affecting freight mobility;
          (3) communicate and coordinate regional priorities 
        with other organizations;
          (4) promote the sharing of information between the 
        private and public sectors on freight issues; and
          (5) participate in the development of the freight 
        plan of the State described in section [70202] 70202, 
        including by providing advice regarding the development 
        of the freight investment plan.
           * * * * * * *

Sec. 70202. State freight plans

  (a) In General.-- * * *
           * * * * * * *
  (b) Plan Contents.--A State freight plan described in 
subsection (a) shall include, at a minimum--
          (1) * * *
           * * * * * * *
          (9) a freight investment plan that, subject to 
        subsection (c)(2), includes a list of priority projects 
        and describes how funds made available to carry out 
        section 167 of title 23 would be invested and matched; 
        [and]
          (10) the most recent commercial motor vehicle parking 
        facilities assessment conducted under subsection (f);
          (11) strategies and goals to decrease--
                  (A) the severity of impacts of extreme 
                weather and natural disasters on freight 
                mobility;
                  (B) the impacts of freight movement on local 
                air pollution;
                  (C) the impacts of freight movement on 
                flooding and stormwater runoff; and
                  (D) the impacts of freight movement on 
                wildlife habitat loss; and
          [(10)] (12) consultation with the State freight 
        advisory committee, if applicable.
           * * * * * * *
  (d) Planning Period.--A State freight plan described in 
subsection (a) shall address a 5-year forecast period.
  (e) Priority.--Each State freight plan under this section 
shall include a requirement that the State, in carrying out 
activities under the State freight plan--
          (1) enhance reliability or redundancy of freight 
        transportation; or
          (2) incorporate the ability to rapidly restore access 
        and reliability of freight transportation.
  (f) Commercial Motor Vehicle Parking Facilities 
Assessments.--As part of the development or updating, as 
applicable, of the State freight plan under this section, each 
State that receives funding under section 167 of title 23, in 
consultation with relevant State motor carrier safety 
personnel, shall conduct an assessment of--
          (1) the capability of the State, together with the 
        private sector in the State, to provide adequate 
        parking facilities and rest facilities for commercial 
        motor vehicles engaged in interstate transportation;
          (2) the volume of commercial motor vehicle traffic in 
        the State; and
          (3) whether there are any areas within the State that 
        have a shortage of adequate commercial motor vehicle 
        parking facilities, including an analysis (economic or 
        otherwise, as the State determines to be appropriate) 
        of the underlying causes of any such shortages.
  (g) Approval.--
          (1) In general.--The Secretary of Transportation 
        shall approve a State freight plan described in 
        subsection (a) if the plan achieves compliance with the 
        requirements of this section.
          (2) Savings provision.--Nothing in this subsection 
        establishes new procedural requirements for the 
        approval of a State freight plan described in 
        subsection (a).
  [(e)] (h) Updates.--
          (1) In general.--A State shall update a State freight 
        plan described in subsection (a) not less frequently 
        than once every 5 years.
          (2) Freight investment plan.--A State may update a 
        freight investment plan described in subsection (b)(9) 
        more frequently than is required under paragraph (1
           * * * * * * *

  (SAFETEA-LU) Safe, Accountable, Flexible, Efficient Transportation 
                     Equity Act: A Legacy for Users

           * * * * * * *

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) [23 U.S.C. 101 note] Short Title.--This Act may be cited 
as the ``Safe, Accountable, Flexible, Efficient Transportation 
Equity Act: A Legacy for Users'' or ``SAFETEA-LU''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:
           * * * * * * *

Sec. 1. Short title; table of contents.
Sec. 2. General definitions.

                      TITLE I--FEDERAL-AID HIGHWAYS

                  Subtitle A--Authorization of Programs

Sec. 1101. Authorization of appropriations.
      * * * * * * *

                       Subtitle D--Highway Safety

Sec. 1404. [Safe routes to school program.]
      * * * * * * *

                                 MAP-21

           * * * * * * *

SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
                    CONTENTS.

  (a) [23 U.S.C. 101 note] Short Title.--
           * * * * * * *

   DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION 
                                PROGRAMS

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 
                    CONTENTS.

  (a) [23 U.S.C. 101 note] Short Title.--This Act may be cited 
as the ``Moving Ahead for Progress in the 21st Century Act'' or 
the ``MAP-21''.
           * * * * * * *

SEC. 1123. [23 U.S.C. 202 NOTE] TRIBAL HIGH PRIORITY PROJECTS PROGRAM.

