[112th Congress Public Law 141]
[From the U.S. Government Printing Office]
[[Page 126 STAT. 405]]
Public Law 112-141
112th Congress
An Act
To authorize funds for Federal-aid highways, highway safety programs,
and transit programs, and for other purposes. <<NOTE: July 6,
2012 - [H.R. 4348]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Moving Ahead for
Progress in the 21st Century Act. State and local governments.>>
SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DIVISIONS; TABLE
OF CONTENTS.
(a) <<NOTE: 23 USC 101 note.>> Short Title.--This Act may be cited
as the ``Moving Ahead for Progress in the 21st Century Act'' or the
``MAP-21''.
(b) Divisions.--This Act is organized into 8 divisions as follows:
(1) Division A-Federal-aid Highways and Highway Safety
Construction Programs.
(2) Division B-Public Transportation.
(3) Division C-Transportation Safety and Surface
Transportation Policy.
(4) Division D-Finance.
(5) Division E-Research and Education.
(6) Division F-Miscellaneous.
(7) Division G-Surface Transportation Extension.
(8) Division H-Budgetary Effects.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; organization of Act into divisions; table of
contents.
Sec. 2. Definitions.
Sec. 3. Effective date.
DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION
PROGRAMS
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Definitions.
Sec. 1104. National Highway System.
Sec. 1105. Apportionment.
Sec. 1106. National highway performance program.
Sec. 1107. Emergency relief.
Sec. 1108. Surface transportation program.
Sec. 1109. Workforce development.
Sec. 1110. Highway use tax evasion projects.
Sec. 1111. National bridge and tunnel inventory and inspection
standards.
Sec. 1112. Highway safety improvement program.
Sec. 1113. Congestion mitigation and air quality improvement program.
Sec. 1114. Territorial and Puerto Rico highway program.
Sec. 1115. National freight policy.
Sec. 1116. Prioritization of projects to improve freight movement.
Sec. 1117. State freight advisory committees.
[[Page 126 STAT. 406]]
Sec. 1118. State freight plans.
Sec. 1119. Federal lands and tribal transportation programs.
Sec. 1120. Projects of national and regional significance.
Sec. 1121. Construction of ferry boats and ferry terminal facilities.
Sec. 1122. Transportation alternatives.
Sec. 1123. Tribal high priority projects program.
Subtitle B--Performance Management
Sec. 1201. Metropolitan transportation planning.
Sec. 1202. Statewide and nonmetropolitan transportation planning.
Sec. 1203. National goals and performance management measures.
Subtitle C--Acceleration of Project Delivery
Sec. 1301. Declaration of policy and project delivery initiative.
Sec. 1302. Advance acquisition of real property interests.
Sec. 1303. Letting of contracts.
Sec. 1304. Innovative project delivery methods.
Sec. 1305. Efficient environmental reviews for project decisionmaking.
Sec. 1306. Accelerated decisionmaking.
Sec. 1307. Assistance to affected Federal and State agencies.
Sec. 1308. Limitations on claims.
Sec. 1309. Accelerating completion of complex projects within 4 years.
Sec. 1310. Integration of planning and environmental review.
Sec. 1311. Development of programmatic mitigation plans.
Sec. 1312. State assumption of responsibility for categorical
exclusions.
Sec. 1313. Surface transportation project delivery program.
Sec. 1314. Application of categorical exclusions for multimodal
projects.
Sec. 1315. Categorical exclusions in emergencies.
Sec. 1316. Categorical exclusions for projects within the right-of-way.
Sec. 1317. Categorical exclusion for projects of limited Federal
assistance.
Sec. 1318. Programmatic agreements and additional categorical
exclusions.
Sec. 1319. Accelerated decisionmaking in environmental reviews.
Sec. 1320. Memoranda of agency agreements for early coordination.
Sec. 1321. Environmental procedures initiative.
Sec. 1322. Review of State environmental reviews and approvals for the
purpose of eliminating duplication of environmental reviews.
Sec. 1323. Review of Federal project and program delivery.
Subtitle D--Highway Safety
Sec. 1401. Jason's law.
Sec. 1402. Open container requirements.
Sec. 1403. Minimum penalties for repeat offenders for driving while
intoxicated or driving under the influence.
Sec. 1404. Adjustments to penalty provisions.
Sec. 1405. Highway worker safety.
Subtitle E--Miscellaneous
Sec. 1501. Real-time ridesharing.
Sec. 1502. Program efficiencies.
Sec. 1503. Project approval and oversight.
Sec. 1504. Standards.
Sec. 1505. Justification reports for access points on the Interstate
System.
Sec. 1506. Construction.
Sec. 1507. Maintenance.
Sec. 1508. Federal share payable.
Sec. 1509. Transferability of Federal-aid highway funds.
Sec. 1510. Idle reduction technology.
Sec. 1511. Special permits during periods of national emergency.
Sec. 1512. Tolling.
Sec. 1513. Miscellaneous parking amendments.
Sec. 1514. HOV facilities.
Sec. 1515. Funding flexibility for transportation emergencies.
Sec. 1516. Defense access road program enhancements to address
transportation infrastructure in the vicinity of military
installations.
Sec. 1517. Mapping.
Sec. 1518. Buy America provisions.
Sec. 1519. Consolidation of programs; repeal of obsolete provisions.
Sec. 1520. Denali Commission.
Sec. 1521. Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 amendments.
Sec. 1522. Extension of public transit vehicle exemption from axle
weight restrictions.
[[Page 126 STAT. 407]]
Sec. 1523. Use of debris from demolished bridges and overpasses.
Sec. 1524. Use of youth service and conservation corps.
Sec. 1525. State autonomy for culvert pipe selection.
Sec. 1526. Evacuation routes.
Sec. 1527. Consolidation of grants.
Sec. 1528. Appalachian development highway system.
Sec. 1529. Engineering judgment.
Sec. 1530. Transportation training and employment programs.
Sec. 1531. Notice of certain grant awards.
Sec. 1532. Budget justification.
Sec. 1533. Prohibition on use of funds for automated traffic
enforcement.
Sec. 1534. Public-private partnerships.
Sec. 1535. Report on Highway Trust Fund expenditures.
Sec. 1536. Sense of Congress on harbor maintenance.
Sec. 1537. Estimate of harbor maintenance needs.
Sec. 1538. Asian carp.
Sec. 1539. Rest areas.
Subtitle F--Gulf Coast Restoration
Sec. 1601. Short title.
Sec. 1602. Gulf Coast Restoration Trust Fund.
Sec. 1603. Gulf Coast natural resources restoration and economic
recovery.
Sec. 1604. Gulf Coast Ecosystem Restoration Science, Observation,
Monitoring, and Technology program.
Sec. 1605. Centers of excellence research grants.
Sec. 1606. Effect.
Sec. 1607. Restoration and protection activity limitations.
Sec. 1608. Inspector General.
TITLE II--AMERICA FAST FORWARD FINANCING INNOVATION
Sec. 2001. Short title.
Sec. 2002. Transportation Infrastructure Finance and Innovation Act of
1998 amendments.
DIVISION B--PUBLIC TRANSPORTATION
Sec. 20001. Short title.
Sec. 20002. Repeals.
Sec. 20003. Policies and purposes.
Sec. 20004. Definitions.
Sec. 20005. Metropolitan transportation planning.
Sec. 20006. Statewide and nonmetropolitan transportation planning.
Sec. 20007. Urbanized area formula grants.
Sec. 20008. Fixed guideway capital investment grants.
Sec. 20009. Mobility of seniors and individuals with disabilities.
Sec. 20010. Formula grants for rural areas.
Sec. 20011. Research, development, demonstration, and deployment
projects.
Sec. 20012. Technical assistance and standards development.
Sec. 20013. Private sector participation.
Sec. 20014. Bus testing facilities.
Sec. 20015. Human resources and training.
Sec. 20016. General provisions.
Sec. 20017. Public Transportation Emergency Relief Program.
Sec. 20018. Contract requirements.
Sec. 20019. Transit asset management.
Sec. 20020. Project management oversight.
Sec. 20021. Public transportation safety.
Sec. 20022. Alcohol and controlled substances testing.
Sec. 20023. Nondiscrimination.
Sec. 20024. Administrative provisions.
Sec. 20025. National transit database.
Sec. 20026. Apportionment of appropriations for formula grants.
Sec. 20027. State of good repair grants.
Sec. 20028. Authorizations.
Sec. 20029. Bus and bus facilities formula grants.
Sec. 20030. Technical and conforming amendments.
DIVISION C--TRANSPORTATION SAFETY AND SURFACE TRANSPORTATION POLICY
TITLE I--MOTOR VEHICLE AND HIGHWAY SAFETY IMPROVEMENT ACT OF 2012
Sec. 31001. Short title.
[[Page 126 STAT. 408]]
Sec. 31002. Definition.
Subtitle A--Highway Safety
Sec. 31101. Authorization of appropriations.
Sec. 31102. Highway safety programs.
Sec. 31103. Highway safety research and development.
Sec. 31104. National driver register.
Sec. 31105. National priority safety programs.
Sec. 31106. High visibility enforcement program.
Sec. 31107. Agency accountability.
Sec. 31108. Emergency medical services.
Sec. 31109. Repeal of programs.
Subtitle B--Enhanced Safety Authorities
Sec. 31201. Definition of motor vehicle equipment.
Sec. 31202. Permit reminder system for non-use of safety belts.
Sec. 31203. Civil penalties.
Sec. 31204. Motor vehicle safety research and development.
Sec. 31205. Odometer requirements.
Sec. 31206. Increased penalties and damages for odometer fraud.
Sec. 31207. Extend prohibitions on importing noncompliant vehicles and
equipment to defective vehicles and equipment.
Sec. 31208. Conditions on importation of vehicles and equipment.
Sec. 31209. Port inspections; samples for examination or testing.
Subtitle C--Transparency and Accountability
Sec. 31301. Public availability of recall information.
Sec. 31302. National Highway Traffic Safety Administration outreach to
manufacturer, dealer, and mechanic personnel.
Sec. 31303. Public availability of communications to dealers.
Sec. 31304. Corporate responsibility for National Highway Traffic Safety
Administration reports.
Sec. 31305. Passenger motor vehicle information program.
Sec. 31306. Promotion of vehicle defect reporting.
Sec. 31307. Whistleblower protections for motor vehicle manufacturers,
part suppliers, and dealership employees.
Sec. 31308. Anti-revolving door.
Sec. 31309. Study of crash data collection.
Sec. 31310. Update means of providing notification; improving efficacy
of recalls.
Sec. 31311. Expanding choices of remedy available to manufacturers of
replacement equipment.
Sec. 31312. Recall obligations and bankruptcy of manufacturer.
Sec. 31313. Repeal of insurance reports and information provision.
Sec. 31314. Monroney sticker to permit additional safety rating
categories.
Subtitle D--Vehicle Electronics and Safety Standards
Sec. 31401. National Highway Traffic Safety Administration electronics,
software, and engineering expertise.
Sec. 31402. Electronic systems performance.
Subtitle E--Child Safety Standards
Sec. 31501. Child safety seats.
Sec. 31502. Child restraint anchorage systems.
Sec. 31503. Rear seat belt reminders.
Sec. 31504. Unattended passenger reminders.
Sec. 31505. New deadline.
Subtitle F--Improved Daytime and Nighttime Visibility of Agricultural
Equipment
Sec. 31601. Rulemaking on visibility of agricultural equipment.
TITLE II--COMMERCIAL MOTOR VEHICLE SAFETY ENHANCEMENT ACT OF 2012
Sec. 32001. Short title.
Sec. 32002. References to title 49, United States Code.
Subtitle A--Commercial Motor Vehicle Registration
Sec. 32101. Registration of motor carriers.
Sec. 32102. Safety fitness of new operators.
Sec. 32103. Reincarnated carriers.
[[Page 126 STAT. 409]]
Sec. 32104. Financial responsibility requirements.
Sec. 32105. USDOT number registration requirement.
Sec. 32106. Registration fee system.
Sec. 32107. Registration update.
Sec. 32108. Increased penalties for operating without registration.
Sec. 32109. Revocation of registration for imminent hazard.
Sec. 32110. Revocation of registration and other penalties for failure
to respond to subpoena.
Sec. 32111. Fleetwide out of service order for operating without
required registration.
Sec. 32112. Motor carrier and officer patterns of safety violations.
Subtitle B--Commercial Motor Vehicle Safety
Sec. 32201. Crashworthiness standards.
Sec. 32202. Canadian safety rating reciprocity.
Sec. 32203. State reporting of foreign commercial driver convictions.
Sec. 32204. Authority to disqualify foreign commercial drivers.
Sec. 32205. Revocation of foreign motor carrier operating authority for
failure to pay civil penalties.
Sec. 32206. Rental truck accident study.
Subtitle C--Driver Safety
Sec. 32301. Hours of service study and electronic logging devices.
Sec. 32302. Driver medical qualifications.
Sec. 32303. Commercial driver's license notification system.
Sec. 32304. Commercial motor vehicle operator training.
Sec. 32305. Commercial driver's license program.
Sec. 32306. Commercial motor vehicle driver information systems.
Sec. 32307. Employer responsibilities.
Sec. 32308. Program to assist Veterans to acquire commercial driver's
licenses.
Subtitle D--Safe Roads Act of 2012
Sec. 32401. Short title.
Sec. 32402. National clearinghouse for controlled substance and alcohol
test results of commercial motor vehicle operators.
Subtitle E--Enforcement
Sec. 32501. Inspection demand and display of credentials.
Sec. 32502. Out of service penalty for denial of access to records.
Sec. 32503. Penalties for violation of operation out of service orders.
Sec. 32504. Impoundment and immobilization of commercial motor vehicles
for imminent hazard.
Sec. 32505. Increased penalties for evasion of regulations.
Sec. 32506. Violations relating to commercial motor vehicle safety
regulation and operators.
Sec. 32507. Emergency disqualification for imminent hazard.
Sec. 32508. Disclosure to State and local law enforcement agencies.
Sec. 32509. Grade crossing safety regulations.
Subtitle F--Compliance, Safety, Accountability
Sec. 32601. Motor carrier safety assistance program.
Sec. 32602. Performance and registration information systems management
program.
Sec. 32603. Authorization of appropriations.
Sec. 32604. Grants for commercial driver's license program
implementation.
Sec. 32605. Commercial vehicle information systems and networks.
Subtitle G--Motorcoach Enhanced Safety Act of 2012
Sec. 32701. Short title.
Sec. 32702. Definitions.
Sec. 32703. Regulations for improved occupant protection, passenger
evacuation, and crash avoidance.
Sec. 32704. Fire prevention and mitigation.
Sec. 32705. Occupant protection, collision avoidance, fire causation,
and fire extinguisher research and testing.
Sec. 32706. Concurrence of research and rulemaking.
Sec. 32707. Improved oversight of motorcoach service providers.
Sec. 32708. Report on feasibility, benefits, and costs of establishing a
system of certification of training programs.
Sec. 32709. Commercial driver's license passenger endorsement
requirements.
[[Page 126 STAT. 410]]
Sec. 32710. Safety inspection program for commercial motor vehicles of
passengers.
Sec. 32711. Regulations.
Subtitle H--Safe Highways and Infrastructure Preservation
Sec. 32801. Comprehensive truck size and weight limits study.
Sec. 32802. Compilation of existing State truck size and weight limit
laws.
Subtitle I--Miscellaneous
PART I--Miscellaneous
Sec. 32911. Prohibition of coercion.
Sec. 32912. Motor carrier safety advisory committee.
Sec. 32913. Waivers, exemptions, and pilot programs.
Sec. 32914. Registration requirements.
Sec. 32915. Additional motor carrier registration requirements.
Sec. 32916. Registration of freight forwarders and brokers.
Sec. 32917. Effective periods of registration.
Sec. 32918. Financial security of brokers and freight forwarders.
Sec. 32919. Unlawful brokerage activities.
PART II--Household Goods Transportation
Sec. 32921. Additional registration requirements for household goods
motor carriers.
Sec. 32922. Failure to give up possession of household goods.
Sec. 32923. Settlement authority.
PART III--Technical Amendments
Sec. 32931. Update of obsolete text.
Sec. 32932. Correction of interstate commerce commission references.
Sec. 32933. Technical and conforming amendments.
Sec. 32934. Exemptions from requirements for covered farm vehicles.
TITLE III--HAZARDOUS MATERIALS TRANSPORTATION SAFETY IMPROVEMENT ACT OF
2012
Sec. 33001. Short title.
Sec. 33002. Definition.
Sec. 33003. References to title 49, United States Code.
Sec. 33004. Training for emergency responders.
Sec. 33005. Paperless Hazard Communications Pilot Program.
Sec. 33006. Improving data collection, analysis, and reporting.
Sec. 33007. Hazardous material technical assessment, research and
development, and analysis program.
Sec. 33008. Hazardous Material Enforcement Training.
Sec. 33009. Inspections.
Sec. 33010. Civil penalties.
Sec. 33011. Reporting of fees.
Sec. 33012. Special permits, approvals, and exclusions.
Sec. 33013. Highway routing disclosures.
Sec. 33014. Motor carrier safety permits.
Sec. 33015. Wetlines.
Sec. 33016. Hazmat employee training requirements and grants.
Sec. 33017. Authorization of appropriations.
TITLE IV--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY ACT OF
2012
Sec. 34001. Short title.
Sec. 34002. Amendment of Federal Aid in Sport Fish Restoration Act.
TITLE V--MISCELLANEOUS
Sec. 35001. Overflights in Grand Canyon National Park.
Sec. 35002. Commercial air tour operations.
Sec. 35003. Qualifications for public aircraft status.
DIVISION D--FINANCE
Sec. 40001. Short title.
TITLE I--EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY AND
RELATED TAXES
Sec. 40101. Extension of trust fund expenditure authority.
[[Page 126 STAT. 411]]
Sec. 40102. Extension of highway-related taxes.
TITLE II--REVENUE PROVISIONS
Subtitle A--Leaking Underground Storage Tank Trust Fund
Sec. 40201. Transfer from Leaking Underground Storage Tank Trust Fund to
Highway Trust Fund.
Subtitle B--Pension Provisions
PART I--Pension Funding Stabilization
Sec. 40211. Pension funding stabilization.
PART II--PBGC Premiums
Sec. 40221. Single employer plan annual premium rates.
Sec. 40222. Multiemployer annual premium rates.
PART III--Improvements of PBGC
Sec. 40231. Pension Benefit Guaranty Corporation Governance Improvement.
Sec. 40232. Participant and plan sponsor advocate.
Sec. 40233. Quality control procedures for the Pension Benefit Guaranty
Corporation.
Sec. 40234. Line of credit repeal.
PART IV--Transfers of Excess Pension Assets
Sec. 40241. Extension for transfers of excess pension assets to retiree
health accounts.
Sec. 40242. Transfer of excess pension assets to retiree group term life
insurance accounts.
Subtitle C--Additional Transfers to Highway Trust Fund
Sec. 40251. Additional transfers to Highway Trust Fund.
DIVISION E--RESEARCH AND EDUCATION
Sec. 50001. Short title.
TITLE I--FUNDING
Sec. 51001. Authorization of appropriations.
TITLE II--RESEARCH, TECHNOLOGY, AND EDUCATION
Sec. 52001. Research, technology, and education.
Sec. 52002. Surface transportation research, development, and
technology.
Sec. 52003. Research and technology development and deployment.
Sec. 52004. Training and education.
Sec. 52005. State planning and research.
Sec. 52006. International highway transportation program.
Sec. 52007. Surface transportation environmental cooperative research
program.
Sec. 52008. National cooperative freight research.
Sec. 52009. University transportation centers program.
Sec. 52010. University transportation research.
Sec. 52011. Bureau of Transportation Statistics.
Sec. 52012. Administrative authority.
Sec. 52013. Transportation research and development strategic planning.
TITLE III--INTELLIGENT TRANSPORTATION SYSTEMS RESEARCH
Sec. 53001. Use of funds for ITS activities.
Sec. 53002. Goals and purposes.
Sec. 53003. General authorities and requirements.
Sec. 53004. Research and development.
Sec. 53005. National architecture and standards.
Sec. 53006. Vehicle-to-vehicle and vehicle-to-infrastructure
communications systems deployment.
DIVISION F--MISCELLANEOUS
TITLE I--REAUTHORIZATION OF CERTAIN PROGRAMS
Subtitle A--Secure Rural Schools and Community Self-determination
Program
Sec. 100101. Secure Rural Schools and Community Self-Determination
Program.
Subtitle B--Payment in Lieu of Taxes Program
Sec. 100111. Payments in lieu of taxes.
[[Page 126 STAT. 412]]
Subtitle C--Offsets
Sec. 100121. Phased retirement authority.
Sec. 100122. Roll-your-own cigarette machines.
Sec. 100123. Change in FMAP increase for disaster recovery states.
Sec. 100124. Repeals.
Sec. 100125. Limitation on payments from the Abandoned Mine Reclamation
Fund.
TITLE II--FLOOD INSURANCE
Subtitle A--Flood Insurance Reform and Modernization
Sec. 100201. Short title.
Sec. 100202. Definitions.
Sec. 100203. Extension of National Flood Insurance Program.
Sec. 100204. Availability of insurance for multifamily properties.
Sec. 100205. Reform of premium rate structure.
Sec. 100207. Premium adjustment.
Sec. 100208. Enforcement.
Sec. 100209. Escrow of flood insurance payments.
Sec. 100210. Minimum deductibles for claims under the National Flood
Insurance Program.
Sec. 100211. Considerations in determining chargeable premium rates.
Sec. 100212. Reserve fund.
Sec. 100213. Repayment plan for borrowing authority.
Sec. 100214. Payment of condominium claims.
Sec. 100215. Technical mapping advisory council.
Sec. 100216. National flood mapping program.
Sec. 100217. Scope of appeals.
Sec. 100218. Scientific Resolution Panel.
Sec. 100219. Removal of limitation on State contributions for updating
flood maps.
Sec. 100220. Coordination.
Sec. 100221. Interagency coordination study.
Sec. 100222. Notice of flood insurance availability under RESPA.
Sec. 100223. Participation in State disaster claims mediation programs.
Sec. 100224. Oversight and expense reimbursements of insurance
companies.
Sec. 100225. Mitigation.
Sec. 100226. Flood Protection Structure Accreditation Task Force.
Sec. 100227. Flood in progress determinations.
Sec. 100228. Clarification of residential and commercial coverage
limits.
Sec. 100229. Local data requirement.
Sec. 100230. Eligibility for flood insurance for persons residing in
communities that have made adequate progress on the
reconstruction or improvement of a flood protection system.
Sec. 100231. Studies and reports.
Sec. 100232. Reinsurance.
Sec. 100233. GAO study on business interruption and additional living
expenses coverages.
Sec. 100234. Policy disclosures.
Sec. 100235. Report on inclusion of building codes in floodplain
management criteria.
Sec. 100236. Study of participation and affordability for certain
policyholders.
Sec. 100237. Study and report concerning the participation of Indian
tribes and members of Indian tribes in the National Flood
Insurance Program.
Sec. 100238. Technical corrections.
Sec. 100239. Use of private insurance to satisfy mandatory purchase
requirement.
Sec. 100240. Levees constructed on certain properties.
Sec. 100241. Insurance coverage for private properties affected by
flooding from Federal lands.
Sec. 100242. Permissible land use under Federal flood insurance plan.
Sec. 100243. CDBG eligibility for flood insurance outreach activities
and community building code administration grants.
Sec. 100244. Termination of force-placed insurance.
Sec. 100245. FEMA authority on transfer of policies.
Sec. 100246. Reimbursement of certain expenses.
Sec. 100247. FIO study on risks, hazards, and insurance.
Sec. 100248. Flood protection improvements constructed on certain
properties.
Sec. 100249. No cause of action.
Subtitle B--Alternative Loss Allocation
Sec. 100251. Short title.
Sec. 100252. Assessing and modeling named storms over coastal States.
Sec. 100253. Alternative loss allocation system for indeterminate
claims.
[[Page 126 STAT. 413]]
Subtitle C--HEARTH Act Amendment
Sec. 100261. HEARTH Act technical corrections.
TITLE III--STUDENT LOAN INTEREST RATE EXTENSION
Sec. 100301. Federal Direct Stafford Loan interest rate extension.
Sec. 100302. Eligibility for, and interest charges on, Federal Direct
Stafford Loans for new borrowers on or after July 1, 2013.
DIVISION G--SURFACE TRANSPORTATION EXTENSION
Sec. 110001. Short title.
TITLE I--FEDERAL-AID HIGHWAYS
Sec. 111001. Extension of Federal-aid highway programs.
TITLE II--EXTENSION OF HIGHWAY SAFETY PROGRAMS
Sec. 112001. Extension of National Highway Traffic Safety Administration
highway safety programs.
Sec. 112002. Extension of Federal Motor Carrier Safety Administration
programs.
Sec. 112003. Additional programs.
TITLE III--PUBLIC TRANSPORTATION PROGRAMS
Sec. 113001. Allocation of funds for planning programs.
Sec. 113002. Special rule for urbanized area formula grants.
Sec. 113003. Allocating amounts for capital investment grants.
Sec. 113004. Apportionment of formula grants for other than urbanized
areas.
Sec. 113005. Apportionment based on fixed guideway factors.
Sec. 113006. Authorizations for public transportation.
Sec. 113007. Amendments to SAFETEA-LU.
TITLE IV--EFFECTIVE DATE
Sec. 114001. Effective date.
DIVISION H--BUDGETARY EFFECTS
Sec. 120001. Budgetary effects.
SEC. 2. <<NOTE: 23 USC 101 note.>> DEFINITIONS.
In this Act, the following definitions apply:
(1) Department.--The term ``Department'' means the
Department of Transportation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. EFFECTIVE DATE.
(a) <<NOTE: 23 USC 101 note.>> In General.--Except as otherwise
provided, divisions A, B, C (other than sections 32603(d), 32603(g),
32912, and 34002 of that division) and E, including the amendments made
by those divisions, take effect on October 1, 2012.
(b) <<NOTE: 23 USC 101 note.>> References.--Except as otherwise
provided, any reference to the date of enactment of the MAP-21 or to the
date of enactment of the Federal Public Transportation Act of 2012 in
the divisions described in subsection (a) or in an amendment made by
those divisions shall be deemed to be a reference to the effective date
of those divisions.
[[Page 126 STAT. 414]]
DIVISION A--FEDERAL-AID HIGHWAYS AND HIGHWAY SAFETY CONSTRUCTION
PROGRAMS
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The following sums are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account):
(1) Federal-aid highway program.--For the national highway
performance program under section 119 of title 23, United States
Code, the surface transportation program under section 133 of
that title, the highway safety improvement program under section
148 of that title, the congestion mitigation and air quality
improvement program under section 149 of that title, and to
carry out section 134 of that title--
(A) $37,476,819,674 for fiscal year 2013; and
(B) $37,798,000,000 for fiscal year 2014.
(2) Transportation infrastructure finance and innovation
program.--For credit assistance under the transportation
infrastructure finance and innovation program under chapter 6 of
title 23, United States Code--
(A) $750,000,000 for fiscal year 2013; and
(B) $1,000,000,000 for fiscal year 2014.
(3) Federal lands and tribal transportation programs.--
(A) Tribal transportation program.--For the tribal
transportation program under section 202 of title 23,
United States Code, $450,000,000 for each of fiscal
years 2013 and 2014.
(B) Federal lands transportation program.--For the
Federal lands transportation program under section 203
of title 23, United States Code, $300,000,000 for each
of fiscal years 2013 and 2014, of which $240,000,000 of
the amount made available for each fiscal year shall be
the amount for the National Park Service and $30,000,000
of the amount made available for each fiscal year shall
be the amount for the United States Fish and Wildlife
Service.
(C) Federal lands access program.--For the Federal
lands access program under section 204 of title 23,
United States Code, $250,000,000 for each of fiscal
years 2013 and 2014.
(4) Territorial and puerto rico highway program.--For the
territorial and Puerto Rico highway program under section 165 of
title 23, United States Code, $190,000,000 for each of fiscal
years 2013 and 2014.
(b) <<NOTE: 23 USC 101 note.>> Disadvantaged Business Enterprises.--
(1) Findings.--Congress finds that--
(A) while significant progress has occurred due to
the establishment of the disadvantaged business
enterprise
[[Page 126 STAT. 415]]
program, discrimination and related barriers continue to
pose significant obstacles for minority- and women-owned
businesses seeking to do business in federally-assisted
surface transportation markets across the United States;
(B) the continuing barriers described in
subparagraph (A) merit the continuation of the
disadvantaged business enterprise program;
(C) Congress has received and reviewed testimony and
documentation of race and gender discrimination from
numerous sources, including congressional hearings and
roundtables, scientific reports, reports issued by
public and private agencies, news stories, reports of
discrimination by organizations and individuals, and
discrimination lawsuits, which show that race- and
gender-neutral efforts alone are insufficient to address
the problem;
(D) the testimony and documentation described in
subparagraph (C) demonstrate that discrimination across
the United States poses a barrier to full and fair
participation in surface transportation-related
businesses of women business owners and minority
business owners and has impacted firm development and
many aspects of surface transportation-related business
in the public and private markets; and
(E) the testimony and documentation described in
subparagraph (C) provide a strong basis that there is a
compelling need for the continuation of the
disadvantaged business enterprise program to address
race and gender discrimination in surface
transportation-related business.
(2) Definitions.--In this subsection, the following
definitions apply:
(A) Small business concern.--
(i) In general.--The term ``small business
concern'' means a small business concern (as the
term is used in section 3 of the Small Business
Act (15 U.S.C. 632)).
(ii) Exclusions.--The term ``small business
concern'' does not include any concern or group of
concerns controlled by the same socially and
economically disadvantaged individual or
individuals that have average annual gross
receipts during the preceding 3 fiscal years in
excess of $22,410,000, as adjusted annually by the
Secretary for inflation.
(B) Socially and economically disadvantaged
individuals.--The term ``socially and economically
disadvantaged individuals'' has the meaning given the
term in section 8(d) of the Small Business Act (15
U.S.C. 637(d)) and relevant subcontracting regulations
issued pursuant to that Act, except that women shall be
presumed to be socially and economically disadvantaged
individuals for purposes of this subsection.
(3) Amounts for small business concerns.--Except to the
extent that the Secretary determines otherwise, not less than 10
percent of the amounts made available for any program under
divisions A and B of this Act and section 403 of title 23,
United States Code, shall be expended through small business
concerns owned and controlled by socially and economically
disadvantaged individuals.
[[Page 126 STAT. 416]]
(4) Annual listing of disadvantaged business enterprises.--
Each State shall annually--
(A) survey and compile a list of the small business
concerns referred to in paragraph (2) in the State,
including the location of the small business concerns in
the State; and
(B) <<NOTE: Notification.>> notify the Secretary, in
writing, of the percentage of the small business
concerns that are controlled by--
(i) women;
(ii) socially and economically disadvantaged
individuals (other than women); and
(iii) individuals who are women and are
otherwise socially and economically disadvantaged
individuals.
(5) Uniform certification.--
(A) In general.--The Secretary shall establish
minimum uniform criteria for use by State governments in
certifying whether a concern qualifies as a small
business concern for the purpose of this subsection.
(B) Inclusions.--The minimum uniform criteria
established under subparagraph (A) shall include, with
respect to a potential small business concern--
(i) on-site visits;
(ii) personal interviews with personnel;
(iii) issuance or inspection of licenses;
(iv) analyses of stock ownership;
(v) listings of equipment;
(vi) analyses of bonding capacity;
(vii) listings of work completed;
(viii) examination of the resumes of principal
owners;
(ix) analyses of financial capacity; and
(x) analyses of the type of work preferred.
(6) Reporting.--The Secretary shall establish minimum
requirements for use by State governments in reporting to the
Secretary--
(A) information concerning disadvantaged business
enterprise awards, commitments, and achievements; and
(B) such other information as the Secretary
determines to be appropriate for the proper monitoring
of the disadvantaged business enterprise program.
(7) Compliance with court orders.--Nothing in this
subsection limits the eligibility of an individual or entity to
receive funds made available under divisions A and B of this Act
and section 403 of title 23, United States Code, if the entity
or person is prevented, in whole or in part, from complying with
paragraph (2) because a Federal court issues a final order in
which the court finds that a requirement or the implementation
of paragraph (2) is unconstitutional.
SEC. 1102. <<NOTE: 23 USC 104 note.>> OBLIGATION CEILING.
(a) General Limitation.--Subject to subsection (e), and
notwithstanding any other provision of law, the obligations for Federal-
aid highway and highway safety construction programs shall not exceed--
(1) $39,699,000,000 for fiscal year 2013; and
(2) $40,256,000,000 for fiscal year 2014.
[[Page 126 STAT. 417]]
(b) Exceptions.--The limitations under subsection (a) shall not
apply to obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act
of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act
for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (but, for
each of fiscal years 2005 through 2011, only in an amount equal
to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2014, only in an amount equal
to $639,000,000 for each of those fiscal years).
(c) Distribution of Obligation Authority.--For each of fiscal years
2013 through 2014, the Secretary--
(1) shall not distribute obligation authority provided by
subsection (a) for the fiscal year for--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) shall not distribute an amount of obligation authority
provided by subsection (a) that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
sections 202 or 204 of title 23, United States Code);
and
(B) for which obligation authority was provided in a
previous fiscal year;
(3) <<NOTE: Determination.>> shall determine the proportion
that--
[[Page 126 STAT. 418]]
(A) the obligation authority provided by subsection
(a) for the fiscal year, less the aggregate of amounts
not distributed under paragraphs (1) and (2) of this
subsection; bears to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums authorized
to be appropriated for provisions of law described in
paragraphs (1) through (11) of subsection (b) and sums
authorized to be appropriated for section 119 of title
23, United States Code, equal to the amount referred to
in subsection (b)(12) for the fiscal year), less the
aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under this Act and title 23, United States Code,
or apportioned by the Secretary under sections 202 or 204 of
that title, by multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for the fiscal year; and
(5) shall distribute the obligation authority provided by
subsection (a), less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the national highway performance program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under section 204 of that title) in the proportion
that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for the fiscal year; bears to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned under
title 23, United States Code, to all States for the
fiscal year.
(d) <<NOTE: Time period.>> Redistribution of Unused Obligation
Authority.--Notwithstanding subsection (c), the Secretary shall, after
August 1 of each of fiscal years 2013 through 2014--
(1) revise a distribution of the obligation authority made
available under subsection (c) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
this Act) and 104 of title 23, United States Code.
(e) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) <<NOTE: Contracts.>> In general.--Except as provided in
paragraph (2), obligation limitations imposed by subsection (a)
shall apply
[[Page 126 STAT. 419]]
to contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code; and
(B) division E of this Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) <<NOTE: Time period.>> remain available for a
period of 4 fiscal years; and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(f) Redistribution of Certain Authorized Funds.--
(1) <<NOTE: Deadline.>> In general.--Not later than 30 days
after the date of distribution of obligation authority under
subsection (c) for each of fiscal years 2013 through 2014, the
Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title 23,
United States Code) that--
(A) are authorized to be appropriated for the fiscal
year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for the fiscal
year because of the imposition of any obligation
limitation for the fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (c)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(c) of title 23, United States Code.
SEC. 1103. DEFINITIONS.
(a) Definitions.--Section 101(a) of title 23, United States Code, is
amended--
(1) by striking paragraphs (6), (7), (9), (12), (19), (20),
(24), (25), (26), (28), (38), and (39);
(2) by redesignating paragraphs (2), (3), (4), (5), (8),
(13), (14), (15), (16), (17), (18), (21), (22), (23), (27),
(29), (30), (31), (32), (33), (34), (35), (36), and (37) as
paragraphs (3), (4), (5), (6), (9), (12), (13), (14), (15),
(16), (17), (18), (19), (20), (21), (22), (23), (24), (25),
(26), (28), (29), (33), and (34), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Asset management.--The term `asset management' means a
strategic and systematic process of operating, maintaining, and
improving physical assets, with a focus on both engineering and
economic analysis based upon quality information, to identify a
structured sequence of maintenance, preservation, repair,
rehabilitation, and replacement actions that will achieve and
sustain a desired state of good repair over the lifecycle of the
assets at minimum practicable cost.'';
(4) in paragraph (4) (as redesignated by paragraph (2))--
(A) in the matter preceding subparagraph (A), by
inserting ``or any project eligible for assistance under
this title'' after ``of a highway'';
[[Page 126 STAT. 420]]
(B) by striking subparagraph (A) and inserting the
following:
``(A) preliminary engineering, engineering, and
design-related services directly relating to the
construction of a highway project, including
engineering, design, project development and management,
construction project management and inspection,
surveying, mapping (including the establishment of
temporary and permanent geodetic control in accordance
with specifications of the National Oceanic and
Atmospheric Administration), and architectural-related
services;'';
(C) in subparagraph (B)--
(i) by inserting ``reconstruction,'' before
``resurfacing''; and
(ii) by striking ``and rehabilitation'' and
inserting ``rehabilitation, and preservation'';
(D) in subparagraph (E) by striking ``railway'' and
inserting ``railway-highway''; and
(E) in subparagraph (F) by striking ``obstacles''
and inserting ``hazards'';
(5) in paragraph (6) (as so redesignated)--
(A) by inserting ``public'' before ``highway
eligible''; and
(B) by inserting ``functionally'' before
``classified'';
(6) by inserting after paragraph (6) (as so redesignated)
the following:
``(7) Federal lands access transportation facility.--The
term `Federal Lands access transportation facility' means a
public highway, road, bridge, trail, or transit system that is
located on, is adjacent to, or provides access to Federal lands
for which title or maintenance responsibility is vested in a
State, county, town, township, tribal, municipal, or local
government.
``(8) Federal lands transportation facility.--The term
`Federal lands transportation facility' means a public highway,
road, bridge, trail, or transit system that is located on, is
adjacent to, or provides access to Federal lands for which title
and maintenance responsibility is vested in the Federal
Government, and that appears on the national Federal lands
transportation facility inventory described in section
203(c).'';
(7) in paragraph (11)(B) by inserting ``including public
roads on dams'' after ``drainage structure'';
(8) in paragraph (14) (as so redesignated)--
(A) by striking ``as a'' and inserting ``as an air
quality''; and
(B) by inserting ``air quality'' before ``attainment
area'';
(9) in paragraph (18) (as so redesignated) by striking ``an
undertaking to construct a particular portion of a highway, or
if the context so implies, the particular portion of a highway
so constructed or any other undertaking'' and inserting ``any
undertaking'';
(10) in paragraph (19) (as so redesignated)--
(A) by striking ``the State transportation
department and''; and
(B) by inserting ``and the recipient'' after
``Secretary'';
(11) by striking paragraph (23) (as so redesignated) and
inserting the following:
[[Page 126 STAT. 421]]
``(23) Safety improvement project.--The term `safety
improvement project' means a strategy, activity, or project on a
public road that is consistent with the State strategic highway
safety plan and corrects or improves a roadway feature that
constitutes a hazard to road users or addresses a highway safety
problem.'';
(12) by inserting after paragraph (26) (as so redesignated)
the following:
``(27) State strategic highway safety plan.--The term `State
strategic highway safety plan' has the same meaning given such
term in section 148(a).'';
(13) by striking paragraph (29) (as so redesignated) and
inserting the following:
``(29) Transportation alternatives.--The term
`transportation alternatives' means any of the following
activities when carried out as part of any program or project
authorized or funded under this title, or as an independent
program or project related to surface transportation:
``(A) Construction, planning, and design of on-road
and off-road trail facilities for pedestrians,
bicyclists, and other nonmotorized forms of
transportation, including sidewalks, bicycle
infrastructure, pedestrian and bicycle signals, traffic
calming techniques, lighting and other safety-related
infrastructure, and transportation projects to achieve
compliance with the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
``(B) Construction, planning, and design of
infrastructure-related projects and systems that will
provide safe routes for non-drivers, including children,
older adults, and individuals with disabilities to
access daily needs.
``(C) Conversion and use of abandoned railroad
corridors for trails for pedestrians, bicyclists, or
other nonmotorized transportation users.
``(D) Construction of turnouts, overlooks, and
viewing areas.
``(E) Community improvement activities, including--
``(i) inventory, control, or removal of
outdoor advertising;
``(ii) historic preservation and
rehabilitation of historic transportation
facilities;
``(iii) vegetation management practices in
transportation rights-of-way to improve roadway
safety, prevent against invasive species, and
provide erosion control; and
``(iv) archaeological activities relating to
impacts from implementation of a transportation
project eligible under this title.
``(F) Any environmental mitigation activity,
including pollution prevention and pollution abatement
activities and mitigation to--
``(i) address stormwater management, control,
and water pollution prevention or abatement
related to highway construction or due to highway
runoff, including activities described in sections
133(b)(11), 328(a), and 329; or
[[Page 126 STAT. 422]]
``(ii) reduce vehicle-caused wildlife
mortality or to restore and maintain connectivity
among terrestrial or aquatic habitats.''; and
(14) by inserting after paragraph (29) (as so redesignated)
the following:
``(30) Transportation systems management and operations.--
``(A) In general.--The term `transportation systems
management and operations' means integrated strategies
to optimize the performance of existing infrastructure
through the implementation of multimodal and intermodal,
cross-jurisdictional systems, services, and projects
designed to preserve capacity and improve security,
safety, and reliability of the transportation system.
``(B) Inclusions.--The term `transportation systems
management and operations' includes--
``(i) actions such as traffic detection and
surveillance, corridor management, freeway
management, arterial management, active
transportation and demand management, work zone
management, emergency management, traveler
information services, congestion pricing, parking
management, automated enforcement, traffic
control, commercial vehicle operations, freight
management, and coordination of highway, rail,
transit, bicycle, and pedestrian operations; and
``(ii) coordination of the implementation of
regional transportation system management and
operations investments (such as traffic incident
management, traveler information services,
emergency management, roadway weather management,
intelligent transportation systems, communication
networks, and information sharing systems)
requiring agreements, integration, and
interoperability to achieve targeted system
performance, reliability, safety, and customer
service levels.
``(31) Tribal transportation facility.--The term `tribal
transportation facility' means a public highway, road, bridge,
trail, or transit system that is located on or provides access
to tribal land and appears on the national tribal transportation
facility inventory described in section 202(b)(1).
``(32) Truck stop electrification system.--The term `truck
stop electrification system' means a system that delivers heat,
air conditioning, electricity, or communications to a heavy-duty
vehicle.''.
(b) Sense of Congress.--Section 101(c) of title 23, United States
Code, is amended by striking ``system'' and inserting ``highway''.
SEC. 1104. NATIONAL HIGHWAY SYSTEM.
(a) In General.--Section 103 of title 23, United States Code, is
amended to read as follows:
``Sec. 103. National Highway System
``(a) In General.--For the purposes of this title, the Federal-aid
system is the National Highway System, which includes the Interstate
System.
[[Page 126 STAT. 423]]
``(b) National Highway System.--
``(1) Description.--The National Highway System consists of
the highway routes and connections to transportation facilities
that shall--
``(A) serve major population centers, international
border crossings, ports, airports, public transportation
facilities, and other intermodal transportation
facilities and other major travel destinations;
``(B) meet national defense requirements; and
``(C) serve interstate and interregional travel and
commerce.
``(2) Components.--The National Highway System described in
paragraph (1) consists of the following:
``(A) The National Highway System depicted on the
map submitted by the Secretary of Transportation to
Congress with the report entitled `Pulling Together: The
National Highway System and its Connections to Major
Intermodal Terminals' and dated May 24, 1996, and
modifications approved by the Secretary before the date
of enactment of the MAP-21.
``(B) Other urban and rural principal arterial
routes, and border crossings on those routes, that were
not included on the National Highway System before the
date of enactment of the MAP-21.
``(C) Other connector highways (including toll
facilities) that were not included in the National
Highway System before the date of enactment of the MAP-
21 but that provide motor vehicle access between
arterial routes on the National Highway System and a
major intermodal transportation facility.
``(D) A strategic highway network that--
``(i) consists of a network of highways that
are important to the United States strategic
defense policy, that provide defense access,
continuity, and emergency capabilities for the
movement of personnel, materials, and equipment in
both peacetime and wartime, and that were not
included on the National Highway System before the
date of enactment of the MAP-21;
``(ii) may include highways on or off the
Interstate System; and
``(iii) shall be designated by the Secretary,
in consultation with appropriate Federal agencies
and the States.
``(E) Major strategic highway network connectors
that--
``(i) consist of highways that provide motor
vehicle access between major military
installations and highways that are part of the
strategic highway network but were not included on
the National Highway System before the date of
enactment of the MAP-21; and
``(ii) shall be designated by the Secretary,
in consultation with appropriate Federal agencies
and the States.
``(3) Modifications to nhs.--
[[Page 126 STAT. 424]]
``(A) In general.--The Secretary may make any
modification, including any modification consisting of a
connector to a major intermodal terminal, to the
National Highway System that is proposed by a State if
the Secretary determines that the modification--
``(i) meets the criteria established for the
National Highway System under this title after the
date of enactment of the MAP-21; and
``(ii) enhances the national transportation
characteristics of the National Highway System.
``(B) Cooperation.--
``(i) In general.--In proposing a modification
under this paragraph, a State shall cooperate with
local and regional officials.
``(ii) Urbanized areas.--In an urbanized area,
the local officials shall act through the
metropolitan planning organization designated for
the area under section 134.
``(c) Interstate System.--
``(1) Description.--
``(A) In general.--The Dwight D. Eisenhower National
System of Interstate and Defense Highways within the
United States (including the District of Columbia and
Puerto Rico) consists of highways designed, located, and
selected in accordance with this paragraph.
``(B) Design.--
``(i) In general.--Except as provided in
clause (ii), highways on the Interstate System
shall be designed in accordance with the standards
of section 109(b).
``(ii) Exception.--Highways on the Interstate
System in Alaska and Puerto Rico shall be designed
in accordance with such geometric and construction
standards as are adequate for current and probable
future traffic demands and the needs of the
locality of the highway.
``(C) Location.--Highways on the Interstate System
shall be located so as--
``(i) to connect by routes, as direct as
practicable, the principal metropolitan areas,
cities, and industrial centers;
``(ii) to serve the national defense; and
``(iii) to the maximum extent practicable, to
connect at suitable border points with routes of
continental importance in Canada and Mexico.
``(D) Selection of routes.--To the maximum extent
practicable, each route of the Interstate System shall
be selected by joint action of the State transportation
departments of the State in which the route is located
and the adjoining States, in cooperation with local and
regional officials, and subject to the approval of the
Secretary.
``(2) Maximum mileage.--The mileage of highways on the
Interstate System shall not exceed 43,000 miles, exclusive of
designations under paragraph (4).
``(3) Modifications.--The Secretary may approve or require
modifications to the Interstate System in a manner
[[Page 126 STAT. 425]]
consistent with the policies and procedures established under
this subsection.
``(4) Interstate system designations.--
``(A) Additions.--If the Secretary determines that a
highway on the National Highway System meets all
standards of a highway on the Interstate System and that
the highway is a logical addition or connection to the
Interstate System, the Secretary may, upon the
affirmative recommendation of the State or States in
which the highway is located, designate the highway as a
route on the Interstate System.
``(B) Designations as future interstate system
routes.--
``(i) In general.--Subject to clauses (ii)
through (vi), if the Secretary determines that a
highway on the National Highway System would be a
logical addition or connection to the Interstate
System and would qualify for designation as a
route on the Interstate System under subparagraph
(A) if the highway met all standards of a highway
on the Interstate System, the Secretary may, upon
the affirmative recommendation of the State or
States in which the highway is located, designate
the highway as a future Interstate System route.
``(ii) Written agreement.--A designation under
clause (i) shall be made only upon the written
agreement of each State described in that clause
that the highway will be constructed to meet all
standards of a highway on the Interstate System by
not later than the date that is 25 years after the
date of the agreement.
``(iii) Failure to complete construction.--If
a State described in clause (i) has not
substantially completed the construction of a
highway designated under this subparagraph by the
date specified in clause (ii), the Secretary shall
remove the designation of the highway as a future
Interstate System route.
``(iv) Effect of removal.--Removal of the
designation of a highway under clause (iii) shall
not preclude the Secretary from designating the
highway as a route on the Interstate System under
subparagraph (A) or under any other provision of
law providing for addition to the Interstate
System.
``(v) Retroactive effect.--An agreement
described in clause (ii) that is entered into
before August 10, 2005, shall be deemed to include
the 25-year time limitation described in that
clause, regardless of any earlier construction
completion date in the agreement.
``(vi) References.--No law, rule, regulation,
map, document, or other record of the United
States, or of any State or political subdivision
of a State, shall refer to any highway designated
as a future Interstate System route under this
subparagraph, and no such highway shall be signed
or marked, as a highway on the Interstate System,
until such time as the highway--
[[Page 126 STAT. 426]]
``(I) is constructed to the
geometric and construction standards for
the Interstate System; and
``(II) has been designated as a
route on the Interstate System.
``(C) Financial responsibility.--Except as provided
in this title, the designation of a highway under this
paragraph shall create no additional Federal financial
responsibility with respect to the highway.
``(5) Exemption of interstate system.--
``(A) In general.--Except as provided in
subparagraph (B), the Interstate System shall not be
considered to be a historic site under section 303 of
title 49 or section 138 of this title, regardless of
whether the Interstate System or portions or elements of
the Interstate System are listed on, or eligible for
listing on, the National Register of Historic Places.
``(B) Individual elements.--Subject to subparagraph
(C)--
``(i) <<NOTE: Determination.>> the Secretary
shall determine, through the administrative
process established for exempting the Interstate
System from section 106 of the National Historic
Preservation Act (16 U.S.C. 470f), those
individual elements of the Interstate System that
possess national or exceptional historic
significance (such as a historic bridge or a
highly significant engineering feature); and
``(ii) those elements shall be considered to
be historic sites under section 303 of title 49 or
section 138 of this title, as applicable.
``(C) Construction, maintenance, restoration, and
rehabilitation activities.--Subparagraph (B) does not
prohibit a State from carrying out construction,
maintenance, preservation, restoration, or
rehabilitation activities for a portion of the
Interstate System referred to in subparagraph (B) upon
compliance with section 303 of title 49 or section 138
of this title, as applicable, and section 106 of the
National Historic Preservation Act (16 U.S.C. 470f).''.
(b) Inclusion of Certain Route Segments on Interstate System.--
(1) In general.--Section 1105(e)(5)(A) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat. 2031;
109 Stat. 597; 115 Stat. 872) is amended--
(A) in the first sentence, by striking ``and in
subsections (c)(18) and (c)(20)'' and inserting ``, in
subsections (c)(18) and (c)(20), and in subparagraphs
(A)(iii) and (B) of subsection (c)(26)''; and
(B) in the second sentence, by striking ``that the
segment'' and all that follows through the period and
inserting ``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.''.
(2) Route designation.--Section 1105(e)(5)(C)(i) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
[[Page 126 STAT. 427]]
Stat. 2032; 109 Stat. 598) is amended by adding at the end the
following: ``The routes referred to subparagraphs (A)(iii) and
(B)(i) of subsection (c)(26) are designated as Interstate Route
I-11.''.
(c) Conforming Amendments.--
(1) Analysis.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to
section 103 and inserting the following:
``103. National Highway System.''.
(2) Section 113.--Section 113 of title 23, United States
Code, is amended--
(A) in subsection (a) by striking ``the Federal-aid
systems'' and inserting ``Federal-aid highways''; and
(B) in subsection (b), in the first sentence, by
striking ``of the Federal-aid systems'' and inserting
``Federal-aid highway''.
(3) Section 123.--Section 123(a) of title 23, United States
Code, is amended in the first sentence by striking ``Federal-aid
system'' and inserting ``Federal-aid highway''.
(4) Section 217.--Section 217(b) of title 23, United States
Code, is amended in the subsection heading by striking
``National Highway System'' and inserting ``National Highway
Performance Program''.
(5) Section 304.--Section 304 of title 23, United States
Code, is amended in the first sentence by striking ``the
Federal-aid highway systems'' and inserting ``Federal-aid
highways''.
(6) Section 317.--Section 317(d) of title 23, United States
Code, is amended by striking ``system'' and inserting
``highway''.
SEC. 1105. APPORTIONMENT.
(a) In General.--Section 104 of title 23, United States Code, is
amended to read as follows:
``Sec. 104. Apportionment
``(a) Administrative Expenses.--
``(1) In general.--There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to be made available to the Secretary for
administrative expenses of the Federal Highway Administration--
``(A) $454,180,326 for fiscal year 2013; and
``(B) $440,000,000 for fiscal year 2014.
``(2) Purposes.--The amounts authorized to be appropriated
by this subsection shall be used--
``(A) to administer the provisions of law to be
funded from appropriations for the Federal-aid highway
program and programs authorized under chapter 2;
``(B) to make transfers of such sums as the
Secretary determines to be appropriate to the
Appalachian Regional Commission for administrative
activities associated with the Appalachian development
highway system; and
``(C) to reimburse, as appropriate, the Office of
Inspector General of the Department of Transportation
for the conduct of annual audits of financial statements
in accordance with section 3521 of title 31.
``(3) Availability.--The amounts made available under
paragraph (1) shall remain available until expended.
[[Page 126 STAT. 428]]
``(b) Division of State Apportionments Among Programs.--The
Secretary shall distribute the amount apportioned to a State for a
fiscal year under subsection (c) among the national highway performance
program, the surface transportation program, the highway safety
improvement program, and the congestion mitigation and air quality
improvement program, and to carry out section 134 as follows:
``(1) National highway performance program.--For the
national highway performance program, 63.7 percent of the amount
remaining after distributing amounts under paragraphs (4) and
(5).
``(2) Surface transportation program.--For the surface
transportation program, 29.3 percent of the amount remaining
after distributing amounts under paragraphs (4) and (5).
``(3) Highway safety improvement program.--For the highway
safety improvement program, 7 percent of the amount remaining
after distributing amounts under paragraphs (4) and (5).
``(4) Congestion mitigation and air quality improvement
program.--For the congestion mitigation and air quality
improvement program, an amount determined by multiplying the
amount determined for the State under subsection (c) by the
proportion that--
``(A) the amount apportioned to the State for the
congestion mitigation and air quality improvement
program for fiscal year 2009; bears to
``(B) the total amount of funds apportioned to the
State for that fiscal year for the programs referred to
in section 105(a)(2) (except for the high priority
projects program referred to in section 105(a)(2)(H)),
as in effect on the day before the date of enactment of
the MAP-21.
``(5) Metropolitan planning.--To carry out section 134, an
amount determined by multiplying the amount determined for the
State under subsection (c) by the proportion that--
``(A) the amount apportioned to the State to carry
out section 134 for fiscal year 2009; bears to
``(B) the total amount of funds apportioned to the
State for that fiscal year for the programs referred to
in section 105(a)(2) (except for the high priority
projects program referred to in section 105(a)(2)(H)),
as in effect on the day before the date of enactment of
the MAP-21.
``(c) Calculation of State Amounts.--
``(1) For fiscal year 2013.--
``(A) Calculation of amount.--For fiscal year 2013,
the amount for each State of combined apportionments for
the national highway performance program under section
119, the surface transportation program under section
133, the highway safety improvement program under
section 148, the congestion mitigation and air quality
improvement program under section 149, and to carry out
section 134 shall be equal to the combined amount of
apportionments that the State received for fiscal year
2012.
``(B) State apportionment.--On October 1 of such
fiscal year, the Secretary shall apportion the sum
authorized to be appropriated for expenditure on the
national highway performance program under section 119,
the surface transportation program under section 133,
the highway
[[Page 126 STAT. 429]]
safety improvement program under section 148, the
congestion mitigation and air quality improvement
program under section 149, and to carry out section 134
in accordance with subparagraph (A).
``(2) For fiscal year 2014.--
``(A) State share.--For fiscal year 2014, the amount
for each State of combined apportionments for the
national highway performance program under section 119,
the surface transportation program under section 133,
the highway safety improvement program under section
148, the congestion mitigation and air quality
improvement program under section 149, and to carry out
section 134 shall be determined as follows:
``(i) Initial amount.--The initial amount for
each State shall be determined by multiplying the
total amount available for apportionment by the
share for each State which shall be equal to the
proportion that--
``(I) the amount of apportionments
that the State received for fiscal year
2012; bears to
``(II) the amount of those
apportionments received by all States
for that fiscal year.
``(ii) Adjustments to amounts.--The initial
amounts resulting from the calculation under
clause (i) shall be adjusted to ensure that, for
each State, the amount of combined apportionments
for the programs shall not be less than 95 percent
of the estimated tax payments attributable to
highway users in the State paid into the Highway
Trust Fund (other than the Mass Transit Account)
in the most recent fiscal year for which data are
available.
``(B) State apportionment.--On October 1 of such
fiscal year, the Secretary shall apportion the sum
authorized to be appropriated for expenditure on the
national highway performance program under section 119,
the surface transportation program under section 133,
the highway safety improvement program under section
148, the congestion mitigation and air quality
improvement program under section 149, and to carry out
section 134 in accordance with subparagraph (A).
``(d) Metropolitan Planning.--
``(1) Use of amounts.--
``(A) Use.--
``(i) In general.--Except as provided in
clause (ii), the amounts apportioned to a State
under subsection (b)(5) 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
subsection (b)(5) to fund transportation planning
outside of urbanized areas.
[[Page 126 STAT. 430]]
``(B) Unused funds.--Any funds that are not used to
carry out section 134 may be made available by a
metropolitan planning organization to the State to fund
activities under section 135.
``(2) Distribution of amounts within states.--
``(A) In general.--The distribution within any State
of the planning funds made available to organizations
under paragraph (1) shall be in accordance with a
formula that--
``(i) is developed by each State and approved
by the Secretary; and
``(ii) takes into consideration, at a minimum,
population, status of planning, attainment of air
quality standards, metropolitan area
transportation needs, and other factors necessary
to provide for an appropriate distribution of
funds to carry out section 134 and other
applicable requirements of Federal law.
``(B) <<NOTE: Deadline.>> Reimbursement.--Not later
than 15 business days after the date of receipt by a
State of a request for reimbursement of expenditures
made by a metropolitan planning organization for
carrying out section 134, the State shall reimburse,
from amounts distributed under this paragraph to the
metropolitan planning organization by the State, the
metropolitan planning organization for those
expenditures.
``(3) Determination of population figures.--For the purpose
of determining population figures under this subsection, the
Secretary shall use the latest available data from the decennial
census conducted under section 141(a) of title 13, United States
Code.
``(e) <<NOTE: Deadlines.>> Certification of Apportionments.--
``(1) In general.--The Secretary shall--
``(A) on October 1 of each fiscal year, certify to
each of the State transportation departments the amount
that has been apportioned to the State under this
section for the fiscal year; and
``(B) to permit the States to develop adequate plans
for the use of amounts apportioned under this section,
advise each State of the amount that will be apportioned
to the State under this section for a fiscal year not
later than 90 days before the beginning of the fiscal
year for which the sums to be apportioned are
authorized.
``(2) Notice to states.--If the Secretary has not made an
apportionment under this section for a fiscal year beginning
after September 30, 1998, by not later than the date that is the
twenty-first day of that fiscal year, the Secretary shall
submit, by not later than that date, to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate, a written statement of the reason for not
making the apportionment in a timely manner.
``(3) Apportionment calculations.--
``(A) In general.--The calculation of official
apportionments of funds to the States under this title
is a primary responsibility of the Department and shall
be carried out only by employees (and not contractors)
of the Department.
[[Page 126 STAT. 431]]
``(B) Prohibition on use of funds to hire
contractors.--None of the funds made available under
this title shall be used to hire contractors to
calculate the apportionments of funds to States.
``(f) Transfer of Highway and Transit Funds.--
``(1) Transfer of highway funds for transit projects.--
``(A) In general.--Subject to subparagraph (B),
amounts made available for transit projects or
transportation planning under this title may be
transferred to and administered by the Secretary in
accordance with chapter 53 of title 49.
``(B) <<NOTE: Applicability.>> Non-federal share.--
The provisions of this title relating to the non-Federal
share shall apply to the amounts transferred under
subparagraph (A).
``(2) Transfer of transit funds for highway projects.--
``(A) In general.--Subject to subparagraph (B),
amounts made available for highway projects or
transportation planning under chapter 53 of title 49 may
be transferred to and administered by the Secretary in
accordance with this title.
``(B) <<NOTE: Applicability.>> Non-federal share.--
The provisions of chapter 53 of title 49 relating to the
non-Federal share shall apply to amounts transferred
under subparagraph (A).
``(3) Transfer of funds among states or to federal highway
administration.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may, at the request of a State, transfer
amounts apportioned or allocated under this title to the
State to another State, or to the Federal Highway
Administration, for the purpose of funding 1 or more
projects that are eligible for assistance with amounts
so apportioned or allocated.
``(B) Apportionment.--The transfer shall have no
effect on any apportionment of amounts to a State under
this section.
``(C) Funds suballocated to urbanized areas.--
Amounts that are apportioned or allocated to a State
under subsection (b)(3) (as in effect on the day before
the date of enactment of the MAP-21) or subsection
(b)(2) and attributed to an urbanized area of a State
with a population of more than 200,000 individuals under
section 133(d) may be transferred under this paragraph
only if the metropolitan planning organization
designated for the area concurs, in writing, with the
transfer request.
``(4) Transfer of obligation authority.--Obligation
authority for amounts transferred under this subsection shall be
transferred in the same manner and amount as the amounts for the
projects that are transferred under this section.
``(g) <<NOTE: Public information. Web posting.>> Report to
Congress.--For each fiscal year, the Secretary shall make available to
the public, in a user-friendly format via the Internet, a report that
describes--
``(1) the amount obligated, by each State, for Federal-aid
highways and highway safety construction programs during the
preceding fiscal year;
``(2) the balance, as of the last day of the preceding
fiscal year, of the unobligated apportionment of each State by
fiscal year under this section;
[[Page 126 STAT. 432]]
``(3) the balance of unobligated sums available for
expenditure at the discretion of the Secretary for such highways
and programs for the fiscal year; and
``(4) the rates of obligation of funds apportioned or set
aside under this section, according to--
``(A) program;
``(B) funding category of subcategory;
``(C) type of improvement;
``(D) State; and
``(E) sub-State geographical area, including
urbanized and rural areas, on the basis of the
population of each such area.''.
(b) Conforming Amendment.--Section 146(a) of title 23, United States
Code, is amended by striking ``sections 104(b)(l) and 104(b)(3)'' and
inserting ``section 104(b)(2)''.
SEC. 1106. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
(a) In General.--Section 119 of title 23, United States Code, is
amended to read as follows:
``Sec. 119. National highway performance program
``(a) Establishment.--The Secretary shall establish and implement a
national highway performance program under this section.
``(b) Purposes.--The purposes of the national highway performance
program shall be--
``(1) to provide support for the condition and performance
of the National Highway System;
``(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.
``(c) Eligible Facilities.--Except as provided in subsection (d), to
be eligible for funding apportioned under section 104(b)(1) to carry out
this section, a facility shall be located on the National Highway
System, as defined in section 103.
``(d) Eligible Projects.--Funds apportioned to a State to carry out
the national highway performance program may be obligated only for a
project on an eligible facility that is--
``(1)(A) a project or part of a program of projects
supporting progress toward the achievement of national
performance goals for improving infrastructure condition,
safety, mobility, or freight movement on the National Highway
System; and
``(B) consistent with sections 134 and 135; and
``(2) for 1 or more of the following purposes:
``(A) Construction, reconstruction, resurfacing,
restoration, rehabilitation, preservation, or
operational improvement of segments of the National
Highway System.
``(B) Construction, replacement (including
replacement with fill material), rehabilitation,
preservation, and protection (including scour
countermeasures, seismic retrofits, impact protection
measures, security countermeasures, and protection
against extreme events) of bridges on the National
Highway System.
[[Page 126 STAT. 433]]
``(C) Construction, replacement (including
replacement with fill material), rehabilitation,
preservation, and protection (including impact
protection measures, security countermeasures, and
protection against extreme events) of tunnels on the
National Highway System.
``(D) Inspection and evaluation, as described in
section 144, of bridges and tunnels on the National
Highway System, and inspection and evaluation of other
highway infrastructure assets on the National Highway
System, including signs and sign structures, earth
retaining walls, and drainage structures.
``(E) Training of bridge and tunnel inspectors, as
described in section 144.
``(F) Construction, rehabilitation, or replacement
of existing ferry boats and ferry boat facilities,
including approaches, that connect road segments of the
National Highway System.
``(G) Construction, reconstruction, resurfacing,
restoration, rehabilitation, and preservation of, and
operational improvements for, a Federal-aid highway not
on the National Highway System, and construction of a
transit project eligible for assistance under chapter 53
of title 49, if--
``(i) the highway project or transit project
is in the same corridor as, and in proximity to, a
fully access-controlled highway designated as a
part of the National Highway System;
``(ii) the construction or improvements will
reduce delays or produce travel time savings on
the fully access-controlled highway described in
clause (i) and improve regional traffic flow; and
``(iii) the construction or improvements are
more cost-effective, as determined by benefit-cost
analysis, than an improvement to the fully access-
controlled highway described in clause (i).
``(H) Bicycle transportation and pedestrian walkways
in accordance with section 217.
``(I) Highway safety improvements for segments of
the National Highway System.
``(J) Capital and operating costs for traffic and
traveler information monitoring, management, and control
facilities and programs.
``(K) Development and implementation of a State
asset management plan for the National Highway System in
accordance with this section, including data collection,
maintenance, and integration and the cost associated
with obtaining, updating, and licensing software and
equipment required for risk-based asset management and
performance-based management.
``(L) Infrastructure-based intelligent
transportation systems capital improvements.
``(M) Environmental restoration and pollution
abatement in accordance with section 328.
``(N) Control of noxious weeds and aquatic noxious
weeds and establishment of native species in accordance
with section 329.
[[Page 126 STAT. 434]]
``(O) Environmental mitigation efforts related to
projects funded under this section, as described in
subsection (g).
``(P) Construction of publicly owned intracity or
intercity bus terminals servicing the National Highway
System.
``(e) State Performance Management.--
``(1) In general.--A State shall develop a risk-based asset
management plan for the National Highway System to improve or
preserve the condition of the assets and the performance of the
system.
``(2) Performance driven plan.--A State asset management
plan shall include strategies leading to a program of projects
that would make progress toward achievement of the State targets
for asset condition and performance of the National Highway
System in accordance with section 150(d) and supporting the
progress toward the achievement of the national goals identified
in section 150(b).
``(3) Scope.--In developing a risk-based asset management
plan, the Secretary shall encourage States to include all
infrastructure assets within the right-of-way corridor in such
plan.
``(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) a summary listing of the pavement and bridge
assets on the National Highway System in the State,
including a description of the condition of those
assets;
``(B) asset management objectives and measures;
``(C) performance gap identification;
``(D) lifecycle cost and risk management analysis;
``(E) a financial plan; and
``(F) investment strategies.
``(5) <<NOTE: Determination.>> Requirement for plan.--
Notwithstanding section 120, with respect to the second fiscal
year beginning after the date of establishment of the process
established in paragraph (8) or any subsequent fiscal year, if
the Secretary determines that a State has not developed and
implemented a State asset management plan consistent with this
section, the Federal share payable on account of any project or
activity carried out by the State in that fiscal year under this
section shall be 65 percent.
``(6) <<NOTE: Deadlines. Reviews.>> Certification of plan
development process.--
``(A) In general.--Not later than 90 days after the
date on which a State submits a request for approval of
the process used by the State to develop the State asset
management plan for the National Highway System, the
Secretary shall--
``(i) review the process; and
``(ii)(I) certify that the process meets the
requirements established by the Secretary; or
``(II) deny certification and specify actions
necessary for the State to take to correct
deficiencies in the State process.
``(B) Recertification.--Not less frequently than
once every 4 years, the Secretary shall review and
recertify that the process used by a State to develop
and maintain the State asset management plan for the
National Highway
[[Page 126 STAT. 435]]
System meets the requirements for the process, as
established by the Secretary.
``(C) Opportunity to cure.--If the Secretary denies
certification under subparagraph (A), the Secretary
shall provide the State with--
``(i) not less than 90 days to cure the
deficiencies of the plan, during which time period
all penalties and other legal impacts of a denial
of certification shall be stayed; and
``(ii) <<NOTE: Statement.>> a written
statement of the specific actions the Secretary
determines to be necessary for the State to cure
the plan.
``(7) <<NOTE: Reports.>> Performance achievement.--A State
that does not achieve or make significant progress toward
achieving the targets of the State for performance measures
described in section 150(d) for the National Highway System for
2 consecutive reports submitted under this paragraph shall
include in the next report submitted a description of the
actions the State will undertake to achieve the targets.
``(8) <<NOTE: Deadline. Regulations.>> Process.--Not later
than 18 months after the date of enactment of the MAP-21, the
Secretary shall, by regulation and in consultation with State
departments of transportation, establish the process to develop
the State asset management plan described in paragraph (1).
``(f) Interstate System and NHS Bridge Conditions.--
``(1) Condition of interstate system.--
``(A) Penalty.--If, during 2 consecutive reporting
periods, the condition of the Interstate System,
excluding bridges on the Interstate System, in a State
falls below the minimum condition level established by
the Secretary under section 150(c)(3), the State shall
be required, during the following fiscal year--
``(i) to obligate, from the amounts
apportioned to the State under section 104(b)(1),
an amount that is not less than the amount of
funds apportioned to the State for fiscal year
2009 under the Interstate maintenance program for
the purposes described in this section (as in
effect on the day before the date of enactment of
the MAP-21), except that for each year after
fiscal year 2013, the amount required to be
obligated under this clause shall be increased by
2 percent over the amount required to be obligated
in the previous fiscal year; and
``(ii) to transfer, from the amounts
apportioned to the State under section 104(b)(2)
(other than amounts suballocated to metropolitan
areas and other areas of the State under section
133(d)) to the apportionment of the State under
section 104(b)(1), an amount equal to 10 percent
of the amount of funds apportioned to the State
for fiscal year 2009 under the Interstate
maintenance program for the purposes described in
this section (as in effect on the day before the
date of enactment of the MAP-21).
``(B) Restoration.--The obligation requirement for
the Interstate System in a State required by
subparagraph (A) for a fiscal year shall remain in
effect for each subsequent fiscal year until such time
as the condition of the
[[Page 126 STAT. 436]]
Interstate System in the State exceeds the minimum
condition level established by the Secretary.
``(2) Condition of nhs bridges.--
``(A) <<NOTE: Determination. Time
period.>> 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, 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, as determined by the Secretary.
``(g) Environmental Mitigation.--
``(1) Eligible activities.--In accordance with all
applicable Federal law (including regulations), environmental
mitigation efforts referred to in subsection (d)(2)(O) include
participation in natural habitat and wetlands mitigation efforts
relating to projects funded under this title, which may
include--
``(A) participation in mitigation banking or other
third-party mitigation arrangements, such as--
``(i) the purchase of credits from commercial
mitigation banks;
``(ii) the establishment and management of
agency-sponsored mitigation banks; and
``(iii) the purchase of credits or
establishment of in-lieu fee mitigation programs;
``(B) contributions to statewide and regional
efforts to conserve, restore, enhance, and create
natural habitats and wetlands; and
``(C) the development of statewide and regional
environmental protection plans, including natural
habitat and wetland conservation and restoration plans.
``(2) Inclusion of other activities.--The banks, efforts,
and plans described in paragraph (1) include any such banks,
efforts, and plans developed in accordance with applicable law
(including regulations).
``(3) <<NOTE: Applicability.>> Terms and conditions.--The
following terms and conditions apply to natural habitat and
wetlands mitigation efforts under this subsection:
``(A) Contributions to the mitigation effort may--
``(i) take place concurrent with, or in
advance of, commitment of funding under this title
to a project or projects; and
``(ii) occur in advance of project
construction only if the efforts are consistent
with all applicable requirements of Federal law
(including regulations) and State transportation
planning processes.
[[Page 126 STAT. 437]]
``(B) Credits from any agency-sponsored mitigation
bank that are attributable to funding under this section
may be used only for projects funded under this title,
unless the agency pays to the Secretary an amount equal
to the Federal funds attributable to the mitigation bank
credits the agency uses for purposes other than
mitigation of a project funded under this title.
``(4) Preference.--At the discretion of the project sponsor,
preference shall be given, to the maximum extent practicable, to
mitigating an environmental impact through the use of a
mitigation bank, in-lieu fee, or other third-party mitigation
arrangement, if the use of credits from the mitigation bank or
in-lieu fee, or the other third-party mitigation arrangement for
the project, is approved by the applicable Federal agency.''.
(b) <<NOTE: 23 USC 119 note.>> Transition Period.--
(1) <<NOTE: Deadline.>> In general.--Except as provided in
paragraph (2), until such date as a State has in effect an
approved asset management plan and has established performance
targets as described in sections 119 and 150 of title 23, United
States Code, that will contribute to achieving the national
goals for the condition and performance of the National Highway
System, but not later than 18 months after the date on which the
Secretary promulgates the final regulation required under
section 150(c) of that title, the Secretary shall approve
obligations of funds apportioned to a State to carry out the
national highway performance program under section 119 of that
title, for projects that otherwise meet the requirements of that
section.
(2) Extension.--The Secretary may extend the transition
period for a State under paragraph (1) if the Secretary
determines that the State has made a good faith effort to
establish an asset management plan and performance targets
referred to in that paragraph.
(c) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
119 and inserting the following:
``119. National highway performance program.''.
SEC. 1107. EMERGENCY RELIEF.
Section 125 of title 23, United States Code, is amended to read as
follows:
``Sec. 125. Emergency relief
``(a) In General.--Subject to this section and section 120, an
emergency fund is authorized for expenditure by the Secretary for the
repair or reconstruction of highways, roads, and trails, in any area of
the United States, including Indian reservations, that the Secretary
finds have suffered serious damage as a result of--
``(1) a natural disaster over a wide area, such as by a
flood, hurricane, tidal wave, earthquake, severe storm, or
landslide; or
``(2) catastrophic failure from any external cause.
``(b) Restriction on Eligibility.--
``(1) Definition of construction phase.--In this subsection,
the term `construction phase' means the phase of physical
construction of a highway or bridge facility that is separate
from any other identified phases, such as planning, design,
[[Page 126 STAT. 438]]
or right-of-way phases, in the State transportation improvement
program.
``(2) Restriction.--In no case shall funds be used under
this section for the repair or reconstruction of a bridge--
``(A) that has been permanently closed to all
vehicular traffic by the State or responsible local
official because of imminent danger of collapse due to a
structural deficiency or physical deterioration; or
``(B) if a construction phase of a replacement
structure is included in the approved Statewide
transportation improvement program at the time of an
event described in subsection (a).
``(c) Funding.--
``(1) In general.--Subject to the limitations described in
paragraph (2), there are authorized to be appropriated from the
Highway Trust Fund (other than the Mass Transit Account) such
sums as are necessary to establish the fund authorized by this
section and to replenish that fund on an annual basis.
