[Senate Report 117-41]
[From the U.S. Government Publishing Office]
Calendar No. 64
117th Congress } { Report
SENATE
1st Session } { 117-41
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SURFACE TRANSPORTATION REAUTHORIZATION ACT OF 2021
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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.
* * * * * * *
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