  (a) Definitions.-- * * *
           * * * * * * *
  [(h) Authorization of Appropriations.--
          (1) In general.--There is authorized to be 
        appropriated $30,000,000 out of the general fund of the 
        Treasury to carry out the program for each of fiscal 
        years 2013 through 2015 and $5,327,869 out of the 
        general fund of the Treasury to carry out the program 
        for the period beginning on October 1, 2015, and ending 
        on December 4, 2015.]
  (h) Funding.--
          (1) Set-aside.--For each of fiscal years 2022 through 
        2026, of the amounts made available to carry out the 
        tribal transportation program under section 202 of 
        title 23, United States Code, for that fiscal year, the 
        Secretary shall use $9,000,000 to carry out the 
        program.
          (2) Authorization of appropriations.--In addition to 
        amounts made available under paragraph (1), there is 
        authorized to be appropriated $30,000,000 out of the 
        general fund of the Treasury to carry out the program 
        for each of fiscal years 2022 through 2026.
          [(2)] (3) Administration.--The funds made available 
        under [paragraph (1)] paragraphs (1) and (2) shall be 
        administered in the same manner as funds made available 
        for the tribal transportation program under section 202 
        of title 23, United States Code, except that--
                  (A) the funds made available for the program 
                shall remain available until September 30 of 
                the third fiscal year after the year 
                appropriated; and
                  (B) the Federal share of the cost of a 
                project shall be 100 percent.
           * * * * * * *

              Subtitle C--Acceleration of Project Delivery

SEC. 1317. [23 U.S.C. 109 NOTE] CATEGORICAL EXCLUSION FOR PROJECTS OF 
                    LIMITED FEDERAL ASSISTANCE.

  Not later than 180 days after the date of enactment of this 
Act, the Secretary shall--*
          (1) designate as an action categorically excluded 
        from the requirements relating to environmental 
        assessments or environmental impact statements under 
        section 1508.4 of title 40, Code of Federal 
        Regulations, and section 771.117(c) of title 23, Code 
        of Federal Regulations, any project--
                  (A) that receives less than [$5,000,000] 
                $6,000,000 (as adjusted annually by the 
                Secretary to reflect any increases in the 
                Consumer Price Index prepared by the Department 
                of Labor) of Federal funds; or
                  (B) with a total estimated cost of not more 
                than [$30,000,000] $35,000,000 (as adjusted 
                annually by the Secretary to reflect any 
                increases in the Consumer Price Index prepared 
                by the Department of Labor) and Federal funds 
                comprising less than 15 percent of the total 
                estimated project cost; and
          (2) not later than 150 days after the date of 
        enactment of this Act, promulgate regulations to carry 
        out paragraph (1).
           * * * * * * *

                       Subtitle E--Miscellaneous

SEC. 1519. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE PROVISIONS.

  (a) Consolidation of Programs.--For each of [fiscal years 
2016 through 2020] fiscal years 2022 through 2026, before 
making an apportionment under section 104(b)(3) of title 23, 
United States Code, the Secretary shall set aside, from amounts 
made available to carry out the highway safety improvement 
program under section 148 of such title for the fiscal year, 
$3,500,000--
           * * * * * * *

              Fixing America's Surface Transportation Act

           * * * * * * *

SECTION 1. [23 U.S.C. 101 NOTE] SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Fixing 
America's Surface Transportation Act'' or the ``FAST Act''.
  (b) Table of contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.

                   DIVISION A--SURFACE TRANSPORTATION

Sec. 1001. Definitions.
      * * * * * * *

                          TITLE VI--INNOVATION

Sec. 6001. Short title.
      * * * * * * *
Sec. 6020. [Surface transportation system funding alternatives.]
      * * * * * * *

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

SEC. 1123. [23 U.S.C. 201 NOTE] NATIONALLY SIGNIFICANT FEDERAL LANDS 
                    AND TRIBAL PROJECTS PROGRAM.