``(2) Limitations.--The limitations referred to in paragraph
(1) are that--
``(A) not more than $100,000,000 is authorized to be
obligated in any 1 fiscal year commencing after
September 30, 1980, to carry out this section, except
that, if for any fiscal year the total of all
obligations under this section is less than the amount
authorized to be obligated for the fiscal year, the
unobligated balance of that amount shall--
``(i) remain available until expended; and
``(ii) be in addition to amounts otherwise
available to carry out this section for each year;
and
``(B)(i) pending such appropriation or
replenishment, the Secretary may obligate from any funds
appropriated at any time for obligation in accordance
with this title, including existing Federal-aid
appropriations, such sums as are necessary for the
immediate prosecution of the work herein authorized; and
``(ii) funds obligated under this subparagraph shall
be reimbursed from the appropriation or replenishment.
``(d) Eligibility.--
``(1) In general.--The Secretary may expend funds from the
emergency fund authorized by this section only for the repair or
reconstruction of highways on Federal-aid highways in accordance
with this chapter, except that--
``(A) no funds shall be so expended unless an
emergency has been declared by the Governor of the State
with concurrence by the Secretary, unless the President
has declared the emergency to be a major disaster for
the purposes of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
for which concurrence of the Secretary is not required;
and
``(B) <<NOTE: Deadline.>> the Secretary has received
an application from the State transportation department
that includes a comprehensive list of all eligible
project sites and repair costs by not later than 2 years
after the natural disaster or catastrophic failure.
``(2) Cost limitation.--
[[Page 126 STAT. 439]]
``(A) Definition of comparable facility.--In this
paragraph, the term `comparable facility' means a
facility that meets the current geometric and
construction standards required for the types and volume
of traffic that the facility will carry over its design
life.
``(B) Limitation.--The total cost of a project
funded under this section may not exceed the cost of
repair or reconstruction of a comparable facility.
``(3) Debris removal.--The costs of debris removal shall be
an eligible expense 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.); or
``(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).
``(4) Territories.--The total obligations for projects under
this section for any fiscal year in the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands shall not exceed $20,000,000.
``(5) Substitute traffic.--Notwithstanding any other
provision of this section, actual and necessary costs of
maintenance and operation of ferryboats or additional transit
service providing temporary substitute highway traffic service,
less the amount of fares charged for comparable service, may be
expended from the emergency fund authorized by this section for
Federal-aid highways.
``(e) Tribal Transportation Facilities, Federal Lands Transportation
Facilities, and Public Roads on Federal Lands.--
``(1) Definition of open to public travel.--In this
subsection, the term `open to public travel' means, with respect
to a road, that, except during scheduled periods, extreme
weather conditions, or emergencies, the road is open to the
general public for use with a standard passenger vehicle,
without restrictive gates or prohibitive signs or regulations,
other than for general traffic control or restrictions based on
size, weight, or class of registration.
``(2) Expenditure of funds.--Notwithstanding subsection
(d)(1), the Secretary may expend funds from the emergency fund
authorized by this section, independently or in cooperation with
any other branch of the Federal Government, a State agency, a
tribal government, an organization, or a person, for the repair
or reconstruction of tribal transportation facilities, Federal
lands transportation facilities, and other federally owned roads
that are open to public travel, whether or not those facilities
are Federal-aid highways.
``(3) Reimbursement.--
``(A) In general.--The Secretary may reimburse
Federal and State agencies (including political
subdivisions) for expenditures made for projects
determined eligible under this section, including
expenditures for emergency repairs made before a
determination of eligibility.
``(B) Transfers.--With respect to reimbursements
described in subparagraph (A)--
[[Page 126 STAT. 440]]
``(i) those reimbursements to Federal agencies
and Indian tribal governments shall be transferred
to the account from which the expenditure was
made, or to a similar account that remains
available for obligation; and
``(ii) the budget authority associated with
the expenditure shall be restored to the agency
from which the authority was derived and shall be
available for obligation until the end of the
fiscal year following the year in which the
transfer occurs.
``(f) Treatment of Territories.--For purposes of this section, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands shall be considered to be States and parts of
the United States, and the chief executive officer of each such
territory shall be considered to be a Governor of a State.
``(g) Protecting Public Safety and Maintaining Roadways.--The
Secretary may use not more than 5 percent of amounts from the emergency
fund authorized by this section to carry out projects that the Secretary
determines are necessary to protect the public safety or to maintain or
protect roadways that are included within the scope of an emergency
declaration by the Governor of the State or by the President, in
accordance with this section, and the Governor deems to be an ongoing
concern in order to maintain vehicular traffic on the roadway.''.
SEC. 1108. SURFACE TRANSPORTATION PROGRAM.
(a) Eligible Projects.--Section 133(b) of title 23, United States
Code, is amended--
(1) in the matter preceding paragraph (1) by striking
``section 104(b)(3)'' and inserting ``section 104(b)(2)'';
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) through (15) as
paragraphs (5) through (18), respectively;
(4) by inserting before paragraph (5) (as so redesignated)
the following:
``(1) Construction, reconstruction, rehabilitation,
resurfacing, restoration, preservation, or operational
improvements for highways, including construction of designated
routes of the Appalachian development highway system and local
access roads under section 14501 of title 40.
``(2) Replacement (including replacement with fill
material), rehabilitation, preservation, protection (including
painting, scour countermeasures, seismic retrofits, impact
protection measures, security countermeasures, and protection
against extreme events) and application of calcium magnesium
acetate, sodium acetate/formate, or other environmentally
acceptable, minimally corrosive anti-icing and deicing
compositions for bridges (and approaches to bridges and other
elevated structures) and tunnels on public roads of all
functional classifications, including any such construction or
reconstruction necessary to accommodate other transportation
modes.
``(3) Construction of a new bridge or tunnel at a new
location on a Federal-aid highway.
``(4) Inspection and evaluation of bridges and tunnels and
training of bridge and tunnel inspectors (as defined in section
[[Page 126 STAT. 441]]
144), and inspection and evaluation of other highway assets
(including signs, retaining walls, and drainage structures).'';
(5) by striking paragraph (6) (as so redesignated) and
inserting the following:
``(6) Carpool projects, fringe and corridor parking
facilities and programs, including electric vehicle and natural
gas vehicle infrastructure in accordance with section 137,
bicycle transportation and pedestrian walkways in accordance
with section 217, and the modifications of public sidewalks to
comply with the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.).'';
(6) by striking paragraph (7) (as so redesignated) and
inserting the following:
``(7) Highway and transit safety infrastructure improvements
and programs, installation of safety barriers and nets on
bridges, hazard eliminations, projects to mitigate hazards
caused by wildlife, and railway-highway grade crossings.'';
(7) in paragraph (11) (as so redesignated) by striking
``enhancement activities'' and inserting ``alternatives'';
(8) by striking paragraph (14) (as so redesignated) and
inserting the following:
``(14) Environmental mitigation efforts relating to projects
funded under this title in the same manner and to the same
extent as such activities are eligible under section 119(g).'';
and
(9) by inserting after paragraph (18) (as so redesignated)
the following:
``(19) Projects and strategies designed to support
congestion pricing, including electric toll collection and
travel demand management strategies and programs.
``(20) Recreational trails projects eligible for funding
under section 206.
``(21) Construction of ferry boats and ferry terminal
facilities eligible for funding under section 129(c).
``(22) Border infrastructure projects eligible for funding
under section 1303 of the SAFETEA-LU (23 U.S.C. 101 note; Public
Law 109-59).
``(23) Truck parking facilities eligible for funding under
section 1401 of the MAP-21.
``(24) Development and implementation of a State asset
management plan for the National Highway System in accordance
with section 119, including data collection, maintenance, and
integration and the costs associated with obtaining, updating,
and licensing software and equipment required for risk based
asset management and performance based management, and for
similar activities related to the development and implementation
of a performance based management program for other public
roads.
``(25) A project that, if located within the boundaries of a
port terminal, includes only such surface transportation
infrastructure modifications as are necessary to facilitate
direct intermodal interchange, transfer, and access into and out
of the port.
``(26) Construction and operational improvements for any
minor collector if--
``(A) the minor collector, and the project to be
carried out with respect to the minor collector, are in
the same
[[Page 126 STAT. 442]]
corridor as, and in proximity to, a Federal-aid highway
designated as part of the National Highway System;
``(B) the construction or improvements will enhance
the level of service on the Federal-aid highway
described in subparagraph (A) and improve regional
traffic flow; and
``(C) the construction or improvements are more
cost-effective, as determined by a benefit-cost
analysis, than an improvement to the Federal-aid highway
described in subparagraph (A).''.
(b) Location of Projects.--Section 133 of title 23, United States
Code, is amended by striking subsection (c) and inserting the following:
``(c) Location of Projects.--Surface transportation program projects
may not be undertaken on roads functionally classified as local or rural
minor collectors unless the roads were on a Federal-aid highway system
on January 1, 1991, except--
``(1) as provided in subsection (g);
``(2) for projects described in paragraphs (2), (4), (6),
(7), (11), (20), (25), and (26) of subsection (b); and
``(3) as approved by the Secretary.''.
(c) Allocation of Apportioned Funds.--Section 133 of the title 23,
United States Code, is amended by striking subsection (d) and inserting
the following:
``(d) Allocations of Apportioned Funds to Areas Based on
Population.--
``(1) Calculation.--Of the funds apportioned to a State
under section 104(b)(2)--
``(A) 50 percent for a fiscal year shall be
obligated under this section, in proportion to their
relative shares of the population of the State--
``(i) in urbanized areas of the State with an
urbanized area population of over 200,000;
``(ii) in areas of the State other than urban
areas with a population greater than 5,000; and
``(iii) in other areas of the State; and
``(B) 50 percent may be obligated in any area of the
State.
``(2) Metropolitan areas.--Funds attributed to an urbanized
area under paragraph (1)(A)(i) may be obligated in the
metropolitan area established under section 134 that encompasses
the urbanized area.
``(3) Consultation with regional transportation planning
organizations.--For purposes of paragraph (1)(A)(ii), 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.
``(4) Distribution among urbanized areas of over 200,000
population.--
``(A) In general.--Except as provided in
subparagraph (B), the amount of funds that a State is
required to obligate under paragraph (1)(A)(i) shall be
obligated in urbanized areas described in paragraph
(1)(A)(i) based on the relative population of the areas.
``(B) Other factors.--The State may obligate the
funds described in subparagraph (A) based on other
factors if the State and the relevant metropolitan
planning
[[Page 126 STAT. 443]]
organizations jointly apply to the Secretary for the
permission to base the obligation on other factors and
the Secretary grants the request.
``(5) Applicability of planning requirements.--Programming
and expenditure of funds for projects under this section shall
be consistent with sections 134 and 135.''.
(d) Administration.--Section 133 of title 23, United States Code, is
amended by striking subsection (e) and inserting the following:
``(e) Administration.--
``(1) Submission of project agreement.--For each fiscal
year, each State shall submit a project agreement that--
``(A) <<NOTE: Certification.>> certifies that the
State will meet all the requirements of this section;
and
``(B) <<NOTE: Notification.>> notifies the Secretary
of the amount of obligations needed to carry out the
program under this section.
``(2) Request for adjustments of amounts.--Each State shall
request from the Secretary such adjustments to the amount of
obligations referred to in paragraph (1)(B) as the State
determines to be necessary.
``(3) Effect of approval by the secretary.--Approval by the
Secretary of a project agreement under paragraph (1) shall be
deemed a contractual obligation of the United States to pay
surface transportation program funds made available under this
title.''.
(e) Obligation Authority.--Section 133(f)(1) of title 23, United
States Code, is amended by striking ``2004 through 2006 and the period
of fiscal years 2007 through 2009'' and inserting ``2011 through 2014''.
(f) Bridges Not on Federal-aid Highways.--Section 133 of the title
23, United States Code, is amended by adding at the end the following:
``(g) Bridges Not on Federal-aid Highways.--
``(1) Definition of off-system bridge.--In this subsection,
the term `off-system bridge' means a highway bridge located on a
public road, other than a bridge on a Federal-aid highway.
``(2) Special rule.--
``(A) 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 an amount that is not less than 15
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.
``(B) Reduction of expenditures.--The Secretary,
after consultation with State and local officials, may
reduce the requirement for expenditures for off-system
bridges under subparagraph (A) with respect to the State
if the Secretary determines that the State has
inadequate needs to justify the expenditure.
``(3) Credit for bridges not on federal-aid highways.--
Notwithstanding any other provision of law, with respect to any
project not on a Federal-aid highway for the replacement of a
bridge or rehabilitation of a bridge that is wholly funded from
State and local sources, is eligible for Federal funds under
[[Page 126 STAT. 444]]
this section, is noncontroversial, is certified by the State to
have been carried out in accordance with all standards
applicable to such projects under this section, and is
determined by the Secretary upon completion to be no longer a
deficient bridge--
``(A) any amount expended after the date of
enactment of this subsection from State and local
sources for the project in excess of 20 percent of the
cost of construction of the project may be credited to
the non-Federal share of the cost of other bridge
projects in the State that are eligible for Federal
funds under this section; and
``(B) that crediting shall be conducted in
accordance with procedures established by the Secretary.
``(h) Special Rule for Areas of Less Than 5,000 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)(iii) for each of fiscal years 2013 through 2014 may be
obligated on roads functionally classified as minor collectors.
``(2) Suspension.--The Secretary may suspend the application
of paragraph (1) with respect to a State if the Secretary
determines that the authority provided under paragraph (1) is
being used excessively by the State.''.
SEC. 1109. WORKFORCE DEVELOPMENT.
(a) On-the-job Training.--Section 140(b) of title 23, United States
Code, is amended--
(1) in the second sentence, by striking ``Whenever
apportionments are made under section 104(b)(3) of this title,''
and inserting ``From administrative funds made available under
section 104(a),''; and
(2) in the fourth sentence, by striking ``and the bridge
program under section 144''.
(b) Disadvantaged Business Enterprise.--Section 140(c) of title 23,
United States Code, is amended in the second sentence by striking
``Whenever apportionments are made under section 104(b)(3),'' and
inserting ``From administrative funds made available under section
104(a),''.
SEC. 1110. HIGHWAY USE TAX EVASION PROJECTS.
Section 143 of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (2) and inserting the
following:
``(2) Funding.--
``(A) In general.--From administrative funds made
available under section 104(a), the Secretary shall
deduct such sums as are necessary, not to exceed
$10,000,000 for each of fiscal years 2013 and 2014, to
carry out this section.
``(B) Allocation of funds.--Funds made available to
carry out this section may be allocated to the Internal
Revenue Service and the States at the discretion of the
Secretary, except that of funds so made available for
each fiscal year, $2,000,000 shall be available only to
carry out intergovernmental enforcement efforts,
including research and training.''; and
[[Page 126 STAT. 445]]
(B) in paragraph (8) by striking ``section
104(b)(3)'' and inserting ``section 104(b)(2)''; and
(2) in subsection (c)(3) by striking ``for each of fiscal
years 2005 through 2009,'' and inserting ``for each fiscal
year,''.
SEC. 1111. NATIONAL BRIDGE AND TUNNEL INVENTORY AND INSPECTION
STANDARDS.
(a) In General.--Section 144 of title 23, United States Code, is
amended to read as follows:
``Sec. 144. National bridge and tunnel inventory and inspection
standards
``(a) Findings and Declarations.--
``(1) Findings.--Congress finds that--
``(A) the condition of the bridges of the United
States has improved since the date of enactment of the
Transportation Equity Act for the 21st Century (Public
Law 105-178; 112 Stat. 107), yet continued improvement
to bridge conditions is essential to protect the safety
of the traveling public and allow for the efficient
movement of people and goods on which the economy of the
United States relies; and
``(B) the systematic preventative maintenance of
bridges, and replacement and rehabilitation of deficient
bridges, should be undertaken through an overall asset
management approach to transportation investment.
``(2) Declarations.--Congress declares that it is in the
vital interest of the United States--
``(A) to inventory, inspect, and improve the
condition of the highway bridges and tunnels of the
United States;
``(B) to use a data-driven, risk-based approach and
cost-effective strategy for systematic preventative
maintenance, replacement, and rehabilitation of highway
bridges and tunnels to ensure safety and extended
service life;
``(C) to use performance-based bridge management
systems to assist States in making timely investments;
``(D) to ensure accountability and link performance
outcomes to investment decisions; and
``(E) to ensure connectivity and access for
residents of rural areas of the United States through
strategic investments in National Highway System bridges
and bridges on all public roads.
``(b) National Bridge and Tunnel Inventories.--The Secretary, in
consultation with the States and Federal agencies with jurisdiction over
highway bridges and tunnels, shall--
``(1) inventory all highway bridges on public roads, on and
off Federal-aid highways, including tribally owned and Federally
owned bridges, that are bridges over waterways, other
topographical barriers, other highways, and railroads;
``(2) inventory all tunnels on public roads, on and off
Federal-aid highways, including tribally owned and Federally
owned tunnels;
``(3) classify the bridges according to serviceability,
safety, and essentiality for public use, including the potential
impacts to emergency evacuation routes and to regional and
national freight and passenger mobility if the serviceability of
the bridge is restricted or diminished;
[[Page 126 STAT. 446]]
``(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 identified under this subsection with a
comparable facility or the cost of rehabilitating the bridge.
``(c) General Bridge Authority.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, the General Bridge
Act of 1946 (33 U.S.C. 525 et seq.) shall apply to bridges
authorized to be replaced, in whole or in part, by this title.
``(2) Exception.--Section 502(b) of the General Bridge Act
of 1946 (33 U.S.C. 525(b)) and section 9 of the Act of March 3,
1899 (33 U.S.C. 401), shall not apply to any bridge constructed,
reconstructed, rehabilitated, or replaced with assistance under
this title, if the bridge is over waters that--
``(A) are not used and are not susceptible to use in
the natural condition of the bridge or by reasonable
improvement as a means to transport interstate or
foreign commerce; and
``(B) are--
``(i) not tidal; or
``(ii) if tidal, used only by recreational
boating, fishing, and other small vessels that are
less than 21 feet in length.
``(d) Inventory Updates and Reports.--
``(1) In general.--The Secretary shall--
``(A) annually revise the inventories authorized by
subsection (b); and
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report on the inventories.
``(2) Inspection report.--Not later than 2 years after the
date of enactment of the MAP-21, each State and appropriate
Federal agency shall report element level data to the Secretary,
as each bridge is inspected pursuant to this section, for all
highway bridges on the National Highway System.
``(3) Guidance.--The Secretary shall provide guidance to
States and Federal agencies for implementation of this
subsection, while respecting the existing inspection schedule of
each State.
``(4) Bridges not on national highway system.--The Secretary
shall--
``(A) <<NOTE: Study.>> conduct a study on the
benefits, cost-effectiveness, and feasibility of
requiring element-level data collection for bridges not
on the National Highway System; and
``(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report on the results of the study.
``(e) Bridges Without Taxing Powers.--
``(1) In general.--Notwithstanding any other provision of
law, any bridge that is owned and operated by an agency that
does not have taxing powers and whose functions include
operating a federally assisted public transit system subsidized
by toll revenues shall be eligible for assistance under this
[[Page 126 STAT. 447]]
title, but the amount of such assistance shall in no event
exceed the cumulative amount which such agency has expended for
capital and operating costs to subsidize such transit system.
``(2) Insufficient assets.--Before authorizing an
expenditure of funds under this subsection, the Secretary shall
determine that the applicant agency has insufficient reserves,
surpluses, and projected revenues (over and above those required
for bridge and transit capital and operating costs) to fund the
bridge project or activity eligible for assistance under this
title.
``(3) Crediting of non-federal funds.--Any non-Federal funds
expended for the seismic retrofit of the bridge may be credited
toward the non-Federal share required as a condition of receipt
of any Federal funds for seismic retrofit of the bridge made
available after the date of the expenditure.
``(f) Replacement of Destroyed Bridges and Ferry Boat Service.--
``(1) In general.--Notwithstanding any other provision of
law, a State may use the funds apportioned under section
104(b)(2) to construct any bridge that replaces--
``(A) any low water crossing (regardless of the
length of the low water crossing);
``(B) any bridge that was destroyed prior to January
1, 1965;
``(C) any ferry that was in existence on January 1,
1984; or
``(D) any road bridge that is rendered obsolete as a
result of a Corps of Engineers flood control or
channelization project and is not rebuilt with funds
from the Corps of Engineers.
``(2) Federal share.--The Federal share payable on any
bridge construction carried out under paragraph (1) shall be 80
percent of the cost of the construction.
``(g) Historic Bridges.--
``(1) Definition of historic bridge.--In this subsection,
the term `historic bridge' means any bridge that is listed on,
or eligible for listing on, the National Register of Historic
Places.
``(2) Coordination.--The Secretary shall, in cooperation
with the States, encourage the retention, rehabilitation,
adaptive reuse, and future study of historic bridges.
``(3) State inventory.--The Secretary shall require each
State to complete an inventory of all bridges on and off
Federal-aid highways to determine the historic significance of
the bridges.
``(4) Eligibility.--
``(A) In general.--Subject to subparagraph (B),
reasonable costs associated with actions to preserve, or
reduce the impact of a project under this chapter on,
the historic integrity of a historic bridge shall be
eligible as reimbursable project costs under section 133
if the load capacity and safety features of the historic
bridge are adequate to serve the intended use for the
life of the historic bridge.
``(B) Bridges not used for vehicle traffic.--In the
case of a historic bridge that is no longer used for
motorized vehicular traffic, the costs eligible as
reimbursable project
[[Page 126 STAT. 448]]
costs pursuant to this chapter shall not exceed the
estimated cost of demolition of the historic bridge.
``(5) Preservation.--Any State that proposes to demolish a
historic bridge for a replacement project with funds made
available to carry out this section shall first make the
historic bridge available for donation to a State, locality, or
responsible private entity if the State, locality, or
responsible entity enters into an agreement--
``(A) to maintain the bridge and the features that
give the historic bridge its historic significance; and
``(B) to assume all future legal and financial
responsibility for the historic bridge, which may
include an agreement to hold the State transportation
department harmless in any liability action.
``(6) Costs incurred.--
``(A) In general.--Costs incurred by the State to
preserve a historic bridge (including funds made
available to the State, locality, or private entity to
enable it to accept the bridge) shall be eligible as
reimbursable project costs under this chapter in an
amount not to exceed the cost of demolition.
``(B) Additional funding.--Any bridge preserved
pursuant to this paragraph shall not be eligible for any
other funds authorized pursuant to this title.
``(h) National Bridge and Tunnel Inspection Standards.--
``(1) Requirement.--
``(A) In general.--The Secretary shall establish and
maintain inspection standards for the proper inspection
and evaluation of all highway bridges and tunnels for
safety and serviceability.
``(B) Uniformity.--The standards under this
subsection shall be designed to ensure uniformity of the
inspections and evaluations.
``(2) Minimum requirements of inspection standards.--The
standards established under paragraph (1) shall, at a minimum--
``(A) specify, in detail, the method by which the
inspections shall be carried out by the States, Federal
agencies, and tribal governments;
``(B) establish the maximum time period between
inspections;
``(C) establish the qualifications for those charged
with carrying out the inspections;
``(D) require each State, Federal agency, and tribal
government to maintain and make available to the
Secretary on request--
``(i) <<NOTE: Reports.>> written reports on
the results of highway bridge and tunnel
inspections and notations of any action taken
pursuant to the findings of the inspections; and
``(ii) <<NOTE: Inventory data.>> current
inventory data for all highway bridges and tunnels
reflecting the findings of the most recent highway
bridge and tunnel inspections conducted; and
``(E) <<NOTE: Procedures. Certification.>> establish
a procedure for national certification of highway bridge
inspectors and tunnel inspectors.
``(3) State compliance with inspection standards.--The
Secretary shall, at a minimum--
[[Page 126 STAT. 449]]
``(A) establish, in consultation with the States,
Federal agencies, and interested and knowledgeable
private organizations and individuals, procedures to
conduct reviews of State compliance with--
``(i) the standards established under this
subsection; and
``(ii) the calculation or reevaluation of
bridge load ratings; and
``(B) <<NOTE: Procedures. Reports.>> establish, in
consultation with the States, Federal agencies, and
interested and knowledgeable private organizations and
individuals, procedures for States to follow in
reporting to the Secretary--
``(i) critical findings relating to structural
or safety-related deficiencies of highway bridges
and tunnels; and
``(ii) monitoring activities and corrective
actions taken in response to a critical finding
described in clause (i).
``(4) <<NOTE: Deadlines.>> Reviews of state compliance.--
``(A) In general.--The Secretary shall annually
review State compliance with the standards established
under this section.
``(B) Noncompliance.--If an annual review in
accordance with subparagraph (A) identifies
noncompliance by a State, the Secretary shall--
``(i) <<NOTE: Reports.>> issue a report
detailing the issues of the noncompliance by
December 31 of the calendar year in which the
review was made; and
``(ii) provide the State an opportunity to
address the noncompliance by--
``(I) <<NOTE: Action
plan.>> developing a corrective action
plan to remedy the noncompliance; or
``(II) resolving the issues of
noncompliance not later than 45 days
after the date of notification.
``(5) Penalty for noncompliance.--
``(A) <<NOTE: Deadlines.>> In general.--If a State
fails to satisfy the requirements of paragraph (4)(B) by
August 1 of the calendar year following the year of a
finding of noncompliance, the Secretary shall, on
October 1 of that year, and each year thereafter as may
be necessary, require the State to dedicate funds
apportioned to the State under sections 119 and 133
after the date of enactment of the MAP-21 to correct the
noncompliance with the minimum inspection standards
established under this subsection.
``(B) Amount.--The amount of the funds to be
directed to correcting noncompliance in accordance with
subparagraph (A) shall--
``(i) <<NOTE: Determination.>> be determined
by the State based on an analysis of the actions
needed to address the noncompliance; and
``(ii) require approval by the Secretary.
``(6) <<NOTE: Deadline.>> Update of standards.--Not later
than 3 years after the date of enactment of the MAP-21, the
Secretary shall update inspection standards to cover--
``(A) the methodology, training, and qualifications
for inspectors; and
``(B) the frequency of inspection.
[[Page 126 STAT. 450]]
``(7) Risk-based approach.--In carrying out the revisions
required by paragraph (6), the Secretary shall consider a risk-
based approach to determining the frequency of bridge
inspections.
``(i) Training Program for Bridge and Tunnel Inspectors.--
``(1) In general.--The Secretary, in cooperation with the
State transportation departments, shall maintain a program
designed to train appropriate personnel to carry out highway
bridge and tunnel inspections.
``(2) Revisions.--The training program shall be revised from
time to time to take into account new and improved techniques.
``(j) Availability of Funds.--In carrying out this section--
``(1) the Secretary may use funds made available to the
Secretary under sections 104(a) and 503;
``(2) a State may use amounts apportioned to the State under
section 104(b)(1) and 104(b)(3);
``(3) an Indian tribe may use funds made available to the
Indian tribe under section 202; and
``(4) a Federal agency may use funds made available to the
agency under section 503.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
144 and inserting the following:
``144. National bridge and tunnel inventory and inspection standards.''.
SEC. 1112. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) In General.--Section 148 of title 23, United States Code, is
amended to read as follows:
``Sec. 148. Highway safety improvement program
``(a) Definitions.--In this section, the following definitions
apply:
``(1) High risk rural road.--The term `high risk rural road'
means any roadway functionally classified as a rural major or
minor collector or a rural local road with significant safety
risks, as defined by a State in accordance with an updated State
strategic highway safety plan.
``(2) Highway basemap.--The term `highway basemap' means a
representation of all public roads that can be used to geolocate
attribute data on a roadway.
``(3) Highway safety improvement program.--The term `highway
safety improvement program' means projects, activities, plans,
and reports carried out under this section.
``(4) Highway safety improvement project.--
``(A) In general.--The term `highway safety
improvement project' means strategies, activities, and
projects on a public road that are consistent with a
State strategic highway safety plan and--
``(i) correct or improve a hazardous road
location or feature; or
``(ii) address a highway safety problem.
``(B) Inclusions.--The term `highway safety
improvement project' includes, but is not limited to, a
project for 1 or more of the following:
``(i) An intersection safety improvement.
[[Page 126 STAT. 451]]
``(ii) Pavement and shoulder widening
(including addition of a passing lane to remedy an
unsafe condition).
``(iii) Installation of rumble strips or
another warning device, if the rumble strips or
other warning devices do not adversely affect the
safety or mobility of bicyclists and pedestrians,
including persons with disabilities.
``(iv) Installation of a skid-resistant
surface at an intersection or other location with
a high frequency of crashes.
``(v) An improvement for pedestrian or
bicyclist safety or safety of persons with
disabilities.
``(vi) Construction and improvement of a
railway-highway grade crossing safety feature,
including installation of protective devices.
``(vii) The conduct of a model traffic
enforcement activity at a railway-highway
crossing.
``(viii) Construction of a traffic calming
feature.
``(ix) Elimination of a roadside hazard.
``(x) Installation, replacement, and other
improvement of highway signage and pavement
markings, or a project to maintain minimum levels
of retroreflectivity, that addresses a highway
safety problem consistent with a State strategic
highway safety plan.
``(xi) Installation of a priority control
system for emergency vehicles at signalized
intersections.
``(xii) Installation of a traffic control or
other warning device at a location with high crash
potential.
``(xiii) Transportation safety planning.
``(xiv) Collection, analysis, and improvement
of safety data.
``(xv) Planning integrated interoperable
emergency communications equipment, operational
activities, or traffic enforcement activities
(including police assistance) relating to work
zone safety.
``(xvi) Installation of guardrails, barriers
(including barriers between construction work
zones and traffic lanes for the safety of road
users and workers), and crash attenuators.
``(xvii) The addition or retrofitting of
structures or other measures to eliminate or
reduce crashes involving vehicles and wildlife.
``(xviii) Installation of yellow-green signs
and signals at pedestrian and bicycle crossings
and in school zones.
``(xix) Construction and operational
improvements on high risk rural roads.
``(xx) Geometric improvements to a road for
safety purposes that improve safety.
``(xxi) A road safety audit.
``(xxii) Roadway safety infrastructure
improvements consistent with the recommendations
included in the publication of the Federal Highway
Administration entitled `Highway Design Handbook
for Older
[[Page 126 STAT. 452]]
Drivers and Pedestrians' (FHWA-RD-01-103), dated
May 2001 or as subsequently revised and updated.
``(xxiii) Truck parking facilities eligible
for funding under section 1401 of the MAP-21.
``(xxiv) Systemic safety improvements.
``(5) Model inventory of roadway elements.--The term `model
inventory of roadway elements' means the listing and
standardized coding by the Federal Highway Administration of
roadway and traffic data elements critical to safety management,
analysis, and decisionmaking.
``(6) Project to maintain minimum levels of
retroreflectivity.--The term `project to maintain minimum levels
of retroreflectivity' means a project that is designed to
maintain a highway sign or pavement marking retroreflectivity at
or above the minimum levels prescribed in Federal or State
regulations.
``(7) Road safety audit.--The term `road safety audit' means
a formal safety performance examination of an existing or future
road or intersection by an independent multidisciplinary audit
team.
``(8) Road users.--The term `road user' means a motorist,
passenger, public transportation operator or user, truck driver,
bicyclist, motorcyclist, or pedestrian, including a person with
disabilities.
``(9) Safety data.--
``(A) In general.--The term `safety data' means
crash, roadway, and traffic data on a public road.
``(B) Inclusion.--The term `safety data' includes,
in the case of a railway-highway grade crossing, the
characteristics of highway and train traffic, licensing,
and vehicle data.
``(10) Safety project under any other section.--
``(A) In general.--The term `safety project under
any other section' means a project carried out for the
purpose of safety under any other section of this title.
``(B) Inclusion.--The term `safety project under any
other section' includes--
``(i) a project consistent with the State
strategic highway safety plan that promotes the
awareness of the public and educates the public
concerning highway safety matters (including
motorcycle safety);
``(ii) a project to enforce highway safety
laws; and
``(iii) a project to provide infrastructure
and infrastructure-related equipment to support
emergency services.
``(11) State highway safety improvement program.--The term
`State highway safety improvement program' means a program of
highway safety improvement projects, activities, plans and
reports carried out as part of the Statewide transportation
improvement program under section 135(g).
``(12) State strategic highway safety plan.--The term `State
strategic highway safety plan' means a comprehensive plan, based
on safety data, developed by a State transportation department
that--
``(A) is developed after consultation with--
``(i) a highway safety representative of the
Governor of the State;
[[Page 126 STAT. 453]]
``(ii) regional transportation planning
organizations and metropolitan planning
organizations, if any;
``(iii) representatives of major modes of
transportation;
``(iv) State and local traffic enforcement
officials;
``(v) a highway-rail grade crossing safety
representative of the Governor of the State;
``(vi) representatives conducting a motor
carrier safety program under section 31102, 31106,
or 31309 of title 49;
``(vii) motor vehicle administration agencies;
``(viii) county transportation officials;
``(ix) State representatives of nonmotorized
users; and
``(x) other major Federal, State, tribal, and
local safety stakeholders;
``(B) analyzes and makes effective use of State,
regional, local, or tribal safety data;
``(C) addresses engineering, management, operation,
education, enforcement, and emergency services elements
(including integrated, interoperable emergency
communications) of highway safety as key factors in
evaluating highway projects;
``(D) considers safety needs of, and high-fatality
segments of, all public roads, including non-State-owned
public roads and roads on tribal land;
``(E) considers the results of State, regional, or
local transportation and highway safety planning
processes;
``(F) describes a program of strategies to reduce or
eliminate safety hazards;
``(G) is approved by the Governor of the State or a
responsible State agency;
``(H) is consistent with section 135(g); and
``(I) is updated and submitted to the Secretary for
approval as required under subsection (d)(2).
``(13) Systemic safety improvement.--The term `systemic
safety improvement' means an improvement that is widely
implemented based on high-risk roadway features that are
correlated with particular crash types, rather than crash
frequency.
``(b) Program.--
``(1) In general.--The Secretary shall carry out a highway
safety improvement program.
``(2) Purpose.--The purpose of the highway safety
improvement program shall be to achieve a significant reduction
in traffic fatalities and serious injuries on all public roads,
including non-State-owned public roads and roads on tribal land.
``(c) Eligibility.--
``(1) In general.--To obligate funds apportioned under
section 104(b)(3) to carry out this section, a State shall have
in effect a State highway safety improvement program under which
the State--
``(A) <<NOTE: Strategic plan.>> develops,
implements, and updates a State strategic highway safety
plan that identifies and analyzes highway safety
problems and opportunities as provided in subsections
(a)(12) and (d);
[[Page 126 STAT. 454]]
``(B) produces a program of projects or strategies
to reduce identified safety problems; and
``(C) <<NOTE: Evaluation.>> evaluates the strategic
highway safety plan on a regularly recurring basis in
accordance with subsection (d)(1) to ensure the accuracy
of the data and priority of proposed strategies.
``(2) Identification and analysis of highway safety problems
and opportunities.--As part of the State highway safety
improvement program, a State shall--
``(A) have in place a safety data system with the
ability to perform safety problem identification and
countermeasure analysis--
``(i) to improve the timeliness, accuracy,
completeness, uniformity, integration, and
accessibility of the safety data on all public
roads, including non-State-owned public roads and
roads on tribal land in the State;
``(ii) to evaluate the effectiveness of data
improvement efforts;
``(iii) to link State data systems, including
traffic records, with other data systems within
the State;
``(iv) to improve the compatibility and
interoperability of safety data with other State
transportation-related data systems and the
compatibility and interoperability of State safety
data systems with data systems of other States and
national data systems;
``(v) to enhance the ability of the Secretary
to observe and analyze national trends in crash
occurrences, rates, outcomes, and circumstances;
and
``(vi) to improve the collection of data on
nonmotorized crashes;
``(B) based on the analysis required by subparagraph
(A)--
``(i) identify hazardous locations, sections,
and elements (including roadside obstacles,
railway-highway crossing needs, and unmarked or
poorly marked roads) that constitute a danger to
motorists (including motorcyclists), bicyclists,
pedestrians, and other highway users;
``(ii) using such criteria as the State
determines to be appropriate, establish the
relative severity of those locations, in terms of
crashes (including crash rates), fatalities,
serious injuries, traffic volume levels, and other
relevant data;
``(iii) identify the number of fatalities and
serious injuries on all public roads by location
in the State;
``(iv) identify highway safety improvement
projects on the basis of crash experience, crash
potential, crash rate, or other data-supported
means; and
``(v) consider which projects maximize
opportunities to advance safety;
``(C) adopt strategic and performance-based goals
that--
``(i) address traffic safety, including
behavioral and infrastructure problems and
opportunities on all public roads;
``(ii) focus resources on areas of greatest
need; and
[[Page 126 STAT. 455]]
``(iii) are coordinated with other State
highway safety programs;
``(D) advance the capabilities of the State for
safety data collection, analysis, and integration in a
manner that--
``(i) complements the State highway safety
program under chapter 4 and the commercial vehicle
safety plan under section 31102 of title 49;
``(ii) includes all public roads, including
public non-State-owned roads and roads on tribal
land;
``(iii) identifies hazardous locations,
sections, and elements on all public roads that
constitute a danger to motorists (including
motorcyclists), bicyclists, pedestrians, persons
with disabilities, and other highway users;
``(iv) includes a means of identifying the
relative severity of hazardous locations described
in clause (iii) in terms of crashes (including
crash rate), serious injuries, fatalities, and
traffic volume levels; and
``(v) improves the ability of the State to
identify the number of fatalities and serious
injuries on all public roads in the State with a
breakdown by functional classification and
ownership in the State;
``(E)(i) determine priorities for the correction of
hazardous road locations, sections, and elements
(including railway-highway crossing improvements), as
identified through safety data analysis;
``(ii) identify opportunities for preventing the
development of such hazardous conditions; and
``(iii) establish and implement a schedule of
highway safety improvement projects for hazard
correction and hazard prevention; and
``(F)(i) <<NOTE: Evaluation.>> establish an
evaluation process to analyze and assess results
achieved by highway safety improvement projects carried
out in accordance with procedures and criteria
established by this section; and
``(ii) use the information obtained under clause (i)
in setting priorities for highway safety improvement
projects.
``(d) Updates to Strategic Highway Safety Plans.--
``(1) Establishment of requirements.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 1 year after the date of enactment of the MAP-21,
the Secretary shall establish requirements for regularly
recurring State updates of strategic highway safety
plans.
``(B) Contents of updated strategic highway safety
plans.--In establishing requirements under this
subsection, the Secretary shall ensure that States take
into consideration, with respect to updated strategic
highway safety plans--
``(i) the findings of road safety audits;
``(ii) the locations of fatalities and serious
injuries;
``(iii) the locations that do not have an
empirical history of fatalities and serious
injuries, but possess risk factors for potential
crashes;
``(iv) rural roads, including all public
roads, commensurate with fatality data;
[[Page 126 STAT. 456]]
``(v) motor vehicle crashes that include
fatalities or serious injuries to pedestrians and
bicyclists;
``(vi) the cost-effectiveness of improvements;
``(vii) improvements to rail-highway grade
crossings; and
``(viii) safety on all public roads, including
non-State-owned public roads and roads on tribal
land.
``(2) Approval of updated strategic highway safety plans.--
``(A) In general.--Each State shall--
``(i) update the strategic highway safety
plans of the State in accordance with the
requirements established by the Secretary under
this subsection; and
``(ii) submit the updated plans to the
Secretary, along with a detailed description of
the process used to update the plan.
``(B) Requirements for approval.--The Secretary
shall not approve the process for an updated strategic
highway safety plan unless--
``(i) the updated strategic highway safety
plan is consistent with the requirements of this
subsection and subsection (a)(12); and
``(ii) the process used is consistent with the
requirements of this subsection.
``(3) Penalty for failure to have an approved updated
strategic highway safety plan.-- <<NOTE: Deadline.>> If a State
does not have an updated strategic highway safety plan with a
process approved by the Secretary by August 1 of the fiscal year
beginning after the date of establishment of the requirements
under paragraph (1), the State shall not be eligible to receive
any additional limitation pursuant to the redistribution of the
limitation on obligations for Federal-aid highway and highway
safety construction programs that occurs after August 1 for each
succeeding fiscal year until the fiscal year during which the
plan is approved.
``(e) Eligible Projects.--
``(1) In general.--Funds apportioned to the State under
section 104(b)(3) may be obligated to carry out--
``(A) any highway safety improvement project on any
public road or publicly owned bicycle or pedestrian
pathway or trail;
``(B) as provided in subsection (g); or
``(C) any project to maintain minimum levels of
retroreflectivity with respect to a public road, without
regard to whether the project is included in an
applicable State strategic highway safety plan.
``(2) Use of other funding for safety.--
``(A) Effect of section.--Nothing in this section
prohibits the use of funds made available under other
provisions of this title for highway safety improvement
projects.
``(B) Use of other funds.--States are encouraged to
address the full scope of the safety needs and
opportunities of the States by using funds made
available under other provisions of this title (except a
provision that specifically prohibits that use).
``(f) Data Improvement.--
[[Page 126 STAT. 457]]
``(1) Definition of data improvement activities.--In this
subsection, the following definitions apply:
``(A) In general.--The term `data improvement
activities' means a project or activity to further the
capacity of a State to make more informed and effective
safety infrastructure investment decisions.
``(B) Inclusions.--The term `data improvement
activities' includes a project or activity--
``(i) to create, update, or enhance a highway
basemap of all public roads in a State;
``(ii) to collect safety data, including data
identified as part of the model inventory for
roadway elements, for creation of or use on a
highway basemap of all public roads in a State;
``(iii) to store and maintain safety data in
an electronic manner;
``(iv) to develop analytical processes for
safety data elements;
``(v) to acquire and implement roadway safety
analysis tools; and
``(vi) to support the collection, maintenance,
and sharing of safety data on all public roads and
related systems associated with the analytical
usage of that data.
``(2) Model inventory of roadway elements.--The Secretary
shall--
``(A) establish a subset of the model inventory of
roadway elements that are useful for the inventory of
roadway safety; and
``(B) ensure that States adopt and use the subset to
improve data collection.
``(g) Special Rules.--
``(1) High-risk rural road safety.--If the fatality rate on
rural roads in a State increases over the most recent 2-year
period for which data are available, that State shall be
required to obligate in the next fiscal year for projects on
high risk rural roads an amount equal to at least 200 percent of
the amount of funds the State received for fiscal year 2009 for
high risk rural roads under subsection (f) of this section, as
in effect on the day before the date of enactment of the MAP-21.
``(2) Older drivers.--If traffic fatalities and serious
injuries per capita for drivers and pedestrians over the age of
65 in a State increases during the most recent 2-year period for
which data are available, that State shall be required to
include, in the subsequent Strategic Highway Safety Plan of the
State, strategies to address the increases in those rates,
taking into account the recommendations included in the
publication of the Federal Highway Administration entitled
`Highway Design Handbook for Older Drivers and Pedestrians'
(FHWA-RD-01-103), and dated May 2001, or as subsequently revised
and updated.
``(h) Reports.--
``(1) In general.--A State shall submit to the Secretary a
report that--
``(A) describes progress being made to implement
highway safety improvement projects under this section;
[[Page 126 STAT. 458]]
``(B) assesses the effectiveness of those
improvements; and
``(C) describes the extent to which the improvements
funded under this section have contributed to reducing--
``(i) the number and rate of fatalities on all
public roads with, to the maximum extent
practicable, a breakdown by functional
classification and ownership in the State;
``(ii) the number and rate of serious injuries
on all public roads with, to the maximum extent
practicable, a breakdown by functional
classification and ownership in the State; and
``(iii) the occurrences of fatalities and
serious injuries at railway-highway crossings.
``(2) Contents; schedule.--The Secretary shall establish the
content and schedule for the submission of the report under
paragraph (1).
``(3) <<NOTE: Public information. Web
posting.>> Transparency.--The Secretary shall make strategic
highway safety plans submitted under subsection (d) and reports
submitted under this subsection available to the public
through--
``(A) the website of the Department; and
``(B) such other means as the Secretary determines
to be appropriate.
``(4) Discovery and admission into evidence of certain
reports, surveys, and information.--Notwithstanding any other
provision of law, reports, surveys, schedules, lists, or data
compiled or collected for any purpose relating to this section,
shall not be subject to discovery or admitted into evidence in a
Federal or State court proceeding or considered for other
purposes in any action for damages arising from any occurrence
at a location identified or addressed in the reports, surveys,
schedules, lists, or other data.
``(i) <<NOTE: Determination. Deadline.>> State Performance
Targets.--If the Secretary determines that a State has not met or made
significant progress toward meeting the performance targets of the State
established under section 150(d) by the date that is 2 years after the
date of the establishment of the performance targets, the State shall--
``(1) use obligation authority equal to the apportionment of
the State for the prior year under section 104(b)(3) only for
highway safety improvement projects under this section until the
Secretary determines that the State has met or made significant
progress toward meeting the performance targets of the State;
and
``(2) <<NOTE: Implementation plan.>> submit annually to the
Secretary, until the Secretary determines that the State has met
or made significant progress toward meeting the performance
targets of the State, an implementation plan that--
``(A) identifies roadway features that constitute a
hazard to road users;
``(B) identifies highway safety improvement projects
on the basis of crash experience, crash potential, or
other data-supported means;
``(C) describes how highway safety improvement
program funds will be allocated, including projects,
activities, and strategies to be implemented;
[[Page 126 STAT. 459]]
``(D) describes how the proposed projects,
activities, and strategies funded under the State
highway safety improvement program will allow the State
to make progress toward achieving the safety performance
targets of the State; and
``(E) describes the actions the State will undertake
to meet the performance targets of the State.
``(j) Federal Share of Highway Safety Improvement Projects.--Except
as provided in sections 120 and 130, the Federal share of the cost of a
highway safety improvement project carried out with funds apportioned to
a State under section 104(b)(3) shall be 90 percent.''.
(b) <<NOTE: 23 USC 148 note.>> Study of High-risk Rural Roads Best
Practices.--
(1) Study.--
(A) In general.--The Secretary shall conduct a study
of the best practices for implementing cost-effective
roadway safety infrastructure improvements on high-risk
rural roads.
(B) Methodology.--In carrying out the study, the
Secretary shall--
(i) conduct a thorough literature review;
(ii) survey current practices of State
departments of transportation; and
(iii) survey current practices of local units
of government, as appropriate.
(C) Consultation.--In carrying out the study, the
Secretary shall consult with--
(i) State departments of transportation;
(ii) county engineers and public works
professionals;
(iii) appropriate local officials; and
(iv) appropriate private sector experts in the
field of roadway safety infrastructure.
(2) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, 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 results of the study.
(B) Contents.--The report shall include--
(i) a summary of cost-effective roadway safety
infrastructure improvements;
(ii) a summary of the latest research on the
financial savings and reduction in fatalities and
serious bodily injury crashes from the
implementation of cost-effective roadway safety
infrastructure improvements; and
(iii) recommendations for State and local
governments on best practice methods to install
cost-effective roadway safety infrastructure on
high-risk rural roads.
(3) Manual.--
(A) Development.--Based on the results of the study
under paragraph (2), the Secretary, in consultation with
the individuals and entities described in paragraph
(1)(C), shall develop a best practices manual to support
Federal, State, and local efforts to reduce fatalities
and serious
[[Page 126 STAT. 460]]
bodily injury crashes on high-risk rural roads through
the use of cost-effective roadway safety infrastructure
improvements.
(B) <<NOTE: Deadline.>> Availability.--The manual
shall be made available to State and local governments
not later than 180 days after the date of submission of
the report under paragraph (2).
(C) Contents.--The manual shall include, at a
minimum, a list of cost-effective roadway safety
infrastructure improvements and best practices on the
installation of cost-effective roadway safety
infrastructure improvements on high-risk rural roads.
(D) Use of manual.--Use of the manual shall be
voluntary and the manual shall not establish any binding
standards or legal duties on State or local governments,
or any other person.
SEC. 1113. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT
PROGRAM.
(a) Eligible Projects.--Section 149(b) of title 23, United States
Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``in subsection (c)'' and inserting
``in subsection (d)''; and
(B) by striking ``section 104(b)(2)'' and inserting
``section 104(b)(4)'';
(2) in paragraph (5)--
(A) by inserting ``add turning lanes,'' after
``improve intersections,''; and
(B) by striking ``paragraph;'' and inserting
``paragraph, including programs or projects to improve
incident and emergency response or improve mobility,
such as through real-time traffic, transit, and
multimodal traveler information;'';
(3) in paragraph (6) by striking ``or'' at the end;
(4) in paragraph (7)(A)(ii) by striking ``published in the
list under subsection (f)(2)'' and inserting ``verified
technologies (as defined in section 791 of the Energy Policy Act
of 2005 (42 U.S.C. 16131))'';
(5) by striking the matter following paragraph (7);
(6) by redesignating paragraph (7) as paragraph (8); and
(7) by inserting after paragraph (6) the following:
``(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,
alternative work hours, and pricing; or''.
(b) Special Rules.--Section 149 of title 23, United States Code, is
amended--
(1) by redesignating subsections (c) through (h) as
subsections (d) through (i) respectively;
(2) by inserting after subsection (b) the following:
``(c) Special Rules.--
``(1) Projects for pm-10 nonattainment areas.--A State may
obligate funds apportioned to the State under section 104(b)(4)
for a project or program for an area that is nonattainment for
ozone or carbon monoxide, or both, and for PM-
[[Page 126 STAT. 461]]
10 resulting from transportation activities, without regard to
any limitation of the Department of Transportation relating to
the type of ambient air quality standard such project or program
addresses.
``(2) Electric vehicle and natural gas vehicle
infrastructure.--A State may obligate funds apportioned under
section 104(b)(4) for a project or program to establish electric
vehicle charging stations or natural gas vehicle refueling
stations for the use of battery powered or natural gas fueled
trucks or other motor vehicles at any location in the State
except that such stations may not be established or supported
where commercial establishments serving motor vehicle users are
prohibited by section 111 of title 23, United States Code.
``(3) HOV facilities.--No funds may be provided under this
section for a project which will result in the construction of
new capacity available to single occupant vehicles unless the
project consists of a high occupancy vehicle facility available
to single occupant vehicles only at other than peak travel
times.'';
(3) by striking subsection (d) (as redesignated by paragraph
(1)) and inserting the following:
``(d) States Flexibility.--
``(1) States without a nonattainment area.--If a State does
not have, and never has had, a nonattainment area designated
under the Clean Air Act (42 U.S.C. 7401 et seq.), the State may
use funds apportioned to the State under section 104(b)(4) for
any project in the State that--
``(A) would otherwise be eligible under subsection
(b) as if the project were carried out in a
nonattainment or maintenance area; or
``(B) is eligible under the surface transportation
program under section 133.
``(2) States with a nonattainment area.--
``(A) In general.--If a State has a nonattainment
area or maintenance area and received funds in fiscal
year 2009 under section 104(b)(2)(D), as in effect on
the day before the date of enactment of the MAP-21,
above the amount of funds that the State would have
received based on the nonattainment and maintenance area
population of the State under subparagraphs (B) and (C)
of section 104(b)(2), as in effect on the day before the
date of enactment of the MAP-21, the State may use for
any project that is eligible under the surface
transportation program under section 133 an amount of
funds apportioned to such State under section 104(b)(4)
that is equal to the product obtained by multiplying--
``(i) the amount apportioned to such State
under section 104(b)(4) (excluding the amount of
funds reserved under paragraph (l)); by
``(ii) the ratio calculated under subparagraph
(B).
``(B) Ratio.--For purposes of this paragraph, the
ratio shall be calculated as the proportion that--
``(i) the amount for fiscal year 2009 such
State was permitted by section 149(c)(2), as in
effect on the day before the date of enactment of
the MAP-21, to obligate in any area of the State
for projects eligible
[[Page 126 STAT. 462]]
under section 133, as in effect on the day before
the date of enactment of the MAP-21t; bears to
``(ii) the total apportionment to such State
for fiscal year 2009 under section 104(b)(2), as
in effect on the day before the date of enactment
of the MAP-21.
``(3) Changes in designation.--If a new nonattainment area
is designated or a previously designated nonattainment area is
redesignated as an attainment area in a State under the Clean
Air Act (42 U.S.C. 7401 et seq.), the Secretary shall modify the
amount such State is permitted to obligate in any area of the
State for projects eligible under section 133.'';
(4) in subsection (f)(3) (as redesignated by paragraph (1))
by striking ``104(b)(2)'' and inserting ``104(b)(4)'';
(5) in subsection (g) (as redesignated by paragraph (1)) by
striking paragraph (3) and inserting the following:
``(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 retrofits.'';
(6) by striking subsection (i) (as redesignated by paragraph
(1)) and inserting the following:
``(i) Evaluation and Assessment of Projects.--
``(1) Database.--
``(A) In general.--Using appropriate assessments of
projects funded under the congestion mitigation and air
quality program and results from other research, the
Secretary shall maintain and disseminate a cumulative
database describing the impacts of the projects,
including specific information about each project, such
as the project name, location, sponsor, cost, and, to
the extent already measured by the project sponsor,
cost-effectiveness, based on reductions in congestion
and emissions.
``(B) <<NOTE: Publication. Public
information.>> Availability.--The database shall be
published or otherwise made readily available by the
Secretary in electronically accessible format and means,
such as the Internet, for public review.
``(2) Cost effectiveness.--
``(A) <<NOTE: Evaluation.>> In general.--The
Secretary, in consultation with the Administrator of the
Environmental Protection Agency, shall evaluate projects
on a periodic basis and develop a table or other similar
medium that illustrates the cost-effectiveness of a
range of project types eligible for funding under this
section as to how the projects mitigate congestion and
improve air quality.
``(B) Contents.--The table described in subparagraph
(A) shall show measures of cost-effectiveness, such as
dollars per ton of emissions reduced, and assess those
measures over a variety of timeframes to capture impacts
on the planning timeframes outlined in section 134.
``(C) Use of table.--States and metropolitan
planning organizations shall consider the information in
the table when selecting projects or developing
performance plans under subsection (l).
``(j) Optional Programmatic Eligibility.--
[[Page 126 STAT. 463]]
``(1) In general.--At the discretion of a metropolitan
planning organization, a technical assessment of a selected
program of projects may be conducted through modeling or other
means to demonstrate the emissions reduction projection required
under this section.
``(2) Applicability.--If an assessment described in
paragraph (1) successfully demonstrates an emissions reduction,
all projects included in such assessment shall be eligible for
obligation under this section without further demonstration of
emissions reduction of individual projects included in such
assessment.
``(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.
``(2) Construction equipment and vehicles.--In order to meet
the requirements of paragraph (1), a State or metropolitan
planning organization may elect to obligate funds to install
diesel emission control technology on nonroad diesel equipment
or on-road diesel equipment that is operated on a highway
construction project within a PM2.5 nonattainment or maintenance
area.
``(l) Performance Plan.--
``(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) includes an area baseline level for traffic
congestion and on-road mobile source emissions for which
the area is in nonattainment or maintenance;
``(B) describes progress made in achieving the
performance targets described in section 150(d); and
``(C) includes a description of projects identified
for funding under this section and how such projects
will contribute to achieving emission and traffic
congestion reduction targets.
``(2) <<NOTE: Deadline. Reports.>> Updated plans.--
Performance plans shall be updated biennially and include a
separate report that assesses the progress of the program of
projects under the previous plan in achieving the air quality
and traffic congestion targets of the previous plan.
``(m) Operating Assistance.--A State may obligate funds apportioned
under section 104(b)(2) 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 that was previously eligible under this
section.''.
(c) Air Quality and Congestion Mitigation Measure Outcomes
Assessment Study.--
(1) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
examine the outcomes of actions funded under the congestion
[[Page 126 STAT. 464]]
mitigation and air quality improvement program since the date of
enactment of the SAFETEA-LU (Public Law 109-59).
(2) Goals.--The goals of the program shall include--
(A) the assessment and documentation, through
outcomes research conducted on a representative sample
of cases, of--
(i) the emission reductions achieved by
federally supported surface transportation actions
intended to reduce emissions or lessen traffic
congestion; and
(ii) the air quality and human health impacts
of those actions, including potential unrecognized
or indirect consequences, attributable to those
actions;
(B) an expanded base of empirical evidence on the
air quality and human health impacts of actions
described in paragraph (1); and
(C) an increase in knowledge of--
(i) the factors determining the air quality
and human health changes associated with
transportation emission reduction actions; and
(ii) other information to more accurately
understand the validity of current estimation and
modeling routines and ways to improve those
routines.
(3) Administrative elements.--To carry out this subsection,
the Secretary shall--
(A) <<NOTE: Grants.>> make a grant for the
coordination, selection, management, and reporting of
component studies to an independent scientific research
organization with the necessary experience in
successfully conducting accountability and other studies
on mobile source air pollutants and associated health
effects;
(B) ensure that case studies are identified and
conducted by teams selected through a competitive
solicitation overseen by an independent committee of
unbiased experts; and
(C) ensure that all findings and reports are peer-
reviewed and published in a form that presents the
findings together with reviewer comments.
(4) Report.--The Secretary shall submit to the Committee on
Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives--
(A) not later than 1 year after the date of
enactment of the MAP-21, and for the following year, a
report providing an initial scoping and plan, and status
updates, respectively, for the program under this
subsection; and
(B) not later than 2 years after the date of
enactment of the MAP-21, a final report that describes
the findings of, and recommendations resulting from, the
program under this subsection.
(5) Funding.--Of the amounts made available to carry out
section 104(a) for fiscal year 2013, the Secretary shall make
available to carry out this subsection not more than $1,000,000.
SEC. 1114. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
(a) In General.--Section 165 of title 23, United States Code, is
amended to read as follows:
[[Page 126 STAT. 465]]
``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) $150,000,000 shall be for the Puerto Rico highway
program under subsection (b); and
``(2) $40,000,000 shall be for the territorial highway
program under subsection (c).
``(b) Puerto Rico Highway Program.--
``(1) In general.--The Secretary shall allocate funds made
available to carry out this subsection to the Commonwealth of
Puerto Rico to carry out a highway program in the Commonwealth.
``(2) Treatment of funds.--Amounts made available to carry
out this subsection for a fiscal year shall be administered as
follows:
``(A) Apportionment.--
``(i) In general.--For the purpose of imposing
any penalty under this title or title 49, the
amounts shall be treated as being apportioned to
Puerto Rico under sections 104(b) and 144 (as in
effect for fiscal year 1997) for each program
funded under those sections in an amount
determined by multiplying--
``(I) the aggregate of the amounts
for the fiscal year; by
``(II) the proportion that--
``(aa) the amount of funds
apportioned to Puerto Rico for
each such program for fiscal
year 1997; bears to
``(bb) the total amount of
funds apportioned to Puerto Rico
for all such programs for fiscal
year 1997.
``(ii) Exception.--Funds identified under
clause (i) as having been apportioned for the
national highway system, the surface
transportation program, and the Interstate
maintenance program shall be deemed to have been
apportioned 50 percent for the national highway
performance program and 50 percent for the surface
transportation program for purposes of imposing
such penalties.
``(B) Penalty.--The amounts treated as being
apportioned to Puerto Rico under each section referred
to in subparagraph (A) shall be deemed to be required to
be apportioned to Puerto Rico under that section for
purposes of the imposition of any penalty under this
title or title 49.
``(C) Eligible uses of funds.--Of amounts allocated
to Puerto Rico for the Puerto Rico Highway Program for a
fiscal year--
``(i) at least 50 percent shall be available
only for purposes eligible under section 119;
``(ii) at least 25 percent shall be available
only for purposes eligible under section 148; and
``(iii) any remaining funds may be obligated
for activities eligible under chapter 1.
``(3) Effect on apportionments.--Except as otherwise
specifically provided, Puerto Rico shall not be eligible to
receive funds apportioned to States under this title.
[[Page 126 STAT. 466]]
``(c) Territorial Highway Program.--
``(1) Territory defined.--In this subsection, the term
`territory' means any of the following territories of the United
States:
``(A) American Samoa.
``(B) The Commonwealth of the Northern Mariana
Islands.
``(C) Guam.
``(D) The United States Virgin Islands.
``(2) Program.--
``(A) In general.--Recognizing the mutual benefits
that will accrue to the territories and the United
States from the improvement of highways in the
territories, the Secretary may carry out a program to
assist each government of a territory in the
construction and improvement of a system of arterial and
collector highways, and necessary inter-island
connectors, that is--
``(i) designated by the Governor or chief
executive officer of each territory; and
``(ii) approved by the Secretary.
``(B) Federal share.--The Federal share of Federal
financial assistance provided to territories under this
subsection shall be in accordance with section 120(g).
``(3) Technical assistance.--
``(A) In general.--To continue a long-range highway
development program, the Secretary may provide technical
assistance to the governments of the territories to
enable the territories, on a continuing basis--
``(i) to engage in highway planning;
``(ii) to conduct environmental evaluations;
``(iii) to administer right-of-way acquisition
and relocation assistance programs; and
``(iv) to design, construct, operate, and
maintain a system of arterial and collector
highways, including necessary inter-island
connectors.
``(B) Form and terms of assistance.--Technical
assistance provided under subparagraph (A), and the
terms for the sharing of information among territories
receiving the technical assistance, shall be included in
the agreement required by paragraph (5).
``(4) Nonapplicability of certain provisions.--
``(A) In general.--Except to the extent that
provisions of this chapter are determined by the
Secretary to be inconsistent with the needs of the
territories and the intent of this subsection, this
chapter (other than provisions of this chapter relating
to the apportionment and allocation of funds) shall
apply to funds made available under this subsection.
``(B) Applicable provisions.--The agreement required
by paragraph (5) for each territory shall identify the
sections of this chapter that are applicable to that
territory and the extent of the applicability of those
sections.
``(5) Agreement.--
``(A) In general.--Except as provided in
subparagraph (D), none of the funds made available under
this subsection shall be available for obligation or
expenditure with respect to any territory until the
chief executive officer of the
[[Page 126 STAT. 467]]
territory has entered into an agreement (including an
agreement entered into under section 215 as in effect on
the day before the enactment of this section) with the
Secretary providing that the government of the territory
shall--
``(i) implement the program in accordance with
applicable provisions of this chapter and
paragraph (4);
``(ii) design and construct a system of
arterial and collector highways, including
necessary inter-island connectors, in accordance
with standards that are--
``(I) appropriate for each
territory; and
``(II) approved by the Secretary;
``(iii) provide for the maintenance of
facilities constructed or operated under this
subsection in a condition to adequately serve the
needs of present and future traffic; and
``(iv) implement standards for traffic
operations and uniform traffic control devices
that are approved by the Secretary.
``(B) Technical assistance.--The agreement required
by subparagraph (A) shall--
``(i) specify the kind of technical assistance
to be provided under the program;
``(ii) include appropriate provisions
regarding information sharing among the
territories; and
``(iii) delineate the oversight role and
responsibilities of the territories and the
Secretary.
``(C) <<NOTE: Deadline.>> Review and revision of
agreement.--The agreement entered into under
subparagraph (A) shall be reevaluated and, as necessary,
revised, at least every 2 years.
``(D) Existing agreements.--With respect to an
agreement under this subsection or an agreement entered
into under section 215 of this title as in effect on the
day before the date of enactment of this subsection--
``(i) the agreement shall continue in force
until replaced by an agreement entered into in
accordance with subparagraph (A); and
``(ii) amounts made available under this
subsection under the existing agreement shall be
available for obligation or expenditure so long as
the agreement, or the existing agreement entered
into under subparagraph (A), is in effect.
``(6) Eligible uses of funds.--
``(A) In general.--Funds made available under this
subsection may be used only for the following projects
and activities carried out in a territory:
``(i) Eligible surface transportation program
projects described in section 133(b).
``(ii) Cost-effective, preventive maintenance
consistent with section 116(e).
``(iii) Ferry boats, terminal facilities, and
approaches, in accordance with subsections (b) and
(c) of section 129.
[[Page 126 STAT. 468]]
``(iv) Engineering and economic surveys and
investigations for the planning, and the
financing, of future highway programs.
``(v) Studies of the economy, safety, and
convenience of highway use.
``(vi) The regulation and equitable taxation
of highway use.
``(vii) Such research and development as are
necessary in connection with the planning, design,
and maintenance of the highway system.
``(B) Prohibition on use of funds for routine
maintenance.--None of the funds made available under
this subsection shall be obligated or expended for
routine maintenance.
``(7) Location of projects.--Territorial highway program
projects (other than those described in paragraphs (2), (4),
(7), (8), (14), and (19) of section 133(b)) may not be
undertaken on roads functionally classified as local.''.
(b) Conforming Amendments.--
(1) Technical and conforming amendment.--The analysis for
chapter 1 of title 23, United States Code, is amended by
striking the item relating to section 165 and inserting the
following:
``165. Territorial and Puerto Rico highway program.''.
(2) Territorial highway program.--
(A) Repeal.--Section 215 of title 23, United States
Code, is repealed.
(B) Technical and conforming amendment.--The
analysis for chapter 2 of title 23, United States Code,
is amended by striking the item relating to section 215.
(C) Duncan hunter national defense authorization act
for fiscal year 2009.--Section 3512(e) of the Duncan
Hunter National Defense Authorization Act for Fiscal
Year 2009 (48 U.S.C. 1421r(e)) is amended by striking
``section 215'' and inserting ``section 165''.
SEC. 1115. NATIONAL FREIGHT POLICY.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 167. National freight policy
``(a) In General.--It is the policy of the United States to improve
the condition and performance of the national freight network to ensure
that the national freight network provides the foundation for the United
States to compete in the global economy and achieve each goal described
in subsection (b).
``(b) Goals.--The goals of the national freight policy are--
``(1) to invest in infrastructure improvements and to
implement operational improvements that--
``(A) strengthen the contribution of the national
freight network to the economic competitiveness of the
United States;
``(B) reduce congestion; and
``(C) increase productivity, particularly for
domestic industries and businesses that create high-
value jobs;
[[Page 126 STAT. 469]]
``(2) to improve the safety, security, and resilience of
freight transportation;
``(3) to improve the state of good repair of the national
freight network;
``(4) to use advanced technology to improve the safety and
efficiency of the national freight network;
``(5) to incorporate concepts of performance, innovation,
competition, and accountability into the operation and
maintenance of the national freight network; and
``(6) to improve the economic efficiency of the national
freight network.
``(7) to reduce the environmental impacts of freight
movement on the national freight network;
``(c) Establishment of a National Freight Network.--
``(1) In general.--The Secretary shall establish a national
freight network in accordance with this section to assist States
in strategically directing resources toward improved system
performance for efficient movement of freight on highways,
including national highway system, freight intermodal connectors
and aerotropolis transportation systems.
``(2) Network components.--The national freight network
shall consist of--
``(A) the primary freight network, as designated by
the Secretary under subsection (d) (referred to in this
section as the `primary freight network') as most
critical to the movement of freight;
``(B) the portions of the Interstate System not
designated as part of the primary freight network; and
``(C) critical rural freight corridors established
under subsection (e).
``(d) Designation of Primary Freight Network.--
``(1) Initial designation of primary freight network.--
``(A) <<NOTE: Deadline.>> Designation.--Not later
than 1 year after the date of enactment of this section,
the Secretary shall designate a primary freight
network--
``(i) based on an inventory of national
freight volume conducted by the Administrator of
the Federal Highway Administration, in
consultation with stakeholders, including system
users, transport providers, and States; and
``(ii) that shall be comprised of not more
than 27,000 centerline miles of existing roadways
that are most critical to the movement of freight.
``(B) Factors for designation.--In designating the
primary freight network, the Secretary shall consider--
``(i) the origins and destinations of freight
movement in the United States;
``(ii) the total freight tonnage and value of
freight moved by highways;
``(iii) the percentage of annual average daily
truck traffic in the annual average daily traffic
on principal arterials;
``(iv) the annual average daily truck traffic
on principal arterials;
``(v) land and maritime ports of entry;
``(vi) access to energy exploration,
development, installation, or production areas;
[[Page 126 STAT. 470]]
``(vii) population centers; and
``(viii) network connectivity.
``(2) Additional miles on primary freight network.--In
addition to the miles initially designated under paragraph (1),
the Secretary may increase the number of miles designated as
part of the primary freight network by not more than 3,000
additional centerline miles of roadways (which may include
existing or planned roads) critical to future efficient movement
of goods on the primary freight network.
``(3) <<NOTE: Effective date. Deadline.>> Redesignation of
primary freight network.--Effective beginning 10 years after the
designation of the primary freight network and every 10 years
thereafter, using the designation factors described in paragraph
(1), the Secretary shall redesignate the primary freight network
(including additional mileage described in paragraph (2)).
``(e) Critical Rural Freight Corridors.--A State may designate a
road within the borders of the State as a critical rural freight
corridor if the road--
``(1) is a rural principal arterial roadway and has a
minimum of 25 percent of the annual average daily traffic of the
road measured in passenger vehicle equivalent units from trucks
(FHWA vehicle class 8 to 13);
``(2) provides access to energy exploration, development,
installation, or production areas;
``(3) connects the primary freight network, a roadway
described in paragraph (1) or (2), or Interstate System to
facilities that handle more than--
``(A) 50,000 20-foot equivalent units per year; or
``(B) 500,000 tons per year of bulk commodities.
``(f) National Freight Strategic Plan.--
``(1) Initial development of national freight strategic
plan.-- <<NOTE: Deadline.>> Not later than 3 years after the
date of enactment of this section, the Secretary shall, in
consultation with State departments of transportation and other
appropriate public and private transportation stakeholders,
develop and post on the Department of Transportation public
website a national freight strategic plan that shall include--
``(A) an assessment of the condition and performance
of the national freight network;
``(B) an identification of highway bottlenecks on
the national freight network that create significant
freight congestion problems, based on a quantitative
methodology developed by the Secretary, which shall, at
a minimum, include--
``(i) information from the Freight Analysis
Network of the Federal Highway Administration; and
``(ii) to the maximum extent practicable, an
estimate of the cost of addressing each bottleneck
and any operational improvements that could be
implemented;
``(C) forecasts of freight volumes for the 20-year
period beginning in the year during which the plan is
issued;
``(D) an identification of major trade gateways and
national freight corridors that connect major population
centers, trade gateways, and other major freight
generators for current and forecasted traffic and
freight volumes, the
[[Page 126 STAT. 471]]
identification of which shall be revised, as
appropriate, in subsequent plans;
``(E) an assessment of statutory, regulatory,
technological, institutional, financial, and other
barriers to improved freight transportation performance
(including opportunities for overcoming the barriers);
``(F) an identification of routes providing access
to energy exploration, development, installation, or
production areas;
``(G) best practices for improving the performance
of the national freight network;
``(H) best practices to mitigate the impacts of
freight movement on communities;
``(I) a process for addressing multistate projects
and encouraging jurisdictions to collaborate; and
``(J) strategies to improve freight intermodal
connectivity.
``(2) Updates to national freight strategic plan.--Not later
than 5 years after the date of completion of the first national
freight strategic plan under paragraph (1), and every 5 years
thereafter, the Secretary shall update and repost on the
Department of Transportation public website a revised national
freight strategic plan.
``(g) <<NOTE: Web posting.>> Freight Transportation Conditions and
Performance Reports.--Not later than 2 years after the date of enactment
of this section, and biennially thereafter, the Secretary shall prepare
a report that contains a description of the conditions and performance
of the national freight network in the United States.
``(h) Transportation Investment Data and Planning Tools.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 1 year
after the date of enactment of this section, the Secretary
shall--
``(A) begin development of new tools and improvement
of existing tools or improve existing tools to support
an outcome-oriented, performance-based approach to
evaluate proposed freight-related and other
transportation projects, including--
``(i) methodologies for systematic analysis of
benefits and costs;
``(ii) tools for ensuring that the evaluation
of freight-related and other transportation
projects could consider safety, economic
competitiveness, environmental sustainability, and
system condition in the project selection process;
and
``(iii) other elements to assist in effective
transportation planning;
``(B) identify transportation-related model data
elements to support a broad range of evaluation methods
and techniques to assist in making transportation
investment decisions; and
``(C) at a minimum, in consultation with other
relevant Federal agencies, consider any improvements to
existing freight flow data collection efforts that could
reduce identified freight data gaps and deficiencies and
help improve forecasts of freight transportation demand.
[[Page 126 STAT. 472]]
``(2) Consultation.--The Secretary shall consult with
Federal, State, and other stakeholders to develop, improve, and
implement the tools and collect the data in paragraph (1).
``(i) Definition of Aerotropolis Transportation System.--In this
section, the term `aerotropolis transportation system' means a planned
and coordinated multimodal freight and passenger transportation network
that, as determined by the Secretary, provides efficient, cost-
effective, sustainable, and intermodal connectivity to a defined region
of economic significance centered around a major airport.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``167. National freight program.''.
SEC. 1116. <<NOTE: 23 USC 167 note.>> PRIORITIZATION OF PROJECTS
TO IMPROVE FREIGHT MOVEMENT.
(a) <<NOTE: Certification.>> In General.--Notwithstanding section
120 of title 23, United States Code, the Secretary may increase the
Federal share payable for any project to 95 percent for projects on the
Interstate System and 90 percent for any other project if the Secretary
certifies that the project meets the requirements of this section.
(b) Increased Funding.--To be eligible for the increased Federal
funding share under this section, a project shall--
(1) demonstrate the improvement made by the project to the
efficient movement of freight, including making progress towards
meeting performance targets for freight movement established
under section 150(d) of title 23, United States Code; and
(2) be identified in a State freight plan developed pursuant
to section 1118.
(c) Eligible Projects.--Eligible projects to improve the movement of
freight under this section may include, but are not limited to--
(1) construction, reconstruction, rehabilitation, and
operational improvements directly relating to improving freight
movement;
(2) intelligent transportation systems and other technology
to improve the flow of freight;
(3) efforts to reduce the environmental impacts of freight
movement on the primary freight network;
(4) railway-highway grade separation;
(5) geometric improvements to interchanges and ramps.
(6) truck-only lanes;
(7) climbing and runaway truck lanes;
(8) truck parking facilities eligible for funding under
section 1401;
(9) real-time traffic, truck parking, roadway condition, and
multimodal transportation information systems;
(10) improvements to freight intermodal connectors; and
(11) improvements to truck bottlenecks.
SEC. 1117. <<NOTE: 23 USC 167 note.>> STATE FREIGHT ADVISORY
COMMITTEES.
(a) In General.--The Secretary 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, shippers, carriers, freight-related
[[Page 126 STAT. 473]]
associations, the freight industry workforce, the transportation
department of the State, and local governments.
(b) 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 1118.
SEC. 1118. <<NOTE: 23 USC 167 note.>> STATE FREIGHT PLANS.
(a) In General.--The Secretary shall encourage each State to develop
a freight plan that provides a comprehensive plan for the immediate and
long-range planning activities and investments of the State with respect
to freight.
(b) Plan Contents.--A freight plan described in subsection (a) shall
include, at a minimum--
(1) an identification of significant freight system trends,
needs, and issues with respect to the State;
(2) a description of the freight policies, strategies, and
performance measures that will guide the freight-related
transportation investment decisions of the State;
(3) a description of how the plan will improve the ability
of the State to meet the national freight goals established
under section 167 of title 23, United States Code;
(4) evidence of consideration of innovative technologies and
operational strategies, including intelligent transportation
systems, that improve the safety and efficiency of freight
movement;
(5) in the case of routes on which travel by heavy vehicles
(including mining, agricultural, energy cargo or equipment, and
timber vehicles) is projected to substantially deteriorate the
condition of roadways, a description of improvements that may be
required to reduce or impede the deterioration; and
(6) an inventory of facilities with freight mobility issues,
such as truck bottlenecks, within the State, and a description
of the strategies the State is employing to address those
freight mobility issues.
(c) Relationship to Long-range Plan.--A freight plan described in
subsection (a) may be developed separate from or incorporated into the
statewide strategic long-range transportation plan required by section
135 of title 23, United States Code.
SEC. 1119. FEDERAL LANDS AND TRIBAL TRANSPORTATION PROGRAMS.
(a) In General.--Chapter 2 of title 23, United States Code, is
amended by striking sections 201 through 204 and inserting the
following:
``Sec. 201. Federal lands and tribal transportation programs
``(a) <<NOTE: Coordination.>> 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
[[Page 126 STAT. 474]]
other public transportation facilities, the Secretary of Transportation,
in collaboration with the Secretaries of the appropriate Federal land
management agencies, shall coordinate a uniform policy for all public
Federal and tribal transportation facilities that shall apply to Federal
lands transportation facilities, tribal transportation facilities, and
Federal lands access transportation facilities.
``(b) Availability of Funds.--
``(1) Availability.--Funds authorized for the tribal
transportation program, the Federal lands transportation
program, and the Federal lands access program shall be available
for contract upon apportionment, or on October 1 of the fiscal
year for which the funds were authorized if no apportionment is
required.
``(2) Amount remaining.--Any amount remaining unexpended for
a period of 3 years after the close of the fiscal year for which
the funds were authorized shall lapse.
``(3) Obligations.--The Secretary of the department
responsible for the administration of funds under this
subsection may incur obligations, approve projects, and enter
into contracts under such authorizations, which shall be
considered to be contractual obligations of the United States
for the payment of the cost thereof, the funds of which shall be
considered to have been expended when obligated.
``(4) Expenditure.--
``(A) In general.--Any funds authorized for any
fiscal year after the date of enactment of this section
under the Federal lands transportation program, the
Federal lands access program, and the tribal
transportation program shall be considered to have been
expended if a sum equal to the total of the sums
authorized for the fiscal year and previous fiscal years
have been obligated.
``(B) Credited funds.--Any funds described in
subparagraph (A) that are released by payment of final
voucher or modification of project authorizations shall
be--
``(i) credited to the balance of unobligated
authorizations; and
``(ii) immediately available for expenditure.
``(5) Applicability.--This section shall not apply to funds
authorized before the date of enactment of this paragraph.
``(6) Contractual obligation.--
``(A) In general.--Notwithstanding any other
provision of law (including regulations), the
authorization by the Secretary, or the Secretary of the
appropriate Federal land management agency if the agency
is the contracting office, of engineering and related
work for the development, design, and acquisition
associated with a construction project, whether
performed by contract or agreement authorized by law, or
the approval by the Secretary of plans, specifications,
and estimates for construction of a project, shall be
considered to constitute a contractual obligation of the
Federal Government to pay the total eligible cost of--
``(i) any project funded under this title; and
``(ii) any project funded pursuant to
agreements authorized by this title or any other
title.
``(B) Effect.--Nothing in this paragraph--
[[Page 126 STAT. 475]]
``(i) affects the application of the Federal
share associated with the project being undertaken
under this section; or
``(ii) modifies the point of obligation
associated with Federal salaries and expenses.
``(7) Federal share.--
``(A) Tribal and federal lands transportation
program.--The Federal share of the cost of a project
carried out under the Federal lands transportation
program or the tribal transportation program shall be
100 percent.
``(B) Federal lands access program.--The Federal
share of the cost of a project carried out under the
Federal lands access program shall be determined in
accordance with section 120.
``(c) Transportation Planning.--
``(1) Transportation planning procedures.--In consultation
with the Secretary of each appropriate Federal land management
agency, the Secretary shall implement transportation planning
procedures for Federal lands and tribal transportation
facilities that are consistent with the planning processes
required under sections 134 and 135.
``(2) Approval of transportation improvement program.--The
transportation improvement program developed as a part of the
transportation planning process under this section shall be
approved by the Secretary.
``(3) Inclusion in other plans.--Each regionally significant
tribal transportation program, Federal lands transportation
program, and Federal lands access program project shall be--
``(A) developed in cooperation with State and
metropolitan planning organizations; and
``(B) included in appropriate tribal transportation
program plans, Federal lands transportation program
plans, Federal lands access program plans, State and
metropolitan plans, and transportation improvement
programs.
``(4) Inclusion in state programs.--The approved tribal
transportation program, Federal lands transportation program,
and Federal lands access program transportation improvement
programs shall be included in appropriate State and metropolitan
planning organization plans and programs without further action
on the transportation improvement program.
``(5) Asset management.--The Secretary and the Secretary of
each appropriate Federal land management agency shall, to the
extent appropriate, implement safety, bridge, pavement, and
congestion management systems for facilities funded under the
tribal transportation program and the Federal lands
transportation program in support of asset management.
``(6) Data collection.--
``(A) Data collection.--The Secretaries of the
appropriate Federal land management agencies shall
collect and report data necessary to implement the
Federal lands transportation program, the Federal lands
access program, and the tribal transportation program in
accordance with the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.),
including--
[[Page 126 STAT. 476]]
``(i) inventory and condition information on
Federal lands transportation facilities and tribal
transportation facilities; and
``(ii) bridge inspection and inventory
information on any Federal bridge open to the
public.
``(B) Standards.--The Secretary, in coordination
with the Secretaries of the appropriate Federal land
management agencies, shall define the collection and
reporting data standards.
``(7) Administrative expenses.--To implement the activities
described in this subsection, including direct support of
transportation planning activities among Federal land management
agencies, the Secretary may use not more than 5 percent for each
fiscal year of the funds authorized for programs under sections
203 and 204.
``(d) Reimbursable Agreements.--In carrying out work under
reimbursable agreements with any State, local, or tribal government
under this title, the Secretary--
``(1) may, without regard to any other provision of law
(including regulations), record obligations against accounts
receivable from the entity; and
``(2) shall credit amounts received from the entity to the
appropriate account, which shall occur not later than 90 days
after the date of the original request by the Secretary for
payment.
``(e) Transfers.--
``(1) In general.--To enable the efficient use of funds made
available for the Federal lands transportation program and the
Federal lands access program, the funds may be transferred by
the Secretary within and between each program with the
concurrence of, as appropriate--
``(A) the Secretary;
``(B) the affected Secretaries of the respective
Federal land management agencies;
``(C) State departments of transportation; and
``(D) local government agencies.
``(2) Credit.--The funds described in paragraph (1) shall be
credited back to the loaning entity with funds that are
currently available for obligation at the time of the credit.
``Sec. 202. Tribal transportation program
``(a) Use of Funds.--
``(1) In general.--Funds made available under the tribal
transportation program shall be used by the Secretary of
Transportation and the Secretary of the Interior to pay the
costs of--
``(A)(i) transportation planning, research,
maintenance, engineering, rehabilitation, restoration,
construction, and reconstruction of tribal
transportation facilities;
``(ii) adjacent vehicular parking areas;
``(iii) interpretive signage;
``(iv) acquisition of necessary scenic easements and
scenic or historic sites;
``(v) provisions for pedestrians and bicycles;
``(vi) environmental mitigation in or adjacent to
tribal land--
[[Page 126 STAT. 477]]
``(I) to improve public safety and reduce
vehicle-caused wildlife mortality while
maintaining habitat connectivity; and
``(II) to mitigate the damage to wildlife,
aquatic organism passage, habitat, and ecosystem
connectivity, including the costs of constructing,
maintaining, replacing, or removing culverts and
bridges, as appropriate;
``(vii) construction and reconstruction of roadside
rest areas, including sanitary and water facilities; and
``(viii) other appropriate public road facilities as
determined by the Secretary;
``(B) operation and maintenance of transit programs
and facilities that are located on, or provide access
to, tribal land, or are administered by a tribal
government; and
``(C) any transportation project eligible for
assistance under this title that is located within, or
that provides access to, tribal land, or is associated
with a tribal government.
``(2) Contract.--In connection with an activity described in
paragraph (1), the Secretary and the Secretary of the Interior
may enter into a contract or other appropriate agreement with
respect to the activity with--
``(A) a State (including a political subdivision of
a State); or
``(B) an Indian tribe.
``(3) Indian labor.--Indian labor may be employed, in
accordance with such rules and regulations as may be promulgated
by the Secretary of the Interior, to carry out any construction
or other activity described in paragraph (1).
``(4) Federal employment.--No maximum limitation on Federal
employment shall be applicable to the construction or
improvement of tribal transportation facilities.
``(5) Funds for construction and improvement.--All funds
made available for the construction and improvement of tribal
transportation facilities shall be administered in conformity
with regulations and agreements jointly approved by the
Secretary and the Secretary of the Interior.
``(6) Administrative expenses.--Of the funds authorized to
be appropriated for the tribal transportation program, not more
than 6 percent may be used by the Secretary or the Secretary of
the Interior for program management and oversight and project-
related administrative expenses.
``(7) Tribal technical assistance centers.--The Secretary of
the Interior may reserve amounts from administrative funds of
the Bureau of Indian Affairs that are associated with the tribal
transportation program to fund tribal technical assistance
centers under section 504(b).
``(8) Maintenance.--
``(A) Use of funds.--Notwithstanding any other
provision of this title, of the amount of funds
allocated to an Indian tribe from the tribal
transportation program, for the purpose of maintenance
(excluding road sealing, which shall not be subject to
any limitation), the Secretary shall not use an amount
more than the greater of--
``(i) an amount equal to 25 percent; or
[[Page 126 STAT. 478]]
``(ii) $500,000.
``(B) Responsibility of bureau of indian affairs and
secretary of the interior.--
``(i) Bureau of indian affairs.--The Bureau of
Indian Affairs shall retain primary
responsibility, including annual funding request
responsibility, for Bureau of Indian Affairs road
maintenance programs on Indian reservations.
``(ii) Secretary of the interior.--The
Secretary of the Interior shall ensure that
funding made available under this subsection for
maintenance of tribal transportation facilities
for each fiscal year is supplementary to, and not
in lieu of, any obligation of funds by the Bureau
of Indian Affairs for road maintenance programs on
Indian reservations.
``(C) Tribal-state road maintenance agreements.--
``(i) In general.--An Indian tribe and a State
may enter into a road maintenance agreement under
which an Indian tribe shall assume the
responsibility of the State for--
``(I) tribal transportation
facilities; and
``(II) roads providing access to
tribal transportation facilities.
``(ii) Requirements.--Agreements entered into
under clause (i) shall--
``(I) be negotiated between the
State and the Indian tribe; and
``(II) not require the approval of
the Secretary.
``(9) Cooperation.--
``(A) In general.--The cooperation of States,
counties, or other local subdivisions may be accepted in
construction and improvement.
``(B) Funds received.--Any funds received from a
State, county, or local subdivision shall be credited to
appropriations available for the tribal transportation
program.
``(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)) 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.--
[[Page 126 STAT. 479]]
``(A) In general.--The Secretary of the Interior, in
cooperation with the Secretary, shall maintain a
comprehensive national inventory of tribal
transportation facilities that are eligible for
assistance under the tribal transportation program.
``(B) Transportation facilities included in the
inventory.--For purposes of identifying the tribal
transportation system and determining the relative
transportation needs among Indian tribes, the Secretary
shall include, at a minimum, transportation facilities
that are eligible for assistance under the tribal
transportation program that an Indian tribe has
requested, including facilities that--
``(i) were included in the Bureau of Indian
Affairs system inventory prior to October 1, 2004;
``(ii) are owned by an Indian tribal
government;
``(iii) are owned by the Bureau of Indian
Affairs;
``(iv) were constructed or reconstructed with
funds from the Highway Trust Fund under the Indian
reservation roads program since 1983;
``(v) are public roads or bridges within the
exterior boundary of Indian reservations, Alaska
Native villages, and other recognized Indian
communities (including communities in former
Indian reservations in the State of Oklahoma) in
which the majority of residents are American
Indians or Alaska Natives;
``(vi) are public roads within or providing
access to an Indian reservation or Indian trust
land or restricted Indian land that is not subject
to fee title alienation without the approval of
the Federal Government, or Indian or Alaska Native
villages, groups, or communities in which Indians
and Alaska Natives reside, whom the Secretary of
the Interior has determined are eligible for
services generally available to Indians under
Federal laws specifically applicable to Indians;
or
``(vii) are primary access routes proposed by
tribal governments, including roads between
villages, roads to landfills, roads to drinking
water sources, roads to natural resources
identified for economic development, and roads
that provide access to intermodal terminals, such
as airports, harbors, or boat landings.
``(C) Limitation on primary access routes.--For
purposes of this paragraph, a proposed primary access
route is the shortest practicable route connecting 2
points of the proposed route.
``(D) Additional facilities.--Nothing in this
paragraph precludes the Secretary from including
additional transportation facilities that are eligible
for funding under the tribal transportation program in
the inventory used for the national funding allocation
if such additional facilities are included in the
inventory in a uniform and consistent manner nationally.
``(E) Bridges.--All bridges in the inventory shall
be recorded in the national bridge inventory
administered by the Secretary under section 144.
[[Page 126 STAT. 480]]
``(2) Regulations.--Notwithstanding sections 563(a) and
565(a) of title 5, the Secretary of the Interior shall maintain
any regulations governing the tribal transportation program.
``(3) Basis for funding formula.--
``(A) Basis.--
``(i) In general.--After making the set asides
authorized under subparagraph (C) and subsections
(c), (d), and (e) on October 1 of each fiscal
year, the Secretary shall distribute the remainder
authorized to be appropriated for the tribal
transportation program under this section among
Indian tribes as follows:
``(I) For fiscal year 2013--
``(aa) for each Indian
tribe, 80 percent of the total
relative need distribution
factor and population adjustment
factor for the fiscal year 2011
funding amount made available to
that Indian tribe; and
``(bb) the remainder using
tribal shares as described in
subparagraphs (B) and (C).
``(II) For fiscal year 2014--
``(aa) for each Indian
tribe, 60 percent of the total
relative need distribution
factor and population adjustment
factor for the fiscal year 2011
funding amount made available to
that Indian tribe; and
``(bb) the remainder using
tribal shares as described in
subparagraphs (B) and (C).
``(III) For fiscal year 2015--
``(aa) for each Indian
tribe, 40 percent of the total
relative need distribution
factor and population adjustment
factor for the fiscal year 2011
funding amount made available to
that Indian tribe; and
``(bb) the remainder using
tribal shares as described in
subparagraphs (B) and (C).
``(IV) For fiscal year 2016 and
thereafter--
``(aa) for each Indian
tribe, 20 percent of the total
relative need distribution
factor and population adjustment
factor for the fiscal year 2011
funding amount made available to
that Indian tribe; and
``(bb) the remainder using
tribal shares as described in
subparagraphs (B) and (C).
``(ii) Tribal high priority projects.--The
High Priority Projects program as included in the
Tribal Transportation Allocation Methodology of
part 170 of title 25, Code of Federal Regulations
(as in effect on the date of enactment of the MAP-
21), shall not continue in effect.
``(B) Tribal shares.--Tribal shares under this
program shall be determined using the national tribal
transportation facility inventory as calculated for
fiscal year 2012, and the most recent data on American
Indian and Alaska Native population within each Indian
tribe's American Indian/Alaska Native Reservation or
Statistical Area, as computed under the Native American
Housing Assistance
[[Page 126 STAT. 481]]
and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.), in the following manner:
``(i) 27 percent in the ratio that the total
eligible road mileage in each tribe bears to the
total eligible road mileage of all American
Indians and Alaskan Natives. For the purposes of
this calculation, eligible road mileage shall be
computed based on the inventory described in
paragraph (1), using only facilities included in
the inventory described in clause (i), (ii), or
(iii) of paragraph (1)(B).
``(ii) 39 percent in the ratio that the total
population in each tribe bears to the total
population of all American Indians and Alaskan
Natives.
``(iii) 34 percent shall be divided equally
among each Bureau of Indian Affairs region. Within
each region, such share of funds shall be
distributed to each Indian tribe in the ratio that
the average total relative need distribution
factors and population adjustment factors from
fiscal years 2005 through 2011 for a tribe bears
to the average total of relative need distribution
factors and population adjustment factors for
fiscal years 2005 through 2011 in that region.
``(C) Tribal supplemental funding.--
``(i) Tribal supplemental funding amount.--Of
funds made available for each fiscal year for the
tribal transportation program, the Secretary shall
set aside the following amount for a tribal
supplemental program:
``(I) If the amount made available
for the tribal transportation program is
less than or equal to $275,000,000, 30
percent of such amount.
``(II) If the amount made available
for the tribal transportation program
exceeds $275,000,000--
``(aa) $82,500,000; plus
``(bb) 12.5 percent of the
amount made available for the
tribal transportation program in
excess of $275,000,000.
``(ii) Tribal supplemental allocation.--The
Secretary shall distribute tribal supplemental
funds as follows:
``(I) Distribution among regions.--
Of the amounts set aside under clause
(i), the Secretary shall distribute to
each region of the Bureau of Indian
Affairs a share of tribal supplemental
funds in proportion to the regional
total of tribal shares based on the
cumulative tribal shares of all Indian
tribes within such region under
subparagraph (B).
``(II) Distribution within a
region.--Of the amount that a region
receives under subclause (I), the
Secretary shall distribute tribal
supplemental funding among Indian tribes
within such region as follows:
``(aa) Tribal supplemental
amounts.--The Secretary shall
determine--
<<NOTE: Determination.>>
``(AA) which such Indian
tribes would be entitled
under subparagraph (A) to
[[Page 126 STAT. 482]]
receive in a fiscal year
less funding than they would
receive in fiscal year 2011
pursuant to the relative
need distribution factor and
population adjustment
factor, as described in
subpart C of part 170 of
title 25, Code of Federal
Regulations (as in effect on
the date of enactment of the
MAP-21); and
``(BB) the combined
amount that such Indian
tribes would be entitled to
receive in fiscal year 2011
pursuant to such relative
need distribution factor and
population adjustment factor
in excess of the amount that
they would be entitled to
receive in the fiscal year
under subparagraph (B).
``(bb) Combined amount.--
Subject to subclause (III), the
Secretary shall distribute to
each Indian tribe that meets the
criteria described in item
(aa)(AA) a share of funding
under this subparagraph in
proportion to the share of the
combined amount determined under
item (aa)(BB) attributable to
such Indian tribe.
``(III) Ceiling.--An Indian tribe
may not receive under subclause (II) and
based on its tribal share under
subparagraph (A) a combined amount that
exceeds the amount that such Indian
tribe would be entitled to receive in
fiscal year 2011 pursuant to the
relative need distribution factor and
population adjustment factor, as
described in subpart C of part 170 of
title 25, Code of Federal Regulations
(as in effect on the date of enactment
of the MAP-21).
``(IV) Other amounts.--If the amount
made available for a region under
subclause (I) exceeds the amount
distributed among Indian tribes within
that region under subclause (II), the
Secretary shall distribute the remainder
of such region's funding under such
subclause among all Indian tribes in
that region in proportion to the
combined amount that each such Indian
tribe received under subparagraph (A)
and subclauses (I), (II), and (III).]
``(4) Transferred funds.--
``(A) <<NOTE: Deadline.>> 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.
[[Page 126 STAT. 483]]
``(5) Health and safety assurances.--Notwithstanding any
other provision of law, an Indian tribal government may approve
plans, specifications, and estimates and commence road and
bridge construction with funds made available from the tribal
transportation program through a contract or agreement under
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.), if the Indian tribal government--
``(A) provides assurances in the contract or
agreement that the construction will meet or exceed
applicable health and safety standards;
``(B) obtains the advance review of the plans and
specifications from a State-licensed civil engineer that
has certified that the plans and specifications meet or
exceed the applicable health and safety standards; and
``(C) provides a copy of the certification under
subparagraph (A) to the Deputy Assistant Secretary for
Tribal Government Affairs, Department of Transportation,
or the Assistant Secretary for Indian Affairs,
Department of the Interior, as appropriate.
``(6) Contracts and agreements with indian tribes.--
``(A) In general.--Notwithstanding any other
provision of law or any interagency agreement, program
guideline, manual, or policy directive, all funds made
available through the Secretary of the Interior under
this chapter and section 125(e) for tribal
transportation facilities to pay for the costs of
programs, services, functions, and activities, or
portions of programs, services, functions, or
activities, that are specifically or functionally
related to the cost of planning, research, engineering,
and construction of any tribal transportation facility
shall be made available, upon request of the Indian
tribal government, to the Indian tribal government for
contracts and agreements for such planning, research,
engineering, and construction in accordance with Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
``(B) Exclusion of agency participation.--All funds,
including contract support costs, for programs,
functions, services, or activities, or portions of
programs, services, functions, or activities, including
supportive administrative functions that are otherwise
contractible to which subparagraph (A) applies, shall be
paid in accordance with subparagraph (A), without regard
to the organizational level at which the Department of
the Interior has previously carried out such programs,
functions, services, or activities.
``(7) Contracts and agreements with indian tribes.--
``(A) In general.--Notwithstanding any other
provision of law or any interagency agreement, program
guideline, manual, or policy directive, all funds made
available to an Indian tribal government under this
chapter for a tribal transportation facility program or
project shall be made available, on the request of the
Indian tribal government, to the Indian tribal
government for use in carrying out, in accordance with
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.), contracts and agreements
for the planning, research, design, engineering,
construction, and maintenance relating to the program or
project.
[[Page 126 STAT. 484]]
``(B) Exclusion of agency participation.--In
accordance with subparagraph (A), all funds, including
contract support costs, for a program or project to
which subparagraph (A) applies shall be paid to the
Indian tribal government without regard to the
organizational level at which the Department of the
Interior has previously carried out, or the Department
of Transportation has previously carried out under the
tribal transportation program, the programs, functions,
services, or activities involved.
``(C) Consortia.--Two or more Indian tribes that are
otherwise eligible to participate in a program or
project to which this chapter applies may form a
consortium to be considered as a single Indian tribe for
the purpose of participating in the project under this
section.
``(D) Secretary as signatory.--Notwithstanding any
other provision of law, the Secretary is authorized to
enter into a funding agreement with an Indian tribal
government to carry out a tribal transportation facility
program or project under subparagraph (A) that is
located on an Indian reservation or provides access to
the reservation or a community of the Indian tribe.
``(E) Funding.--The amount an Indian tribal
government receives for a program or project under
subparagraph (A) shall equal the sum of the funding that
the Indian tribal government would otherwise receive for
the program or project in accordance with the funding
formula established under this subsection and such
additional amounts as the Secretary determines equal the
amounts that would have been withheld for the costs of
the Bureau of Indian Affairs for administration of the
program or project.
``(F) Eligibility.--
``(i) In general.--Subject to clause (ii) and
the approval of the Secretary, funds may be made
available under subparagraph (A) to an Indian
tribal government for a program or project in a
fiscal year only if the Indian tribal government
requesting such funds demonstrates to the
satisfaction of the Secretary financial stability
and financial management capability during the 3
fiscal years immediately preceding the fiscal year
for which the request is being made.
``(ii) Considerations.--An Indian tribal
government that had no uncorrected significant and
material audit exceptions in the required annual
audit of the contracts or self-governance funding
agreements made by the Indian tribe with any
Federal agency under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et
seq.) during the 3-fiscal year period referred in
clause (i) shall be conclusive evidence of the
financial stability and financial management
capability of the Indian tribe for purposes of
clause (i).
``(G) Assumption of functions and duties.--An Indian
tribal government receiving funding under subparagraph
(A) for a program or project shall assume all functions
and duties that the Secretary of the Interior would have
performed with respect to a program or project under
this chapter, other than those functions and duties that
[[Page 126 STAT. 485]]
inherently cannot be legally transferred under the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.).
``(H) Powers.--An Indian tribal government receiving
funding under subparagraph (A) for a program or project
shall have all powers that the Secretary of the Interior
would have exercised in administering the funds
transferred to the Indian tribal government for such
program or project under this section if the funds had
not been transferred, except to the extent that such
powers are powers that inherently cannot be legally
transferred under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
``(I) Dispute resolution.--In the event of a
disagreement between the Secretary or the Secretary of
the Interior and an Indian tribe over whether a
particular function, duty, or power may be lawfully
transferred to the Indian tribe under the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450 et seq.), the Indian tribe shall have the right to
pursue all alternative dispute resolution and appeal
procedures authorized by that Act, including regulations
issued to carry out the Act.
``(J) Termination of contract or agreement.--On the
date of the termination of a contract or agreement under
this section by an Indian tribal government, the
Secretary shall transfer all funds that would have been
allocated to the Indian tribal government under the
contract or agreement to the Secretary of the Interior
to provide continued transportation services in
accordance with applicable law.
``(c) Planning.--
``(1) In general.--For each fiscal year, not more than 2
percent of the funds made available for the tribal
transportation program shall be allocated among Indian tribal
governments that apply for transportation planning pursuant to
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).
``(2) Requirement.--An Indian tribal government, in
cooperation with the Secretary of the Interior and, as
appropriate, with a State, local government, or metropolitan
planning organization, shall carry out a transportation planning
process in accordance with section 201(c).
``(3) Selection and approval of projects.--A project funded
under this section shall be--
``(A) selected by the Indian tribal government from
the transportation improvement program; and
``(B) subject to the approval of the Secretary of
the Interior and the Secretary.
``(d) Tribal Transportation Facility Bridges.--
``(1) Nationwide priority program.--The Secretary shall
maintain a nationwide priority program for improving deficient
bridges eligible for the tribal transportation program.
``(2) Funding.--Before making any distribution under
subsection (b), the Secretary shall set aside not more than 2
percent of the funds made available under the tribal
transportation program for each fiscal year to be allocated--
[[Page 126 STAT. 486]]
``(A) to carry out any planning, design,
engineering, preconstruction, construction, and
inspection of a project to replace, rehabilitate,
seismically retrofit, paint, apply calcium magnesium
acetate, sodium acetate/formate, or other
environmentally acceptable, minimally corrosive anti-
icing and deicing composition; or
``(B) to implement any countermeasure for deficient
tribal transportation facility bridges, including
multiple-pipe culverts.
``(3) Eligible bridges.--To be eligible to receive funding
under this subsection, a bridge described in paragraph (1)
shall--
``(A) have an opening of not less than 20 feet;
``(B) be classified as a tribal transportation
facility; and
``(C) be structurally deficient or functionally
obsolete.
``(4) Approval requirement.--The Secretary may make funds
available under this subsection for preliminary engineering,
construction, and construction engineering activities after
approval of required documentation and verification of
eligibility in accordance with this title.
``(e) Safety.--
``(1) Funding.--Before making any distribution under
subsection (b), the Secretary shall set aside not more than 2
percent of the funds made available under the tribal
transportation program for each fiscal year to be allocated
based on an identification and analysis of highway safety issues
and opportunities on tribal land, as determined by the
Secretary, on application of the Indian tribal governments for
eligible projects described in section 148(a)(4).
``(2) Project selection.--An Indian tribal government, in
cooperation with the Secretary of the Interior and, as
appropriate, with a State, local government, or metropolitan
planning organization, shall select projects from the
transportation improvement program, subject to the approval of
the Secretary and the Secretary of the Interior.
``(f) Federal-aid Eligible Projects.--Before approving as a project
on a tribal transportation facility any project eligible for funds
apportioned under section 104 in a State, the Secretary shall, for
projects on tribal transportation facilities, determine that the
obligation of funds for the project is supplementary to and not in lieu
of the obligation of a fair and equitable share of funds apportioned to
the State under section 104.
``Sec. 203. Federal lands transportation program
``(a) Use of Funds.--
``(1) In general.--Funds made available under the Federal
lands transportation program shall be used by the Secretary of
Transportation and the Secretary of the appropriate Federal land
management agency to pay the costs of--
``(A) program administration, transportation
planning, research, preventive maintenance, engineering,
rehabilitation, restoration, construction, and
reconstruction of Federal lands transportation
facilities, and--
``(i) adjacent vehicular parking areas;
``(ii) acquisition of necessary scenic
easements and scenic or historic sites;
[[Page 126 STAT. 487]]
``(iii) provision for pedestrians and
bicycles;
``(iv) environmental mitigation in or adjacent
to Federal land open to the public--
``(I) to improve public safety and
reduce vehicle-caused wildlife mortality
while maintaining habitat connectivity;
and
``(II) to mitigate the damage to
wildlife, aquatic organism passage,
habitat, and ecosystem connectivity,
including the costs of constructing,
maintaining, replacing, or removing
culverts and bridges, as appropriate;
``(v) construction and reconstruction of
roadside rest areas, including sanitary and water
facilities;
``(vi) congestion mitigation; and
``(vii) other appropriate public road
facilities, as determined by the Secretary;
``(B) operation and maintenance of transit
facilities;
``(C) any transportation project eligible for
assistance under this title that is on a public road
within or adjacent to, or that provides access to,
Federal lands open to the public; and
``(D) not more $10,000,000 of the amounts made
available per fiscal year to carry out this section for
activities eligible under subparagraph (A)(iv).
``(2) Contract.--In connection with an activity described in
paragraph (1), the Secretary and the Secretary of the
appropriate Federal land management agency may enter into a
contract or other appropriate agreement with respect to the
activity with--
``(A) a State (including a political subdivision of
a State); or
``(B) an Indian tribe.
``(3) Administration.--All appropriations for the
construction and improvement of Federal lands transportation
facilities shall be administered in conformity with regulations
and agreements jointly approved by the Secretary and the
Secretary of the appropriate Federal land managing agency.
``(4) Cooperation.--
``(A) In general.--The cooperation of States,
counties, or other local subdivisions may be accepted in
construction and improvement.
``(B) Funds received.--Any funds received from a
State, county, or local subdivision shall be credited to
appropriations available for the class of Federal lands
transportation facilities to which the funds were
contributed.
``(5) Competitive bidding.--
``(A) In general.--Subject to subparagraph (B),
construction of each project shall be performed by
contract awarded by competitive bidding.
``(B) Exception.--Subparagraph (A) shall not apply
if the Secretary or the Secretary of the appropriate
Federal land management agency affirmatively finds that,
under the circumstances relating to the project, a
different method is in the public interest.
``(b) Agency Program Distributions.--
[[Page 126 STAT. 488]]
``(1) <<NOTE: Effective date. Deadlines.>> In general.--On
October 1, 2011, and on October 1 of each fiscal year
thereafter, the Secretary shall allocate the sums authorized to
be appropriated for the fiscal year for the Federal lands
transportation program on the basis of applications of need, as
determined by the Secretary--
``(A) in consultation with the Secretaries of the
applicable Federal land management agencies; and
``(B) in coordination with the transportation plans
required under section 201 of the respective
transportation systems of--
``(i) the National Park Service;
``(ii) the Forest Service;
``(iii) the United States Fish and Wildlife
Service;
``(iv) the Corps of Engineers; and
``(v) the Bureau of Land Management.
``(2) Applications.--
``(A) Requirements.--Each application submitted by a
Federal land management agency shall include proposed
programs at various potential funding levels, as defined
by the Secretary following collaborative discussions
with applicable Federal land management agencies.
``(B) Consideration by secretary.--In evaluating an
application submitted under subparagraph (A), the
Secretary shall consider the extent to which the
programs support--
``(i) the transportation goals of--
``(I) a state of good repair of
transportation facilities;
``(II) a reduction of bridge
deficiencies, and
``(III) an improvement of safety;
``(ii) high-use Federal recreational sites or
Federal economic generators; and
``(iii) the resource and asset management
goals of the Secretary of the respective Federal
land management agency.
``(C) Permissive contents.--Applications may include
proposed programs the duration of which extend over a
multiple-year period to support long-term transportation
planning and resource management initiatives.
``(c) National Federal Lands Transportation Facility Inventory.--
``(1) In general.--The Secretaries of the appropriate
Federal land management agencies, in cooperation with the
Secretary, shall maintain a comprehensive national inventory of
public Federal lands transportation facilities.
``(2) Transportation facilities included in the
inventories.--To identify the Federal lands transportation
system and determine the relative transportation needs among
Federal land management agencies, the inventories shall include,
at a minimum, facilities that--
``(A) provide access to high-use Federal recreation
sites or Federal economic generators, as determined by
the Secretary in coordination with the respective
Secretaries of the appropriate Federal land management
agencies; and
``(B) are owned by 1 of the following agencies:
``(i) The National Park Service.
``(ii) The Forest Service.
[[Page 126 STAT. 489]]
``(iii) The United States Fish and Wildlife
Service.
``(iv) The Bureau of Land Management.
``(v) The Corps of Engineers.
``(3) Availability.--The inventories shall be made available
to the Secretary.
``(4) Updates.--The Secretaries of the appropriate Federal
land management agencies shall update the inventories of the
appropriate Federal land management agencies, as determined by
the Secretary after collaborative discussions with the
Secretaries of the appropriate Federal land management agencies.
``(5) Review.--A decision to add or remove a facility from
the inventory shall not be considered a Federal action for
purposes of review under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.).
``(d) Bicycle Safety.--The Secretary of the appropriate Federal land
management agency shall prohibit the use of bicycles on each federally
owned road that has a speed limit of 30 miles per hour or greater and an
adjacent paved path for use by bicycles within 100 yards of the road
unless the Secretary determines that the bicycle level of service on
that roadway is rated B or higher.
``Sec. 204. Federal lands access program
``(a) Use of Funds.--
``(1) In general.--Funds made available under the Federal
lands access program shall be used by the Secretary of
Transportation and the Secretary of the appropriate Federal land
management agency to pay the cost of--
``(A) transportation planning, research,
engineering, preventive maintenance, rehabilitation,
restoration, construction, and reconstruction of Federal
lands access transportation facilities located on or
adjacent to, or that provide access to, Federal land,
and--
``(i) adjacent vehicular parking areas;
``(ii) acquisition of necessary scenic
easements and scenic or historic sites;
``(iii) provisions for pedestrians and
bicycles;
``(iv) environmental mitigation in or adjacent
to Federal land 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) other appropriate public road
facilities, as determined by the Secretary;
``(B) operation and maintenance of transit
facilities; and
``(C) any transportation project eligible for
assistance under this title that is within or adjacent
to, or that provides access to, Federal land.
``(2) Contract.--In connection with an activity described in
paragraph (1), the Secretary and the Secretary of the
appropriate Federal land management agency may enter into a
contract or other appropriate agreement with respect to the
activity with--
``(A) a State (including a political subdivision of
a State); or
``(B) an Indian tribe.
[[Page 126 STAT. 490]]
``(3) Administration.--All appropriations for the
construction and improvement of Federal lands access
transportation facilities shall be administered in conformity
with regulations and agreements approved by the Secretary.
``(4) Cooperation.--
``(A) In general.--The cooperation of States,
counties, or other local subdivisions may be accepted in
construction and improvement.
``(B) Funds received.--Any funds received from a
State, county, or local subdivision for a Federal lands
access transportation facility project shall be credited
to appropriations available under the Federal lands
access program.
``(5) Competitive bidding.--
``(A) In general.--Subject to subparagraph (B),
construction of each project shall be performed by
contract awarded by competitive bidding.
``(B) Exception.--Subparagraph (A) shall not apply
if the Secretary or the Secretary of the appropriate
Federal land management agency affirmatively finds that,
under the circumstances relating to the project, a
different method is in the public interest.
``(b) Program Distributions.--
``(1) In general.--Funding made available to carry out the
Federal lands access program shall be allocated among those
States that have Federal land, in accordance with the following
formula:
``(A) 80 percent of the available funding for use in
those States that contain at least 1 \1/2\ percent of
the total public land in the United States managed by
the agencies described in paragraph (2), to be
distributed as follows:
``(i) 30 percent in the ratio that--
``(I) recreational visitation within
each such State; bears to
``(II) the recreational visitation
within all such States.
``(ii) 5 percent in the ratio that--
``(I) the Federal land area within
each such State; bears to
``(II) the Federal land area in all
such States.
``(iii) 55 percent in the ratio that--
``(I) the Federal public road miles
within each such State; bears to
``(II) the Federal public road miles
in all such States.
``(iv) 10 percent in the ratio that--
``(I) the number of Federal public
bridges within each such State; bears to
``(II) the number of Federal public
bridges in all such States.
``(B) 20 percent of the available funding for use in
those States that do not contain at least 1 \1/2\
percent of the total public land in the United States
managed by the agencies described in paragraph (2), to
be distributed as follows:
``(i) 30 percent in the ratio that--
[[Page 126 STAT. 491]]
``(I) recreational visitation within
each such State; bears to
``(II) the recreational visitation
within all such States.
``(ii) 5 percent in the ratio that--
``(I) the Federal land area within
each such State; bears to
``(II) the Federal land area in all
such States.
``(iii) 55 percent in the ratio that--
``(I) the Federal public road miles
within each such State; bears to
``(II) the Federal public road miles
in all such States.
``(iv) 10 percent in the ratio that--
``(I) the number of Federal public
bridges within each such State; bears to
``(II) the number of Federal public
bridges in all such States.
``(2) Data source.--Data necessary to distribute funding
under paragraph (1) shall be provided by the following Federal
land management agencies:
``(A) The National Park Service.
``(B) The Forest Service.
``(C) The United States Fish and Wildlife Service.
``(D) The Bureau of Land Management.
``(E) The Corps of Engineers.
``(c) Programming Decisions Committee.--
``(1) In general.--Programming decisions shall be made
within each State by a committee comprised of--
``(A) a representative of the Federal Highway
Administration;
``(B) a representative of the State Department of
Transportation; and
``(C) a representative of any appropriate political
subdivision of the State.
``(2) Consultation requirement.--The committee described in
paragraph (1) shall cooperate with each applicable Federal
agency in each State before any joint discussion or final
programming decision.
``(3) Project preference.--In making a programming decision
under paragraph (1), the committee shall give preference to
projects that provide access to, are adjacent to, or are located
within high-use Federal recreation sites or Federal economic
generators, as identified by the Secretaries of the appropriate
Federal land management agencies.''.
(b) <<NOTE: Repeal.>> Public Lands Development Roads and Trails.--
Section 214 of title 23, United States Code, is repealed.
(c) Conforming Amendments.--
(1) Chapter 2 analysis.--The analysis for chapter 2 of title
23, United States Code, is amended--
(A) by striking the items relating to sections 201
through 204 and inserting the following:
``201. Federal lands and tribal transportation programs.
``202. Tribal transportation program.
``203. Federal lands transportation program.
``204. Federal lands access program.''; and
(B) by striking the item relating to section 214.
[[Page 126 STAT. 492]]
(2) Definition.--Section 138(a) of title 23, United States
Code, is amended in the third sentence by striking ``park road
or parkway under section 204 of this title'' and inserting
``Federal lands transportation facility''.
(3) Rules, regulations, and recommendations.--Section 315 of
title 23, United States Code, is amended by striking ``204(f)''
and inserting ``202(a)(5), 203(a)(3),''.
SEC. 1120. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.
Section 1301 of the SAFETEA-LU (23 U.S.C. 101 note; 119 Stat. 1198)
is amended--
(1) in subsection (b), by striking ``States'' and inserting
``eligible applicants'';
(2) in subsection (c), by striking paragraph (3) and
inserting the following:
``(3) <<NOTE: Deadline.>> Eligible applicant.--The term
`eligible applicant' means--
``(A) a State department of transportation or a
group of State departments of transportation;
``(B) a tribal government or consortium of tribal
governments;
``(C) a transit agency; or
``(D) a multi-State or multi-jurisdictional group of
the agencies described in subparagraphs (A) through
(C).'';
(3) in subsection (d)(2), by striking ``75'' and inserting
``50'';
(4) in subsection (e), by striking ``State'' and inserting
``eligible applicant'';
(5) in subsection (f)(3) by striking subparagraph (B) and
inserting the following:
``(B) improves roadways vital to national energy
security; and'';
(6) in subsection (g)(1) by adding at the end the following:
``(E) Congressional approval.--The Secretary may not
issue a letter of intent, enter into a full funding
grant agreement under paragraph (2), or make any other
obligation or commitment to fund a project under this
section if a joint resolution of disapproval is enacted
disapproving funding for the project before the last day
of the 60-day period described in subparagraph (B).'';
(7) in subsection (k), by adding at the end the following:
``(3) Project selection justifications.--
``(A) <<NOTE: Deadline. Reports.>> In general.--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
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate a report that describes the
reasons for selecting the project, based on the criteria
described in subsection (f).
``(B) Inclusions.--The report submitted under
subparagraph (A) shall specify each criteria described
in subsection (f) that the project meets.
``(C) <<NOTE: Web posting.>> Availability.--The
Secretary shall make available on the website of the
Department the report submitted under subparagraph
(A).''; and
(8) by striking subsections (l) and (m) and inserting the
following:
[[Page 126 STAT. 493]]
``(l) Report.--
``(1) In general.--Not later than 2 years after the date of
enactment of the MAP-21, the Secretary shall submit a report to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate regarding projects of national and regional
significance.
``(2) Purpose.--The purpose of the report issued under this
subsection shall be to identify projects of national and
regional significance that--
``(A) will significantly improve the performance of
the Federal-aid highway system, nationally or
regionally;
``(B) is able to--
``(i) generate national economic benefits that
reasonably exceed the costs of the projects,
including increased access to jobs, labor, and
other critical economic inputs;
``(ii) reduce long-term congestion, including
impacts in the State, region, and the United
States, and increase speed, reliability, and
accessibility of the movement of people or
freight; and
``(iii) improve transportation safety,
including reducing transportation accidents, and
serious injuries and fatalities; and
``(C) can be supported by an acceptable degree of
non-Federal financial commitments.
``(3) Contents.--The report issued under this subsection
shall include--
``(A) a comprehensive list of each project of
national and regional significance that--
``(i) has been complied through a survey of
State departments of transportation; and
``(ii) has been classified by the Secretary as
a project of regional or national significance in
accordance with this section;
``(B) an analysis of the information collected under
paragraph (1), including a discussion of the factors
supporting each classification of a project as a project
of regional or national significance; and
``(C) recommendations on financing for eligible
project costs.
``(m) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000,000 for fiscal year
2013, to remain available until expended.''.
SEC. 1121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL
FACILITIES.
(a) Construction of Ferry Boats and Ferry Terminal Facilities.--
Section 147 of title 23, United States Code, is amended--
(1) by striking subsections (c) and (d);
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (b) the following:
[[Page 126 STAT. 494]]
``(c) Distribution of Funds.--Of the amounts made available to ferry
systems and public entities responsible for developing ferries under
this section for a fiscal year, 100 percent shall be allocated in
accordance with the formula set forth in subsection (d).
``(d) Formula.--Of the amounts allocated pursuant to subsection
(c)--
``(1) 20 percent shall be allocated among eligible entities
in the proportion that--
``(A) the number of ferry passengers carried by each
ferry system in the most recent fiscal year; bears to
``(B) the number of ferry passengers carried by all
ferry systems in the most recent fiscal year;
``(2) 45 percent shall be allocated among eligible entities
in the proportion that--
``(A) the number of vehicles carried by each ferry
system in the most recent fiscal year; bears to
``(B) the number of vehicles carried by all ferry
systems in the most recent fiscal year; and
``(3) 35 percent shall be allocated among eligible entities
in the proportion that--
``(A) the total route miles serviced by each ferry
system; bears to
``(B) the total route miles serviced by all ferry
systems.
``(e) 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 $67,000,000 for each of fiscal years
2013 and 2014.''.
(b) National Ferry Database.--Section 1801(e) of the SAFETEA-LU (23
U.S.C. 129 note; Public Law 109-59) is amended--
(1) in paragraph (2), by inserting ``, including any
Federal, State, and local government funding sources,'' after
``sources''; and
(2) in paragraph (4)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) by redesignating subparagraph (C) as
subparagraph (D);
(C) by inserting after subparagraph (B), the
following:
``(C) ensure that the database is consistent with
the national transit database maintained by the Federal
Transit Administration; and''; and
(D) in subparagraph (D) (as redesignated by
subparagraph (B)), by striking ``2009'' and inserting
``2014''.
SEC. 1122. TRANSPORTATION ALTERNATIVES.
(a) In General.--Section 213 of title 23, United States Code, is
amended to read as follows:
``Sec. 213. Transportation alternatives
``(a) Reservation of Funds.--
``(1) <<NOTE: Effective dates.>> In general.--On October 1
of each of fiscal years 2013 and 2014, the Secretary shall
proportionally reserve from the funds apportioned to a State
under section 104(b) to carry out the requirements of this
section an amount equal to the amount obtained by multiplying
the amount determined under paragraph (2) by the ratio that--
[[Page 126 STAT. 495]]
``(A) the amount apportioned to the State for the
transportation enhancements program for fiscal year 2009
under section 133(d)(2), as in effect on the day before
the date of enactment of the MAP-21; bears to
``(B) the total amount of funds apportioned to all
States for that fiscal year for the transportation
enhancements program for fiscal year 2009.
``(2) <<NOTE: Determination.>> Calculation of national
amount.--The Secretary shall determine an amount for each fiscal
year that is equal to 2 percent of the amounts authorized to be
appropriated for such fiscal year from the Highway Trust Fund
(other than the Mass Transit Account) to carry out chapters 1,
2, 5, and 6 of this title.
``(b) Eligible Projects.--A State may obligate the funds reserved
under this section for any of the following projects or activities:
``(1) Transportation alternatives, as defined in section
101.
``(2) The recreational trails program under section 206.
``(3) The safe routes to school program under section 1404
of the SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-59).
``(4) Planning, designing, or constructing boulevards and
other roadways largely in the right-of-way of former Interstate
System routes or other divided highways.
``(c) Allocations of Funds.--
``(1) Calculation.--Of the funds reserved in a State under
this section--
``(A) 50 percent for a fiscal year shall be
obligated under this section to any eligible entity in
proportion to their relative shares of the population of
the State--
``(i) in urbanized areas of the State with an
urbanized area population of over 200,000;
``(ii) in areas of the State other than urban
areas with a population greater than 5,000; and
``(iii) in other areas of the State; and
``(B) 50 percent shall 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 200,000
population.--
``(A) In general.--Except as provided in paragraph
(1)(B), the amount of funds that a State is required to
obligate under paragraph (1)(A)(i) shall be obligated in
urbanized areas described in paragraph (1)(A)(i) based
on the relative population of the areas.
``(B) Other factors.--A State may obligate the funds
described in subparagraph (A) based on other factors if
the State and the relevant metropolitan planning
organizations jointly apply to the Secretary for the
permission to base the obligation on other factors and
the Secretary grants the request.
``(4) Access to funds.--
``(A) In general.--Each State or metropolitan
planning organization required to obligate funds in
accordance with
[[Page 126 STAT. 496]]
paragraph (1) shall develop a competitive process to
allow eligible entities to submit projects for funding
that achieve the objectives of this subsection.
``(B) Definition of eligible entity.--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; and
``(vii) any other local or regional
governmental entity with responsibility for or
oversight of transportation or recreational trails
(other than a metropolitan planning organization
or a State agency) that the State determines to be
eligible, consistent with the goals of this
subsection.
``(5) Selection of projects.--For funds reserved in a State
under this section and suballocated to a metropolitan planning
area under paragraph (1)(A)(i), each such metropolitan planning
organization shall select projects carried out within the
boundaries of the applicable metropolitan planning area, in
consultation with the relevant State.
``(d) <<NOTE: Effective date.>> Flexibility of Excess Reserved
Funding.--Beginning in the second fiscal year after the date of
enactment of the MAP-21, if on August 1 of that fiscal year the
unobligated balance of available funds reserved by a State under this
section exceeds 100 percent of such reserved amount in such fiscal year,
the State may thereafter obligate the amount of excess funds for any
activity--
``(1) that is eligible to receive funding under this
section; or
``(2) for which the Secretary has approved the obligation of
funds for any State under section 149.
``(e) Treatment of Projects.--Notwithstanding any other provision of
law, projects funded under this section (excluding those carried out
under subsection (f)) shall be treated as projects on a Federal-aid
highway under this chapter.
``(f) Continuation of Certain Recreational Trails Projects.--Each
State shall--
``(1) obligate an amount of funds reserved under this
section equal to the amount of the funds apportioned to the
State for fiscal year 2009 under section 104(h)(2) for projects
relating to recreational trails under section 206;
``(2) return 1 percent of those funds to the Secretary for
the administration of that program; and
``(3) comply with the provisions of the administration of
the recreational trails program under section 206, including the
use of apportioned funds described under subsection (d)(3)(A) of
that section.
``(g) <<NOTE: Notification. Deadline.>> State Flexibility.--A State
may opt out of the recreational trails program under subsection (f) if
the Governor of the State notifies the Secretary not later than 30 days
prior to apportionments being made for any fiscal year.''.
[[Page 126 STAT. 497]]
(b) Conforming Amendment.--The analysis for chapter 2 of title 23,
United States Code, is amended by striking the item relating to section
213 and inserting the following:
``213. Transportation alternatives''.
SEC. 1123. <<NOTE: 23 USC 202 note.>> TRIBAL HIGH PRIORITY
PROJECTS PROGRAM.
(a) Definitions.--In this section:
(1) Emergency or disaster.--The term ``emergency or
disaster'' means damage to a tribal transportation facility
that--
(A) renders the tribal transportation facility
impassable or unusable;
(B) is caused by--
(i) a natural disaster over a widespread area;
or
(ii) a catastrophic failure from an external
cause; and
(C) would be eligible under the emergency relief
program under section 125 of title 23, United States
Code, but does not meet the funding thresholds required
by that section.
(2) List.--The term ``list'' means the funding priority list
developed under subsection (c)(5).
(3) Program.--The term ``program'' means the Tribal High
Priority Projects program established under subsection (b)(1).
(4) Project.--The term ``project'' means a project provided
funds under the program.
(b) Program.--
(1) In general.--The Secretary shall use amounts made
available under subsection (h) to carry out a Tribal High
Priority Projects program under which funds shall be provided to
eligible applicants in accordance with this section.
(2) Eligible applicants.--Applicants eligible for program
funds under this section include--
(A) an Indian tribe whose annual allocation of
funding under section 202 of title 23, United States
Code, is insufficient to complete the highest priority
project of the Indian tribe;
(B) a governmental subdivision of an Indian tribe--
(i) that is authorized to administer the
funding of the Indian tribe under section 202 of
title 23, United States Code; and
(ii) for which the annual allocation under
that section is insufficient to complete the
highest priority project of the Indian tribe; or
(C) any Indian tribe that has an emergency or
disaster with respect to a transportation facility
included on the national inventory of tribal
transportation facilities under section 202(b)(1) of
title 23, United States Code.
(c) Project Applications; Funding.--
(1) In general.--To apply for funds under this section, an
eligible applicant shall submit to the Department of the
Interior or the Department an application that includes--
(A) project scope of work, including deliverables,
budget, and timeline;
(B) the amount of funds requested;
(C) project information addressing--
[[Page 126 STAT. 498]]
(i) the ranking criteria identified in
paragraph (3); or
(ii) the nature of the emergency or disaster;
(D) documentation that the project meets the
definition of a tribal transportation facility and is
included in the national inventory of tribal
transportation facilities under section 202(b)(1) of
title 23, United States Code;
(E) documentation of official tribal action
requesting the project;
(F) documentation from the Indian tribe providing
authority for the Secretary of the Interior to place the
project on a transportation improvement program if the
project is selected and approved; and
(G) any other information the Secretary of the
Interior or Secretary considers appropriate to make a
determination.
(2) Limitation on applications.--An applicant for funds
under the program may only have 1 application for assistance
under this section pending at any 1 time, including any
emergency or disaster application.
(3) Application ranking.--
(A) <<NOTE: Determination.>> In general.--The
Secretary of the Interior and the Secretary shall
determine the eligibility of, and fund, program
applications, subject to the availability of funds.
(B) Ranking criteria.--The project ranking criteria
for applications under this section shall include--
(i) the existence of safety hazards with
documented fatality and injury accidents;
(ii) the number of years since the Indian
tribe last completed a construction project funded
by section 202 of title 23, United States Code;
(iii) the readiness of the Indian tribe to
proceed to construction or bridge design need;
(iv) the percentage of project costs matched
by funds that are not provided under section 202
of title 23, United States Code, with projects
with a greater percentage of other sources of
matching funds ranked ahead of lesser matches);
(v) the amount of funds requested, with
requests for lesser amounts given greater
priority;
(vi) the challenges caused by geographic
isolation; and
(vii) all weather access for employment,
commerce, health, safety, educational resources,
or housing.
(4) Project scoring matrix.--The project scoring matrix
established in the appendix to part 170 of title 25, Code of
Regulations (as in effect on the date of enactment of this Act)
shall be used to rank all applications accepted under this
section.
(5) Funding priority list.--
(A) In general.--The Secretary of the Interior and
the Secretary shall jointly produce a funding priority
list that ranks the projects approved for funding under
the program.
(B) Limitation.--The number of projects on the list
shall be limited by the amount of funding made
available.
[[Page 126 STAT. 499]]
(6) Timeline.-- <<NOTE: Notification.>> The Secretary of the
Interior and the Secretary shall--
(A) require applications for funding no sooner than
60 days after funding is made available pursuant to
subsection (a);
(B) notify all applicants and Regions in writing of
acceptance of applications;
(C) rank all accepted applications in accordance
with the project scoring matrix, develop the funding
priority list, and return unaccepted applications to the
applicant with an explanation of deficiencies;
(D) notify all accepted applicants of the projects
included on the funding priority list no later than 180
days after the application deadline has passed pursuant
to subparagraph (A); and
(E) distribute funds to successful applicants.
(d) Emergency or Disaster Project Applications.--
(1) In general.--Notwithstanding subsection (c)(6), an
eligible applicant may submit an emergency or disaster project
application at any time during the fiscal year.
(2) Consideration as priority.--The Secretary shall--
(A) consider project applications submitted under
paragraph (1) to be a priority; and
(B) fund the project applications in accordance with
paragraph (3).
(3) Funding.--
(A) In general.--If an eligible applicant submits an
application for a project under this subsection before
the issuance of the list under subsection (c)(5) and the
project is determined to be eligible for program funds,
the Secretary of the Interior shall provide funding for
the project before providing funding for other approved
projects on the list.
(B) Submission after issuance of list.--If an
eligible applicant submits an application under this
subsection after the issuance of the list under
subsection (c)(5) and the distribution of program funds
in accordance with the list, the Secretary of the
Interior shall provide funding for the project on the
date on which unobligated funds provided to projects on
the list are returned to the Department of the Interior.
(C) Effect on other projects.--If the Secretary of
the Interior uses funding previously designated for a
project on the list to fund an emergency or disaster
project under this subsection, the project on the list
that did not receive funding as a result of the
redesignation of funds shall move to the top of the list
the following year.
(4) Emergency or disaster project cost.--The cost of a
project submitted as an emergency or disaster under this
subsection shall be at least 10 percent of the distribution of
funds of the Indian tribe under section 202(b) of title 23,
United States Code.
(e) Limitation on Use of Funds.--Program funds shall not be used
for--
(1) transportation planning;
(2) research;
(3) routine maintenance activities;
[[Page 126 STAT. 500]]
(4) structures and erosion protection unrelated to
transportation and roadways;
(5) general reservation planning not involving
transportation;
(6) landscaping and irrigation systems not involving
transportation programs and projects;
(7) work performed on projects that are not included on a
transportation improvement program approved by the Federal
Highway Administration, unless otherwise authorized by the
Secretary of the Interior and the Secretary;
(8) the purchase of equipment unless otherwise authorized by
Federal law; or
(9) the condemnation of land for recreational trails.
(f) Limitation on Project Amounts.--Project funding shall be limited
to a maximum of $1,000,000 per application, except that funding for
disaster or emergency projects shall also be limited to the estimated
cost of repairing damage to the tribal transportation facility.
(g) Cost Estimate Certification.--All cost estimates prepared for a
project shall be required to be submitted by the applicant to the
Secretary of the Interior and the Secretary for certification and
approval.
(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 and 2014.
(2) Administration.--The funds made available under
paragraph (1) 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 B--Performance Management
SEC. 1201. METROPOLITAN TRANSPORTATION PLANNING.
(a) In General.--Section 134 of title 23, United States Code, is
amended to read as follows:
``Sec. 134. Metropolitan transportation planning
``(a) Policy.--It is in the national interest--
``(1) to encourage and promote the safe and efficient
management, operation, and development of surface transportation
systems that will serve the mobility needs of people and freight
and foster economic growth and development within and between
States and urbanized areas, while minimizing transportation-
related fuel consumption and air pollution through metropolitan
and statewide transportation planning processes identified in
this chapter; and
``(2) to encourage the continued improvement and evolution
of the metropolitan and statewide transportation planning
processes by metropolitan planning organizations, State
departments of transportation, and public transit operators as
guided
[[Page 126 STAT. 501]]
by the planning factors identified in subsection (h) and section
135(d).
``(b) Definitions.--In this section and section 135, the following
definitions apply:
``(1) Metropolitan planning area.--The term `metropolitan
planning area' means the geographic area determined by agreement
between the metropolitan planning organization for the area and
the Governor under subsection (e).
``(2) Metropolitan planning organization.--The term
`metropolitan planning organization' means the policy board of
an organization established as a result of the designation
process under subsection (d).
``(3) Nonmetropolitan area.--The term `nonmetropolitan area'
means a geographic area outside designated metropolitan planning
areas.
``(4) Nonmetropolitan local official.--The term
`nonmetropolitan local official' means elected and appointed
officials of general purpose local government in a
nonmetropolitan area with responsibility for transportation.
``(5) Regional transportation planning organization.--The
term `regional transportation planning organization' means a
policy board of an organization established as the result of a
designation under section 135(m).
``(6) TIP.--The term `TIP' means a transportation
improvement program developed by a metropolitan planning
organization under subsection (j).
``(7) Urbanized area.--The term `urbanized area' means a
geographic area with a population of 50,000 or more, as
determined by the Bureau of the Census.
``(c) General Requirements.--
``(1) Development of long-range plans and tips.--To
accomplish the objectives in subsection (a), metropolitan
planning organizations designated under subsection (d), in
cooperation with the State and public transportation operators,
shall develop long-range transportation plans and transportation
improvement programs through a performance-driven, outcome-based
approach to planning for metropolitan areas of the State.
``(2) Contents.--The plans and TIPs for each metropolitan
area shall provide for the development and integrated management
and operation of transportation systems and facilities
(including accessible pedestrian walkways and bicycle
transportation facilities) that will function as an intermodal
transportation system for the metropolitan planning area and as
an integral part of an intermodal transportation system for the
State and the United States.
``(3) Process of development.--The process for developing
the plans and TIPs shall provide for consideration of all modes
of transportation and shall be continuing, cooperative, and
comprehensive to the degree appropriate, based on the complexity
of the transportation problems to be addressed.
``(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--
[[Page 126 STAT. 502]]
``(A) by agreement between the Governor and units of
general purpose local government that together represent
at least 75 percent of the affected population
(including the largest incorporated city (based on
population) as determined by the Bureau of the Census);
or
``(B) in accordance with procedures established by
applicable State or local law.
``(2) <<NOTE: Deadline.>> Structure.--Not later than 2 years
after the date of enactment of MAP-21, each metropolitan
planning organization that serves an area designated as a
transportation management area shall consist of--
``(A) local elected officials;
``(B) officials of public agencies that administer
or operate major modes of transportation in the
metropolitan area, including representation by providers
of public transportation; and
``(C) appropriate State officials.
``(3) Limitation on statutory construction.--Nothing in this
subsection shall be construed to interfere with the authority,
under any State law in effect on December 18, 1991, of a public
agency with multimodal transportation responsibilities--
``(A) to develop the plans and TIPs for adoption by
a metropolitan planning organization; and
``(B) to develop long-range capital plans,
coordinate transit services and projects, and carry out
other activities pursuant to State law.
``(4) Continuing designation.--A designation of a
metropolitan planning organization under this subsection or any
other provision of law shall remain in effect until the
metropolitan planning organization is redesignated under
paragraph (5).
``(5) Redesignation procedures.--
``(A) In general.--A metropolitan planning
organization may be redesignated by agreement between
the Governor and units of general purpose local
government that together represent at least 75 percent
of the existing planning area population (including the
largest incorporated city (based on population) as
determined by the Bureau of the Census) as appropriate
to carry out this section.
``(B) Restructuring.--A metropolitan planning
organization may be restructured to meet the
requirements of paragraph (2) without undertaking a
redesignation.
``(6) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning organization
may be designated within an existing metropolitan planning area
only if the Governor and the existing metropolitan planning
organization determine that the size and complexity of the
existing metropolitan planning area make designation of more
than 1 metropolitan planning organization for the area
appropriate.
``(e) Metropolitan Planning Area Boundaries.--
``(1) In general.--For the purposes of this section, the
boundaries of a metropolitan planning area shall be determined
by agreement between the metropolitan planning organization and
the Governor.
``(2) <<NOTE: Time period.>> Included area.--Each
metropolitan planning area--
[[Page 126 STAT. 503]]
``(A) shall encompass at least the existing
urbanized area and the contiguous area expected to
become urbanized within a 20-year forecast period for
the transportation plan; and
``(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of the
Census.
``(3) Identification of new urbanized areas within existing
planning area boundaries.--The designation by the Bureau of the
Census of new urbanized areas within an existing metropolitan
planning area shall not require the redesignation of the
existing metropolitan planning organization.
``(4) Existing metropolitan planning areas in
nonattainment.--
``(A) In general.--Notwithstanding paragraph (2),
except as provided in subparagraph (B), in the case of
an urbanized area designated as a nonattainment area for
ozone or carbon monoxide under the Clean Air Act (42
U.S.C. 7401 et seq.) as of the date of enactment of the
SAFETEA-LU, the boundaries of the metropolitan planning
area in existence as of such date of enactment shall be
retained.
``(B) Exception.--The boundaries described in
subparagraph (A) may be adjusted by agreement of the
Governor and affected metropolitan planning
organizations in the manner described in subsection
(d)(5).
``(5) New metropolitan planning areas in nonattainment.--In
the case of an urbanized area designated after the date of
enactment of the SAFETEA-LU, as a nonattainment area for ozone
or carbon monoxide, the boundaries of the metropolitan planning
area--
``(A) shall be established in the manner described
in subsection (d)(1);
``(B) shall encompass the areas described in
paragraph (2)(A);
``(C) may encompass the areas described in paragraph
(2)(B); and
``(D) may address any nonattainment area identified
under the Clean Air Act (42 U.S.C. 7401 et seq.) for
ozone or carbon monoxide.
``(f) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a multistate
metropolitan area and the appropriate metropolitan planning
organizations to provide coordinated transportation planning for
the entire metropolitan area.
``(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
``(A) to enter into agreements or compacts, not in
conflict with any law of the United States, for
cooperative efforts and mutual assistance in support of
activities authorized under this section as the
activities pertain to interstate areas and localities
within the States; and
``(B) to establish such agencies, joint or
otherwise, as the States may determine desirable for
making the agreements and compacts effective.
[[Page 126 STAT. 504]]
``(3) Reservation of rights.--The right to alter, amend, or
repeal interstate compacts entered into under this subsection is
expressly reserved.
``(g) MPO Consultation in Plan and TIP Coordination.--
``(1) Nonattainment areas.--If more than 1 metropolitan
planning organization has authority within a metropolitan area
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.
``(2) Transportation improvements located in multiple
mpos.--If a transportation improvement, funded from the Highway
Trust Fund or authorized under chapter 53 of title 49, is
located within the boundaries of more than 1 metropolitan
planning area, the metropolitan planning organizations shall
coordinate plans and TIPs regarding the transportation
improvement.
``(3) Relationship with other planning officials.--
``(A) In general.--The Secretary shall encourage
each metropolitan planning organization to consult with
officials responsible for other types of planning
activities that are affected by transportation in the
area (including State and local planned growth, economic
development, environmental protection, airport
operations, and freight movements) or to coordinate its
planning process, to the maximum extent practicable,
with such planning activities.
``(B) Requirements.--Under the metropolitan planning
process, transportation plans and TIPs shall be
developed with due consideration of other related
planning activities within the metropolitan area, and
the process shall provide for the design and delivery of
transportation services within the metropolitan area
that are provided by--
``(i) recipients of assistance under chapter
53 of title 49;
``(ii) governmental agencies and nonprofit
organizations (including representatives of the
agencies and organizations) that receive Federal
assistance from a source other than the Department
of Transportation to provide nonemergency
transportation services; and
``(iii) recipients of assistance under section
204.
``(h) Scope of Planning Process.--
``(1) In general.--The metropolitan planning process for a
metropolitan planning area under this section shall provide for
consideration of projects and strategies that will--
``(A) support the economic vitality of the
metropolitan area, especially by enabling global
competitiveness, productivity, and efficiency;
``(B) increase the safety of the transportation
system for motorized and nonmotorized users;
``(C) increase the security of the transportation
system for motorized and nonmotorized users;
``(D) increase the accessibility and mobility of
people and for freight;
[[Page 126 STAT. 505]]
``(E) protect and enhance the environment, promote
energy conservation, improve the quality of life, and
promote consistency between transportation improvements
and State and local planned growth and economic
development patterns;
``(F) enhance the integration and connectivity of
the transportation system, across and between modes, for
people and freight;
``(G) promote efficient system management and
operation; and
``(H) emphasize the preservation of the existing
transportation system.
``(2) Performance-based approach.--
``(A) In general.--The metropolitan transportation
planning process shall provide for the establishment and
use of a performance-based approach to transportation
decisionmaking to support the national goals described
in section 150(b) of this title and in section 5301(c)
of title 49.
``(B) Performance targets.--
``(i) Surface transportation performance
targets.--
``(I) In general.--Each metropolitan
planning organization shall establish
performance targets that address the
performance measures described in
section 150(c), where applicable, to use
in tracking progress towards attainment
of critical outcomes for the region of
the metropolitan planning organization.
``(II) Coordination.--Selection of
performance targets by a metropolitan
planning organization shall be
coordinated with the relevant State to
ensure consistency, to the maximum
extent practicable.
``(ii) Public transportation performance
targets.--Selection of performance targets by a
metropolitan planning organization shall be
coordinated, to the maximum extent practicable,
with providers of public transportation to ensure
consistency with sections 5326(c) and 5329(d) of
title 49.
``(C) Timing.--Each metropolitan planning
organization shall establish the performance targets
under subparagraph (B) not later than 180 days after the
date on which the relevant State or provider of public
transportation establishes the performance targets.
``(D) Integration of other performance-based
plans.--A metropolitan planning organization shall
integrate in the metropolitan transportation planning
process, directly or by reference, the goals,
objectives, performance measures, and targets described
in other State transportation plans and transportation
processes, as well as any plans developed under chapter
53 of title 49 by providers of public transportation,
required as part of a performance-based program.
``(3) Failure to consider factors.--The failure to consider
any factor specified in paragraphs (1) and (2) shall not be
reviewable by any court under this title or chapter 53
[[Page 126 STAT. 506]]
of title 49, subchapter II of chapter 5 of title 5, or chapter 7
of title 5 in any matter affecting a transportation plan, a TIP,
a project or strategy, or the certification of a planning
process.
``(i) Development of Transportation Plan.--
``(1) Requirements.--
``(A) In general.--Each metropolitan planning
organization shall prepare and update a transportation
plan for its metropolitan planning area in accordance
with the requirements of this subsection.
``(B) Frequency.--
``(i) In general.--The metropolitan planning
organization shall prepare and update such plan
every 4 years (or more frequently, if the
metropolitan planning organization elects to
update more frequently) in the case of each of the
following:
``(I) Any area designated as
nonattainment, as defined in section
107(d) of the Clean Air Act (42 U.S.C.
7407(d)).
``(II) Any area that was
nonattainment and subsequently
designated to attainment in accordance
with section 107(d)(3) of that Act (42
U.S.C. 7407(d)(3)) and that is subject
to a maintenance plan under section 175A
of that Act (42 U.S.C. 7505a).
``(ii) <<NOTE: Deadline.>> Other areas.--In
the case of any other area required to have a
transportation plan in accordance with the
requirements of this subsection, the metropolitan
planning organization shall prepare and update
such plan every 5 years unless the metropolitan
planning organization elects to update more
frequently.
``(2) Transportation plan.--A transportation plan under this
section shall be in a form that the Secretary determines to be
appropriate and shall contain, at a minimum, the following:
``(A) Identification of transportation facilities.--
``(i) In general.--An identification of
transportation facilities (including major
roadways, transit, multimodal and intermodal
facilities, nonmotorized transportation
facilities, and intermodal connectors) that should
function as an integrated metropolitan
transportation system, giving emphasis to those
facilities that serve important national and
regional transportation functions.
``(ii) Factors.--In formulating the
transportation plan, the metropolitan planning
organization shall consider factors described in
subsection (h) as the factors relate to a 20-year
forecast period.
``(B) Performance measures and targets.--A
description of the performance measures and performance
targets used in assessing the performance of the
transportation system in accordance with subsection
(h)(2).
``(C) System performance report.--A system
performance report and subsequent updates evaluating the
condition and performance of the transportation system
with respect to the performance targets described in
subsection (h)(2), including--
[[Page 126 STAT. 507]]
``(i) progress achieved by the metropolitan
planning organization in meeting the performance
targets in comparison with system performance
recorded in previous reports; and
``(ii) for metropolitan planning organizations
that voluntarily elect to develop multiple
scenarios, an analysis of how the preferred
scenario has improved the conditions and
performance of the transportation system and how
changes in local policies and investments have
impacted the costs necessary to achieve the
identified performance targets.
``(D) Mitigation activities.--
``(i) In general.--A long-range transportation
plan shall include a discussion of types of
potential environmental mitigation activities and
potential areas to carry out these activities,
including activities that may have the greatest
potential to restore and maintain the
environmental functions affected by the plan.
``(ii) Consultation.--The discussion shall be
developed in consultation with Federal, State, and
tribal wildlife, land management, and regulatory
agencies.
``(E) Financial plan.--
``(i) In general.--A financial plan that--
``(I) demonstrates how the adopted
transportation plan can be implemented;
``(II) indicates resources from
public and private sources that are
reasonably expected to be made available
to carry out the plan; and
``(III) recommends any additional
financing strategies for needed projects
and programs.
``(ii) Inclusions.--The financial plan may
include, for illustrative purposes, additional
projects that would be included in the adopted
transportation plan if reasonable additional
resources beyond those identified in the financial
plan were available.
``(iii) Cooperative development.--For the
purpose of developing the transportation plan, the
metropolitan planning organization, transit
operator, and State shall cooperatively develop
estimates of funds that will be available to
support plan implementation.
``(F) Operational and management strategies.--
Operational and management strategies to improve the
performance of existing transportation facilities to
relieve vehicular congestion and maximize the safety and
mobility of people and goods.
``(G) Capital investment and other strategies.--
Capital investment and other strategies to preserve the
existing and projected future metropolitan
transportation infrastructure and provide for multimodal
capacity increases based on regional priorities and
needs.
``(H) Transportation and transit enhancement
activities.--Proposed transportation and transit
enhancement activities.
``(3) Coordination with clean air act agencies.--In
metropolitan areas that are in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401
[[Page 126 STAT. 508]]
et seq.), the metropolitan planning organization shall
coordinate the development of a transportation plan with the
process for development of the transportation control measures
of the State implementation plan required by that Act.
``(4) Optional scenario development.--
``(A) In general.--A metropolitan planning
organization may, while fitting the needs and complexity
of its community, voluntarily elect to develop multiple
scenarios for consideration as part of the development
of the metropolitan transportation plan, in accordance
with subparagraph (B).
``(B) Recommended components.--A metropolitan
planning organization that chooses to develop multiple
scenarios under subparagraph (A) shall be encouraged to
consider--
``(i) potential regional investment strategies
for the planning horizon;
``(ii) assumed distribution of population and
employment;
``(iii) a scenario that, to the maximum extent
practicable, maintains baseline conditions for the
performance measures identified in subsection
(h)(2);
``(iv) a scenario that improves the baseline
conditions for as many of the performance measures
identified in subsection (h)(2) as possible;
``(v) revenue constrained scenarios based on
the total revenues expected to be available over
the forecast period of the plan; and
``(vi) estimated costs and potential revenues
available to support each scenario.
``(C) Metrics.--In addition to the performance
measures identified in section 150(c), metropolitan
planning organizations may evaluate scenarios developed
under this paragraph using locally-developed measures.
``(5) Consultation.--
``(A) In general.--In each metropolitan area, the
metropolitan planning organization shall consult, as
appropriate, with State and local agencies responsible
for land use management, natural resources,
environmental protection, conservation, and historic
preservation concerning the development of a long-range
transportation plan.
``(B) Issues.--The consultation shall involve, as
appropriate--
``(i) comparison of transportation plans with
State conservation plans or maps, if available; or
``(ii) comparison of transportation plans to
inventories of natural or historic resources, if
available.
``(6) Participation by interested parties.--
``(A) In general.--Each metropolitan planning
organization shall provide citizens, affected public
agencies, representatives of public transportation
employees, freight shippers, providers of freight
transportation services, private providers of
transportation, representatives of users of public
transportation, representatives of users of pedestrian
walkways and bicycle transportation facilities,
representatives of the disabled, and other interested
parties
[[Page 126 STAT. 509]]
with a reasonable opportunity to comment on the
transportation plan.
``(B) Contents of participation plan.--A
participation plan--
``(i) shall be developed in consultation with
all interested parties; and
``(ii) shall provide that all interested
parties have reasonable opportunities to comment
on the contents of the transportation plan.
``(C) Methods.--In carrying out subparagraph (A),
the metropolitan planning organization shall, to the
maximum extent practicable--
``(i) hold any public meetings at convenient
and accessible locations and times;
``(ii) employ visualization techniques to
describe plans; and
``(iii) <<NOTE: Public information.>> make
public information available in electronically
accessible format and means, such as the World
Wide Web, as appropriate to afford reasonable
opportunity for consideration of public
information under subparagraph (A).
``(7) <<NOTE: Public information.>> Publication.--A
transportation plan involving Federal participation shall be
published or otherwise made readily available by the
metropolitan planning organization for public review, including
(to the maximum extent practicable) in electronically accessible
formats and means, such as the World Wide Web, approved by the
metropolitan planning organization and submitted for information
purposes to the Governor at such times and in such manner as the
Secretary shall establish.
``(8) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(C), a State or metropolitan
planning organization shall not be required to select any
project from the illustrative list of additional projects
included in the financial plan under paragraph (2)(C).
``(j) Metropolitan TIP.--
``(1) Development.--
``(A) In general.--In cooperation with the State and
any affected public transportation operator, the
metropolitan planning organization designated for a
metropolitan area shall develop a TIP for the
metropolitan planning area that--
``(i) contains projects consistent with the
current metropolitan transportation plan;
``(ii) reflects the investment priorities
established in the current metropolitan
transportation plan; and
``(iii) once implemented, is designed to make
progress toward achieving the performance targets
established under subsection (h)(2).