  (a) Purpose.-- * * *
           * * * * * * *
  (c) Eligible Projects.--An eligible project under the program 
shall be a single continuous project--
          (1) * * *
           * * * * * * *
          (3) having an estimated cost, based on the results of 
        preliminary engineering, equal to or exceeding 
        [$25,000,000, with priority consideration given to 
        projects with an estimated cost equal to or exceeding 
        $50,000,000.] $12,500,000.
           * * * * * * *
  [(g) Federal share.--
          (1) In general.--The Federal]
  (g) Cost Share.--
          (1) Federal share.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the Federal; share of the 
                cost of a project shall be up to 90 percent.
                  (B) Tribal projects.--In the case of a 
                project on a tribal transportation facility (as 
                defined in section 101(a) of title 23, United 
                States Code), the Federal share of the cost of 
                the project shall be 100 percent.
          (2) Non-federal share.--Notwithstanding any other 
        provision of law, any Federal funds [other than those 
        made available under title 23 or title 49, United 
        States Code,] may be used to pay the non-Federal share 
        of the cost of a project carried out under this 
        section.
  [(h) Authorization of appropriations.--There is authorized to 
be appropriated to carry out this section $100,000,000 for each 
of fiscal years 2016 through 2020. Such sums shall remain 
available for a period of 3 fiscal years following the fiscal 
year for which the amounts are appropriated.]
  (h) Use of Funds.--
          (1) In general.--For each fiscal year, of the amounts 
        made available to carry out this section--
                  (A) 50 percent shall be used for eligible 
                projects on Federal lands transportation 
                facilities and Federal lands access 
                transportation facilities (as those terms are 
                defined in section 101(a) of title 23, United 
                States Code); and
                  (B) 50 percent shall be used for eligible 
                projects on tribal transportation facilities 
                (as defined in section 101(a) of title 23, 
                United States Code).
          (2) Requirement.--Not less than 1 eligible project 
        carried out using the amount described in paragraph 
        (1)(A) shall be in a unit of the National Park System 
        with not less than 3,000,000 annual visitors.
          (3) Availability.--Amounts made available to carry 
        out this section shall remain available for a period of 
        3 fiscal years following the fiscal year for which the 
        amounts are appropriated.
           * * * * * * *

                       Subtitle D--Miscellaneous

SEC. 1420. [23 U.S.C. 101 NOTE] FLEXIBILITY FOR PROJECTS.

  (a) Authority.--With respect to projects eligible for funding 
under title 23, United States Code, subject to subsection (b) 
[and on request by a State, the Secretary may--
          (1) exercise all existing flexibilities under and 
        exceptions to--
                  (A) the requirements of title 23, United 
                States Code; and
                  (B) other requirements administered by the 
                Secretary, in whole or part; and
          (2) otherwise provide additional flexibility or 
        expedited processing with respect to the requirements 
        described in paragraph (1).] , on request by a State, 
        and if in the public interest (as determined by the 
        Secretary), the Secretary shall exercise all existing 
        flexibilities under--
          (1) the requirements of title 23, United States Code; 
        and
          (2) other requirements administered by the Secretary, 
        in whole or in part.
  (b) Maintaining Protections.--Nothing in this section--
          (1) waives the requirements of section 113 or 138 of 
        title 23, United States Code;
          (2) supersedes, amends, or modifies--
                  (A) the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) or any other 
                Federal environmental law (including 
                regulations); or
                  (B) any requirement of title 23 or title 49, 
                United States Code; or
          (3) affects the responsibility of any Federal officer 
        to comply with or enforce any law or requirement 
        described in this subsection.
           * * * * * * *

SEC. 6028. [23 U.S.C. 150 NOTE] PERFORMANCE MANAGEMENT DATA SUPPORT 
                    PROGRAM.

  (a) Performance Management Data Support.-- * * *
           * * * * * * *
  (c) Funding.--From amounts authorized to carry out the 
Highway Research and Development Program, the Administrator of 
the Federal Highway Administration may use up to $10,000,000 
for each of [fiscal years 2016 through 2020] fiscal years 2022 
through 2026 to carry out this section.
           * * * * * * *

                      DANALI COMMISSION ACT OF 1998

            DIVISION A, SECTION 101, SECTION 329, TITLE XI,

            DIVISION A--OMNIBUS CONSOLIDATED APPROPRIATIONS

  That the following sums are appropriated, out of any money in 
the Treasury not otherwise appropriated, for the several 
departments, agencies, corporations and other organizational 
units of the Government for the fiscal year 1999, and for other 
purposes, namely:
  Sec. 101. (a) * * *
          * * * * * * *

SEC. 311. [42 U.S.C. 3121 NOTE] TRANSFER OF FUNDS FROM OTHER FEDERAL 
                    AGENCIES.

  (a) In General.--Subject to subsection (c), for purposes of 
this Act, the Commission may accept transfers of funds from 
other Federal agencies.
           * * * * * * *
  (c) Treatment.--Any funds transferred to the Commission under 
this subsection--
          (1) shall remain available until expended; [and]
          (2) may, to the extent necessary to carry out this 
        Act, be transferred to, and merged with, the amounts 
        made available by appropriations Acts for the 
        Commission by the Federal Cochairperson[.] ; and
          (3) notwithstanding any other provision of law, 
        shall--
                  (A) be treated as if directly appropriated to 
                the Commission and subject to applicable 
                provisions of this Act; and
                  (B) not be subject to any requirements that 
                applied to the funds before the transfer, 
                including a requirement in an appropriations 
                Act or a requirement or regulation of the 
                Federal agency from which the funds are 
                transferred.
           * * * * * * *

        INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991

           * * * * * * *

SECTION 1. [49 U.S.C. 101 NOTE] SHORT TITLE.