``(B) Opportunity for comment.--In developing the
TIP, the metropolitan planning organization, in
cooperation with the State and any affected public
transportation operator, shall provide an opportunity
for participation by interested parties in the
development of the program, in accordance with
subsection (i)(5).
``(C) Funding estimates.--For the purpose of
developing the TIP, the metropolitan planning
organization, public transportation agency, and State
shall cooperatively
[[Page 126 STAT. 510]]
develop estimates of funds that are reasonably expected
to be available to support program implementation.
``(D) Updating and approval.--The TIP shall be--
``(i) updated at least once every 4 years; and
``(ii) approved by the metropolitan planning
organization and the Governor.
``(2) Contents.--
``(A) <<NOTE: Deadline.>> Priority list.--The TIP
shall include a priority list of proposed Federally
supported projects and strategies to be carried out
within each 4-year period after the initial adoption of
the TIP.
``(B) Financial plan.--The TIP shall include a
financial plan that--
``(i) demonstrates how the TIP can be
implemented;
``(ii) indicates resources from public and
private sources that are reasonably expected to be
available to carry out the program;
``(iii) identifies innovative financing
techniques to finance projects, programs, and
strategies; and
``(iv) may include, for illustrative purposes,
additional projects that would be included in the
approved TIP if reasonable additional resources
beyond those identified in the financial plan were
available.
``(C) Descriptions.--Each project in the TIP shall
include sufficient descriptive material (such as type of
work, termini, length, and other similar factors) to
identify the project or phase of the project.
``(D) Performance target achievement.--The
transportation improvement program shall include, to the
maximum extent practicable, a description of the
anticipated effect of the transportation improvement
program toward achieving the performance targets
established in the metropolitan transportation plan,
linking investment priorities to those performance
targets.
``(3) Included projects.--
``(A) Projects under this title and chapter 53 of
title 49.--A TIP developed under this subsection for a
metropolitan area shall include the projects within the
area that are proposed for funding under chapter 1 of
this title and chapter 53 of title 49.
``(B) Projects under chapter 2.--
``(i) Regionally significant projects.--
Regionally significant projects proposed for
funding under chapter 2 shall be identified
individually in the transportation improvement
program.
``(ii) Other projects.--Projects proposed for
funding under chapter 2 that are not determined to
be regionally significant shall be grouped in 1
line item or identified individually in the
transportation improvement program.
``(C) Consistency with long-range transportation
plan.--Each project shall be consistent with the long-
range transportation plan developed under subsection (i)
for the area.
``(D) Requirement of anticipated full funding.--The
program shall include a project, or an identified phase
[[Page 126 STAT. 511]]
of a project, only if full funding can reasonably be
anticipated to be available for the project or the
identified phase within the time period contemplated for
completion of the project or the identified phase.
``(4) Notice and comment.--Before approving a TIP, a
metropolitan planning organization, in cooperation with the
State and any affected public transportation operator, shall
provide an opportunity for participation by interested parties
in the development of the program, in accordance with subsection
(i)(5).
``(5) Selection of projects.--
``(A) In general.--Except as otherwise provided in
subsection (k)(4) and in addition to the TIP development
required under paragraph (1), the selection of Federally
funded projects in metropolitan areas shall be carried
out, from the approved TIP--
``(i) by--
``(I) in the case of projects under
this title, the State; and
``(II) in the case of projects under
chapter 53 of title 49, the designated
recipients of public transportation
funding; and
``(ii) in cooperation with the metropolitan
planning organization.
``(B) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a project
included in the approved TIP in place of another project
in the program.
``(6) Selection of projects from illustrative list.--
``(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or metropolitan planning
organization shall not be required to select any project
from the illustrative list of additional projects
included in the financial plan under paragraph
(2)(B)(iv).
``(B) Required action by the secretary.--Action by
the Secretary shall be required for a State or
metropolitan planning organization to select any project
from the illustrative list of additional projects
included in the financial plan under paragraph
(2)(B)(iv) for inclusion in an approved TIP.
``(7) Publication.--
``(A) Publication of tips.--A TIP involving Federal
participation shall be published or otherwise made
readily available by the metropolitan planning
organization for public review.
``(B) Publication of annual listings of projects.--
``(i) In general.--An annual listing of
projects, including investments in pedestrian
walkways and bicycle transportation facilities,
for which Federal funds have been obligated in the
preceding year shall be published or otherwise
made available by the cooperative effort of the
State, transit operator, and metropolitan planning
organization for public review.
``(ii) Requirement.--The listing shall be
consistent with the categories identified in the
TIP.
``(k) Transportation Management Areas.--
``(1) Identification and designation.--
[[Page 126 STAT. 512]]
``(A) Required identification.--The Secretary shall
identify as a transportation management area each
urbanized area (as defined by the Bureau of the Census)
with a population of over 200,000 individuals.
``(B) Designations on request.--The Secretary shall
designate any additional area as a transportation
management area on the request of the Governor and the
metropolitan planning organization designated for the
area.
``(2) Transportation plans.--In a transportation management
area, transportation plans shall be based on a continuing and
comprehensive transportation planning process carried out by the
metropolitan planning organization in cooperation with the State
and public transportation operators.
``(3) Congestion management process.--
``(A) In general.--Within a metropolitan planning
area serving a transportation management area, the
transportation planning process under this section shall
address congestion management through a process that
provides for effective management and operation, based
on a cooperatively developed and implemented
metropolitan-wide strategy, of new and existing
transportation facilities eligible for funding under
this title and chapter 53 of title 49 through the use of
travel demand reduction and operational management
strategies.
``(B) <<NOTE: Deadline.>> Schedule.--The Secretary
shall establish an appropriate phase-in schedule for
compliance with the requirements of this section but no
sooner than 1 year after the identification of a
transportation management area.
``(4) Selection of projects.--
``(A) In general.--All Federally funded projects
carried out within the boundaries of a metropolitan
planning area serving a transportation management area
under this title (excluding projects carried out on the
National Highway System) or under chapter 53 of title 49
shall be selected for implementation from the approved
TIP by the metropolitan planning organization designated
for the area in consultation with the State and any
affected public transportation operator.
``(B) National highway system projects.--Projects
carried out within the boundaries of a metropolitan
planning area serving a transportation management area
on the National Highway System shall be selected for
implementation from the approved TIP by the State in
cooperation with the metropolitan planning organization
designated for the area.
``(5) Certification.--
``(A) In general.--The Secretary shall--
``(i) ensure that the metropolitan planning
process of a metropolitan planning organization
serving a transportation management area is being
carried out in accordance with applicable
provisions of Federal law; and
``(ii) subject to subparagraph (B), certify,
not less often than once every 4 years, that the
requirements of this paragraph are met with
respect to the metropolitan planning process.
[[Page 126 STAT. 513]]
``(B) Requirements for certification.--The Secretary
may make the certification under subparagraph (A) if--
``(i) the transportation planning process
complies with the requirements of this section and
other applicable requirements of Federal law; and
``(ii) there is a TIP for the metropolitan
planning area that has been approved by the
metropolitan planning organization and the
Governor.
``(C) Effect of failure to certify.--
``(i) Withholding of project funds.--If a
metropolitan planning process of a metropolitan
planning organization serving a transportation
management area is not certified, the Secretary
may withhold up to 20 percent of the funds
attributable to the metropolitan planning area of
the metropolitan planning organization for
projects funded under this title and chapter 53 of
title 49.
``(ii) Restoration of withheld funds.--The
withheld funds shall be restored to the
metropolitan planning area at such time as the
metropolitan planning process is certified by the
Secretary.
``(D) Review of certification.--In making
certification determinations under this paragraph, the
Secretary shall provide for public involvement
appropriate to the metropolitan area under review.
``(l) Report on Performance-based Planning Processes.--
``(1) In general.--The Secretary shall submit to Congress a
report on the effectiveness of the performance-based planning
processes of metropolitan planning organizations under this
section, taking into consideration the requirements of this
subsection
``(2) Report.--Not later than 5 years after the date of
enactment of the MAP-21, the Secretary shall submit to Congress
a report evaluating--
``(A) the overall effectiveness of performance-based
planning as a tool for guiding transportation
investments;
``(B) the effectiveness of the performance-based
planning process of each metropolitan planning
organization under this section;
``(C) the extent to which metropolitan planning
organizations have achieved, or are currently making
substantial progress toward achieving, the performance
targets specified under this section and whether
metropolitan planning organizations are developing
meaningful performance targets; and
``(D) the technical capacity of metropolitan
planning organizations that operate within a
metropolitan planning area of less than 200,000 and
their ability to carry out the requirements of this
section.
``(3) <<NOTE: Web posting.>> Publication.--The report under
paragraph (2) shall be published or otherwise made available in
electronically accessible formats and means, including on the
Internet.
``(m) Abbreviated Plans for Certain Areas.--
``(1) In general.--Subject to paragraph (2), in the case of
a metropolitan area not designated as a transportation
management area under this section, the Secretary may provide
[[Page 126 STAT. 514]]
for the development of an abbreviated transportation plan and
TIP for the metropolitan planning area that the Secretary
determines is appropriate to achieve the purposes of this
section, taking into account the complexity of transportation
problems in the area.
``(2) Nonattainment areas.--The Secretary may not permit
abbreviated plans or TIPs for a metropolitan area that is in
nonattainment for ozone or carbon monoxide under the Clean Air
Act (42 U.S.C. 7401 et seq.).
``(n) Additional Requirements for Certain Nonattainment Areas.--
``(1) In general.--Notwithstanding any other provisions of
this title or chapter 53 of title, for transportation management
areas classified as nonattainment for ozone or carbon monoxide
pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), Federal
funds may not be advanced in such area for any highway project
that will result in a significant increase in the carrying
capacity for single-occupant vehicles unless the project is
addressed through a congestion management process.
``(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning area
boundaries determined under subsection (e).
``(o) Limitation on Statutory Construction.--Nothing in this section
shall be construed to confer on a metropolitan planning organization the
authority to impose legal requirements on any transportation facility,
provider, or project not eligible under this title or chapter 53 of
title 49.
``(p) Funding.--Funds set aside under section 104(f) of this title
or section 5305(g) of title 49 shall be available to carry out this
section.
``(q) Continuation of Current Review Practice.--Since plans and TIPs
described in this section are subject to a reasonable opportunity for
public comment, since individual projects included in plans and TIPs are
subject to review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), and since decisions by the Secretary
concerning plans and TIPs described in this section have not been
reviewed under that Act as of January 1, 1997, any decision by the
Secretary concerning a plan or TIP described in this section shall not
be considered to be a Federal action subject to review under that
Act.''.
(b) <<NOTE: Evaluation.>> Study on Metropolitan Planning Scenario
Development.--
(1) In general.--The Secretary shall evaluate the costs and
benefits associated with metropolitan planning organizations
developing multiple scenarios for consideration as a part of the
development of their metropolitan transportation plan.
(2) Inclusions.--The evaluation shall include an analysis of
the technical and financial capacity of the metropolitan
planning organization needed to develop scenarios described in
paragraph (1).
SEC. 1202. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
(a) In General.--Section 135 of title 23, United States Code, is
amended to read as follows:
[[Page 126 STAT. 515]]
``Sec. 135. Statewide and nonmetropolitan transportation planning
``(a) General Requirements.--
``(1) Development of plans and programs.--Subject to section
134, to accomplish the objectives stated in section 134(a), each
State shall develop a statewide transportation plan and a
statewide transportation improvement program for all areas of
the State.
``(2) Contents.--The statewide transportation plan and the
transportation improvement program developed for each State
shall provide for the development and integrated management and
operation of transportation systems and facilities (including
accessible pedestrian walkways and bicycle transportation
facilities) that will function as an intermodal transportation
system for the State and an integral part of an intermodal
transportation system for the United States.
``(3) Process of development.--The process for developing
the statewide plan and the transportation improvement program
shall provide for consideration of all modes of transportation
and the policies stated in section 134(a) and shall be
continuing, cooperative, and comprehensive to the degree
appropriate, based on the complexity of the transportation
problems to be addressed.
``(b) Coordination With Metropolitan Planning; State Implementation
Plan.--A State shall--
``(1) coordinate planning carried out under this section
with the transportation planning activities carried out under
section 134 for metropolitan areas of the State and with
statewide trade and economic development planning activities and
related multistate planning efforts; and
``(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42 U.S.C.
7401 et seq.).
``(c) Interstate Agreements.--
``(1) In general.--Two or more States may enter into
agreements or compacts, not in conflict with any law of the
United States, for cooperative efforts and mutual assistance in
support of activities authorized under this section related to
interstate areas and localities in the States and establishing
authorities the States consider desirable for making the
agreements and compacts effective.
``(2) Reservation of rights.--The right to alter, amend, or
repeal interstate compacts entered into under this subsection is
expressly reserved.
``(d) Scope of Planning Process.--
``(1) In general.--Each State shall carry out a statewide
transportation planning process that provides for consideration
and implementation of projects, strategies, and services that
will--
``(A) support the economic vitality of the United
States, the States, nonmetropolitan areas, and
metropolitan areas, especially by enabling global
competitiveness, productivity, and efficiency;
``(B) increase the safety of the transportation
system for motorized and nonmotorized users;
``(C) increase the security of the transportation
system for motorized and nonmotorized users;
[[Page 126 STAT. 516]]
``(D) increase the accessibility and mobility of
people and freight;
``(E) protect and enhance the environment, promote
energy conservation, improve the quality of life, and
promote consistency between transportation improvements
and State and local planned growth and economic
development patterns;
``(F) enhance the integration and connectivity of
the transportation system, across and between modes
throughout the State, for people and freight;
``(G) promote efficient system management and
operation; and
``(H) emphasize the preservation of the existing
transportation system.
``(2) Performance-based approach.--
``(A) In general.--The statewide transportation
planning process shall provide for the establishment and
use of a performance-based approach to transportation
decisionmaking to support the national goals described
in section 150(b) of this title and in section 5301(c)
of title 49.
``(B) Performance targets.--
``(i) Surface transportation performance
targets.--
``(I) In general.--Each State shall
establish performance targets that
address the performance measures
described in section 150(c), where
applicable, to use in tracking progress
towards attainment of critical outcomes
for the State.
``(II) Coordination.--Selection of
performance targets by a State shall be
coordinated with the relevant
metropolitan planning organizations to
ensure consistency, to the maximum
extent practicable.
``(ii) Public transportation performance
targets.--In urbanized areas not represented by a
metropolitan planning organization, selection of
performance targets by a State shall be
coordinated, to the maximum extent practicable,
with providers of public transportation to ensure
consistency with sections 5326(c) and 5329(d) of
title 49.
``(C) Integration of other performance-based
plans.--A State shall integrate into the statewide
transportation planning process, directly or by
reference, the goals, objectives, performance measures,
and targets described in this paragraph, in other State
transportation plans and transportation processes, as
well as any plans developed pursuant to chapter 53 of
title 49 by providers of public transportation in
urbanized areas not represented by a metropolitan
planning organization required as part of a performance-
based program.
``(D) Use of performance measures and targets.--The
performance measures and targets established under this
paragraph shall be considered by a State when developing
policies, programs, and investment priorities reflected
in the statewide transportation plan and statewide
transportation improvement program.
[[Page 126 STAT. 517]]
``(3) Failure to consider factors.--The failure to take into
consideration the factors specified in paragraphs (1) and (2)
shall not be subject to review by any court under this title,
chapter 53 of title 49, subchapter II of chapter 5 of title 5,
or chapter 7 of title 5 in any matter affecting a statewide
transportation plan, a statewide transportation improvement
program, a project or strategy, or the certification of a
planning process.
``(e) Additional Requirements.--In carrying out planning under this
section, each State shall, at a minimum--
``(1) with respect to nonmetropolitan areas, cooperate with
affected local officials with responsibility for transportation
or, if applicable, through regional transportation planning
organizations described in subsection (m);
``(2) consider the concerns of Indian tribal governments and
Federal land management agencies that have jurisdiction over
land within the boundaries of the State; and
``(3) consider coordination of transportation plans, the
transportation improvement program, and planning activities with
related planning activities being carried out outside of
metropolitan planning areas and between States.
``(f) Long-range Statewide Transportation Plan.--
``(1) Development.--Each State shall develop a long-range
statewide transportation plan, with a minimum 20-year forecast
period for all areas of the State, that provides for the
development and implementation of the intermodal transportation
system of the State.
``(2) Consultation with governments.--
``(A) Metropolitan areas.--The statewide
transportation plan shall be developed for each
metropolitan area in the State in cooperation with the
metropolitan planning organization designated for the
metropolitan area under section 134.
``(B) Nonmetropolitan areas.--
``(i) In general.--With respect to
nonmetropolitan areas, the statewide
transportation plan shall be developed in
cooperation with affected nonmetropolitan
officials with responsibility for transportation
or, if applicable, through regional transportation
planning organizations described in subsection
(m).
``(ii) Role of secretary.--The Secretary shall
not review or approve the consultation process in
each State.
``(C) Indian tribal areas.--With respect to each
area of the State under the jurisdiction of an Indian
tribal government, the statewide transportation plan
shall be developed in consultation with the tribal
government and the Secretary of the Interior.
``(D) Consultation, comparison, and consideration.--
``(i) In general.--The long-range
transportation plan shall be developed, as
appropriate, in consultation with State, tribal,
and local agencies responsible for land use
management, natural resources, environmental
protection, conservation, and historic
preservation.
[[Page 126 STAT. 518]]
``(ii) Comparison and consideration.--
Consultation under clause (i) shall involve
comparison of transportation plans to State and
tribal conservation plans or maps, if available,
and comparison of transportation plans to
inventories of natural or historic resources, if
available.
``(3) Participation by interested parties.--
``(A) In general.--In developing the statewide
transportation plan, the State shall provide to--
``(i) nonmetropolitan local elected officials
or, if applicable, through regional transportation
planning organizations described in subsection
(m), an opportunity to participate in accordance
with subparagraph (B)(i); and
``(ii) citizens, affected public agencies,
representatives of public transportation
employees, freight shippers, private providers of
transportation, representatives of users of public
transportation, representatives of users of
pedestrian walkways and bicycle transportation
facilities, representatives of the disabled,
providers of freight transportation services, and
other interested parties a reasonable opportunity
to comment on the proposed plan.
``(B) Methods.--In carrying out subparagraph (A),
the State shall, to the maximum extent practicable--
``(i) develop and document a consultative
process to carry out subparagraph (A)(i) that is
separate and discrete from the public involvement
process developed under clause (ii);
``(ii) hold any public meetings at convenient
and accessible locations and times;
``(iii) employ visualization techniques to
describe plans; and
``(iv) make public information available in
electronically accessible format and means, such
as the World Wide Web, as appropriate to afford
reasonable opportunity for consideration of public
information under subparagraph (A).
``(4) Mitigation activities.--
``(A) In general.--A long-range transportation plan
shall include a discussion of potential environmental
mitigation activities and potential areas to carry out
these activities, including activities that may have the
greatest potential to restore and maintain the
environmental functions affected by the plan.
``(B) Consultation.--The discussion shall be
developed in consultation with Federal, State, and
tribal wildlife, land management, and regulatory
agencies.
``(5) Financial plan.--The statewide transportation plan may
include--
``(A) a financial plan that--
``(i) demonstrates how the adopted statewide
transportation plan can be implemented;
``(ii) indicates resources from public and
private sources that are reasonably expected to be
made available to carry out the plan; and
[[Page 126 STAT. 519]]
``(iii) recommends any additional financing
strategies for needed projects and programs; and
``(B) for illustrative purposes, additional projects
that would be included in the adopted statewide
transportation plan if reasonable additional resources
beyond those identified in the financial plan were
available.
``(6) Selection of projects from illustrative list.--A State
shall not be required to select any project from the
illustrative list of additional projects included in the
financial plan described in paragraph (5).
``(7) Performance-based approach.--The statewide
transportation plan should include--
``(A) a description of the performance measures and
performance targets used in assessing the performance of
the transportation system in accordance with subsection
(d)(2); and
``(B) a system performance report and subsequent
updates evaluating the condition and performance of the
transportation system with respect to the performance
targets described in subsection (d)(2), including
progress achieved by the metropolitan planning
organization in meeting the performance targets in
comparison with system performance recorded in previous
reports;
``(8) Existing system.--The statewide transportation plan
should include capital, operations and management strategies,
investments, procedures, and other measures to ensure the
preservation and most efficient use of the existing
transportation system.
``(9) Publication of long-range transportation plans.--Each
long-range transportation plan prepared by a State shall be
published or otherwise made available, including (to the maximum
extent practicable) in electronically accessible formats and
means, such as the World Wide Web.
``(g) Statewide Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--Each State shall develop a
statewide transportation improvement program for all
areas of the State.
``(B) <<NOTE: Time period. Deadline.>> Duration and
updating of program.--Each program developed under
subparagraph (A) shall cover a period of 4 years and
shall be updated every 4 years or more frequently if the
Governor of the State elects to update more frequently.
``(2) Consultation with governments.--
``(A) Metropolitan areas.--With respect to each
metropolitan area in the State, the program shall be
developed in cooperation with the metropolitan planning
organization designated for the metropolitan area under
section 134.
``(B) Nonmetropolitan areas.--
``(i) In general.--With respect to each
nonmetropolitan area in the State, the program
shall be developed in consultation with affected
nonmetropolitan local officials with
responsibility for transportation or, if
applicable, through regional transportation
planning organizations described in subsection
(m).
[[Page 126 STAT. 520]]
``(ii) Role of secretary.--The Secretary shall
not review or approve the specific consultation
process in the State.
``(C) Indian tribal areas.--With respect to each
area of the State under the jurisdiction of an Indian
tribal government, the program shall be developed in
consultation with the tribal government and the
Secretary of the Interior.
``(3) Participation by interested parties.--In developing
the program, the State shall provide citizens, affected public
agencies, representatives of public transportation employees,
freight shippers, private providers of transportation, 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.
``(4) Performance target achievement.--A statewide
transportation improvement program shall include, to the maximum
extent practicable, a discussion of the anticipated effect of
the statewide transportation improvement program toward
achieving the performance targets established in the statewide
transportation plan, linking investment priorities to those
performance targets.
``(5) Included projects.--
``(A) In general.--A transportation improvement
program developed under this subsection for a State
shall include Federally supported surface transportation
expenditures within the boundaries of the State.
``(B) Listing of projects.--
``(i) In general.--An annual listing of
projects for which funds have been obligated for
the preceding year in each metropolitan planning
area shall be published or otherwise made
available by the cooperative effort of the State,
transit operator, and the metropolitan planning
organization for public review.
``(ii) Funding categories.--The listing
described in clause (i) shall be consistent with
the funding categories identified in each
metropolitan transportation improvement program.
``(C) Projects under chapter 2.--
``(i) Regionally significant projects.--
Regionally significant projects proposed for
funding under chapter 2 shall be identified
individually in the transportation improvement
program.
``(ii) Other projects.--Projects proposed for
funding under chapter 2 that are not determined to
be regionally significant shall be grouped in 1
line item or identified individually in the
transportation improvement program.
``(D) Consistency with statewide transportation
plan.--Each project shall be--
``(i) consistent with the statewide
transportation plan developed under this section
for the State;
``(ii) identical to the project or phase of
the project as described in an approved
metropolitan transportation plan; and
[[Page 126 STAT. 521]]
``(iii) in conformance with the applicable
State air quality implementation plan developed
under the Clean Air Act (42 U.S.C. 7401 et seq.),
if the project is carried out in an area
designated as a nonattainment area for ozone,
particulate matter, or carbon monoxide under part
D of title I of that Act (42 U.S.C. 7501 et seq.).
``(E) Requirement of anticipated full funding.--The
transportation improvement program shall include a
project, or an identified phase of a project, only if
full funding can reasonably be anticipated to be
available for the project within the time period
contemplated for completion of the project.
``(F) Financial plan.--
``(i) In general.--The transportation
improvement program may include a financial plan
that demonstrates how the approved transportation
improvement program can be implemented, indicates
resources from public and private sources that are
reasonably expected to be made available to carry
out the transportation improvement program, and
recommends any additional financing strategies for
needed projects and programs.
``(ii) Additional projects.--The financial
plan may include, for illustrative purposes,
additional projects that would be included in the
adopted transportation plan if reasonable
additional resources beyond those identified in
the financial plan were available.
``(G) Selection of projects from illustrative
list.--
``(i) No required selection.--Notwithstanding
subparagraph (F), a State shall not be required to
select any project from the illustrative list of
additional projects included in the financial plan
under subparagraph (F).
``(ii) Required action by the secretary.--
Action by the Secretary shall be required for a
State to select any project from the illustrative
list of additional projects included in the
financial plan under subparagraph (F) for
inclusion in an approved transportation
improvement program.
``(H) Priorities.--The transportation improvement
program shall reflect the priorities for programming and
expenditures of funds, including transportation
enhancement activities, required by this title and
chapter 53 of title 49.
``(6) Project selection for areas of less than 50,000
population.--
``(A) In general.--Projects carried out in areas
with populations of less than 50,000 individuals shall
be selected, from the approved transportation
improvement program (excluding projects carried out on
the National Highway System and projects carried out
under the bridge program or the Interstate maintenance
program under this title or under sections 5310 and 5311
of title 49), by the State in cooperation with the
affected nonmetropolitan local
[[Page 126 STAT. 522]]
officials with responsibility for transportation or, if
applicable, through regional transportation planning
organizations described in subsection (m).
``(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, and 5317 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.
``(7) <<NOTE: Time period.>> Transportation improvement
program approval.--Every 4 years, a transportation improvement
program developed under this subsection shall be reviewed and
approved by the Secretary if based on a current planning
finding.
``(8) Planning finding.--A finding shall be made by the
Secretary at least every 4 years that the transportation
planning process through which statewide transportation plans
and programs are developed is consistent with this section and
section 134.
``(9) Modifications to project priority.--Notwithstanding
any other provision of law, action by the Secretary shall not be
required to advance a project included in the approved
transportation improvement program in place of another project
in the program.
``(h) Performance-based Planning Processes Evaluation.--
``(1) <<NOTE: Criteria.>> In general.--The Secretary shall
establish criteria to evaluate the effectiveness of the
performance-based planning processes of States, taking into
consideration the following:
``(A) The extent to which the State is making
progress toward achieving, the performance targets
described in subsection (d)(2), taking into account
whether the State developed appropriate performance
targets.
``(B) The extent to which the State has made
transportation investments that are efficient and cost-
effective.
``(C) The extent to which the State--
``(i) has developed an investment process that
relies on public input and awareness to ensure
that investments are transparent and accountable;
and
``(ii) provides reports allowing the public to
access the information being collected in a format
that allows the public to meaningfully assess the
performance of the State.
``(2) Report.--
``(A) In general.--Not later than 5 years after the
date of enactment of the MAP-21, the Secretary shall
submit to Congress a report evaluating--
``(i) the overall effectiveness of
performance-based planning as a tool for guiding
transportation investments; and
``(ii) the effectiveness of the performance-
based planning process of each State.
``(B) <<NOTE: Web posting.>> Publication.--The
report under subparagraph (A) shall be published or
otherwise made available in electronically accessible
formats and means, including on the Internet.
[[Page 126 STAT. 523]]
``(i) Funding.--Funds apportioned under section 104(b)(5) of this
title and set aside under section 5305(g) of title 49 shall be available
to carry out this section.
``(j) Treatment of Certain State Laws as Congestion Management
Processes.--For purposes of this section and section 134, and sections
5303 and 5304 of title 49, State laws, rules, or regulations pertaining
to congestion management systems or programs may constitute the
congestion management process under this section and section 134, and
sections 5303 and 5304 of title 49, if the Secretary finds that the
State laws, rules, or regulations are consistent with, and fulfill the
intent of, the purposes of this section and section 134 and sections
5303 and 5304 of title 49, as appropriate.
``(k) Continuation of Current Review Practice.--Since the statewide
transportation plan and the transportation improvement program described
in this section are subject to a reasonable opportunity for public
comment, since individual projects included in the statewide
transportation plans and the transportation improvement program are
subject to review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), and since decisions by the Secretary
concerning statewide transportation plans or the transportation
improvement program described in this section have not been reviewed
under that Act as of January 1, 1997, any decision by the Secretary
concerning a metropolitan or statewide transportation plan or the
transportation improvement program described in this section shall not
be considered to be a Federal action subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(l) <<NOTE: Guidance.>> Schedule for Implementation.--The
Secretary shall issue guidance on a schedule for implementation of the
changes made by this section, taking into consideration the established
planning update cycle for States. The Secretary shall not require a
State to deviate from its established planning update cycle to implement
changes made by this section. <<NOTE: Deadline.>> States shall reflect
changes made to their transportation plan or transportation improvement
program updates not later than 2 years after the date of issuance of
guidance by the Secretary under this subsection.
``(m) Designation of Regional Transportation Planning
Organizations.--
``(1) In general.--To carry out the transportation planning
process required by this section, a State may establish and
designate regional transportation planning organizations to
enhance the planning, coordination, and implementation of
statewide strategic long-range transportation plans and
transportation improvement programs, with an emphasis on
addressing the needs of nonmetropolitan areas of the State.
``(2) Structure.--A regional transportation planning
organization shall be established as a multijurisdictional
organization of nonmetropolitan local officials or their
designees who volunteer for such organization and
representatives of local transportation systems who volunteer
for such organization.
``(3) Requirements.--A regional transportation planning
organization shall establish, at a minimum--
``(A) a policy committee, the majority of which
shall consist of nonmetropolitan local officials, or
their designees, and, as appropriate, additional
representatives from the
[[Page 126 STAT. 524]]
State, private business, transportation service
providers, economic development practitioners, and the
public in the region; and
``(B) a fiscal and administrative agent, such as an
existing regional planning and development organization,
to provide professional planning, management, and
administrative support.
``(4) Duties.--The duties of a regional transportation
planning organization shall include--
``(A) developing and maintaining, in cooperation
with the State, regional long-range multimodal
transportation plans;
``(B) developing a regional transportation
improvement program for consideration by the State;
``(C) fostering the coordination of local planning,
land use, and economic development plans with State,
regional, and local transportation plans and programs;
``(D) providing technical assistance to local
officials;
``(E) participating in national, multistate, and
State policy and planning development processes to
ensure the regional and local input of nonmetropolitan
areas;
``(F) providing a forum for public participation in
the statewide and regional transportation planning
processes;
``(G) considering and sharing plans and programs
with neighboring regional transportation planning
organizations, metropolitan planning organizations, and,
where appropriate, tribal organizations; and
``(H) conducting other duties, as necessary, to
support and enhance the statewide planning process under
subsection (d).
``(5) States without regional transportation planning
organizations.--If a State chooses not to establish or designate
a regional transportation planning organization, the State shall
consult with affected nonmetropolitan local officials to
determine projects that may be of regional significance.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
135 and inserting the following:
``135. Statewide and nonmetropolitan transportation planning.''.
SEC. 1203. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.
(a) In General.--Section 150 of title 23, United States Code, is
amended to read as follows:
``Sec. 150. National goals and performance management measures
``(a) Declaration of Policy.--Performance management will transform
the Federal-aid highway program and provide a means to the most
efficient investment of Federal transportation funds by refocusing on
national transportation goals, increasing the accountability and
transparency of the Federal-aid highway program, and improving project
decisionmaking through performance-based planning and programming.
``(b) National Goals.--It is in the interest of the United States to
focus the Federal-aid highway program on the following national goals:
[[Page 126 STAT. 525]]
``(1) Safety.--To achieve a significant reduction in traffic
fatalities and serious injuries on all public roads.
``(2) Infrastructure condition.--To maintain the highway
infrastructure asset system in a state of good repair.
``(3) Congestion reduction.--To achieve a significant
reduction in congestion on the National Highway System.
``(4) System reliability.--To improve the efficiency of the
surface transportation system.
``(5) Freight movement and economic vitality.--To improve
the national freight network, strengthen the ability of rural
communities to access national and international trade markets,
and support regional economic development.
``(6) Environmental sustainability.--To enhance the
performance of the transportation system while protecting and
enhancing the natural environment.
``(7) Reduced project delivery delays.--To reduce project
costs, promote jobs and the economy, and expedite the movement
of people and goods by accelerating project completion through
eliminating delays in the project development and delivery
process, including reducing regulatory burdens and improving
agencies' work practices.
``(c) Establishment of Performance Measures.--
``(1) <<NOTE: Deadline. Regulations.>> In general.--Not
later than 18 months after the date of enactment of the MAP-21,
the Secretary, in consultation with State departments of
transportation, metropolitan planning organizations, and other
stakeholders, shall promulgate a rulemaking that establishes
performance measures and standards.
``(2) Administration.--In carrying out paragraph (1), the
Secretary shall--
``(A) provide States, metropolitan planning
organizations, and other stakeholders not less than 90
days to comment on any regulation proposed by the
Secretary under that paragraph;
``(B) take into consideration any comments relating
to a proposed regulation received during that comment
period; and
``(C) limit performance measures only to those
described in this subsection.
``(3) National highway performance program.--
``(A) In general.--Subject to subparagraph (B), for
the purpose of carrying out section 119, the Secretary
shall establish--
``(i) <<NOTE: Standards.>> minimum standards
for States to use in developing and operating
bridge and pavement management systems;
``(ii) measures for States to use to assess--
``(I) the condition of pavements on
the Interstate system;
``(II) the condition of pavements on
the National Highway System (excluding
the Interstate);
``(III) the condition of bridges on
the National Highway System;
``(IV) the performance of the
Interstate System; and
[[Page 126 STAT. 526]]
``(V) the performance of the
National Highway System (excluding the
Interstate System);
``(iii) minimum levels for the condition of
pavement on the Interstate System, only for the
purposes of carrying out section 119(f)(1); and
``(iv) the data elements that are necessary to
collect and maintain standardized data to carry
out a performance-based approach.
``(B) Regions.--In establishing minimum condition
levels under subparagraph (A)(iii), if the Secretary
determines that various geographic regions of the United
States experience disparate factors contributing to the
condition of pavement on the Interstate System in those
regions, the Secretary may establish different minimum
levels for each region;
``(4) Highway safety improvement program.--For the purpose
of carrying out section 148, the Secretary shall establish
measures for States to use to assess--
``(A) serious injuries and fatalities per vehicle
mile traveled; and
``(B) the number of serious injuries and fatalities.
``(5) Congestion mitigation and air quality program.--For
the purpose of carrying out section 149, the Secretary shall
establish measures for States to use to assess--
``(A) traffic congestion; and
``(B) on-road mobile source emissions.
``(6) National freight movement.--The Secretary shall
establish measures for States to use to assess freight movement
on the Interstate System.
``(d) <<NOTE: Deadline.>> Establishment of Performance Targets.--
``(1) In general.--Not later than 1 year after the Secretary
has promulgated the final rulemaking under subsection (c), each
State shall set performance targets that reflect the measures
identified in paragraphs (3), (4), (5), and (6) of subsection
(c).
``(2) Different approaches for urban and rural areas.--In
the development and implementation of any performance target, a
State may, as appropriate, provide for different performance
targets for urbanized and rural areas.
``(e) Reporting on Performance Targets.--Not later than 4 years
after the date of enactment of the MAP-21 and biennially thereafter, a
State shall submit to the Secretary a report that describes--
``(1) the condition and performance of the National Highway
System in the State;
``(2) the effectiveness of the investment strategy document
in the State asset management plan for the National Highway
System;
``(3) progress in achieving performance targets identified
under subsection (d); and
``(4) the ways in which the State is addressing congestion
at freight bottlenecks, including those identified in the
National Freight Strategic Plan, within the State.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
150 and inserting the following:
``150. National goals and performance management measures.''.
[[Page 126 STAT. 527]]
Subtitle C--Acceleration of Project Delivery
SEC. 1301. <<NOTE: 23 USC 101 note.>> DECLARATION OF POLICY AND
PROJECT DELIVERY INITIATIVE.
(a) In General.--It is the policy of the United States that--
(1) it is in the national interest for the Department, State
departments of transportation, transit agencies, and all other
recipients of Federal transportation funds--
(A) to accelerate project delivery and reduce costs;
and
(B) to ensure that the planning, design,
engineering, construction, and financing of
transportation projects is done in an efficient and
effective manner, promoting accountability for public
investments and encouraging greater private sector
involvement in project financing and delivery while
enhancing safety and protecting the environment;
(2) delay in the delivery of transportation projects
increases project costs, harms the economy of the United States,
and impedes the travel of the people of the United States and
the shipment of goods for the conduct of commerce; and
(3) the Secretary shall identify and promote the deployment
of innovation aimed at reducing the time and money required to
deliver transportation projects while enhancing safety and
protecting the environment.
(b) Project Delivery Initiative.--
(1) In general.--To advance the policy described in
subsection (a), the Secretary shall carry out a project delivery
initiative under this section.
(2) Purposes.--The purposes of the project delivery
initiative shall be--
(A) to develop and advance the use of best practices
to accelerate project delivery and reduce costs across
all modes of transportation and expedite the deployment
of technology and innovation;
(B) to implement provisions of law designed to
accelerate project delivery; and
(C) to select eligible projects for applying
experimental features to test innovative project
delivery techniques.
(3) Advancing the use of best practices.--
(A) In general.--In carrying out the initiative
under this section, the Secretary shall identify and
advance best practices to reduce delivery time and
project costs, from planning through construction, for
transportation projects and programs of projects
regardless of mode and project size.
(B) Administration.--To advance the use of best
practices, the Secretary shall--
(i) engage interested parties, affected
communities, resource agencies, and other
stakeholders to gather information regarding
opportunities for accelerating project delivery
and reducing costs;
(ii) establish a clearinghouse for the
collection, documentation, and advancement of
existing and new innovative approaches and best
practices;
[[Page 126 STAT. 528]]
(iii) disseminate information through a
variety of means to transportation stakeholders on
new innovative approaches and best practices; and
(iv) provide technical assistance to assist
transportation stakeholders in the use of
flexibility authority to resolve project delays
and accelerate project delivery if feasible.
(4) Implementation of accelerated project delivery.--The
Secretary shall ensure that the provisions of this subtitle
designed to accelerate project delivery are fully implemented,
including--
(A) expanding eligibility of early acquisition of
property prior to completion of environmental review
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(B) allowing the use of the construction manager or
general contractor method of contracting in the Federal-
aid highway system; and
(C) establishing a demonstration program to
streamline the relocation process by permitting a lump-
sum payment for acquisition and relocation if elected by
the displaced occupant.
(c) Expedited Project Delivery.--Section 101(b) of title 23, United
States Code, is amended by adding at the end the following:
``(4) Expedited project delivery.--
``(A) In general.--Congress declares that it is in
the national interest to expedite the delivery of
surface transportation projects by substantially
reducing the average length of the environmental review
process.
``(B) Policy of the united states.--Accordingly, it
is the policy of the United States that--
``(i) the Secretary shall have the lead role
among Federal agencies in carrying out the
environmental review process for surface
transportation projects;
``(ii) each Federal agency shall cooperate
with the Secretary to expedite the environmental
review process for surface transportation
projects;
``(iii) project sponsors shall not be
prohibited from carrying out preconstruction
project development activities concurrently with
the environmental review process;
``(iv) programmatic approaches shall be used
to reduce the need for project-by-project reviews
and decisions by Federal agencies; and
``(v) the Secretary shall identify
opportunities for project sponsors to assume
responsibilities of the Secretary where such
responsibilities can be assumed in a manner that
protects public health, the environment, and
public participation.''.
SEC. 1302. ADVANCE ACQUISITION OF REAL PROPERTY INTERESTS.
(a) Real Property Interests.--Section 108 of title 23, United States
Code, is amended--
(1) by striking ``real property'' each place it appears and
inserting ``real property interests'';
(2) by striking ``right-of-way'' each place it appears and
inserting ``real property interest''; and
[[Page 126 STAT. 529]]
(3) by striking ``rights-of-way'' each place it appears and
inserting ``real property interests''.
(b) State-funded Early Acquisition of Real Property Interests.--
Section 108(c) of title 23, United States Code, is amended--
(1) in the subsection heading, by striking ``Early
Acquisition of Rights-of-way'' and inserting ``State-funded
Early Acquisition of Real Property Interests'';
(2) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(3) in paragraph (2) (as so redesignated)--
(A) in the heading, by striking ``General rule'' and
inserting ``Eligibility for reimbursement''; and
(B) by striking ``Subject to paragraph (2)'' and
inserting ``Subject to paragraph (3)'';
(4) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) In general.--A State may carry out, at the expense of
the State, acquisitions of interests in real property for a
project before completion of the review process required for the
project under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) without affecting subsequent approvals
required for the project by the State or any Federal agency.'';
and
(5) in paragraph (3) (as so redesignated)--
(A) in the matter preceding subparagraph (A), by
striking ``in paragraph (1)'' and inserting ``in
paragraph (2)''; and
(B) in subparagraph (G), by striking ``both the
Secretary and the Administrator of the Environmental
Protection Agency have concurred'' and inserting ``the
Secretary has determined''.
(c) Federally Funded Acquisition of Real Property Interests.--
Section 108 of title 23, United States Code, is amended by adding at the
end the following:
``(d) Federally Funded Early Acquisition of Real Property
Interests.--
``(1) Definition of acquisition of a real property
interest.--In this subsection, the term `acquisition of a real
property interest' includes the acquisition of--
``(A) any interest in land;
``(B) a contractual right to acquire any interest in
land; or
``(C) any other similar action to acquire or
preserve rights-of-way for a transportation facility.
``(2) Authorization.--The Secretary may authorize the use of
funds apportioned to a State under this title for the
acquisition of a real property interest by a State.
``(3) State certification.--A State requesting Federal
funding for an acquisition of a real property interest shall
certify in writing, with concurrence by the Secretary, that--
``(A) the State has authority to acquire the real
property interest under State law; and
``(B) the acquisition of the real property
interest--
``(i) is for a transportation purpose;
``(ii) will not cause any significant adverse
environmental impact;
[[Page 126 STAT. 530]]
``(iii) will not limit the choice of
reasonable alternatives for the project or
otherwise influence the decision of the Secretary
on any approval required for the project;
``(iv) does not prevent the lead agency from
making an impartial decision as to whether to
accept an alternative that is being considered in
the environmental review process;
``(v) is consistent with the State
transportation planning process under section 135;
``(vi) complies with other applicable Federal
laws (including regulations);
``(vii) will be acquired through negotiation,
without the threat of condemnation; and
``(viii) will not result in a reduction or
elimination of benefits or assistance to a
displaced person required by the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4601
et seq.) and title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.).
``(4) Environmental compliance.--
``(A) In general.--Before authorizing Federal
funding for an acquisition of a real property interest,
the Secretary shall complete the review process under
the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) with respect to the acquisition of the
real property interest.
``(B) Independent utility.--The acquisition of a
real property interest--
``(i) shall be treated as having independent
utility for purposes of the review process under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
``(ii) shall not limit consideration of
alternatives for future transportation
improvements with respect to the real property
interest.
``(5) Programming.--
``(A) In general.--The acquisition of a real
property interest for which Federal funding is requested
shall be included as a project in an applicable
transportation improvement program under sections 134
and 135 and sections 5303 and 5304 of title 49.
``(B) Acquisition project.--The acquisition project
may consist of the acquisition of a specific parcel, a
portion of a transportation corridor, or an entire
transportation corridor.
``(6) Development.--Real property interests acquired under
this subsection may not be developed in anticipation of a
project until all required environmental reviews for the project
have been completed.
``(7) Reimbursement.--If Federal-aid reimbursement is made
for real property interests acquired early under this section
and the real property interests are not subsequently
incorporated into a project eligible for surface transportation
funds within the time allowed by subsection (a)(2), the
Secretary shall offset the amount reimbursed against funds
apportioned to the State.
``(8) Other requirements and conditions.--
[[Page 126 STAT. 531]]
``(A) Applicable law.--The acquisition of a real
property interest shall be carried out in compliance
with all requirements applicable to the acquisition of
real property interests for federally funded
transportation projects.
``(B) Additional conditions.--The Secretary may
establish such other conditions or restrictions on
acquisitions under this subsection as the Secretary
determines to be appropriate.''.
SEC. 1303. LETTING OF CONTRACTS.
(a) Efficiencies in Contracting.--Section 112(b) of title 23, United
States Code, is amended by adding at the end the following:
``(4) Method of contracting.--
``(A) In general.--
``(i) 2-phase contract.--A contracting agency
may award a 2-phase contract to a construction
manager or general contractor for preconstruction
and construction services.
``(ii) Preconstruction services phase.--In the
preconstruction services phase of a contract under
this paragraph, the contractor shall provide the
contracting agency with advice for scheduling,
work sequencing, cost engineering,
constructability, cost estimating, and risk
identification.
``(iii) Agreement.--Prior to the start of the
construction services phase, the contracting
agency and the contractor may agree to a price and
other factors specified in regulation for the
construction of the project or a portion of the
project.
``(iv) Construction phase.--If an agreement is
reached under clause (iii), the contractor shall
be responsible for the construction of the project
or portion of the project at the negotiated price
and in compliance with the other factors specified
in the agreement.
``(B) Selection.--A contract shall be awarded to a
contractor under this paragraph using a competitive
selection process based on qualifications, experience,
best value, or any other combination of factors
considered appropriate by the contracting agency.
``(C) Timing.--
``(i) Relationship to nepa process.--Prior to
the completion of the environmental review process
required under section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332),
a contracting agency may--
``(I) issue requests for proposals;
``(II) proceed with the award of a
contract for preconstruction services
under subparagraph (A)(ii); and
``(III) issue notices to proceed
with a preliminary design and any work
related to preliminary design, to the
extent that those actions do not limit
any reasonable range of alternatives.
``(ii) Construction services phase.--A
contracting agency shall not proceed with the
award of the construction services phase of a
contract under subparagraph (A)(iv) and shall not
proceed, or permit
[[Page 126 STAT. 532]]
any consultant or contractor to proceed, with
final design or construction until completion of
the environmental review process required under
section 102 of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332).
``(iii) Approval requirement.--Prior to
authorizing construction activities, the Secretary
shall approve--
``(I) the price estimate of the
contracting agency for the entire
project; and
``(II) any price agreement with the
general contractor for the project or a
portion of the project.
``(iv) Design activities.--
``(I) In general.--A contracting
agency may proceed, at the expense of
the contracting agency, with design
activities at any level of detail for a
project before completion of the review
process required for the project under
the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) without
affecting subsequent approvals required
for the project.
``(II) Reimbursement.--Design
activities carried out under subclause
(I) shall be eligible for Federal
reimbursement as a project expense in
accordance with the requirements under
section 109(r).
``(v) Termination provision.--The Secretary
shall require a contract to include an appropriate
termination provision in the event that a no-build
alternative is selected.''.
(b) <<NOTE: 23 USC 112 note.>> Regulations.--The Secretary shall
promulgate such regulations as are necessary to carry out the amendment
made by subsection (a).
(c) <<NOTE: 23 USC 112 note.>> Effect on Experimental Program.--
Nothing in this section or the amendment made by this section affects
the authority to carry out, or any project carried out under, any
experimental program concerning construction manager risk that is being
carried out by the Secretary as of the date of enactment of this Act.
SEC. 1304. INNOVATIVE PROJECT DELIVERY METHODS.
(a) <<NOTE: 23 USC 101 note.>> Declaration of Policy.--
(1) In general.--Congress declares that it is in the
national interest to promote the use of innovative technologies
and practices that increase the efficiency of construction of,
improve the safety of, and extend the service life of highways
and bridges.
(2) Inclusions.--The innovative technologies and practices
described in paragraph (1) include state-of-the-art intelligent
transportation system technologies, elevated performance
standards, and new highway construction business practices that
improve highway safety and quality, accelerate project delivery,
and reduce congestion related to highway construction.
(b) Federal Share.--Section 120(c) of title 23, United States Code,
is amended by adding at the end the following:
``(3) Innovative project delivery.--
``(A) In general.--Except as provided in
subparagraph (C), the Federal share payable on account
of a project,
[[Page 126 STAT. 533]]
program, or activity carried out with funds apportioned
under paragraph (1), (2), or (5) of section 104(b) may,
at the discretion of the State, be up to 100 percent for
any such project, program, or activity that the
Secretary determines--
``(i) contains innovative project delivery
methods that improve work zone safety for
motorists or workers and the quality of the
facility;
``(ii) contains innovative technologies,
manufacturing processes, financing, or contracting
methods that improve the quality of, extend the
service life of, or decrease the long-term costs
of maintaining highways and bridges;
``(iii) accelerates project delivery while
complying with other applicable Federal laws
(including regulations) and not causing any
significant adverse environmental impact; or
``(iv) reduces congestion related to highway
construction.
``(B) Examples.--Projects, programs, and activities
described in subparagraph (A) may include the use of--
``(i) prefabricated bridge elements and
systems and other technologies to reduce bridge
construction time;
``(ii) innovative construction equipment,
materials, or techniques, including the use of in-
place recycling technology and digital 3-
dimensional modeling technologies;
``(iii) innovative contracting methods,
including the design-build and the construction
manager-general contractor contracting methods;
``(iv) intelligent compaction equipment; or
``(v) contractual provisions that offer a
contractor an incentive payment for early
completion of the project, program, or activity,
subject to the condition that the incentives are
accounted for in the financial plan of the
project, when applicable.
``(C) Limitations.--
``(i) In general.--In each fiscal year, a
State may use the authority under subparagraph (A)
for up to 10 percent of the combined
apportionments of the State under paragraphs (1),
(2), and (5) of section 104(b).
``(ii) Federal share increase.--The Federal
share payable on account of a project, program, or
activity described in subparagraph (A) may be
increased by up to 5 percent of the total project
cost.''.
SEC. 1305. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT
DECISIONMAKING.
(a) Flexibility.--Section 139(b) of title 23, United States Code, is
amended--
(1) in paragraph (2) by inserting ``, and any requirements
established under this section may be satisfied,'' after
``exercised''; and
(2) by adding at the end the following:
``(3) Programmatic compliance.--
[[Page 126 STAT. 534]]
``(A) <<NOTE: Regulations.>> In general.--The
Secretary shall initiate a rulemaking to allow for the
use of programmatic approaches to conduct environmental
reviews that--
``(i) eliminate repetitive discussions of the
same issues;
``(ii) focus on the actual issues ripe for
analyses at each level of review; and
``(iii) are consistent with--
``(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
``(II) other applicable laws.
``(B) Requirements.--In carrying out subparagraph
(A), the Secretary shall--
``(i) <<NOTE: Consultation.>> before
initiating the rulemaking under that subparagraph,
consult with relevant Federal agencies and State
resource agencies, State departments of
transportation, Indian tribes, and the public on
the appropriate use and scope of the programmatic
approaches;
``(ii) emphasize the importance of
collaboration among relevant Federal agencies,
State agencies, and Indian tribes in undertaking
programmatic reviews, especially with respect to
including reviews with a broad geographic scope;
``(iii) ensure that the programmatic reviews--
``(I) promote transparency,
including of the analyses and data used
in the environmental reviews, the
treatment of any deferred issues raised
by agencies or the public, and the
temporal and special scales to be used
to analyze such issues;
``(II) use accurate and timely
information in reviews, including--
``(aa) criteria for
determining the general duration
of the usefulness of the review;
and
``(bb) the timeline for
updating any out-of-date review;
``(III) describe--
``(aa) the relationship
between programmatic analysis
and future tiered analysis; and
``(bb) the role of the
public in the creation of future
tiered analysis; and
``(IV) are available to other
relevant Federal and State agencies,
Indian tribes, and the public;
``(iv) <<NOTE: Time period. Public notice and
comments.>> allow not fewer than 60 days of public
notice and comment on any proposed rule; and
``(v) address any comments received under
clause (iv).''.
(b) Federal Lead Agency.--Section 139(c) of title 23, United States
Code, is amended--
(1) in paragraph (1)--
(A) by striking ``The Department of Transportation''
and inserting the following:
``(A) In general.--The Department of
Transportation''; and
(B) by adding at the end the following:
[[Page 126 STAT. 535]]
``(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.''.
(c) Participating Agencies.--Section 139(d) of title 23, United
States Code, is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) Effect of designation.--
``(A) Requirement.--A participating agency shall
comply with the requirements of this section.
``(B) Implication.--Designation as a participating
agency under this subsection shall not imply that the
participating agency--
``(i) supports a proposed project; or
``(ii) has any jurisdiction over, or special
expertise with respect to evaluation of, the
project.''; and
(2) by striking paragraph (7) and inserting the following:
``(7) Concurrent reviews.--Each participating agency and
cooperating agency shall--
``(A) carry out the obligations of that agency under
other applicable law concurrently, and in conjunction,
with the review required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), unless doing so would impair the ability of the
Federal agency to conduct needed analysis or otherwise
carry out those obligations; and
``(B) formulate and implement administrative,
policy, and procedural mechanisms to enable the agency
to ensure completion of the environmental review process
in a timely, coordinated, and environmentally
responsible manner.''.
(d) Project Initiation.--Section 139(e) of title 23, United States
Code, is amended--
(1) by striking ``The project sponsor'' and inserting the
following:
``(1) In general.--The project sponsor''; and
(2) by adding at the end the following:
``(2) <<NOTE: Federal Register, publication.>> Submission of
documents.--The project sponsor may satisfy the requirement
under paragraph (1) by submitting to the Secretary any relevant
documents containing the information described in that
paragraph, including a draft notice for publication in the
Federal Register announcing the preparation of an environmental
review for the project.''.
(e) Coordination and Scheduling.--Section 139(g)(1)(B)(i) of title
23, United States Code, is amended by inserting ``and the concurrence
of'' after ``consultation with''.
SEC. 1306. ACCELERATED DECISIONMAKING.
Section 139(h) of title 23, United States Code, is amended by
striking paragraph (4) and inserting the following:
``(4) Interim decision on achieving accelerated
decisionmaking.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 30 days after the close of the public comment
period on a draft environmental impact statement, the
Secretary may convene a meeting with the project
sponsor, lead agency, resource agencies,
[[Page 126 STAT. 536]]
and any relevant State agencies to ensure that all
parties are on schedule to meet deadlines for decisions
to be made regarding the project.
``(B) Deadlines.--The deadlines referred to in
subparagraph (A) shall be those established under
subsection (g), or any other deadlines established by
the lead agency, in consultation with the project
sponsor and other relevant agencies.
``(C) Failure to assure.--If the relevant agencies
cannot provide reasonable assurances that the deadlines
described in subparagraph (B) will be met, the Secretary
may initiate the issue resolution and referral process
described under paragraph (5) and before the completion
of the record of decision.
``(5) Accelerated issue resolution and referral.--
``(A) Agency issue resolution meeting.--
``(i) In general.--A Federal agency of
jurisdiction, project sponsor, or the Governor of
a State in which a project is located may request
an issue resolution meeting to be conducted by the
lead agency.
``(ii) Action by lead agency.--The lead agency
shall convene an issue resolution meeting under
clause (i) with the relevant participating
agencies and the project sponsor, including the
Governor only if the meeting was requested by the
Governor, to resolve issues that could--
``(I) delay completion of the
environmental review process; or
``(II) result in denial of any
approvals required for the project under
applicable laws.
``(iii) <<NOTE: Deadline.>> Date.--A meeting
requested under this subparagraph shall be held by
not later than 21 days after the date of receipt
of the request for the meeting, unless the lead
agency determines that there is good cause to
extend the time for the meeting.
``(iv) Notification.--On receipt of a request
for a meeting under this subparagraph, the lead
agency shall notify all relevant participating
agencies of the request, including the issue to be
resolved, and the date for the meeting.
``(v) Disputes.--If a relevant participating
agency with jurisdiction over an approval required
for a project under applicable law determines that
the relevant information necessary to resolve the
issue has not been obtained and could not have
been obtained within a reasonable time, but the
lead agency disagrees, the resolution of the
dispute shall be forwarded to the heads of the
relevant agencies for resolution.
``(vi) Convention by lead agency.--A lead
agency may convene an issue resolution meeting
under this subsection at any time without the
request of the Federal agency of jurisdiction,
project sponsor, or the Governor of a State.
``(B) Elevation of issue resolution.--
``(i) <<NOTE: Deadline. Notification.>> In
general.--If issue resolution is not achieved by
not later than 30 days after the date of a
relevant meeting under subparagraph (A), the
[[Page 126 STAT. 537]]
Secretary shall notify the lead agency, the heads
of the relevant participating agencies, and the
project sponsor (including the Governor only if
the initial issue resolution meeting request came
from the Governor) that an issue resolution
meeting will be convened.
``(ii) <<NOTE: Meeting. Deadline.>> Requirements.--
The Secretary shall identify the issues to be
addressed at the meeting and convene the meeting
not later than 30 days after the date of issuance
of the notice.
``(C) Referral of issue resolution.--
``(i) Referral to council on environmental
quality.--
``(I) In general.--If resolution is
not achieved by not later than 30 days
after the date of an issue resolution
meeting under subparagraph (B), the
Secretary shall refer the matter to the
Council on Environmental Quality.
``(II) Meeting.--Not later than 30
days after the date of receipt of a
referral from the Secretary under
subclause (I), the Council on
Environmental Quality shall hold an
issue resolution meeting with the lead
agency, the heads of relevant
participating agencies, and the project
sponsor (including the Governor only if
an initial request for an issue
resolution meeting came from the
Governor).
``(ii) Referral to the president.--If a
resolution is not achieved by not later than 30
days after the date of the meeting convened by the
Council on Environmental Quality under clause
(i)(II), the Secretary shall refer the matter
directly to the President.
``(6) Financial penalty provisions.--
``(A) In general.--A Federal agency of jurisdiction
over an approval required for a project under applicable
laws shall complete any required approval on an
expeditious basis using the shortest existing applicable
process.
``(B) Failure to decide.--
``(i) In general.--If an agency described in
subparagraph (A) fails to render a decision under
any Federal law relating to a project that
requires the preparation of an environmental
impact statement or environmental assessment,
including the issuance or denial of a permit,
license, or other approval by the date described
in clause (ii), an amount of funding equal to the
amounts specified in subclause (I) or (II) shall
be rescinded from the applicable office of the
head of the agency, or equivalent office to which
the authority for rendering the decision has been
delegated by law by not later than 1 day after the
applicable date under clause (ii), and once each
week thereafter until a final decision is
rendered, subject to subparagraph (C)--
``(I) $20,000 for any project for
which an annual financial plan under
section 106(i) is required; or
``(II) $10,000 for any other project
requiring preparation of an
environmental assessment or
environmental impact statement.
[[Page 126 STAT. 538]]
``(ii) <<NOTE: Time period.>> Description of
date.--The date referred to in clause (i) is the
later of--
``(I) the date that is 180 days
after the date on which an application
for the permit, license, or approval is
complete; and
``(II) the date that is 180 days
after the date on which the Federal lead
agency issues a decision on the project
under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
``(C) Limitations.--
``(i) In general.--No rescission of funds
under subparagraph (B) relating to an individual
project shall exceed, in any fiscal year, an
amount equal to 2.5 percent of the funds made
available for the applicable agency office.
``(ii) <<NOTE: Deadline.>> Failure to
decide.--The total amount rescinded in a fiscal
year as a result of a failure by an agency to make
a decision by an applicable deadline shall not
exceed an amount equal to 7 percent of the funds
made available for the applicable agency office
for that fiscal year.
``(D) No fault of agency.--A rescission of funds
under this paragraph shall not be made if the lead
agency for the project certifies that--
``(i) the agency has not received necessary
information or approvals from another entity, such
as the project sponsor, in a manner that affects
the ability of the agency to meet any requirements
under State, local, or Federal law; or
``(ii) significant new information or
circumstances, including a major modification to
an aspect of the project, requires additional
analysis for the agency to make a decision on the
project application.
``(E) Limitation.--The Federal agency with
jurisdiction for the decision from which funds are
rescinded pursuant to this paragraph shall not reprogram
funds to the office of the head of the agency, or
equivalent office, to reimburse that office for the loss
of the funds.
``(F) Audits.--In any fiscal year in which any funds
are rescinded from a Federal agency pursuant to this
paragraph, the Inspector General of that agency shall--
``(i) conduct an audit to assess compliance
with the requirements of this paragraph; and
``(ii) not later than 120 days after the end
of the fiscal year during which the rescission
occurred, 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 describing the reasons
why the transfers were levied, including
allocations of resources.
``(G) Effect of paragraph.--Nothing in this
paragraph affects or limits the application of, or
obligation to comply with, any Federal, State, local, or
tribal law.
``(7) Expedient decisions and reviews.--To ensure that
Federal environmental decisions and reviews are expeditiously
made--
[[Page 126 STAT. 539]]
``(A) adequate resources made available under this
title shall be devoted to ensuring that applicable
environmental reviews under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) are
completed on an expeditious basis and that the shortest
existing applicable process under that Act is
implemented; and
``(B) <<NOTE: President. Deadline. Reports.>> the
President shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and
Public Works of the Senate, not less frequently than
once every 120 days after the date of enactment of the
MAP-21, a report on the status and progress of the
following projects and activities funded under this
title with respect to compliance with applicable
requirements under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.):
``(i) Projects and activities required to
prepare an annual financial plan under section
106(i).
``(ii) A sample of not less than 5 percent of
the projects requiring preparation of an
environmental impact statement or environmental
assessment in each State.''.
SEC. 1307. ASSISTANCE TO AFFECTED FEDERAL AND STATE AGENCIES.
Section 139(j) of title 23, United States Code, is amended by adding
at the end the following:
``(6) Memorandum of understanding.--Prior to providing funds
approved by the Secretary for dedicated staffing at an affected
Federal agency under paragraphs (1) and (2), the affected
Federal agency and the State agency shall enter into a
memorandum of understanding that establishes the projects and
priorities to be addressed by the use of the funds.''.
SEC. 1308. LIMITATIONS ON CLAIMS.
Section 139(l) of title 23, United States Code, is amended--
(1) in paragraph (1) by striking ``180 days'' and inserting
``150 days''; and
(2) in paragraph (2) by striking ``180 days'' and inserting
``150 days''.
SEC. 1309. ACCELERATING COMPLETION OF COMPLEX PROJECTS WITHIN 4
YEARS.
Section 139 of title 23, United States Code, is amended by adding at
the end the following:
``(m) Enhanced Technical Assistance and Accelerated Project
Completion.--
``(1) Definition of covered project.--In this subsection,
the term `covered project' means a project--
``(A) that has an ongoing environmental impact
statement under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.); and
``(B) for which at least 2 years, beginning on the
date on which a notice of intent is issued, have elapsed
without the issuance of a record of decision.
``(2) Technical assistance.--At the request of a project
sponsor or the Governor of a State in which a project is
located, the Secretary shall provide additional technical
assistance to
[[Page 126 STAT. 540]]
resolve for a covered project any outstanding issues and project
delay, including by--
``(A) providing additional staff, training, and
expertise;
``(B) facilitating interagency coordination;
``(C) promoting more efficient collaboration; and
``(D) supplying specialized onsite assistance.
``(3) Scope of work.--
``(A) In general.--In providing technical assistance
for a covered project under this subsection, the
Secretary shall establish a scope of work that describes
the actions that the Secretary will take to resolve the
outstanding issues and project delays, including
establishing a schedule under subparagraph (B).
``(B) Schedule.--
``(i) <<NOTE: Deadline.>> In general.--The
Secretary shall establish and meet a schedule for
the completion of any permit, approval, review, or
study, required for the covered project by the
date that is not later than 4 years after the date
on which a notice of intent for the covered
project is issued.
``(ii) Inclusions.--The schedule under clause
(i) shall--
``(I) comply with all applicable
laws;
``(II) require the concurrence of
the Council on Environmental Quality and
each participating agency for the
project with the State in which the
project is located or the project
sponsor, as applicable; and
``(III) reflect any new information
that becomes available and any changes
in circumstances that may result in new
significant impacts that could affect
the timeline for completion of any
permit, approval, review, or study
required for the covered project.
``(4) Consultation.--In providing technical assistance for a
covered project under this subsection, the Secretary shall
consult, if appropriate, with resource and participating
agencies on all methods available to resolve the outstanding
issues and project delays for a covered project as expeditiously
as possible.
``(5) Enforcement.--
``(A) In general.--All provisions of this section
shall apply to this subsection, including the financial
penalty provisions under subsection (h)(6).
``(B) Restriction.--If the Secretary enforces this
subsection under subsection (h)(6), the Secretary may
use a date included in a schedule under paragraph (3)(B)
that is created pursuant to and is in compliance with
this subsection in lieu of the dates under subsection
(h)(6)(B)(ii).''.
SEC. 1310. INTEGRATION OF PLANNING AND ENVIRONMENTAL REVIEW.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 1115(a)), is amended by adding at the end the
following:
[[Page 126 STAT. 541]]
``Sec. 168. Integration of planning and environmental review
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Environmental review process.--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.).
``(2) Planning product.--The term `planning product' means a
detailed and timely decision, analysis, study, or other
documented information that--
``(A) is the result of an evaluation or
decisionmaking process carried out during transportation
planning, including a detailed corridor plan or a
transportation plan developed under section 134 that
fully analyzes impacts on mobility, adjacent
communities, and the environment;
``(B) is intended to be carried into the
transportation project development process; and
``(C) has been approved by the State, all local and
tribal governments where the project is located, and by
any relevant metropolitan planning organization.
``(3) Project.--The term `project' has the meaning given the
term in section 139(a).
``(4) Project sponsor.--The term `project sponsor' has the
meaning given the term in section 139(a).
``(b) Adoption of Planning Products for Use in NEPA Proceedings.--
``(1) In general.--Subject to the conditions set forth in
subsection (d), the Federal lead agency for a project may adopt
and use a planning product in proceedings relating to any class
of action in the environmental review process of the project.
``(2) Identification.--When the Federal lead agency makes a
determination to adopt and use a planning product, the Federal
lead agency shall identify those agencies that participated in
the development of the planning products.
``(3) Partial adoption of planning products.--The Federal
lead agency may adopt a planning product under paragraph (1) in
its entirety or may select portions for adoption.
``(4) Timing.--A determination under paragraph (1) with
respect to the adoption of a planning product may be made at the
time the lead agencies decide the appropriate scope of
environmental review for the project but may also occur later in
the environmental review process, as appropriate.
``(c) Applicability.--
``(1) Planning decisions.--Planning decisions that may be
adopted pursuant to this section include--
``(A) whether tolling, private financial assistance,
or other special financial measures are necessary to
implement the project;
``(B) a decision with respect to modal choice,
including a decision to implement corridor or subarea
study recommendations to advance different modal
solutions as separate projects with independent utility;
``(C) a basic description of the environmental
setting;
[[Page 126 STAT. 542]]
``(D) a decision with respect to methodologies for
analysis; and
``(E) an identification of programmatic level
mitigation for potential impacts that the Federal lead
agency, in consultation with Federal, State, local, and
tribal resource agencies, determines are most
effectively addressed at a regional or national program
level, including--
``(i) system-level measures to avoid,
minimize, or mitigate impacts of proposed
transportation investments on environmental
resources, including regional ecosystem and water
resources; and
``(ii) potential mitigation activities,
locations, and investments.
``(2) Planning analyses.--Planning analyses that may be
adopted pursuant to this section include studies with respect
to--
``(A) travel demands;
``(B) regional development and growth;
``(C) local land use, growth management, and
development;
``(D) population and employment;
``(E) natural and built environmental conditions;
``(F) environmental resources and environmentally
sensitive areas;
``(G) potential environmental effects, including the
identification of resources of concern and potential
cumulative effects on those resources, identified as a
result of a statewide or regional cumulative effects
assessment; and
``(H) mitigation needs for a proposed action, or for
programmatic level mitigation, for potential effects
that the Federal lead agency determines are most
effectively addressed at a regional or national program
level.
``(d) Conditions.--Adoption and use of a planning product under this
section is subject to a determination by the Federal lead agency, with
the concurrence of other participating agencies with relevant expertise
and project sponsors as appropriate, and with an opportunity for public
notice and comment and consideration of those comments by the Federal
lead agency, that the following conditions have been met:
``(1) The planning product was developed through a planning
process conducted pursuant to applicable Federal law.
``(2) The planning product was developed by engaging in
active consultation with appropriate Federal and State resource
agencies and Indian tribes.
``(3) The planning process included broad multidisciplinary
consideration of systems-level or corridor-wide transportation
needs and potential effects, including effects on the human and
natural environment.
``(4) During the planning process, notice was provided
through publication or other means to Federal, State, local, and
tribal governments that might have an interest in the proposed
project, and to members of the general public, of the planning
products that the planning process might produce and that might
be relied on during any subsequent environmental review process,
and such entities have been provided an appropriate opportunity
to participate in the planning process leading to such planning
product.
[[Page 126 STAT. 543]]
``(5) After initiation of the environmental review process,
but prior to determining whether to rely on and use the planning
product, the lead Federal agency has made documentation relating
to the planning product available to Federal, State, local, and
tribal governments that may have an interest in the proposed
action, and to members of the general public, and has considered
any resulting comments.
``(6) There is no significant new information or new
circumstance that has a reasonable likelihood of affecting the
continued validity or appropriateness of the planning product.
``(7) The planning product has a rational basis and is based
on reliable and reasonably current data and reasonable and
scientifically acceptable methodologies.
``(8) The planning product is documented in sufficient
detail to support the decision or the results of the analysis
and to meet requirements for use of the information in the
environmental review process.
``(9) The planning product is appropriate for adoption and
use in the environmental review process for the project.
``(10) The planning product was approved not later than 5
years prior to date on which the information is adopted pursuant
to this section.
``(e) Effect of Adoption.--Any planning product adopted by the
Federal lead agency in accordance with this section may be incorporated
directly into an environmental review process document or other
environmental document and may be relied upon and used by other Federal
agencies in carrying out reviews of the project.
``(f) Rules of Construction.--
``(1) In general.--This section shall not be construed to
make the environmental review process applicable to the
transportation planning process conducted under this title and
chapter 53 of title 49.
``(2) Transportation planning activities.--Initiation of the
environmental review process as a part of, or concurrently with,
transportation planning activities does not subject
transportation plans and programs to the environmental review
process.
``(3) Planning products.--This section shall not be
construed to affect the use of planning products in the
environmental review process pursuant to other authorities under
any other provision of law or to restrict the initiation of the
environmental review process during planning.''.
(b) Technical and Conforming Amendment.--The analysis for chapter 1
of title 23, United States Code (as amended by section 1115(b)), is
amended by adding at end the following:
``Sec. 168. Integration of planning and environmental review.''.
SEC. 1311. DEVELOPMENT OF PROGRAMMATIC MITIGATION PLANS.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 1310(a)), is amended by adding at the end the
following:
``Sec. 169. Development of programmatic mitigation plans
``(a) In General.--As part of the statewide or metropolitan
transportation planning process, a State or metropolitan planning
organization may develop 1 or more programmatic mitigation plans
[[Page 126 STAT. 544]]
to address the potential environmental impacts of future transportation
projects.
``(b) Scope.--
``(1) Scale.--A programmatic mitigation plan may be
developed on a regional, ecosystem, watershed, or statewide
scale.
``(2) Resources.--The plan may encompass multiple
environmental resources within a defined geographic area or may
focus on a specific resource, such as aquatic resources,
parkland, or wildlife habitat.
``(3) Project impacts.--The plan may address impacts from
all projects in a defined geographic area or may focus on a
specific type of project.
``(4) Consultation.--The scope of the plan shall be
determined by the State or metropolitan planning organization,
as appropriate, in consultation with the agency or agencies with
jurisdiction over the resources being addressed in the
mitigation plan.
``(c) Contents.--A programmatic mitigation plan may include--
``(1) an assessment of the condition of environmental
resources in the geographic area covered by the plan, including
an assessment of recent trends and any potential threats to
those resources;
``(2) an assessment of potential opportunities to improve
the overall quality of environmental resources in the geographic
area covered by the plan, through strategic mitigation for
impacts of transportation projects;
``(3) standard measures for mitigating certain types of
impacts;
``(4) parameters for determining appropriate mitigation for
certain types of impacts, such as mitigation ratios or criteria
for determining appropriate mitigation sites;
``(5) adaptive management procedures, such as protocols that
involve monitoring predicted impacts over time and adjusting
mitigation measures in response to information gathered through
the monitoring; and
``(6) acknowledgment of specific statutory or regulatory
requirements that must be satisfied when determining appropriate
mitigation for certain types of resources.
``(d) Process.--Before adopting a programmatic mitigation plan, a
State or metropolitan planning organization shall--
``(1) <<NOTE: Consultation.>> consult with each agency with
jurisdiction over the environmental resources considered in the
programmatic mitigation plan;
``(2) make a draft of the plan available for review and
comment by applicable environmental resource agencies and the
public;
``(3) consider any comments received from such agencies and
the public on the draft plan; and
``(4) address such comments in the final plan.
``(e) Integration With Other Plans.--A programmatic mitigation plan
may be integrated with other plans, including watershed plans, ecosystem
plans, species recovery plans, growth management plans, and land use
plans.
``(f) Consideration in Project Development and Permitting.--If a
programmatic mitigation plan has been developed pursuant to this
section, any Federal agency responsible for environmental reviews,
permits, or approvals for a transportation project
[[Page 126 STAT. 545]]
may use the recommendations in a programmatic mitigation plan when
carrying out the responsibilities under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(g) Preservation of Existing Authorities.--Nothing in this section
limits the use of programmatic approaches to reviews under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
(b) Technical and Conforming Amendment.--The analysis for chapter 1
of title 23, United States Code (as amended by section 1309(b)), is
amended by adding at the end the following:
``Sec. 169. Development of programmatic mitigation plans.''.
SEC. 1312. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL
EXCLUSIONS.
Section 326 of title 23, United States Code, is amended--
(1) in subsection (a) by adding at the end the following:
``(4) Preservation of flexibility.--The Secretary shall not
require a State, as a condition of assuming responsibility under
this section, to forego project delivery methods that are
otherwise permissible for highway projects.'';
(2) by striking subsection (d) and inserting the following:
``(d) Termination.--
``(1) Termination by the secretary.--The Secretary may
terminate any assumption of responsibility under a memorandum of
understanding on a determination that the State is not
adequately carrying out the responsibilities assigned to the
State.
``(2) <<NOTE: Notice. Deadline.>> Termination by the
state.--The State may terminate the participation of the State
in the program at any time by providing to the Secretary a
notice not later than the date that is 90 days before the date
of termination, and subject to such terms and conditions as the
Secretary may provide.''; and
(3) by adding at the end the following:
``(f) Legal Fees.--A State assuming the responsibilities of the
Secretary under this section for a specific project may use funds
apportioned to the State under section 104(b)(2) for attorney's fees
directly attributable to eligible activities associated with the
project.''.
SEC. 1313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM.
(a) Program Name.--Section 327 of title 23, United States Code, is
amended--
(1) in the section heading by striking ``pilot''; and
(2) in subsection (a)(1) by striking ``pilot''.
(b) Assumption of Responsibility.--Section 327(a)(2) of title 23,
United States Code, is amended--
(1) in subparagraph (B)--
(A) in clause (i) by striking ``but''; and
(B) by striking clause (ii) and inserting the
following:
``(ii) at the request of the State, the
Secretary may also assign to the State, and the
State may assume, the responsibilities of the
Secretary with respect to 1 or more railroad,
public transportation, or multimodal projects
within the State under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.);
[[Page 126 STAT. 546]]
``(iii) in a State that has assumed the
responsibilities of the Secretary under clause
(ii), a recipient of assistance under chapter 53
of title 49 may request that the Secretary
maintain the responsibilities of the Secretary
with respect to 1 or more public transportation
projects within the State under the National
Environmental Policy Act of 1969 (42 U.S.C. 13
4321 et seq.); but
``(iv) the Secretary may not assign--
``(I) any responsibility imposed on
the Secretary by section 134 or 135 or
section 5303 or 5304 of title 49; or
``(II) responsibility for any
conformity determination required under
section 176 of the Clean Air Act (42
U.S.C. 7506).''; and
(2) by adding at the end the following:
``(F) Preservation of flexibility.--The Secretary
may not require a State, as a condition of participation
in the program, to forego project delivery methods that
are otherwise permissible for projects.
``(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.''.
(c) State Participation.--Section 327(b) of title 23, United States
Code, is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Participating states.--All States are eligible to
participate in the program.''; and
(2) in paragraph (2) by striking ``date of enactment of this
section, the Secretary shall promulgate'' and inserting ``date
on which amendments to this section by the MAP-21 take effect,
the Secretary shall amend, as appropriate,''.
(d) Written Agreement.--Section 327(c) of title 23, United States
Code, is amended--
(1) in paragraph (3)(D) by striking the period at the end
and inserting a semicolon; and
(2) by adding at the end the following:
``(4) require the State to provide to the Secretary any
information the Secretary considers necessary to ensure that the
State is adequately carrying out the responsibilities assigned
to the State;
``(5) have a term of not more than 5 years; and
``(6) be renewable.''.
(e) Conforming Amendment.--Section 327(e) of title 23, United States
Code, is amended by striking ``subsection (i)'' and inserting
``subsection (j)''.
(f) Audits.--Section 327(g)(1)(B) of title 23, United States Code,
is amended by striking ``subsequent year'' and inserting ``of the third
and fourth years''.
(g) Monitoring.--Section 327 of title 23, United States Code, is
amended--
(1) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (g) the following:
[[Page 126 STAT. 547]]
``(h) Monitoring.--After the fourth year of the participation of a
State in the program, the Secretary shall monitor compliance by the
State with the written agreement, including the provision by the State
of financial resources to carry out the written agreement.''.
(h) Termination.--Section 327(j) of title 23, United States Code (as
so redesignated), is amended to read as follows:
``(j) Termination.--
``(1) Termination by the secretary.--The Secretary may
terminate the participation of any State in the program if--
``(A) the Secretary determines that the State is not
adequately carrying out the responsibilities assigned to
the State;
``(B) the Secretary provides to the State--
``(i) <<NOTE: Notification.>> notification of
the determination of noncompliance; and
``(ii) <<NOTE: Time period.>> a period of at
least 30 days during which to take such corrective
action as the Secretary determines is necessary to
comply with the applicable agreement; and
``(C) the State, after the notification and period
provided under subparagraph (B), fails to take
satisfactory corrective action, as determined by the
Secretary.
``(2) <<NOTE: Notice. Deadline.>> Termination by the
state.--The State may terminate the participation of the State
in the program at any time by providing to the Secretary a
notice by not later than the date that is 90 days before the
date of termination, and subject to such terms and conditions as
the Secretary may provide.''.
(i) Clerical Amendment.--The item relating to section 327 in the
analysis of title 23, United States Code, is amended to read as follows:
``327. Surface transportation project delivery program.''.
SEC. 1314. APPLICATION OF CATEGORICAL EXCLUSIONS FOR MULTIMODAL
PROJECTS.
(a) In General.--Section 304 of title 49, United States Code, is
amended to read as follows:
``Sec. 304. Application of categorical exclusions for multimodal
projects
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Cooperating authority.--The term `cooperating
authority' means a Department of Transportation operating
authority that is not the lead authority with respect to a
project.
``(2) Lead authority.--The term `lead authority' means a
Department of Transportation operating administration or
secretarial office that--
``(A) is the lead authority over a proposed
multimodal project; and
``(B) has determined that the components of the
project that fall under the modal expertise of the lead
authority--
``(i) satisfy the conditions for a categorical
exclusion under implementing regulations or
procedures of the lead authority under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
[[Page 126 STAT. 548]]
``(ii) do not require the preparation of an
environmental assessment or environmental impact
statement under that Act.
``(3) Multimodal project.--The term `multimodal project' has
the meaning given the term in section 139(a) of title 23.
``(b) Exercise of Authorities.--The authorities granted in this
section may be exercised for a multimodal project, class of projects, or
program of projects that are carried out under this title.
``(c) Application of Categorical Exclusions for Multimodal
Projects.--In considering the environmental impacts of a proposed
multimodal project, a lead authority may apply a categorical exclusion
designated under the implementing regulations or procedures of a
cooperating authority for other components of the project, subject to
the conditions that--
``(1) the multimodal project is funded under 1 grant
agreement administered by the lead authority;
``(2) the multimodal project has components that require the
expertise of a cooperating authority to assess the environmental
impacts of the components;
``(3) the component of the project to be covered by the
categorical exclusion of the cooperating authority has
independent utility;
``(4) the cooperating authority, in consultation with the
lead authority--
``(A) follows implementing regulations or procedures
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
``(B) determines that a categorical exclusion under
that Act applies to the components; and
``(5) the lead authority has determined that--
``(A) the project, using the categorical exclusions
of the lead authority and each applicable cooperating
authority, does not individually or cumulatively have a
significant impact on the environment; and
``(B) extraordinary circumstances do not exist that
merit additional analysis and documentation in an
environmental impact statement or environmental
assessment required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(d) Modal Cooperation.--
``(1) In general.--A cooperating authority shall provide
modal expertise to the lead authority on such aspects of the
multimodal project in which the cooperating authority has
expertise.
``(2) Use of categorical exclusion.--In a case described in
paragraph (1), the 1 or more categorical exclusions of a
cooperating authority may be applied by the lead authority once
the cooperating authority reviews the project on behalf of the
lead authority and determines the project satisfies the
conditions for a categorical exclusion under the implementing
regulations or procedures of the cooperating authority under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and this section.''.
[[Page 126 STAT. 549]]
(b) Conforming Amendment.--The item relating to section 304 in the
analysis for title 49, United States Code, is amended to read as
follows:
``304. Application of categorical exclusions for multimodal projects''.
SEC. 1315. <<NOTE: 23 USC 109 note.>> CATEGORICAL EXCLUSIONS IN
EMERGENCIES.
(a) <<NOTE: Deadline. Notice. Regulations.>> In General.--Not later
than 30 days after the date of enactment of this Act, for the repair or
reconstruction of any road, highway, or bridge that is in operation or
under construction when damaged by an emergency declared by the Governor
of the State and concurred in by the Secretary, or for a disaster or
emergency declared by the President pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
the Secretary shall publish a notice of proposed rulemaking to treat any
such repair or reconstruction activity as a class of 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 of title 23,
Code of Federal Regulations (as in effect on the date of enactment of
this Act) if such repair or reconstruction activity is--
(1) in the same location with the same capacity, dimensions,
and design as the original road, highway, or bridge as before
the declaration described in this section; and
(2) commenced within a 2-year period beginning on the date
of a declaration described in this section.
(b) Rulemaking.--
(1) In general.--The Secretary shall ensure that the
rulemaking helps to conserve Federal resources and protects
public safety and health by providing for periodic evaluations
to determine if reasonable alternatives exist to roads,
highways, or bridges that repeatedly require repair and
reconstruction activities.
(2) Reasonable alternatives.--The reasonable alternatives
described in paragraph (1) include actions that could reduce the
need for Federal funds to be expended on such repair and
reconstruction activities, better protect public safety and
health and the environment, and meet transportation needs as
described in relevant and applicable Federal, State, local and
tribal plans.
SEC. 1316. <<NOTE: 23 USC 109 note.>> CATEGORICAL EXCLUSIONS FOR
PROJECTS WITHIN THE RIGHT-OF-WAY.
(a) <<NOTE: Deadlines.>> In General.--The Secretary shall--
(1) not later than 180 days after the date of enactment of
this Act, designate any project (as defined in section 101(a) of
title 23, United States Code) within an existing operational
right-of-way 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; and
(2) not later than 150 days after the date of enactment of
this Act, promulgate regulations to carry out paragraph (1).
(b) Definition of an Operational Right-of-way.--In this section, the
term ``operational right-of-way'' means all real property
[[Page 126 STAT. 550]]
interests acquired for the construction, operation, or mitigation of a
project (as defined in section 101(a) of title 23, United States Code),
including the locations of the roadway, bridges, interchanges, culverts,
drainage, clear zone, traffic control signage, landscaping, and any rest
areas with direct access to a controlled access highway.
SEC. 1317. <<NOTE: Deadline. 23 USC 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 of Federal
funds; or
(B) with a total estimated cost of not more than
$30,000,000 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).
SEC. 1318. <<NOTE: 23 USC 109 note.>> PROGRAMMATIC AGREEMENTS AND
ADDITIONAL CATEGORICAL EXCLUSIONS.
(a) <<NOTE: Deadline.>> In General.--Not later than 60 days after
the date of enactment of this Act, the Secretary shall--
(1) <<NOTE: Survey.>> survey the use by the Department of
categorical exclusions in transportation projects since 2005;
(2) <<NOTE: Publication.>> publish a review of the survey
that includes a description of--
(A) the types of actions categorically excluded; and
(B) any requests previously received by the
Secretary for new categorical exclusions; and
(3) solicit requests from State departments of
transportation, transit authorities, metropolitan planning
organizations, or other government agencies for new categorical
exclusions.
(b) <<NOTE: Deadline.>> New Categorical Exclusions.--Not later than
120 days after the date of enactment of this Act, the Secretary shall
publish a notice of proposed rulemaking to propose new categorical
exclusions received by the Secretary under subsection (a), to the extent
that the categorical exclusions meet the criteria for a categorical
exclusion under section 1508.4 of title 40, Code of Federal Regulations,
and section 771.117(a) of title 23, Code of Federal Regulations (as
those regulations are in effect on the date of the notice).
(c) <<NOTE: Regulations.>> Additional Actions.--The Secretary shall
issue a proposed rulemaking to move the following types of actions from
subsection (d) of section 771.117 of title 23, Code of Federal
Regulations (as in effect on the date of enactment of this Act), to
subsection (c) of that section, to the extent that such movement
complies with the criteria for a categorical exclusion under section
1508.4 of title 40, Code of Federal Regulations (as in effect on the
date of enactment of this Act):
(1) Modernization of a highway by resurfacing, restoration,
rehabilitation, reconstruction, adding shoulders, or adding
auxiliary lanes (including parking, weaving, turning, and
climbing).
[[Page 126 STAT. 551]]
(2) Highway safety or traffic operations improvement
projects, including the installation of ramp metering control
devices and lighting.
(3) Bridge rehabilitation, reconstruction, or replacement or
the construction of grade separation to replace existing at-
grade railroad crossings.
(d) Programmatic Agreements.--
(1) In general.--The Secretary shall seek opportunities to
enter into programmatic agreements with the States that
establish efficient administrative procedures for carrying out
environmental and other required project reviews.
(2) Inclusions.--Programmatic agreements authorized under
paragraph (1) may include agreements that allow a State to
determine on behalf of the Federal Highway Administration
whether a project is categorically excluded from the preparation
of an environmental assessment or environmental impact statement
under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(3) Determinations.--An agreement described in paragraph (2)
may include determinations by the Secretary of the types of
projects categorically excluded (consistent with section 1508.4
of title 40, Code of Federal Regulations) in the State in
addition to the types listed in subsections (c) and (d) of
section 771.117 of title 23, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
SEC. 1319. <<NOTE: 42 USC 4332a note.>> ACCELERATED DECISIONMAKING
IN ENVIRONMENTAL REVIEWS.
(a) In General.--In preparing a final environmental impact statement
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), if the lead agency modifies the statement in response to comments
that are minor and are confined to factual corrections or explanations
of why the comments do not warrant additional agency response, the lead
agency may write on errata sheets attached to the statement instead of
rewriting the draft statement, subject to the condition that the errata
sheets--
(1) cite the sources, authorities, or reasons that support
the position of the agency; and
(2) if appropriate, indicate the circumstances that would
trigger agency reappraisal or further response.
(b) Incorporation.--To the maximum extent practicable, the lead
agency shall expeditiously develop a single document that consists of a
final environmental impact statement and a record of decision, unless--
(1) the final environmental impact statement makes
substantial changes to the proposed action that are relevant to
environmental or safety concerns; or
(2) there are significant new circumstances or information
relevant to environmental concerns and that bear on the proposed
action or the impacts of the proposed action.
SEC. 1320. <<NOTE: 23 USC 139 note.>> MEMORANDA OF AGENCY
AGREEMENTS FOR EARLY COORDINATION.
(a) In General.--It is the sense of Congress that--
(1) the Secretary and other Federal agencies with relevant
jurisdiction in the environmental review process should
cooperate with each other and other agencies on environmental
review and project delivery activities at the earliest
practicable
[[Page 126 STAT. 552]]
time to avoid delays and duplication of effort later in the
process, head off potential conflicts, and ensure that planning
and project development decisions reflect environmental values;
and
(2) such cooperation should include the development of
policies and the designation of staff that advise planning
agencies or project sponsors of studies or other information
foreseeably required for later Federal action and early
consultation with appropriate State and local agencies and
Indian tribes.
(b) Technical Assistance.--If requested at any time by a State or
local planning agency, the Secretary and other Federal agencies with
relevant jurisdiction in the environmental review process, shall, to the
extent practicable and appropriate, as determined by the agencies,
provide technical assistance to the State or local planning agency on
accomplishing the early coordination activities described in subsection
(d).
(c) Memorandum of Agency Agreement.--If requested at any time by a
State or local planning agency, the lead agency, in consultation with
other Federal agencies with relevant jurisdiction in the environmental
review process, may establish memoranda of agreement with the project
sponsor, State, and local governments and other appropriate entities to
accomplish the early coordination activities described in subsection
(d).
(d) Early Coordination Activities.--Early coordination activities
shall include, to the maximum extent practicable, the following:
(1) Technical assistance on identifying potential impacts
and mitigation issues in an integrated fashion.
(2) The potential appropriateness of using planning products
and decisions in later environmental reviews.
(3) The identification and elimination from detailed study
in the environmental review process of the issues that are not
significant or that have been covered by prior environmental
reviews.
(4) The identification of other environmental review and
consultation requirements so that the lead and cooperating
agencies may prepare, as appropriate, other required analyses
and studies concurrently with planning activities.
(5) The identification by agencies with jurisdiction over
any permits related to the project of any and all relevant
information that will reasonably be required for the project.
(6) The reduction of duplication between requirements under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and State and local planning and environmental review
requirements, unless the agencies are specifically barred from
doing so by applicable law.
(7) Timelines for the completion of agency actions during
the planning and environmental review processes.
(8) Other appropriate factors.
SEC. 1321. <<NOTE: Review. Contracts.>> ENVIRONMENTAL PROCEDURES
INITIATIVE.
(a) Establishment.--For grant programs under which funds are
distributed by formula by the Department, the Secretary shall establish
an initiative to review and develop consistent procedures for
environmental permitting and procurement requirements that
[[Page 126 STAT. 553]]
apply to a project carried out under title 23, United States Code, or
chapter 53 of title 49, United States Code.
(b) Report.--The Secretary shall publish the results of the
initiative described in subsection (a) in an electronically accessible
format.
SEC. 1322. REVIEW OF STATE ENVIRONMENTAL REVIEWS AND APPROVALS FOR
THE PURPOSE OF ELIMINATING DUPLICATION
OF ENVIRONMENTAL REVIEWS.
For environmental reviews and approvals carried out on projects
funded under title 23, United States Code, the Comptroller General of
the United States shall--
(1) review State laws and procedures for conducting
environmental reviews with regard to such projects and identify
the States that have environmental laws that provide
environmental protections and opportunities for public
involvement that are equivalent to those provided by Federal
environmental laws;
(2) <<NOTE: Determination.>> determine the frequency and
cost of environmental reviews carried out at the Federal level
that are duplicative of State reviews that provide equivalent
environmental protections and opportunities for public
involvement; and
(3) <<NOTE: Deadline.>> not later than 2 years after the
date of enactment of this Act, submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report that describes the results of the
review and determination made under this section.
SEC. 1323. REVIEW OF FEDERAL PROJECT AND PROGRAM DELIVERY.
(a) Completion Time Assessments and Reports.--
(1) In general.--For projects funded under title 23, United
States Code, the Secretary shall compare--
(A)(i) the completion times of categorical
exclusions, environmental assessments, and environmental
impact statements initiated after calendar year 2005; to
(ii) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated during a period prior to calendar
year 2005; and
(B)(i) the completion times of categorical
exclusions, environmental assessments, and environmental
impact statements initiated during the period beginning
on January 1, 2005, and ending on the date of enactment
of this Act; to
(ii) the completion times of categorical exclusions,
environmental assessments, and environmental impact
statements initiated after the date of enactment of this
Act.
(2) Report.--The Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate--
(A) not later than 1 year after the date of
enactment of this Act, a report that--
(i) describes the results of the review
conducted under paragraph (1)(A); and
[[Page 126 STAT. 554]]
(ii) identifies any change in the timing for
completions, including the reasons for any such
change and the reasons for delays in excess of 5
years; and
(B) not later than 5 years after the date of
enactment of this Act, a report that--
(i) describes the results of the review
conducted under paragraph (1)(B); and
(ii) identifies any change in the timing for
completions, including the reasons for any such
change and the reasons for delays in excess of 5
years.
(b) Additional Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate a report on
the types and justification for the additional categorical exclusions
granted under the authority provided under sections 1316 and 1317.
(c) GAO Report.--The Comptroller General of the United States
shall--
(1) assess the reforms carried out under this subtitle
(including the amendments made by this subtitle); and
(2) not later than 5 years after the date of enactment of
this Act, submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate a report that
describes the results of the assessment.
(d) Inspector General Report.--The Inspector General of the
Department of Transportation shall--
(1) assess the reforms carried out under this subtitle
(including the amendments made by this subtitle); and
(2) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate--
(A) not later than 2 years after the date of
enactment of this Act, an initial report of the findings
of the Inspector General; and
(B) not later than 4 years after the date of
enactment of this Act, a final report of the findings.
Subtitle D--Highway Safety
SEC. 1401. <<NOTE: 23 USC 137 note.>> JASON'S LAW.
(a) In General.--It is the sense of Congress that it is a national
priority to address projects under this section for the shortage of
long-term parking for commercial motor vehicles on the National Highway
System to improve the safety of motorized and nonmotorized users and for
commercial motor vehicle operators.
(b) Eligible Projects.--Eligible projects under this section are
those that--
(1) serve the National Highway System; and
(2) may include the following:
(A) Constructing safety rest areas (as defined in
section 120(c) of title 23, United States Code) that
include parking for commercial motor vehicles.
[[Page 126 STAT. 555]]
(B) Constructing commercial motor vehicle parking
facilities adjacent to commercial truck stops and travel
plazas.
(C) Opening existing facilities to commercial motor
vehicle parking, including inspection and weigh stations
and park-and-ride facilities.
(D) Promoting the availability of publicly or
privately provided commercial motor vehicle parking on
the National Highway System using intelligent
transportation systems and other means.
(E) Constructing turnouts along the National Highway
System for commercial motor vehicles.
(F) Making capital improvements to public commercial
motor vehicle parking facilities currently closed on a
seasonal basis to allow the facilities to remain open
year-round.
(G) Improving the geometric design of interchanges
on the National Highway System to improve access to
commercial motor vehicle parking facilities.
(c) <<NOTE: Deadline.>> Survey and Comparative Assessment.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in consultation with
relevant State motor carrier safety personnel, shall conduct a
survey of each State--
(A) to evaluate the capability of the State to
provide adequate parking and rest facilities for
commercial motor vehicles engaged in interstate
transportation;
(B) to assess the volume of commercial motor vehicle
traffic in the State; and
(C) to develop a system of metrics to measure the
adequacy of commercial motor vehicle parking facilities
in the State.
(2) <<NOTE: Public information. Web posting.>> Results.--The
results of the survey under paragraph (1) shall be made
available to the public on the website of the Department of
Transportation.
(3) Periodic updates.--The Secretary shall periodically
update the survey under this subsection.
(d) Electric Vehicle and Natural Gas Vehicle Infrastructure.--
(1) In general.--Except as provided in paragraph (2), a
State may establish electric vehicle charging stations or
natural gas vehicle refueling stations for the use of battery-
powered or natural gas-fueled trucks or other motor vehicles at
any parking facility funded or authorized under this Act or
title 23, United States Code.
(2) Exception.--Electric vehicle battery charging stations
or natural gas vehicle refueling stations may not be established
or supported under paragraph (1) if commercial establishments
serving motor vehicle users are prohibited by section 111 of
title 23, United States Code.
(3) Funds.--Charging or refueling stations described in
paragraph (1) shall be eligible for the same funds as are
available for the parking facilities in which the stations are
located.
(e) Treatment of Projects.--Notwithstanding any other provision of
law, projects funded through the authority provided under this section
shall be treated as projects on a Federal-aid highway under chapter 1 of
title 23, United States Code.
[[Page 126 STAT. 556]]
SEC. 1402. OPEN CONTAINER REQUIREMENTS.
Section 154(c) of title 23, United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Fiscal year 2012 and thereafter.--
``(A) Reservation of funds.--On October 1, 2011, and
each October 1 thereafter, if a State has not enacted or
is not enforcing an open container law described in
subsection (b), the Secretary shall reserve an amount
equal to 2.5 percent of the funds to be apportioned to
the State on that date under each of paragraphs (1) and
(2) of section 104(b) until the State certifies to the
Secretary the means by which the State will use those
reserved funds in accordance with subparagraphs (A) and
(B) of paragraph (1) and paragraph (3).
``(B) Transfer of funds.--As soon as practicable
after the date of receipt of a certification from a
State under subparagraph (A), the Secretary shall--
``(i) transfer the reserved funds identified
by the State for use as described in subparagraphs
(A) and (B) of paragraph (1) to the apportionment
of the State under section 402; and
``(ii) release the reserved funds identified
by the State as described in paragraph (3).'';
(2) by striking paragraph (3) and inserting the following:
``(3) Use for highway safety improvement program.--
``(A) In general.--A State may elect to use all or a
portion of the funds transferred under paragraph (2) for
activities eligible under section 148.
``(B) State departments of transportation.--If the
State makes an election under subparagraph (A), the
funds shall be transferred to the department of
transportation of the State, which shall be responsible
for the administration of the funds.''; and
(3) by striking paragraph (5) and inserting the following:
``(5) Derivation of amount to be transferred.--The amount to
be transferred under paragraph (2) may be derived from the
following:
``(A) The apportionment of the State under section
104(b)(l).
``(B) The apportionment of the State under section
104(b)(2).''.
SEC. 1403. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING
WHILE INTOXICATED OR DRIVING UNDER THE
INFLUENCE.
(a) Definitions.--Section 164(a) of title 23, United States Code, is
amended--
(1) by striking paragraph (3);
(2) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively; and
(3) in paragraph (4) (as so redesignated) by striking
subparagraph (A) and inserting the following:
``(A) receive--
``(i) a suspension of all driving privileges
for not less than 1 year; or
``(ii) a suspension of unlimited driving
privileges for 1 year, allowing for the
reinstatement of limited
[[Page 126 STAT. 557]]
driving privileges subject to restrictions and
limited exemptions as established by State law, if
an ignition interlock device is installed for not
less than 1 year on each of the motor vehicles
owned or operated, or both, by the individual;''.
(b) Transfer of Funds.--Section 164(b) of title 23, United States
Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Fiscal year 2012 and thereafter.--
``(A) Reservation of funds.--On October 1, 2011, and
each October 1 thereafter, if a State has not enacted or
is not enforcing a repeat intoxicated driver law, the
Secretary shall reserve an amount equal to 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).
``(B) Transfer of funds.--As soon as practicable
after the date of receipt of a certification from a
State under subparagraph (A), the Secretary shall--
``(i) transfer the reserved funds identified
by the State for use as described in subparagraphs
(A) and (B) of paragraph (1) to the apportionment
of the State under section 402; and
``(ii) release the reserved funds identified
by the State as described in paragraph (3).'';
(2) by striking paragraph (3) and inserting the following:
``(3) Use for highway safety improvement program.--
``(A) In general.--A State may elect to use all or a
portion of the funds transferred under paragraph (2) for
activities eligible under section 148.
``(B) State departments of transportation.--If the
State makes an election under subparagraph (A), the
funds shall be transferred to the department of
transportation of the State, which shall be responsible
for the administration of the funds.''; and
(3) by striking paragraph (5) and inserting the following:
``(5) Derivation of amount to be transferred.--The amount to
be transferred under paragraph (2) may be derived from the
following:
``(A) The apportionment of the State under section
104(b)(1).
``(B) The apportionment of the State under section
104(b)(2).''.
SEC. 1404. ADJUSTMENTS TO PENALTY PROVISIONS.
(a) Vehicle Weight Limitations.--Section 127(a)(1) of title 23,
United States Code, is amended by striking ``No funds shall be
apportioned in any fiscal year under section 104(b)(1) of this title to
any State which'' and inserting ``The Secretary shall withhold 50
percent of the apportionment of a State under section 104(b)(1) in any
fiscal year in which the State''.
(b) Control of Junkyards.--Section 136 of title 23, United States
Code, is amended--
(1) in subsection (b), in the first sentence--
[[Page 126 STAT. 558]]
(A) by striking ``10 per centum'' and inserting ``7
percent''; and
(B) by striking ``section 104 of this title'' and
inserting ``paragraphs (1) through (5) of section
104(b)''; and
(2) by adding at the end the following:
``(n) Definitions.--For purposes of this section, the terms `primary
system' and `Federal-aid primary system' mean any highway that is on the
National Highway System, which includes the Interstate Highway
System.''.
(c) Enforcement of Vehicle Size and Weight Laws.--Section 141(b)(2)
of title 23, United States Code, is amended--
(1) by striking ``10 per centum'' and inserting ``7
percent''; and
(2) by striking ``section 104 of this title'' and inserting
``paragraphs (1) through (5) of section 104(b)''.
(d) Proof of Payment of the Heavy Vehicle Use Tax.--Section 141(c)
of title 23, United States Code, is amended--
(1) by striking ``section 104(b)(4)'' each place it appears
and inserting ``section 104(b)(1)''; and
(2) in the first sentence by striking ``25 per centum'' and
inserting ``8 percent''.
(e) Use of Safety Belts.--Section 153(h) of title 23, United States
Code, is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so redesignated)--
(A) by striking the paragraph heading and inserting
``Prior to fiscal year 2012''; and
(B) by inserting ``and before October 1, 2011,''
after ``September 30, 1994,''; and
(4) by inserting after paragraph (1) (as so redesignated)
the following:
``(2) Fiscal year 2012 and thereafter.--If, at any time in a
fiscal year beginning after September 30, 2011, a State does not
have in effect a law described in subsection (a)(2), the
Secretary shall transfer an amount equal to 2 percent of the
funds apportioned to the State for the succeeding fiscal year
under each of paragraphs (1) through (3) of section 104(b) to
the apportionment of the State under section 402.''.
(f) National Minimum Drinking Age.--Section 158(a)(1) of title 23,
United States Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(A) Fiscal years before 2012.--The Secretary'';
and
(2) by adding at the end the following:
``(B) Fiscal year 2012 and thereafter.--For fiscal
year 2012 and each fiscal year thereafter, the amount to
be withheld under this section shall be an amount equal
to 8 percent of the amount apportioned to the
noncompliant State, as described in subparagraph (A),
under paragraphs (1) and (2) of section 104(b).''.
(g) Drug Offenders.--Section 159 of title 23, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph (1);
[[Page 126 STAT. 559]]
(C) in paragraph (1) (as so redesignated) by
striking ``(including any amounts withheld under
paragraph (1))''; and
(D) by inserting after paragraph (1) (as so
redesignated) the following:
``(2) Fiscal year 2012 and thereafter.--The Secretary shall
withhold an amount equal to 8 percent of the amount required to
be apportioned to any State under each of paragraphs (1) and (2)
of section 104(b) on the first day of each fiscal year beginning
after September 30, 2011, if the State fails to meet the
requirements of paragraph (3) on the first day of the fiscal
year.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Effect of Noncompliance.--No funds withheld under this section
from apportionments to any State shall be available for apportionment to
that State.''.
(h) Zero Tolerance Blood Alcohol Concentration for Minors.--Section
161(a) of title 23, United States Code, is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraph (2) as paragraph (1);
(3) in paragraph (1) (as so redesignated)--
(A) by striking the paragraph heading and inserting
``Prior to fiscal year 2012''; and
(B) by inserting ``through fiscal year 2011'' after
``each fiscal year thereafter''; and
(4) by inserting after paragraph (1) (as so redesignated)
the following:
``(2) Fiscal year 2012 and thereafter.--The Secretary shall
withhold an amount equal to 8 percent of the amount required to
be apportioned to any State under each of paragraphs (1) and (2)
of section 104(b) on October 1, 2011, and on October 1 of each
fiscal year thereafter, if the State does not meet the
requirement of paragraph (3) on that date.''.
(i) Operation of Motor Vehicles by Intoxicated Persons.--Section
163(e) of title 23, United States Code, is amended by striking
paragraphs (1) and (2) and inserting the following:
``(1) Fiscal years 2007 through 2011.--On October 1, 2006,
and October 1 of each fiscal year thereafter through fiscal year
2011, if a State has not enacted or is not enforcing a law
described in subsection (a), the Secretary shall withhold an
amount equal to 8 percent of the amounts to be apportioned to
the State on that date under each of paragraphs (1), (3), and
(4) of section 104(b).
``(2) Fiscal year 2012 and thereafter.--On October 1, 2011,
and October 1 of each fiscal year thereafter, if a State has not
enacted or is not enforcing a law described in subsection (a),
the Secretary shall withhold an amount equal to 6 percent of the
amounts to be apportioned to the State on that date under each
of paragraphs (1) and (2) of section 104(b).''.
(j) Commercial Driver's License.--Section 31314 of title 49, United
States Code, is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Penalties Imposed in Fiscal Year 2012 and Thereafter.--
Effective beginning on October 1, 2011--
[[Page 126 STAT. 560]]
``(1) the penalty for the first instance of noncompliance by
a State under this section shall be not more than an amount
equal to 4 percent of funds required to be apportioned to the
noncompliant State under paragraphs (1) and (2) of section
104(b) of title 23; and
``(2) the penalty for subsequent instances of noncompliance
shall be not more than an amount equal to 8 percent of funds
required to be apportioned to the noncompliant State under
paragraphs (1) and (2) of section 104(b) of title 23.''.
SEC. 1405. <<NOTE: Deadline.>> HIGHWAY WORKER SAFETY.
Not later than 60 days after the date of enactment of this Act, the
Secretary shall modify section 630.1108(a) of title 23, Code of Federal
Regulations (as in effect on the date of enactment of this Act), to
ensure that--
(1) at a minimum, positive protective measures are used to
separate workers on highway construction projects from motorized
traffic in all work zones conducted under traffic in areas that
offer workers no means of escape (such as tunnels and bridges),
unless an engineering study determines otherwise;
(2) temporary longitudinal traffic barriers are used to
protect workers on highway construction projects in long-
duration stationary work zones when the project design speed is
anticipated to be high and the nature of the work requires
workers to be within 1 lane-width from the edge of a live travel
lane, unless--
(A) an analysis by the project sponsor determines
otherwise; or
(B) the project is outside of an urbanized area and
the annual average daily traffic load of the applicable
road is less than 100 vehicles per hour; and
(3) when positive protective devices are necessary for
highway construction projects, those devices are paid for on a
unit-pay basis, unless doing so would create a conflict with
innovative contracting approaches, such as design-build or some
performance-based contracts under which the contractor is paid
to assume a certain risk allocation and payment is generally
made on a lump-sum basis.
Subtitle E--Miscellaneous
SEC. 1501. REAL-TIME RIDESHARING.
Paragraph (3) of section 101(a) of title 23, United States Code (as
redesignated by section 1103(a)(2)), is amended by striking ``and
designating existing facilities for use for preferential parking for
carpools'' and inserting ``designating existing facilities for use for
preferential parking for carpools, and real-time ridesharing projects,
such as projects where drivers, using an electronic transfer of funds,
recover costs directly associated with the trip provided through the use
of location technology to quantify those direct costs, subject to the
condition that the cost recovered does not exceed the cost of the trip
provided''.
[[Page 126 STAT. 561]]
SEC. 1502. PROGRAM EFFICIENCIES.
The first sentence of section 102(b) of title 23, United States
Code, is amended by striking ``made available for such engineering'' and
inserting ``reimbursed for the preliminary engineering''.
SEC. 1503. PROJECT APPROVAL AND OVERSIGHT.
(a) In General.--Section 106 of title 23, United States Code, is
amended--
(1) in subsection (a)(2) by inserting ``recipient'' before
``formalizing'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the heading, by striking ``Non-
interstate'';
(ii) by striking ``but not on the Interstate
System''; and inserting ``, including projects on
the Interstate System''; and
(iii) by striking ``of projects'' and all that
follows through the period at the end and
inserting ``with respect to the projects unless
the Secretary determines that the assumption is
not appropriate.''; and
(B) by striking paragraph (4) and inserting the
following:
``(4) Limitation on interstate projects.--
``(A) In general.--The Secretary shall not assign
any responsibilities to a State for projects the
Secretary determines to be in a high risk category, as
defined under subparagraph (B).
``(B) High risk categories.--The Secretary may
define the high risk categories under this subparagraph
on a national basis, a State-by-State basis, or a
national and State-by-State basis, as determined to be
appropriate by the Secretary.'';
(3) in subsection (e)--
(A) in paragraph (1)(A)--
(i) in the matter preceding clause (i)--
(I) by striking ``concept'' and
inserting ``planning''; and
(II) by striking
``multidisciplined'' and inserting
``multidisciplinary''; and
(ii) by striking clause (i) and inserting the
following:
``(i) providing the needed functions safely,
reliably, and at the lowest overall lifecycle
cost;'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A)
by striking ``or other cost-reduction analysis'';
(ii) in subparagraph (A)--
(I) by striking ``Federal-aid
system'' and inserting ``National
Highway System receiving Federal
assistance''; and
(II) by striking ``$25,000,000'' and
inserting ``$50,000,000''; and
(iii) in subparagraph (B)--
(I) by inserting ``on the National
Highway System receiving Federal
assistance'' after ``a bridge project'';
and
[[Page 126 STAT. 562]]
(II) by striking ``$20,000,000'' and
inserting ``$40,000,000''; and
(C) by striking paragraph (4) and inserting the
following:
``(4) Requirements.--
``(A) Value engineering program.--The State shall
develop and carry out a value engineering program that--
``(i) establishes and documents value
engineering program policies and procedures;
``(ii) ensures that the required value
engineering analysis is conducted before
completing the final design of a project;
``(iii) ensures that the value engineering
analysis that is conducted, and the
recommendations developed and implemented for each
project, are documented in a final value
engineering report; and
``(iv) <<NOTE: Reports.>> monitors, evaluates,
and annually submits to the Secretary a report
that describes the results of the value analyses
that are conducted and the recommendations
implemented for each of the projects described in
paragraph (2) that are completed in the State.
``(B) Bridge projects.--The value engineering
analysis for a bridge project under paragraph (2)
shall--
``(i) include bridge superstructure and
substructure requirements based on construction
material; and
``(ii) be evaluated by the State--
``(I) on engineering and economic
bases, taking into consideration
acceptable designs for bridges; and
``(II) using an analysis of
lifecycle costs and duration of project
construction.
``(5) Design-build projects.--A requirement to provide a
value engineering analysis under this subsection shall not apply
to a project delivered using the design-build method of
construction.'';
(4) in subsection (h)--
(A) in paragraph (1)(B) by inserting ``, including a
phasing plan when applicable'' after ``financial plan'';
and
(B) by striking paragraph (3) and inserting the
following:
``(3) Financial plan.--A financial plan--
``(A) shall be based on detailed estimates of the
cost to complete the project;
``(B) shall provide for the annual submission of
updates to the Secretary that are based on reasonable
assumptions, as determined by the Secretary, of future
increases in the cost to complete the project;
``(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
[[Page 126 STAT. 563]]
``(D) shall assess the appropriateness of a public-
private partnership to deliver the project.''; and
(5) by adding at the end the following:
``(j) Use of Advanced Modeling Technologies.--
``(1) Definition of advanced modeling technology.--In this
subsection, the term `advanced modeling technology' means an
available or developing technology, including 3-dimensional
digital modeling, that can--
``(A) accelerate and improve the environmental
review process;
``(B) increase effective public participation;
``(C) enhance the detail and accuracy of project
designs;
``(D) increase safety;
``(E) accelerate construction, and reduce
construction costs; or
``(F) otherwise expedite project delivery with
respect to transportation projects that receive Federal
funding.
``(2) Program.--With respect to transportation projects that
receive Federal funding, the Secretary shall encourage the use
of advanced modeling technologies during environmental,
planning, financial management, design, simulation, and
construction processes of the projects.
``(3) Activities.--In carrying out paragraph (2), the
Secretary shall--
``(A) compile information relating to advanced
modeling technologies, including industry best practices
with respect to the use of the technologies;
``(B) disseminate to States information relating to
advanced modeling technologies, including industry best
practices with respect to the use of the technologies;
and
``(C) promote the use of advanced modeling
technologies.
``(4) <<NOTE: Web posting.>> Comprehensive plan.--The
Secretary shall develop and publish on the public website of the
Department of Transportation a detailed and comprehensive plan
for the implementation of paragraph (2).''.
(b) Review of Oversight Program.--
(1) In general.--The Secretary shall review the oversight
program established under section 106(g) of title 23, United
States Code, to determine the efficacy of the program in
monitoring the effective and efficient use of funds authorized
to carry out title 23, United States Code.
(2) Minimum requirements for review.--At a minimum, the
review under paragraph (1) shall assess the capability of the
program to--
(A) identify projects funded under title 23, United
States Code, for which there are cost or schedule
overruns; and
(B) evaluate the extent of such overruns.
(3) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall transmit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a report on the results of the review
conducted under paragraph (1), which shall include
[[Page 126 STAT. 564]]
recommendations for legislative changes to improve the oversight
program established under section 106(g) of title 23, United
States Code.
(c) <<NOTE: 23 USC 104 note.>> Transparency and Accountability.--
(1) <<NOTE: Web posting.>> Data collection.--The Secretary
shall compile and make available on the public website of the
Department of Transportation the annual expenditure data for
funds made available under title 23 and chapter 53 of title 49,
United States Code.
(2) Requirements.--In carrying out paragraph (1), the
Secretary shall ensure that the data made available on the
public website of the Department of Transportation--
(A) is organized by project and State;
(B) to the maximum extent practicable, is updated
regularly to reflect the current status of obligations,
expenditures, and Federal-aid projects; and
(C) can be searched and downloaded by users of the
website.
(3) <<NOTE: Time period.>> Report to congress.--The
Secretary shall annually submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works and the Committee on Banking, Housing, and Urban Affairs
of the Senate a report containing a summary of the data
described in paragraph (1) for the 1-year period ending on the
date on which the report is submitted.
SEC. 1504. STANDARDS.
Section 109 of title 23, United States Code, is amended by adding at
the end the following:
``(r) Pavement Markings.--The Secretary shall not approve any
pavement markings project that includes the use of glass beads
containing more than 200 parts per million of arsenic or lead, as
determined in accordance with Environmental Protection Agency testing
methods 3052, 6010B, or 6010C.''.
SEC. 1505. JUSTIFICATION REPORTS FOR ACCESS POINTS ON THE
INTERSTATE SYSTEM.
Section 111 of title 23, United States Code, is amended by adding at
the end the following:
``(e) Justification Reports.--If the Secretary requests or requires
a justification report for a project that would add a point of access
to, or exit from, the Interstate System, the Secretary may permit a
State transportation department to approve the report.''.
SEC. 1506. CONSTRUCTION.
Section 114(b) of title 23, United States Code, is amended--
(1) in subsection (b)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Limitation on convict labor.--Convict labor shall not
be used in construction of Federal-aid highways or portions of
Federal-aid highways unless the labor is performed by convicts
who are on parole, supervised release, or probation.''; and
(B) in paragraph (3) by inserting ``in existence
during that period'' after ``located on a Federal-aid
system''; and
[[Page 126 STAT. 565]]
(2) by adding at the end the following:
``(d) Veterans Employment.---
``(1) <<NOTE: Contracts.>> In general.--Subject to paragraph
(2), a recipient of Federal financial assistance under this
chapter shall, to the extent practicable, encourage contractors
working on a highway project funded using the assistance to make
a best faith effort in the hiring or referral of laborers on any
project for the construction of a highway to veterans (as
defined in section 2108 of title 5) who have the requisite
skills and abilities to perform the construction work required
under the contract.
``(2) Administration.--This subsection shall not--
``(A) apply to projects subject to section 140(d);
or
``(B) be administered or enforced in any manner that
would require an employer to give a preference to any
veteran over any equally qualified applicant who is a
member of any racial or ethnic minority, a female, or
any equally qualified former employee.''.
SEC. 1507. MAINTENANCE.
Section 116 of title 23, United States Code, is amended--
(1) by redesignating subsections (a) through (d) as
subsections (b) through (e), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Preventive maintenance.--The term `preventive
maintenance' includes pavement preservation programs and
activities.
``(2) Pavement preservation programs and activities.--The
term `pavement preservation programs and activities' means
programs and activities employing a network level, long-term
strategy that enhances pavement performance by using an
integrated, cost-effective set of practices that extend pavement
life, improve safety, and meet road user expectations.'';
(3) in subsection (b) (as so redesignated)--
(A) in the first sentence, by inserting ``or other
direct recipient'' before ``to maintain''; and
(B) by striking the second sentence;
(4) by striking subsection (c) (as so redesignated) and
inserting the following:
``(c) Agreement.--In any State in which the State transportation
department or other direct recipient is without legal authority to
maintain a project described in subsection (b), the transportation
department or direct recipient shall enter into a formal agreement with
the appropriate officials of the county or municipality in which the
project is located to provide for the maintenance of the project.''; and
(5) in the first sentence of subsection (d) (as so
redesignated) by inserting ``or other direct recipient'' after
``State transportation department''.
SEC. 1508. FEDERAL SHARE PAYABLE.
Section 120 of title 23, United States Code, is amended--
(1) in the first sentence of subsection (c)(1)--
(A) by inserting ``maintaining minimum levels of
retroreflectivity of highway signs or pavement
markings,'' after ``traffic control signalization,'';
[[Page 126 STAT. 566]]
(B) by inserting ``shoulder and centerline rumble
strips and stripes,'' after ``pavement marking,''; and
(C) by striking ``Federal-aid systems'' and
inserting ``Federal-aid programs'';
(2) by striking subsection (e) and inserting the following:
``(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) <<NOTE: Time period.>> the Federal share payable for
eligible emergency repairs to minimize damage, protect
facilities, or restore essential traffic accomplished within 180
days after the actual occurrence of the natural disaster or
catastrophic failure may amount to 100 percent of the cost of
the repairs;
``(2) the Federal share payable for any repair or
reconstruction of Federal land transportation facilities,
Federal land access transportation facilities, and tribal
transportation facilities may amount to 100 percent of the cost
of the repair or reconstruction;
``(3) <<NOTE: Extension.>> the Secretary shall extend the
time period in paragraph (1) taking into consideration any delay
in the ability of the State to access damaged facilities to
evaluate damage and the cost of repair; and
``(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.'';
(3) by striking subsection (g) and redesignating subsections
(h) through (l) as subsections (g) through (k), respectively;
(4) in subsection (i)(1)(A) (as redesignated by paragraph
(3)) by striking ``and the Appalachian development highway
system program under section 14501 of title 40''; and
(5) by striking subsections (j) and (k) (as redesignated by
paragraph (3)) and inserting the following:
``(j) Use of Federal Agency Funds.--Notwithstanding any other
provision of law, any Federal funds other than those made available
under this title and title 49 may be used to pay the non-Federal share
of the cost of any transportation project that is within, adjacent to,
or provides access to Federal land, the Federal share of which is funded
under this title or chapter 53 of title 49.
``(k) Use of Federal Land and Tribal Transportation Funds.--
Notwithstanding any other provision of law, the funds authorized to be
appropriated to carry out the tribal transportation program under
section 202 and the Federal lands transportation program under section
203 may be used to pay the non-Federal share of the cost of any project
that is funded under this title or chapter 53 of title 49 and that
provides access to or within Federal or tribal land.''.
[[Page 126 STAT. 567]]
SEC. 1509. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.
(a) In General.--Section 126 of title 23, United States Code, is
amended to read as follows:
``Sec. 126. Transferability of Federal-aid highway funds
``(a) In General.--Notwithstanding any other provision of law,
subject to subsection (b), a State may transfer from an apportionment
under section 104(b) not to exceed 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) 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 213 for a fiscal year may only come from the
portion of those funds that are available for obligation in any
area of the State under section 213(c)(1)(B).''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by striking the item relating to section
126 and inserting the following:
``126. Transferability of Federal-aid highway funds.''.
SEC. 1510. IDLE REDUCTION TECHNOLOGY.
Section 127(a)(12) of title 23, United States Code, is amended--
(1) in subparagraph (B), by striking ``400'' and inserting
``550''; and
(2) in subparagraph (C)(ii), by striking ``400-pound'' and
inserting ``550-pound''.
SEC. 1511. SPECIAL PERMITS DURING PERIODS OF NATIONAL EMERGENCY.
Section 127 of title 23, United States Code, is amended by inserting
at the end the following:
``(i) Special Permits During Periods of National Emergency.--
``(1) In general.--Notwithstanding any other provision of
this section, a State may issue special permits during an
emergency to overweight vehicles and loads that can easily be
dismantled or divided if--
``(A) the President has declared the emergency to be
a major disaster under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et
seq.);
``(B) the permits are issued in accordance with
State law; and
``(C) the permits are issued exclusively to vehicles
and loads that are delivering relief supplies.
``(2) Expiration.--A permit issued under paragraph (1) shall
expire not later than 120 days after the date of the declaration
of emergency under subparagraph (A) of that paragraph.''.
SEC. 1512. TOLLING.
(a) Amendment to Tolling Provision.--Section 129(a) of title 23,
United States Code, is amended to read as follows:
``(a) Basic Program.--
[[Page 126 STAT. 568]]
``(1) Authorization for federal participation.--Subject to
the provisions of this section, Federal participation shall be
permitted on the same basis and in the same manner as
construction of toll-free highways is permitted under this
chapter in the--
``(A) initial construction of a toll highway,
bridge, or tunnel or approach to the highway, bridge, or
tunnel;
``(B) initial construction of 1 or more lanes or
other improvements that increase capacity of a highway,
bridge, or tunnel (other than a highway on the
Interstate System) and conversion of that highway,
bridge, or tunnel to a tolled facility, if the number of
toll-free lanes, excluding auxiliary lanes, after the
construction is not less than the number of toll-free
lanes, excluding auxiliary lanes, before the
construction;
``(C) initial construction of 1 or more lanes or
other improvements that increase the capacity of a
highway, bridge, or tunnel on the Interstate System and
conversion of that highway, bridge, or tunnel to a
tolled facility, if the number of toll-free non-HOV
lanes, excluding auxiliary lanes, after such
construction is not less than the number of toll-free
non-HOV lanes, excluding auxiliary lanes, before such
construction;
``(D) reconstruction, resurfacing, restoration,
rehabilitation, or replacement of a toll highway,
bridge, or tunnel or approach to the highway, bridge, or
tunnel;
``(E) reconstruction or replacement of a toll-free
bridge or tunnel and conversion of the bridge or tunnel
to a toll facility;
``(F) reconstruction of a toll-free Federal-aid
highway (other than a highway on the Interstate System)
and conversion of the highway to a toll facility;
``(G) reconstruction, restoration, or rehabilitation
of a highway on the Interstate System if the number of
toll-free non-HOV lanes, excluding auxiliary lanes,
after reconstruction, restoration, or rehabilitation is
not less than the number of toll-free non-HOV lanes,
excluding auxiliary lanes, before reconstruction,
restoration, or rehabilitation;
``(H) conversion of a high occupancy vehicle lane on
a highway, bridge, or tunnel to a toll facility; and
``(I) preliminary studies to determine the
feasibility of a toll facility for which Federal
participation is authorized under this paragraph.
``(2) Ownership.--Each highway, bridge, tunnel, or approach
to the highway, bridge, or tunnel constructed under this
subsection shall--
``(A) be publicly owned; or
``(B) be privately owned if the public authority
with jurisdiction over the highway, bridge, tunnel, or
approach has entered into a contract with 1 or more
private persons to design, finance, construct, and
operate the facility and the public authority will be
responsible for complying with all applicable
requirements of this title with respect to the facility.
``(3) Limitations on use of revenues.--
[[Page 126 STAT. 569]]
``(A) In general.--A public authority with
jurisdiction over a toll facility shall use all toll
revenues received from operation of the toll facility
only for--
``(i) debt service with respect to the
projects on or for which the tolls are authorized,
including funding of reasonable reserves and debt
service on refinancing;
``(ii) a reasonable return on investment of
any private person financing the project, as
determined by the State or interstate compact of
States concerned;
``(iii) any costs necessary for the
improvement and proper operation and maintenance
of the toll facility, including reconstruction,
resurfacing, restoration, and rehabilitation;
``(iv) if the toll facility is subject to a
public-private partnership agreement, payments
that the party holding the right to toll revenues
owes to the other party under the public-private
partnership agreement; and
``(v) if the public authority certifies
annually that the tolled facility is being
adequately maintained, any other purpose for which
Federal funds may be obligated by a State under
this title.
``(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 to the
Secretary.
``(ii) Records.--On reasonable notice, the
public authority shall make all records of the
public authority pertaining to the toll facility
available for audit by the Secretary.
``(C) Noncompliance.--If the Secretary concludes
that a public authority has not complied with the
limitations on the use of revenues described in
subparagraph (A), the Secretary may require the public
authority to discontinue collecting tolls until an
agreement with the Secretary is reached to achieve
compliance with the limitation on the use of revenues
described in subparagraph (A).
``(4) Limitations on conversion of high occupancy vehicle
facilities on interstate system.--
``(A) In general.--A public authority with
jurisdiction over a high occupancy vehicle facility on
the Interstate System may undertake reconstruction,
restoration, or rehabilitation under paragraph (1)(G) on
the facility, and may levy tolls on vehicles, excluding
high occupancy vehicles, using the reconstructed,
restored, or rehabilitated facility, if the public
authority--
``(i) in the case of a high occupancy vehicle
facility that affects a metropolitan area, submits
to the Secretary a written assurance that the
metropolitan planning organization designated
under section 5203 of title 49 for the area has
been consulted concerning the placement and amount
of tolls on the converted facility;
[[Page 126 STAT. 570]]
``(ii) develops, manages, and maintains a
system that will automatically collect the toll;
and
``(iii) establishes policies and procedures--
``(I) to manage the demand to use
the facility by varying the toll amount
that is charged; and
``(II) to enforce sanctions for
violations of use of the facility.
``(B) Exemption from tolls.--In levying tolls on a
facility under subparagraph (A), a public authority may
designate classes of vehicles that are exempt from the
tolls or charge different toll rates for different
classes of vehicles.
``(5) Special rule for funding.--
``(A) In general.--In the case of a toll facility
under the jurisdiction of a public authority of a State
(other than the State transportation department), on
request of the State transportation department and
subject to such terms and conditions as the department
and public authority may agree, the Secretary, working
through the State department of transportation, shall
reimburse the public authority for the Federal share of
the costs of construction of the project carried out on
the toll facility under this subsection in the same
manner and to the same extent as the department would be
reimbursed if the project was being carried out by the
department.
``(B) Source.--The reimbursement of funds under this
paragraph shall be from sums apportioned to the State
under this chapter and available for obligations on
projects on the Federal-aid system in the State on which
the project is being carried out.
``(6) Limitation on federal share.--The Federal share
payable for a project described in paragraph (1) shall be a
percentage determined by the State, but not to exceed 80
percent.
``(7) Modifications.--If a public authority (including a
State transportation department) with jurisdiction over a toll
facility subject to an agreement under this section or section
119(e), as in effect on the day before the effective date of
title I of the Intermodal Surface Transportation Efficiency Act
of 1991 (105 Stat. 1915), requests modification of the
agreement, the Secretary shall modify the agreement to allow the
continuation of tolls in accordance with paragraph (3) without
repayment of Federal funds.
``(8) Loans.--
``(A) In general.--
``(i) Loans.--Using amounts made available
under this title, a State may loan to a public or
private entity constructing or proposing to
construct under this section a toll facility or
non-toll facility with a dedicated revenue source
an amount equal to all or part of the Federal
share of the cost of the project if the project
has a revenue source specifically dedicated to the
project.
``(ii) Dedicated revenue sources.--Dedicated
revenue sources for non-toll facilities include
excise taxes, sales taxes, motor vehicle use fees,
tax on real
[[Page 126 STAT. 571]]
property, tax increment financing, and such other
dedicated revenue sources as the Secretary
determines appropriate.
``(B) Compliance with federal laws.--As a condition
of receiving a loan under this paragraph, the public or
private entity that receives the loan shall ensure that
the project will be carried out in accordance with this
title and any other applicable Federal law, including
any applicable provision of a Federal environmental law.
``(C) Subordination of debt.--The amount of any loan
received for a project under this paragraph may be
subordinated to any other debt financing for the
project.
``(D) Obligation of funds loaned.--Funds loaned
under this paragraph may only be obligated for projects
under this paragraph.
``(E) Repayment.--The repayment of a loan made under
this paragraph shall commence not later than 5 years
after date on which the facility that is the subject of
the loan is open to traffic.
``(F) Term of loan.--The term of a loan made under
this paragraph shall not exceed 30 years from the date
on which the loan funds are obligated.
``(G) Interest.--A loan made under this paragraph
shall bear interest at or below market interest rates,
as determined by the State, to make the project that is
the subject of the loan feasible.
``(H) Reuse of funds.--Amounts repaid to a State
from a loan made under this paragraph may be obligated--
``(i) for any purpose for which the loan funds
were available under this title; and
``(ii) for the purchase of insurance or for
use as a capital reserve for other forms of credit
enhancement for project debt in order to improve
credit market access or to lower interest rates
for projects eligible for assistance under this
title.
``(I) Guidelines.--The Secretary shall establish
procedures and guidelines for making loans under this
paragraph.
``(9) State law permitting tolling.--If a State does not
have a highway, bridge, or tunnel toll facility as of the date
of enactment of the MAP-21, before commencing any activity
authorized under this section, the State shall have in effect a
law that permits tolling on a highway, bridge, or tunnel.
``(10) 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.
[[Page 126 STAT. 572]]
``(C) Public authority.--The term `public authority'
means a State, interstate compact of States, or public
entity designated by a State.
``(D) 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.''.
(b) <<NOTE: Deadline. 23 USC 129 note.>> Electronic Toll Collection
Interoperability Requirements.--Not later than 4 years after the date of
enactment of this Act, all toll facilities on the Federal-aid highways
shall implement technologies or business practices that provide for the
interoperability of electronic toll collection programs.
SEC. 1513. MISCELLANEOUS PARKING AMENDMENTS.
(a) Fringe and Corridor Parking Facilities.--Section 137 of title
23, United States Code, is amended--
(1) in subsection (f)(1)--
(A) by striking ``104(b)(4)'' and inserting
``104(b)(1)''; and
(B) by inserting ``including the addition of
electric vehicle charging stations or natural gas
vehicle refueling stations,'' after ``new facilities,'';
and
(2) by adding at the end the following:
``(g) Funding.--The addition of electric vehicle charging stations
or natural gas vehicle refueling stations to new or previously funded
parking facilities shall be eligible for funding under this section.''.
(b) Public Transportation.--Section 142(a)(1) of title 23, United
States Code, is amended by inserting ``, which may include electric
vehicle charging stations or natural gas vehicle refueling stations,''
after ``parking facilities''.
(c) Forest Development Roads and Trails.--Section 205(d) of title
23, United States Code, is amended by inserting ``, which may include
electric vehicle charging stations or natural gas vehicle refueling
stations,'' after ``parking areas''.
SEC. 1514. HOV FACILITIES.
Section 166 of title 23, United States Code, is amended--
(1) in subsection (b)(5)--
(A) in subparagraph (A) by striking ``2009'' and
inserting ``2017'';
(B) in subparagraph (B) by striking ``2009'' and
inserting ``2017''; and
(C) in subparagraph (C)--
(i) by striking ``subparagraph (B)'' and
inserting ``this paragraph''; and
(ii) by inserting ``or equal to'' after ``less
than'';
(2) in subsection (c) by striking paragraph (3) and
inserting the following:
``(3) Toll revenue.--Toll revenue collected under this
section is subject to the requirements of section 129(a)(3).'';
and
(3) in subsection (d)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``in a fiscal year shall
certify'' and inserting ``shall submit to the
Secretary a report demonstrating that the facility
is not already degraded, and that the presence of
the vehicles will not cause the facility to become
degraded, and certify''; and
(ii) by striking ``in the fiscal year'';
[[Page 126 STAT. 573]]
(B) in subparagraph (A) by inserting ``and
submitting to the Secretary annual reports of those
impacts'' after ``adjacent highways'';
(C) in subparagraph (C) by striking ``if the
presence of the vehicles has degraded the operation of
the facility'' and inserting ``whenever the operation of
the facility is degraded''; and
(D) by adding at the end the following:
``(D) <<NOTE: Deadline.>> Maintenance of operating
performance.--Not later than 180 days after the date on
which a facility is degraded pursuant to the standard
specified in paragraph (2), the State agency with
jurisdiction over the facility shall bring the facility
into compliance with the minimum average operating speed
performance standard through changes to operation of the
facility, including--
``(i) increasing the occupancy requirement for
HOV lanes;
``(ii) varying the toll charged to vehicles
allowed under subsection (b) to reduce demand;
``(iii) discontinuing allowing non-HOV
vehicles to use HOV lanes under subsection (b); or
``(iv) increasing the available capacity of
the HOV facility.
``(E) Compliance.--If the State fails to bring a
facility into compliance under subparagraph (D), the
Secretary shall subject the State to appropriate program
sanctions under section 1.36 of title 23, Code of
Federal Regulations (or successor regulations), until
the performance is no longer degraded.''.
SEC. 1515. FUNDING FLEXIBILITY FOR TRANSPORTATION EMERGENCIES.
(a) In General.--Chapter 1 of title 23, United States Code (as
amended by section 1311(a)), is amended by adding at the end the
following:
``Sec. 170. Funding flexibility for transportation emergencies
``(a) In General.--Notwithstanding any other provision of law, a
State may use up to 100 percent of any covered funds of the State to
repair or replace a transportation facility that has suffered serious
damage as a result of a natural disaster or catastrophic failure from an
external cause.
``(b) Declaration of Emergency.--Funds may be used under this
section only for a disaster or emergency declared by the President
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
``(c) Repayment.--Funds used under subsection (a) shall be repaid to
the program from which the funds were taken in the event that such
repairs or replacement are subsequently covered by a supplemental
appropriation of funds.
``(d) Definitions.--In this section, the following definitions
apply:
``(1) Covered funds.--The term `covered funds' means any
amounts apportioned to a State under section 104(b), other than
amounts suballocated to metropolitan areas and other areas of
the State under section 133(d), but including any such amounts
required to be set aside for a purpose other
[[Page 126 STAT. 574]]
than the repair or replacement of a transportation facility
under this section.
``(2) Transportation facility.--The term `transportation
facility' means any facility eligible for assistance under
section 125.''.
(b) Technical and Conforming Amendment.--The analysis for chapter 1
of title 23, United States Code (as amended by section 1311(b)), is
amended by adding at the end the following:
``170. Funding flexibility for transportation emergencies.''.
SEC. 1516. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO ADDRESS
TRANSPORTATION INFRASTRUCTURE IN THE
VICINITY OF MILITARY INSTALLATIONS.
The second sentence of section 210(a)(2) of title 23, United States
Code, is amended by inserting ``, in consultation with the Secretary of
Transportation,'' before ``shall determine''.
SEC. 1517. MAPPING.
(a) In General.--Section 306 of title 23, United States Code, is
amended--
(1) in subsection (a) by striking ``may'' and inserting
``shall'';
(2) in subsection (b) in the second sentence by striking
``State and'' and inserting ``State government and''; and
(3) by adding at the end the following:
``(c) <<NOTE: Compliance process.>> Implementation.--The Secretary
shall develop a process for the oversight and monitoring, on an annual
basis, of the compliance of each State with the guidance issued under
subsection (b).''.
(b) <<NOTE: Deadline.>> Survey.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall conduct a survey of
all States to determine what percentage of projects carried out under
title 23, United States Code, in each State utilize private sector
sources for surveying and mapping services.
SEC. 1518. BUY AMERICA PROVISIONS.
Section 313 of title 23, United States Code, is amended by adding at
the end the following:
``(g) 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. 1519. CONSOLIDATION OF PROGRAMS; REPEAL OF OBSOLETE
PROVISIONS.
(a) Consolidation of Programs.--From administrative funds made
available under section 104(a) of title 23, United States Code, not less
than $3,000,000 for each of fiscal years 2013 and 2014 shall be made
available--
(1) to carry out safety-related activities, including--
(A) to carry out the operation lifesaver program--
(i) to provide public information and
education programs to help prevent and reduce
motor vehicle accidents, injuries, and fatalities;
and
(ii) to improve driver performance at railway-
highway crossings; and
[[Page 126 STAT. 575]]
(B) to provide work zone safety grants in accordance
with subsections (a) and (b) of section 1409 of the
SAFETEA-LU (23 U.S.C. 401 note; 119 Stat. 1232); and
(2) to operate authorized safety-related clearinghouses,
including--
(A) the national work zone safety information
clearinghouse authorized by section 358(b)(2) of the
National Highway System Designation Act of 1995 (23
U.S.C. 401 note; 109 Stat. 625); and
(B) a public road safety clearinghouse in accordance
with section 1411(a) of the SAFETEA-LU (23 U.S.C. 402
note; 119 Stat. 1234).
(b) Repeals.--
(1) Title 23.--
(A) In general.--Sections 105, 110, 117, 124, 151,
155, 157, 160, 212, 216, 303, and 309 of title 23,
United States Code, are repealed.
(B) Set asides.--Section 118 of title 23, United
States Code, is amended--
(i) by striking subsection (c); and
(ii) by redesignating subsections (d) and (e)
as subsections (c) and (d), respectively.
(2) SAFETEA-LU.--Sections 1302, 1305, 1306, 1803, 1804,
1907, and 1958 of SAFETEA-LU <<NOTE: 23 USC 101 note, 103 note,
137 note, 144 note.>> (Public Law 109-59) are repealed.
(3) Additional.--Section 1132 of the Energy Independence and
Security Act of 2007 (Public Law 110-140; 121 Stat. 1763) is
repealed.
(c) Conforming Amendments.--
(1) Title analysis.--
(A) Chapter 1.--The analysis for chapter 1 of title
23, United States Code, is amended by striking the items
relating to sections 105, 110, 117, 124, 151, 155, 157,
and 160.
(B) Chapter 2.--The analysis for chapter 2 of title
23, United States Code, is amended by striking the items
relating to sections 212 and 216.
(C) Chapter 3.--The analysis for chapter 3 of title
23, United States Code, is amended by striking the items
relating to sections 303 and 309.
(2) Table of contents.--The table of contents contained in
section 1(b) of SAFETEA-LU (Public Law 109-59; 119 Stat. 1144)
is amended by striking the items relating to sections 1302,
1305, 1306, 1803, 1804, 1907, and 1958.
(3) Section 104.--Section 104(e) of title 23, United States
Code, is amended by striking ``, 105,''.
(4) Section 109.--Section 109(q) of title 23, United States
Code, is amended by striking ``in accordance with section 303
or''.
(5) Section 118.--Section 118(b) of title 23, United States
Code, is amended--
(A) by striking paragraph (1) and all that follows
through the heading of paragraph (2); and
(B) by striking ``(other than for Interstate
construction)''.
(6) Section 130.--Section 130 of title 23, United States
Code, is amended--
[[Page 126 STAT. 576]]
(A) in subsection (e) by striking ``section
104(b)(5)'' and inserting ``section 104(b)(3)'';
(B) in subsection (f)(1) by inserting ``as in effect
on the day before the date of enactment of the MAP-21''
after ``section 104(b)(3)(A)''; and
(C) in subsection (l) by striking paragraphs (3) and
(4).
(7) Section 131.--Section 131(m) of title 23, United States
Code, is amended by striking ``Subject to approval by the
Secretary in accordance with the program of projects approval
process of section 105, a State'' and inserting ``A State''.
(8) Section 133.--Paragraph (13) of section 133(b) of title
23, United States Code (as amended by section 1108(a)(3)), is
amended by striking ``under section 303.''
(9) Section 142.--Section 142 of title 23, United States
Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``motor vehicles
(other than rail)'' and inserting
``buses'';
(II) by striking ``(hereafter in
this section referred to as `buses')'';
(III) by striking ``Federal-aid
systems'' and inserting ``Federal-aid
highways''; and
(IV) by striking ``Federal-aid
system'' and inserting ``Federal-aid
highway''; and
(ii) in paragraph (2)--
(I) by striking ``as a project on
the the surface transportation program
for''; and
(II) by striking ``section
104(b)(3)'' and inserting ``section
104(b)(2)'';
(B) in subsection (b) by striking ``104(b)(4)'' and
inserting ``104(b)(1)'';
(C) in subsection (c)--
(i) by striking ``system'' in each place it
appears and inserting ``highway''; and
(ii) by striking ``highway facilities'' and
inserting ``highways eligible under the program
that is the source of the funds'';
(D) in subsection (e)(2) by striking
``Notwithstanding section 209(f)(1) of the Highway
Revenue Act of 1956, the Highway Trust Fund shall be
available for making expenditures to meet obligations
resulting from projects authorized by subsection (a)(2)
of this section and such projects'' and inserting
``Projects authorized by subsection (a)(2)''; and
(E) in subsection (f) by striking ``exits'' and
inserting ``exists''.
(10) Section 145.--Section 145(b) of title 23, United States
Code, is amended by striking ``section 117 of this title,''.
(11) Section 218.--Section 218 of title 23, United States
Code, is amended--
(A) in subsection (a)--
(i) by striking the first two sentences;
(ii) in the third sentence--
(I) by striking ``, in addition to
such funds,''; and
(II) by striking ``such highway
or'';
[[Page 126 STAT. 577]]
(iii) by striking the fourth sentence and
fifth sentences;
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as subsection
(b).
(12) Section 610.--Section 610(d)(1)(B) of title 23, United
States Code, is amended by striking ``under section 105''.
SEC. 1520. DENALI COMMISSION.
The Denali Commission Act of 1998 (42 U.S.C. 3121 note) is amended--
(1) in section 305, by striking subsection (c) and inserting
the following:
``(c) Gifts.--
``(1) In general.--Except as provided in paragraph (2), the
Commission, on behalf of the United States, may accept use, and
dispose of gifts or donations of services, property, or money
for purposes of carrying out this Act.
``(2) Conditional.--With respect to conditional gifts--
``(A)(i) the Commission, on behalf of the United
States, may accept conditional gifts for purposes of
carrying out this Act, if approved by the Federal
Cochairperson; and
``(ii) the principal of and income from any such
conditional gift shall be held, invested, reinvested,
and used in accordance with the condition applicable to
the gift; but
``(B) no gift shall be accepted that is conditioned
on any expenditure not to be funded from the gift or
from the income generated by the gift unless the
expenditure has been approved by Act of Congress.''; and
(2) by adding at the end the following:
``SEC. 311. 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.
``(b) Transfers.--Any Federal agency authorized to carry out an
activity that is within the authority of the Commission may transfer to
the Commission any appropriated funds for the activity.
``(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.''.
SEC. 1521. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY
ACQUISITION POLICIES ACT OF 1970
AMENDMENTS.
(a) Moving and Related Expenses.--Section 202 of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970
(42 U.S.C. 4622) is amended--
(1) in subsection (a)(4) by striking ``$10,000'' and
inserting ``$25,000, as adjusted by regulation, in accordance
with section 213(d)''; and
(2) in the second sentence of subsection (c) by striking
``$20,000'' and inserting ``$40,000, as adjusted by regulation,
in accordance with section 213(d)''.
[[Page 126 STAT. 578]]
(b) Replacement Housing for Homeowners.--The first sentence of
section 203(a)(1) of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (42 U.S.C. 4623(a)(1)) is amended--
(1) by striking ``$22,500'' and inserting ``$31,000, as
adjusted by regulation, in accordance with 213(d),''; and
(2) by striking ``one hundred and eighty days prior to'' and
inserting ``90 days before''.
(c) Replacement Housing for Tenants and Certain Others.--Section 204
of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4624) is amended--
(1) in the second sentence of subsection (a) by striking
``$5,250'' and inserting ``$7,200, as adjusted by regulation, in
accordance with section 213(d)''; and
(2) in the second sentence of subsection (b) by striking ``,
except'' and all that follows through the end of the subsection
and inserting a period.
(d) Duties of Lead Agency.--Section 213 of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4633) is amended--
(1) in subsection (b)--
(A) in paragraph (2) by striking ``and'' at the end;
(B) in paragraph (3) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) that each Federal agency that has programs or projects
requiring the acquisition of real property or causing a
displacement from real property subject to the provisions of
this Act shall provide to the lead agency an annual summary
report the describes the activities conducted by the Federal
agency.''; and
(2) by adding at the end the following:
``(d) Adjustment of Payments.--The head of the lead agency may
adjust, by regulation, the amounts of relocation payments provided under
sections 202(a)(4), 202(c), 203(a), and 204(a) if the head of the lead
agency determines that cost of living, inflation, or other factors
indicate that the payments should be adjusted to meet the policy
objectives of this Act.''.
(e) Agency Coordination.--Title II of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 is amended
by inserting after section 213 (42 U.S.C. 4633) the following:
``SEC. 214. <<NOTE: 42 USC 4634.>> AGENCY COORDINATION.
``(a) Agency Capacity.--Each Federal agency responsible for funding
or carrying out relocation and acquisition activities shall have
adequately trained personnel and such other resources as are necessary
to manage and oversee the relocation and acquisition program of the
Federal agency in accordance with this Act.
``(b) <<NOTE: Deadline. Memorandum.>> Interagency Agreements.--Not
later than 1 year after the date of enactment of this section, each
Federal agency responsible for funding relocation and acquisition
activities (other than the agency serving as the lead agency) shall
enter into a memorandum of understanding with the lead agency that--
``(1) provides for periodic training of the personnel of the
Federal agency, which in the case of a Federal agency that
[[Page 126 STAT. 579]]
provides Federal financial assistance, may include personnel of
any displacing agency that receives Federal financial
assistance;
``(2) addresses ways in which the lead agency may provide
assistance and coordination to the Federal agency relating to
compliance with the Act on a program or project basis; and
``(3) addresses the funding of the training, assistance, and
coordination activities provided by the lead agency, in
accordance with subsection (c).
``(c) Interagency Payments.--
``(1) In general.--For the fiscal year that begins 1 year
after the date of enactment of this section, and each fiscal
year thereafter, each Federal agency responsible for funding
relocation and acquisition activities (other than the agency
serving as the lead agency) shall transfer to the lead agency
for the fiscal year, such funds as are necessary, but not less
than $35,000, to support the training, assistance, and
coordination activities of the lead agency described in
subsection (b).
``(2) Included costs.--The cost to a Federal agency of
providing the funds described in paragraph (1) shall be included
as part of the cost of 1 or more programs or projects undertaken
by the Federal agency or with Federal financial assistance that
result in the displacement of persons or the acquisition of real
property.''.
(f) Cooperation With Federal Agencies.--Section 308 of title 23,
United States Code, is amended by striking subsection (a) and inserting
the following:
``(a) Authorized Activities.--
``(1) In general.--The Secretary may perform, by contract or
otherwise, authorized engineering or other services in
connection with the survey, construction, maintenance, or
improvement of highways for other Federal agencies, cooperating
foreign countries, and State cooperating agencies.
``(2) Inclusions.--Services authorized under paragraph (1)
may include activities authorized under section 214 of the
Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970.
``(3) Reimbursement.--Reimbursement for services carried out
under this subsection (including depreciation on engineering and
road-building equipment) shall be credited to the applicable
appropriation.''.
(g) <<NOTE: 23 USC 308 note.>> Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date of
enactment of this Act.
(2) Exception.--The amendments made by subsections (a)
through (c) shall take effect 2 years after the date of
enactment of this Act.
SEC. 1522. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION FROM AXLE
WEIGHT RESTRICTIONS.
Section 1023(h) of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 127 note; Public Law 102-240) is amended--
(1) in the heading of paragraph (1) by striking ``temporary
exemption'' and inserting ``exemption'';
(2) in paragraph (1)--
[[Page 126 STAT. 580]]
(A) in the matter preceding subparagraph (A) by
striking ``, for the period beginning on October 6,
1992, and ending on October 1, 2009,'';
(B) in subparagraph (A) by striking ``or'' at the
end;
(C) in subparagraph (B) by striking the period at
the end and inserting ``; or''; and
(D) by adding at the end the following:
``(C) any motor home (as defined in section 571.3 of
title 49, Code of Federal Regulations (or successor
regulation)).''; and
(3) in paragraph (2)(A) by striking ``For the period
beginning on the date of enactment of this subparagraph and
ending on September 30, 2009, a'' and inserting ``A''.
SEC. 1523. USE OF DEBRIS FROM DEMOLISHED BRIDGES AND OVERPASSES.
Section 1805(a) of the SAFETEA-LU (23 U.S.C. 144 note; 119 Stat.
1459) is amended by striking ``highway bridge replacement and
rehabilitation program under section 144'' and inserting ``national
highway performance program under section 119''.
SEC. 1524. <<NOTE: 23 USC 206 note.>> USE OF YOUTH SERVICE AND
CONSERVATION CORPS.
(a) <<NOTE: Contracts.>> In General.--The Secretary shall encourage
the States and regional transportation planning agencies to enter into
contracts and cooperative agreements with qualified youth service or
conservation corps, as defined in sections 122(a)(2) of Public Law 101-
610 (42 U.S.C. 12572(a)(2)) and 106(c)(3) of Public Law 103-82 (42
U.S.C. 12656(c)(3)) to perform appropriate projects eligible under
sections 162, 206, 213, and 217 of title 23, United States Code, and
under section 1404 of the SAFETEA-LU (119 Stat. 1228).
(b) Requirements.--Under any contract or cooperative agreement
entered into with a qualified youth service or conservation corps under
this section, the Secretary shall--
(1) set the amount of a living allowance or rate of pay for
each participant in such corps at--
(A) such amount or rate as required under State law
in a State with such requirements; or
(B) for corps in States not described in
subparagraph (A), at such amount or rate as determined
by the Secretary, not to exceed the maximum living
allowance authorized by section 140 of Public Law 101-
610 (42 U.S.C. 12594); and
(2) not subject such corps to the requirements of section
112 of title 23, United States Code.