  This Act may be cited as the ``Intermodal Surface 
Transportation Efficiency Act of 1991''.
           * * * * * * *

SEC. 1105. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.

  (a) Findings.-- * * *
           * * * * * * *
  (c) Identification of High Priority Corridors on National 
Highway System.--The following are high priority corridors on 
the National Highway System:
          (1) * * *
           * * * * * * *
          (91) The Wendell H. Ford (Western Kentucky) Parkway 
        from the interchange with the William H. Natcher 
        Parkway in Ohio County, Kentucky, west to the 
        interchange of the Western Kentucky Parkway with the 
        Edward T. Breathitt (Pennyrile) Parkway.
          (92) United States Route 421 from the interchange 
        with Interstate Route 85 in Greensboro, North Carolina, 
        to the interchange with Interstate Route 95 in Dunn, 
        North Carolina.
          (93) The South Mississippi Corridor from the 
        Louisiana and Mississippi border near Natchez, 
        Mississippi, to Gulfport, Mississippi, shall generally 
        follow--
                  (A) United States Route 84 from the Louisiana 
                border at the Mississippi River passing in the 
                vicinity of Natchez, Brookhaven, Monticello, 
                Prentiss, and Collins, Mississippi, to the 
                logical terminus with Interstate Route 59 in 
                the vicinity of Laurel, Mississippi, and 
                continuing on Interstate Route 59 south to the 
                vicinity of Hattiesburg, Mississippi; and
                  (B) United States Route 49 from the vicinity 
                of Hattiesburg, Mississippi, south to 
                Interstate Route 10 in the vicinity of 
                Gulfport, Mississippi, following Mississippi 
                Route 601 south and terminating near the 
                Mississippi State Port at Gulfport.
          (94) The Kosciusko to Gulf Coast corridor commencing 
        at the logical terminus of Interstate Route 55 near 
        Vaiden, Mississippi, running south and passing east of 
        the vicinity of the Jackson Urbanized Area, connecting 
        to United States Route 49 north of Hattiesburg, 
        Mississippi, and generally following United States 
        Route 49 to a logical connection with Interstate Route 
        10 in the vicinity of Gulfport, Mississippi.
          (95) The Interstate Route 22 spur from the vicinity 
        of Tupelo, Mississippi, running south generally along 
        United States Route 45 to the vicinity of Shannon, 
        Mississippi.
          (96) The route that generally follows United States 
        Route 412 from its intersection with Interstate Route 
        35 in Noble County, Oklahoma, passing through Tulsa, 
        Oklahoma, to its intersection with Interstate Route 49 
        in Springdale, Arkansas.
          (97) The Louie B. Nunn Cumberland Expressway from the 
        interchange with Interstate Route 65 in Barren County, 
        Kentucky, east to the interchange with United States 
        Highway 27 in Somerset, Kentucky.
          (98) The route that generally follows State Route 7 
        from Grenada, Mississippi, to Holly Springs, 
        Mississippi, passing in the vicinity of Coffeeville, 
        Water Valley, Oxford, and Abbeville, Mississippi, to 
        its logical connection with Interstate Route 22 in the 
        vicinity of Holly Springs, Mississippi.
           * * * * * * *
  (e) Provisions Applicable to Corridors.--
          (1) Long-range plan.-- * * *
           * * * * * * *
          (5) Inclusion of certain route segments on interstate 
        system.--
                  (A) In general.--The portions of the routes 
                referred to in subsection (c)(1), subsection 
                (c)(3) (relating solely to the Kentucky 
                Corridor), clauses (i), (ii), and (except with 
                respect to Georgetown County) (iii) of 
                subsection (c)(5)(B), subsection (c)(9), 
                subsection (c)(13), subsection (c)(18), 
                subsection (c)(20), subparagraphs (A) and 
                (B)(i) of subsection (c)(26), subsection 
                (c)(36), subsection (c)(37), subsection 
                (c)(40), subsection (c)(42), subsection 
                (c)(45), subsection (c)(54), subsection 
                (c)(57), subsection (c)(68)(B), subsection 
                (c)(81), subsection (c)(82), subsection 
                (c)(83), subsection (c)(89), subsection 
                (c)(90), [and subsection (c)(91)] subsection 
                (c)(91), subsection (c)(92), subsection 
                (c)(93)(A), subsection (c)(94), subsection 
                (c)(95), subsection (c)(96), and subsection 
                (c)(97). that are not a part of the Interstate 
                System are designated as future parts of the 
                Interstate System. Any segment of such routes 
                shall become a part of the Interstate System at 
                such time as the Secretary determines that the 
                segment meets the Interstate System design 
                standards approved by the Secretary under 
                section 109(b) of title 23, United States Code, 
                and is planned to connect to an existing 