SEC. 1525. <<NOTE: Deadline.>> STATE AUTONOMY FOR CULVERT PIPE
SELECTION.
Not later than 180 days after the date of enactment of this Act, the
Secretary shall modify section 635.411 of title 23, Code of Federal
Regulations (as in effect on the date of enactment of this Act), to
ensure that States shall have the autonomy to determine culvert and
storm sewer material types to be included in the construction of a
project on a Federal-aid highway.
SEC. 1526. <<NOTE: 23 USC 104 note.>> EVACUATION ROUTES.
Each State shall give adequate consideration to the needs of
evacuation routes in the State, including such routes serving or
adjacent to facilities operated by the Armed Forces, when allocating
[[Page 126 STAT. 581]]
funds apportioned to the State under title 23, United States Code, for
the construction of Federal-aid highways.
SEC. 1527. <<NOTE: 23 USC 106 note.>> CONSOLIDATION OF GRANTS.
(a) Definitions.--In this section, the term ``recipient'' means--
(1) a State, local, or tribal government, including--
(A) a territory of the United States;
(B) a transit agency;
(C) a port authority;
(D) a metropolitan planning organization; or
(E) any other political subdivision of a State or
local government;
(2) a multistate or multijurisdictional group, if each
member of the group is an entity described in paragraph (1); and
(3) a public-private partnership, if both parties are
engaged in building the project.
(b) Consolidation.--
(1) In general.--A recipient that receives multiple grant
awards from the Department to support 1 multimodal project may
request that the Secretary designate 1 modal administration in
the Department to be the lead administering authority for the
overall project.
(2) New starts.--Any project that includes funds awarded
under section 5309 of title 49, United States Code, shall be
exempt from consolidation under this section unless the grant
recipient requests the Federal Transit Administration to be the
lead administering authority.
(3) Review.--
(A) <<NOTE: Deadline.>> In general.--Not later than
30 days after the date on which a request under
paragraph (1) is made, the Secretary shall review the
request and approve or deny the designation of a single
modal administration as the lead administering authority
and point of contact for the Department.
(B) Notification.--
(i) In general.--The Secretary shall notify
the requestor of the decision of the Secretary
under subparagraph (A) in such form and at such
time as the Secretary and the requestor agree.
(ii) Denial.--If a request is denied, the
Secretary shall provide the requestor with a
detailed explanation of the reasoning of the
Secretary with the notification under clause (i).
(c) Duties.--
(1) In general.--A modal administration designated as a lead
administering authority under this section shall--
(A) be responsible for leading and coordinating the
integrated project management team, which shall consist
of all of the other modal administrations in the
Department relating to the multimodal project; and
(B) to the extent feasible during the first 30 days
of carrying out the multimodal project, identify
overlapping or duplicative regulatory requirements that
exist for the project and propose a single, streamlined
approach to meeting all of the applicable regulatory
requirements through the activities described in
subsection (d).
[[Page 126 STAT. 582]]
(2) Administration.--
(A) In general.--The Secretary shall transfer all
amounts that have been awarded for the multimodal
project to the modal administration designated as the
lead administering authority.
(B) Option.--
(i) In general.--Participation under this
section shall be optional for recipients, and no
recipient shall be required to participate.
(ii) Secretarial duties.--The Secretary is not
required to identify every recipient that may be
eligible to participate under this section.
(d) Cooperation.--
(1) In general.--The Secretary and modal administrations
with relevant jurisdiction over a multimodal project should
cooperate on project review and delivery activities at the
earliest practicable time.
(2) Purposes.--The purposes of the cooperation under
paragraph (1) are--
(A) to avoid delays and duplication of effort later
in the process;
(B) to prevent potential conflicts; and
(C) to ensure that planning and project development
decisions are made in a streamlined manner and
consistent with applicable law.
(e) Applicability.--Nothing in this section shall--
(1) supersede, amend, or modify the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other Federal
environmental law; or
(2) affect the responsibility of any Federal officer to
comply with or enforce any law described in paragraph (1).
SEC. 1528. <<NOTE: 40 USC 14501 note.>> APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM.
(a) Sense of the Senate.--It is the Sense of the Senate that the
timely completion of the Appalachian development highway system is a
transportation priority in the national interest.
(b) Modified Federal Share for Projects on ADHS.--For fiscal years
2012 through 2021, the Federal share payable for the cost of
constructing highways and access roads on the Appalachian development
highway system under section 14501 of title 40, United States Code, with
funds made available to a State for fiscal year 2012 or a previous
fiscal year for the Appalachian development highway system program, or
with funds made available for fiscal year 2012 or a previous fiscal year
for a specific project, route, or corridor on that system, shall be 100
percent.
(c) Federal Share for Other Funds Used on ADHS.--For fiscal years
2012 through 2021, the Federal share payable for the cost of
constructing highways and access roads on the Appalachian development
highway system under section 14501 of title 40, United States Code, with
Federal funds apportioned to a State for a program other than the
Appalachian development highway system program shall be 100 percent.
(d) Completion Plan.--
(1) <<NOTE: Deadline.>> In general.--Subject to paragraph
(2), not later than 1 year after the date of enactment of the
MAP-21, each State represented on the Appalachian Regional
Commission shall establish a plan for the completion of the
designated corridors
[[Page 126 STAT. 583]]
of the Appalachian development highway system within the State,
including annual performance targets, with a target completion
date.
(2) Significant uncompleted miles.--If the percentage of
remaining Appalachian development highway system needs for a
State, according to the latest cost to complete estimate for the
Appalachian development highway system, is greater than 15
percent of the total cost to complete estimate for the entire
Appalachian development highway system, the State shall not
establish a plan under paragraph (1) that would result in a
reduction of obligated funds for the Appalachian development
highway system within the State for any subsequent fiscal year.
SEC. 1529. <<NOTE: Deadline. Guidance. 23 USC 109
note.>> ENGINEERING JUDGMENT.
Not later than 90 days after the date of enactment of this Act, the
Secretary shall issue guidance to State transportation departments
clarifying that the standards, guidance, and options for design and
application of traffic control devices provided in the Manual on Uniform
Traffic Control Devices should not be considered a substitute for
engineering judgment.
SEC. 1530. TRANSPORTATION TRAINING AND EMPLOYMENT PROGRAMS.
To encourage the development of careers in the transportation field,
the Secretary of Education and the Secretary of Labor are encouraged to
use funds for training and employment education programs--
(1) to develop programs for transportation-related careers
and trades; and
(2) to work with the Secretary to carry out programs
developed under paragraph (1).
SEC. 1531. NOTICE OF CERTAIN GRANT AWARDS.
(a) Definition of Covered Grant Award.--In this section, the term
``covered grant award'' means a grant award--
(1) made--
(A) by the Department; and
(B) with funds made available under this Act; and
(2) in an amount equal to or greater than $500,000.
(b) <<NOTE: Deadline.>> Notice.--Except to the extent otherwise
expressly provided in another provision of law, at least 3 business days
before a covered grant award is announced, the Secretary 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 written notice of the covered grant award.
SEC. 1532. <<NOTE: 49 USC 301 note.>> BUDGET JUSTIFICATION.
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 budget justification for
each agency of the Department concurrently with the annual budget
submission of the President to Congress under section 1105(a) of title
31, United States Code.
[[Page 126 STAT. 584]]
SEC. 1533. PROHIBITION ON USE OF FUNDS FOR AUTOMATED TRAFFIC
ENFORCEMENT.
(a) Definition of Automated Traffic Enforcement System.--In this
section, the term ``automated traffic enforcement system'' means any
camera that captures an image of a vehicle for the purposes of traffic
law enforcement.
(b) Use of Funds.--Except as provided in subsection (c), for fiscal
years 2013 and 2014, funds apportioned to a State under section
104(b)(3) of title 23, United States Code, may not be used for any
program to purchase, operate, or maintain an automated traffic
enforcement system.
(c) Exception.--Subsection (b) shall not apply to automated traffic
enforcement systems used to improve safety in school zones.
SEC. 1534. <<NOTE: 49 USC 301 note.>> PUBLIC-PRIVATE PARTNERSHIPS.
(a) <<NOTE: Compilation. Public information. Web posting.>> Best
Practices.--The Secretary shall compile, and make available to the
public on the website of the Department, best practices on how States,
public transportation agencies, and other public officials can work with
the private sector in the development, financing, construction, and
operation of transportation facilities.
(b) Contents.--The best practices compiled under subsection (a)
shall include polices and techniques to ensure that the interests of the
traveling public and State and local governments are protected in any
agreement entered into with the private sector for the development,
financing, construction, and operation of transportation facilities.
(c) Technical Assistance.--The Secretary, on request, may provide
technical assistance to States, public transportation agencies, and
other public officials regarding proposed public-private partnership
agreements for the development, financing, construction, and operation
of transportation facilities, including assistance in analyzing whether
the use of a public-private partnership agreement would provide value
compared with traditional public delivery methods.
(d) <<NOTE: Deadline.>> Standard Transaction Contracts.--
(1) Development.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall develop standard
public-private partnership transaction model contracts for the
most popular types of public-private partnerships for the
development, financing, construction, and operation of
transportation facilities.
(2) Use.--The Secretary shall encourage States, public
transportation agencies, and other public officials to use the
model contracts as a base template when developing their own
public-private partnership agreements for the development,
financing, construction, and operation of transportation
facilities.
SEC. 1535. <<NOTE: 23 USC 101 note.>> REPORT ON HIGHWAY TRUST FUND
EXPENDITURES.
(a) Initial Report.--Not later than 150 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report describing the activities funded from
the Highway Trust Fund during each of fiscal years 2009 through 2011,
including for purposes other than construction and maintenance of
highways and bridges.
(b) <<NOTE: Time period.>> Updates.--Not later than 5 years after
the date on which the report is submitted under subsection (a) and every
5 years
[[Page 126 STAT. 585]]
thereafter, the Comptroller General of the United States shall submit to
Congress a report that updates the information provided in the report
under that subsection for the applicable 5-year period.
(c) Inclusions.--A report submitted under subsection (a) or (b)
shall include information similar to the information included in the
report of the Government Accountability Office numbered ``GAO-09-729R''
and entitled ``Highway Trust Fund Expenditures on Purposes Other Than
Construction and Maintenance of Highways and Bridges During Fiscal Years
2004-2008''.
SEC. 1536. SENSE OF CONGRESS ON HARBOR MAINTENANCE.
(a) Findings.--Congress finds that--
(1) there are 926 coastal, Great Lakes, and inland harbors
maintained by the Corps of Engineers;
(2) according to the Bureau of Transportation Statistics--
(A) in 2009, the ports and waterways of the United
States handled more than 2,200,000,000 short tons of
imports, exports, and domestic shipments; and
(B) in 2010, United States ports were responsible
for more than $1,400,000,000,000 in waterborne imports
and exports;
(3) according to the Congressional Research Service, full
channel dimensions are, on average, available approximately \1/
3\ of the time at the 59 harbors of the United States with the
highest use rates;
(4) in 1986, Congress created the Harbor Maintenance Trust
Fund to provide funds for the operation and maintenance of the
navigation channels of the United States;
(5) in fiscal year 2012, the Harbor Maintenance Trust Fund
is expected to grow from $6,280,000,000 to $7,011,000,000, an
increase of approximately 13 percent;
(6) despite growth of the Harbor Maintenance Trust Fund,
expenditures from the Harbor Maintenance Trust Fund have not
been sufficiently spent; and
(7) inadequate investment in dredging needs is restricting
access to the ports of the United States for domestic shipping,
imports, and exports and therefore threatening the economic
competitiveness of the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Administration should request full use of the Harbor
Maintenance Trust Fund for operating and maintaining the
navigation channels of the United States;
(2) the amounts in the Harbor Maintenance Trust Fund should
be fully expended to operate and maintain the navigation
channels of the United States; and
(3) Congress should ensure that other programs, projects,
and activities of the Civil Works Program of the Corps of
Engineers, especially those programs, projects, and activities
relating to inland navigation and flood control, are not
adversely impacted.
SEC. 1537. <<NOTE: 33 USC 2238a.>> ESTIMATE OF HARBOR MAINTENANCE
NEEDS.
For fiscal year 2014 and each fiscal year thereafter, the
President's budget request submitted pursuant to section 1105 of title
31, United States Code, shall include--
[[Page 126 STAT. 586]]
(1) an estimate of the nationwide average availability,
expressed as a percentage, of the authorized depth and
authorized width of all navigation channels authorized to be
maintained using appropriations from the Harbor Maintenance
Trust Fund that would result from harbor maintenance activities
to be funded by the budget request; and
(2) an estimate of the average annual amount of
appropriations from the Harbor Maintenance Trust Fund that would
be required to increase that average availability to 95 percent
over a 3-year period.
SEC. 1538. ASIAN CARP.
(a) Definitions.--In this section:
(1) Hydrological separation.--The term ``hydrological
separation'' means a physical separation on the Chicago Area
Waterway System that--
(A) would disconnect the Mississippi River watershed
from the Lake Michigan watershed; and
(B) shall be designed to be adequate in scope to
prevent the transfer of all aquatic species between each
of those bodies of water.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(b) Expedited Study and Report.--
(1) In general.--The Secretary shall--
(A) expedite completion of the report for the study
authorized by section 3061(d) of the Water Resources
Development Act of 2007 (Public Law 110-114; 121 Stat.
1121); and
(B) if the Secretary determines a project is
justified in the completed report, proceed directly to
project preconstruction engineering and design.
(2) Focus.--In expediting the completion of the study and
report under paragraph (1), the Secretary shall focus on--
(A) the prevention of the spread of aquatic nuisance
species between the Great Lakes and Mississippi River
Basins, such as through the permanent hydrological
separation of the Great Lakes and Mississippi River
Basins; and
(B) the watersheds of the following rivers and
tributaries associated with the Chicago Area Waterway
System:
(i) The Illinois River, at and in the vicinity
of Chicago, Illinois.
(ii) The Chicago River, Calumet River, North
Shore Channel, Chicago Sanitary and Ship Canal,
and Cal-Sag Channel in the State of Illinois.
(iii) The Grand Calumet River and Little
Calumet River in the States of Illinois and
Indiana.
(3) Efficient use of funds.--The Secretary shall ensure the
efficient use of funds to maximize the timely completion of the
study and report under paragraph (1).
(4) Deadline.--The Secretary shall complete the report under
paragraph (1) by not later than 18 months after the date of
enactment of this Act.
(5) Interim report.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall submit to
[[Page 126 STAT. 587]]
the Committees on Appropriations of the House of Representatives
and Senate, the Committee on Environment and Public Works of the
Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives a report describing--
(A) interim milestones that will be met prior to
final completion of the study and report under paragraph
(1); and
(B) funding necessary for completion of the study
and report under paragraph (1), including funding
necessary for completion of each interim milestone
identified under subparagraph (A).
SEC. 1539. REST AREAS.
(a) Agreements Relating to Use of and Access to Rights-of-way--
Interstate System.--Section 111 of title 23, United States Code, is
amended--
(1) in subsection (a) in the second sentence by striking the
period and inserting ``and will not change the boundary of any
right-of-way on the Interstate System to accommodate
construction of, or afford access to, an automotive service
station or other commercial establishment.'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Rest Areas.--
``(1) In general.--Notwithstanding subsection (a), the
Secretary shall permit a State to acquire, construct, operate,
and maintain a rest area along a highway on the Interstate
System in such State.
``(2) Limited activities.--The Secretary shall permit
limited commercial activities within a rest area under paragraph
(1), if the activities are available only to customers using the
rest area and are limited to--
``(A) commercial advertising and media displays if
such advertising and displays are--
``(i) exhibited solely within any facility
constructed in the rest area; and
``(ii) not legible from the main traveled way;
``(B) items designed to promote tourism in the
State, limited to books, DVDs, and other media;
``(C) tickets for events or attractions in the State
of a historical or tourism-related nature;
``(D) travel-related information, including maps,
travel booklets, and hotel coupon booklets; and
``(E) lottery machines, provided that the priority
afforded to blind vendors under subsection (c) applies
to this subparagraph.
``(3) Private operators.--A State may permit a private party
to operate such commercial activities.
``(4) Limitation on use of revenues.--A State shall use any
revenues received from the commercial activities in a rest area
under this section to cover the costs of acquiring,
constructing, operating, and maintaining rest areas in the
State.''.
(b) Control of Outdoor Advertising.--Section 131(i) of title 23,
United States Code, is amended by adding at the end the following:
[[Page 126 STAT. 588]]
``A State may permit the installation of signs that acknowledge the
sponsorship of rest areas within such rest areas or along the main
traveled way of the system, provided that such signs shall not affect
the safe and efficient utilization of the Interstate System and the
primary system. <<NOTE: Criteria.>> The Secretary shall establish
criteria for the installation of such signs on the main traveled way,
including criteria pertaining to the placement of rest area sponsorship
acknowledgment signs in relation to the placement of advance guide signs
for rest areas.''.
Subtitle F-- <<NOTE: Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States Act of
2012.>> Gulf Coast Restoration
SEC. 1601. <<NOTE: 33 USC 1321 note.>> SHORT TITLE.
This subtitle may be cited as the ``Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived Economies of the Gulf
Coast States Act of 2012''.
SEC. 1602. <<NOTE: 33 USC 1321 note.>> GULF COAST RESTORATION
TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Gulf Coast Restoration
Trust Fund'' (referred to in this section as the ``Trust Fund''),
consisting of such amounts as are deposited in the Trust Fund under this
Act or any other provision of law.
(b) Transfers.--The Secretary of the Treasury shall deposit in the
Trust Fund an amount equal to 80 percent of all administrative and civil
penalties paid by responsible parties after the date of enactment of
this Act in connection with the explosion on, and sinking of, the mobile
offshore drilling unit Deepwater Horizon pursuant to a court order,
negotiated settlement, or other instrument in accordance with section
311 of the Federal Water Pollution Control Act (33 U.S.C. 1321).
(c) Expenditures.--Amounts in the Trust Fund, including interest
earned on advances to the Trust Fund and proceeds from investment under
subsection (d), shall--
(1) be available for expenditure, without further
appropriation, solely for the purpose and eligible activities of
this subtitle and the amendments made by this subtitle; and
(2) remain available until expended, without fiscal year
limitation.
(d) Investment.--Amounts in the Trust Fund shall be invested in
accordance with section 9702 of title 31, United States Code, and any
interest on, and proceeds from, any such investment shall be available
for expenditure in accordance with this subtitle and the amendments made
by this subtitle.
(e) <<NOTE: Deadline. Procedures.>> Administration.--Not later than
180 days after the date of enactment of this Act, after providing notice
and an opportunity for public comment, the Secretary of the Treasury, in
consultation with the Secretary of the Interior and the Secretary of
Commerce, shall establish such procedures as the Secretary determines to
be necessary to deposit amounts in, and expend amounts from, the Trust
Fund pursuant to this subtitle, including--
(1) procedures to assess whether the programs and activities
carried out under this subtitle and the amendments made by this
subtitle achieve compliance with applicable requirements,
including procedures by which the Secretary of the Treasury may
determine whether an expenditure by a Gulf
[[Page 126 STAT. 589]]
Coast State or coastal political subdivision (as those terms are
defined in section 311 of the Federal Water Pollution Control
Act (33 U.S.C. 1321)) pursuant to such a program or activity
achieves compliance;
(2) auditing requirements to ensure that amounts in the
Trust Fund are expended as intended; and
(3) procedures for identification and allocation of funds
available to the Secretary under other provisions of law that
may be necessary to pay the administrative expenses directly
attributable to the management of the Trust Fund.
(f) Sunset.--The authority for the Trust Fund shall terminate on the
date all funds in the Trust Fund have been expended.
SEC. 1603. <<NOTE: 33 USC 1321 note.>> GULF COAST NATURAL
RESOURCES RESTORATION AND ECONOMIC
RECOVERY.
Section 311 of the Federal Water Pollution Control Act (33 U.S.C.
1321) is amended--
(1) in subsection (a)--
(A) in paragraph (25)(B), by striking ``and'' at the
end;
(B) in paragraph (26)(D), by striking the period at
the end and inserting a semicolon; and
(C) <<NOTE: Definitions.>> by adding at the end the
following:
``(27) the term `best available science' means science
that--
``(A) maximizes the quality, objectivity, and
integrity of information, including statistical
information;
``(B) uses peer-reviewed and publicly available
data; and
``(C) clearly documents and communicates risks and
uncertainties in the scientific basis for such projects;
``(28) the term `Chairperson' means the Chairperson of the
Council;
``(29) the term `coastal political subdivision' means any
local political jurisdiction that is immediately below the State
level of government, including a county, parish, or borough,
with a coastline that is contiguous with any portion of the
United States Gulf of Mexico;
``(30) the term `Comprehensive Plan' means the comprehensive
plan developed by the Council pursuant to subsection (t);
``(31) the term `Council' means the Gulf Coast Ecosystem
Restoration Council established pursuant to subsection (t);
``(32) the term `Deepwater Horizon oil spill' means the
blowout and explosion of the mobile offshore drilling unit
Deepwater Horizon that occurred on April 20, 2010, and resulting
hydrocarbon releases into the environment;
``(33) the term `Gulf Coast region' means--
``(A) in the Gulf Coast States, the coastal zones
(as that term is defined in section 304 of the Coastal
Zone Management Act of 1972 (16 U.S.C. 1453)), except
that, in this section, the term `coastal zones' includes
land within the coastal zones that is held in trust by,
or the use of which is by law subject solely to the
discretion of, the Federal Government or officers or
agents of the Federal Government)) that border the Gulf
of Mexico;
``(B) any adjacent land, water, and watersheds, that
are within 25 miles of the coastal zones described in
subparagraph (A) of the Gulf Coast States; and
[[Page 126 STAT. 590]]
``(C) all Federal waters in the Gulf of Mexico;
``(34) the term `Gulf Coast State' means any of the States
of Alabama, Florida, Louisiana, Mississippi, and Texas; and
``(35) the term `Trust Fund' means the Gulf Coast
Restoration Trust Fund established pursuant to section 1602 of
the Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012.'';
(2) in subsection (s), by inserting ``except as provided in
subsection (t)'' before the period at the end; and
(3) by adding at the end the following:
``(t) Gulf Coast Restoration and Recovery.--
``(1) State allocation and expenditures.--
``(A) In general.--Of the total amounts made
available in any fiscal year from the Trust Fund, 35
percent shall be available, in accordance with the
requirements of this section, to the Gulf Coast States
in equal shares for expenditure for ecological and
economic restoration of the Gulf Coast region in
accordance with this subsection.
``(B) Use of funds.--
``(i) Eligible activities in the gulf coast
region.--Subject to clause (iii), amounts provided
to the Gulf Coast States under this subsection may
only be used to carry out 1 or more of the
following activities in the Gulf Coast region:
``(I) Restoration and protection of
the natural resources, ecosystems,
fisheries, marine and wildlife habitats,
beaches, and coastal wetlands of the
Gulf Coast region.
``(II) Mitigation of damage to fish,
wildlife, and natural resources.
``(III) Implementation of a
federally approved marine, coastal, or
comprehensive conservation management
plan, including fisheries monitoring.
``(IV) Workforce development and job
creation.
``(V) Improvements to or on State
parks located in coastal areas affected
by the Deepwater Horizon oil spill.
``(VI) Infrastructure projects
benefitting the economy or ecological
resources, including port
infrastructure.
``(VII) Coastal flood protection and
related infrastructure.
``(VIII) Planning assistance.
``(IX) Administrative costs of
complying with this subsection.
``(ii) Activities to promote tourism and
seafood in the gulf coast region.--Amounts
provided to the Gulf Coast States under this
subsection may be used to carry out 1 or more of
the following activities:
``(I) Promotion of tourism in the
Gulf Coast Region, including
recreational fishing.
``(II) Promotion of the consumption
of seafood harvested from the Gulf Coast
Region.
``(iii) Limitation.--
``(I) In general.--Of the amounts
received by a Gulf Coast State under
this subsection, not more
[[Page 126 STAT. 591]]
than 3 percent may be used for
administrative costs eligible under
clause (i)(IX).
``(II) Claims for compensation.--
Activities funded under this subsection
may not be included in any claim for
compensation paid out by the Oil Spill
Liability Trust Fund after the date of
enactment of this subsection.
``(C) Coastal political subdivisions.--
``(i) Distribution.--In the case of a State
where the coastal zone includes the entire State--
``(I) 75 percent of funding shall be
provided directly to the 8
disproportionately affected counties
impacted by the Deepwater Horizon oil
spill; and
``(II) 25 percent shall be provided
directly to nondisproportionately
impacted counties within the State.
``(ii) Nondisproportionately impacted
counties.--The total amounts made available to
coastal political subdivisions in the State of
Florida under clause (i)(II) shall be distributed
according to the following weighted formula:
``(I) 34 percent based on the
weighted average of the population of
the county.
``(II) 33 percent based on the
weighted average of the county per
capita sales tax collections estimated
for fiscal year 2012.
``(III) 33 percent based on the
inverse proportion of the weighted
average distance from the Deepwater
Horizon oil rig to each of the nearest
and farthest points of the shoreline.
``(D) Louisiana.--
``(i) In general.--Of the total amounts made
available to the State of Louisiana under this
paragraph:
``(I) 70 percent shall be provided
directly to the State in accordance with
this subsection.
``(II) 30 percent shall be provided
directly to parishes in the coastal zone
(as defined in section 304 of the
Coastal Zone Management Act of 1972 (16
U.S.C. 1453)) of the State of Louisiana
according to the following weighted
formula:
``(aa) 40 percent based on
the weighted average of miles of
the parish shoreline oiled.
``(bb) 40 percent based on
the weighted average of the
population of the parish.
``(cc) 20 percent based on
the weighted average of the land
mass of the parish.
``(ii) Conditions.--
``(I) Land use plan.--As a condition
of receiving amounts allocated under
this paragraph, the chief executive of
the eligible parish shall certify to the
Governor of the State that the parish
has completed a comprehensive land use
plan.
``(II) Other conditions.--A coastal
political subdivision receiving funding
under this paragraph shall meet all of
the conditions in subparagraph (E).
[[Page 126 STAT. 592]]
``(E) Conditions.--As a condition of receiving
amounts from the Trust Fund, a Gulf Coast State,
including the entities described in subparagraph (F), or
a coastal political subdivision shall--
``(i) agree to meet such conditions, including
audit requirements, as the Secretary of the
Treasury determines necessary to ensure that
amounts disbursed from the Trust Fund will be used
in accordance with this subsection;
``(ii) <<NOTE: Certification.>> certify in
such form and in such manner as the Secretary of
the Treasury determines necessary that the project
or program for which the Gulf Coast State or
coastal political subdivision is requesting
amounts--
``(I) is designed to restore and
protect the natural resources,
ecosystems, fisheries, marine and
wildlife habitats, beaches, coastal
wetlands, or economy of the Gulf Coast;
``(II) carries out 1 or more of the
activities described in clauses (i) and
(ii) of subparagraph (B);
``(III) was selected based on
meaningful input from the public,
including broad-based participation from
individuals, businesses, and nonprofit
organizations; and
``(IV) in the case of a natural
resource protection or restoration
project, is based on the best available
science;
``(iii) <<NOTE: Certification.>> certify that
the project or program and the awarding of a
contract for the expenditure of amounts received
under this paragraph are consistent with the
standard procurement rules and regulations
governing a comparable project or program in that
State, including all applicable competitive
bidding and audit requirements; and
``(iv) <<NOTE: Implementation plan.>> develop
and submit a multiyear implementation plan for the
use of such amounts, which may include milestones,
projected completion of each activity, and a
mechanism to evaluate the success of each activity
in helping to restore and protect the Gulf Coast
region impacted by the Deepwater Horizon oil
spill.
``(F) Approval by state entity, task force, or
agency.--The following Gulf Coast State entities, task
forces, or agencies shall carry out the duties of a Gulf
Coast State pursuant to this paragraph:
``(i) Alabama.--
``(I) In general.--In the State of
Alabama, the Alabama Gulf Coast Recovery
Council, which shall be comprised of
only the following:
``(aa) The Governor of
Alabama, who shall also serve as
Chairperson and preside over the
meetings of the Alabama Gulf
Coast Recovery Council.
``(bb) The Director of the
Alabama State Port Authority,
who shall also serve as Vice
Chairperson and preside over the
meetings
[[Page 126 STAT. 593]]
of the Alabama Gulf Coast
Recovery Council in the absence
of the Chairperson.
``(cc) The Chairman of the
Baldwin County Commission.
``(dd) The President of the
Mobile County Commission.
``(ee) The Mayor of the city
of Bayou La Batre.
``(ff) The Mayor of the town
of Dauphin Island.
``(gg) The Mayor of the city
of Fairhope.
``(hh) The Mayor of the city
of Gulf Shores.
``(ii) The Mayor of the city
of Mobile.
``(jj) The Mayor of the city
of Orange Beach.
``(II) Vote.--Each member of the
Alabama Gulf Coast Recovery Council
shall be entitled to 1 vote.
``(III) Majority vote.--All
decisions of the Alabama Gulf Coast
Recovery Council shall be made by
majority vote.
``(IV) Limitation on administrative
expenses.--Administrative duties for the
Alabama Gulf Coast Recovery Council may
only be performed by public officials
and employees that are subject to the
ethics laws of the State of Alabama.
``(ii) Louisiana.--In the State of Louisiana,
the Coastal Protection and Restoration Authority
of Louisiana.
``(iii) Mississippi.--In the State of
Mississippi, the Mississippi Department of
Environmental Quality.
``(iv) Texas.--In the State of Texas, the
Office of the Governor or an appointee of the
Office of the Governor.
``(G) Compliance with eligible activities.--If the
Secretary of the Treasury determines that an expenditure
by a Gulf Coast State or coastal political subdivision
of amounts made available under this subsection does not
meet one of the activities described in clauses (i) and
(ii) of subparagraph (B), the Secretary shall make no
additional amounts from the Trust Fund available to that
Gulf Coast State or coastal political subdivision until
such time as an amount equal to the amount expended for
the unauthorized use--
``(i) has been deposited by the Gulf Coast
State or coastal political subdivision in the
Trust Fund; or
``(ii) has been authorized by the Secretary of
the Treasury for expenditure by the Gulf Coast
State or coastal political subdivision for a
project or program that meets the requirements of
this subsection.
``(H) Compliance with conditions.--If the Secretary
of the Treasury determines that a Gulf Coast State or
coastal political subdivision does not meet the
requirements of this paragraph, including the conditions
of subparagraph (E), where applicable, the Secretary of
the Treasury shall make no amounts from the Trust Fund
available to that
[[Page 126 STAT. 594]]
Gulf Coast State or coastal political subdivision until
all conditions of this paragraph are met.
``(I) Public input.--In meeting any condition of
this paragraph, a Gulf Coast State may use an
appropriate procedure for public consultation in that
Gulf Coast State, including consulting with one or more
established task forces or other entities, to develop
recommendations for proposed projects and programs that
would restore and protect the natural resources,
ecosystems, fisheries, marine and wildlife habitats,
beaches, coastal wetlands, and economy of the Gulf
Coast.
``(J) Previously approved projects and programs.--A
Gulf Coast State or coastal political subdivision shall
be considered to have met the conditions of subparagraph
(E) for a specific project or program if, before the
date of enactment of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012--
``(i) the Gulf Coast State or coastal
political subdivision has established conditions
for carrying out projects and programs that are
substantively the same as the conditions described
in subparagraph (E); and
``(ii) the applicable project or program
carries out 1 or more of the activities described
in clauses (i) and (ii) of subparagraph (B).
``(K) <<NOTE: Contracts.>> Local preference.--In
awarding contracts to carry out a project or program
under this paragraph, a Gulf Coast State or coastal
political subdivision may give a preference to
individuals and companies that reside in, are
headquartered in, or are principally engaged in business
in the State of project execution.
``(L) <<NOTE: Plan.>> Unused funds.--Funds allocated
to a State or coastal political subdivision under this
paragraph shall remain in the Trust Fund until such time
as the State or coastal political subdivision develops
and submits a plan identifying uses for those funds in
accordance with subparagraph (E)(iv).
``(M) Judicial review.--If the Secretary of the
Treasury determines that a Gulf Coast State or coastal
political subdivision does not meet the requirements of
this paragraph, including the conditions of subparagraph
(E), the Gulf Coast State or coastal political
subdivision may obtain expedited judicial review within
90 days after that decision in a district court of the
United States, of appropriate jurisdiction and venue,
that is located within the State seeking the review.
``(N) Cost-sharing.--
``(i) In general.--A Gulf Coast State or
coastal political subdivision may use, in whole or
in part, amounts made available under this
paragraph to that Gulf Coast State or coastal
political subdivision to satisfy the non-Federal
share of the cost of any project or program
authorized by Federal law that is an eligible
activity described in clauses (i) and (ii) of
subparagraph (B).
``(ii) Effect on other funds.--The use of
funds made available from the Trust Fund to
satisfy the
[[Page 126 STAT. 595]]
non-Federal share of the cost of a project or
program that meets the requirements of clause (i)
shall not affect the priority in which other
Federal funds are allocated or awarded.
``(2) Council establishment and allocation.--
``(A) In general.--Of the total amount made
available in any fiscal year from the Trust Fund, 30
percent shall be disbursed to the Council to carry out
the Comprehensive Plan.
``(B) Council expenditures.--
``(i) In general.--In accordance with this
paragraph, the Council shall expend funds made
available from the Trust Fund to undertake
projects and programs, using the best available
science, that would restore and protect the
natural resources, ecosystems, fisheries, marine
and wildlife habitats, beaches, coastal wetlands,
and economy of the Gulf Coast.
``(ii) <<NOTE: Audits.>> Allocation and
expenditure procedures.--The Secretary of the
Treasury shall develop such conditions, including
audit requirements, as the Secretary of the
Treasury determines necessary to ensure that
amounts disbursed from the Trust Fund to the
Council to implement the Comprehensive Plan will
be used in accordance with this paragraph.
``(iii) Administrative expenses.--Of the
amounts received by the Council under this
paragraph, not more than 3 percent may be used for
administrative expenses, including staff.
``(C) Gulf coast ecosystem restoration council.--
``(i) Establishment.--There is established as
an independent entity in the Federal Government a
council to be known as the `Gulf Coast Ecosystem
Restoration Council'.
``(ii) Membership.--The Council shall consist
of the following members, or in the case of a
Federal agency, a designee at the level of the
Assistant Secretary or the equivalent:
``(I) The Secretary of the Interior.
``(II) The Secretary of the Army.
``(III) The Secretary of Commerce.
``(IV) The Administrator of the
Environmental Protection Agency.
``(V) The Secretary of Agriculture.
``(VI) The head of the department in
which the Coast Guard is operating.
``(VII) The Governor of the State of
Alabama.
``(VIII) The Governor of the State
of Florida.
``(IX) The Governor of the State of
Louisiana.
``(X) The Governor of the State of
Mississippi.
``(XI) The Governor of the State of
Texas.
``(iii) Alternate.--A Governor appointed to
the Council by the President may designate an
alternate to represent the Governor on the Council
and vote on behalf of the Governor.
``(iv) <<NOTE: President. Appointment.>> Chairperso
n.--From among the Federal agency members of the
Council, the representatives of States on the
Council shall select, and the President
[[Page 126 STAT. 596]]
shall appoint, 1 Federal member to serve as
Chairperson of the Council.
``(v) Presidential appointment.--All Council
members shall be appointed by the President.
``(vi) Council actions.--
``(I) In general.--The following
actions by the Council shall require the
affirmative vote of the Chairperson and
a majority of the State members to be
effective:
``(aa) Approval of a
Comprehensive Plan and future
revisions to a Comprehensive
Plan.
``(bb) Approval of State
plans pursuant to paragraph
(3)(B)(iv).
``(cc) Approval of reports
to Congress pursuant to clause
(vii)(VII).
``(dd) Approval of transfers
pursuant to subparagraph
(E)(ii)(I).
``(ee) Other significant
actions determined by the
Council.
``(II) Quorum.--A majority of State
members shall be required to be present
for the Council to take any significant
action.
``(III) Affirmative vote requirement
considered met.--For approval of State
plans pursuant to paragraph (3)(B)(iv),
the certification by a State member of
the Council that the plan satisfies all
requirements of clauses (i) and (ii) of
paragraph (3)(B), when joined by an
affirmative vote of the Federal
Chairperson of the Council, shall be
considered to satisfy the requirements
for affirmative votes under subclause
(I).
``(IV) Public transparency.--
Appropriate actions of the Council,
including significant actions and
associated deliberations, shall be made
available to the public via electronic
means prior to any vote.
``(vii) Duties of council.--The Council
shall--
``(I) develop the Comprehensive Plan
and future revisions to the
Comprehensive Plan;
``(II) identify as soon as
practicable the projects that--
``(aa) have been authorized
prior to the date of enactment
of this subsection but not yet
commenced; and
``(bb) if implemented
quickly, would restore and
protect the natural resources,
ecosystems, fisheries, marine
and wildlife habitats, beaches,
barrier islands, dunes, and
coastal wetlands of the Gulf
Coast region;
``(III) establish such other 1 or
more advisory committees as may be
necessary to assist the Council,
including a scientific advisory
committee and a committee to advise the
Council on public policy issues;
``(IV) collect and consider
scientific and other research associated
with restoration of the Gulf Coast
ecosystem, including research,
observation,
[[Page 126 STAT. 597]]
and monitoring carried out pursuant to
sections 1604 and 1605 of the Resources
and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of
the Gulf Coast States Act of 2012;
``(V) develop standard terms to
include in contracts for projects and
programs awarded pursuant to the
Comprehensive Plan that provide a
preference to individuals and companies
that reside in, are headquartered in, or
are principally engaged in business in a
Gulf Coast State;
``(VI) prepare an integrated
financial plan and recommendations for
coordinated budget requests for the
amounts proposed to be expended by the
Federal agencies represented on the
Council for projects and programs in the
Gulf Coast States; and
``(VII) <<NOTE: Reports.>> submit to
Congress an annual report that--
``(aa) summarizes the
policies, strategies, plans, and
activities for addressing the
restoration and protection of
the Gulf Coast region;
``(bb) describes the
projects and programs being
implemented to restore and
protect the Gulf Coast region,
including--
``(AA) a list of each
project and program;
``(BB) an identification
of the funding provided to
projects and programs
identified in subitem (AA);
``(CC) an identification
of each recipient for
funding identified in
subitem (BB); and
``(DD) a description of
the length of time and
funding needed to complete
the objectives of each
project and program
identified in subitem (AA);
``(cc) makes such
recommendations to Congress for
modifications of existing laws
as the Council determines
necessary to implement the
Comprehensive Plan;
``(dd) reports on the
progress on implementation of
each project or program--
``(AA) after 3 years of
ongoing activity of the
project or program, if
applicable; and
``(BB) on completion of
the project or program;
``(ee) includes the
information required to be
submitted under section
1605(c)(4) of the Resources and
Ecosystems Sustainability,
Tourist Opportunities, and
Revived Economies of the Gulf
Coast States Act of 2012; and
``(ff) submits the reports
required under item (dd) to--
``(AA) the Committee on
Science, Space, and
Technology, the Committee on
[[Page 126 STAT. 598]]
Natural Resources, the
Committee on Transportation
and Infrastructure, and the
Committee on Appropriations
of the House of
Representatives; and
``(BB) the Committee on
Environment and Public
Works, the Committee on
Commerce, Science, and
Transportation, the
Committee on Energy and
Natural Resources, and the
Committee on Appropriations
of the Senate.
``(viii) Application of federal advisory
committee act.--The Council, or any other advisory
committee established under this subparagraph,
shall not be considered an advisory committee
under the Federal Advisory Committee Act (5 U.S.C.
App.).
``(ix) Sunset.--The authority for the Council,
and any other advisory committee established under
this subparagraph, shall terminate on the date all
funds in the Trust Fund have been expended.
``(D) Comprehensive plan.--
``(i) Proposed plan.--
``(I) <<NOTE: Deadline. Publication.>> In
general.--Not later than 180 days after
the date of enactment of the Resources
and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of
the Gulf Coast States Act of 2012, the
Chairperson, on behalf of the Council
and after appropriate public input,
review, and comment, shall publish a
proposed plan to restore and protect the
natural resources, ecosystems,
fisheries, marine and wildlife habitats,
beaches, and coastal wetlands of the
Gulf Coast region.
``(II) Inclusions.--The proposed
plan described in subclause (I) shall
include and incorporate the findings and
information prepared by the President's
Gulf Coast Restoration Task Force.
``(ii) Publication.--
``(I) <<NOTE: Deadline. Federal
Register, publication.>> Initial plan.--
Not later than 1 year after the date of
enactment of the Resources and
Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of
the Gulf Coast States Act of 2012 and
after notice and opportunity for public
comment, the Chairperson, on behalf of
the Council and after approval by the
Council, shall publish in the Federal
Register the initial Comprehensive Plan
to restore and protect the natural
resources, ecosystems, fisheries, marine
and wildlife habitats, beaches, and
coastal wetlands of the Gulf Coast
region.
``(II) Cooperation with gulf coast
restoration task force.--The Council
shall develop the initial Comprehensive
Plan in close coordination with the
President's Gulf Coast Restoration Task
Force.
``(III) Considerations.--In
developing the initial Comprehensive
Plan and subsequent updates, the Council
shall consider all relevant findings,
[[Page 126 STAT. 599]]
reports, or research prepared or funded
under section 1604 or 1605 of the
Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act
of 2012.
``(IV) Contents.--The initial
Comprehensive Plan shall include--
``(aa) such provisions as
are necessary to fully
incorporate in the Comprehensive
Plan the strategy, projects, and
programs recommended by the
President's Gulf Coast
Restoration Task Force;
``(bb) a list of any project
or program authorized prior to
the date of enactment of this
subsection but not yet
commenced, the completion of
which would further the purposes
and goals of this subsection and
of the Resources and Ecosystems
Sustainability, Tourist
Opportunities, and Revived
Economies of the Gulf Coast
States Act of 2012;
``(cc) a description of the
manner in which amounts from the
Trust Fund projected to be made
available to the Council for the
succeeding 10 years will be
allocated; and
``(dd) subject to available
funding in accordance with
clause (iii), a prioritized list
of specific projects and
programs to be funded and
carried out during the 3-year
period immediately following the
date of publication of the
initial Comprehensive Plan,
including a table that
illustrates the distribution of
projects and programs by the
Gulf Coast State.
``(V) Plan updates.--The Council
shall update--
``(aa) <<NOTE: Time
period.>> the Comprehensive Plan
every 5 years in a manner
comparable to the manner
established in this subparagraph
for each 5-year period for which
amounts are expected to be made
available to the Gulf Coast
States from the Trust Fund; and
``(bb) the 3-year list of
projects and programs described
in subclause (IV)(dd) annually.
``(iii) Restoration priorities.--Except for
projects and programs described in clause
(ii)(IV)(bb), in selecting projects and programs
to include on the 3-year list described in clause
(ii)(IV)(dd), based on the best available science,
the Council shall give highest priority to
projects that address 1 or more of the following
criteria:
``(I) Projects that are projected to
make the greatest contribution to
restoring and protecting the natural
resources, ecosystems, fisheries, marine
and wildlife habitats, beaches, and
coastal wetlands of the Gulf Coast
region, without regard to geographic
location within the Gulf Coast region.
[[Page 126 STAT. 600]]
``(II) Large-scale projects and
programs that are projected to
substantially contribute to restoring
and protecting the natural resources,
ecosystems, fisheries, marine and
wildlife habitats, beaches, and coastal
wetlands of the Gulf Coast ecosystem.
``(III) Projects contained in
existing Gulf Coast State comprehensive
plans for the restoration and protection
of natural resources, ecosystems,
fisheries, marine and wildlife habitats,
beaches, and coastal wetlands of the
Gulf Coast region.
``(IV) Projects that restore long-
term resiliency of the natural
resources, ecosystems, fisheries, marine
and wildlife habitats, beaches, and
coastal wetlands most impacted by the
Deepwater Horizon oil spill.
``(E) Implementation.--
``(i) In general.--The Council, acting through
the Federal agencies represented on the Council
and Gulf Coast States, shall expend funds made
available from the Trust Fund to carry out
projects and programs adopted in the Comprehensive
Plan.
``(ii) Administrative responsibility.--
``(I) In general.--Primary authority
and responsibility for each project and
program included in the Comprehensive
Plan shall be assigned by the Council to
a Gulf Coast State represented on the
Council or a Federal agency.
``(II) Transfer of amounts.--Amounts
necessary to carry out each project or
program included in the Comprehensive
Plan shall be transferred by the
Secretary of the Treasury from the Trust
Fund to that Federal agency or Gulf
Coast State as the project or program is
implemented, subject to such conditions
as the Secretary of the Treasury, in
consultation with the Secretary of the
Interior and the Secretary of Commerce,
established pursuant to section 1602 of
the Resources and Ecosystems
Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast
States Act of 2012.
``(III) <<NOTE: Federal Register,
publication.>> Limitation on
transfers.--
``(aa) Grants to
nongovernmental entities.--In
the case of funds transferred to
a Federal or State agency under
subclause (II), the agency shall
not make 1 or more grants or
cooperative agreements to a
nongovernmental entity if the
total amount provided to the
entity would equal or exceed 10
percent of the total amount
provided to the agency for that
particular project or program,
unless the 1 or more grants have
been reported in accordance with
item (bb).
``(bb) <<NOTE: Time
period.>> Reporting of
grantees.--At least 30 days
prior to making a grant or
entering into a cooperative
agreement described in item
(aa), the name of each grantee,
including the
[[Page 126 STAT. 601]]
amount and purpose of each grant
or cooperative agreement, shall
be published in the Federal
Register and delivered to the
congressional committees listed
in subparagraph
(C)(vii)(VII)(ff).
``(cc) Annual reporting of
grantees.--Annually, the name of
each grantee, including the
amount and purposes of each
grant or cooperative agreement,
shall be published in the
Federal Register and delivered
to Congress as part of the
report submitted pursuant to
subparagraph (C)(vii)(VII).
``(IV) Project and program
limitation.--The Council, a Federal
agency, or a State may not carry out a
project or program funded under this
paragraph outside of the Gulf Coast
region.
``(F) Coordination.--The Council and the Federal
members of the Council may develop memoranda of
understanding establishing integrated funding and
implementation plans among the member agencies and
authorities.
``(3) Oil spill restoration impact allocation.--
``(A) In general.--
``(i) Disbursement.--Of the total amount made
available from the Trust Fund, 30 percent shall be
disbursed pursuant to the formula in clause (ii)
to the Gulf Coast States on the approval of the
plan described in subparagraph (B)(i).
``(ii) <<NOTE: Regulations.>> Formula.--
Subject to subparagraph (B), for each Gulf Coast
State, the amount disbursed under this paragraph
shall be based on a formula established by the
Council by regulation that is based on a weighted
average of the following criteria:
``(I) 40 percent based on the
proportionate number of miles of
shoreline in each Gulf Coast State that
experienced oiling on or before April
10, 2011, compared to the total number
of miles of shoreline that experienced
oiling as a result of the Deepwater
Horizon oil spill.
``(II) 40 percent based on the
inverse proportion of the average
distance from the mobile offshore
drilling unit Deepwater Horizon at the
time of the explosion to the nearest and
farthest point of the shoreline that
experienced oiling of each Gulf Coast
State.
``(III) 20 percent based on the
average population in the 2010 decennial
census of coastal counties bordering the
Gulf of Mexico within each Gulf Coast
State.
``(iii) Minimum allocation.--The amount
disbursed to a Gulf Coast State for each fiscal
year under clause (ii) shall be at least 5 percent
of the total amounts made available under this
paragraph.
``(B) Disbursement of funds.--
``(i) <<NOTE: Expenditure plan.>> In
general.--The Council shall disburse amounts to
the respective Gulf Coast States in accordance
with the formula developed under subparagraph (A)
for projects, programs, and activities that will
[[Page 126 STAT. 602]]
improve the ecosystems or economy of the Gulf
Coast region, subject to the condition that each
Gulf Coast State submits a plan for the
expenditure of amounts disbursed under this
paragraph that meets the following criteria:
``(I) All projects, programs, and
activities included in the plan are
eligible activities pursuant to clauses
(i) and (ii) of paragraph (1)(B).
``(II) The projects, programs, and
activities included in the plan
contribute to the overall economic and
ecological recovery of the Gulf Coast.
``(III) The plan takes into
consideration the Comprehensive Plan and
is consistent with the goals and
objectives of the Plan, as described in
paragraph (2)(B)(i).
``(ii) Funding.--
``(I) In general.--Except as
provided in subclause (II), the plan
described in clause (i) may use not more
than 25 percent of the funding made
available for infrastructure projects
eligible under subclauses (VI) and (VII)
of paragraph (1)(B)(i).
``(II) Exception.--The plan
described in clause (i) may propose to
use more than 25 percent of the funding
made available for infrastructure
projects eligible under subclauses (VI)
and (VII) of paragraph (1)(B)(i) if the
plan certifies that--
``(aa) ecosystem restoration
needs in the State will be
addressed by the projects in the
proposed plan; and
``(bb) additional investment
in infrastructure is required to
mitigate the impacts of the
Deepwater Horizon Oil Spill to
the ecosystem or economy.
``(iii) <<NOTE: State
listing.>> Development.--The plan described in
clause (i) shall be developed by--
``(I) in the State of Alabama, the
Alabama Gulf Coast Recovery Council
established under paragraph (1)(F)(i);
``(II) in the State of Florida, a
consortia of local political
subdivisions that includes at a minimum
1 representative of each affected
county;
``(III) in the State of Louisiana,
the Coastal Protection and Restoration
Authority of Louisiana;
``(IV) in the State of Mississippi,
the Office of the Governor or an
appointee of the Office of the Governor;
and
``(V) in the State of Texas, the
Office of the Governor or an appointee
of the Office of the Governor.
``(iv) <<NOTE: Deadline.>> Approval.--Not
later than 60 days after the date on which a plan
is submitted under clause (i), the Council shall
approve or disapprove the plan based on the
conditions of clause (i).
``(C) Disapproval.--If the Council disapproves a
plan pursuant to subparagraph (B)(iv), the Council
shall--
``(i) provide the reasons for disapproval in
writing; and
[[Page 126 STAT. 603]]
``(ii) <<NOTE: Consultation.>> consult with
the State to address any identified deficiencies
with the State plan.
``(D) Failure to submit adequate plan.--If a State
fails to submit an adequate plan under this paragraph,
any funds made available under this paragraph shall
remain in the Trust Fund until such date as a plan is
submitted and approved pursuant to this paragraph.
``(E) <<NOTE: Deadlines.>> Judicial review.--If the
Council fails to approve or take action within 60 days
on a plan, as described in subparagraph (B)(iv), the
State may obtain expedited judicial review within 90
days of that decision in a district court of the United
States, of appropriate jurisdiction and venue, that is
located within the State seeking the review.
``(F) Cost-sharing.--
``(i) In general.--A Gulf Coast State or
coastal political subdivision may use, in whole or
in part, amounts made available to that Gulf Coast
State or coastal political subdivision under this
paragraph to satisfy the non-Federal share of any
project or program that--
``(I) is authorized by other Federal
law; and
``(II) is an eligible activity
described in clause (i) or (ii) of
paragraph (1)(B).
``(ii) Effect on other funds.--The use of
funds made available from the Trust Fund under
this paragraph to satisfy the non-Federal share of
the cost of a project or program described in
clause (i) shall not affect the priority in which
other Federal funds are allocated or awarded.
``(4) Authorization of interest transfers.--Of the total
amount made available for any fiscal year from the Trust Fund
that is equal to the interest earned by the Trust Fund and
proceeds from investments made by the Trust Fund in the
preceding fiscal year--
``(A) 50 percent shall be divided equally between--
``(i) the Gulf Coast Ecosystem Restoration
Science, Observation, Monitoring, and Technology
program authorized in section 1604 of the
Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf
Coast States Act of 2012; and
``(ii) the centers of excellence research
grants authorized in section 1605 of that Act; and
``(B) 50 percent shall be made available to the Gulf
Coast Ecosystem Restoration Council to carry out the
Comprehensive Plan pursuant to paragraph (2).''.
SEC. 1604. <<NOTE: 33 USC 1321 note.>> GULF COAST ECOSYSTEM
RESTORATION SCIENCE, OBSERVATION,
MONITORING, AND TECHNOLOGY PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Commission.--The term ``Commission'' means the Gulf
States Marine Fisheries Commission.
[[Page 126 STAT. 604]]
(3) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(4) Program.--The term ``program'' means the Gulf Coast
Ecosystem Restoration Science, Observation, Monitoring, and
Technology program established under this section.
(b) Establishment of Program.--
(1) <<NOTE: Deadline.>> In general.--Not later than 180 days
after the date of enactment of this Act, the Administrator, in
consultation with the Director, shall establish the Gulf Coast
Ecosystem Restoration Science, Observation, Monitoring, and
Technology program to carry out research, observation, and
monitoring to support, to the maximum extent practicable, the
long-term sustainability of the ecosystem, fish stocks, fish
habitat, and the recreational, commercial, and charter fishing
industry in the Gulf of Mexico.
(2) Expenditure of funds.--For each fiscal year, amounts
made available to carry out this subsection may be expended for,
with respect to the Gulf of Mexico--
(A) marine and estuarine research;
(B) marine and estuarine ecosystem monitoring and
ocean observation;
(C) data collection and stock assessments;
(D) pilot programs for--
(i) fishery independent data; and
(ii) reduction of exploitation of spawning
aggregations; and
(E) cooperative research.
(3) Cooperation with the commission.--For each fiscal year,
amounts made available to carry out this subsection may be
transferred to the Commission to establish a fisheries
monitoring and research program, with respect to the Gulf of
Mexico.
(4) Consultation.--The Administrator and the Director shall
consult with the Regional Gulf of Mexico Fishery Management
Council and the Commission in carrying out the program.
(c) Species Included.--The research, monitoring, assessment, and
programs eligible for amounts made available under the program shall
include all marine, estuarine, aquaculture, and fish species in State
and Federal waters of the Gulf of Mexico.
(d) Research Priorities.--In distributing funding under this
subsection, priority shall be given to integrated, long-term projects
that--
(1) build on, or are coordinated with, related research
activities; and
(2) address current or anticipated marine ecosystem,
fishery, or wildlife management information needs.
(e) Duplication.--In carrying out this section, the Administrator,
in consultation with the Director, shall seek to avoid duplication of
other research and monitoring activities.
(f) <<NOTE: Plan. State listing.>> Coordination With Other
Programs.--The Administrator, in consultation with the Director, shall
develop a plan for the coordination of projects and activities between
the program and other existing Federal and State science and technology
programs in the States of Alabama, Florida, Louisiana, Mississippi, and
Texas, as well as between the centers of excellence.
(g) Limitation on Expenditures.--
[[Page 126 STAT. 605]]
(1) In general.--Not more than 3 percent of funds provided
in subsection (h) shall be used for administrative expenses.
(2) NOAA.--The funds provided in subsection (h) may not be
used--
(A) for any existing or planned research led by the
National Oceanic and Atmospheric Administration, unless
agreed to in writing by the grant recipient;
(B) to implement existing regulations or initiate
new regulations promulgated or proposed by the National
Oceanic and Atmospheric Administration; or
(C) to develop or approve a new limited access
privilege program (as that term is used in section 303A
of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1853a)) for any fishery under
the jurisdiction of the South Atlantic, Mid-Atlantic,
New England, or Gulf of Mexico Fishery Management
Councils.
(h) Funding.--Of the total amount made available for each fiscal
year for the Gulf Coast Restoration Trust Fund established under section
1602, 2.5 percent shall be available to carry out the program.
(i) Sunset.--The program shall cease operations when all funds in
the Gulf Coast Restoration Trust Fund established under section 1602
have been expended.
SEC. 1605. <<NOTE: 33 USC 1321 note.>> CENTERS OF EXCELLENCE
RESEARCH GRANTS.
(a) In General.--Of the total amount made available for each fiscal
year from the Gulf Coast Restoration Trust Fund established under
section 1602, 2.5 percent shall be made available to the Gulf Coast
States (as defined in section 311(a) of the Federal Water Pollution
Control Act (as added by section 1603 of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived Economies of the Gulf
Coast States Act of 2012)), in equal shares, exclusively for grants in
accordance with subsection (c) to establish centers of excellence to
conduct research only on the Gulf Coast Region (as defined in section
311 of the Federal Water Pollution Control Act (33. U.S.C. 1321)).
(b) Approval by State Entity, Task Force, or Agency.--The duties of
a Gulf Coast State under this section shall be carried out by the
applicable Gulf Coast State entities, task forces, or agencies listed in
section 311(t)(1)(F) of the Federal Water Pollution Control Act (as
added by section 1603 of the Resources and Ecosystems Sustainability,
Tourist Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012), and for the State of Florida, a consortium of public and
private research institutions within the State, which shall include the
Florida Department of Environmental Protection and the Florida Fish and
Wildlife Conservation Commission, for that Gulf Coast State.
(c) Grants.--
(1) In general.--A Gulf Coast State shall use the amounts
made available to carry out this section to award competitive
grants to nongovernmental entities and consortia in the Gulf
Coast region (including public and private institutions of
higher education) for the establishment of centers of excellence
as described in subsection (d).
(2) Application.--To be eligible to receive a grant under
this subsection, an entity or consortium described in paragraph
[[Page 126 STAT. 606]]
(1) shall submit to a Gulf Coast State an application at such
time, in such manner, and containing such information as the
Gulf Coast State determines to be appropriate.
(3) Priority.--In awarding grants under this subsection, a
Gulf Coast State shall give priority to entities and consortia
that demonstrate the ability to establish the broadest cross-
section of participants with interest and expertise in any
discipline described in subsection (d) on which the proposal of
the center of excellence will be focused.
(4) Reporting.--
(A) In general.--Each Gulf Coast State shall provide
annually to the Gulf Coast Ecosystem Restoration Council
established under section 311(t)(2)(C) of the Federal
Water Pollution Control Act (as added by section 1603 of
the Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast
States Act of 2012) information regarding all grants,
including the amount, discipline or disciplines, and
recipients of the grants, and in the case of any grant
awarded to a consortium, the membership of the
consortium.
(B) Inclusion.--The Gulf Coast Ecosystem Restoration
Council shall include the information received under
subparagraph (A) in the annual report to Congress of the
Council required under section 311(t)(2)(C)(vii)(VII) of
the Federal Water Pollution Control Act (as added by
section 1603 of the Resources and Ecosystems
Sustainability, Tourist Opportunities, and Revived
Economies of the Gulf Coast States Act of 2012).
(d) Disciplines.--Each center of excellence shall focus on science,
technology, and monitoring in at least 1 of the following disciplines:
(1) Coastal and deltaic sustainability, restoration and
protection, including solutions and technology that allow
citizens to live in a safe and sustainable manner in a coastal
delta in the Gulf Coast Region.
(2) Coastal fisheries and wildlife ecosystem research and
monitoring in the Gulf Coast Region.
(3) Offshore energy development, including research and
technology to improve the sustainable and safe development of
energy resources in the Gulf of Mexico.
(4) Sustainable and resilient growth, economic and
commercial development in the Gulf Coast Region.
(5) Comprehensive observation, monitoring, and mapping of
the Gulf of Mexico.
SEC. 1606. <<NOTE: 33 USC 1321 note.>> EFFECT.
(a) Definition of Deepwater Horizon Oil Spill.--In this section, the
term ``Deepwater Horizon oil spill'' has the meaning given the term in
section 311(a) of the Federal Water Pollution Control Act (33 U.S.C.
1321(a)).
(b) Effect and Application.--Nothing in this subtitle or any
amendment made by this subtitle--
(1) supersedes or otherwise affects any other provision of
Federal law, including, in particular, laws providing recovery
for injury to natural resources under the Oil Pollution Act of
1990 (33 U.S.C. 2701 et seq.) and laws for the protection of
public health and the environment; or
[[Page 126 STAT. 607]]
(2) applies to any fine collected under section 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1321) for any
incident other than the Deepwater Horizon oil spill.
(c) Use of Funds.--Funds made available under this subtitle may be
used only for eligible activities specifically authorized by this
subtitle and the amendments made by this subtitle.
SEC. 1607. <<NOTE: 33 USC 1321 note.>> RESTORATION AND PROTECTION
ACTIVITY LIMITATIONS.
(a) Willing Seller.--Funds made available under this subtitle may
only be used to acquire land or interests in land by purchase, exchange,
or donation from a willing seller.
(b) Acquisition of Federal Land.--None of the funds made available
under this subtitle may be used to acquire land in fee title by the
Federal Government unless--
(1) the land is acquired by exchange or donation; or
(2) the acquisition is necessary for the restoration and
protection of the natural resources, ecosystems, fisheries,
marine and wildlife habitats, beaches, and coastal wetlands of
the Gulf Coast region and has the concurrence of the Governor of
the State in which the acquisition will take place.
SEC. 1608. <<NOTE: Audits. Investigations. 33 USC 1321
note.>> INSPECTOR GENERAL.
The Office of the Inspector General of the Department of the
Treasury shall have authority to conduct, supervise, and coordinate
audits and investigations of projects, programs, and activities funded
under this subtitle and the amendments made by this subtitle.
TITLE II-- <<NOTE: America Fast Forward Financing Innovation Act of
2012.>> AMERICA FAST FORWARD FINANCING INNOVATION
SEC. 2001. <<NOTE: 23 USC 101 note.>> SHORT TITLE.
This title may be cited as the ``America Fast Forward Financing
Innovation Act of 2012''.
SEC. 2002. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
ACT OF 1998 AMENDMENTS.
Sections 601 through 609 of title 23, United States Code, are
amended to read as follows:
``Sec. 601. Generally applicable provisions
``(a) Definitions.--In this chapter, the following definitions
apply:
``(1) Contingent commitment.--The term `contingent
commitment' means a commitment to obligate an amount from future
available budget authority that is--
``(A) contingent on those funds being made available
in law at a future date; and
``(B) not an obligation of the Federal Government.
``(2) Eligible project costs.--The term `eligible project
costs' means amounts substantially all of which are paid by, or
for the account of, an obligor in connection with a project,
including the cost of--
``(A) development phase activities, including
planning, feasibility analysis, revenue forecasting,
environmental
[[Page 126 STAT. 608]]
review, permitting, preliminary engineering and design
work, and other preconstruction activities;
``(B) construction, reconstruction, rehabilitation,
replacement, and acquisition of real property (including
land relating to the project and improvements to land),
environmental mitigation, construction contingencies,
and acquisition of equipment; and
``(C) capitalized interest necessary to meet market
requirements, reasonably required reserve funds, capital
issuance expenses, and other carrying costs during
construction.
``(3) Federal credit instrument.--The term `Federal credit
instrument' means a secured loan, loan guarantee, or line of
credit authorized to be made available under this chapter with
respect to a project.
``(4) Investment-grade rating.--The term `investment-grade
rating' means a rating of BBB minus, Baa3, bbb minus, BBB (low),
or higher assigned by a rating agency to project obligations.
``(5) Lender.--The term `lender' means any non-Federal
qualified institutional buyer (as defined in section 230.144A(a)
of title 17, Code of Federal Regulations (or any successor
regulation), known as Rule 144A(a) of the Securities and
Exchange Commission and issued under the Securities Act of 1933
(15 U.S.C. 77a et seq.)), including--
``(A) a qualified retirement plan (as defined in
section 4974(c) of the Internal Revenue Code of 1986)
that is a qualified institutional buyer; and
``(B) a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986) that is a
qualified institutional buyer.
``(6) Letter of interest.--The term `letter of interest'
means a letter submitted by a potential applicant prior to an
application for credit assistance in a format prescribed by the
Secretary on the website of the TIFIA program that--
``(A) describes the project and the location,
purpose, and cost of the project;
``(B) outlines the proposed financial plan,
including the requested credit assistance and the
proposed obligor;
``(C) provides a status of environmental review; and
``(D) provides information regarding satisfaction of
other eligibility requirements of the TIFIA program.
``(7) Line of credit.--The term `line of credit' means an
agreement entered into by the Secretary with an obligor under
section 604 to provide a direct loan at a future date upon the
occurrence of certain events.
``(8) Limited buydown.--The term `limited buydown' means,
subject to the conditions described in section 603(b)(4)(C), a
buydown of the interest rate by the obligor if the interest rate
has increased between--
``(A)(i) the date on which a project application
acceptable to the Secretary is submitted; or
``(ii) the date on which the Secretary entered into
a master credit agreement; and
``(B) the date on which the Secretary executes the
Federal credit instrument.
[[Page 126 STAT. 609]]
``(9) Loan guarantee.--The term `loan guarantee' means any
guarantee or other pledge by the Secretary to pay all or part of
the principal of and interest on a loan or other debt obligation
issued by an obligor and funded by a lender.
``(10) Master credit agreement.--The term `master credit
agreement' means an agreement to extend credit assistance for a
program of projects secured by a common security pledge (which
shall receive an investment grade rating from a rating agency),
or for a single project covered under section 602(b)(2) that
would--
``(A) make contingent commitments of 1 or more
secured loans or other Federal credit instruments at
future dates, subject to the availability of future
funds being made available to carry out this chapter;
``(B) establish the maximum amounts and general
terms and conditions of the secured loans or other
Federal credit instruments;
``(C) identify the 1 or more dedicated non-Federal
revenue sources that will secure the repayment of the
secured loans or secured Federal credit instruments;
``(D) provide for the obligation of funds for the
secured loans or secured Federal credit instruments
after all requirements have been met for the projects
subject to the master credit agreement, including--
``(i) completion of an environmental impact
statement or similar analysis required under the
National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
``(ii) compliance with such other requirements
as are specified in section 602(c); and
``(iii) the availability of funds to carry out
this chapter; and
``(E) require that contingent commitments result in
a financial close and obligation of credit assistance
not later than 3 years after the date of entry into the
master credit agreement, or release of the commitment,
unless otherwise extended by the Secretary.
``(11) Obligor.--The term `obligor' means a party that--
``(A) is primarily liable for payment of the
principal of or interest on a Federal credit instrument;
and
``(B) may be a corporation, partnership, joint
venture, trust, or governmental entity, agency, or
instrumentality.
``(12) Project.--The term `project' means--
``(A) any surface transportation project eligible
for Federal assistance under this title or chapter 53 of
title 49;
``(B) a project for an international bridge or
tunnel for which an international entity authorized
under Federal or State law is responsible;
``(C) a project for intercity passenger bus or rail
facilities and vehicles, including facilities and
vehicles owned by the National Railroad Passenger
Corporation and components of magnetic levitation
transportation systems; and
``(D) a project that--
``(i) is a project--
``(I) for a public freight rail
facility or a private facility providing
public benefit for highway users
[[Page 126 STAT. 610]]
by way of direct freight interchange
between highway and rail carriers;
``(II) for an intermodal freight
transfer facility;
``(III) for a means of access to a
facility described in subclause (I) or
(II);
``(IV) for a service improvement for
a facility described in subclause (I) or
(II) (including a capital investment for
an intelligent transportation system);
or
``(V) that comprises a series of
projects described in subclauses (I)
through (IV) with the common objective
of improving the flow of goods;
``(ii) may involve the combining of private
and public sector funds, including investment of
public funds in private sector facility
improvements;
``(iii) if located within the boundaries of a
port terminal, includes only such surface
transportation infrastructure modifications as are
necessary to facilitate direct intermodal
interchange, transfer, and access into and out of
the port; and
``(iv) is composed of related highway, surface
transportation, transit, rail, or intermodal
capital improvement projects eligible for
assistance under this section in order to meet the
eligible project cost threshold under section 602,
by grouping related projects together for that
purpose, subject to the condition that the credit
assistance for the projects is secured by a common
pledge.
``(13) Project obligation.--The term `project obligation'
means any note, bond, debenture, or other debt obligation issued
by an obligor in connection with the financing of a project,
other than a Federal credit instrument.
``(14) Rating agency.--The term `rating agency' means a
credit rating agency registered with the Securities and Exchange
Commission as a nationally recognized statistical rating
organization (as that term is defined in section 3(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
``(15) Rural infrastructure project.--The term `rural
infrastructure project' means a surface transportation
infrastructure project located in any area other than a city
with a population of more than 250,000 inhabitants within the
city limits.
``(16) Secured loan.--The term `secured loan' means a direct
loan or other debt obligation issued by an obligor and funded by
the Secretary in connection with the financing of a project
under section 603.
``(17) State.--The term `State' has the meaning given the
term in section 101.
``(18) Subsidy amount.--The term `subsidy amount' means the
amount of budget authority sufficient to cover the estimated
long-term cost to the Federal Government of a Federal credit
instrument--
``(A) calculated on a net present value basis; and
``(B) excluding administrative costs and any
incidental effects on governmental receipts or outlays
in accordance with the Federal Credit Reform Act of 1990
(2 U.S.C. 661 et seq.).
[[Page 126 STAT. 611]]
``(19) Substantial completion.--The term `substantial
completion' means--
``(A) the opening of a project to vehicular or
passenger traffic; or
``(B) a comparable event, as determined by the
Secretary and specified in the credit agreement.
``(20) TIFIA program.--The term `TIFIA program' means the
transportation infrastructure finance and innovation program of
the Department.
``(b) Treatment of Chapter.--For purposes of this title, this
chapter shall be treated as being part of chapter 1.
``Sec. 602. Determination of eligibility and project selection
``(a) Eligibility.--
``(1) In general.--A project shall be eligible to receive
credit assistance under this chapter if--
``(A) the entity proposing to carry out the project
submits a letter of interest prior to submission of a
formal application for the project; and
``(B) the project meets the criteria described in
this subsection.
``(2) Creditworthiness.--
``(A) In general.--To be eligible for assistance
under this chapter, a project shall satisfy applicable
creditworthiness standards, which, at a minimum, shall
include--
``(i) a rate covenant, if applicable;
``(ii) adequate coverage requirements to
ensure repayment;
``(iii) an investment grade rating from at
least 2 rating agencies on debt senior to the
Federal credit instrument; and
``(iv) a rating from at least 2 rating
agencies on the Federal credit instrument, subject
to the condition that, with respect to clause
(iii), if the total amount of the senior debt and
the Federal credit instrument is less than
$75,000,000, 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, 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, in which case 1
rating agency opinion shall be sufficient.
``(3) Inclusion in transportation plans and programs.--A
project shall satisfy the applicable planning and programming
requirements of sections 134 and 135 at such time as an
agreement to make available a Federal credit instrument is
entered into under this chapter.
``(4) Application.--A State, local government, public
authority, public-private partnership, or any other legal entity
undertaking the project and authorized by the Secretary shall
submit a project application that is acceptable to the
Secretary.
``(5) Eligible project costs.--
``(A) In general.--Except as provided in
subparagraph (B), to be eligible for assistance under
this chapter, a
[[Page 126 STAT. 612]]
project shall have eligible project costs that are
reasonably anticipated to equal or exceed the lesser
of--
``(i)(I) $50,000,000; or
``(II) in the case of a rural infrastructure
project, $25,000,000; and
``(ii) 33\1/3\ percent of the amount of
Federal highway assistance funds apportioned for
the most recently completed fiscal year to the
State in which the project is located.
``(B) Intelligent transportation system projects.--
In the case of a project principally involving the
installation of an intelligent transportation system,
eligible project costs shall be reasonably anticipated
to equal or exceed $15,000,000.
``(6) Dedicated revenue sources.--The applicable Federal
credit instrument shall be repayable, in whole or in part,
from--
``(A) tolls;
``(B) user fees;
``(C) payments owing to the obligor under a public-
private partnership; or
``(D) other dedicated revenue sources that also
secure or fund the project obligations.
``(7) Public sponsorship of private entities.--In the case
of a project that is undertaken by an entity that is not a State
or local government or an agency or instrumentality of a State
or local government, the project that the entity is undertaking
shall be publicly sponsored as provided in paragraph (3).
``(8) Applications where obligor will be identified later.--
A State, local government, agency or instrumentality of a State
or local government, or public authority may submit to the
Secretary an application under paragraph (4), under which a
private party to a public-private partnership will be--
``(A) the obligor; and
``(B) identified later through completion of a
procurement and selection of the private party.
``(9) Beneficial effects.-- <<NOTE: Determination.>> The
Secretary shall determine that financial assistance for the
project under this chapter will--
``(A) foster, if appropriate, partnerships that
attract public and private investment for the project;
``(B) enable the project to proceed at an earlier
date than the project would otherwise be able to proceed
or reduce the lifecycle costs (including debt service
costs) of the project; and
``(C) reduce the contribution of Federal grant
assistance for the project.
``(10) Project readiness.-- <<NOTE: Deadline.>> To be
eligible for assistance under this chapter, the applicant shall
demonstrate a reasonable expectation that the contracting
process for construction of 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 this chapter.
``(b) Selection Among Eligible Projects.--
``(1) Establishment.--The Secretary shall establish a
rolling application process under which projects that are
eligible to receive credit assistance under subsection (a) shall
receive
[[Page 126 STAT. 613]]
credit assistance on terms acceptable to the Secretary, if
adequate funds are available to cover the subsidy costs
associated with the Federal credit instrument.
``(2) Adequate funding not available.--If the Secretary
fully obligates funding to eligible projects in a fiscal year,
and adequate funding is not available to fund a credit
instrument, a project sponsor of an eligible project may elect
to enter into a master credit agreement and wait until the
earlier of--
``(A) the following fiscal year; and
``(B) the fiscal year during which additional funds
are available to receive credit assistance.
``(3) Preliminary rating opinion letter.--The Secretary
shall require each project applicant to provide a preliminary
rating opinion letter from at least 1 rating agency--
``(A) indicating that the senior obligations of the
project, which may be the Federal credit instrument,
have the potential to achieve an investment-grade
rating; and
``(B) including a preliminary rating opinion on the
Federal credit instrument.
``(c) Federal Requirements.--
``(1) In general.-- <<NOTE: Applicability.>> 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 following provisions of law shall apply to funds
made available under this chapter and projects assisted with
those funds:
``(A) Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.).
``(B) The National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
``(C) The Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).
``(2) NEPA.--No funding shall be obligated for a project
that has not received an environmental categorical exclusion, 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.).
``(d) <<NOTE: Deadlines.>> Application Processing Procedures.--
``(1) 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) Approval or denial of application.--
<<NOTE: Notification.>> Not later than 60 days after the date of
issuance of the written notice under paragraph (1), 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 this chapter may be used to finance up to 100 percent of the cost
of development phase activities as described in section 601(a)(1)(A).
[[Page 126 STAT. 614]]
``Sec. 603. Secured loans
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2) and (3), the
Secretary may enter into agreements with 1 or more obligors to
make secured loans, the proceeds of which shall be used--
``(A) to finance eligible project costs of any
project selected under section 602;
``(B) to refinance interim construction financing of
eligible project costs of any project selected under
section 602;
``(C) to refinance existing Federal credit
instruments for rural infrastructure projects; or
``(D) to refinance long-term project obligations or
Federal credit instruments, if the refinancing provides
additional funding capacity for the completion,
enhancement, or expansion of any project that--
``(i) is selected under section 602; or
``(ii) otherwise meets the requirements of
section 602.
``(2) Limitation on refinancing of interim construction
financing.-- <<NOTE: Time period.>> A loan under paragraph (1)
shall not refinance interim construction financing under
paragraph (1)(B) later than 1 year after the date of substantial
completion of the project.
``(3) Risk assessment.-- <<NOTE: Determination.>> Before
entering into an agreement under this subsection, the Secretary,
in consultation with the Director of the Office of Management
and Budget, shall determine an appropriate capital reserve
subsidy amount for each secured loan, taking into account each
rating letter provided by an agency under section 602(b)(3)(B).
``(b) Terms and Limitations.--
``(1) In general.--A secured loan under this section with
respect to a project shall be on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines to be appropriate.
``(2) Maximum amount.--The amount of a secured loan under
this section shall not exceed the lesser of 49 percent of the
reasonably anticipated eligible project costs or if the secured
loan does not receive an investment grade rating, the amount of
the senior project obligations.
``(3) Payment.--A secured loan under this section--
``(A) shall--
``(i) be payable, in whole or in part, from--
``(I) tolls;
``(II) user fees;
``(III) payments owing to the
obligor under a public-private
partnership; or
``(IV) other dedicated revenue
sources that also secure the senior
project obligations; and
``(ii) include a rate covenant, coverage
requirement, or similar security feature
supporting the project obligations; and
``(B) may have a lien on revenues described in
subparagraph (A), subject to any lien securing project
obligations.
``(4) Interest rate.--
[[Page 126 STAT. 615]]
``(A) In general.--Except as provided in
subparagraphs (B) and (C), the interest rate on a
secured loan under this section shall be not less than
the yield on United States Treasury securities of a
similar maturity to the maturity of the secured loan on
the date of execution of the loan agreement.
``(B) Rural infrastructure projects.--
``(i) In general.--The interest rate of a loan
offered to a rural infrastructure project under
this chapter shall be at \1/2\ of the Treasury
Rate in effect on the date of execution of the
loan agreement.
``(ii) Application.--The rate described in
clause (i) shall only apply to any portion of a
loan the subsidy cost of which is funded by
amounts set aside for rural infrastructure
projects under section 608(a)(3)(A).
``(C) Limited buydowns.--The interest rate of a
secured loan under this section may not be lowered by
more than the lower of--
``(i) 1\1/2\ percentage points (150 basis
points); or
``(ii) the amount of the increase in the
interest rate.
``(5) Maturity date.--The final maturity date of the secured
loan shall be the lesser of--
``(A) 35 years after the date of substantial
completion of the project; and
``(B) if the useful life of the capital asset being
financed is of a lesser period, the useful life of the
asset.
``(6) Nonsubordination.--
``(A) In general.--Except as provided in
subparagraph (B), the secured loan shall not be
subordinated to the claims of any holder of project
obligations in the event of bankruptcy, insolvency, or
liquidation of the obligor.
``(B) Preexisting indenture.--
``(i) In general.-- <<NOTE: Waiver
authority.>> The Secretary shall waive the
requirement under subparagraph (A) for a public
agency borrower that is financing ongoing capital
programs and has outstanding senior bonds under a
preexisting indenture, if--
``(I) the secured loan is rated in
the A category or higher;
``(II) the secured loan is secured
and payable from pledged revenues not
affected by project performance, such as
a tax-backed revenue pledge or a system-
backed pledge of project revenues; and
``(III) the TIFIA program share of
eligible project costs is 33 percent or
less.
``(ii) Limitation.--If the Secretary waives
the nonsubordination requirement under this
subparagraph--
``(I) the maximum credit subsidy to
be paid by the Federal Government shall
be not more than 10 percent of the
principal amount of the secured loan;
and
``(II) the obligor shall be
responsible for paying the remainder of
the subsidy cost, if any.
``(7) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the Federal
Government of making a secured loan under this section.
[[Page 126 STAT. 616]]
``(8) Non-federal share.--The proceeds of a secured loan
under this chapter may be used for any non-Federal share of
project costs required under this title or chapter 53 of title
49, if the loan is repayable from non-Federal funds.
``(9) Maximum federal involvement.--The total Federal
assistance provided on a project receiving a loan under this
chapter shall not exceed 80 percent of the total project cost.
``(c) Repayment.--
``(1) Schedule.--The Secretary shall establish a repayment
schedule for each secured loan under this section based on--
``(A) the projected cash flow from project revenues
and other repayment sources; and
``(B) the useful life of the project.
``(2) Commencement.--Scheduled loan repayments of principal
or interest on a secured loan under this section shall commence
not later than 5 years after the date of substantial completion
of the project.
``(3) Deferred payments.--
``(A) In general.--If, at any time after the date of
substantial completion of the project, the project is
unable to generate sufficient revenues to pay the
scheduled loan repayments of principal and interest on
the secured loan, the Secretary may, subject to
subparagraph (C), allow the obligor to add unpaid
principal and interest to the outstanding balance of the
secured loan.
``(B) Interest.--Any payment deferred under
subparagraph (A) shall--
``(i) continue to accrue interest in
accordance with subsection (b)(4) until fully
repaid; and
``(ii) be scheduled to be amortized over the
remaining term of the loan.
``(C) Criteria.--
``(i) In general.--Any payment deferral under
subparagraph (A) shall be contingent on the
project meeting criteria established by the
Secretary.
``(ii) Repayment standards.--The criteria
established pursuant to clause (i) shall include
standards for reasonable assurance of repayment.
``(4) Prepayment.--
``(A) Use of excess revenues.--Any excess revenues
that remain after satisfying scheduled debt service
requirements on the project obligations and secured loan
and all deposit requirements under the terms of any
trust agreement, bond resolution, or similar agreement
securing project obligations may be applied annually to
prepay the secured loan without penalty.
``(B) Use of proceeds of refinancing.--The secured
loan may be prepaid at any time without penalty from the
proceeds of refinancing from non-Federal funding
sources.
``(d) Sale of Secured Loans.--
``(1) In general.--Subject to paragraph (2), as soon as
practicable after substantial completion of a project and after
notifying the obligor, the Secretary may sell to another entity
or reoffer into the capital markets a secured loan for the
project if the Secretary determines that the sale or reoffering
can be made on favorable terms.
[[Page 126 STAT. 617]]
``(2) Consent of obligor.--In making a sale or reoffering
under paragraph (1), the Secretary may not change the original
terms and conditions of the secured loan without the written
consent of the obligor.
``(e) Loan Guarantees.--
``(1) In general.--The Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan under
this section if the Secretary determines that the budgetary cost
of the loan guarantee is substantially the same as that of a
secured loan.
``(2) Terms.--The terms of a loan guarantee under paragraph
(1) shall be consistent with the terms required under this
section for a secured loan, except that the rate on the
guaranteed loan and any prepayment features shall be negotiated
between the obligor and the lender, with the consent of the
Secretary.
``Sec. 604. Lines of credit
``(a) In General.--
``(1) Agreements.--Subject to paragraphs (2) through (4),
the Secretary may enter into agreements to make available to 1
or more obligors lines of credit in the form of direct loans to
be made by the Secretary at future dates on the occurrence of
certain events for any project selected under section 602.
``(2) Use of proceeds.--The proceeds of a line of credit
made available under this section shall be available to pay debt
service on project obligations issued to finance eligible
project costs, extraordinary repair and replacement costs,
operation and maintenance expenses, and costs associated with
unexpected Federal or State environmental restrictions.
``(3) Risk assessment.-- <<NOTE: Determination.>> Before
entering into an agreement under this subsection, the Secretary,
in consultation with the Director of the Office of Management
and Budget and each rating agency providing a preliminary rating
opinion letter under section 602(b)(3), shall determine an
appropriate capital reserve subsidy amount for each line of
credit, taking into account the rating opinion letter.
``(4) Investment-grade rating requirement.--The funding of a
line of credit under this section shall be contingent on the
senior obligations of the project receiving an investment-grade
rating from 2 rating agencies.
``(b) Terms and Limitations.--
``(1) In general.--A line of credit under this section with
respect to a project shall be on such terms and conditions and
contain such covenants, representations, warranties, and
requirements (including requirements for audits) as the
Secretary determines to be appropriate.
``(2) Maximum amounts.--The total amount of a line of credit
under this section shall not exceed 33 percent of the reasonably
anticipated eligible project costs.
``(3) Draws.--Any draw on a line of credit under this
section shall--
``(A) represent a direct loan; and
``(B) be made only if net revenues from the project
(including capitalized interest, but not including
reasonably
[[Page 126 STAT. 618]]
required financing reserves) are insufficient to pay the
costs specified in subsection (a)(2).
``(4) Interest rate.--Except as provided in subparagraphs
(B) and (C) of section 603(b)(4), the interest rate on a direct
loan resulting from a draw on the line of credit shall be not
less than the yield on 30-year United States Treasury
securities, as of the date of execution of the line of credit
agreement.
``(5) Security.--A line of credit issued under this
section--
``(A) shall--
``(i) be payable, in whole or in part, from--
``(I) tolls;
``(II) user fees;
``(III) payments owing to the
obligor under a public-private
partnership; or
``(IV) other dedicated revenue
sources that also secure the senior
project obligations; and
``(ii) include a rate covenant, coverage
requirement, or similar security feature
supporting the project obligations; and
``(B) may have a lien on revenues described in
subparagraph (A), subject to any lien securing project
obligations.
``(6) Period of availability.--The full amount of a line of
credit under this section, to the extent not drawn upon, shall
be available during the 10-year period beginning on the date of
substantial completion of the project.
``(7) Rights of third-party creditors.--
``(A) Against federal government.--A third-party
creditor of the obligor shall not have any right against
the Federal Government with respect to any draw on a
line of credit under this section.
``(B) Assignment.--An obligor may assign a line of
credit under this section to--
``(i) 1 or more lenders; or
``(ii) a trustee on the behalf of such a
lender.
``(8) Nonsubordination.--
``(A) In general.--Except as provided in
subparagraph (B), a direct loan under this section shall
not be subordinated to the claims of any holder of
project obligations in the event of bankruptcy,
insolvency, or liquidation of the obligor.
``(B) Pre-existing indenture.--
``(i) In general.-- <<NOTE: Waiver
authority.>> The Secretary shall waive the
requirement of subparagraph (A) for a public
agency borrower that is financing ongoing capital
programs and has outstanding senior bonds under a
preexisting indenture, if--
``(I) the line of credit is rated in
the A category or higher;
``(II) the TIFIA program loan
resulting from a draw on the line of
credit is payable from pledged revenues
not affected by project performance,
such as a tax-backed revenue pledge or a
system-backed pledge of project
revenues; and
``(III) the TIFIA program share of
eligible project costs is 33 percent or
less.
``(ii) Limitation.--If the Secretary waives
the nonsubordination requirement under this
subparagraph--
[[Page 126 STAT. 619]]
``(I) the maximum credit subsidy to
be paid by the Federal Government shall
be not more than 10 percent of the
principal amount of the secured loan;
and
``(II) the obligor shall be
responsible for paying the remainder of
the subsidy cost.
``(9) Fees.--The Secretary may establish fees at a level
sufficient to cover all or a portion of the costs to the Federal
Government of providing a line of credit under this section.
``(10) Relationship to other credit instruments.--A project
that receives a line of credit under this section also shall not
receive a secured loan or loan guarantee under section 603 in an
amount that, combined with the amount of the line of credit,
exceeds 49 percent of eligible project costs.
``(c) Repayment.--
``(1) Terms and conditions.--The Secretary shall establish
repayment terms and conditions for each direct loan under this
section based on--
``(A) the projected cash flow from project revenues
and other repayment sources; and
``(B) the useful life of the asset being financed.
``(2) Timing.--All repayments of principal or interest on a
direct loan under this section shall be scheduled--
``(A) to commence not later than 5 years after the
end of the period of availability specified in
subsection (b)(6); and
``(B) to conclude, with full repayment of principal
and interest, by the date that is 25 years after the end
of the period of availability specified in subsection
(b)(6).
``Sec. 605. Program administration
``(a) Requirement.--The Secretary shall establish a uniform system
to service the Federal credit instruments made available under this
chapter.
``(b) Fees.--The Secretary may collect and spend fees, contingent on
authority being provided in appropriations Acts, at a level that is
sufficient to cover--
``(1) the costs of services of expert firms retained
pursuant to subsection (d); and
``(2) all or a portion of the costs to the Federal
Government of servicing the Federal credit instruments.
``(c) Servicer.--
``(1) In general.--The Secretary may appoint a financial
entity to assist the Secretary in servicing the Federal credit
instruments.
``(2) Duties.--A servicer appointed under paragraph (1)
shall act as the agent for the Secretary.
``(3) Fee.--A servicer appointed under paragraph (1) shall
receive a servicing fee, subject to approval by the Secretary.
``(d) Assistance From Expert Firms.--The Secretary may retain the
services of expert firms, including counsel, in the field of municipal
and project finance to assist in the underwriting and servicing of
Federal credit instruments.
``(e) Expedited Processing.-- <<NOTE: Procedures.>> The Secretary
shall implement procedures and measures to economize the time and cost
involved in obtaining approval and the issuance of credit assistance
under this chapter.
[[Page 126 STAT. 620]]
``Sec. 606. State and local permits
``The provision of credit assistance under this chapter with respect
to a project shall not--
``(1) relieve any recipient of the assistance of any
obligation to obtain any required State or local permit or
approval with respect to the project;
``(2) limit the right of any unit of State or local
government to approve or regulate any rate of return on private
equity invested in the project; or
``(3) otherwise supersede any State or local law (including
any regulation) applicable to the construction or operation of
the project.
``Sec. 607. Regulations
``The Secretary may promulgate such regulations as the Secretary
determines to be appropriate to carry out this chapter.
``Sec. 608. Funding
``(a) Funding.--
``(1) Spending and borrowing authority.--Spending and
borrowing authority for a fiscal year to enter into Federal
credit instruments shall be promptly apportioned to the
Secretary on a fiscal-year basis.
``(2) Reestimates.--If the subsidy cost of a Federal credit
instrument is reestimated, the cost increase or decrease of the
reestimate shall be borne by, or benefit, the general fund of
the Treasury, consistent with section 504(f) the Congressional
Budget Act of 1974 (2 U.S.C. 661c(f)).
``(3) Rural set-aside.--
``(A) In general.--Of the total amount of funds made
available to carry out this chapter for each fiscal
year, not more than 10 percent shall be set aside for
rural infrastructure projects.
``(B) Reobligation.--Any amounts set aside under
subparagraph (A) that remain unobligated by June 1 of
the fiscal year for which the amounts were set aside
shall be available for obligation by the Secretary on
projects other than rural infrastructure projects.
``(4) Redistribution of authorized funding.--
``(A) In general.-- <<NOTE: Effective
date.>> Beginning in fiscal year 2014, on April 1 of
each fiscal year, if the cumulative unobligated and
uncommitted balance of funding available exceeds 75
percent of the amount made available to carry out this
chapter for that fiscal year, the Secretary shall
distribute to the States the amount of funds and
associated obligation authority in excess of that
amount.
``(B) Distribution.--The amounts and obligation
authority distributed under this paragraph shall be
distributed, in the same manner as obligation authority
is distributed to the States for the fiscal year, based
on the proportion that--
``(i) the relative share of each State of
obligation authority for the fiscal year; bears to
``(ii) the total amount of obligation
authority distributed to all States for the fiscal
year.
[[Page 126 STAT. 621]]
``(C) Purpose.--Funds distributed under subparagraph
(B) shall be available for any purpose described in
section 133(b).
``(5) Availability.--Amounts made available to carry out
this chapter shall remain available until expended.
``(6) Administrative costs.--Of the amounts made available
to carry out this chapter, the Secretary may use not more than
0.50 percent for each fiscal year for the administration of this
chapter.
``(b) Contract Authority.--
``(1) In general.--Notwithstanding any other provision of
law, execution of a term sheet by the Secretary of a Federal
credit instrument that uses amounts made available under this
chapter shall impose on the United States a contractual
obligation to fund the Federal credit investment.
``(2) Availability.--Amounts made available to carry out
this chapter for a fiscal year shall be available for obligation
on October 1 of the fiscal year.
``Sec. 609. Reports to Congress
``(a) In General.-- <<NOTE: Effective date.>> On June 1, 2012, and
every 2 years thereafter, the Secretary shall submit to Congress a
report summarizing the financial performance of the projects that are
receiving, or have received, assistance under this chapter (other than
section 610), including a recommendation as to whether the objectives of
this chapter (other than section 610) are best served by--
``(1) continuing the program under the authority of the
Secretary;
``(2) establishing a Federal corporation or federally
sponsored enterprise to administer the program; or
``(3) phasing out the program and relying on the capital
markets to fund the types of infrastructure investments assisted
by this chapter (other than section 610) without Federal
participation.
``(b) Application Process Report.--
``(1) In general.-- <<NOTE: List.>> Not later than December
1, 2012, and annually 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 includes a list of all of the
letters of interest and applications received from project
sponsors for assistance under this chapter (other than section
610) during the preceding fiscal year.
``(2) Inclusions.--
``(A) In general.--Each report under paragraph (1)
shall include, at a minimum, a description of, with
respect to each letter of interest and application
included in the report--
``(i) the date on which the letter of interest
or application was received;
``(ii) the date on which a notification was
provided to the project sponsor regarding whether
the application was complete or incomplete;
``(iii) the date on which a revised and
completed application was submitted (if
applicable);
[[Page 126 STAT. 622]]
``(iv) the date on which a notification was
provided to the project sponsor regarding whether
the project was approved or disapproved; and
``(v) if the project was not approved, the
reason for the disapproval.
``(B) Correspondence.--Each report under paragraph
(1) shall include copies of any correspondence provided
to the project sponsor in accordance with section
602(d).''.
DIVISION B-- <<NOTE: Federal Public Transportation Act of 2012.>> PUBLIC
TRANSPORTATION
SEC. 20001. <<NOTE: 49 USC 5101 note.>> SHORT TITLE.
This division may be cited as the ``Federal Public Transportation
Act of 2012''.
SEC. 20002. REPEALS.
(a) Chapter 53.--Chapter 53 of title 49, United States Code, is
amended by striking sections 5308, 5316, 5317, 5320, and 5328.
(b) Transportation Equity Act for the 21st Century.--Section 3038 of
the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note)
is repealed.
(c) SAFETEA-LU.--The following provisions are repealed:
(1) Section 3009(i) of SAFETEA-LU (Public Law 109-59; 119
Stat. 1572).
(2) Section 3011(c) of SAFETEA-LU (49 U.S.C. 5309 note).
(3) Section 3012(b) of SAFETEA-LU (49 U.S.C. 5310 note).
(4) Section 3045 of SAFETEA-LU (49 U.S.C. 5308 note).
(5) Section 3046 of SAFETEA-LU (49 U.S.C. 5338 note).
SEC. 20003. POLICIES AND PURPOSES.
Section 5301 of title 49, United States Code, is amended to read as
follows:
``Sec. 5301. Policies and purposes
``(a) Declaration of Policy.--It is in the interest of the United
States, including the economic interest of the United States, to foster
the development and revitalization of public transportation systems with
the cooperation of both public transportation companies and private
companies engaged in public transportation.
``(b) General Purposes.--The purposes of this chapter are to--
``(1) provide funding to support public transportation;
``(2) improve the development and delivery of capital
projects;
``(3) establish standards for the state of good repair of
public transportation infrastructure and vehicles;
``(4) promote continuing, cooperative, and comprehensive
planning that improves the performance of the transportation
network;
``(5) establish a technical assistance program to assist
recipients under this chapter to more effectively and
efficiently provide public transportation service;
``(6) continue Federal support for public transportation
providers to deliver high quality service to all users,
including individuals with disabilities, seniors, and
individuals who depend on public transportation;
[[Page 126 STAT. 623]]
``(7) support research, development, demonstration, and
deployment projects dedicated to assisting in the delivery of
efficient and effective public transportation service; and
``(8) promote the development of the public transportation
workforce.''.
SEC. 20004. DEFINITIONS.
Section 5302 of title 49, United States Code, is amended to read as
follows:
``Sec. 5302. Definitions
``Except as otherwise specifically provided, in this chapter the
following definitions apply:
``(1) Associated transit improvement.--The term `associated
transit improvement' means, with respect to any project or an
area to be served by a project, projects that are designed to
enhance public transportation service or use and that are
physically or functionally related to transit facilities.
Eligible projects are--
``(A) historic preservation, rehabilitation, and
operation of historic public transportation buildings,
structures, and facilities (including historic bus and
railroad facilities) intended for use in public
transportation service;
``(B) bus shelters;
``(C) landscaping and streetscaping, including
benches, trash receptacles, and street lights;
``(D) pedestrian access and walkways;
``(E) bicycle access, including bicycle storage
facilities and installing equipment for transporting
bicycles on public transportation vehicles;
``(F) signage; or
``(G) enhanced access for persons with disabilities
to public transportation.
``(2) Bus rapid transit system.--The term `bus rapid transit
system' means a bus transit system--
``(A) in which the majority of each line operates in
a separated right-of-way dedicated for public
transportation use during peak periods; and
``(B) that includes features that emulate the
services provided by rail fixed guideway public
transportation systems, including--
``(i) defined stations;
``(ii) traffic signal priority for public
transportation vehicles;
``(iii) short headway bidirectional services
for a substantial part of weekdays and weekend
days; and
``(iv) any other features the Secretary may
determine are necessary to produce high-quality
public transportation services that emulate the
services provided by rail fixed guideway public
transportation systems.
``(3) Capital project.--The term `capital project' means a
project for--
``(A) acquiring, constructing, supervising, or
inspecting equipment or a facility for use in public
transportation, expenses incidental to the acquisition
or construction
[[Page 126 STAT. 624]]
(including designing, engineering, location surveying,
mapping, and acquiring rights-of-way), payments for the
capital portions of rail trackage rights agreements,
transit-related intelligent transportation systems,
relocation assistance, acquiring replacement housing
sites, and acquiring, constructing, relocating, and
rehabilitating replacement housing;
``(B) rehabilitating a bus;
``(C) remanufacturing a bus;
``(D) overhauling rail rolling stock;
``(E) preventive maintenance;
``(F) leasing equipment or a facility for use in
public transportation, subject to regulations that the
Secretary prescribes limiting the leasing arrangements
to those that are more cost-effective than purchase or
construction;
``(G) a joint development improvement that--
``(i) enhances economic development or
incorporates private investment, such as
commercial and residential development;
``(ii)(I) enhances the effectiveness of public
transportation and is related physically or
functionally to public transportation; or
``(II) establishes new or enhanced
coordination between public transportation and
other transportation;
``(iii) provides a fair share of revenue that
will be used for public transportation;
``(iv) provides that a person making an
agreement to occupy space in a facility
constructed under this paragraph shall pay a fair
share of the costs of the facility through rental
payments and other means;
``(v) may include--
``(I) property acquisition;
``(II) demolition of existing
structures;
``(III) site preparation;
``(IV) utilities;
``(V) building foundations;
``(VI) walkways;
``(VII) pedestrian and bicycle
access to a public transportation
facility;
``(VIII) construction, renovation,
and improvement of intercity bus and
intercity rail stations and terminals;
``(IX) renovation and improvement of
historic transportation facilities;
``(X) open space;
``(XI) safety and security equipment
and facilities (including lighting,
surveillance, and related intelligent
transportation system applications);
``(XII) facilities that incorporate
community services such as daycare or
health care;
``(XIII) a capital project for, and
improving, equipment or a facility for
an intermodal transfer facility or
transportation mall; and
``(XIV) construction of space for
commercial uses; and
[[Page 126 STAT. 625]]
``(vi) does not include outfitting of
commercial space (other than an intercity bus or
rail station or terminal) or a part of a public
facility not related to public transportation;
``(H) the introduction of new technology, through
innovative and improved products, into public
transportation;
``(I) the provision of nonfixed route paratransit
transportation services in accordance with section 223
of the Americans with Disabilities Act of 1990 (42
U.S.C. 12143), but only for grant recipients that are in
compliance with applicable requirements of that Act,
including both fixed route and demand responsive
service, and only for amounts not to exceed 10 percent
of such recipient's annual formula apportionment under
sections 5307 and 5311;
``(J) establishing a debt service reserve, made up
of deposits with a bondholder's trustee, to ensure the
timely payment of principal and interest on bonds issued
by a grant recipient to finance an eligible project
under this chapter;
``(K) mobility management--
``(i) consisting of short-range planning and
management activities and projects for improving
coordination among public transportation and other
transportation service providers carried out by a
recipient or subrecipient through an agreement
entered into with a person, including a
governmental entity, under this chapter (other
than section 5309); but
``(ii) excluding operating public
transportation services; or
``(L) associated capital maintenance, including--
``(i) equipment, tires, tubes, and material,
each costing at least .5 percent of the current
fair market value of rolling stock comparable to
the rolling stock for which the equipment, tires,
tubes, and material are to be used; and
``(ii) reconstruction of equipment and
material, each of which after reconstruction will
have a fair market value of at least .5 percent of
the current fair market value of rolling stock
comparable to the rolling stock for which the
equipment and material will be used.
``(4) Designated recipient.--The term `designated recipient'
means--
``(A) an entity designated, in accordance with the
planning process under sections 5303 and 5304, by the
Governor of a State, responsible local officials, and
publicly owned operators of public transportation, to
receive and apportion amounts under section 5336 to
urbanized areas of 200,000 or more in population; or
``(B) a State or regional authority, if the
authority is responsible under the laws of a State for a
capital project and for financing and directly providing
public transportation.
``(5) Disability.--The term `disability' has the same
meaning as in section 3(1) of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102).
[[Page 126 STAT. 626]]
``(6) Emergency regulation.--The term `emergency regulation'
means a regulation--
``(A) that is effective temporarily before the
expiration of the otherwise specified periods of time
for public notice and comment under section 5334(c); and
``(B) prescribed by the Secretary as the result of a
finding that a delay in the effective date of the
regulation--
``(i) would injure seriously an important
public interest;
``(ii) would frustrate substantially
legislative policy and intent; or
``(iii) would damage seriously a person or
class without serving an important public
interest.
``(7) Fixed guideway.--The term `fixed guideway' means a
public transportation facility--
``(A) using and occupying a separate right-of-way
for the exclusive use of public transportation;
``(B) using rail;
``(C) using a fixed catenary system;
``(D) for a passenger ferry system; or
``(E) for a bus rapid transit system.
``(8) Governor.--The term `Governor'--
``(A) means the Governor of a State, the mayor of
the District of Columbia, and the chief executive
officer of a territory of the United States; and
``(B) includes the designee of the Governor.
``(9) Job access and reverse commute project.--
``(A) In general.--The term `job access and reverse
commute project' means a transportation project to
finance planning, capital, and operating costs that
support the development and maintenance of
transportation services designed to transport welfare
recipients and eligible low-income individuals to and
from jobs and activities related to their employment,
including transportation projects that facilitate the
provision of public transportation services from
urbanized areas and rural areas to suburban employment
locations.
``(B) Definitions.--In this paragraph:
``(i) Eligible low-income individual.--The
term `eligible low-income individual' means an
individual whose family income is at or below 150
percent of the poverty line (as that term is
defined in section 673(2) of the Community Service
Block Grant Act (42 U.S.C. 9902(2)), including any
revision required by that section) for a family of
the size involved.
``(ii) Welfare recipient.--The term `welfare
recipient' means an individual who has received
assistance under a State or tribal program funded
under part A of title IV of the Social Security
Act (42 U.S.C. 601 et seq.) at any time during the
3-year period before the date on which the
applicant applies for a grant under section 5307
or 5311.
``(10) Local governmental authority.--The term `local
governmental authority' includes--
``(A) a political subdivision of a State;
``(B) an authority of at least 1 State or political
subdivision of a State;
[[Page 126 STAT. 627]]
``(C) an Indian tribe; and
``(D) a public corporation, board, or commission
established under the laws of a State.
``(11) Low-income individual.--The term `low-income
individual' means an individual whose family income is at or
below 150 percent of the poverty line, as that term is defined
in section 673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)), including any revision required by that
section, for a family of the size involved.
``(12) Net project cost.--The term `net project cost' means
the part of a project that reasonably cannot be financed from
revenues.
``(13) New bus model.--The term `new bus model' means a bus
model (including a model using alternative fuel)--
``(A) that has not been used in public
transportation in the United States before the date of
production of the model; or
``(B) used in public transportation in the United
States, but being produced with a major change in
configuration or components.
``(14) Public transportation.--The term `public
transportation'--
``(A) means regular, continuing shared-ride surface
transportation services that are open to the general
public or open to a segment of the general public
defined by age, disability, or low income; and
``(B) does not include--
``(i) intercity passenger rail transportation
provided by the entity described in chapter 243
(or a successor to such entity);
``(ii) intercity bus service;
``(iii) charter bus service;
``(iv) school bus service;
``(v) sightseeing service;
``(vi) courtesy shuttle service for patrons of
one or more specific establishments; or
``(vii) intra-terminal or intra-facility
shuttle services.
``(15) Regulation.--The term `regulation' means any part of
a statement of general or particular applicability of the
Secretary designed to carry out, interpret, or prescribe law or
policy in carrying out this chapter.
``(16) Rural area.--The term `rural area' means an area
encompassing a population of less than 50,000 people that has
not been designated in the most recent decennial census as an
`urbanized area' by the Secretary of Commerce.
``(17) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(18) Senior.--The term `senior' means an individual who is
65 years of age or older.
``(19) State.--The term `State' means a State of the United
States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, Guam, American Samoa, and the Virgin Islands.
``(20) State of good repair.--The term `state of good
repair' has the meaning given that term by the Secretary, by
rule, under section 5326(b).
[[Page 126 STAT. 628]]
``(21) Transit.--The term `transit' means public
transportation.
``(22) Urban area.--The term `urban area' means an area that
includes a municipality or other built-up place that the
Secretary, after considering local patterns and trends of urban
growth, decides is appropriate for a local public transportation
system to serve individuals in the locality.
``(23) Urbanized area.--The term `urbanized area' means an
area encompassing a population of not less than 50,000 people
that has been defined and designated in the most recent
decennial census as an `urbanized area' by the Secretary of
Commerce.''.
SEC. 20005. METROPOLITAN TRANSPORTATION PLANNING.
(a) Amendment.--Section 5303 of title 49, United States Code, is
amended to read as follows:
``Sec. 5303. Metropolitan transportation planning
``(a) Policy.--It is in the national interest--
``(1) to encourage and promote the safe and efficient
management, operation, and development of surface transportation
systems that will serve the mobility needs of people and freight
and foster economic growth and development within and between
States and urbanized areas, while minimizing transportation-
related fuel consumption and air pollution through metropolitan
and statewide transportation planning processes identified in
this chapter; and
``(2) to encourage the continued improvement and evolution
of the metropolitan and statewide transportation planning
processes by metropolitan planning organizations, State
departments of transportation, and public transit operators as
guided by the planning factors identified in subsection (h) and
section 5304(d).
``(b) Definitions.--In this section and section 5304, the following
definitions apply:
``(1) Metropolitan planning area.--The term `metropolitan
planning area' means the geographic area determined by agreement
between the metropolitan planning organization for the area and
the Governor under subsection (e).
``(2) Metropolitan planning organization.--The term
`metropolitan planning organization' means the policy board of
an organization established as a result of the designation
process under subsection (d).
``(3) Nonmetropolitan area.--The term `nonmetropolitan area'
means a geographic area outside designated metropolitan planning
areas.
``(4) Nonmetropolitan local official.--The term
`nonmetropolitan local official' means elected and appointed
officials of general purpose local government in a
nonmetropolitan area with responsibility for transportation.
``(5) Regional transportation planning organization.--The
term `regional transportation planning organization' means a
policy board of an organization established as the result of a
designation under section 5304(l).
``(6) TIP.--The term `TIP' means a transportation
improvement program developed by a metropolitan planning
organization under subsection (j).
[[Page 126 STAT. 629]]
``(7) Urbanized area.--The term `urbanized area' means a
geographic area with a population of 50,000 or more, as
determined by the Bureau of the Census.
``(c) General Requirements.--
``(1) Development of long-range plans and tips.--To
accomplish the objectives in subsection (a), metropolitan
planning organizations designated under subsection (d), in
cooperation with the State and public transportation operators,
shall develop long-range transportation plans and transportation
improvement programs through a performance-driven, outcome-based
approach to planning for metropolitan areas of the State.
``(2) Contents.--The plans and TIPs for each metropolitan
area shall provide for the development and integrated management
and operation of transportation systems and facilities
(including accessible pedestrian walkways and bicycle
transportation facilities) that will function as an intermodal
transportation system for the metropolitan planning area and as
an integral part of an intermodal transportation system for the
State and the United States.
``(3) Process of development.--The process for developing
the plans and TIPs shall provide for consideration of all modes
of transportation and shall be continuing, cooperative, and
comprehensive to the degree appropriate, based on the complexity
of the transportation problems to be addressed.
``(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) by agreement between the Governor and units of
general purpose local government that together represent
at least 75 percent of the affected population
(including the largest incorporated city (based on
population) as determined by the Bureau of the Census);
or
``(B) in accordance with procedures established by
applicable State or local law.
``(2) Structure.-- <<NOTE: Deadline.>> Not later than 2
years after the date of enactment of the Federal Public
Transportation Act of 2012, each metropolitan planning
organization that serves an area designated as a transportation
management area shall consist of--
``(A) local elected officials;
``(B) officials of public agencies that administer
or operate major modes of transportation in the
metropolitan area, including representation by providers
of public transportation; and
``(C) appropriate State officials.
``(3) Limitation on statutory construction.--Nothing in this
subsection shall be construed to interfere with the authority,
under any State law in effect on December 18, 1991, of a public
agency with multimodal transportation responsibilities--
``(A) to develop the plans and TIPs for adoption by
a metropolitan planning organization; and
[[Page 126 STAT. 630]]
``(B) to develop long-range capital plans,
coordinate transit services and projects, and carry out
other activities pursuant to State law.
``(4) Continuing designation.--A designation of a
metropolitan planning organization under this subsection or any
other provision of law shall remain in effect until the
metropolitan planning organization is redesignated under
paragraph (5).
``(5) Redesignation procedures.--
``(A) In general.--A metropolitan planning
organization may be redesignated by agreement between
the Governor and units of general purpose local
government that together represent at least 75 percent
of the existing planning area population (including the
largest incorporated city (based on population) as
determined by the Bureau of the Census) as appropriate
to carry out this section.
``(B) Restructuring.--A metropolitan planning
organization may be restructured to meet the
requirements of paragraph (2) without undertaking a
redesignation.
``(6) Designation of more than 1 metropolitan planning
organization.--More than 1 metropolitan planning organization
may be designated within an existing metropolitan planning area
only if the Governor and the existing metropolitan planning
organization determine that the size and complexity of the
existing metropolitan planning area make designation of more
than 1 metropolitan planning organization for the area
appropriate.
``(e) Metropolitan Planning Area Boundaries.--
``(1) In general.--For the purposes of this section, the
boundaries of a metropolitan planning area shall be determined
by agreement between the metropolitan planning organization and
the Governor.
``(2) <<NOTE: Time period.>> Included area.--Each
metropolitan planning area--
``(A) shall encompass at least the existing
urbanized area and the contiguous area expected to
become urbanized within a 20-year forecast period for
the transportation plan; and
``(B) may encompass the entire metropolitan
statistical area or consolidated metropolitan
statistical area, as defined by the Bureau of the
Census.
``(3) Identification of new urbanized areas within existing
planning area boundaries.--The designation by the Bureau of the
Census of new urbanized areas within an existing metropolitan
planning area shall not require the redesignation of the
existing metropolitan planning organization.
``(4) Existing metropolitan planning areas in
nonattainment.--
``(A) In general.--Notwithstanding paragraph (2),
except as provided in subparagraph (B), in the case of
an urbanized area designated as a nonattainment area for
ozone or carbon monoxide under the Clean Air Act (42
U.S.C. 7401 et seq.) as of the date of enactment of the
SAFETEA-LU, the boundaries of the metropolitan planning
area in existence as of such date of enactment shall be
retained.
``(B) Exception.--The boundaries described in
subparagraph (A) may be adjusted by agreement of the
[[Page 126 STAT. 631]]
Governor and affected metropolitan planning
organizations in the manner described in subsection
(d)(5).
``(5) New metropolitan planning areas in nonattainment.--In
the case of an urbanized area designated after the date of
enactment of the SAFETEA-LU, as a nonattainment area for ozone
or carbon monoxide, the boundaries of the metropolitan planning
area--
``(A) shall be established in the manner described
in subsection (d)(1);
``(B) shall encompass the areas described in
paragraph (2)(A);
``(C) may encompass the areas described in paragraph
(2)(B); and
``(D) may address any nonattainment area identified
under the Clean Air Act (42 U.S.C. 7401 et seq.) for
ozone or carbon monoxide.
``(f) Coordination in Multistate Areas.--
``(1) In general.--The Secretary shall encourage each
Governor with responsibility for a portion of a multistate
metropolitan area and the appropriate metropolitan planning
organizations to provide coordinated transportation planning for
the entire metropolitan area.
``(2) Interstate compacts.--The consent of Congress is
granted to any 2 or more States--
``(A) to enter into agreements or compacts, not in
conflict with any law of the United States, for
cooperative efforts and mutual assistance in support of
activities authorized under this section as the
activities pertain to interstate areas and localities
within the States; and
``(B) to establish such agencies, joint or
otherwise, as the States may determine desirable for
making the agreements and compacts effective.
``(3) Reservation of rights.--The right to alter, amend, or
repeal interstate compacts entered into under this subsection is
expressly reserved.
``(g) MPO Consultation in Plan and TIP Coordination.--
``(1) Nonattainment areas.--If more than 1 metropolitan
planning organization has authority within a metropolitan area
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.
``(2) Transportation improvements located in multiple
mpos.--If a transportation improvement, funded under this
chapter or title 23, is located within the boundaries of more
than 1 metropolitan planning area, the metropolitan planning
organizations shall coordinate plans and TIPs regarding the
transportation improvement.
``(3) Relationship with other planning officials.--
``(A) In general.--The Secretary shall encourage
each metropolitan planning organization to consult with
officials responsible for other types of planning
activities that are affected by transportation in the
area (including State and
[[Page 126 STAT. 632]]
local planned growth, economic development,
environmental protection, airport operations, and
freight movements) or to coordinate its planning
process, to the maximum extent practicable, with such
planning activities.
``(B) Requirements.--Under the metropolitan planning
process, transportation plans and TIPs shall be
developed with due consideration of other related
planning activities within the metropolitan area, and
the process shall provide for the design and delivery of
transportation services within the metropolitan area
that are provided by--
``(i) recipients of assistance under this
chapter;
``(ii) governmental agencies and nonprofit
organizations (including representatives of the
agencies and organizations) that receive Federal
assistance from a source other than the Department
of Transportation to provide nonemergency
transportation services; and
``(iii) recipients of assistance under section
204 of title 23.
``(h) Scope of Planning Process.--
``(1) In general.--The metropolitan planning process for a
metropolitan planning area under this section shall provide for
consideration of projects and strategies that will--
``(A) support the economic vitality of the
metropolitan area, especially by enabling global
competitiveness, productivity, and efficiency;
``(B) increase the safety of the transportation
system for motorized and nonmotorized users;
``(C) increase the security of the transportation
system for motorized and nonmotorized users;
``(D) increase the accessibility and mobility of
people and for freight;
``(E) protect and enhance the environment, promote
energy conservation, improve the quality of life, and
promote consistency between transportation improvements
and State and local planned growth and economic
development patterns;
``(F) enhance the integration and connectivity of
the transportation system, across and between modes, for
people and freight;
``(G) promote efficient system management and
operation; and
``(H) emphasize the preservation of the existing
transportation system.
``(2) Performance-based approach.--
``(A) In general.--The metropolitan transportation
planning process shall provide for the establishment and
use of a performance-based approach to transportation
decisionmaking to support the national goals described
in section 150(b) of title 23 and the general purposes
described in section 5301.
``(B) Performance targets.--
``(i) Surface transportation performance
targets.--
``(I) In general.--Each metropolitan
planning organization shall establish
performance targets that address the
performance measures described
[[Page 126 STAT. 633]]
in section 150(c) of title 23, where
applicable, to use in tracking progress
towards attainment of critical outcomes
for the region of the metropolitan
planning organization.
``(II) Coordination.--Selection of
performance targets by a metropolitan
planning organization shall be
coordinated with the relevant State to
ensure consistency, to the maximum
extent practicable.
``(ii) Public transportation performance
targets.--Selection of performance targets by a
metropolitan planning organization shall be
coordinated, to the maximum extent practicable,
with providers of public transportation to ensure
consistency with sections 5326(c) and 5329(d).
``(C) Timing.--Each metropolitan planning
organization shall establish the performance targets
under subparagraph (B) not later than 180 days after the
date on which the relevant State or provider of public
transportation establishes the performance targets.
``(D) Integration of other performance-based
plans.--A metropolitan planning organization shall
integrate in the metropolitan transportation planning
process, directly or by reference, the goals,
objectives, performance measures, and targets described
in other State transportation plans and transportation
processes, as well as any plans developed by recipients
of assistance under this chapter, required as part of a
performance-based program.
``(3) Failure to consider factors.--The failure to consider
any factor specified in paragraphs (1) and (2) shall not be
reviewable by any court under this chapter, title 23, subchapter
II of chapter 5 of title 5, or chapter 7 of title 5 in any
matter affecting a transportation plan, a TIP, a project or
strategy, or the certification of a planning process.
``(i) Development of Transportation Plan.--
``(1) Requirements.--
``(A) In general.--Each metropolitan planning
organization shall prepare and update a transportation
plan for its metropolitan planning area in accordance
with the requirements of this subsection.
``(B) Frequency.--
``(i) In general.--The metropolitan planning
organization shall prepare and update such plan
every 4 years (or more frequently, if the
metropolitan planning organization elects to
update more frequently) in the case of each of the
following:
``(I) Any area designated as
nonattainment, as defined in section
107(d) of the Clean Air Act (42 U.S.C.
7407(d)).
``(II) Any area that was
nonattainment and subsequently
designated to attainment in accordance
with section 107(d)(3) of that Act (42
U.S.C. 7407(d)(3)) and that is subject
to a maintenance plan under section 175A
of that Act (42 U.S.C. 7505a).
[[Page 126 STAT. 634]]
``(ii) Other areas.--In the case of any other
area required to have a transportation plan in
accordance with the requirements of this
subsection, the metropolitan planning organization
shall prepare and update such plan every 5 years
unless the metropolitan planning organization
elects to update more frequently.
``(2) Transportation plan.--A transportation plan under this
section shall be in a form that the Secretary determines to be
appropriate and shall contain, at a minimum, the following:
``(A) Identification of transportation facilities.--
``(i) In general.--An identification of
transportation facilities (including major
roadways, transit, multimodal and intermodal
facilities, nonmotorized transportation
facilities, and intermodal connectors) that should
function as an integrated metropolitan
transportation system, giving emphasis to those
facilities that serve important national and
regional transportation functions.
``(ii) <<NOTE: Time period.>> Factors.--In
formulating the transportation plan, the
metropolitan planning organization shall consider
factors described in subsection (h) as the factors
relate to a 20-year forecast period.
``(B) Performance measures and targets.--A
description of the performance measures and performance
targets used in assessing the performance of the
transportation system in accordance with subsection
(h)(2).
``(C) System performance report.--A system
performance report and subsequent updates evaluating the
condition and performance of the transportation system
with respect to the performance targets described in
subsection (h)(2), including--
``(i) progress achieved by the metropolitan
planning organization in meeting the performance
targets in comparison with system performance
recorded in previous reports; and
``(ii) for metropolitan planning organizations
that voluntarily elect to develop multiple
scenarios, an analysis of how the preferred
scenario has improved the conditions and
performance of the transportation system and how
changes in local policies and investments have
impacted the costs necessary to achieve the
identified performance targets.
``(D) Mitigation activities.--
``(i) In general.--A long-range transportation
plan shall include a discussion of types of
potential environmental mitigation activities and
potential areas to carry out these activities,
including activities that may have the greatest
potential to restore and maintain the
environmental functions affected by the plan.
``(ii) Consultation.--The discussion shall be
developed in consultation with Federal, State, and
tribal wildlife, land management, and regulatory
agencies.
``(E) Financial plan.--
``(i) In general.--A financial plan that--
[[Page 126 STAT. 635]]
``(I) demonstrates how the adopted
transportation plan can be implemented;
``(II) indicates resources from
public and private sources that are
reasonably expected to be made available
to carry out the plan; and
``(III) recommends any additional
financing strategies for needed projects
and programs.
``(ii) Inclusions.--The financial plan may
include, for illustrative purposes, additional
projects that would be included in the adopted
transportation plan if reasonable additional
resources beyond those identified in the financial
plan were available.
``(iii) Cooperative development.--For the
purpose of developing the transportation plan, the
metropolitan planning organization, transit
operator, and State shall cooperatively develop
estimates of funds that will be available to
support plan implementation.
``(F) Operational and management strategies.--
Operational and management strategies to improve the
performance of existing transportation facilities to
relieve vehicular congestion and maximize the safety and
mobility of people and goods.
``(G) Capital investment and other strategies.--
Capital investment and other strategies to preserve the
existing and projected future metropolitan
transportation infrastructure and provide for multimodal
capacity increases based on regional priorities and
needs.
``(H) Transportation and transit enhancement
activities.--Proposed transportation and transit
enhancement activities.
``(3) Coordination with clean air act agencies.--In
metropolitan areas that are in nonattainment for ozone or carbon
monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the
metropolitan planning organization shall coordinate the
development of a transportation plan with the process for
development of the transportation control measures of the State
implementation plan required by that Act.
``(4) Optional scenario development.--
``(A) In general.--A metropolitan planning
organization may, while fitting the needs and complexity
of its community, voluntarily elect to develop multiple
scenarios for consideration as part of the development
of the metropolitan transportation plan, in accordance
with subparagraph (B).
``(B) Recommended components.--A metropolitan
planning organization that chooses to develop multiple
scenarios under subparagraph (A) shall be encouraged to
consider--
``(i) potential regional investment strategies
for the planning horizon;
``(ii) assumed distribution of population and
employment;
``(iii) a scenario that, to the maximum extent
practicable, maintains baseline conditions for the
performance measures identified in subsection
(h)(2);
[[Page 126 STAT. 636]]
``(iv) a scenario that improves the baseline
conditions for as many of the performance measures
identified in subsection (h)(2) as possible;
``(v) revenue constrained scenarios based on
the total revenues expected to be available over
the forecast period of the plan; and
``(vi) estimated costs and potential revenues
available to support each scenario.
``(C) Metrics.--In addition to the performance
measures identified in section 150(c) of title 23,
metropolitan planning organizations may evaluate
scenarios developed under this paragraph using locally-
developed measures.
``(5) Consultation.--
``(A) In general.--In each metropolitan area, the
metropolitan planning organization shall consult, as
appropriate, with State and local agencies responsible
for land use management, natural resources,
environmental protection, conservation, and historic
preservation concerning the development of a long-range
transportation plan.
``(B) Issues.--The consultation shall involve, as
appropriate--
``(i) comparison of transportation plans with
State conservation plans or maps, if available; or
``(ii) comparison of transportation plans to
inventories of natural or historic resources, if
available.
``(6) Participation by interested parties.--
``(A) In general.--Each metropolitan planning
organization shall provide citizens, affected public
agencies, representatives of public transportation
employees, freight shippers, providers of freight
transportation services, private providers of
transportation, 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) shall be developed in consultation with
all interested parties; and
``(ii) shall provide that all interested
parties have reasonable opportunities to comment
on the contents of the transportation plan.
``(C) <<NOTE: Public information.>> Methods.--In
carrying out subparagraph (A), the metropolitan planning
organization shall, to the maximum extent practicable--
``(i) hold any public meetings at convenient
and accessible locations and times;
``(ii) employ visualization techniques to
describe plans; and
``(iii) make public information available in
electronically accessible format and means, such
as the World Wide Web, as appropriate to afford
reasonable opportunity for consideration of public
information under subparagraph (A).
``(7) Publication.--A transportation plan involving Federal
participation shall be published or otherwise made readily
[[Page 126 STAT. 637]]
available by the metropolitan planning organization for public
review, including (to the maximum extent practicable) in
electronically accessible formats and means, such as the World
Wide Web, approved by the metropolitan planning organization and
submitted for information purposes to the Governor at such times
and in such manner as the Secretary shall establish.
``(8) Selection of projects from illustrative list.--
Notwithstanding paragraph (2)(C), a State or metropolitan
planning organization shall not be required to select any
project from the illustrative list of additional projects
included in the financial plan under paragraph (2)(C).
``(j) Metropolitan TIP.--
``(1) Development.--
``(A) In general.--In cooperation with the State and
any affected public transportation operator, the
metropolitan planning organization designated for a
metropolitan area shall develop a TIP for the
metropolitan planning area that--
``(i) contains projects consistent with the
current metropolitan transportation plan;
``(ii) reflects the investment priorities
established in the current metropolitan
transportation plan; and
``(iii) once implemented, is designed to make
progress toward achieving the performance targets
established under subsection (h)(2).
``(B) Opportunity for comment.--In developing the
TIP, the metropolitan planning organization, in
cooperation with the State and any affected public
transportation operator, shall provide an opportunity
for participation by interested parties in the
development of the program, in accordance with
subsection (i)(5).
``(C) Funding estimates.--For the purpose of
developing the TIP, the metropolitan planning
organization, public transportation agency, and State
shall cooperatively develop estimates of funds that are
reasonably expected to be available to support program
implementation.
``(D) Updating and approval.--The TIP shall be--
``(i) updated at least once every 4 years; and
``(ii) approved by the metropolitan planning
organization and the Governor.
``(2) Contents.--
``(A) <<NOTE: Time period.>> Priority list.--The TIP
shall include a priority list of proposed Federally
supported projects and strategies to be carried out
within each 4-year period after the initial adoption of
the TIP.
``(B) Financial plan.--The TIP shall include a
financial plan that--
``(i) demonstrates how the TIP can be
implemented;
``(ii) indicates resources from public and
private sources that are reasonably expected to be
available to carry out the program;
``(iii) identifies innovative financing
techniques to finance projects, programs, and
strategies; and
``(iv) may include, for illustrative purposes,
additional projects that would be included in the
approved TIP if reasonable additional resources
beyond those identified in the financial plan were
available.
[[Page 126 STAT. 638]]
``(C) Descriptions.--Each project in the TIP shall
include sufficient descriptive material (such as type of
work, termini, length, and other similar factors) to
identify the project or phase of the project.
``(D) Performance target achievement.--The
transportation improvement program shall include, to the
maximum extent practicable, a description of the
anticipated effect of the transportation improvement
program toward achieving the performance targets
established in the metropolitan transportation plan,
linking investment priorities to those performance
targets.
``(3) Included projects.--
``(A) Projects under this chapter and title 23.--A
TIP developed under this subsection for a metropolitan
area shall include the projects within the area that are
proposed for funding under this chapter and chapter 1 of
title 23.
``(B) Projects under chapter 2 of title 23.--
``(i) Regionally significant projects.--
Regionally significant projects proposed for
funding under chapter 2 of title 23 shall be
identified individually in the transportation
improvement program.
``(ii) Other projects.--Projects proposed for
funding under chapter 2 of title 23 that are not
determined to be regionally significant shall be
grouped in 1 line item or identified individually
in the transportation improvement program.
``(C) Consistency with long-range transportation
plan.--Each project shall be consistent with the long-
range transportation plan developed under subsection (i)
for the area.
``(D) Requirement of anticipated full funding.--The
program shall include a project, or an identified phase
of a project, only if full funding can reasonably be
anticipated to be available for the project or the
identified phase within the time period contemplated for
completion of the project or the identified phase.
``(4) Notice and comment.--Before approving a TIP, a
metropolitan planning organization, in cooperation with the
State and any affected public transportation operator, shall
provide an opportunity for participation by interested parties
in the development of the program, in accordance with subsection
(i)(5).
``(5) Selection of projects.--
``(A) In general.--Except as otherwise provided in
subsection (k)(4) and in addition to the TIP development
required under paragraph (1), the selection of Federally
funded projects in metropolitan areas shall be carried
out, from the approved TIP--
``(i) by--
``(I) in the case of projects under
title 23, the State; and
``(II) in the case of projects under
this chapter, the designated recipients
of public transportation funding; and
``(ii) in cooperation with the metropolitan
planning organization.
[[Page 126 STAT. 639]]
``(B) Modifications to project priority.--
Notwithstanding any other provision of law, action by
the Secretary shall not be required to advance a project
included in the approved TIP in place of another project
in the program.
``(6) Selection of projects from illustrative list.--
``(A) No required selection.--Notwithstanding
paragraph (2)(B)(iv), a State or metropolitan planning
organization shall not be required to select any project
from the illustrative list of additional projects
included in the financial plan under paragraph
(2)(B)(iv).
``(B) Required action by the secretary.--Action by
the Secretary shall be required for a State or
metropolitan planning organization to select any project
from the illustrative list of additional projects
included in the financial plan under paragraph
(2)(B)(iv) for inclusion in an approved TIP.
``(7) <<NOTE: Public information.>> Publication.--
``(A) Publication of tips.--A TIP involving Federal
participation shall be published or otherwise made
readily available by the metropolitan planning
organization for public review.
``(B) Publication of annual listings of projects.--
``(i) In general.--An annual listing of
projects, including investments in pedestrian
walkways and bicycle transportation facilities,
for which Federal funds have been obligated in the
preceding year shall be published or otherwise
made available by the cooperative effort of the
State, transit operator, and metropolitan planning
organization for public review.
``(ii) Requirement.--The listing shall be
consistent with the categories identified in the
TIP.
``(k) Transportation Management Areas.--
``(1) Identification and designation.--
``(A) Required identification.--The Secretary shall
identify as a transportation management area each
urbanized area (as defined by the Bureau of the Census)
with a population of over 200,000 individuals.
``(B) Designations on request.--The Secretary shall
designate any additional area as a transportation
management area on the request of the Governor and the
metropolitan planning organization designated for the
area.
``(2) Transportation plans.--In a transportation management
area, transportation plans shall be based on a continuing and
comprehensive transportation planning process carried out by the
metropolitan planning organization in cooperation with the State
and public transportation operators.
``(3) Congestion management process.--
``(A) In general.--Within a metropolitan planning
area serving a transportation management area, the
transportation planning process under this section shall
address congestion management through a process that
provides for effective management and operation, based
on a cooperatively developed and implemented
metropolitan-wide strategy, of new and existing
transportation facilities eligible for funding under
this chapter and title 23 through the use of travel
demand reduction and operational management strategies.
[[Page 126 STAT. 640]]
``(B) <<NOTE: Time period.>> Schedule.--The
Secretary shall establish an appropriate phase-in
schedule for compliance with the requirements of this
section but no sooner than 1 year after the
identification of a transportation management area.
``(4) Selection of projects.--
``(A) In general.--All Federally funded projects
carried out within the boundaries of a metropolitan
planning area serving a transportation management area
under title 23 (excluding projects carried out on the
National Highway System) or under this chapter shall be
selected for implementation from the approved TIP by the
metropolitan planning organization designated for the
area in consultation with the State and any affected
public transportation operator.
``(B) National highway system projects.--Projects
carried out within the boundaries of a metropolitan
planning area serving a transportation management area
on the National Highway System shall be selected for
implementation from the approved TIP by the State in
cooperation with the metropolitan planning organization
designated for the area.
``(5) Certification.--
``(A) In general.--The Secretary shall--
``(i) ensure that the metropolitan planning
process of a metropolitan planning organization
serving a transportation management area is being
carried out in accordance with applicable
provisions of Federal law; and
``(ii) <<NOTE: Time period.>> subject to
subparagraph (B), certify, not less often than
once every 4 years, that the requirements of this
paragraph are met with respect to the metropolitan
planning process.
``(B) Requirements for certification.--The Secretary
may make the certification under subparagraph (A) if--
``(i) the transportation planning process
complies with the requirements of this section and
other applicable requirements of Federal law; and
``(ii) there is a TIP for the metropolitan
planning area that has been approved by the
metropolitan planning organization and the
Governor.
``(C) Effect of failure to certify.--
``(i) Withholding of project funds.--If a
metropolitan planning process of a metropolitan
planning organization serving a transportation
management area is not certified, the Secretary
may withhold up to 20 percent of the funds
attributable to the metropolitan planning area of
the metropolitan planning organization for
projects funded under this chapter and title 23.
``(ii) Restoration of withheld funds.--The
withheld funds shall be restored to the
metropolitan planning area at such time as the
metropolitan planning process is certified by the
Secretary.
``(D) Review of certification.--In making
certification determinations under this paragraph, the
Secretary
[[Page 126 STAT. 641]]
shall provide for public involvement appropriate to the
metropolitan area under review.
``(l) Report on Performance-based Planning Processes.--
``(1) In general.--The Secretary shall submit to Congress a
report on the effectiveness of the performance-based planning
processes of metropolitan planning organizations under this
section, taking into consideration the requirements of this
subsection
``(2) Report.--Not later than 5 years after the date of
enactment of the Federal Public Transportation Act of 2012, the
Secretary shall submit to Congress a report evaluating--
``(A) the overall effectiveness of performance-based
planning as a tool for guiding transportation
investments;
``(B) the effectiveness of the performance-based
planning process of each metropolitan planning
organization under this section;
``(C) the extent to which metropolitan planning
organizations have achieved, or are currently making
substantial progress toward achieving, the performance
targets specified under this section and whether
metropolitan planning organizations are developing
meaningful performance targets; and
``(D) the technical capacity of metropolitan
planning organizations that operate within a
metropolitan planning area of less than 200,000 and
their ability to carry out the requirements of this
section.
``(3) Publication.--The report under paragraph (2) shall be
published or otherwise made available in electronically
accessible formats and means, including on the Internet.
``(m) Abbreviated Plans for Certain Areas.--
``(1) In general.--Subject to paragraph (2), in the case of
a metropolitan area not designated as a transportation
management area under this section, the Secretary may provide
for the development of an abbreviated transportation plan and
TIP for the metropolitan planning area that the Secretary
determines is appropriate to achieve the purposes of this
section, taking into account the complexity of transportation
problems in the area.
``(2) Nonattainment areas.--The Secretary may not permit
abbreviated plans or TIPs for a metropolitan area that is in
nonattainment for ozone or carbon monoxide under the Clean Air
Act (42 U.S.C. 7401 et seq.).
``(n) Additional Requirements for Certain Nonattainment Areas.--
``(1) In general.--Notwithstanding any other provisions of
this chapter or title 23, for transportation management areas
classified as nonattainment for ozone or carbon monoxide
pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), Federal
funds may not be advanced in such area for any highway project
that will result in a significant increase in the carrying
capacity for single-occupant vehicles unless the project is
addressed through a congestion management process.
``(2) Applicability.--This subsection applies to a
nonattainment area within the metropolitan planning area
boundaries determined under subsection (e).
``(o) Limitation on Statutory Construction.--Nothing in this section
shall be construed to confer on a metropolitan planning
[[Page 126 STAT. 642]]
organization the authority to impose legal requirements on any
transportation facility, provider, or project not eligible under this
chapter or title 23.
``(p) Funding.--Funds set aside under section 104(f) of title 23 or
section 5305(g) shall be available to carry out this section.
``(q) Continuation of Current Review Practice.--Since plans and TIPs
described in this section are subject to a reasonable opportunity for
public comment, since individual projects included in plans and TIPs are
subject to review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), and since decisions by the Secretary
concerning plans and TIPs described in this section have not been
reviewed under that Act as of January 1, 1997, any decision by the
Secretary concerning a plan or TIP described in this section shall not
be considered to be a Federal action subject to review under that
Act.''.
(b) <<NOTE: 49 USC 5303 note.>> Pilot Program for Transit-oriented
Development Planning.--
(1) Definitions.--In this subsection the following
definitions shall apply:
(A) Eligible project.--The term ``eligible project''
means a new fixed guideway capital project or a core
capacity improvement project, as those terms are defined
in section 5309 of title 49, United States Code, as
amended by this division.
(B) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
(2) General authority.--The Secretary may make grants under
this subsection to a State or local governmental authority to
assist in financing comprehensive planning associated with an
eligible project that seeks to--
(A) enhance economic development, ridership, and
other goals established during the project development
and engineering processes;
(B) facilitate multimodal connectivity and
accessibility;
(C) increase access to transit hubs for pedestrian
and bicycle traffic;
(D) enable mixed-use development;
(E) identify infrastructure needs associated with
the eligible project; and
(F) include private sector participation.
(3) Eligibility.--A State or local governmental authority
that desires to participate in the program under this subsection
shall submit to the Secretary an application that contains, at a
minimum--
(A) identification of an eligible project;
(B) a schedule and process for the development of a
comprehensive plan;
(C) a description of how the eligible project and
the proposed comprehensive plan advance the metropolitan
transportation plan of the metropolitan planning
organization;
(D) proposed performance criteria for the
development and implementation of the comprehensive
plan; and
(E) identification of--
(i) partners;
(ii) availability of and authority for
funding; and
[[Page 126 STAT. 643]]
(iii) potential State, local or other
impediments to the implementation of the
comprehensive plan.
SEC. 20006. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
Section 5304 of title 49, United States Code, is amended to read as
follows:
``Sec. 5304. Statewide and nonmetropolitan transportation planning
``(a) General Requirements.--
``(1) Development of plans and programs.--Subject to section
5303, to accomplish the objectives stated in section 5303(a),
each State shall develop a statewide transportation plan and a
statewide transportation improvement program for all areas of
the State.
``(2) Contents.--The statewide transportation plan and the
transportation improvement program developed for each State
shall provide for the development and integrated management and
operation of transportation systems and facilities (including
accessible pedestrian walkways and bicycle transportation
facilities) that will function as an intermodal transportation
system for the State and an integral part of an intermodal
transportation system for the United States.
``(3) Process of development.--The process for developing
the statewide plan and the transportation improvement program
shall provide for consideration of all modes of transportation
and the policies stated in section 5303(a) and shall be
continuing, cooperative, and comprehensive to the degree
appropriate, based on the complexity of the transportation
problems to be addressed.
``(b) Coordination With Metropolitan Planning; State Implementation
Plan.--A State shall--
``(1) coordinate planning carried out under this section
with the transportation planning activities carried out under
section 5303 for metropolitan areas of the State and with
statewide trade and economic development planning activities and
related multistate planning efforts; and
``(2) develop the transportation portion of the State
implementation plan as required by the Clean Air Act (42 U.S.C.
7401 et seq.).
``(c) Interstate Agreements.--
``(1) In general.--Two or more States may enter into
agreements or compacts, not in conflict with any law of the
United States, for cooperative efforts and mutual assistance in
support of activities authorized under this section related to
interstate areas and localities in the States and establishing
authorities the States consider desirable for making the
agreements and compacts effective.
``(2) Reservation of rights.--The right to alter, amend, or
repeal interstate compacts entered into under this subsection is
expressly reserved.
``(d) Scope of Planning Process.--
``(1) In general.--Each State shall carry out a statewide
transportation planning process that provides for consideration
and implementation of projects, strategies, and services that
will--
[[Page 126 STAT. 644]]
``(A) support the economic vitality of the United
States, the States, nonmetropolitan areas, and
metropolitan areas, especially by enabling global
competitiveness, productivity, and efficiency;
``(B) increase the safety of the transportation
system for motorized and nonmotorized users;
``(C) increase the security of the transportation
system for motorized and nonmotorized users;
``(D) increase the accessibility and mobility of
people and freight;
``(E) protect and enhance the environment, promote
energy conservation, improve the quality of life, and
promote consistency between transportation improvements
and State and local planned growth and economic
development patterns;
``(F) enhance the integration and connectivity of
the transportation system, across and between modes
throughout the State, for people and freight;
``(G) promote efficient system management and
operation; and
``(H) emphasize the preservation of the existing
transportation system.
``(2) Performance-based approach.--
``(A) In general.--The statewide transportation
planning process shall provide for the establishment and
use of a performance-based approach to transportation
decisionmaking to support the national goals described
in section 150(b) of title 23 and the general purposes
described in section 5301.
``(B) Performance targets.--
``(i) Surface transportation performance
targets.--
``(I) In general.--Each State shall
establish performance targets that
address the performance measures
described in section 150(c) of title 23,
where applicable, to use in tracking
progress towards attainment of critical
outcomes for the State.
``(II) Coordination.--Selection of
performance targets by a State shall be
coordinated with the relevant
metropolitan planning organizations to
ensure consistency, to the maximum
extent practicable.
``(ii) Public transportation performance
targets.--In urbanized areas with a population of
fewer than 200,000 individuals, as calculated
according to the most recent decennial census, and
not represented by a metropolitan planning
organization, selection of performance targets by
a State shall be coordinated, to the maximum
extent practicable, with providers of public
transportation to ensure consistency with sections
5326(c) and 5329(d).
``(C) Integration of other performance-based
plans.--A State shall integrate into the statewide
transportation planning process, directly or by
reference, the goals, objectives, performance measures,
and targets described in this paragraph, in other State
transportation plans and
[[Page 126 STAT. 645]]
transportation processes, as well as any plans developed
pursuant to title 23 by providers of public
transportation in urbanized areas with a population of
fewer than 200,000 individuals, as calculated according
to the most recent decennial census, and not represented
by a metropolitan planning organization, required as
part of a performance-based program.
``(D) Use of performance measures and targets.--The
performance measures and targets established under this
paragraph shall be considered by a State when developing
policies, programs, and investment priorities reflected
in the statewide transportation plan and statewide
transportation improvement program.
``(3) Failure to consider factors.--The failure to take into
consideration the factors specified in paragraphs (1) and (2)
shall not be subject to review by any court under this chapter,
title 23, subchapter II of chapter 5 of title 5, or chapter 7 of
title 5 in any matter affecting a statewide transportation plan,
a statewide transportation improvement program, a project or
strategy, or the certification of a planning process.
``(e) Additional Requirements.--``In carrying out planning under
this section, each State shall, at a minimum--
``(1) with respect to nonmetropolitan areas, cooperate with
affected local officials with responsibility for transportation
or, if applicable, through regional transportation planning
organizations described in subsection (l);
``(2) consider the concerns of Indian tribal governments and
Federal land management agencies that have jurisdiction over
land within the boundaries of the State; and
``(3) consider coordination of transportation plans, the
transportation improvement program, and planning activities with
related planning activities being carried out outside of
metropolitan planning areas and between States.
``(f) Long-range Statewide Transportation Plan.--
``(1) <<NOTE: Time period.>> Development.--Each State shall
develop a long-range statewide transportation plan, with a
minimum 20-year forecast period for all areas of the State, that
provides for the development and implementation of the
intermodal transportation system of the State.
``(2) Consultation with governments.--
``(A) Metropolitan areas.--The statewide
transportation plan shall be developed for each
metropolitan area in the State in cooperation with the
metropolitan planning organization designated for the
metropolitan area under section 5303.
``(B) Nonmetropolitan areas.--
``(i) In general.--With respect to
nonmetropolitan areas, the statewide
transportation plan shall be developed in
cooperation with affected nonmetropolitan
officials with responsibility for transportation
or, if applicable, through regional transportation
planning organizations described in subsection
(l).
``(ii) Role of secretary.--The Secretary shall
not review or approve the consultation process in
each State.
``(C) Indian tribal areas.--With respect to each
area of the State under the jurisdiction of an Indian
tribal
[[Page 126 STAT. 646]]
government, the statewide transportation plan shall be
developed in consultation with the tribal government and
the Secretary of the Interior.
``(D) Consultation, comparison, and consideration.--
``(i) In general.--The long-range
transportation plan shall be developed, as
appropriate, in consultation with State, tribal,
and local agencies responsible for land use
management, natural resources, environmental
protection, conservation, and historic
preservation.
``(ii) Comparison and consideration.--
Consultation under clause (i) shall involve
comparison of transportation plans to State and
tribal conservation plans or maps, if available,
and comparison of transportation plans to
inventories of natural or historic resources, if
available.
``(3) Participation by interested parties.--
``(A) In general.--In developing the statewide
transportation plan, the State shall provide to--
``(i) nonmetropolitan local elected officials,
or, if applicable, through regional transportation
planning organizations described in subsection
(l), an opportunity to participate in accordance
with subparagraph (B)(i); and
``(ii) citizens, affected public agencies,
representatives of public transportation
employees, freight shippers, private providers of
transportation, representatives of users of public
transportation, representatives of users of
pedestrian walkways and bicycle transportation
facilities, representatives of the disabled,
providers of freight transportation services, and
other interested parties a reasonable opportunity
to comment on the proposed plan.
``(B) <<NOTE: Public information.>> Methods.--In
carrying out subparagraph (A), the State shall, to the
maximum extent practicable--
``(i) develop and document a consultative
process to carry out subparagraph (A)(i) that is
separate and discrete from the public involvement
process developed under clause (ii);
``(ii) hold any public meetings at convenient
and accessible locations and times;
``(iii) employ visualization techniques to
describe plans; and
``(iv) make public information available in
electronically accessible format and means, such
as the World Wide Web, as appropriate to afford
reasonable opportunity for consideration of public
information under subparagraph (A).
``(4) Mitigation activities.--
``(A) In general.--A long-range transportation plan
shall include a discussion of potential environmental
mitigation activities and potential areas to carry out
these activities, including activities that may have the
greatest potential to restore and maintain the
environmental functions affected by the plan.
[[Page 126 STAT. 647]]
``(B) Consultation.--The discussion shall be
developed in consultation with Federal, State, and
tribal wildlife, land management, and regulatory
agencies.
``(5) Financial plan.--The statewide transportation plan may
include--
``(A) a financial plan that--
``(i) demonstrates how the adopted statewide
transportation plan can be implemented;
``(ii) indicates resources from public and
private sources that are reasonably expected to be
made available to carry out the plan; and
``(iii) recommends any additional financing
strategies for needed projects and programs; and
``(B) for illustrative purposes, additional projects
that would be included in the adopted statewide
transportation plan if reasonable additional resources
beyond those identified in the financial plan were
available.
``(6) Selection of projects from illustrative list.--A State
shall not be required to select any project from the
illustrative list of additional projects included in the
financial plan described in paragraph (5).
``(7) Performance-based approach.--The statewide
transportation plan should include--
``(A) a description of the performance measures and
performance targets used in assessing the performance of
the transportation system in accordance with subsection
(d)(2); and
``(B) a system performance report and subsequent
updates evaluating the condition and performance of the
transportation system with respect to the performance
targets described in subsection (d)(2), including
progress achieved by the metropolitan planning
organization in meeting the performance targets in
comparison with system performance recorded in previous
reports;
``(8) Existing system.--The statewide transportation plan
should include capital, operations and management strategies,
investments, procedures, and other measures to ensure the
preservation and most efficient use of the existing
transportation system.
``(9) Publication of long-range transportation plans.--Each
long-range transportation plan prepared by a State shall be
published or otherwise made available, including (to the maximum
extent practicable) in electronically accessible formats and
means, such as the World Wide Web.
``(g) Statewide Transportation Improvement Program.--
``(1) Development.--
``(A) In general.--Each State shall develop a
statewide transportation improvement program for all
areas of the State.
``(B) <<NOTE: Time period.>> Duration and updating
of program.--Each program developed under subparagraph
(A) shall cover a period of 4 years and shall be updated
every 4 years or more frequently if the Governor of the
State elects to update more frequently.
``(2) Consultation with governments.--
[[Page 126 STAT. 648]]
``(A) Metropolitan areas.--With respect to each
metropolitan area in the State, the program shall be
developed in cooperation with the metropolitan planning
organization designated for the metropolitan area under
section 5303.
``(B) Nonmetropolitan areas.--
``(i) In general.--With respect to each
nonmetropolitan area in the State, the program
shall be developed in cooperation with affected
nonmetropolitan local officials with
responsibility for transportation or, if
applicable, through regional transportation
planning organizations described in subsection
(l).
``(ii) Role of secretary.--The Secretary shall
not review or approve the specific consultation
process in the State.
``(C) Indian tribal areas.--With respect to each
area of the State under the jurisdiction of an Indian
tribal government, the program shall be developed in
consultation with the tribal government and the
Secretary of the Interior.
``(3) Participation by interested parties.--In developing
the program, the State shall provide citizens, affected public
agencies, representatives of public transportation employees,
freight shippers, private providers of transportation, 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.
``(4) Performance target achievement.--A statewide
transportation improvement program shall include, to the maximum
extent practicable, a discussion of the anticipated effect of
the statewide transportation improvement program toward
achieving the performance targets established in the statewide
transportation plan, linking investment priorities to those
performance targets.
``(5) Included projects.--
``(A) In general.--A transportation improvement
program developed under this subsection for a State
shall include Federally supported surface transportation
expenditures within the boundaries of the State.
``(B) Listing of projects.--
``(i) <<NOTE: Public information.>> In
general.--An annual listing of projects for which
funds have been obligated for the preceding year
in each metropolitan planning area shall be
published or otherwise made available by the
cooperative effort of the State, transit operator,
and the metropolitan planning organization for
public review.
``(ii) Funding categories.--The listing
described in clause (i) shall be consistent with
the funding categories identified in each
metropolitan transportation improvement program.
``(C) Projects under chapter 2.--
``(i) Regionally significant projects.--
Regionally significant projects proposed for
funding under chapter 2 of title 23 shall be
identified individually in the transportation
improvement program.
[[Page 126 STAT. 649]]
``(ii) Other projects.--Projects proposed for
funding under chapter 2 of title 23 that are not
determined to be regionally significant shall be
grouped in 1 line item or identified individually
in the transportation improvement program.
``(D) Consistency with statewide transportation
plan.--Each project shall be--
``(i) consistent with the statewide
transportation plan developed under this section
for the State;
``(ii) identical to the project or phase of
the project as described in an approved
metropolitan transportation plan; and
``(iii) in conformance with the applicable
State air quality implementation plan developed
under the Clean Air Act (42 U.S.C. 7401 et seq.),
if the project is carried out in an area
designated as a nonattainment area for ozone,
particulate matter, or carbon monoxide under part
D of title I of that Act (42 U.S.C. 7501 et seq.).
``(E) Requirement of anticipated full funding.--The
transportation improvement program shall include a
project, or an identified phase of a project, only if
full funding can reasonably be anticipated to be
available for the project within the time period
contemplated for completion of the project.
``(F) Financial plan.--
``(i) In general.--The transportation
improvement program may include a financial plan
that demonstrates how the approved transportation
improvement program can be implemented, indicates
resources from public and private sources that are
reasonably expected to be made available to carry
out the transportation improvement program, and
recommends any additional financing strategies for
needed projects and programs.
``(ii) Additional projects.--The financial
plan may include, for illustrative purposes,
additional projects that would be included in the
adopted transportation plan if reasonable
additional resources beyond those identified in
the financial plan were available.
``(G) Selection of projects from illustrative
list.--
``(i) No required selection.--Notwithstanding
subparagraph (F), a State shall not be required to
select any project from the illustrative list of
additional projects included in the financial plan
under subparagraph (F).