                Interstate System segment by the date that is 
                25 years after the date of enactment of the 
                MAP-21.
           * * * * * * *
                  (C) Routes.--
                          (i) Designation.--The portion of the 
                        route referred to in subsection (c)(9) 
                        is designated as Interstate Route I-99. 
                        The routes referred to in subsections 
                        (c)(18) and (c)(20) shall be designated 
                        as Interstate Route I-69. A State 
                        having jurisdiction over any segment of 
                        routes referred to in subsections 
                        (c)(18) and (c)(20) shall erect signs 
                        identifying such segment that is 
                        consistent with the criteria set forth 
                        in subsections (e)(5)(A)(i) and 
                        (e)(5)(A)(ii) as Interstate Route I-69, 
                        including segments of United States 
                        Route 59 in the State of Texas. The 
                        segment identified in subsection 
                        (c)(18)(D)(i) shall be designated as 
                        Interstate Route I-69 East, and the 
                        segment identified in subsection 
                        (c)(18)(D)(ii) shall be designated as 
                        Interstate Route I-69 Central. The 
                        State of Texas shall erect signs 
                        identifying such routes as segments of 
                        future Interstate Route I-69. The 
                        portion of the route referred to in 
                        subsection (c)(36) is designated as 
                        Interstate Route I-86. The Louie B. 
                        Nunn Parkway corridor referred to in 
                        subsection (c)(3) shall be designated 
                        as Interstate Route 66. A State having 
                        jurisdiction over any segment of routes 
                        and/or corridors referred to in 
                        subsections (c)(3) shall erect signs 
                        identifying such segment that is 
                        consistent with the criteria set forth 
                        in subsections (e)(5)(A)(i) and 
                        (e)(5)(A)(ii) as Interstate Route 66. 
                        Notwithstanding the provisions of 
                        subsections (e)(5)(A)(i) and 
                        (e)(5)(A)(ii), or any other provisions 
                        of this Act, the Commonwealth of 
                        Kentucky shall erect signs, as approved 
                        by the Secretary, identifying the 
                        routes and/or corridors described in 
                        subsection (c)(3) for the Commonwealth, 
                        as segments of future Interstate Route 
                        66. The Purchase Parkway corridor 
                        referred to in subsection (c)(18)(E) 
                        shall be designated as Interstate Route 
                        69. A State having jurisdiction over 
                        any segment of routes and/or corridors 
                        referred to in subsections (c)(18) 
                        shall erect signs identifying such 
                        segment that is consistent with the 
                        criteria set forth in subsections 
                        (e)(5)(A)(i) and (e)(5)(A)(ii) as 
                        Interstate Route 69. Notwithstanding 
                        the provisions of subsections 
                        (e)(5)(A)(i) and (e)(5)(A)(ii), or any 
                        other provisions of this Act, the 
                        Commonwealth of Kentucky shall erect 
                        signs, as approved by the Secretary, 
                        identifying the routes and/or corridors 
                        described in subsection (c)(18) for the 
                        Commonwealth, as segments of future 
                        Interstate Route 69. The route referred 
                        to in subsection (c)(45) is designated 
                        as Interstate Route I-22. The routes 
                        referred to in subparagraphs (A) and 
                        (B)(i) of subsection (c)(26) and in 
                        subsection (c)(68)(B) are designated as 
                        Interstate Route I-11. The route 
                        referred to in subsection (c)(84) is 
                        designated as Interstate Route I-14. 
                        The route referred to in subsection 
                        (c)(89) is designated as Interstate 
                        Route I-57. The route referred to in 
                        subsection (c)(90) is designated as 
                        Interstate Route I-169. The route 
                        referred to in subsection (c)(91) is 
                        designated as Interstate Route I-569. 
                        The route referred to in subsection 
                        (c)(97) is designated as Interstate 
                        Route I-365.
           * * * * * * *
                              ----------                              


                                  [all]