``(ii) Required action by the secretary.--
Action by the Secretary shall be required for a
State to select any project from the illustrative
list of additional projects included in the
financial plan under subparagraph (F) for
inclusion in an approved transportation
improvement program.
``(H) Priorities.--The transportation improvement
program shall reflect the priorities for programming and
[[Page 126 STAT. 650]]
expenditures of funds, including transportation
enhancement activities, required by this chapter and
title 23.
``(6) Project selection for areas of less than 50,000
population.--
``(A) In general.--Projects carried out in areas
with populations of less than 50,000 individuals shall
be selected, from the approved transportation
improvement program (excluding projects carried out on
the National Highway System and projects carried out
under the bridge program or the Interstate maintenance
program under title 23 or under sections 5310 and 5311
of this chapter), by the State in cooperation with the
affected nonmetropolitan local officials with
responsibility for transportation or, if applicable,
through regional transportation planning organizations
described in subsection (l).
``(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 title 23 or
under sections 5310 and 5311 of this chapter 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.
``(7) Transportation improvement program approval.--Every 4
years, a transportation improvement program developed under this
subsection shall be reviewed and approved by the Secretary if
based on a current planning finding.
``(8) <<NOTE: Time period.>> Planning finding.--A finding
shall be made by the Secretary at least every 4 years that the
transportation planning process through which statewide
transportation plans and programs are developed is consistent
with this section and section 5303.
``(9) Modifications to project priority.--Notwithstanding
any other provision of law, action by the Secretary shall not be
required to advance a project included in the approved
transportation improvement program in place of another project
in the program.
``(h) Performance-based Planning Processes Evaluation.--
``(1) <<NOTE: Criteria.>> In general.--The Secretary shall
establish criteria to evaluate the effectiveness of the
performance-based planning processes of States, taking into
consideration the following:
``(A) The extent to which the State is making
progress toward achieving, the performance targets
described in subsection (d)(2), taking into account
whether the State developed appropriate performance
targets.
``(B) The extent to which the State has made
transportation investments that are efficient and cost-
effective.
``(C) <<NOTE: Public information.>> The extent to
which the State--
``(i) has developed an investment process that
relies on public input and awareness to ensure
that investments are transparent and accountable;
and
``(ii) provides reports allowing the public to
access the information being collected in a format
that allows the public to meaningfully assess the
performance of the State.
``(2) Report.--
[[Page 126 STAT. 651]]
``(A) In general.--Not later than 5 years after the
date of enactment of the Federal Public Transportation
Act of 2012, the Secretary shall submit to Congress a
report evaluating--
``(i) the overall effectiveness of
performance-based planning as a tool for guiding
transportation investments; and
``(ii) the effectiveness of the performance-
based planning process of each State.
``(B) Publication.--The report under subparagraph
(A) shall be published or otherwise made available in
electronically accessible formats and means, including
on the Internet.
``(i) Treatment of Certain State Laws as Congestion Management
Processes.--For purposes of this section and section 5303, and sections
134 and 135 of title 23, State laws, rules, or regulations pertaining to
congestion management systems or programs may constitute the congestion
management process under this this section and section 5303, and
sections 134 and 135 of title 23, if the Secretary finds that the State
laws, rules, or regulations are consistent with, and fulfill the intent
of, the purposes of this section and section 5303, and sections 134 and
135 of title 23, as appropriate.
``(j) Continuation of Current Review Practice.--Since the statewide
transportation plan and the transportation improvement program described
in this section are subject to a reasonable opportunity for public
comment, since individual projects included in the statewide
transportation plans and the transportation improvement program are
subject to review under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), and since decisions by the Secretary
concerning statewide transportation plans or the transportation
improvement program described in this section have not been reviewed
under that Act as of January 1, 1997, any decision by the Secretary
concerning a metropolitan or statewide transportation plan or the
transportation improvement program described in this section shall not
be considered to be a Federal action subject to review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(k) <<NOTE: Guidance.>> Schedule for Implementation.--The
Secretary shall issue guidance on a schedule for implementation of the
changes made by this section, taking into consideration the established
planning update cycle for States. The Secretary shall not require a
State to deviate from its established planning update cycle to implement
changes made by this section. <<NOTE: Deadline.>> States shall reflect
changes made to their transportation plan or transportation improvement
program updates not later than 2 years after the date of issuance of
guidance by the Secretary under this subsection.
``(l) Designation of Regional Transportation Planning
Organizations.--
``(1) In general.--To carry out the transportation planning
process required by this section, a State may establish and
designate regional transportation planning organizations to
enhance the planning, coordination, and implementation of
statewide strategic long-range transportation plans and
transportation improvement programs, with an emphasis on
addressing the needs of nonmetropolitan areas of the State.
[[Page 126 STAT. 652]]
``(2) Structure.--A regional transportation planning
organization shall be established as a multijurisdictional
organization of nonmetropolitan local officials or their
designees who volunteer for such organization and
representatives of local transportation systems who volunteer
for such organization.
``(3) Requirements.--A regional transportation planning
organization shall establish, at a minimum--
``(A) a policy committee, the majority of which
shall consist of nonmetropolitan local officials, or
their designees, and, as appropriate, additional
representatives from the State, private business,
transportation service providers, economic development
practitioners, and the public in the region; and
``(B) a fiscal and administrative agent, such as an
existing regional planning and development organization,
to provide professional planning, management, and
administrative support.
``(4) Duties.--The duties of a regional transportation
planning organization shall include--
``(A) developing and maintaining, in cooperation
with the State, regional long-range multimodal
transportation plans;
``(B) developing a regional transportation
improvement program for consideration by the State;
``(C) fostering the coordination of local planning,
land use, and economic development plans with State,
regional, and local transportation plans and programs;
``(D) providing technical assistance to local
officials;
``(E) participating in national, multistate, and
State policy and planning development processes to
ensure the regional and local input of nonmetropolitan
areas;
``(F) providing a forum for public participation in
the statewide and regional transportation planning
processes;
``(G) considering and sharing plans and programs
with neighboring regional transportation planning
organizations, metropolitan planning organizations, and,
where appropriate, tribal organizations; and
``(H) conducting other duties, as necessary, to
support and enhance the statewide planning process under
subsection (d).
``(5) States without regional transportation planning
organizations.-- <<NOTE: Consultation.>> If a State chooses not
to establish or designate a regional transportation planning
organization, the State shall consult with affected
nonmetropolitan local officials to determine projects that may
be of regional significance.''.
SEC. 20007. URBANIZED AREA FORMULA GRANTS.
Section 5307 of title 49, United States Code, is amended to read as
follows:
``Sec. 5307. Urbanized area formula grants
``(a) General Authority.--
``(1) Grants.--The Secretary may make grants under this
section for--
``(A) capital projects;
``(B) planning;
[[Page 126 STAT. 653]]
``(C) job access and reverse commute projects; and
``(D) operating costs of equipment and facilities
for use in public transportation in an urbanized area
with a population of fewer than 200,000 individuals, as
determined by the Bureau of the Census.
``(2) Special rule.--The Secretary may make grants under
this section to finance the operating cost of equipment and
facilities for use in public transportation, excluding rail
fixed guideway, in an urbanized area with a population of not
fewer than 200,000 individuals, as determined by the Bureau of
the Census--
``(A) for public transportation systems that operate
75 or fewer buses in fixed route service during peak
service hours, in an amount not to exceed 75 percent of
the share of the apportionment which is attributable to
such systems within the urbanized area, as measured by
vehicle revenue hours; and
``(B) for public transportation systems that operate
a minimum of 76 buses and a maximum of 100 buses in
fixed route service during peak service hours, in an
amount not to exceed 50 percent of the share of the
apportionment which is attributable to such systems
within the urbanized area, as measured by vehicle
revenue hours.
``(b) <<NOTE: Public information.>> Program of Projects.--Each
recipient of a grant shall--
``(1) make available to the public information on amounts
available to the recipient under this section;
``(2) develop, in consultation with interested parties,
including private transportation providers, a proposed program
of projects for activities to be financed;
``(3) <<NOTE: Publication.>> publish a proposed program of
projects in a way that affected individuals, private
transportation providers, and local elected officials have the
opportunity to examine the proposed program and submit comments
on the proposed program and the performance of the recipient;
``(4) provide an opportunity for a public hearing in which
to obtain the views of individuals on the proposed program of
projects;
``(5) ensure that the proposed program of projects provides
for the coordination of public transportation services assisted
under section 5336 of this title with transportation services
assisted from other United States Government sources;
``(6) consider comments and views received, especially those
of private transportation providers, in preparing the final
program of projects; and
``(7) make the final program of projects available to the
public.
``(c) Grant Recipient Requirements.--A recipient may receive a grant
in a fiscal year only if--
``(1) <<NOTE: Certification.>> the recipient, within the
time the Secretary prescribes, submits a final program of
projects prepared under subsection (b) of this section and a
certification for that fiscal year that the recipient (including
a person receiving amounts from a Governor under this section)--
``(A) has or will have the legal, financial, and
technical capacity to carry out the program, including
safety and security aspects of the program;
[[Page 126 STAT. 654]]
``(B) has or will have satisfactory continuing
control over the use of equipment and facilities;
``(C) will maintain equipment and facilities;
``(D) will ensure that, during non-peak hours for
transportation using or involving a facility or
equipment of a project financed under this section, a
fare that is not more than 50 percent of the peak hour
fare will be charged for any--
``(i) senior;
``(ii) individual who, because of illness,
injury, age, congenital malfunction, or other
incapacity or temporary or permanent disability
(including an individual who is a wheelchair user
or has semiambulatory capability), cannot use a
public transportation service or a public
transportation facility effectively without
special facilities, planning, or design; and
``(iii) individual presenting a Medicare card
issued to that individual under title II or XVIII
of the Social Security Act (42 U.S.C. 401 et seq.
and 1395 et seq.);
``(E) in carrying out a procurement under this
section, will comply with sections 5323 and 5325;
``(F) has complied with subsection (b) of this
section;
``(G) has available and will provide the required
amounts as provided by subsection (d) of this section;
``(H) will comply with sections 5303 and 5304;
``(I) <<NOTE: Public comment.>> has a locally
developed process to solicit and consider public comment
before raising a fare or carrying out a major reduction
of transportation;
``(J)(i) will expend for each fiscal year for public
transportation security projects, including increased
lighting in or adjacent to a public transportation
system (including bus stops, subway stations, parking
lots, and garages), increased camera surveillance of an
area in or adjacent to that system, providing an
emergency telephone line to contact law enforcement or
security personnel in an area in or adjacent to that
system, and any other project intended to increase the
security and safety of an existing or planned public
transportation system, at least 1 percent of the amount
the recipient receives for each fiscal year under
section 5336 of this title; or
``(ii) has decided that the expenditure for security
projects is not necessary;
``(K) in the case of a recipient for an urbanized
area with a population of not fewer than 200,000
individuals, as determined by the Bureau of the Census--
``(i) will expend not less than 1 percent of
the amount the recipient receives each fiscal year
under this section for associated transit
improvements, as defined in section 5302; and
``(ii) <<NOTE: Reports.>> will submit an
annual report listing projects carried out in the
preceding fiscal year with those funds; and
``(L) will comply with section 5329(d); and
``(2) the Secretary accepts the certification.
``(d) Government Share of Costs.--
``(1) Capital projects.--A grant for a capital project under
this section shall be for 80 percent of the net project cost
[[Page 126 STAT. 655]]
of the project. The recipient may provide additional local
matching amounts.
``(2) Operating expenses.--A grant for operating expenses
under this section may not exceed 50 percent of the net project
cost of the project.
``(3) Remaining costs.--Subject to paragraph (4), the
remainder of the net project costs shall be provided--
``(A) in cash from non-Government sources other than
revenues from providing public transportation services;
``(B) from revenues from the sale of advertising and
concessions;
``(C) from an undistributed cash surplus, a
replacement or depreciation cash fund or reserve, or new
capital;
``(D) from amounts appropriated or otherwise made
available to a department or agency of the Government
(other than the Department of Transportation) that are
eligible to be expended for transportation; and
``(E) from amounts received under a service
agreement with a State or local social service agency or
private social service organization.
``(4) Use of certain funds.--For purposes of subparagraphs
(D) and (E) of paragraph (3), the prohibitions on the use of
funds for matching requirements under section 403(a)(5)(C)(vii)
of the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall
not apply to Federal or State funds to be used for
transportation purposes.
``(e) Undertaking Projects in Advance.--
``(1) Payment.--The Secretary may pay the Government share
of the net project cost to a State or local governmental
authority that carries out any part of a project eligible under
subparagraph (A) or (B) of subsection (a)(1) without the aid of
amounts of the Government and according to all applicable
procedures and requirements if--
``(A) the recipient applies for the payment;
``(B) the Secretary approves the payment; and
``(C) before carrying out any part of the project,
the Secretary approves the plans and specifications for
the part in the same way as for other projects under
this section.
``(2) Approval of application.--The Secretary may approve an
application under paragraph (1) of this subsection only if an
authorization for this section is in effect for the fiscal year
to which the application applies. The Secretary may not approve
an application if the payment will be more than--
``(A) the recipient's expected apportionment under
section 5336 of this title if the total amount
authorized to be appropriated for the fiscal year to
carry out this section is appropriated; less
``(B) the maximum amount of the apportionment that
may be made available for projects for operating
expenses under this section.
``(3) Financing costs.--
``(A) In general.--The cost of carrying out part of
a project includes the amount of interest earned and
payable on bonds issued by the recipient to the extent
proceeds of the bonds are expended in carrying out the
part.
[[Page 126 STAT. 656]]
``(B) Limitation on the amount of interest.--The
amount of interest allowed under this paragraph may not
be more than the most favorable financing terms
reasonably available for the project at the time of
borrowing.
``(C) Certification.--The applicant shall certify,
in a manner satisfactory to the Secretary, that the
applicant has shown reasonable diligence in seeking the
most favorable financing terms.
``(f) Reviews, Audits, and Evaluations.--
``(1) Annual review.--
``(A) In general.--At least annually, the Secretary
shall carry out, or require a recipient to have carried
out independently, reviews and audits the Secretary
considers appropriate to establish whether the recipient
has carried out--
``(i) the activities proposed under subsection
(c) of this section in a timely and effective way
and can continue to do so; and
``(ii) those activities and its certifications
and has used amounts of the Government in the way
required by law.
``(B) Auditing procedures.--An audit of the use of
amounts of the Government shall comply with the auditing
procedures of the Comptroller General.
``(2) Triennial review.--At least once every 3 years, the
Secretary shall review and evaluate completely the performance
of a recipient in carrying out the recipient's program,
specifically referring to compliance with statutory and
administrative requirements and the extent to which actual
program activities are consistent with the activities proposed
under subsection (c) of this section and the planning process
required under sections 5303, 5304, and 5305 of this title. To
the extent practicable, the Secretary shall coordinate such
reviews with any related State or local reviews.
``(3) Actions resulting from review, audit, or evaluation.--
The Secretary may take appropriate action consistent with a
review, audit, and evaluation under this subsection, including
making an appropriate adjustment in the amount of a grant or
withdrawing the grant.
``(g) Treatment.--For purposes of this section, the United States
Virgin Islands shall be treated as an urbanized area, as defined in
section 5302.
``(h) Passenger Ferry Grants.--
``(1) In general.--The Secretary may make grants under this
subsection to recipients for passenger ferry projects that are
eligible for a grant under subsection (a).
``(2) Grant requirements.--Except as otherwise provided in
this subsection, a grant under this subsection shall be subject
to the same terms and conditions as a grant under subsection
(a).
``(3) Competitive process.--The Secretary shall solicit
grant applications and make grants for eligible projects on a
competitive basis.''.
SEC. 20008. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
(a) In General.--Section 5309 of title 49, United States Code, is
amended to read as follows:
[[Page 126 STAT. 657]]
``Sec. 5309. Fixed guideway capital investment grants
``(a) Definitions.--In this section, the following definitions shall
apply:
``(1) Applicant.--The term `applicant' means a State or
local governmental authority that applies for a grant under this
section.
``(2) Core capacity improvement project.--The term `core
capacity improvement project' means a substantial corridor-based
capital investment in an existing fixed guideway system that
increases the capacity of a corridor by not less than 10
percent. The term does not include project elements designed to
maintain a state of good repair of the existing fixed guideway
system.
``(3) Corridor-based bus rapid transit project.--The term
`corridor-based bus rapid transit project' means a small start
project utilizing buses in which the project represents a
substantial investment in a defined corridor as demonstrated by
features that emulate the services provided by rail fixed
guideway public transportation systems, including defined
stations; traffic signal priority for public transportation
vehicles; short headway bidirectional services for a substantial
part of weekdays and weekend days; and any other features the
Secretary may determine support a long-term corridor investment,
but the majority of which does not operate in a separated right-
of-way dedicated for public transportation use during peak
periods.
``(4) Fixed guideway bus rapid transit project.--The term
`fixed guideway bus rapid transit project' means a bus capital
project--
``(A) in which the majority of the project operates
in a separated right-of-way dedicated for public
transportation use during peak periods;
``(B) that represents a substantial investment in a
single route in a defined corridor or subarea; and
``(C) that includes features that emulate the
services provided by rail fixed guideway public
transportation systems, including--
``(i) defined stations;
``(ii) traffic signal priority for public
transportation vehicles;
``(iii) short headway bidirectional services
for a substantial part of weekdays and weekend
days; and
``(iv) any other features the Secretary may
determine are necessary to produce high-quality
public transportation services that emulate the
services provided by rail fixed guideway public
transportation systems.
``(5) New fixed guideway capital project.--The term `new
fixed guideway capital project' means--
``(A) a new fixed guideway project that is a minimum
operable segment or extension to an existing fixed
guideway system; or
``(B) a fixed guideway bus rapid transit project
that is a minimum operable segment or an extension to an
existing bus rapid transit system.
[[Page 126 STAT. 658]]
``(6) Program of interrelated projects.--The term `program
of interrelated projects' means the simultaneous development
of--
``(A) 2 or more new fixed guideway capital projects
or core capacity improvement projects; or
``(B) 1 or more new fixed guideway capital projects
and 1 or more core capacity improvement projects.
``(7) Small start project.--The term `small start project'
means a new fixed guideway capital project or corridor-based bus
rapid transit project for which--
``(A) the Federal assistance provided or to be
provided under this section is less than $75,000,000;
and
``(B) the total estimated net capital cost is less
than $250,000,000.
``(b) General Authority.--The Secretary may make grants under this
section to State and local governmental authorities to assist in
financing--
``(1) new fixed guideway capital projects or small start
projects, including the acquisition of real property, the
initial acquisition of rolling stock for the system, the
acquisition of rights-of-way, and relocation, for fixed guideway
corridor development for projects in the advanced stages of
project development or engineering; and
``(2) core capacity improvement projects, including the
acquisition of real property, the acquisition of rights-of-way,
double tracking, signalization improvements, electrification,
expanding system platforms, acquisition of rolling stock
associated with corridor improvements increasing capacity,
construction of infill stations, and such other capacity
improvement projects as the Secretary determines are appropriate
to increase the capacity of an existing fixed guideway system
corridor by at least 10 percent. Core capacity improvement
projects do not include elements to improve general station
facilities or parking, or acquisition of rolling stock alone.
``(c) Grant Requirements.--
``(1) In general.--The Secretary may make a grant under this
section for new fixed guideway capital projects, small start
projects, or core capacity improvement projects, if the
Secretary determines that--
``(A) the project is part of an approved
transportation plan required under sections 5303 and
5304; and
``(B) the applicant has, or will have--
``(i) the legal, financial, and technical
capacity to carry out the project, including the
safety and security aspects of the project;
``(ii) satisfactory continuing control over
the use of the equipment or facilities; and
``(iii) the technical and financial capacity
to maintain new and existing equipment and
facilities.
``(2) Certification.--An applicant that has submitted the
certifications required under subparagraphs (A), (B), (C), and
(H) of section 5307(c)(1) shall be deemed to have provided
sufficient information upon which the Secretary may make the
determinations required under this subsection.
``(3) Technical capacity.--The Secretary shall use an
expedited technical capacity review process for applicants that
have recently and successfully completed at least 1 new fixed
[[Page 126 STAT. 659]]
guideway capital project, or core capacity improvement project,
if--
``(A) the applicant achieved budget, cost, and
ridership outcomes for the project that are consistent
with or better than projections; and
``(B) the applicant demonstrates that the applicant
continues to have the staff expertise and other
resources necessary to implement a new project.
``(4) Recipient requirements.--A recipient of a grant
awarded under this section shall be subject to all terms,
conditions, requirements, and provisions that the Secretary
determines to be necessary or appropriate for purposes of this
section.
``(d) New Fixed Guideway Grants.--
``(1) Project development phase.--
``(A) <<NOTE: Notifications.>> Entrance into project
development phase.--A new fixed guideway capital project
shall enter into the project development phase when--
``(i) the applicant--
``(I) submits a letter to the
Secretary describing the project and
requesting entry into the project
development phase; and
``(II) initiates activities required
to be carried out under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to the
project; and
``(ii) the Secretary--
``(I) <<NOTE: Deadline.>> responds
in writing to the applicant within 45
days whether the information provided is
sufficient to enter into the project
development phase, including, when
necessary, a detailed description of any
information deemed insufficient; and
``(II) provides concurrent notice to
the Committee on Banking, Housing, and
Urban Affairs of the Senate and the
Committee on Transportation and
Infrastructure of the House of
Representatives of whether the new fixed
guideway capital project is entering the
project development phase.
``(B) Activities during project development phase.--
Concurrent with the analysis required to be made under
the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), each applicant shall develop sufficient
information to enable the Secretary to make findings of
project justification, policies and land use patterns
that promote public transportation, and local financial
commitment under this subsection.
``(C) Completion of project development activities
required.--
``(i) <<NOTE: Deadline.>> In general.--Not
later than 2 years after the date on which a
project enters into the project development phase,
the applicant shall complete the activities
required to obtain a project rating under
subsection (g)(2) and submit completed
documentation to the Secretary.
``(ii) Extension of time.--Upon the request of
an applicant, the Secretary may extend the time
period
[[Page 126 STAT. 660]]
under clause (i), if the applicant submits to the
Secretary--
``(I) a reasonable plan for
completing the activities required under
this paragraph; and
``(II) an estimated time period
within which the applicant will complete
such activities.
``(2) Engineering phase.--
``(A) <<NOTE: Determination.>> In general.--A new
fixed guideway capital project may advance to the
engineering phase upon completion of activities required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), as demonstrated by a record of
decision with respect to the project, a finding that the
project has no significant impact, or a determination
that the project is categorically excluded, only if the
Secretary determines that the project--
``(i) is selected as the locally preferred
alternative at the completion of the process
required under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.);
``(ii) is adopted into the metropolitan
transportation plan required under section 5303;
``(iii) is justified based on a comprehensive
review of the project's mobility improvements, the
project's environmental benefits, congestion
relief associated with the project, economic
development effects associated with the project,
policies and land use patterns of the project that
support public transportation, and the project's
cost-effectiveness as measured by cost per rider;
``(iv) is supported by policies and land use
patterns that promote public transportation,
including plans for future land use and rezoning,
and economic development around public
transportation stations; and
``(v) is supported by an acceptable degree of
local financial commitment (including evidence of
stable and dependable financing sources), as
required under subsection (f).
``(B) <<NOTE: Evaluation.>> Determination that
project is justified.--In making a determination under
subparagraph (A)(iii), the Secretary shall evaluate,
analyze, and consider--
``(i) the reliability of the forecasting
methods used to estimate costs and utilization
made by the recipient and the contractors to the
recipient; and
``(ii) population density and current public
transportation ridership in the transportation
corridor.
``(e) Core Capacity Improvement Projects.--
``(1) Project development phase.--
``(A) <<NOTE: Notifications.>> Entrance into project
development phase.--A core capacity improvement project
shall be deemed to have entered into the project
development phase if--
``(i) the applicant--
``(I) submits a letter to the
Secretary describing the project and
requesting entry into the project
development phase; and
``(II) initiates activities required
to be carried out under the National
Environmental Policy Act
[[Page 126 STAT. 661]]
of 1969 (42 U.S.C. 4321 et seq.) with
respect to the project; and
``(ii) the Secretary--
``(I) <<NOTE: Deadline.>> responds
in writing to the applicant within 45
days whether the information provided is
sufficient to enter into the project
development phase, including when
necessary a detailed description of any
information deemed insufficient; and
``(II) provides concurrent notice to
the Committee on Banking, Housing, and
Urban Affairs of the Senate and the
Committee on Transportation and
Infrastructure of the House of
Representatives of whether the core
capacity improvement project is entering
the project development phase.
``(B) Activities during project development phase.--
Concurrent with the analysis required to be made under
the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), each applicant shall develop sufficient
information to enable the Secretary to make findings of
project justification and local financial commitment
under this subsection.
``(C) Completion of project development activities
required.--
``(i) <<NOTE: Deadline.>> In general.--Not
later than 2 years after the date on which a
project enters into the project development phase,
the applicant shall complete the activities
required to obtain a project rating under
subsection (g)(2) and submit completed
documentation to the Secretary.
``(ii) Extension of time.--Upon the request of
an applicant, the Secretary may extend the time
period under clause (i), if the applicant submits
to the Secretary--
``(I) a reasonable plan for
completing the activities required under
this paragraph; and
``(II) an estimated time period
within which the applicant will complete
such activities.
``(2) Engineering phase.--
``(A) <<NOTE: Determination.>> In general.--A core
capacity improvement project may advance into the
engineering phase upon completion of activities required
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), as demonstrated by a record of
decision with respect to the project, a finding that the
project has no significant impact, or a determination
that the project is categorically excluded, only if the
Secretary determines that the project--
``(i) is selected as the locally preferred
alternative at the completion of the process
required under the National Environmental Policy
Act of 1969;
``(ii) is adopted into the metropolitan
transportation plan required under section 5303;
``(iii) is in a corridor that is--
``(I) at or over capacity; or
``(II) projected to be at or over
capacity within the next 5 years;
[[Page 126 STAT. 662]]
``(iv) is justified based on a comprehensive
review of the project's mobility improvements, the
project's environmental benefits, congestion
relief associated with the project, economic
development effects associated with the project,
the capacity needs of the corridor, and the
project's cost-effectiveness as measured by cost
per rider; and
``(v) is supported by an acceptable degree of
local financial commitment (including evidence of
stable and dependable financing sources), as
required under subsection (f).
``(B) <<NOTE: Evaluation.>> Determination that
project is justified.--In making a determination under
subparagraph (A)(iv), the Secretary shall evaluate,
analyze, and consider--
``(i) the reliability of the forecasting
methods used to estimate costs and utilization
made by the recipient and the contractors to the
recipient;
``(ii) whether the project will increase
capacity at least 10 percent in a corridor;
``(iii) whether the project will improve
interconnectivity among existing systems; and
``(iv) whether the project will improve
environmental outcomes.
``(f) Financing Sources.--
``(1) Requirements.--In determining whether a project is
supported by an acceptable degree of local financial commitment
and shows evidence of stable and dependable financing sources
for purposes of subsection (d)(2)(A)(v) or (e)(2)(A)(v), the
Secretary shall require that--
``(A) the proposed project plan provides for the
availability of contingency amounts that the Secretary
determines to be reasonable to cover unanticipated cost
increases or funding shortfalls;
``(B) each proposed local source of capital and
operating financing is stable, reliable, and available
within the proposed project timetable; and
``(C) local resources are available to recapitalize,
maintain, and operate the overall existing and proposed
public transportation system, including essential feeder
bus and other services necessary to achieve the
projected ridership levels without requiring a reduction
in existing public transportation services or level of
service to operate the project.
``(2) Considerations.--In assessing the stability,
reliability, and availability of proposed sources of local
financing for purposes of subsection (d)(2)(A)(v) or
(e)(2)(A)(v), the Secretary shall consider--
``(A) the reliability of the forecasting methods
used to estimate costs and revenues made by the
recipient and the contractors to the recipient;
``(B) existing grant commitments;
``(C) the degree to which financing sources are
dedicated to the proposed purposes;
``(D) any debt obligation that exists, or is
proposed by the recipient, for the proposed project or
other public transportation purpose;
[[Page 126 STAT. 663]]
``(E) the extent to which the project has a local
financial commitment that exceeds the required non-
Government share of the cost of the project; and
``(F) private contributions to the project,
including cost-effective project delivery, management or
transfer of project risks, expedited project schedule,
financial partnering, and other public-private
partnership strategies.
``(g) Project Advancement and Ratings.--
``(1) <<NOTE: Determination.>> Project advancement.--A new
fixed guideway capital project or core capacity improvement
project proposed to be carried out using a grant under this
section may not advance from the project development phase to
the engineering phase, or from the engineering phase to the
construction phase, unless the Secretary determines that--
``(A) the project meets the applicable requirements
under this section; and
``(B) there is a reasonable likelihood that the
project will continue to meet the requirements under
this section.
``(2) Ratings.--
``(A) <<NOTE: Evaluation.>> Overall rating.--In
making a determination under paragraph (1), the
Secretary shall evaluate and rate a project as a whole
on a 5-point scale (high, medium-high, medium, medium-
low, or low) based on--
``(i) in the case of a new fixed guideway
capital project, the project justification
criteria under subsection (d)(2)(A)(iii), the
policies and land use patterns that support public
transportation, and the degree of local financial
commitment; and
``(ii) in the case of a core capacity
improvement project, the capacity needs of the
corridor, the project justification criteria under
subsection (e)(2)(A)(iv), and the degree of local
financial commitment.
``(B) Individual ratings for each criterion.--In
rating a project under this paragraph, the Secretary
shall--
``(i) provide, in addition to the overall
project rating under subparagraph (A), individual
ratings for each of the criteria established under
subsection (d)(2)(A)(iii) or (e)(2)(A)(iv), as
applicable; and
``(ii) give comparable, but not necessarily
equal, numerical weight to each of the criteria
established under subsections (d)(2)(A)(iii) or
(e)(2)(A)(iv), as applicable, in calculating the
overall project rating under clause (i).
``(C) Medium rating not required.--The Secretary
shall not require that any single project justification
criterion meet or exceed a `medium' rating in order to
advance the project from one phase to another.
``(3) Warrants.--The Secretary shall, to the maximum extent
practicable, develop and use special warrants for making a
project justification determination under subsection (d)(2) or
(e)(2), as applicable, for a project proposed to be funded using
a grant under this section, if--
``(A) the share of the cost of the project to be
provided under this section does not exceed--
``(i) $100,000,000; or
``(ii) 50 percent of the total cost of the
project;
``(B) the applicant requests the use of the
warrants;
[[Page 126 STAT. 664]]
``(C) <<NOTE: Certification.>> the applicant
certifies that its existing public transportation system
is in a state of good repair; and
``(D) the applicant meets any other requirements
that the Secretary considers appropriate to carry out
this subsection.
``(4) Letters of intent and early systems work agreements.--
In order to expedite a project under this subsection, the
Secretary shall, to the maximum extent practicable, issue
letters of intent and enter into early systems work agreements
upon issuance of a record of decision for projects that receive
an overall project rating of medium or better.
``(5) Policy guidance.--The Secretary shall issue policy
guidance regarding the review and evaluation process and
criteria--
``(A) <<NOTE: Deadline.>> not later than 180 days
after the date of enactment of the Federal Public
Transportation Act of 2012; and
``(B) each time the Secretary makes significant
changes to the process and criteria, but not less
frequently than once every 2 years.
``(6) <<NOTE: Deadline.>> Rules.--Not later than 1 year
after the date of enactment of the Federal Public Transportation
Act of 2012, the Secretary shall issue rules establishing an
evaluation and rating process for--
``(A) new fixed guideway capital projects that is
based on the results of project justification, policies
and land use patterns that promote public
transportation, and local financial commitment, as
required under this subsection; and
``(B) core capacity improvement projects that is
based on the results of the capacity needs of the
corridor, project justification, and local financial
commitment.
``(7) Applicability.--This subsection shall not apply to a
project for which the Secretary issued a letter of intent,
entered into a full funding grant agreement, or entered into a
project construction agreement before the date of enactment of
the Federal Public Transportation Act of 2012.
``(h) Small Start Projects.--
``(1) In general.--A small start project shall be subject to
the requirements of this subsection.
``(2) Project development phase.--
``(A) <<NOTE: Notifications.>> Entrance into project
development phase.--A new small starts project shall
enter into the project development phase when--
``(i) the applicant--
``(I) submits a letter to the
Secretary describing the project and
requesting entry into the project
development phase; and
``(II) initiates activities required
to be carried out under the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to the
project; and
``(ii) the Secretary--
``(I) <<NOTE: Deadline.>> responds
in writing to the applicant within 45
days whether the information provided is
sufficient to enter into the project
development phase, including, when
necessary, a detailed description of any
information deemed insufficient; and
[[Page 126 STAT. 665]]
``(II) provides concurrent notice to
the Committee on Banking, Housing, and
Urban Affairs of the Senate and the
Committee on Transportation and
Infrastructure of the House of
Representatives of whether the small
starts project is entering the project
development phase.
``(B) Activities during project development phase.--
Concurrent with the analysis required to be made under
the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), each applicant shall develop sufficient
information to enable the Secretary to make findings of
project justification, policies and land use patterns
that promote public transportation, and local financial
commitment under this subsection.
``(3) <<NOTE: Determination.>> Selection criteria.--The
Secretary may provide Federal assistance for a small start
project under this subsection only if the Secretary determines
that the project--
``(A) has been adopted as the locally preferred
alternative as part of the metropolitan transportation
plan required under section 5303;
``(B) is based on the results of an analysis of the
benefits of the project as set forth in paragraph (4);
and
``(C) is supported by an acceptable degree of local
financial commitment.
``(4) Evaluation of benefits and federal investment.--In
making a determination for a small start project under paragraph
(3)(B), the Secretary shall analyze, evaluate, and consider the
following evaluation criteria for the project (as compared to a
no-action alternative): mobility improvements, environmental
benefits, congestion relief, economic development effects
associated with the project, policies and land use patterns that
support public transportation and cost-effectiveness as measured
by cost per rider.
``(5) Evaluation of local financial commitment.--For
purposes of paragraph (3)(C), the Secretary shall require that
each proposed local source of capital and operating financing is
stable, reliable, and available within the proposed project
timetable.
``(6) <<NOTE: Evaluation.>> Ratings.--In carrying out
paragraphs (4) and (5) for a small start project, the Secretary
shall evaluate and rate the project on a 5-point scale (high,
medium-high, medium, medium-low, or low) based on an evaluation
of the benefits of the project as compared to the Federal
assistance to be provided and the degree of local financial
commitment, as required under this subsection. In rating the
projects, the Secretary shall provide, in addition to the
overall project rating, individual ratings for each of the
criteria established by this subsection and shall give
comparable, but not necessarily equal, numerical weight to the
benefits that the project will bring to the community in
calculating the overall project rating.
``(7) Grants and expedited grant agreements.--
``(A) In general.--The Secretary, to the maximum
extent practicable, shall provide Federal assistance
under this subsection in a single grant. If the
Secretary cannot provide such a single grant, the
Secretary may execute
[[Page 126 STAT. 666]]
an expedited grant agreement in order to include a
commitment on the part of the Secretary to provide
funding for the project in future fiscal years.
``(B) Terms of expedited grant agreements.--In
executing an expedited grant agreement under this
subsection, the Secretary may include in the agreement
terms similar to those established under subsection
(k)(2).
``(C) Notice of proposed grants and expedited grant
agreements.-- <<NOTE: Time period.>> At least 10 days
before making a grant award or entering into a grant
agreement for a project under this subsection, the
Secretary shall notify, in writing, the Committee on
Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Appropriations of the Senate of the
proposed grant or expedited grant agreement, as well as
the evaluations and ratings for the project.
``(i) Programs of Interrelated Projects.--
``(1) Project development phase.--A federally funded project
in a program of interrelated projects shall advance through
project development as provided in subsection (d) or (e), as
applicable.
``(2) <<NOTE: Determination.>> Engineering phase.--A
federally funded project in a program of interrelated projects
may advance into the engineering phase upon completion of
activities required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), as demonstrated by a record of
decision with respect to the project, a finding that the project
has no significant impact, or a determination that the project
is categorically excluded, only if the Secretary determines
that--
``(A) the project is selected as the locally
preferred alternative at the completion of the process
required under the National Environmental Policy Act of
1969;
``(B) the project is adopted into the metropolitan
transportation plan required under section 5303;
``(C) the program of interrelated projects involves
projects that have a logical connectivity to one
another;
``(D) the program of interrelated projects, when
evaluated as a whole, meets the requirements of
subsection (d)(2) or (e)(2), as applicable;
``(E) the program of interrelated projects is
supported by a program implementation plan demonstrating
that construction will begin on each of the projects in
the program of interrelated projects within a reasonable
time frame; and
``(F) the program of interrelated projects is
supported by an acceptable degree of local financial
commitment, as described in subsection (f).
``(3) Project advancement and ratings.--
``(A) <<NOTE: Determination.>> Project
advancement.--A project receiving a grant under this
section that is part of a program of interrelated
projects may not advance from the project development
phase to the engineering phase, or from the engineering
phase to the construction phase, unless the Secretary
determines that the program of interrelated projects
meets the applicable requirements of this section
[[Page 126 STAT. 667]]
and there is a reasonable likelihood that the program
will continue to meet such requirements.
``(B) Ratings.--
``(i) <<NOTE: Evaluation.>> Overall rating.--
In making a determination under subparagraph (A),
the Secretary shall evaluate and rate a program of
interrelated projects on a 5-point scale (high,
medium-high, medium, medium-low, or low) based on
the criteria described in paragraph (2).
``(ii) Individual rating for each criterion.--
In rating a program of interrelated projects, the
Secretary shall provide, in addition to the
overall program rating, individual ratings for
each of the criteria described in paragraph (2)
and shall give comparable, but not necessarily
equal, numerical weight to each such criterion in
calculating the overall program rating.
``(iii) Medium rating not required.--The
Secretary shall not require that any single
criterion described in paragraph (2) meet or
exceed a `medium' rating in order to advance the
program of interrelated projects from one phase to
another.
``(4) Annual review.--
``(A) Review required.--The Secretary shall annually
review the program implementation plan required under
paragraph (2)(E) to determine whether the program of
interrelated projects is adhering to its schedule.
``(B) Extension of time.--If a program of
interrelated projects is not adhering to its schedule,
the Secretary may, upon the request of the applicant,
grant an extension of time if the applicant submits a
reasonable plan that includes--
``(i) evidence of continued adequate funding;
and
``(ii) an estimated time frame for completing
the program of interrelated projects.
``(C) Satisfactory progress required.--If the
Secretary determines that a program of interrelated
projects is not making satisfactory progress, no Federal
funds shall be provided for a project within the program
of interrelated projects.
``(5) Failure to carry out program of interrelated
projects.--
``(A) Repayment required.--If an applicant does not
carry out the program of interrelated projects within a
reasonable time, for reasons within the control of the
applicant, the applicant shall repay all Federal funds
provided for the program, and any reasonable interest
and penalty charges that the Secretary may establish.
``(B) Crediting of funds received.--Any funds
received by the Government under this paragraph, other
than interest and penalty charges, shall be credited to
the appropriation account from which the funds were
originally derived.
``(6) Non-federal funds.--Any non-Federal funds committed to
a project in a program of interrelated projects may be used to
meet a non-Government share requirement for any other project in
the program of interrelated projects, if the
[[Page 126 STAT. 668]]
Government share of the cost of each project within the program
of interrelated projects does not exceed 80 percent.
``(7) Priority.--In making grants under this section, the
Secretary may give priority to programs of interrelated projects
for which the non-Government share of the cost of the projects
included in the programs of interrelated projects exceeds the
non-Government share required under subsection (l).
``(8) Non-government projects.--Including a project not
financed by the Government in a program of interrelated projects
does not impose Government requirements that would not otherwise
apply to the project.
``(j) Previously Issued Letter of Intent or Full Funding Grant
Agreement.--Subsections (d) and (e) shall not apply to projects for
which the Secretary has issued a letter of intent, approved entry into
final design, entered into a full funding grant agreement, or entered
into a project construction grant agreement before the date of enactment
of the Federal Public Transportation Act of 2012.
``(k) Letters of Intent, Full Funding Grant Agreements, and Early
Systems Work Agreements.--
``(1) Letters of intent.--
``(A) Amounts intended to be obligated.--The
Secretary may issue a letter of intent to an applicant
announcing an intention to obligate, for a new fixed
guideway capital project or core capacity improvement
project, an amount from future available budget
authority specified in law that is not more than the
amount stipulated as the financial participation of the
Secretary in the project. When a letter is issued for a
capital project under this section, the amount shall be
sufficient to complete at least an operable segment.
``(B) Treatment.--The issuance of a letter under
subparagraph (A) is deemed not to be an obligation under
sections 1108(c), 1501, and 1502(a) of title 31 or an
administrative commitment.
``(2) Full funding grant agreements.--
``(A) In general.--A new fixed guideway capital
project or core capacity improvement project shall be
carried out through a full funding grant agreement.
``(B) Criteria.--The Secretary shall enter into a
full funding grant agreement, based on the evaluations
and ratings required under subsection (d), (e), or (i),
as applicable, with each grantee receiving assistance
for a new fixed guideway capital project or core
capacity improvement project that has been rated as
high, medium-high, or medium, in accordance with
subsection (g)(2)(A) or (i)(3)(B), as applicable.
``(C) Terms.--A full funding grant agreement shall--
``(i) establish the terms of participation by
the Government in a new fixed guideway capital
project or core capacity improvement project;
``(ii) establish the maximum amount of Federal
financial assistance for the project;
``(iii) include the period of time for
completing the project, even if that period
extends beyond the period of an authorization; and
[[Page 126 STAT. 669]]
``(iv) make timely and efficient management of
the project easier according to the law of the
United States.
``(D) Special financial rules.--
``(i) In general.--A full funding grant
agreement under this paragraph obligates an amount
of available budget authority specified in law and
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.
``(ii) Statement of contingent commitment.--
The agreement shall state that the contingent
commitment is not an obligation of the Government.
``(iii) Interest and other financing costs.--
Interest and other financing costs of efficiently
carrying out a part of the project within a
reasonable time are a cost of carrying out the
project under a full funding 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. <<NOTE: Certification.>> The
applicant shall certify, in a way satisfactory to
the Secretary, that the applicant has shown
reasonable diligence in seeking the most favorable
financing terms.
``(iv) Completion of operable segment.--The
amount stipulated in an agreement under this
paragraph for a new fixed guideway capital project
shall be sufficient to complete at least an
operable segment.
``(E) Before and after study.--
``(i) In general.--A full funding grant
agreement under this paragraph shall require the
applicant to conduct a study that--
``(I) describes and analyzes the
impacts of the new fixed guideway
capital project or core capacity
improvement project on public
transportation services and public
transportation ridership;
``(II) evaluates the consistency of
predicted and actual project
characteristics and performance; and
``(III) identifies reasons for
differences between predicted and actual
outcomes.
``(ii) Information collection and analysis
plan.--
``(I) Submission of plan.--
Applicants seeking a full funding grant
agreement under this paragraph shall
submit a complete plan for the
collection and analysis of information
to identify the impacts of the new fixed
guideway capital project or core
capacity improvement project and the
accuracy of the forecasts prepared
during the development of the project.
Preparation of this plan shall be
included in the full funding grant
agreement as an eligible activity.
``(II) Contents of plan.--The plan
submitted under subclause (I) shall
provide for--
``(aa) collection of data on
the current public
transportation system regarding
public
[[Page 126 STAT. 670]]
transportation service levels
and ridership patterns,
including origins and
destinations, access modes, trip
purposes, and rider
characteristics;
``(bb) documentation of the
predicted scope, service levels,
capital costs, operating costs,
and ridership of the project;
``(cc) collection of data on
the public transportation system
2 years after the opening of a
new fixed guideway capital
project or core capacity
improvement project, including
analogous information on public
transportation service levels
and ridership patterns and
information on the as-built
scope, capital, and financing
costs of the project; and
``(dd) analysis of the
consistency of predicted project
characteristics with actual
outcomes.
``(F) Collection of data on current system.--To be
eligible for a full funding grant agreement under this
paragraph, recipients shall have collected data on the
current system, according to the plan required under
subparagraph (E)(ii), before the beginning of
construction of the proposed new fixed guideway capital
project or core capacity improvement project. Collection
of this data shall be included in the full funding grant
agreement as an eligible activity.
``(3) Early systems work agreements.--
``(A) Conditions.--The Secretary may enter into an
early systems work agreement with an applicant if a
record of decision under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) has been
issued on the project and the Secretary finds there is
reason to believe--
``(i) a full funding grant agreement for the
project will be made; and
``(ii) the terms of the work agreement will
promote ultimate completion of the project more
rapidly and at less cost.
``(B) Contents.--
``(i) In general.--An early systems work
agreement under this paragraph obligates budget
authority available under this chapter and title
23 and shall provide for reimbursement of
preliminary costs of carrying out the project,
including land acquisition, timely procurement of
system elements for which specifications are
decided, and other activities the Secretary
decides are appropriate to make efficient, long-
term project management easier.
``(ii) Contingent commitment.--An early
systems work agreement 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.
``(iii) Period covered.--An early systems work
agreement under this paragraph shall cover the
period
[[Page 126 STAT. 671]]
of time the Secretary considers appropriate. The
period may extend beyond the period of current
authorization.
``(iv) Interest and other financing costs.--
Interest and other financing costs of efficiently
carrying out the early systems work agreement
within a reasonable time are a cost of carrying
out the 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. <<NOTE: Certification.>> The applicant
shall certify, in a way satisfactory to the
Secretary, that the applicant has shown reasonable
diligence in seeking the most favorable financing
terms.
``(v) Failure to carry out project.--If an
applicant does not carry out the project for
reasons within the control of the applicant, the
applicant shall repay all Federal grant funds
awarded for the project from all Federal funding
sources, for all project activities, facilities,
and equipment, plus reasonable interest and
penalty charges allowable by law or established by
the Secretary in the early systems work agreement.
``(vi) Crediting of funds received.--Any funds
received by the Government under this paragraph,
other than interest and penalty charges, shall be
credited to the appropriation account from which
the funds were originally derived.
``(4) Limitation on amounts.--
``(A) In general.--The Secretary may enter into full
funding grant agreements under this subsection for new
fixed guideway capital projects and core capacity
improvement projects that contain contingent commitments
to incur obligations in such amounts as the Secretary
determines are appropriate.
``(B) Appropriation required.--An obligation may be
made under this subsection only when amounts are
appropriated for the obligation.
``(5) <<NOTE: Deadline.>> Notification to congress.--At
least 30 days before issuing a letter of intent, entering into a
full funding grant agreement, or entering into an early systems
work agreement under this section, the Secretary shall notify,
in writing, the Committee on Banking, Housing, and Urban Affairs
and the Committee on Appropriations of the Senate and the
Committee on Transportation and Infrastructure and the Committee
on Appropriations of the House of Representatives of the
proposed letter or agreement. <<NOTE: Records.>> The Secretary
shall include with the notification a copy of the proposed
letter or agreement as well as the evaluations and ratings for
the project.
``(l) Government Share of Net Capital Project Cost.--
``(1) In general.--Based on engineering studies, studies of
economic feasibility, and information on the expected use of
equipment or facilities, the Secretary shall estimate the net
capital project cost. A grant for a fixed guideway project or
small start project shall not exceed 80 percent of the net
capital project cost. A grant for a core capacity project shall
not exceed 80 percent of the net capital project cost of the
incremental cost of increasing the capacity in the corridor.
[[Page 126 STAT. 672]]
``(2) Adjustment for completion under budget.--The Secretary
may adjust the final net capital project cost of a new fixed
guideway capital project or core capacity improvement project
evaluated under subsection (d), (e), or (i) to include the cost
of eligible activities not included in the originally defined
project if the Secretary determines that the originally defined
project has been completed at a cost that is significantly below
the original estimate.
``(3) Maximum government share.--The Secretary may provide a
higher grant percentage than requested by the grant recipient
if--
``(A) the Secretary determines that the net capital
project cost of the project is not more than 10 percent
higher than the net capital project cost estimated at
the time the project was approved for advancement into
the engineering phase; and
``(B) the ridership estimated for the project is not
less than 90 percent of the ridership estimated for the
project at the time the project was approved for
advancement into the engineering phase.
``(4) Remainder of net capital project cost.--The remainder
of the net capital project cost shall be provided from an
undistributed cash surplus, a replacement or depreciation cash
fund or reserve, or new capital.
``(5) Limitation on statutory construction.--Nothing in this
section shall be construed as authorizing the Secretary to
require a non-Federal financial commitment for a project that is
more than 20 percent of the net capital project cost.
``(6) Special rule for rolling stock costs.--In addition to
amounts allowed pursuant to paragraph (1), a planned extension
to a fixed guideway system may include the cost of rolling stock
previously purchased if the applicant satisfies the Secretary
that only amounts other than amounts provided by the Government
were used and that the purchase was made for use on the
extension. A refund or reduction of the remainder may be made
only if a refund of a proportional amount of the grant of the
Government is made at the same time.
``(7) Limitation on applicability.--This subsection shall
not apply to projects for which the Secretary entered into a
full funding grant agreement before the date of enactment of the
Federal Public Transportation Act of 2012.
``(8) Special rule for fixed guideway bus rapid transit
projects.--For up to three fixed-guideway bus rapid transit
projects each fiscal year the Secretary shall--
``(A) establish a Government share of at least 80
percent; and
``(B) not lower the project's rating for degree of
local financial commitment for purposes of subsections
(d)(2)(A)(v) or (h)(3)(C) as a result of the Government
share specified in this paragraph.
``(m) Undertaking Projects in Advance.--
``(1) In general.--The Secretary may pay the Government
share of the net capital project cost to a State or local
governmental authority that carries out any part of a project
described in this section without the aid of amounts of the
Government and according to all applicable procedures and
requirements if--
[[Page 126 STAT. 673]]
``(A) the State or local governmental authority
applies for the payment;
``(B) the Secretary approves the payment; and
``(C) before the State or local governmental
authority carries out the part of the project, the
Secretary approves the plans and specifications for the
part in the same way as other projects under this
section.
``(2) Financing costs.--
``(A) In general.--The cost of carrying out part of
a project includes the amount of interest earned and
payable on bonds issued by the State or local
governmental authority to the extent proceeds of the
bonds are expended in carrying out the part.
``(B) Limitation on amount of interest.--The amount
of interest under this paragraph may not be more than
the most favorable interest terms reasonably available
for the project at the time of borrowing.
``(C) Certification.--The applicant shall certify,
in a manner satisfactory to the Secretary, that the
applicant has shown reasonable diligence in seeking the
most favorable financing terms.
``(n) Availability of Amounts.--
``(1) In general.--An amount made available or appropriated
for a new fixed guideway capital project or core capacity
improvement project shall remain available to that project for 5
fiscal years, including the fiscal year in which the amount is
made available or appropriated. Any amounts that are unobligated
to the project at the end of the 5-fiscal-year period may be
used by the Secretary for any purpose under this section.
``(2) Use of deobligated amounts.--An amount available under
this section that is deobligated may be used for any purpose
under this section.
``(o) Reports on New Fixed Guideway and Core Capacity Improvement
Projects.--
``(1) Annual report on funding recommendations.--Not later
than the first Monday in February of each year, the Secretary
shall submit to the Committee on Banking, Housing, and Urban
Affairs and the Committee on Appropriations of the Senate and
the Committee on Transportation and Infrastructure and the
Committee on Appropriations of the House of Representatives a
report that includes--
``(A) a proposal of allocations of amounts to be
available to finance grants for projects under this
section among applicants for these amounts;
``(B) evaluations and ratings, as required under
subsections (d), (e), and (i), for each such project
that is in project development, engineering, or has
received a full funding grant agreement; and
``(C) recommendations of such projects for funding
based on the evaluations and ratings and on existing
commitments and anticipated funding levels for the next
3 fiscal years based on information currently available
to the Secretary.
``(2) Reports on before and after studies.--Not later than
the first Monday in August of each year, the Secretary shall
submit to the committees described in paragraph (1) a
[[Page 126 STAT. 674]]
report containing a summary of the results of any studies
conducted under subsection (k)(2)(E).
``(3) Biennial gao review.--The Comptroller General of the
United States shall--
``(A) conduct a biennial review of--
``(i) the processes and procedures for
evaluating, rating, and recommending new fixed
guideway capital projects and core capacity
improvement projects; and
``(ii) the Secretary's implementation of such
processes and procedures; and
``(B) report to Congress on the results of such
review by May 31 of each year.''.
(b) <<NOTE: 49 USC 5309 note.>> Pilot Program for Expedited Project
Delivery.--
(1) Definitions.--In this subsection the following
definitions shall apply:
(A) Eligible project.--The term ``eligible project''
means a new fixed guideway capital project or a core
capacity improvement project, as those terms are defined
in section 5309 of title 49, United States Code, as
amended by this section, that has not entered into a
full funding grant agreement with the Federal Transit
Administration before the date of enactment of the
Federal Public Transportation Act of 2012.
(B) Program.--The term ``program'' means the pilot
program for expedited project delivery established under
this subsection.
(C) Recipient.--The term ``recipient'' means a
recipient of funding under chapter 53 of title 49,
United States Code.
(D) Secretary.--The term ``Secretary'' means the
Secretary of Transportation.
(2) Establishment.--The Secretary shall establish and
implement a pilot program to demonstrate whether innovative
project development and delivery methods or innovative financing
arrangements can expedite project delivery for certain
meritorious new fixed guideway capital projects and core
capacity improvement projects.
(3) Limitation on number of projects.--The Secretary shall
select 3 eligible projects to participate in the program, of
which--
(A) at least 1 shall be an eligible project
requesting more than $100,000,000 in Federal financial
assistance under section 5309 of title 49, United States
Code; and
(B) at least 1 shall be an eligible project
requesting less than $100,000,000 in Federal financial
assistance under section 5309 of title 49, United States
Code.
(4) Government share.--The Government share of the total
cost of an eligible project that participates in the program may
not exceed 50 percent.
(5) Eligibility.--A recipient that desires to participate in
the program shall submit to the Secretary an application that
contains, at a minimum--
(A) identification of an eligible project;
(B) a schedule and finance plan for the construction
and operation of the eligible project;
[[Page 126 STAT. 675]]
(C) an analysis of the efficiencies of the proposed
project development and delivery methods or innovative
financing arrangement for the eligible project; and
(D) a certification that the recipient's existing
public transportation system is in a state of good
repair.
(6) Selection criteria.--The Secretary may award a full
funding grant agreement under this subsection if the Secretary
determines that--
(A) the recipient has completed planning and the
activities required under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) the recipient has the necessary legal,
financial, and technical capacity to carry out the
eligible project.
(7) Before and after study and report.--
(A) Study required.--A full funding grant agreement
under this paragraph shall require a recipient to
conduct a study that--
(i) describes and analyzes the impacts of the
eligible project on public transportation services
and public transportation ridership;
(ii) describes and analyzes the consistency of
predicted and actual benefits and costs of the
innovative project development and delivery
methods or innovative financing for the eligible
project; and
(iii) identifies reasons for any differences
between predicted and actual outcomes for the
eligible project.
(B) Submission of report.--Not later than 9 months
after an eligible project selected to participate in the
program begins revenue operations, the recipient shall
submit to the Secretary a report on the results of the
study under subparagraph (A).
SEC. 20009. MOBILITY OF SENIORS AND INDIVIDUALS WITH DISABILITIES.
Section 5310 of title 49, United States Code, is amended to read as
follows:
``Sec. 5310. Formula grants for the enhanced mobility of seniors
and individuals with disabilities
``(a) Definitions.--In this section, the following definitions shall
apply:
``(1) Recipient.--The term `recipient' means a designated
recipient or a State that receives a grant under this section
directly.
``(2) Subrecipient.--The term `subrecipient' means a State
or local governmental authority, a private nonprofit
organization, or an operator of public transportation that
receives a grant under this section indirectly through a
recipient.
``(b) General Authority.--
``(1) Grants.--The Secretary may make grants under this
section to recipients for--
``(A) public transportation projects planned,
designed, and carried out to meet the special needs of
seniors and individuals with disabilities when public
transportation is insufficient, inappropriate, or
unavailable;
[[Page 126 STAT. 676]]
``(B) public transportation projects that exceed the
requirements of the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.);
``(C) public transportation projects that improve
access to fixed route service and decrease reliance by
individuals with disabilities on complementary
paratransit; and
``(D) alternatives to public transportation that
assist seniors and individuals with disabilities with
transportation.
``(2) Limitations for capital projects.--
``(A) Amount available.--The amount available for
capital projects under paragraph (1)(A) shall be not
less than 55 percent of the funds apportioned to the
recipient under this section.
``(B) Allocation to subrecipients.--A recipient of a
grant under paragraph (1)(A) may allocate the amounts
provided under the grant to--
``(i) a private nonprofit organization; or
``(ii) a State or local governmental authority
that--
``(I) is approved by a State to
coordinate services for seniors and
individuals with disabilities; or
``(II) certifies that there are no
private nonprofit organizations readily
available in the area to provide the
services described in paragraph (1)(A).
``(3) Administrative expenses.--A recipient may use not more
than 10 percent of the amounts apportioned to the recipient
under this section to administer, plan, and provide technical
assistance for a project funded under this section.
``(4) Eligible capital expenses.--The acquisition of public
transportation services is an eligible capital expense under
this section.
``(5) Coordination.--
``(A) Department of transportation.--To the maximum
extent feasible, the Secretary shall coordinate
activities under this section with related activities
under other Federal departments and agencies.
``(B) Other federal agencies and nonprofit
organizations.--A State or local governmental authority
or nonprofit organization that receives assistance from
Government sources (other than the Department of
Transportation) for nonemergency transportation services
shall--
``(i) participate and coordinate with
recipients of assistance under this chapter in the
design and delivery of transportation services;
and
``(ii) participate in the planning for the
transportation services described in clause (i).
``(6) Program of projects.--
``(A) In general.--Amounts made available to carry
out this section may be used for transportation projects
to assist in providing transportation services for
seniors and individuals with disabilities, if such
transportation projects are included in a program of
projects.
``(B) Submission.--A recipient shall annually submit
a program of projects to the Secretary.
[[Page 126 STAT. 677]]
``(C) Assurance.--The program of projects submitted
under subparagraph (B) shall contain an assurance that
the program provides for the maximum feasible
coordination of transportation services assisted under
this section with transportation services assisted by
other Government sources.
``(7) Meal delivery for homebound individuals.--A public
transportation service provider that receives assistance under
this section or section 5311(c) may coordinate and assist in
regularly providing meal delivery service for homebound
individuals, if the delivery service does not conflict with
providing public transportation service or reduce service to
public transportation passengers.
``(c) Apportionment and Transfers.--
``(1) Formula.--The Secretary shall apportion amounts made
available to carry out this section as follows:
``(A) Large urbanized areas.--Sixty percent of the
funds shall be apportioned among designated recipients
for urbanized areas with a population of 200,000 or more
individuals, as determined by the Bureau of the Census,
in the ratio that--
``(i) the number of seniors and individuals
with disabilities in each such urbanized area;
bears to
``(ii) the number of seniors and individuals
with disabilities in all such urbanized areas.
``(B) Small urbanized areas.--Twenty percent of the
funds shall be apportioned among the States in the ratio
that--
``(i) the number of seniors and individuals
with disabilities in urbanized areas with a
population of fewer than 200,000 individuals, as
determined by the Bureau of the Census, in each
State; bears to
``(ii) the number of seniors and individuals
with disabilities in urbanized areas with a
population of fewer than 200,000 individuals, as
determined by the Bureau of the Census, in all
States.
``(C) Rural areas.--Twenty percent of the funds
shall be apportioned among the States in the ratio
that--
``(i) the number of seniors and individuals
with disabilities in rural areas in each State;
bears to
``(ii) the number of seniors and individuals
with disabilities in rural areas in all States.
``(2) Areas served by projects.--
``(A) In general.--Except as provided in
subparagraph (B)--
``(i) funds apportioned under paragraph (1)(A)
shall be used for projects serving urbanized areas
with a population of 200,000 or more individuals,
as determined by the Bureau of the Census;
``(ii) funds apportioned under paragraph
(1)(B) shall be used for projects serving
urbanized areas with a population of fewer than
200,000 individuals, as determined by the Bureau
of the Census; and
``(iii) funds apportioned under paragraph
(1)(C) shall be used for projects serving rural
areas.
[[Page 126 STAT. 678]]
``(B) Exceptions.--A State may use funds apportioned
to the State under subparagraph (B) or (C) of paragraph
(1)--
``(i) for a project serving an area other than
an area specified in subparagraph (A)(ii) or
(A)(iii), as the case may be, if the Governor of
the State certifies that all of the objectives of
this section are being met in the area specified
in subparagraph (A)(ii) or (A)(iii); or
``(ii) for a project anywhere in the State, if
the State has established a statewide program for
meeting the objectives of this section.
``(C) Limited to eligible projects.--Any funds
transferred pursuant to subparagraph (B) shall be made
available only for eligible projects selected under this
section.
``(D) Consultation.--A recipient may transfer an
amount under subparagraph (B) only after consulting with
responsible local officials, publicly owned operators of
public transportation, and nonprofit providers in the
area for which the amount was originally apportioned.
``(d) Government Share of Costs.--
``(1) Capital projects.--A grant for a capital project under
this section shall be in an amount equal to 80 percent of the
net capital costs of the project, as determined by the
Secretary.
``(2) Operating assistance.--A grant made under this section
for operating assistance may not exceed an amount equal to 50
percent of the net operating costs of the project, as determined
by the Secretary.
``(3) Remainder of net costs.--The remainder of the net
costs of a project carried out under this section--
``(A) may be provided from an undistributed cash
surplus, a replacement or depreciation cash fund or
reserve, a service agreement with a State or local
social service agency or a private social service
organization, or new capital; and
``(B) may be derived from amounts appropriated or
otherwise made available--
``(i) to a department or agency of the
Government (other than the Department of
Transportation) that are eligible to be expended
for transportation; or
``(ii) to carry out the Federal lands highways
program under section 204 of title 23.
``(4) Use of certain funds.--For purposes of paragraph
(3)(B)(i), the prohibition under section 403(a)(5)(C)(vii) of
the Social Security Act (42 U.S.C. 603(a)(5)(C)(vii)) on the use
of grant funds for matching requirements shall not apply to
Federal or State funds to be used for transportation purposes.
``(e) Grant Requirements.--
``(1) In general.--A grant under this section shall be
subject to the same requirements as a grant under section 5307,
to the extent the Secretary determines appropriate.
``(2) Certification requirements.--
``(A) Project selection and plan development.--
Before receiving a grant under this section, each
recipient shall certify that--
[[Page 126 STAT. 679]]
``(i) the projects selected by the recipient
are included in a locally developed, coordinated
public transit-human services transportation plan;
``(ii) the plan described in clause (i) was
developed and approved through a process that
included participation by seniors, individuals
with disabilities, representatives of public,
private, and nonprofit transportation and human
services providers, and other members of the
public; and
``(iii) to the maximum extent feasible, the
services funded under this section will be
coordinated with transportation services assisted
by other Federal departments and agencies,
including any transportation activities carried
out by a recipient of a grant from the Department
of Health and Human Services.
``(B) Allocations to subrecipients.--If a recipient
allocates funds received under this section to
subrecipients, the recipient shall certify that the
funds are allocated on a fair and equitable basis.
``(f) Competitive Process for Grants to Subrecipients.--
``(1) Areawide solicitations.--A recipient of funds
apportioned under subsection (c)(1)(A) may conduct, in
cooperation with the appropriate metropolitan planning
organization, an areawide solicitation for applications for
grants under this section.
``(2) Statewide solicitations.--A recipient of funds
apportioned under subparagraph (B) or (C) of subsection (c)(1)
may conduct a statewide solicitation for applications for grants
under this section.
``(3) Application.--If the recipient elects to engage in a
competitive process, a recipient or subrecipient seeking to
receive a grant from funds apportioned under subsection (c)
shall submit to the recipient making the election an application
in such form and in accordance with such requirements as the
recipient making the election shall establish.
``(g) Transfers of Facilities and Equipment.--A recipient may
transfer a facility or equipment acquired using a grant under this
section to any other recipient eligible to receive assistance under this
chapter, if--
``(1) the recipient in possession of the facility or
equipment consents to the transfer; and
``(2) the facility or equipment will continue to be used as
required under this section.
``(h) Performance Measures.--
``(1) <<NOTE: Deadline. Reports.>> In general.--Not later
than 1 year after the date of enactment of the Federal Public
Transportation Act of 2012, the Secretary shall submit a report
to the Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Transportation and Infrastructure of
the House of Representatives making recommendations on the
establishment of performance measures for grants under this
section. Such report shall be developed in consultation with
national nonprofit organizations that provide technical
assistance and advocacy on issues related to transportation
services for seniors and individuals with disabilities.
[[Page 126 STAT. 680]]
``(2) Measures.--The performance measures to be considered
in the report under paragraph (1) shall require the collection
of quantitative and qualitative information, as available,
concerning--
``(A) modifications to the geographic coverage of
transportation service, the quality of transportation
service, or service times that increase the availability
of transportation services for seniors and individuals
with disabilities;
``(B) ridership;
``(C) accessibility improvements; and
``(D) other measures, as the Secretary determines is
appropriate.''.
SEC. 20010. FORMULA GRANTS FOR RURAL AREAS.
Section 5311 of title 49, United States Code, is amended to read as
follows:
``Sec. 5311. Formula grants for rural areas
``(a) Definitions.--As used in this section, the following
definitions shall apply:
``(1) Recipient.--The term `recipient' means a State or
Indian tribe that receives a Federal transit program grant
directly from the Government.
``(2) Subrecipient.--The term `subrecipient' means a State
or local governmental authority, a nonprofit organization, or an
operator of public transportation or intercity bus service that
receives Federal transit program grant funds indirectly through
a recipient.
``(b) General Authority.--
``(1) Grants authorized.--Except as provided by paragraph
(2), the Secretary may award grants under this section to
recipients located in rural areas for--
``(A) planning, provided that a grant under this
section for planning activities shall be in addition to
funding awarded to a State under section 5305 for
planning activities that are directed specifically at
the needs of rural areas in the State;
``(B) public transportation capital projects;
``(C) operating costs of equipment and facilities
for use in public transportation;
``(D) job access and reverse commute projects; and
``(E) the acquisition of public transportation
services, including service agreements with private
providers of public transportation service.
``(2) State program.--
``(A) In general.--A project eligible for a grant
under this section shall be included in a State program
for public transportation service projects, including
agreements with private providers of public
transportation service.
``(B) Submission to secretary.--Each State shall
submit to the Secretary annually the program described
in subparagraph (A).
``(C) Approval.--The Secretary may not approve the
program unless the Secretary determines that--
``(i) the program provides a fair distribution
of amounts in the State, including Indian
reservations; and
[[Page 126 STAT. 681]]
``(ii) the program provides the maximum
feasible coordination of public transportation
service assisted under this section with
transportation service assisted by other Federal
sources.
``(3) Rural transportation assistance program.--
``(A) In general.--The Secretary shall carry out a
rural transportation assistance program in rural areas.
``(B) Grants and contracts.--In carrying out this
paragraph, the Secretary may use not more than 2 percent
of the amount made available under section 5338(a)(2)(E)
to make grants and contracts for transportation
research, technical assistance, training, and related
support services in rural areas.
``(C) Projects of a national scope.--Not more than
15 percent of the amounts available under subparagraph
(B) may be used by the Secretary to carry out
competitively selected projects of a national scope,
with the remaining balance provided to the States.
``(4) Data collection.--Each recipient under this section
shall submit an annual report to the Secretary containing
information on capital investment, operations, and service
provided with funds received under this section, including--
``(A) total annual revenue;
``(B) sources of revenue;
``(C) total annual operating costs;
``(D) total annual capital costs;
``(E) fleet size and type, and related facilities;
``(F) vehicle revenue miles; and
``(G) ridership.
``(c) Apportionments.--
``(1) Public transportation on indian reservations.--Of the
amounts made available or appropriated for each fiscal year
pursuant to section 5338(a)(2)(E) to carry out this paragraph,
the following amounts shall be apportioned each fiscal year for
grants to Indian tribes for any purpose eligible under this
section, under such terms and conditions as may be established
by the Secretary:
``(A) $5,000,000 shall be distributed on a
competitive basis by the Secretary.
``(B) $25,000,000 shall be apportioned as formula
grants, as provided in subsection (j).
``(2) Appalachian development public transportation
assistance program.--
``(A) Definitions.--In this paragraph--
``(i) the term `Appalachian region' has the
same meaning as in section 14102 of title 40; and
``(ii) the term `eligible recipient' means a
State that participates in a program established
under subtitle IV of title 40.
``(B) In general.--The Secretary shall carry out a
public transportation assistance program in the
Appalachian region.
``(C) Apportionment.--Of amounts made available or
appropriated for each fiscal year under section
5338(a)(2)(E) to carry out this paragraph, the Secretary
shall apportion funds to eligible recipients for any
purpose eligible under this section, based on the
guidelines established under
[[Page 126 STAT. 682]]
section 9.5(b) of the Appalachian Regional Commission
Code.
``(D) Special rule.--An eligible recipient may use
amounts that cannot be used for operating expenses under
this paragraph for a highway project if--
``(i) that use is approved, in writing, by the
eligible recipient after appropriate notice and an
opportunity for comment and appeal are provided to
affected public transportation providers; and
``(ii) the eligible recipient, in approving
the use of amounts under this subparagraph,
determines that the local transit needs are being
addressed.
``(3) Remaining amounts.--
``(A) In general.--The amounts made available or
appropriated for each fiscal year pursuant to section
5338(a)(2)(E) that are not apportioned under paragraph
(1) or (2) shall be apportioned in accordance with this
paragraph.
``(B) Apportionment based on land area and
population in nonurbanized areas.--
``(i) In general.--83.15 percent of the amount
described in subparagraph (A) shall be apportioned
to the States in accordance with this
subparagraph.
``(ii) Land area.--
``(I) In general.--Subject to
subclause (II), each State shall receive
an amount that is equal to 20 percent of
the amount apportioned under clause (i),
multiplied by the ratio of the land area
in rural areas in that State and divided
by the land area in all rural areas in
the United States, as shown by the most
recent decennial census of population.
``(II) Maximum apportionment.--No
State shall receive more than 5 percent
of the amount apportioned under
subclause (I).
``(iii) Population.--Each State shall receive
an amount equal to 80 percent of the amount
apportioned under clause (i), multiplied by the
ratio of the population of rural areas in that
State and divided by the population of all rural
areas in the United States, as shown by the most
recent decennial census of population.
``(C) Apportionment based on land area, vehicle
revenue miles, and low-income individuals in
nonurbanized areas.--
``(i) In general.--16.85 percent of the amount
described in subparagraph (A) shall be apportioned
to the States in accordance with this
subparagraph.
``(ii) Land area.--Subject to clause (v), each
State shall receive an amount that is equal to
29.68 percent of the amount apportioned under
clause (i), multiplied by the ratio of the land
area in rural areas in that State and divided by
the land area in all rural areas in the United
States, as shown by the most recent decennial
census of population.
``(iii) Vehicle revenue miles.--Subject to
clause (v), each State shall receive an amount
that is equal
[[Page 126 STAT. 683]]
to 29.68 percent of the amount apportioned under
clause (i), multiplied by the ratio of vehicle
revenue miles in rural areas in that State and
divided by the vehicle revenue miles in all rural
areas in the United States, as determined by
national transit database reporting.
``(iv) Low-income individuals.--Each State
shall receive an amount that is equal to 40.64
percent of the amount apportioned under clause
(i), multiplied by the ratio of low-income
individuals in rural areas in that State and
divided by the number of low-income individuals in
all rural areas in the United States, as shown by
the Bureau of the Census.
``(v) Maximum apportionment.--No State shall
receive--
``(I) more than 5 percent of the
amount apportioned under clause (ii); or
``(II) more than 5 percent of the
amount apportioned under clause (iii).
``(d) Use for Local Transportation Service.--A State may use an
amount apportioned under this section for a project included in a
program under subsection (b) of this section and eligible for assistance
under this chapter if the project will provide local transportation
service, as defined by the Secretary of Transportation, in a rural area.
``(e) Use for Administration, Planning, and Technical Assistance.--
The Secretary may allow a State to use not more than 10 percent of the
amount apportioned under this section to administer this section and
provide technical assistance to a subrecipient, including project
planning, program and management development, coordination of public
transportation programs, and research the State considers appropriate to
promote effective delivery of public transportation to a rural area.
``(f) Intercity Bus Transportation.--
``(1) In general.--A State shall expend at least 15 percent
of the amount made available in each fiscal year to carry out a
program to develop and support intercity bus transportation.
Eligible activities under the program include--
``(A) planning and marketing for intercity bus
transportation;
``(B) capital grants for intercity bus facilities;
``(C) joint-use facilities;
``(D) operating grants through purchase-of-service
agreements, user-side subsidies, and demonstration
projects; and
``(E) coordinating rural connections between small
public transportation operations and intercity bus
carriers.
``(2) Certification.--A State does not have to comply with
paragraph (1) of this subsection in a fiscal year in which the
Governor of the State certifies to the Secretary, after
consultation with affected intercity bus service providers, that
the intercity bus service needs of the State are being met
adequately.
``(g) Government Share of Costs.--
``(1) Capital projects.--
``(A) In general.--Except as provided by
subparagraph (B), a grant awarded under this section for
a capital project or project administrative expenses
shall be for 80 percent
[[Page 126 STAT. 684]]
of the net costs of the project, as determined by the
Secretary.
``(B) Exception.--A State described in section
120(b) of title 23 shall receive a Government share of
the net costs in accordance with the formula under that
section.
``(2) Operating assistance.--
``(A) In general.--Except as provided by
subparagraph (B), a grant made under this section for
operating assistance may not exceed 50 percent of the
net operating costs of the project, as determined by the
Secretary.
``(B) Exception.--A State described in section
120(b) of title 23 shall receive a Government share of
the net operating costs equal to 62.5 percent of the
Government share provided for under paragraph (1)(B).
``(3) Remainder.--The remainder of net project costs--
``(A) may be provided from an undistributed cash
surplus, a replacement or depreciation cash fund or
reserve, a service agreement with a State or local
social service agency or a private social service
organization, or new capital;
``(B) may be derived from amounts appropriated or
otherwise made available to a department or agency of
the Government (other than the Department of
Transportation) that are eligible to be expended for
transportation;
``(C) notwithstanding subparagraph (B), may be
derived from amounts made available to carry out the
Federal lands highway program established by section 204
of title 23; and
``(D) in the case of an intercity bus project that
includes both feeder service and an unsubsidized segment
of intercity bus service to which the feeder service
connects, may be derived from the costs of a private
operator for the unsubsidized segment of intercity bus
service as an in-kind match for the operating costs of
connecting rural intercity bus feeder service funded
under subsection (f), if the private operator agrees in
writing to the use of the costs of the private operator
for the unsubsidized segment of intercity bus service as
an in-kind match.
``(4) Use of certain funds.--For purposes of pa